19 September 2006 No.33-10 - Zimbabwe Parliament
19 September 2006 No.33-10 - Zimbabwe Parliament
19 September 2006 No.33-10 - Zimbabwe Parliament
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OFFICIAL REPORT<br />
UNREVISED<br />
ZIMBABWE<br />
PARLIAMENTARY DEBATES<br />
HOUSE OF ASSEMBLY<br />
Vol. 33, No. <strong>10</strong> Tuesday, <strong>19</strong>th <strong>September</strong>, <strong>2006</strong><br />
CONTENTS<br />
ANNOUNCEMENTS BY MR SPEAKER:<br />
Death of Honourable Aaron Baloyi<br />
Meeting with SEDCO Officials<br />
MOTIONS:<br />
Business of the House<br />
Adjournment of the House<br />
SECOND READINGS:<br />
Criminal Procedure and Evidence Amendment Bill<br />
Gazetted Land (Consequential Provisions Bill)<br />
COMMITTEE STAGE:<br />
Gazetted Land (Consequential Provisions Bill)<br />
THIRD READING:<br />
Gazetted Land (Consequential Provisions Bill)<br />
Printed by Order of <strong>Parliament</strong><br />
Three Dollars
PARLIAMENT OF ZIMBABWE<br />
PRINCIPAL OFFICERS OF PARLIAMENT<br />
SPEAKER OF PARLIAMENT: THE HON J.L NKOMO<br />
DEPUTY SPEAKER AND CHAIRMAN OF COMMITTEES: THE HON K.M. KANGAI, MP<br />
DEPUTY CHAIRMAN OF COMMITTEES: THE HON F.E. CHIDARIKIRE<br />
CLERK OF PARLIAMENT: MR A.M. ZVOMA,<br />
DEPUTY CLERK OF PARLIAMENT: H.B. DINGANI (MS)<br />
PRINCIPAL DIRECTOR: FINANCE: B ZVAMADA,<br />
PRINCIPAL DIRECTOR: INFORMATION SERVICES: A.M RUKOBO (DR)<br />
PRINCIPAL DIRECTOR: HUMAN RESOURCES AND ADMINISTRATION:<br />
A MALUNGA,<br />
COUNSEL TO PARLIAMENT: C DAMISO (MRS)<br />
PRINCIPAL DIRECTOR: EXTERNAL RELATIONS: G. CHIPARE (DR)<br />
CHIEF HANSARD EDITOR: (VACANT)<br />
ASSISTANT CLERK OF PARLIAMENT: K CHOKUDA,<br />
THE MINISTRY<br />
President ............................................<br />
Vice President ....................................<br />
Vice President ....................................<br />
Minister of State for National Security<br />
Lands, Land Reform and Resettlement<br />
in the President’s Office......................<br />
Minister without Portfolio ....................<br />
Minister of Public Service, Labour and<br />
Social Welfare ....................................<br />
Minister of Rural Housing and Social<br />
Amenities............................................<br />
Minister of Women Affairs, Gender and<br />
Community Development ...................<br />
Minister of Defence.............................<br />
Minister of State for Indigenisation and<br />
Empowerment ....................................<br />
Minister of Science and Technology<br />
Development ......................................<br />
Minister of Economic Development ....<br />
Minister of Higher and Tertiary<br />
Education............................................<br />
Minister of Industry and International Trade<br />
Minister of Home Affairs .....................<br />
Minister of Finance .............................<br />
Minister of Health and Child Welfare ..<br />
Minister of Small and Medium Enterprises<br />
Development ......................................<br />
Minister of Local Government, Public Works<br />
and Urban Development.....................<br />
Minister of Justice, Legal and <strong>Parliament</strong>ary<br />
Affairs..................................................<br />
His Excellency Robert Gabriel Mugabe<br />
The Hon Joseph Msika, MP<br />
The Hon Joyce Teurai Ropa Mujuru, MP<br />
The Hon Didymus Noel Edwin Mutasa, MP<br />
The Hon Elliot Tapfumaneyi Manyika, MP<br />
The Hon Nicholas Tasunungurwa Goche, MP<br />
The Hon Emmerson Dambudzo Mnangagwa, MP<br />
The Hon Oppah, Chamu Zvipange Muchinguri, MP<br />
The Hon Dr Sydney Tigere Sekeramayi, MP<br />
The Hon Samuel Mumbengegwi, MP<br />
The Hon Olivia Nyembezi Muchena, MP<br />
The Hon Aleck Rugare Ngidi Gumbo, MP<br />
The Hon Dr Isack Stan Gorerazvo Mudenge, MP<br />
The Hon Obert. Moses Mpofu, MP<br />
The Hon Kembo Dugish Campbell Mohadi, MP<br />
The Hon Herbert Muchemwa Murerwa, MP<br />
The Hon Dr David Pagwese Parirenyatwa, MP<br />
The Hon Sithembiso Gile Gladys Nyoni, MP<br />
The Hon Dr Ignatious Morgan Chombo, MP<br />
The Hon Patrick Antony Chinamasa, MP<br />
1
Minister of State for Public and Interactive<br />
Affairs ..........................................................<br />
Minister of Agriculture.................................<br />
Minister of Education Sport and Culture ....<br />
Minister of Environment and Tourism.........<br />
Minister of Transport and Communications....<br />
Minister of Youth Development and<br />
Employment Creation.................................<br />
Minister of Mines and Mining Development ...<br />
Minister of State for State Enterprises,<br />
Anti-Monopolies and Anti Corruption .........<br />
Minister of State for Policy Implementation.....<br />
Minister of State for Special Affairs<br />
Responsible for Land and Resettlement<br />
Programme.....................................................<br />
Minister of Energy and Power Development ..<br />
Minister of Foreign Affairs...............................<br />
Minister of Information and Publicity<br />
Minister of State Water Resources and<br />
Infrastructural Development ...........................<br />
Provincial Governor: Mashonaland East ........<br />
Provincial Governor: Mashonaland West .......<br />
Provincial Governor: Mashonaland Central....<br />
Provincial Governor: Masvingo ......................<br />
Provincial Governor: Matabeleland North ......<br />
Provincial Governor: Matabeleland South......<br />
Provincial Governor: Manicaland ...................<br />
Provincial Governor: Midlands .......................<br />
Provincial Governor: Harare...........................<br />
Provincial Governor: Bulawayo ......................<br />
Deputy Minister of Foreign Affairs ..................<br />
Deputy Minister of Finance.............................<br />
Deputy Minister of Home Affairs .....................<br />
Deputy Minister of Agriculture ........................<br />
Deputy Minister of Education Sport<br />
and Culture .....................................................<br />
Deputy Minister of Higher and Tertiary<br />
Education........................................................<br />
Deputy Minister of Industry and International<br />
Trade ..............................................................<br />
Deputy Minister of Health and Child Welfare .<br />
Deputy Minister of Local Government, Public<br />
Works and Urban Development .....................<br />
Deputy Minister of Environment and Tourism.<br />
Deputy Minister of Transport and<br />
Communications.............................................<br />
Deputy Minister of Mines and Mining<br />
Development ..................................................<br />
Deputy Minister of Public Service,<br />
Labour and Social Welfare .............................<br />
Deputy Minister of Small and Medium<br />
Enterprises Development ...............................<br />
Deputy Minister of Youth Development<br />
and Medium Enterprises Development ..........<br />
Deputy Minister of Information and Publicity ..<br />
Deputy Minister of Women Affairs, Gender<br />
and Community Development ........................<br />
Deputy Minister of Science and Technology<br />
Development ..................................................<br />
Deputy Minister of Rural Housing and<br />
Social Amenities .............................................<br />
Deputy Minister of Economic Development ...<br />
The Hon Chenhamo Chakezha Chimutengwende, MP<br />
The Hon Joseph Mtakwese Made, MP<br />
The Hon Aeanes Soko Chigwedere, MP<br />
The Hon Francis Dunstan Chenayimoyo Nhema, MP<br />
The Hon Christopher Chindeti Mushohwe, MP<br />
The Hon Ambrose Mutinhiri, MP<br />
The Hon Amos Bernard Midzi, MP<br />
The Hon Paul Munyaradzi Mangwana, MP<br />
The Hon Webster Kotiwani Shamu, MP<br />
The Hon Flora Buka, MP<br />
The Hon Michael Rueben Nyambuya, MP<br />
The Hon Simbarashe Simbanenduku........................................<br />
Mumbengegwi, MP<br />
The Hon Munacho T.A. Mutezo, MP<br />
Ray Joseph Kaukonde Esq, MP<br />
Nelson Tapera Chrispen Samkange, Esq, MP<br />
Ephraim Sango Masawi, Esq, MP<br />
Willard Chiwewe, Esq, MP<br />
Thokozile Mathuthu, MP<br />
Angeline Masuku, MP<br />
Tineyi Chigudu, Esq, MP<br />
Cephas George Msipa, Esq, MP<br />
David Ishemunyoro Godi Karimanzira, Esq, MP<br />
Cain Ginyilitshe Ndabazekhaya Mathema, Esq, MP<br />
The Hon Obert Matshalaga, Esq, MP<br />
The Hon David Chapfika, Esq, MP<br />
The Hon Rueben Marumahoko, Esq, MP<br />
The Hon Sylvester Robert Nguni, Esq, MP<br />
The Hon Isaih Masvayamwando Shumba, Esq, MP<br />
The Hon Dr Sikhanyiso D. Ndlovu, Esq, MP<br />
The Hon Phineas. C Chihota, Esq, MP<br />
The Hon Dr Edwin Muguti, MP<br />
The Hon Morris Sakabuya, Esq, MP<br />
The Hon Andrew Langa, Esq, MP<br />
The Hon Hubert Magadzire Nyanhonge, Esq, MP<br />
The Hon Tinos Rusere, Esq, MP<br />
The Hon Abedinigo Ncube, Esq, MP<br />
The Hon Kenetth Kaparadza Mutiwekuziva, Esq, MP<br />
The Hon Savior Kasukuwere, Esq, MP<br />
The Hon Bright Matonga, Esq, MP<br />
The Hon Abigail S. E Damasane, MP<br />
The Hon Patrick Zhuwao, Esq, MP<br />
The Hon Biggie Joel Matiza, Esq, MP<br />
The Hon Samuel Undenge, Esq, MP<br />
2
87 Announcements By Mr Speaker <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Announcements By Mr Speaker 88<br />
PARLIAMENT OF ZIMBABWE<br />
Tuesday, <strong>19</strong> <strong>September</strong>, <strong>2006</strong><br />
The House of Assembly met at a<br />
Quarter- past Two o’clock p.m.<br />
PRAYERS<br />
(MR. SPEAKER in the Chair)<br />
ANNOUNCEMENTS BY MR<br />
SPEAKER<br />
DEATH OF HON AARON<br />
BALOYI<br />
MR SPEAKER: I have to inform<br />
the House of the death of Hon Baloyi,<br />
Member of <strong>Parliament</strong> for Chiredzi<br />
South Constituency on Friday, 15<br />
<strong>September</strong>, <strong>2006</strong>. I invite all hon<br />
members to rise and observe a minute<br />
of silence in respect of the late hon<br />
member.<br />
All hon members stood up in silence.<br />
MEETING WITH SEDCO<br />
OFFICIALS<br />
MR SPEAKER: I have to<br />
inform all women <strong>Parliament</strong>arians<br />
that the meeting with the SEDCO<br />
officials which was scheduled for<br />
tomorrow, 20 <strong>September</strong>, <strong>2006</strong> at<br />
1700 hours in the Government<br />
Caucus Room has been cancelled.<br />
You will be advised for the new dates<br />
in due course.<br />
SECOND READING<br />
CRIMINAL PROCEDURE AND<br />
EVIDENCE AMENDMENT BILL<br />
THE MINISTER OF JUSTICE,<br />
LEGAL AND PARLIAME-<br />
NTARY AFFAIRS: Mr Speaker, the<br />
Bill before the Honourable Members<br />
seeks to amend the Criminal<br />
Procedure and Evidence Act<br />
[Chapter 9:07].<br />
The Act provides for the<br />
procedures to be used in a criminal<br />
case and the admissibility, or<br />
otherwise, of the evidence produced<br />
before a court of law. The Bill will<br />
abolish the preparatory examination<br />
procedure. The preparatory<br />
examination procedure is no longer<br />
in use. The practice, which has been<br />
adopted, has been one of ‘direct<br />
proceedings.’ The amendments<br />
therefore are to recognise a practise<br />
that was long adopted. The Bill will<br />
make other consequential<br />
amendments in line with the abolition<br />
of the preparatory examination<br />
procedure.<br />
Mr Speaker, with the abolition of<br />
the preparatory examination<br />
3
89 Announcements By Mr Speaker <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Announcements By Mr Speaker 90<br />
[Mr Speaker]<br />
procedure, certain existing provisions<br />
are being retained but are to be<br />
amended so that they only apply to<br />
the confirmation procedure. Clauses<br />
4, 5, 6, 7 and 8 of the Bill will achieve<br />
this objective. These are on the<br />
powers of the magistrate to order a<br />
parent of guardian to be present at<br />
the confirmation proceedings where<br />
the accused is a juvenile, and<br />
provisions for the securing of a<br />
witness in confirmation proceedings.<br />
The provision excluding the public<br />
from attending confirmation<br />
proceedings will be repealed, so that<br />
these will be held in open court for<br />
the sake of transparency.<br />
Mr Speaker, Clauses 9 to 12 will<br />
repeal and replace the existing<br />
provisions governing the granting of<br />
bail and will codify and reform the<br />
existing law on the granting and<br />
withholding of bail by the courts.<br />
The courts have, on many occasions<br />
in the past, stated the circumstances<br />
under which it is in the interest of<br />
justice not to release an accused<br />
person on bail. The codification of<br />
the circumstances on which bail can<br />
be granted will be beneficial to the<br />
judicial officers, prosecutors, defence<br />
counsel, the accused and the public<br />
at large.<br />
Mr Speaker, currently the Medical<br />
Report Form, which is admissible as<br />
evidence at a criminal trial in child<br />
4<br />
sexual abuse cases, can only be filled<br />
in by a Medical Practitioner. This is<br />
problematic in Rural or District<br />
hospitals where a Medical<br />
Practitioner cannot always be present.<br />
As a measure to by-pass this problem,<br />
Clause 23 of the Bill enables qualified<br />
nurses to complete the Medical<br />
Report Forms, in relation to all<br />
victims of sexual abuse who have<br />
been examined or treated by them.<br />
This will assist in speeding up the<br />
hearing of sexual abuse cases, which<br />
have risen in recent years to alarming<br />
levels.<br />
The Criminal Law Code provides<br />
that in all cases a person convicted<br />
of a sexual offence must be tested<br />
for HIV infection. This provision is<br />
implemented through the medical<br />
practitioners and the difficulty as<br />
stated above, is that these may not<br />
be available. Clause 25 of the Bill<br />
provides that a qualified nurse is<br />
competent to conduct tests upon a<br />
person convicted of a sexual offence.<br />
This is for purposes of simplifying<br />
the enforcement of this mandatory<br />
provision.<br />
Since the preparatory examination<br />
procedure had its own advantages,<br />
certain provisions are being retained<br />
but modified to make up for its<br />
abolition. The evidence led at the<br />
preliminary examinations could be<br />
admissible under certain conditions,
91 Announcements By Mr Speaker <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Announcements By Mr Speaker 92<br />
[Mr Speaker]<br />
where the witness was no longer<br />
available. The Bill provides that the<br />
prosecution can verify the depositions<br />
of witnesses made during<br />
investigations so that these can be<br />
used later at the trial in the event that<br />
the witness is not able to give<br />
evidence for any reason. The<br />
provision will be of assistance in<br />
cases where expert witnesses who<br />
made depositions are no longer in<br />
the country to give evidence,<br />
especially in cases of sexual abuse.<br />
Mr Speaker, Clause 29 of the Bill<br />
has been included as an amendment<br />
to the Criminal Law (Codification<br />
and Reform) Act [Chapter 9:23] (No.<br />
23 of 2004) (the Code). The<br />
Amendments seek to improve the<br />
language in the Code and clarify it<br />
where it is vague. Section 114 (7) (c)<br />
of the Code providing for the conduct<br />
and mental elements in a stock theft<br />
case are the same for the concurrent<br />
charges thus the need to amend it to<br />
refer to alternative charges. The<br />
present definition of cannabis in<br />
section 115 of the Code has been<br />
widened to read as in the Dangerous<br />
Drugs Act to include cannabis plant,<br />
prepared cannabis or cannabis resin.<br />
This provision is for the avoidance<br />
of doubt and will ensure that there<br />
are no gaps in enforcing provisions<br />
on dangerous drugs.<br />
5<br />
Mr Speaker, Clause 30 of the Bill<br />
extends the right of legal practitioners<br />
in the <strong>Zimbabwe</strong> Revenue Authority<br />
(ZIMRA), to appear representing<br />
ZIMRA in any court in civil<br />
proceedings and to appear as<br />
prosecutors in criminal proceedings<br />
to which the ZIMRA is a party, when<br />
authorised by the Attorney General<br />
as the prosecuting authority in<br />
<strong>Zimbabwe</strong>. This will ensure<br />
expeditious disposal of the cases that<br />
involve ZIMRA and since the legal<br />
practitioners are in the employ of that<br />
authority, the cases will receive<br />
specialised treatment.<br />
The Criminal Procedure and<br />
Evidence Amendment Bill will go a<br />
long way in improving the justice<br />
delivery system in our criminal<br />
courts, especially as regards the<br />
granting of bail and in some respects,<br />
in the hearing of child abuse cases.<br />
The codification of the bail conditions<br />
is a step closer to achieving a<br />
compact, uniform system of granting<br />
of bail by the judicial officers and<br />
will lead to an appreciation of our<br />
criminal justice system by the public<br />
at large.<br />
Mr Speaker, I commend the Bill<br />
to the House.<br />
I have just been advised that the<br />
Portfolio Committee on the Ministry
93 Business of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Business of the House 94<br />
[Mr Speaker]<br />
of Justice, Legal and <strong>Parliament</strong>ary<br />
Affairs has not yet finished its report<br />
on this particular Bill. I had given<br />
them the guarantee that I will<br />
postpone the date on the second<br />
reading to next Tuesday, during<br />
which time I hope they will be able<br />
to complete their report. So,<br />
accordingly I move that debate on<br />
this item be adjourned to next<br />
Tuesday.<br />
Motion put and agreed to.<br />
Debate to resume: Tuesday, 26 th<br />
<strong>September</strong>, <strong>2006</strong>.<br />
MOTION<br />
BUSINESS OF THE HOUSE<br />
THE MINISTER OF JUSTICE,<br />
LEGAL AND PARLIAMENTARY<br />
AFFAIRS: May I, with the<br />
indulgence of the House, move that<br />
Order of the Day Number 2 be stood<br />
over until Order Number 3 has been<br />
disposed of.<br />
Motion put and agreed to.<br />
SECOND READING<br />
GAZETTED LAND<br />
(CONSEQUENTIAL PROVISIONS<br />
BILL)<br />
6<br />
Third Order read: Second reading:<br />
Gazetted Land (Consequential<br />
Provisions Bill).<br />
THE MINISTER OF STATE<br />
FOR NATIONAL SECURITY,<br />
LANDS, LAND REFORM AND<br />
RESETTLEMENT IN THE<br />
PRESIDENT’S OFFICE: Mr.<br />
Speaker Sir, I beg to move that<br />
the Gazetted Land (Consequential<br />
Provisions Bill), <strong>2006</strong>, be now read<br />
for the second time. In doing so Mr.<br />
Speaker I want to commend the<br />
Government of <strong>Zimbabwe</strong> for undertaking<br />
the Land Reform Programme<br />
which among other things served to<br />
economically empower our people<br />
in the following ways:-<br />
• decongestion of the overpopulated<br />
villages<br />
• indigenization of the Large Scale<br />
Commercial farming sector<br />
through allocation of land under<br />
A2 resettlement model, small<br />
medium and large Scale<br />
Commercial Settlement Scheme<br />
• reduction of the extent and<br />
intensity of poverty among rural<br />
families by providing adequate<br />
land for agricultural use<br />
• the promotion of environmentally<br />
sustainable utilization of land<br />
through agriculture and ecotourism
95 Business of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Business of the House 96<br />
[HONOURABLE DIDYMUS<br />
MUTASA]<br />
• the development and integration<br />
of small-scale farmers into the<br />
mainstream of commercial<br />
agriculture and<br />
• the creation of conditions for<br />
sustainable economic, political<br />
and social stability in the country.<br />
Mr. Speaker, Sir, before I go into<br />
the details of the Bill itself it will<br />
be necessary to remind ourselves of<br />
what we are talking about. Here we<br />
are talking about land and the<br />
progress so far made in the areas of<br />
Land Acquisition, Compensation,<br />
Resettlement, Planning, Land Audits<br />
and Lease Processing. In the area of<br />
Land Acquisition, over 11 million<br />
hectares of land was acquired thanks<br />
to the recent Constitutional<br />
Amendment (No. 17) Act, of 2005,<br />
which effectively barred legal<br />
challenges in respect of agricultural<br />
land compulsorily acquired for<br />
resettlement purposes. All land<br />
gazetted became state land. Hon.<br />
Members, in the area of land<br />
allocation, significant strides have<br />
been made in resettling a total<br />
of 231 251 families under Models<br />
A1 and A2 on <strong>10</strong> 462 162 hectares<br />
of land.<br />
The major challenge now is to<br />
ensure that the new beneficiaries are<br />
7<br />
productive on their pieces of land.<br />
For this reason Model A2 Land<br />
Audits are being carried out in all the<br />
eight provinces i.e. Manicaland,<br />
Mashonaland Central, Mashonaland<br />
East, Mashonaland West, Masvingo,<br />
Midlands, Matabeleland North and<br />
Matabeleland South provinces. The<br />
land audit was conducted in order to<br />
establish the plot take-up rate, assess<br />
levels of land utilization and identify<br />
problems being faced by Model A2<br />
farmers, among other things. The<br />
audits have been completed in<br />
Manicaland, Mashonaland West and<br />
Matabeleland North provinces and<br />
audit reports have since been<br />
produced.<br />
In order to give security of tenure<br />
and confidence to the new farmers<br />
for them to invest more in their farms,<br />
the Ministry will start issuing<br />
lease application forms to Model A2<br />
beneficiaries who have a minimum<br />
of three years of production on the<br />
farm. The Agriculture Land<br />
Settlement Board has already<br />
inspected 96 Model A2 farmers.<br />
Successful Model A2 farmers will<br />
be issued with 99-year Lease<br />
Agreements soon.<br />
With regards to the issue of<br />
compensation, 206 farmers have<br />
since been compensated for<br />
immovable improvements. The<br />
Government is compensating
97 Business of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Business of the House 98<br />
[HONOURABLE DIDYMUS<br />
MUTASA]<br />
previous farm owners for immovable<br />
improvements excluding land. The<br />
acquisition of farm equipment and<br />
material is done in respect of idle<br />
equipment only. It is only in the case<br />
of farms covered by country to<br />
country Agreements that<br />
compensation is paid for both land<br />
and immovable improvements.<br />
Currently, my Ministry continues to<br />
urge farmers whose farms have not<br />
been compensated to approach the<br />
Ministry so that they are compensated<br />
for their immovable improvements.<br />
Mr. Speaker Sir, Honourable<br />
Members of <strong>Parliament</strong> might recall<br />
last year when the Constitution of<br />
<strong>Zimbabwe</strong> Amendment (No. 17)<br />
Act, of 2005, which came into force<br />
on the 14 th of <strong>September</strong>, 2005 was<br />
effected, this changed the legal<br />
procedures in respect of the<br />
compulsory acquisition of agricultural<br />
land for resettlement purposes. The<br />
Constitutional Amendment, Mr<br />
Speaker also provided for the<br />
nationalization of the land that had<br />
been identified for acquisition under<br />
the Land Acquisition Act (Chapter<br />
20:<strong>10</strong>), but that was not the end of<br />
the matter, there was need to bring<br />
the current Land Acquisition Act into<br />
line with the Constitutional<br />
Amendment (No. 17) Act, of 2005,<br />
8<br />
to repeal the Rural Land occupiers<br />
(Protection from Eviction) Act<br />
[Chapter 20:26] (No. 13 of<br />
2001) and to address sections relating<br />
to compensation for improvements<br />
which were left undetermined, and<br />
this is one of the principle objectives<br />
of the Gazetted Land (Consequential<br />
Provisions) Bill, of <strong>2006</strong>, now<br />
before you for the second reading<br />
Honourable Members.<br />
Honourable Members will note<br />
that, it was also provided in the<br />
Constitutional Amendment,<br />
specifically Subsection 6 of Section<br />
16B as follows "An Act of<br />
<strong>Parliament</strong> may make it a criminal<br />
offence for any person, without<br />
lawful authority, to possess<br />
or occupy land referred to in this<br />
section or other state land,"<br />
accordingly the other principle<br />
objective of this Bill is to give effect<br />
to that section of the Constitution.<br />
This Bill is intended in part to deal<br />
with the continued occupation of<br />
gazetted land without lawful authority<br />
by former owners and other<br />
illegal land occupations. The Bill<br />
seeks to make it punishable by<br />
law to hold, use or occupy a piece of<br />
land that was gazetted for<br />
resettlement purposes without lawful<br />
authority in the form of an offer letter<br />
from the Minister of Lands, Land
99 Business of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Business of the House <strong>10</strong>0<br />
[HONOURABLE DIDYMUS<br />
MUTASA]<br />
Reform and Resettlement. In order<br />
to deter the continued illegal<br />
occupation of land after the expiry<br />
of the prescribed 90 days notice to<br />
vacate, offenders will be given a<br />
sentence not exceeding seven days<br />
and would be evicted from the farm.<br />
As all honourable members are<br />
aware, the Ministry is having<br />
problems evicting former farm<br />
owners, who continue to utilize the<br />
land after the prescribed 90 days<br />
notice to vacate is over. These<br />
have made it difficult for our people<br />
whom we have issued offer<br />
letters to move and engage in farming<br />
operations. All those still on<br />
farms without offer letters will be<br />
prosecuted for contravening the<br />
Land Acquisition Act (chapter 20:<strong>10</strong>).<br />
If a farmer was served with<br />
an Acquisition Order and is still<br />
operating on the farm, he will be in<br />
defiance of the Acquisition Order and<br />
thus can be prosecuted. Of late Mr.<br />
Speaker, these former farm owners<br />
were taking the Ministry to court<br />
challenging the evictions and<br />
generally refusing to move out of the<br />
state land, as a result most of the<br />
farmers allocated land under A2<br />
resettlement programme are still to<br />
move onto the land.<br />
The Bill also addresses the issue<br />
of unlawful fresh farm occupations.<br />
In the same instance, Honourable<br />
Members the Bill also seeks to repeal<br />
the Rural Land Occupiers<br />
(Protection from Eviction ) Act<br />
[Chapter 20:26] ( No. 13 of 2001).<br />
Prior to this amendment, this Act<br />
allowed and protected everyone who<br />
was occupying land without an offer<br />
letter. It protected our people from<br />
harassment and possible evictions by<br />
former white farmers, but the<br />
situation has since been regularized<br />
through the issuance of offer letters<br />
to all those on state land. No one will<br />
now claim protection under this law.<br />
Honourable Members, the Bill will<br />
give us the powers and sufficient<br />
scope to resolve this aspect of the<br />
land reform programme once and for<br />
all.<br />
Honourable Members will note<br />
that this Bill, validates all offer letters<br />
issued by the Minster of Lands,<br />
Land Reform and Resettlement.<br />
This is a welcome development as<br />
some farmers had to endure court<br />
action on validation of offer letters,<br />
a process which was both<br />
cumbersome and unnecessary as it<br />
affected production on farms and<br />
served to instill fear and insecurity<br />
in our farmers. As regards, the issue<br />
of compensation, the Bill states<br />
9
<strong>10</strong>1 Business of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Business of the House <strong>10</strong>2<br />
that, compensation is payable for<br />
improvements as defined in<br />
terms of the current Land Acquisition<br />
Act, though the land is being<br />
acquired undersection 16B of the<br />
Constitution.<br />
Mr. Speaker Sir, as stated in many<br />
a fora on land, there is no going back.<br />
The die is cast. The Ministry has<br />
accepted its mandate and obligations<br />
that acknowledge the fact that the<br />
current problems on land should be<br />
solved and the Bill seeks to do just<br />
that. It was through Government's<br />
recognition that some sections<br />
of the Land Acquisition Act, that<br />
no longer applied to the compulsory<br />
acquisition of agricultural land be<br />
amended to suit the currents needs<br />
and challenges of the Land Reform<br />
Programme, accordingly, the<br />
Government considered that only an<br />
Amendment to the <strong>Zimbabwe</strong>an<br />
Constitution itself could bring about<br />
a definitive conclusion to the process<br />
of acquiring agricultural land for<br />
resettlement. All in all it is my view<br />
that the Land Reform Programme is<br />
setting down in terms of problems<br />
and I have no doubt that any<br />
anomalies that remain can be<br />
corrected successfully. Mr. Speaker,<br />
Sir, I move that the Bill be now read<br />
for the second time.<br />
MRS MISIHAIRABWI<br />
MUSHONGA: On a point of<br />
order, we can hardly hear what the<br />
hon. Minister is saying.<br />
MR SPEAKER: Minister, can<br />
you raise your voice.<br />
MR MUTASA: Mr. Speaker, I<br />
shall try to do so.<br />
Motion put and agreed to.<br />
Bill read a second time.<br />
Committee Stage: With leave,<br />
forthwith.<br />
COMMITTEE STAGE<br />
GAZETTED LAND (CONSEQ-<br />
UENTIAL PROVISIONS BILL)<br />
House in Committee.<br />
Clauses 1 to 8 put and agreed to.<br />
Schedule 7 put and agreed to.<br />
House resumed.<br />
Bill reported without amendments.<br />
Third Reading: With leave, forthwith.<br />
THIRD READING<br />
GAZETTED LAND (CONSEQ-<br />
UENTIAL PROVISIONS BILL)<br />
<strong>10</strong>
<strong>10</strong>3 Adjournment of the House <strong>19</strong>TH <strong>September</strong>, <strong>2006</strong> Adjournment of the House <strong>10</strong>4<br />
THE MINISTER OF STATE FOR<br />
NATIONAL SECURITY, LANDS,<br />
LAND REFORM AND<br />
RESETTLEMENT:I move that the<br />
Bill be now be read the third time.<br />
Motion put and agreed to.<br />
Bill read the third time.<br />
MOTION<br />
ADJOURNMENT OF THE HOUSE<br />
THE MINISTER OF JUSTICE,<br />
LEGAL AND PARLIAME-<br />
NTARY AFFAIRS: Mr Speaker Sir,<br />
quite a number of hon. members are<br />
involved in the exercise of the<br />
nomination of councillors and so the<br />
approach to me has been that we<br />
adjourn so that hon. members have<br />
an opportunity to go and participate<br />
in that programme. I therefore,<br />
accordingly move that the House do<br />
now adjourn to next week. I have<br />
done consultations in respect of the<br />
request that I am making.<br />
Motion put and agreed to.<br />
The House adjourned at Three<br />
o’clock p.m. until Tuesday, 26 th<br />
<strong>September</strong>, <strong>2006</strong>.<br />
11