RULING BY THE HON MADAM SPEAKER ON THE POINT OF ORDER RAISED BY MR R K CHITOTELA, MEMBER OF PARLIAMENT FOR PAMBASHE CONSTITUENCY ON WHETHER HON C MILUPI, MP, MINISTER OF INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT WAS IN ORDER TO INFORM THE NATION THAT THE CONSTRUCTION OF THE NDOLA/LUSAKA DUAL CARRIAGEWAY WOULD BE UNDERTAKEN UNDER THE PUBLIC – PRIVATE PARTNERSHIP (PPP) MODEL WITHOUT CONDUCTING A FEASIBILITY STUDY AND AMENDING THE PPP ACT AND THE PUBLIC FINANCE MANAGEMENT ACT WHICH CONTRADICT EACH OTHER

 

Hon Members will recall that on Tuesday, 7th June, 2022, when the House was considering Question for Oral Answer No 315 on the Order Paper, and Hon C Milupi, MP,Minister of Infrastructure, Housing and Urban Developmentwas on the Floor, Mr R K Chitotela, Member of Parliament for Pambashe Constituency raised a Point of Order against Hon C Milupi, MP.

 

Hon Members, in the Point of Order, Mr R K Chitotela, MP, alleged that Hon C Milupi, MP, had breached Standing Order 65 by informing the House that the Ndola/Lusaka Carriageway would be constructed using the public private partnership model. He explained that that was because the Public Private Partnership Act No. 14 of 2009 required a feasibility study to be undertaken before an invitation to tender a project could be made. He added that the feasibility study should not be more than three (3) years old. Mr R K Chitotela, MP, said that he had not seen an advertisement for a feasibility study for theLusaka/Ndola Dual Carriageway. 

 

Further, Mr R K Chitotela, MP, stated that the Public Finance Management Act No. 1 of 2018 and the Public Private Partnership Act were contradictory. That was because the formerempowered the Hon Minister of Finance and National Planning to commit the country to debt, while the latter, empowered the contracting authority to sign on behalf of Government. 

 

In her immediate response, the Hon Madam First Deputy Speaker reserved her ruling in order to obtain more information on the matter. Hon Members, I have since studied the matter and now render my ruling. 

Hon Members, I have considered Mr R K Chitotela, MP’s, Point of Order and note that he did not lay any evidence on the Table to substantiate his assertion that–

(i) the hon Minister had not conducted a feasibility study prior to commencing the process of advertising for a concessionerfor the Lusaka/Ndola Dual Carriageway; and

(ii) the Public Finance Management Act No. 1 of 2018 and the Public Private Partnership Act were contradictory

In the absence of such evidence, I am constrained to find that by saying that the Ndola/Lusaka Carriageway would be constructed using the public private partnership model, Hon C Milupi, MP, had misled the House and as a consequence, breached Standing Order 65. The Hon Minister was, therefore, not out of order.

I Thank You. 

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