Thursday, 24^th March, 2022

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

The House met at 1430 hours

 

NATIONAL ANTHEM

 

PRAYER

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ANNOUNCEMENT BY MADAM FIRST DEPUTY SPEAKER

 

DEBATE ON MOTION OF THANKS ON PRESIDENT’S SPECIAL ADDRESS

 

Madam First Deputy Speaker: Hon. Members, the House will recall that debate on the Motion of Thanks on the President’s Special Address commenced on 15^th March, 2022. In accordance with Standing Order No. 20 of the National Assembly of Zambia Standing Orders, 2021, the debate lasts for ten sitting days. Therefore, the last day for debating the Motion is Thursday, 31^st March, 2022.

 

In this regard, by practice, the last three days are reserved for the Executive to debate and respond to the issues raised by the Backbench. This means, that starting from Tuesday, 29^th March, 2022, priority will be given to hon. Ministers to debate the Motion before it is wound up on Thursday, 31^st March, 2022.

 

Thank you.

 

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MATTER OF URGENT PUBLIC IMPORTANCE

 

BY MR J. CHIBUYE, MEMBER OF PARLIAMENT FOR ROAN, ON THE VICE-PRESIDENT, ON THE STATUS OF STUDENTS IN RUSSIA IN LIGHT OF THE SANCTIONS ON RUSSIA 

 

Mr J. Chibuye: On a matter of urgent public importance, Madam Speaker.

 

Madam First Deputy Speaker: A matter of urgent public importance is raised.

 

Mr J. Chibuye: Madam Speaker, thank you for giving the people of Roan this opportunity to rise on a matter of urgent public importance.

 

Madam Speaker, the matter I wish to raise is directed at Her Honour the Vice-President, and is pursuant to Standing Order 134.

 

Madam Speaker, I want to place on record my congratulations to the Government for successfully evacuating our nationals who were in Ukraine, especially Zambian students, safely back home from the time the conflict between Russia and Ukraine broke out.

 

Madam Speaker, I was in my constituency over the last weekend and was accosted by two parents who have children pursuing studies in various academic disciplines in Russia in the towns of Moscow and St Petersburg. It is coming out that the sanctions that have been slapped on Russia are having an effect on the ordinary people in that country. These parents brought to my attention that they are unable to send resources or monies to their children in Moscow and St Petersburg because their children cannot receive money or use their Visa Cards anymore. They are not even able to jump on buses using these cards. They are worried and are crying that very soon, once they run out of the pocket money that they have currently, they may end up starving to death or becoming destitute in that country.

 

Madam Speaker, what is the Government doing to ensure that those students who have been affected by those sanctions do not starve to death because they are unable to receive monies from their parents as their payment cards can no longer work in that country?

 

Madam Speaker, I seek your guidance.

 

Madam First Deputy Speaker: It seems we do not have any more matters of urgent public importance.

 

Mr Haimbe: On a point of order, Madam Speaker.

 

Madam First Deputy Speaker: May I just respond to this one since it seems to be the only one.

 

Although the hon. Member for Roan has directed this matter to Her Honour the Vice-President, I think that the person who can handle it is the hon. Minister of Foreign Affairs and International Co-operation. Truly, there is some urgency in that matter; there are people who are stranded in a foreign land. Therefore, I direct this matter to the hon. Minister of Foreign Affairs and International Co-operation so that he can come to this House and update us on what he has done so far or what he needs to do over the children who are affected by the sanctions imposed on Russia.

 

Mr Haimbe: On a point of order, Madam Speaker.

 

Madam First Deputy Speaker: A point of order is raised.

 

Mr Haimbe: Madam Speaker, thank you for giving me this opportunity to raise this point of order. The point of order is directed against the hon. Member for Kasama Central Constituency and is premised on a previous ruling of this august House made by the Speaker on 7^th December, 2021.

 

Madam Speaker, the record will show that in her ruling of that date, the Rt. Hon. Speaker of this House made a determination to the effect that hon. Members whose seats had been nullified will only return to the House upon the Constitutional Court reversing that nullification. The record will also show that that position taken by the Hon. Speaker in the ruling has not been vacated in any way.

 

Madam Speaker, the position I take is fortified by the provisions of Article 77 of the Constitution of the Republic of Zambia which provides that this House will exclusively determine its internal procedures and processes. Additionally, the principle of exclusive cognisance, which this House has previously had occasion to pronounce itself upon in the Twelfth Assembly and before, is clear that the provisions that determine the processes and procedures of this House are exclusive to the House. In that regard, and given those facts, very briefly, in the absence of the order of Madam Speaker having been vacated, it still remains valid.

 

Madam Speaker, is it in order for the hon. Member for Kasama Central to be in the House in those circumstances? I seek your serious ruling.

 

Madam First Deputy Speaker: Hon. Members, I reserve my ruling as this is a constitutional matter, to enable me study it.

 

However, before we proceed, hon. Members, the points of order are raised at an appropriate time, that is, when an hon. Member is on the Floor. With that guide in mind, let us do the right thing.

 

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MINISTERIAL STATEMENT

 

RESPONSE TO POINT OF ORDER ON FERTILISER IN PETAUKE CENTRAL

 

The Vice-President (Mrs Nalumango): Madam Speaker, thank you for according me the opportunity to respond to the point of order raised by the hon. Member for Petauke Central.

 

Madam Speaker, on 16^th March, 2022, the hon. Member for Petauke Central raised a point of order, and I quote:

 

“90 per cent of the good people of Petauke Central Constituency are farmers. They depend on farming for their staple food, which is nshima. However, this is when they are getting top dressing fertiliser, which is Urea. Every year, the small scale farmers keep maize for food, which is mealie meal, up to February and the first week of March. The first week of March is now over and so they do not have food because we received the rains very late due to climate change. Therefore, the good people of Petauke are asking the working New Dawn Government to provide them relief food to cushion them from the impact of the hunger situation.”

 

Madam Speaker, I will respond to the point of order in three different parts, just as the question was put. In the first part, the hon. Member talked of the late application of the top dressing fertiliser to maize because the fertiliser was either taken to other areas or it was received late. It is unfortunate that fertiliser is truly being delivered late and the people of Petauke Central are, therefore, applying it late. However, it is important that the truth is told all the time so that Zambians understand the situation in which we are.

 

Madam Speaker, let me state that no fertiliser was taken to any other place. It is important to remind the House that the fertiliser for 2021 was procured, or said to have been procured, and paid for by the previous administration of the Patriotic Front (PF) party. It is important to note that the fertiliser was not delivered even though, in some cases, it was fully paid for. This is the fertiliser which has caused a shortfall in the Eastern Province and some other provinces. I wish to inform the House that the undesirable situation in Petauke where farmers are only applying the top dressing fertiliser now is not a reflection of failure on the part of the New Dawn Government. The previous administration should be the one to answer for this because a contract was given, money was paid, but the fertiliser for the Eastern Province, Petauke in particular, was not fully delivered.

 

Madam Speaker, in the second part of the question, the hon. Member asked for relief food for the people of Petauke due to the lack of top dressing fertiliser and the drought or dry spell which caused maize to start wilting. This, according to the hon. Member, necessitates the need for relief food.

 

Madam Speaker, hon. Members may wish to know that the wilting of maize this season cannot be reason for the need for relief. The food that our people are currently consuming is from the crop of the last season. It is, therefore, important for the hon. Member to know that it is the duty of every person to ensure that there is food security at household level.

 

Madam Speaker, the hon. Member may wish to know that in the 2020/2021 farming season, Petauke Central received sufficient rains and, therefore, had a good harvest. Petauke Central alone sold 15,667.4 metric tonnes of maize to the Food Reserve Agency (FRA). This shows that small scale farmers in Petauke produced more than enough maize, some of which should have been stored for use as we go forward to the next farming season. The small scale farmers should be encouraged to store enough for the whole year.

 

Madam Speaker, the third point is on the culture to encourage hard work. Hard work amongst our people, especially small scale farmers, must be encouraged. It is, therefore, unfortunate that the hon. Member even created a timeline for the delivery of relief food when there was no disaster. This does not help his constituency, or any constituency, because people tend to resort to unnecessary dependence on the Government, which robs them and the rest of the country of other developmental programmes. As leaders, we should encourage the spirit of hard work and planning. However, the hon. Member can raise the issue, for example, of washed-away crossing points in Petauke like the one at Mukungwe as a legitimate concern and, indeed, the Government will listen and act. There was no disaster in Petauke to warrant the provision of any relief.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Hon. Members are now free to ask questions on points of clarification on the ministerial statement.

 

Mr J. Chibuye (Roan): Madam Speaker, in her statement, Her Honour the Vice-President stated that the Government paid suppliers to deliver fertiliser, which fertiliser has not been delivered or was delivered late. The current Republican President is concerned about the procurement process, and has stated three stages that we, especially the responsible officers, should look out for when procuring.

 

Madam Speaker, is it going to be the New Dawn Government’s tendency to pay suppliers well in advance who may also fail to supply the most required commodities such as fertiliser? What is it that the Government is doing to ensure that everyone who is contracted to supply to the Government supplies and adheres to the terms and conditions of contracts?

 

The Vice-President: Madam Speaker, thank you for the question asked by the hon. Member for Roan who wants to know whether the culture of failure to deliver, failure to deliver on time and the least cost effective transactions by people contracted to supply or to do works will continue to be the norm. I think that has been made very clear and the hon. Member referred to it. The President has made it clear; that is the position of the New Dawn Government. We are not going that way. Those are lessons that we should learn from.

 

Madam Speaker, when anybody wants to do work with the Government, they will follow those three principles. We will not allow a situation where a company is contracted to supply and even get paid way before delivery. That will not be allowed. There is an illegality in that and, therefore, we will not follow that way. You want to work with the New Dawn Government, yes, you are welcome because you are a Zambian, but you must do the right thing and not bring inconvenience to the Zambian people as that amounts to theft of public resources.

 

I thank you, Madam Speaker.

 

Mr Chala (Chipili): Madam Speaker, the statement is very clear. Do the suppliers, who were paid but failed to deliver, stay in heaven or within? Is the Government still investigating a straight forward case? Why can it not act?

 

Madam Speaker, we want a serious answer.

 

The Vice-President: Madam Speaker, I think we will leave a bit of that to the law enforcers. This is not for investigation because it is a straight forward matter like the hon. Member has heard. I am sure there are talks. I am also sure we have been talking for a long time and I think it has brought out many issues. It is not an issue for investigation when somebody fails to deliver. I think that because we are Africans, we still think they should do good, but this is the reality. It is not for investigation. There is nothing hidden about it. They did not bring the fertilizer that they claimed they had. When they were followed-up, they had no fertilizer.

 

I thank you, Madam Speaker.

 

Mr Menyani Zulu (Nyimba): Madam Speaker, I have no doubt that the Vice-President is a lady who responds to issues and I know that she will attend to these ones.

 

Madam Speaker, I was in the constituency, I think, for four days. From Nyimba to the other ward of Nyimba, I have to pass through Petauka Central and Msanzala because other roads are not passable. If you check the state of our maize in these areas today, which we call the ‘maize belt’, where we get the maize and supply to people in Lusaka to eat, you will be disappointed. The reason is very simple; the time to apply top dressing is gone. The rains have been pathetic.

 

Madam Speaker, my question is: since we are anticipating hunger, does the Vice-President have any plans for the areas that make up Petauke? Basically, Msanzala and Nyimba used to be part of Petauke, but were just broken off. Does the Vice-President have any plans to see to it that if we are hit by hunger, she will move in and supplement since we did not have enough fertilizer? The Vice- President understands that we are not a lazy people; we cultivate our own food. However, in this case, does she have any plans to come up with a plan to save the situation if it unfolds as stated?

 

The Vice-President: Madam Speaker, I thank the hon. Member for Nyimba for bringing out that concern.

 

Madam Speaker, it is the duty of the Government to continue to monitor the crop up to the time of harvest, and truly, where there is a genuine need, the Government is forever prepared to try and come through. It is the duty of the Government to ensure that none of its citizens starve for a reason that is not of their own making.

 

Madam Speaker, I think I made a statement here that we will continue to monitor because, for us, together with the hon. Minister of Agriculture, we have to assess the failure or, indeed, the success of the crop. At the end of April, we will know exactly where there may be food shortages and where the crop will do well.

 

Madam Speaker, we still believe, up to this moment, that we will have enough crops. Therefore, if Petauke will really have a shortfall, the Government will respond, but not a created one where you say, because this is the second week of March, start supplying relief, even when the crop has done well. That is the one we are saying is not a disaster at all, but a lack of planning. However, where there is a real disaster, it is the duty of the Government to come through.

 

I thank you, Madam Speaker.

 

Mr Mumba (Kantanshi): Madam Speaker, if the Government assessment right now is that there will definitely be a crop failure because of the fact that the fertiliser companies that were contracted did not deliver top dressing fertiliser, would it not be prudent for the Ministry of Agriculture to suspend the exportation of maize until such a time that the Government has accurate information in as far as our crop output is concerned? As she knows, maize is our staple food and quite a political crop.

 

The Vice-President: Madam Speaker, that is a genuine concern of any Zambian who loves the people. I will start by saying that we in the Government are aware of the amount of maize that we have in the country. We are also aware of the food in the reserves at the Food Reserve Agency (FRA). We are also aware of the maize that is held by farmers and are very cautious because of the pattern of the rains this year. We have had floods and dry spells.

 

Madam Speaker, we have been and still are very cautious in the manner that we export. Whatever we export, we first think of home; are the people at home safe? We are taking great care in the issue of the export of the maize. Until we see the crop that we are going to produce this year, we will not make another decision as to how much can be exported. However, I can assure the people that the maize stored now is enough to take us through. We should not have a problem of having hunger in our country due to a lack of –

 

Interjection

 

The Vice-President: The hon. Minister is telling me that we still have food for fourteen months. So, we can go beyond the crop this year and people can start eating by May, basically.

 

Madam Speaker, we are waiting to see how much we can restock and be able to export. That is where we are going. We should work so hard, through the hon. Minister of Agriculture, to ensure that we become, at least, as Zambians, suppliers of food even to other neighbouring countries, but we need to take care.

 

I thank you, Madam Speaker.

 

Mr Peter. Phiri (Mkaika): Madam Speaker, I m aware that there is a component of insurance if the worst comes to the worst.

 

How can our farmers access this insurance or be compensated under it so that, at least, they are paid something for the loss they will incur?

 

The Vice-President: Madam Speaker, I thank the hon. Member for the question on the issue of insurance. Farmers under the Farmer Input Support Programme (FISP) are insured with a company called Polar for when there is total failure due to FISP.

 

Ms Mwamba (Kasama Central): Madam Speaker, in her statement, Her Honour the Vice-President mentioned that funds were released for inputs for the Eastern Province. Then she further went on to say that we should ask from the previous Government. I would like her to guide on who should be asked in the previous Government so that they are brought to book.

 

The Vice-President: Madam Speaker, except for one word, it makes a lot difference. I did not say ‘ask’. I did not use the phrase ‘ask the former administration’. I would not say that. Otherwise, we would not have taken responsibility as the New Dawn Administration for a lot of liability that was left. That is why we have worked very hard. What I was giving was history. It should not be forgotten. Where did this problem come from? The issue of illegality and criminality, if any, indeed, whether you have vacated office will follow you; that is a different matter. However, administratively, the Government takes over everything.

 

Madam Speaker, we have done so much in the field of agriculture, including the buying of extra fertiliser for the people, where it was not given; and the buying of the maize, which was not catered for. That is new money we had to find through the New Administration. So, we are not pushing the buck on the old administration. However, criminality is criminality; that is a different matter, but we are responsible for the governing of this country.

 

I thank you, Madam.

 

Mr Mtayachalo: (Chama North): Madam Speaker, I think that from Her Honour the Vice-President’s statement, it is clear that the Patriotic Front Government was very prudent and very proactive because it paid for this fertiliser although it was not delivered.

 

Madam Speaker, a Government is a going concern. Therefore, whatever happened is on the shoulders of the New Dawn Government. Her Honour the Vice-President still has officials in the Ministry of Agriculture who are still working; does she not think those can help to ensure that this matter is put to rest as quickly as possible?

 

The Vice-President: Madam Speaker, I thank the hon. Member for Chama North who sees prudence in criminality.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Madam Speaker, I am personally disappointed by the statement made by the hon. Member, whom I know very well, I can claim, that there was prudence in paying a contractor who did not supply, when people were assured he would. This is why people think hon. Members on your right hand side are the same as other people. People who were in office claimed that fertiliser had been purchased and that it was going to be delivered by July. Truly, this fertiliser was paid for in April, and you call that prudence when you have not seen the goods? Is that prudence to the hon. Member?

 

Hon. Government Members: Shame!

 

Madam First Deputy Speaker: Order, hon. Members.

 

The Vice-President: I repeat that the hon. Member and I come a long way and I am surprised he thinks this is prudence. Yes, anybody who was found wanting will be arrested. It was recently that we saw people who were selling fertiliser fired or arrested. If you are caught up in this, please, do not see it as political. We will not continue to use politics as an excuse for wrong doing.

 

Hon. UPND Members: Hear, hear!

 

The Vice-President: Politics is service to the people. If you served your people well, nobody will harass you. If you did well, even God will be on your side.

 

Hon. UPND Members: Hear, hear!

 

The Vice-President: If, however, you did something wrong, you will have to answer for it. Why did you pay millions without seeing the fertiliser? It is very touching and upsetting that people could behave in that manner. You heard the Hon. Member for Roan Constituency refer to the three principles; that is how you do things. You do not supply air, get money and make a profit. Even if you were to supply, how do you supply six months after you have been paid when that was not part of the contract? What were you doing with the money? This is a scam and we should call it that way.

 

I thank you, Madam Speaker.

 

Mr Sampa (Matero): Madam Speaker, the statement by the Vice-President on Petauke is well noted. However, given the conundrum or the circumstances around fertiliser in Petauke, and for a minute forgetting who caused the problem, was the fertiliser that was bought by Alfa Commodity a solution that helped the people of Petauke? Furthermore, given the scenario as is now, the late delivery of fertiliser in Petauke, is Her Honour the Vice-President foreseeing a Zambia, in the six months, where there will be a maize shortage, mealie meal price going up and we may start to import maize?

 

The Vice-President: Madam Speaker, I think I have already assured Zambians that with the stock we have currently, we can go up to April next year if we do not export, and we do not intend to export carelessly. I think I made that statement. So, the hon. Member should not have such a fear.

 

Madam Speaker, he brings in the purchase of fertiliser by Alfa Commodities, but I fail to connect. I will tell a story to the hon. Member who asked the question, and through him, to the House. The issue of Alfa Commodities should be taken in context. Alfa Commodities, like other companies, was one of those contracted by the Government last year before the New Dawn Administration. The delivery of the goods was so bad except by Alfa Commodities and Nitrogen Chemicals of Zambia (NCZ), which delivered.

 

Madam Speaker, I want Zambians to get it clearly. When we were stuck because we needed to supply fertiliser to areas that were on the Electronic Voucher (e-Voucher) but had been migrated onto the Direct Input Support, we had to look for a company to supply. The hon. Minister made a statement here on this. We had to look around. This was November, hon. Members. We are talking of November and we had run out of time. There was no way we were going to start advertising and going through the processes when we had a list of suppliers already contracted. Alfa Commodities and the NCZ had delivered; so we had to look at which one of these that had finished delivering could deliver.

 

Hon. UPND Members: Hear, hear!

 

The Vice-President: We looked at the NCZ as it was also given a contract except that, according to what it had, it could not fulfil the need that we had in the two provinces and part of Lusaka Province. Therefore, Alfa Commodities which had also performed was given a contract. I do not know why the hon. Member is talking of the purchase by Alfa Commodities. Alfa Commodities purchased fertiliser, although I am aware that there was an issue of quality of some bags, which were replaced.

 

Madam Speaker, as to the purchase, how does it affect Petauke?

 

Madam Speaker, we may think that because there were trucks of Alpha Commodities Limited coming from the Eastern Province, fertilizer was deviated. This New Dawn Government cannot go that way. There is a fertilizer vender in the Eastern Province who was selling fertilizer even to other companies like Neria Investments Limited. Alpha Commodities Limited found that as a source and bought from it. It had nothing to do with the fertilizer that was supposed to be supplied by others. You can follow the trail. That is the way we work.

 

I thank you, Madam Speaker.

 

Hon. UPND Members: Hear, hear!

 

Ms Nyirenda (Lundazi): Madam Speaker, I thank Her Honour the Vice-President for that elaborate answer she has given to the people of Petauke. Hunger is being talked about because people start eating fresh maize around this time. As at now, they will not have any fresh maize. Worse still, they may not even have a good harvest in the end.  

 

Madam Speaker, to Her Honour the Vice-President of the Republic of Zambia, my mother, people are asking: since this is the last time that they are ever going on be the Fertiliser Input Support Programme (FSIP), is the caring Government of the United Party for National Development (UPND) not considering them for this relief maize?

 

Interjection

 

Mrs Nalumango: Madam Speaker, the hon. Member is giving me figures, but maybe, for now, it is okay.

 

Madam Speaker, the hon. Member has made one fundamental statement, unless the hon. Minister tells me today that this policy has shifted and that this is the last FSIP. I do not know because I have not been informed of that. What I know is that even the 2022/23 farming season will still have the FISIP Programme because that is what we are planning, at least, as a Government. Generally, unless the hon. Member is saying that the place she referred to had no crop last year, I do not think we plan in my village to keep crop that will last us up to March. Generally, you are not harvesting maize and you want to keep enough food so that even when you sell, like Zambia sold –

 

Hon. Members will remember that we struggled to find money to buy extra maize. So, this means that Zambians had produced a pumper harvest. Now, after the pumper harvest, you only keep up to March? No, that is not planning my daughter and my sebele.

 

I thank you, Madam Speaker.

 

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QUESTIONS FOR ORAL ANSWER

 

CONSTRUCTION OF POLICE STATION AT MUNYUMBWE IN GWEMBE DISTRICT

 

309. Mr Simuzingili (Gwembe) asked the Minister of Home Affairs and Internal Security:

 

(a)        whether the Government has any plans to construct a police station at Munyumbwe in Gwembe District;

 

(b)        if so, when the plans will be implemented; and

 

(c)        what the estimated cost of the project is.

 

The Minister of Home Affairs and Internal Security (Mr Mwiimbu): Madam Speaker, the Government has plans to construct a police post and three housing units at Munyumbwe in Gwembe District. Currently, the Zambia Police Service is using the Munyumbwe District Council Offices.

 

Madam Speaker, the Government has prioritised infrastructure projects which are, at least, 80 per cent complete. Therefore, the plan will be implemented when on-going projects are completed and funds are made available.

 

Madam Speaker, the estimated cost is K5 million.

 

I thank you, Madam Speaker.

 

Mr Sing’ombe (Dundumwezi): Madam Speaker, Gwembe is a district and, therefore, I just want the hon. Minister to clarify whether he said that there are plans to construct a police post or a police station.

 

Mr Mwiimbu: Madam Speaker, may I inform the House that Gwembe District has a police station in Gwembe Township, hence the desire by the Government to construct a police post in Munyumbwe.

 

I thank you, Madam Speaker.

 

Mr Simuzingili: Madam Speaker, Gwembe was established in 1947 and, therefore, seventy-five years old. What is being purported to be a police station in Gwembe Township used to be a Judiciary Building in the colonial days which was transformed into a police post. We would not call it a police station because there is no attending infrastructure that goes with a police station. What comfort is the hon. Minister giving to the people of Gwembe that seventy-five years after its establishment, they can have a police station with all necessary infrastructure surrounding a police station.

 

Mr Mwiimbu: Madam Speaker, as you noted from my answer, we are going to provide infrastructure that has never been provided in Munyumbwe. We have said that we are going to build a police post. You have to note that a police post has all the requirements of a police station; it is a question of nomenclature. Further, we are saying that for the police station that we are going to construct, we are also going to construct three houses for police officers. This is something that has never been done before. After we have done that, in future, we may upgrade this police post to a station.

 

Madam Speaker, I thank you.

 

Mr Simuzingili: Madam Speaker, the situation in Munyumbwe in terms of security is so bad. There are karavinas that are still hovering around along the lake shore and the hon. Minister is very much aware of. In addition, there are cattle wrestlers that are stealing animals from Zimbabwe and bringing them into Zambia. Some goods are also being stolen from Zambia and are being taken to Zimbabwe. What is the immediate plan to avert this current situation which is so sad, as we await the construction of those permanent structures that he intends to give to the people of Munyumbwe?

 

Mr Mwiimbu: Madam Speaker, you may note that in my answer to part (a) of the question, I did mention that we have already provided police presence in Munyumbwe. Currently, the police is utilising the premises of the Gwembe District Council.

 

I thank you, Madam Speaker.

 

Mr Chaatila (Moomba): Madam Speaker, Munyumbwe neighbours my constituency. We are grateful that, at least, something has been done to ensure that there is police presence there.

 

Madam Speaker, one of the challenges that our police officers face is the issue of the lack transport. Since the hon. Minister indicated that currently, the Government is considering projects that are above 80 per cent complete, is he able to help the police officers at Munyumbwe by giving them a vehicle so that they can enhance their patrols to curb the vices which the hon. Member for Sinazongwe mentioned?

 

Mr Mwiimbu: Madam Speaker, I would like to repeat the statement I made the other week where I indicated that the transport situation throughout the country in the police service is an emergency. There is no police station currently, Madam Speaker, which has adequate police vehicles. We, as the New Dawn Government, are making arrangements to ensure that in due course, we provide transport for all police stations in the country. That is a matter the Government is seriously considering through the hon. Minister of Finance and National Planning. In due course, I will come back to the House and inform the nation on what we have done. At the moment, it is not possible for me to assure the House that I will find a vehicle for the Munyumbwe Police Station, but I am aware of the problems.

 

Madam Speaker, I thank you.

 

Mr C. Mpundu (Chembe): Madam Speaker, has the hon. Minister already engaged stakeholders, that is, chiefs and headmen, to secure the land where this police post he mentioned will be constructed?

 

Mr Mwiimbu: Madam Speaker, I assure the House that land is readily available for the construction of a police post, and a police station, in due course, and the construction of police houses in Gwembe. The land is readily available.

 

I thank you, Madam Speaker.

 

Mr Malambo (Magoye): Madam Speaker, considering that Gwembe is at the corner of Gwembe District, does the hon. Minister not think it important to construct a police station right where the Civic Centre and the Boma are domiciled, right at Munyumbwe?

 

Madam First Deputy Speaker: I think that in the answers that were given by the hon. Minister, he talked about Munyumbwe; the construction of a police post at Munyumbwe. However, the hon. Minister of Home Affairs and Internal Security can respond.

 

Mr Mwiimbu: Madam Speaker, I thank you for that intervention. I want to reconfirm that the Government has plans to build a police post at Munyumbwe with three houses for police officers.

 

I thank you, Madam Speaker.

 

Mr Sampa (Matero): Madam Speaker, the statement by the hon. Minister is noted. Indeed, it is good news for the people of Munyumbwe that the Government is undertaking to give them a police post. All Zambians should feel secure and safe.

 

Madam Speaker, can the hon. Minister guarantee when his undertaking on the Floor of the House will be implemented, given that there are other undertakings that are still pending like the construction of the Matero/Zingalume Police Post?

 

Mr Mwiimbu: Madam Speaker, I repeat my answer to part (b) of the question.

 

I thank you, Madam.

 

Mr Lubozha (Chifubu): Madam Speaker, at Munyumbwe, the room where police officers are squatting and which is also serving as the police post was constructed for a different purpose. This is, indeed, unfortunate. It is now time for the hon. Minister to act. They said that our colleagues never gave them an opportunity to serve and give the Southern part of the country the opportunity to have facilities that the Government is supposed to give the people. The time has come for him, as the hon. Minister of Home Affairs and Internal Security, to act.

 

Madam Speaker, what is the hon. Minister doing about this terrible situation in Munyumbwe? If possible, is the hon. Minister advising the hon. Member for Gwembe to use part of the Constituency Development Fund (CDF) to construct a police post there?

 

Mr Mwiimbu: Madam Speaker, as I indicated earlier, the Government has plans to construct a police post with auxiliary houses for police officers in Munyumbwe. I also take note of the advice that has been given by the hon. Member for Chifubu that the hon. Member of Parliament for Gwembe can also utilise the Constituency Development Fund (CDF) to supplement the efforts of the Government. After all, the CDF is a fund that is provided by the Government.

 

I thank you, Madam Speaker.

 

Mr Jamba (Mwembeshi): Madam Speaker, in his responses to the hon. Member for Moomba, the hon. Minister said that the Government was preparing to buy adequate motor vehicles for the police service. In Shibuyunji, there is equally no motor vehicle for police. Is the hon. Minister considering negotiating with other relevant authorities to have vehicles which have been abandoned by thieves in places like Lusaka distributed to various police posts in the manner ill gotten money which was taken from some people was given to students at universities?

 

Mr Mwiimbu: Madam Speaker, I thank the hon. Member for Mwembeshi for that question and intervention. After all the processes and procedures are complied with, and if there will be no challenges pertaining to the vehicles that we have seized and they are available to the Government of the Republic of Zambia, we shall make available some of those vehicles to the Zambia Police Service.

 

I thank you, Madam Speaker.

 

______

 

BILLS

 

SECOND READING

 

THE EMOLUMENTS COMMISSION BILL, 2022

 

The Vice-President (Mrs Nalumango): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, the Constitution of Zambia (Amendment) Act No. 2 of 2016, under Article 232, establishes the Emoluments Commission with the mandate of determining the recommendation of a relevant authority or commission, the emoluments of public officers, chiefs and members of the House of Chiefs, as provided for in this Constitution or as prescribed. Further, Article 264, Clause 1, 2, and 3 are instructive as follows:

 

1. a public officer, chief and member of the House of Chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the Emoluments Commission;
2. the emoluments of a State officer, councillor, Constitutional office holder and a judge shall be determined by the Emoluments Commission, as prescribed;
3. the emoluments of a person holding a public office, chief and members of the House of Chiefs shall not be altered to the disadvantage of that person during the person’s tenure of office.

 

Madam Speaker, the establishment of the Emoluments Commission is a recognition of the fact that the remuneration system that is salaries, allowances, benefits, emoluments and compensation in the Public Service is characterised by serious inconsistencies, variations, huge distortions and disparities in salaries, quality and conditions of service and job grade structure in state organs and state institutions. In a number of cases, pay does not reflect the level of responsibilities, productivity, performance, equity, fairness, capacity to pay and sustainability.

 

Madam Speaker, while the definitions of ‘the chief’ and ‘member of the House of Chiefs’, ‘State officer’, ‘councillor’, ‘Constitutional office holder’ and ‘a judge’ are very clear, the definition of ‘public office’ is covered by various definitions.

 

Madam Speaker, the Constitution, under Article 266, defines ‘public officer’ to mean ‘a person holding or acting in a public office’. A public office under the same article is defined to mean ‘an office whose emoluments and expenses are a charge on the consolidated fund or other prescribed public fund and includes a State office, constitutional office and an office in the Public Service including that of a member of a commission’.

 

Madam Speaker, while the ‘consolidated fund’ entails ‘the Treasury’, ‘prescribed public fund’ is defined in the Public Finance Act, 2018 to mean ‘those funds received electronically or in any other form in person, through the bank or any other financial institution on behalf of the central or local Government by an office holder by virtue of the office holder’s employment and includes public monies’. The Act defines ‘public monies’ to mean ‘money received by an office holder electronically or in any other form in the course of the office holder’s employment or any other person directly or indirectly for the purpose of the central or local Government and includes all stores, stamps, negotiable instruments, bonds, debentures, investments, donations and other securities raised by or received by or on behalf of or for the benefit of the republic’.

 

Madam Speaker, the definition of ‘public office’ also includes all institutions whose emoluments or expenses are a charge on other prescribed public fund. The Constitution defines ‘prescribed’ to mean ‘provided for in an Act of Parliament’ and the Public Finance Management Act, 2018, prescribes public funds. Therefore, any institution that was created by statute or where the Government has a controlling interest receives money for or on behalf of, or for the benefit of the Republic of Zambia is adequately covered under this Constitution once the law is read in totality and not in isolation.

Further, the Constitution gives a definition of emoluments to include ‘salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement’.

 

Madam Speaker, the Emoluments Commission Bill has been submitted to this House to operationalise an independent Emoluments Commission that will provide for a harmonised and unified framework to govern the determination and management of emoluments for chiefs and officers in a State organ and State institution and eradicate wage discrepancies among chiefs and officers in a State organ and State institution.

 

Madam Speaker, most countries have now established independent institutions in salaries administration to align to international best practices. Notable African countries that have established successful independent institutions in emoluments management include South Africa, Namibia, Kenya, Ghana and Papua New Guinea. Elsewhere, Honduras, Trinidad and Tobago, El Salvador, France and Ireland, among others, have well functioning independent institutions. This has led to the objective determination of salaries and conditions of service in the Public Service while taking into account macro-economic conditions, fiscal, availability and competitiveness of public sector wages relative to those in the private sector.

 

Madam Speaker, the operationalisation of the Emoluments Commission will facilitate equitable and fair remuneration; reward performance and productivity; enable public institutions to attract and retain requisite skills; and enable the Government to pay equal pay to persons for work of equal value. Additionally, the operationalisation of the Emoluments Commission will, among others, ensure a consistent, comprehensive and systematic approach to the determination of emoluments of chiefs and officers in a State organ and State institution.

 

Madam Speaker, the Bill is a progressive move to resolve the long standing problem of the management of emoluments in the Zambian Government. I, therefore, urge hon. Members of this august House to support it.

 

I thank you, Madam Speaker.

 

Mrs Munashabantu (Mapatizya): Madam Speaker, in accordance with its terms of reference, as provided in the National Assembly Standing Orders No. 198, the Committee was tasked to scrutinise the Emoluments Bill, 2022.

 

Madam Speaker, let me state from the outset that the Emoluments Bill, 2022, seeks to provide for a harmonised framework to govern the determination and management of emoluments of chiefs and officers in State organs and State institutions.

 

Madam Speaker, let me also state that the Committee is in support of the Bill, and in support, it makes the following observations and recommendations:

 

Madam Speaker, with regards to Clause 5, the Committee notes that having an institution that falls under the Executive such as the Emoluments Commission, determining the emoluments due to hon. Members of Parliament, judges and public officers in the Judiciary and Legislature goes against the doctrine of separation of powers which provides that no single arm of the Government should have control over the others. The doctrine requires that each arm of the Government is separate and independent. Such independence includes financial autonomy and the power to determine the emoluments due to its officers.

 

Madam Speaker, in this regard, the Committee recommends that the Judiciary and legislature should be excluded from this Bill to ensure financial autonomy as well as to enhance their independence and the separation of powers.

 

Madam Speaker, under the same Clause, the Committee also notes that the functions of the Emoluments Commission provided under Clause 5(2)(c) and (d) do, in fact, ensure equity and fairness by harmonising salaries for similar State institutions. However, it will be necessary to clearly define parameters of harmonisation as not all State institutions are the same. Harmonisation will, therefore, require the consideration of the industry's baselines in order to ensure that State institutions are competitive enough to attract and retain the best talent within the industry.

 

Madam Speaker, the Committee, therefore, recommends that the Government should ensure that the parameters of harmonisation are clearly defined and that industry baselines are taken into consideration during the harmonisation process. This will enable the boards of State institutions to determine the adjustments needed in the remuneration structure in order to remain attractive and employers of choice

 

Madam Speaker, last, but not the least, the Committee notes that the determination of conditions of service in institutions that do not draw funds from the Consolidated Fund has the potential to create red tape and multi-layers of approval processes leading to a loss of talent in institutions. Further, it will also result in attempts to make comparisons between institutions that should not be compared.

 

Madam Speaker, the Committee, therefore, recommends that the power to determine conditions of service in institutions that do not draw funds from the Consolidated Fund should not be vest in the Emoluments Commission. This will also prevent attempts to make comparisons between offices that should not be compared.

 

Madam Speaker, allow me, in conclusion, to place on record my sincere thanks to all the stakeholders who appeared before the Committee and made submissions on the Bill. I also thank you and the Office of the Clerk of the National Assembly for the guidance and support rendered to the Committee during the consideration of the Bill.

 

Madam Speaker, I thank you.

 

The Minister of Justice (Mr Haimbe): Madam Speaker, I thank you for giving me an opportunity to debate the Emoluments Commission Bill.

 

Madam Speaker, Article 232 of the Constitution of Zambia, as amended, provides for the establishment of the Emoluments Commission and mandates the Commission, on the recommendation of the relevant authority or commission, to determine the emoluments of public officers, chiefs and Members of the House of Chiefs. This is buttressed by Article 264 of the Constitution of Zambia, which further mandates the Commission to determine the emoluments of a State officer, councillor, constitutional office holder and a judge.

 

Madam Speaker, the objectives of the Bill have already been outlined. However, it is important for us to give a historical perspective of where we are coming from in order to underline the relevance of the Emoluments Commission, which is intended to be created by the Bill.

 

Madam Speaker, over the years, a number of efforts by previous Governments have been made to rationalise emoluments in public institutions and these efforts have influenced recent interventions on the determination of emoluments in the Public Service. Some of the efforts include the following:

 

1. between 1993 and 2011, the Government appointed ad-hoc committees and implemented piece-meal measures to address pay and incentives challenges;
2. adoption of a Medium-Term Pay Reform Strategy which was the first step towards the formulation of a Pay Policy. The strategy provided for broad policy options; established links to major parameters of the policy; and identified principles upon which the policy would be built.

 

Madam Speaker, other reviews were undertaken, but this honourable House will note that the aforementioned Government efforts did not yield the desired results due to the lack of an independent body to ensure that the implementation of the measures as well as monitoring and evaluation of the impact of the Government interventions was done. The huge disparities and distortions in emoluments are exacerbated by the following:

 

1. the existence of multiple and unco-ordinated negotiating points for salaries and conditions of service in the Public Service. Currently, there is no harmonised and unified framework for determining and approving salaries and conditions of service that takes into account the short, medium and long term socio-economic perspectives;
2. the existence of numerous and complex pieces of legislation governing the determination of emoluments in the Public Service;
3. the non-undertaking of job evaluation which is a cornerstone of the principle of equal pay for equal work across the Public Service; and
4. the lack of a system to link pay to performance and productivity.

 

Madam Speaker, information obtained by Cabinet Office in 2019 on salaries and conditions of service for statutory bodies and grant aided institutions also revealed distortions, inequalities, anomalies and inconsistencies in remuneration in institutions of similar mandates. For example, the percentage difference between the highest paid Chief Executive Officer (CEO) and the lowest paid CEO was a whopping 73 percent.

 

Madam Speaker, it is worth noting also that the Salaries Review Commission of 2010, the Public Service Pay Policy (PSPP) and the Integrated Total Competitive Remuneration Strategy (ITCRS) 2012-2021, all recommended the establishment of an independent remuneration body.

 

The operationalisation of the Emoluments Commission will be advantageous in the country as the Commission will:

 

(a)        establish a harmonised and unified framework for determining emoluments and eradicate wage discrepancies in State organs and State institutions;

 

(b)        provide a rational, consistent, comprehensive and systematic approach to improving the pay and incentives regime in order to enhance human and motivational capital across the Public Service while taking into account the development needs of the country;

 

(c)        provide the neutrality and independence required to achieve equity and fairness and inspire confidence in the remuneration determination process; and

 

(d)        provide oversight and co-ordinate the determination of emoluments of officers in a State organ and State institution.

 

Madam Speaker, the salient provisions of the Bill, therefore, operationalise the Emoluments Commission; provide the principles by which the determination of emoluments are governed; provide the period within which a review cycle is determined; and provide a procedure for the submission of proposals on emoluments by relevant authority and the factors to be considered when preparing and submitting proposals.

 

Madam Speaker, the Bill is very progressive as it provides a legal framework for the operationalisation of the Emoluments Commission. Additionally, the Bill should be supported because it is a result of a wide stakeholder consultation process.

 

Madam Speaker, I urge hon. Members of this august House to wholeheartedly support it.

 

Madam Speaker, I humbly support the Bill and beg to move.

 

I thank you, Madam Speaker.

 

The Vice-President: Madam Speaker, I thank the hon. Members of this august House for supporting the Bill because silence means that we all do agree that there is a need to harmonise salaries and other conditions of service so that each institution is able to attract the very best of officers.

 

I thank you, Madam Speaker.

 

Question put and agreed to and the Bill read a second time.

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 29^th March, 2022.

 

THE ZAMBIA INSTITUTE OF MARKETING BILL, 2022

 

The Minister of Tourism (Mr Sikumba) (on behalf of the Minister of Commerce, Trade and Industry (Mr Mulenga)): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, I thank you for the opportunity given to present my statement on the Zambia Institute of Marketing Bill of 2022. As you are aware, the Ministry of Commerce, Trade and Industry is responsible for promoting the practice of marketing in Zambia through the Zambia Institute of Marketing (ZIM).

 

Madam Speaker, ZIM was established under the Zambia Institute of Marketing Act No. 14 of 2003, which was enacted to supervise and promote the practice of marketing in Zambia. During the implementation of the Act, several lacunas and challenges have been identified that have negatively impacted the effective promotion and supervision of the marketing fraternity in Zambia.

 

Madam Speaker, it is worth noting that the Act does not provide for adequate enforcement. This, therefore, necessitated the proposal to repeal and replace the 2003 Act. Considering how essential and critical ZIM is to the business landscape in Zambia, the proposed new Act will address lacunas in the Act and ensure that the law adequately covers all aspects of marketing.

 

Madam Speaker, you may wish to note that the Zambia Institute of Marketing Act No. 14 of 2003 is being repealed in order to redefine the powers and functions of the institute, that is, to promote and enhance the marketing profession and provide for the mandatory registration of marketers and regulation of their practice and professional conduct. The revision is necessary as it will strengthen the institute’s supervision and oversight on the marketing profession for it to effectively facilitate the implementation of the law.

 

Madam Speaker, the objectives of the Bill are, but are not limited to the following:

 

(a)        continue the existence of ZIM and redefine its powers and functions;

 

(b)        promote and enhance the marketing profession;

 

(c)        provide for the registration of marketers and regulate their practice and professional conduct;

 

(d)        repeal and replace and the Zambia Institute of Marketing Act of 2003; and

 

(e)        provide for matters connected with, or incidental to, the foregoing.

 

Madam Speaker, the Zambia Institute of Marketing Bill of 2022, once enacted, will continue being implemented by the Ministry of Commerce, Trade and Industry through the continued existence of ZIM.

 

Madam Speaker, the marketing profession is very important to economic development because of its role in attracting both investment and tourism in the country through advertisement. Therefore, the Bill seeks to establish the Advertising Standards Board mandated to regulate advertising in the country, which is currently fragmented due to the lack of networking and co-ordination across different Government institutions. Enhanced regulation, through the creation of this board, will lead to an improved communication environment among other players.

 

Madam Speaker, the intention of the Zambia Institute of Marketing Bill is to ensure that the regulatory framework for advertising is enforced. In this regard, it is imperative that all major stakeholders in marketing are expected to work hand in hand with the institute to achieve a co-ordinated and harmonised implementation marketing strategy. Institutions that have been identified as major stakeholders include the Independent Broadcasting Authority (IBA), the Zambia Information and Communication Technology Authority (ZICTA), the Competition and Consumer Protection Commission (CCPC), the Zambia Bureau of Standards (ZBS), local Government and private sector business associations.

 

Madam Speaker, the Bill provides for mandatory registration of marketers and requires that marketers are affiliated to ZIM. This will ensure –

 

Interruptions

 

Madam First Deputy Speaker: Order!

 

Can we, please, lower our voices; there is somebody on the Floor debating.

 

Mr Sikumba: Madam Speaker, this will ensure that all practitioners are well qualified and adhere to the code of practice in the marketing fraternity in order to promote marketing excellence.

 

Madam Speaker, the Bill also promotes ethical conduct among practitioners as well as adherence to best practices in the global context by providing marketing knowledge, development and interactive platforms for marketers.

 

Madam Speaker, the Zambia Institute of Marketing has been empowered to charge fees for the application for registration as a marketer through a prescribed manner and form. It is envisaged that the institute will use these monies for its operation as it is not a grant aided. There will be no cost implication towards the implementation of the Bill to the Government because ZIM is an autonomous body which funds its own activities.

 

Madam Speaker, it is expected that once implemented, the Bill will ensure that best practices in the marketing profession are adhered to.

 

The Bill will also protect consumers, customers and businesses alike. This will, in turn, ensure that qualified marketers practice in the profession and uphold integrity and professionalism. Further, it is expected that the implementation of the Bill will assist to preserve marketing jobs to be prioritised for Zambians who are ably qualified to fill up such roles and hence promote job creation for Zambians.

 

Madam Speaker, as I conclude, the repeal and replacement of the Zambia Institute of Marketing Act No. 14 of 2003 is in line with the Governments promise to ensure professionalism in different sectors. Therefore, ZIM is positioned to contribute to national development by ensuring that the standards of marketing are upheld. The Government is committed to staying on course in supporting the contribution of the private sector to the development of the country by continuously improving the business environment through the provision of such important legislation.

 

Madam Speaker, I would like to urge all hon. Members of this august House to fully support this Bill.

 

Madam Speaker, I thank you.

 

Mr Chaatila: On a point of order, Madam. 

 

Madam First Deputy Speaker: A point of order is raised.

 

Mr Chaatila: Madam Speaker, my point of order is based on Standing Order No. 207:

 

“(1) Contempt of the House refers to an act, omission or conduct, which obstructs or impedes either the House or members or officer in the discharge of their duties.”

 

Madam Speaker, yesterday, you did render a ruling on the five Patriotic Front (PF) hon. Members of Parliament whose seats were nullified, but were present in the House. To that effect, after the ruling, you guided that the five who were not there when you made the other ruling should also be suspended for thirty days with effect from yesterday. Unless my eyes are failing me, from where I am standing, I see one of the hon. Members who ...

 

Mr Mung’andu: On a point of order, Madam.

 

Interjections

 

Mr Chaatila: ... according to the list which I have, which is the ruling of yesterday, is one of those five hon. Members you mentioned. Allow me to read the last statement of your ruling:

 

“I now order Mr T. Chewe, MP, Mr B. C. Lusambo, MP, Mr M. Kafwaya, MP, Mr J. Malanji, MP, and Mr L. Simumba, MP, to immediately leave the proceedings of the House on thirty days suspension.”

 

Madam Speaker, from where I am standing, I see one Hon. J. Malanji in the House, and my point of order is whether this House is in order to allow Hon. Malanji to be in the House. I will lay this document on the Table and seek your ruling.

 

Mr Chaatila laid the document on the Table.

 

Madam First Deputy Speaker: Hon. Member, with that evidence that has been laid on the Table, I say that the hon. Member who was mentioned yesterday to be among the thirty hon. Members and has reported in the House today, is out of order. So, hon. Member, may you, please, leave the House.

 

Interjections

 

Madam First Deputy Speaker: We will check with our records.

 

Mr Mung’andu: Madam Speaker, this is a constitutional issue now.

 

Madam First Deputy Speaker: I have not permitted you to say something. Is it a point of order or what?

 

Mr Mung’andu: Yes, Madam Speaker.

 

Madam First Deputy Speaker: On whom?

 

Mr Malanji left the Assembly Chamber. 

 

Mr Mung’andu: On the hon. Member who was just –

 

Madam First Deputy Speaker: Hon. Member –

 

Mr Mung’andu: It is not a point of order on a point of order.

 

Madam First Deputy Speaker: Hon. Member, you have already indicated that you want to raise a point of order on the hon. Member who has just raised a point order, which is not permissible. You cannot raise a point of order on another point of order.

 

Interjections

 

Madam First Deputy Speaker: Order!

 

Hon. Member, we proceed and make progress.

 

Mr B. Mpundu (Nkana): Madam Speaker, …

 

Mr Mung’andu: On a point of order, Madam.

 

Interruption

 

Madam First Deputy Speaker: Hon. Member, I did not say stop. Please, you are supposed to continue.

 

Interjection

 

Laughter

 

Mr B Mpundu: Madam Speaker, the Committee on National Economy, Trade and Labour Matters was tasked to scrutinise the Zambia Institute of Marketing Bill No. 2 of 2022 pursuant to its mandate as set out in the Standing Orders No. 198 of the National Assembly Standing Orders of 2021.

 

Madam Speaker, the Bill seeks to, among other things, repeal and replace the Zambia Institute of Marketing Act No. 14 of 2003, which Act provides for the registration of marketers and regulates their practice and professional conduct. Several lacunas and challenges have been identified in the implementation of the Zambia Institute of Marketing Act No. 14 of  …. 

 

Mr Mung’andu: On a point of order, Madam.

 

Madam First Deputy Speaker: A point of order is raised.

 

Mr Mung’andu: Madam Speaker, this country, Zambia, in 1991, decided to be a democratic State, meaning that the type of governance the people of this country chose was that which allows for multi-partism.

 

Madam Speaker, I am standing on this very important point of order pursuant to Standing Order 207, which talks about contempt of the House.

 

Madam Speaker, clearly, the conduct of this House, by the decision that has just been made, where Hon. Joseph Malanji has been ordered to leave the House when –

 

Interjections

 

Mr Mung’andu: Madam Speaker, I want to state that had you checked the camera for hon. Members who protested here, I can guarantee you that you would not have found Hon. Joseph Malanji. He was not in the House.

 

Madam Speaker, for the others, those four others, the procedure is that they also should have been made to exculpate themselves. They were not charged and they never appeared before the Standing Orders Committee. Additionally, no one rose on a point of order, but the House went ahead and made a decision.

 

Is it the objective of the United Party for National Development (UPND) Government to run this Parliament on its own without the Opposition?

 

Interruptions

 

Mr Mung’andu: Is the House in order to expel an hon. Member who never participated in the protest? He has been banned and I heard the hon. Minister of Justice also rising on a point of order. He is the hon. Minister of Justice, who is too familiar and well aware of the Constitutional Court judgment.

 

Madam First Deputy Speaker: Order!

 

Hon. Member, I think I already mentioned that you cannot have a point of order on another point of order. So, you are bringing two points of order. Can you focus on your point of order.

 

Mr Mung’andu: Madam Speaker, it is on Hon. Joe Malanji. He was not part of those who protested in front of your Mace, but he has been chased from the House. Is the House in order to infringe on the privileges of its hon. Members?

 

I seek your serious ruling, Madam Speaker.

 

Madam First Deputy Speaker: Hon. Member, just for your information, we have the Clerk’s Office, which followed the normal procedure that is supposed to be taken when there is a problem in the House such as contempt. In the first ruling that I made on 15^th March, 2022, regarding the same subject, it was clearly stated that the hon. Members were written to. Then what happened was that there was a group response where all the hon. Members signed. It was one group response, except for two hon. Members who opted to come up with their own individual responses. However, what I can say is that Hon. Malanji is free to come back to the office or even to the office of the Speaker to air his grievance.

 

Mr Mung’andu interjected.

 

Madam First Deputy Speaker: No, no. There is already evidence laid on the Table that he was told to leave the House yesterday among the four hon. Members who had a ruling from the Constitutional Court.

 

Mr Mung’andu interjected.

 

Madam First Deputy Speaker: That is what we are saying. If he has a grievance, he can come to the offices. The hon. Member, at this point, was out of order to be in the House, …

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: … but is free to come and air his grievances.

 

May the hon. Chairperson of the Committee on National Economy, Trade and Labour Matters continue with the debate.

 

Mr B. Mpundu: Madam Speaker, the Bill seeks to, among other things, repeal and replace the Zambia Institute of Marketing Act –

 

Mr Nkombo: On a point of order, Madam.

 

Madam First Deputy Speaker: Order!

 

Hon. Member, we are very sorry today. It is like your speech is being disturbed. There is a point of order from the hon. Minister of Local Government and Rural Development. What is the point of order?

 

A point of order is raised.

 

Mr Nkombo: Madam Speaker, thank you for the opportunity to raise a point of order which is pursuant to Rule No. 226 of our Standing Orders. This point of order, among other things, serves to help the proceedings, particularly the presiding officer to run the Business of the House as it ought to run. This point of order is pursuant to Standing Order No. 226 and it is challenging the decision of the Chair.

 

Madam, the point of order that was raised by the hon. Member of Parliament for Moomba has had a ruling rendered by yourself. What the hon. Member of Parliament for Mkushi South just did –

 

Interruptions

 

Mr Nkombo: I am sorry, Chama South. I beg your pardon – was in total breach of this particular Standing Order, which I will quote, as you just made a ruling to ask the hon. Member of Parliament for Nkana, Mr Joseph Malanji, to fly away.

 

Laughter

 

Mr Nkombo: The Standing Order states as follows:

 

“Challenging decision of the Chair

 

1. A member who wishes to challenge a decision of a presiding officer shall move a substantive motion.
2. The request to move a substantive motion shall be made in writing to the Speaker and shall state the grounds for the challenge.
3. The grounds upon which the challenge is based shall relate only to the decision of the presiding officer.
4. The substantive motion shall be referred to the committee responsible for Privileges of members for determination of merit in the motion.
5. The motion shall not be debated in the House unless the committee responsible for Privileges of members resolves that the request has merit and the motion be tabled for debate.
6. The presiding officer against whom the substantive motion is moved shall not preside over the debate on the motion.”

 

In this case, yourself, Madam Speaker, who made the ruling to ask Hon. Malanji to go. The Standing Order continues as follows:

“

1. If the decision a member wishes to challenge emanates from, or is as a result of, the decision of the committee responsible for Privileges of members, the Speaker shall (mark the word ‘shall’), in consultation with the leaders of all political parties represented in the House appoint, and refer the challenge motion to, a select committee for determination of merit.”

 

It goes on and on.

 

Madam Speaker, what the hon. Member of Parliament for Chama South did is unprecedented and completely out of sync with our proceedings of the House. Was he in order to have stood up and given you a direct challenge, as he did, without following the dictates of the Standing Orders that govern our proceedings?

 

I need your ruling on this matter.

 

Hon. UPND Members: Hear, hear!

 

Madam First Deputy Speaker: Thank you hon. Minister for that point of order, which all hon. Members should have knowledge about because it comes from our Standing Orders. The hon. Member for Chama South knew very well what he was doing. He was challenging the decision that I made. The Standing Orders say that no one is supposed to challenge directly the Speaker in the manner that he did. So, the hon. Member for Chama South was definitely out of order.

 

Interruptions

 

Madam First Deputy Speaker: Order!

 

Hon. Members, we should make progress. We have a lot of work before us. Can I allow the Chairperson of the Committee on National Economy, Trade and Labour matter, the hon. Member for Nkana, to proceed with minimum disturbances?

 

Mr B. Mpundu: Madam Speaker, thank you for that emphasis on minimum interruptions. I want to continue where I left off.

 

Madam Speaker, the Bill seeks to, among other things, repeal and replace the Zambia Institute of Marketing Act No. 14 of 2003, which Act provides for the registration of marketers and regulates their practice and professional conduct.

 

Madam Speaker, several lacunae and challenges have been identified in the implementation of the Zambia Institute of Marketing Act No. 14 of 2003, which, according to ZIM, have had a negative impact on the effective promotion and supervision of the marketing fraternity in Zambia.

 

This necessitated the proposal to repeal and replace the Act considering how essential and critical the marketing profession is to the business landscape in Zambia. The Committee was informed that if enacted, the new Act would help to ensure that the law adequately covered all aspects of the marketing profession and helped to set up enforcement of rules governing the sub-sector.

 

Madam Speaker, the Bill provides for the continued existence of ZIM and redefines its powers and functions in order to promote and enhance the marketing profession. The continued existence of the institute will provide a platform for the implementation of marketing strategies; improvement of business ethics; and enhancement of professionalism in the marketing fraternity.

 

Madam Speaker, the Bill provides for the mandatory legislation of qualified marketers who want to practice. Such marketers will be required to possess a valid practicing licence issued by ZIM. This is meant to ensure that all practitioners are well qualified and adhere to the code of ethics in the marketing fraternity in order to promote marketing excellence. However, the Committee is concerned that this mandatory requirement may bar a number of marketers who may not be able to afford the registration fees. In addition, the requirements for registration do not take into account persons who may have a natural talent for marketing.

 

Madam Speaker, the Committee notes that Clause 11(3) provides the requirement that one must meet in order to be registered as a member of the Zambia Institute of Marketing. One such requirement is that an applicant will be required to pass a membership examination administered by the institute. This provision is unnecessary, especially in view of Clause 11(3)(C) which requires an applicant to hold a marketing qualification that is recognised and validated by the Zambia Qualification Authority (ZAQ) before he/she can be registered as a member. The exam will also add to increasing the cost of registration for applicants. The Committee strongly recommends that this provision be removed from the Bill.

 

Madam Speaker, an innovation that has been introduced in the Bill is the creation of the Advertising Standards Board which will regulate advertising standards in Zambia and ensure that marketers who wish to advertise goods and services meet certain standards. While this is a welcome inclusion, the Committee notes that the board will comprise mainly public sector entities. This may result in the over regulation of the advertising subsector. Advertising is about business growth and inducing customers. It is not about Government supervision. It should, therefore, be private sector led. In this regard, the Committee recommends that the composition of the board be changed to include more private sector entities.

 

Madam Speaker, I have highlighted some of the issues that arose out the Committee’s interrogation of the Zambia Institute of Marketing Bill, No. 2 of 2022. I am, therefore, confident that hon. Members have read the Committee’s report. Allow me to point out that the Committee supports the Bill, subject to the observations and recommendations contained in the report.

 

Madam Speaker, in conclusion, the Committee supports the Bill and wishes to thank all the stakeholders who made both written and oral submissions before it. The Committee also wishes to place on record its gratitude for the guidance and support services rendered by the Office of the Speaker and the Clerk of the National Assembly throughout its deliberations.

 

I thank you, Madam.

 

Mr Mabeta (Kankoyo): Madam Speaker, thank you very much for giving the people of Kankoyo an opportunity to air their views on this Bill.

 

Madam Speaker, I am sure everyone can agree that this is a non contentious Bill. It is meant to bring to speed the Zambia Institute of Marketing (ZIM), which was established in 2003, twenty years ago, by re-energising itself to respond to the current changes in the market.

 

I thank you.

 

Mr Simuzingili (Gwembe): Madam Speaker, I thank the hon. Minister for the Policy brief. The Zambia Institute of Marketing (ZIM) is a very important institution. Its role is that of a professional regulator; to regulate the professional conduct of marketing professionals.

 

Madam Speaker, this country has experienced a lot of unprofessional conduct where we find professionals, instead of being professional, start doing dubious things in their course of work. The question that we have is: What has happened to these critical institutions that are supposed to check professional conduct?

 

Madam Speaker, I support this Bill because it has come at an opportune time when the President has made it very clear that for procurement, there are three aspects: quality; timeliness; and price. This will be dependent on the professional conduct of professionals. This Bill seeks to ensure that professionals behave in such a manner that they are above board.

 

Madam Speaker, we have so many bogus professional people in these institutions and that is why, in the past ten years, there have been a lot of underhand methods. It is because institutions, such as this one, did not do their part or did not regulate their professionals whom they register.

 

Madam Speaker, if I had my own way, I was going to call for a qualification audit in this country because some of these professionals are actually bogus, meaning that they are not qualified or competent. They do not have the relevant qualifications. Some of their qualifications are gotten from the ‘University of Matero’. However, it takes professional bodies like ZIM to ensure that when registering their members, they are qualified. If I had my way, I would do a qualification audit in this country so that each and every individual accounted for where he/she got his/her qualifications from.

 

Madam Speaker, we have many people with qualifications from ‘Matero’ and we cannot continue like that as a country. Our economic development is hindered by bogus professionals. So, this Bill is coming at an opportune time to enable us strengthen the regulatory function of ZIM. However, there is a small concern on the Bill.

 

Madam Speaker, for instance, if we look at ‘g’, it says: ‘conduct learning programmes accredited by the Higher Education Authority in Marketing.’ Now, that has a potential to make ZIM a jury and a judge because, if the provision is used, it means that it will train, assess and give certificates. After giving out the certificates, the same ZIM will go to the side to register professionals. That is a contradiction. Quality assurance ensures that one does the act and another one monitors. The role of professional institutions like ZIM is to regulate professional conduct and not to train, assess, examine and give out certificates. That should not be its role.

 

Madam Speaker, if you look at ‘n’, on the functions of ZIM, it needs to enforce continuous professional development. That is its mandate and bedrock. Professional institutions must ensure that their members are up to date in terms of knowledge, skills and value, but if they venture into the other side, they will be the judge and the jury.

 

Madam Speaker, I support this Bill because it is what will bring professionalism in marketers. Just the other day, the hon. Minister of Health was complaining about some professionals who are doing shoddy things in employing. The question I have is: Where is the professional body? When such things are happening and their members are abrogating their professional ethics with impunity, where are the professional bodies?

 

Madam Speaker, professional bodies need to strengthen their laws like ZIM so that once there is professional misconduct, the law must take its course and professionals removed from the register of the professional body. This is a very important Bill that we need at this point of our economic development.

 

Madam Speaker, I thank you.

 

Mr Nkulukusa (Katuba): Madam, Speaker, I thank you for giving me the opportunity to support the Zambia Institute of Marketing Bill.

 

Madam Speaker, I would like raise three things that I feel are critical in supporting this Bill and ensuring its smooth operationalisation to bring sanity to the marketing profession.

 

Madam Speaker, the first thing I will talk about is how ethics are quickly evading professionals if they are not registered with any professional body. The Zambia Institute of Marketing (ZIM) needs to be at the top to ensure that ethics are contained within the individuals and professionals that are going to practice in this profession. There is a temptation in most places to rush for the top line and abandon the ethics that go with the profession.

 

Madam Speaker, as you know, marketers are the revenue generators in organisations and in the country. They are the people who expose products and services and, sometimes, there could be a rush in ensuring that the top lines are achieved without looking at standards and professionalism. So, this Bill tries to bring those ethics and professionalism to bear.

 

The second thing is that the Bill is trying to regulate advertising standards. Over the years, I think we have seen …

 

Dr Kalila: On a point of order, Madam Speaker.

 

Madam First Deputy Speaker: Order!

 

A point of order is raised.

 

Dr Kalila: Madam, I am very sorry. I think I pressed by mistake. You may wish to ignore it and I will log out soon.

 

I thank you, Madam.

 

Madam First Deputy Speaker: The hon. Member for Katuba may continue.

 

Mr Nkulukusa: Madam Speaker, I was talking about advertising standards. The Bill tries to entrench, in the advertising standards, a lot of ethics and a lot more of standards that are going to protect consumers.

 

Madam Speaker, over the years, we have seen how advertising standards have deteriorated. They have mainly been rushed to capture the purchase power of the customer. At certain times, marketers have ignored ethics and issues that deal with the protection of the consumer, especially children.

 

Madam Speaker, we have seen, sometimes, adverts that are designed without concern with how children are involved in the adverts placed on all media platforms. This Bill is going to bring sanity and ensure that even the exaggerations and promises that are given in advertising are those that one could demand because, when one is promised through an advert, one has the right to demand the promise that is contained in the advert. So, it is a very good move to bring advertising standards that are going to ensure that all advertisers seek to be within the standards of the advertising platforms.

 

Madam Speaker, the third issue I would like to talk about is the protection of both the employers and the consumers and, maybe, the general public. This Bill will protect employers by ensuring that unscrupulous marketers are not engaged because it will be illegal to engage such people.

 

Madam Speaker, many times, we have seen adverts in newspapers of employers looking for people who were employed as marketers and after certain behaviours have run away and are reported to the police. This is going to be an assurance to employers that those that they are employing have a fixed aboard because ZIM would have registered all their contacts and contents and it can find them whenever it wants to find them. To the consumers, it is a guarantee for a consumer that whatever is going to come on board that marketers are going to take to the market is something that would stand the test of time because it would have been tested and qualified to be sold on the Zambia Market.

 

Madam Speaker, I stand to support this Bill because supporting it is protecting the consumer, the child, the general public, the employer and, above all, bringing competitiveness not only to the marketing profession, but the country at large.

 

I thank you, Madam Speaker.

 

Mr Sikumba: Madam Speaker, I wish to take this opportunity to thank the Committee on National Economy, Trade and Labour Matters and the Chairperson, the hon. Member of Parliament for Nkana.

 

Madam Speaker, I took note of the few concerns which were raised. Probably, to summarise them; the issue of an examination to be admitted to the Zamia Institute of Marketing (ZIM) has been taken note of; on the creation of the Advertising Board, a small matter of having the public sector heavily involved in the advertising board will be looked into –

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.

 

                                                                                     

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

Mr Sikumba: Madam Speaker, before business was suspended, I was saying that the issue of the advertising board will definitely be looked into as per guidance from the Chairperson of the Committee.

 

Madam Speaker, I want to make mention that the issue of floating the private sector to drive the economy is one item which is key on the UPND’s agenda and we will drive it as such.

 

Madam Speaker, I would like to say thank you very much to the hon. Member for Kankoyo for his words of encouragement. The hon. Member for Gwembe did mention the unprofessional conduct and, indeed, the Act itself strengthens the profession to make sure that we do not have what he termed as ‘bogus’ marketers patronising our employers.

 

Madam Speaker, the hon. Member for Katuba summed it all up speaking about the ethics evading professionals; advertising standards deteriorating; and the protection of employers and customers.

 

Madam Speaker, the overarching principle of reinforcing ZIM is mainly to look at how best the institute itself will be used for advertising and marketing Zambia. Right now, Madam Speaker, as a Government, we are looking at our economic sectors and seeing how best we will be able to invite all those potential investors in the mining, agriculture and tourism sectors; obviously, also in energy and infrastructure. So, the only way that these potential investors are going to know what Zambia has in place is if we have a robust institute of marketing that is going to showcase the sights and sounds that Zambia has to offer.

 

Madam Speaker, I beg to move.

 

Question put and agreed to and the Bill read a second time.

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 29^th March, 2022.

 

THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT BILL, 2022

 

The Minister of Labour and Social Security (Ms Tambatamba): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, I rise to present a Policy statement in support of the Zambia Human Resource Management Bill, No.3 of 2022, on behalf of my ministry.

 

Madam Speaker, the objectives of this Bill are as follows:

 

1. to continue the existence of the Zambia Institute of Human Resources Management (ZIHRM), rename it as the Zambia Institute of Human Resource Management (ZIHRM) and redefine its functions;

 

1. promote and enhance the human resource management profession;
2. to provide for the registration of human resource management practitioners and regulate their practice and professional conduct;
3. repeal and replace the Zambia Institute of Human Resources Management Act, 1997; and
4. to provide for matters connected with, or incidental to, the foregoing.

 

Madam Speaker, you may wish to know that the (ZIHRM) was established as a body corporate whose functions include carrying out research in the field of human resource; training; and liaising with educational and professional institutions to raise human resource management standards, among others.

 

However, Madam Speaker, the voluntary membership model upon which ZIHRM has operated from 1997 to date has not yielded the desired result of raising the professional standards of Human Resource Management (HRM) practitioners, particularly those who are employed by some foreign owned private companies or undertakings. Such companies have often presented labour compliance challenges.

 

Madam Speaker, it has been difficult to secure ethical and legal compliance relating to the human resource function in some private companies in the absence of mandatory legal provisions. The law regulating human resource management in the country has failed to address the rise of unqualified persons performing the role of human resource management in many work places.

 

Madam Speaker, these factors, have exposed glaring gaps in the current law leading to atrocities at workplaces and hence the need for review. This is a new chapter we are inaugurating today.

 

Madam Speaker, human resource practitioners are the bridge between employers and employees and are essential in the maintenance of sound labour relations at the workplace. The Bill, thus, seeks to address the prevalence of unqualified persons practicing as human resource practitioners resulting in the following:

 

1. a lack of standardised policies and processes at work places contributing to the incidence of informality in the economy; increased decent work deficits; and demoralised workforce; and

 

1. lost man hours due to illegal work stoppages on account of mishandling people management in the work place that jeopardises the prosperity of enterprises and, in turn, affects the productivity and competitiveness of our national economy.

 

Madam Speaker, a motivated workforce leads to increased productivity and this increases output and returns to employers and the economy as a whole. Further, increased output will result in improved finances from which workers can better bargain for improved conditions of service and help realise a decent work agenda. This is one of the sure ways in which our country will realise its aspiration of becoming a prosperous middle income country by 2030.

 

Madam Speaker, once enacted, the legislation shall facilitate effective regulation, standardisation and enforcement of human resource management practice. This, in turn, will enhance efficiency and productivity in the country. In this vein, the Act will protect and benefit the public in mainly two ways.

 

Madam Speaker, firstly, only persons who meet the stringent criteria prescribed by ZIHRM will be considered as fit and suitable to practice the profession signified by a renewable practicing certificate. This means that the public will not be exposed to the risk of potentially harmful or poor quality human resource services and products provided by persons who are not regulated by the institute.

 

Madam Speaker, secondly, the professional conduct and standards of members of the institute will be subject to a code of ethics backed by enforceable legal sanctions. Errant practitioners will be liable to sanctions through an effective and transparent mechanism. The existence of disciplinary machinery will serve as a deterrent measure against practitioners who might be inclined to committing acts of professional misconduct.

 

Madam Speaker, the new legislation is expected to include progressive provisions to pursue a decent work agenda. The key provisions in the Bill include those that provide for, inter alia:

 

1. the regulation function of the institute;
2. prescription of minimum qualifications of a human resource management practitioner;
3. prohibition of the practise of human resource management without registration and certification by the institute; and
4. prohibition of the employment of non-members of the institute in the human resource management role.

 

Madam Speaker, the Bill recognises that our economy is projected to grow premised on a co-ordinated policy framework that includes support towards small and medium enterprises (SMEs) as well. Therefore, the Bill empowers the hon. Minister to specify which organisations may be exempted from the stringent application of some of the provisions in the Bill. This is in recognition of the peculiar challenges which SMEs face as they try to grow their businesses.

Madam Speaker, in conclusion, the new law is expected to significantly improved human resource management in general and support the Government efforts of creating conducive environment where all Zambians have equal opportunities to employment, enjoy acceptable minimum working conditions of service and adhere to national and international labour standards. I am convinced that new trends are transforming the world of work. The transitions involved call for decisive action.

 

Madam Speaker, human resource management is a profession intertwined with the well being and professional success of human beings in the interest of industrial peace, greater efficiency and productivity.

 

Madam Speaker, the work place is constantly growing and changing. This means the way we serve the people within our organisations should also be growing and changing. This is why it is imperative that the human resource practitioner’s interactions with employees are also taking place in a culturally competent manner. Yet, none of this will happen by itself. Without decisive action, we will be heading into a world that widens existing inequalities and uncertainties.

 

Madam Speaker, I, therefore, covet the support of the hon. Members of this august House to ensure that we have a legal framework that effectively regulates human resource practice and addresses the lacunas that exist in the current law.

 

I thank you, Madam Speaker.

 

Mr B. Mpundu: Madam Speaker, the Committee on National Economy, Trade and Labour Matters was tasked to scrutinise the Zambia Institute of Human Resource Management Bill, No.3 of 2022, pursuant to its mandate as set out in Standing Order No 198(j) of the National Assembly Standing Orders, 2021.

 

Madam Speaker, the Zambia Institute of Human Resource Management Bill, No. 3 of 2022, seeks to, among other things, promote and enhance the human resource management profession; provide for the registration of human resource management practitioners and regulate their practice and professional conduct; and repeal and replace the Zambia Institute of Human Resources Management Act, No. 11 of 1997.

 

Madam Speaker, the current Zambia Institute of Human Resources Management Act which was enacted twenty-five years ago has become inadequate following the significant growth of the private and informal sectors. This growth has posed numerous challenges to the effective regulation of human resource management in the Zambian labour market. It has, therefore, become necessary for the Act to be repealed and replaced to incorporate new and emerging trends and practices in the human resource management profession.

 

Madam Speaker, although all the stakeholders that appeared before the Committee supported the Bill, most of them expressed a general concern on the over regulation of the human resource profession as evidenced by numerous inspections and enforcement measures as well as the stiff punitive measures to the extent of criminalisation for a minimum period of five years.

 

Madam Speaker, while fully supporting the Bill, the Committee made a number of observations and recommendations which are contained in the Committee’s report and I will, therefore, only highlight a few.

 

Madam Speaker, with regard to Clause 10(3), which allows the Council to appoint other staff of the institute, the Committee observes with serious concern that the provision has the potential to compromise the independence of the institute and threaten the practice of good corporate governance.

 

Madam Speaker, the Committee is of the view that in an event that the Council considers it necessary to appoint staff to perform specific functions, the role of the Council should be limited to that of advisory while the actual appointment should be performed by the Chief Executive Officer. Therefore, the Committee strongly recommends that the clause should, accordingly, be amended.

 

Madam Speaker, further, the Committee notes that the honorary treasurer has been omitted from the membership of the Council under Clause 8(2). To enable the Council to effectively perform its oversight mandate on the institute, especially its financial management and enhance internal controls, the Committee recommends that the Bill should be amended by including the honorary treasurer in the composition of the Council.

 

Madam Speaker, finally, the Committee expresses concern that while the implementation of the Bill, once enacted into law, may not pose costs to the Government on account of the Zambia (ZIHRM) being an autonomous body, its legislation will place expenses on individuals and employers, especially small and medium enterprises (SMEs). This is in view of the provision that the Bill introduces relating to mandatory membership and certification to enable an individual to practice or to be employed as human resource practitioner in Clauses 11(2) and 20(3), respectively, and the stringent punitive measures for the lack thereof.

 

Madam Speaker, in light of this, the Committee strongly recommends that the size of the business or institution, as classified by the Zambia Development Agency (ZDA), must be taken into consideration in the requirement for mandatory registration and certification. The Committee also recommends that ZIHRM should ensure that membership to the institute is largely driven by the benefits of belonging to the institute and not as a result of compelling provisions in legislation.

 

Madam Speaker, as I conclude, I wish to place on record that the Committee supports the Bill, subject to its concerns as expressed in this report. Allow me to, therefore, thank all the stakeholders that appeared before the Committee for their invaluable input to the work of the Committee.

 

Madam Speaker, gratitude is also extended to you and the Office of Clerk of the National Assembly for the guidance and support rendered to the Committee throughout its deliberations.

 

I thank you, Madam Speaker.

 

Mr Nyambose (Chasefu): Madam Speaker, thank you very much for according me this opportunity to debate on the Bill. First and foremost, I want to thank the hon. Minister of Labour and Social Security. I also want to thank the Chairperson and the Committee that presided over this matter.

 

Madam Speaker, I stand to support the Bill. In supporting it, I want to state that it is long overdue. We need to support it to ensure that we regulate this important profession of human resource practitioners. In this country, you will note that a lot has gone down in terms of serving our employees because of the failures of human resource personnel. Having served as a Commissioner at the Civil Service Commission (SCS), I speak from experience that we need this Bill. Apart from this profession being regulated, we also need to monitor and evaluate the calibre and the performance of our human resource practitioners.

 

Madam Speaker, you will note, in this country right now, even in the Public Service, that most of our employees are not confirmed and yet we have qualified human resource personnel. Most of the people occupying those positions are qualified, but neglect their duty. I hope that this body will be able to monitor and evaluate each and every personnel in the human resource profession.

 

Madam Speaker, many of our colleagues have passed on after serving this country. You would only see that there was lack of seriousness on the part of human resource personnel when someone dies because that is when he/she is confirmed, retired or paid benefits; after someone dies is when you realise that he/she was not even confirmed. Where were the human resource personnel?

 

Madam Speaker, many times, you would see that you would have employed papers, just qualifications, and yet people are not operating ethically in these offices. They neglect their duty, which has compromised productivity. Most of our employees’ productivity is down. After working for six months, they are not confirmed and cannot be promoted. That is a recipe for corruption. You only get to be confirmed when you are vying for another position and you are in the queue; so you have to pay someone for your file to move.

 

Madam Speaker, the majority of our human resource personnel spend time at workshops instead of dealing with the day-to-day duty for which they were employed. They only act on files when there is an activity and funding. That is when they go to a lodge or a hotel to look at the files, when those files have been in their offices. For more than two years, someone is not confirmed and not promoted.

 

Madam Speaker, this body needs support and we should not look at it as a body which will only be receiving membership fees. We want to see it monitor and regulate the practice of human resource in this country. For our country to develop, we need motivated human resource personnel. This can only happen when our human resource officers, charged with a responsibility, are up to the game and to the expectation of the New Dawn Government.

 

Madam Speaker, I support this Motion and I thank you.

 

Mr Munir Zulu: On a point of order, Madam.

 

Madam First Deputy Speaker: A point of order is raised.

 

Mr Munir Zulu: Madam Speaker, thank you for permitting the good people of Lumezi to raise a point of order pursuant to Standing Order No.206, which is the dress code for hon. Members of Parliament, particularly Clause 2:

 

“(2) The official dress for a female member shall be-

 

1. a formal dress, formal executive suit either with a skirt below the knee or a pair of trousers; or
2. a decent traditional entire such as a formal ‘chitenge’ outfit with long or short sleeves, musisi.”

 

Madam Speaker, if we interrogate the skirt that the hon. Member for Keembe Constituency is wearing, we will see that it is that of a ‘hey mama.’

 

I seek your serious ruling.

 

Madam First Deputy Speaker: Hon. Member for Keembe, are you wearing something above the knee or below the knee?

 

Ms Kasune stood to show Madam First Deputy Speaker the length of her skirt.

 

Laughter

 

Madam First Deputy Speaker: Let us have order so that I make the ruling.

 

The Deputy Chief Whip is not out of order. That is an American suit and it looks decent.

 

Laughter

 

Mr Kambita (Zambezi East): Madam Speaker, thank you for giving me the opportunity to debate the Bill that is on the Floor of the House.

 

Madam Speaker, from the outset, I want to support the Bill, especially for the fact that it is one that is concerned with one of the most important factors of production, which is human resource. Human resource, being very important, needs outmost attention in every institution and every setup of business in this world. This institution for example, the National Assembly of Zambia, is complemented by carefully selected and qualified personnel. That is why it is so efficient and effective in its work. I am citing that just as an example. Therefore, this, actually, is important because such a very important part of doing business must be regulated, the regulation of which must be contained in our laws in the country and enhanced. What we are rightly doing today is to enhance those laws that regulate this noble and very important profession.

 

Madam Speaker, we have heard how so many complaints come, especially in the Public Service that we have a complement of human resource practitioners in these institutions, but have so many challenges faced by line ministries, departments and many other public institutions because these professionals are not well regulated in the absence of such pieces of legislation.

 

It is, indeed, welcome and comes at the right time when the New Dawn Administration would like to enforce utmost performance in the Public Service. Therefore, this Bill comes at the right time. This sitting, being one which is looking at the refining of pieces of legislation to complement what we appropriated in the Budget meeting in the previous sitting, is very important.

 

Madam Speaker, I will just mention a few words on the regulation of the profession. Indeed, your Committee has lamented that some stakeholders, especially those who submitted before it, expressed some concern in terms of the cost implications of those stringent measures that are being set out by this piece of legislation. The hon. Minister must take note of these comments by these stakeholders because organisations are at different levels of economic stance. Especially the fact that we created a new ministry of small and medium scale enterprise development, we cannot, again, bring in another law that is going to stifle the growth of such initiatives. We should, therefore, find some meeting point where some institutions will be exempted in order for them to grow.

 

Madam Speaker, they can employ somebody that can work in that role, appropriately trained, but we should put a threshold in big conglomerates and institutions that require professionals to be regulated by the law. They can be subjected to the provisions of that piece of legislation. So, we should take care that in as much as we roll out this piece of legislation, is taken care of and we need to listen to the stakeholders that submitted before your Committee.

 

Madam Speaker, human resource, as a profession is another peculiar profession which is found in almost each and every institution. There is no institution that does not have human resource. If there is no human resource in an institution, then the institution does not exist. Therefore, this piece of legislation affects each and every institution of this economy in this country. That being the case, it is such an important piece of legislation that needs to receive the utmost attention and must be refined to the point. We do not need to miss it at the outset. We need to ensure that we pay attention to all the submissions that have been made. We need to move with the people and with those who understand the profession itself, including those responsible for the training of human resource practitioners. We need to listen to everyone who has submitted to your Committee. In that way, we will come up with a piece of legislation that will stand the test of time. We should not pass a piece of legislation that, sooner or later, should be begging for another amendment. We need to be very careful in enacting this law.

 

Madam Speaker, talking about regulation, I come from an institute that regulates my profession, the Zambia Institute of Charted Accountants (ZICA). It is well regulated. I suggest that the Zambia Institute of Human Resource (ZIHRM) supports its members the way some of these institutions support theirs, especially the one I just cited, which I come from.

 

Madam Speaker, I know we are not allowed to debate ourselves in this House, but I am trying to cite it as an example. The last job I got before I came to this House as an hon. Member of Parliament was gotten for me by the Zambia Institute of Charted Accountants, which head hunted me. It is such institutions which identify talent because they know the people and the practitioners in that profession. Therefore, let that institution be one which will support even the professionals that are trained there. A lot has gone into the training of these people, and therefore, we need to also know where to place them.

 

Madam Speaker, with these few words, I thought I could compliment what the hon. Minister already rolled out in the policy statement, as I support the Bill.

 

I thank you, Madam Speaker.

 

Hon. Government Members: Hear, hear!

 

Mr J. Chibuye (Roan): Madam Speaker, I thank the hon. Minister and the Committee that worked tirelessly to come up with this report.

 

Madam Speaker, as it has been said, so many atrocities have been committed through the human resource body. Indeed, I stand to support the amendment of this Bill.

 

Madam Speaker, we are all, as parliamentarians, that the New Dawn Government is mapping out to increase production in the mining sector from 800,000 to 3 million metric tonnes per year. This calls for more human resource. As such, we can safely say that human resource personnel are a very vital component in our country, in terms of production which adds to the gross domestic product (GDP).

 

Madam Speaker, this is a very important institution. We have seen a lot of strikes, go-slows and other negative events that go on not only in parastatal institutions, but also in the private sector. The causes of most of these strikes point to human resource managers. As such, we want to give a sound mandatory legal framework to this institution so that it can have biting teeth for all its members. We want human resource managements to start employing and having people with competence, good professionalism and discipline on their books.

 

Madam Speaker, it is very common today that many human resource managers are setting bad precedents. You cannot get employed unless you pay something to them. This is what we are saying we should not allow. When we talk about corruption, it is not just at the top. Corruption should be gotten rid off in all areas of our life endeavours. As such, we want the human resource management institution to get rid of all these negative vices. Once we do this, we should increase the levels of production in our country and increase the ethical standards in the institution. Just like the previous speaker said, we want to see the human resource management institution in the forefront and, sometimes, even recruiting on behalf of institutions, be they Government or parastatal companies.

 

Madam Speaker, we are sick and tired of hearing human resource managers being accused of negative vices that do not add value to the institution. We do not want to go on and on explaining what some of us have encountered with some human resource managers. However, what we are saying is that it is important that we support this amendment for the betterment of the institution. We need to give it more power and room to regulate its members. Once we do this, there will be sanity in the institution.

 

Madam Speaker, we also want to ensure that the institution itself is clean of any vices to set an example to all those that would want to join this institution. There are so many human resource managers. If you are to do a survey or a search, you would find that most people who are practising this human resource management are not even supposed to be doing so. They do not even have qualifications. How come they find themselves practising such important roles? That is why, as I have said, we are facing a lot of work stoppages, which the hon. Minister alluded to, that negatively affect the production levels in such institutions.

 

Madam Speaker, I stand to support the amendment of this Bill and hope that once it is enacted, we shall be able to see sanity and the levels of work stoppages reduce drastically in our work institutions.

 

Madam Speaker, with these few words, I thank you for allowing me to add a voice to the debate on this Bill.

 

I thank you, Madam Speaker.

 

Mr Sampa (Matero): Madam Speaker, I was just writing my notes here on my notepad. Allow me to just quickly commend the Government for bringing Bills to the House. Indeed, we are here to draw Bills, repeal outdated laws and bring up new ones, in line with new trends.

 

Madam Speaker, I must say that I have seen the hon. Minister of Labour and Social Security do on-site labour environment checks, and I commend her for that. However, on the Zambia Institute of Human Resources Management (ZIHRM), I, Miles Sampa, have a problem with an institute which I want to call ‘just another toothless institute’ whose only feature is that its members, just like many others in the many institutes that we have in this country, develop potbellies at the expense of the people whom it is supposed to represent.

 

Interjection

 

Mr Sampa: I am not a representative of any institute.

 

Madam Speaker, I actually want to call these institutes ‘end of year party institutes’. Their preoccupation is planning the end of year party, the Christmas party, and who they should invite. They forget why they are there. This applies to whichever institute, you can name it; marketing or labour and so on and so forth, but more so this labour institute because of what I call ‘the back ground.’

 

Madam Speaker, the back ground to the happenings in this country was laid a long time ago; from the era of the United National Independence Party (UNIP) to that of the Movement for Multi-Party Democracy (MMD) and the Patriotic Front (PF) including now. Our labourers out there are abused. That is why I thought that the Bill that was urgently needed was the Bill that was going to strengthen the welfare of our labourers out there and not an institute whose top management officers forget about the people they represent as soon as they are in that institute or become directors of companies or banks.

 

Madam Speaker, I speak from history. I speak as a victim myself. One of the bosses I worked for at a farm used to call me by an F-word and, with time, I thought that was normal in Zambia. I was young then and I also picked it up. So, even when I became a boss, I thought it was normal to use it, but have now learnt that it is actually derogatory.

 

Madam Speaker, out there, the majority Zambian labourers work for companies owned by foreigners who use the F-word on them and abuse them. I thought what was needed urgently was a Bill to strengthen the powers that our people have in those institutions. Yes, somebody mentioned Parliament. I must commend Parliament. I have worked everywhere; in banks, at farms, in corporate institutions, in the Government, and in councils, but have been perplexed when I have come to this institution. The workers here are very professional. However, out there –

Interjection

 

Mr Sampa: Maybe it is because hon. Members give checks and balances. However, out there, 80 per cent of our Zambian labourers are defenceless. This is none political. This is the reality out there. They have no one to speak for them.

 

Madam Speaker, there is legislation on Minimum Wage that exists. Each employee or labourer, such as a domestic worker, should be paid a minimum K1,200. I have seen it. I interact with people and some foreigners pay our Zambian workers as low as K600 per month. This is somebody with a family.

 

Madam Speaker, the institutes that are there now cannot ask the hon. Minister of Labour and Social Security to be everywhere in the country to police vices. What we need is a Bill that will protect our Zambian people out there against getting abused and being called names. Those who have gone to work in the Diaspora, in Europe and the United States of America, for example, get abused there. They get called ‘monkeys’. When some of those white employers from Europe come to Zambia, they continue to call their employees monkeys. I am not sure if they still call them monkeys or rats, but the point is: it is ok for a Zambian to be abused out there in Europe or the United States of America because he/she went there, but not here in their own country. Somebody comes here, but just because his/her skin is white and the worker’s is black, he/she should abuse them?

 

Madam Speaker, I think that what is urgent in this country is the need for laws to protect Zambian workers and not the top management level. Unions are there. I have worked in institutions where there are unions and I know how unions operate. The top man there just gets tipped by this foreigner and then he goes and misrepresents the workers’ needs. He gets a kickback from the owner of this company and goes and tells the labourers to keep quiet or victimises the one that is talking. So, all of them have been told to cow down and suffer in their own country.

 

Madam Speaker, this matter of labour laws or this Bill of marketing is very important, but not to me. The Bill that is important is the one that will empower the Zambian workers out there, and they are many; gardeners; labourers; those working at brick making companies and, for some reason, all those companies are owned by foreigners; and those working in shops at Kamwala and in town who are highly abused, but have no voice.

 

Madam Speaker, it is us here in this House to make laws to protect their whistle-blowing. When they speak out, they should not be fired. We need to put those laws in place and encourage them to speak out. We should put structures where they can run to in each district. The same way we have the office of the District Commissioner (DC). We need to put structures in each district. If a worker is abused in Shangombo, where can he/she go? Do they know where to find the hon. Minister of Labour and Social Security? It is not practical. So, there has to be whistle-blowing entities there for them to go and complain so that those foreigners who are abusing Zambian workers are reported. We need foreign investors, but what we do not need are infesters, those who are abusing the Zambian worker. A good investor respects the Zambian worker.

 

Madam Speaker, I am reluctant to support this Bill. It is a very good Bill, but I will not support it because there is an urgent matter out there of our labourers being abused by non Zambians who are employing them and we need to bring Bills that will support them.

 

Madam Speaker, I thank you.

 

Madam First Deputy Speaker: Hon. Members, we are behind time. So, at this point, I will ask the hon. Minister of Labour and Social Security to wind up debate so that we cover the other Bill.

 

Ms Tambatamba: Madam Speaker, I would like to thank all the hon. Members who have made a contribution and I am particularly appreciative of the fact that the Bill has generated a lot of interest. The input that has come through is very important to the finalising and sharpening of the Bill. We need it to be responsive to the issues that the hon. Members have raised.

 

Madam Speaker, I will highlight a few particular points that have come from the hon. Members starting from the Committee Chairperson, Hon. B Mpundu, on the issue that concerns the numerous inspections and stringent regulations that are contained in the Bill. I would like to assure him and the Committee that this is the essence of the Bill. It seeks to effectively regulate the profession so that it is able to respond to the needs of the work place by creating that harmony and diminishing the disharmony.

 

Madam Speaker, on the issue of the honorary secretary, the omission is noted and will be rectified. On the sanctions that are provided in the Bill, they have been worked out in consistency with similar professions or bodies which include the Zambia Institute of Chartered Accountants (ZICA), the Engineering Institute of Zambia (EIZ) and the Law Association of Zambia (LAZ). We had to benchmark those ones and ensure that we are in line with what is on the market already. 

 

Madam Speaker, the fourth contributor supported the Bill and I am thankful for that support from Hon. Nyambose, the hon. Member of Parliament for Chasefu. He is concerned about the long confirmation period and low productivity. These are some of the effects, of course, of having unqualified human resource practitioners and this is what the Bill seeks to cure. I thank the hon. Member for his contribution.

 

Madam Speaker, the hon. Member for Roan, Hon. J. Chibuye, talked about increasing production in the mining sector by increasing human resource and improving the level of qualifications. He also notes the strikes that go on and many other issues and concerns in the industry that this Bill seeks to cure. He predominantly supports the Bill and makes suggestions that should help us to refine it further. So, I thank the hon. Member.

 

Madam Speaker, Hon. Miles Sampa, the hon. Member for Matero, expressed reservations. However, I thank him as well for the expressed reservations. He expressed his aversion to toothless institutes that may be good on paper, but may not deliver according to the real needs of the workers. He can be assured that this Bill seeks to create a strong and efficient regulator that will be on the ground. That is why inspections are one of the provisions to ensure that follow-ups are made in order to ensure that workers’ rights are protected.

 

Madam Speaker, with these few words, I would like to thank all the hon. Members who have made contributions.

 

I thank you, Madam Speaker.

 

Question put and agreed to and the Bill read a second time.

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 29^th March, 2022.

 

THE SOCIAL WORKERS’ ASSOCIATION OF ZAMBIA BILL, 2022

 

The Minister of Community Development and Social Services (Ms D. Mwamba): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, I thank you most sincerely for this opportunity to present the Social Workers’ Association of Zambia, Bill, 2022 for Second Reading in this august House. Further, I wish to appreciate the hon. Members of the Committee on Health, Community Development and Social Services for their steadfast effort in ensuring that the Bill is brought to this stage. It is my earnest desire that we proceed from here and see the Bill finally enacted.

 

Madam Speaker, the Social Workers’ Association of Zambia Bill, 2022, has been developed with the aim of facilitating the co-ordination, design and enforcement of best practices for training and practice of social work in Zambia.

 

Madam Speaker, the association was registered as the Social Workers’ Association of Zambia (SWAZ) in 2006 in accordance with the Registrar of Societies Act, Cap.119 of the Laws of Zambia. The mandate of the association is to promote the social work profession in Zambia by maintaining the highest professional standards of practice in accordance with the core values of the profession and code of ethics, which include:

 

1. service;
2. social justice;
3. respect;
4. relationship building;
5. integrity;
6. advocacy; and
7. confidentiality.

 

Madam Speaker, social workers play an integral role in counselling and supporting individuals and families who are at risk of being marginalised for various reasons. They specialise in improving the wellbeing of the most vulnerable population, which includes children, women, youth, persons with disabilities and persons with mental health issues, among others.

 

Madam Speaker, as such, social workers need to be equipped with a solid educational background, ethical knowledge as well as proper certification and licensing skills in order to properly deal with clients’ needs, create appropriate intervention plans, monitor and evaluate the effectiveness of interventions with high standards of professionalism.

 

Madam Speaker, the enactment of the Bill will:

 

1. give a legal framework and recognition of social work as a profession;
2. regulate the conduct of social workers in the country;
3. provide for certification of practicing social workers, student social workers and auxiliary or para-social workers;
4. help set and monitor standards of social work training and practice in the country;
5. enhance collaboration with the Higher Education Authority (HEA) to promote higher education and training standards for social work in Zambia whilst ensuring that effective local problem-solving methods are incorporated in the programme;
6. facilitate the standardisation of social work training in Zambia;
7. mandate the professional body with powers to enforce the social work code of ethics; and
8. promote advocacy for policies that promote the wellbeing of all persons, especially those living in poverty and are vulnerable.

 

Madam Speaker, Zambia is faced with a lot of problems such as people committing suicide, crimes of passion committed by aggrieved partners, high incidences of defilement, gender-based violence, violence against children, parental neglect, divorce, alcohol abuse and juvenile delinquency, among others. The enactment of the Bill will, therefore, enhance mechanisms aimed at addressing these challenges.  

 

Madam Speaker, my ministry wishes to acknowledge and appreciate observations and recommendations made on the Bill by various stakeholders during consultations made by the Committee on Health, Community Development and Social Services. These have further refined the Bill and addressed the issues raised. They include, but are not limited to defining the functions and powers of the association as well as extending the scope of the provision of registration to student social workers and auxiliary social workers under the title of the Bill. The inquiry into the legal capacity of social workers will be undertaken by mental health practitioners and not just Health Practitioners as proposed in the Bill.

 

Madam Speaker, further, concerns have been raised about social workers who have been practicing social work, but do not have a diploma proposed as a standard level for one to qualify as a social worker under the Bill. The House may wish to know that the ministry, being an employer of this category and one of the largest serviced by community volunteers who are informal social workers, has ensured the absorption of all categories of workers that do not have diplomas. They are provided for under the Statutory Instrument (SI) prescribed in Part V, Section 12 of the Bill.

 

Madam Speaker, in addition, the Bill provides progressive transitioning of all officers who are not trained in social work, but have been serving as social workers in various places. These will not be required to go back to school to study social work before they are licensed, but will be required to undergo orientation which will jointly be done by the association and selected learning institutions with support of my ministry.

 

Madam Speaker, the Bill may have negative consequences where Members will be expected to pay membership fees and this may disadvantage those who do not have a source of income for them to pay membership fees. However, the association will ensure that a reasonable period of time is given within which members can make payments. All in all, it is the hope of my ministry that this august House will consider the enactment of this Bill.

 

I thank you, Madam Speaker.

 

Dr Kalila (Lukulu East): Madam Speaker, I thank you most sincerely for according me an opportunity to present the Report of the Committee on Health, Community Development and Social Services on the Social Workers Association of Zambia Bill No.4 of 2022 for the First Session of the Thirteenth National Assembly which was referred to this Committee on the 22^nd of February, 2022.

 

Madam Speaker, the House may wish to note that despite the fact that social work is one of the oldest professions in Zambia, its professional status has not been well recognised and entrenched for various reasons. The absence of an enabling legal environment has resulted in a number of challenges, some of which include, but not necessarily limited to: the lack of an effective system of registration, as the able hon. Minister has already highlighted, for social worker practitioners including their qualifications; and an inadequate system of regulating their conduct to ensure that they practice in accordance with the profession’s core values and ethical standards.

 

Madam Speaker, it is in this regard that the Committee welcomes the Social Workers Association of Zambia Bill No.4 of 2022 and notes that engagement will capacitate social workers of Zambia to play an effective role in promoting the development of best practices for social work in their profession and this will ensure better outcomes for our people. I wish also to state that all stakeholders who appeared before the Committee welcomed this Bill. However, they raised a few concerns which I will highlight below.

 

Madam Speaker, first of all, on the Committee’s findings, it is hoped that hon. Members have gone through the report and have read. Therefore, I will only highlight a few salient features.

 

Madam Speaker, under the preliminaries and provisions of part one of the Bill, the Committee observed that the Bill defines the ‘social worker’ as ‘a person who holds a minimum qualification of diploma in social work from a recognised higher institution.’ This is quite restrictive according to some of the stakeholders who appeared before the Committee. The Committee, therefore, agrees with those who argued that there are individuals who practice social work, but do not hold diplomas or only have advanced certificates in social work offered by some institutions. In view of the foregoing, the Committee recommends that the Bill should also recognise such individuals as also social workers who are capable of contributing to the profession of social work.

 

Madam Speaker, another issue of concern is that the Bill in Clause 5(1), mentions something about a general meeting that has not been mentioned anywhere else in the Bill. The Committee contends that this is a serious anomaly because, as a membership based organisation, the association’s authority is drawn from the voice of its members through an annual general meeting.

 

In this regard, the Committee recommends that part II of the Bill should provide for the formalisation of the general meeting by including a subtheme to read “General Meeting of the Association”. The subtheme should provide for what constitutes the general meeting, the composition of the general meeting, the powers of such a general meeting, including records of the general meeting and the mode of decision making at such general meeting.

 

Madam Speaker, these are standard provisions in those associations that have what are known as annual general meetings and the Committee noted an omission, whether intended or not, but thought it should bring it to your attention. The Committee further proposes that a general meeting should, among other things, appoint auditors; approve the policy and strategic plans of the association; and approve the annual budget, and the not the council, as provided for under Clause 9 (B) and (D) of the Bill

 

Madam Speaker the Committee observes that Clause 18(3) provides for the suspension of the social worker. However, the Bill does not state specifically the period of suspension for various offences which have been listed. Therefore, in order to ensure objective decision making for the council, the Committee recommends that the Bill clearly states the period of suspension of social workers for the various offences that have been outlined under Clause 18.

 

Madam Speaker, another issue of concern is that despite Clause 38 providing for the proceedings of the Disciplinary Committee, it does not provide for the procedure of referring a matter to the Disciplinary Committee. This implies that there is no guarantee that the member who has to appear before the Committee will be given an opportunity to be heard as demanded by the Law of Natural Justice. So, in order to facilitate an orderly manner of deliberations on disciplinary matters, the Committee recommends that the Bill should clearly state that the Disciplinary Committee shall afford the member whose conduct is under inquiry an opportunity to be heard either represented by self or by legal representation under Clause 38.

 

Madam Speaker, the Committee notes that the term ‘health practitioner’ under Clause 40 has not been defined. The Committee expresses concern that the term includes a lot of cadres, some of whom may not have the relevant skills and knowledge of mental health. The Committee, therefore, recommends that the term ‘health practitioner’ be replaced with ‘mental health practitioner’ and that the definition provided in the Mental Health Act No:6 of 2019 be applicable. So, basically, we are recommending that this term should be as it is given in the Mental Health Act.

 

Madam Speaker, in conclusion, overall, the Committee supports this Bill and, therefore, would like to thank you for affording it an opportunity to scrutinise the Bill. The Committee also wishes to thank all the stakeholders that appeared before it and, lastly, the Clerk of the National Assembly and the Staff who provided the much valued secretarial services to this Committee.

 

I thank you, Madam Speaker.

 

Ms Mwamba: Madam Speaker, I sincerely thank the Chairperson and his Committee and hon. Members of this august for the support. For them not to raise any issues, it means they have offered their silent support.

 

Madam Speaker, I would like to say to the Chairperson of the Committee that we have taken note of the contributions that have been raised here, but I want to say that the general meeting and the meeting is taken care of in the Constitution of the association; it has a Constitution. On disciplinary measures and appeals, when a social worker is brought before the Disciplinary Committee of the Council and is charged, the member is free to appeal to the hon. Minister of Community Development and Social Services. If the member is, again, not pleased with the outcome of the appeal, the member can appeal to the High Court.

 

Madam Speaker, having said that, we have taken into account the concerns raised and we shall look into them. May I emphasise the need for the enactment of this Bill as it will significantly provide benchmarks of the professional conduct in this field and contribute to the well being of society.

 

Madam Speaker, further, this Bill sits very well with a pending Children’s Code Bill, which will rely on the professionalism of social workers as far as the implementation is concerned.

 

Madam Speaker, I thank hon. Members of this august House.

 

I thank you, Madam Speaker.

 

Question put and agreed to and the Bill read a second time.

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 29^th March, 2022.

 

_______

 

MOTION

 

THANKS

 

(Debate resumed)

 

Mr Michelo (Bweengwa): Madam Speaker, I am kindly requesting to stand on the other side of the House, my historical place, because there, I will not be bending to reach the microphone. Is that okay?

 

Madam First Deputy Speaker: You want to move to another position?

 

Mr Michelo: Yes, Madam Speaker.

 

Madam First Deputy Speaker: Please, go ahead.

 

Mr Michelo moved to the left side of the House.

 

Madam First Deputy Speaker: The microphone was a bit low. I am sure he was struggling to use the microphone.

 

Mr Michelo: Exactly, Madam Speaker.

 

Madam First Deputy Speaker: You can continue with your debate.

 

Mr Michelo: Madam Speaker, thank you so much for allowing me to debate the President’s Speech, which was presented on the Floor of this House about a week or two ago.

 

Madam Speaker, the President’s Address on the Floor of this House was encouraging for all well-meaning Zambians. When the President talked to the people of the Republic of Zambia, every well-meaning Zambian did agree with his address. It was very good and inspiring, especially on the progress made in the application of the national values and principles. Madam Speaker, I will dwell more on democracy, non-discrimination, good governance and corruption.

 

Madam Speaker, the President talked about democracy. I think that in the last seven or ten years, we saw this country deteriorate whereby, Opposition political party leaders were not given space to campaign or to protest. It was very difficult under the previous regime. However, we thank the 2.8 million Zambians for turning up to go and vote for the UPND and the Republican President, Mr Hakainde Hichilema. We thank the Zambian people.

 

Madam Speaker, under the UPND, we are not going to discriminate against any Zambian in all the ten provinces of this country. However, under the Patriotic Front (PF) rule, we saw a lot of bad things and some people were discriminated against, like in the Southern Province, especially in Bweengwa Constituency where we were not given National Registration Cards (NRCs), and yet we are Zambians. It was very difficult under the PF rule.

 

Madam Speaker, we were not allowed to campaign freely. Even in the last general election, our President was not allowed to traverse the county. It was very difficult. We were ruled by a brutal regime, but the Zambian people right now are breathing fresh air.

 

Madam Speaker, our people were not allowed to put on political regalia, especially of the Opposition, the red UPND regalia. We were not allowed. If seen wearing it, especially here in the streets of Lusaka, some people were even killed by the same PF regime. It was very difficult.

 

However, the Zambian people right now are breathing fresh air. Our people, especially the Opposition was not allowed to put on political regalia. For our United Party for National Development (UPND) red regalia, we were not allowed to put it on especially on the streets of Lusaka. Some people, if seen, were even killed by the same Patriotic Front (PF) regime. It was very difficult.

 

Madam Speaker, under the PF rule, corruption was their daily meal. They watered corruption and it was ever green. Corruption under the PF was something which was very difficult. I believe corruption killed more people than did the Coronavirus Disease 2019 (COVID-19) in this country. We had no medicines in hospitals and people were forced to consume expired drugs in this country because of the same corruption. It was very difficult. However, I believe, this new regime of the New Dawn Government is going to correct all the mistakes. 

 

Madam Speaker, right now, Zambia is a country where we are managing to live as one. In all the ten provinces of this country, as Zambians, we can sit on the same table and we can share ideas. This is very important.

 

Madam Speaker, the President also talked about value addition. That is a very essential component in the value chain. It is very important. However, it is very disheartening at the moment that the President is encouraging value addition, but we are seeing some technocrats under some ministries importing powdered milk from other countries to reconstitute milk at the expense of the small scale and large scale dairy farmers. We are also seeing people flooding the Zambian market with milk from South Africa and the United States of America (USA), and yogurt from Zimbabwe, which is not good for this country. We urge the Government, and especially the Ministry of Fisheries and Livestock, to please look at its officers. They are not doing a good job. We must not kill the dairy sector in this country. This is very important.

 

Madam Speaker, the President talked about amnesty. He extended his hands to people who stole from the poor Zambian people to bring back what they stole. However, some people from the PF are daring the President that if they stole, he should go and arrest them. Yes, we will arrest them. The police will arrest them if they stole. We are even seeing some people saying that Zambians should stand up and fight hard before 2026 elections, and that if they do not do that, they will die.

 

Madam Speaker, I want to promise those people who think that they will die that they will not die, but will be taken to court and sentenced, maybe, to ten or fifteen years’ imprisonment. I think we have an able hon. Minister in the name of Jack Mwiimbu; he will look after them. They will be eating beans. He will feed them. They are not going to die. Even at the time when they come out of jail, maybe after twenty or twenty-five years, especially those criminals who stole from the poor of this country, they are not going to die; we have an able hon. Minister in the name of Doreen Mwamba who will put them on the Social Cash Transfer Scheme because by the time they come out, I know they will come out as poor people as all the proceeds of the crimes which they committed and the stolen property will be already gone. Even the money which they stole will no longer be with them and they are not going to enjoy.

 

Madam Speaker, we in the UPND are stars of the rule of law, justice, democracy and humanity. I want to urge each and every individual to rally behind the New Dawn Government under the leadership of Hakainde Hichilema so that we can drive this country together. This country has been destroyed in the last seven years. It was very difficult.

 

Madam Speaker, Zambia, in the last seven years, was ruled by a community of criminals. We are not going to allow Zambians to be ruled by criminals again in the next five years. We will not allow them. We will not allow them to bounce back. Zambians are not interested in the way they used to steal from the poor people.

 

Madam Speaker, with these few words, I greatly thank you.

 

Madam First Deputy Speaker: Hon Members, permit me to invite the hon. Member for Kabwata to render his Maiden Speech.

 

Hon. Government Members: Hear, hear!

 

Mr Tayengwa (Kabwata): Madam Speaker, I thank you for giving me this opportunity to present my Maiden Speech to this august House. First and foremost, I thank my God, who makes things beautiful, for allowing me to be amongst such distinguished leaders representing different constituencies in the country.

 

Madam Speaker, secondly, I salute His Excellency the Republican President, Mr Hakainde Hichilema, for being elected Zambia’s Seventh Republican President.

 

Madam Speaker, I also congratulate Her Honour the Vice-President, Madam Mutale Nalumango, for being elected the Republican Vice-President.

 

Madam Speaker, thirdly, I congratulate the Hon. Speaker, Madam Nelly Mutti, for being elected the first female Speaker in Zambia. I also congratulate the two Deputy Speakers, Hon. Malungo Chisangano and Hon. Moses Moyo.

 

Madam Speaker, allow me, at this stage, to thank my party, the United Party for National Development (UPND) for having adopted me as its candidate for the Kabwata Constituency by-election. In this regard, I thank all party structures and their leadership, including our foot soldiers, who worked tirelessly to ensure my victory.

 

Madam Speaker, sincere thanks also go to my wife, children, friends and relatives for their love, care and encouragement.

 

Madam Speaker, above all, I am most grateful to the voters for electing me as their representative. This is a very huge responsibility, which requires teamwork for one to succeed. I am, therefore, counting on the support of all the people in Kabwata, as I take up this mantle of representing them.

 

Madam Speaker, my election comes against the backdrop of the loss of the late Hon. Levy Mkandawire, MP, who died in a mysterious road accident on 18^th November, 2021. May his soul continue to rest in peace. I will continue from where he left off and ensure that development is delivered in Kabwata Constituency.

 

Madam Speaker, let me now turn to address issues in Kabwata Constituency. Kabwata Constituency has five wards, namely Chilenje, Kamwala, Kamulanga, Kabwata, and Libala, and each ward has its own unique challenges. The specific issues affecting the good people of Kabwata are as follows:

 

Health

 

Madam Speaker, the constituency has challenges of a lack of adequate health services. For instance, the Edgar Chagwa Lungu Clinic, which is in Kamulanga Ward, only operates from 08:00 hours to 14:00 hours. In addition, there are no maternity facilities. Pregnant mothers have to go to either Chawama or Chilenje hospitals. We will, therefore, lobby the Ministry of Health to increase capacity at this clinic.

 

Madam Speaker, we will also lobby the Ministry of Health to upgrade the Kamwala South health facility to a first-level hospital.

 

Madam Speaker, Libala Ward is the only ward that does not have a clinic. We will, therefore, also lobby the Ministry of Health to construct a clinic there.

 

Public Health

 

Madam Speaker, we will also advocate for the creation of neighbourhood health committees that will be spearheaded by retired health personnel and other professionals. These committees will work closely with the Department of Public Health under the Lusaka City Council.

 

Madam Speaker, the role of these committees will be to promote better sanitation such as proper disposal of garbage in residential areas in order to minimise outbreaks of water borne diseases like cholera.

 

Education

 

Madam Speaker, while each ward has a secondary school, the current capacity is inadequate to meet the growing number of pupils which has been attracted by the free education policy introduced by the New Dawn Government. We shall, therefore, lobby the Ministry of Education to construct additional classrooms at all secondary schools to ensure that learners are given the best possible learning environment.

 

Hon. Government Members: Hear, hear!

 

Mr Tayengwa: Madam Speaker, we also note that Kabwata Constituency has insufficient skills training centres. Currently, there are only three centres, Chilenje, Kamwala and Kabwata. Sadly, the Chilenje Skills Training Centre has poor infrastructure and lacks materials and trainers. We will, therefore, lobby the Ministry of Education to improve the capacity of these two institutions.

 

Madam Speaker, still in the education sector, we will also encourage all other people who have not completed their education to go back to school and complete education by obtaining, at least, a General Certificate of Education GCE O-levels, where necessary. We will lobby sponsors to provide textbooks and other learning materials.

 

Housing

 

Madam Speaker, shortage of houses, especially for essential workers like police officers, teachers and health personnel, is of grave concern in Kabwata. For example, police officers at the Janet Sakala Police Camp in Chilenje Ward share houses meant for one family. We are appealing to the Ministry of Home Affairs to upgrade and build additional decent houses for our officers.

 

Hon. Government Members: Hear, hear!

 

Mr Tayengwa: In the same vein, teachers at Arthur Wina, Lusakasa and Muyooma basic schools have no houses. Therefore, the Ministry of Education will be lobbied to resolve this matter.

 

Empowerment

 

Madam Speaker, we will look at empowerment through the promotion of women to decision making positions. We know that there is currently no law compelling political parties to adopt women as candidates at local Government and parliamentary levels. We will, therefore, advocate for the enactment of a law which will enable women to have, at least, 50 per cent representation at Local Government and parliamentary levels.

 

Hon. Government Members: Hear, hear!

 

Mr Tayengwa: We will also advocate for the empowerment of the disabled, orphaned and widowed. This will be done by working closely with the Ministry of Community Development and Social Services as well as other non-governmental organisations (NGOs) and co-operating partners.

 

Sport

 

Madam Speaker, we note with grave concern the absence of sporting facilities in Kabwata Constituency. To resolve this, we will work closely with the Ministry of Youth, Sport and Arts as well as other organisations such as EduSport and Sport in Action to promote sporting activities in Kabwata.

 

Security

 

Madam Speaker, crime levels in Kabwata continue to be on the rise. To address this matter, we will promote the creation of neighbourhood watch groups, which will work closely with the police.

 

Madam Speaker, in conclusion, I pledge to work closely with all hon. Members of Parliament and to support any progressive ideas that will be brought to the House, as long as they benefit mother Zambia.

 

Madam Speaker, natotela mukwai.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Meaning?

 

Mr Tayengwa: Meaning, ‘I thank you.’

 

Hon. Government Members: Hear, hear!

 

Mr Menyani Zulu (Nyimba): Madam Speaker, I just want to add a few words to the debate on the President’s Speech on national values and principles. The importance of this is that the President came here and gave us a very good and healthy speech, which I totally support.

 

Hon. Government Members: Hear, hear!

 

Madam Speaker, the President touched on a lot of things, very important things, and I will just take a few out of what he addressed. On early marriages, I support the President and I think it is time that this House came up with an Act of Parliament, which is going to start sending people who are marring off young children to jail.

 

Madam Speaker, where I come, ladies as young as sixteen or fourteen years have two babies each. This is not helping us as a country. There is the Policy of free education, which I think we should utilise and send our girl child back to school so that we can, at least, raise the number of educated children in rural areas.

 

Madam Speaker, this message should be sent into each and every part of this country; no one shall marry off a child to go and have another child. That should come to an end.

 

Madam Speaker I also wish to embrace the President’s sentiments and agree with him that the country, and the world at large, is having problems due to climate change. What is happening today is that a lot of trees are going to waste. In this country, we have allowed foreigners to dictate to us on what we should do with our own forests and these forests are going to waste a result of which we are having floods and droughts everywhere.

 

Madam Speaker, it is my plea and wish that the hon. Minister of Green Economy and Environment should come up with a policy that each and every district should start planting trees. Some of the districts and constituencies where we come from, you find that the forest has been depleted and there is nothing we are doing. We are the leaders and the leaders of this country and should take that as our duty to start planting trees every where we are. Only then are we are going to minimise the impact of climate change.

 

Madam Speaker, the President emphasised on something very important and I agree. A few of us may agree and say ‘hear, hear!’ to the President, but in our inner being, in our hearts, do not mean it. This is on love, respect and national unity. I do not see it. The President is speaking and he is speaking nicely and he means it. I have spoken to the President and I know he means it.

 

Madam Speaker, with the happenings in this country, do the lieutenants who follow the President really aim to do what the President says? Even here where we are, some of us wish that other hon. Members of this august House were not there. You have heard the language which comes from the front bench, the hon. Ministers. Some of the messages come from the backbenchers. We do not need that as a country.

 

Madam Speaker, the Patriotic Front (PF) is gone. It will never come back.

 

Hon. UPND Member: Hear, hear!

 

Mr Menyani Zulu: Hon. Members should have it in mind. Let us not – it is simple advice. It is free advice that I am giving to the United Party for National Development (UPND). If they want to follow what the PF did, they will be gone. People now have woken up. You speak sensible things, they will respect you. Today, you hammer somebody – the PF surely were corrupt and that is why – some of them where corrupt, but not everyone.

 

Madam Speaker, just like at the end of the day, on your right, some of them will be called corrupt, but that does not mean everyone would have been corrupt. However, let us unit and love each other. There are people who are naturally corrupt. Whether you change colour from this angel to the other angle, they will still be corrupt.

 

Madam Speaker, when I look at your right – at one time, I was very senior leader in one of the political parties. I still see the same people who were in the PF, the Movement for Multi-Party Democracy (MMD) and the United National Independence Party (UNIP). Today, they are sitting here. Are they here to claim that they are upright and clean? Let us be realistic.

 

Madam Speaker, many are the things we can discus and talk about, but let us love one another. For now, the UPND should take the opportunity and this opportunity it has is to build the party.

 

Madam First Deputy Speaker: Order!

 

(Debate adjourned)

 

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The House adjourned at 1840 hours until 0900 on Friday, 25^th March 2022.

 

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