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SENATE VOTES 24 MARCH 2021 28

 

ADVANCE COPY-UNCORRECTED

 

 

No. 28

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF THE SENATE

 

_________________

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 24TH MARCH, 2021

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President of the Senate in the Chair.

 Half past Two o’clock pm.
 

PRAYERS.

 

Members Present

 
Charumbira Chief Chifamba J. Chikwaka Chief Chimbudzi A.

Chimutengwende C.

Chinake V.

Chirongoma J. M.

Chisorochengwe T.

Chitanga Chief

Chundu Chief

 Denga P.

Dube A.

Dube M. R.

Femai M.

Gumpo S

Gweshe K.

Hungwe S. O.

Kambizi E.

Khumalo N.

Khupe W.

 Komichi M.

Mabika D.

Makone T.M.

Makumbe Chief

Maluleke O. M

Mapungwana Chief

Masendu Chief Mavetera T.

Mathuthu T.

Matiirira A.
Matsivo Chief Mavhunga M.

Mbohwa M.

Mkwebu A.

Moeketsi V.

Mohadi T. B.

Moyo G.

Moyo T.

Mpofu B.

Mpofu S.

Mudzuri E.

 Mupfumira P.

Muronzi M.

Muzenda T. V. Mtshane L. K. Chief Ndlovu D. M.

Ndlovu P.

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. Siansali Chief 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. Sen. Muzenda, seconded by Hon. Sen. Mohadi, moved: That Notices of Motions Nos. 1 to 4 and Order of the Day No. 5, for today, stand over until Order of the Day No. 6 has been disposed of.

 

Motion put and agreed to.

 

  1. Samukange seconded by Hon. Sen. O. S. Hungwe moved:

 

That this House considers and adopt the Report of the Privileges Committee Investigating Cases of Alleged Misconduct by MDC Alliance Members of

Parliament.

 

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until tomorrow.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, with leave, moved: That the Third Reading of the Constitution of Zimbabwe Amendment (No. 1) Bill (H.B. 1A, 2017) be restored on the Order Paper in terms of Standing Order No. 160.

 

Motion put and agreed to.

 

  1. Sen. Chief Mtshane, seconded by Hon. Sen. Muzenda, moved: 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). 

 

On the motion of Hon. Sen. Chief Mtshane, seconded by Hon. Sen. O. Hungwe: Debate adjourned until tomorrow.

 

  1. On the motion of Hon. Sen. Chief Charumbira, seconded by Hon. Sen. Chimbudzi: The Senate adjourned at twelve minutes to five o’clock pm.

 

HON. M. M. CHINOMONA,                                   President of the Senate.

 

 

THURSDAY, 25TH MARCH 2021

 

QUESTIONS FOR ORAL ANSWERS

 

*QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

*1. Hon. Sen. Tongogara: To ask the Minister of Primary and Secondary Education to inform the House measures being put in place to protect teachers and students in rural areas in light of the COVID-19 pandemic.

 

[Deferred 4th March 2021]

 

*2. Hon. Sen. Tongogara: To ask the Minister of Public Service, Labour and Social Welfare to inform the House when the National Disability Policy to alleviate the plight of people living with disability will be enacted into law.

 

[Deferred 4th March 2021]

 

*3. Hon. Sen. Tongogara:  To ask Minister of Defence and War Veterans Affairs to inform the House

  1. The criteria used by government on the status of those people who are accorded liberation hero status.
  2. Why war veterans who joined the armed struggle in the early 1970s are vetted by those who joined the armed struggle in the late 1970s.

 

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

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

Cases of Alleged Misconduct by MDC Alliance Members of Parliament (Adjourned 24th March, 2021-The Minister of Justice, Legal and Parliament Affairs)

 

[Day elapsed: 1]

 

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.

 

  1. Adjourned debate on motion on the Report of the Thematic Committee on Sustainable

Development Goals (SDGs) on Veld Fire Management (Adjourned 24th March, 2021-Hon. Sen. Chief Mtshane)

[Day elapsed: 1]

 

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.

 

  1. Adjourned debate on motion on the Report of the Parliamentary Leadership for the 2030 Agenda Webnar Series (Adjourned 23rd March, 2021- Sen. Muzenda)

 

[Day elapsed:2]

 

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

 

  1. Adjourned debate on motion on the Report of the Joint Portfolio Committee on Youth, Sport, Arts and Recreation and the Thematic Committee (Adjourned 23rd

March, 2021- Hon. Sen. Mbohwa)

 

[Days elapsed: 3]

 

Question 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.

 

  1. Adjourned debate on motion on the road rehabilitation programme countrywide (Adjourned 23rd March, 2021- Sen. Mohadi)

 

[Days elapsed: 5]

Question proposed: That this House,

COGNISANT that the road network is an indispensable component of economic and social development of the country;

DISTURBED that our country`s roads have badly deteriorated owing to very heavy downpours experienced in most parts of the country, a situation that has left most roads resembling death traps for motorists;

CONCERNED that roads all over the country are characterised by numerous potholes, damaged bridges, completely washed away surfaces, thick shrubs and tall grass along the sides thereby affecting visibility of motorists;

FURTHER CONCERNED that the challenges faced along the country`s roads have not only affected service delivery and human transportation in general, but have culminated in loss of human and livestock lives including colossal damages to property;

NOW, THEREFORE, RESOLVES that the Ministry of Transport and Infrastructural Development;

  1. embarks on a massive road rehabilitation programme countrywide by 30 September, 2021;
  2. prioritizes strategic roads that play a crucial role in the in the promotion of tourism and investment the conveyance of goods, essential services including resources which play an integral part in the country`s economic growth;
  3. properly maintains the road infrastructure throughout the year if economic benefits are to be realized and communication with other countries in the region is to remain open and viable; and
  4. clears shrubs and tall grasses along the country`s highways all the time so that the prevalence of accidents due to poor visibility is reduced- Sen. Chimbudzi.

 

  1. Adjourned debate on motion on the Report of the 47th Plenary Assembly Session of the SADC-Parliamentary Forum, held virtually on 9th October 2020 (Adjourned 23rd March, 2021 - Sen. Muzenda)

 

[Days elapsed: 14]

 

Question proposed: That this House takes note of the Report of the 47th Plenary Assembly Session of the SADC-Parliamentary Forum, held virtually on 9th October

2020 – Hon. Sen. Mohadi

 

  1. Adjourned debate on motion on the Report of the Zimbabwe Delegation to the

5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE) (Adjourned 23rd March, 2021- Hon. Sen. Muzenda)

 

[Days elapsed: 16]

 

Question proposed: That this House takes note of the Report of the Zimbabwe Delegation to the 5th Annual General Meeting of the African Parliamentarians Network on Development Evaluation (APNODE) held from 28th to 30th August 2019 in Abidjan, Cote D’ivoire- Hon. Sen. Chief Nechombo.

 

  1. Adjourned debate on motion on the Report of the Extraordinary Session of the Council     of the Inter-Parliamentary Union (Adjourned 23rd March, 2021- Sen. Muzenda)

 

[Days elapsed: 20]

             

Question proposed: That this House takes note of the Report on the Virtual Extraordinary Session of the Council of the Inter-Parliamentary Union (IPU) conducted from 1 to 3 November, 2020- Hon. Sen. Muzenda.

 

 

9 THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

That this House takes note of the Report of the National Prosecuting Authority of Zimbabwe for the year 2019, presented to this House in terms of Section 262 of the Constitution.

 

[Days elapsed: 6]

  1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

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.

[Days elapsed: 6]

 

  1. THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT:

 

THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which 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 Government of Zimbabwe and the

Arab Bank for Economic Development in Africa (BADEA) relating to Urgent Response Operation to Fight Covid 19 concluded 28 August 2020 to be implemented through the Ministry of Health and Child Care; and

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

[Day elapsed: 2]

 

  1. THE MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT:

 

THAT WHEREAS, Subsection (3) of Section 327 of the Constitution of Zimbabwe provides that an Agreement which is not an international treaty but which 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 Government of Zimbabwe and the

Export - Import Bank of India relating to Hwange Units Thermal Power Station Life

Extension Project being implemented by Zimbabwe Power Company concluded on 24 February 2020; and

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

 

[Day elapsed: 2]

 

  1. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:

 

THAT WHEREAS Section 139 of the Constitution of Zimbabwe Amendment Act (No. 20) provides that the proceedings of the Senate and National Assembly are regulated by rules known as Standing Orders, which are made by the Houses individually or jointly on the recommendation of the Committee on Standing Rules and Orders;

 

NOW THEREFORE, in terms of the Constitution, this House resolves that the Virtual Standing Orders be adopted.

 

  1. Adjourned debate on motion on the SECOND READING of the Marriages Bill (H. B.7A,                2019) (Restored 5th November, 2020 –The Minister of Justice, Legal and                          Parliamentary Affairs).

           

 

Question proposed: That the Marriages Bill (H.B.7A, 2019) be read a second time –      The Minister of Justice, Legal and Parliamentary Affairs. 

 

  1. THIRD READING: Constitution of Zimbabwe Amendment (No.1) Bill (H. B.1A,                 2017) (Restored 24th March, 2021 –The Minister of Justice, Legal and                           Parliamentary Affairs).

 

 

NOTICE OF AMENDMENTS

 

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

AMENDMENT OF CLAUSE 16 (SOLMENIUSATION 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:

“(4)  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 CLAUSES SUBSTITUTED FOR CLAUSE 16

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

Delete Clause 17 on page 8 of the Bill and substitute the following clause:⎯

17        Unregistered customary law unions

  • 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 by the parties to such marriage within five years of the date the union was entered into or as soon thereafter as is possible.
  • Subject to subsection (3), 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 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.
  • No marriage officer shall solemnise and register a marriage under this section unless the parties to the proposed marriage produce to the marriage officer⎯
  • 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
  • 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)

  • 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.
  • 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 (SOLMENIUSATION 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:

“(4)  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 41 (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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