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SENATE HANSARD 07 MAY 2019 VOL 28 NO 40

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PARLIAMENT OF ZIMBABWE

Tuesday, 7th May, 2019

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

PRAYERS

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

ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF THE SENATE

2019 CALENDERS AND MP CHARTS

          THE HON. DEPUTY PRESIDENT OF THE SENATE:  I wish to welcome you all back – [HON. SENATORS: Thank you Mr. President!]I wish to inform the Senate that the Public Relations Department will be issuing the 2019 Parliament calendars and 2018 Members of Parliament charts. Hon. Members are kindly requested to collect these items from officers, who shall be stationed outside the Members’ Dining Room from today, Tuesday, 7th May, 2019.

MOTION

BUSINESS OF THE HOUSE

          HON. SEN. SEKERAMAYI:  Mr. President, Hon. Senators, I move that Order of the Day, Number One be stood over until the rest of the Orders of the Day have been disposed of.

          HON. SEN. MOHADI:  I second.

          Motion put and agreed to.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

Second Order read: Adjourned debate on motion in reply to the

Presidential Speech.

          Question again proposed.

          HON. SEN. MOHADI:  I move that the debate do now adjourn.

          HON. SEN.  KHUPE:  I second.

          Motion put and agreed to.

          Debate to resume: Wednesday, 8th May, 2019.

MOTION

REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC PARLIAMENTARY FORUM

HON. SEN. MOHADI:  I move the motion standing in my name 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 6th November to 8th December, 2018.

HON. SEN. CHIEF NGUNGUMBANE:  I second.

          HON. SEN. MOHADI:  Thank you Mr. President but before I table my motion, may I be allowed to present whilst seated?

          THE HON. DEPUTY PRESIDENT OF SENATE:  Why, are you not feeling well?

          HON. SEN. MOHADI:  Yes, Mr. President.  Thank you Mr. President.

          I am going to present the Report of the 44th Plenary Assembly of the SADC Parliamentary Forum that was held at Joachim Chissano International Conference Centre in Maputo, Mozambique on the 6th November to the 8th December, 2018.

MOTION

REPORT OF THE 44TH PLENARY ASSEMBLY OF SADC PARLIAMENTARY FORUM

HON. SEN. MOHADI:  Thank you Mr. President for affording me this opportunity to present this report to the House. In accordance with Article 11 (10), of the SADC Parliamentary Forum which states that “The Plenary Assembly shall meet for the transaction of business at the Headquarters of the Forum or in a Member State on a rotational basis”, the 44th Plenary Assembly Session of the SADC Parliamentary Forum was convened in Maputo, Mozambique from 26 November to 08 December 2018. Thirteen (13) countries were represented at the Plenary which included:- Angola, Botswana, the Kingdom of Eswatini, Malawi,  Mozambique, Lesotho, Namibia, Mauritius, Seychelles, Tanzania, South Africa,  Zambia and Zimbabwe. The DRC was absent with an apology which was duly noted.

1.2    The delegation from Zimbabwe led by  Hon. Advocate Jacob Francis Mudenda, Speaker of the National Assembly comprised the following Members and Officers of Parliament:-

o   Hon Monica Mutsvangwa, Vice-President of the SADC Parliamentary Forum who delivered a legacy speech at the end of her term;

o   Hon. Tambudzani Mohadi, Member of the Standing Committee on Food, Agriculture, Natural Resources and Infrastructure;

o   Hon. Obedingwa Mguni, Member of the Standing Committee on Democratisation, Governance and Human Rights;

o   Hon. Goodluck Kwaramba, Member of the Standing Committee on Gender Equality, Women Advancement and Youth Development and Chairperson of the Zimbabwe Women’s Parliamentary Caucus;

o   Hon. Anele Ndebele, Member of the Standing Committee on Trade, Industry, Finance and Investment; and

o   Hon. Bacillia Majaya, Member of the Standing Committee on Human and Social Development and Special Programmes.

1.3    The following attended the Plenary Assembly as support staff:-

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

o   Mr. Frank Mike Nyamahowa, Director in the Speaker’s Office;

o   Mr. Cleophas Gwakwara, Principal External Relations Officer and Secretary to the Delegation;

o   Ms. Martha Mushandinga, Principal Executive Assistant; and

o   Mr. Clive Zvimekria Mukushwa, Security – Aide to the Speaker.

2.0    OFFICIAL OPENING CEREMONY

2.1    The Official Opening Ceremony of the 44th Plenary Assembly took place on Monday 02 December 2018 at Joachim Chissano International Conference Centre (JCICC) located on the waterfront of Maputo Bay.

2.2    Hon. Fernando da Piedade Dias dos Santos, Speaker of the National Assembly of Angola and outgoing President of the forum informed the Plenary that the SADC Heads of State and Government had now agreed to put the issue of the transformation of the forum into a Regional Parliament on the agenda of the SADC Summit scheduled for March 2019.

2.3    In his keynote address, H.E. President Filipe Jacinto Nyusi reiterated his commitment to ensuring that the transformation of the SADC PF into a regional Parliament would be realised during his term of Office

2.4    The Speaker of the National Assembly of Mozambique, Hon. Veronica Nataniel Macamo Dlovo, welcomed the delegates to the City of Acacia and re-emphasised the need to transform the forum into a Legislative Assembly, noting that the issue had been on agenda for a long time.

2.5    In a solidarity message delivered by Hon. Fatuma Ndangiza representing Hon. Ngoga Karoli Martin, Speaker of the East African Legislative Assembly (EALA), SADC Member Parliament were  reminded that regional integration remains an important driver of Africa’s economic growth, development and poverty reduction as envisioned in the 1983 Abuja treaty.

2.6    In all, there was common purpose on the need for the SADC Parliamentary Forum to transform into a regional Parliament under the direction of the Summit of Heads of State and Government. 

3.0   SYMPOSIUM – “TRANSFORMATION OF THE SADC PARLIAMENTARY FORUM (SADC PF) INTO A REGIONAL PARLIAMENT”

3.1  Dr. Leonardo Simao, former Minister of Foreign Affairs and Cooperation and Director of Joaquim Chissano Foundation emphasised the need for a correct diagnosis of the problem that is hindering transformation. He encouraged the Plenary Assembly to work with the principle of gradualism in mind to avoid making errors.

3.2   Hon. Dr. Alcinda Abreu, former Minister of Foreign Affairs, Environment and former Head of the National Group for the SADC Parliamentary Forum observed that the 38th Summit of Heads of State and Government held in Windhoek, Namibia was a major turning point in the transformation agenda of the forum into a regional Parliament and encouraged Member Parliaments to move cautiously and respect the sovereignty of Member States.

3.4   Hon. Fatuma Ndangiza from EALA observed that the transformation of SADC PF into a legislative body has to be done with the urgency it deserves but cautioned on being prescriptive as every region is unique its own circumstances.

3.5 Zimbabwe pledged to support the process to ensure that the transformation agenda is brought to its finality.

3.6 To ensure that the transformation process gains traction, the 44th Plenary Assembly resolved to engage Clerks/Secretaries-General of Member Parliaments and liaise with representatives of the SADC Secretariat to establish a Joint Task Force that would be responsible for collating views from Member States and coordinating the consultation process. 

4.0    RESOLUTIONS ON THE EXECUTIVE COMMITTEE REPORT

4.1    Separation and Release of Dr. Chiviya

4.2   The Plenary Assembly noted the developments in the case of the Dr. Esau Chiviya, former Secretary- General of the SADC PF whose Settlement and Release Agreement had been finalised.

4.2.1.          The Plenary Assembly adopted a road map to recruit a substantive Secretary- General with immediate effect.  It is trite to note that Zambia and Zimbabwe are not eligible to sponsor candidates after the tenure of Dr. Mutukwa and Dr. Chiviya respectively.

4.3   Engaging the National Parliament of Madagascar and Comoros to join the SADC-PF

4.3.1 Following the readmission of the Republic of Madagascar and the union of Comoros into SADC, the SADC PF Secretariat wrote to the National Parliaments of Madagascar and Comoros inviting them to join the forum. Lobbying for the inclusion of the Indian Group of Islands into the regional body will continue to be pursued by the incoming Executive Committee.

4.4    Monitoring of the Model Law On Eradicating Child Marriage and Protecting Children Already in Marriage

4.4.1 The Plenary Assembly adopted a resolution to monitor and assess steps being taken by Member Parliaments in domesticating the Model Law on Child Marriage and Protecting Children Already in Marriage. It is heartening to note that Parliament will consider the Child Justice Bill and the Marriages Bill, which seek to outlaw child marriages and introduce a mandatory sentence for rape and sexual abuse as envisaged in the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage during this year’s legislative programme.

4.5   Draft Strategic Plan for the SADC-PF 2019-2023

4.5.1 Pursuant to the 43rd Plenary Assembly resolution to develop a Strategic Plan for the forum, which should build upon the vision of the forum as the Flag-Bearer of Democratisation and Socio-Economic Development in the SADC region, the Executive Committee recommended adoption of the Draft Strategic Plan for the period 2019 to 2023.

4.5.2 The Plenary Assembly affirmed the need for a Strategic Plan to guide the work of the forum as it navigates the transformation process into a regional Parliament and unanimously adopted the Draft Strategic Plan.

4.6              Cost-cutting measures to reduce the salary bill of the SADC Parliamentary Forum

4.6.1   The Plenary Assembly adopted a number of cost reduction measures pursuant to the 43rd Plenary Assembly’s decision to ensure that the percentage of SADC PF Secretariat staff salaries to the revenue received from Member Parliament contributions is reduced from the current 72%.

4.6.2   In the immediate term, a proposal to merge the functions of Administration and Human Resources with Finance was adopted as a cost reduction measure. The 44th Plenary Assembly further resolved that the post of financial consultant to the SRHR Project be advertised to give equal employment opportunities to the region.

4.6.3   Attendance of the Forum at the 139th Inter-Parliamentary Union (IPU) Assembly and the 49th Commonwealth Parliamentary Association (CPA) Conference 

4.6.4   The Plenary Assembly commended the facilitatory role played by the SADC PF Secretariat led by the Acting Secretary at the 139th Inter-Parliamentary Union's Assembly and related meetings from the 14th to 18th October 2018. The forum secretariat also facilitated the participation of a few members of its Standing Committees to the 49th Commonwealth Parliamentary Association (CPA), Africa Region Meeting in Gaborone, Botswana from 13 to 22 August 2018. Plenary Assembly reaffirmed the need to for the regional body to continue attending such important meetings.

4.7  Issues relating to the implementation of institutional arrangements to effect the Gender Equality and Women’s Advancement Policy

4.7.1 The Plenary Assembly resolved that all issues concerning the relocation of the gender programme to the Secretary- General’s Office and the affiliation of the Chair of the GEWAYD (or vice-chair) to EXCO be kept in abeyance until the Oversight Committee of the forum has met and properly integrated the issue of gender mainstreaming in its work plan.

4.8  Update on the forthcoming SRHR, HIV and AIDS Governance Project with Sweden

4.8.1   The Plenary Assembly noted that SRHR, HIV and AIDS Governance Project concluded in March 2018 and the Narrative Annual Report of the Project was duly submitted to the sponsors in Sweden by the secretariat on the 20th of September 2018. The expectation is that the project will resume at the beginning of April 2019 and  be extended to all 14 Member Parliaments of the SADC-PF. Zimbabwe has benefited immensely by partnering in this project.

4.9   Strengthening Accountability and Oversight of the Office of the Secretary-General.

4.9.1   The Plenary Assembly adopted the recommendations to strengthen   accountability and oversight of the Office of the Secretary-General  who, as Chief Executive  Officer is responsible for the  administration of all the affairs of the institution and for managing the human resource base. A handbook containing rules and regulations for running the office will thus be developed.

(a)            Nomination of EXCO Members to Continue Serving for One More Year As Ex-Officio Members Pursuant to Article 12 (3) of the SADC PF Constitution

(b)            In order to preserve institutional memory, Article 12 (3) of the SADC- PF Constitution provides for five members of the outgoing Executive Committee namely, the outgoing treasurer, two Presiding Officers and two non-Presiding Members to continue to serve in the in-coming Executive Committee.

(c)             In this regard, Plenary Assembly approved the following to continue  to serve in the Plenary as ex-officio Members for a period not exceeding one year:-

o   Hon.  Justice Dr Patrick  Matibini, Speaker of the National Assembly of Zambia;

o   Hon. Prof Katjavivi, Speaker of the National Assembly of Namibia;

o   Hon Terence Mondon outgoing (Treasurer) from Seychelles;

o   Hon Duma Gideon Boko, Member of Parliament from Botswana; and

o   Hon Jaime Augusto Neto, Member of Parliament from Mozambique.

4.11.1                      Progress on the Implementation of a Plenary Assembly Resolution on Cost Optimisation and Resource Mobilisation for  SADC PF Election Observation Missions

4.11.2                      Following the resolutions of the 40th, 41st, 42nd and 43rd Plenary Assembly Sessions to optimise costs and mobilise resources for SADC-PF Election Observation Missions, the Executive Committee applauded the secretariat for the measures taken to contain costs related to the 2018 Zimbabwe Harmonised Elections.

4.11.3                     Recognising that election observation missions placed a huge financial burden on National Parliaments, the Committee agreed that the Secretariat should continue to explore and implement cost reduction measures and resource mobilisation strategies to support these missions. Election observation missions would therefore, only be undertaken subject to availability of financial resources.

5.0     TREASURER’S REPORT

5.1    The Plenary Assembly noted that Zimbabwe has an outstanding amount of   N$1,526,016 towards its obligations to the forum. Parliament of Zimbabwe pledged to clear the outstanding arrears.

6.0   MOTIONS ADOPTED DURING PLENARY ASSEMBLY

In tandem with its constitutive mandate, as the policymaking and deliberative body of   SADC PF, the 43rd Plenary Assembly discussed and resolved on various issues of regional importance and concern.                                                                                                                                        

6.1     Motion for the Adoption of the SADC Model Law on Elections

6.1.1   The motion was moved by Hon. Wavel Ramkalawan, MP, Chairperson of the Standing Committee on Democratisation, Governance and Human Rights and seconded by Hon. Josefina P. Diakite, Vice-Chairperson of the Standing Committee on Democratisation, Governance and Human Rights.

6.1.2 The motion urged the secretariat to be pro-active in sourcing finances for Election Observation Missions.

6.1.3 Plenary Assembly applauded the Standing Committee on crafting a Model Law that will be adopted and adapted by Member Parliaments in accordance with domestic policies.

6.1.4 In the ensuing debate, Zimbabwe was applauded for holding regular and periodic elections and for holding the most credible, peaceful, fair and transparent elections in the region.

6.1.5   The Plenary Assembly noted the election dates for the Democratic Republic of Congo (DRC) were not conducive for observation since they coincided with the Christmas period.

7.1   Motion and debate for the adoption of the Report of the Standing Committee on Food, Agriculture and Natural Resources

7.1.1           The motion was moved by Hon. Stevens Mokgalapa of South Africa and seconded by Hon. Sophia Swartz of Namibia. Plenary Assembly appreciated the peer learning visit to EALA by the Committee to benchmark on the ratification, implementation and monitoring of regional commitments on agriculture and food security.

7.1.2 The meeting also noted and urged Member Parliaments to ensure that governments abide with the Malabo Declaration on accelerated agricultural growth and transformation by allocating 10% of their national budgets to agriculture. Zimbabwe’s budget allocation to Agriculture under the 2019 budget projections stands at 12%, which is a positive development juxtaposed with the Malabo Declaration.

7.1.3 The region was encouraged to focus on industrialisation and underscored the need to improve the management of natural resources for the benefit of all SADC citizens.

8.1    Motion and debate for the adoption of the Report of the Standing Committee on Gender Equality, Women Advancement and Youth Development

8.1.1 The motion was moved by Hon. Ponde Mecha of Zambia and seconded by Hon. Tshireletso of Botswana. 

8.1.2           The Plenary Assembly adopted the recommendation to embark on lobbying missions to popularise and promote the introduction of women and youth quotas in national constitutions. The women’s quota provision in the Constitution of Zimbabwe was given as a reference point which had guaranteed a significant increase in women’s representation in Parliament.

9.0    Motion and debate for the adoption of the Report of the Standing Committee on Democratisation, Governance and Human Rights

9.1.1 The motion was moved by Hon. Wavel Ramkalawan and seconded Hon.  Josephina Diakate who is the Vice- Chairperson of the Committee. The motion among other things, hailed Zimbabwe’s peaceful harmonized elections and the opening up of the sdemocratic space which had resulted in an unprecedented number of candidates vying for the Presidential seat.

9.1.2 The Plenary Assembly was heartened that the areas that required improvement in the Zimbabwe electoral process were comprehensively addressed in the Draft SADC Model Law on Elections. Zimbabwe, like other SADC Member States, will stand to benefit from the domestication of the Model Law.

10.0  Adoption of the Report of the Standing Committee on Human and Social Development and Special Programmes

10.1  The Plenary Assembly noted that HSDSP Committee which oversees the implementation of the SRHR, HIV and AIDS Governance Project in seven implementing countries, had successfully steered the project over the past four years.

10.2  The meeting observed with gratitude that the project will now be spread to all fourteen countries in the region.

11.0  Motion and debate for the adoption of the Report of the Standing Committee on Trade, Industry, Finance and Infrastructure (TIFI)

11.1  The motion was moved by Hon. Egbert of Seychelles and seconded by Hon. Tsepang Tsita- Mosena of Lesotho.

11.2   The Plenary Assembly took note that currently only twenty-two (22) out of twenty-six (26) African countries have signed the Continental Free Trade Area (CFTA) Agreement which was initially launched in June 2015 in Sharm el Sheirk, Egypt.  The CFTA is a proposed African free trade agreement between the Common Market for Eastern and Southern Africa (COMESA), Southern African Development Community (SADC) and East African Community (EAC). Zimbabwe indeed, signed the Agreement.

11.3 Plenary Assembly noted that following the signing of the Agreement, 22 ratifications are required for it to come into force. However, only Kenya, Ghana and Rwanda had ratified the Protocol.  Plenary encouraged Member Parliaments to lobby for the ratification of the agreement which would enhance continental trade and ultimately, regional integration.

11.4  Plenary Assembly was informed and supported the initiative to establish the SADC University of Transformation in the form of a Virtual University based on the concept of a network of partner institutions and universities that will be designated as Centres of Excellence and Specialisation.

12.0  Motion and debate for the adoption of the report of the Regional Women’s Parliamentary Caucus

12.1 The motion was moved by Hon. Matsepo Molise – Ramakoae of Lesotho, Chairperson of the RWPC and seconded by Hon. Agnes Limbo of Namibia.  Plenary Assembly received the history and background of the project on Gender Responsive Oversight Model (GROM), linking it with UN Women HeforShe global solidarity campaign, which urges citizens to work with men and boys to curb gender inequalities in general and gender-based violence in particular.

12.2  Plenary Assembly adopted the recommendation by the RWPC to decentralise and adapt GROM to the National Parliaments of Lesotho, Zimbabwe, and possibly Zambia which expressed interest to be considered. This project will be implemented in partnership with UNAIDS and UN Women.

12.3 The Plenary Assembly underscored that whilst participation at the United Nations Commission on the Status of Women depended heavily on Development Partners’ funding, it remains the responsibility of each Parliament to ensure that members of National Women’s Parliamentary Caucuses are part of each country’s delegation to the CSW.

13.0  Debates on Motions by Member Parliaments

13.1  Notice of Motion on the Promotion of Regional Trade using Currency Convertibility and Repatriation and Regional Payment Settlement Systems

13.1.1        Plenary Assembly adopted the motion which seeks to ensure that there is currency convertibility among SADC Member States to avoid losing time and money whilst trying to change money into different currencies.

13.0 Notice of Motion on the Role of SADC Parliaments in Securing an Enabling Environment for Inclusive, Safe and Sustainable Access to Technology for Young People

13.1  Plenary Assembly resolved to ensure safety in the use of technology and urged Member States to ensure that laws that guarantee environmentally-friendly use of technology are promulgated.

14.0 Notice of Motion on Promoting Infrastructure Development and Youth   Empowerment for Sustainable Development

14.1   Plenary Assembly noted the need to ensure that youths are mainstreamed into various economic activities to ensure that they become repositories of knowledge and leadership as the region consolidates its economic transformational agenda.

15.0  ELECTION OF NEW OFFICE BEARERS

15.1  Plenary Assembly elected new Office bearers to lead the Forum up to 2020 as follows:-

o   Hon. Veronica Nataniel Macamo Dlhovo, President of the SADC PF (Mozambique).

o   Hon. Isaac Mmemo Magagula, Vice-President of the SADC PF (Eswathini).

o   Hon. Patricia Kainga, Treasurer (Malawi).

15.2  Hon. Advocate Jacob Francis Mudenda will serve in the Executive Committee and the Parliamentary Legal Sub-Committee.

15.3  The new Executive Committee directed the secretariat to work on the modalities to convene a hand-over meeting where the transformation road map will be discussed and finalised.

16.0  LEGACY STATEMENTS

16.1  Hon. Fernando Da Piedade Dias Dos Santos, Speaker of the National Assembly of Angola and outgoing President of the SADC PF thanked Plenary Assembly for the sterling work done in the last two years in pushing the transformation agenda, noting that the issue was now being taken up seriously by the Summit.

 16.2           Hon. Monica Mutsvangwa, outgoing Vice- President of the SADC PF thanked the Plenary Assembly for the opportunity she was given to serve as the Vice –President of the forum, a post that gave her invaluable leadership experience which she will tap into the future.

16.3 Hon. Advocate Jacob Francis Mudenda, Speaker of the National Assembly of Zimbabwe, paid tribute to the leadership of Hon. Dias dos Santos, Speaker of Angola, for steering the transformation agenda and encouraged the new leadership to carry the mantle forward until the transformation of the forum is realised.

17.0  RECOMMENDATIONS

 

Recommendation

Action

Timeline

17.1

Transformation of SADC PF into a Regional Parliament.

Hon. Obedingwa Mguni to move a motion on the Transformation of the Forum into a Regional Parliament

 

Lobbying process with the Executive to continue formally and informally. Parliament to elicit a formal positive affirmation from the Executive.

 

January 2018

 

 

 

 

March   2019

17.2

Establishment of the Parliamentary Studies Institute (PSI).

Parliament of Zimbabwe to ensure that the new Administration at the University of Zimbabwe is briefed on the proposal

Ongoing

17.3

Parliament of Zimbabwe to take part in the Gender Responsive Oversight Model (GROM)

The Zimbabwe Women’s Parliamentary Caucus to incorporate the model into its work plan. Adopt and adapt GROM to be implemented in partnership with UNAIDS and UN Women.

February 2019

17.4

Liaise with the Executive to push for the ratification of the Continental Free Trade Area (CFTA)

Parliament to liaise with the Ministry of Foreign Affairs and International Trade on the ratification of the Agreement

January 2019

17.5

Adoption of the Model Law on Elections

Liaison with the Ministry of Justice, Legal and Parliamentary Affairs on the proposed Model Law on Elections

February 2019

17.6

Strengthening Election Observation Missions in the Region whilst observing Gender equity in Missions.

 

All observation missions to include at least a woman Member of Parliament. Parliaments to be encouraged to mobilise resources for the election observation missions.

Ongoing

17.7

Implementation matrix for the next phase of the 3-year SRHR Project

The SRHR Country team to adopt stop gap measures to ensure that there is no lacuna up to the commencement of the programme

SRHR Project Researcher to continue noting debate related to SRHR issues

17.8

Continued implementation of the HeforShe Programme.

Refer to the Portfolio Committee on Women Affairs and Youth/ and seek continued support of the ZWPC in initiatives that champion the cause of women

 

Ongoing

17.9

The establishment of the SADC University of Transformation to train citizens in innovation to facilitate industrialisation in the region.

Portfolio Committee on Higher and Tertiary Education to liaise with the Ministry of Higher and Tertiary Education on the modalities to link the proposed University with Institutions in Zimbabwe

January 2019

 

18.0.   CONCLUSION

18.1   The Plenary appreciated the excellent hosting arrangements made by the National Assembly of Mozambique.

(a)   The incoming President of the SADC – PF expressed confidence that the issue of the transformation of the SADC Parliamentary Forum into a regional Parliament will come to fruition with the critical mass of forward looking Members of the Plenary Assembly.

18.2  Parliament of Zimbabwe is encouraged to adopt resolutions of the Plenary Assembly as they summarize the collective concerns of citizens in the region.  I thank you.

HON. SEN. CHIEF NGUNGUMBANE: Thank you Mr. President for giving me this time to support the motion that has been tabled before this Senate by Hon. Sen. Mohadi. It is a long and comprehensive report and I will only dwell on -  I think about two or three aspects, namely transforming SADC PF, establishing of a Parliamentary Studies Institute and last but not least, the SADC Model Law.  I would want to thank the members that represented this Parliament as she has already indicated that they represented Parliament very well. 

First and foremost Mr. President, I think as a Parliament, it is important that we establish a Parliamentary Studies Institute.  There are a lot of misconceptions on the role of Parliament.  If you go into a secondary or primary school and get hold of social studies textbooks, you will find that one of the fundamental roles of Parliament is to make laws; which is very important.  If you look at the laws that we have passed, what percentage can you give to those laws that were really made by Parliament?  The law provides for a Private Member’s Bill but most of the laws are brought in to Parliament by the Executive and our role is to pass.

Secondly, when we come in as new members, most of us do not really know what our roles as parliamentarians are.  So, this will also help us before we become Members of Parliament and to those aspiring Members of Parliament, at least they will have an appreciation of what Parliament is and what the roles are.  I think the thrust of the AU is to say areas of conflict, let us devolve; let us give them to the continent and let us move them to regional blocs.  If we look at the conflict that is here in Africa, be it in West Africa, we have Economic Community of West Africa States (ECOWAS) looking at that.  In North Africa, we have the Arab Maghreb Union looking and in Southern African, we have SADC PF, but for these regional bodies to be very effective you would need regional Parliaments to be established to support national Parliaments that are there.  It will strengthen regional operations and help resolve conflicts that have been the order of the day in most of the blocks in the continent.

Mr. President, Hon. Sen. Mohadi talked of the SADC Model Law on eradicating child marriages.  I think in 2015 there was a judgment given by the constitutional court outlawing child marriages.  Child marriages are a menace; I think it is a few that would support child marriages.  When one gets married, the families and communities are involved. When it comes to the issue of child marriages, I do not know who is involved but I would assume that perhaps the father or mother is involved.  So, it is not something that we envy and even those little girls that are in those marriages, it is not something that they envy.  So as society, I think we have a role and as Parliament, we have a very important role to help these laws to be effective. 

Mr. President in unpacking my debate, I would want to refer to a book written by some two political scientists by the name Steven Levitsky and Daniel Ziblatt, they wrote a book by the title ‘How Democracies Die’ it was an aftermath of the challenges that the American democracy was facing after the election of the current President Donald Trump.  To me, it is a realisation that the so called best institutions of democracy, rule of law also face their challenges and we have authors that have unpacked this in great detail on how this leadership has brought challenges to the American democracy.  I will pick up on key elements that I thought are very important to my debate.  I think we are very fortunate in this Senate that we have one of the lawyers that have helped in the writing of the Constitution, Hon. Sen. Mwonzora.  He will, among many others, agree with me that constitutions can be well written, well documented but they leave a lot of gaps.  You can go to America, you will find that and I will make reference to that later on in the speech.

It is not surprising that the Lancaster House Constitution was amended many times; it is testimony that constitutions do not embrace everything so there are gaps and it is those gaps Mr. President that I will highlight on.  Section 78 of our current Constitution refers to marriage rights.  When you attain the age of 18, you have a right to get into a marriage contract, you have a right to form a family.  Mr. President, that is not enough, if you look at our African values, one cannot get married without the involvement of the respective families.  The Constitution does not state ‘subject to involvement of families’, no, but if you look at our unwritten norms and values as Africans, it is provided that when you enter into a marriage, you must have a go between or negotiator who will facilitate discussions on marriages. So the Constitution itself Mr. President is not enough. Yes we might pass legislation on child marriages, to me I believe that is not enough.  Mr. President, I think we also need to value the human factor. As humans, we are the ones that sit down to plan, draft constitutions and draft the unwritten constitutions, the philosophy of ubuntu.  We need to also say as much as we put trust on our laws, we should also identify that these laws and the judgment that are given by the courts are not enough to address the areas at hand. 

The judgment, given two to three years ago, offered a platform that Parliaments could then pursue in saying these are the gaps in legislation which will help us in addressing the issue of child marriages.  Mr. President, I would want to refer to a judgement given in the United States of America in 1944 towards the end of the Second World War. Judgement 53020 by one judge Justice Learned Hand; he gave a judgment and I refer to my notes so that I can read out the judgment.  He said, ‘I often wonder whether we do not rest our hopes too much on constitutions upon laws and upon courts’, and he says if we put too much hope, these notes say we should not put hope but he is saying we should not put too much hope, ‘If we do so it gives us falls hopes to liberation.  There is no law or constitution that can save it.  What I am trying to say Mr. President,  is that if you look at the issues of child marriages, it is not part and parcel of teaching our children not to be married before the age of 17 years regardless of their sex, be they  boys or girls.  They should not marry before attaining 18 years of age.  How many people in the rural areas have access to the laws that Parliament is enacting in order to curb the issues of child marriages?  I am saying that a lot still needs to be done in terms of educating our people on the dangers and wrongs of practicing child marriages and that it is not allowed in our country.  I think that the proposed amendments should encourage some of the cultural values that are written, that we need to empower chiefs to help us in addressing the issue of child marriages. 

          When this Bill comes before us as Parliament, there is need for a robust and serious debate on this Bill that affects society.  I would be naive not to say that it is of utmost importance for this Bill to uphold our culture by giving chiefs jurisdiction to preside over child marriages cases because often times, you will discover that there are statistics that have been provided but I think that most of the affected people do not have vehicles to be travelling to the courts which may be some distance away.  The money that is required to access the courts and get certificates is also prohibitive to most people; hence my humble plea that chiefs need authority to deal with these issues at local level and address the problems at hand.  With these few words, I would like to register my support on this issue of the Model Law on Eradicating Child Marriages.  I thank you.

          HON. SEN. MOHADI:  I move that the debate do now adjourn.

          HON. SEN. TSOMONDO:  I second.

          Motion put and agreed to.

          Debate to resume: Wednesday, 8th May, 2019.

ANNOUNCEMENT BY THE HON. DEPUTY PRESIDENT OF SENATE

MALFUNCTIONING RECORDING EQUIPMENT

THE HON. DEPUTY PRESIDENT OF SENATE:  I would like to advise Hon. Senators that our recording system is out of order.  The result of that is, Hon. Senators will only be able to debate in one language and perhaps this will also encourage us to focus and support the Parliament budget so that Hon. Members may be able to debate in the language of their choice.

MOTION

HUMAN RIGHTS VIOLATIONS SUFFERED BY ZIMBABWEANS

Fourth Order read:  Adjourned debate on motion condemning all

forms of violence.

          Question again proposed.

HON. SEN. S. NCUBE:  Mr. President, I move that the debate do

now adjourn.

          HON. SEN. ZIVIRA: I second.

          Motion put and agreed to.

          Debate to resume: Wednesday 8th May, 2019.

MOTION

FIRST REPORT OF THE THEMATIC COMMITTEE ON HUMAN RIGHTS ON THE ZIMBABWE HUMAN RIGHTS ANNUAL REPORT FOR THE YEAR ENDED DECEMBER 2017

Fifth Order read:  Adjourned debate on motion on the First Report

of the Thematic Committee on Human Rights on the Zimbabwe Human Rights Commission Annual Report.

          Question again proposed.

          HON. SEN. MOHADI:  I move that the debate do now adjourn.

          HON. SEN. S. NCUBE:  I second.

          Motion put and agreed to.

Debate to resume: Wednesday, 8th May, 2018.

MOTION

IMPORTANCE OF INTERCROPPING AND GROWING OF SMALL GRAINS

          Sixth Order read: Adjourned debate on motion on the need to educate the nation on the importance of intercropping and growing of small grains.

Question again proposed.

          HON. SEN. TONGOGARA: I move that the debate do now adjourn.

          HON. SEN. MOHADI: I second.

          Motion put and agreed to.

          Debate to resume: Wednesday, 8th May, 2019.

MOTION

CORRUPTION ALLEGATIONS BY THE ZIMBABWE CRICKET BOARD

     Seventh Order read: Adjourned debate on motion on the allegations of corruption by the Zimbabwe Cricket Board.

Question again proposed.

     HON. SEN. TIMVEOS: I move that the debate do now adjourn.

     HON. S. NCUBE: I second.

     Motion put and agreed to.

     Debate to resume: Wednesday, 8th May, 2019.

MOTION

OUTBREAKS OF VELD FIRES

Eighth Order read: Adjourned debate on motion on the recurrence of outbreaks of veld fires with devastating effects on the environment.

Question again proposed.

          HON. SEN. GUMBO: I move that the debate do now adjourn.

          HON. SEN. MOHADI: I second.

          Motion put and agreed to.

          Debate to resume: Wednesday, 8th May, 2019.

          The Clerks-at-the Table having advised the President of the Senate on procedure.

          THE HON. DEPUTY PRESIDENT OF SENATE: I have been advised to remind you Hon. Senators that if your motion stays for 21 days consecutively on the Order Paper without you winding it up, it automatically falls out.  So, I strongly advise you to wind up your motions when you see that debate has been exhausted.

MOTION

PROTECTION OF CATTLE AGAINST TICK-BORNE DISEASES

          Ninth Order read: Adjourned debate on motion on the call to control tick borne diseases affecting livestock in Zimbabwe.

          Question again proposed.

          HON. SEN. CHIMBUDZI: Thank you Mr. President for affording me this opportunity to wind up my motion.  I would like to thank Hon. Senators for supporting this motion.  They contributed very important issues such as educating our people on the importance of dipping our cattle and also monitoring our porous borders.  For example, in my constituency, there is a certain man who goes out every day to collect those dead cows to his home.  It is very bad for health.  The wife is forced to cook this meat, I do not know whether it is greediness or what but as Hon. Members, we need to educate our people.  We also need to monitor our butcheries since we have lost quite a number of cattle I think some of the meat sold in some butcheries is from these dead animals.

          It is also important for our farmers to always work with Veterinary Services so that they are advised on recommended medicines to curb certain diseases on animals.  Farmers prefer drugs which are cheaper and are normally sold on the black market but do not cure the ailment.  This is one of the reasons why we have lost such a large number of cattle in our country. 

Once again, I would like to thank this august House for their contributions and I think Government will take the right decision to prevent such a situation because the previous speaker touched on very important issues so that we protect our herd in the county because the country has already lost quite a number of cattle.  I move that the motion be now adopted.

The motion that:

 AWARE that 70% of the diseases affecting cattle in Zimbabwe such as babesiosis, anaplasmosis and theileriosis are caused by ticks;

          ALSO AWARE that tick borne diseases cause weight loss and consequently impact        negatively on livestock production;

           FURTHER AWARE that the Animal Health Act [Chapter 19:01] and Statutory Instrument No. 250 of 1993 provide for dipping of livestock, especially cattle, to protect them against tick borne diseases;

          NOW, THEREFORE; calls upon the Ministry of Lands, Agriculture, Water, Climate and Rural Settlements to:

(a) ensure proper maintenance of dip tanks and increase the number of dip tanks in areas mostly affected by tick-borne diseases;

          (b) enforce registration of calves within the stipulated period of two weeks;

(c)  monitor and control movement of livestock; and

          (d) encourage farmers to regularly dip their livestock in order to prevent tick-borne diseases, put and adopted.

MOTION

REPORT OF THE 139TH ASSEMBLY OF THE INTER-PARLIAMENTARY UNION (IPU)

Tenth Order read: Adjourned debate on motion on the Report of the 139th Assembly of the Inter-Parliamentary Union (IPU), held in Geneva, Switzerland.

THE HON. DEPUTY PRESIDENT OF SENATE: According to Standing Order Number 100, this motion falls away.

MOTION

UPGRADING OF TOURIST FACILITIES IN KARIBA

Eleventh Order read: Adjourned debate on motion on the strategic role of tourism to the country’s economic development.

Question again proposed.

HON. SEN. GUMPO: Thank you Mr. President.  It was indeed a very exciting time for me to present a motion that was well debated in this august House.  I would like to thank all the members that debated on this motion. 

I would like to notify the House that the motion has gone a long way in terms of achieving what it was intended for. Firstly, this motion attracted a response from America on a project that has been pending in Kariba for sometime.  I am not going to dispose most of the details because it is being considered by Government, but it is a project that was proposed twelve years ago and it was covered by this motion.  It is definitely important that a motion is presented in Parliament and debated to a deeper end so that they acknowledge exactly what they are intended for.

Secondly, when I presented the motion in Parliament, the Minister of Tourism attended to problems in Kariba.  I am so pleased that the Minister was very forthcoming in terms of responding and being able to start the dialogue which I did talk about, that for the last fifteen years there was no dialogue in Kariba between stakeholders and Government.   This is why the economy of the town had actually declined because there was no communication.  I am so pleased that the Minister has actually resuscitated those contacts.

I presented the motion on the 18th of December – by the 22nd of December, I had been invited to the Minister’s office for discussion on the project.  The Minister had already identified a team from her Ministry to be able to represent the Ministry.  I was then asked to bring a team from Kariba to be able to connect the two teams to start debating.  As I speak now, during this weekend, there is going to be a meeting in Kariba.  The Minister has convened a meeting in Kariba for all the stakeholders towards a serious debate in terms of talking about how Kariba can be resuscitated.

Mr. President, when I presented my motion, I was actually talking about two projects in Kariba that is tourism and the fishing industry which are the only industries that sustain Kariba.  If the two are not resuscitated, it would mean unemployment for over 50 000 people because Kariba has no other industries.  There is no mining or farming.  It is just the two industries.

It is vitally important that this debate is done properly.  I hope the Minister is going to go deeper into the matter until those two industries are resuscitated to save the employment of the people of Kariba. I therefore would like to propose that this House adopts the motion.

Motion that:

COGNISANT of the strategic role of tourism to the country’s economic development, both as a major foreign currency earner and a source of employment;

          CONCERNED by the decline of Kariba Town as a tourist destination leading to high unemployment levels;

          ALSO CONCERNED by delays in the construction of a new airport in Kariba, which is critical for revival of the tourism industry in the town;

          FURTHER CONCERNED by the decline in the wild animal population which is a major tourist attraction to the resort town;

          NOW, THEREFORE, calls upon the Government to-

          a)  expeditiously provide financial resources for construction of a new airport in Kariba and upgrading of tourist facilities to international standards;

          b)  control the movement of wild animals into Kariba Town and poaching activities; and

c)  designate Kariba Town a Special Economic Zone status in order to unlock its great economic potential, put and adopted.

On the motion of HON. SEN. MOHADI, seconded by HON. SEN. MATHUTHU, the House adjourned at Eleven Minutes to Four o’clock p.m.

 

Senate Hansard SENATE HANSARD 07 MAY 2019 VOL 28 NO 40