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Parliamentary Report of 2013-18 by Hon Jessie Fungayi Majome Harare West.

Positions held in Parliament

1. Member of the National Assembly Harare West


2. One of the 5 members of the Parliamentary Legal Committee – which scales if legislation brought before Parliament is
constitutional
3. Member of the Local Government Committee – Committee does oversight of the Ministry of Local Government
4. Member of the Justice, Legal and Parliamentary Affairs Committee – Committee does oversight of the Justice Legal and
Parliamentary Affairs Committee.
5. Chairperson of the Justice, Legal and Parliamentary Affairs Committee (2013-2016)
6. Chairperson of the Parliamentarians for Global Action Zimbabwe Group
7. Secretary of the Catholic Legislators’ Network Zimbabwe

Motions I moved – A motion is a proposal for government to respond to certain issue.

1. GBV Motion. Mandatory stiff sentencing for rape and other gender based violence crimes
2. ZINARA Motion. A motion calling to government to return the collection of vehicle license fees by ZINARA to councils so as to
repair our roads.
3. Algeria Students Motion. A motion calling on government to give stranded students on the Zimbabwe Algeria Bilateral
Scholarship their stipends which have not been paid since 2015.

Parliamentary Impact

1. - Presentation on draft amendments to laws I presented to Minister of Justice Vice President Mnangagwa my draft
addressing Child Marriage proposed Bill to remove all child marriage from our statute books. I was
assisted by 6 organisations: RAU, ZWLA, ZLHR, CamFed, Plan International
and The Child Protection Society. The Minister made an undertaking to
incorporate my proposals into the Bill the ministry is working on.
2. - State of the Nation Address I forced the then State President Mugabe to give a state of the Nation
Address in 2015. This was after I asked the then Vice President why the
President was not giving a state of the Nation Address as demanded in
Section 140(4)
3. - Presentation of Reports by State I pointed out that State Institutions and Commissions hand in their annual
Institutions and Commissions reports before March of the proceeding year as stated in the Section 323
of the Constitution
4. - SADC Standard Road Signs Through my questions in Parliament demanding that Zimbabwe formalise
the road signs through Parliament, that’s when the Minister of Transport
brought the Statutory Instruments which standardised our roads with the
SADC region. Government had just placed road signs without informing
the public on what they mean.
5. - Import rebate The Minister on Finance added vehicles with trailers to also enjoy a
US$200 rebate on imported goods which was only limited to travellers
who used vehicles without trailers and buses.
6. - Roads Through my ZINARA motion, the local government minister declared that
Harare roads were in a state of disaster and devised the Emergency Road
Rehabilitation Programme.
7. - Xenophobic attacks I was part of the group of MPs who presented a petition to the South
African High Commission demanding that Zimbabwean citizens to be
protected from the attacks.

8. What I did in the National Assembly

Bill Debated On Contribution no dates, Hansard references?


1. Deeds Registry Amendment Bill I debated in support of the bill for incorporating 21 century changes in
technology by creating an electronic deeds registry. I also pointed out the
bill needs to make changes which acknowledge the equality of men and
women as some of the clauses discriminate women.
2. Constitution Amendment No. 1 Act I debated against the passing of this act which changed the selection of
judges. This law restored the President’s powers to choose who she/he
wants to be Chief Justice.
3. -Presidential Powers Act to bail out Premier I debated in support of our adverse report of The Parliamentary Legal
Service Medical Aid Society – Committee against government shielding Premier Service Medical Aid
Society’s from property attachment for debts with the State Liabilities Act
and Presidential Powers Act as it is a private voluntary organisation. I and
other MPs rejected the Statutory Instrument.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-01-october-2015-vol-42-no-08
4. -Criminal Procedure and Evidence I proposed a record number of 12 amendments to the bill such as blocking
Amendment Bill – the powers of the Prosecutor General to block private prosecutions which
contravenes the right to the protection of the law for everyone as
guaranteed by the Constitution, raising the age of consent to 18, the
complete removal of the notorious Section 121 which the Prosecutor
General’s office previously detain an accused person for a further 7 after
she/he is granted bail time has been reduced to 3 days.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-14-october-2015-vol-42-no-13
5. -Local Government Amendment Bill – resisted the bill that ZANU-PF bulldozed through parliament, questioned
its increasing of the powers of the Minister in to fire councillors contrary
to Section 264 of the Constitution which guarantees devolution of power.
The Bill was designed with Harare Mayor Bernard Manyenyeni who was
‘suspended’ then. Mobilised Harare Westerners to give their views at the
Harare public hearing but unfortunately 3 were injured at Rainbow towers
by ruling party thugs who came to ‘defend’ our (their) minister’
6. -Pan African Minerals University of Science I urged the ministry to stop the bad habit of making the State President
and Technology Bill the Chancellor of each and every State university as this neither augurs
well for good university governance nor State governance. I questioned
the wisdom and pointed out the absurdity of increasing and maintaining
State universities while removing State funding of them.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-09-june-2016-vol-42-no-64
7. -Land Commission Bill. Debated in support of Commission which was created by Section 296 of
the Constitution, but implored government to sufficiently fund it to enable
it to execute its duties. I urged the Minister to protect prospective home
owners from being duped by individuals who convert agricultural land for
residential purposes particularly by the government for political mileage.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-01-december-2016-vol-43-no-19

Motion Debated On Contribution

1. -President’s Speech Opening Parliament. – Criticised the government for the time it is taking to fully implement the
Constitution and proposed a referendum on the age of consent.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-22-september-2015-vol-42-no-03
2. -Motion on Child Marriage moved by Hon. Debated in support of the motion but also criticised Jah Prayzah’s use of
Mushonga – ‘sexified’ school uniform for his video ‘Eriza’ as it undermines the
campaign to end child marriage and sexual abuse by sexualizing children.
This stirred national debate on the protection of children and the social
responsibility of artistes.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-08-march-2016-vol-42-no-41
3. -Motion on Artisanal Miners moved by Hon. Urged Civil Protection Unit to urgently rescue the miners reportedly
Nduna – trapped in a mine shaft closed by a bulldozer at Pixton mine. I emphasised
the importance of the right to life.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-17-december-2015-vol-42-no-28
4. -Motion on the Disharmony in the Executive I debated in support of Hon. Maridadi’s motion on disharmony and policy
arm of the State moved by Hon. Maridadi - inconsistencies in the executive arm of the state. I criticised the increase
of road blocks which dampened tourism. I reminded the executive to live
by the Principles of Public Administration and Leadership ascribed in
Chapter 9 of Constitution. I also demanded government explain its
capricious ban of rearing quail birds which had taken the country by
storm.
http://www.parlzim.gov.zw/national-assembly-hansard/national-
assembly-hansard-10-may-2016-vol-42-no-56

9. The Questions with/ without notice that I asked in Parliament


I asked questions some from Harare Westerners, to relevant ministers.
Questions Response/Action
1. Minister of Finance – Hon. Patrick Chinamasa The Minister’s response was that it was a ‘facility’ and not a loan therefore
a) What date was the $200 million Africa his ministry did not need to comply. That is almost clever dishonesty in
Import Export bank loan for the bond avoiding the question. I’m convinced the minister acted unconstitutionally
notes concluded. When were its terms and am not giving up – I’m pursuing the question now on the parent loan
published by him in the Government of ‘the facility’
Gazette? Was this done in the 60 days
required by section 300(3) of the
Constitution?
b) Has the loan agreement been referred to
Parliament in terms of section 327 (3) of
the Constitution for approval for it to be
binding? Has it been referred to the
relevant committee in terms of the
Standing Rules and Orders? If not why
not, and when will it be so referred?

2. Why is the ministry discriminating against cross The $200 rebate was restored for all travellers after I asked the Minister
border travellers aboard coaches with trailers in why travellers in buses with trailers were denied the US$200 rebate.
depriving them of the $200 import rebate that
plane, passenger car travellers are favoured with?

3. What is the ministry doing to give incentives to The Minister said he had been asked the question before, and didn’t
the banking public to use non cash transactions respond to the question.
through reducing and removing the usurious bank
transfer electronic and non electronic charges?

2. Minister of Home Affairs – Hon. Mguni (Deputy The Minister denied that the public was not getting access to statistics. He
Minister) referred me to the Crime Consultative Committee.

To ask the Minister of Home Affairs what the


Ministry is doing to ensure that Members of
Parliament get information on crime statistics
from police stations in their constituencies,
particularly in view of the failure by Mabelreign,
Marlborough and Avondale police stations to avail
information on crime statistics on gender
based violence to the sitting MP for Harare West,
instead of referring the sitting MP to Police
General Headquarters for answers which never
come.

Hon. Majome: To as the Minister of Home Affairs The Minister said the police were apolitical and can take my complaints to
why members of the PISI Unit at Avondale Police the police. He denied that police victimised residents.
Station have taken the Avondale community to
task for co-operating with the MDC-T MP i.e.
myself on the police post issue, and what
measures he will put in place to ensure the
residents are not victimised and deprived of their
police post.

To ask the Minister of Home Affairs to explain The minister said the kits available are adequate. He said each kit is
the following to the House: accounted for and ZRP ensure there are VFU officers on duty during
a) what measures are in place to ensure that weekend of after hours. This is false!
police stations are adequately supplied with rape
investigation kits;
b) To state the measures the Ministry is taking to
ensure that the Victim Friendly Unit remains open
during weekends and after hours to address
Gender Based Violence that occurs outside office
hours.

to give an update relating to the status of The Minister said he could not comment on the issue as matter was under
investigation of case number CR28/11/14 by the investigation. The relevant school head has since been promoted to be a
Serious Fraud Squad on the allegations of provincial school inspector!
misappropriation of funds at Ellis Robins School.
To state when Avonlea police post which was built The Minister said he inspected the site but said the was not suitable to
by the community four (4) years ago and is have a police post because it was near bottle stores and bars! Would you
currently collapsing due to non-use will be opened believe that excuse? That’s where the police are needed – drug abuse, the
by the Zimbabwe Republic Police Avondale which sex trade and nuisance to the community thrives in that noise.
is insensitive of the community's need, as well as
defying instructions from Assistant Commissioner
Charity Charamba.

3. Minister of Energy – Hon. Dr. Undenge The Minister of Energy represented by the Deputy Minister of Foreign
(responded through Hon. Mbwembwe) Affairs - Hon. Mbwembwe told the house that from 2009-2015 US$243
To ask the Minister of Energy and Power million was collected from the 6% levy. According to the Minister
Development beneficiaries to this programme are schools, hospitals/clinics, government
centres, chiefs and A1/A2 farmers. The Dep. Minister informed the house
a) To state how much money was collected for that the 6% levy was passed by Cabinet on 1 July 2002 and requested me
Rural Electrification Fund purposes during the to put another question in writing on the issue of reviewing the levy.
period 2002 to 2015
b) To state which communities that have
benefited from the programme, the criteria that
was used in selecting beneficiary communities.
c) To state how Government came up with the 6%
Rural Electrification Levy on electricity bills.
To ask the Minister of Energy and Power The Minister said the decision to raise the Rural Electrification Levy was
Development to state the targets set for the Rural made 14 years previously and the government wants to increase it.
Electrification Programme and to further state
how long would consumers continue be charged
the rural Electrification Levy.
To ask the Minister of Energy and Power Minister made an undertaking that distribution of electric meters had
Development to state what the Ministry has been stalled and would resume in March 2016.
doing to ensure provision of electricity meters to
residents of Westlea especially the area opposite
Tynwald Primary School, in view of the fact that
electrification has been put on halt due to the
electricity meters which are out of stock
To ask the Minister of Energy Power and I got the minister to explain why fuel pricing was not in line with the
Development: drastic international crude oil price fall. He was extremely patronizing in
a) To explain why Zimbabweans continue seeking to paint the (wrong) impression that I have the simplistic view that
paying retail petroleum prices of about crude oil prices are the single determinant of fuel prices.
US$1.40 per litre which is consistent He unabashedly said Zimbabwe‘s fuel is expensive because it has different
with crude oil prices of US$120.00 per pricing structure as compared to other countries in the region - it’s
barrel, despite the fact that crude oil appalling that he showed no intention of correcting that distorting pricing
prices have reduced to US$30.00 per system. He shamelessly explained that other SADC nations subsidise fuel,
barrel and SADC one ranging from 59 and Zimbabwe actually taxes it. He also blamed the US dollar use and not
cents per litre in Namibia to 89 cents having refineries and importing fuel by road, yet many SADC countries
per litre in Mozambique. landlocked like us have lower prices!
b) To state when Zimbabwean petroleum The Minister said that Zimbabwe fuel prices are monitored and incredibly
consumers can expect to enjoy the proudly declared that they do not respond to crude oil prices. No concern
slump in world crude oil prices. for the motoring public there!

4. Minister of Local Government – Hon. Chingosho The Ministry’s response was that the children’s homes must have a
(Deputy Minister) payment plan. He said that councils could not afford debt forgiveness as
To ask the Minister of Local Government, Public they needed money for councils to run effectively.
Works and National Housing:
a) To explain the Ministry’s position
regarding the cancellation of council
bills of children’s homes in view of the
cancellation of all council bills for
residents in 2013.
b) To consider the cancellation of Emerald
Hill Children’s Home’s debt to the
Harare City Council which amounts to
US$64 188.61, as reflected in the
account number 70091379.
5. Minister of Defence – Hon. Sekeramayi The minister said that the deployment was constitutional as it was not a
To ask the Minister of Defence to explain why the war situation. The Constitution does not say that Parliament must be
deployment of the Zimbabwe Defence Forces to informed when it is a war situation only, but when ever soldiers are
the Equatorial Guinea for the Confederation of deployed outside Zimbabwe.
African Football Tournament was not done in
accordance with the requirement of section 214
of the Constitution of Zimbabwe which states
that, “the President must cause Parliament to be
informed promptly in accordance and in
appropriate detail, of the reasons for their
deployment…,” and to further state when
Parliament would be informed.
To ask the Minister of Defence when he would He expressed commitment to ratify it and he was consulting stakeholders
table a motion for Parliament to approve the on that the Arms Trade Treaty.
ratification of the Arms Trade Treaty which was
signed by Zimbabwe in December 2014.

6. Minister of Health – Hon. Chimedza (Deputy The Minister did not answer the question, only waffled about the PCR-
Minister) DNA which was at Wilkins Hospital.
To ask the Minister of Health and Child Care to
state when the Ministry would avail the PCR-DNA
HIV testing to the Harare Municipality’s
Mabelreign and Marlborough Satellite Clinics to
detect HIV early to enable early treatment of
parents thereby eliminating the risk of the
window period.
7. Minister of Transport – Hon. Dr. Gumbo The Minister availed the disbursement schedule of money paid to City of
To ask the Minister of Transport and Harare which amounted to US$ 9.2 million.
Infrastructural Development to avail to the House
the payment schedule of by ZINARA from the
time it took over vehicle licence collection in 2009
to 2015 and to further state:
The Minister unashamedly said the ministry could not determine which
a) How much was collected from Harare Municipal cars are in Harare as the ZINARA system only recorded the number of
area in vehicle licence fees. vehicles not where they are kept.
b) How much was disbursed to Harare
Municipality and other municipalities in
comparison to rural local authorities and the
proportion thereof as well with due regards to the
needs of Harare Municipality which has to repair
its roads.
To ask the Minister of Transport and The Minister referred me to the Minister of Local Government which runs
Infrastructural Development to explain measures ZUPCO. I have since done so in this session.
taken by the Ministry to restore efficiency of the
public transport service of Harare City Council to
similar standards that were set by the Harare
United Passenger Company of the 1980s.
To ask the Minister of Transport and At one point my questions mysteriously disappeared from the Order
Infrastructural Development to inform the House: Paper. It was only after I pressed Parliament to put the questions back on
the order paper that it reappeared. My question caused the minister to
a) What statutory instrument was used for the stop breaking the law. He used the delay caused by Parliament secretariat
strange new traffic signs i.e. such as white to do the right thing. He thus gazetted the SADC signs through a Statutory
triangles with black boarders, and road markings Instrument as required by the Road Traffic Act so that they would have the
such as continuous yellow lines at the shoulders of force of law.
roads that are being marked mainly at toll gates I believe Parliament secretariat colluded to buy time for the minister and
and to state when it was promulgated into law? save his face.

b) To further explain what the Ministry is doing to


avert the confusion arising from such signs
particularly for learner drivers and old drivers who
are unfamiliar with the strange new traffic signs.

8. Minister of Social Welfare – Hon. Mupfumira - The Minister said that government is there to evict children but to ensure
To ask the Minister of Public Service, Labour and they are protected. She said government doesn’t kick out children who
Social Services to state the policy regarding turn 18 out of homes, yet that is what happens in the homes in my
orphans who attain the age of 18 while still in constituency because the government requires it.
children's homes as it is said they have thereupon
to leave the homes, and to further explain how
the Ministry supports such orphans given that
they would still not be in a position to support
themselves.
9. I asked the Minister what the ministry was doing The Minister said there are programmes available to assist the deaf,
to ensure that the deaf access jobs, grants, however there was the prevailing economic situation which makes it
boarding passes, food and farming inputs difficult to assist. The Minister said deaf people could get jobs in
government.

10. Minister of Agriculture – Hon. Made The Minister referred the question to the Ministry of Finance.
I asked the Minister what he was doing to
reimburse a Harare Westerner Mr. T. Vambe’s
fertilizer which he purchased in 2008.

11. Minister of Women Affairs – Hon. Damasane The response from the Ministry was terse and failed to produce the
(Deputy Minister) figures of those who sought protection orders, dumping the responsibility
To ask the Ministry of Women Affairs, Gender and onto the police yet the ministry is the one that houses the Domestic
Community Development: Violence Council and implements the relevant Act.
a) To state whether it would be not
prudent to tighten the law and make it
more effective to allow the police to
apply the protection orders; and to
further state whether enough is being
been done to inform the public about
how to get protection order.
b) To state when the Ministry would table
before Parliament, its report on the
recent United Nations Commission on
the Status of Women, and progress in
implementing the SADC Protocol on
Gender and Development’s 2015
targets.

12. Questions without Notice I exposed the Executive for slacking with presenting reports late,
contravening Section 323 of constitution which demands that
Commissions submit reports by March of each year. VP said he would look
into that situation. Issue was raised twice
Leader of Government Business in Parliament said that it was not
government policy to give land to political parties. This was in response to
my question after the ZANU PF Political Commissar and Local Government
Ministry promised youths stands through UDCORP in Harare.

I asked the Deputy Minister of Primary and Secondary Education what Gvt
was doing to ensure that there are no examination leaks in light of the
System that the ministry had imported had failed to work. Hon. Mavima
(Deputy Minister) admitted that the system to secure examinations had
failed to work but had put in place a system to monitor the delivery of
examination papers from ZIMSEC to the cluster points.

I asked the Deputy Minister of Public Service why Gvt is staggering the
payment of civil servants when it says it has the capacity to pay them. He
admitted that the government had cash flow problems and said a
payment schedule and the State has an agreement with the Apex council

10. What I did as Chairperson of the Justice, Legal and Parliamentary Affairs

Bill Action
I. Portfolio Committee on Justice, Legal - Recommended that Minister of Finance money increases the ministry’s
and Parliamentary Affairs to the budget and actually disburses that allocated, that Prisons and Correctional
Budget report proposals for the 2016 Services partner private sector to become self sufficient, respects the
budget. i.e. Finance Amendment Act independence of ZEC, ZHRC, JSC, NPRC and NPA by directly allocating a
budget to commissions, independent from the Ministry of Justice’s
allocation.

II. -ERC Elections Petition Bill – I was the first Chair to insist on and to hold public hearings in terms of
section 141 of the Constitution at the 1st Bill that was referred to the
committee. to host countrywide public hearings on a petition that was
presented by the ERC. However meetings were marred with violence. I
was attacked and injured while chairing hearing in Dangamvura and
reported it to the police under CR………….with Parliament secretariat
pretty much disinterested
III. -Criminal Procedures Evidence Act and Conducted public hearings on bill. Collected views from public which
General Laws Amendment Bill – shaped the bills. A few contributions were taken up while others were
ignored.
IV. -Motion on the State of Preparedness of ZEC Initiated and enquiry into where ZEC would find money to conduct the
for By Elections Vice Presidential By Elections when the budget for that year allocated $0
for By elections. I presented the committee’s report of ZEC’s election
preparedness warning government to ensure adequately funds the
Commission for it to conduct its work effectively.

11. What I did as a member of the Parliamentary Legal Committee member

I am a member of the 5 lawyer committee whose role is to examine if Bills and statutory instruments if enacted contravene the
Constitution.

Bill Contribution
I. Criminal Procedures and Evidence Rejected the first draft of CPEA as it gave unconstitutional power to the
Amendment Bill Prosecutor General

II. Local Government Amendment Bill Unsuccessfully resisted the unconstitutional Bill which disregarded
devolution demanded in the Constitution. The ZANU PF majority 3/5 held
a fake meeting in the absence of Hon, Gonese and to stampede the Bill.
We are taking legal action against this.
*rejected Statutory instruments from Local Government Ministry
purporting to approve municipal By Laws because that power is now ultra
vires the Constitution
III. Special Economic Zones Unsuccessfully resisted bill as it exempts SEZs from the Labour Act! That is
tantamount to abrogating the labour rights guaranteed by Section 65 of
the Constitution.
IV. Presidential Powers Act used to bail out Unanimously agreed that this was illegal to have PSMAS, a private entity
PSMAS get a bail out from Government
V.
VI.

12. What I did as a member of the Local Government, Rural and Urban Development

Bill Contribution
Local Government Amendment Bill Participate in the Public Hearings on the Local Government Amendment
Bill. This bill was passed, even though there was violence at the Harare
public hearing meetings thereby depriving bona fide Harare West
residents a voice.

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