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Debates- Thursday, 24th March, 2011
DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY
Thursday, 24th March, 2011
The House met at 1430 hours
[MR SPEAKER in the Chair]
NATIONAL ANTHEM
PRAYER
________
MINISTERIAL STATEMENT
DEVELOPMENT OF THE MINING SECTOR IN ZAMBIA
The Minister of Mines and Minerals Development (Mr M. B. Mwale): Mr Speaker, I would like to thank you for according me an opportunity to give a ministerial statement on the development of the mining sector in Zambia. This sector is currently contributing an average of 10 per cent to the gross domestic product (GDP), as opposed to the 40 per cent achieved in the late 1960s when there were fewer players in the economy. However, the mining sector has the potential to contribute in excess of 10 per cent to the GDP notwithstanding the growth in other sectors.
Sir, the Government has a strong and clear strategy for the development of the mining sector which is to have a vibrant, well organised private sector and private-public partnership (PPP) driven mining sector contributing in excess of 20 per cent to the GDP and providing a platform for the sustainable economic growth of the country.
Therefore, the Government endeavours to attract and encourage private sector participation in the exploration and commercial exploitation of mineral resources.
The House may be aware that Zambia has been a mining country for over ninety years. Since the privatisation of the industry in 2000, two types of mining operations have been merged, the first being the older operations at Luanshya, Kitwe, Mufulira, Chambishi, Chingola, Chililabombwe, Nampundwe and Maamba, and the second being the greenfields which have been developed in Solwezi, Lumwana and Mazabuka.
(1) Updating Older Mines
Mr Speaker, the older mines are ageing and it is inevitable that at some point in the future, they will close down. However, due to the favourable economic environment coupled with a strong Government policy on mining, operations have continued in areas where the old mines are found.
I am glad to update the House on details with regard to mining the older mines as follows:
(a) Luanshya
The operations of the Baluba Underground Mine in Luanshya will be superseded by the Mulyashi Mine under the Chinese investor, China Nonferrous Metal Mining Company (CNMC). The proven ore reserves are estimated at 35 million tonnes at a grade of 1.6 per cent copper. Production is expected to commence at the end of 2011, and the mine is expected to be in operation for another twelve and half years. This is a very conservative life span which could, however, stretch to twenty years with further exploration.
(b) Kitwe
The development of the Nkana Synclinorium will replace the Mindolo Mine operations and prolong mining in Nkana for another twenty-five years. The proven ore reserves are estimated at 80 million tonnes at a grade 1.85 copper and 0.08 per cent cobalt.
(c) Chingola
The development of the Nchanga Upper Ore Body in Chingola will replace the lower ore body and extend the life of that underground operation for another twenty-five years. The upper ore body reserves are estimated to be 55 million tonnes at a grade of 2 per cent copper and 0.16 per cent cobalt.
The open pit operations are composed of Nchanga Open Pit, Chingola Open pits D, F and Fitobaula. Together, the pits’ reserves are estimated to be 7.8 million tonnes at an average grade of 1.27 per cent copper. At the current rate of mining, these pits have a life span of twelve years. Unless there are further developments, operations are expected to cease in 2023.
(d) Chililabombwe
The development of the Konkola Deep Mine has secured the operations of Konkola Mine for another thirty-five years. The reserves stand at 200 million tonnes at a grade of 3.5 per cent copper.
(e) Mufulira
Mufulira Mine is expected to cease operations in 2017. However, the Government is encouraging Mopani, the owners of the mine, to take advantage of the high metal prices and intensify exploration within and around Mufulira Mine to lengthen its lifespan. The proven ore resources at Mufulira Mine are estimated at 11 million tonnes at a grade of 2.61 per cent copper.
Sir, from the foregoing, the future of the older mining communities lies in diversification to other economic sectors. However, the Government is encouraging operators to take advantage of the favourable metal prices to secure long-term mine operations
(2) Updates on Greenfield Mines
Mr Speaker, may I now take this opportunity to inform the House on the development of the greenfield mines. The House may be aware of the recent developments in the North-Western Province where two large mines have been developed namely; Kansanshi and Lumwana.
The reserves for Lumwana Mine are estimated to be at 600 million tonnes at a grade of 0.7 per cent copper giving a lifespan of thirty-six years. The resources for Kansanshi Mine are estimated to be at 384 million tonnes at a grade of 1.1 per cent copper giving it a lifespan of sixteen years.
Future mining developments are shifting to the North/Western Province which shall become the new ‘copperbelt’.
(3) Prospects for Increased Copper Production in Zambia
Sir, at the end of the privatisation process in 2000, copper production had declined to 250,000 tonnes due to a number of reasons such as poor metal prices, lack of recapitalisation and high production costs. Since privatisation, copper production has been on the rise. In 2010, copper production reached a high of 713,000 tonnes. The mining sector is now going through various stages of mining development. It is projected that copper production will hit 1 million tonnes per annum by 2015 given the current rate of development in the mining sector supported by good Government policies and the high commodity prices.
The projected production of one million tonnes of copper per year will be as a result of the additional contribution from the following new copper projects:
(i) Konkola North Copper Project – Vale and African Rainbow Minerals;
(ii) Nchanga Copper Refractory Ores – Konkola Copper Mines Plc (KCM);
(iii) Trident Kalumbila Copper Mine – First Quantum Minerals(FQM); and
(iv) Mkushi Copper Project (Fishtie Mine) – FQM.
Mr Speaker, allow me now to give details of the said copper mining projects.
Konkola North Copper Project - Vale and African Rainbow Minerals
Konkola North Mine was acquired by Avmin of South Africa from the Zambia Consolidated Copper Mines (ZCCM) Limited at privatisation. ZCCM Limited retained a 20 per cent shareholding in the mine. The mining licence was later transferred to Teal (Z) Limited and eventually to its current owners, African Rainbow of South Africa and Vale of Brazil. The estimated ore reserve is 246 million tonnes at a grade of 2.26 per cent copper which translates into a total of 5.6 million tonnes of copper.{mospagebreak}
The two companies hold 80 per cent shares in the Konkola North Mine whilst the remaining 20 per cent shares are held by ZCCM-IH with 5 per cent shares making up the free carry component. The development of the mine has already commenced and was officially commissioned by the President in October, 2010. Copper production is scheduled to start at the end of 2013 and the projected output is 15,000 tonnes of copper in the form of concentrates and will ramp up to 45,000 tonnes by 2015.
Nchanga Copper Refractory ores – Konkola Copper Mines PLC
Mr Speaker, Nchanga Copper Mine has stockpiled on the surface copper refractory ores and the stockpile stands at 150 million tonnes at a grade of 0.68 per cent giving a total of one million tonnes of recoverable copper. The KCM is developing a metallurgical process for the treatment of the Nchanga refractory ores (CRO) with an annual capacity of 50,000 tonnes of finished copper.
Trident Kalumbila Project – First Quantum Minerals
Mr Speaker, the Trident Mine Project being developed by FQM is another large project in the North-Western Province for copper, uranium and nickel. The development of the mine is scheduled to start in January 2012 and production is expected to come on line in 2014. The ore reserves are estimated at 700 million tonnes at a grade of 0.8 per cent copper.
Mkushi Copper Project (Fishtie Mine) – FQM
Mr Speaker, FQM has a defined copper oxide and sulphide resource in Mkushi. The feasibility studies and the environmental impact statement have already been approved in readiness for commencement of mine development. The ore reserves are estimated at 2.4 million tonnes at a grade of 2.45 per cent copper.
In addition to the copper prospects that I have just outlined, there are other mineral projects such as:
(i) Denison Mines Limited Uranium Project
Denison Mines Corporation has defined a mineable uranium ore resource at Mutanga and Dibwe in Siavonga District, Southern Province estimated at 13.7 million pounds (30,140 tonnes). Feasibility studies and the environmental impact statement have already been approved in readiness for commencement of the development of the mine.
(ii) African Energy Resources Uranium Project
African energy resources has a defined mineable uranium ore resource at Njame and Gwabe in Siavonga District, Southern Province. Feasibility studies and the environmental impact statement have already been approved in readiness for the commencement of the development of the mine. So far the estimated ore reserves are 11 million pounds (24,200 tonnes) of uranium oxide. Barring prolonged poor prices for uranium, mining should start soon and will be carried out under the uranium mining regulations developed in accordance with the International Atomic Energy Agency (IAEA) standards.
The Government is making every effort to diversify mining away from copper and has granted three large scale prospecting licences for manganese in Luapula Province to Tranta (Z) Limited, Asian Minerals Limited and Tycoon Mining Company Limited.
(4) Investment Opportunities in Exploration
Mr Speaker, currently, 42 per cent of the country remains geologically unmapped, implying that there are opportunities for exploration for various minerals which include limestones and phosphates.
There are currently many companies undertaking minerals exploration in Zambia, notable among these are:
(i) BHP Billiton who are exploring for copper and gold in Mumbwa in the Central Province and Kaoma in the Western Province.
(ii) Zhongui are exploring for copper on the Copperbelt and the North/Western Provinces.
(iii) ERA Power Infrastructure Limited Company are exploring for coal in the Southern Province.
The country’s economy has also benefited through the influx of investment into exploration for a variety of minerals. For example, in 2009, mining exploration companies spent more than US$100 million to carry out their programmes.
(5) Investment Opportunities in the Mining Value Chain
Mr Speaker, the Government encourages complete investment packages that look at total development from exploration through mining to value addition. These include the following:
(i) setting up of value addition industries in Zambia based on copper such as, for example, the manufacturing of cables, copper rods, copper tubes and chemicals; and
(ii) the development of other production processes in Zambia based on industrial minerals such as, for example, phosphates for fertiliser and limestone for cement.
(6) Employment Creation in the Mining Sector
Mr Speaker, in terms of employment creation in the mining sector, there has been an increase in the number of people employed by the sector during the post privatisation era. The numbers have increased from 28,050 in 2000 to 65,311 in 2008 and slightly dropped to 46,246 in 2009 due to the economic downturn in the global economy. Currently, the employment levels stand at 53,577 due to the rebound in metal prices on the world market leading to increased mining activities. The employment in the mining industry is estimated to rise to 80,000 by 2015. These employment levels could have been higher if it were not for greater mechanisation and automation of operations.
(7) Empowerment of Citizens in the Mining Sector
Mr Speaker, under the Mines and Minerals Development Act, 2008, the Government has restricted the issuance of small-scale mining licences to Zambian citizens only or citizen owned companies. In addition, the Government has also restricted the issuance of artisans’ mining rights to Zambians.
In conclusion, as can be noted from the foregoing, the mining sector will continue to grow in 2011 and beyond. There are a number of exploration projects expected to develop into mines during the Sixth National Development Plan (SNDP) period. These developments will eventually lead to wealth creation and increased employment and revenue to the Government Treasury for socio-economic development.
To sustain the mining sector’s contribution to the country’s development, it is required that the country promotes diversification and value addition to other mineral commodities to enhance their value to the economy. My ministry is already supporting the diversification to minerals such as manganese, iron ore and uranium.
I thank you, Sir.
Hon. Members: Hear, hear!
Mr Speaker: Hon. Members are now free to ask questions on points of clarification on the ministerial statement given by the hon. Minister.
Mr Chanda (Kankoyo): Mr Speaker, it is sad to note that the mine in Mufulira will close in 2017. May I know if Mopani is still considering mining from the Luansobe Area where it undertook exploration activities?
Mr M. B. Mwale: Mr Speaker, as the hon. Member would have noted from my statement, the Government is encouraging Mopani to undertake increased exploration within and around Mufulira Mine which caters for Luansobe Area.
I thank you, Sir.
Mr D. Mwila (Chipili): Mr Speaker, while I appreciate the information which the hon. Minister has given to this House, may I find out from him what social corporate responsibility efforts the mines he has talked about are engaged in. If you go to Wusakile and Chamboli, the roads are in a deplorable state. Could he comment on that?
Mr M. B. Mwale: Mr Speaker, I agree with the hon. Member’s sentiments over the roads in Chamboli and Wusakile. However, I would like to differ with him on his views regarding the mining companies’ corporate social responsibility because these companies pay huge rates to the local authorities and one wonders whether the local authorities in his area …
Hon. Opposition Members: Question!
Mr M. B. Mwale: … utilise the monies that are paid by the mining companies. However, this does not mean that mining companies cannot do more. Therefore, I would like to urge the local authorities to efficiently utilise the monies that are paid to them through rates.
I thank you, Sir.
Hon. Government Members: Hear, hear!{mospagebreak}
Mr Simuusa (Nchanga): Mr Speaker, leading sources in this country and elsewhere, including the World Bank, have been quoted stating that the contribution of the mining industry to Zambia’s GDP is 3 per cent. I wish the hon. Minister to say where he got his data from for him to say that the mining industry contributes 10 per cent to the country’s GDP.
Mr M. B. Mwale: Mr Speaker, that is typical of the chairperson of mines of the Patriotic Front (PF).
Hon. PF Members: Question!
Hon. Government Members: Hear, hear!
Mr M. B. Mwale: It is about time that the hon. Member developed trust and confidence in Government institutions.
Hon. Government Members: Hear, hear!
Mr M. B. Mwale: Mr Speaker, I wish the hon. Member could have told us where he got the 3 per cent contribution that the mining industry makes to the GDP. As far as we, as a Government, are concerned, we have an institution, if he does not know, called the Central Statistical Office (CSO) which compiles these figures. By our standards, these statistics are quite accurate and are reported in international fora.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Dr Scott (Lusaka Central): Mr Speaker, I think that the hon. Minister for the Movement for Multi-Party Democracy (MMD) Government in the Ministry of Mines and Minerals Development, with practice, might also become innumerate. The 3 per cent and 10 per cent figures refer to percentages of tax revenue rather than contribution to the GDP. Is this not correct?
Hon. Government Members: What is the question?
Mr Speaker: The question was: Is that not correct?
Mr M. B. Mwale: Mr Speaker, in fact, if I may inform the hon. Member of Lusaka Central, who advocates for gay rights, …
Interruptions
Mr Speaker: Order! Order!
Laughter
Mr Speaker: Order! Order!
Interruptions
Mr Speaker: Order! Order! The hon. Minister will withdraw that statement and answer the question.
Mr M. B. Mwale: Mr Speaker, I withdraw my statement. However, I would like to inform the hon. Member that, according to our statistics, the contribution of the mining sector in terms of taxes to our National Treasury now stands at 30 per cent and not 3 per cent.
I thank you, Sir.
Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, we have heard so much about mineral exploration taking place in the country. May the hon. Minister tell the House whether there is any hope, on earth, of copper mining companies opening operations in the Eastern Province of Zambia.
Interruptions
Mr Speaker: Order!
Mr M. B. Mwale: Mr Speaker, the hon. Member for Chasefu has expressed that concern as he is desirous to see that development is taken to his constituency. The starting point is that the said commodities should exist in this area through the act of nature. The information that we have, according to geological surveys, is that there are only very small mineral deposits in Petauke District which are only amenable to small-scale and not large-scale operations.
I thank you, Sir.
Mr Kapeya (Mpika Central): Mr Speaker, the Geological Department has clearly shown that there are good amounts of mineral deposits in Mpika District. May I learn from the hon. Minister the Government’s plans of mining these minerals despite individuals and small companies having failed to do so.
Mr M. B. Mwale: Mr Speaker, indeed, I can confirm that there are a number of mineral deposits in the Northern Province, including in Mpika. However, what should be understood is that the same small-scale mining right holders, whom he has referred to, are stopping large-scale mining operators from moving into Mpika. May I take this opportunity to appeal to these small-scale mining operators to partner with those who may have capital so that we may see large-scale mines being opened in the Northern Province.
I thank you, Sir.
Mr Chisala (Chilubi): Mr Speaker, the Bangweulu region, Chilubi inclusive, has a number of mineral deposits which have not been identified. May I know when the Ministry of Mines and Minerals Development will send a team to do explorations there.
Mr M. B. Mwale: Mr Speaker, the hon. Member for Chilubi is informing this House that there are a number of minerals in Chilubi that have not been identified to date. So, I am at loss as what he is referring to.
I thank you, Sir.
Laughter
Mr Misapa (Mporokoso): Mr Speaker, I will condense my question. I would like to find out when the hon. Minister is thinking of taking people for exploration to Mporokoso, especially that we have plenty of copper deposits in that area.
Hon. Opposition Members: Hear, hear!
Mr M. B. Mwale: Mr Speaker, in fact, the hon. Member, in part, contributed to denying Mporokoso development because when we, as a serious Government, …
Interruptions
Mr Speaker: Order!
Mr Kapeya: Ulebako serious iwe!
Mr Speaker: Order! Listen.
Mr M. B. Mwale: … were identifying investors to go to Mporokoso, he was denying them access to that area.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Hon. PF Members: Question!
Mr Msichili (Kabushi): Mr Speaker, at the time the Government suspended the windfall tax, some companies had not yet paid this tax due to the Government. I would like to find from the hon. Minister how many companies had not yet paid and when they are going to pay.
Mr M. B. Mwale: Mr Speaker, I can only confirm that the said mining companies should pay by the end of June, 2011.
I thank you, Sir.
Ms Mwape (Mufulira): Sir, can the hon. Minister tell this House and the nation at large, without politicking, whether or not Mokambo Mine in Mufulira will be reopened. This is seeing that the life span of the Mufulira Mine is likely to end in 2017, especially that 90 per cent of employment in Mufulira is provided by the mines.
Hon. PF Members: Hear, hear!
Mr M. B. Mwale: Mr Speaker, I thank the hon. Member for the follow-up question and, particularly, the concern for the people of Mufulira which I dearly share with her. She would have done well first to understand why Mokambo Mine has not resumed operations. If she may know, Mokambo Mine was operated in the 1970s by a Romanian company, but, due to the poor ground and water problems, the mine closed.
However, Sir, I would like to inform her that there is a company that is undertaking exploration and had it not been for the global financial crisis, it would have come on board. However, this company has now indicated to the ministry that it shall resume the exploration activities leading to mining.
I thank you, Sir.
Mr Imenda (Lukulu East): Mr Speaker, I wish to know the benefit, to the country, derived from the huge copper production complemented by the all-time high attractive copper prices vis-à-vis the revenue to the treasury and employment creation.
Mr M. B. Mwale: Mr Speaker, in my statement, I mentioned the issue of employment creation. I did state that we projected that, by 2015, we should reach employment levels of 80,000. If it was not for high levels of mechanisation and improved processes, those levels could have been higher. Now, the other benefit which the hon. Member should know and accept is that mining has continued to be the major economic driver of this country. If it was not for mining, the provincial roads from the capital would not have been there aside from the moneys that we may get from our co-operating partners.
I thank you, Sir.
Mrs Musokotwane (Katombola): Mr Speaker, may I find out from the hon. Minister when explorers will be sent to the Southern Province to explore for oil, gold and copper.
Mr M. B. Mwale: Mr Speaker, I can confirm that we have demarcated some blocks in the Southern Province, …
Hon. Opposition Members: Aah!
Mr M. B. Mwale: … which are currently being advertised in the press and we hope that some developers will move into the province.
Mr Speaker, as regards copper and gold, we may not have known copper deposits in the Southern Province, but some exploration work is continuing there hoping that gold and copper can be discovered. I would like to inform the hon. Member that, apart from gold and copper, there is tin and there are some small-scale miners mining it around Masuku.
I thank you, Sir.
Mr Chota (Lubansenshi): Mr Speaker, most of our minerals are sold outside this country in raw form. Authorities in the mining industry, including the Extractive Industries Transparency Initiative, the World Bank, International Monetary Fund (IMF) and other authorities are saying that the contribution of our minerals to the GDP is 3 per cent. May I know from the hon. Minister where he got this huge 10 per cent? How did he calculate this?
Mr Speaker: The hon. Member must pay attention.
Hon. Government Members: Yes!
Mr Speaker: That question has been asked and has already been answered.
Mr Chongo (Mwense): Mr Speaker, some low cost mining operations or brownfield mines, such as those under the CNFC, pay their employees as little as K600,000 as compared to other brownfield mines, such as those under the Mopani Copper Mines, which pay not less than K2 million. What is the ministry doing to ensure that workers are not exploited and also to curtail copper thefts which are rampant at the operations under the CNFC as a result of people getting peanuts?
Mr Speaker: Order! The hon. Member will withdraw the last word, ‘peanuts’.
Mr Chongo: Mr Speaker, I withdraw the word peanuts and I replace it with ‘meagre salaries’.
Mr M. B. Mwale: Mr Speaker, I realise that this issue is getting emotive, but, I would like to state that I am equally at a loss on this matter because the hon. Member who has raised the follow-up question, knows fully-well that Chambishi, though it may be a brownfield operation, only restarted its operations while Mopani Copper Mines has been operational ever since privatisation. What do I mean by that? Mopani Copper Mines employees have been subjected to annually negotiated salary increments …
Mr D. Mwila: Aah!
Mr M. B. Mwale: … since privatisation, whereas Chambishi and Luanshya Copper mines have only been operational for a year.
Sir, when you start an operation, in case the hon. Member does not know, you do not just start from the high ceiling, you start from the lowest pace in terms of salaries and then you subject that salary to an increment dependent on the negotiated amount by the unions.
Mr Speaker, so, what should be understood is that the amounts the hon. Member has mentioned will be caught up with through the annual increments that are awarded through negotiations. May I, also, state one thing. Those who seem to be talking so much about the World Bank should realise that it is the one which told us that there is no future in mining, but we have proved it wrong.
I thank you, Sir.
Hon. Government Members: Correct. Hear, hear! Boma!
Dr Machungwa (Luapula): Mr Speaker, in previous statements in this House, the hon. Minister has indicated that there are some copper deposits in various districts in the Luapula Province. What are the prospects of that province getting some large-scale mining operations?
Mr M. B. Mwale: Mr Speaker, indeed, there are some copper deposits in Luapula, even in districts such as Chienge and there are some mining houses which are carrying out exploration. However, for meaningful large-scale operations to be undertaken in these areas, there has to be meaningful exploration to be undertaken so that they can define the mineral resources and that takes a period of not less than seven years.
I thank you, Sir.
Mr Mwenya (Nkana): Mr Speaker, I would like to find out from the hon. Minister of Mines and Minerals Development what the deliberate policy of the Government is as regards the massive mining activities taking place in the country. What is the Government doing to encourage investment in using part of the copper or minerals that are being produced locally to produce finished products which might act as a multiplier effect in job creation.
Mr M. B. Mwale: Mr Speaker, indeed, if the hon. Member listened intently, I did mention the investment opportunities in the mining value chain, which include the areas of his concern. However, what should be understood is that, as we are talk about value addition to our products, what is key is the availability of a market because that is essential.
I thank you, Sir.
_____________
QUESTIONS FOR ORAL ANSWER
KASALU/CHOOMBWA/NALUBANDA ROAD
388. Mr Hamusonde (Nangoma) asked the Minister of Works and Supply when the road from Kasalu via Choombwa to Nalubanda would be rehabilitated.
The Deputy Minister of Works and Supply (Mr Mangani): Mr Speaker, the Kasalu via Choombwa to Nalubanda Road is an unclassified earth road in Monze District of Southern Province.
Hon. UPND Members: Monze!
Mr Mangani: There are currently no funds for the rehabilitation of the road in the approved 2011 Annual Work Plan due to severe budgetary constraints.
However, the Government of the Republic of Zambia purchased heavy road construction equipment which was distributed to all the nine provinces of the country. The equipment was placed under the Rural Roads Unit (RRU) by the Ministry of Works and Supply. It is, therefore, anticipated that once the provincial administration, in liaison with the district council, identifies this road as a priority road, it may be included in the RRU’s maintenance programme.
I thank you, Sir.
Mr Hamusonde: Mr Speaker, that road is in Nangoma Constituency, in Mumbwa District.
Hon. UPND Members: Not Monze!
Mr Hamusonde: Is the hon. Minister aware that this road has never been graded since the Movement for Multiparty Democracy (MMD) came into power twenty years ago, and yet this road is a shortcut to Nalubanda where my constituency borders Itezhi-tezhi?
The Minister of Works and Supply (Mr Namulambe): Mr Speaker, there are many roads that have been worked on. It is the duty of the local authority to ensure that all the roads under their jurisdiction are registered for grading. In this case, we advise the hon. Member of Parliament who is a councillor in the council in his area to move a motion to ensure that the road is worked on. I think since we have the local authorities as road agencies, we are going to ensure that the equipment under the RRU is used to work on that said road if he makes a submission.
I thank you, Sir.
Mr Mooya (Moomba): I heard the hon. Minister stating that the road is unclassified. When is such a very important road going to be classified?
Mr Namulambe: Mr Speaker, depending on the recommendations by the council, we are going to have it classified if the submissions are made.
I thank you, Sir.
Mr Beene (Itezhi-tezhi): Mr Speaker, I would like to find out from the hon. Deputy Minister of Works and Supply why he is misleading this House. The equipment from China is malfunctioning. He is supposed to tell us that the equipment he is expecting to go and grade this road from Kasalu via Choombwa to Nalubanda has broken down. He has not told this House that he has not even repaired the graders which have all broken down and have been placed on stones.
Mr Namulambe: Mr Speaker, we are not aware that the equipment is not working. However, we have the backup spare parts for all the graders that were bought from China. Therefore, we will work on the equipment. If there is that report, we are going to follow it up and ensure that the grader is in working condition.
I thank you, Sir.
Mr Ntundu (Gwembe): Mr Speaker, I would like to find out from the hon. Minister whether there is any harm, when asked such a very important question, to have gone further to find out from the people who are managing the equipment in the province.
Mr Ntundu pointed a finger at Hon. Namulambe.
Mr Speaker: Watch that finger.
Laughter
Mr Ntundu: I would like the hon. Minister to find out if there is any harm, when such an important question is asked concerning a road in Nangoma Parliamentary Constituency, for him to have gone to the people managing the equipment to ask them when the road will be rehabilitated.
Mr Namulambe: Mr Speaker, I want to thank the hon. Member for Gwembe for raising the symbol for our party.
Laughter
Mr Namulambe: There is no harm, but what we have done is to appoint all councils as agencies. Therefore, it is up to our agencies to make submissions and then we will act on them.
I thank you, Sir.
Mr Mwiimbu (Monze Central): Mr Speaker, I would like to find out from the hon. Minister whether he is implying that the officers in his department are negligent, considering that most of the equipment that was sourced from China is not operational. Is he also aware that, currently, in Monze, there are four graders that have not been functioning as a result of the poor state of the machinery?
Mr Namulambe: Mr Speaker, when an officer is negligent, we take disciplinary action against such an officer. However, this equipment can break down just like people die despite going to the hospital.
Interruptions
Mr Namulambe: We are going to ensure that we work on this equipment because our task is to ensure that we work on the roads and this is dependent upon the same equipment. We are going to ensure that we repair the equipment that has broken down.
I thank you, Sir.
Mr Muntanga (Kalomo Central): Mr Speaker, the original answer from the hon. Minister was that there is no money for Monze District. Is there any money for Mumbwa District where this particular road is linked to Itezhi-tezhi and not Monze?
Mr Namulambe: Mr Speaker, we approved the budget in this House. Therefore, in the budget, there is no provision for this road. This is why we are saying that, since we have a block figure in the provincial budget, then the RRU can look at it and then provide for it. That way, the road can be worked on.
I thank you, Sir.{mospagebreak}
VOTERS’ REGISTRATION EXERCISE
389. Mr Mwango (Kanchibiya) asked the Vice-President and Minister of Justice:
(a) how many people were registered as voters as of 31st December, 2010 countrywide, province by province;
(b) how many new voters were registered during the registration exercise in 2010; and
(c) how much money the Government spent on the above exercise in 2010.
The Deputy Minister in the Vice-President’s Office (Mr Munkombwe): Mr Speaker, the number of registered voters on the provisional register of voters as at 31st December, 2010 was as follows:
Province No. of Registered Voters
Central 462,559
Copperbelt 831,888
Eastern 614,289
Luapula 394,851
Lusaka 754,689
Northern 626,250
North-Western 297,607
Southern 625,018
Western 375,764
Total 4,982,915
The number of new voters registered during the 2010 Voters’ Registration Exercise, province by province is:
Province No. of Registered Voters
Central 80,431
Copperbelt 206,252
Eastern 114,853
Luapula 82,263
Lusaka 161,950
Northern 161,403
North-Western 53,009
Southern 121,580
Western 59,799
Total 1,041,540
Mr Speaker, the total amount spent on the voters’ registration exercise for the initial ninety days exercise, from 21st June to 18th September, 2010 was K119,047,938,400.00. The additional seventy-two days extension, from 19th September to 30th November, 2010 was K79,014,670,000.00, giving a total of K198,062,608,400.00.
Mr Speaker, I thank you.
Hon. Government Member: Hear, hear!
Mr Mwango: Mr Speaker, the hon. Minister has informed the House that there is an extension of the voters’ registration exercise. How many eligible voters does the ministry intend to capture? Secondly, how much is the Government going to spend on this exercise?
The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, we want to target as many voters as possible. In fact, the Electoral Commission of Zambia (ECZ) officers will be accompanied by national registration officers. However, I do not have the number of anticipated voters to be registered.
Thank you, Sir.
Mr D. Mwila (Chipili): Mr Speaker, the registration of voters has continued at civic centres countrywide. Can His Honour the Vice-President and Minister of Justice inform this House how many have been registered so far? Obviously, the figures have gone up.
The Vice-President and Minister of Justice: Mr Speaker, we are still registering voters and what we have given is the composite figure as requested by the main question. I am sure the information has been adequately provided.
Thank you, Sir.
Mr Ntundu: Mr Speaker, the number of registered voters mentioned in the answer includes the people who have passed on. Are they going to be deregistered?
The Vice-President and Minister of Justice: Mr Speaker, the process of registration also includes validation, meaning that those who have passed on are excluded from the register.
Thank you, Sir.
Mr Beene: Mr Speaker, the officers from the ECZ and National Registration Department under the Ministry of Home Affairs are working at variance.
Hon. Government Member: Aah!
Mr D. Mwila: Yes.
Mr Beene: Can His Honour the Vice-President and Minister of Justice assure the House and nation that he is going to immediately intervene because that is the situation currently obtaining, for example, in Masanga, which is in my constituency?
The Vice-President and Minister of Justice: Mr Speaker, that question is very vague. When you say they are operating at variance, what do you mean? The information we have is that officers from the Ministry of Home Affairs are supporting ECZ officers with the registration of voters.
Hon. UPND Members: No.
The Vice-President and Minister of Justice: If you have any specific details of the variance you are talking about, bring them to our attention.
Thank you, Sir.
Mrs Musokotwane (Katombola): Mr Speaker, the variance we are talking about is being faced at polling stations. The people who are registering the voters will leave. After this, the people taking national registration cards come instead of vice-versa. It is one of the variances.
Hon. Government Member: You are a teacher.
The Vice-President and Minister of Justice: Mr Speaker, I have already answered that question. However, I have taken note of that explanation of the variance and will make sure that the registration of voters is smooth.
Thank you, Sir.
Mr Mwiimbu: Mr Speaker, what measures will the Government put in place to ensure that the issuance of NRCs in all the districts in this country is not chaotic and haphazard?
The Vice-President and Minister of Justice: Mr Speaker, we have permanent registration centres which issue national registration cards. In addition, we have mobile registration. So, we are doing everything possible to ensure that people have these cards.
Thank you, Sir.
Mr Kakoma (Zambezi West): Mr Speaker, during the current mobile registration of voters’ exercise, a lot of areas have not been touched because they are inaccessible due to the heavy rains and some are flooded. May I find out whether areas such as Zambezi West, which have not been considered under the current mobile registration exercise, will be considered even after the exercise comes to an end next week. In other words, may I find out from His Honour the Vice-President and Minister of Justice whether he is going to extend the mobile registration of voters beyond next week to capture those who have not been captured.
The Vice-President and Minister of Justice: Mr Speaker, the ECZ operates independently. However, I have taken note of that information and we shall do whatever is possible to provide alternatives. In fact, we are even using a chopper to reach inaccessible areas. We also want to ensure that the people of Zambezi are registered.
I thank you, Sir.
Laughter
Colonel Chanda (Kanyama): Mr Speaker, the figure that the hon. Minister has given for Lusaka Province of 754 thousand plus voters is far short of the projected registered voters in the latest census which is 1.5 million. Is this a deliberate move?
The Vice-President and Minister of Justice: Mr Speaker, there is no deliberate move. In fact, we want as many people as possible to be registered including those in areas where we enjoy tremendous support like Lusaka.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Hon. Opposition Members: Question!
Ms Mwape (Mufulira): Mr Speaker, with the just ended census by the CSO whose preliminary results are out, can the Vice-President and Minister of Justice explain how come he has vague quantities like ‘as many as possible’ instead of actual figures going by the ages of the eligible voters as revealed in the preliminary census report. Can we have the actual quantities?
The Vice-President and Minister of Justice: Mr Speaker, the hon. Member is saying that those statistics are available from the census which was conducted by this Government and all I am saying is that I do not have those figures on my finger tips.
I thank you, Sir.
Mr Chisala (Chilubi): Mr Speaker, is His Honour the Vice-President aware that there is a critical shortage of material for the issuance of the national registration cards in Chilubi District?
The Vice-President and Minister of Justice: Mr Speaker, I have taken note of that.
I thank you, Sir.
Mr Simuusa (Nchanga): Mr Speaker, earlier on, the Vice-President and Minister of Justice said that the numbers he quoted do not include the dead. I wish to find out what methodology was used to exclude the dead.
The Vice-President and Minister of Justice: Mr Speaker, I think the information was given by the ECZ. People go to the registration centres and give that information.
I thank you, Sir.
Mr Nsanda (Chimwemwe): Mr Speaker, Zambians outside the country will be allowed to vote in this year’s election. Have you taken a census of how many Zambians are in neighbouring countries and have registered to vote, particularly in Congo DR and Mozambique?
Laughter
The Vice-President and Minister of Justice: Mr Speaker, I do not know where the hon. Member got that information from.
Mr Speaker, I thank you.
Mr Speaker: Let me guide the House. The law in Zambia at the moment does not allow Zambians outside the country to register and vote unless they physically come and register here before they go away and then come back on the election day to vote.
Thank you.
DISTRICT COMMISSIONERS
390. Mr D. Mwila asked the Vice-President and Minister of Justice:
(a) how much money the Government had spent on the Office of District
Commissioner from inception to September, 2010, country-wide; and
(b) what the purpose of establishing the office of the District Commissioner
was.
Mr Munkombwe: Mr Speaker, the Government has spent a total of K125,644,488,770.33 on the Office of District Commissioner (DC) from inception to September, 2010, countrywide. A detailed schedule can be laid on the Table.
Mr Speaker, the purpose of establishing the Office of the DC was and still is to facilitate the co-ordination of Central Government functions and all development activities as well as harmonise these functions with those of the local authorities in order to ensure effective implementation of development programmes in the district.
Mr Speaker, I thank you.
Hon. Government Members: Hear, hear!
Mr D. Mwila: Mr Speaker, may I find out from His Honour the Vice-President and Minister of Justice whether the Government monitors the conduct of the DCs …
Hon. Opposition Member: Hear, hear!
Mr D. Mwila: … because most of the time they are involved in politics.
Hon. Opposition Members: Hear, hear!
The Vice-President and Minister of Justice: Mr Speaker, we do monitor the conduct of the DCs. They perform their duties professionally.
I thank you, Sir.
Hon. Government Members: Hear, hear!
LATE PRESIDENT LEVY MWANAWASA’S ILLNESS
391. Dr Machungwa (Luapula) asked the Vice-President and Minister of Justice:
(a) how much money the ministry sent to the former First Lady in France
during the illness of the Late President Levy Patrick Mwanawasa, SC., in
a French hospital between July and August, 2008;
(b) what the purpose of the money was; and
(c) whether the money was spent on the intended purpose.
The Vice-President and Minister of Justice: Mr Speaker, this question has been asked before and the answer to this particular question, which we are repeating, is that according to our records, there was no money that was specifically sent to the former First Lady in France during the illness of the late President Dr Levy Patrick Mwanawasa, SC., between July and August, 2008.
As stated above, there was no money sent and, therefore, the issue of it being used for the intended purpose does not arise.
Mr Speaker, I thank you.
GENDER FOCAL POINT PERSONS
392. Mr Chisala asked the Minister of Gender and Women in Development how many gender focal point persons are serving in Government departments at district level countrywide.
The Deputy Minister of Gender and Women in Development (Ms Changwe): Mr Speaker, there are 136 gender focal point persons in Government departments in all the districts.
Mr Speaker, I thank you.
Mr Chisala: Mr Speaker, if that number occurs countrywide, I would like to know why the ministry has not sent a gender focal point person to Chilubi District.
Mr Speaker: Let me guide before the hon. Minister answers that question. You may have to advise him as to what you mean when you say gender focal point person.
Ms Changwe: Mr Speaker, the gender focal point persons are actually district administrative officers and they work in collaboration with the district planners from all Government departments at district level.
However, in terms of Chilubi District, if there is a District Commissioner’s Office, then obviously, there is a District Administrative Officer who is the gender focal point person.
Sir, if there is no District Administrative Officer, then there is a District Planner in the council. He is the district gender focal point person.
I thank you, Sir.
__________
MOTION
REPORT OF THE SELECT COMMITTEE APPOINTED TO SCRUTINISE THE PRESIDENTIAL APPOINTMENTS OF HON. MR JUSTICE PHILLIP MUSONDA TO SERVE AS SUPREME COURT JUDGE; AND HON. JUSTICE CHRISTOPHER SICHIMWA MUSHABATI (RTD), HON. JUSTICE SANDSON SHUBERT SILOMBA (RTD) AND MRS FRANCES MWANGALA ZALOUMIS TO SERVE AS MEMBERS OF THE JUDICIAL COMPLAINTS AUTHORITY.
Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, I beg to move that this House do adopt the Report of the Select Committee appointed to scrutinise the presidential appointments of Hon. Mr Justice Phillip Musonda to serve as Supreme Court Judge; and Hon. Justice Christopher Sichimwa Mushabati (rtd), Hon. Justice Sandson Shubert Silomba (rtd) and Mrs Frances Mwangala Zaloumis to serve as members of the Judicial Complaints Authority, laid on the Table of the House on Wednesday, 23 March, 2011.
Mr Speaker: Is the Motion seconded?
Mr Tembo (Nyimba): Mr Speaker, I beg to second the Motion.
Mr C. K. B. Banda, SC.: Mr Speaker, on the one hand, the appointment of Hon. Mr Justice Phillip Musonda, is made pursuant to Article 93(2) of the Constitution of Zambia Act, Chapter 1 of the Laws of Zambia which states that:
“The Judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President.”
Sir, under Article 97(1), the Constitution further states that:
“Subject to Clause 2, a person shall not be qualified for the appointment as a Judge of a Supreme Court, a Puisne Judge or Chairman or Deputy Chairman of the Industrial Relations Court, unless:
(a) He holds or has held high judicial office; or
(b) He holds one of the specified qualifications and has held one or other of the following qualifications:
(i) In the case of a Supreme Court Judge, for a total period of not less than fifteen years; or
(ii) In the case of a Puisne Judge, the Chairman and Deputy Chairman of the Industrial Relations Court, for a total period of not less than ten years.”
Mr Speaker, on the other hand, the appointments of Hon. Justice Christopher Sichimwa Mushabati, Hon. Justice Sandson Shubert Silomba and Mrs Frances Mwangala Zaloumis, are made pursuant to Section 20(2) of the Judicial Code of Conduct Act No. 13 of 1999 of the Laws of Zambia, which states that:
“The Members of the authority shall be appointed by the President subject to ratification by the National Assembly.”
Sir, further, Section 20(1) of the Judicial Code of Conduct Act, states that:
“There is hereby constituted a Judicial Complaints Authority which shall consist of five members who have held or are qualified to hold high judicial office.”
Mr Speaker, in its deliberations, your Committee was guided by the fact that the nominees were being appointed to serve in the positions that were critical to the dispensation of justice.
In this regard, your Committee held the view that persons to occupy the offices of Supreme Court Judge and member of Judicial Complaints Authority should possess other attributes in addition to academic and professional qualifications.
Sir, in view of the following, your Committee, in scrutinising the nominees’ appointments, took into account the need for the nominees to be fearless advocates of justice for all and persons who are prepared to be courageous in defending the rule of law.
Further, your Committee assessed the suitability of the nominees to serve as proposed by scrutinising their curricula vitae and all the information submitted to it by State investigation agencies and relevant professional bodies.
Mr Speaker, all the State security agencies invited to appear before your Committee assured it that there were no adverse reports against any of the nominees in relation to criminal activities, drug trafficking, money laundering, drug abuse and corrupt practices.
Further, all the professional bodies and stakeholder institutions that appeared before your Committee as witnesses, with the exception of the Transparency International Zambia (TIZ), which had reservations on the appointment of hon. Justice Phillip Musonda, to the Supreme Court Bench, supported all the nominees as being suitable and sufficiently qualified to serve in the positions they have been proposed for appointment. These witnesses were satisfied that the nominees had the necessary adjudicative competences and sufficient exposure to litigation. As such, the nominees would satisfactorily perform the functions of the offices they have been proposed for appointment.
Sir, your Committee, further, had an opportunity to interact with the hon. Minister for Presidential Affairs who represented the appointing authority. Apart from showing that the nominees were qualified in terms of legal provisions pronounced in Article 97(1) of the Constitution of Zambia and Section 20(1) of the Judicial Code of Conduct, respectively, the hon. Minister showed your Committee that the nominees were persons of integrity. As such, they are suitable to serve in the important public offices of Supreme Court Bench and member of the Judicial Complaints Authority, respectively.
Mr Speaker, your Committee observes that the nominees, with their varying qualifications and experience, will positively contribute to the governance of our country in the positions they have been proposed for appointment.
Furthermore, your Committee observes that the nominees understand the functions and demands of the offices to which they have been proposed for appointment. Thus, your Committee is sufficiently satisfied that the nominees, if ratified by this House, will succeed in performing the functions of their respective offices.
Sir, your Committee, therefore, after due and thorough evaluation of the evidence presented to it by the witnesses and its subsequent interviews with the nominees, finds all the nominees suitably qualified for appointment in their respective positions.
Mr Speaker, with these few remarks, it is my honour to call upon all the hon. Members of this House to support your Committee’s recommendation to ratify these appointments.
In conclusion, Sir, the members of your Committee wish to place on record, their gratitude to you for appointing them to serve on this important Select Committee. I also wish to thank the Office of the Clerk of the National Assembly for the services and advice rendered to your Committee, during its deliberations.
Lastly, Sir, your Committee’s gratitude extends to all the witnesses that appeared before it for their oral and written submissions, which assisted your Committee in arriving at an informed recommendation to the House.
Mr Speaker, I beg to move.
Mr Speaker: Does the seconder wish to speak now or later?
Mr Tembo: Now, Mr Speaker.
Mr Speaker, I wish to second the report of the Parliamentary Select Committee on the Presidential appointments of Mr Justice Philip Musonda as Supreme Court Judge and Mr Justice Christopher Sichimwa Mushabati (rtd), Mr Justice Samson Shubert Silomba (rtd) and Mrs Frances Mwangala Zaloumis to serve as members of the Judicial Complaints Authority.
Sir, the appointment of Mr Justice Phillip Musonda has come at the right time when there is a need to speed dispensation of justice and avoid delayed judgments. He has acquired the necessary experience to better position him on the senior Bench and he has a proven professional track record.
Mr Speaker, the appointment of Mrs Frances Mwangala Zaloumis, as a woman, should be recommended as there is a need to reach the 50 per cent representation in decision-making positions as a requirement in the Southern African Development Community (SADC) Protocol on Gender. She has a distinguished career in law and has served in previous positions diligently.
Mr Justice Christopher Sichimwa Mushabati (rtd) and Mr Justice Sandson Shubert Silomba (rtd) both served the country diligently during their terms as Judges. There has been no adverse record on them as they were men of integrity.
Sir, I wish to wind up by reiterating that these appointments will go a long way in contributing to the attainment of justice in our country. Therefore, there is a need to support all the nominees’ appointments.
Mr Speaker, I beg to second.
Hon. Government Members: Hear, hear!
Mr Sikota, SC. (Livingstone): Mr Speaker, I thank you for according me this opportunity to add to this debate. I would like to state, from the outset, that I support the recommendations of your Committee and would like to thank both the mover and the seconder of the Motion for the very eloquent way in which they have espoused the position of your Committee.
Mr Speaker, I am somebody who has had the opportunity of working with each and every one of your nominees. I will begin with Justice Philip Musonda, who is proposed to be elevated to the Supreme Court Bench. I have appeared before him when he was a Magistrate and when he was Deputy Registrar. Indeed, I have appeared before him when he has been Judge. I can say, very confidently, from my interaction and experience with him, that he is someone who is befitting to be raised to the position of Supreme Court Judge.
Mr Speaker, Justice Musonda is a brave Judge. He gives very reasoned judgments. Justice Musonda has been pivotal in the development of the law in Zambia. He is an intellectual who can provide very stimulating arguments. I have been to various workshops and seminars with him where, sometimes, he has been a participant and, other times, a resource person. It is very clear that he is somebody who puts in a lot of research into what he does. I say that he has got a lot of balance in him because I have seen this in practice.
Mr Speaker, after the 2006 Elections, there were numerous election petitions which were filed in the courts. I happened to have had two election petitions which were before Justice Musonda. In one of those election petitions, I was successful, on behalf of my client, and in the other, I was not. Justice Musonda, in other words, in one of them, ruled for an Opposition Member of Parliament and in the other, ruled for a Movement for Multi-Party Democracy (MMD) Member of Parliament. This was all in the same period of time. I think that this is evidence of the balance of the Judge. No one can say that he is pro-Government or pro-Opposition because his judgments were able to swing either way. Nobody can contradict that fact which is there.
Mr Speaker, in one of the matters, the one that I won, there was an appeal and the Supreme Court validated the ruling or judgment of Judge Musonda. In the one that I lost, on behalf of my client, I had a good read of the judgment and I, accordingly, advised my client about the very well-reasoned judgment and the need not to appeal it. Judge Musonda is so efficient that he can even persuade, through his judgment, an opposing counsel and the person against whom the judgment was delivered.
Sir, turning to your nominees to the Judicial Complaints Authority, again, I am fortunate to have worked with each and every one of them. I can state, without contradiction, that Justice Christopher Mushabati (rtd) is somebody who is a person of great integrity; somebody of an extremely sober disposition; and possesses the right kind of characteristics to overlook complaints regarding Judges.
Sir, when I turn to Mr Justice Sandson Silomba (rtd), I was privileged, in fact, to have been in the same class of 1981 at the Law Practice Institute (LPI), as it was then known, which is now called Zambia Institute of Advanced Legal Education (ZIALE). I have known him from that time. I was called to the Bar on the same date as Justice Silomba (rtd) and his intellectual capacity cannot be doubted. He is somebody with whom, whilst we were at the LPI, I used to do revision. So, I have no doubt about his intellectual capacity. Again, I did appear before him when he was Judge of the High Court, Judge of the Supreme Court and his valiance, demeanour and decorum on the Bench makes him perfectly suited to be at the Judicial Complaints Authority.
Mr Speaker, turning to your last nominee, Mrs Frances Mwangala Zaloumis, again, she is somebody that I have worked with on numerous cases. Some of the cases I have worked with her on are actually referred to in the report. Her sense of justice is epitomised by the fact that she has taken on so many pro bono cases which shows that her heart is towards the development of society. So, again with her, I have no qualms about recommending that she be ratified for the position on the Judicial Complaints Authority.
Hon. Members: Hear, hear!{mospagebreak}
Mr Skota, SC.: Mr Speaker, I wish to say something about the Judicial Complaints Authority. I believe that the Zambian population does not know enough about this authority. Indeed, I believe that a good number of them do not even know about its existence. Fewer still, know about its functions. Indeed, only a limited few know where it is located. I would like to urge the authorities to ensure that there is a lot of dissemination of information regarding the existence of this authority, its functions, where it is found, and how it can be contacted.
Mr Speaker, this authority is very important in ensuring that the dispensation of justice, in Zambia, is done fairly, in a transparent manner and that there is an avenue for those who may have complaints regarding any particular Judge to be given a fair hearing on their complaints.
I heard a few murmurs, to my right, regarding certain people and I am, absolutely, sure that those who murmured have never gone to the Judicial Complaints Authority to lay a complaint against those they were murmuring against. When we do not utilise the avenues made available in our laws for us to have an orderly form of governance, it leads to our systems breaking down.
Mr Speaker, instead of using the Judicial Complaints Authority, people would rather engage in scurrilous attacks against judges and magistrates in the press, without putting forward any kind of evidence, thereby, eroding the confidence of Zambians in the Judiciary. I would like to plead with all the Zambian people on the need to be serious enough to realise that the best way is to utilise what is provided for in the law, which is the Judicial Complaints Authority where you can lay your complaint against any judge or magistrate. This is the way civilised societies act.
Sir, one does not have to go to a newspaper to scandalise somebody, knowing that they will not have a chance to defend themselves. Go into an arena where the person you are attacking can also answer back. This arena is the Judicial Complaints Authority.
Mr Speaker, quite a lot of times, as has been shown from this report, people will even prematurely go to the Judicial Complaints Authority. I say so because even before exhausting all routes of appeal, they start attacking the Judge or Magistrate in question. The proper avenue is to exhaust the appeal process. If you still are not happy, then you go to the Judicial Complaints Authority.
Mr Speaker, having said this, I do hope that the people listening out there are now a little bit more aware of the existence of this authority and that they will utilise it so that we have less unnecessary acrimony and a little bit more order in our society so that even those people who are in public office will know that they will be engaged on a level playing ground, professional settings where everything is fair, and not judged in newspapers or other media.
Mr Speaker, with these few words, I thank you.
The Deputy Minister for Luapula Province (Mr Chimbaka): Mr Speaker, I thank you for affording me the opportunity to also contribute to the debate on this very explicit, elaborate and plain sailing report of your Select Committee which was ably seconded.
Mr Speaker, I would like to state that I support the proposals and recommendations arising from your Committee, particularly on Hon. Mr Justice Phillip Musonda, a man I interacted with very closely on several occasions when I was the Deputy General Secretary of the Zambia National Union of Teachers, and when he served as Chairperson of the Industrial and Labour Relations Court.
Mr Speaker, I totally agree that Justice Musonda is a very sober man. He is a man of unquestionable morality and a person who was able to preside over cases impartially. Consequently, because of the impartial manner in which he presided, many cases concerning trade unionism in Zambia were amicably resolved. He contributed positively to industrial harmony in the teaching fraternity and so many other aspects of the union. I want to believe that the colleagues I worked with, then, Hon. Godfrey Beene and Hon. Liato, if they were here, would agree with me that, at the apex of heated debates of industrial disputes, the man stood firm and resolved all issues to the satisfaction of everybody that was either for or against the issues raised.
Mr Speaker, concerning Mrs Frances Mwangala Zaloumis, I think that everybody here can testify and attest to the fact even when she was legal representative at the National Constitutional Conference (NCC), she stood her ground and presided over issues very well.
Interruptions
Mr Chimbaka: Mr Speaker, I do not want to talk too much because everybody who was present at the NCC, and records are there for everybody to read, knows that she deserves this, especially in this era where some people are able to qualify as lawyers from some other houses apart from ZIALE. There is, therefore, the need for us to have men and women with unquestionable standing to preside over the affairs of Zambia as adjudicators.
Mr Speaker, I support the nominees, and with these very few words, I thank you.
Hon. MMD Members: Hear, hear!
Mr C. K. B. Banda, SC.: Mr Speaker, I would like to thank the hon. Members for overwhelmingly supporting the Motion.
I thank you, Sir.
Question put and agreed to.
____
HOUSE IN COMMITTEE
[THE DEPUTY CHAIRPERSON OF COMMITTEES in the Chair]
THE TOLLS, BILL, 2011
Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
The Deputy Chairperson: Order!
Business was suspended from 1615 hours until 1630 hours.
[THE DEPUTY CHAIRPERSON of Committees
in the Chair]
22, 23, 24, 25 and 26 ordered to stand part of the Bill.
Title agreed to.
THE FISHERIES BILL, 2011
Clause 1 ordered to stand part of the Bill.
CLAUSE 2 – (Interpretation)
The Minister of Livestock and Fisheries Development (Mr Machila): Mr Chairperson, I beg to move an amendment in Clause 2,
(a) on page 6, in line 37
by the insertion, immediately after the word “eggs”, of the words “but does not include a genetically modified organism”; and
(b) on page 7, after line 26
by the insertion of the following new definition:
“genetically modified organism” has the meaning assigned to it in
Act No. 7 of 2007 the Biosafety Act, 2007;”.
Amendment agreed to. Clause amended accordingly.
Clause 2, as amended, ordered to stand part of the Bill.
Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 ordered to stand part of the Bill.
CLAUSE 29 – (Fisheries Management Committees)
Mr Machila: Mr Chairperson, I beg to move an amendment in Clause 29,
(a) on page 24
(i) after line 29, by the insertion of the following new sub-clause:
“(8) Where the Minister dissolves a committee under subsection (7), the assets of the committee shall become the property of the State.”; and
(ii) in line 30, by the re-numbering of sub-clause (8) as sub-clause (9).
Amendment agreed to. Clause amended accordingly.
Clause 29, as amended, ordered to stand part of the Bill.
Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 ordered to stand part of the Bill.
CLAUSE 42 – (Aquaculture Licence)
Mr Machila: Mr Chairperson, I beg to move an amendment in Clause 42, on page 29, in line 9, by the deletion of the word “sixty” and the substitution therefor of the word “thirty”.
Amendment agreed to. Clause amended accordingly.
Clause 42, as amended, ordered to stand part of the Bill.
Clauses 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 and 68 ordered to stand part of the Bill.
Schedule agreed to.
Title agreed to.
THE IONISING RADIATION PROTECTION (Amendment) BILL, 2011
Clauses 1, 2, and 3 ordered to stand part of the Bill.
Title agreed to.
Hon. Members: Hear, hear!
__________
HOUSE RESUMED
[MADAM DEPUTY SPEAKER in the Chair}
The following Bills were reported to the House as having passed through Committee without amendment:
The Tolls Bill, 2011
The Ionising Radiation Protection (Amendment) Bill, 2011
Third Readings on Friday, 25th March, 2011.
The following Bill was reported to the House as having passed through Committee with amendment:
The Fisheries Bill, 2011
Report Stage on Friday, 25th March, 2011.
THIRD READING
The following Bills were read the third time and passed:
The Day Nurseries (Repeal) Bill, 2010
The Liquor Licensing Bill, 2011
___________
MOTION
ADJOURNMENT
The Vice-President and Minister Justice (Mr Kunda, SC): Madam Speaker, I beg to move that the House do now adjourn.
Question put and agreed to.
___________
The House adjourned at 1652 hours until 0900 hours on Friday, 25th March, 2011.