Thursday, 10^th July, 2025

 

The House met at 1430 hours

 

[MADAM SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

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ANNOUNCEMENTS BY MADAM SPEAKER

 

PUPILS AND TEACHERS FROM ANGELUS PRIMARY SCHOOL

 

Madam Speaker: Hon. Members, I wish to recognise the presence, in the Public Gallery, of pupils and teachers from Angelus Primary School, Ndola District.

 

Hon. Members: Hear, hear!

 

Madam Speaker:  On behalf of the National Assembly of Zambia, I warmly welcome our visitors into our midst.

 

PUPILS AND TEACHERS FROM RAINBOW SCHOOL LIMITED

 

Madam Speaker: Hon. Members, I wish to recognise the presence, in the Public Gallery, of pupils and teachers from Rainbow School Limited, Lusaka District.

 

Hon. Members: Hear, hear!

 

 

 Madam Speaker: On behalf of the National Assembly of Zambia, I warmly welcome our visitors into our midst.

 

PUPILS AND TEACHERS FROM WANDI SCHOOL

 

Madam Speaker: Hon. Members, I wish to recognise the presence in the Public Gallery of pupils and teachers from Wandi School, Lusaka District.

 

Hon. Members: Hear, hear!

 

 Madam Speaker: On behalf of the National Assembly of Zambia, I warmly welcome our visitors into our midst.

 

I thank you.

 

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URGENT MATTERS WITHOUT NOTICE

 

MR KAPYANGA, HON. MEMBER FOR MPIKA, ON THE HON. MINISTER OF AGRICULTURE, MR MTOLO, ON THE DELAY BY THE FOOD RESERVE AGENCY TO PURCHASE MAIZE FROM FARMERS

 

Mr Kapyanga (Mpika): On an Urgent Matter without Notice, Madam Speaker.

 

Madam Speaker: An Urgent Matter without Notice is raised.

 

Mr Kapyanga: Madam Speaker, farmers across the country, particularly those in the Northern part of Zambia, have transported their maize to various satellite centres in readiness to sell to the Food Reserve Agency (FRA). However, on the date that was earlier communicated by the FRA to commence purchasing of maize, the FRA had not yet started purchasing the maize. Up to date, farmers are stuck with their maize at various FRA centres. 

 

Madam Speaker, I, therefore, direct this Urgent Matter without Notice to the hon. Minister of Agriculture. We would like to know when the FRA will commence buying maize from farmers who have already taken their maize to satellite centres.

 

Madam Speaker, I seek your indulgence.

 

Madam Speaker: I hope that yesterday, the hon. Member for Mpika was in the House and he listened to the Urgent Matters without Notice that were raised. The matter he has raised happens to have been raised by another hon. Member, who was advised to put in an urgent question. So, please, let us not repeat urgent matters. We should be listening attentively to the proceedings of the House so that we do not raise similar matters.

 

So, the matter is not admitted. 

 

MR MTAYACHALO, HON. MEMBER FOR CHAMA NORTH, ON THE HON. MINISTER OF ENERGY, MR CHIKOTE, ON THE ESCALATING CASES OF VANDALISM OF ZESCO LIMITED INFRASTRUCTURE

 

Mr Mtayachalo (Chama North): On an Urgent Matter without Notice, Madam Speaker.

 

Madam Speaker: An Urgent Matter without Notice is raised.

 

Mr Mtayachalo: Madam Speaker, my Urgent Matter without Notice is directed to the hon. Minister of Energy.

 

Madam Speaker, the country is experiencing escalating cases of vandalism of ZESCO Limited infrastructure, which is leading to prolonged electricity outages, loss of property and even fatalities. The power utility is losing approximately K1.5 million per week as a result of escalating cases of vandalism of transformers, cables, and other equipment, just to mention a few.  In the last twenty-four to forty-eight hours, the company has lost more than K500,000 as a result of vandalism. I was on the Copperbelt just a few days ago and I notice that for  three days, people did not have power because of vandalism. Although the law punishes those individuals who vandalise such infrastructure with ten years of hard labour, the cases have continued to escalate.

 

Madam Speaker, is the hon. Minister of Energy in order to keep quiet without coming to this august House, to update the nation on what immediate medium and long-term measures the Government is taking to deal with this particular matter because it is sabotaging the economy and economic activities.

 

Madam Speaker, I seek your indulgence.

 

Madam Speaker: Thank you very much, hon. Member for Chama North.

 

Hon. Member for Chama North, the issue that you have raised is not of recent occurrence; it has been ongoing. So, I would advise that you file in a question and then the hon. Minister will address it.

 

MR KASANDWE, HON. MEMBER FOR BANGWEULU, ON THE HON. MINISTER OF TOURISM, MR SIKUMBA, ON THE PRIDE OF LIONS SPOTTED IN LUMAMYA WARD OF BANGWEULU CONSTITUENCY

 

Mr Kasandwe (Bangweulu):  On an Urgent Matter without Notice, Madam Speaker.

 

Madam Speaker: An Urgent Matter without Notice is raised.

 

Mr Kasandwe: Madam Speaker, the Urgent Matter without Notice is directed to the hon. Minister of Tourism.

 

Madam Speaker, last night, a pride of lions was spotted in Lumamya Ward of Bangweulu Constituency, which borders Milenge Constituency and Chitambo Constituency. This pride of lions was believed to have strayed from the Luangwa National Park. I am directing this matter to the hon. Minister of Tourism to ensure that they put strategies in place, or rather send the Zambia Wildlife Authority (ZAWA) to ensure that lives are not lost.

 

Madam Speaker, I seek your indulgence.

 

Madam Speaker: Thank you very much hon. Member for Bangweulu, again, that issue has been ongoing, and it has been raised on the Floor of this House on several occasions. I remember advising or guiding that there was a committee that was going to be sent to look into that  issue. So, even if you raise the matter, hon. Member for Bangweulu, at this moment, I do not think anything can be done. I do not know whether you want the hon. Minister to go and slaughter those lions. There is no solution that can be given now. We need to have long-term strategies.

 

All of us hon. Members should work together with the hon. Minister of Tourism to see how we can avert this problem. If you look at our neighbouring countries, such as Botswana, animals and human beings live in harmony. Of course, you cannot stop a few fracas here and there. Just in Zimbabwe, Victoria Falls, animals are living in harmony with people. However, the problem that I have seen on our part in Zambia is that when people see an elephant, they start throwing stones at it, provoking it, and because it is an animal, it does not have the sense to realise that people are scared of it or what, it will retaliate. So, I think, let us ensure that we have resources. The only issue that is delaying us is the funding. When we get funding, a Select Committee can look at how we can sensitise people, our communities, to start living in harmony with animals. I think that is the only situation.

 

We have dealt with three matters already. Unfortunately, the other hon. Members will not be requested to raise their Urgent Matters without Notice. So, we make progress.

 

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MINISTERIAL STATEMENTS

 

LOSS OF LIVES FOLLOWING A CLASH BETWEEN ILLEGAL MINERS AND THE POLICE AT KIKONGE GOLD MINE IN MUFUMBWE DISTRICT

 

The Minister of Home Affairs and Internal Security (Mr Mwiimbu SC.): Madam Speaker, let me thank you for giving me the opportunity to issue a Ministerial Statement on the loss of lives following a clash between illegal miners and the police at Kikonge Gold Mine in Mufumbwe District.

 

Madam Speaker, we would like to express our sincere condolences to the families of the deceased persons following a clash between illegal miners and the police at Kikonge Gold Mine in Mufumbwe District. May their souls rest in peace.

 

Madam Speaker, on 6^th July, 2025, I, in the company of my colleagues, the Minister of Defence, Hon. Ambrose Lwizhi Lufuma, and the Provincial Minister for North-Western Province, Hon. Robert Lihefu, including senior officials from my ministry as well as the Ministry of Defence, went on a fact finding visit to Mufumbwe District in the North-Western Province, following heightened reports of illegal gold mining activities in Kikonge area of the district.

 

Madam Speaker, the brief facts are that on 3^rd July, 2025, at Kikonge Gold Mine site, illegal miners mobilised in order to attack the deployed police officers at the camp. The House may wish to note that over 50,000 illegal miners had descended on the site to partake in the illegal gold mining activities. The situation escalated and the officers’ lives were under imminent threat. The police attempted to restore order by using teargas canisters and rubber bullets, but the mob continued to charge on the officers. Further, warning shots were fired to restore order, but the mob became unruly and continued to attack the officers with offensive weapons. A total of twelve police officers were injured after they were attacked by the irate mob of illegal miners. In an effort to disperse the mob, three people were shot in the legs and sustained gunshot wounds. They later died due to what is believed to be excessive bleeding. All the injured police officers are out of danger except two who are still admitted in hospitals.

 

Madam Speaker, Cap. 107(24)(c) authorises police officers to maim when their lives are in danger. The safety and wellbeing of our citizens is our primary responsibility as Ministry of Home Affairs and Internal Security. We have noticed with regret that illegal miners have continued to die in large numbers as they are not following safety protocols from 2023, to date.

 

Madam Speaker, from 2023, to date, the country has lost more than 100 lives through illegal mining. For example, in August, 2024, nine illegal miners died in Chongwe District. In October, 2024, thirty-eight illegal miners died in Chingola when the earth collapsed on them. In Mumbwa, twenty-seven illegal miners died as a result of illegal mining and, recently, in Mufumbwe District, the area under discussion, eight illegal miners died when the trench collapsed.

 

Madam Speaker, the safety and security of our community is our top priority, and we will not tolerate any form of criminal activity. Our police officers will continue to work closely with other law enforcement agencies to prevent and combat crime and to ensure that our communities remain safe and secure places for all. To ensure the safety of our people, we have taken the following measures:

 

1. deploying police officers to cordon and deter illegal miners;

 

1. in collaboration with other defence and security wings, using drones to monitor the sites;

 

1. sensitising communities on the dangers of illegal mining; and

 

1. engaging with local communities to encourage reporting of illegal mining activities.

 

Madam Speaker, in conclusion, the Zambia Police Service, supported by the Ministry of Home Affairs and Internal Security and other security wings of the Government, remains resolute in its commitment to maintaining law and order. Our priority is to ensure the safety and security of all citizens.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Madam Speaker: Hon. Members are now free to ask questions on points of clarification on the Ministerial Statement issued by the hon. Minister of Home Affairs and Internal Security.

 

Mr Kang’ombe (Kamfinsa): Madam Speaker, I am grateful for the opportunity to direct a question on a point of clarification to the hon. Minister of Home Affairs and Internal Security on behalf of the people of Kamfinsa.

 

Madam Speaker, I know that the hon. Minister deals with issues of safety and public order, but the number of people he has mentioned who have died during mining activities is alarming. Is the hon. Minister confirming that the interventions that have been put in place from a policy point of view, the action reports that has been given to his ministry and the Ministry of Mines and Minerals Development, have failed to yield any proper results to safeguard not only our people, but to give them an opportunity to participate in mining? Our people are participating in these activities because they want to earn a living. So, he is confirming, in view of the numbers he has just reported in his statement, that policy by the Government has failed to resolve these challenges?

 

Mr Mwiimbu SC.: Madam Speaker, I would like to state that the United Party for National Development (UPND) Government led by His Excellency President Hakainde Hichilema, has endeavoured to ensure the safety of its citizens by putting measures in place that will enable them to mine safely. Unfortunately, there are leaders in this country who thrive on measures that hinge on illegality. We are aware that even the incidents that occurred in Mufumbwe were not without the orchestration of leaders. We are aware –

 

Interruptions

 

Mr Mwiimbu, SC.: Madam Speaker, are they the only leaders (pointed at hon. PF Members)? When I say, “leaders”, I am talking about various leaders in the country. However, I have noted that the guilty ones are shouting. I am talking about different types of leaders.

 

Madam Speaker, we have evidence showing that certain leaders mobilised members of the public in wards from all over the country to go and mine in Mufumbwe. Maybe, the people on your left are saying that they are the only ones who have been mobilising people. I am talking about leaders, but I have not pointed at anybody or apportioned blame to anybody. I am talking about leaders. Only those who are from areas where the wind of change is blowing are guilty.

 

Madam Speaker, I am calling upon members of the public, especially those in leadership, to be responsible. We are aware of leaders who have been leading people in Mufumbwe to gain access to mining sites. We are aware of such activities. I have not said that those people are from the Opposition or the Ruling Party. I am talking about leaders in communities, and the evidence is there. We should desist from encouraging our constituents to engage in criminal activities. Leaders from both sides of the House should desist from doing that. We should not do that. We have lost too many lives in this country due to illegal activities. More than 100 souls have been lost through illegal mining, and as leaders, we should all search our souls and reflect on what is happening in the country. The number that we are talking about, 100, is not the actual figure. There are people who died in mining trenches and have not been identified because their bodies have not been retrieved. So, we should be responsible.

 

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

 

 Interruptions

 

Mr Mwiimbu, SC.: Madam Speaker, our policies have not failed. What has failed us is the irresponsible leadership of various political parties, civic organisations and traditional leaders who are encouraging people to do illegal things. This Government has not failed. We have issued more than 600 licences to artisanal miners so that people can mine in a lawful manner. That is being responsible. We are being responsible by ensuring that people do not get involved in illegal activities and die in numbers. We are responsible. If we were not responsible, we would have been allowing people to mine illegally, and they would be dying in holes in many numbers, but we have said no to that. That is what a responsible Government should do. As far as we are concerned, we have not failed. We have shown the nation that we are responsible. That is why we have taken security personnel to Mufumbwe to stop people from mining illegally and dying in numbers recklessly. We will not allow that.

 

Madam Speaker, I thank you.

 

Madam Speaker: There was an indication for a point of order. What is your point of order, hon. Member?

 

Mr Mukosa: Madam Speaker, it has been overtaken by events. I wanted to raise a point of order on the hon. Minister for not answering the question.

 

Madam Speaker: Order!

 

Hon. Members, let us not raise points of order when the hon. Minister is in the midst of answering a question because then, we pre-empt issues. The point of order has been overtaken by events because the hon. Minister was still in the process of answering the question. So, pay attention to the answers.

 

Mr J. Chibuye (Roan): Madam Speaker, I thank the hon. Minister for the Ministerial Statement.

 

Madam Speaker, the hon. Minister has given us statistics concerning the injured and dead through illegal mining. While the hon. Minister was preparing the Ministerial Statement, did he bother to look at the need to inform this House, and the nation at large, on the number of civilians or illegal miners who were injured in the recent fracas and the extent of damage to property, such as vehicles?

 

Mr Mwiimbu, SC.: Madam Speaker, I thank the hon. Member of Parliament for Roan for that question.

 

Madam Speaker, I would like to confirm that a number of people have been injured, including security officials. Furthermore, a number of vehicles and equipment were damaged as a result of the fracas that occurred in Kikonge and various other areas.

 

Madam Speaker, I thank you.

 

Mr Kafwaya (Lunte): Madam Speaker, I appreciate the hon. Minister for coming to the House with the Ministerial Statement, as it is an important one. Allow me to offer my heartfelt condolences to the families that have lost their loved ones in the fracas. I also wish a very quick recovery to the members of the Zambia Police Service who were injured.

 

Madam Speaker, the people who have been killed, as highlighted by the hon. Minister, join a long series of Zambians who have been killed, including my own nephew, Ernest, by the Zambia Police Service for various reasons. My nephew was shot dead in Matero by the police. How does the hon. Minister reconcile the killings by the Zambia Police Service with the United Party for National Development (UPND) Government’s abolition of the death sentence?

 

Mr Mwiimbu, SC.: Madam Speaker, I am aware that three people died in Kikonge as a result of what transpired. However, I am also aware that those are not the only civilians who have died at the hands of the Zambia Police Service.

 

Madam Speaker, with your permission, I wish to point out that the hon. Member for Lunte was a member of Cabinet under the previous Government of the Patriotic Front (PF). Under the PF Government, a number of Zambians, who were not involved in any fracas with the Zambia Police Service, were killed. Nsama Nsama was killed by the police while walking from his office to a place near the Ministry of Justice, where he was going to have a meal. He was killed by the police under the PF Government. Whom do we blame? Mapenzi Chibulo was killed by the Zambia Police Service, while seated innocently without any provocation, during the reign of the PF. A number of the United Party for National Development (UPND) members were also killed. The hon. Member has reminded me of those days, which we will never forget in this country. We have not had an incident where the police shot anybody without any provocation. It has not happened unless there is an issue or confrontation between members of the public and the police, as it happened in Kikonge. However, under the reign of the PF, members of the public lost their lives because of the police without any confrontation whatsoever, and they did not apologise to the people of this country until they lost the elections.

 

Mr Simumba: Pa bunga, mwalipailapo!

 

Eng. Milupi: Bad people!

 

Mr Mwiimbu, SC.: Madam Speaker, even after losing the elections, they still blamed the people who died. Those (pointed to the left) people have not apologised to the nation. We have said that we regret that incident, but our police are professional, unlike when the previous Government was ruling.

 

I thank you, Madam Speaker.

 

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

 

Madam Speaker: Hon. Member for Bangweulu, what is the point of order?

 

Mr Kasandwe: Madam Speaker, the question that was asked was on reconciling the abolition of the death sentence and the killings in Mufumbwe. It was not answered. The hon. Minister has just alluded to the fact that the police killed many people in the previous regime. However, a number of people have also been killed by the police in the current regime. In Mufulira, the Zambia National Service (ZNS) killed someone. I can give the House a number of written examples.

 

Madam Speaker, is the hon. Minister in order to be biased in trying to set things straight? This point of order is being raised pursuant to Standing Order No. 71. He is not being truthful. Is he in order to keep bringing up old issues and misleading the nation on the fact that the police in the present regime have reasons to kill and not those in the past? Killing is killing. No sane Government sends the police to kill its citizens.

 

Madam Speaker: Hon. Member for Bangweulu, you have raised a point of order, but in a way, tried to ask a question. So, I will ask the hon. Minister of Home Affairs and Internal Security to respond to you.

 

Mr Mwiimbu, SC.: Madam Speaker, he has raised a question.

 

Mr Kasandwe: No, it is a point of order.

 

Interruptions

 

Madam Speaker:  Order!

 

Hon. Member for Bangweulu, you raised a question. You were –

 

Mr Kasandwe: No. It is a point of order.

 

Madam Speaker: I have already given guidance. The hon. Minister will answer your question, because you asked a question.

 

Mr Mwiimbu, SC.: First and foremost, Madam Speaker, I would like to tell the hon. Member about the decision to abolish the death sentence. The death sentence relates to a matter that has gone through a court process, somebody is convicted, and he or she is sentenced to death according to the law. The President, as a result of his consideration, and in accepting international norms and the pleas of the Church in Zambia, decided to abolish the death sentence. That is different from being killed by security forces. Killings by security forces cannot be abolished. That is a different matter.

 

Madam Speaker, coming to the issue that the hon. Member has raised, as to whether I am trying to justify what happened, I have not justified anything. I have indicated that under the current regime, death has only occurred when there is a confrontation between members of the public and the police. The hon. Member also brought in a matter related to the Zambia National Service (ZNS). For his information, maybe, he is not aware, but the ZNS is not the police service. It is an armed force of the Republic of Zambia under the Ministry of Defence. So, I cannot respond to that matter. I am aware of what transpired, but I would not want to answer because that is not my responsibility. It is the responsibility of the hon. Minister of Defence, if the House wants him to answer.

 

Madam Speaker, I want to state, once again, that this Government is responsible, unlike the previous Government, under which members of the public were killed without any cause.

 

I thank you, Madam Speaker.

 

Hon. UPND Members: Hear, hear!

 

Ms Sefulo (Mwandi): Madam Speaker, thank you for giving me this opportunity to ask the hon. Minister a supplementary question.

 

Madam Speaker, the Committee on National Economy, Trade and Labour Matters is one of the Committees that looks at the mining sector. As a Committee, we were deployed by the Hon. Madam Speaker to learn lessons in Tanzania, where there have been illegal mining activities. The Ministry of Home Affairs, and the Ministry of Mines in Tanzania work together to ensure that security personnel and other officers under the Ministry of Mines there are deployed to the areas where illegal mining activities are undertaken. The report was presented on the Floor of this House on the lessons that your Committee learnt on how to prevent such things from happening. So, from the point of view of the ministry, what lessons has it picked to use in Zambia so that such things do not happen in future?

 

Mr Mwiimbu, SC.: Madam Speaker, I would like to give a historical perspective and draw an analogy of what happens in other countries. For those who are not aware, during the reign of the United National Independence Party (UNIP), similar instances happened in an emerald-rich area on the Copperbelt Province. The area was declared a restricted area and was guarded by the paramilitary. To access the area, one had needed a pass that was issued by the security wings. So, the Government will also declare certain areas restricted to ensure that the public benefits from the mineral endowment of the country.

 

Madam Speaker, the Government will zone the area under discussion; Kikonge, and declare it a restricted area. Once that is done, members of the public will not have free access to it. Then, the Ministry of Mines and Minerals Development will map out areas that can be given out to members of the public. However, it will remain a restricted area so that we do not allow members of the public to enter without authority. In Botswana, members of the public have no free access to an area where diamond is mined.  It is a restricted area one cannot enter unless he/she has been granted permission by the Government. In Angola, one cannot access the area where diamonds are mined. It is restricted.  As a result of the restrictions that have been imposed in Botswana and Angola, the two countries are enjoying the endowments of the minerals. There is no way illegal miners would mine in those areas.

 

 Currently, Madam Speaker, the Government of the Republic of Zambia is not benefiting from the mineral endowment because of illegal mining. The buyers of gold in Chama, Rufunsa, Mpika, Kasenseli and Mufumbwe are not Zambians but foreigners. After buying the gold, they take it out without the Government gaining anything. If we harness the mineral endowment properly, it will benefit everyone in this country. The intention of this responsible Government is to ensure that the people of Zambia benefit. As you may not be aware, hon. Colleagues, the Ministry of Finance and National Planning has created a vehicle that will be used to purchase gold and other precious minerals in this country, and it will be in place soon.  We are also putting in place small-scale gold processing equipment in various areas such as Mpika, Rufunsa, the Eastern Province, and wherever the mineral endowment is. As we endeavour to do that, we shall ensure that security is provided. We need to do that, not just for the benefit of a few individuals, but the whole country. That is what we are going to do.

 

I thank you, Madam Speaker.

 

 Mr Kapyanga (Mpika): I thank you, Madam Speaker.

 

Madam Speaker, the Government has the responsibility to license its citizens in areas of mining, under the Artisanal Mining Rights. The challenge our people face is the distance from where they are to Lusaka to obtain mining licences. We have a crisis, and the solution could lie in decentralising the licensing systems and ensuring that there is a provision of training and funds.  Deploying the military to these areas, obviously, will cause confrontations, and more lives will be lost. However, if the licencing equipment is taken to Mpika, people will go there to get licences. By the time the military goes there, it will find that everyone is licensed. This is what was promised to the people of Zambia. 

 

Madam Speaker, is the Government considering the route of decentralising the licensing system to cut the costs associated with acquiring mining licences and ensure that everyone who is running away from poverty to venture into mining has a licence?  

 

Mr Mwiimbu, SC.: Madam Speaker, I wish the question was targeted at the hon. Minister of Mines and Minerals Development. However, as a responsible Member of the Government, I will respond.

 

Madam Speaker, this responsible Government brought a Bill on the Floor of this House to create the Mineral Regulation Commission. Moreover, the Minerals Regulation Commission Bill was approved by this House. Once we operationalise it, the issue being raised by the hon. Member for Mpika, will be addressed. We will have decentralised committees dealing with this particular issue. We have already dealt with that matter. Being a forward-looking, responsible Government, we have done that because we care for our people.

 

Ms Sefulo: On a point of order, Madam Speaker. 

 

Madam Speaker: A point of order is raised.

 

Ms Sefulo: Madam Speaker, I rarely rise on points of order, but I am compelled to do so.  The point of order is directed at the hon. Minister of Home Affairs and Internal Security. I am rising on Standing Order No. 65. 

 

Madam Speaker, the hon. Minister categorically indicated what is happening in other countries regarding what they do to ensure that their resources are protected. As the hon. Minister of Home Affairs and Internal Security, he has the powers vested in him by this country and the nation at large to ensure that the resources are protected.

 

Madam Speaker, is the hon. Minister in order to continue allowing illegal mining when it can be prevented by ensuring that those areas are protected so that even my children in Mwandi can benefit from the mining being done in Kikonge?  Is the hon. Minister in order to continue allowing mining in Kikonge, Mumbwa and Kasenseli, where illegal mining is being done? Moreover, he has learnt lessons from Botswana, Angola, Tanzania, and so many other countries he has been to. Therefore, we expect him to ensure that these resources are protected so that children growing up in rural constituencies like mine can harness the resources of this country.

 

 Is the hon. Minister in order to provoke me …

 

Laughter

 

Ms Sefulo: … by mentioning all those points without putting immediate measures in place so that illegal mining is stopped immediately?

 

Madam Speaker, I seek your –

 

Mr Mwiimbu, SC. laughed

 

Ms Sefulo:  He is laughing.

 

Laughter

 

Ms Sefulo: Madam Speaker, I seek your serious ruling.

 

Madam Speaker: Hon. Member for Mwandi, from where I am seated, I thought I heard the hon. Minister say that they will restrict the places. There is the Minerals Regulation Commission that will be established. So, we are looking at short-term, mid-term and long-term measures that can be taken. Of course, the immediate measure would be to secure the place by ensuring that there are no people there. Secondly, to establish all those commissions and all the other things. So, I think the hon. Minister is in order. He cannot disclose everything that the Government wants to do. Otherwise, the illegal miners will find another way to make sure that they continue their activities.

 

So, let us help the hon. Ministers of Home Affairs and Internal Security, hon. Minister of Defence, the hon. Minister of Mines and Minerals Development, including the hon. Minister of Green Economy and Environment to ensure that the environment where this mining is happening is protected. From the videos that I saw, there were heaps and heaps of soil accumulating, and trees being cut.  We just came out of a drought situation. The impact is long-term. So, please, let us protect our environment as we try to benefit from the mineral resources endowed on us. All of us have to take that responsibility.

 

So, the hon. Minister was in order, hon. Member for Mwandi.  

 

Mr Mutale (Chitambo): Madam Speaker, thank you very much for the opportunity.

 

Madam Speaker, there is gold also in Chitambo. The riots that we are discussing today also happened in Chitambo. I am grateful to the hon. Minister for Central Province for his quick action to prevent damage to property. However, being a Chitambo resident, and having experienced that riot and seen the kind of damage that occurred, I am at pains having heard the hon. Minister disclose that illegal miners are not on their own; there are certain leaders who mobilise them. My question to the hon. Minister is: Is he going to mention those leaders and what is he going to do to them so that we can stop illegal mining?

 

Mr Mwiimbu, SC.: Madam Speaker, before I respond to the question that has been posed by my colleague, the hon. Member of Parliament for Chitambo, I just want to buttress the point I made earlier pertaining to declaring areas as restricted. When we declare that an area is restricted, we put all the necessary security measures in place to ensure that no one gains access without authority. We do that. Even now, we have put in place certain measures in areas such as Mpika, Chitambo, Kasenseli, Chingola and …

 

Mr Nkandu: And Mumbwa!

 

Mr Mwiimbu, SC: … Mumbwa. Immediately we enact the necessary legislation to restrict these areas, we will enhance the security arrangements.

 

Madam Speaker, the rules of this House are very clear, that we are not allowed to name individuals who are not in the House. However, we are aware of those people, and we are carrying out an investigation. If it were a press briefing, I would have named them. I know some of them. We will mention them and will take appropriate action.

 

I thank you, Madam Speaker.

 

Ms Nyirenda (Lundazi): Madam Speaker, I would like to pass my condolences to the families who lost their loved ones whilst they were trying to make ends meet. It is really sad that our youths lost their lives in the Kikonge Mine saga with the police.

 

Madam Speaker, all powers are vested in the President of the Republic of Zambia. When killings were happening during the reign of the Patriotic Front (PF), Her Honour the Vice-President and all of you blamed the killings on Mr Edgar Chagwa Lungu.

 

Today, your police have killed people in the Kikonge mining area.

 

Mr Nkandu: Question!

 

Mr Mutelo: Our police?

 

Ms Nyirenda: Yes, they say luck falls on the lap of a fool. Instead of harnessing what can help us to stop borrowing, a lot of gold is being taken away under your watch (pointed at the Government Bench).

 

Madam Speaker, the question I have for the hon. Minister is: Since people lost their lives, are they going to blame Mr Hakainde Hichilema?

 

Interruptions

 

Mr Mwiimbu, SC.: Madam Speaker, …

 

Eng. Milupi: Hammer, hammer!

 

Mr Mwiimbu, SC.: … I hope the hon. Member of Parliament for Lundazi is not going to be emotional and will not react to what I am going to say.

 

Hon. UPND Members: Hear, hear!

 

Laughter

 

Mr Mwiimbu, SC.: Madam Speaker, the hon. Member of Parliament has brought in the name of the dead into our discussion, and I will not shy away from responding to what she has said. I will draw analogies to the issues that happened under the reign of Mr Edgar Chagwa Lungu whom she has brought into this discussion. I am going to say this.

 

Madam Speaker, under the reign of the late Mr Chagwa Lungu, while we were representing the current President, Mr Hakainde Hichilema, at the police headquarters and we were being interviewed, the police started shooting people outside without any provocation. People were shot under the reign of the late Mr Chagwa Lungu.

 

Hon. UPND Members: Hear, hear!

 

Mr Mwiimbu, SC: Under the reign of the late Mr Chagwa Lungu, Chipenzi Chibulo, who was taking a stroll along Kamwala Road, was shot by the police.

 

Ms Nyirenda: Just answer the question!

 

Mr Mwiimbu, SC: We are aware of so many people who were shot under the reign of Mr Chagwa Lungu. Under the reign of President Hakainde, there was a shooting in Kikonge, which arose out of rioting by the people, and there was a fight between the illegal miners and the police officers.

 

Mr Kasandwe: What is the answer?

 

Mr Mwiimbu SC.: Madam Speaker, police officers have a duty to defend themselves according to the law, which I read. However, under the reign of Mr Chagwa Lungu, which law did you use to kill Nsama Nsama, who was going to get lunch along Independence Avenue? What law was used to kill Mapenzi Chibulo, a lady who had no confrontation with the police or violated any law, …

 

Mr Mutelo: Lawrence in Kaoma!

 

Mr Mwiimbu, SC.: … and Lawrence Banda …

 

Eng. Milupi: In Kaoma!

 

Mr Mwiimbu, SC.: … in Kaoma? What law did they offend for them to be killed apart from the impunity of the leaders who did not care for the lives of those who lost?

 

The former regime, Madam Speaker, was the cruellest in the history of this country.

 

Hon. UPND Members: Hear, hear!

 

Mr Mwiimbu, SC.: For the first time, during the reign of Mr Chagwa Lungu, we saw bloodshed in this country.

 

Interruptions

 

Mr Mwiimbu, SC.: We will never forget. Do not remind us of the heinous acts that were done by Mr Chagwa Lungu. We have respect for the dead …

 

Hon. UPND Members: Hear, hear!

 

Mr Mwiimbu, SC.: … but you have made us respond to the issues that were done during that period.

 

Ms Nyirenda: I am glad you will not answer my question.

 

Mr Mwiimbu, SC.: Even at the graveyard, people were being maimed, and in church, by that regime that lost power. I am made to understand that as a result of their unpopularity, they are failing to find candidates.

 

Hon. UPND Members: Hear, hear!

 

Mr Mwiimbu, SC: In Kasempa, they had no candidate. In Mfuwe, they had to look for people in the streets because they had nobody …

 

Laughter

 

Mr Mwiimbu, SC: … and the people of Zambia do not want them.

 

I thank you, Madam Speaker.

 

Interruptions

 

Madam Speaker: Order, hon. Members!

 

It is very uncomfortable for us to sit in and listen to some of these things. So, please, let us avoid going that route. When you ask a certain question and expect an answer, I think, it is uncomfortable for most of the hon. Members in this House.

 

Ms Nyirenda interjected.

 

Madam Speaker: Hon. Member for Lundazi, please, you asked a question. The rules are very clear.

 

Ms Nyirenda interjected.

 

Madam Speaker: You asked a question. Read the rules because they are very clear.

 

Ms Nyirenda interjected.

 

Madam Speaker: Now you are engaging me. I will refer you to a Standing Order and then, you will come up with your own conclusion.

 

Ms Nyirenda interjected.

 

Madam Speaker: You may leave the Assembly Chamber. You may leave and go to the Committee. I am not saying that you will be deemed to not have sat in the House.

 

Ms Nyirenda left the Assembly Chamber.

 

UPDATE ON THE POLLUTION OF KAFUE RIVER AND MWAMBASHI STREAM

 

The Minister of Green Economy and Environment (Mr Mposha): Madam Speaker, I rise to provide an update on the heavy metal pollution in the Kafue River and Mwambashi Stream and how we are ensuring the safety of the people living in the affected areas.

 

Madam Speaker, let me start by thanking you for according me an opportunity to render this Ministerial Statement. I wish to update this august House on a series of activities that have happened in order to deal with the pollution incident at Sino Metals Leach Zambia Limited. On 21^st February, 2025, the Zambia Environmental Management Agency (ZEMA) issued an environmental restoration order to Sino Metals Leach Zambia Limited. One key requirement in the order was for Sino Metals Leach Zambia Limited to hire an independent environmental consultant to prepare a comprehensive environmental impact assessment (EIA) report, which would define the extent of the pollution.

 

Madam Speaker, on 29^th March, 2025, a consulting firm by the name of Drizit Environmental that was hired by Sino Metals Leach Zambia Limited started conducting the EIA. Sino Metals Leach Zambia Limited was expected to submit the final report by 2^nd May, 2025. Unfortunately, along the way, the two parties had a dispute, which led to the termination of the contract on 27^th May, 2025. Following the termination of the contract, the Government stepped in and took over the process by invoking Section 107 of the Environmental Management Act. Accordingly, Sino Metals Leach Zambia Limited was notified of the take-over on 16^th June, 2025. I also issued a statement to the media to update the nation on this development the following day, 17^th June, 2025.

 

Madam Speaker, during the entire period, my ministry has been collaborating with other line ministries and Government departments in monitoring and addressing the environmental pollution incident that occurred due to the embankment failure of tailings dam TD15F, in Kalulushi District, on 18^th February, 2025.

 

Madam Speaker, the preliminary investigations by ZEMA have established the presence of heavy metals in the soils and the water bodies extending from the point of pollution through to the Kafue River. Nonetheless, the potential of hydrogen (pH) levels have shown signs of recovery due to lime dosing and the natural buffering capacity of the water bodies. A detailed assessment of the extent and types of heavy metals will soon be commissioned, as ZEMA is currently running an advert calling for expressions of interest for competent and qualified experts to undertake a thorough and comprehensive assessment. May I take this opportunity to extend an invitation to all well-meaning Zambians with relevant capabilities and expertise to come on board and express interest for consideration in this process. I want to guarantee and assure this House that the engagement of a consultant has been opened up for purposes of transparency and inclusivity as we respond to the pollution incident.

 

Madam Speaker, in ensuring that the safety of the people living in the affected area is safeguarded, my ministry, in collaboration with the relevant line ministries and Government departments, has put in place the following measures:

 

1. ZEMA directed Sino Metals Leach Zambia Limited to provide alternative portable water to the affected communities along the Chambeshi River and Mwambashi Stream. This is being done by Sino Metals Leach Zambia Limited through Nkana Water and Sanitation Company (NWSC) using water bowsers. This intervention will continue until water in the Chambeshi River and Mwambashi Stream is declared safe for human consumption;

 

1. my ministry, working with the Ministry of Fisheries and Livestock and the polluter, have initiated the process of collecting fish samples that will be taken to the laboratory for testing; and

 

1. my ministry recognises the urgent need to undertake immediate and comprehensive clean-up operations in the affected areas, particularly in response to the visible pollution that continues to pose a serious threat to public health, livelihoods and the integrity of our ecosystem.

 

Madam Speaker, I am pleased to report that Sino Metals Leach Zambia Limited, under the supervision of ZEMA, has already commenced clean-up activities for the pollution that is visible. This process is currently ongoing, notwithstanding the fact that the assessment report has not yet been submitted. Should the assessment report reveal that the areas subject to the current clean-up exercise still contain the polluted affluent, Sino Metals Leach Zambia Limited will be required to re-clean the said areas.

 

Madam Speaker, in terms of the medium-term to long-term interventions, ZEMA is working with the Disaster Management and Mitigation Unit (DMMU) and other relevant stakeholders to develop guidelines for storage facilities for tailings and emergency preparedness plans to improve readiness and response time for future pollution incidences. Additionally, ZEMA, working with the Water Resources Management Authority (WARMA) and water utility companies, has commenced pollution hotspot mapping with the support of the United Nations Development Programme (UNDP). The initiative will facilitate the establishment of the baseline for ambient water quality and sediments (heavy metals) on the Copperbelt, with a focus on pollution hotspot areas, and cover nine districts, which are Chingola, Lufwanyama, Kitwe, Kalulushi, Chililabombwe, Ndola, Luanshya, Masaiti and Mpongwe. The geographical coverage of this intervention goes beyond the areas affected by the pollution caused by Sino Metal Leach Zambia Limited. This is in order for the ministry to establish a comprehensive baseline of the pollution status on the Copperbelt Province. This intervention started on 1^st July, 2025, and is expected to be concluded on 25^th July, 2025. We expect to have comprehensive results of the baseline survey by 30^th July, 2025.

 

Madam Speaker, my ministry re-affirms its unwavering commitment to restoring the environment, prevent future pollution and safeguard the health and well-being of our citizens. The ministry will also ensure that those responsible for pollution are held accountable and that remedial measures are undertaken without any delay.

 

I thank you, Madam Speaker.

 

Hon. UPND Members: Hear, hear!

 

Madam Speaker: Hon. Members are now free to ask questions on points of clarification on the Ministerial Statement presented by the hon. Minister of Green Economy and Environment.

 

Mr Kafwaya (Lunte): Madam Speaker, thank you for the chance you have given me to ask a question on a point of clarification on the Ministerial Statement.

 

Madam Speaker, I am pleased that the hon. Minister has rendered the Ministerial Statement, and has personally called for interested and qualified entities to submit expressions of interest. Noting that calling for expressions of interest is an operational issue and the fact that the hon. Minister may be operating at the policy level, I would like to know the powers he has used to personally call for the expressions of interest.

 

Mr Mposha: Madam Speaker, I have used the powers under the Environmental Management Act, Section 107, which permits the Government to take over the process in a time like this one. Like I said, this was communicated to the nation through my engagement with the media on 17^th June, 2025.

 

I thank you, Madam Speaker.

 

Mr Allen Banda (Chimwemwe): Madam Speaker, the hon. Minister may know that the Mwembeshi stream passes through the rural part of Chimwemwe. Most of our rural people depend on fishing. Ever since the pollution incident happened, they have stopped fishing. As a result, they do not have any means of making money. Has Sino Metals Leach Zambia Limited compensated those people, and will the company continue giving them relief funds, because they cannot continue fishing? That is the only business they are able to do. They also undertake a bit of farming but, as the House may already know, because of the pollution, they are not able to grow anything. The heavy metals that are already in the stream continue to affect the fertility of the soil.

 

Mr Mposhi: Madam Speaker, I was being attentive, as one needs to be when this hon. Member is speaking, because of the slang.

 

Laughter

 

Mr Mposha: Madam Speaker, in the environmental restoration order that was issued on 21^st February, 2025, one of the directives was that the polluter should compensate the affected community members, and that will be done.

 

I thank you, Madam Speaker.

 

Mr Chala (Chipili): Madam Speaker, I want to know whether, at present, the water is safe to drink and use by our people who live around the affected areas. If not, have they been given the alternatives from which to draw water?

 

Mr Mposhi: Madam Speaker, when the acidic pollution incident happened, the quality of the water was affected. So, the Government, working with various stakeholders, including the company in question, ensured that the water in the affected areas was, first of all, tested, and certain areas were found with high potential of hydrogen (pH) levels. So, we needed to dose the water with lime. Most hon. Members would attest to the fact that we conducted the operation in all the areas up to Ngabwe towards Mumbwa to ensure that the Kafue River and the other streams that were affected were dosed. The idea was to ensure that the acid that had affected the water was dissolved, and that was achieved. Currently, the pH levels are under control, meaning that the acidic solution in the water has been dealt with.

Madam Speaker, the second and critical thing now is to deal with the possibility of heavy metals in the environment as well as in the water. We would advise our people in the affected areas to continue operating carefully. This information has been relayed on the ground using our district offices. That is why in the Ministerial Statement, I mentioned that Sino Metals Leach Zambia Limited, working with Nkana Water and Sewerage Company (NWSC), is providing water to the surrounding communities using water bowsers. We will continue to encourage our people to operate carefully, as we undertake assessments to ensure that we are well informed on the extent of the pollution in terms of the kind of heavy metals that could be present.

 

I thank you, Madam Speaker.

 

Mr Mutinta (Itezhi-Tezhi): Thank you, Madam Speaker.

 

Madam Speaker, I would like to thank the hon. Minister for the responses. We also bear with the people of Kalulushi on this sad incident.

 

Madam Speaker, normally, when foreign investors, particularly in the mining sector, are involved in such incidents, there is a section of society that thinks that the Zambia Environmental Management Agency (ZEMA) is always lenient with them, and that the agency does not manage to trace these cases to the letter. I know that many reforms have taken place at ZEMA, and the hon. Minister is in charge of a new ministry that aims to address such challenges. What assurance is the hon. Minister giving the people of Chambeshi and many other areas, on addressing these issues so that the public’s confidence in the agency can be restored, and they feel that the ministry is there to protect their welfare?

 

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

 

Madam Speaker: Before the hon. Minister comes in, there is an indication for a point of order.

 

Hon. Member for Lunte, what is the point of order?

 

Mr Kafwaya: Madam Speaker, I appreciate this opportunity you have given me to raise a point of order on the hon. Minister who is on the Floor of the House.

 

Madam Speaker, the hon. Minister personally called for expressions of interest, and you allowed me to ask him a question about seeking the authority he used to do so. The hon. Minister told me and the nation that he used Section 29 of the Environmental Protection and Pollution Control Act. Section 29 reads:

 

“29. (1) An effluent may be mixed for treatment prior to discharge or for conveying to a common point of discharge.

 

 (2) No person shall withdraw water from a water course or any other source for the

purpose of diluting any effluent to make it acceptable except under a licence issued by the Inspectorate.”

 

Interruptions

 

Madam Speaker: Order!

 

Let us allow the hon. Member to raise his point of order.

 

Mr Kafwaya: Madam Speaker, is the hon. Minister in order to mislead me and the nation that Section 29 of the Act gives him the power to personally transact in operations of a ministry as opposed to transacting in policy.

 

Madam Speaker, I seek your serious ruling.

 

Madam Speaker:  Hon. Members, since the hon. Minister had mentioned a particular section and I do not have access to that Act, I will allow the hon. Minister to give clarification on the response that he gave to the hon. Member for Lunte.

 

Mr Mposha: Madam Speaker, first of all, I did not mention Section 29, I mentioned Section 107. I was very emphatic and clear. The expressions of interest are being called for by the Zambia Environmental Management Agency (ZEMA), which is a regulator under my ministry. In the statement, there was nothing personal. However, I was presenting a Ministerial Statement on behalf of the ministry and as a minister in charge of supervising the regulator, ZEMA.

 

Madam Speaker, I thank you.

 

Madam Speaker: I hope the hon. Member for Lunte got the explanation.

 

 Let us make progress. Hon. Minister, do you still remember the question asked by the hon. Member for Itezhi-Tezhi?  

 

Mr Mposha: Yes, Madam Speaker.

 

The hon. Member wants to know what assurance the ministry is giving that this matter will be followed to the latter.

 

Madam Speaker, I would like to confirm that my ministry is working with a number of ministries including the Ministry of Agriculture, the Ministry of Fisheries and Livestock, the Ministry of Mines and Minerals Development, and the Disaster Management and Mitigation Unit (DMMU), under the Office of Her Honour the Vice-President to ensure that this matter is followed to the latter and properly concluded.

 

Madam Speaker, I want to assure the hon. Member of Parliament and the people who are following that this matter will be followed-up to the latter. I can confirm that we are also engaging very well with the Chinese Government through the embassy, the ambassador and everyone is co-operative.

 

Madam Speaker, I thank you.

 

Mr Mutale (Chitambo): Madam Speaker, my interest is in the people who are affected by this pollution.

 

Madam Speaker, I want to know whether an assessment was done, and if so, who should be compensated? Further, when will they be compensated by the polluter?

 

Mr Mposha: Madam Speaker, I thank you, and I also want to thank Hon. Remember Mutale for the question.

 

Madam Speaker, the partial assessment was done for the purposes of an interim compensation and this was done by our experts under the Ministry of Agriculture, and the Ministry of Fisheries and Livestock. This is what will determine the partial or interim compensation, which will be effected in the next few days. Thereafter, we will await the thorough assessment, which will inform us of the extent of the pollution and the level of compensation.

 

Madam Speaker, I thank you.

 

Mr Mutelo (Mitete): Madam Speaker, is the hon. Minister saying that after this partial assessment that has been done, there will be a partial relief for the affected people? Since this is partial, is he saying that later a larger amount will be given to the affected people after yet another assessment is done? Is the hon. Minister saying that what is happening now is just partial and a big chunk will be given to the people, either by the Government or those who are operating the mines? Is the hon. Minister, saying that the Government has a heart for all that?

 

Madam Speaker: In other words, he is asking whether you are the one coming, or shall we wait for another?

 

Laughter

 

Mr Mposha: Madam Speaker, if I understood Hon. Mutelo's question correctly, he is asking whether this is just a partial payment or there will be another one.

 

 Madam Speaker, like I had indicated, we did an assessment for the people who lost their crops and may not be in a position to use the land for agricultural purposes this season. That assessment is the one that informs us to ensure that an interim compensation is given to the people. Once a thorough and comprehensive assessment is done, it will inform us whether there will be a need to extend the compensation.

 

Madam Speaker, in addition to the compensation that will be given in the next few days once the processes are concluded, there has already been some support that has been going to the affected communities in terms of mealie meal, relish, and some funds to support them. This is under the principle of polluter pays. So, yes, the company that polluted is the one that will pay all these funds in terms of compensation.

 

Madam Speaker, I thank you

 

Mr Kolala (Lufubu): Madam Speaker, people are still experiencing the effects of that pollution, specifically in Ngabwe. They fish from the Kafue River and sell the fish to earn money, but that is not happening because the Ministry of Fisheries and Livestock has not allowed them to fish. The reason is that the Ministry of Green Economy and Environment says the water is not yet safe to allow people to fish. What is the ministry doing, and when is it going to quickly complete the assessments so that people can start fishing as they are waiting for compensation? 

 

Mr Mposha: Madam Speaker, I want to thank the hon. Member of Parliament for Lufubu for that question.

 

Madam Speaker, as I indicated, we are in the process of investigating the possibility of the presence of heavy metals in the water and the environment. In a situation whereby, we have high levels of heavy metals in the water, it might also imply that the fish will be consuming some of the heavy metals. So, it would be irresponsible for the Government to rush the process and lift the suspension. The hon. Minister of Fisheries and Livestock ably handled this matter when he responded to the question earlier in the week or sometime last week from the hon. Member of Parliament for Lufubu.

 

Madam Speaker, at an opportune time, we will inform the nation and this House when the suspension will be lifted to allow people to fish. For now, my appeal is that let us work together. The hon. Members of Parliament in the affected areas should discourage people from fishing until such a time when an in-depth investigation is carried out and the results of what is contained in the water are known. Therefore, I wish to appeal to the hon. Member of Parliament to advise his people to be a bit patient. We are running with the process and it is in the best interest of the people to ensure that they know what they are consuming. I sympathise with the fact that this has affected the fishing business, particularly in his constituency. I want to assure him that we will run the process very quickly to ensure that the results are known, and once they are known, action will be taken thereafter.

 

I thank you, Madam Speaker.

 

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

 

Madam Speaker: This is an indication for a point of order.

 

Mr Kolala: Madam Speaker, the question to the hon. Minister was simple. It was about the timeframe. If something is being done then, it is known and it has a timeframe. Why can the hon. Minster not tell us the timeframe so that we know when the process will finish? Is he in order to not give us the timeframe and leave the statement vague, that he does not know when it will end?

 

Madam Speaker: The hon. Member is trying to ask a question through the back door. The hon. Minister is in order because the process of making sure that heavy metals are dealt with takes time. It is a process that needs to be verified once in a while.

 

I do not believe, hon. Member for Lufubu, you would encourage the people you represent to start fishing in the river that is infected with chemicals because then, you will be killing the people you are representing. Who is going to vote for you if you kill them? That was on a lighter note but, please, allow the process to be completed so that when people are either eating, drinking water or farming, they are doing it from a safe and clean environment. So, the hon. Minister is in order. What you can do hon. Member for Lufubu, and other hon. Members who have an interest in this issue, is to continue engaging the hon. Minister so that you see how this issue can be dealt with within the desired timeframe.

 

Let us make progress.

 

_______

 

MOTION

 

COMMITTEE ON LOCAL GOVERNANCE, HOUSING AND CHIEFS’ AFFAIRS

 

Mr Mutinta (Itezhi-Tezhi) Madam Speaker, I beg to move that this House adopts the Report of the Committee on Local Governance, Housing and Chiefs’ Affairs for the Fourth Session of the Thirteenth National Assembly laid on the Table of the House on 9^th July, 2025.

 

Madam Speaker: Is the Motion seconded?

 

Mr Kasandwe (Bangweulu): Madam Speaker, I beg to second the Motion.

 

Mr Mutinta: Madam Speaker, pursuant to Standing Order 207 of the National Assembly of Zambia, Standing Orders, 2024, the Committee was mandated to consider the Performance Audit Report of the Auditor-General on the construction, rehabilitation and maintenance of urban and peri-urban drainages between 2020 to 2023 for the Fourth Session of the Thirteenth National Assembly. I have no doubt that hon. Members, have had the opportunity to read the Committee’s report and, therefore, I will restrict my comments to the key findings from the audit.

 

Madam Speaker, the Ministry of Local Government and Rural Development is responsible for the construction, maintenance and rehabilitation of drainage structures in urban and peri-urban areas in Zambia. Pursuant to the Local Government Act No. 2 of 2019, the ministry has delegated this responsibility to local authorities.

 

Madam Speaker, the construction, rehabilitation and maintenance of drainages is essential in ensuring the flow of water and in turn prevention of waterborne diseases and flooding. However, most parts of this country continue to experience perennial floods as the construction of drainage infrastructure has for a long time been neglected while existing ones are neither rehabilitated nor maintained.

 

Madam Speaker, to address the challenges of property destruction, proliferation of waterborne diseases such as seasonal cholera outbreaks in the country and the disruption of livelihoods owing to buildings getting flooded and roads becoming impassable, there is a need to prioritise development planning and control across the country. In this vein, the Committee recommends that Local Government authorities be compelled to incorporate storm drainage master plans in their integrated development plans.

 

Madam Speaker, the report further reveals that the planning mandates of local authorities cover only 6 per cent of the country with the remaining 94 per cent being customary land. This poses a challenge for local authorities to undertake storm water management planning in areas, which are under customary land. This has led to challenges in addressing informal development, poor road networks and the absence of storm drains. In this regard, the Committee urges the ministry to engage the traditional leadership on the urgent need to actualise planning agreements across the country.

 

Madam Speaker, while funding remains a hindrance to the construction, rehabilitation and maintenance of drainages, lack of a well-organised waste management system also continues to contribute to the indiscriminate disposal of waste in our communities. In this regard, the hon. Minister of Local Government and Rural Development should review the strategies and the measures put in place to effectively implement the Keep Zambia Clean and Green Campaign.

 

Madam Speaker, as I end, let me thank you, and the Office of the Clerk of the National Assembly for the guidance and the support rendered to the Committee throughout its deliberations.

 

Madam Speaker, I beg to move.

 

I thank you, Madam Speaker.

 

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

 

Mr Kasandwe: Now, Madam Speaker.

 

Madam Speaker, thank you very much for the opportunity you have accorded to me to second this progressive Motion under consideration. I would also like to thank the chairperson of the Committee for the able manner in which he managed our deliberations. I would also like to extend my gratitude to the hon. Members who made themselves available at the time when we engaged witnesses.

 

 Madam Speaker, I will restrict myself to just a few comments on the effectiveness of the strategies that the Ministry of Local Government and Rural Development has put in place to ensure that drainages are constructed, rehabilitated and maintained. I want to identify one weakness among all the local authorities, whose mandate is to rehabilitate, construct and maintain drainages. One area I would like to comment on is the lack of initiative and pro-activeness by local authorities to ensure that that is done. It is a fact that this responsibility is for the local government. However, local authorities barely undertake these activities to ensure that our roads are protected. The Committee strongly urges the Ministry of Local Government and Rural Development to ensure that local authorities include the maintenance and management of drainages in their annual activity plans so that our roads can last longer.

 

Madam Chairperson, another point I would like to talk about is the retention of the requisite staff within local authorities. It is difficult for local authorities to rehabilitate, maintain and construct drainages in urban and peri-urban areas because they lack the requisite staff, such as engineers. When engineers are engaged or employed in local authorities, they usually migrate to other organisations. They do not stay long because of poor salaries; they are not well-remunerated. So, the Committee would like to, once more, urge the Ministry of Local Government and Rural Development to ensure that engineers engaged in local authorities are paid properly as this will motivate them to stop migrating to other organisations.

 

 Madam Speaker, my last comment is on the inclusion of storm water drainage strategies in the integrated development plans (IDPs). First of all, I would like to take this opportunity to thank the ministry for making sure that all local authorities in this country come up with IDPs. This is a plus because it will help local authorities plan and develop districts in the country. Unfortunately, the aspect of storm water infrastructure is usually not catered for in the IDPs. So, the Committee would like to encourage the hon. Minister to ensure that, going forward, the strategies on how storm water is going to be harnessed are included in the IDPs.

 

Madam Speaker, I second the Motion.

 

I thank you, Madam.

 

Mr Tayengwa (Kabwata): Madam Speaker, I am grateful to you for giving me the opportunity to support the Motion that has been ably moved by the hon. Member of Parliament for Itezhi-Tezhi and seconded by the hon. Member for Bangweulu.

 

Madam Speaker, the issue of drainages in our country is something that we cannot shy away from talking about. When you look at our communities, especially in Lusaka Province, you will see that they were constructed many years ago. For instance, the drainages in the Kamwala trading area were constructed way back; probably fifty years ago, but we are still relying on them. When we receive heavy rainfall, we always experience a mini Kuomboka Ceremony in our communities because of lack of proper drainages. Some of the drainages have outlived their usefulness. Some of them were built underground. So, I think that the drainages that were constructed way back in the 1970s need to be redesigned so that water can flow. Right now, if you look at how water flows, you will see that the drainages constructed in our communities tend to gather water and the water fails to flow. When you want to construct a drainage system, you need to first understand the slope and the type of soil that is where you are going to construct the drainage. Also, you need to know the place where the water is going to go. As far as I am concerned, if you look at most drainages constructed in Lusaka, you will see that they do not have an outlet for water to easily flow. As a result, water collects within the central business district (CBD). For instance, during the rainy season, Kulima Tower Bus Station is an eyesore. You cannot like the place because it gets flooded as a result of poor drainage.

 

Madam Speaker, it is for that reason that I feel that the Lusaka City Council (LCC), the local authority mandated to look after the drainage system in Lusaka, needs to come on board and ensure that proper drainage systems are constructed in our communities, including the CBD. We are grateful for what the Zambia National Service (ZNS) has done in Kabwata under the Disaster Management and Mitigation Unit (DMMU). We never experienced serious flooding in the last rainy season or the previous one because a proper drainage system has been maintained. However, some of the drainage systems that have been built do not have an outlet to let water pass into the Bombay Drainage.

 

Madam Speaker, let me also talk about maintaining drainages. We have a huge challenge in our communities with maintaining drainages. The challenge we are facing is that residents themselves are dumping garbage into drainages. For instance, when you go to the Bombay Drainage, you will find that it is full of garbage dumped by citizens within our communities. I believe that this is a serious issue that we need to look at. The LCC does not need to wait for the rainy season and floods before moving on site. It is high time the engineering department, together with the city planners, ensured that drainages are cleaned. The Government has given us what we call the Cash-for-Work Programme, which is implemented through Ward Development Committees (WDCs). Let us utilise the opportunities that the Government has given us to clean up drainages.

 

Madam Speaker, I also think that the LCC, as a local authority, needs to up its game. For instance, most of the people in the planning department basically sit in their offices. They do not go out to check how people are constructing drainages on waterways. They are not going out to see how people are constructing wall fences, offices and shops right on waterways. Today, if you go to Kamwala South, you see that year in year out, in the rainy season, we face the same challenges because individuals have constructed some drainages on roadsides or waterways. Again, this issue is about responsibilities within our communities. Most people in the communities where we come from are not responsible. There are people who get garbage and dump it right in the drainage. As a result of that, drainages are blocked.

 

Madam Speaker, let me also talk about the Engineering Department. There is a need to capacitate the department so that it can start monitoring and supervising the construction of some of the drainage systems, especially under the CDF. An engineer may only visit the sites of most of the drainage systems that are constructed under the CDF three or four times, then, leave the project to the contractor. When we allow that kind of laissez-faire, the workmanship of the project will be of poor quality. So, let us ensure that monitoring and supervision are done by qualified engineers from our local authorities.

 

Madam Speaker, let me also talk about funding. I understand that funding is a challenge, especially when it comes to constructing some drainage systems. I would like to call upon the Ministry of Local Government and Rural Development to ensure that funding is provided so that we can construct proper drainage systems and clean up those that are blocked by garbage that is dumped in them.

 

Madam Speaker, with those few comments, I support the Motion that is on the Floor of the House.

 

Madam Speaker, I thank you.

 

Mr Chinkuli (Kanyama): Madam Speaker, thank you for this opportunity you have given me to add a voice to the debate.

 

Madam Speaker, it would be unfortunate if I did not add a voice to the topic on drainage systems because I believe that the people of Kanyama are the most affected. I just want to look at the observations and recommendations of the report. I am aware that construction, rehabilitation and general maintenance of drainage systems is mandated to the local authorities, and they do not work in isolation; they work with the National Council for Construction (NCC), the Road Development Agency (RDA), and the Engineering Institute of Zambia (EIZ). Now, looking at the way things are happening, I do not think there is co-ordination among these institutions. I just want to look at what is there. If you look at certain drainage systems that are being constructed by contractors, you will see that they look like some people are just gathered, given hoes and instructions to dig, and then that is called a drainage system. That kind of outcome motivates our children to start dumping garbage into those channels. I call them channels, not drainages. I have an example I can give, like in the case of my constituency.

 

Madam Speaker, we are talking about funding, which is cardinal if one wants to achieve whatever needs to be achieved. However, there is a saying that for people to have confidence in you and for them to give you more, you need to utilise the little funds that you are given. Coming back to the Constituency Development Fund (CDF), we propose certain amounts towards drainage systems, but what is being worked on are shallow portions that, at the end of the day, children look at them as places to dump garbage. Funding is given. The question is: Does it land on safeguarded institutions that efficiently utilise it? I would say that we should fund drainage projects like yesterday, but do we have engineers who will utilise those funds for what is required? The answer is no. We do not have. They may be there, but we do not see their work.

 

Mr Nkandu: Hear, hear!

 

Mr Chinkuli: Madam Speaker, I would urge the local authorities to utilise the little funds that come from the CDF. Let them prove to us what they can do if they are given huge sums of money. Then we will all stand.

 

Mr Nkandu: Quality!

 

Mr Chinkuli: Madam Speaker, I do not believe that there is no funding. Funding is there, but do the local authorities reserve some of what they are given to go towards drainage systems? That is not done. So, for us to propagate funding to them, we need to ensure that there are safety nets that have been put up to ensure that those funds are used prudently.

 

Hon. UPND Members: Hear, hear!

 

Mr Chinkuli: Madam Speaker, I just want to be as factual as possible. I am on the ground. When one investigates, one will see that what is happening currently is that when funds are propagated, those of us at the top are the ones who are doing those jobs, which makes it difficult for me to supervise or negate whatever those people are doing, because it is I who is doing that. So, if only safeguards are put in place, I think, funding drainage projects will be prudent.

 

Ms Sefulo: Hear, hear!

 

Mr Chinkuli: Finally, Madam Speaker, let there be co-ordination in the institutions so that we do not have the floods we experienced previously and this year, in places like Kanyama. I do not want us to motivate the President to grace those flood situations. He is too busy.

 

Ms Sefulo: Hear, hear!

 

Mr Chinkuli: Once he gives a directive, let that directive be followed. Madam Speaker, if we fail to do that, then we are not heading anywhere.

 

Madam Speaker, I thank you.

 

Hon. UPND Members: Hear, hear!

 

Mr Mutale (Chitambo): Madam Speaker, I am grateful to be given this opportunity to add a voice to the debate on the Motion to adopt the Committee’s report.

 

Madam Speaker, I would like to thank the mover and the seconder of the Motion, and the other debaters who have added their voices. Let me also thank the Committee for the wisdom to have thought about this important issue that has been affecting our country almost every year since we gained Independence. We are over sixty years old, as a country, yet we are still talking about floods and perennial diseases such as cholera. Even simple diseases like malaria come in because we do not care much about our drainage systems. Drainage systems become a subject matter when we have floods in this country. It is not something that we pay attention to. It pains me to discover that through your wisdom, you send hon. Members outside the country to learn about how other councils do things. An example is given of Rwanda. If one travels to that country and is in Kigali, their capital city, it would be sheer luck to even see a bubble gum wrapper or toothpick thrown on the ground anywhere. The kind of mentality that they have, as a people, and how much they care about the environment is amazing.

 

Madam Speaker, we need a mindset change to achieve what we are aiming for. In certain countries, they set a day meant for just cleaning the environment, unblocking drainage systems and doing extra work to ensure that their environment is maintained and that drainage systems, in particular, are taken care of. In this country, Zambia, a drainage would be well paved but some people would still scrap off the pavers, break them and steal the steel that is inside, while others would just create those drainages into dumping sites.

 

Madam Speaker, it is not the human resource, money or powers that be, that we lack in this country. We lack the mindset. Our culture has been tilted towards a reactive approach, rather than being proactive. We always want to react to situations once they affect us.  If there are no floods and diseases for now, we are okay. So, even if we integrate these issues in the reports that we submit to the councils, if there is no action, nothing will change. We need action-oriented people in this country. We need the mindset that will drive our future generation to another phase.

 

Madam Speaker, when we were still in school, we were told to pick up all the papers that were around the school.  While in school, we were told to sweep the premises. Children of nowadays do not do that at school. Somebody has to do that for them.

 

Madam Speaker, we have a drainage at the bus station near this Parliament. What I am  talking about is what you will meet if you go there. A storm drain was done, but people who sell their merchandise by the roadside throw the dirt there.  We do not need somebody to remind them that that is bad. It should be borne in mind that what they are doing is very wrong. If a wrong is not acted upon, it becomes a danger to the nation.

 

Madam Speaker, I like the report of your Committee as it talks about rural areas. Today, most councils in rural areas are all preoccupied with issues that can enable them achieve the Constituency Development Fund (CDF) goals. They have forgotten about other duties and services that they should provide as local authorities.   We have very few rural areas that have these storm drains.

 

Madam Speaker, another issue is the unplanned construction of buildings, which is a nightmare. People just wake up and start constructing, and our Government is embracing it.  As long as a community is growing, the Government will decide to legalise it without taking into consideration the future consequences of unplanned buildings and roads, which block the storm drains.  If such things are not taken care of, we shall be talking like we are singing a song. So, I would urge the Ministry of Local Government and Rural Development to take this report with the seriousness it deserves.

 

Madam Speaker, I know that we spent colossal sums of money as a nation to try to avert the realities of floods in this country. I was watching television and saw what floods did to a nation in Europe. Today, that nation is spending a lot of money.

 

Madam Speaker, as a nation, we should not start begging for funds to enable us clean up the dirt we caused due to negligence.  Let us work hard to ensure that our future generation manages to change what is happening today. There is no drainage that we can say has outlived its lifespan.  All drainages can be worked on and brought to life.

 

I thank you, Madam Speaker.

 

Mr Mung’andu (Chama South): Madam Speaker, I thank you for this opportunity. The issue of the drainage systems, as presented by your Committee based on the findings of the audit by the Auditor General clearly demonstrates that as a nation, we need to diagnose the root cause of the challenges regarding our drainage system.

 

Madam Speaker, many have argued that the appearance of cities denotes their financial capabilities. Most of our towns, including peri-urban areas, are not well planned. Even in well-planned areas, there is no enforcement of planning regulations.  For example, Kamwala South, for those of us who have been in Lusaka for a longer time, was planned to be a medium-density area. Now, it  has been turned into a high-density area. If we are not careful, the same will be replicated even in Kabulonga because the owners of the properties, as their income graduates, tend to move into far-flung areas.

 

Madam Speaker, you will agree with me that if I were to check where Her Honour the Vice-President lives, it should probably be 20 km or 15 km away from the city. However, with the property that she has in Kabulonga, she may want to put as many maisonettes as possible against the planning guidelines.

 

Madam Speaker: Order!

 

Mr Mung’andu: Madam Speaker, it is just an example.

 

Madam Speaker: I think that example is not appropriate. We are not allowed to debate ourselves. I will order that that part of the debate be struck off the Hansard.

 

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

 

Madam Speaker: A point of order is raised.

 

Mr Kafwaya: Madam Speaker, I realised that Her Honour the Vice-President has no defence in the United Party for National Development (UPND). However, is this guy in order …

 

Mr Mwiimbu, SC.: Question!

 

Mr Kafwaya: … to abuse our mother in this fashion, when he knows that our Standing Orders do not allow us to debate ourselves, for that matter, Her Honour Vice-President,  even if the issue is that the Madam has no defence there?

 

Mr Nkandu: Question!

 

Mr Kafwaya: Is he in order?

 

Hon. Government Members: Question!

 

Madam Speaker: Order!

 

Hon. Member for Lunte, you are not helping the situation. I have already guided, but now, with the language being used, the pointing and also the allegations made, I think the hon. Member for Lunte is out of order himself, having spoken after I had guided.

 

So, may the hon. Member for Chama South continue.

 

Mr Mung’andu: Madam Speaker, thank you for your guidance.

 

Madam Speaker, the hon. Member for Lunte needs to calm down. He seems to be so bitter and angry.

 

Hon. Government Members: Hear, hear!

 

Mr Mung’andu: Madam Speaker, I was trying to say that there is a need for us as a nation to enforce planning regulations.  We are having drainage challenges in most areas as a result of illegal encroachments. People have built on drainage systems. I will give an example of the Lumumba/Mumbwa Road Junction. It is now that I realise that on the right side, as you go to Mumbwa, there was a drainage, but the entire area has structures built on it.

 

Madam Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.     

 

[MR SECOND DEPUTY SPEAKER in the Chair]

 

Mr Mung’andu: Mr Speaker, before business was suspended, I was saying that there is a need for local authorities or, indeed, the Ministry of Local Government and Rural Development to ensure that the planning regulations are enforced. Most of our citizens are building on drainages. The Committee recommends that there is a need to establish structures specifically to oversee the drainage system in the country. To the contrary, structures are already there. There is the Department of Engineering in almost all the local authorities. We have planning departments, including directors, in almost all the planning authorities. What we simply need are for these departments to ensure that they enforce the law.

 

Mr Speaker, another point that I want to make is that we have a problem with engineers who design our roads, and I will give typical examples. When one is driving on Mosi-o-tunya Road, going to Lewanika Mall, there is a slope there. Similarly, if one is coming from Tokyo Way, going to Lewanika Mall, there is another slope. Check the drainage that has been constructed there. It leads nowhere. You design a drainage that is not leading anywhere. The situation is the same on Kafue Road. When it rains, Cosmopolitan Mall becomes more like a lake. I remember our colleagues, a few years ago, would shout pabwato, pabwato when that area got flooded because of a lack of drainage in the area. In short, there is a need for engineers to relook the entire topography of our settlements, typical example, Lusaka.

 

Mr Speaker, we have encroached even on the land that is supposed to be feeding us. Lusaka West was designed for farming activities, this is the reason you find good black soil in Makeni area, all the way to Apollo along Old Mumbwa Road. Those areas are supposed to be farming areas. The growth of the city is supposed to be gravitating towards the eastern side, Mikango area, because those areas are sloppy. It is very easy to design drainages in such areas. The water will easily collect. However, in Lusaka, there is only the Bombay drainage. Imagine putting drainage infrastructure in most areas because Lusaka has grown. The water that collects in Kamwala South can be directed into Bombay drainage because there is an area there that becomes waterlogged during the rainy season. People abandon their homes. So, there is a need for engineers and planners to sit down and plan. Unfortunately, it will need resources. To do that, we need resources. Foreign Governments have come in to help us, but we need to take the lead. We need to plan and allocate resources for the same. I submit, and support the report.

 

I thank you, Mr Speaker.

 

Mr Fube (Chilubi): Mr Speaker, thank you for giving me the opportunity, on behalf of the people of Chilubi, to add a voice to the debate on this important Motion.

 

Mr Speaker, we seem to be mopping the water from a leaking tap. I say so because we have overlooked many things in the manner that we are tackling this particular issue, and there are laws that we have not taken seriously.

 

Mr Mutelo: On a point of order, Mr Speaker.

 

Mr Second Deputy Speaker: A point of order is raised.

 

Mr Mutelo: Mr Speaker, I am sorry for interrupting the hon. Member of Parliament, who has just started his debate.

 

Mr Speaker, I am raising a point of order in accordance with Standing Order No. 71. The United Party for National Development (UPND) has won the by-election in Mukema Ward, in Kasempa, unopposed. I have sat here waiting to hear congratulatory messages from both your right and left hand side, but no one has done that. Therefore, before I finish raising my point of order, allow me to congratulate the UPND and the New Dawn Government for winning the Mukema Ward by-election unopposed. That ward is in Kasempa, where there is a gold rush.

 

Hon. Government Members: Hear, hear!

 

Mr Mutelo: Sir, is the House, on both sides, including the hon. Member who has just started debating, in order to not congratulate the UPND and the New Dawn Government for winning the Mukema Ward by-election?

 

Mr Speaker, I seek your serious ruling on this matter.

 

Mr Second Deputy Speaker: Hon. Member, I know that was on a lighter note because no breach has occurred on the Floor of the House. However, you are not out of order to congratulate the winning party. I think that has always been the practice. Hon. Members congratulate each other when debating. It brings a lot of peace and ensures that there is tranquillity on the Floor of the House.

 

Hon. Government Members: Hear, hear!

 

Mr Second Deputy Speaker: May the hon. Member who was on the Floor proceed.

 

Mr Fube: Mr Speaker, before I was distracted –

 

Interruptions

 

Mr Fube: I did not know about it. My focus is on the elections in 2026.

 

Laughter

 

Mr Nkandu: Question!

 

Mr Fube: Mr Speaker, I was saying that what is happening is like mopping water from a leaking tap. Let us take the example of Lusaka. At the time of Independence, Zambia had 3.5 million people. Since then, the population has been growing. Lusaka just had a small portion of the national population, but today, there are close to 3 million people in the city. Dr Kaunda and his team declared certain settlements as legal. For instance, Kaunda Square in Lusaka was given that status. Dr Kaunda even contributed some building materials for people who settled in Kaunda Square. That was part of the city planning. The idea was captured in the Town and Country Planning Act. Since then, there has been a mushrooming of compounds because of the rural-urban drift. People are pursuing all sorts of livelihood opportunities, such as employment. That is the background to the situation.

 

Mr Speaker, the population growth has put pressure on infrastructure, garbage management and public resource allocation. The report has stated that, as a country, we are reactively dealing with problems in peri-urban and urban areas. After people have settled is when we want to create water and sanitation networks. The widest tunnel in Lusaka, which is under Cairo Road, is not maintained, despite being built years ago. I am not talking about the Bombay Drainage. We only work on the tunnel when there are problems, such as floods and cholera outbreaks in Kanyama. That is when we want to attend to it to pump water out of the affected areas. We have been reactive, as opposed to being proactive, as someone said. I am just borrowing those words.

 

Mr Speaker, the prevailing situation has brought us to where we need to start analysing how laws, such as the Local Government Act, 2019, fit into the problems we are dealing with. How do laws such as the Town and Country Planning Act, which has a semblance of the colonial era, fit into the problems we are dealing with?

 

Mr Speaker, the Constitution of Zambia Act No. 1 of 2016, under Article 152, charges local authorities with the responsibility of dealing with the matters we are discussing today. However, the challenge arises from the structuring, planning, budgeting and financing of local authorities. How much are we allocating to the local authorities so that they have proper leverage to plan and achieve what is envisaged in the Constitution? Article 152 (2) states as follows:

 

“The national Government and the provincial administration shall not interfere with or compromise a local authority’s ability or right to perform its functions.”

 

Mr Speaker, the same Article under section (1) states the functions of a local authority. The Constitution has provided the legal framework for local authorities. So, how do subsidiary laws support the Constitution so that the legal and policy frameworks are in tune with what we are doing? Otherwise, even next year, we will come and talk about drainages in peri-urban and urban areas. We will not find answers because we have not realistically responded to the population growth and how infrastructure is positioned. We are responding to a symptom called the drainage system. Drainages are created for people who consume food every day to dispose of waste. They are supposed to take either liquid or solid material away from where people dwell to ensure a healthy environment.

 

Mr Speaker, we have created deliberate vulnerability because we have ignored what is supposed to help us. We have ignored the law. Once we ignore the law, we create problems. We are very relaxed, but things are going wrong. We overlook the law and treat the local government as a pedestrian organ of the Government. We do not give it the leverage and premium it deserves. As a result, there is too much interference from the Central Government. There is too much interference from the provincial administration in local authorities. The local government has been deprived of the necessary resources, thereby compromising its ability to perform the functions it has been mandated by the Constitution. All the revenue collected by local authorities ends up being part of the central system. I think, there is a need to start addressing certain things and naming them for what they are. We will continue to have problems if we do not attend to the many loose knots I mentioned.

 

Mr Speaker, I would have loved to go on, but time cannot allow me. So, in the interest of time, I would like to say that I support the report, but with the observations and reservations I have made.

 

I thank you, Mr Speaker.

 

The Minister Commerce Trade and Industry (Mr Chipoka Mulenga) (On behalf of the Minister of Local Government and Rural Development (Mr Sialubalo)): Mr Speaker, on behalf of the hon. Minister of Local Government and Rural Development, I wish to acknowledge and appreciate the mover of the Motion and the seconder, as well as all the hon. Members of Parliament who debated this Motion. Let me also take this opportunity to appreciate your Committee that produced this report.

 

Mr Speaker, the Ministry of Local Government and Rural Development has a broad mandate premised on delivering municipal services and infrastructure development through local authorities to effectively and efficiently contribute to sustainable socio-economic development. Some of the functions that we are mandated to discharge have been discussed, and I was taking note, and we will take most of the issues raised to the ministry for it to act upon them.

 

The ministry’s broad mandate, Mr Speaker, includes infrastructure development, especially the construction, maintenance and rehabilitation of drainages, as reported by the Committee on Local Governance, Housing and Chiefs' Affairs.

 

Mr Speaker, drainage infrastructure plays a critical role not only in terms of increasing the lifespan of our roads, but also in promoting the public health of our people, especially those in urban and peri-urban areas. The ministry, therefore, wishes to thank your Committee for highlighting the need to provide policy guidance to our local authorities with respect to the construction, maintenance and rehabilitation of the greenhouses in urban and peri-urban areas, as that will provide a standardised way of managing that critical infrastructure across the country. My ministry further wishes to commit itself to ensuring that the Integrated Development Plans (IDPs) of local authorities that have not made provision for the construction and rehabilitation of greenhouses are revised to accommodate this need.

 

Mr Speaker, drainages are expensive to construct and maintain. Further, sometimes, local authorities may not have sufficient funds from their local resources to undertake that important assignment. The ministry, therefore, takes note of the guidance given by the Committee on engaging Ward Development Committees (WDCs) to make them see the importance of using the Constituency Development Fund (CDF) funds on the construction, maintenance and rehabilitation of drainages, like has been demonstrated in in many wards of Chingola Constituency, where greenhouses have been constructed using CDF funds.

 

Mr Speaker, it is my sincere hope that my fellow hon. Members of Parliament will support this initiative, bearing in mind that they play a critical role in the decision-making process on the programme and utilisation of the CDF.

 

Mr Speaker, the CDF has facilitated an improvement in the construction of drainages and improvement of sanitation in different areas of Chingola Constituency, namely Chingola Central Ward and Chabanyama Ward.

 

 Mr Speaker, traditional leaders also play a key role in the socio-economic development of their chiefdoms, which includes co-ordinated planning on the construction of drainages. The ministry has, therefore, started having conversations with the traditional leaders on the importance of signing planning agreements in accordance with the Urban and Regional Planning Act No. 3 of 2015. Through the planning agreements, the ministry hopes traditional leaders will consent to having standard spatial and socio-economic plans for their chiefdoms that will include planning where every infrastructure, including roads and drainages, ought to be in their chiefdoms. The conversation has commenced and, so far, Their Royal Highnesses are fully committed and appreciate the importance of the agreements.

 

 Mr Speaker, the management of drainage infrastructure is not a responsibility of the Government alone and, as such, the ministry will continue to engage all the relevant stakeholders to ensure that we have a common and integrated approach to taking care of our drainage infrastructure. The problem of maintaining drainage infrastructure includes the indiscriminate disposal of plastics which, ultimately, causes blockages, leading to not only poor functioning of the limited drainage infrastructure, but also its damage. To this effect, the ministry will continue to disseminate awareness messages on the importance of ensuring that drainages are not made disposal sites for garbage, especially plastics. A number of key messages have already been developed, courtesy of the Keep Zambia Clean campaign.

 

Mr Speaker, as I conclude, I want to thank your Committee for the valuable guidance it has provided to the ministry on this very important subject of construction, maintenance and rehabilitation of drainages. Following the Auditor-General's Report for the Financial Year 31^st December, 2020, to 31^st December, 2023, the ministry, working with other key stakeholders, will ensure that your Committee's recommendations are fully implemented.

 

Mr Speaker, I thank you.

 

Mr Mutinta: Mr Speaker, I would like to thank the vice-chairperson of the Committee for seconding the Motion. I also want to extend my appreciation to all the hon. Members who ably debated and appreciated the report. The hon. Member for Kabwata emphasised the need for maintenance of drainages and consideration of the way our people dispose of waste to avoid worsening the situation while the hon. Member of Parliament for Kanyama, the headquarters of flooding, bemoaned the poor quality of works done by most councils in the management of drainages. The hon. Member for Chitambo also appreciated this report, as did the hon. Members of Parliament for Chama South and Chilubi, who agreed with the contents of the report.

 

Mr Speaker, I thank the hon. Minister for the assurance given to the effect that his ministry is going to address the many challenges that have been highlighted in this report. Most importantly, he has assured us that the Integrated Development Plans (IDPs) of most councils will be revised so that they encompass issues around drainage management, and the need for Ward Development Committees (WDCs) and many stakeholders, such as the chiefs, to come on board so that we can address the challenges that our cities are facing with regard to drainage management in our country.

 

Thank you so much, Mr Speaker, and I beg to move.

 

Question put and agreed to.

 

______

 

BILLS

 

SECOND READING

 

THE SUPPLEMENTARY APPROPRIATION (2025) BILL

 

The Minister of Finance and National Planning (Dr Musokotwane): Mr Speaker, I beg to move that the Bill be now read a second time.

 

Mr Speaker, following approval of the Supplementary Estimates No. 1 of 2025, that will provide additional resources with which to carry out essential services by the Government during the financial year ending 31^st December, 2025, I now have to return to this Chamber with the necessary legislation to give effect to the resolution of the House.

 

Mr Speaker, the Bill before the House, therefore, is intended to authorise supplementary expenditure from the consolidated funds not exceeding the aggregate K33,577,125,966.

 

Mr Speaker, the Supplementary Estimates of Expenditure No. 1 of 2025 have been thoroughly debated in this House, and I do not expect it to attract another debate. Accordingly, I beg to move.

 

I thank you, Mr Speaker.

 

Mr Kafwaya (Lunte): Mr Speaker, in offering support to the hon. Minister of Finance and National Planning, I have two questions to ask. The first question is based on the object of the Bill, and the second is based on Head 31 – Ministry of Justice.

 

Mr Speaker, the object of the Bill is to authorise the Supplementary Expenditure from the consolidated funds of monies required for the services of the Republic during the financial year ending on 31^st December, 2025, in excess of monies appropriated for the services of the Republic by the Appropriation Act, 2024.

 

Mr Speaker, from what I understand, the Appropriation Act, 2024, provided for money to be utilised from 1^st January to 31^st December, 2025. This particular Bill is seeking approval for money to be offered over and above what was provided in the Appropriation Act, 2024. In other words, what was provided in the 2025 Budget. This is the expenditure side of the Supplementary Appropriation. On the income side, there is a total of K33.6 billion, the same as the expenditure. In that amount, the hon. Minister has K11 billion, to be specific, K10.99 billion, which is money declared as savings from the 2024 Appropriation Act. I want to put it clearly to the hon.  Minister that the K11 billion is already sitting in the Appropriation Act, 2024 and is being provided again in the Supplementary Appropriation Budget. My question for which I will seek an answer, is: How can the hon. Minister have K10.99 billion in both the Appropriation Act and the Supplementary Appropriation Act for the same year? That is the first question.

 

Mr Mwiimbu, SC.: On a point of order, Mr Speaker.

 

Mr Kafwaya: Mr Speaker, the second question is based on –

 

Mr Second Deputy Speaker: A point of order is raised.

 

Mr Mwiimbu, SC: Mr Speaker, I find it very difficult to appreciate the submissions of my colleague, who is a Member of the Committee …

 

Hon. UPND Members: Yes.

 

Mr Kafwaya: Which Committee?

 

Mr Mwiimbu, SC.: … that recommended and supported this particular Motion. Is he in order to start questioning the hon. Minister of Finance and National Planning, and his own recommendation as a Member of the Committee? I do not have a specific provision, but I take it he can have  judicial notice pertaining to the precedents and practices of this House.

 

Hon. UPND Members: Hear, hear!

 

Mr Mwiimbu, SC.: Mr Speaker, is he in order to start questioning figures, which he already agreed to, instead of debating?

 

Interruptions

 

Mr Second Deputy Speaker: Order!

 

To start with, in as much as the rules allow hon. Members of a particular Committee to debate a report on the Floor of the House, that they are part of as Members, the principle that is enshrined in the Standing Orders is that one can neither go against the report nor question the standing of the same report. So, the hon. Member for Lunte should desist from such practices. When one is part of the Committee, one is part of it and cannot go against its report. So, the hon. Member should ensure he debates within the context of the report because he agreed to it. Please, ensure that you oblige to my guidance.

 

You can proceed.

 

Mr Kafwaya: Mr Speaker, thank you so much. I think I did not finish reading the object of the Bill or the content of page 1.

 

Mr Speaker, this particular Bill was signed by M. D. Kabesha, Attorney-General. I do not belong to any Committee with Mr Kabesha, …

 

Hon. UPND Members: Aah!

 

Mr Kafwaya: … but I will proceed.

 

Mr Second Deputy Speaker: Hon. Member, that is why I have guided you.

 

Mr Kafwaya: Thank you, Mr Speaker.

 

Mr Second Deputy Speaker: So, if you want to proceed, do not go against my guidance.

 

Mr Kafwaya: Mr Speaker, I refer to Head 31 – Ministry of Justice, Programme 4167 – Legal Services.  The hon. Minister has provided an amount of K60 million to supplement legal services.

 

Mr Nkandu: Question!

 

Mr Kafwaya: I have in mind the legal battle in South Africa where the Government is listing the people to sue and then adjust it.  I just want to be clear –

 

Mr Second Deputy Speaker: Hon. Member, may you resume your seat.

 

I have curtailed your debate.

 

Mr Fube (Chilubi): Mr Speaker, I will also raise questions on the process. Many of the questions will be based on what our Constitution states.

 

Mr Speaker, Article 8 of our Constitution talks about national values and principles. Further, Article 9, clause 1, requires that every Arm of the Government and institution, which implements programmes for the Government should follow the national values. I know that some people may think that I am starting my debate from very far, but I will qualify it.

 

Mr Speaker, what I am talking about is that Article 9 (1) states:

 

“The national values and principles shall apply to the —

 

1. interpretation of this Constitution;

 

(b)     enactment and interpretation of the law; and

 

(c)     development and implementation of State policy.”

 

Mr Speaker, that is what Article 9 (1) of the Constitution states.

 

Mr Speaker, I will start with the objective of the Bill, which is as follows:

 

“The object of this Bill is to authorise supplementary expenditure from the Consolidated Fund of monies required for the services of the Republic during the financial year ending on 31^st December, 2025, in excess of monies appropriated for the services of the Republic by the Appropriation Act, 2024.”

 

Mr Speaker, Article 200 (1) of the Constitution talks about the Consolidated Fund, and the funds that are supposed to be in the Consolidated Fund are supposed to be credited, not debited, and it states as follows:

 

“200. (1)     there shall be a Consolidated Fund to which shall be credited the revenues and other monies accruing to the Treasury.”

 

Mr Speaker, it does not mention debited, but credited.

 

Mr Speaker, this brings me to the issue of K10.9 billion, which has been included in this particular Bill. I am a layperson. I have never done accounts but, I think, it is standing in the legal quagmire.

 

Laughter

 

Mr Fube: Mr Speaker, this money was appropriated in 2024, and captured in the objective. However, when we look at its entry this time around, it is entering as a saving in the Supplementary Budget, and me, who is a layperson, I am lost, according to the objective that has been stated.

 

Mr Speaker, further, Article 202 of the Constitution of Zambia (Amendment) No. 2 of 2016 talks about the hon. Minister specifying the maximum limit that the Government intends to borrow or lend in that financial year. That is what Article 202 states.

 

Mr Speaker, when we look at this, we know that the Budget was presented and the implementation of the activities started in January, 2025. If the implementation of the activities started this year, I am at a loss on how we do our budget planning and many other things, especially that much of what has been prepared in the Bill before this House is to service debt and many other factors.

 

Mr Speaker, this means that if we saved K10.9 billion, and then, we borrowed here and there, it would give an amount of K33 point something billion. If you knock out K10.9 billion, we will remain with K22.6 billion, which is 65 per cent of what has been proposed in this budget. To me, that is at a crossroads with what is constitutionally required.

 

Mr Speaker, further, Article 203 (1) states the following:

 

“203. (1)    where estimates of the revenue and expenditure have been approved by the National Assembly in accordance with Article 202, the Minister responsible for finance shall lay, before the National Assembly for enactment, an Appropriation Bill in respect of the approved estimates of expenditure.”

 

This particular Article, Mr Speaker, speaks to the same factor, the constitutional arrangement. I know, for instance, that the Public Accounts Act comes in and many other factors, but the Constitution remains supreme in the way we do things. As a defender of the Constitution, as it allows me in Article 2 to defend it, I doubt the particular sitting of this Bill because the Constitution itself in Article 1, says that anything that is repugnant to the Constitution or inconsistent should be ignored because of that inconsistency.

 

Mr Speaker, given this background, the budget process includes, among other things, the Eighth National Development Plan (8NDP) and many factors. This means that these things are supposed to be in tune and in tandem but whether they are in tandem, that question can be asked by other people and the technocrats in the Ministry of Finance and National Planning. I do not know if all comparisons are being made when we are doing these things so that at the end of the day, we arrive at the station where the Budget or Supplementary Budget is legally in tune.

 

Mr Speaker, I thank you.

 

Dr Musokotwane: Thank you, very much, Mr Speaker, –

 

Mr Second Deputy Speaker: Order!

 

Hon. Sunday Chanda and Hon. Lubusha, you are making another meeting there.

 

May the hon. Minister proceed.

 

Dr Musokotwane: Madam Speaker, thank you very much.

 

Mr Speaker, I want to thank the House for supporting the Appropriation Bill.

 

Mr Speaker, clearly, if you listened carefully, the majority of the hon. Colleagues here overwhelmingly supported the Bill, notwithstanding the fact that two colleagues were trying to cause some confusion but, maybe, that is their right to cause confusion in the House.

 

Laughter

 

Dr Musokotwane: Mr Speaker, the matter is very simple. When we are talking about the Appropriation Bill, we are merely saying that after having discussed the proposed expenditures and accompanied measures, we are now at the stage where Parliament should give legal effect to each and every one of those proposed expenditures. That is what appropriation means.

 

Madam Speaker, before that, we debated in the Committees and here, all the issues to do with expenditures like debt servicing, and people asked questions and we clarified. So, there is no need of causing confusing, casting aspersions or asking questions as to whether what we are doing is legal or not, because this is precisely what has been happening for years and years.

 

Mr Speaker, the former hon. Minister is aware of that. They passed the Bill in this Parliament. He knows what appropriation means, and he defended it. We are just doing what they have been doing for years and years so, there is no need of using big words and causing complications. The Bill is simple and straightforward. We are just giving it legal effect to the expenditure that we have already debated.

 

Mr Speaker, I thank you. 

 

Hon. Government Members: Hear, hear!

 

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

 

Committed to the Committee of the Whole House.

 

Committee on Wednesday, 23^rd July, 2025.

 

THE ANIMAL HEALTH (Amendment) BILL, 2025

 

The Minister of Fisheries and Livestock (Mr Kapala): Mr Speaker, I beg to move that the Bill be now read the second time.

 

Mr Speaker, the object of the Bill is to amend the Animal Health Act, 2010, so as to revise the manner of identifying and tracing an animal, animal product and animal by product.

 

I thank you, Mr Speaker.

 

Mr Second Deputy Speaker: The chairperson of the Committee on Agriculture, Lands and Natural Resources may take the Floor.

 

Mr Michelo was absent from the House.

 

Mr Second Deputy Speaker: If he is not around, the vice-chairperson of the Committee may take the Floor.

 

Interruptions

 

Mr Second Deputy Speaker: Is the vice-chairperson or any hon. Member of the Committee present?

 

Interruptions

 

Mr Second Deputy Speaker: Order, hon. Members!

 

Avoid debating while seated.

 

Interruptions

 

Mr Second Deputy Speaker: Order!

 

Since the hon. Member is in another Committee sitting, and the Standing Orders allow me to alter the progression of business, we shall come to this Bill later on.

 

Let us go to another Bill.

 

Interruptions

 

Mr Second Deputy Speaker: An hon. Member of the Committee has come?

 

Mr Malambo (Magoye): Mr Speaker, thank you very much.

 

Mr Speaker, in order to align the Animal Health Act No. 27 of 2010 with the –

 

Interruptions

 

 Mr Second Deputy Speaker: Order, hon. Members!

 

You are disturbing the hon. Member.

 

Mr Malambo: Mr Speaker, I will read that again. The Animal Health Act No. 27 –

 

Interruptions

 

Mr Second Deputy Speaker: Order, hon. Members!

 

Let us avoid debating while seated. Let us avoid disturbing the hon. Member. He is the one with the script. So, let him continue reading.

 

Mr Malambo: Mr Speaker, thank you.

 

Mr Speaker, in order to align the Animal Health Act No. 27 of 2010 with the Animal Identification and Transparency Act No. 2 of 2024, –

 

Mr Malambo resumed his seat.

 

Interruptions

 

Mr Second Deputy Speaker: Hon. Member, proceed. You have the Floor. Proceed, proceed, proceed.

 

Laughter

 

Hon. PF Members: Hear, hear!

 

Mr Malambo: Mr Speaker, this speech is supposed to be delivered by the chairperson of the Committee on Agriculture, Lands and Natural Resources on the consideration of the Animal Health (Amendment) Bill No –

 

Mr Second Deputy Speaker: Order, hon. Member!

 

Like I suggested, your Committee should put its house in order. We will come back to the Bill later. There is no harm in that. We will still come back to that business. After all, the House has given power to the Speaker to do that. So, we will still come back to that order.

 

Let us go to the next order.

 

THIRD READING

 

The following Bill was read the third time and passed:

 

The Closed-Circuit Television Public Protection Bill, 2025.

 

Mr Fube: On a point of order, Sir.

 

 Interruptions

 

Mr Second Deputy Speaker: Order!

 

Let us avoid debating while seated.

 

_______

 

REPORT OF THE COMMITTEE ON CABINET AFFAIRS ON THE REVIEW OF THE MANAGEMENT AND OPERATIONS OF THE OFFICE OF THE PUBLIC PROTECTOR

 

(Debate resumed)

 

Mr Kafwaya: Mr Speaker, when the House adjourned yesterday, I did my best to illustrate how the Office of the Public Protector is underfunded. I tried to make the case that the office should be provided with more funds so that it can execute its mandate. I expressed surprise that the Ministry of Finance and National Planning, which is supposed to offer the financial enhancement, is at the forefront claiming that the office has not justified its importance for the ministry to consider giving it more money. As we begin the budgeting process for 2026, which will is in the next few months, I would like to appeal to the hon. Minister of Finance and National Planning to ensure that a decent ceiling is provided to that office.

 

Mr Speaker, there is too much maladministration in this country. The House and many people may be aware that the Anti-Corruption Commission (ACC) and Drug Enforcement Commission (DEC), which fall under the Office of the President, have their hands tied. That is why they cannot undertake effective investigations. The Office of the Public Protector could have protected the people of Zambia from the unconstitutional sale of 51 per cent shares in Mopani Copper Mines Plc, and the unconstitutional transfer of the Lusaka/Ndola Dual Carriageway, but the office has no money. The hon. Minister should remember that the ministry is paying many people who are in holding positions at the Cabinet Office. More than 400 civil servants are paid every month, but they do nothing. That office can help the ministry to arm-twist the Government, which is bent on illegal transactions.

 

Mr Speaker, I strongly recommend that the hon. Minister have a heart for the Office of the Public Protector so that it can be given the same funding as the DEC in the next financial year, which is tied down by being covered under the Office of the President and is just executing the instructions of the Executive.

 

Mr Speaker, I thank you.

 

Hon. UPND Members: Question!

 

 Mr Fube (Chilubi): Mr Speaker, thank you for giving the people of Chilubi an opportunity to add a voice to the debate on the Motion to adopt the report.

 

Mr Speaker, for starters, I would like to agree with many of the recommendations that your Committee has made. Having agreed with many of the factors –

 

Interruptions

 

Mr Fube: Iwe naiwe, ulepanga icongo. Stop disturbing me.

 

Mr Speaker, the report has captured many things, it started by referring to Article 243 of the Constitution, which provides for the creation of the Office of the Public Protector. I am more interested in Article 243(3) and (4). Constitutionally, the office is supposed to be established at the national, provincial and district levels. That alone invites resources. Article 243(4) states how finances, personnel and other factors that are supposed to go towards the office should be managed. The Article states that, “… shall be prescribed”, meaning that the office should be anchored with an Act of Parliament.

 

Mr Speaker, what does the Office of the Public Protector respond to? The office responds to the factors under the values and principles in the Public Service, which are in Part II of the Constitution. The values and principles in the Public Service are professional ethics and accountability, effective and efficient implementation of Government programmes, fairness, legality and reasonableness. Given that particular background, I realise that the office is amputated, has no spine and does not respond to those factors. What has been the avenue for citizens? One finds that some of the issues that the office is supposed to respond to are tackled through judicial reviews by citizens, which can prove to be an expensive undertaking because citizens have to engage lawyers for them to go that route. As the Government, we are not fulfilling the obligations we are supposed to through that office.

 

The report, Mr Speaker, has made many comparisons on how the Office of the Public Protector is funded, relative to other Government institutions. The report has demonstrated through tables on the comparisons that were made, I am sure those who have read it can agree with me. I agree with those comparisons, as I borrow from what Hon. Kafwaya said yesterday, that in the rat race of financial commitment, the office has remained an orphan, yet the Constitution positions it as a giant. Articles 243 to 248 of the Constitution, which contain a provision about the office reporting to this Parliament, tabulates clearly what is supposed to be done in that office. Alas, we have not paid attention because we have not committed enough resources, meaning that some of the things that we are doing are affecting the running of the Government.

 

Mr Speaker, I mentioned that the Office of the Public Protector is supposed to respond to the values and principles in Article 8 of the Constitution. How do those values and principles help the nation? We know that this nation is grappling with corruption, which can be petty, institutional or grand. Allow me to isolate institutional and grand corruption. If we are not careful and cannot give the office enough teeth to bite, as it has been given by the Constitution, not me, and what is supposed to be tabulated, it means that it has the same powers as the High Court. However, the office has been beaten by offices whose work is primarily the investigation of crime or criminal law.

 

Mr Speaker, I know that the Office of the Public Protector is forbidden from investigating criminal cases, but it has its own department that it facilitates. However, we will be flogging a dead horse if today, we say that the Office of the Public Protector has done this and that, whilst overlooking the constitutional stipulations.  Article 244 (4) of the Constitution states that the Office of the Public Protector has been given teeth to bite.  However, what we are saying is that today, the office has no teeth. In Bemba, we say, ili nemichene, meaning it is toothless. This means that what is stipulated in the Constitution is not backed by practice. Even when we meet in September, I know that the Office of the Public Protector will part away with a paltry amount, and will fail to implement what the constitution states.

 

Mr Speaker, I am knocking on the door of my fellow Parliamentarians, specifically, the hon. Minister of Finance and National Planning, that if we are to have some order in the Civil Service, we need to fund the Office of the Public Protector so that it can even help us fight institutional and grand corruption, which may be going under the carpets of the –

 

Mr Second Deputy Speaker: Order!

 

The hon. Member’s time expired.

 

Mr Second Deputy Speaker: Your time is up, hon Member.

 

Mr Fube: Thank you, Mr Speaker.

 

Mr Mung’andu (Chama South): Thank you, Mr Speaker, for giving me the opportunity to debate.

 

Mr Speaker, let me thank the mover and the seconder of your good report of the Office of the Public Protector. What is the function of the Office of the Public Protector? I think I will start my debate from there.  We have to understand that the governance system or systems have established institutions that play the oversight role. In our case, we have the three Arms of Government, which, in an ideal situation, should operate independently. As Parliament, we make laws. The Judiciary interprets the law. The Executive discharges executive functions through different institutions.  It is the duty of the Office of the Public Protector to ensure that the functions that are being discharged in these institutions are in accordance with established procedures, protocols, as well as the law. In short, the Office of the Public Protector is an administrative office that checks and ensures that public institutions make decisions within the confines of the law and established procedures. Therefore, its core mandate is to investigate complaints of maladministration.

 

Mr Speaker, what defines maladministration? It is a broad context that involves decision-making. Are decisions made by our institutions within the confines of the law and established procedures, or indeed, are they ultra-vires? If decisions are ultra vires, it is the function of the Office of the Public Protector to ensure that writs, such as writs of Mandamus are applied. I know, as politicians, we are so accustomed to writs of Habeas Corpus because, at times, we are detained for a prolonged period. However, among the administrative remedies to maladministration, we have other writs that are moved from the High Court. How many of such writs have been moved by the Office of the Public Protector? If none, does it mean that we are not making administrative errors as a nation? That should be a source of concern.

 

Mr Speaker, the Public Protector Act No. 15, which we are using now, has spelled out the functions of the Office of the Public Protector. Among them is to investigate maladministration in our institutions. It is supposed to have provincial and district offices. Section 10, has even conferred immunity on our officers in the Office of the Public Protector. The question is: Are we giving that office enough resources? There is this misconception that we are getting, that the Office of the Public Protector is there to detect corruption, but that is the function of the Anti-Corruption Commission (ACC). Its mandate is to ensure that there is minimal maladministration in our public institutions.

 

Mr Speaker, indeed, when it comes to resources, we can do better, and we admit. We have competing needs. No wonder certain things are implemented in phases. We believe the hon. Minister will look into the plight of this very important office, which is there to check the actions of policy implementers. It is for the good of the public. It is there to protect the public. However, the report shows that this office is complaining about financing. I know we have a capable hon. Minister of Finance and National Planning, who has made us navigate through a very challenging period, a period of the Coronavirus Disease2019 (COVID-19), and the drought. Here we are, I think he cannot fail to do more when it comes to allocating funds to the Office of the Public Protector.

 

Mr Speaker, I will be looking forward to the sitting to approve the budget for next year. Resource allocation to this office should be improved.  This office should also be coupled with the mandate to ensure that maladministration in public offices is flagged off. The Act is very clear. The office should be able to publicise and disseminate information to the public on matters of maladministration. In short, the Office of the Public Protector is acting, as the name suggests, to protect the public from office holders who might be making decisions beyond their jurisdiction.  How many of those has the office flagged off? I know the complaint would be a lack of finances. We expect this office, going forward, to ensure that it prioritises information dissemination. Let the people first understand how important this office is. Otherwise, we can lament here, and if they have not invested in information, people will always think that it is an office that is there as a by-the-way, yet it is a very important office. More often than not, as actors of administration, we do make mistakes, and this office is there to protect us.

 

Mr Speaker, in conclusion, I am in support of this report. I wish them all the best as the Government looks into their plight.

 

Mr Speaker, I thank you.

 

Mr Second Deputy Speaker: I am just hearing hon. Members giving accolades to the hon. Minister of Finance and National Planning. However, the biggest problem in Africa is budget credibility that you do not commend him for because Zambia has managed to adhere to the norms of budgeting in the past few years. So, I, personally commend him for that.

 

Hon. UPND Members: Hear, hear!

 

Mr Second Deputy Speaker: Her Honour the Vice-President may respond. Then, the hon. Member will wind up the debate.

 

The Vice-President (Mrs Nalumango): Mr Speaker, I would like to thank the Committee on Cabinet Affairs for the Review of the Management and Operations of the Office of the Public Protector and all stakeholders for their contributions and insights.

 

Mr Speaker, the Office of the Public Protector is Zambia’s ombudsman Institution, entrusted with the responsibility of addressing grievances of maladministration by state institutions and public officials. It is, therefore dedicated to fostering an environment of good governance by building a public service that is free from maladministration.

 

Mr Speaker, the Government recognises that maladministration is a breeding ground for corruption. I heard that corruption is far from that, but maladministration is a breeding ground for corruption. . In the absence of transparency, accountability, and proper oversight, opportunities for abuse of power, authority and office arise. I wish to reiterate that the Government remains committed to addressing maladministration in order to mitigate the loopholes that allow corruption to flourish and, ultimately, promote good governance and public trust.

 

Mr Speaker, let me take this opportunity to respond to the key observations and recommendations made by the Committee. Before I do that, I note the debate of the chairperson and the vice-chairperson of the Committee, and all those who have debated, and I totally appreciate on behalf of the Public Protector. They have brought out very important things. I think, we have not paid a lot of attention to the Public Protector, and particularly the Investigator General. So, we need to have a clear understanding. However, I will just respond to some of the issues raised because of time.

 

Limited Awareness of the Office of the Public Protector

 

Mr Speaker, the last debater referred to that and even others did so by implication. I must acknowledge that the Committee notes the pressing challenge of limited visibility faced by the Office of the Public Protector. Public understanding of the office’s mandate and its services remains relatively low.  In response to the Committee’s recommendation, I wish to inform the House that the Office of the Public Protector is, currently, engaging traditional leaders, local authorities and civil society organisations to conduct community engagement sessions across the country. These grassroot interactions are already underway and have proven instrumental in helping citizens understand their entitlement to social and administrative justice.

 

Mr Speaker, this year, the Office of the Public Protector has signed three Memoranda of Understanding (MoU) with Kitwe District Land Alliance, People’s Action for Accountability and Good Governance Zambia and Active Green Plus Institute to strengthen public engagements. These are non-governmental organisations (NGOs). In addition to this, the Office of the Public Protector intends to roll out a comprehensive national sensitisation campaign aimed at raising awareness of its constitutional functions and educating both citizens and public institutions on their administrative rights and the role of the Public Protector.

 

Mr Speaker, recognising the vital role of the media in promoting good governance, the office also plans to conduct targeted training for journalists. This will foster responsible and informed reporting on issues of maladministration and public service delivery. The office will also continue to use online platforms such as Facebook, Twitter and institutional websites among others, to reach the general public.

 

Mr Speaker, as regards the incorporation of the operations of the Public Protector into the school curriculum, discussions have commenced with the Ministry of Education to establish anti-maladministration clubs in schools. Furthermore, the Office of the Public Protector plans to collaborate with the curriculum development centre to incorporate its mandate in the national school curriculum.

 

Mr Speaker, to bring services closer to the people, the Office of the Public Protector intends to open sector desks in selected institutions where complaints of maladministration are wide spread. In relation to the dissemination of investigation reports, the Office of the Public Protector recently developed a website, where the public can access information about the office and lodge complaints.

 

Mr Speaker, in relation to the toll-free number, I wish to inform this House that the Office of the Public Protector has reached an advanced stage in establishing a toll-free line with 90 per cent of the process already completed. A toll-free number has been assigned and once operational, citizens will have a platform to lodge complaints and monitor the progress in their cases.

 

Insufficient Budgetary Allocation

 

Mr Speaker, members of the public have bemoaned insufficient budgetary allocation, and the Government acknowledges this because this is a legacy issue. It is not an issue that is noted today. If we check from 2019 to date, we will see that the Public Protector may only end up with a fraction of what other investigative wings are getting.

 

Mr Speaker, the other concern is the appointment of officers. To shorten this, there is a variance on the appointments because in the Public Protector Act, the appointment mandate is put under the Parliamentary Service Commission, yet the Parliamentary Service Commission does not have this provision. So, there is a need to harmonise that.

 

Mr Speaker, the Government approved a revised organisational structure, but if we look at the current staffing level in this organisation structure, we would find that it is only at 65 per cent. So, a big number is not yet appointed. Indeed, from what we have seen, it is evident that there are poor salaries. Therefore, there is a need for the Emoluments Commission to look at this matter and, I think, this matter could already be on their table so that the salaries are the same as other wings.

 

Human Resource Capacity

 

Mr Speaker, the Government, through the Cabinet Office, is working closely with the Office of the Public Protector to ensure that the positions that are vacant are filled up. Forty-one positions out of 128 are vacant, and this is a sad state of affairs.

 

Decentralisation

 

Mr Speaker, the other issue that I would like to mention, which hon. Members debated about, is that of decentralisation. The Office of the Public Protector is supposed to be everywhere because, indeed, maladministration is everywhere. To start with, the office is working on ensuring that there are offices at the provincial level and, then, will work on establishing offices at the lower level. For now, the office is working on bringing on board three provinces, where there are no offices, and these are the Northern Province, Muchinga Province and Central Province, to make ten. Lusaka is looked after by the national headquarters.

 

Mr Speaker, many things were recommended. Once again, I commend the Committee for taking note, and you, Mr Speaker, for allowing the Committee to conduct the review. The Office of the Public Protector is very important. This House has taken note that Zambians can make use of that very important institution. We wait for crimes to happen, but they can be nipped in the bud if people get involved in how administration in the Government is going on.

 

Mr Speaker, I urge the House to support the efforts to strengthen the Office of the Public Protector as that in turn strengthens our democracy and improves public trust.

 

I thank you, Mr Speaker.

 

Hon. Government Members: Hear, hear!

 

Mr Lubusha: Mr Speaker, I thank you so much for giving me this opportunity to wind up the debate.

 

Mr Speaker, allow me, on behalf of the Committee on Cabinet Affairs, to sincerely thank Her Honour the Vice-President for the wonderful answers that she has given us. She has given the Committee so much hope, and we know that we have a listening Government. Therefore, we are very sure that in the Budget that is going to come, we are going to see an increment for that very important office.

 

Mr Speaker, allow me to sincerely thank our able vice-chairperson of the Committee, the Member for Mwandi, Hon. Sefulo, for ably seconding the Motion. Also, allow me to thank the Member of Parliament for Lunte, Hon. Kafwaya, for adding his voice to this very important topic. May I also sincerely thank Hon. Fube, the Member of Parliament for Chilubi, for equally debating the Motion and supporting the report on the Floor. I also thank my brother from Chama South for supporting the report.

 

Mr Speaker, in conclusion, I wish to state that I am very grateful to you and to the Clerk of the National Assembly for the support rendered to the Committee, and I urge my fellow hon. Members of Parliament to, please, support the report.

 

I thank you, Mr Speaker.   

 

Question put and agreed to. 

 

_______

 

BILL

 

SECOND READING

 

THE ANIMAL HEALTH (Amendment) BILL, 2025

 

The Minister of Fisheries and Livestock (Mr Kapala): Mr Speaker, I beg to move that the Bill be now read the second time. 

 

Mr Speaker, the object of this Bill is to amend the Animal Health Act, 2010, so as to revise the manner of identifying and tracing an animal, animal product and animal by-product.

 

I thank you, Mr Speaker.

 

Mr Malambo (Magoye): Mr Speaker, in accordance with its terms of reference as set out under Standing Order No. 206(a) and 207(j) of the National Assembly of Zambia Standing Orders, 2024, the Committee considered the Animal Health (Amendment) Bill No. 4 of 2025.

 

Mr Speaker, in order to appreciate the ramifications of the Bill, the Committee interacted with stakeholders, who tendered both written and oral submissions before it. The Bill was laid on the Table of the House on 1^st July, 2025. As the House may be aware, the Animal Health (Amendment) Bill No. 4 of 2025 is seeking to amend the Animal Health Act No. 27 of 2010 in order to align it with the Animal Identification and Traceability Act No. 2 of 2024.

 

Mr Speaker, the Animal Health Act No. 27 of 2010 does not define traceability, despite the law providing for traceability of animals using an animal and animal product identification system. As such, it has become necessary to amend the Animal Health Act No. 27 of 2010 in order to revise the manner of identifying and tracing an animal, animal product and animal by-product. It is envisaged that once the Bill becomes law, it will strengthen the legal framework for animal identification and traceability and also enhance disease control measures.

 

Mr Speaker, the Committee supports the Bill, but has made some observations and recommendations, which I will now highlight.

 

Mr Speaker, the Committee is of the considered view that once the Bill is enacted into law, it will be necessary for stakeholders to appreciate the ramifications of key provisions. This means that there is a need for wide consultations with stakeholders to enable them appreciate the benefits of implementing and enforcing the law. In this regard, the Committee recommends that the Government comes up with a robust sensitisation programme to ensure that stakeholders, such as farmers, veterinarians and industry associations, are sensitised on the benefits of implementing the law. It is the view of the Committee that doing so will enhance compliance and ensure effective implementation.

 

Mr Speaker, the Committee noted that animal identification and traceability processes cannot be effectively implemented without sufficient allocation of financial resources, especially that the process will involve collecting data from farmers. The Committee, therefore, recommends that Government takes concrete steps to ensure that the animal identification and traceability agenda is supported with sufficient resources for effective implementation.

 

Mr Speaker, related to what I have just stated is that the veterinary field is experiencing a shortage of qualified personnel and the general workforce is insufficient to meet the demands of disease surveillance and control, especially in rural areas. In this regard, the Committee urges the Government to increase the workforce and recruit more veterinary surgeons and other professionals to enhance capacity in disease control and to ensure effective general delivery.

 

Mr Speaker, the Committee is also greatly concerned with the costs which farmers will bear in complying with the animal identification process. The process may not be widely accepted and adopted if the costs associated with it are high for farmers, especially the small-scale farmers. In this regard, your Committee is urging the Government to consider subsidising the costs related to animal identification in order to ensure that many farmers appreciate and own the animal identification process.

 

Mr Speaker, in conclusion, allow me to render my sincere gratitude to you and the Office of the Clerk of the National Assembly of Zambia for the guidance and support rendered to your Committee throughout its deliberations. Further, your Committee wishes to thank all the stakeholders who made submissions to it during consideration of the Bill.

 

Mr Speaker, I thank you.

 

Mr Kapala: Mr Speaker, on behalf of the Ministry of Fisheries and Livestock, I would like to sincerely thank you for the opportunity you have given me to wind up debate on the Second Reading stage of the Animal Health (Amendment) Bill, 2025.

 

Mr Speaker, I also wish to thank all the hon. Members who have debated before me.

 

Mr Speaker, allow me to report to the House that the Bill has successfully passed through both the internal and Cabinet legislative committees, and has received overwhelming support. The Bill is non-contentious, as it seeks to ensure the seamless implementation of animal traceability within our legal framework. The enactment of the Animal Identification and Traceability Act No. 2 of 2024 marked a significant milestone in advancing animal registration. This legislation was designed to establish a comprehensive identification and traceability system, enhance disease control and facilitate trade. As with any major legal reform, the enactment of this Act necessitated corresponding amendments to existing laws to ensure alignment with new protocols. Consequently, attention has been directed towards –

 

Mr Second Deputy Speaker: Order, hon. Minister!

 

Let me give a bit of guidance. That should have been read earlier when the object of the Bill was presented. You can summarise. See what you can do.

 

Mr Kapala: Mr Speaker, thank you for the guidance.

 

Mr Speaker, we support the repeal of Section 21, as provided in the Bill. The existing definition of traceability in the principal Act is narrow and focuses primarily on disease control. By transferring this provision to the comprehensive Animal Identification and Traceability Act, 2024, traceability will now extend across the entire animal production and food chain mechanism from birth to slaughter and processing.

 

Mr Speaker, in conclusion, the proposed amendments aim to harmonise the Animal Health Act, 2010, with the newly enacted Animal Identification and Traceability Act, 2024, fostering a unified and coherent regulatory framework. This alignment will strengthen our ability to detect, control and prevent the spread of animal diseases while improving access to foreign livestock export markets and reducing livestock theft. We wholeheartedly support the Bill and welcome its provisions.

 

Mr Speaker, I thank you.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 15^th July, 2025.

 

ADJOURNMENT

 

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

 

Question put and agreed to.

 

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The House adjourned at 1846 hours until 0900 hours on Friday, 11^th July, 2025.

 

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