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SENATE HANSARD 8 SEPTEMBER 2023 VOL 33 NO 2

PARLIAMENT OF ZIMBABWE

Friday, 8th September, 2023

OFFICIAL REPORT

NEW MEMBERS SWORN

          THE CLERK OF PARLIAMENT: Whereas Section 128 of the Constitution of Zimbabwe provides that before a Member of Parliament takes his/her seat in Parliament in the form set out in the Third Schedule and whereas Section 128 (2) of the Constitution of Zimbabwe provides that the Oath referred to in Section 128 (1) must be taken before the Clerk of Parliament.  Yesterday we had Hon. Gabuza Gabbuza, Hon. Obert Mpofu and Hon. Christopher Mutsvangwa who were not sworn in.

Now therefore, I Kennedy Mugove Chokuda, Clerk of Parliament of the Republic of Zimbabwe, by virtue of the powers vested in me in terms of Section 128 (2) of the Constitution of Zimbabwe, do hereby administer the Oath of a Member of Parliament. I, therefore, call upon the Hon. Sen. Gabuza Gabbuza who is here present to subscribe to the Oath or Affirmation of Loyalty as required by Section 128 of the Constitution and Standing Order Number 2.

HON. SEN. GABUZA JOEL GABBUZA subscribed to the Oath of Loyalty as required by Law and took his seat – [HON. SENATORS: Hear, hear.] –

ELECTION OF PRESIDENT OF SENATE

          THE CLERK OF PARLIAMENT:  Section 126 (1) of the Constitution and Standing Order Number 3 require that when the Senate first meets after a General Election before it proceeds to the dispatch of any other business, it shall elect a Presiding Officer, not being a Vice President, Minister or a Deputy Minister to be known as the President of the Senate.  The President of Senate shall be elected in accordance with Standing Orders from among persons who are or have been Members of Parliament or are qualified for election as Members of the Senate. I therefore, call for nominations of candidates for the President of Senate.

HON. SEN. SHOKO: I nominate Hon. Sen. Sibanda Felix Magalela to the position of the Deputy President of the Senate.

          HON. SEN. KATUMBA: I second.

          THE CLERK OF PARLIAMENT: Any further nominations?

          HON. SEN. MUZENDA: I nominate Hon. Marble Chinomona to the position of the President of Senate.

          HON. TONGOGARA: I second.

ELECTION OF DEPUTY PRESIDENT OF SENATE

          THE CLERK OF PARLIAMENT: Section 127 of the Constitution and Standing Order Number 8, require that when the Senate first meets after a General Election, and as soon as practicable after the election of the President of Senate, it shall elect a Member of the Senate not being a Vice President, Minister or Deputy Minister to be the Deputy President of Senate.  I therefore, call for nominations of candidates for election of the Deputy President of Senate.

          HON. SEN. SIPANI-HUNGWE: I rise to nominate Hon. Sen. Nyambuya to the position of the Deputy President of Senate. 

          HON. SEN. CHIKWINYA:   I second.

          THE CLERK OF PARLIAMENT:  Are there any further nominations?

          HON. SEN. TOME:  I nominate Hon. Sen. Chakabuda Magie to the position of the Deputy President of Senate.

          HON. SEN. MATAMISA:  I second.

          THE CLERK OF PARLIAMENT: Thank you very much Hon. Senators.  We have more than one nomination for both the position of President of Senate and Deputy President of Senate. In terms of Standing Order Number 6, the election shall be conducted by secret ballot by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission.

I need to outline to you the rules that we are going to use for the elections.  Any violations of these rules will automatically disqualify a Member from voting, so you need to listen to the rules attentively.

The rules for the conduct of the election were produced in consultation with ZEC.  I urge Hon. Senators to familiarise themselves with the rules.  Voting will take place in the foyer. Printing of ballots will be done in the presence of the candidates’ designated agents.

Hon. Senators, once printing of ballot papers has been completed, bells will be rung for seven minutes to summon Members to the Chamber to prepare to vote.  Voting will be conducted for one and half hours or until every Member in the Chamber or on the line has voted.  Senators will enter the polling station in batches where they will be issued with the ballot papers after their identification has been confirmed.  Only Hon. Senators with National Identity Cards or passports will be allowed to vote. 

Hon. Senators shall then proceed to cast their votes in the ballot box.  Whilst in the ballot booths, Members shall fold their ballot papers in such a way that their votes are not exposed.  Members shall proceed to deposit their ballot papers in the ballot box and proceed to leave the polling station.  Any Member who exposes how they have voted will have their vote disqualified and the ballot paper shall not be deposited into the ballot box. 

When voting has been completed, tallying, verification and counting of ballot papers shall be done in the presence of the election agents.  On completion of counting, I shall proceed to the Senate Chamber, accompanied by the election agents.  Hon. Senators will be invited to the Senate Chamber for the announcement of the results. 

To avoid disqualification of their vote, Members are urged to strictly observe the rules which have been circulated and announced.  Members are reminded that they can only vote for one candidate of their choice by marking an X against the name of the candidate.  Where the Member puts an X against more than one candidate, such ballot papers shall be deemed spoilt. 

The candidate who receives the highest number of votes will be declared duly elected President of Senate.  I now invite the candidates and their agents to the printing of the ballot papers in the Foyer Lounge.  Commencement of voting will be announced once printing has been completed.  So, we are now proceeding to the printing of ballot papers in the presence of the candidates and their agents.  I thank you.

THE DEPUTY CLERK OF PARLIAMENT (MS. H. B. DINGANI): Hon. Senators, on the Second Floor, we are taking photos for your ID cards and whilst we are voting, you can do that process. Some can do that now. Ushers in the foyer will show you where to go. I think it is better to use the exit to my right.

THE CLERK OF PARLIAMENT: Hon. Senators, I think we are ready now and please take with you your national identity card or valid passport. Let us do it in alphabetical order. Like I indicated earlier on, please put an X in the box against the candidate that you are voting for. Kindly read the names so that you are clear that you are voting for the right candidate. You can proceed so that we finish early. Firstly, we are going to vote for the President of Senate and we will do for the Deputy President of Senate after. That is what the Constitution says. If you had said I should do it together, I can do it like that but the Constitution will take me to court. So, I will follow the Constitution, one after the other.

HON. SEN. DR. SHAVA: I suggest that you use the same list that we used yesterday so that we are less chaotic.

THE CLERK OF PARLIAMENT: Our supervisors have said if we do that, there is a possibility of me knowing who voted for what. So, it must be chaotic like you said.

THE DEPUTY CLERK OF PARLIAMENT (MS. H. B. DINGANI): May the last batch to cast their votes please proceed.

House resumed at 1635 Hours

THE CLERK OF PARLIAMENT: Good Afternoon once again Hon. Senators. I, Kennedy Mugove Chokuda, being the Presiding Officer for the election of the President of the Senate, do hereby declare that I have, in accordance to the Constitution and the regulations made there under, ascertain the results of the poll for the said position that they have been given to 1. Chinomona Mabel Memory 50 votes; 2. Sibanda Felix Magalela 25; and that I therefore, declare the said Mabel Memory Chinomona this 8th day of September, 2023 to be duly elected the President of Senate.

[Ululations]

Business resumed at 1727 p.m.

 

ELECTION OF THE DEPUTY PRESIDENT OF SENATE

 

Results of the Election of the Deputy President of the Senate     

THE CLERK OF PARLIAMENT:  Good afternoon Hon. Members.  I, Kennedy Mugove Chokuda, being the presiding officer for the election of the Deputy President of the Senate, do hereby declare that I have, in accordance with the Constitution and regulations made there under, ascertain results of the poll for the said position that they have been given to: 1) Chakabuda Maggie – 26; Nyambuya Michael Rueben – 49 -[HON. SENATORS: Hear, hear.]-   

I hereby declare the said Nyambuya Michael Rueben, this 8th day of  September, 2023, duly elected to the position of Deputy President of Senate. - [HON. SENATORS:  Hear, hear.]

I therefore invite Hon. Mabel Chinomona to take the Oath of Office and Oath of Affirmation before the Chief Justice as required by the Constitution.

While we await that, may I advise Hon. Members that in terms of Section 198 of the Constitution, as read together with Standing Order Number 50 of the Senate, all Members must register all financial interests in a book to be kept and maintained by the Clerk under the

direction of the Speaker.  Members are required to register their financial interests within 60 days of taking of the oath of office.    The 60 days will expire on the 6th of November 2023 for those sworn in yesterday and 7th of November for those sworn in today.  Members who fail to comply with this requirement will be in contempt of Parliament.

Hon. Chinomona having walked into the Senate Chamber.

[Ululations.]

          All members are to visit the Office of Counsel to Parliament in office 306, Third Floor, Parliament building to get the forms and will be assisted on how to complete them.

          We also now invite the Chief Justice to come and swear in the President of the Senate.

HON. SEN. F.M. SIBANDA: Order Mr. Chairman…

THE CLERK OF PARLIAMENT: Order Hon. Magalela Sibanda, my duty is simply to conduct an election.  I do not take any point of orders and so forth.  Your agents and everyone else were following the process and agreed to it. 

HON.  SEN. F.M. SIBANDA:  I just wanted to know if the Chief Justice is available.

THE CLERK OF PARLIAMENT: Yes, he is available.

HON.  SEN. F.M. SIBANDA:   Thank you. I was satisfied but I just wanted to know if the Chief Justice is here.

CHIEF JUSTICE LUKE MALABA:  WHEREAS Section 122 (1) of the Constitution of Zimbabwe provides that at its first sitting after a general election and before proceeding to any other business, the Senate must elect a presiding officer to be known as the President of the Senate and,

WHEREAS Section 122 (5) of the Constitution of Zimbabwe provides that before commencing his/her duties, the President of the Senate must take before the Chief Justice or the next most senior judge available, the oath of loyalty and office in the forms set out in the Third Schedule and,

WHEREAS you Mabel Memory Chinomona, having been duly elected President of the Senate in terms of Section 122 (1) of the Constitution,

NOW THEREFORE, I Luke Malaba, Chief Justice of the Republic of Zimbabwe, by virtue of the powers vested in me in terms of Section 122 (5) of the Constitution, do call upon you Mabel Memory Chinomona, to take the oaths of loyalty and office.

Hon. Mabel Memory Chinomona subscribed to the oaths of Loyalty and Office as required by law.

CHIEF JUSTICE LUKE MALABA:  WHEREAS Section 122 (1) of the Constitution of Zimbabwe provides that as soon as it is practicable after a electing the President of the Senate following a general election, the Senate must elect a Senator to be known as the Deputy President of the Senate and,

WHEREAS Section 123 (4) of the Constitution of Zimbabwe provides that before commencing his/her duties, the Deputy President of the Senate must take, before the Chief Justice or the next most senior judge available, the oath of loyalty and office in the forms set out in the Third Schedule and,

WHEREAS you Lieutenant General (Retired) Michael Rueben Nyambuya, having been duly elected as the Deputy President of the Senate in terms of Section 123 (1) of the Constitution,

NOW THEREFORE, I Luke Malaba, Chief Justice of the Republic of Zimbabwe, by virtue of the powers vested in me in terms of Section 123 (4) of the Constitution, do call upon you Lieutenant General (Retired) Michael Rueben Nyambuya, to take the oaths of loyalty and office.

Hon. Sen Lieutenant General (Retired) Michael Rueben Nyambuya subscribed to the oaths of Loyalty and Office - [HON. SENATORS: Hear, hear.]

          The Hon. President of the Senate accordingly assumed the Chair.

THE HON. PRESIDENT OF SENATE: Hon. Senators, I am deeply humbled by the honour that you have installed upon me again by reelecting me to be the President of your Senate. I would like to express my sincere gratitude to all members of this august House for continuing to have trust in my capabilities in presiding over the business of the Senate. I would like to promise that all my strengths and abilities will continue to be channeled towards efficient and effective execution of my mandate during the 10th Parliament.

As we migrate to this new Parliament Building, a world-class building, one which, in my humble view, is the most well-constructed and befitting Parliament Building in the world. Our work as legislators should significantly improve to match this magnificent building. I implore you all to hold your work in the highest regards to strive for the complete representation of the people who voted for you and with your abilities, make laws that have a real bearing on the improvement of people’s lives and the development of our legislation.

Those who were members in the 9th Parliament will agree that our working relationship is founded on a mutual respect between Presiding Officers, Senators and members of staff.  May we continue to respect each other beyond political affiliations and any other differences that may exist between us. My door is always open to all. The people have great expectations of us. They expect us to solve the problems that are part of their day to day lives.

Therefore, let us not be destructed from this duty by pettiness and triviality. Let us be committed to our work. Let us continue to uphold the Constitution and promote democratic governance in Zimbabwe. I say thank you and God Bless you all.

HON. SEN. BIMHA: Thank you Madam President. I would like to, on behalf of the Members of the Senate, heartily congratulate you on being reelected the President of this august House, and also for your acceptance of this election. I would like to also at the same time, congratulate Hon. Sen. Michael Reuben Nyambuya for also being reelected as the Deputy President of the Senate. On behalf of the Hon. Senators, I would like to say that we want to join you in serving the interest of this beloved and wonderful country Zimbabwe. Wish you the best in this new role. I thank you.

HON. SEN. DR. F. M. SIBANDA: My name is Felix Magalela Sibanda who was also contesting this crucial election in this august House. On behalf of Hon. Senators who are here present, we salute the process. – [HON. SENATORS: Hear, hear.]- If the national elections had been done this way, we will be indebted as a nation. We therefore thank the officials of Parliament for their judicious and unbiased operations of the law and interpretation of the law. We are so grateful that this should be exemplary and I, as the contender, am grateful. However, we will, together for the benefit of the proletarian, the weak, the vulnerable, the sick and those without means. Thank you very much.

THE HON. PRESIDENT OF SENATE: Thank you Hon. Sen. Dr. Sibanda. I do not think there is any further debate. I have to inform the House that in terms of Standing Order No. 12, I have to present myself and Hon. Sen. Nyambuya to His Excellency, the President and shall inform him that the choice of this House has fallen upon me to be your President of the Senate and upon Hon. Sen. Nyambuya, to be Deputy President of the Senate as well as Chairperson of the Committees. In presenting myself to the President, I shall, in your name and approval lay claim to be undoubted rights and privileges of Parliament by law and customs established which are to be enjoyed by the Parliament of Zimbabwe.

Pursuant to the requirements of the Constitution and the law, I invite my proposal and the seconder to accompany me together with as many Hon. Senators as may desire to do so, to the ceremony that will take place at the State House at a date to be announced later. The business of the day is concluded. I thank you.

Proceedings ended at Five Minutes to Six o’clock p.m.

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