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NATIONAL ASSEMBLY HANSARD 05 FEBRUARY 2019 VOL 45 NO 31

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PARLIAMENT OF ZIMBABWE

Tuesday, 5th February, 2019

The National Assembly met at a Quarter-past Two O’clock p.m.

PRAYERS

(THE HON. SPEAKER in the Chair)

ANNOUNCEMENTS BY THE HON. SPEAKER

ERROR ON THE ORDER PAPER

          THE HON. SPEAKER: Order, order. On page 496 of the Order Paper, the day should be Tuesday and not Thursday. We apologise for that.

PETITIONS RECEIVED

THE HON. SPEAKER:  I have to inform the House of the following petitions which were received by Parliament pursuant to Section 149 of the Constitution and Standing Rules and Orders No. 186. 

i.   On the 9th of January, 2019, Parliament of Zimbabwe received a petition from Society for Pre and Post Natal Services, on the need for the Ministry of Health and Child Care to implement a National Health Service.

The petition has since been referred to the Portfolio Committee on Health and Child Care.

          ii.   On the 14th of January, 2019, Parliament of Zimbabwe received a petition from Mr. Blessing Chamwapuhwa Kudyange, on the need to amend Sections 91 and 125 of the Constitution in order to review the age limit for presidential candidates – [HON. MEMBERS: Inaudible interjections.] – Order, order. This petition I think escaped my attention.  What I seem to recall was that the petition went into detail on the importance of the Office of the President who must deal with complicated issues both at national and international levels.  Therefore, it was necessary for the Constitution to indicate some minimum qualification for the presidential candidates. 

          I suspend this petition because of this age limit which does not seem to have come through my office.

          iii.   Furthermore, on the 7th of January, 2019, Parliament of Zimbabwe received a petition from the Zimbabwe Broadcasting Corporation (ZBC) retrenchees, beseeching Parliament to consider their dispute case with ZBC which is in the Supreme Court and the Supreme Court is yet to make a determination.

          The petition was deemed inadmissible and the petitioners have been notified accordingly, the reason being that when a matter is before the courts, it cannot be entertained by Parliament.

INVITATION TO A NATIONAL LEADERSHIP PRAYER BREAKFAST MEETING

THE HON. SPEAKER: I wish to inform the House that the Zimbabwe Council of Churches (ZCC) is inviting Party Chief Whips, all Committee Chairpersons, the President and Deputy President of the Council of Chiefs, the Chairperson and Vice Chairperson of the Zimbabwe Parliamentary Women’s Caucus and the Chairperson of the Parliamentary Legal Committee to a National Leadership Prayer Breakfast Meeting to be held on Thursday 7th February 2019, at the Harare International Conference Centre (HICC) from 0800hrs to 1000hrs. - [HON. MEMBER: Inaudible interjection.] –

          Hon. Labode, I do not want to mention your name all the time because you know that you are very close to the Hon. Speaker.  Please do not disrupt me.  I do not want to send you outside, otherwise I will miss an injection.

SPORTING TRAINING SESSIONS

THE HON. SPEAKER:  I also have to inform the House that Parliament Sports Club wishes to advise all Hon. Members who are interested in sporting activities that training sessions will be held every day from Monday to Friday from 0600am to 07.00am at the Girls High School.  Training sessions will commence on Monday 11th February 2019.  This will be followed by a meeting to be held on Tuesday 12th February, 2019 at 1700hrs in the Senate Chamber.

          HON. SIKHALA:  On a point of privilege Mr. Speaker Sir, I would like to take this opportunity before the beginning of the business of the day today to thank Hon. Members of Parliament and colleagues - especially you, Mr. Speaker Sir for the period when I lost my daughter on 1st January 2019.  Mr. Speaker Sir, when I received your telephone call relaying your condolence message to me, I was moved and also started to have a new reflection about our country. 

We have great leaders that remember their sheep when they are facing problems.  – [HON. MEMBERS: Hear, hear.] - My daughter’s funeral did not become the commiseration of only the people belonging to my political party.  I was moved when I saw the leader of Government Business, the Minister of Justice, Legal and Parliamentary Affairs as well as the delegation of Members of Parliament from ZANU-PF coming to commiserate with us during the funeral period.  I would like to thank Hon. Ziyambi – [HON. MEMBERS: Hear, hear.] - and Members from the other side who came and commiserated with us. 

Mr. Speaker Sir, it would be unfair if I would not be able to also mention Hon. Mataranyika, who played a very prominent role during the burial proceedings when he managed to assist us through his company, Nyaradzo Funeral Services, for the excellent services that he gave us during the material time of our mourning.  Let me also thank my colleagues from my political party for the massive material assistance that they gave during the period of our bereavement.  All of you Hon. Members from my party, I would like to thank you for the way you assisted me during the time of difficulty.  I would also not forget my President Nelson Chamisa for the great contribution that he gave during the period of mourning.  I thank you Mr. Speaker. – [HON. MEMBERS: Hear, hear.] - 

          THE HON. SPEAKER:  I can only say, may her soul rest in peace.

MOTION

BUSINESS OF THE HOUSE

          THE MINISTER OF ENERGY AND POWER DEVELOPMENT (HON. DR. GUMBO):  Mr. Speaker Sir, I move that Orders of the Day, Numbers 1 and 2 and Notices of Motions Numbers 3 to 13 be stood over until Order of the Day, Number 14 has been disposed of.

          Motion put and agreed to.

MOTION

TRANSFORMATION OF THE SADC PF INTO A REGIONAL PARLIAMENT

          HON. MGUNI:  Mr. Speaker, I move the motion standing in my name that;

ACKNOWLEDGING that the SADC Summit of Heads of State and Governments held in 1997 approved the establishment of the SADC Parliamentary Forum as, “A SADC Institution under Article 9 (2) of the Treaty”, with the ultimate objective of establishing a SADC Regional Parliament;

          NOTING that since its establishment, the SADC Parliamentary Forum has been operating primarily as a deliberative body that provides a platform for Parliaments and Parliamentarians to promote regional integration, economic co-operation, good governance, human rights and democracy in the region;

          APPRECIATING that despite its status as a deliberative body, the SADC Parliamentary Forum has not only brought Parliamentarians together to deliberate on issues of common regional interest, but has also contributed significantly to regional integration, democracy and good governance through the development of, among other things, Benchmarks for Assessing Democratic Elections in Southern Africa, the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage and, more recently, the Model Law on Elections;

          COGNISANT that Zimbabwe has signed the revised Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament adopted by the African Union Assembly on 27th June, 2014 (commonly referred to as the Malabo Protocol) which, upon ratification by the requisite number of Member States, will give PAP full legislative powers, and yet the SADC Region remains the only region without a firmly established Regional Parliament with a clear constitutive protocol outlining its roles and functions;

          REAFFIRMING the need to establish a Regional Parliament as envisaged by the SADC Summit, which will be an organ of the Summit, taking policy direction from the Summit thereby not interfering with the sovereignty of Member States and/or Member Parliaments;

          AWARE THAT the Regional Parliament, which will be established at minimal cost to Member States, will play an active role in support of Summit decisions vis-à-vis signed protocols which may require ratification by Member countries as well as in crafting model laws for the region in order to enhance the legislative agenda among Member countries;

          REALISING that issues of common regional interest, among them Ratification and Domestication of Protocols, Gender Parity and Equity, ICTs, Cyber Warfare and Terrorism, can be better championed by a united Regional Parliament; and

          COGNISANT that, the 38th Summit of Heads of State and Government held in Windhoek, Namibia in August 2018, directed Member States to consider the Transformation Proposal for further deliberation at the Council of Ministers Meeting scheduled in March 2019.

          NOW, THEREFORE, CALL UPON THE EXECUTIVE TO:-

(a)              submit, through the Ministry of Foreign Affairs, an

affirmative statement pledging Zimbabwe’s support for the transformation of the SADC PF into a Regional Parliament;

(b)             lend its support to the development of a constitutive

protocol for the SADC Regional Parliament which will clearly outline its roles, functions and terms of reference and ensure that it does not undermine Member Parliaments’ or Member States’ sovereignty; and

(c)             push for the establishment of formal linkages between the

Summit and SADC PF which guarantee that the Forum plays a coordinate and complementary role to the Summit.

Urges Summit of Heads of State and Government to discuss

the matter with an open mind noting that the proposed Parliament will work under the direction of Summit.

          HON. NDEBELE: I second.

          HON. O. MGUNI:  Thank you Mr. Speaker Sir, although I was not expecting but I am ready to debate it since I am the mover.  Remember, I moved the motion here where SADC Parliamentary Forum …

          THE HON. SPEAKER:  Order, order Hon. Minister Dr. Gumbo, may you approach the Chair please.

          Order, order apologies to Hon. Minister Dr. Gumbo for having been given a task of ambushing the mover of the motion without any communication at all.  So we need to move backwards.  Hon. Members, we will have to revert to the first Order of the Day.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

First Order read:  Adjourned debate on motion in reply to the

Presidential Speech.

          Question again proposed.

          HON. MAVETERA:  Thank you Mr. Speaker Sir. I would like to firstly thank you for affording me this opportunity.  Secondly, I would like to congratulate His Excellency …

          THE HON. SPEAKER: Order, order, just a second please, if you can bear with me.  There is a vehicle registration number AEX 6494.  It is a Mercedes Benz and is blocking other vehicles unnecessarily.  Will the owner please attend to it?  Hon. Member, please proceed.

          HON. MAVETERA: Thank you once again Mr. Speaker Sir.  I would like first of all to start by congratulating His Excellency the President for winning resounding well in the 2018 Harmonised elections.  – [HON. MEMBERS: Hear, hear.] -  I would also like to thank the people of Seke Chikomba for affording me an opportunity to come and represent them in this august House.  Let me also congratulate all the other Hon. Members who are in this august House for being able to come to this august House.  I hope that they will represent their constituencies well.

          Mr. Speaker Sir, I would like to thank His Excellency the President for his speech which was well inclusive, very clear and quite focused in line with Vision 2030.  Let me also thank Hon. Kwaramba and Hon. Musabayana for moving this very important motion.  I would like to thank His Excellency the President for having a vision for turning around the economy of the country.  His Excellency the President called for peace and national dialogue and we are quite happy because of that. 

On a political landscape, we need to unite and become Zimbabweans.  We are one Zimbabwe and we need to be united – [HON. MEMBERS: Hear, hear.] – A country without unity has no progress.  We need to look and listen to the words of wisdom for the President’s vision to become fruitful.

Hon. Speaker Sir, what is currently obtaining in the country is not in sync with the President’s State of the Nation Address.  We should focus on building and not destroying.  The Government must put in place measures so that we do not have a recurrence of what happened a few weeks ago.  What happened a few weeks ago led to a situation whereby we saw criminals masquerading as peaceful demonstrators, destroying property and also killing a police officer –[HON. MEMBER: Hear, hear.] -  This is counter to the national vision.  We are imploring people from across all political divide that we should put our political differences aside and focus on making sure that we make Zimbabwe go forward.  We should not abuse political differences but should allow Zimbabwe to be a destination of investment which is free from violence.  We should rally behind the Government and look at the direction which our captain who is the President is leading us too.  We should follow where our captain is going and therefore we should succeed. 

The President talked about peace and right now there is a thrust of national dialogue and re-engagement. So, there is great emphasis and great need for us to take that direction.  This is incumbent upon us that we as Zimbabweans should rally behind and make sure that we follow vision 2020.  There are no secrets to success other than preparation, hard work and also learning from our failure.  We delight the beauty of the butterfly but rarely admit the changes that it has gone for it to achieve its beauty.  There are a lot of stages that we have to go through as a nation for us to go forward here in Zimbabwe.

It is also incumbent upon us to work tirelessly as servant leaders –[HON. MEMBERS: Inaudible interjections.] - 

THE HON. SPEAKER: Order Hon. Members on my left, can you lower your voices.  Thank you.

HON. MAVETERA:  Thank you Hon. Mr. Speaker Sir for protecting me. The President prioritised on economic development as a strategic response to leap frog the economy in line with our national aspirations and international trajectory.  The vision is to make Zimbabwe a middle income economy with a per capita income of US$3 500, to also have increased investment, decent jobs, broad based empowerment, free from poverty and to also end corruption by 2030.   We should put soldiers to our wheels and support our President on the continued re-engagement policy that he has.

On critical issues, the legislative assembly should look into the key concerns of the State of the Nation Address on the alignment of Bills to the Constitution.  The President very much reiterated on the issue of the Corona’s Office Bill, Constitutional Court Bill, Customary Law, the High Court Amendment Bill, the Rural District Council Bill and the Provincial and Metropolitan Council Bills, just to mention a few. We are in a constitutional democracy and we are happy that the President reiterated that there is need to make sure that we make our laws consistent with our Constitution. 

As law makers, we should work with laws and make then consistent with the Constitution.  There are other basic laws that we should also involve key players to the economy.  These key players also include the young people.  We are very much happy that the President talked about the young people, women and also the vulnerable groups.  Young people want to participate in the economy.  For long, they have not had this opportunity.  Now that the young people constitute 70% of the population, we therefore call for the head of state to give this marginalised group in our society most of whom did not benefit from the land reform and also part of the mega deals and much more.  There is need for the President to also put great emphasis to this group so that they can catch up with the rest of the society.

Within the ministries, we have got the Ministry of Youth.  We believe that there is need for the National Youth Policy to become an Act of Parliament so that it can become enforceable.  This will then enable key players of the economy which are the youth to also be involved in the national cake. We want to make sure that the Ministry of Youth will be able to make the National Youth Policy an Act of Parliament so that we can enforce it to become a law for those that will not be compliant to it.

While we appreciate our foreign policy which the President very much outlined, we also appreciate democracy within SADC.  I therefore feel that it is not proper for political parties...

THE HON. SPEAKER:  Hon. P. Sibanda, Hon. P. Sibanda, Hon. P. Sibanda.  Please!

HON. P. SIBANDA:  My apologies Mr. Speaker.

THE HON. SPEAKER:  Thank you.

          HON. MAVETERA:  We also appreciate democracy within SADC but I feel that it is not proper for a political party to interfere with internal affairs of member states like what happened with the DA who wanted to come to Zimbabwe and meddle in our affairs –[HON. MEMBERS: Hear, hear.] -  We feel that this is not acceptable for we are a sovereign state and we also have power to make our own decisions.

          Let me take this opportunity and also on behalf of the arts industry to sincerely thank His Excellency the President for recognising the arts industry by conferring a national heroes status to one of our own international music icon, Dr. Oliver Mtukudzi –[HON. MEMBERS: Hear, hear.] -  This is an encouragement to the arts industry and we hope that this similar gesture or recognition will also be done to other deserving artists in future.

The second republic has scored a lot of points with masses by acknowledging that even people outside political activism can also be partners to national building.  It tells us that we are in a new space and there is also new hope.  We are hoping that the three arms of Government can also get quick hints on riding on the new hope that the new dispensation has also created. 

Furthermore, we are hoping and calling on the Ministry of Information to put more money to the National Arts Council so that Zimbabwe can appreciate our national values through the arts. 

We would also want to thank the President on highlighting the issue to do with devolution.  Where I come from in Seke-Chikomba, we are grateful that the Government has already started constructing the major roads especially the dualisation of the Masvingo Road.  However, there are other areas which need attention, especially on the water and sanitation which I think the Government should also prioritise on.  We need boreholes especially in Seke, Chikomba Central, West and also East Constituencies.  This will alleviate water shortages for humans and livestock.  We need more consumption that will actually go to these groups. We also need more health facilities like clinics and even more schools to be constructed within the next five years. 

As I conclude, time has now come for this country to enact legislation that punishes all those nationals who go out to call for punitive measures on our countries or our leaders – [HON. MEMBERS: Hear, hear.] -  Just like what happens in the United States, it is a serious crime for an American to be speaking with the Russians.  It should also be a serious crime in this country for Zimbabweans to be unpatriotic to the extent of siding with Americans and call for sanctions – [HON. MEMBERS: Hear, hear.] -  It is high time that we have a law that is there to punish each and every person who is calling for sanctions in this country.  I rest my case. 

HON. SIKHALA:  On a point of order – [HON. MEMBERS: Inaudible interjections.] - 

THE HON. SPEAKER:  Order, order! The Hon. Member has concluded the debate.  If there is an issue, any Hon. Member can make their contribution accordingly – [HON. MEMBERS: Hear, hear.] -  Order. 

HON. JOSIAH SITHOLE:  Thank you Mr. Speaker Sir.

          THE HON. SPEAKER: Hon. Josiah Sithole please proceed.

          HON. JOSIAH SITHOLE: Mr. Speaker Sir, I want to express my profound gratitude as I support the motion by Hon. Kwaramba, seconded by Hon. Musabayana.  Following the address to the nation by His Excellency, the President and Commander in Chief of the Zimbabwe Defence Forces, Cde. Emmerson Dambudzo Mnangagwa – [HON. MEMBERS: Hear, hear.] –let me take this precious opportunity to congratulate His Excellency President E. D. Mnangagwa for a convincing victory over the other 22 contenders all the way   – [HON. MEMBERS: Hear, hear.] – from the ballot box to the court.  Indeed, he became the people’s choice.

          Mr. Speaker Sir, I also wish to congratulate you for being elected to be the Speaker of this august House that has great researchers, political giants true representatives of their constituencies, law makers who are largely expected to be promoters of good governance; thus you deserve the title headmaster  – [HON. MEMBERS: Hear, hear.] – Hard to forget is my congratulations to your Deputy Speaker, Madam Tsitsi Gezi, a cool analyst and keeper of the rules of the House  – [HON. MEMBERS: Hear, hear.] –.

Mr. Speaker Sir I want to coin my speech in relations to my constituency Bikita South constituency.  When the President in his speech referred to road construction, I was quick to realise the hardships people in my constituency encounter.  It is one constituency where some school graduates ‘O’ up to ‘A’ level never see a tarred road if they never participate in school trips because there is no tarred road.  The victory by His Excellency President Emmerson Dambudzo Mnangagwa has ushered new hopes for a tarred road from Makuvaza business centre to Mashoko Mission, a distance of 68km.  This road passes by Siya Dam where irrigation schemes have been sited.  Six rural health centres by 15 business centres, 20 schools, 5 cotton depots, Save Valley Conservancy, Nyahunda Sports Care Commercial Farms and two cattle pans. 

          Mr. Speaker Sir, at the Pre-budget Seminar in Bulawayo, it was noted that a road is a means to growing the economy, thus for us the people of Bikita South, this road, if tarred, will enable us to participate in realising the high middle income economy by 2030, otherwise at the moment, the road is impassable. 

          Mr. Speaker Sir, the President cited agriculture as the pivot of our economy, Bikita South Constituency is a dry zone and our farmers produce cotton and cattle.  However, most of the seasons, we see cotton rotting at 5 collection points because either farmers have not been paid or in some cases the buyer is not coming to collect because of the poor state of the road.  This kills the moral of those farmers who benefit from cotton which is an initiative of our Hon. President E. D. Mnangagwa.

          Mr. Speaker Sir, Bikita South Constituency shares the waters of Siya Dam with Zaka Central Constituency. When the dam was constructed in the 1970s, a viable business centre with one huge supermarket owned by Gordon Hughes drowned in the process.  No benefit by way of irrigation schemes has been given to Bikita South but this time with Hon. E. D. Mnangagwa, at the helm the answer is there  – [HON. MEMBERS: Hear, hear.] – Because of that dam, Bingura Irrigation Scheme never took off the ground and some equipment has been taken to another site outside the constituency.  We pin our hopes on the President to see us benefit from this huge expanse of water. 

          Mr. Speaker Sir, the President mentioned mining opportunities in his speech. With the birth of the Second Republic, a miracle emerged in Bikita South Constituency. For the first time in history, gold and diamonds have been discovered.  We therefore, call for immediate action to enable us to benefit from these precious minerals by way of employment creation or even participation in these precious minerals or in the mining of these precious minerals.  Coincidentally, these minerals fall along the road that I have alluded to.   

          Mr. Speaker Sir, in terms of connectivity, we are still in the dark. About 80% of the constituency is unreachable. Once you reach the constituency you get out of touch from the rest of the world, thus development is curtailed where there is no effective communication.  Schools, clinics, business centres, police posts and all Government offices are hard to reach. I am happy to say already we have got four base stations that have been sited.  Madam Speaker, in terms of tourism, we share the border with Save Valley Conservancy.  The conservancy is hard hit by devastating presence of lions, leopards and hyenas that is...

          Hon Members having passed between the Chair and the Member speaking.  

          HON. S. BANDA: On a point of order Madam Speaker.

          THE HON. DEPUTY SPEAKER: What is your point of order?

          HON. S. BANDA: Madam Speaker, there are Members of Parliament who are just crossing in between the Chair and the Hon. Member who is speaking.  One has just gone out this way and another one has just entered and sat somewhere there and yet another has entered and sat somewhere there.   May you please control that Madam Speaker? – [HON. MEMBERS: Inaudible interjections.] –

THE HON. DEPUTY SPEAKER: Noted, I thank you. Hon. Sithole please proceed.

          HON. JOSIAH SITHOLE: Thank you Madam Speaker – [HON. MEMBERS: Inaudible interjections.] –

          THE HON. DEPUTY SPEAKER: Order, order Hon. Members – [AN HON. MEMBER: Hapana order apa.] – Please proceed Hon. Sithole.

          HON. JOSIAH SITHOLE: Madam Speaker, in terms of tourism we share the borders with Save Valley Conservancy. The constituency is hard hit by devastating presence of lions, leopards and hyenas that escaped from the conservancy into our territory.  Cattle, sheep and goats have been devoured.  We see the menace of possible human consumption by these ferocious animals. The constituency calls for the immediate erection of a perimeter fence that must keep these animals away from our communities.  Sad to say is the fact that the conservancy authorities are not ploughing back in any way to our people. 

          Madam Speaker, the President did not mince his words in pronouncing the ills of corruptions. The people in my constituency have defined corruption not only in terms of what happens at upper levels but also at family level, club and even community projects.  The call by His Excellency, the President of Zimbabwe that no one should take that which belongs to the people was more than a clarion call.  Madam Speaker, I cannot end my deebate without thanking people in my constituency who voted – [HON. MEMBERS: Inaudible interjections.] –

          THE HON. DEPUTY SPEAKER: Order.

          HON. JOSIAH SITHOLE: Madam Speaker, I cannot end my debate without thanking people in my constituency who voted for our President Hon. Emmerson Dambudzo Mnangagwa, myself and the councillors, heeding the call by our President to campaign and vote peacefully. We witnessed no incident of violence resulting in the President, this Hon. Member of Parliament and all 10 councillors winning resoundingly – [HON. MEMBERS: Hear, hear.] – I say congratulations to Bikita South Constituency and thank you for voting for our President, Hon. E. D. Mnangagwa to lead the Second Republic, the voice of the people is the voice of God – [HON. MEMBERS: Hear, hear.] – May those that promote violence, vandalism and lawlessness face the wrath of the heavens. I thank you – [HON. MEMBERS: Hear, hear.] –

          HON. MUTAMBISI: Thank you Madam Speaker for allowing me to deliver my maiden speech.  Firstly, I would like to congratulate His Excellency, President E. D. Mnangagwa for winning resoundingly the 2018 Harmonised Elections – [HON. MEMBERS: Hear, hear.] – May the Lord guide his footsteps.  Makorokoto Shumba Murambwi.  I would like to commend, His Excellency, the President’s shared vision for Zimbabwe, especially the fundamental commitment to the economic development of Zimbabwe and making Zimbabwe a middle income economy by the year 2030.  We are all aware that for the past years, our nation has been through many economic doldrums characterised by the erosion of our own currency, hyperinflation and closure of industries which was contributed by the illegal economic sanctions.

          The development of our nation hinges upon sound economic strategies.  I support the President’s endeavours aimed at reviving the economy, which I believe will result in the stabilisation of the macro-economic environment, currency reforms and foreign currency availability and promoting trade and investment.  Madam Speaker Ma’am, our greatest asset as a nation is our vast land.  I salute His Excellency for prioritising the development of the agricultural sector as one of the key cornerstones of economic development.  I support the need for maximum utilisation of the land in producing better yields for consumption and exports, the need for adequate and nutritious food, especially for our young children unites a shared humanity across the globe (Strive Masiiwa, 2016). Ukama igasva hunozadziswa nekudya.

          Madam Speaker Ma’am, I re-emphasise that women and youth have an important role to play in the modernisation and growth of our nation.  I support and call for renewed support towards SMEs and women initiatives as a means of creating sustainable economic growth.  Indeed, the future belongs to the youth – [HON. MEMBERS: Hear, hear.] – Madam Speaker Ma’am, I support the need for quality, social service provisions, improvement of social services such as clean water, accessible road network, and access to nearby health services.  Some people in my P. R Constituency, Zvishavane/Shurugwi walk almost 10km to the nearest clinic.  Therefore, I support His Excellency’s quest for modern health infrastructure and education.  The need for continued support in these two sectors is of paramount importance.  The continued support for social net for vulnerable children is indeed an important and noble endeavour.

          I personally view that a nation’s development level is highlighted by the manner in which vulnerable children are catered for.  I therefore call for more safety initiatives which support the education of vulnerable children within our communities. Devolution is one aspect of our Constitution which the entire country is looking forward to.  We trust that the allocation of five percent from the fiscus will be done in a transparent and equitable manner taking into consideration the level of development in each province.  With that, the most organised province and local authorities will stand to benefit most.

          Madam Speaker Ma’am, I am aware that His Excellency intends to bring to this House various pieces of legislation that will put into effect the principle of devolution as articulated in the Constitution.  I urge all fellow Hon. Members to debate and agree to these pieces of legislation from a patriotic and none-partisan position.  Madam Speaker Ma’am, I pledge my support to the President’s shared vision for our nation, the Zimbabwe we all want. I thank you.

          HON. Z. SIBANDA: Thank you Madam Speaker for this opportunity to add my voice.  I stand to make my contribution to the Presidential Speech.  I would like to congratulate you and your boss, the Speaker of Parliament – [HON. MEMBERS: Aaaah.] – Madam Speaker Ma’am, I would like to congratulate His Excellency, the President, E. D. Mnangagwa for his resounding victory on July 30, 2018 elections.  I  would also like to congratulate His Excellency, the President for winning from the courts. 

          I know that the President, Hon. E.D Mnangagwa, as a President, is visionary.  I would like to thank the people of Tsholotsho –[ HON. MEMBERS: Inaudible interjections.] –

          THE HON. DEPUTY SPEAKER: May the Hon. Member be heard in silence please.

          HON. Z. SIBANDA: Let me turn to the Speech delivered by Hon. President. E.D. Mnangagwa.  The President spoke about a number of reforms to make our country move forward.  The President spoke about revisiting the welfare of War Veterans and War Collaborators, especially in the land redistribution.  Some of these people were overlooked and did not get their land – [HON. MEMBERS: Hear, hear.] – Madam Speaker Ma’am, I would also want to thank the people of Tsholotsho South for giving me a second term to represent them in this august House – [HON. MEMBERS: Hear, hear.] –

          Madam Speaker, the President spoke fairly much about the demon called corruption.  Corruption is a demon in our country.  I encourage the President and the Government to come up with and impose tough sentences to corrupt people in Zimbabwe – [HON. MEMBERS: Hear, hear.] – The President spoke about electric power.  In my Constituency in Tsholotsho, a lot of electrical power poles are lying down and the Zimbabwe Electricity Supply Authority (ZESA) is doing nothing about it.

          The Government emphasised that people with children born outside Zimbabwe are supposed to be given birth certificates for free – [Laughter.] – surprisingly, that facility is being paid for. 

Madam Speaker, Tsholotsho South schools need electricity because all of them have got computers which they benefitted from the current Government Madam Speaker, in Tsholotsho the President talked about water to everyone as a right, but surprisingly we are there at Tsholotsho waiting for the resuscitation of dams like Gariya Dam and Manzamnyama Dam for us to lead in irrigation schemes.

Madam Speaker, it would be a great mistake if I do not condemn the recent demonstrations in Zimbabwe which were illegally led by the MDC-Alliance – [HON. MEMBERS:  Inaudible interjections.] -  The MDC-Alliance were the masters of that violence.  I thank you.

*HON. NHAMBO:  Thank you for affording me the opportunity to debate I want to congratulate our President Cde E. D. Mnangagwa for resoundingly winning the harmonised elections as well as you, Madam Deputy Speaker and all the Members of Parliament for having made it into Parliament.  As an Hon. Member coming from Muzarabani, we now have a dam that is functioning properly which is a result of the President’s good leadership.

THE DEPUTY SPEAKER:  Order, order!  Hon. Members to my left side, you are making a lot of noise.  Please may you lower your voices.

*HON. NHAMBO:  We are doing quite well in agriculture where crops such as maize and cotton are doing very well.  We have also observed the construction of roads in Muzarabani.  Furthermore, a lot more roads are being constructed throughout the country as promised by the President.  As you know the liberation struggle started in Muzarabani North and in this constituency people are happy.

The Bible says that leaders are ordained by God and those that insult the President are insulting God.  This is in Romans 13:13.  I thank you – [HON. MEMBERS:  Inaudible interjections.] - 

HON. GUMBWANDA:  Thank you Madam Speaker.  It is my singular honour to congratulate the President of Zimbabwe – [HON. MEMBERS:  Inaudible interjections.] -  Emmerson Dambudzo Mnangagwa for resoundingly winning 30th July 2018 harmonised general elections.  The elections were free, fair and credible.  I am congratulating you all for having won the mandate to represent the people of your constituencies for the next five years.  I would also like to thank the people of Zaka East constituency for voting for me and His Excellency the President of Zimbabwe.

I want to thank His Excellency the President of Zimbabwe, for giving this august House proper direction and setting the right tone for the first session of the 9th Parliament.  The President’s vision that of having a middle income by 2030, is one that needs the support of every member of this House.  Our oversight role plays a significant role in achieving this vision.  Ladies and gentlemen, let us play our role in this 9th Session.  The people we are representing expect us to carry out their hopes, dreams and aspirations.

Madam Speaker, I commend the President for prioritising economic development.  To achieve this, the focus is towards the modernisation and industrialisation of our country’s economy.  To achieve economic growth the Executive, Legislative, the public and private sectors should complement each other.  The new dispensation is geared for job creation and eradication of corruption in all its forms.  The second republic aims at improving the social services.

Madam Speaker, the people of Zaka East Constituency look forward to having mobile service providers investing in the construction of base stations, gravelling the inaccessible roads and replacing the bridge swept in 2000, the construction of schools and clinics, provision of clean water by drilling more boreholes to avert cases of cholera and diarrhoea, sanitation, construction of blaire toilets and the provision of electricity to schools and clinics.

Madam Speaker, the agriculture sector plays a pivotal role in the growth of our economy.  The President is commended for introducing Command Agriculture and distribution of seed and fertilizer to the rural people.  Production of crops has gone up and the lives of people have improved.  It has also created employment.  The people of Zaka East Constituency would like to use the water from Manjirenji Dam for irrigation, for example those in ward 32.  These would avert the anticipated global warming.  The surveyed dams like Dabwa over Mangwezi should be constructed.  Madam Speaker, the President outlined the various Bills that need to be tabled in this session.  The Bills are in sync with the vision of being a middle income country by 2030.  The people we represent need to be protected from unscrupulous business people that continue to sell low quality products at high prices.  The Consumer Production Bill is one key legislation that will protect the consumer.  The President did say that election period is over so we need to work, delivering on the pledges we made to the electorate.  Together we can achieve.  I thank you all.

          *HON. MADZIVA:  I would like to thank you for giving me the opportunity to contribute to the debate in this House.  I also want to thank President E.D Mnangagwa for winning the elections in 2018.  I would like to congratulate you Madam for being elected the Deputy Speaker and the Hon Speaker for being elected Speaker of the National Assembly.  In addition I would also like to thank the people from Harare province who elected me to represent the people from Harare.  Furthermore, let me also thank Hon. Musabayana for moving this motion. 

          I want to thank the President for allowing observers from other nations to come and observe our elections which were conducted in a fair way.  The President put emphasis on working as a team and as a country because we are supposed to work together as a country.  Nothing bad is supposed to happen to us as Parliamentarians.  We are supposed to work together and not discriminate each other.  People from outside are looking at us as the leaders to work together as a team. 

I also want to thank the President for his assistance when there was the cholera outbreak that took so many lives, especially in Harare and other places surrounding Harare.  Many people passed on after being affected by the cholera outbreak. 

          I would like to request the President to give priority to building hotels at the airport because it is the first port of call for our visitors.  This will assist our economy as people will easily access accommodation.  I think a game park can also be put in place which is like Mbizi Game Park as a tourist attraction.  Road infrastructure should be improved so that it is easy for us and our tourists to travel around.

I want to implore the President to arrest all those who commit crime, especially those who rape children.  I also request that those affected by cancer be treated for free.  There is need to improve our drinking water so that everyone can have an improved standard of living in a free country.  I thank you.

HON. KWARAMBA:  I move that the debate do now adjourn.

HON. MGUNI: I second.

Motion put and agreed to. 

Debate to resume:  Wednesday 6th February, 2019.

REPORT OF THE ZIMBABWE HUMAN RIGHTS COMMISSION FOR THE YEAR 2017.

Second Order read: Adjourned debate on motion on the Report of the Zimbabwe Human Rights Commission for the year 2017.

Question again proposed.

HON. MATEWU: Thank you Madam Speaker.  Let me first start by thanking the gracious and noble people of Marondera Central for their foresight in electing me as their Member of Parliament.  I also want to take this opportunity to thank my party MDC Alliance, led by President Advocate Nelson Chamisa for entrusting me in this role to represent the people of Marondera. Allow me Madam Speaker Ma’am, to also pay tribute to my predecessor, Hon. Lawrence Katsiru for such a smooth transition.

          Madam Speaker Ma’am, let me start by quoting Section 44 of our Constitution which reads and I quote, “The State and every person, including juristic persons, and every institution and agency of Government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this Chapter”, which is Chapter 4 of our Constitution.  These include fundamental human rights and freedoms such as the right to life, personal liberty, arrested and detained persons, human dignity, freedom to demonstrate and petition and many others.  I could go on and on.

          Madam Speaker Ma’am, the Zimbabwe Human Rights Commission (ZHRC) highlighted in their 2017 report, their visits to 25 prisons which among them included a visit to Marondera Farm Prison.  It was noted with disdain how the prison conditions are abhorrent and not even meeting the minimum human rights standards.  This just highlights the sorry state of our prison system.  Women prisoners were residing in wooden cabins and not to mention the poor diet, bedding and how prone to various diseases that these prisoners are exposed to.  I urge the Hon. Minister of Justice, Legal and Parliamentary Affairs to urgently look into this matter and try to ensure that our prisons meet the standards for human rights.

          Madam Speaker Ma’am, the other part that I want to briefly touch on is on evictions.  Section 51 of the Constitution talks about the rights to human dignity to be respected and promoted.  I noted in the Zimbabwe Human Rights Commission Report that in five cases of farm evictions, the rights to freedoms of movement, shelter, education, health, food, water and related rights were all violated.

          Madam Speaker Ma’am, as we sit in this august House today, 25 families were evicted in Marondera from a farm called Stovel.  These people were evicted soon after the harmonised elections on 30th July, 2018 and they are living in atrocious conditions.  They live beside a sewerage swamp that is adjacent to Rufaro Dam where all the effluent from Marondera flows into.  This must never be allowed in the 21st century.  I therefore, urge the Government to do all it can to assist those evicted from farms especially wherever they may be, Marondera or otherwise because these people also have fundamental human rights enshrined in the Constitution.

          The report also highlighted on the heavy handedness of the police in 2017.  Obviously, what happened in 2017 was that the police had roadblocks all across the country. This was highlighted in the report and they were heavy handed.  It is worrying to note that this is still happening today.  We all know of the events that transpired two weeks ago where, not only the police but also all security services including the soldiers from the intelligence services who were heavy handed in their approach to discipline  – [AN HON. MEMBER:  There was chaos.] -  Indeed, there was chaos but then the chaos meant that the soldiers went in and did atrocious human …

          THE HON. DEPUTY SPEAKER:  Order, order, Hon. Member, may you please address the Chair.

          HON. MATEWU:  So Madam Speaker Ma’am, human rights were violated on people as nearly 15 people lost their lives to State brutality.  This must never be allowed to happen in our country again.  Human rights must be respected …

          HON. PHUTI:  The Hon. Member spoke in Kalanga.

          THE HON. DEPUTY SPEAKER:  Order, order, you may continue Hon. Member.

          HON. MATEWU:  Thank you Madam Speaker Ma’am. In concluding, I just want to say that this august House must never, ever condone human rights violations – [AN HON. MEMBER:  On a point of order.] – Point of order ipi? – [HON. MEMBERS: Inaudible interjections.] - 

          THE HON. DEPUTY SPEAKER: Order Hon. Members.

          HON. MATEWU:  Madam Speaker Maam – [AN HON. MEMBER:  On a point of order Maam.] – This House must never condone human rights violations. – [HON. MEMBERS: Inaudible interjections.] -

          THE HON. DEPUTY SPEAKER: Order! – [AN HON. MEMBER:  Can the Hon. Member address the Chair.] –

          HON. MATEWU:  I am addressing the Chair and not you, sorry.

THE HON. DEPUTY SPEAKER: Order, order! Hon. Members, I think we must behave honourably.  You may continue.

HON. MATEWU:  In conclusion, this august House must respect the fundamental human rights which are enshrined in our Constitution.  I commend this statement to the House.  I thank you. 

*HON. B. DUBE:  Thank you Hon. Speaker.  The issue of human rights which has been spoken about by the previous speaker is in support of the report that was put forward by the Human Rights Commission.  It states that our country should support human rights.  The commission that was set up should make sure that the Government and private actors do what is required in terms of respecting human rights.

My view towards the Human Rights Commission report is that Government is not respecting human rights according to the law.  The report indicated that there is violation on road blocks and mistreatment of people.  I think there should be a commitment towards the orientation and training of the police, army, CIO and prisons – human rights should be part of their curriculum. 

This is so because people commit crimes but they should not be punished by those who apprehend them.  The police should only do their job.  They should be educated.  It should not end there because members from the private sector need to be taught about human rights.  Even in this august House, we should have workshops that will sensitise us on reports.  You find that there are challenges that are brought up.  These include child marriages which are even practiced by some Members of Parliament here who marry children in their churches.  As parliamentarians, let us lead by example so that we know that our members are fully equipped and when it comes to human rights measures, that as it cascades down, as Members of Parliament, we will be able to help.

I am saying this because it is difficult for us as Parliament to talk about human rights especially the girl child because as I have said, if we have Members of Parliament who are marrying young children in their churches – those people in churches should be educated especially the Vapostori churches.  They should be educated not to marry under aged children.  Members of Parliament and the police should also work hand in hand in order to educate these people.  If it is not being practiced here, it will not be of any use.

Human rights issues be taken seriously.  It is said that the development of a country goes to the extent to which the rights of the people are respected. A country which respects human rights better has higher chances of developing faster. I think we are retrogressing in terms of development because we do not have a good human rights culture since human rights and development go hand in hand.  I think this issue  needs to be taken seriously and our Minister of Justice, Legal and Parliamentary Affairs should take it further so that our Commission is empowered and equipped to act on the reports.  This will help us as a country.

Finally Madam Speaker, I would like to say that we need to value the report that has been brought in by the Committee.  We should take it upon ourselves to help in promoting human rights issues.  I thank you. 

*HON. KWARAMBA: Thank you Madam Speaker.  I stand up to add a few words on this human rights issue.  I have heard that when women commit crime, they are arrested and taken to the prison.  These women should be given a good diet since their health is very important.  They should be looked after well.  Women need a lot of things like drugs or contraceptives and should get them.  Some have children in prison.  I feel that these children should be accommodated separately because they are not incarcerated. They should not be put in prison together with their mothers.  The women prisoners who have children need to be treated well. 

These women in prison go for work with children strapped on their backs.  They are not given time to play or to look after their children.  Some of the children are supposed to be in school but they cannot go because the mother is in prison.  I am pleading  that women in jail receive special treatment.

On the issue of the army and policemen – these people are very important for maintaining peace in our country; people should not beat policemen.  Trump said that the police are there for our security.  If you kill a policeman, you should also be killed.  The army also maintain peace and so we should not fight them.  

During the riots that took place, we heard of stories that pertain to the issue of the army raping women.  The army is not there to rape or fight the people,  it is there for peace in the country.  It was announced on the radio and television that if there are women who were raped or abused by the army, they should report to the police but no one did so.  Issues should be brought to the fore as they are. 

I am a mother who has both girl and boy children.  I do not want my child to be beaten or even anything bad to happen to my children.  I should be honest and truthful. The rights are very good. Even here, we should have our rights that as I am debating truthfully you should clap hands for me.  We heard people were evicted, I have never heard that.  If by chance it happened, we should call a spade a spade and not add anything.  We should be people who are truthful.  I thank you.

          HON. MUDARIKWA: Thank you Madam Speaker, the Zimbabwe Human Rights Commission came to my constituency and they visited five different centres and they listened to the biggest complaint from our constituency which was lack of full complement at our schools.  We do not have enough teachers at our schools but also the other issue Madam Speaker is that most of the provincial reports analysis shows that 191 cases were reported in Harare and 130 cases were reported in Bulawayo.  What is now needed on the Human Rights Commission is to have offices in all the provinces as the current arrangement is like 90% of all their cases are Harare based.  We need them to open offices in rural areas, in our constituencies – [HON. MEMBERS: Hear, hear.] –

The other thing that we must also look at which was raised was the issue of funding.  Madam Speaker, if you look at partners that have joined the Human Rights Commission as their partners, they are known in whatever they do.  Some of them will never and have never supported the current Government and they have partnered the Zimbabwe Human Rights Commission.  This is a Constitutional Commission, it must get full funding so that it operates as an independent body.  Once it is given money by an organisation, then obviously it will now play to the tune of that organisation – [HON. MEMBERS: Hear, hear.] –

          So, Madam Speaker, any organisation, any Commission which is a Constitutional Commission means it is created by the Constitution of Zimbabwe.  Why does it go out begging?  So, we need Zimbabwe Human Rights Commission to have full funding.  Also because it is coming from the Constitution, it is a Constitutional board.  This report must be in 14 languages for all Zimbabweans to understand.  This is what is enshrined in the Constitution. Our Constitution has got 14 languages but the report is only in one language.  We must have 14 languages and the reports must be given to different people in different areas.  The tragedy Madam Speaker is that when we move from our constituencies to Harare, we try to behave like Hararians, we represent certain constituencies where these languages are spoken and we must emphasize that when I go back to my constituency, I must get a report written in the language spoken in my constituency. 

          There is no democracy; there are no human rights when we come to a situation that when I communicate, I communicate in the language of the Queen who colonized me yesterday.  I am a victim of colonization, it is in my DNA and it will never come out of me.  The purpose of Zimbabwe Human Rights Commission is to remove that colonial DNA, in our people so that they think in a liberated way.  Liberation or human rights independence does not start by just talking. It starts by the way you think, the way you walk, dance, the type of food you eat and the type of clothes you wear.

          When you go out for the weekend, an example is; on Sunday I was driving my VXV8 – [Laughter.] - which many people are crying for.  Madam Speaker, the tragedy was I saw T-shirts written Manchester City, Manchester United, Arsenal, I never saw a Dynamos T-shirt, even if you say you do not want Dynamos, I never saw CAPS United.  I even never saw something from Gor Mahia from Kenya, we are colonised even the way how we admire sports. I never saw a t-shirt of Highlanders.  Zimbabwe Human Rights Commission must start with an idea of educating legislators so that legislators can then go to their constituencies to free the minds of our people.  Even the music we enjoy, I went into one of these – [Laughter.] - You see the problem is when you say the truth even if there are 200 people who do not know what they do not know, I will never listen to them, I will stick to my point because I am a liberated person who understands where I come from – [HON. MEMBERS: Hear, hear.] –

          I cannot be diverted, one person asked me yesterday, who is the most beautiful person on earth?  I said it is me, I am the most beautiful person, never mind the size – [HON. MEMBERS: Hear, hear.] – of my head, I am proud to be what I am – [HON. MEMBERS: Hear, hear.] –  That is the beginning of liberation and that is the beginning of how you understand – [Laughter.] -

          Madam Speaker, Zimbabwe Human Rights Commission needs our support; Zimbabwe Human Rights Commission needs the support of the Chairman of the Committee on Budget and Finance to make sure that they have got enough money to print copies and to talk to our local people in their local languages.  How do you go to Binga and start speaking English.  So, those who were listening I want to thank you and those who were not listening, I also want to thank you because you were not making a lot of noise.  Some of you were sleeping but you were not snoring. I thank you very much.

          HON. NDUNA: Thank you Madam Speaker, I want to debate as it relates to human rights in particular and as it relates to the Human Rights Commission report of 2017 in general. I want to say Madam Speaker, the human rights enshrined in Chapter 4 of the Bill of Rights in the Constitution are not absolute, there are a lot of issues that can trample and can impede on human rights.  I stand here to actually point out vociferously on those key issues that can impede on the progress of other people’s rights.  I have already said, human rights are not absolute.  I will give an example – [HON. MEMBERS: Inaudible interjections.] – the right for you to swing your fist really ends where my nose begins.  If you go any further, you are now infringing on my rights.  This is how I want to ventilate on the point that rights are not absolute.  Madam Speaker Ma’am, we saw on the 16th of January, 2018, what was organised and what it demonstrated – [HON. MEMBERS: Inaudible interjections] –

          HON. MADZIMURE: On a point of order Madam Speaker.

          THE TEMPORARY SPEAKER (HON. MAVETERA): Order Hon. Nduna.

          *HON. MADZIMURE: Thank you Madam Speaker.  We are debating on this Report and on the 14th, 15th and 16th the report was not yet written, so Hon. Nduna is pouring water on this Report because the issues contained in the Report are isolated from what he is debating now – [HON. MEMBERS: Inaudible interjections.] –

THE TEMPORARY SPEAKER: Order Hon. Members.  I am being informed that the report was put in our pigeon holes but the report that we are having currently shows that we have not read it.  I think it is prudent for us to adjourn the debate – [HON. MEMBERS: Hear, hear.] – Order.  We will be given time today for us to be able to read and be able to come and debate it.  When we are debating on this report, it is supposed to be specific to the Report. We do not need to work with general accusations and individual assumptions.  We have to be specific to the report – [HON. MEMBERS: Hear, hear.]

          HON. MGUNI: Thank you Madam Speaker.  I move that the debate do now adjourn.

          HON. NDUNA: I second.

          Motion put and agreed to.

          Debate to resume: Thursday, 7th February, 2019.

          THE TEMPORARY SPEAKER: I think this is the second time that we are postponing this debate. I am sure the Hon. Speaker also postponed this debate because we had not read the Report.  May we take it upon ourselves tonight and tomorrow to read that Report.  I thank you.

          On the motion of HON. MGUNI, seconded by HON. SIKHALA, the House adjourned at Ten Minutes past Four O’clock p.m.

 

 

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National Assembly Hansard NATIONAL ASSEMBLY HANSARD 05 FEBRUARY 2019 VOL 45 NO 31