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SENATE VOTES 4 MAY 2021 NO 38

 

ADVANCE COPY-UNCORRECTED

 

 

No. 38

 

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF THE SENATE

 

_________________

 

THIRD SESSION – NINTH PARLIAMENT

_________________

 

TUESDAY, 4TH MAY, 2021

_________________

 

 

Deputy President of the Senate in the Chair.

Half past Two o’clock pm.  
 

PRAYERS.

 

Members Present

   
Charumbira Chief. F Chidawo O.

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 J.D

Hungwe S. O.

Kambizi E.

Khumalo N.M Khupe W.

Komichi M.

Mabika D.

Makone T.M

Makumbe Chief

Malinga J.T

Maluleke O.M

Mapungwana Chief.

Masendu Chief

 
Mavetera T.

Mathema C. Mathupula Chief Mathuthu T.

Matiirira A. Matsiwo Chief Matuke L.

Mavhunga M.

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

Ngezi Chief

Ngungumbane Chief

Nhema Chief

Ntabeni Chief

Nyambuya M.R

Nyangazonke Chief

Nyathi R

Parirenyatwa D.P Phugeni K.

Rwambiwa E.

Sekeramayi S.T

Shava F.M

Shumba C. Siansali Chief Timire R.

Tongogara A. K.

Tsomondo B.

 

 

 

 

 

In attendance in terms of section 138(4) of the Constitution.

 

 

Hon Ziyambi Z.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the Senate

 

 

2

 

 

Absent with leave

 

 

  1. The Minister of Foreign Affairs and International Trade moved: That Notices of Motions and Orders of the Day Nos.  1 to 8, for today, stand over until Order No. 9 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion on the Report of the Parliamentary Leadership for the 2030 Agenda Webinar Series (Adjourned 20th April, 2021- Sen. Muzenda)

 

[Days elapsed: 11]

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

 

On the motion of Hon. Sen. Muzenda seconded by Hon. Sen. Mohadi: Debate adjourned until tomorrow.

 

 

  1. Adjourned debate on motion on the Report of the Joint Portfolio Committee on

Youth, Sport, Arts and Recreation and the Thematic Committee on Indigenisation and

           Empowerment (Adjourned 20th April, 2021- Hon. Sen. Mbohwa)

 

[Days elapsed: 12]

 

Question again 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.

 

On the motion of Hon. Sen. Mbohwa seconded by Hon. Sen. Mohadi: Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion on the road rehabilitation programme countrywide (Adjourned 20th April, 2021- Hon. Sen. Chimbudzi)

 

[Days elapsed: 14]

Question again 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;

  1. 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;
  2. 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
  3. 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.

 

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 moved: That the Senate              reverts to Order of the Day No.3.

 

Motion put and agreed to.

 

  1. THIRD READING: Constitution of Zimbabwe Amendment (No. 2) Bill, (H.B. 23A, 2019)- The Minister of Justice, Legal and Parliamentary Affairs.

 

DEPUTY PRESIDENT OF THE SENATE: Section 328 subsection 5 of the Constitution of Zimbabwe provides that a Constitutional Bill must be passed, at its last reading in the National Assembly and the Senate, by the affirmative votes of two-thirds of the membership of each House.

 

In order to comply with the provisions of Section 328 subsection 5 it is necessary that                     the number of affirmative votes cast by Honourable Senators be recorded.

 

I, therefore, direct that the bells be now rung after which the votes of Honourable      Senators will be counted.

 

Ayes – 65 Charumbira Chief; Chidawu O.; Chifamba J.; Chikwaka Chief;

Chimbudzi A.; Chimutengwende C.; 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.;

Mabika D.; Makumbe Chief; Malinga J.T.; Maluleke O. M;

Mapungwana Chief; Masendu Chief; Mathema C.; Mathuphula Chief; Mathuthu T.;

Matiirira A.; Matuke L.; Mavhunga M.; Mavima L.D.; Mbohwa M.; Mkwebu A. ; Moeketsi V.; Mohadi T.B.Moyo G.; Moyo S.K.; Mpofu S.; Mupfumira;

Munzverengwi A.; Muronzi M.; Mutsvangwa M.; Muzenda T.V.; Mtshane L.K.

Chief; Nechombo Chief; Nembire Chief; Ndlovu D. M.; Ndlovu M.; Ngezi Chief;

Ngungumbane Chief; Nhema Chief; Ntabeni Chief; Nyangazonke Chief; Nyati R.; Parirenyatwa D,P.; Sekeramayi S. T.; Shava F.M.; Shumba C.; Siansali Chief; Timire R.; Tongogara A. K.; Tsomondo B.

Tellers:- Muzenda T.V; Mavetera Dr; Mathuthu T; Dube M.R

 

 

Noes- 10 Chinake V.; Mpofu B.; Komichi M.; Mavetera T. Dr.; Moyo T.; Mudzuri E.; Mwonzora D.T; Ndlovu C.; Phugeni K.; Rwambiwa E.

Tellers:- Muzenda T.V; Mavetera Dr; Mathuthu T; Dube M.R

 

 

 

DEPUTY PRESIDENT OF THE SENATE: The results of the count is that 65 Honourable Members have voted in favour of the Third Reading of the Bill and 10 have voted against the Bill. The number of affirmative votes recorded, 65, is not less than the two thirds votes required.

 

I, therefore, declare the Constitution of Zimbabwe Amendment (No. 2) Bill (H.B23A, 2019)  to have been dully passed in accordance with the provisions of Section 328 subsection 5 of the Constitution of Zimbabwe.

 

Bill read a third time.

 

 

  1. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The Senate adjourned at a half past three o’clock pm until Tuesday, 18th May, 2021 at a half past two o’clock in the afternoon.

 

 

 

HON. SEN. LT. GEN, (RTD) M. R. NYAMBUYA,                                  Deputy President of the Senate.

 

 

TUESDAY, 18TH MAY, 2021

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

 

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

 

[Days elapsed: 14]

 

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.

 

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

[Days elapsed: 14]

 

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.

 

  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)

 

 

 

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

[Days elapsed: 5]

 

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. FEMAI

HON. SEN. DR. MAVETERA

 

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.

 

  1. Adjourned debate on motion on the Report of the 2021 Virtual Parliamentary Hearing at the United Nations (Adjourned 22nd April 2021- Sen. Muzenda)

 

[Days elapsed: 6]

 

Question 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.

 

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

Cases of Alleged Misconduct by MDC Alliance Members of Parliament (Adjourned 20th April, 2021-Hon. Sen. Muzenda)

 

[Days elapsed: 11]

 

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 20th April, 2021Hon. Sen. Chief Mtshane)

[Days elapsed: 11]

 

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 Webinar Series (Adjourned 4th May, 2021- Sen. Muzenda)

 

[Days elapsed: 12]

 

 Question proposed: That this House takes note of the Report on the Parliamentary Leadership for the 2030 Agenda Webinar 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 on Indigenisation and     Empowerment (Adjourned 4th May, 2021- Hon. Sen. Mbohwa)

 

[Days elapsed: 13]

 

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 4thMay, 2021- The Minister of Justice, Legal and Parliamentary    Affairs)

 

[Days elapsed: 15]

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;

  1. 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;
  2. 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
  3. 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.

 

 

THURSDAY, 20TH MAY, 2021

 

QUESTIONS FOR ORAL ANSWERS

 

*QUESTIONS WITHOUT NOTICE.

 

*QUESTIONS WITH NOTICE.

 

*1. 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 22nd March 2021]

 

*2. 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.

 

 

 

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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