ADVANCE COPY-UNCORRECTED

 

 

No. 60

 

PARLIAMENT 

 

OF

 

ZIMBABWE

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VOTES AND PROCEEDINGS OF THE SENATE

 

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THIRD SESSION – NINTH PARLIAMENT

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THURSDAY, 26TH AUGUST, 2021

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President of the Senate in the Chair.		Half past Two o’clock pm.
PRAYERS.   Members Present
Baipai E. Charumbira F. Chifamba J. Chikwaka Chief. Chimbudzi A. Chinake V. Chirongoma J.M Chisorochengwe C.C.C Chitanga Chief. Chundu Chief. Denga P. Dube A. Dube M.R	Femai M. Gumpo S. Gweshe K. Hungwe J.D. Hungwe S.O. Khumalo N.M Khupe W. Komichi M. Mabika D. Makone T.M. Makumbe Chief Maluleke O. Mapungwana Chief	Masendu Chief Mathupula Chief Mathuthu T. Matiirira A. Matsiwo Chief Mavetera T. Mavhunga M. Mbohwa M Mavima L.D Mbohwa M Mkwebu A.  Moeketsi V. Mohadi T.B
Moyo G. Moyo T. Mpofu B. Mpofu S. Mudzuri E. Mupfumira P. Muronzi M. Muzenda T.V Mtshane L.K Chief Mwonzora T.D. Ndlovu C.	Ndlovu D.M Ndlovu M. Ndlovu P. Nechombo Chief Nembire Chief Ngungumbane Chief Nhema Chief Ntabeni Chief. Nyambuya M.R Nyangazonke Chief Nyathi R.		Parirenyatwa D.P. Phugeni K. Rwambiwa E. Sekeramayi S.T Shumba C. Siansali Chief Tongogara A. K. Tsomondo B

 

 

In attendance in terms of section 138(4) of the Constitution.

 

Hon. Ziyambi

Hon. F. Mhona

Hon. M. Mudyiwa

Hon. K. Paradza

Hon. R.M. Maboyi

Hoo. Musabayana

Hon. M. Ndlovu

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Order of the Senate

2

 

Absent with leave

 

1. Questions without notice.

 

2. Sen. Komichi, seconded by Hon. Sen. Mohadi, moved: That time for questions without notice be extended by ten minutes.

 

Motion put and agreed to.

 

3. On the motion of the Minister of Information, Publicity and Broadcasting Services: The Senate adjourned at five minutes past four o’clock pm until Tuesday 14^th September, 2021 at half past two o’clock in the afternoon.

 

 

HON. M. M. CHINOMONA

President of the Senate

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TUESDAY, 14TH SEPTEMBER, 2021

 

 

1. COMMITTEE: To resume on the Marriages Bill (H. B.7A, 2019) –The Minister of         Justice, Legal and Parliamentary Affairs (Progress reported 21st April 2021- The          Minister of Justice Legal and Parliamentary Affairs).

 

(Clauses 16 to 54 under consideration)

 

             (See Notice of Amendments)

 

2. SECOND READING: Pension and Provident Funds Bill (H. B. 17A, 2019) – The Minister of Finance and Economic Development.

 

3. HON SEN GUMPO

HON SEN CHIRONGOMA

             

That this House,

 

CONCERNED with the grave and rapid environmental damage arising from high levels of pollution, wanton destruction of forests due to uncontrolled veld fires, desertification, siltation of water bodies including the mighty Zambezi River, its tributaries and Lake Kariba;

 

ALSO CONCERNED that the unabated damage to the environment has far reaching consequences and ramifications to the economic development of the country, particularly as it affects livestock, game, flora and fauna and crops in general:

 

MINDFUL that the country`s waterbodies are the backbone of our economic development and need to be jealously guarded and preserved at all times in order to create a legacy for generations to come;

 

 

 

NOW, THEREFORE, in view of the foregoing, resolves that Parliament must;

• enact laws that culminate in deterrent sentences being meted out to all culprits found committing crimes that damage the environment;

 

• call upon the Executive to liaise with neighbouring countries on issues that relate to the preservation of water bodies such as the Zambezi and Limpopo Rivers so that practical measures are put in place to avert environmental disasters arising from pollution and siltation which in most cases are caused by human beings;

 

 

• urge the parent Ministry to embark on a massive educational campaign countrywide, on the need to preserve the country`s gift of nature, the environment and its natural resources.

 

4. HON SEN CHIEF NDLOVU HON SEN MUZENDA

[Days elapsed: 3]

 

That this House takes note of the Joint Report of the Thematic Committees of on Sustainable Development Goals (SGDs) and Gender Development on the implementation of National Gender Policy in the Small Holder Irrigation Rehabilitation Schemes and Pfumvudza/ Intwasa agriculture programme aimed on eradication hunger, Sustainable Development Goal (SDG) 2 (S.C. 31, 2021).

 

 

5. Adjourned debate on motion on the First Report of the Thematic Committee on HIV and AIDS on the study visit to Uganda on HIV and AIDS Management and financing (S.C. 27, 2021) Adjourned 25th August 2021- Hon Sen Chief Ngungumbane)

 

                                                                                                             [Days elapsed: 2]

 

That this House takes note of the First Report of the Thematic Committee on HIV and

AIDS on the study visit to Uganda on HIV and AIDS Management and financing (S.C. 27, 2021- Hon Sen Chief Ngungumbane.

 

6. Adjourned debate on motion on the need to strengthen the health delivery system in Zimbabwe (Adjourned 25th August 2021- Sen Chimbudzi.)

 

[Days elapsed: 3]

 

 

         Question proposed: That this House,

 

MINDFUL that the health delivery system is based on primary health care approach as defined in the World Health Organisation Alma Atta Declaration of 1978 and enshrined in Section 29 of the Constitution that the State must take all practical measures to ensure the provision of basic, accessible and adequate health services throughout

Zimbabwe;

 

ALSO MINDFUL that the State must take all preventive measures within the limits of the resources available to it, including education and public awareness programmes, against the spread of diseases;

 

DISTURBED by the inadequacy of medical provisions such as drugs and lack of transport to ferry the sick leading to some deaths which can be avoided if such resources are availed;

 

FURTHER DISTURBED by the absence of kidney dialysis machines in Provincial Hospitals leading to untold suffering by patients.

 

NOW, THEREFORE, CALLS upon Government to Partner with the Private Sector in a concerted bid to:

 

1. Strengthen the health delivery system as a way of achieving universal health coverage countrywide;
2. Allocate adequate resources for the procurement of medical supplies and the also for the provision of ambulances and other forms of transport to enhance health service delivery in the country;
3. Consider subsidizing kidney dialysis as it is extremely expensive for our citizens who fall victim to such ailments and
4. Provide decent accommodation to doctors as a way of motivating and incentivising them as they conduct their day to day health delivery services of saving lives of our dear Zimbabweans– Sen Chimbudzi.

 

7. Adjourned debate on motion on Report of the Thematic Committee on Sustainable Development Goals on the Provision of Quality Education, Sanitisation and Hygiene Management in Schools – (Adjourned 25th August 2021- Sen Muzenda)

 

[Days elapsed: 4]

 

 

Question proposed: That this House takes note of the Report of the Thematic Committee on Sustainable      Development Goals on the Provision of Quality Education, Sanitisation and Hygiene Management in Schools (S. C. 15, 2021- Hon. Sen. Chief Mtshane.

 

 

8. Adjourned debate on motion on the Assessment of progress on construction of Covid 19 Treatment, Quarantine and Isolation facilities (Adjourned 25th August, 2021–

            Sen. Dr. Parirenyatwa)

 

[Days elapsed: 4]

 

Question proposed:

 

That this House takes note of the Joint Portfolio Committee on Local Government,    Public Works and National Housing and the Thematic Committee on Peace and    Security on the Assessment of progress made in areas affected by floods and on    construction of Covid-19 Treatment, Quarantine and Isolation facilities (S. C. 14    2021)-– Hon. Sen. Dr. Parirenyatwa.

 

 

9. Adjourned debate on motion on the heroics of Mbuya Nehanda (Adjourned 25th August 2021 – Sen. Muzenda)

 

[Days elapsed: 9]

Question proposed: That this House

 

INSPIRED by the heroics of the legendry Nyakasikana Mbuya Nehanda in the fight against colonialism and oppression during the First Chimurenga war.

COGNISANT that Mbuya Nehanda, as a woman of valor selflessly sacrificed herself to challenge the evil forces of colonialism to the point where she was caught and hanged by the ruthless and callous imperialists who had the audacity to publicly lynch a defenseless woman.

NOW, THEREFORE, RESOLVES to;

1. Applaud the government for recognizing and honoring Mbuya Nehanda by erecting the magnificent statue of the iconic heroine in the city of Harare for all future generations and tourists to see and admire;
2. Call upon all the people of this country to draw motivation and inspiration from the role played by Mbuya Nehamda which culminated in the Second Chimurenga and the ultimate liberation of our citizens;
3. Implore historians to preserve and author undiluted and unbiased literature on the role of other heroines who emulated Mbuya Nehanda and have continued to keep the glowing fire of the spirit of patriotism which was ignited by our iconic leader – Sen. Kambizi

 

 

10. Adjourned debate on motion on the Report of the 65^th Session of the Commission on the Status of Women (Adjourned 25th August 2021 – Sen. Muzenda)

                                                                                          [Days elapsed: 11]

 

Question proposed: That this House takes note of the Report of the 65^th Session of the Commission on the Status of Women on women’s full and effective participation and decision making in public life as well as the elimination of violence for achieving gender equality and the empowerment of all women and girls held virtually from 15^th to 26^th March 2021 – Hon. Sen. Chief Ndlovu.

 

 

11. Adjourned debate on motion on the theft of livestock (Adjourned 25th August 2021 – Sen. Muzenda)

 

[Days elapsed: 12]

Question proposed: That this House

 

MINDFUL that livestock production is the pillar of economic growth among communal farmers in Zimbabwe;

ALSO MINDFUL that livestock provide meat, draught power and are a symbol of security and wealth for most families in the country;

DISTURBED by the diabolical practice of livestock theft to satisfy the selfish gains of criminal individuals;

CONCERNED that the unabated criminal activities by such social misfits does not only reverse the progressive gains of our communities but plunges our communities into object poverty as these thieves operate day and night; NOW, THEREFORE, calls upon:

1. The Ministry of Home Affairs and Cultural Heritage to enforce penalties that apply whenever livestock has been stolen.
2. The Judicial System should ensure that those found guilty of stealing livestock be brought to book regardless of their social and economic standing.
3. Parliament to legislate for more stringent penalties to discourage all those contemplating engaging in such heinous and despicable activities – Sen. A. Dube

 

12. Adjourned debate on motion on the need to provide material and financial support to the SADC initiatives for the development of the liberation history modules (Adjourned 25th August, 2021– Hon. Sen. Tongogara)

 

[Days elapsed: 16]

 

Question proposed: That this House;

 

MINDFUL that Zimbabwe attained its independence after a protracted liberation war;

 

ALSO MIDFUL that SADC played a pivotal role in assisting liberation movements in        Southern Africa.

 

COGNISANT that SADC member states with assistance from UNESCO and SARDC are currently reviewing the liberation struggle history curriculum and developing appropriate materials covering various modules such as, Youth in the liberation struggle and the role of front line states;

 

AWARE that it is essential to document the history of the liberation struggle;

 

DESIROUS to ensure the teaching of liberation history from a national to a regional perspective;

 

NOW, THEREFORE, calls upon;

 

Government to provide material and financial support to the SADC initiatives for    the     development of the liberation history modules- Hon. Sen. Tongogara.

 

 

13. Adjourned debate on motion on the first joint Report of the joint Thematic Committee on HIV and AIDS and Portfolio Committee on Health and Child Care on the Petition from the Advocacy Core Team (ACT) on the age of consent to accessing reproductive health care services by adolescents and young persons in Zimbabwe (Adjourned 25th August, 2021– Sen. Muzenda)

 

[Days elapsed: 13]

 

Question proposed: That this House takes note of the first joint Report of the joint Thematic Committee on HIV and AIDS and Portfolio Committee on Health and Child Care on the Petition from the Advocacy Core Team (ACT) on the age of consent to accessing reproductive health care services by adolescents and young persons in Zimbabwe (S.C. 10, 2021) – Hon. Sen. Kambizi.

 

14. Adjourned debate on motion on the efforts by the government to stabilize the currency (Adjourned 20th July, 2021– Sen. Tongogara)

 

[Days elapsed: 12]

 

Question proposed: That this House;

 

 

RECOGNIZING the frantic efforts by government to stabilize the currency so that goods and services can be affordable to the general populace;

 

ALSO RECOGNIZING the measures put in place by government to curb overcharging by introducing foreign currency auction system for business people and service providers;

 

ACKNOWLEDGING the use of a multiple currency system and as provided at law that prices of commodities be displayed in both foreign and local currency at the official exchange rate;

 

GRATEFUL that a new Commission to protect consumers from being unscrupulously overcharged was established;

 

CONCERNED that most of the measures put in place by government to bring normalcy to the economy by stabilizing prices are not being adhered to by manufacturers and service providers;

 

NOW, THEREFORE, CALLS upon the Executive to deploy teams to monitor;

1. Adherence to official exchange rates; and
2. The pricing of goods and services countrywide – Sen. Tongogara.

 

 

15. Adjourned debate on motion on the sexual harassment and violence against women (Adjourned 25th August, 2021– Hon. Sen. Mupfumira)

 

[Days elapsed:12]

 

Question proposed: That this House:

 

 

AWARE that section 51 of the Constitution prescribes that every person has a right to have his or her dignity respected and protected;

 

MINDFUL that Parliament of Zimbabwe drafted and adopted an institutional Gender Policy in 2017 and 2019 respectively;

 

ALSO MINDFUL that in its conferences of 2019 and March 2021 the Commission on the Status of Women is calling for mechanisms that address sexual harassment to be put in place;

 

COGNISANT that Parliament of Zimbabwe is a member of the Inter-Parliamentary Union which recently conducted a session on sexual harassment and violence against women;

 

CONCERNED that the absence of legislation directly speaking to sexual harassment disadvantages female participation in public life;

 

NOW, THEREFORE, calls upon Parliament:

 

1. To implement the institutional Gender Policy;
2. To implement the Inter-Parliamentary Union Gender Sensitive Toolkit;
3. To enact legislation dealing with sexual harassment matters in all forms – Hon Mupfumira.

 

___________________________________________________________________________ THURSDAY, 16TH SEPTEMBER, 2021

 

           QUESTIONS FOR ORAL ANSWERS

 

v       QUESTIONS WITHOUT NOTICE

 

*     QUESTIONS WITH NOTICE

 

*1.        HON. SEN. MABIKA: To ask the Minister of Public Service, Labour and Social Welfare to inform the House how long it takes to declare a pauper’s burial considering the increasing numbers of unclaimed bodies in Chipinge and the unbearable stench that is emitted out of such mortuaries.

 

[Transferred 22 July 2021]

 

 

NOTICE OF AMENDMENTS

 

Marriages Bill, 2019 (H.B. 7, 2019)

AMENDMENT OF CLAUSE 16 (SOLEMNISATION OF CUSTOMARY LAW MARRAIGES)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 8 of the Bill, delete sub-clause (5) on lines 30 and 31 and substitute the following subclasses:

“(5)  A marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity of the parties to the proposed marriage, to the agreements relating to marriage consideration (lobola or roora), if any, and to the existence of impediments to the marriage.”

NEW CLAUSE SUBSTITUTED FOR CLAUSE 17

 

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

Delete Clause 17 on page 8 of the Bill and substitute the following clause:

17       Unregistered customary law unions

• In the interests of the mutual international recognition of marriages, and to enable Zimbabwe to comply with Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962, of the United Nations, a marriage contracted solely according to customary law and not solemnised in terms of this Act must be solemnised and registered under this section by the parties to such marriage within five years of the date the union was entered into or as soon thereafter as is possible.
• Subject to subsection (3), a marriage officer in a customary law marriage to which this section applies may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity and ages of the parties to the proposed marriage, and (but this factor in itself shall not constitute an impediment to the marriage) to the agreements relating to the payment of marriage consideration (lobola or roora), if any.
• No marriage officer shall solemnise and register a marriage under this section unless the parties to the proposed marriage produce to the marriage officer
• an affidavit jointly sworn to by them to the effect that they have been living together as man and wife for at least five years or more, and that they are not related to each other within any prohibited degree of kinship that is recognised by their community as an impediment to marriage between them; and
• affidavits by two witnesses (of whom one witness must be a relative of the bridegroom and the other a relative of the bride) corroborating the fact that the proposed marriage partners have been living together as man and wife for five years or more and that they are not related to each other within the degree of kinship referred to in paragraph (a)
• The period of five years referred to in this section shall not include any period during which either of the parties was below the age of eighteen years at the time that they purportedly began to live together as man and wife.
• Failure to register a marriage contracted at customary law does not affect the validity of the marriage at customary law with respect to the status, guardianship, custody and the rights of succession of the children of such marriage.”

AMENDMENT OF CLAUSE 42 (CIVIL PARTNERSHIPS)

BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

On page 15 of the Bill, delete sub-clause (6) on lines 30 and 31 and substitute the following subclasse:

“(6)  Where one of the parties in a civil partnership is legally married to someone else (hereinafter called the spouse), a court applying sections 7 to 11 of the Matrimonial Causes Act to the division, apportionment or distribution of the assets of the civil partnership shall pay due regard to the rights and interests of the spouse of the civil partner and ensure that its order shall not extend to any assets which are proved, to the satisfaction of the court, to be properly belonging (whether jointly or individually) to the aforesaid spouse of the civil partner”.