ADVANCE COPY-UNCORRECTED

 

 

No. 42

 

PARLIAMENT 

 

OF

 

ZIMBABWE

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VOTES AND PROCEEDINGS OF  THE NATIONAL ASSEMBLY

 

_________________

 

THIRD SESSION – NINTH PARLIAMENT

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TUESDAY, 20TH APRIL, 2021

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Quarter past Two o’clock pm.

The Speaker in the Chair.     PRAYERS.   Members Present
Banda G; Banda S, Bhila R, Bhuda S, Bushu B., Bvute O., Chadzamira R. E., Chamisa S.,	Chanda G. , Chasi F., Chibagu G., Chidamba S.,  Chiduwa C. Chikomba L., Chikudo Rueben, Chikukwa M. R, Chikuni E.,	Chikwama B., Chimbaira G., Chimina L., Chimwanza J. Chingosho C. P. Chinotimba J., Chinyanganya M., Chipato A, Chitando W,

 

Chitura L, Chiyangwa P, Chombo M, Dube B, Dube G, Dube M., Dube P, Dutiro P, Dzepasi G, Dzuma S., Gabbuza J. G., Gandawa M. A, Garwe D., Gonese I T, Gorerino O., Gozho C, Gumbo J. M., Gwanetsa K. K., Gwanongodza E., Hamauswa S., Haritatos V. P., Houghton J. R, Jaja J., January S. Kabozo S., Kachepa N., Kambamura P., Kanhutu I N, Kankuni W, Kapuya F., Karikoga T., Karoro D., Karumazondo M. T., Kashambe M. T.,  Kashiri C.,		Kazembe K.,  Khumalo S. S.,  Khupe T. Kwaramba G.,  Labode M. R. Maboyi R M., Machakarika T., Machando P., Machingura R, Madhuku J, Madiro M, Madiwa C., Madziva S., Mafuta S. V., Mago N, Makone S. Makoni R R, Makonya J, Mandiwanzira S C, Mangora B., Maphosa L., Marapira D., Marikisi N., Markham A. N., Maronge C., Masango C. P., Masenda N. T,  Mashakada T. Mashonganyika D, Masiya D., Masuku E, Masuku P., Matangira T. R, Mataranyika D. M.,  Mataruse P., 2		Matemadanda V., Mathe S, Matsikenyere N., Mavenyengwa R., Mavetera T. A., Mavhunga M, Mavima P, Mawite D., Mayihlome L, Mbondah M, Mchenje S. M., Mguni Hlalani Mguni S K, Mguni N, Mhlanga J. N., Mhona F T, Mkandla M., Mkaratigwa E., Mkwanda J., Mliswa M T, Mliswa T P Mnangagwa T. M., Molokela-Tsiye F D, Moyo E, Moyo Peter, Moyo Priscilla, Moyo R., Moyo T., Mpame C., Mpariwa P, Mpofu M. M., Mpofu R., Muchimwe P T, Muchinguri O C Z, Mudarikwa S,
Mudyiwa M., Mugweni C. T., Mukuhlani T., Munetsi J., Munochinzwa M. Muponora N., Murambiwa O, Murire J, Rtd. Col. Dr Musabayana D., Musakwa E, Musanhi K. S, Musarurwa W.Y. Mushonga P. M., Mushoriwa E., Musikavanhu D. A., Musiyiwa R., Muswere J., Mutambisi C, Mutodi E., Mutomba W., Ncube A., Ncube E., Ncube Ophar, Ncube Owen, Ncube Soul, Ndiweni D., Ndlovu E., Ndlovu S., Nduna D. T., Ngome J., Nguluvhe A., Ngwenya S., Nhambo F.,		Nhari V, Nkani A., Nkomo M,  Nyabani T, Nyabote R. Nyamudeza S, Nyashanu M. Dr, Nyathi R. R, Nyati Esther Nyere C., Nyokanhete J, Nyoni I, Nyoni S. G. G., Paradza J, Paradza K., Phuti D., Porusingazi E., Raidza M., Rungani A, Rwodzi B.,  Sacco J. K.,  Saizi T. Samambwa E., Samson A., Samukange J. T., Sansole T. W., Sanyatwe C., Saruwaka T. J. L., Seremwe B., Sewera J N, Shamu W. K., Shava J., Shirichena E.,		Shongedza E.,  Shumbamhini H.,  Sibanda L. Sibanda M., Sibanda O., Sibanda Z., Sikhala J., Simbanegavi Y., Sithole G K, Sithole James, Sithole Josiah, Sithole S, Svuure D, Taruvinga F., Tekeshe D., Toffa J., Togarepi P., Tongofa M., Tshuma D., Tsuura N., Tsvangirai Vincent Tungamirai T., Wadyajena J M., Watson N J, Zemura L, Zhemu S, Zhou P, Zhou T, Ziyambi ,

In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

3

 

 

 

 

 

Printed by Order of the National Assembly

 

 

Absent with leave

 

 

1. Papers laid upon the table-

 

The Minister of Finance and Economic Development

Presidential Benevolence Fund – Public Finance management act (Chapter 22:19)

 

Vice President of the Republic of Zimbabwe and Minister of Health and Child Care

 Procurement Regulatory Authority of Zimbabwe Strategic Plan 2021-2023 – Public Entities Corporate Governance Act

             

2. The Speaker informed Hon Members that their physical attendance was required for purposes of voting on the Constitution of Zimbabwe Amendment (No. 2) Bill (H.B. 23, 2019) and that in order to comply with COVID 19 regulations Hon Members were requested to use the National Assembly Chamber and the Government Caucus Room. Members who would be in the two venues at the time the ringing bells stopped, would be deemed to be present. Hon Members were also advised to be within the precincts of Parliament in order to ensure that they availed themselves during the voting on the Bill.

 

3. The Minister of Presidential Affairs gave a ministerial statement on the District Development Fund’s recapitalization programme.

 

4. CONSIDERATION: Constitution of Zimbabwe Amendment (No. 2) Bill (H.B. 23A, 2019) as amended– The Minister of Justice, Legal and Parliamentary Affairs.

 

             Clauses 3, 11, 12, 13, 17, New clause 19A and 20 under consideration.

Amendments in Clauses 3, 11, 12, 13, 17, New clause 19A and 20 put and agreed to and the Bill, as amended, adopted.

                        

5. THE SPEAKER: Section 328 subsection 5 of the Constitution of Zimbabwe provides that a Constitutional Bill must be passed, at its last reading in the National Assembly and the Senate, by the affirmative votes of two-thirds of the membership of each House.

 

In order to comply with the provisions of Section 328 subsection 5 it is necessary that  the number of affirmative votes cast by Honourable Members be recorded.

 

I, therefore direct that the bells be now rung after which the votes of Honourable  Members will be counted.

 

Ayes-191: Hon. Bhila R, Hon. Bushu B, Hon. Bvute O, Hon. Chadzamira R. E, Hon. Chanda G, Hon. Chasi F, Hon. Chibagu G, Hon. Chidamba S, Hon. Chiduwa C, Hon. Chikomba L, Hon. Chikukwa M. R, Hon. Chikuni E, Hon. Chikwama B, Hon. Chimwanza J, Hon. Chingosho C. P, Hon. Chinotimba J, Hon.Chinyanganya M, Hon.

 

Chipato A, Hon. Chitando W, Hon. Chitura L, Hon. Chiyangwa P, Hon. Chombo M, Hon. Dube B, Hon. Dube M, Hon. Dutiro P, Hon. Dzepasi G, Hon. Dzuma S, Hon. Gandawa M. A, Hon. Garwe D, Hon. Gorerino O, Hon. Gozho C, Hon. Gumbo J. M, Hon. Gwanetsa K. K, Hon. Gwanongodza E, Hon. Haritatos V. P, Hon. January S, Hon. Kabozo S, Hon. Kachepa N, Hon. Kambamura P, Hon. Kanhutu I. N, Hon. Kapuya F, Hon. Karikoga T, Hon. Karoro D, Hon. Karumazondo M. T, Hon. Kashambe M. T, Hon. Kashiri C, Hon. Kazembe, Hon. Khumalo S. S, Hon. Kwaramba G, Hon. Labode M. R, Hon. Maboyi R. M, Hon. Machakarika T, Hon. Machando P, Hon. Machingura R, Hon. Madhuku J, Hon. Madiro M, Hon. Madiwa C, Hon. Madziva S, Hon. Mago N, Hon. Makoni R. R, Hon. Mandiwanzira S. C, Hon. Mangora B, Hon. Mangwiro J. C, Hon.

Maphosa L, Hon. Marapira D, Hon. Marikisi N, Hon. Maronge C, Hon. Masango C. P, Hon. Masenda N. T, Hon. Mashakada T, Hon. Mashonganyika D, Hon. Masiya D, Hon. Masuku E, Hon. Matangira T. R, Hon. Mataranyika D. M, Hon. Matemadanda V, Hon. Mathe S, Hon. Matsikenyere N, Hon. Mavenyengwa R, Hon. Mavetera T. A, Hon. Mavima P, Hon. Mawite D, Hon. Mayihlome L, Hon. Mbondia M, Hon. Mchenje S. M, Hon. Mguni Hlalani, Hon. Mguni S. K, Hon. Mhlanga J. A, Hon. Mhona F. T, Hon. Mkandla M, Hon. Mkaratigwa E,  Hon. Mkwanda J, Hon. Mliswa M. T, Hon. Mliswa T. P, Hon. Mnangagwa T. M, Hon. Modi R. I, Hon. Moyo L, Hon. Moyo E, Hon. Moyo Priscila, Hon. Moyo Peter, Hon. Moyo R, Hon. Moyo T, Hon. Mpame C, Hon. Mpofu M. M, Hon. Mpofu R, Hon. Muchimwe P. T, Hon. Muchinguri O. C. Z, Hon. Mudarikwa S, Hon. Mudyiwa M, Hon. Mugweni C. T, Hon. Mukuhlani T, Hon. Munetsi J, Hon. Munochinzwa M, Hon. Muponora N, Hon. Murambiwa O, Hon. Murire J, Hon. Musabayana D, Hon. Musakwa E, Hon. Musanhi K. S, Hon. Musarurwa W. Y, Hon. Mushonga P. M, Hon. Musikavanhu D. A, Hon. Musiyiwa R, Hon. Muswere J, Hon. Mutambisi C, Hon. Mutodi E, Hon. Mutomba W, Hon. Ncube A, Hon. Ncube E, Hon. Ncube Ophar, Hon. Ncube Owen, Hon. Ncube S, Hon. Ndiweni D, Hon. Ndlovu E, Hon. Ndlovu S, Hon. Nduna D. T, Hon. Ngome J, Hon. Nguluvhe A, Hon. Ngwenya S, Hon. Nhambo F, Hon. Nhari V, Hon. Nkani A, Hon. Nkomo M, Hon. Nyabani T, Hon. Nyabote R, Hon. Nyamudeza S, Hon. Nyashanu M. Dr., Hon. Nyathi R. R, Hon. Nyati E, Hon. Nyere C, Hon. Nyoni S. G. G, Hon. Paradza J, Hon. Paradza K, Hon. Phuti D, Hon. Raidza M, Hon. Rungani A, Hon. Rwodzi B, Hon. Sacco J. K, Hon. Saizi T, Hon. Samambwa E, Hon. Samson A, Hon. Samukange J. T, Hon. Sanyatwe C, Hon. Seremwe B, Hon. Sewera J. N, Hon. Shamu W. K, Hon. Shava J, Hon. Shirichena E, Hon. Shongedza E, Hon. Shumbamhini H, Hon. Sibanda L, Hon. Sibanda M, Hon. Sibanda O, Hon. Sibanda Z, Hon. Simbanegavi Y, Hon. Sithole Josiah, Hon. Sithole S, Hon. Svuure D, Hon. Taruvinga F, Hon. Togarepi P, Hon. Tongofa M,  Hon. Tshuma D, Tsuura M,

Hon. Tungamirai T, Hon. Wadyajena J. M, Hon. Zemura L, Hon. Zhemu S, Hon. Zhou P, Hon. Zhou T, Hon. Ziyambi Z,

 

 

Noes-22: Hon. Chimina L, Hon. Dube P, Hon. Gabuzza J. G, Hon. Gonese I. T, Hon. Hamauswa S, Hon. Khupe T, Hon. Markham A. N, Hon. Masuku P, Hon. Mguni N, Hon. Molokela-Tsiye F. D, Mpariwa P, Hon. Mushoriwa E, Hon. Ndlovu S, Hon.

Nyokanhete J, Hon. Nyoni I., Hon. Sansole T.W, Hon. Saruwaka T.J.L, Hon. Sikhala J, Sithole G.K, Hon. Tekeshe D, Hon. Toffa J, Hon. Watson N.J

 

 

THE SPEAKER: The results of the count is that 191 Honourable Members have      voted in favour of the Third Reading of the Bill and 22 have voted against the Bill. The     number of affirmative votes recorded, is not less than the two thirds votes required.

 

I, therefore, declare the Constitution of Zimbabwe Amendment (No. 2) Bill (H.B23, 2019)     to have been dully passed in accordance with the provisions of Section 328 subsection 5 of     the Constitution of Zimbabwe.

 

Bill read a third time.

 

Bill transmitted to the Senate-

 

[Date Transmitted]

 

   Constitution of Zimbabwe Amendment (No. 2) Bill (H.B. 23A, 2019)…..…. 20th April, 2021.

 

6. On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at seventeen minutes to five o’clock pm.

 

 

HON. ADV. J. F. N. MUDENDA,

Speaker

 

 

WEDNESDAY, 21ST APRIL 2021

 

	QUESTIONS FOR ORAL ANSWERS
♦	QUESTIONS WITHOUT NOTICE.
*	QUESTIONS WITH NOTICE.
*1	HON. MACHINGAUTA: To ask the Minister of Energy and Power Development to
	inform the House when the following areas in Budiriro, Harare Metropolitan Province
	will be electrified; a). Ward 43 Cabs blocks 4, 5, 6, 7 and 8 b). Save Housing Cooperative [Deferred from 14th April, 2021]
*2.	HON. KARUMAZONDO: To ask the Minister of Energy and Power Development to
	inform the House when the Ministry intends to provide an electrical transformer at the
	DDF and Public Works Offices at Mtawatawa Growth Point. [Deferred from 14th April, 2021]
*3.	HON. BRIG. GEN. (RTD.) MAYIHLOME. To ask the Minister of Primary and Secondary Education to inform the House why there is a shortage of science laboratories at schools in the Matabeleland Region yet all three state universities in the region are science oriented.

                              [Deferred from 24th February, 2021]

 

*4. HON. MISIHAIRABWI MUSHONGA: To ask the Minister of Primary and Secondary Education to explain to the House as envisaged by Section 21, of the Education Amendment Act, what measures are being taken by the Ministry to ensure compliance with the said provision, given the fact that Non-Governmental Schools are increasing

school fees without seeking approval from the Ministry’s Permanent Secretary and furthermore considering that some are charging fees in the United States Dollars (USD).

	[Deferred from 10th March, 2021]
*5.	HON. S. K. MGUNI: To ask the Minister of Lands Agriculture, Water, Fisheries and
	Rural Resettlement to inform the House whether the Ministry is considering the
	construction of GMB Depots throughout the country, including Bubi Constituency in
	Matebeleland North Province. [Deferred from 14th April, 2021]
*6.	HON. KARUMAZONDO: To ask the Minister for Lands, Agriculture Climate and Rural  Resettlement to inform the House when the Saparanyambuya Dam is going to supply water to Mutawatawa Growth Point. [Deferred from 14th April, 2021]
*7.	HON.                             KARUMAZONDO: To ask the Minister of Information Communication
	Technology, Postal and Carrier Services to inform the House when the Ministry is
	going to establish Telone transmitters in Uzumba Maramba Pfungwe District. [Deferred from 14th April, 2021]
*8.	HON. KARUMAZONDO: To ask the Minister of Local Government and Public
	Works to inform the House when the Ministry is going to construct the Courts
	Building at Mtawatawa Growth Point. [Deferred from 14th April, 2021]
*9.	HON. M. M. MACHINGAUTA: To ask the Minister of Local Government and  Public
	Works to inform the House when the following roads in Budiriro, in the Harare
	Metropolitan Province will be rehabilitated; a). Magodo road in ward 43 b). 18 Crescent, 36st c). Tumbuyu and Chipere Crescent d). 53 Street Budiriro 3 [Deferred from 14th April, 2021]
*10.	HON. MACHINGAUTA: To ask the Minister of Local Government and Public
	Works to inform the House when the Marimba water tank is going to start pumping
	water to CABS and Ngungunyana areas in Budirio, in the Harare Metropolitan
	Province.

[Deferred from 14th April, 2021]

 

*11. HON. MARKHAM: To ask the Minister of Local Government and Public Works to explain to the House:

1. How the Old Stables Market was closed down by the City Health Department under suspicious circumstances which saw the market only operating for a year despite the fact that it was by far the most sanitary and Covid-19 compliant market in Harare;
2. whether in closing the market, the City Health Department took into account the fact that the market had paid requisite fees and complied with various licenses when approached by the City, an indication of their willingness to comply with legal requirements;
3. whether all other markets in Harare`s northern suburbs are legally compliant; and

 

1. to further clarify whether there have been any audits of all business activities in areas around the Mashonaland Turf Club/City of Harare, particularly those associated with the selling off and mortgaging of land and buildings when, in essence, such land is lease hold property.

 

[Deferred from 14th April, 2021]

 

*12. HON. MARKHAM: To ask the Minister of Local Government and Public Works to inform the House:

1. why stand No. 37, from a deceased estate, in the Pomona Township which was demarcated as a park for residents, recently had some developmental structures set up despite the fact that it was initially leased and later sold in 2019 to a company called Lagrange, amid objections and offers to run and lease the park by residents which were ignored.
2. To confirm whether an audit has been conducted by the City Valuations Office and also whether an asset register has been compiled for the period 2010 to 2021.
3. what measures have been put in place to collect the outstanding debt of $5.5 billion owed to City of Harare for the period ending November 2019 and to further elaborate why this debt has been ignored for so long.
4. Why people who have not paid their bills since the days of Minister Chombo to date, have not been brought to book.
5. Whether the act of writing off the above debt is not an abuse of office, and if so, to state who authorized it and under what statute, and

	[Deferred from 14th April, 2021]
*13.	HON. M.M. MPOFU: To ask the Minister of Local Government and Public Works to
	inform the House the progress made in assembling ZUPCO lockdown kits by local
	bus assembling companies as well as the reintroduction of ZUPCO all-terrain buses
	which ply rural routes. [Deferred from 14th April, 2021]
*14.	HON. MACHINGAUTA: To ask the Minister of Higher and Tertiary Education,
	Science and Technology to inform the House; 1.                  How many Deaf people have attained degree level education in Zimbabwe since independence. 2.                  What measures are in place to capacitate the deaf communities to attain university qualifications.

[Deferred from 14th April, 2021]

 

*15.       HON. KARUMAZONDO: To ask the Minister of Youth, Sports, Arts and Recreation  to

	inform the House when the Ministry will establish a Vocational Training Centre in
	Maramba Pfungwe Constituency. [Deferred from 14th April, 2021]
*16.	HON.  S. K. MGUNI: To ask the Minister of Transport and Infrastructural
	Development to inform the House when the construction of the Bulawayo – Nkayi
	Road will be completed. [Deferred from 14th April, 2021]
*17.	HON. MOKONE: To ask the Minister of Transport and Infrastructural Development  to
	inform the House when the Collen Bawn tollgate in Matabeleland South Province will
	be upgraded. [Deferred from 14th April, 2021]
*18.	HON    S.K.                                   MGUNI: To ask the Minister for Transport and Infrastructural
	Development to inform the House when the Nkayi – Bulawayo Road will be
	completed considering the fact that it has been under construction for more than thirty
	years. [Deferred from 14th April, 2021]
*19.	HON BRIG GEN (RTD) MAYIHLOME: To ask the Minister of Transport and Infrastructural Development to inform the House what strategies the Ministry has  put   in place to mitigate the effects of diverting from the Beitbridge route to the      Kazungula Bridge whose construction will be completed soon. [Deferred from 14th April, 2021]
*20.	HON BRIG GEN (RTD) MAYIHLOME: To ask the Minister of Transport and Infrastructural Development to explain to the House what is delaying the tolling of urban roads and Government investment in urban mass transportation  systems. [Deferred from 14th April, 2021]
*21.	HON BRIG GEN (RTD) MAYIHLOME: To ask the Minister of Transport and
	Infrastructural Development to explain to the House when the Mawabeni- Esibomvu-
	Mbizingwe-Bulawayo road in Umzingwane/Matobo Constituencies will be upgraded
	and surfaced. [Deferred from 14th April, 2021]
*22.	HON.     MOLEKELE:    To    ask    the     Minister    of    Transport    and     Infrastructural
	Development to inform the House when the Bulawayo – Victoria Falls will be
	rehabilitated.

[Deferred from 14th April, 2021]

 

*23.	HON. M. M. MPOFU: To ask the Minister of Mines and Mining Development to
	inform to the House progress made in resolving ownership wrangle of Peace Mine
	due to double certification which has been raging on since 2014 and to explain the
	government policy regarding double certification created by official in the Ministry. [Deferred from 14th April, 2021]
*24.	HON. M. M. MPOFU: To ask the Minister of Mines and Mining Development to
	inform the House who the owner of Malgreen mine in Silobela is and to further
	clarify the measures being made towards empowering the youths by the mine.
*25.	HON. M. M. MPOFU: To ask the Minister of Mines and Mining Development to
	explain to the House

1. what government policy is regarding the setting up of hammer and ball mills in view of the noticeable number of mills which have mushroomed across the country and
2. what the Ministry is doing to curb illegal gold processing.

[Deferred from 14th April, 2021]

 

 

*26.	HON. M. M. MPOFU: To ask the Minister for Mines and Mining Development to
	inform the House on the status of Jena Mine, in the Silobela Constituency, amid
	unsubstantiated rumours doing rounds, that the Mine has been sold to Landela
	Company, sparking fears and despondency that the surrounding communities will not
	get any benefits from this new Company in terms of its corporate social responsibility.    [Deferred from 14th April, 2021]
*27.	HON. TSUURA: To ask the Minister of Mines and Mining Development to explain to
	the House the government policy regarding community share ownership Trusties and
	the indigenization and economic empowerment policy. [Deferred from 14th April, 2021]
*28.	HON. M.M MPOFU: To ask Minister of Justice, Legal and Parliamentary affairs whether there are any deliberate efforts to give more impetus to the wheels of justice especially at the High Court of Zimbabwe concerning the rampant murder cases which  take more than three years or indefinitely to be heard at the High Court. During this  period, murderers will still have the audacity and zeal to commit more similar crimes  still on bail and finally some escape borders to neighboring countries and others die  before their cases are heard and finalized at the High courts. [Deferred from 14th April, 2021]
*29.	HON S.K. MGUNI: To ask the Minister for Justice, Legal and Parliamentary Affairs  to
	inform the House what the Government policy is regarding the construction of
	permanent infrastructure such as Rural District Court Buildings and Prisons in the
	Bubi Constituency in Matebeleland North Province

[Deferred from 14th April, 2021]

 

 

*30.	HON. E. NCUBE: To ask the Minister of Defence and War Veterans Affairs to inform
	the House:
	a) what government policy is on Army recruitments of persons with disabilities who
	have professional qualifications but cannot perform other physical tests such as
	running; and
	b)  ask the House to provide disaggregated data on the number of persons with
	disabilities currently employed in the army province by province, gender and job
	position. [Deferred from 14th April, 2021]
*31.	HON. E. NCUBE: To ask the Minister of Home Affairs and Cultural Heritage to inform
	the House:
	a) government policy on the recruitment of persons with disability into the Police
	Service who have professional qualifications but cannot perform other physical tests
	such as running; and
	b) disaggregated data on the number of persons with disability currently employed in
	the Police Service by province, gender and job position. [Deferred from 14th April, 2021]
*32.	HON. E. NCUBE: To ask the Minister of Public Service, Labour and Social Welfare to:
	a) inform the House the requirements for one to access pension benefits from the
	National Social Security Authority (NSSA) including age; and
	b) explain whether pensioners are required to submit pay slips in order to access their
	benefits considering that NSSA officials constantly demand these documents. [Deferred from 14th April, 2021]
*33.	HON. TSUURA: To ask the Minister of Women affairs, Community and SMEs
	Development to explain to the House the kind of assistance that is given to victims of
	rape who fail to raise bus fares to go and report to the Police. [Deferred from 14th April, 2021]
*34.	HON. JOSIAH SITHOLE: To ask the Minister of Health and Child Care to          inform the
	House why people from Ward 3 in Bikita South Constituency          continue              to
	overcrowd at a make-shift structure at Odzi Clinic while a new standard clinic
	which was constructed and completed long back at the site, using the utilization of
	devolution funds, still lies idle. [Deferred from 14th April, 2021]
*35.	HON    BRIG       GEN (RTD)                             MAYIHLOME: To ask the Minister of Information,
	Technology, Postal and Courier Services to inform the House when Base Stations will
	be installed in the Umzingwane Constituency.

 

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1. HON. MPARIWA

HON. RWODZI

[Days elapsed: 8]

That this House considers and adopts the First Report of the Public Accounts

Committee on the Analysis of ZINARA’s Audited Accounts for the years ending 31 December 2017 and 2018 and the 2017 Forensic Audit Report (S. C. 19, 2020)

 

 

2. HON. PRISCILLA MOYO

HON. SARUWAKA

[Days elapsed: 29]

 

That this House takes note of the report on the 55^th Session of the ACP Parliamentary Assembly and the 38^th Session of the ACP-EU Joint Parliamentary Assembly, held from 14th to 21st November 2019 in Kigali Rwanda.

 

 

 

3. HON. MAPHOSA

HON. HAMAUSWA

[Days elapsed: 11]

 

That this House takes note of the Report of the Portfolio Committee on Higher and Tertiary Education, Innovation, Science and Technology Development on quality assurance in the Higher and Tertiary Institutions in Zimbabwe (S.C. 20, 2020.

 

 

4. HON MATHE

HON V. NHARI

[Day elapsed: 3]

 

That this House takes note of the First Report of the Portfolio Committee on Health and Child Care on the State of Affairs in the Management of Covid -19 Pandemic in Zimbabwe (S.C.16, 2020)

 

 

5. HON. MUSHORIWA

HON. TOFFA

[Days elapsed: 26]

 

That this House,

 

COGNISANT that education is a basic right enshrined in Zimbabwe’s Constitution and that the state has a duty to provide learners with resources and teaching facilities depending on the availability of resources;

 

NOTING, the unprecedented turbulence caused by the Covid 19 pandemic to the country’s public education system;

 

AWARE that the incapacitation of teachers due to poor remuneration and conditions of service has worsened the state of the public education system;

 

CONCERNED that the disturbances in the education sector have further widened the gap between the children of the rich and poor in Zimbabwe as the former access education while the latter do not have the same privileges;

 

SHOCKED that the Executive has not enacted policies to address the plight of teachers thereby threatening the future of millions of learners.

 

NOW THEREFORE, recommends that the Portfolio Committees on Public Service, Labour and Social Welfare; and Primary and Secondary Education jointly conduct:

 

1. an inquiry to determine whether the ideological shift by the Executive                  arm of Government from center left to center right which favors the  rich at the expense of the poor is desirable to Zimbabwe;

 

1. public hearings to assess whether there has been no dereliction of duty by the Ministers of Public Service, Labour and Social Welfare and Primary and Secondary Education in the ongoing deterioration of the public education system in Zimbabwe; and

 

1. an investigation into whether Members of the Executive are not benefitting from the chaos in the public education system by luring students from failed public schools to their personal private colleges and schools which offer Cambridge examinations instead of the Zimbabwe School Examination Council (ZIMSEC).

 

1. To proffer recommendations to this House on measures that need to be taken to address the crises in the public education system in the country.

 

 

6. HON. S. K. MGUNI

HON. MAYIHLOME

 

[Days elapsed: 25]

That this House;

 

MINDFUL, that the Constitution of Zimbabwe provides for the comprehensive human rights and that Parliament must protect this Constitution;

 

ALSO COGNISANT that Section 56 of the Constitution of Zimbabwe provides for equality and non-discrimination to the extent that every  person has a right not to be treated in an unfairly discriminatory  manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief,  political affiliation, opinion, custom, culture, sex, gender, marital  status, age, pregnancy, disability or economic or social status or  whether they were born in or out of the wedlock;

 

DISTURBED that some existing statutes such as the Vagrancy Act [Chapter 10:25] are selective as they specifically target persons with no places to call home; FURTHER DISTURBED that the term vagrant is defined as someone who maintains himself or herself by begging among other definitions;

 

NOW, THEREFORE resolves to;

 

10. Repeal the Vagrancy Act [Chapter 10.25] as it does not safeguard the interests of vulnerable people;
11. Conduct its constitutional mandate of ensuring that all citizens enjoy their basic human rights; and
12. Recommend that all relevant institutions which deal with the underprivileged embark on a massive exercise to promote the rehabilitation of vulnerable people, particularly those without homes.

 

7. HON. CHINGOSHO

HON. MADIWA

[Days elapsed: 16]

 

COGNISANT that the economy in Zimbabwe is largely dominated by the informal sector which deprives the country of the much needed revenue as most businesses in this sector are not registered enterprises;

 

MINDFUL that the informal sector is usually accompanied by unofficial activities which give rise to the parallel black market.

 

CONCERNED that the activities of the informal sector have far reaching consequences to the entire economy in terms of fiscal measures that are aimed at the collection of more revenue in the form of taxes;

 

NOW THEREFORE, Call upon the Executive

1. To encourage the informal sector to contribute to the fiscus by lowering taxes so that such informal businesses can come forward and register instead of operating under the cover of the parallel market.

 

1. To promote small scale businesses in the informal sector and at the same time attract foreign investment through a raft of urgent measures which will in the long term revive the country’s economy.

 

8. HON. MADHUKU

HON. JOSIAH SITHOLE

[Days elapsed: 11] That this House;

 

APPLAUDING the commitment by Government to provide salary increases to civil servants from time to time to mitigate the impact of inflation caused by the vicissitudes of the economic environment;

 

COGNISANT that the resources provided by the Government are always limited and do not meet the expectations of the civil servants and other public officers;

 

RECALLING that in a bid to improve the conditions of service for its workers,

Government has passed resolutions on the need to introduce non-monetary benefits as

a way of augmenting the paltry salaries that civil servants earn to cushion their livelihoods under the prevailing harsh economic conditions;

 

NOW THEREFORE, CALLS upon the Ministry of Finance and Economic

Development and the Public Service Commission to provide non-monetary incentives to all Government workers, the majority of whom have nothing to take home at retirement to show for their illustrious services as civil and public officers;

 

FURTHER RECOMMENDS that non-monetary benefits be given in the form of land    and personal vehicles for those who have been in the civil service for periods in excess of twenty-five years.

 

 

9. HON. MLISWA

HON. MISIHAIRABWI-MUSHONGA

[Day elapsed: 7]

 

That this House:

 

RECOGNISING that Members of Parliament, with the exception of Independent  candidates, are elected to Parliament on a political party ticket

 

ACKNOWLEDGING that every political party is guided by its own ideology, values and    principles which largely influence the manner in which members of the party debate on issues brought before Parliament

 

AWARE that once a Member of Parliament is elected, he or she becomes a representative of every citizen of Zimbabwe in his or her constituency and not just those that voted for the Member

 

CONCERNED that Members of Parliament cannot fulfil this representative role to its letter and spirit due to the strictures imposed by political party ideology which is enforced by the whipping system

 

NOTING that Section 61 of the Constitution of Zimbabwe affords every citizen, including Parliamentarians, the right to freedom of expression and the right to seek, receive and communicate ideas and other information

 

ALSO NOTING that Section 148 (1) of the Constitution provides that Members of

Parliament have freedom of speech in Parliament and in all Parliamentary

Committees and, while they must obey the rules and orders of the House concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to Parliament or any of its committees.

 

COGNISANT, however, that this privilege is invalidated by Section 129 (1) (k) of the

Constitution which gives political parties the unfettered power to recall a Member of Parliament whom, in executing his or her representative function, does not toe the party line

 

DEEPLY CONCERNED that this provision entrenches the whipping system and limits Members of Parliament’s ability to debate freely, earnestly and without fear or favour on issues that affect the people of Zimbabwe where the matters appear to contradict the party line.

 

 

NOW, THEREFORE, calls upon Parliament to: Urgently amend Section 129 (1) (k) of the Constitution of Zimbabwe so that it stays execution of any notice of expulsion of a member until the Constitutional Court has certified that due process was followed.

 

10. HON. MAVENYENGWA

HON. TSVANGIRAYI

[Day elapsed: 2]

 

That this House takes note of the Report of the 2021 Virtual Parliamentary Hearing at the United Nations under the theme “Fighting corruption to restore trust in government and improve development prospects held on the 17^th and 18^th February 2021.

 

11. HON RAIDZA

HON. T. ZHOU

 

[Day elapsed: 2]

 

That this House expresses its profound sorrow on the untimely passing on of the late

Senator for Midlands Province and Minister for Foreign Affairs and International

Trade, Hon. Sen. Sibusiso Busi Moyo, on Wednesday 20th January, 2021; Places on record its appreciation for the services, which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Moyo family, relatives and the entire Midlands Province.

 

12. HON. DR. NYASHANU             HON. DR. KHUPE

 

That the motion on the Report of the Familiarisation Tour of Zimbabwe’s Border

Posts which was superseded by the end of the Second Session be restored on the Order Paper in terms of Standing Order No. 75.

 

13. HON. JOSIAH SITHOLE HON MADHUKU

 

NOTING that Section 75(1) (a) of the Constitution of Zimbabwe states that every citizen and permanent resident of Zimbabwe has a right to a basic state-funded education,

 

WORRIED that children attending composite classes are given less learning time than their counterparts who have fulltime teachers,

 

COGNISANT that primary school learners in Zimbabwe who are taught in composite classes register poor Grade 7 results,

 

DISTURBED that heads in composite class schools are fulltime teachers within the teacher to learner ration,

 

NOW, THEREFORE, calls upon:

1. The Ministry of Primary and Secondary Education to completely remove composite classes from our Education System.
2. The Ministry of Primary and Secondary Education to apply the teacher/class ratio for all small schools as opposed to the teacher/pupil ration.
3. The Ministry of Public Service, Labour and Social Welfare to progressively recruit more teachers to increase the establishment of teachers in schools with composite classes.
4. The Ministry of Finance and Economic Development to increase funding during annual budgets to facilitate provision of infrastructure and learning materials in these schools.

 

14. Adjourned debate on motion on the Report of the 56th and 57th sessions of the ACP Parliamentary Assembly and the session meetings of the ACP-EU Joint Parliamentary Assembly- (Adjourned 15th April, 2021 – Hon Priscilla Moyo).

[Day elapsed: 2]

 

Question proposed: That this House takes note of the Report of the 56th and 57th sessions of the ACP Parliamentary Assembly and the session meetings of the ACPEU Joint Parliamentary Assembly for the October to December sessions- Hon Priscilla Moyo.

 

 

15. Adjourned debate on motion on the untimely passing on of the late Member of Parliament for Mberengwa East, Hon Alum Mpofu – (Adjourned 15th April, 2021 – Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 2]

 

Question proposed: That this House expresses its profound sorrow on the untimely passing on of the late Member of Parliament for Mberengwa South, Hon Alum Mpofu on Sunday 28th March, 2021;

 

Places on record its appreciation for the services which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Mpofu family, relatives and the entire Mberengwa East Constituency-Hon Togarepi.

 

16. Adjourned debate on motion on the untimely passing on of the late Member of Parliament for Murehwa South Constituency and Minister for Transport and Infrastructural Development, Hon Joel Biggie Matiza – (Adjourned 15th April, 2021 – Minister of Justice, Legal and Parliamentary Affairs).

[Day elapsed: 2]

 

Question proposed: That this House expresses its profound sorrow on the untimely passing on of the late Member of Parliament for Murehwa South Constituency and Minister for Transport and Infrastructural Development, Hon Joel Biggie Matiza on Friday 22nd January, 2021;

Places on record its appreciation for the services, which the late Hon. Member rendered to Parliament and the nation at large;

 

Resolves that its profound sympathies be conveyed to the Matiza family, relatives and the entire Murehwa South Constituency– Hon Mavetera.

 

17. Adjourned debate on motion on the Report of the Portfolio Committee Privileges Committee Investigating Cases of Alleged Misconduct by MDC – Alliance Members of Parliament- (Adjourned 24th March, 2021 – The Minister of Justice, legal and Parliamentary Affairs).

[Day elapsed: 5]

 

Question proposed : That this House considers and adopts the Report of the Privileges Committee Investigating Cases of Alleged Misconduct by MDC – Alliance Members of Parliament-Hon Samukange.

 

 

18. Adjourned debate on motion on the Report of the Portfolio Committee on Defence,

Home Affairs and Security Services on the petition to amend Section 6 of the  Constitution of Zimbabwe and include Chikunda as one of the official languages (S.C.  3, 2021)- (Adjourned 23th March, 2021 – Hon Togarepi).

 

 

[Day elapsed: 7]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the petition to amend Section 6 of the Constitution of Zimbabwe and include Chikunda as one of the official languages (S.C. 3, 2021) – Hon Nguluvhe

 

 

19. Adjourned debate on motion on the Report of the Portfolio Committee on Transport and Infrastructural Development on the State of Civil Aviation Authority of

Zimbabwe (CAAZ) Airports Infrastructure (S. C. 6, 2021) – (Adjourned 23rd March,  2021 – Hon Mutambisi)

 

[Day elapsed: 7]

 

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

Committee on Transport and Infrastructural Development on the State of Civil

Aviation Authority of Zimbabwe (CAAZ) Airports Infrastructure (S. C. 6, 2021)-

Hon Gorerino

 

 

20. Adjourned debate on motion on the Report of the Joint Portfolio Committee on Local Government, Public Works and National Housing and the Thematic Committee on Peace and Security on the construction of COVID-19 treatment, quarantine and isolation facilities (S.C.14, 2020-(Adjourned 25th March, 2021 – Hon Chikukwa).

 

 

[Day elapsed: 4] Question proposed: That this House takes note of the Report of the Joint Portfolio

Committee on Local Government, Public Works and National Housing and the Thematic Committee on Peace and Security on the assessment of progress made in areas affected areas affected by floods and on construction of COVID-19 treatment, quarantine and isolation facilities (S.C. 14, 2020)-Hon Chikukwa.

 

 

21. Adjourned debate on motion on the legislative gaps on socio-economic development             issues pertaining to the youths (Restored 17th March, 2021 –  Hon Mavetera).

 

 

[Days elapsed: 12]

Question proposed:  That this House-

 

MINDFUL that young people constitute around seventy percent of the population and must be adequately represented in all the socio-economic spheres as they are the backbone of the country’s economic development;

 

ALSO MINDFUL that Section 20 (b) of the Constitution of Zimbabwe provides that the State and all agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, particularly those aged between fifteen and thirty-five have opportunities to associate and to be represented and participate in political, social and other economic spheres of life;

 

COGNISANT that there are gaps in the legislative framework on issues pertaining to the youths;

 

NOW, THEREFORE, calls upon the responsible Ministry to:

 

1. come up with legislation that allocate at least twenty-five percent of decision

making positions to the youth by the 31st December, 2022;

1. embark on programmes that economically empower the youths by 31st

December, 2022; and

1. ensure that such measures and programmes embarked on are all inclusive,

nonpartisan and reflective of the national character of our country – Hon Mavetera.

 

 

22. Adjourned debate on motion on the Report of the Portfolio Committee on Defence,              Home Affairs and Security Services on immigration service delivery at Border Posts   including during Covid 19 lockdown period (S.C. 8, 2021) (Adjourned 11th March,

              2021 – Hon. Mutambisi)

 

[Days elapsed: 10]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Defence, Home Affairs and Security Services on Immigration Service Delivery at Border Posts including during the Covid 19 lockdown period (S.C. 8, 2021 – Hon Gwanetsa.

 

23. Adjourned debate on motion on statelessness (Adjourned 10th March, 2021 – Hon Mutambisi).

 

[Days elapsed: 11]

 

     Question proposed: That this House;

 

NOTING that all persons have a right to nationality as guaranteed by   Article 15 of the Universal Declaration of Human Rights and other international instruments;

 

CONCERNED that statelessness remains a human rights crisis affecting negatively on individuals and families globally with at least 10 million people estimated to be stateless;

 

RECOGNISING that in October 2013, the UNHCR called for the total commitment of the international community to end statelessness resulting in the Global Action plan to end statelessness in 10 years;

 

ALSO RECOGNISING that Zimbabwe is party to various international and regional human rights instruments including the 1954 convention relating to the status of statelessness persons which it acceded to in 1998;

 

ACKNOWLEDGING THAT Zimbabwe is not a party to the 1961 Convention of the Reduction of Statelessness;

 

AWARE THAT that the Constitution of Zimbabwe Amendment (No. 20) Act 2013 provides a progressive basis for addressing issues of nationality and statelessness by, among others, providing for the possibility of dual citizenship, especially with respect to persons of the Southern African Development Community (SADC) heritage.

 

NOW, THEREFORE, resolves to recommend:

 

(a)That the Ministries of Justice Legal and Parliamentary Affairs,

Home Affairs and Cultural Heritage and Foreign Affairs work hand in glove to conclude the necessary processes to domesticate the conventions which Zimbabwe is party to with regard to statelessness;

 

(b)That the Executive immediately takes steps to accede to and  domesticate the 1961 Convention on Reduction of Statelessness, the 1990 Convention on the Protection of the Rights of all migrant  workers and Members of their families and the 1957 Convention  on the Nationality for all and ending statelessness by 2024;

 

c)That the Executive champions the eradication of statelessness  within the SADC region during Zimbabwe’s chairpersonship of the SADC organ on Politics Defence and Security by supporting and advocating for the adoption of the SADC Joint Action Plan; and

 

(d)That the Ministry of Home Affairs and Cultural Heritage urgently aligns the  Citizenship Act [Chapter 4:01], Births and Deaths Registration Act [Chapter 5:02] and the Immigration Act [Chapter 4:02] with the Constitution in order to effectively address issues of Statelessness in order to contribute to ending Statelessness by 2024 – Hon Mayihlome

 

 

24. Adjourned debate on motion on the Report of the Privileges Committee on allegations of soliciting for a bribe against four Hon Members (Restored 10th March, 2021 – Hon. Togarepi)

 

[Days elapsed: 12]

 

 Question proposed: That this House takes note of the Report of the Privileges

Committee on allegations of soliciting for a bribe raised against Hon. Mliswa, Hon. Chikomba, Hon. Ndebele and Hon. P. D. Sibanda- Hon. Chief Charumbira. 

 

 

25. Adjourned debate on motion on the First Report of the 47^th Plenary Assembly Session of the SADC- Parliamentary Forum (Adjourned 9th March, 2021– Hon Mutambisi)

 

[Days elapsed: 11]

 

Question proposed:  That this House takes note of the Report of the 47^th Plenary Assembly Session of the SADC- Parliamentary Forum, held virtually on 9^th to 11^th October 2020 in Windhoek, Namibia- Hon Ndiweni.

 

 

26. Adjourned debate on motion on the Report of the Portfolio Committee on Youth,

Sports, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the State of Vocational Training Centres, the Empower Bank and Sporting facilities in Zimbabwe (Adjourned 9th March, 2021) – Hon Tongofa

 

[Days elapsed: 12]

 

Question proposed:  That this House takes note of the Report of the Portfolio Committee on Youth, Sports, Arts and Recreation and the Thematic Committee on Indigenisation and Empowerment on the State of Vocational Training Centres, the Empower Bank and Sporting facilities in Zimbabwe (S.C. 5, 2021) – Hon Tongofa

 

 

27. Adjourned debate on motion on the First Report of the Portfolio Committee on Energy and Power Development (Adjourned 4th March, 2021– Hon Togarepi)

 

[Days elapsed: 13]

 

Question proposed:  That this House takes note of the First Report of the Portfolio Committee on Energy and Power Development on the State of Independent Power Production in Zimbabwe (S.C. 17, 2020)- Hon Gabbuza.

 

 

28. Adjourned debate on motion on the Report of the Portfolio Committee on Environment, Climate and Tourism on Steel Brands (PVT) LTD (Adjourned 3rd  March, 2021– Hon Togarepi)

[Days elapsed: 14]

 

Questions proposed: That this House takes note of the Portfolio Committee on Environment, Climate and Tourism on the alleged emissions of pollutants by Steel Brands (PVT) LTD (S.C. 1, 2021)- Hon Musarurwa.

 

 

29. Adjourned debate on motion on the Report of the Portfolio Committee on Mines and Mining Development on the Petition by Zimbabwe Environmental Law Association (ZELA) (Adjourned 18th February, 2021–The Minister of Finance and Economic Development)

[Days elapsed: 17]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Mines and Mining Development on the Public Hearings on the Petition submitted by the Zimbabwe Environmental Law Association (ZELA) Hon Mukaratigwa.

 

 

30. Adjourned debate on motion on the opening of schools in light of the Covid 19 pandemic (Adjourned 24th November, 2020 – Misiharabwi-Mushonga)

 

                                                                                    [Days elapsed: 33]

 

Question proposed: That this House takes note of the Second Report of the Portfolio Committee on Primary and Secondary Education on the opening of schools in light of the Covid 19 pandemic (S.C. 13, 2020)– Hon Misihairabwi – Mushonga.

 

31. Adjourned debate on the motion of the Report of the Portfolio Committee on

Primary and Secondary Education on the fields visits conducted to selected schools to                    check compliance with COVID-19 regulations and the state of preparedness for

November 2020 examinations in light of the COVID-19 pandemic – Adjourned 25th February, 2021– Hon Misihairabwi-Mushonga)

 

[Days elapsed: 20]

                                                           

Question proposed: That this House takes note of the Report of the Portfolio Committee on Primary and Secondary Education on the fields visits conducted to selected schools to check compliance with COVID-19 regulations and the state of preparedness for November 2020 examinations in light of the COVID-19 pandemic- Hon Misihairabwi-Mushonga.

 

 

32. Adjourned debate on motion on Zimbabwe’s image and national reputation– (Adjourned 2nd March, 2021 – Hon Togarepi).

 

[Days elapsed: 15]

 

Question proposed: That this House:

 

COGNISANT that Zimbabwe’s image and national reputation are critical factors in attracting foreign investment;

 

CONCERNED that the negative portrayal of the country’s image and reputation have an adverse and crippling impact on the country’s economic prospects especially on tourism, investment, and the welfare of the vulnerable such as youths, women and the disabled;

 

ENCOURAGED that other jurisdictions, recognising the need to preserve their image and soft power in a competitive global village have enacted laws that bar their citizens from engaging in unpatriotic activities and communication intended to denigrate the integrity of their homeland;

 

BUOYED by the fact that the overwhelming majority of Zimbabweans are focused on building the positive image of the country as a reforming, open, peaceful, and democratic country that is attractive to investment;

 

NOW THEREFORE, call upon this August House to enact a law that:

1. recognises and celebrates efforts made by Zimbabwean citizens at home and abroad to promote the country’s positive image and brand; and
2. prohibits any Zimbabwean citizen from willfully communicating messages intended to harm the image and reputation of the country on international platforms or engaging with foreign countries with the intention of communicating messages intended to harm the country’s positive image, and or to undermine its integrity and reputation – Hon A. Mpofu

 

         

33. COMMITTEE: Forest Amendment Bill (H.B. 19, 2019)– The Minister of Environment, Climate, Tourism and Hospitality Industry)

 

(See Notice of Amendments)

 

                       

34. COMMITTEE: Cyber Security and Data Protection Bill (H.B. 18, 2019)

The Minister of Information and Communication Technology, Postal and Courier

Services.

                                                                                                          

(See Notice of Amendments)

 

 

35. SECOND READING: Pensions and Provident Funds Bill (H.B. 17, 2019) – The Minister of Finance and Economic Development.  

             

36. Adjourned debate on motion on the SECOND READING of the Centre for Education, Innovation, Research and Development Bill (H.B. 1, 2020) (Adjourned 17th February, 2021– The Minister of Home Affairs and Cultural Heritage)

                         

                         

Question proposed: That the Centre for Education, Innovation, Research and Development Bill (H.B. 1, 2020) be now read a second time – The Minister of Higher and Tertiary Education, Innovation, Science and Technology Development.

 

37. THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

                                                  

[Days elapsed: 34]

 

That this House takes note of the Report of the National Prosecuting Authority of Zimbabwe for the year 2019, presented to this House of Parliament in terms of section 262 of the Constitution of Zimbabwe.

 

38. Adjourned debate on motion on the Reports of the Zimbabwe Human Rights Commission for the years 2018 and 2019 (Adjourned 16th April, 2021 – The Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed: 2]

 

Question proposed:  That this House takes note of the Reports of the Zimbabwe Human Rights Commission for the years 2018 and 2019 presented to this House of Parliament in terms of section 323 (1) of the Constitution of Zimbabwe – The Minister of Justice, Legal and Parliamentary Affairs.

 

 

39. Adjourned debate on motion on the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe (Adjourned 16th April,  2021 – The Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed: 2]

 

Question proposed:  That this House takes note of the Zimbabwe Human Rights Commission Report on National Inquiry on Access to Documentation in Zimbabwe, presented to this House of Parliament in terms of section 244 (2) of the Constitution of Zimbabwe – The Minister of Justice, Legal and Parliamentary Affairs.

 

 

40. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 23rd March, 2021 – T. Moyo).

 

[Days elapsed: 41]

 

Question proposed:  That a respectful address be presented to the President of Zimbabwe as follows: –

 

May it please you, your Excellency the President:

 

We, the Members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon Togarepi.

 

 

41. COMMITTEE OF SUPPLY

 

 

WEDNESDAY, 21ST APRIL, 2021

 

 

            

 

 

NOTICE OF AMENDMENTS

 

Cyber Security and Data Protection Bill, (H B 18, 2019)

 

AMENDMENT OF CLAUSE 1 (SHORT TITLE)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 3 of the Bill, in line 17 delete the words “Cyber Security and”.

 

AMENDMENT OF CLAUSE 3 (INTERPRETATION)

 

BY HON. GANDAWA

 

Clause 3 of the Bill is amended on page 4—

• in line 9 by the deletion of the “resources” and the substitution of “processes”;
• in lines 23 and 24 by the deletion of the definition for “data controller or controller” and the substitution of—

““data controller or controller”—

(a)refers to any natural person or legal person who is licensable by the Authority;        (b)includes public bodies and any other person who determines the purpose and             means of processing data;”.

 

AMENDMENT OF CLAUSE 4 (APPLICATION)

 

BY HON. GANDAWA

 

Clause 4 of the Bill is amended on page 6 in lines 13, 17, 19 and 21 by the insertion of

“and        storage” after the word “processing”.

 

SUBSTITUTION OF CLAUSE 13 (SENSITIVE INFORMATION) BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 9 of the Bill, in line 16 delete clause 13 and substitute with ––

 

“13Sensitive information

• No data controller shall process sensitive data unless the data subject has given consent in writing for such processing;
• the consent to the processing of data may be withdrawn by the data subject at any time and without any explanation and free of charge;
• the Authority shall determine the circumstances in which the prohibition to process the data referred to in this subsection (1) cannot be lifted even with the data subject’s consent “taking into account the factors surrounding the prohibition and the reasons for collecting the data”.
• The Minister responsible for the Cyber security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to sensitive information affecting National security or the interests of the State.
• The provisions of subsection (1) shall not apply where—
• the processing is necessary to carry out the obligations and specific rights of the controller in the field of employment law; or
• the processing is necessary to protect the vital interests of the data subject or of another person, where the data subject is physically or legally incapable of giving his or her consent or is not represented by his or her legal, judicial or agreed representative; or

 

• the processing is carried out in the course of its legitimate activities by a foundation, association or any other non-profit organisation with a political, philosophical, religious, health-insurance or trade-union purpose and on condition that the processing relates solely to the members of the organisation or to persons who have regular contact with it in connection with such purposes and that the data is not disclosed to a third party without the data subjects’ consent; or
• the processing is necessary to comply with national security laws; or
• the processing is necessary, with appropriate guarantees, for the establishment, exercise or defence of legal claims; or
• the processing relates to data which has been made public by the data subject; or
• the processing is necessary for the purposes of scientific research:

Provided the Authority shall be entitled to specify the conditions under which such processing may be carried out; or

• the processing of data is authorised by a law or any regulation for any other reason constituting substantial public interest.

(6) Without prejudice to the application of sections 5 to 8, the processing of data relating to sex life is authorised if—

• it is carried out by an association with a legal personality or by an organisation of public interest whose main objective, according to its Memorandum and Articles of Association, is the evaluation, guidance or treatment of persons of such sexual conduct, and who is recognised by a competent public body as being responsible for the welfare of such persons;
• the objective of the processing of the data consist of the evaluation, guidance and treatment of the persons referred to in this section, and the processing of data relates only to the aforementioned persons:

Provided that the competent public body referred to in paragraph (a) grants a specific, individualised authorisation, having received the opinion of the Authority.

 

(7) The authorisation referred to in this section shall specify the duration of the authorisation, the conditions for supervision of the authorised association or organisation by the competent public body, and the way in which the processing must be reported to the

Authority.”

 

INSERTION OF NEW CLAUSES 15 AND 16

 

BY HON. GANDAWA

 

The bill is amended on page 11 in line 22 by the insertion of the following new clauses        and the subsequent clauses shall be accordingly renumbered—

      “15 Duties of Data Controllers

Every data controller or data processor shall ensure that personal information is—

• processed in accordance with the right to privacy of the data subject;
• processed lawfully, fairly and in a transparent manner in relation to any data subject;
• collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
• adequate, relevant, limited to what is necessary in relation to the purposes for which it is

processed;

• collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
• accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay; and
• kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected.

 

       16  Rights of Data Subject

 

A data subject has a right to—

• be informed of the use to which their personal information is to be put;
• access their personal information in custody of data controller or data processor;
• object to the processing of all or part of their personal information; (d) correction of false or misleading personal information; and

(e) deletion of false or misleading data about them.”.

 

AMENDMENT OF CLAUSE 19 (SECURITY BREACH  NOTIFICATION)

 

BY HON. GANDAWA

 

Clause 19 of the Bill is amended on page 13 in line 17 by the deletion of “without an       undue delay” and the substitution of “within twenty-four (24) hours”.

 

AMENDMENT OF CLAUSE 20 (OBLIGATION OF NOTIFICATION  TO AUTHORITY)

 

BY HON. GANDAWA

 

 

Clause 20 of the Bill is amended on page 13 in line 39 by the deletion of sub-clause (6) and       the substitution of the following—

“(6)   The Authority shall provide guidelines that provide for the qualifications and              functions of  a data protection officer and such data protection officer’s duties shall                     include—

• ensuring compliance by the data controller with the provisions of this Act and regulations made thereunder;
• dealing with requests made to the data controller pursuant to this Act;
• working with the Authority in relation to the performance of its functions in

relation to the data controller.”.

 

 

AMENDMENT OF CLAUSE 28 (TRANSFER OF PERSONAL INFORMATION OUTSIDE ZIMBABWE)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 16 of the Bill in line 13, insert a new sub-clause (4) as follows—

“(4) The Minister responsible for the Cyber security and Monitoring Centre in consultation with the Minister, may give directions on how to implement this section with respect to transfer of personal information outside of Zimbabwe.”

AMENDMENT OF CLAUSE 33 (OFFENCES AND PENALTIES)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 18 of the Bill in line 5, insert after “11” the number “13”

AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII OF CAP.9:23)

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 21 of the Bill, in line 9 insert a new sub paragraph after sub paragraph (d) as follows—

“(e) in an aggravating circumstance certified by the Cyber Security and Monitoring Centre to be a breach of state security to a fine not exceeding level 14 or to imprisonment for a period not exceeding

10 years or to both such fine and such imprisonment.”

On page 27 of the Bill, in line 6 delete clauses 165B to 166D.

 

 

AMENDMENT OF CLAUSE 35 (AMENDMENT OF CHAPTER VIII of  Cap 9:23)

 

BY HON. GANDAWA

 

Clause 35 of the Bill is amended—

• on page 24 in line 44 by the insertion of “(3) Any person who up skirts and records nude images or videos of a citizen or resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment”;
• on page 26 in lines 3-10 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic  medium  accessible by any person, with the intent to coerce, intimidate,   harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”;

and the substitution of—

“(1)Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:

Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.

 

• on page 26 in lines 34-39 by the deletion of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment”.

 

and the substitution of—

“Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

 

• on page 27 by the insertion of the following after line 22—

“164F. Recording of genitalia and buttocks beneath closing without consent

• Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
• Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1).”;

• on page 27 in lines 25-38 by the deletion of the text headed “Child Pornography” and the substitution of the following—

 

“165 Child sexual abuse material

(1)  In this Act—

“Child sexual abuse material” means any                      representation through publication, exhibition,                cinematography, electronic means or any other                 means whatsoever, of a child, a person made to

appear as a child or realistic material                 representing a child, engaged in real or                  simulated explicit sexual activity, or any                 representation of the sexual parts of a child for                 primarily sexual purposes.

(2)Any person who unlawfully and intentionally, through a computer or information system—

• produces child sexual abuse material;
• offers or makes available child sexual abuse material;
• distributes or transmits child sexual abuse material;
• procures or obtains child sexual abuse material for oneself or for another person;
• possesses child sexual abuse material on a computer system or a computer-data storage medium;
• knowingly obtains, accesses or procures child sexual abuse material;
• baits a child into the production or distribution of child sexual abuse material

shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.

(3)  Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment.”.

 

(f) on page 31 by the insertion of the following paragraph after line 37—

“(f) against citizens or permanent residents of Zimbabwe.”

 

 

INSERTION OF NEW CLAUSE 36 (AMENDMENT OF CAP.9:07)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY, POSTAL AND COURIER SERVICES

On page 27 of the Bill, in line 6 insert a new clause as follows—

“ 36 Insertion of New Part in Cap.9:07

The Criminal Procedure and Evidence Act [Chapter 9:07] is amended by the insertion of after Part XX of the following Part—

“PART XXA

PROVISIONS RELATING TO CYBER CRIME

“379ASearch and seizure

• In this section “seize” includes—
  • taking possession of or securing a computer;
  • securing a computer system or part thereof or a computer-data storage medium;
  • taking a printout or output of computer data;
  • making and retaining a copy of computer data, including through the use of use of onsite equipment;
  • activating any onsite computer system or computer data storage media;
  • maintaining the integrity of any stored relevant computer data;
  • rendering inaccessible or removing computer data in the accessed computer system.
• A magistrate may, on an application by a police officer in the prescribed form, that specified computer data or a printout or other information is reasonably required for the purpose of a criminal investigation or criminal proceedings, order that—
• a person in Zimbabwe in control of the relevant computer system produce from the system specified computer data or a printout or other intelligible output of that data; or
• an electronic communications service provider in Zimbabwe produce information about persons who subscribe to or otherwise use the service.
• An application referred to in subsection (1) shall be supported by an affidavit in which the police officer shall set out the offence being investigated, the computer system in which it is suspected to be stored, the reasonable grounds upon which the belief is based, the measures that will be taken in pursuance of the investigation and the period over which those measures will the taken.
• A police officer granted a warrant in terms of this section may—
• if there are reasonable grounds to believe that computer data concerned is susceptible to loss, alteration, deletion, impairment or modification, by written notice given to a person in control of the computer data, require the person in control of the data to ensure that the data specified in the notice is preserved for a period not exceeding seven days as may be specified in the notice which period may be extended, on an application to a magistrate, for such period as the magistrate may grant;
• by written notice to a person in control of the computer system or information system concerned, require the person in control thereof to disclose relevant traffic data concerning specified communications in order to identify—
  • the service providers; or
  • (ii) the path through which the communication was transmitted.

(5) Any person who does not comply with the order given in terms of this section shall be guilty of an offence and liable to a fine.

 

379B Expedited preservation

(1) A magistrate may, on an application by a police officer in the prescribed form, that there are reasonable grounds to suspect or believe that traffic data associated with a specified communication is required for the purposes of a criminal investigation—

• order any person in control of such data to—
  • collect, record or preserve the traffic data associated with a specified communication during a specified period; or
  • permit and assist a specified police officer to collect or record that data.
• authorise the police officer to collect or record traffic data associated with a specified communication during a specified period through the use of any appropriate technological means.

(2) Section 33(3) of the Data Protection Act [Chapter 11:22] shall apply mutatis mutandis to an application in terms of this section.

379C Obligations and immunity of service providers

(1) An electronic communications network or access service provider shall not be criminally liable for providing access or transmitting information through its system if such service provider has not—

• initiated the transmission; or
• selected the receiver of the transmission; or
• (c)selected or modified the information contained in the
• The provision of access or the transmission referred to in subsection (1) shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and the information is not stored for any period longer than is reasonably necessary for the transmission.
• A hosting provider shall not be criminally liable for the information stored at the request of a user of the service if the hosting provider—
• promptly removes or disables access to the information after receiving an order from any court of law to remove specific stored illegal information; or
• (b) in any other manner, obtains knowledge or becomes aware of any illegal information stored, promptly informs the appropriate authority to enable it to evaluate the nature of the information and if necessary, issue an order for its removal.
• Subsection (3) shall not apply where the user of the service is acting under the authority or the control of the hosting provider.
• Where the hosting provider removes the content after receiving an order pursuant to sub-section (3), no liability shall arise from the contractual obligations with the user with regard to the availability of the
• A hosting provider who fails to remove or disable access to information in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
• A caching provider shall not be criminally liable for the automatic, intermediate or temporary storage of information where the caching was performed for the sole purpose of making the onward transmission of the information to other users of the service upon their request more efficient if the caching provider—
• does not modify the information;
• complies with conditions of access to the information;
• complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
• (d)does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
• (e)acts promptly to remove or to disable access to the information it has stored upon obtaining knowledge that the information has been removed from the network at the initial source of the transmission, or that access to it has been disabled, or that a court or an appropriate public authority has ordered such removal or disablement.
• A caching provider who contravenes the conditions set out in subsection (7) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
• An internet service provider who enables access to information provided by a third person by providing an electronic hyperlink shall not be criminally liable with respect to the information if the internet service provider—
• promptly removes or disables access to the information after receiving an order from an appropriate public authority or court to remove the link; or
• (b)through other means, obtains knowledge or becomes aware of stored specific illegal information promptly informs the appropriate authority to enable it to evaluate the nature of the information and if necessary issue an order for its removal.
• An internet service provider who fails to promptly remove or disable access to information in terms of subsection (9) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.
• Any service provider who knowingly enables access to, stores, transmits or provides an electronic hyperlink to, any information with knowledge of the unlawfulness of the content of any such information shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment not exceeding a period of ten years or to both such fine and such imprisonment.

 

379D Jurisdiction

(1) A court in Zimbabwe shall have jurisdiction to try any offence under this Act where the offence was committed wholly or in part—

• within Zimbabwe or by any person in or outside Zimbabwe using a computer or information system or device, software or data located in Zimbabwe; or
• on a ship or aircraft registered in Zimbabwe; or
• by a national or permanent resident of Zimbabwe or a person carrying on business in Zimbabwe, whether or notthe offence is committed in Zimbabwe; or
• by a national or permanent resident of Zimbabwe or  a person carrying on business in Zimbabwe and the offence is committed outside Zimbabwe, if the person’s conduct also constitutes an offence under the law of the country where the offence was committed and harmful effects were caused in Zimbabwe; or
• by any person, regardless of the location, nationality or citizenship of the person—

(i) using a computer or information system or device, software, or data located within Zimbabwe; or directed against a computer or information system or  (ii) device, software or data located in Zimbabwe.

 

379E Admissibility of electronic evidence

• In any criminal proceedings for an offence in terms of this Act, evidence generated from a computer system or by means of information and communications technologies or electronic communications systems shall be admissible in court.
• In assessing the admissibility or evidential weight of the evidence, regard shall be given to—
• the reliability of the manner in which the evidence was generated, stored or communicated
• the integrity of the manner in which the evidence was maintained;
• the manner in which the originator or recipient of the evidence was identified; and (d) any other relevant factors.
• The authentication of electronically generated documents shall be as prescribed in rules of evidence regulating the integrity and correctness of any other documents presented as evidence in a court of law.
• This section shall apply in addition to and not in substitution of any other law in terms of which evidence generated by computer systems or information and communications technologies or electronic communications systems or devices may be admissible in evidence.

 

379F Forfeiture

A court convicting any person of an offence under this Act may order the forfeiture to the State of—

• any money, asset or property constituting or traceable to the gross proceeds of such offence; and
• any computer or information system, software or other devices used or intended to be used to commit or to facilitate the commission of such offence.”

 

INSERTION OF NEW CLAUSE 37 (AMENDMENT OF CAP.11:22)

 

BY THE MINISTER OF INFORMATION COMMUNICATION TECHNOLOGY,

POSTAL AND COURIER SERVICES

On page 31 of the Bill, insert after clause 36 a new clause as follows—

“37 Amendment of Cap.11:22

• The Interception of Communications Act [Chapter 11:20] (hereinafter called the “principal Act”) is amended in section 2 —

(a)by the repeal of the definition of “monitoring centre” and substitution of—

““cyber security and monitoring centre” means the Cyber Security and Monitoring of Interception of Communications Centre being unit central monitoring apparatus designated to be the monitoring facility through which all the intercepted communications and call-related information of a particular interception target are forwarded to an authorised person;”

• The principal Act is amended in by the repeal of section 4 and the following is substituted—

 

“4 Cyber Security and Monitoring of Interceptions of Communications Centre

(1) There shall be established a unit in the Office of the President, which shall be called the Cyber Security and Monitoring of Interception of Communications Centre.

• The cyber security and monitoring centre shall be advised by a committee which shall give advice to the director of the centre on whether or not a warrant should be issued.

The cyber security and monitoring centre shall be manned, controlled and operated by technical experts designated by the agency.

• The cyber security and monitoring centre shall give technical advice to—

(a) authorised persons; and (b) service providers; on cyber security and the interception of communications in terms of this Act.

(3) The principal Act is amended by the insertion after section 4 of the following sections—

 

“ 4A Functions of Cyber Security and Monitoring of Interceptions of Communications

Centre

The functions of the Cyber Security and Monitoring Centre shall be to— (a) be the sole facility through which authorised interceptions shall be effected;

• advise Government and implement Government policy on cybercrime and cyber security;
• identify areas for intervention to prevent cybercrime;
• coordinate cyber security and establish a national contact point available daily around-theclock;
• establish and operate a protection-assured whistle-blower system that will enable members of the public to confidentially report to the Committee cases of alleged cybercrime;
• promote and coordinate activities focused on improving cyber security and preventing cybercrime by all interested parties in the public and private sectors;
• provide guidelines to public and private sector interested parties on matters relating to awareness, training, enhancement, investigation, prosecution and combating cybercrime and managing cyber security threats;
• oversee the enforcement of the Act to ensure that it is enforced reasonably and with due regard to fundamental human rights and freedoms;
• provide technical and policy advice to the Minister;
• advise the Minister on the establishment and development of a comprehensive legal framework governing cyber security matters.

 

4B Establishment of Cybersecurity Committee

• There is hereby established a committee to be known as the Cybersecurity Committee which will shall be an ad hoc advisory body to the Minister.
• The Cyber Security Committee shall consist of eleven members appointed by the Minister for their knowledge in computer and telecommunications, law and policy and skills in respect of any aspect dealt with in this Act as follows—

(a) one representative nominated by each of the following—

• the Postal and Telecommunications Regulatory Authority of Zimbabwe;
• the ministry responsible for information and communications technologies;
• the ministry responsible for science and technology;
• the ministry responsible for justice;
• the Zimbabwe Republic Police;
• the National Prosecution Authority;
• the ministry responsible for defence;
• the Central Intelligence Organisation;
• the Prisons and Correctional Service;
• one representative from the cyber security and monitoring centre;
• any representative from any sector of the economy or any other person who may be necessary to the deliberations in respect of a particular warrant, appointed on an ad hoc basis.
• From among the appointed members, the Minister shall appoint the Chairperson of the Cybersecurity Committee.
• The Committee shall, at its first meeting, elect a Vice-Chairperson of the Board from among its members:

Provided that the Chairperson and the Vice Chairperson shall be of different genders.

• The provisions of the Schedule apply to the Cybersecurity Committee.
• The Cyber Security Committee may, with the approval of the Minister, issue such guidelines as may be necessary for the carrying out of the provisions of this Act as it relates to its functions under this Act.”

 

• The principal Act is amended in section 5 by the insertion after subsection 3 of the following subsection—

 

“(4) The Minister, upon receiving an application for a warrant in terms of this section, shall refer the application to the Cyber security committee, who shall advise the Minister on whether or not any of the reasonable grounds to issue a warrant referred to in section 6 are present:

Provided that Minister may issue a provisional warrant if in his or her opinion any of the reasonable grounds referred to in section 6 are present.

• The Minister may withdraw a warrant issued provisionally upon the advice of the Committee that no reasonable grounds to issue to the warrant existed, without prejudice to anything that may be done by virtue of the warrant issued by the Minister between the time he or she issued it provisionally and the time it was referred to the committee and withdrawn.”

 

(5) The principal Act is amended by the insertion of the following Schedule —

 

“SCHEDULE (4B (6))

PROVISIONS APPLICABLE TO CYBERSECURITY COMMITTEE

Terms and conditions of office of members

1. (1) Subject to this Schedule, a member shall hold office for such period, not exceeding five years, as the Minister may fix on his or her appointment.

• Subject to paragraph 8, a member shall hold office on such conditions as the Minister may fix in relation to members generally.
• A retiring member shall be eligible for re-appointment as a member.

Disqualification for appointment as member

2. (1) The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member if he or she—

• is married to a person who is engaged in any activity connected with any business, if in the opinion of the Minister such financial interest or activity is likely to interfere with the impartial discharge by that person of his or her duties as a member; or
• has, in terms of a law in force in any country—
  • been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
  • made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside;or
• has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted—
• in Zimbabwe, of an offence; or
• outside Zimbabwe, in respect of conduct which if committed in Zimbabwe would constitute an offence; and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.

(2) A person who is— (a) a member of Parliament; or

(b) a member of two or more other statutory bodies; shall not be appointed as a member, nor shall he or she be qualified to hold office as a member.

(3) For the purpose of subparagraph (2)(b)—

• a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body, shall be regarded as a member of that statutory body;
• “statutory body” means—
• any Commission established by the Constitution; or
• any body corporate established-directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, Vice

President, a Minister or a statutory body or by a Commission established by the Constitution Vacation of office by member

3. A member shall vacate his or her office and the member’s office shall become vacant—

• one month after the date upon which he or she gives notice in writing to the Minister of his or her intention to resign or on the expiry of such other period of notice as the member and the Minister may agree; or
• on the date he or she begins to serve a sentence of imprisonment imposed in Zimbabwe without the option of a fine—
• in Zimbabwe, in respect of an offence; or
• outside Zimbabwe, in respect of conduct which if committed in Zimbabwe, would constitute an offence; or

(c) if he or she becomes disqualified in terms of paragraph 2(1)(a), (b) or (c) to hold office as a member; or (d) if he or she is required in terms of paragraph 4 to vacate his or her office. Dismissal or suspension of members

4. (1) The Minister may require a member to vacate his or her office if the member—
   • has been guilty of any conduct that renders him or her unsuitable as a member; or
   • has failed to comply with the conditions of his or her office fixed by the Minister in terms of paragraph 1(2); or
   • is mentally or physically incapable of efficiently carrying out his or her functions as a member.
   • The Minister, on the recommendation of the Board, may require a member to vacate his or her office if the member has been absent without the permission of the Board from two consecutive meetings of the Board of which he or she was given at least seven days’ notice and there was no just cause for the member’s absence.
   • The Minister may suspend a member—
   • whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (1)(a); or
   • against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed; and while that member is so suspended he or she shall not carry out any functions as a member.

Filling of vacancies in Board

5. On the death of or the vacation of office by a member the Minister shall appoint a person to fill the vacancy.

Meetings and procedure of Board

6. (1) The Cybersecurity Committee shall hold its meetings on an ad hoc basis on such date and at such place as the Minister may fix.

• The chairperson or, in his or her absence, the vice-chairperson shall preside at all meetings of the Committee:

Provided that, if the chairperson and the vice-chairperson are absent from a meeting of the Committee, the members present may elect one of their number to preside at that meeting as chairperson.

• Five members shall form a quorum at any meeting of the Committee.
• All acts, matters or things authorised or required to be done by the Committee may be decided by a majority vote at a meeting of the Committee at which a quorum is present.

(8) Subject to subparagraph (9), at all meetings of the Committee each member present shall have one vote on each question before the Committee and, in the event of an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.

Validity of decisions and acts of Board

7. No decision or act of the Committee or act done under the authority of the Committee shall be invalid by reason only of the fact that a disqualified person acted as a member of the Committee at the time the decision was taken or act was done or authorised.

Minutes of proceedings of Board and committees

8. (1) The Committee shall cause minutes of all proceedings of and decisions taken at every meeting of the

Committee to be entered in books kept for the purpose in a confidential manner.”

 

 

 

  

NOTICE OF AMENDMENTS

 

Forest (Amendment) Bill, (H B 16, 2019)

INSERTION OF NEW CLAUSE 1A

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 5 of the Bill, by the insertion after clause 1 of the following clause—

Amendment of Section 2 of Cap. 19:05

Section 2 (“Interpretation”) of the principal Act is amended—

• by the deletion of “Chief Executive” and substitution with, “Director-General”.
• by the insertion after the definition of “protected private forest” of the following—

“Provincial-Head” means a Forest Officer in charge of a particular province.”

INSERTION OF NEW CLAUSE 1B

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 5 of the Bill, by the insertion after the new clause 1A of the following clause—

New section substituted for section 3 of Cap. 19:05

Section 3 (“Minister may appoint Forest Officers”) of the principal Act is amended by the repeal of section 3 and substitution of the following— “Director-General may appoint Forest Officers

The Director-General may appoint any person in the employment of the Commission as a Forest Officer for the purpose of this Act.”

AMENDMENT OF CLAUSE 2

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 5 of the Bill, by the deletion of clause 2 and the substitution of the following—

Amendment of section 5 of Cap. 19:05

Section 5 (“Constitution of Commission and terms of Office of commissioners”) of the principal

Act is amended by the insertion of the following—

(a) after subsection 1—

“(1a) The Minister shall appoint members of the Commission as follows—

• a chairperson;
• a deputy chairperson who shall be of the opposite gender to the chairperson;
• a person holding a recognised qualification or demonstrable knowledge in forestry; (d) persons recognised for their qualification, ability or experience in the following—
  • environmental planning and management;
  • finance;
  • business and administration;
  • ecology;
• a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07] and
• a representative from the Ministry responsible for environment.

(b) In subsection (2) by the deletion of “three years” and substitution of “four years”. (c) after subsection (7)—

“(8) In appointing commissioners, the Minister shall endeavour to ensure that at least half of the membership so appointed comprises of women.”

INSERTION OF NEW CLAUSE 3A

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the insertion after clause 3 of the following clauses—

 Amendment of Section 17 of Cap 19:05 

Section 17 (1) (“Lease of Demarcated Forests’) of the Principal Act is amended by—

• the repeal of subsection (1) and the substitution of the following—

“(1) The Commission may lease any portion of a demarcated forest with the approval of the

Minister.”

• Subsection (2) is repealed.

INSERTION OF NEW CLAUSE 3B

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the insertion after the new clause 3A of the following clauses—

Amendment of Section 21 of Cap 19:05

Section 21 (“Funds of the Commission”) of the Principal Act is repealed and substituted with the following—

“21. The Funds of the Commission

The Funds of the Commission shall consist of—

• any money that may be payable to the Commission from moneys appropriated for the purpose by Act of parliament; and
• any loans, donations and grants made to the Commission by any person or Agency or by any Government of any country; and
• any fees or charges in respect of any service rendered by the Commission or received by the Commission in terms of this Act; and
• any other moneys that may accrue to the Commission, within the course of its operations or otherwise.”

INSERTION OF NEW CLAUSE 3C

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the insertion after the new clause 3B of the following clauses—

Amendment of Section 25 of Cap 19:05

Section 25 (“Accounts & Audit”) of the principal Act is amended in section 25(3) (a) by the deletion of “the Comptroller and”.

INSERTION OF NEW CLAUSE 3D

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the insertion after the new clause 3C of the following clauses—

Amendment of Section 26 of CAP 19:05

Section 26 (“Procedure”) of the principal Act is amended by the repeal of subsection (2) and the following is substituted—

“The Commission shall hold a meeting— (a) at least once every quarter; and

(b) a special meeting as and when circumstances require.”

AMENDMENT OF CLAUSE 4

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the deletion of clause 4 and the substitution of the following—

Amendment of section 27 of Cap. 19:05

Section 27 (“Appointment and Functions of Chief-Executive officer of Commission”) of the principal Act is amended as follows—

• by deletion of the words “ Chief Executive Officer” in the Heading and substitution with the following –

“Appointment and Functions of Director-General of the Commission.”

• By the repeal of subsection (1) and substitution of—

“Subject to this section and with the concurrence of the Minister, the Commission shall appoint, on such terms and conditions as the Commission may fix, persons to be the Director-General and

Directors of the Commission.”

• By the repeal of subsection (2) and substitution of the following—

“The Director- General shall be appointed for their knowledge and experience of forestry or other requisite qualifications and skills.”

• By the repeal of subsection (7).
• by the insertion of the following after subsection (7)—

“(8) In appointing the Director General and any Director, the Commission shall endeavour to ensure that the Director General and any Director reflects the number of males as equal to the number of females in so far as if possible.”

AMENDMENT OF CLAUSE 5

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY

INDUSTRY

On page 6 of the Bill, by the deletion of clause 5 and the substitution of the following—

Amendment of section 27A of Cap. 19:05

Section 27A (“other staff of Commission”) of the principal Act is amended by the repeal of subsection (2) and substitution of the following—

(2) “In appointing members of staff the Commission shall endeavour to ensure equitable gender distribution.”

INSERTION OF NEW CLAUSE 5A

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 6 of the Bill, by the insertion after clause 5 of the following clause—

Amendment of section 31 of Cap 19:05

Section 31 (“Suspension, reduction or forfeiture of pension or gratuity”) of the principal Act is repealed.

INSERTION OF NEW CLAUSE 5B

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 6 of the Bill, by the insertion after clause 5A of the following clause—

Amendment of section 32 of Cap 19:05

Section 32 (“deduction from pension, gratuity, refund of contributions or other benefit”) of the principal Act is repealed.

INSERTION OF NEW CLAUSE 5C

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 6 of the Bill, by the insertion after clause 5 of the following clause—

Amendment of section 55 of Cap 19:05

Section 55(Owner or occupier of private land shall give notice of intention to dispose of indigenous timber”) of the Principal Act is amended by the by the deletion of the words “cause the Minister and such other persons as the Minister may specify to be informed, in writing, of the contents of such notice” and substitution with “cause the forest officer to be informed, in writing, of the contents of such notice and to carry-out an inspection as may be necessary.”

AMENDMENT OF CLAUSE 7

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 6 of the Bill, by the deletion of sub clause (a) and (b) and the substitution of the following— Amendment of section 68 of Cap. 19:05

Section 68 (“Provision and maintenance of fire guards on common boundaries”) of the principal

Act is amended—

• by the repeal of the sub-clause (a) and the substitution of the following—

“(4) if any fireguard is of the width required by subsection (3), but its sufficiency for the purposes of this section is disputed on the ground that such fireguard is not sufficiently cleared of inflammable matter, the dispute shall be referred for decision to the designated Forest Officer. Appeals shall lie, firstly with the Provincial Head and then the Director-General.

• by the repeal of sub clause (b) and the substitution of the following—

“          (6) If a dispute arises as to the boundaries of the land in respect of which an occupier who is a miner is liable, under the provisions of this section, to assist in the establishment of a common fireguard or to contribute labour or towards the cost necessary to provide and maintain fireguards, such dispute shall be referred for decision to the designated forest officer who shall consult with a local environmental officer, as defined in section 2 of the Environmental Management Act [Chapter 20:27]. Appeals, shall lie, firstly with the Provincial Head of the Forestry Commission, and then the Director-General.

AMENDMENT OF CLAUSE 11

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 7 of the Bill, sub clause (b) is amended by the deletion of subclause (b) and substitution of the following—

(b)in subsection (5) by the deletion of the words “not exceeding level five” and the substitution of “not exceeding level seven.’

INSERTION OF NEW CLAUSE 11A

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 7 of the Bill, by the insertion after clause 11 of the following clause—

New Section inserted in Cap 19:05

The principal act is amended by the insertion after section 75 of the following section—

“75A Appeals against decision of Commission

(1)Subject to this section, any person who is aggrieved by any decision of the Commission in terms of this Act, may within 28 days after being notified of the decision or action of the Commission, appeal in writing to the Minister

Provided that such appeal shall not suspend the operation of a decision of the Commission.

• For the purpose of determining an appeal noted in subsection 1, the Minister may require the Commission to furnish him with the reasons for a decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based.
• The Minister, after due and expeditious inquiry, may make such a decision on any appeal noted in terms of subsection 1.”

AMENDMENT OF CLAUSE 12

BY THE MINISTER OF ENVIRONMENT, CLIMATE, TOURISM AND HOSPITALITY INDUSTRY

On page 7 of the Bill, by the deletion of clause12 and the substitution of the following—

Amendment of section 78 of Cap. 19:05

Section 78 (“Major Offences”) of the principal Act is amended—

• In subsection (2)—

(ii)      “by the repeal of paragraphs (a) and (b) and the substitution with the following—

• where damage has been wilfully caused, to a level 10 fine or imprisonment for a period not less than two years or both such fine and such imprisonment;
• in any other case, to a level six  fine or imprisonment for a period not less than one year or both such fine and such imprisonment.”

(iii) In subsection (3) by the repeal of paragraphs (i) and (ii) and with the substitution of the following—

“ (i) where damage has been wilfully caused, to a level eight  fine or to imprisonment for a period not less than two years or to both such fine and such imprisonment;

(ii) in any other case, to a level six (6) fine or to imprisonment for a not less than one year or both such fine and such imprisonment.”

• By the insertion of a new subsection after subsection (3) as follows—

“        (4) The Court shall take into account such aggravating factors as loss of human life, livestock, wildlife, trees/forest and other property;”