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NATIONAL ASSEMBLY HANSARD - 29 MARCH 2010 VOL. 37 NO. 27

Tuesday, 29th March, 2011

 

The House of Assembly met at Seven minutes to Three O'clock p.m.

 

 

ANNOUNCEMENT BY THE CLERK OF PARLIAMENT

 

Presence of Mr. Lovemore Moyo in the House

 

THE CLERK OF PARLIAMENT: Before I begin proceedings, I believe, this is an august House, therefore it will be expected that hon. members will respect that title 'Honourable'. Before I begin business, I observed that Mr. Lovemore Moyo, the former Speaker is in the House, he is not on our list; he is not a member and will not participate in the proceedings. He is not allowed in the Chamber I would, therefore, request that he leaves.

After dissolution of Parliament and on a date advised by the President, the House shall not proceed to do any business before it elects a Speaker. Any business means, I will not entertain any question/any challenge until the proceedings have been complied with - [HON. MEMBERS: Inaudible interjections] - So, I would respectfully request Mr. Moyo to - [HON. MEMBERS: Inaudible interjections] - I will not entertain any question. The effect of the ruling of the Supreme Court setting aside the election of Lovemore Ndodana Muthe Moyo as Speaker of the House of Assembly is that the proceedings of the House begin at the period immediately before the election of Speaker.

Mr. Lovemore Moyo left the Chamber

NEW MEMBERS SWORN

MR JOHN LANDA NKOMO and MS OPPAH CHAMU ZVIPANGE MUCHINGURI subscribed to the Oath of Loyalty as required by the Law and took their seats. - [HON. MEMBERS: Hear, hear.]

ELECTION OF SPEAKER

THE CLERK OF PARLIAMENT: Subsection (1) of Section 62 of the Constitution provides that sessions of Parliament shall be held in such place and shall begin at such time as the President may, by proclamation in the Gazette, fix.

His Excellency the President, by proclamation number 7 dated 18 August 2008, fixed Parliament building as the place in which the First Session of the Seventh Parliament shall be held.

In terms of the same proclamation, and pursuant to the provisions of Standing Orders 2 and 3, the President fixed 10 o'clock before noon on Monday the 25 th August 2008, as the time and date for the swearing-in of Members of Parliament and election of Speaker of the House of Assembly at ParliamentBuilding.

Members of the House of Assembly indeed assembled in the Chamber of the House on the fixed date and purported to elect Lovemore Ndodana Moyo as Speaker of the House of Assembly.

On Thursday 10 March 20i1, the Supreme Court, in its ruling in the case of Jonathan Moyo and 3 others vs Austin Zvoma and another SC 2828/10, set aside the election of Lovemore Ndodana Muthe Moyo to the office of Speaker of the House of Assembly. The ratio decidendi for this decision was that six members of the House of Assembly from the MDC-T openly displayed their ballot papers, thereby violating the requirements for an election by secret ballot.

By these presents I, have to announce that the House of Assembly did not at law, elect a Speaker of the House of Assembly on Monday 25 August 2008 in fulfillment of the provisions of Section 39 (1) of the Constitution as read together with the provisions of Standing Orders Number 2 and 3 of the House of Assembly. His Excellency the President has fixed Tuesday 29 March at 3.00 o'clock in the afternoon as the date and time for members of the House of Assembly to complete that unfinished business of election of a Speaker of the House of Assembly.

Section 39 (1) of the Constitution and Standing Order No. 3 require that, when the House of Assembly first meets after any dissolution and before it proceeds to the dispatch of any other business, it shall elect a Presiding Officer to be known as the Speaker. The Clerk of Parliament shall preside over such election as Chairperson.

Section 39 (2) provides that the Speaker shall be elected in accordance with Standing Orders from among persons who are or have been members of the House of Assembly/Parliament and who are not members of the Cabinet, Ministers or Deputy Ministers.

Provided that a person who is not a member of the House of Assembly shall not be elected as the Speaker unless he is qualified in accordance with Schedule 3 of the Constitution for election to the House of Assembly.

Standing Order No. 5 states that if only one person is nominated and seconded, the Clerk of Parliament shall proceed to call that person to the Chair forthwith or as soon as may be thereafter without putting any question.

Standing Order No. 4 states that if more than one person is nominated to be a Speaker, an election shall be conducted by secret ballot as prescribed in Standing Order 6.

In its recent ruling, the Supreme Court has defined the requirements of secret ballot in the election of Speaker as meeting the following criteria:

i) Each member must receive a ballot paper from the Clerk of Parliament.

ii) Each member must indicate his/her choice on a ballot paper in the privacy or secrecy of the polling booth; and

iii) Having marked the ballot paper in secret, each member must fold the ballot paper to maintain the secrecy of the vote and deposit his/her ballot into the ballot box, without disclosing his/her ballot paper to the world.

In the event that there are two or more candidates to fill the vacant post

of Speaker, the Clerk has put in place the necessary arrangements including rules governing the election, polling booths, ballot boxes and printing of ballot papers. The Clerk has afforded hon. members time to familiarise themselves with these rules which have been circulated before the election.

Standing Order No. 3 states that members having made and subscribed to the oath of loyalty or affirmation shall, as soon as a quorum of 25 members is present, forthwith proceed to elect a Speaker and during such election the Clerk shall act as Chairperson. I have established that the House is quorate. I now therefore call for nomination of candidates for the position of Speaker.

MR. MAVIMA: I nominate Ambassador Simon Khaya Moyo as Speaker of the House.

MR. J.M. GUMBO: I second.

MR BITI: I nominate Lovemore Ndodana Moyo as Speaker of the House.

MR ZWIZWAI: I second. - [HON. MEMBERS: Inaudible interjections]-

THE CLERK OF PARLIAMENT: Any other nominations?

MR MATUTU: I nominate Professor Jonathan Moyo.

MR CHIBAYA: I second.

THE CLERK OF PARLIAMENT: The following candidates have been duly nominated:

1. Simon Khaya Moyo - ZANU (PF)

2. Lovemore Ndodana Moyo - MDC-T

3. Professor Jonathan Moyo - ZANU (PF)

MR MANGWANA: On a point of order, I am instructed to withdraw Professor Jonathan Moyo because he has not asked anyone to nominate him. In an election, a candidate has to accept. - [MR. ZWIZWAI:You said you are not entertaining any questions, why are you entertaining him now?] - [HON. MEMBERS: Inaudible interjections]-

THE CLERK OF PARLIAMENT: Order, order, I am only entertaining a point of order from the nominated candidate. - [MR BITI:No] - but he is the candidate, he is entitled. - [MR BITI:He is not]- - He is entitled. I make the final decision. - [HON. MEMBERS: Inaudible interjections]-

THE CLERK OF PARLIAMENT: Order, order.

PROF. J. MOYO: I note the nomination that has been made and I respectfully withdraw, I do not wish to be in the contest.

THE CLERK OF PARLIAMENT: It is important for members to listen to what I am going to say now because if you do not comply, you may not participate in the election process. Standing Order No. 4, as read with Standing Order No. 6 says that if more than one candidate is proposed as Speaker, the Clerk shallconduct the election by secret ballot. Accordingly, I shall conduct the election by secret ballot in the visitors lounge by the main desk entrance next to

Nelson Mandela Avenue

entrance for one and half hours, starting when we indicate with the bells ringing. The voting will take place until all eligible members in the Chamber and in the queue starting from the Chamber have voted, provided they are in the Chamber at the time that we close. I will announce the starting time once printing of ballot papers is complete. I therefore urge hon. members not to leave the precincts of Parliament, particularly those who have not voted until the announcement of the commencement of voting by ringing of the House of Assembly bells. After the House of Assembly bells signalling the commencement of the voting, members present must remain in the Chamber until they have voted.

Before I proceed to the Speaker's recess room accompanied by officers of Parliament and two designated agents of each candidate for the printing of the ballot papers, I shall now read out the rules governing the election of Speaker by secret ballot to be strictly complied with.

Members will be directed to the visitors' lounge where voting will take place. They will be issued with ballot papers after positive identification from their National Identity cards, passports, driver's licences or members' chart and the signing of the register.

Members will enter the visitors' lounge four at a time and only after being allowed to do so by a designated officer.

No cellphones, cameras or any audio or video recording equipment, except for accredited journalists, will be allowed into the polling station. A screening machine has been installed at the entrance to the polling station for this purpose. Members must therefore leave the said gadgets before they proceed to the polling station, failing which, they may leave them with housekeepers at the Main Desk marked in an envelope and stapled for your security.

Members who have voted shall immediately leave the visitors' lounge by the

Third Street

passage on the east and may either leave the building through the Library entrance or proceed to any part of the building but shall not return to the Chamber of the House of Assembly until after the voting is complete. When voting has been completed, tallying, verification and counting of ballot papers will be done in the Visitor's Lounge in the presence of designated election agency, candidates may observe this process if they so wish.

On completion of this process I shall invite members back to the Assembly Chamber and proceed back to the House of Assembly Chamber accompanied by the Election Agents to the results of the election thereafter. To avoid disqualification of their ballots, members are therefore urged to strictly observe these rules which have been announced. A member may only vote for one candidate of his or her choice by marking an X; let me repeat, by marking an X against the name of that candidate. Where the member puts an X against more than one name or mark the ballot paper in any place or with any other mark, other than the designated space in the designated box with an X, such ballot paper shall be disregarded and shall be regarded as spoilt.

The candidate who receives the highest number of votes will be declared duly elected Speaker of the House of Assembly. If more than 2 candidates are nominated and the top two candidates are tied, the candidate with the least number of votes will be eliminated from the next round of voting. In the event of there being a tie between the two remaining candidates in the next round of voting, I shall toss a coin to determine the winner. After printing of the ballot papers, I shall proceed to the Visitors Lounge accompanied by officers of the House and the designated agents of the candidates.

Now I invite candidates and their agents to witness the printing of the ballot papers which is taking place and they are already aware. Therefore we will announce the commencement of the voting process by ringing the Assembly bells.

We will now give opportunity to the movers, only the movers to motivate their candidates.

MR MAVIMA: It gives me great pleasure to nominate Ambassador Simon Khaya Moyo as Speaker of this august House. I will give you a brief resume of Ambassador Simon Khaya Moyo. Ambassador Simon Khaya Moyo was born in Plumtree, Zimbabwe on 1st October, 1945. After completing primary education in the area, he proceeded to do secondary education at FletcherHigh School up to 1965. Thereafter, he worked in Bulawayo as a research assistant at MpiloHospital from 1966 to 1967. He left Zimbabwe for the liberation struggle in early 1968. On arrival in Lusaka, Zambia, he was directed by the ZAPU leadership to join the University of Zimbabwe for the Diploma in Social Science which he completed with merit in 1969.

The Party then directed that he proceeds to MakerereUniversity in East Africa for a BA Degree in Social Sciences which he completed in March 1973 with an Upper Second Class Honours. He lectured for a while in Uganda as well as being ZAPU chief representative. In 1975, he proceeded to LusakaZambia and he was subsequently appointed Secretary and Special Assistant to ZAPU President, Dr Joshua Mquabuko Nkomo. He did military and intelligence training in the then German Democratic Republic (East Germany). He became a member of the Revolutionary Council as well as a member of PF ZAPU Central Committee. He travelled widely with Dr Joshua Nkomo and attended the Geneva, Malta and Lancaster House Conferences. At independence in 1980, he became Assistant Secretary in the Ministry of Home Affairs when he was promoted in 1983 to Under Secretary in the Ministry of Justice. He laterally transferred to the Ministry of Health in 1984 and was promoted to Deputy Permanent Secretary in the same ministry in 1987. He was awarded the liberation decoration medals, gold and silver in August 1999 for his role in the struggle to liberate Zimbabwe. He left Government service in 1989 and became the first head of corporate affairs of the Development Trust of Zimbabwe (DTZ), a Trust founded by Dr. Joshua Nkomo.

He was then elected a member of the united ZANU PF Central Committee at the 1989 Party Congress. He stood for the March 1990 General Elections, becoming member of Parliament for Bulilima-Mangwe South Plumtree Constituency. He also became a member of the Parliament's Public Accounts Committee, a member of the Committee on Indigenisation of the National Economy. In 1992, he was appointed Deputy Minister of Industry and Commerce. In September 1994, he was re-elected member of the ZANU PF Central Committee and thereafter appointed Deputy Secretary for Administration in the ZANU PF Politburo. In 1995, he stood for the General Elections, and was overwhelmingly reelected Member of Parliament for Bulilima-Mangwe South Constituency.

Soon after the election, he was appointed to the key Cabinet portfolio of Minister of Transport and Energy. He was then appointed Minister of Mines, Environment and Tourism in July 1997 up to July 2000. At the December 2000 ZANU PF special National People's Congress, he was appointed Deputy Secretary for Legal Affairs in the Politburo. He was appointed High Commissioner or Ambassador to the Republic of South Africa and the Kingdom of Lesotho on 1 st January 2001. He was also accredited to Mauritius as Ambassador Extraordinaire potentialis. He was Deputy Dean of the entire diplomatic cops in South Africa and Dean of the Southern Africa Development Community (SADC), in South Africa, until the end of his tour of duty on 15 th October 2010.

At the December 2004 ZANU PF national people's congress, he became a full Politburo member in the capacity of Committee Member. He has written a book, Mr. Speaker Sir, a compilation of his speeches in Parliament and beyond. He has recently written another book, In Service of My Country, whose soul word was written by the late nationalist Vice President Cde. Joseph W. Msika. He was unanimously elected ZANU PF National Chairman on 12 December 2009 at the Party's 5th national people's congress in Harare.

Hon members, this is the man to vote for as Speaker of Parliament. Thank you.

MR. BITI: Mr Clerk Sir, Hon Lovemore Moyo was born on the 29th January, 1965. He is a family man who is married to Nokuthula. He did his primary school at Mbuso and St Thomas schools in Matobo. He attended his secondary education at GoholeSchool in Matobo District and proceeded to his advanced level studies at FoundationCollege in Bulawayo.

Hon. Lovemore Moyo hails from a well known family of former freedom fighters. Seven members of his family crossed the border into Botswana to pursue the liberation struggle outside Zimbabwe. Amongst his family members is the late ZIPRA Commander Smile Madhebuko Moyo in respect of which other members of this hon. House, including the co-Minister of Home Affairs served under. I also want to say hon. Clerk that of one of his siblings, there was a female freedom fighter who died during the bombing by the Ian Smith Regime at Mkushi Camp in Zambia. His own mother was a ZAPU District Treasurer in Mbembesanwa and was beaten up during Gukurahundi and tortured, resulting in her sustaining serious life threatening injuries which eventually resulted in her death. Lovemore Moyo was a youth member of ZAPU and in 1978 he crossed the border into Botswana and proceeded to Nampuntu Camp before finally settling at the JZ Camp in Solwezi, Zambia where he received his military training until 1980.

I also would like to point out Mr. Clerk Sir that Hon Lovemore Moyo was a founding member of the Movement for Democratic Change and was there with us on the 11th September, 1999 when the MDC was launched at Rufaro Stadium. In June 2000, he was elected in Matobo wherein again he was elected in March 2005. Once again, hon. Clerk, he was re-elected as Hon. Member for Matobo on the 29th of March, 2008 and the significance, hon. Clerk, is that this election is being held on the 29th of March, in the year of our Lord, 2011.

As part of his extra curriculum activities, Hon. Moyo is the founding President of Imbovhani yaMatshabezulu, a cultural group based in Matabeleland. He is also the Secretary for the Matabeleland Development Foundation and also the Secretary of the Matopo Development Association. Since the 21st of August, 2008, Hon. Moyo has presided over this august House as Speaker of the House of Assembly. It is undisputed hon. Clerk, that as Chair of this august House, he has reflected maturity and impartiality. He has treated, without distinction, each and every member of this august House with respect, with equality without rancor and without animosity.

During the three years that he has been Speaker, not a single member in this august House has been expelled or eliminated. He has managed to preside over this august House with soberness, understanding and maturity. I trust that we shall be united in voting Lovemore Ndodana Moyo.

THE CLERK OF PARLIAMENT: Let me repeat, for the recorder and recordings of this House, all remarks outside the allowed use, shall not form part of the record.

I have been advised that the following have been appointed election agents for the two candidates. For Hon. S.K. Moyo, the election agents are J.M. Gumbo and Hon Mangwana. Can you confirm - [HON. MEMBERS: Yes]-

For Mr Lovemore Ndodana Moyo, the following members have been appointed election agents; Hon. Innocent Gonese and Hon. Mwonzora. Can you confirm - [HON. MEMBERS: Yes]- Thank you.

I invite the election agents to witness the printing of the ballot papers.

1545 Hours - Business of the House suspended to allow the voting process.

(After completion of counting of ballot papers)

THE CLERK OF PARLIAMENT: Before announcing the results, I need to make a full report. There were 199 members out of 203 eligible to vote. 4 were not present and in the process, after everyone present had voted. We accounted, together with the election agents, we accounted for all the 199 ballot papers issued. Out of the 199, there were 2 reservations, one in respect of a ballot paper which had an X in the correct box but where the member had started to write the name elsewhere. After analysis and noting the reservations by 2 of the election agents for Lovemore Moyo, I ruled that that ballot paper was valid because it did not violet the secrecy of the ballot in terms of the rules. I am an honourable person some of the member may not be. - [HON. MEMBERS: Inaudible interjections] - on one other ballot, a member marked an X outside the box, again there were reservations by the other pair, this time, for S. K. Moyo. In that event, I ruled that that ballot paper was invalid and noted the reservations. There was a third reservation expressed by the election agents for Lovemore Moyo about Xs that consisted of about 2 or 3 lines. I ruled that those Xs were valid. In that event we discovered that those Xs existed on either side of the candidate therefore, the objection was ruled out.

The final result therefore, which has been signed by all agents is that out of 199 ballot papers issued, 198 are valid votes, one rejected ballot, none are disqualified votes and none are spoilt votes. The result of the count is that Hon. Lovemore Ndodana Muthe Moyo received 105 votes and Hon. Simon Khaya Mute Moyo received 93 votes.

I therefore, declare Hon. Lovemore Ndodana Moyo duly elected to the office of Speaker of the House of Assembly.

In terms of Section 39 (3) of the Constitution of Zimbabwe, a person who has been elected as Speaker is required to take and subscribe to an oath of affirmation and loyalty before he enters upon the duties of his office, unless he has already done so in terms of Section 44 of the Constitution.

I therefore call upon Hon. Lovemore Moyo to take and subscribe to the oath of loyalty.

HON. LOVEMORE MOYO took and subscribed to the Oath of Loyalty and Affirmation and was conducted to the Chair

MR. SPEAKER: Fellow hon. members, I would like to thank you once again for this honour that has been bestowed on me for being chosen as Speaker of the House of Assembly. I attribute this victory to progressive Members of Parliament across the party lines who, through their vote have defended the original outcome of the first vote that was nullified recently. I want to thank all those who have shown their confidence in me as well as all those who were praying that this outcome be achieved. This victory gives us all the opportunity to continue the work we begun on the 25th of August 2008, which is to democratise, modernise and strengthen our Portfolio Committee system. We also need to ensure that the Parliament of Zimbabwe takes up its position in the regional and international family of Parliamentary diplomacy.

Moving forward from here, I think there is need for the nation to open a broad debate on the meaning of the doctrine of separation of powers between the three arms of the State with a view to strengthening our institutions and defending their operational autonomy for the good governance of our country. It is healthy for our country to have these debates on this and many other questions that remain unanswered and that prevent the emergence of a strong sense of nationhood.

I want to take this opportunity to thank my party and fellow Parliamentarians for the confidence shown in my leadership and the continued support during the dark hours of the last few weeks. Most importantly, I would like to thank the Almighty God for giving me strength and the will power to persevere during the difficult period gone by. I consider it a blessing from God to be restored to such an important seat in our land.

God bless Zimbabwe; God bless Parliament.

Mr Madzimure and Mr Biti , thereupon conducted Mr Moyo to the Chair.

 

THE CLERK OF PARLIAMENT: At this time, I will give the opportunity to Vice Presidents; Deputy Prime Ministers and leader of Government business to offer any congratulatory speeches. Are there any speeches? -[HON. MEMBERS: Inaudible interjections]-

No speeches

MR. SPEAKER: Order hon. members. I have to inform the House that in terms of Standing Order No. 11, I have to present myself and Hon. N. M. Khumalo to the Head of the State and shall inform him that the choice of this House has fallen upon me to be your Speaker and upon Hon. N. M. Khumalo to be your Deputy Speaker as well as Chairperson of Committees. In presenting myself to the President, I shall, in your name and approval, lay claim to the undoubted rights and privileges of Parliament by law and custom established which are to be enjoyed by the Parliament of Zimbabwe.

I invite the proposer and seconder of the Speaker to accompany us together with as many hon. members and ministers as may desire to do so. The ceremony will take place at the State House at a date to be announced later.

On the motion of THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS, the House adjourned at Four Minutes past Seven o'clock p.m. until Tuesday, 5th April, 2011.

 

 

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National Assembly Hansard Vol. 37 NATIONAL ASSEMBLY HANSARD - 29 MARCH 2010 VOL. 37 NO. 27