Debates- Wednesday, 2nd March, 2011

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DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Wednesday, 2nd March, 2011

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

__________

MINISTERIAL STATEMENT

STAMPEDE OF 2ND FEBRUARY, 2011

The Minister of Home Affairs (Mr Lungu): Mr Speaker, I thank you most sincerely for allowing me to make this ministerial statement at short notice.

Sir, I wish to inform the House, with regret, that, in the early hours of this morning, at 0025 hours, in Mazabuka, two lives, namely Ms Nasilele Kwalombota, aged twenty-one and Mr Masauso Nyirenda, aged twenty-two, were lost. This happened at a social club in Kaunda Square, Stage Two, in Mazabuka. Police officers, who were on a routine operation of closing bars operating beyond the stipulated hours, ordered the closure of the social bar which was found operating at the time.

Mr Speaker, when the patrons refused to have the bar closed, police officers decided to throw teargas canisters into the bar.

Hon. Opposition Members: Shame!

Mr Lungu: There was a stampede, with people trying to rush out of the bar. Later, the bar owner reported to the police that two people were found dead at the bar.

Mr Speaker, I wish, on behalf of the Government and my own behalf as Minister of Home Affairs, to apologise to the nation in general and members of the bereaved families, in particular, for this unfortunate incident.

Pending the outcome of the postmortem which will be conducted, the officers concerned will be charged appropriately.

Sir, the Government in general and I, as Minister of Home Affairs, in particular, will not tolerate this kind of unprofessional conduct by any of our overzealous police officers. The Government will deal firmly with such officers.

Mr Speaker, let me reiterate our Government’s resolve that people entrusted with the responsibility of ensuring that the lives of the Zambian citizens are secure and protected, discharge their duties professionally all the time. Those who fail to do so will face the wrath of the law.

I thank you, Sir.

Interruptions

Mr Speaker: Order!

Hon. Members may now ask questions on points of clarification on the ministerial statement which has been delivered by the hon. Minister of Home Affairs.

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, while sending condolences to the families of the bereaved, may I find out what type of licence this bar had in order to allow it to operate that late, if at all it did.

Mr Lungu: Mr Speaker, by law, all bars are supposed to close by 2230 hours. However, the bar owner is the type who does not want to conform to the laws of the land. This is precisely why our officers are compelled, sometimes, to visit these places to find out who is not complying with the law so that those who do not are asked to close.

Sir, in this particular case, there is no type of bar that is allowed to go beyond that time. Only restaurants are allowed to.

I thank you, Sir.

Mr Matongo (Pemba): Mr Speaker, the information available to me is that there is rioting in Mazabuka. Can the hon. Minister confirm that?  Can he verify that it is because of not funding developmental projects that people have to make money in an awkward manner, causing such incidences as the ones in Mazabuka and Mongu? What is the Government doing to provide money for development so that people can conduct decent business?

Mr Lungu: Mr Speaker, I have not yet received information in relation to the rioting that is taking place. That will be ascertained later.

Sir, with regard to the issue of development, most of us are aware that development is a continuous process. It is taking place every time. There is no end to development. In whichever respect, it is the responsibility of all of us to ensure that development continues.

Mr Speaker, if it is as a result of lack of development that people decide to flout the laws of the country by going beyond stipulated hours, then it is unfortunate. However, let us take it that development is a continuous process.

I thank you, Sir.

Ms Kapata (Mandevu): Mr Speaker, tear gassing by the MMD Government seems to be the order of the day. Why have the two police officers not been arrested, considering that two lives have been lost? We cannot wait for a postmortem.

Mr Lungu: Mr Speaker, I may not have indicated that in my statement, but the two police officers have been arrested. The pending postmortem is to establish the cause of death so that they are charged appropriately.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, enforcement of the law relating to sale of alcohol lies upon the local authorities. Every time the police are enforcing such laws, they must be accompanied by people from the council. May I know whether the police officers were accompanied by officials from the local authority?

Mr Lungu: Mr Speaker, I have not established that fact. When the police go on patrols and they come across people who are flouting the laws of the land, they move in. At that hour, they do not have to wait for people from the council to accompany them in order to deal with the matter.

Mrs Masebo: He is right!

Mr Lungu:  Sir, if they waited, no action would be taken until the following day. I have told the House that the time was 0002 hours. You do not expect the police to go to the Ministry of Local Government and Housing and ask for people to accompany them to go and sort out an issue.

Interruptions

Mr Lungu: That is not good thinking.

I thank you, Mr Speaker.

Interruptions

Mr Speaker: Order!

The hon. Members must listen.

Mr D. Mwila (Chipili): Mr Speaker, the hon. Minister has informed this House that all the police officers who were involved in this matter will be disciplined. Today, the police spokesperson announced that all senior police officers in Mazabuka have been transferred. Can you comment on that issue?

Mr Lungu: Mr Speaker, those are operational details and I would safely say that is possible. I think that if the police did take that action, it would be in line with their operational duties.

I thank you, Mr Speaker.

Mr Mooya (Moomba): Mr Speaker, I hear the bar closed late because people wanted to watch the game between Manchester United and Chelsea. May the hon. Minister confirm that?

Mr Lungu: Mr Speaker, it is true that these people were in the bar drinking and watching the game. That notwithstanding, the laws say that, at 2230 hours, bars must close and they should have gone to watch the game elsewhere. The fact that they were there at that time was actually wrong. Nonetheless, that does not justify the action that the police took. This is why I apologise on behalf of the Government and, indeed, on my own behalf.

I thank you, Mr Speaker.

Mrs Mwamba (Lukashya): Mr Speaker, from the happenings in the recent past, it would appear that the police are instructed to resort to opening fire unnecessarily. I would like the hon. Minister to confirm whether those are the instructions given to the police even where the use of arms is not necessary.

Mr Lungu: Mr Speaker, sometimes, I get amazed because when live bullets are used, hon. Members ask why the police use live bullets instead of tear gas. Now that the police used tear gas, somebody is asking why they used tear gas.

Interruptions

Mr Lungu: Mr Speaker, the tear gas was used because it is part of their job. They are allowed to use tear gas.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Interruptions

Mr Speaker: Order!

I said that hon. Members must listen. If they do not listen, there is no need to continue with this process.

Mr Kapeya (Mpika Central): Mr Speaker, why did the police choose to attack patrons instead of arresting the owner of the premises?

Mr Lungu: Mr Speaker, I believe that some of these issues can be taken up administratively. In fact, we appreciate the concern. That is why I did indicate that I apologise for that incidence. Those are issues we will look into administratively.

I thank you, Mr Speaker.

Ms Masiye (Mufulira): Mr Speaker, I wish to find out from the hon. Minister whether he is aware of the fact that the reason council workers are supposed to accompany the police is that they are the ones who know the type of licence the proprietors have and, as he rightly said in his statement, it was a night club and not a bar. A night club is allowed to operate beyond 2230 hours. Therefore, all these things that he has been saying …

Mr Speaker: Hon. Member, you know it all. So, why are you asking the question?

Ms Masiye: Mr Speaker, I apologise. My question is, why did the police officers not adhere to the law pertaining to night clubs that are supposed to operate beyond 2230hours before they could act?

Mr Lungu: Mr Speaker, I cannot recall using the word “night club”. I do recall saying that it was a bar or social club. I do not know whether the two mean the same. However, I can still find out and establish the appropriate time.

I thank you, Sir.

Mrs Musokotwane (Katombola): Mr Speaker, may I find out whether, in the curriculum of police officers, there are other methods of dispersing crowds other than shooting and tear gassing people.

Mr Lungu: Mr Speaker, yes, there is and that includes the use of tear gas canisters.

I thank you, Mr Speaker.

Laughter

Mr Mushili (Ndola Central): Mr Speaker, will the hon. Minister tell the nation and this House where, exactly, the two bodies were found.

Mr Lungu: Mr Speaker, the report I have received states that, after the stampede, the owner of the bar went to report to the police that two bodies were found at the same bar. I believe it should have been at the bar.

I thank you, Mr Speaker.

Mr Chota (Lubansenshi): Mr Speaker, the hon. Minister has just repeated what he said in his statement that the owner of the bar went to report to the police that two people were found dead after the police had left. Is it in order for the police to provoke a situation by throwing teargas canisters, leave the scene and let people die in the stampede?

Laughter

Mr Lungu: Mr Speaker, this is precisely why the officers in question were arrested. 

I thank you, Sir.

Mrs Masebo (Chongwe): Mr Speaker, clearly, the law is being broken by many traders in the liquor business. What is the Ministry of Home Affairs doing to ensure that the police, who are mandated by law to enforce all the laws in Zambia, understand this function and move in quickly before lives are lost even if, sometimes, they are assisted by the council police.

Mr Lungu: Mr Speaker, this is precisely what we are doing. The police are trained to enforce all the laws in Zambia. At awkward hours such as 0025 hours, when everybody is asleep and the council officers cannot be found anywhere, the police move in and do what is right.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, the death of these two people will attract expenses for postmortem, coffins, the compensation of the bereaved families and other funeral expenses. Will the hon. Minister indicate to this august House whether these expenses will be met by the Government?

Mr Lungu: Mr Speaker, when answering such a question, I prefer to be frank. I have to consult the experts in this field. I am, therefore, not in a position to confirm what exactly will be done. I am, however, in a position to say that we will carry out consultations.

Mr Speaker, I thank you.

Mrs Banda (Chililabombwe): Mr Speaker, I would like to find out from the hon. Minister how many police officers were involved in throwing the canisters.

Mr Lungu: Mr Speaker, four police officers were involved.

I thank you, Sir.{mospagebreak}

Mr Simuusa (Nchanga): Mr Speaker, following his statement and apology, and given the circumstances surrounding this bar, I wish to find out from the hon. Minister the acceptable course of action that could have been taken by the officers instead of throwing teargas canisters.

Mr Lungu: Mr Speaker, as I said earlier, the police always have several options. They are trained to use any one of them. In this particular case, they chose to use teargas canisters.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, in relation to the question asked by the hon. Member for Chongwe, what will the police do to ensure that people adhere to the law which stipulates that bars close at 2230 hours in order to avoid incidents such as the one which took place in Mazabuka?

Mr Lungu: Mr Speaker, I think that we shall have to liaise with our colleagues in the Ministry of Local Government and Housing to see how we can persuade bar owners to close at the stipulated time. Working together with the Ministry of Local Government and Housing will require it to do its work of informing the bar owners about what the law says. The police simply come in to enforce that law. 

Mr Speaker, I thank you.

Mr Msichili (Kabushi): Mr Speaker, sadly, the police officers carry out most of their patrols when they are drunk. I would like to find out from the hon. Minister if he is aware that police officers harass innocent people by arresting them for shishita, and yet the places they go to have nightclub licences that allow them to operate beyond 2230 hours.

Mr Lungu: Mr Speaker, I think that it will greatly help us if police officers found drunk on duty are reported to the relevant authority so that appropriate action is taken against them because they are not supposed to drink on duty. 

Mr Speaker, I thank you.

Mr Chanda (Kankoyo): Mr Speaker, the hon. Minister should be categorical in his response to my question. I would like to find out from him whether a breathalyser test was performed on the police officers to determine whether they were under the influence of alcohol because 0200 is an awkward hour to take such an action.

Mr Lungu: Mr Speaker, police officers work day and night. That hour may be awkward for the hon. Member for Kankoyo, but not for the police.

I thank you, Sir.

Laughter

Mr Zulu (Bwana Mkubwa): Mr Speaker, for now, all we have been told is that the police officers have been arrested. I would like to find out from the hon. Minister what will happen to the bar owner because closing the bar late is the main cause of the fracas.

Mr Lungu: Mr Speaker, that is an important question. Competent Government authorities will be consulted by the ministry in order to establish the way forward.

I thank you, Sir.

 Mr Chisanga (Mkushi South): Mr Speaker, can the hon. Minister confirm to this House that some nightclubs offer 24-hour service. Can the hon. Minister also consider reducing the conditions to be met for such a licence to be acquired so that more people can acquire the 24-hour service licence?

Interruptions

Mr Speaker: Order!

The hon. Minister has already stated that he did not refer to a nightclub, but a bar or some social facility.

Mr Muyanda (Sinazongwe): Mr Speaker, can the hon. Minister of Home Affairs be kind enough to disclose the names of the anarchist police officers who caused the death of two innocent Zambians. Can it not be true that the same officers were equally drunk whilst on duty?

Mr Speaker: The hon. Member is late. That question has already been asked, and the hon. Minister answered it.

Mr Mwenya (Nkana): Mr Speaker, I would like to find out from the hon. Minister of Home Affairs whether a state of emergency exists in this country because people who are found walking after 2200 hours are being arrested and detained. Could he indicate if there is a state of emergency in this country? If not, can he tell this august House why police officers are arresting innocent people found walking around 2200 hours or 2300 hours?

Mr Lungu: Mr Speaker, sometimes, I find myself in a quagmire to answer questions like that one. If I say the question is not related to what I earlier said, there will be an uproar from those who do not understand what I said.

Laughter

Mr Lungu: What I said earlier has nothing to do with the state of emergency. Therefore, my friend, hon. Member of Parliament for Nkana, is offside.

I thank you, Mr Speaker.

Laughter

Interruptions

Mr Speaker: The House remembers the background.

Laughter

Hon. Members: Hear, hear!

__________

QUESTIONS FOR ORAL ANSWER

LUANSHYA POLICE OFFICERS’ ACCOMMODATION

250. Mr Kambwili (Roan) asked the Minister of Home Affairs:

(a) how many police officers were not accommodated by the Zambia Police Force in Luanshya;

(b) when the Government would consider constructing more houses for police officers to meet the shortfall; and

(c) whether the housing allowance paid to officers was sufficient for them to rent decent accommodation.

The Deputy Minister of Home Affairs (Mr Taima): Mr Speaker, I wish to inform the House that there are fifty-six police officers holding ranks ranging from constable to chief inspector who are not accommodated by the Zambia Police Force in Luanshya District.

The Ministry of Home Affairs will consider constructing more houses for police officers in Luanshya District once funds are made available under the Sixth National Development Plan (SNDP).

The police officers who are not accommodated by the Zambia Police Force are paid housing allowances ranging from K280,000 to K435,000 per month for the ranks ranging from constable to chief inspector. The ministry acknowledges that the amounts paid to officers may not be sufficient due to the variation in their ranks and housing allowances thereof. Nevertheless, the ministry will continue to build more houses for the police to alleviate the shortage of accommodation.

I thank you, Sir.

Mr Kambwili: Mr Speaker, is the hon. Minister aware that as a result of the small housing allowance to police officers, they end up renting houses in shanty compounds and are the ones who are now providing firearms to criminals who live there to terrorise the people they are supposed to protect? What is the Government doing to increase housing allowance for police officers to avert this kind of situation?

The Minister of Home Affairs (Mr Lungu): Mr Speaker, the Government has realised that the housing allowance being paid to police officers is insufficient. That is why it has made a presentation in that line to the Salaries Review Commission that is currently doing its work. I hope that this issue will be addressed.

I thank you, Mr Speaker.

Mr Msichili (Kabushi): Mr Speaker, in his response, the hon. Minister mentioned that the Government will consider building houses for police officers under the SNDP. When will the Government start maintaining the dilapidated housing units which have never been maintained ever since they were built?

Mr Lungu: Mr Speaker, rehabilitation works are done on a continuous basis. We, in Government, may not be able to rehabilitate all the dilapidated houses at once. However, once funds are made available, we do carry out some rehabilitation works.

Sir, in addition, I wish to state that in the SNDP, which runs from 2011 to 2015, under the Medium Term Expenditure Framework (MTEF), there is a provision for those funds to continue building houses for police officers.

I thank you, Sir.

Mr Mwenya (Nkana): Mr Speaker, what is the position on home ownership for police officers, taking into account the challenges of constructing houses? Further, how many officers benefited from this programme?

Mr Lungu: Mr Speaker, I am not in a position to say how many police officers benefited from the home ownership scheme. However, after making consultations, I could, at an appropriate time, ask the hon. Member to come and chat with me on this issue, if he cares.

I thank you, Mr Speaker:

Mr Lubinda (Kabwata): Mr Speaker, in response to the question, the hon. Minister said that houses for police officers in Luanshya would be built during the 2011/2015 period. Given the fact, together with the SNDP, his Government has the MTEF which is now in the period of expenditure. Could he state exactly when and which particular year these houses will be built for the fifty-six police officers who are languishing without accommodation in Luanshya?

Mr Lungu: Mr Speaker, as I have already explained, in the MTEF under the SNDP, which runs from 2011 to 2015, there are funds we can use to build some more houses for police officers in Luanshya. However, it is not only Luanshya that needs houses to be built but also a number of areas, but the problem is the resource basket. I am unable to indicate exactly how many and when we will be able to build the houses. Suffice to say within the span of the SNDP, we could do something to assist polices officers in Luanshya.

I thank you, Sir.
CATTLE DISEASE FREE ZONE

251. Mr Imenda (Lukulu East) asked the Minister of Livestock and Fisheries Development when the cattle disease free zone would become operational.

The Deputy Minister of Livestock and Fisheries Development (Mr Mulonga): Mr Speaker, a specific date cannot be given when the disease free zone will become fully operational as it involves a series of activities and the availability of funds to implement these activities which will determine its operationalisation.

Sir, before a disease free zone can become fully operational, the following logistics need to be worked on:

(i) reviewing legislation which will provide the legal basis for the establishment of the disease free zone as well as updating the existing laws to make them relevant to the prevailing situation;

(ii) establishing and upgrading livestock check points which will help to control the movement of livestock and livestock products as well as enhance bio security;

(iii) establishing livestock service centres and related infrastructure which will improve the delivery of veterinary and extension services that will facilitate trade in livestock and livestock products;

(iv) establishing and upgrading the laboratories which will help to raise standards that are internationally acceptable for trade to take place;

(v)  strengthening of animal identification and their traceability. This will help us identify animals for the purposes of disease control and enhancing food security;

(vi) establishing and upgrading breeding centres which will enable us supply the appropriate breeding stock devoid of major trade diseases; and

(vii) registering farmers in order to establish an inventory of farmers and their livestock by various categories for informed decision making.

I thank you, Mr Speaker.

Mr Imenda: Mr Speaker, does the hon. Minister recognise the fact that his ministry’s failure to eradicate cattle diseases in cattle rearing regions is denying these areas a chance of becoming disease-free zones? As a result, this will prolong poverty in areas such as the Western and Southern provinces.

Mr Mulonga: Mr Speaker, eradication may prove to be a problem, but control is what is being done. It is not only done in Zambia, but also other countries. Control is, indeed, the major thing being done in countries where livestock and its products are exported. As a ministry and a nation at large, we are fully aware of the importance of livestock and its products and that is why we are trying to establish the livestock service and breeding centres as a way of controlling the disease.

Mr Speaker, let me give an example of the Western Province which the hon. Member has talked about. Currently, there are no new diseases being reported. What we have are old cases of the Contagious Bovine Pleural Pneumonia (CBPP). What we are trying to do is clear those lesions which are already in existence on some animals. This is because if we were to allow the animals to move out of this environment, the lesions may burst and cause a vicious outbreak in the new environment. It is for this reason that, in this year’s Budget, we have allocated K1.2 billion for the procurement of about 500 doses of CBPP vaccines. We intend to do the vaccines around June, July and August.

Mr Speaker, we have decided to do it at that time because, at the moment, most parts in the Western Province are inaccessible because of the rains. This inhibits veterinary officers from doing their work. Therefore, we have picked this period because it is dry and will enable the officers to reach every farmer and animal. Once that is done, we would have reduced the incidence disease break out. We are sure that, soon afterwards, livestock can be exported not only to other parts of the country, but also outside the country.

I thank you, Sir.

Mr Hamududu (Bweengwa): Mr Speaker, following this lengthy and academic answer given by the hon. Minister, I would like to find out what the Government is doing to consult the stakeholders who are the cattle and livestock farmers in general on how to proceed on establishing whether the issue of zones is the priority or it is the dip tanks and other infrastructure. What is the Government’s priority?

Mr Mulonga: Mr Speaker, when we started the idea of the disease-free zones, eligible livestock farmers were fully consulted and they came up with a consultation document which was presented to the ministry. Most of what they suggested is what is being implemented.

Mr Speaker, the House and the nation at large may not be aware that when we talk about the livestock service centres, we are referring to a situation where all the promotional, curative and preventive activities for our livestock will be conducted. This will include, among other things, the creation of dip tanks because that will be like an MCH (Maternal Child Health) centre for animals, provision of ante-natal and post natal services. In short, all the livestock services will be provided at each livestock centre.

Therefore, Mr Speaker, that is why we are saying that we cannot construct dip tanks in isolation as the livestock service centres will encompass them.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mukanga (Kantanshi): Mr Speaker, in 2006, the Government disbursed K2 billion for the construction of a cordon line. I would like to know what percentage of the cattle disease burden has been lifted as a result of the construction of the centres.

Mr Mulonga: Mr Speaker, amongst the achievements made as a result of the money that was disbursed, is the fact that the CBPP has been localised to Kazungula District. So, instead of the disease spreading to other districts like the Western and North-Western provinces, it has been confined to one area where it needs to be managed well.

I thank you, Sir.

MOSQUITO NETS FOR FISHING

252. Mr Imenda asked the Minister of Livestock and Fisheries Development what measures the ministry had taken to stop fishermen from using mosquito nets for fishing.

Mr Mulonga: Mr Speaker, the Ministry of Livestock and Fisheries Development, working together with partners like the Barotse Royal Establishment (BRE), traditional rulers, the Zambia Wildlife Authority (ZAWA), the Zambia Police and the Ministry of Health, has continued to provide extension education to fishermen on the dangers associated with the use of mosquito nets for fishing.

Mr Speaker, in addition to carrying out sensitisation campaigns, the ministry has continued to monitor and carry out enforcement programmes in various fishing areas where not only mosquito nets are used for fishing, but also other illegal fishing nets of a mesh size that is less than 50 mm and fishing practices such as the use of poisons, seines and kutumpula.

In the Western Province, the ministry, together with the BRE, has really tracked down fishermen using mosquito nets. This has proved to be very effective in that some people are of the conviction that fishing is off season in the area.

Furthermore, Mr Speaker, the Department of Fisheries has come up with a new structure on staff establishment which is currently awaiting Cabinet approval. This will ensure that more fisheries officers in contact with the fishing committees on a daily basis are on the ground.

I thank you, Mr Speaker.

Mr Imenda: Mr Speaker, I would like to find out what the hon. Minister’s response is with regard to the argument that certain species of fish cannot grow beyond the size of a finger and what methods should be used to harvest such type of fish.

Mr Mukanga: Yes.

Laughter

Mr Mulonga: Mr Speaker, at face value, the hon. Member may be referring to kapenta which is mostly found in Mpulungu and Lake Kariba. In that regard, we have established the required mesh for kapenta. However, if the hon. Member is talking about fish such as bream not being able to grow beyond a given size, that is just an assumption. Instead of people waiting for the bream to grow, they deliberately assume that it cannot grow beyond a certain point and harvest it. We will not allow that and those found wanting will be arrested.

I thank you, Sir.

Mr Milupi (Luena): Mr Speaker, it is not only kapenta that does not grow beyond a certain point. Fish such as limbala, linembele, liminga and other species also do not grow.

Laughter

Mr Milupi: How are people in the Western Province expected to catch that type of fish?

Laughter

Interruptions

Mr Speaker: Order!

Mr Kambwili: Iwe wacilamo ubufi.

Mr Mulonga: Mr Speaker, if there are such species that have not yet come to our attention, …

Laughter

Mr Mulonga: … as a ministry, we have to carry out a research and we will let the nation know which way we are going.

I thank you, Sir.

Laughter {mospagebreak}

Mr Chongo (Mwense): Mr Speaker, the high poverty levels are the reason a lot of people use mosquito nets to catch fish. This is because the nets are given to them at no cost by the Ministry of Health. Now that the Government has enhanced the Fisheries Development Programme by allocating it a lot of money, is it contemplating assisting fishermen who do not have money to buy the right size of nets for them to get nets of the right size?

Mr Mulonga: Mr Speaker, that is a very good suggestion. However, first and foremost, I would like to urge the hon. Members here to constantly work together to see to it that we teach people the importance of not using mosquito nets to catch fish. Apart from encouraging the hon. Members of this House, we, as a ministry, have formed what we are calling community or village-based committees within the fishing fraternity.

Mr Kambwili: Aah!

Mr Mulonga: Mr Speaker, these are the committees that will help us carry out the fishing ban throughout the fishing communities. Secondly, it is from these committees that we are going to get suggestions on how best we can manage our resources and, as a ministry, how we can help those who may not have enough resources. This way, through the suggestions they make to us, as a ministry and Government, we will make considerations appropriately.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, I take it that people are driven to using illegal fishing methods, including the use of mosquito nets, because the fish stocks have become depleted, particularly in Luapula. What intervention is your ministry willing to make so that people can be rest assured that there will be fish in the fisheries and that there will be no need for them to use illegal fishing methods to catch the ever diminishing stocks of fish?

The Minister of Livestock and Fisheries Development (Mr Machila): Mr Speaker, the short answer to the hon. Member’s question is that we do have programmes to undertake restocking in various water bodies. However, in addition to that, as a ministry, we are looking at prioritising the area of fish farming in aquaculture. We believe that, as we make efforts to push this particular agenda, we will, in turn, undertake programmes to do the fish restocking once we are satisfied that there is a balance in both programmes.

I thank you, Sir.

Mr Mwenya: Mr Speaker, I would like to find out from the hon. Minister what effort is being made to protect breeding areas which have now been infested with settlers making breeding of fish very difficult despite the fishing ban. What effort is being made by the ministry to cordon off all the areas that should not be inhabited?

Mr Speaker: The Minister of Livestock and Fisheries Development.

Mr Kambwili: Say I do not know.

Mr Machila: Mr Speaker, the issue of protecting breeding grounds in areas that the hon. Member referred to as infested by settlers is a matter that is already under consideration. Furthermore, without pre-empting what is still to come, we intend to introduce legislation before this House which will further address and strengthen the laws as currently established.

I thank you, Sir.

Mrs Musokotwane (Katombola): Mr Speaker, has the ministry any plans to help fishermen build cold rooms in which they can store their fish during the ban so that they can still have a source of income by selling it instead of them fishing illegally.

Mr Machila: Mr Speaker, the short answer to that question is, no. We do not have any such programmes. We believe that these are essentially private sector initiatives that must be undertaken by hon. Members and the general public.

I thank you, Sir.
 
Mr Beene: Mr Speaker, I would like to find out from the hon. Minister of Livestock and Fisheries Development whether he is aware that, when restocking dams such as Itezhi-tezhi, fish which looks like prawns and kapenta has been introduced and, as a result, there is no native fish in the dams. When is the Government going to consider making that a subject of research?

Mr Machila: Mr Speaker, I think what the hon. Member is referring to as prawns are actually clay fish. However, we do have programmes within the ministry to improve on the levels of research. The ministry has procured vessels specifically for this purpose and we are awaiting their arrival.

I thank you, Sir.

Major Chizhyuka (Namwala): Mr Speaker, I almost asked a similar question. However, I would like to find out whether the hon. Minister is aware that the predator breams have been introduced in the Kafue River and they are eating indigenous breams …

Laughter

Major Chizhyuka: … to a point where we shall now be eating very tasteless fish for the rest of our lives. Are you finding ways of ensuring that the shell breams that have been introduced are removed from the Kafue River so that we remain with our indigenous fish?

Mr Machila: Mr Speaker, if the hon. Member has that evidence at hand, we would welcome its receipt but, apart from that, I have already mentioned that we have programmes to undertake research with regard to matters such as the one he has referred to.

I thank you, Mr Speaker.

Mr Chisala (Chilubi): Mr Speaker, in the Bangweulu region, fishermen are currently using mosquito nets instead of fish traps to catch fish. May I find out from the hon. Minister whether the Government has serious plans of embarking on patrols during the fishing period?

Mr Machila: Mr Speaker, indeed, the Government has plans to upscale the levels of patrols and other measures in areas such as the one referred to by the hon. Member of Parliament. Amongst the initiatives that the Government will be considering to introduce is the role for honourary fisheries officers who will be a key intervention in helping with these programmes.

I thank you, Mr Speaker.

PARASTATAL COMPANIES’ FINANCIAL REPORTS

253. Mr Kambwili asked the Minister of Finance and National Planning:

(a) how many parastatal companies had not submitted audited financial reports in the last two years;

(b) what the cause of the delay in submitting the reports was; and

(c) what punitive measures had been taken against these companies.

The Deputy Minister of Finance and National Planning (Mr Phiri): Mr Speaker, I wish to inform the House that out of the thirty-eight active parastatal companies, twenty-four companies have submitted their audited financial statements in the last two years while fourteen have not yet submitted audited financial statements for the last two years. The causes of the delay in submitting the audited financial statements vary from one company to another and include the following:

(i) lack of adequate financial resources to pay external auditors due to poor financial performance;

(ii) poor record-keeping which has caused delays in reconciling financial information; and

(iii) delays in concluding valuations of assets of some companies.

Mr Speaker, I wish to inform the House that the Government has taken the following measures to improve financial performance and timely submission of audited financial statements:

(i) reconstructing some parastatal companies so that they concentrate on core business;

(a) no capitalising some companies until audited financial statements are released; and

(b) implementing good corporate governance practices such as composition of professional boards, legislative reforms, strengthening internal controls and systems and performance benchmarking.

I thank you, Mr Speaker.

Mr Kambwili: Mr Speaker, can the hon. Minister confirm that the Government has been relaxed in telling these companies to submit their audited reports because it has been siphoning money for the Movement for Multi-party Democracy’s (MMD) use and, therefore, it fears to be exposed?

The Minister of Finance and National Planning (Dr Musokotwane): Mr Speaker, the reasons these companies have not been submitting financial reports have been clearly stated. If a company has no money to even pay salaries and buy raw materials then, clearly, it cannot be in a position to pay for audits. Let me assure the hon. Member that this Government follows the rules of good governance very well, unlike his party …

Laughter

Interruptions

Dr Musokotwane: … which has a constitution that states very clearly that all the important posts in Government, such as those of managing directors of parastatal companies, heads of department, judges and police officers must all be held by party cadres.

I thank you, Mr Speaker.

Hon. Members: Hear, hear!

Interruptions

Mr Speaker: Order!

Mr Ntundu (Gwembe): Sir, I would like to find out from the hon. Minister what will happen at the end of the day with the parastatal companies that have hardships and cannot pay auditors for them to be audited. Will the Government just leave these companies as they are or will it do something such as giving them money to bail them out?

Dr Musokotwane: Mr Speaker, indeed, there have been some parastatals that have not been able to perform well financially. This is why the Government has, all the time, been devising ways of rescuing such companies. For example, last year, Maamba Collieries Limited, which had been in distress for years on end and workers were suffering, was sold by the Government and, today, workers are paid on time. The company’s investment plans are coming up very well.

There is also the Zambia National Commercial Bank (ZANACO) which had been struggling for many years. This Government decided to sell off the company to a strategic equity partner. As a result of that, ZANACO, today, is a company that is vibrant, paying taxes and serving the Zambian people very well. I can also give you another example of the Zambia Telecommunications Limited (ZAMTEL) which was on the verge of total collapse. The Government decided to take in a strategic equity partner and, today, ZAMTEL is a big force in the telecommunications industry.

Hon. Government Members: Hear, hear!

Dr Musokotwane: Mr Speaker, as we take these measures to improve the performance of parastatals, let our colleagues on that side of the House not just oppose and stage demonstrations, but appreciate the work of reviving jobs in these companies.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Simuusa (Nchanga): Mr Speaker, the Zambia Consolidated Copper Mines – Investment Holdings (ZCCM–IH) is one such parastatal that is behind in submission of its audited reports. Considering the strategic nature of this company and the huge amounts of money that it is handling, what action is this Government taking to ensure that the company is up to date with its audited reports and they are made available to us for scrutiny?

Dr Musokotwane: Mr Speaker, certainly, we have to take action on that issue. However, let me also remind the hon. Member who has asked the question that, many times, many of us are misled into believing that, because a company has offices, cars and other assets, it is, therefore, handling a lot of money. I would like to remind my colleagues in here, who are well informed, to be careful.

They are supposed to be the cream of the society and, therefore, they should not judge the well-being of a company just because it has an office or offices. In judging the well-being of a company, you must look at its balance sheet in totality. In other words, what visible assets are there and what debts and liabilities are there? If we were to make a judgment in that case, you will discover that the situation at ZCCM-IH is not as rosy as you are saying. Therefore, those of you who are from this industry and are skilled in these matters must be careful about the way you talk about these issues.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, is it possible for the hon. Minister to mention the fourteen parastatal companies that have not submitted audited financial reports?

Dr Musokotwane: Mr Speaker, the companies that did not submit their annual reports are as follows:

(i)  Zambia Education Publication House;
(ii)  ZCCM-IH, Nitrogen Chemicals of Zambia;
(iii)  State Lotteries Board;
(iv)  Contract Haulage;
(v)  Mpulungu Harbour;
(vi)  Mupepetwe Engineering Company;
(vii)  Zambia-China Mulungushi Textiles;
(viii)  Times of Zambia;
(ix)  Zambia Forestry and Forest Industry Corporation;
(x)  Zambia Postal Services;
(xi)  Zambia Printing Company;
(xii)  Tanzania-Zambia Railways Authority; and
(xiii)  MOFED-Tanzania Limited.

I thank you, Sir.

Mr Sikota, SC. (Livingstone): Can the hon. Minister advise whether all the companies that have not been able have, at least, provided management financial reports from which it can then identify which ones, perhaps, are in need of an investigative audit?

Dr Musokotwane: Mr Speaker, I can confirm that. Let me also say that, now and then, we send our internal auditors from the Ministry of Finance and National Planning to audit the companies.

I thank you, Sir.

Mr Milupi: Mr Speaker, the National Pension Scheme Authority (NAPSA) is also one of the companies that do not produce audited reports on time. If the reason for this is purely lack of finances, will the hon. Minister explain how a company like that can invest US$15 million to buy expensive land from Meanwood Properties?

Dr Musokotwane: Mr Speaker, there were several reasons that were given in answering the question regarding companies that do not provide financial audits. This also includes the inability to pay.

In the case of NAPSA, as the hon. Member has indicated, the company produces audited reports except that they come late. A report that comes late and one that does not come at all are two different things. Regarding the land transaction, I am not aware about it. I just read about it in the press just like the hon. Member.

Thank you, Sir.

Mr Speaker: Let me guide the House as follows:

With regard to Question 253 (c), the House is reminded that this House took a decision, which still stands to this day, that any Government institution (s) which fails to submit its annual report and audited accounts shall be denied funding by this House for as long as it fails to submit the report and the audited account. It is up to this House to enforce its own decision.

There is a Committee of the House which studies these reports from the various Government institutions, which is the Committee on Economic Affairs and Labour. I believe all of you examine or expect reports from your portfolios that you oversee. You are, therefore, expected, as part of your Committee report to the House, to indicate to this House which organisations, institutions, companies, boards or parastatals have not submitted their reports and for how long. Then that will be picked up as part of the sanctions during the Budget consideration.

Hon. Opposition Members: Hear, hear!

FOREIGN FERTILISER

254. Mr Milupi asked the Minister of Agriculture and Co-operatives:

(a) what the foreign sources of fertilisers sold in Zambia were;

(b) how much a 50 kg bag of fertiliser costs, on average, at sources outside Zambia;

(c) what the freight and insurance costs of the fertiliser were;

(d) what the landed cost of the fertiliser in Zambia was;

(e) at what price the fertiliser was sold to farmers; and

(f) whether the Government was satisfied with the cost of fertiliser on the local market.

The Deputy Minister of Agriculture and Co-operatives (Mr Mbewe): Mr Speaker, our response is as follows:

(a) the fertiliser sold in Zambia is mainly imported from the following countries:

(i) Finland;
(ii) Greece;
(iii) Turkey;
(iv) Ukraine;
(v) China;
(vi) Qatar;
(vii) Saudi Arabia;
(viii) Egypt; and
(ix) South Africa.

(b) the average cost of a 50 kg bag of fertiliser is K120,000.00 at sources outside Zambia;

(c) the cost, insurance and freight of fertiliser from its source into Zambia is around K900,000.00 to K1,400,000.00 per metric tonne, depending on where the fertiliser is being shifted from;

(d) the landed cost of the fertiliser in Zambia ranges from K3,000,000.00 to K3,500,000.00 per metric tonne;

(e) the fertiliser that is sold under the Farmer Input Support Programme (FISP) is currently pegged at K50,000.00 per 50 kg bag irrespective of the location. On the other hand, private sector companies usually sell their fertiliser at between K150,000.00 and K250,000.00 per 50 kg bag; and

(f) the Government is not satisfied with the cost of fertiliser on the local market. It is in this regard that it would like to see a situation where commercial prices of fertiliser reduce further to lower levels. Given the situation where farmers, especially small-scale farmers cannot obtain meaningful profits from expensive inputs, the Government has continued to subsidise the cost of inputs such as fertiliser and seed.

I thank you, Sir.

Mr Milupi: Mr Speaker, would the hon. Minister accept that the high cost of fertiliser is not comparable to the fertiliser that is found in, for example, the countries that he has talked about because it is equivalent to US$8 per 50 kilogramme bag? If this is accepted, would the hon. Minister confirm the story that has appeared in the Farmers’ Gazette that states that, because of the high cost of production, this Government has to subsidise the export of the excess maize to the tune of US$100 per metric tonne using money obtained from the mining tax arrears and other sources. Is this not disadvantaging Zambians?

The Minister of Agriculture and Co-operatives (Dr Kazonga): Mr Speaker, the Government is aware of the high cost of fertiliser. Since fertiliser is one of the major inputs in the production of Zambia’s staple food, maize, the reduction of the cost of production needs to be looked at.  This is one of the fundamentals that need to be addressed. The availability and distribution of fertiliser depends on the importation of fertiliser from the countries mentioned by the hon. Deputy Minister.

Mr Speaker, as a Government we are encouraging investment in fertiliser production. So far, the Government has received an indication from one of the Russian companies that is interested in putting up a fertiliser plant in Kapiri Mposhi with an investment of about US$28 million. The idea is to have fertiliser in large quantities so that the issues of demand and supply can be addressed.

With regard to the issue of competitiveness in as far as maize is concerned, the Government decided to address fundamentals on how to reduce the cost of maize production. One of the key areas to be addressed is the price of fertiliser.

I thank you, Sir.

Mr Simuusa: Mr Speaker, the landed cost of K30 million to K35 million per metric tonne of fertiliser translates roughly to about K30,000 to K35,000 per 50 kg bag. In fact, the landed cost is about K70,000 per 50 kg bag. My question is ...

Interruptions

 Mr Lubinda: What is that?

Mr Simuusa: This is the landed cost.

Mr Lubinda: Aah?

Mr Simuusa: That is the price.

Mr Speaker: Order!

Laughter

Mr Simuusa: Mr Speaker, K35,000 per tonne is K35,000 per 100 kg. Can the hon. Minister explain why there is a big difference between the selling price and landed cost? Secondly, why can the Government not encourage competition by using the fertiliser support pack instead of the other route it is using where it is making fertiliser available at a low cost while waiting for competition to improve in the country rather than just sitting back and appearing to be too powerless to solve this situation?

Dr Kazonga: Mr Speaker, firstly, let me correct the figure that the hon. Member mentioned at the beginning of his supplementary question. The landed cost of fertiliser is between K3 million and K3,500,000 million per metric tonne. One metric tonne is equivalent to 1,000 kg. So, in a metric tonne, there are twenty 50 kg bags. Based on that calculation, we will not get the figure that the hon. Member talked about.

In terms of the challenges that we have faced with regard to the price that is somewhere between K150,000 and K175,000 per 50 kg bag. As a Government, we saw that small-scale farmers are quite limited in terms of sourcing finances. The commercial farmers may opt for loans, but small-scale farmers are more desperate because they have no other means. As a responsible Government, we looked at the mentioned programme to assist the small-scale farmers. The commercial farmers, of course, can look at other loan facilities, but we are addressing the issue of the price of fertiliser. The Government has long-term measures that are currently being worked on so that there will be an improvement in the availability and pricing of fertiliser.

I thank you, Sir.

Mr Imenda: Mr Speaker, as we wait for foreign investment from Russia, are we competing favourably with countries such as Malawi and Zimbabwe where fertiliser is reported to be cheaper than it is in this country? If this is the case, why can we not source fertiliser from the countries the above-mentioned countries are importing from?

Dr Kazonga: Mr Speaker, the Government has considered all these alternatives and made a comparison in the region and beyond in terms of the price of fertiliser. That is why the ministry wants to look at the fundamentals so that the cost of production is reduced. By so doing, our crop will be competitive in the region and beyond. So, the Government is aware of these variations and is committed to ensuring that the cost of fertiliser production is reduced.

I thank you, Sir.

Mr Kapeya (Mpika Central): Mr Speaker, what is the current status of the Nitrogen Chemicals of Zambia (NCZ) in Kafue in as far as the production of fertiliser is concerned?

Dr Kazonga: Mr Speaker, there is only one plant that is working at NCZ known as the Nitrogen Phosphorus and Potassium Plant (NPK) that is producing ‘D’ Compound. So far, NCZ has already been given a contract to supply 15,000 metric tonnes of fertiliser and the ministry is in the process of giving the company an order for another 15,000 metric tonnes which will total 30,000 metric tonnes. With this plant, NCZ will be able to produce that amount of fertiliser. So, the current status of NCZ is that there is the NPK Plant which is operational and able to produce enough fertiliser.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, the technology used by the MPK Plant in Kafue is becoming obsolete. Nowadays, fertiliser is not granulated any more but blended. There is, at least, one privately-owned blending plant in Zambia which commercial farmers are using quite heavily because it is a lot cheaper than what is imported or made at Kafue. Is the Government thinking of buying from the private sector or are we waiting for the Russians to come and give us their version of the private sector because the complaint that we are getting is that there is no market for Zambian blended fertiliser, but for imported fertiliser mostly from South Africa?

Dr Kazonga: Mr Speaker, firstly, let me correct the hon. Member of Parliament for Lusaka Central that there is demand even for locally-produced fertiliser and not just the imported one. Whether imported or locally produced, the demand for fertiliser in general is there.

Mr Speaker, as regards the proposal that he has made, the Government is analysing all these issues and, at an appropriate time, we should be able to find a way forward. Indeed, part of the equipment at NCZ is really old, considering that technologies have changed. However, we are in the process of finding a long-term solution to the issue surrounding NCZ as regards production.

I thank you, Sir.

Mr Chisanga (Mkushi South): Mr Speaker, we are using too much fertiliser in Zambia.

Hon. Member: Hear, hear!{mospagebreak}

Mr Chisanga:  Is the hon. Minister considering subsidising the price of agricultural lime so that the soils can be neutralised?

Dr Kazonga: Mr Speaker, I want to thank the hon. Member of Parliament for Mkushi South for giving a dimension in the use of fertilisers. The Government is encouraging the use of agricultural lime, particularly considering that people have been using a lot of fertiliser over a period of time. As a way of neutralising the fertilisers in the soils and improving the fertility of the soils, we are encouraging the use of agricultural lime.

Mr Speaker, on the possibility of considering subsidising the price of agricultural lime within the Farmer Input Support Programme (FISP), I would like to inform the hon. Member that these are the issues that we are discussing with experts so that we see how feasible that is. However, we have already had some discussions with regard to the inclusion of agricultural lime in FISP.

Mr Speaker, in spite of the Government using its own resources to support farmers with fertiliser and seed, they are also encouraged to use part of their resources to buy agricultural lime because it is for their benefit. With the concerted efforts of individual farmers and the Government, we hope we can address the issue of the negative impact of fertiliser on the soil.

Mr Speaker, I thank you.

Mr Sichamba (Isoka West): Mr Speaker, why is it that we still have only two major suppliers, which are Omnia and Miombo, in the process of supplying fertiliser in rural areas which causes unnecessary delay in this …

Mr Sichamba paused.

Hon. Members: This what?

Mr Sichamba: … exercise.

Laughter

Dr Kazonga: Mr Speaker, I want to take advantage of this particular question to inform the House that the Ministry has advertised for the supply of fertiliser for the next farming season. This advert is open to any company that has the capacity and ability to supply fertiliser. We advertised about two weeks ago and any company with the capacity and that will meet the said criteria will be considered.

Mr Speaker, I thank you.

ZNBC ACT

255. Mr Mwango (Kanchibiya) asked the Minister of Information and Broadcasting Services:

 (a) whether the amended Zambia National Broadcasting Corporation Act No.     16 of 2010 had been implemented;

 (b) if so, how the public response concerning television licence fees had been;     and

 (c) whether the Government was satisfied with the response from the public.

The Deputy Minister of Information and Broadcasting Services (Ms Cifire): Mr Speaker, the Act has not yet been fully implemented. This is because the new aspect of the Act involves television dealers. It is important that this new group of stakeholders is sensitised before it is brought into the new setup.

The Zambia National Broadcasting Corporation (ZNBC) started the sensitisation on the amended ZNBC Act No. 16 of 2010 regarding the TV levy in the middle of 2010 and by first publishing the whole Act in the national daily newspapers which include the Times of Zambia, the Zambia Daily Mail and The Post Newspaper.

Mr Speaker, the next planned sensitisation implementation plan involved meetings with the Lusaka, Copperbelt and Livingstone-based television dealers who are, by the amended Act, required to collect one year’s TV levies in advance upon selling television receivers or tuners capable of receiving TV signal. In these meetings, the TV dealers were given the amended Act and educated on the required documentation regarding record keeping and making returns on the collections of TV levies. The sensitisation programme will continue and shall cover all the nine provinces.

Furthermore, ZNBC has embarked on road shows starting with Lusaka and Kitwe on the Copperbelt aimed at sensitising and educating the general public on the amended Act as regards paying TV levy. This is done through drama and music that talk about the benefits of paying TV levy. The road shows are planned for all the provinces.

Mr Speaker, ZNBC is also using radio and TV to educate and sensitise the public on the amended Act and the benefits of paying TV levy.

Mr Speaker, as regards the ZNBC Amendment Act No. 16 of 2010, the members of the public have yet to give their reaction as the collection is at an early stage. It is envisaged that the actual collection through TV dealers will start in earnest by the end of 2011.

However, the TV licence fee collection experience by ZNBC before the amended Act has shown that the public complied at the level of 45 per cent. This just represented households mainly along the line of rail through the ZESCO prepaid and post paid billing systems, direct collections and through the Zambia Postal Services Corporation throughout the country.

Mr Speaker, the Government is not satisfied with the levels of collection since public compliance is still low. We, however, recognise that a lot more needs to be done by the public broadcaster in order to increase collections. ZNBC is striving towards providing better service, hence the 2011 Budget has provided more resources for the corporation.

The Government also appreciates the support of the members of the public who have been paying the TV levy and their patience during the times that the broadcaster has had problems and failed to live up to their expectation.

Mr Speaker, I thank you.

Mr Mwango: Mr Speaker, since the Government will be collecting television licence fees through television set dealers, what will happen to people who already have television sets? Does the Government intend to scrap off television licence fees for those who have already bought television sets?

Ms Cifire: Mr Speaker, the whole idea is to be able to capture a lot more clients at the point of purchase. As we have indicated in the response, most people who are responding are those who are paying through their electricity bills and those with access to postal services.

Sir, the ones who are in remote areas are not able to do that because they do not have electricity bills to account for. The hon. Member who has asked the question comes from a rural constituency and should know that people use batteries to watch television in his area. It is such people who may not be captured. The idea of getting them at the source will ensure accountability and is a more prudent way of accounting for the funding that comes from this programme.

I thank you, Sir.

Mr Simuusa: Mr Speaker, the Zambia National Broadcasting Corporation is heavily funded through the budget and the licence fees that are an Act of Parliament. I wish to find out why there is still no equal and fair coverage to all the members of the public, especially the Opposition hon. Members of Parliament and officials.

The Minister of Information and Broadcasting Services (Lieutenant-General Shikapwasha): Mr Speaker, ZNBC is open to every member of the public to be able …

Hon. Opposition Members: Aah! Question!

Hon. Government Members: Hear, hear! Hammer!

Lieutenant-General Shikapwasha: Every member of the public and Opposition is free to go to ZNBC …

Hon. Opposition Members: Aah!

Lieutenant-General Shikapwasha: … including the parastatal newspaper institutions where other people believe in walking into offices without invitation.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Kambwili: Mr Speaker, is the hon. Minister aware that one of the reasons compliance has been very low is that news always covers the President, Vice-President and Movement for Multi-party Democracy only? What are you doing to correct this situation?

Lieutenant-General Shikapwasha: Mr Speaker, everything that is newsworthy in the country is captured by ZNBC. If someone is not captured, it means he/she is not newsworthy.

Hon. Opposition Members: Aah!

Lieutenant-General Shikapwasha: In certain cases, public media reporters have been thrown out of Patriotic Front (PF) meetings. How, then, can reporters capture a party that throws them out of its meetings?
.
I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr D. Mwila: Mr Speaker, I would like to find out whether the Government has conducted a survey to establish the number of people who own television sets.

Lieutenant-General Shikapwasha: Mr Speaker, a survey is being carried out and shall continue to be carried out through television set dealers. Our survey will capture all those who have bought television sets in the past so that everybody is captured. We have learnt from the South African Broadcasting Corporation (SABC) how this is done. We have carried out a study and we believe that we are on the right track.

I thank you, Sir.

Mr Mwenya: Mr Speaker, since the introduction of television licence fees, what significant achievements has ZNBC made in terms of service provision to the country?

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.

[MR SPEAKER in the Chair]

Lieutenant-General Shikapwasha: Mr Speaker, when business was suspended, I was about to respond to a question raised by the hon. Member for Nkana. Everything has been done to ensure that ZNBC provides quality service to all Zambians. As at now, all the rural areas are receiving the ZNBC radio signal. We want to do the same for the television service as soon as the rest of the terrestrial project is completed.

I thank you, Sir.

NDOLA/MUFULIRA ROAD

257. Mrs Kawandami (Chifubu) asked the Minister of Works and Supply when the Government would resurface the Ndola/Mufulira Road.

The Deputy Minister of Works and Supply (Mr Mangani): Mr Speaker, it should be noted that the Ndola/Mufulira Road has outlived its useful life. As such, in 2007, the Government awarded a contract to China Engineering Geo Corporation for the periodic maintenance of approximately 60 km of Road M004 from Ndola to Mufulira at a total cost of K4.8 billion.

Sir, the aim of the project was to extend the life of the road while the Government sources for adequate funds to undertake full rehabilitation of the road. It must be understood that, while resurfacing may be a good idea for roads which still have life, it would not be the best option for the Ndola/Mufulira Road which has outlived its usefulness.

Mr Speaker, the Government will continue maintaining the road as funds for the full rehabilitation of the road are being sourced.

I thank you, Sir.

Mrs Kawandami: Mr Speaker, the Ndola/Mufulira Road is critical for economic reasons. I am aware that the road was recently worked on. However, is the hon. Minister aware that all that was done on the road was chip and spray? No proper maintenance was done on that road because, immediately  …

Mr Speaker: Order!

Laughter

Mr Mangani: Mr Speaker, the Government is aware of the importance of this road and that the work that was done this year was not adequate. This is why we are looking for adequate funds to fully rehabilitate the road because of its importance.

I thank you, Sir.

ZDA COMPANY SALES

258. Mr D. Mwila asked the Minister of Commerce, Trade and Industry:

(a) how many companies were sold by way of management buy-out by the Zambia Development Agency (ZDA) from 2000 to 2010;

(b) how much money was raised from the sale of the companies above; and

(c) how the money from the sale was utilised.

Dr Musokotwane (on behalf of the Minister of Commerce, Trade and Industry (Mr Mutati)): Mr Speaker, there were no state-owned companies sold to management buy-out teams between 2000 and 2010. However, there were twenty-four State owned enterprises that were sold during the same period through public tender.

Sir, a total of K3,955,126,000,000 was realised from the sale of the twenty-four  companies indicated below which were sold through public tender between 2000 and 2010.

Name of Company  Date Privatised  Purchase 
   Consideration
   (ZMK million)

Amalgamated Million – Roncaglia Mill 31st July, 2001 52,000,000
Crested Crane Hotel 20th December, 2000 11,000,000
Dunlop (Zambia) Limited 30th March, 2001 256,000,000
ESCO Properties - 3,688,000,000
ESCO Lusaka 2009 13,000,500,000
Kagem Minerals Limited 18th May, 2001 9,000,000,000
KafueTextiles (Zambia) Limited 17th March, 2005 5,000,000,000
Kabwe Tannery Limited 2nd February, 2009 5,825,000,000
Lublend Limited 31st December, 2000 521,000,000
Maamba Collieries Limited 18th December, 2009 130,000,000,000
NDC Property-Parklands Kitwe 12th October, 2000 48,000,000
New Savoy Hotel 15th February, 2002  3,150,000,000
ZAFFICO Dola Hill Sawmill 25th February, 2002    2,500,000,000
ZAFFICO Kafubu Sawmill 15th August, 2001    5,750,000,000
ZAFFICO Kalibu Sawmill 15th August, 2001    1,120,000,000
Zambia Telecommunications Company 5th June, 2010 1,285,000,000,000
ZCCM (C) Mufulira Division 18th February, 2000 215,000,000
ZCCM Nampundwe Pyrite Mine 31st March, 2000 150,000,000,000
ZCCM (L) Chingola Refractory Ore
Dumps 30th March, 2000 150,000,000,000
ZCCM Konkola Division 30th March, 2000 150,000,000,000
ZCCM Nchanga Division 31st March, 2000  300,000,000,000
ZCCM Nkana Mine 18th February, 2000  215,000,000,000
ZCCM Mulungushi and Lunsemfwa
Power Station 21st December, 2001       1,250,000,000
Zambia Railways Limited 14th February, 2003 1,267,504,000,000
Zambia National Commercial Bank 22nd January, 2007      41,250,000,000
Total  3,954,925,500,000

Mr Speaker, the net proceeds of the sale of the companies through public tender were deposited in the Privatisation Revenue Account under the Ministry of Finance and National Planning and, therefore, became part of general revenue.

I thank you, Mr Speaker.

Mr D. Mwila: Mr Speaker, from the list of the twenty-four companies which were sold, will the hon. Minister indicate which ones are currently not running their businesses.

Dr Musokotwane: Mr Speaker, I have a list of the twenty-four companies that were sold, but I am unable to tell which ones of these have closed down.

I thank you, Sir.

Mr Simuusa: Mr Speaker, is it true that companies which were sold through the management buy-out mode have not performed well in Zambia? Why is it that management buy-outs do not work in the country? What is the reason for their failure?

Dr Musokotwane: Mr Speaker, clearly, that question is outside the framework of the question currently on the Floor of this House, but I can respond to it by stating that some companies which were sold through the management buy-out mode have clearly failed to survive. There are several examples of companies which have failed to survive even when others have succeeded. Therefore, one cannot generalise his/her statements when looking at such issues. We have to look at the evidence before us company by company. The former Zambia Pork Products is an example of a company which was sold through the management buy-out mode which failed to survive. I also know that the former Copperbelt Energy Corporation (CEC) was partly sold to management and has managed to survive.

I thank you, Sir.

RESEARCH AND DEVELOPMENT COMPLEX

259. Dr Chishya (Pambashe) asked the Minister of Science, Technology and Vocational Training whether there were any plans to establish a research and development complex to cover areas that require heavy investment.

The Minister of Science, Technology and Vocational Training (Mr Daka): Mr Speaker, the Ministry of Science, Technology and Vocational Training intends to establish a science complex in the eastern part of Lusaka.

Sir, this complex will consist of offices, laboratories, pilot plants, technology incubators and other facilities vital to research, development and innovation. As indicated in the ministry’s budget for 2011 and the Sixth National Development Plan (SNDP) for the period 2011 to 2015, the ministry has already planned for setting up some of these structures in the next five years.

Once completed, it is envisaged that some of the ministry’s statutory institutions housed in temporary offices such as the National Technology Business Centre and the National Science and Technology Council will move there.

Sir, moreover, with the support of the Germany Government, the ministry intends to put up a regional science service centre which is expected to address the regional impact of climate change on fresh water and land resources, including biodiversity as well as the ability of the ecosystem to serve the human population dependent on them in an equitable and sustainable manner.

I thank you, Mr Speaker.

Dr Chishya: Mr Speaker, I must commend the hon. Minister for that answer. Is he, therefore, thinking of attracting the private sector’s participation in the successful implementation of the plan in question?

Mr Daka: Mr Speaker, you cannot cook nshima and then eat it all by yourself. We have noticed that the private sector’s participation in national development is vital. As you go along the Great East Road, you will see a complex on the right side which is a partnership between the private sector and the Ministry of Education. We intend to build similar partnerships in order to enhance the activities that take place at our science parks in Zambia.

I thank you, Mr Speaker.

Mrs Musokotwane: Mr Speaker, what criteria was used to choose the eastern part of the country and not any other part of Zambia?

Mr Daka: Mr Speaker, in the eastern part of Zambia, half of the land next to the airport belongs to the Ministry of Science, Technology and Vocational Training. We already have research centres such as the Mount Makulu Research Station which are located on the southern part of Zambia. We are doing all this in order to make sure that our presence is felt all over Zambia. We do not want any segragation in our approach. In the eastern part of Zambia, we have more than 200 hectares of land which is next to the National Institute for Scientific Research.

I thank you, Mr Speaker.

__________

BILLS

FIRST READING

THE TRADITIONAL BEER (Repeal) BILL, 2011

The Minister of Local Government and Housing (Dr Chituwo): Mr Speaker, I beg to present a Bill entitled the Traditional Beer (Repeal) Bill, 2011. The object of the Bill is to repeal the Traditional Beer Act, 1930.

I thank you, Mr Speaker.

Mr Speaker: The Bill stands referred to the Committee on Estimates. The Committee is required to submit its report on the Bill to the House by Wednesday, 16th 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 TRADES LICENSING (REPEAL) BILL, 2011

Dr Chituwo: Mr Speaker, I beg to present a Bill entitled the Trades Licensing (Repeal) Bill, 2011. The object of the Bill is to repeal the Trades Licensing Act of 1968.

I thank you, Sir.

Mr Speaker: The Bill stands referred to the Committee on Estimates. The Committee is required to submit its report on the Bill to the House by 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.

THE LIQUOR LICENSING BILL, 2011

Dr Chituwo: Mr Speaker, I beg to present a Bill entitled the Liquor Licensing Bill, 2011. The object of the Bill is to:

(a) regulate the sale and supply of intoxicating liquors;

(b) repeal and replace the Liquor License Act of 1959; and

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

I thank you, Sir.

Mr Speaker: The Bill stands referred to the Committee on Economic Affairs and Labour. The Committee is required to submit its report on the Bill to the House by Wednesday 16th 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 URBAN AND REGIONAL PLANNERS BILL, 2010

Dr Chituwo: Mr Speaker, I am delighted to present my policy statement …

Mr Speaker: Order!

You may first move that the Bill be read a second time.

Interruptions 

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

Mr Speaker, I am delighted to present my policy statement on the enactment of the Urban and Regional Planners Bill, 2010.

Mr Speaker, the Urban and Regional Planners Bill, 2011 is aimed at regulating urban and regional planning practice in the country. The urban and regional planning profession has been eroded by so many people who are ill-qualified to practice as planners.

Mr Speaker, there are a number of challenges faced as a result of non-regulation of this profession. Some of the problems attributed to this are the insufficiently regulated planning profession, as evidenced by plot encroachment, increase in illegal settlements and traffic congestion.

Mr Speaker, if this country was to ensure decency in the built environment, there is a need for an orderly, attractive and healthy profession. Currently, there is, in existence,  the Zambia Institute of Planners (ZIP) registered in accordance with the Societies Act. However, this institute has no legal basis to regulate its membership. In view of the aforesaid, it is, therefore, important that the profession is regulated to enhance professionalism.

Mr Speaker, urban and regional planning in Zambia is regulated by the Town and Country Planning Act, Cap. 283 and the Housing (Statutory and Improvement Areas) Act, Cap. 194 of the Laws of Zambia. However, the two pieces of legislation provide for the regulation of urban and regional planning. They do not provide for the registration and regulation of planners, hence the introduction of the Bill. This Bill will effectively regulate all members of physical planning cadre in order to improve quality of development. 
 
Mr Speaker, I thank you.

Mrs Musokotwane (Katombola): Mr Speaker, your Committee scrutinised the Urban and Regional Planners Bill, 2010, referred to it on 26th November, 2010.

Your Committee welcomes the enactment of the Urban and Regional Planners Bill. The enactment of the Bill, which will result in the regulation of urban and regional planning, will entail that practitioners have the following advantages, among others:

(i) control of the qualifications of practitioners. Currently, there is a situation where most planning offices are manned by people with wrong qualifications. A well-trained cadre of planners and ultimately a professional planning industry will lead to the development of well-planned settlements in the country;

(ii) ensure that all the practitioners are registered before they start practicing. This will make it easier to monitor the practitioners for compliance of practice and will also ensure that individuals practising illegally are eliminated;  

(iii) registration of practitioners will also ensure that available jobs are given only to those who have recognised qualifications; and

(iv) registration of urban and regional planners will further ensure that there is sanity and quality in the urban and regional planning products and services that are offered.

Mr Speaker, while your Committee recommends the Bill for favourable consideration by the House, it makes the following recommendations for amendments:

(i) part 1 of the Bill on interpretation should include, among others, commencement date of the Act; substitute “Allied Professionals” with “Associate Members” so that the Bill is in line with the constitution of the institute and substitute the phrase “past president” with “immediate past president”. Your Committee, however, is of the view that an immediate past president who has been removed from office for misconduct should not be a member of the council;

(ii) in part 2 of the Bill, the amendment of the sub-title of the Bill should read “the Zambia Institute of Urban and Regional Planners.” This would remove the broad definition the current title denotes which, as it is, would include other sectors such as financial or economic planners in the present form; and

(iii) clause 5 (3) (B) must include “council members” after the Vice-President. Your Committee has further made recommendations for inclusion in part (3) and (5) of the Bill for favourable consideration by this august House.

Mr Speaker, your Committee wants to emphasise the importance of sanity in the implementation of urban and regional planning in Zambia. There is a need for the country to work on reducing the occurrences of the problems in urban and regional planning which include plot encroachment, unplanned settlements and traffic congestion. These problems will take serious political will to solve.

Finally, Mr Speaker, your Committee wishes to express its gratitude to you for granting it the opportunity to scrutinise the Urban and Regional Planners Bill, 2010. It also wishes to thank the office of the Clerk of the National Assembly for the support rendered to it throughout its deliberations. The Committee is indebted to all the stakeholders who appeared before it for their co-operation in providing the necessary briefs.

Mr Speaker, I thank you.

Hon. Members: Hear, hear!{mospagebreak}

Mr Mooya (Moomba): Mr Speaker, I stand here as a Member of your Committee and I would like to emphasise one or two points.

Sir, this is a very welcome move. I wonder why it has taken forty-six years for this law to be brought to this House when it should have come immediately after independence. Now that we have this law, what is important is to enforce it. In order to do this, political will is required by future governments because we all know the background.

Mr Speaker, at the time of independence, we had orderliness in the way towns were planned. A few years after independence, this orderliness was watered down the drain as political interference crept in. As a result, we have the shanty compounds, illegal settlements and occupation of areas that are not supposed to be occupied, hence the flooding in some areas. Therefore, I am appealing to you that this law be enforced. Political will is required if we have to reverse the ugly face of Zambia.

Finally, Mr Speaker, allow me to bring in a related issue to this debate. Yesterday, during the Questions for Oral Answer Session, I heard the hon. Minister of Local Government and Housing talk about vertical spacing. The way I understand vertical spacing is that we have to demolish shanty compounds and come up with highrise flats.

There is an article which has interested me in today’s Zambia Daily Mail entitled, “Engineers, Planners urged to include Culture in Designs and Planning.” Here, I am referring to indigenous engineers who are very conversant with our culture. In my opinion, according to our culture, vertical spacing is not the type of approach we are used to. Therefore, this issue must be tackled by indigenous planners who understand our culture very well. A lot of people are not used to high rise buildings.

Sir, when I went to China, I found this scenario. China and other developed countries’ scenario are different from ours. Therefore, I would request the hon. Minister to be cautious on this approach. In China, there is a one-child policy whilst here in Zambia, there is no such a policy. A person can have as many as ten children. You can imagine families of ten children occupying these flats. In my opinion, these flats would not be looked after very well.

For example, one hon. Member asked a question regarding the flats in Kabwata Estates and his question was not answered properly.  If you go there you will see that there is not much care rendered to them at all. These flats are too old and are an eye sore. Therefore, when you come to implement this idea, if it will be accepted, you must look into the aspect of our culture and establish whether our people will live happily in these high rise flats. Otherwise, this Bill is a very welcome move as it is long overdue. However, please, we must have the political will to implement the law.

I thank you, Sir.

Mr Zulu (Bwana Mkubwa): Mr Speaker, I support this Bill in totality.

Sir, it is said that if you fail to plan, then you are automatically planning to fail. Life is very simple. It is just like a combination lock. What we need, as individuals, is to find the numbers in their orderly manner so that we can unlock it. I think, that is what this Bill intends to do.

Sir, every week, I travel to Lusaka and pass through Kapiri Mposhi, …

Hon. Member: Hear, hear!

Mr Zulu: … which is a new town. If you visit other countries, you find that a new town has all the facilities. It is supposed to be better than yester year’s town. However, if you look at Kapiri Mposhi, today, there are no roads to talk about. If a fire broke out in one of the structures, there is not even a path where a fire tender can pass. That is how bad the situation is. Sometimes, I wonder whether we have got any town planners.

Today, there is congestion in every town. There is congestion even on the Copperbelt. Every road is congested and there is nowhere to park as a result of bad planning. Mr Speaker, we have no way out and we have to pay for this. For this reason, I urge the new town planners to plan properly.

There is nothing impossible in engineering. All we need to do is just mobilise our resources. My colleague who was on the Floor before me will agree with me that, in engineering, we use nature to defeat nature. There is nothing new.

Mr D. Mwila: Ba mudala! Are you an engineer?

Mr Zulu: Mr Speaker, when I am driving into town, I even wonder how people coming from Levy Business Park will be connecting into the existing roads. It is chaotic. We should wait until that complex is completed to see the chaos created by the bad planning of our planners.

Mr Speaker, it is good that this Bill is coming up so that we can regulate it. Some of the people who work for the council – I used to work for the council many years ago – have no knowledge of what they are doing. When you do not know what you are doing, then you are doing the wrong thing. I know it will take a long time to regulate, but with the Bill in place, it will be done.

Mr Speaker, we used to train town and country planners at the Zambia Institute of Technology (ZIT), but I do not know if that course is still there because I do not see the products from the institution. Where I come from in Ndola, the Ndola City Council is chaotic. People do not even know what they are doing and I do not know where we are going. I hope that this Bill will clear this chaos.

Mr Speaker, modern townships like Chalala in Lusaka have no roads. You cannot have a country where people allocate plots, get service charges, but fail to provide services. I was an engineer for Livingstone and when 1,000 plots were given along the road to the airport. We provided all the services and if you go there now, you will find the place well serviced.

Mr Speaker, at the moment, the council is just giving plots without providing services such as roads, sewerage facilities and water. I was in Choma three weeks ago and the situation is the same. The council does not even care where they allocate plots. In Ndola, some plots are just by the stream. I can simply say the situation is chaotic and I hope the Bill will bring sanity to this country.

Mr Speaker, I do not want to use the word which my colleague used yesterday but, many years ago, during the colonial rule, we had plans stipulating where everything would be; churches, playing fields, schools and bars. However, at the moment, we have churches next to bars and we have bars next to schools. What type of planning is this that is done by modern engineers? When we were being trained as engineers, there were no computers, but just slide wheels and we did the job. Currently, with all the computers and modern technology, the engineers are failing to plan. It is my sincere hope and prayer that this Bill will bring sanity again.

Mr Speaker, now that the town planners will be registered and regulated, it is my hope that all the planning authorities will be compelled to recruit and employ qualified people who will belong to this particular institution which we are creating today.

I thank you, Sir.

Hon. Members: Hear, hear!

Mrs Masebo (Chongwe): Mr Speaker, I rise to add my voice to the debate on this very important Bill.

Firstly, I would like to commend the hon. Minister of Local Government and Housing for bringing this Bill. The issue of planning has been a big problem because we did not have an institution like this one which regulates planners. I do not know what the position is now because, previously, there was a conflict between the planners under the Ministry of Local Government and Housing and those under the Ministry of Finance and National Planning.

Mr Speaker, you will recall that, in the good old days, there were planners in districts, provinces and at the national level. At the national level, the plans would come from the districts to the Ministry of Local Government and Housing and, after the harmonisation of all these plans which have the description of the socio-economic aspects of the communities, it would then go to the Ministry of Finance and National Planning to add value in terms of money. The planners in the Ministry of Finance and National Planning were required to state how much money was required to implement the plan, but all that got destroyed after a period of time. As a result, we are seeing unplanned settlements all over. In Lusaka, although the plan was old, it was not being followed by the local authorities because where it showed a school, residential plots were given.

Mr Speaker, because of the friction amongst the planners, it was difficult to know who was supposed to do what. I am happy about this new development because I am certain that it will define who are the spatial planners and the economic planners. There was a situation where other planners were doing everything instead of drawing the line, hence the confusion.

Mr Speaker, I would like to urge the hon. Minister to review the Planning Department actively advocating for this at the provincial level because without that department, there would be no linkage among the district, province and Ministry of Local Government and Housing who are the principle spatial planners. This achievement by the Government is good because it reminds me of one gallant Zambian, Mr Simeo Siame who actively advocated for this but is now deceased. This man kept pushing for this and it is good that, even after his death, it has been implemented. I would like to commend Dr Chituwo for this although I would like to say that there are still issues that need to be dealt with on the issue of planning. I hope that the hon. Ministers of Local Government and Housing and Finance and National Planning will harmonise the roles of the planners so that we know who is supposed to plan for what. If the ministries, at the central level are in confusion, what do you expect at the local level apart from chaos?

Mr Speaker, I would also like to state that the Government should help the students at the Copperbelt University by giving them bursaries because we do not have a lot of people in this profession. There must also be a deliberate step by the ministry to ensure that we have many Zambians training as planners.

Mr Speaker, we are in this situation because of people from various ministries who pose as planners and go into compounds to create plots and putting stamps on documents as surveyors when they are not. This Bill is timely and I just would like to thank the Government for it.

I thank you, Sir.

Dr Chituwo: Mr Speaker, through you, I would like to thank the Chairperson of the Committee and her members for analysing this Bill and coming up with very progressive suggestions which will be incorporated to clarify what was analysed as grey areas.
 
Mr Speaker, I would like to thank the Chair for being very precise and I also wish to thank Hon. Mooya and Hon. Masebo for supporting the Bill. I wish to state categorically that political will is definitely there, as demonstrated, after consultation, by bringing this Bill to this House for enactment. It is true that, in the absence of regulation and registration, we find ourselves inheriting such a chaotic situation in the area of spatial planning. However, enforcement certainly will be at two levels. The first is enforcement by the professionals themselves by finding out who was responsible for that kind of planning.

Mr Speaker, lastly, …

Mr Kambwili: Yes.

Dr Chituwo: … let me talk about the issue of utilisation of vertical space. Our population is growing, as the hon. Member has stated. Therefore, the challenge will be, how do we accommodate this growing population in decent living conditions because the land is limited. We will depend on the professionals, themselves, to see how we can accommodate this growing population. It is our wish that the Bachelor of Science in Building Environment at the Copperbelt University (CBU) will be enhanced in order to provide the much-needed skilled human resource in the area of planning.

Mr Speaker, I think, with this Bill, the confusion between the economic planners and spatial planners should not arise. As we embark on integrated development, which is one of the core businesses of our ministry, there will be specialisation which will assist in overall development of not only the towns and cities, but also the rural areas.

Mr Speaker, I thank you for the support for this Bill.

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

Committed to a committee of the Whole House.

Committee on Wednesday 9th March, 2011.

_____________

BILLS

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the
 Chair]

THE ANTI-GENDER-BASED VIOLENCE BILL, 2011

Title agreed to.

Clause 2 ordered to stand part of the Bill.

CLAUSE 3 – (Interpretation)

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Chairperson, I beg to move an amendment in Clause 3, on page 6, in line 13, by the deletion immediately after the word “blow”, of the word “eighteen” and the substitution therefor of the word “sixteen”.

Amendment agreed to. Clause amended accordingly.

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4, 5, 6, 7, 8, and 9 ordered to stand part of the Bill.

CLAUSE 10 (Application for Protection Order)

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in Clause 10, on page 15, in line 21 by the deletion immediately after the word “child”, of the word “or”.

Amendment agreed to. Clause amended accordingly.

Clause 10, as amended, ordered to stand part of the Bill.

Clauses 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and  41 ordered to stand part of the Bill.

SCHEDULE

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in the Schedule, on page 29, in paragraph 1, in line 5 by the deletion immediately after the word “representative”, of the words “from the Victim Support Unit”.

Amendment agreed to. Schedule amended accordingly.

Schedule, as amended, ordered to stand part of the Bill.

Title agreed to.

THE PENAL CODE (Amendment) BILL, 2010

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Repeal and Replacement of Section 133)

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in Clause 2, on page 3:

(a) in line 8 by the insertion of the following marginal note: 
Punishment of rape; and

(b) in line 11 by the deletion, immediately after the full stop, of the words “Amendment of section 137A”

Amendment agreed to. Clause amended accordingly.

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

CLAUSE 3 – (Punishment of Rape)

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in Clause 3, on page 3, in line 12:

(a) by the deletion of the marginal note and the substitution therefor of the following marginal note: 
Amendment of section 137A; and

(b) by the insertion, immediately after the words “one hundred and thirty-seven”, of the letter “A”.

Amendment agreed to. Clause amended accordingly.

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

CLAUSE 6 – (Amendment of section 159)

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in Clause 6, on page 4, in line 1 by the deletion, immediately after the word “word” of the word “answer” and the substitution therefor of the word “incest”.

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand part of the Bill.

Clause 7 ordered to stand part of the Bill.

CLAUSE 8 – (Amendment of section 177A)

The Vice-President and Minister of Justice: Mr Chairperson, I beg to move an amendment in Clause 8, on page 4, in line 16 by the insertion, immediately after the word “one hundred and seventy-seven”, of the letter “A”.

Amendment agreed to. Clause amended accordingly.

Clause 8, as amended, ordered to stand part of the Bill.

Title agreed to.
________________
                                                                                                                                           
HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bills were reported to the House as having passed through Committee with amendments:

The Anti-Gender-Based Violence Bill, 2010

The Penal Code (Amendment) Bill, 2010

Report Stages on Thursday, 3rd March, 2011

REPORT STAGE

The Juveniles (Amendment) Bill, 2010

Report adopted.

Third Reading on Thursday, 3rd March, 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 1740 hours until Thursday, 3rd March, 2011.