No.

10

PARLIAMENT OF ZIMBABWE
_________________

VOTES AND PROCEEDINGS OF THE SENATE

_________________ FIFTH SESSION SEVENTH PARLIAMENT _________________ WEDNESDAY, 13TH FEBRUARY 2013 _________________ Half-past two oclock p.m President of the Senate in the Chair. PRAYERS. Members Present

Chabuka K. Chibagu G, Chimbudz i A. Chisunga Chief, Chitaka P. Dete A. A. Femai M.. Georgias AC Hlalo M.M.

Jacob E. Kabayanji ri O. Katyamae nza V. Khumalo D. Mabhiza G. . Maka mure E. K. Makore J. Makuyan a C. Mandaba M. I. N. Manyeruk e J. Marava

M. Mathuthu T. A. Masaba J. Masara S, Mbambo L. Mlotshwa S. Mohadi T.B. Moyo S.K Muchenj e V. Muchihw a R. Mumvur i D.D. E. Murerwa

H.M. Mutsvang wa M. Muzereng wa T. S. Ncube S. Rugara K. Sibanda A. Sinampan de H.M. Zvidzai S

Printed by the Order of the Senate Absent with leave Hon. Sen. Dube J., Hon Chief Mtshane L.K.,Hon Chief Nembire .,Hon Chief Shana .,Hon Chief Gampu IV.,Hon Chief Charumbira F.Z.,Hon Chief Chiduku R. M.,Hon Chief Chitanga., Hon Chief .Dandawa., Hon Chief Musarurwa E. M., Hon Chief Mabika., Hon Chief Nebiri .,Hon Chief Ntabeni., Hon Chief Masendu ., Hon Chief Ngungumbane .,Hon.Sen Sakupwanya., 1. Adjourned debate on motion in reply to the Presidential Speech (Adjourned 12th February-The Governor and Resident Minister for Matabeleland North Province). [Time elapsed: 1: 57 minutes] Question again proposed: That a respectful address be presented to the President of Zimbabwe as followsMay it please you, your Excellency the President: We, the members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament- Hon. Sen. Chief Mtshane. On the motion of the Governor and Resident Minister for Matabeleland North Province: Debate adjourned until tomorrow.
2.

Adjourned debate on motion on the Tragic and Untimely Death of Honourable Vice

President John Landa Nkomo (Adjourned 12th February The Governor and Resident Minister for Matabeleland North Province). [Days elapsed: 3] Question again proposed: That this House: SADDENED by the tragic and untimely death of the Honourable Vice President, John Landa Nkomo on the 17th of January 2013; NOTING that the loss was felt by the whole nation, which mourned a committed and dedicated luminary of our struggle for independence, democracy, freedom and justice; NOW THEREFORE, THIS HOUSE Conveys its profound condolences to the family of our departed leader; Expresses its deep sorrow and sadness at the tragic and unexpected loss of life; Takes this opportunity to celebrate the life of a man who rendered sterling service to the nation both before and after independence.- Hon Sen. S.K. Moyo. On the motion of the Governor and Resident Minister for Matabeleland North Province: Debate adjourned until tomorrow. 3. Adjourned debate on motion on the Death Penalty (Adjourned 12th February-The Governor and Resident Minister for Matabeleland North Province). [Days elapsed: 3] Question again proposed: That this House: CONCERNED THAT the death penalty is inhuman and a violation of human rights; COGNISANT that one hundred and fifty-one out of one hundred and ninety three United Nations member states have abolished this practice including the United Nations Security Council which has rejected death sentence options by the International Tribunal for those convicted of heinous crimes against humanity in former Yugoslavia and Rwanda and genocide committed all over the world, CONSIDERING that the reduction in executions in many countries and the abolition of the death penalty in some African countries' penal systems and that the UN General Assembly adopted a resolution that called upon all states with death penalties to regulate towards its elimination as a way of promoting fundamental rights; Disturbed that Zimbabwe voted against all the Resolutions on the death penalty and that there are about sixty prisoners on the death row;

NOTING that the death penalty was introduced during the colonial era and is one of the legacies of colonialism which needs to be completely eradicated; NOW THEREFORE, i. ii WELCOMES the steps taken to restrict the use of death penalty on persons as sentence. CALLS UPON the Government to: a) accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights; b) establish a de jure moratorium on the application of the death penalty aimed at its definitive abolition; and reverse the negative vote shown in the past on the new resolution calling for a moratorium of the death penalty set for December this year at the 67thUnited Nations General Assembly and to vote in favour - Hon. Sen. Marava. Motion put and the House divided: AYES-16 : Chitaka P;Femai M.;Hlalo M.M.; Makamure E. K;Makore J.;Makuyana C.;Masaba J.;Muzerengwa T. S.;Ncube S.;Masara S; Rugara K.; Sibanda A.;Sinampande H.M;Zvidzai S Tellers:Marava M ; Mlotshwa S. NOES-15: Chibagu G.;Chimbudzi A.; Dete A. A.;Georgias A C.;Jacob E.; Katyamaenza V.; Mandaba M. I. N.;Manyeruke J.;Mathuthu T.;Mbambo L.;Mutsvangwa M.;Murerwa H.M.;Muchenje V.;Tellers:Mumvuri D.D.E.;Mohadi T.B.;
Motion put and agreed to.

6.

On the motion of the Governor and Resident Minister for Matabeleland North Province: The Senate adjourned at 25 minutes past 3 oclock p.m until Tuesday 19th February 2013. E. MADZONGWE, President of the Senate. _____________________________________________________________________ TUESDAY, 19TH FEBRUARY 2013 ORDERS OF THE DAY

1.

HON. I. T. GONESE HON. SEN MARAVA That the motion to restore the Public Order and Security Amendment Bill (H.B. 11A, 2010) which was superseded by prorogation of the 4th session of the 7th Parliament be

restored on the Order Paper at the stage at which it had reached in terms of Standing Order No. 43. 2 Adjourned debate on motion in reply to the Presidential Speech (Adjourned 13th February-The Governor and Resident Minister for Matabeleland North Province). [Time elapsed: 1: 57 minutes] Question proposed: That a respectful address be presented to the President of Zimbabwe as followsMay it please you, your Excellency the President: We, the members of Parliament of Zimbabwe, desire to express our loyalty to Zimbabwe and beg leave to offer our respectful thanks for the speech, which you have been pleased to address to Parliament- Hon. Sen. Chief Mtshane.
3.

Adjourned debate on motion on the Tragic and Untimely Death of Honourable Vice President John Landa Nkomo (Adjourned 13th February The Governor and Resident Minister for Matabeleland North Province). [Days elapsed: 4] Question proposed: That this House: SADDENED by the tragic and untimely death of the Honourable Vice President, John Landa Nkomo on the 17th of January 2013; NOTING that the loss was felt by the whole nation, which mourned a committed and dedicated luminary of our struggle for independence, democracy, freedom and justice; NOW THEREFORE, THIS HOUSE Conveys its profound condolences to the family of our departed leader; Expresses its deep sorrow and sadness at the tragic and unexpected loss of life; Takes this opportunity to celebrate the life of a man who rendered sterling services to the nation both before and after independence.- Hon Sen. S.K. Moyo.

THURSDAY 21ST FEBRUARY 2013 * QUESTIONS WITHOUT NOTICE QUESTIONS WITH NOTICE

1.

HON. SEN. CHIEF NYAMUKOHO: To ask the Minister of Mines and Mining Development to inform the House; a) The owner(s) of Benson Mine in Mudzi; b) The reasons for the haphazard nature of mining activities taking place at the mine; and c) The measures in place to restore order, protection of the health of the people carrying out mining activities and avert death of illegal miners at the mine. _________________________________________________________________ NOTICES OF MEETINGS MONDAY 18TH FEBRUARY 2013 Government Caucus at 1400 hrs HIV/AIDS Hon. D Khumalo (Chairperson),Hon. Chabuka K, Hon Chimbudzi A,Chief Chitanga,Hon. Dube J.Z.,Hon Dube K,Hon. Femai M.,Hon. Hungwe J.D.,Hon. Kabayanjiri O.,Hon. Komichi,Hon Mandaba M.I.N.,Hon Manyeruke J.,Hon. Mbambo ,Hon Mohadi T.B.,Hon Muchihwa,Hon Ncube S.,Hon. Chief Nebiri,Hon. Chief Ngungumbane,Hon Sakupwanya S.U.,Hon Sinampande H. Clerk- Mrs Khumalo Committee Room 3 at 1400 hrs GENDER AND DEVELOPMENT Hon Sibanda A (Chairperson) Hon Chibagu G.,Hon. Chief Chiduku,Hon. Dube J.,Hon Gaule ,Hon Jacob E,Hon Katyamaenza V,Hon. Chief Mabika, Hon. Makore, Hon. Makuyana,Hon. Chief Masendu,Hon Mabhiza G.,Hon Masaba J.,Hon Mlotshwa S., Hon. Muchenje V, Hon Mutingwende, Hon. Muzerengwa T.,Hon. Chief Nembire,Hon. Chief Shana J.Z.,.,Hon Sinampande H. Clerk- Ms Masara TUESDAY 19TH FEBRUARY 2013 Government Caucus at 1000 hrs MILLENNIUM DEVELOPMENT GOALS (MDGs) Hon. Chief Mtshane (Chairperson),Hon Chibagu G.,Hon. Chief Chisunga,Hon Chitaka P.,Hon Dete A.A.,Hon. Chief Chitanga,Hon Dube K.,Hon Mandaba M.I.N.,Hon. Chief Masendu,Hon. Mbambo,Hon Mlotshwa S.,Hon Mumvuri D.D.E. Hon. Chief Nebiri,Hon. Chief Ngungumbane,Hon. Chief Nyamukoho,Hon Rugara,Hon. Chief Shana Clerk- Mrs Nyawo WEDNESDAY, 20TH FEBRUARY, 2013 Committee Room No 4 at 0900 hrs PEACE AND SECURITY

Hon. D. Mumvuri (Chairperson),Hon. Chief Charumbira,Hon. Chief Chiduku,Hon Chimbudzi A.,Hon Chitaka P.,Hon. Chief Dandawa,Hon. Chief Gampu IV,Hon Gaule B., Hon. Hlalo, Hon. Marava,Hon Makuyana C.,Hon Mohadi T.B.,Hon. Chief Musarurwa, Hon. Chief Ntabeni,Hon Rugara K.,Hon Sibanda A. Hon Makamure

THURSDAY, 21ST FEBRUARY, 2013 Committee Room No 311 at 1000 hrs

INDIGENISATION AND EMPOWERMENT Hon. Mtingwende (Chairperson),Hon. Chabuka K., Hon Chief Chisunga,Hon. Chief Dandawa,Hon Dete A.A., Hon. M. Femai, Hon. Chief Gampu IV,Hon Hlalo M.M.,Hon. Jacob E,Hon Kabayanjiri O., Hon. Komichi M., Hon. Chief Mabika,Hon Mabhiza G., E.K.,Hon. Makunde T.,M.,Hon Muchihwa,,Hon. Chief Musarurwa,Hon. Chief Nyamukoho Clerk- Mr Ratsakatika

Committee Room No 2 at 0900 hrs

HUMAN RIGHTS Hon. Marava (Chairperson), Hon. Chief Charumbira,Hon. Dube J,Hon. Hungwe J.D,Hon. Katyamaenza V.,Hon. Khumalo D.,Hon. Makamure E.K.,Hon. Makore J, Hon. Makuyana,Hon. Manyeruke J., Hon. Masaba, Hon. Muchenje V.,Hon. Chief Mtshane,M.,Hon. Muzerengwa T.S.,Hon. Ncube S, Hon. Chief Ntabeni,Hon. Chief Nembire, Hon. Sakupwanya S.U., Hon.Sinampande,Clerk- Ms Macheza