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SENATE VOTES 24 NOVEMBER 2021 NO 15

ADVANCE COPY‑UNCORRECTED

No. 15

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF THE SENATE

_________________                              

 

FOURTH SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 24TH NOVEMBER, 2021

_________________

Half past Two o’clock p.m.

Deputy President of the Senate in the Chair.

Prayers.

 

Members Present

 

Baipai E

Charumbira Chief F

Chifamba J

Chikwaka Chief

Chimbudzi A

Chinake V

Chirongoma J M

Chisorochengwe T

Chitanga Chief

Chundu -Mbasera Chief

Denga P

Dube A

Dube M R

Femai M

Gumpo S

Gweshe K

Hungwe J D

Hungwe S O

Kambizi E

Khupe W

Mabika D

Makone T M

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

Mtshane L K Chief

Ndlovu C

Ndlovu D M

Ndlovu M

Ndlovu P

Nechombo Chief

Nembire Chief

Ngungumbane Chief

Nhema Chief

Ntabeni Chief

Nyambuya M R

Nyangazonke Chief

Nyathi R

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.

  1. The Deputy President of the Senate informed the Senate that there will be a virtual Lighting Ceremony of Parliament to commemorate the 16 days of Activism Against Gender Based Violence, to be held on Wednesday, 24th November, 2021 from 1800 hours to 1900 hours and that the Zoom link will be shared through email for Members to follow on the proceedings virtually.

  1. Sen. Mathuthu, seconded by Hon. Sen. Tongogara, moved: That Order of the Day Nos. 1 and 2, for today, stand over, until Order of the Day No. 9 has been disposed of.

 

Motion put and agreed to.

  1. Adjourned debate on motion on the increase of gender based violence since the outbreak of Covid 19 – (Adjourned 23rd November 2021- Sen. Chimbudzi)

                                                                                                            [Day elapsed: 1]

Question again proposed: That this House-

NOTING with concern that since the outbreak of COVID 19 there has been a sharp increase of gender-based violence (GBV) especially domestic violence in the country;

AWARE that Zimbabwe is a signatory of UN international and regional treaties and protocols against GBV, amongst them CEADW, SADC Protocol on Gender and Development;

ACKNOWLEDGING the United Nations Secretary-General’s UNiTE by 2030 to End Violence against Women campaign (UNiTE campaign) that calls for global actions to increase awareness, galvanize advocacy efforts, to end GBV;

Aware that this year’s theme for 16 Days of Activism against Gender-Based Violence, which will run from 25 November to 10 December 2021, is “Orange the world: End violence against women now!”

RECOGNIZING the efforts that the government has been taking to curb the scourge of GBV through policies and activities in provinces and districts;

WORRIED that if urgent measures are not taken to reduce the prevalence of GBV, there is real risk that GBV will be a real pandemic within the COVID 19 crisis;

NOW, THEREFORE, CALLS upon the Executive to do more to curb GBV among communities by, among others

  • deploying more GBV mobile services in districts and provinces; and
  • building more safe houses – Sen. Chimbudzi

 

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

    adjourned until tomorrow.

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 23rd November, 2021- Sen. Kambizi)

                                                                                                            [Days elapsed: 15]

     

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. Mathuthu, seconded by Hon. Sen. Chirongoma: Debate

     adjourned until tomorrow.

 

  1. Adjourned debate on motion on the Report of the 49th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – (Adjourned 23rd November 2021- Sen. Mathuthu)

 [Days elapsed: 7]

Question again proposed: That this House takes note of the Report of the 49th 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. Mathuthu, seconded by Hon. Sen. A. Dube: Debate

    adjourned until tomorrow.

 

  1. Adjourned debate on motion on the importance of a sound road network - (Adjourned 23rd November 2021- Sen. Mabika)

[Days elapsed: 8]

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,

  1. 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
  2. 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. S. Mpofu: Debate

    adjourned until tomorrow.

  1. Adjourned debate on motion on grave and rapid environmental damage - (Adjourned 23rd November 2021- Sen. Mathuthu)

[Days elapsed: 8]

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;

  1. Enacts laws that culminate in deterrent sentences being meted out to all culprits found committing crimes that damage the environment;
  2. 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;
  3. 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. Tongogara: Debate

    adjourned until tomorrow.

 

  1. Adjourned debate on motion on the untimely death of Honourable Senator Rejoice Timire – (Adjourned 23rd November 2021- Sen. Mathuthu)

 [Days elapsed: 9]

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. Mathuthu, seconded by Hon. Sen. Tongogara: Debate

    adjourned until tomorrow.

 

  1. Adjourned debate on motion on challenges faced by children with incarcerated mothers – (Adjourned 23rd November 2021- Sen. Mathuthu)

 [Days elapsed: 9]

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;

  1. 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
  2. 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
  3. 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
  4. 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. A. Dube: Debate

     adjourned until tomorrow.

  1. On the motion of Hon. Sen. Mathuthu, seconded by Hon. Sen. Chirongoma: The

    Senate adjourned at nineteen minutes past five o’clock pm.

 

 

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

                                                                                                   Deputy President of the Senate.

 

                     THURSDAY, 25TH 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 11th November 2021]

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

      charge of Implementation and Monitoring to inform the House the measures put in place

      to provide spare parts for boreholes that require servicing.

                                                                                                                           [Deferred 11th November 2021]

*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 11th 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 11th 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 11th 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 11th 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 11th 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 11th 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 11th 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 11th November 2021]

 

 

ORDERS OF THE DAY

 

  1. Adjourned debate on motion on the increase of gender based violence since the outbreak of Covid 19 – (Adjourned 24th November 2021- Sen. Chimbudzi)

                                                                                                            [Days elapsed: 2]

Question proposed: That this House-

NOTING with concern that since the outbreak of COVID 19 there has been a sharp increase of gender-based violence (GBV) especially domestic violence in the country;

AWARE that Zimbabwe is a signatory of UN international and regional treaties and protocols against GBV, amongst them CEADW, SADC Protocol on Gender and Development;

ACKNOWLEDGING the United Nations Secretary-General’s UNiTE by 2030 to End Violence against Women campaign (UNiTE campaign) that calls for global actions to increase awareness, galvanize advocacy efforts, to end GBV;

Aware that this year’s theme for 16 Days of Activism against Gender-Based Violence, which will run from 25 November to 10 December 2021, is “Orange the world: End violence against women now!”

RECOGNIZING the efforts that the government has been taking to curb the scourge of GBV through policies and activities in provinces and districts;

WORRIED that if urgent measures are not taken to reduce the prevalence of GBV, there is real risk that GBV will be a real pandemic within the COVID 19 crisis;

NOW, THEREFORE, CALLS upon the Executive to do more to curb GBV among communities by, among others

  • deploying more GBV mobile services in districts and provinces; and
  • building more safe houses – Sen. Chimbudzi

 

  1. Adjourned debate on motion on the Report of the 49th Plenary Assembly Session of the SADC - Parliamentary Forum held virtually from 25 to 27 June 2021 – (Adjourned 24th November 2021- Sen. Mathuthu)

 [Days elapsed: 8]

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

 

  1. Adjourned debate on motion on the importance of a sound road network - (Adjourned 24th November 2021- Sen. Mabika)

[Days elapsed: 9]

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;

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,

  1. 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
  2. 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.

  1. Adjourned debate on motion on grave and rapid environmental damage - (Adjourned 24th November 2021- Sen. Chirongoma)

[Days elapsed: 9]

Question 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;

  1. Enacts laws that culminate in deterrent sentences being meted out to all culprits found committing crimes that damage the environment;
  2. 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;
  3. 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.

 

  1. Adjourned debate on motion on the untimely death of Honourable Senator Rejoice Timire – (Adjourned 24th November 2021- Sen. Mathuthu)

[Days elapsed: 10]

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.

 

  1. Adjourned debate on motion on challenges faced by children with incarcerated mothers – (Adjourned 24th November 2021- Sen. Chirongoma)

[Days elapsed: 10]

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;

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;

  1. 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
  2. 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
  3. 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
  4. 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

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 24th November, 2021- Sen. Kambizi)

                                                                                                            [Days elapsed: 16]

     

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

  1. 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).

 

(Clause 16 under consideration)

 

(See Notice of Amendments)

 

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

_________________________________________________________________________

                                               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”.

 

 

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