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PARLIAMENT OF ZIMBABWE

Tuesday, 25th August, 2015


The National Assembly met at a Quarter-past Two Oclock 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 Oclock 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 Oclock p.m.
and was resumed at Three Oclock 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
peoples 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 countrys 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 SMEs 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,
Zimbabwes 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 Peoples Republic of China established the High Performance
Computing (HPC) Centre at the University of Zimbabwe in February
2015. Zimbabwes 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 Peoples 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 Governments 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
oclock p.m. until Tuesday, 15th September, 2015.

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