Thursday, 30^th March, 2023

The House met at 1430 hours

[MADAM SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

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ANNOUNCEMENT BY MADAM SPEAKER

COLLECTION OF BIOMETRIC CARDS FOR HON. MEMBERS OF PARLIAMENT AND STAFF

Madam Speaker: Hon. Members, I wish to inform the House that the National Health Insurance Management Authority (NHIMA) has sent to the National Assembly biometric cards for hon. Members of Parliament and staff who registered with the authority on 15^th December, 2022. The cards may be collected from the National Assembly Clinic on Friday, 31^st March, 2023, starting at 0900 hours. All hon. Members of Parliament who registered, but did not collect their cards, are encouraged to do so tomorrow.

I thank you.

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RULINGS BY MADAM SPEAKER

POINT OF ORDER RAISED ON FRIDAY, 24^TH MARCH, 2023, BY MS K. S. MULENGA, HON. MEMBER OF PARLIAMENT FOR KALULUSHI CONSTITUENCY, AGAINST MR L. MWENE, HON. MEMBER OF PARLIAMENT FOR MANGANGO CONSTITUENCY, FOR ALLEGING THAT THE HOUSE WAS HARBOURING THIEVES

Madam Speaker: Hon. Members, the House will recall that on Friday, 24^th March, 2023, when the House was considering Question for Oral Answer No. 230 and Mr L. Lubozha, hon. Member of Parliament for Chifubu Constituency, was asking a follow-up question, Ms K. S. Mulenga, hon. Member of Parliament for Kalulushi Constituency, raised a point of order.

In the point of order, Ms K. S. Mulenga, MP, asked whether Mr L. Mwene, hon. Member of Parliament for Mangango Constituency, was in order to allege that there were thieves in the House. The point of order was based on a running comment made by Mr L. Mweene, MP, in response to a statement made by Mr L. Lubozha, hon. Member of Parliament for Chifubu Constituency, in his follow-up question. In the question, Mr L. Lubozha, MP, asked why the Government was taking long to prosecute persons who had misappropriated funds meant for the completion of the civic centre in Mwansabombwe District which had stalled.

In his immediate response to the point of order, the hon. Mr Second Deputy Speaker reserved his ruling to study the matter. I have since studied the matter and will now render my ruling.

Hon. Members, a review of the verbatim record of the proceedings of Friday, 24^th March, 2023, revealed that Ms K. S. Mulenga, MP, in raising her point of order, did not cite the Standing Order that had been breached by Mr L. Mwene, MP, as required by Standing Order 131 (3) of the National Assembly of Zambia Standing Orders, 2021. On that basis, the point of order is not admissible.

Hon. Members, I wish to remind you to clearly cite the rule, law, privilege, practice or procedure breached whenever you raise a point of order. I also seize this opportunity to inform this House that I have noticed, with dismay, the trend of hon. Members making running commentaries in contravention of Standing Order 204 (2) (h) of the National Assembly of Zambia Standing Orders, 2021. In that regard, I urge hon. Members to desist from this practice which tends to disturb the hon. Member on the Floor and disrupt the smooth flow of the Business of the House.

I thank you.

POINT OF ORDER RAISED ON FRIDAY, 10^TH MARCH, 2023, BY HON. M. HAIMBE, SC, MINISTER OF JUSTICE, AGAINST MR E. TEMBO, HON. MEMBER OF PARLIAMENT FOR FEIRA CONSTITUENCY, FOR MISLEADING THE NATION BY ALLEGING THAT THE REPUBLICAN PRESIDENT HAD NOT SPOKEN CLEARLY ON LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER AND INTERSEX (LGBTQI) RIGHTS AND THAT NO ACTION HAD BEEN TAKEN ON THE MATTER

Madam Speaker: I am failing to say that abbreviation properly because when you do not like something, that is what happens.

Hon. Members: Hear, hear!

Madam Speaker: Hon. Members will recall that on Friday, 10^th March, 2023, when the House was considering the Motion of Thanks to the President’s Address on National Values and Principles, and Mr E. Tembo, MP, was on the Floor, Hon. M. Haimbe, SC, Minister of Justice, raised a point of order against Mr E. Tembo, hon. Member of Parliament for Feira Constituency, pursuant to Standing Order 65 (1) (b).

In his point of order, Hon. M. Haimbe, SC, MP, enquired on the following:

1. whether Mr E. Tembo, MP, was in order to mislead the House and nation by alleging that the Republican President did not speak clearly on Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) rights; and
2.  whether Mr E. Tembo, MP, was in order to mislead the House that the Zambia Police Service had failed to execute its duties by charging persons who had participated in the demonstration of Saturday, 4^th March, 2023, with giving false information to police officers and leave out the real charge.

In his immediate response, the hon. Mr Second Deputy Speaker reserved his ruling. I have since studied the matter and I will now render the ruling.

Hon. Members, let me begin by giving a background to what gave rise to Hon. M. Haimbe, SC, MP’s point of order. On Friday, 10^th March, 2023, during his debate on the Motion of Thanks to the President’s Address on National Values and Principles, Mr E. Tembo, MP, stated that the issue of LGBTQI’s rights in the country had been debated by the House and people had started demonstrating. He then stated that the demonstrators had been arrested and charged with giving false information to police officers and not the real charge.

He further alleged that the United Party for National Development (UPND) had not been strong on the issues of LGBTQI’s, hence the demonstrations on Saturday, 4^th March, 2023. He indicated that there was need to issue a very strong statement on LGBTQI rights as previous Governments had done. He stated that previous Presidents had issued statements and clarified that LGBTQI rights could not be recognised in Zambia and talked about persons who sponsored the LGBTQI movement.

Hon. Members, I will now address the two aspects of the point of order, seriatim, as follows:

1. whether Mr E Tembo, MP, was in order to mislead the nation by alleging that the Republican President did not speak against LGBTQI rights.

Hon. Members, our Standing Orders require that whatever a Member states in the House, should be factual, verifiable and substantiated. In that regard, as correctly put in the Point of Order, Standing Order 65 (1)(b) of the National Assembly of Zambia Standing Orders, 2021, on content of speech states as follows:

“65.    

1. A member who is debating shall –

1. ensure that the information he or she provides to the House is factual and verifiable.”

Hon. Members, a perusal of the verbatim record of the House, for Tuesday, 7^th March, 2023, reveals that the Minister of Home Affairs and Internal Security, Hon. J. J. Mwiimbu, MP, in responding to a matter of urgent public importance raised by Mr C. Andeleki, hon. Member of Parliament for Katombola Constituency, gave the Government’s position on the demonstration that transpired on Saturday, 4^th March, 2023.

Hon J. J. Mwiimbu, MP, informed the Speaker that the President had publicly made his position known that he would not support gayism in all its forms, and that he was a Christian who conformed to all Christian values. He further stated that the UPND did not support gayism and that it was preposterous, mischievous and unsavoury for any individual in the country to suggest that the President of the Republic of Zambia and the UPND condoned gayism in the country.

Hon. Members, in view of the foregoing, it is clear that Mr E. Tembo, MP, made a statement that was not supported by any documentary or cogent evidence as envisaged by Standing Order 65. Hon. Members, making such unsubstantiated statements, has the potential to mislead the House and public at large.

In view of the foregoing, Mr E. Tembo, MP, breached Standing Order 65 (1)(b) and was, therefore, out of order.

1. whether Mr E Tembo, MP, was in order to mislead the House that the Zambia Police Service had failed to correctly charge persons who participated in the demonstration of Saturday, 4^th March, 2023.

Hon. Members, the second limb of Hon. M. Haimbe, SC, MP’s point of order was to the effect that Mr E. Tembo, MP, misled the House by stating that the Zambia Police Service had failed to correctly charge persons who participated in the demonstration of Saturday, 4^th March, 2023.Hon. Members, let me point out that Mr E. Tembo, MP, made the statement without any evidence and, therefore, his statement was unsubstantiated. To that extent, Mr E. Tembo, MP’s statement had the potential to mislead the House and the public at large.

In view of this, Mr E. Tembo, MP, breached Standing Order 65 (1) (b) and was, therefore, out of order.

Hon. Members, I have observed a growing trend of hon. Members making unsubstantiated statements on the Floor.  Let me take this opportunity to urge hon. Members to desist from that.  Please ensure that only factual and verifiable information is brought to the House for the benefit of the House and the general public whom we serve.

I thank you.

COMPLAINT BY MR S. KAMPYONGO, HON. MEMBER OF PARLIAMENT FOR SHIWANG’ANDU CONSTITUENCY, AGAINST HON. MEMBERS OF THE COMMITTEE ON HEALTH, COMMUNITY DEVELOPMENT AND SOCIAL SERVICES WHO VOTED AGAINST THE COMMITTEE’S REPORT ON FRIDAY, 16^TH DECEMBER, 2022

Madam Speaker: I order Mr M. Chinkuli, MP, and Mr L, Mwene, MP, to stand by their seats.

Mr Chinkuli and Mr Mwene rose.

Hon. Opposition Members: Hear, hear!

Madam Speaker: Hon Members, I inform the House that on Tuesday, 28^th February, 2023, my office received a letter of complaint from Mr S. Kampyongo, hon. Member of Parliament for Shiwang’andu Constituency, against Mr M. Chinkuli, hon. Member of Parliament for Kanyama Constituency, and Mr L. Mwene, hon. Member of Parliament for Mangango Constituency. The complaint alleges that Mr M. Chinkuli, MP, and Mr L. Mwene, MP, voted against the report of the Committee on Health, Community Development and Social Services, when they were hon. Members of the Committee.

Mr B. Mpundu: How?

Hon. Members: Shame!

Madam Speaker: Order!

In order to confirm whether the two hon. Members of the Committee on Health, Community Development and Social Services voted against their report as alleged, I had recourse to the voting register of 16^th December, 2022. Hon. Members, a perusal of the voting register confirmed that Mr M. Chinkuli, MP, and Mr L. Mwene, MP, indeed voted against the special report of the Committee on Health, Community Development and Social Services.

In line with parliamentary practice and procedure and in accordance with the rules of natural justice, on Wednesday, 15^th March, 2023, the Office of the Clerk of the National Assembly wrote to Mr M. Chinkuli, MP, and Mr L. Mwene, MP, requesting them to state their side of the story.

In response, Mr M. Chinkuli, MP, responded by stating that he had pressed on the ‘No’ button in error instead of the ‘Yes’ button on the Bosch gadget in the Chamber.

Laughter

Madam Speaker: He added that efforts to change his vote proved futile as the Bosch system allegedly malfunctioned and eventually the voting closed when the bell rang.  He added that he regretted the error and endeavoured to be careful when voting electronically using modern technology. In that regard, he requested the Hon. Madam Speaker to consider the matter in light of his apology.

Further, Mr L. Mwene, MP, admitted that he voted against the report and explained that he voted as he did because after reflecting on the report, his conscience would not allow him to vote for it. He, however, sought forgiveness as he was a first offender.

Laughter

Madam Speaker: Hon. Members, the complaint raises the issue of an hon. Member of a Committee voting against a report of a Committee he or she belongs to contrary to the National Assembly of Zambia Standing Orders, 2021. Standing Order 185 (3) and (4) are instructive on the matter and provide as follows:

“185. …

1. A member of the Committee shall not dissent from, or vote against, the recommendations contained in the committee’s report.

1. The Speaker may refer the matter of a member that dissents from, or votes against, a report under paragraph (3) to the Committee on Privileges and Absences or take an appropriate action against such member.”

Hon Members, it is clear that Mr M Chinkuli, MP and Mr L. Mwene, MP, voted against the recommendations of a report of a Committee they belong to, contrary to our Standing Orders. In view of this, hon. Members, I find that Mr M. Chinkuli, MP and Mr L. Mwene, MP, were in breach of parliamentary privilege and in contempt of the House and, therefore, out of order. However, I take cognisance of the fact that the two hon. Members are first offenders, relatively new Members in the House and were apologetic for their conduct. Therefore, I have decided to exercise leniency and admonish them in accordance with Section 28 (1)(b) of the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia.

I now wish to address the two hon. Members.

Mr M. Chinkuli, MP and Mr L. Mwene, MP, your conduct of voting against a report of a Committee to which you are members is a breach of parliamentary privileges and a contempt of the House. As members of the Committee, you had the opportunity to interact with the relevant witnesses and make recommendations on the matter as a Committee, based on consensus. You are also well aware that our rules do not permit a minority report. Therefore, the report of the Committee is that of all its members. It was, therefore, extremely inappropriate for you to vote against a report that you were part of. In this regard, the House is extremely displeased with your conduct. It is hoped that, in future, you will endeavour to abide by the rules of this House and avoid such conduct. Please bear in mind that a repetition of such conduct will attract a stiffer penalty.

I now order you, Mr M. Chinkuli, MP, and Mr L. Mwene, MP, to apologise to the House.

Mr M. Chinkuli, MP, will render his apology first and then Mr L. Mwene, MP, will render his. Thereafter, you may both resume your seats.

Mr Chinkuli (Kanyama): Madam Speaker, I, Monty Chinkuli, in my personal capacity and in my capacity as Member of Parliament for Kanyama Constituency, do unreservedly apologise to this august House for voting against the report of your Committee on Health, Community Development and Social Services to which I am a member, when the report of your Committee was being adopted by the House.

Madam Speaker, having reflected on my conduct, which amounts to a breach of parliamentary privileges and contempt of the House, I assure you, Madam, and the august House that from now on, I shall endeavour to ensure that I familiarise myself with the voting system so that I do not vote against a report of your Committee to which I belong in contravention of the rules of this House.

Madam Speaker, I thank you.

Mr Chinkuli resumed his seat.

Madam Speaker: Hon. Chinkuli, remain standing.

Mr Mwene (Mangango): Madam Speaker, I, Luhamba Mwene, in my personal capacity and in my capacity as the hon. Member of Parliament for Mangango Constituency do unreservedly apologise to this august House for voting against the report of the Committee on Health, Community Development and Social Services to which I am a member, when the report of the Committee was being adopted by the House.

Madam Speaker, having reflected on my conduct, which amounts to a breach of parliamentary privileges and contempt of the House, I assure you, Madam and the august House that from now on, I shall endeavour to ensure that I do not vote against a report of the Committee to which I belong in contravention of the rules of this House.

Madam Speaker, I thank you.

Madam Speaker: You may now resume your seats.

Hon. Members: Hear, hear!

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Madam Speaker: Order!

Hon. Members, we have a lot of work. I have seen that we have three matters of urgent public importance. If you need to have more time to debate any item, please let us move quickly because I have the order of proceeding which I have to run through very quickly. There are two matters of urgent public importance now; from the hon. Member for Nyimba and the hon. Member for Mpika.

MATTERS OF URGENT PUBLIC IMPORTANCE

MR MENYANI ZULU, HON. MEMBER FOR NYIMBA, ON ENG. MULUPI, HON. MINISTER OF INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT

Mr Menyani Zulu (Nyimba): On a matter of urgent public importance, Madam Speaker.

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

Mr Menyani Zulu: Madam Speaker, my matter of urgent public importance is directed at the hon. Minister of Infrastructure, Housing and Urban Development.

Madam Speaker: Order!

Let me just check my order of proceedings. I think today, we are skipping matters of urgent public importance. It is not on the Order Paper. It will come later, sorry. We are supposed to have the Notice of Motion by Her Honour the Vice-President, sorry.

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MOTION

SUSPENSION OF STANDING ORDERS 27 AND 115

The Vice-President (Mrs Nalumango): Madam Speaker, I beg to move that Standing Orders 27 and 15 of the National Assembly of Zambia, Standing Orders 2021, be suspended to enable the House to complete all business on the Order Paper on Friday, 31^st March, 2023 and all matters arising therefrom, and that on such completion, the House do adjourn sine die.

Madam Speaker, Standing Order 27 provides for automatic time of adjournment, while Standing Order 115 prohibits consideration of more than one stage of a Bill at the same sitting. This Motion seeks to suspend these two Standing Orders so that all business on the Order Paper for Friday, 31^st March, 2023, is concluded and thereafter adjourn sine die.

Madam Speaker, let me now give a synopsis of the business that the House has considered thus far. The House has sat for a total of twenty-seven days. The House has considered approximately 161 Questions for Oral Answer, four Motions to adopt parliamentary committee reports, two Motions to adopt reports on parliamentary delegations to international conferences as well as three Private Members Motions. Additionally, the House debated the Motion of Thanks to His Excellency, the President’s Special Address on the Progress Made in the Application of National Values and Principles.

Madam Speaker, further, the House passed seven Bills, and fifteen ministerial statements, explaining and clarifying Government policies on various issues, have also been issued in the House. Furthermore, seven annual reports from the Government and quasi-government departments have been tabled. It is clear that from the above statistics, although the House sat for a relatively short period, the volume of business transacted is large. This is attributed to the commitment, dedication and hard work of all hon. Members of this august House. I, therefore, wish to commend all hon. Members for the job well done.

Hon. Members: Hear, hear!

The Vice-President: Madam Speaker, as we take this break, I wish to urge all hon. Members to take time and visit their constituencies and assess the situation on the ground with regard to the food security and damaged infrastructure as a result of natural disasters. Hon. Members should bring to the attention of the Disaster Management and Mitigation Unit (DMMU), which falls under my office, all affected areas for possible assistance.

Madam Speaker, having said that, allow me to thank you, the First Deputy Speaker and the Second Deputy Speaker for the able manner in which you presided over the business of the House. I also wish to extend my sincere gratitude to the Office of the Clerk of the National Assembly and his staff, the Office of the Vice-President, the Parliamentary Business Division and officers from various Government ministries and departments for the services rendered to ensure that the meeting was a success.

Madam Speaker, allow me to wish all hon. Members and, indeed, the entire nation happy Easter Holidays. This is a procedural Motion and I urge all hon. Members to support it.

Madam Speaker, I beg to move.

Mr Kampyongo (Shiwang’andu): Madam Speaker, thank you for allowing me to make a few comments on the procedural Motion moved by Her Honour the Vice-President to suspend Standing Orders 27 and 115 of our Standing Orders, 2021.

Indeed, Madam Speaker, this is a non-controversial Motion and we are in support of it. However, I have a few observations. Yes, indeed, we acknowledge the business that has been transacted, but have our concerns to express, knowing that this meeting was dedicated to legislation. It is a Legislative Meeting and so, suspending Standing Orders 115 in this session would not have been an ideal situation because all the Bills that we were supposed to transact should have come in time. The Executive should have known and planned ahead of this meeting because it is dedicated to legislation.

Madam Speaker, this issue of considering Bills at the tail end of the meeting is posing a challenge because hon. Members need to have ample time to study and apply their minds to the Bills, so that when they are passed for the President’s assent to became Acts of Parliament, they would have participated, well-informed, rather than rushing through to conclude. Going forward, we would like the Executive to be proactive in planning for meetings because the calendar of this institution is very well known.

Madam Speaker, that said, I also acknowledge the responsibility assigned to us as we go back to our constituencies to see our people. Indeed, our people are in distress in most areas and the issue of food security is a matter of concern because this is the period we expect that our people would be having fresh crops and being nourished. Unfortunately, we have noticed, in many areas, your citizens queuing up for the staple food, which is mealie meal and is being sold at various expensive prices. We need to, collectively, find a way of cushioning our people because in many areas, it is beyond their means. So, we agree with Her Honour the Vice-President.

The disasters are the same in most of areas. If we talk about Muchinga Province, which was one of the areas affected by the Cyclone Freddy, there are many wash-aways. What will be important is that the Vice-President activates all the disaster co-ordinating teams, starting from the provinces up to the district levels so that we, as hon. Members, go and partner with them in getting on the ground and ensuring that most of those wash away crossing points are attended to and our people are not cut off from accessing Government services such as health and other very important ones.

Madam Speaker, we also want Her Honour the Vice President to ensure that we, as hon. Members of Parliament, are kept abreast with what is happening just across the road at the Kenneth Kaunda Conference Centre. Ideally, we would have expected the hon. Minister of Foreign Affairs and International Co-operation to come with a ministerial statement to share with this august House the details of the Summit on Democracy that is going on, so that we know how the participation is structured. As it is, we are all blank and it is very difficult for us to go and share information with our people pertaining to this summit that we, as Zambians, are co-hosting with other countries.

Madam Speaker, lastly, allow me to appreciate the Presiding Officers and our Clerks-at-the-Table for the manner in which they discharged their functions. Yes, we need some areas to be improved. We shall take advantage of this time that we are revising the Standing Orders, so that there can be harmony between the Presiding Officers and the entire membership of this august House and we can transact business without acrimony, but with mutual respect as people’s representatives, ensuring that we represent our people in an environment which is conducive enough for all us to co-exist.

Madam Speaker, with those few remarks, I support the suspension of the Standing Orders, but with reservation on 115. I still feel we should not have suspended it, knowing the ample time that we had to consider the Bills. We should go about our business here systematically.

Madam Speaker, I thank you.

Madam Speaker: Thank you very much. I am sure the Executive has taken note of the comments that have been made by the hon. Member for Shiwang’andu. With regard to the ministerial statement on the Summit on Democracy, there was a request for a ministerial statement, but because one of the hon. Members here had raised a question which had been approved, it could not be admitted. In any case, that issue is going to be discussed today. So, hon. Members will go away with information. Nothing has been lost.

Hon. Members, this is a procedural Motion. So, I call on Her Honour the Vice-President to wind up the debate.

The Vice-President: Madam Speaker, I thank the hon. Member who has spoken on this non-controversial procedural Motion. I appreciate what he has said.

Madam Speaker, you have given ample guidance on what has happened. I know that this House is not a court of law but there is precedence that is followed. Therefore, when hon. Colleagues see things moving a little slow, they should know that it is not intentional. I think the hon. Whip of the Opposition is aware of certain work of Parliament that had to be done in a day because it had to be done according to the Executive. I am sure he remembers the issue of the Constitution. It is not that we want to do things at the last minute; It is because of the amount of work that we have to cover.

Madam Speaker, lastly, as you have said, there will be a short interaction on the event, particularly, the one which is going on just across.

 

I thank you, Madam Speaker.

Question put and agreed to.

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MATTERS OF URGENT PUBLIC IMPORTANCE

MR MENYANI ZULU, HON. MEMBER FOR NYIMBA, ON ENG. MILUPI, HON. MINISTER OF INFRUSTRUSRURE, HOUSING AND URBAN DEVELOPMENT, ON THE STATE OF THE ROAD TO CHIEFTAINESS MWAPE’S AREA IN NYIMBA

Mr Menyani Zulu (Nyimba): Madam Speaker, on a matter of urgent public importance.

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

Mr Menyani Zulu: My matter of public urgent –

Laughter

Mr Menyani Zulu: Madam Speaker, my matter of urgent public importance is directed at the hon. Minister of Infrastructure, Housing and Urban Development. The Ministry of Infrastructure, Housing and Urban Development has made the people of my constituency miserable because it has failed to manage those who are constructing the roads that are funded by the World Bank. As a result, we have pregnant women who deliver on their way to the hospital because the road has been washed away. The river is flooded. The contractor who put the culverts there did a shadow work –

Interruptions

Madam Speaker: Order, hon. Members!

The correct word is “shoddy” not “shadow” hon. Member.

Laughter

Hon. Member: Hammer!

Madam Speaker: Order, hon. Members!

Mr Menyani Zulu: Madam Speaker, we have a problem because of the people who come from Chinsali, who smoke a certain type of weed.

Interruptions

Madam Speaker: Order, hon. Members!

You can resume your seat hon. Member for Nyimba. Can we progress. We have a lot of work to do and I know hon. Members would want to be given sufficient time to debate some items that are on the Order Paper. So, if we squander time and then, rush through certain items, do not blame the presiding officer. It is up to us to manage the time. You can also help me manage the time properly. So, as you raise your matters of urgent public importance, please be specific, to the point, and quickly.

Mr Menyani Zulu: I thank you for your advice. We have the road from Petauke to Msanzala up to Chieftainess Mwape’s area. We also have a road from Nyimba to Chieftainess Mwape’s area. I thank the Ministry of Local Government and Rural Development for helping us to acquire a boat that is being used at Mvuvye River even though sometimes, due to the current state of that river, we cannot use that boat.

Madam Speaker, when we checked the other newly constructed road from Petauke via Msanzala to Chieftainess, we found that the constructor did not do a good job on the culverts and as a result, about three crossing points have been washed out. I could not take this case to Her Honour the Vice-President’s office because it was not a disaster but failure by the constructor to do a good job. Therefore, my matter of –

Madam Speaker: Order, hon. Member for Nyimba!

Just on that point, I think that is a matter that you can follow up with the hon. Minister of Infrastructure, Housing and Urban Development. As we indicated and guided previously, please, do not wait until you raise a matter of urgent public importance on the Floor of this House. Always take an initiative as an hon. Member of Parliament to ensure that you make the necessary follow ups. That matter does not even qualify to be raised as a matter of urgent public importance. As guided, please, make a follow up with the hon. Minister responsible for that.

Mr Menyani Zulu: I have done all that, Madam Speaker.

Madam Speaker: Hon. Member, come to my Chambers so that we can have a discussion.

MR KAPYANGA, HON. MEMBER OF PARLIAMENT FOR MPIKA, ON MR TAYALI, HON. MINISTER OF TRANSPORT AND LOGISTICS, ON THE PAYMENT OF TAZARA WORKERS

Mr Kapyanga (Mpika): On a matter of urgent importance, Madam Speaker.

Madam Speaker: A matter of public importance is raised.

Mr Kapyanga: Madam Speaker, I thank you for according me an opportunity to raise a matter of urgent public importance pursuant to Standing Order No. 124, and directed at the hon. Minister of Transport and Logistics. Most recently, the Government announced to the nation that it had released money meant for the Tanzania Zambia Railway Authority (TAZARA) workers. Later on, it was revealed that only K50 million was released. That information put the TAZARA employees into a panic mode because they do not know whether they will receive full or partial amounts. Some people have gone to the Zambia State Insurance Company (ZSIC) but they have not been given satisfactory answers. The nation, more especially the TAZARA workers expected the hon. Minister of Transport and Logistics to issue a ministerial statement to give a correct position on the matter.

Madam Speaker, I seek your indulgence on this matter.

Madam Speaker: Hon. Member for Mpika, that is a matter that the Government is aware of and it has even released some money for the same. The best you as an hon. Member of Parliament can do, is to go and discuss with the hon. Minister of Transport and Logistics and find a solution, so that you can advise the people who are affected not to go into the panic mode that you are talking about.

Some of these issues, hon. Members, you can attend to them and when you attend to them in that way, you will be able to deal with them faster and your people will be happy with the kind of service you are providing.

Let us make progress. That concludes matters of urgent public importance.

________

MINISTERIAL STATEMENT

COP15 ON THE CONVENTION ON BIOLOGICAL DIVERSITY

The Minister of Lands and Natural Resources (Mr Muchima): Madam Speaker, I wish to take this opportunity to thank you for allowing me to issue a ministerial statement, on the Fifteenth Session of the Conference of the Parties (COP15) to the Convention on Biological Diversity that was held from 7^th to 19^th December, 2022 in Montreal, Canada.

Madam Speaker, the first part of COP15 was held in October of 2021 in Kunming, the People’s Republic of China, both physically and virtually. The second part was initially supposed to be held in the same country in April and May 2022. However, it was ultimately moved to Montreal, Canada due to the Coronavirus Disease 2019 (COVID-19) pandemic restrictions.

Madam Speaker, although the conference took place in Canada, the people’s Republic of China, through His Excellency, Mr Huang Runqiu, Minister of Ecology and Environment, held the presidency of COP15. Approximately 16,000 participants attended the conference sessions and parallel events, representing governments, the United Nations (UN) and international organisations, indigenous peoples and local communities, non-governmental organisations (NGOs), academia and the public sector.

Madam Speaker, Zambia was represented by a delegation of fifteen participants composed of thirteen Government delegates and two delegates from NGOs. The delegation was supported by the Zambian mission in Canada. The fifteenth session of the conference of the parties also served as the fourth meeting of the parties to the Nagoya Protocol on Access to Genetic Resources and the tenth meeting of parties to the Cartagena Protocol on Biosafety.

Madam Speaker, the Convention on Biological Diversity is an international legal instrument for the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of the genetic resources, that has been ratified by 196 nations so far. Zambia signed the convention on 11^th June, 1992 and ratified it on 28^th May, 1993.

Madam Speaker, the conference of parties to the convention adopts decisions to facilitate a global response to halt biodiversity loss and restore it to the desirable levels in order for biodiversity to contribute to the global Sustainable Development Goals (SDGs) as well as country-specific socio-economic development. Specifically, every conference of the parties meeting reviews the implementation of the convention and its two treaties, the Nagoya Protocol on Access to Genetic Resources and the Cartagena Protocol on Biosafety.

Madam Speaker, the conference of parties’ meetings also looks at progress in global biodiversity finance, capacity building, technology transfer, scientific co-operation and involvement of local communities in sustainable utilisation of biodiversity.

Madam Speaker, biodiversity is a source of essential resources and ecosystem functions that sustain human life, including food production and purification of air. However, prior to COP15, global assessments on biodiversity and ecosystem services have shown that the world has been losing biodiversity, the variety of all life on earth, at an alarming rate. These global assessments indicate that 1 million plant and animal species are threatened with extinction while genetic diversity is disappearing. Therefore, the COP15 in Montreal, Canada, was being held with a major objective of adopting a decision on an ambitious and transformative post-2020 Kunming-Montreal Global Biodiversity Framework, famously called the GBF, that aims to halt and reverse global biodiversity loss by 2030.

Madam Speaker, there were various decisions that COP15 adopted, that will support the implementation of the post-2020 Kunming-Montreal GBF. However, the following were and are still standing as the most prominent ones that are important at international and national levels:

1. a decision on a monitoring framework for the Kunming-Montreal GBF;
2. a decision on mechanisms for planning, monitoring, reporting and review for the post-2020 Kunming-Montreal GBF;
3. a decision on capacity building and development and technical and scientific co-operation;
4. a decision on an ambitious resource mobilisation strategy; and
5. a decision on benefit-sharing from the use of genetic resources and its derivatives such as Digital Sequence Information (DSI) on genetic resources.

Madam Speaker, these decisions at COP15 urged parties and other governments and organisations to implement the following major issues by 2030:

1. implement the post-2020 GBF and enable participation at all levels of government;
2. co-operate at trans-boundary, regional and international levels in the implementation of the GBF and to ensure the respect of rights and involvement of local communities;
3. parties to the convention to mobilise at least US$200 billion per year by 2030 from “all sources,” domestic, international, public and private to implement the post-2020 GBF;
4. of this US$200 billion, developed countries to increase their international finance flows for biodiversity by at least US$20 billion per year by 2025, and to at least US$30 billion per year by 2030 to support least developed countries such as Zambia to achieve their national biodiversity plans;
5. ensure at least 30 per cent of areas of degraded terrestrial and inland water and coastal and marine ecosystems are under effective restoration; and
6. ensure at least 30 per cent of terrestrial, inland water and of coastal and marine areas are effectively conserved and managed, among others.

Madam Speaker, in order to ensure our full and effective participation at COP15, the Zambian delegation participated in the high-level segment on 15^th December, where the country delivered Zambia’s statement to COP15, by highlighting among others, Zambia’s positions on the targets of the post-2020 GBF capacity building for least developed countries, the need to establish a global biodiversity fund, and the importance of promoting synergies such as climate change and biodiversity. The country also held a press conference in a quest to inform a wider audience on Zambia’s key positions for COP15.

Madam Speaker, the Zambian delegation also engaged in various meetings and engagements which were considered key to Zambia’s participation at the COP15. Some of these included:

1. bilateral meeting with Conservation International;
2. participation in a high-level side event organized by the European Union;
3. a visit by the delegation to the United Nations Environment Programme (UNEP)

          stand; and

    d.  making a presentation on Zambia’s status on managing invasive alien species at a side-event organised

         by   CABI and Inter-Agency Liaison Group (IALG) on invasive alien species.

Madam Speaker, some of the bi-lateral engagements provided a platform for the country to mobilise resources and plan for future collaborations with partners in the area of biodiversity conservation and protection. For example, Global Environment Facility (GEF) through UNEP will soon be providing the Government of the Republic of Zambia through my ministry, a grant amounting to US$254,115.86 to implement a project titled ‘Early Action Support Project’, to help the country prepare for the implementation of the Post 2020 Global Biodiversity Framework.

Madam Speaker, the ministry has so far submitted all the pre-requisite documents to facilitate disbursement of these funds by UNEP. The project will involve among other activities, undertaking the National Ecosystem Assessment to create a baseline of information on the current status of our country’s biodiversity and ecosystem services, the review of the 2015 National Biodiversity Strategy and Action Plan to align it to the Global Biodiversity Framework and the Eighth National Development Plan (8NDP), among other outputs.

Madam Speaker, the opportunity that COP15 offered cannot be underestimated. With the decisions adopted at COP15 such as those on financial resources and resource mobilization, Zambia stands a high chance of receiving financial support for the implementation of programmes and projects on biodiversity.

Madam Speaker, in preparation for the implementation of the post 2020, Global Biodiversity Framework, my ministry, in this regard, intends to enhance coordination in the natural resources sector by involving all of Government and society since biodiversity is cross-cutting. The ministry also intends to raise the steering committee on biodiversity to the Permanent Secretary level to enhance compliance of ministries in reporting on the targets of the National Biodiversity Strategy and Action Plan, which is the main policy instrument for implementing the Global Framework.

Madam Speaker, I thank you.

Madam Speaker: Hon. Members are now free to ask questions on points of clarification on the ministerial statement issued by the hon. Minister of Lands and Natural Resources.

Mr Fube (Chilubi): Madam Speaker, I think the hon. Minister has given a mouthful statement. That to me calls for ecological intelligence.

Laughter

Mr Fube: Madam Speaker, when we look at what the hon. Minister has given us, it takes ministries like the Ministry of Mines and Mineral Development, the Ministry of Green Economy and Environment, The Ministry of Agriculture, ministry of Fisheries and Livestock and many more because it talks about ground water and many other factors.

Madam Speaker, I want to find out from the hon. Minister whether the Government has developed a localised framework to domesticate so that it has an inter-ministerial approach to the resolutions.

Mr Muchima: Madams Speaker, in my speech, I said the framework has been weak in Zambia and that is why we need to do a review. Indeed, we shall look into it very critically so that other components and agencies are collaborated with.

I thank you, Madam Speaker.

Mr Menyani Zulu (Nyimba): Madam Speaker, I know that from the 15^th Session of the Conference of the Parties of the UNFCCC (COP15) to the 27^th Session of the Conference of the Parties of the UNFCCC (COP27), a good amount of money has been pledged towards the two by developed countries that want to help out. If you look at our marine species today, they are in danger and they might be wiped out from the seas or lakes.

Madam Speaker, when the hon. Minister sits in the caucus meetings with ministers, has he ever tried to ask about the pledges he talked about; the pledges from US$1 billion to US$200 billion. Forget about the US$251 million he told us about. When he sits with the people from developed countries who pledged, knowing they are the major destroyers of eco- systems and everything in the planet, has he ever sat down with them and told them that we need the headquarters of this in Addis Ababa or Lusaka so that we control the money when they fulfil their pledges. When they give us the money, we can see how we can utilise it for the continent, Africa, or for our country, mother Zambia.

Mr Muchima: Madam Speaker, it was very important for the Zambian Government to participate. I mentioned that we are upgrading the status from what it is to Permanent Secretary (PS) level so that a higher decision is made and to participate in the global meetings so that we become part and parcel to what is being decided. We are also going to review whatever is pertaining at the moment to take into consideration what the hon. Member raised.

I thank you, Madam Speaker

Mr Chanda (Kanchibiya): Madam Speaker, as you are aware, we are talking about sectors such as forestry, wildlife and water being affected.  Economic drivers come to play a critical role in this regard. Agriculture, in particular, contributes about 90 per cent to forest cover loss in the country and, of course, it is due to subsistence and commercial farming. As a country, what measures are we taking in ensuring that we safe guard, especially, rural areas that depend heavily on agriculture so that as we roll out, whether it is a weak local frame work and so on and so forth, or strengthen our frameworks, we do not endanger or sacrifice rural farming activities.

Mr Muchima: Madam Speaker, indeed, working in collaboration with other ministries such as the Ministry of Green Economy and Environment and the Ministry of Agriculture, we need to sensitise the whole nation. This is one area which we had just packed but now we need to re activate it so that we can go country wide to sensitise people on the importance of bio- diversity. I thank the hon. Member for that contribution.

I thank you, Madam Speaker.

Mr Mushanga (Bwacha): Madam Speaker, during the statement on the same 15^th Session of the Conference of the Parties of the UNFCCC (COP15), the hon. Minister stated that a project, Early Action Support, will be undertaken in the country. May he state when the project will be undertaken and how Zambia stands to benefit.

Mr Muchima: Madam Speaker, I thank the hon. Member for the question. We said we have put in place whatever is required for financing. Whatever project we want to undertake in the Government requires financing, which is barely available owing to the fact that the Government coffers were completely depleted. We need other finances to come in. This US$254,000 is coming in; to review the policy and to put all mechanisms in place. Zambia will benefit greatly from the interaction with other countries as it will identify the gaps that need to be addressed.

I thank you, Madam Speaker.

Mr Kang’ombe (Kamfinsa): Madam Speaker, I am grateful for the opportunity to ask a follow-up question to the hon. Minister of Lands and Natural Resources. The unit under the Ministry of Lands and Natural Resources that is responsible for issues of biodiversity has got duties that are linked to the work that the Ministry of Green Economy and Environment is currently doing in relation to issues of challenges of climate change. Are there plans or intentions by the Government to transfer that unit to the Ministry of Green Economy and Environment which currently has the strategic focus to deal with issues of the environment and biodiversity?

Mr Muchima: Madam Speaker, I need to clarify one point; the Ministry of Lands and Natural Resources is in a wider range where you have got Ministry of Water Development and Sanitation, Ministry of Energy, Ministry of Agriculture, and all these are anchored on the Ministry of Lands and Natural Resources. Biodiversity is part of the natural resource. We are talking about sources of water. We are talking of many…(Inaudible). Biodiversity is the totality of all living organisms such as animals, fish, plants, bacteria, among others and water lands. All these cannot be anchored on one ministry. The Ministry of Green Economy and Environment has the environment and climate to deal with. This is completely different. This is a natural resource where the Ministry of Green Economy and Environment can be anchored. This department in the Ministry of Lands and Natural Resources encompasses what other ministries are doing. There is no harm in that. We are one Government and we can co-ordinate the activities.

I thank you, Madam Speaker.

Hon. UPND Members: Hear, hear!

Mr Katambo (Masaiti): Madam Speaker, when does the hon. Minister think that he is going to achieve the 30 per cent of areas of degraded terrestrial inland and marine water ecosystems to be effective in its restorations?

Mr Muchima: Madam Speaker, this question gives me an opportunity to answer the hon. Member of Parliament who asked when we will have the funds in the country. The funds will be in the country within two weeks then we can now start implementing what we are talking.

Madam Speaker, it is envisaged that the 30 per cent target will be achieved within the 2030 programme.

I thank you, Madam Speaker.

Mr Mutale (Chitambo): Madam Speaker, I am grateful for the opportunity. if I heard the hon. Minister correctly, he said that all participants agreed to raise US$200 billion towards supporting biodiversity and environment activities. As a participant, how much did Zambia pledge?

Mr Muchima: Madam Speaker, there are two categories here; the poor and developed countries. Zambia is at the bottom. I am not able to give that figure at the moment as that will be determined at certain conferences yet to sit.

I thank you, Madam Speaker.

Mr Tayengwa (Kabwata): Madam Speaker, I understand that donors have actually pledged a lot of money for these activities. However, if you look at our marine ecosystem, especially in the Kafue Flats, you will discover that there is an alien fish that has been introduced in our water bodies and it is feeding on our local species, which is tilapia. What measures have been put in place to reverse the destruction being caused to our ecosystem?

Mr Muchima: Madam Speaker, working with our colleagues in other ministries, there are scientists, and with the money being available, I think, we are going to start investigating such cases and refer them to appropriate authorities for action.

I thank you, Madam Speaker.

_______

QUESTIONS FOR ORAL ANSWER

WASHED AWAY BRIDGE ON MWALESHI RIVER

247. Mr Kapyanga (Mpika) asked the Vice-President:

1. whether the Government is aware that the bridge on Mwaleshi River between Chikumbi and Chishala areas in Mukungule Chiefdom in Mpika Parliamentary Constituency was washed away on 21^st March, 2023, thereby making connectivity between the two areas impossible; and
2. if so, what urgent measures are being taken to restore connectivity in the chiefdom.

The Vice-President (Mrs Nalumango): Madam Speaker, the Government is aware that the bridge on Mwaleshi River between Chikumbi and Chishala areas in Mukungule Chiefdom in Mpika Parliamentary Constituency was washed away on 21^st March, 2023, thereby disrupting normal flow of people, goods and services.

Madam Speaker, following the occurrence of the incident, the Mpika District Disaster Management Committee and officers from the local authority conducted an assessment to ascertain the extent of the damage to the bridge. The bridge will require reconstruction as the extent of damage is quite immense.

Madam Speaker, the House may wish to note that Mwaleshi Bridge is earmarked to be constructed under the Acrow Bridge Programme, Lot 3 and a contract was awarded to Buildcon Investment Limited. However, the bridge was not budgeted for in 2023 due to financial constraints.

Madam Speaker, in view of what has happened to the bridge, the Road Development Agency (RDA) regional office and the Disaster Management and Mitigation Unit (DMMU) in Muchinga Province are currently preparing the Bill of Quantities (BoQ) to undertake emergency works using the Force Account in order to restore connectivity.

Furthermore, the House may wish to note that Mpika District Disaster Management Committee engaged the Department of National Parks and Wildlife (DNPW) to allow the public to use an alternative route that passes through the Game Management Area (GMA). Permission has since been granted by the DNPW. The House may further wish to note that the route through the GMA is shorter than the Shiwang’andu route. To ensure the safety of people during movements in the GMA, the DNPW has mobilised game scouts. This is in addition to an already existing alternative route that connects the cut-off point through the Great North Road in Shiwang’andu District of Shiwang’andu Constituency.

Madam Speaker, I thank you.

Madam Speaker: Since this is a constituency-based question, I think we can go quickly through it.

Mr Kampyongo (Shiwang’andu): Madam Speaker, I thank you and appreciate the response the Vice-President has given to the House on this matter.

Indeed, like the Vice-President also stated, this is a crossing point which is not only beneficial to the people Mpika Constituency, but also Shiwang’andu as well the people of Chief Mungungule Umwemfu, who are affected most.

Madam Speaker, I heard the Vice-President say that Disaster Management and Mitigation Unit (DMMU) and the Road Development Agency (RDA) are planning to carry out emergency works using the Force Account. However, this account is usually dry. Is there a possibility, her Honour can use the DMMU emergency funds instead? We are speaking from experience. It will be very difficult to undertake these emergency works using the Force Account of the province. Is there a possibility that her office can consider falling back on the DMMU in order for these works to be done expeditiously?

The Vice-President: Madam Speaker, I thank the hon. Member for that observation.

Madam Speaker, the possibility is always there, but how soon would that be? We are talking of an Acrow bridge. I am sure the hon. Member already knows that Acrow bridges are already constructed and made to fit. I cannot tell exactly where the bridge is; whether it is completely in Mpika or between the two constituencies. I think hon. Members can also sit together and consider using the CDF because it only requires K6 million to construct this bridge. We need K6 million.

Hon. UPND Members: Hear, hear!

The Vice-President: So, we can. When we see the importance, instead of waiting, and we know that there is money, we can use it, especially if the two constituencies can work together.

Hon. Members: Hear, hear!

The Vice-President: It is K6 million that we need to do these works. So, I urge hon. Members to do that. Indeed, there are competing needs, but we need this bridge because it is important. However, we have to think of others who may need food under the DMMU. So, what do we do? We have to start thinking of alternative routes. However, if that is not possible for now, can we think of what we have in our hands so that we can use that to quickly construct. The bridge is available. It just needs to be installed. So, it is just the installation of the bridge that comes to K6 million.

I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Mr Kapyanga: Madam Speaker, I thank the Vice-President for the response. This bridge is completely in Mpika District, which is Mpika Constituency.

Madam Speaker, this bridge requires about K6 million, like she said. We are implementing the Presidential directive to build maternity wings and desks. So, we may not have enough resources to attend to the bridge. Further, the road passing through the game park is a long distance for those that are on foot, especially school going children from Chikumbi to Chishala where the school is.

Madam Speaker, I was comforted when the Vice-President mentioned that the RDA and DMMU are in the process of preparing a Bill of Quantity (BoQ). I was going to ask when the implementation could be done so that we connect the two communities.

The Vice-President: Madam Speaker, I am sure when we connect what we have been saying over this. The hon. Member for Shiwang’andu actually said, Madam, the account for which they are preparing the BoQ is not a very good account. He mentioned that it is normally dry. I hope you get what I am saying here. However, they have to continuously work but only as soon resources are available. That is the answer I did not want to give because hon. Members do not like it. However, if we have resources, even under the DMMU, we can do it, but I was looking at what is available now so that we can do it. Now, the hon. Member has told me that it is purely in Mpika and not in Shiwang’andu. We will continue to see which alternative can come quickly to deal with that. As at now, I cannot make a commitment because I am sure that when we come back, he will say the bridge is not yet done. So, the hon. Member will continue pushing and reminding us as we also put it on books. We are working on that.

I thank you, Madam Speaker.

BENEFITS TO ACCRUE FROM THE PRESIDENT’S TRIP TO QATAR IN MARCH 2023 AND THE CO-HOSTING OF THE SECOND SUMMIT FOR DEMOCRACY

248. Mr Mumba (Kantanshi) asked the Vice-President:

(a)          what benefits will accrue to the country following His Excellency the President’s trip to Doha, Qatar,

             from 5^th to 9^th March, 2023; and

(b)          what the benefits of co-hosting the Second Summit for Democracy to be held from 29^th to 30^th March,

             2023, are.

The Vice-President: Madam Speaker, in response to part (a) of the question, I wish to inform this august House that Mr Hakainde Hichilema President of the Republic of Zambia attended the 5^th United Nations (UN) Conference on Least Developed Countries (LDCs), which was held in Doha, Qatar, from 5^th to 9^th March, 2023, that was held under the theme, “From Potential to Prosperity.”

This UN Conference on LDCs is held once every ten years with the main objective of discussing measures for accelerating sustainable development for the group of the LDCs.

Madam Speaker, the benefits to accrue to the country, as part of the group of LDCs, include:

1. the enhanced solidarity and partnerships from the multilateral and bilateral commitments made through the various international support measures from developed counties and development partners made at the conference for the next ten years through the newly agreed upon Doha Programme of Action. The priorities of the Doha Programme Action which Zambia will benefit from include:

1. investing in people in least developed counties by eradicating poverty and building capacity, to leave no one behind;
2. leveraging the power of science, technology and innovation to fight against multidimensional vulnerabilities and achieve the SDGs;
3. supporting structural transformation as a driver of prosperity;
4. enhancing international trade of least developed countries and regional integration;
5. addressing climate change, environmental degradation, recovering from the Coronavirus Disease (COVID-19) Pandemic and building resilience against shocks for risk informed sustainable development; and
6. mobilising international solidarity, reinvigorated global partnerships and innovative tools and instruments, a march towards sustainable graduation.

Madam Speaker, the total pledges of the conference towards corporation with the LDCs was estimated at US$1.3 billion and are as follows:

1. Qatar announced a financial package of US$60 million;
2. Germany dedicated £200 million in new money in 2023 for financing LDCs;
3. the European Commission announced a €130 million of investment for Africa;
4. the Green Climate Fund new project to give US$80 million equity to offer guarantees to business in LDCs, and bring down the cost of capital; and
5. the UN World Tourism Organisation (UNWTO) announced a new €10 million as a development fund for LDCs.

Madam Speaker, various initiatives and opportunities were announced that will assist LDCs, including Zambia, to speed up development in key sectors such as agriculture, energy, health, education, science, technology and climate change. These were made through various fora, discussed by national leaders, private sector, Parliamentarians, youth, non-state actors, and development partners.

Madam Speaker, under the private sector forum for instance, Microsoft, in partnership with Liquid Telecommunications pledged to strengthen connectivity to twenty million people in the world and specifically, eight million people in the LDCs.

Madam Speaker, in this regard, Zambia also signed on the side-lines of the conference, a Memorandum of Understanding (MoU) between Liquid Telecommunication Zambia and the Ministry of Technology and Science on digital connectivity which will ensure that Zambia becomes a regional hub on fibre projects. It will also ensure connectivity of all secondary schools and health clinics or centres in the country using a mix of fibre, wireless and satellite technologies. This will also allow for digitalisation of the Government services to improve service delivery and transparency to citizens.

Madam Speaker, the United Nations Development Programme (UNDP) and the UN, office of the high representatives for the LDCs, landlocked developing countries and small island developing states indicated that through the ten largest insurance companies, twenty LDCs would be supported to make insurance accessible. Further, the €10 million would be allocated to support sustainable tourism in the LDCs. More resources would be invested in agriculture, climate change, digital connectivity and energy, including development of 200 mini-solar grids projects across Africa.

Madam Speaker, in promoting the food security initiative, the US Development Finance Corporation, which is the United States development finance organisation, which provides loan guarantees, political risk insurance, loan financing, and equity investment informed the meeting that it had broadened its portfolio on food security to US$1.2 billion and was interested in a broader portfolio in Zambia and Malawi.

Madam Speaker, the President also participated in the Earthna Summit where discussions were held for addressing global challenges in addressing food insecurity and promoting the use of indigenous knowledge and heritage that is critical to achieving food security. The benefits to the country include promoting sustainable production of food and nutrition security through enhanced collaboration with Qatar Foundation.

Madam Speaker, the President also held bilateral meetings that will result in enhanced development co-operation, and promotion of good bilateral relations, peace and security in the region and globally, as per discussion with the United Nations Secretary General (UN-SG), Mr Antonio Guterres and also, with other leaders such as King Mswati.

Madam Speaker, another bilateral meeting was held with His Excellency Sheik Mohammed Bin Abdurrahman Al-Thani, the Deputy Prime Minister and Minister of Foreign Affairs of Qatar. They discussed investment opportunities in Zambia in order to encourage job creation. They followed up on Zambia’s debt negotiations under the common framework with the Government of France to galvanise accelerated support for debt restructuring for Zambia.

Madam Speaker, discussions with Mr Khalifa Jassim Al-Kuwari, the (Director General of Qatar Fund for Development were centred on exploring on partnering with the Qatar Fund for Development (QFFD) to extend scholarships to Zambian students and other development co-operation activities in Zambia.

The Zambian Delegation also exhibited at the sidelines of the Conference. The Zambia Development Agency (ZDA) organised an exhibition which focused on the Doha Plan of Action’s priority areas of productive capacity building, private sector development, and education and skills development.

Interruptions

The Vice-President: Madam Speaker, the worst thing is to speak to people who are not listening.

Madam Speaker: Order, hon. Members!

Can we listen. If we do not listen, how will we ask questions later?

The Vice-President: Madam Speaker, Zambia showcased some interventions being undertaken to promote industrialisation, foreign director investment that can contribute to economic transformation and poverty reduction.

Madam Speaker, the exhibition managed by the ZDA recorded a number of investment enquiries for both new and expansion of existing projects estimated at US$3.3 million.

Madam Speaker, these various support measures are critical for advancing development co-operation and economic diplomacy as Zambia looks forward into the immediate future to graduate from the group of the LDCs category.

Madam Speaker, in response to part (b) of the question, I wish to inform the House that Zambia was chosen to co-host the Summit for Democracy because we have demonstrated clear leadership in promoting human rights, ...

Hon. Government Members: Hear, hear!

The Vice-President: ... democratic governance and also, because we are an active member of the Summit’s Focal Group process. We have a range of ongoing work to combat the pervasive forces of public and private corruption in Zambia.

Hon. Government Members: Hear, hear!

The Vice-President: Madam Speaker, the Summit for Democracy is a flagship initiative focused on strengthening democracy and countering authoritarianism, fighting corruption and promoting respect for human rights. The United States of America (USA) is co-host the second Summit for Democracy with the Governments of Costa Rica, the Netherlands, the Republic of Korea and the Republic of Zambia. This is from 29^th March, 2023 to 30^th March, 2023, to underscore the global desire for transparency, accountability, and rights-respecting governance. Like the first Summit for Democracy held in December, 2021, the second Summit for Democracy has brought together leaders from the Government, civil society, media and private sector to demonstrate how democracy is delivered for their citizens and highlight democracy’s resolve to address the world’s most pressing challenges.

Madam Speaker, the objectives of the summit are to:

1. promulgate the Summit for Democracy’s key themes of democracies delivering tangible benefits to citizens, and the need for collective action that responds to the greatest challenges of our time; and
2. showcase progress made by world leaders on commitments made at the first summit and during the year of action. Zambia is hosting twenty-one other African states under the theme, “free, fair and transparent elections as the foundation of democratic governance”, which all of us must be interested in.

Madam Speaker, the focus of discussions at the second Summit for Democracy is country representation on electoral integrity on the African continent, and panel discussions led by eminent persons from the African region based on the following thematic areas:

1. inclusive participation of women – the women should say hear, hear – …

Hon. Government Members: Hear, hear!

The Vice-President: ... youths and persons with disability in electoral processes;

1. freedom of expression: the role of the media and civil society in promoting transparency and credible elections, one day we will say incredible elections;
2. transparency in political party financing; and
3. independence of electoral management bodies and their importance in free, fair and credible elections.

Madam Speaker, the following are the benefits of co-hosting the second Summit for Democracy:

1. the summit draws state and non-state actors of a broad and diverse group of leaders from the Government, media, civil society and the private sector as well as multilateral institutions, so as to promote sharing of best practices from a plethora of these diverse groups, which will enable Zambia and other countries to inculcate best practices to enhance democratic governance;
2. it is also envisaged that Zambia’s reputation on the international scene shall be enhanced, thereby creating opportunities for bilateral and multilateral relations; and
3. the tourism and hospitality industry will also benefit from the delegates, who in fact have already come into the country for the summit, which is about to end.

Madam Speaker, this is something that all of us must be excited about.

I thank you, Madam Speaker.

Hon. Government Members: Hear, hear!

Mr Mumba: Madam Speaker, I am sure you heard from the delivery of the Leader of Government Business, how detailed both events that I had questioned through a point of order are. You guided through your wisdom that I put in an urgent question.

Madam Speaker, I will start with the presidential visits. I know that sometimes presidential visits are questioned. However, all presidential visits are unique in their nature, and we heard the details of the opportunities of such visits. The meeting is held after ten years and, obviously, after the meeting, the Government will start implementing some of the medium to long-term programmes for the benefit of the country. However, if I did not raise the point of order, as Member of Parliament for Kantanshi, regarding the two occasions, would we have known about the important issues that Her Honour the Vice-President raised? Can the Government come out clearly because the points that she has raised are important and beneficial to the country if implemented.

The Vice-President: Madam Speaker, I thank the hon. Member of Parliament for Kantanshi and I truly appreciate. The question he asked gave us an opportunity to provide more information. However, I agree with the second part of the question, and we will endeavour to be proactive. Truly, people can think that the President goes to dance, sing or play. So, I agree with the hon. Member that we have to be proactive and give people information. It is good for us to give information to the country, and we will continue being proactive.

I thank you, Madam Speaker.

Hon. Government Members: Hear, hear!

Madam Speaker: Hon. Members, Her Honour the Vice-President has another urgent issue to attend to. I am sure you can get the statement and read it. I do not know when we can interrogate it, but because of time, it is not possible to ask many follow-up questions. The statement was detailed and hon. Members will get copies. However, we will find time to interrogate the statement.

Hon. Government Members: Hear, hear!

Mr Mundubile (Mporokoso): Madam Speaker, now that Standing Orders have been suspended for tomorrow, for the comfort of the hon. Members, can this session be tackled tomorrow? It is important that hon. Members are given an opportunity to ask questions.

Madam Speaker: Thank you very much for that suggestion, but tomorrow will be another busy day. We are expecting the Vice-President of the United States of America (USA) and Her Honour the Vice-President will be the one to receive her. So, I cannot commit to that suggestion. I am asking for the indulgence of the hon. Members. We have a situation where one person cannot be in two places at the same time.

So, hon. Members, I beg your indulgence.

Hon. Government Members: Hear, hear!

Madam Speaker: We can excuse Her Honour the Vice-President to go and attend to other issues.

_______

BILLS

THE HUMAN RIGHTS COMMISSION BILL, 2023

The Minister of Justice (Mr Haimbe): Madam Speaker, I beg to present a Bill entitled the Human Rights Commission Bill, 2023. The objects of the Bill are to:

1. provide for the membership, functions, operations and financial management of the Human Rights Commission;
2. repeal and replace the Human Rights Commission Act, 1996; and
3. provide for matters connected with, or incidental to, the foregoing.

I thank you, Madam Speaker.

Madam Speaker: The Bill stands referred to the Committee on Legal Affairs, Human Rights and Governance. The Committee is required to submit its report on the Bill to the House in due course. Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

THE ZAMBIA INSTITUTE OF VALUATION SURVEYORS BILL, 2023

The Minister of Fisheries and Livestock (Mr Chikote) (on behalf of the Minister of Infrastructure, Housing and Urban Development (Eng. Milupi)): Madam Speaker, I beg to present a Bill entitled the Zambia Institute of Valuation Surveyors Bill, 2023. The objects of the Bill are to:

1. provide for the registration of valuation surveyors and regulate their practice and professional conduct;
2. continue the existence of the Valuation Surveyors Registration Board and rename it as the Zambia Institute of Valuation Surveyors and redefine its functions;
3. repeal and replace the Valuation Surveyors Act, 1979; and
4. provide for matters connected with, or incidental to, the foregoing.

I thank you, Madam Speaker.

Madam Speaker: The Bill stands referred to the Committee on Transport, Works and supply. The Committee is required to submit its report on the Bill to the House in due course. Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

_______

MOTION

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE PRESIDENTIAL APPOINTMENT OF THE FOLLOWING NOMINEES TO THE HIGH COURT OF ZAMBIA: HON GREENWELL MALUMANI, HON OBBISTAR MUSUKWA, HON VINCENT SILILO SILOKA, MRS ANN-MARY KACHENGA MALATA-ONONUJU, MR ENIAS CHULU, MRS MWAKA SAMUNDENGU NGOMA, MR GEOFFREY CHILUFYA MULENGA, MS MBILE MUWINDWA WINA, MR LASTONE MWANABO, MR IAN MWANAJITI MABOROBORO AND MS CHOCHO TO SERVE AS JUDGES OF THE HIGH COURT FOR THE SECOND SESSION OF THE THIRTEENTH NATIONAL ASSEMBLY

Dr Kalila (Lukulu East): Madam Speaker, I beg to move that this House adopts the Report of the Parliamentary Select Committee appointed to scrutinise the Presidential appointment of the following nominees to the High Court of Zambia: Hon Greenwell Malumani, Hon Obbistar Musukwa, Hon Vincent Sililo Siloka, Mrs Ann-Mary Kachenga Malata-Ononuju, Mr Enias Chulu, Mrs Mwaka Samundengu Ngoma, Mr Geoffrey Chilufya Mulenga, Ms Mbile Muwindwa Wina, Mr Lastone Mwanabo, Mr Ian Mwanajiti Mabolobolo, …

Laughter

Hon. Members: Boroboro not bolobolo.

Madam Speaker: Order!

Dr Kalila: Madam Speaker, I have been corrected that, in fact, it is Maboroboro.

Laughter

Madam Speaker: I might make a similar mistake. What is the name again?

Laughter

Dr Kalila: Madam Speaker, the name is Mr Ian Mwanajiti Maboroboro.

Hon. Members: Hear, hear!

Mr Samakayi interjected.

Madam Speaker: Hon. Member for Mwinilunga, what is the point of order I thought you were a member of the Committee.

Mr Samakayi indicated dissent.

Laughter

Madam Speaker: Order!

May the hon. Member for Lukulu East, continue.

Dr Kalila: Madam Speaker, I was just about to complete the list. So, lastly, Ms Situmbeko Chocho, to serve as Judges of the High Court, laid on the Table of the House on Wednesday, 29^th March, 2023.

Madam Speaker: Is the Motion seconded?

Ms Mabonga (Mfuwe): Madam Speaker, I beg to second the Motion.

Dr Kalila: Madam Speaker, the appointment of the nominees is made pursuant to Article 140 of the Constitution of Zambia, Cap 1 of the Laws of Zambia, that provides for the Republican President, on the recommendation of the Judicial Service Commission, to appoint judges subject to ratification by the National Assembly.

Madam Speaker, the Committee appreciates the pivotal role that the judiciary plays in the dispensation of justice, ensuring good governance and upholding the rule of law in the country. In this regard, the Committee resolved that only competent persons with requisite qualifications, integrity, diligence, eminence, sound character and, above all, committed to the promotion and upholding of the rule of law should be appointed to serve as judges.

Madam, your Committee notes with satisfaction that all state security agencies had no adverse reports against the nominees. Further, most of the witnesses submitted that the nominees possessed the requisite qualifications and experience for appointment as Judges of the High Court. In that regard, all of them supported their appointments.

Madam Speaker, your Committee, further, observes that the appointing authority has, to a large extent, complied with the requirements regarding regional diversity. It also notes that the appointing authority had regard for the diversity of expertise of the nominees. Your Committee, therefore, commends the appointing authority for adhering to the Constitutional requirement on regional diversity. However, one witness raised concern about one of the nominees, and the Committee, therefore, made the following observations on that nominee:

Hon. Greenwell Malumani

Madam Speaker, on Hon Greenwell Malumani, your Committee notes that one stakeholder, out of the eleven that appeared, indicated that there were two complaints against that nominee relating to alleged abuse of authority and corruption. However, the same witness recommended that the nominee should be ratified because the nature of the complaint could not preclude him from being appointed. Further, the Judicial Service Commission cleared the nominee of the alleged abuse of authority and supported his appointment while the Anti-Corruption Commission (ACC) stated that the institution had no adverse record against the nominee.

Madam, in view of the foregoing, your Committee recommends that this August House ratifies all the Presidential appointments of the nominees, namely Hon Greenwell Malumani, Hon Obbistar Musukwa, Hon Vincent Sililo Siloka, Mrs Ann-Mary Kachenga Malata-Ononuju, Mr Enias Chulu, Mrs Mwaka Samundengu Ngoma, Mr Geoffrey Chilufya Mulenga, Ms Mbile Muwindwa Wina, Mr Lastone Mwanabo, Mr Ian Mwanajiti Maboroboro and Ms Situmbeko Chocho, to serve as Judges of the High Court.

Madam Speaker, finally, your Committee wishes to express its gratitude to you and the Office of the Clerk of the National Assembly for the advice and services that it rendered to it during these deliberations. Your Committee further thanks all the witnesses who appeared before it for their valuable submissions which assisted it to arrive at these recommendations which we have brought to this House.

 

Madam Speaker, it is now my pleasure to call upon all hon. Members of this august House to ratify the appointments that we have brought before it.

Madam Speaker, I thank you.

Madam Speaker: Does the seconder wish to speak now or later?

Ms Mabonga: Now, Madam.

Hon. Members: Hear, hear!

Ms Mabonga: Madam Speaker, I thank you most sincerely for according me this opportunity to second this Motion. I also thank the mover for competently moving the Motion. The mover has sufficiently covered most of the notable points upon which your Committee supports the ratification of Hon. Greenwell Malumani, Hon. Obbistar Musukwa, Hon. Vincent Sililo Siloka, Mrs Ann-Mary Kachenga Malata-Ononuju, Mr Enias Chulu, Mrs Mwaka Samundengu Ngoma, Mr Geoffrey Chilufya Mulenga, Ms Mbile Muwindwa Wina, Mr Lastone Mwanabo, Mr Ian Mwanajiti Mabbolobbolo and Ms Situmbeko Chocho, to serve as Judges of the High Court.

Madam Speaker, in seconding the Motion, I wish to reiterate your Committee’s observation that the appointments were of persons who were academically and professionally qualified with experience from both the public and private sector.

Madam Speaker, your Committee notes that Article 259 of the Constitution requires a person making an appointment to a public office to where possible, ensure representation of the youth and persons with disabilities and 50 per cent of each gender. With regards to youth representation and persons with disabilities, your Committee notes that this has not been adhered to. Your Committee therefore, urges the appointing authority to take this into consideration in future appointments.

Madam Speaker, as I conclude, allow me to extend my gratitude to the chairperson of your Committee for the adept, impartial and just manner in which he presided over the meetings and deliberations of your Committee. May I also extend my sincere gratitude to all Committee members.

With these few remarks, I beg to second the Motion.

Madam Speaker: I have a list from the Patriotic Front (PF), but I do not have the list from the Independent hon. Members. I have a list from my right as well.

Mr Mtayachalo (Chama North): Madam Speaker, thank you for according me this opportunity to debate this report. First and foremost, I want to take this opportunity to thank Dr Kalila, the chairperson of Select Committee and the seconder, the hon. Member of Parliament for Mfuwe.

Madam Speaker, this is a very import report in the sense that it touches on the most important arm of the Government; the Judiciary. It is unfortunate that yesterday, we were not accorded enough time to widely debate the report which was presented to this august House in relation to the appointment of the Court of Appeals and Constitutional Court judges.

Madam Speaker, I want to take this opportunity to state that the Judiciary is the cornerstone for the growth of a democratic dispensation. It is important that when names of nominees are brought to this august House for scrutiny, we put aside our political affiliations and ensure that we scrutinise them without fear or favour. Political parties come and go, but the Judiciary should stand the test of time. That is why it is very important that as we ratify appointments to this very important arm of the Government, we ensure that the men and women whose appointments we are ratifying are of higher integrity. Otherwise, if we overlook that, then we are killing this nation. So, it is very important to take that aspect into account without fear or favour.

Madam Speaker, I have gone through the report and I have seen that all the security wings have cleared these particular individuals. I have no doubt that they have the relevant qualifications. However, I am particularly, concerned about the report from the Judicial Complaints Commission, which indicating two complaints against this particular nominee.

Madam Speaker, the Constitution says that a person qualifies for appointment as a judge if he/she is of proven integrity. If we have doubts about certain nominees, then we have a problem. I feel this country has abundance wealth of lawyers who are dedicated in the legal fraternity with abundance work experience. I feel that only people whom we have no doubts about should be appointed as Judges of the Supreme Court, the High Court, the Court of Appeals and the Constitutional Court. So, on this particular one, I have a problem. It is surprising that the JCC, which highlighted this adverse report decided to recommend this nominee for appointment as a judge.

Madam Speaker, furthermore, Article 259 (2) of the Constitution clearly states that a person who is empowered to make appoints should be able to take into account regional diversity of the people of Zambia. I am a staunch disciple of Dr Kenneth Kaunda. Dr Kenneth Kaunda mange to unite this country under the One Zambia One Nation motto. Therefore, there is nowhere in this country where there are no qualified lawyers and accountants. So, I feel it is important that as we are making these appointments, they must be done in a more transparent manner.

Madam Speaker, I have not heard what the Judicial Service Commission submitted; whether these appointments were done in a very transparent manner. We should allow the Judicial Service Commission to advertise these positions so that Zambians, regardless of where they come from, can apply for these jobs. That is the only way we are going to promote fairness in these appointments.

Madam Speaker, I am also alive to the fact that we have many judicial officers at the magistrates level and the High Court level who have provided distinguished service to this nation. However, most of them are not being considered. We have High Court Judges who have been dispensing justice in this country without any doubt. Unfortunately, most of those judges are not being promoted to serve at the Appeals Court, the Constitutional Court or the Supreme Court. So, it is important that the issue of tribal balancing, specifically, –

Madam Speaker: Order!

Business was suspended from 1640 hours until 1700 hours.

[MADAM SPEAKER in the Chair]

Mr Mtayachalo: Madam Speaker, before business was suspended, I was almost concluding, and was talking about transparency; that we need to promote transparency in the way we appoint Judges so that every Zambian has equal opportunity to compete for these jobs.

Madam Speaker, I am happy that the JSC has taken measures to monitor the output of these Judges so that they do not delay cases. I have seen that many Zambians have suffered, especially workers who have been dismissed unfairly, because cases take seven years to be concluded, and most of them would have died by then. So, it is my appeal that, that be looked into seriously.

Madam Speaker, in conclusion, I say that I reluctantly support the ratification of these Judges because their appointment has not fully met the requirements of Article 259(2) of the Constitution of Zambia, on appointments reflecting the regional diversity of the people of Zambia.

Madam Speaker, I thank you.

Amb. Kalimi (Malole): Madam Speaker, thank you very much for allowing the good people of Malole to contribute to debate on this important Motion. Outrightly, I thank the chairperson, Hon. Dr Kalila, his deputy and his team for the wonderful job they did on this Committee.

Madam Speaker, my concern is over people with disabilities. I do not know why we, as a Government and a country, do not consider those people, and I do not know when we are going to do so, so that they also contribute to the development of this country. In appointing Judges, we must ensure that anyone who serves as a Judge is fair-minded, independent, rational, reasonable and has a good knowledge of the law, and I think that three-quarters of the nominees meet that prerequisite. I must state that I know some of the Judges. For example, Hon. Vincent Sililo Siloka is a scholar, a teacher who, I think, taught even some of the hon. Members of Parliament here. He is very outstanding, as a civil servant, and I must state that his appointment is long overdue. He should have reached the level of Constitutional Court Judge. So, I commend the appointing authority because this is a fair appointment. I also commend the Committee for recommending these kinds of people. To me, a Judge should be impartial and follow the laws of the country.

Madam Speaker, the role of a Judge is to serve the community in a pivoted role and make sure that we administer justice in a proper way. There are many people who are lacking in this area. Zambians lack for justice, and I urge those who are being appointed today to definitely rise above the law, tribe and nationality, and definitely defend the people of Zambia, who are longing for a fair dispensation of justice.

Madam Speaker, people are rotting away in prisons because their cases take too long before judgments are passed. So, I appeal to the people who have been appointed as Judges to speed up such cases. It is not a good thing to be in cells or prison for a long time, and justice delayed is justice denied.

Madam Speaker, I 100 per cent second the appointment of these Judges.

Madam Speaker, I thank you.

Mr Samakayi (Mwinilunga): Madam Speaker, thank you very much for giving me an opportunity to add the voice of the people of Mwinilunga to the debate on the appointment of the eleven Judges to our High Court Bench.

Madam Speaker, I have been threatened …

Hon. Opposition Member: By who?

Mr Samakayi: … that if I go through the names of the Judges, I am likely to mispronounce one name, in which case the hon. Minister of Justice might just use the arsenal that was left by Hon. Kampyongo on me.

Laughter

Mr Samakayi: Madam Speaker, I note that the legal procedures and provisions have been observed. I also note that you appointed among us a very competent team to help us to scrutinise the nominees. In addition to that, eminent persons from the legal fraternity helped our hon. Colleagues to scrutinise the names of the people who have been appointed. Going through the report, I note that the nominees were benchmarked against academic and professional qualifications, skills, competencies, experience, and gender and ethnic balance. I think, this appointment has been found unblemished on all the criteria that I have mentioned. We, the politicians just like talking. Otherwise, we should not even have spent time discussing this issue.

Madam Speaker, on the issue of doubts that one of my hon. Colleagues on the left has mentioned, I think it has been qualified that there should not be doubts because the complaint that has been labelled against one of the nominees does not hold water.

Madam Speaker, the other issue that has been raised by hon. Colleagues on the left, is that of transparency. I think that these nominees have gone through all the stages that are provided for legally. Therefore, the issue of transparency in the appointment of these nominees should not arise.

Madam Speaker, on the issue of ethnic groupings, I think sometimes we are deceived by names. The nominees that we have are actually representatives of all the regions in this country. If you go through this list, you may think that maybe, there is no one from the Central Province or the North-Western Province. However, that is not correct. My assessment, looking at these names, is that the entire nation has been covered in these appointments. I think we have moved to another level, where positions are not given to only two or three regions. We have reached a stage where positions are given to all provinces. It is One Zambia, One Nation, more than ever before.

Hon. Government Members: Correct!

Mr Samakayi: I think that should be taken note of. In the New Dawn Government, there is nothing like this province should not benefit. All provinces are benefiting.

Interruptions

Mr Samakayi:  I am standing and standing very tall, my hon. Colleague.

Hon. Government Members: Hear, hear!

Mr Samakayi: Many people like my height, anyway.

Madam Speaker, development is not about roads. Development is not about infrastructure. There are softer issues that we need to look at, and governance is the heart of development. Therefore, by appointing judges, we are adding fuel to the issue of development because governance is very, very important.

Madam Speaker, the legal system is an integral part of good governance. There is a complaint about pending cases. Dispensing justice has been a problem in this country, but people must also realise that on the establishment of our judicial system, there have been unfilled positions. You wonder why the previous Government was not appointing people to these positions. The New Dawn Government is ensuring that these positions are filled so that justice can be dispensed and dispensed in time.

Madam Speaker, I support these appointments so that we can improve our governance system in order to develop our country at a faster rate.

I thank you, Madam Speaker.

Hon. Government Members: Hear, hear!

Mr Chilangwa (Kawambwa): Madam Speaker, I thank you for giving me this opportunity to add my voice to this very important debate.

Madam Speaker, –

Interruptions

Madam Speaker: Let us listen to the debate, hon. Members.

Mr Chilangwa: Madam Speaker, the Judiciary is one of the three arms of the Government. As we delve into issues of appointment of judges, all the tenets and the provisions of our Constitution must be met.

Madam Speaker, if you look around this House – When the President had the opportunity to ensure that the number of women represented here goes up, through the eight nominations which he had to make, it did not happen. There was another opportunity here for the President of the Republic of Zambia to appoint more women judges. Unfortunately, it did not happen.

Hon. Government Members: Question!

Mr Chilangwa: For you, it happened?

Madam Speaker, the report of the Committee headed by one Hon. Dr Kalila, a very seasoned parliamentarian, a man of very good attributes, who in my thinking, is coming back very soon as the hon. Minister of Health, –

Hon. Opposition Members: Hear, hear!

Madam Speaker: Order, hon. Member!

Let us debate the Motion and not the personalities.

Mr Chilangwa: Madam Speaker, the composition of the members of the Committee is in this report, and his name is there. So, I am debating the report. As one of the earlier debaters said that there is no single person with a disability who has been considered. When the Government was nominating people to come to this House, no one with a disability was nominated. We are supposed to be inclusive. Unfortunately, we are not being inclusive. Therefore, from the onset, I want to state that I will not support these appointments.

Interruptions

Mr Chilangwa: Madam Speaker, on page 6 of the report, the Judicial Complaints Commission (JCC) talked about one Hon. Greenwell Malumani, that he has issues. The JCC stated that even at the time of compilation of this report, he was recommended for a reprimand. That is what the report says. However, that reprimand was not delivered. There was no reprimand. So, somebody glossed over it and ignored it. Why was it not done? That is the question. Why was this reprimand not done? Why was he not excluded from the list? There are so many other Zambians who qualify to take up this position. Is it a question of no matter what, a person who is nominated must go all the way through? The answer is no. These are the challenges I am talking about. This is one of the reasons I, Nickson Chilangwa, will not support these particular nominations.

Hon. Government Members: It is okay!

Mr Chilangwa: Yes, it is okay and we will vote.

Madam Speaker, we are very grateful today because we have been given an opportunity to deal with this matter and debate it, unlike what happened yesterday. Unfortunately, we were very sad yesterday. However, we are here today and good things must be upheld. I am very glad that this has happened today.

Madam Speaker, in future, when these reports are given to us, we request that we have the biodata for nominees so that we look through these things. We need to make sure that there is no room whatsoever, for speculation about what my hon. Member of Parliament for Mwinilunga talked about, that these nominees are representatives of the entire country and so on and so forth. Biodata will give us that information.

Madam Speaker, there is a requirement that there must be letters for nominees and the letters must be on his file from or to the Judicial Service Commission (JSC). Are those letters on their files? Did these nominees apply for these positions? Are we sure they did? Is it that maybe, some were just picked along the way and told “Today, you are going to be a judge”? These are small things that we must look at.

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

Madam Speaker: A point of order is raised.

Mr Chilangwa: His time will come. He is just wasting my time.

Madam Speaker: There is a point of order.

Mr Haimbe: Madam Speaker, I rise on Standing Order No. 65, which demands factuality in the content of arguments.

Madam Speaker, the hon. Member who is debating on the Floor of the House has made serious allegations that are not supported in the law by claiming that there are some things that should be on the files of the nominees and those things should be availed to this House.

Madam Speaker, there is no provision in the law that supports the suggestion by the hon. Member. He is, therefore, misleading this House and the nation at large.

Madam Speaker, is he in order?

Madam Speaker: Thank you very much for this point of order. In fact, if the hon. Member for Kawambwa had taken time to read the report, he would have found that the bio-data of all the nominees is attached to this report. So, clearly, the hon. Member did not read the report.

Hon. Members, please, let us be factual when debating. Also, let us make use of the Research Department. When the nominees are presented, all the documents are brought, and it is up to hon. Members to request for the documents. So, the hon. Member for Kawambwa was out of order when he stated that the bio-data was not made available.

Mr Chilangwa: Madam Speaker, I was asking a question and, when one is asking a question, one is not stating anything.

Madam Speaker, the independence of the Judiciary is key. The final recourse in whatever we in the Legislature and the Executive do in our day-to-day lives rests in the Judiciary. It is, therefore, imperative that as the President or the powers that be make nominations, the nominations be above board because, at the end of the day, we must go to the Judiciary at some stage for settlement of cases.

Madam Speaker, as we are sitting here, there is a so-called conference going on across the road. A real democracy is judged by the independence of its Judiciary. Therefore, when officers are nominated for the Judiciary, there must be no room for reproach or questions; the nominees must be above board. I, therefore, say what I stated earlier; that due to all the inadequacies in the appointments or the nominees, I am not able to support this Motion until such a time that new names are brought here ...

Laughter

Mr Chilangwa: ... that we are all going to agree to. The new names must represent all the regions and both genders, and show that the marginalised groups are also included. If that does not happen, even the new names that our colleagues want to bring here are going to be objected to by me.

Madam Speaker, I object.

I thank you, Madam Speaker.

Hon.PF Members: Hear, hear!

Mrs Chonya (Kafue): Madam Speaker, it feels good to take over from my hon. Colleague from Kawambwa who has chosen to not support the report, yet I do. I only agree with him on one point, which I will talk about.

Madam Speaker, I commend your Committee for a job well done and for supporting the nomination of these able men and women of honour.

Madam Speaker, I think, this House is here to just execute its procedural mandate of ratifying the nominees, because the competent authorities that were given the task of scrutinising the nominees have told us that all the nominees are suited for the position of Judge of the High Court. I have read the report, and I am citing the Law Association of Zambia (LAZ) section, which states something in support but, in the conclusion, the Chairperson of LAZ submits that his organisation was not aware of any adverse reports on any of the nominees. So, when the hon. Member of Kawambwa talks about the appointment of Hon. Malumani not being in order, I wonder what he means. Indeed, he demonstrated that he did not read the report. Otherwise, he would not have said that. I also looked at the section on the submissions by the Judicial Service Commission (JSC) which, indeed, raised one or two issues. However, in the final analysis, it still supported the specific nomination of the candidate because whatever the issues were, they were not material enough to deter the appointing authority from going ahead in the manner he did.

Madam Speaker, what I am going to acknowledge is the issue of inclusion of all interest groups like the people with disabilities and women because, indeed, this is in accordance with Constitutional provisions, and it is only right that we adhere to that. I note that of the eleven nominees, only four are women, and this is already a red flag for some of us who are gender champions because we want to see balance attained everywhere. I have had the opportunity to interact with the Judiciary not too long ago, and it was pleasant to note that, so far, that is the only wing of Government that is doing very well in terms of gender representation. When you compare the Judiciary to the Executive and us, the Legislature, you will find out that the Judiciary beats the other two and, I think, the two other wings will do well to emulate what the Judiciary is trying to do, as well as help it to maintain its gender balance, because these kinds of appointments may start distorting the parity that they want to maintain in that wing of Government. I thought I needed to say that.

Overall, Madam Speaker, I also join those who support these appointments because we do have here, according to what we have been told, people who are well qualified for the jobs. I also echo the debate of my colleague who has left the room, in support of people like Hon. Vincent Siloka. Indeed, these are people who have had illustrious careers in the Judiciary, and we have no basis for not supporting such a report as this one.

I thank you, Madam Speaker.

Madam Speaker: Hon. Independent Members, your representative is not in the House. So, who is debating on your behalf? If there is nobody, then, we can move on.

Hon. Members: They are not ready.

Madam Speaker: It appears that it is okay with you. So, we can go to the next debater on my left, although some of them are not here.

I call on the hon. Member for Chama South.

Mr Mung’andu (Chama South): Madam Speaker, let me begin by stating that I am in support of these appointments.

Hon. UPND Members: Hear, hear!

Mr Mung’andu: My colleagues there are saying, “hear, hear”. They want me to oppose, but to the contrary, I am in support.

Mr Mutelo: Chilangwa is listening.

Mr Mung’andu: This is what it means when people have gotten power. They have to appoint the people that they know can work with them and deliver for the nation. This is what His Excellency the President, Mr Hakainde Hichilema, has done.

Interruptions

Mr Mung’andu: Madam Speaker, this is also a lesson to all the technocrats that when the Government changes, it is not only politicians who will leave, but technocrats as well. They will also leave.

Mr Samakayi: Question!

Mr Mung’andu: It is a bitter truth. This is particularly true with positions that have to do with presidential appointments. It is just a normal thing.

Mr Samakayi: Question!

Mr Mung’andu: It is no wonder that technocrats who are appointed by the President should always ensure that the Government delivers because if it does not, when the Government leaves, they will also leave.

Laughter

Mr Mung’andu: Madam Speaker, this outcry of regional appointments and what and what is coming from this fact. Let us be very factual and historical. Let us look at our previous appointments.

Hon. UPND Members: Yes!

Mr Mung’andu: Were they not also regional?

Hon. UPND Members: Hear, hear!

Hon. Member: You are from the East!

Mr Mung’andu: Unfortunately, Madam Speaker, we have a Government that was in the Opposition for more than twenty years. Do you not expect it to reward those who suffered with it?

Hon. UPND Members: Question!

Mr Mung’andu: It is a fact. If the Government does not reward the people who suffered with it, they will rise against it.

Laughter

Mr Mung’andu: I can assure them that. These are the facts that we tend to run away from, as politicians. Even me, if one day I became a President, I would first look at those that supported me when I was in the struggle.

Hon. UPND Member: Look at Chilangwa!

Mr Mung’andu: This is what is happening.

Madam Speaker, coming to these nominees, we have level headed people, like His Lordship Mr Lastone Mwanabo. I personally know him. He is my colleague; very sober minded man. All I can appeal to them is that, please, they are the arm of hope for our democracy, and not only our democracy, but also our Constitution. If we differ, which we do almost on a daily basis, we run to them for justice. We expect them to be above board. Let us not follow political allegiance when it comes to dispensation of justice. I believe that these nominees that we are about to ratify are able men and women.

Madam Speaker, let me congratulate the nominees because after this debate, they will be High Court judges. Even if we object, hon. Colleagues, Hon. Haimbe, SC., has the numbers there. This is the beauty about our democracy. When power is being given to you, numbers are also given to you. However, let us not abuse those numbers. That is very important.

Madam Speaker, on the issue of diversity, I know, for me, it is too early, so I will forgive them. They just won and it is time for them to reward those, as I said, who worked for them. However, they should try to balance in other institutions because it is something that will be good for them. How else will we be attracted to them?

Interruptions

Mr Mung’andu: Madam Speaker, how will we be attracted to them if we are not seeing them balancing? I can assure you, if you look at the demographics of our country, we have intermarried. I have family in the Southern and Western provinces.

Hon. Member interjected.

Laughter

Mr Mung’andu: By nature, like you, we are hon. Minister.

Madam Speaker, we have families everywhere and should we not balance, we might just be injuring our nephews and nieces. Not nieces in the manner that the hon. Minister for Home Affairs and Internal Security understands. I mean genuine nieces.

Laughter

Mr Mung’andu: So, it is very important, Madam Speaker, that, at certain levels, let us try by all means to create “One Zambia, One nation”. By so doing, I can assure you, it is for our interest that the Government that comes into power delivers for the people. At the moment, we have the United Party for National Development (UPND) Government and it is our wish that it delivers for the good of our people. It will be for the good of all of us.

Therefore, Madam Speaker, as I conclude, these are all able men and women, just as yesterday, we were ratifying Madam Margret Munalula; she is a very eminent scholar, for those of you who have been through the University of Zambia, and well qualified. We know that women need to be given a push, but let them demonstrate their abilities to deliver like what these others are demonstrating.

So, Madam, I have no reason to object, but appeal to technocrats to be above board. If they are not, even after being appointed by us, politicians, they must remain professional. I can assure them that even if there will be a change of Government, they will still be in the offices, but the moment they start dancing to the tune or political aspirations of us, politicians, then, they are candidates for victimisation after the change of Government. That is not good for our country.

Madam Speaker, with those few remarks, I wish to support the appointments and, probably, we proceed to another item.

I submit, Madam Speaker.

Thank you, Madam.

Hon. UPND Members: Hear, hear!

Madam Speaker: Actually, that is what I am looking at because looking at time, we have only one more hour and we are running out of time.

Sincere apologies to the hon. Members who have indicated their desire to debate, but we can only accommodate so many. So, I will ask the hon. Minister of Justice to respond.

The Minister of Justice (Mr Haimbe): Madam Speaker, thank you for availing me the opportunity, on behalf of the appointing authority, to debate the Motion on the Floor of the House relating to the appointment and possible ratification of High Court Judges.

Madam Speaker, I believe the starting point, as was already laid out during yesterday’s debate, is whether or not the particular nominees that have been put forward, eleven in number in total, meet the constitutional requirement for appointment into the roles that they now seek to be appointed into.

Without question, Madam Speaker, as all of those who have contributed on the Floor of the House, they meet the requirements of law. That should be the first and only consideration.

I wish to take this opportunity, Madam Speaker, to thank your Select Committee, as represented by the Chairperson, the hon. Member for Lukulu East, and the seconder of the Motion, the Vice-Chairperson of the Committee, the hon. Member for Mfuwe, for a job extremely well done and for recommending the ratification of these individuals.

Madam Speaker, having had the benefit of serving the legal profession for in excess of twenty-two years myself, I know these individuals to a very large degree and I can vouch, on behalf of the appointing authority, that contrary to the assertion by the hon. Member for Chama South, who suggested that these individuals may have been appointed for purposes of being rewarded or because we have now formed the Ruling Party after twenty years and all manner of subjective consideration, the reality of the matter, and as the nation at large watches this debate, is that each of these nominees is deserved on account of merit and nothing else. So, the suggestion, to the contrary, by my hon. Colleague is not factual and should not be a basis upon which this honourable House should not ratify these particular individuals.

Madam Speaker, moving on, it has been suggested that Article 259 of the Constitution has not been complied with for various reasons. However, the appointing authority looks at the Judiciary holistically. Whilst two Select Committees were constituted, through your wisdom, to make a determination on the question of the ratification of the nominees, the reality of the matter is that the nominations were put forward as one collective. Further, when you look at the nominees who were ratified yesterday and the ones we are debating today for the High Court, you will see that the national character of Zambia is properly and equitably reflected. It is disingenuous to suggest that one only looks at the nominees for High Court Judges alone when looking at this important question. Yes, for the sake of the Parliamentary ratification process, the nominations may have been separated, but the reality of the matter is that the institution was looked at holistically and all the nominees meet the requirements of Article 259 when taken as a collective. The appointing authority, in short, was very wise in arriving at the decisions he made.

 Madam Speaker, the number of women represented in the totality of the group of people nominated is more than sufficient to meet the requirements of Article 259. You will also see from the bio-data that like you have guided already, the nominated individuals reflect the whole of Zambia. We, the New Dawn Government and appointing authority, are well aware of the division that failure to follow the ‘One Zambia One Nation’ principle can bring, and the appointing authority was alive to that when making these nominations. One only has to look at the names and bio-data to see that, that requirement of the Constitution has been met.

Madam Speaker, it was also suggested that, perhaps, no sufficient consideration was given to the men and women who were already serving in the Judiciary in arriving at these nominations. Again, that could not be further from the truth. One, again, only has to look at list in its totality to see that hon. Members who have served on the bench have been elevated to positions at various levels in the hierarchy of the Judiciary system, for example, Madam Justice Abha Nayar Patel, SC.; Madam Justice Kawimbe; Mr Justice Mulife; Madam Justice Chembe, who wwere ratified yesterday. Today, we are debating Mr Justice Malumani, Mr Justice Musukwa and Mr Justice  Vincent Sililo Siloka, if I am not mistaken. All these have risen through the ranks and have been nominated for appointment. Again, the people of Zambia have been misled by the argument that suggests that the appointing authority did not look at this important matter.

Madam Speaker, in short, I would say that the arguments that have been put forward against the ratification of the nominated individuals, as I have elaborated, do not warrant the refusal of this hon. House to ratify the nominations.

Madam Speaker, it was suggested, with respect to Hon. Malumani, in particular, that his nomination be not graced by ratification of this hon. House, again, on the basis of an allegation. At the risk of being repetitive, I want to say that an allegation is not a fact. Today, if I were to allege that any of the hon. Members in this House has committed whatever heinous offence, that cannot be the basis upon which those hon. Members can be denied opportunities that are available to citizens because that would be a mere allegation until proven otherwise by a body of competent jurisdiction. What I would have expected is someone bringing forth a report, a judgment or a decision of one sort or another from a judicial or even a quasi-judicial institution confirming that some individual has been found culpable. Alas! There is no such document before this hon. House. What basis, therefore, is there for this nominee to be denied the right that every citizen is entitled to; the right to participate in opportunities that avail themselves?

Madam Speaker, moving on, it has been suggested on the Floor of this House that there is a recruitment process that ought to be followed in the appointment of Judges. However, the procedure that is being used by the New Dawn Government has been there from time immemorial. So, it is, again, disingenuous to suggest that the practice, which has worked well for the purposes for which it was set, should be set aside and that we should adopt another practice. The law does not even require that. The nominated individuals, I repeat, were chosen on merit as citizens of this country deserving such consideration.

Madam Speaker, I would have loved to go into debating each of the outstanding Zambian citizens and say why they should be ratified. Alas! Time does not afford me that opportunity. Therefore, I will submit that, as a collective, these individuals stand head and shoulders above many of us in the legal fraternity and that, for this reason, they must be elevated to the role of High Court Judge for which this hon. House is now sitting to consider them. In short, I submit that the individuals are worthy of ratification, and we submit that the report of your Select Committee be supported by your hon. Members.

Before I resume my seat, Madam Speaker, I would also mention that looking at the institution holistically, there seems to have been a trend, and we must address this, of previous appointments being confined to people from particular regions. The current appointments, if they seem to show a good number of appointments from previously unconsidered regions, it means that the institution is now being balanced.

Hon. UPND Members: Hear, hear!

Mr Haimbe: So, contrary to the practice in the past, we are doing exactly what is expected when we follow the principle of ‘One Zambia One Nation’, which is about balancing institutions that may not have been balanced in previous appointments.

Madam Speaker, Article 259 of the Constitution is being followed to the letter by the appointing authority. For that reason, I submit that the nominees be ratified.

I thank you, Madam Speaker.

Hon. UPND Members: Hear, hear!

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

Madam Speaker: Before I call upon the mover to wind up debate, a point of order has been raised by the hon. Member for Shiwang’andu.

Mr Kampyongo: Madam Speaker, the process we are going through is a very important one. This institution, which has been assigned the mandate to scrutinise these appointments and make recommendations, is equally very important. Further, hon. Members here have every right to criticise the report or to support it. So, the hon. Minister, who is representing the appointing authority, should be above board. We were following his submissions and did not see anything wrong with what he was saying earlier. However, is he in order to start pointing to the appointments that were made before when he does not have a list to compare with the current list so that he is factual? You have always guided this august House that whatever we say here must be factual and verifiable, in accordance with Standing Order No. 65(1)(b). The hon. Minister has opted to start comparing and contrasting instead of focusing on the nominations we are dealing with on the Floor ...

Interruptions

Mr Kampyongo: Madam Speaker, I can hear some murmuring from some of these people who have never –

Madam Speaker: Order, hon. Member!

You are a Whip. Please, do not use language that is not acceptable in the House.

Mr Kampyongo: Madam Speaker, I said, “murmuring”, which is allowed.

Interruptions

Madam Speaker: Order!

Please, hon. Members, can we listen. The ruling will be rendered. So, let us listen.

Mr Kampyongo: I know, Madam Speaker, that some of our colleagues are participating in this process for the first time and may not understand what we are doing.

Interruptions

Mr Kampyongo: Was the hon. Minister –

Interruptions

Madam Speaker: Order, hon. Members!

Mr Kampyongo: Was the hon. Minister, who should have just focused on representing the appointing authority on the number of appointees whose ratification we are dealing with, in order to make comparisons that he cannot substantiate on the Floor of this august House? In addition, we expect him to be nationalistic in his submissions.

Madam Speaker, I seek your very serious guidance.

Madam Speaker: Hon. Member for Shiwang’andu, you were not around when the hon. Members for Chama South and Kawambwa constituencies debated. The hon. Minister of Justice was just responding to the issues that were brought out by the two hon. Members. He was just reacting to an issue that had already been brought up on the Floor of the House, and the hon. Minister was in order to respond to issues raised by the other side.

I call upon the hon. Member for Lukulu East Constituency to wind up debate.

Dr Kalila: Madam Speaker, on behalf of the Committee, I thank this House for having reposed its trust in us to undertake this very important task during which we have called upon this House to ratify the eleven Presidential nominations. I also thank those who have made contributions to the debate. I particularly take note of the fact that on both sides of the House, all but one of the hon. Members have supported the nominations and, because of that, as we proceed to put the Motion to a vote, I just thank everybody and hope that the vote will reflect that fact.

I thank you, Madam Speaker.

Question put and agreed to.

_______

BILLS

SECOND READING

THE EXAMINATIONS COUNCIL OF ZAMBIA BILL, 2023

The Minister of Education (Mr Syakalima): Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, the Examinations Council of Zambia (ECZ) is an examining body under the Ministry of Education, established through an Act of Parliament, the Examinations Council of Zambia Act No. 15 of 1983 and amended in 1994.

Madam Speaker, the ECZ has operated under this Act for over thirty-six years and has since expanded the school and teacher education examinations catering for internal and external candidates. The council has decentralised its services in all the ten provinces to offer all post-examination services.

Madam Speaker, the provision of such services heavily relies on public confidence and acceptability both nationally and internationally. The ECZ should, therefore, operate within a sufficient legal and regulatory framework to guarantee public trust and acceptability. The framework should empower the council to perform its mandated core functions smoothly and strengthen its authority to apply and enforce appropriate sanctions adequate to deter would be offenders of examination malpractices, among others.

Madam Speaker, the education reforms, restructuring of the education system; implementation of the revised new curriculum of 2013; enactment of akin legislation; such as the Zambia Technical Education, Vocational and Entrepreneurship Training Authority (TEVETA) Act of 2009; and qualification authority and proliferation of information and communication technologies (ICT) among others have necessitated the amendment of the Act since the last amendment in 1994.

Madam Speaker, since its enactment in 1993, ECZ has faced emerging challenges in conducting and managing examinations and awarding of qualifications.

Madam Speaker, as I conclude, the ministry recommends the enactment of the Bill as there are no options which exist, but to repeal and replace the Examination Council of Zambia Act of 1983. Maintaining the status quo is not desirable as service delivery would continue to suffer due to the weak penalties on examination malpractices, identified omissions, gaps and conflicts in the administration and governance setup. Therefore, enacting the Examination Council of Zambia Bill of 2023 will strengthen the enforcement mechanisms, address identified operational gaps, and ultimately provide quality examinations in an efficient, well-regulated, credible and malpractice-free assessment system which will create opportunities for all Zambians. This is why I invite all hon. Members of Parliament to support this Bill, which is progressive, non-controversial, reasonable and non-discriminatory.

Madam Speaker, I thank you.

Mr Mutinta (Itezhi-Tezhi): Madam Speaker, in accordance with the terms of reference set out in the Standing Orders 197 (c) and 198 (j) of the National Assembly of Zambia Standing Orders, 2021, the Committee on Education, Science and Technology was tasked to scrutinise the Education Council of Zambia Bill No.3 of 2023, for the Second Session of the Thirteenth National Assembly referred to it by the House on Tuesday, 28^th February, 2023.

Madam Speaker, in carrying out this important task, your Committee interacted with various stakeholders who provided both written and oral submissions. As the hon. Members may be aware, the Bill intends to repeal and replace the Examinations Council of Zambia Act, Chapter 137 of the laws of Zambia, so as to provide for the accreditation of examination centres. To provide for the administration of examinations, to continue the existence of the ECZ and re-define its functions and further constitute the board of the ECZ and provide for its functions and lastly, provide for matters connected with or incidental to the foregoing.

Madam Speaker, I will state from the onset that all the stakeholders who appeared before your Committee supported the Bill, with some amendment proposals as indicated in the report. Your Committee equally supports the Bill, with a few amendments that have been proposed.

Madam Speaker, since the hon. Members of this august House have had the opportunity to read your Committee’s report, allow me to highlight only three pertinent issues.

Madam Speaker, the first matter concerns the functions of the council under Clause 4 of the Bill. The stakeholders submitted that although Clause 4(1)(a) of the Bill appeared to limit the role of the Examinations Council of Zambia (ECZ) to administering examinations at basic schools, high schools and schools for continuing education, subsequent provisions under Clause 4(1)(b)(c)(d) and Clause 27 of the Bill seem to widen the role of ECZ beyond the three subsectors in Clause 4(1)(a) of the Bill. Stakeholders submitted that it was important to appreciate that colleges of education where part of the higher education system, and by the provisions of the Higher Education (Amendment) Act of 2021, they were under the mandate of the Higher Education Authority (HEA).

Madam Speaker, another matter of concern was Clause 5(1)(a) of the Bill on the board of the Council. Stakeholders submitted that Clause 5(1)(a) which provided that the Chairperson of the Board needed to be a recognised academician in a public university was discriminatory and must be revised. It was suggested that this provision needed to be all inclusive. It was submitted that the above provision should be recast to read “Chairperson of the Board needed to be a well-qualified, respected and experienced academician with a proven good leadership record”.

Madam Speaker, the other matter of concern from the stakeholders was the failure by the Bill under Clause 19, which provided for the appointment of examination officers to expressly state that all such appointed officers shall be remunerated for their labour. Stakeholders submitted that currently, officers under Clause 19(1)(a) to (d) did not receive any remuneration for their labour, and hence, the need for the law to legislate that all officers appointed will be remunerated for their labour.

Madam Speaker, in conclusion, allow me to place on record the gratitude of your Committee to all the stakeholders who tendered both written and oral submissions. Your Committee also wishes to thank you, Madam Speaker, for your guidance and the Office of the Clerk of the National Assembly for the support services rendered to it throughout its deliberations.

Madam Speaker, I thank you.

Dr Kalila (Lukulu East): Madam Speaker, thank you very much for giving me this opportunity to make comments on the Examinations Council of Zambia Bill, No. 3 of 2023. However, before I do that, allow me to congratulate two hon. Colleagues, one who is the current serving hon. Member of this House and the other hon. Colleague we were with in the previous Parliament, Hon. Elijah Muchima, who has just qualified by obtaining a Doctor of Philosophy (PhD) degree from the University of Zambia (UNZA). Hence, he shall be known as Dr Elijah Muchima.

Hon. Members: Hear, hear!

Dr Kalila: Madam Speaker, I also congratulate another hon. Colleague who has also gone through similar exams who will now be known as Dr Ephraim Belemu. I also wish that in the not too distant future, I will be able to congratulate hon. Members standing directly opposite to me, in trying to invest in themselves, particularly, the young tax in this Parliament so as to bring value and generally, to prepare themselves for future challenges. That is as it should be. Since we are debating the Examinations Council of Zambia Bill, I thought I should say that.

Madam Speaker, education as everybody has noticed, is a flagship programme of the New Dawn Administration. In so doing, the policy definitely seeks to increase access and therefore, pronouncing free education. In so doing, it is also necessary to maintain quality in all aspects of this education delivery. One of the tools that is used generally to evaluate the quality of education is the examination.

Madam Speaker, I support the report by my hon. Colleague, Mr Mutinta, for the fact that, indeed, as an hon, Minister also has said that this has been an old Act of 1983. Therefore, there are many developments that have happened over time, particularly, in the area of examination malpractices and generally, in the area of the whole examination administration, and in the whole aspect of it in terms of accrediting facilities to the examination centres, and ensuring that those that administer examinations do the right thing and ensuring that indeed, the examination itself confers confidence to the education system and particularly, to the job market. Therefore, it comes very timely and I support it.

Madam Speaker, I will not be long. However, even as we strengthen the conduct of examinations, it is important particularly, to the hon. Minister to note that for a very long time, our education sector has generally brought out the best. In so doing, we have also isolated some of those young learners who were the best in their respective institutions. That is the reason we created the technical schools and of note is the David Kaunda Technical High School (DKTHS) and Hillcrest Technical Secondary School (HTSS). However, there has been a gap over the years. Even as we isolated such young learners, who were the best, at the end of the day, as soon as they finished Grade 12 or Form V those days, I have noted that there has never been any path way to link them to high value institutions outside the country or to developed countries where they could further their intellect.

Instead, we have still brought them back to join the rest of their colleagues who they left in Grade 12 to go to important institutions. So, as we continue to reform our examinations, perhaps we should emulate what some other countries did, like China, where my hon. Colleague, Dr Mwanza went to study, that over the years, some of their best students were sent. Those ones that were isolated to be the best, had a linkage or a path way that connected them to high value institutions in the developed and advanced countries such as Harvard, Massachusetts Institute of Technology (MIT), Princeton University Oxford, Karolinska Institute in Sweden and so forth. They are many.

Madam Speaker, thirty years down the line, we all know where China is because some of the learners then, came back and brought some of the innovations that they learnt in those countries. If only we had done that from the time we created DKHS and HTSS, we would have been somewhere. If many of our kids were going all over, and if they had come back with the knowledge they acquired, I am sure we could have been at another level. So, I thought I should contribute by urging the hon. Minister to reconsider creating a path way for some of our best students so that they can benefit from advanced countries.

Madam Speaker, I support this report, it is long overdue, and the changes that have been brought fourth.

I thank you, Madam Speaker. 

Madam Speaker: Thank you.

There are late indications. The last time I checked, the last hon. Member who had indicated was the hon. Member for Cham South. Hon. Members, we still have a lot of work to do. So, I will just call on the hon. Member for Chama South who had indicated earlier.

Mr Mung’andu (Chama South): Madam Speaker, I will be very brief.

Madam Speaker, I am also in support of this Bill and its amendments, but I want to state t that the Examinations Council of Zambia (ECZ) should actually, relook at its policy when it comes to students who would like to consolidate their General Certificate of Education (GCE) results.

I say so, Madam Speaker, because the New Dawn Government actually advanced the universal access to education policy up to Grade 12 level, through the introduction of free education. However, at the moment, for one to consolidate the GCE results, one is required to pay K1,000. It has been a serious challenge for many parents in rural areas to access K1,000, and it is a charge that, to some extent, is in conflict with the free education policy.

Madam Speaker, I also want to put across the issue of the content that is being examined. It is important that the ECZ is synchronised with the Curriculum Development Centre (CDC). When we were learning biology at Hillcrest Secondary School in the 1980s to 1890s, we learnt about the parts of a grasshopper, things which have not even added value to our lives. Imagine learning about Kenyapithecus and Zinjathropus in Grade 8. One would ask what those lessons added to our children’s lives. While we were learning about these things, which were loaded for that matter, and why we have the longest river in Africa, our colleagues in Europe were learning about coding and Artificial Intelligence (AI). That is where the problem with our development stems.

Madam Speaker, let us address practical issues. I agree with Hon. Kalila who said that there is a need to identify talent at its earliest stage. What was the point of us competing? I remember Hon. Anakoka running away from me at Hillcrest Secondary School. I know he is not in the House. What was the reason for competing if we could not be isolated in educational path and career development? Some people are highly talented in sports. A sports person, in a month, earns more income than a scientist in his entire life. These are things that, as a country, we should focus on.

Madam Speaker, what are our comparative advantages as a country? We have mining. How many people are able to identify our minerals? Sugilite is mapped in Europe and the United States of America (USA) using satellite technology while we are busy examining our children on which human being is the tallest in the world.

Madam Speaker, it is very important that the amendments move with time. We expect more amendments to do with our education curriculum. We should train our children at a tender age about agriculture and high value crops. We have land. What about tourism? We have vast natural resources, but are we harnessing them? We are waiting for investors to come and do that. We sing about attracting foreign investment every day, yet we can do certain things ourselves.

Madam Speaker, in order for us to achieve realistic and wholistic national development, we need to start training and examining our children in topics and subjects that are applicable and practical in various regions of our country. For example, I was in the Western Province, which has a very beautiful landscape. We talk about cashew nuts and value addition. How many people or out-grower farmers understand the technicalities of cashew nut preservation, propagation, and many other factors? These are the areas we should build our curriculum and examine our children on so that we have a generation that will harness our resources, as opposed to the current scenario where we all look forward to our colleagues from Europe, USA and the Middle East to come and exploit our resources.

Madam Speaker, I know Her Honour the Vice-President will agree with me that even the people of Luapula did not know sugilite. We are told an Indian told them to pack the mineral as if it was waste. It is until now –

The hon. Member’s time expired.

Madam Speaker: Order, hon. Member! Your time is up.

Mr Mung’andu: Madam Speaker, we need to examine our people on issues that matter.

I thank you, Madam Speaker.

Madam Speaker: The two previous hon. Members assured me that they would not take long. I relaxed, and thought we would make it. However, they exhausted their time.

Hon. Minister of Education, wind up debate.

Mr Syakalima: Madam Speaker, permit me to thank the Chairperson of the Committee and the team for dedicating their time to scrutinise the Bill, meticulously. In the same spirit, allow me to thank the hon. Minister of Justice for prioritising the drafting of this critical law to promote an enabling environment for credible conduct and administration of examinations by strengthening the governance and management systems with legal backing and best practices.

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 Friday, 31^st March, 2023.

THE ANTI-TERRORISM AND NON-PROLIFERATION (Amendment) BILL, 2022

Clause 1, ordered to stand part of the Bill.

Interruptions

The Chairperson: Order!

CLAUSE 2 – (Amendment of Section 2)

The Minister of Home Affairs and Internal Security (Mr Mwiimbu): Madam Speaker, I beg to move amendments in clause 2,

1. on page 3

1. in lines 7 to 8 by the insertion of the words “Counter Terrorism Convention” immediately after the words “authorised officer”; and
2. after line 30 by the insertion of the following new definition:

“Counter Terrorism Convention” means any convention listed in the Second Schedule and any other subsequent convention ratified and domesticated in accordance with the Ratification of International Agreements Act, 2016;;

1. on page 4, after line 25 by the insertion of the following new definitions:

“financial service” has the meaning assigned to the words in the Banking and Financial Services Act, 2017;

“funds or other assets” includes-

1.         financial assets;
   
   1.         economic resources, oil and other natural resources;
   2.         property, whether tangible or intangible, or movable or immovable, however acquired;
   3.         legal documents or instruments in any form or manner evidencing title to, or interest in, the funds or other assets;
   4.         bank credits, travelers cheques, bank cheques or money orders;
2.          shares, securities or bonds;
3.         drafts or letters of credit;
   
   1.         any interest, dividends or other income accruing from, or generated by, the funds or other assets; and
   2.          any other assets which may potentially be used to obtain funds, goods or services;

“freeze” means the prohibition of the transfer, conversion, disposition or movement of funds or other assets that are owned or controlled by a designated person or entity on the basis of, and for the duration of the validity of, an action initiated by the United Nations Security Council or in accordance with applicable United Nations Security Council Resolutions by a competent authority or court;

“group” means a structured group of two or more persons existing for a period of time and acting in concert with the aim of committing a terrorist act or serious offence;

“State institution” has the meaning assigned to the words in the Constitution;

“supervisory authority” has the meaning assigned to the words in the Financial Intelligence Centre Act, 2010; and

1. on page 5, after line 31

(i)         in line 13 by the deletion of the word “and”;

(ii)        in line 31 by the deletion of the full stop and the substitute therefor of a semicolon and the word “and”; and

                        (iii)       after line 31 by the insertion of the following new definition”

                                    “without delay” means within twenty-four hours.

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand of the Bill.

CLAUSE 3 – (Repeal and Replacement of Section 5)

Mr Mwiimbu: Madam Speaker, I beg to move amendments after clause 3, on page 5, after line 37 by the insertion of the following new clause:

4. Section 6(2) of the principal Act is amended by the deletion of paragraph (b) and the substitution therefor of the following:

1.       collect, solicit, integrate and analyse intelligence pertaining to terrorism, proliferation and proliferation financing;.

Amendment agreed to. Clause amended accordingly.

Clause 3, as amended, ordered to stand of the Bill.

Clause 4 and 5 ordered to stand part of the Bill.

CLAUSE 6 – (Amendment of Section 11)

Mr Mwiimbu: Madam Speaker, I beg to move amendment in clause 6, on page 6, in lines 28 to 29 by the deletion of clause 6 and the substitution therefor of the following:

6. Section 11 of the principal Act is amended in-

(a)       subsection (2), by the deletion of paragraph (c) and the substitution therefor of the following:

(c) notify a reporting entity, supervisory authority, State institution and any other person or entity of an individual terrorist or an organisation declared to be a terrorist organisation and proliferation related entity;; and

1.       subsection (6), by the deletion of the words “and proliferation”.

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand of the Bill.

Clause 7 and 8 ordered to stand part of the Bill.

CLAUSE 9 – (Repeal and Replacement of Section 18)

Mr Mwiimbu: Madam Speaker, I beg to move amendments in clause 9, on page 7, in lines 20 to 25 by the deletion of clause 9 and the substitution therefor of the following:

Duty of Reporting      18. (1)  A reporting entity, supervisory authority, state institution and any other person or

                              entity that has been notified of an entity declared as a terrorist organisation under section

                              40      (1) shall freese any funds held by that reporting entity, supervisory authority,

                              state institution and any other person or entity.

                             (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction,

                             to a fine not exceeding three hundred thousand penalty units.

Amendment agreed to. Clause amended accordingly.

Clause 9, as amended, ordered to stand part of the Bill.

Clause 10, 11, 12, 13, 14, and 15 ordered to stand part of the Bill.

CLAUSE 16 – (Insertion of Section 39(a))

Mr Mwiimbu: Madam Speaker, I beg to move an amendment in clause 16, on page 9, in lines 31 to 34 by deletion of clause 16.

On pages 5 to 9 by the re-numbering of clauses 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 as clauses 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, respectively.

Amendment agreed to. Clause amended accordingly.

Clause 16, as amended, ordered to stand part of the Bill.

Clauses 17 and 18 ordered to stand part of the Bill.

CLAUSE 19 – (Repeal and Replacement of Section 43)

Mr Mwiimbu: Madam Speaker, I beg to move an amendment in Clause 19:

1. On page 10, in line 36 by the deletion of the words “reporting entities” and the substitution therefor of the words “a reporting entity, supervisory authority, State institution and any other person or entity”; and

1. on page 11

1. in line 3 by the deletion of the words “reporting entities” and the substitution therefor of the words “a reporting entity, supervisory authority, State institution and any other person or entity”; and

1. in line 4 by the insertion of the words “, without delay,” immediately before the word “share”.

Amendment agreed to. Clause amended accordingly.

Clause 19, as amended, ordered to stand part of the Bill.

CLAUSE 20 – (Insertion of Section 43 (a) and 43(b))

Mr Mwiimbu: Madam Speaker, I beg to move an amendment in Clause 20,

1. on page 11

1. in line 10

by the insertion of the words “relevant United Nations sanctions list or the” immediately before the words “national list”;

1. in lines 10 to 14

by the deletion of the marginal note and the substitution therefor of the following:

Freezing of funds or other assets of designated or nationally listed person or entity;

1. in lines 12 to 26

by the deletion of paragraph (a) and the substitution therefor of the following:

1. direct all reporting entities, without delay and without prior notice, to-

1. freeze all funds or other assets suspected or belonging to a nationally listed person, group or entity, or designated person or entity including funds derived from property owned or controlled, directly or indirectly-

1. by that nationally listed person, group or entity, or designated person or entity;
2. by a person acting on that nationally listed person, group or entity’s behalf, or designated person or entity’s behalf; or
3. at the direction of a nationally listed person, group or entity, or designated person or entity; and

1. ensure that these funds or other assets are not made available, directly or indirectly, for the nationally listed person, group or entity, or designated person or entity’s benefit by their nationals or by persons within their territory;; and

(iv)    in line 27

by the deletion of the words “person or entity” and the substitution therefor of the words “person, group or entity”; and

1. on page 12, in lines 6 to 7:

by the deletion of the words “funds and other assets” and the substitution therefor of the words “funds or other assets”.

Amendment agreed to. Clause amended accordingly.

Clause 20, as amended, ordered to stand part of the Bill.

CLAUSE 21 – (Amendment of Section 44)

Mr Mwiimbu: Madam Speaker, I beg to move an amendment in Clause 21, on page 12, in lines 15 to 19 by the deletion of subclause (1) and the substitution therefor of the following:

1. Subject to section 52, a person, group or entity shall not deal with funds or economic resources which that person, group or entity knows or reasonably suspects are owned, held or controlled by a designated person or entity, or nationally listed person, group or entity, terrorist, terrorist organisation or proliferation related entity.

Amendment agreed to. Clause amended accordingly.

Clause 21, as amended, ordered to stand part of the Bill.

Clauses 22, 23, 24, 24 and 25 ordered to stand part of the Bill.

CLAUSE 26 – (Amendment of section 52)

Mr Mwiimbu: Madam Chairperson, I beg to move an amendment in Clause 26, on page 14, after line 12:

1. by the insertion of the following new paragraph immediately before paragraph (a):
2. by the deletion of the words “reporting entity”, wherever the words appear, and the substitution therefor of the words “reporting entity, supervisory authority, State institution and any other person or entity”; and

(b)      by the re-numbering of paragraphs (a), (b), (c), (d) and (e) as paragraphs (b), (c), (d),

         (e) and (f), respectively.

Amendment agreed to. Clause amended accordingly.

Clause 26, as amended, ordered to stand part of the Bill.

Clauses 27 and 28 ordered to stand part of the Bill.

CLAUSE 29 – (Amendment of section 66)

Mr Mwiimbu: Madam Chairperson, I beg to move an amendment:

In Clause 29, on page 18, in lines 16 to 17, by the deletion of the words “funds and other assets” and the substitution therefor of the words “funds or other assets”.

After Clause 29, on page 18, after line 20, by the insertion of the following new clause immediately after Clause 29:

Insertion of                 30.       The principal Act is amended by the insertion of the

section 69A                             the following new section immediately after section 69:

Non-bailable                69A.    A court shall not grant bail in

offence                        respect of an offence under This Act for which the penalty is life imprisonment.

Amendment agreed to. Clause amended accordingly.

Clause 29, as amended, ordered to stand part of the Bill.

Clause 30 ordered to stand part of the Bill.

CLAUSE 31 – (Insertion of section 72A)

Mr Mwiimbu: Madam Chairperson, I beg to move an amendment:

In Clause 31, on page 18, in line 26, by the deletion of the words “reporting entity” and the substitution therefor of the words “person, group or entity”.

On pages 18 to 19 by the re-numbering of clauses 30, 31 and 32 as clauses 31, 32 and 33, respectively.

On page 19 by the insertion of the following new clause immediately after Clause 33:

 

General                              34.       The principal Act is amended by the deletion of the

amendment                                   words “financing of terrorism”, wherever the words appear, except in the Second Schedule, and the substitution therefor of the words “terrorism financing”.

Amendment agreed to. Clause amended accordingly.

Clause 31, as amended, ordered to stand part of the Bill.

Clause 32 ordered to stand part of the Bill.

First and Second Schedules ordered to stand part of the Bill.

Title agreed to.

The Chairperson: Order!

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HOUSE RESUMED

[MADAM SPEAKER in the Chair]

The following Bill was reported to the House as having passed through Committee with amendments:

The Anti-Terrorism and Non-Proliferation (Amendment) Bill, 2022.

Report Stage on Friday, 31^st March, 2023.

REPORT STAGE

The Controlled Substances Bill, 2023.

Report adopted.

Third Reading on Friday, 31^st March, 2023.

THIRD READING

The following Bill was read the third time and passed:

The Teaching Profession (Amendment) Bill, 2023

Madam Speaker: Order!

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ADJOURNMENT

The Vice-President (Mrs Nalumango): Madam Speaker, I beg to move that the House do now adjourn.

Question put and agreed to.

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The House adjourned at 1839 hours until 0900 hours on Friday, 31^st March, 2023.

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