Debates- Friday, 29th October, 2010

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Friday, 29th October, 2010

The House met at 0900 hours

[MR SPEAKER in the Chair]





The Minister of Finance and National Planning and Acting Leader of Government Business in the House (Dr Musokotwane): Mr Speaker, I rise to give the House some idea of the business it will consider next week.

On Tuesday, 2nd November, 2010, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of the following Bills:

(i)    The Income Tax (Amendment) Bill, 2010;
(ii)    The Customs and Excise (Amendment) Bill, 2010;
(iii)    The Value Added Tax (Amendment) Bill, 2010;
(iv)    The Property Transfer Tax Bill, 2010; and
(v)    The Road Traffic (Amendment) Bill, 2010.

Thereafter, the House will consider the Report Stage of the Veterinary and Para-veterinary Professionals Bill, 2010. Then, the House will resolve into Committee of Supply on the 2011 Budget and the following heads will be considered:

Head 07 ─ Office of the Auditor-General;
Head 08 ─ Cabinet Office ─ Office of the President;
Head 09 ─Teaching Service Commission ─ Office of the President; and
Head 10 ─ Police and Prisons Service Commission.

Mr Speaker, on Wednesday, 3rd November, 2010, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. After that, the House will consider Private Members’ Motions, if there will be any. Then, the House will consider the Committee Stage of the following Bills:

(i)    The Anti-Corruption Bill, 2010;
(ii)    The Financial Intelligence Centre Bill, 2010;and 
(iii)    The Prohibition and Prevention of Money Laundering (Amendment) Bill, 2010.

Thereafter, the House will resolve into Committee of Supply and the following heads will be considered:

Head 14 ─ Ministry of Mines and Minerals Development;
Head 17 ─ Ministry of Foreign Affairs; and
Head 18 ─ Judiciary.

On Thursday, 4th November, 2010, the Business of the House will start with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Then, the House will resolve into Committee of Supply on the 2011 Budget and the following heads will be considered:

Head 20 ─ Loans and Investments ─ Ministry of Local Government and Housing;
Head 29 ─ Ministry of Local Government and Housing;
Head 21 ─ Loans and Investments ─ Ministry of Finance and National Planning; and
Head 37 ─ Ministry of Finance and National Planning.

Sir, on Friday, 5th November, 2010, the Business of the House will commence with His Honour the Vice-President’s Question Time. This will be followed by Questions, if there will be any. Thereafter, the House will consider the presentation of Government Bills, if there will be any. After that, the House will consider the Committee Stage of the Citizens Economic Empowerment (Amendment) Bill, 2010. Then, the House will resolve into Committee of Supply on the 2011 Budget and consider the following heads:

Head 26 ─ Ministry of Information and Broadcasting Services;
Head 27 ─ Public Service Management Division;
Head 31 ─ Ministry of Justice; and
Head 33 ─ Ministry of Commerce, Trade and Industry.

Sir, I thank you.




The Minister of Finance and National Planning and Acting Leader of Government Business in the House (Dr Musokotwane): Mr Speaker, on Friday, 15th October, 2010, His Excellency the President of the Republic of Zambia, Mr Rupiah Bwezani Banda, launched the start of the 2010 Census Enumeration Exercise on both radio and television. The launch was followed by the actual enumeration of the President and his family. This followed a Cabinet decision in June, 2010 to conduct a census of population and housing in October this year.

Mr Speaker, hon. Members of the House must be aware that this marks the fifth census of population and housing that Zambia has conducted since independence in 1964. A census is a massive undertaking requiring huge amounts of financial, material and human resources to conduct.

In its decision to undertake such a mammoth exercise, the Government has made available adequate resources to the Central Statistical Office (CSO) which is the department charged with the responsibility of spearheading the organisation, implementation and co-ordination of the national census exercise. 

The Government, in this year’s budget, approved K98 billion for the census. It has since provided 100 per cent of the allocated funds to the CSO with a further supplementary funding of K80 billion. This brings the total funding, so far, towards the census this year to K178 billion. However, the cost of the census includes the cartographic mapping that started in 2006 and ran up to the start of the census enumeration exercise. The Government has contributed more than 80 per cent of resources needed for the census. The Government has also received financial, material and technical support for the census from several co-operating partners, among them, the United Nations Population Fund (UNFPA), Department for International Development (DFID) of the United Kingdom, African Development Bank (ADB) and United States Agency for International Development (USAID). 

To ensure transparency and accountability, in the conducting of the census, clear financial and administrative guidelines have been put in place by the Government through the national steering committee comprising permanent secretaries from selected line ministries. This committee has also been responsible for providing administrative oversight to the overall management of the census and reports regularly to Cabinet through the Secretary to the Cabinet.

Mr Speaker, Zambia was for the first time using Grade 12 school leavers as census enumerators. A total of 24, 890 schools leavers were recruited, trained and deployed as enumerators countrywide broken down as follows: 

    Province                         No. of Enumerators

    Central    2, 778
    Copperbelt    2, 949
    Eastern    3,908
    Luapula    2,259
    Lusaka    3,017
    Northern    4,056
    North-Western    1,122
    Southern    2,930
    Western    1,871

Mr Speaker, the training of census enumerators was conducted by census supervisors who are teachers and Government workers drawn from respective districts. The training of enumerators was conducted at district level using Government facilities and institutions. The facilities used in the training of enumerators included a few selected basic schools, farmer training institutes, vocational training centres, trades training institutes and teacher training colleges, among others. 

Mr Speaker, following the launch of the 2010 Census of Population and Housing by His Excellency the President, the census count started as scheduled on Saturday, 16th October, 2010 in all districts and is progressing well across the whole country.

The census enumeration exercise is expected to be completed by 16th November in most parts of the country. The exercise will be completed in all parts of the country by 30th November, 2010. 

This will soon be followed by the manual compilation of population summary counts at ward, constituency, district and provincial levels. This will provide preliminary national population counts at these various levels. The preliminary population figures will be ready by 31st December, 2010 and made available to the Government and the general public, thereafter.

The preliminary figures to be released at this stage will include the population of eligible voters by sex at ward, constituency and district levels. 

The 2010 Census Preliminary Report is scheduled for publication in April, 2011. This will then be followed by detailed thematic and analytical reports at different levels which will be ready for dissemination in 2012. 

For the country to have a successful census, it requires the support and co-operation of the entire citizenry. The Government has put in place a comprehensive publicity and awareness campaign for the census which includes the use of Zambia News and Information Services (ZANIS) mobile public address systems in the communities, radio and television discussion programmes in all languages, census adverts in both electronic and print media in both public and private media, as well as posters and billboards posted in public places in all languages in all districts.

 The Government has also partnered with community radio stations in all districts in sensitising their communities on the importance of the census and the need for co-operation with census enumeration staff.

These radio stations are running census adverts and discussion programmes in various languages on the census.

The census enumerators have also been provided with clearly labeled brightly coloured census attire that is easy to recognise by members of the public. They also have badges as well as letters of appointment and introduction for easy identification by households. I, therefore, take this opportunity to appeal to the general public to support the census. 

I make a special appeal to hon. Members of Parliament to support the Government in sensitising our constituents on the importance of the census and the need to co-operate with the census enumeration staff.

Public awareness and co-operation cannot be achieved by Government’s efforts alone. All Zambians must play a role in supporting this important national undertaking.

I must remind all of you that the census is a Government programme of immense national importance and must not, in any way, be politicised. The census is used not only  by the Government, but other stakeholders such as, the private sector, individuals, universities, institutions of learning, co-operating partners and, of course, politicians from all political parties, including those with representation in this august House. It is, therefore, in the interest of all of us to ensure Zambia conducts a successful census this year.

A mechanism for monitoring the progress of the census exercise is in place at all levels of the operation. At the district level, the district commissioners (DCs) are working with the district census committees and the master trainers in supervising and monitoring the enumeration exercise. Weekly progress reports are being submitted to respective provincial PSs. 

At the province, the PSs are working with the provincial census committees in implementing, co-ordinating and monitoring the census exercise. Weekly progress reports are submitted to Cabinet Office. 

At the national level, the National Census Committee chaired by the Secretary to the Cabinet is providing oversight to the management of the entire census exercise.

The Motto for this year is “Help the Census help you, be counted.” I hope hon. Members of this House and all citizens will co-operate with census enumerators as they visit their households to solicit interviews in order to collect information contained in the questionnaires. By being co-operative, you will be helping the census and, in turn, the information will be used to plan for the provision of development in various communities where we live.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Speaker: As the hon. Minister goes to take up his seat and while you also formulate follow up questions, I wish to announce that my family and I were counted at lunch hour yesterday, October 28, 2010.

Hon. Members: Hear, hear!

Mr Speaker: We needed no introductory letter from the enumerator because he was properly dressed and that, for us, was enough identification. Despite the fact that we are many, we answered all the questions on his questionnaire accurately. I emphasise, accurately.


Mr Speaker: After counting my family members, he moved over here, towards the rest of Parliament Buildings, to assess the quantity and quality of buildings on this premise. He also observed the expanse and quality of our lawns as well as the vegetation thereon and the wildlife that we maintain free from poachers.


Mr Speaker: Hon. Members are now given a chance to ask questions on points of clarification on the ministerial statement …

Hon. Opposition Members Stood up!

Mr Speaker: … which has been presented by the hon. Minister of Finance and National Planning. You all made a mistake by standing up while I was still speaking.


Mr Speaker: It is never done. Now, you may indicate.

Mrs Masebo (Chongwe): Mr Speaker, I would like to thank the hon. Minister for this very important ministerial statement. Can he also help us understand what type of questions we should expect from the enumerators when they visit our homes?

Dr Musokotwane: Mr Speaker, the questions to be asked include the number of family members, their gender, level of education, employment and relationships among the household members. Questions regarding the materials used in the construction of their dwellings as well as the facilities available therein will also be asked. 

Mr Speaker, I have a questionnaire which I will lay on the Table so that hon. Members can study it. The questions are not going to be intrusive.

I thank you, Sir.

Dr Musokotwane laid the paper on the Table. 

Hon. Members: Hear, hear!

Mr Mwiimbu (Monze Central): Mr Speaker, I would like to find out from the hon. Minister what measures have been put in place to facilitate the census in military cantonments considering the complaints that I noted on the Zambia National Broadcasting Corporation (ZNBC) television, last week, in which enumerators were complaining about being prohibited from conducting the census.

  Dr Musokotwane: Mr Speaker, obviously, as we have just heard, a census is an enormous exercise covering every part of this country and different types of institutions. Certainly, as we go along, there will be challenges which will emerge here and there. The challenges will be tackled so as to ensure that everyone co-operates.

I thank you, Sir.

 Mr Hachipuka (Mbabala): Mr Speaker, I would like to learn from the hon. Minister how many meetings the committee, under the Secretary to the Cabinet, has held since the beginning of the exercise to ascertain whether it is going on well. If there, any problems, what are they?

Dr Musokotwane: Mr Speaker, I cannot give a specific number, but I am aware that there have been meetings held to deal with challenges, including those to do with recruitment. It is common knowledge that when you recruit so many people, there are bound to be challenges. There are issues to do with things such as remuneration and transport. So, all this had to be tackled. I am happy to report that, generally, everything is going on well. 

I thank you, Sir.

Mr Syakalima (Siavonga): Mr Speaker, maybe, at the same time you were being counted, I was also being counted at home.


Mr Syakalima: Mr Speaker, yesterday, an enumerator told me that when they were being trained, they were told that every foreigner who has lived in Zambia beyond six months must be counted. The enumerator told me that some of the Indians and Chinese refuse to be counted. What is being done about that?

Dr Musokotwane: Mr Speaker, as I said earlier on, you cannot expect an exercise of this nature to be totally smooth. There are bound to be problems here and there such as the one that has been indicated. The law is very clear. Everyone must be counted and everyone is going to be counted.

I thank you, Sir.

Mr Speaker: Hon. Member for Roan.

Mr Kambwili (Roan): Mr Speaker, my question has already been asked and it was about the Chinese.


Mr Chisanga (Mkushi South): Mr Speaker, there is an outcry that the money being paid to enumerators and supervisors is too little. Could the hon. Minister shed more light on the amount they were initially promised.

Dr Musokotwane: Mr Speaker, the issue of money is always a contentious one. There is never a time when anyone can say, “I am paid enough.” I think there are so many examples, including some murmuring that I, sometimes, hear in this House.

Hon. Opposition Members: Aah!

Dr Musokotwane: Mr Speaker, when the jobs for enumerators were advertised, the response was overwhelming. In most cases, probably, only one out of ten seekers of such appointments could be taken on because the spaces available were limited. When we assess the amount of money that is being paid and compare it to other remuneration such as salaries or allowances, we believe that it is quite competitive. 

Mr Speaker, I have no doubt that many people have taken up this assignment very willingly because they were not coerced. I believe that they are quite happy with the remuneration being offered.

I thank you, Sir.

Mr Chitonge (Mwansabombwe): Mr Speaker, I would like to find out from the hon. Minister whether the Government has any intensions of extending this exercise beyond 30th November, 2010 so that each household is covered adequately.

Dr Musokotwane: Mr Speaker, it has to be remembered that this is an extremely costly exercise. The time that has been budgeted for is what has been considered to be adequate to cover all the households. All logistics such as transportation, among other things, have been assessed to be quite adequate to finish the exercise by 16th November.

Mr Speaker, the period only goes up to 30th November for those exceptional cases which, of course, are a minority in Zambia. This is where extra effort is required so that a little more time is spent when doing the census. This may be due to distance or other factors. Otherwise, for most places in the country, we believe that, by 16th November, that exercise should end.

I thank you, Sir.

Ms Kapata (Mandevu): Mr Speaker, before the census started, the enumerators were not happy. What has the Government done to address the issue which they brought up?

Dr Musokotwane: Mr Speaker, I am not sure what issue the hon. Member is talking about. If it is the one regarding money, I think, I answered that question a few moments ago. Generally, the fact that the exercise is going on well, now, means that the enumerators are quite happy.

I thank you, Sir.

Mr Hamududu (Bweengwa): Mr Speaker, are there penalties for those who refuse to be counted?

Dr Musokotwane: Mr Speaker, I believe so. It has been some time since I looked at the census statistics. However, I believe that there is a provision in the Act which makes it mandatory for everyone to obey or co-operate with the regulations of the census exercise. I remember that the provision is certainly there. 

Since it is mandatory, there is a requirement that everyone complies, but I am not very sure about the nature of punishment that will be meted out on those who refuse to comply.

I thank you, Sir.

Mr Chimbaka (Bahati): Mr Speaker, why has the census of population and housing, this year, been held during school days? In the past, the exercise was conducted during school holidays to allow teachers and children to be in tune with their curriculum?

Dr Musokotwane: Mr Speaker, in the planning for the census, due consultation was made with the Ministry of Education. It was agreed that the time that had been chosen was appropriate. This is why things have happened this way. 

I thank you, Sir.

Mr Mukanga (Kantanshi): Mr Speaker, in the ministerial statement, the hon. Minister stated that there was a supplementary budget of K80 billion which was added to the original K98 billion. Does this not indicate poor planning on the part of the Government? The supplementary expenditure is 80 per cent of the original budget.

Dr Musokotwane: Mr Speaker, the fact that the census is going on very well and is on schedule to give us the data that we require, I think, is an indication of good planning.

Hon. Government Members: Hear, hear!

Dr Musokotwane: The fact that there are challenges along the way is a normal aspect of life.

Mr Kambwili: Question!

Dr Musokotwane: Even when engineers design engines or other things, modifications are always neccesary. In this particular case, one of the factors that led to the need for supplementation is that the allowances had to be increased slightly higher than what we had originally planned for and then, of course, a few other factors came into play.

I thank you, Mr Speaker.

Mr Nkombo (Mazabuka Central): Mr Speaker, I would like to find out whether the census of population takes into account Zambians in the Diaspora, especially those diplomats accredited to other countries considering that this exercise takes place only once in ten years and the traffic of ins and outs continues in that period. 

Dr Musokotwane: Mr Speaker, I am not sure about that, but I doubt it because it can be very hard for you to count people all over the world. How can you tell that there is a Zambian living in Fiji who must be counted? How can you …


Dr Musokotwane: … tell that there is a Zambian living in Afghanistan? So, to be precise, I think this is a technical question which I am not able to answer now.

I thank you, Sir.

Mr Simuusa (Nchanga): Mr Speaker, during the last census, there was an issue of security. We had criminal elements purporting to be enumerators who deceived people and even ended up stealing their goods. This time around, what security measures have been put in place to avoid criminal elements? What identity do enumerators have?

Dr Musokotwane: Mr Speaker, in my statement, I indicated that enumerators are wearing particular attire. They have identity cards and introductory letters. I think these are normally adequate ways of identifying bona fide persons. 

However, Mr Speaker, just like in every other system, criminals, sometimes, are ahead of all of us. It is a normal thing to expect that criminal elements may want to take advantage of the situation. The good news is that there is only a small percentage regarding the likelihood of such situations happening. I do not think we must worry much about that.

I thank you, Sir.

Mr C. Mulenga (Chinsali): Mr Speaker, according to the statistics given by the hon. Minister, the Northern Province appears to have recruited more enumerators than the rest of the provinces. What could this be attributed to?

Dr Musokotwane: Mr Speaker, obviously, we look at surface area, geographical space and the number of people in a particular place. For example, a place like Lusaka obviously, has a very small geographical space, but a large population. Therefore, we are bound to have more enumerators than other places. 

I thank you, Sir.

Colonel Chanda (Kanyama): Mr Speaker, in Kanyama we have embraced the census exercise wholeheartedly, but I would like the hon. Minister to shed more light on the moping out of foreign nationals, especially Rwandese to Maheba Refugee Camp under very unexplained and suspicious circumstances. Can he explain what is happening.

Dr Musokotwane: Mr Speaker, I am not aware of this development. I am sure my colleague, the hon. Minister of Home Affairs, has heard what the hon. Member for Kanyama has said. I will consult him and find out what is going on. 

I thank you, Sir.

Mr Mwenya (Nkana): Mr Speaker, there is an uproar by pupils in boarding schools where teachers are busy with the census exercise. I would like to find out from the hon. Minister of Finance and National Planning what has been put in place to compensate for the lost learning time for these pupils, especially those who are in expensive boarding schools. 

Dr Musokotwane: Mr Speaker, I indicated, a few moments ago, that in planning the census, there was close co-ordination with the Ministry of Education, which put in place measures to minimise the disruption of the learning process. We, therefore, took that into account.

Mr Speaker, I thank you. 

Mr Beene (Itezhi-tezhi): Mr Speaker, currently, the Zambia National Broadcasting Corporation (ZNBC) is running an advertisement on the census which was poorly recorded and is characterised by people dancing. Would the hon. Minister consider footing the bill for a better advert which will be of a national character.

Dr Musokotwane: Mr Speaker, the fact that the dancing attracted the hon. Member’s attention and made him aware that the census exercise is taking place …


Dr Musokotwane: … means that the advert has done its job. 

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Milupi (Luena): Mr Speaker, would the hon. Minister explain why enumerators refuse to take details of children studying overseas who have been abroad for more than six months.

Dr Musokotwane: Mr Speaker, I will take up that matter.

I thank you, Sir.

Mr Mushili (Ndola Central): Mr Speaker, will the hon. Minister consider excluding teachers from the census exercise, in future, due to the adverse effect their involvement has had on the education sector, especially that there is abundant manpower in this country.

Dr Musokotwane: Mr Speaker, I have answered this question twice already. I do not think that there is anything more I can add to what I have already said. 

I thank you, Sir.

Dr Katema (Chingola): Mr Speaker, I would like to find out from the hon. Minister of Finance and National Planning whether, this time around, the CSO has included, in its questionnaire, a tool to solicit information pertaining to people living with disabilities as petitioned by people living with disabilities.  

Dr Musokotwane: Mr Speaker, the answer is yes. If the hon. Member can check the questionnaire, he will see this provision. 

I thank you, Sir. 

Mr Muntanga (Kalomo Central): Mr Speaker, I would like to find out from the hon. Minister whether the problem of distributing bicycles in various places where enumerators have no transport has been solved. Have you now distributed all the bicycles to all the areas?

Dr Musokotwane: Mr Speaker, I believe that we have, hence the assertion that I made that the exercise is going on fairly well. However, if there are any particular areas where there are problems, I would find it very helpful if hon. Members can indicate them to us so that we take action thereon. 

I thank you, Sir. 

Dr Machungwa (Luapula): Mr Speaker, the hon. Minister indicated that the census exercise is expected to be completed in most parts of the country on 16th November, 2010, and throughout the country by 30th November, 2010. I assume that the later deadline will give room for areas with a difficult terrain to complete the exercise should they encounter problems. In this regard, is Luapula Constituency one of the areas which will be allowed to complete the exercise a little later because of the difficulties in accessing certain areas? 

Dr Musokotwane: Mr Speaker, we cannot, from the very start, really pinpoint which particular areas will be delayed in terms of coverage. What will happen, however, is that, at every stage, an assessment of progress will be made and areas which have problems will be identified through the progress report. Out of this, we will be able to determine which areas should be given more time.

Mr Speaker, I thank you. 

Dr Scott (Lusaka Central): Mr Speaker, I am amazed that you noticed me. 


Dr Scott: Mr Speaker, Grade 12 was the minimum requirement that I heard for enumerators. Can the hon. Minister shed some light on the other two categories. Are they students or civil servants mostly, church people or cadres? 


Dr Scott: Who are these people who are going to be questioning us?

Dr Musokotwane: Mr Speaker, Grade 12 school leavers, from 2007 to 2009, were the ones we considered. 

I thank you, Sir.

Mrs Phiri (Munali): Mr Speaker, I would like to find out from the hon. Minister if there is any form of insurance or compensation in case of death, especially that we have already lost two lives, the one who drowned in the North-Western Province and the other who was hit by a car on the Copperbelt. 

Dr Musokotwane: Mr Speaker, I am afraid that I am not able to say yes or no to this question. However, I will consult. 

I thank you, Sir.

Mr Malama (Mfuwe): Mr Speaker, I would like to find out from the hon. Minister what mode of transportation is being used to ferry officers to remote areas.

Dr Musokotwane: Mr Speaker, we have a combination of modes. There are motor vehicles taking enumerators to certain places and bicycles for more detailed work in remote areas. 

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, I agree that the census is a very important national undertaking. I would like to follow up the request by the hon. Minister of Finance and National Planning that hon. Members should be involved in this very important programme. I would like to find out what measures he has put in place to ensure that parliamentarians and constituency offices that were established throughout the country and are closer to the people than the District Commissioners (DCs) are also involved in this programme so that when constituents come to enquire on the programme, the offices will have adequate information. What measures have been put in place?

Dr Musokotwane: Mr Speaker, I have indicated that adverts have been running on radios, televisions and in newspapers. Surely, as I said, this is an exercise that is of interest to all of us, especially those who want to know the number of the potential voters who exist in their constituencies. Therefore, I am sure that since we are all stakeholders, as we go around campaigning, we can tell the voters about the exercise and encourage them to get themselves enumerated.

 I thank you, Mr Speaker.




137. Dr Machungwa (Luapula) asked the Minister of Communications and Transport when boats for public transport on the Bangweulu Swamps in Samfya District would be procured.

The Deputy Minister of Communications and Transport (Mr Mubika): Mr Speaker, my ministry procured two boats for the Bangweulu Swamps last year. The boats are already in Samfya.

 I thank you, Mr Speaker.

Dr Machungwa: Mr Speaker, I have never seen these boasts. Which Samfya and Bangweulu swamps is the hon. Minister talking about because I go to the constituency …

Mr Speaker: Order!


The Minister of Communication and Transport (Professor Lungwangwa): Mr Speaker, I think it is a question of verification. I would, therefore, request the hon. Member for Luapula to check with our officials in the province. They should be able to show him the boats that have been bought.

 I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!


138. Mr Imenda (Lukulu East) asked the Minister of Health whether the operations of Victoria Hospital situated in the Brentwood area in Lusaka complied with the requirements of both the Lusaka City Council (LCC) and the Environmental Council of Zambia (ECZ) and if not, why.

The Minister of Health (Mr Simbao): Mr Speaker, I wish to inform the House that Victoria Medical Centre is located at Plot Number 6983/CL/24, off Los Angels Road in Longacres. It is located in a predominantly residential neighbourhood that was constructed by former Zambia Airways for its employees. 

Mr Speaker, the LCC received a petition from property owners of Stand Number 6983 (former Zambia Airways Compound). Some grounds of the petition were as follows:

(i)    the road infrastructure was weak and narrow and could not sustain increased traffic to the hospital;

(ii)    there were inadequate parking facilities to the extent that the neighbours were affected by vehicles that parked in front of their residential properties;

(iii)    there was a danger that communicable diseases could spread as the structures were semi-detached;

(iv)    there was no consent granted by the neighbours for the said hospital to operate on a property that is held in common as required by law; and 

(v)    the presence of the hospital was affecting the rental value of their premises.

Mr Speaker, despite the above, Victoria Medical Centre applied in August, 2007 to the LCC for change of status for property Number 6983/CL/24 from residential to institutional one (hospital). The application was rejected and Victoria Medical Centre was advised to close operations and revert Plot 6983/CL/24 to residential use. However, on 18th June, 2009, the LCC reversed its earlier decision and permission was granted to Victoria Hospital on 7th September, 2009.

Mr Speaker, following complaints from property owners, Victoria Medical Centre was requested by the ECZ to carry out an environmental and social impact assessment of the operations of the health facility. Victoria Medical Centre submitted an environmental management plan (EMP) to the ECZ on 6th November, 2007 and after considering the EMP, the proposal was rejected on 26th December, 2007. The reasons for its rejection were:

(i)    the project site was not compatible with the present land-use of the area;

(ii)    the hospital is semi-detached, thereby increasing the potential of neighbouring residents contracting communicable diseases; and

(iii)    the project parking area was inadequate and was worse during hospital peak periods.

Mr Speaker, based on the above reasons, the ECZ advised Victoria Medical Centre to find an alternative site which is compatible with the proposed project.

Mr Speaker, the House may wish to note that according to the records kept by the Health Professions Council of Zambia (HPCZ) (formerly Medical Council of Zambia), the Victoria Medical Centre was approved by the LCC with reference to VT/CPD/Stand CL/24/6983. The environmental impact assessment (EIA) from the ECZ was not submitted to the health professions council.

Mr Speaker, the Victoria Medical Centre is registered with the HPCZ with Registration Number MCZ/101/3/789. The Government is in the process of harmonising the approval procedures so as to ensure that health facilities comply with all the regulatory requirements for the LCC, ECZ and HPCZ before any health facility could be allowed to operate.

Mr Speaker, I thank you.

Mr Imenda: Mr Speaker, over and above what the hon. Minister has mentioned, is he aware that the hospital has no facilities for the disposal of the medical waste to the extent that children are normally found playing around with dangerous materials such as syringes?

Mr Simbao: Mr Speaker, it is difficult for me to ascertain that, but everyone who runs a clinic and has no disposal facility is encouraged to use our University Teaching Hospital (UTH) disposal facility. That is known to everyone who runs a health facility.

 I thank you, Mr Speaker.

Mrs Phiri (Munali): Mr Speaker, there are so many wrong projects which are being approved despite us as councillors being against them. I can cite a few examples. There is a road which has been closed …

Mr Speaker: Order!


Mrs Phiri: Mr Speaker, what is the ministry’s next step when the council fails to act because this is a danger to the community?

Mr Simbao: Mr Speaker, in my last statement, I said that it is important to use our health professions body for any approvals. 
 In this case, the LCC approved the setting up of this hospital and we now have a problem. For this reason, we are saying, in future, before any approval is given, the health professions body should be consulted.

Ms Siliya: Hear, hear!

Mr Simbao: I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Sikota, SC. (Livingstone): Mr Speaker, the Victoria Medical Centre has recently completed a new facility in Kalundu which it is about to open. May I find out whether this has resulted from the problems at the former site. Is this new facility going to take the place of the controversial one? Have the problems associated with the first site been adequately sorted out?

Mr Simbao: Mr Speaker, due to the popularity of this hospital, the owners realised that the original premises were not big enough. So, they have constructed a very big hospital in Kalundu. I am aware that they have recruited very qualified personnel and are just equipping the hospital. Once this process is completed, they will move from where they are at the moment to the new place.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, may I know the significance of the advice given by the ECZ in view of the fact that it rejected the EMP, but this hospital continues to operate.

Mr Simbao: Mr Speaker, the significance of the ECZ is the advice it gives. Upon giving that advice, a lot of work has to be done. In a case where a hospital is involved, it cannot be closed immediately. This is because there are personal relationships between the doctors and patients involved. There has to be a proper transition so that the patients are not disadvantaged.

I thank you, Mr Speaker.

Dr Scott (Lusaka Central): Mr Speaker, is the hon. Minister not aware that the final authority in cases of change of use is vested in the Minister of Local Government and Housing and not the council which is merely a provider of secretarial services? In this context, the continued existence of the Victoria Medical Centre is as a result of the political decision-making coming from, perhaps, one of the patients or the owner of the hospital.

Mr Simbao: Mr Speaker, I am not aware of that. All I know is that Victoria Hospital has been in existence for a long time. So, I do not understand how the issue of politics should arise now. If a business is earnestly set up, and later politicians become members of that business, it is a pity to hear that it is referred to as a political venture. That is not correct. I would, therefore, like to correct the impression made by Hon. Dr Scott. That is not right. We must be fair to people who want to assist the country.

I thank you, Sir.

Mrs Masebo (Chongwe): Mr Speaker, the change of use of any property in the country is supposed to be approved by the hon. Minister of Local Government and Housing. Is the hon. Minister aware that this hospital has been trading illegally? When is the Ministry of Health, in-conjunction with the Ministry of Local Government and Housing, going to ensure that the hospital moves from this site because it is illegally there?

Mr Speaker: That question has been asked and answered, but could you reiterate what you said, hon. Minister.

Mr Simbao: Mr Speaker, I do not understand the hon. Member’s question. We have admitted in our response that the LCC has the power to approve the change of use of property. We also stated that at first the LCC rejected the application of Victoria Hospital, but later reversed its decision. So, I really do not know what she is saying. In my answer, I mentioned the city council and not the ministers in here.

Sir, with your permission, maybe, I should repeat the answer …

Hon. Member: No!

Mr Simbao: … so that it goes down in people’s minds.

I thank you, Mr Speaker.


139. Mr Kambwili asked the Minister of Home Affairs:

(a)    how many police stations there were countrywide as of 31st July, 2010;

(b)    what the total vehicle fleet for the Zambia Police Force was;

(c)    of the total number, how many were runners; and

(d)    who was in charge of the management of vehicles in the Zambia Police Force.

The Deputy Minister of Home Affairs (Mr Sichilima): Mr Speaker, …

Mr Lubinda: Eeh?

Mr Sichilima: Ninshi ulepapa iwe wine!


Mr Lubinda: Ala bwafya!


Mr Speaker: Order!

Mr Sichilima: … I wish to inform the House that, as at 31st July, 2010, the Zambia Police Force had 136 police stations countrywide. The police stations are distributed as follows:

Division        No. of Stations

Lusaka    32
Copperbelt    31 
Southern    14
           Central    12 
Northern    11 
Eastern    8 
Western    9 
Luapula    6 
North-Western    13

The total vehicle fleet for the Zambia Police Force was 998 as at 31st July, 2010.

Sir, of the total number, 672 are runners, while 326 require some attention in order to be in a usable condition.

The management of motor vehicles in the Zambia Police Force falls under the Director of Administration who is a Deputy Commissioner of Police. The Director of Administration is assisted by the Service Motor Transport Officer (SMTO) based at the headquarters who oversees the day to day running of all motor vehicles in the country.

I thank you, Mr Speaker.

Mr Kambwili: Mr Speaker, what is the ministry doing to ensure that the police look after their vehicles well. The police damage their vehicles a lot. What is the ministry doing to improve the way the police look after their vehicle?

Mr Sichilima: Mr Speaker, allow me to borrow the words used by the hon. Minister of Health that people must learn to appreciate the services that others offer. In this case, the hon. Member is insinuating that the police do not look after their vehicles properly. This is not true. 

Sir, the colour of a police vehicle is either white or navy blue. So, if someone sees a vehicle passing in either colour without taking note of the registration of the vehicle, they may think it is probably one of the vehicles belonging to the Zambia Police Force, and yet there are many vehicles of that type.

As I stated earlier, there are people in charge of looking after the police vehicles. Technically, the vehicles reduce their life span if they are not serviced often. Vehicles need to be serviced every 10,000 km. However, due to the high usage of vehicles, the life span is reduced to every 5,000 km and sometimes even lower.

I wish to appeal to the hon. Member of Parliament for Roan to learn to appreciate the services provided by the Zambia Police Force.

Thank you, Sir.




Mr Sikota, SC. (Livingstone): Mr Speaker, I beg to move that the House do adopt the report of the Parliamentary Select Committee constituted to scrutinise the presidential appointments of Hon. Madam Justice Elizaberth Nkombo Chona Muyovwe to serve as Supreme Court Judge, and Hon. Judge Judy Zulu Mulongoti, Mrs Anne Mwewa Sitali and Ms Mary Chitalu Mulanda to serve as Puisne Judges for the Fifth Session of the Tenth National Assembly laid on the Table of the House on 28th October, 2010.

Mr Speaker: Is the Motion seconded?

Ms Mwape (Mufulira): I second the Motion, Sir.

Mr Sikota: Mr Speaker, may I start by thanking you for according me the opportunity to present the report of your Committee. The terms of reference of your Committee were to scrutinise the presidential appointments of Hon. Madam Justice Elizabeth Nkombo Chona Muyovwe to serve as Supreme Court Judge, and Hon. Judge Judy Zulu Mulongoti, Mrs Anne Mwewa Sitali and Ms Mary Chitalu Mulanda to serve as Puisne Judges.

Mr Speaker, from the outset, your Committee was conscious of the fact that the nominees were being proposed to serve in high public offices which require persons of integrity and upright standing in society. With this as the cornerstone of its deliberations, your Committee critically analysed the information at its disposal in ascertaining the suitability of the nominees to serve in the respective positions they were being appointed to.

In its endeavour to ensure that the nominees did not have any adverse security, criminal, corrupt or, indeed, drug-related traces, your Committee sought expert advice from three security wings of Government, namely the Anti-Corruption Commission (ACC), Drug Enforcement Commission (DEC) and Zambia Police Force. I wish to report to the House that the three security organs cleared all the nominees of any involvement in criminal activities.

Sir, your Committee further consulted five independent institutions, namely the Law Association of Zambia (LAZ), the Judicial Complaints Authority (JCA), the Judicial Service Commission, the Human Rights Commission (HRC) and Transparency International Zambia (TIZ) on the suitability of the nominees to serve in the positions to which they were being appointed.

Furthermore, your Committee had the opportunity of interviewing the four nominees and were able to assess their demeanour. Your Committee observed that all the nominees understood the functions and challenges of the offices they were being appointed to and, more importantly, that the nominees were qualified to serve in their respective positions.

Sir, allow me to briefly submit the profiles of each of the nominees. With regard to Madam Justice Elizabeth Nkombo Chona Muyovwe, your Committee observed that the nominee had been serving as a High Court Judge for more than ten years. In this regard, your Committee is confident that, in addition to her academic and professional qualifications, the nominee had adequate experience in adjudication and, therefore, would not fail in her performance of the duties as Supreme Court Judge.

Sir, during the deliberations on the appointee, the JCA brought out one complaint which was made against the nominee relating to a delay in the transmission of a complainant’s record of appeal to the Supreme Court. In exculpation, when written to, the nominee had advised the JCA that it was not the role of Judges to ensure that the record of appeal was transmitted to the Supreme Court. 

Sir, while it was not strictly the nominees’ fault, your Committee is of the view that, as advised by the JCA, a Judge of the High Court should go a step further above their role in ensuring that a record of appeal reaches the Supreme Court on time. This will contribute to the quick dispensation of justice.

With regard to Hon. Judge Judy Zulu Mulongoti, your Committee observed that even before her appointment as a Judge of the Industrial Relations Court, the nominee had already qualified in terms of the constitutional provisions to be appointed Judge of the High Court. In the past, this House has elevated legal practitioners from the Attorney-General’s Chambers to the High Court Bench. Your Committee, therefore, did not agree with the submission by TIZ that the nominee needed more time in adjudication before being considered for appointment to the High Court Bench. Your Committee further observed that the nominee had already delivered eighty judgments and it was LAZ’s submission that her judgments were timely. Your Committee, therefore, is of the view that the time she had spent at the Industrial Relations Court was sufficient experience for her to be elevated to the High Court Bench.

As regards Mrs Anne Mwewa Sitali, your Committee observed that the nominee had served in various capacities in the Ministry of Justice for over twenty years. During that period, the nominee rose from the position of legal aid counsel to Permanent Secretary (Legal). Further, the nominee is a trained legislative drafter with vast experience in legislative drafting. The experience she has attained in the Ministry of Justice as well as her legislative drafting skills are sufficient for the nominee to carry out the functions of a Puisne Judge competently.

Sir, with regard to Ms Mary Chitalu Mulanda, your Committee observed that the nominee had served as a state advocate in the Ministry of Justice during which period she was exposed to court litigation. Your Committee also observed that the nominee is qualified within the constitutional provisions required for one to be appointed High Court Judge. Further, although the nominee had worked more in the capacity of a legislative drafter, she was still undertaking legal duties which your Committee believes would assist her to satisfactorily perform the duties of Puisne Judge.

Mr Speaker, in conclusion, your Committee did not find any information against the suitability of any of the nominees to be appointed to their respective position. Therefore, your Committee recommends that this august House ratifies the appointments of Hon. Madam Justice Elizabeth Nkombo Chona Muyovwe to serve as Supreme Court Judge, and Hon. Judge Judy Zulu Mulongoti, Mrs Anne Mwewa Sitali and Ms Mary Chitalu Mulanda to serve as Puisne Judges.

Mr Speaker, your Committee notes that LAZ is a major stakeholder with regard to who gets appointed to the judicial bench. Your Committee, therefore, expects LAZ to give deep and informative submissions in such matters.

Mr Speaker, finally, your Committee wishes to put on record its gratitude for the services rendered to it by the Office of the Clerk of the National Assembly. Above all, the members wish to express their appreciation to you, Mr Speaker, for appointing them to serve on this Select Committee. Your Committee is equally grateful to all the witnesses that appeared before it and provided valuable information that assisted it in making an informed recommendation to this House.

I thank you, Sir.

Ms Mwape: Mr Speaker, once again, I thank you for according me the opportunity to second the Motion before the House. The Chairperson as mover of the Motion has sufficiently addressed the important issues that are in your Committee’s report. The hon. Members of this House have also had an opportunity to read the report of your Committee. Therefore, I will be brief in seconding the Motion on the Floor of this House.

Mr Speaker, the mover of this Motion has clearly stated the position of your Committee on these important appointments. Therefore, in support of the Chairperson, allow me to add that all the appointees under consideration by this august House are of integrity, mature, experienced and qualified to serve in the positions to which they are being appointed. The appointees’ curricula vitae, as shown in your Committee’s report, attest to their experience and competence to serve in the positions they are being appointed to. The appointments of the nominees would be to the best interest of the nation as they would add value to the Supreme and High Court benches. In view of this, I call upon all hon. Members of this House to support the appointments.

Mr Speaker, before I conclude, may I thank the mover of this Motion for the efficient manner in which he chaired your Committee’s meetings and all the members of your Committee for the unity and hard work exhibited during the deliberations.

With these few remarks, I beg to second the Motion.

I thank you.

Mr Speaker: The hon. Member for Chilanga will now present his maiden speech.

Hon. Opposition Members: Hear, hear!

Captain Moono (Chilanga): Mr Speaker, first, I would like to thank you very much for according me this opportunity to deliver my maiden speech. As you are aware, I worked with you in this Parliament between 2001 and 2006. I am glad that the Lord Almighty has kept you in good health and that we have met, again, after four years.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, I would like to thank the United Party for National Development (UPND)/Patriotic Front (PF) pact …

Hon. Opposition Members: Hear, hear!

Captain Moono: … for adopting me as its candidate in Chilanga Constituency. In particular, I want to pay tribute to the presidents of the two parties, Mr Hakainde Hichilema and Mr Michael Sata for their confidence in me.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, this victory could have not come without the support of the party members from both parties who worked tirelessly day and night to campaign for me and the pact.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, I am, indeed, indebted to these gallant party officials.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, as I have indicated, I have been on a sabbatical leave for four years in Chilanga.


Mr Muyanda: Hear, hear!

Captain Moono: During that period, I have stayed with the people of Chilanga and reflected a lot on the role of an hon. Member of Parliament. The people of Chilanga have suffered for four years due to the non-representation of their interests.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, I have come to continue where I left in 2006.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, the Chilanga Constituency By-election had challenges. I will be failing in my duties if I do not highlight them to you. One of them was the violence that characterised the nomination and election days. 

Mr Muyanda: William Banda.

Captain Moono: Mr Speaker, I was surprised that this violence even followed me as I came to be sworn in here in Parliament grounds. A lot has been discussed on the violence in Chilanga. 

Mr Speaker, the Electoral Commission of Zambia (ECZ) gives a period for nominations to take place. The nominations for Chilanga Constituency were supposed to take place between 1000 hours and 1500 hours. Thereafter, we were advised to go back to the nomination centre so that we could get the announcement of the valid nominations. Due to the huge support that the UNPD/PF Pact enjoys in Chilanga, we decided to leave our cadres in the football pitch which was about a kilometre from the nomination centre. A few officials, including my party president, Hakainde Hichilema, went to collect this validation information. Unfortunately, this was after 1530 hours. Whilst there, we were viciously attacked to an extent that our lives were threatened. I was very disappointed that the hon. Minister of Home Affairs …

Mr Muyanda: Shame!

Captain Moono: … questioned our presence at the nomination centre at that time.

Mr Muyanda: Very bad.

Captain Moono: He claims that the Movement for Multi-party Democracy (MMD) was still processing its nomination papers at that time. My question is: After 1500 hours if you have not complied with the law by filing in your complete nomination papers, are you not supposed to be automatically disqualified?

Therefore, I want to put it on record that the MMD, through its members’ own admission, went to these polls with ill motives.

Hon. UPND Members: Hear, hear!

Captain Moono: Mr Speaker, there is no justification for violence in Zambia. We are a peaceful Christian nation and mix at many forums such as funerals, churches or weddings. The behaviour being perpetuated by the people on your right …

Hon. Opposition Members: Hear, hear!

Captain Moono: … leaves much to be desired. The people of Chilanga have continued to suffer in many areas of human endeavour such as education. As you are aware, Chilanga is a constituency which is in a peri-urban area. We have no high schools in this constituency, particularly in Namalombwe and Nyemba wards, where our current hon. Minister of Finance and National Planning actually comes from. The children there only go up to Grade 9 at basic schools. This Government will very soon be called a ‘basic Government’ because it only provides basic education. Basic education cannot enable a pupil who graduates from school at Grade 9 to get a job. It is now becoming common for our children in Chilanga to think they have finished school when they graduate from basic schools at Grade 9. There is urgent need to build high schools in Chilanga Constituency.

Mr Speaker, the other issue is that of agriculture. I am representing a constituency that is predominantly a farming community. The major crop we grow in this constituency is maize. The farmers in Chilanga who delivered their produce to the Food Reserve Agency (FRA) as early as June and July, 2010, have not been paid as I speak. The rains have actually started in some parts of Chilanga and farmers are supposed to be preparing their fields for the next crop. I am agonizing over how these farmers are going to grow their next produce when they have not been paid.

Mr Speaker, the Farmer Input Support Programme (FISP) in Chilanga and I think in the whole country continues to be ineffective. This programme is meant to empower peasant farmers so that they graduate from peasant farming to emergence and, thereafter, to commercial farming. The FISP in its form and design as run by the current Government is far from satisfying this process of graduation. You may wish to know how many bags each farmer is entitled to. It is only four bags, which is not even enough for a hectare of maize. A family of six cannot harvest enough produce from four bags of fertiliser to last them a whole year.


Captain Moono: Mr Speaker, I think that this Government needs to take deliberate steps to empower farmers adequately so that they are able to graduate from being peasants.

Mr Muyanda: Quality!

Captain Moono: As I mentioned, I was in this House from 2001 to 2006. During this period, the President of the Republic of Zambia was His Excellency, Dr Levy Patrick Mwanawasa, may his soul rest in peace. There is one programme which I still remember that he vigorously advocated for. This was the irrigation scheme. This scheme was going to empower a lot of our emergent and peasant farmers for them to be able to produce more irrigated crops. Unfortunately, after he passed away, I have never heard or read anything about this scheme from the current Government. I, therefore, urge this Government to revive the irrigation scheme so that we can empower our farmers to become more productive and satisfy the local market as well as be able to export our produce.

Mr Speaker, the other problem we have in Chilanga concerns mining and quarrying which is actually carried out by the so-called foreign investors. Chilanga is a farming constituency and, therefore, the mining and quarrying taking place there has become an environmental hazard. The blasting methods used in mining are actually a danger to our livestock. For instance, the laying rate of our chickens has dropped due to the noise created by mining and quarrying activities in Chilanga.

Mr Speaker, the dust from these mining activities has actually increased the number of diseases which these farmers who live on the western side of these mines suffer from such that most of them, right now, are coughing. I think there is need to address the tendency by this Government of give mining licences in areas that are close to our farmers, which is actually very incompatible to farming practices.

Mr Speaker, farming cannot be complete without a proper road network. The road network in Chilanga leaves much to be desired. During the by-elections, we saw a lot of graders attempting to grade the Mpamba/Mano Road and roads in Namalombwe as a way of campaigning by the Ruling Party. The Mpamba/Mano Road is in a swampy area and cannot be graded without putting gravel so that it becomes strong during the rainy season. In the manner it has been graded during the campaign, a lot of vehicles will have accidents during the rainy season because this road is very slippery. I urge the hon. Minister of Works and Supply to create time on his schedule for him and me to go and visit this road so that we can come up with a way of doing a permanent job.

Hon. Government Members: Aah!

Captain Moono: This Government has an obligation to provide services to the people of Chilanga and Zambia at large.


Captain Moono: Mr Speaker, I would like to also thank the MMD Government for the many gifts and game meat which were brought during the by-elections.

Hon. Opposition Members: Hear, hear!

Captain Moono: Mr Speaker, the nutrition status of Chilanga Constituency improved during the by-election because, for the first time, we enjoyed buffalo and impala meat. There are even leftovers which I will serve during my celebration party.

Hon. UPND Member: Hear, hear!

Captain Moono: However, I am worried about the fact that this game meat could have been obtained illegally. Therefore, I urge the hon. Minister of Tourism, Environment and Natural Resources to take a head count of how many buffaloes have remained after that massive slaughter.


Captain Moono: Mr Speaker, as I mentioned, I was an hon. Member of Parliament and contested the 2006 Elections, but did not win. However, I petitioned the results. My coming back is a clear testimony that the Chilanga people actually voted for me during the 2006 Elections and now ...

Hon. UPND Members: Hear, hear!

Captain Moono: ... will vote for me come 2011.

Hon. UPND Members: Hear, hear!

Captain Moono: Mr Speaker, I also want to mention, to this Government, that Chilanga has a lot of retirees from the Civil Service and defence forces. It is embarrassing to see these Generals neglected by this Government after providing security most of their lives. I do not want to mention the names of these Generals, but there are many such that when I see them, as a retired captain from the defence force, I am embarrassed. This is because some of them were my defence air commanders and army commanders, but they have been reduced to beggars. They walk the streets as if they did not serve this country. I think this Government needs to take a serious step in looking after the interest of these generals and senior civil servants. The hon. Minister of Defence will be doing this country a service by looking after these retired Generals, other civil servants and, indeed, all ranks and files from the defence forces.

Mr Speaker, I wish to thank you for the opportunity accorded to me to deliver my maiden speech.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

Mr Milupi (Luena): Mr Speaker, I thank you for giving me this opportunity to add my voice of support to the Motion on the Floor.

Mr Speaker, the system of Government that we have decided upon, as a nation, in the democratic dispensation speaks of three separate, but equal arms of the Government. These are the Judiciary, Legislature and Executive. The arms of the Government should each play their roles effectively by understanding the underlying principle ...

Mr Speaker: Order!

Business was suspended from 1045 hours until 1100 hours.

[MR SPEAKER in the Chair]

Mr Speaker: Hon. Members, since there is no quorum, I will suspend business for some minutes.

Business was suspended from 1101 hours until 1102 hours.

[MR SPEAKER in the Chair]

Mr Milupi: Mr Speaker, when business was suspended, I had just begun talking about the system of governance that we have adopted as a nation. We have the three arms of the Government and the people.

Mr Speaker, the three arms should each play its role effectively and efficiently by understanding the underlying principle of separation of powers. In the light of this, I must state that the Judiciary and Legislature are not subordinate to the Executive. If the two arms do not play their role in an independent manner, it is not necessarily the fault of the Executive. 

Mr Speaker, power is a very difficult issue to understand, but it tends to fill a vacuum. If those who give authority to exercise power choose not to exercise it, then some other function will fill that vacuum. If these other arms decide to surrender their power, then the Executive will readily take it up. Thus, certain judgements in this nation have been questioned as favouring the Executive. 

In the light of this, Mr Speaker, the Judiciary, just like the Legislature, needs to redeem itself. If we are to move forward, as a nation, we have to ensure that the three arms of Government operate effectively with each one of them fully playing its role. 

Let me mention one or two issues that are worrying the general citizenry. One relates to delayed judgments. 

Mr Speaker, it is often said that justice delayed is justice denied. We are all aware of many cases which are before our courts of law that take unnecessarily long and, in certain cases, affect this particular House. It is, therefore, necessary for us to appreciate the increase in the number of Judiciary officers. It is in this light that I wish to add my voice of support to the appointment of the three judges, one of whom has been elevated to the position of Supreme Court Justice and the others to Puisne Judges. 

Mr Speaker, these are eminently qualified people and I have no problem with supporting them. 

Mr Speaker, I was worried when I heard the Chairperson of the Select Committee infer that the co-operation that was given by LAZ was not to the required level. It is worrying that the body to which all judiciary officers subscribe could behave that way. It is the members of LAZ that appear before the judges and will continue to do so even before the new people that will be appointed as judges. Therefore, this House and the nation rightly deserve the guidance that LAZ ought to have given because it knows those who are already judges and the quality of their judgments. As I said, they are all members of LAZ. I hope that, in the future, the association will co-operate in order to give the House the guidance that will aid it to make informed decisions.

Mr Speaker, it is necessary that, even as these officers take up their positions, the whole of the judicial system understands the need to dispense justice in a manner that is fast. 

Mr Speaker, I am very careful in debating this issue to ensure that I do not touch on matters that are subjudice. However, how often have we seen matters linger on to a point where certain matters affect this House in that cases that could have been expedited so that the composition of this House should be as is required are delayed?

Mr Speaker, for example, a petition against one’s party for expulsion seems to take so long that, in certain cases, it is as if it is of no consequence. That is why we are saying that with the increased number of judges, there ought to be a minimum time of period allowed so that such matters can be dealt with expeditiously. This is an important issue because we should not hijack democracy in this country.

Mr Speaker, with that contribution, I thank you.

Mr Muyanda (Sinazongwe): Mr Speaker, I am grateful and indebted to you for giving me an opportunity to add my voice to the Motion on the Floor of this House. I will not borrow the phrase from the president who has just been debating that, “Justice delayed is justice denied.” There is also another phrase which states that, “Delays defeat equity.” 

Mr Speaker, I have been in this House for the past nine years and have been reading the statutes that have been laid out by our smart and well-trained legal draftsmen. This has resulted in my gaining a bit of experience in the law-making process. 

Mr Speaker, however, in situations where the general public starts to complain about the Judiciary betraying them, there is certainly something wrong. 

Mr Speaker, in my brief submission, I have a question. Should our judges not be amenable to judicial review? 

Mr Speaker: Order!

You need to be very careful, especially in view of what has been mentioned that there are three arms of the State which check and balance one another or which are separate, but equal as you heard. You need to be very careful in the way you debate a Motion like this one. 

The Motion before you does not call on you to debate another arm of the State. It calls on you to adopt the report which is before you. Within limits, you can call on the members of the other arm of the State to expedite judgments. Be very careful. These three arms of the State, although they check and balance one another, also respect one another. Debate the report. 

You may continue. 

Mr Muyanda: Mr Speaker, I thank you. I am much obliged.

 Mr Speaker, I would like to point out that my position is that I have accepted and adopted the recommendations of your Committee. However, I would like the House to note that other countries such as Kenya have adopted principles of judges and magistrates to be amenable to judicial review. 

Sir, …

Mr Speaker: Order!

There is no such thing in law. What you are talking about, maybe, refers to setting up a tribunal. This is available in the Constitution of Zambia. There is no such thing as reviewing a judge through the method you are referring to. No. 

You may continue.

Mr Muyanda: Mr Speaker, with your guidance, I appreciate so much that I may not be found to challenge the Chair. 

However, I do have a last point to make in my submission which is an appeal to the learned and highly qualified people that have been appointed to consider the doctrine of speedy hearing of cases without selection. I do hope that there will be justice in the Supreme Court because, in the past few years, there were excuses that the Supreme Court was starved of competent and qualified staff. Now that it is beefed up with qualified members of staff, will Zambians see the justice that they wish to have? 

I thank you, Sir. 

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

Mr Speaker, firstly, let me mention that I forgot to congratulate Hon. Mung’omba and Captain Moono who have joined us. Let me welcome you to the House and encourage you to very quickly get into the swing of things. You will find it rewarding.

Let me now comment on the Motion on the Floor. I wish to say that the nominees who have been put forward are eminently qualified as can be seen from the report. What is extremely pleasing about these nominees, as I noted yesterday, is that they are all women. This will help Zambia to try to address the imbalance in our personnel where the male gender tends to dominate in most sectors. Therefore, I believe this is the right direction.

Mr Speaker, as I said earlier on, I fully support these nominees and once they get to the Bench, I would like to urge them to ascribe to the saying, which is very common in the Judiciary, that justice delayed is justice denied. The important point here is that, over the last few years, we have ratified a considerable number of people to the Bench to become Supreme Court Judges and High Court Judges. Of course, this follows the amendment that was passed in this House on the number of judges.

Mr Speaker, under these conditions, it is only fair that the people expect justice to be executed speedily. We have a situation where cases drag on for too long. Some of the reasons are technical because lawyers want to delay or, maybe, witnesses are not there, but, sometimes, you find that even when submissions have been concluded, it takes a very long time before judgments are delivered. We hope that with the increased number of judges on the Bench, the dispensation of justice will be speedily carried out.

Mr Speaker, what is also good to see is that, unlike in the past when recruitments to the Judiciary were being made, people from the private sector, especially, shunned the Bench because the conditions of service were not very favourable. I recall in 1991, when I came to this House, because the salaries of Cabinet Ministers and judges used to come before this House, the wages for Cabinet Ministers were slightly higher than those of puisne judges. Currently, that is not the case because the conditions of service are very favourable in the Judiciary. We hope that this will not only remain at the Supreme Court and High Court levels, but also be extended to magistrates.

Mr Speaker, when you compare the conditions of service for the High Court and the Supreme Court Judges, you will notice that the conditions of service for magistrates are less attractive. In fact, in the last few years, we have witnessed strikes among the magistrates. I think this anomaly needs to be corrected so that even people at the lower levels enjoy reasonably good conditions of service. Talking about conditions of service, we would hope that all other constitutional offices or otherwise, including here …

Mr Speaker: Order! Withdraw the words “including here”.


Dr Machungwa: Mr Speaker, I thank you for the guidance. The words “including here” are withdrawn.

However, one would hope that other sectors …


Hon. Members: Hear, hear!

Dr Machungwa: … of the Public Service in the economy will also be looked at so that everybody in the country is motivated.

Hon. Members: Hear, hear!


Dr Machungwa: Sir, let me now look at page 15 of your Committee’s report and I find this somewhat disturbing. The report, under observations and recommendations, on page 15, (19), reads:

“Your Committee observed that the written memorandum from the Law Association of Zambia was scanty as it did not provide adequate information which could assist your Committee in its scrutiny of the nominees.

“When this was pointed out to the witness, who appeared before your Committee on behalf of the association, the witness promised to resubmit a more detailed informative written memorandum which he did not do.”

Sir, in scrutinising issues such as appointments, this House relies on stakeholders to help it make an informed decision on the opinion and assessment of nominees. LAZ occupies a very unique and important position, especially when considering appointments to the High Court, Supreme Court and the Judiciary, in general. It is very sad to note, from the report, that they are not doing what is expected of them. This is extremely unfortunate. I hope that LAZ and whoever is responsible for sending people to appear before Committees of this House do a good job. Otherwise, in the future, we might not consider them.

Mr Speaker, in conclusion, I just wish to re-emphasise the fact that with the recent increases in the number of judges and people working in the Judiciary, justice for the people of Zambia will be speeded up.

I thank you, Sir.

The Deputy Minister of Justice (Mr Chilembo): Mr Speaker, I thank you for according me the opportunity to wind up debate on this Motion.

Sir, I wish to thank all hon. Members who have spoken before me and are in full support of this Motion. I would like to state that what has been submitted to this House has been noted. It is, indeed, regrettable on the part of LAZ that it underperformed. Likewise, previously, this concern was made. I hope that, in future, there will be an improvement. From my experience, I will not go into detail, being a beneficiary of the overwhelming support that we have received, but I can only confirm that I have worked with most of the nominees in one way or another and they are, indeed, evidently qualified. We are definitely sending quality to the Bench.

Mr Speaker, with those few words, I thank you.

Mr Sikota, SC.: Mr Speaker, I thank you for giving me this opportunity to wind up debate on this Motion. I wish to particularly thank the seconder of the Motion for the able manner in which she supported it. I also thank the four hon. Members who have debated this Motion and I am also grateful to the House for its overwhelming support.

Mr Speaker, I beg to move.

Question put and agreed to.




VOTE 05 – (Electoral Commission of Zambia  – K282,763,088,718).

(Consideration resumed)

Mrs Masebo (Chongwe): Madam Chairperson, when business was suspended yesterday, I was saying that evidently there is voter apathy in the election process. I advised that there is a need for the Electoral Commission of Zambia (ECZ) to reduce apathy by increasing the number of polling stations so that people do not have to walk long distances to vote. 

Madam Chairperson, the other issue that can help with voter apathy is voter education. I see that in this year’s Budget, some resources have been allocated to that line. Obviously, those resources may not be enough. I want to suggest that the political parties should work or assist the ECZ by educating their members and, indeed, the general citizenry on the importance of voting. Clearly, where there are heavy campaigns and education by various political parties, you will normally see the enthusiasm of voters from the way people line up as early as 0500 hours or even before the polling booths are opened. However, where political parties have not done enough work, there is apathy. I, therefore, think that beyond the ECZ, there are political parties and, indeed, other stakeholders who can assist the ECZ to ensure that voter apathy is reduced.

Madam Chairperson, there is also the issue of violence. Violence also keeps away voters. I think that all of us, both in the Ruling Party and the Opposition have work to do in that line because as far as I am concerned, we are all culprits. 

Madam Chairperson, I see that there are resources for harmonising the Electoral Act in the Yellow Book. I want the Leader of Government Business in the House to help me to understand exactly what will happen this year leading up to the elections next year. There are issues, for example, of delimitation of wards and constituencies. In the electoral process, there was a suggestion that we must increase the number of constituencies because some of the constituencies, such as Chongwe Constituency, are too big. Therefore, there is a need to divide it, at least, into three constituencies. I know that a number of other rural constituencies need to be divided. The question is: Are we going to see a situation where some constituencies and wards will be divided in the next elections? Some wards in the rural areas are very big such that hon. Members fail to reach out to all their people. You will find that in a particular ward, it is difficult even for a councillor to cover the whole ward. So, indeed, if we are talking about development for the vulnerable people, especially those in the rural areas who really need the services, it would help if the delimitation exercise would be conducted even at ward level. I would like the hon. Minister to clarify that matter.

Madam Chairperson, the other point is the printing of ballot papers. Are we still going to continue having ballot papers printed outside Zambia? Really, it is becoming very expensive for this country. We just give business to other nationals. There are local printers, both in the Government and private sectors. That job can be done here. I know that, in the past, there were issues of suspicion, but I am sure both the Government and the Opposition now know that that issue does not arise. If anything is going to go wrong in Zambia, it might as well go wrong outside the country. When this is done outside, it can be even worse. So, we might as well just begin to use our own people so that the little resources which this country has can be retained herein.   

Madam Chairperson, the other point I want to address has to do with the composition of the ECZ. To the best of my knowledge, this is an issue that many people have talked about since 1991. There are different schools of thought. Others feel that members of political parties, both in the Ruling and Opposition parties, should have representation on the ECZ. Others think that there must be a body that must choose the members of the ECZ and only then will it be impartial. I, sometimes, think that all these suggestions are the same. At the end of the day, whether it is the Secretary to the Cabinet choosing a member or somebody else, that body will still have to be chosen by somebody and the same accusations will still arise. Therefore, it is important that we begin to trust our own institutions. We should, however, support our institutions by giving them enough resources so that they can do their job. If they do not have enough resources, then they will be seen to be failures or compromised. Like I said yesterday, the woman who is heading the ECZ is a renowned woman of great integrity. I do not think that there is anybody else who can be better than her. If we choose someone else, I think that person will perform just like her. 

Hon. Members: Hear, hear!

Mrs Masebo: Madam Chairperson, really, it is not about individuals, but systems. All the systems need to be looked at by the Government, stakeholders and the Opposition so that we make our electoral process free and fair. The issues of elections are just like the judicial issues when you go to court. What is important is that justice must be seen to prevail. The public must have that confidence. Likewise, in this regard, the people must have confidence in their own institutions so that these institutions can deliver. I want to believe that, indeed, our institutions can deliver. We just need to give them the necessary support and encouragement. If I am encouraged and people think that I am a person of integrity, I will try to live up to that standard. If I am criticised day and night and accused of things that I am not doing, it can be discouraging. This will make these people hate you and even stop supporting you in the process. Therefore, I think we need to support this institution, give it enough resources and let all of us sit together and agree on the processes. We should give the ECZ more power and guidance in terms of legislation. That way, we will begin to see some improvement and begin to build confidence in the system. 

Madam Chairperson, some of the irregularities that are happening have nothing to do with the ECZ. These are done by the political parties. If one individual is caught trying to double vote, it is that individual or, indeed, that political party to be blamed. It is not the ECZ. I have been a politician in this country since 1990 and I have participated in a number of elections. A lot of malpractices that happen have nothing to do with the ECZ, but more to do with ourselves and our political parties.

I thank you, Madam Chairperson.

 The Deputy Minister for Copperbelt Province (Mr Mbulakulima): Madam Chairperson, I thank you for giving me the opportunity to debate.  I stand to support the Motion on the Floor.

Madam Chairperson, from the outset, I would like to state that the ECZ is an important institution. I would further like to adopt the last part of Hon. Masebo’s debate as mine.  

Madam Chairperson, the ECZ is one organisation Zambians should be proud of. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Personally, I compare the ECZ to the Office of the Auditor- General. These two organisations have done extremely well and there is no need for us to blame them for anything. The ECZ has done extremely well at the continental level.

Madam Chairperson, we must understand that managing such an institution, especially in a society that is polarised, is no easy task. Therefore, you cannot blame the ECZ. I further agree with Hon. Masebo that Hon. Judge Mumba is a lady of integrity and of high standing in society. Hon. Judge Mambilima and the late Judge Bob Bwalya were equal to the task. 

Madam Chairperson, the problem is with the politicians. His Excellency the President, Mr Rupiah Banda, is doing extremely well, but all we do is criticise him. 

Mr Shawa: Hear, hear!
Mr Mbulakulima: Madam Chairperson, the ECZ is doing extremely well, but all we do is criticise it. 

Madam Chairperson, this is the same way my colleagues on your left criticised the late President Mwanawasa on the Floor of the House. When we praised him, they said we were bootlickers and job seekers. Only after his death did they see how good the man was. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Sometimes, when you stand to debate and parade yourself in this fashion, do not forget that the nation is listening. 


The Chairperson: Order!

Mr Mbulakulima: When you parade yourself like that, you will look hopeless in the end. People have not forgotten what you used to say. You are criticising the ECZ now, but, tomorrow, you will be praising it. 

Madam Chairperson, someone mentioned the issue of autonomy. Autonomy does not mean the source of appointment as Hon. Masebo said. You can pick anyone, but it will still not solve the problem. What people will criticise is the inability to make independent decisions which, I believe, this commission is able to do.  

Madam Chairperson, politicians need to be introspective. This is where we have gone wrong. There is nothing wrong with the ECZ, but something is wrong with the political players. For instance, during the Chifubu By-election, the motorcade of His Honour the Vice-President and Minister of Justice was blocked by one political party. When the Patriotic Front (PF) leader and his colleagues landed in Ndola, even after seeing the route the Vice-President and Minister of Justice was using, they blocked it. One of the hon. Members who debated yesterday was in the forefront of diverting the police off the road. With this sort of behaviour, you come and stand on the Floor of this House to condemn the ECZ and you think that the people of Zambia are not aware of what happened in Ndola.
Hon. Government Members: Hear, hear!

Mr Mbulakulima: If the ECZ had wanted, they would have sent you away. Personally, I believe that the hon. Member for Chifubu would not have been here because the ECZ would have banned the PF from taking part in the election. It is because it is a neutral and flexible institution that it allowed the elections to go on. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Madam Chairperson, we need self-assessment.  

Mrs Kawandami: On a point of order, Madam. 

Hon. Government Members: Aah!

Mr Shawa: Aah, ikala panshi!

Mr Mbulakulima: Madam Chairperson, we are distributing fertiliser across the country because the farming season has begun. One hon. Member stood on the Floor of this House and said that there was fertiliser distribution in Luanshya by cadres. Do you not want the people of Luanshya to receive fertiliser this season? Where, in this country, have you seen party officials distributing fertiliser? These allegations are unfounded. 

Madam Chairperson, we need self-assessment. Political hooliganism is not practised by the ECZ, but by political parties. It is such issues that cause apathy. 

Mr Shawa: Quality!

Mr Mbulakulima: Acts of intimidation are not conducted by the ECZ, but by political players. Careless talk is not done by ECZ, but by us. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: These are issue that lead to apathy. Until we conduct self-examination, this kind of situation will continue. Even if we change the personnel at the ECZ, nothing will change. 

Hon. MMD Member: Wisdom!

Mr Mbulakulima: Madam Chairperson, I noticed in the Budget that the ECZ has taken very good measures. There is continuous voter registration with an allocation of K39.4 billion. This is how it is supposed to be. I also noticed that they have established voter education clubs in high schools for the first time. Why do you not look at the positive aspect of the ECZ?

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Madam Chairperson, for the first time, K166 million has been allocated for this exercise. This is the way we are supposed to move. 

Madam, I would like to put the record straight by stating that there was no violence by the MMD in the last election. The PF, which set up its base near the polling station, bought chibuku for the people on voting day. This is what brought about the confusion.

Mr Shawa: Tujiliji!

Mr Mbulakulima: Today, they want to stand on the Floor of this House and blame the MMD. This must come to an end. 

Madam Chairperson, there are people living in a fantasy world where they believe that the MMD is losing popularity. To the contrary, the facts on the ground are that the MMD is becoming more popular by the day.

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Madam Chairperson, I want to remind my colleagues on your left how the MMD has performed in Luapula Province, once a stronghold of PF.  

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

Mr Mbulakulima: I am still talking about self-examination. This is how we make the work of the ECZ difficult because we do not examine ourselves. Today, they are claiming to be popular, but anyone who follows current political affairs will tell you otherwise. 

Madam Chairperson, in the last one year, we have had four bye-elections. The first one was in Chienge which belonged to the PF, and the MMD grabbed it. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: The second one was in Mwansabombwe, once the headquarters for the PF and MMD has grabbed it. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: The third one was in Mansa. We all know that Mansa is the provincial capital for Luapula. That seat belonged to the PF, but the MMD won it. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: The latest one was on Monday, 25th October. This seat belonged to the MMD and PF tried to grab it. 

Mr Shawa: They lost badly.  

Mr Mbulakulima: They were not beaten. Let us use the right words. They were annihilated. They were butchered. 

 Hon. Government Members: Hear, hear!

Mr Mbulakulima: They were liquidated.

Hon. Government Members: Hear, hear!

Mr Mbulakulima: They were whitewashed.

Hon. Government Members: Hear, hear!

Mr Mbulakulima: They were walloped. 

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Madam Chairperson, the election results were 1,170 to 664. 
You are talking about apathy here. We are talking about a ward where over 1,000 people have crossed over from the other side and you sit there and say things are fine. Hon. Mulyata, what kind of people are they? Look at them. 


The Chairperson: Order!

There is no looking at who is who. Just debate, hon. Minister.


Mr Mbulakulima: Madam Chairperson, another contradiction came from Hon. Lubinda who did not only console himself and his party, but also boasted of having narrowed the gap in Mpulungu, the same facts he and his colleagues disputed in Chifubu. Let me remind him and the House that in 2006, the PF had more than 10,000 votes while this time around they had only 6,000 in Mpulungu. They are accepting the same facts in Mpulungu which they refuted in Chifubu.

Madam Chairperson, let me take advantage of this occasion to talk about what seems to be a culture or disease of premature celebration, whenever there are elections. Our colleagues must know that an election is just like a game of football and it is all about exercising. Football is about ninety minutes plus stoppage time. Equally, during the elections, there must be tolerance. Elections are not only for the urban people. Every citizen of this country has the constitutional right to vote. The habit of starting to celebrate when three or two results are counted at one centre is not good because it is making the work of the ECZ difficult.

Hon. Government Members: Hear, hear!

Mr Mbulakulima: This brings about anarchy and controversy in the country. We should not allow this. Let us wait for all the results from every corner of the country. Otherwise, you are making the work of the ECZ difficult.

Mr Mulyata: Aah! Sure!

Mr Mbulakulima: It is not only that Hon. Mulyata, I have more facts and I am coming to that.

Hon. Government Members: Hear, hear!

Mr Mbulakulima: Finally, Madam Chairperson, we, as politicians, make the work of the ECZ difficult. In one breath we say one thing and in another, we say something else. I have two editions of The Post newspaper, which I will lay on the Table.

 Hon. Government Members: Hear, hear!

Mr Mbulakulima: On 23rd August, 2010, there was a statement in The Post newspaper which read:

“Rigging or no rigging, Banda and the MMD are going down in Mpulungu.” 

Mr Muliata: Sure!

Mr Mbulakulima: Madam Chairperson, on page 4, Mr Sata stated in that article as follows:

“Rigging or no rigging, Rupiah and the MMD are going down in Mpulungu, that is why he is panicking.”

Madam Chairperson, a few days later, what did we see? There was another statement in the same paper that read:

    “PF will petition Mpulungu results, MMD stole our votes – Sata.”


Mr Mbulakulima: You want to blame the ECZ.

Hon. Government Members: No!

Mr Mbulakulima: The statement continues as follows:

“PF President, Michael Sata, yesterday charged that the MMD stole his candidate’s votes in the Mpulungu Parliamentary By-election and that the party will petition the results.”

Madam Chairperson, these are the words and actions that make the work of the ECZ difficult. Can we leave the ECZ alone. Let us conduct self examination or else we are misleading the country.

Madam Chairperson, with those few remarks, let me lay these papers on the Table.

I thank you, Madam.

Hon. Government Members: Hear, hear!

Mr Mbulakulima laid the papers on the Table.

 Hon. Government Members: Hear, hear!

The Minister of Home Affairs (Mr Lungu): Madam Chairperson, I would like to thank you for according me this opportunity to debate.

Madam Chairperson, in supporting the ECZ, I briefly want to agree with what Hon. Mbulakulima and Hon. Masebo said. We have to co-operate with the ECZ. That way, we will make the work of all stakeholders easy. If we do not, we will begin misinforming the public.

Madam Chairperson, I just want to say a few things regarding the rules pertaining to filing of nominations during nomination day. The ECZ rules are very clear. The rules state that it is only the nine supporters who are supposed to go to the nomination centre. There should be the nine supporters, the candidate and an election agent, bringing the number to eleven. Those are the only people who are allowed at the nomination centre. The rest of the people and supporters are supposed to be 400 metres away from the nomination centre. What happens during this time is that people disregard these rules and go to the nomination, including those who do not qualify to escort the candidate. 

Madam Chairperson, I can recall a statement which was made in this House that some people were supposed to go back to listen to the results of the filing in of nominations. It is true that they are supposed to go back, but they can only go back when the ECZ official or the presiding officer says, “Come, here are the results.” In some situations, like it had happened somewhere, before they were even called, they moved in and went beyond the 400-metre distance. By so doing, we will begin to mislead the people and say that it is the ECZ which has allowed us to do that when, in fact, we are flouting the rules of the ECZ. When that happens and when chaos begins to reign, then, the police will come in with short batons because they want to maintain peace, law and order.

I thank you, Madam Chairperson.

 Hon. Members: Hear, hear!

Mrs Sinyangwe (Matero): Madam Chairperson, I would like to thank you for according me the opportunity to make some remarks on the Motion on the Floor of the House.

First and foremost, I would want to commend the ECZ because it has been doing a commendable job despite many challenges

 Hon. Government Members: Hear, hear!

Mr Sinyangwe: Elections are about wining and losing. When we go into an election, we should bear in mind that we might win or lose. If we lose because we did not prepare adequately, let us not blame the ECZ.

Madam, I have said this because I have seen the trend of some political parties, especially on your left. When they win, they are quick to say that the ECZ has done very well and that Justice Mumba is a very intelligent woman. I have heard such comments. When they lose, then, it is not good. I think we should be mature enough to look at things realistically. When we lose, we must conduct a postmortem to try and see what has made us lose. No one will ever make you lose an election, but yourself. If you did not prepare enough, you do not expect miracles at the end of the day. If you made mistakes by choosing wrong campaign managers and candidates, do not blame anybody or the ECZ. The ECZ is there to ensure that the rules that we have given it are followed.

Madam Chairperson, what I am saying is that we have done very little as political parties. This morning I was listening to a programme on Radio Yatsani. The producer of this programme went to Kanyama Constituency where he was talking to people. One woman said, “I will register when the time comes for me to register as a voter.” The other woman said, “If I hear that they are voting this side, then I will go and register.” This is a clear indication that we are not doing much to educate our people to know what is happening around them. We are taking things for granted. Some people do not access newspapers because, maybe, they cannot afford or, maybe, they spend the whole day at the market and, therefore, cannot listen to the news.
 Therefore, even those of us who want to be voted into office must have a deliberate move to educate our people. For us to win an election, we must first mobilise the people to get their national registration cards (NRCs), register as voters then go and campaign. What good is there to campaign to somebody who has no voter’s card? It does not do you any good.

The other thing which I have observed we do is to blame the ECZ that it allows projects to be done in areas where an election is taking place. For God’s sake, if there is a flood in the area, are we going to let people die because there is an election? Are we going to let people go hungry and not give them food because there is an election in an area? 

In my opinion, if, for example, I support President Rupiah Banda, it does not matter who gives me what. I will still vote for him because I am convinced he is the right candidate. Therefore, we must talk to our people and convince them to believe in us regardless of what is happening around them. When we do that, they will have confidence in us such that they will vote for us. It is very bad to expect our people to go hungry until after the elections. That is not good. If they go hungry, who are we going to lead as hon. Members of Parliament? I believe projects should go on regardless of elections.

Hon. Members: Hear, hear!

Mrs Sinyangwe: We must be mature and accept this even forty-six years after independence.

Sir, when I was working at the Ministry of Education, I was privileged to observe some elections. At that time, I was doing educational broadcasts and I saw that the hon. Members of Parliament then were very mature. Now, it is Parliament made simple.

Mr Lubinda laughed.


Mrs Sinyangwe: We stand up and say anything …

The Chairperson: Order! Order!


The Chairperson: Mrs Sinyangwe, I do not think that is the correct language to use. This House is still a very honourable House. Parliament has not been made simple.


The Chairperson: The hon. Member debating believes that this is a very important House with all its powers, and so, she will withdraw that allegation about Parliament.

You may withdraw that allegation and then continue.

Mrs Sinyangwe: Madam Chairperson, I withdraw those remarks. 

Madam, there have been situations where politicians incite cadres to do certain things, which is not good. We should learn to be issue-based campaigners.

I wish to take this opportunity to advise my colleagues that winning an election does not start the day the nomination day is announced. You win an election long before you go for the voting takes place.

Hon. Member: Yes!

Mrs Sinyangwe: If you have prepared adequately, when the time comes, you simply go and talk to your people and they will know you and what you stand for. Let me also state that we need to conduct ourselves in a manner that befits hon. Members. People should be able to know that we are hon. Members from the time we open our mouths to talk. We should lead by example.

Madam Chairperson, I believe that the people working for the ECZ are professionals who know what they are doing. They just need our support. If there are any gaps you see, you should go and talk to them. After all, that is a public institution which anybody can contribute to.

Madam, on the question of the Electoral Code of Conduct, I wish to suggest that it should be reinforced. I have observed that when somebody has a problem and goes to court, it takes too long for judgement to be passed. I wish we could have a way of disposing of petitions and complaints in a faster manner than what is happening now.

Madam Chairperson, on the issue of voters’ apathy, I wish to say that this problem comes back to us political parties and the ECZ. The ECZ should have a deliberate policy to educate the people continuously on voting and not just wait when there is an election. We must reach a stage where people will understand why they are voting. Some of them say, “They did not work on our roads and so we are not voting.” Do they know why they should vote? Instead of doing something about the situation, we just let them be. 

As a teacher, I believe that I must educate the people on why they should vote. If they are voting for me, they must know why they should vote for Faustina Sinyangwe so that at the end of the day, no one can move in with money or chitenge to convince them otherwise because they will know why they want to vote for me. They should know why they vote and how important it is for them to vote for leaders of their choice. You should tell them to ask themselves why they are voting for a particular candidate.

For this reason, it is important that the ECZ educates the people and informs them about the importance of voting.

The other point I wish to bring to your attention, Madam, is on NRCs. Campaigns start at the point of registration. We must ensure that we register as voters and be in possession of NRCs. However, getting a card has been a problem. Many mothers go with their children to the Registration Office and come back without the cards. We should try and make things easier because it is quite difficult to obtain a green NRC. Nowadays, people are looking after orphans who they find it difficult to obtain birth certificates for later on the NRCs. They can, at least, obtain an affidavit without difficulties. 

Hon. Member: Hear, hear!

Mrs Sinyangwe: The other issue I wish to talk about is violence during elections. This can only be stopped if political parties realised that violence is bad. It is not good to let young people lose their eyes and get hurt just because someone wants to get a vote to go to Parliament. It is immoral. We must also educate the youth on their role during elections.

The question of distances between polling stations in rural areas should also be looked into. It is difficult for old women to walk long distances just to go and cast their vote. They might not have the capacity and the strength to get to a polling station and so, they are disfranchised.

Lastly, I would like to urge the hon. Members to stop the culture of blaming others whenever something goes wrong. Each time something goes wrong, we find somebody to blame. Do we sometimes stop to think and question ourselves what we were supposed to do which we did not do? We always want to say, “What did they not do?” That is bad.

As educated and civilised people, we need to behave in a manner which will make people out there admire us. I would like to urge all political parties to be mature and respect other people’s opinions. We must respect other people’s opinion and should not think that because we won in a certain constituency in 2006, then, we are going to win again.

Hon. Member: No!

Mrs Sinyangwe: No! Things change. You must understand and believe that things change. It does not mean that if in 2006 I supported you then even in 2011 I will support you. It is possible for me to change my mind.

I thank you, Madam Chairperson.

Hon. Members: Hear, hear!

The Chairperson: Hon. Members, before I call on the next debater, I wish to make an observation based upon what I have heard in your debates. Nobody is referring to the budget. It is just being brought in, in a by the way manner. 


The Chairperson: Order!

I will, therefore, listen to one more debater and see if there will be new points that will come through. Everyone has been coming up with the same points we heard this morning.

Captain Moono (Chilanga): Madam Chairperson, thank you very much for giving me this opportunity to contribute to the debate on this Motion which is dear to my heart.

First and foremost, I would like to tell the ECZ that Zambia is a Christian nation and putting an election date on a worship day is contrary to our Christian values. I hope the attempt to put the Chilanga and Mpulungu By-elections on the Sabbath will not be considered again.

Madam Chairperson, I also want to mention that the ECZ mobile registration is a total disaster, especially in Chilanga. It is very difficult even for a rocket scientist to predict where this mobile registration is and at what time.

Mr Milupi: It is because it is mobile.

Captain Moono: Madam Chairperson, I have heard advertisements about how one can locate a registration centre even by using a mobile phone, but the majority of the people, particularly in my constituency, do not own these gadgets due to their low income levels, as most of them, as you are aware, are farm workers.

Madam Chairperson, I also want to urge the ECZ to liaise with the Ministry of Home Affairs so that the replacement of NRCs, especially for adults who have lost them, is made easier. Many people have either an NRC or a voter’s card, but not both. The NRCs are difficult to get because the police are demanding K25,000 for a police report  and most people do not have this kind of money.

Madam Chairperson, I am aware that the ECZ also hired some companies to announce the electoral exercise well-ahead of the registration team. However, in most cases, these people just got the money and are at home without announcing. There is a need to check on these people who got the tender to publicise the electoral exercise so that many people are made aware of it.

Madam Chairperson, I would like to put forth my fears on the proposed electoral law which stipulates that campaigns should stop two days before the voting day. However, these days, campaigns are conducted even on the voting day. So, this law only disadvantages the Opposition because it is normally us on whom the police use short batons.


Captain Moono: Madam Chairperson, I have never heard of a short baton being used on a Movement for Multi-party Democracy (MMD) cadre. Yesterday, the order by the hon. Mr Speaker for the MMD cadres who were insulting outside to be arrested was a good example. I would like to know which gate they used and in which cells they are detained.


Mr Sichilima: On a point of order, Madam Chairperson.

The Chairperson: A point of order is raised.

Mr Sichilima: Madam Chairperson, I did not wish to interrupt the new entrant to Parliament, but I rise on a point of order over two serious issues. The first one is that the hon. Mr Speaker did not order that the MMD cadres be arrested and this is on record.

Hon. Opposition Members: What did he say?

Mr Sichilima: Secondly, is the hon. Member on the Floor in order to mislead the nation that it is only their cadres in the United Party for National Development (UPND) Patriotic Front (PF)  or pact– I do not know them well since they are at the exit …


The Chairperson: Order! 

Let me guide that there is no pact in this House and the point has been made very clear. There is no pact even if hon. Members keep referring to it. What we have here is the PF, UPND, MMD, Alliance for Democracy and Development (ADD) …

Mr Milupi: Hear, hear!


The Chairperson: …United Liberal Party (ULP), United National Independence Party (UNIP), Forum for Democracy and Development (FDD), National Democratic Focus (NDF) and independents. Therefore, we should forget about the pact here. You can talk about it out there.

You may continue raising your point of order.

Mr Sichilima: Madam Chairperson, I thank you for your timely guidance. In this case, I will refer to the UPND, whose hon. Member is saying that the police only use short batons on their cadres. Another issue is that he is not debating the budget of the ECZ. I need your serious ruling.

The Chairperson: First of all, I will caution the House that when a ruling is made by the Speaker or, indeed, the Chairperson, that matter is not to be revived for debate.

On the issue of misleading the nation on whom short batons are used, the hon. Member who has raised the point of order has debated that point adequately by stating the position that he knows.

With regard to the issue of debating the budget or just some political understanding of the ECZ, I gave an opportunity to one more hon. Member and it seems like we are all going in the same direction and, therefore, the Chair has made a decision that the hon. Member may finish his debate on the ECZ budget, if he can.

Captain Moono: Madam Chairperson, I am concerned that an hon. Deputy Minister in the …


The Chairperson: Order! 

You should just continue with your debate because the ruling has been made and you cannot make another one. 

Continue with your debate.

Captain Moono: Madam Chairperson, I will spare him as advised.


The Chairperson: Order!

Captain Moono: Madam Chairperson …

The Chairperson: Order!  

Hon. Member, when a ruling is made, you simply stand up and continue with your debate. Do not refer to those you are going to spare because that is done by the Chair. 

Continue with your debate.

Captain Moono: Madam Chairperson, the ECZ can reduce the tension and petitions by putting certain measures in place. For instance, if one is not satisfied with the results of the poll and they lodge a complaint at the totalling centre, the ECZ should allow the presiding officer to recount the votes in the presence of the concerned parties.


Captain Moono: The idea of referring matters to the courts of law by the totalling centre is not only a waste of our resources, but also increases tension even where it is not necessary. I have gone through …

The Chairperson: Order!

 Hon. Member, when you discuss things to do with the law, you have to state whether it is the law or the actions of the ECZ you are referring to. Everything to do with the law was put in place by this House. So, as you discuss, state clearly when you are talking about the law and its enforcement.

 You may continue.


Captain Moono: Madam Chairperson, I am grateful for your advice. 

I would be failing in my duties if I did not make reference to the alleged nine supporters who are supposed to go to the nomination centres. These nine supporters plus the candidate and election agents are the ones who are being attacked at nomination centres by our friends from the other side. 

Hon. Government Members: Aah!

Captain Moono: Madam Chairperson, I want this issue to be seriously looked into. The Government should not trivialise it because the people on this side are not capable of retaliating. We have to look at these issues very seriously and as mature people because we cherish our peace.

Hon. Opposition Members: Yes.

Captain Moono: Madam Chairperson, I am worried about printing ballot papers locally because of security reasons. 


Captain Moono: Madam Chairperson, I am one of the few in this House who were privileged to go to Durban and witness the printing of ballot papers. Currently, in Zambia, there is no company which has security features and systems in place which can undertake the printing of ballot papers. Democracy is very expensive and we should realise that. This Government will be contradicting itself if it espouses the idea of empowering the local printers because in many areas of the economy, even in farming, this Government prefers foreign investors. I would be very worried to hear that now they want to empower a local investor to print ballot papers. This would bring a lot of conflicts and suspicions because, at the moment, we know the companies which are capable of printing these ballot papers and they are quasi-Government. This Government remains guilty of rigging and, therefore, doing so would be highly suspicious.


Captain Moono: Madam Chairperson, …

The Chairperson: Order! 

I think that we know the issues we deal with. For issues that are truly to do with illegalities that happened out there, there is a place to go because we will not adjudicate over allegations of illegalities. Therefore, if there are people guilty of rigging, I think that is an offence under the law and they must be taken to the right place which is the Judiciary. Therefore, let us know what our borders are regarding what we can discuss and find answers to here.

May you continue hon. Member.

Captain Moono: Madam Chairperson, I also would like to inform the House that the money allocated to the ECZ in this Budget is inadequate in the sense that there are issues which are still not clear. The registration of voters exercise is not getting the intended results, as witnessed by the by-elections that have taken place recently. There is a low turnout because people are not registered.

Hon. Government Members: Aah!

Captain Moono: Madam Chairperson, there are other proposals to delimit the wards and constituencies. To undertake this exercise, we will require a lot of money, including for this House. Therefore, to undertake a successful election is a very expensive venture. I know that most of the time, the Government will make a budget, but thereafter, it will come up with a supplementary budget. We do not need supplementary budgets because the Government has a duty to ensure that it utilises resources as approved by this House. If you start bringing supplementary budgets to this House, then you are making this House a rubberstamp.

Hon. Government Members: Aah!

Captain Moono: Madam Chairperson, the ECZ also needs to have resources allocated to conflict management during elections. Currently, we could reduce a lot of petitions, if enough resources were provided to empower the ECZ to resolve conflicts at source during elections. 

Madam Chairperson, I can see excitement on the other side as I debate, …

Hon. Government Members: Aah!

Captain Moono: … but time will come when they will be here in 2011 and we will be on that side.

Hon. Government Members: Aah!

Captain Moono: Madam Chairperson, we will see whether they will trivialise issues of elections. Democracy is very expensive and cost saving measures …

Mr Mulyata: On a point of order, Madam Chairperson.

The Chairperson: A point of order is raised.

Mr Mulyata: Madam Chairperson, is the hon. Member of Parliament for Chilanga, who has just reported to this House, …

Hon. Government Members: Hear, hear!

Mr Mulyata: … in order to say he is seeing a lot of excitement on this side, and yet, he is annoying this side by the manner he is debating? Is he in order to say we are excited when we are very annoyed with him? I need your serious ruling, Madam Chairperson.


The Chairperson: Order! 

I think that firstly, the House does not allow annoyance  …


The Chairperson: … and even excitement ought to be controlled. Basically, that is not a big issue.

May the hon. Member continue, please.

Captain Moono: Madam Chairperson, I am very happy that you have allowed me to continue to debate the ECZ which is actually the basis on which all of us are here.


Captain Moono: Madam Chairperson, I was talking of conflict management. Conflict management involves taking projects to a constituency where a by-election is taking place. Where were you all this time? You know these roads exist and that there is a flood, but immediately there is a by-election, you run in there to grade a road and you do not even do a proper job. This is wrong. A wrong is a wrong. A constituency which is undergoing a by-election is not the only constituency that needs projects. Why are projects only targeted at constituencies where there are by-elections?

Madam Chairperson, I will remain here because I am sponsored by UPND/PF. Those who think they want to go to the other side, let them do so and cross the Floor. We will meet in the constituencies.

Mr Muyanda: Yes.

Captain Moono: There is no need to pretend to be here when your thinking is on the other side.

Hon. Opposition Member: Hear, hear!

Captain Moono: Madam Chairperson, as leaders, we should be predictable and straightforward.

Hon. Opposition Member: Hear, hear!

Captain Moono: Madam Chairperson, it is this kind of attitude that costs this country a lot of money due to by-elections because of belonging to two different camps at one goal.


Captain Moono: Mr Chairperson, for my friends on this side, I want to advise them that it is not easy to get power. You have to be resilient, strong, patient and straight.

The Chairperson: Order!


The Chairperson: Order! 

I think that we are crossing the line. The issue under discussion is ECZ and not hon. Members of Parliament. I gave guidance yesterday on how hon. Members must debate. Therefore, if the hon. Member does not yield to this guidance, then, he may not have any more things to say. You do not debate others in such a manner. So, debate the ECZ.

You may continue.

Captain Moono: Madam Chairperson, I am grateful for the opportunity you gave me.

I thank you.

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

The Minister of Finance and National Planning (Dr Musokotwane): Madam Chairperson, I thank you for the opportunity to wind up debate on this Vote. I detect general support for this Vote from the House, for which I am extremely grateful. It is very important that this House continues to have overwhelming support for the ECZ because this institution plays a very important role in the continued stability of this country. Zambia has continued to enjoy peace and stability because elections that are conducted in this country are always credible, free and fair.


Dr Musokotwane: Madam Chairperson, I think there is no doubt about the fact that the ECZ is one of the electoral institutions that are considered in very high esteem in the whole of Africa. If I recall well, the 2008 Presidential By-Election was seen overwhelmingly as an election that was free and fair. So, we have to commend the ECZ for this and continue supporting it.

Madam Chairperson, my only other comment is that somebody here raised questions about the independence of the personnel in ECZ. However, I am very happy that as the debate went on, many hon. Members of the House on both sides came to the defence of the ECZ personnel, including its commissioners, as human beings who are very decent, professional and committed to delivering free and fair elections to our country. So, I am very happy that they were defended. 

Madam Speaker, as I wind up this debate, I just want to point out something that we should, in fact, all be worried about. I recall the late hon. Member of Parliament, Hon Tetamashimba, standing up in this House and laying a document on the Table which was actually the constitution of the PF. In this constitution, he highlighted a very important item which is that, in the event that the PF won the elections, all the important positions in the country would be held by its party cadres.


Dr Musokotwane: So, if the PF was to come into power, all the important positions ─  and I would assume that this includes those of ECZ Commissioner and all other staff because these are all very important positions ─ would be filled by PF party cadres.


Dr Musokotwane: If that happened, clearly the credibility of elections in this country would become questionable.

Hon. Government Members: Hear, hear!

Dr Musokotwane: Therefore, I think it is in the interest of this country to prevent such an occurrence from taking place so that we keep the credible and professional men and women in the system who will continue giving this country free and fair elections.


Dr Musokotwane: Madam Chairperson, the document I am talking about was laid on the Table and, therefore, those who dispute what I am saying can  read for themselves the PF constitution which clearly states that all the important positions would be filled by party cadres. Once again, I thank the House for the support which it has given this Vote.

I thank you, Madam Chairperson.

Hon. Government Members: Hear, hear!

VOTE 05/01 – (Electoral Commission – Headquarters – K282,763,088,718).

Mr Lubinda (Kabwata): Madam Chairperson, I have a number of questions. My first query is on page 20, Programme 6 – Utilities – K582,000,000. Can I get clarification why the Government is proposing a reduction in the allocation for electricity from K35 million this year to K24 million next year. Similarly, why is the allocation for water supplies being reduced from K73 million to only K18 million in 2011? What are the reasons for those huge reductions?

Madam Chairperson, while I still have the Floor, I also seek clarification on page 21, Programme 8 – Electoral and General Legislation – K51,040,00. For my information and, maybe, others in this House and the people listening to us out there, can the hon. Minister, please, explain what Activity 01 – Review of and Harmonisation of LGE and Electoral Acts – K36,740,000 is for. 

Finally, on the same page, may I have clarification on Programme 8, Activity 02 – 2011 Tripartite Elections– K200,000,000,000, for which the hon. Minister is proposing an allocation of K200 billion. Can I find out why he anticipates that the elections of 2011 should cost less than the tripartite elections held in 2006 for which this House allocated K222 billion. Given inflation, the growing number of voters and so on and so forth, how come he is reducing rather than asking for an increase over and above what we allocated and was expended in 2006?

Dr Musokotwane: Madam Chairperson, regarding utilities, this is the assessed requirement at the moment to finance water and electricity supply in light of the prevailing circumstances. The ECZ has its own borehole and, therefore, this has helped reduce the finances required to pay for water supply, and hence that allocation.
Madam Chairperson, as regards the amount for conducting elections, we have to remind ourselves that the situations under which polls are carried out are very dynamic but, for now, this is the amount that has been assessed to be adequate. Should there be any need to revise it, we will come back and ask for a revision as permitted by the laws of this country.  As for Programme 8, Activity 01 – Review of and Harmonisation of LGE and Electoral Acts – K36,740,000, on page 21, LGE refers to local government elections. So this activity is meant to harmonise the holding of the local government elections in line with  the Electoral Acts.

Hon. Government Members: Hear, hear!

Mr Milupi: Madam Chairperson, may I have clarification on Unit 7, Programme 08 – Elections – (PRP), Activity 04 – Delimitation of Constituency and Ward Boundaries – Nil. There is no money that has been allocated for this project. In view of what has been proposed in the Constitution, is the number of constituencies going to be increased? Is not allocating any amounts to this line an indication that this Government has no intention of putting in place a new constitution before the 2011 elections?

The Chairperson: Generally, this is a point of clarification because some issues should be captured in the debate, but I will allow the question.

Dr Musokotwane: Madam Chairperson, obviously, there is no final decision yet on the issue with regard to increasing the constituencies, wards and so on and so forth. So, in light of this, with no hard and fast decisions made, it was difficult to put any amount.

Thank you, Madam.

Vote 05/01 ordered to stand part of the Estimates.

Hon. Government Members: Hear, hear!

The Chairperson: As we move to the next item, I wish to inform the House that we shall deal with three heads consolidated, that is, Head 11 – Zambia Police – Ministry of Home Affairs, Head 15 – Ministry of Home Affairs and Head 16 – Drug Enforcement Commission. All these will be debated together in the general policy debate.

VOTE 11 – (Zambia Police – K630,567,910,015); VOTE 15 – (Ministry of Home Affairs – K209,097,136,276); and VOTE 16 – (Drug Enforcement Commission – K24,942,241,344).

Mr Lungu: Madam Chairperson, I thank you for according me this opportunity to present the Ministry of Home Affairs’ 2011 Budget. 

Allow me to preface my speech on the budget estimates for the Zambia Police, Ministry of Home Affairs – Headquarters and the Drug Enforcement Commission by congratulating the hon. Minister of Finance and National Planning, Dr Musokotwane, on presenting to this august House a good 2011 Budget .

Hon. Government Member: Hear, hear!

Mr Lungu: Madam Chairperson, the Ministry of Home Affairs is mandated with the responsibility of ensuring that an accountable and transparent internal security system is effectively and efficiently maintained in order to create an environment in which peace, stability and justice prevail for sustainable, social and economic development for the people of Zambia.

Hon. Government Member: Hear, hear!

Mr Lungu: Madam Chairperson, the Ministry of Home Affairs comprises the following departments:

    (i)    the Zambia Police Force;

    (ii)    the Zambia Prisons Service;

    (iii)    the Drug Enforcement Commission (DEC);

    (iv)    Immigration Department;

(iv)    the Department of National Registration, Passports and   

    (vi)     the National Archives of Zambia;

    (vi)    Commission for Refugees;

    (vii)    Police Public Complaints Authority;

    (viii)    Registrar of Societies;

    (ix)    Home Affairs Research and Information Department.

Madam Chairperson, the Ministry of Home Affairs ensures that the law of the land is upheld such that criminal and anti-social activities are kept at their lowest level.

The Zambia Police Force

Madam Chairperson, the Zambia Police Force is mandated to prevent crime in order to enhance economic and national stability. The mandate is fulfilled by carrying out the following core functions:

    (i)    maintenance of public safety and order;

    (ii)    prevention of crime and protection of life and property;

    (iii)    detection of crime and prosecution of offenders; and

    (iv)    traffic management.

Madam Chairperson, the Zambia Police Force mission is to provide high quality service by upholding and applying the law fairly and firmly to all.

Madam Chairperson, the Ministry of Home Affairs in the 2011 Budget will address the critical issues using the available resources to improve the performance of the public order and safety sector. Overall, the budgetary allocation to the Zambia Police Force has increased from K535, 815,105, 013 in 2010 to K630,567,910,015 in 2011. 

The 2011 Budget covers the following activities among others:

Personal Emoluments

There has been an increase in personal emoluments from K401, 636, 809, 232.00 in 2010 to K485,504,423,000.00 in 2011, thereby creating an increase of K83, 867,613,768. This was due to the 15 per cent salary increment that the Government awarded to civil servants and the upgrading of salary scales. 

Internal and External Operations

Madam Speaker, the allocation to this activity has increased in all the divisions in 2011. This is in order to meet the costs of the planned meetings of the Southern Africa Development Community, Southern Africa Regional Police Chief’s Co-operation (SADC-SARPCCO), the International Criminal Police Organisation (Interpol), Joint Commission of Defence and Security (JPCDS), Joint Bilateral and Central Joint Operations Committee (CJOC) and anti-terrorism and organised crime syndicate operations.

Public Order Maintenance

The amount allocated to this activity has been adjusted upwards in all the divisions. The increase is due to the expected rise in the demand for public order maintenance as Zambia will hold tripartite elections in 2011. 

Infrastructure Development

There has been an increase of K12.6 billion towards the construction of a forensic laboratory in order to commence the first phase of the actual construction of the laboratory building. Other new activities that will be introduced include the construction of police stations and a maternity wing at the Sikanze Police Hospital which have been allocated K9 billion and K1 billion respectively.

As regards the construction of houses, K10 billion has been allocated to facilitate the completion of the remaining works on the houses.

Poverty reduction Programmes

Madam Chairperson, an allocation of K895,600,765,000 has been made available for the electrification of Shan’gombo Police Camp and K681,452,132 has been allocated to Lilayi Police College for the rehabilitation of a water and sewerage system. 

The allocation towards the metering of police camps has been increased by K350 million in order to properly wire more police camps so that the Zambia Electricity Supply Corporation (ZESCO) can install the prepaid meters.

  Madam Chairperson, in order to improve operations of police stations, station imprest has been increased in all the divisions. In addition, station imprest has been introduced at protective and mobile units.

Procurement of Commodities, Uniforms and Riot Equipment

Madam Chairperson, procurement of commodities, uniforms and riot equipment has been increased from K3.5 billion to K3.8 billion. Outstanding bills for uniforms and commodities have also been doubled from K1 billion to K2 billion, respectively. This is to allow for the liquidation of the debt owed to suppliers. Procurement of bullet proof vests has been combined with procurement of water cannons to form a new activity called procurement of riot equipment which has been allocated K2.2 billion in the 2011 Budget compared to K1,577,079,168 allocated in 2010.

For utilities

Madam Chairperson, the allocation towards payment of electricity and water bills has reduced at the Police Headquarters in the 2011 Budget Estimates. This is because these activities have been decentralised to divisions. The allocation towards rent outstanding bills has been increased from K500 million in 2010 to K3 billion in 2011. This is to enable the Zambia Police Force reduce the huge outstanding bills on rentals. It should be noted, however, that the increase falls short of the requirement because it is being determined by the size of the resource basket.

Madam Chairperson, the total budget allocated to Head 15 for 2011 is K209,097,136,276.00 compared to the 2010 Budget which was K247,856,741,144.00. There has been a reduction in the 2011 Budget of K38,759,604,868, partly due to the creation of Head 16 for DEC and the downward adjustment of the mobile registration allocation.

It was felt necessary to create Head 16 for DEC because of the nature of its operations. Head 16 has, therefore, been allocated K24,942,241,344.00. The allocation for mobile registration was reduced because most of the areas were covered this year.

In order to effectively carry out its mandate, the following major programmes will be undertaken in 2011:

Maintenance of Law and Order

(i)    crime prevention;

(ii)    investigations;

(iii)    operations and border management; and

(iv)    a joint permanent commission on peace and security.

Infrastructure Development

Madam Chairperson, with regard to infrastructure development in 2011, the Ministry of Home Affairs will undertake the following projects under prison infrastructure development at a cost of K17.7 billion:

(i)    completion of Mwembeshi Prison;

(ii)    rehabilitation of Livingstone State Prison;

(iii)    completion of Luwingu Prison;

(iv)    construction of houses;

(v)    rehabilitation of prisons;

(vi)    completion of Kalabo Prison;

(vii)    sinking of boreholes in a number of prisons; and 

(viii)    construction of a maize storage shed in Chipata.

Madam Chairperson, a further K3 billion has been allocated for the procurement of an industrial hammer mill and procurement of centre pivots. The hammer mill will assist in reducing the expenditure on mealie-meal which is provided to prisons countrywide.

The ministry will also construct a National Registration Office in Chililabombwe, rehabilitate Mwinilunga National Registration Office and the National Registration Headquarters at a cost of K3.3 billion.

Further, the ministry will continue with the construction of a drug rehabilitation centre in Lusaka. Two offices will be constructed in Ndola and Kabwe while the construction of houses for DEC in Chipata at a cost of K4.5 billion will commence. 

Madam Chairperson, in addition, the ministry will continue with the construction of seven border controls and commence the construction of three border controls, Immigration Headquarter offices and a complex to house the Ministry of Home Affairs Headquarters.

Information Management System

Madam Chairperson, the ministry will undertake a number of information management projects that will include the understated:

(a)    digitalisation of NRCs;

(b)    computerisation of registration of societies;

(c)    rollout of the Zambia Immigration Management System; and

(d)    computerisation of records at the National Archives of Zambia.

Integrity Committees

Madam Chairperson, the ministry will come up with integrity committees in different Government departments to sensitise officers on corruption issues. This is among the other efforts the ministry is making to ensure that its officers are not involved in corruption.

Drug Enforcement Commission

Madam Chairperson, in relation to Vote 16, the DEC was established in 1989 by an Act of Parliament in response to the drug scourge that emerged in the 1980s. DEC has the mandate to eradicate drug trafficking, drug abuse and money laundering in accordance with the Narcotic Drugs and Psychotropic Substances Act, Cap. 96 of the Laws of Zambia and the Prohibition and Prevention of Money Laundering Act, 2001.

Madam Chairperson, the mission statement for the DEC is as follows:

“To effectively and efficiently control and prevent the illegal production, trafficking and abuse of narcotic drugs, psychotropic substances, money laundering and to provide rehabilitation services to drug dependent persons in order to contribute to the socio-economic development, and maintenance of internal peace.

Madam Chairperson, in order to realise this goal, DEC is divided into four wings/units:

(a)    Drug Interdiction;

(b)    Drug Demand Reduction;

(c)    Anti-Money Laundering Investigations Unit; and

(d)    Administration.

Madam Chairperson, since 1989, the budget for DEC had been under the line of the Ministry of Home Affairs. However, from the 2011 Financial Year onward, DEC will operate under Vote 16. This development will enable DEC to address some of its challenges.

Madam Chairperson, the total budget allocation to Vote 16 for 2011 is K24,942,241,346 compared to the allocation in the 2010 Budget which was K20,433,000,790. There has been an increase in the 2011 Budget of K4,509,240,556 partly due to new activities such as human trafficking.

Madam Chairperson, in order to effectively carry out this mandate, the following major programmes will be undertaken in 2011:

(a)    maintenance of law and order;

(b)    identification and investigation of drug syndicates;

(c)    joint permanent commissions on peace and security,

(d)    community awareness and sensitisation; and 

(e)    anti-money laundering investigations.

Madam Chairperson, in conclusion, I wish to appeal to hon. Members of the House to support the Estimates of Revenue and Expenditure for the Ministry of Home Affairs, the Zambia Police Force and DEC so that the nation continues to maintain law and order.

I thank you, Madam Chairperson. 

Hon. Government Members: Hear, hear! 

Mr Chongo (Mwense): Madam Chairperson, thank you for according me this opportunity …

Madam Deputy Chairperson: Order!

(Debate adjourned)


The House adjourned at 1255 hours until 1430 hours on Tuesday, 2nd November, 2010.