DAILY PARLIAMENTARY DEBATES FOR THE FOURTH SESSION OF THE TENTH ASSEMBLY

Friday, 6th August, 2010

The House met at 0900 hours

[MADAM DEPUTY SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

________

REPRIMAND OF MESSRS ANTONIO MWANZA AND STANFORD KABWATA 

Madam Deputy Speaker: I order, Messrs Antonio Mwanza and Stanford Kabwata to stand behind the Bar of the House. 

Mr Antonio Mwanza and Mr Stanford Kabwata were escorted to the Bar by the Sergeant-At-Arms.

Madam Deputy Speaker: I also instruct the Sergeant-At-Arms to take the Speaker’s mace and stand behind the duo.

Hon. Members, will recall that on Tuesday, 23rd February, 2010, when the House was considering Question for Oral Answer Number 245 and the Hon Member for Mfuwe Parliamentary Constituency, Mr Mwimba H. Malama, MP, was asking a Supplementary Question, the Hon Member of Parliament for Munali Parliamentary Constituency, Mrs Josephine C.  Mumbi-Phiri, MP, raised the following Point of Order:

“Madam Speaker, I rise on a very serious point of order. It is common knowledge that Hon Members of Parliament have been punished before for discussing issues which concern this House outside.  The Chief Whip usually takes these issues to the Committee on Privileges, Absences and Support Services.  Therefore, I would like to find out what he will do about what happened about a month ago.  Two outsiders went to Muvi Television to disparage and cast serious aspersions on the Hon. Mr Speaker.  Is the Chief Whip in order to keep quiet when the hon.  Mr Speaker’s name has been brought into disrepute?’

In her immediate remarks, the Hon. Madam Deputy Speaker stated as follows:

“The issue raised in the point of order sounds a little difficult for the Chair to follow. That being the case, the Chair will wait to get a little more understanding of those disparaging remarks against the hon. Mr Speaker. I think that is what I will say for now. I will see whether there is merit in the point of order. Then, I will come back and guide the House."

The House may wish to know that, in order to assist the Hon. Madam Deputy Speaker make an appropriate ruling, the Office of the Clerk of the National Assembly wrote to Mrs Josephine C. Mumbi-Phiri, MP, requesting her to provide the following information for the purpose of clarifying her point of order:

(i)    the identity of the two outsiders referred to in her point of order;

(ii)    the title of the MUVI Television programme which hosted the two outsiders; and 

(iii)    the date on which the alleged programme was aired to the public.  

The Hon. Member’s letter of response reads as follows:

    “Dear Madam,

MY POINT OF ORDER ON THE FLOOR OF THE HOUSE ON TUESDAY, 23 FEBRUARY, 2010

I wish to acknowledge with thanks receipt of your letter dated 2nd March, 2010 on the above-captioned matter and wish to advise as follows:

(i)    the identity of the two outsiders on the MUVI Television 
programme were Messrs Antonio Mwanza and Stanford Kabwata;

(ii)    the title of the MUVI Television programme, which hosted the 
two outsiders, is the “Hot Issue” Programme;  and

(iii)    unfortunately, I am not in a position to remember the actual date the programme was aired to the public.

I hope this information will assist the Office of the Clerk of the National Assembly in its consideration of the matter.

Yours faithfully

J. C.  Mumbi-Phiri, MP
Member of Parliament for Munali.”

The House may wish to note that the Office of the Clerk of the National Assembly also wrote to MUVI Television, requesting for a copy of the video recording of the “Hot Issue” Programme that hosted the duo.  In response, MUVI Television provided the Office of the Clerk of the National Assembly with a copy of the video recording of the programme in question. 

Hon Members, accordingly, the matter was referred to the Committee on Privileges, Absences and Support Services for further consideration. Hon V. J. Mwaanga, MP, and Mrs Josephine C. Mumbi-Phiri, MP, were accorded the opportunity to appear before the Committee to orally present their submissions on the matter.  

In their deliberations, the Committee observed that the point of order by Mrs Josephine C. Mumbi-Phiri, MP, against the Chief Whip, Hon. V. J. Mwaanga, MP, raises the question of, “Who has the duty to raise issues of breach of Parliamentary Privileges by outsiders?” 

M. N. Kaul and S. L. Shakdher, in their book, entitled “Practice and Procedure of Parliament, Sixth Edition, on pages 219 to 220 state that:

“In Parliamentary language, the term privilege applies to certain rights and immunities enjoyed by each House of Parliament and committees of each House collectively and by members of each House individually. The object of parliamentary privileges is to safeguard the freedom, authority and dignity of Parliament. Privileges are necessary for the proper exercise of the functions entrusted to Parliament by the Constitution. They are enjoyed by individual members, because the House cannot perform its functions without unimpeded use of the services of its members and by each House collectively for the protection of its members and the vindication of its own authority and dignity.

Each House is a guardian of its own privileges. It is not only the sole judge of any matter that may arise which, in any way, infringes upon those privileges but can, if it deems it advisable, punish any person whom it considers to be guilty of contempt”

The same authors, in the same book, further state, at pages 980-981, that:

“Any member can and should invite the Speaker’s immediate attention to any instance of what he considers a breach of order or transgression of any law of the House, written or unwritten, which the Chair has failed to perceive and he may also seek the guidance and assistance of the Chair in respect of any obscurities in procedure.”

Furthermore, Standing Order 27 of the National Assembly Standing Orders 2005 provides that:

“An urgent motion directly concerning the privileges of the Assembly shall take precedence over other motions as well as of orders of the day.”

Hon Members, in line with the foregoing authorities, the Committee found that all Members of Parliament are, individually and, collectively, custodians of the privileges of the House. In view of this position, it is the duty of every Member to uphold the dignity and authority of the House by bringing to the attention of the Chair any instance that may be considered a breach of privileges. The Committee, therefore, established that Mr V. J Mwaanga, MP, did not breach any parliamentary privileges by failing to draw the attention of the Chair to the alleged breach of privileges by the two outsiders. There was no proof that Hon V. J Mwaanga, MP, had watched the “Hot Issue” Programme and, as such, may not have been aware of the breach. Therefore, the Point of Order was misdirected against him.

The House may, however, wish to know that upon viewing the video recording of the programme in question, the Committee found that Messrs Antonio Mwanza and Stanford Kabwata made disparaging remarks against the Hon Mr Speaker and, therefore, established a prima facie case of breach of privilege and contempt of the House against Messrs Antonio Mwanza and Stanford Kabwata.

In line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Committee directed the Office of the Clerk of the National Assembly to write to Messrs Antonio Mwanza and Stanford Kabwata in order to formally charge them with breach of parliamentary privilege and contempt of the House and, to accord them an opportunity to exculpate themselves from the allegations leveled against them. The following were their responses:

1.    RESPONSE FROM MR ANTONIO MWANZA 

    “Dear Sir

BREACH OF PARLIAMENTARY PRIVILEGES AND CONTEMPT OF THE HOUSE LEVELLED AGAINST MYSELF

    The above subject referred.

I hereby acknowledge receipt of your letter addressed to me dated 28th July, 2010. I wish in reference to note the following in response:

(i)    Your letter does not give or show any specific words considered disrespectful towards the Speaker or, indeed, the House that are allegedly attributed to me by your esteemed Committee.

(ii)    Your letter does not give or show any specific act allegedly attributed to me that shows intentional disrespect to or with reference to the proceedings of the National Assembly or to any person presiding at such proceedings.

I, therefore, find it extremely difficult to defend myself since the so- called disrespectful speech and acts have not been specified.
However, I wish to thank the Committee for according me the chance to appear before it and clarify any issues relating to this matter.

I will, therefore, gladly avail myself before the Committee on the stated time and date.

Yours faithfully

Antonio Mwanza”

2.    RESPONSE FROM MR STANFORD KABWATA

    “Dear Sir

BREACH OF PARLIAMENTARY PRIVILEGES AND CONTEMPT OF THE HOUSE LEVELLED AGAINST MYSELF

    The above subject referred.

I hereby acknowledge receipt of your letter addressed to me dated 28th July, 2010. I wish in reference to note the following in response:

(i)    Your letter does not give or show any specific words considered disrespectful towards the Speaker or indeed the House that are allegedly attributed to me by your esteemed Committee.

(ii)    Your letter does not give or show any specific act allegedly attributed to me that shows intentional disrespect to or with reference to the proceedings of the National Assembly or to any person presiding at such proceedings.

I, therefore, find it extremely difficult to defend myself since the so-called disrespectful speech and acts have not been specified.

However, I wish to thank the Committee for according me the chance to appear before it and clarify any issues relating to this matter.

I will, therefore, gladly avail myself before the Committee on the stated time and date.

Yours faithfully
Kabwata D. Stanford”

Some of the alleged disparaging words from the video tape that was viewed by the Committee were as follows:

(i)    Mr Stanford Kabwata: I would like to come in where the lawyer here is saying that the Speaker and the late Ben Tetamashimba made a Motion in Parliament, a point of order and the Speaker made a ruling. Now, you are talking about a man who has consistently, persistently, continuously made mistakes in the Parliament. The Speaker of the National Assembly is an accomplice to this. That is where people like Given Lubinda, Gerry Chanda, Mumbi-Phiri and others are hiding. They are benefiting from the incompetence and the misgivings of the Speaker …

Interruptions

Madam Deputy Speaker: Order! 

The hon. Members will control themselves. They will laugh or get angry later. 

Laughter

Madam Deputy Speaker: 

… of the National Assembly. He is also an accomplice.

(ii)    Mr Stanford Kabwata: I have noted that one. I will not dwell so much on that one. Now, what I am saying is that the Speaker has been very inconsistent in the way he handles matters. You remember in 2001 that the Speaker failed to call Parliament when MPs had petitioned FTJ for impeachment. Those FDD Members of Parliament who were expelled, you remember very well, because they joined Mr Mwanawasa’s Government. Since they were appointed, the Speaker could not make a ruling on that matter. And now you expelled some Members of Parliament from Patriotic Front and the Speaker did not make a ruling. Now, the composition of the NCC is very clear.  Part IV (1) (a): All Members of Parliament shall be all Members of the National Assembly. National Assembly includes the Speaker himself and he is not attending the NCC. He is also an accomplice to this. So, you cannot ask a man who is making a mistake to defend you, or a man who is in a wrong position by saying, ‘I am hiding in that man’. How can you do that? We are challenging also the locus standi.

(ii)    Mr Stanford Kabwata: Yes, because we have realised that those Members of Parliament who are not sitting at the NCC are hiding in a very shallow well …

Laughter

Madam Deputy Speaker: Order!

(iv)    Mr Antonio Mwanza: … and the issue of the Speaker of the National Assembly not acting or ruling is very interesting. I hear comrade Wynter Kabimba here is talking about the Speaker of the National Assembly. His President, Michael Sata, unless he does not know,  was condemning the Speaker that he has destroyed democracy. So which Speaker are they relying upon? The Speaker is in breach of the same law and we are taking on the Speaker. Right now, we will use this platform to ask the Speaker to exculpate himself by resigning …”

Laughter

Mr Kambwili: Question!

Laughter

Madam Deputy Speaker: Order!

Hon Members, in accordance with the following authorities, it is an offence for any person to cast aspersions on the hon. Mr Speaker.  

S. L. Shakdher and M. N. Kaul, in their book entitled Practice and Procedure of Parliament, sixth edition, on page 294, state that:

“The office of the Speaker is a constitutional office and enjoys exalted status in our democratic set up. Once he or she is elected to office, he or she, while conducting the House, acts in a totally impartial manner. Impartiality is, therefore, an integral attribute vis-à-vis the office of the Speaker, hence reflections on the character and impartiality of the Speaker in the discharge of his duties as Speaker of the House have been held to constitute a breach of privilege and contempt of the House.”

Further, section 19 (d) and (e) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia protects the dignity of the House and the Speaker.  It provides that:

“19. Any person shall be guilty of an offence who –

(d)    shows disrespect in speech or manner towards the Speaker; or
(e)    commits any other act of intentional disrespect to or with reference to the proceedings of the Assembly or to any person presiding at such proceedings.”

Furthermore, in the case of Dingiswayo Banda, former hon. Member of Parliament for Lundazi Parliamentary Constituency in which the hon. Member challenged the decision of the Speaker outside the House, it was ruled that:

“… the statement as summarised, was a clear attack on the hon. Mr Speaker’s impartiality and that, according to section 19(d) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, the hon. Member was guilty of an offence.  It was a breach of privilege to reflect upon the impartiality of the Speaker or upon his character and conduct, whether inside or outside the House …”

After receiving oral and written submissions from the duo, the Committee established that the utterances made by Messrs Antonio Mwanza and Stanford Kabwata were disrespectful to the Speaker and amounted to an affront on his authority which is a breach of privilege and contempt of the House. 

The House may further wish to know that upon realising the seriousness of the allegations against him, Mr Stanford Kabwata unreservedly apologised to the Committee for his utterances.  However, Mr Antonio Mwanza showed no remorse for his utterances.  In this regard, the Committee on Privileges, Absences and Support Services resolved to admonish Mr Stanford Kabwata and to reprimand Mr Antonio Mwanza in accordance with section 28(3) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia which state that:

“28(3) If any person not being a member commits a contempt, whether specified in section nineteen or otherwise, the Assembly may, by resolution, direct that the Speaker shall order such a person to appear before the Assembly and that he or she shall, upon such attendance, reprimand him or her at the Bar of the House.

I now turn to address you, Mr Stanford Kabwata. 

Mr Stanford Kabwata, the House is extremely displeased with your utterances against the Hon. Mr Speaker and the House in general. As a citizen of this country, you ought to be aware that the Office of Speaker is a constitutional office whose holder is elected by the people’s representatives. The Office of Speaker is one of the cornerstones of democracy and, as such, deserves respect not only from hon. Members of this House, but also from the general public. While it is appreciated that divergent views are allowed in a democratic state like ours, they should not be expressed in a disrespectful manner. There are appropriate established procedures through which members of the public may interact with the National Assembly. These include petitioning the House. 

Mr Kabwata, I have to inform you that in making their decision, the Committee took into account your unreserved apology and the fact that you were a first offender and did not waste the time of the Committee. I, therefore, strongly admonish you, Mr Kabwata, never to cast aspersions on the Hon. Mr Speaker or the House because doing so amounts to a breach of parliamentary privilege and contempt of the House.  Furthermore, I strongly advise you to farmiliarise yourself with the provisions of the Constitution of Zambia, Cap. 1 of the Laws of Zambia, the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia and the Standing Orders of the House and other documents so that you know how members of the public can interact with their National Assembly.  This will help you to avoid offending the House in the manner you did. 

I now order you Mr Kabwata to unreservedly apologise to the House for your disrespectful, contemptuous remarks and your unruly behaviour.

That means that we will bring a stranger into the House. Since there is no microphone where you are, you will have to move closer to one. Get a little closer to the bar near the microphone on your left. Go on and read your apology.

APOLOGY BY MR STANFORD KABWATA

Mr S. Kabwata: Madam Speaker, I Stanford Kabwata do unreservedly apologise to this august House for the disparaging remarks that I made on a MUVI Television programme entitled ‘Hot Issue’ on 19th January, 2010.

Madam Speaker, I have reflected on my remarks and found them to be disrespectful to the hon. Mr Speaker and, indeed, this august House.

Madam, I have carefully listened to your admonishment and the guidance you have given me. I wish to assure you and this august House that, in future, I shall endeavour to conduct myself in a more respectable manner.

Madam Speaker, I thank you.

Mr Munaile: Start crying now.

Madam Deputy Speaker: I now turn to address Mr Antonio Mwanza.

Mr Antonio Mwanza, the House is extremely displeased with your utterances against the Hon. Mr Speaker and the House in general. In your misguided analysis of issues, you endeavoured to lower the dignity of the Office of Speaker and the House. In your failure to know the privileges and procedures of the House, you, Mr Mwanza, cast aspersions on the hon. Mr Speaker with impunity. You have no mandate to call for the resignation of the Speaker on matters you do not understand. It is clear from your utterances that you do not even understand the role of the Speaker and functions assigned to his office.  Furthermore, your arrogance before the Committee on Privileges, Absences and Support Services is unprecedented. It is my sincere hope that you will, from today, adjust your attitude and approach towards important national matters.

Mrs Phiri:  Hear, hear!

Madam Deputy Speaker: I want to inform you that Parliament has powers under the law to punish any person who violates its privileges.

Mr Mwanza, the Committee found you guilty of breach of parliamentary privileges and gross contempt of the House for making disrespectful and unwarranted utterances against the hon. Mr Speaker during the said Muvi Television programme aired on Tuesday, 19th January, 2010.  Mr Mwanza, in the name and authority of this House, I now reprimand you for gross contempt of the House and breach of its privileges. 

I now order you, Mr Mwanza, to unreservedly apologise to the House for your disrespectful, contemptuous remarks and your unruly behaviour. 

I now order you to make an unreserved apology. Move towards your left closer to the bar and read your apology.

APOLOGY BY MR ANTONIO MWANZA

Mr Mwanza: Madam Speaker, I, Antonio Mwanza, do unreservedly apologise to this august House for the disparaging remarks I made on a Muvi Television programme entitled ‘Hot Issue’ on 19th January, 2010. I have reflected on my remarks and found them to be disrespectful to the hon. Mr Speaker and, indeed, this august House. 

Madam Speaker, I have carefully listened to your reprimand and the guidance you have given me and, accordingly, I wish to assure you and this august House that, in future, I shall endeavour to conduct myself in a more responsible and respectful manner.

I thank you, Madam Speaker.

Interruptions 

Madam Deputy Speaker: Order!

 I now order both of you to leave the Bar through the main door.

Mr Mwanza and Mr Kabwata went out through the main door.

Interruptions 

REPRIMAND OF MR CHISHIMBA KAMBWILI, MP

Madam Deputy Speaker: Order! 

I order you, Mr Chishimba Kambwili, …

Laughter 

Madam Deputy Speaker: Order! 

This is a serious time. I order you, Mr Chishimba Kambwili, hon. Member of Parliament for Roan Parliamentary Constituency, to go and stand behind the Bar of the House.  

Laughter 

Madam Deputy Speaker: I also instruct the Sergeant-At-Arms to take the Speaker’s mace and go and stand behind the hon. Member.

I wish to inform the House that on Friday, 26th March, 2010, the hon. Mr Speaker received a letter of complaint from the hon. Member of Parliament for Matero Parliamentary Constituency, Mrs Faustina B. Sinyangwe, against the hon. Member of Parliament for Roan Parliamentary Constituency, Mr Chishimba Kambwili.

The letter of complaint from Mrs Faustina B. Sinyangwe, MP, reads as follows:

“Dear Sir,

REF: Official Complaint Against Hon. Chishimba Kambwili, hon. Member of Parliament for Roan Constituency for Using Abusive Language in the House On 25th March, 2010.

Hon. Mr Speaker, the above subject matter refers to the following.

“I wish to express my anger and utmost disgust at the uncouth behaviour of hon. Chishimba Kambwili for using very offensive language soon after the vote on the Motion raised by Nkana Member of Parliament, hon. Mwenya Musenge, MP.  

Mr Kambwili, while walking past where we were sitting, said: “Ifibantu fikala kuno ifivota no, fikafume fikaye ikala kulya uko ba vota no, fimbi nifi international sex worker. 

Laughter{mospagebreak}

Madam Deputy Speaker: Translated in English it means “These people who sit at this end, who vote no, should shift from here and go and join those who vote no. Some of them are international sex workers.

“Mr Speaker, I take great exception to this kind of verbal abuse and, indeed, discrimination by Mr Kambwili because hon. Chitika and I are the only women on the other side who voted no to Mr Mwenya Musenge’s Motion on Minerals.  I feel that as a duly elected hon. Member of Parliament, I have a right to debate issues and vote accordingly without any intimidation or abuse of any kind from any quarter and, in any case, it is within my right to hold an opposing view.

“Lastly, hon. Mr Speaker, I feel that people like Mr Kambwili should not be allowed to tarnish the good image of the National Assembly by their crude behaviour.  Hon B. Chella, MP, Hon Chibamba, MP, Hon Simama, MP, Hon. Chimbaka, MP and Hon Chitika, MP, heard these utterances.

“We need your protection, Mr Speaker.  I wish to make an official complaint to you, Mr Speaker, and also seek your intervention.

Yours faithfully

Hon. Faustina B. Sinyangwe, MP
Matero Constituency”

In line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly wrote to Mr Chishimba Kambwili, MP, requesting him to state his side of the story to the complaint against him.  The Hon Member’s letter of response reads as follows:

“Dear Madam

RE: Complaint Against me by Hon Faustina B. Sinyangwe, MP

“I refer to your letter No. NAS/11/17/2. I wish to state that Mrs Sinyangwe’s allegation is baseless, misplaced, a fabrication and an attempt to bring internal political differences/fights to Parliament.

“On this material date, Madam Clerk, just after the vote on the issue at hand, Hon Mwila Davies, Hon Mwango Davis, Hon Mwenya Musenge and I decided to go out of the Chamber and as we were walking out, I did say to them that, “Bonse aba vota no kuno ku side, next year, baka kukile kulya kumbi.”  Meaning in English, that all those who vote no on this side, must move to the other side next year, 2011, and we went out.  I am surprised, Madam, that Hon. Sinyangwe can concoct such a story that I said that some of them are international sex workers.  This is an excellent lie and probably, the greatest joke of the year.

Laughter

Madam Deputy Speaker: “It must be noted that all those who have been listed as witnesses are the so-called rebel, PF MPs …

Interruptions

Madam Deputy Speaker: “… and it appears to me that they want to use and abuse the parliamentary disciplinary procedure to fight internal political wars and discredit me.

“I take very strong exception to be accused of uncouth and crude behaviour by a fellow MP. This calls for an apology.

“This complaint is inordinate, unreasonable, lacks merit and is an abuse of parliamentary procedures and must be dismissed accordingly.

“Finally, Madam, I wish to state that this complaint is nothing, but slander.

Yours faithfully

Kambwili Chishimba, MP
Roan Constituency”

The House may wish to know that the Office of the Clerk also wrote to the hon. Members mentioned as witnesses in the letter of complaint of Mrs Faustina B. Sinyangwe, MP, requesting them to state what they knew on the matter.  The following are the responses received from the witnesses:

1.    Response from Mrs Elizabeth Chitika-Molobeka, MP

“Dear Madam

COMMITTEE ON PRIVILEGES, ABSENCES AND SUPPORT SERVICES: COMPLAINT AGAINST MR CHISHIMBA KAMBWILI, MEMBER OF PARLIAMENT FOR ROAN CONSTITUENCY, BY MRS FAUSTINA B. SINYANGWE, MEMBER OF PARLIAMENT FOR MATERO CONSTITUENCY

“I refer to the above stated letter and my reaction is as follows:

“Madam, it is true that Hon. Kambwili, MP, uttered those shocking words when he was walking out of the Chamber close to where we sit. On the material date, Dr Machungwa and I earlier agreed to go out of the Chamber immediately after voting.  When the result of the vote was announced, I stood up to go out, as earlier arranged, and, at the same time, Hon. Kambwili was also going out and he was in front of me.  He uttered those disgusting words and I quote, ‘Ifibantu fikala kuno ifivota no, fikafume fikaye ikala uko ba vota no. Fimbi nifi international sex worker’ on his way out of the Chamber.

“Madam, to tell the truth, I was shocked when I heard what Hon. Kambwili said.

“I am available to give more information once called.

Yours faithfully

Elizabeth Chitika-Mulobeka, MP
Kawambwa Constituency”

2.    Response from Major C. K. Chibamba, MP

“Dear Madam

OFFICIAL COMPLAINT AGAINST HONOURABLE CHISHIMBA KAMBWILI, MEMBER OF PARLIAMENT FOR ROAN CONSTITUENCY, FOR USING ABUSIVE LANGUAGE IN THE HOUSE ON 25TH MARCH, 2010 

“I recall that following the voting on the Motion on Minerals, raised by Hon. Mwenya Musenge, Member of Parliament for Nkana, on 25th March, 2010, while walking out of the House, Hon. Kambwili uttered the following abusive words in the House, ‘Ifibantu ifikala kuno ifi vota no, fikafume kuno fikaye kulya uko ba vota no pantu fimbi nifi international sex workers’  literally translated  in English means “these people who sit at this side, who vote no, should shift from here and go and join those who vote no.  Some of them are international sex workers.”

Interruptions

Madam Deputy Speaker: Order! 

Hon. Members will have to keep quiet. The Chair is up standing.

“The words were said closest to where Hon. Faustina Sinyangwe and Hon. Elizabeth Chitika were sitting.

Yours faithfully

C. K. Chibamba, MP ‘MajRtd’
Shiwang’andu Constituency”

3.    Response from Mr B. E. Chimbaka, MP

“Dear Madam

“I truly confirm that Hon. Kambwili, MP, for Roan, uttered words as quoted by Hon. Sinyangwe, MP, for Matero Constituency.  This was after the House voted against the Motion moved by Hon. Mwenya Musenge, MP, for Nkana on the material day.

Yours faithfully

B. E. Chimbaka, MP
Bahati Constituency”

4.    Response from Mr B. Chella, MP

“Dear Madam

“After voting, I was seated on my seat and Hon. Kambwili while walking past me, said, “Ifibantu ifikala kuno ifivota no fikafume fikaye ikala kulya uko bavota no. Fimbi nifi international sex worker.”

“I was surprised to hear an Hon. Member say such words.

Yours faithfully

B. Chella, MP
Wusakile Constituency”

5.    Response from Mr A. Simama, MP

“Dear Madam

“I remember very well after voting, while I was sitting on my seat, when Hon. Kambwili was walking out behind me, he said, “Ifibantu ifikala kuno ifivota no fikafume fikaye ikala uko bavota no. Fimbi nifi international sex worker.”

Yours faithfully

Anson Simama, MP
Kalulushi Constituency”

Interruptions

Madam Deputy Speaker: Order! Order!

Further, hon. Members may wish to know that on Friday, 14th May, 2010, the Hon. Mr Speaker received another letter of complaint from Mrs Faustina B. Sinyangwe, MP, against Mr Chishimba Kambwili, MP.  The letter of complaint reads as follows:

“Dear Sir

COMPLAINT AGAINST HON.CHISHIMBA KAMBWILI, MEMBER OF PARLIAMENT FOR ROAN CONSTITUENCY FOR UNPROVOKED VERBAL ABUSE ON ME ON 12TH MAY, 2010 

“Hon Mr Speaker, I wish to raise a very serious complaint against Hon. Chishimba Kambwili, Roan Member of Parliament, for calling me at home on Wednesday, 12th May, 2010, using his mobile number 0964 33304504 at about 19:57 hours and showered me with insults which are so demeaning and not palatable.

“Mr Speaker, I feel that Mr Kambwili has gotten out of hand. It would appear that he wants to make this uncouth behaviour a habit because you have a record of my recent complaint to you when I wrote to you complaining about his insults just before Parliament went on recess.

“I feel so humiliated and I am so angry about this affront from Mr Kambwili.  It is so shameful for an Hon. Member of Parliament to sink so low instead of behaving in an exemplary manner as a respectful leader should.

“I wish also to put on record that I sent Hon. Kambwili an SMS informing him that his insults would not go unchallenged.

“I also informed Hon. Sakwiba Sikota, Member of Parliament for Livingstone, and the Clerk of the National Assembly, Mrs Doris Mwinga, about the incident.

“Hon. Speaker, I wish to say that I take very great exception to this abuse by Hon. Kambwili and I need your protection, Sir.

“I am looking forward to your response.

Yours faithfully

Hon Faustina B. Sinyangwe, MP
Member of Parliament”

In line with parliamentary practice and procedure and the rules of natural justice, the Office of the Clerk of the National Assembly availed the letter of complaint to Hon. Chishimba Kambwili, MP, in order to accord him an opportunity to state his side of the story on the matter.  Hon. Chishimba Kambwili, MP, responded as follows:

“Dear Madam

COMPLAINT AGAINST ME BY HON. FAUSTINA B SINYANGWE, MP

“I refer to your letter reference No. NAS/11/17/2 Conf., and wish to state that I am extremely disappointed with Hon. Sinyangwe’s recent complaints against me.  It appears this woman wants to use Parliament to settle internal political scores and I don’t think it is right to use parliamentary disciplinary procedure to fight political wars.

“Indeed, on the material date I phoned her in my capacity as Patriotic Front National Youth Chairman to advise her to stop issuing negative press statements against PF/UPND Pact and we had an exchange of words, but nothing to do with Parliament.  In any case, “He who comes to equity must come with clean hands,” and I do not think Hon. Sinyangwe has come with clean hands in view of the fact that she is the one who showered me with insults and I reported her to the relevant authority who is the Secretary-General of the party and not Parliament.

“Finally, I wish to state that I take very strong exception to be accused of being uncouth and I only hope that she will be advised not to abuse fellow hon. Members of Parliament through letters.

Yours faithfully

Kambwili Chishimba, MP
Roan Constituency”

The House may further wish to know that the Office of the Clerk also wrote to the hon. Members mentioned as witnesses in the letter of response from Mr C. Kambwili, MP, requesting them to state what they knew about the matter.  The following are the responses from the witnesses:

1.    Response from Mr M. Mwenya, MP

The witness did not submit a written statement.  However, his oral testimony was to the effect that he did not hear any of the words that were allegedly uttered by Mr Chishimba Kambwili, MP.  It was his further submission that he could not attribute any comment to any hon. Member.

2.    Response from Mr D. Mwila, MP

The witness did not submit a written statement.  In his oral testimony, he stated that after the vote on the Motion, Mr Chishimba Kambwili, MP, was heard saying “Ifibantu fikala kuno ifivota no, fikafume fikaye ikala kulya uko ba vota no.”  Translated in English as “These people who sit at this end, who vote no, should shift from here and go and join those who vote no.”

In his further testimony Hon. D. Mwila said that Mr Chishimba Kambwili, MP, did not utter the words “fimbi nifi international sex worker”.  Translated in English it means, ‘some are international sex workers’ as alleged by Mrs F. Sinyangwe, MP, in her letter of complaint.

3.    Response from Mr D. Mwango, MP

The witness did not submit a written statement.  However, in his oral testimony, he submitted that he did hear Mr Chishimba Kambwili, MP, utter the words ‘Abantu abavota no kuno bakafumeko bakaye kulya uko ba vota no’, but that he did not hear that ‘fimbi nifi international sex worker’.  In his further evidence, he said that, as he was just behind Mr C. Kambwili, MP, he heard all that he said, but not the offensive words ‘international sex worker’.

The House may wish to note that the complaints raised against Mr C. Kambwili, MP, raises the following issues:

(i)    breach of Parliamentary Privilege as provided under section 23 (a) and (b) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia; and 

(ii)    breach of Parliamentary Etiquette as provided under Cap. 5 of the National Assembly Member’s Handbook 2006.

Hon. Members the following are the authorities on the above breaches:

1.    AUTHORITIES ON PARLIAMENTARY PRIVILEGES VIS-À-VIS INTIMIDATION AND MOLESTATION OF MEMBERS OF PARLIAMENT

Erskine May, in his book entitled Parliamentary Practice, Twenty-Third Edition, on page 147, states that:
 
“Conduct not amounting to a direct attempt improperly to influence Members in the discharge of their duties, but having a tendency to impair their independence in the future performance of their duty may be treated as a contempt.  An example of such a case is the Speaker’s ruling that a letter sent by a parliamentary agent to a Member informing him that the promoters of a private Bill would agree to certain amendments provided that he and other Members refrained from further opposition to the bill constituted a prima facie breach of privilege.”

M. N. Kaul and S. L. Shakdher, in their book entitled Practice and Procedure of Parliament, Sixth Edition, at page 300, state that:

“It is a breach of privilege and contempt of the House to obstruct or molest a Member while in the execution of his duties …Thus, insults offered to Members on their way to or from the House have always been deemed high breaches of privilege.  Similarly, to molest a Member on account of his conduct in Parliament is a breach of privilege.”   

In addition, section 3 of the National Assembly (Powers and Privileges) Act, Cap.12 of the Laws of Zambia provides that:

“There shall be freedom of speech and debate in the Assembly.  Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly.”

Further, section 23 (a) and (b) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia states that:

“23. Any person shall be guilty of an offence who –

(a)     assaults, obstructs or insults any Member or officer going to or from the precincts of the Assembly Chamber; and

(b)     endeavours to compel, either directly or indirectly, any Member by force, insult or menace to declare himself in favour of, or against, any Bill, resolution, matter, rule or thing submitted to or intended to be submitted to, the Assembly;” 

2.    AUTHORITIES ON PARLIAMENTARY ETIQUETTE VIS-À-VIS CONDUCT OF MEMBERS IN THE HOUSE

M. N. Kaul and S. L. Shakdher in their book entitled “Practice and Procedure of Parliament,” Sixth Edition, on pages 320 - 323 state that:

“In order to maintain the highest traditions of Parliamentary life, Members of Parliament are expected to observe a certain standard of conduct, both inside the House as well as outside it.  Their behaviour should be such as to enhance the dignity of Parliament and its Members in general.  The conduct of Members should not be contrary to usage or derogatory to the dignity of the House or any way inconsistent with the standards of which Parliament is entitled to expect of its members.”

Further, Cap. 5, rules 5, 6 and 7 of the National Assembly Members’ Handbook, 2006, provide as follows:

“5. Members should not interrupt any Member while speaking by disorderly expressions or noises or in any disorderly manner.
6. Members should maintain silence when not speaking in the House.
7. Members should not obstruct proceedings, or interrupt and should avoid making running commentaries when another Member is speaking.”

Hon. Members, the Committee on Privileges, Absences and Support Services met to consider the complaint raised by Mrs Faustina B. Sinyangwe, MP, against Mr Chishimba Kambwili, MP.

Furthermore, the two hon. Members were accorded an opportunity to appear before the Committee to make their oral submissions on the matter.

After considering the evidence from all the witnesses and examining the same, the Committee established that Mr Chishimba Kambwili, MP, had actually uttered the words “Ifibantu fikala kuno ifivota no, fikafume fikaye ikala uko ba vota no” because even Mr Kambwili himself confirmed it.  However, the Committee could not establish, from the evidence submitted by the witnesses, whether the words ‘international sex worker’ were actually spoken by Mr Kambwili.  In this regard, the Committee established that Mr Kambwili was guilty of the following offences:

(i)    Breach of parliamentary privileges according to the provisions of section 23 (b) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia which states that any person shall be guilty of an offence who :

(b)    endeavours to compel, either directly or indirectly, any member by force, insult or menace to declare himself in favour of or against, any Bill, resolution, matter, rule or thing submitted to, or intended to be submitted to, the Assembly;” and

(ii)    Breach of parliamentary etiquette according to the provisions of Cap. 5 of the National Assembly Members’ Hand Book for referring to other Hon. Members as ‘ifibantu’ and for using derogatory words to the dignity of the House.

The Committee then resolved that Mr Chishimba Kambwili, MP, should be reprimanded at the Bar of the House.

I now turn to address you, Mr Chishimba Kambwili, MP.

I have to inform you that the House is extremely disgusted with the rude, disgraceful and impolite words that you uttered against those who voted against the Motion, Mrs F. B. Sinyangwe, MP, included.  Accordingly, your conduct infringed upon the freedom of speech in the House.  You, Mr Kambwili, as an hon. Member of this House, ought to know that every hon. Member of this House has the right to vote in a manner that she or he thinks is in the best interest of his or her electorate.  

It was, therefore, highly contemptuous of you to utter those disparaging remarks against Mrs F. B. Sinyangwe, MP, and others who voted against the Motion.  You should know that by making such disparaging remarks, you, in essence, undermined the privileges and dignity of the House.  This constitutes contempt of the House which is a breach of the trust that the House and the nation at large have in you, as a Member of Parliament.

The privileges that the House and its Members enjoy have a purpose which is to ensure that the House performs its functions properly. By breaching the privileges, you are obstructing the smooth operation of this House. I, therefore, strongly reprimand you and direct you to refrain from exhibiting such conduct in future.

Further, as you are aware, Mr Kambwili, parliamentary etiquette does not allow a Member to be disrespectful to another Member.  Mr Kambwili, you ought to know that parliamentary etiquette holds the dignity of this House. This is why Members of this House are addressed as Hon Members. Your conduct in breaching parliamentary etiquette, therefore, lowers the standard of respect, dignity and decorum that is expected of this House. There is a big difference between the language expected to be used in this House and that which may be found on the streets or in drinking places. I once more entreat you to desist from such disgraceful conduct forthwith. You may wish to recall that this is not the first time you are being reprimanded. You have been admonished before.  You should not take such measures as normal. I believe that as an hon. Member, these disciplinary measures should be adequate lessons to cause change for the better.

In this House, hon. Members are expected to uphold the dignity and decorum of the Assembly and respect for the Chair and other hon. Members. I sincerely believe that your role in this House as an hon. Member is not to destroy the pillars which uphold the Authority of this House in the nation. I now order you to read your apology and thereafter, resume your seat.

I thank you.{mospagebreak}

Mr Kambwili (Roan): Madam Speaker, in accordance with the decision of the House, in your Committee of Privileges and Support Services, I, in my personal capacity, as Member of Parliament for Roan, do unreservedly apologise for the remarks I made to the House and to all Opposition Members of Parliament who voted against the Private Member’s Motion by Hon. Musenge Mwenya.

Madam, I have carefully listened to the reprimand and guidance you have given me and I wish to sincerely assure this House that I shall not make such remarks in future.

I thank you, Madam.

Hon. Members: Hear, hear!

Madam Deputy Speaker: Order! 

I will read this ruling in absentia of the hon. Member.

The House will recall that on Wednesday, 7th July, 2010, when the House was considering the Question for Oral Answer, No. 484 and the Minister of Works and Supply, Hon. M. Mulongoti, MP, was responding, the hon. Member for Mwense Parliamentary Constituency, Mr J. B. Chongo, MP, raised the following point of order:

“Mr Speaker, I rise on a serious point of order. I am compelled to do so because the matter is very serious. Mr Speaker, is it in order for an hon. Member of Parliament to make derogatory remarks against the Vice-President who is Leader of Government  Business in the House and insult him in the press over issues that were raised in this House? I have made this point of order in reference to the article in The Post newspaper for Monday, 5th July, 2010, headlined, ‘Kunda is the most stupid Vice-President, Mpombo.’

Interruptions

Madam Deputy Speaker: Order! 

“I am baffled and seek your ruling over this matter.” 

In the immediate remarks, the Speaker stated inter alia that unless you read an excerpt from the story and not the headline, that paper will not be accepted. In response to the guidance, Mr J. B. Chongo read the following except of the story:

“Vice-President George Kunda, SC. is a turn coat, the MMD Kafulafuta Member of Parliament, George Mpombo, charged yesterday and Mpombo has warned that changing laws to remove the abuse of office offence from the Anti-Corruption Commission (ACC) Act will not protect Vice-President Kunda and his colleagues from prosecution for their wrong deeds when they leave office.

Interruptions

Madam Deputy Speaker: Order!

“Commenting on Vice-President Kunda’s threats against Katuba MMD Member of Parliament, Jonas Shakafuswa, with imprisonment when the latter questioned the Government’s motive for removing the offence of abuse of office from the revised Anti-Corruption Commission (ACC) Act during the Vice-President’s Oral Question and Answer Session in Parliament, Mpombo said, ‘Vice-President Kunda must be told in no uncertain terms that he could not be allowed to threaten people with impunity”’.

Mr Speaker further remarked that he would study the point of order raised by the hon. Member for Mwense and if he found merit in it, he would refer the matter to the relevant Committee of the House which deals with privileges of the House in general and the privileges of Members in particular for consideration and recommendation on what course of action was to be taken.

The House may wish to be reminded that on Friday, 2nd July, 2010 during His Honour the Vice-President’s Question Time, the hon. Member for Katuba Parliamentary Constituency, Mr J. Shakafuswa, MP, had asked the following question:

“Mr Speaker, I want to commend the Government’s effort in fighting corruption. In the same vein, I want to find out from His Honour the Vice-President why Section 37 of the Anti-Corruption Commission (ACC) Act, which deals with abuse of office, has been scrapped from the Act in its revised form which is coming to Parliament.”

In his response, His Honour the Vice-President stated as follows:

“Mr Speaker, I do not know where the hon. Member of Parliament got that information, but if he has access to classified material, that is a very serious criminal offence. I must warn him against accessing confidential information. Let me say that at the stage the Bill comes to Parliament, hon. Members of Parliament will have access to its contents. I can confirm that we are revising the law on the fight against corruption. We are taking into account our past experiences such as how certain offences have been prosecuted. We are refining the law. Maybe, the things the hon. Member was talking about have been classified in another form. The hon. Member should not prejudge us before he even sees the Bill.”

Hon. Members, accordingly, this matter was referred to the Committee on Privileges, Absences and Support Services for its consideration. In line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly was instructed to write to Mr G. Mpombo, MP, requesting him to confirm if the article in question and its contents were correctly attributed to him. The Office of the Clerk also wrote to The Post newspaper to confirm whether the article was correctly attributed to Mr G. Mpombo, MP.

In response, Mr G. Mpombo, MP, stated as follows:

    “Dear Madam,

“POINT OF ORDER RAISED AGAINST ME BY MR J. CHONGO, MEMBER OF PARLIAMENT FOR MWENSE CONSTITUENCY ON THE COMMENTS ATTRIBUTED TO ME IN THE POST NEWSPAPER ARTICLE PUBLISHED ON MONDAY, 5TH JULY, 2010, ENTITLED ‘KUNDA IS THE MOST STUPID VICE-PRESIDENT-MPOMBO.’

“From the outset, let me sincerely apologise for my late response to your letter dated 13th July, 2010. I was attending a court case in Ndola.

“In The Post Newspaper Edition of 5th July, 2010, page 4, paragraph 7, I am quoted as having said ‘Kunda is the most useless Vice-President since the independence of Zambia’.

“I, therefore, deny the comments raised in the point of order raised by Mr J. Chongo, Member of Parliament for Mwense Constituency.

Yours faithfully,

G. W. Mpombo, MP
Kafulafuta Constituency.”

The House may wish to be informed that the Post Newspaper did not respond to the letter from the Office of the Clerk.  

Hon. Members, the point of order made against Mr G. Mpombo, MP, raises the following issues:

(i)    a Member attacking another Member’s debate outside the House; and

(ii)    a Member molesting another Member, through insults, abusive language, intimidation or harassment based on that Member’s debate in the House.   

Hon. Members, these issues culminate into the following breaches:

(i)    breach of privilege and contempt of the House; and

(ii)    breach of parliamentary etiquette.

Hon. Members, in accordance with the following authorities, commenting on a Member’s debate outside the House amounts to interfering with the Member’s freedom of debate. This is contrary to the privileges of hon. Members and of the House as provided by law.  

Section 3 of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia, provides that:

“There shall be freedom of speech and debate in the Assembly.  Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly.”

Further, Section 23(b) of the said Act provides that:

“23.    Any person shall be guilty of an offence who –

(b)   endeavours to compel, either directly or indirectly, any Member by force, insult or menace to declare himself in favour of, or against, any Bill, resolution, matter, rule or thing submitted to, or intended to be submitted to the Assembly;”

Furthermore, eminent writers on Parliamentary Practice, M. N. Kaul and S. L. Shakdher, in their book, entitled Practice and Procedure of Parliament, Sixth Edition, on page 293, state that:

“It is a breach of privilege and contempt of the House to make speeches, or print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any Member of the House for or relating to his character or conduct as a Member of Parliament.”

Hon. Members, the Committee on Privileges, Absences and Support Services met to consider the point of order raised by Mr J. Chongo, MP. In addition to his written submission, Mr G. Mpombo, MP, was accorded the opportunity to appear before the Committee to exculpate himself from the allegation made against him.

After considering the oral and written evidence, and all mitigating factors presented to it, the Committee established that Mr G. Mpombo, MP’s conduct amounted to attacking His Honour the Vice-President’s debate outside the House.

In this regard, the Committee resolved that Mr G. Mpombo, MP, was guilty of breaching parliamentary privileges and etiquette, and was in contempt of the House and recommended that the hon. Member be suspended from the service of the House for a period of two months in accordance with the provisions of Section 28(1) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia, which states as follows:

“28(1) where any Member commits any contempt of the Assembly, whether specified in Section 19 or otherwise, the Assembly may, by resolution, either direct the Speaker to reprimand such a Member or suspend him from the services of the Assembly for such period as it may determine:

Provided that such a period shall not extend beyond the last day of the next meeting following that in which the resolution is passed, or of the session in which the resolution is passed, whichever shall first occur.”

The House may, however, wish to know that due to the fact that Parliament shall be prorogued after the House adjourns sine die today, Mr G. Mpombo, MP, shall only be suspended for a period of one (1) week.  This is in line with the proviso in Section 28 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, which places a restriction on the power of the National Assembly to suspend a Member from the service of the House.

Therefore, in accordance with Section 28 (1) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia, which requires a resolution of the House on a matter of this nature, I now put the question. 

Question that the hon. Member for Kafulafuta be suspended from the service of the House for the Fourth Session of the Tenth National Assembly for one week for his breach of the National Assembly (Powers and Privileges) Act, put and agreed to.

I now turn to address Mr G. Mpombo, MP, who is not in the House, but who I believe is here in spirit.

I have to inform Mr G. Mpombo, MP, that the House is extremely displeased with his shameful and gross misconduct of attacking the debate of His Honour the Vice-President in the press. This is the least expected of an hon. Member who has been a long-serving Member of this House and has occupied senior positions in the Government.

As an hon. Member of this Honourable House, he ought to know that his behaviour and conduct, both inside and outside the House, ought to be exemplary at all times and in all circumstances so as to enhance the dignity of the House. 

Mr Mpombo’s comments in The Post Newspaper of Monday, 5th July, 2010, on His Honour the Vice-President’s debate are disrespectful to the privileges and dignity of the House and, thus, brought the House into disrepute and public ridicule. 

Mr Mpombo is aware or ought to be aware that the House has its own rules and procedures which ought to be followed in seeking redress on any matter.  Therefore, his attack on His Honour the Vice-President and Leader of Government Business in this august House amounted to gross misconduct and was totally unwarranted.  Such conduct falls below the expected conduct of an hon. Member.

In view of the foregoing, Mr Mpombo is suspended from the service of the National Assembly for seven days.  During his suspension period, Mr Mpombo shall not take part in any business or activity of this honourable House or its Committees.  In addition, he shall not undertake any activity in his capacity as Member of Parliament in his constituency or, indeed, anywhere else outside this House. Accordingly, during this period, no salary or allowance shall be paid to him. This is in accordance with Section 28(2) of the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia.

I hope this will serve as a reminder to all the hon. Members of this House that breaching Section 3 of the National Assembly (Powers and Privileges) Act, that is, infringing a Member’s freedom of speech and debate is a serious offence of breach of parliamentary privileges and is punishable by this House.

In fact, if Mr Mpombo did not know all this time, parliamentary etiquette does not allow an hon. Member to be disrespectful to another Member, let alone the Leader of Government Business in the House who, in this case, is also the Vice-President of the Republic of Zambia.

I hope this will be the last time such undesirable conduct will be exhibited by him, as a Member of this House.

If Mr G. Mpombo, MP, were in the House, I would have now ordered him to leave the Chamber through the main door on seven days suspension as resolved by the House.

I thank you.
_____________ 

MINISTERIAL STATEMENT

MINISTERIAL STATEMENT ON INFRASTRUCTURE DEVELOPMENT IN THE MINISTRY OF EDUCATION

The Minister of Education (Ms Siliya): Madam Speaker, I wish to thank you for according me the opportunity to inform this House and the general public on a very important issue pertaining to infrastructure development by the Ministry of Education.

Madam, in 2008, the Government and communities in various parts of the country collectively embarked on an important process of improving access to education through infrastructure development. The aim was to ensure that all the children who were eligible to enter Grade 1, were enrolled in schools as education is their right and also in line with the aspirations of the Education for All (EFA) policy and millennium development goals (MDGs). The construction of infrastructure is also a national priority in line with the strategic goals as stated in the Fifth National Development Plan (FNDP).

Madam Speaker, the Ministry of Education attaches importance to construction, rehabilitation and maintenance of infrastructure in order to ensure that all Zambians have access to quality education regardless of their geographical location and socio-economic status.

Madam, over the last three years, the ministry embarked on both the contractual and community mode of construction. To this effect, the ministry has been constructing forty-five high schools throughout the country under the contractor mode, broken down as follows:

    Province    High School    Basic School

    Central    07    –    
    Copperbelt    05    01
    Lusaka    07    –        
    Luapula        04    06
    Eastern        03    08
    Northern    05    –    
    North-Western    04    02
    Southern    05    02
    Western        05    26
    Total        45    45

Madam Speaker, besides, the ministry, in 2008, constructed a total of 1,527 classrooms and in 2009, 2,543 classrooms were constructed using the community mode of construction. These classroom blocks were distributed as follows:

Province    Number of Classroom        Number of Classroom
Blocks in 2008            Blocks in 2009
    Green Sites    Brown Sites    Green Sites    Brown Sites

    Northern        300        0               224           240
    Southern        205        0               170           160
    Eastern            199        0               167           172
    Central            126        0               111             98
    Western             158        0               151           119        
    Luapula             175        0               167           120
    Copperbelt        158        0               311             11
    North-Western        146        0                 85           149
    Lusaka              60        0                 30             58
    Total         1,527        0            1,416        1,127

Madam Speaker, you may wish to know that the 2008 classrooms were all completed while the 2009 classrooms are still at the completion stages of painting and glazing.

Madam Speaker, the increase in the number of classrooms constructed in 2008 and 2009 resulted in the creation of an extra 366,300 new school places for school-going children.

Madam, in the Sixth National Development Plan, 2010 to 2015, the ministry plans to construct sixty new high schools, upgrade infrastructure for the ninety basic schools that were converted into high schools, upgrade 100 laboratories, construct 10,000 extra classrooms at the basic school level, eighteen technical upper basic schools and 9,500 teachers houses among others.

Madam Speaker, the development of education infrastructure has, however, sometimes been negatively affected by bad weather, resulting in roofs being blown off at some schools. Currently, there are 161 classroom blocks and seventy-seven staff houses whose roofs were blown off. Out of the 161 classroom blocks, nineteen have been repaired while out of seventy-seven teachers’ houses, twelve have been repaired and distributed as follows:

Province    Classroom Block    Staff Houses    Remarks

Southern    35      8    one house has been repaired

        Copperbelt    16      0    non repaired

    North Western    35    17    non repaired

        Lusaka    01      0    non repaired

    Luapula    17       6    one house and classroom block 
    was repaired by the United Nations High Commissioner for Refugees

    Northern    73     22    ten houses repaired by the Constituency Development Fund (CDF) and District Education Boards (DEBs) thirteen classroom blocks were repaired by sector 
        
    Eastern    57     24    five classroom blocks were repaired

    Central    19       7    non repaired

    Total     253    161    twelve houses repaired and nineteen classroom blocks repaired

Madam Speaker, the repair of blown off roofs is provided for under the rehabilitation and maintenance budget line at all levels. These funds are released and management by the respective Provincial Education Officers, DEBS, high schools and colleges. The Budget provision in 2010 for these activities is K33.31 billion. I wish to reassure this House that in the Sixth National Development Plan period, the Ministry of Education will direct some of the resources towards the rehabilitation of high schools and establishment of preventive maintenance systems at schools to ensure sustainability of infrastructure. 

Madam Speaker, the ministry has equally identified a number of incomplete portal frames in several areas across the country and will ensure that these are completed this year. For instance, the ministry will complete the construction of fifty-nine portal frame classrooms in Luapula and 200 portal frame classrooms in the Northern Province.

Madam Speaker, the Ministry of Education has over the years faced a lot of challenges in deploying teachers to remote rural schools in particular because such schools lack acceptable teachers’ accommodation and sanitation facilities. To respond to this challenge, my ministry, in 2008, constructed 228 teachers’ houses. In addition, 280 teachers’ houses were constructed in 2009. The breakdown per province is as follows:

Province    Teachers’ Houses    Teachers’ Houses 
                2008            2009

    Central    41    20

    Copperbelt    21    40

    Lusaka    08    08

    Luapula    16    33

    Eastern    38    35

    Northern    30    52

    North-Western    18    29

    Southern    30    35

        Western    26    28

    Total     228             280

Madam Speaker, in 2010, the ministry will construct an additional 369 teachers’ houses and 361 single VIP toilets. You may wish to know that 297 double toilets will equally be constructed this year in order to improve the number of sanitary facilities in rural schools. Targeted schools include the 2008 and 2009 green sites where there are newly- constructed basic schools.

Madam Speaker, the Ministry of Education is committed to improving the quality of education in the country through the provision of education materials including desks. The ministry, in 2008, procured a total of 110,714 desks with the assistance of the Netherlands Government through the Catalytic Fund. In 2009, an additional 85,714 desks were procured to reduce the national deficit of desks that we are still experiencing. The distribution of desks per province in 2009 was as follows: 

Province                Number of Desks

Central                    10,017

Copperbelt             3,408

Lusaka                     8,148

Luapula          6,521

Eastern                   10,172

North-Western           5,338

Northern                   14,807

Southern                   12,486

Western          7,903 

Madam Speaker, my ministry remains committed to improving the quality of education delivery in the country. As such, the procurement of desks will be an on-going process in the Sixth National Development Plan period. At the moment, the ministry has a target of providing approximately 300,000 desks throughout the county. The procurement of these desks will be funded by the Government and additional funds will come from the World Bank’s Fast Track Initiative (FTI). 

In view of the above, all DEBS, High School Boards and School Parents and Teachers Associations must ensure that needy schools are given preferential consideration when distribution of the desks is made in all the provinces. At the same time, schools should embark on preventive maintenance to maintain and protect furniture from misuse or vandalism. 

Furthermore, the procurement and distribution of school desks will be publicised for the general public to be aware of the efforts Government is making in ensuring that there is improved education services delivery in all our schools. 

Madam Speaker, in closing, allow me to quote His Excellency President Rupiah Bwezani Banda when he said at his Inauguration speech on 2nd November, 2008: “Education is a true passport out of poverty.”

Madam Speaker, we in Government believe this to be true and we see it every day in many young people who are studying both in Zambia and abroad as they seize the opportunities that are available in the economy. We wish to continue on this path and thus the huge investment we are making in infrastructure development.

Madam Speaker, I also wish to thank the hon. Members of Parliament for their continued support and keen interest in education matters and during the approval of the Annual Education Budget Estimates to ensure that projects and programmes are effectively implemented. Our gratitude is also extended to our co-operating partners, the civil society organisations and all other stakeholders for their continued commitment to partner with Government in promoting education in Zambia.

Lastly, I wish to thank the Zambian people, the many parents and families for whom we are all assembled in Parliament today for their continued support and belief that the Ministry of Education and Government as a whole will continue to aspire to educate the nation so that the citizens can take advantage of the economic opportunities and contribute to a prosperous nation by 2030. 

Madam Speaker, I also wish to take this opportunity to lay on the Table of this House the 2010 Infrastructure Operational Development Plan and also inform the hon. Members of Parliament that efforts are being made through the Office of the Clerk to ensure that the plan is distributed to the hon. Members of Parliament.

I thank you, Madam Speaker.

Ms Siliya laid paper on the Table.

Hon. Members: Hear, hear!

Madam Deputy Speaker: Order! 

Hon. Members are now free to ask questions on points of clarification on the Ministerial Statement given by the hon. Minister of Education.

Mr Munaile (Malole): Madam Speaker, in the 2009 Infrastructure Development Programme, the ministry was supposed to construct houses in Malole Constituency. I would like to find out why that was not done despite appearing in the programme?

Ms Siliya: Madam Speaker, one of the contributing factors to the late preparation of the 2010 Infrastructure Development Plan was that we had a lot of projects in the 2009 Infrastructure Development Plan which, for many reasons, including administrative, were not carried out. We wanted to ensure that we work on the hindrances before producing the 2010 plan so that such a situation did not recur. 

All the DEBs and provincial education officers (PEOs) have been instructed to ensure that programmes that were planned and budgeted for are implemented. We will make sure that we monitor the matter so that the schools that were planned for are constructed. 

Madam Speaker, I thank you.     

Madam Deputy Speaker: Order!

I wish to urge the hon. Members to properly phrase their questions because if there is a preamble, you may not be allowed to continue. Therefore, put your questions in order. 

Mrs Masebo (Chongwe): Madam Speaker, in the statement by the hon. Minister, the issue of sanitation has been well articulated with regard to new schools that are being built. What is the Government going to do about the old schools that do not have good sanitation? 

Ms Siliya: Madam Speaker, I mentioned, in the statement, that under the Sixth National Development Plan, we will include maintenance of existing educational facilities so that we attend to issues of water and sanitation. 

I thank you, Madam.

Mr C. Mulenga (Chinsali): Madam Speaker, I would like to find out from the hon. Minister why hon. Members of Parliament have not been able to receive the Infrastructure Annual Work Plan for 2010 so that we help her with preparations upfront in our constituencies. 

Madam Deputy Speaker: Order! 

An assurance has been made in the statement and a copy of this has been laid on the Table.

Mr Kasongo (Bangweulu): Madam Speaker, why does the hon. Minister not consider financially empowering skills training centres throughout the country to make desks so that the question of pupils sitting on the floor is a thing of the past?

Ms Siliya: Madam Speaker, as the hon. Members of Parliament may be aware, we procure quite a huge number of desks every year. We try to ensure that many citizens and institutions in Zambia are involved in this process. However, we have to follow the laid down procurement procedures, meaning that we have to advertise the procurement of desks and winning bids are called upon to supply the desks to the Ministry of Education. 

I thank you, Madam.

Mr Chazangwe (Choma Central): Madam Speaker could the hon. Minister state how many desks were sent to community schools?

Ms Siliya: Madam Speaker, we will be happy to provide the answer to the hon. Member of Parliament at a later stage.

I thank you, Madam.

Mr Mwenya (Nkana): Madam Speaker, first and foremost, I wish to thank the hon. Minister for the school under construction in my constituency. However, I would like to find out from the hon. Minister about community schools which have taken …

Madam Deputy Speaker: Order!

Ask your question. The guidance on this was clear.

Mr Mwenya: I would like to find out from the hon. Minister whether there are any intentions to upgrade community schools which do not have trained teachers, but are currently taking in a good number of pupils. What is the ministry doing about this?

Ms Siliya: Madam Speaker, I did say in the statement that during the Sixth National Development Plan we will ensure that while we are constructing new educational facilities, we upgrade and maintain some of the existing infrastructure, particularly community schools because we know that the children who go to those schools are also Zambians and we have to provide quality education in these schools to meet the education for all agenda.

Madam Speaker, I thank you.

Mr Chisala (Chilubi): Madam Speaker, arising from the …
    
Madam Deputy Speaker: Order!

Business was suspended from 1045 hours until 1100 hours.

[MADAM SPEAKER in the Chair]

Mr Chisala: Madam Speaker, according to the statement by the hon. Minister, 200 classroom blocks under portal frames in the Northern Province are earmarked for completion this year. I would like to find out how much money has been reserved for this project in the Northern Province. 

Ms Siliya: Madam Speaker, I am sorry, but I cannot give this figure off-hand. I am sure that once the hon. Members of Parliament receive the Infrastructure Development Plan, which I know will be distributed in their pigeon holes before the end of the day, they will get the figures from there. 

Madam Speaker, I thank you. 

Hon. Members: Hear, hear!

Mrs Musokotwane (Katombola): Madam Speaker, I would like to find out from the hon. Minister what the shortfall of desks in the Southern Province is, particularly Katombola Constituency. 

Ms Siliya: Madam Speaker, I will be happy to provide the answer to the hon. Member of Parliament at a later stage. I do not have the figure off-hand. However, nationally, we are aware that it is in the range of 300,000 to 400,000 desks. 

I thank you, Madam.

Madam Deputy Speaker: Order! 

Let us limit ourselves to points of clarification on the ministerial statement.

Mr L. J. Mulenga (Kwacha): Madam Speaker, looking at the number of infrastructure development projects going on, I would like to find out from the hon. Minister of Education how prepared the ministry is in terms of staffing so that the schools are not manned by one teacher as is the case in most rural schools. 

Ms Siliya: Madam Speaker, the hon. Member of Parliament may be aware that since 2005, we have carried out a vigorous recruitment programme of teachers, with the highest figure being about 6,000 in 2009. Unfortunately, because of the financial crisis and the falling copper prices, which affected our economy, we were not able to recruit the planned 5,000 teachers this year, and only recruited 2,500. However, things seem to be looking brighter now and I think we will go back to recruiting as many teachers as possible so that we can meet the staffing needs in our schools.

Madam Speaker, I thank you. 
______{mospagebreak}

HIS HONOUR THE VICE-PRESIDENT’S QUESTION TIME

Mr Kambwili (Roan): Madam Speaker, I would like to find out from the His Honour, the Vice-President why his Government is insisting on getting the US$53 million loan from China for the mobile hospitals when it is aware that the general public has rejected that plan and the medical practitioners have advised against it. Why are you forcing it on the people of Zambia when it is not a priority? 

The Vice-President and Minister of Justice (Mr Kunda, SC.): Madam Speaker, the people of Zambia have overwhelmingly supported the procurement of mobile hospitals.

 Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: We shall go ahead with the procurement of the hospitals so that we can serve our population, especially in the rural areas, who are disadvantaged in terms of access to medical facilities. We are a caring Government which wants to look after its people.

 I thank you, Madam Speaker.

 Hon. Government Members: Hear, hear!

Mr Kakoma (Zambezi West): Madam Speaker, a few weeks ago, His Honour the Vice-President and Minister of Justice was not sure whether the Government was considering amending the Anti-Corruption Commission Act to remove provisions regarding the abuse of office clause. I would like to find out from him as hon. Minister of Justice whether Cabinet has now discussed the matter and decided on it?

The Vice-President and Minister of Justice: Madam Speaker, I can confirm that we are reforming the law on the fight against corruption. One of the pieces of legislation, which is in the National Anti-Corruption Policy, which we have undertaken to review, is the Anti-Corruption Commission Act. As you know, already, we have passed the Whistle Blowers Protection Act and Forfeiture of Proceeds of Crime Act. Now, it is time for us to move on to the Anti-Corruption Commission Act. As regards the specific offence which has been mentioned, it exists even in the Penal Code. Therefore, as we reform the laws, we want to avoid the duplication of offences.

Mr Kambwili: Question!

Laughter

The Vice-President and Minister of Justice: We want to realign the law so that it makes sense. The abuse of office is an offence which is recognised in our law. I can tell the hon. Member that it will continue to be an offence in our statute books. It is our prerogative to come up with which piece of legislation it shall be in. Anybody who abuses his/her office will be answerable to the law. We are not removing that offence from our laws. However, we have to update our laws so that they are consistent, especially with the Constitution of Zambia and the fact that even an accused person can receive justice. Therefore, we want laws which are in accordance with the principles of justice and acceptable by Commonwealth standards.

 I thank you, Madam Speaker.

Hon. Government Members: Hear, hear!

Mr Malama (Mfuwe): Madam Speaker, I would like to find out from the Vice-President and Minister of Justice as to whether the Government may consider reducing the retirement age fifty-five to fifty in future since most people complain about the current situation.

Interruptions

The Vice-President and Minister of Justice: Madam Speaker, those are matters which we are discussing at the National Constitutional Conference. There are also matters which are subject of consultations with trade unions. It is debatable as to what should be the right retirement age. Is it fifty-five, sixty or even fifty which the hon. Member is talking about. These are matters which the Government has to analyse by reference to the pension laws and whether it will be desirable to maintain the current retirement age. That is the position.

 I thank you, Madam Speaker.

Mr Ngoma (Sinda): Madam Speaker, the presidency and all the other constitutional offices of authority in this country need to be respected. I would like to find out what the Government is doing to prevent a recurrence of what happened in Ndola where the motorcade of the his Honour, the Vice President and Minister of Justice was blocked so that we do not send a wrong signal to the international community and the public at large that Zambians are disrespectful of office bearers.

The Vice-President and Minister of Justice: Madam Speaker, indeed, that is a very important question. We should counsel ourselves.

Madam Speaker, we must recognise and accord the necessary respect which is required to certain offices like the Office of the President, Vice-President, those for hon. Ministers and even hon. Members of Parliament.

As regards the way we conduct ourselves on public roads, again, that is regulated by the Laws of Zambia on who has the right of way. We should also obey traffic signs and instructions which are given by traffic officers for our own safety. It is important that we respect these offices because there are not only there for today and it does not matter who is occupying them.  There will be there continuously. Governments may change, but we need to accord respect to these offices. People who may wish to demean these offices should not be encouraged. 

 I thank you, Madam Speaker.

 Hon. Government Members: Hear, hear!

Mr D. Mwila (Chipili): Madam Speaker, the Government is renting a house for the former First Lady, Mrs Maureen Mwanawasa at US$12,000, which is equivalent to K60 million per month. Could His Honour, the Vice-President and Minister of Justice inform the House whether the former First Lady is entitled to such kind of benefits.

The Vice-President and Minister of Justice: Madam Speaker, benefits due to former presidents, retired presidents or even the spouse of former presidents are regulated by law. It is the responsibility of the Government to provide accommodation or construct houses for such persons. That is in the law. As to the issue of how much a house is rented at, the Government looks at the standard of a particular house and how much it should cost.

Madam Speaker, I cannot confirm that a house is being rented at US$12,000 because I do not have that information. All I can confirm is that it is the responsibility of the Government to look after the spouse of a deceased President and, in this case, Dr. Levy P. Mwanawasa’s  spouse.

 I thank you, Madam Speaker.

Mr Nkombo (Mazabuka Central): Madam Speaker, one of the encumbrances that the Government is facing in the continuous voters’ registration exercise has been communicated as the terrain being either swampy or mountainous. I would like to find from His Honour the Vice-President and Minister of Justice why the officers responsible for this exercise have not been to Chizobwe Ward in Mazabuka Central Constituency and Simungalu which both do not belong to the category of mountainous or water logged?

The Vice-President and Minister of Justice: Madam Speaker, indeed, we should register citizens so that they can vote in the forth-coming tripartite elections. I have taken note, of this. However, the hon. Member can also get in touch with the Electoral Commission of Zambia (ECZ) so that this problem can be solved in order to have more voters voting against him in the coming elections.

I thank you, Madam.

Laughter

Mr Chanda (Kankoyo): Madam Speaker, what is the way forward on Mulungushi Textiles?

The Vice-President and Minister of Justice: Madam Speaker that is an important question. We, as a Government, are looking into reviving that particular industry in Kabwe so that we can have more economic activities. We are negotiating with the Chinese Government so that it can assist us to reopen this particular industry. However, we will still continue to look for a solutions in order to increase the economic activities in Kabwe.

I thank you, Madam Speaker.

Mr Muyanda (Sinazongwe): I would like to find out from His Honour the Vice-President and Minister of Justice when his office will move and see the act of God that has damaged five bridges between Sinazeze and Chiyabi, which is called a disaster, this year. When will he come to this area so that the road can be repaired before the heavy rains start? As you can see, Madam Speaker, the rains are about to start.

The Vice-President and Minister of Justice: Madam Speaker, I have taken note of what the hon. Member has stated. In fact, visiting the Southern Province would give me an opportunity to go and campaign there against some of the shrinking parties like the UPND.

I thank you, Madam.

Laughter

Madam Deputy Speaker: His Honour the Vice-President is being political in the House.

Laughter

Madam Deputy Speaker: No politics.

Laughter

Hon. Member: On a point of order.

Madam Deputy Speaker: On the Chair?

Mr Zulu (Bwana Mkubwa): Madam Speaker, I would like to find out from His Honour the Vice-President when the former employees of Kapiri Mposhi Glass Factory will be paid their dues.

The Vice-President and Minister of Justice: Madam Speaker, what I know about the Kapiri Mposhi Glass Factory employees’ problem is that this matter is under the jurisdiction of the Administrator General. It is a matter which is being looked into by the Administrator General in accordance with receivership laws and other laws. Therefore, the decision to establish whether any retirement benefits are payable or have been paid is under the jurisdiction of the Administrator General.

I thank you, Madam Speaker.

Mr Mukanga (Kantanshi): Madam Speaker, what specific measure is the Government taking to ensure that it averts floods if it takes place in the next rainy season realising that it is just around the corner.

The Vice-President and Minister of Justice: Madam Speaker, I do not understand the logic behind that question. How do you avoid floods because that is an act of God?

Laughter

Mr Mukanga: No!

The Vice-President and Minister of Justice: The rains will fall and we are going to have a bumper harvest in the process.

Laughter

The Vice-President and Minister of Justice: We need rains, but we cannot avoid floods. However, when they occur, we are always ready. The Disaster Management and Mitigation Unit (DMMU) is ready to rise to the challenge of saving people.

I thank you, Madam.

Mrs Mwamba (Lukashya): Madam Speaker, I would like to find out from His Honour the Vice-President and Minister of Justice how the Government is assisting the Food Reserve Agency (FRA) to collect money from the many debtors so that it can contribute to the purse of the FRA for this year’s marketing season.

The Vice-President and Minister of Justice: Madam Speaker, what I know is that the FRA has got a fully-fledged legal department. If there is lack of capacity in that particular department, which I doubt, it can always engage private practitioners to recover the debt on behalf of the FRA which is a statutory body. Nonetheless, the Attorney-General’s Office can also assist. The normal practice is that statutory bodies can engage legal practitioners to assist in resolving legal problems.

I thank you, Madam Speaker.

Mr Mwamba (Kasama Central): Madam Speaker, I would like to find out from His Honour the Vice-President and Minister of Justice why his Government has decided to deploy the entire police command on the Copperbelt.

The Vice-President and Minister of Justice: Madam Speaker, we had a by-election on the Copperbelt in Chifubu and required protection of citizens from some violent political parties.

Hon. Opposition Members: Aah! MMD.

Mr Mwamba: Question!

The Vice-President and Minister of Justice: Therefore, it was necessary that we have police protection, but that is not to say the entire police command was on the Copperbelt. It was necessary to have elections which were credible on the Copperbelt and protect people’s lives in case of violence breaking out.

Hon. Government Member: From PF.

The Vice-President and Minister of Justice: I thank you, Madam Speaker.

Mr Msichili (Kabushi): Madam Speaker, recently, the Government acquired 100 per cent shares in INDENI. Now that the Government is getting 100 per cent profit, is it considering passing on these profits to its citizenry?

The Vice-President and Minister of Justice: Madam Speaker, I find that question …

Laughter

The Vice-President and Minister of Justice: … very difficult to understand. I am not sure whether the hon. Member is suggesting that some shares should be floated on the stock exchange. Unless a clarification is given, I cannot give an answer. However, shareholding in INDENI is something which the Government is considering so that the particular industry is managed properly after the pull out of Total.

I thank you, Madam.

Mr Chota (Lubansenshi): Madam Speaker, what are the benefits of allowing foreign mining companies exporting concentrate ores outside the country?

The Vice President and Minister of Justice: Madam Speaker, we get 15 per cent export tax and normally we look at the smelting capacity in a particular area. Our laws also allow for exports where we get taxes and so we do not lose out.

Mr Simuusa (Nchanga): Madam Speaker, it has been revealed that our Republican President, Mr Rupiah Bwezani Banda, assisted the Malawian Republican President, Mr Mbingu Wa Mutharika, to win the presidential elections and that it is one of the reasons the losing candidate in Malawi has cried foul. I would like to find out from His Honour the Vice-President and Minister of Justice what assistance our Republican President rendered to the Malawian President to win the presidential elections. 

Hon. PF Members: Hear, hear!

The Vice President and Minister of Justice: Madam Speaker, from what I read in the paper on that particular issue which has been raised by the hon. Member, the type of assistance was clearly explained in the article. President Banda rendered moral support during the campaign and there is nothing wrong with him assisting his brother to win elections with a landslide victory …

Mr Kambwili: And V. J. went there.

The Vice President and Minister of Justice: Thank you.

Laughter

Mrs Masebo (Chongwe): Madam Speaker, I would like to find out from His Honour the Vice-President and Minister of Justice when the Gender Violence Bill will be tabled and whether the Government has plans to come up with the Children’s Pornography Bill.

The Vice President and Minister of Justice: Madam Speaker, the issue of the Gender Based Violence Bill is under consideration. I remember I was looking at a draft, recently, which is being refined. We are still consulting on what the title of the Bill should be because we have laws spread across many statutes. Sexual offences are also covered in the Penal Code and in other laws and we are trying to harmonise this so that we come up with proper legislation. For example, we are looking at whether to call the Bill, with regard to domestic violence, the Domestic Violence Bill or Gender Based Violence Bill, taking into account the laws which exist in other statutes which are related to sexual offences.

Madam Speaker, on the issue of pornography, as you know, we amended the Penal Code and some of the offences, which were included in those amendments in 2005, included issues to do with child pornography. Generally, pornography is an offence whether or not it includes children and so we have adequate laws to deal with that.

I thank you, Madam Speaker.

Mr Chazangwe (Choma Central): Madam Speaker, I would like His Honour the Vice- President and Minister of Justice to comment on the issue of farmers in Choma who are weeping because the FRA is not buying their maize. These people are selling a 50kg at K35,000 instead of K65,000 and so I would like him to give a statement which will cheer them up.

The Vice President and Minister of Justice: Madam Speaker, the FRA is supposed to buy maize from as many farmers as possible, including those in the Southern Province. I have taken note of that and if, indeed, the FRA is not in the Southern Province and in Choma, in particular, I will find out what the problem is. The Chief Executive Officer of the FRA will provide a solution to that, but you can also get in touch with me so that the matter can be pursued.

I thank you, Madam Speaker. 

Mr Munaile (Malole): Madam Speaker, the Government, through this House, changed the Budget Cycle. I would like to find out from His Honour the Vice-President why it has taken so long for this Government to implement some of the projects since we are about to start considering the 2011 Budget. What are the challenges that this Government has …

Madam Deputy Speaker: Order!

The Vice-President and Minister of Justice: Madam Speaker, indeed, the Budget Cycle has been changed, but what I know is that we are implementing many projects and the Ministry of Finance and National Planning continues to release money. As you know, we have to collect taxes and this is not done at once. They are received throughout the year and it is then that projects are implemented.

Madam Speaker, even the time we will be considering the Budget for next year, we shall continue to implement the projects because they fall within this financial year. We are still implementing the projects for this year depending on the availability of funds and I know that a lot of money has been released under the current Budget.

I thank you, Madam Speaker.

Mrs Musokotwane (Katombola): Madam Speaker, I would like to find out from His Honour the Vice-President and Minister of Justice whether it is possible for the Government to start making arrangements for grain bags for next year now, especially from the Chinese investors, so that we do not face the problem we have now of shortage of grain bags.

The Vice-President and Minister of Justice: Madam Speaker, I can confirm that arrangements are in place to secure adequate grain bags for this year and next year so that we buy a lot of maize and store it for our strategic reserves.

I thank you, Madam Speaker.

Mr Mwenya (Nkana): Madam Speaker, I would like to find out from His Honour the Vice-President and minister of Justice whether there is any consideration to ask Konkola Copper Mines to dispose of the smelter coal plant in Kitwe where workers have been laid off so that the plant could probably be sold to new investors in the bid …

Madam Deputy Speaker: Order!

The Vice President and Minister of Justice: Madam Speaker, I understand negotiations are on going and that a solution will be found in due course.

I thank you, Madam Speaker.

Dr Machungwa (Luapula): Madam Speaker, on the Floor of this House, the hon. Minister of Energy and Water Development promised that uniform petroleum pricing would be introduced in the country. Is His Honour the Vice-President and minister of Justice in a position to tell the House if this will be done sometime in the near future?

The Vice-President and Minister of Justice: Madam Speaker, that matter is still under consideration. We are conducting studies by making comparisons and analysing the situation to see whether standardised prices can be introduced.

I thank you, Madam Speakers.

Mr Mweemba (Magoye): Madam Speaker, when His Excellency the President visited Magoye on 14th February, 2010, he promised that the Government would start constructing a high school. I would like to know when the construction will commence.

The Vice-President and Minister of Justice: Madam Speaker, I can say that we have special interest in the Southern Province and very soon we shall …

Laughter 

The Vice-President Minister of Justice: … go and check on developmental projects there.

I thank you, Madam Speaker.

Interruptions 
__________

QUESTIONS FOR ORAL ANSWER

MINISTRY RENTALS

638. Mr D. Mwila (Chipili) asked the Minister of Finance and National Planning:

(a)        how much money the Government spent on payment of rentals for offices of ministries from 2007 to 2009; and 

(b)        when the Government would construct offices for the affected ministries.

The Deputy Minister of Finance and National Planning (Ms C. M. Kapwepwe): Madam Speaker, the Government rentals are included and released for some ministries under the general administration budget line and in accordance with submitted profiles. The ministries then pay rentals from this funding where applicable. This item is not standardised across the ministries as most ministries are now accommodated in Government buildings.

For 2007 to 2009, the amounts budgeted under rentals for buildings were:

Year    Amount (K)

2007    5.1 billion
2008    10 billion
2009    10 billion

Madam Speaker, you may note that the amount indicated for office rentals for the period reflects the fact that most Government ministries and departments have now been accommodated at the Government Complex. 

Madam Speaker, as soon as the remaining part of the Government Complex is completed, all ministries and departments will be accommodated there. Meanwhile, other Government ministries and departments are constructing new offices in various places to improve office capacity and work environment.

I thank you, Madam Speaker.

Mr D. Mwila: Madam Speaker, the figure has been going up from 2007 to K10 billion  in 2009. Will the hon. Minister indicate when this problem of office accommodation will be sorted out once and for all.

Ms C. M. Kapwepwe: Madam Speaker, the fact that the amount is almost static indicates that we are not having any more Government ministries in rented offices. The amount can be going up because, of course, rentals can go up. The position is that the Government is committed to ensuring that all ministries and departments are accommodated in Government buildings, hence the work at the Government Complex and construction of other new offices. 

I thank you, Madam Speaker.

FUEL SUBSIDY

639. Mr D. Mwila asked the Minister of Finance and National Planning:

(a)        why the Government removed the subsidy on fuel;

(b)        what the subsidy on fuel from 2006 to 2010 was; and

(c)        what measures the Government had taken to ensure that fuel prices were affordable.

Ms C. M. Kapwepwe: Madam Speaker, I wish to inform the House that the Government introduced subsidies for a specific purpose. As the House may be aware, the most successful subsidies are those which have a timeframe. The major objective of subsidies on fuel was to mitigate the negative effects of the recent world economic downturn. Governments all over the world undertook various measures to protect their economies. The fuel subsidy was one of the ways in which the Zambian Government responded to this challenge. With the recovery of the economy from this challenge, the Government decided to remove the subsidy in April, 2010.

Madam Speaker, the subsidy provided by the Government on fuel supply for the period 2006 to 2010 is K450 billion or US$90 million. The bulk of this subsidy was during and immediately after the world economic downturn.

Madam Speaker, I wish to inform the House that the Government has implemented the following measures to ensure that fuel prices are affordable:

(i)    taxes on fuel prices have been reduced. For example, between 2008 and 2010, excise duty on diesel has been reduced from 30 per cent to 10 per cent and on petrol from 60 per cent to 36 per cent;

(ii)    a programme on improving efficiencies in the fuel delivery system such as the pipeline, refinery and the fuel terminal is being implemented; and 

(iii)    fuel depots to enable the bulk storage of petroleum products which is key to stabilising prices whenever there are changes on the international market are being constructed.

I thank you, Madam Speaker.

Mr D. Mwila: Madam Speaker, I would like to find out from the hon. Deputy Minister of Finance and National Planning what the Government has benefited if we can lose K450 billion from taxes in a short period of time.

Ms C. M. Kapwepwe: Madam Speaker, I will just say that this is a caring and concerned Government …

Hon. Government Members: Hear, hear!

Ms C. M. Kapwepwe: … which will ensure that, where there will be a very heavy impact on the ordinary citizens, action is taken. Sometimes, consideration has to be taken not only into the actual costs in money terms, but also other costs whose effects we have to mitigate, especially if there is an impact on the citizens.

I thank you, Madam Speaker.{mospagebreak}

GOVERNMENT HONOURS

640. Mr Imenda (Lukulu East) asked the Vice-President and Minister of Justice:

(a)        whether the Government honoured the people who:

(i)        composed the Zambia National Anthem;

(ii)        designed the Zambia National Flag; and 

(iii)        proposed the change of the name Northern Rhodesia to Zambia; and 

(iv)        what the names of the people at (a) above were:

The Deputy Minister of Justice (Mr Chilembo): Madam Speaker, the Government of the Republic of Zambia has not yet honoured the people who composed the Zambian National Anthem, designed the Zambia National Flag and proposed the change of name from Northern Rhodesia to Zambia.

These people have not been honoured probably because no one has recommended them for the Zambian honours and awards.

Madam Speaker, the procedure to follow is as follows:

(i)     the Secretary to Cabinet issues a circular each year to ministries, provinces, statutory bodies and commissions to request for recommendations. Attached to this is Form DFS4 which has to be completed by the recommender; 

(ii)    the Secretary to the Cabinet will then forward the forms to the Permanent Secretaries Committee on Honours and Awards shared by the Permanent Secretary Administration, Office of the Vice-President, to consider the applications; 

(iii)    the Permanent Secretary’s Committee then forwards its recommendations to the Cabinet Special Committee of Ministers called Independence Anniversary Celebrations Honours and Decorations Committee chaired by His Honour the Vice-President and Minister of Justice which, among other duties, advises the President on recommendations for civilian honours and awards; and

(iv)    upon the President’s approval, the names of the recipients are then gazetted and they are accordingly informed. They receive their awards on the Independence Day Anniversary or African Freedom Day Celebrations or any other State function.

The composer of the Zambian National Anthem is Enoch Mankayi Sontonga. He was born in 1860 and died in 1904. The words of the National Anthem were adopted and announced after a study of entries in the National Anthem Competition in 1964. No one entry was considered acceptable in its entirety, but the sentiments and themes of several entries were used in the final composite version. An award of £10 was made to each of the six authors whose entries were of particular value in the production of the National Anthem. The prize winners were Mr G. Ellis of Lusaka, Mr E. S. Musonda of Kasama, Mr J. M. S. Lichilana of Lusaka, Mrs I. Lowe of Luanshya, Mr J. Sajiwandani of Luanshya and Mrs R. J. Seal of Lusaka.

The designer of the Zambian National Flag is Gabriel Ellison, a writer and artist. The name Zambia was coined in 1958 when Mr Kenneth Kaunda and his friends broke away from the African National Congress (ANC) to form the Zambia African National Congress (ZANC). At that time, the whole area was known as Zambezia Region (Yambeji in Lunda, meaning big river). Though ZANC did not live long, the United National Independence Party (UNIP) adopted this name at the time of independence in 1964. 

Madam Speaker, I thank you.

Mr Imenda: Madam Speaker, I would like to find out from the hon. Deputy Minister whether he is aware that by not recognising these noble citizens, the Government is denying young Zambians a chance to know their history and, therefore, posterity will judge us harshly for not recognising those very important people.

Mr Chilembo: Madam Speaker, I have just explained the procedure which needs to be followed for great men and women of our country to be honoured. I appeal to the hon. Member and citizens in general to take this advice seriously and propose names of people they think should be honoured. We would like to honour our great men and women who have contributed greatly to this country.

I thank you.

Mr Mukanga (Kantanshi): Madam Speaker, is the hon. Minister aware that Gabriel Ellison’s design of the National Flag is different from the one we have or does the Government intend to go back to using the original design by Gabriel Ellison?

The Vice-President and Minister of Justice (Mr Kunda, SC.): Madam Speaker, the issue of the National Flag is something we are considering at the National Constitutional Conference (NCC) and, therefore, we have made strides in looking at this issue. However, there is no intention, at the moment, to go back to using the original design by Gabriel Ellison. At the moment, we have a National Flag, but if the members of the NCC decide to make changes to it and this is accepted by the Zambian people, then this will be done.

I thank you, Madam.

Madam Deputy Speaker: Next Question.

Mr Chisala: Madam Speaker, arising from the hon. Deputy Minister’s answer …

Madam Deputy Speaker: Order, hon. Member! I said next question. Ask your question on the Order Paper.

SAMFYA DISTRICT MEDICAL DOCTOR

641. Mr Chisala asked the Minister of Health why Samfya District Hospital had not had a medical doctor from the date it was established.

The Minister of Health (Mr Simbao): Madam Speaker, according to our records, there is no Samfya District Hospital yet. A new level one hospital is still under construction. What we have in Samfya is a level two health centre whose establishment does not provide for a medical doctor. The provincial medical office has, however, placed one doctor at Samfya from Lubwe Mission Hospital to attend to patients.

I thank you, Madam Speaker.

Mr Chisala: Madam Speaker, I am pleased that a medical doctor has now been sent to Samfya District. However, I would like to know when the theatre equipment will be dispatched to this district. 

Madam Deputy Speaker: Hon. Members must know that follow-up questions must be on the principal question. The issue of a theatre is not related to that of doctors. Maybe, the hon. Minister of Health may have an answer to that.

Mr Simbao: Madam Speaker, I really did not follow his question well. I am not sure whether he is talking about Chilubi or Samfya District. However, theatre equipment has already been delivered to Samfya District. We are just trying to finish preparing the rooms where it can be installed.

I thank you, Madam Speaker.

____________

MOTIONS

SUSPENSION OF STANDING ORDERS

The Vice-President and Minister of Justice (Mr Kunda, SC.): I beg to move that Standing Orders 20 and 21(1), if necessary, and Standing Order 101 be suspended to enable the House complete all business on the Order Paper and all matters arising therefrom and that, on such completion, the House do adjourn sine die.

Interruptions

Madam Deputy Speaker: Order!

The Vice-President and Minister of Justice: Madam Speaker, the current meeting of the House, which commenced on Tuesday, 29th June, 2010, saw the election of Hon. E. C. Mwansa, MP, as the new Deputy Chairperson of Committees of the Whole House.

Hon. Members: Hear, hear!

 The Vice-President and Minister of Justice: The House also welcomed two new hon. Members of Parliament, following by-elections in Mufumbwe and Milanzi Parliamentary Constituencies.

Madam, the House has been sitting for a total of twenty-four days today. During this period, 259 questions have been considered. The House also debated one Private Member’s Motion and eighteen Motions to adopt annual Parliamentary Committee reports. In addition, the House debated two Motions to adopt Select Committee reports on presidential appointments. Furthermore, eleven ministerial statements were presented to the House and thirty-four reports from Government and quasi-Government institutions were submitted and laid on the Table of the House. The House also considered twelve Government Bills.

Madam Speaker, in the light of all this business transacted by the House, allow me to thank all hon. Members of this august House for their dedication to duty and constructive and invaluable contributions during the conduct of business of the House. The House needs to take a break to enable hon. Members attend the final meeting of the National Constitutional Conference (NCC) …

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: … and to other equally important assignments in their constituencies.

Madam Speaker, I am aware that the 2010/2011 planting season will begin when the House will be in session. Therefore, it is important that hon. Members use the recess to prepare adequately for the planting season by ensuring that farming inputs are available in their various constituencies and distributed to the intended beneficiaries.

Madam, I further wish to urge hon. Members to use the recess to supplement and compliment the Government’s efforts in the supervision of various developmental projects going on in many parts of the country.

On-the-spot checks by the hon. Members and subsequent feedback to concerned ministries are cardinal as we endeavour to develop our nation. 

Furthermore, the country is preparing for the tripartite elections next year. In this regard, there is a need for the leaders, including hon. Members, to sensitise the communities on the on-going Voters’ Registration Exercise. Hon. Members have a pivotal role to play in supplementing the Government’s effort by conducting educational campaigns in their constituencies to ensure that all eligible citizens are registered as voters before the close of the voters’ registration period.

In the same vein, allow me to remind hon. Members of the forthcoming national census of population and housing. The success and failure of this exercise will depend, to some extent, on the active participation of hon. Members in information dissemination on this important national programme. Hon. Members should, therefore, use the recess to sensitise their constituents to facilitate the census exercise upon which the Government relies for national planning purposes.

As I conclude, I wish to commend the Hon. Mr Speaker, yourself, Madam Speaker, and the Deputy Chairperson of Committees of the Whole House most sincerely, for the efficient and impartial manner in which you guided the business of the House. 

Madam Speaker, let me also commend the Clerk of the National Assembly and her staff for the excellent service they continue to render to this House. Let me equally take this opportunity to express my gratitude to hon. ministers, deputy ministers and staff from the Office the Vice-President and other Government ministries for the support and assistance they have provided throughout the meeting.

Madam Speaker, I beg to move.

Hon. Members: Hear, hear!

Mr Lubinda (Kabwata): Madam Speaker, I support the Motion moved by His Honour the Vice-President. In so doing, let me join him in congratulating Hon. Earnest Mwansa, MP, on his election to that very important position.

On that same token, let me also congratulate Hon. Mkondo Lungu for accepting to move from the Legislative wing of Government to the Executive. Let me also congratulate my friends who have joined us, my colleague from Milanzi and, of course, my good friend from Mufumbwe. 

Today, I should also congratulate the UPND/PF Pact because this sitting has brought the UPND/PF Pact under a lot of ridicule by friends who were hoping that the pact will be announced dead before the House rises. I am proud to say that the pact has rolled up the storm and we shall go back to our constituencies to consolidate this as has been proved with the resounding results in one constituency where His Honour, the Vice-President, not too long ago, went and declared that the PF had died. The PF has proved that it is strong and with our colleagues in the UPND, the signs have been written in Chifubu for the things to come in 2011.

Hon. Opposition Members: Hear, hear!

Mr Lubinda: Let me, therefore, commend the people of Chifubu for proving our critics wrong.

Hon. Opposition Members: Hear, hear!

Mr Lubinda: The UPND/PF Pact is not dead. As a matter of fact, it is stronger than ever before.

Hon. Opposition Members: Hear, hear!

Mr Lubinda: Madam Speaker, let me also congratulate Hon. Charles Milupi. A lot of words were said against him that he was a very ineffective Member of Parliament because he did not speak for the people of Luena, and yet the people of Luena have said no to those words against him and next sitting, he will be here with us. Congratulations to him and shame upon those who are only prophets of doom for others.

Madam Speaker, let me also join His Honour the Vice-President and Minister of Justice in urging not only us Members of Parliament, but also people out there, during this recess, to focus on important national business. I want to pledge that for us, we will, indeed, contribute to a lot of important national business such as sensitising our people to participate in the forthcoming national census. We will also obviously go on encouraging our people to invest time and effort in producing food for this country. We hope that with the bumper harvest that will come as a result of the efforts of hon. Members of Parliament and the people they represent, will not go to waste. However, the Government during this recess will look at the Crop Marketing Programme so that, next year, the crop is bought timely for the benefit of the hardworking farmers of Zambia.

Madam Speaker, beyond that, I would like to say that we will also participate in encouraging our people to go and register as voters because that is cardinal. We want everybody to register so that they can use their vote when the time comes and the time for change is only soon.

Madam Speaker, as I support this Motion and agreeing with His Honour the Vice-President and minister of Justice, I shudder to imagine what my colleagues Hon. Gerry Chanda, Hon. Sinyangwe, Sampa-Bredt, those from the Southern Province and I will go and say to the people when we are asked, “We had floods last year, what have you from Parliament brought to us to mitigate against the impact of these floods? What have you done to ensure that the people in Chawama are not re-located to temporary shelters at the Independence Stadium?”

I wonder what I shall say to the people of Kabwata when they ask me, “How come you went to Parliament and His Honour the Vice-President, in adjourning Parliament, did not say what programme they have put in place to ensure that the devastation of floods is avoided?” How I wish His Honour the Vice-President and Minister of justice took time to inform the people of Lusaka and Zambia as a whole the kind of programmes that they have put in place because, as we celebrate the bumper harvest, we must know that it comes as a result of good rains. However, unless the water that comes as a result of those good rains is properly managed, it leads to the suffering of many people. Therefore, it is the duty of this House to ensure that the suffering of the people is minimised. 

The Government has been making statements that people must be relocated to higher land, but what is it that the hon. Ministers of Local Government and Housing and Lands have done to open up new land so that people who live in flood-prone areas can go and access higher land.

Madam Speaker, the hon. Minister of Livestock and Fisheries Development is asking me what I have done. Let me just explain that hon. Members of Parliament representing constituencies in Lusaka made submissions to the Lusaka City Council for onward delivery to His Honour the Vice-president and Minister of Justice. We have come up with a clear-cut proposal, indicating the amounts of money that are required by the Lusaka City Council for us to avoid flooding in Lusaka, hon. Minister. 

Madam Speaker, if the hon. Minister for Livestock and Fisheries Development wishes to know, we have not received a response from his fellow learned lawyer to date. 

The question that the people of Lusaka ask is whether you are going to relocate all the people of Kamwala when the area gets flooded this year. Where will you take them to? These are the questions that the people would like answers to.

Madam, I wonder why we plan as though we think that rain will not come. On one hand, we encourage people to go and invest in farming because we hope there will be good rain and on the other, we do not even plan for the resultant floods that are killing our people. 

Madam, another matter I would like to talk about, which His Honour the Vice-President and Minister of Justice referred to is about hon. Members supervising projects. I have been a victim of criticism for my debate here. Some hon. Ministers have chosen to go to radio stations and said, “Let Lubinda go to hell,” because of my debate on the Floor of this House. My debate has always been to urge the Hon. Minister of Works and Supply to inform the people of Kabwata when the construction of the 25.5 km road network would be completed. 

It would be recalled that around about August or September last year, I raised the concern about the K8 billion that was released by the Road Development Agency (RDA) to a contractor called Raven Worx. The contractor used the K8 billion to grade and gravel roads. By the time of the rainy season, nothing more than just gravelling had been done and all the gravel that was put on those roads was washed away to an extent that the contractor, this year, had to redo the work. At whose cost was this done? This was at the cost of the taxpayer. Whereas the contract sum was K32 billion as at March, 2008, the allocation in the work plan of the RDA for those same roads in 2010 is only K16 billion. Ever since April, 2010, no work is being completed. To date, the contractor is still gravelling roads and, within a month, we shall have rain. If the roads are not tarred, how shall we protect that gravel that is being put on those roads? I was hoping that, today, as we rise, the hon. Minister of Works and Supply would indicate to the people of Kabwata Constituency when he hopes the 25.5 km link roads in Kabwata will be completed. 

I would like also to inform His Honour the Vice-President and Minister of Justice and through you, Madam, the hon. Minister of Works and Supply, that the roads we are talking about in Kabwata are not for the Member of Parliament. Unlike what the hon. Minister of Works and Supply said when he appeared on one radio station that the MP does not come to visit my office, it is not a requirement for a Member of Parliament to go to the office of a Minister for a Government project to be undertaken. It is the duty of the Government to perform irrespective of whether a Member of Parliament goes to the office or not. 

Mr Shawa: Question.

Mr Lubinda: What is it that the hon. Minister would like me, today, to go and discuss with him at his office when he already has the RDA to do the work?

Mr Nkombo: He wants you to patronise his office.

Mr Lubinda: Yes, indeed, is it his intention to patronise me? No, I do not want to be patronised due a Government project.

Mr Shawa: Question.

Mr Lubinda: Madam, it is through this House that we present the views of our people and to be told all the time to go the office is as though this Parliament has become irrelevant. When we raise matters in this House, it is because we know this is the channel provided for us to speak on behalf of the people we represent and Government Ministers must hear what we say here and not say to our people that the roads in Kabwata are not being completed because the hon. Member of Parliament refuses to come to my office. Therefore, he must go to hell. Why should I be condemned to hell by one Minister? What right has he to condemn me to hell? 

Madam Deputy Speaker: Order! 

The hon. Member will end up raising issues that he could have raised elsewhere because this debate can degenerate into who said what and an argument ensues. The hon. Member may continue to debate with that consideration that it is not what you do out there that matters.

You may continue.

Mr Lubinda: Thank you for your guidance, Madam, and I will stay away from that issue. However, I will appeal to His Honour the Vice-President and Minister of Justice and also the hon. Minister of Works and Supply to kindly provide information on the actual work programme to complete the tarring of the 25.5 km road network in Kabwata Constituency before the House adjourns sine die today. That road network is extremely crucial for not only the people of Kabwata but also the people of Zambia.

As you are aware, Madam, Cairo Road is congested because all traffic that goes past Lusaka has to go through Cairo Road. Even a person who is driving from the airport to Mazabuka will have to go through Cairo Road, and yet the ring roads that we are talking about would divert some of that traffic so that the Lusaka Central business district is decongested. May I request that, please, unlike what happened last year where K8 billion of people’s money was washed away by rain because of recklessness, let us save the money this year that has been used on those roads and the only way to do this is to ensure that we tar the roads.

Madam, another matter I would like to refer to is schools in Kabwata Constituency. I have written several letters to the Ministry of Education informing them about the dilapidation of some of the schools. I have to say thank you very much because, when I complained about water bills at one school, the Lusaka Water and Sewerage Company reconnected supply and the ministry quickly moved in and paid the bills. Nonetheless, the schools are still in a very dilapidated state. It is one thing to come here and say we are building schools, but it is another to say we are providing quality education even in old schools. There are twelve schools in Kabwata Constituency without window panes and working toilets and this is totally unacceptable. However, I hope that, as we rise today, the hon. Minister of Education will give us responses to the numerous letters that we have written to her ministry, for instance, concerning schools such as Lusakasa Basic. This is a school that has more than 600 pupils, but has no functioning toilets. We also have a school like Kabwata with more than 800 children, and yet the sewer system there collapsed more than two years ago. What is it that is going to happen? Should the Lusaka City Council go there and close the schools?

Mr Daka: CDF!

Mr Lubinda: My good friend the hon. Minister responsible for pigs and goats has said that we should continue using the Constituency Development fund (CDF). Should we continue using this? If we are going to use the CDF for projects such as that one, are we saying that the CDF is now taking over Government? Should we get all the money from the ministries and give it to the CDF? I do not think that is the intention. The intention of the CDF is simply to undertake those minute projects in our constituencies which would not be taken up by ministries. These big projects are supposed to be financed and facilitated by the Government ministries.

Finally, I appeal to my colleagues that, when we come back for the next sitting, please, may we come here with a desire to use this House to debate and not ridicule each other. There were several moments in this sitting where there was a lot of animosity created which was totally unnecessary. I hope that, as we come next sitting, all of us in this House will realise that we are here to serve one purpose and that is to represent the people who sent us here as their representatives.

Madam, let me end by, again, thanking His Honour the Vice-President and Minister of Justice for this Motion which I support.

I thank you, Madam.

Madam Deputy Speaker: Hon. Members, be aware that this Motion must be concluded in a few minutes’ time. Therefore, if any hon. Member wants to exhaust their time, I may only have one speaker. I, therefore, urge hon. Members to be a little generous to others with  regard to time.

The Minister of Works and Supply (Mr Mulongoti): Madam Speaker, I respect your guidance. 

Allow me to respond to some of the issues raised by the hon. Member for Kabwata, who appears to be very excited by the Chifubu results.

Laughter

Mr Mulongoti: Madam Speaker, we were trying to grab the Chifubu seat from the Patriotic Front. 

Hon. PF Member: No! Yali yenu.

Mr Mulongoti: They are like a person whose throat is being squeezed, but is fighting for survival. If they had lost, it would have been a disaster for them. We were trying to add to our numbers. Therefore, their celebration is just a consolation because they escaped by a whisker.

Laughter

Mr Mulongoti: We participated in the election for a seat that belonged to them. There has been an increase in the number of people who voted for us this time round. 

Hon. PF Members: Aah!

Mr Mulongoti: I do not think they can boast so much. However, this time around, we almost got the seat, but they can continue to celebrate.

As for our brothers in the United Party for National Development, we wish you good luck next time. Luena Constituency has been a disaster for you.

Laughter

Mr Muntanga: What about you?

Mr Mulongoti:  We are trying to add to our numbers, but we are still comfortable. The issue of hon. Members of Parliament working with hon. Ministers is imperative because we need to work together. Hon. Lubinda feels hurt to be invited to discuss the finer details. He is not willing to have intellectual discourse in our offices so that the details he knows are also made available to the Government. He is only comfortable to stand on the Floor of the House and criticise.

Mr Lubinda: Ndiwe supervisor chabe!

Mr Mulongoti: It is extremely unfortunate. However, for us, the doors are open because we are a responsible Government that wants to develop Lusaka together.

Hon. Lubinda, I hope you are not the only one who is not aware that there was a withdrawal of funds from our co-operating partners and that disturbed our programmes. A decision was made to work on the roads in Lusaka and, if you recall, His Honour the Vice-President and Minister of Justice launched …

Madam Deputy Speaker: Order!

 Speak through the Chair, hon. Minister.

Mr Mulongoti: Madam Speaker, His Honour the Vice-President and Minister of Justice launched the Lusaka City Master Plan that was prepared with the help of the Japanese International Co-operation Agency (JICA) at the Mulungushi International Conference Centre where the issue of ring roads and other infrastructure where very well articulated. Hon. Lubinda, who sits on the Lusaka City Council, should be in the forefront of pushing that agenda. However, when I ask him as an authority in the development of the city that his programme and ours dovetail, he says I am patronising him by ordering him to come to my office. Surely, there are many other people we can deal with if he does not want to deal with us. Therefore, do not complain if we do not do the things that you want us to do.

We want you to behave in a charitable manner because that is the only way we can work together.  We enjoy it when an hon. Member of Parliament comes to discuss developmental issues with us. However, others do not want to discuss development with us. They would rather go to Muvi Television or Radio Phoenix and sound very clever. We do not want that. Come and discuss with us first of all because that is the only way we can develop. 

Madam Speaker, I know that some of our colleagues are already panicking over next year. I hope they can find time to go and discuss issues of development with their constituents. I have travelled to most of the constituencies and the situation on the ground is different from the impression being created on the Floor of the House that no development is taking place. To those of us who are implementing these projects, the people are saying that they have seen what we are doing. We know you are playing politics.

Hon. Muntanga, your constituency is very well supported.

Mr Muntanga: How?

Mr Mulongoti: There is even a Bill to support the animals.

Laughter

Madam Deputy Speaker: Order!

Mr Muntanga: On a point of order, Madam.

Madam Deputy Minister: A point of order is raised.

Mr Muntanga: I thank you, Madam Speaker. Is the hon. Minister in order to talk about my constituency being served well when he has failed to grade the roads from Kalomo to Chikanta and Zimba to Munkolo despite us having begged him to do so? 

Madam Deputy Speaker: The hon. Minister may continue with that in mind.

Mr Mulongoti: Madam Speaker, yesterday, the hon. Member sent me a message to congratulate the Government on coming up with the Animal Health Bill. I am just reminding him of how progressive this Government is.

Hon. Government Members: Hear, hear!

Mr Mulongoti: I am also aware that the equipment under the Rural Roads Unit (RRU) is in his constituency. Last year, he stuck to it like a flee on an animal.

Laughter

Mr Mulongoti: He has done the same this year.

Madam Deputy Speaker: Order! 

That remark must be withdrawn. It is unacceptable. There should be no examples of flees on animals.

Mr Mulongoti: Madam Speaker, I am sorry. It is just that my English was failing me.

Laughter

Mr Mulongoti: I was just trying to say that the hon. Member for Dundumwezi and I were discussing the use of the equipment in the Southern Province and he bemoaned the fact that the hon. Member for Kalomo Central, again, has clung to the equipment using his stature.

Laughter

Madam Deputy Speaker: Order!

Laughter

Mr Muntanga: On a point of order, Madam.

Madam Deputy Speaker: The hon. Minister should remember that we do not debate ourselves and stature is not part of this Motion.

Mr Mulongoti: Madam Speaker, I was just reminding the hon. Member that when we do good things, he must continue to praise us.

Madam Speaker, we have made friends in this House. I am grateful that a lot of hon. Members in the House will develop relationships that will help this country to develop. Of course, there are those others whose language I do not know whether it is …

Hon. Member: In-born.

Mr Mulongoti: Is it in-born? They use language that makes one feel very unhappy. I am usually attacked by the hon. Member for Kabwata on the Floor, but when we meet on the street, he is very friendly. I begin to wonder why, instead of discussing development here, he would rather attack me on the Floor. When we meet elsewhere and I expect us to sit and discuss details of how we are going to develop Lusaka, he is not available.

Madam Speaker, we will continue to be charitable to those who are charitable to us so that we can push our development agenda together.

Madam Speaker, those hon. Members who fraternise with others outside and think that they can develop their constituencies without these people on the right, are not being fair to themselves.

The people who have been given the power to disburse funds and to plan with you are on the right side of the House. So, please, there is no where else you can go and seek help other than from us.

 During this break, Madam Speaker, we are inviting all hon. Members of Parliament who are willing to find time to see us so that we can finish the development projects we started because time is running out. 

If you insist that you do not want to see us, we will support those who want to work with us. Do not spend time just celebrating things that are irrelevant. Celebrate success in the number of projects that you are able to take to your constituencies. 

Hon. Government Members: Hear, hear!

Mr Mulongoti: For us, as a Government, we have our annual work plan that we are following and I can assure you that we are on course. At the end of the day, no matter what you say on the Floor of the House, you will not remove the schools we have built, break the bridges, clinics and hospitals that we have constructed and also the number of staff that we have employed in the Civil Service. 

Madam Speaker, therefore, our pride is that, we have been a working Government.

Hon. Government Members: Hear, hear!

Mr Mulongoti: No matter what the Opposition says, we are a working Government.

Hon. Government Members: Yes!

Mr Mulongoti: In fact, it will not be long before we begin to visit your constituencies so that we tell the people of Zambia that the schools in their areas have been built by the Government.

Hon. Government Members: Hear, hear!

Mr Mulongoti: If anybody is claiming that they constructed a school, they are being deceitful. It is only the Government that can deliver and the duty of the Opposition is to bring to the attention of the Government the projects that must be developed. Do not go out there and claim that you built a particular school because you have taken nothing to your constituencies. You brought to the attention of the Government the needs in your constituencies and it delivered. 

Madam Speaker, therefore, in saying farewell for the few weeks that we will be away, I would like to say that, when we meet next, I want to hear constructive suggestions. Let hon. Members say that they visited their constituencies and this is what they found not being done properly and not just complaining on the Floor of the House.

Hon. Government Members: Hear, hear!

The Vice-President and Minister of Justice: Madam Speaker, I wish to thank all the hon. Members for supporting this Motion.

I thank you, Madam.

Question put and agreed to.{mospagebreak}

FIFTH REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE REPORT OF THE AUDITOR-GENERAL ON THE ACCOUNTS FOR THE FINANCIAL YEAR ENDED 31 DECEMBER 2008 FOR THE FOURTH SESSION OF THE TENTH NATIONAL ASSEMBLY

Mr Hachipuka (Mbabala): Madam Speaker, I beg to move that the House to adopt the fifth report of the Public Accounts Committee on the report of the Auditor-General on the accounts for the financial year ended 31st December, 2008, for the Fourth Session of the Tenth National Assembly laid on the Table of the House on 5th August, 2010.

Madam Deputy Speaker: Is the Motion seconded.

Mr Msichili (Kabushi): Yes, Madam Speaker.

Mr Hachipuka: Madam Speaker, your Committee, in line with its terms of reference as specified in the National Assembly Standing Orders, considered the report of the Auditor-General on the accounts for the financial year ended 31st December, 2008.

Madam Speaker, in addition to considering submissions from controlling officers, your Committee also undertook a tour of the Zambian High Commission in New Delhi to verify submissions that the controlling officer at the Ministry of Foreign Affairs made on the queries that the Auditor-General raised with respect to the mission. Your Committee also toured the Office of the Auditor-General of Zambia to familiarise itself with the operations of the office.

Madam Speaker, I have no doubt that hon. Members have read the report of your Committee including Appendix I of the report on outstanding issues. Based on that, let me highlight some issues that your Committee considered cardinal.

Madam Speaker, I will begin by commending the Auditor-General for continuing to perform to expectation. The audit report on the accounts of the Republic for 2008 was, once again, submitted to Parliament on time in accordance with the requirements of the law. I can proudly state that the Public Accounts Committee, under the current laws, is up to date in considering audit reports.

Madam Speaker, let me also commend the hon. Minister of Finance and National Planning and the Secretary to the Treasury for ensuring that the financial report on the accounts for the financial year ended 31st December, 2008, was tabled on time for the first time in the last four years. I would like to urge the hon. Minister to ensure that this achievement is sustained.

Madam Speaker, still on the financial report, there is a need to improve on the accuracy of the information presented in the report. This is a public accounts document and there are other stakeholders interested in the information contained therein. It is, therefore, imperative that the information presented is credible.

To give a little detail on the matter, general budget support received K276.8 billion from three co-operating partners. This was confirmed by the Ministry of Finance and National Planning and was captured in the financial report as K332.2 billion. Furthermore, support to projects, roads and health programmes received in the sum of K301.5 billion, from the same three co-operating partners (German, European Union and Norway) was not captured in the financial report.

This does not only relate to donor funds. There were also inconsistencies in some of the reported domestic revenues. For example, actual collections of fees under the Judiciary in the year under review was K4,924,057,672. However, what was reflected in the financial report was K5,131,771,198.

Madam Speaker, this is a clear indication that there is a need for further improvement in the presentation of accurate figures in the financial report.

Madam Speaker, let me also comment on the budget performance in the year under review, 2008.

Madam Speaker, the poor performance in revenue collection continued in 2008. The deficit in revenue collection was K1.3 trillion. Of this amount, the deficit on local revenue was K190.6 billion, while the deficit on donor support was K1.1 trillion. This brings me to the concern of your Committee that the size of the surplus or deficit in revenue collections is, to a large extent, determined by the good will of the co-operating partners. Your Committee has, therefore, reiterated its recommendation that the Ministry of Finance and National Planning should consider revising the way donor support is disclosed in revenue estimates in the budget.

Madam, during your Committee’s interaction with controlling officers, three major concerns were raised by revenue-generating institutions as follows:

(i)    when the Ministry of Finance and National Planning revised revenue targets, the concerned institutions are not consulted;

(ii)    ministries come to learn of “refer to drawer cheques” through the Auditor-General. The flow of information on “refer to drawer cheques” is poor, leading to delays in having them replaced; and

(iii)    ministries, in recent times, have not been receiving bank statements from the Bank of Zambia for them to confirm that their revenue was credited to Control Ninety-Nine Account.

Your Committee, therefore, recommends that the Secretary to the Treasury should urgently look into these matters and take corrective action.

Madam Speaker, your Committee observed that the Government recorded an unusual high excess expenditure, in the recent past, of K250 billion. This was unusual when compared to K192.5 billion in 2007, K8.6 billion in 2006 and K83.3 billion in 2005. Your Committee observed that this was mainly caused by administrative lapses in that controlling officers either did not apply for supplementary provisions with no funds attached for retained funds from 2007 or did not submit inter-departmental clearance vouchers.

Your Committee, therefore, recommends that the controlling officers concerned should be cautioned for the lapses. On under expenditure, your Committee observed that there was an improvement in 2008, in that the under expenditure, as a percentage of the total authorised budget, was 21.1 per cent compared to 23 per cent in 2007, 29 per cent in 2006 and 33 per cent in 2005. However, when actual expenditure is matched against budget releases, there was a negative absorption capacity of 2.6 per cent. This shows that ministries, provinces and spending agencies were not able to spend all the funds released by the Treasury by the close of the fiscal year under review. 

Madam Speaker, as hon. Members of this august House will have noticed, the Auditor-General did report that imprest outstanding, as reflected in the Financial Report for 2008, was K445 billion. This was an abnormal amount to remain outstanding. Your Committee was comforted by the assurance by the Secretary to the Treasury that the ministry would carry out an analysis of the outstanding imprest to determine which type was worst affected so that appropriate corrective measures can be put in place.

Madam Speaker, your Committee, therefore, urges the hon. Minister of Finance and National Planning to ensure that this figure on unretired imprest is reduced. This can be done. There are institutions mentioned in the Audit Report that have managed to control the issue of imprest such as Ministry of Science, Technology and Vocational Training, the Office of the President – Eastern Province Administration and the Zambian Mission in New Delhi.

Mr Speaker, the top five irregularities, going by the attendant figures in the year under review, were as follows:

(i)    non submission of expenditure returns – K35 billion. This is an irregularity that is taking root in the Public Service and needs to be curbed. The more the expenditure returns are delayed, the less authentic the information that is provided. There is a need for controlling officers to be taking stern action against any institution under their charge that does not submit expenditure returns on time;

(ii)    unvouched expenditure – K28 billion. Your Committee is of the view that this goes beyond the usual excuse of poor record keeping. This may be a way of covering trail;

(iii)    irregular payment – K27 billion;

(iv)    unretired imprest – K21.4 billion; and

(v)    unaccounted for stores – K20.8 billion.

Madam Speaker, your Committee observes a remarkable improvement in the year under review on misappropriation of funds and revenue. Cases cited in the Audit Report only involved K70 million. This is a commendable achievement.

Madam Speaker, your Committee cannot comprehend how controlling officers fail to effect recoveries on loans and advances from staff. This is a straight forward matter and should not be in the Auditor-General’s Report. In the institutions mentioned in the Audit Report, advances and loans amounting to K5 billion were not being recovered. Your Committee urges the Ministry of Finance and National Planning to urgently address this issue.

Mr Speaker, the Public Finance Act of 2004 and the Financial Regulations of 2006 are very clear on the procedure to vary funds. It is, therefore, dismaying to note that there are still cases of misapplication. Most of the misapplications are as a result of internal borrowings with the hope of reimbursing. Unfortunately, there is a new practice that has emerged of making reimbursement beyond a fiscal year. Under the current budgeting system, it is not possible to make a provision of repaying money borrowed from one vote to another. This can only be done at the expense of other activities in that particular year. There is, therefore, a need for the Budget office in the Ministry of Finance and National Planning to discourage internal borrowing and direct controlling officers to be applying for authority to vary funds. 

Madam Speaker, I did mention that your Committee undertook a tour of the Zambian Mission in New Delhi. The mission has taken corrective measures on most queries that that the Auditor-General raised in the 2005 and 2008 Audit Reports.

However, there are issues regarding property. The mission is renting both the Chancery Building at US$22,000 per month and official residence at US$7,000 per month. The Zambian Government only owns one property which is in a dilapidated state and cannot be used. There are two views on the property that it be pulled down and another rebuilt or have the existing building rehabilitated and used as a chancery. 

Madam Speaker, your Committee supports the idea that the building be transformed into a Chancery Building to save on the high rentals. However, the building should not be pulled down, but rehabilitated as the structure is still solid.

Madam Speaker, on behalf of all members of your Committee, I wish to thank you and the Office of the Clerk of the National Assembly for supporting the work of your Committee during the Fourth Session of the Tenth National Assembly. Your Committee had a very tight schedule to consider audit-reports. However, with the resolute membership, the tasks were successfully concluded, hence the Fifth Report before the House.

Madam Speaker, I also wish to thank all the witnesses who appeared before your Committee to clarify issues in the Audit Report. I further, wish to thank the High Commissioner and all mission staff at the Zambia High Commission in New Delhi for their co-operation and for facilitating the visit of your Committee to the Parliament of India and the Office of the Controller and Auditor-General.

Last, but not the least, your Committee wishes to acknowledge the valuable input of the office of the Auditor-General and that of the Accountant-General when considering submissions from witnesses.

Madam Speaker, I beg to move.

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

Mr Msichili: Now, Madam Speaker.

Madam Speaker, I wish to second the Motion urging this august House to adopt the Fifth Report of the Public Accounts Committee on the Report of the Auditor-General on the accounts for the financial year ended 31st December, 2008 for the Fourth Session of the Tenth National Assembly. In doing so, it is not my intention to repeat what the Chairperson of the Public Accounts Committee has said although I would have loved to do so as they are quality points. I will, therefore, confine my thoughts mainly to the follow-up actions to the recommendations of your Committee. 

Madam Speaker, before I do that, I wish to comment on some irregularities which made sad reading in the Audit-Report of the Accounts for 2008. This House will recall that during the deliberations on the Report of the Public Accounts Committee on the Audit Report of the Road Development Agency (RDA), mention was made of the over commitment on road projects, which was as a result of basing expenditure on the Medium Term Expenditure Framework (MTEF). A similar case was reported under the Zambia Police Force when it committed the Government by K3.8 billion on the purchase of motor vehicles. This was as a result of basing their expenditure on MTEF.

Madam Speaker, it appears that MTEF is not properly understood. Before the problem of over commitment escalates, the Ministry of Finance and National Planning needs to embark on a fresh orientation programme on MTEF so that the framework can be understood in its proper context. 

Still on the issue of motor vehicles, there are two peculiar cases on the purchase of motor vehicles. One was under the police and the other under the Ministry of Local Government and Housing. 

Under the Zambia Police, thirty-one vehicles were purchased at a total cost of US$932,750. Your Committee has no problem with the reason that vehicles were needed for the presidential election in 2008. However, the manner in which the procurement was done raises a lot of questions. To start with, the make of vehicles was one that has never been tested in Zambia before. As a result, by June, 2009, six months after the close of the year, fifteen of the vehicles were not running and needed an additional K146 million to be repaired. 

Secondly, before the contract was signed, the vehicles were delivered. As I earlier stated, this raised a lot of suspicion, particularly that public funds were involved. One cannot rule out the view that this was a pre-determined procurement. 

Madam Speaker, the other case is the famous purchase of 100 hearses. Again, it is not the decision to purchase the hearses that is under question, but the make of the vehicles and the circumstances surrounding the purchase. As hon. Members will observe in the report, the different prices between the preferred supplier of the vehicles and those two well-known competitors ranged between US$365,100 and US$492,000. Even though these were higher, they were the prices for tested makes of motor vehicles. The House has dealt with this issue before and it is not my intention to open past debates. 

Your Committee, therefore, recommends that controlling officers should be considering issues of durability when making such purchases. The nation should be getting value for every Kwacha spent. 

Madam Speaker, on the motor vehicle loan facility for chiefs, it is not clear why the Government is delaying to effect recoveries. The assurance to the nation was that these were loans and needed to be recovered. This has not been done, resulting in the audit queries. The Government needs to come up with a clear position on the motor vehicles that were bought for the traditional leaders. 

Madam Speaker, let me now turn to the follow-up actions on the recommendations of your Committee. As hon. Members will note, the report before the House has an Appendix No. 1 on outstanding issues. 

Madam, out of the 196 recommendations made in the Report of the Public Accounts Committee on the Audit of 2007 Accounts, only 28, representing 14 per cent were fully addressed and 168 representing 86 per cent remain outstanding. When outstanding issues from other reports are taken into account, the figure improves a little in that out of the total 703 outstanding issues, 394 representing 56 per cent have been fully addressed and 309 representing 44 per cent remain outstanding. Unfortunately, the numbers are bound to go up with the inclusion of the issues for the 2008 accounts. 

Madam Speaker, the reasons that your Committee identified as causing matters to remain outstanding for longer periods include:

(i)    some cases are before courts or still under investigation by either the police, Drug Enforcement Commission (DEC) or the Anti-Corruption Commission (ACC);

(ii)    delays by controlling officers to take corrective action;

(iii)    the Auditor-General is unable to carry out verifications, as documents are not readily available despite controlling officers having stated that these were available. I think that, on this issue, your Committee will apply tougher sanctions on officers in future because some of these issues have really been long outstanding. The famous Cap. 12 may be evoked; and 

(iv)    poor record keeping leading to complete failure to locate supporting documents and payment vouchers.

Madam Speaker, your Committee has, therefore, recommended that the Secretary to the Treasury ensures that audit committees in the various Government institutions impress upon controlling officers to be acting on recommendations of your Committee. In addition, controlling officers who delay in reporting progress should be censured. I have no doubt that the next Public Accounts Committee will ensure that the controlling officers, who may have intentionally provided wrong information on the status of the queries, are appropriately dealt with. 

Madam Speaker, let me end by joining the mover of this Motion in praising fellow Members of the Committee for managing to successfully conclude the programme of work within very limited time. 

Madam Speaker, with these few words, I beg to second.

(The Minister of Agriculture and Co-operatives (Mr Daka) on behalf of the Minister of Finance and National (Dr Situmbeko)): Madam Speaker, I would like to thank the Members of the Public Accounts Committee for tabling before the House a conclusive report on the Report of the Auditor-General on the Accounts for the Financial Year ended 31st December, 2008.

On the Outturn and Appropriation of Accounts, the Chief Controlling Officer, under the Public Finance Act, who is the Secretary to the Treasury did endeavour to abide by the provisions of Article 118 (1) of the Constitution and did produce the accounts within nine months after the end of the financial year. 

On the observations and recommendations made by the Committee under paragraph 7, with my assistance, the Secretary to the Treasury will ensure that corrective measures are put in place to avoid similar queries in future. 
    
Madam Speaker, the Committee’s recommendation is welcome and the Government, through my ministry, shall engage all the co-operating partners on the need to indicate the actual pledges to be fulfilled in the Budget for each financial year as opposed to the current situation.

The technical lapses observed by the Committee shall be attended to through the normal engagement between controlling officers and the Secretary to the Treasury.  I will, therefore, be preparing and presenting before this august House, the Excess Expenditure Appropriation Bill to normalise the expenditure as provided for under Article 117 (5) of the Republican Constitution.

The Government, through the Office of the Secretary to the Treasury, will soon be putting in place effective measures to monitor all controlling officers on the management of imprest. 

Madam Speaker, on the issue of the revenue; the Committee’s recommendation on the corporate tax, I wish to inform the House that my ministry has started implementing the debt swap between the Government, parastatal bodies and the Zambia Revenue Authority (ZRA). To this end, a total of K203 billion was settled through a swap on behalf of Zambia Electricity Supply Corporation (ZESCO) and K26 billion on behalf of Zambia National Building Society.

Madam Deputy Speaker: Order!

Business was suspended from 1255 hours until 1430 hours.

[MADAM DEPUTY SPEAKER in the Chair]

Mr Daka: Madam Speaker, before business was suspended, I was about to start talking about the general audit of ministries and provinces

Madam Speaker, from the report before the House, a total of 622 observations were made, 221 cases were closed and 401 remained outstanding, representing 36 per cent closed cases and 64 per cent of outstanding cases. To this effect, follow-up action will be undertaken by the Accountant-General and an action-taken report in the form of a Treasury minute shall be brought before this House within sixty days from today. This action-taken-report will provide updates to resolve the 64 per cent of the outstanding issues.

Madam Speaker, I would also like to thank the sub-committee on outstanding issues which took time to deliberate on matters that had remained outstanding from the previous reports. This report is Appendix 1 to the report before you. It is in response to paragraph 95 of the Auditor-General’s Report. A total of 703 cases were considered out of which 394 were closed, representing 56 per cent and 309 remained unresolved, representing 44 per cent. The ministry shall continue to press upon controlling officers to provide solutions to all unresolved issues from the previous reports and the report before you.

Based on the above statistics provided, I wish to thank the Chairperson of the Committee, the Auditor-General and all the other Committee members for highlighting various weaknesses in the management of public funds. I hope your Committee will continue providing the necessary guidance to my Government to improve on the management of public funds.

 I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Mr Hachipuka: Madam Speaker, in thanking the hon. Members for the overwhelming support of this report, I also would like to urge them to find time to read it.

 I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Question put and agreed to.

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE TO SCRUITINISE THE PRESIDENTIAL APPOINTMENT OF MR MUBANGA MWENIWEINGWE KONDOLO TO SERVE AS SOLICITOR-GENERAL 

Mr Nkombo (Mazabuka Central): Madam Speaker, I beg to move that this House do adopt the Report of the Select Committee appointed to scruitinise the Presidential appointment of Mr Mubanga Mweniweingwe Kondolo to serve as Solicitor-General of the Republic of Zambia laid on the Table of the House on 5th August, 2010.

Madam Deputy Speaker: Is the Motion seconded:

Ms Imbwae (Lukulu West): Madam Speaker, I beg to second the Motion.

Mr Nkombo: Madam Speaker, the appointment of Mr Mubanga Mweniweingwe Kondolo is made pursuant to Article 55 (1) of the Constitution, Chapter 1 of the Laws of Zambia, which states that:

“There shall be a Solicitor-General of the Republic whose office shall be a public office and who shall, subject to ratification by the National Assembly, be appointed by the President.”

Further, Article 55 (2) provides that:

“A person shall not be qualified to be appointed to the Office of Solicitor-General unless he is qualified for appointment as a judge of the High Court.” 

Madam Speaker, in its deliberations, your Committee was guided by the fact that the Solicitor-General, as the second law officer of the State and public servant, plays an important role in enhancing good governance. In view of this, your Committee held the view that persons to occupy the office should not only be competent, but also of integrity.

Madam Speaker, your Committee was also of the view that the Solicitor-General should be a fearless advocate of justice for all and courageous in defending the rule of law even in the face of resistance from the political leadership in power. Further, the Solicitor-General should be independent in thought, in deed as well as professionally able to discharge his/her duties regardless of the status of persons who approach the office.   

Madam, in view of the foregoing, your Committee, in scrutinising the nominee’s appointment, took into account the need for the nominee to have the highest levels of competence, eminence, integrity, efficiency and diligence. Further, the Committee assessed the suitability of the nominee by scrutinising his curriculum vitae and all information submitted to it by the State investigative agencies and relevant professional bodies.

In terms of constitutional requirements, your Committee analysed the provisions of the appointment of the Solicitor-General as contained in Article 55 (2) of the Constitution, Cap. 1 of the Laws of Zambia.

Madam Speaker, all the State security agencies, which included the Zambia Police Force, the Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC), assured your Committee that the nominee had no adverse reports against him in relation to criminal activities, drug trafficking, money laundering, drug abuse and corrupt practices.

Madam, your Committee also interacted with professional bodies and stakeholder institutions, namely the Human Rights Commission, Law Association of Zambia (LAZ) and Transparency International Zambia (TIZ), which, among others, gave your Committee an opportunity to understand and appreciate the professional and career progression of the nominee. These institutions all supported the appointment of the nominee as a person who is qualified and of integrity and, as such, competent to satisfactorily perform the duties of Solicitor-General.

Your Committee further had an opportunity to interact with the hon. Minister for Presidential Affairs who represented the appointing authority. Apart from showing that the nominee was qualified in terms of constitutional requirements, your Committee were informed of the nominee’s vast legal experience, which made him a suitable candidate for appointment as Solicitor-General of the Republic.

This will enable him to positively contribute to the governance of our country in the position he is being appointed.

Furthermore, your Committee observed that the nominee, having worked for the Government in the Ministry of Justice for a long time, had demonstrated his ability and preparedness to serve in the Civil Service. The nominee, therefore, understood the intricacies of the position of Solicitor-General and this will assist him to succeed in his functions once appointed.

Madam Speaker, your Committee, after due and thorough evaluation of the evidence presented to them by the witnesses and the appointing authority and their subsequent interview with the nominee, finds the nominee suitably qualified for appointment as Solicitor-General.

In view of the foregoing, your Committee highly recommends that the House do ratify the appointment of Mr Mubanga Mweniweingwe Kondolo to serve as Solicitor-General of the Republic of Zambia.

In conclusion, your Committee wishes to place on record its gratitude to you, Madam, the Speaker of the National Assembly, for allowing the Members to serve on this very important select committee. Allow me also, to thank the Office of the Clerk of the National Assembly for the services and advice rendered during your Committee’s deliberations.

Your Committee’s gratitude also extends to the State security investigative agencies, professional bodies, and other stakeholder institutions for their oral and written submissions which assisted your Committee in arriving at an informed recommendation to the House.

Madam Speaker, permit me also to thank the Members of your Committee for having found it fit to elect me as its Chairperson.

Madam Speaker, I beg to move.

Hon. Members: Hear, hear!

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

Ms Imbwae: Now, Madam Speaker.

Madam Speaker, I beg to second the Motion on the ratification of Mr Mubanga Mweniweingwe Kondolo to serve as Solicitor-General of the Republic of Zambia.

Hon. Members: Hear, hear!

Ms Imbwae: Madam Speaker, the mover of this Motion has already indicated the position of your Committee on the appointment before the House. He has also ably highlighted the reasons that made your Committee arrive at the decision to support the ratification of the appointment of the nominee.

Madam, there is no doubt that the nominee is eminently qualified to take up the Office of Solicitor-General. I have been privileged to serve on similar Committees of the House and I must submit, today, that this was one of the easiest to participate in due to the acceptability of the nominee. All the stakeholders who appeared before your Committee were in support of the appointment.

I will, therefore, only comment on the importance of this office. Madam Speaker, the offices of both the Attorney-General and Solicitor-General play a crucial role in upholding democracy in the country. It is, therefore, important that all citizens and, indeed, the office holders strive to always uphold the integrity of this important institution.

Allow me also, Madam, to address the nominee and say that it is one thing for a person to have the qualifications to hold a particular position and another to perform the role satisfactorily. This is so because what matters most in effectively executing duties in these constitutional offices are the values that the office holder believes in.

However, if he walks in his father’s footsteps who brilliantly served this country as Chief Education Officer on the Copperbelt, performed his foreign missions activities and briefly worked at NIPA, where I knew him from and continues with that integrity, then we are going to have a good Solicitor-General.

I, therefore, wish to appeal to the nominee that, as Solicitor-General, he should always endeavour, in his job, to offer an independent voice in order to uphold the rule of law. He must strive to be an impartial guardian of the law and faithfully apply the core values of the nation to the cases and controversies that will come before him.

Madam Speaker, allow me to end by thanking the Chairperson of your Committee for the able manner in which he guided the deliberations of your Committee. Let me also acknowledge the team spirit that was exhibited by members of your Committee.

Madam Speaker, I thank you.

Hon. Members: Hear, hear!

The Vice-President and Minister of Justice: Madam Speaker, I wish to thank the House for the support to ratify this nominee.

I thank you, Madam.

Hon. Government Members: Hear, hear!

Mr Nkombo: Madam Speaker, I would like to sincerely thank the whole House for the overwhelming support.

I thank you, Madam.

Hon. Members: Hear, hear!

Question put and agreed to.
_______

BILLS

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the 
Chair]

THE NATIONAL PROSECUTION AUTHORITY BILL, 2010

Clauses 1, 2, 3, 4, 5, 6, 7 and 8 ordered to stand part of the Bill.

CLAUSE 9 – (Chief State Advocate, Deputy Chief State Advocates, State Advocates,
        Prosecutors and other Staff Cap. 1)
 
The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Chairperson, I beg to move an amendment in Clause 9, on page 10, in line 11, by the deletion, after the words “state advocates” and the word “prosecutors”.

Amendment agreed to. Clause 9 amended accordingly.

Clause 9, as amended, ordered to stand part of the Bill.

Clauses 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 ordered to stand part of the Bill.

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

Title agreed to.
___________

HOUSE RESUMED

[MADAM DEPUTY SPEAKER in the Chair]

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

The National Prosecution Authority Bill, 2010

Report Stage today.

REPORT STAGE

The National Prosecution Authority Bill, 2010

The Animal Health Bill, 2010 

The Animal Identification Bill, 2010 

Reports adopted.

Third Readings today.

THIRD READING

The following Bills were read the third time and passed:

The National Prosecution Authority Bill, 2010

The Animal Health Bill, 2010

The Animal Identification Bill, 2010 

The Copyright and Performance Rights (Amendment) Bill, 2010 

The Independent Broadcasting Authority (Amendment) Bill, 2010

The Cattle Cleansing (Repeal) Bill, 2010 

The Tsetse Control (Repeal) Bill, 2010 

The Cattle Slaughter (Control) (Repeal) Bill, 2010 

The Agriculture (Fertilisers and Feed) (Amendment) Bill, 2010 

________

MOTION

ADJOURNMENT SINE DIE

The Vice-President (Mr Kunda, SC.): Madam Speaker, I beg to move that the House do adjourn sine die.

Question put and agreed to.
_______

The House adjourned accordingly at 1508 hours on Friday, 6th August, 2010, sine die.