PARLIAMENT OF ZIMBABWE

Tuesday, 25th August, 2015

The National Assembly met at a Quarter-past Two O’clock p.m.

PRAYERS

(MR. SPEAKER in the Chair)

ANNOUNCEMENT BY MR. SPEAKER

STATE OF THE NATION ADDRESS BY HIS EXCELLENCY, THE

PRESIDENT

MR. SPEAKER: I wish to inform the House that His Excellency

the President of the Republic of Zimbabwe, Cde. R.G. Mugabe will

today, 25th August, 2015 at three O’clock p.m. address a Joint Sitting of

Parliament on the State of the Nation. Business of the House will

resume after the State of the Nation Address.

Business was suspended at Twenty Minutes past Two O’clock p.m.

and was resumed at Three O’clock p.m.

3.00p.m.

MOTION

STATE OF THE NATION ADDRESS BY HIS EXCELLENCY,

THE PRESIDENT

HIS EXCELLENCY, THE PRESIDENT, CDE. R.G.

MUGABE: Madame President of the Senate,

Mr. Speaker Sir;

Honourable Members of Parliament;

Invited Guests;

Ladies and Gentlemen;

Comrades and Friends.

As a Nation, we occasionally find time to reflect on our

achievements and the challenges we face in our quest to improve

people’s quality of life.

Madame President, Mr. Speaker Sir, we have been able to do so in

an environment of peace and stability, sustained since Independence.

To this end, I wish to pay tribute to our security and defence forces, and

the generality of our people, who have joined hands in peace building

efforts, even under very difficult socio-economic conditions.

Madame President, Mr. Speaker Sir, to maintain economic growth,

and especially the creation of jobs for our people, my Government has

proposed a Ten Point Plan of:

1. Revitalizing Agriculture and the Agro-processing value chain.

2. Advancing Beneficiation and/or Value Addition to our agricultural

and mining resource endowment.

3. Focusing on infrastructural development, particularly in the key

Energy, Water, Transport and ICTs subsectors.

4. Unlocking the potential of Small to Medium Enterprises.

5. Encouraging Private Sector Investment.

6. Restoration and building of confidence and stability in the

financial services sector.

7. Joint ventures and public-private partnerships to boost the role

and performance of state owned companies.

8. Modernising Labour Laws.

9. Pursuing an Anti Corruption thrust.

10. Implementation of Special Economic Zones to provide the impetus

for foreign direct investment.

Honourable members, please take note that the continued focus on

the development of our human capital resource, will be key in this

endeavour.

Madame President, Mr. Speaker Sir, overall economic

performance, to date, indicates modest growth, particularly in the

sectors of agriculture, mining, tourism, construction and

telecommunications. The economic growth rate, which was initially

projected at 3.2 percent, is now expected to register 1.5 percent growth

in 2015, this being occasioned primarily by the negative impact of

drought in our agriculture sector.

In 2014 to 2015 season, crop production was negatively affected

by a combination of the late onset of rains and its uneven distribution,

both consequences of climate change. Consequently, the agricultural

sector performance will be below expectation. Such a situation

negatively impacts on the country’s overall economic growth. In line

with our Food and Nutrition policy thrust, Government, working closely

with the private sector and development partners, has adopted a grain

importation programme, even though, as we now discover from the

volumes of maize sales to the GMB, our farmers did better than we had

estimated.

Given the strategic importance of the Cotton Company of

Zimbabwe (COTTCO), Government will resuscitate COTTCO in order

to restore viability in cotton farming in Zimbabwe. Government will

ensure that cotton, which is largely grown by small holder farmers, can

once more provide a livelihood for over 300 000 households and jobs

for many in the textile industry. The same success story that we

witnessed in the production of tobacco over the past few years must now

happen to cotton.

Mining, in 2015, exhibits stronger growth of well above 3.5

percent, despite the impact of declining international prices. This

growth is primarily driven by substantial output increases of gold,

nickel, platinum, chrome, coal, among other minerals. In order for the

country to fully benefit from this sector, Government will maintain the

policy thrust on beneficiation and value addition that is supported by

other reforms which enhance transparency and accountability in the

sector.

Madame President, Mr. Speaker Sir, the tourism sector continues

to experience tremendous growth and development. It is set to grow by

more than 5 per cent this year, reflecting growth in confidence in

Zimbabwe as a peaceful tourism destination. Tourism is mainly being

driven by our rich climatic, natural and man-made attractions, as well

as the peaceful environment prevailing in the country. Current

interventions on marketing, relaxing the visa regime, investment in

tourism and other related infrastructure, and the promotion of the ‘Open

Skies Policy’, should see the sector making further growth.

Following the closure of large corporations, Small to Medium

Enterprises have become prominent in the Zimbabwean economy.

Although the SME’s sector has steadily become the main source of

livelihood for many, the youth, retrenchees and the unemployed, among

them, the sector is experiencing several challenges. Government will

need to address SMEs operating infrastructure, such as construction of

vendor marts and factory shells, and the provision of human power

training.

Madame President, Mr. Speaker Sir, the Financial Services Sector

generally remains stable, notwithstanding constraints in the operating

environment. This stability is a result of various initiatives by

Government and other key stakeholders. To maintain such stability,

Government will continue to focus on instituting corrective Statutory

Instruments including the amendments to the Banking Act which aims at

the strengthening of management, supervision and surveillance of

financial institutions.

Government has embarked on a US$125 million ICT project for

the migration from analogue to digital television broadcasting.

Although the migration process applies to television broadcasting only,

Zimbabwe’s radio broadcast infrastructure is also being revamped

through the same project. Once the forty-eight television transmitters

are established on designated sites, and twenty-five radio transmitters

have been installed, Zimbabwe is going to achieve universal coverage of

radio and television services for the first time in the history of

broadcasting in this country.

To further strengthen the implementation of the e-Governance

Programme, my Government working together with the Government of

the People’s Republic of China established the High Performance

Computing (HPC) Centre at the University of Zimbabwe in February

2015. Zimbabwe’s HPC is the third largest super computer on the

African continent. The immense computing power of the HPC system

can be used for socio-economic planning, numerical weather prediction,

climate modelling and many other applications to assist in informed

decision making by policy-makers.

With a view to bringing health services to the people, and improve

access, 51 Rural Health Centres have been built, 103 are under

construction, and 400 have been rehabilitated. We are also grateful to

the Government of the People’s Republic of China for the medical

equipment we have been receiving through a US$90 million loan facility

extended to us. The package includes equipment and supplies for

operating theatres, surgical, radiological, renal, dental equipment, and

special ambulances, among other medical equipment.

Madam President, Mr. Speaker Sir, in order to revamp our

infrastructural inadequacies, Government is pursuing both domestic and

external alternative financing for key programmes under ZIM ASSET.

Zimbabwe is already positioning itself for major economic take-off in

keeping with ZIM ASSET which requires massive capital injection and

rapid implementation. This has seen Government signing key projects

with China covering energy, roads, railways and telecommunication,

water, agriculture, mining and tourism.

Let me reiterate that Government recognises the importance of

strengthening re-engagement with the international community. Indeed,

current re-engagement efforts with both bilateral and multilateral

partners, including the African Development Bank, the Afro-Asian Bank

and the World Bank under various initiatives, should see improvement of

relations and the opening up of new financing avenues, for long overdue

reforms and development cooperation.

Madame President, Mr. Speaker Sir, in order to buttress the

positive economic gains recorded to date, Government will implement

policies that will improve the business environment, and promote, and

attract both domestic and foreign investment. In this regard, it is our

expectation that once the National Diaspora Policy is finalised, it should

spur our people in the Diaspora to take advantage of the many

investment opportunities existing in the economy.

In line with the Rapid Results Approach Framework, we should

see, before the 31st of December 2015, an urgent overhaul of the

Companies Act and all pieces of allied legislation which have hitherto

hindered the ease of doing business. Instead, we expect a clear and

robust legislative and regulatory framework to be urgently put in place

in order to create a One Stop Investment Centre that streamlines

processes and procedures. This is now a very urgent and high priority

matter for which those responsible will be held to account.

Government acknowledges that unsound procurement practices

are slowing down economic growth in the country. In view of this, a

new Procurement Bill will be drafted and tabled in Parliament before

the end of 2015. The Bill will incorporate COMESA procurement

Guidelines which emphasise devolution of power to award tenders to

procuring entities. The procuring entities would comprise Government

Ministries, Parastatals, State Enterprises and Local Authorities. The

State Procurement Board will be transformed into a new non-executive

procurement authority tasked with setting standards and guidelines as

monitoring compliance by procurement entities. It will also act as

advisor to Government on Public Procurement Policy.

Madame President, Mr. Speaker Sir, another key priority for

Government as we strive to return the economy to sustained growth, is

the reform of Parastatals and State Enterprises. In this regard,

Government has now embarked on a programme of Parastatal reform

which has prioritised ten strategic state enterprises to urgent attention.

In each case, specialised audits are to be undertaken and various reform

and turn-around options identified. Underlining the importance we

accord agriculture, the Parastatal reform programme is beginning with

the Grain Marketing Board and the Cold Storage Company.

In the interim, however, and as an important parallel process,

Government has also turned the spotlight on Corporate Governance

throughout the public sector, including across all parastatals, state

enterprises and local authorities. It is very clear that, over many years,

and due to a variety of reasons, the level of compliance with good

corporate governance principles at many, if not most, of our

parastatals/state enterprises, has fallen to levels well below what might

be regarded as even “minimally acceptable”.

The extravagance of remuneration packages and associated

benefits which boards and management have blithely awarded

themselves, borders on the obscene, reflecting avarice and greed,

instead of the commitment to serve which we expect, indeed demand, of

those appointed to such strategic positions. The launch, in April 2015,

of the National Code on Corporate Governance, and the current process

of integrating the principles therein in the amendments to the

Companies Act, indicate Government’s serious intent in this regard.

Following the Supreme Court ruling of 17th July 2015, which saw

thousands of workers being fired at three months notice, Government

has reviewed the Labour Act. We must remove common law provisions

that have been used by employers to unilaterally dismiss workers on

notice, sending them home empty handed. Whereas this is intended to

be a win-win outcome for business and labour in the true spirit of smart

partnerships, the labour reforms are part of the raft of policy measures

and legislation being pursued by Government to improve the Ease of

Doing Business environment.

Madame President, Mr. Speaker Sir, I wish to conclude by urging

our people to continue to treasure and safeguard the peace that we

enjoy, and to promote the unity and spirit of hard work that

Zimbabweans, all the world over, are known for. Let us continue to

believe in ourselves, to believe in our collective capacity to overcome

adversity and challenges that confront us. I thank you.

MDC Members chant Save! Save!

ZANU PF Members chant Gushungo! Gushungo!

MDC Members then broke into a song – Zanu yaora baba.

MR. SPEAKER: Order! Order! I want to remind hon. members

that we did ban the issue of singing – [AN HON. MEMBER: Ndivo

vatanga.] – Order, I hope this would be the last time when we exercise

our voices in song. It is not necessary at all – [HON. MEMBERS:

Inaudible interjections.] – Order! Order! I do not want to remove

someone from the House please. I was saying this should be the last

time. Once we identify the leader of that song, do not be surprised that

you are suspended, perhaps up to the whole session of Parliament and

that has got serious consequences in terms of your standing here in

Parliament. So I want to appeal to you that, let us restrain ourselves, no

matter what the message, no matter where the message is coming from,

there will be time for us to debate.

MR. CHAMISA: Point of clarification. It is a purely point of law

Mr. Speaker Sir. The issue I am raising is to do with our new rights that

are within the Constitution as Parliament, especially in the context of the

President having addressed us through a State of the Nation Address

(SONA). We are entitled as Members of Parliament to ask questions

after the President has finished – [HON. MEMBERS: Inaudible

interjections.] –

MR. SPEAKER: Order! Order! The hon. member is raising an

issue on privilege, so he is entitled to be heard. Can he be heard in

silence.

MR. CHAMISA: Thank you Mr. Speaker Sir. If hon. members

knew the import of this point of privilege, they would actually ululate

rather than hurting because it is meant to clarify matters so that we

embolden and enrich our democracy. The issue is not to embarrass the

Head of State but to make sure that we do what is in the Constitution –

[HON. MEMBERS: Inaudible interjections.] –

MR. SPEAKER: Order hon. members!

MR. CHAMISA: Thank you hon. Speaker Sir. I was just

mentioning this point in the context of Section 140 of our Constitution

read together with our Standing Order, Section 168 (3) which allows, in

circumstances within which our President is going to interface with

Parliament. There are four circumstances, I think for those who have

read the Constitution will understand. I think Mr. Speaker Sir, you will

appreciate what I am saying – [HON. MEMBERS: Inaudible

interjections.] –

MR. SPEAKER: Order! Order! Hon. Chamisa, do not be

destructed, address the Chair and conclude.

MR. CHAMISA: Thank you Mr. Speaker Sir. I hope you restrain

Hon. Kasukuwere from continuing to threaten me – [HON. MEMBERS:

Inaudible interjections.] – I know ndine rekeni Mr. Speaker Sir. I was

just trying to say, in terms of our Constitution and our Standing Orders,

the President will come to Parliament by way of a special address, either

to this National Assembly or Senate separately or together, which is the

first option. The second option is for the President to come to

Parliament on the basis of a question and answer session which is set

aside specifically for that. The third element is when the President

comes to Parliament through the Vice President or any Minister,

meaning to say he will have a statement that has to be read on his behalf.

The fourth one, which is specifically this one, is a State of the Nation

Address, which is supposed to be accompanied by questions that are sent

to the President so that Members of Parliament are able to raise those

questions.

So, we need that clarification Mr. Speaker Sir. As a Parliament,

we are supposed to exercise our right as a way of deepening our

democracy. I do not think that it is fair for us to pay a blind eye to the

Constitution and then say because this is what we have always done,

there is a new Constitution. Hon. Speaker Sir, I hope you will take note

of this point. I am not saying that we need the President to address us

now because he is already out, but we need to correct it for future

purposes so that we are able to be in line with the Constitution. Thank

you very much – [HON. MEMBERS: Inaudible interjections.] –

MR. SPEAKER: Order! Order! The Chair would like to make a

ruling. What Hon. Chamisa has raised is contextually correct in terms of

Section 140 of our Constitution. It is also contextually correct in terms

of Section 168 of our Standing Orders. Accordingly, the Chair takes

note of the observation and will liaise with the Senate President, the

Presiding Officer of the Senate as well as His Excellency the President

to see how feasible we can arrange such a session – [HON. MEMBERS:

Hear, hear.] – Order! Order!

REPORT STAGE

JOINT VENTURES BILL, 2015 (H.B. 4A, 2015)

First Order read: Consideration: Joint Ventures Bill (H.B. 4A,

2015).

Amendments to Clauses 2, 3, 12 and new Clause 17 put and agreed

to.

Bill, as amended, put and adopted.

Third Reading: With leave, forthwith.

THIRD READING

JOINT VENTURES BILL, 2015 (H.B. 4A, 2015)

THE MINISTER OF FINANCE AND ECONOMIC

DEVELOPMENT (MR CHINAMASA): I move that the Joint

Ventures Bill, 2015 be now read the third time.

Motion put and agreed to.

Bill read the third time.

MOTION

BUSINESS OF THE HOUSE

THE MINISTER OF FINANCE AND ECONOMIC

DEVELOPMENT (MR CHINAMASA): I move that Order of the

Day, Number 2, be stood down until the rest of Orders of the Day have

been disposed of.

Motion put and agreed to.

SECOND READING

CRIMINAL PROCEDURE AND EVIDENCE AMENDMENT BILL,

2015 (H.B.2, 2015)

Third Order read: Adjourned debate on motion on the Second

Reading of the Criminal Procedure and Evidence Amendment Bill, 2015

(H.B. 2, 2015).

Question again proposed.

MR. GONESE: Thank you very much Mr. Speaker Sir. From my

recollection, this debate was adjourned to enable the relevant Portfolio

Committee to finalise its report. As the Speaker might be aware, for the

last two weeks, the business of Committees had been suspended. The

Committee completed its public hearings but the Committee has not

been able to meet to deliberate and finalise on the report.

I believe that in the circumstances, it would be appropriate for the

debate to be further adjourned to allow the Committee time to finalise its

report, thereafter present its report and then we can have the general

debate. So, I am moving for the adjournment of the debate. I just thought

I would give the explanation so that the Minister and hon. members of

this august House would be in the picture as to what the factual position

is. As I have already pointed out, the public hearings were conducted

and finalized, but unfortunately the business of Committees had been

suspended.

THE VICE PRESIDENT AND MINISTER OF JUSTICE,

LEGAL AND PARLIAMENTARY AFFAIRS (MR.

MNANGAGWA): The hon. member has consulted me on the issue and

I have accepted that we allow the Committee to give their report.

Therefore, I move that the debate do now adjourn.

Motion put and agreed to.

Debate to resume: Tuesday, 15th September, 2015.

On the motion of THE VICE PRESIDENT AND MINISTER

OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (MR.

MNANGAGWA), the House adjourned at Five Minutes to Four

o’clock p.m. until Tuesday, 15th September, 2015.