DAILY PARLIAMENTARY DEBATES FOR THE FIFTH SESSION OF THE TENTH ASSEMBLY

Thursday, 24th February, 2011

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

__________

MINISTERIAL STATEMENT

MIDDLE EAST CIVIL STRIFE

The Minister of Foreign Affairs (Mr Pande): Mr Speaker, I wish to thank you for this opportunity to apprise this House on the recent developments in the Middle East in general and in particular North Africa. It is common knowledge that this region has been engulfed by civil strife due to political factors unique to the countries affected. Our prime concern as the Government is the fact that some Zambian nationals are resident in some of these countries.

Mr Speaker, the countries so far affected include Egypt, Jordan, Yemen, Algeria, Bahrain, Libya and Morocco. Zambia has had very warm and cordial relations with all these countries and thus our interest in following closely the development in those countries. This august House may wish to know that there are several reasons being advanced for the civil strife. This is clear from media reports.

Mr Speaker, throughout our history, Zambia has upheld the principle of non interference in internal affairs of other countries. In view of the security situation explained above, many countries with national in these countries have started evacuating their nationals to safety particularly from Libya. The Government is, therefore, constantly assessing the situation and putting in place measures to evacuate forty-two Zambians from Libya. Currently, all Zambians in Libya and other countries are safe and we are in constant communication with our missions. So far, we have not received reports of any casualty or injury among Zambians living in any of the countries affected.

I thank you, Mr Speaker.

Hon. Members: Hear, hear!

Mr Speaker: Hon. Members may ask questions on points of clarification on the statement which has been given by the hon. Minister of Foreign Affairs.

Mr Mukanga (Kantanshi): Mr Speaker, I would like to find out what is happening in Morocco because to some of us this is news.

Mr Pande: Mr Speaker, the hon. Member of Parliament might have missed media reports that there are also demonstrations in that country.

I thank you, Mr Speaker.

Mr Mwiimbu (Monze Central): Mr Speaker, arising from the statement that has been made by the hon. Minister of Foreign Affairs, I would like to find out from him whether the Zambian Government is considering emulating the Government of the Republic of Botswana which has terminated diplomatic relations with Libya taking into account the human rights violations in that country.

Mr Pande: Mr Speaker, at the moment we are not considering doing that and we do not know exactly the reasons for Botswana taking such action. We look at each country on its own merits and have our own interests in the Middle East. Suffice it to say that our interests in the Middle East might not necessarily be the same as that of countries such as Botswana.

I thank you, Mr Speaker.

Mr Simuusa (Nchanga): Mr Speaker, in a neighbouring country, Zimbabwe to be specific, people were arrested and charged with treason for watching a video on the unrest in Egypt, Morocco and other countries in the Middle East. Considering that in our country as well some people have been arrested for treason for gathering and wanting to express their opinions, do Zambians have any cause to worry that if they are found watching a video on this unrest they can be arrested?

Interruptions

Mr Speaker: I just want to guide the House on a tiny aspect of that question. In Zambia there are cases before the courts, so we have to be very cautious or else we might prejudice what is going on and that is normally contrary to what we observe in this House. However, the hon. Minister of Foreign Affairs will answer any other issues raised in that question.

Mr Pande: Mr Speaker, I am here to speak on behalf of the Zambian Government and, therefore, I can not speak on behalf of the Zimbabwean Government.

I thank you, Mr Speaker.

Hon. Members: Hear, hear!

Mr Kapeya (Mpika Central): Mr Speaker, despite being assured by the hon. Minister that Zambians in the Middle East are safe, let me point out that some European states have already started evacuating their nationals. What are we waiting for as the Zambian Government?

Mr Pande: Mr Speaker, I have already stated that the Zambian Government is preparing to evacuate the forty-two Zambians in Libya. For the interest of the House, the forty-two consist of thirty-eight members of staff at our mission in Libya and four other Zambians in that country.  Of these other four, two are students while the other two are a footballer with his wife.

I thank you, Mr Speaker.

Mr Matongo (Pemba): Mr Speaker, would the hon. Minister of Foreign Affairs be categorical in his answer as it is known that a cobra removes its old skin every year, but remains a cobra.

Laughter

Mr Matongo: Zambia has for long time been condemning dictatorial governments, apartheid, leaders like Ian Smith and injustices everywhere. Why should we take a lukewarm approach towards rogue states such as those that are being overthrown in the Middle East? The hon. Minister should be categorical about this matter.

Mr Pande: Mr Speaker, I have learnt something about cobras.

Laughter

Mr Pande: Mr Speaker, the Government is, of course, concerned particularly with the violence that is in Libya resulting in the loss of lives. Zambia condemns any kind of violence regardless of who is perpetuating it.

I thank you, Mr Speaker.

Mr Nkombo (Mazabuka Central): Mr Speaker, it is said that a stitch in time saves nine. I want to know why the Government is not trying to evacuate all the Zambians that are domiciled in the republics that the hon. Minister of Foreign Affairs mentioned in his statement including Egypt, Jordan, Algeria, Bahrain and Morocco. Why is the Government only concerned about the forty-two in Libya? Why can we not also evacuate the other ones in other countries in that region?

Mr Pande: Sir, the repatriation of the Zambian nationals is necessitated by the atmosphere or insecurity in Libya. The other Zambian nationals in other mentioned countries cannot be evacuated because life is almost back to normal. So it is only in Libya where we fear for the lives of the Zambians. That is why we keep on monitoring through our embassies what is happening in these countries. The other countries for now are very safe.

I thank you, Mr Speaker.

Mr Chota (Lubansenshi): Mr Speaker, what is the total number of Zambians in the Middle East?

Mr Pande: Mr Speaker, there are forty-two in Libya, seventy-two in Tunisia and fifty in Egypt. So, the total number is 164 Zambian nationals.

I thank you, Sir.

Mr Imenda (Lukulu East): Mr Speaker, the hon. Minister in his explanation alluded to the fact that Zambia does not condone violence. I would like to find out how he reconciles what he said with what happened on 14th January, 2010 in Limulunga in the Western Province.

Mr Speaker: I have already guided the House on this matter. Let this matter take its course, then we can talk about it openly.

Mr Milupi (Luena): Mr Speaker, the hon. Minister made reference to the reasons that have caused strife in the countries that he mentioned. He listed some of them as being lack of political freedom, control of the public media and the use of that public media for propaganda, especially in Egypt and economic factors such as lack of employment and poverty. As these factors also prevail in this country, Zambia, will the hon. Minister state whether his Government has taken any lessons from this strife? Secondly, what measures are they taking to ensure that we do not have similar uprisings in this country?

Mr Pande: Mr Speaker, there are no similarities to what has happened...

Interruptions

Mr Pande: ... or what caused the strife in the Middle East and what is happening here. If anything, we continuously talk about the freedom of the press. I can challenge you by stating that there is no other country which has more freedom of the press other than Zambia at the moment.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr C. K. B. Banda, SC.(Chasefu): Mr Speaker, may the hon. Minister clear the air, for avoidance of doubt, that there is definitely a disproportionate application of force by security forces in Libya against demonstrators who are not armed while taking into account the point that this is a Government of laws and that the United Nations Security Council has already taken a position on this matter. Can you be categorical on the position of this Government vis-à-vis the disproportionate use of force on unarmed people?

Mr Pande: Mr Speaker, I have already condemned that. Additionally, the Human Rights Council which Zambia is part of will be meeting tomorrow to discuss the same issue. In fact, Zambia is among the countries that have requested that the members of the  Human Rights Council meet.

Thank you, Sir.

Mr Chongo (Mwense): Mr Speaker, dictatorial leadership is one thing that has been attributed to the unrests in many of these countries. What is the Government doing to sensitise Zambians that never ever should they engage dictators to rule this country lest we generate such a situation in this country?

Hon. Government Members: Hear, hear! Hammer.

Mr V. Mwale: Especially the cobra.

Mr Speaker: Order!

Mr Pande: Sir, I thank the hon. Member for raising that question. In this age and time, dictators should not be allowed. It is important for citizens, particularly hon. Members, to ensure that they do not relish leaders with dictatorial tendencies because that will not help this country.

I thank you, Sir.

Mr Mwango (Kanchibiya): Mr Speaker, the Zambian Embassy in Libya administers bursaries for students in Algeria. Now if the Zambian Government evacuates staff in Libya, who will look after the affairs of the students in Algeria and how safe are they in Algeria?

Mr Pande: Sir, we have two embassies that look after the Middle East, that is, the one in Cairo in Egypt and the one in Tripoli in Libya. As for the Zambian Embassy in Libya, the intention is to evacuate the forty-two Zambians. There is also a likelihood that a skeleton staff will be left to take care of the assets. Those who will remain in Libya will be evacuated to safer places within Libya.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, Libya has no constitution. It was suspended in 1969. In case, the forty-two Zambians are injured or there is a loss of property, which law is going to be applied to make sure that they are compensated and taken care of?

Mr Pande: Mr Speaker, there are other laws other than the constitution that will be applied.

I thank you, Sir.

Dr Machungwa (Luapula): Sir, considering the fact that the Libyan Government has used defence forces including the air force on its own people, has the Zambian Government made an attempt to engage Colonel Muammar al-Gaddafi and dissuade him from taking that route because what he is doing is obviously not supposed to be done?

Mr Pande: Mr Speaker, even if we had intentions to do so, communication with Libya has been very difficult. However, the Zambian Embassy has its own communication lines which are being used to monitor what is taking place.

I thank you, Sir.

____________{mospagebreak}

QUESTIONS FOR ORAL ANSWER

LUKULU HOSPITAL CONSTRUCTION

214. Mr Imenda (Lukulu East) asked the Minister of Health whether the Government had plans to construct a hospital in Lukulu District to cater for the growing population.

The Deputy Minister of Health (Dr Kalila): Mr Speaker, the Government is committed to the attainment of its vision in the health sector which is to ensure that there is equity of access to affordable, cost effective and quality health services as close to Zambian families as possible. In this regard, the Government has embarked on the construction of health facilities countrywide, including in the Western Province.

Mr Speaker, Lukulu District has an old hospital with a bed capacity of seventy. The hospital is, indeed, old and the infrastructure has become difficult and expensive to maintain. Lukulu is one of the districts where the Government is considering putting up a new hospital after Shan’gombo, Mongu and Kaoma District hospitals are completed.

Mr Speaker, I thank you.

Mr Imenda:  Mr Speaker, is the hon. Minister aware that this hospital was constructed, over sixty years ago, for a population of less than 5,000 people, whereas the current population is 80,000. Further, is he aware that Lukulu is heavily dependent on Chitokoloki, which is in the North-Western Province? So, for how long will Lukulu continue to be a spectator of development in other areas?

Hon. Opposition Members: Hear, hear!

The Minister of Health (Mr Simbao): Mr Speaker, at times, one tends to wonder whether or not certain areas are isolated islands. We are working very hard in the Western Province and have mentioned the hospitals we are building in that area and, indeed, for Zambia as a whole. Any one of us, and not necessarily the indigenous people, may end up there any day. The hospitals are meant for everyone and not just for those who may live within a kilometre of that area. We are building hospitals in Shang’ombo, Mongu and Kaoma at the moment and, later, we will build in Lukulu. I do not understand what is wrong with that.

I thank you, Mr Speaker.

Mrs Banda (Chililabombwe): Mr Speaker, I would like to find out from the hon. Minister why Chililabombwe is the only district on the Copperbelt without a hospital.

Mr Speaker: The Minister of health may volunteer a bonus answer.

Mr Simbao: Mr Speaker, I have no answer to volunteer.

I thank you, Sir.

Mr Milupi (Luena): Mr Speaker, in his answer, the hon. Minister referred to the Western Province, and yet the question specifically referred to Lukulu. Is he aware that Lukulu is at least 200 km from Kaoma and that because the existing hospital is so old, it requires a lot of help? What help, therefore, is the Government giving to this Catholic-run hospital, which is in operation amidst under capacity and under funding.

Mr Simbao: Mr Speaker, I said that we are building hospitals in Shang’ombo, Mongu, where the hon. Member comes from, and Kaoma. We are going to build in Lukulu later on. What is wrong with that?

I thank you, Sir.

Hon. Opposition Members: Aah!

Mr Lubinda (Kabwata): Mr Speaker, in his question, Hon. Imenda did not inquire about the sequence of building of the hospitals in the Western Province. He asked a very specific question. Therefore, may I solicit for a specific answer from the hon. Minister. Given the schedule that he has provided, can he indicate to this house, specifically, in which year the hospital in Lukulu will be built?

Hon. Opposition Member: Hear, hear!

Mr Simbao: Mr Speaker, the hospital in Lukulu will be built when the three hospitals I mentioned are completed.

I thank you, Mr Speaker.

Hon. Opposition Members: Hear, hear!

Mr Lubinda: Boma made simple!

IMMIGRATION DEPARTMENT ESTABLISHMENT

215. Mr Malama (Mfuwe) (on behalf of Mr Kambwili) (Roan) asked the Minister of Home Affairs:

 (a) What the total establishment of the Immigration Department was in 2009;

(b) What the total amount of money spent on personal emoluments in the        
               department was in 2009.

The Deputy Minister of Home Affairs (Mr Taima): Mr Speaker, the total establishment of the Department of Immigration in 2009 was 627 officers.

The total amount of money spent on personal emoluments in 2009 was K12,507, 487,250.00.

Mr Speaker, I thank you.

Mr Malama: Mr Speaker, I would like to find out from the hon. Minister when the last recruitment was and whether the Government plans to recruit more immigration officers.

Mr Taima: Mr Speaker, the last recruitment for the Immigration Department was done in 2009 and we trained 100 officers who have been assimilated into the system. We plan to recruit some more except that we do not have treasury authority to recruit this year. We look forward to when treasury authority will be given so that we can recruit.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, the hon. Deputy Minister indicated that the establishment in the Immigration Department, in 2009, was 627. What was the actual number in post?

Mr Taima: Mr Speaker, we had 599 officers employed against the total establishment of 627 officers as earlier indicated.

I thank you, Sir.

EDUCATION CURRICULA

216. Mr Chisala (Chilubi) asked the Minister of Education whether the University of Zambia (UNZA) and the Copperbelt University (CBU) were consulted when developing the primary and secondary education curricula.

The Deputy Minister of Education (Mr Sinyinda): Mr Speaker, UNZA and the CBU, like any other stakeholders, are consulted when developing the primary and secondary education curricula.

I thank you, Sir.

Mr Simuusa (Nchanga): Mr Speaker, if there is consultation, I would like to find out from the hon. Minister why there are high drop-out rates at the universities in science subjects.

Mr Sinyinda: Mr Speaker, as a ministry, we are not aware about the performance of students with regard to science subjects. However, we do acknowledge that there may be a few that may not do as well as expected. Nonetheless, the quality of our secondary school leavers who go to either the CBU or UNZA is very good.

I thank you, Sir.

Mr Kapeya (Mpika Central): Mr Speaker, I would like to learn from the hon. Minister how often the ministry reviews the primary and secondary education curricula.

Mr Sinyinda: Mr Speaker, the revision of the primary and secondary school curricula is done whenever it is deemed necessary. For example, in 2009, stakeholders, including the CBU and UNZA, were involved in consultations at a symposium. The consultations are still continuing.

I thank you, Sir.
 
KAFUE GORGE HYDRO POWER STATION

217. Mr D. Mwila (Chipili) asked the Minister of Energy and Water Development:

(a) what the future business plan for the Kafue Gorge Hydro Power Station was; and

(b) how much money would be invested in the project.

The Deputy Minister of Energy and Water Development (Mr Imasiku): Mr Speaker, the House may wish to know that Kafue Gorge Hydro Power Station was recently rehabilitated and is now running fully as part of the Zambia Electricity Supply Corporation (ZESCO) generation portfolio. In the medium term, the focus will be on its operation and maintenance.

Sir, as stated above, the rehabilitation of Kafue Gorge Hydro Power Station was recently completed and up rating of the machines and facilities was part of the Power Rehabilitation Project (PRP).

Mr Speaker, works at Kafue Gorge Power Station commenced in 2002 and were completed in 2009. A total sum of US$81,594,284, equivalent to K349, 112,335,000, has been spent. The power station has been up rated from the original capacity of 900 MW to 990 MW. With the completion of the PRP works, the machine availability and reliability has been increased.

Sir, in terms of expansion, the current business plan is focused on the Kafue Gorge Lower, Itezhi-tezhi and Kariba North Bank Extension Power projects. Kafue Gorge Lower and Itezhi-tezhi projects will be run on a public-private partnership (PPP) basis.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, the hon. Minister informed the House that US$ 81,594,284 million was spent on this project. May he indicate how much of that money was contributed by the Government.

I thank you, Sir.

Mr Imasiku: Mr Speaker, this project is wholly owned by the Government and most of this money came from it and its co-operating partners.

Mr Beene: Mr Speaker, in his response, the hon. Deputy Minister has talked about the development of Itezhi-tezhi. May he inform this House when the project will commence, instead of just placing advertisements on television regarding the project. This is given the fact that a total of US$50 million was given to this country to fund this project.

Mr Imasiku: Mr Speaker, I would like to assure the hon. Member that the project for Itezhi-tezhi will start this year. The agreement was signed in January, 2011.

I thank you, Sir.

Mr Chanda (Kankoyo): Mr Speaker, I would like to find out what progress has been made on the Kafue Gorge Lower Project.

Mr Imasiku: Mr Speaker, the Kafue Gorge Lower Project is almost starting. It is rated to be able to produce about 750 MW. I would like to assure the hon. Member that a memorandum of understanding (MoU) has already been signed with the Sinohydro Corporation Limited and the China-African Movement Fund has already provided funding.

Mr Speaker, the project is starting this year.

I thank you, Sir.

Mr Mwiimbu (Monze Central): Mr Speaker, I would like the hon. Minister to confirm that the advertisement running on the Zambia National Broadcasting (ZNBC) purporting that the works on the Itezhi-tezhi Hydro Project have already commenced is misleading. This is because what is happening there is the same as works not having started.

Mr Imasiku: Mr Speaker, starting a project means starting all the processes. The agreement was done in January. We are just waiting for the contractor to do the job in April, when the weather is okay.

Sir, everything is in place and the project will start.

I thank you, Sir.

Mr Speaker: Order!

Hon. Members will recall that the word ‘okay’ is not English …

Laughter

Mr Speaker: … and has been ruled unparliamentary in the House.

Mr Nkombo (Mazabuka Central): Mr Speaker, in his response, the hon. Minister reaffirmed the position that the Kafue Gorge Lower Power Station construction is under a PPP. I would like him to educate me on the expected time of the return on investment from the partner that the Government has entered into this project with, considering that that is just one component of power generation which also includes distribution and transmission.

Mr Imasiku: Mr Speaker, I would like to inform the House that it is hoped that by 2016, the project will be completed. The co-operating partners will be involved in producing and selling power. The partners will only have access to their profits once the project is completed.

Sir, it is better for people to know that a project like hydro power investment takes time to construct. The project may go up to 2016 and only then are we going to realise whatever profits will be accrued by the concerned partners.

I thank you, Sir.

Mr Kapeya: Mr Speaker, I would like to find out why, for the past three months, the Northern Province has been experiencing power outages on a daily basis.

Mr Imasiku: Mr Speaker, when hon. Members face problems in their provinces, it is better for them to alert us about them. I am not aware of that issue. However, if it is really happening, we will investigate and correct the situation.

I thank you, Sir.

LIMULUNGA ROYAL ESTABLISHMENT PAVILION

218. Mr Milupi asked the hon. Minister of Community Development and Social Services whether the Government had any plans to construct a pavilion with adequate seating capacity around Nayuma Harbour at Limulunga Royal Village to cater for the large crowds that attend the Kuomboka Ceremony each year.

The Deputy Minister of Community Development and Social Services (Mr Malwa): Mr Speaker, I wish to inform this august House that the Government, through the Ministry of Community Development and Social Services, has an on-going programme of facilitating the construction of permanent structures at traditional ceremony venues such as the Nayuma Habour at Limulunga Royal Village in Mongu, Western Province. Hence, support for the construction of the pavilion and seating arena will be undertaken through the Self-help Initiative Programme by the Ministry of Community Development and Social Services in the Department of Culture Affairs.

Sir, under this specific request, the organisers of the Kuomboka Ceremony, the Barotse Royal Establishment (BRE) are expected to initiate the construction programme by asking the community to mould bricks, provide labour and other available contributions. The Government’s role then will be to support the community’s initiative by providing construction material support such as roofing sheets, adequate seating capacity arrangement, water reticulation system and engineering services for the envisaged seating pavilion.

Mr Speaker, support by the Ministry of Community Development and Social Services awaits a request from the organisers of the ceremony, the BRE who should agree with the Government on the obligations of each party.

I thank you, Mr Speaker.

Mr Milupi: Mr Speaker, is the hon. Minister aware that the Kuomboka Ceremony is termed as the biggest traditional ceremony in the world by United Nations Educational, Scientific and Cultural Organisation (UNESCO) and, as such, it hosts hundreds of thousands of spectators, including tourists. Is he, therefore, serious to suggest that a pavilion to seat so many people can be constructed through a self-help initiative?

The Minister of Community Development and Social Services (Mr Kaingu): Mr Speaker, according to our records, we are not aware that the Kuomboka Ceremony is one of the ceremonies recognised by UNESCO. In fact, a protocol is being prepared for us to register the Kuomboka Ceremony with UNESCO.

Hon. Government Members: Hear, hear!

Mr Kaingu: Sir, as for the seating arrangement at the Kuomboka Ceremony, I agree with the hon. Member that it is urgent and high time that the organisers of the Kuomboka Ceremony did something about it at the Kuomboka Ceremony site.

Mr Speaker, this Government has so many policies and one of them is the PPP. The organisers of the Kuomboka Ceremony could use the PPP to engage the Government. One other thing that the hon. Member, who is also an Induna must know is that matters of culture involve a lot of rituals. Therefore, we cannot just, as a Government, walk to Nayuma and construct a seating pavilion for the people who attend the Kuomboka Ceremony. They need to engage the Government.

I thank you, Sir.

Mrs Imbwae (Lukulu West): Mr Speaker, I am grateful that the hon. Minister has talked about the PPP. There are so many tourists who come to the Kuomboka Ceremony from whom a lot of revenue is raised. Therefore, is there no way the Government can use some of this money to extend the seating capacity at Nayuma Harbour?

Mr Kaingu: Mr Speaker, to date, we do not know the number of people who attend the Kuomboka Ceremony. It is high time the organisers of the Kuomboka Ceremony kept the records of the numbers of people who attend the ceremony. I want to say that the money that is generated from all the activities at the Kuomboka Ceremony is retained by the community. I agree with the hon. Member who has just asked that question that the community must engage the Government because the construction of our permanent structures at all the traditional ceremonies is community driven.

I thank you, Sir.

Mr Imenda: Mr Speaker, during the Kuomboka Ceremony, the recipient of the foreign exchange is not the BRE, but the Government of the Republic of Zambia.

Hon. Opposition Members: Hear, hear!

Mr Imenda: Therefore, is the hon. Minister aware that the Government is supposed to show appreciation by using the funds raised during this ceremony to build the seating pavilion for the comfort of the tourists, very important persons and the hon. Members on your right?

Mr Kaingu: Mr Speaker, there is no evidence that shows how much money is realised from the Kuomboka Ceremony.

I thank you, Sir.

Mr Speaker: Let me guide the House on this matter. In fact, it is the private sector which is involved in earning this money and these are the transporters, hoteliers and tour operators. The Government merely markets ceremonies all over Zambia.

Mr Lubinda: Mr Speaker, the Kuomboka Ceremony is undoubtedly a tourist attraction for both local and foreign tourists. Would it, therefore, not be prudent for the Government to invest in that tourist attraction in a similar manner as is done in other tourist destinations such as the Kasaba Bay?

Hon. Opposition Members: Hear, hear!

Mr Kaingu: Mr Speaker, indeed, I agree that the Kuomboka Ceremony is a tourist attraction like other ceremonies such as the N’cwala Traditional Ceremony which will be celebrated this weekend. As a Government, we will try our level best to construct permanent structures at these ceremony sites. However, this must be a community driven exercise.

I thank you, Sir.{mospagebreak}

MARKETS AND BUS STATIONS ACT

219. Mr Mwango (Kanchibiya) asked the Minister of Local Government and Housing:

(a) what the progress on the implementation of the Markets and Bus Stations Act of 2007 was; and

(b) why marketers association had been permitted to establish their offices inside markets.

Mr Muteteka started looking for the written answer.

Interruptions

Mr Speaker: The hon. Deputy Minister is emotionally not in the House.

Laughter

The Minister of Local Government and Housing (Dr Chituwo): Mr Speaker, the Ministry of Local Government and Housing has received requests from Kitwe and Lusaka City councils to establish marketing boards in selected markets and bus stations. This has been done in conformity with Section 5.2 under the Act which states that a market and bus station shall be managed by a:

(i) local  authority in that area; or

(ii) management board

It should be noted, however, that management boards are merely a management option that a local authority may choose and are not mandatory. The submissions from local authorities are being carefully scrutinised, at the moment, for effectiveness before approval for implementation.

Mr Speaker, the Markets and Bus Stations Act No. 7 of 2007 states under Section 5 (1) that all markets and bus stations shall be under the control of a local authority having jurisdiction in the area in which they are situated. Further, Section 34 (4) states that after the commencement of this Act, any market association operating within a market that is under the management of a local authority or management board shall cease to operate within that market.

This provision takes care of those associations that existed in markets before this Act was enacted. Any association office is merely for membership recruitment and organisation and not to run the markets per se.

Mr Speaker, the Government has not permitted nor has any local authority requested for permission to have any market association establish an office within a market. Therefore, if any market association is occupying space within a market, it is doing so illegally and the respective local authority has the mandate to have this association removed from the market premises.

Mr Speaker, councillors and all hon. Members of Parliament that are members of various councils are encouraged to play their role as city fathers, by ensuring that the councils are implementing the various relevant pieces of legislation.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mwango: Mr Speaker, the Zambia National Marketeers Association (ZANAMA) has an office at Mpika market. Why has the Government allowed ZANAMA to operate from markets?

Dr Chituwo: Mr Speaker, as stated in our response, associations that have offices in market places are there for membership recruitment and not for the actual management and running of the markets.

I thank you, Sir.

Mr Mwiimbu: Mr Speaker, this particular piece of legislation has been in our statute books since 2007. According to the law, no person or organisation is allowed to manage any bus station in this country. How come the Ministry of Local Government and Housing has allowed individuals and organisations to manage bus stations in this country, particularly in Lusaka?

Dr Chituwo: Mr Speaker, the law is in place. If, as councillors we notice these activities in our areas of jurisdiction, we must participate in resolving that privately-run bus stations be stopped. Councils are run by council resolutions. Having observed this, it is an expectation that should have been done and brought to our attention.

Mr Speaker, I thank you.

Mr Simuusa: Mr Speaker, in line with the Markets and Bus Stations Act, can the hon. Minister clarify if the instruction that Chisokone Market should be sold to ZANAMA is legal?

Dr Chituwo: Mr Speaker, our answer is very categorical. There has been no instruction from my ministry to give Chisokone Market to ZANAMA. We have made provisions that if associations or individuals want to come together, they can partner under the PPPs to build and manage markets. If they so wish, this provision is there.

Mr Speaker, I thank you.

Mr Beene: Mr Speaker, the Market and Bus Stations Act of 2007 has no provision for markets to be political party cadres’ playground, often turned into boxing rings. When will the hon. Minister intervene so that cadres do not operate in markets?

Dr Chituwo: Mr Speaker, time and again, we have stated that civic duties should be conducted in a manner which is apolitical. We are, however, aware of the fact that, as associations come into place, each person has the right, according to the Constitution, to associate with any grouping. As far as we are concerned, these should be institutions where services are provided by people who belong to different political parties or religions. This has to be observed.

Mr Speaker, I thank you.

Mr Kapeya: Mr Speaker, I would like to find out from the hon. Minister whether it is in order for the Movement for Multi-party Democracy (MMD) to turn ZANAMA into its campaign wing in the major markets in the country.

Dr Chituwo: Mr Speaker, we are not aware and there is no MoU with ZANAMA to be our campaign manager in markets. However, if there is any association that shares the ideals of any political party, surely they have the freedom to do so. We cannot stop them.

I thank you, Sir.

Hon. MMD Members: Hear, hear! 
Mr Mwenya (Nkana): Mr Speaker, when will the hon. Minister write to the councils to give them directives on how markets are to be run considering that ZANAMA makes it difficult for councils to carry out their duties in markets?

Dr Chituwo: Mr Speaker, councils are aware of the provisions regarding the management of markets. As a Government, we know that there are other associations in the markets apart from ZANAMA that are also recognised because of their membership in the markets. Therefore, there is no discrimination whatsoever.

I thank you, Mr Speaker.

Mr Mukanga (Kantanshi): Mr Speaker, why has it taken four years to implement the Markets and Bus Stations Act of 2007 if it is not a way of protecting pro-MMD organisations in the markets?

Dr Chituwo: Mr Speaker, the Act provides for marketeers coming together and selecting representation on the boards. If associations do not agree, we have stated that people have freedom of association. If the associations are aggressive enough, they will take over the running of the markets. However, that does not mean that we are supporting ZANAMA. It is up to other associations to be as aggressive as ZANAMA. After all, ZANAMA is there for the welfare and benefit of its members that are marketeers.

Ms Siliya: Hear, hear!

Dr Chituwo: Surely, that is a good thing!

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr D. Mwila: Mr Speaker, may I find out what has delayed the implementation of this law?

Mr Speaker: That question has already been answered.

Mr Sikota, SC. (Livingstone): Mr Speaker, according to the hon. Member for Monze Central, councils are at fault for not implementing the law. What is the hon. Minister going to do about councils that fail in their duties to administer this particular piece of legislation?

Dr Chituwo: Mr Speaker, when such a situation prevails where councils are unable to convince marketeers to conduct elections, obviously, the status quo prevails. This is not healthy because the Act provides for the protection and participation of all marketeers by creating these boards.

I thank you, Mr Speaker.

Mr Kambwili: Mr Speaker, could the hon. Minister confirm to this House that this Government has given too much power to ZANAMA? As a result, councils are scared of ZANAMA and cannot, therefore, implement the law. Can he confirm and state why they have given too much power to ZANAMA?

Dr Chituwo: Mr Speaker, we have not given too much power to ZANAMA.

Mr Kambwili: Aah!

Dr Chituwo: ZANAMA is not everywhere, neither is it predominant in Lusaka markets. Basically, the issue is that within the associations in markets, there is what I call ‘fight for dominance’ within the associations. However, we, in the Government are advising councils to take leadership in sensitising marketeers that it is for their own good if they speak with a unified voice.

I thank you, Sir.

Dr Machungwa: Mr Speaker, can the hon. Minister confirm that the influence of associations such as ZANAMA is being felt because it strongly fights for the benefit of its members …

Hon. Government Members: Hear, hear!

Dr Machungwa: … which other associations ought to do?

Interruptions

Dr Chituwo: Mr Speaker, I wish to thank the hon. Member of Parliament for Luapula for reinforcing what I stated earlier …

Mr Kambwili: Shame!

Dr Chituwo: … that no association goes into a market before it is fully recognised. However, ZANAMA has exhibited a unity of purpose. So, any other association is free to do that solely for the benefit of its membership.

I thank you, Mr Speaker.

WATER RETICULATION SYSTEM IN CHIFUBU

220. Mrs Kawandami (Chifubu) asked the Minister of Local Government and Housing:

(a) what percentage of people in Chifubu Parliamentary Constituency had access to safe and adequate drinking water as of December, 2009; and

(b) when the Government would rehabilitate the existing water reticulation system in the Minsundu area.
Interruptions

Mr Speaker: Order!

The Deputy Minister of Local Government and Housing (Mr Muteteka): Mr Speaker, I wish to inform this august House that 60 per cent of people in Chifubu Constituency had access to safe and adequate drinking water as of December, 2009 which improved to 70 per cent by August, 2010.

Sir, there is no water reticulation system in the Minsundu area that supplies water to residents. However, there are production wells or boreholes that are operated by Kafubu Water and Sewerage Company and residents access water through stand taps that the utility company has provided at three different points.

Mrs Kawandami: Mr Speaker, is the hon. Minister aware that the residents of Chifubu access water only for an hour a day and some hardly get any water at all, especially those who live in the upper areas of Chifubu and Pamodzi?

Dr Chituwo: Mr Speaker, the hon. Member of Parliament for Chifubu was with me when I launched the Water Metering Installation Programme in her constituency. She is aware that more than 4,000 meters have been installed and the utility company is truly working towards installing more water meters.

Furthermore, the hon. Member is also aware of the level of dilapidation and vandalism of the water distribution network in Chifubu that is being attended to at the moment. No wonder water is available for a short period only. Water which is treated at a high cost goes to waste twenty-four hours daily because of vandalised taps. Surely, we should commend Kafubu Water and Sewerage Company for the efforts it is making to improve the accessibility to water in Chifubu.

I thank you, Sir.

Mr Mukanga: Mr Speaker, I would like to know if the Government has plans to bring a Bill on safe drinking water in order to protect the general public from accessing bad water provided by the various utility companies.

Dr Chituwo: Mr Speaker, we have the National Water and Sanitation Council (NWASCO) which is the regulator of all water supplies and takes into account the issue of quality and availability. Therefore, I do not think we need another law, unless we just want to review the NWASCO Act.

I thank you, Sir.

Mr Msichili (Kabushi): Mr Speaker, the Minsundu Water Treatment Plant has been there for a long time. I would like to know whether the Government has any intention of improving this old water plant.

Dr Chituwo: Mr Speaker, the treatment plant has already been improved upon. It is just a question of plugging the leakages to make it available in all places.

Mr Speaker, with regard to the larger Minsundu, we have a programme of empowering the local authorities to drill boreholes in order to improve access to water in areas where there is no distribution network. I would also like to state that, already, in this programme, seventeen district councils have benefited because each district has been allocated K300 million. This will continue and seventeen more districts will be given K300 million each. By so doing, water supply will improve in the peri-urban areas. I am not sure whether I should read out the seventeen districts, but I would like to say that the list is available.

I thank you, Sir.

Mrs Banda: Mr Speaker, I would like to find out from the hon. Minister when the remaining 30 per cent of the population in Chifubu will start receiving safe drinking water.

Mr Speaker: He said it is at 70 per cent now.

Dr Chituwo: Mr Speaker, I stated here that the programme is on going and, next week or so, more funds will be disbursed to Kafubu Water Sewerage Company to continue with the improvement of distribution of water supply not only in Chifubu, but also the rest of the city and in peri-urban areas. All I can say is that the programme to improve the water supply in Chifubu is on.

I thank you, Sir.

Mrs Mwamba (Lukashya): Mr Speaker, I would like to find out why the hon. Minister is commending Kafubu Water and Sewerage Company for supplying very little water, and yet during the by-election, the company demonstrated that it had the capacity to do more by supplying water to almost everybody on a daily basis.

Dr Chituwo: Mr Speaker, I wish the hon. Member was paying attention because I have attempted to explain the issues surrounding the wastage of water that is very expensive to supply. I wish to further say that the one hour which is being quoted does not apply because water supply has improved and metering has started. The plan is for the duration of water supply to improve from the current 6 hours to 12 hours.

Mr Speaker, let me take this opportunity to say that the mindset is that since we have rain water, we should not pay for water. I would like to appeal to residents that in order to supply them this rain water which God has given us, a lot of money is required. My appeal is that the hon. Member for Chifubu should sensitise the people to pay for water regardless of how little it may be so that the supply of safe drinking water continues.

I thank you, Sir.

Mr Chisala: Mr Speaker, Minsundu is a vast area where we do not expect to have only three water fetching points. I would like to know from the hon. Minister how soon his ministry intends to increase the number of water fetching points in Minsundu.

Dr Chituwo: Mr Speaker, a minute ago, I indicated that there is a programme in place where seventeen districts have been in receipt of K300 million as a start to sink, at least, ten boreholes and the programme is on going. This will be extended to Ndola.

I thank you, Sir.

Mr Kapeya: Mr Speaker, may the hon. Minister of Local Government and Housing be honest about whether he is happy with the performance of Chambeshi Water and Sewerage Company.

Interruptions

Dr Chituwo: Mr Speaker, every hon. Member in this House has sworn to speak the truth and the insinuation by the hon. Member that I have not been speaking the truth is unacceptable.

Mr Speaker, I will start by saying that when these utility companies were formed, they inherited dilapidated infrastructure as has been pointed out by one hon. Member. As a Government, together with our partners, we have been trying to progressively invest in this sector. Certainly, Chambeshi has problems but, already, we have allocated a large sum of money for Chambeshi to improve on the availability of safe water.

Mr Speaker, Mpulungu has been allocated K1.4 billion to improve on water supply not only in the town, but also peri-urban areas because this is the place where we have many cholera outbreaks. We need the support of hon. Members to encourage these utility companies to improve on their services because the Government is already committed to that.

I thank you, Sir.

FARMING INPUTS

221. Mr Imenda asked the Minister of Agriculture and Co-operatives how much money the Government spent as subsidies on farming inputs in the 2008/2009 Farming Season.

The Deputy Minister of Agriculture and Cooperatives (Mr Mbewe): Mr Speaker, in the 2008/2009 Agricultural Farming Season, the Government procured and distributed 80,000 metric tonnes of fertiliser and 4,000 metric tonnes of maize seed to cater for 200,000 small-scale farmers.

Mr Speaker, during this season, a 50 kg bag of fertiliser was sold at K50,000, whereas a 10 kg packet of maize seed was sold at 50 per cent of the market price. Arising from the foregoing, the Government spent approximately K400 billion on subsidising the farming inputs and K19.3 billion on transportation and warehouse management services.

I thank you, Sir.

Mr Imenda: Mr Speaker, may I know how the hon. Minister reconciles the expenditure on subsidy incurred on farm inputs compounded with the maize exports sold at a loss to neighbouring countries against a narrow budget with massive competing needs. I would like to find out how we, as a country, are going to invest and reap at a profit.

Mr Mbewe: Mr Speaker, the exportation of maize is not only looked at as a way of making a profit, but we are also looking at creating space for the other harvest which we are likely to have in the next four months. So, sometimes, keeping this maize where we do the fumigation and so on can be more other than exporting it at a price which the Government has decided.

I thank you, Sir.

Captain Moono (Chilanga): Mr Speaker, K400 billion on farming inputs for the 2008/2009 Farming Season is, indeed, a lot of money, my question is, why is the Ministry of Agriculture and Co-operatives always failing  to deliver these farming inputs in time in this particular season mentioned and in 2009/2010 Farming Season? What is the major problem?

Mr Mbewe: Mr Speaker, the ministry has always tried very hard to make sure that the farming inputs are taken to the farmers on time and this has been our goal. In most cases, more than 90 per cent of our farming inputs reach the farmers at the right time. However, we have some cases where the companies contracted to deliver the farming inputs that delay to deliver, which is a very small percentage. I want to emphasise that we deliver the farming inputs to our farmers on time.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, I would like to ask the hon. Minister how the maize targeted subsidy which is really what this simple subsidy is of K400 billion fares compared to all other subsidies for all other crops and even animals in Hon. Machila’s ministry. What is the subsidy directed to commodities other than maize?

Mr Mbewe: Mr Speaker, I feel so disappointed to get such a question from a hon. Member who had put this country to a problem of hunger …

Interruptions

Mr Mbewe: … and when we want to finish the problem which he left, he thinks that we are making a mistake. As Government, we made sure that this subsidy reached our farmers so that those farmers who did not have food at that time could benefit from the subsidy which we gave them. So far, I think the Government has done well and there is enough food in the country.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mwiimbu: Mr Speaker, in his answer, the hon. Minister of Agriculture and Co-operatives did inform the nation that one of the reasons for exporting maize to neighbouring countries was to create space. I would like to find out from him whether it would not have been prudent to sell maize in this country cheaply to Zambians who were in need and create space.

Hon. Opposition Members: Hear, hear!

Mr Mbewe: Mr Speaker, the hon. Member is aware that the Ministry of Agriculture and Co-operatives has also donated maize of about 15,000 metric tonnes to the Ministry of Education. We are doing this because we want to empower our people. However, it is not only that, all the Food Reserve Agency (FRA) sheds countrywide have been opened and we are selling the maize at K50,000 to our people.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mrs Imbwae: Mr Speaker, I take note of the hon. Minister’s original answer of the amount of money that was spent on the subsidies and transportation. May I know if the Government has also considered extending the sheds or building some more sheds for storage of maize instead of expecting someone else to provide us with storage space.

Mr Mbewe: Mr Speaker, the construction of sheds in our country is on going. We have finished the first phase where eight sheds have been constructed in different districts and we are going to the second phase which will start any time. On top of that, I want to inform the hon. Members that in most of our constituencies we have given the Constituency Development Fund (CDF) to schools to construct classrooms and teachers’ houses. I am, therefore, asking each hon. Member of Parliament to also contribute towards the construction of sheds in our various constituencies where maize or fertiliser should be kept.

I thank you, Sir.

Mr Mwenya: Mr Speaker, in the region, such as, for example, in Malawi, subsidised fertiliser is going at K12,500, equivalent to the Malawian kwacha and unsubsidised fertiliser is going at K125,000, equivalent to Malawian kwacha. Could I find out from the hon. Minister why our subsidised fertiliser is so expensive at K50,000 and unsubsidised fertiliser is going at K250,000.

Mr Mbewe: Mr Speaker, I think worldwide the price of fertiliser is around US$10 and when you calculate you will find that we are also around there. So, we also considered the distance from the ports and other variables which determine the pricing of our commodity.

I thank you, Sir.

Mr Mooya (Moomba): Mr Speaker, when are the silos in Monze going to be rehabilitated in order to create space?

Mr Mbewe: Mr Speaker, some money has been put aside to make sure that all the silos which are in our country are rehabilitated and for Monze, it is in our second phase. I am sure we are going to tackle it.

I thank you, Sir.

PRISONS ACCOMMODATION CAPACITY

222. Mr Chisala asked the Minister of Home Affairs what the accommodation capacities of the following prisons currently are:

(a) (i)  Luwingu;
(ii)  Mporokoso;
(iii)  Milima;
(iv)  Solwezi;
(v)  Kabompo
(vi)  Zambezi;
(vii)  Samfya; and 
(viii) Lusaka Central (Chimbokaila); and

(b) of the prisons above, which one was the most congested as of 30th June, 2010.

Mr Taima: Mr Speaker, the accommodation capacities of the prisons in question are as follows:

Prison Inmates

Luwingu District Prison 30

Mporokoso District Prison 30

Milima Central Prison 100

Solwezi Central Prison 162

Kabompo District Prison 30

Zambezi District Prison 30

Samfya District Prison 34

Lusaka Central Prison 200

Of the prisons mentioned above, Lusaka Central Prison was the most congested as at 30th June, 2010.

Mr Speaker, I thank you.

Mr Chisala: Mr Speaker, in light of the answer given by the hon. Deputy Minister of Home Affairs, it is clear that Luwingu District Prison is one of the smallest prisons in terms of capacity. May I know whether the Government has serious intentions of constructing a new prison in Luwingu because the current prison is in a terrible and deplorable state?

Mr Taima: Mr Speaker, our programmes are carried out nationally. I want to begin by mentioning here that we are very aware of the congestion that we have in our prisons currently and that is why the ministry, in fact the Government, has embarked on several interventions, and measures to try and ensure that we decongest our prisons. Among these interventions there is the parole system, general Presidential amnesty, construction of many new prisons, rehabilitation of existing prisons and expansion programmes. I might not have specific details on what plans we have for Luwingu District Prison but suffice it to say that we have a plan at national level and we are rolling it out.

I thank you, Mr Speaker.

Mr Zulu (Bwana Mkubwa): Mr Speaker, arising from the hon. Minister’s answer that Chimbokaila has a capacity of 200 inmates, how many prisoners is it currently accommodating?

Mr Taima: Mr Speaker, I do not have specific statistics for each prison because our statistical compilations are done at regional level but I do have an idea that currently we have well above 1,000 inmates at Chimbokaila Prison.

I thank you, Mr Speaker.

Mr Mwiimbu: Mr Speaker, I would like to find out from the hon. Minister of Home Affairs whether he is aware that Luwingu Prison has actually been condemned and closed by the Government and, therefore, has no capacity due to the closure.

Mr Taima: Mr Speaker, the main question was on what the current capacity is regardless of whether a given prison is holding inmates or not. So we are talking about the capacity in line with how a given prison was built, hence the answer we gave.

I thank you very much, Mr Speaker.

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

Mr Chota: Sir, would the hon. Deputy Minister give a specific answer because Luwingu District Prison has been condemned and was closed two years ago although there are prisoners there or, maybe, he does not know what he is talking about.

Mr Taima: Mr Speaker, I am already getting mixed up because it seems hon. Members asking the questions are contradicting themselves. One just said the prison is condemned and closed and there are no inmates and then another one stand ups and says it is condemned but there are inmates. What we gave is a response specifically targeting the question as it came.

Mr Speaker, I thank you.

Mr Speaker: Order! What is the official position?

Mr Taima: Mr Speaker, well, I do not have information on the official position.

I thank you.

Interruptions

Mr Imenda: Mr Speaker, we have seen expansions in ministries such as those of education, health, communication and so forth with a view of improving the nation. Now I would like to find out why the Ministry of Home Affairs is not emulating what is happening in other ministries so that our prisons have increased capacity.

Mr Taima: Mr Speaker, although I did not quite get the hon. Member’s question, I think it is very unfair for him to say that he is not seeing anything happening in the Ministry of Home Affairs as regards infrastructure development. As I stand on the Floor of this House, I can just quickly state that, very soon, we are going to complete and commission the Mwembeshi Prison, which is completely a new project and is going to help us actually decongest most of the prisons especially in Lusaka and Central Province. I am aware that Mwinilunga Prison is just being completed. We have several other completely new prisons that are being built and completed by the Government. So it is not true and fair to say that the Ministry of Home Affairs does not have any infrastructure development programmes specifically under the prisons department.

I thank you, Mr Speaker.

Mrs Mwamba: Mr Speaker, is the hon. Minister aware that in most of the prisons there is a high prevalence of contagious diseases such as tuberculosis (TB) because of overcrowding? If he is aware, what is he doing about it?

Mr Taima: Mr Speaker, that is why I earnestly began by stating that we are very much aware and actually concerned about the state of our prisons. Therefore, this is why we have a lot of programmes aimed at decongesting these prisons. Some of these programmes are targeting areas such as reducing infectious diseases like TB that come about as a result of overcrowding. We have got very specific programmes that are targeting such areas of concern.

Mr Speaker, I thank you.

KASHITU DAY HIGH SCHOOL CONSTRUCTION

223.  Mr D Mwila asked the Minister of Education:

(a) when the construction of Kashitu Day High School in Chief Mwenda’s area, in Mwense District, would commence;

(b) how much the project would cost;

(c) when the project would be completed; and

(d) who the contractor was.

Mr Sinyinda: Mr Speaker, there are no immediate plans to construct a high school in Chief Mwenda’s area in Mwense District.

I thank you, Mr Speaker.

Mr D. Mwila: Mr Speaker, may I find out from the hon. Minister whether she is aware that, actually, the Provincial Education Officer (PEO) went to the site and informed the community that a high school would be constructed there.

The Minister of Education (Ms Siliya): Mr Speaker, if that is the case, indeed, I think there could be some miscommunication because we are aware that, in Mwense, we are already building Lukwesa and Luapula Girls Technical High School and the school that we are supposed to be constructing is Kashita and not Kashitu.

I thank you, Mr Speaker.

Hon Government Members: Hear, hear!

Mr Chisala: Mr Speaker, completing such projects in good time is an advantage for the Government of the day. May I know why it is taking too long for some contractors to complete the projects that they are being awarded.

Ms Siliya: Mr Speaker, unfortunately, the hon. Member of Parliament has not given any specific examples. However, we continue to engage the contractors, especially our Zambian contractors whom we want to give an opportunity to participate, that once they have been awarded these contracts, especially for high schools, it is extremely important that they complete them within eighteen to twenty-four months. So we are always in contact with the contractors.

I thank you, Mr Speaker.

_____________

BILLS

FIRST READING

THE ENGLISH LAW (EXTENT OF APPLICATION) (Amendment) BILL, 2011

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, I beg to present a Bill entitled the English Law (Extent of Application) (Amendment), 2011. The object of the Bill is to revise the application of the English Law in Zambia and to provide for matters connected with or incidental to the foregoing.

Mr Speaker, I thank you.

Mr Speaker: The Bill stands referred to the Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The Committee is required to submit its report on the Bill to the House by Friday, 11th 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.

THE HIGH COURT (Amendment) BILL, 2011

The Vice-President and Minister of Justice: Mr Speaker, I beg to present a Bill entitled the High Court (Amendment) Bill, 2011. The object of the Bill is to ─

(a) revise the application of the Supreme Court Practice Rules of England; and 
(b) provide for matters connected with or incidental to the foregoing.

Mr Speaker, I thank you.

Mr Speaker: The Bill stands referred to the Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The Committee is required to submit its report on the Bill to the House by Friday, 11th 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.

THE SUPREME COURT (Amendment) BILL, 2011

The Vice-President and Minister of Justice: Mr Speaker, I beg to present a Bill entitled the Supreme Court (Amendment) Bill, 2011. The object of the Bill is to revise the application of the Supreme Court Practice Rules of England and provide for matters connected with or incidental to the foregoing.

Mr Speaker, I thank you.

Mr Speaker: The Bill stands referred to the Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The Committee is required to submit its report on the Bill to the House by Friday, 11th 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.

SECOND READING

THE ANTI-GENDER-BASED VIOLENCE BILL, 2010

The Vice-President and Minister of Justice: Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.

[Mr SPEAKER in the Chair]

The Vice-President and Minister of Justice: Mr Speaker, when business was suspended, I had just moved the Anti-Gender Based Violence Bill, 2010 to be read a second time.

Mr Speaker, gender-based violence is a vice that plagues societies across the globe. Particularly, affected are women and girls, irrespective of their income, class and culture. It manifests its ugly head in a wide range of abuses such as the sexual abuse of women and girls, sexual assault, rape, domestic violence, economic depravation and harmful traditional practices. It compromises the health, dignity, integrity and security of its victims leaving them with psychological scars. Gender-based violence is also known to result in the death of its victims.

Mr Speaker, the most prevalent form of violence occurs in the family setting. It is disheartening to note that, behind the closed doors of homes in our country where women ought to feel safe, gender-based violence is a daily reality. The vice is exacerbated by traditional attitudes towards women which hinder them from exercising choices that are likely to end violence against them and the culture of silence that shrouds this form of violence. It is, therefore, imperative to enact legislation tailored to encourage victims of gender-based violence to report instances of violence committed against them and to ensure their protection and rehabilitation.

In addition, the lack of effective laws to deal with the vice not only encourages further violence, but also sends the signal that violence against women and girls is acceptable. It is to this end that the Anti-Gender-Based Violence Bill, 2010 is presented before this House. The Bill is an attestation to the fact that gender-based violence, in whatever form, shall not be tolerated.

Sir, the Bill seeks to introduce legislation that will provide effective protection for victims of gender-based violence, whether committed in public or private life, which protection is not provided for on the statute books. Whereas the Penal Code Cap. 87 of the Laws of Zambia criminalises acts of violence such as rape, assault and battery, it does not provide for the effective protection of victims of such violence. Consequently, victims of gender-based violence, especially those who suffer violence in the family setting, are unwilling to report acts of gender-based violence committed against them.

Mr Speaker, in order to address this problem, the Bill presents an opportunity for victims of domestic violence, including children assisted by a next friend, to make complaints of gender-based violence without fear of reprisal. Once enacted, victims of gender-based violence will be empowered to obtain protection orders from the courts which prevent a person against whom a protection order is sought, and any person associated with that person, from carrying out threats of gender-based violence or committing further acts of gender-based violence.

Mr Speaker, in addition to the enactment of legislation to combat gender-based violence, it is important to change the paradigm of society that tolerates gender-based violence. As such, the Bill proposes that the hon. Minister responsible for gender provides for public education on gender-based violence.

The Bill also proposes the establishment of an Anti-Gender Based Violence Committee mandated to, among others, make recommendations for a National Plan of Action against Gender-Based Violence and to propose and promote strategies to prevent and combat gender-based violence. The Bill also provides the framework for, among others, the training of officers in the criminal justice system about gender-based violence.

Mr Speaker, the Gender-based Violence Bill does not seek to create offences because Acts which amount to gender-based violence, as defined under the Bill, constitute offences under the Penal Code. The Bill promotes the settlement of matters out of court where a matter is not aggravated. This is consistent with the criminal procedure code which enjoins courts to promote reconciliation in criminal cases involving matters of a personal or private nature that do not amount to a felony and are not aggravated in degree.

Mr Speaker, this Bill is a result of extensive consultation with public officials, providers of social services and advocates for the rights of women and children. It is progressive and I urge the hon. Members of the august House to support it.

Mr Speaker, I beg to move.

Hon. Members: Hear, hear!

Mr Mwiimbu (Monze Central): Mr Speaker, I thank you for the opportunity to present your Committee’s report on its deliberations on the Gender-Based Violence Bill, 2010.

Mr Speaker, let me provide a brief background to the need for the enactment of this piece of legislation.

Sir, gender-based violence has long been recognised as a problem all over the world. Although it affects both males and females, women and children are particularly vulnerable to gender-based violence due to various factors. Sadly, in a number of cases, injury and even loss of human life are the result of gender-based violence. In particular, sexual gender-based violence has become a major health concern causing not only physical, but also emotional and psychological harm to its victims. In the era of the human immuno-deficiency virus/ acquired immuno-deficiency virus HIV/AIDS, there is great need to urgently address the situation.

Zambia is no exception to the worldwide phenomenon of gender-based violence and many Zambian men, women and children are faced with the risks associated with this vice on a day-to-day basis. In fact, it is disheartening that available statistics indicate that the number of reported cases of gender-based violence in Zambia has been increasing.

As a State party to regional and international instruments such as the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Convention on the Rights of a Child (CRC), the African Charter on Human and People’s Rights (ACHPR) and the Southern African Development Community (SADC) Declaration on Gender and Development, Zambia has accepted the obligation laid down in these instruments to work towards protecting the rights of children, women and vulnerable men and in particular, towards the elimination of gender-based violence.

It is, therefore, gratifying to note that the Zambian Government has taken up the initiative to domesticate the relevant parts of the aforementioned conventions and declarations through the enactment of this legislation.

Allow me now, Sir, to highlight some of the pertinent issues raised by various stakeholders in their submissions to your Committee.

Firstly, a number of stakeholders expressed concern with regard to the fact that the definition of ‘aggravated’ gender-based violence Articles, 3(1) (a) includes any act which causes the victim to suffer wounding.

Taking into account the definition of ‘wound’ at Section 4 of the Penal Code, Cap. 87 of the Laws of Zambia, which states that “Any incision or puncture which divides or pierces any exterior membrane of the body”, your Committee is seriously concerned that this provision may result in unintended and unnecessary prosecution of parties, even for minor injury in a domestic dispute, especially in cases where the offence is not committed repeatedly.

Your Committee further notes that the application of the definition, as it stands, coupled with the provision at Clause 36 (4) of the Bill, which outs the courts discretion to consider the nature of the injury and allow the settlement of such matters out of court as the circumstances would be deemed to be aggravated, would make such injustice even more likely.

Interruptions

Mr Mwiimbu: Mr Speaker, your Committee is especially concerned about the negative impact that such a provision may have on the family in general and women in particular. Your Committee, therefore, recommends that Clause 3(1) (a) be revised to omit the words ‘wounding or’ so that it reads ‘Causes the victim to suffer grievous bodily harm.’

Some stakeholders expressed concern that the issue of harmful cultural practices had not been comprehensively dealt with in the Bill. In this regard, they contended that the list of harmful cultural practices provided at Clause 3(1) (m) of the Bill is not comprehensive although the …

Interruptions

Mr Speaker: Order!

I shall be prepared to give the Floor to any hon. Member who wishes to debate. However, in the time being, we have to listen to the hon. Member for Monze Central.

Mr Mwiimbu: Mr Speaker, I will repeat the last sentence. In this regard, your Committee contended that the list of harmful cultural practices provided at Clause 3(1) (m) of the Bill is not comprehensive although the wording of the Bill implies that it is exhaustive.

Your Committee, therefore, agrees with the stakeholders that the definition of harmful cultural practices should be broadened to include any practice which is repugnant to natural justice and good morals, including those already listed in this clause.

Mr Speaker, with regard to Clause 20, concern was expressed that implementation of occupation orders may prove difficult because some perpetrators may fail to comply with such orders by failing to continue meeting such payments as rentals due to economic factors.

As a result, there may be injury, inadvertently occasioned on the landlord, who is an innocent third party. Notably, there is no provision in the Bill for the landlord to seek redress in such cases. Further, such occupational orders may be impractical in a rural setting where the victim may be living in the perpetrator’s village where his larger family also reside.

Mr Speaker, your Committee agrees with the submissions and notes that the issuance of the occupation order in such circumstances may, in fact, result in further abuse or harm to the victim.

Your Committee, therefore, recommends that where such circumstances exist, victims should have access to Government operated victims’ shelters.

Sir, related to the foregoing, your Committee strongly emphasises that in order to fully operationalise this statute, once passed, it will be necessary for the Government to commit adequate resources to the setting up of shelters for victims of gender-based violence countrywide.

In this light, it is imperative for the Anti-Gender-Based Violence Fund to be properly financed through a mandatory budget line. This will enable the Government to meet rental payments for victims in areas where such shelters will not be available and provide other necessary support to victims generally.

Your Committee is also of the view that the funds should provide support to existing shelters run by non-governmental organisations (NGOs).{mospagebreak}

Mr Speaker, your Committee further agrees that the hon. Minister responsible for gender is a key stakeholder in matters relating to gender-based violence. However, she does not have the requisite structures and personnel to effectively carry out the task of countrywide public education and sensitisation on issues of gender-based violence.

Therefore, your Committee recommends that the Bill be amended to mandate the Ministry of Community Development and Social Services to collaborate with the Minister responsible for gender in carrying out the sensitisation and educational campaigns on gender-based violence. The Ministry of Community Development and Social Services has established structures and personnel in all the districts countrywide

Further, Sir, under Clause 28, your Committee recommends that in view of their key role, the Ministry of Health and the Ministry of Justice be included on the list of ministries to be involved in the process of rehabilitation of victims of gender-based violence.

Mr Speaker, in addition, in order to take advantage of the expertise and vast experience garnered within the Zambian civil society in dealing with matters of gender-based violence, the civil society should be represented by, at least, three members on the thirteen-member Gender-Based Violence Committee. In the same vein, the number of Government officials should be reduced accordingly.

Having said this, Sir, let me emphasise that your Committee, like almost all stakeholders consulted, fully supports the Bill as a progressive measure in our collective effort to actualise the realisation of the rights of some of the most vulnerable groups in our society.

Mr Speaker, in conclusion, allow me to put on record your Committee’s gratitude to you for affording it an opportunity to scruitnise this important peace of legislation. May I also pay tribute to the Office of the Clerk of the National Assembly for the support and advice rendered to your Committee throughout its deliberations.

Your Committee is also indebted to all the witnesses who appeared before it for their co-operation in providing the necessary submissions.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Speaker: Any further debate? The hon. Member for Chongwe.
 
Hon. Male Members: Aah! Why are you standing?

Mrs Masebo (Chongwe): Mr Speaker, I just want to support the report of the Committee of which I was a member. I want to clearly bring out something that the Chairperson did not include.

Sir, the men were already saying “Aah! Why are you standing?” I think it is necessary that our men take this Bill very seriously. It is important that the Legislature understands this Bill so that when the Members get back to their constituencies, they will be able to educate the people on the ground regarding what this law is saying. If we do not do that, we will have a lot of casualties, starting with the hon. Members themselves.

Sir, this is so serious that it is not a matter of where somebody who has been battered will withdraw the case. There is no provision for withdrawal in this Bill.

Laughter

Mrs Masebo: Therefore, it is necessary that we understand the Bill and explain it to our people.

Mr Speaker, I would like to commend the Government for this long-awaited action, especially, the women’s organisations in this country who fought for this very important peace of legislation.

Sir, this legislation is not only talking about sexual abuse, but it also includes mental abuse of women. There is a lot of this in our homes today. Women are mentally disturbed because of the actions by their partners. Therefore, even that is an offence.

Mr Speaker, I thought that I should bring that issue out because people may think that abuse is only about physically beating someone and causing them bodily harm. Even the kind of language used to partners matters.

Hon. Opposition Member: Sure!

Mrs Masebo: Mr Speaker, I would like to encourage hon. Members to read the Bill. Do not say that you did not know when this legislation catches up with you.

Sir, I thought I should bring out this salient point that this is not just a Bill about beating women, but also mentally or verbally harming the women, children and the vulnerable.

This Bill also relates to the men who are vulnerable to women who abuse them. This is a fifty-fifty Bill, except that we are using the word ‘women’ because, in most cases, it is the women and children who suffer.

Remember that if the way you treat your children in your homes amounts to abuse, this law shall apply.

I thought I should make simple comments so that people do not say that they did not know because we have a habit of passing things which we complain about later.

I would like to commend the Government and NGOs and the many stakeholders out there for this Bill. This is a good celebration, especially for women in Zambia. It is a good achievement that we deserve to celebrate, especially as we head towards the Women’s Day. This is a mark for Zambia.

I would also like to urge the hon. Minister of Justice to ensure that other conventions that we have signed up to can also be domesticated so that they become active.

I thank you, Sir.

The Vice-President and Minister of Justice: Mr Speaker, this Bill is not controversial. I wish to thank the hon. Members for their overwhelming support.

I thank you, Sir.

Hon. Members: Hear, hear!

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

Committed to a committee of the Whole House.

Committee on Wednesday, 1st March, 2011.

THE PENAL CODE (Amendment) BILL, 2010

The Vice-President and Minister of Justice: Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, the Penal Code (Amendment) Bill, 2010 seeks to revise the provisions on rape, indecent assault, defilement and child pornography.

Mr Speaker, the amendment of the Penal Code is necessary to provide a minimum mandatory sentence for the offence of rape. Currently, the court may impose any sentence which it considers appropriate up to life imprisonment.

Sir, rape is a vice that compromises the health, dignity and integrity of its victims, leaving them with psychological scars and, in some cases, sexually transmitted diseases. It is, therefore, imperative that such an offence carries with it a minimum mandatory sentence. Hon. Members may wish to know that when we enacted a Penal Code (Amendment) Act No. 15 of 2005 and prescribed minimum sentence for various social offences, including incest and defilement, we did not deal with the offence of rape. It is therefore, necessary to rectify this anomaly.

Mr Speaker, the Bill further seeks to reintroduce a defence to the offence of defilement by affording the accused person an opportunity to plead the defence of mistake of fact where an accused person reasonably believes that the child against whom the offence was committed, was of or above the age of sixteen years. The amendment is in line with the Penal Code which recognises mistake of fact as a varied defence available to an accused person. This defence was inadvertently removed when we amended the Penal Code in 2005.

Sir, the Penal Code (Amendment) Bill also seeks to repeal the provision relating to child trafficking as these provisions are already provided for in the appropriate law which is the Anti-Human Trafficking Act, No. 11 of 2008.

Mr Speaker, the amendment to the Penal Code further seeks to harmonise the provisions that relate to incest. Currently, the Penal Code provides for incest in one provision and consent to incest in another provision. This has resulted into provisions under which a person can be charged for the same offence. The proposed amendment will achieve clarity for the prosecution of cases of incest.

Mr Speaker, this Bill is not controversial and I, therefore, urge hon. Members to support it.

I beg to move.

Hon. Members: Hear, hear!

Mr Mwiimbu: Mr Speaker, this afternoon is a day for learned men.

Laughter

Mr Mwiimbu: Mr Speaker, I thank you for the opportunity to present your Committee’s Report on its deliberation on the Penal Code (Amendment) Bill No. 47 of 2010.

Mr Speaker, the House may wish to note that the main amendments that the Penal Code (Amendment) Bill seeks to make are the introduction of the minimum sentence for rape and the re-introduction of the defence of mistake of fact in defilement cases.

Mr Speaker, I will now briefly highlight the pertinent issues that various stakeholders raised with regard to this Bill.

Sir, most stakeholders welcomed the introduction of a minimum sentence for rape. However, some of them felt that the Penal Code should also include a provision for aggravated penalties in instances of transmission of HIV or sexually transmitted infections in the process of committing the offence or where the victim was of unsound mind or other aggravated circumstances as the court may determine. Your Committee welcomes this amendment and commends the Government for introducing the minimum sentence for rape as it will remedy the anomalous situation where relatively minor gender-based offences such as sexual harassment and indecent assault have mandatory minimum sentences while the more serious and prevalent offence of rape does not. This is clearly an anomaly that needs attention. The amendment is, therefore, timely.

Mr Speaker, many stakeholders expressed serious concern with regard to the insertion of the proviso at section 138 that reads as follows:

“It shall be a defence for a person charged with an offence under this section to show that the person had reasonable cause to believe and did, in fact, believe that the child against whom the offence was committed was of or above the age of sixteen.”

Sir, they contended that this defence sought to focus the inquiry on the mind of the perpetrator at the time of commission of the offence rather than on the body of the victim where the impact and consequences of the act occurred. It also appears to absolve the offender from the responsibility of making serious inquiries as to the age of the child and provides an excuse for reckless sexual conduct. Further, it was strongly argued that this defence would increase the vulnerability of girls who were taller, more developed and may look older than their age to sexual violation.

Mr Speaker, in addition, some stakeholders argued that taking into account the fact that court proceedings could be drawn out over months or even years before conclusion, the court’s ability to accurately determine the appearance of the child at the time of commission of the offence might be compromised due to psychological changes that this child may have undergone in the intervening period.

Mr Speaker, having critically considered these concerns, your Committee supports the amendment. Your Committee notes that the absence hitherto of this defence in the Penal Code goes against the general principal of Criminal Law which requires a person to have a guilty mind in order to be liable for a crime. Your Committee is confident that the courts will exercise their discretion in the interest of justice to identify cases of genuine mistake, depending on the prevailing circumstances without allowing culprits to go scot-free.

Your Committee further notes from the submissions by various stakeholders that a number of provisions in the Penal Code which are not the subject of the current amendments are causing concern among stakeholders. Some of these areas of concern include the need for a revision of a definition of a child from one who is below the age of sixteen to anyone below the age of eighteen. There were also a number of submissions that the Penal Code should be further reviewed to remove the word “unlawful” before “carnal knowledge” in the definition of defilement so as to criminalise any carnal knowledge of under-age children. 

  This will help to resolve the clash between customary and written law which had culminated in the common practice of early marriages sanctioned under customary practices.

Several stakeholders also submitted that there was a need to revise the definition of “sexual harassment” in the Penal Code, which currently only recognised that the offence could be committed against a child, so as to bring it in line with the definition contained in the Anti Gender-Based Violence Bill which recognises the offence as one that could be committed against “a person”.

In addition, stakeholders contended that there was a need to revise the provisions of section 157 of the Penal Code to make harmful cultural practices an offence if performed on any person rather than confining the offence to a situation where the practices are performed on a child as is currently the case.

In light of these submissions, your Committee strongly urges the Government to initiate the necessary consultative process with a view to undertaking a comprehensive review of the Penal Code.

Mr Speaker, with these few comments, allow me to say that your Committee supports the Bill in its entirety.

As I conclude, Sir, let me state that your Committee is grateful to you for affording it an opportunity to scrutinise the Penal Code (Amendment) Bill, 2010. Your Committee also wishes to thank the Office of the Clerk of the National Assembly for the support and advice rendered to it throughout its deliberations. Your Committee is further indebted to all the witnesses who appeared before it for their co-operation in providing the necessary submissions.

Mr Speaker, I thank you.

Hon. Members: Hear, hear! 

Mr Kunda, SC.: Mr Speaker, I wish to thank the hon. Members for the overwhelming support.

I thank you, Sir.  

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

Committed to a committee of the Whole House.

Committee on Wednesday, 2nd 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 1707 hours until 0900 hours on Friday, 25th March, 2011.