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SENATE HANSARD 11 SEPTEMBER 2018 VOL 28 NO 02

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PARLIAMENT OF ZIMBABWE

Tuesday, 11th September, 2018

(OFFICIAL REPORT)

 NEW SENATORS SWORN

          THE CLERK OF PARLIAMENT:  In terms of Section 128 of the Constitution of Zimbabwe, before a Member of the Senate takes his/her seat in the Senate, the Member must take the Oath of a Member of Senate before the Clerk of Parliament.  We have checked the signed Oath Book and it indicates some members have not taken the oath of a Member of Parliament as required by Section 128 of the Constitution of Zimbabwe and Standing Order No. 2 of the Senate.

Now therefore, I Kennedy Mugove Chokuda, Clerk of Parliament of the Republic of Zimbabwe, by virtue of the powers vested in me in terms of Section 128 (2) of the Constitution of Zimbabwe, do hereby administer the Oath of a Member of Parliament. I therefore, call upon the following Hon. Members; Hon. Sen. Sibusiso Moyo, Hon. Sen. Lovemore Matuke and Hon. Sen. Theresa Makone  to subscribe to the Oath of Loyalty.

Hon. Sen. Sibusiso Moyo, Hon. Sen. Lovemore Matuke and Hon. Sen. Theresa Makone  subscribed to the Oath of Loyalty as required by the Law and took their seats – [HON. MEMBERS: Hear, hear.] –

ELECTION OF PRESIDENT OF SENATE

          THE CLERK OF PARLIAMENT: Section 122 of the Constitution of Zimbabwe and Standing Order Number 3 requires that when the Senate first meets after a general election and before it proceeds to the dispatch of any other business, it shall elect a Presiding Officer not being a Vice President, Minister or Deputy Minister to be known as the President of the Senate.  The President of the Senate shall be elected in accordance with Standing Orders from among persons who are, or have been Members of the Senate or are qualified for election as members of the Senate.  I therefore call for nominations of candidates for the position of President of the Senate.

                HON. SEN. MOHADI:  I hereby stand in my own name as Senator Mohadi to nominate a great woman, a war veteran and a Parliamentarian who has been in Parliament for more than three terms now.  She is a hard working and very sober woman, a woman of integrity who is none other than Mabel Chinomona.  I thank you.

          HON. SEN.  MADZIVA CHIRONGOMA:  I, Joseph Madziva Chirongoma, do hereby second the nomination of Mabel Chinomona as stated by the nominator.  I thank you.

          HON. SEN. SHOKO:  I want to nominate a gentleman who is married and has four kids.  He joined the MDC in 1999.  He became provincial chairman for Matabeleland North; he also became a Deputy National Organiser, organising secretary and he was deputy national chairman and is now the vice president of the MDC. He is a holder of a Masters of Business Administration, a holder of a Masters in Science, Peace, Leadership and Conflict Resolution.  The man that I am talking about is Morgen Komichi. I therefore nominate him as President of the Senate.

          HON. SEN. B. MPOFU:  I, Bekithemba Mpofu, do hereby second the nomination of Morgen Komichi as nominated by my colleague Hon. Sen. Shoko.

          THE CLERK OF PARLIAMENT: We have more than one nomination and in terms of Standing Order No 6, the election shall be conducted by secret ballot by the Clerk of Parliament under the supervision of the Zimbabwe Electoral Commission.  The rules for the conduct of the elections were produced in consultation with ZEC and have been circulated to Members of Parliament through their pigeon holes.  I urge Members to familiarise themselves with the rules. 

Voting will take place in the Senate Lobby just behind.  Printing will take place in the presence of the candidates’ designated agents.  Once printing of ballots has been completed, bells will be rung for seven minutes to summon members to the chambers to prepare for voting.  Voting will be conducted for one and half hours or until every member in the chamber or on the line has voted.  Members will enter the polling station in batches of three where they will be issued with a ballot paper after their identification has been confirmed. Only members with national identity cards, passports, driver’s licence and Parliament identity card will be allowed to vote. 

Members shall then proceed to cast their vote in the ballot box and whilst in the booth, Members shall fold their ballot papers in such a way that their vote is not exposed.  May I repeat that, Members shall fold their ballot papers in such a way that their vote is not exposed.  Members shall proceed to deposit their ballot papers in the ballot box and proceed to leave the polling station.  Any Member who exposes how they have voted will have their vote disqualified and the ballot paper will not be deposited in the ballot box. 

When voting has been completed; tallying, verification and counting of ballot papers shall be done in the presence of the election agents.  On completion of counting, I shall proceed to the Senate Chamber accompanied by the election agents.  Members will be invited to the Senate Chamber for the announcement of the results.  To avoid disqualification of their vote, Members are urged to strictly observe the rules which have been circulated and have been announced. 

Members are reminded that they can only vote for one candidate of their choice by marking with an X against the name of that candidate.  Where the Member puts an X against more than one name, such ballot paper shall be regarded as spoilt.  The candidate who receives the highest number of votes will be duly declared elected President of the Senate. I, therefore, invite candidates and their agents to the printing of ballots.  Commencement of voting will be announced once printing has been completed.  The other Hon. Members can remain seated here while we print the ballots.  Once we are done, we will then invite you to start the process.  I thank you.

          THE DEPUTY CLERK (MS H. B. DINGANI):  The Security Department is currently also underway taking your biometric entry points with your fingers.  So during the voting process, you can always go to the National Assembly Lobby – that is where their machinery is and have your biometric data taken to enable you to access the chamber and those that are back benchers, to also allow us to calculate your allowances as that information will also be connected to the Accounts Department.

THE CLERK OF PARLIAMENT:  Good afternoon Hon. Senators.  Of the 90 ballot papers that were printed, 74 are valid votes, zero spoiled and zero rejected.  The result of the election is that Hon. Chinomona received 52 votes and Hon. Sen. Komichi received 22 votes.  I therefore declare Hon. Chinomona, duly elected to the office of the President of the Senate.  Swearing in of the President of the Senate shall be done once election of the Deputy President of the Senate has been completed – [HON. SENATORS:  Hear, hear.] –

ELECTION OF THE DEPUTY PRESIDENT OF THE SENATE

THE CLERK OF PARLIAMENT: Section 123 (1) of the Constitution, requires that when Parliament first meets after a general election and as soon as practicable after the election of the President of the Senate, it shall elect the Member of the Senate not being a Vice President, Minister or Deputy Minister to be the Deputy President of the Senate and Chairperson of Committees.  I, therefore, call for nominations of candidates for the position of Deputy President of the Senate.

          HON. SEN. S. NCUBE:  Thank you Clerk of Parliament. I Siphiwe Ncube, nominate Hon. Sen. Timveos for the position of the Deputy President of the Senate.

          Hon. Sen. Timveos is our Chief Whip in the Senate.  She has been the Chairperson of HIV and AIDS in the Eighth Parliament of Zimbabwe.  She has been the provincial Chairperson of Midlands Province.  She is married with four children.  I thank you. [HON. SENATORS: Hear, hear.].

          HON. SEN. FEMAI:  I, Sen. Morgen Femai, do hereby second the nomination of Hon. Sen. Timveos for the position of Deputy President of the Senate. [HON. SENATORS: Hear, hear.]

          THE CLERK OF PARLIAMENT:  Thank you Hon. Sen. Femai, are there any other nominations?

          HON. SEN. TONGOGARA: I, Angeline Kumbirai Tongogara, rise to nominate Hon. Sen. Retired General Michael Nyambuya as the Deputy President of the Senate. 

          Retired General Nyambuya was born 63 years ago in Manicaland.  He went to school in the province and later went to the University of Zimbabwe.  In 1975, he joined Zimbabwe National Liberation Army (ZANLA).  He was trained in Mozambique and later became an instructor at Chimoio.  He rose through the ranks to be a member of the ZANLA General Staff and operated in Tangwena sector until idependence in 1980. 

          He was trained and commissioned officer in Nigerian Army from 1980 to 1981.  Thereafter, he joined the Zimbabwe National Army in 1981 and rose through the ranks to become a three star General.  He attended numerous courses during his tour of duty including a Diploma in Command and Staff course at Canterbury in England.  During his time in the Defence Forces, he carried out many international assignments.  From 1991 to 1993, he was seconded to the United Nations in Angola as Deputy Force Commander.  From 1994 to 1995, he again served the United Nations in Somalia as the Deputy Head of the Military Mission.

          From 1988 to 1999, he served as the Force Commander during the war in the Democratic Republic of Congo. Thereafter in 1999, he served as the Military Advisor to the then OAU Secretary General on the Ethiopia-Eritrea war. 

          He retired from the Army in 2003 and was appointed Provincial Governor and Resident Minister for Manicaland until 2005 when he became Minister of Energy and Power Development.  He was a member of the Eighth Parliament where he chaired the Senate Thematic Committee on Human Rights.  He is married with three children and three grandchildren. 

          I, therefore move that Hon. Michael Nyambuya be the Deputy President of the Senate.  I thank you.

          HON. SEN. MATHUTHU:  I, Sen. Temba Mathuthu, do hereby stand to second the nomination of Hon. Sen. Rtd. Gen. Michael Nyambuya.  I thank you. [HON. SENATORS: Hear, hear.].

          THE CLERK OF PARLIAMENT:  Thank you very much. We have more than one nomination in terms of Standing Order Number 6.  The election shall be conducted by secret ballot.  The procedures are the same as those of the President of the Senate and we shall proceed to print the ballot papers in the Senate Lobby, then voting will also be conducted in the Lobby as previously advised.

          May Hon. Senators remain here whilst we go to print the ballot papers then you will be called to start voting immediately.  Thank you.

HON. SEN. ENG. MUDZURI:  Clerk, I just want to put it on record that when you started the vote you had promised that you would ring the bell.  As a matter of procedure, the bells should have been rung.  If there was a discrepancy that it was a narrow vote, it was likely to change the voting pattern.  In future, we expect you to keep your word. I can hear the bell ringing but the bell never rang for people to come to the Senate and vote.  Maybe I was in the toilet when people came out but I did not hear that there was voting and I did not vote, which means I did not exercise my right.  I think there are two of us who did not exercise their rights.  So please keep your word and make sure we exercise our rights.

THE CLERK OF PARLIAMENT:  Thank you, we will proceed to print the ballots.

          Results of the Election of the President of the Senate     

Business was resumed at 1830 p.m.

THE CLERK OF PARLIAMENT:  Good evening Hon. Senators.  It has been a long day, sorry to take your time but that is part of democracy and those are processes that we have to go through.  I have to announce the results of the election.  Of the 90 ballot papers that were printed, 76 are valid votes, zero spoiled and zero rejected.  The result of the election count is that Hon. Sen. Rtd. Gen. Nyambuya received 51 votes and Hon. Sen. Timveos received 25 votes [HON. SENATORS: Hear, hear.].  I, therefore, declare Hon. Sen. Rtd. Gen. Nyambuya duly elected to the office of the Deputy President of the Senate [HON. SENATORS: Hear, hear.].

In terms of Sections 122 (5) and 123 (4), a person who has been elected as President of the Senate or Deputy President of the Senate is required, before he or she commences the duties of his/her office, to take and subscribe to an oath or affirmation of loyalty in the office and the oath or affirmation of office before the Chief Justice. 

At 1842 hours, Hon. Senators rose as Chief Justice Malaba entered the Senate.

CHIEF JUSTICE LUKE MALABA:  WHEREAS Section 122 (1)  of the Constitution of Zimbabwe provides that at its first sitting after a general election and before proceeding to any other business, the Senate must elect a presiding officer to be known as the President of the Senate and,

WHEREAS in terms of Section 122 (1) of the Constitution of Zimbabwe, the Senate elected you Chinomona Mabel Memory, as President of the Senate in compliance with Section 122 (4) and,

WHEREAS Section 122 (5) of the Constitution of Zimbabwe provides that before commencing his/her duties, the President of the Senate must take before the Chief Justice or the next most senior judge available, the oath of loyalty and office in the forms set out in the Third Schedule.

NOW THEREFORE, I Luke Malaba, Chief Justice of the Republic of Zimbabwe, do call upon you Chinomona Mabel Memory, to take the oaths of loyalty and office.

Hon. Mabel Memory Chinomona subscribed to the oaths of Loyalty and Office.

CHIEF JUSTICE LUKE MALABA:  WHEREAS Section 123 (4) of the Constitution provides that before commencing his or her duties, the Deputy Speaker must take before the Chief Justice or the next most senior Judge available, the oaths of loyalty and office in the forms set out in the Third Schedule;

          NOW THEREFORE, I Luke Malaba, Chief Justice of the Republic of Zimbabwe, do call upon you Nyambuya Michael Rueben to take the oaths of loyalty and office.

          Hon. Sen. Retired General Nyambuya subscribed to the oath of Loyalty and Office. - [HON. SENATORS: Hear, hear.]

          The Hon. President of the Senate accordingly assumed the Chair.

          THE HON. PRESIDENT OF THE SENATE (HON. CHINOMONA):

§  The Deputy President of the Senate, Hon. Rtd Brigadier General M. Nyambuya;

§  The President of the National Council of Chiefs, Hon. Chief F. Z. Charumbira;

§  The Deputy President of the National Council of Chiefs, Hon. Chief Mtshane-Khumalo;

§  Traditional leaders here present;

§  Honourable Members of Parliament;

§  The Clerk of Parliament, Mr. K. M. Chokuda and your staff;

§  Distinguished guests;

§  Ladies and Gentlemen;

It is with a profound sense of honour and humility that I stand before you today to officially accept the huge responsibility that you have graciously bestowed upon my small shoulders to serve as the President of the Senate in the Ninth Parliament. Let me begin by saying to all those who voted for me “a big thank you” and to all those who did not, “a big thank you again.” That is the beauty of democracy. It entitles us to divergent opinions and divergent choices and that fundamental freedom of expression must always be a right that we protect even with our lives if need be. In the words of the American patriot Patrick Henry it is either you “give me liberty or give me death.” This election, therefore, confirms the emergence of our budding democracy in the new dispensation and reaffirms our commitment to upholding and defending fundamental human rights and freedoms as enshrined in our Constitution.

Hon. Members, Ladies and Gentlemen,

Let me also take this opportunity to applaud you for choosing to maintain a noble tradition by electing a woman to serve as President of the Senate. Section 119 (1) of the Constitution of Zimbabwe obliges us as elected representatives to ‘protect the Constitution and promote democratic governance in Zimbabwe.” One of the founding values and principles on which our great Constitution is based is gender equality. As the vanguards of the Constitution, we must be exemplary in our observance of the supreme law and must thus take the lead in promoting gender equality and equity. My election as President of the Senate, therefore, coupled with the election of Hon. Gezi as Deputy Speaker of the National Assembly, bears testimony to the endeavour by Parliament to observe the principle of gender equality, both in principle and in practice.

Additionally, there can be no democratic governance without the empowerment of women. In electing women among the Presiding Officers of this august institution, we have ably demonstrated our commitment to the emancipation of an important group that has been the unfortunate victims of tradition and patriarchal hegemony.

Hon. Members, Ladies and Gentlemen,

The election has come and gone and the business of the Senate in the Ninth Parliament commences now. The Senate has built a proud record for itself as a meticulous House of review and this is a record which we must all strive to maintain. Examples abound where legislation has been passed by the National Assembly and the Senate, in its wizened maturity, has identified and corrected some of the mistakes that the National Assembly in its youthful zest might have overlooked. We thus provide critical checks and balances in the legislative review matrix. This behoves us, therefore, to maintain the alertness and sharpness that the Senate has ably demonstrated in reviewing legislation in order to guarantee the effectiveness of the Ninth Parliament in fulfilling its sacred Constitutional mandate of ‘making laws for the peace, order and good governance of Zimbabwe.” Let us not be put down by the ignorant and narrow-minded among us who have often used disparaging terms to refer to this important House of review. Let us be proud of the contribution we make to the work of the Legislature, nomatter how small some may think it is. Let us draw inspiration from the words of Martin Luther King who said:

If a man is called to be a street sweeper, he should sweep streets even as Michaelangelo painted, or Beethoven composed music, or Shakespeare wrote poetry. He should sweep streets so well that all the hosts of heaven and earth will pause to say, “Here lived a great street sweeper who did his job well.

Whatever our mandate calls on us to do, we should try to do it well. Whatever we devote ourselves to do in the execution of our representative, legislative and oversight role, we should devote ourselves completely. In great aims and in small, we should always be thorough, in earnest and should always stand for the interests of the people of Zimbabwe. While we respect and acknowledge our different political ideologies and embrace our diversity, these should never stand in the way of the common ideals, hopes and aspirations of the people of Zimbabwe. In that, we should always be united.

As your chosen leader, let me assure you, Hon. Members, of my undertaking today to respect the wise counsel by His Excellency, President Emmerson Dambudzo Mnangagwa in his inauguration address that, “all public officers must exercise servant leadership in the execution of their duties and to be humble and responsive in their interactions and dealings with the citizenry.” I commit today to be an empathetic servant leader to all of you regardless of political affiliation and appeal for your assistance and wise counsel in moving the business of the Senate forward. As the prominent Methodist Minister, Edward Luccock, rightly observed, “No one can whistle a symphony. It takes a whole orchestra to play it.With teamwork and collaboration we can successfully steer the Senate to fulfil its constitutional mandate.

I sincerely thank you and look forward to a productive five years with your co-operation.

In terms of Standing Order No. 11, I have to present myself and Hon. Sen. Nyambuya to His Excellency the President and shall inform him that the choice of this House has fallen upon me to be your President of the Senate and upon Hon. Sen. Nyambuya to be the Deputy President of the Senate as well as the Chairperson of Committees.  In presenting myself to the President, I shall, in your name and approval, lay claim to the undoubted rights and privileges of Parliament by law and custom established which are to be enjoyed by the Parliament of Zimbabwe pursuant to the requirements of the Constitution and the law.

          I invite my proposer and seconder to accompany me together with as many Hon. Members as may desire to do so.  The ceremony will take place at the State House at a date to be announced later.

          On the motion of THE MINISTER OF TOURISM AND HOSPITALITY INDUSTRY (HON. MUPFUMIRA), the Senate adjourned at 7.00 p.m. until Tuesday, 18th September, 2018.

 

 

 

 

 

Senate Hansard SENATE HANSARD 11 SEPTEMBER 2018 VOL 28 NO 02