DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Friday, 18th March, 2011

The House met at 1000 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

__________

BUSINESS OF THE HOUSE

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, I rise to give the House some idea of the Business it will consider next week.

On Tuesday, 22nd March, 2011, the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider the Second Reading Stage of the following Bills:

(i) The Fisheries Bill, 2011; and

(ii) The Ionising Radiation Protection (Amendment) Bill, 2011.

The House will then consider the Committee Stage of the following Bills:

(i) The Liquor Licensing Bill, 2011; and

(ii) The Traditional Beer (Repeal) Bill, 2011.

Mr Speaker, on Wednesday, 23rd March, 2011, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. After that, the House will consider Private Members’ Motions, if there will be any. Thereafter, the House will consider any other Business which may be outstanding.

Sir, on Thursday, 24th March, 2011, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. After that, the House will debate the Motion to adopt the Report of the Parliamentary Select Committee to scruitnise the Presidential Appointments of Hon. Mr Justice Philip Musonda to serve as Supreme Court Judge and Hon. Mr Justice Christoper Sichimwa Mushabati, Hon. Mr Justice Sandson S. Silomba and Mrs Frances Mwangala Zaloumis, to serve as members of the Judicial Complaints Authority. Then the House will consider the Committee Stage of the Tolls Bill, 2011.

Mr Speaker, on Friday, 25th March, 2011, the Business of the House will commence with His Honour the Vice-President’s Question Time. This will be followed by Questions, if there will be any. The House will then deal with presentation of Government Bills, if there will be any. Thereafter, the House will consider any other Business that may be outstanding.

I thank you, Sir.

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MINISTERIAL STATEMENT

ANNUAL FISHING BAN

The Minister of Livestock and Fisheries Development (Mr Machila): Mr Speaker, I thank you for giving me this opportunity to give a ministerial statement on the Annual Fishing Ban which I announced on 30th November, 2010.

Sir, it is always necessary to effect the annual fishing ban in some fishery areas so as to protect the fish during the breeding season. This, indeed, is in line with the Government’s objective of promoting sustainable exploitation of fisheries resources and increased fish production. It is also the priority of the Government to increase productivity in the livestock and fisheries sub-sectors.

Mr Speaker, you may recall that, from the 1970’s to 1980’s, the per capita consumption of fish in Zambia was 12kg per person per annum. However, recent estimates have put the per capita consumption at 7kg per person per annum. The drop in the per capita consumption is attributed to the decline in fish stocks in some of the fisheries as a result of excessive fishing and use of bad fishing methods as well as an increase in demand due to the increase in human population. The increase in demand has resulted in an increase in fishing pressure to the extent that some fishers use environmentally unsound methods of capturing fish.

Sir, the continued decline in fish catches in most of our water bodies has left the Government with no option, but to put in place measures that will ensure that fish, as a natural resource, is conserved and utilised in a sustainable manner for the benefit of the present and, indeed, future generations.

Mr Speaker, the monitoring of the fishing ban by the staff in the ministry started on 1st December, 2010. It has been extremely difficult to achieve results beyond what I will state later because of lack of adequate resources to undertake sufficient water patrols to stop active fishing, as reported by various interest groups, in most of the major fisheries around the country. Despite this challenge, my staff was encouraged to do what it could under the very difficult challenges and did a commendable job during the three months of the closure.

Sir, water patrols were carried out in all the fishery areas that were affected by the closure. Notable areas in which significant impact was made in ensuring that the fishing ban was observed were Itezhi-tezhi Fishery, Kafue Fishery in Namwala and Kafue districts, the Luapula River in Mwense and Kawambwa (Chipita), Lake Mweru in Nchelenge and Chiengi, Lukanga Swamps Fishery, Mweru Wa Ntipa Fishery, Bangweulu Fishery and Kafue Fishery at Blue Lagoon.

Mr Speaker, my ministry, while working with colleagues from the Zambia Wildlife Authority (ZAWA) and the Zambia Police, carried out land patrols which involved roadblocks in selected areas since these are relatively cheaper to undertake. In some areas which were frequently visited by people with commercial minds, focus was on monitoring the trade routes such as Lusaka West area which normally gives access roads out of the Blue Lagoon area as well as the access roads from Lukanga Swamps.

As a result of these operations, several suspects were arrested during the period under review and a number of them have appeared in court in various parts of the country as follows:

(i) fourteen were arrested in Itezhi-tezhi Fishery out of whom twelve were male and two were female. Of these, two have already been convicted while the rest of the cases are still in court;

(ii) seventy-one people were arrested in Mweru Wa Ntipa. All were released on police bond and are yet to appear in court;

(iii) twenty-four people were arrested and convicted in upper Zambezi. Three were given custodial sentences ranging from three to six months. The rest were given suspended sentences ranging from one to six months;

(iv) in the Kafue Fishery, that is Namwala and Kafue, six people were arrested and convicted. They were sent to six months imprisonment;

(vi) in Bangweulu North, that is Chilubi and Luwingu, of the twenty-three arrested, four were acquitted because they were juveniles, four were given suspended sentences of one year each while the rest of the cases are still before the court;

(vii)  in the Luapula River Fishery, that is Mwense and Kawambwa, all the thirty-eighty who were arrested were convicted. The jail sentences ranged from one to one and a half years;

(viii) in the Mweru Luapula Fishery, that is Chienge, thirty-two arrests were made, thirty-one male and one female. Of these, nineteen were convicted, eight were acquitted and two escaped from police custody. The jail sentences have ranged from one to three years; and

(ix) in the Mweru Luapula Fishery in Nchelenge, 133 were arrested and seventy-five were convicted. The custodial sentences ranged from one to three years. In all, a total of K15.8 million was realised through court fines and K1.7 million from the sale of confiscated fish.

Mr Speaker, my staff also managed to confiscate fishing gear which included two bales of mosquito nets and nineteen individual mosquito nets. Ninety-five seine nets and 1,190 gill nets. In addition, my ministry confiscated a total of 300 kg of fresh kapenta, 4,946 kg of fresh fish and 23,068 kg of dry fish during the fishing ban period. The confiscated fish was disposed of by order of the subordinate courts in the respective districts. Other confiscated items included three trucks, three motorcycles, two Yamaha engines, 103 fishing boats, two canoes, twenty-one bicycles, nineteen Tilley lamps, eighteen spears, 4 x 50 kg of salt and 8 x 250 ltr plastic drums as well as eighty-eight paddles.

Mr Speaker, the House may be interested to know that Chimbamilonga and Kaputa constituencies supplemented my ministry’s efforts in effecting the fishing ban through financial support from the Constituency Development Fund (CDF). This initiative is highly recommended.

Hon. Government Members: Hear, hear!{mospagebreak}

Mr Machila: Mr Speaker, I must state that prior to the launch of the fishing ban, my ministry worked tirelessly, with its co-operating partners such as the Finnish Government, through the Programme for Luapula Agricultural and Rural Development (PLARD), in the Luapula Province, to sensitise the communities on this annual event. A number of sensitisation meetings were also held in all the fishery areas that are normally subject to closure. Sensitisation programmes, through the electronic and print media, were also undertaken in areas that are not subject to closure to explain to the communities what is expected from them during the period of closure. This is in relation to the movement of fish from the areas that are not affected by the ban.

Mr Speaker, all fishery areas are closed to fishing from the 1st of December to the end of February, of the following year, except for Lake  Kariba and Lake Tanganyika. The two water bodies are shared water bodies and, therefore, have different management protocols. Now that the fishing ban has been lifted, I urge all fisheries to use sustainable fishing methods to avoid depletion of our fishery resources in natural water bodies.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Speaker: Hon. Members are now free to ask questions on points of clarification on the statement which has been given by the hon. Minister of Livestock and Fisheries Development.

Mr Nsanda (Chimwemwe): Mr Speaker, what is the Government doing to ensure that it teaches the people of Zambia how to engage in  fish farming instead of arresting them since there are no other means of employment, especially now that ZAWA is also arresting them for poaching?

Laughter

Mr Machila: Mr Speaker, aquaculture is a very important programme under the ministry. It is our belief that, through the advancement and projection of this particular enterprise, we will be able to wean fishers off fishing outside the legal period and to divert them into cultivating fish. In the Bill, that is already before this House, there is also a provision through which we intend to establish a Fisheries and Aquaculture Development Fund which will help with the very initiative that the hon. Member spoke of.

I thank you, Sir.

Mrs Musokotwane (Katombola): Mr Speaker, how is the ban in shared water bodies being enforced?

Mr Speaker: That has been referred to, but the hon. Minister is free to elaborate.

Mr Machila: Mr Speaker, the shared water bodies, being Kariba and Tanganyika, are subject to a different management protocol and there is no ban that is effected in these water bodies.

I thank you, Sir.

Mr Mukanga (Kantanshi): Mr Speaker, the Government has not been able to implement its entire projects using the allocations in the annual Budget, and yet every hon. Minister who speaks refers to the use of the Constituency Development Fund (CDF) to fund projects. I want to find out how the hon. Minister expects us to use the CDF to implement all our projects, including the fish projects he has talked about.

Mr Machila: Mr Speaker, we do not expect that the hon. Members will utilise their CDF for this particular exercise. What I referred to, from the two different constituencies, is that we had challenges in terms of  the availability of resources at the particular time and they came to the table and provided resources in terms of fuel and so on, which enabled the undertaking of programmes in those particular areas. Hon. Members will assume having interest in ensuring that community initiatives can be enhanced in the respective constituencies. Should it become necessary for them to dip into their CDF, we assume it would be prudent for them to do accordingly.

I thank you, Mr Speaker.

Dr Scott (Lusaka Central): Mr Speaker, when I was responsible for what the hon. Minister is now responsible for, about nineteen years ago, I would ask the scientists at the Fisheries Department in Chilanga to quantify the benefits of the fishing ban and the result was that they were unable to say, with any certitude, that there was any benefit at all. Has the situation improved or changed in anyway?

Mr Machila: Mr Speaker, I am not entirely sure of what the hon. Member for Lusaka Central is referring to. I am not sure whether it is benefits in terms of the levels of breeding or in terms of compliance with the ban. However, the ban coincides with the period in which fish are breeding and it is for that reason that it is implemented at this particular time, each and every year. Being the former minister responsible, as he has already stated, I would expect that he would be able to recall that.

I thank you, Mr Speaker.

Mr Kambwili (Roan): Mr Speaker, it is reported that most of the fish that is confiscated ends up being sold by the officers who confiscate it. May I know the position at law where this fish is supposed to go and where they take the fish that they confiscate from these illegal fishermen?

Mr Machila: Mr Speaker, as I stated in my statement, the disposal of the fish is subject to an order from the courts. The process of disposal of this confiscated fish may entail that some of it goes, maybe, to some hospitals, prisons, schools as well as other community-based programmes.

I thank you, Mr Speaker.

Mr Milupi (Luena): Mr Speaker, as my friend, the hon. Member for Chimwemwe, stated, fishing is the main source of livelihood as well as the only source of protein, particularly on the Barotse Plains in the Western Province. Has the hon. Minister, therefore, considered other methods of preserving the fish stocks in this country, especially on the plains, bearing in mind that, for centuries, our ancestors managed to maintain the fish stocks? 

Mr Machila: Mr Speaker, the hon. Member’s question is valid in the sense that we do have programmes for undertaking research which we consider a very important component of the ministry.

We have the benefit of the assistance of other co-operating partners such as the Food and Agricultural Organisation (FAO) as well as the World Fish Centre, which recently moved its headquarters for Africa from Cairo to Lusaka. Fisheries research is a very important component of our agenda and it is our belief that, with the benefit of the assistance that we are receiving, we shall be able to do more and continuously improve on what is obtaining in the sector.

I thank you, Mr Speaker.

Mr Chisala (Chilubi): Mr Speaker, illegal fishing methods include the use of mosquito nets. Now that the fishing ban is over, how does the Ministry of Livestock and Fisheries Development intend to discourage the use of mosquito nets for fishing?

Mr Machila: Mr Speaker, the responsibility of discouraging the use of using illegal methods does not lie entirely with the ministry alone. The hon. Member is from an area which has fishing as a prime source of income. The onus and responsibility lies with him as well as other hon. Members of Parliament to participate in programmes to sensitise their communities against illegal fishing practices.

Mr Speaker, I thank you.

Hon. MMD Members: Hear, hear!

Mr Beene (Itezhi-tezhi): Mr Speaker, currently, the challenge that law enforcers have in these areas is inadequate safe transport. This situation has been exacerbated by the ministry’s purchase of aluminum boats which have been capsizing. What is the ministry doing to ensure the law enforcers’ safety when enforcing the ban? 

Mr Machila: Mr Speaker, I thank the hon. Member, whose constituency is a big culprit of disregarding the fishing ban, for his question. 

Laughter

Mr Machila: Mr Speaker, the ministry takes the security and safety of its officials very seriously. We do provide safety gear for the officers undertaking patrols. There may be incidences where, maybe, a boat is overloaded, but these practices are discouraged. It is, however, our belief that the vessels that we are utilising for our programmes are, indeed, suitable.

Mr Speaker, I thank you.

Mr Lubinda (Kabwata): Mr Speaker, given the fact that shared waters are controlled under different regulations with regard to fishing. I would like to find out from the hon. Minister whether the Zambezi River Action Plan (ZACPLAN), concerning the riparian States of the Zambezi River, includes an agreement to impose a fishing ban in all the States so that no country takes advantage of Zambia’s fishing ban.

Mr Machila: Mr Speaker, I thank the hon. Member for Kabwata, who does not have a fisheries area in his constituency, for his question. 

Laughter

Mr Machila: At the risk of misleading this House, I am not entirely sure what the plan he referred to is. Therefore, I am constrained in responding to his question. 

I thank you, Sir.

Ms Kawandami (Chifubu): Mr Speaker, during the fishing ban, what other alternative fishing areas are provided by the Government?

Mr Machila: Mr Speaker, aside from the fishing ban, the areas that do not have the restriction on an annual basis have control in the sense that those who are fishing on these water bodies are subject to a licensing regime. The department only ensures that they comply with the licensing regime throughout the year.

Mr Speaker, I thank you.

Mrs Phiri (Munali): Mr Speaker, I know that Munali has no fisheries area, but the people of Munali heard of the vulture fish which was introduced in the Western and Luapula provinces. Can the hon. Minister shed more light on what has happened to the vulture fish?

Mr Machila: Mr Speaker, indeed, there is no fishery in Munali.

Laughter

Mr Machila: Mr Speaker, I am not familiar with the vulture fish that the hon. Member is talking about. Therefore, similarly, at the risk of misleading the House, I cannot comment further.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, in the communities of the Bangweulu Swamps in Luapula Constituency, people depend on fishing for their livelihood. Is the Government willing to consider special measures to support the people of this area during the fishing ban because their means of livelihood are taken away?

Mr Machila: Mr Speaker, the short answer to the hon. Member’s question is that, in addition to seeking to promote aquaculture in the areas that are highly dependent on fishing, the ministry is also encouraging fisheries to engage in the production of small ruminants such as goats and non-ruminants such as pigs as a means to further supplement their income.

I thank you, Sir.

Mr Imenda (Lukulu East): Mr Speaker, Botswana and Namibia share boundaries with Zambia, but the fishing ban is only effected on the Zambian side. Earlier on, the hon. Minister referred to the fact that the shared waters are not affected by the ban. Can the hon. Minister clarify his statement?

Mr Machila: Mr Speaker, in my statement, I referred to two main shared water bodies, Kariba and Tanganyika. Regarding the water body that the hon. Member referred to, we have regulations which we enforce as regards water bodies that are within the control of the Zambian nation. Therefore, we cannot regulate what obtains in water bodies that are not within our control.

I thank you, Sir. 
 
Mr Muntanga (Kalomo Central): Mr Speaker, I would like to find out from the hon. Minister why people in possession of dry fish, which could have been caught before the ban was effected, are arrested. Has the ministry got the means to determine whether the fish was caught before or after the fishing ban is effected?  
 
Mr Machila: Mr Speaker, in the statement, I mentioned that a total of 23,068 kg of dry fish was confiscated. This fish was confiscated during the period of the ban. If those who were found in possession of the fish are not able to satisfy the authorities that the fish was captured or obtained before the onset of the ban, our officers are obliged to proceed to the courts who, at the end of the day, are the final judicators on the issue.

I thank you, Mr Speaker.

Mr Chongo (Mwense): Mr Speaker, with the increased allocation for fisheries development, especially for the Luapula Province, what measures will the ministry take to promote aqua farming so that people can continue fishing even during the fishing ban?

Mr Machila: Mr Speaker, I earlier stated that we have singled out aquaculture areas which we want to give more attention to in terms of both financial and human resources.

Furthermore, we are working with our co-operating partners to see how we can further upscale aquaculture. It is frequently stated that Zambia has as much as 40 per cent of the water resources in the southern region. However, this resource is greatly underutilised, especially if we consider nations like Egypt which has just one major resource of water and is farming five times more fish than the rest of Africa combined. That, in itself, is an indication of the potential that we have. We shall continue to work towards exploiting this potential.

I thank you, Sir.

_________

HIS HONOUR THE VICE-PRESIDENT’S QUESTION TIME

Mr Mooya (Moomba): Mr Speaker, what is happening in football is very worrying. If things do not normalise after the meeting on 26th March, 2011, what will happen next? Is there any alternative plan for the Government to normalise things?

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, as we have stated before in this House, we do not interfere in football matters according to the Federation of International Football Association (FIFA) statutes. We have the National Sports Council of Zambia (NSCZ) to look into issues of that nature and I believe that it will continue to do its best to ensure that there is order in the administration of football. At the moment, there is no harmony in the administration of football between the warring factions of the Football Association of Zambia (FAZ). This is not good for Zambian football. We hope that, at the end of the day, sanity will prevail.

I thank you, Mr Speaker.

Mrs Phiri (Munali): Mr Speaker, a ministerial statement was delivered in this House concerning the death of a Zambian student in Russia. It has been brought to this country’s attention that the report which was read in this House stating that the student went on a drinking spree is not true because the results of the post-mortem that was conducted in Russia show that there was no alcohol found in the blood of that young man. Can His Honour the Vice-President shed more light on what the Government intends to do? As he answers this question, he should be mindful of the fact that, when we ask questions in this House, ...

Mr Speaker: Order!

Mrs Phiri: … we represent the people.

Mr Speaker: Order! Order!

Mr Kunda, SC.: Mr Speaker, we do not have that information, but I have taken note of what you have said. I hope you are not misleading the House.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Interruptions

Mr Kakoma (Zambezi West): Mr Speaker, recently, there was confusion at the Electoral Commission of Zambia (ECZ) where the former Chairperson, Justice Mumba, wanted to have a confidential financial system audited which the former Director, Mr Dan Kalale, resisted. May I find what this confidential financial system is and whether the Government has audited it and what the outcome is?

Mr Kunda, SC.: Mr Speaker, I do not know what you are referring to as confidential financial system. The finances of the ECZ are subject to audit. It is this House that allocates funds to the ECZ. So, those funds are subject to audit by the Auditor-General. I do not know what you are referring to as a confidential financial system.

I thank you, Mr Speaker.{mospagebreak}

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, currently, there is a raging debate out there on whether Zambia has laws that allow homosexuality.

Laughter

Mr C. K. B. Banda, SC.: As the hon. Minister of Justice and Attorney-General, can you, please, clear the air on the position of the law on homosexuality in this country?

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: Mr Speaker, that is a very important question.

Laughter

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: Sir, Zambia is a Christian Nation.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: Therefore, our laws are tailored along Christian lines.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: From time immemorial, as Africans, we do not condone unnatural practices; what is described in the Penal Code as …

Laughter

Mr Kunda, SC.: … sodomy and having sexual intercourse against the order of nature. This is illegal in Zambia. However, I know that there are some politicians who are trying to encourage people …

Hon. PF Members: No!

Mr Kunda, SC.: … to engage in such practices. Sir, this is a very serious offence in Zambia.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: It carries a minimum sentence of fourteen years imprisonment.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: Therefore, my advice to some of the political leaders; one or two presidents of political parties, is to give a good example, especially to our young people, by informing them that foreign practices should not be encouraged in Zambia. As leaders, we should not encourage criminality. We should continue to live as Christians in this country. Therefore, these tendencies should be condemned in the strongest possible terms.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Zulu (Bwana Mkubwa): Mr Speaker, garbage in this country is accumulating everyday. What is the Government intending to do about this so that we can clear all the garbage which is being produced day in and day out?

Mr Kunda, SC.: Mr Speaker, the problem we have in this country is that we have the Patriotic Front (PF)-controlled councils that are failing to do their work.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: Councils should do what they are mandated to do, by law, although the private sector can also participate in clearing the garbage. They can also go into contracts with local authorities and, as hon. Members, we should encourage the Keep Zambia Clean Campaign which is a Government programme.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, this week, I was in Itezhi-tezhi to receive the new team which is starting to construct the power station. It took this team four hours to cover a distance of a 100 km stretch of road. I would like to find out from His Honour the Vice-President how quickly the Government will move in to tar that road so that the well-intended project is done in good time.

Mr Kunda, SC.: Mr Speaker that is a very important project to this hardworking Government.

Hon. Members: Hear, hear!

Mr Kunda, SC.: Mr Speaker, it is our intention to ensure that we complete that project since the issue of the road network is a matter of concern to us. We shall also do everything possible to ensure that we have a good road network so that we can facilitate the completion of that project which is very dear to us.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, at midnight their time and morning to us, today, the United Nations Security Council passed a resolution authorising air forces against the Libyan forces which are loyal to their government, including declaring it a no fly zone. Supposing Zambia was asked by the United Nations (UN) to add a plane or two to that no fly zone force, what would be the Government’s response?

Interruptions

Mr Kunda, SC.: Mr Speaker, I will not engage in speculation.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Mpombo (Kafulafuta): Mr Speaker, …

Hon. PF Members: Hear, hear!

Mr Speaker: Order! The clock is ticking as you are shouting “hear, hear!”

Laughter

Mr Mpombo: Mr Speaker, I stand to ask a question of colossal national interests.

Laughter

Mr Mpombo: Mr Speaker, Lap Green, the company that has bought the Zambia Telecommunications Company (ZAMTEL) is owned by a Libyan parastatal organisation which is a holding company and has had its assets frozen all over the world. Yesterday, the UN agreed to impose a no fly zone on Libya which means that the country will be completely crippled in the next few days.

Can you assure the nation that, despite the connection of Lap Green to these issues, ZAMTEL and the workers are safe and that the core security of this company regarding telecommunications will not be affected?

Hon. PF Members: Hear, hear!

Mr Kunda, SC.: Mr Speaker, that company is doing very well and money is already available in the country for its operations.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Lubinda (Kabwata): Mr Speaker, unlike the Lusaka City Council (LCC) which is said to be managed by the PF, the Road Traffic and Safety Agency (RTSA) is managed by the Government. In November, 2010, RTSA, under the Government, spent K25.5 billion, which is US$5.3 million, to procure a printing machine to print drivers’ licences. After such a colossal amount of money was spent on a printing machine, which is to date not working to the satisfaction of the people to the extent that a lot of young Zambians are on the road using provisional drivers’ licences, I would like to find out what the cause of the Government being so reckless is.

Mr Kunda, SC.: Mr Speaker, I can only take note of that information and will verify whether the allegations being made by the hon. Member are correct. Of course, if they are correct, then they are of concern to us because we want our drivers to have licences and that machine should be utilised for that purpose.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, the Central Statistical Office (CSO) bought bicycles for the census exercise. After the exercise was completed, the District Commissioner (DC) for Mwense started distributing the bicycles to the Movement for Multi-Party Democracy (MMD) party cadres. Is it in order for that DC, who is a cadre, to start giving bicycles to party cadres?

Mr Kunda, SC.: Mr Speaker, there are procedures regarding the way we manage Government property. The information which the hon. Member has presented on the Floor of this House will be looked into. Government property must be managed according to the regulations.

I thank you, Sir.

Mr Kapeya (Mpika Central): Mr Speaker, may His Honour the Vice-President update the nation on the benefits of the famous Indaba on the economy held at the Mulungushi International Conference Centre on which a colossal amount of money was spent by the Government.

Mr Kunda, SC.: Mr Speaker, that Indaba brought Zambians together and, at that time, we were discussing the economic crunch. We benefited greatly from the deliberations which took place at the Indaba. As you can see now, the economy is doing very well. It is booming because of some of the ideas …

Hon. Members: Hear, hear!

Mr Kunda, SC.: … we got from that Indaba. We have even enacted laws based upon some of the suggestions which were made there. I can simply say that we benefited a lot from the Indaba.

I thank you, Sir.

Mr C. Mulenga (Chinsali): Mr Speaker, a voter’s card is a very sensitive document especially that the country is heading for general elections this year. Can His Honour the Vice-President explain why the Finance Bank, soon after being taken over by the Bank of Zambia, is collecting voters’ cards from the public as a condition to open an account with it? Could this be the international dribbling which your consultant has been advocating for?

Interruptions

Mr Speaker: Order!

Mr Kunda, SC.: Mr Speaker, I am not aware of that information. I hope that the hon. Member is not misleading this House and the nation because we know that the handling of voters’ cards is regulated by law. We will look into those issues which he has raised and the appropriate authorities will take note of them.

I thank you, Sir.

Interruptions

Mr Msichili (Kabushi): Mr Speaker, as we share the sorrow with our Japanese colleagues …

Interruptions

Mr Speaker: Order!

Mr Msichili: … over the loss of so many lives due to an earthquake, many countries have managed to send personnel to assist our colleagues and we have managed to send, at least, a letter of condolences. Now, in the event that Japan starts realigning its budgetary priorities and this, in turn, affects the flow of aid to this country, I would like to find out how the Government is preparing for this as we, as a country, depend so much on Japanese aid.

Mr Kunda, SC.: Mr Speaker, as the hon. Member has said, we have sent a message of condolences. Of course, that particular event is unfortunate, but we are always reviewing some of these issues and we will see if it is possible for us to react to a situation of that nature.

I thank you, Mr Speaker

Dr Chishya (Pambashe): Mr Speaker, the good policy of the Government to evacuate Zambians abroad for specialised treatment is meant to save lives.

Hon. Government Members: Hear, hear!

Dr Chishya: Therefore, can His Honour the Vice-President be categorical, honest and frank in informing this nation that if the Government did not act swiftly to evacuate a named Opposition leader for specialised treatment abroad, …

Interruptions

Dr Chishya: … that leader, by now, would have been the master of Lucifer’s choir in his kingdom.

Hon. Members: Hear, hear!

Laughter

Mr Speaker: Order! Order! The clock is ticking.

Mr Kunda, SC.: Mr Speaker, the hon. Member is suggesting that the said political leader would have gone straight to hell.

I thank you, Mr Speaker.

Laughter

Mr Speaker: Order! Your Honour, withdraw that word.

Laughter

Mr Kunda, SC.: Mr Speaker, I withdraw that word.

I thank you, Sir.

Laughter

Mr Mwamba (Kasama Central): Mr Speaker, His Honour the Vice-President has just confirmed that the economy of this country is doing …

Interruptions

Mr Speaker: Order! I cannot follow what the hon. Member is saying.

Mr Mwamba: I would like to find out from His Honour the Vice-President, who has just confirmed, on the Floor of this House, that this country’s economy is doing extremely well, why the Government is failing to attract doctors and nurses to work in public hospitals, which also have no drugs. There is also no linen …

Interruptions 

Mr Mwamba: Mr Speaker, I am sorry for paying attention to the distractions instead of going on with my question. I wanted to say that the hospitals do not have linen and transport.

Hon. Opposition Members: Hear, hear!

Mr Kunda, SC.: Mr Speaker, indeed, the economy is doing very well. We have just received a B+ rating from an international organisation. The World Bank and International Monetary Fund (IMF) continue to shower accolades on us. So, we are running the economy prudently.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: As regards the issue of linen in hospitals, the hon. Minister of Health did report, in this House, that we have allocated K4 billion to buy some.

Mr Simbao showed assent.

Mr Kunda, SC.: Medicines are also available in hospitals.

Hon. Government Members: Hear, hear!

Mr Kunda, SC.: So, what the hon. Member is saying is not true.

I thank you, Sir.

Hon. Government Members: Hear, hear!{mospagebreak}

Mr Sing’ombe (Dundumwezi): Mr Speaker, this country is heading for general elections this year. May I may find out from His Honour the Vice-President whether it is going to base its elections on the new Constitution since the delimitation exercise is still taking place.

Mr Kunda, SC.: Mr Speaker, I think this particular issue will be brought before the House. There is a Bill before a Committee and hon. Members will have an input in making the decision on whether to use the new Constitution in the next elections or not. So, the hon. Member will participate in that process.

I thank you, Mr Speaker.

Mrs Mwamba (Lukashya): Mr Speaker, I would like to find out from His Honour the Vice-President why the Ruling Party is so jittery about the continued use of the parallel voter tabulation (PVT) system even if election results are not announced. We know that it is the Electoral Commission of Zambia (ECZ) that should announce election results. So, what is the problem with us continuing with the same practice?

Mr Kunda, SC.: Mr Speaker, we have information about that voter tabulation exercise. It is about announcing results prematurely …

Hon. Opposition Members: No!

Lieutenant-General Shikapwasha: Yes!

Mr Kunda, SC.: … based on sample results and the people who are going to participate in that are from The Post newspaper, Anti-Voter Apathy Project (AVAP), Caritas Zambia, Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) and so on. These are all birds of the same feather and we know what they are going to say. The whole thing is predetermined. Therefore, we cannot allow it to be undertaken. Further, the laws of this country do not allow such organisations to cause chaos in this country and that is what they want to do. Therefore, as a responsible Government and based on our laws such as the Electoral Code of Conduct, we cannot allow illegality in this country.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Chota (Lubansenshi): Mr Speaker, could His Honour the Vice-President tell the nation if this country is still producing cobalt.

Mr Kunda, SC.: Mr Speaker, I can confirm that it is still doing that.

I thank you, Mr Speaker.

Mr Musosha (Mansa Central): Mr Speaker, the CDF is being appreciated by almost every constituent in my constituency. I am just from my village and everybody is very happy about the distribution of this money because villagers, head persons and chiefs are all taking part in its utilisation. May I know from His Honour the Vice-President when the 2011 CDF is going to be disbursed.

Hon. Members: Hear, hear!

Mr Kunda, SC.: Mr Speaker, the CDF will be released as soon as possible as we are mobilising funds for that purpose at the moment.

I thank you, Mr Speaker.

Mr Hachipuka (Mbabala): Mr Speaker, I want to learn from His Honour the Vice-President why this scenario of FAZ having two parallel executive committees is being allowed to continue. Why is the Government not doing anything about this issue because we, the football fans, continue to suffer? The standard of football in the country has fallen drastically because of this. What is the Government doing about it?

Mr Kunda, SC.: Mr Speaker, as I said earlier, we are very concerned with the state of affairs at FAZ, but the NSCZ is there to help us. As hon. Members are aware, FIFA does not allow governments to intervene or rather interfere in the running of football. Nonetheless, within permissible limits, we shall try to ensure that, through the NSCZ, these issues are resolved amicably and as quickly as possible because football, in this country, is suffering.

I thank you, Mr Speaker.

Mrs Musokotwane (Katombola): Mr Speaker, when is the Government ratifying the Gender Protocol?

Mr Kunda, SC.: Mr Speaker, there are so many protocols relating to gender. So, I do not know which particular protocol the hon. Member is referring to.

I thank you, Mr Speaker.

Mr Muyanda (Sinazongwe): Mr Speaker, may I know why the hon. Minister of Education has allocated eight high schools to the Eastern Province, three to Petauke District, three to the Luapula Province and zero to the Southern Province, when I even applied for high schools and wrote a letter to her? Why has she been so biased, His Honour the Vice-President, when Sinazongwe, as a district, has fifty-five primary schools and no high school? Why has she behaved in such a manner?

Hon. Opposition Members: Why?

Mr Kunda, SC.: Mr Speaker, we have not started constructing schools this year. Previously, we have constructed schools and, I think, there are sixty-five high schools under construction. So, you should look at the total number and then you will see that it is equitable.

Interruptions

Mr Kunda, SC.: Even what has been constructed in the past should be taken into account.

I thank you, Sir.

Colonel Chanda (Kanyama): Mr Speaker, word has it that Finance Bank is surviving on deposits from the Government and, furthermore, that this bank is about to be sold to a preferred bidder of South African origin, where the head of State has an interest. Can you confirm.

Mr Kunda, SC.: Mr Speaker, it is matters of that nature that are in court that I, unfortunately, do not delve into.

I thank you, Sir.

__________

QUESTIONS FOR ORAL ANSWER

UNIVERSITY OF ZAMBIA PROJECTS

368. Mr Chisala (Chilubi) asked the Minister of Education:

(a) how much money had been spent by the University of Zambia (UNZA) on the following projects:

(i) fencing of the premises at the Great East Road Campus; and

(ii) construction of student hostels at the Great East Road and Ridgeway campuses; and

(b) what the bed capacity of the newly constructed hostels was.

The Deputy Minister of Education (Dr Kawimbe): Mr Speaker, UNZA did not spend any money on the construction of the fence. It was funded by the Ministry of Sports, Youth and Child Development, through COJA Zambia, and it was administered by the Ministry of Works and Supply through the Buildings Department.

Mr Speaker, UNZA has spent K11,786,915,785.61 on the construction of four hostel blocks at the Great East Road Campus and K784,699,086.58 on the construction of one hostel block at the Ridge Way Campus.

Mr Speaker, let me take this opportunity to pay special tribute to Barclays Bank Zambia Limited, which contributed K2,909,299,604 to the construction of the hostel at the Ridgeway Campus.

Mr Speaker, the total bed capacity of the new hostels is 300 broken down as follows:

(i) the four hostel blocks at the Great East Road Campus have provided 240; and

(ii) the one hostel block at the Ridgeway Campus has provided 60 bed spaces.

I thank you, Sir.

Mr Chisala: Mr Speaker, despite the fact that the Government has constructed new hostels at UNZA, most of the students are still not accommodated. May I know how soon the Government intends to release money to go into the construction of new hostels?

Dr Kawimbe: Mr Speaker, the additional 360 bed spaces to the Ridgeway and Great East Road campuses is a drop in the ocean against the requirement. We need something in the order of 6,000 bed spaces.

Mr Speaker, as a Government and a ministry, we are working on plans to address that huge shortfall and once those arrangements have matured, we will make the appropriate announcements.

I thank you, Sir.

Mrs Phiri (Munali): Mr Speaker, allow me to pay tribute to the university union leaders who spearheaded the construction of, specifically, the Great East Road Campus hostels, and specifically, to the late Mukalipi and the other leaders who followed. My question is …

Mr Speaker: Order!

Who was that? The late who?

Mrs Phiri: Mukalipi was one of the union leaders. He is late.  My question is: Can the hon. Minister shed more light on the news which is going round that UNZA is going to close from July to December to allow for the construction of new infrastructure at the Great East Road Campus?

Dr Kawimbe: Mr Speaker, there is absolutely no truth in those rumours and I would like to make a special appeal that we do not use the Floor of this House for unconfirmed information.

I thank you, Sir.

Mrs Phiri: That is why I am asking you.

Mr Lumba (Solwezi Central): Mr Speaker, I want to find out from the hon. Minister how far the ministry has gone with the advertised public-private partnership (PPP) to develop the infrastructure at UNZA.

Dr Kawimbe: Mr Speaker, in fact, you will notice that, from our answer, I paid tribute to Barclays Bank Zambia Limited for its contribution of K2,909,299,604 towards the construction of the hostels at the Ridgeway Campus. This is a PPP in action.

I thank you, Sir.

Mr Mwenya (Nkana): Mr Speaker, with the shortage of accommodation, we have seen a good number of students finding accommodation in what are known as boarding houses. What has UNZA done to monitor these boarding houses where our students are being kept? This is because we have been informed that some of them have been turned into brothels. How are these boarding houses being monitored?

Dr Kawimbe: Mr Speaker, at UNZA, we have a Dean of Students who presides over this specific department which looks into issues such as the one the hon. Member has raised. If the hon. Member has any specifics, we would encourage him to take those concerns to the Office of the Dean of Students at UNZA.

I thank you, Sir.

EXAMINATIONS COUNCIL OF ZAMBIA CERTIFICATION FEES

369. Mr Mooya (Moomba) (on behalf of Ms Limata (Luampa) asked the Minister of Education why the Examinations Council of Zambia (ECZ) demanded a fee in order to certify certificates issued by the institution.

Dr Kawimbe: Mr Speaker, the ECZ does not certify the original certificates and statements of results. The documents which require certification are the photocopies of certificates. The photocopies which are made by the applicants are not ECZ documents. These copies are prone to changes and alterations, hence the need to have them certified. There are increasing cases of forgeries of certificates prompting employers and learning institutions to insist on certification of applicants’ qualifications.

Mr Speaker, let me briefly outline the process of certification:

(i) the applicants apply for certification using an ECZ application form in order to legalise the request;

(ii) records, both physical and electronic, are checked and a comparison is made between the results on the photocopy submitted by the applicant and those in the ECZ records;

(iii) the forms are endorsed by the records officer indicating whether the document is genuine or not. If the forms are endorsed genuinely, they are taken to the Council Secretary;

(iv) upon taking the forms to the Council Secretary for authentication, he/she stamps the document twice and signs it twice. It is only at this point that the forms are given to the applicant.

In spite of this, there is increasing demand on the ECZ to write confirmation letters despite the certification.

Finally, Mr Speaker, the Examinations Council of Zambia Act of 1983 allows the ECZ to charge fees in respect of services provided by the council.

Mr Speaker, I thank you.

RETIRED ZAMBIA ARMY EMPLOYEES

370. Mr D. Mwila (Chipili) asked the Minister of Defence:

(a) how many retired employees of the Zambia Army had not been paid long service bonus as of December, 2010;

(b) how much money was owed to the affected former employees;

(c) what had caused the delay in paying the former employees;

(d) when the money would be paid to the affected former employees.

The Deputy  Minister of Defence (Mulyata): Mr Speaker, the referred to employees are not military personnel, but classified employees. The total number of retired classified employees as of December, 2010, who have not been paid long service bonus stands at 199. The amount owed to the affected employees is K3.4 billion. The delay in paying the former employees is due to underfunding. The money owed to the former employees will be paid when it is available.

Thank you, Sir.

Mr D. Mwila: Mr Speaker, has the ministry budgeted for money to pay the mentioned employees in the 2011 Budget?

The Minister of Defence (Dr Mwansa): Mr Speaker, certainly, we are very concerned about this indebtedness and all is being done to reduce it. In addition to budgetary allocation to this aspect, the ministry has decided that, every month, it will set aside between K300 million and K400 million towards dismantling this debt. 

I thank you, Sir.

SECOND AND THIRD REPUBLICAN PRESIDENTIAL ACCOMMODATION

371. Dr Machungwa (Luapula) asked the Vice-President and Minister of Justice:

(a) what the current monthly rentals were on the housing properties occupied by the Second Republican President and the family of the Third Republican President; and

(b) what the total rent paid by the Government was to date on each of the properties above.

The Deputy Minister in the Vice-President’s Office (Mr Munkombwe): Mr Speaker, the Government is, currently, not paying any rentals for the housing property occupied by the Second Republican President as this is a State-owned property.

Secondly, as for the family of the Third Republican President, the Government is, currently, paying a monthly rental of US$6,800, paid in Zambian kwacha at a ruling bank rate. The rentals are paid in advance on an annual basis.

Mr Speaker, since no rentals have been paid for the Second Republican President, the only rentals paid are for the Third Republican President’s family. The total amount to date is K1,329,441,739 broken down as follows:
  
Year Amount

November to 230,505,739.00
December, 2008

2009 316,800,000.00

2010 387,600,000.00

2011 394,536,000.00

Total 1,329,441,739.00

Dr Machungwa: Mr Speaker, considering the huge amount of money being paid for the property occupied by the family of the Third Republican President, would the Government not wish to consider moving the family into a Government house so that it does not pay any rentals just like in the case of the Second Republic President?

The Vice-President and Minister of Justice (Mr Kunda, SC.): There is a requirement under the law which are providing accommodation and paying rentals that we seek the consent of the beneficiary and this house is the one found suitable for the status of the family of the Third Republican President. However, we have also found land so that we can construct a house in accordance with that particular law.

I thank you, Sir.

Colonel Chanda (Kanyama): Mr Speaker, I would like find out who the landlord is and whether withholding tax is paid from this money.

Mr Kunda, SC.: Mr Speaker, I do not have that information at the moment. However, the hon. Member can come to the office and we shall provide it.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, His Honour the Vice-President is on record as having informed this House that the Government was paying US$12,000 per month to rent a house for the Third Republican President’s family. However, today, the hon. Deputy Minister has informed this House that, actually, the Government is only paying US$6,000. Can His Honour the Vice-President clarify that.

Mr Kunda, SC.: Mr Speaker, this is the information we have been given on this particular issue from Cabinet Office. I do not recall giving that kind of information. However, we will look it up.

I thank you, Mr Speaker.

MINERAL ROYALTIES

372. Mr Chisala asked the Minister of Finance and National planning which mining company paid the highest mineral royalties between 2008 and 2009.

The Deputy Minister of Finance and National Planning (Mr Phiri): Mr Speaker, between 2008 and 2009, a total of K471 billion was collected as mineral royalty. The company that paid the highest mineral royalty was Mopani Copper Mines Plc with an amount of K152.6 billion followed by Konkola Copper Mines Plc at K142.4 billion and Kansanshi Mines Plc at 109 billion. The balance of K67 billion was paid by the rest of the mining companies.

Mr Speaker, I thank you.

Mr Chisala: Mr Speaker, lately, there are a number of companies that are involved in the mining of manganese in the Luapula Province. May I know how both the Central Government and the local authorities have been benefiting from this kind of activity?

The Minister of Finance and National Planning (Dr Musokotwane): Mr Speaker, the benefits coming out of there are, obviously, from the jobs that are created. Of course, with that, there are side benefits because when people have jobs, they want to buy bread, fish and spend money on education. So, the benefits are there.

However, we still have a challenge regarding the taxation of some of the activities going on there because it would appear that there is quite a bit of informal mining taking place as I am made to understand by my experts. Nonetheless, this is something that we are looking at actively.

I thank you, Mr Speaker.

Mr Mwenya: Mr Speaker, I would like to find out from the hon. Minister of Finance and National Planning why we have failed to implement Section 136 of the Mines and Minerals Act which clearly stipulates that mineral royalty is supposed to be shared with the local authorities and communities where it is being realised. What has been the problem?

Dr Musokotwane: Mr Speaker, we have not failed to implement this. This issue was debated in detail, last year, and we explained that, in coming up with the issue of sharing mineral royalty taxes, it is not just a matter of sharing with the respective local councils because there are a number of other issues that must be considered. For example, the moment we do that, obviously, the amount of resources that some local councils get will shoot up substantially and others in the country will not get anything.

Therefore, as we implement this, we have to very carefully think through the issues of equity and how we are going to equalise this so that, in as much as we make the councils with mines benefit, we do not create a situation where those councils that do not have mines feel that they are being left behind. There are a lot of things that we have to think through so that we do not create tension in our society.

Nonetheless, the Government is totally committed to the implementation of this matter once the issues and complications that I have mentioned have been thought through and ironed out.

Mr Speaker, I thank you.

____________{mospagebreak}

BILLS

SECOND READING

THE DAY NURSERIES (REPEAL) BILL

The Minister of Fisheries and Livestock Development (Mr Machila) (on behalf of the Minister of Local Government and Housing (Dr Chituwo)): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, I wish to thank you for according me this opportunity to give a policy statement on the proposed Bill to amend the Day Nurseries (Repeal) Bill, 2010. The Day Nurseries Act, Cap. 313 of the Laws of Zambia was enacted in 1957. This piece of legislation was the first innovative step towards the recognition of the importance of early childhood care, development and education. The Act, amongst other things, did provide for regulation and registration of day nurseries.

Mr Speaker, there are a number of developments that have taken place in the education sector, including the introduction of Early Childhood Care, Development and Education Policy. The Day Nurseries Act has not responded to the changes in the education sector. Furthermore, the Day Nurseries Act has not incorporated international principles and the declaration in education.

In light of the above, the Day Nurseries (Repeal) Bill, 2010, once enacted, will effectively regulate the provision of early childhood care development and education in the country.

In conclusion, my ministry supports the Day Nurseries (Repeal) Bill, 2010 as it has made provision for any rights or obligations that were hitherto instituted by local authorities now to be instituted by the Government under the Education Bill, 2011.

Mr Speaker, I thank you.

Mrs Musokotwane (Katombola): Mr Speaker, your Committee scrutinised the Day Nurseries (Repeal) Bill, 2010 which was referred to it on 26th of November, 2010. Your Committee welcomes the repeal of the Day Nurseries Act, Cap. 313 of the Laws of Zambia which was enacted in 1957.

Your Committee supports the repeal of this particular Act because it does not affect any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by a local authority. This, among others, implies that any proceedings against the Government existing prior to the repeal of the Day Nurseries Act of 1957 shall continue after the repeal of the said Act.

Mr Speaker, you may wish to know that even before the repeal of the Day Nurseries Act, the responsibility of co-ordinating early childhood care, development and education was transferred to the Ministry of Education through Government Gazette No. 547 of 2004.

Sir, the repeal of this Act will, therefore, help to bring the provision of education services in Zambia under one ministry. Your Committee is also happy to note that the Ministry of Education has not only adopted early childhood care, development and education as its first sub-sector, but has also drafted the National Policy on Early Childhood Care, Development and Education, the National Curriculum for Early Childhood Care, Development and Education. The ministry is working with stakeholders to develop play materials and care givers manuals.

Mr Speaker, while your Committee recommends the Bill for favourable consideration by the House, it is concerned that this repeal will lead to loss of revenue. The councils used to raise revenue from the Registration of Nursery Schools. For example, your Committee was informed that Lusaka City Council raises about K400 million from the registration of nursery schools.

However, your Committee is aware that the provision of day nursery services is not supposed to be treated as a business, but a service to the local communities they serve.

Finally, Mr Speaker, your Committee wishes to express its gratitude to you for granting it the opportunity to scruitnise the Day Nurseries (Repeal) Bill, 2010. It also wishes to thank the Office of the Clerk of the National Assembly for the support rendered to it throughout its deliberations.

Sir, your Committee is indebted to all the stakeholders who appeared before it for their co-operation in providing the necessary briefs.

Mr Speaker, I thank you.

Mr Machila: Mr Speaker, I wish to thank the House for its overwhelming support.

I thank you, Sir.

Hon. Members: Hear, hear!

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

Committed to a committee of the Whole House.

Committee on Wednesday, 23rd March, 2011.

__________

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the 
Chair]

THE REGISTRATION OF BUSINESS NAMES BILL, 2011

Clauses 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretations)

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Chairperson, I beg to move an amendment in Clause 2, on page 5,

(a) in line 8, by the insertion of the following marginal note:

“Act No. 15 of 2010”;

(b) in lines 13 to 14, by the deletion, immediately after the words “style under”, of the words “Act No. 15 of 2010”; and

(c) in lines 14 to 15, by the deletion of the marginal note.

Amendment agreed to. Clause amended accordingly.

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

Clauses 3 ordered to stand part of the Bill.

CLAUSE 4 – (Firms and Persons to be Registered)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 4, on page 7:

(a) in line 7, by the deletion after the word “exceeding”, of the words “two hundred” and the substitution therefor of the word “fifty”;

(b) in line 9, by the deletion of the words “two years” and the substitution therefor of the words “one year”.

Amendment agreed to. Clause amended accordingly.

Clause 4, as amended, ordered to stand part of the Bill.

Clauses 5, 6, 7, 8, 9 and 10 ordered to stand part of the Bill.

CLAUSE 11– (Display of Certificate)

Mr Kunda, SC.:  Mr Chairperson, I beg to move an amendment in Clause 11, on page 8:

(a) in line 32, by the insertion of the figure “(1)” between the number “11” and the word “A”; and

(b) after line 33, by the insertion of the following new subsection:

“(2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units.”.

Amendment agreed to. Clause amended accordingly.

Clause 11, as amended, ordered to stand part of the Bill.

CLAUSE 12 – (Annual Return)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 12, on page 8, in line 39 to 40, by the deletion immediately after the words “penalty units”, of the words “or to imprisonment for a period not exceeding two years, or to both”.

Amendment agreed to. Clause amended accordingly.

Clause 12, as amended, ordered to stand part of the Bill.

Clauses 13 and 14 ordered to stand part of the Bill.

CLAUSE 15 – (Registration of Change in Particulars)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 15, on page 9, in line 29, by the deletion immediately after the word “exceeding” of the words “one thousand” and the substitution therefor of the words “five hundred”.

Amendment agreed to. Clause amended accordingly.

Clause 15, as amended, ordered to stand part of the Bill.

 

 

Clauses 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 ordered to stand part of the Bill.

Title agreed to. 

THE PUBLIC PROCUREMENT (Amendment) BILL, 2011

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 ordered to stand part of the Bill.

Appendix ordered to stand part of the Bill. 

Title agreed to.

Hon. Members: Hear, hear!

The Deputy Chairperson: Order!

Business was suspended from 1045 hours until 1100 hours.

[THE DEPUTY CHAIRPERSON in
 the Chair]

The Deputy Chairperson: When business was suspended, the House had just concluded considering the Public Procurement (Amendment) Bill, 2011.

THE TRADES LICENSING (Repeal) BILL, 2011

Clauses 1 and 2 ordered to stand part of the Bill.

Title agreed to.

________

HOUSE RESUMED

[MADAM DEPUTY SPEAKER in the Chair]

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

The Registration of Business Names Bill, 2011

Report Stage on Tuesday, 22nd March, 2011.

The following Bills were reported to the House as having passed through Committee without amendments

The Public Procurement (Amendment) Bill, 2011

The Trades Licensing (Repeal) Bill, 2011

Third Readings on Tuesday, 22nd March, 2011.

REPORT STAGE

The Education Bill, 2011

Report adopted.

Third Reading on Tuesday, 22nd March, 2011.
 
THIRD READING

The following Bill was read the third time and passed:

The Presidential (Emoluments) (Amendment) Bill, 2011

________

MOTION

ADJOURNMENT

The Vice-President and Minister of 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 1108 hours until 1430 hours on Tuesday, 22nd March, 2011.