Debates- Friday, 4th March, 2011

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DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Friday, 4th March, 2011

The House met at 0900 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

_______

ANNOUNCEMENT BY MR SPEAKER

COMMEMORATION OF INTERNATIONAL WOMEN’S DAY

Mr Speaker: Hon. Members, the National Assembly will join the rest of the nation and the world in commemorating the International Women’s Day, which falls on Tuesday, 8th March, 2011. 

For this year, the International Women’s Day will be commemorated under the theme “Equal Access to Education, Training and Science and Technology: Pathway to Decent Work for Women.”

In line with this theme, the National Assembly will undertake an outreach activity to the community on Monday, 7th March, 2011, by visiting the Mitengo Women Multi-Purpose Co-operative Society in Chongwe which, among other agricultural activities, rears chickens.

The National Assembly will be represented at this event by ten selected hon. Members of Parliament from the following Committees:

(i) Committee on Health, Community Development and Social Welfare;

(ii) Committee on Agriculture and Lands;

(iii) Committee on legal Affairs, Governance, human Rights and Gender Matters; and

(iv) The Zambia Women Parliamentary Caucus.

A donation of identified inputs and food supplements for the chickens will be made to the women’s co-operative society. Hon. Members of Parliament will also share information with the women on how to improve and increase the growth rate of chickens.

The chosen activity is also in line with the themes for the African Union Africa Women’s Decade to run from 2010 to 2020, which will include the fight against poverty, promotion of economic empowerment of women, business and agriculture and food security.

Furthermore, on Tuesday, 8th March, 2011, some selected hon. Members of Parliament and staff will take part in the march-past and other activities which will be held in the showgrounds as part of the commemoration of the International Women’s Day.

Hon. Members may wish to note that 8th March is now a public holiday in Zambia. Therefore, hon. Members are free to join in these activities on a voluntary basis.

I thank you.

Hon. Members: Hear, hear!
______

BUSINESS OF THE HOUSE

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

On Wednesday, 9th March, 2011, the business of the House will begin with questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider Private Members’ Motions, if there will be any. The House will then consider the Committee stage of the Urban and Regional Planners Bill, 2010.

Sir, on Thursday, 10th March, 2011, the business of the House will begin with questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider the Second Reading Stage of the following Bills:

(i) Zambia Qualifications Authority Bill, 2010;

(ii) the Management Services Board (Repeal) Bill, 2011; and

(iii) the Zambia Institute of Advanced Legal Education (Amendment) Bill, 2011.

Mr Speaker, on Friday, 11th March, 2011, the business of the House will commence with His Honour the Vice-President’s Question Time. This will be followed by questions, if there will be any. Thereafter, the House will deal with presentation of Government Bills, if there will be any. The House will then consider the Second Reading stage of the following Bills:

(i) the Public Procurement (Amendment) Bill, 2011;

(ii) the English Law Extent of Application (Amendment) Bill, 2011;

(iii) the High Court (Amendment) Bill, 2011; and

(iv) the Supreme Court (Amendment) Bill, 2011.

The House will, thereafter, consider any other business that may be outstanding.

Mr Speaker, I thank you.

______

HIS HONOUR THE VICE-PRESIDENT’S QUESTION TIME

Mrs Musokotwane (Katombola): Mr Speaker, I would like to find out from the Vice-President when the School Feeding Programme will be rolled out throughout the country as it is currently in existence in the Eastern Province.

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, these things depend on availability of resources. We are undertaking this programme in some schools. Ideally, if we could cover all the schools, it would be better for us. However, this would depend on the availability of resources.

I thank you, Sir.

Ms Kapata (Mandevu): Mr Speaker, once fuel prices go up, prices of goods and services also escalate. Has this Government any intention to change the current fuel agents in the hope that, maybe, the new ones could source fuel at a cheaper price? The people of Mandevu, on whose behalf I speak, are suffering as they cannot afford the escalating prices of goods on the market.

The Vice-President and Minister of Justice: Mr Speaker, we are a prudent Government which tries to get petroleum products from the cheapest sources. At the moment, we do not produce oil in Zambia, but believe that it exists and can be discovered. Therefore, we are exploring for it. 

It is not a question of an agency, but that of the source of the oil. We know how much oil costs on the international market and that is what determines the prices.

I thank you, Mr Speaker.

Mr Matongo (Pemba): Mr Speaker, could the Vice-President inform this House what action the Government is taking in respect of the seven Zambians, two of whom are female and five men, who have been detained in the Islamic Republic of Iran because they belong to the Bahai Faith and are facing danger? It is a matter of international concern.

The Vice-President and Minister of Justice: Mr Speaker, I think I need to get more details on that incidence. Indeed, as a Zambian Government, we always look into the welfare of Zambians abroad, not only in Iran, if there any Zambians there who are in jeopardy, but also in many other countries abroad. It is our responsibility to ensure that our citizens are safe. Where there is a need to make interventions, we do that. Therefore, if there is such a matter, we will pursue it through diplomatic channels.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, on Wednesday afternoon, this Government apprised this House and the nation at large on the scuffle that took place in Mazabuka and the hon. Minister of Home Affairs regretted the death of two people. Will His Honour the Vice-President indicate to this House whether the apologies that were made by the hon. Minister were actually encouraging the police to open fire using live ammunition, against the people of Mazabuka to an extent that, now, two more lives have been lost? Can he, please, indicate whether that apology was actually a call on the police to kill the Zambian people?

The Vice-President and Minister of Justice: Mr Speaker, the deaths and usage of live ammunition is regretted. Police officers must observe human rights and employ methods of crowd control which are acceptable. We do not encourage criminal conduct amongst our police officers and that is why the hon. Minister apologised. This matter is under investigations so that we can determine what really happened in Mazabuka. Of course, we have indicated, in no uncertain terms, that those who will be found wanting as regards committing crime, will be punished. The laws of this country are there to punish crime of that nature. Therefore, we are doing everything possible to ensure that the lives of our people are safeguarded.

However, Sir, let me take advantage of this question and appeal to the people of Mazabuka, especially those who wish to engage in criminal activities such as rioting, to desist from such activities. Zambia is a peaceful nation and Mazabuka has also been a peaceful town. However, as we have earlier said, that incident is deeply regretted.

I thank you, Mr Speaker.

Mr Hachipuka (Mbabala): Mr Speaker, since this country was declared a Christian nation, has there been a chapel built at State House or, indeed, at the Supreme Court as I do not see one here, at Parliament. May His Honour the Vice-President shed some light on that so that we reflect that constitutional provision?

Laughter

The Vice-President and Minister of Justice: Mr Speaker, Zambia is, indeed, a Christian nation and it will remain so. This declaration means that, as Christians, for example, we in the Government start our Cabinet meetings with a prayer. The Hon. Mr Speaker also starts the proceedings of the House with a prayer just as it is done all over Zambia. These are some of our values in Zambia. There may not be chapels, but we have churches throughout Zambia and more are being constructed. So, we can go to those churches to pray and worship the Lord.

I thank you, Sir.

Mr Msichili (Kabushi): Mr Speaker, the Government has directed the Food Reserve Agency (FRA) to reduce the price of maize from US$200 to US$160 in order to reduce the price of mealie-meal. This is a welcome move. However, I would like to find out at what price this maize was bought. Furthermore, are we saying that the Government has reintroduced the subsidy without announcing it?

The Vice-President and Minister of Justice: Mr Speaker, by reducing the cost in that manner, of course, we, as a Government, are bearing some of the cost of that maize. Whichever way you want to look at it, you can even use that terminology of ‘subsidy’, the fact is that we have to cushion our people from high prices. In fact, we have been crying for this intervention in this year of the bumper harvest. Whenever we have a bumper harvest people want the prices of mealie-meal to come down. Therefore, we are just responding to the people’s needs because we are a listening Government.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mrs Masebo (Chongwe): Mr Speaker, whilst reducing the price maize of is appreciated, I would like to find out from His Honour the Vice-President whether the Government will cushion farmers that are selling their maize by ensuring that they get the right price for it.

The Vice-President and Minister of Justice: Mr Speaker, there is a floor price of maize. If you are buying through the FRA, it is K65, 000 per bag. That is the current position and we have not changed that. However, what we have done is to reduce the price of the maize which was available for sale to millers so that we can reduce on the price of mealie-meal.

I thank you, Sir.

Mr Chanda (Kankoyo): Mr Speaker, I vividly remember that the President issued an order that no live …

Interruptions

Mr Speaker: Order!

I cannot follow what the hon. Member is saying if you are going to shout loudly like that while seated.

May the Hon. Member for Kankoyo continue, please.

Mr Chanda: Sir, I was saying that the President issued an order to the police that they should not use live ammunition in quelling riots. Now, does it mean that the police command cannot take the President’s order to stop using live ammunition as the case is in Mazabuka?

The Vice-President and Minister of Justice: Mr Speaker, this is the reason I said that this matter is under investigations to determine what really happened in that particular situation. There is a clear order that, in crowd control, the police should not use live ammunition. Therefore, let us wait for the conclusion of those investigations. Currently, we are investigating this matter to determine what really happened so that such incidents do not reoccur.

I thank you, Mr Speaker.

Mr W. Banda (Milanzi): Mr Speaker, Zambia has received a credit rating of ‘B plus’. May I find out from the Vice-President what this means for Zambia?

Interruptions

The Vice-President and Minister of Justice: Mr Speaker, these are the types of questions you should ask. Not …

Laughter

The Vice-President and Minister of Justice: Mr Speaker, the credit rating B+ is one which suggests that we are running the economy in conformity with international standards.

Hon. Members: Hear, hear!{mospagebreak}

The Vice-President and Minister of Justice: This kind of rating is equivalent to what strong economies such as Ghana, Kenya and Angola have been rated by international institutions. What this means is that Zambia can borrow money from the international markets. We can float bonds and raise money, especially for infrastructure development and roads.

Mr Speaker, sometime back, I remember that the Ghanaian Government floated a bond of US$750 million and it was oversubscribed because people had confidence in that economy. It is the same for Zambia; people have confidence in the way we are running the economy and how the Government is fighting corruption and observing good governance.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: Therefore, people know that if they invest in Zambia or lend money to the Government of the Republic of Zambia or to institutions in Zambia, the chances of that money being paid back is very high. Therefore, with that rating, for the first time, we shall continue to attract investment and capital into the country because people will know that their investment is safe, especially with the Movement for Multi-Party Democracy (MMD) Government in place.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: Mr Speaker, this is a positive aspect and there are also other good ratings which we have had in recognition of our high performance, including ratings from the World Bank and the International Monetary Fund (IMF). We have a very good regime in Zambia and I must say that the future is bright, especially with this Government in power in the next 100 years or so to come.

I thank you, Sir.

Interruptions

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, whilst thanking the Government for having electrified the Lundazi and Lumezi constituencies, I would like to find out when this Government will be gracious enough to supply electricity to Chasefu Constituency. This is because it is the only one that is not electrified. Can I get an assurance from the Government that this oversight will be attended to this time around?

The Vice-President and Minister of Justice: Mr Speaker, we have a robust programme of electrifying the rural areas. The hon. Member has acknowledged what we have done in other parts of the Eastern Province and, very soon, we will electrify Chasefu.

Mr Speaker, it is not only Chasefu which we intend to electrify, but many parts of Zambia. Work is on-going and we know that there is a deficit in terms of provision of electricity and that is the reason we have embarked on the construction of power stations. We are extending the Kariba North Bank Power Station at US$120 million, the Kafue Lower Project at US$1.5 billion and the money is already available. We have the Itezhi-tezhi Power Project and the thermo project at Maamba, that I visited. With the economic activities which are expanding in Zambia, together with the growing economy, we should electrify the rural areas and produce more power so that it benefits our people.

I thank you, Sir.

Mr Zulu (Bwana Mkubwa): Mr Speaker, I would like to find out whether it is true that the Zambia Police Force has now been infiltrated by the Opposition to make the MMD unpopular and that is why we have all these happenings in Mazabuka.

Interruptions

Mr Speaker: Order!

The Vice President and Minister of Justice: Mr Speaker that is a very good lead to what we should be investigating. All lines of inquiry will be followed up to ensure that we get to the bottom of what is happening. Indeed, some mischievous people who are not law-abiding may be from the Opposition and want to disturb the peace and tranquillity in the country, but they will be dealt with appropriately. Indeed, if the hon. Member has more information on that matter which sounds credible, he can avail it to us and we will follow it up.

I thank you, Sir.

Mr Lumba (Solwezi Central): Mr Speaker, I would like to find out what incentives the Government is going to give to the promoters of the North-Western Railway as they have given to other foreign investors.

Interruptions

The Vice-President and Minister of Justice: Mr Speaker, incentives are in the laws which were enacted in this House. We do not give discretionary incentives because they are already specified in the law. If a particular investor is entitled to those incentives, as a matter of right, he can apply for them. They should have an investment certificate available because that is what the law requires. However, of course, they can also engage with the Zambia Development Agency (ZDA) and the Ministry of Finance and National Planning to ensure that whatever the law specifies is granted.

I thank you, Sir.

Mr Mushili (Ndola Central): Mr Speaker, in view of the scarcity of funds in the Government coffers ─ despite boasting about the economy getting stronger ─ when will the Zambian people get the benefits of this well-boasted-about economy which is growing and doing well? Unlike what the Government says, the Zambian people are not enjoying the service of good roads and there is a lack of employment.

The Vice-President and Minister of Justice: Mr Speaker, the benefits to the Zambian people are obvious. We are constructing schools and hospitals. To some people, when you talk about poverty, they think about people eating food and the lack of food. That is not the only ingredient of poverty. Ingredients of poverty include things such as the lack of school places, health facilities and water and sanitation. These are the issues we are addressing.

Mr Speaker, we have put in place programmes to address issues of roads and of water and sanitation in townships. With the construction works which are going on throughout the country, it means our people are able to get jobs with the various projects which are on-going and that is another way of contributing to the reduction of poverty.

Mr Speaker, in the rural areas, there is the Farmer Input Support Programme (FISP). With the support this programme renders, people are able to grow food such as maize and, therefore, we are able to produce a bumper harvest in agriculture. If you go to rural areas, you will find that people’s lives are changing. There are canters and other different types of vehicles in rural areas.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: People are able buy radios and television sets. Those who understand what it means to address poverty will see that this is what all these things mean and that is what we are doing.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Kambwili (Roan): Mr Speaker, I would like to find out from His Honour the Vice-President whether the continuous losing of the parliamentary seats to the Opposition that the MMD won in 2006 is a sign that the people of Zambia no longer have confidence in this Government.

Mrs Phiri: Hear, hear!

The Vice-President and Minister of Justice: Mr Speaker, it is good that the hon. Member has asked that question. Let me address it in this way. The MMD is the only party which participates in all the by-elections. Some parties do not participate in some of these by-elections and when they do, they come out last.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: What this means is that we are able to gauge our average performance. On average, we have done very well. We either come out in first or second position in all the by-elections.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: We have consistently had thousands of votes, including in Mporokoso where the hon. Member is trying to refer to.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: We have over 2,000 voters who voted for the MMD. Thus, the future is bright on average. We have done our best compared to other political parties.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: Of course, when we go to the 2011 polls, those in the so-called pact will find that the arsenals in the United Party for National Development’s (UPND) armory will be turned on the Patriotic Front (PF).

Hon. Government Members: Hear, hear!

Laughter

The Vice-President and Minister of Justice: So, it will be an easy battle in 2011.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Mukanga (Kantanshi): Mr Speaker, …

Interruptions

Mr Speaker: Order!

Mr Mukanga: … I would like to find out what the official Government position is on the Mokambo Mine which has not been operational for the last few years.

The Vice-President and Minister of Justice: Mr Speaker, of course, we want all the mines to be operational and would only encourage investors to invest in mines which have not been operational. Of course, for that particular mine, we have a liberalised economy here and, therefore, if there are investors interested in it, let them invest in it.

I thank you, Mr Speaker.

Mr Speaker: The hon. Member for Nkana.

Mr Mwenya: Mr Speaker, my question has already been asked.

Mrs Phiri (Munali): Mr Speaker, I would like to find out from His Honour the Vice-President why the Kasumbalesa Border Post was commissioned before it was completed. Is this part of the Ruling Party’s campaign gimmick?

The Vice-President and Minister of Justice: Mr Speaker, His Excellency the President will be commissioning it today and, I think, it has been completed substantially.

Hon. Opposition Members: No!

The Vice-President and Minister of Justice: I have used the word ‘substantially’ and it is our right to commission any facility at any particular point we feel it should be. Therefore, we are in order to commission that particular infrastructure which has been built under the public-private partnership (PPP). We recently passed a law pertaining to the PPP in this House and, already, that law is being implemented successfully.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Milupi (Luena): Mr Speaker, would His Honour the Vice-President explain why he, as hon. Minister of Justice, and the hon. Minister of Home Affairs are allowing the police to carry out extrajudicial killings in Mongu, Limulunga, and now, most recently, in Mazabuka and, therefore, risking the President being taken to the Hague at the International Criminal Court (ICC) …

Hon. Opposition Members: Hear, hear!

Mr Milupi: … for killing his own people. Why are these two doing this to their own President?

The Vice-President and Minister of Justice: Mr Speaker, that question is malicious.

Laughter

The Vice-President and Minister of Justice: The hon. Member does not understand the meaning of extrajudicial killings. I offer to give him a free lecture on what extrajudicial killings are.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: Mr Speaker, those deaths are regretted. They arose out of law enforcement and I explained in what circumstances the deaths of our citizens occurred. We continue to regret that.

I thank you, Mr Speaker.

Mr Kamondo (Mufumbwe): Mr Speaker, may His Honour the Vice-President indicate to this House and the nation at large whether the Electoral Commission of Zambia (ECZ) has done the delimitation exercise and, if so, will the new constituencies be in effect during this year’s general elections?

The Vice-President and Minister of Justice: Mr Speaker, I think that particular issue will come before the House. We will be passing a new Constitution. That issue is before your Committee. Of course, we are making arrangements for the delimitation of constituencies in anticipation of this House endorsing such a measure. Therefore, let us support the Bill when it comes before the House and then we will see how we will proceed from then onwards.

I thank you, Mr Speaker.

Mr Chongo (Mwense): Mr Speaker, there have been insinuations that His Honour the Vice-President’s party rigs elections. What message does he have for the people of Zambia, taking into account that other parties have just won by-elections, to prepare them to accept the results in the upcoming general elections?

Interruptions

The Vice-President and Minister of Justice: Mr Speaker, we have a credible election body which is the ECZ. We do not rig elections and, of course, because the Opposition has won the Mporokoso by-elections, they should appreciate the credibility of this country’s electoral body the same way they should also accept the results when they lose.

I thank you, Mr Speaker.

Mr Speaker: Order!

_____________

QUESTIONS FOR ORAL ANSWER

FEMALE SCIENTISTS

274. Dr Chishya (Pambashe) asked the Minister of Science, Technology and Vocational Training:

(a) how many female scientists had benefited from the following bursary degree programmes of the ministry:
 
(i) Bachelor of Science;

(ii) Master of Science; and

(iii) Doctor of Philosophy;

(b) how many of the scientists at (a) were heading research and development centres in Zambia or abroad; and

(c) what additional professional credentials the female scientists above held.

The Minister of Technology and Vocational Training (Mr Daka): Mr Speaker, the Ministry of Technology and Vocational Training, in promoting gender equity and equality in the field of science and technology, has developed a bursary for female scientists.

The following is the number of female scientists who have benefited from the ministry’s bursary scheme:

 Programme No. of scientists

Bachelor of Science 1

Master of Science  24

Doctor of Philosophy  2

Only one female scientist benefited under the Bachelor of Science (first degree) level because the scheme has since been revised to start providing bursaries at a higher level, that is, Masters Degree and above. The reason behind this review was that the first degree level was and continues to be adequately catered for by the Bursaries Committee under the Ministry of Education.

Mr Speaker, none of the sponsored scientists above is currently heading a research and development centre in Zambia or abroad.

Mr Speaker, the professional credentials of the female scientists range from engineers, medical professionals, agricultural scientists, mining metallurgists, building scientists, veterinary doctors, physicists and environmentalists. Some of these members of staff are at our local universities as lecturers and other technical staff. Others work for various line ministries or quasi-Government institutions and research and development institutions.

I thank you, Sir.

Dr Chishya: Mr Speaker, can the hon. Minister state whether there are any female beneficiaries who are affiliated to any of the international institutions such as those falling under the International Atomic Energy Agency (IAEA) institutions.

Mr Daka: Mr Speaker, I have to find out on that issue. It is a specific question and I need to research on that.

I thank you, Sir.

Mr Mukanga (Kantanshi): Mr Speaker, the hon. Minister has stated that there is one beneficiary under the Bachelor of Science, twenty-four under Master of Science and two under the Doctor of Philosophy. I just want to find out what period is being referred to here.

Mr Daka: Mr Speaker, we are talking about what is happening presently.

I thank you, Sir.

Mrs Banda (Chililabombwe): Mr Speaker, looking at the small number of female scientists this country has produced, what is the Government doing to encourage women to take up sciences?

Mr Daka: Mr Speaker, the number of female scientists is not as small as perceived. What I have said in my answer is that some of these scientists in the first degree programme are covered by the Ministry of Education. I have stated here that there are twenty-four at the master’s level who are covered under our ministry. So, really, the number is growing because we want to get beyond the 30 per cent threshold for the Southern African Development Community (SADC).

Thank you, Sir.

Mr Simuusa (Nchanga): Mr Speaker, I wish to find out whether, in its quest to fulfil gender balance, the Government is not sacrificing academic excellence and, as such, reducing the quality of female scientists.

Mr Daka: Mr Speaker, Education is indiscriminate. In the same way, a professional qualification does not discriminate between female and male. That is why we, as a ministry, have designed a Qualification Framework (QFM) which will fall under the umbrella of the National Qualification Framework. This means that we will have ten categories. The first and second are primary and secondary school respectively. Thereafter, the Technical Education Vocational and Entrepreneurship Training (TEVETA) will cover the examinations. Eight, nine and ten are master’s level and doctorate. Below that is post graduate. So, we are trying to augment all qualifications in Zambia and ensure that we do not discriminate between female and male. In classrooms, today, at whichever school you go to, there are no examinations for female or male students. There are examinations for everybody.

I thank you, Sir.{mospagebreak}

TELEPHONE MASTS’ CONSTRUCTION

275. Mr Chisala (Chilubi) asked the Minister of Communications and Transport when the programme to construct telephone masts by the Zambia Information and Communications Technology Authority for use by mobile service providers would commence.

The Minister of Communications and Transport (Professor Lungwangwa): Mr Speaker, the Government would like to see to it that information communications technology infrastructure and services are equitably distributed and available and affordable to the greatest possible proportion of our population. In this regard, the Government is determined to extend communication infrastructure and services to all parts of the country within the shortest possible time.

The Government, through the Zambia Information Communication Technology Authority (ZICTA), commenced the process to extend communication infrastructure to underserved and unserved areas in 2009.

The process commenced with an initial list of thirty-seven areas and involved the following:

(i) agreeing with mobile service providers where to site the towers;

(ii) acquisition of land;

(iii) engagement of a consultant to design the tower and assess the infrastructure; and

(iv) construction of infrastructure.

Mr Speaker, the selection of employment of a consultant to undertake the design and supervision of the construction of communication towers was conducted through a two-stage process that began with the issuance of the request for expression of interest and later followed by the request for proposals. This was done in accordance with the provisions of the Public Procurement Act No. 12 of 2008.

The request for expressions of interest for the consulting service for the design and construction of communication towers was prepared by ZICTA and submitted to the Zambia Public Procurement Authority (ZPPA) for subsequent issuance of the solicitation notice. The ZPPA issued the advertisement on Friday, 18th December, 2009 with a floatation period of four weeks. The request for expressions of interest closed on Friday, 15th January, 2010.

After the evaluation of the expressions of interest, the shortlisted firms were requested to submit detailed technical and financial proposals. The request for proposals was invited on 26th February, 2010 and closed on 16th April, 2010. The ZPPA granted authority to ZICTA to enter into negotiations with the successful bidder on 31st May, 2010 after due process of evaluation. The negotiations were held on 2nd June, 2010.

Mr Speaker, following authorisation from the ZPPA on 21st June, 2010, ZICTA signed a contract with Far North Alliance Consortium on 27th July, 2010. The consortium immediately proceeded to undertake the assignment. The surveys for all the thirty-seven sites were completed in September, 2010. The designs with the associated drawings and bill of quantities were handed over to ZICTA in September, 2010 for review. After clarifications and consultations, the tender documents, together with the designs, drawings and bill of quantities were submitted to the ZPPA on 6th October, 2010 to invite the tender for the construction of communication towers.

Mr Speaker, the tender was subsequently invited by the ZPPA on behalf of ZICTA on 15th October, 2010 and closed on 3rd December, 2010. At the close of tender, nine bids were received from the following companies:

(i) Earthrow Investment Limited;

(ii) Plessey Zambia Limited;

(iii) CCS Comservice Zambia Limited;

(iv) Southtel Group Power Flakes Zambia Limited;

(v) G.11. Construction Private Limited;

(vi) Brolaz South Africa Private Limited;

(vii) African Brothers Corporation Limited; and

(viii) Savenda Management Services Limited.

Mr Speaker, noting that the responses to the tenders were well beyond what operators spend to roll out towers by a magnitude of four to five times, the Government decided to explore other options, as proceeding with this route would mean that only a few areas would be covered as the resources would not be adequate.

Mr Speaker, I am happy to report that the Government has found another option which will result in the rollout of more towers at lower costs. Instead of rolling out thirty-seven towers, the Government will roll out 200 towers by the end of June, 2011. The process for manufacture and acquisition of materials has already commenced. Furthermore, the Government has already compiled a list of 200 locations from the numerous submissions we have received from the hon. Members of this august House and the general public.

I wish, therefore, to take this opportunity to call on the hon. Members of this august House to aid ZICTA in securing land for the identified tower locations in your constituencies. Kindly note that the timeframe I have given takes into account the fact that we will have your co-operation to secure land within this month.

Mr Speaker, I thank you.

Mr Chisala: Mr Speaker, following that elaborate answer from the hon. Minister, could he be kind enough to state the timeframe in which these projects will be completed?

Mr Speaker: The hon. Member was not listening. The hon. Minister said that it will be between March and June in his reply. I was listening.

Mr Mukanga: Mr Speaker, at what cost would the 200 towers be erected?

Professor Lungwangwa: Mr Speaker, the 200 towers will be rolled out by a private company at its own expense instead of utilising public resources as the earlier arrangement was under ZICTA.

Thank you, Sir.

Mr Silavwe (Nakonde): Mr Speaker, what will happen to the money that ZICTA was supposed to use to construct the communication towers?

Professor Lungwangwa: Mr Speaker, the money that should have gone into the construction of towers will now be used ...

Interruptions

Mr Speaker: Order!

I cannot follow.

The hon. Minister may continue.

Professor Lungwangwa: Sir, the money that should have gone into the construction of towers under the ZICTA arrangement will now go into expanding e-Government services with special focus on services such as e-learning, e- agriculture and various other services that the Government should roll out in order to communicate effectively with the citizens.

I thank you, Sir.

Ms Imbwae (Lukulu West): Mr Speaker, I am grateful to the hon. Minister for the consistency and depth in the answer that he has given the House. The hon. Minister is still aware that Lukulu West floods and, therefore, if this is not done very quickly, we will lose out. Can the hon. Minister confirm if he is working on the Mitete Project.

Professor Lungwangwa: Mr Speaker, clearly, the problems of the environment might slow down the speed within which the towers will be rolled out, but we are very confident that the company that will undertake this work will do its best to ensure that the 200 towers, which include Lukulu West, will be completed within the four months timeframe.

I thank you, Sir.

Mr Lumba (Solwezi Central): Mr Speaker, I would like to find how the private company which will construct the towers will recover its money.
 
Professor Lungwangwa: Mr Speaker, this company is very well-experienced in rolling out towers. It knows how to meet both capital expenditures (capex) and operational expenditure (opex) and we are confident that it will be able to recover its money. That is why it has agreed to roll out the towers in the country. At the same time, there will be an arrangement for sharing the towers with other operators, and this is under discussion.

Thank you, Sir.

Colonel Chanda (Kanyama): Mr Speaker, may I find out from the hon. Minister if ZICTA has appropriate equipment for measuring excessive radiation? If not, are there any plans to procure one?

Professor Lungwangwa: Mr Speaker, there has been some attention given to that particular issue by ZICTA. Some research has been conducted and I am sure that it has some equipment to assess or measure radiation emissions from the various equipment.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, in the initial arrangement, ZICTA was to erect these towers and service providers were free to use any of them. Since this is being done by one private company, what arrangements are there to ensure that any service provider can use them? Will they be rented out? Is this consistent with the initial arrangement where service providers were supposed use these at no cost?

Professor Lungwangwa: Mr Speaker, the use of towers on a shared basis is a Government policy which is being advanced and service providers are expected to adhere to it under the supervision of ZICTA. Clearly, the arrangement still stands and the company that will roll out the towers will invite other service providers to share the towers and this has already been made known to other service providers.

I thank you, Sir.

Mr Simuusa: Mr Speaker, I would like to find out who will own the towers and how the Government will monetarily benefit from them considering that they have been built by a private company.

Professor Lungwangwa: Mr Speaker, the arrangement is not different from what is happening currently. This is because the towers that are being used are privately owned and the Government is benefiting by the greater numbers of people who are able to communicate and through taxation. At the same time, we, as a Government, are able to relate or communicate with the wider masses of this country and involve them in development programmes.

Mr Speaker, I thank you.

Mr Chongo (Mwense): Mr Speaker, in the absence of adequate and effective towers, particularly along the valley in the Luapula Province, there have been very serious signal interferences from the Democratic Republic of Congo (DRC) where we are getting French broadcasts. What is your ministry doing, in the interim, to correct the situation?

Professor Lungwangwa: Mr Speaker, I am not sure whether that question relates to mobile connectivity or radio reception. I think it is a question that has more to do with radio reception.

Mr Speaker, I thank you.

Mr Mushili (Ndola Central): Mr Speaker, in the detailed and elaborate response given by the hon. Minister, he said that the construction of more masts in the country will make the communication services affordable. Why does this country’s telephone service still remain extremely unaffordable as compared to other countries within the region?

Professor Lungwangwa: Mr Speaker, as leaders in this country, we should always adhere to the truth. The truth is that the cost of communication services is going down.

Hon. Government Member: Hear, hear!

Professor Lungwangwa:  The liberalisation of the international gateway, which was done the year before last, has enabled Zambians communicate with different parts of the world at affordable rates since the tariffs have gone down. I think that we should acknowledge the truth when we see it happening instead of presenting a picture that is gloomy and not in accordance with reality. The communication costs in this country are increasingly going down. The competition among the service providers is enabling our people to communicate at affordable levels. The Government continuously monitors the situation to see how communication service providers are enabling our people to afford their services.

Mr Speaker, I thank you.

Mrs Musokotwane: Mr Speaker, I would like to find out from the hon. Minister whether he has information on how many of those towers will be in Katombola Constituency. If he does not, is it possible for him to give me the information later?

Professor Lungwangwa:  Mr Speaker, if I am allowed to present a ministerial statement in a much more detailed manner, I should be able to make that information available.

Mr Speaker, I thank you.

LUKULU/LIMULUNGA ROAD

276. Mr Imenda (Lukulu East) asked the Minister of Works and Supply when the Lukulu/Limulunga Road via Mbanga would be constructed.

The Deputy Minister of Works and Supply (Mr Mangani): Mr Speaker, the Government will construct the Lukulu/Limulunga Road once adequate resources have been mobilised. The road passes through the flood plain and, therefore, its construction will require adequate interventions which entail constructing a high enough embankment with adequate drainage structures to avoid it being washed away. However, the Government, last year, used the Rural Roads Unit (RRU) to work on 10 km of the road from Lukulu towards Mbanga.

Mr Speaker, I thank you.

Mr Imenda: Mr Speaker, is the hon. Minister aware that it is only 88 km from Lukulu to Mongu and that the equipment moved farther than the 10 km he talked about from Mongu to Lukulu only to work on 7 km of the road and then be taken back to Mongu? Why should the people of Lukulu be made to travel 400 km from Lukulu via Kaoma to Mongu which is the provincial headquarters?

Mr Mangani: Mr Speaker, the Government recognises the problem of movement for the people of this area. However, the difficulty we have is the mobilisation of enough resources. For us to construct a road in the plain, it requires us to have enough resources. At the moment, most of the resources have been poured towards works on the Mongu/Kalabo Road. Nonetheless, we are looking at the possibility of working on the Lukulu/Limulunga Road via Mbanga. I know that the road that you are talking about is slightly longer than most people expected it to be, but once resources are found, we will work on it.

Mr Speaker, I thank you.

Mr Milupi (Luena): Mr Speaker, the Lukulu/Limulunga Road via Mbanga has been on the annual work plan for the last twenty years. Would the hon. Minister accept that the answer that he gave, that this road would be constructed when the resources are available, is not adequate as the Government ought to know when resources will be available so that it gives us a deadline of when the works will be completed? Is it in ten, twenty, fifty years or never?

Mr Mangani: Mr Speaker, the mere fact that we have made some plans to work on this road shows that we are committed to constructing it once we have resources. I did mention that we have found resources for the much talked about Mongu/Kalabo Road which was also on many different annual work plans for a long time. We are definitely looking at the possibility of mobilising resources for this road. However, you should appreciate the number of roads that we are working on and the point that the expense involved in constructing roads in the plains is quite huge.

Mr Speaker, I thank you.

Mr Beene (Itezhi-tezhi): Mr Speaker, three quarters of all equipment found in the provincial headquarters which the hon. Minister talked about in his response is either damaged or malfunctioning. When will the ministry take stock of the equipment so that it can do the job it was bought for?

Mr Mangani: Mr Speaker, we are taking stock of the equipment as regards it being functional or damaged. We have a contract with the supplier that, once this equipment is not functioning, its damaged spare parts are replaced. Our stocktaking shall be on-going such that whenever we get a report of particular equipment not performing very well, we will be able to repair it. However, we should also take note of the fact that the equipment in the Western province has had challenges because of the nature of the environment there. We will definitely work on this equipment once our current stocktaking is completed.

I thank you, Sir.

HUMAN RIGHTS VIOLATION CASES

277. Mr Chisala asked the Minister of Home Affairs how many cases of human rights violations by police officers had been recorded in the following districts between 1st August and 30th September, 2010:

(i) Chongwe;

(ii) Kasama;

(iii) Lusaka;

(iv) Mansa; and

(v) Ndola.

The Deputy Minister of Home Affairs (Mr Taima): Mr Speaker, the cases of human rights violations which were recorded by police officers between 1st August and 30th September, 2010 are as follows:

District  Number

Chongwe Nil

Kasama Nil

Lusaka 22

Mansa Nil

Ndola Nil

I thank you, Sir.

Mr Chisala: Mr Speaker, the fact that Lusaka is a case in point, may I know whether these perpetrators have been brought to book.

The Minister of Home Affairs (Lungu): Mr Speaker, the issues concerning the perpetrators are still under investigations to find out what kind of measures can be taken against them.

I thank you, Sir.

Mrs Mwamba (Lukashya): Mr Speaker, I am surprised to hear that there are no cases of violation of human rights in Kasama. Was it not last year when a woman was denied access to a hospital to deliver a baby and she ended up delivering in the cells in Kasama?

Mr Lungu: Mr Speaker, the hon. Member is talking about last year. I am not sure whether this is within the period between 1st August and 30th September, 2010. It could have been in January, last year. The question specifically refers to August and September.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Colonel Chanda: Mr Speaker, can the hon. Minister expand on the twenty-two cases of human rights violations in Lusaka. What was the most common case?

Mr Lungu: Mr Speaker, I am not able to specify which cases were the most common in Lusaka. I am only able to indicate that they were twenty-two cases in accordance with the question asked.

I thank you, Sir.

ESCO BUILDINGS

278. Mr Ntundu (Gwembe) asked the Minister of Works and Supply:

(a) how much money had been realised from the sale of the former Engineering Services Corporation (ESCO) buildings countrywide; and

(b) how many of the buildings had been on title.

Mr Mangani: Mr Speaker, the Government, through the Zambia Development Agency (ZDA), raised K16, 686,650,621 from the sale of the buildings.

Sir, none of the buildings were on title at the time of disposal. However, we endeavoured to obtain title deeds during the conveyance process. According to the last status update that we received from our lawyers, we have successfully obtained ten title deeds.

I thank you, Sir.

Mr Ntundu: Mr Speaker, I would like to find out why the Government has taken so long to issue title deeds to the people who had paid in full, and moreover, asking these people to undertake formalities with the Ministry of Lands just like ordinary people who are applying for new land. Why has it taken long?

Mr Mangani: Mr Speaker, it has taken long mainly because it has to follow the processes at the Ministry of Lands. However, all measures are being taken by our lawyers to make sure that the process is speeded up.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, I would like to find out how the K16 billion which was raised from the sale of these buildings was utilised since the former employees who were working for this company have not even been paid their terminal benefits.

Mr Mangani: Mr Speaker, once the Government sells any item, all the money goes into the Government account and it is budgeted for by hon. Members of Parliament in this House.

Sir, in terms of payment for the workers, every effort is being made to make sure that all workers are cleared. This will be done within the shortest possible time.

I thank you, Sir.

Mr L. J. Mulenga (Kwacha): Mr Speaker, I would like to find out what the net proceed that went into the general revenue Treasury was, seeing that the ZDA was able to collect its management and administrative fees straight from the proceeds.

Mr Mangani: Mr Speaker, I do not have the figures that were collected by the ZDA here with me, but I am aware that the net amount that went into the Government coffers is K16,686,650,621. I also do not have the details of the other costs that were incurred by the ZDA.

I thank you, Sir.

Mr Beene: Mr Speaker, the Ministry of Works and Supply retained some of the properties of former ESCO, such as pontoons which are as old as forty years and a danger to the community who are using them. When will the ministry sell the pontoons as scrap metal so that they are replaced with safe pontoons for the people to use?

Mr Mangani: Mr Speaker, currently, the Government wants to encourage the PPP. If the hon. Member has money, he can approach us so that we see how best we can work out a way of giving out some of these properties to him on a PPP.

I thank you, Sir.

Mr Chisala: Mr Speaker, I would like to know whether the Government has serious plans of repossessing some of these buildings such as the one in Samfya, which has not been used for quite a long period.

Mr Mangani: Mr Speaker, we sold these buildings because we were unable to utilise them very well. Therefore, we cannot repossess them because we will have the same burden as the one we had before. However, the best thing that can be done is that the hon. Member of Parliament can approach the person who bought the building and advise him/her to come up with a way it can be sold and used.

I thank you, Sir.

PRISON DRUG TESTS

279. Mr Mukanga asked the Minister of Home Affairs:

(a) whether the prisons service tested prisoners for drug abuse and, if so, at what stage the tests were taken; and

(b) how many prisoners had been found to be drug addicts between 2006 and 2010.

Mr Taima: Mr Speaker, I wish to inform the House that the Zambia Prisons Service has been testing prisoners for drug abuse whenever they come from a working party outside the prison premises. Mostly, these tests are done when a prisoner is suspected to have taken some drugs. The suspects are taken to the hospital and if a medical doctor certifies that such a prisoner has taken drugs, the prison authorities take disciplinary action in conformity with the Prisons Act, Cap. 97 of the Laws of Zambia.

Mr Speaker, there were no prisoners found to be drug addicts between 2006 and 2010.

I thank you, Mr Speaker.

Mr Mukanga: Mr Speaker, what measures has the Government put in place to help those who are on drugs and those selling them as a way of trying to earn a living for their families to survive?

Mr Lungu: Mr Speaker, that question is not very clear. I do not know whether the hon. Member is referring to prisoners who are earning a living through the sale of drugs or he is referring to non-prisoners. If he is referring to prisoners, we do not have any prisoner who works to support people who are not in prison.

I thank you, Mr Speaker.

Laughter

Mr Mushili: Mr Speaker, my question concerns the drug dealers outside the prison services. When will your ministry deal with those drug traffickers who are in Nkwazi, in my constituency, and whose livelihood depends on drugs?  The police officers in that area know about this very well and they buy drugs from these people. When are you going to deal with that situation?

Mr Speaker: The question is irrelevant.

Laughter

Mr Kambwili (Roan): Mr Speaker, I would like to find out from the hon. Minister how drugs are controlled in open prisons where prisoners are even able to impregnate women in the surrounding villages like in Luanshya. How is chamba smoking controlled in those areas?

Mr V. Mwale: What is chamba?

Mr Lungu: Mr Speaker, I am not sure whether they impregnate women due to chamba smoking or not. However, I believe that is something that we can leave to the prisoners and those that they impregnate.

Laughter

Mr Lungu: Otherwise, we do not encourage them to take chamba in or outside the prison premises.

I thank you, Sir.

Mrs Phiri (Munali): Mr Speaker, what is the Government doing to help those people who depend on selling drugs for their livelihood?

Mr Lungu: Mr Speaker, I have a problem in understanding that question in that the hon. Member is talking about the people outside prison. I do not know whether by her reference to people she means prisoners or ordinary people. Therefore, it is very difficult for me to answer that question.

I thank you, Sir.

Mr Muntanga (Kalomo Central): Mr Speaker, may the hon. Minister confirm that the prison warders encourage prisoners to smoke dagger in order for them to work harder on their farms.

Interruptions

Mr Lungu: Mr Speaker, I am unable to confirm that because no prison warder can encourage a prisoner to do what the hon. Member has talked about.

I thank you, Mr Speaker.{mospagebreak}

MUFUMBWE AND MWINILUNGA FILLING STATIONS

280. Mr Hamusonde (Nangoma) asked the Minister of Energy and Water Development when fuel filling stations would be established in Mufumbwe and Mwinilunga districts where fuel was currently being sold from drums.

The Deputy Minister of Energy and Water Development (Mr Akakandelwa): Mr Speaker, I wish to inform the hon. Member that the Government is currently not in the business of directly establishing filling stations in the country. The Government’s role is that of creating an enabling environment for the establishment of filling stations by the private sector.

Sir, to this effect and as a way of encouraging construction of filling stations in rural areas, my ministry, through the Energy Regulation Board (ERB), has created a separate standard for establishment of rural filling stations. This means that the cost of establishing a rural filling station is much lower than those in urban areas as rural-based ones will be either mobile or stationery tanks from which consumers will buy fuel.

Sir, in addition, with the creation of the Citizens Economic Empowerment Commission (CEEC), the Government has put in place a deliberate policy of encouraging both men and women to invest in business. Therefore, interested citizens can take advantage of this business opportunity to access funds from the CEEC to establish rural filling stations.

Furthermore, with the implementation of the uniform petroleum pricing programme by this Government, it is expected that consumption of fuel in rural areas will increase. This is because the cost of transporting fuel there, which hitherto has been higher than in urban areas, has been reduced. Therefore, rural fuel dealers now have the same business opportunities as those in urban areas. This should, therefore, be enough incentive to attract private sector investments in filling stations in places like Mufumbwe and Mwinilunga.

Mr Speaker, I thank you.

Mrs Phiri: Mr Speaker, in Zambia, it is illegal to sell fuel from houses. May I find out if this Government is not promoting anarchy by allowing Government vehicles to buy fuel from people’s homes in Mufumbwe?

The Minister of Energy and Water Development (Mr Konga): Mr Speaker, indeed, the Government has put in place measures and regulations to regulate the sale of fuel. In this regard, it is illegal to sell fuel from homes because the only legally designated retail outlets are the filling stations. Therefore, if anyone is buying fuel from a house, they are committing an offence and the hon. Member, being a lawmaker, should report that matter to the law enforcement agencies.

I thank you, Mr Speaker.

Captain Moono (Chilanga): Mr Speaker, one of the reasons, in Mufumbwe and Mwinilunga, …

Mrs Phiri: On a point of order, Mr Speaker.

Mr Speaker: A point of order is raised.

Mrs Phiri: Mr Speaker, I rise on a very serious point of order. The hon. Minister of Energy and Water Development is very much aware that, in Mwinilunga, there is no filling station. It is very surprising that he can come here and claim that he does not know that there is illegal selling of fuel even to Government departments. I was privileged, through your Committee, Mr Speaker, to go to Mwinilunga and we were taken by the Acting District Commissioner for Mwinilunga to buy fuel from a home. Is the hon. Minister in order to claim that he does not know about this vice when it was a vehicle from a Government department that took us to buy fuel from a home that stored fuel in a drum? I need your serious ruling.

Hon. Opposition Members: Hear, hear!

Mr Speaker: Order!

The hon. Member for Chilanga will complete his question and then I shall rule.

Captain Moono: Mr Speaker, one of the reasons the private sector is not willing to invest in the construction of filling stations in the two districts is because they are not connected to the national electricity grid. As a result, electricity supply is erratic and putting up a filling station there would not be profitable.

I would like to find out from the hon. Minister when these two districts will be connected to the national electricity grid so that it is viable to invest in these districts. 

Mr Speaker: The hon. Minister of Energy and Water Development will also take into account the point of order raised by the hon. Member for Munali.

Mr Konga: Mr Speaker, as His Honour the Vice-President said this morning, the Government has embarked on a programme to electrify all the districts in Zambia. In fact, all the districts are either connected to the national grid or are supplied directly by energy produced from diesel stations. To this effect, both Mufumbwe and Mwinilunga have new diesel stations supplied by the Zambia Electricity Supply Corporation (ZESCO). This has reduced the incidences of power outages.

However, that notwithstanding, all filling stations are supposed to have their own standby generators such that should the power supply from ZESCO be unavailable, they continue supplying fuel to the consumers from their emergency supplies from their stand by generators situated at these stations. Even when we delay to connect the two districts to the national electricity grid, we will expect this of the dealers who will operate filling stations in Mwinilunga and Mufumbwe when they come on board. This will still be expected of them even when the two districts are connected to the national grid as, at the moment, ZESCO is planning to do so.

Mr Speaker, regarding the point of order raised by the hon. Member for Munali, I am not aware of a Government institution which is illegally selling fuel to the public.

Hon. Opposition Members: Buying!

Mr Konga: Or even buying.

This is why I said that, the hon. Member for Munali, being a lawmaker, should have reported that matter to the law enforcement agencies because it is an illegality. I, therefore, do not know why she condoned it.

I thank you, Sir.

Mr Milupi: Mr Speaker, even in Chavuma, where the hon. Minister is an hon. Member of Parliament, people buy fuel from homes.

Nonetheless, would he accept that when he makes the point that their role, as a Government, is to provide an enabling environment, one way of creating this is to increase the margin that the agents have from the current 2 per cent to something higher in order to encourage people to put up filling stations? Can he confirm this? If so, what action has he taken to achieve this?

Mr Konga: Mr Speaker, the aspect of the actual pricing of petroleum products on the market is a matter that is dealt with by the ERB. The Government does not come in to establish what percentage is to be given.

Mr Speaker, I thank you.

Mr Kamondo (Solwezi Central): Mr Speaker, I want to find out from the hon. Minister why the CEEC has, to date, failed to finance a local chief who applied to construct a filling station under the arrangement between the CEEC and ERB. 
 
Mr Konga: Mr Speaker, I find the point raised by the hon. Member very speculative because I do not have the details he has referred to. So, if the hon. Member has the details, he can come to the office and we can pick up the issue from there.

I thank you, Sir.

Mr Chisala: Mr Speaker, the hon. Deputy Minister indicated that there are two types of filling stations namely, permanent and mobile. Can he be kind enough to shed more light on what mobile filling stations are?

Mr Konga: Mr Speaker, the Department of Energy, under the Ministry of Energy and Water Development, the ERB and CEEC have come up with some arrangement to encourage the retail of petroleum products, especially in rural areas. They have also agreed on standards which are different from what is currently obtaining in urban areas. They have agreed to put in place various modes of structures such as tanks on wheels which can be used to dispense petroleum products. These are the ones that the hon. Deputy Minister referred to as mobile filling stations.

Mr Kambwili: Mr Speaker, in his response to Hon. Mumbi’s point of order, the hon. Minister stated that anyone who buys fuel illegally commits an offence. Now that he is aware that Hon. Mumbi and Parliament committed an offence, what is he going to do about it?

Laughter

Mr Speaker: Order!

Next question.

Laughter{mospagebreak}

HYDRO POWER STATIONS

281. Mr Mukanga asked the Minister of Energy and Water Development:
 
(a) how much additional investment the Government had made in the following hydro-power stations from 2006 to 2010:

(i) Kafue Gorge;
(ii) Kariba North bank; and
(iii) Victoria Falls; and

(b) what the domestic and industrial tariff increases from 2006 to 2010, year by year, had been.

Mr Akakandelwa: Mr Speaker, the additional investment made by the Government for the rehabilitation and up-rating of the three hydro-power stations from 2006 to 2010 is US$19,756,283.15, US$ 7,679,755.89 and US$ 433,143.00 respectively.

The expenditure for each year is shown in the table given below:

Year Vic Falls Kafue Gorge Kariba North Total (US$)
 PS (US$) PS (US$) Bank (US$)

2007/08  - - -
2008/09 - 13,857,029.00 2,290,992.00 16,148,021.00
2009/10 -   3,220,460.00 1,847,569.00   5,068,029.00
2010/11 433,143.00   2,678,794.15 3,541,194.89   6,653,132.04
Total 433,143.00 19,756,283.15 7,679,755.89 27,869,182.04

Sir, the total amount spent on all the three power stations during this period amounted to US$27,869,182.04. The additional works that have been done are:

Kariba North Bank

(i) new runners have been supplied for units 3 and 4 to increase turbine capacity;

(ii) all the generators have been updated by fitting new larger capacity stator bars (windings), rotor coils and new stator laminations;

(iii) supply of new 330kV XLPE cables to replace the old oil-filled cables; and

(iv) supply of new larger capacity transformers (200MVA).

Kafue Gorge Power Station

(i) the turbine runners were re-profiled to increase power from 152MW to 165MW;

(ii) generators have been up-rated by fitting new larger capacity stator bars (windings), rotor coils and new stator laminations; and

(iii) new transformers with higher capacity of 135MVA were installed to replace the lower capacity transformers of 94MVA.

The domestic and industrial tariffs increased from 2006 to 2010 are as follows:

Tariff Increases from 2006 to 2010

 2006/07 2007/08 2008/09 2009/10 2010/11

Domestic none 27% 27.80% 40% 41%

Industrial none 27.50% 27.50% 42% 12%

Mr Speaker, the increase to domestic customers may seem higher than those for industrial customers due to the following:

(i) in 2006, the ERB engaged a consultant to carry out a cost of service study. The cost of service study determined that the residential customer’s tariffs were the least cost reflective, unlike the industrial tariffs which were closer to cost reflectivity. Therefore, the required increase in tariffs for residential customers to reach cost-reflective levels was much higher;

(ii) the investment required to supply domestic customers who consume power at a lower voltage is higher than that of industrial customers who consume power at a higher voltage. Furthermore, supplying a domestic customer requires construction …

Mr Speaker: Order!

Business was suspended from 1045 until 1100 hours.

[MR SPEAKER in the Chair]

Mr Akakandelwa: Mr Speaker, when business was suspended, I was trying to explain why the increase in tariffs to domestic customers may still be higher than those for the industrial customers and the following were the reasons I was citing:

  … of an extensive network in order to attain the lower distribution voltages required. Further, the maintenance and operational costs are higher at a low voltage;

(iii) the industrial customers are charged at maximum demand, depending on the consumption plus another charge on energy consumed. In the case of residential customers, only the energy charge in KWh is used; and

(iv) the need to stimulate industrial growth in the country has also an effect on the level of tariff to be applied to industrial clients.

I thank you, Mr Speaker.

Mr Mukanga: Mr Speaker, considering the answer given by the hon. Minister, I believe that most of these rehabilitation works were prompted by the increased mining activities in various mines. May I find out what physical or financial contributions the mines make towards these rehabilitations?

Mr Konga: Mr Speaker, the House would be interested in knowing that the Zambian power infrastructure is more than forty years old. Like any other infrastructure, with time, there is deterioration of this infrastructure due to use. Therefore, the power infrastructure in Zambia had also deteriorated, over time, such that it was negatively impacting on the service delivery to both industrial and domestic consumers. As such, it necessitated the need for rehabilitation.

Sir, whilst it is true that the load of power supply to the mining sector was improved, the financial expenditure to meet this rehabilitation was met by the Government’s own borrowing. Therefore, no moneys were brought on board by the mining sector. This was done at the Government’s own expense to improve the power infrastructure. So, no money was taken from the mining sector.

Mr Speaker, I thank you.

NATIONAL PENSION SCHEME AUTHORITY

282. Mr D. Mwila asked the Minister of Labour and Social Security:

(a) how much money had been owed by various Government ministries and departments to the National Pensions Scheme Authority (NAPSA) as of 31st December, 2010 in the form of members’ and employer contributions;

(b) what measures the Government had taken to facilitate the expeditious remittance of the contributions; and

(c) of the amount owed at (a) above, how much of it accounted for penalties for non-remittance.

The Deputy Minister of Labour and Social Security (Mr Kachimba): Mr Speaker, according to the NAPSA records, the Government owes the institution a total amount of K1, 126,670,726,317.85. The salary system is centralised at the Ministry of Finance and National Planning and my ministry has already started discussions with the Ministry of Finance and National Planning to develop a payment plan to dismantle all the unpaid arrears to NAPSA.

Mr Speaker, out of the total amount of K1,126,670,726,317.85 owed to the institution, K1,029,441,654,666.33 are statutory penalties.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, first of all, I want to thank the hon. Minister for that answer. On the penalties which amount to K1, 029,441,654,666.33, is the Government ready to pay that amount since it is a lot of money?

Mr Kachimba: Mr Speaker, in my substantive reply, I said that the salary system is centralised at the Ministry of Finance and National Planning and this is why the Ministry of Labour and Social Security has entered into discussions with the ministry so that we can develop a payment plan to dismantle all the unpaid arrears.

I thank you, Sir.

Mr Milupi: Mr Speaker, the sum of K1.3 trillion owed by the Government is a colossal amount for a scheme such as NAPSA which is not doing well. Would the hon. Minister take advantage of this question to comment on the fact that, in spite of the Government owing NAPSA so much money, it is still enticing the Government to go into speculative deals of land buying to the tune of US$15 million? Is the scheme safe with the involvement of the Government in this manner?

The Minister of Labour and Social Security (Mr Liato): Mr Speaker, I want to take advantage of that question to explain to the nation, through this House, on issues that have been appearing in the press.

Mr Speaker, NAPSA is an institution that is owned by the Government in that 100 per cent of its shares belong to the Government. What is important to note here is that the clarification that it runs its internal affairs without any interference from any outside player, either the Government or anybody else, has been made by the Chief Executive Officer of that organisation.

The debts owed by the Government to NAPSA have absolutely nothing to do with the institution’s investment plan and programme. That pension scheme makes its own investment programmes based on its best judgement. It has invested in several projects, in fact, a number of the projects it has invested in involve much more money than the US$15 million. There are investments like the Levy Junction and if you ask me how much investment has been put in there, it is over a US$100 million. Therefore, US$15 million, compared to US$100 million, is nothing worth talking about in terms of the investment by NAPSA.

Mr Speaker, it should not be a big issue because it varies how much property NAPSA is investing in. NAPSA is investing in real estate which goes with acquisition of land to undertake infrastructure development programmes that include housing programmes that will go a long way in alleviating the problem of shortage of houses for many Zambians who need housing.

Mr Speaker, the money owed to NAPSA by the Government is being repaid because I am aware that there is a team which is formulating a harmonisation programme by looking at the debt using the records at the Ministry of Finance and National Planning in order to come up with a true and a properly reconciled figure. This figure will then result in the repayment to NAPSA by what is owed to them.

Mr Speaker, the US$15 million property is a proper investment by NAPSA. It followed all the internal guidelines that are required of it before acquiring any property and the whole decision was well-thought-out. It is not as has been reported in some media organisation that NAPSA had no reason for acquiring the land. It has a programme and plan for acquiring that piece of land and it will proceed with that investment. That is the way it is.

I thank you, Sir.

Mr L. J. Mulenga: Mr Speaker, K1.3 trillion, as arrears for pensioners, is colossal. In terms of investment on behalf of the pensioners, are they assured that despite these arrears, they will be able to get real value for their money when it is due to them?

Mr Liato: Mr Speaker, every organisation and even individuals have people owing them. There are people whom you owe or they owe you money. However, what is important is that there is a programme to ensure that NAPSA collects its debt and it has gone on a vicious debt collection campaign. We, as a parent ministry, are encouraging it to do so and we feel that this is going to be in the best interest of the organisation and the workers’ money which is invested in the organisation.

Mr Speaker, I can assure the hon. Member that the reason behind trying to get this money is to ensure that it is put into productive use that will secure the workers’ money.

I thank you, Sir. 

Mr Ntundu: Sir, according to the hon. Minister, NAPSA now has a different priority other than its original one of paying its members their monies when they are due. What is the Government doing to ensure that NAPSA keeps its original vision instead of going into ventures like Kwachamania and so on and so forth using members’ contributions? May the hon. Minister seriously answer this question.

Mr Liato: Mr Speaker, NAPSA cannot keep money in banks forever. In fact, many people have been saying that it must move away from the culture of keeping trillions of money in banks. These very people have been asking about what investment programmes NAPSA has. The pension authority wishes to invest the members’ contributions so that they can grow. I do not think it would be prudent to just keep members’ contributions in banks and expect to use it to pay pensioners because we will run out of money, one day, when the demand for the payment of claims will be huge.

I think the right thing to do is invest that money so that it can grow and be used to the benefit of pension members. This is not only done in Zambia, but the world over. All pension schemes, even in developed countries, invest money, especially in real estate, so that it can grow and be used to pay members in a more meaningful manner.

I thank you, Sir.

LUENA SPORTS FACILITIES

283. Mr Milupi asked the Minister of Sport, Youth and Child Development what measures the Government was taking to ensure that people, especially the youths in Luena Parliamentary Constituency, were provided with sports facilities such as the following:

(i) football pitches;

(ii) netball pitches;

(iii) volleyball pitches; and

(iv) tennis courts.

The Deputy Minister of Sport, Youth and Child Development (Mr Ndalamei): Mr Speaker, the Government, through my ministry, has taken the following measures in order to ensure that people, especially youths in rural areas, are encouraged to participate in sporting activities. We have formed District Sport Advisory Committees (DSACs) and Provincial Sports advisory Committees (PSACs) in accordance with Act no. 15 of 1977. The role of these committees is to implement the National Sports Policy in the development and promotion of sport on behalf of the ministry.

Mr Speaker, it is hoped that through this arrangement, all sports disciplines, including football, netball, volleyball and tennis will be developed and promoted at all levels. It is through these committees that tennis courts and football, netball and volleyball pitches could be made available to communities. However, it should be clearly known, from the outset, that due to inadequate funding, the Government has no immediate plans to provide sports infrastructure such as football, netball and volleyball pitches and tennis courts in Luena Constituency. The current focus for my ministry is to construct three ultra modern stadia in Lusaka, Ndola and Livingstone as well as rehabilitate all the provincial stadia.

Mr Speaker, I thank you.

Mr Milupi: Mr Speaker, quite clearly, the answer to this question from the hon. Minister underscores the policy of this Government which is to take development to urban as opposed to rural areas. Would the hon. Minister, therefore, accept that his answer that the Government has no plans to take infrastructure development pertaining to sports to rural areas is further disadvantaging the people in rural areas as opposed to those in urban areas?

The Minister of Sport, Youth and Child Development (Mr Chipungu): Mr Speaker, the plans are there and this explains why we have committees like the DSACs and PSACs in place. Now, I think the problem is money. Running sports in this country would require something like over K500 million to support infrastructure development as well as sports institutions. In the absence of funding, there is very little we can do.

However, like I indicated on the Floor of this House, we are now engaging private partners who have shown interest to pair with my ministry to develop infrastructure, including in rural areas. May I also, perhaps, request hon. Members of this august House that it will be prudent to use the Constituency Development Fund (CDF) towards the development of infrastructure in our respective constituencies.

I thank you, Sir.

SOLWEZI/KIPUSHI ROAD REHABILITATION

284. Mr Katuka (Mwinilunga East) asked the Minister of Works and Supply whether the Government had any plans to rehabilitate the Solwezi/Kipushi Road which was impassable in the rainy season.

Mr Mangani: Mr Speaker, the Solwezi/Kipushi Road is of strategic and national interest. The road offers direct benefits to the economy as it is the spine of Kansanshi Mine which generates a lot of revenue for the country. As such, the Government had, in 2006, placed the road on a four-year rehabilitation and maintenance programme. The works were undertaken by China Geo-engineering Corporation until August, 2010 through a pilot concept of Output and Performance Based Road contract.

The Government has always had plans to rehabilitate and maintain the road. Currently, the swelling maintenance costs point to the fact that the road should be upgraded to bituminous standard. While this avenue is being sought, maintenance activities would be implemented using the RRU equipment.

Mr Speaker, I thank you.

Mr Katuka: Mr Speaker, may I find out from the hon. Minister when the plans to tar this road will come to fruition? This is with the realisation of its importance to both the locals and the Government, which is also putting up a lot of infrastructure at the border in the area.

Mr Mangani: Mr Speaker, the Government does realise and consider this road to be very important. This is why it has improved the border facility in the area by putting up a new office block. There is even a new secondary school being built. We are mobilising resources and, once this is done, we will definitely look at improving this road.

I thank you, Mr Speaker.

Mr Lumba: Sir, I would like to find out if this road is under the Roads Sector Investment Programme Phase II (ROADSIP II) which is currently being considered and runs up to 2013.

Mr Mangani: Mr Speaker, the road was put under the Output and Performance Based Road contract, meaning that we had put a contractor to look after the road for a period of four years. Now, what we have discovered is that, because of heavy traffic, this gravel road may not hold the traffic that is there. Feasibility studies are being conducted so that we upgrade this road to bituminous standard because it is leading to a very important border point. I think this is what we are doing right now.

I thank you, Mr Speaker.

_____________

BILLS

FIRST READING

THE EDUCATION BILL, 2011

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, I beg to present a Bill entitled the Education Bill, 2011. The object of the Bill is to:

(a) regulate the provision of accessible, equitable and qualitative education;

(b)  provide for the establishment, regulation, organisation, governance, management and funding of educational institutions;

(c) provide for the establishment of education boards and for their functions;

(d) domesticate the convention on the Rights of  the Child in relation to education;

(e) repeal and replace the Education Act, 1966, and the African Education Act, 1951; and

(f) provide for matters connected with, or incidental to, the foregoing.

Mr Speaker, I thank you.

Mr Speaker: The Bill stands referred to the Committee on Education, Science and Technology. The Committee is required to submit its report on the Bill to the House on Tuesday, 15th March, 2011. Hon. Members, who wish to make submissions or amendments to the Bill are free to do so within the programme of work of the Committee.

Thank you.

___________

MOTION

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE TO SCRUTINISE THE APPOINTMENT OF MADAM JUSTICE IREEN CHIRWA MAMBILIMA TO SERVE AS CHAIRPERSON OF THE ELECTORAL COMMISSION OF ZAMBIA AND MR ALFRED KWANGA KAWEZA AND MR DAVIES JOSE MWANZA TO SERVE AS COMMISSIONERS FOR INVESTIGATIONS

Ms Imbwae (Lukulu West): Mr Speaker, I beg to move that this House to adopt the Report of the Parliamentary Select Committee appointed to scrutinise the Presidential appointments of Madam Justice Ireen Chirwa Mambilima to serve as Chairperson of the Electoral Commission of Zambia (ECZ) and Mr Alfred Kwanga Kaweza and Mr Davies Jose Mwanza to serve as commissioners of the Commission for Investigations for the Fifth Session of the Tenth National Assembly laid on the Table of the House on 3rd March, 2011.

Mr Speaker: Is the Motion seconded?

Mr Sing’ombe (Dundumwezi): Mr Speaker, I beg to second the Motion.

Ms Imbwae: Mr Speaker, may I begin by stating that in view of the critical role played by the ECZ and the Commission for Investigations in Good Governance, your Committee resolved that only people who are highly competent and with unquestionable integrity, diligence, eminence, sound character and commitment to the promotion of justice should serve in these two public institutions. In this regard, your Committee carefully selected the witnesses to assist them scrutinise the suitability of the nominees. Your Committee requested memoranda from the relevant State Security Agencies, professional bodies and other stakeholders, as well as the appointing authority. The witnesses also appeared before your Committee to make oral submissions. Further, your Committee interviewed the nominees and carefully scrutinised their curricula vitae (CV).

Mr Speaker, as regards the findings of your Committee, I wish to inform the august House as follows:

Madam Justice Ireen Chirwa Mambilima

Mr Speaker, all the State security agencies cleared the nominee, stating that their records did not show any adverse reports against Madam Justice Ireen Chirwa Mambilima which could prevent her appointment as Chairperson of the ECZ.

Mr Speaker, your Committee further learnt, from various witnesses, that Madam Justice Ireen Chirwa Mambilima not only held the requisite qualifications for a person to be appointed Chairperson of the ECZ, but also had a distinguished career in law. She had served as a Puisne Judge in the High Court, Supreme Court Judge and is currently the country’s Deputy Chief Justice. She had also served as Sessional Judge of the Supreme Court of Gambia.

Mr Speaker, the Hon. Madam Justice Ireen Chirwa Mambilima had further served as Chairperson of the Editorial Board of the Council of Law Reporting, Vice-Chairperson of the Council of the Zambia Institute of Advanced Legal Education (ZIALE), member of the International Association of Women Judges and President of the Zambia Association of Women Judges.

Mr Speaker, the Madam Justice Ireen Chirwa Mambilima had also served as board member of the Child Fund (Zambia) and Women in Law in Southern Africa. Additionally, prior to her career in the Judiciary, she served with the Ministry of Legal Affairs then for several years, having been employed as a State Advocate and rising to the position of Director of Legal Aid. In short, her professional track record showed that Madam Justice Ireen Chirwa Mambilima had served in the Public Service since she qualified as an advocate.

Mr Speaker, your Committee was also informed that the Judicial Complaints Authority had not received any adverse reports on Madam Justice Ireen Chirwa Mambilima regarding her conduct as a judicial officer. The authority was, therefore, in support of her appointment. However, your witness disclosed that the authority had received four complaints against a panel of Judges to which Madam Justice Ireen Chirwa Mambilima was a part. The complaints, however, were dismissed for lack of merit.

Mr Speaker, on the question of impartiality, your Committee was informed that since there had not been any complaint against Madam Justice Ireen Chirwa Mambilima related to impartiality or any other such matter, the authority was confident that she would discharge her duties in an impartial manner.

Your Committee was further informed that Madam Justice Ireen Chirwa Mambilima was a focused person and would, therefore, competently carry out the duties of Chairperson of the ECZ.

Further, Mr Speaker, the witness from the Judicial Service Commission informed your Committee that the commission supported the appointment of Madam Justice Ireen Chirwa Mambilima as Chairperson of the ECZ as she had, during her earlier tenure as Chairperson of the ECZ, from 2005 to 2008, served the nation with excellence. It was noted that during the period she had served at the ECZ, she supervised the 2006 General Elections.

Furthermore, while at the commission, the nominee had won international recognition resulting in her being invited to observe elections in Lesotho and Kenya. Additionally, it was noted that the next election was anticipated to take place within a few months and, thus, to appoint a person to head the ECZ, who had served there previously, would assist in ensuring a smooth electoral process. It was, therefore, in the best interest of the nation to appoint a person with the necessary experience like Madam Justice Ireen Chirwa Mambilima to superintend over the forthcoming elections as there was no time for a new person to learn the functions of the position of Chairperson of the ECZ. {mospagebreak}

It was also submitted to your Committee that people who had worked with her said that she was a very useful individual, especially in dire times when astute and rational reasoning was needed. Your Committee also observed the calm, professional and committed way in which she presented herself before it, and this was attested to by the witnesses.

Mr Speaker, with regard to the two nominees, namely, Mr Alfred Kwanga Kaweza and Mr Davies Jose Mwanza, to serve as a commissioners of the Commission for Investigations, it was noted that the Commission for Investigations Act, Chapter  39 of the laws of Zambia does not specify the requisite qualifications for someone to be appointed commissioner. This left a lot of room for anyone to be appointed. In light of this, let me now discuss the findings of your Committee regarding the two nominees.

As regards Mr Alfred Kwanga Kaweza, according to the records held by the State security agencies that made submissions before your Committee, there are no adverse records against the nominee which would hinder his eligibility for appointment to serve as a commissioner of the commission.

Further, Sir, it was noted that Mr Kaweza had worked extensively in the financial and business world. Independent sources had also revealed that the nominee was an honest person who was dedicated to duty. The sources also observed that he was also hard working and strictly kept to time. Considering that he was being nominated for membership on the commission, which essentially dealt with ensuring good governance in public administration, the witnesses believed that his rich professional background should put him in good standing to undertake this important assignment.

Mr Speaker, with regard to Mr Davis Jose Mwanza, records held by the State security agencies show that there are no adverse security concerns that would render the nominee ineligible to be appointed to serve as a commissioner on the commission. Witnesses appearing before your Committee noted that Mr Davies Jose Mwanza had served in the Public Service for many years. In this regard, it was noted that Mr Davies Jose Mwanza was familiar with Public Service laws and regulations and how these related to fair treatment and good administration. Further, enquiries into the standing of the nominee in society revealed that he was a person of good standing. Witnesses of your Committee stated that investigations had confirmed that the candidate was frank, honest, independent and open minded and stood firm on issues of integrity and conducted himself well.

In addition, the nominee’s CV revealed that he had the necessary experience, having held various high positions in the Public Service, including acting as Permanent Secretary for administrative convenience in the Ministry of Labour and Social Security. His background should be an advantage on his part as Commissioner of the Commission for Investigations, and on this basis, his nomination was supported.

Mr Speaker, your Committee, after due and thorough evaluation of the written and oral evidence presented to it by the witnesses and thorough interviews of the nominees, is of the view that all the three nominees are qualified and suitable to serve in the positions they have been nominated for appointment by the President. Your Committee, therefore, recommends that the House ratifies the presidential appointments of Madam Justice Ireen Chirwa Mambilima to serve as Chairperson of the ECZ and Mr Alfred Kwanga Kaweza and Mr Davies Jose Mwanza to serve as commissioners of the Commission for Investigations.

In conclusion, Sir, allow me to place on record the Committee’s gratitude to you, Mr Speaker, for appointing it to undertake the important task of scrutinising the nominees. The Committee is also thankful for the services and advice rendered to it by the Office of the Clerk of the National Assembly during its deliberations. Your Committee further wishes to thank all the witnesses who made both oral and written submissions which assisted it in making an informed recommendation to the House.

Mr Speaker, I beg to move.

Mr Speaker: Does the seconder wish to speak now or later?

Mr Sing’ombe: Now, Mr Speaker.

Mr Speaker, thank you very much for giving me this opportunity to second the Motion. The mover of the Motion has adequately debated it and highlighted all the important issues. However, allow me to just add a few points that I think are very important for this House to consider.

Indeed, Mr Speaker, the presidential and general elections are just around the corner and the presidential appointment of Madam Justice Ireen Chirwa Mambilima to serve as the Chairperson of the ECZ should be supported. However, I wish to state that your Committee had problems in settling down because these appointments were already in the public domain before it could deliberate on them. Most of the people who debated them before this select committee had already convened to deliberate upon these appointments before. Therefore, I wish to ask that such should not be allowed, in future, so that your select committee members go in these meetings with very open minds. At the same time, allow me, also, to thank the Clerk of National Assembly who assisted us to settle down so that we could begin to scrutinise these appointments.

Mr Speaker, the presidential appointment of Justice Irene Chirwa Mambilima should be supported by this House because she added value to the commission when she served under it from 2005 to 2006. Some of the positive changes she brought to the commission are outlined on page 9 of the report as follows:

(i) development of all members of staff in their respective areas of expertise, in order for them to be   conversant with the technological developments in the management of voter registration and the results management system;

(ii) introduction of mandatory tests for all persons wishing to serve as Presiding Officers and Polling Assistants at Polling Stations in order to improve efficiency;

(iii) pasting of Election Results outside each Polling Station in order to promote transparency;

(iv) full operationalisation of the National Voter Education and District Voter Education Committees and Voter Education Facilitators for all Wards to assist in the conduct of voter education at grass root level; and

(v) establishment of a Political Parties Liasion Committee in a bid to strengthen the interaction between the Commission and Political Parties.

Mr Speaker, I know that these measures alone cannot bring about free and fair elections, but I am sure that they can help reduce on the issues of rigging. Therefore, I believe that if this appointment is supported by this House and Justice Mambilima is allowed to head the commission, she will bring about positive change.

Mr Speaker, I also wish to register that some of the witnesses who appeared before the Committee did not manage to give proper evidence and this created gray areas regarding some of the nominees. It also meant that some of the witnesses did not do a thorough job. Therefore, I wish to ask that when His Excellency the President undertakes such appointments, those who are called upon as witnesses should ensure that they carry out proper investigations.

Mr Speaker, some of the witnesses who failed to give evidence were those who worked in very senior positions in both the public and private sector. The failure of these witnesses to avail important information to the Committee meant that they did not take these appointments seriously.

Mr V. Mwale: In conclusion.

Mr Sing’ombe: Mr Speaker, in conclusion, I want to ask the House to support the three nominees because they have the qualities to be nominated to the positions in question.

Mr Speaker, I thank you.

Hon. Members: Hear, hear!                                                                                                                                                                                                                                                                

Mrs Imbwae: Mr Speaker, there is no doubt that your Committee did a very good job gauging by the overwhelming support its findings have received from both sides of the House.

Hon. Members: Hear, hear!

Mr Imbwae: Mr Speaker, I thank you.

Hon. Members: Hear, hear!

Question put and agreed to.

 

__________

BILLS

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in
the Chair]

THE WATER RESOURCES MANAGEMENT BILL, 2010

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretation)

The Minister of Energy and Water Development (Mr Konga): Mr Speaker, I beg to move an amendment in Clause 2,

(a) on page 16, lines 5 to 7, by the deletion of the definition of “protected     
            area”;  

(b) on page 18, after line 21, by the insertion of the following new definition:

                    “water resource area” means a catchment, sub-catchment or geographic
                         area that is declared, by the Minister, as a water resource protection area      
                         under section twenty-nine;”.

Amendment agreed to. Clause amended accordingly.

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

Clause 3, 4, and 5 ordered to stand part of the Bill.

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

CLAUSE 11 – (Constitution of Board)

Mr Konga: Mr Chairperson, I beg to move an amendment in Clause 11,

(a) on page 24,

(i) in line 4 by the deletion of the word “three” before the word “persons” and the substitution therefor of the word “four”;

(ii) after line 15 by the insertion of the following new subparagraph:
“(ii) hydropower”;

(iii) in lines 16 and 17 by the renumbering of subparagraphs (ii) and (iii) as subparagraphs (iii) and (iv), respectively;

(iv) in line 27 by the deletion of paragraph (f) and the substitution therefor of the following paragraph:

“(f) one other person.”;

(v) in lines 28 to 33 by the deletion of subsection (2) and the substitution therefor of the following subsection:

“(2) The Minister shall appoint the members of the Board”; and

(b) on page 25,

(i) in lines 11 to 26 by the deletion of subsections (5) and (6).

Amendment agreed to. Clause amended accordingly.

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

Clauses 12, 13, 14, 15, 16, 17 and 18 ordered to stand part of the Bill.

CLAUSE 19 – (Constitution of Sub-Catchment Council)

Mr Konga: Mr Chairperson, I beg to move an amendment in Clause 19, on page 30, in line 16 by the deletion, immediately after the word “nine” of the word “two”.

Amendment agreed to. Clause amended accordingly.

Clause 19, as amended, ordered to stand part of the Bill.

Clauses 20, 21, 22, 23, 24, 25, 26, 27 and 28 ordered to stand part of the Bill

CLAUSE 29 – (Protected Area)

Mr Konga: Mr Chairperson, I beg to move an amendment in Clause 29,

(a) in lines 5 and 6 by the deletion of the marginal note and the substitution therefor of the following marginal note:

“Water resource protection area”;

(b) in lines 10 to 22 by the deletion of the words “protected area” wherever they appear, and the substitution therefor of the words:

“water resource protection area.”

(c) After line 22 by the insertion of the following subsection:

(4) The powers conferred on the Minister under this section shall not extend to areas declared, or which may be declared, as protected areas under any other written law.

Amendment agreed to. Clause amended accordingly.

Clause 29, as amended, ordered to stand part of the Bill.

Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77 and 78 ordered to stand part of the Bill.

CLAUSE 79 – (Renewal of Permit)

Mr Konga: Mr Speaker, I beg to move an amendment in Clause 79, on page 64, in line 23 by the deletion, immediately after the word “the” of the word “application” and the substitution therefor of the word “renewal”.

Amendment agreed to. Clause amended accordingly.

Clause 79 as amended, ordered to stand part of the Bill.

Clauses 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 and 92 ordered to stand part of the Bill.

CLAUSE 93 – (Protection of Ground Water)

Mr Konga: Mr Speaker, I beg to move an amendment in Clause 93, on page 69, in lines 32 and 33 by the deletion, immediately after the words “declaration of” of the words “protected areas” and the substitution therefor of the words “water resource protection areas”.

Amendment agreed to. Clause amended accordingly.

Clause 93, as amended, ordered to stand part of the Bill.

Clauses 94, 95, 96 97, 98, 99,100,101, 102, 103, 104,105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179 and 180 ordered to stand part of the Bill.

First, Second and Third Schedules, ordered to stand part of the Bill.

Title agreed to.

Hon. Members: Hear, hear!

_________

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bill was reported to the House as having passed through Committee with amendment:

The Water Resources Management Bill, 2010

Report Stage on Wednesday, 9th March, 2011.

THIRD READING

The following Bills were read the third time and passed:

The Anti-Gender-Based Violence Bill, 2010

The Penal Code (Amendment) Bill, 2010

____________

ADJOURNMENT

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, I beg to move that the House do now adjourn.

Questions put and agreed to.

___________

The House adjourned at 1235 hours until 1430 hours on Wednesday, 9th March, 2011.