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NATIONAL ASSEMBLY VOTES 15 MAY 2019 NO 50

 

No. 50

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

                           

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIRST SESSION – NINTH PARLIAMENT

 

_________________

 

WEDNESDAY, 15TH MAY, 2019

_________________

 

Quarter past two o’clock pm.

The Speaker in the Chair.

 

Prayers.

 

Members Present

 

Banda S,

Bhila R,

Bhuda S,

Bushu B.,

Bvute O.,

Chamisa S.,

Chanda G. ,

Chasi F.,

Chibagu G.,

Chidakwa J.,

Chidakwa P.

Chidamba S.,

Chidziva H.,

Chikomba L.,

Chikombo W.,

Chikudo Rueben,

Chikukwa M. R,

Chikwama B.,

Chikwinya S.,

Chimbaira G.,

Chimina L.,

Chinanzvavana C,

Chinotimba J.,

Chinyanganya M.,

Chombo M,

Dinar K,

Dube B,

Dube G,

Dube P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Garwe D.,

Gonese I T,

Gorerino O.,

Gumbwanda K. R.,

Gwanetsa K. K.,

Gwanongodza E.,

Hamauswa S.,

Haritatos V. P.,

Houghton J. R,

Kabozo S.,

Kachepa N.,

Kankuni W,

Kapuya F.,

Karenyi L.,

Karoro D.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Kazembe K.,

Khumalo S. S.,

Khumalo T.,

Kureva E.,

Kwaramba G.,

Labode M. R.

Maboyi R M.,

Machakarika T.,

Machingauta C.

Machingura R,

Madiro M,

Madzimure W.,

Madziva S.,

Mago N,

Mahlangu S,

Majaya B.,

Makoni R R,

Makonya J,

Mamombe J,

Mangora B.,

Marapira D.,

Marikisi N.,

Markham A. N.,

Maronge C.,

Masango C. P.,

Masenda N. T,

Mashonganyika D,

Masiya D.,

Masuku E,

Masuku P.,

Matambanadzo M.,

Matangira T. R,

Mataruse P.,

Matemadanda V.,

Matewu C.,

Matiza B. J.,

Matsikenyere N.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mavima P,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni O.,

Mguni S K,

Mhona F T,

Mkandla M.,

Mkaratigwa E.,

Mlambo M. M.,

Mliswa T P

Mnangagwa T. M.,

Molokela-Tsiye F D,

Moyo C.,

Moyo Priscilla,

Moyo R.,

Moyo T.,

Mpame C.,

Mpariwa P,

Mpofu A.,

Mpofu M. M.,

Mpofu R.,

Muchimwe P T,

Mudarikwa S,

Mugidho M.,

Mukapiko D. L.,

Mukuhlani T.,

Mukunyaidze S. E. I.,

Munetsi J.,

Muponora N.,

Murai E,

Murambiwa O,

Murire J, Rtd. Col. Dr

Musabayana D.,

Musakwa E,

Musanhi K. S,

Mushonga P. M.,

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Mutseyami C. P,

Myambo A.,

Ncube E.,

Ncube Owen,

Ndebele A.,

Ndiweni D.,

Ndlovu A.,

Ndlovu E.,

Ndlovu N,

Nduna D. T.,

Ngome J.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nkani A.,

Nkomo M,

Nyashanu M. Dr,

Nyabote R.  

Nyokanhete J,

Nyoni I,

Omar Joosbi,

Paradza K.,

Phulu K. I.,

Phuti D.,

Raidza M.,

Rungani A,

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 D P,

Sibanda O.,

Sibanda Z.,

Sikhala J.,

Simbanegavi Y.,

Singo L,

Sithole G K,

Sithole James,

Sithole S,

Svuure D,

Tarusenga U D,

Tekeshe D.,

Toffa J.,

Tongofa M.,

Tshuma D.,

Tsunga R,

Tsuura N.,

Tungamirai T.,

Wadyajena J M.,

Watson N J,

Zemura L,

Zengeya – Muradzikwa V

Zhemu S,

Zhou P,

Zhou T,

Zivhu K.,

Ziyambi ,

 

 

 

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

 

Absent with leave

 

Hon. Chinanzvavana; Hon. Mandiwanzira; Hon. Tsvangirai J.V.; Hon Chikukwa;

 

 

1.    The Speaker informed the House that on 3rd April 2019, Parliament of Zimbabwe  received a petition from Zimbabwe Election Support Network beseeching Parliament to review the electoral law and enact electoral reform laws. The petition was referred to the Portfolio Committee on Justice and Legal Affairs.

 

2.   The Speaker also informed the House that the Zimbabwe Women’s Parliamentary Caucus (ZWPC) would be launching a photobook of the 8th Parliament ZWPC on Thursday,16 May, 2019 from 0900 hours to 1100 hours in the Parliament Courtyard. All Members were invited to attend.

 

3.    Hon Mliswa raised a matter of privilege regarding Members of the Portfolio Committee on Mines and Mining Development who travelled to South Africa in violation of Standing Order number 23 (1).  He also raised allegations of tribalism on the composition of the delegation.   The Hon Speaker stated that he will study the matter and make a ruling.

 

4.    Questions without Notice.

 

5.    Questions with notice.

 

6.   The Minister of Finance and Economic Development made a Ministerial Statement on the State of the Economy.

 

And it being Five Minutes to Seven o'clock p.m., the Speaker interrupted business under consideration.

 

The Speaker adjourned the House without putting any question at five minutes to seven o'clock p.m.

 

 

 

 

 

 

Advocate j. F. MUDENDA,

                                                                                                                                    Speaker

 

 

   

THURSDAY, 16TH MAY, 2019

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         Committee: Tripartite Negotiating Forum Bill, (H. B. 5, 2018)- The Minister of

            Public service, Labour and Social Welfare).

 

(See Notice of Amendments)

 

2.                  Committee: Companies and Other Business Entities Bill (H.B.8, 2018) - The Minister of Justice, Legal and Parliamentary Affairs.

 

  (See Notice of Amendments)

 

 

3.                  SECOND READING: Consumer Protection Bill (H.B. 10, 2018) – The Minister of Industry and Commerce.

 

4.                  SECOND READING: Education Amendment Bill (H.B. 1, 2019) – The Minister of Primary and Secondary Education.

 

5.                  SECOND READING: Microfinance Bill (H.B. 11, 2018) – The Minister of Finance and Economic Development.

 

6.                  Adjourned debate on motion in reply to the Presidential Speech (Adjourned 14th

               May, 2019 – The Minister of Justice Legal and Parliamentary Affairs)

                                                              

                                                                            [Time elapsed: 14 hours 08 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. Kwaramba.

 

7.                  Hon. Mutomba

Hon. Chihwai

 

That this House takes note of the Report of the Speaker of the National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral Visit to the Shura Advisory Council, Doha, Qatar from 30 March to 4 April 2019.

 

8.                  Hon. Nduna

            Hon. Mboyi

 

That this House takes note of the Report of the Delegation to the Inter- Parliamentary Union meeting on the adoption of the Global Compact for safe, orderly and regular migration held from 6 to 7 December 2018 in Rabat, Morocco.

 

 

 

9.                  Hon. S. S. Khumalo

               Hon. A. Mpofu

 

That this House:

 

COGNISANT that Section 23 of the Constitution of Zimbabwe exhorts the State to take reasonable measures to economically empower and safeguard the welfare of Veterans of the Liberation Struggle;

 

ALSO COGNISANT that there are pieces of legislation which provide for the welfare of war veterans and ex-detainees, except for war collaborators;

 

DEEPLY CONCERNED with the deplorable living conditions of the majority of war veterans, war collaborators and ex-detainees;

 

NOW, THEREFORE, calls upon Government to:

 

(a)    Urgently table a bill or bills aligning the related pieces of legislation to the Constitution;

 

(b)   Recognise the respective contributions of war veterans, war collaborators and ex-detainees      during the liberation war; and

 

(c)    Prioritise the provision of reasonable pension and other benefits which take into account the prevailing cost of living.

 

10.             Hon. Mushoriwa

               Hon. Nyoni L.

    

WHEREAS Section 264 of the Constitution of Zimbabwe provides for governmental powers and responsibilities to be devolved to provincial and metropolitan councils and local authorities whenever appropriate;

AWARE that local authorities have a responsibility to maintain the road infrastructure within their jurisdictions;

CONCERNED with the massive deterioration of the road network in most local authorities especially in urban areas.

ALSO CONCERNED with the failure by local authorities to maintain roads due to the shrinking revenue base.

NOW, THEREFORE, this House resolves;

That Government urgently decentralise the collection of vehicle licence fees and road user charges currently collected by ZINARA to local authorities.

11.              Hon. Dr. Nyashanu

               Hon. Mhona

 

That this House;

 

INSPIRED by government’s commitment towards the achievement of Vision 2030 to transform Zimbabwe into a Prosperous and Empowered Upper Middle Income Society which resonates well with African Union Agenda 2063 and the 2030 Sustainable Development Goals;

 

ENCOURAGED by the Transitional Stabilization Programme which sets in motion the building blocks for the realisation of the 2030 country’s vision;

 

CONCERNED that previous government efforts to stimulate economic development and move the country out of the current economic challenges have yielded intermittent short term gains;

 

NOW, THEREFORE, calls upon government to immediately adopt an incentive regime for the productive sector aimed at promoting value addition, innovation, fusion of technologies and adaptation to the prevailing economic environment.

 

12.              Hon. Toffa

               Hon. Watson

 

      That this House;

      NOTING that 15% of the Zimbabwean population are people with   

      disabilities;

 

     CONCERNED with the conditions of extreme poverty and deprivation among the

     majority of people with disabilities;

 

ALSO CONCERNED by the absence of holistic solutions to alleviate poverty among them;

 

            NOW, THEREFORE, urges Government;

 

(a)To come up with a comprehensive national policy on persons with  

      disabilities;

 

(b)To Ensure regular disbursement of the monthly social grant to all people

      with disabilities; and

 

         (c)To Provide adequate amenities and facilities for people with disabilities in       public buildings, public transport, as well as the provision of amenities such as wheelchairs, computers and braille text books.

 

13.            Hon. Madzimure

               Hon.  C. Moyo

 

NOTING that cholera, dysentery and typhoid are prehistoric diseases associated with overcrowding, unplanned urban settlements and absence of social amenities;

CONCERNED about the recurrence of cholera, typhoid and dysentery in Zimbabwe;

ALSO CONCERNED by the government`s failure in addressing the dilapidated water and sewer infrastructure in urban areas in order to eliminate these diseases.

NOW, THEREFORE, this House,

 

(a)    Calls upon the Government to urgently find a solution to the problem of cholera; and

 

(b)   Urges the Ministry of Finance and Economic Development to allocate adequate resources to deal with the water and sewer infrastructure challenges as an intermediate solution to the problem.

 

14.              Hon. Kashambe

              Hon. J. Paradza

 

            That this House;

 

AWARE that Zimbabwe has generally a young population with the 2012 National Population Census estimating the population under the age of 35 years to be at 77% and the youth aged 15 to 34 years constituting 56% of the economically active population;

 

ALSO AWARE that the majority of the youth are the hardest hit in terms of unemployment as the 2012 National Population Census data showed that the youth aged 15-34 years constitutes 84% of the unemployed population;

 

MINDFUL of section 20 of the Constitution of Zimbabwe which compels all institutions and agencies of government at every level, to take reasonable measures including affirmative action programmes, to ensure that the youth, among other things, are afforded opportunities of employment and other avenues of economic empowerment as well as representation in political, social, economic and other spheres of life;

 

 

APPRECIATING Government efforts in establishing Vocational Training Centres with a view to ensuring that the youth are equipped with the essential skills and also establishment of the Empower Bank which provides starter-up funds for youth projects;

 

                                                                          

 NOW, THEREFORE, calls upon Government to:

 

(a)    Immediately review requirements for accessing funding under the Empower

Bank to make them more friendly to the youth;

 

(b)   Review the Zimbabwe National Council Act to make it more responsive to

the needs of the youth, including the provision for a youth quota in all leadership positions in both the public and private sectors; and

(c)    Take the necessary measures to ensure the fulfilment of the requirements of

the provisions of Section 20 of the Constitution of Zimbabwe.

 

15.              Hon.  Mliswa

               Hon. Misihairabwi-Mushonga

 

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 fulfill 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.

 

16.               Hon. Chikwinya

               Hon. Sikhala

 

      That this House;

CONCERNED with the highly contested elections in Zimbabwe since the 1990s which are divisive and a source of polarisation and conflict in Zimbabwe;

 

DETERMINED to provide a permanent solution to the challenge and disease of electoral authoritarianism and heavily contested elections;

 

NOW, THEREFORE, resolves that the Joint Parliamentary Legal Committee and Portfolio Committee on Justice Legal and Parliamentary Affairs: 

 

(a)    Conduct a review of the existing electoral laws in Zimbabwe; and

 

(b)   Recommend electoral legislative reform aimed at creating an environment for holding free, fair, just and credible elections.

 

17.               Hon Mutomba

      Hon Chibaya

 

That this House, takes note of the Report of the 139th   Assembly of the Inter-Parliamentary Union (IPU), Geneva, Switzerland from the 14th to 18th October, 2018.

 

18.              Hon Matangira

              Hon Mhona

            That this House;

NOTING that agriculture is the mainstay of Zimbabwe’s economy;

FURTHER NOTING that climate change is negatively affecting agricultural production through intermittent rainfall patterns and excessively high temperatures;

CONCERNED that the Meteorological Department forecast an El Nino induced drought during the 2017/2018 farming season;

ALSO CONCERNED by the death of 3 430 cattle due to tick-borne diseases between November 2017 and May 2018 leading to loss of draught power;

NOW, THEREFORE, calls upon Government to:

(a)    Conduct awareness programmes on the forecast drought and encourage farmers to practice conservation farming;

 

(b)   Provide financial resources to the Department of Veterinary Services for the   

control of tick-borne diseases and awareness programmes; and

 

(c)    Provide tillage tractors under the Command Agriculture Programme to farmers

in the most affected regions.

 

 

19.              Hon Chombo

               Hon  Zengeya

            That this House;

 

COGNISANT that the 16 days, from 25 November to 10 December mark a period of a global campaign against gender based violence mainly perpetrated on women and girls.

 

ACKNOWLEDGING Government’s commitment in addressing violence against women through ratification of both international and regional instruments such as the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the SADC Protocol on Gender and Development;

 

ALSO ACKNOWLEDGING that the Government has set up a number of legal frameworks, which include among others the Domestic Violence Act, the Criminal Law and Codification Reform Act and the Constitutional provision of the Bill of Rights as some of the laws that are meant to curb violence against men and women;

 

CONCERNED that most violence that prevails unabated in society is worst felt at household levels where the silent victims are subjected to sexual violence, harassment, inequality in the distribution of family financial resources;

 

SUPPORTIVE of this year’s international theme which is “#End Gender Based Violence in the World” and further localized by Zimbabwe to “# Creating zero tolerance to sexual harassment at the workplace”

 

DESIROUS to see an end to all forms of violence in society and most particularly against the female folk who are mostly vulnerable to attacks by their male counterparts.

 

NOW, THEREFORE, in fulfillment of the 2030 Agenda for Sustainable Development, this House calls upon-:

 

(a)    The government to put in place adequate measures such as domestication of Instruments that promote a conducive environment to decisively discourage any form of violence at work places and in the homes;

 

(b)   The Women’s Organizations come out in full support and strongly condemn violence against women and girls in all its forms during the 16 days of activism against gender based violence and beyond; and

 

(c)    That deterrent sentences be put in place to punish gender based violent crimes even long after the 16 days of activism against gender based violence campaign are over.

 

20.             Hon. O. Mguni

             Hon. Ndebele

 

ACKNOWLEDGING that the SADC Summit of Heads of State and Governments held in 1997 approved the establishment of the SADC Parliamentary Forum as, “A SADC Institution under Article 9(2) of the Treaty”, with the ultimate objective of establishing a SADC Regional Parliament;

NOTING that since its establishment the SADC Parliamentary Forum has been operating primarily as a deliberative body that provides a platform for Parliaments and Parliamentarians to promote regional integration, economic co-operation, good governance, human rights and democracy in the Region;

APPRECIATING that despite its status as a deliberative body, the SADC Parliamentary Forum has not only brought Parliamentarians together to deliberate on issues of common regional interest, but has also contributed significantly to regional integration, democracy and good governance through the development of, among other things, Benchmarks for Assessing Democratic Elections in Southern Africa, the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage and, more recently, the Model Law on Elections;

COGNISANT that Zimbabwe has signed the revised Protocol to the Constitutive Act of the African Union Relating to the Pan- African Parliament adopted by the African Union Assembly on 27th June 2014 (commonly referred to as the Malabo Protocol) which, upon ratification by the requisite number of Member States, will give PAP full legislative powers, and yet the SADC Region remains the only Region without a firmly established Regional Parliament with a clear constitutive protocol outlining its roles and functions;

REAFFIRMING the need to establish a Regional Parliament as envisaged by the SADC Summit, which will be an organ of the Summit, taking policy direction from the Summit thereby not interfering with the sovereignty of Member States and/or Member Parliaments;

AWARE THAT the Regional Parliament, which will be established at minimal cost to Member States, will play an active role in support of Summit decisions vis-à-vis signed protocols which may require ratification by Member Countries as well as in crafting model laws for the Region in order to enhance the legislative agenda among Member countries;

REALISING that issues of common regional interest, among them Ratification and Domestication of Protocols, Gender Parity and Equity, ICTs, Cyber Warfare and Terrorism, can be better championed by a united Regional Parliament; and 

COGNIZANT that, the 38th Summit of Heads of State and Government held in Windhoek, Namibia, in August 2018, directed Member States to consider the Transformation Proposal for further deliberation at the Council of Ministers Meeting scheduled in March 2019.

               NOW THEREFORE CALL UPON THE EXECUTIVE TO:-

(a)    Submit, through the Ministry of Foreign Affairs, an affirmative statement pledging Zimbabwe’s support for the transformation of the SADC PF into a Regional Parliament.

(b)   Lend its support to the development of a constitutive protocol for the SADC Regional Parliament which will clearly outline its roles, functions and Terms of Reference and ensure that it does not undermine Member Parliaments’ or Member States’ sovereignty; and

(c)    Push for the establishment of formal linkages between the Summit and the SADC PF which guarantee that the Forum plays a coordinate and complementary role to the Summit.

URGES Summit of Heads of State and Government to discuss the matter with an open mind noting that the proposed Parliament will work under the direction of Summit.

21.               Hon. Mushayi

     Hon.Tsunga 

           

                That this House:

 

 

DEEPLY DISTURBED by reports of rampant abuse of women and girls including, indecent assault, rape and other sexual acts allegedly committed by members of the security forces;

 

APPALLED that some of the heinous acts are being allegedly committed without protection and in the presence of children;

 

WORRIED that the culture of fear and despondency has been instilled into this group;

 

CONCERNED that a culture of paying a blind eye to these human rights abuses by state agencies has resulted in the failure to bring to book;

 

DISMAYED that there is no appropriate remedial action as the victims cannot report to the same institutions whose members are allegedly responsible for the same acts;

 

COGNISANT of the culture of impunity pervading the institutions in question;

 

RECOGNISING that other alleged grave injustices such as mass arrests unjustified denial of bail and fast track trials undermine the justice delivery system;

 

 

NOW THEREFORE calls on the Executive to:

  

(a)     Expeditiously act to put a stop to these grave injustices and abuses;

 

(b)     Uphold the rule of law and create an environment for reports to be made; and

 

(c)   Expedite the enactment of an independent complaints mechanism in    

accordance with the provisions of Section 210 of the Constitution.

 

Amendment proposed by Hon. Masiya:

 

 

To delete all the words after "That this House" and substitute with:- the following 

 

“NOTING WITH CONCERN that the sanctions which were imposed on Zimbabwe by Western countries are unjustified as they are meant to cripple the economy, as part of the regime change agenda.

AWARE that there are certain elements within the country, operating in collaboration with some multi-national companies and non-governmental organisations, that are being used by neo-colonialists to cripple the economy as part of that grand regime change agenda;

APPRECIATING the professionalism, responsiveness and dedication to duty, demonstrated by our security forces in defending the country during the well calculated destabilization acts of terrorism unleashed in some urban areas under the façade of a job stay away from 14 to 16 January 2019;

COGNISANT that the current government was given a clear mandate to govern the country through the 31st July 2018 harmonised elections which were credited for being peaceful, free, fair and credible as confirmed by the Constitutional Court and any attempts to remove a constitutionally elected government by unconstitutional means is highly uncalled for;

RECOGNISING the critical role played by our security forces in defending the country against any internal and external destabilization efforts;

 

NOW, THEREFORE, calls upon:

 

(a)    Parliament to condemn in the strongest terms, the recent violent     

        demonstrations which resulted in unwarranted destruction of property and

         loss of life;

 

(b)   Government to ensure security forces are provided with the necessary budgetary support to be able to deal with any threats of peace and security in the country.

 

(c)    Government to expeditiously investigate the looting and wanton destruction of property and ensure rogue elements are brought to book in accordance with the law”.

 

22.            Hon. Shamu

            Hon. P. Moyo

 

            That this House:

 

COGNISANT of the invaluable contributions of pensioners to the socio-economic development of Zimbabwe;

 

ALSO COGNISANT that ZimStats recorded a year on year inflation rate of 31 percent in November 2018;

 

CONCERNED that the National Social Security Authority (NSSA) currently pays out minimum monthly pension benefits of $80.00 per individual;

 

DEEPLY CONCERNED that the majority of pensioners are living in conditions of extreme poverty as they can no longer afford basic needs such as food, clothing and medical services;

 

NOW THEREFORE calls upon government to urgently review upwards NSSA pension pay-outs from a minimum of $80.00 to $200.00 and establish a National Health Insurance Scheme.

 

23.              Hon O. Mguni

            Hon Kwaramba

 

            That this House:

ACKNOWLEDGING That section 124 (1) (b) of the Constitution of Zimbabwe in the first 10 years of its existence provided for an additional 60 seats for women as part of efforts to enhance women representation in Parliament.

 

ALSO ACKNOWLEDGING that section 120 (2) (b) of the Constitution provides for senators elected under a party list system of proportional representation in which party lists submitted by parties should have male and female candidates listed alternately and headed by a female;

 

COGNISANT that the SADC Parliamentary forum had recently applauded Zimbabwe for taking such an initiative and encouraged all Member States to adopt the Zimbabwean initiative in order to empower women in their respective Parliaments.

 

NOTING that the representation of women has significantly increased from 18. 2% in 2008 to 34, 29% in 2018 mainly due to these progressive Constitutional provisions.

 

REALISING that the achievements gained through the Constitutional provisions are likely to be reversed at the expiry of the 10-year constitutional provision for 60 women seats given that the political terrain is still highly uneven to achieve gender equality.

 

NOW, THEREFORE, calls upon the Ministry of Justice, Legal and Parliamentary Affairs to initiate a Constitutional amendment to remove the 10-year cap for the women's quarter in the National Assembly so that Zimbabwe remains a leader in promoting women empowerment within the SADC region.

 

24.              Hon. R. Nyathi

Hon. Raidza

 

NOTING the importance of traditional leadership in the country.

 

COGNISANT of the role traditional leaders play in culture and heritage

 

CONCERNED with very poor remunerations and benefits of traditional leaders,

 

AWARE that Section 284(1) of the Constitution of Zimbabwe states that an Act of Parliament must provide for the remuneration and benefits of traditional leaders to be fixed with the approval of the President given on the recommendation of the Minister responsible for Finance and after consultations with the Minister responsible for traditional leaders

 

NOW, THEREFORE calls upon the Minister of Finance and Economic Development and The Minister of Local Government, Public Works and National Housing to urgently review the remunerations and benefits of traditional leaders for the approval of the President.

 

25.          Hon. R. Nyathi

Hon. A.Mpofu

 

COGNISANT that section 82 of the Constitution of Zimbabwe provides for the rights of the elderly which among others include the right to receive financial support by way of social security and welfare;

 

 

NOTING WITH CONCERN that most of the elderly are living in abject poverty due to the disintegration of the concept of extended family;

 

 

NOW, THEREFORE, This House calls upon the Executive:

 

(a)    To come up with a comprehensive national policy for the supporting the elderly in order to preserve the dignity of life; and

 

(b)   To ensure monthly disbursements of social grants for the elderly.

 

 

26.              Hon Chikudo

Hon Mangora

 

COGNISANT that Zimbabwe joined the rest of the world in commemorating the United Nations International Anti- Corruption Day on 9 December 2018 to sensitize the people about the adverse effects of corruption;

 

DISTURBED that in 2018, Zimbabwe was ranked Number 160 out of 180 countries on Corruption Perceptions Index by Transparency International, which is three steps down from 2017;

 

NOTING WITH CONCERN that corruption costs the nation at least 5% of GDP thereby negatively affecting service delivery and the achievement of the Sustainable Development Goals and also the country’s vision 2030;

 

CONCERNED that the vulnerable groups in society such as the poor, women, children, youths, people living with disabilities and the elderly mostly bear the burden of corruption;

 

ALSO CONCERNED that corruption greatly undermines the existence of state institutions, the administration of justice and as a result, threatens the stability and security of our great nation;

 

NOW. THEREFORE, This House calls upon the Executive-

 

(a)    To fully implement the United Nations Convention against Corruption ratified in 2007 and the Public Entities and Corporate Governance Act passed in this august House in 2018; and

 

(b)   To strengthen institutions responsible for fighting corruption such as the Zimbabwe Anti-Corruption Commission, the National Prosecuting Authority and the Office of the Auditor General through provision of adequate financial, human and material resources and support.

 

 

27.              Hon. D. Sibanda

            Hon. K.  Paradza

 

                                                                                                                                               That this House;

 

COGNISANT of the sanctity of the right to life and that it should be enjoyed by every human being;

 

FURTHER COGNISANT that some innocent people are given a death penalty after they fail to defend themselves and prove their innocence in a court of law; and

 

AWARE that the death penalty has been a contentious issue the world over with a number of countries opting to scrap it from their statutes;

 

NOW, THEREFORE, this House calls upon the Executive to abolish the death penalty.

 

28.         Hon. Mayihlome

            Hon. Mguni S.K.

 

            That this House;

 

ACKNOWLEDGING the need for government to ensure food security in the country by providing optimum support to the agriculture sector;

 

AWARE that the country is divided into the five ecological regions with regions one to three supportive of crop farming while four and five are suitable for livestock production;

 

APPRECIATING government efforts in empowering the farmers through the provision of inputs support under the Command Agriculture Programme as part of efforts in ensuring that the country is food secure;

 

COGNISANT that some farmers in certain provinces have benefited under the Command Livestock but however some farmers in other provinces are yet to benefit under the Programme;

 

NOTING that the crop farmers have considerably benefitted under the Command Agriculture compared to livestock farmers taking into account the widespread distribution of crop inputs and the gestation period;

 

NOW THEREFORE this House calls upon the Government to:

 

(a)     Put in place a Land Bank which provide equitable support to both cropping and livestock farmers;

(b)   Urgently revive the Cold Storage Company or establish a livestock commodity board to promote the marketing of livestock products; and

(c)    Facilitate the export of livestock products by exploring non-traditional foreign markets.

 

 

29.       Hon. Houghton

     Hon. P. Dube

 

NOTING that the tourism sector is a major contributor to the development of the country’s economy;

 

COGNISANT that Kariba constituency boasts of abundant tourism resources;

 

 

ALSO NOTING WITH CONCERN the extreme marginalization and neglect of the Omay region of the Kariba Nyaminyami rural area;

 

NOW, THEREFORE this House, calls upon the Executive:

 

To full exploit the tourism resources for Kariba town and the surrounding areas and ensure that the people derive benefits from their resources.

 

30.         Hon. Matangira

Hon. T. Moyo

 

That this House;

CONCERNED that Zimbabwe continues to experience perennial challenges of hunger even during years of good rains;

ALSO CONCERNED that the country’s agro-business remains highly uncompetitive in the region due to the reluctance by government to embrace technological advancement in the sector such as Genetically Modified Organisations (GMOs); and

FURTHER CONCERNED that the market is currently flooded with processed food products with GMOs from surrounding countries, thereby further crippling the agriculture sector.

NOW THEREFORE; calls upon government to review the agricultural policy and embrace the technology of GMOs in order to improve agricultural productivity

 

31.           Adjourned debate on motion on the Report of the delegation to the 2018 Annual Session of the Parliamentary Conference on the World Trade Organisation (Adjourned 14th May, 2019 – The Deputy Minister of Mines Mining Development)

 

[Day elapsed: 2]

 

Question proposed: That this House takes note of the Report of the delegation to the 2018 Annual Session of the Parliamentary Conference on the World Trade Organisation, held from 6th to 7th December 2018. - Hon. K. Paradza.

 

32.       Adjourned debate on motion on the Report of the 44th Plenary Assembly of the 

SADC Parliamentary Forum held at Joachim Chissano International Conference Centre in Maputo, Mozambique (Adjourned 14th February, 2019 - Hon. Togarepi)

 

[Day elapsed: 11]

 

Question proposed: That this House takes note of the Report of the 44th Plenary Assembly of the SADC Parliamentary Forum held at Joachim Chissano International Conference Centre, Maputo, Mozambique from 26 November to 8 December 2018- Hon. Ndebele.

 

33.       Adjourned debate on motion on the destruction of timber plantations by

            surrounding communities (Adjourned 31st January, 2019 - Hon. Muchimwe)

 

[Days elapsed: 18]

 

            Question proposed: That this House;

 

CONCERNED with the rampant destruction of timber plantations by surrounding communities who indiscriminately set veld fires while poaching animals in these plantations;

 

DESIROUS to see an end to this unwarranted environmental destruction which has seen large timber plantations depleted;

 

NOW, THEREFORE, calls upon Government to enforce relevant legislation to ensure protection of timber plantations. – Hon. Muchimwe

 

 

 

34.              Committee of Supply.

 

 

WEDNESDAY, 22ND MAY, 2019

 

QUESTIONS FOR ORAL ANSWERS

 

v  QUESTIONS WITHOUT NOTICE

 

      *    QUESTIONS WITH NOTICE

 

 

 

 

*1.       Hon. Mlambo:  To ask the Minister of Health and Child Welfare to explain to the House what action government is ensure adequate medical supplies in hospitals given that Chipinge District Hospital has a critical shortages of medical supplies including bandages and paracetamol.

 

[Deferred 21st November 2018]

 

*2.       Hon Dinar: To ask the Minister of Health and Child Care to state measures being taken to ensure the availability of critical medicines in the country.

 

[Deferred 21st November 2018]

*3.       Hon. Mangoro: To ask the Minister of Health and Child Care to state when the ministry would allocate an X-ray and dialysis equipment to Marondera Provincial Hospital.

[Deferred from 20th March 2019]

*4.       Hon. Mangoro : To ask the Minister of Health and Child Care to explain measures being taken to ensure that treatment for cancer and diabetes is affordable for ordinary Zimbabweans.

[Deferred from 20th March 2019]

 

*5.     Hon Raidza: To ask the Minister of Health and Child Care to state when donated

Solar refridgeration systems will be installed at clinics in  Mberengwa East.

 

[Deferred from 20th March 2019]

 

*6.       Hon. Zhemu Soda:  To ask the Minister of Transport and Infrastructural Development to outline the Ministry’s plan for the re – construction of the  Chimoyo – Karezo bridge across Hoya River and the surfacing of the Muzarabani – Chadereka road.

 

            [Deferred 21st November 2018]

 

*7.       Hon. Shoko:  To ask the Minister of Transport and Infrastructural Development when the expansion of the Chirundu – Masvingo – Beitbridge Highway will resume.

 

[Deferred 21st November 2018]

*8.       Hon. Chibaya:  To ask the Minister of Transport and Infrastructural Development when ZINARA will release money to the city of Gweru to resurface roads in Mkoba Constituency.  

 

[Deferred 21st November 2018]

 

*9.       Hon. Mayihlome:  To ask the Minister of Transport and Infrastructural Development to explain why the Ministry is not installing tollgates in urban areas to ensure that the user pays principle applies.

 

[Deferred 21st November 2018]

*10.     Hon. Mayihlome:  To ask the Minister of Transport and Infrastructural Development to give a breakdown of the ZINARA beneficiaries by local authority from 2015 to 2017and state the criteria used in the disbursements.

 

[Deferred 21st November 2018]

*12.     Hon. Maronge: To ask the Minister of Transport and Infrastructural Development to outline government plans for the construction of a new bridge across Tetenu River, near Nyajena Rural District Hospital.

 

[Deferred 21st November 2018]

 

*13.     Hon. Maronge: To ask the Minister of Transport and Infrastructural Development to state when the tarring of the Mashate-Renco Mine Road in Masvingo South Constituency will be completed.

[Deferred 21st November 2018]

 

*14.     Hon.  Moyo P:  To ask the Minister of Transport and Infrastructural Development to explain why the National Railways of Zimbabwe, has not handed over land, community halls and clinics in Rugare and Lochnivar areas to Harare City Council considering that the facilities are deteriorating due to poor maintenance.

[Deferred 21st November 2018]

*15.     Hon Munetsi:  To ask the Minister of Transport and Infrastructural Development to state when Headlands – Chendambuya – Moyo – Chikore road would be surface.

[Deferred from 5th December 2018]

*16.     Hon. Kashambe: To ask the Ministry of Transport and Infrastructure to explain why the tollgate located along Seke road could not be relocated to Kandava as requested by residents.

 

[Deferred 21st November 2018]

*17.     Hon Chombo: To ask the Minister of Transport and infrastructural Development when the Banket-Raffingora-Guruve and the Mutorashanga -Mapinga roads in Zvimba North Constituency will be repaired.

 

[Deferred 21st November 2018]

*18.     Hon Chombo: To ask the Minister of Transport and Infrastructural Development when the ZINARA graders that were parked at Raffingora Zimbabwe Republic Police depot six months ago will be repaired.

 

[Deferred 21st November 2018]

 

*19.     Hon Ngwenya: To ask the Minister of Transport and Infrastructural Development when the Musadzi-Tafara-Gandavaroyi, Musadzi-Muchichiru-Gandavaroi, Tchoda-Peter Store roads in Gokwe- Gumunyu Constituency will be repaired.

 

[Deferred 21st November 2018]

*20.     HON. KHUMALO S. S: To ask the Minister of Transport and Infrastructural Development to state when the Bulawayo-Nyamandlovu-Tsholotsho road will be expanded in view of the increased volume of traffic.

[Deferred 21st November 2018]

*21.     HON. KHUMALO S. S: To ask the Minister of Transport and Infrastructural Development to state when tar surfacing of the Tsholotsho-Sipepa-Lupane Road will be completed.

[Deferred 21st November 2018]

*22.    Hon. Karenyi: To ask the Minister of Transport and Infrastructural Development House to state whether there are plans to install proper infrastructure at the 25 km Tollgate along the Masvingo-Mutare Road, near Roy Shopping Centre to ensure security of officers and revenue collected.

 

[Deferred from 5th December 2018]

*23.  Hon. Saruwaka: To ask the Minister of Transport and Infrastructural Development to state whether the Ministry could consider construction of humps at Watsomba Service Centre in Mutasa Central Constituency along the Nyanga- Mutare Highway since the area has become a death trap for crossing pedestrians.

[Deferred from 5th December 2018]

 

*24.    Hon. Saruwaka: To ask the Minister of Transport and Infrastructural Development when the Ministry will repair the Nhodo Section, along the Bonda Road, between Knowstics Boys High School and Bonda Girls High School in Mutasa Central Constituency.

[Deferred from 5th December 2018]

*25.     Hon. Mkaratigwa: To ask the Minister of Transport and Infrastructural Development whether the Ministry could consider:

 

(a)    construction of new roads in ward 2 and upgrading of existing ones in wards 8, 22, and 23 and most resettlement areas in Shurugwi South Constituency; and

 

(b)   tarring of Lalapanzi to Mashaba road in the same constituency.

 

[Deferred from 30th January 2019]

 

*26.     Hon. Mkaratigwa: To ask the Minister of Transport and Infrastructural Development when the Ministry will construct the following bridges in Shurugwi South Constituency:

(a)    bridge linking Tugwi and Batania areas and Gwanza and Rockford areas;

(b)   across Mapongogwe; Kashambe; Jakarazi, Runde, Tugwi rivers.

 

[Deferred from 30th January 2019]

*27.     Hon. Nyathi R. R.: To ask the Minister of Transport and Infrastructural Development to state when the 2km road construction from Chachacha -Donga to Tongogara Rural District Council in Shurugwi will be completed.

[Deferred from 30th January 2019]

 

*28.     Hon. Nyathi R. R.: To ask the Minister of Transport and Infrastructural Development to explain why ZINARA has not yet paid $150 000 which was promised to Tongogara Rural District Council- Shurugwi at the beginning of 2018 to purchase road construction equipment.

[Deferred from 30th January 2019]

 

*29.     Hon. Houghton: To ask the Minister of Transport and Infrastructural Development when the road from Karoi to Mola in the Kariba Nyaminyami Rural District will be upgraded with particular attention to the section between Siakobvu and Mola.

[Deferred from 30th January 2019]

*30.     Hon. P. Masuku: To ask the Minister of Transport and Infrastructural Development to explain whether the ministry could make it mandatory for all buses to be installed with speed limit devices to curb road carnage.

 

*31.   Hon Raidza:To ask the Minister of Transport and Infrastructural Development to

state when the tarring of Zvishavane-Rutenga road will commence.

 

[Deferred from 20th March 2019]

 

*32.     HON. A. MPOFU: To ask the Minister of Transport and Infrastructural Development to state whether there are plans to construct a bridge across the Mwenezi River at either Vambare Primary School crossing point or Matehwa Business Centre in Mberengwa South constituency

[Deferred from 20th March 2019]

*33.     Hon. T. Karikoga: To ask the Minister of Transport and Infrastructural Developments to explain whether there are plans to rehabilitate the Empress to Ganyungu road in Gokwe.

[Deferred from 20th March 2019]

*34.     Hon. Chidziva:  To ask the Minister of Finance and Economic Development whether is it government policy to change bank balances from one currency to another taking into consideration that foreign currency accounts opened in 2009 were in US dollars and were pegged 1:1 with the bond note.

 

[Deferred 21st November 2018]

 

*35.     Hon. Biti:  To ask the Minister of Finance and Economic Development to update the House on the following;

 

a)      The budget deficit between January and August 2018;

b)      The amount of money borrowed and from where during the same period;

c)      The amount of Treasury bills issued and what they were used to finance;

d)     The amount of money spent on wages and pensions during this period;

e)      The percentage of the total expenditure of the wage bill;

f)       The amount of money spent on loan repayment and interest;

g)      The amount borrowed from the Central Bank from 2014 to 2018;

h)      The size of the domestic debt and its breakdown, and

i)        The amount spent on and recovered from Command Agriculture from 2016 to 2018.

[Deferred 21st November 2018]

 

*36.     Hon. Banda:  To ask the Minister of Finance and Economic Development to state the sovereign debt of Zimbabwe.

[Deferred 21st November 2018]

 

*37.     Hon. Banda:  To ask the Minister of Finance and Economic Development to explain why the Minister has not been reporting to Parliament since 2014, on the performance of loans raised and guaranteed by the state in accordance with Section 300 (4) (a) of the Constitution.

[Deferred 21st November 2018]

 

*38.     Hon. Banda:  To ask the Minister of Finance and Economic Development to update the House on loans raised and guaranteed by the state.

 

[Deferred 21st November 2018]

 

*39.     Hon. Banda:  To ask the Minister of Finance and Economic Development to give a breakdown of the amounts allocated to provinces and local authorities as stipulated in Section 301 (3) of the Constitution from 2014 to 2018.

 

[Deferred 21st November 2018]

 

*40.     Hon. Banda:  To ask the Minister of Finance and Economic Development to state the amount of money owed to the African Import and Export Bank by the Government of Zimbabwe.

[Deferred 21st November 2018]

 

*41.     Hon. P.  Masuku:  To ask the Minister of Finance and Economic Development to inform the House on the amount of money used to purchase vehicles for Chiefs in 2018.

 

 

[Deferred 21st November 2018]

*42.     Hon. Shoko:  To ask the Minister of Finance and Economic Development when the other Commission of Inquiry that looks at the payment modalities for persons and insurance losses incurred during the economic meltdown of 2005 – 2008 will be constituted as recommended by the first commission of inquiry report.

 

[Deferred 21st November 2018]

 

*43.     Hon. MADZIMURE: To ask the Minister of Finance and Economic Development to explain Measures being taken against some business people who are operating a four-tier pricing system.

[Deferred 21st November 2018]

 

*44.     Hon Moyo C:  To ask the Minister of Finance and Economic Development to explain to why Bulawayo City Council is charging four categories of Value Added Tax(VAT) per billing that is, sewage fixed VAT, solid waste management VAT, Sewerage domestic VAT and VAT.

[Deferred 21st November 2018]

 

*45.     Hon Gonese: To ask the Minister of Finance and Economic Development to state whether ZANU PF party paid custom duty for the vehicles imported for the 2018 election campaign and if so, to provide the evidence of such payment and state the total amount paid in that regard.

[Deferred 21st November 2018]

*46.     Hon Gonese: To ask the Minister of Finance and Economic Development to state the amount paid by the Government to hire a private Gulfstream jet for the former First Lady, Grace Mugabe to attend her mother's funeral.

 

[Deferred 21st November 2018]

*47.     HON. I. NYONI: To ask the Minister of Finance and Economic Development whether the two percent intermediated money transfer tax is chargeable on customs duties, Value Added Tax (VAT), Payee and fines.

[Deferred from 5th December 2018]

*48.     Hon. Chikudo: To ask the Minister of Finance and Economic Development to provide Statistics of all mega deals signed by Government in the last 10 years and an update in terms of their implementation.

[Deferred from 5th December 2018]

*49.     Hon. Chikudo: To ask the Minister of Finance and Economic Development to give an update of the revenue realized by government through the Intermediated Money Transfer tax by source and on a daily basis since the inception of S. I. 205 of 2018 and how it has been utilized.

[Deferred from 5th December 2018]

*50.     Hon. Chikudo: To ask the Minister of Finance and Economic Development whether the Ministry could consider converting into equity pension savings still stuck in long term non liquid assets date backing to 2009 in order to unfairly deprive pension funds contributors.

[Deferred from 5th December 2018]

*51.       Hon. Chidziva: To ask the Minister of Finance and Economic development to explain to the house government policy on supporting local investors.

[Deferred from 20th March 2019]

 

*52.     Hon. Watson: To ask the Minister of Youth, Sport, Arts and Recreation to inform the House on sporting disciplines that are financially supported by the Ministry when representing Zimbabwe in international competitions.

[Deferred from 20th March 2019]

 

 

*53.     Hon. P. Masuku: To ask the Minister of Home Affairs and Cultural Heritage to state when the Zimbabwe Republic Police would resume patrols on the country’s highways in order to reduce high crime rate.

[Deferred from 20th March 2019]

*55.     Hon. P. Masuku: To ask the Minister of Home Affairs and Cultural Heritage to explain whether the Ministry could consider putting in place stringent measures against Public bus operators who do not observe approved time tables on the designated routes.

[Deferred from 20th March 2019]

*56.   Hon Raidza: To ask the Minister of Home Affairs and Cultural Heritage to explain

measures being taken to improve the living conditions of the ZRP staff at Buchwa

Police Station.

[Deferred from 20th March 2019]

 

*57.     Hon. Watson: To ask the Minister of Home Affairs and Cultural Heritage to provide statistics of the number of children aged twelve years and below and the people aged thirteen tears and above who do not have birth certificates.

[Deferred from 20th March 2019]

*58.     Hon. A. Mpofu: To ask the Minister of Home Affairs and Cultural Heritage to inform the House on Ministry’s plans to provide adequate accommodation to Police Officers at Mataga Police Station in Mberengwa.

[Deferred from 20th March 2019]

*59.     Hon. Mayihlome: To ask the Minister of Home affairs and Cultural Heritage to explain why the Police insists on the ZRP boundaries for clearing livestock instead of making use of nearest police stations.

[Deferred from 20th March 2019]

*60.     Hon. Mkandla M: To ask the Minister of Home Affairs and Cultural Heritage to state measures being taken to provide houses to Police Officers being transferred to other stations.

                                                                                                [Deferred from 8th May 2019]

 

*61.   Hon Raidza: To ask the Minister of Primary and Secondary to state whether

Mbuyanehanda High School in Mberengwa East Constituency will be turned into a

boarding school since there is no boarding school in the area.

 

[Deferred from 20th March 2019]

 

 

*62.     Hon. Watson: To ask the Minister of Primary and Secondary Education to:

 

(a)               update the House on the provinces which are going to benefit from the construction of primary schools under the Ministry’s 100-day plan; and

(b)              to state whether the construction has commenced and the expected total number of schools to be constructed.

[Deferred from 20th March 2019]

*63.     Hon. Chamisa: To ask the Minister of Primary and Secondary Education to explain whether the Ministry should consider construction of additional schools in Mbare high density suburb given the population density and availability of open spaces.

[Deferred from 20th March 2019]

*64.     HON. A. MPOFU: To ask the Ministry of Information, Media and Broadcasting Services to state when the Ministry would to install a Viewing Screen and establish an Information Centre at Mataga Business Centre in Mberengwa considering its remoteness area and poor television signal.

[Deferred from 20th March 2019]

*65.     HON. MPOFU A: To ask the Minister of Mines and Mining Development to update the House on progress made by the Judicial Manager to secure an investor for ZimAlloys to facilitate the operations at Inyala.

[Deferred from 20th March 2019]

 

 

 

*66.     Hon Raidza: To ask the Minister of Information Communication and Technology,

            Postal and Courier Services to state measures being taken by the ministry is doing to

            improve mobile Network connectivity in Mberengwa East Constituency.

 

[Deferred from 20th March 2019]

 

 

 

 

 

TUESDAY 4TH JUNE 2019

NOTICE OF MOTION

 

Hon. Karikoga

Hon. Chanda

 

That this House;

CONCERNED that the current fuel crisis in the country is adversely affecting all sectors of the economy,

DISTURBED that the shortages are a serious security concern which detractors may take advantage of, to destabilise the economy and undermine investor confidence in the country;

 

NOW, THEREFORE calls upon Government to formulate a policy that will curb the current bottle necks in the procurement of fuel and permanently resolve the fuel shortages.

 

notice of amendmentS

 

Companies and Other Entities Bill, (H B 8, 2018)

 

 

notice of amendment

Companies Bill, 2019 (H B 8, 2018)

INSERTION OF DEFINITION IN SECTION 2 (INTERPRETATION)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

 

 “beneficial owner” in relation to a company means a natural person who ultimately owns or controls the rights to or benefits from property or a person who exercises ultimate effective control over a legal person, and, more specifically, refers to a natural person who

       (a)       directly or indirectly holds more than 20 percent of the company’s shares; or

       (b)      directly or indirectly holds more than 20 percent of the voting rights; or

       (c)       directly or indirectly holds the right to appoint or remove a majority of directors; or

       (d)      otherwise exercises or has the right to exercise, significant influence or control.

 

 

 

 

BY HON. MATARANYIKA CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS.

 

Amendment of clause 2

      Clause 2 is amended—

(a)    by the deletion of the definition for “near relative”;

(b)   by the insertion of the following definition—

                         ““close relative” in relation to any person, means—

(a)    a spouse;

(b)   a child, step child, parent or step parent;

(c)    the spouse of any of the persons mentioned in paragraph (b);”.

 

Amendment of clause 4     

     Clause 4 is amended in sub clause (1) by the deletion of “Nothing in this Act contained

shall” and the substitution of “Nothing contained in this Act shall”.

 

Amendment of clause 11

      Clause 11 is amended in line 14 by the deletion of “may” and the substitution of

 “shall”.

 

 

amendment of clause 60

By The Minister Of JUSTICE, legal  AND PARLIAMENTARY AFFAIRS

On page 53 of the Bill, in line 1, delete section 60 (“Derivative actions”) and substitute with the following—

   60 Direct actions by a member 

(1) A member of a private business corporation or a company may bring an action in court in such person’s own name against any manager, officer or director referred to in sections 54 or 55 to enforce, or recover damages caused to him or her caused by violation of a duty incumbent upon any such manager, officer or director under this Act or any other law including laws against fraud or misappropriation. 

(2)An action under subsection (1) may be brought by one person in the person’s own name or by two or more persons in their names acting together.”.

 

On page 53 of the Bill, after section 60, the following is inserted and the subsequent sections are numbered accordingly—

61   Derivative actions by a member on the entity’s behalf

(1) A member or shareholder of a company or private business corporation may bring an action in court in such person’s name and on the company’s behalf against any manager, officer or director referred to in sections 54 or 55 to enforce, or to recover from that manager, officer or director damages caused to the company by violation of, duties owed by that manager, officer or director to the company under this Act or any other law including laws against fraud or misappropriation.

(2)   Such an action may be brought by one person in the person’s own name and on the company’s behalf or by two or more persons in their names acting together.

 (3)  An action may be brought under this section only in cases in which:

(a)    damage or a breach of duty to the company itself is claimed; and

(b)     the plaintiff was a member  or shareholder at the time of the acts which are complained of, or acquired that status as a result of a transfer of that person’s interest or shares from a person who had that status at that time; and

(c)     the plaintiff holds interests or shares representing at least ten per centum of the private business corporation or  company’s voting power (which in the case of a private limited company or limited company shall mean ten per centum votes of the ordinary shares), and where two or more plaintiffs bring the action together the holdings of all of them shall be counted for this purpose; and

(d)     the plaintiff has previously requested  the manager or controlling members of the private business corporation or board of company in writing to rectify the acts which are complained of,  and that request was refused or not responded to within thirty days (but the court on good cause shown to it may dispense with this requirement).  

(4)  Any complaint under this section shall include a copy of the request referred to in subsection (3) and details of all other efforts to have the private business corporation company itself bring the complaint, or shall state in detail why such a request would not succeed. 

(5)  A complaint under this section may not be discontinued or settled between the plaintiff and the defendant without the court’s approval given after full disclosure of the details of the proposed discontinuance or settlement. 

(6)  All damages received in a derivative case shall be the property of the company except that the plaintiffs who prevailed shall be paid their reasonable expenses, including legal fees, from the moneys paid by the defendants. 

(7) The amount of such expenses under subsection (6) must be approved by the court. 

 

62        Court Remedies in Deadlock, Fraud, Oppression and Other Situations; Piercing the Corporate Veil  

(1)   In a legal action by a member of a private business corporation or a company the court may order one or more of the remedies listed in paragraphs (2) and (3) of this section if it is established that: 

(a)    the managers or directors, or the member, of the entity are deadlocked, whether because of even division in their number or another reason, and irreparable injury to the entity is likely to be caused to the entity’s business or the business can no longer be conducted to the members’  advantage, or

(b)   the managers, directors or any other persons in control of the entity have acted illegally, fraudulently or oppressively toward the petitioning member. 

(2)   In an action under subsection (1) the court shall have the power to order one or more of the following remedies or similar remedies:  

(a)    dissolution or liquidation of the entity and if the court finds that the grounds stated above are curable, it may order a reasonable time period for cure;        

(b)   the performance, variance or setting aside of any transaction or other action of the entity or its members, managers or directors;

(c)    the cancellation or amendment of a provision of the entity’s constitutive documents;

(d)   the removal of any manager, director or officer, or the appointment of any person as a manager, director or officer;

(e)    an investigation of the financial effects of any matter in dispute, which may include a forensic audit;

(f)    the appointment of one or more inspectors to investigate the acts complained of or of a custodian to manage the business of the company for a term and under conditions determined by the court;

(g)   the submission of the dispute to mediation or other non-binding alternative dispute resolution;

(h)   the payment of dividends or other distributions;

(i)     the award of damages to any aggrieved party, or

(j)     the purchase by the company or another member or shareholder of all of the interests shares of the petitioning member or shareholder for their fair value as determined by the court.

 

(3)  If the court finds that –

(a)    the juristic form of the private business corporation or company has been abused by the board , manager, director or officer or any one or more members of the company or private business corporation , for their own or some other person’s advantage; or

(b)   any acts done or omitted to be done by or on  behalf of the private business corporation , or company  constitutes an unconscionable abuse of the juristic person of the private business corporation  or the company

 the court may declare the entity not to be a juristic person with respect to the said abuses, acts or omissions and to imputes those abuses, acts or omissions to the persons responsible for them in their personal capacities.”

 

 INSERTION OF NEW CLAUSE 72 (OBLIGATIONS TO MAINTAIN AND FILE BENEFICIAL OWNERSHIP INFORMATION)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 62 of the Bill, by the insertion of new subsections under section 71 as follows—

(9) With reference to subsection (2) (a) the nominee of a beneficial owner shall disclose the name and relevant particulars of the beneficial owner to the company or private business cooperation together with a written request that such beneficial owner and particulars not appear on the face of the shares or in the share certificate in the certificate of interest or in the register of shareholders or interest holders. Whereupon such company or private business corporation shall comply with such request but keep a separate register containing the names and relevant particulars of beneficial owners in question.

(10) The name and relevant particulars of the beneficial owners referred to in subsection (9) shall not be disclosed except with the consent of the nominee or by virtue of an order of a court of competent jurisdiction.

(11) Any company or private business cooperation that fails to keep the register of names and particulars of a beneficial owner referred to in subsection (9) shall be liable to a category 4 civil penalty order at the instance of the Registrar.

(12) An agreement under section 298 may give standing to a foreign company registry to apply to a domestic court for an order referred to in subsection (10).

(13) Every company or private business cooperation shall nominate a director or an officer who shall be responsible for maintaining the registers for beneficial owners, failure to comply with such shall render the company or private business cooperation concerned liable to a category 4 civil penalty.

 

On page 62 of the Bill, insert a new section after section 71, with the subsequent sections numbered accordingly—

“72 OBLIGATIONS TO MAINTAIN AND FILE BENEFICIAL OWNERSHIP INFORMATION

 (1) Every company shall maintain an accurate and up-to-date register of the beneficial owner or owners of the company, to be known as the Register of beneficial owners which register shall —

(a)    be kept, within Zimbabwe, and at the same office at which the register of members is kept; and

(b)   with respect to each director, record his or her first name and surname, any former first name and surname, an identification reference number appearing in his or her identity document, his or her full residential or business address and postal address and his or her nationality, as well as the nature and extent of his or her beneficial ownership in the company.

 (2) Every company shall file with the registrar, in prescribed form, accurate and up-to-date beneficial ownership information referred to in this section and shall within seven days of any change file updates as and when there is any material change to the information.

(3) Beneficial ownership information held and maintained in terms of this section, either by the company or by the registrar, shall be made available for inspection by the financial intelligence unit or by a law enforcement agency referred to in section 2 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24].

(4) The company shall appoint a person, resident in Zimbabwe, who shall be responsible for keeping custody of the beneficial ownership information register and who shall be authorized to make the information available to the financial intelligence unit or law enforcement authorities, upon request.

(5) The names and sufficient contact details of the person referred to in subsection (4) shall be recorded in the form filed by the company with the registrar in terms of subsection (3).

(6) Beneficial ownership and other company information held by the registrar, shall be public information and shall be available for inspection, whether electronically or physically

(a)    by members of the public; and

(b)   by a financial institution or a designated non-financial business or profession referred to in section 2 and section 13, respectively, of the Money Laundering and Proceeds of Crime Act [Chapter 9:24].

(7) The registrar or the financial intelligence unit may each, on its own behalf or on behalf of a law enforcement agency, seek beneficial ownership or other company information from their foreign counterparts, in respect of any company, and, likewise, may provide beneficial ownership or other company information to their foreign counterparts.

(8) The registrar and the financial intelligence unit and any competent authority which, through them, requests beneficial ownership and other company information from other countries, shall monitor the quality of the assistance given by the foreign authorities and shall keep records of such requests and responses.

(9) The company or its administrators, liquidators or other persons involved in the dissolution of the company, shall maintain beneficial ownership information records for a period of at least five years after the date on which the company is dissolved or otherwise ceases to exist.

        (10) Any person who fails to comply with the requirements of this section shall be guilty of an offence and shall be liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding five or to both such fine and such imprisonment.

 

 

BY HON. MATARANYIKA CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND LEGAL AFFAIRS.

 

Amendment of clause 135

      Clause 135 is amended by the deletion of paragraph (c) of sub clause (1) and the substitution

of the following—

    “(c) subject to sub-section (2), when resolving to award a capitalisation share, the board may

          at the same time resolve to permit any shareholder entitled to receive such an award to

          elect to receive payment in cash, at a value determined by the board.”.

 

Amendment of clause 136

      Clause 136 is amended—

(a)    by the deletion of the chapeau to sub clause (1) and the substitution of the following—

  “A company shall not make any proposed distribution of shares unless—”

(b)   by the deletion of paragraph (b) of sub clause (1) and the substitution

             of the following—

                 “(b) a company shall not make any proposed distribution of shares unless it reasonably appears that the company will satisfy the solvency and liquidity test 30 days after completing the proposed distribution.”.

 

Amendment of clause 151

      Clause 151 is amended by the deletion of sub clause (4) and the substitution of the

following—

           “(4) The signature of a director and secretary for the purpose of sub-clause (3) may be

         affixed to the certificate by autographic, electronic or manual means.”.

 

Amendment of clause 195

      Clause 195 is amended in sub clause (4)(b)(ii) by the deletion of “(5) If the board of a

company has made a decision in a manner that contravened this Act, as contemplated in

subsection (3)(e)—”.

 

Amendment of clause 277

      Clause 277 is amended the insertion of the following sub clause after sub clause (3)—

                  “(4) Any changes shall be filed with the Registrar of Companies, failure of which,

         civil penalties shall apply.”.

 

 

 

 

Tripartite Negotiating Forum Bill, 2018 (H.B.  5 , 2018)

 

amendment of clause 3 (establishment and functions of tripartite negotiating forum)

BY THE MINISTER OF Public Service, Labour and Social Welfare

On page 5 of the Bill, on line 29, delete in paragraph (a) of subclause (5) the figure “14” and substitute “seven”.

 

 

BY HON E NCUBE THE CHAIRPERSON OF THE PORTIFOLIO COMMITTEE ON PUBLIC SERVICE LABOUR AND SOCIAL WELFARE

 

Tripartite Negotiating Forum Bill [H. B. 5, 2018]

 

Amendment of Clause 3

Clause 3 of the Bill is amended in sub-clause (3) by the insertion of the following sub-paragraph after paragraph (e)

            “(f) consult and negotiate Zimbabwe labour laws in line with the Constitution and other

        international best practices.”.

 

Amendment of Clause 9

Clause 9 of the Bill is amended by the deletion of sub-clause (3) and the substitution of the following;

 

          “(3) The quorum shall be satisfied by a majority of representation of all social partners.”.

 

Amendment of Clause 14

Clause 14 of the Bill is amended by the deletion of paragraph (b) of sub-clause and the substitution of the following;

          “(b)  may be revoked by the management Committee on justifiable grounds at any time.”.

 

amendment of third schedule (list of government meMbers)

BY THE MINISTER OF Public Service, Labour and Social Welfare

On page 14 of the Bill, delete in the Third Schedule the words “The 14 Government members” and substitute “The seven Government members”.

 

On page 15 of the Bill, delete in the Third Schedule the paragraph beginning with the words “The ratio of two Government members” (etc.) and ending with “with the membership of the Main TNF”.

 

On page 15 of the Bill, delete in the “Explanatory Note” to the Third Schedule the words “assemble 14 Government members” and substitute “assemble seven Government members”.

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

1.      Maintenance of Peace and Order Bill-(H.B. 3, 2019)-The Minister of Home Affairs and Cultural Heritage (Referred 9th May, 2019)

2.      Zimbabwe Investment Development Agency Bill-(H.B. 2, 2019) -The Minister of Industry and Commerce (Referred 9th May, 2019)

 

 

BLOG COMMENTS POWERED BY DISQUS
National Assembly Votes NATIONAL ASSEMBLY VOTES 15 MAY 2019 NO 50