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SENATE HANSARD 8 MARCH 2022 VOL 31 NO 25
PARLIAMENT OF ZIMBABWE
Tuesday, 8th March, 2022
The Senate met at Half-past Two o’clock p.m.
PRAYERS
(THE ACTING PRESIDENT OF SENATE in the Chair)
HON. SEN. CHIEF NDLOVU: Thank you Mr. President for giving me this opportunity to rise on a point of privilege. Today the 8th March, we are commemorating the International Women’s Day. During this day, the globe and everyone else in the world is observing this day. The struggle to achieve social-economic, cultural and political equality for women rages on. As gender champions, let us be reminded that the fight for raising awareness of the importance of women equality is a continuous journey. Our theme for this year reminds us of the climatic and environmental challenges and disasters affecting women globally in the 21st century. According to UN 2022, women and girls constitute the majority of the world’s poor and are dependent on natural resources which climate change threatens most. Let us stand up and claim gender equality today for a better tomorrow and let us stand up and claim gender equality today for a sustainable tomorrow. I thank you Mr. President.
THE ACTING PRESIDENT OF SENATE (HON. SEN. CHIEF CHARUMBIRA): Thank you Hon. Sen. Chief Ndlovu. You rose on a point of privilege - for the benefit of all Senators, I want to draw your attention to the fact that a point of privilege relates to matters that affect you as senators. If you feel this House is too hot or too cold and you cannot survive or there is no water – that is a point of privilege because it affects you as a Member. The nature of what you have raised comes as a one-minute point of national importance and once you raise it, the Chair has the discretion to say it is accepted and it can be graduated into a proper motion so that Members can also react to it. Since you took more than one minute – just to be technical, I will read from our Standing Rules and Orders, Order No. 61, which states that “A Senator who is not a Minister may make a statement for one minute on a matter of public importance. (2) One-minute statements shall be made until – (a) Twenty minutes to three o’clock p.m. on a Tuesday, Wednesday and Thursday; and (b) Twenty minutes to ten o’clock on a Friday.” It has already been done but listening to the substance of the matter, you are welcome to bring a motion for the benefit of Members to debate or give their input.
HON. SEN. CHIEF NDLOVU: Thank you Mr. President, do I now read this as a motion?
THE ACTING PRESIDENT OF SENATE: It may not graduate into a motion immediately because the motion has its own procedures. Your issue has to go through the Clerk’s office then it comes back as a motion.
MOTION
RATIFICATION OF THE BILATERAL AIR SERVICES AGREEMENT WITH THE UNITED ARAB EMIRATES
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): I move the motion standing in my name;
THAT WHEREAS, Subsection 327 (2) (a) of the Constitution of Zimbabwe provides that any Convention, Treaty or Agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or International Organisations shall be subject to approval by Parliament;
WHEREAS the Republic of Zimbabwe, through the Ministry of Transport and Infrastructural Development concluded a Bi-Lateral Air Services Agreement with the United Arab Emirates;
WHEREAS the entry into force of this agreement is subject to the respective State parties notifying each other through diplomatic channels that their respective internal legal requirements for entry into force of the agreement have been fulfilled;
AND WHEREAS the Republic of Zimbabwe is desirous to ratify the said agreement;
NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Bi – Lateral Air Services Agreement is hereby approved for ratification.
The Ministry of Transport and Infrastructural Development, as the aeronautical authority, is responsible for the negotiation and conclusion of Bilateral Air Service Agreement (BASA) with the United Arab Emirates. The entry into force of this agreement is subject to the parties notifying each other through diplomatic channels that their respective internal legal requirements for entry into force of the agreement have been fulfilled.
As such, the Constitution of Zimbabwe provides for ratification of international agreements through the approval by both Houses of Parliament in terms of Section 327 (2).
Furthermore, the Ministry has received communication from the United Arab Emirates requesting the status of ratification, particularly the BASA between Zimbabwe and UAE, so as to ensure the entry into force of the agreement. The ratification of the BASA before a scheduled visit to the UAE by His Excellency, the President of the Republic of Zimbabwe, Dr. E.D Mnangagwa between the 13th to the 16th of March 2022, is therefore of paramount importance.
The Republic of Zimbabwe and the UAE are parties to the convention on International Civil Aviation of 1944 (The Chicago Convention).
As such, the UAE concluded the BASA with the Republic of Zimbabwe in conformity with the Chicago Convention, for the purpose of establishing and operating air services between and beyond their respective territories. The major goal of the agreement in air transportation is to create and foster friendship, understanding and cooperation as well as enhance the expansion of international air transport opportunities.
General Provisions – the preamble and article 1 outline the major objectives of the agreement and lists key definitions of terms stated within the agreement. The parties acknowledge the importance of air transportation as a means of fostering cooperation and thus conclude an agreement which is in line with the letter and spirit of the Convention on International Civil Aviation of 1944 (Chicago Convention). This agreement will go towards facilitating cooperation and coordination between the two States and towards the development of an integrated and sustainable air transport system consistent with the best international practices in civil aviation.
Grant of rights – Article 2, states that each of the designated airlines of the parties shall enjoy certain rights which include flying across the territory of the other contracting party and making stops in the territory of the other party for the purposes of discharging or taking international traffic in passengers, baggage or cargo.
Designation, authorisation, revocation and limitation of operating authorisation – Article 3 gives the aeronautical authority of each party the right to designate one or more airlines for the purpose of operating the agreed services and to withdraw or alter the designation of any such airline for one previously designated.
Article 4 then gives each aeronautical authority the right to revoke or suspend an authorisation as it may deem necessary in certain circumstances.
Principles governing operation of agreed services – article 5 lays out five principles and these include:-
- Allowing the designated airlines to compete freely in providing air transportation;
- Taking appropriate measures to eliminate all forms of discrimination and anti-competitiveness practices;
- No restrictions on the capacity and number of frequencies or types of aircraft to be operated by each designated airline;
- No limitations by either party on the volume of traffic, frequencies and regularity of service or aircraft types by the designated airline;
- No imposition of a first refusal requirement, uplift ratio, no objection fee or any other requirement with respect to capacity frequencies or traffic which would be inconsistent with the purposes of this agreement.
Customs and duties - Article 6 provides for exemptions on customs duties, other charges and taxes for designated airlines while operating in the respective territories.
Application of national laws and regulations – article 7 emphases on the compliance to the national laws of the respective territories while operating.
Code sharing – article 8 provides that the designated airlines of each party may freely enter into cooperative marketing arrangements which include blocked space or code share arrangements with any other airline or airlines. Liability of each party is to be specifically stated in this case.
Certificates of air worthiness and competence – article 9 provides that such certificates issued shall be recognised as valid by the other contracting party, however each party reserves the right to refuse such certifications granted to its own national by the other contracting party.
Safety, user charges and aviation security - article 10 gives each party the right to request consultations at any time on the safety standards in any area relating to airline operations used by the other party.
Article 11 provides that user charges imposed by either party ought to be just and reasonable.
Article 12 states that each party ought to reaffirm that their obligation to each other protects the security of civil aviation against acts of unlawful interference forms an integral part of the agreement.
Commercial activities – article 13 gives each party the right to establish in the territory of the other party offices for the purposes of promoting air transportation and/or other products and services offered in accordance with the laws of that territory.
Transfer of funds – article 14 provides that the parties shall grant the respective designated airlines the rights to transfer freely excess expenditure earned by such airlines within its territory in connection with the services offered.
Approval of timetables – article 15 provides that each party shall submit for approval to the aeronautical authority of the other party prior to its inauguration or service - the timetable of intended services, with specifications on the type of aircraft, frequency and period of validity.
TARIFFS
Article 16 provides that each party shall allow tariffs to be established by each designated airline based on commercial considerations in the market.
EXCHANGE OF INFORMATION, CONSULTATION AND AMENDMENT OF THE AGREEMENT
Articles 17 and 18 respectively provide for the prompt exchange of information relating to their operation within the territories of the other party and consultation on implementation, application or amendment of the agreement.
Article 20 provides for the circumstances under which this agreement may be amended and the procedures that ought to be followed.
SETTLEMENT OF DISPUTES
Article 19 provides for the procedures to be followed for prompt and effective settlement of disputes and for alternative dispute resolution mechanisms.
REGISTRATION AND TERMINATION
Article 21 provides for the submission of this agreement, together with any amendments and annexures to the International Civil Aviation Organisation for registration.
Article 22 then provides for the procedures to be followed where either party wishes to terminate the agreement in compliance with administrative procedure.
ENTRY INTO FORCE
Article 23 provides that this agreement shall enter into force on the day that the last written notification is received through diplomatic channels, confirming that the parties have fulfilled all the respective internal procedures required for the entry into force of this agreement. Such internal procedures in case of Zimbabwe involve the ratification of this agreement in terms of Section 327 if the Constitution.
RECOMMENDATION
The above BASA between the Republic of Zimbabwe and the UAE is hereby tabled for ratification.
*HON. SEN. KOMICHI: Thank you Mr. President Sir, I would also like to thank the Hon. Minister of Transport and Infrastructural Development. I am happy with the issue brought by the Hon. Minister regarding the development in Zimbabwe which is something that I feel touched me when looking at the current prevailing economic situation in the country. As Zimbabweans, we should desire development. I believe that every leader desires to represent people who are progressive and who have decent lives. So we will be blessed by God if all of us from different political parties desire to develop the nation so that people have sustainable livelihoods.
The agreement that was brought to this august House by the Hon. Minister speaks to that. The Arab country that was mentioned is one of the rich countries the world-over. You discover that there are a lot of meetings that are happening in that country pertaining to developmental issues. As Zimbabweans, this is our opportunity to partner with such countries so that our country and economy progresses. If we continue with the arrangements of exchanging the different ideas, this will transform our lives. We will be given opportunities to meet different people and at the same time, having exchange programmes which will benefit projects in our country. So because of that, I believe that this agreement should be supported. It must be signed and implemented so that it bears fruit and that Zimbabwe will be seen to be developing, at the same time improving the people’s livelihoods. I support the Hon. Minister and this should be done forthwith. I thank you.
+HON. SEN. MKHWEBU: Thank you Mr. President for affording me this opportunity to also add my voice to what the Minister of Transport and Infrastructural Development has said. The Minister has brought something that we were looking forward to as a country, that earoplanes when flying within the country or if they are communicating with other countries, they should communicate and that there should be good relations with other countries. We support the Minister. Since this has been brought before this Senate, we agree that this is something that will develop our country. This is a development insofar as planes are concerned and we are also going to benefit from the good relations.
We would like to thank the Hon. Minister and we would like to say we are behind you. Thank you
Motion put and agreed to.
MOTION
BUSINESS OF THE HOUSE
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): Thank you Mr. President. I move that Order of the Day Number 2 be stood over until the other Orders of the Day have been disposed of. I thank you Mr. President.
Motion put and agreed to.
MOTION
PRESIDENTIAL SPEECH: DEBATE ON ADDRESS
Third Order read: Adjourned debate on motion in reply to the Presidential Speech.
Question again proposed.
THE MINISTER OF TRANSPORT AND INFRASTRUCTURAL DEVELOPMENT (HON. MHONA): I move that the debate do now adjourn.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
MOTION
CONDOLENCES ON THE DEATH OF HON. SEN. SIMON KHAYA MOYO
Fourth Order read: Adjourned debate on motion on the untimely passing on of the late Senator for Matebeleland South, Hon. Sen. Simon Khaya Moyo.
Question again proposed.
HON. SEN. SEKERAMAYI: Mr. President Sir and all the Hon. Senators who are present here; I stand to make some few remarks about our late Comrade, S. K. Moyo. Mr. President, on the 1st of October, 1945, the Almighty God gave Zimbabwe a baby boy who came to be called Simon Khaya Moyo. This baby boy grew up like most of his generation and attended school at Fletcher High School in 1965 and worked as a Research Assistant at Mpilo Hospital from 1966 to 1967. At that time, it became very clear to young boys and girls and some of our parents that the whites who were in charge of Government in this country were not going to hand over power to the black people, the owners of the country.
It became obvious that we had to resort to an armed struggle to liberate Zimbabwe and the late S. K. Moyo left the country in 1968 via Botswana on his way to Zambia. In Zambia, there was already the leadership of ZAPU and Cde. S. K. Moyo was very well received as one of the young cadres. When he was in Zambia, he also had a stint at the University of Zambia in 1969, where he graduated with a diploma in Social Sciences. He also studied outside Zambia, in Uganda at Makerere University.
In 1975, he returned to Zambia to join the other Comrades in the liberation struggle. He was a special assistant to our late Vice President, Hon. Joshua Mqabuko Nkomo. Discussions about the future of the country started and there was a conference in Geneva in 1976 to which Cde. S. K. Moyo attended. In 1978, he went to the Germany Democratic Republic for a military intelligence course. When he returned back to Zambia, he became a member of the Revolutionary Council and Central Committee. We know that he also attended the Lancaster House Conference.
Mr. President, after independence, Cde. S. K. Moyo was appointed Assistant Secretary in the Ministry of Home Affairs. The same year in 1980, he was promoted to Under-Secretary in the Ministry of Justice and later the Ministry of Health where he got promoted to the post of the Deputy Permanent Secretary. I just want to say to Hon. Senators, I also had, when I was the Minister of Health, the opportunity and privilege to work with him when he was an Under-Secretary. Cde. Moyo, like most of his generation that went for the armed struggle, was at independence, awarded the Liberation Decoration medals.
In 1989, he became a member of the ZANU PF Central Committee and in March, 1990, he was elected to Parliament. In 1992 to 1994, he became the Deputy Minister of Industry and Commerce. In 1995, he was appointed Minister of Transport and Energy and in 1997, he was appointed the Minister of Mines, Environment and Tourism.
Mr. President, in January, 2001, he was appointed High Commissioner to South Africa, Lesotho and Mauritius where he was appointed as Ambassador potentially. In 2009, he was appointed the National Chairman of ZANU PF and in 2014, at the ZANU PF National People’s Congress; he was appointed Secretary for Information and Publicity. Most of us who followed him admired his capacity to work for the party and the Government. In 2017, Cde. Moyo was appointed the Minister of Information, Media and Broadcasting Services. It was always a pleasure and many of us will miss listening to the late Cde, S. K. Moyo when he was on television or being interviewed for various things.
Yes, God gave us S. K. Moyo on the 1st of October, 1945 and God took him away from us on the 14th of November 2021. Mr. President, I just want to say, we have comrades like the late Cde. Moyo who dedicated his whole life for the development of Zimbabwe. It is necessary for us here in the Senate and in Parliament to vigorously pursue the developmental effort that he was doing. Nobody will come and develop Zimbabwe for us; it is us who must develop this country. We should be able to look back and say, well, this is where S. K. Moyo left and this is where we continued from and be proud of our achievements. Mr. President, I just wanted to say, with these few words, those of us who are still in the Senate, it is incumbent upon us to work as diligently as we can so that, that which he stood for is not betrayed but fulfilled. Thank you Mr. President.
+HON. A. SEN. DUBE: Thank you Mr. President for affording me this opportunity to add a few words about our late hero Hon. Sen. Simon Khaya Moyo who died on the 14th November 2021, when we felt this dark cloud. The last Hon. Senator has spoken about what Hon. Sen. Moyo stood for. He put his life on the block for us. He went to fight for the liberation of this country and for us Africans so that we can now send our children to former white schools. Now we have become senators, which is something that never used to happen. We have to remember Hon. Sen. Khaya Moyo.
We heard that in 1968, he went to the University of Zambia after they realised that he was intelligent and he wanted to advance in life. After that, he went to Makerere University in Uganda. He also went to several universities because he was intelligent. Khaya Moyo was someone who would not just get angry with anyone. We know that each time we used to come to the Senate, we would find him seated where his other colleagues are seated and he would want to greet and talk to everyone and find out what would be happening to everyone. He loved people. I treated him as a brother since the 1980s. He was someone who was always jovial. He used to exclaim a lot. He used to say aah! How are you my sister? That is how he used to talk. We miss him a lot.
He also worked closely with the late Vice President Joshua Nkomo. He used to trust him and I am sure he learnt a lot from him. He was someone who wanted to bring people together. He also worked in several Government departments and led several ministries. Mr. President, in 1987 when there was discord or conflict amongst people who had fought for the same thing, he worked very hard for the success of the Unity Accord. Our oppressors were now dividing us. He was given the great task within the Task Force to unite people so that there was unity amongst people. That is one of the biggest achievements that he did.
It is always said ‘whatever one does will always follow him/her’. He used to be a member of the Politburo. We could see that he was not well but he would just force himself to come because he had agreed that he would work for this country until he dies. He was working for this country. There is never a day when he decided to retire but he continued and soldiered on. We saw that he was suffering but all the time, he would come to the Senate and participate in all the events of the nation. He would always speak about unity and that people should work for their achievements.
There was a song he used to sing and it goes like; “Simon kaJonah uyangithandana?” Which means Simon, do you love me? He knew that he loved people. Each time he sang that song, you could tell that he knew where he was going and he knew where he wanted to take the people to.
Mr. President, Hon. Sen. Khaya Moyo died on the 14th November, 2021 and was accorded the honour of a hero. As senators, we respect what he did.
The Senator who spoke before me narrated what Hon. Sen. Moyo did from 1968 when he went to war until 14 November, 2021, he never rested. He was always working for the development of Zimbabwe. He also wanted to see Zimbabweans working together.
I do not have much to say. Hon. Sen. Ambassador S. K. Moyo taught us a lot. We used to have some good time with him and we learnt a lot from him. We learnt how to behave. We learnt ubuntu from him and learnt respect through him. May the soul of our great hero rest in peace. He was my brother, he has done his part and may his soul rest in peace. Thank you.
HON. SEN. MATHUTHU: I move that the debate do now adjourn.
HON. SEN. KAMBIZI: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
MOTION
CURBING GENDER BASED VIOLENCE AMONG COMMUNITIES
Fifth Order read: Adjourned debate on motion on the increase of gender-based violence since the outbreak of COVID 19.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. CHIRONGOMA: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
MOTION
CONSTRUCTION, UPGRADING AND REHABILITATION OF THE ROAD NETWORK IN THE COUNTRY
Sixth Order read: Adjourned debate on motion on the importance of a sound road network.
Question again proposed.
HON. SEN. MUZENDA: I move that the debate do now adjourn.
HON. SEN. A. DUBE: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
MOTION
ENACTMENT OF LAWS THAT CULMINATE IN DETERRENT SENTENCES BEING METED OUT TO CULPRITS FOUND COMMITTING CRIMES THAT DAMAGE THE ENVIRONMENT
Seventh Order read: Adjourned debate on motion on grave and rapid environmental damage.
Question again proposed.
HON. SEN. CHIRONGOMA: I move that the debate do now adjourn.
HON. SEN. MKWEBU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
MOTION
ENACTMENT OF LEGISLATION THAT UPHOLDS THE RIGHTS AND WELFARE OF CHILDREN ACCOMPANYING INCARCERATED MOTHERS IN PRISON
Question again proposed
Eight Order read: Adjourned debate on motion on Challenges faced by Children with incarcerated mothers.
+HON. SEN. A. DUBE: Thank you Mr. President for giving me this time to debate on this motion raised by Hon. Sen. Chirongoma and seconded by....
THE ACTING PRESIDENT OF SENATE: I am being advised that you have debated on this motion. Is that correct?
+HON. SEN. A. DUBE: I had forgotten.
THE ACTING PRESIDENT OF SENATE: It is recorded here that you have debated before but thank you for your enthusiasm and energy to be back on the floor.
HON. SEN. CHIRONGOMA: I move that the debate do now adjourn.
HON. SEN. MATHUTHU: I second.
Motion put and agreed to.
Debate to resume: Wednesday, 9th March, 2022.
ANNOUNCEMENT BY THE ACTING PRESIDENT OF SENATE
BILL RECEIVED FROM THE NATIONAL ASSEMBLY
THE ACTING PRESIDENT OF SENATE: I have received the Guardianship of Minors Amendment Bill, [H. B. 7, 2021] from the National Assembly.
On the motion of HON. SEN. MUZENDA, seconded by HON. SEN. MATHUTHU the House adjourned at Twenty-Nine Minutes past Three o’clock p.m.