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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

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