You are here:Home>National Assembly Hansard>Vol. 37>NATIONAL ASSEMBLY HANSARD - 16 FEBRUARY 2011 VOL. 37 NO. 22


Wednesday, 16th February, 2011

The House of Assembly met at a Quarter-past Two O'clock p.m.



(MR SPEAKER in the Chair)



MR. SPEAKER: I have to remind hon. members to switch off their cell phones before business commences as the cell phones may interfere with the digital audio recording equipment.


MR. SPEAKER: May I advise hon. members to collect their 2011 calendars from the Public Relations Department at Pax House, Office No. 2, 3rd floor, South Wing.


MR. KANZAMA: I would want to understand whether our ministers know that Parliament has resumed?

MR. SPEAKER: Certainly, they are aware! They were here yesterday, but in any case, you still have the floor to ask your question if you want to ask.

MR. KANZAMA: In the absence of others, I will pose my question to the Minister of Justice who is acting as the Leader of the House.

MR. SPEAKER: Order, it is incorrect to say that the Minister of Justice and Legal Affairs is Leader of the House. The Leader of the House is the Prime Minister. His two Deputies can act in his absence.

MR. F.M. SIBANDA: Thank you Mr. Speaker, my question is directed to the Minister of Justice and Legal Affairs. What are the legal implications of selling national flags that are being sold everywhere in the roads? What are the implications of selling national emblems and who benefits from the proceeds?

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): Thank you hon. member for your question, the National Flag Act comes under the administration of my ministry, so I am in a position to clarify the position. Any company can manufacture the national flag, what is not permitted is to imprint on it anything that should not be on the national flag. Therefore, as long as it is reproduced faithfully, in terms of what the Act provides, there is no legal implication.

MR. F.M. SIBANDA: My main question was the proceeds of the sales of national emblems.

SENATOR CHINAMASA: The proceeds go to the entrepreneur.

MS. MANGAMI: My question is directed to the Minister of Labour and Social Welfare. What is the ministry's policy regarding the servicing of accounts for the vulnerable group, which is being paid by your ministry in particular the small amount which is being given to the group?

THE MINISTER OF LABOUR AND SOCIAL SERVICES (MS. MPARIWA): I am not sure whether I understood the question, but I would like to assure the member that I will be able to tackle what I think or envisage is directed to her motivating question. Number one is that, the ministry has not been able to pay public assistance amounts of USD20 per head, per household beginning May up to December 2010. However, I am pleased that we have received resources from Treasury and we have reactivated the accounts. Everyone who gets the money is supposed to be on the register of the District Social Welfare Services. That register is vetted annually to see whether some are deceased or are still existing and also whether there is an addition in terms of the numbers in a particular district. As I speak, my officials are busy at district levels and social welfare district offices to actually update the data in terms of the number of people per district and how much is actually supposed to be posted to each district but they get their money through the People's Savings Bank (POSB) if they have accounts with this particular bank; that is if they cannot access the funds at district level. We are trying by all means to localise this scheme so that people will not have to travel for long distances for a mere US$20.

MR. MADZIMURE: My question is directed to the Minister of Justice, Hon. Chinamasa. There is a provision in the United Nations Convention for Corruption for member states to make sure that there is an effective board in their countries to make sure that there is no corruption. Can the Minister inform this House what has delayed the process of putting together an Anti Corruption Commission considering that we have prominent cases like the Asia Gate where our soccer players plying around the world are being abused when missing chances on the assumption that they are easy to corrupt.

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): I thank the hon. member for his question, but I would not want to go into the matter of what incidence of corruption he is now referring to. It is correct to say that there has been a delay which has been as a result of firstly; the Anti-Corruption Commission's appointment is different in terms of procedures from the other Commissions which came through this House. Also the people to be appointed should be full time. Therefore this means that we are looking for people who will be objective and will not use corruption as a political weapon. The consultations have been wide ranging and deep and this has made the process more protracted. At one time I thought I had received clear instructions from the principals on what they wanted, only to find out that three months later there was a change of mind and I received fresh instructions. I would like to say there has been a delay but the matter is being attended to.

MR. MADZIMURE: To make is easy for us as a Parliament can you please indicate to us the time frame that we should expect the Commission to be in place?

SENATOR CHINAMASA: I do not want to be a victim on commissions of assurances. It is very difficult when consulting because we are in a three party government and therefore what we do tends to be slower than if we were just one party. The consultations take longer, and the longer they are the better they are. To put a time frame I think I will be misleading the House.

MR. MUDARIKWA: My question is directed to the Minister of Agriculture. I would like to know the national policy of creating EPZ in remote areas so that we can grow marijuana forits medicinal values. California and Norway have legalised it.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR. MADE): Thank you Mr. Speaker. I think the question is a loaded one because it would not be answered by one Minister as such because; first of all he raised the question of EPZ and the crop itself and its medicinal value, then there is the security nature of the crop. That crop is not authorised here in this country - from a policy point this crop is prohibited.

MR. CHIKWINYA: My question is directed to the Minister of Agriculture, Mechanisation and Irrigation Development. May he clarify the policy on the Presidential Agricultural Scheme especially matters of incidental funding and the politicisation of that scheme.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR. MADE): Certainly I do not answer on issues of social funding, it is the Presidential Well Wishers Input Scheme. On politicisation, I am not aware. If the hon. member would give me more information I would be able to assist.

MR. SPEAKER: Hon. Chikwinya, you are advised to put your question in writing in order to solicit for details from the Minister.

MR. MADZIMURE: My question is directed to the Deputy Minister of Industry and Commerce. Can you please update the House on the development surrounding the issue of credit lines? What has delayed the process because industry is in dire need of funding?

THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE (MR. BIMHA): I would like to thank the hon. member for the question. There are a number of dimensions to the issue of credit lines in so far as the Ministry of Industry is concerned, as well as the role played by other Ministries. If you recall, the Ministry used to administer what was called the distressed company fund facility. This role has been moved over to the Ministry of Finance and it collaborates with banks. What the ministry is doing at the moment is just to receive requests from industry and then we pass that on to the Ministry of Finance.

MR. SANSOLE: My question is directed to the Minister of Environment and Natural Resources Management. What is the Ministry's policy on problem animal control in cases of elephants destroying crops and lions attacking livestock particularly in areas that are adjacent to National Parks?

THE MINISTER OF ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT (MR. NHEMA): Thank you Mr. Speaker Sir. I want to advise that the policy as it stands says 'live harmoniously with the wild nature. Mr. Speaker Sir, I wish to advise Parliament that the policy as it stands is that you should live harmoniously with wild nature. Mr. Speaker Sir, we all take pride in our totems. Vamwe ndivana Dube, Ndlovu, Shumba, vanaSoko that should mean something to us as a country, as a nation. We take pride in that, but by the same token we understand that sometimes there is conflict within the neighbours of national parks. Therefore we are encouraging, as usual CAMPFIRE projects that make it easy for our communities to understand how to deal with problem animals. We have a policy where, if an animal has been seen to be too close to the communities, as National Parks, we will take the liberty to take them out. We encourage Zimbabweans to see the value in our wild life and therefore try by all means to educate our communities on how to take care of the wild life.

MR. F.M. SIBANDA: Thank you Mr. Speaker. My question is directed to the Minister of Public Service, especially with regards to the employment in the civil service especially the Nurses and Teachers. I understand that they have frozen vacancies. What will happen to those who have just completed nursing and teaching training?

THE MINISTER OF PUBLIC SERVICE (PROF. MUKONOWESHURO): Thank you Mr. Speaker Sir. I would like to thank the hon. member for that question, which has caused a lot of anxiety and some confusion in certain quarters. The position is that while there is a general freeze in recruitment across the board within the Public Service, there is a special dispensation whereby the Public Service is looking at specific specialised categories, especially in the technical fields like education and health. The responsible ministries would make an application and the application would be reviewed with a view to ensuring that our hospitals are adequately staffed and that the majority of our schools are peopled by qualified teachers, so there is no general freeze as such. Each case of need will be dealt with in accordance with its merit and all technically qualified people who are vital for the discharge of service delivery will be engaged in the service. I thank you.

MR. CHIBAYA: Thank you Mr. Speaker. My question is directed to Professor Mukonoweshuro. Minister, I want to find out whether your Ministry has the power to stop the payment of ghost workers and if you have these powers, why do you not stop the payment of these ghost workers?

THE MINISTER OF PUBLIC SERVICE (PROF. MUKONOWESHURO): I would like to thank my hon. friend for that question. Firstly, let me say the question is presumptuous in the sense that as this august House will recall, in 2009 Cabinet directed me to take a payroll and skills audit of the civil service employees who are governed by the Public Service Act and the Health Services Act only. That was a lengthy process because of the technical and other hitches that the Ministry encountered. However, the audit is complete and the audit has been submitted as procedural to Cabinet for its consideration. Members of this House may have seen a lot of snippets in the press referring to what purportedly is contained in that audit report. I would ask members of this august House to bear with the Executive until the Executive processes as conducted by Cabinet are complete. I promise that at the material time, I will come to this House and make a full Ministerial Statement of these weighty matters.

MR. H. MUDZURI: Thank you Mr. Speaker Sir. My question is directed to the Minister of Justice and Legal Affairs. Can the Minister explain to the House why our Government is taking time to ratify the Convention Against Torture (CAT)?

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): I undertook in my discussions with the United Nations system in Geneva, to conduct some workshops first, so that there is clear understanding of that protocol against torture and this was supposed to be preliminary to the ratification, and, because of the busy schedule of our work, it has not been possible to find the time for workshops to take place.

MR. CHEBUNDO: In the absence of the substantive Minister of Industry and Commerce, I would direct my question to his Deputy. I would like to know what measures are being taken by your Ministry to address the invasion of both manufacturing and retailing industries such as was experienced at the Gulf Complex?

THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE (MR BIMHA): Thank you Mr. Speaker. I would like to thank the hon. member for raising the question. The Ministry of Industry and Commerce exists to create a conducive environment for industry and commerce to operate in terms of policy formulation as well as regulations. Where Industry is threatened in any way, we do appeal to the relevant ministry to administers that. Therefore, where there have been raids affecting Industry, we then expect the relevant Ministry which administer Law and Order to take control.

MR. MADZIMURE: Are we still going to encourage our brothers in Africa to come and invest in the retail sector industry or we deny them because of the situation which they went through last time?

MR. BIMHA: The Ministry of Industry and Commerce is in the process of reviewing the industrial policy for Zimbabwe and at the same time we are reviewing the trade policy for Zimbabwe. In this regard, we are also taking into consideration a lot of work that has been undertaken within the region to make sure that the practices we are adopting are more or less the same with those practised within the region.

Therefore, we do have certain areas that we encourage or promote our locals to improve in terms of business. There are also areas where we allow foreigners, whether from Africa or anywhere else, to come and invest in this country. We do encourage investment in those areas and what they intend to go into is covered in terms of policy.

MR. MAZIKANA: Minister of Water Resources, Botswana intends to draw water from upper Victoria Falls and that might have major implications on the tourism industry down Victoria Falls. What is the position of Zimbabwe in that regard?

THE MINISTER OF WATER RESOURCES DEVELOPMENT AND MANAGEMENT (MR S. NKOMO): We are currently discussing with the country of the Republic of Botswana. We are about to conclude a joint commission with that country on water and one of the things that we have already discussed is the issue of Botswana drawing water from upper Zambezi. We as a country have received an environment assessment. We have studied it and we advised that it will be inappropriate for Botswana to draw water from upper Zambezi because that would affect the falls at Victoria Falls itself.

However, we are advising Botswana that they can build reservoirs at the confluence of the Tshobe and Zambezi and they can actually draw water when it is high tide or high flood, when it is low tide or low flood they will not be allowed to draw water. If they draw water at high tide, it will be sufficient for them to store in the reservoirs there for use during the time when they will not be allowed to draw water. We are confident that our discussions will result in an amicable use of the water at Zambezi without affecting the fall at the Victoria Falls.

MR. NCUBE: Minister of Home Affairs, is it now policy for police to demand spot fines or if it is policy, is it not encouraging corruption?

THE CO-MINISTER OF HOME AFFAIRS (MRS MAKONE): I did not understand the question in full, but I take it that you will have committed an offence. If you commit an offence on the spot, you will probably be asked to pay your fine on the spot because .......

MR. SPEAKER: Order Minister. Can the hon. member clarify his question so you can answer clearly?

MR. NCUBE: In the past, the police used to issue tickets and if you fail to honour that, you were issued with a warrant of arrest. Now, since we started using the American dollar and the South African rand, it is so difficult for the citizens and now the police are demanding a spot fine, of which I think the government is losing a lot of revenue due to traffic offences.

MRS T. MAKONE: It depends on what offence you will have committed. If the fine is less than the cost of paper, I would advice the police to request for a spot fine, provided there is a receipt. What I would not encourage and would not want to see happening is a situation where the police ask for a spot fine and then proceed to pocket the money without issuing a receipt.

For you to agree to pay a spot fine, it means that you will be in concurrence that you have actually committed an offence because there is no reason why you should agree to pay a spot fine, when you are not guilty of having committed an offence. If you query the offence and you are not in agreement, you should insist on your matter being taken to court and I do not think the police would argue with you on that one. If you believe that the fine being so requested is not justified, but if it is justified then I would say you should actually insist on a receipt of such.

MR. NCUBE: Why I am asking this question is because if you fail to pay that money, they impound the car. That is why I was asking whether it is policy and I think I need clarification on that.

MRS MAKONE: I do not think that is standard practice because you cannot impound a vehicle because of a US$10 or US$20 spot fine. Impounding a vehicle for a spot fine is not acceptable. I would say that if you are sure you have not committed an offence, you should be given a ticket which enables you to appear in court. Impounding a vehicle is not acceptable and I do not think that it is in the laws.

MS A. NDLOVU : I would like to find out if the Ministry of Youth Development, Indigenisation and Empowerment has a policy that seeks to include vulnerable groups such as youth, women and the disabled in the various economic empowerment initiatives that the country is currently undertaking.

*THE MINISTER OF YOUTH DEVELOPMENT, INDIGENISATION AND EMPOWERMENT (MR. KASUKUWERE): I agree and confirm that our Ministry, in terms of economic empowerment, the young people of this country, the women, the disadvantaged and the workers are key constituencies for empowerment. We believe it is necessary that the young people, the women, the disadvantaged and workers are given opportunities to participate in the economic growth of our country.

MR. SULULU: Can you explain the re-emergence of the national youth service militia in various training centres across the country. Has the Cabinet authorised the re-introduction of such a programme?

MR. KASUKUWERE: I think the question raised by the hon. member talks about the militia and I do not know whether there is a militia that is existent in this country. The issue of the national youth service programme is an issue that was agreed during the GNU. We have been working on this programme within the Ministry and at the right time we will be submitting our plan and policies to Cabinet and once it is approved we will certainly be going ahead with the national youth service programme. Let me also add that we are not the first country in the world to talk about national youth service programme. This programme is actually compulsory in many other countries and I want to ask Hon. Members of Parliament to desist from stigmatising our young people by calling them militias.

MR. GWIYO: I would like to know what progress has been made by the Ministry of Home Affairs with regards to arrests of people who looted the Gulf and whether we have made the necessary apologies to the Chinese and the Nigerians?

THE CO-MINISTER OF HOME AFFAIRS (MRS MAKONE): I want to think that if any people have been identified as being responsible for the unfortunate incidents that happened in the Gulf area, their names should have been forwarded to the police and will be prosecuted. I do not see anyone in this country being allowed to get away with looting and generally taking other people's property. On the issue of apologizing, it is not normal practice that when people steal, you go and identify the nationalities of the offended so that you can proceed to apologize to them as nationals. What I would say is that as a Government, we regret any action which is not proper that is carried out against any individual regardless of whether they are Chinese or not. I want to think that the looting was not directed at particular individuals, but at people who happened to be in the way of those looters. So I think the question of a national apology to the Chinese and the Nigerians does not arise in this case.

MR. F.M. SIBANDA: What mechanism is in place to prevent such ugly and violent incidences that have erupted in Harare, particularly in the high density areas of this country?

MRS MAKONE: Of late we have had these incidences of violence in the high density areas. It took everyone by surprise because they do not seem to have been precipitated by any particular action or move by either government or political party. As a Ministry, we have put a mechanism through our structures that we can now anticipate where trouble is going to be and people are deployed on the ground. You will agree with me that, to show that work is really happening, yesterday at the courts people were actually found guilty of the disturbances in Mbare and some of them have been given jail terms. An effort is being made to contain this and it is not above the Zimbabwe Republic Police and you will agree that the incidences are now sporadic and not as concentrated as they were when they started. So, action is being taken, but you can not rule out the fact that merchants of evil will always be there, and that is why we always have the police. In general, they take advantage of situations like this one. So be rest assured that anyone who tries to imitate what has been happening in the last two weeks will be dealt with in no uncertain terms.

MR. KANZAMA: With regards to the Indigenisation policy are you aware that some of the by-laws being used by Councils and some of our government departments were put in place by our former colonisers around 1960s or 1970s. Considering the introduction of the indigenisation policy, the laws are no longer in sync with what is happening now in terms of running businesses. How then are you addressing such issues?

THE MINISTER OF YOUTH DEVELOPMENT, INDIGENISATION AND EMPOWERMENT (MR. KASUKUWERE): It is true and as Parliament we agreed on the Economic Empowerment Act in 2007 which was assented to by the President in 2008 then we started enforcing it. Although there are a lot of hindrances especially when looking at Council by-laws which were enacted long back, they are not giving our people opportunities to prosper. These range from Shop licensing to vending/flea markets - we are still working with the Councils so that they do not disturb the vendors in their businesses.

Councils should revisit their outdated by-laws and see how they can assist people who want to do genuine business. They should also bear in mind that these government laws also affect them, as Councils, in alleviating the well being of our people. Most of these by-laws are hindering our people from acquiring and developing housing and commercial stands because there is corruption. So, we want the Councils to revisit these by-laws so that our people will be empowered.

This also applies to all ministries, we are working well with all ministries and will be looking at all the hindrances that are blocking our people from rising up. For example, when we look at the Mining Act, illegal panning causes land degradation but there are genuine miners who should be given room to mine so that they do not spend seven years in prison. I would like to urge this august House to find out from the people which laws are hindering them from doing their business because you represent them, so that we amend the laws to empower our people. That is all about empowerment, thank you, Mr. Speaker.

*MR. CHEBUNDO: My question is directed to the Minister of National Housing & Social Amenities, Rtd. Major Mutsekwa. There is a housing scheme that is helping civil servants to acquire stands and build houses. It would be good for the Minister to inform the House how the scheme is benefiting the workers in view of their poor remuneration.

*THE MINISTER OF NATIONAL HOUSING AND SOCIAL AMENITIES (MR. MUTSEKWA): Thank you Mr. Speaker, let me thank Hon. chebundo for the pertinent qudstion. In 2010, the Ministry of Finance of the request nf my ministry sourced for US$6 million to assistcivil servants in acquiring stands to build their houses and renovate"their homes.

BefOre I go any further, I would like tk highlight the fact that this gestwre was initiated cy my`ministry and has oothing to do with Conditions of Sebvice of the civil servants which are handled by Prof. Mukonoweshuro. When we got this money, we"came 5p with two grups namely the one which coíprises of thE le~%l of Directorq upwards - the money would be handled by thå Ministry of FinAnCe 4Èen the levels belowthe directorw would be handled by my mijistry. We went ahead an$ formed Commmttees to work wyth my m)nistzy so that there would be tranwparency. As I speak, the reports that I `ave ape that all the money haS been disbursed"to the deseòving people excepô for"one department that has(.ot beenallocated, the Office of the President, îot because of the shortcoming of my ministry but because they were making their own demands different from other departments - they wanted special treatment but I insisted on uniformity since we all fall under the same government.

The important question that you asked Hon. Chebundo: how far the money has gone in assisting the officers? From our reports many people benefited from the money but as we all know when funds are limited they will cater for the intended group. We are investigating following newspaper reports that this money benefited top management in most ministries but so far we are satisfied with our findings from the remotest areas in Zimbabwe where ordinary civil servants benefited. This is not the last time, we will make a similar arrangement this year after we have been given money by the Exchequer so that civil servants can benefit from this money. Thank you.

*MR. CHEBUNDO: Thank you Mr. Speaker, I would like to add that there are fears within the civil service that the money will benefit the ghost workers who are housed in Prof. Mukonoweshuro's ministry thus disadvantaging the genuine beneficiaries. What measures is your ministry putting in place to avoid this?

*THE MINISTER OF NATIONAL HOUSING AND SOCIAL AMENITIES (MR. MUTSEKWA): Thank you hon. Speaker, thank you Hon. Chebundo. Surely, I cannot rule out that possibility because if these ghost workers are in the system, chances are high that they will take advantage of our good gesture but before we disbursed the money to the ministries we urged them to make sure that the money benefits genuine civil servants but we are vigilant so that it does not happen like what is happening with the salaries.

Questions Without Notice were interrupted by MR. SPEAKER in terms of Standing Order No.33.



11. MR MUSHONGA asked the Minister of Youth, Development, Indigenisation and Empowerment to inform the House:

(ii) whether it is the ministry's policy to advance loans which are channelled through the Ministry to Youth in order to benefit ZANU (PF) youths only and refusing to grant the same loans to known or suspected MDC youths; and

(ii) how the ministry intends to rectify this anomaly.

THE MINISTER OF YOUTH, DEVELOPMENT, INDIGENISATION AND EMPOWERMENT (MR. KASUKUWERE): I want to thank Hon. Mushonga for his question. I want to state it very clearly Madam Speaker that the Youth Development Facility or Fund is meant to benefit all the young people of Zimbabwe irrespective of their political affiliation. This facility is available to the youths throughout the country. Our offices have been receiving hundreds and thousands of applicants and applications from our young people who would want to venture into one or the other income generating projects. We have not asked which political party they belong to, let alone to ask for any attachment of a political card.

Madam Speaker, I want to add that the challenge we face with regards to this facility is that it is too small. Our young people, the majority of them very enterprising, highly innovative, require much more than what we are able to give them. I want to assure Hon. Mushonga - I have received his list which he has prepared and it has been considered. I think some of the young people have been funded and I have not asked whether they are MDC-T. I hope you have given all the young people from Chiweshe.

Lastly Madam Speaker, with regards to the second part of his question, there is nothing to rectify because our processes are clear. Thank you Madam Speaker.


16. MR CROSS asked the Minister of Science and Technology to inform the House whether the ministry is considering the lifting of current restrictions on GMO Technologies in Zimbabwe and what the reasons are for such action.

THE MINISTER OF SCIENCE AND TECHNOLOGY (PROF DZINOTYIWEYI): I would like to sincerely express my appreciation to Hon. Cross for raising that very important question indeed. For the benefit of members, let me say that the current position we have in the country is that GMO products may be imported, provided they are in a milled form. If they are not in a milled form, for instance grain, they can only be imported under supervision to be milled under supervision by our technology authority to ensure that they do not turn into seed.

It is correct to say that my ministry is reviewing that position, infact it has reviewed that position. Let me emphasise that this is an area where there is a lot of controversy, particularly outside the sciences itself. For the benefit of members, let me also explain that what we call GMO in very general terms, includes even products you get through cross breeding or grafting. You usually graft a branch of an orange tree onto a lemon tree, the ultimate product is actually a GMO. What we use in practice to refer to as GMO excludes such products and does not restrict only to products which you obtain through a direct transfer of a genetic trait into a different living organism. When we do it using chemicals, biological or other technological means, the ultimate products are what we refer to as GMO products.

There has been controversy on various grounds, some feel that perhaps they may not be healthy. Some feel that they may impact negatively on the environment. Others feel that perhaps in terms of trade, it might interfere with their prospects of better trade if infact they are trading with nations which are against such products. The truth of the matter is that, from a strictly scientific position, those products have not been seen to be unhealthy in any way or to interfere with the environment in any way, while established institutions that include WHO, FAO, the Institute for Genetic Engineering and Biotechnology, internationally recognised have all undertaken extensive research in the area and have confirmed that there is no reason to fear those products. Accordingly, strictly from a scientific angle, we support the use of GMOs, but like I have indicated, this is an area where we have to consult with our other players in the sector of agriculture, health and environment and try to come up with a common position. So, yes the review is taking place, once we have a common position with others, we hope that the review will ultimately give a new regulation compared to what is there at the moment. I thank you Madam Speaker.


17. MR SULULU asked the Minister of Industry and Commerce to inform the House:

(i) how much money has been disbursed to local manufacturing

industries since January 2010;

(ii) which companies benefited and give their comparison;

(iii) what criteria was used in view of the need for transparency and accountability; and

(iv) about the measures that were put in place to support local firms from stiff competition offered by numerous foreign companies.

THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE (MR. BIMHA): The allocation and disbursement of funds to local manufacturing firms is now handled by the Ministry of Finance, under the Zimbabwe Economic Trade Revival Facility (ZETRF). This is done in collaborative administration with local banks and no funds have been availed to manufacturing industries through my Ministry. In fact, what the Ministry has received are requests from distressed companies which have been referred to Ministry of Finance Facility. Ministry of Industry and Commerce used to administer the Distressed Companies Fund Facility (DCFF) but now it is within the purview of Ministry of Finance to facilitate funding for local manufacturing firms.


18. MR. MAHLANGA asked the Minister of Industry and Commerce to inform the House:

(i) whether the Ministry is aware that National Furniture Industries formally Bentwood Limited is facing imminent collapse after being mismanaged by the Industrial Development Corporation which resulted in workers going without salaries;

(ii) what plans are in place to ensure that IDC is completely divorced from running the company since its mandate is long overdue and an investor was appointed to resuscitate the company just like what has been done to ZISCO STEEL and;

(iii) what measures have been put in place to ensure that workers have a stake in the company through the acquisition of shares.

THE DEPUTY MINISTER OF INDUSTRY AND COMMERCE (MR. BIMHA): The ownership of National Furniture Industries (NFI) has been changing owing to managerial and operational challenges. In order to save the company from collapse due to these challenges, the Industrial Development Corporation (IDC) subsequently acquired the company and now it is wholly owned by Government through IDC. At the moment, the company is not facing imminent collapse. The fact is that capacity utilization is just low between 10-15%, but the company is still operating. No workers have gone to strike owing to unpaid salaries or wages. Like any other company in the private sector, NFI has been trying hard to ensure that its workers are paid. Sometimes workers get 50-75% of their total salaries and they have not been workers' protest over salaries.

As to what plans are in place to ensure that IDC is completely divorced from running the company since its mandate is long overdue and an investor appointed to resuscitate the company just like what has been done to ZISCO STEEL, the running of NFI cannot be divorced from IDC because it is owned by IDC. Negotiations are still in progress to find an equity partner for NFI and expressions of interest were received from five (5) local/indigenous organizations. Evaluation is under way and the process is expected to be concluded by end of February 2011. No investor has been appointed yet to take over or partner IDC on owning NFI. If the negotiations are concluded, then a partner will be welcome on board and a team of directors will be appointed to run the company.

As to what measures have been put in place to ensure that workers have a stake in the company through the acquisition of shares; this is subject to discussion with the new strategic partner.


20. MR. CHIMHINI asked the Minister of Justice and Legal Affairs to explain:

(i) why the Copyright and Neighboring Rights Act (Chapter 26: 05) Section 59 (5) which provides that Copyright infringers shall be liable to a fine not exceeding level 10, or to imprisonment for a period not exceeding 2 years or both such fine and imprisonment in respect of each article to which the offense relates, cannot be amended to impose higher fines bearing in mind that Magistrates Courts charge pirates fines of US$20, US$50 or community service, regardless of how many articles the pirate had; and

(ii) whether the Ministry is aware that the stated fine level does not deter further infringement of copyrights.

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): I want to thank the hon. member for asking the question. The hon. member is concerned about what he considers a low level of fines being imposed by the

Magistrates Court

upon conviction for infringement of various copyright rights. I am not in the picture Madam Speaker, with respect to the exact cases and the exact infringement, but the hon. member is wrong to think that the law needs to be amended because level 10, in terms of Statutory Instruments, level 10 is a maximum of US$700 and you are complaining about impositions or fines of $20/$50 - far way below the maximum permissible of $700. So unless I am clear on the nature of the infringement, I am not in a position to respond to your question whether or not the magistrates were imposing reasonable penalties. I need to point out that I do not think that you are unhappy about the maximum period of two years. Clearly the rule provides that upon conviction, the magistrate can impose either a fine or imprisonment or both fine and imprisonment and the maximum penalties are provided. So I do not think it is the law. It could be the practice and if you give me specific examples, I can also make up my mind whether or not the magistrates are being misdirected.

THE DEPUTY SPEAKER: Hon. Chimhini if you need a more detailed answer, can you do what the minister has asked you to do.


21. MR. MADUBEKO asked the Minister of Justice and Legal Affairs to inform the House why it is taking too long to try land cases that were appealed to the Supreme Court.

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): I thank the Hon. Madubeko for the question. I need to point out that the question has been overtaken by events. At the time that the question was put on the Order Paper, it was true that the Supreme Court had not yet handed judgment on the land cases. It has since done so in November last year. A very comprehensive judgment was handed out which settles all the legal disputes pertaining to land cases. I agree that one would think that there was inordinate delay in delivering the judgments from the time their notices of appeal were launched, but I would not know why it took so long but I can only summarise reading the judgment that what the Supreme Court did was to consolidate a lot of cases which had the same issue, all cases against which they were appeals which came before the Supreme Court. The Supreme Court decided to consolidate all those cases so that it could give one definitive conclusive judgment on the matter of land disputes.


2. MR. CHIMHINI asked the Minister of Agriculture, Mechanization and Irrigation Development to:

(i) give a progress report regarding the Mupotedzi irrigation project which

has been pending for over 6 years,

(ii) state when the trenching and laying of pipes will be completed to achieve the community's aspirations,

(iii) report on the realistic time frame when the transformer which is said to be at ZESA in Mutare will be installed at the site; and

(iv) inform the House what measures have been put in place to rehabilitate the site and fill up the gullies that have resulted in road degradation close to the site.

THE MINISTER OF AGRICULTURE, MECHANIZATION AND IRRIGATION DEVELOPMENT (DR. MADE): Thank you Madam Speaker. I would like to thank the hon. member of the House for raising the question. It has been sometime since the project was initiated. However, due to lack of financial resources, there has been no work done further than digging the trenches. It is difficult to give an exact date when the trenching and laying of pipes will be completed as this all depends on availability of funds. However, since the technical teams are ready, work on the project will be completed as soon as funds are availed. Once financial resources are availed the transformer can be installed at the site. The gullies that have developed are as a result of the trenches that have not been developed further. If resources are availed, these can be rehabilitated and reclaim the degraded areas. I just wish to add that in the Blue Book, the funds have been provided for but the Minister of Finance is now waiting to mobilize resources for this scheme and other small schemes mentioned in the Blue Book. If he releases the funds as soon as he gets them, the work will be done.


23. MR CHIMHINI asked The Minister of Agriculture, Mechanisation and Irrigation Development to inform the House;

i) whether the Miniqtry is aware that emp|oyees at ADA Katiio

have gone for fifteen months without pay;

(ii) whether the Ministry is aware that part of the tea estate waw

destroyed by fire$under circumstances resulting in the suspension of production; and

iii) Iwhat the Ministry is doing to address the perennial problems at the parastatal which are affecting the workers and production levels.





I$am awarg that elployees at APDA Katiyo have gone for some months without salaries and wages. ARDA management is making frantic efnorts to raise dinance for payment through tma sales. Dialogue betwe%n ianagement and workers, however,"continues.

ii) M im iware that 113ha of`tea were destroyed by fire in 2003 following local farmers who were clearing their fields. This was a subject for the authority's insurers. Currently, efforts to resuscitate the burnt hectarage are underway.

iii) Guided by the fact that ARDA is a strategic parastatal and that the shareholder has challenges in raising funding for the parastatal, the board has since been directed to seek investment partners on a 51%:49% shareholding structure in favour of ARDA.


24. MR JIRI asked the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House;

i) the agricultural pricing policy taking into consideration that over the years farmers have been short-changed at the point of delivering their harvest when they discovered that the prices being offered cannot even make break even;

ii) the national policy on farmers support in this country; and

iii) how the farmers who were not supported by government will market their produce in order to cover their production costs and make profits.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR MADE): iCabinet sets the price on strategic grains and last season Cabinet had to intervene to assist cotton farmers where merchants were seen to be unfair.

ii) The national policy on farmers support in this country is that Government wants to support all classes of farmers. Currently, resources are scarce hence, Government is providing support to communal and small scale farmers.

iii) Currently the agricultural produce market is liberalized, however floor producer prices for grains and cereals are set by Cabinet.


25. MR NEMADZIVA asked theMinister of Agriculture, Mechanisation and Irrigation Development to explain;

i) how the irrigation department at Bonde Irrigation Scheme Buhera South is going to pay for the outstanding ZESA bills; and

ii) how the irrigation department is going to compensate the farmers who lost their winter crops and fertilizers, as a result of the power cuts caused by the outstanding balance owed to ZESA.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR MADE): iI am aware of the problems bedeviling a number of irrigation schemes. However, most of the problems being faced at the irrigation schemes are beyond the ministry's control; including the issue of outstanding ZESA bills.

ii) The issue of compensation is beyond my ministry. The Minister of Energy and Power Development is the one in charge of ZESA.


26. MR S. NCUBE asked theMinister of Agriculture, Mechanisation and Irrigation Development to explain to the House;

i) why communal farmers are paying five dollars for their new stock cards and whether this is not too expensive for poor communities;

ii) why people are sent to court for transferring stock cards to bonafide beneficiaries;

iii) why such offences require the jurisdiction of a magistrate; and

iv) whether the annual fee for livestock which is one dollar per beast is justifiable and to state whether this is not affordable to poor communities.

THE MINISTER OF AGRICULTURE, MECHANISATION AND IRRIGATION DEVELOPMENT (DR MADE): iThe fee for stock cards is meant to cover the fee of stationery and data handling for the completion of national livestock statistics.

The second answer, given indeed our evident economic situation, the fees seem very high and I undertake to look into reducing the fees.

The third answer, the stock card is a legal document in line with the Animal Health Stock Register Regulations proofing ownership and size of livestock assets for which services are provided. It is thus linked to a specific owner who is required to take certain responsibilities over the health and welfare of his or her animals. Owners' responsibility for heard health enable the department of the veterinary services to ensure effective implementation of sanitary measures for the animal health. That is why we make reference to define sanitary situations and notifiable diseases. So it is a regulation that is international, as long as we are traders in the sub-region as well as internationally.

Transfer to another person should therefore be formal by way of registration on a stock card to ensure transfer of these responsibilities. You cannot transfer willy-nilly, it has got to be recorded properly.

Lastly, the current annual dip-tank fee is justifiable and dipping is not the only cost of health care. The infrastructure needs constant maintenance and some key programmes especially those requiring vaccines for example, foot and mouth, anthrax and rabies. These are not charged for directly. The removal of this fee will undermine the efforts at attaining efficiency in the provision of animal health services for the small holder livestock producer. However, as I have said, again I fully understand the challenges that the farmers are facing. I am grateful Madam Speaker, that through this House the Minister of Finance has provided livestock support as requested by our Committee on Agriculture. So at least for the first time, we are supporting the livestock sector. I will continue to review these challenges that the farmers are facing.


28. MR MADUBEKO asked the Minister of Water Resources Development and Management to inform the House when the ministry intends to make a follow up on the access to clean water to all resettled people in Vungu Constituency including the burst Chagari Dam.

THE MINISTER OF WATER RESOURCES DEVELOPMENT (MR S. S. NKOMO): Thank you very much Madam Speaker and also Hon. Madubeko. Vungu Constituency includes Mabolweni and Insukamini where we have functioning boreholes for the supply of water to those communities. However, for the whole of the constituency to have access to the clean water, we have to drill more boreholes. Alternatively, we have to rehabilitate the existing boreholes that are broken down. We are aware that some of the boreholes in the constituency are broken down and we have put up a plan to rehabilitate, first of all boreholes throughout the country. This plan will be rolled out very soon to make sure that all the non-functional boreholes in all constituencies in the country are rehabilitated. I say this because government has given us some bit of money for that but we also have received backing from the NGOs, UNICEF, the World Bank for that particular programme. We have also received a donation of 500 new boreholes from China and we will roll these out also in addition to the rehabilitation process that will be rolling out.

The Chagari Dam is a community dam which breached in 2008.This breaching was due to lack of maintenance. This phenomena is all over the country. Many dams in the country have not been maintained over many years. In the current budge, the Minister of Finance has given us some money, but very small, to look at dam maintenance and safety. We have money to maintain about 25 dams out of 3 851 dams. I am not so sure whether Chagari is going to be part of that but I am going to check.

The community through the Shangani Sub-catchment Council approached the Gwayi Catchment and Zimbabwe National Water Authority seeking assistance for the repair of this dam. Once again, funding is the limiting factor. Once we get funding, we will attend to the maintenance of that dam. This dam repair is among the list of urgent interventions prioritized for funding from donors and from the fiscus. Its repair will provide water for the community use including irrigation of 10 hectares. I hope Hon. Madubeko would write to me direct so that I can follow it up.


35 MR. MADUBEKO asked the Minister of Public Service to explain whether it is an offence to underpay workers, and if so, who should be sued and by whom.

THE MINISTER OF PUBLIC SERVICE (PROF. MUKONOWESHURO): The question is quite a broad one because it seeks to understand whether it is illegal to under pay workers. The responsibility of ensuring that workers' rights are maintained legally is not my responsibility. It is the responsibility of my colleague the Hon Minister of Labour and Social Services.

However, if the question seeks to solicit information on issues pertaining to contractual agreements between Government workers and the Government, I think I can assist the hon. member.

The process of fixing wages in Government is executed through the National Joint Negotiating Council (NJNC) which brings together representatives of Public Servants, Government and there is also a provision of an independent chairman to ensure that deliberations in there are under the watch of someone who has no immediate interest. Once agreements have been struck, those agreements become legally binding. In the event of Government breaching that agreement, then it becomes illegal and Government is liable to be sued by the Staff Associations.

In my response, I will delve much on employees governed by the Public Service Act, which I administer. When an employee is engaged in the Public Service, the employee automatically enters into a contract of employment with the employer, Public Service Commission (PSC), with all issues relating to the respective employee's salary enshrined in this contract. In this regard, it will only become an offence to underpay this employee when:

(i) the paid salary is below the agreed conditions of service in the employer's contract of employment.

(ii) the paid salary is below the agreed salary from the collective bargaining agreements.

In the Public Service, it is difficult to say an employee is being underpaid because there are no benchmarks on the minimum salary, the employer can only pay salaries agreed by both parties in the National Joint Negotiating Council (NJNC), that is, between the Government and the employee representatives. In this respect, failure to reach an agreement would mean that the existing NJNC salary agreement is permissible at law for the employer to pay until a new salary agreement is reached.

This is different from the case in the Private Sector, where there are controlling bodies such as National Employment Councils (NECs) within various industries. The NEC's are responsible for setting minimum salary standards for the industries and any failure by the employer to adhere to the set standards results in the employer being compelled by the responsible NEC to oblige or be sued by employees through the

Labour Court


On the issue of who should be sued, if Clause (i) and (ii) above is breached;

(i) the employer (Government) can be sued by the employee representatives (Staff Associations)

ii) Staff Associations through the APEC Council can sue; PSC as the 1st respondent, Minister of Public Service as the 2nd respondent and Minister of Finance as the 3rd respondent


36 MR. MAHLANGU asked the Minister of Public Service to inform the House:

2. whether the civil service audit results are going to be presented to


3. why it is taking so long to have them presented to Parliament;

and ;

4. the measures put in place to ensure that the results are not tampered with before presentation to Parliament.

THE MINISTER OF PUBLIC SERVICE (PROF. MUKONOWESHURO): The Civil Service Audit was conducted as a Cabinet directive. Accordingly, the Civil Service Audit results will be presented to Cabinet. Follow-up actions will be informed by Cabinet decision.

On the second part of the question, in order to ensure the credibility and integrity of the exercise, government engaged an international audit firm, Ernst and Young, India, to oversee the conduct of the audit. The Audit Report was submitted to the Ministry in November 2010 by Ernst and Young, India. The Ministry submitted the report to the Principals in November 2010. The report is yet to be tabled for discussion in Cabinet.

On the final part of the question, the Audit firm, Ernst and Young, India has, in its custody, an extract of the data gathered during the audit which was used to produce the report. In addition, the server that was used to store the data during the data capturing exercise and the backup copies of the database are in a secure place under lock and key with restricted access. The raw data is also stored in a secure place. Preparations are at an advanced stage to ensure that the documents are scanned and stored in an electronic format.



29. MR MAHLANGU asked the Minister of Water Resources Development and Management to explain the short and long term measures that have been put in place to ensure that Bulawayo does not run out of water in view of the fact that two of its major dams have been decommissioned and the other three dams are also due for decommissioning.

THE MINISTER OF WATER RESOURCES DEVELOPMENT AND MANAGEMENT (MR. S. NKOMO): This rainy season looks like it is going to be better in terms of the rains and the resultant runoff. We have observed increased inflows into the supply dams for the City of Bulawayo. Comparing the quantities of water in dams in the same period over the past two years, this year is much better. The supply dams were 56% and 54% full at the same period in 2009 and 2010 respectively. This year (2011) as of 28 January, the supplies of dams were 71% full. This means that the city has more than 30 months of water supply in its dams when Insiza dam at its current full capacity is included.

With the prevailing water availability status, we hope that no dam will be decommissioned this year in Bulawayo as we anticipate that additional inflows will be received into the dams before the end of the rainy season.


Government, with funding from UNICEF has rehabilitated 47 of the 77 boreholes in the Nyamandlovu Aquifer. 15 of the 77 boreholes are beyond repair while an additional 15 have electrical and mechanical faults. 24 of these are currently operational and have a daily output of 3.500 cubic metres though negatively affected by power outages. Another 23 of the boreholes are awaiting for a supply of transformers. Efforts are currently underway to repair leaks on the main line owned by the City of Bulawayo which links the boreholes to Bulawayo. The Nyamandlovu Aquifer is capable of supplying more than 9,125ml per annum to the City of Bulawayo which is 10% of the requirements.


Government is constructing the Mtshabezi Dam pipeline for the benefit of Bulawayo. The pipeline will be connected to Mzingwane Dam to bring an additional 11,350ml of water per annum. The pipeline is intended for making water in Mtshabezi Dam available to the City of Bulawayo through existing infrastructure at Mzingwane Dam.

The pipeline stretches from Mtshabezi Dam in Matobo Communal Lands to Mzingwane Dam in MatabelelandSouthProvince over a distance of 46.5km consisting of twin 400mm diameter pipes and750mm diameter steel pipes to cater for high pressure zones. A booster station will be constructed at Kumbudzi Business Centre where water will be boosted to a 1,000 cubic metre tank where it will gravitate to another 1,000 cubic metres tank midway the pipeline. The water then gravitates into a second 250 cubic meTres balancing tank before getting into Mzingwane Fam or gravitating all the way to Nce}a water works vaa the Múingwane-Ncema pi`eline.

Government(throUgh thd Infrastructure Development Rank of Zimbabwe (IDBZ) availed an$initial US$7 million in March 2010 for construction of the projmct ane total expenditure to date is US$4.2 millio~ in the 2011 budwEt.

11.7km hate been trenched aîd 5.6km of piping laid t daDe. Mf"orts are tnderway to`ensure

thav the project i3 compleue `efore(the end of this {ear.

In a$dition to the Mtshibezi piqeline¬ the City of Bulawayo is(in the proc%ss of tbyinb to havå morå waTer fed from`the Insiza Dam which h`s beôter capacity to suqply water than the exhating dams. Efforts are coîcentrated qrkund the0du`lica|ion of the pipeline aLD also ifcreasing preqsurg îî the pipelénd so uhat mobe raw watEr from Insija Dam is deliveped to thå t2eavlent works at Îcema Dam. Th% ckty is pursuyng This option.


This long term plan sets its sight on the ZambeziRiver. The plans include the construction of the Gwayi-Shangani Dam to the ZambeziRiver through a pipeline and booster pumping stations.

The yield of the Gwayi-Shangani Dam when full will meet 4 years water supply requirements of Bulawayo and the pipe link to the Zambezi river would be used to replenish the dam when necessary.

The Gwayi-Shangani Dam received US$4 million in the budget for 2011. The bulk of the funding will go towards preparatory work for the dam construction project to resume. The work will focus on the repair of the access road and the living camp, clearing of dam foundation, quarry plant recovery and haulage of materials.

My Ministry is keen to get work going on this long term water supply solution for the City of Bulawayo and believes that the Government will continue to support the project through resource allocation for project execution


43 MR. MLAMBO asked the Minister of Defence if the Ministry is aware of the presence of soldiers at Green Valley Farm in Daistill who are intimidating and harassing members of the public in the Chipinge East Constituency.

THE MINISTER OF DEFENCE (MR. MNANGAGWA): Mr. Speaker, it is my honour and privilege to respond to Hon. Mlambo's question on the availability of soldiers at Green Valley Farm in Daistill and the allegations of harassment that he leveled against them.

I will start by giving the background of their presence at the farm. GreenValley farm is an 887 hectare farm, which was gazetted for redistribution under the Land Reform Programme on 30 June 2001. HQ 3 Brigade was allocated 400 hectares on this farm in November 2009 and automatically assumed ownership of the land, while the remaining 487 hectares was allocated to A1 farmers. Military personnel is deployed to secure army equipment and implements on the farm and currently it is manned by a platoon of Zimbabwe National Army soldiers. Therefore, the soldiers that they see on this farm are there for that purpose and nothing else.

However, following allegations of intimidation and harassment of locals at Green Valley Farm by Hon . Mlambo, I directed the authorities at 3 Brigade to investigate the allegations and contrary to his claims, there were no such activities reported and I was left to wonder as to where these allegations were emanating from. Incidentally, the farm is situated in an area that is perceived to be an MDC stronghold and we suspect that the allegations may be intended to discredit the Army with the ultimate objective of gaining cheap political mileage for his party.

For the record, Mr. Speaker, all Zimbabwe Defence Forces members, wherever they are, are under strict orders not to harass civilians. Mr. Speaker, may I therefore point out that if there are any specific reported incidents of this nature, the Zimbabwe Defence Forces will conduct further investigations and take the necessary disciplinary action. I thank you.



THE MINISTER OF JUSTICE AND LEGAL AFFAIRS presented the General Laws Amendment Bill [H.B. 8, 2010].

Bill read the first time

Bill referred to the Parliamentary Legal Committee.



First Order read: Adjourned debate on motion on the First Report of the Portfolio Committee on Small and Medium Enterprises on the status of SMEs in Harare.

Question again proposed.


Motion put and agreed to.

Debate to resume: Tuesday, 22nd February, 2011.

On the motion of THE MINISTER OF WATER RESOURCES DEVELOPMENT AND MANAGEMENTthe House adjourned at Three Minutes to Four o'clock p.m.





Last modified on Friday, 22 November 2013 14:51
National Assembly Hansard Vol. 37 NATIONAL ASSEMBLY HANSARD - 16 FEBRUARY 2011 VOL. 37 NO. 22