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NATIONAL ASSEMBLY HANSARD - 12 FEBRUARY 2014 VOL. 40 NO. 33

Wednesday, 12th February, 2014

The National Assembly met at a Quarter-past Two o'clock p.m.

 

 

PRAYERS

(MR SPEAKER in the Chair)

ANNOUNCEMENTS BY MR SPEAKER

VISITORS IN THE SPEAKER'S GALLERY

MR. SPEAKER: I wish to recognise the presence in the Speaker's Gallery of the following: Members of the Anti-Domestic Violence Council, Members of Padare Men's Forum on Gender, Representatives of Civil Society and Officials from the Ministry of Women's Affairs Gender and Community Development.

MOTION ON GENDER BASED VIOLENCE

MR. SPEAKER: I wish to advise hon. members who wish to debate on the motion on Gender Based Violence to do so today, as the Minister wishes to respond tomorrow.

ORAL ANSWERS TO QUESTIONS WITHOUT NOTICE

MR. MLISWA: My question is to the Deputy Minister of Indigenisation. On 8th September, 2013 there was a sitting where Cabinet resolved that, for Green Fuel to be given a licence to trade, they must comply with the Indigenisation Act of 51%. I would like to know from the hon. Minister whether that has been the case and is that the reason why Green Fuel is operating. The condition, I will repeat, was that they must comply with the 51%. Has Green Fuel complied with the 51% and is there any other Cabinet meeting which was held to rescind that decision?

THE DEPUTY MINISTER OF YOUTH, INDIGENISATION AND ECONOMIC EMPOWERMENT (MR. TONGOFA): Thank you Mr. Speaker Sir. The question which was asked by the hon. member is very important but I would like to say the process for complete indigenisation and compliance with the Indigenisation process is still going on with regards to Green Fuel.

MR. MLISWA: Mr. Speaker Sir,my question to the hon. Minister is that at a sitting that Cabinet had, it was resolved that for Green Fuel to trade, they must comply with the 51%. Green Fuel is trading, have they complied and if not, was there another sitting by Cabinet to rescind that decision?

MR. TONGOFA: Thank you Mr. Speaker Sir, the question which has been asked by the hon. member requires me to go back and come with the true picture, but currently, the process is on-going as far as I know.

MR. MLISWA: Sorry, Mr. Speaker Sirif the hon. Minister does not sit in Cabinet, it is best for him to refer to the Minister who sits in Cabinet. The question was very clear and this is as a result of the rampant corruption which is happening. The question that I am asking is if Cabinet resolves that something must happen, it must then happen but if then something happens without resolution of Cabinet, then as citizens we worry to understand; what it is that has made it to happen without sticking to the Cabinet resolution? That is a policy question which the Minister must address.

THE DEPUTY MINISTER OF YOUTH, INDIGENISATION AND ECONOMIC EMPOWERMENT (MR. TONGOFA): Thank you Mr. Speaker Sir, I urge the hon. member to put the question in writing for him to get the exact answer he wants. Mr. Speaker Sir, I also refer the question to the Leader of the House, if he has the answer to the question right now.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): Mr. Speaker Sir, I am not privy to the original question, which is the first point I want to make. On the aspect of the supplementary by Hon. Mliswa, before I deal with the content and substance of the supplementary, I would like to attend to the preliminaries and these are; members of Cabinet are sworn to secrecy. I am surprised that he is fully aware of the debate that goes on in Cabinet and the content of the resolution which Cabinet made.

If you had made quotation elsewhere, but to say that on a particular meeting, Cabinet made the following decisions and the following debate, that is in violation of the secrecy we take as Cabinet Ministers. My colleagues will bear with me on this issue. Having said that, I am not so sure as to what his problem is because we have a law in this country that investments of that magnitude will result in a 51-49% structure and that is in process. I thank you. [HON MEMBERS: Inaudible interjections] -

MR. SPEAKER: Order, order Hon. Wadyajena, have noticed that you were talking across the table most of the time, shouting and provoking the people on the other side. It is not right.

MR. S. S. NKOMO: Thank you Mr. Speaker Sir. I just wanted the Minister to be reminded that the issue he refers to as secret was actually made public. It was brought to the public domain, so can he answer that question?

MR. MLISWA: Mr. Speaker Sir, I think when we direct the questions to the Minister, the Minister responsible must answer. I did not direct the question to the Leader of the House; I directed the question to the Minister responsible for that. Secondly, may the Hon. Mnangagwa know that the …

MR. SPEAKER: You are out of order hon. member. One of the responsibilities - [HON MEMBERS: Inaudible interjections] - Order, I am not inclined to name hon. members who do not listen to the Chair's order, I am not inclined but I shall be inclined. Hon. Mliswa is advised that the Hon. Minister is Leader of Government Business in Parliament and therefore, has the right to answer accordingly.

MR. MAONDERA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Local Government and in his absence, to the Leader of Government business in Parliament. What is Government policy with regards to projects that take long to be completed? This is in relation to the airport road that has taken long to be completed, yet there was an agreement between City of Harare and Auger Investments. Thank you.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): I am grateful to the hon. member who has made a question and provided an answer for himself. The question is: What is Government policy on projects that have not been completed within a period; determined by whomever. He mentioned that there is the airport project which has not been completed, may I say that Government has no policy to create projects which does not complete, that is the first part.

The second part is that Government, because of fiscal constraints, does not complete projects on timeframes established for the project. Currently, Government has financial constraints and so these projects, not that alone, but several others are not being completed on time because of the constraints of budget and this is common knowledge among all hon. members in this House including him. So, he did provide the answer himself but it is not complete. One aspect he did not mention is that there are no funds, and yes it is true, funds are not there.

MR. MADZIMURE: Thank you Mr. Speaker. The project being referred to is not a Government project. It is a project that was taken to tender and an agreement was reached to the construction of the road and it was supposed to help Zimbabwe attract people during the World Cup.

MR. SPEAKER: Order. What is the question hon. Madzimure?

MR. MADZIMURE: What is the policy when a contractor who is contracted to perform a certain task does not do so in time?

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): I am happy that the hon. member who is a seasoned member of this House says that this is not a Government tender neither is it a Government project but he is willing to ask a Government Minister to talk about a project -[Laughter] - which is not a Government project. The project is a Private Partnership Project. It is done by the private sector.

However, Government has interests to make sure that such projects are actually completed during the agreed or designed framework. I am happy that hon. Madzimure has pointed out that this was not Government. When I answered the first question, I thought it was Government, I now realise that you are correct and I was not. This is not Government - [Laughter] -

MR. PHIRI: My question is directed to the Minister of Primary and Secondary Education. What is the Ministry's policy stance on the continued leak of examination papers and failure rate by our children in secondary schools? A 20% pass rate, which is 2 out of 10, if one is a teacher and has 10 children, there will be 2 children passing out of 10. That is not good enough. What is the Ministry's serious stance on the failure rate and the leakage? The leakage is discrediting our education system in this country. Thank you.

THE DEPUTY MINISTER OF PRIMARY AND SECONDARY EDUCATION (PROF. MAVIMA): Thank you Mr. Speaker. The Ordinary Level pass rate continues to be of concern to the Ministry. However, we are happy that in actual fact, that situation is improving. This year, the pass rate was 21%, last year it was18%, the previous year it was 19.5% and the year before that it was 16.5%. Mr. Speaker Sir, this pass rate represents problems that started during the time that this country had serious economic problems and there was very little teaching taking place in our country. We are beginning to see the improvement now in the Ordinary Level results. This is also indicating the improvement that we are seeing in terms of both resources availed to school and the working conditions of teachers.

We hope that as time goes on, this situation is going to improve. Like I said, for example in 2009 we had 99.3%, we dipped in 2010 to 16.5 but the graph is starting to go up and we hope this will continue to happen. We are providing the necessary training, especially to headmasters in order to provide consistent and stable leadership to the schools so that they can improve. We are also working with the Civil Service Commission to make sure that the conditions of service for teachers are improved so that the pass rate can improve.

Mr. Speaker Sir, as far as the leaks are concerned, we are in a very difficult situation. This is so because these leaks mostly take place at school level. The leaks do not take place during distribution by ZIMSEC to schools. They take place at the school or in transition in district sectors to the schools. We have a responsibility as a country to ensure that the distribution, especially from district centres to the schools is done in ways that will not result in leaks. It is easier for us to deal with headmasters than situations where the leaks take place elsewhere due to logistical problems. Once we are able to identify the headmasters responsible, then we can bring them to book.

Currently there is the withholding of results because there were allegations of leaks. We are investigating that thoroughly. There is a committee of ZIMSEC that is currently working to ensure that we identify where the leak is. Once we have identified that leak, people will be held responsible. Through this process, we will be able to reduce future leaks. However, we are seized with this matter, both matters are important to our Ministry and we are working on them.

MR. PHIRI: My question was not fully answered. It only started when ZIMSEC was formed. Before that, it was not there, this leakage and the failure rate. If we do not take serious action, these are future leaders, if we do not take serious action against this, definitely…

MR. SPEAKER: What is the question hon. member?

MR. PHIRI: My question is on the failure rate. What are the steps, we have just been told about the teachers and headmasters. What about the school children?

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you Mr. Speaker. I thank the Deputy Minister who was holding the fort. I also thank the hon. member for asking the question which helps us clarify some concepts about examinations. To say that there was no failure rate when the system was running the examinations in conjunction with the Cambridge Examination Syndicate is further from the truth than anything I can imagine.

The fact that we have domesticated the examination system and configured it into ZIMSEC was in fact a process that we undertook in conjunction with the Cambridge Examination Syndicate. The marking system and the standards that we uphold are designed to replicate the same competence level of the original Examinations Board.

Now, failure rate, there are interpretations to what constitutes failure. We look at those students who have five credits at 'O' level and calculate that. But, you can also look at those students who have four credits at 'O' level and look at the figures as well, even three credits. So ultimately, you have to be saying to yourself and we are in this process ourselves saying, why is there a normative of 5 subjects? It could be six or four subjects. It is an arbitrary measure in a sense but any learner who has undergone a programme of study and comes out at the end of that process with say, four subjects; they can still be material for training in technical institutions. So, when we say they have failed, we must be saying they have failed to get credits to proceed to what kind of training, because there are still opportunities even for those with four or three subjects.

Indeed, admittedly, a lot of our people also want to have the five credits at 'O' level and consequently, when they fail to make the initial five at the first sitting, they make further efforts to sit either for one additional subject in the June examinations or two subjects, which matters we have now addressed and said, the non formal component of the Ministry will now offer a robust programme to take care of those in the community who wish to supplement in these ways. Thank you.

MRS. NYAMUPINGA: Thank you very much Mr. Speaker Sir. My question is directed to the Minister of Justice, Legal and Parliamentary Affairs. I would like to find out from him if it is Government policy to have Victim Friendly Courts only in Harare as opposed to other courts in the country. I am asking that because we have got cases of concern to us as women that are pending in courts for a very long time and the reason given is that we need to be in a Victim Friendly Court. Thank you.

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): Thank you hon. Speaker Sir. I am in total agreement with the hon. member that the fact that we only have the Victim Friendly Courts in Harare is not a proper situation. We would want to have these types of courts in all the major cities and provinces so that justice is accessed by the class and category of persons in those areas and regions. But of course, as a result of financial constraints, we are unable to establish them across the country. This indeed, I share the concerns and I hope that the Minister of Finance and Economic Development or his Deputy Minister who is here and is hearing these concerns. I believe that in the future, they will provide adequate funding for us to spread the courts so that these concerns can be taken care of. I thank you.

MR. MUNENGAMI: Thank you Mr. Speaker. My question is directed to the Minister of Local Government, Public Works and National Housing and in his absence I will direct it to the Deputy Minister. Hon. Minister, what is Government policy regarding private developers who buy land, either from the State or from local authorities in order for them to develop so that people can have residential stands but then fail to construct infrastructure, like sewer and water reticulation and allowing people to build houses on those areas which they would have bought from them without those infrastructure developments.

THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (MR. MATIZA): Thank you Mr. Speaker. I want to thank the hon. Member of Parliament for asking a pertinent question that we are addressing. The issue of land developers is an issue that is a cause for concern for our ministry and we have started to address that issue.

In housing delivery policies that we have, part of the players are the land developers, the co-operatives and the individuals, but this housing delivery has to be done in a properly and coordinated manner. Now, our policy and that of Government; when a developer has been given land to develop, he is given conditions which he has to fulfill on his offer letter. One of them is to make sure that servicing is done. Those who are doing so, we are taking some corrective measures to make sure that people are given land that is appropriate for settling and for building. Thank you.

MR. MUNENGAMI: Thank you hon. Speaker and thank you Minister for the answer. How long does it take Government for them to correct the problems which the residents are facing? The reason why I am saying so hon. Speaker, I will give an example of Pfugari. I think we know where Pfugari is. There are some stands and people have already built houses there but there are no roads, no sewerage and because of cholera and diseases at large, they are prone to those issues. So, how long does it take for the Government to actually rectify that problem?

MR. CHINOTIMBA: On a point of order Mr. Speaker Sir. My learned Member of Parliament seems to be asking a new question - [HON. MEMBERS: Inaudible interjections]- - [After Hon. Chinotimba had said linen Member of Parliament, instead of learned Member of Parliament]-

MR. SPEAKER: Order, order. I am afraid, the point of order is misplaced and the supplementary question is valid.

MR. MATIZA: Thank you Mr. Speaker. We have a big problem at hand now with the issues of land developers and co-operatives. This is an issue we are addressing. We have already started discussing with the co-operatives and these organisations who we know are doing double allocations, putting people in areas where there are no services and without formal structures required by the Act for their existence; those that do not have books of accounts and those we know that there is a swindling of the common man. The Ministry and Government have taken a position to rectify that anomaly and as we speak now, we have a programme through which we have listed and are going to bring to book all those who are not complying according to the Act, together with the Ministry of Small and Medium Enterprises and Co-operative Development. We will be working together to make sure that they comply with the Act that allows them to exist.

I must emphasise that it is a sector that we are putting up a lot of attention to correct this anomaly. We have over 120 registered housing co-operatives who are supposed to play a role in housing delivery, yet there is nothing coming out of it. We are looking at issues of making sure that all the anomalies of the money that is contributed by the cooperator is commensurate with the development on the ground. We have set up a committee to look into all the co-operatives in Harare North, South and other areas. We have met all the co-operatives and we are putting them in line. We have a programme whereby by end of June, we are looking at making sure that the person who is on a serviced stand is the same person who is paying for its development and that development is commensurate with the money being paid. We are working towards normalising this problem. Thank you.

*MR. MUKWANGWARIWA: Thank you Mr. Speaker. I thank Hon. Munengami who talked about Whitecliff. Is it Government policy that money is accepted without plans being approved and no water and sewer reticulation? People are living in uncertainty as regards that issue.

MR. MATIZA: Mr. Speaker, the case of Pfugari, I think was dealt with by the courts. However, it is not Government policy to accept money and allocate land where there are no services. As I said, we are looking at the whole structure, the whole matrix of these developers. Very soon, there will be a Developers Bill that is coming to this House to make sure that we normalise and bring sanity to this chaotic scenario that is going on. It is not a Government policy to house people in areas that are not serviced. Thank you.

MS. D. SIBANDA: Thank you very much Mr. Speaker Sir. My question is directed to the Minister of Primary and Secondary Education. Hon. Minister, is there any Government policy as yet with regard to the fact that it was captured and agreed that there will be free primary education in Zimbabwe. The reason why I am asking this is because we have more than a million children who are not going to school at primary level -[HON. MEMBERS: Inaudible interjections] - In my constituency, I have got children who are supposed to be in Grade 0 who a-re paying up to $50 in primary schools. Thank you.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you Mr. Speaker and I thank the hon. member for raising the question, the question whether we have policy to offer free primary education as is anticipated in the new Constitution. The hon. member, I am sure is referring to the second chapter of the new Constitution which refers to the aspirational National objectives. Those aspirational National objectives will be approximated as the outturn of the economy improves. Therefore, the policy will evolve in tandem with the socio-economic circumstances of the nation.

On the second part where there is an implied suggestion that a million young people are outside school, I would be surprised that the hon. member has not read the media related to this and also our response thereto. There was, at the beginning of the term, a moratorium on tuition and levies for all classes of schools but I do have 8500 schools throughout the country. I would not exclude some blind spots. However, I am aware of the fact that even children who are on BEAM, the payments relating to BEAM do not coincide with the beginning of each new term. We covered those by simply saying there would be no exclusion of children or learners on the basis of non settlement of levies and that all parents are meant to see each of our school heads and make arrangements for settlement of the same. Thank you.

MR. MHONA: Thank you Mr. Speaker Sir. My question is directed to the Minister of Tourism and Hospitality Industry. What is the Government policy on the introduction of 15% VAT on nonresident tourists and the implication it has on the sector? Thank you.

THE MINISTER OF TOURISM AND HOSPITALITY INDUSTRY (MR. MZEMBI): Mr. Speaker Sir, the question asked by the hon. member is a topical one currently in the tourism sector. I want to share with the hon. member that this morning after Cabinet, I requested a central policy dialogue meeting between myself and the Minister of Finance and Economic Development, specifically to look at this issue of 15% tax on foreign arrivals. Just to mention that because it was announced here during the budget presentation, it is obviously part of the policy pronouncements by the Government. However, I have received appeals from the sector that point to an otherwise negative impact on the performance of tourism should that policy measure proceed to implementation.

We shall be meeting on Friday and in that context, I invite members of the Parliamentary Portfolio Committee on Tourism and Hospitality to join me in a meeting and the venue that I shall advise on Friday so that we can benefit from their own observations as to the impact of this 15% VAT on foreign arrivals. Thank you.

MR. MATANGAIDZE: My question is to the Minister of Transport and Infrastructural Development. Maybe, before I ask that question, may I express on behalf of the Shurugwi community our sincere condolences concerning members who lost their lives when we had the ZUPCO Bus which overturned and was swept by the Mutshabezi River in Shurugwi. May their dear souls rest in peace and I also want to wish those who were injured in the accident a speedy recovery.

Hon. Minister, I do not have to over emphasise the importance of the Shurugwi Chivi road. It is one of the major interlinks …

MR. SPEAKER: Order, order, Hon. Matangaidze, the question is not a policy question.

*MR. CHAMISA: Thank you Mr. Speaker. I have decided to ask my question in Shona. I am going to direct this question to Hon. Mnangagwa. In Government, we heard by the Acting President, who happens to be the Vice President of this country, Hon. Mujuru - what Hon. Mujuru said Mr. Speaker, is there a common purpose in Government or is it now, one does as they please, in terms of the issue of corruption which is now endemic? I am saying so because ever since that started, no tangible arrest or people having their past catching up with them, being brought to book. There is nothing to that effect.

*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): I have heard the problem that my colleague has, about wanting to know something that does not concern him. Each and every person has his or her own area of operation; it does not surprise me for him because he is offside. We of that area where your concerns are, we are in total agreement that corruption is evil from the top right to the person at the grassroots. There has never been a time when we were surprised or amazed that corruption may be allowed in this country. Wherever corruption raises its ugly head, it must be struck on the head. There has to be a systematic manner in which we attack corruption. People are going to be dealt with accordingly.

*MR CHIKWINYA: Thank you Mr. Speaker. The response given by the Minister does indicate that at present, no one should be arrested or even taken before the courts because of corruption. Furthermore, when Vice President Mujuru's words were to the effect that it should not be mentioned in the newspapers, is that Government policy?

*THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. MNANGAGWA): Mr. Speaker, I have tried my level best in my vernacular language, I use the Chikaranga dialect because he comes from that area and he appreciates it.

My response to the question is that no people are dealt with accordingly. There is a manner in which they are going to be dealt with. I did say that there is procedure and that procedure should be followed so that we have a rule of law which our colleagues want so that the rule of law can be upheld. Some of us on this side of this House, when we follow the rule of law, you become angry as to why we are following rule of law, that is wrong. We are now following the rule of law so that the person is charged and tried. In terms of the law, there is what is called sub judice which means that when an issue is pending, it cannot be dealt with. They are to be dealt with by the courts. What you have said about the Vice President of the country, she responded yesterday that in fact her thrust was not on the publication by the media which she responded to in English, but that was the import of her response that ZANU PF - from the highest authority to the commonest person and yourselves included, you do not condone corruption. You are the same as us on that aspect -[HON. MEMBERS: Hear, hear]-

MR. MADZIMURE: Thank you Mr. Speaker. Hon. Mnangagwa, as it was mentioned, maybe we did not understand but we did understand. The Vice President, was saying there was third hand that is now involved in the parastatals as a way to reek havoc or destroy our parastatals. Is it true that some people who are dishonest who are within these parastatals are being used by other forces?

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (MR. MNANGAGWA): I have understood your question there is no question at the beginning where you have tried to pose a question. No I am now on the floor, I am now responding to what I understand. Where I have made a mistake, correct me. Let me respond to the question as I understood it. We are in agreement that we do not want corruption. Then you said there is a third hand, it is a third hand, we have not identified whose hand it is -[ HON. MEMBERS: Hear, hear]-

MR. SPEAKER: Order! Order! I shall rule that there shall not be any further supplementary because the questions being raised relate to hear-say, interpretation of what was said and so on. I think let the matter be resolved in terms of Government procedures. [Hon Chinotimba having stood up to debate after Question Time had expired] -[HON MEMBERS: Sit down!] Order. I think I was indulgent enough to get an extra four minutes, because there was a response.

Oral Answers to Questions without notice interrupted by MR. SPEAKER in terms of Standing Order No.34.

MINISTERIAL STATEMENT

FLOODS AT TOKWE MUKORSI DAM

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (MR. KASUKUWERE): Mr. Speaker Sir, allow me to report to this House the developments at Tokwe Mukorsi Dam and what our Ministry is doing to date.

The Tokwe Mukorsi Dam catchment has received significant rainfall far exceeding the average rainfall of the region. This has resulted in an increase I runoff (water flowing into the dam) resulting in a rise in water levels in the dam.

Tokwe Mukorsi Dam was designed as a Concrete Face Rockfill Dam with a height of 89.2 m and a capacity of 1.8 billion cubic meters. It has 5 earth fill dams that ensure that water stored at full supply level does not escape through depressions between the hills. The 5 saddle dams are complete and were handed over to the Employer, that is, the Government. The material used for dam construction was determined by what is naturally abundant in the vicinity of the dam site.

The main dam is located between mountains and there is ample rock to be blasted for construction. For the structure to be able to hold and store water, the upstream face is sealed with a layer of reinforced concrete. The work was scheduled such that the rock fill embankment would be built first then the concrete face done seal. The concrete face is required to be cast with a continuous process so that once started it must be taken to its logical conclusion without stoppages. When the dam is full, an area of 9 600 hectares will be flooded while at high flood level 11600 hectares will be inundated.

IMPLEMENTATION STRUCTURE

The Contractor for the project is Salin Imbreglio Joint Venture. Their role is to execute the works while the Zimbabwe National Water Authority is the Engineer for the project and provides supervision of the project execution to ensure that works are done to specifications on behalf of the Government who are the employer.

The riverbed level is 616m which is equivalent to a zero water depth

During the floods, water levels, storage capacity and reservoir surface area changed drastically on a daily basis and on one day, the level rose by nearly 2 metres in the dam.

Some water was envisaged to be stored this rainy season in the coffer dam while the construction work was proceeding and therefore a masonary arch coffer dam was built to store 15 million cubic meters of water. The water was to be used for construction purposes and any excess was to be safely conveyed away from the dam through the outlet works. In December 2013 irrigators downstream requested that whatever little water could be stored at site should be kept as the region was faced with a serious water shortage. Water levels were expected to reach level 660m based on a 40 year flow records of the Tokwe River which is equivalent to 44m water depth. The outletswould have been able to evacuate the stored water for use by irrigators without causing any problems for the structure.

The flood arrived on the 27th of January and over a 24 hour period (27/01/14 to 28/01/14) a 17.2m rise in water levels was experienced giving a water depth of 38.28m. By 05/02/14, water levels stood at 672.5m giving a water depth of 56.5m, which was already 12.5m above the maximum 44m anticipated depth. The total annual flow at the site from the 40 year records is 300 million cubic meters. To date (11/02/14), the flow through the site has been 800 million cubic meters over a two week period.

OUTLET WORKS

Mr. Speaker Sir, the maximum discharge through the outlet works is 80 cubic meters per second which translates to 6.912 million cubic metres per day. The inflow as at the 11th February, 2014 is 23,933 million cubic meters per day which is more than what outlets can ever evacuate. This has resulted in a rise in water levels from the expected 44 metres depth to 61.39 metres depth as of the 11th February 2014. The area under water has increased from the anticipated 60 hectares to 2600 hectares, putting families in the basin under threats of floods.

Due to the quick rise in water levels, there was a corresponding increase in seepage through the rock fill embankment. When the floods affected the site, work on the concrete face was yet to start. The increase in the water head resulted in an increase in seepage through the main dam rock fill embankment which affected the stability of the dam and downstream slope of the dam, resulting in the collapse of the downstream rock toe following the water seepage line as material in the zone became unstable.

WORKS IN RESPONSE TO THE FLOOD

In response to the flood threat, a three pronged approach was adopted to safeguard the structure. The following are the critical works being carried out:

-Raising the kerb to avoid overtopping of the dam which is now at level 682.4m which is 66.4m in height.

-Work on the raising of the kerb to avoid overtopping has been kept ahead of the rising flood waters. To date (11/2/14) the kerb is 66.4m high versus the depth of the flood waters which currently stands at 61.39m, giving a 5m buffer above the flood waters. The plan is to maintain that buffer to avoid over topping.

-Excavating a channel at level 680m which is 64m above the river bed to provide an additional water discharge outlet through the right bank spillway.

-To create additional capacity to evacuate the incoming floods through the right bank spillway, a channel is being drilled at level 680m which is 64m above the riverbed. The drilling for blasting purposes of the channel has been completed and the blasting was carried out first thing on the 11th February, 2014. Secondary blasting is needed to be done to break the huge boulders in the channel and create access for the lashing out (removal of the blasted rock) to clear the channel. This is expected to be completed within the next three days and will provide the possibility of evacuating an additional 9 million cubic metres per day. This will result in a reduction in the rate of rise of the water level further minimising the threat of overtopping of the embankment.

-Rehabilitation of the damaged downstream dam toe is in progress.

-To stabilise the slope of the dam, large rocks are being selected to be placed on the affected area and so far, 7000 cubic metres of the large rocks have been placed.

-Unless additional and exceptional floods are received on site, it is hoped that current measures will be adequate to avoid overtopping and likely breach of the dam embankment.

-I have constituted a 5 member team of reputable independent dam engineers who leave for Tokwe-Mukorsi dam tomorrow, Thursday 13 February 2014, to carry out an independent assessment of the situation and report back to me.

-I have also dissolved the ZINWA board forthwith so as to ensure that there is maximum and professional supervision of the work being carried out.

-I want to assure hon. members here present and the nation at large, that all systems have been activated to ensure that our infrastructure is secure. It has to be acknowledged that this is one of our most expensive investments running into over US$200 million worth of construction that has taken place.

-I would also like to urge our local Members of Parliament to fully participate and assist in the mobilisation of our communities as we move them to higher ground.

Mr. Speaker Sir, we are not over the challenge as yet, but I would like to assure the House that we will leave no stone unturned in ensuring the safety of our people and preservation of the huge national asset - that to date has gobbled hundreds of millions of dollars. I pray that our structure holds.

MR. MARIDADI: Mr. Speaker, I want to thank the Minister for the efforts that are being undertaken and for that report. Hon. Minister, when you plan a project, you plan with 3 scenarios. Best case scenario, ideal scenario and worst case scenario. When you plan with the worst case scenario you anticipate disaster and you deal with it. Now, the disaster has struck and you are incurring all these costs, who is going to carry these costs?

MR. SPEAKER: Hon. member, what is the question?

MR. MARIDADI: The question Mr. Speaker is, the cost is unbudgeted for and who is going to carry that cost?

THE MINISTER OF WATER, ENVIRONMENT AND CLIMATE: (MR. KASUKUWERE): Mr. Speaker Sir, I would like to thank the hon. member for his question. That is why I made a Ministerial Statement here to alert the nation to the challenge we are facing. It is a disaster and when you have a disaster, you cannot talk of who is going to incur the costs. It is a national disaster that we are dealing with. It is a challenge that we are seized with and like I said earlier on, we are just experiencing the challenge. The worst is not yet over but our people on the ground are doing everything possible to the extent that we should not see any major challenge happening in the next few days. I thank you.

MR. MATANGAIDZE: Thank you Mr. Speaker. When designs are made, there is a 1.3 safety factor already built in to cover what you are talking about. So, if you look at the volumes of water - [HON. MEMBERS: Inaudible Interjections]-

MR. SPEAKER : Order, Order.

MR. MADZIMURE: Thank you Mr. Speaker, I would want the Minister to clarify the circumstances leading to the dissolution of the board in the midst of a crisis. Did the board seriously contribute to the disaster that is before us. - [HON MEMBERS: Inaudible Interjections]-

THE MINISTER OF WATER, ENVIRONMENT AND CLIMATE (MR. KASUKUWERE): Mr. Speaker SirI have outlined the number of steps that we are taking to ensure that we deal with the situation and the challenges. One of the things was the lack of capacity to supervise and we saw it in the Board. Having taken that decision to say this Board has allowed this situation to go to this extend, it has no reason to be in office a day longer. I thank you.

MR. MAHLANGU: Thank you very much Minister for the statement, we sympathize and empathize with the situation at Tokwe dam. Minister, I wonder, does your ministry have resources to deal with the situation that is prevailing at the moment?

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (MR KASUKUWERE): Thank you Mr. Speaker Sir, I would like to thank Hon. Mahlangu for his question. What he did not elaborate was the kind of resources that we are expected to be having. What we have are officials and members who are already working on these projects and that kind of contract on its own is continuing. So far the resources that we have to enable us deal with the situation are the people on the ground. Mr. Speaker Sir, if the hon. member can make more resources available, I will be very happy to receive and use them.

MR. CHIKWINYA: Thank you Mr. Speaker and I would like to thank the Hon. Minister for alerting the nation. My question to the Hon. Minister is that, we have a lot of other dams within the country and there are people resident at a distant which is also dangerous in terms of risk to be saying to the proximity to the waters. What policy measures, learning from the experience of Tokwe-Mkosi, are you going to come up with to avert disaster in Kariba and Victoria Falls wherever you have such a situation.

The second question is how far is the nearest home sake, which has remained now considering that you have evacuated others. How safe is the nearest home sake which has remained now in Tokwe Mukorsi. What disaster prediction mechanisms are we going to put in place so that in future we can foretell weather conditions which bring about such disasters.

THE MINISTER OF ENVIRONMENT, WATER AND CLIMATE (MR. KASUKUWERE): Thank you very much Mr. Speaker, I thank the hon. member for the question that has been raised. Most of what is raised is something that the Minister of Local Government who is Chairman of our National Disasters Task Force will be able to deal with. Still as it may, when we have a disaster we get our civil protection unit to basically look at the issue and right now Mr. Pawadyira and his team are on the ground and on a yearly basis they carry out even awareness campaigns across all areas, when we are likely to have such disasters.

I would rather say this is a Government practice on a day to day basis; we have the capacity of dealing with this. The last question that was raised, this is to do with climate change and the Meteorological Service department have been up front, they have alert us that this year we will continue to have serious rains and we are likely to have flash floods as well as in the country and this information is already been communicate to the relevant departments especially the civil protection unit. Thank you very much Mr. Speaker Sir.

Questions without notice were interrupted by MR. SPEAKER in terms of Standing Order No. 34.

ORAL ANSWERS TO QUESTIONS WITH NOTICE

POLICY OF ESTABLISHING CLINICS ON EVERY 10KM PEG.

3. MR. MADUBEKO asked the Minister of Health and Child

Care to explain to the House whether it is still Government policy to have clinics every 10 kms and if so, why is it not the case in Vungu Resettlement area?

THE MINISTER OF HEALTH AND CHILD CARE (DR

PARIRENYATWA) : Thank you Mr. Speaker Sir, let me thank the hon. member for asking this very important question. It is true that it is Government policy that the distance between clinics should not be more than 8 to 10kms and that is the policy. We have not always been able to satisfy this because of lack of resources. The hon. member goes on to ask about Vungu Resettlement area; it is true that most resettlement areas have not benefited from the 8 to 10 km clinic policy, Vungu Resettlement is also included in this. That is why in our ZIM ASSET as Government we are saying we should build more clinics in resettlement areas. We are hoping that with the budget that we have we are able to identify such clinics in areas like Vungu Resettlement area.

ACCESS TO EDUCATION

4. MR. NDUNA asked the Minister of Primary and Secondary Education to inform the House how the Ministry intends to address the plight of 2.6% of the population of Chegutu who have never attended school.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you Mr. Speaker and I thank the hon. Member for the question. The Ministry recognizes basic education as a constitutional right and it is committed to the provision of equal access for education for all. Every child is entitled to enroll for ECD (A) modules during the year that he/she reaches the age of four, and ECD (B) the following year when they attain the age of five.

The Ministry has embraced the tenets of Child Friendly schools which encourage the approach whereby schools go out into the communities to seek out school-aged children so that they can access their basic right to education. A child-friendly is ready to accommodate all learners and facilitate Ministry's drive to enroll all learners who have never been to school and those who dropped out of school for various reasons.

Ministry policy is that every child should be allowed to be in school with appropriate measures to meet each individual at their point of need. Efforts are underway to strengthen the education system to ensure that it embraces every child of school going age.

For individuals who have not attended school at all and have attained the age of 16 years and above, the Ministry has a Non-Formal Education programme. This provides adult literacy programmes as well as functional literacy facilities for those who require a combination of literacy, numeracy and skills to apply in specific contexts.

Such programmes include the Zimbabwe Adult Basic Education Course ZABEC whose main objective is to equip individuals with literacy and numeracy skills. With these skills, adults can proceed to acquire requisite functional skills. Beyond this, adults have the opportunity to pursue other learning opportunities through the Part-time and Continuing Education programme. Such persons require these services, should approach the Head of their local school. Thank you.

ACHIEVEMENTS OF MDG 2

5. MR. NDUNA asked the Minister of Primary and Secondary Education to explain how the Ministry intends to achieve MDG number 2; to achieve universal primary education by 2015.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you Mr. Speaker Sir. I thank the hon. member for raising the question relating to MDG 2. It is important to realise that the MDG targets have largely not been met by most countries. However, hon. members may wish to know that Zimbabwe has achieved a 95.6% access to primary education to date.

Hon. members are advised that while MDG 2 falls within the Ministry of Primary and Secondary Education mandate, the final result is achieved through collaboration with other ministries as the goal requires infrastructural provisions, health, nutrition and social protection measures including BEAM, to complement teaching and learning efforts.

Therefore, the Ministry intends to work through the ZIM ASSET Social Services and Poverty Eradication Cluster in order to derive maximum benefits from the synergies of this team approach to national development.

Hon. Nduna, the Zimbabwean definition of Basic Education goes beyond universal primary education. Basic Education in Zimbabwe refers to four years of infant school, four years of junior school and four years of secondary education.

In order to achieve MDG 2, the Ministry has prioritised the issue of access to education. Hence, our emphasis has been on reducing walking distances to schools, upgrading the standards in satellite schools, particularly in the farming areas and decongesting over-crowded schools. The Constitution of Zimbabwe, Sections 27 and 75 oblige the State to provide access to education for all citizens.

Education is a multi-stakeholder enterprise, hence the need for public-private partnerships in the provision of school infrastructure and learning-teaching materials. In order to enhance access to education, the Ministry has a vibrant Non-Formal Education system to complement formal schooling.

ANNOUNCEMENT BY MR. SPEAKER

DRESS CODE

MR. SPEAKER: With Leave of the House, some Chairpersons of Committees have brought to my attention the question of dress code. Our Standing Rules and Orders No. 46 (2), "If the Speaker or the Chairperson, as the case may be, is of the opinion that the attire of a Member present in the Chamber during a sitting of the House is unsuitable or unbecoming to the dignity of the House, he or she may order that Member to withdraw from the precincts of Parliament until such time as the Member concerned is suitably dressed. The provisions of this paragraph shall apply mutatis mutandis," that means equally "to a meeting of a select committee."

Therefore, I would like to urge the hon. members, there has been one or two cases here in the House, but in the Committees it has been pronounced. The Standing Orders Committee, in August 2000, adopted and circulated this memo on dress code. It says, "The attire must be in keeping with the dignity of the House and that of Members of Parliament as national leaders.

THE STANDARD DRESS CODE FOR MEMBERS

a) In the case of women, smart other than in slacks or shorts. However, a complete slack suit or jacket and slacks may be accepted.

b) In the case of men, a suit or long sleeved jacket, trousers, shoes, socks, shirt and tie. However, a safari suit with long sleeves, trousers, shirt and tie may be accepted."

There was one member who was dressed in a safari suit with short sleeves yesterday, with a t-shirt inside. I exercised my discretion and allowed that member to be present because we had not brought this to your attention. I hope the Whips in their caucuses will remind all members accordingly. I think the message is very clear. You cannot start having interviews with - [HON MEMBERS: Inaudible interjections] - Order, order. You cannot ask outsiders to appear before the committees and these outside invited persons are properly dressed and you are not. It is not fair and is undignified.

IMPLEMENTATION OF CAREER GUIDANCE AND COUNSELING SERVICES

6. MR. NDUNA asked the Minister of Primary and Secondary Education to explain what the Ministry is doing to ensure the full implementation of career guidance and counseling services for the youths.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you Mr. Speaker Sir. I am sure that Hon. Nduna is aware that youths are under Hon. Minister Nhema's portfolio. However, careers' guidance and counselling is a major part of the curriculum from the beginning of infant school up to Ordinary and Advanced levels. The full implementation of the career guidance and counselling curriculum is therefore, one of the Ministry's strategic priority areas.

Among the measures to strengthen career guidance and counseling, the Ministry is currently updating the guidance and counselling syllabi for infant, junior and secondary school modules.

Secondly, guidance and counselling competencies have been included in the design of tailor made teacher in-service training programmes for ministry personnel. Guidance and counselling is time tabled and career's guidance is a component of its curriculum. The ministry is now constrained for its supervisory system to ensure that schools fully comply with the curriculum guidelines. The ministry will also continue collaborating with the Ministry of Public Service, Labour and Social Welfare in organising some Careers Day events throughout the country. Thank you.

SCREENING OF TEACHERS BEFORE EMPLOYMENT

7. MR. NDUNA asked the Minister of Primary and Secondary Education to inform the House;

(i) the Ministry's strategy regarding the screening of teachers before employment.

(ii) Whether they have access to a register of offenders deemed unsuitable to work with children.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): Thank you hon. Speaker and I thank the hon. Member, Mr. Nduna for raising question number 7. The Civil Service Commission is mandated with the responsibility of appointing qualified and competent persons to hold posts in the Civil Service. The Ministry stipulates that a qualified teacher is one with a relevant teaching degree and Graduate certificate/Diploma in Education or a Diploma/Certificate in Education obtained from a recognised Teachers Training College or University faculty of Education. The Ministry is given teachers through the Civil Service Commission from the Ministry of Higher and Tertiary Education, Science and Technology which is the training Ministry in this case.

The Civil Service Commission states that before making an offer of appointment, the appointing authority shall complete to its satisfaction all the checks necessary to confirm that the candidate is eligible for appointment. The checks include security vetting through the police and the signing of the Official Secrecy Act in order to weed out offenders deemed unsuitable to work in the Civil Service.

The process of recruitment for teacher training is best handled by the Ministry of Higher and Tertiary Education, Science and Technology. There is however, liaison between the Ministry of Primary and Secondary Education as the client Ministry and the Ministry of Higher and Tertiary Education, Science and Technology on the desired attributes of the teacher.

MR. SPEAKER: In terms of the ruling made last week that no member shall ask more than four questions, questions number 8 and 9 will be answered by the Minister by placing the responses with the Clerk.

WRITTEN ANSWERS TO QUESTIONS WITH NOTICE

SOCIAL EXCLUSION OF CHILDREN WITH DISABILITIES IN THE EDUCATION SECTOR

8. MR. NDUNA asked the Minister of Primary and Secondary Education to explain the Ministry's policy to ensure there is no social exclusion of children with disabilities in the education sector.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): The Ministry fully subscribes to the policy of inclusive education for all and has made special provisions to address the additional needs of learners with disabilities. Social exclusion is a form of discrimination which is against the Constitution of Zimbabwe. The Ministry recognises that where there is ignorance about disabilities, there is a high likelihood of discrimination.

To ensure that such social exclusion is prevented, the Ministry has embraced the tenets of child-friendly schools which are open and welcoming to the full diversity of learners.

The Ministry also insists that parents whose children have disabilities should be represented in School Development Committees to ensure that the interests of children with disabilities are adequately catered for.

It is the Ministry's policy to address barriers to the full inclusion of learners with disabilities. The Ministry's policy supports the role of teachers in championing inclusive education and disseminating information to counter attitudes that may result in the social exclusion of any learner. Therefore, the Ministry has included special needs education among its desired teacher attributes to the Ministry of Higher and Tertiary Education, Science and Technology which trains teachers.

HUMAN RESOURCE GAP BETWEEN URBAN AND RURAL SCHOOLS

9. MR. NDUNA asked the Minister of Primary and Secondary Education to explain the Minister's strategy;

(i) to bridge the infrastructural and human resource gap in the digital divide between urban and rural schools;

(ii) to harness the use of ICT in socio-economic development through building the human and motivational capacity for information capacity for Information and Communication Technology.

THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (MR. DOKORA): In view of the scarce resources, the Ministry has spearheaded a partnership approach to the provision of school infrastructure. On 4 December 2013, the Ministry mounted a successful National School Infrastructure Expo and Conference to sensitise and mobilise public and private sector organisations towards supporting its infrastructure development programme.

Through the participation of other stakeholders, the Ministry's aim is to use its limited PSIP and infrastructural rehabilitation funds to target financially constrained schools especially in the rural and resettlement areas. The Ministry has partnered with the Ministry of Youth, Indiginisation and Economic Empowerment's construction teams that provide labour for construction projects at schools, thus also creating opportunities for youth employment.

The Ministry of Higher and Tertiary Education, Science and Technology has also come forward to support this programme.

The Ministry policy supports the use of local, environmentally friendly architectural designs and material.

Using the experience of community mobilisation that resulted in the expansion of school infrastructure since independence, the Ministry is also working in partnership with School Development Committees, many of which have started construction projects with commendable results.

Modalities for the implementation of Public Private Partnerships (PPPs) for school infrastructure are being explored within the broader framework of Government's approach to PPPs under ZIM ASSET.

Also, the Ministry regards ICT development as a critical component for management, teaching and learning. Every school that purchases computers for teaching is expected to construct a computer laboratory. Schools that are not connected to the power grid are encouraged to exploit solar energy as a source of power. Preparations for connecting head office to provinces and some districts are at an advanced stage.

ORAL ANSWERS TO QUESTIONS WITH NOTICE

POLICY ON HEALTH CARE ASSISTANCE

10. MS. MANGAMI asked the Minister of Health and Child Care to explain Government policy on the assistance given to people whose health care treatment requires a lot of money for ailment such as transplants.

THE MINISTER OF HEALTH AND CHILD CARE (DR. PARIRENYATWA): Thank you hon. Speaker. Let me thank the hon. member for asking this question. Mr. Speaker Sir, the Government has an obligation to look after all its people in terms of health and people have got a right to health. We have got a policy relating to equity in health and also that provides for equal access to health services. So, even if you are suffering from flu or from a heart disease and may be you need a transplant, the Government is obliged to look after you. So we have got a policy where there is a Vote to assist such people but if that person has to be take for example outside the country, there must be a certification from our own consultants in the country who will say that, such services are not available in the country for that particular person so that they can be exported and be seen elsewhere where that treatment can be given. So, the policy is there. Yes the resources are little but we look after everybody in the country. Thank you Mr. Speaker Sir.

MR. S. CHIKWINYA: Point of order Mr. Speaker. Thank you Mr. Speaker, I allowed the hon. Minister to finish his response in respect of the hon. member who had asked but however, our Standing Rules are clear and I hope they can be stuck to. Written questions are expected to be responded to by written submissions and the Minister was not having such.

MR. SPEAKER: Thank you for bringing that to my attention. Hon. Minister, do you confirm the observation?

DR. PARIRENYATWA: Thank you Mr. Speaker Sir. I was not aware that it has to be written but clearly, that can be done. The answers are what we have provided and we will go and put them on paper so that they are able to be read in that way. I thought it would be captured by the Hansard but thank you Mr. Speaker Sir.

MR. SPEAKER: Thank you hon. Minister.

SALARIES AND OTHER BENEFITS BEING PAID TO THE TOWN CLERK AND DIRECTORS OF HARARE, BULAWAYO, MUTARE, GWERU, MASVINGO AND KWEKWE

11. MR. MADZIMURE asked the Minister of Local Government, Public Works and National Housing to give a detailed breakdown of salaries and other benefits being paid to the Town Clerks and Directors of Harare, Bulawayo, Mutare, Gweru, Masvingo and Kwekwe.

THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (MR. MATIZA): Thank you Mr. Speaker.The hon. Member's request shall be taken care of by my response to Hon. Zindi's request to avail salaries and allowances of the management of all local authorities, which are in the process of being compiled by our Ministry. This will also include Harare, Bulawayo, Mutare, Gweru, Masvingo and Kwekwe. So, we are busy compiling the statistics and these will be availed in due course.

MR. MADZIMURE: Thank you Mr. Speaker. I thought Mr. Speaker the Minister was given enough notice. The question has been on the Order Paper for the past two weeks and it is of national interest and our interest as members to get that information and can then the Minister categorically tell this House exactly when the information is going to be available. Time frame is important.

MR. MATIZA: Thank you Mr. Speaker. We are quite cognisant of the fact that this information is required and needs to be known by the public and by the House. We will bring the information on the 19th and that is next Wednesday. You will have the information presented to the august House.

MR. S. CHIKWINYA: Point of order Mr. Speaker. Honestly Mr. Speaker, if it was any other minister, I would have actually reserved myself but the hon. Minister actually made a commitment in this Parliament that no action will be taken in Chitungwiza before coming back to this House. He did not come back and went further to that action. What mechanisms has he put in place so that we trust him today?

MR. SPEAKER: Which measures are you talking about hon. Member? Is it about salaries?

MR. S. CHINKWINYA: No. Mr. Speaker, it is about the hon. Minister himself as a person. He makes promises …

MR. SPEAKER: I am asking. How does that relate to question number 11?

MR. S. CHIKWINYA: He makes promises which he does not fulfill to the House.

MR. SPEAKER: I rule you out of order. The Minister has promised that by the 19th, you will get the response.

MONEY BORROWED FROM CHINA FOR HARARE CITY WATER RETICULATION

12. MR. MADZIMURE asked the Minister of Local Government, Public Works and National Housing to inform the House;

(i) the amount of money borrowed from China for Haare City Water reticulation at Morton Jeffery Works;

(ii) the conditions of China - Exim Bank loan agreement and;

(iii) the seconded Engineers to advise on the number of Local engineers to be trained.

THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (MR. MATIZA): Thank you Mr. Speaker. The Government of Zimbabwe signed for US$141 346 392.15. This money covers the water treatment works and water pump station at Morton Jeffery and Corobra as well as the waste water treatment plant and the procurement and supply of materials, equipment and water treatment chemicals to cover a period of six months. The implementation of this project does not involve the handling of funds by the City of Harare in terms of Clause 14(12) of the Agreement. City of Harare instructs China-Exim Bank Bank to make payment to the contactor through the Ministry of Finance and Economic Development.

The key requirement in securing loans from China is that the contractor is Chinese and most of the materials are from China. The specific terms are as listed below:

· The interest rate is 3% per annum plus labour ( London Inter-bank offered rate) of 0.5;

· Management fees of 0.375% for contract amount;

· Commitment fee of 0.375% per annum;

· Four years grace period and capital repayment period of five years from the date after the grace period;

Even though the loan agreement was negotiated by the City of Harare, it was signed for between the Export-Import Bank of China and the Government of the Republic of Zimbabwe. In terms of Clause 9.2.4, "the contractor must ensure that all personnel for the execution of the works are adequately qualified, skilled and fit in the environment in which the work is undertaken". All leading engineers shall be registered with the Engineering Council of Zimbabwe. The registration shall be facilitated by the City of Harare.

In pursuance of the above clause, the Chinese Government through the contractor, China Machinery Engineering Cooperation (CMEC) seconded 46 engineers to Harare and so far, 25 are on the ground. Registration has been done to validate their qualifications with the Engineering Council of Zimbabwe. Their primary role is to design, install and commission the project, as well as train local engineers and technicians. This is provided for in clause 28.1 of the contract agreement which reads, "The contractor shall provide training to the owner's skilled employees nominated by the owner (City of Harare) …

The participation of the Chinese technical experts is important because they have the relevant skills and this will guarantee the functionality of the equipment installed. City of Harare will, during the life of the project, second 100 staffers that include engineers, artisans, technicians and plant operators. The current design phase is involving 30 council staffers. The city staffers on the project will receive and eventually transfer the skills to their colleagues.

In terms of clause 20.2, the contractor shall employ or cause to be employed only persons who are careful and appropriately qualified, skilled and experienced in their respective trades and occupation. Any sub contracting will take into account the empowerment of locals in terms of the above clause.

In addition to the above, clauses 37.1 and 37.2 state that the contractor shall not sub-contract the totality or any part of the work without written prior authorisation of the owner (City of Harare). In the case of sub contracting, the contractor shall be responsible for all actions, failures or negligence of sub contractors, agents or personnel as if they are its actions. These clauses are giving guidance to the contractors to ensure empowerment of locals in fulfilling the Indigenisation Empowerment Programme. Thank you.

MR. MADZIMURE: Thank you Mr. Speaker. Minister, considering that the total number of people including engineers who will work on this particular plant after the installation will be around 100, can you then justify the reason of us as Zimbabwe bringing in 46 engineers? How many engineers are they here to train?

MR. MATIZA: The equipment is not off the shelve product. It has to be designed and there is a design process where the city is seconding our engineers to understand this design and be able to maintain it, it is a new design. This is specialised work and it requires this number. An evaluation was done to make sure the required number of engineers from China who are qualified should come and be able to transfer not only the maintaining and running of the machine but in the design process so that our own locals have technology transfer. Thank you.

MS. ZINDI: Thank you Mr. Speaker. May the minister furnish the House with information in regards to the press reports we were reading in terms of inflated prices of the same equipment? In particular, boats which were stated that they could be sourced locally but they are being sourced from China at more than three times the price if they were to be sourced locally. For example, that boat costs $20 000 but it is being sourced for $90 000 from China. Also, is the equipment already imported? It is contrary to the press reports that the equipment is yet to be in the country. I thank you.

MR. MATIZA: Thank you Mr. Speaker. The reports that are coming out in the newspapers are to be validated with the documents that we have. As far as we are concerned, the documents that we have, the pricing structure of this whole programme of works and equipment is commensurate with the cost price. We are looking into it and validating the issue but as far as we have interacted with the City of Harare, their engineers have assured us that the cost of the equipment and the cost of installation is commensurate with the contract. Thank you.

MR. MADZIMURE: Thank you Mr. Speaker. Minister, you have just alluded to the fact that most of the work is actually being designed and done here in Zimbabwe. How sure are you then that the value that was charged is the actual, considering that it is still being designed? How did we arrive at the cost of $141 million for something that is not yet designed, which is being designed along the way?

MR. MATIZA: When we talk of design, we are talking of detailed designs. They are not being designed here as I said. We are seconding some from the local, staffers from the City of Harare to go and be part and parcel of the process of this design. When we say detailed, we are looking at the actual bolts and nuts of this whole equipment so that when it breaks down, we have somebody who understands the anatomy of the whole thing. In the pricing structure, this has been taken care of through the process of the design itself before the detailed design.

MR. MAHLANGU: Hon. Minister, who is going to pay back this loan? Is it the Government or the ratepayers?

MR. MATIZA: This is a contract that is signed between the Exim Bank and the Government of Zimbabwe but this has to be paid by the City of Harare. Thank you.

Questions With Notice were interrupted by MR. SPEAKER in terms of Standing Order Number 34.

MR. SPEAKER: In view of the notice that I gave at the beginning, it was requested that we deal with item no. 9, so, can I have an honourable minister to move for that.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF SMALL AND MEDIUM ENTERPRISES AND CO-OPERATIVE DEVELOPMENT (MRS NYONI): I move that items 1 to 8 on today's Oder Paper be stood over until Order No. 9 has been disposed of.

Motion put and agreed to.

MOTION

MANDATORY SENTENCE FOR RAPE

Ninth Order read: Adjourned debate on motion on gender based violence.

Question again proposed.

*MR. MANDIPAKA: Thank you Mr. Speaker. I rise to add my voice to this motion which is an important motion, which touches the lives of boys, girls, women and even men. There were so many things which were mentioned yesterday, people sharing their views on aspects of rape cases. Looking at this issue, I would like condemn the attitude of men who are abusing women. Mr. Speaker, may you allow me to read from the Bible, from the Book of Ephesians, Chapter 5:28 "So husbands ought to love their own wives as their own bodies; he who loves his wife loves himself". This will help all men who are abusing women.

According to this verse, this shows us that we must have love for our wives. It also tells us that the way we were brought up really affected us a lot. We were brought in a way such that a man has power over a woman, we experienced this from tender age of seeing women as if they do not think. From my own point of view, it is a culture thing, the way we see gender based violence today.

Looking also on the issue of gender based violence, we also have women who are so provocative in these cases of violence. We have reports from the newspapers, for example in areas like Masvingo, there are cases related to this type of violence. As a way of solving this issue, we must have a final say and have a solution to all these problems. One of ways of solving this issue, let me read from the Book of Ephesians which says, "wives submit to your own husbands." This Book teaches us that women are supposed to respect their husbands as husbands love their wives. The country needs to a multi sectoral approach to deal with gender based violence.

Let me say something on the issue of rights between men and women. It is a good idea if we have such a scenario. There are some perceptions that as we live as black people, when women are being abused for example the problem of gender based violence, it is a sign of manhood in the house but I do not agree with this point. I encourage married men and women to live as husbands and wives; they must not abuse each other, we need to live in harmony.

There are also some cases of assaulting and stealing of monies in this gender based violence. In areas where we come from, there are some cases like poverty and shortage of money which cause violence in the families. We want to thank efforts being made in educating people, the stern punishments being given and the broadcasting of those issues about women being abused in such cases of violence. We encourage those ladies who experience such situations to go and report to the police.

In my point of view, the police officers are doing a good job as they have a victim friendly unit which is specialised in investigating the issue of violence. As honourable Members of Parliament, we should encourage the police officers to have enough resources which will help them to investigate and give solutions to this. There is also need to have victim friendly courts in other provinces. We should have more victim friendly courts all around the country. I also agree with other speakers that the punishment should be severe.

The other issue Mr. Speaker which help, like the issue of Global Technology which disturb the day to day survival of our lives, for example, WhatsApp, Skype, Facebook, the modern technology which if unchecked, destroy the family fabric. Our young children are being abused because of these sites. So many things are coming out from these cellphones. In schools kids are no longer concentrating on learning, getting busy doing WhatsApp and Facebook on their phones. These technologies do negatively affect our system of education even the system of our lives as a nation. For example, pornographic material is being distributed through the internet and this is affecting whole families and encouraging violence in families. The problem I have Mr. Speaker, is on the punishment which was recommended by the mover of this motion with regards to gender based violence. For example, to assault a wife with a feast it is gender based violence. Is this going to conjoin with justice? I would like to propose that those people who commit certain crimes should be given stern punishment. Gender based violence it is everyone's concern and action must be taken by everybody. Even different organisations must be involved in the erradication of gender based violence. We should also take consideration of men when we discusse this issue because you find that the issue of gender based violence here at Parliament is being discussed only with women in mind. Men are should be included in our discussions if we are to see a reduction in the cases of rape and gender based violence on women. The mover of this motion Hon. Majome gave detailed information and some figures which are being reported to the police offices which are now adding up to ten thousand. She researched this motion whole heartedly and it will be to our benefit if this is done by everyone and all of the members do a full research. This will help the nation.

Also Mr. Speaker the issue of poverty because of sanctions is causing serious problems in the issues of gender based violence. It will help us if we work very hard and combine as family members. I thank you Mr. Speaker.

MS. MUZUNGU-MASAITI: Thank you Mr. Speaker, firstly I want to thank the hon. member who brought this motion into this House. Many a times we always hear such issues being discussed and we as representatives of the people do not have a forum to share what our experiences are and views on such motions. So, we want to thank Hon. Majome for bringing such a motion. I want to start by saying that as women we were invited to go and tour Msasa. We were really saddened by the children we saw and the experiences that they gave. All the MPs who were there should shed tears because the ages that were that become victims are those who are very young. I think in this country we need to get to a position whereby we need to educate our children on how to avoid becoming victims especially in our education curriculum in primary schools because we are to wait until a child is grown up it is already too late because we realised that there was a ten year old child and the other was 12 years old. Which means that child's life was already destroyed so I want to urge this august House that if possible we should ensure that our education curricula begins at primary education and should introduce gender studies. The children in at the primary schools should begin knowing what gender based violence is because some of us still believe in the tradition called chiramu whereby a brother in law is allowed to play with his sister in law. It is because children are not educated so we are saying the education curricula in Zimbabwe should have gender studies from primary school. For us to prepare our children still on that issue I also want to emphasise the need to educate the people which is the duty of the Ministry of Women Affairs and Community Development. When we drafted the budget we do not realise the mammoth task that the ministry is expected to do. You will find the budget allocation to the ministry is very little. This incapacitates them in terms of executing their mandate and going down to the grass root to educate people on their rights, to go and educate the girl child on how she can defend herself when it comes to GBV. I want to say that each time you bring a budget, the august House has realised the mammoth task that the ministry has we should ensure that when the budget is presented every year their allocation is reasonable enough for the ministry to carry out its mandate. Some people are not able to speak. We speak about what we saw at Msasa, it was a tip of the ice burg - otherwise what is happening out there is far more Mr. Speaker. So, what we are saying Mr. Speaker is that the ministry should be allocated more funds to ensure that they go down to the grass roots. Women are still discriminated against especially when it comes to gender based violence and we do not know where to get assistance, so we are hoping that it will be realised how important the ministry is when it comes to allocation of funds. They should be allocated enough funds to engage in educational programmes. We have structures in the ministry which have been decentralised but they have limited funding to go down to the grass-roots.

I want to thank the Minister who is in this House for being present while this issue is being debated. It shows that as a representative, she is concerned by this issue. We saw that so many men walked out when this issue was being discussed. When such issues are happening, you think it has nothing to do with you but the issue of gender based violence affects everyone. People think when we talk of gender, we are talking of women but it also refers to men. Your boy child can meet such challenges and men can also undergo gender based violence at home.

My appeal to this House is for us to understand and end this issue before us. In South Africa the sentence for causing gender based violence is 15 years but here in Zimbabwe, with evidence available, a magistrate is expected to give judgment that is in line with what has been said. He fails to take cognisance of the gravity of the person's behaviour so as to give 30-40 years but only looks at the fact that the law says the perpetrator should be given 10 years. We are saying such laws should be repealed.

Just the fact of trying to touch my body without my permission is a crime and a person should be jailed for such acts. Issues such as the way the person is dressed and the way they were walking is what made me rape them and also the fact that other mothers are more concerned about the benefit, while some say that mothers are the ones who encourage their children to do that, so that they get something in return should be a thing of the past. It is painful for children to be used in that manner. Such a parent, whether mother, father, brother or uncle, should be imprisoned because this child's rights would have been violated.

I was pained yesterday when I heard that some members in this House were actually saying that sometimes it is the woman who says this and that. It is only because you have not come across such a situation. When you come across it, you will understand. My request is that you take the male MPs to Musasa so that they can also get to hear the testimonies that we heard. It was painful and when we tell them they think it is a lie.

Among the more than 10 children who gave testimonies, none said they were raped by a person they did not know. They were raped by very close people such as uncles, brothers and other close relatives. It is so painful hon. members, that in this country we can let such things prevail. So, who can these children look up to for their voices to be heard? A teacher who is given guardianship of a child to nurture will take advantage of the child and actually rape or abuse the child.

Let us, as a country come up with laws that will curb this. I want to support what my colleagues said yesterday, that each person who is a perpetrator of rape - because you do not know how painful it is for one to be raped, that person's life and self esteem is destroyed. What it then means is you have destroyed that person's life. I would equate it to murder and for that reason, there should be a sentence of not less than 30 years given to a person found guilty of rape.

What pains me is what would have happened for one to go and rape someone. Does it mean they will have failed to get a wife or a woman in a population where women are 52%. It is better for one to get someone who consents to fulfill your desires rather than to go and rape an innocent child or a person who has not agreed to sexual intercourse. What is the problem that stops you from looking for your own partner?

What we are saying is that a stiff sentence will assist in deterring the perpetrators from abusing and raping innocent people. For a rapist to be given 10 years is not right. I also want to talk of the fact that there are MPs who talked about the ZRP, magistrates and prosecutors. I want to differ because amongst the issues that were raised by the children, we never heard about the cases being taken up. We are requesting the Ministry of Women Affairs to go to Musasa and make a follow up and check exactly where these cases stand and why they are not being attended to.

I want to say that there is corruption all over the country and it is so rampant that if one commits a crime he/she can end up paying a bribe for the issue to be thrown out. If a policeman accepts that bribe, can we say that is a good thing. Even when we go to the magistrates, judges and prosecutors, it is the same thing. There are cases of people who go and report but in the end it is like that person committed a crime by reporting. They will be asked questions like, for you to be raped how were you standing, what were you doing and other such questions. That actually increases the pain and trauma that one would have already suffered.

No-one can come and say I have been raped when he/she has not been raped. What is needed is that when one has been raped, there is need to ensure that the person who was hurt should not be hurt further and caused more trauma because of the questions asked. So, there is need to ensure that we do not further traumatise them. If there is evidence that a person has been raped, the perpetrator should be sentenced to jail.

The last issue that I want to talk about is to MPS - if it has not yet happened to you, you think it is nothing, but the day it knocks on your door, you will realise how bad it is. There are some people who say that it is not rape because they were in love. It is not a crime that you approach me, propose to me and I say I love you but you cannot force me to sleep with you because we are in love. The defence that people were in love should not even be raised for someone not to be jailed because it still is rape if I do not agree to sexual intercourse. When people go to court, they say we were lovers but when the rape is committed, I am not yet ready for that relationship. Yes, there are cases that women rape men. I do not agree with that, even people who are in here, in biology we were taught a lot because there is no man who is raped. The biological make up of men does not allow them to be raped if they do not want. If it is a woman even if she does not want a man can have sexual intercourse with her. If a man is raped by a women it is because he wants to, I thank you Mr. Speaker.

*MS CHIMENE: Thank you Mr. Speaker, I stood up to add my voice to the motion that affects the whole country especially women and men. I want to talk about the issue of violence; the problem amongst people is the definition of violence. Violence does not mean noise because when people hear noise they say there is violence. There is violence that is done in silence and a person is destroyed when people are watching not knowing what is happening behind the scenes.

Violence occurs between two people of the opposite sex, men and women including boys and girls. Yes, I agree that violence occurs in various areas but what is most painfully when it comes to violence is what I want to address. If we are in this august House, we are here as representatives of the whole country. What we might say might be quiet funny but to those people who are going to be listening and who are going to read the Hansard, it will affect them and they will be deeply hurt.

When a child is born in a family, a baby boy or girl, a parent has expectations that he has given birth to a child who will have a better life without any problems. As a mother you will be counting that my son will bring me a daughter in law and my daughter will bring me a son in law. I might have a baby by agreement as two people or I was given that child out of GBV or I am a parent who has one child. When you have a baby you will be saying that you now have someone to talk care of you.

You find an elderly man - I want to support those who spoke yesterday that big men abuse a child that is less than a year and I asked myself whilst I was sitting, how such a man can rape such a small baby, how it is done and what the man feels. This should not be called violence it should be given another term or title because as you rape a child who is below the legal age of engaging in sexual relationship, you are murdering, it is actual worse than murder. Children are used to being taken in the arms of their mothers and they are ever smiling but when an abuser takes the child she will smile at you not knowing that she is smiling at a rapist, does it not hurt you destroying the future of a child. Before, we used to know that rapists stay in forests, long back that was the case but now these are the people who live within our homes who are also scared of going in the forests but they want to stay in the household so that they can rape within. What is painfully Mr. Speaker is that after that person has raped they is no remorse shown by that person. You see an elderly man looking for a lawyer to exonerate himself from the case he would have committed probably he would have been caught in the act. Yes, I agree that sometimes the lawyers would be a woman.

Mr. Speaker Sir, in families - I have touched on the issue of children now I want to look at adults. I might be an adult such that I might be very smart and when people see me neatly dressed they think I have done it to lure men. I am neatly dressed because I want to go somewhere then someone decides he wants to rape me, it is not everyone who is loose enough to accept everything. Rape is bad in that it destroys and murders in two ways. It destroys a person physiologically and it also destroys in terms of health because they are very few rapists without HIV/AIDS. Most of these rapists cannot propose women because they will be showing signs and symptoms of AIDS.

They live a life of infecting others with HIV, what hurts us most as women is that if your child is raped and most of these cases are happening within the family, when you go to the police station with a raped child they will ask you who do you think is the suspect. When you tell them it is so and so who was at home and they will tell you to go and bring that person. Am I the one who should bring the suspect to the police and yet I am carrying a child who has been abused on my back. I am supposed to go and take the rapist and bring him to the police station, is that practical, the way the cases are handled; it is not encouraging at all. A lot of time is taken before that person is apprehended, you wait and when they go to look for the suspect they will tell you that we were unable to find the suspect and yet you will have met him on your way home and actually phone them to tell them that the suspect is there, but funny enough, they do not see him, they do not find him at all.

The time that is taken to deal with such cases to appear before the court, the children that are raped mostly are young children who forget. I once mentioned in this House; I agree with hon. Masaiti that, if it has not happened in your household, you will not understand it. A child who is 3 years old is asked what happened to you and they will tell you it is uncle so and so, he is the one who told me to come to him and then he asked me to show him my private parts and he showed me his private parts. A 3 year old child.

If a child has given sucha statement, it is more than enough evidence. Such a child should not be told other words because they will say that mum told me to tell you this but the evidence is not acceptable. They want witnesses for a 3 year old child. They will ask, in whose company she was in. I am talking of what I saw in my own household. If a child is given the platform to give a testimony, she explains from the beginning right up to the end without interjections, but you find there are interjections for the child to forget which stage she was reporting at. It is really disheartening in our lives.

The issue of questions asked by the police has been mentioned. I have knowledge because I have worked in the judiciary before and sometimes you would ask yourself why. Then you find cases are thrown away because the questions asked, a person can no longer go before the courts and explain because the father in law is there and other respectable people and for them to explain is difficult, especially if she has to say, 'he tried to touch my, my, my,' you find it is difficult for her to say out the words. It is causing the violence because no one is brave enough to go and report because of the procedure that I have mentioned.

I want to talk about it because it happened in my family, a person is raped and a child talks, before she even talks, she identifies the suspect and you find the suspect is given bail. A 3 year old child, when that person comes after 5 years, the child has forgotten, it is painful. When such issues are being talked about, we want to talk about family; we want to talk about our nation.

I want to touch on the issues of values and culture, that when a grandfather rapes his child, that issue is not supposed to be talked about and he actually refers to certain people; go and see so and so, talk to the child so that she might not reveal it to anyone just because it is her grandfather. Because once the grandfather is jailed, how then will you relate to his family?

Our elders had laws of reprimanding themselves if such things happen before the court system brought by the Europeans came. We heard that in some other areas, if a person was caught in such an act, then the relationship would end to show that this person is no longer my relative because of the crime that he committed.

Long back, there was what was being done, that I take my brother's daughter who goes and stays with the brother in law and the child ends up touched in different parts of the body under the system of chiramu, look after your sister's area. That is culture. Maybe it was good during that time because we did not have such evil thoughts that people have today. These days it is like taking the devil into the home. It is difficult and it is actually straining our relationship in families because you cannot trust anyone. If you take a relative's child to look after him, your husband might abuse the child and it will cause conflict with the parents of the child.

These days in families, it is now each family for themselves. We are failing to maintain our values because of what is happening today. I want to give few statistics that will be evidence of the issue of rape and gender based violence. You hear in the press being said that a mother took her daughters and they locked themselves in the house and poured paraffin and blazed herself with the children to death. That is a silent kind of violence. When you see people cooking and having their meals, you think all is well, but you find violence is there. Sometimes you hear songs being done and records being played such as 'handiende' and you are actually dancing to violence. It is violence that will have caused such songs to be composed because a woman will have been abused and she considers her children that she cannot leave her children alone. She ends up saying if it is a second wife, she can come and we can stay together. It is all because of gender based violence.

When it comes to the work of the women, the woman engage in farming activities to grow tobacco. When the money is there now, the woman does not enjoy the money but the husband is causing violence now. When the woman asks or inquires on where the money went, the woman is beaten. Then, when the relatives come, you are forced to put a smile on your face, you have been beaten up and abused but you are expected to forget that and pretend to be happy and yet deep down you are hurting because of this gender based violence. The next day you find the woman had committed suicide and tomorrow you find the husband also commits suicide. I want to say, men, the issue of violence is not one sided. Let us unite on this issue and support each other because it is now calling for men to start speaking as well. Violence itself; I worked with men all my life and you will realise that there is gender based violence. You find a man keeps on looking at his watch to check the time because it would difficult to go home after a certain time. The wife will not open the door and that is gender based violence.

The husband goes home with his full pay in an envelope because there are some women who need to see the salary in full. He cannot even buy himself a bottle of coke. That is gender based violence.

So I am saying, we need to unite, both men and women on the issue of ending gender based violence. The importance of families and the sacredness of marriage is no longer recognised because of the gender based violence emanating from the use of phones. You will find that when a woman comes back home from work, she goes into her own corner and get busy on WhatsApp. Yes, development is good but it also comes with negative effects.

When we attained independence, there was permand people permed their hair but it also had effects. Some burnt their skulls and others do not have hair anymore. So development also has negative effects and for that reason, ICT development is also bringing about gender based violence in our lives.

The boy child cannot be left out. Gender based violence is there. It also affects the boy child. Boys now put on earrings. What happens is that they start by being used in homosexual activities and they end up taking it as a habit and as a career. If a child is asked, you will find that gender based violence or rape occurred first. It seems as if it is fashionable but the child is already destroyed.

If you have been another man's wife, what would you need a wife for? If you become a husband to another woman, would you want a man? You have already been destroyed. Gender based violence and rape could get you to a stage in life where you will live an immoral life. It is a generation that is being destroyed.

In ending my speech, I want to say that, that affects the development of the country. If a woman lives in a gender based violent area, she becomes psychologically disturbed because she may end up disliking bathing water because of the slavery mentality. She would not even let water become a part of her, either on her body or for any other thing. When she smartens up, she will be asked who she was trying to attract.

No country can develop if women do not have a chance to widen their views about life. A woman survives for many years and I am saying this because I want us to encourage each other as families. If a man does not have a woman by her side, he gets afraid to sleep alone. The reason why we are saying this is that in this august House, as we analyse different legislations and traditions such as the issue of inheritance, we need to interrogate such issues. Men are the ones in most leadership positions because …

THE TEMPORARY SPEAKER: You are left with four minutes.

*MS. CHIMENE: Thank you Mr. Speaker, I am about to finish.I am saying that men were never created strong as women are. We end up having more widows than widowers. Statistics have proved this Mr. Speaker and it is because, as we are abused, we are becoming much more resilient than the way we were created. We are requesting as the august House and as a country that we need to uphold what Hon. Majome has said.

I said to myself, if I start by thanking her, I will become weary but I want to end up by saying that the issues that we have heard are quite a painful experience and for that reason, the sentence for a man raping a woman, a man on another man, and a woman raping another woman or a man, it is rape. Although it was said that it is difficult, the sentence should be more than 30 years. Our value as women cannot be equated to that of cattle. I thank you.

MR. NDUNA: Mr. Speaker Sir, I do not want to start by thanking the mover of the motion. I will follow what Hon. Chimene did. I will thank her at the end. I want to give a chronology of facts and figures and why we should not support domestic violence.

Domestic violence is the wilful intimidation, physical assault, battery, sexual assault and/other abusive behaviour Mr. Speaker Sir. It is perpetrated by an intimate partner against another. It is an epidemic affecting individuals in every community regardless of age, economic status, race, religion, nationality or educational background.

Violence against women is often accompanied by emotional, abusive and controlling behaviour and that is part of a systemic pattern of dominance and control. Domestic violence results in physical injuries, psychological trauma and sometimes death Mr. Speaker Sir.

The consequences of domestic violence can cross generations and truly last a life time. I want you to note that one in every woman will experience domestic violence in her life time. An estimated number of 1.3 million women are victims of physical assault by an intimate partner each year. 85% of domestic violence victims are women Mr. Speaker Sir.

Historically, females have been most often victimised by someone they knew, irrespective of age. Females who are between 20 and 24 years of age are the greatest at risk of none fatal intimate partner violence. Most cases of domestic violence are never reported to the police. Witnessing violence between one's partner and the caretakers is the strongest risk factor of transmitting violent behaviour from one generation to the next.

Boys who witness violence are twice likely to be abusive to their own partners and children when they become adults. 30% to 60% of perpetrators of intimate partner violence also abuse children in the household. Almost one third of female homicide victims that are reported in police records are killed by an intimate partner. In 70% to 80% of intimate partner homicide, it does not matter which partner was killed, the man physically abuses the woman before the murder.

Less than one fifth of victims reporting an injury from intimate partner violence seeks medical treatment following the injury. Intimate partner violence results in more than 18.5 million mental health care visits. The economic impact that this has; the cost of intimate partner violence exceeds $5.8 billion per year, $4.1 billion of which is for direct medical and mental health services. Victims of intimate partner violence waste almost 8 million days of paid work because of the violence perpetrated against them by current or former husbands, boyfriend and dates.

THE TEMPORARY SPEAKER: Order, order. May the hon. member refer to his notes and not read his speech.

MR. NDUNA: Thank you Mr. Speaker Sir. I want you to note the economic impact that this has both in the family, the nation and in the global set up. This is why nine times out of ten I will refer to my notes. I want to come to the subject on how domestic violence affects our children. When there is domestic violence, children are always affected in one way or the other. When they are asleep in a room and abuse happens, the longer they live in a violent situation, the harder it would be for your children not to be abusive themselves when they grow up. When abuse happens, your children may feel scared and ashamed or they may even think that they have caused the problem themselves. Worse, they can grow up thinking that it is okay to hurt one another in a relationship.

Mr. Speaker Sir, I want to bring to your attention what abuse also affects in a family set up. Children who live in homes where domestic violence occurs are more likely to have depression, anxiety, poor school performance and thus, decreasing their mental ability in a scholarly set up. Men who abuse their wives also often hurt their children. Violence or threat towards a victim's children is often used to control an abused woman. 30% to 60% of those violent homes, children are also abused. How then teen drug and alcohol use is imported into such a set up, Mr. Speaker Sir. Both teen boys and girls who witness abuse are at increased risk of depression, drug and alcohol use and behavioral problems. Teen girls who witness abuse at homes attempt suicide more often and the boys are more prone to drug abuse when they grow up because they have witnessed domestic violence during the time they grow up.

Mr. Speaker Sir, I want to bring you to the attention of a biblical set up and what it says regarding domestic violence. Many people think that the Bible has little to say about abuse. Quite often, if we as victims, approach and confide in elderly priests or members of the church, hoping for support and encouragement, we can leave feeling more guilty and trapped than we did formerly. Mr. Speaker Sir, it has been in the headlines, where if you are said to have two wives, you are a polygamist. If you have more than two wives, it is said you are Gumbura.

Therefore, I want to demystify the church's involvement in abuse. The church does not condone abuse, so this is why I am going to take you through the paces on what the Bible says. The Bible condemns violent men and violence in the home. Many passages in the Bible speak out on issues of violence and God's attitude towards the repeated use of violence. Psalms 11, Verse 5, Mr. Speaker Sir, the Lord tries the righteous but the wicked and him the love and violate, his soul, he hates. Also in Zephaniah Chapter I:9, 'the same day also will I punish all those that leap on the threshold which fill their masters' houses with violence and deceit' Psalms 37: 9, 'for evil doers shall be cut off but those that wait upon the Lord, they shall inherit the earth.' So, the evil doers have their lifetime cut short on this earth, the violence prone men and women have their lives cut short on this earth.

Mr. Speaker, Malachi Chapter 2:16-17 says, 'I hate a man covering his wife with violence as well as with his garments, says the Lord Almighty. You have wearied the Lord with your words, yet you say, how have we wearied you; when you say one that does evil is good in the sight of the Lord and who is pleased with them, and where is the Lord of justice?' Why do I say this Mr. Speaker Sir, I want you to know that the Bible does not condone abuse and violence in the house. What does the Bible say about verbal abuse? I will just touch on two verses Mr. Speaker Sir, Proverbs Chapter 10: 6, blessing upon the head of the just but violence covers the mouth of the wicked. Proverbs Chapter 10:11, a mouth of the righteous man is a wall of life but violence covers the mouth of the wicked.

Mr. Speaker Sir, I want also to bring to your attention on what the scriptures say on how we should treat one another, man or woman. Why do I say this, it is because why an hon. member when he presented his debate, he said a woman comes from man and a woman needs we men. I applaud that Mr. Speaker Sir, because of that saying, Christ has called us unto peace, not fear. He has called to follow his example by serving one another. I want Mr. Speaker Sir, now to come to the end of my presentation by bringing to your attention on the abuse of women through female genital mutilation.

Mr. Speaker, this is an act carried out to our youths predominantly from the age of zero to fifteen years of age. When we speak about violence towards women and abuse towards women we should also be calling for the abolition of this exercise because sometimes it is carried out in order to stingy or to cover partially the original opening of the woman's private part. So, they have effects when they grow up, when they now want to give birth, there is a process to reverse the female genital mutilation that would have occurred during their youth. The United Nations in 2010 has put in place a requirement that this act should be stopped and should be stopped immediately, globally. As we speak about female violence, we should also be cognisance of this act.

I want to conclude by saying if 125 million women globally have undergone female genital mutilation, if this practice carries on, what we might end up having is loss of lives to the women that are affected and this is a basic human right. As we also look at the abuse, whether domestic or otherwise Mr. Speaker Sir, I want you to know that a lot of abuse is going unreported because there is monetary value that has been placed to cover up the abuse. One such abuse that is going on unabated every day is of the people in the streets of Harare that call themselves prostitutes because men then cover that abuse using money that is not brought to fore as abuse. As we look at abuse, we need to also bring to the attention of the authorities that this has also to be brought to a stop.

MS TOFA: On a point of order Mr. Speaker. The hon. member has diverted from the debate and he keeps repeating himself.

THE TEMPORARY SPEAKER: There is no point at all, may the hon. member continue.

MR. NDUNA: Thank Mr. Speaker, the issue about the punishment that should given on the abuse of girls, men and women in relations or otherwise. That should be debatable. Whilst we are calling for a punishment, I suggest that we leave that and guide the judiciary but we leave them to be independent and come up.

MR. SPEAKER: Point of Order hon. member. What is your point of order?

MR. MUNENGAMI: The Member of Parliament's debate has become actually the violence in this House. - [HON MEMBERS: Inaudible interjections] - whether it is domestic or Parliamentary violence, because some of our hon. members are actually leaving

MR. SPEAKER: Hon. member may you resume your seat. Point of order overruled.

*MR. NDUNA: Thank you Mr. Speaker Sir, if we cut and dry and say 30 years should be meted on perpetrators of violence, we basically are drilling and killing. What I suggest we do is just guide the judiciary to say because of the severity of the offence, they should be guided accordingly. This is where I then take an opportunity Mr. Speaker Sir, to thank the mover of this motion Hon. Majome and all those that presented before me and urge them to continue to support such noble motions that come into this House. Thank you Mr. Speaker Sir.

*MR. MUNENGAMI: Thank you Mr. Speaker. I also wanted to support the motion that was brought by Hon. Majome on gender based violence. Hon. Speaker, when we are talking about this issue it is an issue that makes us think of a lot of things. It is an issue that troubles us and disheartens us. As you see us standing here, some of us are victims. If we want to start talking of issues that are painful it hurts us Hon. Chimene. When are talking about such issues let us take it seriously. This issue has nothing to do with political affiliation whether MDC T or ZANU PF but the children of Zimbabwe. For one to take a young child and rape it to beat up your wife has nothing to do with sanctions. To rape a child has nothing to do with sanctions. Why I am saying that is because we need to take deep thought on this issue. We want to view this issue as the people of Zimbabwe because this is a critical issue. Yes, we might shout at each other and say all these things. You realise women have been attacking us as women. We have seen by our response to this motion and yet it is serious motion. Hon. Masaiti said if you have not yet experienced violence and rape you can be saying issues that are coming out of this House. If you are a victim and experienced such issues you will listen. The issue is us as male MPs I want to challenge the women in this House that the reason hon. members in this House do not understand is probably because they are not involved in the issues. We have a woman's Caucus. We request to the Women's Caucus to include and to involve men in their projects.

When the women went to Msasa the men were not there. We are requesting NGOs, these issues are not only for women but even men are being raped. Although the biological make up was used to deny rape on women we have cases where juju is used to rape the men. This issue affects both men and women but there are some people who do not take it seriously. Now, we are talking of this issue but it is reflected in this House that adults are not taken seriously. Now we are talking of this issue, it reflects in this House that others are not taking it seriously. Up there you find the journalists are always there but today they are not there because today it is not a serious issue. What they consider important is not this and yet this issue affects everyone. As MPs what is our role? People who beat each other in their constituencies the woman who was beaten in the constituency the first thing the person does is to run to thee MP' house. But, you as an MP you do not know anything you need counseling so that you can assist. So, I am requesting if possible even the ministry should capacitate us the Members of Parliament to be educated and be professionally trained on the evils of domestic violence so that we can counsel our constituents.

We formed the Zimbabwean Parliamentary against HIV and AIDS against all forms of violence it was because violence had become rampant. I want to support what Hon. Masaiti said that when children start going to school they should start learning about peace. It should be included in our curriculum. It helps the child as she grows up because he or she is aware of such issues. The victim friendly units as what has been mentioned by Hon. Chimene those services that are in the police stations have become victim unfriendly units because I think one will think going there will help you to get assistance.

Unfortunately, we are not getting those services. What I expect from the inspector when I report my case is not what I get. So, those people need to be conscientised and a request should be sent to Mr. Chihuri to ensure that people are trained and victim friendly units become what they are purported to be. What is troubling me is that unfortunately the Minister of Justice is not here. What troubles me is that the issues on domestic violence especially issues concerning the beating up of women and other issues. Why is it that they are referred to civil courts? Why are they not taken with the seriousness that they deserve? Normally, when you go to civil court the magistrate will give you a protection order or a peace order. It does not have any effect because the rapist will continue being a rapist so such issues should not be taken to the civil courts but should go to the magistrate or high court.

If a person is given 30 years we support the 30 years for those people who are against the 30 years have not experienced it. I personally think it should actually be 40 years because it is not different from murder. You have murdered someone you have destroyed the life of someone. There is no difference between murder and rape so let us support each other let us support our women. We are also born of women we have wives we have children I have a girl child and I have expectations from my daughter that she will get married and I will get lobola. But, if my child is raped, then it means that my expectations are destroyed and this really pains us as parents. So, let us assist each other. Let me take this opportunity to thank Hon. Majome for raising this motion. We need to work together as Parliament so that the future of our families may be bright. Thank you Mr. Speaker.

MS. DZIVA : Thank you Mr. Speaker Sir, for affording me this opportunity to debate this particular motion which is very pertinent to the nation. Gender based violence is a social scourge which needs collective efforts to end it. I would like to thank Hon. Majome in her absence for moving this motion.

Zimbabwean women are not strangers to gender based violence and so, they suffer all sorts of abuse from men. They are raped, murdered and tortured. The perpetrators are the women's fathers, uncles, neighbours or could also be strangers. Mr. Speaker Sir, the statistics gathered from the reports of cases at the police stations and courts are very alarming and they are increasing. As such it gives us the way forward to debate this issue in the House.

The research that was done by Gender Links and also by the Ministry of Women Affairs, Gender and Community Development shows that 68% of our women have suffered from gender based violence. These statistics can be down played as most of the cases, especially in the rural areas where victims have to walk long distances, have not been reported. So the statistics could even be higher. I would also like to add that on issues of protective measures that are available, they are not available to poor victims but to those in the higher echelons of society. This is also abusive on the struggling majority and it gives us a lot of concern.

I also want to support other women who have spoken before me in this House. The State should give stiffer penalties like 30 years in prison for rape cases especially as this is sexual violence. My worry on this issue is that other perpetrators of violence are given community service while others are granted bail. They have their hearings whilst they are outside, yet they are a security threat to human life and to the nation at large. I, therefore, would want to move that the 30 years imprisonment should be noble before this House. As alluded to by Hon. Majome, cattle rustlers are given between 7 and 9 years sentence yet these killers who rape and in some instances inflict HIV/Aids and reduce other people's life expectancy are given a lesser sentence.

Let me move from sexual violence because I want to educate this House on other forms of gender based violence. There is also physical violence which involves beating, choking and punching. The perpetrators should also be imprisoned for these cases. There is psychological and emotional violence and this is when there are verbal attacks and humiliation. The victims are humiliated in public, in front of their friends, relatives or strangers. So, we should take these things seriously. Other survivors of rape are threatened with death sentences and it can lead to suicidal tendencies. There is also emotional violence when one is constantly told that he/she is crazy or incompetent. Perpetrators of this type of violence should also be brought to book.

Another type of violence that is also critical that I would want to highlight is economic violence. This type of violence is experienced when there is one member who has control over access to resources in a family and they are the ones that ensure food supply, payment of bills and even manage the time of the victim. They also go to the extent of refusing the other partner to go to work and deprive them of the ability to be self sufficient. At the end of the day, the same perpetrators might end up refusing to pay bills or destroying assets without the knowledge of the other. All these types of gender violence should also be recognised as we debate issues to do with gender based violence.

Mr. Speaker Sir, I want this House to adopt that we should all encourage men and women of Zimbabwe to denounce all forms of violence. Gender based violence will only end when we adopt a zero tolerance approach to violence in all the communities. We need to continue to thank our police officers who have been very effective. Let us applaud the job that they have done and continue to engage them in these cases. We also want to engage other stakeholders like churches, even though it is true that some of the men of cloth have been doing the same. We should, however, not throw away all the tomatoes because of one rotten one. We still need the social gatherings where society is taught the good norms and values that are in the Holy Bible.

I am very happy with Hon. Nduna who was referring to the Holy Bible as this is what is being taught in churches. This can also help us as a nation in terms of building peace and creating those platforms to denounce violence. We also need to thank the women's groups and continue to make them go ahead and do their work, that is groups like Musasa Project who are even giving shelter to the victims of violence.

There are men's groups such as Svinurai which advocates for men's rights. I am, however, very worried because men are not reporting their cases to the police, so it does not bring alarm to the nation. If you go ahead and report your cases, people will pay attention to your issues because you are also affected by the different types of violence that I alluded to.

Mr. Speaker Sir, I would also want to back the idea that was supported by Hon. Masaiti that students should socialize as they grow up so that they learn to respect each other as they grow. If a child grows up as a bully, they will end up like that later in life. It is high time that we engage our Ministry of Education so that they put the issues of rape and sexual abuse on the school curricula. This will enable the children to know from an early age that if someone touches their privates their rights would have been violated. So, it is very important.

Mr. Speaker Sir, I would want to blame our economic situation in relation to this issue because the increase of crime has greater impact on women. This is caused by economic problems because if there are economic problems, the social fabric also breaks down with the stronger members of society preying on the weaker ones. In this case, women become the weaker people in society and they are victims. We should also unite as Members of Parliament to denounce sanctions. They are not good for our country because crime is high. Young boys and men are out there wallowing in poverty, they are jobless. The only thing they can do is to wait in the streets and wait for school children so that they can rape or beat them, which is violence. Mr. Speaker Sir, gender based violence has an impact to one's health, including their psychological and emotional being.

Mr. Speaker Sir, let me end by saying, in Proverbs 10:6, the Lord says, "Blessings are upon the head of the just, but violence covers the mouth of the wicked." Therefore, I just want to tell this House that if you are doing any kind of gender based violence, be it economic, emotional, psychological or sexual, you should know that you are a wicked person and this House will denounce you and God will denounce you as well. Mr. Speaker Sir, I thank you so much for giving me this opportunity to add my voice to this motion.

+ MS. R. MPOFU: Thank you Mr. Speaker Sir. I will speak in Ndebele. First of all, I would like to thank Hon. Majome who brought this motion, which is very sad, especially to us as women and also to men. Mr. Speaker Sir, this motion is directed to all of us as men and women. It hurts us as women because we carry a child for nine months. How is one supposed to feel when a three year old child is raped by a man who is as old as your own husband? It is saddening.

Mr. Speaker Sir, we can speak about it and perhaps not understand each other. It needs all of us in this august House as men and women, to go back to our constituencies and educate people. Rape cases are reported each and every week. We need to work together as Members of Parliament in this House, regardless of the parties from which we belong.

Mr. Speaker Sir, we are representatives of people in our constituencies. We need to work together and condone violence. I hope that our preachers and priests will come together and pray about this issue. They should not go against this for there are pastors who are raping women as well. It is satanism where some of these pastors make women believe that they can only get well or be healed when they make love to them. Mr. Speaker Sir, we need to pray for this issue, it is a spirit of the devil. It needs us as women to work together. We are very much saddened as women.

Mr. Speaker Sir, I should say that I am speaking from experience as this kind of violence happened to me when I was 6 years old. I used to stay with my maternal grandmother and my brother, my aunt's son. Mr. Speaker Sir, my brother used to rape me. I told my husband about that issue. The world has to know about how sad and painful it is to get raped - [HON. MEMBERS: Hear, hear] - Mr. Speaker Sir, I had no one to tell concerning this issue. He used to threaten me with death and I used to feel so hurt. He would tell me to use salt so that I feel better. Rape is a saddening thing. Sometimes our customary laws are very much abusive to our children. Mr. Speaker Sir, he would wait for me on my way from school and rape me before I even get home.

I am very glad that we have a Minister of Women's Affairs, who is very much concerned about the issues of women. We are also grateful to the people of Musasa Project who are also concerned about these issues. I know that this issue is very hurting. We are praying against this kind of spirit as Zimbabweans. We need to come together. I am appealing to all men to look into this issue and condemn violence.

Mr. Speaker Sir, men should not rape children, they should look for their own wives. As women, we need to satisfy our men so as to prevent them from raping our children. We know that there are times when a man forces himself on you, which is also abusive. There is need for love from both partners so that we agree when we get into some of these acts. As I speak right now, one of my neighbours raped the other neighbour's child. When they told me about the issue, I advised them to report it to the police. It should be reported and the perpetrator should be taken to prison because what he did is bad. It is a spirit that we should not accept.

We need to educate our children to dress well. Mr. Speaker Sir, fashion is allowed because our children cannot dress in the manner we do. However, our men also need not to lust over the children. We need to take advantage of our elders' presence so that they can teach our children on how to dress in a decent manner. Our elders can also advise us on issues to do with husbands and wives. I have heard of children who are 10 years old who are raped by our elders. It is not all pastors who are good. Most of them are raping children and women. Women are suffering a lot, they are raped at home and when they go to pastors for advice they get raped again.

Mr. Speaker Sir, when women are raped, they find it difficult to tell their husbands. Women are therefore keeping it as a secret. Everyone who rapes anyone should be reported. We should be kind to each other and sympathise with each other. We should pray for one another and remember God's word. We should come together as one. It hurts me a lot.

The issue of domestic violence, where there is domestic violence, there ceases to be peace in the home. Mr. Speaker Sir, we know that there are men who get drunk and become violent. Therefore, women do not have peace in their homes as a result of their men. Mr. Speaker Sir, how do you feel after abusing your own child and you sleep with your wife as well. As women, we love our husbands and may not be able to deny them their rights. Mr. Speaker Sir, where there is domestic violence a lot of things happen. During domestic violence, anything can be used when people are attacking each other. They can even use pots. Our children learn from us and when they see us fighting as parents, they will adopt that and take it when they get married themselves. They will abuse their children.

Mr. Speaker Sir, this is a demonic spirit, a satanic spirit. We need to come together as a nation and pray against this curse so that it cannot be a part of us. We need to reverse this curse. This is a good nation, hallelujah! A nation that is peaceful. Mr. Speaker Sir, as I am speaking, I am very hurt.

I would like to thank those from the Musasa Project who are looking after domestic violence victims. Women look after orphans as well as men. We are the ones who take care of everyone. However, it becomes very sad when these men turn back and abuse us. Mr. Speaker Sir, we would like to appeal to the Minister of Women's Affairs, Gender and Community Development since she is also a woman; this ministry should make sure that children at Musasa Project are well fed and clothed. She is moving around teaching parents to teach their own children to dress.

Mr. Speaker Sir, I do not have much to say and time is not by my side. There is need for peace and peace begins with me, peace begins with me and peace begins with all of us. Mr. Speaker Sir, we need to stop domestic and gender based violence. As women, we also abuse men and we agree. However, when a woman abuses you, you need to ask yourself, what you could have done yourself. Women, submit to men and we are under your authority. Therefore, you do not have to abuse us.

We need to unite as parents and teach our children the proper way of living. If I do not dress properly, those are the steps that my child will follow. Mr. Speaker Sir, if my own child sees me respecting her father, the child grows up knowing the norms and values expected of her as a girl child and later on as a mother or wife.

Our leaders, especially the traditional leadership including chiefs, need to educate people in communities about this issue and again, children have to be taught at primary school level about this issue. I believe we can equate this issue to the issue of the gay spirit. This is a satanic spirit, a spirit that we have to pray against and we need to help those we are representing as well as those who have been through violent experiences. I thank you Mr. Speaker Sir.

MS. KHUPE: Thank you very much Mr. Speaker, I will try to be short and precise to the point. First of all, I would like to thank Hon. Majome, for raising this very important motion. I would also like to thank Hon. Mpofu for breaking the silence around this issue because many women are suffering in silence. They do not want to talk about what could have happened to them…

THE TEMPORARY SPEAKER: Order, order hon. members. On a Wednesday, Standing Order Number 33 (2) states that business shall be deferred to a day to be appointed by the member in charge thereof. We may not continue debating now, we will now resume business of the day.

MS. KHUPE: Allow me to finish debating, just two minutes, veduwee!

THE MINISTER OF STATE FOR MASHONALAND EAST PROVINCE [MR. MUDARIKWA]: I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Wednesday, 12th February, 2014.

On the motion of THE MINISTER OF STATE FOR MASHONALAND EAST PROVINCE, the House adjourned at Fourteen Minutes past Six o'clock p.m.

 

Last modified on Monday, 14 April 2014 07:15
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National Assembly Hansard Vol. 40 NATIONAL ASSEMBLY HANSARD - 12 FEBRUARY 2014 VOL. 40 NO. 33