13 June 2012 Vol 40 - Zimbabwe Parliament

No. 40 

ADVANCE COPY- UNCORRECTED 

PARLIAMENT 

OF 

ZIMBABWE 

_________________ 

VOTES AND PROCEEDINGS OF 

THE HOUSE OF ASSEMBLY 

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FOURTH SESSION – SEVENTH PARLIAMENT 

_________________ 

WEDNESDAY 13TH JUNE 2012 

_________________ 

The Speaker in the Chair 

Quarter past two o'clock p.m. 

PRAYERS 

Members Present

Baloyi A, 

Beremauro G, 

Bhasikiti K, 

Biti L.T 

Chaderopa F 

Chambati T.S 

Chamisa N 

Chanetsa P.T, 

Chibaya A. 

Chebundo B, 

Chidakwa B, 

Chikwinya S, 

Chimanikire G, 

Chimbetete W.M 

Chimhini D.A, 

Chininga E.T.C, 

Chirongwe R, 

Chirume O 

Chitando J 

Chitima A, 

Cross E.G 

Denga P 

Dokora L.D.K 

Dongo G.Z 

Dube M 

Dzingirai I 

Dzirutwe G 

Dzinotyiwei H A 

Gabbuza J, G 

Garadhi S 

Goche N.T. 

Gonese I.T 

Goto R 

Gumbo J.M. 

Gwiyo C.C 

Hove S.R 

Jembere E 

Jiri M 

Kachepa N 

Kagurabadza 

M.T 

Kanzama F 

Kapesa R 

Karenyi L 

Kay J.I.H 

Khumalo S.S, 

Khumalo T 

Kumalo M 

Mabhena G 

Machacha C 

Madubeko J 

Madzimure W 

Madzore P 

Mafios I.D 

Mahlangu T 

Mahoka S 

Majome F.J 

Makamure R 

Makone T.M 

Makuyana M 

Mandebvu N.T 

Mangami D 

Mangena J 

Mangoma E.S 

Mangwana M.P 

Maposhere D 

Maramwidze E 

H 

Mare M 

Masaiti E 

Mashakada T 

Matamisa E.E 

Matibe T.P 

Matienga M 

Matimba T 

Matinenga E.T 

Matonga B 

Matshalaga O 

Matutu T 

Mavima L.D 

Mazikana P.H 

Mbwembwe E 

Mhandu C 

Mhashu F.G 

Mhlanga A 

Mlambo M 

Mnangagwa E.D 

Mnkandlha T 

Mohadi K.C.D 

Mombeshora D.T 

Moyo E 

Moyo R 

Moyo S 

Mpukuta L 

Muchauraya P 

Mudarikwa S 

Mudau M 

Mudavanhu E 

Mudiwa S 

Mudzuri E 

Mudzuri H 

Muguti C 

Mukanduri S.T 

Munengami F 

Mungofa P.T 

Munjeyi G 

Mushonga S.L 

Mushore L 

Musumbu E 

Mutambara AG

Mutinhiri A 

Mutsekwa G.T 

Mutseyami C.P 

Muza I 

Mwonzora D.T 

Navaya E 

Ncube S 

Ndebele G 

Ndhlovu A 

Nemadziva N 

Nezi W 

Ngwenya B 

Nkomo S.S 

Nyakudanga O 

Nyamudeza S 

Nyamupinga 

B.B 

Nyaude B 

Parirenyatwa 

D.P 

Sai S 

Samkange 

N.T.C 

Sansole T.W 

Saruwaka T.J.L 

Shirichena E 

Shoko M 

Sibanda D.S 

Printed by Order of the House 

Sibanda F.M 

Sibanda P.N 

Sindi C 

Sithole A 

Sululu A 

Tachiona M 

Tazviona R 

Tshuma B 

Varandeni J 

Zhuwao P 

Zinyemba M 

Zwizwai M. 

Apologies 

Hon. Buka Hon. Chidakwa, Hon. Chinamasa, Hon Chivamba, Hon. Chombo, 

Hon Khumalo N.M, Hon. Langa, Hon. Mombeshora, Hon. Mutsekwa, Hon 

Mutomba, Hon. Nyanhongo, Hon. Shoko, Hon Huruba, 

1. The Speaker announced an error on the Order Paper on page 509. The Order on 

the Second Reading of the National Incomes and Pricing Commission Bill should 

be number 28 and the rest of the orders re-numbered accordingly. 

2. Questions without Notice 

3. Questions with Notice 

4. At 25 minutes past 4 o’clock, the Minister of Constitutional and Parliamentary 

Affairs with leave, moved: That time for questions with Notice, for today, be 

extended to enable Ministers present in the House to answer questions. 

Motion put and agreed to. 

5. On the motion of the Minister of Constitutional and Parliamentary Affairs: The 

House adjourned at a quarter to six o' clock p.m. 

L.N. M. Moyo 

Speaker.

THURSDAY, 14 JUNE 2012 

ORDERS OF THE DAY AND NOTICES OF MOTIONS 

1. COMMITTEE: ZIMBABWE Human Rights Commission Bill (H.B. 2, 2011)- 

The Minister of Justice and Legal Affairs 

(See Notice of Amendments) 

2. SECOND READING : National Incomes and Pricing Commission Bill (H.B. 10, 

2010) - The Minister of Industry and Commerce. 

3. COMMITTEE: Consideration of an Adverse Report by the Parliamentary Legal 

Committee on the Electoral Amendment Bill (H.B. 3, 2011) – Hon. Mushonga 

4. SECOND READING : Older Persons Bill (H. B.1,2011) – The Minister of Labour 

and Social Services. 

5. CO-MINISTER OF HOME AFFAIRS 

THAT WHEREAS subsection (1) of Section 111B of the Constitution of 

Zimbabwe provides that any convention, treaty or agreement acceded to, 

concluded or executed by governments or international organisations shall be 

subject to approval by Parliament; 

WHEREAS the Government of the Republic of Zimbabwe ratified the United 

Nations Convention against Transitional Organisation Crime of 9 th July 2007; 

AND WHEREAS the Government of the Republic of Zimbabwe now desires to 

ratify the United Nations Protocol to Prevent, Suppress and Punish Trafficking in 

Persons, especially Women and Children; 

AND WHEREAS the entry into force of the aforesaid Protocol is conditional 

upon ratification by the signatory parties in accordance with their respective 

constitutional procedures; 

NOW THEREFORE, in terms of subsection (1) of Section 111B of the 

Constitution, Parliament resolves that the aforesaid Protocol be and is hereby 

approved for ratification. 

6. HON. BHASIKITI-CHUMA 

HON. MANGAMI

That this House: 

Noting that Cotton farming is labour intensive, expensive, and requires expertise 

on the part of the farmers. 

Concerned that cotton traders buy the cotton at uncompetitive prices thereby 

ripping off farmers, considering the effort and amounts they spend to harvest a 

good crop. 

Now therefore, calls upon the government to intervene by determining the cotton 

price so that cotton farmers can benefit from the Land Reforms. 

7. HON. CHITANDO 

HON. RUTSVARA 


Noting with appreciation the peaceful transition of governments in Zambia, 

Malawi, Senegal and recently Lesotho; 

Disturbed and concerned at the violent transition in some parts of Africa 

particularly ivory Coast and Mali; 

Appreciating the firm role played by AU and ECOWAS in the mediation efforts 

to curb violent transitions; 

Aware that Zimbabwe will hold elections within a year; 

Concerned that violent manifestations are already emerging. 

Further concerned that there is need to ensure a peaceful post election transition 

in Zimbabwe. 

Now therefore calls upon Government to put in place mechanisms that ensure 

peaceful pre and post-election transition; and 

Further urges SADC and AU to ensure that their member states subscribe to the 

ethos of AU Charter on Democracy, Elections and Governance. 

8. HON ZHANDA 

HON. MADZIMURE


AWARE that the operations of the Reserve Bank of Zimbabwe (RBZ) are 

governed by the Reserve Bank of Zimbabwe Act (Chapter 22:15) as 

amended in 2010, Banking Act (Chapter 24:20) and other related statutory 

instruments; 

CONCERNED with alleged high levels of corruption, shoddy deals, acts 

of economic sabotage and poor corporate governance principles at the 

RBZ, 

WORRIED by the Anti-Corruption Commission's apparent involvement in 

the matter; 

NOW THEREFORE resolves to set up an ad hoc Committee in terms of 

Standing Order Number 157, to investigate allegations of corruption at the 

Reserve Bank of Zimbabwe and table its findings in this House. 

9. HON. MANGAMI 

HON. CHITANDO 

That this House takes note of the Second Report of the Portfolio Committee 

on Education, Sport and Culture on the Challenges in the Education Sector 

in Zimbabwe. (S.C. 19, 2012) 

10. HON. MATAMISA 

HON. GUMBO 

That this House takes note of the Report of the Fifth Ordinary Session of the 

Second parliament of the Pan-African Parliament (PAP) 

11. HON. MAVIMA 

HON. MATIBE 

That this House takes note of the First Report of the Portfolio Committee on State 

Enterprises and Parastatals Management on ZESA’s service delivery to the 

Nation. (S.C. 17, 2012). 

12. HON. MAVIMA 

HON. MATIBE 

That this House takes note of the Second Report of the Portfolio Committee on 

State Enterprises and Parastatals Management on the status of Air Zimbabwe. 

(S.C. 18, 2012).

13. HON. S. MUKANDURI 

HON. T. KHUMALO 

That this House takes note of the Report of the SADC Regional Workshop on the 

Role of the Parliament in Trade Policy Formulation, Trade Negotiation and 

Economic Integration 27-28 th February 2012. 

14. HON. MADZORE 

HON. CHADEROPA 

That this House takes note of the Report of the Portfolio Committee on Defence 

and Home Affairs on Deportations (S.C. 20, 2012). 

15. SECOND READING : Urban Councils Amendment Bill (H.B. 5, 2011) - 

Hon. Matimba 

16. HON. ZINYEMBA 

HON. TAZVIONA 

That this House takes note of the First Report of the Portfolio Committee on 

Public Service, Labour and Social Welfare on the status of residential care 

institutions in Zimbabwe (S.C. 21, 2012). 

17. HON. SULULU 

HON. CROSS 

COGNISANT that the Executive Arm of the State is accountable to the 

Legislative Arm for all its acts of commission and omission, 

DISURBED by the non-implantation of government programmes; 

GRATIFIED with the sterling work of the Portfolio Committees in their 

oversight and legislative functions, 

FURTHER GRATIFIED with Committee Members’ dedication to their 

Committee work and the non-partisan approach to national issues that fall under 

their purview; 

CONCERNED with the Hon. Ministers’ apparent lack of cooperation and 

appreciation of the work of Portfolio Committees as evidenced by their nonattendance 

to Committees Oral Evidence sessions and Houses sittings during 

question and answer time:

WORRIED by the Ministers’ failure to reply to Committee reports as required 

by Parliamentary procedures and failure to give feedback to recommendations of 

Committees; 

AWARE of the existence of the Committee on Government Assurances before 

the current Committee system; 

NOW THEREFORE, that this House reminds all Committees and calls upon 

them to exercise the following up of Government Assurances as part of their 

terms of reference including 

a) Scrutinising the resolutions of the House (including adopted Committee 

Reports), petitions and undertakings given by the Government on the floor of 

the House and examine: 

-whether or not such decisions and undertakings have been implemented, and 

where implemented, the extent to which they have been implemented, and 

whether such implementation has taken place within the minimum time 

necessary; 

-Whether or not legislation passed by the House has been operationalized and 

where operationalized, the extent o which such operationalization has taken 

place within the minimum time necessary. 

b) Committees to propose to propose sanctions to the House on any Minister 

who fails to respond to the Committee’s report in terms of procedures. 

18. Adjourned debate on motion on the Second Report of the Portfolio Committee on 

Local Government, Urban and Rural Development. (S.C. 14, 2012) – (Adjourned 

12 th June 2012 – The Deputy Minister of Media, Information and Publicity) 

[Day elapsed: 1] 

Question proposed: That this House takes note of the Second Report of the 

Portfolio Committee of the Local Government, Rural and Urban Development on 

the Zimbabwe United Passenger Company (S.C. 14, 2012) – Hon Karenyi 

19. Adjourned debate on motion on the First Report of the Portfolio Committee on 

Media, Information and Communication Technology on the State of Public Media 

in Zimbabwe. (SC 8, 2011). – (Adjourned 12th June – Hon. Sibanda .D.) 

[Days elapsed: 2] 

Question proposed: That this House takes note of the First Report of the Portfolio 

Committee on Media, Information and Communication Technology on the State 

of Public Media in Zimbabwe. (SC8, 2011) Hon Chikwinya

20. Adjourned debate on motion of the First Report of the Portfolio Committee on 

Budget, Finance and Investment Promotion on the Zimbabwe Revenue Authority 

(ZIMRA's) operations at Border Posts (S.C. 9, 2012). – (Adjourned 17th May 

– Hon Chebundo) 



Committee on Budget, Finance and Investment Promotion on the Zimbabwe 

Revenue Authority (ZIMRA's) operations at Border Posts (S.C. 9, 2012). 

– Hon. Cross 

21. Adjourned debate on motion on the untimely death of Hon. Chikava – 

(Adjourned 6th June – The Deputy Prime Minister Hon. Prof. Mutambara) 

Question proposed: That this House expresses its profound sorrow on the 

untimely death of Hon. B. Chikava on Sunday, 17th December 2011, the 

Honourable Member for Mount Darwin Constituency. 


Places on record its appreciation of the services which the late Member rendered 

to Parliament and the nation: and 

Resolves that its deepest sympathy be conveyed to the family of the deceased 

Member of Parliament.- Hon Mangami 

22. Adjourned debate on motion on the Report of the Portfolio Committee on Local 

Government, Rural and Urban Development on Service Delivery to the Local 

Authorities of Gutu and Chiredzi (S.C.13, 2012) – (Adjourned 16th May – 

The Minister of Constitutional and Parliamentary Affairs) 



Committee on Local Government, Rural and Urban Development on Service 

Delivery to the Local Authorities of Gutu and Chiredzi (S.C.13, 2012) 

– Hon Karenyi 


Natural Resources, Environment and Tourism on Conservancies and Forestry 

Plantations (S.C. 11, 2012) – (Adjourned 16th May – The Minister of 

Constitutional and Parliamentary Affairs) 

[Days elapsed: 3]


Committee on Natural Resources, Environment and Tourism on Conservancies 

and Forestry Plantations (S.C. 11, 2012) – Hon Nezi 


Women, Youth, Gender and Community Development (SC 10, 2012) – 

(Adjourned 15th May – The Minister of Constitutional and Parliamentary 

Affairs) 

[Day Elapsed 1] 


Committee on Women, Youth, Gender and Community Development on the 

Challenges and Constraints Affecting the Operations of Vocational Training 

Centres in Zimbabwe (S.C. 10, 2012) - Hon. Matienga 

25. Adjourned debate on motion that leave be granted to bring in a Bill to amend the 

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection 

3 (Adjourned 27 th March -Hon. Gonese ) 


Question proposed: That leave be granted to bring in a Bill to amend the 

Criminal Procedure and Evidence Act in Section 121 by the Repeal of Subsection 

- Hon. Gonese 


Transport and Infrastructural Development on the Operations of the National 

Railways of Zimbabwe (S.C. 5, 2012)-(Adjourned 22nd March – Hon. Sibanda 

D). 



Committee on Transport and Infrastructural Development on the Operations of 

the National Railways of Zimbabwe (S.C. 5, 2012) -Hon Chebundo. 

27. Adjourned debate on motion on the First Report of the Committee on Public 

Accounts on the Report of the Comptroller and Auditor General on the 

Management of Government Vehicles by CMED (Private) Limited (S.C. 3, 

2012) (Adjourned 22 nd March – Hon. Gonese). 


Question proposed: That this House takes note of the First Report of the 

Committee on Public Accounts on the Report of the Comptroller and Auditor

General on the Management of Government Vehicles by CMED (Private) 

Limited (S.C. 3, 2012) – Hon. Chinyadza 


Health and Child Welfare on the state of affairs at NatPharm (S.C. 2, of 2012) – 

(Adjourned 22 nd March - Hon. Sibanda D). 


Question proposed:That this House takes note of the First Report of the 

Committee on Health and Child Welfare on the state of affairs and NatPharm 

(S.C. 2, of 2012) - Hon. Parirenyatwa. 

29. Adjourned debate on motion on the Report of the Portfolio Committee on Local 

Government and Urban Development on the Third Quarter Budget Performance 

of the Ministry of Local Government, Rural and Urban Development for the year 

2011.(S.C.5, 2012) (Adjourned 15th March – Hon Chinomona) 


Question proposed: That this House takes note of the Report of the Portfolio 

Committee on Local Government and Urban Development on the Third 

Quarter Budget Performance of the Ministry of Local Government, Rural and 

Urban Development for the year 2011.(S.C.5, 2012) – Hon. Karenyi 

30. Adjourned debate on motion on the workshop report of the Pan African 

Parliament Permanent Committee on Trade, Customs and Immigration matters 

(Adjourned 13th March – The Minister of Constitutional and Parliamentary 

Affairs). 


Question proposed: That this House takes note of the Report on the Pan African 

Parliament Permanent Committee on Trade, Customs and Immigration matters 

workshop that was held in Gaborone Botswana in July 2011 to promote the 

involvement of the committee and members of Parliament on Trade, Customs and 

Immigration in Regional Integration efforts – Hon. Mutomba. 

31. Adjourned debate on motion on the Indigenisation and Empowerment (General) 

Regulations Statutory Instrument No. 21 of 2010 (Adjourned 13th March – The 

Minister of Constitutional and Parliamentary Affairs) 

Question proposed: That this House: 

COGNIZANT of the need to publish in the gazette and to enforce all 

delegated legislation in conformity with the relevant Principal Acts; 

[Days elapsed: 5]

DISTURBED that the Indigenisation and Empowerment (General) Regulations 

Statutory Instrument No. 21 of 2010, as read with the minimum requirements for 

Indigenisation Implementation Plans for businesses in the mining sector GN 

114/2011, do not conform with the Government's Policy of economic revival 

which aims at encouraging Direct Foreign Investment; 

CONCERNED that the responsible Minister promulgated the Indigenisation 

Empowerment Regulations without due regard for private enterprises and 

industries which are critical for Zimbabwe's economic recovery; 

CONDEMNING the practice by the responsible Minister to invoke 

delegated legislation on foreign owned companies without Cabinet Authority, in 

contravention of bilateral agreements, a situation which puts the Government's 

credibility into disrepute; 

NOW THEREFORE, resolves that the responsible Minister withdraws forthwith 

the Indigenisation and Empowerment Regulations and replaces them with revised 

versions which address broad based empowerment programmes – Hon. 

Musundire. 


Mines and Energy on the state of affairs at Shabani Mashava Mine (S.C. 10, 

2011) (Adjourned 25 th October - Hon. Gonese) 



Portfolio Committee on Mines and Energy on the State of Affairs at 

Shabani-Mashava Mines (S.C.10, 2011). - Hon Chindori-Chininga 


Local Government, Rural and Urban Development (Adjourned 26 th September – 

Hon. D. Sibanda). 



Portfolio Committee on Local Government, Urban and Rural Development on the 

public hearings on the state of service delivery by the Municipalities of Harare, 

Chitungwiza and Norton. (S.C. 6, 2010)- Hon. Matimba. 

34. COMMITTEE OF SUPPLY.

WEDNESDAY, 20TH JUNE 2012 

QUESTIONS FOR ORAL ANSWERS 

♦ PRIME MINISTER'S QUESTION TIME 

* QUESTIONS WITH NOTICE 

*1. HON CHITANDO: To ask the Co – Ministers of Home Affairs to explain to the 

House: 

a) The case number of the death of Zvidzai Mapurisa which was reported at 

Muchakata Police Station in June 2008 in Masvingo Province; 

b) A detailed account of circumstances leading to Zvidzai Mapurisa's murder in 

June 2008 at Rarangwe Village 21; 

c) Results of the post mortem on the causes of the death of Zvidzai Mapurisa; 

and 

d) Stages at which investigations are and the action that has been taken on the 

accused. 

*2. HON. MUSHONGA: To ask the Minister of State in the President's Office to explain 

to the House why the following members of the Central Intelligence 

Organisation have been allowed to hold political party positions as Central 

Committee Members of ZANU PF whilst they are still in full-time employment of 

the state: 

i) Tabeth Kanengoni from Mashonaland Central 

ii) Jesca Chidza from Manicaland, and 

iii) Lazma Humbe from Manicaland 

[Deferred from, Wednesday 5th October 2011] 

*3. HON. GARADHI: To ask the Ministry of Local Government, Urban and Rural 

Development to explain the Ministry's position with regards to former Golden 

Kopje Mine employees who are being evicted by Chinhoyi City Council because 

of their party affiliation. 

[Deferred from, Wednesday 23rd November 2011] 

*4. HON CHIMHINI: To ask the Minister of Local Government Rural and Urban 

Development to explain to the House why for seven years now, the Mutasa District 

Development Fund has not been able to service or maintain roads such as Honde 

Green to Ngarura - Rupinda, Muterere to Mandeya2, Hauna to Mandeya 2 via 

Loretto and any other roads under its jurisdiction.

[Deferred from, Wednesday 6th June 2012] 


Development to advise the House what steps a community can take against 

traditional leaders, such as village head Shepherd Sagambe, Mutirowaenda 

Katambarare and Ndai Dondo, a ZANU P.F. Chairperson in Ward One, 

Mutasa North Constituency, who force people to bring National Identity cards 

to their homesteads and use the Identity Cards to appoint villagers as Party 

structure officials to cells and branches and bar people from attending any other 

political rallies other than ZANU P.F. rallies. 

[Deferred from, Wednesday 28th March 2012] 

*6. HON . NDEBELE: To ask the Minister of Local Government Rural and Urban 

Development to inform the House 

i)Why he appoints councillors who lost their posts during 2008 elections and 

those who abused council funds during their term into position of authority. 

ii) Whether it is government policy to elect special interest councillors from 

ZANU P.F. Only. 



Development to explain: 

i) Whether it is government policy to allow District Administrators such as Mr 

Dhliwayo of Mutasa District, to summon village heads to political meetings 

addressed by Mr Jabulani Sibanda. 

ii) How the families of the deceased Village Heads, Edward Chijara, Tonganayi 

Mamombe and Paul Mukariri will be compensated after a lorry belonging to Mr 

L.P. Masamvu an aspiring ZANU P.F. Parliamentary candidate, overturned and 

killed the three village heads and injured more than forty other heads on their 

way to a political meeting at the District Administrators Offices. 


*8. HON JIRI: To ask the Minister of Local Government Rural and Urban 

Development to explain why 

i) Chikomba Rural District Council is allowed to run its affairs unprofessionally 

and without control.

ii) The Council does not entertain submissions made by rate payers during the 

time of budget consultation 

iii) The Council allows people to operate garages along streets e.g near Total 

garage in Chivhu. 

iv) Vendors are allowed to sale sadza at unhealthy places and the market 

opposite Vics Tarven. 

v) The budget does not reflect the Essar Mine's contribution to the community. 


*9. HON CHEBUNDO: To ask the Ministry of Industry and Commerce to explain the 

measures the Ministry is taking to avert the closure of Sable Chemical Industries 

Limited which is facing numerous challenges. 


*10. HON CHEBUNDO: To ask the Minister of Industry and Commerce to explain the 

measures the Ministry is taking to address the unethical management operations 

and contractual policies for inputs and the welfare of workers at Sable Chemicals 

Industries Limited. 


*11. HON CROSS: To ask the Minister of Industry and Commerce to inform to the 

House why the agreements entered into with ESSAR have not been 

implemented. 

*12. HON NYAUDE: To ask the Minister of Information Communication Technology to 

explain to the House why Econet boosters in Bindura South, Mbire and Rushinga 

in Mashonaland Central Province have not been activated considering the time 

that has lapsed since they were erected. 

[Deferred from, Wednesday 6th June 2012] 

*13. HON CROSS: To ask the Minister of Tourism and Hospitality Industry 

i) to outline the Ministry's plans to ensure the success of the 2013 United 

Nations World Tourism Conference to be held in the town of Victoria Falls in 

October 2013. 

ii) to give a report on the progress that has been made regarding the preparations 

for the Conference. 

[Deferred from, Wednesday 6th June 2012]

*15. HON C. MHANDU: To ask the Minister of Justice and Legal Affairs to inform the 

House; on the following 

i) Government's position on the recent judgement in South Africa by Judge Hans 

Fabricius of North Gauteng High Court to investigate and prosecute eighteen (18) 

High ranking Zimbabwean Officials alleged to have been involved in Human 

Rights abuses – in a case, Southern Africa Litigation Centre and Zimbabwe 

Exiles Forum vs South African National Prosecuting Authority and South Africa 

Police Services; 

ii) Measures the Government taking to stop foreign countries from interfering in 

its internal constitutional and legal matters; 

iii) Whether South Africa has the jurisdiction to pass such inter-territorial 

judgements; 

iv) To name the eighteen (18) High ranking Zimbabwe officials who are alleged 

to be involved in the litigation and whether they were informed of the litigation? 

NOTICE OF AMENDMENTS 

Zimbabwe Human Rights Commission Bill, 2011 (H.B. 2, 2011) 

AMENDMENTS OF CLAUSE 1 (“SHORT TITLE”) 

BY THE MINISTER OF JUSTICE AND LEGAL AFFAIRS 

On page 5 of the Bill, delete clause 1 on lines 9 and 10 and substitute the 

following: 

“1 Short title 

This Act may be sited as the Zimbabwe Human Rights Commission Act [Chapter 

10:30].” 

AMENDMENT OF CLAUSE 2 (“INTERPRETATION”) 


On page 5 of the Bill, in the definition of “human rights violation”, delete the 

proviso thereto between lines 36 and 38. 

On page 6 of the Bill, delete the definition of “visitor” between lines 10 and 12. 

SUBSTITUTION OF CLAUSE 4 (“FUNCTIONS OF COMMISSION”)


On page 6 of the Bill, delete clause 4 and substitute the following: 

“4 Additional functions of Commission 

In addition to the functions and powers set out in section 100R(6) and (7) of the 

Constitution, the Commission shall have the following functions and powers- 

(a) to conduct investigations on its own initiative or on receipt of complaints; 

(b) to visit and inspect prisons, places of detention, refugee camps and related 

facilities in order to ascertain the condition under which inmates are kept there, 

and to make recommendations regarding those conditions to the Minister 

responsible for administering the law relating to those places or facilities; 

(c) to visit and inspect places where mentally disordered or intellectually 

handicapped persons are detained under any law in order to ascertain the 

conditions under which those persons are kept there, and to make 

recommendations regarding those conditions to the Minister responsible for 

administering the law relating to those places; and 

(d) to ensure and provide appropriate redress for violations of human rights and 

for injustice; 

(e) to co-operate with Human Rights Institutions belonging to international, 

Continental or Regional organisations of which Zimbabwe is a member.” 

AMENDMENT OF CLAUSE 6 (“EXECUTIVE SECRETARY AND 

OTHER STAFF OF COMMISSION AND CONSULTANTS) 


On page 7 of the Bill, in Sub-section (1) of this clause, delete paragraph B 

between lines 4 and 7 and substitute: 

“(b) employ such other staff as maybe necessary for the proper exercise 

of its functions, and engage consultants where necessary: 

Provided that the Commission shall consult the Minister and the Minister 

responsible for Finance on the extent to which additional public moneys 

maybe required for this purpose.” 

On page 7 of the Bill, insert after the end of subclause (1) on line 7 the following 

subclause, and renumber the subsequent subclauses (2), (3) and (4) as subclauses 

(3), (4) and (5) accordingly:

“(2) In order for a person to be appointed as Executive Secretary of the 

Commission, he or she must - 

(a) be qualified to be appointed as a judge of the High Court or the Supreme 

Court; or 

(b) have a graduate or postgraduate qualification in human rights law or 

humanitarian law or a related discipline.” 

AMENDMENT OF CLAUSE 9 (“JURISDICTION OF COMMISSION TO 

CONDUCT INVESTIGATIONS”) 


On page 8 of the Bill, in subclause (4)(a), delete in lines 24 and 25 the words “the 

aggrieved person was a citizen, resident or visitor of Zimbabwe at the time when the 

action or omission complained of occurred and”. 

AMENDMENT OF CLAUSE 10(“MANNER OF MAKING 

COMPLAINTS”) 


On page 8 of the Bill, in subclause (1), delete in line 42 the words “in that notice” and 

substitute “in those regulations”. 

AMENDMENT OF CLAUSE 12(“MANNER OF CONDUCTING 

INVESTIGATIONS”) 

On pages 9 and 10 of the Bill delete subclause (6) and substitute the following 

subclause :- 

“(6) The Minister may, at any stage during the investigation of a complaint by the 

commission, to produce to the Commission a certificate in writing signed by him or her 

to the effect that the disclosure of any evidence or documentation or class of evidence or 

documentation or class of evidence or documentation specified in the certificates is, in 

his or her opinion, contrary to the public interest on the grounds that it may prejudice the 

defence, external relations, internal security or economic interests of the state , 

whereupon the Commission shall make arrangements for evidence relating to that matter 

to be heard in camera at a closed hearing and shall take such other action as may be 

necessary or expedient to prevent the disclosure of that matter.” 

On page 10 of the Bill, in subclause (7), delete in line 7 the word “notice” and substitute 

“certificate”.

On page 10 of the Bill, in the subclause (7) (b), delete in lines 13 and 15 the word 

“notice” and substitute “certificates”. 

On page 10 of the Bill, insert after subclause (8), the following subclause: 

“(9) For the avoidance of doubt it is declared that the law relating to the 

competence or compellability of any person on the grounds of privilege to give evidence, 

answer any questions or produce any book or document before the Commission, shall 

apply.” 

Renumber the subsequent subclause (9) as subclause (10) accordingly. 

MEETINGS OF COMMITTEES 

MONDAY 11TH JUNE 2012 

At 1000hrs in Committee Room No. 1 

Transport and Infrastructure Development –Hon. Chebundo (Chairperson) 

Hon. Baloyi, Hon. Chanetsa, Hon. Chebundo, Hon. Dongo, Hon. Dzirutwe, Hon. 

Huruba, Hon. Machacha, Hon. Mandebvu, Hon. Mhlanga, 

Hon. Mushore, Hon. Ncube S, Hon. Nyakudanga, Hon. Raradza, Hon. Rutsvara 

Clerk Ms Macheza 


Defence and Home Affairs – Hon. Madzore to be Chairperson 

Hon. Chaderopa, Hon. Denga, Hon. Huruba, Hon. Madzore, Hon. Mafios, Hon. 

Mutinhiri, Hon. Ziteya, Hon. Mangena, Hon. Mhandu (Rtd) Major C, Hon. Moyo 

R, Hon. Mutseyami, Hon. Mwonzora, Hon. Sululu. - Clerk Mr Daniel 


Public Accounts – Hon Chinyadza to be Chairperson 

Hon. Bhasikiti, Hon. Chikava, Hon. Chinyadza, Hon. Hove, Hon. Mangena, Hon. 

Matiza, Hon. Mbwembwe, Hon. Moyo S, Hon. Muguti, Hon. Musundire, Hon. 

Nyamupinga B, Hon. Sai, Hon. Sansole T, Hon. Sululu.- Clerk Mrs Nyawo 

At 1000hrs in Committee Room No. 311

Natural Resources, Environment and Tourism – Hon. M. Dube to be 

(Chaiperson) 

Hon. P. Dube, Hon. Bhasikiti, Hon. Chinomona, Hon. Chitima, Hon. Karenyi, 

Hon. Machacha, Hon. Mahoka, Hon. Marima, Hon. Matienga, Hon. Mazikana, 

Hon. Mkhosi, Hon. Ndambakuwa, Hon. Nezi, Hon. Saruwaka, Hon. Shoko M, 

Hon. Sibanda C.C, Hon. Sibanda P.N - Clerk Mr Mazani 


Mines and Energy – Hon. Chindori-Chininga (Chairperson) 

Hon. Chindori-Chininga, Hon. Chinomona, Hon. Dzingirayi, Hon. Kagurabadza, 

Hon. Katsande, Hon. Kay, Hon. Haritatos, Hon. Makamure, Hon. Maposhere, 

Hon. Mare, Hon. Marima, Hon. Mudarikwa, Hon. Mudiwa, Hon. Mudzuri. E, 

Hon. Mungofa, Hon. Munjeyi, Hon Munengami, Hon. Musvaire, Hon. Muza, 

Hon. Navaya, Hon. Nemadziva, Hon. Shoko H. - Clerk Mr Manhivi 


Higher Education, Science and Technology – Hon. S.M. Ncube 

(Chairperson) 

Hon. Chanetsa, Hon. Chitando, Hon. Dumbu, Hon. Khumalo Martin, Hon. 

Kumalo Marvellous, Hon. Mafios, Hon. Maramwidze, Hon. Matamisa, Hon. 

Mnkandla, Hon. Muza, Hon. S.M. Ncube, Hon. Ndhlovu A, Hon. Zhuwao. 

Clerk Mrs Zenda 

At 1000hrs in Committee Room No. 

Public Service, Labour and Social Welfare – Hon. Zinyemba (Chairperson) 

Hon. Chibaya, Hon. Chirongwe, Hon. Chivamba, Hon. Goto, Hon. Gwiyo, Hon. 

Khumalo T, Hon. Khumalo S.S, Hon. Mahlangu, Hon. Mudau, Hon. Sai, Hon. 

Sibanda F.M, Hon. Zinyemba. - Clerk Ms Mushunje 


Budget, Finance and Investment Promotion – Hon. Zhanda (Chairperson) 

Hon. Beremauro, Hon. Bhebhe A, Hon. Chinyadza, Hon. Cross, Hon. M. Dube, 

Hon. Kanzama, Hon. Khumalo Martin, Hon. Mashakada, Hon. Matshalaga, Hon. 

Muguti, Hon. Mukanduri, Hon. Ndava, Hon. Nyaude, Hon. Saruwaka, Hon. 

Sibanda, Hon. Zhanda. - Clerk Mr Ratsakatika 


Public Works and National Housing – Hon. Mupukuta to be Chairperson 

Hon. Chimhini, Hon. Chirume, Hon. Chimbetete, Hon. Jiri, Hon. Kachepa, Hon. 

Mabhena, Hon. Mbwembwe, Hon. Mudzuri H, Hon. Mupukuta, Hon. 

Ndambakuwa, Hon. Ndebele G, Hon. Ngwenya, Hon. Shirichena, Hon. Sindi. - 

Clerk - Mr Mazani 

At 1000hrs in Committee Room No. 413 

Justice, Legal Affairs, Constitutional and Parliamentary Affairs – Hon 

Mwonzora (Chairperson) 

Hon. Gonese, Hon. Kapesa, Hon. Mangami, Hon. Mangwana, Hon. Matiza, Hon. 

Hon. Mkandla T.Z, Hon. Muchauraya, Hon. Mushonga S.L, Hon. Muza, Hon. 

Mutinhiri, Hon. Mwonzora, Hon. Parirenyatwa, Hon. Shoko M, Hon. Tshuma B. 

Hon Varandeni J. - Clerk Miss Zenda 

TUESDAY 12TH JUNE 2012 


Health and Child Welfare – Hon. Parirenyatwa (Chairperson) 

Hon. Chebundo, Hon. Chikava, Hon. Chivamba, Hon. Dube M, Hon. Kachepa, 

Hon. Makuyana, Hon. Maramba, Hon. Masaiti, Hon. Matamisa, Hon. 

Matshalaga, Hon. Mudavanhu, Hon. Munengami, Hon. Ndebele G, Hon. 

Nyamupinga, Hon. Parirenyatwa D, Hon. Shoko H, Hon. Ziyambi. - Clerk Mrs 

Khumalo 


Foreign Affairs, Regional Integration and International Trade – Hon. 

Mukanduri (Chairperson) 

Hon.Gumbo J.M, Hon. Chanetsa, Hon. Chirongwe, Hon. Gwiyo, Hon. Jembere, 

Hon. Maramwidze, Hon. Mukanduri, Hon. Muza, Hon. Ndlovu A, Hon. 

Ngwenya, Hon. Rutsvara, Hon. Sibanda D, Hon. Sindi, Hon. Tshuma. - Clerk 

Mr Chiremba 


State Enterprises and Parastatals Management – Hon. Mavima 

(Chairperson) 

Hon. Chikwinya, Hon. Kagurabadza, Hon. Matibe, Hon. Mavima, Hon. 

Maramba, Hon. Mlilo, Hon. Mkhosi E, Hon. Mushore, Hon. Ndava, Hon. 

Ngwenya, Hon. Sibanda P N, Hon. Ziteya, Hon. Ziyambi. - Clerk Ms Chikuvire 


Industry and Commerce – Hon. Mutomba (Chairperson) 

Hon. Chihota, Hon. Dube P, Hon. Hove, Hon. Kanzama, Hon. Madubeko, Hon. 

Matshalaga, Hon. Madzimure, Hon. Mavima, Hon. Mharadza, Hon. Mutomba, 

Hon. Nyaude, Hon. Sansole, Hon. Sithole. - Clerk Miss Masara 


Agriculture, Water, Lands and Resettlement – Hon Jiri (Chairperson) 

Hon. Chinomona, Hon Denga, Hon. Dube P, Hon. Dube M, Hon. Jiri, Hon. 

Katsande, Hon. Mahoka, Hon. Makamure, Hon. Makuyana, Hon. Mkhosi E, 

Hon. Mlambo, Hon. Mlilo, Hon. Raradza, Hon. Sai, Hon. Varandeni, Hon. 

Zhanda. - Clerk Mr A. Mutyambizi 


Local Government, Rural and Urban Development – Hon. Karenyi 

(Chairperson) 

Hon. Baloyi, Hon T.S. Chambati, Hon. Karenyi, Hon. Dube M, Hon. Garandi, 

Hon. Kapesa, Hon. Matimba, Hon. Mudzuri E., Hon. Musvaire, Hon. Mudau, 

Hon. Mkandla T.Z, Hon. Nyakudanga, Hon. Samkange. - Clerk Mr Daniel 

At 1000hrs in Committee Room No. 413 

Media, Information and Communication Technology – Hon. S. Chikwinya 

(Chairperson) 

Hon. Baloyi, Hon. Chaderopa, Hon. Hlongwane, Hon. Mandebvu, Hon. Matonga, 

Hon. Moyo S, Hon. Mudarikwa, Hon. Jembere, Hon. Muchauraya, Hon. 

Mudiwa, Hon. Musumbu, Hon. Sibanda, Hon. Varandeni, Hon. Ziyambi. - Clerk 

Mr Mutyambizi 


Small and Medium Enterprise Cooperative Development – 

Hon. Moyo Chairperson 

Hon. Chimbetete, Hon. Gonese, Hon. Makuyana M, Hon. Maramwidze Hon. 

Masvaire, Hon. Matibe, Hon. Maposhere, Hon. Mbwembwe, Hon. Moyo R, Hon. 

Munjeyi, Hon. Mutomba, Hon. Muza, Hon. Navaya, Hon. Nemadziva, Hon. 

Ngwenya, Hon. Nyamudeza, Hon. Sai, Hon. Sindi, Hon. Tazviona, Hon. 

Zhuwao, Hon. Zinyemba. - Clerk Ms Mushunje 


Women, Youth, Gender and Community Development – Hon Matienga 

(Chairperson) 

Hon. Chibaya, Hon. Chitima, Hon. Chirume, Hon. Chitima, Hon. Dzingirayi, 

Hon. Goto, Hon. Kagurabadza, Hon. Masukume, Hon Masaiti, Hon. Matienga, 

Hon. Mahlangu, Hon. Mharadza, Hon. Navaya, Hon. Nyamupinga, Hon. 

Shirichena, Hon. Sithole A. Clerk Mr Kunzwa 


Education, Sports and Culture- Hon. Mangami (Chairperson) 

Hon. Bhasikiti, Hon. Chihota, Hon. Chimhini, Hon. Chitando, Hon. Dumbu, Hon. 

Haritatos, Hon. Kumalo Marvellous, Hon. Khumalo S., Hon. Madubeko, Hon. 

Mangami, Hon. Mhashu F.G, Hon. Mudzuri H, Hon. Mupukuta, Hon. Muza, 

Hon. S.M Ncube, Hon. Nezi, Hon. Sibanda F.M. - Clerk - Ms Chikuvire

13 June 2012 Vol 40 - Zimbabwe Parliament

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