DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Thursday, 10th March, 2011

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

___________

ANNOUNCEMENT

COMMONWEALTH DAY

Mr Speaker: Hon. Members, the Commonwealth Parliamentary Association (CPA) Zambia Branch will join the rest of the Commonwealth countries in commemorating the Commonwealth Day on Monday, 14th March, 2011. The Zambia Branch has lined up activities involving youths drawn from the nine provinces of Zambia.

These activities include a debate in line with this year’s theme which is, “Women as Agents for Change”. I invite all hon. Members as CPA Branch Members to attend the commemoration of the Commonwealth Day on Monday, 14th March, 2011 at 0900 hours in the Auditorium here at Parliament Buildings. I urge hon. Members to give support to this important event on the CPA calendar.

I thank you.

____________

QUESTIONS FOR ORAL ANSWER

KASAMA/LUWINGU ROAD

300. Mr Kambwili (Roan) asked the Minister of Works and Supply:

(a) how many kilometres of the Kasama/Luwingu Road was tarred in 2009/2010;

(b) when the works would be completed; and

(c) what standard of tarring was being applied.

The Deputy Minister of Works and Supply (Mr Mangani): Mr Speaker, in 2009/2010, 66 kilometres of the Kasama/Luwingu Road was tarred and the works on the road were expected to end on 31st December, 2010. However, an extension was given up to 31st July, 2011 to allow for the completion of Lunte Bridge and Chitanshika Bridge.

Mr Speaker, the standard being applied to tar is class C 1, bituminous standard, double seal of aggregate sizes first seal, 13.2 mm and second seal, 6.7 mm.

Mr Speaker, I thank you.

Mr Kambwili: Mr Speaker, may I know the financial implication of this extension.

Mr Mangani: Mr Speaker, the works on this road were budgeted for and an amount of K192 billion was allocated for this project. Thus, there are no further financial obligations regarding the extension.

I thank you, Sir.

Mr Mooya (Moomba): Mr Speaker, may I know why the two bridges were not included in the original contract hence the extension of six months.

Mr Mangani: Mr Speaker, according to the response I have given, they were included except that they have not been completed. The works on the bridges are still on going and after that the road will be completed.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, may I find out from the hon. …

Mr Mwiimbu: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Mwiimbu: Mr Speaker, I rarely rise on points of order pertaining to issues of national interest.

Mr Speaker, in the recent past, including yesterday and today, the hon. Minister of Information and Broadcasting has been threatening citizens of the Republic of Zambia regarding them talking about the parallel voter tabulation (PVT) system. This information was carried in the Government newspapers of yesterday and the hon. Minister of Foreign Affairs today threatened diplomats in this country who have been performing their duties diligently…

Interruptions

Mr Mwiimbu: … regarding them talking about the PVT.

Mr Speaker, elections in this country are regulated by the Constitution of Zambia, the Electoral Act and the regulations in the Electoral Code of Conduct. For reference, I would like to inform this House that every candidate in an election in this country is obliged under Section 35 of the Electoral Act to appoint an election agent who has duties and responsibilities.

One of the duties of an election agent is to monitor elections and to attend the counting and declaration of results at a polling station. When the results are announced by the presiding officer, the polling agent is given a certificate indicating the results that have been announced by the Electoral Commission of Zambia (ECZ). The duty of the election agent at a polling station is to deliver that voters’ certificate to the principal who is also an agent. Then, the principal has the right to tabulate the results in the constituency or in the Republic of Zambia.

Hon. Opposition Members: Hear, hear!

Mr Mwiimbu: Mr Speaker, further, the Electoral Code of Conduct of 2006 under regulation 14 (1), which I would like to read, states:

“All media shall disclose accurate election results and shall provide updates on the progress of the vote counting process and shall not speculate election results but shall broadcast confirmed election results as they are announced and published by presiding officers.”

Hon. Opposition Members: Hear, hear!

Mr Mwiimbu: Sir, I have perused all the laws pertaining to elections and there is nowhere where a member of the public, an election agent or organisation is prohibited from adding the results that have been declared by presiding officers.

Hon. Opposition Members: Yes!

Mr Mwiimbu: Mr Speaker, therefore, is the hon. Minister of Justice in order to remain quiet when his lay colleagues are misleading and threatening the public, which threats are actually threatening the security of this country as we are proceeding towards elections? All laws are made by this House. Where are they getting the authority to threaten diplomats and members of the public when there is no such law which prohibits the tabulation of results which have been officially announced by the ECZ? I need your serious ruling, Mr Speaker.

Hon. Opposition Members: Hear, hear!

Mr Speaker: The hon. Member for Monze Central has raised a lengthy point of order regarding the parallel vote tabulation system. The debate on this matter is raging outside this House. Indeed, this House can claim a certain amount of interest in the matter, but only in the following sense. This House enacted the Constitution of the Republic of Zambia and among the creatures of that Constitution is the authority known as the ECZ and the Constitution assigns to this commission powers and functions to carry out the presidential, parliamentary and local government elections. Once this House, through the Constitution, has assigned that commission those powers, it expects the ECZ to carry out those functions and powers. Obviously, in a matter of this magnitude, hon. Members here cannot expect the 13 million-plus persons who live in Zambia to agree, especially on the procedures that the commission should employ to carry out those functions.

I will not help this House if I rule definitively on this matter because there is no Motion on this matter before this House on which you could debate and vote. So if there are any hon. Members here who wish to enter the fray on this subject, they are free to address the people of Zambia through the media that we have referred to, but better be very factual and convincing in their arguments.

Let me finally say this. If you start from the view point of terminology, ask yourself a question. Who is a monitor of elections and who is an observer of elections? What does the monitor or observer do during an election? Is your electoral agent an observer or a monitor? If your agent is a monitor, what then do you call those officers of the ECZ who assist the people of Zambia to vote? In fact, those are the monitors. Who are the observers? The observers are those who are invited to come and see what we are doing.

There are lawyers here and we expect you to assist on this matter. We should not leave it only to the learned hon. Minister of Justice. By the way, he is the only one in this House known as ‘learned’.

Hon. Government Members: Hear, hear!

Laughter

Mr Speaker: The rest of you here are hon. Members of Parliament and none of you is ‘learned’ when you are here.

Laughter

Mr Speaker: I did not want to finally enter into the functions of the Executive, but those of you who have been members of the Zambian Foreign Service, and there are a number here, will know the dos and don’ts that you should observe as a diplomat in the country to which you are accredited. You can go back as far as 1815 on this matter. You can come to 1848 on this matter in trying to look at the various Geneva Conventions which are clear on the protocols and etiquette that befit foreign envoys in a particular country.

Hon. Government Members: Hear, hear!

Mr Speaker: I will give you one public example. As we speak now, the United States Government has had to recall its representative to Japan dealing with matters of Okinawa because of the things he said over there. So, I will not muzzle any of you from expressing your opinions on this matter, but do it out there, …

Laughter

Mr Speaker: … just like your colleagues are doing it. Join them.

Laughter

Mr Speaker: Hon. Member for Chipili.

Hon. Government Members: Hear, hear!

Mr D. Mwila: Mr Speaker, I want to find out from the hon. Minister of Works and Supply why the Government decided to change the name of the Kasama/Luwingu/Mansa Road to Kasama/Luwingu Road.

Mr Mangani: Mr Speaker, I may not have the details of why that aspect of that road was removed, but it still means the same thing. The stretch of the kilometres of the road are the same.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, this project is only a portion of the entire project which is the Kasama/Mansa Road. The first portion is the Mansa/Luwingu Road. So, when is the Government going to continue to the next portion which is the Luwingu/Mansa Road?

Hon. Opposition Members: Hear, hear!

Mr Mangani: Mr Speaker, the second phase will be tackled when we have enough resources. At the moment, this amount is only for the 96 km-stretch. So, once we have the resources, we will tackle the second phase.

I thank you, Sir.

Mr Milupi (Luena): Mr Speaker, the Kasama/Luwingu Road is a major highway, especially when it is extended to Mansa. Why has this Government decided to construct it at a relatively low standard as explained by the hon. Minister.

Mr Mangani: Mr Speaker, I do not know what the hon. Member means by low standard because Class C1 is the best standard we have.

I thank you, Sir.{mospagebreak}

COLLIUM COAL MINE ACCIDENTS

301. Mr Kambwili asked the Minister of Mines and Minerals Development:

(a) how many accidents had been recorded by Collium Coal Mine since it became operational;

(b) of the accidents recorded, how many had been fatal; and

(c) what corrective measures had been taken by the Government on the accident which occurred when the mine was closed by the Mines Safety Department.

The Deputy Minister of Mines and Minerals Development (Mr Nkhata): Mr Speaker, Collium Coal Mine recorded a total of twenty-eight accidents since it became operational in 2004 as follows:

Year  Reportable Accidents  Fatal Accidents

2004 0 Nil
2005 07 Nil
2006 03 Nil
2007 07 Nil
2008 03 02
2009 05 01
2010 03 Nil
Total 28 03

Mr Speaker, the mine recorded three fatal accidents since it became operational as follows:

Year  No. of Accidents

2008 2

2009 1

Total 3

Mr Speaker, my ministry, through the Mines Safety Department, took remedial measures as prescribed under the mining regulations. The measures vary according to the prevailing circumstances which led to the accident.

I thank you, Sir.

Mr Kambwili: Mr Speaker, it is a criminal offence, under the mining regulations, to operate a closed mine. In this instance, the mine was closed by the Mines Safety Department, and yet a fatality occurred. Why have the owners of the mine not been taken to court and been prosecuted?

Mr Nkhata: Mr Speaker, the Mines Safety Department is busy preparing to see how best it can work on that matter.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, arising from the answer given by the hon. Deputy Minister of Mines and Minerals Development, what measures has the Government put in place to ensure that the accidents are reduced in comparison with Konkola Copper Mine (KCM) and Mopani Copper Mine because the figures are too high?

Mr Nkhata: Mr Speaker, as I earlier stated, our Government has taken remedial measures in accordance with the regulations described in the Act. I can cite some of them as follows:

(i) the Collium Coal Mine has engaged a training school with competent trainers on safety and health related issues to train the workers;

(ii) the Collium Coal Mine has an Accident Prevention Section which has competent safety officers to supplement the safety measure and inspections; and

(iii) the Collium Coal Mine has also employed competent, experienced and trained supervisors to control, direct and oversee the operations of the mine.

I thank you, Sir.

Mr Simuusa (Nchanga): Mr Speaker, despite the measures that are reported to have been taken, following the accidents at Collium Coal Mine, fatalities have continued as has been seen from the results. Now, can the hon. Minister confirm that those measures that were taken have failed and that the Government is actually adopting a soft approach towards the Chinese mines because other large operations are achieving zero fatality as per our target in the mining industry.

Mr Nkhata: Mr Speaker, I do not agree with what the hon. Member has said because each mining company is fighting hard to come up with corrective measures to ensure that people do not die. There is no company that would like people to die in the mines. So, I cannot confirm that what the hon. Member has said is true.

I thank you, Sir.

Mr Lumba (Solwezi Central): Mr Speaker, my question has been over taken by events.

Mr Mukanga (Kantanshi): Mr Speaker, I would like to find out why it has taken this long for the Mines Safety Department to come up with a report when the accident and the closure of the mine happened in 2003. Furthermore, what is the Government doing to ensure that the culprits who have been hiding this information are brought to book?

Mr Nkhata: Mr Speaker, in preparing a report, you do not just wake up and start writing. One has to sit down and prepare the correct thing. Even here in Parliament, we do not just answer questions anyhow. We have to get correct information so that, tomorrow, people should attest to the fact that the information collected is the true version of what happened.

I thank you, Sir.

Mr Muntanga (Kalomo Central): Mr Speaker, I would like the Government to be very specific. The accident that happened in 2003 when the mine was closed was a criminal offence, and yet nothing has been done. In addition to that, another accident happened in 2010. Therefore, what is it that the Government is exactly supposed to do when someone contravenes the regulations and a fatality happens?

Mr Nkhata: Mr Speaker, this is why there are laws which people have to follow. You cannot predict that an accident will happen on a given day.

I thank you, Sir.

Mr Sing’ombe (Dundumwenzi): Mr Speaker, would the hon. minister be kind enough to tell this House and the nation how many accidents happened as a result of both the company and the employees’ negligence?

Mr Nkhata: Mr Speaker, the question given requires me to get back to my office and get all the records which are required. However, the hon. Member is free to come to my office and I can give him the answers right there.

I thank you, Sir.

LUENA HEALTH FACILITIES

302. Mr Milupi (Luena) asked the Minister of Health:

(a) how many health facilities in Luena Parliamentary Constituency, name by name, offered the following services:

(i) human immuno-deficiency virus (HIV) testing;

(ii) CD4 count; and

(iii) anti-retroviral treatment (ART); and

(b) what plans the Government had for the people in far-flung rural areas where the above services were not available.

The Deputy Minister of Health (Dr Kalila): Mr Speaker, Luena Parliamentary Constituency has ten health facilities and these are as follows:

(i) Limulunga;
(ii) Nangula;
(iii) Mwanawina;
(iv) Usha;
(v) Sitoya;
(vi) Iloke;
(vii) Ndanda;
(viii) Namitome; 
(ix) Ikwichi; and
(x) Ikabako – a recently commissioned health post.

Mr Speaker, all the ten mentioned health facilities in Luena Constituency provide HIV counselling and testing services.

None of the health facilities in Luena Constituency offer CD4 count tests on site. Currently, all specimens for CD4 count tests are referred to Lewanika General Hospital and Mongu Urban Clinic.

Mr Speaker, three of the facilities in Luena Parliamentary Constituency namely; Limulunga, Nangula and Mwanawina provide ART treatment services.

Mr Speaker, the Government, through the Ministry of Health, plans to give the following in order to ensure that people in far-flung rural areas access the above services:

(i) upgrade more of the mobile ART sites to static ones by improving the infrastructure ─ buildings and equipment provision ─ and providing more trained staff;

(ii) further strengthen the referral system for tests that cannot be done at facilities without laboratory services; and

(iii) expand mobile ART services to facilities in far-flung areas where it is less cost effective to set up static ART Clinics.

Mr Speaker, currently, the two modes of offering the above mentioned services to the Zambian community are as follows:

(i) static ART service – this is offered at the facility by staff working at
that facility. This service is available in all the hospitals and the health centres with adequate staffing; and

(ii) mobile ART service – this service is offered mostly to facilities that are far from the static ART sites. Health workers from the static ART sites move to these far lying facilities periodically, roughly about two weeks minimum, to offer ART services that include HIV testing, CD4 testing, liver and kidney function tests. Clients and patients are given appointments to coincide with the next time that the health staff go for the next visit. For facilities with no equipment to carry out laboratory tests such as CD4 count, there is a referral system where blood specimens are collected and referred to the nearest facilities with the equipment. The criteria for these tests is that once someone is tested HIV positive then he or she will have to do a CD4 count, liver and kidney function tests to assess whether they qualify to start ART treatment.

Mr Speaker, I thank you.

Mr Milupi: Mr Speaker, HIV testing, CD4 count testing and especially ART treatment have transformed what was once a fatal disease, indeed, a death sentence, to a chronic disease like diabetes or high blood pressure. Would the hon. minister confirm to this House that, in Luena Constituency, there are only three centres where you can get ART treatment and these are at Mwanawina, Limulunga and Nangula? They leave out many far-flung centres such as Iloke, Ndanda and many others where people do not have access to this type of treatment and these are miles away …

Mr Speaker: Order!

I am waiting for the question!

Mr Milupi: Would the hon. minister indicate to this House the measures that the Government will put in place to make sure that areas like Iloke and Ndanda are also included in the ART programme.

Dr Kalila: Mr Speaker, I want to thank the hon. Member who has impressed me with his preamble which has given us an idea of his knowledge of HIV/AIDS.

Laughter

Dr Kalila: First and foremost, I have given a very elaborate and lengthy answer on what measures this Government has put in place to reach the far-flung areas such as the ones he has mentioned. One of them is that health care deliveries are premised on a very strong referral system. This means that what one centre is unable to do is refered to the next one.

Sir, in his constituency, we have three centres that are already offering this ART treatment on site and these centres take in referrals from other places that are currently not able to offer this service. However, we are very mindful of the long distances and terrains that obtain in some of these places, especially in his constituency, Luena. It is for this reason that the Government has gone further to introduce these outreach programmes which take place every two weeks to reach places that are far-flung such as his constituency.

Mr Speaker, this prudent Government, mindful of this state of affairs in some of these places, has gone further to introduce mobile health services, which we shall soon be launching to reach some of our brothers and sisters in Luena.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Dr Scott (Lusaka Central): Mr Speaker, from the way the hon. Minister talks, it seems that the Government is the only active agent in constituencies like Luena dealing with AIDS. Could he inform us to what extent other organisations such as the Churches Association of Zambia (CHAZ), the non-governmental organisations and other various anti-AIDS programmes are involved in this exercise and to what extent their contribution is adequate.

Dr Kalila: Mr Speaker, I think it is common knowledge in this country that our national response to HIV/AIDS is multi-sectoral which involves, as he has rightly said, the CHAZ and, of course, a myriad of other non-governmental organisations (NGOs). In fact, the referral system, particularly for blood samples, is being supported heavily by the Centre for Infectious Disease Research in Zambia (CIDRZ) which is, of course, an NGO with an office in Mongu, in trying to assist in transporting some of the blood samples from one place to another. So, indeed, as everybody knows, there are many players who are involved and the Government is very thankful to them.

Thank you, Sir.

Mr Mwiimbu (Monze Central): Mr Speaker, recently, there was a shortage of anti-retroviral drugs in the country. I would like to find out from the hon. Minister what effect the shortage had on the people who were on these drugs.

Dr Kalila: Mr Speaker, first of all, I want to mention one thing that there was no shortage of anti-retroviral (ARV) drugs to the extent that people were not getting them. Stocks were high to ensure that everyone received ARV drugs. Instead of giving a supply for three months, we cut it down to ensure that everybody got ARV drugs. In fact, our stocking levels now are normal. During the mentioned period, no one went away without drugs. Therefore, the question of what could have happened does not arise.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, can the hon. Minister indicate how long mobile teams spend when they go out to the sites and what kind of logistical provisions are availed to them?

Dr Kalila: Mr Speaker, an outreach programme is dependent on the case load. This means the number of people envisaged to be attended to based on the ground work that has been done by the centre. So, there is no standard period such as one day or two hours. It is dependent exactly on how many cases are found at a particular station.

Thank you, Sir.

Mr Mukanga: Mr Speaker, one of the problems with CD4 Count machines is the non-availability of reagents. What is the Government doing to ensure that the reagents for CD4 Count machines are readily available throughout the country?

Dr Kalila: Mr Speaker, I am not aware of the shortage of these reagents. Therefore, I am not able to answer the hon. Member’s question because we have the reagents and testing is going on very smoothly.

Thank you, Sir.

COPPER PRODUCTION LIFESPAN

303. Mr Mwango (Kanchibiya) asked the Minister of Mines and Minerals Development what the lifespan of copper production for each of the following mines was:

(i) Konkola;

(ii) Mufulira; and

(iii) Chibuluma.

The Deputy Minister of Mines and Minerals Development (Mr Chikwakwa): Mr Speaker, before I answer the question, let me take advantage of this opportunity to register my appreciation to His Excellency the President of the Republic of Zambia, Mr Rupiah Bwezani Banda, for appointing me as hon. Deputy Minister of Mines and Minerals Development.

Hon. Government Members: Hear, hear!

Mr Chikwakwa: ... and also nominating me as a Member of Parliament for this House. I owe my appointment to the people of Luapula and Copperbelt provinces, particularly Masaiti District. I also want to register my appreciation to you, Mr Speaker, the Clerk of the National Assembly and the entire House for the thunderous welcome you accorded me when I entered this House.

Hon. Government Members: Hear, hear!

Mr Chikwakwa: I salute all of you.

I want to assure you, Mr Speaker, and the House, that my loyalty to His Excellency the President and you, Mr Speaker, will be unquestionable. I shall be open to team work so as to ensure that this Government takes development to the people of Zambia.

Let me now answer the question that has been asked by the hon. Member for Kanchibiya. Based on the current proven ore reserves and mining rate as provided by mining companies, the lifespan of the mines listed in the question is as follows:

(i) Konkola Underground Mine, which includes Konkola Deep Mining Project, is thirty years;

(ii) Nchanga Open Pit is eleven years; and

(iii) Nchanga Underground Mine, which is incorporating the upper ore body, is twenty-two years.

Mr Speaker, the House may also wish to know that the lifespan of Mufulira and Chibuluma mines is up to 2017. However, the Government encourages continued exploration to increase the resource base and enhance the lifespan of the mines.

Thank you, Sir.

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

Mr Mwango: Mr Speaker, considering that copper is a wasting asset, what plans do we have for the people of Mufulira, especially that copper will be out of stock within the next seven years?

Mr Chikwakwa: Mr Speaker, there is continued exploration for the mineral at Mufulira and other places.

Thank you, Sir.

Mr Lumba: Mr Speaker, I welcome the hon. Deputy Minister of Mines and Minerals Development to the House. What extra effort is the Government making, apart from encouraging exploration, to improve the livelihood of the people when the copper is finished?

Mr Chikwakwa: Sir, we do understand that the Zambian economy is dependent on copper and even our President has been saying at many forums that we are moving away from depending on copper to other areas of production.

Thank you, Sir.

Mr D. Mwila: Mr Speaker, what measures has the Government put in place to ensure that the communities benefit through corporate social responsibility since people have not been benefiting from the revenue earned from the minerals mined in their areas?

Mr Chikwakwa: Mr Speaker, the mining companies put up programmes to help the communities where the mines are.

Thank you, Sir.

Mr Chanda (Kankoyo): Mr Speaker, Mufulira Mine had a slightly longer lifespan than the answer he has given. I would like to know what has reduced the lifespan and whether the crude methods that the new owners have employed on this mine have contributed to the reduction of the lifespan.

Mr Chikwakwa: Mr Speaker, the figures that I gave are based on the figures availed by the owners of the mine.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, the lifespan of any wasting asset is a function of the price of the commodity. Clearly, if the price of copper goes down, Mufulira Mine will close down even more rapidly. I would like to know specifically what measures are being taken in Mufulira to grow the agricultural sector and absorb the unemployed miners who will emerge eventually from the depths of Mufulira Mine.

Mr Chikwakwa: Mr Speaker, as we all know, Mufulira Mine was threatened with closure in 2008. This was due to the depth of the mine which makes it very difficult to operate, coupled with the low grade of ore. However, the owners of the mine are trying to improve and expand it through prospecting and exploration.

I thank you, Sir.

Mr Chongo (Mwense): Mr Speaker, the question has already been asked.

Mr Nsanda (Chimwemwe): Mr Speaker, after copper has diminished on the Copperbelt, what will be the benefit of the Lamba people of that area?

Mr V. Mwale: What kind of question is that?

Mr Chikwakwa: Mr Speaker, the benefit for the Lamba people is to continue with agricultural activities so that they can feed themselves as they have always done.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Laughter

Mr Speaker: Order!

BEDDINGS PROVISION FOR  RURAL HEALTH CENTRES

304. Mr Katuka (Mwinilunga East) asked the Minister of Health when the following rural health centres will be provided mattresses and beddings:

 (i) Kamapanda;

 (ii) Kapundu;

 (iii) Chiwoma; and

 (iv) Chibwika.

Dr Kalila: Mr Speaker, the Ministry of Health has plans to procure mattresses and beddings to replace the old mattresses and beddings at Kamapanda, Kapundu, Chiwoma and Chibwika rural health centres of Mwinilunga District.

 The procurement of new mattresses and beddings for the four rural health centres will be done in phases by the district health office using its operational grant within this year.

Mr Speaker, the House may further wish to note that the Government is aware of the need to provide most of our health facilities countrywide with blankets, bed sheets, pillows and mattresses on regular intervals.
 
Sir, the Government plans to spend about K4,107, 105, 000.00 this year to procure blankets, bed sheets, pillows and mattresses for all the hospitals countrywide. The tender process has commenced and, as soon as it is completed, the items will be procured and distributed to all the provinces in the country.

Mr Speaker, I thank you.

Mr Katuka: Mr Speaker, is the hon. Minister aware that, for four years now, there have been no mattresses in all the four rural health centres and that people have continued to sleep on the floor?

Dr Kalila: Mr Speaker, I think that the hon. Member should be thankful to this Government for its efforts to improve.

Mr D. Mwila: Question!

Dr Kalila: If we are not aware, why are we procuring beddings for the entire country? Secondly, this year, your district health office is expected to buy the same items for health centres in Mwinilunga. If we were not aware, would we be buying the items?

I thank you, Sir.

Mr Nkombo (Mazabuka Central): Mr Speaker, the hon. Minister indicated in his answer that the Government is spending K4 billion to buy blankets and bed sheets. I would like to know what measures the Government has put in place at health institutions so that the blankets it intends to buy are not stolen by patients or their relatives when they are discharged from hospital.

The Minister of Health (Mr Simbao): Mr Speaker, I am grateful to the hon. Member of Parliament for Mazabuka Central for his positive contribution.

Sir, the onus is on every one of us, but much more so on the hon. Members of Parliament who have the opportunity to meet our people and explain the need for them to take care of Government property.

Sir, the problem in our hospitals is that it seems normal for somebody to walk away with an item belonging to the Government when it is not. If we all talk about this as something that is unacceptable, we will be the best security to Government property. We do put in place a lot of security, but it is still beaten.

Mr Speaker, most health centres have had blankets and mattresses before, but they have been stolen.  It is not even that they are old and torn. It is important that, as hon. Members of Parliament, that we make it clear to our people that hospitals are meant for everyone of us and that when we go there we must leave the items that were bought by the Government in place upon discharge.  This would be very helpful to the Ministry of Health.

Mr Speaker, I thank you.

LAW ASSOCIATION OF ZAMBIA

305. Mr D. Mwila asked the Vice-President and Minister of Justice:

 (a) how many lawyers were suspended for misappropriation of clients’ funds    by the Law Association of Zambia (LAZ) from 2006 to 2010;

 (b) how many of these lawyers had their suspensions lifted; and

 (c) what measures the Government had put in place to deter lawyers from    committing the above offence.

The Deputy Minister of Justice (Mr Chilembo): Mr Speaker, from 2006 to 2010, a total of six advocates had their practicing certificates suspended for having misappropriated clients’ funds and two lawyers have had their suspensions lifted.

Further, the Government has ensured, through the Minister of Justice, that eminent legal practitioners are appointed to the Law Association of Zambia Disciplinary Committee whose task is to deal with erring lawyers. The disciplinary committee has been and continues to be very effective in that it has meted out stiff punishment to lawyers found wanting and this has helped to deter other would-be offenders.

Mr Speaker, I thank you.

Mr D. Mwila: Mr Speaker, may I find out why LAZ has allowed some senior lawyers to continue practising when they are appearing in court for cases of forgery.

Mr Chilembo: Mr Speaker, a question like that would need more information, which is factual. We have a disciplinary procedure committee which sits to look at such matters. I have already explained that appropriate measures are being taken against lawyers who have been found wanting.

I thank you, Sir.

INTERNATIONAL WOMEN’S DAY

306.  Mr Chisala (Chilubi) asked the hon. Minister of Gender and Women in Development:

(a) when the International Women’s Day was first commemorated in Zambia; and

(b) how much money was spent by the Government on the occasion in 2009 and 2010.

The Deputy Minister of Gender and Women in Development (Ms Changwe): Mr Speaker, the International Women’s Day was officially gazetted in 2007 by Cabinet through the Minister for Gender and Women in Development. The event was first commemorated in Zambia on 8th March, 1997. This was after the Women in Development Department was elevated to a division level, currently known as the Gender in Development Division (GIDD) and was placed at Cabinet Office in June, 1996.

Sir, in 2009, an amount of K83,400,000.00 was spent and in 2010, K103,250,000.00 was spent from Government funds while K238,097,800.00 was from co-operating partners. The total money spent for the year 2010 was K341, 347,800.00. The grand total for both 2009 and 2010 was, therefore, K424,747,800.00.

Mr Speaker, I thank you.

Mr Chisala: Mr Speaker, of these amounts, how much was allocated to rural districts?

The Minister of Gender and Women in Development (Ms Sayifwanda): Mr Speaker, I do not have that answer right now. I wish that supplementary question was included in the main question. In any case, we will get those specific details and the hon. Member can come and get that answer from our office.

I thank you, Sir.

Mrs Phiri (Munali): Mr Speaker, I would like to find out if the Government has plans to move away from the trend of marching and, instead, utilise the money that is being used to buy t-shirts and chitenge materials to help vulnerable women and girls who fail to go to school as a result of their failure to pay school fees.

Ms Changwe: Mr Speaker, I am actually disappointed that the hon. Member is ignorant of the fact that the monies…

Interruptions

Mr Speaker: Order! Can the hon. Minister withdraw the word ‘ignorant’.

Ms Changwe: Mr Speaker, the hon. Member does not have accurate information on how these monies are planned for.

Hon. Opposition Members: Withdraw!

Ms Changwe: Mr Speaker, all the organisations from which the women that march come from, are involved in the planning of these activities. This money does not only come from the Government coffers.

Therefore, the activities which the hon. Member mentioned are already planned for. For example, bursaries are given out. It is important to show the achievements of the women in this country as well as their participation in the social and economic affairs of the nation.

Mr Speaker, I withdraw the word ‘ignorant.’

I thank you, Sir.

Mrs Musokotwane (Katombola): Mr Speaker, are there any other activities that the women can do to show each other skills instead of marching and listening to speeches about things which are never implemented afterwards  day in and  day out?

Ms Changwe: Mr Speaker, I am, once again, saddened that the hon. Member does not know that in all these years that the Government has been commemorating the International Women’s Day, it has been involved in the exhibition of the various skills and competences that the women in Zambia have right up to district level.

Sir, this year, there was an exhibition of that nature at the American Dome. I do not know why the hon. Member did not take time to go there …

Hon. Government Members: Hear, hear! Hammer!

Ms Changwe: … to show her skills so that the women in her constituency can learn from her.

Mr Speaker, I thank you.

Interruptions

Mr Speaker: Order!

Mrs Kawandami (Chifubu): Mr Speaker, 8th March is celebrated throughout the world as the International Women’s Day. May I find out why, on that particular day, we have male participants giving speeches on behalf of women?

Ms Phiri: Hear, hear!

Ms Kawandami: I believe that all the activities on this day should be conducted by women throughout.

Ms Sayifwanda: Mr Speaker, may I take this opportunity to thank both the male and female hon. Members of Parliament who joined us on that day to march and participate in several other activities meant to commemorate this very important day. This is the day to recognise the importance and strength of a woman.

Laughter

Ms Sayifwanda: Mr Speaker, gender simply means a man and woman putting their heads together in order to bring about development. For this reason, we cannot do things without the involvement of men because they are our partners.

Hon. Male Members: Hear, hear!

Ms Sayifwanda: We appreciate their involvement.

Sir, I would like to urge the male hon. Members of Parliament who never participated in any activities to commemorate that day, this year, to join the women next year.

I thank you, Sir.

Hon. Male Members: Hear, hear!

Mr Ntundu (Gwembe): Mr Speaker, it is very interesting to hear that answer from the hon. Minister. I would like to find out why the hon. Minister did not extend invitations to all women in Zambia to attend the exhibition at the American Dome, but instead decided to circulate the information regarding the exhibition just within the ministry. Since she mentioned that women from all over the country were invited, why were the women in Gwembe not invited?

Ms Changwe: Mr Speaker, may I take the opportunity to inform this august House and, indeed, the nation that, in fact, this year, we have recorded that over 20,000 women dotted all over the country, including Gwembe, participated in the commemoration of International Women’s Day. The hon. Member is misleading the people by stating that information regarding activities pertaining to the commemoration of this day was not widely circulated.

Ms Cifire: Hammer!

Ms Changwe: Sir, to the contrary, we have sensitised all our women through the various structures of the Government and other co-operating partners, including non-governmental organizations (NGOs) and churches regarding how this day was going to be commemorated.

Ms Cifire: Tell him!

Ms Changwe: Sir, notices were sent to churches through various mediums and, also, at the district level, through the District Commissioner’s Office. All the women were informed regarding how this day was going to be commemorated and if, in Gwembe, the participation was low, the hon. Member should know better the reason behind what happened.

I thank you, Mr Speaker.

Mr Muntanga (Kalomo Central): Mr Speaker, earlier, the hon. Member for Katombola talked about the need for women to be given a platform to display what they do. The hon. Minister has told us that, this year, an exhibition of that nature took place at the American Dome which, I believe, very few women knew about. In places like Kalomo, the only thing that women do on this day is marching. What programme is being implemented by GIDD to ensure that the women do not just march, but also display what they do?

Ms Changwe: Mr Speaker, first and foremost, two weeks before the actual day, 8th March, we, as GIDD, 
do publish in all our print media the programmes that will be undertaken during those two weeks prior to the actual day. Apart from that, we also circulate this information right up to the grassroot level. This year, we even circulated this information through our traditional leaders who shared this information with various women groups at their own local level. The women exhibit what they do a day before 8th March. It is only on the actual day that the marching is done. So, there are so many other activities that women are involved in before 8th March every year.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Chazangwe (Choma Central): Mr Speaker, this is the only wing from which the Government can benefit from the wealth of this country.

Hon. Government Members: Hear, hear!

Mr Chazangwe: Mr Speaker, why can the Government not use this wing to go to our districts and speak to the women so that they can know the importance of International Women’s Day?

Ms Sayifwanda: Mr Speaker, let me thank the hon. Member for that very important observation. Indeed, GIDD is doing a lot of things because it realises that this nation can only develop when there is a hand of a woman in the country’s development process.

Mr Speaker, we were supposed to embark on that programme this year.  It is only that the resources could not allow. God willing and with resources permitting, hon. Ministers and hon. Members of Parliament will definitely go and officiate at such ceremonies in various locations within the country.

I thank you, Sir.

Mr Lumba: Mr Speaker, the hon. Minister said that gender looks at issues to do with both men and women. When is the ministry going to come up with a day of marching for men so that the women can join them as well?

Hon. Opposition Members: Hear, hear!

Ms Sayifwanda: Mr Speaker, development follows many different stages. Of course, we have always been singing that when you educate a girl child or woman, you would have educated the whole nation. When you empower a woman, it is believed that you have empowered the nation. Therefore, by commemorating that day, we also recognise the important role played by the men, youths and the world at large.

I thank you, Sir.

Hon. Government Members: Hear, hear!

SPOUSE KILLING CASES

307. Mr Chisala asked the Vice-President and Minister of Justice how many cases of spouse killing had been recorded by the Human Rights Commission (HRC) from 2008 to date.

The Deputy Minister in the Vice-President’s Office (Mr Munkombwe): Mr Speaker, pursuant to Section 10 of the Human Rights Commission Act No. 39 of 1996, the HRC recorded over 2,065 complaints in the period 2008 to date. Of this figure, less than 2 per cent of the cases raised issues related to domestic violence or spouse battering.

Sir, although the commission has on very exceptional occasions attempted to mediate in complaints involving conflicts between spouses, the usual practice has been to refer such cases to another appropriate authority, particularly, the Zambia Police Victim Support Unit (VSU) or the National Legal Aid Clinic for Women (before it was closed). Such referral, which is done in accordance with Section 13 (1) of the Human Rights Commission Act, usually follows investigations in which it is determined that referral to another authority with mandate to deal with the issues raised is a more appropriate measure.

Sir, it is assumed that where a spouse dies as a result of domestic violence, the police are immediately involved as it is a criminal investigation which will usually result in prosecution of the alleged offender. Normally, the commission will get to know of spouses being killed by their partners from press reports. The commission takes note of such cases for advocacy purposes on the dangers of domestic violence.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Chisala: Mr Speaker, may I know the total number of cases that have been disposed of by the courts of law.

The Minister of Defence and Acting Leader of Government Business in the House (Dr Mwansa): Mr Speaker, as already indicated by the hon. Deputy Minister, cases of homicide that come to the attention of the HRC are normally referred to Zambia Police for investigation and prosecution.

Mr Speaker, the cases of homicide in Zambia are quite prevalent, but those relating to the murder of a spouse are extremely few. In 2009, between January and June of that year, only two murder cases involving a spouse were reported to Zambia Police. On the average, we could safely say that between three to four homicide cases in a year involving a spouse are brought to the attention of the police.

Sir, as to how many cases may have been successfully prosecuted and convicted, that information can be made available to the hon. Member immediately we get it.

I thank you, Sir. {mospagebreak}

DISTRICT HOSPITALS EXPANSION AND REHABILITATION

308. Mr Chisala asked the Minister of Finance and National Planning how much money had been released for the expansion and rehabilitation of district hospitals in 2010.

The Deputy Minister of Finance and National Planning (Ms C. M. Kapwepwe): Mr Speaker, I wish to report that, in 2010, a total amount of K21,645,686,943 was budgeted for the rehabilitation and extension of district hospitals under the respective provincial health offices. By 31st December, 2010, the entire allocation was released.

Mr Speaker, I thank you.

Mr Chisala: Mr Speaker, K21,645,689,943 billion is a lot of money. Therefore, from that sum, may I know the total amount that was allocated to Northern Province?

Ms C. M. Kapwepwe: Mr Speaker, the total allocation for the Northern Province was K2, 811,128,174.

I thank you, Sir.

Mr Lumba: Mr Speaker, I would like to find out from the hon. Minister how many district hospitals benefited from the K21.6 billion.

Ms C. M. Kapwepwe: Mr Speaker, this Government is committed to continuously improve social services to all parts of the country. The details of the district hospitals that benefited are readily available at the Ministry of Health, which has a well-written-out infrastructure operational plan, year by year. These details are available and are at the disposal of all hon. Members who wish to acquaint themselves with them.

Mr Speaker, I thank you.

Hon. MMD Members: Hear, hear!

Mr Chazangwe: Mr Speaker, I would like to thank the hon. Minister of Health for giving us a very beautiful hospital in Choma.

Hon. Government Members: Hear, hear!

Mr Chazangwe: However, I would like to find out if this Government plans to construct any houses for staff, and if so, how many will it build?

Mr Speaker: Order!

I have no need to protect any hon. Minister. However, such a question should go to the hon. Minister of Health rather than the hon. Minister of Finance and National Planning. Maybe, the hon. Member can formulate a question along those lines.

The Hon. Member for Kwacha may proceed.

Mr L. J. Mulenga (Kwacha): Mr Speaker, I would like to find out from the hon. Minister what criterion was used to distribute the K21, 645,689,943 billion to various districts because I note that those on the Copperbelt did not benefit.

Ms C. M. Kapwepwe: Mr Speaker, the question referred to the extension and rehabilitation of district hospitals. The amount allocated was specifically for these works. It is, therefore, obvious that the distribution depended on the need to extend office blocks and improve water reticulation in the hospitals. This amount, therefore, was allocated according to the need for not only putting up new infrastructure, but also improving that which is in existence for better service delivery.  

Mr Speaker, I thank you.

LUAPULA RURAL ELECTRIFICATION PROGRAMME

309. Mr D. Mwila asked the Minister of Energy and Water Development:

(a) how much money had been spent on rural electrification in Luapula Province in  2010;

(b) which projects under the rural electrification programme had been completed in Luapula Province in the period above; and

(c) what criteria had been used in the programme of completing the projects.

The Deputy Minister of Energy and Water Development (Mr Imasiku): Mr Speaker, the total amount of money that the Government spent on the Rural Electrification Programme in the Luapula Province in the period 2009/2010 was K5,187,619,865, broken down as  follows:

(i) K4,116,819,865 on grid extension projects; and

(ii) K1,070,800,000 on solar installations.

Mr Speaker, the rural electrification projects which were completed in the Luapula Province in the 2009/2010 period are as follows:

Grid Extension

(i) supply to Mano Basic School and health centre, Mansa District;
(ii) supply to Lubunda Market, Mwense District; and
(iii) supply to Mukamba Basic School, Kawambwa District.

Installation of Solar Photovoltaic Systems

(i) Mumanse Basic School, Milenge District;
(ii) Mawaya Basic School, Kawambwa District;
(iii) Lukokesha Basic School, Nchelenge District; and 
(iv) Yongololo Basic School, Samfya District.

Mr Speaker, the projects were implemented and completed in accordance with the provisions set out in the respective contracts signed with contractors.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, I would like to find out from the hon. Minister whether the Government is satisfied with the work done so far, especially from Chipili to Mano Basic School.

Mr Imasiku: Mr Speaker, unless there is information stating otherwise, this Government is satisfied. The works were inspected by the Rural Electrification Authority (REA) and persons concerned and if there is any problem, the hon. Member can see us for assistance.

I thank you, Sir.

Mr Lumba: Mr Speaker, following the survey conducted on hydropower in Momboputa in Milenge District, along the Luapula River, I would like to find out whether this Government has neglected this aspect and instead opted to go along with solar installation and grid extension without developing the hydropower at Momboputa?

Mr Imasiku: Mr Speaker, I wish to inform the hon. Member that this Government is very concerned and is proactive about issues such as the one he has raised. 

Mr Speaker, it is not only Momboputa where this survey has been conducted. There are a number of other areas where we expect to tap hydropower for electricity. We have a list of these places, including Momboputa. All that is required is for people to declare interest in this sector. We are concerned and we will move in when the time comes. 

Mr Speaker, I thank you.

Mr Munaile (Malole): Mr Speaker, in his response, the hon. Deputy Minister said that K4.1 billion, if I remember correctly, was spent on electrifying three schools in Luapula Province.

  If that is the case, is the hon. Minister convinced that the Government will electrify all the areas in the Luapula Province through the Rural Electrification Master Plan (REMP) considering the amount spent on the three places?

Hon. Opposition Members: Hear, hear!

Mr Imasiku: Mr Speaker, the hon. Member must be aware that grid extension is very expensive. It actually depends on where the power is being sourced and where it is being taken. That is how come we are seeing these expenses here. However, I wish to inform this House that, come 2030, we, in the Government, are committed to ensuring that 50 per cent of this country is lit. Therefore, the hon. Member should not be worried because we are on course.

I thank you, Mr Speaker.

INDIGENOUS TREES AND BAMBOOS IN MINING

310. Mr Chongo asked the Minister of Tourism, Environment and Natural Resources:

(a) how many tonnes of indigenous trees and bamboos Konkola and Mopani Copper Mines had utilised in their respective mining operations from 2006 to 2009;

(b) who had been the suppliers of indigenous trees and bamboos used by the mining companies at (a) above; and

(c) what measures the Government had taken to compel suppliers and the mining companies above as consumers of these forest products to promote afforestation in affected areas.

The Deputy Minister of Tourism, Environment and Natural Resources (Ms V. Tembo): Mr Speaker, the average number of tonnes of indigenous trees that Konkola Copper Mine utilised from 2006 to 2009 was 507 tonnes per annum while bamboos was 90,000 stems per year. This means that from 2006 to 2009, Konkola Copper Mine used a total of 2,028 tonnes of indigenous trees and 360,000 stems of bamboos.

Sir, similarly, the average number of tonnes of indigenous trees that Mopani Copper Mines utilised from 2006 to 2009 was 405.6 tonnes per annum while bamboos was 72,000 stems per year. This means that from 2006 to 2009, Mopani Copper Mine used a total of 1,622.8 tonnes of indigenous trees and 288,000 stems of bamboos.

Mr Speaker, the major suppliers of indigenous trees and bamboos during the period 2006/2009 were individuals, co-operatives and pitsaw licensees.

Mr Speaker, my ministry has engaged the mining companies in ensuring that only forest produce that is licensed is used in their mining operations. The Government has equally ensured that both Konkola and Mopani mines have environmental units in the respective mining areas, which units are collaborating with my ministry in ensuring sound and productive eco-systems are maintained in their mining areas through planting of trees and carrying out Siliviculture operations that encourage natural regeneration.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mubika: Quality!

Mr Chongo: Mr Speaker, there is an indication that the bamboos species, in particular, will be extinct in many areas, including some areas on the Copperbelt. What measures has the ministry taken in ensuring that these species do not become extinct?

The Minister of Tourism, Environment and Natural Resources (Ms Namugala): Mr Speaker, indeed, that is correct and, as a ministry, we are concerned. Currently, we are carrying out a study to find out where else we can encourage the growing of bamboos apart from the Eastern Province, which, at the moment, has a lot of bamboos than any other part of the country. We are hoping to encourage regeneration even on the Copperbelt.

I thank you, Mr Speaker.

Mr Chanda: Mr Speaker, in the hon. Deputy Minister’s answer, she mentioned that mining companies are planting trees. I would like to find out where these trees have been specifically planted. I come from Mufulira and I know that there are no such programmes.

Ms Namugala: Mr Speaker, the hon. Deputy Minister said that the ministry is encouraging mining companies to contribute to the process of planting trees. In fact, many of the mining companies are working with community-based organisations to plant trees.

I thank you, Sir.

ZAMBIA POSTAL SERVICES CORPORATION

311. Mr Mwango asked the Minister of Communications and Transport:

(a) when the Zambia Postal Services Corporation (ZAMPOST) would improve its swift cash payment services to recipients in rural areas countrywide; and

(b) how many post offices had been constructed in the Northern Province from 2008 to 2010.

The Deputy Minister of Communications and Transport (Mr Mubika): Mr Speaker, the House may wish to know that ZAMPOST is committed to improving service delivery nationwide. It is continuously putting measures in place to improve money transfer. To this effect, the corporation has entered into agreements with banks which are based in the rural areas of Zambia to meet the demand of payments on a daily basis such that all recipients are paid immediately the transfer request is received.

Sir, it should, however, be noted that, if there is no bank where ZAMPOST is located, payments may, sometimes, not be immediate as funds will have to be physically transferred to such locations. In such areas, ZAMPOST is remitting monies at least twice a week based on weekly payment estimates.

Mr Speaker, due to financial constraints, ZAMPOST did not construct any post office in the Northern Province from 2008 to 2010. The House may, however, wish to know that there are ten post offices and six postal agencies in the province.

I thank you, Mr Speaker.

FRA RENTED STORAGE SHEDS

312. Mr Hamusonde (Nangoma) asked the Minister of Agriculture and Co-operatives:

(a) how many storage sheds were being rented by the Food Reserve Agency (FRA) countrywide; and

(b) how much, in the form of rent, the FRA spent per annum on the storage sheds at (a) above.

The Deputy Minister of Agriculture and Co-operatives (Mr Mbewe): Mr Speaker, the FRA has currently rented seventy storage units with a total storage capacity of 200,499 metric tonnes countrywide. However, this is expected to increase as the agency is still moving stocks from outdoor storage into closed sheds in locations where they are available.

Sir, for the rented storage of seventy units, with a total storage capacity of 200,499 metric tonnes, the FRA is expected to spend approximately K8.8 billion.

I thank you Sir.

Mr Hamusonde: Mr Speaker, is the hon. Minister aware that the FRA is renting the warehouse for Kafue Textiles of Zambia (KTZ)? May I also know the fate of the former employees of KTZ?

Mr Mbewe: Mr Speaker, if there is that arrangement between the KTZ and the FRA, that is purely a business arrangement, but our role is to ensure that things are properly done and both sides benefit from the arrangement.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, I would like to find out from the hon. Minister when the ministry will take stock of the maize which is covered by plastic sheets, some of which has been destroyed.

Mr Speaker: The hon. Minister is free to give a bonus answer.

Mr Mbewe: Mr Speaker, the process of inspecting our stocks is on going but, if there are places where the hon. Member has seen maize go to waste, he is free to tell us so that we make a follow up because, at the moment, we are not aware.

I thank you, Sir.

Mrs Mwamba (Lukashya): Mr Speaker, would it not be prudent for FRA to spend those sums of money they are using to rent those warehouses to rehabilitate storage facilities that are lying idle in the countryside?

Mr Mbewe: Mr Speaker, FRA has put aside money which will be used to rehabilitate the storage sheds and construct new ones.

I thank you, Sir.

ZESCO PREPAID METER INSTALLATION

313. Mr Ntundu (Gwembe) asked the Minister of Energy and Water Development:

(a) when Zambia Electricity Supply Corporation (ZESCO) would complete the pre-paid meter installation exercise countrywide;

(b) what the estimated cost of the exercise was;

(c) how much money had been spent on the exercise; and

(d) who the supplier of the pre-paid meters was.

The Deputy Minister of Energy and Water Development (Mr Akakandelwa): Mr Speaker, the installation of pre-paid meters countrywide will be completed by the end of 2011. The total estimated cost to complete the prepayment project is K143 billion, equivalent to US$30.5 million.

Mr Speaker, from 2006 to date, K60 billion, an equivalent of US$12.7 million, has been spent on the pre-payment project. The suppliers of the meters are Circuit Breaker Industries of South Africa, Conlog of South Africa, Actaris of South Africa and Zambia Electrometer in Ndola. Zambia Electrometer have supplied 100,000 single phase pre-paid meters and 15,000 three phase pre-paid meters.

I thank you, Sir.

Mr Ntundu: Mr Speaker, I would like to know why ZESCO has also embarked on installing meters. What is the way forward for ZESCO?

Mr Akakandelwa: Mr Speaker, pre-paid meters mean that a customer will buy units and install in their meters and the meter will indicate the usage during the period.

I thank you, Sir.

CONSTRUCTION OF TOLL GATES

314. Mr Mukanga asked the Minister of Works and Supply when toll gates on the Kitwe/Chingola Road would be constructed.

Mr Mangani: Mr Speaker, the Government is currently negotiating with the preferred bidder for upgrading the Kitwe/Chingola Road into a dual carriageway which will be tolled. However, the Government will only award the concession contract once the tolls …

Business was suspended from 1615 hours until 1630 hours.

[MADAM DEPUTY SPEAKER in the Chair]

Mr Mangani: Madam Speaker, when business was suspended, I was responding to Question 314.

Madam Speaker, the Government is currently negotiating with the preferred bidder for upgrading the Kitwe/Chingola Road to a dual carriageway level which will be tolled. However, the concession contract will only be awarded once the Tolls Act of 1983 is revised and approved by Parliament and the process is underway.

I thank you, Madam.

Mr Mukanga: Madam Speaker, I would like to find out from the hon. Minister whether the Government intends to withdraw fuel levy so that the road users for tolled roads are not taxed twice.

Mr Mangani: Madam Speaker, the Government has no intentions of withdrawing fuel levy because the two have different functions altogether. Fuel levy is used for new projects whereas the other levy, once the Bill is passed, will improve the appearance of the roads.

I thank you, Madam.

Mr D. Mwila: Madam Speaker, welcome back. I would like to find out from the hon. Minister when the Chingola/Kitwe Dual Carriageway will be constructed and the timeframe in which this will be done.

Mr Mangani: Madam Speaker, currently, we are negotiating with a preferred bidder to upgrade the road to a dual carriageway level. Immediately the negotiations are over, we will report to the nation when work will start.

I thank you, Madam Speaker.

______________{mospagebreak}

BILLS

SECOND READING

THE ZAMBIA QUALIFICATIONS AUTHORITY BILL, 2010

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

Madam Speaker, the objects of the Bill are to:

(a) provide for the development and implementation of a national qualifications framework for Zambia;

(b) establish the Zambia Qualifications Authority;

(c) ensure compliance with provisions for registration and accreditation;

(d) ensure that standards and registered qualifications are internationally comparable; and

(e) provide for matters connected therewith.

Madam Speaker, this Bill is as a result of a long consultative process involving various stakeholders using a variety of strategies. The Government has continued to provide a conducive environment that has resulted in an increase in the number of private educational institutions across the country. Unfortunately, tertiary education institutions offer different systems of assessment and award of qualifications which are, in most cases, developed in an ad hoc manner. This has resulted in unclear progression pathways and difficulties in placing foreign qualifications in the national context as well as limited possibilities for progression between vocational and general qualifications.

Madam Speaker, it is against this background that the Government wishes to establish the Zambia Qualifications Authority to ensure that the national framework for learning achievements are created and institutional accountability for learning outcomes is enhanced. Further, the Zambia Qualifications Authority will rationalise the design and development of qualifications and ensure adherence by educational institutions to set regulations and standards.

Madam Speaker, the establishment of the qualifications authority is necessary to ensure that Zambia, as a member of Southern African Development Community (SADC), offers qualifications that are comparable and competitive to those offered in the sub-region as well as internationally.

Madam Speaker, once this Bill is enacted, the authority shall:

(a) develop, implement, oversee and maintain a national qualifications framework for Zambia;

(b) ensure that national quality assurance bodies are in compliance with provisions for registration and accreditation;

(c) ensure that standards and registered qualifications are internationally comparable;

(d) formulate and publish policies and criteria for:

(i) registration of bodies responsible for establishing national standards and qualifications; and

(ii) accreditation of bodies responsible for monitoring and auditing such standards and qualifications;

(e) determine and prescribe national standards for any occupation;

(f) register all qualifications obtained from basic education to tertiary education;

(g) recognise and validate competencies for purposes of certification obtained outside the national education and training system;

(h) recognise and validate competencies for purposes of certification obtained outside the country;

(i) keep a database of learning achievements in Zambia; and

(j) publish an annual list of prescribed standards, qualifications and registered education and training institutions.

Madam Speaker, the establishment of the qualifications authority will demand that education providers are more accountable for the education that they are providing. Further, for institutions to remain marketable both locally and internationally, they will need to provide innovative education and training that promotes life-long learning and recognises the prior knowledge of the learner.

It is for this reason that I am requesting all hon. Members of this august to support the Bill.

Madam Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Mushili (Ndola Central): Madam Speaker, the Committee on Education, Science and Technology, in fulfilling one of its functions of considering Bills referred to it by the House, was, on 22nd February, 2011 tasked to scrutinise the Zambia Qualifications Authority Bill, 2010. Considering that hon. Members have read your Committee’s report on the Bill, I now wish to highlight a few salient issues contained in your Committee’s report.

Madam Speaker, let me indicate, from the outset, that this Bill generated a lot of interest from the public, considering that, for a long time, there has been no legislation to harmonise qualifications.  The liberalisation of the education sector in Zambia has led to a proliferation of educational institutions but without a framework to ensure coherence in the standard of qualifications awarded by similar institutions.

Madam Speaker, as a matter of fact, Zambia has lagged behind in domesticating the Southern Africa Development Community (SADC) Treaty and Protocol on Education and Training, which emanated from the SADC Human Resource Development Ministers’ meeting, held in June, 2001, in Arusha, Tanzania, at which the establishment of a national qualifications authority and the development and implementation of national qualifications frameworks in each SADC member State was approved. The House might wish to know that this protocol has so far been domesticated in four SADC countries, namely South Africa, Namibia, Mauritius and Botswana.  This Bill is, therefore, welcome.

Mr Speaker, having given the background to the Bill, allow me now to turn to the specific provisions contained therein. While all stakeholders who appeared before your Committee commended the Government for introducing such a progressive piece of legislation, they and your Committee are concerned about the following:

(i) the arrangement of objectives does not appear logical, since the Bill proposes to provide for the development and implementation of a national qualifications framework before establishing the Zambia Qualifications Authority itself.  Your Committee, therefore, proposes that the first item on the objectives be; to establish the Zambia Qualifications Authority;

(ii)  on the definition of appropriate authority, many stakeholders were of the view that since the authority shall be a ‘clearing house’ for all qualifications in the country, it was important that institutions that were established by an Act of Parliament to conduct examinations and award qualifications, be included. These are the institutions with the necessary competencies to scrutinise qualifications as well as the institutions that award them. In this regard, institutions such as the Engineering Institute of Zambia (EIZ), Zambia Institute of Chartered Accountants (ZICA), Zambia Institute of Marketing (ZIM) and others should be included; and

(iii) on the arrangement of parts, your Committee observes that there is an apparent swap between parts (ii) and (iii).  The current arrangement presupposes that the authority has already been established in part (ii).  The Bill talks about the national qualifications framework before it talks about the establishment of the Zambia Qualifications Authority.  Your Committee, therefore, proposes a swap so that part (ii) becomes part (iii) and vice-versa.

Mr Speaker, Clause 9 (1) (a) sets out the functions of the authority as to develop, implement, oversee and maintain a national qualifications framework for Zambia.  Stakeholders were of the view that the function of implementing was a micro function, which should be left to appropriate authorities who were on the ground and had the necessary competencies to perform this function.  Your Committee, therefore, proposes an amendment to this sub-clause so, that it reads as follows:

“develop, oversee and maintain a national qualifications framework for Zambia.”

Madam Speaker, one of the functions of the authority, as provided for at 9 (1) (h), is to determine national standards for any occupation. Stakeholders were of the view that this plan was over ambitious and therefore, untenable. They wondered how possible it would be to determine the standards for any occupation in the country. They, therefore, proposed that there should be a definite reference as to which occupations would be brought under the ambit of this law. This of course, would not have to be in the Act, but must be set elsewhere.

Madam Speaker, stakeholders also noted that there were institutions such as the Examinations Council of Zambia (ECZ) which were both in the board of the authority, as well as being appropriate authorities. They observed that this was anomalous, as ECZ could not be answerable to itself. They, therefore, proposed that the ECZ be excluded from the board.

Mr Speaker, further, while technical educational institutions were covered, there was need to include professional institutions such as Zambia Institute of Chartered Accountants (ZICA) who, by their legislation were a regulator as well as a qualifications provider. Stakeholders also felt that considering the role of the Ministry Of Commerce, Trade and Industry in the economy, it should be included on the board.

Madam Speaker, further, whereas stakeholders were not opposed to the appointment of the members of the board by the minister, who they said must have specified qualifications, considering that they would be overseeing qualifications, they were of the view that the Chairperson and the Vice-Chairperson be elected from among the members.  This, they observed, would give some autonomy to the authority.

Madam Speaker, in conclusion, I would like to indicate that, except for the above-mentioned concerns, which it is hoped will be addressed stakeholders and your Committee are in support of the Bill.

Madam Speaker, last, but not the least, may I take this opportunity to thank you for entrusting this committee with the responsibility of scrutinising this important Bill.  I would also like to thank all stakeholders who appeared before your Committee and made very valuable contributions. 

Madam Speaker, further, may I thank the Clerk of the National Assembly and her staff for the services rendered to your Committee during its deliberations.

Mr Speaker, I thank you.

Mr Hamududu (Bweengwa): Madam Speaker, I thank you for giving me this opportunity to debate on this Bill. From the onset, I want to say that I support this Bill though belated, but it is very progressive and it has come at a time when we need it. This is because a lot of things have gone unchecked. I am very happy that we have made this progress though late, but they say it is better late than never.

Madam Speaker, let me go into details. Since the liberalisation of education provision in this country, a lot of things have gone unchecked. That is why I welcome this Bill because it addresses some of those grey areas. A lot of green providers have come on board and I think we have do not evaluate them because we do not have an evaluation mechanism which can help us to determine the value of the qualifications being provided. It is not a just a question of having a degree. There are some qualities that make a degree acceptable. It is not just a question of  flying around with a degree.

Hon. Members: Hear, hear!

Mr Hamududu: Madam Speaker, it involves the number of years that are put into attaining it, the personnel that were involved, the infrastructure and all the other attendant requisites. So, with the coming of this Bill and evaluation of qualifications, some of these degrees will be redundant.

Madam Speaker, there are a lot of degrees that have come on the market such that our children are spending money on worthless papers. Some of these institutions offering degrees actually are supposed to be offering certificates and diplomas. You will find that just in one house people are offering a degree. Is a degree so cheap? That is not empowering people because that degree will not be recognised anywhere. Therefore, this Bill will help us check the qualifications of people. With the national qualification framework in place, we will now begin to evaluate qualifications. I think it is important that the Government, as the main employer, and many other private sectors, begin to demand for the evaluation of qualifications.

Madam Speaker, in many countries where this system has been applied they will say, for example, if you were trained at Nkrumah Teachers’ Training College for two years or you were trained at Charles Lwanga Teachers’ Training College for two years, your qualifications, in terms of value, are the same, though one is called a diploma and the other one is called a certificate. In terms of value, it is the same because it is Grade 12 education plus two years. Since you were all going to the classroom for two years or so, why should one’s qualifications become more valuable than the other? When people go to other countries like South Africa, you will find a person who was trained at Nkrumah Teachers’ Training College for two years and has a diploma and the one who was trained at Charles Lwanga Teacher’s Training College for two years with a certificate are looked at in the same way because it is Grade 12 education plus a two-year period of training. Therefore, the time that is put behind these qualifications must also matter, …

Hon. Members: Yes.

Mr Hamududu: … so that we do not litter these qualifications around. This is because our children suffer when they go out and their qualifications are put on the evaluation scale which renders them valueless.

Madam Speaker, one time, my former boss was doing a Masters in Business Administration (MBA) in Hong Kong and he got a degree within - I do not know whether it was three months. He wanted to hang the degree in the office, but I told him not hang it because this degree was offered by one man in one room in Hong Kong. It was not from a university. He was doing it on the internet. So, we must be very careful with some of these degrees because they are not structured the way a normal degree is supposed to be organised.

Laughter

Mr Hamududu: Madam Speaker, I think we need to clean the qualification’s being offered in this country so that we can start on a new slate. It is not possible for you to get a degree in one year. That is a fake degree.

Ms Cifire: Hammer!

Mr Hamududu: There must be years put into acquiring a degree. You must be milled to get that degree. The minimum years, actually it takes generally, in the SADC Region is three years. In South Africa, to get a common degree takes you three years, …

Mr Shawa: Yes!

Mr Hamududu: … while it will take you four years to get an honours degree. So, these issues must now be considered before you simply say you have a degree. The degree must be put on the evaluation scale so that you can be told that it is not just a degree by name because it is just Grade 12 education plus one year.

Ms Cifire: Hear, hear!

Mr Hamududu: In other words, sometimes, even with a degree, you may just be as good as a person who went to a simple college somewhere. So, I think this Bill is very important because it will also help us to save money for our children who may be hoodwinked to think that they are getting genuine degrees which will help them to find jobs. They will never get the jobs which they hope to get.

Ms Cifire: Hear, hear!

Mr Hamududu: Madam Speaker, some institutions like the Bank of Zambia will not employ a person who got a degree from an institution which is not recognised and yet money was spent money for that person to acquire a degree in economics. I think our children must be careful now because it is not just a question of getting a degree. The years and efforts put into acquiring it matter.

Ms Cifire: Hammer, ba Sa!

Mr Hamududu: The qualifications of the lecturers who were teaching you and the facilities used also matter. Some of these so-called universities and colleges do not even have libraries. I think that the hon. Minister of Education needs to visit some of these institutions once this progressive piece of legislation is in place. We are not planning to close them down, but are simply insisting that they offer qualifications which they are best suited for. If they offer certificates, they must continue doing so until they reach the standard of giving a degree. Otherwise, everyone will have a university in their house. You will find in one house there is a bedroom and then the sitting room is a university …

Laughter

Mr Hamududu: … which offers degree courses. All these degrees are tantamount to Matero produced degrees.

Hon. Members: Matero!

Mr Hamududu: Yes, such degrees are produced by Matero University because it is not possible to have a degree in one or two years.

Ms Cifire: Hear, hear!

Mr Hamududu: Madam Speaker, as an hon. Member of Parliament sponsored by the United Party for National Development (UPND), I believe in proper qualifications so that people are in the right places. Given the opportunity to be in government as we seek power this year, we shall continue to use the provisions in this Bill as the UPND. We support this Bill because we want to protect the qualities of our children.

Interruptions

Mr Hamududu: As UPND, yes.

Madam Speaker, there are also a number of qualifications from other countries where many colleges are offering qualifications such as for instance, from United Kingdom (UK) and America. However, it is not just a question of a qualification coming from the UK because some of those colleges are being run in very small rooms like the kitchen. Therefore, these people who are cheating our children that they are offering qualifications from the UK should also be evaluated. Our children should be told the true worth of those qualifications so that only the right qualifications are offered in this country.

There is no need to have so many people with degrees and diploma certificates which are valueless. People should not use their meager resources to buy these worthless qualifications. It is better for those people to save their money and buy cattle and goats which will enable them to go into farming or to run other small and medium enterprises. This Bill will also make it possible for our children to pay fees which are commensurate to the value of the qualifications which they are pursuing.

The other point is that the enactment of this Bill will make a number of institutions to reorganise themselves so that they not use education just for the purposes of making money. Most of these education providers, universities and colleges, mostly the private ones, are just in the education sector for the purpose of making money. We cannot play around with the future of our children because this is a very sensitive area. The education of our children should only be left to serious providers. It is very important for the ministry to know how much money the education providers are making. To make my point clearer, let me give an example. A certain university may advertise for some degree courses and so on and the requirement is that you need to pay K50,000 for an application form for a place, and for lodging, the application form is K200,000. If you multiply these figures by 1,000 people, you will find that the owner of the institution will buy a new car even before he starts offering any form of education. Even when people apply and you do not accept anybody, you will still buy your car and close your college.

Laughter

Mr Hamududu: Yes, you can close your college because you would have already made K 1 billion.

Madam Speaker, we must be very careful because education should not be an area in which people should enter just to make money. The colleges should prepare our children for the future. We want to have a critical mass of truly qualified people. I think this country needs more technicians who are highly qualified. Why over qualify yourself by saying you are a degree holder when you do not qualify to have one? For instance, if there is a job for a simple receptionist, you cannot get the job because you claim to have a degree and yet your degree is a certificate. If that degree was actually referred to by what it truly is, which is a certificate, you could get that job. Therefore, some people are putting themselves out of the market because they have heavy qualifications which are exaggerated.

Madam Speaker, a two-year training programme which offers you a certificate is good. A very serious employer, if he knows how many years you have put in a training programme, will give you a good job even if it you do not have a degree. I think our children because of unemployment in Zambia and the region in general, think that getting degrees is what will solve their unemployed status when it will not do so. To be qualified is not just to have a degree, it involves the competence you have in your field. That is what employers look for. Therefore, let us have more technical colleges offering certificates and diplomas.

Madam Speaker, you may wish to know that some people are doing degrees on behalf of other people because of the institutions which are offering these degree programmes do not have mechanisms of detecting this type of fraud. When you examine this same person with a degree, you will find that he cannot even debate in that area of competence because someone wrote that degree for him or her. There are many people who have acquired degrees written for them by other people.

Madam Speaker, it is really disappointing when you go outside the country to find that some people with degrees fail to perform. I keep wondering how some people who are not even able to talk about issues in an articulate manner have been able to get degrees. Such people do not even have mannerisms befitting a graduate. If you really stayed in school for a long time, education must sober you up.

Hon. Government Members: Hear, hear!

Mr Hamududu: You will find that when such a person goes out of the country for some work or activity, they make this country become a laughing stock.

Hon. Government Members: Hear, hear!

Mr Hamududu: I respect genuine qualifications and, as a country, all of us across political parties must support them. There is work for everybody with genuine qualifications.  You can be a billionaire even without qualifications as long as you are good at your trade. However, as regards degrees and certificates, let them be qualifications which will put people in the right places. Otherwise, we will have a lot of officers who are highly compromised. This country’s development will eventually be affected negatively because we will have wrong people in key positions. I think it is high time we put a premium on qualifications.

My mother was a grade 2 in terms of her education, but was competent in her field. She was better than me in her field, but still could not do my job because it required a degree. We shall not be practising discrimination by putting people where they belong. We should put people in the right places for this country to move forward. We, the Opposition, want the country to move forward since it has meandered for a long time with a lot of compromises.

Madam Speaker, as I conclude, let me state that this area, regarding qualifications, is so sensitive and important such that it requires us to deliberate seriously on issues regarding it. Let all the institutions offering these qualifications be monitored so that some of them are relegated to the level where they belong. I have seen many learning institutions which have abused the name ‘university’. Some of these universities are supposed to be colleges. Thus, they have to be relegated to that level. There are particular parameters which must be adhered to. These include the qualifications of the lectures, the premises, libraries and so on and so forth. Most of the people who are operating private universities might not qualify to do so if we are to follow the criteria which I have just outlined. Therefore, let them work their way up. We are not saying that these institutions cannot be universities. These institutions should only be pronounced universities when they meet all the requirements that are needed by a university.

Madam Speaker, I would like to encourage the hon. Minister of Education to be very hard on this issue so that we help our children. Education is key to the future of our children. Our children are being robbed by them spending a lot of money for nothing instead of them going to simple technical colleges and so on and so forth. We do not want half baked degrees which will spoil our education market and dent the image of this country.

Madam Speaker, having been in one or two foreign countries, I have been embarrassed to see Zambians who have masters degrees fail to talk in an articulate manner on issues in their field.

Ms Cifire: Ulula!

Mr Hamududu: Therefore, all the degrees on the market must be recalled and be evaluated so that if I am applying for something and the requirement is a degree, the degree must have what we call a certificate of evaluation. Speaking for myself, I have a degree which can properly be evaluated. All degrees must only be taken seriously after being properly evaluated.

For instance, qualifications like the Chattered Institute of Management Accountants (CIMA) and Association of Chattered Certified Accountants ( ACCA) qualifications are at the level of a degree because the four years which you spend in studying them is equal to going through university. You can clearly see that what goes in some of these courses is even more than what goes in certain degree programmes. If someone has a CIMA or ACCA qualification, he is basically at the level of a degree holder. He has grade 12 education plus four years of further training. Thus, it is not about the name of the training, but components which matter. Please let us help our children.

Madam, the Government must continue to inspect and re-evaluate the public institutions. Over the years, the standards at both public and private universities have been compromised.

Madam, even the lecturers who teach at these universities must be evaluated. Some of them studied in countries where they got qualifications that might not meet the criteria to lecture in our universities. All they did to get these jobs was to submit a master’s degree, but there was no evaluation done. If they were evaluated, some of the lecturers would be relegated to what they are supposed to be so that we do not see people teaching students who they are at the same level with. This is because you may find someone teaching students at a university when the students are more qualified than him/her.

Madam, my daughter, who is in Grade 8, is a genius and she skipped one grade because she was doing very well.
 
Laughter{mospagebreak}

Mr Hamududu: By the way, she was the best pupil at Lwengu Secondary School with 840 marks. In fact, my girl child was one of the best pupils in the country.

Hon. Member: Who is this?

Mr Hamududu: My daughter, Helen.

Laughter

Mr Hamududu: Because of the seven years, ...

Hon. Member: You only have daughters?

Mr Hamududu: Yes, I only have daughters, like great leaders. Because of the seven years put into her studies, my child operates the computer for me, prints and types and does many other things. So, the years put into one’s studies really matter.

So, Madam, without really wasting much of your time, I want to say that I wholeheartedly support this Bill brought by the hon. Minister of Education. How I wish that when we form government and I go into this ministry, as either a Minister or Deputy, ...

Hon. Government Members: When?

Mr Hamududu: Just a few months from now.

… we will continue on this path. We want to assure Zambians of quality education by ensuring that this Bill is implemented to the letter so that we can cleanse this education system and Zambia can be what it used to be. Zambia was respected many years ago for having good standards of qualifications. We will, therefore, cleanse it and regain its image.

With these few remarks, I support the Bill.

Thank you, Madam.

Ms Siliya: Madam Speaker, I wish to thank the House for the overwhelming support for the Zambia Qualifications Authority Bill. I take note of some of the issues raised in the committee’s report.

I thank you, Madam.

Hon. Government 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 Tuesday, 15th March, 2011.

THE MANAGEMENT SERVICES BOARD (Repeal) BILL, 2011

The Minister of Defence and Acting Leader of Government Business in the House (Dr Mwansa): Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, the Management Services Board (Repeal) Bill, 2011 seeks to repeal the Management Services Board Act, Cap. 264 of the Laws of Zambia as well as provide for related matters.

 The Management Services Board Act was passed in the Second Republic when the Government ran parastatals in the major sectors of the economy. The functions of the board established under the Management Services Board Act was to foster sound management and organisational development in the parastatal and other sectors of the economy through training and capacity building. With the economic reforms of the Third Republic that resulted in the privatisation of many State owned companies and parastatals and the establishment of numerous educational institutions, that offer the training once offered by the Management Services Board, the continued existence of the Management Services Board is no longer necessary. This is because the role of the board ceased to be relevant with privatisation and the Government’s policy, not to participate in the economy, but to give general policy direction instead.

Madam, the Bill further seeks to provide for certain legal requirements which are necessary for winding up the affairs of the board. For instance, all property, rights and obligations of the board, are to be transferred to the Government after the board’s dissolution.

Madam Speaker, the Government has an interest in the welfare of the employees of the board and has accordingly made adequate provision for the transfer of the staff of the board to the Government for redeployment or retirement. In addition, where a person is redeployed, that person shall not be subject to a salary that is less favourable than the salary that the person was getting under the board. All employees to be retired shall be paid the retirement benefits, which they would have been paid, if they had voluntarily retired in accordance with the terms and conditions of the board.

Madam, the Government is also mindful of the need to preserve accrued rights of persons and the Bill has a provision that where there are pending legal proceedings relating to the board, these shall be continued by or against the Government. This Bill is non-controversial. It is progressive. I, therefore, urge hon. Members to support it.

Madam Speaker, I beg to move.

Hon. Government Members: Hear, hear!

Mr C. K. B. Banda, SC. (Chasefu): Madam Speaker, the Management Services Board (Repeal) Bill, 2011 was referred to your Committee on 25th February, 2011.

The object of the Bill is to repeal the Management Services Board Act, Cap. 264 of the Laws of Zambia. The repeal of this Act has been necessitated by the fact that the Management Services Board, which was created pursuant to the Management Services Act, has essentially ceased to carry out its functions as stipulated in the said Act.

Madam Speaker, your Committee heard from stakeholders who appeared before it that the Management Services Board was established to provide technical assistance, training and consultancy services to parastatal companies and other public sectors of the economy in the field of management systems and organisational development. However, the board’s operations were adversely affected following the privatisation of a number of parastatal companies post 1991, which formed the bulk of the board’s clients and source of income. Further, a number of private consultancy firms emerged on the market in response to the liberalisation of our economy, thereby creating stiff competition for the board, which had hitherto enjoyed a monopoly. This, coupled with an accumulated huge debt, which has been difficult to repay, rendered the board a mere shell.

Madam, despite the aforesaid, your Committee was informed that all debts or liabilities which the board had accrued have since been settled in full. This means that the board has fully discharged all its indebtedness and financial obligations to all institutions and individuals it might have been indebted to. In light of this, what remains is to put in place legal formalities for winding up of the board.

Madam Speaker, it is common knowledge that if a business entity is no longer viable, the law allows for such an entity to be dissolved. In this case, the Management Services Board is no longer viable and if it is allowed to continue existing, it will continue to accrue huge debts that will be a liability to the State and may prove difficult to repay overtime.

Madam, your Committee, therefore, supports this repeal Bill because its provisions adequately provide for the winding up of the affairs of the board. It is in this vein that your Committee also urges members of this honourable House to render their support to the Bill.

In conclusion, I would like to thank you, Madam Speaker, for allowing your Committee to scrutinise the Management Services Board (Repeal) Bill, 2011. Your Committee also wishes to extend its gratitude to all stakeholders that gave an input in the study of the Bill.

Lastly, your Committee is indebted to the Clerk of the National Assembly and her staff for their dedication to duty throughout its deliberations.

Madam Speaker, I thank you.

Dr Mwansa: Madam Speaker, we are humbled by the overwhelming support and accordingly thank the House.

I thank you, Madam.

Hon. Members: Hear, hear!

Madam Deputy Speaker: Order!

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

Committed to a committee of the Whole House.

Committee on Friday, 11th March, 2011.

THE ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION (Amendment) BILL, 2011

Dr Mwansa: Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, the Zambia Institute of Advanced Legal Education (Amendment) Bill, 2011 seeks to amend the Zambia Institute of Advanced Legal Education Act, Cap. 49 of the Laws of Zambia so as to empower the council of the institute to appoint the members of the Accreditation Committee and to revise the quorum of the council.

Madam, the council of the Zambia Institute of Advanced Legal Education (ZIALE) is mandated by the Zambia Institute of Advanced Legal Education Act to provide national, regional and international post graduate legal studies and training in legislative drafting. The Act also provides for the composition of the council of ZIALE. However, there is a lacuna with respect to the appointment of the members of the council.

The Bill proposes to empower the hon. Minister to appoint the members of the council and this is in line with the Government’s policy with regard to such appointments. The Director of ZIALE appointed by the council is empowered to exercise such powers and perform such duties as the council may delegate to the director. In practice, this entails administering the Zambia Institute of Advanced Legal Education Act and responsibility for the exercise of the institute’s functions provided for under the Act.

However, not withstanding the vital functions of the director, the director of the institute is not a member of the council at whose meetings decisions that affect the institute and exercised by the director of powers and functions under the Zambia Institute of Advanced Legal Education Act are made.

This Bill proposes that the director becomes an ex-officio member of the council. Further, for the purpose of transacting its business, the quorum of the council stands at five members. However, in the proposal to include the director as a member of the council is enacted, the council will comprise fourteen members. Consequently, a quorum of five members will not be sufficient for the purposes of legitimately transacting the business of the council and making binding decisions. The Bill, therefore, seeks to increase the quorum of the council from five to seven in line with the proposed increase in the members of the council.

Madam Speaker, Section 10 of the Act establishes the Accreditation Committee of the council and stipulates the membership of the committee. The Accreditation Committee, among other things, approves law schools and other institutions within and outside Zambia as schools whose training in law is acceptable training for purposes of admission to ZIALE. However, the Act does not set out the authority and the power to appoint the members of the Accreditation Committee. Consequently, the Bill proposes the empowerment of the council to appoint members of the Accreditation Committee.

Madam Speaker, this Bill is not controversial. It is progressive and timely and I, therefore, urge hon. Members of this august house to support it.

Madam Speaker, I beg to move.

Hon. Government Members: Hear, hear!

Mr C. K. B. Banda, SC.: Madam Speaker, I thank you for according me the opportunity to brief this august House on the Zambia Institute of Advanced Legal Education (Amendment) Bill, 2011 which was referred to your Committee on the 25th February, 2011, for scrutiny.

Madam in order to consider the Bill in detail, your Committee invited various stake holders who appeared as witnesses before it. Your Committee is happy to report that all the witnesses who appeared before it gave overwhelming support to the Bill as it was non-contentious.

Madam, the House may recall that, in 2009, the Zambia Institute of Advanced Legal Education Act, 1996, was amended. The effect of this amendment was, among others, to establish the ZIALE Accreditation Committee and to increase the number of members of the ZIALE Council from eleven to fifteen. That notwithstanding, the amendments of 2009 made the following omissions:

 (i) the amendments did not provide for appointment of members of the    Accreditation Committee;

 (ii) the amendments did not alter the quorum of the council to take into    account the increase in numbers; and

(iii) the amendments inadvertently removed the ZIALE director as ex-officio member of the council.

Madam Speaker, it is in light of these omissions that the Zambia Institute of Advanced Legal Education (Amendment) Bill, 2011 is being considered. In short, the Bill seeks to make provision for the said omissions consequent to the 2009 amendments.

Madam Speaker, may I, therefore, urge the august House to support the Bill so that the principle Act is made neater and more compatible to the requirements of ZIALE.

Madam Speaker, in conclusion, your Committee wishes to express its gratitude to the witnesses who made submissions before it as well as to the Clerk of the National Assembly and her staff for their dedication to duty during the consideration of the Bill.

Madam Speaker, let me end by stating that your Committee is grateful to you for granting it the opportunity to study the Bill.

Madam Speaker, I thank you.

Dr Mwansa: Madam Speaker, I thank the House for the overwhelming support.

Madam Speaker, I thank you.
 
Question put and agreed to and the Bill read a second time.

Committed to a committee of the Whole House.

Committee on Friday, 11th March, 2011.

THIRD READING

The following Bills were read the third time and passed:

The Water Resources Management Bill, 2010

The Environmental Management Bill, 2010

__________

MOTION

ADJOURNMENT

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

Question put and agreed to.

__________

The House adjourned at 1727 hours until 0900 hours on Friday, 11th March, 2011.