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NATIONAL ASSEMBLY VOTES 20 JUNE 2017 NO 72

ADVANCE COPY- UNCORRECTED

 

No. 72

                                                                                                       

 

PARLIAMENT

 

OF

 

ZIMBABWE

_________________

 

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FOURTH SESSION – EIGHTH PARLIAMENT

 

_________________

 

TUESDAY, 20TH JUNE, 2017

 

_________________

 

Quarter past two o’clock pm.

The Speaker in the Chair.

 

Prayers.

 

Members Present

Beremauro G;

Bimha M C;

Chabaya B.

Chakona P

Chamisa N

Chapfika D

Chasi F

Chibagu G

Chidhakwa S

Chidhakwa W

Chigudu M

Chigumba C C.

Chikomba L

Chikwama B

Chikwinya N

Chimanikire G

ChimeneM M

Chimwamurombe A

Chinamasa P

Chinanzvavana C

Chinomona M M

Chinotimba J

Chipato A

Chirisa F

Chisorochengwe T.

Chitembwe V J

Chitindi C

Chitura L

Chiwa D

Chiwetu J Z

Chombo I M.C

Damasane S A.E;

Dziva T M

Gangarahwe G.

Gava M

Gezi T

Goche N

Gonese I.T

Gumbo J.M

Gwanetsa K K

Guzha N.K.

Haritatos P

Hungwa  G

Jaboon J

Kadungure D A

Kagonye P

Kanhanga E W

Karoro D

Katsiru L.

Kaundikiza M

Kazembe K

Khanye N

Khumalo M

Kuruneri C

Kwaramba G

Labode M R

Langa A

Mabuwa C

Machingauta C

Machingura R

Mackenzie I

Madanha M

Maduza T.

Madondo T

Madubeko J

Madzinga P

Mahiya M

Mahoka S

Majaya B

Majome F J

Makonya J

Makunde T

Mandipaka O

Maondera W

Mapiki J

Maridadi J

Marumahoko R

Masamvu L

Mashakada T

Mashayamombe S

Mashonganyika D

Masiya D

Masuku P

Matambanadzo M

Mataruse P

Matienga M

Matimba K M

Matiza B J

Matsunga S.

Matuke L

Mavenyengwa R

Mawere M D V

Mawere M RN S

Maziwisa P.

Mbwembwe E

Mguni N.

Mhlanga N J

Mhona F T

Misihairambwi P M

Mkandla M

Mlilo N.

Mliswa P.T.

Mnangagwa A.

Moyo F

Moyo L

Mpala M.

Mpariwa P

Mpofu B

Mpofu M M

Mpofu R

Mpofu S

Mtingwende T

Muchenje F

Muchenje M S

Muchinguri O

Mudambo T

Mudarikwa S

Mudau M

Mudzuri E

Mudyiwa M.

Mufunga A

Mugidho M.

Mukanduri S T

Munochinzwa M

Musabayana D.

Mukupe T.

Mukwangwariwa F G

Mukwena R

Munengami F

Munochinzwa M.

Mupereri V.

Mupfumi I F

Murai E

Musanhi K S

Musundire A L

Musvaire W

Mutomba W

Muzondiwa E S

Ncube D M

Ncube G M

Ncube H

Ncube O

Ndhlovu Alice

Ndlovu D M;

Ndlovu M S

Ndoro L F

Nduna D

Nhema C F.D.;

Nkatazo M M

Nkomo Mail

Nkomo Malachi

Nleya L

Nyamupinga B B

Nyere C

Nyoni S G G

Omar J.

Passade J

Pedzisai I

Pemhenayi B

Phiri F P

Runesu B

Rungani A

Ruvai E

Samkange J T

Sansole T W

Saruwaka T J.L.;

Seremwe B.

Shamu W K

Shava J.

Sibanda D

Sibanda D P

Sibanda K.

Sibanda Z

Sithole G K

Simbanegavi Y

Sindi C

Sipani – Hungwe O.

Tarusenga U  D

Thembani S Z

Toffa J

Tongofa M

Tshuma D

Tshuma J.

Tsomondo C

Uta K.

Vutete M

Wadyajena J M

Zemura L

Zhou P

Zhou T

Ziyambi Z

Zvidzai S

Zwizwai M   

 

 

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

 

 

Hon. Mnangagwa

Hon. Mphoko

Hon. Moyo S.K.

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

Absent with leave

 

Hon. Dhewa; Hon. Holder; Hon. Chimedza; Hon. Makoni R.; Hon. Paradza; Hon. Runzirwai; Hon. Sibanda M; Hon Anastancia Ndhlovu

 

1.                     The Speaker reminded Members of the House that Members of the Parliamentarians for Global Action (Zimbabwe Chapter) were invited to the Annual Meeting on Wednesday 21st June, 2017 at 1200 hours in the Government Caucus Room.

 

2.                     The Speaker informed the House that all Chairpersons of Committees were invited by the Open Learning Centre to two half day capacity building workshops on Friday 23rd June and Monday, 26th June, 2017 at Meikles Hotel, Milabelle Room from 0800 hours to 1400 hours on each day.

 

3.                     The Speaker also informed the House that the Ministry of Women’s Affairs, Gender and Community Development was inviting all Hon. Members to attend the 2017 Provincial Food Fairs to be held at all Provincial centres throughout the country on Saturday 1st July, 2017.

 

4.           Hon. Matuke, seconded by Hon. Rungani, Moved: That Orders of the Day Nos. 1 to 8 and Notice of Motion No. 5, for today, stand over, until Notices of Motions Nos. 9, 11 and 14 have been disposed of.

 

            Motion put and agreed to.

 

5.                     Hon. S. Mpofu, seconded by Hon. Seremwe, moved: That this House takes note of the Report of the Parliament of Zimbabwe delegation to the China International Travel Mart, held from the 11th to the 13th of November, 2016.

 

On the motion of the Vice-President and Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned until tomorrow.

 

6.                     The Vice-President and Minister of Justice, Legal and Parliamentary Affairs, moved: That Notices of Motions Nos. 11 and 14, for today, stand over, until Order of the Day No. 1 has been disposed of.

 

Motion put and agreed to.

 

 

7.                     Committee: Constitution of Zimbabwe Amendment (No. 1) Bill, (H.B. 1, 2017) - The Vice President and Minister of Justice, Legal and Parliamentary Affairs).

 

 

                                                          (House in Committee)

 

Clauses 1 to 5, put and agreed to.

 

And it being five minutes to seven o’clock pm, the Chairperson interrupted business under consideration and sought leave to sit again.

 

                                                              (House resumed)

 


Progress reported.

 

Committee to resume tomorrow.

 

8.         The Speaker adjourned the House without putting any question at a minute to seven o'clock pm.

 

 

 

 

ADV. J. F. MUDENDA,

 Speaker.

 

 

 

WEDNESDAY, 21ST JUNE, 2017

 

           QUESTIONS FOR ORAL ANSWERS

 

t    QUESTIONS WITHOUT NOTICE.

 

*           QUESTIONS WITH NOTICE.

 

*1.       Hon. Kanhanga:  To ask the Minister of Finance and Economic Development  to explain to the House the recourse that may be taken by farmers who have not benefitted from the proceeds that were put towards the purchase of Treasury Bills since 2007.

[Deferred from 15th March, 2017]

*2.       Hon. Chikomba:  To ask the Minister of Finance and Economic Development to explain the policy regarding debt takeover of strategic companies such as David Whitehead Textiles.

[Deferred from 22nd March, 2017]

*3.       Hon. Chirisa:  To ask the Minister of Finance and Economic Development what steps the Ministry is taking over the issue of refusal by multi-choice (DSTV) Zimbabwe to accept bond noted from customers for their monthly subscriptions.

 

[Deferred from 29th March, 2017]

*4.       Hon. Majome:  To ask the Minister of Finance and Economic Development:

(a)    To state when the loan agreement that gave rise to the $200 million Africa Import Export Bank ‘facility’ for the bond notes was concluded;

 

(b)   To indicate whether or not its terms were published in the Government Gazette; and whether or not this was done in 60days in terms of Section 300 (3) of the Constitution; and to explain the terms of the said parent loan agreement.

 

(c)    To indicate whether or not the loan agreement that gave rise to the facility was referred to Parliament in terms of Section 327 (3) of the Constitution; and whether  or not it was referred to the relevant Portfolio Committee in terms of the Standing Orders.  If not when will it be so referred.

 

Deferred from 3rd May, 2017]

*5.       Hon.  Majome: To ask the Minister of Finance and Economic Development to inform the House when Treasury will release funds for payment to Mr Gogfrey Ticharwa Vambe for his five tonnes of ammonium Nitrate Fertilizer that he bought in 2008 from the Grain Marketing Board (GMB) depot in Harare under the Reserve Bank of Zimbabwe Input Scheme.

 

Deferred from 10th May, 2017]

*6.       Hon. Mnangagwa  A.: To ask the Minister of Finance and Economic Development to explain the policy that compels the business people in retailer shops, wholesales and others to bank their daily takings  from sales with the banks in order to ease the financial cash shortages the country is currently faced with.

 

Deferred from 3rd May, 2017]

*7.       Hon. Mguni N.:  To ask the Minister of Finance and Economic Development to state what strategies the Ministry has put in place to mobilise resources to cater for the needs of persons with disabilities as required by the provisions of the Constitution.

Deferred from 17th May, 2017]

*8.       Hon. Mangami:  To ask the Minister of Finance and Economic Development to:

(a)    Appraise the House on the progress made by the Thematic working group on SMEs, Finance and development, specifically on the National Financial Inclusive Strategy

(b)   State what innovative financial products for the Small and Medium Enterprises has the group come up with.

 

*9.       Hon. Mangami:  To ask the Minister of Finance and Economic Development to:

(a)    State the benefits of placing institutions which are underperforming under judiciary management.

(b)   State whose interest does the judiciary management save.

(c)    State the institution by name that have succeeded under judiciary management and those that failed to perform and give reasons for such.

 

*10.     Hon Mangami:  To ask the Minister of Finance and Economic Development to inform the House on how safe the Deposit – Taking Microfinance Institutions are and to further state who will pay if they collapse.

 

*11.     Hon. Majome:  To ask the Minister of Health and Child Care to inform the House when the Ministry would replace the one and only Gas Chromatograph machine which packed up in 2004, in view of the fact that this is affecting forensic pathology in public hospitals.

 

[Deferred from 3rd May, 2017]

 

*12.     Hon. Kwaramba:  To ask the Minister of Health and Child Care to inform the House of the measures that government has put in place to ensure that people living with disabilities have access to relevant information in pictorial and braille formats as a way of disseminating information on HIV voluntary testing, treatment and condom use in view of the fact that these people are usually left out.

 

Deferred from 3rd May, 2017]

*13.     Hon. Kwaramba:  To ask the Minister of Health and Child Care to explain the government position as regards the formulation  and implementation of user friendly disability policies and to also give statistics on the numbers of HIV positive people living with disabilities.

 

Deferred from 3rd May, 2017]

*14.     Hon. Tshuma D.:  To ask the Minister of Health and Child Care to consider adopting the system of non- payment of all non-curable diseases and HIV / AIDS to the stages of diagnosis and treatment instead of picking out diabetes in view of the debilitating impact that these diseases have on human capital.

Deferred from 17th May, 2017]

*15.     Hon. Khumalo M.:  To ask the Minister of Health and Child Care to explain to the House how the sum of $23 000 earmarked for the construction of Dongamuzi Clinic, which was deposited in the District Account in 2014 was utilised.

[Deferred from 17th May, 2017]

*16.     Hon. Khumalo M. To ask the Minister of Health and Child Care to explain how the amount of $200 000 and $250 000 which was allocated to the Ministry  on the 2016 and 2017 budgets respectively for the construction of Dongamuzi Clinic in the Lupane West Constituency was used.

[Deferred from 14th June, 2017]

*17.     Hon. Mangami:  To ask the Minister of Health and Child Care to inform the House what government policy is regarding the issuance of travel insurance cover by medical insurance companies when individuals travel outside the country.

 

[Transferred from 7th June, 2017]

*18.     Hon Majome:  To ask the Minister of Health and Child Care the measures government has put in place  to ensure that no one is denied emergency medical treatment at any health institution as demanded by Section 29 (2) and Section 76 (3) of the Constitution.

 

*19.     Hon. Majome:  To ask the Minister of Energy and Power Development:

(a)    To explain to the House why Zimbabwe Electricity Supply Authority (ZESA) Holdings flighted an advertisement in The Herald on 14 December, 2016 to congratulate the President of Zimbabwe for successfully hosting his annual ZANU PF political party conference on 14 – 18 December, 2016 despite Section 196(3)(a) of the Constitution’s requirements of public officers’ objectivity and impartiality;

(b)  To state the cost of advertisement;

(c)  To state the benefit of the advertisement to electricity consumers;

(d)To inform the House whether as to or not the advertisement was budgeted for and for how much; and

 

(e)  To indicate to the House whether or not ZESA will also flight advertisements

to congratulate other political parties such as MDC – T and MDC for holding  events. 

Deferred from 3rd May, 2017]

*20.     Hon. Gangarahwe:  To ask the Minister of Energy and Power Development to inform the House when the Rural Electrification Agency would electrify Muzavazi Secondary School in Ward 27 and Mavhudzi Secondary School in Ward 8,  Mhondoro -  Mubaira Constituency.

 

Deferred from 3rd May, 2017]

*21.     Hon.  Saruwaka:  To ask the Minister of Energy and Power Development to inform the House when electricity would be connected at Jombe Primary School in Ward 10 in the Mutasa Rural District Council, considering that the school had a transformer installed and electrified in July 2016 by Rural Electricity Agency (REA) while connection fees were paid for the teachers houses and the administration block in October 2016.

 

Deferred from 3rd May, 2017]

*22.     Hon.  Saruwaka:  To ask the Minister of Energy and Power Development to explain to the House when the transformer at Fatima Primary School in Ward 12 of Mutasa Rural District Council, which broke down in mid-2016 thereby negatively impacting on the activities of this institution going to be repaired / replaced.

 

Deferred from 3rd May, 2017]

*23.     Hon. Gangarahwe:  To ask the Minister of Energy and Power Development to inform the House the progress made in electrification of Mavhudzi and Nyamweda Primary Schools as per the assurance made by the Minister that the exercise would have been done by the end of March 2017.

 

Deferred from 3rd May, 2017]

*24.     Hon. Khumalo M.:  To ask the Minister of Energy and Power Development to inform the House when electricity supplies would be connected to the Jotsholo District Registry offices in view of the fact that quotations were done by the Ministry officials.

 

Deferred from 17th May, 2017]

*25.     Hon. Majome:  To ask the Minister of Energy and Power Development what arrangements exactly have been made to ensure Eskom and Hydro Cabora Bassa do not terminate supplies to Zimbabwe over arrears. 

 

*26.     Hon. Majome:  To ask the Minister of Energy and Power Development what plans if any government has to ensure the resolution of the electrical power deficit.

 

*27.     Hon. Mguni N. To ask the Minister of Public Service Labour and Social Welfare to explain to the House why Pension Funds that own buildings and other properties which they rent out in United States dollars do not refund the money that was wiped out by inflation.

Deferred from 17th May, 2017]

           

*28.     Hon. Chisorochengwe:  To ask the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House what plans the Ministry has to ensure that farmers are timeously paid as a way of encouraging that they sell their produce to the authorised buyers such as the Grain Marketing Board (GMB) instead of withholding such produce due to cash shortages.

 

Deferred from 17th May, 2017]

*29.     Hon. Kazembe:  To ask the Minister of Agriculture, Mechanisation and Irrigation Development to inform the House what government policy is regarding repayment in a case scenario similar to the one at Hermiston Irrigation Scheme in Mazowe West Constituency were farmers received incomplete equipment under the Brazil facility resulting in their failure to utilize it and to further state when the farmers are expected to start honouring their repayment obligations.

 

[Deferred from 14th June, 2017]

*30.     Hon. Mudyiwa:  To ask the Minister of Energy and Power Development to inform the House when the Special Single Wire East Return (SWER) transformer for Suswe Business Centre in Mudzi District will be repaired considering that it has been malfunctioning since 2015.

[Deferred from 14th June, 2017]

*31.     Hon. Mudyiwa:  To ask the Minister of Energy and Power Development to inform the house when electricity will be connected to Denda Primary School, in Ward 8, Shinga Secondary School and Clinic in Ward 4, in the Mudzi West Constituency in view of the fact that the connection fees were paid in 2015.

 

[Deferred from 14th June, 2017]

*32.     Hon. Masuku P.: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House of government’s plan to curb food shortages in Zimbabwe Prisons.

 

*33.     Hon. Masuku P.: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House why government is not introducing Command Agriculture in all prison farms.

 

*34.     Hon. Masuku P.: To ask the Minister of Justice, Legal and Parliamentary Affairs to inform the House if prisoners are getting a balanced diet.

 

*35.     Hon Masuku P:  To ask the Minister of Justice, Legal and Parliamentary Affairs to:

(a)    State whether there is regional balance in the recruitment of magistrates in Zimbabwe.

(b)   Explain why 18 magistrates resigned in 2016 and why a total of nine (9) females were discharged against one male as articulated in the Judicial Service Commission 2016 Annual Report.

*36.     Hon Masuku P:  To ask the Minister of Higher and Tertiary Education to inform the House government’s policy with regards to students who after completing their tertiary education cannot access their results due to non – payment of fees and eventually cannot be employed as they do not have the results.

 

*37.     Hon Masuku P:  To ask the Minister of Primary and Secondary Education to inform the House of the government’s plans to motivate government school teachers so that the teachers are dedicated to their jobs.

 

*38.     Hon Masuku P:  To ask the Minister of Primary and Secondary Education to inform the House of  the Ministry’s plans to build ,more blocks considering that there are 657 leaners in only two blocks at Ngwenyama Primary School in Nketa Constituency and the number of learners will increase since they will be having grade seven classes next year.

 

*39.     Hon. Majome:  To ask the Minister of Primary and Secondary Education the steps taken by the Ministry to ensure that sign language is taught in schools.

 

*40.     Hon Majome:  To ask the Minister of Primary and Secondary Education if he is aware that the ECD children as young as 4 years are spending the whole day from 7am to 4pm at school i.e. Avonlea Primary School and if he is also aware that this deprives them of the rest appropriate for their age and subjects them to hardship and health risks especially in this cold weather.

 

*41.     Hon Masuku P:  To ask the Minister of Youth Development, Indigenisation and Empowerment to inform the House on the Ministry’s plans with overstaffing especially in Manicaland where they have over 500 youth officers.

 

*42.     Hon Masuku P: To ask the Minister of Youth Development, Indigenisation and Empowerment to inform the House if the excess youth officers in all the provinces are on the payroll.

 

*43.     Hon Masuku P:  To ask the Minister of Industry and Commerce to inform the House on the government’s plans to revive the Bulawayo industry.

 

*44.     Hon Mpariwa:  To ask the Minister of Public Service, Labour and Social Welfare to provide data and number of beneficiaries on districts and provinces covered by the government food distribution since the beginning of 2017.

 

*45.     Hon. Mpariwa:  To ask the Minister of Public Service, Labour and Social Welfare to present the ZIMVAC report to Parliament.

 

*46.     Hon. Majome:  To ask the Minister of Public Service, Labour and Social Welfare if government has a policy to employ people who are deaf.

 

*47.     Hon Majome:  To ask the Minister of Public Service, Labour and Social the procedure on issuing boarding passes for deaf people which they use to board buses and commuter omnibuses.

 

(b) To further explain to the house if the Minster is aware that deaf people are having     difficulty accessing them.

 

*48.     Hon. Majome:  To ask the Minister of Public Service, Labour and Social Welfare if deaf people are allocated a grant by government.  If so, how much is it and how often is it disbursed.

 

*49.     Hon Majome:  To ask the Minister of Public Service, Labour and Social Welfare to explain what the Ministry has done to ensure there is no biased distribution of food and agricultural inputs in light of the Zimbabwe Human Rights Commission Consolidated Food Aid Report of August 2016 confirming the discrimination of suspected opposition supporters.  Have the perpetrators been brought to book.

 

*50.     Hon. Mangami:  To ask the Minister of Public Service, Labour and Social Welfare to:

(a)    State how long it takes for one to qualify for NSSA Pension Scheme.

(b)   State what happens to funds in the event that one has not contributed for the period required.

(c)    Indicate when the Ministry will align the pensionable age for NSSA to that of the rest of government pensionable age.

 

 

*51.     Hon. Mangami:  To ask the Minister of Public Service, Labour and Social Welfare to:

(a)    Explain why SSB has instituted deductions of the following government workers salaries without any instructions to do so from the employees considering that they did not take loans from MacDowell Microfinance

(i)                 Moses Hwata I.D. 26 – 079 983 G – 26, E.C. No. 0891780 A - $100.00

(ii)               William Hamadziripi I.D. 26 – 101137 A – 26 E.C. No. 092 011, deduction $240.00, ref 77704103367, year 2017 and $100.00 thereafter.

(iii)             Innocent Magumise E.C. No. 0894709, March 2012, $145.00, March 2017 $300.00.

(iv)             Mathias Nyama I.D. 26 – 112682 Z – 26, E.C. No. 0196294M, deduction - $100.

(v)               State what kind of action is going to be taken to have the deducted money reimbursed to these employees; and to further state whether the money will be reimbursed with interest.

 

*52.     Hon Majome:   To ask the Minister of Home Affairs to notify the house when the Registrar – General of Zimbabwe, Mr Tobaiwa Mudede was born and if he is above the age of 65years, why has he not retired from the Civil Service.

 

*53.     Hon Masuku P: To ask the Minister of Home Affairs to explain the policy regarding the issuance of birth records to mothers delivering at government hospitals considering that some do not get the birth records due to failure to settle their hospital bills.

 

*54.     Hon Majome:  To ask the Minister of Information Communication Technology what steps the government is taking in ensuring that communities near base stations are not affected by radiation coming from them as required by Section 73 of the Constitution which guarantees that every person has the right to environment that is not harmful to their health.

 

*55.     Hon. Majome:  To ask the Minister of Information Communication Technology to inform the House if the Ministry conducted a study to assess the impact of the radiation emitted from base stations on relevant local communities.  If such a study was done, what are the results and recommendations.

 

*56.     Hon. Majome:  To ask the Minister of Information Technology if mobile operators who have base stations are charged a radiation tax fee.  If there is such a tax, what is the money used for. 

 

*57.     Hon. Mangami:  To ask the Minister of Environment, Water and Climate whether Tokwe – Mukorsi  Dam has been allocated land around it as a green belt in order to protect it from siltation and possibly destruction and if so, how many hectares.

 

 

*58.     Hon Masuku P:  To ask the Minister of Transport and Infrastructural Development to explain why the cost of motor vehicle number plates is so expensive considering that cheap material is used to produce them.

 

*59.     Hon Masuku P:  To ask the Minister of Transport and Infrastructural Development to inform the House on the current status of National Railways of Zimbabwe in terms of its recovery programme.

 

*60.     Hon Masuku P:  To ask the Minister of Information, Media and Broadcasting Services to

 

(a)    Explain why radio and television licenses are so high compared to other regional trends.

(b)   State the method used by the national television to check whether the content resonate with the public.

 

*61.     Hon. Mangami:  To ask the Minister of Small and Medium Enterprises Cooperative Development to explain the Small and Medium Enterprises Policy and the Ministry collaborates with local authorities to implement it.

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.                  Hon. Mhlanga

            Hon. Chibaya

           

That this House takes note of the Report of the Parliament of Zimbabwe delegation to the 135th Assembly of the Inter-Parliamentary Union (IPU) held in Geneva, Switzerland, from the 23th to the 25th October, 2016.

 

2.                  Hon. A. Mnangagwa

Hon. Mukwangwariwa

 

That this House takes note of the Report on the Role of the Pan African Parliament in Promoting the Free Movement of People and the African Passport.

 

3.                  Hon.  dr. Mukanduri

Hon. Toffa

 

That this House takes note of the Report of the 40th Plenary Session of the SADC-Parliamentary Forum held in Harare, Zimbabwe from the 3rd to the 15th of November 2016.

 

4.                  Hon. Mashange

Hon. Chinanzvavana

 

That this House takes note of the Report of the Delegation of the Portfolio Committee on Environment, Water, Tourism and Hospitality Industry that attended the United Nations Climate Change Conference that was held in Marrakech, Morocco from the 7th to 18th of November 2016.

 

5.                  Hon. Chamisa

Hon. D. P.  Sibanda

 

That this House:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                        Officers;

 

(c) Immediately implement a training of Police on human rights as part of their

            curriculum in terms of the Constitution;

 

(d) Put in place an act of Parliament setting up an Independent Complaints

Mechanism for members of the public as contemplated by Section 210 of the National Constitution; and

 

(e)  That Parliament sets up a Commission of Inquiry to investigate into the

            conduct of such officers.

 

6.                  Hon. Misihairabwi-Mushonga

            Hon. Toffa

 

            That this House -

 

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

 

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

 

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

 

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

 

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

 

(a)                            All processes of identifying providers of services to government are

conducted in a transparent and accountable manner.

 

(b)        Awarding of government and parastatal tenders promotes fair regional

            representation; and

 

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

 

7.                  Hon. Chamisa

Hon. Gonese

 

            That this House-

 

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

 

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

 

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

 

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

 

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

 

NOW THEREFORE, Parliament calls upon the Government to:

 

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

 

(b)                  Chip in on the social welfare and support to the Dzamara family,

particularly the wife and children as restorative and rehabilitative measures;

 

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

 

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

      and that victims receive restorative and rehabilitative justice.

 

8.                   Hon. Budha - Masara

Hon. Maondera

 

That this House:

 

DISTURBED by the fact that the rural livelihoods assessment indicated approximately 16% of the rural population is projected to be food insecure for the period of January to March 2016.

 

WORRIED by the fact that the nation continues to be food insecure yet small grains exhibit the potential to boost food security given their drought – tolerant nature in the event of erratic rains;

 

FURTHER WORRIED by the failure as a nation, to come up with a deliberate policy on small grains and a national strategy in recognizing the potential of small grains in achieving food security;

 

CONSCIOUS that the government has a Constitutional duty (Section 15 (c) to encourage and promote adequate and proper nutrition through mass education and other appropriate means;

 

NOW THEREFORE, this House calls upon the Executive;

 

(a)     To immediately set in motion the crafting of a comprehensive National Small Grains Policy buttressed by a National Strategy on small grains;

 

(b)     To provide innovative solutions in addressing challenges in the entire value

chain within the policy;

 

(c)     To extensively address the issue of seed unavailability and improved research on new seed varieties for small grains; and

 

(d)     To review the “Seed Act” and bring to Parliament to approve for ratification

of COMESA Seed Trade Harmonisation Regulations in order to open up new opportunities to small grain farmers.

 

 

9.                  Hon. Ndebele

Hon. Maridadi

 

That this House –

 

NOTING that the process of digital migration as outlined by the International Telecommunications Union (ITU) has surgically changed and transformed the broadcasting industry in terms of the spectrum size and management in Zimbabwe;

           

CONCERNED that the current legislation is inadequate in its scope in addressing emerging issues resulting from this process;

 

ALSO NOTING that the Ministry of Information Media and Broadcasting has conceded and acknowledged that the Broadcasting Services Act and the Access to Information and Protection of Privacy Act need to be amended in line with the emerging trends born out of the digital migration process and the dynamics of listenership and readership of the media products;

 

DISTURBED that despite the  provisions of the Broadcasting Services Act in  Section 61(3) which guarantee freedom of establishment of broadcasting media subject to licensing conditions that are necessary, Zimbabwe still does not have the 3-tier broadcasting system fourteen  years after the promulgation of the Act;

 

COGNISANT that the many community broadcasters are eagerly expecting invitations for license applications as evidenced by the existence of different local communities that have been awaiting that development;

 

WORRIED that Section 10 of the Act is prohibitive as it gives discretional powers to decide when to call for licenses without necessary safeguards to curb abuses that may be detrimental to some classes of licenses as is currently the case with community broadcasters;

 

AWARE that the Constitution of Zimbabwe (2013) provides for freedom of Expression, the media; and the right of access to information under section 62,

Hence the need for the revision of legislation that regulates broadcasting;

 

CONCERNED that under the Act the appointment process of the BAZ Board undermines best practices and requirement that State Licensing Authority and procedures should be independent of control by government, political or commercial interests.

 

FURTHER CONCERNED that the appointment procedures and processes under the Broadcasting Services Act are not sufficiently transparent to guarantee the independence of BAZ Board and its decisions.

 

NOW, THEREFORE, calls upon the Executive to:

 

(a)   urgently table a Bill to comprehensively amend or repeal the Act; 

 

(b)   facilitate public participation in the processes, as outlined in regional and

                        international instruments on broadcasting; and

 

(c)   clearly state what percentage of the broadcasting fund goes to local

content production.

 

10.              Hon. Nduna

            Hon. R. Mpofu

 

            That this House -

 

NOTING with concern that at least 10 percent of the 13 million Zimbabweans have some form of disability;

 

CONCERNED that despite various awareness programmes initiated by both the

Government and non-governmental organisations, people living with disabilities are still subject to stigma and discrimination;

 

FURTHER CONCERNED that there's no institutionalised deliberate inclusion strategy from primary education to tertiary level to support students with disabilities.

 

ACKNOWLEDGING the various initiatives taken by Government in post-

independence Zimbabwe to empower and improve the lot of people living with

disabilities such as the introduction of vocational training centres for people living with disabilities and the enactment of the Disabled Persons Act in 1992;

 

RECOGNISING the tax concessions extended to people living with disabilities such as the suspension of Customs Duty on certain specified motor vehicles imported by physically handicapped persons for their own use.

 

DISTURBED that such noble concessions do not extend to critical equipment such as wheelchairs, hearing aids, braille and crutches for use by people living with disabilities;

 

WORRIED that as a result of the taxes levied on wheelchairs, braille and crutches they are beyond the reach of the majority of people living with disabilities who are poor;

 

FURTHER WORRIED that sign language which caters for the deaf and dumb and Braille for the blind has not been allowed to take root from primary education level for no fee in line with section 75 of the constitution calling for education for all.

 

            NOW, THEREFORE, CALLS UPON THE GOVERNMENT TO:

 

(a)    Introduce tax concessions starting from the 2017 Budget for critical

equipment such as wheelchairs, braille and crutches to ensure that they are

affordable to the majority of people living with disabilities;

 

(b)   Make sign language and Braille all inclusive and compulsory for all

institutions of learning to provide, a well-rounded education system for

people living with disabilities and needing such learning and education.

 

(c)  Urgently Harmonize our laws in line with the United Nations Conventions

of Persons Living with Disabilities and the new Constitution to improve

the lives of the affected disabled persons; and,

 

(d) Increase the allocation for disability services in the national budget to

cover the essential basic needs for all disabled people in Zimbabwe.

 

11.              Hon. M. S. Ndlovu

            Hon. Matangira

           

            That this House;

 

Expresses its profound shock and sorrow at the untimely death of a revolutionary par excellence on Friday 25 November, 2016, the Commandant of  the Cuban Revolution, Fidel Castro and places on record its supreme appreciation of the sterling services rendered in support of the just struggle of the African Liberation Forces, inspiration and exemplary leadership.

 

Resolves, that its cardinal sympathy and heartfelt condolence, be conveyed to the family of the deceased and the entire peace loving people of Cuba on this sad loss.

 

12.              Hon. M. S. Ndlovu

            Hon. Mkandla

           

            That this House:

 

DISMAYED by the plight of Home owners who are bonded to accommodation at their work places in companies such as the National Railways of Zimbabwe (NRZ), Hwange Colliery, Mashava Mines, Kamativi Tin Mine and Municipalities in various towns;

 

DISTURBED that after the death of the bread winners who are the employees of such companies their dependents are not accommodated at all and cannot inherit the houses that they may have occupied for the greater part of their lives;

 

NOTING that the situation is exacerbated by lack of title deeds to the properties making even the married couples vulnerable as they cannot access such properties on the death of their spouses.

 

NOW, THEREFORE the Government is called upon to enact comprehensive legislation which protects home occupants of such companies from manipulation on the basis that they do not have title deeds to the said properties.

 

 

13.              Hon. Nyamupinga

            Hon. Masamvu

           

            That this House -

 

CONCERNED at the plight of Women in polygamous matrimony who are denied their social status, property and conjugal rights;

 

DESIROUS to minimize the suffering of such women as the practice erodes their self-esteem and results in emotional and psychological abuse which results in broken relationships and families;

 

DSTURBED that the results of such abusive relationships fuels unwanted pregnancies and diseases which lead to untold suffering to the immediate families;

 

NOW THEREFORE calls upon Government to enact legislation that

 

(a)                 Protects women in polygamous marriages from all forms of abuse;

 

(b)               Ensures that women are not deprived of their rights to the estate of their spouses at

  the time of their deaths;

 

(c)                That the number of wives that a man may enter into marriage union with, be  limited

to a certain number; and

 

(d)               Those who pledge women into polygamous relationships be prosecuted

 

14.              Hon. Nyamupinga

            Hon. Zindi

 

            That this House expresses its heartfelt sorrow on the untimely death of an illustrious daughter of Zimbabwe, the first woman Vice Chancellor in post independent Zimbabwe, and educationist par excellence, Professor Primrose Kurasha;

 

            Celebrates the life of an icon and gender activist who advanced the rights of women in the country;

 

            Conveys its profound condolences to the family of the deceased.

 

15.              Hon. Shamu

            Hon. Ndoro

 

            That this House;

 

MINDFUL that the World Radio Day is celebrated through the bringing together of Community radio enthusiasts to share best practices, exhibit and exchange ideas among professionals of the radio industry;

 

 

COGNIZANT that the radio promotes the diversity of cultures and continues to play a pivotal role as it did during the days of our liberation struggle where broadcasts completely defeated enemy propaganda;

 

ACKNOWLEDGING that the radio is not just a means of communication but is an emotional, spiritual and physical nourishment to the generality of the population all over the world;

 

FURTHER ACKNOWLEDGING that the World Radio Day was successfully celebrated in Zimbabwe on behalf of the entire SADC Region on 13 February, 2017 under the theme “Radio is You”

 

NOW THEREFORE, calls upon this House to

 

(a)          Congratulate the Ministry of Information, Media and Broadcasting Services,

ZBC, Star F.M., Zi F.M. and all other stakeholders for successfully

celebrating World Radio Day;

 

(b)         Applaud Government’s progressive policy which encourages 75% local

content thereby motivating promoting and empowering our local artists;

 

(c)          Embrace all modern technology that enhances digitalization.

 

16.              Hon. Nyamupinga

            Hon Chirisa

 

            That this House;

 

APPRECIATING the work done by women over the years dating as far back as days of the first Chimurenga, as clearly demonstrated by heroines of the calibre of Mbuya Nehanda;

 

DESIROUS to uphold the values and dignity of women in our day to day lives;

 

MINDFUL that women are not only the back bone of our economy, but are the role models of successful homes hence the need to give them the honour befitting of their stature;

 

Now, therefore calls upon this House to:

 

(a)    Congratulate our women on the occasion of the International Women’s Day;

 

(b)   Declare the International Women’s Day a public holiday;

 

(c)    Join hands with all other progressive forces in uplifting the status of our

women folk, who until our attainment of independence, were marginalized.

 

17.              Hon. Guzah

Hon. Paradza

 

That this House -

 

PURSUANT to the adoption of the SADC Gender Protocol on Gender Development;

 

ACKNOWLEDGING that the Constitution of Zimbabwe envisages full participation of women in political, social and economic spheres on the basis of equality;

 

NOTING that the current mining legislation is inadequate in its scope and prescription to deal with gender parity;

 

CONCERNED, that women are incapacitated to actively engage in all mining activities;

 

DISTURBED that despite government initiatives and programmes to promote participation of women in mining the sector continues to be male dominated despite the fact that this sector is a centre piece for economic development and growth;

 

NOW, THEREFORE, calls upon Government to:

 

(a)    Introduce quota systems that obligate mining companies to incorporate

  women in their system;

 

(b)   Provide support through training, educational grants and workshops as a

strategy to capacitate women in the mining sector;

 

(c)    Engage in awareness campaigns through the media and affirmative action

groups.

 

18.              Hon. Guzah

Hon. Paradza

 

That this House-

 

Noting that the country has a soaring unemployment rate of over 85%;

 

MINDFUL that despite the enactment of Statutory Instrument No. 66 of 2013, indigenous people continue to be side lined by foreigners who get preferential treatment in reserved spheres of the economy;

 

CONCERNED that there is no monitoring and evaluation mechanism to ensure businesses are compliant with the indigenization law which deals with matters of investment;

 

ACKNOWLEDGING the initiatives taken by the state to ensure compliance with the law;

 

DISTURBED that notwithstanding the Statutory Instrument No. 66 of 2013 new companies and firms have entered the reserved areas without due regard for the requirements that are applicable in these areas;

 

COGNISANT that the reserved areas are less capital intensive for the indigenous Zimbabweans to penetrate, contribute and benefit from the business economy.

 

NOW, THEREFORE, calls upon Government to

 

(a)    Establish a task force to monitor, evaluate and follow up on non-compliance

and prosecute offenders;

 

(b)   Train and sensitise the indigenous business people to be conversant with the

business environmental laws; and

 

(c)    Hold awareness symposiums with a view to encouraging the citizens to tap

into the reserved areas so that they fully benefit from available resources.

 

19.              Hon. Maridadi

Hon. Misihairabwi-Mushonga

 

That this House

 

NOTING that Zimbabwe is a signatory of the SADC Protocol on Industrialisation and has acceded to the Industrialisation Strategy and Roadmap 2015-2063;

 

ACKNOWLEDGING industrialisation as a champion of economic, technological

and social transformation;

 

REALISING that Zimbabwe is endowed with abundant and diverse natural resources as well as world class human capital;

 

WORRIED that Zimbabwe is an exporter of raw materials and primary goods;

 

NOTING that the industrialisation strategy aims at reversing this trend in order to achieve sustainable development for the country through value addition and beneficiation of our products and thus increase returns from the export of our natural resources; and

 

CONCERNED that the manufacturing sector is suffering as a result of imports that find their way on the local market in contravention of Statutory Instruments that prohibit the importation of such ready-made goods;

 

NOW THEREFORE resolves that this House calls upon Government to take deliberate steps to:

 

(a)    To domesticate the SADC Protocol on Industrialisation;

 

(b)   Craft and implement a value addition and beneficiation policy in line with the

SADC Protocol on Industrialisation; and

 

(c)    Enforce statutory instruments that prohibit the importation of goods that do

not require value addition locally.

 

 

20.              Hon. Mlilo

Hon. Mpala

 

That this House;

 

MINDFUL that Section 35 of the Constitution of Zimbabwe provides for, citizenship by birth, descent or registration;

 

AWARE that Zimbabwean citizens are entitled to the rights, privileges and benefits of citizenship and are equally also to the duties and obligations of citizenship;

 

COGNISANT that provisions of the Constitution entitle citizens to dual citizenship, which they easily circumvent national obligations such as National Service and the evasion of taxation by simply raising foreign nationality in such circumstances and yet benefit from the protection, travel documents and any other primary documents whenever it suits them;

 

DISTURBED dual citizenship can be abused;

 

NOW THEREFORE, calls upon:

 

(a)    The Executive to put in place a law regulating dual citizenship by descent and

registration; and

 

(b)   The Registrar General to explain to citizens the benefits of obligations of acquiring

citizenship.

 

 

21.              Hon. Majome

            Hon. Maondera

 

            That this House -

            RECALLING THAT on 5 February 2014 I moved a motion for stiff mandatory    sentences for rape and other gender based violence crimes, scientific investigation of   rape and the implementation of the National Gender Based Violence Strategy.

DISMAYED that only the Ministers of Justice, Legal and Parliamentary Affairs and Women Affairs, Gender and Community Development responded to the motion, while        the Ministers of 1) Health and Child Care, 2) Home Affairs, 3) Finance and Economic Development and 4) Higher and Tertiary Education, Science and Technology Development did not respond to the motion, causing me to move to re-instate it on the Order Paper upon its lapse with the prorogation of 2 sessions.

            NOTING THAT the 16 days of activism against gender based violence began on 25         November and ended on 10 December 2015, the International Human Rights Day      whose theme was ‘From Peace in the Home to Peace in the World: Make Education     safe for all’;

            STILL DISTURBED by the high rate of gender based violence in Zimbabwe, i.e. against women and girls who have been raped from 2013-2015;

            STILL CONCERNED by the low rate of apprehension, conviction and sentencing of       perpetrators of gender based violence;

            STILL CONCERNED by the absence and lack of crime forensic experts in           Zimbabwe, as well as the lack of forensic rape investigation kits;

            COGNISANT that at the launch of the 16 days of activism campaign of 2012

            government launched the National Gender Based Violence Strategy 2012-2015

            whose four key result areas are Prevention, Service Provision, Research,    

            Documentation, Evaluation and Coordination;

            Now therefore resolve that;

a.      There be legislated a mandatory sentence for rape, including statutory rape, of not less than thirty years and appropriate sentences for other forms of gender based violence.

b.            The government immediately engages adequate services of forensic scientists

         for purposes of investigating rape.

 

c.             The government immediately and continually equip all police stations with

forensic investigation rape kits.

d.            The government immediately implements with stakeholders the “Zimbabwe National Gender Based Violence Strategy: 2012-2015".

22.              Adjourned debate on motion on the First Report of the Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on the Utilisation of the Brazilian Mechanisation Facility and Livestock Situation in Zimbabwe. (S.C. 2, 2017). (Adjourned 6th June, 2017- Hon. Matuke)

 

[Days elapsed: 6]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on the Utilisation of the Brazilian Mechanisation Facility and Livestock Situation in Zimbabwe. (S.C. 2, 2017). - Hon. Chitindi.

 

 

23.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Land, Agriculture, Mechanisation and Irrigation Development on Cotton Sector Production (Reinstated 2nd May, 2017-Hon. Chitindi)

 

[Days elapsed: 21]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Land, Agriculture, Mechanisation and Irrigation Development on Cotton Sector Production (S. C. 16, 2015- Hon. Chitindi.

 

24.              Adjourned debate on motion on the First Report of the Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on the operations of the Agriculture and Rural Development Authority (ARDA) and Cold Storage Company (C. S. C.) (Reinstated 2ndMay, 2017- Hon. Chitindi).

 

[Days elapsed: 23]

 

            Question proposed: That this House takes note of the First Report of the Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on the operations of the Agriculture and Rural Development Authority (ARDA) and Cold Storage Company (C. S. C.) (S. C. 3, 2016) - Hon. Chitindi.

 

25.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Mines and Energy on the Consolidation of Diamond Mining Companies (S. C. 9, 2017). (Adjourned 2nd May, 2017- Hon. Matuke).

 

[Days elapsed: 14]

 

            Question proposed: That this House takes note of the First Report of the Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on the operations of the Agriculture and Rural Development Authority (ARDA) and Cold Storage Company (C. S. C.) (S. C. 3, 2016) - Hon. Dr. Shumba.

 

26.              Adjourned debate on motion on the Second Report of the Public Accounts Committee on the findings of the Auditor General on the 2010 and 2011 Accounts for the Bulawayo City Council (S. C. 1, 2017)-  (Adjourned 13th June, 2017- Hon. Matuke).

 

[Days elapsed: 3]

 

Question proposed: That this House adopts the Second Report of the Public Accounts Committee on the Findings of the Auditor General on the 2010 and 2011 Accounts for the Bulawayo City Council (S. C. 1, 2017)- Hon Mpariwa.

 

 

27.              Adjourned debate on motion on acts of violence and terror against innocent people (Adjourned 15th June 2017Hon. Rungani)

 

[Days elapsed: 5]

 

Question proposed: That this House-

 

             AWARE that Zimbabwe is a peace loving nation;

 

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

            

             WORRIED by vicious attacks on police officers and security agents;

 

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

 

NOW THEREFORE calls upon Parliament to resolve to:

 

(a)        Strongly condemn political parties perpetrating acts of violence on our

nation;

 

(b)     Calls upon the Zimbabwe Republic Police to arrest all those rowdy youths

         involved in acts of violence and to facilitate their prosecution; and

 

(c)     Asks the Minister of Home Affairs to make a statement on the state of affairs

with regards to recent political violence and to assure the nation of its safety

and security- Hon. Mandipaka.

 

28.              Adjourned debate on motion on the closed Shabani – Mashava Mines (SMM)     (Adjourned 12th April, 2017 –Hon. Matuke).

 

[Days elapsed: 15]

 

Question proposed: That this House:

 

RECALLING that the Shabani – Mashava Mines (SMM) closed more than 15 year ago and prejudiced over two thousand employees due to non-payment of salaries and wages, poor service delivery as well as deteriorating living standards as a result of poor maintenance of basic facilities such as sanitation, sewer and water reticulation system, roads and infrastructure among others;

 

NOTING that the credit status of the company has been getting worse since the closure of the mine;

 

COGNISANT that the company was a big contributor to the economy and that it is deteriorating;

 

CONCERNED at the consequences of not been reopened

 

WORRIED that the workers may never get what is due to them and also that the prospects of the re – opening of the mine may never dawn;

 

NOW, THEREFORE, this House resolves that:

 

(a)  Through the government, a board be set to run the affairs of the Mines

                   through a properly structured administration;

 

(b)    The board secures a new investor to resuscitate the Mines and that it be

                      revived in line with dictates of the ZIMASSET Blueprint;

 

(c)      The welfare of the Mining community and the workers of these mines be

  improved.

 

(d)   The flagship of the town be raised- Hon. Holder.

 

29.              Adjourned debate on motion on the State of Harare and other urban roads (Adjourned 28th March, 2017 –Hon. Matuke.).

 

[Days elapsed: 19]

 

            Question proposed: That this House;

 

CONCERNED that the state of the capital city Harare’s and other urban roads are in an appallingly dilapidated state that is not only car-worthy but is hazardous to life, limb and property.

RECALLING that the Zimbabwe National Roads Administration (ZINARA) took over from Harare City Council and other municipalities the collection of termly vehicle licensing fees, 10% of which revenue would be retained by municipalities for road maintenance.

FURTHER recalling that municipalities were able to fund the maintenance of roads then, but disconcerted that the state of municipal roads deteriorated steadily since ZINARA took over the revenue collection, and even more sharply in the last four years.

CONCERNED that ZINARA fails to disburse to Harare City Council sufficient money to maintain roads, despite the bulk of the nation’s vehicle fleet being domiciled in Harare.

FURTHER disturbed by the lack of transparency, inequity in disbursement and misappropriation of revenues from motorists by ZINARA, which is not in the national interest, as exemplified by the recent purchase of snow ploughs.

AFFIRMING and encouraged by the imperative in Section 264(f) of the Constitution to ‘transfer responsibilities and resources from national government in order to establish a sound financial base for each provincial council and local authority’ and

MANDATED by the duty of Parliament in Section 119(2) of the Constitution to, ‘ensure that the provisions of this Constitution are upheld and that the State and all its institutions and agencies of government at every level act constitutionally and in the national interest

NOW THEREFORE this house resolves that;

(a)  ZINARA ceases to collect termly motor vehicle licence fees thereby restoring that function to Harare City Council and all other respective municipalities and local authorities.

(b)  Harare City Council and the respective municipalities and other local authorities

retain 100% of the resultant revenues from termly motor vehicle licences and suspend remittances to ZINARA until all their roads are in a demonstrably recovered state.

(c)  ZINARA disburses to Harare City Council by July 2017 all the arrears it had

undertaken to pay, and by December 2017 to all other local authorities.

(d)  ZINARA accounts be audited for the past 5 years for its revenues and comparative

disbursements to local authorities and its expenditure, and such audit be tabled to the Public Accounts Committee. – Hon. Majome

 

30.              Adjourned debate on motion on the Second Report of the Portfolio Committee on Transport and Infrastructural Development on the Inquiry into the Aviation Industry in Zimbabwe (S. C. 3, 2017). (Adjourned 28th March 2017- Hon. Matuke.)

 

[Days elapsed: 19]

 

Question proposed: That this House adopts the Second Report of the Portfolio Committee on Transport and Infrastructural Development on the enquiry into the Aviation Industry in Zimbabwe (S. C. 3, 2017).- Hon. Nduna.

 

31.              Resumption of debate on motion on the First Report of the Portfolio Committee on 

Defence, Home Affairs and Security Services on Service Delivery by the Registrar General’s Department (Interrupted 21st February, 2017)

[Days elapsed: 22]

 

Question proposed:That this House takes note of the First Report of the Portfolio Committee on  Defence, Home Affairs  and Security  Services on Service Delivery by the Registrar General’s Department (S.C. 18, 2016)- Hon. A. Mnangagwa

 

32.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Transport and Infrastructural Development on the Familiarisation Tour of Victoria Falls and Harare Airports and the Plumtree-Mutare Road Project. (Adjourned 21st March 2017- Hon. Matuke)

 

[Days elapsed: 23]

 

Question proposed: That this House adopts the First Report of the Portfolio Committee on Transport and Infrastructural Development on the Familiarisation Tour of Victoria Falls and Harare Airports and the Plumtree-Mutare Road Project (S.C. 25, 2016)- Hon. Nduna.

 

33.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Health and Child Care on the Deployment, Roles and Responsibilities of the Village Health Workers/ City Health Promoters in the Provision of Primary Health Care in Zimbabwe, (S. C. 21, 2016) (Adjourned 16th March 2017The Minister of Small and Medium Enterprises Development and Cooperative Development).

 

[Days elapsed: 24]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Health and Child Care on the Deployment, Roles and Responsibilities of the Village Health Workers/ City Health Promoters in the Provision of Primary Health Care in Zimbabwe (S. C. 21, 2016))- Hon. Dr. Chimedza.

 

34.              Adjourned debate on motion on the Second Report of the Portfolio Committee on

Transport and Infrastructural Development on the Operations of the National Railways of Zimbabwe (Reinstated 1st December, 2016 Hon Nduna).

 

[Days elapsed: 65]

 

Question proposed: That this House takes note of the Second Report of the Portfolio Committee on Transport and Infrastructure Development on the Operations of the National Railways of Zimbabwe, (S.C. 21, 2015)- Hon. Nduna.

 

35.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Defence, Home Affairs and Security Services on the Immigration Department at the Forbes Border Post (S.C 20, 2015). (Reinstated 28th February, 2017 – Hon. Chiwetu)

 

[Days elapsed: 66]

           

Question proposed: That this House takes note of the First Report of the  Portfolio Committee on Defence , Home Affairs and Security Services on the Immigration Department at the Forbes  Border  Posts (S.C 20, 2015) Hon. C.C  Sibanda

 

36.              Adjourned debate on motion on the Second Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Attempted Jail Break from Chikurubi Maximum Prison (S.C. 22, 2015) (Reinstated 28th February, 2017- Hon. Chiwetu).

 

[Days elapsed: 58]

 

Question proposed: That this House takes note of the Second Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Attempted Jail Break from Chikurubi Maximum Prison (S.C. 22, 2015) Hon. Chiwetu

 

 

37.              Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Public Works and Urban Development on Service Delivery by Local Authorities. (Adjourned 5th April, 2017Hon. Rungani)

 

[Days elapsed: 17]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Local Government, Public Works and Urban Development on Service Delivery by Local Authorities. (S.C. 23, 2016)-Hon. Zindi.

 

38.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Local Government, Rural and Urban Development on Service Delivery by City of   Harare (S. C. 5, 2015). (Reinstated12thApril, 2017- Hon. Zindi)

 

[Days elapsed: 17]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Local Government, Rural and Urban Development on Service Delivery by City of Harare (S. C. 5, 2015).) - Hon. Zindi.

 

39.              Adjourned debate on motion on the First Report of the Portfolio Committee on Information Communication Technology, Postal and Courier Services on the Mobile Telecommunications Sector in Zimbabwe.(Reinstated 28th February, 2017-Hon. Chamisa.)

 

[Days elapsed: 40]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Information Communication Technology, Postal and Courier Services on the Mobile Telecommunications Sector in Zimbabwe. (S.C. 7, 2016).-Hon. Chamisa.

           

40.              Adjourned debate on motion on the First Report of the Public Accounts Committee on the findings by the Auditor General on the 2014 and 2015 Appropriation Accounts for the Ministry of Industry and Commerce and Funds Accounts under its purview. (S.C. 24, 2016). (Adjourned 20th, December 2016- Minister of Finance and Economic Development).

 

[Days elapsed: 39]

 

Question proposed: That this House takes note of the First Report of the Public Accounts Committee on the findings by the Auditor General on the 2014 and 2015 Appropriation Accounts for the Ministry of Industry and Commerce and Funds Accounts under its purview. (S.C. 24, 2016). - Hon. Mpariwa.

 

41.              Adjourned debate on motion on the First Report of the Portfolio Committee on

Youth, Indigenization and Economic Empowerment on Marange-Zimunya

Community Share Ownership Trust. (Adjourned 24th October, 2016 –Hon. Matuke).

 

[Days elapsed: 45]

 

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

 

42.              Adjourned debate on motion on the First Report of the Committee on Public

Accounts on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report. (S.C. 1, 2015). (Reinstated 1st December, 2016 - Hon. Mpariwa)

 

[Days elapsed: 81]

           

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Public Accounts on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report and Audited Accounts for the Financial years ended March 2011/ 2012, 2012/ 2013 and 2013/ 2014. (S.C.1, 2015). Hon. Mpariwa

 

43.              Adjourned debate on motion on the Report of the 45th Session of the African Caribbean and Pacific Parliamentary Assembly (ACP) and Intercessional meetings of the ACP – EU Joint Parliamentary Assembly held in Brussels, Belgium from 21st to 24th March 2017. (Adjourned 8th June, 2017- Hon. Matuke)

[Days elapsed: 4]

 

Question proposed: That this House takes note of the Report of the 45th Session of the African Caribbean and Pacific Parliamentary Assembly (ACP) and Intercessional meetings of the ACP – EU Joint Parliamentary Assembly held in Brussels, Belgium from 21st to 24th March 2017- Hon. Dr. Shumba.

 

44.              Adjourned debate on motion on the Report of the Zimbabwe delegation to the 6th International Conference by the Islamic Consultative Assembly of the Islamic Republic of Iran (Adjourned 15th June, 2017- Hon. Rungani)

[Days elapsed: 2]

 

Question proposed: That this House takes note of the Report of the Zimbabwe delegation to the 6th International Conference by the Islamic Consultative Assembly of the Islamic Republic of Iran, in support of the Palestinian Uprising, held in Teheran in Iran from the 21st to the 22nd of February, 2017- Hon. Paradza.

 

45.              Adjourned debate on motion on the Report of the Parliament of Zimbabwe delegation to the China International Travel Mart, held from the 11th to the 13th November, 2016 -  (Adjourned 20th June, 2017- The Vice-President and Minister of Justice, Legal and Parliamentary Affairs).

 

[Day elapsed: 1]

 

Question proposed: That this House takes note of the Report of the Parliament of Zimbabwe delegation to the China International Travel Mart, held from the 11th to the 13th November, 2016. Hon. S. Mpofu.

 

 

46.              Adjourned debate on motion in reply to the Presidential speech. (Adjourned 21st

March, 2017– Hon. Matuke)

 

 [Time elapsed: 4 hours 48 minutes]

 

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

 

May it please you, your Excellency the President:

 

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

 

47.              Adjourned debate on motion in reply to the State of the Nation Address (Adjourned 

2nd May 2017Hon. Matuke)

 

[Days elapsed: 21]

 

Question proposed: That this House conveys its profound gratitude to His Excellency, the President R.G. Mugabe for addressing a Joint Sitting of Parliament on the State of the Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency, the President, informing him of the sentiments of the House. - Hon. Simbanegavi.

 

48.              Committee: To resume on consideration of the Adverse Report by the Parliamentary

Legal Committee on Statutory Instrument No. 86 of 2016: Plumtree Town Council (Clamping and Tow away By- Laws published in the Gazette during the month of September 2016- progress reported 6th December 2016)Hon. Samukange.

 

49.              Committee: To resume on the Constitution of Zimbabwe Amendment (No. 1) Bill, (H.B. 1, 2017) – (Progress reported 20th June, 2017- The Vice President and Minister of Justice, Legal and Parliamentary Affairs)

 

(Clauses 6 to 8 under consideration)

 

50.              Committee: Estates Administrators Amendment Bill, (H. B. 8, 2016) - The Vice President and Minister of Justice, Legal and Parliamentary Affairs).

 

 

51.              Committee: National Peace and Reconciliation Commission Bill, (H.B. 2, 2017) – The Vice President and Minister of National Peace and Reconciliation.

 

(See Notice of Amendments)

 

52.              Recommital- Committee: ZEP – RE (Membership of Zimbabwe and Branch Office Agreement) Bill, (H.B. 9, 2016)- The Minister of Finance and Economic Development.

(See Notice of Amendments)

 

53.              The Minister of Mines and Mining Development

 

That the Minerals and Exploration Marketing Corporation Bill (H.B. 11, 2015) which was superseded by the end of the Third Session of the Eighth Parliament be restored on the Order Paper at the stage it had reached in terms of Standing Order No. 161 (1).

 

 

54.       Committee of Supply.

 

 

 

Notices of Amendments

 

ZEP - RE (Membership of Zimbabwe and Branch Office Agreement) Bill, (H.B. 9, 2016)

 

Long Title

 

By The Minister of Finance and Economic Development:

 

On page 1 of the Bill, after the long title, insert a heading titled “Preamble.”

On page 1 of the Bill, delete the recitals and substitute with the following-

“WHEREAS the Agreement for the Establishment of the ZEP-RE (PTA    Reinsurance Company) (hereinafter called “the Company”) was concluded on     November 23, 1990, among member states of the Preferential Trade Area      (PTA) (now the Common Market for Eastern and Southern Africa), including        Zimbabwe, by virtue of which Zimbabwe is a member;

AND WHEREAS the PTA Authority, at its tenth meeting, took the decision that the        Company commence operations on September 1, 1992;

AND WHEREAS for the purposes of regulating matters relating to legal capacity,            privileges and immunities of the Company granted pursuant to Article       40 of the agreement establishing the Company;

“NOW, THEREFORE, be it enacted by the Parliament and President of Zimbabwe.”

 

National Peace and Reconciliation Commission Bill, (H.B. 2, 2017)

 

Preamble

By Hon. Gonese:

In line 10 on page 3 of the Bill, to delete the words “WHEREAS sections 251 to 253 of the Constitution provide as follows:” and to substitute:

“WHEREAS Zimbabwe must seek a departure from a past of violence and gross violation of human rights, and a transition from fear and hatred, and instead must embrace the call to dialogue and truth, seeking a new path to a future of peace and respect for human rights, a future of hope and love, a new culture of justice and accountability;

AND WHEREAS the Constitution provides that path to justice, dialogue and restoration, to truth-telling and the making of amends, to support and rehabilitation of victims, and offers new tools for the construction of a society of sustainable peace through the establishment of the National Peace and Reconciliation Commission;

AND WHEREAS sections 251 to 253 of the Constitution provide as follows:”.

 

Clause 1

By Hon. Gonese:

In line 47 on page 4 of the Bill, to delete “, 2017,”.

 

Clause 2

By Hon. Gonese:

Between lines 12 and 13 on page 5 of the Bill, to insert the following definition:

““human-rights violation” means an infringement of any right protected as a fundamental human right by the Constitution or customary international law or by an international convention, treaty or agreement to which Zimbabwe is a party;”.

 

Clause 3

By Hon. Gonese:

In line 38 on page 5 of the Bill, in paragraph (a) of subclause (2) to delete the words “to conduct” and to substitute “on its own initiative or on receipt of a complaint or at the instigation of any person, to conduct”.

Between lines 40 and 41 on page 5 of the Bill, to insert the following paragraphs after paragraph (a) of subclause (2), the remaining paragraphs being renumbered accordingly:

               “(b)   to conduct its investigations in whatever manner, formally or informally and inside or outside Zimbabwe, as the Commission considers appropriate in the circumstances;  and

                 (c)   to secure the resolution of disputes through arbitration or mediation or any other means that the Commission considers will best achieve justice, healing and reconciliation;  and

                 (d)   to develop and operate programmes to provide support victims of human-rights violations and other persons affected by such violations, including—

                           (i)   rehabilitation, counselling and medical treatment;  and

                          (ii)  providing them with opportunities to relate their experiences;  and

                         (iii)  measures to restore their human dignity;

                         and

                 (e)   to collect and preserve information, whether in documents or in digital or other form, regarding human-rights violations, conflicts and disputes and the Commission’s activities;  and

                 (f)   subject to any other law, to ensure that the information referred to in paragraph (e) is accessible to the public;  and”.

 

Clause 6

By Hon. Gonese:

Between lines 21 and 22 on page 6 of the Bill, to insert the following subclause, the remaining subclauses being renumbered accordingly:

“(3)           The Commission shall take all measures necessary to ensure that victims of human-rights violations, as well as their families and representatives, have full access to the Commission and are treated with compassion and respect for their dignity.”.

 

Clause 8

 

By The Vice President and Minister of National Healing, Peace and Reconciliation:

 

On page 7 of the Bill, in line 13, after the words “Civil”, insert the words, “and criminal”.

 

New Clause after Clause 8

By Hon. Gonese:

After line 14 on page 7 of the Bill, to insert the following clause after clause 8, the remaining clauses to be renumbered accordingly:

“1. Gender

(1) The Commission shall establish a Gender Unit to provide for—

                 (a)   The development of specific guidelines and rules on how the Commission will incorporate gender into its work;

                 (b)   The development of strategies to encourage the participation of women, girls and other marginalised groups in the work of the Commission

                   (c) Gender equity in the structure of the Commission, its secretariat and any other committees that the Commission may set up

                   (d)  Mainstreaming of gender imperatives into every aspect of the Commission’s work

                 (e)  Ensuring that all organs of the Commission shall consider and address the gender implications of their activities

                  (f) Developing protocols for statement taking, collection and analysis of gender and sex-disaggregated data, the conduct of interviews and hearings and other operational matters to ensure that gender concerns are fully addressed

                 (g) Monitoring gender related practices within the Commission and advice on best practice and principle.

                (h)    Investigating the use of sexual crimes as a weapon during and after conflicts

                 (i) Reaching out to and identify victims of gender based violations and provide such victims an opportunity, in private or public, to relate their own accounts of the violations or harm they have suffered and to set out their needs;

                (j) Holding specific public or private hearings on the gendered nature and context of violence and marginalization; and investigate the causes of such violence and marginalization; 

               (k) Assessing the needs of victims of gender based violations and marginalization and make recommendations which may include urgent interim measures, as to the appropriate measures required to redress such violations and marginalization, including the policy which should be followed or measures which should be taken to restore the human and civil dignity of such victims;

              (l) Ensuring that every report of the Commission shall carry a specific Chapter on gender

 

        (2) The Commission shall appoint or second a dedicated gender focal person to every Unit, Committee or Body that it may establish for the purposes of this Act.

 

Clause 9

By Hon. Gonese:

Between lines 39 and 40 on page 7 of the Bill, to insert the following subclause, the remaining subclauses being renumbered accordingly:

“(5)           The Commission may recommend to the Director of the Legal Aid Directorate that any person who—

                 (a)   is about to give or is giving evidence before the Commission;  or

                 (b)   is a victim of a human-rights violation or is a representative of such a victim;

should be provided with legal aid, and the Director shall take action on such a recommendation as if it had been made by a court in terms of section 10 of the Legal Aid Act [Chapter 7:16].”.

 

Clause 10

By Hon. Gonese:

In lines 23 to 25 on page 9 of the Bill, to delete from the proviso to subclause (3) the words “is arraigned on a charge of perjury as defined in terms of section 183 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]” and to substitute “is charged with a contravention of section 9(11)”.

 

Clause 11

By Hon. Gonese:

In line 34 on page 9 of the Bill, to delete from subclause (1) “The Commission shall” and to substitute “The Commission may”.

Between lines 36 and 41 on page 9 of the Bill, to repeal subclause (2).

 

New Clause after Clause 11

By Hon. Gonese:

After line 44 on page 9 of the Bill, to insert the following clause after clause 11, the remaining clauses to be renumbered accordingly:

“12 Witness protection programme

(1) The Commission shall establish a witness protection programme to provide protection for—

                 (a)   persons who intend to give evidence to the Commission or any of its committees or who are giving or have given such evidence;  and

                 (b)   members of the families or households of the persons referred to in paragraph (a);

where there are reasonable grounds to believe they may be subjected to intimidation or harm arising from such evidence.

(2) The Minister and all public officers shall provide the Commission, on request, with all reasonable assistance in the establishment and implementation of the witness protection programme referred to in subsection (1).

(3) As soon as practicable after establishing a witness protection programme, the Commission shall prepare a report outlining the programme and its costs, and the Minister shall without delay lay it before the Senate and the National Assembly.”.

 

Clause 12

By Hon. Gonese:

Between lines 4 and 6 on page 10 of the Bill, to delete paragraph (a) of the clause.

 

New Clause after Clause 15

By Hon. Gonese:

Between lines 14 and 15 on page 12 of the Bill, to insert the following new clause in Part IV after clause 15:

“16 Implementation of Commission’s reports

Within six months after the Commission’s annual report for any year has been laid before National Assembly, the Minister shall present to the Assembly a report indicating clearly—

                 (a)   which of the recommendations in the Commission’s report the Government intends to implement, and the way they are to be implemented;  and

                 (b)   which of the recommendations in the Commission’s report the Government does not intend to implement, and the reasons for not implementing them;

and the National Assembly shall debate the Minister’s report on one of the fifteen days on which it sits after the report was presented.”.

 

New Clauses after Clause 18

By Hon. Gonese:

Between lines 4 and 5 on page 19 of the Bill, to insert the following clauses after clause 19:

“20 Immunity from prosecution

(1) Subject to this section, the Commission may grant an immunity from prosecution to any particular person who has given evidence before the Commission and who—

                 (a)   has acknowledged responsibility for any offence which constitutes a human-rights violation;  and

                 (b)   in the Commission’s opinion, has shown remorse for his or her involvement in the human-rights violation:

Provided that the Commission shall not grant immunity in respect of —

                 (a)   murder;  or

                 (b)   any conduct that constitutes genocide for the purpose of the Genocide Act [Chapter 9:20];  or

                 (c)   any offence that constitutes a war crime or a crime against humanity under any international convention, treaty or agreement to which Zimbabwe is a party;  or

                 (d)   a sexual crime specified in sections 65 to 75 of the Criminal Law (Codification and Reform) Act [Chapter 9:23];  or

                 (e)   an offence involving the abuse of a child.

(2) For the purpose of granting an immunity from prosecution, the Commission shall establish a committee, to be known as the Clemency Committee, consisting of five persons of whom—

                 (a)   the majority shall have had experience in working with victims of human-rights violations;  and

                 (b)   at least two shall themselves be victims of human-rights violations;

and when considering a grant of immunity, the Commission shall take due account of the Committee’s recommendations made after hearing representations from any victims of the human-rights violation committed by the person concerned.

(3) A grant of from prosecution by the Commission shall be in writing and shall specify clearly the offence for which immunity is granted, and the grant shall give the person to whom it is granted a complete defence in any prosecution in which he or she is charged with that offence.

21 Commission to have access to information

(1) In this section—

“public officer” means—

                           (a)   a member of a statutory body;  or

                          (b)   a person holding a paid office in the service of the State or a statutory body;

“statutory body means—

                           (a)   a Commission established by the Constitution;  or

                          (b)   a provincial or metropolitan council or local authority;  or

                           (c)   a body corporate established directly by or under an Act of Parliament for special purposes specified in that Act, whose membership consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, a Deputy Minister, another statutory body or by a Commission established by the Constitution.

(2) On request by the Commission, all public officers shall without delay provide the Commission with any information in their custody which the Commission may reasonably require for the purpose of carrying out its functions under the Constitution or this Act.

(3) Any person who fails or refuses, without just cause, to comply with a request by the Commission in terms of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

22 Reference of disputes to arbitration or mediation

(1) Where the Commission is called upon to resolve any dispute among communities, organisations, groups or individuals, it may refer the dispute for resolution by arbitration or mediation.

(2) Subject to this section, the Arbitration Act [Chapter 7:15] shall apply to a dispute referred to arbitration in terms of subsection (1).

(3) Before referring a dispute to arbitration or mediation, the Commission shall afford the parties a reasonable opportunity of making representations on the matter.

(4) In referring a dispute to arbitration or mediation, the Commission, after consultation with the parties to the dispute, shall determine the arbitrator’s or mediator’s terms of reference.

(5) In referring a dispute to arbitration or mediation, the Commission shall appoint as an arbitrator or mediator a person whose name appears on a list of arbitrators or mediators, as the case may be, referred to in subsection (6).

(6) The Minister, in consultation with the Judicial Service Commission, shall from time to time prepare—

                           (a)   a list of arbitrators;  and

                          (b)   a list of mediators;

consisting of persons whom they consider to be experienced or qualified in arbitration or mediation, as the case may be.

(7) In hearing and determining any dispute, an arbitrator shall have the same powers as the Administrative Court.

(8) At the conclusion of an arbitration under this section the arbitrator shall submit sufficient certified copies of his or her arbitral award to each of the parties affected by it.

(9) Any party to whom an arbitral award relates may submit for registration the copy of it furnished to him in terms of subsection (8) to the Registrar of the High Court.

(10)  Where arbitral award has been registered in terms of subsection (9) it shall have the effect, for purposes of enforcement, of a civil judgment of the High Court.

(11)  Any person who, without just cause—

                 (a)   refuses to appear before an arbitrator or mediator when called upon to do so by the Commission;  or

                 (b)   hinders or obstructs an arbitrator or mediator in the exercise of his or her functions under this section;

shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.”.

 

First Schedule

By Hon. Gonese:

Between lines 26 to 29 on page 14 of the Bill, to delete the proviso to paragraph 2(5).

 

 

BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Mines and Minerals Amendment Bill, (H. B. 19, 2015)- The Minister of Mines and Mining Development (Referred 11th May, 2017).

 

 

BLOG COMMENTS POWERED BY DISQUS
National Assembly Votes NATIONAL ASSEMBLY VOTES 20 JUNE 2017 NO 72