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SENATE HANSARD - 10 MAY 2011 VOL. 20 NO. 22

PARLIAMENT OF ZIMBABWE

Tuesday, 10th May, 2011

The Senate met at Half-past Two

o'clock p.m

 

PRAYERS

(MADAM PRESIDENT in the Chair)

ANNOUNCEMENT BY MADAM PRESIDENT

SWITCHING OFF OF CELLPHONES

MADAM PRESIDENT: I have to inform hon. senators to please

switch off their cellphones before commencement of business.

BILLS RECEIVED FROM THE PARLIAMENTARY LEGAL COMMITTEE

MADAM PRESIDENT: I have to inform the Senate that I have received General Laws Amendment Bill [H.B. 8, 2010] and the Small Enterprises Development Corporation Amendment Bill [H.B. 9, 2010] from the House of Assembly.

MOTION

LEAVE TO SUSPEND STANDING ORDER NUMBER 98

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Madam President, I seek leave of the Senate to move that provisions of Standing Order No. 98 be suspended to allow me to introduce and complete all the stages of the General Laws Amendment Bill today and with the procedures which require that the Bill be considered by the Senate.

MOTION

SUSPENSION OF STANDING ORDER NO. 98

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Madam President I move that provisions of Standing Order No, 98 be suspended. I also move that provisions which require consideration of the General Laws Amendment Bill and that of the stages of the General Laws Amendment Bill be considered today.

Motion put and agreed to.

MINISTERIAL STATEMENT

CONSTRUCTION OF THE NATIONAL DEFENCE COLLEGE

THE MINISTER OF DEFENCE: Thank you Madam President. I wish to make a Ministerial Statement to inform the august Senate about the construction of the National Defence College.

BACKGROUND

Madam President, the imperative to establish the National Defence College was a consequence of the obtaining global security environment. Such a national institution is envisaged to:

a) Serve as the national co-ordination platform to enhance constructive and collective engagements in crafting national defence and security policy.

b) Provide Senior Military Officers and their Civilian counterparts with intellectual tools to address complex defence and national security challenges.

2. Therefore, the NDC shall be the national specialised professional military and civilian learning institution to provide high quality education, training and research on national security issues.

PURPOSE AND SCOPE OF THE PRESENTATION

3. Madam President, the purpose of this presentation is four-fold:

a) To acquaint honourable senators with the roles the National Defence College is expected to perform in contributing to national security in the context of current global security challenges.

b) Spell out the admission policy of the College.

c) To familiarise honourable senators with the location of the College, development work presently underway and its funding, and

d) To acquaint honourale senators with the perceived roll-out of intended academic training programmes.

Roles of the National Defence College

4. On 5 September 2008, the Head of State and Government and Commander in Chief of the Zimbabwe Defence Forces authorized the establishment of the institution following recommendations by the Ministry of Defence, as the line ministry.

5. As a follow up to this landmark development, the Ministry of Defence and Defence Forces Headquarters acquired 60 hectares of land along the Mazowe Road, opposite St Lucia Park, for the construction of a purpose-built National Defence College in October 2008. As you may be aware, the Head of State and Government and Commander in Chief of the Zimbabwe Defence Forces laid the foundation stone to initiate the construction of the College on 25th August 2010. The construction is now underway and it is anticipated that the project will be complete in less than three years.

6. Madam President, the primary roles of the College shall be:

a) To serve as the premier defence education centre in Zimbabwe imparting specialized training in the field of national security and defence to selected military and civilian officers from various segments of the society.

b)To act as a think tank for providing research on military, defence and national security for the National Security Council, Ministry of Defence and other government organisations.

1. To conduct seminars and workshops to co-ordinate national security issues.

d) To publish commissioned research work on specified areas of policy.

1. Its secondary roles shall include:

a) Enhancing and widening participants' understanding of the role of Zimbabwe's foreign policy in promoting national interests and security as well as providing understanding of the role played by military power in national security.

b) Enhancing the participants' understanding of the process of formulating national security policy.

c) Enhancing course participants' skills in the analysis of specified national security issues and rendering recommendations.

d) Maintaining a data and information bank for use by individuals engaged in research and development of national security policy.

e) Financing and publishing a regular College Journal to encourage critical commentary and wider participation in the development and review of national security policy issues.

MISSION OF THE NATIONAL DEFENCE COLLEGE

8. The Mission of the National Defence College is "to prepare selected senior military officers, senior public officials and senior officials from the private sector of Zimbabwe and their equivalent from friendly countries for higher responsibilities in their respective organisations, by developing their analytical powers, knowledge of defence and international security and strategic issues through high professional training and exchange programmes".

1. The one-year long National Defence Course shall be the flagship of the College focusing on defence and international security at the grand strategic level. Accordingly, the programme is designed for participants who meet the following criteria:

a) Officers of the rank of Colonel or Group Captain and above in the ZDF and their equivalent ranks in other security services of the State. Civilians of equivalent seniority in the public and private sectors in Zimbabwe are also eligible to attend the National Defence Course on invitation by the College based on such criteria as the National Defence College Control Board (NDCCB) may from time to time specify.

b) Selected SADC and other countries will be invited to subscribe to each course through the NDCCB according to criteria that will be specified in each invitation. The inclusion of civilians and defence and security officers from other countries is designed to ensure as much interaction and cross fertilisation of ideas of people from as varied backgrounds as possible.

c) The general rule governing subscription quotas for each course will be determined by the NDCCB from time to time depending on financial constraints and other considerations.

d) Every effort will be made to ensure equitable gender representation on each course.

10. Evidence from similar education and training institutions elsewhere in the international system suggest that appointment into notable key vacancies in the civil service are directly or indirectly dependent on the compulsory attendance of the National Defence Course. Such international institutions include the Kenyan National Defence College at Karen, where the appointment by government of International Trade attaches, Secretaries and Deputy Secretaries within Ministries, is strictly dependent on the successful completion of the twelve month 'NDC' at Karen. There is a large number of graduates from such institutions within the Zimbabwe Defence Forces who can testify to the importance of the critical role National Defence Colleges play in the National Manpower Development Agenda.

GOVERNANCE STRUCTURES

11. The Governance arrangements of the NDC will be as follows:

a) The National Defence College Control Board (NDCCB). The NDCCB will be responsible for providing policy guidance to the College, in particular on :

1) The NDC plan of activities

2) The NDC studies including the curriculum, general courses, research and development work

3) The annual budget proposals of the NDC

4) The investment plans of the NDC.

B) THE NDC COUNCIL

The NDC Council will be responsible for providing curriculum policy guidance to all courses available at the NDC, in particular:

1) The National Defence Course syllabus and its implementation.

2) Other studies including the general courses, research and development work.

3) The NDC Final Project Paper, the optional Msc (International Studies) dissertation and research proposals.

FINANCE

12. Madam President, the National Defence College will be expected to run an independent budget allocated to it by the National Treasury through a separate sub - vote under the Vote for the Ministry of Defence (MOD). The Commandant NDC shall be the sub - accounting officer for the NDC Budget whose major drivers shall comprise:

a) Purchase of capital equipment and stores

b) Allowances (travel, accommodation, tuition fees and allowances for guest speakers).

c) Establishment of library facilities.

d) Maintenance works and services such as telecommunications.

e) Utilities such as water, electricity.

f) Physical infrastructure construction

13. The operationalisation of the NDC is premised on the injection of an independent budget.

ACCREDITATION

14. Madam President, the NDC will be initially affiliated to the University of Zimbabwe (UZ) through the Political and Administrative Studies (POLAD) Department for the optional Msc (International Studies) programme, at least in the initial phase of the launch of the College and its intended programmes. The accreditation of the NDC to the University of Zimbabwe through the affiliate status will lay a solid foundation for the subsequent development of the institution to a full fledged National Defence and Security University (NDSU), tentatively by 2016 as enunciated by the President, Head of State and Government, and Commander-in-Chief of the Zimbabwe Defence Forces.

INTERIM FUNDING

15. Madam President, it is my singular honour to submit that to establish this critical national institution as soon as possible, the Government of Zimbabwe, through the Ministry of Finance, secured a loan amounting to US$98 000 000.00 (United States Ninety Eight Million Dollars) from the People's Republic of China.

CONCLUSION

16. It is now my humble submission Madam President, to propose the adoption of the loan for the NDC by this august House. As honourable senators have already realized, it is indisputable that the National Defence College is an ideal platform to address complex issues and challenges presented by the global security environment dominated by real politik. By definition therefore, the NDC is intended to be the highest specialised professional military and civilian learning institution to provide high quality education and training on national and international policy, defence and security issues in Zimbabwe.

More specifically, the theme dominating the preoccupation of the National Defence College is the issue of national security amply defined as "defence against challenges to a nation's vital interests." Already, the construction is almost 50% at the hospitality of the contractor who started using his own finances. I thank you.

*SENATOR CHIMBUDZI: Question not recorded due to technical fault.

SENATOR NCUBE: The Minister said those who would want to attend or to apply to the college should go by invite. How do they know how to be invited?

THE MINISTER OF DEFENCE: Part of speech not recorded due to technical fault.

Senator Ncube, that will be the last and third category only, it is until the Defence College has opened its doors not only to the military establishment but both Zimbabwe and SADC. We have students in Kenya undertaking similar studies but we will be the first in SADC to offer the course at university level by 2016. The second selection will come from the Public Service Commission, those who come by invitation. The last category is from the private sector - the civil society, if people apply from the civil society wanting to study Defence and International Studies at the college.

*SENATOR HUNGWE: Speech not recorded due to technical fault.

*SENATOR CHITAKA: I heard you speaking of senior officers. Are you confining the places to the senior ranks only?

*SENATOR DETE: I feel very honoured and proud to have such a college in my constituency in Mazowe. We have farms and security guards looking after those farms, so we would also look forward to some of them being recruited into the college. We feel that as a district, we should benefit from the college just like we have children in colleges such as Bindura University.

THE MINISTER OF DEFENCE: The first clarification being sought by Senator Hungwe on whether we are limiting people to only those in the SADC, no, I have mentioned that currently we have students in Kenya and other institutions in other countries such as Pakistan, Malaysia, China and even Britain and America, though they were not allocated further places because of sanctions. The policy is that for the courses we have in Zimbabwe, there is a quota agreed by SADC for the different countries because they cannot build another university similar to that one. That is why we have specific ranks going to that college. If I gave the impression that its jurisdiction will be limited to SADC alone, it is true but we will give room to other countries out of SADC seeking to have their people come to this college to make applications.

Senator Chitaka's answer is no, the least rank taken by this college is a colonel. You should understand that the army is composed mostly of soldiers of many ranks. Those who come are officers who have finished A level or first degree and they will spend one and half years at the Zimbabwe military academy. When they come out, they are just lieutenants and they go into the field. After two years, they get selected to go to the junior staff college which is at KG6. When they come out of that, they are promoted to the rank of captain if they do well. They go back into the field and then come back to the senior staff college which lasts another eighteen months. If they do well, they are promoted to the rank of major and then colonel. From that level we were getting a quota from the University of Zimbabwe for first degrees and for those who want to further their studies, they become colonel and that is the level where they can then go to the university in Mazowe. They will come out with a Masters Degree in International Strategic Studies which is a highly cherished qualification in the world.

The third question from Senator Dete, I am sure your God and my God would also wish to see things go your way. I have heard your concerns and you fully represented Mazowe. Unfortunately you heard what it takes to get to that college but I am sure those in a position to assist will do so.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Madam President, I believe that it is going to take some time to introduce the Bill on the General Laws Amendment Bill which is going to take into account the corrections or amendments which were made in the Lower House. That being the case, may I, with the leave of the House, move that Orders of the Day, Numbers 1 to 5, be stood over until Order of the Day, Number 6 has been disposed of.

Motion put and agreed to.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

Sixth Order read: Adjourned debate on motion in reply to the Presidential Speech.

Question again proposed.

SENATOR S.K. MOYO: Madam President, honourable senators, I am humbled to be a member of this august House and I feel privilleged to say a few remarks in relation to the recent President's address to Parliament. His Excellency's address was wide and far reaching, encompassing virtually all areas of human endeavour, that is, political, economic and social spheres. I will therefore be more general in my approach. Madam President, I feel compelled to state that the spirit of unity, peace and development which is my party's motto, should always prevail across this our motherland. We are a free people, an independent and sovereign nation, whose birth came after a protracted liberation struggle in which thousands perished, many maimed, homes destroyed, property looted and many more traumatised. We dare not therefore betray the liberators, dead or living. Zimbabwe is free forever.

In recognition of the vanguard role which Parliament plays, together with other arms of state; namely the Executive and the Judiciary, in managing our national affairs, my contribution in this august House Madam President, will be anchored on nation building as clearly enunciated in the President's address. Whilst the political configuration of our legislature is an inescapable reality in executing our duties, I will endeavour to transcend myopic trivia. My personal political beliefs are patently known to many honourable senators here present. However, I will strive as is expected from each one of us, to subsume personally and partisan interest into the broader national interest matrix. The discerning people of Zimbabwe deserve no

more, no less.

It is expected Madam President, for us to serve the nation in its entirety across the broad political spectrum. Posterity will judge us harshly if we behaved in a contrary manner. Undoubtedly, our people would feel shortchanged for they know Zimbabwe is not for sale. Parliament is indeed a forum for public debate. While it offers a forum for vibrant debate and non-abusive exchanges, honourable senators emanating from diverse socio-political backgrounds are key to the fashioning of a conducive environment for civilised discourse.

This is an Upper House and people who are up must always lead by example. This august House must adequately address the aspirations of our people and remain a bedrock player in the promotion and fostering of a positive and salutary image of Zimbabwe and its people, both at the domestic and at international fora. We only have ONE ZIMBABWE, OUR ZIMBABWE, free and sovereign.

We must therefore remain focused on challenges facing our country, always cognisant of the fact that as we were our own political liberators, so shall we be our own economic liberators. We must at all times abhor outside interference in our internal affairs.

As the Global Political Agreement (GPA) which gave birth to the Inclusive Government winds up, we must as its provisions require conclude:

(a) The Constitution making process without further delay. Concurrently, the illegal economic sanctions imposed on Zimbabwe by the West must go as demanded by all civilised conduct.

(b) Hold the much anticipated harmonised elections.

(c) Intensify the national economic empowerment programmes, we are vigorously pursuing through indigenization. The support we continue to receive from SADC and its facilitator on Zimbabwe , President Jacob Zuma, the African Union (AU), the Non- Aligned Movement (NAM) and other progressive countries the world over, is most refreshing and laudable. An African solution to an African challenge is the only way forward.

There is a common saying that the devil is always in the detail but that saying often overlooks the fact that the angels are always in the principle. As hon. Senators let us forever remain principled. Together, marching in UNITY and PEACE we can prosper this great nation. I thank you.

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Wednesday, 11th May 2011.

SECOND READING

GENERAL LAWS AMENDMENT BILL [H.B.8, 2010]

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Thank you Mr. President. I want to thank hon. senators for allowing me to introduce this Bill today instead of tomorrow. Mr. President, the Bill seeks to make relatively minor amendments to a total of 15 Acts of Parliament, to correct errors that have been noted in the existing legislation since the enactment of the General Laws Amendment Act, 2005 (Act No. 6 of 2005). It also seeks to make minor amendments that may not warrant the introduction of a separate Bill for each enactment. The nature of the amendments is basically to correct errors, address administrative issues and to bring consistencies in statutes affected by other amendments. The Bill seeks to amend the following Acts:

3. The Administrative Court Act (Chapter 7:01)

Clause 2 of the Bill amends the Administrative Court Act so as to provide for the taking of an oath of loyalty, and the judicial oath, by a person who is appointed as a Senior President and President of the Administrative Court serves in a judicial position. A judge exercises his or her function in accordance with the oath of office. The Constitution of Zimbabwe prescribes the oath of office for judges appointed to the Supreme Court and the High Court. Currently, the law does not require persons appointed as presidents to the Administrative Court to subscribe to the oath of office.

4. The Judicial Services Act (Chapter 7:18)

The Judicial Services Act came into force on the 18th June 2010. It has however since been found that the Act is inadequate with respect to certain transitional issues that need to be addressed in connection with the separation of the Judicial Service from the Public Service. Accordingly, clause 3 of the Bill amends Section 10 ("Appointments and Functions of Secretary of the Commission") (3) by the deletion of "Audit and Exchequer Act [Chapter 22:03] and the substitution of Public Finance Management Act [Chapter 22:19] (No. 11 of 2009).

The Bill also provides for amendments with regards to the transfer of State assets and liabilities to the Commission and the continuity of Public Service regulations, notices and circulars governing the conditions of service of the members.

3. The Criminal Procedure and Evidence Act (Chapter 9:07)

Mr. President, Clause 4 of the Criminal Procedure and Evidence Act, by the repeal of Sections 370 and 372 of that Act. The repealed section 370 requires security from the injured party where compensation is being awarded, in case the award, or order is reversed on appeal or review. The new section 370, abolishes the payment of security by the injured party, for the repayment of compensation awarded, or the return of property where the court makes an award against an accused person.

Section 372 of the Act does not provide for a period in which an award or order is to be lodged, for purposes of enforcement. The new Section 372 stipulates that a copy of an award, or order, shall be lodged with the clerk or registrar of the court not later than 30 days after the award or order is made by the court, unless the accused has earlier complied with the award or order, or good cause is shown as to why an extension of this period is required. In addition, the new section spells out the time in which the appeal against an award or order is to be made.

The amendments to the Criminal Procedure and Evidence Act includes, in this clause, the repeal of paragraph 7 of Part 1 of the Third Schedule to that Act, and substitutes it with a new paragraph which provides for certain offenses to be non-bailable. These are, the unlawful killing and hunting of rhinoceros and trading in ivory or trophy of rhinoceros or any other specially protected animals.

4 The Ombudsman's Act. (Chapter 10:18)

Mr. President, Clause 5 of the Bill amends the Ombudsman's Act so that it is in compliance with sections 107 and 108 of the Constitution, which provides for the appointment of a "Public Protector" and a "Deputy Public Protector", respectively. The Act is accordingly amended by the deletion of "Ombudsman" and "Deputy Ombudsman" wherever these occur in the text of the Act, and the substitution of "Public Protector" and "Deputy Public Protector", respectively. The Act is further amended to provide for the Public Protector and Deputy Public Protector to be appointed by the President after consultation with the Judicial Service Commission and "the Committee on Standing Rules and Orders."

5. Police Act (Chapter 11:10)

Clause 6 amends the Police Act so that the Act is in line with the Constitution which provides for a Commissioner-General, instead of a Commissioner.

6. The Civil Aviation Act (Chapter 13:16)

Clause 7 of the Bill amends the Civil Aviation Act so that "civil penalties" are imposed as additional or alternative to criminal penalties. This is in line with internationally recognised best practice in civil aviation administration. Not all breaches of aviation law require recourse to criminal courts; some breaches not involving an immediate threat to air safety, can be more appropriately dealt with by means of administrative and civil sanctions.

7. The Indigenisation Act (Chapter 14:33)

This Act, Mr. President, provides for assessment rating on foreign companies for purposes of indigenisation and empowerment. Clause 8 of the Bill provides for a minor amendment to the Act so that the indigenisation and empowerment assessment rating is done for every business entity in Zimbabwe, and not only for companies.

8. The Health Services Act (Chapter 15:16)

Clause 9 of the Bill amends section 19 of the Health Services Act. This section provides for the establishment and composition of the hospital management boards. The amendment requires that chairpersons of the management boards should be persons, other than the superintendents or chief executive officers of a hospital. It also requires that the chairpersons be appointed by the responsible minister for their professional or managerial skills.

9. Parks and Wildlife Act (Chapter 20:14)

Mr. President, the rhinoceros has been of special concern to Government. There has been an unprecedented resurgence of illegal hunting and the slaughter of these vulnerable animals by poachers. Clause 10 of the Bill repeals section 128 of the Parks and Wild Life Act, and substitutes it with a new section 128 (1) (a). The new section makes provision for special penalties for certain offences. The special penalties relate to the unlawful killing of, or hunting of rhinoceros or any other specially protected animal, that may be specified by the minister by statutory instrument. The new section also provides for special penalties for the unlawful possession of, or trading in ivory, or any trophy of rhinoceros, or any specified animal. The amendment provides for mandatory sentences for both poaching and trading in ivory or any specified animal in a bid to curb poaching and trading in these trophies, with no portion of the sentences suspended.

10. The Environmental Management Act (Chapter 20:27)

Clause 11 of the Bill introduces a minor amendment to the Environmental Management Act so that imposed penalties are charged in United States dollars, in other words taking into account the introduction of the multi currency regime that is obtaining in the country.

11. The Reserve Bank of Zimbabwe Act (Chapter 22:15)

The Bill also seeks to amend the Reserve Bank of Zimbabwe Act (Chapter 22:15). Clause 13 of the Bill amends the Reserve Bank of Zimbabwe Act so that the State Liabilities Act (Chapter 22:13) apply with necessary changes to legal proceedings against the Bank.

12. Printed Publications Act (Chapter 25:14)

The Bill also is amending the Printed Publications Act (Chapter 25:14)

Clause 14 of the Bill makes a minor amendment to Section 5 of this Act, by substituting the word "Public Library, Bulawayo", for "Historical Reference Collection in Bulawayo".

13. The Labour Act (Chapter 28:01)

The minor amendment is proposed to the Labour Act by Clause 16. The amendment provides for the taking of the oath of loyalty and the judicial oath by any person who is appointed Senior President and President of the Labour Court. Currently, the law does not require presidents appointed to the Labour Court to subscribe to an oath of office.

Lastly, the Bill seeks to amend the Banking Act (Chapter 24:20). Clause 16 of the Bill amends the Banking Act (Chapter 24:20) by the insertion of definitions of terms including, "insider and minimum capital" which terms had not been defined before.

Mr. President, I commend the Bill to the Senate and I now move that the General Laws Amendment Bill, H.B. 8, 2010 be now read for a second time.

SENATOR HUNGWE: I just want to make one comment with regards to the Ombudsman now called the Public Protector. My question is, is this office functioning and in what manner does the minister understand that it is functioning because we are just hearing about it in the newspapers but to us it is not there.

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS (SENATOR CHINAMASA): I thank Hon Hungwe for his question. The office is functional, it may not be seen in eye to the public but it is functional, the reason why it is not always in the public eye is that the persons to make complaints today are civil service because civil service do suffer injustice because of implementation of administrative decisions, which by the way, are lawful and the law provides that any civil service that feel the sense of injustice because of administrative decisions, lawfully taken, which cannot be questioned in a court of law, can appeal to the Ombudsman so that he can satisfy himself whether an injustice has been done, notwithstanding that the administrative decision was lawfully taken. So generally, the work of the Ombudsman is between the civil servant who has suffered the injustice who then complaints to the Ombudsman or the Public Protector's office. The Public Protector then takes up the matter with the relevant department and then there is a lot of correspondence that goes on between that department orministry and the Ombudsman and sometimes they reach the same conclusion that an injustice has been done and needs correction and then the department is recommended to rectify that mistake and if the department does not comply, the Ombudsman can appeal to the President so that the administrative function which has caused an injustice can be rectified so that justice is seen to be done.

It is for that reason that the work of this office, its functions are not always in the public eye and there is also another reason of lack of resources. The office is quite behind in the publication of its reports, they are supposed to be publishing annual reports of the complaints which have been made and the decisions that the office has taken and those which have been complied with and those not complied with after a recommendation from the Public Protector, but because of resource constraints, they have not been able to do it for quite some years now and I am told that the situation may now be corrected soon. I thank you.

SENATOR CHIEF NGUNGUBANE: Thank you Mr. President my question is directed to the Minister of Justice. I would like to make a comment in the judicial services. We appreciate that the ministry has removed the Judicial Service Commission from the Public Service Commission with the view that we have a better service, it is hoped that we will address the issues of no payment which resulted in corruption. My question is what role do traditional leaders have in terms of executing judicial services in their areas?

*SENATOR CHIEF CHISUNGA: My comment is that the amendment to the Parks and Wildlife Act was not clear. I would appreciate it if it was more precise such as so many years in prison. I come from a wildlife infested area and poachers are destroying our natural resource, so sentence should be life imprisonment.

SENATOR CHINAMASA: Thank you very much I want to thank Senator Chisunga and Senator Ngungubane, the role of Chiefs as you are aware in the judiciary system, is for example, in the judicial hierarchy, specifically dealing with customary law issues, I suspect your question is to ask to what extend Chiefs' courts or Primary courts will relate to the Judicial Service Commission. That is a matter which is still under very active consideration, as you are aware, chiefs are a very complex institution, are a multi-faceted functioning institution, you preside over judicial matters but that is not your singular duty, you also have roles to preside over other issues which have nothing to do with presiding over cases and also the allowances that is paid to you is paid through the Ministry of Local Government, Urban and Rural Development. Now my concern is with those functions of your aspect that have to do with judicial, trying cases, I am anxious and I think that I already had meetings and discussions with the Chief Justice and the Judicial Service Commission. I am anxious as far as your judiciary role is concerned there should be judicial corresponding training on the management of those cases which come under you and we are trying to arrange for the necessary funding for that training to take place but I do not want to make any promises but my ambition is that we get to a situation where we have a regular colloquium or conferences of chiefs to update them with advancements and developments in the law and also with skills necessary for them to be able to dispense justice in the courts over which they preside. That can not be done overnight but that is my ambition.

You must know of course that nationally, we have something like 203 magistrate courts and nationally we have about 250 chief's courts and not to speak of head-men's courts which fall under the chiefs because each chief has got headmen who fall under him and each of those headmen will then preside over a court. So, the demand for resources is quite obvious but resources permitting, it is my ambition that we carry out colloquium so that the skills of judiciary officers, whether they are magistrates, chiefs or headmen are always updated and the necessary training is done. That basically represents my ambition but I can not say when it can be done.

*Senator Chief Chisungo, I thank you for your contribution on the issue of poaching of hippos and elephants and on the issue of sentence. Before, it was a fine and one year in prison. The penalty we request is that there be ten years and above. What we have not done is to tell the judiciary to say life sentence. They will use their discretion based on the magnitude of the crime. Let us do this and see if it will help in protection of our hippos and elephants. I thank you for your contribution that has highlighted the need to protect our natural resources.

*SENATOR MAKUYANA: We got this Bill though we were not given adequate time to go through it, however, there is a situation whereby one is given bail, then Section 121 finds a person goes back, what really happens?

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Thank you Hon. Senator Makuyana. Let me first explain what happens in the courts. The judge is a referee. In committing crime, we are saying there is the prosecutor based on what they have from police and evidence available. Sometime the accused can prove not guilty.

The law allows that once the referee makes the decision based on the evidence with prosecutor or accused, if the accused is not convinced, he has the right to appeal to High Court or Supreme Court. The law allows the prosecutor to appeal as well in the event the accused is let loose. Section 121 gives the right to the AG to see if the crime is of deeper magnitude and sees that the court has not ruled well. The section gives the Attorney-General the right to appeal. He is given seven days to make the appeal at the Supreme Court. Section 121 is needed because we should not esteem criminals because we all do not want crime. It is not good that one is caught because of armed robbery then the accused are given bail. The Attorney-General is there to make sure there is law and order so he can request bail not to be granted.

As members of the Senate, we should support the Prosecutors at the expense of the accused. We should not esteem the criminals because we are then making the work of the police and the Attorney-General's Office difficult. My plea is that you support the good ministry that deals with criminal issues to give the Attorney-General time to appeal to the Supreme Court.I now move that the Bill be read a second time.

Motion put and agreed to.

Bill read a second time.

Committee Stage: With leave; forthwith.

COMMITTEE STAGE

GENERAL LAWS AMENDMENT BILL [H.B.8, 2010]

House in Committee.

Clauses 1 to 3 put and agreed to.

On Clause 4:

THE MINISTER OF JUSTICE & LEGAL AFFAIRS (SENATOR CHINAMASA): I think the narration of that amendment should be, amendment of Chapter 2:07 not of Section 372 because there are two amendments to 370 and 372. So, the correction should read, the amendment of Chapter 9:07 and we delete 'of Section 372'.

Amendment to clause 4 put and agreed to.

Clause 4, as amended, put and agreed to.

Clauses 5 to 19 put and agreed to.

First and Second Schedules put and agreed to.

House resumed.

Bill reported without amendments.

Third Reading: With leave; forthwith.

THIRD READING

GENERAL LAWS AMENDMENT BILL [H.B. 8, 2010]

THE MINISTER OF JUSTICE AND LEGAL AFFAIRS: Madam President, I move that the Bill be now read the third time.

Motion put and agreed to.

Bill read the third time.

On the motion of THE MINISTER OF JUSTICE AND LEGAL AFFAIRS, the Senate adjourned at Twenty Six Minutes past Four O'clock pm until Tuesday, 5th July, 2011.

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Senate Hansard Vol. 20 SENATE HANSARD - 10 MAY 2011 VOL. 20 NO. 22