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SENATE VOTES 28 JULY 2021 NO 53

 

ADVANCE COPY-UNCORRECTED

 

 

No. 53

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF THE SENATE

 

_________________

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

WEDNESDAY, 28TH JULY, 2021

_________________

 

 

 

Deputy President of the Senate in the Chair.

 Half past Two o’clock pm.  
 

PRAYERS.

 

Members Present

 
Baipai E.

Charumbira Chief F.

Chifamba J.

Chikwaka Chief.

Chimbudzi A.

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 J.D.

Hungwe S.O.

Kambizi E. Khumalo N.M Khupe W.

Komichi M.

Mabika D.

Makone T.M

Makumbe Chief

Maluleke O.M

 Mapungwana Chief.

Masendu Chief Mathupula Chief Mathuthu T.

Matiirira A. Matsiwo Chief Mavetera T. Mavima L.D Mbohwa M.

Mkwebu A.  Moeketsi V.

Mohadi T.B Moyo G.

  
Moyo S. K.

Moyo T.

Mpofu B.

Mpofu S.

Mudzuri E. Munzverengwi A Mupfumira P.

Muronzi M.

Mutsvangwa M.

Muzenda T.V

Mtshane L.K Chief

Mwonzora T.D

 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.

 Parirenyatwa D.P.

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

2

 

 

Absent with leave

 

  1. The Minister of Information Communication Technology, Postal and Courier Services moved: That Notices of Motions and Orders of the Day Nos. 1 to 4, for today, stand over, until Order of the Day No. 5 has been disposed of.

 

Motion put and agreed to.

 

  1. COMMITTEE: Cyber and Data Protection Bill (H.B. 18A, 2019)-The Minister of Information Communication Technology, Postal and Courier Services.

 

                                                            (House in Committee)

 

Clauses 1 to 38, put and agreed to.

 

Bill to be reported without amendment.

 

(House resumed)

 

Bill reported without amendment.

 

Third reading, with leave, forthwith.

 

Bill read a third time.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That the House reverts to Notice of Motion No. 1.

Motion put and agreed to.

  1. The Minister of Justice, Legal and Parliamentary Affairs moved: That WHEREAS subsections (5) and (6) of section 280 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. provide that if the Minister of Justice, Legal and Parliamentary Affairs wishes to give effect to a Statutory Instrument to replace the First Schedule (“Standard Scale of Fines”) to that Act (by reason of a change in the purchasingpower of money or for any other reason), he must lay the drafty statutory instrument before Parliament, and that the statutory instrument shall not come into force unless approved by resolution of Parliament;

AND WHEREAS the Minister of Justice, Legal and Parliamentary Affairs has, in terms of subsection (5) of the said section 280, made the Criminal Law (Codification and Reform) (Standard Scale of Fines) Notice, 2021, on the 21st July , 2021;

AND WHEREAS the said Statutory Instrument was, in accordance with subsection (5) of the said section 280, laid before Parliament on the 27th July, 2021:

NOW, THEREFORE, this House resolves that the said statutory instrument be and is hereby approved.

Motion put and agreed to.

 

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That this House takes note of the Zimbabwe Human Rights Commission Report on the National Inquiry on             Access to Documentation in Zimbabwe, presented to this House in   terms of Section          244 (2) of the Constitution.

 

Motion, with leave, withdrawn.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs moved: That this House takes note of the Report of the Zimbabwe Human Rights Commission for the year 2020, presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe.

 

Motion, with leave, withdrawn.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs, moved: That Orders of the Day and Notice of Motion Nos. 4 to 7, for today, stand over, until Oder of the Day No. 20 has been disposed of.

 

Motion put and agreed to.

 

  1. Sen. Chimbudzi, seconded by Hon. Sen. Muzenda, moved: That Notice of Motion No. 8 be deferred to Tuesday 3rd August, 2021.

 

Motion put and agreed to.

 

  1. Sen. Chief Makumbe,seconded by Hon. Sen. Chief Chikwaka, moved: That Notice of Motion No. 9, for today, stands over, until Order of the Day No. 20 has been disposed of.

 

Motion put and agreed to.

 

  1. Sen. Chief Makumbe seconded Hon. Sen. Chief Chikwaka, moved: That Notice of Motion No. 10, for today, stands over, until Order of the Day No. 20 has been disposed of.

 

Motion put and agreed to.

 

 

  1. Adjourned debate on motion on the heroics of Mbuya Nehanda (Adjourned 27th July

         2021 – The Minister of Information Communication Technology, Postal and           Couriers  Services) 

 

[Day elapsed: 1]

           Question again proposed: That this House

 

INSPIRED by the heroics of the legendry Nyakasikana Mbuya Nehanda in the fight against colonialism and oppression during the First Chimurenga war.

COGNISANT that Mbuya Nehanda, as a woman of valor selflessly sacrificed herself to challenge the evil forces of colonialism to the point where she was caught and hanged by the ruthless and callous imperialists who had the audacity to publicly lynch a defenseless woman.

NOW, THEREFORE, RESOLVES to;

  1. Applaud the government for recognizing and honoring Mbuya Nehanda by erecting the magnificent statue of the iconic heroine in the city of Harare for all future generations and tourists to see and admire;
  2. Call upon all the people of this country to draw motivation and inspiration from the role played by Mbuya Nehanda which culminated in the Second Chimurenga and the ultimate liberation of our citizens;
  3. Implore historians to preserve and author undiluted and unbiased literature on the role of other heroines who emulated Mbuya Nehanda and have continued to keep the glowing fire of the spirit of patriotism which was ignited by our iconic leader – Sen. Kambizi

 

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

  1. Sen. Muzenda, seconded by Hon. Sen. Mathuthu, moved: That Orders of the Day Nos. 12 to 16, for today, stand over, until Order of the Day No. 20 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion on the Report of the 2021 Virtual Parliamentary Hearing at the United Nations (Adjourned 15th June, 2021- Sen. Muzenda)

 

[Days elapsed: 18]

 

Question again proposed: That this House takes note of the Report of the 2021 Virtual Parliamentary Hearing at the United Nations under the theme, “Fighting Corruption to

Restore Trust in Government and Improve Development Prospects,” held on 17th and 18th February 2021- Hon. Sen. Muzenda.

 

Motion, with leave, withdrawn.

 

  1. On the motion of Hon. Sen. Muzenda, seconded by Hon. Sen. Chimbudzi: The Senate adjourned at twenty-seven minutes past four o’clock pm.

 

 

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

Deputy President of the Senate.

 

 

 

 

 

THURSDAY, 29TH JULY, 2021

 

 QUESTIONS FOR ORAL ANSWERS

 

v QUESTIONS WITHOUT NOTICE

 

*QUESTIONS WITH NOTICE

 

*1.        HON. SEN. MABIKA: To ask the Minister of Public Service, Labour and Social Welfare to inform the House how long it takes to declare a pauper’s burial considering the increasing numbers of unclaimed bodies in Chipinge and the unbearable stench that is emitted out of such mortuaries.

 

[Transferred 22 July 2021]

 

* 2. HON. SEN. C. NDLOVU: To ask the Minister of Transport and Infrastructural          Development to appraise the House;

 

  1. Why progress on the Nkayi to Bulawayo road has continued to be stalled for a period of over 30 years.
  2. Whether the ministry is aware that the 35km stretch of that road, were attempts were made at constructing it has deteriorated before it can even be commissioned.
  3. On when the resumption of the project will commence considering that the community in that area is heavily dependent on that road for their economic livelihoods.

                                                                        [Deferred 22 July 2021]

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

 

  1. HON. SEN. DR. PARIRENYATWA   HON. SEN. NGUNGUMBANE

[Days elapsed: 17]

 

That this House takes note of the Joint Portfolio Committee on Local Government,    Public Works and National Housing and the Thematic Committee on Peace and    Security on the Assessment of progress made in areas affected by floods and on    construction of Covid-19 Treatment, Quarantine and Isolation facilities (S. C. 14    2021).

 

 

  1. HON. SEN. CHIEF. MTSHANE

HON. SEN. T. MUZENDA

 

[Days elapsed: 9]

 

That this House takes note of the Thematic Committee on Sustainable      Development Goals on the Provision of Quality Education, Sanitisation and Hygiene           Management in Schools (S. C. 15, 2021).

 

  1. HON. SEN. CHIEF NGUNGUMBANE      HON. SEN. TONGOGARA

 

That this House takes note of the First Report of the Thematic Committee on HIV and AIDS on the study visit to Uganda on HIV and AIDS Management and financing (S.C. 27, 2021).

 

  1. Adjourned debate on motion on the heroics of Mbuya Nehanda (Adjourned 28th July 2021 – Sen. Kambizi)

 

[Days elapsed: 2]

           Question proposed: That this House

 

INSPIRED by the heroics of the legendry Nyakasikana Mbuya Nehanda in the fight against colonialism and oppression during the First Chimurenga war.

COGNISANT that Mbuya Nehanda, as a woman of valor selflessly sacrificed herself to challenge the evil forces of colonialism to the point where she was caught and hanged by the ruthless and callous imperialists who had the audacity to publicly lynch a defenseless woman.

NOW, THEREFORE, RESOLVES to;

  1. Applaud the government for recognizing and honoring Mbuya Nehanda by erecting the magnificent statue of the iconic heroine in the city of Harare for all future generations and tourists to see and admire;
  2. Call upon all the people of this country to draw motivation and inspiration from the role played by Mbuya Nehamda which culminated in the Second Chimurenga and the ultimate liberation of our citizens;
  3. Implore historians to preserve and author undiluted and unbiased literature on the role of other heroines who emulated Mbuya Nehanda and have continued to keep the glowing fire of the spirit of patriotism which was ignited by our iconic leader – Sen. Kambizi

 

 

  1. Adjourned debate on motion on the Report of the 65th Session of the Commission on the Status of Women (Adjourned 21st July 2021 – Sen. Chief Ndlovu)

                                                                                       [Days elapsed: 4]

 

Question proposed: That this House takes note of the Report of the 65th Session of the Commission on the Status of Women on women’s full and effective participation and decision making in public life as well as the elimination of violence for achieving gender equality and the empowerment of all women and girls held virtually from 15th to 26th March 2021 – Hon. Sen. Chief Ndlovu.

 

 

  1. Adjourned debate on motion on the theft of livestock (Adjourned 21st July 2021 – Sen. A Dube)

 

[Days elapsed: 3]

           Question proposed: That this House

 

MINDFUL that livestock production is the pillar of economic growth among communal farmers in Zimbabwe;

ALSO MINDFUL that livestock provide meat, draught power and are a symbol of security and wealth for most families in the country;

DISTURBED by the diabolical practice of livestock theft to satisfy the selfish gains of criminal individuals;

CONCERNED that the unabated criminal activities by such social misfits does not only reverse the progressive gains of our communities but plunges our communities into object poverty as these thieves operate day and night; NOW, THEREFORE, calls upon:

  1. The Ministry of Home Affairs and Cultural Heritage to enforce penalties that apply whenever livestock has been stolen.
  2. The Judicial System should ensure that those found guilty of stealing livestock be brought to book regardless of their social and economic standing.
  3. Parliament to legislate for more stringent penalties to discourage all those contemplating engaging in such heinous and despicable activities – Sen. A. Dube

 

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

 

[Days elapsed: 7]

 

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

 

 

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

 

[Days elapsed: 9]

 

Question proposed: That this House;

 

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

 

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

 

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

 

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

 

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

 

NOW, THEREFORE, calls upon;

 

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

 

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

 

[Days elapsed: 10]

 

Question proposed: That this House;

 

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

 

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

 

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

 

NOW, THEREFORE, CALLS upon the Executive to:

 

  1. Ensure that Football Clubs such as Dynamos and other community teams are adequately resourced from the fiscus in view of the revenue that they bring in whenever they play at venues administered by local authorities.
  2. Consider bringing normalcy in the administration of football in the country considering that our national team has become our flag bearers by qualifying for the Africa Cup of Nation (AFCON) showcase.
  3. Put in place legislation that caters for the welfare of soccer players after their playing days are over- Hon. Sen. Femai.

 

 

  1. Adjourned debate on motion on the first joint Report of the joint Thematic Committee on HIV and AIDS and Portfolio Committee on Health and Child Care on the Petition

from the Advocacy Core Team (ACT) on the age of consent to accessing reproductive health care services by adolescents and young persons in Zimbabwe (Adjourned 17th June, 2021- Hon. Sen. Kambizi)

 

[Days elapsed: 6]

 

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

 

  1. Adjourned debate on motion on the efforts by the government to stabilize the currency (Adjourned 20th July, 2021- Sen. Tongogara)

 

[Days elapsed: 5]

 

Question proposed: That this House;

 

 

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

 

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

 

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

 

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

 

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

 

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

  1. Adherence to official exchange rates; and
  2. The pricing of goods and services countrywide – Sen. Tongogara.

 

  1. Adjourned debate on motion on the sexual harassment and violence against women (Adjourned 20th July, 2021- Hon. Sen. Muzenda)

 

[Days elapsed: 5]

 

Question proposed: That this House:

 

 

AWARE that section 51 of the Constitution prescribes that every person has a right to have his or her dignity respected and protected;

 

MINDFUL that Parliament of Zimbabwe drafted and adopted an institutional Gender Policy in 2017 and 2019 respectively;

 

ALSO MINDFUL that in its conferences of 2019 and March 2021 the Commission on the Status of Women is calling for mechanisms that address sexual harassment to be put in place;

 

COGNISANT that Parliament of Zimbabwe is a member of the Inter-Parliamentary Union which recently conducted a session on sexual harassment and violence against women;

 

CONCERNED that the absence of legislation directly speaking to sexual harassment disadvantages female participation in public life;

 

NOW, THEREFORE, calls upon Parliament:

  • To implement the institutional Gender Policy;
  • To implement the Inter-Parliamentary Union Gender Sensitive Toolkit;
  • To enact legislation dealing with sexual harassment matters in all forms – Hon Mupfumira.

 

  1. SECOND READING: Forest Amendment Bill (H.B.19A, 2019)-The Minister of Environment, Climate, Tourism and Hospitality Industry

 

  1. COMMITTEE: To resume on the Marriages Bill (H. B.7A, 2019) –The Minister of                 Justice, Legal and Parliamentary Affairs) (Progress reported 21st April 2021- The      Minister of Justice Legal and Parliamentary Affairs).

 

(Clauses 16 to 54 under consideration)

 

             (See Notice of Amendments)

 

 

TUESDAY, 3RD AUGUST, 2021

 

NOTICE OF MOTION

 

HON. SEN. CHIMBUDZI

HON. SEN. A. DUBE

[Days elapsed: 8]

 

That this House,

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

Zimbabwe;

 

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

 

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

 

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

 

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

 

  1. Strengthen the health delivery system as a way of achieving universal health coverage countrywide;
  2. Allocate adequate resources for the procurement of medical supplies and the also for the provision of ambulances and other forms of transport to enhance health service delivery in the country;
  3. Consider subsidizing kidney dialysis as it is extremely expensive for our citizens who fall victim to such ailments and
  4. Provide decent accommodation to doctors as a way of motivating and incentivising them as they conduct their day to day health delivery services of saving lives of our dear Zimbabweans.

 

___________________________________________________________________________

 

NOTICE OF AMENDMENTS

 

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

AMENDMENT OF CLAUSE 16 (SOLEMNISATION OF CUSTOMARY LAW MARRAIGES)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 8 of the Bill, delete sub-clause (5) on lines 30 and 31 and substitute the following subclasses:

“(5)  A marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity of the parties to the proposed marriage, to the agreements relating to marriage consideration (lobola or roora), if any, and to the existence of impediments to the marriage.”

NEW CLAUSE SUBSTITUTED FOR CLAUSE 17

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

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

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 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.
  • 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.
  • 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 42 (CIVIL PARTNERSHIPS)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 15 of the Bill, delete sub-clause (6) on lines 30 and 31 and substitute the following subclasse:

“(6)  Where one of the parties in a civil partnership is legally married to someone else (hereinafter called the spouse), a court applying sections 7 to 11 of the Matrimonial Causes Act to the division, apportionment or distribution of the assets of the civil partnership shall pay due regard to the rights and interests of the spouse of the civil partner and ensure that its order shall not extend to any assets which are proved, to the satisfaction of the court, to be properly belonging (whether jointly or individually) to the aforesaid spouse of the civil partner”.

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