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NATIONAL ASSEMBLY VOTES - 14 DECEMBER 2011 NO. 21

VOTES AND PROCEEDINGS OF

THE HOUSE OF ASSEMBLY

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FOURTH SESSION - SEVENTH PARLIAMENT

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WEDNESDAY, 14TH DECEMBER, 2011

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Quarter past two o'clock p.m.

The Speaker in the Chair

Prayers

 

Members Present

 

Baloyi A,

Bhasikiti K,

Chambati T.S Chamisa N

Chanetsa P.T,

Chikwinya S,

Chimbetete W.M

Chimhini D.A,

Chinomona M.M

Chinyadza W,

Chiota P.C

Chirume O

Chitando J

Chitima A,

Chombo I.M.C

Cross E.G

Dongo G.Z

Dzingirai I

Dzirutwe G

Gabbuza J, G

Garadhi S

Gonese I.T

Goto R

Gumbo J.M.

Gwiyo C.C Hlongwane M

Hove S.R

Jembere E

Jiri M

Kachepa N Kagurabadza M.T

Kanzama F

Karenyi L Kasukuwere S Katsande A

Kay J.I.H

Khumalo N.M,

Khumalo S.S,

Khumalo T

Mabhena G

Machacha C Madubeko J Madzimure W

Mafios I.D

Mahlangu T

Mahoka S

Majome F.J

Makamure R Mandebvu N.T

Mangami D

Mangwana M.P

Maposhere D

Maramwidze E H

Mare M

Marima E

Masaiti E

Matamisa E.E Matibe T.P

Matienga M Matimba T

Matinenga E.T

Matutu T

Mazikana P.H Mbwembwe E

Mhashu F.G

Mhlanga A

Mlambo M

Mnangagwa E.D

Mpariwa P

Mpukuta L Muchauraya P

Mudarikwa S

Mudau M

Mudiwa S

Mudzuri E

Mudzuri H

Muguti C

Mukanduri S.T

Munengami F Mungofa P.T

Munjeyi G Mushonga S.L

Mushore L

Musumbu E

Musundire A.L Musvaire W

Mutambara AG

Mutinhiri A

Mutsekwa G.T

Muza I

Mwonzora D.T

Mzembi W

Navaya E

Ncube S Ndambakuwa F

Ndava R

Ndhlovu A

Nemadziva N

Nezi W

Ngwenya B

Nkomo S.S

Nyakudanga O

Nyamupinga B.B

Nyaude B

Pasihomusha-Matiza B.J

Raradza E

Rutsvara R

Samkange N.T.C

Sansole T.W

Saruwaka T.J.L

Shirichena E

Shoko M

Sibanda C.C Sibanda D.S

Sibanda F.M

Sindi C

Sithole A

Tachiona M Tazviona R

Tshuma B

Undenge S Varandeni J

Zhanda T.P

Zhuwao P

Zinyemba M

Ziyambi W.Z

Zvidzai S

 

Printed by Order of the House

 

Apologies

Hon. Chebundo B, Hon. Chikava B, Hon. Chivamba K, Hon. Dube M, Hon. Dzinotyiwei H, Hon. Makuyana M, Hon. Maramba P, Hon. Hon. Matshalaga O, Hon. Mudavanhu S, Hon. Ndebele G, Hon. Parirenyatwa D, Hon. Shoko H, Hon. Buka F, Hon. Chidakwa W, Hon. Langa A, Hon. Ziteya K

1. Paper laid upon the Table-

The Minister of Water Resources Development and Management

Report of the Comptroller and Auditor-General on the Management of Dam

Construction and Water Supply Projects by [Chapter 22:18]

2. Questions without notice.

3. Questions with notice.

4. The Minister of Water Resources Development and Management moved: That Notices of Motions 1 to 3 and Order of the Day No.4 for today, stand over, until Order No. 14 has been disposed of.

Motion put and agreed to.

5. Hon. Tshuma, seconded by Hon. Mushonga, moved:

That this House:

NOTING the universal principles of etiquette and decorum observed by legislatures to ensure that the institution of Parliament maintains its integrity:

AWARE, therefore, that Officers of Parliament are bound by values of honesty, integrity, professionalism and respect;

DISTURBED by the blatant failure to uphold the aforementioned values by the Clerk of Parliament, Mr Austin Zvoma, as demonstrated by the following misdemeanors which brought the image of the Parliament of Zimbabwe into dispute;

i) Failure to conduct elections of the Speaker on 25th August 2008 in accordance to section 39 of the Constitution and Standing Order No. 6 as noted by the Supreme Court Ruling nullifying the afore election.

ii) Unprocedurally and unilaterally deferring the sitting of the House of Assembly on 22nd March 2011,

iii) Disdain for the legal advice from the Attorney General regarding the status of the Matobo North Constituency following the Supreme Court's Ruling on the 2008 election of the Speaker of the House of Assembly.

iv) Condescending attitude towards Honourable Members of this August House and in particular, the Office of the Speaker.

v) Issuance of press statements contemptuous of Honourable Members of this House, and:

vi) Tampering with the records of the proceedings of this House by expunging some material from the Hansard of 29 March 2011 without the authority of the House;

NOW THEREFORE, this House places on record its disapproval of the untoward behaviour and actions exhibited by the Clerk of Parliament, Mr Austin Zvoma, and further resolves to invoke provisions of 48 (2) of the Constitution of Zimbabwe to dismiss Mr Austin Zvoma from the service of Parliament forthwith through a secret ballot process.

On the motion of the Minister of Water Resources Development and Management: Debate adjourned until tomorrow.

6. Hon. Gwiyo, seconded by Hon. Zinyemba, moved:

THAT WHEREAS, Section 13(1) of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] states that if a witness appears before a Committee of Parliament and answers fully and faithfully all questions put to him, the witness shall be entitled to apply for and be issued with a certificate by the Speaker or the Chairman of the Committee, as the case may be, stating that the witness was upon his examination so required to answer and did so answer all such questions;

WHEREAS the Chairperson of the Portfolio Committee on Public Service, Labour and Social Welfare, Hon. Zinyemba, has issued a Certificate of Privilege in favour of Mr. Lovemore Vambe who had been suspended by Willowvale Mazda Motor Industries for statements made to the Committee during an oral evidence session held on the 14th of November 2011;

AND WHEREAS Section 13(3) of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] states that a certificate issued in terms of subsection (1) shall not be produced unless the production has been authorized by Parliament; and

 

NOW THEREFORE, in terms of Section 13(3) of the Privileges, Immunities and Powers of Parliament Act Chapter 2:08, this House resolves that the issuance and production of the aforesaid certificate be approved.

Motion put and agreed to.

7. On the motion of the Minister of Water Resources Development and Management: The House adjourned at three minutes to six o'clock p.m.

L.N.M. MOYO

Speaker.

 

THURSDAY 15TH DECEMBER, 2011

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

1. Second Reading : National Incomes and Pricing Commission Bill (H.B. 10, 2010) - The Minister of Industry and Commerce.

2.Adjourned debate on motion in reply to the Presidential Speech ( Adjourned 13th December - The Deputy Prime Minister Hon. Prof Mutambara).

[Time elapsed: 3 hours 41 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 Zhuwao

3. Hon. Karenyi

Hon. Kapesa

That this House takes note of the Report on the Third Quarter Budget Performance of the Ministry of Local Government, Rural and Urban Development for the year 2011.

4. Hon. R. Moyo

Hon. N. Nemadziva

That this House:

AWAREthat Air Zimbabwe has been operating at a loss since 1990.

CONCERNEDthat the current majority shareholder which is the Government of Zimbabwe has failed to initiate a sound turnaround strategy for this parastatal,

FURTHER CONCERNEDthat the current fleet is is old, outdated and beyond resuscitation,

WORRIEDby the serious erosion of brand Zimbabwe by the airline nationally and internationally.

NOW THEREFOREcalls upon the Government of Zimbabwe to;

i) put the current fleet to pasture; and

ii) privatize Air Zimbabwe;

5. Adjourned debate on the motion on the unilateral reappointment of the Broadcasting Authority of Zimbabwe Board by the Minister of Information and Publicity (Adjourned 13th December - The Deputy Prime Minister Hon. Prof. Mutambara).

[Day elapsed: 1]

Question proposed: That this House :

 

AWARE of the Global Political Agreement (GPA) Article XIX (19) which seeks to ensure immediate processing of all applications in terms of the Broadcasting Services Act to achieve freedom of expression in a multi-party democracy.

DESIROUS of ensuring the opening up of airwaves and ensuring the operation of as many media houses as possible.

CONDEMNING the unilateral re-appointment of the Broadcasting Authority of Zimbabwe (BAZ) board by the Minister of Information and Publicity against the provisions of the Broadcasting Services Act as amended in 2007.

FURTHER condemning the recent irregular issuance of commercial broadcasting licences to the two politically aligned players, that is, Zimpapers Talk Radio and AB Communications.

Now therefore, resolves to:

i) Call for the dissolution of the current BAZ Board unilaterally appointed by the Minisiter of Media, Information and Publicity on 30 September 2009.

ii) Have implementation of the provisions of BSA as amended in 2007 that provides for the BAZ Board to be appointed by His Excellency the President in consultation with the Parliamentary Standing Rules and Orders Committee.

iii) Call for the immediate withdrawal of licences to Zimpapers Talk Radio and AB Communications to allow for further consultations by all stakeholders -Hon. Chikwinya

6. Adjourned debate on the motion on the dismissal of the Clerk of Parliament from the service of Parliament ( Adjourned 14th December-The Minister of Water Resources Development and Management).

[Day elapsed: 1]

 

Question Proposed: That this House:

NOTING the universal principles of etiquette and decorum observed by legislatures to ensure that the institution of Parliament maintains its integrity:

AWARE, therefore, that Officers of Parliament are bound by values of honesty, integrity, professionalism and respect;

DISTURBED by the blatant failure to uphold the aforementioned values by the Clerk of Parliament, Mr Austin Zvoma, as demonstrated by the following misdemeanors which brought the image of the Parliament of Zimbabwe into dispute;

i) Failure to conduct elections of the Speaker on 25th August 2008 in accordance to section 39 of the Constitution and Standing Order No. 6 as noted by the Supreme Court Ruling nullifying the afore election.

ii) Unprocedurally and unilaterally deferring the sitting of the House of Assembly on 22nd March 2011,

iii) Disdain for the legal advice from the Attorney General regarding the status of the Matobo North Constituency following the Supreme Court's Ruling on the 2008 election of the Speaker of the House of Assembly.

iv) Condescending attitude towards Honorable Members of this August House and in particular, the Office of the Speaker.

v) Issuance of press statements contemptuous of Honourable Members of this House, and:

vi) Tempering with the records of the proceedings of this House by expunging some material from the Hansard of 29 March 2011 without the authority of the House;

NOW THEREFORE, this House places on record its disapproval of the untoward behaviour and actions exhibited by the Clerk of Parliament, Mr Austin Zvoma, and further resolves to invoke provisions of 48 (2) of the Constitution of Zimbabwe to dismiss Mr Austin Zvoma from the service of Parliament forthwith through a secret ballot process -Hon. Tshuma.

Amendment proposed by Hon. Mushonga

To delete the words from the original motion after the following words; NOW THEREFORE, … and substitute with the following:

That this House:

Upon the winding of debate and the vote being taken the following procedure must be followed;

1. A special (five) 5 member committee be appointed by this House to look into the issue and invite the Clerk of Parliament to give his side and respond to the allegations raised during this motion;

2. The special five member committee is to make recommendations to the full House on its findings whether:

i) to terminate immediately the Clerk of Parliament's contract of employment;

ii) to suspend without pay for a period of time;

iii) to demote and or reprimand the Clerk of Parliament; and

3. That the Special five member Committee shall report to the House within six weeks.

7. Adjourned debate on motion on the death of the Minister of Public Service Hon. Prof. Mukonoweshuro (Adjourned 1st December - The Deputy Prime Minister Hon. Prof. Mutambara).

[Days elapsed: 5]

Question proposed: That this House:

 

SADDENEDby the tragic and untimely death of the Honourable Minister of Public Service and member of Parliament for Gutu South, Professor Eliphas Mukonoweshuro on the 5th of August 2011;

NOTINGthat the loss was felt by the whole nation, which mourned a committed and dedicated luminary of our struggle for independence, democracy, freedom and justice;

NOW THEREFORE, THIS HOUSE Conveys its, profound condolences to the widow of our departed leader;

Expresses its deep sorrow and sadness at the tragic and unexpected loss of life;

Takes this opportunity to celebrate the life of a man who rendered sterling services to the nation both before and after independence. - Hon. Dumbu

8. Adjourned debate on motion on the workshop report of the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters (Adjourned 1st December - (The Deputy Prime Minister Hon Prof. Mutambara).

[Days elapsed: 4]

Question proposed: That this House takes note of the Report on the Pan African Parliament Permanent Committee on Trade, Customs and Immigration matters workshop that was held in Gaborone Botswana in July 2011 to promote the involvement of the committee and members of Parliament on Trade, Customs and Immigration in Regional Integration efforts - Hon. Mutomba.

9. Adjourned debate on motion on the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010 (Adjourned 1st December - The Deputy Prime Minister Hon Prof. Mutambara).

[Days elapsed: 3]

Question proposed: That this House:

COGNIZANT of the need to publish in the gazette and to enforce all delegated legislation in conformity with the relevant Principal Acts;

DISTURBED that the Indigenisation and Empowerment (General) Regulations Statutory Instrument No. 21 of 2010, as read with the minimum requirements for Indigenisation Implementation Plans for businesses in the mining sector GN 114/2011, do not conform with the Government's Policy of economic revival which aims at encouraging Direct Foreign Investment;

CONCERNED that the responsible Minister promulgated the Indigenisation Empowerment Regulations without due regard for private enterprises and industries which are critical for Zimbabwe's economic recovery;

CONDEMNING the practice by the responsible Minister to invoke delegated legislation on foreign owned companies without Cabinet Authority, in contravention of bilateral agreements, a situation which puts the Government's credibility into disrepute;

NOW THEREFORE, resolves that the responsible Minister withdraws forthwith the Indigenisation and Empowerment Regulations and replaces them with revised versions which address broad based empowerment programmes - Hon. Musundire.

 

10. Adjourned debate on motion on the unconstitutional statements made by some Service Chiefs. (Adjourned 1st December - The Deputy Prime Minister Hon Prof. Mutambara)

[Days elapsed: 2]

Question proposed: That this House taking note of the provisions of the Constitution, the Defence Act; Chapter 11.02, the Police Act Chapter 11.10, Prison Act Chapter 7.11 and the Public Service Act Chapter 11.04 which all demand neutrality of the military, police and prison officers and the Central Intelligence Organization (CIO) as well as ordinary civil servants

NOTING FURTHER THE provisions of Article XIII of the GPA which requires neutrality and de-politicization of state organs and state institutions.

CONCERNED by recent statements by some Service Chiefs

NOW, THEREFORE, this House

a) Condemns the unconstitutional and treasonous statements that bring into

disrepute the professional institutions of the Army and the Police.

b) Requests the relevant institutions to reaffirm their loyalty to the constitution

and the laws of Zimbabwe and

c) Directs relevant authorities to carry out investigations into the said utterances

and the unconstitutional statements and make such findings public. - Hon.

Chikwinya

11. Adjourned debate on motion on the First Report of the Portfolio Committee on Mines and Energy on the state of affairs at Shabani Mashava Mine (S.C. 10, 2011) (Adjourned 25th October - Hon. Gonese)

[Day elapsed: 1]

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Mines and Energy on the State of Affairs at Shabani-Mashava Mines (S.C.10, 2011). - Hon Chindori-Chininga

12. Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Rural and Urban Development ( Adjourned 26th September - Hon. D. Sibanda).

[Day elapsed: 2]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Local Government, Urban and Rural Development on the public hearings on the state of service delivery by the Municipalities of Harare, Chitungwiza and Norton. (S.C. 6, 2010)- Hon. Matimba.

 

13.Committee of Supply.

 

 

 

WEDNESDAY, 21ST DECEMBER, 2011

QUESTIONS FOR ORAL ANSWERS

 

♦ QUESTIONS WITHOUT NOTICE

QUESTIONS WITH NOTICE

*1.Hon. Baloyi: To ask the Co-Ministers of Home Affairs to state:

i)the measures the Ministry is taking to curb the increasing rate of raids on

livestock along the Sango and Chikwalakwala border line in Chiredzi; and

ii) the Ministry's plans in finding a lasting solution to cross border cattle rustling in the Sengwe and Matibi II communal lands.

[Deferred from, Wednesday 26thOctober 2011]

*2. Hon. Sansole: To ask the Co-Ministers of Home Affairs to inform the House:

i) whether the Ministry is aware that armed gangs from Zambia are invading the

Lower Zambezi Valley and driving out stolen herds of cattle from the Cheziya, Makwa and Msuna areas across the Zambezi river into Zambia; and

ii) if there are any plans to increase police patrols in these areas in order to curb

cattle rustling.

[Deferred from, Wednesday 26thOctober 2011]

*3. Hon. Chimhini: To ask the Co-Ministers of Home Affairs to inform the

House:

i) whether it is government policy to allow audio visual material to be illegally

reproduced and sold on the market as evidenced by a memorandum dated

5/04/11 written by the Chief Staff Officer Operations to all Police Officers

Commanding Provinces: Ref: INFOR DCC"Temporary Measure: Protection of

International Films.

[Deferred from, Wednesday 23rd November 2011]

*4. Hon. Sululu: To ask the Co-Ministers of Home Affairs to inform the House:

1. what action has been taken by the police to arrest violent and rowdy people who disrupted the following approved public gatherings;

a) On 20th July 2011 in Kwekwe the United States Ambassador Charles

Ray was humiliated and stopped from addressing a police cleared youth

development meeting. The youths, journalists and the public were

assaulted in full view of our police force;

b) On 23rd July, 2011 Members of Parliament, from ZANU PF and two

MDC formations, journalists and the public were assaulted again in full

view of our police force during the public hearing in the Government

Caucus on the Human Rights Commission Bill; and

ii) what measures the Ministry has put in place to avoid such embarrassing

actions from re-occurring.

[Deferred from, Wednesday 26thOctober 2011]

*5. Hon. Chimhini : To ask the Co-Ministers of Home Affairs to explain to the

House:

i) Whether the police are acting within the law when they deliberately shatter

windscreens of commuter omnibuses for alleged traffic offenders when there

are other lawful ways of arresting offending motorists;

ii) The risk to other road users caused by the windscreen shattered by the

Police;

iii) The Ministry's Policy regarding vehicles with shattered windscreens

remaining on the road and

iv) Whether the Ministry has a policy for compensating vehicles with shattered

windscreens.

*6. Hon. Mangami: To ask the Minister of Education, Sport, Arts and Culture to

inform the House:

i) what happened to building grants which used to be given to

schools; and

ii)if the same grants could be extended to primary schools.

Deferred from, Wednesday 26thOctober 2011]

*7. Hon. Mushonga: To ask the Minister of State in the President's Office to explain

to the House why the following members of the Central Intelligence

Organisation have been allowed to hold political party positions as Central

Committee Members of ZANU PF whilst they are still in full-time employment of

the state:

Tabeth Kanengoni from Mashonaland Central

Jesca Chidza from Manicaland

Lazma Humbe from Manicaland

[Deferred from, Wednesday 5thOctober 2011]

*8. Hon. Mushonga: To ask the Minister of Foreign Affairs to inform to the House :

1. Why the Zimbabwe Government is refusing to handover Protais Mpiranya who was the commander of the Rwandan Army's Presidential Guards during the Rwandan Genocide and to explain

2. the government policy on genocide perpetrators in Rwanda and Ethiopia particularly those who committed rape, sexual offences including violence and murder.

[Deferred from, Wednesday 5thOctober 2011]

*9. Hon. Mahlangu: To ask the Minister of Health and Child Welfare to inform the

House:

i) what strides the Ministry has taken to ensure that Mpilo and Central Hospitals improve the state of health delivery system which of late has been a cause of concern for Bulawayo residents and those in surrounding areas;

ii) what the Ministry is doing to curb corruption which has seriously affected the state of delivery system in the two hospitals; and

iii) when the Ministry is going to to start building a third referral hospital for Bulawayo which it promised ten years ago since the current two hospitals Mpilo and Central are failing to cope with the increasing number of patients.

[Deferred from, Wednesday 5thOctober 2011]

*10. Hon. Mahlangu: To ask the Minister of Health and Child Welfare to inform the

House:

i) what the Ministry has done so far to ensure that it achieves Millennium

Development Goal 4, 5 and 6 (MDGs) which relate to reducing child mortality,

improving maternal health and combating HIV and AIDS, malaria and other

diseases by 2015;

ii) the challenges the Ministry is facing in achieving these MDGs; and

iii) what the Ministry is doing in to overcome these challenges and ensuring these

MDGs achievable by 2015.

[Deferred from, Wednesday 5thOctober 2011]

* 11. Hon. Jiri: To ask the Minister of Health and Child Welfare, to explain why

i) Chivhu District Hospital has no casualty department

ii) There is still a shortage of doctors.

iii ) Nharira Hospital has not been furbished and what the Ministry's plans are regarding refurbishment of this hospital and

iv ) Private health providers are charging exorbitant fees for X-rays, Blood Tests

and refuse to accept Premier Medical Aid Services membership cards.

*12. Hon. D. Sibanda: To ask the Honourable Deputy Prime Minister Khupe in her capacity as the President of the Global Power Women Network Africa, to to inform the House what key interventions have been advocated for in order to ensure that women and girls are protected from HIV/AIDS infections.

[Deferred from, Wednesday 5thOctober 2011]

*13. Hon. D. Sibanda: To ask the Hounorable Deputy Prime Minister Khupe, in her capacity as the Goodwill Ambassador for the Campaign on the Accelerated Reduction of Maternal Mortality, to inform the House the progress that has been made in scrapping the user fees as part of the millennium development goals aimed at improving maternal health so that t mortality rate is reduced by at least 75% by the year 2015.

[Deferred from, Wednesday 5thOctober 2011]

*14. Hon. Garadhi: To ask the Ministry of Local Government, Urban and Rural

Development to explain the Ministry's position with regards to former Golden

Kopje Mine employees who are being evicted by Chinhoyi City Council because

of their party affiliation.

[Deferred from, Wednesday 23rdNovember 2011]

*15. Hon. Mangami: To ask the Minister of Public Service to inform the House

i) how long one is expected to remain in an acting capacity before confirmation can be done in the Ministry of Education for example; and

ii) the relevance of the RBM in view of the current demoralisation of workers who are not rewarded for their performance.

[Deferred from, Wednesday 23rdNovember 2011]

 

*16. Hon. Garadhi: To ask the Ministry of Mines and Mining Development to explain

the Ministry's plans regarding the resuscitation of Alaska smelting plant whose

closure has had a negative impact on the people's lives both socially and

economically

[Deferred from, Wednesday 23rdNovember 2011]

*17. Hon Jiri: To ask the Minister of Energy and Power Development to explain to the

House why service station operators are required to pay for various licenses for

example council, fire, environment and energy while their profits margin are as

small as $0.05 per litre.

[Deferred from, Wednesday 23rdNovember 2011]

*18. Hon. Chimhini: To ask the Minister of Finance to explain how ministries which

receive budget transfers late in November or December could utilise the budget

allocation meaningfully before the expiry of the financial year without

surrendering the funds back to treasury.

[Deferred from,Wednesday 23rdNovember 2011]

 

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National Assembly Votes NATIONAL ASSEMBLY VOTES - 14 DECEMBER 2011 NO. 21