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NATIONAL ASSEMBLY VOTES 13 OCTOBER 2016 NO 04

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No. 4

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FOURTH SESSION – EIGHTH PARLIAMENT

 

_________________

 

THURSDAY, 13TH OCTOBER 2016

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Quarter past two o’clock p.m

The Deputy Speaker in the Chair

 

Prayers

 

Members Present

Beremauro G;

Chakona P

Chamisa N

Chapfika D

Chibagu G

Chibaya A

Chidhakwa S

Chigudu M

Chigumba C C.

Chikomba L

Chikwama B

Chimanikire G

Chimwamurombe A

Chinanzvavana C

Chingosho C.P.M

Chinomona M M

Chinotimba J

Chipanga K

Chipato A

Chirisa F

Chisorochengwe T.

Chitembwe V J

Chitindi C

Chitura L

Chivamba K

Chiwetu J Z

Cross E G

Dhewa  W

Dutiro P.

Dube S

Dziva T M

Gabbuza J.G.

Gangarahwe G.

Gava M

Gezi T

Goche N

Gonese I.T

Gumbo E.

Gwanetsa K K

Gwanongodza E

Holder J

Hungwa  G

Hungwe O.S.

Jaboon J

Kachepa N

Kadungure D A

Kanhanga E W

Karoro D

Katsiru L.

Kaundikiza M

Kazembe K

Khanye N

Khumalo M

Kuruneri C

Kwaramba G

Labode M R

Machingauta C

Machingura R

Mackenzie I

Maduza T.

Madondo T

Madubeko J

Madzinga P

Mahiya M

Mahoka S

Makoni R R

Makonya J

Makunde T

Makweya M

Mandipaka O

Mangami D

Mangwende S

Maondera W

Mapiki J

Marumahoko R

Masamvu L

Mashayamombe S

Mashonganyika D

Masiya D

Masuku P

Matambanadzo M

Matangira T R

Mataruse P

Matienga M

Matimba K M

Matiza B J

Matsunga S.

Matuke L

Mavenyengwa R

Mawere M D V

Mawere M RN S

Mhlanga N J

Mhona F T

Misihairambwi P M

Mkandla M

Mlilo N.

Moyo L

Mpala M.

Mpariwa P

Mpofu B

Mpofu M M

Mpofu S

Mtingwende T

Muchenje M S

Muchinguri O

Mudarikwa S

Mudau M

Muderedzwa R

Mudzuri E

Mudyiwa M.

Mugidho M.

Mukanduri S T

Munochinzwa M

Musabayana D.

Mukupe T.

Mukwangwariwa F G

Mukwena R

Munochinzwa M.

Mupereri V.

Mupfumi I F

Murai E

Musanhi K S

Musundire A L

Musvaire W

Mutomba W

Muzenda T M

Muzondiwa E S

Ncube G M

Ncube H

Ndebele A

Ndhlovu Alice

Ndlovu D M;

Ndlovu N

Nhema C F.D.;

Nkomo Mail

Nleya L

Nyamupinga B B

Nyanhongo M

Nyere C

Passade J

Pedzisai I

Phiri F P

Rudzirwayi J M

Runesu B

Rungani A

Ruvai E

Samkange J T

Saruwaka T J.L.;

Seremwe B.

Shamu W K

Shava J.

Shongedza E

Sibanda D P

Sibanda K.

Sibanda L

Sibanda M

Sibanda Z

Sithole G K

Sindi C

Tarusenga U  D

Thembani S Z

Toffa J

Tshuma J.

Tsomondo C

Uta K.

Vutete M

Wadyajena J M

Zemura L

Zhou P

Zhou T

Zvidzai S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

Absent with leave

 

 

1.               The Minister of Environment, Water and Climate moved: That Notice of Presentation of Bill and Order of the Day No. 1 for today stand over until Order of the Day No. 8 has been disposed of.

 

Motion put and agreed to.

 

2.      The Minister of Environment, Water and Climate moved: That WHEREAS, 

Section 327 of the Constitution of Zimbabwe provides that any convention,    treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organizations shall be subject to approval by Parliament;

 

WHEREAS Zimbabwe ratified the convention on Biodiversity on 9 February 1995;

 

WHEREAS the conference of the Parties adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their utilisation of the convention on Biodiversity, at its 10th meeting held on 29 October 2010, in Nagoya, Japan.

 

WHEREAS the aforesaid Protocol entered into force on 12 October 2014, 90 days after the date of deposit of the fiftieth instrument of ratification as stipulated under paragraph 1 of Article 33;

 

WHEREAS Zimbabwe is not signatory to the Protocol;

 

AND WHEREAS Article 33(2) of the Protocol provides that its entry into force for states which are not signatory to it, is conditional upon such States depositing instruments of accession;

 

NOW THEREFORE, in terms of section 327(2) of the Constitution of Zimbabwe, this House resolves that the aforesaid Protocol be and is hereby approved for accession.

 

Motion put and agreed to.

 

3.  Adjourned debate on motion in reply to the presidential speech. (Adjourned 11th October 2016 - The Deputy Minister of Local Government, Public Works and National Housing)

 

[Time elapsed: 1 hour 30 minutes]

 

Question again 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. Nyamupinga

 

            On the motion of Hon Matuke, seconded by Hon Rungani: Debate adjourned until tomorrow

 

4. Hon. Chamisa rose on a point of Order, in terms of Standing Order No. 66 and queried the procedure used to bring Hon Mandipaka’s Notice of Motion whereupon the Deputy Speaker ruled that the Notice of Motion be deferred until the following Tuesday 18th October 2016.    

 

5.    Hon. Dr. Mataruse, seconded by Hon. Machingura, moved: That the motion on Biotechnology, which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 73.

          

             Motion put and agreed to.

 

6. Hon Misihairabwi –Mushonga, seconded by Hon. Toffa moved: That the motion on regional equality, which was superseded by the end of the Third Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 73.

 

             Motion put and agreed to.

 

7.On the motion of  Hon Matuke seconded by  Hon Rungani.: The House adjourned at three minutes past three o’clock p.m until Tuesday, 18th October, 2016, at a quarter past two o’clock in the afternoon.

 

 

HON. M.M. CHINOMONA,

 Deputy Speaker.

 

 

TUESDAY, 18 TH OCTOBER, 2016

 

NOTICE OF PRESENTATION OF BILL

 

the minister of industry and commerce: Bill seeks to repeal and replace the National Incomes and Pricing Act [Chapter 14:32] and to provide for the establishment of the National Competitiveness Commission and to provide for its functions and management. – National Competitiveness Commission Bill (H.B. 6, 2016)

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.      Recommital- Committee: Special Economic Zones Bill, (H. B. 15A, 2015) - The Minister of Finance and Economic Development.

 

 

2.      Adjourned debate on motion in reply to the presidential speech. (Adjourned 13th October 2016 – Hon Matuke)

 

[Time elapsed: 1 hour 30 minutes]

 

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. Nyamupinga

 

3.      hon wadyajena

hon. sithole

 

That this  House takes note of the First Report of the Portfolio Committee on Youth, Indigenization and Economic Empowerment on Marange- Zimunya  Community Share Ownership Trust (S.C. 22, 2016) .

 

4.      hon. mandipaka

 hon. muderedzwa

 

              That this House-

 

             AWARE that Zimbabwe is a peace loving nation;

 

DISTURBED by recent acts of violence and terror on innocent people by opposition political parties;

            

             WORRIED by vicious attacks on police officers and security agents;

 

CONCERNED by the looting and destruction of property and infrastructure in Greater Harare;

 

NOW THEREFORE calls upon Parliament to resolve to:

 

a)      Strongly condemns political parties perpetrating acts of violence on our nation.

b)      Calls upon the Government of Zimbabwe Republic Police to arrest all those rowdy youths involved in acts of violence and to facilitate their prosecution;

c)      Asks the Minister of Home Affairs to make a statement on the state of affairs with regards to recent political violence and to assure the nation of its safety and security.

 

5.      hon. gonese

hon. sibanda d.s.

 

That this House:

 

NOTING the unanimous adoption of the SADC Model Law on eradicating Child Marriage and Protecting Those Already in Marriage at the SADC PF in Ezulwini, Swaziland on the 3rd of June 2016,

 

ACKNOWLEDGING that the Model Law addresses all the issues and matters related to and incidental to rights and concepts relating to the Child,

prohibition of child betrothal and marriage, as well as measures and interventions to mitigating the effects of child marriage, offences and enforcement;

 

RECOGNISING that the Draft Model Law can be adopted with minimal changes to constitute a holistic, comprehensive and all –embracing legislation dealing with the subject matter,

 

DESIROUS that child marriages must be ended as a matter of urgency.

 

NOW THEREFORE, calls upon the Minister of Justice, Legal and Parliamentary Affairs to forthwith introduce this Model Law to Parliament so that it becomes part of Zimbabwean law with suitable changes.

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on Biotechnology (Restored 13th October, 2016 – The Minister of Agriculture, Mechanisation and Irrigation Development).

 

[Days elapsed: 14]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on Harnessing Biotechnology for Socio-Economic Development. (S. C. 1, 2016)- Hon. Dr. Mataruse.

 

  1. Hon. Misihairabwi-Mushonga

            Hon. Toffa

 

            That this House -

 

ACKNOWLEDGING that Section 18 of the Constitution provides for regional equality and states “The state must promote the fair representation of all Zimbabwe’s regions in all institutions and agencies of government at every level;

 

FURTHER ACKNOWLEDGING that Section 17 provides that “The State must promote full gender balance in Zimbabwean society, and in particular the state must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;

 

NOTING that both Section 18 and Section 17 place obligations on the state to take specific measures to rectify both regional and gender imbalances in society;

 

            CONCERNED that the process of identifying providers of government services and government tenders are violating Section 17 and Section 18;

 

            NOW THEREFORE resolves to call upon the Executive to ensure that:

 

a)      All processes of identifying providers of services to government are conducted in a transparent and accountable manner.

b)      Awarding of government and parastatal tenders promotes fair regional representation; and

c)      A 30% quota of all government tenders are reserved for women.

 

 

 

8.      hon chamisa

hon. gonese

 

            That this House;

 

            NOTING that it has been exactly one year since the disappearance of Itai Dzamara;

 

            CONSIDERING that the Minister of Home Affairs was ordered to give monthly reports on progress;

 

            PERTURBED that the Government has not been updating the Nation on progress;

 

            COGNISANT of the citizen’s constitutional right and the importance of strengthening the constitutionalism, human rights and consolidation of democracy;

 

ACKNOWLEDGES the existence of the International Convention on the Protection from Enforced Disappearances as an international human rights instrument.

 

NOW THEREFORE, Parliament calls upon the Government to:

 

(a)       Bring finality and closure to investigations leaving no stones unturned;

 

(b)   Chip in on the social welfare and support to the Dzamara family, particularly the wife and children as restorative and rehabilitative measures;

 

(c)   Guarantee non repetition of such occurrences and giving assurance in the protection to the right to demonstrate and petition; and

 

(d)   Ensure all perpetrators of politically motivated violence are prosecuted

      and that victims receive restorative and rehabilitative justice.

 

9.      hon chamisa

hon. sibanda d.p

 

That this House:

 

NOTING the disturbing images and video footage of men and women in police   uniform beating up innocent civilians 

 

AWARE that the Police Charter rests on the settled principle of pro lege, pro patria,        pro populi (for the law, for the country, for the people)

 

WORRIED by the recent behavior and conduct of certain Police details in their   handling and beating up of demonstrating and peace loving citizens.

 

CONCERNED with human rights abuses and rule by law instead rule of law, as instigated by certain police officers or persons masquerading as Police;

 

PERTUBED that the Minister responsible for the Police or the Commissioner General have not made efforts to censure or discipline the perpetrators who violated the National Constitution.

 

FURTHER CONCERNED that the bad behavior of a few bad apples among the Police are creating animosity between citizens (people of Zimbabwe) and the Police

 

ACKNOWLEDGING that His Excellency President Mugabe has publicly condemned the public who were exercising their rights without correspondingly condemning the          Police for their abuse of citizen rights and that of the Constitution

 

 

NOW THEREFORE, calls upon the Minister of Home Affairs to :

 

(a)    Investigate the conduct of the Police and report to the Parliament

(b)   Issue a public apology over the untoward conduct of some of the Police Officers

(c)    Immediately implement a training of Police on human rights as part of their curriculum in terms of the Constitution.

(d)   Put in place an act of Parliament setting up an Independent Complaints Mechanism for members of the public as contemplated by Section 210 of the National Constitution; and

 

That Parliament sets up a Commission of Inquiry to investigate into the conduct of such officers.

 

10.        Committee of Supply.

 

 

 

WEDNESDAY, 19TH OCTOBER 2016

 

 

QUESTIONS FOR ORAL ANSWERS

 

t    QUESTIONS WITHOUT NOTICE

 

·         QUESTIONS WITH NOTICE

 

*1.       Hon. Ncube H.:  To ask the Minister of Public Service, Labour and Social Service whether the Ministry has any plans to assist workers who were retrenched at ZISCO Steel in Redcliff town with food aid since they lost a source of livelihood.

 

[Deferred on 12th October, 2016]

 

*2.       Hon. Ncube :.  To ask the Minister of Industry and Commerce to state when the ministry intends to resuscitate ZISCO Steel.

 

[Deferred on 12th October, 2016

 

 

 NOTICE OF AMENDMENTS

 

SPECIAL ECONOMIC ZONES

 

By The Minister Finance and Economic Development

 

SECTION 56 (1)

 

  1.  Deletion of the phrase “Labour Act [Chapter 28:01] and the” in section 56 subsection (1) of the Bill; and

 

  1. The insertion of a new paragraph after section 5 subsection

 

(i)                 Paragraph (d) of the Bill to read as follows:

 

(e)  One shall be appointed from the Ministry responsible for Public Service, Labour and Social Welfare.

 

In terms of 131(7) of the Constitution the Speaker, without delay, is required to convene a sitting of the national Assembly to consider the Bill and cause the Bill to be presented to His Excellency, the President of the Republic of Zimbabwe, without delay, for assent and signature.

 

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