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SENATE VOTES 06 APRIL 2017 NO 48

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No. 48

                                                    

PARLIAMENT

 

OF

 

ZIMBABWE

 

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VOTES AND PROCEEDINGS OF THE SENATE

 

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FOURTH SESSION – EIGHTH PARLIAMENT

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THURSDAY, 6tH APRIL, 2017

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                                                      Half past Two o’clock pm.

 

Deputy President of the Senate in the Chair.

    

Bhebe M,

Bhobho H,

Buka F,

Chabuka K,

Chiduku Chief,

Chifamba J,

Chimanikire A,

Chimbudzi A,

Chimhini D.A,

Chimutengwende C.C.C,

Chipanga T.S.

Chisunga Chief,

Chitanga Chief,

Dandawa Chief,

Gampu Chief

Goto R,

Gwenzi Chief,

Jadagu G.T,

Juba A,

Khumalo D.T,

Komichi M,

Machingaifa T,

Mabhugu F,

Makore J,

Makwarimba C,

Maluleke Muhlawa O,

Marava M,

Marozva Chief,

Masendu Chief,

Mashavakure N,

Mathuthu T.A,

Mavhunga M,

Mawire J,

Mkhwebu A,

Mlotshwa S,

Moeketsi V

Mtshane Chief,

Mugabe C.T,

Mumvuri D.D.E,

Muronzi M,

Murwira T,

Musaka M.B,

Musarurwa Chief E.M,

Muzenda T.V,

Ncube S,

Ndlovu J,

Nebiri Chief,

Nembire Chief,

Ngungumbane Chief,

Ntabeni Chief,

Nyamukoho Chief,

Nyakazonke Chief,

Nyathi R,

Shiri A,

Siansali Chief,

Sibanda A,

Sibanda B,

Tawengwa C.Z,

Timveous L,

 

In attendance in terms of section 138(2) and (3) of the Constitution

Hon. Min. Dr. Gumbo J, Hon. Min. Hlongwane M, Hon. Deputy  Min. Mguni O, Hon. Min. Muchinguri-Kashiri O, Hon. Deputy Min. Zhanda P.

 

Printed by Order of the Senate

 

Absent with Leave

Hon. Carter M.N, Hon. Sen. Chizema C, Hon. Sen. Masuku A, Hon. Sen. Matiirira A, Hon. Sen. Mohadi,  Hon. Sen. Moyo S.K, Hon. Sen. Mutsvangwa M,

 

1.         Questions without notice

 

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

            Motion put and agreed to.

 

3.         Questions with notice

 

4.         The Minister of Environment, Water and Climate, with leave, moved: That

 

WHEREAS Section 327(a) of the Constitution of Zimbabwe provides that any international treaty which has been concluded or executed by or under the authority of the President shall be subject to approval by Parliament;

 

WHEREAS the Republic of Zimbabwe signed the Paris Agreement on Climate Change at the United Nations Headquarters in New York, United States of America on the 22nd of April 2016;

 

WHEREAS the Republic of Zimbabwe is desirous of ratifying the Paris Agreement on Climate Change;

 

WHEREAS Article 21(1) of the Paris Agreement on Climate Change provides that the same shall come into force on the thirtieth day after the date on which at least 55 parties to the Convention accounting in total for at least an estimated 55percent of the total global greenhouse gas emissions have deposited their instruments of ratification, ratification, acceptance, approval or accession;

 

NOW THEREFORE, in terms of section 327(2)(a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Agreement be and is hereby approved for ratification.

 

Motion put and agreed to.

 

5.         On the motion of the Minister of Environment, Water and Climate: The Senate

adjourned at  eleven minutes to five o`clock p.m until Tuesday, 2nd May, 2017 at half past two o’clock in the afternoon.

 

                                                                                         

                                                                                                C.C.C.CHIMUTENGWENDE                                                                                              Deputy President of the Senate.

                                       

 

 

TUESDAY, 2ND MAY, 2017

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         The Minister of Environment, Water and Climate

 

THAT WHEREAS Section 327 (2) (a) of the Constitution of Zimbabwe provides that any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international Organisations shall be subject to approval by parliament;

 

WHEREAS Zimbabwe signed a Bilateral Agreement with Mozambique on the Pungwe Watercourse on 11 July 2016;

 

AND WHEREAS Article 22 (1) of the Agreement provides it shall enter into force thirty (30) days after the deposit of the instrument of ratification by the parties;

 

NOW THEREFORE, in terms of Section 327 (2) (a) of the Constitution of Zimbabwe, this House resolves that the aforesaid Bilateral Agreement between Zimbabwe and Mozambique on the Pungwe Watercourse be and is hereby approved for acceptance.

 

2.         Second Reading: National Competitiveness Commission Bill, (H.B.6, 2016)—The Minister of Lands and Rural Resettlement

 

 

3.         Committee:  To resume on consideration of an adverse report by the Parliamentary Legal Committee on the Land Commission Bill (H.B. 2A, 2016) (Progress reported 5th April, 2017)-Hon Samukange

 

 

4.         Adjourned debate on motion in reply to the State of the Nation Address – (Adjourned 5th April, 2017 –Hon Sen Chipanga).

 

                                                                                                          [Days elapsed: 23]

 

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 the 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. Sen. Chipanga.

 

 5.        Adjourned debate on motion in reply to the Presidential Speech-(Adjourned 4th April, 2017 – Hon Sen Rtd. Gen Nyambuya).

                                                                        [Time elapsed: 2 hrs. 11 minutes]

 

Question proposed: That a respectful address be presented to the President of Zimbabwe as follows –

 

May it please you, your Excellency 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. Sen. Rtd. Gen. Nyambuya

 

6.         Hon. Sen. Timveos

Hon. Sen. Masuku

           

That this House takes note of the First Report of the Thematic Committee on HIV and AIDS on HIV and AIDS in Institutions of Higher Learning in Zimbabwe. [S.C. 7, 2017].

 

7.         Hon. Sen. Timveos

            Hon. Sen. Chimhini

           

            That this House;

 

RECALLING ongoing efforts of the African Union to move towards the adoption of a Draft “Protocol to the African Charter on Human and Peoples’ Rights on the Right to Nationality and the Eradication of Stateless in Africa:,

 

TAKING NOTE of the conclusions and Recommendations on statelessness adopted by the SADC “Technical Migration Dialogue for Southern Africa Addressing Mixed Migration in Southern Africa: Linking Protection, Immigration, Border Management and Labour Migration, Gaborone, Botswana from 16-18 August 2016”,

 

ACKNOWLEDGING the Conclusions of the “Conference on Ensuring Everyone’s Right to Nationality: The Role of Parliaments in Preventing and Ending Statelessness, Co-organised by the Parliament of South Africa, the inter Parliamentary Union and the Office of the United Nations High Commissioner for Refugees, from 26 to 27 November 2015”;

 

RECOGNISING the requirement by the Sustainable Development Goals (SDGs) endorsed by the UN General Assembly on 25 September 2015, in particular SDG target 16,9 to provide by 2030 legal identity for all, including birth registration;

 

FURTHER RECOGNISING the numerous formal pledges of SADC Member States to accede to the 1954 UN Convection relating to the Status of Stateless Persons and the 1961 UN Convention on the Reduction of Statelessness and the Recommendations from the Human Rights Council’s Universal Periodic Review to the same effect.

 

COGNISANT that the Zimbabwe National Constitution provides for Fundamental Human Rights and Freedoms incorporating the right of children to a name and provision of identity documents;

 

NOW THEREFORE calls upon the Government to:

i)                    Resolve any existing situations of statelessness within our own country;

ii)                  Review the legislative frameworks and administrative practices in nationality matters with a view to ensure their consistency with the Zimbabwe Constitution and International standards on the prevention and resolution of statelessness, as well as on protection of stateless persons;

iii)                Initiate legislative reforms which address any identifies gaps or challenges, including any discrimination on the basis of race, ethnicity, religion or gender, thereby helping to prevent statelessness;

iv)                Ensure gender equality as regards the equal right of men and women to pass on their nationality to their children and spouses and to change or retain their nationality.

v)                  Expedite the implementation of Article 6(4) of the African Charter on the Rights and Welfare of the Child, thereby preventing childhood statelessness;

vi)                Establish and maintain comprehensive birth registration and civil registration systems within Zimbabwe with a view to prevent statelessness;

vii)              Accede to the 1954 UN Convention relating to the Status of Stateless Persons, the 1961 UN Convention on the Reduction of Statelessness and the 1990 UN Convention on the Rights of all Migrant Workers and Members of their Families.

viii)            Support the drafting, adoption and ratification of a Protocol to the African Charter on Human and People’s Rights on the Right to Nationality and the Eradication of Stateless in Africa.”

 

8.         Adjourned debate on motion on stray dogs and other domestic animals (Adjourned

5th April, 2017 – Hon. Sen. Mawire).

                                                                        [Days elapsed: 9]

 

           Question proposed: That this House -

 

DISTURBED by the persistent problems posed by stray dogs and other domestic animals to their surrounding neighborhood and communities countrywide;

 

 

COGNIZANT that all animals are protected under the laws of the country;

 

CONCERNED that owners of such stray animals denigrate on their responsibilities to look after them, thereby bestowing the onus to do so on other members of the community;

                                        

INCENSED by the fact that some people have suffered from bites inflicted on them by rabid dogs and have faced challenges in getting proper medication while others have been involved in fatal accidents caused by such animals;

 

NOW THEREFORE, calls upon the Local Authorities and the Society for Prevention of cruelty to Animals to:

 

a)      Enforce laws that do not only protect the stray animals but also safeguard the lives of people;

b)      Prosecute owners of stray animals and also ensure that proper facilities are constructed for the safe custody of such animals- Hon Sen Mawire

 

9.         Adjourned debate on motion on alignment of the Electoral Act to the Constitution

(Adjourned 5th April, 2017 – Hon Sen Timveos)

 

[Days elapsed: 14] 

            Question proposed:  That this House:

 

ACKNOWLEDGING the progress made by the Zimbabwe Electoral Commission(ZEC) towards assuming its Constitutional mandate of ensuring that elections are conducted efficiently ,freely, fairly, transparently and in accordance with the law;

 

FURTHER ACKNOWLEDGING the financial restrictions facing ZEC due to scarcity of resources allocated by the Treasury and the interest from the international donors, including UNDP, to assist in supporting ZEC as a key pillar of democracy;

 

AWARE that the desire by government to engage the International Community as  economic partners for the development of Zimbabwe will also be enhanced by inviting the widest range of international players to observe and monitor  our national  elections;

 

AWARE that the holding of a transparent, free and fair election in 2018 will depend on the integrity of the voters roll as well as an enabling environment;

 

NOTING the slow process of aligning the Electoral Act to the constitution means that there are areas wherein ZEC is acting unconstitutionally and that there have been actions by ZEC which have not been aligned even to the Electoral Act;

 

NOW, THERFORE, calls upon

 

a)      The Government to expeditiously align the provisions on ZEC to the Constitution;

b)      ZEC to urgently engage with partners to implement the biometric voters roll in order to fulfill the Constitutional mandate;

c)      Government to align the Electoral Act with the Constitution and crate an electoral environment that complies with Article 17 of the African Union Charter on free and fair elections – Hon. Sen. Timveos

10.       Adjourned debate on motion on SADC Model law on eradicating Child Marriages (Adjourned 5th April, 2017- Hon Sen Tawengwa)

 

[Days elapsed: 16]

Question proposed: That this House:

 

            MINDFUL that the SADC Model Law is a milestone in eradicating the matrimony of the children and also in protecting those who are already in marriage;

 

APPRECIATIVE that the Model Law embraces all concepts on the prohibition of child marriages as adopted in Swaziland in 2016;

 

DESIROUS to see the end to child marriages as well as any retrogressive measures and hurdles that mitigate against the eradication of such unions;

 

NOW, THERFORE calls upon Government to domesticate provisions of the Model Law as part of our statutes-Hon Sen. Mohadi.

             

11.       Adjourned debate on motion on advocating for unequivocal support for the National 

School Pledge by all Members of Parliament- (Adjourned 5th April, 2017- Hon. Sen. Chimbudzi)

                                                                                                     

  [Days elapsed: 22]

           Question proposed: That this House:

 

APPLAUDING the noble initiatives by the Government to inculcate a culture of patriotism, unity of purpose and common desire for equality and justice as mandated by the Constitution.

 

DETERMINED to overcome any challenges that impede our resolve to cherish and uphold the fruits of our hard won independence;

 

COMMITTED to building a united and prosperous nation founded on core values of integrity and hard work anchored on the Constitution as the supreme law of the land,

 

DESIROUS to foster a strong sense of patriotism among school children as is the traditional practice in the global village.

 

NOW THEREFORE, strongly advocates for unequivocal support for the National School Pledge by all Members of Parliament- Hon Sen. Chimbudzi. 

 

12.       Adjourned debate on motion on violence that had become a socio-political way of life among the people of Zimbabwe- (Adjourned 5th April, 2017- Hon. Sen.  B Sibanda)

                                                                                                      

  [Days elapsed: 22] 

 

           Question proposed: That this House:

 

NOTING that violence has become an integral part of our socio- 

           political way of life;

 

CONCERNED that we cannot build a progressive developmental nation within a violent environment;

 

CONCERNED about the violence oriented and negative legacy we are developing as a nation;

 

NOW THEREFORE calls upon this House:

a)      To denounce all forms of violence being perpetrated upon and among the

people of Zimbabwe;

 

b)      To call upon the law enforcement arms of government to enforce law and order without fear or favour;

 

c)      To admonish political parties so that they desist from the use of violence in order to impose their will on the people of Zimbabwe.

 

d)     To challenge the executive to fulfill its constitutional obligation by respecting human rights in terms of section 48-78 of the constitution of Zimbabwe. –Hon. Sen. B. Sibanda.

13.    Adjourned debate on motion on Zimbabwe’s low population (Adjourned 5th April, 2017- Hon. Sen.  Musaka )

 

  [Days elapsed: 17] 

 

 Question proposed: That this House: -

           

CONCERNED with difficulties to attract effective investors to Zimbabwe for sustainable profitable investment due to Zimbabwe’s low population;

 

FURTHER CONCERNED that most non-governmental Organizations diligently promote birth control down wards instead of encouraging family planning for prolife that is population growth;

 

CURRENT world trend in population are to encourage large families so as to grow market for products;

 

Now therefore, this House resolves that the Zimbabwe Government should encourage large families as follows;

 

a)      Give incentives to families to have a minimum of eight children;

b)      NGOs and Organisation promoting birth control should now be requested to promote family growth-Hon. Sen. Musaka

 

14.        Adjourned debate on motion on the Second Report of the Thematic Committee on

Gender and Development on Early Child Marriages- (Adjourned 29th March, 2017- Hon Sen. Masuku).  

[Days elapsed: 38]

 

Question proposed: That this House takes note of the Second Report of the Thematic Committee on Gender and Development on Early Child Marriages (S. C. 11, 2016) Hon. Sen. Makore.

 

 

 

THURSDAY, 4TH MAY, 2017

 

 

       QUESTIONS WITHOUT NOTICE.

 

*          QUESTIONS WITH NOTICE

 

*1.       Hon. Sen. Timveos:  To ask Minister of Finance and Economic Development to explain:

(a)    Whether any money has been budgeted to cater for the Shabanie Mine workers who have not been paid for the past eight years, considering that the mine managers in charge of affairs are dismissing the workers.

(b)   What criteria is being used to pay fifty dollars a month for some of the workers who are still at Shabanie Mine.

(c)    Whether money paid by Midlands State University students who are renting the mine houses goes to Treasury and if so, why is it not being used to cater for the workers’ salaries.

[Deferred from 16th February, 2017]

 

*2.       Hon. Sen. Timveos :To ask the Minister of Finance and Economic Development to inform the House what plans are in place to alleviate challenges posed by lack of point of sale fiscal machines in view of the fact that such machines are not readily available in the country, a situation that has affected business.

[Transferred on 23rd February 2017]

*3.      Hon. Sen. Timveos: To ask the Minister of Health and Child Care to inform the House what plans  the Ministry has  in place to save lives that are frequently lost due  to prohibitive costs of blood which requires as much as one hundred and twenty dollars a pint to buy.

[Deferred from 16th February, 2017]

 

*4.       Hon. Sen. Chimhini: To ask the Minister of Health and Child Care, to give a progress report on Chiramba Clinic in Ward 4, Chimanimani West which was constructed through CDF Program in 2011 and to clarify why the clinic is still not operational thereby disadvantaging the community which contributed its labour and local material for their benefit.

[Deferred from 16th March, 2017]

 

*5.       Hon. Sen. Goto: To ask the Minister of Health and Child Care, to inform the House the measure in place to assist those school children who have developed anemia after donating their blood.

[Deferred from 16th March, 2017]

 

*6.       Hon Sen. Chimbudzi: To ask the Minister of Higher and Tertiary Education, Science and Technology Development to explain the Ministry’s position regarding the implementation of policy on HIV/AIDS at institutions of higher learning in the country.                          

                                                                                          [Deferred from 2nd February, 2017]

 

*7.       Hon. Sen. Mohadi:  To ask the Minister of Mines and Mining Development whether

   the Ministry has plans to revive the Thuli Coal Mine in Beitbridge West.    

  

[Deferred from 16th March, 2017]

                                                              

*8.       Hon. Sen. Mohadi:  To ask the Minister of Mines and Mining Development to explain:

(a)    the measures the Ministry is taking to ensure that mining firms rehabilitate the environment degraded by mining operations.

(b)   what the Ministry is planning about Chitulipasi Coal Mine in Beitbridge East Constituency.

[Deferred from 16th March, 2017]

 

*9.       Hon. Sen. Chimhini: To ask the Minister of Industry and Commerce, to inform the House the sectors of the economy which are performing above expectations given the fact that there is no tangible economic growth in the face of continued company closures in all urban centres.

[Deferred from 16th March, 2017]

 

*10.     Hon. Sen. Goto: To ask the Minister of Agriculture, Mechanisation and Irrigation Development,

a)      To inform the House what plans the Ministry has in place to provide adequate transport to Agriculture Extension Officers in order to enable them to monitor command agriculture, in view of the fact that the current fleet is inadequate.

b)      To state the steps taken by the Ministry to ensure adequate provision of stationary to the Agriculture Extension Officers.

 

[Deferred from 16th March, 2017]

 

*11.     Hon. Sen. Buka: To ask the Minister of Women’s Affairs, Gender and Community Development, to state the measures in place to ensure that women in both urban and rural areas are knowledgeable of the women’s socio-economic and political rights as enshrined in the Constitution of Zimbabwe.

[Deferred from 16th March, 2017]

 

 

 

MEETINGS OF COMMITTEES

                

 

 

Tuesday, 2nd May, 2017

 

At 1000 hours in Committee Room 413.

 

Sustainable Development Goals:  Hon. Sen. Mtshane Chief-(Chairperson) Hon. Sen. Bhobho, Hon. Sen. Chifamba J, Hon. Sen. Dandawa Chief, Hon. Sen. Gwenzi Chief, Hon. Sen. Khumalo D. T,  Hon. Sen. Komichi M.B, Hon. Sen. Makwarimba C, Hon. Sen. Masendu Chief, Hon. Sen. Masuku A, Hon. Sen. Mathuthu T. A, Hon. Sen. Mkwebu A, Hon. Sen. Mlotshwa S, Hon. Sen.  Moeketsi V, Hon. Sen. Mugabe C.T, Hon. Sen. Muronzi M., Hon. Sen. Shiri A, Hon. Sen. Siansali Chief, Hon. Sen. Tawengwa C. Z. (Committee Clerk—Mrs. C. Mataruka)

 

 

 

Wednesday, 3rd May, 2017

 

At 0900 hours in Committee Room No. 4.

 

Human Rights: Hon. Sen. Rtd Gen. Nyambuya M.-(Chairperson) Hon. Sen.  Buka F,  Hon. Sen. Carter M,  Hon. Sen. Charumbira Chief, Hon. Sen. Chimhini D.A, Hon. Sen. Chipanga T, Hon. Sen. Chisunga Chief, Hon. Sen. Gampu IV Chief, Hon. Sen. Machingaifa T, Makone T, Hon. Sen. Makore J, Hon. Se. Makwarimba C, Hon. Sen., Hon. Sen. Maluleke O.  Hon. Sen. Manyeruke J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mtshane Chief, Hon. Sen. Muronzi M, Hon. Sen. Musaka M.B, Hon. Sen. Nebiri Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Nyangazonke Chief, Hon. Sen. Siansali Chief, Hon. Sen. Sibanda B, Hon. Sen. Sinampande H. (Committee Clerk—Mr. S. Manhivi)

 

 

Thursday, 4th May, 2017

 

At 0900 hours in Committee Room 4. 

 

Peace and Security: Hon. Sen.  Mumvuri D.D.E -  (Chairperson) Hon. Sen. Carter M,  Hon. Sen. Chabuka K., Hon.Sen. Charumbira Chief, Hon. Sen. Chiduku Chief, Hon. Sen. Chimbudzi A, Hon. Sen. Chipanga, Hon. Sen. Dandawa Chief, Gampu Chief, Hon. Sen. Jadagu G.T, Hon. Sen. Komichi M, Hon. Sen. Machingaifa T, Hon. Sen. Makone T, Hon. Sen. Makore J, Hon. Sen. Marava M, Hon. Sen. Mawire J, Hon. Sen. Mohadi T.B, Hon. Sen. Musaka M.B, Hon. Sen. Musarurwa Chief, Hon. Ncube S., Hon. Sen. Nembire Chief, Hon. Sen. Ngungumbane Chief, Hon. Sen. Rtd Gen. Nyambuya M, Hon. Sen. Nyamukoho Chief, Hon. Sen. Ntabeni Chief, Hon. Sen. Sibanda A, Hon. Sen. Sinampande H.M, Hon. Sen. Timveos. (Committee Clerk—Mr. A. Kunzwa)

 

At 0900 hours in Committee Room No. 413

 

Indigenisation and Empowerment: Hon. Sen.   Chizema M- (Chairperson), Hon. Sen. Bhebe M,   Hon. Sen. Bhobho  H. Hon. Sen. Chimanikire A, Hon. Sen. Chief Chitanga, Hon.  Sen. Dandawa Chief,  Hon. Sen. Goto R, Hon. Sen. Juba A, Hon. Sen. Maluleke O. M, Hon. Sen.  Marozva Chief, Hon. Sen. Mashavakure N, Hon. Sen. Matiriira A,  Hon Sen. Mavhunga M, Hon. Sen. Mlotshwa S, Hon. Sen. Murwira T, Sen. Ndlovu J,  Hon. Sen. Chief Nembire, Hon. Sen.  Nyamukoho Chief, Hon. Sen.  Nyangazonke Chief, Hon. Sen. Nyathi R, Hon. Sen.Tawengwa C.Z.  (Committee Clerk—Mrs. E. Mafuruse)

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