Wednesday, 30^th July, 2025

 

The House met at 1430 hours

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

_______

 

ANNOUNCEMENTS BY MADAM FIRST DEPUTY SPEAKER

 

PUPILS AND TEACHERS FROM SCHOOLS IN KALOMO DISTRICT

 

Madam First Deputy Speaker: Hon. Members, I wish to recognise the presence in the Public Gallery of pupils and teachers from the following schools of Kalomo District:

 

1. Jolly World School, and

 

1. Mejocama Secondary School.

 

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

 

Hon. Members: Hear, hear!

 

ACTING LEADER OF GOVERNMENT BUSINESS IN THE HOUSE

 

Madam First Deputy Speaker: Hon. Members, I have received communication to the effect that in the absence of Her Honour the Vice-President, who is attending to other Government business, the Minister of Defence, Hon. Ambrose L. Lufuma, has been appointed Acting Leader of Government Business in the House from today, Wednesday, 30^th July, 2025, until further notice.

 

Hon. Member: Question!

 

DONATION OF TREES BY ONE ACRE FUND

 

Madam First Deputy Speaker: Hon. Members, I wish to inform the House that on 12^th May, 2025, One Acre Fund donated 2,000 musangu trees in support of Madam Speaker’s Plant a Tree challenge. In order to promote this initiative in all the constituencies, it has been decided that the trees will be distributed to all hon. Members and selected staff. Each hon. Member will receive, at least, ten trees to plant within his/her constituency to promote environmental sustainability in the local communities. In this regard, all hon. Members, and selected staff, are requested to visit the Engineering Department to collect their allocated number of trees before they leave for their constituencies on Friday, 1^st August, 2025.

 

I thank you.

 

_______

 

URGENT MATTERS WITHOUT NOTICE

 

Madam First Deputy Speaker: I announced yesterday that it is better for hon. Members to visit hon. Ministers at their respective ministries because we are rising on Friday. The matters will not be addressed until September. So, for matters, please, visit the respective ministries so that you can be attended to as soon as possible before you leave for your constituencies.

 

 

MR KAFWAYA, HON. MEMBER OF PARLIAMENT FOR LUNTE, ON MR HAIMBE, SC., THE HON. MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL CO-OPERATION, ON ZAMBIA’S RELATIONSHIP WITH OTHER COUNTRIES

 

Mr Kafwaya (Lunte): Madam Speaker, on an Urgent Matter without Notice.

 

Madam First Deputy Speaker: An Urgent Matter without Notice is raised.

 

Mr Kafwaya: Madam Speaker, my Urgent Matter without Notice is directed at the hon. Minister of Foreign Affairs and International Co-operation. In days like this when our country is shunned by other Governments, is it not important for the Government to ensure that it grows diplomatic ties with other countries? The Zambian Government now doubts whether Edgar Chagwa Lungu is dead to the extent of writing a letter of instruction, taking Edgar Chagwa Lungu’s family and the South African Government to court, again, so that the Government can inspect the morgue and ensure that the former President is dead. We had a period of national mourning in our country, a Minister from South Africa even met with the President, and the President thanked the South African Government over the same matter. However, today, the United Party for National Development (UPND) Government has turned around, and is doubting whether Edgar Chagwa Lungu is dead to the extent of thinking that South Africans are now colluding ...

 

Hon. Government Members: Question!

 

Mr Kafwaya: ... with the Lungu family. Is it not important for the UPND Government to assure the nation that it does not doubt the South African Government and that a fake death certificate cannot be produced in the Republic of South Africa? I think, this is a very important matter. It requires clarification.

 

Madam Speaker, I seek your direction on the matter.

 

Madam First Deputy Speaker: Hon. Member for Lunte, I know that the matter came up somewhere, but I do not think that Parliament can make a clarification on that. Why can you not find another avenue, or even wait to ask Her Honour the Vice-President on Friday? I am sure she will give you a response to that.

 

MR KAPYANGA, HON. MEMBER OF PARLIAMENT FOR MPIKA, ON THE GOVERNMENT, ON THE ECONOMIC VALUE OF OBSESSING OVER THE LATE EDGAR CHAGWA LUNGU’S BODY FOR THE PEOPLE OF ZAMBIA

 

Mr Kapyanga (Mpika): Madam Speaker, Zambia is a Christian nation, and our country’s reputation at the international level is very important. What the Government does on the international stage builds or destroys our country’s reputation. It is concerning for every Zambian that the issue involving the former Head of State’s funeral has continued. As I address this House, the Zambian Government has submitted a fresh application before the South African High Court. Can the Government clarify what economic value its obsession with the late Edgar Chagwa Lungu’s body will bring to the people of Zambia? The people are very worried.

 

Hon. Opposition Member: Walanda bwino sana!

 

Madam First Deputy Speaker: Order, hon. Member for Mpika!

 

Without spending more time on an issue that is similar to the one that was raised about the late former Head of State, that matter does not qualify. Nothing has happened in the last twenty-four hours. The former President died on 5^th June. So, that is not something that you can bring under this segment. Please, find another avenue if you have a matter that you want to bring to this House.

 

MR CHISOPA, HON. MEMBER FOR MKUSHI SOUTH, ON MR KABUSWE, HON. MINISTER OF MINES AND MINERALS DEVELOPMENT, ON THE RIOTS IN CHINGOLA OVER A MINING LICENSE GIVEN TO ONE INVESTOR

 

Mr Chisopa (Mkushi South): Madam Speaker, on an Urgent Matter without Notice.

 

Madam First Deputy Speaker: An Urgent Matter without Notice is raised.

 

Interruptions

 

Mr Chisopa: Order, Bwacha!

 

Mr Twasa rose.

 

Madam First Deputy Speaker: Hon. Member for Kasenengwa, you should have waited.

 

Hon. Member for Mkushi South, you may continue.

 

Mr Twasa resumed his seat.

 

Mr Chisopa: Madam Speaker, I hope the minutes that are being stolen by these people, who are not following parliamentary etiquette, will be added back.

 

Madam First Deputy Speaker: Hon. Member, no one is stealing your minutes. You may continue.

 

Laughter

 

Mr Chisopa: Madam Speaker, for any country to develop, there is a need for the participation of the private sector, especially regarding the promotion of local investment and entrepreneurship. The challenge that we have now is that the United Party for National Development (UPND) Government has failed to create employment. As a result, our youths have now turned into what we call jarabos. Today, in Chingola, a grader and roller have been burnt, and shops have been looted because one investor has been given a mining licence where our boys earn a living. It is prudent for this country to respect Zambians. It cannot prefer foreign investment to the majority of Zambians.

 

Mrs Mulyata: What is your question?

 

Interruptions

 

Madam First Deputy Speaker: Order!

 

Hon. Member for Mkushi South, we have a lot of work before us.

 

Mr Chisopa: Madam Speaker, is the hon. Minister of Mines and Minerals Development in order to go and disturb the young boys who are trying to make ends meet by giving one investor the mining licence without looking at an alternative way of ensuring that the lives of the young boys are also taken care of. Is the hon. Minister in order to not come to this House and inform us that the young boys should leave the mine to one investor?

 

Madam Speaker, I seek your indulgence.

 

Madam First Deputy Speaker: Hon. Member for Mkushi South, your issue is not specific. You have talked about a license being issued, and a grader being burnt. So, I do not understand your Urgent Matter without Notice. Therefore, it does not qualify.

 

We make progress.

 

_______

 

QUESTION FOR ORAL ANSWER

 

CONSTRUCTION OF A LEVEL I HOSPITAL IN CHIBALE CHIEFDOM

 

396. Mr Mtayachalo (Chama North) asked the Minister of Health:

 

1. whether the Government has any plans to construct a Level I Hospital in Chibale Chiefdom in Chama North Parliamentary Constituency;

 

1. if so, when the plans will be implemented;

 

1. what the estimated cost of the project is; and

 

1. if there are no such plans, why.

 

The Minister of Health (Mr Muchima): Madam Speaker, the Government is aware of the need for expanded health services in Chibale Chiefdom in Chama North Parliamentary Constituency. The Government's priority is to provide a first-level hospital in districts that do not have one. However, the Government remains committed to continually assessing and responding to the evolving healthcare needs of all communities –

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Members!

 

The consultations are becoming louder, and distracting the hon. Minister of Health.

 

Hon. Minister of Health, you may continue.

 

 Mr Muchima: Thank you, Madam Speaker.

 

 Madam Speaker, the Government remains committed to continually assessing and responding to the evolving healthcare needs of all communities, including Chama North. As such, Chibale Chiefdom in Chama North Parliamentary Constituency has been considered for the construction and equipping of a modern health centre, now called the Health Centre Mini Hospital.

 

Madam Speaker, plans for the construction of a modern health centre mini hospital are already underway, and the construction will begin in 2025.

 

Madam Speaker, the cost of the project is approximately US$1.7 million.

 

Madam Speaker, the Government has plans of constructing a modern health centre, therefore, part (d) of the question falls off.

 

Madam Speaker, I thank you.

 

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

 

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

 

Mr Mwiimbu, SC.: Madam Speaker, I rise on a very serious point of order pursuant to Standing Order No. 212, pertaining to the privileges of the hon. Member of Parliament. This point of order is on the hon. Member of Parliament for Lunte, hon. Member of Parliament for Mpika and hon. Member of Parliament for Mkushi South.

 

Madam Speaker, I have noted with concern that hon. Members of Parliament are abusing their privileges. They raise issues for which they know they would be held accountable if they were not in this House. They make aspersions and inflammatory statements on the Floor of this House because they believe they have immunity.

 

Madam Speaker, you have guided on several occasions that hon. Members of Parliament must abide by the rules and the law that governs us here. However, they have continued making defamatory statements against individuals who are not members of this House. They have been making reckless statements that they know are inflammatory.

 

Madam Speaker, are the hon. Members in order to breach parliamentary privileges according to Standing Order No. 212, and the Constitution of Zambia pertaining to the privileges of the hon. Members? Should they be allowed to continuously abuse these privileges under the pretext that they have immunity?

 

Madam Speaker, you heard what the hon. Member for Lunte, hon. Member for Mpika and hon. Member for Mkushi South said on the Floor of this House. They made those statements on the Floor of this House because if said outside, they would be held accountable. Are they in order to breach the privileges of this House according to Standing Order No. 212?

 

Madam Speaker, they want to say that I am raising a point of order on a point of order, but they were raising Urgent Matters without Notice, not points of order. The Standing Orders are very clear.

 

Interruptions

 

Madam First Deputy Speaker: Hon. Members, of course, there are privileges for hon. Members of Parliament, but if we abuse these privileges, then we are committing a breach in the House. Therefore, the hon. Members were out of order. I had ruled that their matters were not admissible, and so they were not considered. I did not consider any of the three matters. So, because a ruling has already been made, I cannot rule again on the same matter.

 

We make progress.

 

Mr Mtayachalo: Thank you, Madam Speaker, and I thank the hon. Minister for his response.

 

Madam Speaker, the hon. Minister may be aware that Chibale Health Facility was constructed –

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Members!

 

If you have a matter to caucus on, please, walk out. Feel free, move out and caucus on the matter, then, come back, rather than disturbing the whole House.

 

Hon. Member for Chama North, you may proceed.

 

Mr Mtayachalo: Thank you, Madam Speaker.

 

Madam Speaker, I was saying that the hon. Minister of Health should be aware that Chibale Health Facility was constructed in 2002, based on the population of 7,800. This is a zonal centre, which services three wards, that is, Nkanka, Luangwa and Chisola. The population has now increased to 19,000. However, I did not get the hon. Minister correctly, but I heard him mention a mini-hospital. Did he state that the mini-hospital is going to be constructed in Chibale? I would like him to clarify on that matter.

 

Mr Muchima: Madam Speaker, the Government is aware that Chama North and Chama South combined, making it Chama District. There is already a hospital in Chama District, but looking at the distances, people cannot be serviced from Chama South. Chama has the biggest population in the whole province. So, the Government is fully aware that some of the referrals are taken to Isoka, which is about 40 km away. However, considering the fiscal space, we do not have the money to build a hospital at the moment because we are trying to finish the infrastructure, which is lying around. For the time being, in order to service our people, mini-hospitals are available, like the one which is in Mazabuka. It is quite a good hospital.  It has everything, except that the capacity is small. Otherwise, mini-hospitals are meant to service our people in the meantime than to wait when we have money to build a Level I hospital. Of course, Chama qualifies for a mini-hospital considering the distance and the population, and we will provide the people there with a mini-hospital.

 

I thank you, Madam Speaker.

 

Mr Mung’andu (Chama South) Thank you, hon. Madam Speaker, and I thank the hon. Minister for the responses.

 

Madam Speaker, before I ask my question, I would like to thank the hon. Minister because the Government is constructing a mini-hospital in Chama South, and, I think, it is at 98 per cent. What is remaining is simply water supply and painting then, it will be opened.

 

Hon. Government Members: Hear, hear!

 

Mr Mung’andu: Unfortunately, some unscrupulous individuals have hatched a plan, of attacking civil servants by coming up with defamatory songs and insulting them. Some civil servants, particularly clinical officers, have abandoned their work stations. This morning, the same individuals were going around telling people that the Government is not serious, it is chasing workers yet, it is them who are doing so.

 

Ms Mulenga: Who?

 

Mr Mung’andu: You will see them. They will be arrested. Do not worry. I have mentioned that they are coming up with defamatory songs, insulting people, and doing all sorts of things. I hope the hon. Minister will come in.

 

Madam Speaker, now, let me come to my question. Through the increased Constituency Development Fund (CDF), we have built many health institutions in our constituencies, including in Chibale, where the hon. Minister has promised that the Government will look into the needs of the people next year. Is the ministry considering deploying more staff to mini-hospitals, which are serving our people, especially in Chibale, in Chama North and Chama South so that the people can reap the benefits of what the Government is doing for them?

 

Mr Muchima: Thank you very much, Madam Speaker, and I thank the hon. Member of Parliament for Chama South for that question.

 

Madam Speaker, first and foremost, the criminals who are chasing our workers should be reported to the police because they are endangering the lives of the people who are supposed to be treated by our professionals. We have to treat them as criminals. We shall investigate the matter and the ministry will take action.

 

Madam Speaker, there was a question whether we will build the mini-hospital in Chama North, Chibale in particular. The decision is made by the local administration where it sees that there is a large population. The decision on where to build does not come from Lusaka. It comes from the local administration. We need close to US$1.7 million or US$2 million for equipment and other things. When the mini-hospital has equipment and everything, we will recruit more staff. This year, we are supposed to recruit 2,000. Among those, some will be deployed to the new hospital once it is done.

 

I thank you, Madam Speaker.

 

Mr Mtayachalo: Thank you, Madam Speaker.

 

Madam Speaker, earlier on, I mentioned that Chibale Zonal Centre is servicing three wards, and one of the wards; Chisunga, is more than 100 km from Isoka. So, usually, patients go to Chibale. The people of Chama North, especially Chibale, will be happy if the mini-hospital is constructed. At the moment, there are many maternal deaths. People travel from Chisunga and Mulilo to Isoka, and the roads are in a bad state.  However, most of the women die on the way. So, if the mini-hospital is constructed as quickly as possible, it will save many lives, especially due to maternal deaths. I thought of making that appeal to the hon. Minister.

 

Mr Muchima: Thank you, Madam Speaker, and I thank my colleague, the hon. Member for Chama North for the question.

 

Madam Speaker, the hon. Member should be rest assured – That is why I came with statistics. I am aware of what is happening in that corner. The Government is very responsible. Every citizen should be taken care. Chama is worrisome because of the distances and also the population of 140,000. In normal circumstances, we are supposed to provide health care within 5 km to 10 km but, as we are aware, the fiscal space is limited. However, under the leadership of Mr Hakainde Hichilema, we have been building from negative two to four, and we are going to six. As we get more resources, the issue will be attended to adequately. So, I am aware, and time allowing, I will visit Chama to see exactly what is happening.

 

I thank you, Madam Speaker.

 

Madam First Deputy Speaker: There is an indication for a point of order.

 

Mr Kafwaya: Thank you so much, Madam Speaker.

 

Madam Speaker, I rise on this very serious point of order on all the Backbenchers of the United Party for National Development (UPND) in the House. The Backbenchers of the UPND should not stress the Frontbenchers due to their inability to assist when there are important matters to discuss on the Floor of the House. Before now, the hon. Ministers were not as stressed as they are, to an extent of causing the hon. Minister of Home Affairs and Internal Security to rise on unnecessary points of order and threatening arrest of hon. Members on the Floor of the House.

 

Madam First Deputy Speaker: Order, hon. Member!

 

You cannot raise a point of order on another point of order.

 

Mr Kafwaya: No, no, it is not on another point of order. It is on the hon. Minister.

 

Madam First Deputy Speaker: You are talking about the hon. Minister.

 

Interruptions

 

Madam First Deputy Speaker: You brought in the hon. Minister of Home Affairs and Internal Security. How do you measure somebody’s stress?

 

Laughter

 

Ms Mulenga: Let him finish the point of order.

 

Mr Kafwaya: Let me explain.

 

Madam First Deputy Speaker: Finish your point of order.

 

Mr Kafwaya: Thank you, Madam Speaker.

 

Madam Speaker, if you remember, the hon. Minister rose on a point of order against me and accused me of having been Minister of Transport when Professor Chirwa was Managing Director (MD) of the Zambia Railways Limited, but I had not even become a Member of Parliament by then. Today, the same hon. Minister rose on another point of order and said that my two hon. Colleagues and I do not have the privilege to speak on the Floor of the House. That is stress on the part of hon. Ministers.

 

Madam Speaker, are the UPND Backbenchers (pointed at UPND hon. Members) in order …

 

Hon. PF Members: Hear, hear!

 

Mr Kafwaya: … to not support the UPND Government, which adopted them, so as to ease the pressure on hon. Ministers?

 

I seek your serious ruling, Madam Speaker.

 

Hon. PF Members: Hear, hear!

 

Madam First Deputy Speaker: Order, hon. Members!

 

 Hon. Member for Lunte, you did not even cite the Standing Order that has been breached. Again, you touched on the point of order that was raised by the hon. Minister of Home Affairs and Internal Security.

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Members!

 

So, your point of order is not admissible.

 

Mr Chanda (Kanchibiya): Madam Speaker, I thank the hon. Minister for his statement, and allow me to commend the Government for its commitment to the health sector and for promoting good health and well-being of Zambians.

 

Madam Speaker, I just want to find out if the Government will increase the allocation to the health sector. Clearly, there is a lot of demand for health services and health infrastructure across the country, especially in places like Kanchibiya, Chama North and Chama South. Is there any indication that the Government will increase the allocation for health infrastructure significantly in the upcoming Budget?

 

Mr Muchima: Madam Speaker, that is a budgetary issue. Very soon, the Budget will be tabled here. The allocations in the Budget will depend on how we will prioritise issues. On the Government side, yes, the budget for health is on top of the list of priorities. If resources will be available, yes, we will increase the allocation to the health sector. We intend to provide equipment and infrastructure everywhere. Very soon, we will see the 113 mini-hospitals and many other infrastructure projects that had stalled completed. We are trying our level best to complete them, starting this year.

 

I thank you, Madam Speaker.

 

Mr Mwambazi (Bwana Mkubwa): Madam Speaker, I thank the hon. Minister of Health for the answers he is providing.  

 

Madam Speaker, I should make mention that the people of Bwana Mkubwa are grateful because next month, Mushili Level 1 Hospital, which is fully fitted, will be commissioned. I just want to thank the Government and the ministry for that. The construction of a cancer hospital in Chichele, Bwana Mkubwa Constituency, is at an advanced stage. I am also really grateful for that.

 

Madam Speaker, if you look at the design of Wusakile and Mushili Level 1 Hospitals and most of the mini-hospitals generally, you will see that they do not include mortuary and catering facilities. If the Government is planning to help the people of Chama South by constructing a level 1 hospital in future, is it going to consider adding catering and mortuary facilities to the design?

 

Mr Muchima: Madam Speaker, I thank Hon. Mwambazi for that question.

 

Madam Speaker, yes, if money will be available, we will do that. We are ordering mortuary units through the Zambia Medicines and Medical Supplies Agency (ZAMMSA). So, mini-hospitals will have those facilities. I am not saying that all of them will have the facilities at the same time. When money is available for equipment, we are going to provide the facilities in the whole country. I am aware that places like Chilubi, Chama and many others where people have to cover long distances to health facilities need mortuary units.

 

I thank you, Madam Speaker.

 

_______

 

MOTIONS

 

REPORT OF THE COMMITTEE ON LOCAL GOVERNANCE, HOUSING AND CHIEFS’ AFFAIRS ON THE REPORT OF THE AUDITOR-GENERAL ON THE UTILISATION OF THE ROAD FUND FOR ROAD MAINTENANCE IN ZAMBIA 2020-2022

 

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 on the Report of the Auditor-General on the Utilisation of the Road Fund for Road Maintenance in Zambia, 2020 to 2022, for the Fourth Session of the Thirteenth National Assembly, laid on the Table of the House on 25^th July, 2025.

 

Madam First Deputy Speaker: Is the Motion seconded?

 

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

 

Mr Mutinta: Madam Speaker, pursuant to Order No. 207(g) of the National Assembly of Zambia Standing Orders, 2024, the Committee on Local Governance, Housing and Chiefs’ Affairs was mandated to consider the performance audit Report of the Auditor-General on the Utilisation of the Road Fund for Road Maintenance in Zambia, 2020 to 2022, for the Fourth Session of the Thirteenth National Assembly.

 

Madam Speaker, I have no doubt that hon. Members have had the opportunity to read the Committee’s report. Therefore, I will restrict my comments to the key findings.

 

Madam Speaker, the Road Fund is the umbrella fund in which all road and fuel levies, licensing fees, loans, grants and donations and money appropriated by Parliament for roads in Zambia are held. The fund is managed by the National Road Fund Agency (NRFA), which was established under the National Road Fund Act No. 13 of 2002, for the purpose of construction, rehabilitation and maintenance of road networks. The agency is responsible for the mobilisation, administration and maintenance of all financial resources in the road sector. The audit focused on determining whether the agency effectively utilised the Road Fund for maintenance of the core road network. Further, it assessed the general management of the Road Fund in Zambia. In the same vein, construction and rehabilitation of roads were also assessed in comparison to the maintenance. The audit also considered the Road Development Agency (RDA) and the Ministry of Local Government and RDA  as implementing agencies, while the Road Transport and Safety Agency (RTSA) was engaged as the entity responsible for the collection of toll fees at ports of entry.

 

Madam Speaker, the audit revealed that during the period under review, the road sector was preoccupied with the construction and upgrade of roads, while little emphasis was given to their maintenance. Notwithstanding that toll collection had increased, the maintenance allocation in the Road Sector Annual Work Plan (RSAWP) did not increase at the same rate as the toll collection. It is clear from the foregoing that maintenance of roads has not been prioritised. This situation extends to the tolled roads, which remain in a deplorable state. In this regard, the Committee recommends that the Tolls Act No. 14 of 2011 be amended to include specific provisions that will ringfence a defined portion of toll revenue exclusively for maintenance and rehabilitation of tolled roads. That will not only ensure a sustainable funding stream for road maintenance, but also align revenue use with the original intent of toll collection. Ultimately, that will lead to improved road quality and safety, and the Road Fund serving its intended purpose will enhance public confidence.

 

Madam Speaker, the audit further highlighted the need to harmonise and align various pieces of legislation to prevent conflict of roles and duplication of activities, and to enhance collaboration and co-ordination among road sector agencies. This includes, but is not limited to, the Tolls Act No. 14 of 2011, the Public Roads Act No. 12 of 2002, and the Local Government Act No. 2 of 2019.

 

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

 

Madam Speaker, I thank you.

 

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

 

Mr Kasandwe: Now, Madam Speaker.

 

Madam Speaker, I would like to thank the chairperson of the Committee for the manner he has moved the Motion to adopt the report that is under consideration this afternoon.

 

Madam Speaker, the topic that we are discussing today is very important for economic development because one of the major ingredients is good roads in any given society. If a society has good roads, it means that goods and services, and people, including ideas, will move in real time. As elucidated by the chairperson, I would like to echo his sentiments, especially on the legal framework harmonisation. Firstly, the House may be aware that Article 147, in part C of the Annex of the Constitution of Zambia (Amendment) No. 2 of 2016, provides that local authorities collect tolls. Again, the National Roads Fund Act No. 13 of 2002 also gives that mandate to the National Road Fund Agency (NRFA), and the Tolls Act No. 13 of 2011 gives another institution that mandate. So, we have three institutions that are mandated to collect tolls. However, the Constitution, which is the principal law, mandates the local authorities to collect tolls, not the NRFA or any other body. There is a conflict, which is why we need to harmonise to strike a balance and come to a realisation that tolls are supposed to be collected by the institution that the Constitution has given that mandate. That is number one.

 

Secondly, Madam Speaker, the tolls that are collected are supposed to be used exclusively for road maintenance. However, according to the Auditor-General’s report and other stakeholders who appeared before the Committee, part of the funds that are collected from tolls are used for debt servicing. That is not what the funds are meant for. They are meant for the maintenance of roads so that we can move our goods and services in real time without wasting time.

 

Another point that I would like to raise, Madam Speaker, is on the money that the Central Government, through the devolved function, channels to the local authorities. We, as a country, need to come up with an integrated road maintenance plan so that we do not work in silos, for example, the Road Development Agency (RDA) could be maintaining some roads, while the Constituency Development Fund (CDF) maintains other roads. In the absence of a road maintenance integrated development plan, we will be throwing money in different directions. At the end of the day, no real maintenance will be seen.

 

Madam Speaker, I thank you.

 

Mr A. Banda (Chimwemwe): Thank you very much, Madam Speaker.

 

Madam Speaker, I would also like to thank the chairperson and the vice chairperson for moving and seconding the Motion respectively.

 

Madam Speaker, on the utilisation of the Road Fund for road maintenance, your Committee stressed a point, which we all know now, on the fact that the funds are mingled under one account instead of being utilised for road maintenance. I remember that when the toll plazas were constructed, the people of Chimwemwe were worried because they thought they would be charged to use the road, but the Government assured them that the money they were going to be paying would be put to good use, which is ensuring that the roads were maintained and that the surplus money is used to work on some township roads. However, looking at the current status, I see that that is not the case because all the money sits in one account. So, utilising this money is at the discretion of the Ministry of Finance and National Planning. The people of Chimwemwe would rather the ministry got a portion of that money, but allow the rest to be utilised for road maintenance. In the same report –

 

Interruptions

 

Madam First Deputy Speaker: Order!

 

Hon. Patriotic Front (PF) Whip, please, help me control the House.

 

Mr Kapyanga: We do not have one!

 

Laughter

 

Mr Mumba: I will start by sending you out.

 

Interruptions

 

Madam First Deputy Speaker: Order!

 

Hon. Member for Chimwemwe, you may continue.

 

Mr A. Banda: Madam Speaker, I was saying that looking at your Committee’s report, – let me extract what is written, it reads:

 

 “The value of ongoing signed contracts was more than the total funds available.”

 

Madam Speaker, this is what the National Road Fund Agency (NRFA) is doing. If you find management doing this, then you know that it is not serious. There is a problem with this management. This now takes me back to the Amendment Bill that was presented before this House, concerning immunity from the execution of judgment. No wonder the National Road Fund Agency (NRFA) is asking for that immunity, because it recognises that it tends to sign contracts, but does not have enough money. However, I was worried while we were considering the Amendment Bill. Why would the NRFA bring in that Bill when it has so many avenues to protect its property from repossession? There is an arbitration clause in the contract. The NRFA is a party to the contract, either directly or indirectly, using the Road Development Agency (RDA). At the same time, it can fuse in any Acts to protect its property in those contracts.

 

Madam Speaker, there are also avenues to segment the contract and payments. For instance, if a contract is worth K40 and the NRFA only has K10, the implementation can actually be done in phases. Phase I can be done at a particular time, and the other phases can be done whenever it has money. This allows the contractor to plan as well as budget, because all that he has to do is access money or loans just enough for that first stage, then the following stage will be done, as and when the NRFA has money. I believe that we need to actually support that proposed Amendment Bill because, as we can see, the property that the NRFA has, stands to be lost because the way it is running business is questionable.

 

Madam Speaker, let me talk about the subcontractors, who are also mentioned in the report. There is a need to empower local contractors and grow them, but are we really doing that? The answer is no. Local contractors are supposed to be given 20 per cent works, and it is on paper. It is true that most subcontractors are given that 20 per cent, but the question that needs to be answered is: What sort of works are contained in this 20 per cent? You will see that there are small works such as drainage construction, putting curb stones, and culverts. The thing is, the rates are prepared by the main contractor, who always reduces them on these works in order to beat the other contractors. No person from the Government has ever checked on the contracts given to the contractors.

 

Madam Speaker, one contractor from Chimwemwe was given a contract for K4 million. He was so excited because he was a first-timer, but before he could even do 40 per cent of the works, he had already utilised K3.2 million. He abandoned the works because nobody really looked at the rates. So, we are not helping our subcontractors. I have seen the concessionary contract go from 20 per cent to 10 per cent. We were hoping that, perhaps, it could go back to 20 per cent.

 

Madam Speaker, the same report also talks about road routine maintenance, which is the same as the first project, which accounts for 20 per cent. It mainly involves vegetation control, debris clearing from drainages, pavement cleaning, and painting. These are small works. If we say we are building capacity, how do you build capacity on small works? Such a contractor can work for ten to twenty years, and he will never, ever graduate to get major contracts. He will forever be doing these small jobs.

 

Madam Speaker, the National Council for Construction (NCC) has continued charging contractors for renewing their licenses. I do not know whether it is now feeling sorry for the contractors or trying to make money by upgrading them from grade six to grade five. I do not even know why it is now mandatory for contractors to pay to the Engineering Institute of Zambia (EIZ), yet it does not do anything. All it does is charge the small contractors, K5 million or K6 million a year, and not do anything. This is an organisation that we all look up to, to look after the contractors. Check the contracts that are given to the small contractors and the bills of quantity (BoQ). Are the rates okay? Are the small contractors going to make money? No. So, why are our contractors paying K6 million or K5 million every year to the EIZ when it is not doing anything? I think, the EIZ should just continue looking after the affairs of the engineers and leave the contractors to be looked after by the NCC.

 

Madam Speaker, with these few words, I wish to support this Motion.

 

I thank you, Madam Speaker.

 

Rev. Katuta (Chienge): Madam Speaker, thank you so much for giving me the opportunity, on behalf of the people of Chienge, to add a word to the debate on this Motion. I will not take up much time of the House.

 

Madam Speaker, I just want to read on page 1, where it talks about the motivation of the audit, though it is quite a long sentence. It states the following:

 

“The Auditor-General reported that the audit was further motivated by the Presidential Address to Parliament during the Official Opening of the Second Session of the Thirteenth National Assembly in 2022. In his address, the President reiterated that in its quest to improve access to rural communities, the Government, as at 30^th June, 2022, had rehabilitated and maintained over 1,000 km of rural roads in Central, Northern, Luapula, and Eastern provinces.”

 

Madam Speaker, I have a challenge. Let me talk about what I see as I drive through Luapula Province, which I know, because I am privileged to pass through almost the entire province on my way to my constituency. The road that goes to Luwingu, and the part that goes to Mwense, proceeding to Kashikishi, and finally Chienge is in a bad state. Further, the township roads in Mwense and Nchelenge are a sad story. We are here talking about the road infrastructure in Luapula Province being rehabilitated. I do not know which Luapula is being referred to here. So, the people of Chienge and Luapula in general, would like to know which roads have been worked on or rehabilitated, because this report speaks contrary to what is on the ground. Even if there is no tarred road from St. Paul’s Hospital to Chienge, I have not seen any roads being worked on within Chienge. During the United National Independence Party (UNIP) and the Movement for Multi-party Democracy (MMD) eras, roads used to be graded, and gravel would be laid just for maintenance.

 

Madam Speaker, I find this report to be untruthful and quite misleading. Therefore, I would like to not support it unless the truth comes out of it. I would like to find out where the Road Development Agency (RDA) or the National Road Fund Agency (NRFA) is taking the money to. As the seconder alluded to, it is reported that part of the funds collected at the toll gates are used for debt servicing.

 

Madam Speaker, it is very sad that the President has a good vision to improve access to rural communities, yet there is a report that speaks contrary to what we have in Luapula. Most of the hon. Members of Parliament from Luapula Province will agree with me that it is one of the provinces where there is a bad road network. Our roads are in a bad shape, both national and local roads. So, I would like to know where this money was allocated and how much was given to Luapula Province for road maintenance. Otherwise, this report could be misleading. The people of Chienge might think that the money was given to the hon. Members of Parliament, who will be in trouble with their constituents. The President said that the roads had been rehabilitated as of 30^th June, 2022, yet this is not the case. Therefore, on behalf of the people of Luapula Province, I would like to decline to support the report, until we are given the funds and we see to it that the roads in Luapula Province are worked on.

 

I thank you, Madam Speaker.

 

Mrs Sabao (Chikankata): Madam Speaker, thank you for giving me this opportunity to add a voice to the debate on this very important report. Allow me also to appreciate the mover of the Motion, my brother, Hon. Mutinta, and the seconder, my friend, Hon. Kasandwe.

 

Madam Speaker, a road is a very –

 

Mr Andeleki crossed the Floor.

 

Madam Speaker: Order, Order!

 

Hon. Member for Katombola, please, do not pass in front of the person debating.

 

You may continue, hon. Member.

 

Mrs Sabao: Madam Speaker, a road is a very important infrastructure in the development of a country hence, it is very important that when we come up with the strategy for roads, it should be something that will help the whole country.

 

Madam Speaker, my debate will focus on page 13 of the report; the lengthy procurement and contact award process for road works.

 

Madam Speaker, the lengthy procurement in this country, in the road sector, has been a challenge, and this has been a cost on the part of the Government. I will give an example of Chikankata Constituency. In 2021, five roads were advertised in Chikankata under the Improved Rural Connectivity Project but, until now, the contractor is not on site. This contactor was given fifteen roads to work on; ten roads in Mazabuka and five roads in Chikankata. The contractor has been in Mazabuka since 2023 till date, and the people of Chikankata are looking forward to have good roads. Like I have said, where there is a good road, there is development. At the moment, there are no good roads in Chikankata for us to develop our area.

 

Madam Speaker, when the Government is giving out contracts, – It is important that a contractor is not given fifteen roads to work on when there are many contactors in this country. However, from the five roads in Chikankata, one of the biggest roads which is the Chikankata/Kasamu Road, has been given to the Road Development Agency (RDA). We still face the same challenge. The road was advertised in January, but until today, we do not know who the contractor is. The contractor is not yet on site, but the people of Chikankata need that road. The Chikankata/Kasamu Road is a very strategic road in the district because it goes to the hospital. At the end of Chikankata Road, there is a hospital and a secondary school.

 

Madam Speaker, the farmers are failing to take their products to the market because the road is in a bad state. In addition, because of the delays in the procurement process, it is a cost on the part of the Government because there are variations. If the works were supposed to start in June but then, they start in December, it means that the cost goes up through variation. So, it is very important for the Government to change the way it awards contracts. If there is no man power at the RDA, it should employ more people so that they work on different roads unlike awarding contracts to one or two contractors to work on the roads across the country, as this has been a challenge. However, under the New Dawn Government, we are happy that contracts have been awarded across the country, but the challenge is that contractors have not gone on site because they are saying that the documents are still at the Attorney General’s Office where they are still evaluating them. Who is suffering? It is the Zambians because development has stalled in our district.

 

Madam Speaker, the second issue I want to talk about is about road maintenance. During the first regime, we used to have the Road Department, which used to be in charge of road maintenance but, at the moment, it is not there. Since there are no people to maintain roads, a small pothole becomes bigger and bigger and, in the process, it becomes a death-trap in a particular area. Maybe, the New Dawn Government should reintroduce the Road Department so that it can assign people in all the districts to be in charge of road maintenance.

 

Madam Speaker, the other issue I want to talk about concerns tollgates. When you are going to the Southern Province, you will find the Shimabala Toll Gate and the Choma Toll Gate. However, at the moment, they are constructing another toll gate between Chikankata and Mazabuka, and they are about to construct another toll gate in Monze. So, once all the tollgates are fully operational, it will be costly to drivers. While we appreciate the construction of the tollgates, the point is that we cannot have four toll gates within 300 km of a road. As we come up with such projects, it is also important to look at the end users because it is too expensive for the driver. Instead of using the K100 to buy fuel, a driver is forced to spend it to pay for toll gates. It is very important that as the Government, we consider the end users who are the drivers as well as the passengers who use the road. So, it has become very expensive, especially for the people who go on long distance trips.

 

Madam Speaker, the main issue that I wanted to talk about concerns the lengthy procurement. Let us improve on the procurement processes. If we do not have manpower, let us employ more people to help us shorten the process of procurement.

 

With these few remarks, I support the report.

 

I thank you, Madam Speaker

 

Mr Kang’ombe (Kamfinsa): Madam Speaker, allow me to thank you most sincerely for giving me the opportunity to add a few comments, and I will be very quick.

 

Madam Speaker, let me emphasise that we are not discussing the need to introduce new legislation. We are discussing an issue that borders on provision of public services to our people. This is why the report has identified the fact that there is legislation at Constitution level and legislation at Parliamentary level and because of these variations –

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Members!

 

The voices are loud in that caucus where there is the hon. Member for Mongu Central and the hon. Member for Luena.

 

Laughter

 

Madam First Deputy Speaker: You may continue, hon. Member.

 

Mr Kang’ombe: Madam Speaker, I was emphasising the fact that the report acknowledges that the Constitution of Zambia is very clear on who has the exclusive mandate to administer revenue from tollgates. I am sure, the hon. Minister of Finance and National Planning and the hon. Minister of Infrastructure and Urban Development have had time to look at the provision that is provided for in the Constitution of Zambia, which is very clear on who has the mandate to administer toll fees. So, the subject matter today is about the revenue coming from toll collections.

 

Madam Speaker, secondly, the report acknowledges that despite having a provision in the Republican Constitution, which deals with this particular aspect, unfortunately, there are other subsidiary legislations. There are Acts of Parliament that empower Government institutions and, in this case, the National Road Fund Agency (NRFA) has been administering the same income that ideally in line with the Constitution of Zambia, is money that is supposed to go to various local authorities.

 

Madam First Deputy Speaker: Order!

 

Hon. Member for Kamfinsa, you are a member of the Committee that prepared this report.

 

Mr Kang’ombe: Yes, I can debate, Madam Speaker. I can amplify.

 

Madam First Deputy Speaker: There are other members. We would rather give priority to the other members. Unless, if there are no members indicating to debate.

 

Mr Kang’ombe: But the law does not prevent me from debating.

 

Madam First Deputy Speaker: Hon. Member for Kamfinsa, in one minute, please, wind up your debate so that we give chance to the other members who are not part of the Committee.

 

Mr Kang’ombe: Madam Speaker, thank you for your kindness.

 

Madam Speaker, as others come to debate, the fact remains that we have the Constitution of Zambia, which is the supreme law of this country. The Constitution of Zambia empowers local authorities, where all constituencies are coming from. The fact that the Constitution says that if there is a toll gate in Kitwe, the money should go to the local authority. If that was the case, then, we would hold accountable the local authorities to do the actual road maintenance that we are supposed to do, and this has been emphasised in the report that the Committee has presented today. That has been emphasised in the report that the Committee has presented today. Despite the Constitution empowering local authorities to collect revenue, other institutions of Government are collecting it. As a result, we do not have adequate resources going to constituencies.

 

Madam Speaker, as I support the Motion, I hope that the hon. Minister will respond to those aspects.

 

 I thank you, Madam Speaker.

 

Mr Chinkuli (Kanyama): Madam Speaker, thank you for giving me this opportunity to add my voice to the debate on the Motion, on behalf of the people of Kanyama.

 

Madam Speaker, the report on the utilisation of the Road Fund for road maintenance in Zambia is welcome. The people of Kanyama want roads to be worked on in the constituency. They are wondering why they do not have roads in Kanyama when there are such programmes. Those are some of the issues that we need to look at seriously. The effect of not having good roads is perpetual floods in Kanyama. Very soon, there will be rainfall and then we will start singing about the same thing. When we have proper roads in Kanyama, such issues will be minimised.

 

 Madam Speaker, having said that, I just want to look at one important issue that has caught my attention. On page 4, the report says:

 

“Stakeholders further submitted that while the subcontracting legislation aimed to promote the participation of local contractors in the road sector, local contractors did not get value for money on projects as large-scale main contractors, predominantly foreign-owned, dictated low prices and undercut subcontracted works for Zambian SMEs.”

 

Madam Speaker, I do not want to go into the details and the technicalities. I just want to look at the legislation and to thank the Government. I reiterate that we need to ensure that local contractors and manufacturers are given first priority regarding road contracts. Why are we not encouraging local contractors to be independent, rather than be dependent on being subcontractors? When are they going to stand on their own two feet? The Committee’s report looked at issues from 2020 to 2022. We found a system where certain people held all the road contracts. Thank God that this Government said that local contractors should learn how to be independent, step by step. We want local contractors, our own people, to be on top regarding getting road contracts. So, if we hasten the implementation of the good programme that the Government has put in place, local contractors will be happy. They will be able to compete with foreign contractors because of the programme that has been put in place.

 

Madam Speaker, at the family level, if one has children, one knows that children need to be taken to school and funded. However, if one does not fund the children’s education, how does one expect them to do wonders or to compete with those who are funded? Things do not work like that. So, since local contractors are like our children, let us make sure that whatever laws impede them from achieving what the Government wants them to achieve are dealt with. We will be discussing theories about local contractors and small and medium enterprises (SMEs) without achieving what is in our policies if we do not deal with that. We need to ensure that local manufacturers and contractors are independent and can compete with foreign entities.

 

Madam Speaker, when you read the Committee’s report, you will realise that there are certain documents that we expect local contractors to have, but we know that it is practically impossible for them to get those documents. At the same time, we want local contractors to compete with foreign contractors. So, what can we do about such a scenario? Let us see how best we can flex the rules so that as we move forward, we will not require local contractors to acquire those documents that we want them to have. That is something I want for the people of Zambia. We need to stand on our own two feet, rather than being dependent on other people all the time.  

 

Madam Speaker, with those remarks, I support the Motion.

 

Mr Mundubile (Mporokoso): Madam Speaker, thank you very much for giving me this opportunity to debate the Motion on the Floor of the House.

 

Madam Speaker, the objective of the audit was to assess the extent to which the National Road Fund Agency (NRFA) has effectively utilised the Road Fund and prioritised road maintenance. I will address the audit question. The audit question was: To what extent has the Road Fund been managed in a sustainable manner to facilitate effective utilisation of that fund?

 

Madam Speaker, the report recommended the following:

 

“The audit recommended that the NRFA through the MoFNP should consider revising the Tolls Act No. 14 of 2011 to ensure that toll fees were exclusively ring fenced for maintenance of tolled and other roads.”

 

Madam Speaker, that is a very important recommendation. The reason for setting up the NRFA, as outlined in the report, was to collect and pool tolls so that they are applied to road maintenance, repairs and construction.

 

 Madam Speaker, the report should have also highlighted that there is a need to do away with middlemen. There is a need to do away with middlemen specifically in the case of the Ndola/Lusaka Dual Carriageway. To maximise revenue mobilisation by the NRFA, there is a need to do away with middlemen. I think that the NRFA, through the Ministry of Finance and National Planning, should focus on busy roads because that is where it can maximise collection of tolls. The sections that are very busy include the Ndola/Lusaka Dual Carriageway. I think that the Mufulira/Mukambo Road, which was given to a concessionaire recently, is yet another very busy road. So, as we endeavour to revise the Tolls Act No. 14 of 2011, we should be very slow in giving away busy roads to concessionaires. As we do all that, a Zambian must be put first. What has happened in our country is that as we create tolls, we make things very difficult sometimes for Zambians. We do not provide alternative routes for Zambians to use in the event that they cannot afford to pay tolls. What we have seen in other jurisdictions is that when a concessionaire proposes to build a tolled road, he is also supposed to propose alternative routes for those who may not afford expensive tolls. We build tolls on main roads or the only roads available, which is unfair to locals who may not afford toll fees. That is the reason the NRFA must not give away an entire road to a concessionaire. It can give sections of roads to concessionaires so that elevated roads can be built on particular sections and then the ordinary or original road is left for locals to use. It is very important that as we come up with public policies, we put Zambians first. We must make sure that Zambians have options, going forward. To sum it up, the NRFA should maximise collections, especially in areas with busy sections.

 

Madam Speaker, item 3.1.2, in the report, is on foreign versus local contractors. This has been an interesting and difficult subject. Ten years ago, when the policy was formulated, the Government’s intention was to build local capacity by ensuring that a certain percentage of big road contracts is given to the people of Zambia. The idea was that over the years, there should be a graduation process to a level where it can be a fifty-fifty stake. However, ten years later, local contractors are still at 20 per cent. In most cases, when audits are performed, it is found that the work that is done by the local contractors is below 5 per cent. So, it is important for the NRFA to be strict at the solicitation level. Big contractors must disclose the extent of the scope of work to be given to subcontractors, and they must be audited in subsequent bids. When they disclose similar works previously done, they must also disclose the work they did with subcontractors and the extent to which the subcontractors were guided. The impact of what is happening on our economy is that a lot of money has been moved out of the country. We pay foreign contractors huge amounts of money. I think, the Government should focus on ensuring that most of that money is retained.

 

Madam Speaker, in other jurisdictions, contracts are awarded to local contractors, who in turn subcontract big contractors from outside the country. That way, local contractor participation is assured and in full. In many cases, subcontractors only exist in name. They merely forward papers and are given a commission of some sort, and it ends there. The Government will not benefit from the initiative if it does not ensure that whoever appears as a subcontractor executes the work so that, going forward, they can be the ones to maintain the roads. So, on the supervision aspect, the NRFA must go on-site to confirm that subcontractors exist, and evaluate and assess the work. That way, we will fully realise the benefits of the policies.

 

Madam Speaker, with those few words, I submit.

 

I thank you, Madam Speaker.

 

Mr Mutelo (Mitete): Thank you, Madam Speaker.

 

Madam Speaker, page 6 of the report; Debt Sustainability, reads:

 

“The audit established that [the] NRFA had contracted local debt in excess of K5.9 billion between 2017 and 2021 …”

 

Madam Speaker, the Katunda/Lukulu/Watopa/Mumbezhi Road is not in a good state, but money, as reported, was borrowed internally. During the same period, US$6.7 billion was borrowed externally. That is the genesis of the problems. The Government is now paying off that debt first. While the Government is paying off the debt now, where was the consideration for the road during that period? It is only now that there is light at the end of the tunnel for that road. I wish the hon. Minister of Infrastructure and Urban Development knew the dancing that is happening in Mitete, even before the contract is signed. The people have promised to bring the likishi and shabukolo dancers during the signing ceremony, which will be done with a genuine contractor this year.

 

Madam Speaker, there may not be a toll gate between Mitete and Lukulu, Mitete and Kalabo, or Mitete and Zambezi, but the fact that I am in this House means that I pay tolls from Mitete to Lusaka, and it means that whatever is collected from me and all those from Mitete must also be used in Mitete. I do not fly from Mitete to Lusaka. I use “somewhere” means of transport. So, that “somewhere” I normally use to travel from Mitete to Lusaka must be turned into a road because of all the tolls that we, from Mitete and Lukulu, pay when travelling to Lusaka. I have not flown before. That is the essence of the report. We may have challenges, but I would like to urge the hon. Minister and the agency to use the money prudently. I will repeat. Lukulu, Mitete, Mangango, Chavuma, Zambezi, Kabompo, Manyinga and Luampa are ready with the shabukolo; a likishi or a masked persona, chikuza, ndondo, utenu and kanjenjela, the famous one, will be available on the day. I only hope that the hon. Minister will soon say that the Government is signing the agreement and avails the contractor, and more so, the day the contractor will start working. That is what we need. We should borrow to use the money properly. We may be crying now because I am unable to explain where the money that was borrowed went. Maybe, those who were there at that time would be better placed to explain where the borrowed money went.

 

Madam Speaker, I thank you.

 

Madam First Deputy Speaker: The hon. Member for Shiwang’andu is the last one to debate.

 

Mr Kampyongo (Shiwang’andu): Thank you very much, Madam Speaker.

 

Madam Speaker, I wish I could explain to my hon. Colleague what happened to the road he was talking about. Since he became a Member of Parliament, that has been his cry. I was thinking that the hon. Minister of Infrastructure, Housing and Urban Development seated there (pointed at Eng. Milupi), would have found a concessioner to take up that road by now, as the hon. Member was assured.

 

Madam First Deputy Speaker: Hon. Member for the Shiwang’andu, please, start your debate.

 

Mr Kampyongo: I am surprised that he is still talking about it. He was assured on the Floor, Madam Speaker.

 

Madam First Deputy Speaker: You cannot respond. The hon. Minister will respond. Go straight into your debate.

 

Mr Kampyongo: I am just wondering, Madam Speaker, because the hon. Member has continued with the cry, yet he was assured on the Floor by the hon. Minister.

 

Madam Speaker, I would like to make a few comments on the Motion on the Floor. I will focus on the issue raised on page 7 of the report, under the title: Legal Framework for Resource Mobilisation and Utilisation. The report states that:

 

“The audit recommended that the NRFA, through the Ministry of Finance and National Planning, should consider revising the Tolls Act No. 14 of 2011 to ensure that toll fees were exclusively ring-fenced for maintenance of tolled and other roads.”

 

Madam Speaker, it is worth noting that by the time that Act was passed, the Constitution of 2016 had not been put in place. So, with the Constitution of 2016 now in place, it states that:

 

“Stakeholders submitted that the Constitution, Chapter 1 of the Laws of Zambia, in Article 147, and Annex C to the provision, provided for a devolved system of governance with toll fees as an exclusive function of the local authorities.”

 

Madam Speaker, that is what Hon. Kang’ombe was trying to belabour. What that simply means is that the local authorities are the ones to be carrying out the mandate of maintenance of roads in their areas. Therefore, they need to have a stream of resources from where they can be drawing money ring-fenced for maintenance of roads. Unfortunately, that is not the case. We have continued with the mismatch of getting funds from the tolls to go into a commingled pool. As a result, that money is not ring-fenced for road maintenance. That has posed a challenge. That must be sorted out between the hon. Minister of Finance and National Planning and the hon. Minister of Infrastructure, Housing and Urban Development because we have continued to flout the laws or legal framework. Worst still, there are even Statutory Instruments (SI) that have been issued to give toll facilities to concessionaires. When we look at the provisions of the law, the same Tolls Act of 2011 I am referring to provides that:

 

“The toll fee or other charge imposed for the use of a toll road and collected by the Agency shall form part of the Road Fund and shall be used exclusively for the construction, maintenance and rehabilitation of roads.”

 

Madam Speaker, we now have SIs that are found wanting.

 

Hon. Minister of Infrastructure, Housing and Urban Development, are you listening? I can see you are having a conversation there. Those SIs you are using are unconstitutional, if you follow the provisions.

 

Madam First Deputy Speaker: Order, hon. Member for Shiwang’andu!

 

Just concentrate on your debate. In fact, you are supposed to address me, not the hon. Minister of Infrastructure, Housing and Urban Development.

 

Mr Kampyongo: Madam Speaker, through you, I am addressing the two hon. Ministers, the hon. Minister of Finance and National Planning and the hon. Minister of Infrastructure, Housing and Urban Development, because they are the ones cited in the Committee’s report. So, through you …

 

Madam First Deputy Speaker: Just continue.

 

Mr Kampyongo: … I am addressing them that those SIs they are using will be found to be unconstitutional because they have given away toll facilities to concessionaires who are yet to complete the construction of the roads on which they are collecting money. What the law states is clear. So, those irregularities must be dealt with. I am not quoting anything else, but the law as highlighted by your Committee’s report.

 

Madam Speaker, first of all, the Tolls Act must be amended because it was enacted in 2011, before the Constitution of 2016 was put in place. Now that the Constitution is in place, the Act must be re-aligned so that it is not in conflict with the Constitution. The irregularity of issuing SIs to give away tollgates to someone else to collect the toll fees on roads that they have not even finished constructing should be halted. It is illegal, according to what we are getting from the report. That is why it is important that when your Committees’ reports are presented here, we reflect on them and raise issues on behalf of the people.

 

Madam Speaker, the issue of road maintenance has been with us for a long time. I heard the hon. Member for – my dear lady, my colleague over there (pointed at Mrs Sabao), talking about how it used to be in the past. In the past, we had what was then called the Roads Department, which worked together with the local authorities, and it was very clear on who was responsible for the maintenance of roads. The most expensive component of the road network is maintenance. If we allow roads to go for a long time without maintenance, it becomes even more expensive to carry out the maintenance work. That is why there was a rationale to find a guaranteed resource to use for road maintenance. That is how the tollgates were established. However, it has now become like a business. That was not meant for business, as we are seeing it now, whereby the hon. Minister of Infrastructure, Housing and Urban Development can quickly give away tollgates on roads that are yet to be constructed to a concessionaire. How can you do that? It is unconstitutional, as we are learning from the report.

 

Madam Speaker, we do not have to wait for other roads to fall under the same arrangement for us to realise that we need to remedy the situation. That is contained in your Committee’s report. I am not making up issues for some people to say that I am politicking. Your Committee’s report is very clear. I, therefore, request that the two hon. Ministers there, the hon. Minister of Finance and National Planning and the hon. Minister of Infrastructure, Housing and Urban Development, should stop doing illegalities. Those SIs that were issued cannot supersede the Constitution and the Act. In this regard, I will be waiting to see the harmonisation and adherence to the law.

 

Madam Speaker, I thank you.

 

Hon. PF Members: Hear. Hear!

 

The Minister of Infrastructure, Housing and Urban Development (Eng. Milupi): Madam Speaker, I thank you for giving me the opportunity to respond to the Committee’s report.  I also thank your Committee for the observations and recommendations. I would like to indicate that they are well-noted by the ministry and the Government.

 

Madam Speaker, listening to some people in here speak, it is as if they were not in Government before. They were talking about the Tolls Act No. 14 of 2011 and that it needs to be harmonised with the Constitution. The Tolls Act No. 14 of 2011 and the Constitution were enacted by them. They should reflect on those things. When we are trying to clean up the mess, we should be given space and time to do it.

 

Madam Speaker, let me react to a few observations of your Committee. The road tolls, indeed, form part of the Road Fund. By law, as provided for in the Tolls Act, the Road Fund must be applied to the construction, rehabilitation and maintenance of roads. I must state that the Road Fund remains inadequate given the size of the road network in the country. Hence, the Government is attracting private sector investment into the road sector, through public-private partnerships (PPPs), in order to bring in private sector financing for road construction. The total length of the road network in this country is estimated at 60,000 km. Out of which, 40,000 km is what is designated as the core road network. When we look at so many kilometres, – I am happy that the hon. Member for Chienge and the other hon. Members from Luapula are now stating that the road network in Luapula is in a very poor condition.

 

Mr Mwiimbu, SC.: Yes!

 

Eng. Milupi: That is an admission. Yet, when we were listening to maiden speeches when the thirteenth National Assembly was opened, everyone from there was saying that they were happy with the work that had been done on their roads. It had to take me to come here and say, “look, I have been all over this country, I have not seen this massive infrastructure that you keep talking about.” Now, they are agreeing with us. However, that is an indication of how serious the problem is because in addressing these issues, the New Dawn Government has to look at legacy issues, and the backlog from the years of neglect during their term in office (pointed at the PF bench).

 

Madam Speaker, on the issue of local contractor participation, the Government has taken deliberate steps to empower Zambian contractors. The Public Procurement Regulations of 2022 mandate a minimum of 20 per cent subcontracting for foreign bidders, while the Public Private Partnership Act No. 24 compels a 10 per cent allocation for citizens participating in concessioned works. On several occasions, I have personally directed the Road Development Agency (RDA) and contractors to effectively implement the Government policy that is backed by legislation and regulations. I have further directed, on several occasions, the National Council of Construction (NCC), which is the regulator, to enforce these regulations. The objective of subcontracting is to empower local contractors and build capacity for them to be able to undertake more advanced and complicated projects. The other objective is to ensure local contractors benefit from the knowledge and skills transferred as they work as subcontractors, including work culture and ethics.

 

Madam Speaker, we have gone further to ensure that all routine maintenance contracts are now reserved for local contractors. Our local contractors also have a role to play in building their capacities. They must adhere to the work ethics and deliver quality. This is where we have a problem. When the hon. Member for Mporokoso – Is he still here? – was delivering his maiden speech today, because I have not heard him talk in this Parliament, …

 

Laughter

 

Eng. Milupi: … he said that the Zambian sub-contractors are the ones who should get the main contract, and then, subcontract to foreign contractors. He is in this business. He knows how many problems we are getting of low-quality work being delivered on account of people with no work ethics. This is what we are talking about. People were used to free money from the last Government.

 

Hon. PF Members: Question!

 

Eng. Milupi: Some of those getting contracts have proved that they unable to undertake the work. We, in the New Dawn Government, are using this and preaching every day that they must deliver quality. We have gone further to ensure that any work that is done is conformed to the right cost but also overriding all considerations, is the need to deliver quality. As long as I am Minister in this ministry, quality must come first. We have seen a road worked on, but within four years, that road fails in spite of the high cost. We want Zambians to participate, but we want them to have work ethics to be able to deliver quality. They should work with international contractors and take on the work culture of those international contractors.

 

Madam Speaker, the Government has stopped all contractors. We are talking about the debt within the road sector, and this issue concerns the Government. As a result of that, the Government has stopped all unsustainable borrowing and has instead scaled up the use of PPPs to finance road infrastructure. Since this Government took over in 2021, it has signed eleven PPP concession agreements, and carried out flagship projects such as the Lusaka/Ndola Dual Carriage Way, Ndola/Mufulira/Sakanya and Chingola/Kasumbalesa roads. Those who have used the Lusaka/Ndola Dual Carriage Way can attest to the quality that is being delivered.

 

Madam Speaker, I note the Committee’s concerns regarding the inadequate prioritisation of routine and periodic maintenance. We agree that maintenance is cheaper than reconstruction, and its neglect only compounds our future liabilities. That is why we have taken steps to ensure that we return to the days of road maintenance within each and every province. There was no equipment when our colleagues were in office. The RDA was there to give contracts to their cadres …

 

Mr Kasandwe: Question!

 

Eng. Milupi: … and yet, they had so many engineers. What we are saying is that now, they will have engineers.

 

We also take note, Madam Speaker, that through the CDF, a number of local councils have now been equipped with various equipment so that they can undertake certain types of road works. This will be expanded to ensure that even on bituminous roads, councils undertake certain works. The hon. Member of Parliament for Kamfinsa, and I am a Kamfinsa resident, talked about the harmonisation of the Tolls Act as well as the Constitution. Again, let me go back to him. Where were they because they should have done this? More than that, if the question is removal of lacunas within the Constitution, perhaps, they should have supported the Constitution of Zambia (Amendment) Bill No. 7 so that we harmonise not only this, but other lacunas.

 

I thank you, Madam Speaker.

 

Hon. UPND Members: Hear, hear!

 

Mr Mutinta: Thank you so much, Madam Speaker, and I would like to thank the vice-chairperson, who ably seconded the Motion.

 

Madam Speaker, I also want to extend gratitude to the other hon. Members who spoke, the hon. Member of Parliament for Chimwemwe, the hon. Member for Chienge, the hon. Member for Chikankata, the hon. Member for Kamfinsa, the hon. Member for Kanyama, Hon. Mundubile, the hon. Member for Mitete and the hon. Member for Shiwang’andu. I thank them for the issues that they raised. Most sincerely, I thank the hon. Minister for the assurance that some of the pertinent issues that have been raised in this report, are already being addressed by his ministry, while others, such as the issue of quality work, the issue of aligning the legal framework, and the issue of unsustainable borrowing will be addressed.

 

I thank you, Madam Speaker.

 

Question put and agreed to.

 

REPORT OF THE COMMITTEE ON LOCAL GOVERNMENT ACCOUNTS ON THE REPORT OF THE AUDITOR-GENERAL ON THE AUDIT OF ACCOUNTS OF LOCAL AUTHORITIES FOR THE FINANCIAL YEAR ENDED 31^ST DECEMBER, 2023

 

Mr Nyambose (Chasefu): Madam Speaker, I beg to move that this House adopts the Report of the Committee on Local Government Accounts on the Report of the Auditor-General on the Audit of Accounts of Local Authorities for the Financial Year ended 31^st December, 2023, for the Fourth Session of the Thirteenth National Assembly, laid on the Table of the House on Tuesday, 29^th July, 2025.

 

Madam First Deputy Speaker: Is the Motion seconded?

 

Mr Shakafuswa (Mandevu): Madam Speaker, I beg to second the Motion.

 

Mr Nyambose: Madam Speaker, in line with the terms of reference, the Committee considered the aforementioned report of the Auditor-General and interacted with accounting authorities and other relevant stakeholders on the subject matter. The interactions revealed various weaknesses in the management of public funds and the operations of councils, upon which the Committee has made observations and recommendations. I am confident that hon. Members have had occasion to read the Committee’s report. Therefore, allow me, at this point, to highlight a few findings of the Committee and the recommendations thereof.

 

Madam Speaker, the Committee observed with concern that councils are still grappling with the challenges of revenue collection. Coupled with this is the inability of most councils to make realistic budgets, which are consistent with the number of business activities being undertaken in their respective districts. Additionally, councils have become complacent to the extent of failing to formulate strategies to enhance own-source revenue, and have become highly dependent on the Local Government Equalisation Fund. The Committee also contends that the low revenue collection has a direct negative effect on the delivery of social services, such as street lighting and garbage collection, among others.

 

Madam Speaker, it is sad to note that due to failure to collect revenue, local authorities are failing to provide 5 per cent of their revenue as the Ward Development Fund (WDF). Regrettably, some councils are now slowly crawling back to salary arrears as they are failing to pay salaries on time. In view of this, the Committee urges the accounting authorities to be proactive, innovative and pragmatic by formulating robust revenue collection measures. The Committee further urges the accounting authorities to migrate from cash payment systems, which are prone to leakages and human interference, to digital payment platforms.

 

Madam Speaker, the Committee also observed with concern the poor management of movable assets. The Committee observed that most councils do not insure their utility vehicles and fire tenders, while those that had undertaken to insure vehicles did not pay the full premium. Consequently, the vehicles and fire tenders that had been involved in road traffic accidents had become non-functional as insurance companies could not undertake repairs. The Committee further noted that the main reason for failure to insure movable assets, especially fire tenders, is that insurance is done centrally by the Ministry of Local Government and Rural Development. In other cases, failure to insure vehicles was as a result of poor management.

 

Madam Speaker, on the same challenge of asset management, the Committee is disappointed to note that in some local authorities, officers have personalised council property, such as laptops and cameras, with impunity and without regard to regulations. The Committee found this highly unacceptable. In light of this, the Committee urges the Executive to ensure that asset management is enhanced by formulating asset management policies and instituting punitive measures against officers who wilfully abrogate them.

 

Madam Speaker, another matter of concern is the apparent inadequate collaboration between the Ministry of Local Government and Rural Development and the Local Government Service Commission (LGSC), which resulted in overemployment and underemployment of staff in certain local authorities. It has also led to a lack of adherence to official instructions issued through various Government circulars and delay to institute disciplinary measures against officers who are found wanting. In this regard, the Committee urges the Executive to put measures in place to ensure that there is enhanced collaboration between the LGSC, which is the employer, and the Ministry of Local Government and Rural Development, which is the supervisor of local authorities. The Committee further urges the LGSC to expeditiously address confirmation of staff and overemployment matters in councils without delay. The commission should also ensure that disciplining of erring officers is done expeditiously, as opposed to merely effecting transfers.

 

Madam Speaker, last, but not least, another issue that requires urgent attention is the payment of allowances to retirees in the local government system who are still on the payroll. We acknowledge the provision of Article 189(2) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, which provides that where a pension benefit is not paid on a person’s last working day, that person shall stop work, but the person’s name shall be retained on the payroll until payment of pension benefits based on the last salary received by the person while on the payroll. There seems to be a lack of consistency and uniformity with regards to the payment of various allowances that an officer might have been entitled to.

 

Madam Speaker, let me conclude by thanking you and the Office of the Clerk of the National Assembly of Zambia for the guidance and support you rendered to the Committee during its deliberations. I further wish to thank all the stakeholders who appeared before the Committee and the technical support rendered to it by the permanent witnesses. I also wish to appreciate the members of the Committee for their co-operation and dedication to Committee work, which made my role as chairperson easy.

 

Madam Speaker, I thank you.

 

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

 

Mr Shakafuswa: Now, Madam Speaker.

 

Madam Speaker, I would like to thank the mover of the Motion, our able chairperson, Hon. Nyambose, for the able manner in which he has highlighted the critical issues contained in the Committee's report.

 

Madam Speaker, in seconding the Motion, allow me to comment on a few of the Committee's observations and recommendations that the mover has not touched on.

 

Failure to Remit Statutory Obligations

 

Madam Speaker, the Committee observed that 109 out of 116 local councils owed various institutions K3,552,262,650 in respect of taxes, pensions, insurance, and supply of goods and services, some of which has been outstanding from as far back as 2013. It is noteworthy that most of the local councils have no capacity to liquidate their debt and lack strategies to do so. The Committee finds this unacceptable and urges the Ministry of Local Government and Rural Development, together with the Ministry of Finance and National Planning, to find a lasting and sustainable solution to this overarching challenge.

 

Weak Internal Control Systems

 

Madam Speaker, the Committee learned that most local councils had poor internal control systems, resulting in unsupported payments amounting to K2,073,779 made by twelve local councils, six local councils had missing payment vouchers amounting to K3,683,718, while K379,067 was unacquitted during the period under review. The Committee urges the Executive to strengthen the audit function in local councils, and further recommends that officers who fail to execute their fiduciary duty be surcharged under their conditions of service, and have matters dealt with to their conclusion.

 

Propensity to Use Force Accounts to Implement Projects

 

Madam Speaker, of great concern is the propensity and appetite of local councils to use force accounts to implement capital projects under the Local Government Equalisation Fund (LGEF). While acknowledging that the Government has authorised local councils to utilise 100 per cent of the LGEF on operations, the Committee strongly recommends that the local councils desist from using force accounts, which are usually a conduit for misapplication of funds and implementation of poor-quality capital projects.

 

Failure to Settle Staff Obligations

 

Madam Speaker, to augment the chairperson’s submission on the payment of allowances vis-à-vis being cognisant of the provisions of Article 189 of the Constitution of Zambia, the Committee noted with concern that eighty-one local councils owed former and existing employees K358,097,412 in respect of long service bonuses and leave travel benefits, some of which have been outstanding from as far back as 2009.

 

Madam Speaker, with those few words, I thank you.

 

Mr Fube (Chilubi): Thank you, Madam Speaker.

 

Madam Speaker, as a starting point, I would like to say that the local government, constitutionally, is an engine of development at the local level. I watched the sessions on the local government accounts with interest when the meetings were held. I think, we are conducting witch hunts with regards to many things that we have not invested in. For instance, the Constitution is clear about how we are supposed to devolve functions, and it further qualifies the process. For instance, Article 147 is about devolution. However, Article 152 takes the domain of influence of the provincial and national structures away from the local authorities, and positions them as implementers of projects at the district level. I know that we come to this House to talk and talk but, as long as we do not follow the law, we will be shooting in the dark.

 

Madam Speaker, when we talk about the local authorities' exclusive functions, I remember the former Minister of Local Government, Hon. Kampyongo’s debate during consideration of another report. He gave details with regard to the Annexe of the Constitution, which tabulates all the factors well. I will give my district as an example of how the issues were attended to. The audit was on the local authority's failure to collect the fish levy and many other obligations. However, if you scrutinise Chilubi, you will see that the avenues of collecting money are limited. It is not supposed to be the responsibility of the local authority. It is supposed to be the responsibility of the Central Government to invest in areas that can facilitate the local authority's capacity to collect revenue. We are struggling with water canals and roads whose works were cancelled with 198 other road works. The local authority uses the same routes, whose road works were cancelled, to check on how people fish and make barriers in the swamps. An access road is needed to reach the swamps.

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

Mr Fube: Madam Speaker, before business was suspended, I was trying to underscore the fact that we want to reap where we did not sow. When you look at the local Government and the streams of capital – –

 

Interruptions

 

Mr Fube: Icongo.

 

Madam Speaker, the local Government mainly receives the Local Government Equalisation Fund (LGEF) and the Constituency Development Fund (CDF), yet we expect it to undertake capital projects. I will pick the example of Chilubi Town Council, which is highlighted on page 212 of the report. Some of the things that were expected to be undertaken are out of this world. There was a volume of money that was supposed to be raised locally –

 

Interruptions

 

Mr Fube: Madam Speaker, there is too much heckling, and that is disturbing me.

 

An hon. Member interjected.

 

Mr Fube: No, I have ears.

 

Madam First Deputy Speaker: Order, hon. Members!

 

Do not debate while seated.

 

Hon. Member for Chilubi, you may continue.

 

Mr Fube: Thank you very much, Madam Speaker, for the protection.

 

Madam Speaker, I was trying to say that when we look at the arrangement of the local authority, we see that it was born from the enactment of the Local Government Act No.2 of 2019, which repealed and replaced the Local Government Act of 1991. The enactment meant that the local authority was positioned to undertake the interference of projects at the district level. Given that, there have been many instructions to local authorities. Sometimes, they are instructed to use only 20 per cent of the Recapitalisation Fund to undertake certain activities. Recently, we learnt that Councillors are supposed to be paid through the same funding. At what point do we expect the local authority to perform to our expectations, especially given that it is surrounded by all these financial challenges?

 

Madam Speaker, the report also highlighted the issue of local suppliers. Due to a lack of investment in most rural areas, local suppliers are not upgraded. Sometimes, local suppliers who provide goods and services to the local authority find it difficult to generate an invoice, yet the local authority depends on suppliers who are in a particular area.

 

Madam Speaker, we also need to revisit the issue of fiscal autonomy. Fiscal autonomy, especially for local authorities, goes as far as connecting the local authority through decentralisation as envisaged in the Constitution and the Local Government Act so that the local authority becomes a platform for revenue for other Government agencies at the district level. However, that is amiss because we have not followed our laws and we are not making efforts towards that direction.

 

Madam Speaker, looking at what we expect from the local authority, I know that there is a lot of bollocking when different council secretaries face, on a lighter note, the chairperson of your Committee, Hon. Nyambose. They are bollocked, sometimes over things that logically we can simply say do not fall under their ambit. What I am trying to underscore is that we need to facilitate the funding of local authorities to the extent that they can be in a position to respond in a manner that is expected of them. Under Annexe C of the Constitution, we expect them to be in charge of ferries and among other things.  I will give Chilubi as an example. A 120-seater ship called Luchele Ng’anga was bought by the past Government, but it is not operated by the local authority, yet the local authority is constitutionally expected to perform that duty.

 

Madam Speaker, in short, yes, a number of issues have been highlighted in the report. I would be unpatriotic to not support it, but we have a lot to do, especially when it comes to following our laws. That will help us, if it is done.

 

I thank you, Madam Speaker.

 

Madam First Deputy Speaker: Thank you.

 

Hon. Member for Kanyama, as you debate, please, be advised that you do not need to exhaust all the eight minutes. You can go ahead, hon. Member.

 

Mr Chinkuli (Kanyama): Thank you, Madam Speaker, for yet another opportunity to add a voice to the debate on the Motion on the Floor.

 

Madam Speaker, Government institutions are designed or created for a purpose, which is service delivery to the benefit of the people. How do Government institutions operate? They operate through processes, rules and guidelines that have been put in place. What is challenging is that despite having all the rules, guidelines and codes of conduct in place, we still receive negative responses from institutions like the Office of the Auditor-General. Does it mean that there is a lack of supervision in those institutions? Where is the problem? Or is it that those mandated to carry out supervisory tasks are not performing according to their ability or the needs of the people? It is sad to hear of the same issues arising in each Government institution. Where have we gone wrong? What is it that we are not doing?

 

Madam Speaker, in the interest of time, your report highlights some findings, such as a market failing to maintain an ablution block. How is that possible? When people use ablution blocks in the markets, they pay a fee, which needs to go towards the maintenance of the ablution blocks. I believe those managing the ablution blocks are employees of the council. So, where does the money go for them to say they are unable to maintain the abolition block? This needs to be looked at critically.

 

Madam Speaker, I wish to refer to the conclusion of your report, which states that:

 

“The Committee expresses concern that councils were having challenges to mobilise locally-generated revenues, and observed that this was simply because of a lack of innovation, proactivity to come up with income generating activities.”

 

Madam Speaker, this conclusion takes me back. We had the so-called green buses that were procured under the local authority when the late former President, Mr Michael Chilufya Sata, was Minister of Local Government then. He procured the green buses. The question is: What were they for? How did he mobilise money to buy them? I believe that there is a policy through which the buses were acquired. So, some things have history. Let us look at where we are coming from. How have you managed some of the institutions, and where are we? If we are failing, what is causing this failure?

 

Madam Speaker, I want to ask the local authorities to be innovative because they are sustained by the activities which they conduct. So, we should go back and check what used to happen from time immemorial and bring the policies on board. We should look at them and fashion them to meet the current prevailing law environment. By so doing, some of the challenges such as the lack of funds for this and that will be a thing of the past because local authorities are innovative and have some activities from which they generate income from here and there. Thereafter, we will head in the right direction, where people will not be complaining.

 

Madam Speaker, like I mentioned, councils need to be innovative and creative. They should come up with systems on how they can generate funds other than the current systems where they are trying to source the funds here and there.

 

Madam Speaker, with these remarks, I wish to support the report.

 

Thank you, Madam Speaker.

 

Mr Mtayachalo (Chama North): Thank you, Madam Speaker, for according me an opportunity to briefly comment on the Report of the Committee on Local Government Accounts. However, before I proceed, may I take this opportunity to thank the mover of this Motion, the hon. Member of Parliament for Chasefu, and also the seconder, the hon. Member of Parliament for Mandevu.

 

Madam Speaker, year in, year out, your Committee brings reports on the performance of local authorities throughout the country, and the reports are the same. They always review things like poor performance of local authorities throughout the country, but meanwhile, local authorities are supposed to drive the decentralisation agenda. Now, if local authorities are not able to perform efficiently, service delivery to the people becomes a compromise.

 

Madam Speaker, we know the challenges local authorities are facing. Today, we can talk about innovations and there are local authorities in rural areas like Chama, for instance, where there are no sources of revenue. We know that in the past, and the Second Republic in particular, local authorities were very robust because they had steady sources of revenue. However, those sources of revenue are no longer there. Local authorities used to get revenue from house rentals, which is no longer the case. They used to get revenue from motor vehicle licenses and so on and so forth. All these have been removed, but we expect the local authorities to perform. I feel that we must take radical measures. The State must find a way in which local authorities should be able to generate resources.

 

The estate sector, Madam Speaker, is a very lucrative business. We have a shortage of accommodation in this country. Why can we not help local authorities obtain loans through Government-guaranteed loans and build houses, so that they can have a steady income? So those are the challenges we are facing. So, as long as we do not take radical measures, these problems will be there every now and then.

 

Madam Speaker, let me comment on the Local Government Equalisation Fund (LGEF). It has been a long time since the LGEF was increased. How do we expect local authorities to pay salaries? The chairperson was lamenting here that councils are now in arrears. Those in management at Chama Town Council have not been paid for three to four months because the Local Government Commission has employed new officers in the local authority, but without a corresponding increase to the LGEF. Then, we expect local authorities to pay salaries on time. So, there is a need to increase the LGEF otherwise, the challenges local councils are facing will continue.

 

Madam Speaker, there are local authorities in this country which are rich. Surely, does Lusaka City Council, Kitwe City Council, Kalumbila Town Council and Solwezi Municipal Council need the LGEF? These are rich local authorities, but they also get the LGEF just like other local authorities which do not have sources of revenue. Therefore, before the Local Government Commission employs new officers, it must mobilise resources to avoid a situation whereby workers go for many months without receiving their salaries. Meanwhile, we want the same officers to implement the Constituency Development Fund (CDF). So, those are the challenges.

 

Madam Speaker, in the report, the issue of fire tenders was also highlighted. It is unfortunate that most local authorities do not have fire tenders. For example, Chama Town Council and several other local authorities do not have fire tenders. When fire breaks out, there is nothing they do. So, the Government must have a deliberate policy and ensure that all local authorities in this country have fire tenders. The hon. Minister of Finance and National Planning can even zero-rate duty on the importation of fire tenders so that all local authorities can have fire tenders, unlike the current situation.

 

In conclusion, Madam Speaker, let me comment on the issue of unrealistic budgets. Most local authorities come up with unrealistic budgets.  They target to collect K20 million, meantime, they can only collect K6 million. So, they are giving a false impression to the Government that they have the capacity to generate resources when they do not have. So, there is a need for the Ministry of Local Government and Rural Development to ensure that local authorities provide realistic budgets rather than giving a false impression that they can generate resources.

 

Madam Speaker, I support this report, but more needs to be done. We need to undertake radical measures for local authorities to be where they were in the past.

 

With those few remarks, Madam Speaker, I thank you.

 

Mr Katakwe (Solwezi East): Thank you very much, Madam Speaker, for this opportunity to add a few words to the debate on the report.

 

Madam Speaker, I support the report of your Committee. In doing so, I would like to highlight a few things with particular interest in my constituency and, that is, Mushindamo Town Council.

 

Madam Speaker, item 84.1, on page 199, talks about favourable performance in revenue collection. Of course, the statement is about the local authority underperforming in terms of revenue collection. The local authority attributed that failure to the delayed construction of the Solwezi/Kipushi Road. So, becaue of that delay, it prevented the shops that are in the border area from operating for the council to collect revenue.

 

Madam Speaker, I have been lamenting and requesting the Government on the Floor of this House to expedite the construction of the Solwezi/Kipushi Road because that is one of our cash cows for our local council to collect the revenue that is expected to develop Mushindamo Town Council and also the infrastructure that we need. So, this was observed and highlighted in the report. If that road is constructed and toll plazas are placed on it, we can collect a lot of revenue because right now, many heavy-duty vehicles are using the road to go to the Democratic Republic of Congo (DRC). So, it is very important to have that road constructed. I appeal to the hon. Minister of Housing, Infrastructure and Urban Development to expedite the financial closure that he has been talking about so that a contractor can start working on that road. The road is just 127 km to the border, but it has potential to bring revenue into the country.

 

Madam Speaker, Item No. 84.3 in the report talks about failure to achieve targets. Your Committee’s report states that out of 1,182 planned deliverables, Mushindamo Town Council managed to implement only 332, representing 28 per cent implementation rate. Of course, the reasons stated include lack of transport, over-estimated targets and delays in the procurement and planning approach.

 

Madam Speaker, the report also talks about township roads. Mushindamo is just a village; it is a rural constituency. So, where are the roads? The report talks about such kind of infrastructure, yet the council is not supported to implement the deliverables. Mushindamo Town Council does not even have a fire tender, skips for refuse collection or a utility vehicle. So, how do we expect it to achieve its targets? The same situation is prevailing in many councils. So, my appeal to the Ministry of Local Government and Rural Development is that the newly-created districts should be prioritised in terms of support, transport and fire tenders. We have firemen, but they do not have equipment.

 

Madam Speaker, the last point I would like to talk about is Item No. 84.4, which is failure to prepare an integrated waste management plan. Of course, the report has highlighted that issue. Indeed, as I have stated, Mushindamo Town Council needs to be capacitated. We know that devolution has taken place. Certain functions from the Central Government have been devolved to local authorities, but they have not been capacitated in terms of human resource. The report states that there were fourteen vacant positions at the council at the time of the audit. Those vacancies have not been filled. So, I appeal to the Local Government Service Commission (LGSC) to fill the vacancies in Mushindamo in order to enhance execution of plans, particularly the waste management plan. You cannot execute plans when you are not equipped with the necessary tools.

 

Madam Speaker, in supporting the Motion, I needed to highlight the needs of Mushindamo Town Council and the urgent need for us to see support from the Central Government.

 

I thank you, Madam Speaker.

 

Madam First Deputy Speaker: I will take the last two contributions from the hon. Members for Chienge and Chitambo, in that order.

 

Rev. Katuta (Chienge): Madam Speaker, thank you so much for giving me this opportunity to be heard on the Motion to adopt the Report of the Committee on Local Government Accounts, on behalf of the people of Chienge.

 

Madam Speaker, I think that councils have been struggling for quite some time. What surprises me is that even municipal councils and city councils, like the Lusaka City Council (LCC) and Ndola City Council, struggle to collet revenue. We have seen Town Clerks, who are the Chief Executive Officers (CEOs) of councils, replaced, yet we still experience the same thing. Does this mean that Town Clerks are ill-trained? There is a school for local authority staff in Chalimbana, but their performance does not marry with the education provided to them. I feel that maybe it is because the CEOs of councils come from within the system. Maybe, the Government, through the Local Government Service Commission (LGSC), should start advertising the top positions in councils so that people who are business-minded can be employed to come up with ideas of how to collect money for councils. We do not need someone who will be given a document to recite and then think that person will be able to collect revenue for a council.

 

Madam Speaker, we have a big challenge. The CEOs in councils are doing nothing, and the Government has contributed to the situation because the CEOs of councils are always in Lusaka. I do not know what they come to do in Lusaka. Most of the time, when one calls the Council Secretary in Chienge, one will find that he is not available, and work is left in the hands of an administrator or anyone else. When do they sit down to strategise and come up with business ideas of how to start making money? Most councils in rural areas look forward to receiving the Constituency Development Fund (CDF). They cannot use initiative to get loans to open up filling stations, for example. In a place like Chienge, if the council came up with such a project, it would be a money spinner and the council would get revenue. Councils are spoilt because they are spoon-fed. If the Government stopped spoon-feeding them, they would wake up. It has now become routine for the CEOs of councils to wake up, go to work and do nothing. All they want to do is sign documents, instead of coming up with projects to generate money for the councils.

 

Madam Speaker, if you looked at most of the motels owned by councils, you would see a sad story. No one is thinking of using a bit of innovation in running those motels by raising their standards to the level of lodges in the areas where they are situated.

 

Madam Speaker, the challenge that we have is that the job of CEO is given to those who have spent many years working in councils as appreciation. It should not be like that. Had the CEOs in councils been hardworking, they would be contributing ideas on innovation. So, I think that the LGSC should be advertising the job of CEO in councils to outsiders who can run councils as business entities. As much as I appreciate that councils used to collect taxes on behalf of the Road Transport and Safety Agency (RTSA) or whoever, we cannot allow councils to be dependent on other institutions, when they can even set up farms. They own land; they can come up with anything. We have a challenge because councils wait to be given money by the Government, like the Local Government Equalisation Fund, which they do not even account for. They do not even provide reports to hon. Members of Parliament on how they use that fund. So, I would like to urge the House to ensure that the position of council CEO, which is the Council Secretary or Town Clerk, is given to people who are business-minded, and the positions should be advertised to the public so that we recruit people who are going to change the face of councils.

 

I thank you, Madam Speaker.

 

Mr Mutale (Chitambo): Madam Speaker, I am very grateful for being given this chance to add my voice to the debate on the Motion to adopt the Report of the Committee on Local Government Accounts.

 

Madam Speaker, firstly, let me thank you for coming up with that Committee because it is working very well as a watchdog to keep our councils in check and ensure that they do the right things.

 

Madam Speaker, also allow me to thank the mover and the seconder of the Motion and all the hon. Members of Parliament who have debated. That shows that it took a lot of time to produce the report. You can tell from its volume that the chairperson and the Committee did a very good job.

 

Hon. UPND Members: Hear, hear!

 

Mr Mutale: Madam Speaker, I only took time to read page No. 383 of the report, which has an interesting story on misapplication of funds by the Rufunsa Town Council, Kasama Municipal Council, Lunte Town Council, Lusaka City Council and Mambwe Town Council and so on. My first issue is that local councils must accept that their capacity is not enough to generate and disburse funds, and to receive the Constituency Development Fund (CDF) and to disburse it in such a manner that our people can benefit and utilise it. At the moment, our local councils concentrate on the money that is deposited into their accounts, which they do not generate. Their concentration is on the CDF. Instead of paying attention to other things that are going wrong in the local councils, their duties are now to look at the CDF, and even misapply it. That is painful because the local councils we once knew could generate money for themselves and pump it into the community, and the community would be happy with their services. It is a different story today. Their work is about looking at who the next contractor is, what that contractor is supposed to do and, maybe, share with them when they conduct work in that community. It is not just about misapplying funds, it is also about the work that is done in certain local councils, which is kind of shoddy, and lacks supervision. That is not only a breach. People must not take the misapplication of funds lightly.

 

Madam Speaker, I also read the Committee’s recommendation about erring entities paying back the money. Are you sure that after an officer misapplies funds, which are taken somewhere they cannot be traced a 100 per cent, and this is true, it is enough for the Committee to only end at recommending that the officer pays back the money? I do not know who is going to ensure that the money is paid back. I have many questions for the Committee’s chairperson. I am sure when he responds, he will answer my questions. The first question is: How is the Committee going to ensure that the monies are paid back, and followed up to the letter? Secondly, who is going to see to it that the money that was misapplied from the projects or whatever was done is given back in the correct form? For example, erring officers should not get money from one Vote to pay towards the Vote that would be in question, and we question them again on the other Vote. That would just be like transferring problems from one Vote to another. The third one is: Is it possible for those people to be reported to the powers that be, so that the matters can be actioned, and we see results so that a lesson is learned and people stop doing things that they know are wrong? I know for sure that most of our managers know the rules of financial management. So, for them to misapply funds, I take it as a deliberate action, because they have heard Parliament talk about it, but it is now becoming like a syndrome. Why can the Committee, for once, not recommend that those people be forwarded to the powers that be so that they can be dealt with in a manner that can ensure that tomorrow or the next time whoever comes into the office does not do the same? If we allow this to continue, hon. Members will start crying about having their CDF allocations assigned to their offices so that, maybe, they can do something instead of giving the money to people who take it elsewhere, yet nothing is done about it. If nothing is being done about those people, they will not stop. So, my cry to the chairperson is that the Committee considers making recommendations that, maybe, can be used to act upon rather than asking a person to refund what he/she misapplied.

 

I thank you, Madam Speaker.

 

The Minister of Water Development and Sanitation (Eng. Nzovu) on behalf of the Minister of Local Government and Rural Development (Mr Sialubalo)): Madam Speaker, the Ministry of Local Government and Rural Development would like to thank the Office of the Auditor-General for the work it did in auditing the 116 local authorities for the financial year ended 31^st December, 2023. Let me also sincerely thank the Committee on Local Government Accounts, which interfaced with all the local authorities to appreciate the issues raised in the Auditor-General’s report. The Committee produced a quality report. I would like to thank the mover, the chairperson, Hon. Nyambose, for the job well done, probably because he is a local Government expert himself.

 

Madam Speaker, a number of issues were raised by the Auditor-General with respect to how local authorities manage the resources that are entrusted to them. The ministry, which oversees the operations of local authorities, will continue to monitor and supervise the local authorities to promote accountability and efficiency in service delivery.

 

Madam Speaker, various hon. Members who added their voices to the debate on this Motion brought out a number of issues from poor revenue collection, local authorities’ dependence on the equalisation fund and Constituency Development Fund (CDF), unrealistic budgets, poor provision of services, personalisation of council assets to over-employment and under-employment of staff. They raised issues on retirees’ payments and the failure to pay statutory obligations. They also brought up an interesting subject on the poor management of assets. They all agreed on their opinions on assets, particularly vehicles and insurance. They raised the issue of the ‘forty-two for forty-two’; US$42 million for forty-two fire tenders, and how US$1 million was spent on each fire tender. Some hon. Members attributed this over-expenditure to the lack of fire tenders in many local authorities.

 

Madam Speaker, to ensure that local authorities are held accountable for both the issues that hon. Members raised on the resources the local authorities receive as well as service delivery, the ministry has put in place the following measures:

 

Revenue Mobilisation

 

Madam Speaker, the ministry is working to develop and review existing policies and laws that will enhance the revenue collection capacity of local authorities. Among these laws are the Local Government Act, the Rating Act, the solid waste management policy, and the outdoor advertising policy. In addition to legislative review, the ministry, in conjunction with local authorities, is also developing a revenue-enhancing strategy that will help local authorities diversify revenue sources and improve revenue collection efficiency.

 

Implementation of an Automated Finance Management System

 

Madam Speaker, the ministry, in conjunction with the Office of the Auditor-General, is working on introducing an automated financial management system for local authorities, which will facilitate the digitalisation of all financial management processes, making it easier to maintain accurate and traceable documentation of expenditure.

 

Staff Development Programmes

 

Madam Speaker, the ministry is promoting professional development, through the Local Government Service Commission, to improve the skills of local authority staff and ensure that they meet the demands for service delivery.

 

Performance Management Framework

 

 Madam Speaker, the ministry is implementing a mechanism to track the progress of local authority activities against their strategic plans. This measure provides insights into their performance against the set targets for service delivery.

 

Strengthened Oversight Mechanisms

 

 Madam Speaker, the ministry, working with the Local Government Service Commission, has strengthened the internal audit function within local authorities to ensure regular checks on budget execution and prevent misallocation of funds.

 

Madam Speaker, in conclusion, the ministry will continue to strengthen oversight mechanisms on local authorities to ensure that they play their service delivery mandate for the benefit of the people.

 

Madam Speaker, let me sincerely thank the Committee for the valuable guidance it provided to the local authorities and the Ministry of Local Government and Rural Development during its interaction on the Report of the Auditor-General on the Audit of Accounts of Local Authorities for the Financial Year Ended 31^st December, 2023.

 

Madam Speaker, the Ministry of Local Government and Rural Development, working with other key stakeholders, will ensure that the Committee’s recommendations are fully implemented.

 

Madam Speaker, I thank you.

 

Mr Nyambose: Madam Speaker, thank you very much for giving me this opportunity to wind up the debate.

 

Madam Speaker, first and foremost, I would like to thank the vice-chairperson of the Committee, Hon. Shakafuswa, for ably seconding this Motion, Members of the Committee, and also the hon. Members who contributed to the debate on this Motion. These include Hon. Fube, Member of Parliament for Chilubi; Hon. Chinkuli, Member of Parliament for Kanyama; Hon. Mtayachalo, Member of Parliament for Chama North; Hon. Dr Katakwe, Member of Parliament for Solwezi East; Hon. Rev. Katuta, Member of Parliament for Chienge and Hon. Mutale, Member of Parliament for Chitambo. I humbly appreciate the debates that have been put forward, and in a minute, I will respond to the issues raised by the hon. Members who have debated.

 

Madam Speaker, it is the desire of the Government and every Zambian to have an effective and functional local government system. Hon. Members have lamented that audit queries have been arising year in, year out, and no action has been taken to see to it that they come to an end. The Committee tried its best to make recommendations within its terms of reference, and it engaged the Local Government Service Commission, which is supposed to mete out punishment to the erring officers.

 

Madam Speaker, I will give an example of Lunte Town Council where some officers personalised cameras and laptops, which were bought using resources for the council. When the officers were transferred, they went with them. So, this is a cultural thing. Who is supposed to take action? Definitely, not the Committee. When we make recommendations, the Local Government Service Commission comes in. So, the issue of cultural behaviour needs to be dealt with by the Ministry of Local Government and Rural Development. That is our wish, and we believe that the ministry will deal with that issue.

 

Madam Speaker, the other issue concerns the misappropriation of resources. These things are happening. As highlighted by the hon. Member for Chitambo, these things are happening in certain councils, year in, year out. We inform the public through your Committee, and we expect the ministry and the commission to take action. At one point, we even suggested that, if we were to address the issue of misappropriation of resources, we needed to amend the laws as is done in other jurisdictions. Maybe, we will be able to address this issue.

 

 Madam Speaker, in conclusion, the issue of the Ward Development Fund, which is supposed to be 5 per cent of the locally generated revenue, has been ignored. Councillors have nothing to show their people. They are not able to generate resources for themselves, for service delivery and also for the Ward Development Fund. Therefore, in future, promotions should be performance-based so that when one sees a Town Clerk, one can relate to their performance. However, at the moment, the performance of some Town Clerks is dismal. It is worrying, as stated.

 

Madam Speaker, I want to conclude by thanking everyone who contributed to the debate and the Acting hon. Minister of Local Government and Rural Development for the response. As a Committee, we shall continue to do our best to inform the public concerning such issues.

 

Madam Speaker, I thank you.

 

Question put and agreed to.

 

_______

 

BILLS

 

SECOND READING

 

THE LANDS AND DEEDS REGISTRY (Amendment) BILL, 2025

 

The Minister of Lands and Natural Resources (Mrs Masebo): Thank you, Madam Speaker.

 

Madam Speaker, the Bill, which seeks to empower the registrar to cancel erroneously and fraudulently acquired titles, is very well-intended to help the people of Zambia, especially the poor and vulnerable, as well as investors and lending institutions. However, as a listening Government of the people of Zambia, we want to allay all fears and concerns expressed by various stakeholders. We also want to consult more widely with our traditional leaders, chiefs, local authorities, banks and, indeed, others.

 

Madam Speaker, it is for this reason, with leave of the House, that I beg to move that the Bill be deferred to a later date.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Hon. PF Members: Kwenyu!

 

Madam First Deputy Speaker: Order, hon. Members!

 

Question put and agreed to. Leave granted.

 

The debate on the Bill, by leave, accordingly deferred.

 

HOUSE IN COMMITTEE

 

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the

Chair]

 

THE SUPERIOR COURTS (Number of Judges) BILL, 2025

 

Clauses 1, 2, 3, 4, 5, 6 and 7 ordered to stand part of the Bill.

 

Title agreed to.

 

HOUSE RESUMED

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

The following Bill was reported to the House as having passed through Committee without amendments:

 

The Superior Courts (Number of Judges) Bill, 2025

 

Third Reading on Thursday, 31^stJuly, 2025.

 

THIRD READING

 

The following Bill was read the third time and passed:

 

The Border Management and Trade Facilitation Bill, 2025

 

_______

 

MOTION

 

ADJOURNMENT

 

The Minister of Defence and Acting Leader of Government Business in the House (Mr Lufuma): Madam Speaker, I beg to move that the House do now adjourn.

 

Question put and agreed to.

 

_______

 

The House adjourned at 1753 hours until 1400 hours on Thursday, 31^st July, 2025.

 

___________