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SENATE VOTES 5 FEBRUARY 2013 NO 6

No. 6

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE SENATE

_________________                              

 

FIFTH SESSION – SEVENTH PARLIAMENT

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TUESDAY, 5TH FEBRUARY 2013

_________________

Half-past two o’clock p.m President of the Senate in the Chair.

PRAYERS.

Members Present

Charumbira                      Hlalo M.M.                     Mathuthu T. A.                Ncube S.

Chief F. Z.                        Holland S.M.                   Masaba J.                        Ndlovu N. K.

Chibagu G,                      Hungwe J.D.                    Masara S,                         Nebiri Chief,

Chidarikire F. E.              Jacob E.                           Masendu Chief,               Nembire Chief,

Chiduku Chief R.             Kabayanjiri O.                 Masuku A.                       Ngungumbane

1. Katyamaenza V.       Mathema C.  G.          Chief,   Chimbudzi A.             Mabhiza G.     Mbambo L.  Ntabeni Chief,  Chisunga Chief,         Mabika Chief Mlotshwa S.   Rugara K.

Chitaka P.                        J.T.                                   Mtshane Chief                 Shana Chief

Chitanga Chief,           Made  J.M.      L.K.     N.Z.J.,  Dandawa Chief          Makamure E. K.         Mohadi T.B. Sibanda A.

1. Makhula R. R.            Moyo S.K       Sinampande  Dete A. A.         Makore J.        Mtingwende T. H.M.

Femai M..                        Makunde T.                     Muchenje V.                   Tapela L.A.

Gampu Chief IV,        Makuyana C.  Muchihwa R.  Gaule B.         Maluleke T. H.             Mumvuri D.D.

Georgias A C                   Mandaba M. I. N.            E.

Gumbo R.E.N Marava M.      Muzerengwa T.  Gutu O. C.   Marumahoko R.          S.

                                        Printed by the Order of the Senate

Absent with leave

Hon. Sen. Chabuka, Hon. Sen. Dube J.

1. Papers laid upon the Table-

            The Minister of Finance

            IDBZ Annual Report 2011 [by Chapter 22:19]

            The Minister of Public Service

            Ministry of Public Service Annual Report 2011 [by Chapter 22:19]

2. The President of the Senate informed the Senate that the MDC-T Party had nominated Hon. Sen. Masara to serve on the HIV/AIDS and the Indigenisation and Empowerment Thematic Committees.

3. The President of the Senate further informed the Senate that the MDC-T Party had made changes to Committee membership whereby Hon. Sen. S. Ncube moves from the Thematic Committee on Peace and Security to the Thematic Committee on Human Rights.

4. The President of the Senate advised the Senate that all members of the Zimbabwe Women Parliamentary Caucus had been invited to a Strategic Planning Workshop to be held from 8^th to 11^th of February 2013 at Kadoma Ranch Hotel and Conference Centre.

5. The President of the Senate recognised the presence in the President of the Senate's Gallery of teachers and pupils from Mabelreign Girls School.

6. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 28th     November- Minister of Finance).

                                                                                   [Time elapsed: 1:18 minutes]

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. Chief Mtshane.

 

On the motion of the Governor for Matabeleland North Province: Debate adjourned until tomorrow.

7. Adjourned debate on motion on the death penalty (Adjourned 28th November- Sen. Mandaba).

                                                                                   [Day elapsed: 1]              Question again proposed:

 That this House:

 CONCERNED THAT the death penalty is inhuman and a violation of human    rights;

 COGNISANT that one hundred and fifty-one out of one hundred and ninety  three United Nations member states have abolished this practice including the

            United Nations Security Council which has rejected death sentence options by the   International Tribunal for those convicted of heinous crimes against humanity in   former Yugoslavia and Rwanda and genocide committed all over the world,

  CONSIDERING that the reduction in executions in many countries and the               abolition of the death penalty in some African countries' penal systems and that the      UN General Assembly adopted a resolution that called upon all states with death     penalties to regulate towards its elimination as a way of promoting fundamental        rights;

           Disturbed that Zimbabwe voted against all the Resolutions on the death penalty and  that there are about sixty prisoners on the death row;

NOTING

That the death penalty was introduced during the colonial era and is one of the  legacies of colonialism which needs to be completely eradicated;

NOW THEREFORE, THIS HOUSE

1. WELCOMES the steps taken to restrict the use of death penalty on persons                 as sentence.

1. CALLS UPON the Government to:

1. accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights;

1. establish a de jure moratorium on the application of the death penalty aimed at its  definitive abolition; and

1. reverse the negative vote shown in the past on the new resolution Calling for a moratorium of the death penalty set for December this          year at the 67^thUnited Nations General Assembly and to vote in favour-      Sen. Marava.

On the motion of the Governor for Matabeleland North Province: Debate adjourned until  tomorrow.

8. On the motion of Governor for Matabeleland North Province: The Senate adjourned at

        fourteen minutes past three o’clock o’clock p.m.

1. MADZONGWE,

 President of the Senate.

_____________________________________________________________________

WEDNESDAY, 6TH FEBRUARY 2013

 

            ORDERS OF THE DAY AND NOTICES OF MOTIONS 

 

1.                   HON. SEN. MATHUTHU              HON. SEN. GAULE

 

That this House:

COGNISANT of the fact that Article 6 of the Global Political Agreement provides that  there  shall be set up a Select Committee of Parliament to spearhead the drafting of a people driven  constitution; 

ACKNOWLEDGING that the Committee on Standing Rules and Orders on the 12th of

 April 2009 did set up a Committee known as the Constitution Parliamentary Select  Committee (COPAC);

REALISING that the said Committee did undertake and complete drafting the new  Constitution of Zimbabwe as provided for in the terms of Article 6 of the Global

            Political Agreement;

MINDFUL of the fact that Article 6 of the Global Political Agreement  further provides that

                  COPAC must table the Report and draft Constitution of Zimbabwe before this Honourable

            House;

             

NOW THEREFORE, ADOPTS the Report of the Constitution Parliamentary Select

Committee on the progress and outcome of the Constitution –  Making process and;

NOTES the draft Constitution of Zimbabwe tabled before it.

 

2. HON. SEN S. K. MOYO          HON. SEN. MANDABA

That this House:

 SADDENED by the tragic and untimely death of the Honourable Vice President, John Landa Nkomo on the 17^th of January 2013;

NOTING that the loss was felt by the whole nation, which mourned a committed and dedicated luminary of our struggle for independence, democracy, freedom and justice;

NOW THEREFORE, THIS HOUSE

Conveys its profound condolences to the family of our departed leader;

Expresses its deep sorrow and sadness at the tragic and unexpected loss of life;

Takes this opportunity to celebrate the life of a man who rendered sterling services to the nation both before and after independence.

3. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 5th        February- Governor for Matabeleleland North Province).

                                                                                   [Time elapsed: 1: 30 minutes]

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. Chief Mtshane.

4. Adjourned debate on motion on the death penalty (Adjourned 4th February Governor for Matabeleland North Province).

                                                                                   [Days elapsed: 2]              Question proposed:

 THAT THIS HOUSE:

 CONCERNED THAT the death penalty is inhuman and a violation of human    rights;

 COGNISANT that  one hundred and fifty-one out of one hundred and ninety  three United Nations member states have abolished this practice including the

           United Nations Security Council which has rejected death sentence options by the   International Tribunal for those convicted of heinous crimes against humanity in    former Yugoslavia and Rwanda and genocide committed all over the world,

  CONSIDERING that the reduction in executions in many countries and the               abolition of the death penalty in some African countries' penal systems and that the      UN General Assembly adopted a resolution that called upon all states with death     penalties to regulate towards its elimination as a way of promoting fundamental       rights;

           Disturbed that Zimbabwe voted against all the Resolutions on the death penalty and  that there are about sixty prisoners on the death row;

NOTING

That the death penalty was introduced during the colonial era and is one of the  legacies of colonialism which needs to be completely eradicated;

NOW THEREFORE, THIS HOUSE

1. WELCOMES the steps taken to restrict the use of death penalty on persons

                          as sentence.

1. CALLS UPON the Government to:

1. accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights;

1. establish a de jure moratorium on the application of the death penalty aimed at its  definitive abolition; and

1. Reverse the negative vote shown in the past on the new resolution calling for a moratorium of the death penalty set for December this year at the 67^thUnited Nations General Assembly and to vote in favour - Sen. Marava.