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SENATE VOTES 7 DECEMBER 2006 NO 20

ADVANCE COPY-UNCORRECTED

No. 20.

PARLIAMENT 

 

OF

 

ZIMBABWE

_________________

VOTES AND PROCEEDINGS OF THE SENATE

_________________

 

SECOND SESSION – SIXTH PARLIAMENT

_________________

 

THURSDAY, 7TH DECEMBER, 2006

_________________

Half-past two o’clock p.m

President of the Senate in the Chair

PRAYERS

Members Present

Bayayi F.  Charumbira Chief F.Z.

Chikava B.

Chikwanha T. C. 

Chimbudzi A. 

Chimene M. M. 

Dete A. A. 

Dube G.

Gambiza Chief F.S

Gava C.

Goto R.

Gumbura L. C. 

Jacob E. 

Maduna Chief V.M Magadu R. F. E. 

Mahere S. C. 

Majuru S.

Makono E. 

Malinga J. T. 

Mapfumo T. J. 

Marange Chief C.H. H. 

Matanga T. Z.

Mavhaire D. C.

Mbambo L.

Mkhwebu A. 

Mkusha S. 

Mtshane Chief L.K.

Muchicho V. N. M. 

Mumbengegwi S.C. 

Mumvuri D. D. E. 

Munotengwa L.

Ndlovu N. K. 

Ndlovu R.

Negomo Chief C.E.

Nemakonde Chief

M.W

Nyathi A. S. 

Nyoni G. 

Patel K. G. 

Rungani A. 

Sakupwanya S. U. 

Sengwe Chief M.L.W.

Sinampande H. M. 

Tawengwa C. 

Thembani S. Z. 

Zvinavashe V. M. G. 

 

 

 

 

        

Absent With Leave Haritatos P.

Malaba C.D.

Moyo J. Muchengeti C.V Mutinhiri T.

Musarurwa Chief E.M.

Muzenda  T.V.

Sai S.

______________________________________________________________________

                                                                 Printed by the Order of the Senate 

  1. Bills received from the House of Assembly -

                                                                                                                                                                                     Date Introduced

 

                             Finance (No.2) Bill (H.B. 14A, 2006).

                             Appropriation (2007) Bill (H.B. 15, 2006………………………19th December 2006

           

                             Bills introduced. Second Reading -forthwith

             

  1. Papers laid upon the Table.

 

                             Hon. Senator Mbambo

             

            Minutes of Proceedings and Minutes of Evidence of the Second Report of the Portfolio Committee on Defence and Home Affairs on the Half-year Budget Performance for the Ministry of Home Affairs (S.C.38, 2006).

            Report of the Portfolio Committee on Defence and Home Affairs, on the Half-year Budget Performance for the Ministry of Home Affairs (S.C.38, 2006).

 

 

  1. Senator Mbambo, seconded by Hon. Senator Bayayi moved: That Order of the Day No. 1 for today stands over until Order of the Day No. 15 has been disposed of.

                             Motion put and agreed to.

 

  1. The Minister of Justice, Legal and Parliamentary Affairs moved: That Orders of the Day Nos. 2 to 13 for today stand over until Order of the Day No. 14 has been disposed of.

                             Motion put and agreed to.

 

  1. COMMITTEE: Domestic Violence Bill (H.B. 9A, 2006)The Minister of Justice Legal and Parliamentary Affairs.

 

                                             (Senate in Committee)

 

Clause 1 put and agreed to.

On Clause 2,

The Minister of Justice, Legal and Parliamentary Affairs with leave, moved:

Under the definition of “court”

To delete the words “the community court” and substitute with “local courts”

Amendment put and agreed to.

Clause 2, as amended put and agreed to.

On Clause 3,

The Minister of Justice, Legal and Parliamentary Affairs moved:

Between lines 34 and 35 on page 9 of the Bill, to insert the following new paragraph after paragraph (m), and the subsequent paragraphs being renumbered accordingly –

 

            “(n) abuse perpetrated on the complainant by virtue of the complainant’s    physical, mental or sensory disability, including a visual, hearing or speech  functional disability.

            (o) abuse perpetrated on the complainant by virtue of the complainant’s     mental illness, arrested or incomplete development of the mind, psychopathic       disorder or any other disorder or disability of the mind”.

Amendment put and agreed to.

Clause 3, as amended put and agreed to.

 

Clauses 4 to 17 put and agreed to.

On Clause 18,

The Minister of Justice, Legal and Parliamentary Affairs with leave, moved:

To delete the word “Community” on the heading and wherever it appears and substitute with “local”.

 

Amendment put and agreed to.

 

Clause 18, as amended put and agreed to.

On Clause 19,

In subsection 2, paragraph (d)

The Minister of Justice, Legal and Parliamentary Affairs with leave, moved:

To delete the word “Committee” and substitute with “Council”.

Amendment put and agreed to.

Clause 19, as amended put and agreed to.

 

Bill to be reported with amendments.

(Senate resumed)

 

                             Bill reported with amendments.  Referred to the Parliamentary Legal Committee.

  1. Hon Senator Mbambo, seconded by Hon. Senator Bayayi moved: That this

            House takes note of the Second Report of the Portfolio Committee on Defence and              Home Affairs,  on the Half-year Budget Performance for the Ministry of Home     Affairs. (S.C. 38, 2006).

            On the motion of the Minister of Indigenisation and Empowerment: Debate adjourned              until Tuesday, 19th December 2006.

  1. On the motion of the Minister of Indigenisation and Empowerment: The Senate  adjourned at fourteen minutes to five o’clock p.m, until Tuesday, 19th December

                             2006 at half past two o’clock in the afternoon.

  1. Madzongwe, President of the Senate. ___________________________________________________________________________

TUESDAY 19TH DECEMBER 2006

 

ORDERS OF THE DAY AND NOTICES OF MOTION

 

  1. SECOND READING: Finance Bill [H.B.14, 2006] - The Minister of Finance

 

             

  1. SECOND READING: Appropriation (2007) Bill [H.B.15, 2006] - The Minister of

                           Finance

  1. The Minister of Justice Legal and Parliamentary Affairs:

                         That

           Whereas section 280(6) of the Criminal Law (Codification and Reform) Act [Chapter       9:23] provides that the Minister of Justice. Legal and Parliamentary Affairs may, by          statutory instrument amend or replace the Standard Scale of fines whenever the           Minister considers such an amendment to be necessary.

              AND WHEREAS section 280(6) provides that the statutory instrument may not be   made unless a draft has been laid before and approved by resolution of Parliament;

  AND WHEREAS the Minister of Justice, Legal and Parliamentary Affairs has laid           before Parliament, for its approval, a draft statutory instrument for the amendment of          the 1st  Schedule to the Criminal Law (Codification and Reform) Act;

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

 

  1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 6th    December 2006The Minister of Indigenisation and Empowerment).

[Time elapsed: 2 hours 44 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. Senator E. N. Moyo.

 

 

  1. Adjourned debate on motion on the Second Report of the Portfolio Committee on             Defence and Home Affairs (Adjourned 7th December 2006  - The Minister of              Indigenisation and Empowerment).

 

[Day elapsed: 1]

 

            Question proposed: That this House Takes note of the Second Report of the Portfolio Committee on  Defence and Home Affairs on the Half –year Budget Performance for the Ministry of Home Affairs (S.C. 38, 2006) – Hon. Senator Mbambo.

  1. Adjourned debate on motion on the Special Report of the Committee on Public    Accounts (Adjourned 5thDecember 2006Hon. Senator Mapfumo).

[Days elapsed: 1]

Question proposed: That this House takes note of the Second Special Report of the Committee on  Public Accounts on Financial Management in the Public Sector (S.C. 34, 2006) – Hon. Senator Nyoni.

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

                               Youth, Gender and Women’s Affairs  (Adjourned 5th December, 2006 – Hon. Senator

                             Mapfumo).

                                                                                                                                                                                    [Day elapsed: 2]

                             Question proposed: That this House takes note of the Second Report of the Portfolio

                            Committee on  Youth, Gender and Women’s Affairs, on the Half-year Budget

                             Performance for the Ministries of Youth Development and Employment Creation,

            Small and Medium Enterprise Development and Women’s Affairs, Gender and              Community Development. (S.C. 30, 2006) – Hon. Senator Matanga

  1. Adjourned debate on motion on the Second Report of the Portfolio Committee on             Mines, Energy, Environment and Tourism (Adjourned on 29th November, 2006 –The              Minister of Indigenisation and Empowerment).

                                                                                                                                                                                    [Day elapsed: 1]

                             Question proposed: That this House takes note of the First Report of the Portfolio

            Committee on  Mines,  Energy, Environment and Tourism on the Half-year Budget              Performance for the Ministry of Environment and Tourism. (S.C. 36, 2006) -.Hon

                             Senator Msipa.

  1. Adjourned debate on motion on First Report of the Portfolio Committee on Budget, Finance and Economic Development (Adjourned 8th November 2006- The Minister of Indigenisation and Empowerment).

[Day elapsed: 2]

                             Question proposed:

            That this House takes note of the First Report of the Portfolio Committee on Budget,              Finance and Economic Development on the Mid-Term Fiscal and Monetary Policies         for 2006 (S.C. 24, 2006)Hon. Senator Malinga

 

  1. Adjourned debate on motion on the water problems in Bulawayo (Adjourned 8th November 2006 – Senator Patel).

 

[Day elapsed: 3]         Question proposed: That this House-

                             NOTING that Bulawayo is facing acute and perennial water problems;

            CONCERNED that the water crisis that Bulawayo experienced in 2005 is looming          and imminent in 2006;

                             NOW, THEREFORE, CALLS UPON the government to –

  1. construct a pipeline from Mtshabezi Dam to Umzingwane Dam; and
  2. provide other immediate short-term, medium-term and long-term         solutions to solve Bulawayo’s water crisis – Hon. Senator T. Ndlovu.

 

  1. Adjourned debate on motion on the deterioration of standards at the Zimbabwe Schools Examinations Council (ZIMSEC (Adjourned 8th November 2006 – Hon.

Senator Patel).

 

[Day elapsed: 2]         Question proposed: That this House-

 

                             NOTING the deterioration of standards at the Zimbabwe Schools Examinations

                             Council (ZIMSEC);

            APPALLED by the flagrant breach of security and confidentiality of the examination              papers;

                             CONCERNED about the delays in the issuance of certificates;

                             NOW THEREFORE calls upon:

  1. Government to provide adequate funding for the organisation; and
  2. ZIMSEC to adhere to its service charter and provide improved services to the   nation – Senator Chikava.

 

  1. Adjourned debate on motion the Fifth Report of the Portfolio Committee on Health and Child Welfare (Adjourned 7th November 2006 - The Minister of Indigenisation

and Empowerment).

 

[Day elapsed: 2]

                             Question proposed: That this House takes note of the fifth Report of the Portfolio

            Committee on Health and Child Welfare on the half-year budget Performance of the              Ministry of Health and Child  Welfare (S.C. 26, 2006)Hon. Senator Mutinhiri.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Lands,

Agriculture, Land Reform, Resettlement, Rural Resources and Water Development (S.C. 23, 2006) (Adjourned 7th November 2006- The Minister of Indigenisation and Empowerment).

 

[Day elapsed: 3]

                             Question proposed: That this House takes note of the First Report of the Portfolio

            Committee on Lands, Agriculture, Land  Reform, Resettlement, Rural Resources and              Water Development on the state of preparedness by the agricultural sector for the              2006/7 summer crop (S.C 23, 2006)- Hon. Senator Zvinavashe.

  1. Adjourned debate on motion on sanctions imposed on Zimbabwe by the European Union (Adjourned 5thOctober 2006The Minister of Indigenisation and Empowerment.).

[Days elapsed: 8]

                             Question proposed:  That this House-

NOTING that economic sanctions imposed on Zimbabwe by the European Union(EU), the United Kingdom (UK), and the United States of America (USA) are hurting the lives of ordinary Zimbabweans and driving many into poverty;

AWARE that the sanctions on Zimbabwe are punitive and generally political because of Zimbabwe’s Land Reform Programme;

            NOW THEREFORE, Calls upon the EU, UK and USA to withdraw sanctions and          end their hostile propaganda in favour of diplomatic solutions; and appeals to the        international community to support the call for removal of the sanctions and the             unlocking of bilateral aid and financial support as well as international goodwill –      Hon. Senator Georgias.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on     Education, Sport and Culture (Adjourned on 29th November, 2006 –The Minister of  Indigenisation and Empowerment).

                                                                                                                                                                                    [Day elapsed: 1]

            Question proposed: That this House takes note of the First Report of the Portfolio              Committee on  Education, Sport and Culture, on the Half-year Budget Performance          for the Ministry of Education Sport and Culture. (S.C. 27, 2006) – Hon. Senator

                             Mkusha.

  1. Adjourned debate on motion on the Second Report of the Portfolio Committee on             Education, Sport and Culture (Adjourned on 29th November, 2006 –The Minister of              Indigenisation and Empowerment).

                                                                                                                                                                                    [Day elapsed: 1]

            Question proposed: That this House takes note of the Second  Report of the Portfolio              Committee on  Education, Sport and Culture, on the Half-year Budget Performance          for the Ministry of  Higher and Tertiary Education. (S.C. 36, 2006) – Hon. Senator

                             Mkusha

 

  1. Adjourned debate on motion on the Third Report of the Portfolio Committee on   Education, Sport and Culture (Adjourned on 29th November, 2006 –The Minister of  Indigenisation and Empowerment).

                                                                                                                                                                                    [Day elapsed: 1]

 

            Question proposed: That this House takes note of the Third Report of the Portfolio              Committee on  Education, Sport and Culture, on the Half-year Budget Performance          for the Ministry of Science and Technology Development. (S.C. 37, 2006) – Hon.

                             Senator Mkusha.

                             ____________________________________________________________________

 

 

THURSDAY 21ST DECEMBER 2006

QUESTIONS FOR ORAL ANSWER

  1. HON. SENATOR CHIEF MTSHANE: To ask the Minister of Water Resources and Infrastructural Development to state the reasons for the withdrawal of the contractor working on the water canal from Polland Dam to the irrigation site at Rotondale in Bubi District.

[Deferred from Thursday7th December 2006]

 

  1.        HON. SENATOR CHIEF MTSHANE: To ask the Minister of Transport and

Communications to explain why only 1 km of the Bulawayo/Nkayi road has been tarred to date, this financial year, in view of the hyper inflationary environment, and the imminent rainy season.

[Deferred from Thursday7th December 2006]

  1. HON SENATOR MAVHAIRE: To ask the Minister of Transport and Communications to             state what programme and action was in place to resurface the Beitbridge, Masvingo              Chivhu, Harare Road before the onset of the rainy season, given the fact that unless              urgent  action is taken to resurface this road, some parts of this road will be              impassable.

[Deferred from Thursday7th December 2006]

  1. HON. SENATOR MAVHAIRE: To ask the Minister of Transport and Communications to             state when the government will resume the refurbishment and expansion of the      Buffalo range Airport

[Deferred from Thursday7th December 2006]

  1. HON. SENATOR T. NDLOVU: To ask the Minister of Health and Child Welfare to     explain how people living with HIV/AIDS can individually and collectively access           therapeutic treatment assistance through NAC and explain whether this assistance is    sufficient to cover hospital administrative costs as well as that of anti-retroviral drugs.

[Deferred from Thursday7th December 2006]

  1. Hon. SENATOR T. NDLOVU: To ask the Minister of Local Government, Public Works       and Urban Development to explain why Bulawayo City Council, which was the first  o moot and submit an application to clamp vehicles whose owners would have             violated applicable council by-laws, still has not received a favourable response and           when the City Council can expect to get the response.

[Deferred from Thursday7th December 2006]

  1.           HON. SENATOR BAYAYI: To ask the Minister of Local Government, Public Works and

            Urban Development to state the criteria used in allocating areas of operation for    NGOs, such as World Vision and Plan International, to assist the elderly people with        food, clothes and blankets and the areas that are covered and those that are not          covered by the NGOs in the Pumula-Luveve Constituency.

[Deferred from Thursday7th December 2006] ____________________________________________________________________

 

_

WEDNESDAY 20TH DECEMBER 2006

 

ADDRESS BY HIS EXCELLENCY, THE PRESIDENT ROBERT GABRIEL MUGABE, TO PARLIAMENT.

(Address in terms of Section 46 of the Constitution)

_________________________________________________________________

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL

COMMITTEE

Domestic Violence Bill (H.B. 9A, 2006)The Minister of Justice Legal and Parliamentary Affairs – (Referred 7th December 2006).

_____________________________________________________________________

NOTICES OF MEETINGS

 

MONDAY, 18TH DECEMBER 2006

 

Committee Room No. 4 at 1000 hrs

PUBLIC ACCOUNTS: Hon. Misihairabwi-Mushonga (Chairperson)  Hon. Chamisa, Hon.

Chief Chimombe, Hon. Senator Gava, Hon. Kadzima, Hon. Matimba, Hon. Senator

Mavhaire, Hon. Moyo L, Hon. Mupukuta, Hon. Ncube F D., Hon. Senator Nyoni, Hon.

Senator Patel, Hon. Satiya, Hon. Stevenson, Hon.  Senator Thembani - Clerk- Mr..Daniel

 

 

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