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SENATE VOTES 13 NOVEMBER 2018 16

 

ADVANCE COPY- UNCORRECTED

No. 16

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

________________

 

VOTES AND PROCEEDINGS OF THE SENATE

____________

 

FIRST SESSION - NINTH PARLIAMENT

____________

                              

 

TUESDAY, 13TH NOVEMBER, 2018

 

____________________________

 

 

Half past two o’clock pm.

      

The Deputy President of the Senate in the Chair.

PRAYERS.

Chabuka K.,

Charumbira Chief,

Chidawu O.,

Chifamba J.,

Chikwaka Chief,

      Chimbudzi A.,

       Chinake V.,

     Chirongoma  J. M.,

     Chitanga Chief,

     Chundu Chief,

      Dube A.,

Dube M. R.,

Femai M.,

Gumpo, S.,

Gweshe K.,

Hungwe S. O.,

Khupe W.,

Komichi M.,

Makone T. M.,

Makumbe Chief,

Maluleke O. M.,

Mapungwana Chief,

Masendu Chief,

Mavetera T.,

Mathupula Chief,

Mathuthu T., Matiirira, A.,

Matsiwo Chief,

Matuke L.,

Mbohwa M., Mkwebu, A.,

Moeketsi V.,

Mohadi T. B.,

Mpofu B,

Mtshane Chief,

Munzverengwi A.,

Muronzi M.,

Muzenda V. T.,

Ncube S.,

Ndlovu M.,

Ndlovu P.,

Nembire Chief,

Ngezi Chief,

Ngungumbane Chief,

Nhema Chief, Ntabeni Chief

Nyambuya M. R.,

Nyangazonke Chief, Nyathi R.,

Phuthi M.,

Rambanepasi C.,

Rwambiwa E.,

Sekeramayi S. T.,

Shoko G.,

Shumba C.,

Siansali Chief,

Sinampande H.,

Timire R.,

Timveos L.,

Tongogara A. K.,

Tsomondo B., Wunganayi T., Zivira H.

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

 

  1. The President of the Senate reminded all female Honourable Senators that the inaugural meeting of the Zimbabwe Women’s Parliamentary Caucus (ZWPC) was  scheduled for Wednesday, 14th November, 2018 at 0830 hours in the Senate

            Chamber.

  1. The President of the Senate informed the Senate that the inaugural meeting of the Joint Business of the Houses Committee was scheduled for Thursday, 15th  November, 2018 at 0900 hours in the Senate Chamber.

  1. The President of the Senate also informed the Senate that all Honourable Senators interested in sporting activities were invited to a meeting on Wednesday, 14th November, 2018 at 1200 hours in the National Assembly Chamber.

  1. Reports from the Parliamentary Legal Committee NOT being adverse reports on the             following:-

Date Received

 

All Statutory Instruments published in the Gazette during the months of  June, July and September 2018.

All Statutory Instruments published in the Gazette during the month of

August 2018, save for, Statutory Instruments Nos.  Nos. 148, 149 and

163,…………………………………………………………..13th November 2018.

  1. Sen. Timveos, seconded by Hon. Sen. Shoko, moved: That this House-

 

             COGNISANT that Zimbabwe enacted the Disabled Persons Act [Chapter 17:01] in

            1992;

 ALSO COGNISANT that Zimbabwe ratified the United Nations Convention on the  Rights  of Persons with Disabilities and enacted Constitution of Zimbabwe  Amendment (No. 20)  Act in 2013;

 CONCERNED that no efforts have been made to domesticate the United Nations  Convention on the Rights of Persons with Disabilities and also to align the Disabled  Persons Act [Chapter 17:01] to the Constitution of Zimbabwe leading to a piece meal approach to disability issues;

 ALSO CONCERNED by the absence of a comprehensive National Disability Policy  in Zimbabwe, resulting in the continuous marginalisation of people with disability in  national development issues;

 NOW, THEREFORE, calls upon Government to urgently formulate a  comprehensive National Disability Policy and review the Disabled Persons Act  [Chapter 17:01] in line with  provisions of the United Nations Convention on the

 Rights of Persons with Disabilities and the Constitution of Zimbabwe Amendment  (No. 20) Act.

On the motion of Hon. Sen. Timveos, seconded by Hon. Sen. Makone: Debate adjourned until tomorrow.

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 31st        October, 2018- Sen. S. K. Moyo).

[Time elapsed: 2 hour 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. S. K. Moyo

On the motion of Hon. Sen. Muzenda, seconded by Hon. Sen. Mohadi: Debate adjourned until tomorrow.

  1. Adjourned debate on motion on the call for devolution (Adjourned 31st October, 2018- Sen. Mwonzora).

[Days elapsed:  5] Question again proposed: That this House:

RECALLING that during the historic constitution making process and the subsequent constitutional referendum in 2013, the people of Zimbabwe unequivocally endorsed the principle of devolution of power and the transformation of the Zimbabwean State from a two tier to a three tier state.

NOTING that our Constitution makes provision for the election of Provincial Councils as well as the specific manner of the election of the Provincial Council leadership.

ACKNOWLEDGING that the current government has stated at least on paper that it is committed to implementing devolution in the current dispensation.

RECOGNISING the fundamental constitutional principle of the sovereignty of the people and the important fact that devolution is widely regarded by Zimbabweans as the answer to uneven regional development in the country.

ALSO RECOGNISING that the people of Zimbabwe elected their Members of the Provincial Councils on the 30th of July, 2018, which Members are yet to be sworn into office.

NOW, THEREFORE, Calls upon the Government to:

  1. Urgently bring a bill to provide for the Devolution, inter alia to provide for the key administrative and other processes in the Provincial Councils including the      election for the heads of those Councils within 2 months.

  1. Abolish the post of Minister of State for Provincial Affairs as they compromise the full implementation of devolution of power.

  1. Swear into office all the members of the provincial councils immediately and define their conditions of service and other mechanisms to make them more            functionally efficient.

  1. Provide budgetary support to the Provincial Councils –Hon. Sen. Mwonzora.

On the motion of Hon. Sen. Timveos, seconded by Hon. Sen. Shoko: Debate adjourned until tomorrow.

  1. Adjourned debate on motion on the call to solve the cash crisis in the country (Adjourned 31st October, 2018- Hon. Sen. Shoko).

[Days elapsed:  5] Question again proposed: That this House:

            NOTING the debilitating liquidity crisis facing the country;

CONCERNED that the introduction of Bond Notes has failed to improve the cash crisis;

AWARE that the cash crisis has affected procurement of essential goods and commodities that drive our economy;

NOW, THEREFORE calls upon the Executive to urgently find ways of improving the cash situation in the country – Hon. Sen. Shoko.

On the motion of Hon. Sen. Shoko, seconded by Hon. Sen. Timveos: Debate adjourned until tomorrow.

  1. Adjourned debate on motion on National Drug Policy and legislative framework        to effectively regulate drug use. (Adjourned 31st October, 2018- Hon. Sen.

              Timveos).

[Days elapsed: 6] Question again proposed: That this House:

NOTING that a National Drug Policy is critical in ensuring that all drugs in the national drug distribution system are safe, efficacious, effective and of good quality whilst it also strengthens administrative, and regulatory controls of the same;

CONCERNED that the existing legal framework, such as the Criminal Law (Codification & Reform), the Dangerous Drugs Act and the Medicines and Allied Substances Act are either outdated and do not sufficiently provide for procurement and use of drugs;

NOTING that these current laws criminalize drug and substance use resulting in drug users fearing to seek treatment for TB and HIV infections;

AWARE that, decriminalization of drug use and drug policy reform as adopted globally by other countries are vital strategies to addressing the drug problem;

NOW, THEREFORE, calls upon Government to come up with a national drug policy and legislative framework that is grounded in science, public health and human rights to effectively minimize the effects of drug use within communities-Hon. Sen.  Timveos.

 

On the motion of Hon. Sen. Timveos, seconded by Hon. Sen. Ncube: Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on finding solutions to challenges associated with (Adjourned 31st October, 2018- Hon. Sen. Chabuka).

[Days elapsed: 6] Question again proposed: That this House:

NOTING that vending has since become the main source of livelihood due to high levels of unemployment in the country;

SADDENED by the heavy handedness on vendors by armed police which has not spared the general public going about their businesses especially in the central business district in urban areas;

Now, therefore, calls upon Government;

  1. To engage in dialogue with vendors and their associations in an effort to find a lasting solution to the problems of vending; and

  1. To construct proper vending stalls at easily accessible sites - Hon. Sen. Chabuka

On the motion of Hon. Sen. Timveos, seconded by Hon. Sen. Ncube: Debate adjourned until tomorrow.

  1. On the motion of Hon. Sen. Muzenda seconded by Hon. Sen. Mohadi: The Senate adjourned at eight minutes to four o’clock pm.

  1.                                                               GEN. (RTD.)      M. R. NYAMBUYA,

                                                                                                 Deputy President of the Senate.

 

WEDNESDAY, 14TH NOVEMBER, 2018

 

ORDERS OF THE DAY

 

  1. Adjourned debate on motion on the need to formulate a comprehensive National Disability Policy and review the Disabled Persons Act (Adjourned 13th November, 2018- Hon. Sen. Timveos).

[Day elapsed:  1] Question proposed: That this House:

             COGNISANT that Zimbabwe enacted the Disabled Persons Act [Chapter 17:01] in

            1992;

 ALSO COGNISANT that Zimbabwe ratified the United Nations Convention on the  Rights  of Persons with Disabilities and enacted Constitution of Zimbabwe  Amendment (No. 20)  Act in 2013;

 CONCERNED that no efforts have been made to domesticate the United Nations  Convention on the Rights of Persons with Disabilities and also to align the Disabled  Persons Act [Chapter 17:01] to the Constitution of Zimbabwe leading to a piece meal  approach to disability issues;

 ALSO CONCERNED by the absence of a comprehensive National Disability Policy  in Zimbabwe, resulting in the continuous marginalisation of people with disability in  national development issues;

 NOW, THEREFORE, calls upon Government to urgently formulate a  comprehensive National Disability Policy and review the Disabled Persons  Act [Chapter 17:01] in line with  provisions of the United Nations Convention  on the Rights of Persons with Disabilities and  the Constitution of Zimbabwe  Amendment (No. 20) Act. -Hon. Sen.Timveos

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 13th        November, 2018- Sen. Muzenda).

[Time elapsed: 3 hour 38 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. S. K. Moyo

 

  1. Adjourned debate on motion on the call for devolution (Adjourned 13th November, 2018- Sen. Timveos).

[Days elapsed:  6] Question proposed: That this House:

RECALLING that during the historic constitution making process and the subsequent constitutional referendum in 2013, the people of Zimbabwe unequivocally endorsed the principle of devolution of power and the transformation of the Zimbabwean State from a two tier to a three tier state.

NOTING that our Constitution makes provision for the election of Provincial Councils as well as the specific manner of the election of the Provincial Council leadership.

ACKNOWLEDGING that the current government has stated at least on paper that it is committed to implementing devolution in the current dispensation.

RECOGNISING the fundamental constitutional principle of the sovereignty of the people and the important fact that devolution is widely regarded by Zimbabweans as the answer to uneven regional development in the country.

ALSO RECOGNISING that the people of Zimbabwe elected their Members of the Provincial Councils on the 30th of July, 2018, which Members are yet to be sworn into office.

NOW, THEREFORE, Calls upon the Government to:

  1. Urgently bring a bill to provide for the Devolution, inter alia to provide for the key administrative and other processes in the Provincial Councils including the      election for the heads of those Councils within 2 months.

  1. Abolish the post of Minister of State for Provincial Affairs as they compromise the full implementation of devolution of power.

  1. Swear into office all the members of the provincial councils immediately and define their conditions of service and other mechanisms to make them more            functionally efficient.

  1. Provide budgetary support to the Provincial Councils –Hon. Sen. Mwonzora.

 

  1. Adjourned debate on motion on the call to solve the cash crisis in the country (Adjourned 13th November, 2018- Sen. Shoko).

[Days elapsed:  6] Question proposed: That this House:

            NOTING the debilitating liquidity crisis facing the country;

CONCERNED that the introduction of Bond Notes has failed to improve the cash crisis;

AWARE that the cash crisis has affected procurement of essential goods and commodities that drive our economy;

NOW, THEREFORE calls upon the Executive to urgently find ways of improving the cash situation in the country – Hon. Sen. Shoko.

 

  1. Adjourned debate on motion on National Drug Policy and legislative framework to effectively regulate drug use. (Adjourned 13tht November, 2018- Sen.     Timveos).

[Days elapsed: 7] Question proposed: That this House:

NOTING that a National Drug Policy is critical in ensuring that all drugs in the national drug distribution system are safe, efficacious, effective and of good quality whilst it also strengthens administrative, and regulatory controls of the same;

CONCERNED that the existing legal framework, such as the Criminal Law (Codification & Reform), the Dangerous Drugs Act and the Medicines and Allied Substances Act are either outdated and do not sufficiently provide for procurement and use of drugs;

NOTING that these current laws criminalize drug and substance use resulting in drug users fearing to seek treatment for TB and HIV infections;

AWARE that, decriminalization of drug use and drug policy reform as adopted globally by other countries are vital strategies to addressing the drug problem;

NOW, THEREFORE, calls upon Government to come up with a national drug policy and legislative framework that is grounded in science, public health and human rights to effectively minimize the effects of drug use within communities-Hon. Sen.  Timveos.

 

  1. 6. Adjourned debate on motion on finding solutions to challenges associated with (Adjourned 13th November, 2018- Hon. Sen. Timveos).

[Days elapsed: 7]

Question proposed: That this House:

NOTING that vending has since become the main source of livelihood due to high levels of unemployment in the country;

SADDENED by the heavy handedness on vendors by armed police which has not spared the general public going about their businesses especially in the central business district in urban areas;

Now, therefore, calls upon Government;

  1. To engage in dialogue with vendors and their associations in an effort to find a lasting solution to the problems of vending; and

  1. To construct proper vending stalls at easily accessible sites - Hon. Sen. Chabuka

 

 

THURSDAY, 15TH NOVEMBER, 2018

     

* QUESTIONS FOR ORAL ANSWERS QUESTIONS WITH NOTICE

 

*1.  HON. SEN. CHIMBUDZI: To ask the Minister of Justice, Legal and  Parliamentary Affairs to provide statistics of court cases relating to violation of provisions of the Marriage Act [Chapter 5:11].

  [Deferred from 11th October, 2018]

*2        HON. SEN. TIMVEOS: To ask the Minister of Finance and Economic Development        to state whether Chinese businesses operating in the mining sector are paying any     royalties to Government and if so, to advise on the total amount paid in 2017.

  [Deferred from 1st November, 2018]

*3.       HON. SEN. TIMVEOS: To ask the Minister of Transport and Infrastructural  Development to state  measures being taken to clear outstanding salary arrears for  National Railways of  Zimbabwe employees dating back to 2008.

[Deferred from 11th October, 2018]

 

*4.       HON. SEN.  MOHADI: To ask the minister of Transport and Infrastructural     Development to state when the dualisation of the Beitbridge-Harare- Chirundu     road would commence and whether funding for the project has been secured in              view of the inordinate delays  on the  same.

  [Deferred from 1st November, 2018]

   

*5.

HON. SEN. MOHADI: To ask the Minister of Transport and Infrastructural

Development to advise on progress made on fencing the Bulawayo- Beitbridge road.

 [Deferred from 1st November, 2018]

 

*6.

HON. SEN. SHOKO:  To ask the Minister of Transport and Infrastructural

Development  when  the expansion of the Chirundu-Masvingo-Beitbridge

Highway will resume.

  [Deferred from 1st November, 2018]

*7.

HON. SEN. CHIEF CHIKWAKA: To ask the Minister of Primary and Secondary  Education to advise on government’s policy regarding students who dropped out of school due to the fact that their parents could not afford to pay incentives that were required by teachers before the year 2013, resulting in such students being a menace to the communities.

 

[Deferred from 11th October, 2018]

 

*8.

HON. SEN. CHIMBUDZI: To ask the Minister of Health and Child Care to state

measures being taken to provide health care centres at institutions of higher learning

to ensure access to Anti-Retroviral Drugs by students without disruption of classes.

  [Deferred from 1st November, 2018]

 

*9.

HON. SEN. CHIMBUDZI: To ask the Minister of Health and Child Care to state

measures being taken to educate people in the rural areas on water borne diseases.

  [Deferred from 1st November, 2018]

*10.

HON. SEN. MALULEKE: To ask the Minister of Health and Child Care to state

measures the Ministry is taking to ensure that rural clinics and pharmacies are

stocked with drugs so that patients do not walk long distances to access drugs.

  [Deferred from 1st November, 2018]

*11.

HON. SEN. CHIMBUDZI : To ask the Minister of Home Affairs and Cultural Heritage

to state measures being taken to protect the Zimbabwe Republic Police officers

against armed  criminals.

  [Deferred from 1st November, 2018]

*12.

HON. SEN. CHIMBUDZI: To ask the Minister of Environment, Tourism and

Hospitality Industry to state measures being taken to safeguard wild animals from

veld fires.

  [Deferred from 1st November, 2018]

*13.

HON. SEN. O. HUNGWE: To ask the Minister of Health and Child Care to state

mechanisms currently in place to educate citizens on the proposed  National Health

Insurance Scheme.

  [Transferred on 1st November, 2018]

*14.     HON. SEN. TIMVEOS: To ask the Minister of Mines and Mineral Development to  explain whether the Ministry is aware that 90% of goods and services procured by  Mimosa Mining Company are being supplied by companies owned by its

            Management and if so, to state measures being taken to curb such malpractices.

  [Deferred from 1st November, 2018]

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