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SENATE VOTES 21 February 2017 31

ADVANCE COPY-UNCORRECTED

 

 

No. 31

 

PARLIAMENT 

 

OF

 ZIMBABWE

 

_________________

 

 

VOTES AND PROCEEDINGS OF THE SENATE

 

_________________

 

FOURTH SESSION – EIGHTH PARLIAMENT

_________________

 

TUESDAY, 21ST FEBRUARY, 2017

_________________

 

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

 

Bhebhe M,

Bhobho H,

Buka F,

Charumbira Chief,

Chiduku Chief R M

Chifamba J,

Chimanikire A,

Chimbudzi A,

Chimhini D.A,

Chimutengwende C. C. C.

Chipanga T S

Chisunga Chief,

Chitanga Chief,

Dandawa Chief,

Gampu IV Chief,

Goto R,

Gwenzi Chief,

Jadagu G.T,

Juba A,

Khumalo D.T. Komichi M,

Machingaifa T,

Mabugu F.E,

Makone T

Makore J,

Maluleke O,

Marava M,

Marozva Chief

Masendu Chief

Mashavakure N

Masuku A,

Mathuthu T.A,

Matiirira A,

Mavhunga M,

Mawire J,

Moeketsi V,

Mohadi T B,

Mtshane Chief,

Muronzi M,

Murwira T,

Musarurwa Chief E. M,

Mutsvangwa M,

Muzenda T.V,

Ndlovu J,

Nembire Chief,

Ngungumbane Chief,

Ntambeni Chief,

Rtd. Gen. Nyambuya M,

Nyamukoho Chief,

Nyangazonke Chief,

Nyathi R,

Shiri A,

Siansali Chief,

Sibanda A,

Sibanda B,

Sinampande H, Tawengwa C.Z.

Timveos L,

             

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

 

 

Printed by Order of the Senate

 

Absent with Leave

 

Hon. Sen. Chizema C, Hon. Sen. Manyeruke J, Hon. Sen. Moyo S. K, Hon. Sen. Mumvuri D.D.E, Hon. Sen. Ncube S.

 

 

  1. The President of the Senate informed the Senate of the death on Friday, 17th February, 2017 of Honourable Senator Victor Mapungwana for Bulawayo Metropolitan Province and invited all Honourable Senators to rise and observe a minute of silence as a mark of respect for the late Honourable Member.

 

  1. Adjourned debate on motion on the SECOND READING of the Land Commission Bill (H.B.2A, 2016) – (Adjourned 7th February 2017- The Deputy Minister of Lands and Rural Resettlement).

 

             

Question again proposed: That the Land Commission Bill (H.B. 2A, 2016) be now read a second time- The Minister of Lands and Rural Resettlement.

 

Bill read a second time. Committee -Tomorrow.

 

  1. Adjourned debate on motion in reply to the State of the Nation Address(Adjourned 15th February, 2017 –Hon. Sen. Chief Charumbira).

 

[Days elapsed: 8]

 

Question again proposed: That this House conveys its profound gratitude to His Excellency, the President Cde. R. G. Mugabe for addressing a joint sitting of Parliament on the State of the Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency the President, informing him

of the sentiments of the House – Hon. Sen. Chipanga.

 

On the motion of the Minister of Lands and Rural Resettlement: Debate adjourned until tomorrow.

 

  1. On the motion of the Minister of Lands and Rural Resettlement: The Senate adjourned at twenty seven minutes to five o’clock pm.

 

  1. MADZONGWE

President of the Senate.

 

 

 

WEDNESDAY, 22ND FEBRUARY, 2017

 

 

ORDERS OF THE DAY AND NOTICE OF MOTION

  1. COMMITTEE: Land Commission Bill (H.B.2A, 2016) - The Minister of Lands and Rural Resettlement). 

 

                 (See Notice of amendments)

 

  1. Adjourned debate on motion in reply to the State of the Nation Address(Adjourned 21st February, 2017 –The Minister of Lands and Rural Resettlement).

 

[Days elapsed: 9]

 

Question proposed: That this House conveys its profound gratitude to His Excellency,  the President Cde. R. G. Mugabe for addressing a joint sitting of Parliament on the  State of the Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency the President, informing him

of the sentiments of the House – Hon. Sen. Chipanga.

 

  1. Adjourned debate on motion in reply to the Presidential Speech-(Adjourned 14th February, 2017 – Sen. Chief Charumbira).

 

[Time elapsed: 2 hrs. 11 minutes]

 

Question proposed: That a respectful address be presented to the President of Zimbabwe as follows –

 

May it please you, your Excellency 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. Rtd. Gen. Nyambuya.

 

  1. HON. SEN. TIMVEOS

HON. SEN. MLOTSHWA

 

That this House:

 

ACKNOWLEDGING     the     progress     made     by     the     Zimbabwe                       Electoral

Commission(ZEC) towards assuming its Constitutional mandate of ensuring that elections are conducted efficiently ,freely, fairly, transparently and in accordance with the law;

 

FURTHER ACKNOWLEDGING the financial restrictions facing ZEC due to scarcity of resources allocated by the Treasury and the interest from the international donors, including UNDP, to assist in supporting ZEC as a key pillar of democracy;

 

AWARE that the desire by government to engage the International Community as  economic partners for the development of Zimbabwe will also be enhanced by inviting the widest range of international players to observe and monitor  our national  elections;

 

AWARE that the holding of a transparent, free and fair election in 2018 will depend on the integrity of the voters roll as well as an enabling environment;

 

NOTING the slow process of aligning the Electoral Act to the constitution means that there are areas wherein ZEC is acting unconstitutionally and that there have been actions by ZEC which have not been aligned even to the Electoral Act;

 

NOW, THERFORE, calls upon

 

  1. The Government to expeditiously align the provisions on ZEC to the

Constitution;

  1. ZEC to urgently engage with partners to implement the biometric voters roll in order to fulfill the Constitutional mandate;
  2. Government to align the Electoral Act with the Constitution and crate an electoral environment that complies with Article 17 of the African Union Charter on free and fair elections
  3. Adjourned debate on motion on SADC Model law on eradicating Child Marriages (Adjourned 15th February 2017- Sen. Mohadi)

 

[Day elapsed: 3] Question proposed: That this House:

 

     MINDFUL that the SADC Model Law is a milestone in eradicating the matrimony of the children and also in protecting those who are already in marriage;

 

APPRECIATIVE that the Model Law embraces all concepts on the prohibition of child marriages as adopted in Swaziland in 2016;

 

DESIROUS to see the end to child marriages as well as any retrogressive measures and hurdles that mitigate against the eradication of such unions;

 

NOW, THERFORE calls upon Government to domesticate provisions of the Model Law as part of our statutes-Hon Sen. Mohadi.

           

 

  1. Adjourned debate on motion on advocating for unequivocal support for the National

School Pledge by all Members of Parliament- (Adjourned 2nd February, 2017- The  

            Minister of Finance and Economic Development)

 

[Days elapsed: 8]

 

Question proposed:

 

APPLAUDING the noble initiatives by the Government to inculcate a culture of patriotism, unity of purpose and common desire for equality and justice as mandated by the Constitution.

 

DETERMINED to overcome any challenges that impede our resolve to cherish and uphold the fruits of our hard won independence;

 

COMMITTED to building a united and prosperous nation founded on core values of integrity and hard work anchored on the Constitution as the supreme law of the land,

 

DESIROUS to foster a strong sense of patriotism among school children as is the traditional practice in the global village.

 

NOW THEREFORE, strongly advocates for unequivocal support for the National School Pledge by all Members of Parliament- Hon Sen. Chimbudzi.

 

 

  1. Adjourned debate on motion on violence that had become a socio-political way of life among the people of Zimbabwe- (Adjourned 1st February, 2017- Hon Sen. B. Sibanda)

 

[Day elapsed: 8]

 

Question proposed: NOTING that violence has become an integral part of our socio-              political way of life;

 

CONCERNED that we cannot build a progressive developmental nation within a violent environment;

 

CONCERNED about the violence oriented and negative legacy we are developing as a nation;

 

NOW THEREFORE calls upon this House:

 

  1. To denounce all forms of violence being perpetrated upon and among the people of Zimbabwe;

 

  1. To call upon the law enforcement arms of government to enforce law and order without fear or favour;

 

  1. To admonish political parties so that they desist from the use of violence in order to impose their will on the people of Zimbabwe.

 

  1. To challenge the executive to fulfill its constitutional obligation by respecting human rights in terms of section 48-78 of the constitution of Zimbabwe. – Sen. B. Sibanda.
  1. Adjourned debate on motion on Zimbabwe’s low population (Adjourned 14th

February, 2017- Hon. Sen. Musaka)

[Day elapsed: 4]

 

Question proposed: That this House: -

 

CONCERNED with difficulties to attract effective investors to Zimbabwe for sustainable profitable investment due to Zimbabwe’s low population;

 

FURTHER CONCERNED that most non-governmental Organizations diligently promote birth control down wards instead of encouraging family planning for prolife that is population growth;

 

CURRENT world trend in population are to encourage large families so as to grow market for products;

 

Now therefore, this House resolves that the Zimbabwe Government should encourage large families as follows;

 

  1. a) Give incentives to families to have a minimum of eight children;

NGOs and Organisation promoting birth control should now be requested to promote family growth-Hon. Sen. Musaka

 

  1. Adjourned debate on motion on the Report of the delegation to the 68th Session of the Executive Committee of the African Parliamentary Union- (Adjourned 1st February, 2017 Sen. Goto).

 

 

                                                                                                                 [Days elapsed: 19]

 

Question proposed: That this House takes note of the Report of the delegation to the 68th Session of the Executive Committee of the African Parliamentary Union held from the 2nd to the 3rd of June, 2016 in Khartoum, Sudan- Hon. Sen. Goto.

 

 

  1. Adjourned debate on motion on the First Report of the Thematic Committee on Gender and Development on the Status of Children’s Homes- (Adjourned 31st January, 2017 – Hon Sen Makore).

 

[Days elapsed: 28]

 

Question proposed: That this House takes note of the First Report of the Thematic Committee on Gender and Development on the Status of Children’s Homes (S. C. 14, 2016) – Hon. Sen. Makore.

 

  1. Adjourned debate on motion on the Second Report of the Thematic Committee on Gender and Development on Early Child Marriages- (Adjourned 31st January, 2017- Hon Sen Makore).

[Days elapsed: 27]

 

Question proposed: That this House takes note of the Second Report of the Thematic Committee on Gender and Development on Early Child Marriages (S. C. 11, 2016) – Hon. Sen. Makore.

 

  1. Adjourned debate on motion on the Report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum –(Adjourned 31st January, 2017- The Deputy Minister for Media, Information and Broadcasting Services).

 

[Days elapsed: 23]

 

Question proposed: That this House takes note of the Report of the delegation to the 39th Plenary Assembly of the SADC Parliamentary Forum held in Ezulwini, Swaziland from 28th May to 7th June, 2016- Hon. Mohadi.

 

 

 

THURSDAY, 23RD FEBRUARY, 2017

 

 

       QUESTIONS WITHOUT NOTICE.

 

*           QUESTIONS WITH NOTICE

 

 

*1. HON. SEN. SIBANDA B: To ask the Minister of Finance and Economic Development to provide the House with detailed figures as at 30 September, 2016 of:

 

  1. The comprehensive foreign debt inclusive of interest accrued;
  2. Domestic loans debt and who these are owed to;
  3. Parastals debts that government has committed to take over;
  4. Individuals and or company debts covered by ZAMCO to date;
  5. Treasury Bills commitments including any that may have been rolled over; and
  6. Any other debt owed by government not covered by these specified above.

 

[Deferred from 2nd February, 2017]

 

 

*2.       HON. SEN. TIMVEOS:  To ask Minister of Finance and Economic Development to explain:

  • Whether any money has been budgeted to cater for the Shabanie Mine workers who have not been paid for the past eight years, considering that the mine managers in charge of affairs are dismissing the workers.
  • What criteria is being used to pay fifty dollars a month for some of the workers who are still at Shabanie Mine.
  • Whether money paid by Midlands State University students who are renting the mine houses goes to Treasury and if so, why is it not being used to cater for the workers’ salaries.

[Deferred from 16th February, 2017] 

 

*3.  HON. SEN. TIMVEOS: To ask the Minister of Health and Child Care to inform the House what plans  the Ministry has  in place to save lives that are frequently lost due  to prohibitive costs of blood which requires as much as one hundred and twenty dollars a pint to buy.

 

[Deferred from 16th February, 2017] 

 

 

*4.  HON SEN. CHIMBUDZI: To ask the Minister of Higher and Tertiary Education, Science and Technology Development to explain the Ministry’s position regarding the implementation of policy on HIV/AIDS at institutions of higher learning in the country.

[Deferred from 2nd February, 2017]

 

*5. HON SEN. CHIMBUDZI: To ask the Minister of Women Affairs, Gender and Community Development;

  1. To explain the real causes of early child marriages in Zimbabwe.
  2. To indicate the plans the Ministry has put in place to end early child marriages, particularly in rural areas.
  3. To inform the House whether the Ministry has embarked on education awareness in prisons where most women are incarcerated as a result of rape and theft convictions.
  4. To inform the House, what measures the ministry has put in place to make sure that women in prisons get adequate sanitary wear during their terms of saving.

 

*6.

 

HON. SEN. KHUMALO. D.T: To ask the Minister of Women’s Affairs, Gender and Community Development to inform the House when the SADC Model Law would be brought to Parliament for ratification.
*7.

 

HON SEN. CHIMBUDZI: To ask the Minister of Lands and Rural Resettlement;

a)     To state the measures that has been put in place by the Ministry to stop people from selling land to individuals.

b)     To bring to book those people who unnecessarily cause disputes in the resettlement areas.

c)     To explain the role of the traditional leadership in the resettlement areas.

                       

[Deferred 2nd February, 2017]

 

*8. HON. SEN. MAWIRE: To ask the Minister of Home Affairs to explain to the House the following;

a)     Whether the refugees at the Tongogara Refugee Camp are from the Apostolic Sect or genuine refugees.

b)     What measures are in place to prosecute the shops that continue to sell army regalia to members of the Public

c)     What measures the Ministry has put in place to curb the rampant illegal selling of fuel in Mutare.

 

*9.

 

HON. SEN. MAWIRE: To ask the Minister of Welfare Services for War Veterans, War Collaborators, Former Political Detainees and Restrictees to explain to the House as to how long the War Veterans would continue to receive paltry sums of money considering that some of them were affected by chemicals during the war while some need specialist treatment and medication.
*10.

 

HON. SEN. KHUMALO. D.T: To ask the Minister of Public Service, Labour and Social Services to inform the House whether it is the Ministry’s policy to engage Urban District Administrators to distribute food without informing councilors and other Urban Structures.
*11.

 

HON. SEN. TIMVEOS: To ask the Minister of Public Services, Labour and Social Services to inform the House what the role of Community Coordinators in Government Schools and Clinics is and to further elaborate who supervises them and whether they do not contribute to the ballooning wage bill which is taking over 90% of the National Revenue.
*12. HON. SEN. TIMVEOUS :To ask the Minister of Industry and Commerce to inform the House what plans are in place to alleviate challenges posed by lack of point of sale fiscal machines I view of the fact that such machines are not readily available in the country, a situation that has affected business.
  1. To clarify whether the Ministry has any policy relating to the monitoring of the use of condoms by females in the institutions of higher learning.

 

[Deferred 2nd February, 2017]

*13. HON. SEN. TIMVEOUS:  To ask the Minister of Local Government Public Works and National Housing to inform the House what plans are in place to upgrade the public toilets in Mandava, Maglass, Kandodo and Niltown in Zvishavane, of the fact that communities in these areas continue to use communal toilets, thirty seven years after independence in a situation that gives rise to the spread of typhoid and other diseases which leads to unnecessary deaths.

*14. HON. SEN. MOHADI:  To ask the Minister of Tourism and Hospitality Industry whether the Ministry has plans to open the Rainbow and Holiday Inn Express Hotel in Beitbridge.

 

*15. HON. SEN. MOHADI:  To ask the Minister of Mines and Mining Development whether     the Ministry has plans to revive the Thuli Coal Mine in Beitbridge West.

 

*16.     HON. SEN. MOHADI:  To ask the Minister of Mines and Mining Development to explain:

  • the measures the Ministry is taking to ensure that mining firms rehabilitate the environment degraded by mining operations.
  • what the Ministry is planning about Chitulipasi Coal Mine in Beitbridge East Constituency.

 

*17. HON. SEN. MOHADI:  To ask the Minister of Environment, Water and Climate to inform the House what plans the Ministry has put in place to curb the rampant poaching of wildlife in safari areas.

 

*18. HON SEN. NDHLOVU:  To ask the Minister of Environment, Water and Climate to inform the House what measures the Ministry has put in place to resolve the water challenges between ZINWA and the Municipality of Gwanda.

 

*19. HON SEN. NDHLOVU:  To ask the Minister of Transport and Infrastructural Development to inform the house when the Mtshabezi River Bridge in Gwanda town would be upgraded considering that people from Kezi, Maphisa, Magwe, Tshoboyo, Lushomkwe,Wenlock and other surrounding areas have no access to Gwanda town when the river is flooded.

 

*20. HON SEN. NDHLOVU:  To ask the Minister of Primary and Secondary Education whether it is Government Policy to change the curriculum without initially training teachers to enable them to impart knowledge to children.

 

NOTICE OF AMENDMENT Land Commission Bill, (H.B 2, 2016)

 

 

 

CLAUSE 2 (Interpretation)

BY HON SENATOR CHIEF MTSHANE:

Between lines 32 and 33 on page 9 of the Bill, to insert the following definition:

“National Council of Chiefs” means the National Council of Chiefs established by section 285(1) of the Constitution;”

NEW CLAUSE

BY HON SENATOR CHIEF MTSHANE:

Between lines 35 and 36 on page 9 of the Bill, to insert the following clause in Part II of the Bill, the remaining clauses being renumbered accordingly:

“3 Procedure for appointment of members

  • Before the President appoints a member, the Minister shall, in writing, invite the National Council of Chiefs to submit to him or her the names of at least two traditional leaders, qualified in terms of section 296(2) of the Constitution, to be considered for appointment to the Commission.
  • The Minister shall without delay forward to the President the names of any suitably qualified traditional leaders nominated by the National Council of Chiefs in response to an invitation in terms of subsection (1) and, subject to section 296 of the Constitution, they shall be considered for appointment to the Commission.”.

 

CLAUSE 36 (Appellate and dispute settlement functions of Commission)

BY HON SENATOR CHIEF MTSHANE:

Between lines 43 on page 21 of the Bill and line 1 on page 22, to insert the following subclause, the remaining subclauses being renumbered accordingly:

“(4) Where the appeal or dispute concerns agricultural land, or any other land that is under the jurisdiction of a chief, at least two of the names on the panel referred to in subsection (3) shall be that of a chief.”

 

 

MEETINGS OF COMMITTEES

                 

 

Wednesday, 22nd February, 2017

 

At 0900 hours in Committee Room No. 4.

 

Human Rights: Hon. Sen. Rtd Gen. Nyambuya M.-(Chairperson) Hon. Sen.  Buka F,  Hon. Sen. Carter M,  Hon. Sen. Charumbira Chief, Hon. Sen. Chimhini D.A, Hon. Sen. Chipanga T, Hon. Sen. Chisunga Chief, Hon. Sen. Gampu IV Chief, Hon. Sen. Machingaifa T, Makone T, Hon. Sen. Makore J, Hon. Se. Makwarimba C, Hon. Sen., Hon. Sen. Maluleke O.  Hon. Sen. Manyeruke J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mtshane Chief, Hon. Sen. Muchenje V, Hon. Sen. Muronzi M, Hon. Sen. Musaka M.B, Hon. Sen. Nebiri Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Nyangazonke Chief, Hon. Sen. Siansali Chief,

Hon. Sen. Sibanda B, Hon. Sen. Sinampande H. (Committee Clerk—Mr. S. Manhivi)

 

 

Thursday, 23rd February, 2017

 

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 Committee Room No.413

 

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. Murwira T, 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)

 

 

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