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SENATE VOTES 16 NOVEMBER 2021 NO 11

ADVANCE COPY‑UNCORRECTED

No. 11

PARLIAMENT

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE SENATE

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FOURTH SESSION – NINTH PARLIAMENT

_________________

TUESDAY, 16TH NOVEMBER, 2021

_________________

Half past Two o’clock.

President of the Senate in the Chair.

Prayers.

Members Present

Baipai E

Chifamba J

Chikwaka Chief

Chimbudzi A

Chinake V

Chirongoma J M

Chisorochengwe T

Chundu -Mbasera 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

Makumbe Chief

Malinga J T

Maluleke O M

Mapungwana Chief

Masendu Chief

Mathupula Chief

Mathuthu T

Matiirira A

Matsiwo Chief

Mavetera T

Mavhunga M

Mbohwa M

Mkhwebu A

Moeketsi V

Mohadi T B

Moyo G

Moyo T

Mpofu B

Mpofu S

Mudzuri E

Mupfumira P

Muronzi M

Muzenda V T

Mtshane L K Chief

Mwonzora T D

Ndlovu C

Ndlovu P

Nechombo Chief

Nembire Chief

Ngungumbane Chief

Nhema Chief

Ntabeni Chief

Nyambuya M R

Nyangazonke Chief

Nyathi R

Parirenyatwa D P

Phugeni K

Rwambiwa E

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. Sekeramayi S.

The President of the Senate informed the Senate of the untimely death of Hon.Sen Amb Simon Khaya Moyo, Senator for Matebeleland South, on Sunday 14 November, 2021 and invited all Hon. Senators to rise and observe a minute of silence in respect of the late Hon. Senator.

Hon. Sen. Muzenda, seconded by Hon. Sen. Tongogara, moved: That Orders of the Day Nos. 1 and 2, for today, stand over, until Order of the Day No. 8 has been disposed of.

Motion put and agreed.

Adjourned debate on motion in reply to the Presidential Speech (Adjourned 10th November, 2021- Sen. Mathuthu)

[Days elapsed: 9]

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. Muzenda, seconded by Hon. Sen. Chimbudzi: Debate

adjourned until tomorrow.

Adjourned debate on motion on the Report of the 49^th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – (Adjourned 10th November 2021- Sen. Mathuthu)

[Days elapsed: 3]

Question again proposed: That this House takes note of the Report of the 49^th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – Hon. Sen. Mohadi

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

adjourned until tomorrow.

Adjourned debate on motion on the importance of a sound road network - (Adjourned 10th November 2021- Sen. Mathuthu)

[Days elapsed: 4]

Question again proposed: 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,

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
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 – Hon Sen. Mabika.

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

adjourned until tomorrow.

Adjourned debate on motion on grave and rapid environmental damage - (Adjourned 10th November 2021- Sen. Chirongoma)

[Days elapsed: 4]

Question again proposed: 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 – Sen. Chirongoma.

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

adjourned until tomorrow.

Adjourned debate on motion on the untimely death of Honourable Senator Rejoice Timire – (Adjourned 10th November 2021- Sen. Mathuthu)

[Days elapsed: 5]

Question again 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

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

adjourned until tomorrow.

Adjourned debate on motion on challenges faced by children with incarcerated mothers – (Adjourned 10th November 2021- Sen. Chirongoma)

[Days elapsed: 5]

Question again proposed: 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;

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
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
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

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

adjourned until tomorrow.

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

Senate adjourned at thirteen minutes to four o’clock pm.

HON. M. M. CHINOMONA,

President of the Senate.

WEDNESDAY, 17TH NOVEMBER, 2021

ORDERS OF THE DAY

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)

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

Adjourned debate on motion in reply to the Presidential Speech (Adjourned 16th November, 2021- Hon. Sen. Muzenda)

[Days elapsed: 10]

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

Adjourned debate on motion on the Report of the 49^th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – (Adjourned 16th November 2021- Hon. Sen. Muzenda)

[Days elapsed: 4]

Question proposed: That this House takes note of the Report of the 49^th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – Hon. Sen. Mohadi

Adjourned debate on motion on the importance of a sound road network - (Adjourned 16th November 2021- Hon. Sen. Mabika)

[Days elapsed: 5]

Question proposed: 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;

Now, therefore this HOUSE,

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
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 – Hon Sen. Mabika.

Adjourned debate on motion on grave and rapid environmental damage - (Adjourned 16th November 2021- Hon. Sen. Chirongoma)

[Days elapsed: 5]

Question proposed: That this House-

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 – Sen. Chirongoma.

Adjourned debate on motion on the untimely death of Honourable Senator Rejoice Timire – (Adjourned 16th November 2021- Hon. Sen. Khupe)

[Days elapsed: 6]

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.

Adjourned debate on motion on challenges faced by children with incarcerated mothers – (Adjourned 16th November 2021- Hon. Sen. Chirongoma)

[Days elapsed: 6]

Question proposed: That this House;

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

Now, therefore;

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
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
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

_________________________________________________________________________

THURSDAY, 18TH NOVEMBER, 2021

QUESTIONS FOR ORAL ANSWERS

QUESTIONS WITHOUT NOTICE

* QUESTIONS WITH NOTICE

*1. Hon. Sen. Chimbudzi: To ask the Minister of State for Presidential Affairs in charge of

Implementation and Monitoring to give an update on plans that have been put in place by

Government to resuscitate the District Development Fund Tillage Unit Programme in the

country.

[Deferred 11^th November 2021]

*2. Hon. Sen. Chimbudzi: To ask the Minister of Local Government and Public Works to

inform the House the measures put in place to provide spare parts for boreholes that

require servicing.

*3. Hon. Sen. Chimbudzi: To ask the Minister of Lands, Agriculture, Water, Fisheries and

Rural Development to explain to the House the plans that have been put in place to

address siltation challenges in most of the dams in the country.

[Deferred 11^th November 2021]

*4. Hon. Sen. Chimbudzi: To ask the Minister of Mines and Mining Development to explain

to the House whether or not the Government is benefiting from foreign-based mining

companies.

[Deferred 11^th November 2021]

*5. Hon. Sen. Chimbudzi: To ask the Minister of Foreign Affairs and International Trade to

update the House on government policy regarding contributions by diasporians to the

fiscus.

[Deferred 11^th November 2021]

*6. Hon. Sen. Chimbudzi: To ask the Minister of Women Affairs, Gender, Small Medium

Enterprises and Community Development to explain to the House whether or not women

are awarded tenders on programmes relating to the national development agenda.

[Deferred 11^th November 2021]

*7. Hon. Sen. Chimbudzi: To ask the Minister of Youth, Sports, Arts and Recreation to

appraise the House on the role the Ministry is playing to market and promote popular

sports in the country.

[Deferred 11^th November 2021]

*8. Hon. Sen. Chimbudzi: To ask the Minister of Industry and Commerce to inform the

House whether or not foreigners in business contribute to the National fiscus.

[Deferred 11^th November 2021]

*9. Hon. Sen. Tongogara: To ask the Minister of Lands, Agriculture, Water, Fisheries and

Rural Resettlement to inform the House whether there are any mechanisms in place to

monitor the inputs that are given to small scale farmers under the Presidential Input

Scheme and whether these inputs are utilized for intended purposes at household level

amid allegations that some individuals sell such inputs.

[Deferred 11^th November 2021]

*10. Hon. Sen. Tongogara: To ask the Minister of Local Government and Public Works to

inform the House the procedure that the local authorities use to formulate their budget.

[Deferred 11^th November 2021]

_________________________________________________________________________

NOTICE OF AMENDMENTS

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

amendment of clause 16 (SOLEMNISATION OF CUSTOMARY LAW MARRIAGES)

By hon. sen. chief charumbira

Clause 16 of the Bill is amended—

by the deletion of sub-clause (2) and the substitution of the following—

“(2) A marriage officer in a customary law marriage shall put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity or conjugal status of the parties to the proposed marriage, to the agreement relating to lobola or roora, if any, and to the existence of impediments to the marriage.”;

by the insertion of a new sub-clauses after sub-clause (4) as follows—

“(5) At the solemnization of every customary law marriage, there must be present, in addition to the marriage officer and the parties to the marriage, two witnesses (one for each party to the marriage being a relative who, under the customary law of the community concerned, is recognised as the primary family witness for the marriage).

(6) If the marriage officer is satisfied—

that the intended husband and wife freely and fully consent to the marriage; and
that from the two family witnesses, it is apparent that customary law formalities have been met; and
that no lawful impediment exists to the proposed marriage;

he or she shall proceed in terms of section 30 and such marriage shall be a valid marriage contracted according to customary law.”.

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.”

amendment of clause 17 (UNREGISTERED CUSTOMARY LAW UNIONS)

By hon. sen. chief charumbira

Clause 17 of the Bill is amended by the insertion of a new sub-clause after sub-clause (3) as follows—

“(5) Notwithstanding any other provisions of this Act, if a marriage contracted solely according to customary law and not solemnized in terms of this Act is dissolved, sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] shall mutatis mutandis apply to the division, apportionment or distribution of the assets of the parties 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 41 (civil partnerships)

By hon. sen. chief charumbira

Clause 17 of the Bill is amended by the deletion of sub-clauses (5) and (6) and the

substitution of the following —

“(5) Where one of the persons in a civil partnership is legally married to someone else [ hereinafter called “ the spouse of the civil partner”], a court applying sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] 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 to the aforesaid spouse of the civil partner.”.

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”.

SENATE VOTES 16 NOVEMBER 2021 NO 11

SENATE VOTES 16 NOVEMBER 2021 NO 11

ZIMBABWE

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