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SENATE HANSARD 17 NOVEMBER 2015 VOL 25 NO 14

ADVANCE COPY- UNCORRECTED

No. 20

 

 

PARLIAMENT

                            OF                           

 

ZIMBABWE

_________________

                          

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

THIRD SESSION – EIGHTH PARLIAMENT

 

_________________

 

TUESDAY, 17TH NOVEMBER 2015

_________________

 

Quarter past two o’clock pm.

The Speaker in the Chair.

 

Prayers

 

 

Members Present

 

Beremauro G;

Bhebhe A;

Bunjira R

Chakona P

Chamisa N

Chapfika D

Chasi F

Chibagu G

Chibaya A

Chidavaenzi E

Chidhakwa S

Chigudu M

Chigumba C C.

Chikuni E

Chimanikire G

Chimedza P Dr

Chimwamurombe A

Chinomona M M

Chinotimba J

Chipanga K

Chitura L

Chivamba K

Chiwetu J Z

Cross E G

Dhewa W

Dube S

Dube T.J

Dziva T M

Gandawa G

Gezi T

Goche N

Gonese I.T

Gumbo S

Gwanetsa K K

Guzha N.K.

Holder J

Hungwa G

Hungwe O.S.

Jaboon J

Kachepa N

Kadungure D A

Kagonye P

Kanhanga E W

Karoro D

Katsiru L.

Kereke M

Khupe T

Kwaramba G

Labode M R

Langa A

Machingura R

Mackenzie I

Madondo T

Mahoka S

Majome F J

Makoni R R

Mangami D

Mangwende S

Maondera W

Mapiki J

Maridadi J

Masamvu L

Mashakada T

Mashayamombe S

Masiya D

Masuku P

Matangira T R

Matienga M

Matuke L

Mavenyengwa R

Mawere M D V

Mawere M RN S

Mbwembwe E

Mguni O

Mguni N.

Mhere E

Mhona F T

Mnangagwa A.

Moyo F

Mpala M.

Mpariwa P

Mpofu M M

Mpofu R

Mpofu S

Muchenje M S

Mudambo T

Mudau M

Muderedzwa R

Mudzuri E

Mudyiwa M.

Mufunga A

Mugidho M.

Mukanduri S T

Munochinzwa M

Musabayana D.

Mukupe T.

Mukwangwariwa F G

Mupereri V.

Mupfumi I F

Murai E

Musanhi K S

Musundire A L

Mutematsaka C

Mutezo M

Mutomba W

Muzenda T M

Ncube D M

Ncube G M

Ncube O

Ncube S

Ndhlovu Alice

Ndlovu M S

Ndlovu N

Ndoro L F

Nduna D

Nguni S R

Nhambu B.

Nhema C F.D.;

Nkomo Mail

Nkomo Malachi

Nleya L

Nyanhongo M

Nyere C

Passade J

Pemhenayi B

Rudzirwayi J M

Runesu B

Rungani A

Ruvai E

Samkange J T

Sansole T W

Seremwe B.

Shongedza E

Shumba K D

Sibanda D P

Sibanda M

Sithole G K

Simbanegavi Y

Tarusenga U D

Thembani S Z

Tongofa M

Tsomondo C

Uta K.

Vutete M

Wadyajena J M

Watson N J

Zemura L

Zhou P

Ziyambi Z

Zvidzai S

Zwizwai M  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the House

 

Absent with leave

 

  1. Papers laid upon the Table

 

The Minister of Agriculture, Mechanisation and Irrigation Development

Agricultural Marketing Authority Annual Financial Statements for the year ended 31 December 2014 by [Chapter22: 19]

 

Tobacco Industry and Marketing Board Annual Reports and Accounts for the year ended 31str December 2014 by [Chapter22: 19].

 

  1. The Speaker informed Members of the Parliamentarians for Global Action (PGA) Zimbabwe Chapter, that they were invited to an annual meeting on Thursday, 19th November, 2015 at 1200 hours in the Government Caucus Room.

 

  1. Report from the Parliamentary Legal Committee, being an adverse report, on the following Bill-

Date received

 

Criminal Procedure and Evidence Amendment Bill (H.B.2A, 2015) .......................................................................................... 17th November, 2015

 

  1. Report from the Parliamentary Legal Committee, NOT being an adverse report on the following Bill-

Date received

 

General Laws Amendment Bill (H.B.3A, 2015) .......................................................................................... 17th November, 2015

 

  1. The Speaker recognized the presence, in the Speaker’s Gallery, of students and teachers from Hillside Junior School Bulawayo.

 

  1. The Speaker also informed the House of appointments to Committees as follows:-

 

Hon. D. Karoro was appointed to serve on the Portfolio Committees on Lands,  Agriculture and Irrigation Development and Transport and Infrastructure Development.

 

Hon. L.L. Katsiru was appointed to serve on the Portfolio Committees on Local Government, Public Works and National Housing and Justice, Legal and Parliamentary Affairs.

 

Hon. Z.H. Makari was appointed to serve on the Portfolio Committees on Information Communication Technology (ICT), Postal and Courier Services and Industry and Commerce.

 

Hon. Dr. Shumba was appointed as Chairperson of the Portfolio Committee on Mines and Energy.

 

  1. The Speaker further informed the House that he had received a petition from Women in Mining and had referred it to the Portfolio Committee on Mines and Energy.

 

  1. Rungani, seconded by Hon. Mukwangwariwa moved: That Orders of the Day Nos. 1 and 2 for today, stand over, until Order of the Day No. 14 has been disposed of.

 

Motion put and agreed to.

 

  1. Adjourned debate on motion in reply to the Presidential Speech. (Adjourned 27th October, 2015 Vice President and Minister of Justice, Legal and Parliamentary Affairs)

                                            

                                                                                [Time elapsed: 7 hours 27 minutes]

 

Question again proposed: That a respectful Address be presented to the President of Zimbabwe as follows:-

 

May it please you, your Excellency, the President:

 

            We, the Members of Parliament of Zimbabwe, desire to express our loyalty     to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Mutomba.

 

            On the motion of Hon. Rungani, seconded by Hon. Mpariwa: Debate adjourned until tomorrow.

 

  1. Adjourned debate on motion in reply to the State of the Nation Address by His Excellency, the President of Zimbabwe (Adjourned 27th October, 2015 Vice President and Minister of Justice, Legal and Parliamentary Affairs)

 

[Days elapsed: 8]

 

Question again proposed: That this House conveys its profound gratitude to His Excellency, the President Cde R. G Mugabe for addressing a joint sitting of Parliament on the State of Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency the President, informing him of the sentiments of the House. – Hon. Mhlanga N.J.

 

On the motion of Hon. Rungani, seconded by Hon. Mpariwa: Debate adjourned until tomorrow.

 

  1. Cross seconded by Hon. Maridadi moved:

 

That this House-

 

DISTURBED by the recent revelations disclosed by a forensic audit conducted into the affairs of the Premier Medical Aid Society;

 

ALARMED that many millions of subscribers’ funds have been used to pay senior staff massive salaries and other benefits;

 

WORRIED that this occurred at a time when the Society was failing to pay service providers and other creditors on time;

 

FURTHER WORRIED that the Society’s Members were unable inter alia to access medical services, get treatment and purchase drugs;

 

CONCERNED that among those affected were Civil Servants who already suffer from the inability of the State to pay reasonable salaries and other emoluments;

 

NOW THEREFORE,             this House calls upon the Executive to;

 

  1. Immediately set in motion processes for the prosecution of all those who benefitted from this scandal;
  2. Take remedial action to recover the funds that were paid to those individuals who were unjustly enriched;
  3. Investigate the role of the Board of the Society that was in charge of the affairs of the Society at the time of this abuse of funds and if found culpable, that prosecution be extended to former Board Members ; and
  4. Review present remuneration policies of the Society and bring them in line with current Government policy.

 

On the motion of Hon. Rungani, seconded by Hon. Mukwangwariwa: Debate adjourned until tomorrow.

 

  1. Rungani, seconded by Hon. Mukwangwariwa moved: That Order of the Day No. 6, stand over, until Order No. 7, has been disposed of.

 

Motion put and agreed to.

 

  1. Muderedzwa seconded by Hon. Chiwetu moved:

 

That the Adjourned debate on motion on the First Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Immigration Department at the Forbes Border Post (S.C 20, 2015), which was superseded by the end of the Second session of the eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152 (1).

 

Motion put and agreed to.

 

  1. On the motion of Hon. Rungani. seconded by Hon. Mukwangwariwa: The House adjourned at twenty minutes to five o’clock pm.

 

 

 

                                                                      ADVOCATE J. F. MUDENDA.  

Speaker.

___________________________________________________________________

 

WEDNESDAY, 18TH NOVEMBER, 2015

 

 

QUESTIONS FOR ORAL ANSWERS

 

  • QUESTIONS WITHOUT NOTICE

 

  • QUESTIONS WITH NOTICE

 

*1.       Hon. Saruwaka: To ask the Minister of Environment Water and Climate to state when the people of Mutasa specifically those from Mutasa, District Council Service Centre, Tsonzo Small Scale Farmers, Watsomba Business Centre, Schools and Communities along the Pungwe water pipe line are going to benefit from the pipeline.

 

[Deferred from 28th October 2015]

 

 

*2.       Hon. Mangami: To ask the Minister of Environment, Water and climate to explain the policy regarding the provision of dams for irrigation purpose in all the wards in the country.

[Deferred from 28th October 2015]

 

*3.       Hon. Maridadi: To ask the Minister of Finance and Economic Development how much money treasury has received ever since diamonds were discovered in Marange in terms of corporate tax and dividend.

[Transferred on 28th October 2015]

*4.       Hon. Maridadi: To ask the Minister of Youth, Indigenisation and Economic Empowerment if companies have finally complied with their obligations to Community Share Ownership Schemes.

[Transferred on 28th October 2015]

 

*5.       Hon. Nkomo Mail: To ask the Minister of Finance and Economic Development to inform the House when the Ministry will avail the funds for the completion of Lupane Provincial Hospital.

 

[Deferred from Wednesday 30th September 2015]

 

*6.       Hon. Chikuni: To ask the Minister of Finance and Economic Development when the Ministry will disburse the remaining 95% budget allocation to the ministry of Women Gender and Community Development to enable them to execute their mandate.

 

[Deferred from 30th September 2015]

 

*7.       Hon. Chirisa: To ask the Minister of Finance and Economic Development to explain how the Ministry intends to finance the US$ 300 982 000 total appropriation to the Ministry of Health and Child Care, in view of the fact that the Mid – term Fiscal Policy Review indicated that government has disbursed only US11.8 Million while cooperating partners have contributed US$ 140.5 Million.

[Deferred from 14th October 2015]

 

*8.       Hon. Misihairabwi – Mushonga: To ask the Vice President and Minister of National Healing, Peace and Reconciliation to explain the role of the ministry in relation to land conflicts in Local Communities.

[Deferred from 6th October 2015]

 

*9.       Hon. Chirisa: To ask the Minister of Health and Child Care to explain the measures put in place to ensure that the improvements that have been made in the health sector through the Health Transition Fund are sustained given that the fund’s life span is coming to an end.

[Deferred from 14th October 2015]

 

*10.     Hon Kaundikiza: To ask the Minister of Health and Child Care to state the Ministry’s plans to ensure that all Rural Clinics have incubators and electricity to prevent newly born babies from dying needlessly.

 

*11.     Hon Vutete: To ask the Minister of Health and Child Care to explain the plans in place to review the allowances of the Village Health Workers which are currently pegged at $14.00 per month and further state the measure the Ministry is putting in place to improve their working conditions.

 

 

*12.     Hon. Chirisa: To ask the Minister of Youth, Indigenisation and Economic Empowerment to appraise the House on the measures that the Ministry has put in place to ensure employment creation through the Youth Employment Creation Fund.

[Deferred from 14th October 2015]

 

*13.     Hon. Chibaya: To ask the Vice President and Minister of Justice, Legal and Parliamentary Affairs what action will be taken by government in the event that a Minister disobeys a ruling of the courts, as is the case with Gweru councilors who were ordered to go back to their offices, by the High Court and the Minister of Local Government, Public Works and National Housing has defied this.

 

[Deferred from 28th October 2015]

 

*14.     Hon. Nduna: To ask the Minister of Sport and Recreation to state the current position of Zimbabwe National Team in terms of its suspension from FIFA World Cup Competitions; and further state:

 

  • The composition of the Zimbabwe Football Association Board and whether the leadership issue has been resolved.
  • How many and how much coaches are owed by the Zimbabwe Football Association;
  • The steps that the Ministry has taken to pay the dues owed by the Zimbabwe Football Association to coaches’ institutions, workers and former workers.

[Deferred from 28th October 2015]

 

*15.     Hon. Mangami: To ask the Minister of Small and Medium Enterprises and Cooperative Development to state initiatives the Ministry has undertaken to make the local Small and Medium Enterprise owner relevant and competitive in line with rapid development in technology.

[Deferred from 28th October 2015]

 

*16.     Hon. Maridadi: To ask the Minister of Small and Medium Enterprises and Cooperative Development whether the Ministry has plans to formalise Siya So in Mbare and other informal business centres in order to facilitate the ease of collecting tax.

 

[Deferred from 28th October 2015]

 

*17.     Hon. Maridadi: To ask the Minister of Industry and commerce to inform the House

 

  • The current status of the ESSAR deal;
  • When was the ESSAR deal was signed;
  • Who negotiated and signed on behalf of Zimbabwe
  • How much money did ESSAR deposit to Treasury
  • Why after His Excellency launched the deal work did not commence.

 

*18.     Hon Kaundikiza: To ask the Minister of Transport and Infrastructural Development to state when of tarring of the Mrewa – Mandicheche Road will be completed in view of the fact that it serves people from Uzumba – Maramba – Pfungwe, Mudzi and Mutoko to access health services at Karanda Mission Hospital in M.T. Darwin.

 

*19.     Hon Saruwaka: To ask the Minister of Transport and Infrastructural Development to state when the following roads in Mutasa Central Constituency will be rehabilitated in view of the fact that bus companies have withdrawn their services owing to the bad state of the roads while commuter omnibus operators and private vehicles are charging exorbitant prices:

 

  • Watsomba – Gandanzara road which is a major link between Mutasa Central and Rusape;
  • Jombe Road especially at the Mbito Section just above ‘B’ Shopping Centre; and
  • Bonda road especially the Bonda – Chikonye potholed section, Nyamazi Stores Section and the District Council – District Administrators Offices section.

*20.     Hon Moyo L.: To ask the Minister of Transport and Infrastructural Development to state measures in place to repair the Manyuchi bridge which links Mwenezi West Constituency to Mwenezi East, Beitbridge and Mberengwa Constituencies given that the bridge was swept away ten years ago.

 

*21.     Hon Moyo L.: To ask the Minister of Transport and Infrastructural Development to explain why the Ministry and the District Development Fund have not graded the roads in Mwenezi Constituency since 2013.

 

*22.     Hon Hungwa: To ask the Minister of Transport and Infrastructural Development to state when the road from Mutoko to Rwenya River will be tarred in view of the fact that it is a busy road that links Mashonaland East and Manicaland.

 

*23.     Hon Kaundikiza: To ask the Minister of Primary and Secondary Education to explain why there are no government primary and secondary schools in Uzumba Maramba and Pfungwe.

 

*24.     Hon Moyo L.: To ask the Minister of Primary and Secondary Education to explain the steps the Ministry has taken to speed up the transfer of Mwenezi Primary School in Mwenezi West Constituency from the Baptist Church which illegally took ownership of the school without parents’ agreement given that Mwenezi Rural District Council is dragging its feet over the issue.

 

*25.     Hon Saruwaka: To ask the Minister of Public Service, Labour and Social Services to state the formula for calculating the lump sum that the former civil servants receive upon retiring.

 

*26.     Hon Zhou T.: To ask the Minister of Public Service Labour and Social Welfare to:

 

  • State whether it is government policy that beneficiaries of the Workers Compensation Fund of the National Social Security Authority to collect their money from the People’s Own Savings Bank only and not from any other bank accounts;

 

  • Explain what happens to the money that would have been returned to the National Social Security Authority Head Office in the event that the beneficiary has failed to collect the money for a period of two months.

 

*27.     Hon Chiwa: To ask the Minister of Local Government, Public Works and National Housing to state whether it is government policy that fifty (50) housing commonage stands are allocated to an individual for resale to Justin Chauke Cooperative and explain how the Government and Council are going to benefit from such an arrangement.

 

*28.     Hon Hungwa: To ask the Minister of Local Government, Public Works and National Housing to explain when the Government Complex in Mutoko will be completed given that it has taken too long.

 

*29.     Hon Vutete: To ask the Minister of Agriculture, Mechanisation and Irrigation Development to explain the Ministry’s plan to reduce the outbreak of foot and mouth disease which affects livestock in Chivi District every year.

 

*30.     Hon Vutete: To ask the Minister of Energy and Power Development to state when the following areas in Chivi District will be electrified?

 

  • Nyahombe Clinic
  • Nyahombe Primary School
  • Nyahombe Agritex Offices; and
  • Nyahombe Secondary School

 

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

  1. Shamu

Hon. Zindi

 

That this House;

 

COGNISANT of the fact that the Head of State and Government and Commander in Chief of the Zimbabwe Defence Forces, President Robert Gabriel Mugabe has played a pivotal role in the establishment, development and welfare of the Zimbabwe Defence Forces;

 

AWARE of the fact that the Zimbabwe Defence Forces are a product of the armed liberation struggles;

 

ACKNOWLEDGING that the Zimbabwe Defence Forces are the vanguard of the country’s peace, security and Sovereignty;

 

NOTING that the Zimbabwe Defence Forces have maintained and contributed to peace both within and beyond the country’s borders through their peace keeping missions;

 

ALARMED by the lack of appreciation of the role the Zimbabwe Defence Forces played and continue to play in the socio-political and economic development of Zimbabwe and Africa from some quarters of the local and international community;

NOW THEREFORE, calls upon the heroic Zimbabwean people;

  1. To recognise the conic role and visionary leadership of the Commander in Chief of the Zimbabwe Defence Forces, President Robert Gabriel Mugabe,
  2. To compliment the efforts of the Zimbabwe Defence Forces in the Socio-political and economic development of the country to improve the Welfare of the Nation.
  3. To uphold the spirit of National Unity, peace and development.

 

  1. Hon Mangami

Hon Machingauta

 

That the Adjourned debate on motion on the First Report of the Portfolio Committee on Small and Medium Enterprises and Co – operatives Development on the Role Management and Impact of Housing Cooperatives on the Delivery of National Housing in Zimbabwe (S.C.13, 2015), which was superseded by the end of the Second Session of the Eighth Parliament be restored on the Order Paper in terms of Standing Order No. 152 (1).

 

  1. Hon Muderedzwa

Hon. Chimanikire

 

That this House takes note of the Second Report of the Portfolio Committee on Defence, Home Affairs and Security Services on the Attempted Jail Break from Chikurubi Maximum Prison.   (S.C 22, 2015)

 

  1. A. Mnangagwa

Hon. Dr. Mashakada

 

That this House takes note of the Report of the Pan African Parliament Session held in Midrand, South Africa, from 4 to 18 October 2015.

 

  1. Mpariwa

Hon. Madondo

 

That this House takes note of the First Report of the Portfolio Committee on Public Accounts on the examination of the Grain Marketing Board (GMB) Value for Money Audit Report and Audited Accounts for the Financial years ended March 2011/ 2012, 2012/ 2013 and 2013/ 2014. (S.C.1, 2015).

           

  1. Nduna

Hon. Mudzuri

 

That the motion on the Second Report of the Portfolio Committee on Transport and Infrastructure Development on the Operations of the National Railways of Zimbabwe, which was superseded by the end of the Second Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 152(1).

 

  1. Nduna

Hon. Mutezo

 

That the motion on the Report of the Portfolio Committee on Transport and Infrastructure Development on the Causes of Road Carnage, which was superseded by the end of the Second Session of the Eighth Parliament, be restored on the Order Paper in terms of Standing Order No. 152(1).

 

  1. Adjourned debate on motion on the First Report of the Portfolio Committee on Defence , Home Affairs and Security Services on the Immigration Department at the Forbes Border Pos (S.C 20, 2015) .(Adjourned 22nd July, 2015 – The Minister of Finance and Economic Development)

 

[Day elapsed: 1]

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Defence , Home Affairs and Security Services on the Immigration Department at the Forbes Border Posts (S.C 20, 2015)        Hon. C.C Sibanda

 

  1. Adjourned debate on motion on alleged maladministration of Premier Medical Aid Society and call for their prosecution (Adjourned 17th November 2015 – Rungani )

 

[Day elapsed: 1]

 

Question proposed: That this House

 

DISTURBED by the recent revelations disclosed by a forensic audit conducted into the affairs of the Premier Medical Aid Society;

 

ALARMED that many millions of subscribers’ funds have been used to pay senior staff massive salaries and other benefits;

 

WORRIED that this occurred at a time when the Society was failing to pay service providers and other creditors on time;

 

FURTHER WORRIED that the Society’s Members were unable inter alia to access medical services, get treatment and purchase drugs;

 

CONCERNED that among those affected were Civil Servants who already suffer from the inability of the State to pay reasonable salaries and other emoluments;

 

NOW THEREFORE,             this House calls upon the Executive to;

 

  1. Immediately set in motion processes for the prosecution of all those who benefitted from this scandal;
  2. Take remedial action to recover the funds that were paid to those individuals who were unjustly enriched;
  3. Investigate the role of the Board of the Society that was in charge of the affairs of the Society at the time of this abuse of funds and if found culpable, that prosecution be extended to former Board Members ; and
  4. Review present remuneration policies of the Society and bring them in line with current Government policy. Cross

 

  1. Adjourned debate on motion on the Report of the Parliament of Zimbabwe Delegation to the 9th Stop Cervical, Breast and Prostate Cancer in Africa Conference.(Adjourned 21st October, 2015 – The Minister of Environment, Water and Climate)

 

[Day elapsed: 3]

Question proposed: That this House takes note of the Report of the Parliament of Zimbabwe Delegation to the 9th Stop Cervical, Breast and Prostate Cancer in Africa Conference, held from 19th to 21st July, 2015 in Nairobi, Kenya. Hon. Dr. Labode

 

  1. Adjourned debate on motion on the repeal of the Vagrancy Act (Adjourned   27th October, 2015 Rungani)

                                                                                      

 

[Day elapsed: 2]

 

 

That this House-

 

CONCERNED BY the increasing number of beggars, street kids, street mothers, fathers and youths at road intersections and pavements in urban areas;

 

DISTURBED by wanton abuse of alcohol and other intoxicants by the younger generation against African values and norms.

 

ALARMED by the increasing levels of prostitution in both urban areas and growth points around the country;

 

CONCERNED by the government’s inertia in addressing such abnormalities in society.

 

CONSCIOUS that the government has a constitutional duty to look after the poor and the weak and to uphold the norms of society;

 

NOW THEREFORE calls upon the Executive to;

 

  1. Repeal such laws as the Vagrancy Act that are alien to safeguarding the interests of the poor and the weak;
  2. Introduce laws that are amenable to upholding human rights and dignity of the underprivileged;
  3. Effectively play a paternal role to such vulnerable groups in line with its constitutional obligations;
  4. Engages the services of the abundant pool of social workers from the institutions of higher learning in order to promote reformation and rehabilitation of social misfits for the common good.- Muderedzwa

 

  1. Adjourned debate on motion on the call for reform of legislation governing mining in Zimbabwe (Adjourned on 22nd October 2015 – Matuke)

 

[Day elapsed: 3]

 

Question proposed: That this House,

COGNISANT of the prevailing economic challenges that the country is facing due, in part, to the debilitating economic sanctions and the lack of balance of payment support;

 

CONCERNED with the crippling de- industrialization and the prevailing low capacity utilization in the industrial sector which has severely dwindled Government revenue from taxes;

 

ACKNOWLEDGING the informalisation of the economy which has led to an astronomical growth of the informal sector;

 

CONVINCED that the pursuit of an upward trajectory of economic revival as envisaged in the ZIMASSET economic blueprint will include, in part, the formulation of strategies to tap into the informal sector;

 

RECOGNISING that artisanal mining, which involves over 500 000 people, is a significant generator of both rural and urban livelihoods which has the potential to alleviate poverty and a tool for sustainable development thus contributing to ZIMASSET;

 

AWARE that despite its obvious benefits, the formalization of artisanal mining is hindered by the absence of an enabling legislative framework, prohibitive levies charged by the Ministry of Mines, rural district councils, the Environmental Management Agency as well as inordinate delays in the issuance of licenses and inspections by surveyors.

 

ALSO AWARE that the formalization of the sector will enable artisanal miners to contribute towards the fiscus and will reduce incidences of diversion and smuggling of our precious mineral resources to neighbouring countries;

 

NOW THEREFORE calls upon the Executive to:

 

  • Repeal Section 3 of the Gold Trade Act which criminalises possession of gold and also imposes stiff penalties for possession and also repeal Section 365-368 of the Mines and Minerals Act which criminalises prospecting by artisanal miners.
  • Adapt to the ‘new normal’ and review the Mines and Minerals Act to include artisanal and small scale mining.
  • De-criminalise artisanal mining by creating objective, transparent and nondiscriminatory regulatory mechanisms which offer easy access to mining titles and legal production channels;
  • Create an enabling legislative framework which integrates the artisanal mining sector into the local community and encourages the investment of profits in other forms of economic activity and services. – Nduna

 

  1. Adjourned debate on motion in reply to the Presidential Speech. (Adjourned 17th November, 2015 Rungani)

                                            

                                                                                [Time elapsed: 7 hours 27 minutes]

 

Question proposed: That a respectful Address be presented to the President

of Zimbabwe as follows:-

 

May it please you, your Excellency, the President:

 

            We, the Members of Parliament of Zimbabwe, desire to express our loyalty     to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament – Hon. Mutomba.

 

  1. Adjourned debate on motion in reply to the State of the Nation Address by His Excellency, the President of Zimbabwe (Adjourned 17th November, 2015 Rungani)

 

[Days elapsed: 9]

 

Question proposed: That this House conveys its profound gratitude to His Excellency, the President Cde R. G Mugabe for addressing a joint sitting of Parliament on the State of Nation.

 

Expresses its commitment to and support for the views contained in his address; and that a respectful address be presented to His Excellency the President, informing him of the sentiments of the House. – Hon. Mhlanga N.J.

 

  1. Committee: To resume on the Banking Amendment Bill, (H.B. 6, 2015) – The Minister of Finance and Economic Development

 

(See Notice of Amendments)

 

  1. Committee: To resume on the Adverse Report by the Parliamentary Legal Committee on Statutory Instrument No. 77 of 2015 (Presidential Powers) Application of [Chapter 8:14] to Premier Medical Aid Society Regulations, 2015 published in the Gazette during the month of July 2015. (Progress Reported 28th October 2015.

 

  1. Committee: Adverse report by the Parliamentary Legal Committee on the Criminal Procedure and Evidence Amendment Bill (H.B.2A, 2015).

 

  1. Consideration: General Laws Amendment Bill (H.B. 3A, 2015) as amended – The Vice President and Minister of Justice, Legal and Parliamentary Affairs.

 

  1. Committee of Supply.

 

 

NOTICE OF AMENDMENTS

 

Banking Amendment Bill, 2015 (H B 6, 2015)

clause 2 (amendment of section 2 of cap. 24: 20)

 

By the Minister of Finance and Economic Development:

 

Clause 2 (a)

On page 2 of the Bill, in the definition of “credit information”, delete from paragraph (b) of that definition subparagraph (i) and substitute the following subparagraph:

 

                “(i)   the person’s establishment or incorporation, including the head office or principal place of business of the person; and”.

On page 3 of the Bill, in the definition of “credit information”, insert in paragraph (c) of that definition the following subparagraph after subparagraph (v):

 

              “(vi)   any pending prosecution for a criminal offence, or previous conviction for a criminal offence, and other information relevant to the person’s financial integrity;”.

 

On page 3 of the Bill, insert after line 9 before the definition of “credit reference bureau”, insert the following definitions:

 

““credit rating” means an opinion as to the creditworthiness of any person who takes on or may take on any debt, or who issues or proposes to issue any debt-like securities;

“credit rating agency” means an entity whose principal business is the issuance of credit ratings on Government and corporate debt issues with the object of evaluating the creditworthiness or ability and willingness of the debt issuer to make timely payments of principal and interest, and to assess the credit quality of, and assign credit ratings to, any debt and debt-like securities;”.

On page 3 of the Bill, in the definition of “financial institution”, delete subparagraph (j) in line 38 and substitute the following paragraphs:

      “(j)   the Reserve Bank; or

       (k)   the National Social Security Authority established by the National Social Security Authority Act [Chapter 17:04]; or

        (l)   the Sovereign Wealth Fund of Zimbabwe established by the Sovereign Wealth Fund of Zimbabwe Act [Chapter 22:04] (No. 7 of 2014)

      (m)   such other institution as may be prescribed;”.

 

On page 4 of the Bill, in the definition of “problem banking institution”, insert after the words “solvency is, or will be” the words “(in the opinion of the Registrar)”.

 

On page 4 of the Bill, insert after the definition of “problem banking institution” the following definition:

“ “special purpose vehicle” means (by whatever other name it is called, including a special purpose entity or special purpose company) a company or entity created by a banking institution or controlling company solely or primarily for one or any combination of the following purposes¾

       (a)    the owning or securitising of a particular set of loans, assets or other investments, and distributing the risk to investors;

       (b)    the marketing of financially engineered products;

       (c)    avoiding tax;

       (d)    as a vehicle for structuring financial transactions that can have a material effect on the banking institution or controlling company in such a way that they do not appear on the institution’s or company’s balance sheet;

       (e)    any specific or temporary purpose whatsoever;”.

 

Clause 2 (b)

On page 4 of the Bill, delete from line 39 in the new paragraph (g) as inserted by clause 2 (b) the words “an accounting entity” and substitute “an entity”.

 

Clause 2 (c)

On page 4 of the Bill, in paragraph (c), by the deletion from line 41 of the words “of the following subsection” and the substitution of the words “of the following subsections”.

 

On page 5 of the Bill, insert in line 30 in the paragraph (j) of the new subsection (4) of section 2 of the principal Act as inserted by clause 2 (c) the word “run” between the words “pension scheme” and “by the institution or company”.

 

On page 5 of the Bill, delete paragraph (i) of the new subsection (4) of section 2 of the principal Act as inserted by clause 2 (c) and substitute the following subparagraph:

 

                “(i)   does not represent (whether as a nominee or in a professional or other capacity) a shareholder of the institution or company; and”.

 

On page 5 of the Bill, by the insertion of the following subsection in section 2 of the principal Act:

 

“(5)  Whenever in this Act any notice or other thing is required to be “written” or to be done “in writing”, or the word “publish” or any of its derivatives is used in connection with a requirement or power of publication, such requirement shall be fulfilled by the sending of an electronic communication in accordance with conditions (including adequate conditions as to the recording, despatch and authentication of documents that are likely to be acceptable to a court as proof of the service thereof) agreed beforehand by the sender and the recipient of the communication.”.

 

By Hon Chapfika as chairperson of the portfolio committee on Finance and economic Development

 

On page 2 of the Bill Clause 2 Sub Clause (a) (iii) by the deletion of the present section and the insertion of the following definition:-

 

            Close relative in relation to any person means:

(a)  A spouse;

(b) A child, step child, parent or step parent;

(c)  The spouse of any of the persons mentioned in paragraph (b).

 

Clause 4 (Amendment of section 4 of cap. 24: 20)

By The Minister Of Finance And Economic Development:

 

On page 6 of the Bill, in subsection (4) of the new section 4B (“Exercise of functions by Registrar”) inserted by clause 4, delete the words “with the approval of the Board of the Reserve Bank” from lines 35 and 36 and substitute “with the approval of the Board of the Reserve Bank (or, in cases of urgency, by ratification by the Board afterwards of any directions given)”.

 

After the end of page 6 of the Bill, following subsection (5) of the new section 4B (“Exercise of functions by Registrar”) inserted by clause 4, insert the following subsection in the new section 4B:

“(6)  Subsections (2) and (5) do not apply in cases of urgency in which, in the opinion of the Registrar or the Governor, as the case may be, the interests of defence, public safety, public order, public morality or the general public interest is affected:

Provided that the Registrar or the Governor, as the case may be, shall make a written record of the reasons for the urgency and avail the same to any interested person.”.

 

On page 7 of the Bill, in subsection (1) of the new section 4C (“Adoption of prudential standards of bank supervision”) delete from line 2 the words “after consultation with” and substitute “on reasonable written notice to”.

 

On page 7 of the Bill, in the new section 4D (“Registrar and Reserve Bank to co-operate with other authorities”) delete from subsection (1) the introductory words between lines 11 to 14 and substitute:

“(1)  For the better exercise of their functions and in the interests of ensuring the efficient and co-ordinated regulation and development of the financial sector in Zimbabwe and the proper enforcement of the law, the Registrar and the Reserve Bank shall be furnished at his, her or its request with such information as he, she or it may require from—”.

 

On page 7 of the Bill, in the new section 4D (“Registrar and Reserve Bank to co-operate with other authorities”) delete paragraph (a) from subsection (1) and renumber the ensuing paragraphs (b) to (h) as paragraphs (a) to (g) accordingly.

 

On pages 7 to 8 of the Bill, delete the new sections 4E (“Financial Sector Oversight Council”) and 4F (“Financial Sector Stability Committee”).

 

Clause 5 (Amendment of section 8 of cap. 24: 20)

By The Minister Of Finance And Economic Development:

 

On page 9 of the Bill, in paragraph (c) (iv), delete subparagraph (i) in lines 42 and 43 from the new paragraph (d1) and substitute the following subparagraph:

 

                          “(i)   are consistent with generally recognised standards of corporate governance, including those fixed or prescribed in terms of this Act; and”.

 

Clause 9 (New Part inserted in cap. 24: 20)

By The Minister Of Finance And Economic Development:

 

On page 11 of the Bill, in subsection (1) (a) of the new section 15A (“Limitation on shareholding in banking institutions and controlling companies”) inserted by this clause, delete the words “ten per centum” in line 2 and substitute “twenty-five per centum”.

 

On page 11 of the Bill, in subsection (1) (b) of the new section 15A (“Limitation on shareholding in banking institutions and controlling companies”) inserted by this clause, delete subparagraphs (i) and (ii) and substitute the following subparagraphs:

 

                          “(i)   a financial institution; or

                          (ii)   a registered controlling company; or

                         (iii)   a body corporate approved in terms of section 15F(1)(b);”.

 

On page 11 of the Bill, in the new section 15A (“Limitation on shareholding in banking institutions and controlling companies”) delete from subsection (2) the introductory words between lines 14 to 17 and substitute:

 

“(2)  Upon written application to that effect having been made by the shareholder concerned, the Registrar may, by written notice to the shareholder and the banking institution or controlling company concerned, give permission for the shareholder to hold more shares in a banking institution or controlling company, if the Registrar is satisfied that— ”.

 

On page 12 of the Bill, in the new section 15A (“Limitation on shareholding in banking institutions and controlling companies”) delete subsection (7) on lines 7 to 8 and substitute:

 

“(7) This section shall not apply in respect of shares that are held temporarily (and in any event for not more than twelve months) by an underwriter pending their acquisition by other persons.”.

 

On page 14 of the Bill, in the new section 15D (“Effect of shareholding in contravention of this Part”) delete subsection (7) between lines 34 to 39 and substitute the following subsections:

 

“(7)  If a dividend is paid to or received by a person on any share that is held by him or her in contravention of section 15A or 15B, or on any share that has been allotted, issued or transferred to the person or registered in his or her name in contravention of section 15C(1), such dividend shall, if not returned by the person concerned , constitute a debt due to the banking institution or controlling company concerned, and shall. at any time after it becomes due, be recoverable in a court of competent jurisdiction by proceedings in the name of the banking institution or controlling company.

(8)  Subject to section 73, a shareholder who has been required to divest himself or herself of any shares in terms of subsection (5) and who fails without just cause to comply with the requirement within the first seven days of the period of one hundred and eighty-one days referred to in paragraph (a) below, shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the shareholder remains in default, not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (b)   if the shareholder continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction to a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.”.

 

On page 15 of the Bill, in the new section 15E (“Divestment of shares to prevent undue influence by shareholder”), delete subsection (3) between lines 7 and 12 and substitute the following subsection:

“(3)  Subject to section 73, a shareholder who has been required to divest himself or herself of any shares in terms of subsection (1) and who fails without just cause to comply with the requirement within the first seven days of the period of one hundred and eighty-one days referred to in paragraph (a) below, shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the shareholder remains in default, not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (b)   if the shareholder continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction to a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.”.

 

On page 15 of the Bill, in the new section 15F (“Restriction on right to control banking institution”), delete from subsection (1) paragraph (a) on line 15 and substitute the following paragraph:

               “(a)   a registered financial institution; or”.

On page 16 of the Bill, in the new section 15F (“Restriction on right to control banking institution”), insert the following subsections after subsection (5):

 

“(6)  Where the Registrar determines under subsection (5) that a shareholder is a person who exercises control over a banking institution in contravention of this section, such determination shall constitute a requirement by the Registrar that the shareholder divest himself or herself of the shares concerned in compliance with section 15D(1)(ii).

(7)  Subject to section 73, a shareholder who is required to divest himself or herself of any shares in terms of subsection (6) and who fails without just cause to comply with the requirement within the first seven days of the period of one hundred and eighty-one days referred to in paragraph (a) below, shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the shareholder remains in default, not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (b)   if the shareholder continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction to a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.”.

 

On page 16 of the Bill, in the new section 15G (“Registration of controlling companies”), delete from subsection (1) paragraph (b) between lines 14 and 19 substitute the following paragraph:

 

               “(b)   the names and details of the qualifications and experience of            the applicant’s directors and principal officers; and”.

 

On page 16 of the Bill, in the new section 15G (“Registration of controlling companies”), delete from subsection (2) the word “consult” in line 30 and substitute “notify”.

 

On page 16 of the Bill, in the new section 15G (“Registration of controlling companies”) (3), delete from paragraph (c) the words “and such of its other officers as may be prescribed” in lines 39 and 40.

 

On page 17 of the Bill, in the new section 15H (“Register of controlling companies”), insert in subsection (1) the following paragraph after paragraph (a) (the subsequent paragraphs (b), (c) and (d) to be redenominated as paragraphs (c), (d) and (e) respectively) between lines 14 and 19 substitute the following paragraph:

 

               “(b)   its registered office, that is to say, its address for service of notices, legal process and other official communications; and””.

 

On page 18 of the Bill, in the new section 15J (“Cancellation of registration of controlling company”), delete from subsection (2) the word “consult” in line 36 and substitute “notify”.

 

On page 19 of the Bill, in the new section 15J (“Cancellation of registration of controlling company”) (6), add the after concluding words “may give it for that purpose” on line 24 the words “and, with respect to any divestment of shares required by such relinquishment, the provisions of section 15D(1) and (6) shall apply as if the Registrar had given the company the requisite notices of divestment in terms of those provisions on the day of the cancellation”.

 

On page 19 of the Bill, in the new section 15J (“Cancellation of registration of controlling company”) insert the following subsection after subsection (6):

 

“(7)  Subject to section 73, a controlling company whose registration is cancelled in terms of this section and which fails, within the first seven days of the period of one hundred and eighty-one days referred to in paragraph (c) below ¾

                 (a)   to divest himself or herself of any shares in terms of subsection (6); or

                 (b)   without just cause, to comply with any direction of the Registrar given in terms of subsection (6);

shall ¾

                 (c)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the company remains in default, not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (d)   if the company continues to be in default after the period specified in paragraph (c), be guilty of an offence and liable on conviction to¾

                           (i)   a fine not exceeding level ten; and

                          (ii)   a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the company.”.

 

By Hon Chapfika as chairperson of the portfolio committee on Finance and economic Development

 

On page 17 of the Bill on Clause 9 add the following Sub Clause 5 and re number the rest accordingly.

 

  • As soon as reasonably possible after registering an applicant, the Registrar shall inform the Deposit Protection Corporation, and cause notice thereof to be published in the Gazette and in one or more issues of a newspaper circulating in the area in which the applicants Head Office is situated.

 

Clause 10 (Amendment of Section 16 cap. 24: 20)

By The Minister Of Finance And Economic Development:

 

On page 19 of the Bill, delete the words “corporate governance” in line 34 and substitute “corporate governance framework”.

 

Clause 11 (Amendment of Section 18 cap. 24: 20)

By the Minister of Finance and Economic Development:

 

On page 20 of the Bill, in the new subsection (1e) inserted into section 18, delete the words “the person satisfies the Registrar that he or she” and substitute “the person satisfies the Registrar by a sworn declaration that he or she”.

 

On page 20 of the Bill, in the new subsection (1f) inserted into section 18, delete the words “If the chief financial officer of a banking institution” and substitute “If the chief financial officer or (upon the failure of the chief financial officer to do so within a reasonable time) any of the principal officers of a banking institution”.

 

On page 20 of the Bill, delete the new subsection (1g) inserted into section 18 and substitute the following subsections:

 

“(1g)  No secrecy or confidentiality provision in any contract or law shall prevent a chief financial officer or any of the principal officers of a banking institution from furnishing to the Registrar the information referred to in subsection (1f), and no banking institution (or controlling company of such institution) shall dismiss or in any other way penalise the chief financial officer or any principal officer for furnishing such information.

(1h)  Subject to section 73, a banking institution or controlling company that¾

                 (a)   contravenes subsection (1a); or

                 (b)   fails, through its chief financial officer, to comply with subsection (1f); or

                 (c)   dismisses or in any other way penalises the chief financial officer or any principal officer for furnishing the information required under subsection (1f); or

shall ¾

                 (d)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution or company remains in default (which default shall, in the case of a contravention referred to in paragraph (c), be calculated from the date of the dismissal of or other penalty imposed upon the chief financial officer or principal officer, and be deemed to continue until such action is reversed), not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (e)   if the institution or company continues to be in default after the period specified in paragraph (d), be guilty of an offence and liable on conviction to¾

                           (i)   a fine not exceeding level ten; and

                          (ii)   a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution or company.”.

 

clause 11 (amendment of section 18 cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 21 of the Bill, delete between lines 23 to 40 the new subsection (2) to be inserted into section 20 and substitute the following subsection:

 

“(2)  Every banking institution and controlling company shall, upon written notification to the Registrar of their names and other prescribed particulars, and with the approval of the Registrar (which approval shall not be withheld except upon positive evidence of the unfitness of the persons concerned to hold office) appoint in Zimbabwe—

                           (a)   a chief executive officer; and

                          (b)   a chief accounting officer; and

                           (c)   a compliance officer; and

                          (d)   an internal auditor; and

                           (e)   officers responsible for the following functions—

                                     (i)   risk management; and

                                    (ii)   lending and credit administration; and

                                   (iii)   internal controls; and

                                   (iv)   investments and asset or liability management, in the case of a banking institution which engages in these activities; and

                                    (v)   treasury and foreign exchange operations; and

                                   (vi)   trust and fiduciary operations, in the case of a banking institution which engages in these activities;

                                  and

                           (e)   such other officers as may be prescribed.”.

On page 21 of the Bill, in the new subsection (2a) to be inserted into section 20, delete from line 42 the words “shall be members of the board” and substitute “shall (despite anything to the contrary in the memorandum or articles of association of the banking institution or controlling company) be non-voting members of the board”.

 

On page 21 of the Bill, in the new subsection (2b) to be inserted into section 20, insert into paragraph (a) after the concluding words “the offices referred to in subsection (2)” the words “, except on a temporary or acting basis (and in that event for not more than six months continuously)”.

 

On page 22 of the Bill, in the new subsection (2b) to be inserted into section 20, insert into paragraph (b) after the concluding words “is a member” the words “(except on a temporary or acting basis)”.

 

On page 22 of the Bill, insert the following new subsection after the new subsection (2b) of section 20:

“(2c)  Until the Registrar signifies his or her approval in writing to the banking institution or controlling company of any of the appointments it wishes to make in terms of subsection (2), the appointee in question shall not be deemed to be employed, whether in terms of the Labour Act, any contract of employment or any other law, but if the Registrar delays by more than thirty days to make any response to a written notification of the proposed appointment by the institution or company, then it is deemed that the Registrar has approved the appointment in question.”.

 

clause 13 (AMENDMENT OF section 20 OF cap. 24: 20)

 

By Hon Chapfika as chairperson of the portfolio committee on Finance and economic Development

 

On Page 21 of the Bill to delete (a) (i) substitute with the following

  • Every banking institution and controlling company shall maintain a principle administrative office in Zimbabwe and shall inform the Registrar in writing, of the office’s address, provided that where a controlling company is not operational in Zimbabwe, it shall be exempted from this requirement.

 

On page 21 to add (a) (2) (e) a Company Secretary, the rest be re-numbered accordingly.

 

clause 14 (new sections inserted in cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 22 of the Bill, in the new section 20A (“Responsibilities and conduct of directors and principal officers of banking institutions and controlling companies”) to be inserted by this clause, delete from subsection (2) the words “observe any guidelines” in line 36 and substitute “observe any written prudential standards issued from time to time by the Reserve Bank”

 

On pages 22 and 23 of the Bill, in the new section 20A (“Responsibilities and conduct of directors and principal officers of banking institutions and controlling companies”) to be inserted by this clause, delete subsection (5) and substitute the following:

 

“(5) In addition to anything contained in section 318 of the Companies Act [Chapter 24:03], where a banking institution or controlling company has been placed under curatorship or judicial management or has been wound up, and it is established that the business of the institution or company has been carried on without regard for the prudential norms and standards and other requirements provided for in this Act, or to good corporate governance principles generally—

                 (a)   every person who was a director or principal officer of the institution or company when its business was being carried on in that manner; and

                 (b)   every shareholder who was knowingly a party to the carrying on of the business of the institution or company in that manner;

shall be jointly and severally liable with the institution or company for any loss or damage suffered by creditors, including depositors, of the institution or company:

Provided that this subsection shall not apply to a director or officer who, on a balance of probabilities, is able to show that he or she—

                 (a)   was not responsible for the manner in which the business of the institution or company was carried on; and

                 (b)   complied with his or her duties under subsections (1) and (2).”.

 

On page 23 of the Bill, in the new section 20A (“Responsibilities and conduct of directors and principal officers of banking institutions and controlling companies”) to be inserted by this clause, delete in subsection (6), in line 22, the connective “and” between paragraphs (a) and (b) and substitute the connective “or”.

 

On page 23 of the Bill, in the new section 20A (“Responsibilities and conduct of directors and principal officers of banking institutions and controlling companies”) to be inserted by this clause, delete in subsection (7), in lines 29 and 30, the words “in subsection (5)” and substitute “in subsection (5) or (6)”.

 

On page 23 of the Bill, in the new section 20A (“Responsibilities and conduct of directors and principal officers of banking institutions and controlling companies”) to be inserted by this clause, insert in subsection (7)(c), in line 39, after the words “repayment of the losses of the creditors” the words “(not including any creditor who is a director or principal officer or principal shareholder of the banking institution or controlling company, or any other person who is an associate or close relative of any of the foregoing, against whom the Registrar or Deposit Protection Corporation has instituted proceedings under this section)”

 

On page 24 of the Bill, in the new section 20B (“Disclosure of interests by directors of banking institutions and controlling companies”) to be inserted by this clause, delete subsection (1) and substitute the following:

 

“(1)  Upon his or her appointment, and annually thereafter, every director of a banking institution or a controlling company shall deliver to the chief executive officer of the institution or company a document in the prescribed form setting out the full extent of the director’s assets, business activities and financial and proprietary interests and those of his or her spouse”.

 

On page 24 of the Bill, in the new section 20B (“Disclosure of interests by directors of banking institutions and controlling companies”) to be inserted by this clause, add the following proviso to subsection (2) after line 16:

 

“Provided that any such document and the information contained in it shall be strictly confidential to the Reserve Bank and shall not be released to anyone outside the Reserve Bank except with the written consent of the person to whom it relates”.

 

On page 24 of the Bill, in the new section 20B (“Disclosure of interests by directors of banking institutions and controlling companies”) to be inserted by this clause, delete subsection (3) on lines 17 and 18 and substitute the following subsection:

 

“(1h)  Subject to section 73, a banking institution or controlling company that¾

                 (a)   fails, within the first seven days of the period of one hundred and eighty-one days referred to in paragraph (c) below (calculated from the date of the appointment or each anniversary of the appointment, as the case may be), to comply with subsection (1); or

                 (b)   contravenes subsection (2); or

shall ¾

                 (c)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution or company remains in default, not exceeding a period of one hundred and eighty-one days:

                                Provided that the Registrar shall have power to waive the payment or refund the whole or part of any penalty prescribed under this paragraph if he or she is satisfied that the contravention was not wilful, or not due to the want of reasonable care;

                         and 

                 (d)   if the institution or company continues to be in default after the period specified in paragraph (c), be guilty of an offence and liable on conviction to¾

                           (i)   a fine not exceeding level fourteen; and

                          (ii)   a fine not exceeding level fourteen or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution or company.”.

 

clause 16 (amendment of section 25 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 24 of the Bill, in paragraph (a), delete from line 40 the words “in subsection (4)” and substitute the words “in subsection (5)”.

clause 17 (new section substituted for section 26 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 25 of the Bill, in subsection (3) of the new section 26 (“Closing and establishment of branches in Zimbabwe by banking institutions”) to be substituted by this clause, insert after the words “intention to establish the branch,” in line 24 the words “and after affording the banking institution an opportunity to make representations on the matter,”.

 

On page 25 of the Bill, in the new section 26 (“Closing and establishment of branches in Zimbabwe by banking institutions”) to be substituted by this clause, insert after subsection (4) the following subsection:

 

“(5)  Subject to section 73, a banking institution that fails to comply with a direction in terms of subsection (3) shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution remains in default, not exceeding a period of one hundred and eighty-one days;        and          

                 (b)   if the institution continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction to¾

                           (i)   a fine not exceeding level fourteen; and

                          (ii)   a fine not exceeding level fourteen or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution.”.

 

clause 18 (new sections inserted in cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 25 of the Bill, in subsection (1) of the new section 28A (“Corporate governance”) to be inserted by this clause, delete the words “consistent with such standards,” in line 35 and substitute “consistent with such prudential standards”.

 

On page 26 of the Bill, in subsection (1) of the new section 28C (“Risk committee”) to be inserted by this clause, delete the words “of whom at least two shall be non-executive directors,” in lines 41 and 42, and substitute “all of whom shall be non-executive directors”.

 

clause 19 (new part inserted in cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 28 of the Bill, in subsection (1) (c) of the new section 28D (“Publication of certain information by banking institutions”) to be inserted by this clause, delete the words “a notice setting out its interest rates” in line 5 and substitute “a notice in a form approved by the Reserve Bank that is clearly visible to the public setting out its interest rates”.

 

On page 28 of the Bill, in subsection (3) of the new section 28D (“Publication of certain information by banking institutions”) to be inserted by this clause, delete from line 15 the words “subsection (3)” and substitute the words “subsection (2)”.

 

On page 29 of the Bill, in the new section 28E (“Disclosure of certain information to customers of banking institutions”) to be inserted by this clause, insert after subsection (4) the following subsection:

 

“(5)  No banking institution shall impose any fee or other charge for the information it is required to provide to a user of its services under subsection (1), (2), (3) or (4).”.

 

On page 30 of the Bill, after the new section 28E (“Disclosure of certain information to customers of banking institutions”) to be inserted by this clause, insert the following additional new section:

 

“28G  Civil penalties for non-compliance by banking institutions with Part IVA

Subject to section 73, a banking institution that fails to comply with any provision of this Part shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution remains in default, not exceeding a period of one hundred and eighty-one days; and      

                 (b)   if the institution continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction to¾

                           (i)   a fine not exceeding level fourteen; and

                          (ii)   a fine not exceeding level fourteen or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution.”.

 

By Hon Chapfika as chairperson of the portfolio committee on Finance and economic Development

       To insert new Sub Clause 4 as follows

         (4)    After changing any of the matters referred to in subsections (1), (2) or (3)     above a banking institution shall give the account holder, borrower or card holder, written notice of the changes within 14 days.

clause 22 (new sections inserted in cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 30 of the Bill, in subsection (4) of the new section 31A (“Credit rating of banking institutions”) to be inserted by this clause, delete the words “may publish” in line 27 and substitute “may, not more than once in a calendar year, publish”.

 

On page 31 of the Bill, in subsection (3) of the new section 31C (“Issue of credit reference bureau licences”) to be inserted by this clause, add the following words to the end of that subsection in line 7: “and, in the case of a refusal, of the reasons for his or her refusal”.

 

clause 23 (new sections substituted for section 32 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 31 of the Bill, by the deletion between lines 20 and 24 of subsections (2) and (3) of the new section 32 (“Restrictions on purchase and pledging of shares in banking institutions and controlling companies”) to be inserted by this clause, and the substitution of the following subsections:

“(2)  Except with the prior approval of the Registrar (which approval shall not be unreasonably withheld), no person holding a significant interest in a banking institution or controlling company (as defined in section 15B(1)) shall pledge, hypothecate or otherwise encumber any shares in a banking institution or controlling company if the encumbrance may result in a transfer of shares or voting rights in the institution or company equal to or exceeding ten per centum of the shares or voting rights in the institution or company.”

(3)  Subject to section 73, a banking institution or controlling company which or person who contravenes subsection (1) or (2) shall ¾

                 (a)   be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution, company or person remains in default, not exceeding a period of one hundred and eighty-one days;         and     

                 (b)   if the institution, company or person continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction¾

                           (i)   in the case of a banking institution or controlling company

  1. to a fine not exceeding level ten; and
  2. to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution.”.

                          (ii)   in the case of an individual other than a director or member referred to in subparagraph (i)B, to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.”.

 

On page 31 of the Bill, by the deletion between lines 38 and 41 of subsection (1) of the new section 32A (“Special purpose vehicles”) to be inserted by this clause, and the renumbering of the following subsections (2), (3), (4) and (5) as subsections (1), (2), (3) and (4) respectively.

 

On page 31 of the Bill, by the deletion in subsection (3) (now subsection (2)) of the words “subsection (2)” in line 43 and the substitution of “subsection (1)”.

 

clause 24 (amendment of section 35 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 31 of the Bill, by the deletion between lines 20 and 24 of subsections (2) and (3) of the new section 32 (“Restrictions on purchase and pledging of shares in banking institutions and controlling companies”) to be inserted by this clause, and the substitution of the following subsections:

“(3)  A banking institution shall not extend credit exceeding such amount as may be prescribed to any of its directors, shareholders or principal officers, or to a close relative or associate of any of those persons, unless—

                           (a)   the transaction has been approved by the board of the banking institution (without the participation of any director or principal officer to whom the credit is sought to be extended in the decision to approve the extension of the credit); and

                          (b)   the credit does not exceed ten per centum of the paid-up equity capital of the banking institution; and

                           (c)   the credit is covered by one hundred per centum collateral; and

                          (d)   the credit is deducted from the paid-up equity capital of the banking institution.

(4)   Where a banking institution extends credit, exceeding such amount as may be prescribed, to any of its directors, shareholders or principal officers, or to a close relative or associate of any of those persons, it shall without delay inform the Registrar of that fact and provide the Registrar with such information concerning the credit as the Registrar may reasonably require.

(5)  For the avoidance of doubt, subsections (3) and (4) does not apply to the extension of credit to any employee of the bank as part of the employee’s conditions of service that are applicable to other employees generally.

(6)   Any contract or arrangement whereby a banking institution extends credit to any person in contravention of this section shall be voidable at the instance of—

                           (a)   the board of the banking institution; or

                          (b)   the Registrar;

and the credit shall be repayable together with interest at the prevailing money market rate to the banking institution by any person in whose favour it was made within the period stipulated by the board or the Registrar, as the case may be.

(7)  Subject to section 73—

                 (a)   a banking institution which contravenes subsection (2), (3) or (4);

                 (b)   any director, shareholder or principal officer of a banking institution (whether on his or her own behalf or on behalf of any of his or her close relatives or associates ) who¾

                           (i)   receives any credit from the banking institution of which he or she is the director, shareholder or principal officer while knowing or not having a reasonable belief that the conditions for the extension of that credit in terms of subsection (3) have not been fully complied with; or

                          (ii)   fails, within the stipulated period, to repay fully together with interest at the prevailing money market rate any credit under a contract or arrangement voided by the Registrar under subsection (6);

                         shall be liable for a civil penalty of fifty United States dollars (or the maximum monetary figure specified from time to time for level four, whichever is the lesser amount) for each day the institution, director, shareholder or principal officer (as the case may be) remains in default, not exceeding a period of one hundred and eighty-one days;      and     

                 (c)   if the institution, director, shareholder or principal officer (as the case may be) continues to be in default after the period specified in paragraph (a), be guilty of an offence and liable on conviction¾

                           (i)   in the case of a banking institution—

  1. to a fine not exceeding level ten; and
  2. to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment in the case of every director or member of the board or governing body of the institution.”.

                          (ii)   in the case of a, to a fine not exceeding level ten or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.”.

new CLAUSE to be substituted for CLAUSE 30

By the Minister of Finance and Economic Development

On pages 33 to 36 of the Bill, delete clause 30 and substitute the following clause:

30  New sections inserted in Cap. 24:20

The principal Act is amended by the insertion in Part IX after section 52 of the following sections—

“52A  Problem banking institutions

(1)  This section applies where the Reserve Bank determines that, in relation to a particular problem banking institution, it is in the public interest or in the interests of the depositors or creditors of a banking institution to avoid cancelling the registration of a banking institution, if possible, in order to achieve any one or more of the following objectives—

                 (a)   to protect and enhance the stability of the financial system; and

                 (b)   to protect and enhance public confidence in the banking system; and

                 (c)   to protect depositors; and

                 (d)   where applicable, to protect public funds.

(2)  Where the Reserve Bank, following a report by an inspector or an investigation in terms of section 49, or on the basis of financial intelligence which in its opinion is sound and sufficient, has identified a banking institution as a problem banking institution because—

                 (a)   it can no longer maintain the prescribed minimum amounts of capital and reserves, or is otherwise in an unsound financial condition; or

                 (b)   it can no longer maintain net assets which, together with other financial resources available to it, are of an amount and nature sufficient to safeguard its creditors;

                 (c)   it can no longer provide adequate security for the assets entrusted to it; or

                 (d)   it is facing liquidity problems, or its prudential liquidity ratios are below the prescribed regulatory minimum; or

                 (e)   it has failed to put in place and implement a sound corporate governance framework and risk management framework, or it is in breach of good corporate governance requirements or its operations exhibit poor risk management; or

                 (f)   it is carrying out non- permissible activities or employing undesirable methods in carrying on its business; or

                 (g)   it has not complied with any instruction, requirement or condition imposed by the Registrar in terms of this Act; or

                 (h)   it is not being operated or is not conducting its activities in the best interests of its depositors;

the Reserve Bank may, subject to this section, formulate and implement a plan of resolution in relation to the banking institution (hereinafter called a “bank resolution plan”) involving any of the following measures—

                  (i)   the merging of the problem banking institution with another banking institution;

                  (j)   the acquisition of the problem banking institution by another banking institution;

                 (k)   the acquisition by or transfer to a third party of any asset or liability of the problem banking institution, including any asset held in trust;

                  (l)   the establishment of a bridging banking institution to acquire part or all of the assets and liabilities of the problem banking institution;

                (m)   the taking of control of the problem banking institution by a curator with powers to establish and institute a timely plan of resolution;

                 (n)   the winding up of the problem banking institution;

                 (o)   the taking of any action necessary to give effect to the plan of resolution, including the sale or closure of any branch, agency or other office of the problem banking institution and, subject to any other law, the dismissal of any of its officers or employees.

the Reserve Bank shall, if it makes a determination in terms of subsection (1), and after affording the banking institution an adequate opportunity to make representations in the matter—

                 (p)   serve on a principal officer of such banking institution at its registered office—

                           (i)   a notice (hereinafter called a “problem bank notice”) announcing that the banking institution has been declared a problem banking institution; and

                          (ii)   the bank resolution plan that the Reserve Bank shall be implementing or cause to be implemented in terms of the Act;

                         and

                 (q)   publish the problem bank notice in the Gazette:

     Provided that, where the Reserve Bank considers that immediate action is necessary to prevent irreparable harm to the banking institution or its depositors, creditors, members or employees, the Reserve Bank may take such action before affording the banking institution an opportunity to make representations in terms of this subsection.

(3)  In formulating a bank resolution plan, the Reserve Bank shall—

                 (a)   have regard to the public interest; and

                 (b)   ensure that any measures authorised by or taken under the plan are proportionate to the harm they are intended to remedy; and

                 (c)   ensure that where any property or interest or right in property is to be acquired under the plan (other than shares and assets of the problem banking institution)—

                           (i)   reasonable notice is given to everyone whose interest or rights will be affected by the acquisition; and

                          (ii)   fair and adequate compensation is paid within a reasonable time after the acquisition; and

                         (iii)   if the acquisition is contested, an application is made to a court of competent jurisdiction for an order authorising or confirming the acquisition; and

                         (iv)   the property, interest or right is returned or not acquired if the court, on an application referred to in subparagraph (iii), does not authorise or confirm the acquisition;

                         and

                 (d)   ensure that all bidders or offerors seeking to acquire assets of the problem banking institution are treated equally and fairly; and

                 (e)   ensure that, so far as practicable, any person who acquires assets of the problem banking institution acquires an equivalent value of its liabilities.

(4)  The Reserve Bank or its agents may disclose confidential information concerning a problem banking institution, subject to a confidentiality agreement, to a bidder or offeror who proposes to acquire the institution or any of its assets or liabilities under a bank resolution plan.

(5)  Pending the formulation and implementation of a bank resolution plan (whether before or after the confirmation of the problem bank notice in terms of section 52B), the Reserve Bank may take such measures in relation to the banking institution concerned as, in its opinion, are reasonably necessary in order to—

                 (a)   preserve the capital, assets and liquidity of the banking institution concerned; and

                 (b)   protect the interests of depositors and other creditors of the banking institution concerned.

(6)  Measures referred to in subsection (5) may include—

                 (a)   restricting the activities of the banking institution concerned; and

                 (b)   removing or replacing all or any of the directors of the banking institution concerned; and

                 (c)   prohibiting or restricting the disposal of any assets of the banking institution concerned; and

                 (d)   any action referred to in section 48(3).

           52B  Confirmation of problem bank notice

(1)  At any time before a bank resolution plan is implemented, the problem bank notice shall be confirmed by application made by or on behalf of the Reserve Bank to a judge of the High Court in chambers on not less than fourteen days’ written notice (accompanied by the documentation in support of the application referred to in paragraphs (a) and (b) of subsection (2)) to the directors, shareholders, principal officer and creditors of the problem banking institution:

Provided that the publication by or on behalf of the Reserve Bank of a notice in the Gazette addressed to the directors, shareholders, principal officer and creditors of the problem banking institution (whether named individually or by class) ¾

                  (i)   notifying them of the intention of the Reserve Bank to make such an application not earlier than fourteen days from the date of publication of the notice in the Gazette; and

                 (ii)   informing them of their right to oppose the application; and

                (iii)   containing particulars of where the documentation in support of the application referred to in paragraphs (a) and (b) of subsection (2) may be collected by any party interested in the application, shall be deemed to constitute sufficient service of the notice of the application upon any such party.

(2)  There shall be submitted together with the application referred to in subsection (1) ¾

                 (a)   a copy of the problem bank notice relating to the banking institution which is the subject of the application; and

                 (b)   a statement of the reasons why it appeared to the Reserve Bank that any one or more of the circumstances referred to paragraph (a) to (h) of section 52A(2) were present in relation to the banking institution; and

                 (c)   a statement of the affairs of the banking institution indicating the extent of its assets and liabilities; and

                 (d)   proof that a principal officer of the banking institution had been served with the problem bank notice under section 52A(2)(p).

(3)  A decision by a judge not to issue a confirming order in terms of subsection (1), or to issue it subject to any amendment or variation, shall not prevent the Reserve Bank from making a fresh application in terms of that subsection on the basis of new evidence obtained since the original application, or to correct any mistake in the original application, and subsections (1) and (2) shall apply to such fresh application.”.

(4)  Where an appeal is noted against a decision of the High Court in an application referred to in this section, the Supreme Court shall ensure that, where possible, it delivers judgment in the appeal within thirty days after the appeal was filed in accordance with rules of court.

(5)  Notwithstanding any other law, in an appeal is noted against a decision of the High Court in an application referred to in this section, no court shall set aside the decision of the Reserve Bank made pursuant to a bank resolution plan without the consent of the Reserve Bank, unless the court is satisfied that the decision was made corruptly or in bad faith:

Provided that this subsection shall not prevent a court from awarding fair and adequate compensation to any person who has suffered loss as a result of the decision.

(6)  Pending the determination of an application referred to in this section or any appeal in relation thereto, the Reserve Bank may take any of the measures referred to in section 52A(5) or any other formal supervisory or enforcement action against the problem banking institution concerned in the interests of its creditors or depositors or in the public interest.

(7)  Where a problem bank notice is confirmed by the court in terms of this section and the bank resolution plan in relation to it proposes to place the problem banking institution concerned under liquidation, it shall not be necessary to issue a separate notice of liquidation in terms of section 57 of the Act.

52C Implementation of bank resolution plan

(1)  In this section “curator” means an agent of the Reserve Bank acting as an independent contractor or the Reserve Bank itself operating through one of its employees, and includes any special asset management company established in terms of Part IXA of the Reserve Bank Act.

(2)  Where a curator has taken control of a problem banking institution under a bank resolution plan, the shareholders of the institution shall have no rights with respect to shares, except to the extent permitted under the plan.

(3)  Within ninety days after a curator has taken control of a problem banking institution under a bank resolution plan, the Reserve Bank, in consultation with the Deposit Protection Corporation, shall—

                 (a)   determine whether to restructure, reorganise or wind up the institution; and

                 (b)   determine an alternative bank resolution plan based upon any combination of restructuring, reorganisation or winding up of the institution or, subject to this section, any other option which provides for expeditious resolution of the problems of the institution:

                                Provided that if the new bank resolution plan is materially at variance with the one submitted in connection with an application in terms of section 52B, the Reserve Bank shall seek the leave of the court that confirmed the application to depart from the original bank resolution plan, and the court may make any directions on the matter that it thinks fit.

(4)  For a period of ninety days after a curator has taken control of a problem banking institution under a bank resolution plan, no proceedings may be commenced against the institution by its creditors.

(10)  Notwithstanding any other law, where under a bank resolution plan—

                 (a)   any asset of a problem banking institution has been transferred to any person; or

                 (b)   control of a problem banking institution has been transferred to any person; or

                 (c)   the whole or part of the business of a problem banking institution has been transferred to any person;

no court shall set aside the transfer without the consent of the Reserve Bank, unless the court is satisfied that the transfer was made fraudulently, corruptly or in bad faith:

Provided that this subsection shall not prevent a court from awarding fair and adequate compensation to any person who has suffered loss as a result of the transfer.”.

clause 33 (now 34) (new section substituted for section 57 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 37 of the Bill, delete subsection (4) between lines 34 and 41 and substitute the following.

 

“(4)  In an application referred to in subsection (3)(c), the High Court may not, despite any other law, reverse or set aside the order of the Reserve Bank to wind up a banking institution made in terms of subsection (1) without the consent of the Reserve Bank, unless the court is satisfied that the decision was made corruptly or in bad faith:

Provided that this subsection shall not prevent the High Court or any other court from awarding fair and adequate compensation to any person who has suffered loss as a result of the decision.”.

 

clause 36 (amendment of section 73 of cap. 24: 20)

By the Minister of Finance and Economic Development

 

On page 41 of the Bill, in paragraph (b), delete from line 25 the words “thirty days” and substitute the words “ninety days”.

new CLAUSE inserted after CLAUSE 36

By the Minister of Finance and Economic Development

After the end of clause 36 on page 41 of the Bill insert the following clause, the subsequent clauses being renumbered accordingly:

37  New section inserted in Cap. 24:20

The principal Act is amended by the insertion after section 77 of the following section—

“77A  Issuance of civil penalty orders

(1)  Where in this Act provision is made for the imposition of a civil penalty, such provision shall be construed as authorising the Registrar to issue to the person specified by this Act to be responsible for the infringement in respect of which the penalty is imposed (hereinafter called “the infringer”) any one of the following kinds of orders (called a “civil penalty order”) addressed to an infringer, which order shall be issued within such of the following parameters as may be appropriate to the infringement, namely a civil penalty order imposing¾

                 (a)   a fixed civil penalty for a specified completed and irremediable infringement, for which¾

                           (i)   the penalty shall not exceed a fixed penalty of level ten or the penalty prescribed by or under this Act, as the case may be; and

                          (ii)   the penalty for each day (beginning on the day after the issuance of the civil penalty order) during which the infringer fails to pay the civil penalty, shall not exceed a penalty of level three (twenty United States dollars) per day for a maximum period of one hundred and eight (180) days;

                         and

                 (b)   a fixed civil penalty for a specified completed but remediable infringement¾

                           (i)   for which the prescribed penalty shall not exceed a fixed penalty of level five (one hundred United States dollars) or the penalty prescribed by or under this Act, as the case may be; and

                          (ii)   which must be suspended conditionally upon the infringer taking the remedial action specified in the civil penalty order within the time specified in that order; and

                         (iii)   which (upon the civil penalty becoming operative because of non-compliance with the requested remedial action) may provide for the prescribed penalty for each day (beginning on the day after the last day on which the infringer should have effected the remedial action) during which the infringer fails to pay the civil penalty referred to in subparagraph(i), which shall not exceed a penalty of level two (ten United States dollars) per day for a maximum period of one hundred and eight (180) days; and

                 (c)   a fixed civil penalty for a continuing infringement¾

                           (i)   for which the prescribed penalty shall not exceed a penalty of level one (five United States dollars) for each day during which the infringement continues (or the penalty prescribed by or under this Act, as the case may be), not exceeding a maximum period of one hundred and eight (180) days; and

                          (ii)   which must be suspended conditionally upon the infringer immediately (that is say, on the day the civil penalty order is issued) ceasing the infringement;

                        and 

                 (d)   a fixed civil penalty for a specified continuing infringement where the time for compliance is of the essence¾

                           (i)   for which the prescribed penalty shall not exceed a fixed penalty of level ten (six hundred United States dollars) or the penalty prescribed by or under this Act, as the case may be; and

                          (ii)   which must be suspended conditionally upon the infringer taking the remedial action specified in the civil penalty order within the time specified in that order; and

                         (iii)   which (upon the civil penalty becoming operative because of non-compliance with the requested remedial action) may provide for the prescribed penalty for each day (beginning on the day after the last day on which the infringer should have effected the remedial action) during which the infringer fails to pay the civil penalty referred to in subparagraph (i), which shall not exceed a penalty of level two (ten United States dollars) per day for a maximum period of one hundred and eight (180) days;

(2) A civil penalty order that becomes payable by the infringer shall constitute a debt due by the infringer to the Registrar and shall. at any time after it becomes due, be recoverable in a court of competent jurisdiction by proceedings in the name of the Registrar.

(3)  The amount of a civil penalty shall be paid into and form part of the funds of the Reserve Bank.”

 

clause 38 (now 39) (Amendment of section 81 of cap. 24:20)

By the Minister of Finance and Economic Development

On page 42 of the Bill, in paragraph (b) of this clause, add the following new paragraph to section 81(2):

             “(g6)   the specification, notwithstanding any other law, of a tariff of remuneration, fees and charges to be payable to a curator, public auditor or accountant, legal practitioner or other independent contractor retained by the Reserve Bank for the discharge of any statutory function any purpose under this Act;”.

CLAUSE 40 (now clause 41) (amendment of cap. 22:15)

By the Minister of Finance and Economic Development

On page 43 of the Bill, insert after paragraph (b) the following paragraph into clause 40 (now clause 41), and redenominate the existing paragraph (c) as paragraph (d):

     “(c)   by the insertion after Part IX of the following Part—

“Part IXA

Special Asset Management Companies

57A  Establishment of special asset management companies

(1)   In the exercise of its functions the Bank may establish any one or more companies or other entities, to be known as “special asset management companies”, for the purpose of—

                 (a)   acquiring, rescheduling, disposing of, holding, managing or otherwise settling non-performing loans of banking institutions; or

                 (b)   on the direction of the Bank, managing, acquiring, restructuring and disposing of distressed or problem or failed banking institutions;

                 (c)   generally, performing such other functions related to the acts mentioned in paragraph (i) and (ii) or exercising any function conferred on the Bank by or in terms of this Act;”

(2)  Upon completion of the mandate for which it was established in terms of subsection (1), a special asset management company shall be wound up and the necessary account shall be rendered to the Bank.

57B Immunity of special asset management companies, etc.

The immunity of the Bank bestowed by section 63A applies also to any special asset management company, for which purpose references therein the Bank, the Board, the Governor and any employee of the Bank shall be read as references to the company, its board of directors, its chief executive or principal officer and any of its employees.

57C  Powers of Investigation of special asset management companies

Section 47 of the Banking Act applies to a special asset management company in the pursuance of the mandate for which it was established in terms of section 57A (1), as if the company and its employees, are supervisors and inspectors referred to in that section of the Banking Act.

57D  Powers of curatorship of special asset management companies

Section 55 of the Banking Act applies to a special asset management company in the pursuance of the mandate for which it was established in terms of section 57A (1), as if the company (and any of its employees discharging curatorship functions) is the curator referred to in that section of the Banking Act.

57E Special asset management companies exempt from certain duties, fees and charges

(1) No duty or fee in relation to any instrument, service or other matter shall be payable to the State by any special asset management company in respect of-

                 (a)   any transfer to the company of property other than property acquired by the company for its own use or for the use of its employees; or

                 (b)   any mortgage, hypothecation or pledge of property or cession thereof in favour of the company; or

                 (c)   any document of security, pledge, act of suretyship, indemnity or guarantee by or in favour of the company.

(2) A special asset management company shall not be liable for the payment of any search or inspection fee in the Master’s office or in any Deeds Registry or Companies Registry.”.

 

By the Minister of Finance and Economic Development

On page 44 of the Bill, insert after line 39 the following subclause to clause 40, the existing clause becoming subclause (1):

“(2) The wholly owned company of the Reserve Bank of Zimbabwe called the Zimbabwe Asset Management Corporation (Private) Limited, incorporated in terms of the Companies Act [Chapter 24:03] on the 15th July 2014, shall be deemed to be a special asset management company established with effect from the date of its incorporation in terms of Part IXA of the Reserve Bank of Zimbabwe Act [Chapter 22:15].”.

clause 43 (amendment of schedule to Act 1 of 2010)

 

By the Minister of Finance and Economic Development

 

On page 45 of the Bill, delete clause 43 between lines 39 and 47.

 

By the Minister of Finance and Economic Development

 

INSERT CLAUSE 45 (AMENDMENT OF THE RESERVE BANK OF ZIMBABWE (DEBT ASSUMPTION) ACT, 2015)

 

On page 47 insert a new clause 45 which reads as follows-

“45 Amendment of Reserve Bank of Zimbabwe (Debt Assumption) Act, No.2 of 2015          

The Reserve Bank of Zimbabwe (Debt Assumption) Act, 2015, is amended by the repeal of section 6 and its substitution with the following-

 

“Part III of the Public Debt Management Act [Chapter 22:21] shall apply, with the necessary changes, in respect of any obligation assumed in terms of section 4 as if the obligation were a State loan borrowed in terms of that Act.”

 

 

 

BILLS UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

  1. General Laws Amendment Bill (B.3A, 2015) – The Vice President and Minister of Justice, Legal and Parliamentary Affairs. (Referred 15th

October, 2015)

 

  1. Criminal Procedure and Evidence Amendment Bill (H.B. 2, 2015) - The Vice President and Minister of Justice, Legal and Parliamentary Affairs. (Referred 22nd October 2015)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Download attachments:

PARLIAMENT OF ZIMBABWE

Tuesday, 17th November, 2015

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

PRAYERS

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

ANNOUNCEMENT BY THE HON. PRESIDENT OF THE SENATE

MEETING FOR PARLIAMENTARIANS FOR GLOBAL ACTION ZIMBABWE CHAPTER MEETING

THE HON. PRESIDENT OF THE SENATE: Hon. Members of the Parliamentarians for Global Action Zimbabwe Chapter, a non-partisan international network of legislators are invited to an annual meeting to be held on Thursday, 19th November, 2015 at 12 o’clock noon in the Government Caucus Room. New members are also welcome.

MOTION

BUSINESS OF THE HOUSE

          HON. SEN. B. SIBANDA: I move that Order Number 1 be stood over until the rest of the Orders of the Day have been disposed of.

HON. SEN. HLALO: I second.

Motion put and agreed to.

MOTION

ACHIEVEMENTS IN THE EDUCATION SECTOR

      Second Order read: Adjourned debate on great strides made by Government in raising literacy rates in the country.

      Question again proposed.

*HON. SEN. CHIMBUDZI: Thank you Madam President. I would like to thank Hon. Sen. Goto who moved this important motion, seconded by Hon. Sen. Bhobho about raising literacy rates in the country. They gave their opinion on the position of our literacy in this country, that it is high as a result of our Government led by our President His Excellency, Comrade R. G. Mugabe. He has put across good policies so that we can increase our literacy rates here in Africa.

I would like as well to reiterate what His Excellency; Comrade R. G. Mugabe said when he officially opened the Third session of the Eighth Parliament, when he looked at educational issues. He said that there will be an education Bill to be brought in addition to the Education Act of 2006 which will look at our literacy in the country in line with our Constitution, which is good for the country. The curricular for the primary and secondary education is also being looked into. That is a way to try and raise our literacy rate in the country. We know that when a country has educated people, development is easy because people understand better what is happening in the country because of the literacy that they would have been given through education.

Madam President, may I read my notes about Mt. Darwin. I am requesting for authority to do that.

THE HON. PRESIDENT OF THE SENATE: Normally, we request that Hon. Members should inform us before they do that.

*HON. SEN. CHIMBUDZI: I am sorry about that. Let me say if we look at issues of schools in Mt. Darwin, before independence, we had 53 primary schools and two secondary schools which are Mamvuradonha High School and Ruya Secondary School.

MT DARWIN DISRICT BEFORE 1980

PRIMARY SCHOOLS

SECONDARY SCHOOLS

53

2

 

These secondary schools are mission schools, Mamvuradonha is an Evangelical school and Ruya is an SDA School. Let me say it helped a lot but it was very difficult particularly for education in Mt. Darwin.

 

SCHOOLS IN 1980 AND AFTER

PRIMARY SCHOOLS

SECONDARY SCHOOLS

85

27

 

From 1980 up to now, the schools have increased by 32 primary schools and 25 secondary schools.

We now have nine ‘A’ level school and two boarding schools which are Mamvuradonha and Ruya, nothing changed there. We have five satellite schools at primary and 15 secondary schools. We have been granted authority to build an additional seven primary schools and four secondary schools.

We have 26 substantive male headmasters and four women and that gives us a total of 30. We have 25 substantive deputy headmasters and seven who are female. We have 18 substantive secondary school headmasters and there are no women. We have four substantive heads as deputy and there are no women.

Substantive Heads - Primary

MALE

FEMALE

TOTAL

26

4

30

Substantive Deputy - Primary

MALE

FEMALE

TOTAL

25

7

32

 

Substantive Heads – Secondary

MALE

FEMALE

TOTAL

18

0

18

 

Substantive Deputy/Heads – Secondary

MALE

FEMALE

TOTAL

4

0

4

 

          There are few female Heads as compared to their male counterparts at primary and secondary school level.

Current Enrolment

Primary

MALE

FEMALE

TOTAL

26 680

27 159

53 839

 

Secondary

MALE

FEMALE

TOTAL

7 110

6 745

13 855

 

There are more boys at primary and secondary school than girls.

Staffing

Primary

 

MALE

FEMALE

TOTAL

915

779

1 691

Secondary

MALE

FEMALE

TOTAL

332

254

586

 

There are more male teachers both at primary and at secondary school than female teachers.

This motion is very important for us as representatives of the people. I think it is important to have more schools in our constituencies so that pupils do not walk long distances. We should encourage parents to work together with Councillors so that schools are built. Hon. Senators and Councillors are only involved in the development of the constituency; hence it is our business to approach the parents. When families are far from schools and they have school going children, the girl child will end up not going to school. The family will say we cannot allow the girl to walk 20km to and from school, so they will end up deciding that the girl child remains at home and that will lead to disparities.

However, I would like to thank Senator Goto for this motion, it has given us a lot of work so that we realise where we are lagging behind, where we are supposed to work hard and where we are supposed to work in conjunction with Councillors to improve the situation. Thank you Madam President.  

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

Motion put and agreed to.

Debate to resume: Wednesday, 18th November, 2015.

MOTION

PROMOTION OF SPORTS DEVELOPMENT

Third Order read: Adjourned debate on motion on the need to promote sports development in Zimbabwe.

Question again proposed.

*HON. SEN. NCUBE: Thank you Madam President for giving me this opportunity to contribute to this motion which was brought in by Hon. Senator Chimbudzi. I cannot remember properly as to who seconded the mover but I would like to thank the Hon. Senator as well.

The issue of sports is something which we used to look down upon, but right now, it is so important and as a country, we should make sure that we make it important. Sports come in various ways in their various disciplines, people are gifted differently. When we grew up, we did not recognise that if a child is not academically gifted, he or she can do something like sporting. However, with the times that we have moved into, sports are now important because if a child is not gifted academically, that child may be gifted in the sporting arena. What I am trying to say is that, here in Zimbabwe, no matter how important a sport is, the country does not recognise its importance; that is not good at all.

If people are going to be engaged in sporting, they are doing so for money, they should be supported by the Government so that when they start at lower levels, they will reach higher levels. The country should be proud that we have children who can raise the flag of this country high. What saddens us most is that we as Hon. Senators have grounds at our constituencies where children play, whiling up time. They should play such that they benefit from that sport, be it football or any other sport.

My wish though is that when a motion of this nature has been brought to this House, the Government should look at these matters thoroughly. If children read in the newspapers and hear what has transpired in Parliament, when they are supposed to go and play elsewhere in other countries, they will feel that if they play, they will realise something and be able to sustain their lives. Every time when the Warriors, our big team are supposed to go and play, in most cases, they will not have enough resources to perform. Sometimes, they go at short notice and do not get enough time to practice. I feel that, that demotivates them.

          Hon. President, as Senators we have an important responsibility but our problem is that we do not have the money to give them to go out to play. I feel that sport has a Ministry, it is important for children to play sport and get some money. I would like to condemn my country Zimbabwe. I am not going to condemn the Minister because he is also given resources. When resources are being disbursed we should value all Ministries. Let us give the Sports Department enough resources so that our children can play wholeheartedly and raise the flag of the country high.

          In conclusion, our problem as a country – not all organisations are bad but members in those organisations are the ones who are evil. If an organisation is put in place, its purpose is to lead and give guidance so that those in need can be helped easily. I have observed that when it is time to choose the administrators of sport, many people are willing to lead but when they represent those players they do not represent them properly. As of now, we should support sport. There are no jobs, children spend most of their time playing football. At the end of the day they should realise some money out of that so that they can be able to sustain their lives.

          In some countries, footballers are bought with a lot of money. Such people can make the country of Zimbabwe improve and improve their lives as well. That is not possible to be realised because some people have jeopardized that and those youngsters are no longer playing properly. With that Mr. President, I would like to say to the Minister, when they look for people to lead ZIFA, the person should be someone with the passion for football, not people who are after fattening their pockets at the expense of the players. I thank you.

          HON. SENATOR MASUKU: Thank you Mr. President Sir for giving me this opportunity. I would like to thank Hon. Senator Chimbudzi and her seconder who brought this important motion on improving our sports in Zimbabwe. Mr. President Sir, you would realise that when it comes to sports, it help us in different issues like body building and assist in improving one’s academics. It is also a way of creating employment and income generation.

          Therefore, it is very important to prioritise sports in our country. When we talk about sports, I realise that we give top priority to football and forget other sporting activities. We should not forget that there was a time when the flag of our country was lifted high by Kirsty Coventry through swimming. We need to prioritise every sporting activity not only football. I will also give an example of volleyball, golf and many others. We also need to prioritise such sporting activities. We need to urge our children to be involved in different sporting activities right from the tender age when they are still in high schools.

          I also take into consideration that the mover of this motion highlighted that we should build different sporting fields in all the provinces as a country. This is a very important point; this will help us to identify a person’s talent at a tender age. Therefore, we need to support all these children in all the 10 provinces. We need to build different sporting fields where these children can engage in different sporting activities at a tender age. That is where we can identify the talents of various children and choose those who will represent our country. They will improve from district, provincial and up to national level. We can also have a team like one of the teams that we once had long back, which was called ‘dream team’. I do not know whether this team still exists.

          We need to encourage all the youngsters to participate in all sporting activities and we should support them taking into consideration that this is one thing that is important in building one’s future. I have come to realise that in yester-years, as a country we never used to take into serious consideration any sporting activities that are done by women but we realise that women are also lifting our flag high, especially if you look at what the Mighty Warriors have done. Therefore Mr. President Sir, I would like all of us to congratulate our Mighty Warriors for they have done so well. They have represented the mother figure in our country.

Mr. President Sir, I would also want to highlight that when Zimbabwe was playing against Guinea, so many people from Bulawayo filled up the Barbourfields Stadium. The stadium was filled up, which surprised even the Minister of Sports who highlighted that he did not know that people from Bulawayo could fill up the stadium, especially to come and watch soccer. Yes he was expressing his happiness about what the people of Bulawayo had done. However, I would want to urge everyone not to look down upon Bulawayo for you realise that most of those who excelled well in all the sporting activities came from Bulawayo. Also if you look at the Chiedza boys and the Shaya boys, they all used to play in Bulawayo. Bulawayo is a very beautiful city when it comes to sporting activities for they will accept you as you are regardless of your religion - as long as you are supporting or participating in sports.

When it comes to all our sporting activities, in Bulawayo people would come together regardless of their religion, as long as they are playing for the country. Our wish is that such an idea should be carried out throughout the country and everyone adopts it because it is one thing that will improve the sporting activities in our country.

Mr. President Sir, I would want to urge everyone to support all the sporting activities. The Government should take it in a way that anyone who is involved in any of the sporting activities is playing for our country Zimbabwe and not for their team only. This is one thing that people should prioritise and therefore support all the sporting activities.

I also take into consideration that there is one sporting activity that is not prioritized, which is Paralympics. It is not taken seriously, especially in our country. Therefore, I am urging and I am inviting all the members of this august House to support the disabled and try by all means to fully support them as they are playing for our country and not for themselves. Mr. President Sir, when I was doing my research, I remember there is a time when the whole nation would come together to participate in different sporting activities and the participants would be drawn from different ages right from five years up to 90 year olds. They used to meet once per year and I remember we used to give them the names ‘isipatha kiyada.’ We used to have some people excelling well from such kind of groups. This was a way of trying to encourage everyone to participate in sports.

Mr. President Sir, we should therefore try to prioritise all our sporting activities. If it is a major game, it can take two or three days for people to showcase their talents in all different sporting activities and it is a way of improving our sports as a country. You realise that even a 90 year old can run. This will be a lovely sporting activity whereby the 90 year olds will run in a race and at the end we will be able to come up with one person who is the best in that sporting activity. We should therefore urge everyone in our constituencies that all the sporting activities are open to everyone.

I would like to congratulate you Mr. President that as Parliament we have realised that it is important to also participate in sports. As Parliament, we now have our soccer team, however, it should not be soccer only but all the sporting activities should be represented. People can look at us and say if Hon. Senator Masuku is able to play netball, the young ones will be encouraged to also play as well. We should have volleyball, netball teams and any other sporting activity as Parliament. This will encourage even those who are outside Parliament to participate in any of the sporting activities.

I would like to end Mr. President Sir by a point that was brought by a member who moved this motion, which is one thing that destroys our sporting activities. It is one animal that I do not even know how many legs it has but I know it has two legs for it is something that is done by a human being. I do not know whether it is being greedy or whatever but all that I know is, using our western language it is called corruption. This animal called corruption Mr. President Sir, is caused by the fact that in our sporting activities there are some people who think of themselves only and look at an opportunity of improving their lifestyle and not to work for the country. This is one thing that discourages the players who will be participating in whatever sporting activities they are involved in.

Someone who has sports at heart will not allow those who are involved in whatever sporting activities not to go for training because of not being satisfied by the welfare they are receiving. A person who has sports at heart will not rest until all things are in order. Therefore Mr. President Sir, I am looking forward that the Government would encourage especially those who are put in positions of being Ministers of Sports to support our sporting activities so that our flag as a nation could be uplifted.  

Mr. President Sir, it is a disgrace to the nation when we hear that our team was not allowed to play in world games because the subscriptions were not paid up.   Therefore, if we choose someone who has sports at heart and who is fully committed to sports, this person will try by all means to push that our subscriptions as a nation are fully paid up. When this happens, it is not only the team that is punished and embarrassed but the country as a whole.

          Amber light having been switched on.

          Yes, Mr. President, I realise that the amber light has been switched on; I would like to wrap up my contribution by urging the Government and everyone in this House to take note that when we choose our leaders, it is very important to choose someone who has sports at heart to lead our Ministry.

          +HON. SEN. MKWEBU: I want to thank Hon. Sen. Chimbudzi who brought in this motion and the seconder Hon. Sen. Mumvuri. What is there Mr. President with our sporting activities, we realise that we do not make checks and balances on what is being done by the Minister or whoever will be leading that Ministry. What we should realise is that when we look at our players especially those who are in the national team or whatever sporting activity is there, everyone should be involved and participate in that. What I mean by saying this is that those who have spoken before me have highlighted that there are shortages in finances especially when our national teams are supposed to go outside the country.

          Mr. President, it is not the Minister’s fault but it is everyone’s fault, for when they highlight that there is a need to do with the national team going outside the country, everyone especially in this House, should participate in trying to fundraise so that our national team goes outside the country to represent us well. This is one thing that we should take into consideration. It is not the players who are ashamed but the country as a whole. If we come up with fundraising activities or we say a dollar per individual, you realise that almost everyone has a dollar in his or her pocket especially us who are leaders in our communities. It is a disgrace to us as leaders and as many as we are at Parliament, when you combine members of the National Assembly and the Senate, if we all contribute a dollar each, we are able to raise so much. Yes, we may not want to participate but it is a very important issue that we are discussing. There is a lot that has been said.

          We realise that women football was something that was looked down upon but now, everyone is prioritising women football. When you look at them playing, you might think that it is our national team that is playing. One of the previous speakers highlighted that - yes, some of us might say we do not want to participate in any of the fundraising activities, but if we do these in advance and have money in our pockets as a nation, we will not be found wanting especially when it comes to the issues related to our national team travelling – [HON. SENATORS: Inaudible interjections.]-

          THE TEMPORARY PRESIDENT (HON. TAWENGWA ): Order, order, Hon. Sen. Mkwebu, please concentrate on addressing the Chair, do not be disrupted.

          +HON. SEN. MKWEBU: Thank you Mr. President, I would like to urge everyone in this House to also take into consideration that in our sporting disciplines, we also have soccer that is being coached by deaf people. I saw this on television whereby the coach was deaf but he was able to carry out his duty very well. As a country, we should also prioritise any of the games that are done at the Paralympics level so that even those who are disabled, they do not feel isolated because of their condition. As a nation, we should support such kind of people if they are involved in sports, more-so if they are part of the national team.

          When you look at those who are in urban areas, they are the ones who benefit a lot whilst those who are in rural areas are the ones who are always fit for they walk long distances when they are going to schools. Those are the people that we should also involve in any of the sporting activities. It is not easy for them to get support, therefore, I urge the Government to look at this issue. I urge the Government to really take this seriously into consideration, to involve children from rural areas that they participate in any of the sporting activities.   Those are the players who are fit because they walk long distances when going to school. A lot has been highlighted.

I will just add on to what had been said that we realise that this motion has been debated at length and everyone has been emphasising that the Government should support all the sporting activities that we have in this country, be it Warriors which is our national team, swimming or any other sporting activity that is there in this country. I am also emphasising that the Government should support members of all the teams; for anyone who is involved in the national team, we know that they are uplifting our Zimbabwean flag high. With these few words, I thank you Mr. President.

HON. SEN. CHIMBUDZI: I move that the debate be now adjourned.

HON. SEN. MARAVA: I second.

Motion put and agreed to.

Debate to resume: Wednesday, 17th November, 2015.

MOTION

PRESIDENTIAL SPEECH: DEBATE ON ADDRESS

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

          Question again proposed.

          HON. SEN. MAKORE: Thank you very much Hon. President, for giving me this opportunity to highlight my few sentiments on the Presidential Speech. Mr. President, the speeches that are presented in Parliament by the President are there to provide vision and to sort of assess the line of development that we do move and also to make serious contributions towards the seriousness of development that we are all entitled to.

          First of all, I want to look at the alignment of laws that has ever been echoed by the President from the First Session of Parliament, the Second Session of Parliament and the Third Session of Parliament Mr. President. He echoed on the alignment of laws to the Constitution. To me, this is fundamental Mr. President. It is not only alignment of laws but also knowledge of the Constitution. –HON. SENATORS: Hear, hear.]- The President quoted Section 324 of the Constitution. If I may be allowed to read this section to sort of make emphasis.

Section 324 talks of the diligent performance of constitutional obligations, Mr. President. All constitutional obligations must be performed diligently and without delay. To me, this is very fundamental. We have Section 7 of the Constitution which also calls for the interpretation of these laws into vernacular languages. Mr. President, the misunderstanding or not knowing exactly of the constitutional dictates makes people not to realise their rights that are enshrined in the Constitution. There are obligations enshrined in the Constitution as well as their entitlements such as the dignity of a woman, man, girl and boy.

We have seen a lot of violence escalating Mr. President, on the basis that people think they are above the law. Sometimes, we wonder it is perhaps because of not knowing or not knowledgeable about their entitlements. It is alarming that the parties themselves have demonstrated extra-ordinary violence and again, dehumanising each other on a want to take just a position. -[HON. SENATORS: Hear, hear.]- This is alarming Mr. President.

The culture that is emanating is very bad and it is intolerable because we have to leave a legacy that people should also be known to respect each other. It is not one party that I can point but of recent, we have heard exactly that one could take an axe and chop somebody to death on a want of a position. Can I advise this nation that the positions that you are taking are not very important but what is important is humanity. -[HON. SENATORS: Hear, hear.]-   If you take that position, where do you go with that position, what does that mean? A want to that position must be a normal thing. I want to sort of echo this sentiment which perhaps was pronounced by the President but I hasten to say that the speed with which we are moving in terms of aligning laws with this Constitution are very slow.

On the education side, we are also requesting that an attention be given such that a budget be apportioned for the training and education of the society and again, jointly with private partners, they must also take it up to sort of educate people about this Constitution. People must know their freedoms their fundamental rights and that is of prime importance.

The next issue I think in terms of my contribution is the Land Commission, starting from Land Board that existed before. The Land Commission in terms of Section 297 has got very important fundamentals in terms of the functions. It gives us this straight away that while it is very important that a person should own one farm, we have got people having multiple farms yet the Constitution says ‘one family one farm’. The question of auditing Mr. President, is very important. To audit land is to want to know who has land and what are you doing with that land? Land is an economic factor which we believe should not lie derelict without being utilized to the maximum. It is important that a country which was once a bread basket, we should drift quickly to be the bread basket, of Africa. [HON. SEATORS: Hear, hear.] This country is beautiful. We cannot allow the multiplicity of land, just to acquire that land for the purpose of just pointing that I have so many farms. That in itself in terms of this is not fair.

I want to thank the   President so much on the pointer that will also look at the audit as very important. So, the Audit Commission if it is put in place, will do the auditing ensuring accountability, fairness and also transparency in the administration of the agricultural land. That statement that was pronounced by the President himself, to me is onerous because people are too greedy. We become poor because of individual greediness -[HON. SENATORS: Hear, hear.]- They want to take everything to themselves, we should not do this. Some of these people have natural talents that must be known and if you cannot farm do not take a farm. Why should you? If you are like Makore, just live in the urban area and allow those with competencies to do the job for the benefit of the whole society in Zimbabwe. –[HON. SENATORS: Hear, hear.]-

We do not want just to be challenged. Our skin can do, but sometimes we bemoan that we cannot because we fall short of planning that is supposed to take place first before we indulge ourselves into those issues. Let us plan first, have a short, medium and long term. We believe Mr. President that, that in itself is very important.

The other third point that I also looked at is that of flexing laws of indigenisation in which there is a room to sort of negotiate. To me it is onerous. We want to create employment, attract foreign direct investment and the flexibility that is called for by the President, to me is onerous. We are indigenising but indigenisation with meaningful production, absorption of employment opportunities. To me it is very important. If you say you are an indigenous person who cannot grow and thing outside the box, you are supposed to be a contributor. It is also about talents and abilities that people take such things. It is important Mr. President, that you put yourself on a scale first whether you can do it or not. If you are not an employer, you are an employee, get employed. - [HON. SENATORS: Hear, hear.] – If you are an employer then behave like one. Copying is not bad, in fact you must learn to copy. Some people used to say if you are a dunder-head, you may copy with a full stop. That is not it in reality, copy sensible. Copy other things that are better and implement them. That is very important. – [AN HON. SENATOR: Inaudible interjections.] – Thank you for your comment although I did not get it very clearly.

I only wanted to make these remarks, thanking the President on this particular contribution and calling the nation to be very serious in this particular direction that we did take. Thank you for raising this motion, I also read your analysis, to me it was very appeasing. I do not want to take much of your time, thank you.

          HON. SEN. B. SIBANDA: Thank you Mr. President for giving me this opportunity to make a contribution to the Presidential Speech. First and foremost, I want to pledge my total and unreserved loyalty to this nation. Therefore, my criticism and praises should be taken within that context.

          The first point I want to make is, I have listened to Hon. Senators here debating this motion. To some extent, I have been disappointed by some Senators who have assumed that because Senators look neat, fat and over-fed – [HON. SENATORS: Inaudible interjections.] – Yes that has been said in this House, therefore, the people of Zimbabwe have nothing to complain about. I am absolutely certain Mr. President that that has happened. I regret, I also advise that…

          THE HON. DEPUTY PRESIDENT: Please just address the Chair, do not worry about those comments.

          HON. SEN. B. SIBANDA: I would like to remind Senators that our constituency is the grass root therefore, our big concern here must be about the state of the nation in as much as it affects the grass roots, not in as much as it makes us look fat shiny, fat and well fed.

          I want to move on and say the President has challenged us on a number of issues and it is incumbent on us as a senior House in this legislature to take a lot of the suggestions seriously. However, my concern is about the delays that have been associated with proposed legislation, Parliament on and Parliament on. For example, if you look at the Land Commission, the delay in setting it up, I think it is well over due. It should have been set up a long time ago. The land audit should have been set up a long time ago. I seriously believe that it would have changed the food situation in Zimbabwe if it had been taken seriously and implemented as expeditiously as possible.

          Secondly, I would like to refer to Foreign Direct Investments (FDIs). I know that for a long time there has been debate about the direction of the economy. I also know that there has been a hard push that we relax our ideology in order to look in all directions. I am happy to say that when we were at Victoria Falls, one of the Ministers said that it is essential that we look in all directions. I think that is plausible because we cannot be fixated in one direction and hope to improve the fortunes of this land. In order to deal with our foreign direct investment needs, including local direct investments, it is essential as Hon. Sen. Makore has said that we revisit our indigenisation laws. I believe that indigenisation is not a bad agenda but I also believe that it must be tailor-made to suit specific situations.

I also want to emphasize that when last time we raised the issue of violence here, it was felt as if it is an opposition song. It was indicated that we want to appear on the front pages of newspapers. I for one value the lives of each Zimbabwe, young, small political or apolitical.   - [HON. SENATORS: Hear, hear.] – It is when we lose that humanity as a people that all the blessings that God can give us disappear.  

Thirdly, I would like to say that corruption is now endemic in this land. It is essential that we do not treat the subject lowly. We treat the area with respect and give it the attention that it deserves. A lot has been said about it and it is not necessary for me to re-emphasize it.

The President also proposed that we need legislation regarding to our borders and infrastructure. The worst thing that can happen to you, particularly when you move through a border post like Beitbridge, is to have a visitor with you and you are a Zimbabwean. On average, it will take you 10 to 30 minutes to cross on the South African side and it will take you anything from two hours to eight hours to do the same process on our side with the same vehicle, goods and the same passport. You start wondering exactly where our problem is. I therefore, argue that it not the infrastructure that needs attention, it is the mind set, corruption element in this land that needs attention much more than the infrastructure. In fact, if you look at the South African infrastructure in Beitbridge, it is not much more civilized than the infrastructure that we have. It is the difference in our attention to the needs of the people, some of whom are tourists into this land. Their first interface is our border posts.

I then come to a very sensitive area that I want to talk about. Not trying to evoke sentiments, we went through the 1980s and the President came back to us and said we accept it was a moment of madness but we still think an apology was essential. Over the past 12 months, I have witnessed what I believe is an assault on the people of the southern region. The first was when we, as men felt insulted that we impregnate our women, abandon them and go to South Africa.   It is only Zimbabweans that have to leave this country and go to South Africa and the reasons are the same. What boggles my mind is why that should be addressed to the people of the southern region. You will understand that I am not talking about people of a tribe, I am talking about regional people and this dilemma affects every Zimbabwean. I rightly place the responsibility in the hands of this Government; they have created an environment where people are forced to emigrate. They in-turn, turn around and insult us as men of the southern region.

The second is the jibe that was directed at the Kalanga people. It is my strong conviction that we are the children under this Government, all of us and we are equal – [HON. SENATORS: Inaudible interjections.]-

THE DEPUTY PRESIDENT OF SENATE: Whilst we allow interjections, Hon. Sen. Ncube, let us have order please.

HON. SEN B. SIBANDA: I believe that the President should protect all of us equally. Mr. President, I am not Kalanga myself but I get hurt if any Zimbabwean is treated in an unfair manner, particularly on the basis of the place of his origin and ethnicity. I object to that.

The last applies to what has been said about Dr. Nkomo. I believe that unless we learn to treat every Zimbabwean as a valuable citizen of this nation, we lose direction. I distinguish Dr. Joshua Nkomo as the only liberation organisation leader, whose house in 1979, was razed to the ground by the regime with the intention of killing him. He is the only leader, I know of - none other. I also know that in Zambia a lot of planes were brought down in one day and I remember General Walls wailing that these dirt terrorists with their…

HON. SEN. MOHADI: On a point of order! Mr. President, I beg that if we are debating in this House, let us leave out politics because the Hon. Senator is mentioning names of people. I do not think it is appropriate.

HON. SEN. B. SIBANDA: Thank you Mr. President. I am grateful to your ruling. I believe that Joshua Nkomo is not alive, those people from the southern region can defend their political space, but he cannot. I therefore, will attempt to defend it for him. I move on Mr. President and say it is unfair for them to say that about a person of that integrity, a person who in my opinion had the greatest passion for the land redistribution, not only passion innate - [HON. SENATORS: Hear, hear.] - Well considered and executed. Determination for land distribution – to turn around and say Smith tells us he was a lackey of the white man.

I also believe that towards the end of the Lanchester House Conference, Joshua Nkomo consulted no other person except the Patriotic Front, that is a fact and for us because he may not be in a position to answer for himself to say he was a lackey of the white man that is why he did not win the 1980 elections – I think is ill considered.

Mr. President, I invoke and I request the Presidency of this country to lead this nation towards a unity of purpose and I am certain that all the people of this land will follow the Presidency. They will not question them because they will be showing the direction but we cannot show that direction by being divisive among our own people. I thank you, Mr. President – [HON. SENATORS: Hear, hear]-

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

Motion put and agreed to.

Debate to resume: Wednesday, 18th November, 2015.

On the motion of THE DEPUTY MINISTER OF MEDIA, INFORMATION AND BROADCASTING SERVICES (HON. SEN. MATHUTHU), the Senate adjourned at Thirteen Minutes to Four o’clock p.m.

 

Senate Hansard SENATE HANSARD 17 NOVEMBER 2015 VOL 25 NO 14