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SENATE HANSARD 01 MARCH 2016 VOL 25 NO 29

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PARLIAMENT OF ZIMBABWE

Tuesday, 1st March, 2016

The Senate met at Half-past Two o’ clock p.m.

PRAYERS

(THE HON. PRESIDENT OF THE SENATE in the Chair)

ANNOUNCEMENT BY THE PRESIDENT OF THE SENATE

INVITATION TO A CATHOLIC SERVICE

          THE HON. PRESIDENT OF THE SENATE: I wish to inform the Senate that there will be a Catholic Church Service, tomorrow 2nd March 2016 at 1200 hours in the Senate Chamber, all Members are invited. Non- Catholic Members are also welcome.

SECOND READING

GENERAL LAWS AMENDMENT BILL [H.B. 2A, 2015]

          First order read: Adjourned debate on Second Reading of the General Laws Amendment Bill [H.B. 2A, 2015].

Question again proposed.

          HON. SENATOR MARAVA: Thank you Madam President. I would like to thank the Minister for bringing this Bill to this House. I noticed one thing that is not well with this Bill and in terms of age of consent which is 16 years today and the legal age of marriage which is 18 years. Madam President, the girl child cannot do two things at once. What I notice is that we should have one age for both marriage and age of consent. Can we re-align our law to fall in that bracket? I thank you.

          HON. SENATOR NYAMBUYA: Thank you Madam President. I would like to present a report by the Thematic Committee on Human Rights on the submissions from the Zimbabwe Electoral Commission in relation to the General Laws Amendment….

          THE HON. PRESIDENT OF THE SENATE: Order, Hon. Senator. Are you debating the Bill?

          HON. SENATOR NYAMBUYA: Yes Madam President.

          THE HON. PRESIDENT OF THE SENATE: Oh! You are welcome to do so.

          HON. SENATOR NYAMBUYA: The Thematic Committee on Human Rights has gone through       submissions from the Zimbabwe Electoral Commission (ZEC) on the proposed amendments to the Electoral Act, through the General Laws Amendment Bill herein referred to as the ‘Bill’.

  1. Pursuant to Section 157 (4) of the Constitution which states that; No amendments may be made to the Electoral Law, or any subsidiary legislation made under that law, unless the Zimbabwe Electoral Commission has been consulted and any recommendations made by the Commission have been duly considered. There was full compliance with the requirements of the Constitution.
  2. The Committee noted that the Ministry of Justice, Legal and Parliamentary Affairs, through the Attorney General’s Office, engaged in consultations with ZEC before the electoral amendments in the General Laws Amendment Bill were affected.
  3. The following proposals from ZEC were effected in the Bill:
  • Section 239 of the Constitution makes ZEC responsible for

registering voters, compiling voters rolls and registers, and ensuring their proper custody and maintenance – all functions which the Electoral Act vests in the Registrar-General of Voters and his officials. The Section also empowers ZEC to give instructions to persons employed by the State and local authorities to ensure the efficient, free fair, proper and transparent conduct of elections and referendums. The Bill seeks to achieve compliance with the Constitution on this score by replacing Sections 18 and 19 of the Electoral Act, which currently establish the offices of Registrar-General of Voters, constituency registrars and other officers working under the Registrar-General’s direction. The new Sections 18 and 19 now confer the functions of the Registrar-General and his officials on ZEC and its officers.

  • The Bill will require Voters’ Rolls and voters’ registration

certificates to record voters’ sex as well as their names, age and other particulars. Although the point is not mentioned in the memorandum to the Bill, the sex of voters is a useful statistic to analyse results of elections and any gender bias in voter registration.

  • The Bill will amend Section 110 of the Electoral Act which

states that a presidential candidate assumes office forty-eight hours after being declared elected. The amended section will state that, in accordance with the Constitution, a person elected as President assumes office when he or she swears the oath of office.

  1. The Committee, however, notes that as stated by ZEC, the

amendments still fall short of fully aligning the Electoral Laws to the

Constitution, an issue that the Committee hopes will be addressed in

further and more substantial amendments to the Electoral Act. I thank you.

HON. SENATOR KHUMALO: Thank you Madam President. I would like us to look at page ix, where it describes the issue that the death penalty can be given under aggravating circumstances. I am saying that aggravating circumstances depend on the then judge or magistrate. We need to have the spelling out of the aggravating circumstance so that a magistrate does not give a ruling according to his observation. That is my issue on the death penalty.

          HON. SENATOR CARTER: Thank you Madam President for giving me this opportunity to speak on the General Laws Amendment Bill. I speak on the amendments necessary to align the Electoral Act to the Constitution. In the General Laws Amendment Bill (GLA), responsibility for voters’ education and the voters’ roll will be transferred to the Zimbabwe Electoral Commission (ZEC), which is progressive but there are other alignment issues which the GLA has failed to address. The GLA Bill does nothing to change the Act which effectively denies the vote to certain citizens because it is silent on the mechanisms of how they can go about voting. The citizens I am referring to are Zimbabweans in the diaspora, prisoners and hospital patients.

          For all three categories, there is no possibility of postal vote. So they are denied that right to vote. Other countries as far as the diaspora go, make provision for their citizens to vote at embassies and consulates abroad but we do not.

          Moving on to another aspect, the electoral court is staffed by High Court Judges, whereas Section 183 of the Constitution states that judges cannot be appointed to sit in more than one court.

Further, the independency of ZEC is compromised by Section 12 of the Electoral Act which requires ZEC to seek approval before accepting a donation. That approval must be sought from the Minister of Justice, Legal and Parliamentary Affairs. It is compromised in its independence in this regard and the independency of ZEC is guaranteed in the Constitution. It is very important that these things are addressed. We speak of the Constitution as being the Bible and we need to amend our laws so that they fall in line with it and where it is not being done, it is in breach of the Constitution. With regards to governance, democracy and investor perceptions, these are very important things. I thank you.

          *HON. SENATOR CHIEF CHISUNGA: Thank you Madam President. I rise to give submissions and concerns as chiefs. Under the amendments to the Traditional Leaders Act No. 25, 1998, there is a section which says in the event that the Parliament is dissolved by the President, the Chief’s Council will also be dissolved. What we represent in the Chief’s Council is different from what we represent in Parliament. So it will be unfair for the chiefs to have the chief’s council dissolved. It might not be known that if ever at any given time the President dissolves Parliament, it can take four years before it is reconstituted. Several countries have gone through such periods. Our chiefs can also go through that same period without representatives. A case in point is whereby this year; we have spent three months without our allowances. It is through Senator Chief Charumbira’s effort who tried to push responsible Government ministers so that the chiefs get their allowances. We were appealing that, when the Parliament is dissolved, it is only us in here who are dissolved together with Parliament but as Members of the Chief’s Council, there is need for us to remain as members of the chief’s council so that we continue to represent chiefs. I thank you.

          THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU): Madam President, I move that the debate do now adjourn.

          Motion put and agreed to.

          Debate to resume: Wednesday, 2nd March, 2016.

SECOND READING

CRIMINAL PROCEDURE AND EVIDENCE AMENDMENT BILL, 2015 [H.B. 2B, 2015]

Second order read: Adjourned debate on Second Reading of the

Criminal Procedure and Evidence Amendment Bill (H.B. 2B, 2015)

          Question again proposed.

          THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU): Madam President, I move that the debate do now adjourn.

          Motion put and agreed to.

          Debate to resume: Wednesday, 2nd March, 2016.

MOTION

REHABILITATION OF WAR SHRINES AND RECOGNITION OF DEPARTED WAR LIBERATORS

         HON. SEN. MOHADI: Madam President, I move the motion standing in my name That this House—

NOTING with pride the immense sacrifice, courage and

commitment made by the freedom fighters in their quest to liberate Zimbabwe;

ACKNOWLEDGING that the liberation of our country came at a

heavy cost and needs to be selflessly and jealously guarded;

DISTURBED by the utter neglect and dilapidation and continued

deterioration of War Shrines in neighbouring countries despite the fact that Government identified and made efforts to rehabilitate war shrines in Nyadzonia, Tembwe, Doroie; Chibawawa and Nyango in Mozambique as well as Freedom Camp, Nyampundiwe, Mulungushi, Mkushi and Kavalamaya in Zambia;

          CONCERNED that rehabilitation works have not been undertaken

at Kabanga, Sinde, Solwezi in Zambia and other sites in Tanzania and Botswana;

          FUTHER CONCERNED that to this day the bullet riddled home of His Excellency, the President and the home of the late Joshua Nkomo our founding Fathers have not been declared National Heritage Sites:

          NOW, THEREFORE, this House calls upon Government to address the rehabilitation of our war shrines and to give due recognition to our departed brave sons and daughters of the liberation struggle.

          HON. SEN. MASUKU: I second.

HON. SEN. MOHADI: Thank you Madam President. Let me

begin by noting with pride the sacrifice, courage and commitment with which our freedom fighters conducted the liberation struggle for the independence of Zimbabwe.

Madam President, it was not an easy war as the enemy was brutal and cunning leading to human losses and displacements. However, the price was high for the liberation of our country. We eventually liberated our country and attained the independence that we enjoy today.

My heart bleeds for the brave sons and daughters of this country who gave lives and limbs for the freedom that we are enjoying today. When I look at the obvious state of neglect in which the burial sites of these gallant fighters both locally and in the neighbouring countries, I get depressed. If what I witnessed at Freedom Camp in Zambia is what is obtaining at Chibawawa in Mozambique, Selibe Phekwe in Botswana, Mgagao in Tanzania then we neither have love nor memory that we profess for these gallant fighters.

The preamble to our Constitution states, “We the people of Zimbabwe,… Exalting and extolling the brave men and women who sacrificed their lives during the Chimurenga/Umvukela and national liberation struggles, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.”

Madam President, it is my view that the derelict and dilapidated state of our external liberation war sites does not demonstrate our commitment to the fundamental laws of the land in terms of exalting and extolling those who sacrificed their lives for our independence. Thousands of liberation war fighters and refugees were buried in various mass graves after they were cowardly massacred by Rhodesian forces during their liberation struggle. The intensity of the struggle was felt towards the end of war that is the period between 1976 and 1979. As we enjoy the peace and tranquility that we now have, let us not forget our liberation war heroes who lost their lives in neighbouring countries.

Madam President, Section 3 of our Constitution outlines the Founding values and principles, on which this great country is based. Specifically Section 3, “(i) recognition of and respect for the liberation struggle.” I cannot help but question whether the state of our external liberation war burial sites is a reflection of the level of respect and recognition we accord to the selfless spirit of our fallen heroes.

It is incumbent upon us as Zimbabweans to rise in unison in support of the rehabilitation and maintenance of our external liberation war shrines. It is only then we can ensure our appreciation for the sacrifice of our fallen heroes. Further, we are what we are today because of them.

I am acutely aware of the fact that Cecil John Rhodes, the symbol of colonialism in Zimbabwe is buried in an immaculate grave in Matopos. This contrasts to our own gallant sons and daughters who lay buried in indecent and shapeless mounds of the earth. This is disheartening and if ever we visited these shrines outside the countries, our fallen heroes are not resting in peace due to the state of the shrines.

The Ministry of Home Affairs has been mandated to identify and rehabilitate the war shrines in neighbouring countries where our comrades fell. The National Museums and Monuments of Zimbabwe embarked on the project to upgrade the country’s national liberation war monuments that are situated in neighbouring countries. Zimbabwe has more than 20 liberation war monuments in Mozambique and Zambia from where the country’s liberation war movements ZANLA and ZIPRA organised the war to free the country from colonial rule. These shrines were erected but have been neglected over the years and are in a state of dilapidation and deterioration. There is need to erect walls around the shrines since the fences are being vandalized.

Madam President, the roll of honour needs to be updated with actual names as the current one reflects pseudonyms. It is saddening to learn that the Zimbabwe External Liberation Heritage Programme spearheaded by the National Museums of Zimbabwe has been hamstrung by resource constraints. The Government must, however, be commended for indentifying and making efforts to rehabilitate liberation war shrines at Chimoio, Nyadzonia, Tembue, Doroie, Chibawawa and Nyango in Mozambique as we as Freedom Camp, Nampundwe, Mulungushi, Mkushi and Kavalamanja in Zambia. While these efforts are appreciated, the process is tragically incomplete. To date no rehabilitation works have taken place as Kabanga, Sinde and Solwezi in Zambia. The situation is even worse in Tanzania and Botswana.

Madam President, I would like to propose that a process of profiling the key players in the liberation struggle is undertaken. This should also include the identification, protection of houses and other infrastructure used for the purposes of executing the liberation struggle. By now the bullet-riddled home of His Excellency the President R. G. Mugabe in Highfield ought to be a national heritage site. The same goes for the home of the late Father Zimbabwe, Vice President J. N. M. Nkomo in Bulawayo.

          Madam President, I am alive to resource challenges currently bedeviling our country and therefore, proposes that the rehabilitation programme and memorialisation of houses and other infrastructure be conducted in a phased approach. History will judge us very harshly if we forget the immense sacrifice made by our brothers and sisters who went to carry out the armed struggle at a very tender age. Our fallen heroes selflessly sacrificed their lives so that today we can travel freely from one end of the country to the other without being harassed, searched, indiscriminately short at as thugs as was the norm during the days of our colonizers when the White police man perceived any Black person as a potential criminal. We applaud efforts by Government to remember and honour our fallen heroes. It is of concern that rehabilitation works are yet to take place at war shrines such as Kabanga, Sinde and Solozi in Zambia. We should also not forget Mugagao in Tanzania. Other sites of historic importance during the struggle for the Liberation of Zimbabwe include the house of the late Vice President J.M. Nkomo at No. 6 Pelandaba in Bulawayo; where nationalists used to converge to map out strategies on how to execute their operations of removing racism and neo-colonialism in the country, thereby bringing equality among the people of Zimbabwe.

          It goes without saying that such sites were always subjected to extreme surveillance by the racist regime of Rhodesia and many comrades who visited such places found themselves arrested or being questioned about their association with the political movements of this country. Madam President, suffice to say those comrades who fell while in combat in the country have their remains re-buried at Provincial Heroes Acres. The National Heroes Acre is our most important shrine as it also has the tomb of the un-known soldier which is the symbol of the graves of many freedom fighters who were not accounted for,   but were presumed dead at the time we attained our independence. It is the dilapidated and deteriorated war shrines that this motion intends to address before this august House Madam President. Our Provincial Heroes Acres are serious cause for concern. They need a face lift. If we cannot rehabilitate our local war shrines, one wonders how we can manage to direct and take care of war shrines outside the country. In this recognition we are called Liberation War Heroes. The answer would certainly have to be in the negative.

          As Hon. Members of the Senate, we have an obligation to recognise and respect the role of our fallen heroes as enshrined in Section 3 of the Constitution which provides for recognition of and respect for the liberation struggle. Madam President, it therefore follows that it is failure on our part to protect the Constitution. If we do not give due recognition and respect to our fallen heroes. I therefore, Madam President, implore this august House to cal upon the Government to address the rehabilitation of our war shrines and give recognition to our departed brave sons and daughters of the Liberation Struggle.

          In conclusion Madam President, if we do not recognise our heroes both living and the deceased we are not taking pride in our History. With these few words Madam President I thank you. –[HON. SENATORS: Hear, hear.]-

          THE HON. PRESIDENT OF THE SENATE: Thank you Hon. Sen. Mohadi.

          +HON. SEN MASUKU: Thank you Madam President for giving me this opportunity to contribute on this motion which was moved by Hon. Mohadi. The motion is very important because it touches on everyone who is present here. When we are talking of heroes of Zimbabwe, I do not believe that there is anyone who does not have a relative, child, parent, et cetera who died during the war.

          Madam President, when we talk of independence, we talk of it with happiness. We should not forget that we paid a lot for this independence to be there. This independence was bought with the blood of sons and daughters of Zimbabwe. The mover of the motion talked about places where some of our heroes are lying because of the colonizers. She enumerated a number of places where we should be recognised as Zimbabweans. People who stay in Mozambique, Zambia, Tanzania and Botswana look at some of these places where our heroes are lying. Today, Zimbabwe is important because of a lot of things.

We are proud of ourselves as a country which is literate as compared to other countries. When we talk of problems that are bedeviling us, what is important is we should remember where we came from. If we do not respect such places where our heroes lie, when we go to those countries, they will castigate us saying, these people are failing to look after places where their heroes are lying. Madam President, we know that there is a liquidity crunch and things are not easy. It cannot be easy to rectify these places at the same time. The Government has taken steps at Chimoio, Mkushi and other places but the way to rectify these places is not easy. If these places are not properly managed, it will look as though we are disrespecting those who are lying there. It is important that Government should pool ideas and as citizens of Zimbabwe, as we talk of the heroes of Zimbabwe we should pride ourselves with that which is tangible.

Some of the fences surrounding those places have been vandalized. It is suggested that there be walls instead of wire so as to protect the shrines. In addition, let it be noted that there be a roll of the names of the people lying in these shrines. I will talk of camps where freedom fighters were trained, such as Mkushi. The names of those who trained there are known. Even if the people who went to train were not seen, there is evidence that they perished there. Therefore, their names should be inscribed on the walls that will be surrounding the shrine so that our history on those who fought for our independence is not forgotten. We want our grandchildren to know those who lie at the shrines.

May I continue and say, we are talking of our independence but there is a section that we have forgotten. The area we have forgotten is the very first to fight for this country; the First Chimurenga heroes. There are heroes lying in various places. It is important as well that such places be given the necessary importance. The mover of the motion talked broadly on the shrines outside the country but I am also saying as a country with dignity, let us be respected whilst we are respecting our heroes in shrines in the foreign countries.

Back home, I will talk about the shrines where our heroes are lying. We have the National Heroes Acre in Harare. Our Government which is committed, is ensuring that the place be properly managed so that we have our heroes respected because of the activities they carried out. There are also shrines in provinces and districts. I am certain that people of Zimbabwe are a people who love their country to be beautiful. I say that because when you move around Zimbabwe, you cannot go and fail to find a place which was put up by parents. Therefore, Madam President, the communities and those in charge of such shrines should sit and put ideas together on these matters. We can actually fair better because the communities will be participating. I believe that if the Government allocates resources to communities, then the relatives of the heroes will help prepare those shrines, like they do when building schools and clinics. They can help so that we can have respectable shrines. We also as members of the communities should help in maintaining those shrines. That is the great respect that we can give to our heroes who are lying at various shrines.

          It is up to us Madam President - we always say to our heroes, ‘rest in peace’ and when we leave, that is the end of it. That is very embarrassing as a country. I urge provinces to commit themselves in building and properly managing these shrines together with the Government.

          Madam President, in conclusion, I want to say, a nation is known by its culture and traditions. If it is in us to forget about them just after burying them, it is okay, but what I know of Zimbabweans is that even at home where we bury our relatives, we give the necessary respect to such places. It is important to give the necessary respect to heroes because they liberated this country. I thank you.

          THE DEPUTY MINISTER OF MACRO-ECONOMIC PLANNING AND INVESTMENT PROMOTION (HON. SEN. MUTSVANGWA): I move that the debate do now adjourn.

          Motion put and agreed to.

          Debate to resume: Wednesday, 2nd March, 2016.

MOTION

CONGRATULATORY MESSAGE TO HIS EXCELLENCY THE PRESIDENT AS CHAIRMAN OF AFRICAN UNION

          HON. SEN. CHIEF MUSARURWA: I move the motion standing in my name:-

That this House –

CONGRATULATES His Excellency, Cde. Robert Mugabe and the Government of the Republic of Zimbabwe for successfully leading the African Union as its Chairperson;

WARMLY APPRECIATES his distinguished leadership qualities during his tenure in Office, an achievement that has earned the nation pride;

NOW, THEREFORE, resolves that this House conveys its gratitude and sentiments to His Excellency and the nation as a whole and wishes our President many more years of good leadership and wise counsel.

          HON. SEN. MAVHUNGA: I second.

          HON. SEN. CHIEF MUSARURWA: At the conclusion of President R. G. Mugabe’s tenure as African Union Chairman, President Zuma of South Africa described him as a “very astute” and “clear thinker”. In addition, whilst congratulating President R. G. Mugabe on the occasion of his 92nd birthday, the President of China, Xinping, said “Your splendid and penetrating insights into the development of China-Africa relations made profound impression on me”

          His Excellency, President R. G. Mugabe has been described as a walking encyclopedia and historical archives for both SADC region and the continent of Africa. He is always able to articulate the position of the previously colonised masses eloquently and with unmatched vigour.

          Mr. President, Cde R. G. Mugabe is a fountain of wisdoms, and his rich and inspirational addresses at different fora, on several occasions are stopped by sustained applause and extended ovation, provoke memories of other great speeches at the inception of Organisation of African Unity by fellow illustrious giants such as Ahmed Ben Bella, Haile Selassie I, Julius Nyerere and Kwame Nkrumah.

          You are aware that President R. G. Mugabe, an accomplished statesman in his own right, belongs to a crop of iconic and first generation of African leaders whose exceptional devotion to principles of justice and emancipation of black African people from colonial oppression, prompted them to stand up and risked their own lives, defeated colonialism and liberated the entire African. A classic servant leader, Cde. R.G. Mugabe, has rare listening abilities, empathy foresight, stewardship and commitment to the growth of others has made an indelible impact of the work of African Union and SADC.

          President Mugabe’s contribution to African Union made an indelible impact on the work of African Union and SADC.

          President R. G. Mugabe’s Contribution to the African Union and SADC.

          In 2014, His Excellency, President R. G. Mugabe was unanimously elected by fellow African leaders as the First Deputy Chair of the African Union, a responsibility that he prosecuted with unmatched passion, diligence and effectiveness.

          In 2015, he assumed the Chairmanship for a whole year as the outgoing Chairman of the African Union. President R. G. Mugabe has been once again given a new mandate to execute as the Chief Rapporteur of the African Union Bureau for 2016, effectively keeping him in the leadership of the continental bloc for yet another year. The African Union Bureau is a strategic organ that steers the bloc’s activities and comprises the Chair, three deputies and the Chief Rapporteur. This means that President R. G. Mugabe will have been on the helm of African Union Bureau for three consecutive years by the end of 2016.

          With clarity and vision, President Mugabe has been instrumental in refining the African agenda, the 2063 agenda in particular, calling for African vigilance on the agents of imperialism and neo-colonialism marauding as advocates of good governance, democracy and freedom yet they are bent over backwards in their determination to siphon natural raw materials from the continent. These are the very issues which were at the core of the continent’s liberation struggles.

          As Chair of the African Union, President Mugabe’s tenure came at a difficult time when Africa was faced with a number of challenges in the socio-economic and security spheres. Under President Mugabe’s leadership, the African Union Peace and Security Council focused on resolving crises in South Sudan, Somalia, Burundi, the Sahel region and West Africa.

          In regard to economic development, during his tenure, the African Union with renewed vigor further pursued the development of efficient infrastructure as a basic requirement for sustainable economic growth and poverty alleviation in Africa. In order to unlock the continent’s huge growth potential and to put Africa on the path to accelerated economic and social development, the Programme for Infrastructure Development in Africa (PIDA) was further pursued.

          You are aware that the President Cde. R. G. Mugabe assumed the SADC Chairmanship at the 34th SADC summit in August, 2014. This means that His Excellency, President R. G. Mugabe shouldered the two demanding chairmanship responsibilities for SADC and African Union blocs at the same time.

          During his tenure, SADC adopted the SADC industrialisation and road map which effectively laid foundation growth and development for the region. Zimbabwe hosted the Summit under the theme ‘economic transformation and leveraging resources for sustainable economic and social development through beneficiation and value addition’ in August 2014. This theme was indicative of SADC’s focus for the year in addition to its ‘developmental agenda’ centered on achieving socioeconomic development and political and human security.

          Zimbabwe’s main responsibility as the Chair of SADC’s supreme policy-making institution was to help shape SADC’s developmental agenda and the 2014-2015 work plan by overseeing formal policy reform and defining organisational practice; a responsibility His Excellency performed very well.

          On the political and security fronts, Zimbabwe’s SADC chairmanship was indeed instrumental when the bloc successfully made a breakthrough on Lesotho’s feuding political parties, culminating in the signing of a security agreement to stabilise the country’s volatile political situation.

          Concluding Remarks

          President R. G. Mugabe executed his responsibilities as Chairperson of both African Union and the SADC region very well with dignity and honour. He proved himself to be a distinguished elder, statesman, both in the SADC region and the African Union level through providing keen and effective servant-leadership at all times in both cases.

          It is against this background as we celebrate the President’s 92nd birth day, that I humbly implore this august Senate to join me in conveying profound gratitude to His Excellency, the Government and the people of Zimbabwe and also take this opportunity to wish the President many more years of good leadership.

          I thank you for your kind attention.

          *SENATOR MAVHUNGA: Thank you Mr. President of the Senate for affording me this opportunity to second this motion in praise of our leader, President R. G. Mugabe for a job well done as the leader of the African Union in 2015.   This also made us proud as Zimbabweans by his excellent execution of his work and his work was recognised continent wide and as well as worldwide. Ever since the President was elected, I would want to recall that was on the 30th of January 2015, as the Chairperson of the African Union, we have seen the President carrying out a lot of duties. He did a lot of work towards the cause of women. He encouraged the uplifting of the women. He also discouraged early marriages in the entire African continent. Zimbabwe also followed suite and we outlawed child marriages in Zimbabwe. Hon. Senators and Mr. President of the Senate might have also witnessed that people became very happy and the Constitutional Court abolished or outlawed child marriages. These are the results of the President’s work as the leader of the African Union and also the President taking an active role in leading the African countries on the Agenda 2016. As Africans, we have a lot of wealth and we were urged to do our own things and that we should be self reliant and not be dependent on other countries. This all happened during his tenure as the AU Chairperson.

We also observe, Mr. President that in the United Nations General Assembly Summit, the President worked very hard advocating for our countries in terms of permanent seats in the Security Council. You might be aware that at the moment, we are not members. The Security Council is dominated by the powerful countries of this world. That is really a war, a serious issue which needs to be addressed as our President did express openly at that international fora, that for as long as we are not contributing in the security reform in terms of the UN Security Council, we will not have achieved our purpose. That was quite a brave stance that was made by the President which shows that the President loves his country and his continent Africa. We applaud him for taking such a stance.

We also observed during his tenure as the Chairperson of the African Union that he urged that there be peace on our African Continent. He was involved in ensuring that there were peaceful elections in Lesotho after the Sutus were feuding. We also observed during his tenure, the end of xenophobia in South Africa. Xenophobia was a nasty experience, if it was not properly handled, it could have led to war on this continent based on one tribe fighting another. As an elder statesman, he was able to bring his experience and stewardship to ensure that there be peace and that as Africans we should live peacefully as brothers. We are also aware that for peace in Berkinafaso and Madagascar and the DRC to prevail, it was during the tenure of the President’s chairmanship.   The peace deal in Mali was also brokered by the President through his leadership. He is a peaceful man and wants things to move properly. As his children, we pride ourselves about having such a leader.

During his tenure as Chairperson of the AU, he encouraged the African countries, as part of the African Union, that we should be able to fund our selves in terms of operations from the current 40% to 100%. He led by example and donated 300 herd of cattle as part of Zimbabwe’s contribution to empowering the AU. Recently, the cattle were handed over as 330 herd of cattle. It is our wish that the beasts could have reached a 1000. We thank him for his vision and his stance that we should become self reliant and not be reliant on our colonisers because some of the aid that is given has conditions. These conditions tend to gag us and we will not be gagged if we are self reliant.

On the health front, at the time that our President was at the helm of the AU, there was an outbreak of ebola in the Western African countries. He ensured that there was world summit to eradicate ebola and all this happened during his stewardship of the AU. We applaud him for that.

It is his wish even in Zimbabwe to ensure that we enjoy health services in Zimbabwe. This is also borne by the fact that HIV and AIDS infection rates have gone down. It is because of what the President and his Government are doing. He also took his experience in Zimbabwe to the AU and led to the improvement in the health services in the AU.

On the relationship between China and Zimbabwe, he worked tremendously because during that time, he also saw the visit of the President of China coming to Zimbabwe which culminated in a world summit in South Africa. China is the second biggest economy of this world, so if we are enjoying such good relations with such countries, we stand to benefit. As Zimbabweans, we have immensely benefited by the visit of the Chinese President after he had been invited by the President, Cde. R. G. Mugabe to come. Parliament of Zimbabwe benefited immensely because an agreement was entered into for the construction of a new Parliament building, it was because of these relationships. We thank him for that. It makes us proud as Zimbabweans. Africa recognised the ability of Zimbabwe and conferred on the President the title Rapporteur of the African Union and we should congratulate him for this new position. As a rapportuer he will be able to get all the information about the organisation. He will be at the pulse of the organisation. As Zimbabweans, we should do well. If we do not support him adequately and ensure the good deeds are done, we will fail. With those words, I would want to thank the President and at the same time congratulate him on his 92nd birthday. We wish him many more so that he can continue guiding us and show us his wisdom. I thank you.

*HON. SENATOR BHOBHO: Thank you Mr. President for affording me this opportunity to add a few words on this motion that was moved by Senator Chief Musarurwa. It is a good motion. It reminds us and enlightens us so as to be able to applaud, cherish and pride ourselves in having such a President. I also want to thank Senator Mavhunga for supporting the motion. She has spoken on tangible words on tangible deeds that came out as a result of our President being the Chairperson of the AU.   We also thank God for looking after him so as to enable him to lead us with the wisdom that he has and all the wisdom that is spreading in Africa as well as his able leadership in terms of gender issues pertaining to women empowerment. It is important for the entirety of Africa. Women who are not Zimbabweans also praised our President for his able leadership. He led with encouragement, love and dedication. We are grateful to have been given a leader with such wisdom.

          Zimbabwean children have wisdom because our President has wisdom. He is leading because of the grace of the Lord because he believes in God all the time, he lets God lead. It is Gods’ wish that he be alive for 92 years. It is God’s grace because every leadership is put in place by God. He does not work for himself but for the whole country and the entirety of African countries and imparts wisdom. He is not stingy with his wisdom, even all of us in this august Senate that I respect so much, are led by our President.

Let us support our President always. He consults us all the time

that is why he was able to lead Africa because he is not stingy with his wisdom to fellow Africans. I want to congratulate him on the long life that he has led on this planet because he leads with love and dedication in Africa that is why he came out as Chairperson of the African Union. He was also accorded the position of rapporteur in recognition of his ability to lead and dedication to work. They realised that it was vital for the African Union not to lose him among the African leadership hence his appointment to the committee. He is dispensing his wisdom to enlighten Africa because he loves us and all our children. I thank you.

          THE DEPUTY MINISTER OF MACRO-ECONOMIC PLANNING AND INVESTMENT PROMOTION (HON. M. MUTSVANGWA):  Mr. President, I move that the debate do now adjourn.

          Motion put and agreed to.

          Debate to resume: Wednesday, 2nd March, 2016.

MOTION

REPORT OF THE ZIMBABWE DELEGATION TO THE 38TH PLENARY ASSEMBLY OF THE SADC PARLIAMENTARY FORUM

          HON. SEN. MOHADI: Mr. President, I move the motion standing in my name That this House takes note of the Zimbabwe Delegation Report on the 38th Plenary Assembly of the SADC-Parliamentary Forum, Sea Side Hotel and SPA, Swakomund, Namibia, 17 to 25 November 2015.

          *HON. SEN. CHIPANGA: I second.

          HON. SEN. MOHADI: Mr. President, the 38th Plenary Assembly of the SADC Parliamentary Forum (SADC PF) was held at the Sea Side Hotel and Spar in Swakopmund, Namibia from 17 to 25 November 2015. The Plenary Session drew participation from Presiding Officers, Members of Parliament and Officers from 12 SADC Member states including Angola, Botswana, Democratic Republic of Congo, Lesotho, Mauritius, Mozambique, Malawi, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. Hon. Advocate Jacob Francis Mudenda, Speaker of the National Assembly, led a Parliamentary Delegation comprising the following Members and Officers of Parliament to the Plenary Assembly:-

Hon. Monica Mutsvangwa, Member of Parliament and Deputy Minister of Macro Economic Planning and Investment Promotion;

Hon. Dr. Samson Mukanduri, Member of Parliament;

          Hon. Tambudzani Mohadi, Member of Parliament;

          Hon. Innocent Gonese, Member of Parliament;

          Hon. Jasmine Toffa, Member of Parliament;

          Mr. Kennedy M.Chokuda, Clerk of Parliament;

          Mr. Ndamuka Marimo, Director in the Clerk’s Office;

          Mr. Frank Nyamahowa, Director in the Speaker's Office;

          Ms. R. Chisango, Principal External Relations Officer and

          Secretary to Delegation; and

          Mr. Robert Sibanda, Security – Aide to the Speaker.

2.0    Theme of the 38th Plenary Session of the SADC Parliamentary Forum

2.1    The 38th Plenary Assembly of the SADC PF was held under the general theme “From Millennium Development Goals (MDGs) to Sustainable Development Goals (SDGs): Towards a Greater Parliamentary Role in the Development Agenda”.

3.0    MEETING OF THE EXECUTIVE COMMITTEE

3.1    The Executive Committee met on 18 November 2015 to consider various issues and resolved as follows:

3.2    The SADC PF flag

An official handover ceremony of the SADC PF Flags to Member Parliaments represented by Presiding Officers be held during the 38th Plenary Assembly Session. For those Member Parliaments whose Presiding Officers were absent, the Secretary General would find cost-effective ways of delivering the flags. However, the handover ceremony did not take place as the flags were not delivered during the Plenary.

3.3    The Transformation of the SADC PF into a Regional Parliament

In view of the rejection by the Council of Ministers of the request by the SADC Parliamentary Forum for the transformation of the Forum into a SADC Parliament, the matter was deferred for further discussion at the Speakers’ Conference to be held in Mauritius from 16 to 17 December 2015 with a view to adopting a resolution on the matter.

3.4    Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage

That the Draft Model Law on Eradicating Child Marriage and Protecting Those Already in Marriage be tabled before the 38th Plenary Assembly for noting.

3.5    Meetings of Standing Committees outside the Plenary Assembly Session

To task the Forum Secretariat to engage development partners to raise the requisite funds to cover the costs of holding Standing Committee meetings twice a year outside Plenary Assembly Sessions. In the event that these fundraising efforts were unsuccessful, then all Standing Committees would meet during the Plenary Assembly sessions and National Parliaments would cover the cost of their Members’ participation. This will entail extending the Plenary Assembly Sessions by two or three extra days to accommodate Standing Committees.

3.6    Alignment of National Legislations and Policies on Mineral Resources

To endorse the recommendation to engage a team of legal experts in mining legislation from the SADC Region to develop a model law on resource exploration, exploitation, utilisation, governance and management for use by SADC countries.

3.7    SADC-PF Parliamentary Studies Institute

To endorse, in principle, the establishment of the SADC-PF Parliamentary Studies Institute (PSI) and welcomed the offer by Zimbabwe to host the Institute in Zimbabwe in the event that Namibia is unable to do so.

3.8    Payment of Secretariat and Logistics Costs for Election Observation

That it would be prudent for all Member Parliaments to make a once-off annual payment of USD 16 342.93 for secretariat and logistical costs for election observation missions. The meeting further endorsed the inclusion of this cost in the budget for the 2016/2017 financial year. The Executive Committee further granted its approval for the Secretariat to raise funds to meet the costs of election observation missions by training MPs and Parliamentary staff on the same at a cost.

3.9    Top up for sponsored activities and upgrading of air tickets for nominated MPs

To appeal to MPs to consider travelling in economy class where their National Parliaments cannot upgrade their tickets or provide additional allowances.

3.10  Increasing SADC PF MPs per Country from 6 to 7

Agreed with the proposal by the Secretary General to increase the number of MPs per country to a maximum of seven (7), subject to approval by the Plenary Assembly.

3.11  Update on the Role of Parliamentarians in Climate Change Adaptation and Mitigation in the SADC Region

The Executive Committee took note of a Regional Conference on Climate Change, Adaptation and Mitigation for SADC MPs that was organised by the SADC PF Secretariat with support from the United Nations Development Program (UNDP-Regional Service Centre for Africa in Addis Ababa, Ethiopia). The conference which was held in Victoria Falls, Zimbabwe, from 23 to 24 September 2015 also reiterated the need to mobilize domestic resources to mitigate the effects of Climate Change.

4.0    MEETING OF THE REGIONAL WOMEN PARLIAMENTARY CAUCUS

The Regional Women Parliamentary Caucus (RWPC) convened a meeting ahead of the 38th Plenary Assembly of the SADC Parliamentary Forum on Friday, 20 November 2015. The meeting was attended by Chairpersons of National Women Parliamentary Caucuses (NWPC), Women Members of Parliament and staff from Angola, Botswana, the Democratic Republic of Congo, Lesotho, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. Dr. Esau Chiviya, Secretary General of the SADC PF gave the welcome remarks while Hon. Dr. Becky, R.K. Ndojoze-Ojo, Namibian Member of Parliament and Deputy Minister of Higher Education, Training and Innovation was the Guest Speaker.

4.1    In his opening remarks, Dr Chiviya gave a brief background of the establishment of the RWPC and outlined the core business of the RWPC. He noted the successes realized by the RWPC, in particular, in lobbying various SADC member States to sign the SADC Protocol on Gender and Development and lobbying for the equitable representation of women in political, administrative and decision making positions.

4.2    In her keynote address, Hon. Dr. Becky Ndjoze-Ojo, gave an inspiring rendition of the academic, social and political experiences that had shaped her into the woman she is. Dr. Becky urged women Parliamentarians to put in place effective strategies to ensure an increase in women in politics and decision making positions, including, but not limited to involvement of Speakers of Parliament, in particular, when embarking on all activities aimed towards uplifting women including mentorship and capacity building programmes.      

4.3    The meeting took note of the status quo of gender inequality in the Democratic Republic of Congo (DRC) with respect to women representation in politics and decision making positions particularly as the country approaches its general election scheduled for November 2016.

         The Meeting adopted the following resolutions for adoption by the Plenary:-

  1. To undertake a lobbying and advocacy mission by all National Women’s Parliamentary Caucus Chairpersons and women speakers to the DRC, targeting all DRC political parties registered for the up-coming general elections.
  2. Each Election Observation Mission should reflect gender balance. This should be done by ensuring that selection of election observers is done in consultation with the Chairperson of the National Women’s Parliamentary Caucus. Women Members participating in such missions would, in turn, report to the RWPC through their NWPC.
  3. With regards to SADC PF’s Project on “Sexual Reproductive Health and Rights (SRHR), HIV and AIDS and Governance funded by the Swedish Government in partnership with the RWPC, the meeting resolved that the RWPC, the NWPC and SADC PF should agree on proper terms of reference with the intention of promoting ownership of the project by all stakeholders as well as transference of skills.
  4. National Parliaments should plan and budget for exchange visits between National Women Parliamentary Caucuses to promote experience sharing and the adoption of best practices in the gender agenda.

 

5.0    THE OFFICIAL OPENING CEREMONY

The Official Opening Ceremony of the 38th Plenary Assembly of the SADC Parliamentary Forum was held on the 21st of November 2015 at the Swakopmund Plaza Hotel, in the presence of Hon. Cleophas Mutjavikua, Governor of the Erongo Region, who gave the Opening Address and Hon. Dr. Itah Kandjii-Murangi, Minister of Higher Education, Training and Innovation who gave a Statement during the Ceremony. The SADC PF Statement was presented by Hon. Joseph Njobvuyalema, Vice President of the SADC PF while Hon. Francisca Domingos Tomas also made a statement on the need to enhance SADC PF’s mandate.

5.1    In his remarks to the Plenary, Dr. Esau Chiviya, Secretary General of the SADC PF, gave a historical background of the SADC PF and introduced the theme of the Plenary which he described as timely given that the SDGs were unanimously adopted by the United Nations General Assembly on 25 September 2015. He emphasized the need not only to popularise the SDGs and but also to work towards their implementation.

5.2    Hon. Mutjavikua in his keynote address applauded the theme of the Plenary and reiterated the assertion by the Secretary General that the consultative process prior to the adoption of the SDGs was inclusive as opposed to the MDGs. In closing, Hon. Mutjavikua underscored Namibia’s commitment towards the promotion of regional integration as evidenced by the country’s hosting of the SADC-PF.

5.3    In his remarks, Hon. Njobvuyalema the Vice President of SADC – PF lamented the failure by the SADC PF to realize its ultimate goal of transforming into a SADC Parliament eighteen (18) years after its establishment. He noted that the failure to transform had negatively affected regional integration as there is need to have a people-centered process involving legislators in their representative role.

5.4    Hon. Francisca Domingos Tomas, the RWPC Chairperson underscored the role played by women in the liberation struggle. She recognized the positive steps some countries had taken towards achieving gender parity, specifically Namibia which had adopted the Zebra System and Zimbabwe which had enshrined the quota system in its constitution. She called on all SADC Member States to follow the example of Zimbabwe and lobby for legislation of gender quotas in their respective Constitutions by 2020.

5.5    In her address to the delegates, Hon. Dr Kandji-Murangi, the Minister of Higher Education, Training and Innovation noted the importance of consulting on issues of mutual interest as the region works towards regional integration. She called on the SADC PF to facilitate and accelerate, through national Parliaments and local institutions, the implementation of ratified SADC Protocols by Member States.

5.6    In his welcome address, Hon. Prof. Katjavivi, the Speaker of the National Assembly of Namibia acknowledged the need for Member Parliaments to cooperate on issues of mutual interest to develop the region as well as to achieve regional integration. He noted the need for unity of purpose as the region moves to implement the SDGs.

6.0    SYMPOSIUM ON THE THEME “FROM MDGS TO SDGS: TOWARDS A GREATER PARLIAMENTARY ROLE IN THE DEVELOPMENT AGENDA”

         A Symposium on the Plenary Theme was organized to sensitise the Members on how they can support the Sustainable Development Goals. Mr. Neil Boyer, Senior Advisor, UNRC/UNDP Namibia, Mr. Nandiuasora Mazeingo, National Development Advisor, National Planning Commission of Namibia and Hon. John Corrie, Member of the AWEPA Governing Council made presentations on the theme.

6.1    Mr. Boyer’s presentation assessed progress in Africa towards the MDGs. He noted that while some African countries had done well in attaining the MDGs in the areas of education, promotion of gender equality and empowerment of women, other countries were facing challenges due to poverty and maternal health among other issues.

6.2    In his presentation, Mr. Mazeingo outlined the African Common Position (the CAP) articulated during the consultation process in the formulation of the SDGs. Mr. Maziengo presented an overview of the seventeen (17) SDGs. Of note is that the SDGs are anchored on the 5 “P’s Agenda, that is People, Prosperity, Planet, Peace and Partnership.     

6.3    Hon. Corrie articulated AWEPAs Mission which is to strengthen Parliamentary dialogue between Africa and Europe. Accordingly, AWEPA had been actively involved in capacity building programmes for Parliamentarians as well as engaging Parliaments towards achieving the MDGs.

6.4    In the ensuing deliberations, Hon. Members called for all stakeholders, particularly Parliamentarians, to work towards achieving the SDGs. The delegates agreed that Parliamentarians had a pivotal role to play in the attainment of the SDGs by:

  • overseeing the Executive’s implementation of the SDGs;
  • raising awareness among their constituents of the benefits of the SDGs;
  • leading public opinion and debate on the SDGs; and,
  • ensuring that sufficient resources are allocated towards the achievement of the SDGs in their respective countries’ budgets.

Delegates also raised concern over the lack of representation of Africa on the United Nations Security Council. Accordingly, the developmental hopes and aspirations of Africa were not being articulated in the Security Council. In essence, this entailed that the developmental agenda of the majority of the world’s population which resided in Africa was being determined by a minority. The delegates further noted with concern the absence of a goal that specifically targeted youths.

7.0    PLENARY ASSEMBLY

7.1    The Plenary Assembly of the SADC Parliamentary Forum met on 22, 23 and 24 November 2015. The Plenary considered, took note of and adopted motions as follows:

7.2    Motion for the Adoption of the Report of the Joint Session of SADC PF Standing Committees and the RWPC and Consideration of the Draft Model Law on Eradicating Child Marriage and Protecting Those Already in Marriage

The motion was moved by Hon. Roubina Jadoo-Jaunbocus of Mauritius and seconded by Hon. Innocent Gonese of Zimbabwe.

  1. The Model Law is expected to provide a framework for adoption of best practices in legislating on child marriages and those already in marriage. The Plenary took note of the report which will be forwarded to legal experts for their input before it is presented at the 39th Plenary Assembly for adoption.

7.3    Motion on Criminalisation of HIV Transmission, Exposure and Non-Disclosure in SADC Member States

The motion was moved by Hon. Duma Boko of Botswana and seconded by Hon. Dr. Emamam Immam of South Africa. Members expressed concern that specific laws on HIV transmission, exposure and non-disclosure may not only be harmful to successful HIV prevention and care but may infringe on human rights as well. The motion therefore:-

  1. Reaffirmed the obligations on SADC Member States to respect, protect, fulfill and promote human rights in all endeavours undertaken for the prevention and treatment of HIV;
  2. Reiterated the critical role of Parliamentarians in enacting laws that support evidence- based HIV prevention and treatment interventions that conform with regional and international human rights frameworks;
  3. Called on Member States to consider rescinding and reviewing punitive laws specific to the prosecution of HIV transmission, exposure and non-disclosure; and

         The motion was unanimously adopted.

7.4    Motion on Legislation for Gender Quotas As A Strategy to Accelerate Gender Equality in Line with the SADC Protocol on Gender Development

The motion was moved by Hon. Monica Mutsvangwa of Zimbabwe and seconded by Hon. Siphosezwe Masango of South Africa. The mover raised concern over the continued marginalization of women in the Region despite 12 SADC States having signed the SADC Protocol on Gender and Development. In the ensuing deliberations, Zimbabwe was commended for the good practice of enshrining the quota system into the country’s constitution which had resulted in the increase of woman in Parliament and other decision making bodies such as Independent Constitutional Commissions. The motion called for:-

  1. SADC Member States to adopt legislation for gender quotas as a strategy to accelerate gender equality in line with the SADC Protocol on Gender and Development;
  2. Endorsed the United Nation’s 59th Commission on the Status of Women Resolution extending the deadline for women empowerment and gender equity to 2030;
  3. Affirmed the inclusion and retaining of Article 12 (1) and Article 13 in the revised SADC Protocol on Gender and Development which provides for 50/50 representation between men and women in political and decision making positions in the public and private sectors;
  4. Called for National Parliaments to prioritise the ratification, domestication and monitoring of the implementation of relevant regional, continental and international instruments in order to ensure the development of legislative reforms, policies and programmes that promote and protect women’s rights in the home, community and workplace.

         The motion was duly adopted by the Plenary.

7.5    Motion on the Adoption of the Report of the Standing Committee on Gender Equality, Women Advancement and Youth Development

The motion was moved by Hon. Monica Mutsvangwa of Zimbabwe and seconded by Hon. Sikhumbuzo Ndlovu of Swaziland. The Committee had held a two day dialogue in Johannesburg, South Africa on 31 August and 1 September 2015 whose objective was to make inputs to the SADC Protocol on Gender and Development. The Committee reaffirmed its commitment to the 50/50 gender parity goal and made the following proposals for inclusion in the revised SADC Protocol on Gender and Development:

         The Committee presented their resolutions as follows:

  1. Member states should budget for all activities for the implementation of the SADC Protocol on Gender and Development.
  2. National Parliaments should establish a system which enables SADC PF Parliamentarians to report back on progress made by the SADC PF and resolutions that need each National Parliament’s follow up action.

7.6    Motion for the Adoption of the Report of the Regional Women’s Parliamentary Caucus on the Roundtable on Early and Unintended Pregnancy.

The motion was moved by Hon. Francisca Domingos Tomas of Mozambique and seconded by Hon. Thulisile Dladla of Swaziland. The purpose of the roundtable was to review existing evidence and information on adolescent pregnancies in the SADC countries in order to come up with recommendations aimed at ending adolescent pregnancies while protecting the girls’ human and reproductive rights. The report recommended that the 38th Plenary Session urges SADC Governments to take expeditious actions aimed at ending the scourge of early and unintended pregnancy in the region, particularly:

  1. To ensure that specific legal provisions are made under domestic laws regarding the setting of a minimum age for sexual consent, marriage and the possibility of medical treatment without parental consent;
  2. To align education policies and practices with the ESA Ministerial Commitment to effectively address early and unintended pregnancy in the SADC region;
  3. To undertake special measures to ensure that the sexual education provided within the education system is comprehensive;
  4. To take measures aimed at dealing effectively with serious stigma and discrimination towards pregnant or child bearing girls in schools and communities;
  5. To ensure inclusion of Parliamentary representation in National delegations to major international Summits and meetings on SRHR, HIV and AIDS so as to avert the current information gap which limits Parliamentarians’ capacity to monitor and hold the Executive to account with regards to various international commitments.
  6. SADC PF Member Parliaments to debate and pass resolutions aimed at urging Governments to harmonise laws and policies dealing with the above issues and implement such laws without undue delay.
  7. Called on Members to take a proactive leadership role in the implementation of SDGs.

The report was adopted by the Plenary in its entirety.

7.7    Motion for the Adoption of the Interim Statement by the SADC PF Election Observation Mission to the United Republic of Tanzania General Elections of 25 October 2015

        The Mission was moved by Hon. Agnes Limbo of Namibia and seconded by Hon. Samson Mukanduri of Zimbabwe. The Election Observation Mission was comprised of Members and Staff of Parliament from Angola, Namibia, South Africa, and Zimbabwe. The Mission was satisfied that the elections were held in a peaceful and conducive manner. However, during the debate Members raised their concern over the lack of gender balance and urged National Parliaments to ensure that there is gender balance when nominating Members for such missions in the future. The report was adopted.

7.8    Motion for Adoption of the Report of the Standing Committee on Food, Agriculture and Natural Resources

The motion was moved by Hon. Stevens Mokgalapa of South Africa and seconded by Hon. HRH Senator Phumelele Dlamini of Swaziland. The report made reference to the outcomes of the Regional Conference on Mobilizing Domestic Resources for Climate Change Conference held in Victoria Falls, Zimbabwe whose overall objective was to enhance the capacity of the legislative systems of the SADC region to facilitate the mobilization of domestic resources towards climate change. The Committee proposed the following resolutions for adoption:

  1. The SADC PF should advocate for the expeditious finalization, adoption and domestication of the SADC Strategy and Action Plan on Climate Change.
  2. That Member States must be urged to consider the feasibility of establishing a Regional Implementing entity for accreditation from the UNFCCC to enable direct access to international funding under the Financial Mechanism.
  3. There is need to establish a Regional emissions trading platform, linked with other global trading platforms.
  4. Parliaments should ensure that appropriate legal and institutional frameworks are in place to establish enabling environments to stimulate private sector investments and public sector spending for climate change responses.
  5. Parliaments should enhance working relationships with civil society, the media and vulnerable groups of society regarding climate change responses.
  6. Parliaments should be encouraged to monitor the domestication of, and compliance with key international and regional instruments in particular those dealing with climate change and emission.

         The motion was adopted.

7.9    Motion for the Adoption of the Report on the High Level Seminar on Peace, Security and Sustainable Development: The Role of African and European Parliaments in Tackling the Root Causes and Consequences of Violent Extremism and Terrorism:

The Seminar which was held in Brussels, Belgium, identified causes of violent extremism and terrorism and explored their impact on socio- economic development. The Report acknowledged that violent extremism and terrorism are not widespread in the SADC Region, rather challenges such as limited employment and educational opportunities for the youth could undermine peace, security and development. Parliaments thus have a role to play in tackling the root causes and consequences of terrorism and radical extremism through their legislative, oversight and representation mandates by ensuring that systems and structures of government are inclusive and responsive. In this regard, Parliaments should play an active role in ensuring that governments are inclusive and responsive to the needs of the people in order to safe guard peace, security and development.

         The Report was adopted by the Plenary.

7.10  Motion for the Adoption of the Report of the Regional Women Parliamentary Caucus:

The Report of the Women Parliamentary Caucus as noted on 5.0 of this report was presented and adopted by the Plenary.

7.11  Motion for the Adoption of the Report of the Executive Committee:

The report was tabled by Hon. Garry Nkombo of Zambia who is also the Treasurer of SADC PF. The report is as noted on 4.0 of this report. The Treasurer’s report raised concerns on the issue of reverting to the United States Dollar in view of the depreciation of the South African Rand. After extensive debate on the issue, the Plenary resolved to continue using the South African rand for all its transactions. Other resolutions contained in the Executive Committee Report as outlined on 4.0 were adopted by the Plenary.

8.0    Recommendations

8.1    There is need for the Parliament to take follow up action on resolutions passed by the Plenary and report back to the SADC PF on Zimbabwe’s position or status as the case may be. In this regard, the tabulated resolutions require Parliaments attention:

 

 

RESOLUTION

ACTION

1.

Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage

SADC PF Members to present the Model Law in Parliament for debate.

2.

Increasing the number of MPs per country to a maximum of seven

The political and administrative leadership of Parliament to engage Treasury over the issue in view of the budgetary constraints the country is facing.

3.

Ensuring that there is gender balance in SADC PF Election Observer Missions

The political and administrative leadership of Parliament to ensure that nominated Members to election observation missions reflect the gender composition of Parliament.

4.

Hosting of a SADC Parliamentary Studies Institute

The political leadership of Parliament must engage the Ministry of Higher and Tertiary Education to kick-start the preparatory process in view of the commitment to host the Institute in Zimbabwe. The hosting of the Institute may require financial support in terms of construction, rentals or purchase of the facility as the case may be.

5.

Implementation of SDGs

SADC PF Members to take the lead in debate on the SDGs in Parliament and to advocate for oversight on the implementation of the relevant SDGs by the Executive in their respective Committees

6.

Rescinding and Reviewing punitive laws specific to the prosecution of HIV transmission, exposure and non-disclosure.

SADC PF Members may wish to bring the debate before Parliament if there is consensus that the existing laws should be reviewed.

 

9.2    Furthermore, it is recommended that resolutions on specific thematic issues contained on item 9 of the report be referred to the relevant Portfolio and Thematic Committees for action.

10.0  Conclusion

10.1  The delegation to the 38th Plenary Assembly of the SADC PF wishes to express its gratitude for the opportunity to represent our Parliament at the 38th Plenary Assembly.

          *SENATOR MACHINGAIFA: Thank you Mr. President of the Senate for affording me the opportunity to support the report that has been brought before this august Senate by Senator Mohadi seconded by Senator Chipanga. This is a delegation report for the 38th Plenary Session of the SADC PF that was held at the Sea Side Hotel and SPA, Swakopmund, Namibia from 17th to the 25th November, 2015.

          I support the motion and at the same time express gratitude for these able Zimbabweans who went there. They were led by Hon. Adv. J. Mudenda, Senator Mutsvangwa who also is now a Deputy Minister, Senator Mohadi, Hon. Gonese and Hon. Mukanduri. As Zimbabweans or children of Zimbabwe with an able leader, the greatest one, His Excellency President Mugabe, the leader and head of Government as well as the Commander-in-Chief of the Zimbabwe Defence Forces who is going around the world to ensure that we have friends that would support us during our times of need and also give us ideas on how we can emerge victoriously.

          It is amazing that when others go outside, they come and report back that they have seen beautiful women and beautiful hotels. As Zimbabweans, we are in the forefront of ensuring that our problems such as child marriages are put to an end. It is one of the issues that were discussed there. It was agreed that they were people that were merciful and want to fund people to conduct outreach programmes to spread the gospel. These girls should not be taken advantage of since they are innocent children who are not capable of running households or marriages.

          The issue of HIV and AIDS was also discussed and another issue that is before this Senate pertaining to agriculture was also discussed. Agriculture is our backbone and issues of climate change were also discussed. We have challenges in trying to combat climate change. Ideas were exchanged in this forum on how best we can go forward. They exchanged views on whether to start planting from January or February onwards or to stick to the traditional cropping season. They also discussed the issue of equal opportunities between men and women.

          We would want to thank those that made us proud by raising our flag high and made meaningful contributions that were then adopted. They did not just make the numbers; they went there and showed that they knew what they were doing and that they are a delegation that is led by a capable leader who is the head of Government. I thank you Mr. President of the Senate.

          THE DEPUTY MINISTER OF MACRO-ECONOMIC PLANNIG AND INVESTMENT PROMOTION (HON. SEN. MUTSVANGWA): I move that the debate do now adjourn.

          Motion put and agreed to.

          Debate to resume: Wednesday, 2nd March, 2016.

          On the motion of THE DEPUTY MINISTER OF MACRO-ECONOMIC PLANNIG AND INVESTMENT PROMOTION (HON. SEN. MUTSVANGWA), the Senate adjourned at Twenty Five Minutes to Four o’ clock p.m.  

 

         

         

 

Senate Hansard SENATE HANSARD 01 MARCH 2016 VOL 25 NO 29