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SENATE VOTES 06 April 2016 39

    ADVANCE COPY-UNCORRECTED

No. 39

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE SENATE

_________________

 

THIRD SESSION – EIGHTH PARLIAMENT

_________________

 

WEDNESDAY, 6TH APRIL, 2016

_________________

Half past two o’clock pm. Acting President of the Senate in the Chair.

PRAYERS.

Bhebe M,

Carter M.N,

Chabuka K,

Charumbira Chief,

Chifamba J,

Chimanikire A, Chimbudzi A,

Chimhini D. A,

Chipanga T.S,

Chisunga Chief,

Chitanga Chief,

Gampu Chief IV,

Gwenzi Chief,

Juba A,

Komichi M,

Machingaifa T,

Makone T,

Makwarimba C,

Manyeruke J,

Marava M,

Marozva Chief,

Mashavakure N,

Masuku A,

Mawire J,

Mkwebu A,

Mlotshwa S,

Mohadi T.B,

Mtshane Chief,

Mutsvangwa M,

Muronzi M,

Musaka M.B,

Ndlovu J,

Nebiri Chief,

Ngungumbane Chief,

Ntabeni Chief,

Rtd. Gen. Nyambuya M.R

Nyangazonke Chief,

Nyathi R,

Siansali Chief,

Sibanda A,

Sibanda B,

Sinampande H,

Tawengwa C.Z,

 

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

Hon. Min. S. Mandiwanzira

Printed by Order of the Senate

 

Absent with Leave

 

Hon. Sen. Chizema C, Hon. Sen. Mutsvangwa M, Hon. Sen. Ncube S., Hon. Sen. Nyamukoho, Hon. Sen. Timveos.

1. Sen. Chief Charumbira, seconded by Hon. Sen. Tawengwa moved: That Order of the Day No. 1 for today stands over, until Order of the Day No. 8 has been disposed of.

Motion put and agreed to.

2. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 5th April,

2016— Hon. Sen. Tawengwa)

[Time elapsed: 3 hours 39 minutes]

 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. Tawengwa.

 On the motion of Hon. Sen. Tawengwa, seconded by Hon. Sen. Marava: Debate adjourned until tomorrow.

3. Adjourned debate on motion on the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) (Adjourned 5th April, 2016 –

Sen. Chief Siansali))

[Days elapsed: 8]

            Question again proposed: That this House takes note of the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) held in Geneva, Switzerland, from 17-23 October, 2015.- Hon Sen Chief Siansali

 On the motion of Hon. Sen. Chief Siansali, seconded by Hon. Sen. Marava: Debate adjourned until tomorrow.

4. Adjourned debate on motion calling for rehabilitation and maintenance of War Shrines

(Adjourned 5th, April 2016 – Hon. Sen. Mohadi) 

                                                                                                                        [Days elapsed:  9]

            Question again proposed: That this House—

NOTING with pride the immense sacrifice, courage and commitment made by the freedom fighters in their quest to liberate Zimbabwe;

ACKNOWLEDGING that the liberation of our country came at a heavy cost and needs to be selflessly and jealously guarded;

DISTURBED by the utter neglect and dilapidation and continued deterioration of War Shrines in neighbouring countries despite the fact that Government identified and made efforts to rehabilitate war shrines in Nyadzonia, Tembwe, Doroie; Chibawawa and

Nyango in Mozambique as well as Freedom Camp, Nyampundiwe, Mulungushi, Mkushi and Kavalamaya in Zambia

CONCERNED that rehabilitation works have not been undertaken at Kabanga, Sinde, Solwezi in Zambia and other sites in Tanzania and Botswana.

FUTHER CONCERNED that to this day the bullet riddled home of His Excellency, the President and the home of the late Joshua Nkomo our founding Fathers have not been declared National Heritage Sites

Now, Therefore, this House calls upon Government to address the rehabilitation of our war shrines and to give due recognition to our departed brave sons and daughters of our liberation struggle. – Hon. Sen. Mohadi

 

 On the motion of Hon. Sen. Chief Charumbira, seconded by Hon. Sen. Tawengwa: Debate adjourned until tomorrow.

 

5. Adjourned debate on motion to congratulate His Excellency, the President Cde. R.G. Mugabe and the Government of Zimbabwe on successfully leading the African Union (AU) and Southern African Development Community (SADC) as Chairperson.

(Adjourned 5th^, April, 2016 – Hon. Sen. Tawengwa)                                                         

 

[Days elapsed: 9]   Question again proposed: That this House—

CONGRATULATES His Excellency the President, Cde. Robert Gabriel Mugabe and the Government of the Republic of Zimbabwe for successfully leading the African Union as its Chairperson;

WARMLY APPRECIATES his distinguished leadership qualities during his tenure in Office, an achievement that has earned the Nation pride;

NOW THEREFORE, resolves that this House conveys its gratitude and sentiments to His Excellency and the Nation as a whole and wishes our President many more years of good leadership and wise counsel.- Hon. Sen. Chief Musarurwa

 

 On the motion of Hon. Sen. Chief Charumbira, seconded by Hon. Sen. Tawengwa: Debate adjourned until tomorrow.

6. Adjourned debate on motion on the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum (Adjourned 5th April, 2016— Sen Mohadi)

[Days elapsed: 9]

Question again proposed: That this House takes note of the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum, Sea Side Hotel and SPA, Swakopmund, Namibia, 17 to 25 November 2015. – Hon. Sen. Mohadi

 On the motion of Hon. Sen. Chief Charumbira, seconded by Hon. Sen. Tawengwa: Debate adjourned until tomorrow.

7. Adjourned debate on motion on the role of traditional leaders (Adjourned 5th  April, 2016- Sen. Mawire)

[Days elapsed: 9]        Question again proposed: That this House-

ACKNOWLEDGING that Traditional Leaders play a pivotal role and yet they are not given the due respect that they deserve, a situation that has .led to many illegal activities perpetrated in their areas of jurisdiction;

CONCERNED that such disrespect for our Traditional Leaders has led to unwanted developments such as moral decadence, environmental degradation and child marriages;

NOW THEREFORE calls upon this Government to revisit policies that give Traditional Leaders their mandate so that they can effectively deal with issues of moral decadence, environmental pollution and degradation, children’s rights among communal communities as well as other incidental issues that they may fall under the purview of the Traditional Chiefs’ Mandate-Hon. Sen Mawire.

 On the motion of Hon. Sen. Tawengwa, seconded by Hon. Sen. Marava: Debate adjourned until tomorrow.

8. Adjourned debate on motion on the Report of the Parliament of Zimbabwe Delegation to the 7th World Water Conference (Adjourned 5th April, 2016— Sen. Mlotshwa).

[Days elapsed: 16]

Question again proposed: That this House takes note of the Report of the Parliament of Zimbabwe Delegation to the 7th World Water Conference held in Gyeongju, Republic of Korea from the 13th to 16th April 2015- Hon. Sen. Mlotshwa.

 Motion put and agreed to.

9. On the motion of Hon. Sen. Masuku, seconded by Hon. Sen Mlotshwa: The Senate adjourned at twenty five minutes past three o’clock pm.

                                                                                       C.C.C CHIMUTENGWENDE

                                                                                                Acting President of the Senate.

 

THURSDAY, 7TH APRIL, 2016

 

QUESTIONS FOR ORAL ANSWER.

 

t QUESTIONS WITHOUT NOTICE.

 

              *    QUESTIONS WITH NOTICE.

*1 HON. SEN. MAVHUNGA:  To ask the Minister of Primary and Secondary Education whether there are plans to improve adult education in Zimbabwe.

[Deferred from 3rd March, 2016]

 

*2.	HON. SEN. MAVHUNGA:  To ask the Minister of Environment Water and Climate to explain whether there are any measures the Ministry is instituting to protect human beings from being attacked by crocodiles in Mazowe River. [Deferred from 17th March, 2016]
*3.	HON. SEN. CARTER:  To ask the Minster of Lands and Rural Resettlement to provide figures of the number of hectares that are occupied by A1, A2 farmers and title deeds holders of the land previously owned by commercial farmers. [Deferred from 17th March, 2016]
*4.	HON. SEN. CARTER:  To ask the Minster of Lands and Rural Resettlement to confirm whether the land reform process has been completed so that farmers can confidently concentrate on agricultural production. [Deferred from 17th March, 2016]
*5	HON. SEN. MOHADI:  To ask the Minister of Lands and Rural Resettlement to give further explanation on how the 3 tier system works, and how the rental payments are made as many people share the grazing land
*6.	HON. SEN. MOHADI: To ask the Minister of Lands and Rural Resettlement to state the policy in place regarding farmers who have title deeds but are not utilizing their land.
*7.	HON. SEN. MUSAKA:  To ask the Minister of Rural Development and Preservation of Cultural Heritage to state the measures the Ministry is taking to address the problem of squatters in resettlement areas of Mhondoro – Ngezi and Sanyati Districts in view of the fact that the problem is now causing conflicts, environmental degradation and stifling economic development. [Deferred from 17th March, 2016]
*8.	HON. SEN. MUSAKA:  To ask the Minster of Rural Development and Preservation of Cultural Heritage to state the measures in place to urgently address settlement of disputes in accordance with traditional customs and culture. [Deferred from 17th March, 2016]
*9.	HON. SEN. CHIMHINI:  To ask the Minister of Rural Development and Preservation of Culture and Heritage to: (a)               Clarify the correct position regarding allocation of residential stands by village head Zin’anga under Chief Seke since Manyame Rural District Council is claiming penalties of $1,000.00 per household for illegal settlement, despite the fact that they were allocated the stands by a substantive village head. (b)               To explain the import of Section 282 (d) of the Zimbabwe Constitution which refers to the functions of Traditional Leaders vis – a – vis Section 276 of the same Constitution which refers to the functions of Local Authorities. [Deferred from 17th March, 2016]
*10.	HON. SEN. CHIMHINI:  To ask the Minister of Health and Child Care to explain the measures the Ministry has in place to ensure that every person who is on ART can have

their viral load tested at no cost to the person living with HIV as a way of achieving the 90 – 90 – 90 by 2030.

*11.	HON. SEN. CHIMHINI:  To ask the Minister of Transport and Infrastructural Development to explain the concrete steps the Ministry has put in place to rehabilitate urban roads which are in a sorry state given that the role of collection of vehicle licensing has been taken away from Local Authorities and has been given to the Ministry of Transport and Infrastructural Development through ZINARA and no meaningful allocations are transferred to Local Authorities for Road Maintenance.
*12.	HON. SEN. SIBANDA B:  To ask the Minister of Transport and Infrastructural Development to state whether the Ministry is aware that driver’s licenses are now corruptly issued at Vehicle Inspection Department (VID) Test Centres, at specific prices, and not on the basis of  driving competence of applicants and what the Ministry’s plans are to stop this.
*13.	HON. SEN. MOHADI:  To ask the Minister of Transport and Infrastructural Development to clarify the difference   between state, District Development Fund and Council roads and how these roads are maintained.
*14.	HON. SEN. CHIMHINI:  To ask the Minister of Finance and Economic Development to explain the payment plan the Ministry has to clear its debts for services rendered by local Authorities to Government Ministries to enable them to improve service delivery and pay staff salaries.
*15.	HON. SEN. CHIMHINI:  To ask the Minister of Finance and Economic Development to state; (a) How many jobs have been created since 2013, towards the target of 2 million jobs. (b)  Which sectors have performed well in the creation of the said jobs.
*16.	HON. SEN. SIBANDA B.:  To ask the Minister of Home Affairs to explain at what point and under what circumstances a missing person is declared dead or presumed dead and the process of issuance of death certificate.
*17.	HON. SEN. MOHADI:  To ask the Minister of Media Information and Broadcasting Services to state  the measures the Ministry has in place to improve radio  and television signal in remote areas situated at the borders with South Africa, Botswana and Mozambique.

ORDERS OF THE DAY AND NOTICE OF MOTION

 

1. Adjourned debate on motion on the Zimbabwe Delegation Report on the 133rd Assembly of the Inter-Parliamentary Union (IPU) (Adjourned 5th April, 2016 –

Sen. Chief Siansali))

[Days elapsed: 9]

            Question proposed: That this House takes note of the Zimbabwe Delegation Report on

                     the 133rd Assembly of the Inter-Parliamentary Union (IPU) held in Geneva,

Switzerland, from 17-23 October, 2015.- Hon Sen Chief Siansali

2. Adjourned debate on motion calling for rehabilitation and maintenance of War Shrines

(Adjourned 6th, April 2016 – Hon. Sen. Charumbira) 

                                                                                                                        [Days elapsed:  10]

            Question proposed: That this House—

NOTING with pride the immense sacrifice, courage and commitment made by the freedom fighters in their quest to liberate Zimbabwe;

ACKNOWLEDGING that the liberation of our country came at a heavy cost and needs to be selflessly and jealously guarded;

DISTURBED by the utter neglect and dilapidation and continued deterioration of War Shrines in neighbouring countries despite the fact that Government identified and made efforts to rehabilitate war shrines in Nyadzonia, Tembwe, Doroie; Chibawawa and

Nyango in Mozambique as well as Freedom Camp, Nyampundiwe, Mulungushi, Mkushi and Kavalamaya in Zambia

CONCERNED that rehabilitation works have not been undertaken at Kabanga, Sinde, Solwezi in Zambia and other sites in Tanzania and Botswana.

FUTHER CONCERNED that to this day the bullet riddled home of His Excellency, the President and the home of the late Joshua Nkomo our founding Fathers have not been declared National Heritage Sites

Now, Therefore, this House calls upon Government to address the rehabilitation of our war shrines and to give due recognition to our departed brave sons and daughters of our liberation struggle. – Hon. Sen. Mohadi

 

3. Adjourned debate on motion to congratulate His Excellency, the President Cde. R.G. Mugabe and the Government of Zimbabwe on successfully leading the African Union (AU) and Southern African Development Community (SADC) as Chairperson.

(Adjourned 6th^, April, 2016 – Hon. Sen. Chief Charumbira)                                                         

 

[Days elapsed: 10]   Question proposed: That this House—

CONGRATULATES His Excellency the President, Cde. Robert Gabriel Mugabe and the Government of the Republic of Zimbabwe for successfully leading the African Union as its Chairperson;

WARMLY APPRECIATES his distinguished leadership qualities during his tenure in Office, an achievement that has earned the Nation pride;

NOW THEREFORE, resolves that this House conveys its gratitude and sentiments to His Excellency and the Nation as a whole and wishes our President many more years of good leadership and wise counsel.- Hon. Sen. Chief Musarurwa

 

4. Adjourned debate on motion on the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum (Adjourned 6th April, 2016— Sen Chief Charumbira)

[Days elapsed: 10]

Question proposed: That this House takes note of the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum, Sea Side Hotel and SPA, Swakopmund, Namibia, 17 to 25 November 2015. – Hon. Sen. Mohadi

5. Adjourned debate on motion on the role of traditional leaders (Adjourned 6th      April, 2016- Sen. Mawire)

[Days elapsed: 10]      Question proposed: That this House-

ACKNOWLEDGING that Traditional Leaders play a pivotal role and yet they are not given the due respect that they deserve, a situation that has .led to many illegal activities perpetrated in their areas of jurisdiction;

CONCERNED that such disrespect for our Traditional Leaders has led to unwanted developments such as moral decadence, environmental degradation and child marriages;

NOW THEREFORE calls upon this Government to revisit policies that give Traditional Leaders their mandate so that they can effectively deal with issues of moral decadence, environmental pollution and degradation, children’s rights among communal communities as well as other incidental issues that they may fall under the purview of the Traditional Chiefs’ Mandate-Hon. Sen Mawire.

6. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 6th April,

2016— Hon. Sen. Chief Charumbira)

[Time elapsed: 3 hours 39 minutes]

 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. Tawengwa.

 

7. THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT

THAT WHEREAS section 327(3) of the Constitution of Zimbabwe provides that an agreement which is not an International Treaty, but has been concluded or executed by the President or under the President’s authority with one or more foreign organizations or entities and imposes fiscal obligations on Zimbabwe, does not bind Zimbabwe until it has been approved by Parliament;

AND WHEREAS, the loan agreement between the Government of Zimbabwe and the Export –Import Bank of China, relating to the Tel-One backbone Network and broadband access project being implemented by Tel-One (Private) Ltd was concluded on the 1st day of December, 2015, in Harare, Zimbabwe.

NOW THEREFORE, in terms of Section 327(3) of the Constitution, this House resolves that the aforesaid agreement be and is hereby approved.

8. CONSIDERATION: General Laws Amendment Bill (H.B. 3B, 2015) as amended—The Vice President and Minister of Justice, Legal and Parliamentary Affairs.

________________________________________________________________________

 

TUESDAY, 12TH APRIL, 2016

 

             NOTICE OF MOTION

 

           HON. SEN. NCUBE S.

      HON. SEN. SIBANDA  A.

             That this House:

COGNISANT that Parliament must defend the Constitution at all times;

ACKNOWLEDGING the current Executive had endeavored to align some of the Acts to the Constitution at a painstakingly slow pace;

DISMAYED that the current progress in the devolution of power at various levels may not see the dawn of a new day;

CONCERNED that no meaningful efforts have been embarked to ensure the constitutional requirements are met to devolve central power to the provinces particularly on local and the corporate governance issue;

ALARMED that the wishes of the general populace of Zimbabwe are short changed by such indifferent attitude by the Executive;

NOW THEREFORE, calls upon the Executive to;

• seta time limit for devolution issues to be urgently addressed for the benefit of the Nation
• Commit itself to the dictates of our Constitution and observe that it is the Supreme Law of the land.
• Set aside resources to carter for the devolution of power in the respective Provinces. ____________________________________________________________________________

 

MEETINGS OF COMMITTEES

                  

 

Thursday, 7th April, 2016

 

At 0900 hours in Committee Room 4.

 

Peace and Security: Hon. Sen.  Mumvuri D.D.E -  (Chairperson) Hon. Sen. Carter M,  Hon. Sen. Chabuka K., Hon.Sen. Charumbira Chief, Hon. Sen. Chiduku Chief, Hon. Sen. Chimbudzi A, Hon. Sen. Chipanga, Hon. Sen. Dandawa Chief, Gampu Chief, Hon. Sen. Hlalo M, Hon. Sen. Jadagu G.T, Hon. Sen. Komichi M, Hon. Sen. Machingaifa T, Hon. Sen. Makone T, Hon. Sen. Makore J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mohadi T.B, Hon. Sen. Musaka M.B, Hon. Sen. Musarurwa Chief, Hon. Ncube S., Hon. Sen. Nembire Chief, Hon. Sen. Ngungumbane Chief, Hon. Sen. Rtd Gen. Nyambuya M, Hon. Sen.

Nyamukoho Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Sibanda A, Hon. Sen. Sinampande H.M, Hon. Sen. Timveos. (Committee Clerk—Mr. A. Kunzwa)

 

At 1000 hours in the Government Caucus Room.

Indigenisation and Empowerment: Hon. Sen.   Chizema M- (Chairperson), Hon. Sen. Bhebe M,   Hon. Sen. Bhobho  H. Hon. Sen. Chimanikire A, Hon. Sen. Chief Chitanga, Hon.  Sen.

Dandawa Chief,  Hon. Sen. Goto R, Hon. Sen. Juba A, Hon. Sen. Maluleke O. M, Hon. Sen.  Marozva Chief, Hon. Sen. Mashavakure N, Hon. Sen. Matiriira A,  Hon Sen. Mavhunga M, Hon. Sen. Mlotshwa S, Hon. Sen. Ndlovu J,  Hon. Sen. Chief Nembire, Hon. Sen.  Nyamukoho Chief, Hon. Sen.  Nyangazonke Chief, Hon. Sen. Nyathi R, Hon. Sen.Tawengwa C.Z.

(Committee Clerk—Mrs. E. Mafuruse).