Debates- Thursday, 3rd March, 2011

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DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Thursday, 3rd March, 2011

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

________

QUESTIONS FOR ORAL ANSWER

REPRODUCTIVE HEALTH POLICY

260. Mr Imenda (Lukulu East) asked the Minister of Health:

(a) when the Government would domesticate the Plan of Action on Reproductive Health Policy which Zambia endorsed at the International Conference on Population and Development in Cairo in 1994; and

(b) what had caused the delay in domesticating this plan of action.

The Deputy Minister of Health (Dr Kalila): Mr Speaker, the Government has put in place domestic measures which are in line with the Plan of Action on Reproductive Health Policy which Zambia endorsed at the International Conference on Population and Development (ICPD) in Cairo in 1994. The Government translated this plan of action by first developing the National Reproductive Health Policy which was approved by Cabinet in 2005. This national policy has further been translated into the maternal neonatal child health (MMCH) road map and guidelines for all the necessary programmes covered in the ICPD Cairo 1994 Plan of Action. Let me now discuss some of the examples.

Repositioning of family planning

Sir, the Government has developed family planning guidelines to increase access to modern family planning methods. Further to this, a commodity security strategic plan is nearing completion. Family planning has also been integrated into anti-retroviral therapy (ART) and sexually transmitted infection (STI) treatment services coupled with the use of community distributors to close up the gap of unmet family planning needs.

Adolescent Health

Mr Speaker, youth friendly services have been revamped under the new adolescent health strategic plan. This plan also addresses the issue of early marriages, family planning and condom programming.

Community Involvement

Mr Speaker, community groups called safe motherhood action groups (SMAGs) together with the civil society work closely with the Government especially on the first delay which is the delay to seek medical care.

Gender Based Violence

Mr Speaker, the Government is in the process of scaling up one stop centres and also sensitising the community health workers and the law enforcers regarding issues of gender based violence.

CARMMZ (Campaign for Accelerated Reduction of Maternal Mortality in Zambia)

Mr Speaker, the African Heads of State meeting under the auspices of the African Union (AU) launched the Campaign for Accelerated Reduction of Maternal Mortality which Zambia has domesticated by engaging the highest political leadership and drawing on public-private partnerships (PPPs) for heightened delivery of high impact interventions targeted at the reduction of maternal mortality and enhanced child survival. Emergency obstetric care remains at the cornerstone of service delivery hence the investment in human resources such as retention schemes and direct entry into midwifery training, alongside providing equipment for the refurbished maternity wings.

Comprehensive Abortion Care

Guidelines in accordance to the Zambian law have been developed and disseminated. 

STIs and HIV

Sir, these are integrated within reproductive health programmes with a strong emphasis on male involvement especially in the prevention of mother to child transmission (PMTCT) programmes.

Mr Speaker, the plan of action has been translated into the domestic measures which the Government has put in place in that the Maternal Neonatal Child Health (MNCH) Roadmap is based on the National Reproductive Health Policy which translates the ICPD Cairo 1994. What has delayed is the dissemination of the National Reproductive Health Policy because the demographic developments were based on the 2001 Zambia Demographic Health Survey (ZDHS), but by the time it was approved, the 2007 ZDHS was being carried out. The only remaining part is to correct these figures before it can be disseminated, but the core content has been translated into programmes and guidelines and that is what the Government bases its annual action plans on.

Mr Speaker, I thank you.

Mr Imenda: Mr Speaker, is it not a fact that a lot of mothers in the rural areas do give birth at home which is still threatening our attainment of the millennium development goals (MDGs)?

Dr Kalila: Mr Speaker, in terms of statistics, only about 42 per cent of our mothers still deliver outside health facilities and the many measures which I have outlined comprehensively are intended at increasing access of our mothers to proper health facilities.

Mr Speaker, I thank you.

Mr Mukanga (Kantanshi): Mr Speaker, what is the Government doing to ensure that it assists the traditional birth attendants (TBAs) to attend to these mothers especially that they are the only ones who are available when expectant mothers are due?

The Minister of Health (Mr Simbao): Mr Speaker, the approach is changing slightly. We are trying by all means to encourage the mothers to deliver at our facilities. For this reason, we have started the SMAGs. These are community groups that encourage all pregnant women in their communities to start attending antenatal and to deliver at our clinics. We have started building mothers’ shelters so that when they are about to deliver, they relocate to our shelters. We have done all this in order to improve the percentage of women who deliver at our clinics. The TBAs are now part of the SMAGs and they do not work in isolation.

I thank you, Mr Speaker.

Colonel Chanda (Kanyama): Mr Speaker, at a conference held in Kampala late last year, which I was privileged to attend, the member states of the AU endorsed that in this sub-region, all member states must make efforts to ensure that no woman should die while giving birth. How much money did the Zambian Government commit to this noble cause?

Mr Simbao: Mr Speaker, probably the hon. Member was not listening when I said all African leaders committed to implement the campaign for  the accelerated reduction of maternal mortality in the region.

The AU was very impressed with this Government’s commitment to this cause that they thought it should be implemented elsewhere. We are the sixth country where a Head of State commissioned this programme. 

I thank you, Sir.

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

Mr Kambwili (Roan): Mr Speaker, American and European women give birth every year and yet we are told to have a child every three or four years. I would like to find out from the hon. Minister what the standard birth spacing approved by World Health Organisation (WHO) is.

Interruptions

Mr Simbao: Mr Speaker, I am not sure what the hon. Member means. Is he saying that a woman delivers a child every year in Europe?

Hon. MMD Members: That is a cow!

Mr Simbao: Mr Speaker, two years is acceptable in Zambia.

Interruptions

Mr Simbao: The woman must have enough time to pick up physically so that she becomes ready for another child.

Interruptions

Mr Simbao: Mr Speaker, there is talk going round that people should only have two children.

In Uganda, the President has advised the people in that country to have as many children as possible as long as they are well-spaced, reason being that we are too few to start talking about limiting the number of children that one woman can have. It would, therefore, be good for our people to understand that the Ministry of Health is ready to deliver their children, only at the right time.      

Hon. MMD Members: Hear, hear!  
              
Mr Lubinda (Kabwata): Mr Speaker, the plan of action on reproductive health is to do partly with access to health delivery services. I would like to find out what the average distance is for a mother in Zambia to access a birth centre and how that relates to the continental average.

Mr Simbao: Mr Speaker, densely populated areas like Lusaka which, according to the recent census exercise, has a population of 1.7 million people, has only twenty-seven clinics and three hospitals. If I go mathematical with this information, everyone is within an average of the 5 km distance to health services. This average distance is the same for the Copperbelt as well.

In continental terms, other countries are worse than we are. We do, however, have certain places in this country where a clinic is 30 or 40 km away. We have been working on this by building a health facility at every school because we understand that every school services a community. We also know that once we fully implement this programme, we are going to be within a reasonable average distance for every family.             

Ms Kapata (Mandevu): Mr Speaker, the construction of mothers’ shelters is a very good idea. I would like to find out from the hon. Minister whether the Government has set aside monies to see to it that more health facilities have mothers’ shelters to ensure that they deliver in a safe place.

Mr Simbao: Mr Speaker, we are starting to construct mothers’ shelters at almost all our health centres. We also want to start constructing labour wards at new clinics before we put up the out patients department. The reason is to try and address maternal mortality head on and ensure that we reduce the number of mothers dying. The Ministry of Health has taken this issue seriously. We are alive to the fact that we cannot do it in one year and that it will take us some time.

Mr Speaker, I thank you.

Mr Chazangwe (Choma): Mr Speaker, poverty levels in rural areas are high. When a woman is pregnant, there are certain food stuffs that she is supposed to eat in order to develop the child and have energy. When will this Government try to help women in rural areas to come up with self-help projects? For instance, the Ministry of Community Development and Social Services can give the women some money so that they may eat well and deliver easily instead of taking this money to Mporokoso where bye-elections are taking place.

Mr Simbao: Mr Speaker, I know that we are in modern times. I also realise that most of us who are here today were born before 1960, including the hon. Member who asked the question.

Mr Shawa: Hear, hear!

Mr Simbao: In my family, like most of the families in Zambia, we are many. There were twelve of us born in one family. None of us were born in a hospital because my father was not well-to-do. The food we have in this country is the right food.

We have been giving our mothers food which has lost all the nutrients because it is highly processed, thinking that we are feeding them properly when we are not. 

Mr Speaker, I thank you.

Hon. MMD Members: Hear, hear!

SOWETO MARKET ROADS

261. Mr Hamusonde (Nangoma) asked the Minister of Local Government and Housing when roads in the Soweto Market area in Lusaka would be tarred.

The Deputy Minister of Local Government and Housing (Mr Muteteka): Mr Speaker, I wish to inform this august House that the Government, through the Ministry of Local Government and Housing and the Ministry of Works and Supply, is in the process of procuring works for the rehabilitation, construction and maintenance of various Lusaka City roads. The works are expected to be funded by the Chinese Government through a bank loan. 

  However, the hon. Member who has asked that question is aware that in order to do a good job, we have to wait until the whether is favourable.  Most of the work, both in the annual work plan and under this project, will commence once the rains have stopped.

I thank you, Sir.

Colonel Chanda: Mr Speaker, it is understood that funding by the European Union (EU) towards the new Soweto Market included the tarring of certain roads around the market. I, therefore, would like to know what happened to that funding.

The Minister of Local Government and Housing (Dr Chituwo): Mr Speaker, I am not aware of that arrangement. The funding from the EU, both for markets here in Lusaka and the Copperbelt, was purely for the structures that have been constructed.

I thank you, Sir.

ZANACO

262. Mr Chongo (Mwense) asked the Minister of Finance and National Planning:

(a) whether the Zambia National Commercial Bank (ZANACO) had any plans of opening a branch in Mwense District following a feasibility study that was undertaken; and

(b) what the social and economic difficulties experienced by the bank’s clients in the district as a result of not having a branch had been.

The Deputy Minister of Finance and National Planning (Ms C.M. Kapwepwe): Mr Speaker, I wish to inform the House that ZANACO has short-term plans of establishing operations in Mwense District, in Luapula Province. Following the feasibility study that was undertaken, ZANACO will first establish its operations through a Zambia Postal Services Corporation (Zampost) outlet, in accordance with the Zampost Agreement where the bank will offer basic banking services.

Mr Speaker, ZANACO is aware of the various social and economic problems that its clients face such as huge transport costs incurred to access banking services at the Mansa ZANACO Branch, which is the nearest ZANACO Branch to Mwense District. Further, civil servants from Mwense, who draw their salaries from Mansa’s ZANACO Branch, end up spending most of their monies in Mansa which results in underdevelopment of the local economy in Mwense.

Mr Speaker, in view of this, ZANACO anticipates that most of the challenges experienced by its clients shall be, in the short-term, addressed by the Zampost Agreement and, in the long-term, by full-scale banking services in Mwense District. However, the latter will depend on whether feasibility studies, in the near future, indicate that business levels in Mwense District can sustain such levels of banking operations.

I thank you, Sir.

Mr Chongo: Mr Speaker, loss of man hours as a result of monthly travels to banking facilities in other districts has, indeed, affected the growth of Mwense District. What is the Government doing to compel not only ZANACO, but also other banks to open branches in Mwense so that the district grows economically?

The Minister of Finance and National Planning (Dr Musokotwane): Mr Speaker, indeed, the listening Government …

Hon. PF Members: Question!

Dr Musokotwane: … has been concerned about the long distances that teachers and other civil servants have to travel to get their salaries and conduct their banking transactions. As a result of this, engagements have been made with a number of banks, including ZANACO. So far, ZANACO has responded the fastest compared to the other banks. As we stand now, you will recall that, since privatisation, ZANACO has opened five new branches. In addition to that, through the arrangement that has just been described ─ the partnership with Zampost ─ by the end of this year, there will be 111 banking agencies throughout Zambia.

At these ZANACO banking agencies, customers will be able to deposit and withdraw money and, indeed, in some of them, automated teller machines (ATMs) will be installed as a first step towards providing banking services throughout the country. So, by the end of this year, there will be 111 such facilities across the country. As a result of that, there will only be three districts in the country that will not have any banking facility of one type or another as the rest will have them. This is why I have said that this is a listening Government which pays attention to the problems of its people and provides solutions as described above.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, it is now forty-seven years after Independence and Mwense has no bank. Will the hon. Minister indicate the timeframe within which Mwense District will have a bank because what is being talked about is a short-term solution.

Dr Musokotwane: Mr Speaker, the answer to that question was provided by the hon. Deputy Minister.

I thank you, Sir.

Mr Simuusa (Nchanga): Mr Speaker, one of the concerns regarding the privatisation of ZANACO was that it was either going to close or would not be able to maintain branches, especially in the far-flung areas like Mwense. Could the hon. Minister confirm that the reason ZANACO is not opening a branch in Mwense is as a result of its privatisation and the lack of political will by the Government.

Dr Musokotwane: Mr Speaker, if the hon. Member had listened carefully, before my last answer, I had indicated that, since privatisation, five new branches had been opened. This is contrary to the fears of those who were demonstrating and causing havoc on the streets with the misconception that the privatisation of ZANACO would create problems.

As I speak, ZANACO has opened a facility for civil servants to borrow money. From what I have been made to understand by the management, it takes a mere five days for a civil servant to apply for a loan and be given money. This is what is happening at ZANACO, which has been privatised, an act that saw hon. Members across the Table creating rallies in opposition to this very positive situation that has arisen.

I thank you, Sir.

Laughter

Mr Chisala (Chilubi): Mr Speaker, the hon. Minister of Finance and National Planning has just highlighted the fact that he belongs to a listening Government. That being the case, I would like to know why his Government has lamentably failed to extend a hand to the people in the rural areas, but instead concentrated on the opening of branches in urban areas.

Dr Musokotwane: Mr Speaker, as the hon. Member was asking that question, I saw Hon. Kakoma smiling broadly. He was trying to conceal his smile, but I could see that he was amused because he is aware that I answered that question just a few minutes ago. I stated that, by the end of this year, there will be 111 banking agencies throughout the country. Most of these will, in fact, be in the rural areas.  This serves to show that we are paying attention to the rural areas.

I thank you, Sir.

Mr Kambwili: Mr Speaker, in view of the fact that there are a lot of man hours lost by employees in private organisations and in the Civil Service when they rush to the bank between 0900 hours and 1430 hours, I would like to find out when this Government will compel banks to open beyond 1430 hours and, indeed, on Saturdays so that people are not inconvenienced.

Dr Musokotwane: Mr Speaker, I wish to thank the hon. Member for that suggestion which we shall present to the Bankers Association of Zambia (BAZ).

I thank you, Sir.

Mr Msichili (Kabushi): Mr Speaker, there are more than 1,000 civil servants in Mwense. Therefore, I would like to find out whether the Government has any plans to compel banks to provide mobile banking services to this area so that people may save their hard-earned money that they spend on travelling to Mansa to get their salaries.

Dr Musokotwane: Mr Speaker, I thought that particular question had been addressed because the banking agencies that are being set up in rural areas are meant to mitigate the hardships of civil servants and other people. We heard that, at the moment, civil servants have to go all the way to Mansa to get paid. When an agency is provided in Mwense, there will be no need for them to go to Mansa unless the banking operation required is something that cannot be undertaken by the bank agency.

I thank you, Sir.{mospagebreak}

MANSA-NCHELENGE ROAD

263. Mr D. Mwila asked the Minister of Works and Supply:

(a) when the Government would rehabilitate the Mansa/Nchelenge Road;

(b) how much money was expected to be spent on the rehabilitation works; and

(c) what had caused the delay in commencing the rehabilitation works.

The Deputy Minister of Works and Supply (Mr Mangani): Mr Speaker, the maintenance of the existing paved and unpaved roads is a priority for the Government. The importance of maintenance is to be able to extend the useful life of a road. The Mansa/Nchelenge Road is a very important and strategic road to the nation. The Government has plans to rehabilitate and maintain sections of the road in order to maintain mobility and accessibility in the region.

The Mansa/Nchelenge Road has a stretch of 240 kilometres. The Government will start periodic maintenance of this road as soon as tender procedures are completed this year. The tenders will be issued in April, 2011 and commencement of works may start in July, 2011. A provision of K8.2 billion has been made available from the Danish International Development Agency (DANIDA) funding in the 2011 Annual Work Plan. The works will extend into 2012 and a total of K69 billion has been earmarked for the Chembe/Mansa/Nchelenge link from DANIDA.

Additionally, the stand-off between the Government and co-operating partners over the Road Development Agency (RDA) matters delayed these works. Nevertheless, this matter has been resolved and DANIDA will finance the rehabilitation works for the Chembe/Mansa/Nchelenge link from 2011 to 2012.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, may I find out from the hon. Minister when this project will be completed since it is starting in July this year.

Mr Mangani: Mr Speaker, it is anticipated that by 2012, we will be able to finish the works.

Mr Muntanga: How?

Mr Chongo: Mr Speaker, the Mansa/Kashikishi Road actually starts from Samfya through Mansa and onward to Kashikishi. This road was partly repaired although potholes have developed again. Can the hon. Minister indicate that that stretch will be redone since the workmanship was not very good?

Mr Mangani: Mr Speaker, the assessment that was made is for the whole 240 kilometres, which includes all the sections he has mentioned. So, we will definitely look at all those areas until the works on the road are completed to good standard.

EUROPEAN UNION LOAN

264. Mr Chisala asked the Minister of Finance and National Planning:

(a) whether the Government contracted a loan from the European Union in August, 2010 and, if so, what the intended purpose of the loan was; and

(b) what Zambia’s external debt was as of 30th September, 2010.

The Deputy Minister of Finance and National Planning (Mr Phiri): Mr Speaker, the Government of the Republic of Zambia did not contract any loan from the European Union (EU) in August, 2010. You may wish to note that the EU only offers grants to the Government and not loans. The Government’s outstanding external debt as at the end of September, 2010 was US$1.2 billion.

I thank you, Mr Speaker.

Mr Chisala: Mr Speaker, roads in most areas, particularly in Lusaka and the Copperbelt, have lost shape, especially those which were constructed during the First Republic. May I know whether the Ministry of Finance and National Planning has any serious plans of acquiring a loan so that these roads can be worked on.

Mr Speaker: The hon. Minister of Finance and National Planning may offer a bonus answer.

Dr Musokotwane: Mr Speaker, indeed, the bonus answer is just to remind the hon. Member of Parliament that a few minutes ago the hon. Minister and hon. Deputy Minister of Local Government and Housing explained extensively about the actions and interventions that are being planned for the urban cities. Therefore, these plans will include the issue that the hon. Member has just raised.

I thank you, Sir.

Mr Chisala: Question 264, Mr Speaker.

Mr Speaker: You have already asked Question 264.

Mr Chisala: Sorry, Mr Speaker.

BULLET PROOF VESTS

265. Mr Chisala asked the Minister of Home Affairs whether bullet proof vests had been procured for police officers countrywide, and if not, why.

The Deputy Minister of Home Affairs (Mr Taima): Mr Speaker, I wish to inform the House that the Government has procured bullet proof vests for the Zambia Police Force.

I thank you, Sir.

Mr Chisala: Mr Speaker, may I find out how these vests have been distributed countrywide.

Hon. Government Members: Aah!

Mr Taima: Mr Speaker, I would like to begin by mentioning that the idea of having these bullet proof vests is not for every police officer to have one, but that they should be kept for special operations and whenever need arises.

Mr Chipungu: Yes!

Mr Taima: Be that as it may, we have already distributed them to all our regions in line with the structure of the Zambia Police Force.

Mr Speaker, I thank you.

Mrs Phiri (Munali): Mr Speaker, may the hon. Minister tell the nation what has happened to the investigations over the money which was used to procure these bullet proof vests. We are aware that the former Inspector General (IG) and the present one were being investigated in South Africa over this issue.  What is the situation at the moment?

Mr Taima: Mr Speaker, that question, important as it may be, is obviously new because the principle question was whether we had bought the bullet proof vests or not and we have said we have since procured them.

I thank you, Mr Speaker.

Mr Muntanga (Kalomo Central): Mr Speaker, now that the Government has bought bullet proof vests for the police officers, when is the Government going to buy rubber bullets since the police officers are the ones shooting at the people.

Mr Taima: Mr Speaker, I wish to inform the hon. Members of this House that we are in the process of procuring not only the bullet proof vests that we have talked about, but several other necessary kits that one might deem necessary for combating riots. Therefore, the rubber bullets, including, of course, tear gas canisters, are obviously among them.

Interruptions

Mr Taima: We are buying various types of equipment which are necessary for combating riots.

I thank you, Sir.

Mr Simuusa(Nchanga): Mr Speaker, I wish to learn from the hon. Minister what it means or what the definition for special operations for which these bullet proof vests will be used is since we have continued losing the lives of our people at the hands of our police officers. What is his comment on that?

Mr Taima: Mr Speaker, I might not be able to delve into the details of what constitutes special operations per se, but there are certain operations that will obviously warrant the use of bullet proof vests by officers on these operations. Among them, of course, would be situations such as a riot or those who may be pursuing robbers. Therefore, different situations will warrant the giving of bullet proof vests to officers involved in such operations.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, I just want to find out from the hon. Minister how much money was spent to buy these vests.

Mr Taima: Mr Speaker, I do not have a specific figure for the vests only because, like I have mentioned, what we are buying is actually an assortment of necessary equipment for combating riots and not only vests. We have for example, water canons that are already in the country and are just waiting for the police officers to be trained and other components to be brought, those also will begin to be used in these operations. Several other pieces, together with bullet proof vests, are being brought in from China.

I thank you, Sir.

Mr Lubinda: Mr Speaker, in view of the fact that almost all operations of the police are risky operations, would I solicit an answer from the hon. Minister on the number of bullet proof vests that were bought which is making it impossible for them to ensure that every police officer has a bullet proof vest? How many bullet proof vests did they buy in relation to the number of police officers in the country?

Mr Taima: Mr Speaker, in line with the resources that were available at the time we were placing this order, we brought in 500 vests …

Hon. Opposition Members: Aah!

Mr Lubinda: Ah! Only for Kabwata.

Mr Taima: … and of course, there are plans to, in due course, bring in some more.

I thank you, Sir.

WILD ANIMALLS

266. Mr Hamusonde asked the Minister of Tourism, Environment and Natural Resources:

(a) when the Government would take measures to ensure that wild animals in national parks such as Kafue National Park and Blue Lagoon do not graze together with cattle; and

(b) what specific measures were envisaged at (a) above.

The Deputy Minister of Tourism, Environment and Natural Resources (Mr Mwangala): Mr Speaker, according to Section 19 of the Zambia National Wild Life Act No. 12 of 1998, domestic animals are prohibited from grazing in the national park. I will repeat that part because it is an important part of the response. Domestic animals are prohibited …

Laughter

Mr Mwangala: … from grazing in the national park.

Hon. Opposition Members: Hear, hear!

Mr Mwangala: This provision of the law is meant to prevent the transmission of diseases between wildlife animals and domestic animals. The provision is also meant to protect resources in the national park such as, pastures from being exploited by domestic animals to the detriment of wild animals. Feza, …

Laughter

Hon. Opposition Member: Feza.

Mr Mwangala: Further, this provision is meant to prevent cross-breeding, where this is possible, between wildlife species and domestic animals.

Mr Speaker, I wish to state that the restriction of the domestic animals grazing in the national park also applies with regards to the Blue Lagoon and entire Kafue Flats. However, in recognition of the traditional practice of the local people, I hope that it is in Namwala, …

Laughter

Mr Mwangala: … of moving animals from one area to another in the Kafue Flats, through a practice known as ‘trashusmase’ …

Laughter

Mr Kambwili: Mwalaisuma, mudala!

Laughter

Mr Mwangala: … transhumance, the ministry does permit the communities living in the game management areas (GMAs) to drive their animals across Blue Lagoon and the Lochnivar National Park to grazing areas outside the parks during the dry season. This is done upon obtaining a permit from the Zambia Wildlife Authority (ZAWA) and the animals have to follow designated corridors when crossing the national parks to avoid cattle interacting with wild animals during the process. Therefore, the Government has already taken measures meant to ensure that wild animals in the Blue Lagoon and Lochnivar …

Laughter

Mr Mwangala: … National Park, do not graze together with cattle.

Mrs Phiri: Hammer!

Mr Mwangala: Mr Speaker, with regard to specific measures, as explained in my response to part (a) of the question, Section 19 of the Zambian National Wildlife Act No. 12 of 1998, prohibits domestic animals, …

Mr Kambwili: Hear, hear!

Mr Mwangala: … I repeat, prohibits them from grazing in the national park.

I thank you, Sir.

Hon. Opposition Members: Obama!

Mr Chazangwe (Choma Central): Mr Speaker, is the hon. Minister aware that the people looking after these cattle are at risk of being killed by game guards?

Mr Mwangala: Mr Speaker, when is the Government going to put in place measures to ensure that wild animals in national parks such as Kafue and Blue Lagoon do not graze together with cattle. The answer is that, according to Section 19 of the Zambia National Wildlife Authority Act No. 12 of 1998, domestic animals are prohibited from grazing in the national park. I do not know about the question of being killed.

I thank you, Sir.

Laughter

Mr Ntundu (Gwembe): Mr Speaker, the question that has been asked by the hon. Member for Choma Central has not been answered by the hon. Deputy Minister of Tourism, Environment and Natural Resources. As hon. Members, we are all aware of that Act. However, the question is: what measures does the ministry intend to put in place to ensure that cattle do not graze with wild animals?

The Minister of Tourism, Environment and Natural Resources (Ms Namugala): Mr Speaker, the hon. Deputy Minister ably dealt with that question. He did say that, upon getting a permit from ZAWA, communities are allowed to move their livestock onto the other side of the national park for the cattle to graze. In addition, to avoid cattle interacting with wild animals, ZAWA ensures that this practice is carried out in consultation with the communities.

Thank you, Mr Speaker.

Mr Simuusa: Mr Speaker, cross breeding between cattle and buffaloes produces a specialised kind of meat which is good, especially for purposes of making biltong. What research is the Government carrying out or in what circumstances is this allowed to happen for that benefit?

Mr Speaker: Frankly, that question is outside Question No. 266.

We move to the next question.

ARVS

267. Mr Ntundu asked the Minister of Health:

(a) how many people were receiving anti-retroviral drugs (ARVs) from the University Teaching Hospital (UTH); and

(b) how much money the Government spent on procuring ARVs annually.

 Dr Kalila: Mr Speaker, there are 1,066 patients currently receiving ARVs from the University Teaching Hospital.

The Government spends between K334 billion and K372 billion on procuring ARV drugs annually. The amounts spent in 2009, 2010 and the estimated amount for 2011 are as follows:

Year           Amount (K)

2009 334,737,779,277.00

2010 372,072,444,501.00

2011 287,190,693,207.00 (estimated amount to be spent)

Total 994,000,916,985.00

Mr Speaker, as can be seen, it is a very expensive undertaking as these figures reflect only the cost of procuring ARVs and not include other related costs such as laboratory tests and the treatment of opportunistic infections. That is why the Government insists on prevention as the most preferred option as it is cheaper than the cost of treatment which, in the long run, is unsustainable.

Mr Speaker, I thank you.

Mr Ntundu: Mr Speaker, are there enough ARVs at the UTH at the moment?

Dr Kalila: Mr Speaker, the answer is very simple. Yes, there are enough drugs.

I thank you, Sir.

Mr Lumba (Solwezi Central): Mr Speaker, we all agree with the hon. Deputy Minister that the exercise of procuring ARVs is very expensive. Is the ministry considering other avenues such as the Sondashi Formula? How far have they gone with this?

Mr Simbao: Mr Speaker, the hon. Member for Solwezi Central has asked an interesting question because the hon. Member is interested in our local formulations. The Government of Zambia is very interested in local formulas. As hon. Members are aware, the Government provided US$56,000 two years ago to investigate the local formulas. There were eight formulas and the Sondashi Formula was one of them. At the moment, that domain is not with the Ministry of Health, but the Ministry of Science, Technology and Vocational Training which is still looking at these formulas. Once it concludes its investigations, it will be made known to the country whether some of these formulas are really effective or not.

Thank you, Sir.

Mr Mukanga: Mr Speaker, with the increase in poverty levels in the country, does the ministry intend to introduce a food pack to go with the ARVs as is the case in countries like Botswana so that the people do not to take the ARVs on empty stomachs?

Mr Simbao: Mr Speaker, I, again, thank the hon. Member for that concern. Yes, we are looking into ways and means in which a package of this sort can be supported. We know that some companies are doing this for their employees. I think it is just a question of ensuring that every person on ARVs and suffering from other diseases eat healthy foods before they take their medicines.

I thank you, Sir.

Dr Machungwa: Mr Speaker, if I heard the hon. Deputy Minister correctly, he gave the figures which were K334 billion for 2009, K372 billion for 2010 and the projected figure for 2011 is K287 billion. Can he explain why the figure for 2011 is much lower than that for last year? Does it mean that the incidence rate for HIV/AIDS has drastically gone down?

Mr Simbao: Mr Speaker, yes, the indication is that the prevalence rate is going down and so is the incidence rate.

Hon. Opposition Members: Aah!

Mr Simbao: We also want to ensure that we promote awareness of HIV very seriously so that we can reduce the number of cases. It is true that we have done very well. We have moved from 26 per cent to 14 per cent prevalence rate. If somebody does not think that this is true, then I do not know what they are looking at. These are figures that have been scientifically proven. If you move from 26 to 27 and are still spending the same amount of money, then something is wrong with your accounts.

As regards the issue of people dying, it must be made very clear. I like this heckling that is going on in the background. It must be made clear that there is no cure for AIDS. If you are sick, …

Hon. Government Member: You die.

Mr Simbao: … you die.

Hon. Opposition Member: Aah!

Mr Simbao: Yes! However, your life can be prolonged if you follow instructions. That must be made very clear. If you are not HIV positive, please make sure you do not become positive.

Hon. Opposition Members: How?

Mr Simbao: By having only one sexual partner and using condoms. That is the best medicine.

Mr Speaker, I thank you.

Mrs Mwamba (Lukashya): Mr Speaker, not so long ago, there was a report that people who were on ARVs were reacting to the ARVs they were taking because the ones they used to take before were no longer available in the countries where they were manufactured. I would like to find out from the hon. Minister whether the ARVs being administered at the moment are up to date.

Mr Simbao: Mr Speaker, I really do not follow the question very well. However, I know that three or four years ago, there was one drug that used to make people have a tingling sensation in the feet and some patients started having difficulty walking The World Health Organisation (WHO) stopped it from being dispensed. There has not been anything like that since. If she is referring to Nevirapine whose stocks were almost running low, the stocks are now very high such that in Lusaka, people are being given three months’ stocks and there is no more worry. I do not know if she was talking about the drug which created problems four years ago.

Mr Speaker, I thank you.

Mr Lubinda: Mr Speaker, there was talk in this House about a company that was intending to come and start producing generic ARVs in Zambia. Could the hon. Minister update this House on the progress on those pronouncements that he partly made.

Mr Simbao: Mr Speaker, generic ARVs are not so simple to produce. Maybe, there are some pharmacies producing them in South Africa. Since we do not buy from there, I would not know whether they are producing them. I do not know anyone doing that south of the equator at the moment. Maybe, Uganda might start producing generic ARVs. However, the point is that it is very difficult to produce generic ARVs because of the WHO prequalification requirement which no pharmacy south of the equator has been able to obtain.

Mr Speaker, there was a company called Pharmacon or something like that that gave hope that they were going to be able to produce ARVs in this country. We tried to support them, but they could not meet the WHO prequalification and have since dropped that effort.

Mr Speaker, I thank you.{mospagebreak}

RURAL ELECTRIFICATION MASTER PLAN

268. Mr Mukanga asked the Minister of Energy and Water Development how much money was budgeted for and spent on the electrification of rural growth centres under the Rural Electrification Master Plan (REMP) from 2006 to 2009, year by year.

The Deputy Minister of Energy and Water Development (Mr Akakandelwa): Mr Speaker, the following is the answer:

 Budget Year Budgeted Amount Zmk Amounts Disbursed (Spent) Zmk 

 2006 11,660,000,000.00 11,660,000,000.00

 2007 21,910,000,000.00 13,614,055,645.00

 2008 26,125,430,200.00 22,117,040,000.00

 2009 88,844,112,000.00 68,905,216,000.00

Mr Speaker, I wish to mention that from the above disbursed amounts, a number of schools, rural health centres, chiefs’ palaces, rural growth centres, trading centres and local courts were electrified to improve the lives of the communities in the rural areas.

Mr Speaker, I thank you.

Mr Mukanga: Mr Speaker, the target of the REMP was to increase access from 3 per cent to 51 per cent by 2030 with an annual expenditure of K220 billion. I am wondering whether, with those levels of disbursements, we are going to achieve the target that we have set.

The Minister of Energy and Water Development (Mr Konga): Mr Speaker, indeed, REMP indicates that the Government should spend in excess of K220 billion to move this country from the level where it is to about 50.06 per cent 2030. However, the budgeted figures have been increasing annually. Secondly, some of the disbursements have not been made. If the House will recall, just last year, the budget for rural electrification increased from what it was to K150 billion. Therefore, the Government is making efforts to move towards the figure of K220 billion disbursements so that we can achieve the electrification targets that we have set.

Mr Speaker, I thank you.

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, a place called Mwata in Chasefu Parliamentary Constituency was one of the growth points that were supposed to benefit last year. May the hon. Minister tell the people of Chasefu, through this House, how much money has found its way to Chasefu Constituency in the direction of rural electrification?

Mr Konga: Mr Speaker, the question on the Order Paper relates to how much money was budgeted for the electrification projects under REMP. If the hon. Member has a question on Chasefu, we will be most glad to receive it so that we can answer it appropriately.

Mr Speaker, I thank you.

Mr Ntundu: Mr Speaker, there is a school in Gwembe called Nakanjele, which was also budgeted for under this programme. The electricity poles were erected up to the school but,up to now, the poles have been standing for the past four years. I would like to find out from the hon. Minister – he is looking somewhere else and is not even …

Mr Speaker: Order! I am listening. Address me.

Mr Ntundu: Mr Speaker, I would like to find out whether the hon. Minister is aware that electricity poles were erected at Nakanjele School in Gwembe and that up to now, works have not been completed.

I thank you, Sir.

Mr Konga: Mr Speaker, as I indicated earlier on, the Government is aware of various places where the Rural Electrification Programme is being undertaken. However, the question on the Order Paper was specifically looking at the budget for the programme. We would be glad to receive a query from the hon. Member for Gwembe and we will answer it appropriately.

I thank you, Sir.

KAMFINSA SCHOOL OF PUBLIC ORDER AND MAINTENANCE

269. Dr Machungwa asked the hon. Minister of Home Affairs:

(a) whether there had been any improvements or rehabilitation of the infrastructure at the Kamfinsa School of Public Order and Maintenance from 2009 to December, 2010;

(b) if so, what improvements had been done; and

(c) what plans the ministry had for the school in the next five years.

Mr Taima: Mr Speaker, I wish to inform the House that there have been improvements of infrastructure at Kamfinsa School of Public Order and Maintenance from the year, 2009 to December, 2010.

Sir, in this regard, let me take this opportunity to thank Mopani and Konkola Copper mines for having assisted us.

Mr Speaker, the office block and the parade square were rehabilitated at Kamfinsa School of Public Order and Maintenance.

In addition, the ministry plans to rehabilitate the existing infrastructure and construct houses and a dining hall at the school within the Fifth National Development Plan (FNDP) which runs from this year to 2015.

I thank you, Sir.

Dr Machungwa: Sir, the state of infrastructure at this school is a health hazard, particularly, the dining hall and the ablution blocks. Is the Government not willing to consider some emergency funding to address some of these very critical issues?

Mr Taima: Mr Speaker, we are aware of the deplorable state in which most of our infrastructure at this school is in. This was augmented by the visit by a parliamentary committee which brought out a very detailed report on their findings. We budgeted for such works generally under the bettering of the infrastructure for the Zambia Police Service which Kamfinsa is a part of. We might not exhaustively look at all the problems within this year, but as we have said, we will start with some works this year and continue over the next couple of years.

I thank you, Sir.

Mr Chisala: Mr Speaker, last year, when we visited the school in question, we discovered that the area where it is located had been encroached upon. May I know when the Government will move in to correct the situation?

Mr Taima: Mr Speaker, I do not have an update on that specific question because we are just focusing on the current state of infrastructure as regards its deplorable state.

I thank you, Sir.

LUWINGU HEALTH CENTRES

270. Mr Chota (Lubansenshi) asked the Minister of Health when the following rural health centres in Luwingu District would be provided with qualified medical personnel.

(a) Luena;

(b) Ndoki;

(c) Shimumbi;

(d) Laurent Chita; and

(e) Njoko.

Dr Kalila: Mr Speaker, the current establishment of various workers at the health facilities is as follows:

Health Centre            Approved Structure    Staffing in Post       Variance 

Luena Rural Health Centre

Environmental          5     2    3
 Health  Technologist    
 
Ndoki Rural Health Centre

Zambia Enrolled          5    1     4  
Nurse     
 
Shimumbi Rural Health Centre

Zambia Enrolled Nurse      5   1    4

Laurent Chita Health Post

Zambia Enrolled Nurse   3   1    2

Njoko Rural Health Centre

Zambia Enrolled Nurse           5   1  4

Mr Speaker, the filling of positions to reduce the variance between the approved establishment and the staff in post at Luena, Ndoki, Shimumbi, Njoko Rural Health centres, and Laurent Chita Health Post, and, indeed, all health facilities countrywide is being done in phases.

Sir, the Government sets aside funds in the National Budget for the recruitment of health workers each year. This year, the Government has set aside K56.2 billion for the recruitment of health workers. We expect that through this exercise, more health workers will be sent to Luwingu District.

Mr Speaker, the House may further wish to know that the Government, through the Ministry of Health, has established the Community Health Worker Strategy. Through this strategy, the ministry will be training community health workers who will be deployed to health posts in rural areas. The role of these health workers will be to provide promotive, preventive and curative services at health posts and local communities.

I thank you, Sir.

Mr Chota: Mr Speaker, there is a huge variance between the authorised and approved establishment. Not only that, these healths posts are not manned by trained and professional staff. Some of them are security guards and cleaners.

Mr Speaker: Order!

Mr Chota: Can you refer to these people as qualified staff?

Mr Simbao: Mr Speaker, the composition of these structures is that one person must be a nurse while the other one, an environment technician. Then two people must be cleaners and one person must be a guard. That is how the establishment comes to five.

Sir, at all these health centres and posts, a qualified person, who is an enrolled nurse has been posted, except for Laurent Chita and Njoko where these two people are undergoing orientation at the district hospital, but they have been posted to these health posts.

Mr Speaker, of course, the cleaners are not qualified medical  personnel, but are part of the establishment.

I thank you, Sir.

LUAMPA HOSPITAL

271. Ms Limata (Luampa) asked the Minister of Health when the ministry would provide the following items to Luampa Hospital:

(a) beds and mattresses;

(b) bed sheets; and

(c) blankets.

Dr Kalila: Mr Speaker, the Government, through the Ministry of Health, appreciates the need to provide beds and mattresses to all health facilities in Kaoma District, including Luampa Mission Hospital.

Sir, to this effect, the ministry has procured 205 mattresses to be distributed to all the health facilities in Kaoma District. Seventy of these will be distributed to health centres under Luampa Catchment Area such that Luampa Mission Hospital will be a beneficiary.

Mr Speaker, the beds for Luampa Mission Hospital will be procured in phases, within this year, using operational grants that the Government will provide to the Kaoma District Health Office.

Mr Speaker, the House may further wish to note that the Government is aware of the need to provide most of our health facilities countrywide with blankets, bedsheets, pillows and mattresses in regular intervals. In response to this need, Government plans to spend about K4,107,105,000 this year to procure blankets, bedsheets, pillows and mattresses for all the hospitals countrywide. The tender process has commenced and as soon as it is completed, the items will be procured and distributed to all the provinces in the country. Health facilities in Kaoma District, including of Luampa Mission Hospital, will also benefit from this Government initiative.

Mr Speaker, I thank you.

Ms Limata: Mr Speaker, the hon. Minister has told us about what will be done this year which he also talked about last year. When is what he has talked about going to really be done?

Laughter

Mr Simbao: Mr Speaker, I thank the hon. Member for Luampa for that concern. The lack of linen or the poor linen that we have in our hospitals is our concern too. We would like to satisfy all the requirements of our hospitals as soon as possible. I, therefore, would like to assure the hon. Member that the process of procurement has started. She can check in today’s newspapers. We are advertising for the supply of about 4,900 blankets and 4,900 bedsheets.

If we cannot have someone to supply this linen, then we will still have problems as to how we can meet this need. We are very concerned with regards to meeting this need. That is why we put K4 billion in our Budget for that exercise. I hope we will manage to get all these requirements.

Mr Speaker, I thank you.

MWENSE DISTRICT COUNCIL

272. Mr D. Mwila asked the Minister of Local Government and Housing:

(a) how much money was released as grants to Mwense District Council in 2010;

(b) whether the money was used for the intended purposes; and

(c) what the total debt of Mwense District Council was as of September, 2010.

Mr Muteteka: Mr Speaker, the Government released a sum of K923,360,945.12 as grants to Mwense District Council as at 31st October, 2010.

        Type of Grant                                                        Amount (K)
Grants in lieu of rates             K100, 000,000

Recurrent Grants:
 Institutional Component   375,000,000

 Service Delivery Component  287,563,836

Restructuring Grant (Retirees Benefits) 160,797,109

Sir, all the grants disbursed to councils are specific in nature and conditions regarding their utilisation are clearly stipulated before the money is released. However, the question as to whether the funds have been utilised accordingly will only be confirmed when an audit is conducted.

The total debt of Mwense District Council as at 30th September, 2010 is K385,527,147.88 and as tabulated below:

          Debt                                          Amount (K)
Retirees benefits  36,160,354.88

ZRA/PAYE                                 183,511,307.00

LASF                                             82,225,924.00

NAPSA                                          53,619,810.00

Workers’ Compensation                30,009,752.00

Total                385,527,147.88

Mr Speaker, I thank you.

Mr Chongo: Mr Speaker, the hon. Minister has indicated that it is not possible to establish whether the money has been used for the intended purposes because no audit has taken place. Previous audits have revealed that there are serious anomalies with regard to how Mwense spends money as a district council. What interventions did your ministry put into place to ensure that the 2010 funding was properly used instead of waiting for audit reports before taking action?

Mr Muteteka: Mr Speaker, I want to mention here that the Ministry of Local Government and Housing has put in place very strict financial regulations and instructions to be followed by all local authorities. We always send auditors to all the councils. The procedure is that when you are cited in the audit report, we take it to the police so that they take action. All those local authorities who are found to be appearing in the audit reports must learn that the law is there and we are going to apply it accordingly.

I thank you, Sir.

LINT COMPANY OF ZAMBIA

273. Mr Mwango (Kanchibiya) asked the Minister of Finance and National Planning:

(a) how many employees were retrenched by the Lint Company of Zambia in 1992;

(b) how much money was owed to the former employees as retrenchment packages; and

(c) when the Government would pay the former employees.

Ms C. M. Kapwepwe: Mr Speaker, I wish to inform the House that about 1,250 employees were retrenched by the Lint Company of Zambia (Lintco) in 1992.

Sir, from a legal point of view, the Government does not owe the former employees of Lintco any money as retrenchment packages. However, the Government, as a shareholder, appointed the Administrator-General and Official Receiver as liquidator of Lintco to deal with all incidental matters after the liquidation of the company. Further, available information indicates that all the assets of Lintco were sold and proceeds have been paid out as terminal benefits to the ex-employees of Lintco.

Mr Speaker, as indicated above, legally the Government does not owe the former employees retrenchment packages.

Mr Speaker, I thank you.

_______

 BILLS

FIRST READING

THE FISHERIES BILL, 2011

The Minister of Livestock and Fisheries Development (Mr Machila): Mr Speaker, I beg to present a Bill entitled the Fisheries Bill, 2011. The objects of the Bill are to:

(a) provide for appointment of the Director of Fisheries and fisheries officers and provide for their powers and functions;

(b) promote the sustainable development of fisheries and a precautionary approach in  fisheries management, conservation, utilisation and development;

(c) establish fisheries management areas and fisheries management committees;

(d) provide for the regulation of commercial fishing and aquaculture;

(e) establish the Fisheries and Aquaculture Development Fund;

(f) repeal and replace the Fisheries Act of 1974; and

(g) 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 Agriculture and Lands. The Committee is required to submit its report on the Bill to the House by Friday 28th 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.

THE IONISING RADIATION PROTECTION (Amendment) BILL, 2011

The Minister of Health (Mr Simbao): Mr Speaker, I beg to present a Bill entitled the Ionising Radiation Protection (Amendment) Bill, 2011. The object of the Bill is to amend the Ionising Radiation Protection Act, 2005, so as to ─

(a) revise the licensing provisions; and

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

I thank you, Sir.

Mr Speaker: The Bill stands referred to the Committee on Energy, Environment and Tourism. The Committee is required to submit its report on the Bill to the House by Friday, 18th 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.

SECOND READING

THE ENVIRONMENTAL MANAGEMENT BILL, 2010

The Minister of Tourism, Environment and natural Resources (Ms Namugala): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, I wish to thank you for according me this opportunity to highlight the key elements of the Environmental Management Bill, 2010, whose main aim is to repeal and replace the Environmental Protection and Pollution Control Act (EPPCA) of 1990. The EPPCA mainly deals with prevention and control of pollution. This is because it was enacted at a time when environmental and development issues were not well-integrated.

This Act is weak on management of other aspects of the environment such as natural resources, in general, and in terms of mainstreaming environment into the overall developmental process. The House may be aware that environmental issues have evolved at a very fast rate, especially with emerging issues such as climate change.

Mr Speaker, the standard practice, internationally, has been to upgrade environmental legislation alongside the evolving environmental issues.

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.  

[MR SPEAKER in the Chair]

Ms Namugala: Mr Speaker, the proposed Environmental Management Bill takes into account the many multilateral agreements to which Zambia is a party, and attempts to domesticate these agreements, which was not the case with the EPPCA. The Environmental Management Bill, therefore, attempts to address all the weaknesses that have been observed in the now outdated Environmental Protection and Pollution Control Act of 1990.

Mr Speaker, the key elements of this Bill are:

(i) the integration of environmental management and the sustainable use of natural resources while protecting and conserving the environment as well as mainstreaming environmental issues in all development processes;

(ii) whereas the EPPCA only provides for the Environmental Impact Assessment (EIA), this Bill will provide for Strategic Environmental Assessments (SEA) which assess the cumulative impact of activities, projects, programmes and policies on the environment. This provision entails that development plans and policies will be required to incorporate details of how environmental issues will be managed during the implementation process of such projects, and programmes at macro level;

(iii) further, the Bill provides for both public participation in environmental decision-making and access to environmental information which is critical and essential in environmental management;

(iv)  the Bill also introduces the principle of extended producer responsibility, which places a duty on a waste generator to minimise the waste through treatment, reclamation, re-use, recycling and recovery. This provision will empower the agency to regulate the management of waste such as plastics and conical cartons which are currently a challenge to manage and the producers such materials have to be responsible for their management. We have a particular problem with the management of packaging material of opaque beer; and

(v) the House should note that this Bill empowers the authority to issue orders to polluters upon request by members of the public. You will note that, currently, polluters can only be sued for criminal acts of polluting and that, with the existing legislation, the penalties have been minimal and members of the public have complained about this. We have, therefore, strengthened the law so that polluters can be sued for civil damages in order to compensate for such pollution to the environment and the health of our people. With this provision, the principle of polluter pays will be fully applied.

In conclusion, Sir, I would like to state that the Environmental Management Bill, 2011 is superior to the Environmental Protection and Pollution Control Act as it embraces environmental management as well as protection and control. It also takes into consideration emerging environmental issues, at both local and regional levels, in order to promote sustainable development and protect the health of our people.

Mr Speaker, I beg to move.

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

Mr Chanda (Kankoyo): Mr Speaker, your Committee was informed that the current Environmental Protection and Pollution Control Act, Cap. 204 under the Laws of Zambia was enacted in 1990 and has since been subjected to one amendment to fill some gaps identified at that time. Your Committee further learnt that environmental issues at the international level had rapidly evolved with emerging issues such as climate change. In this regard, Cap. 204 of the Laws of Zambia has become outdated and nearly redundant not only in content, but also in its ability to address environmental issues on the ground.

Sir, it is noted that the current Act does not address the pertinent issue of compensation for people who suffer the negative consequences of pollution as the penalties have become redundant over the years. The most vivid example is the case of pollution by Konkola Copper Mines PLC, in which the Environmental Council of Zambia has successfully prosecuted the company. However, the resultant penalties, which were the highest for each count, were inconsequential to the company and of no real value to those affected by the pollution.

Mr Speaker, it is against this background that the Environmental Management Bill of 2010 was introduced to take into account the aforementioned issues as well as other wide ranging environmental issues.

Sir, your Committee learnt that the major difference between the Environment Protection and Pollution Control Act, Cap. 204 under the Laws of Zambia and the new Bill is that the current Act focuses on the ‘brown environments’ that is, the prevention and pollution control. However, it is weak on the management of other aspects of the environment, including natural resources in general, ‘green environment’. This Bill is, thus, a shift towards sustainable development through environmental management as opposed to being limited to protection and pollution control only.

Mr Speaker, the Bill also provides for the environmental funds to be used for the conservation of biodiversity hot spots and rehabilitation of degraded areas that are outside the jurisdiction of public institutions for the common good of the people.

In short, Sir, the Bill intends to repeal and replace the Environmental Protection and Pollution Control Act, Cap. 204 under the Laws of Zambia. The Bill will, among other things:

(i) provide for the integrated environmental management of natural resources while protecting and conserving the environment;

(ii) provide for strategic and environmental assessment on various activities;

(iii) provide for public participation in environmental decision-making and access to environmental information; and

(iv) to facilitate the implementation on international environmental agreements to which Zambia is a party.

Mr Speaker, the objects of the Bill are to:

(a) continue the existence of the Environmental Council and re-name it as the Zambia Environmental Management Agency;

(b) provide for integrated environmental management and the sustainable management and use of natural resources;

(c) provide for the preparation of the State of the Environment Report, environmental management strategies and other plans for environmental management and sustainable development;

(d) provide for the conduct of strategic environmental assessments of proposed legislation, policies, plans and programmes likely to have an impact on environmental management;

(e) provide for prevention and control of pollution and environmental degradation;

(f) provide for public participation in environmental decision-making and access to environmental information;

(g) establish the Environment Fund;

(h) provide for environmental audit and monitoring;

(i) facilitate the implementation of international environment agreements and conventions to which Zambia is a party;

(j) repeal and replace the Environmental Protection and Pollution Control Act, 1990; and

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

Sir, twelve stakeholders submitted before your Committee and all of them where in support of the Bill. However, they raised concerns some of which are set out below.

(i) Clause 11(1) Board of Agency

A number of stakeholders were of the view that they needed representation on the board of the agency due to the key role which they played in relation to the environment;

(ii) Clause 11(2) Appointment of Chairperson and Vice-Chairperson of the Board by the Minister

Most stakeholders were of the view that the Chairperson and Vice-Chairperson of the board should be elected by the board members and not appointed by the minister. In the alternative, some felt that the Minister could appoint the Chairperson, but that the board should elect the Vice-Chairperson from amongst its members. The stakeholders felt that the above would allow for checks and balances as the Minister already had powers to appoint board members;

(iii) Clause 32(1) Prohibition of Discharge into the Environment

A stakeholder stated that this section which prohibits pollution by non-licence holders necessarily implies that licence holders can pollute, thereby contradicting the key guiding principles in Clauses 6(d) and (h). In this regard, strict liability should attach to all persons who are responsible for pollution;

(iv) Interpretation of Environmentally Sensitive Areas

Another stakeholder stated that the definition of environmentally sensitive areas should take into account existing legal and institutional mandates such as that of the National Heritage Conservation Commission; and

(v) Clause 27(1) Conservation of Biological Diversity Insitu and Exsitu

The unique biodiversity in heritage estates should be managed in such a manner that the National Heritage Conservation Commission shall continue to identify and assign heritage significance to unique sites of heritage value in all areas in Zambia whilst taking cognisance of the institutional mandates of other stakeholders.

Mr Speaker, in supporting the Bill, your Committee observed that a number of stakeholders want to be included on the Environmental Management Agency Board.

Sir, the Committee is of the view that the composition of the Environmental Management Agency Board should be maintained at the current number or lower to minimise the cost of the sector. In this regard, care should be taken to ensure that composition is used to cater for all interest groups in the sector as they cannot all be accommodated on the board.

Mr Speaker, your Committee is of the opinion that the independence of the Environmental Management Agency Board will be questioned, if as in the Bill, the Minister will have power to appoint all the members as well as choosing the Chairperson and Vice-Chairperson of the board. This will be compounded by the fact that Clause 112(1) allows for appeals to the board by any aggrieved person to subsequently end up as an appeal to the Minister in the event of the board’s refusal.

In this regard, your Committee recommends that the Chairperson and Vice-Chairperson of the Environmental Management Agency Board should be elected by the board members from amongst their numbers.

Your Committee is of the view that there is potential for an overlap of issues and responsibilities between the Environmental Management Bill and the Water Resources Management Bill. They, therefore, urge the Executive to ensure that there is harmony and cohesion between the Environmental Management Bill and the Water Resources Management Bill to avoid conflict and overlap.

Mr Speaker, your Committee wishes to pay tribute to all stakeholders who appeared before it and tendered both oral and written submissions. Your Committee also wishes to thank you for the opportunity to study the Bill. Your Committee is also indebted to the Office of the Clerk of the National Assembly for the services provided.

I thank you, Sir.

Mr Muntanga (Kalomo Central): Mr Speaker, I rise to support the Bill. Sir, it is very good to note that now we are upgrading the Environmental Management Bill to replace the old one.

Mr Speaker, the only concern I have is that in this Bill, there is already a provision for the hon. Minister, as is always the case, to have powers to issue a statutory instrument to regulate the Bill in one way or another. The problems we have been having on environmental matters are usually caused by the hon. Ministers’ interference like in the case of the Zambezi Oil Transport Company (ZOT) in Ndola. The Environmental Council of Zambia (ECZ) advised that we should not allow ZOT to put up fuel tanks by the side of the road under Zambia Electricity Supply Corporation (ZESCO) pylons, but because the then hon. Minister had an interest in ZOT, the advice was overruled.

Mr Speaker, the Committee on Energy, Environment and Tourism went there and advised that they should not be erected, but they went ahead to put those tanks near the road and under ZESCO pylons. ZOT is no more, but the tanks are still there by the roadside. There was advice that we should not have the Steel Company in a residential area in Kafue and there were protests, including the community itself, but interested parties went to the powers that be and the voice of the people and that of the experts at ECZ was overruled. They went ahead and put up that development which is an environmental hazard in that area.

Mr Speaker, there are a number of places where advice that can help to maintain a good environmental position has been ignored. We can make rules or upgrade them, but if the people who are in charge, because of certain interests ignore the expert advice, the laws we are making will be meaningless. There is more serious need now to adhere to expert advice because of climatic change. We want to appeal to the hon. Ministers now and those who will come after that they should take the laws seriously and not use the powers that allow them to make regulations to change laws that are made to protect the environment for their selfish ends. The lessons of ZOT in Ndola and elsewhere should open the eyes of the hon. Minister to whether his predecessor did well to ignore expert advice.

Mr Speaker, I support this Bill and want to remind the Government that this Bill is for all of us. Whatever position you are in and whatever powers you may have at a given time, do not ignore the expert advice to save the environment.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, I thank you very much for giving me this opportunity to contribute to the debate on this Bill.

Mr Speaker, I will be very brief in my contribution to the debate and confine myself to Part 10 of the Bill, in particular Clauses 112 and 115. In Clause 112, those who are aggrieved by the decision of the agency can appeal to the board. There is something pleasing about this Clause in that it allows members of the public or any interested individual to appeal to the board or even further to the hon. Minister if they think that a certain development, project or industry to be set up will not adequately protect the environment and the people from the adverse effects of such an environment.

Mr Speaker, that is commendable because we did not have this in the Environmental Protection and Control Act we had before. However, this also allows developers or institutions to appeal against the decision of experts at the agency to the board and the board can decide to reverse what was decided by the agency. It even gets worse because whoever is aggrieved by the decision of the board can also appeal to the hon. Minister. What we have had in the past, and as my colleague Hon. Muntanga has adequately explained, created problems where the ECZ decided that a certain development should not go ahead because it endangered the environment and public safety or did not comply with many statutes on our books, but when it went to the hon. Minister, the decision of ECZ was reversed.

Mr Speaker, previously, we argued that the hon. Minister did not have the power to overturn such decisions because the Act did not so provide, but a statutory instrument did and what has been done now is that the power has been given in the Act for the hon. Minister to reverse any decision. It can be argued that there are some developmental issues where the hon. Minister should intervene, I accept that point of view. However, our experience, in the recent past, has been that developments such as in the case of ZOT which were not really that developmental and which quickly closed were allowed to go ahead in spite of the fact that the development was in conflict with five laws in our statute books.

Mr Speaker, in this particular Act, it even gets worse and I would like to quote from Clause 15, Sub Clause 2. This is when an individual or company has appealed to the hon. Minister. It says:

“In determining a review application, the Minister:

(c) shall have regard to, but is not bound by the findings and the commendations of the person conducting the inquiry.”

In other words, if an inquiry was conducted and it is determined that such a project would be inimical to the health of the people or would endanger the environment, the hon. Minister can actually ignore that he or she is not bound to follow that determination. That is very dangerous because we are giving a carte blanche to the hon. Minister to be able to decide as he or she pleases, depending on whatever criteria he or she may wish to use. In this regard, although this Bill has very progressive provisions which were not in the previous Act, it is risky.

  This is why I support the view by the Committee which says that giving the hon. Minister power to appoint the chairperson of a board whose decisions the hon. Minister is going to review is not desirable. Giving the hon. Minister these powers means that we are saying the hon. Minister is appointing the chairperson of the Appeals Board but, again, will have a second bite at the cherry when an appeal is made to the hon. Minister. We need some kind of independence in the way decisions are made. I would suggest that that particular clause be looked at again, otherwise I support the Bill.

I thank you, Sir.

Major Chizhyuka (Namwala): Mr Speaker, I welcome this Bill. I think that it provides a positive development to the previous Bill which dealt with the ECZ and has, by and large, addressed many issues which were left out in the clauses of its predecessor.

I want to comment very briefly on the idea to have the hon. Minister appoint the chairperson and vice-chairperson of the Appeals Board and yet, later on, the hon. Minister is the appellant authority in the event of a decision by the board which is not welcomed by a person who thinks that the decisions has not gone well. This implies that the chain of these three people, that is the chairperson, vice-chairperson and the hon. Minister will just be representing one person; who is the hon. Minister because he or she will be the appointing authority. I think that is where I find a lot of controversy and if there is room to rethink that, we probably need to do so, especially with regard to the appointment of the vice-chairperson.

Mr Speaker, I am laying this emphasis because the crucial issues regarding the environment will always involve multi-million dollar and multi-billion kwacha projects. For instance, we are talking about the establishment of a multi-facility economic zone (MFEZ) in Lusaka East. The information available from the most learned sons of the soil, some of whom are even professors, indicates that we should not put up an MFEZ there. We have asked our sons and daughters to go and achieve the highest level of proficiency in education and they have done geological surveys, taken samples and made strategic appreciations and yet, at the same time, an MFEZ is being built there because there are certain multi-million dollar interests.

Another example is that of a milling company in the middle of Cairo Road which has been discussed in this House. This is another multi-million kwacha project. Is it environmentally correct to have a milling company in the middle of the busiest street in our land? Therefore, if we do not correctly balance the men and women who are going to manage this Appeals Board, then we will find that the decisions that will come out, all the time, will not allow collective debate in order to arrive at a solution.

The example that Hon. Muntanga has raised regarding the Kafue Plant is yet another multi-million dollar project. The discharge of nitrogenous chemicals in the Kafue River has created the Kafue weed which has almost congested the river and created another kind of bush on the Kafue Flats, making it almost impossible for the lechwe to survive naturally. The issue of industrial discharge is being dealt with in this Bill, and yet the personnel at the top of the agency that is going to be dealing with appeals will be appointed by one person. 

Mr Speaker, I fear that there is an imbalance and think if there is an area of correction, it is at the level of chairperson and vice-chairperson. There are many issues of concern, including environmental degradation in the Zambezi Valley. If you go to Lusitu, you will see the desertification characteristics associated with the creation of the Kariba Dam. At the time we have an organisation of people who are going to deal with multi-million dollar projects, it is important that we have a balance in terms of the manpower that is associated with making critical decisions. Certain decisions are very critical with respect to the environment. I had thought that the hon. Minister would relieve herself of some powers regarding appointments preferably the vice-chairperson so that we have a tendency to have an equilibrium in terms of the debates that are going to arise as a result of this matter.

I thank you, Mr Speaker.

Ms Namugala: Mr Speaker, I wish to thank the hon. Members of Parliament who supported this Bill and I also take note of the issues that they have raised. The critical issue that is being raised is that of appeals and the power of the hon. Minister to overrule the decisions of the Appeals Board. I acknowledge that there have been some decisions that were taken and maybe these decisions were not in the interest of the country at the time.

Mr Speaker, however, I want to say that hon. Ministers are expected to always take into account the interest of the people of Zambia. The issue of development and environmental protection is a very sensitive one that requires a balance. Hon. Members of Parliament will agree with me that the country needs to create wealth in order to be able to employ the many women and men who require jobs. In order for this to happen, we need to ensure that a balance is maintained between environmental protection and economic development. We cannot ensure that our economy grows if we are going to stand in the way of development and use environmental protection as an excuse.

As the hon. Minister in charge of environment, it is, therefore, the duty of every person in this portfolio to ensure that while we are taking care of the environment, we allow development to take place. It is the money that is going to be generated from these developments that is going to pay all of us and ensure that our children go to school, we provide those health facilities that we all call for and provide resources for the Constituency Development Fund (CDF).

Mr Speaker, I want hon. Members of Parliament to understand that every new investment that comes into this country makes us better off, but it is always at a cost to the environment. Our role is to balance these two sides of the same coin so that the cost to the environment is not beyond its assimilative capacity. That is something that we try to do in the Ministry of Tourism, Environment and Natural Resources. While protecting the environment, we must ensure that economic development is not undermined.

Mr Speaker, let me just give you an example. I stood on the Floor of this House to acknowledge that I had overruled the ECZ when it stopped the works at Manda Hill. However, because it was in the interest of the economic development of this country hence the decision I made. As we speak, Manda Hill is complete, employing people, generating wealth and giving us a good name to investors out there.

Mr Speaker, let me now look at the issue of the appointment of Chairman and Vice-Chairman or Chairperson and Vice-Chairperson of the agency. The agency will be carrying out delegated functions on behalf of the Government. It is in the interest of the Government to ensure that the agency is guided in terms of policy. This provision of appointing the Chairperson and Vice-Chairperson is common in most Acts of Parliament that have been passed by this House.

Mr Speaker, I want to say this, as Ministers of Government, we carry the responsibility to ensure that, at the end of the day, we are accountable to the people of Zambia. We carry that responsibility now on this side of the House and do not look at it as a provision meant to serve this side of the House because, and God forbid, it might not be me but somebody else. This provision …

Mr Lubinda: Why God forbid?

Ms Namugala: God forbid that you will ever be in Government to provide the guidance that we are providing.

Laughter

Mr Shakafuswa: Lubinda, Information Minister, iwe.

Mr Lubinda: Gonakuzingwa.

Mr Shakafuswa: Tinajayila tinankhalako kudala.

Ms Namugala: Mr Speaker, we carry the responsibility to ensure that the country attains the levels of development that are going to ensure that the poverty levels in this country are reduced. That responsibility requires that, sometimes, we make decisions that might appear to be unpopular or, indeed, be unpopular to the public but in the interest of the people of Zambia.

Mr Speaker, with these remarks I thank you.

Hon. Government Members: Hear, hear!

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

Committed to a committee of the Whole House.

Committee on Friday, 4th March, 2011.

REPORT STAGE

The Anti-Gender-Based Violence Bill, 2011

The Penal Code (Amendment) Bill, 2011

Report adopted.

Third Readings on Friday, 4th March, 2011.

THIRD READING

The following Bill was read the third time and passed:

The Juveniles (Amendment) Bill, 2011

_________

MOTION

ADJOURNMENT

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

Question put and agreed to.

__________

The House adjourned at 1711 hours until 0900 hours on Friday, 4th March, 2011.