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SENATE VOTES 16 JUNE 2021 NO 46

ADVANCE COPY‑UNCORRECTED

 

 

No. 46

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF THE SENATE

 

                               _________________                              

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 16TH JUNE, 2021

_________________

 

                                                                                                    Half past Two o’clock pm.

Deputy President of the Senate in the Chair.

 

Prayers.

 

Members Present

 

Charumbira Chief. F

Chifamba J.

Chikwaka Chief.

Chimbudzi A.

Chinake V.

Chirongoma J.M

Chitanga Chief.

Chundu Chief.

Denga P.

Dube A.

Dube M.R

Femai M.

Gumpo S.

Gweshe K.

Hungwe S. O.

Kambizi E.

Khumalo N.M

Khupe W.

Komichi M.

Mabika D.

Makone T.M

Makumbe Chief

Maluleke O.M

Mapungwana Chief.

Masendu Chief

Mavetera T.

Mathupula Chief

Mathuthu T.

Matiirira A.

Matsiwo Chief.

Mavhunga M.

Mbohwa M.

Mkwebu A.

Moeketsi V.

Mohadi T.B

Moyo G.

Moyo T.

Mpofu B.

Mpofu S.

Mudzuri E.

Munzverengwi A.

Mupfumira P.

Muronzi M.

Muzenda T.V

Mtshane L.K Chief

Mwonzora T.D

Ndlovu C.

Ndlovu D.M

Ndlovu M.

Ndlovu P.

Nechombo Chief

Nembire Chief

Ngezi Chief

Ngungumbane Chief

Nhema Chief

Ntabeni Chief.

Nyambuya M.R

Nyangazonke Chief.

Nyathi R.

Phugeni K.

Rwambiwa E.

Sekeramayi S.T

Shumba C.

Timire R.

Tongogara A. K.

Tsomondo B.

 

 

In attendance in terms of section 138(4) of the Constitution.

 

 

Printed by Order of the Senate

 

 

Absent with leave

 

 

  1. The Deputy President of the Senate informed the Senate that the Parliamentary Caucus on Child Rights Steering Committee was requesting Senators who wished to join the Caucus to submit their names to Mr T. Chiremba, the Secretary to the Caucus in the Journals Office, Office Number 101, First Floor, Parliament Building.

 

  1. Hon. Sen. Muzenda, seconded by Hon. Sen. Tongogara, moved: That Notices of Motions and Order of the Day Nos. 1 to 4, for today, stand over, until Order of the Day No. 14 has been disposed of.

 

Motion put and agreed to.

 

  1. Hon. Sen. Chimbudzi, seconded by Hon. Sen. Mathuthu, moved: That Notice of Motion No. 5, for today, stands over, until Order of the Day No. 14 has been disposed of.

 

Motion put and agreed to.

 

  1. Hon. Sen. Tongogara, seconded by Hon Sen. Chirongoma, moved: That Notice of Motion No. 6, for today, stands over, until Order of the Day No. 14 has been disposed of.

 

Motion put and agreed to.

 

5.   Adjourned debate on motion on the Report of the 48th Plenary Session of the SADC- Parliamentary Forum (Adjourned 15th June 2021 – Hon. Sen. Mohadi)

 

[Day elapsed: 1]

 

Question again proposed: That this House takes note of the Report of the 48th Plenary Session of the SADC- Parliamentary Forum held virtually from the 4th to the 5th of December 2020 – Hon Sen. Mohadi.

 

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

 

 

6.     Adjourned debate on motion on the need to provide material and financial support to the SADC initiatives for the development of the liberation history modules (Adjourned 15th June, 2021- Hon. Sen. Tongogara)

 

[Days elapsed: 3]

 

Question again proposed: That this House;

 

          MINDFUL that Zimbabwe attained its independence after a protracted liberation war;

 

 ALSO MIDFUL that SADC played a pivotal role in assisting liberation movements in        Southern Africa.

 

COGNISANT that SADC member states with assistance from UNESCO and SARDC are currently reviewing the liberation struggle history curriculum and developing appropriate materials covering various modules such as, Youth in the liberation struggle and the role of front line states;

 

      AWARE that it is essential to document the history of the liberation struggle;

 

DESIROUS to ensure the teaching of liberation history from a national to a regional perspective;

 

                 NOW, THEREFORE, calls upon;

 

Government to provide material and financial support to the SADC initiatives for    the development of the liberation history modules- Hon. Sen. Tongogara

 

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

 

7.         Adjourned debate on motion on the financing of football from the fiscus (Adjourned   15th June, 2021- Hon. Femai)

 

[Days elapsed: 4]

 

Question again proposed: That this House;

 

MINDFUL that owing to its popularity, football is affectionately referred to as the beautiful game because of its unifying effect as it draws fans from all walks of life regardless of their colour, creed, race, religion, political, social, economic persuasions and affiliations;

 

FURTHER MINDFUL that football has become a cash cow for local authorities who rake in handsomely huge sums of money whenever popular soccer clubs like Dynamos, Highlanders, Caps United, among others, play matches at venues under the jurisdiction of the respective Councils;

 

NOTING with disapproval the rampant chaos bedeviling the administration of football in the country resulting in top flight football players retiring into abject poverty after their playing days are over;

 

NOW, THEREFORE, CALLS upon the Executive to;

a.       Ensure that Football Clubs such as Dynamos and other community teams are adequately resourced from the fiscus in view of the revenue that they bring in whenever they play at venues administered by local authorities.

b.      Consider bringing normalcy in the administration of football in the country considering that our national team has become our flag bearers by qualifying for the Africa Cup of Nation (AFCON) showcase.

  1. Put in place legislation that caters for the welfare of soccer players after their playing

days are over- Hon. Sen. Femai.

 

On the motion of Hon. Sen. Femai, seconded by Hon. Sen. Mkwebu: Debate adjourned until tomorrow.

 

8.         Hon. Sen. Muzenda, seconded by Hon. Sen. Mathuthu, moved: That Orders of the Day Nos. 10 to 13, for today, stand over, until Order of the Day No. 14 has been disposed of.

 

Motion put and agreed to.

 

 

9.      Adjourned debate on motion on the Report of the Joint Portfolio Committee on Youth,

Sport, Arts and Recreation and the Thematic Committee on Indigenisation and

Empowerment (Adjourned 8th June, 2021- The Minister of State for Mashonaland Central Province and Devolution)

 

                                                                                                                                   [Days elapsed: 20]

 

Question again proposed: That this House takes note of the Report of the Joint Portfolio Committee on Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the state of Vocational Training Centers, the Empower Bank and Sporting Facilities in Zimbabwe. (S.C. 5, 2021) - Hon. Sen. Mbohwa.

 

Motion put and agreed to.

 

 

10.       On the motion of the Minister of State for Mashonaland Central Provincial Affairs and Devolution: The Senate adjourned at half-past four clock pm.  

 

 

 

                         HON. SEN. GEN. (RTD) M. R. NYAMBUYA,

                                    Deputy President of the Senate.

 

___________________________________________________________________________

 

 

THURSDAY, 17TH JUNE, 2021

 

QUESTIONS FOR ORAL ANSWERS

 

*QUESTIONS WITHOUT NOTICE.

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

1.                              Hon. Sen. Kambizi

Hon Sen. Femai

 

That this House takes note of the first joint Report of the joint Thematic Committee on HIV and AIDS and Portfolio Committee on Health and Child Care on the Petition from the Advocacy Core Team (ACT) on the age of consent to accessing reproductive health care services by adolescents and young persons in Zimbabwe (S.C. 10, 2021).

 

2.                              Hon. Sen. Dr. Parirenyatwa

Hon. Sen. Ngungumbane

[Days elapsed: 12]

            That this House takes note of the Joint Portfolio Committee on Local Government,

Public Works and National Housing and the Thematic Committee on Peace and

Security on the Assessment of progress made in areas affected by floods and on

construction of Covid-19 Treatment, Quarantine and Isolation facilities (S.C. 14

2021).

 

 

3.      Hon. Sen. Chimbudzi

Hon. Sen. A. Dube

[Days elapsed: 3]

 

That this House,

MINDFUL that the health delivery system is based on primary health care approach as defined in the World Health Organisation Alma Atta Declaration of 1978 and enshrined in Section 29 of the Constitution that the State must take all practical measures to ensure the provision of basic, accessible and adequate health services throughout Zimbabwe;

 

ALSO MINDFUL that the State must take all preventive measures within the limits of the resources available to it, including education and public awareness programmes, against the spread of diseases;

 

DISTURBED by the inadequacy of medical provisions such as drugs and lack of transport to ferry the sick leading to some deaths which can be avoided if such resources are availed;

 

FURTHER DISTURBED by the absence of kidney dialysis machines in Provincial Hospitals leading to untold suffering by patients.

 

NOW, THEREFORE, CALLS upon Government to Partner with the Private Sector in a concerted bid to:

 

a)      Strengthen the health delivery system as a way of achieving universal health coverage countrywide;

b)      Allocate adequate resources for the procurement of medical supplies and the also for the provision of ambulances and other forms of transport to enhance health service delivery in the country;

c)      Consider subsidizing kidney dialysis as it is extremely expensive for our citizens who fall victim to such ailments and

d)     Provide decent accommodation to doctors as a way of motivating and incentivising them as they conduct their day to day health delivery services of saving lives of our dear Zimbabweans.

 

 

4.      Hon. Sen. Tongogara

Hon. Sen. Kambizi

 

[Days elapsed: 3]

 

That this House,

RECOGNIZING the frantic efforts by government to stabilize the currency so that goods and services can be affordable to the general populace;

 

ALSO RECOGNIZING the measures put in place by government to curb overcharging by introducing foreign currency auction system for business people and service providers;

 

ACKNOWLEDGING the use of a multiple currency system and as provided at law that prices of commodities be displayed in both foreign and local currency at the official exchange rate;

 

GRATEFUL that a new Commission to protect consumers from being unscrupulously overcharged was established;

 

CONCERNED that most of the measures put in place by government to bring normalcy to the economy by stabilizing prices are not being adhered to by manufacturers and service providers;

 

NOW, THEREFORE, CALLS upon the Executive to deploy teams to monitor;

a)      Adherence to official exchange rates; and

b)      The pricing of goods and services countrywide.

 

 

5.   Adjourned debate on motion on the Report of the 48th Plenary Session of the SADC- Parliamentary Forum (Adjourned 16th June 2021 – Hon. Sen. Mohadi)

 

[Days elapsed: 2]

 

Question proposed: That this House takes note of the Report of the 48th Plenary Session of the SADC- Parliamentary Forum held virtually from the 4th to the 5th of December 2020 – Hon Sen. Mohadi.

 

 

 

6.     Adjourned debate on motion on the need to provide material and financial support to the SADC initiatives for the development of the liberation history modules (Adjourned 16th June, 2021- Hon. Sen. Tongogara)

 

[Days elapsed: 4]

 

Question proposed: That this House;

 

      MINDFUL that Zimbabwe attained its independence after a protracted liberation war;

 

    ALSO MIDFUL that SADC played a pivotal role in assisting liberation movements in        Southern Africa.

 

COGNISANT that SADC member states with assistance from UNESCO and SARDC are currently reviewing the liberation struggle history curriculum and developing appropriate materials covering various modules such as, Youth in the liberation struggle and the role of front line states;

 

AWARE that it is essential to document the history of the liberation struggle;

 

DESIROUS to ensure the teaching of liberation history from a national to a regional perspective;

 

           NOW, THEREFORE, calls upon;

 

 Government to provide material and financial support to the SADC initiatives for    the development of the liberation history modules- Hon. Sen. Tongogara

 

7.    Adjourned debate on motion on the financing of football from the fiscus (Adjourned 16th June, 2021- Hon. Femai)

 

[Days elapsed: 5]

 

Question proposed: That this House;

 

MINDFUL that owing to its popularity, football is affectionately referred to as the beautiful game because of its unifying effect as it draws fans from all walks of life regardless of their colour, creed, race, religion, political, social, economic persuasions and affiliations;

 

FURTHER MINDFUL that football has become a cash cow for local authorities who rake in handsomely huge sums of money whenever popular soccer clubs like Dynamos, Highlanders, Caps United, among others, play matches at venues under the jurisdiction of the respective Councils;

 

NOTING with disapproval the rampant chaos bedeviling the administration of football in the country resulting in top flight football players retiring into abject poverty after their playing days are over;

 

NOW, THEREFORE, CALLS upon the Executive to;

a.       Ensure that Football Clubs such as Dynamos and other community teams are adequately resourced from the fiscus in view of the revenue that they bring in whenever they play at venues administered by local authorities.

b.      Consider bringing normalcy in the administration of football in the country considering that our national team has become our flag bearers by qualifying for the Africa Cup of Nation (AFCON) showcase.

  1. Put in place legislation that caters for the welfare of soccer players after their playing

days are over- Hon. Sen. Femai.

 

8.   Adjourned debate on motion on the Report of the 2021 Virtual Parliamentary Hearing at

the United Nations (Adjourned 15th June, 2021- Hon. Sen. Muzenda)

 

[Days elapsed: 14]

 

Question proposed: That this House takes note of the Report of the 2021 Virtual Parliamentary Hearing at the United Nations under the theme, “Fighting Corruption to Restore Trust in Government and Improve Development Prospects,” held on 17th and 18th February 2021- Hon. Sen. Muzenda.

 

9.         Adjourned debate on motion on the Report of the Privileges Committee Investigating

Cases of Alleged Misconduct by MDC Alliance Members of Parliament (Adjourned 8th June, 2021- The Minister of State for Mashonaland Central Province and Devolution)

 

[Days elapsed: 19]

 

Question proposed:  That this House considers and adopt the Report of the Privileges Committee Investigating Cases of Alleged Misconduct by MDC Alliance Members of Parliament – Hon Samukange.

 

10.       Adjourned debate on motion on the Report of the Thematic Committee on Sustainable Development Goals (SDGs) on Veld Fire Management (Adjourned 8th June, 2021-Hon. Sen. Chief Mtshane)

[Days elapsed: 19]

 

Question proposed:  That this House takes note of the Report of the Thematic Committee on Sustainable Development Goals (SDGs) on Veld Fire Management S.C. 9, (2020) - Hon. Sen. Chief Mtshane.

 

11.       Adjourned debate on motion on the Report of the Parliamentary Leadership for the 2030 Agenda Webinar Series (Adjourned 8th June, 2021-Hon. Sen. Muzenda)

 

[Days elapsed: 19]

  Question proposed: That this House takes note of the Report on the Parliamentary Leadership for the 2030 Agenda Webinar Series: Covid – 19 Response: Leaving No One Behind held on 15 February 2021 – Hon. Sen. Muzenda.

 

12.      The Minister of Justice, Legal and Parliamentary Affairs:

 

[Days elapsed: 22]

 

That this House takes note of the Zimbabwe Human Rights Commission Report on

National Inquiry on Access to Documentation in Zimbabwe, presented to this House in terms of Section 244 (2) of the Constitution.

 

13.       The Minister of Justice, Legal and Parliamentary Affairs:

[Days elapsed: 22]

That this House takes note of the Report of the Zimbabwe Human Rights Commission for the year 2020, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe.

 

 

14.       Committee:  To resume on the Marriages Bill (H. B.7A, 2019)The Minister of

       Justice, Legal and Parliamentary Affairs) (Progress reported 21st April 2021- The

         Minister of Justice Legal and Parliamentary Affairs).

 

(Clauses 16 to 54 under consideration)

 

             (See Notice of Amendments)

 

 

 

NOTICE OF AMENDMENTS

 

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

amendment of clause 16 (solEMnisation of customary law marraiges)

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 subclasse:

“(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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