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SENATE VOTES 03 NOVEMBER 2021 NO 6

ADVANCE COPY‑UNCORRECTED

 

 

No. 6

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF THE SENATE

 

_________________                              

 

FOURTH SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 3RD NOVEMBER, 2021

_________________

 

Half past Two o’clock.

President of the Senate in the Chair.

 

Prayers.

 

Members Present

 

Baipai E

Charumbira Chief F

Chifamba J

Chikwaka Chief

Chimbudzi A

Chinake V

Chirongoma J M

Chisorochengwe T

Chitanga Chief

Chundu Chief

Denga P

Dube A

Dube M R

Femai M

Gweshe K

Hungwe J D

Hungwe S O

Kambizi E

Khumalo M N

Khupe W

Komichi M

Mabika D

Makone T M

Makumbe Chief

Maluleke O M

Mapungwana Chief

Masendu Chief

Mathupula Chief

Mathuthu T

Matiirira A

Matsiwo Chief

Mavetera T

Mavhunga M

Mbohwa M

Mkwebu A

Moeketsi V

Mohadi T B

Moyo G

Moyo S K

Moyo T

Mpofu B

Mpofu S

Mudzuri E

Mupfumira P

Muronzi M

Muzenda V T

Mtshane L K Chief

Ndlovu C

Ndlovu D M

Ndlovu M

Ndlovu P

Nechombo Chief

Nembire Chief

Nhema Chief

Nyangazonke Chief

Nyathi R

Phugeni K

Rwambiwa E

Sekeremayi S T

Shumba C

Siansali Chief

Tongogara A K

Tsomondo B

 

 

In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the Senate

 

 

 

Absent with leave

Hon. Sen. Gen (Rtd) M. R. Nyambuya   Hon. Sen. Malinga J. T

 

 

  1. Hon. Sen. Muzenda, seconded by Hon. Sen. Chimbudzi, moved: That Orders of the Day Nos. 1 and 2 for today, stand over, until Order of the Day No. 3 and Notices of Motions Nos. 4 to 7 have been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 2nd November, 2021- Minister of Justice, Legal and Parliamentary Affairs)

 

[Days elapsed: 4]

     

 

Question again proposed:   That a respectful address be presented to the President of

Zimbabwe as follows: –

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have

been pleased to address to Parliament – Hon. Sen Kambizi

 

 

On the motion of Hon. Sen. Kambizi, seconded by Hon. Sen. Mabika: Debate

adjourned until tomorrow.

 

 

  1. Hon. Sen. Khupe, seconded by Hon. Sen. Muzenda, moved: That this House expresses its profound sorrow on the untimely death on Tuesday, 10th August 2021, of the late Honourable Senator Rejoice Timire who was representing Persons with disabilities, places on record its appreciation for the services which the late Hon. Senator rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Timire family, relatives and the entire nation.

 

On the motion of Hon. Sen. Khupe, seconded by Hon. Sen. Mohadi: Debate

adjourned until tomorrow.

 

  1. Hon. Sen. Chirongoma, seconded by Hon. Sen. Tongogara, moved:

 

That this House-

 

COGNIZANT that Chapter 4 of the Constitution of Zimbabwe Amendment (No. 20) provides for inalienable fundamental human rights and freedom;

EMPHATICALLY NOTING that the state and every person, including juristic persons and every institution and agency of its government at every level have an obligation to respect, protect, promote and fulfil the rights and freedom as provided in the constitution;

DISTURBED by the challenges faced by the forgotten Victims in prisons, namely children accompanying their incarcerated mothers who unavoidably find themselves serving time alongside their parents in violation of their rights and freedom;

NOTING with disdain that the criminal conviction of a mother should not in any way diminish the rights and undermine the freedom of children;

FURTHER NOTING that the children accompanying their incarcerated mothers in Zimbabwe, end up suffering more than the offenders as they are exposed to poor, unhealthy and overcrowded prison conditions which are detrimental to the development of the children.

Now therefore;

  1. Calls upon the State to enact legislation that upholds the rights and welfare of children accompanying their incarcerated mothers in various prisons throughout the country
  2. Implores the Government to adopt child focused programming in budgeting and policy planning and to come up with alternative sentences to female offenders who may be having infants at the time of their incarceration
  3. Urges the Executive to come up with policies that are in the best interest of the children that accompany their incarcerated mothers and these should not infringe upon their fundamental rights and freedom as provided in the constitution
  4. Calls upon the Ministry of Justice to align the Prisons Act with the Constitution and international best practices on incarceration of female prisons.

 

On the motion of Hon. Sen. Chirongoma, seconded by Hon. Sen. Tongogara : Debate

adjourned until tomorrow.

 

 

  1. On the motion of Hon. Sen. Muzenda, seconded by Hon. Sen.  Mathuthu: The

Senate adjourned at twenty – two minutes to five o’clock pm.

 

 

 

 

HON. M.M. CHINOMONA,

                     President of the Senate.

 

 

 

 

                                THURSDAY, 4TH NOVEMBER, 2021

 

 

 QUESTIONS FOR ORAL ANSWERS

 

  • QUESTIONS WITHOUT NOTICE

 

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

 

  1. hon. Sen. mohadi

hon. Sen. muzenda

 

That this House takes note of the Report of the 49th Plenary Assembly Session of the

SADC - Parliamentary Forum held virtually from 25 to 27 June 2021.

 

  1. Hon. Sen. Mabika

Hon. Sen. Kambizi

 

That this House-

 

COGNIZANT that a sound road network is the nerve centre of economic development;

NOTING with concern that the Chipinge Mt Selinda road right up to Espungabeira Border Post has not been attended to, resulting in its current state of disrepair;

ANTICIPATING the huge benefits that can be accrued to the country if this road and other similar roads country wide could be given a facelift;

ALSO NOTING that the Border post at Mt Selinda has the potential of being developed as an investment centre and the shortest route to the port of Beira from Zimbabwe thereby enhancing the ease of doing business in the country;

Now, therefore this HOUSE,

  1. Calls upon the Ministry of Finance and Economic Development to avail through the Ministry of Transport and Infrastructural Development adequate funding for the construction, upgrading and rehabilitation of the road network in the country
  2. Applauds the Second Republic for the commendable efforts taken to fulfil the aspirations of the people by embarking on tangible developmental programmes that have become the order of the day country wide.

 

  1. Hon. Sen. Chirongoma

Hon. Sen. Tongogara

 

That this House-

 

CONCERNED with the grave and rapid environmental damage arising from high levels of pollution, wanton destruction of forests due to uncontrolled veld fires, desertification, siltation of water bodies including the mighty Zambezi River, its tributaries and Lake Kariba;

 

ALSO CONCERNED that the unabated damage to the environment has far reaching consequences and ramifications to the economic development of the country, particularly as it affects livestock, game, flora and fauna and crops in general;

 

MINDFUL that the country`s waterbodies are the backbone of our economic development and need to be jealously guarded and preserved at all times in order to create a legacy for generations to come;

 

NOW, THEREFORE, in view of the foregoing, resolves that Parliament;

 

  • Enacts laws that culminate in deterrent sentences being meted out to all culprits found committing crimes that damage the environment;
  • Calls upon the Executive to liaise with neighbouring countries on issues that relate to the preservation of water bodies such as the Zambezi and Limpopo Rivers so that practical measures are put in place to avert environmental disasters arising from pollution and siltation which in most cases are caused by human beings;
  • Urges the parent Ministry to embark on a massive educational campaign countrywide, on the need to preserve the country`s gift of nature, the environment and its natural resources.

 

 

  1. Adjourned debate on motion on the untimely death of Honourable Senator Rejoice Timire – (Adjourned 3rd November 2021- Hon. Sen. Khupe)

 

[Day elapsed: 1]

 

Question proposed: That this House expresses its profound sorrow on the untimely death on Tuesday, 10th August 2021, of the late Honourable Senator Rejoice Timire who was representing Persons with disabilities, places on record its appreciation for the service which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Timire family, relatives and the entire nation – Hon. Sen. Khupe

 

  1. Adjourned debate on motion on children of incarcerated mothers – (Adjourned 3rd November 2021- Hon. Sen. Chirongoma)

 

[Day elapsed: 1]

 

That this House;

 

COGNIZANT that Chapter 4 of the Constitution of Zimbabwe Amendment (No. 20) provides for inalienable fundamental human rights and freedom;

EMPHATICALLY NOTING that the state and every person, including juristic persons and every institution and agency of its government at every level have an obligation to respect, protect, promote and fulfil the rights and freedom as provided in the constitution;

DISTURBED by the challenges faced by the forgotten Victims in prisons, namely children accompanying their incarcerated mothers who unavoidably find themselves serving time alongside their parents in violation of their rights and freedom;

NOTING with disdain that the criminal conviction of a mother should not in any way diminish the rights and undermine the freedom of children;

FURTHER NOTING that the children accompanying their incarcerated mothers in Zimbabwe, end up suffering more than the offenders as they are exposed to poor, unhealthy and overcrowded prison conditions which are detrimental to the development of the children.

Now, therefore;

  1. Calls upon the State to enact legislation that upholds the rights and welfare of children accompanying their incarcerated mothers in various prisons throughout the country
  2. Implores the Government to adopt child focused programming in budgeting and policy planning and to come up with alternative sentences to female offenders who may be having infants at the time of their incarceration
  3. Urges the Executive to come up with policies that are in the best interest of the children that accompany their incarcerated mothers and these should not infringe upon their fundamental rights and freedom as provided in the constitution
  • Calls upon the Ministry of Justice to align the Prisons Act with the Constitution and international best practices on incarceration of female prisons – Sen. Chirongoma

 

 

 

  1. Committee:  To resume on the Marriages Bill (H. B.7A, 2019)The Minister of Justice, Legal and Parliamentary Affairs (Progress reported 15th September 2021-            The Minister of Justice Legal and Parliamentary Affairs).

 

(Clauses 16 under consideration)

 

(See Notice of Amendments)

 

  1. Second Reading: Pension and Provident Funds Bill (H. B. 17A, 2019) - The Minister of Finance and Economic Development.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 3rd November, 2021- Hon. Sen. Kambizi)

 

[Days elapsed: 5]

     

 

Question proposed:   That a respectful address be presented to the President of

Zimbabwe as follows: –

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have

been pleased to address to Parliament – Hon. Sen Kambizi

_____________________________________________________________________ 

 

 

NOTICE OF AMENDMENTS

 

Marriages Bill, 2019 (H.B. 7, 2019)

amendment of clause 16 (solEMnisation of customary law marriAges)

By the Minister of Justice, Legal and Parliamentary Affairs

On page 8 of the Bill, delete sub-clause (5) on lines 30 and 31 and substitute the following subclasses:

“(5)  A marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity of the parties to the proposed marriage, to the agreements relating to marriage consideration (lobola or roora), if any, and to the existence of impediments to the marriage.”

New clause substituted for clause 17

 

By the Minister of Justice, Legal and Parliamentary Affairs

Delete Clause 17 on page 8 of the Bill and substitute the following clause:¾

17       Unregistered customary law unions

(1)  In the interests of the mutual international recognition of marriages, and to enable Zimbabwe to comply with Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962, of the United Nations, a marriage contracted solely according to customary law and not solemnised in terms of this Act must be solemnised and registered under this section by the parties to such marriage within five years of the date the union was entered into or as soon thereafter as is possible.

(2)  Subject to subsection (3), a marriage officer in a customary law marriage to which this section applies may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity and ages of the parties to the proposed marriage, and (but this factor in itself shall not constitute an impediment to the marriage) to the agreements relating to the payment of marriage consideration (lobola or roora), if any.

(3)  No marriage officer shall solemnise and register a marriage under this section unless the parties to the proposed marriage produce to the marriage officer¾

(a) an affidavit jointly sworn to by them to the effect that they have been living together as man and wife for at least five years or more, and that they are not related to each other within any prohibited degree of kinship that is recognised by their community as an impediment to marriage between them;  and

(b)  affidavits by two witnesses (of whom one witness must be a relative of the bridegroom and the other a relative of the bride) corroborating the fact that the proposed marriage partners have been living together as man and wife for five years or more and that they are not related to each other within the degree of kinship referred to in paragraph (a)

(4)  The period of five years referred to in this section shall not include any period during which either of the parties was below the age of eighteen years at the time that they purportedly began to live together as man and wife.

(5)  Failure to register a marriage contracted at customary law does not affect the validity of the marriage at customary law with respect to the status, guardianship, custody and the rights of succession of the children of such marriage.”

amendment of clause 42 (civil partnerships)

By the Minister of Justice, Legal and Parliamentary Affairs

On page 15 of the Bill, delete sub-clause (6) on lines 30 and 31 and substitute the following sub clause:

“(6)  Where one of the parties in a civil partnership is legally married to someone else (hereinafter called the spouse), a court applying sections 7 to 11 of the Matrimonial Causes Act to the division, apportionment or distribution of the assets of the civil partnership shall pay due regard to the rights and interests of the spouse of the civil partner and ensure that its order shall not extend to any assets which are proved, to the satisfaction of the court, to be properly belonging (whether jointly or individually) to the aforesaid spouse of the civil partner”.

 

 

 

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