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NATIONAL ASSEMBLY VOTES 30 MAY 2019 NO 58

 

No. 58

 

 

PARLIAMENT

 

OF

 

ZIMBABWE

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VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

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FIRST SESSION – NINTH PARLIAMENT

 

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THURSDAY, 30TH MAY, 2019

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Quarter past two o’clock pm.

The Speaker in the Chair.

 

Prayers.

 

Members Present

 

Banda S,

Bhuda S,

Biti L. T.,

Bushu B.,

Bvute O.,

Chamisa S.,

Chasi F.,

Chibagu G.,

Chibaya A,

Chidakwa J.,

Chidakwa P.

Chidamba S.,

Chidziva H.,

Chihururu C.,

Chikombo W.,

Chikudo Rueben,

Chikuni E.,

Chikwama B.,

Chikwinya S.,

Chimbaira G.,

Chimina L.,

Chinanzvavana C,

Chingosho C. P.

Chinyanganya M.,

Chipato A, 

Chitura L,

Chombo M,

Dinar K,

Dube B,

Dube G,

Dube P,

Dutiro P,

Dzepasi G,

Dzuma S.,

Gabbuza J. G.,

Gandawa M. A,

Garwe D.,

Gezi T.,

Gonese I T,

Gorerino O.,

Gozho C,

Gumbo J. M.,

Gumbwanda K. R.,

Gwanongodza E.,

Hamauswa S.,

Hwende C.,

Jaja J.,

Kabozo S.,

Kankuni W,

Kapuya F.,

Karenyi L.,

Karumazondo M. T.,

Kashambe M. T.,

Kashiri C.,

Khumalo M.,

Khumalo T.,

Kureva E.,

Kwaramba G.,

Maboyi R M.,

Machakarika T.,

Machando P.,

Machingauta C.

Madhuku J,

Madiwa C.,

Madzimure W.,

Madziva S.,

Mafuta S. V.,

 Mago N,

Mahlangu S,

Majaya B.,

Makoni R R,

Makonya J,

Markham A. N.,

Maronge C.,

Masango C. P.,

Masenda N. T,

Mashakada T.

Masiya D.,

Masuku E,

Masuku P.,

Matangira T. R,

Mataranyika D. M.,

Mataruse P.,

Matewu C.,

Matsikenyere N.,

Matsunga S.,

Mavenyengwa R.,

Mavetera T. A.,

Mavhunga M,

Mawite D.,

Mayihlome L,

Mbondah M,

Mchenje S. M.,

Mguni O.,

Mguni S K,

Mhere E.,

Mkandla M.,

Mlambo M. M.,

Mliswa T P

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,

Mushayi M.,

Mushoriwa E.,

Musikavanhu D. A.,

Musiyiwa R.,

Muswere J.,

Mutambisi C,

Mutodi E.,

Mutomba W.,

Mutseyami C. P,

Myambo A.,

Ncube E.,

Ncube F.,

Ncube Ophar,

Ndebele A.,

Ndiweni D.,

Ndlovu A.,

Ndlovu N,

Ndlovu S.,

Nduna D. T.,

Nguluvhe A.,

Ngwenya S.,

Nhambo F.,

Nhari V,

Nkani A.,

Nyabani T,

Nyamudeza S,

Nyashanu M. Dr,

Nyabote R. 

Nyathi R. R,

Nyere C.,

Nyokanhete J,

Nyoni I,

Omar Joosbi,

Paradza K.,

Phulu K. I.,

Raidza M.,

Rungani A,

Rwodzi B.,

Saizi T.

Samambwa E.,

Samson A.,

Sansole T. W.,

Sanyatwe C.,

Sewera J N,

Shamu W. K.,

Shava J.,

Shirichena E.,

Shongedza E.,

Shumbamhini H.,

Sibanda D P,

Sibanda D. S.,

Sibanda M.,

Sibanda Z.,

Sikhala J.,

Singo L,

Sithole G K,

Sithole James,

Sithole Josiah,

Sithole S,

Svuure D,

Tarusenga U D,

Tekeshe D.,

Toffa J.,

Tongofa M.,

Tshuma D.,

Tsunga R,

Tsuura N.,

Tungamirai T.,

Zemura L,

Zengeya – Muradzikwa V

Zhemu S,

Zhou P,

Zhou T,

Ziyambi ,

Zwizwai M.

 

 

 

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

 

Hon. July Moyo

Hon. Ncube Mthuli

 

 

Absent with Leave

 

                                     

Hon. Tsvangirai J.V.; Hon. Mpame; Hon. Simbanegavi;

 

 

 

            ORDERS OF THE DAY AND NOTICES OF MOTIONS

           

1.      The Speaker informed that House that on 15 May 2019, Parliament had received a petition from Mr. Mutuso Dhliwayo from the Zimbabwe Environmental Lawyers Association, beseeching Parliament to push for a review and alignment of the mining laws to the Constitution. He advised the House that the petition had been referred to the Portfolio Committee on Mines and Mining Development.

 

2.      The Minister of Energy and Power Development made a Ministerial Statement on the State of the Energy Sector in Zimbabwe.

 

3.      The Minister of Justice, Legal and Parliamentary Affairs, moved: That Orders of the Day Nos. 1 and 2 for today, stand over, until Order of the Day No. 3 has been disposed of.

 

Motion put and agreed to.

 

4.      Committee: Microfinance Bill, (H.B. 11, 2018) -The Minister of Finance and Economic Development.

(House in Committee)

Clause 1, put and agreed to.  

On Clause 2, The Minister of Finance and Economic Development, moved:

To include the following definition in Section 2 (Interpretations) of the Act

"minimum capital " means capital representing a permanent commitment of funds by the shareholders of the deposit-taking microfinance institution (net of any loans and advances given to an insider and borrowed capital) which is available to meet losses incurred without imposing a fixed unavoidable charge on the institution's earnings, and includes such of the following elements as are available to the institution after making any required deductions—

(a)  issued and fully paid up ordinary shares or common stock;

(b)  paid up non-cumulative irredeemable preference shares;

(c)  reserves consisting of —

(i)  non-repayable share premiums;

(ii)  disclosed reserves created by a charge to net income in the financial year immediately preceding the current one;

(iii)  published retained earnings for the current year, including interim earnings, where these have been verified by external auditors; and

(i)     such other elements as may be prescribed from time to time;

 

 

Amendment put and agreed to.

Clause 2, as amended, put and agreed to.

 

Clause 3, put and agreed to.

 

 

New Clause 4; The Minister of Finance and Economic Development, moved:  

Section 5 Exercise of functions by the Registrar

Amend section 5 of the Act by adding subsections (3) and (4) that read as follows:

“(3) The Registrar, on reasonable written notice to deposit taking microfinance institutions and controlling companies concerned, may adopt such sound prudential supervisory and regulatory practices that are considered appropriate for the purpose of monitoring and supervising the activities of banking institutions and controlling companies.

(4) The Registrar shall ensure that the standards and practices adopted in terms of subsection (1) are made known to the deposit taking microfinance institutions and controlling companies”.     

 

Amendment put and agreed to.

New Clause 4, as amended, put and agreed to.

 

On Clause 4, The Minister of Finance and Economic Development, moved:

 

 Section 5A (1) (a) of the Bill is amended to read-

5A Microfinance Advisory Council

“(1) There is hereby established a council, to be known as the Microfinance Council, consisting of – (a) the Registrar whose office shall be the Secretariat,  

 

Section 5A (5) of the Bill to be amended to read

 

Section (5) The            procedure of the Microfinance Advisory         Council, including the rotation of the Chairperson, shall be as           prescribed or as           fixed from time           to time by the Council.”

Amendment put and agreed to.

Clause 4, as amended, put and agreed to.

 

Clause 5 and 6, put and agreed to.

 

On Clause 7,  The Minister of Finance and Economic Development, moved,

 

To delete section 10 (1) and amend section 10 (2) of the Bill to read-

      (1)  The            registration of microfinance institutions shall remain in force until itis cancelled in terms of  this Act.

(2)  Every registered microfinance institution shall pay the Registrar each year an annual fee of the prescribed amount.

(3)  The annual fee referred to in subsection (2) shall be paid by such date and in such manner as may be prescribed.

To delete Section 10A of the Bill.

Amendment put and agreed to.

Clause 7, as amended, put and agreed to.

 

Clauses 8 to 13 put and agreed to.   

 

On Clause 14, The Minister of Finance and Economic Development, moved,

 

A new statement to be added to section 20 of the Act, which reads as follows:

(7)  The Chairperson of the Board of Directors of a deposit taking microfinance Institution must be a non-executive and independent.

 

Amendment put and agreed to.

Clause 14, as amended, put and agreed to.

 

Clauses 15 to 23 put and agreed to.

 

Clause 24, The Minister of Finance and Economic Development, moved:

Add new section to Section 34 of the Act to read as follows:

(7) Shareholders of the microfinance institution are to be fit and proper persons.

 

Amendment put and agreed to.

Clause 24, as amended, put and agreed to.

 

Clauses 25 to 27 put and agreed to.

 

On Clause 28, The Minister of Finance and Economic Development, moved:

 

Amend Section 41 of the Act by adding subsection (3) as follows:

(3) The Registrar may recover the expenses of the investigation from monetary penalties imposed on Microfinance institutions in terms of section 37 of the Act.

 

Amendment put and agreed to.

Clause 28, as amended, put and agreed to.

 

New Clauses 29 to 33 and schedule put and agreed to.

 

Bill to be reported with amendments

 

                                                                        (House resumed)

 

Bill reported with amendments – Referred to the Parliamentary Legal Committee.

 

The Minister of Justice, Legal and Parliamentary Affairs, moved: That the House reverts to Order of the Day No. 2.

 

Motion put and agreed to.

 

5.      Committee: Consumer Protection Bill, (H.B. 10, 2018) –The Minister of Industry and Commerce.

 

 

(House in Committee)

On the long title, the Minister of Justice, Legal and Parliamentary Affairs (for the Minister of Industry and Commerce) moved:

On page 5 of the Bill, in line 4, delete the word “Agency” and substitute with “Commission”.

Amendment put and Agreed to.

Long title as amended put and agreed to.

On Clause 1, The Minister of Justice, Legal and Parliamentary Affairs (for the Minister of Industry and Commerce) moved:

On page 5 of the Bill, in line 13, delete the word “Zimbabwe”.

 

Amendment put and agreed to.

Clause 1, as amended, put and agreed to.

 

On Clause 2, The Minister of Justice, Legal and Parliamentary Affairs for Minister of Industry and Commerce, moved:

On page 5 of the Bill, in lines 17 and 20 delete the word “Authority” and substitute with “Commission”.

On page 6 of the Bill, in line 1, delete the word “Agency” wherever it appears and substitute with “Commission”.

On page 6 of the Bill, in line 7, delete the word “Authority” and substitute with “Commission”.

 

Amendments put and agreed to.

Clause 2, as amended, put and agreed to.

 

Clause 3 put and agreed to.

 

On Clause 4, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 10 of the Bill, in line 29, delete the word “Agency” and substitute with “Commission”.

On pages 10 and 11 of the Bill, delete Clause 4 and substitute with the following—

4   Establishment of Consumer Protection Commission

       There is hereby established a Commission, to be known as the Consumer Protection

Commission, which shall be a body corporate capable of suing and being sued in its corporate

name and performing all acts that body corporates may by law perform.”.

 

Amendment put and agreed to.

Clause 4, as amended, put and agree to.

 

On Clause 5, The Minister of Justice, Legal and Parliamentary Affairs for (Minister of Industry and Commerce) moved:

On pages 11 and 12 of the Bill, in lines 6-13, delete Clause 5 and substitute with the following—

5 Composition of Commission

(1)  The Commission shall consist of the Chief Executive Officer who shall be an ex officio member and not less than seven and not more than twelve members appointed by the Minister after consultation with the President and of whom at least—

       (a)   one member shall be qualified or experienced in environmental matters;  and

       (b)   one member shall be qualified or experienced in agriculture  matters;  and

       (c)   one member shall be nominated from the Ministry responsible for Industry and Commerce;  and

       (d)   one member shall be qualified or experienced in competition and trade matters;  and

       (e)   one member shall be qualified or experienced in standards and quality matters;  and

       (f)   a legal practitioner registered as such in terms of the Legal Practitioners Act [Chapter 27:07];  and

       (g)   one member shall be qualified or experienced in energy matters;  and

       (h)   five members from accredited consumer protection advocacy groups shall be qualified or experienced in consumer protection matters.

(2) In appointing members of the Commission, the Minister shall—

         (a) designate one member as Chairperson and another as Vice-chairperson of the Commission:

                     Provided that if the Chairperson is male, the Vice-chairperson shall be female or vice versa;  and

       (b) endeavour to ensure that at least half the appointed members are women;  and

       (c) ensure fair regional representation;  and

      (d) take specific measures to ensure the inclusion and representation of persons with disabilities.

(3) A member of the Commission, other than an ex officio member, shall hold office for a period of not more than five years and may be eligible for re-appointment for one more term, upon satisfactory performance, unless his or her appointment is terminated in terms of the First Schedule.

 (4) The conditions of the Commission members shall be as specified in the First Schedule.

(5) For the Commission to better discharge its functions in terms of section 6, it shall have the powers specified in the Second Schedule.

(6) The Secretary of the Commission shall be the Chief Executive Officer and as such shall be—

      (a)   responsible to the Commission for the administration and management of its affairs;  and

       (b) in charge of all administrative, executive and other staff of the Commission;  and

       (c) responsible for causing a proper records of minutes to be kept;  and

       (d) in all such matters and at all times, be subject to the direction and control of the Commission.

(7) The Secretary of the Commission shall exercise such powers and perform such duties as the Commission may delegate to him or her in writing from time to time.

(8) Any delegation of functions in terms of subsection (7)—

(a) may be made generally or specifically and subject to such conditions, restrictions, reservations and exceptions as the Commission may determine;

(b) may be revoked by the Commission at any time;

(c) shall not preclude the Commission itself from exercising such delegated functions.

(9) With the approval of the Minister and in consultation with the Chief Executive Officer, the Commission may employ such other members of stuff as it considers necessary to further its functions.”.

 

Amendment put and agreed to.

Clause 5, as amended, put and agreed to.

 

On Clause 6, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 12 of the Bill, in lines 14 -44, delete Clause 6 and substitute with the following—

6   Functions of Commission

The functions of the Commission shall be to

      (a)      protect consumers from unconscionable, unreasonable, unjust or otherwise improper trade practices; as well as deceptive, misleading, unfair or fraudulent conduct; 

       (b)   conduct conciliation and arbitration between parties;

         (c)   promote fair business practices;

        (d)    co-ordinate and network consumer activities and liaise with consumer organisations and the      competent authorities and agencies locally and outside Zimbabwe to protect consumer interests;

        (e) promote consumer confidence, awareness, empowerment, and the development of a culture of consumer responsibility, through individual and group education, vigilance, advocacy and activism;

        (f) provide for a consistent, accessible and efficient system of consensual resolution of disputes and redress arising from consumer transactions;

        (g) refer matters to and appearing before any court of law, as permitted or required by this Act;

         (h) negotiate and conclude undertakings and consent orders;

         (i) issue and enforce compliance notices in terms of section 69 of this Act;

         (j) receive complaints concerning alleged prohibited conduct or offences, and dealing with those complaints;

         (k) investigate and evaluate alleged prohibited conduct and offences;

         (l) maintain a record of and publish annual reports on consumer complaints and the outcomes of    any hearings;

        (m) encourage and assist governmental and official organisational support to further the interests of consumers and consumer organisations;

         (n) refer to the Competition Commission or any other relevant Authority any concerns regarding market share, anti-competitive behaviour or conduct that may be prohibited in terms of the Competition Act [Chapter 14:28] or other relevant Acts;

         (o) cooperate with other consumer protection authorities to obtain redress across borders for consumers affected by fraudulent and deceptive commercial practices;

         (p) promote international co-operation in the comparative testing of consumer goods and services and to facilitate exchange of test methods, plans and results;

         (q) recommend the effective implementation of this Act and any other laws affecting consumers;

         (r) monitor—

(i) the consumer market to ensure that prohibited conduct and offences are prevented, detected and prosecuted; and

(ii) the effectiveness of accredited consumer groups, industry codes of conduct and alternative dispute resolution schemes, service delivery to consumers by organs of state, and any regulatory authority exercising jurisdiction over consumer matters within a particular industry or sector;

         (s) regulate the accreditation of consumer protection advocacy bodies and industry associations; and

         (t) exercise any other function that may be conferred or imposed on the Commission by or in terms of this Act or any other enactment.”.

 

Amendment put and agreed to.

Clause 6, as amended, put and agreed to.

 

On Clause 7, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 13 of the Bill, in lines 1-33, delete Clause 7 and renumber the subsequent clauses accordingly.

 

Amendment put and agreed to.

Clause 7, as deleted, put and agreed to.

 

On Clause 8, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On pages 13-15 of the Bill, in Clause 8, delete the word “Agency” wherever it appears and substitute with “Commission”.

On pages 14 of the Bill, in line 25, delete the word “Authority” and substitute with “Commission”.

 

Amendment put and agreed to.

Clause 8, as amended, put and agreed to.

 

On Clause 9, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 15 of the Bill, in lines 6, 9 and14, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 9, put and agreed to

 

Clauses 10 to 15 put and agreed to.

 

On Clause 16, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 18 of the Bill, in line 17, delete the word “Authority” substitute with “Commission”.

On page 18 of the Bill, in lines 37, 40 and 42, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 16, as amended, put and agreed to.

 

Clauses 17 to 30 put and agreed to.

 

On Clause 31, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 29 of the Bill, in line 28, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 31, as amended, put and agreed to.

 

Clause 32 to 48 put and agreed to.

 

On Clause 49, The Minister of Justice, Legal and Parliamentary Affairs for Minister of Industry and Commerce, moved:

On page 43 of the Bill, in lines 13, 18, 22 and 26, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 49, as amended, put and agreed to.

 

Clauses 50 to 65 put and agreed to.

 

On Clause 66, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 51 of the Bill, in lines 5 and 19, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 66, as amended, put and agreed to.

 

On New Clause 67, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 51 of the Bill, after line 21, insert the following clause—

“67 Enforcement of rights by Commission

(1) Any person who has failed to have their dispute resolved through alternative dispute resolution may approach the Commission, in the prescribed manner and form, concerning the dispute. 

(2) Upon initiating or receiving a case in terms of subsection (1), the Commission may—

       (a)   refer the case to another regulatory authority with jurisdiction over the matter for investigation; or

       (b)   direct an inspector to inspect or investigate the case within fourteen days;  or

       (c)   conciliate or mediate the case.

(3) At any time during an investigation, the Commission may designate one or more persons with relevant expertise to assist the inspector conducting the investigation.

(4) The Commission may—

(a)  initiate the proceedings where it considers necessary; or

(b)  when directed to do so by the Minister or on the request of—

                  (i)   an accredited consumer advocacy Group; or

                 (ii)   a regulatory authority; or

                (iii)   any person acting in the public interest or on behalf of a group or class of affected persons;

             refer a case to the court concerning any alleged prohibited conduct.

(5) The Commission may issue a notice of non-referral to the complainant in the prescribed form where the—

       (a)   case appears to be frivolous and vexatious;  or

       (b)   facts alleged in the case do not constitute grounds for a remedy in terms of this Act;  or

        (c)  case has prescribed in terms of the Prescription Act [Chapter 8.11].”.

 

Amendment put and agreed to.

New Clause 67 put and agreed to.

 

Clause 68 put and agreed to.

 

On Clause 69, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and

Commerce) moved:

On page 52 of the Bill, in lines 2, 27, 30, 33, 35, 39, 41 and 43, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 69, as amended, put and agreed to.

 

Clause 70 put and agreed to.

 

On Clause 71, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 53 of the Bill, in lines 11, 15, and 23, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 71, as amended, put and agreed to.

 

On Clause 72, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 53 of the Bill, in lines 29, 31, 34, and 35, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 72, as amended, put and agreed to.

 

On Clause 73, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 54 of the Bill, in lines 2 and 8, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 73 as amended, put and agreed to.

 

On Clause 74, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 54 of the Bill, in lines 13- 28, delete the word “Agency” wherever it appears and substitute with “Commission”.

Amendment put and agreed to.

Clause 74, as amended, put and agreed to.

 

Clauses 75 and 76 put and agreed to.

 

On Clause 77, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 56 of the Bill, in lines 7 and 8, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 77, as amended, put and agreed to.

 

On Clause 78, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 56 of the Bill, in lines 11, 15, 17, 21, 31 and 37, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 78, as amended, put and agreed to.

 

On Clause 79, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce)  moved:

On page 57 of the Bill, in line 13, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 79, as amended, put and agreed to.

 

On Clause 80, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 57 of the Bill, in lines 17, 19, 20, 22, 27, and 28, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 80, as amended, put and agreed to.

 

On Clause 81, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 58 of the Bill, in line 12, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 81, as amended, put and agreed to.

Clause 82 put and agreed to.

 

On New Part VIII, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 58 of the Bill, after line 22, insert the following part—

PART VIII

Financial Provisions

83  Funds of Commission

(1) The Minister in consultation with the Commission shall, subject to the constitution drawn up for the regulation of the fund in terms of section 18 of the Public Finance Management Act [Chapter 22:18], establish the Consumer Protection Fund.

(2) The Consumer Protection Fund shall be applied for the purpose of enabling the Commission to fulfil its functions in terms of section 6 and to capacitate consumer organisations.

(3) The Consumer Protection Fund shall consist of—

              (a)   monies appropriated by Parliament for the achievement of the objectives of the Commission;

              (b)   monies received by the Commission by virtue of the regulations made in terms of this Act;

              (c)   monies obtained by means of loans raised by the Commission with the approval of the Minister, in consultation with the Minister responsible for Finance;

              (d)   interest on investments;

              (e)   donations, bequests, grants, contributions or royalties received by the Commission with the approval of the Minister;

              (f)    fees, levies and other income accruing to the Commission from registration, accreditation or any services provided by the Commission;

              (g)   such other monies as may vest in or accrue to the Commission, whether in the course of its operations or otherwise.

(4) The Commission shall employ its funds to defray expenses in connection with the performance of its functions.

(5) The Commission shall in each financial year at such time and in such forms as the Minister may determine, submit a statement of its estimated income and expenditure for the ensuing financial year to the Minister for approval.

(6) The monies referred to in subsection (3) shall be employed by the Commission in accordance with the approved statement of income and expenditure referred to in subsection (5) above and any unexpected balance shall be carried forward as a credit to the following year.

(7) Subject to the provisions of subsection (6), the Commission may invest any portion of its funds in such manner as the Minister with the concurrence of the Minister responsible for Finance may approve.

84    Investment of monies not immediately required by the Commission

Monies not immediately required by the Commission may be invested in such manner as the Commission after consultation with the Minister considers appropriate.

85    Financial year of Commission

The financial year of the Commission shall be the period of twelve months ending on the 31 December in each year.

86    Accounts of Commission

(1) The Commission shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Commissions’ activities, funds and property, including such particular accounts and records as the Minister may direct.

(2) Not later than three months after the end of each financial year of the Commission, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may direct.

(3) Section 80 of the Public Finance Management Act [Chapter 22.19] (No. 11 of 2009), shall apply, with such changes as may be necessary, to the appointment of an internal auditor to the Commission in all respects as if the Commission were a Ministry or a department of a Ministry.

 

Amendment put and agreed to.

New Part VIII, put and agreed to.

 

On Clause 83, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 58 of the Bill, in lines 26- 35, delete the word “Agency” wherever it appears and substitute with “Commission”.

Amendment put and agreed to.

Clause 83, as amended, put and agreed to

 

On Clause 84, The Minister of Justice, Legal and Parliamentary Affairs for Minister of Industry and Commerce, moved:

On page 58 of the Bill, in line 37, delete the word “Agency” and substitute with “Commission”.

On page 59 of the Bill, in lines 12, 16, 19 and 20, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 84, as amended, put and agreed to.

 

On Clause 85, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 59 of the Bill, in lines 21, 22, 24, 27, 29 and 31, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 85, as amended, put and agreed to.

 

On Clause 86, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 59 of the Bill, in lines 34 and 37, delete the word “Agency” wherever it appears and substitute with “Commission”.

Amendment put and agreed to.

Clause 86, as amended, put and agreed to.

 

On Clause 87, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 60 of the Bill, in lines 3, 11 and 13, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 87, as amended, put and agreed to.

 

On Clause 88, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 60 of the Bill, in lines 25, 26 and 29, delete the word “Agency” and substitute with “Commission”.

Amendment put and agreed to.

Clause 88, as amended, put and agreed to.

 

On Clause 89, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 60 of the Bill, in line 38, delete the word “Agency” and substitute with “Commission”.

 

Amendment put and agreed to.

Clause 89, as amended, put and agreed to.

 

On Insertion of schedules, The Minister of Justice, Legal and Parliamentary Affairs (for Minister of Industry and Commerce) moved:

On page 60 of the Bill, after line 45, insert the following Schedules—

 

“FIRST SCHEDULE (Section 5 (3) & (4))

PROVISIONS APPLICABLE TO COMMISSION

Paragraphs

1.      Interpretation in Schedule

2.      Terms of office and conditions of service of members.

3.      Disqualifications for appointment as member.

4.      Chairperson and vice-chairperson.

5.      Vacation of office by member.

6.      Dismissal or suspension of member.

7.      Filling of vacancies on Commission.

8.      Meetings and procedure of Commission.

9.      Committees of Commission.

10.    Remuneration and expenses of Commission and members of committees.

11.    Validity of decisions of Commission.

12.    Minutes of proceedings of Commission and committees.

13.    Members of the Commission to disclose certain connection and interests.

 

 Interpretation in Schedule

1.“member” means a member of the Commission.

Terms of office and conditions of service of members

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

(2)  A member shall continue in office after the expiry of his or her term until he or she has been re-appointed or his or her successor has been appointed.

       Provided that a member shall not hold office in terms of this subparagraph for longer than six months.

(3)  Subject to paragraph 1 a member shall hold office on such terms and conditions as the Minister may fix in relation to members generally.

(4)  A retiring member is eligible for re-appointment as a member:

       Provided that no member may be re-appointed for a third term in office.

(5)  The terms and conditions of office of a member shall not, without the member’s consent, be altered to his or her detriment during his or her tenure of office.

Disqualifications for appointment as member

3.(1) The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who

            (a)        is not a citizen of Zimbabwe;  or

            (b)        has, in terms of a law in force in any country¾

            (i)         been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

            (ii)        made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside; or

            (c)        has, immediately preceding the date of his or her proposed appointment, been convicted¾

            (i)         in Zimbabwe, of an offence involving dishonesty;  or

            (ii)        outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence;

              and sentenced to a term of imprisonment imposed without the option of a fine.

(2)  A person who is—

            (a)        a member of Parliament; or

            (b)        a member of two or more other statutory bodies;

shall not be appointed as a member, nor shall he or she be qualified to hold office as a member.

(3)  For the purposes of subparagraph (2)(b), a person who is appointed to a council, board or other authority or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body.

 Chairperson and vice-chairperson of Commission

4. (1) The chairperson and vice-chairperson of the Commission may at any time, by written notice to the Minister resign their offices as such.

 (2)  Within three weeks after being notified of a vacancy in the office of chairperson or vice-chairperson of the Commission, the Minister shall appoint another member to fill the vacancy;

 (3)  The vice-chairperson of the Commission shall perform the functions of the chairperson whenever the chairperson is unable to perform them or the office of the chairperson is vacant.

Vacation of office by member

5. A member shall vacate his or her office and his or her office shall become vacant¾

       (a) three months after the date upon which he or she gives notice in writing to the Minister of his or her intention to resign, or on the expiry of such other period of notice as he or she and the Minister may agree; or

       (b) on the date he or she begins to serve a sentence of imprisonment imposed without the option of a fine¾

            (i)         in Zimbabwe, in respect of an offence involving dishonesty; or

            (ii)        outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; or

       (c) if he or she becomes disqualified in terms of paragraph 2 (1) (a), (b) or (c) or in terms of subparagraph (2) of that paragraph, to hold office as a member; or

       (d) if he or she is required in terms of paragraph 3 to vacate his or her office.

Dismissal or suspension of members

6. (1) The Minister may require a member to vacate his or her office if the member¾

       (a) has, subject to subparagraph (3), been found to have conducted himself or herself in a manner that renders him or her unsuitable as a member; or

       (b) has failed to comply with any term or condition of his or her office fixed by the Minister; or

       (c) is mentally or physically incapable of efficiently carrying out his or her functions as a member; or

       (d) has been absent without the permission of the Commission from two consecutive meetings of the Commission of which he or she was given at least seven days’ notice, and there was no just cause for the member’s absence.

(2)  The Minister, may suspend a member¾

       (a) whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (1)(a); or

       (b) against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed;

and while that member is so suspended he or she shall not carry out any functions as a member.

(3)  A member suspended in terms of subparagraph (2)(a) shall be given notice in writing of the grounds for the suspension and may, within fourteen days of being so notified, make written representations to the Minister showing cause why no finding of misconduct rendering him or her unsuitable to be member of the Commission should be made.

(4)  The Minister, after consultation with the President, shall require a member suspended in terms of subparagraph (2) (a) to vacate his or her office if¾

       (a) no representations are made by the member in terms of subparagraph (3); or

       (b) the Minister finds that, notwithstanding representations made in terms of subparagraph (3), the member is guilty of the misconduct alleged.

Filling of vacancies on Commission

7.  On the death of, or vacation of office by, a member, the Minister may appoint a qualified person to fill the vacancy:

       Provided that if as a result of the vacancy the number of members falls below the number specified in this Act, the Minister shall fill the vacancy within three weeks.

Meetings and procedure of Commission

8.(1) The Commission shall hold its first meeting on such date and at such place as the Minister may fix, being not more than three months after the fixed date, and thereafter the Commission shall meet for the dispatch of business as often as is necessary or expedient and, subject to this paragraph, may adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:

Provided that the Commission shall meet not less than six times in each financial year of the Commission.

(2)  The chairperson of the Commission ¾

       (a) may at any time convene a special meeting of the Commission; and

       (b) shall convene a special meeting of the Commission on the written request of not fewer than two members, not later than fourteen days after his or her receipt of such request.

(3)  Written notice of any special meeting shall be sent to each member not later than seven days before the meeting and shall specify the business for which the meeting has been convened:

       Provided that if, in the opinion of the chairperson, the urgency of the business for which the meeting is to be convened so requires, notice of not less than forty-eight hours may be given.

(4)  No business shall be discussed at a special meeting other than:¾

       (a) such business as may be determined by the chairperson of the Commission, where he or she has convened the meeting in terms of subparagraph 2(a); or

       (b) the business specified in the request for the meeting, where he or she has convened the meeting in terms of subparagraph 2(b).

(5)  The chairperson or, in his or her absence, the vice-chairperson shall preside at all meetings of the Commission:

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

(6)  Five members shall form a quorum at any meeting of the Commission.

(7)  All acts, matters or things authorised or required to be done by the Commission may be decided by a majority vote at a meeting of the Commission at which a quorum is present.

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

(9)  Any proposal circulated among all members and agreed to in writing by a majority of all members shall have the same effect as a resolution passed at a duly constituted meeting of the Commission and shall be incorporated in the minutes of the next succeeding meeting of the Commission:

Provided that, if a member requires that such proposal be placed before a meeting of the Commission, this subparagraph shall not apply to such proposal.

Committees of Commission

9.(1) For the better exercise of its functions, the Commission may establish one or more committees and vest in the committees such of its functions as it thinks fit:

       Provided that the vesting of any functions in a committee shall not divest the Commission of those functions in relation to any matter that has not been decided by the committee.

(2)  Where it has established a committee, the Commission ¾

       (a) shall appoint at least one member of the Commission to be a member of the committee and shall designate that member, or one of those members, as the case may be, to be chairperson of the committee; and

       (b) subject to subparagraph (3), may appoint persons who are not members of the Commission to be members of the committee.

(3)  The Commission shall not appoint a person to be a member of a committee if he or she is disqualified in terms of section 2 from appointment as a member of the Commission.

(4)  The office of a member of a committee of the Commission shall terminate¾

       (a) in the case of a member who is a member of the Commission, upon his or her ceasing to be a member of the Commission;

       (b) in the case of a member who is not a member of the Commission, if he or she would be required in terms of paragraph 1 to vacate office had that paragraph and section 3(1) (a), (b) and (c) applied to him or her.

(5)  Subject to this paragraph, members of committees of the Commission shall hold office on such conditions as the Commission may fix for members of committees generally.

(6)  The chairperson of the Commission convenes a meeting of a committee of the Commission at any time and place.

(7) The procedure to be followed at any meeting of a committee of the Commission shall be fixed by the Commission.

 Remuneration and expenses of members of Commission and members of committees

10. (1) Members and members of committees of the Commission shall be paid from the funds of the Commission ¾

       (a) such remuneration, if any, as the Commission, with the approval of the Minister, may from time to time fix for such members generally; and

       (b) such allowances as the Commission, with the approval of the Minister, may from time to time fix to meet any reasonable expenses incurred by such members in connection with the business of the Commission or of the committee concerned, as the case may be.

(2)  The remuneration of a member or member of a committee of the Commission shall not, without the member’s consent, be altered to his or her detriment during his or her tenure of office.

Validity of decisions and acts of Commission

11.  No decision or act of the Commission or act done under the authority of the Commission shall be invalid on the ground that¾

       (a) the Commission consisted of fewer than the number of persons prescribed in paragraph 8(6); or

       (b) a disqualified person acted as a member of the Commission at the time the decision was taken or act was done or authorised:

                        Provided that the Commission shall ratify any such decision or action within a month after it becomes aware that the decision or action was taken in the circumstances described in paragraph (a) or (b).

Minutes of proceedings of Commission and committees

12.(1) The Commission shall cause minutes of all proceedings of and decisions taken at every meeting of the Commission or of a committee of the Commission to be entered in books kept for the purpose.

(2)  Any minutes which purport to be signed by the chairperson of the meeting to which the minutes relate or by the chairman of the next following meeting of the Commission or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned.

 Members to disclose certain connections and interests

13.(1)  In this section¾

“relative” in relation a member means the Member’s spouse, child, parent, brother or sister;

(2) Subject to subsection (4)¾

       (a) if a member¾

       (i)  knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Commission; or

       (ii) owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the members private interest coming or appearing to come into conflict with his functions as member; or

       (iii)            knows or has reason to believe that a relative of his¾

            A         has acquired or holds direct or indirect interest in any matter that is under consideration by the Commission; or

            B          owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the members private interest coming or appearing to come into conflict with his functions as member;

       or

       (b) if for any reason the private interest of a member comes into conflict with his functions as a member;

the Member shall forthwith disclose the facts to the Commission.

(3). A member referred to in subparagraph (2) shall take no part in the consideration or discussion of, or vote on, any question before the Commission which relates to any contract, right, immovable property or interest referred to in that subparagraph.

(4) A member who contravenes subparagraph (2) or (3) shall be guilty of and offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

 

SECOND SCHEDULE (Section 5(5))

ANCILLARY POWERS OF COMMISSION

1.      To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and any interest therein and any rights concessions, grants, powers and privileges in respect thereof.

2.      To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions.

3.      To maintain, alter or improve property acquired by it.

4.      To mortgage any assets, or part of any assets and, with the approval of the Minister, to sell, exchange, lease, dispose of turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as it may determine.

5.      To open bank accounts in the name of the Commission and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions, promissory notes, bills of exchange, securities and other negotiable or transferable instruments.

6.      To insure against losses, damages, risks and liabilities which it may incur.

7.      In consultation with the Minister, to establish and administer such funds and reserves not specifically provided for in this Act as the Commission considers appropriate or necessary for the proper exercise of its functions.

8.      To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to staff of the Commission as it considers fit.

9.      To provide pecuniary benefits for staff of the Commission on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, provident funds or make such other provision as may be necessary to secure for its staff and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.

10.  To purchase, take on lease or in exchange or otherwise acquire land for residential purposes or dwellings-houses for use or occupation by staff of the Commission.

11.  To construct dwellings, out buildings or improvements for use or occupation by members of the Commission.

12.  To provide or guarantee loans made to members of the Commission for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling houses or land which are the property of its members of the Commission, subject to any conditions that may be imposed by the Commission from time to time.

13.  To provide security in respect of loans by the deposit of securities, in which the Commission may invest such money as it may consider necessary for the purpose.

14.  Subject to any conditions that may be imposed by the Commission from time to time, to provide loans to—

(a)    members of the Commission for the purpose of purchasing vehicles or other equipment to be used by the members of staff in carrying out their duties; or

(b)   members of the staff for the procuring of vehicles which may be resold to such members after five years:

Provided that—

(ii)   the Commission may fix further terms and conditions for this vehicle scheme; or

(iii) such loan shall not exceed twelve months’ salary or wages payable to the members concerned, for any purpose on such security as the Commission thinks adequate.

15.  To register, in the Commission ’s name, any property, whether movable or immovable, purchased for any member of Commission or member of staff through loan or loan guarantee until the loan or loan guarantee has been discharged.

16.  To do anything for the purpose of improving the skill, knowledge or usefulness of members of the Commission, members of staff, and in that connection to provide or assist other persons in providing facilities for training, education and research, including the awarding of scholarships for such training:

Provided that the duration of such training shall not exceed two years.

17.  To engage in any activity, either alone or in conjunction with civil society organisations and other organisations or international agencies, to promote better understanding of peace building strategies and conflict prevention, management, resolution and transformation.

18.  To do anything which by this Act or any other enactment is required or permitted to be done by the Commission.

19.  Generally, to do all such things that are conducive to the performance of the functions of the Commission in terms of this Act or any other enactment.”.

 

Amendment put and agreed to.

Schedules put and agreed to.

 

Bill to be reported with amendments.

 

(House resumed)

 

Bill reported with amendments. Referred to the Parliamentary Legal Committee.

 

 

On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House adjourned at twenty-three minutes to seven o`clock pm, until Tuesday, 11th June, 2019 at a quarter past two o’clock in the afternoon.  

 

 

 

 

 

HON. ADVOCATE J.F. MUDENDA,

 Speaker.

 

TUESDAY, 11TH JUNE, 2019

 

            ORDERS OF THE DAY AND NOTICES OF MOTIONS

           

1.   Second Reading of the Education Amendment Bill (H.B. 1, 2019) - (Adjourned 28th May, 2019The Minister of Primary and Secondary Education.                                                             

                                                                                                           

  2. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 23rd

             May, 2019 – Hon. Musabayana)

                                                              

                                                                            [Time elapsed: 14 hours 17 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.

 

3. Adjourned debate on motion on the Report of the Zimbabwe Human Rights

Commission on the 2018 Harmonised Elections (Adjourned 28th May, 2019 – The Minister of Finance and Economic Development)

                                                                                                                                           [Days elapsed: 4]

Question proposed: That this House takes note of the Report of the Zimbabwe Human Rights Commission on 2018 Harmonised Elections presented to the House in terms of Section 323 (2) of the Constitution of Zimbabwe – The Minister of Justice, Legal and Parliamentary Affairs.

 

4.      Adjourned debate on motion on the Report of the Judicial Service Commission for

the year 2018 (Adjourned 23rd May, 2019 – The Minister of Justice Legal and

Parliamentary Affairs)

                                                                                                                                           [Days elapsed: 4]

Question proposed: That this House takes note of the Report of the Judicial Service Commission for the year 2018 presented to the National Assembly in terms of Section 323 (1) of the Constitution of Zimbabwe – The Minister of Justice, Legal and Parliamentary Affairs.

 

5.     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.

 

 

6.      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.

 

7.        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.

 

8.      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.

 

9.         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.

 

10.  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.

 

11.  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.

 

 

12.  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.

 

13.     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.

 

14.     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.

 

15.     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.

 

 

16.  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.

 

17.  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.

               NO(W 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.

(d)   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.

18.   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”.

 

19.     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.

 

 

20.  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.

 

21.  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.

                 

 

22.  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.

 

 

23.  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.

 

 

24.     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.

 

 

25.     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:

 

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.

 

26. 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.

 

27.         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.

28.      Hon. Toffa

              hon. tongofa

 

That this House Takes note of the First Report of the Portfolio Committee on Health and Child Care on the Network of African Parliamentary Committees on Health Conference held in Kampala, Uganda, from 30-31 October 2018.

 

29.       Hon KWARAMBA

               Hon.dr. labode

 

That this House Takes note of the Reports on the 7th International Parliamentary Conference on the Implementation of the International Conference on Population and Development, held in Ottawa, Canada on 22 to 23 October 2018, and the International Conference on Family Planning held on 12-15 November 2018 in Kigali, Rwanda.

 

30.       Hon. Munetsi

               Hon. Ngwenya

 

            That this House;

COGNISANT of the multiple roles of Councillors in terms of Section 71 of the Rural District Councils Act [Chapter 29:13] which include, inter-alia, supervision of ward development programmes, attending Rural District Committee meetings and addressing issues raised by local people;

 

CONCERNED with the low remuneration of Councillors in Rural District Councils which is currently a paltry sitting allowance of less than $150.00 per month;

 

NOW, THEREFORE, calls upon the Ministry of Local Government, Public Works and National Housing to urgently review the remuneration of Councillors to include monthly salaries, non-monetary benefits such as residential stands in towns located in their respective provinces and vehicles during their tenure of office.

 

  31.      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.

32.       Adjourned debate on motion on the Report of the Zimbabwe delegation to the African Evaluation Association (AfrEA) Conference on Monitoring and Evaluation held in Abidjan, Cote D’Ivoire (Adjourned 23rd May, 2019 – The Minister of Women’s Affairs, Community, Small and Medium Enterprises Development).

 

[Days elapsed: 4]

 

Question proposed: That this takes note of the Report of the Zimbabwe delegation to the African Evaluation Association (AfrEA) Conference on Monitoring and Evaluation held in Abidjan, Cote D’Ivoire from 11th March to 15th March, 2019 – Hon. Mavetera

 

33.         Adjourned debate on motion on the Report of the Speaker of the National Assembly, Hon. Advocate J. F. Mudenda’s Bilateral Visit to the Shura Advisory Council (Adjourned 21st May, 2019 – Hon. Mutseyami).

 

[Days elapsed: 6]

 

Question proposed: 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.-Hon. Mutomba

 

 

34.       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)

 

[Days elapsed: 8]

 

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.

 

35.       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)

 

[Days elapsed: 17]

 

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.

 

36.  Committee of Supply.

 

 

WEDNESDAY, 12TH JUNE, 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. B. Dube: To ask the Minister of Health and Child Care to explain measures

          being taken by the Ministry to halt the further deterioration of public health

          institutions.                        

 [Deferred from 29th May 2019]

 

 

 

*7.        Hon. B. DUBE: To ask the Minister of Health and Child Care to state whether Gweru Provincial Hospital would be considered for a medical teaching hospital.

 

                                                                 [Deferred from 29th May 2019]

 

 

 

*8.       Hon. masango: To ask the Minister of Health and Child Care whether in view of the high malaria cases of about 1 374 recorded between mid-March and beginning of April 2019 in clinics in Mhangura and Makonde constituencies and seven related deaths, the Ministry could consider introduction of mobile clinics in the area and increase the provision of malaria testing kits.

[Deferred from 29th May 2019]

 

 

*9.          Hon. masango: To ask the Minister of Health and Child Care to state when the Ministry would improve the working conditions and remuneration of Village Health Workers currently getting a paltry $15.00 monthly allowance.

[Deferred from 29th May 2019]

 

 

*10.     Hon. masango: To ask the Minister of Health and Child Care to explain the

     procedure for accessing post exposure prophylaxis by rape victims and whether it is

      necessary for them to file a police report first.

 

[Deferred from 29th May 2019]

 

*11.     Hon Maboyi: To ask the Health and Child Care when Mazunga Clinic in Beitbridge West would be opened?

[Deferred from 29th May 2019]

 

*12.       Hon. Muchimwe: To ask the Minister of Health and Child Care to state whether there are plans to establish a pharmacy, construct staff accommodation, allocate an ambulance and deploy a medical doctor at Marange district hospital to ensure access to health services to the surrounding communities.

[Deferred from 29th May 2019]

 

 

 

*13.     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]

 

*14.     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]

 

*15.     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]

*16.     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]

 

*17.     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]

 

*18.     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]

*19.     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.

[Deferred from 29th May 2019]

 

 

 

*20.   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]

 

*21.     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]

*22.     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]

 

*23.     Hon Maboyi: To ask the Minister of Transport and Infrastructural Development to state when the Beit Bridge- Masera- Manama Hospital road which is currently in a bad state would be tarred and bridges along that road would be rehabilitated.

 

[Deferred from 29th May 2019]

 

 

*24.     Hon. Moyo Priscilla: To ask the Minister of Transport and Infrastructural Development to state when the proposed tollgate at Mbudzi in Harare will be fully functional after it was vandalized by protesters in January 2019.

[Deferred from 29th May 2019]

 

*25.     Hon. Madhuku: To ask the Minister of Transport and Infrastructural Development when the tarring of the Mutare Road-Silveira Mission Hospital road in Bikita area would be completed.

[Deferred from 29th May 2019]

 

 

 

*26.     Hon. Muchimwe: To ask the Minister of Transport and Infrastructural Development to explain when the Odzi –Marange- Zvipiripiri road in Manicaland Province would be resurfaced considering that $3,5 million was allocated for the project in the 2019 National Budget.

[Deferred from 29th May 2019]

 

 

*27.     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]

*28.     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]

 

*29.     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]

 

*30.     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]

 

*31.     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]

*32.     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]

*33.     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]

*34.     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]

*35.     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]

*36.     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]

*37.     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]

 

*38.     Hon. B. Dube: To ask the Minister of Finance and Economic Development to explain the government position regarding compensation of bank account holders whose savings were eroded during the Zimbabwean Dollar period.

 

*39.     Hon. B. Dube: To ask the Minister of Finance and Economic Development to explain measures being taken by the government to assist Gweru City Council to raise the US$ 6 million for purchasing pumps for transmitting water from Mabongobwe Dam to the City.

 

 

 

*40.     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]

 

*41.     Hon. masango: To ask the Minister of Youth, Sport, Arts and Recreation to state when a Vocational Training Centre would be established in Mhangura Constituency.

 

 

 

*42.     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]

*43.     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]

*44.   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]

 

*45.     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]

*46.     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]

*47.     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]

*48.     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]

 

*49.     Hon S. Sithole: To ask the Minister of Home Affairs and Cultural Heritage to explain why police officers deployed in community police bases in Insiza South Constituency are not provided with accommodation.

 

*50.     Hon. masango: To ask the Minister of Home Affairs and Cultural Heritage when the Ministry would establish police posts in the following areas in Mhangura Constituency:

 

            (a)   Chigaba in Ward 1;

            (b)  Riverrange in Ward 3;

             (c) Slaughter in Ward 5;

             (d)  Nyamugomba in Ward 6; and

             (e)  Chisaki in Ward 13.

 

*51.     Hon Maboyi: To ask the Minister of Home Affairs and Cultural Heritage to explain the Ministry’s plans to construct proper structures for Makhado Police Station in Beit Bridge West Constituency as the current structures with pre-fabricated materials have not toilets and cannot be electrified

 

*52.     Hon. Mataranyika: To ask the Minister of Home Affairs and Cultural Heritage to state measures being taken to curb the problem of stock theft which is on the increase in Manicaland Province, especially in Makoni South Constituency.

 

*53.     Hon. Madhuku: To ask the Minister of Home Affairs and Cultural Heritage to state whether the Zimbabwe Republic Police could consider increasing the number of Police posts in Bikita East constituency to reduce crime rate in the constituency.

 

*54.     Hon. Madhuku: To ask the Minister of Home Affairs and Cultural Heritage when the Zimbabwe Republic Police stations in Bikita District would be availed with vehicles.

 

*55.   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]

 

 

*56.     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]

*57.     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]

 

*58.     Hon. S. Sithole: To ask the Minister of Primary and Secondary Education to state when the accommodation for teachers at both primary and secondary schools in Insiza South Constituency would be upgraded with modern facilities such as flush toilets considering that there are still blair toilets.

 

*59.     Hon. Houghton: To ask the Minister of Primary and Secondary Education to explain measures being taken by the Ministry to ensure teachers who are conversant with the local language are deployed to schools such as in Tonga speaking areas, particularly in primary schools.

 

*60.     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]

*61.     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 Zim Alloys to facilitate the operations at Inyala.

[Deferred from 20th March 2019]

 

 

*62.     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]

 

*63.     Hon. SITHOLE S.: To ask the Minister of Information Communication, Postal and Courier Services to explain measures being taken to improve mobile network connectivity in Insiza South Constituency.

 

 

*64.     Hon. Chombo: To ask the Minister of Environment, Tourism and Hospitality Industry to state:

 

(a) the possible permits that can be issued for fishing in Biri dam in Makonde district;

            (b)  the number of fishing permits issued to the people from the surrounding community; and

            (c)  the criteria used in awarding fishing permits.

 

*65.     Hon. masango: To ask the Minister of Environment, Tourism and Hospitality Industry when the Ministry would introduce a Communal Areas Management Programme for Indigenous Resources (CAMPFIRE) in Mhangura constituency, in particular the Kismet area.

 

*66.       Hon. S. Sithole: To ask the Minister of Energy and Power Development to state whether the Ministry could consider reducing charges for electrification of schools in Insiza South Constituency as they are currently prohibitive for most rural parents.

 

*67.     Hon. Watson: To ask the Minister of Energy and Power Development to the amount spent in United States Dollars on electricity imports in the year 2018 and any outstanding payments as at 31 December 2018.

 

 

*68.     Hon. Watson: To ask the Minister of Energy and Power Development to explain why the Ministry is prioritising the Batoka Gorge Hydro Power Project ahead of the coalbed methane gas fields in Matebeleland North Province, which is a cheaper source of power and more environmental friendly.

 

*69.     Hon. Watson: To ask the Minister of Energy and Power Development to explain how the US$ 122,575,600.00 allocated for the energy sector in 2018 was utilized for and what the US$ 12,000,000.00 allocated in 2019 will be utilized for.

 

*70.     Hon. Watson: To ask the Minister of Energy and Power Development to explain whether the investment of US$1, 2 billion in the expansion of Hwange Power Station Units 7 and 8 is a worthwhile project considering that the Power Station has been blighted by operational issues during the past five years.

 

*71.     Hon. S. Sithole: To ask the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to state whether the Ministry could consider banning the movement of cattle and other livestock during the night since it is contributing to high stock theft in the country.

 

*72.     Hon. masango: To ask the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to apprise the House on measures being taken to curb the alleged corruption involved in the selling of maize at Grain Marketing Board depot in Mhangura Constituency.

 

*73.     Hon. masango: To ask the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement to state when the Ministry would drill boreholes in Mhangura Constituency considering the acute shortage of safe drinking water in the area.

 

*74.     Hon Maboyi: To ask the Minister of Agriculture, Lands and Rural resettlement state whether there are any plans to put up irrigation infrastructure at Zhovhe Dam in Beitbridge West Constituency to enable surrounding communities to benefit from the water reservoir.

*75.     Hon. B. Dube: To ask the Minister of Public Service, Labour and Social Welfare to state when monthly pension pay outs would be reviewed upwards to match the current costs of living.

 

*76.     Hon. B. DUBE: To ask the Minister of Local Government, Public Works and National Housing to state any efforts being made by the Ministry to assist Gweru City Council to secure the US$6 million required for the purchase of pumps for the water pumping system at Mabungubwe dam.

 

*77.     Hon. Sithole G.K: To ask the Minister of Local Government, Public Works and National Housing to state the position regarding the implementation of a housing policy for Chitungwiza Town.

 

*78.     Hon. Sithole G.K: To ask the Minister of Local Government, Public Works and National Housing to state the names of the people who were allocated residential, industrial and commercial stands in Chitungwiza over the past twelve months.

 

*79.     Hon. Sithole G.K: To ask the Minister of Local Government, Public Works and National Housing to give an update on the number of people on the housing waiting list of Chitungwiza Municipality.

 

*80.     Hon. masango: To ask the Minister of Local Government, Public Works and National Housing whether Mhangura constituency would benefit from the recently procured Zimbabwe United Passengers Company (ZUPCO) and if yes to state when are they expected to start plying the routes.

 

*81.     Hon. masango: To ask the Minister of Local Government, Public Works and

National Housing to state when residential stands will be issued to curb the prevalent challenge of overcrowding in Mhangura.

 

*82.     Hon Maboyi: To ask the Minister of Local Government, Public Works and National Housing when the Beitbridge government complex would be completed since the structures are already deteriorating.

 

*83.     Hon. Dube B.: To ask the Minister of Information, Publicity and Broadcasting Services to explain government policy regarding the licensing of community radio stations in Zimbabwe and why it has taken too long for the Ministry to license a community radio station in every district of the country.

 

*84.     Hon. masango: To ask the Minister of Mines and Mining Development whether the Ministry has plans to process residual copper ore at the closed Mhangura Copper Mine.

 

*85.     Hon Maboyi : To ask the Minister of Mines and Mining Development to explain when the Auridium Mine in Beit Bridge West Constituency  currently lying idle would be reopened.

 

 

*86.     Hon. masango: To ask the Minister of Women Affairs, Community, Small and Medium Enterprises Development to explain the role of Community Based Development Coordinators and to state whether there are mechanisms in place to monitor their activities.

 

   

   

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).

3.      Consumer Protection Bill, (H.B. 10A, 2018) –The Minister of Industry and Commerce (Referred 30th May, 2019).

 

4.      Committee: Microfinance Bill, (H.B. 11A, 2018) -The Minister of Finance and Economic Development (Referred 30th May, 2019).

 

 

 

 

 

BLOG COMMENTS POWERED BY DISQUS
National Assembly Votes NATIONAL ASSEMBLY VOTES 30 MAY 2019 NO 58