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Debates- Friday, 23rd July, 2010
DAILY PARLIAMENTARY DEBATES FOR THE FOURTH SESSION OF THE TENTH ASSEMBLY
Friday, 23rd July, 2010
The House met at 0900 hours
[MR SPEAKER in the Chair]
NATIONAL ANTHEM
PRAYER
_________
ANNOUNCEMENT BY MR SPEAKER
ACTING LEADER OF GOVERNMENT BUSINESS IN THE HOUSE
Mr Speaker: Hon. Members, I have received communication to the effect that in the absence of His Honour the Vice-President and Learned Minister of Justice, who is attending to other national duties, Hon. Dr Situmbeko Musokotwane, MP, Minister of Finance and National Planning, will act as Leader of Government Business in the House today, Friday, 23rd July, 2010.
I thank you.
Hon. Members: Hear, hear!
__________
BUSINESS OF THE HOUSE
The Minister of Finance and National Planning and Acting Leader of Government Business in the House (Dr Musokotwane): Mr Speaker, I rise to give the House some idea of the Business it will consider next week.
Mr Speaker, on Tuesday, 27th July, 2010, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider the Second Reading Stage of the Competition and Consumer Protection Bill, 2010.
On Wednesday, 28th July, 2010, the Business of the House will begin with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider Private Members’ Motions, if there will be any. After that, the House will consider the Second Reading Stage of the Excess Expenditure Appropriation (2007) Bill, 2010. Then the House will consider the Third Report of the Public Accounts Committee on the Report of the Auditor-General for 2007, on the accounts of parastatal bodies.
Mr Speaker, on Thursday, 29th July, 2010, the Business of the House will start with Questions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider the Second Reading Stage of the Professional Boxing and Wrestling (Amendment) Bill, 2010.
Mr Speaker, on Friday, 30th July, 2010, the Business of the House will begin with His Honour the Vice-President’s Question Time. This will be followed by Questions, if there will be any. After that, there will be presentation of Government Bills, if there will be any. Thereafter, the House will consider the Second Reading stages of the following Bills:
(i) Copyright and Performance Rights (Amendment) Bill, 2010 and
(ii) Independent Broadcasting Authority (Amendment) Bill, 2010.
Then the House will consider any other business that may have been presented to it earlier in the week.
I thank you, Sir.
___________
QUESTIONS FOR ORAL ANSWER
TEACHER LOANS
589. Mr Chazangwe (Choma Central) asked the Minister of Education:
(a) what loan facilities were available to basic and high school teachers;
(b) how many basic and high school teachers had benefited from the facilities at (a) from 2006 to 2009; and
(c) what other measures had been taken to ensure that teachers were motivated and their social welfare improved.
The Deputy Minister of Education (Mr Sinyinda): Mr Speaker, there are loan facilities for basic and high school teachers which include car loans, household loans, house loans, bicycle loans and tuition loans.
Mr Speaker, 10,343 basic and high school teachers benefited from facilities at (a) from 2006 to 2009, broken down as follows:
Province No. of Teachers
Luapula 738
Lusaka 245
Eastern 1,707
Central 1,158
Western 945
Copperbelt 1,856
Northern 942
Southern 1,684
North/Western 1,068
Total 10,343
Mr Speaker, the following measures have been taken to ensure that teachers are motivated and their social welfare is improved:
(i) introduction of rural/remote hardship allowances which have been implemented as a Government initiative to motivate and retain teachers in rural areas;
(ii) provision of professional development to improve teacher knowledge and skills through resource centres and teacher group meetings; and
(iii) provision of accommodation to teachers with amenities such as solar power where electricity is not available.
I thank you, Sir.
Mr Chazangwe: Mr Speaker, are there any plans to upgrade super Grade 1 basic schools and high schools to the level of self management?
Mr Sinyinda: Mr Speaker, I am sure my colleague, the hon. Member for Choma Central, who is also a teacher, knows very well that super Grade 1 schools, whether basic or not or, should I say, all schools are more or less self managed in the sense that it is the policy of the Government for the community to participate in the management of the schools. Therefore, I would say, yes, currently, our schools are more or less self managed.
I thank you, Sir.
Ms Kapata (Mandevu): Mr Speaker, the hon. Minister has mentioned that teachers are given rural and remote hardship allowances. I would like to find out from the hon. Minister what percentage of teachers’ salaries the allowances are.
Mr Sinyinda: Mr Speaker, it is pleasing to hear a question from my former student.
Laughter
Mr Sinyinda: Remote hardship allowance is 25 per cent of teachers’ salaries while the rural hardship allowance is 20 per cent.
I thank you, Mr Speaker.
Mrs Musokotwane (Katombola): Mr Speaker, is it possible for the ministry to also motivate rural teachers by building them good accommodation because most of them live in grass and mud houses?
Mr Sinyinda: Mr Speaker, we know that we still have a long way to go regarding this issue. However, we are currently working on ensuring that schools in remote and rural areas have teachers’ accommodation because that is part of their motivation. We appreciate that this is an urgent matter, but I ask for the patience of this House because we are currently doing all that is possible about this issue.
I thank you, Mr Speaker.
Mr Kambwili (Roan): Mr Speaker, I would like to find out from the hon. Minister how he expects teachers to be motivated when they do not even know their pay day. We would like to know what the official pay day for teachers is.
Mr Speaker: The hon. Minister of Education will consider giving a bonus reply.
Mr Sinyinda: Mr Speaker, I know that, in the past one month or so, there was a problem with payment of civil servants’ salaries, but that does not mean that teachers do not get paid on time. Teachers are paid on time except that we had a problem with the Payroll Management Committee and Establishment Control (PEMC) but that has already been addressed. Even the unions are also satisfied.
I thank you, Mr Speaker.
Mrs Sinyangwe (Matero): Mr Speaker, I would like to find out from the hon. Minister whether the ministry has any plans to give teachers a proper housing scheme so that they can be empowered to build their own houses.
Mr Sinyinda: Mr Speaker, the Government is seriously considering the possibility of giving loans to teachers as a way of empowering and motivating them.
Mr Speaker, I thank you.
Dr Machungwa (Luapula): Mr Speaker, the hon. Deputy Minister has stated that the loans available to Luapula Province were only 745, which is the lowest among all the provinces. What explanation does he have for that? Does he not agree that this is an indication of low staffing levels in that province in relation to other provinces?
Mr Sinyinda: Mr Speaker, as you may know, the loans that we give are demanded by the teachers, themselves, in their respective provinces. It is possible that this situation could be as a result of the number of staff in the province but, I think, it could also be because teachers have not been coming forth to apply for the loans. Nonetheless, it is something we should look into and I hope the hon. Member can visit our offices so that we see why this is the case.
I thank you, Mr Speaker.{mospagebreak}
Mr C. Mulenga (Chinsali): Mr Speaker, in one of the answers, the hon. Minister indicated that rural hardship allowance is paid to teachers in remote areas. I would like to find out from the hon. Minister why the Government has stopped paying this allowance to teachers in Chinsali, claiming that it is an urban district.
Mr Sinyinda: Mr Speaker, the reason teachers in Chinsali may not have benefited from this allowance is that the Government has actually been working out a new system. I am aware that there are now various categories of towns. All our towns and cities in Zambia have been categorised. There are categories A, B, C and D. We have informed all the staff in the ministry about this new system. I am sure every deserving teacher will get the allowance as soon as PEMC can allow this to happen. Like I said earlier, this allowance is paid according to percentages. Teachers in the category of remote area will be paid 25 per cent of their salaries and those in the rural category will be paid 20 per cent of their salaries.
I thank you, Mr Speaker.
Mr Zulu (Bwana Mkubwa): Mr Speaker, I just want to find out from the hon. Minister how far a school should be from the provincial headquarters for teachers to qualify for hardship allowance.
Mr Sinyinda: Mr Speaker, given enough time, we can bring a more comprehensive answer to that question, but I am aware that schools that are 25 to 70 km away from provincial headquarters are regarded as rural areas. Those that are beyond 70 km are regarded as remote areas. As for cities like Lusaka, areas that are 25 km away from the city centre are regarded as urban. So, like I said earlier, it is teachers in far-flung places who deserve to get this allowance.
I thank you, Mr Speaker.
UPGRADING MIDDLE BASIC SCHOOLS
590. Mr Chisala (Chilubi) asked the Minister of Education why the following middle basic schools were not upgraded to upper basic schools despite the contribution made by the communities in the form of infrastructure development:
(i) Bukotelo;
(ii) Kashitu; and
(iii) Katanta.
Mr Sinyinda: Mr Speaker, the three middle basic schools could not be upgraded to upper basic status because they have inadequate infrastructure. Bukotelo has no teachers’ houses and only has three classrooms. Kashitu has two teachers’ houses and only four classrooms while Katanta has only two teachers’ houses and five classrooms. The community in these schools has been encouraged to work with the office of the District Education Board Secretary (DEBS) to ensure that additional facilities are put in place before they can be considered for upgrading.
I thank you, Mr Speaker.
Mr Chisala: Mr Speaker, could the hon. Minister indicate how best his ministry intends to help the affected people in the mentioned areas?
Mr Sinyinda: Mr Speaker, like I stated in my earlier answer, the hon. Member and the community should work in conjunction with the DEBS office in Chilubi to ensure that requirements are met so that the schools can be considered for upgrading.
I thank you, Mr Speaker.
TEACHER CONFIRMATIONS
591. Mr Chisala asked the Minister of Education how many teachers were confirmed in their appointments by the Teaching Service Commission countrywide from 2007 to 2009, year by year.
Mr Sinyinda: Mr Speaker, the total number of teachers who were confirmed between 2007 and 2009 is 17,104 as follows:
Year Total
2007 1,669
2008 8,043
2009 7,392
Total 17,104
I thank you, Sir.
Mr Chisala: Mr Speaker, would the hon. Minister indicate why it is taking so long for some teachers to be confirmed despite them meeting the necessary requirements.
Mr Sinyinda: Mr Speaker, as you may have heard from our answer, there is a lot of improvement in the confirmation of teachers. What is happening is that if the teachers have not submitted the necessary documents through the headmaster to the DEBS as well as the Provincial Education Officer (PEO) in good time, there could be some delay.
As you may know, apart from working at its head office here in Lusaka, the Teaching Service Commission makes some visitations to all the provinces, at least, once per year to process the submitted documents. If, for example, the Teaching Service Commission is sitting in Luapula, we ask all the PEOs to take their cases there. Furthermore, if there are any cases that are outstanding, I would like to ask the hon. Members to see us so that we attend to those cases. However, all I know is that we are doing very well.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Mrs Masebo (Chongwe): Mr Speaker, I agree with the hon. Minister that there has been an improvement in the time taken for teachers to be confirmed. However, I want to find out why, up until now, we still have many teachers in our constituencies, including Chongwe, who are not yet confirmed and, in cases where they have been confirmed, …
Mr Speaker: Order!
You may ask your question.
Mrs Masebo: … their salary scales have not been changed. What measure is the Ministry of Education putting in place to ensure that teachers are confirmed early and their salary scales upgraded? Teachers with outstanding salary arrears should be paid as a way of motivating them because the delays keep them out of school as they keep running up and down trying to process their payments. When you go to most of our schools, you will find some of the teachers are not there because they are busy processing their payments somewhere.
Mr Sinyinda: Mr Speaker, we are cognisant of that fact. However, like I stated, we are doing everything possible to ensure that we do not let down our teachers by confirming them first and ensuring that they get their dues. We are seriously addressing all the problems.
I thank you, Sir.
Ms Kapata: Mr Speaker, I would like to find out from the hon. Minister how long a teacher should work before he/she is confirmed in his/her position. In the past, one would only work for two years before he/she is confirmed.
Mr Sinyinda: Mr Speaker, probably, I should share this with the House. This Government has reduced the period from two years to six months. If a teacher has worked for six months, he/she is due for confirmation. I know that there are some young teachers who may not be in a position to know that after they have worked for six months, they can be confirmed. Therefore, I ask hon. Members of Parliament to work with the DEBS and PEOs so that teachers can be confirmed. We should be part and parcel of motivating the teachers.
I thank you, Sir.
Mrs Sinyangwe: Mr Speaker, in this technological age, is the hon. Minister in order to say that people must submit papers in time. Does the ministry not have records showing the day a particular teacher started work and the day the teacher is supposed to be confirmed?
Mr Sinyinda: Mr Speaker, know that in this technological age, we are supposed to have computerised our system. However, as you may know, we are still overwhelmed by the number of teachers, especially considering the fact that a good number of our schools are in remote areas. However, our vision is to have a computerised system. I want to assure this House that we are doing very well at the moment, except that some of our teachers do not submit the necessary documents in good time for them to be confirmed.
I thank you, Sir.
Mr Kambwili: Mr Speaker, I would like to know when the Teaching Service Commission is going to be decentralised so that we do not wait for one year for it to visit provinces. The decentralisation will result in efficiency in the confirmation of teachers.
Mr Sinyinda: Mr Speaker, that is a good suggestion worth considering but, currently, the Teaching Service Commission is still centralised.
I thank you, Sir.
Mr Kapeya (Mpika Central): Mr Speaker, can the hon. Minister tell the truth by confirming that the delays in confirming teachers are purely due to the inefficiency of the Teaching Service Commission.
Mr Sinyinda: Mr Speaker, I want to assure the hon. Member that there is a lot of improvement in the operations of the Teaching Service Commission. If you go through the cases that are handled by the commission, you will find that the cases are cleared as quickly as possible. I would like the hon. Members to come forward and visit our offices so that they see the work that we do, day in and day out.
I thank you, Sir.
Mr Chimbaka (Bahati): Mr Speaker, I would like to find out from the hon. Minister whether, nowadays, confirmation is based on the number of months a teacher serves and not on recommendation from the standards officers.
Mr Sinyinda: Mr Speaker, the ideal situation is that teachers must be recommended to be confirmed, especially by the standards officers after their work has been inspected. Generally speaking, most teachers, if not all of them, are competent enough to be confirmed.
I thank you, Sir.
ROAD TRANSPORT AND SAFETY AGENCY
592. Mr D. Mwila (Chipili) asked the Minister of Communications and Transport when the Government would construct additional offices for the Road Transport and Safety Agency (RTSA) in the following cities as a means of decongesting the offices when paying for road licences:
(i) Kitwe;
(ii) Ndola; and
(iii) Lusaka.
The Deputy Minister of Communications and Transport (Mr Mubika): Mr Speaker, RTSA is still liaising with the Kitwe City Council authorities to identify a suitable piece of land for the offices before the end of the financial year 2010 for the construction to commence in 2011.
In Ndola, RTSA management has plans to build new office infrastructure on their premises situated on the Ndola Airport Road. Construction works are earmarked to commence within 2010.
For Lusaka, RTSA has been allocated a piece of land along the Mungwi Road where offices and a motor vehicle inspection centre will be constructed. The construction of the offices will not only decongest the current offices, but will also ensure that related operations are carried out on the same premises unlike what is currently obtaining. The construction works are expected to begin in the fourth quarter of 2010.
I thank you, Sir.
Mr D. Mwila: Mr Speaker, what are the short-term plans of the ministry to reduce the queues which are at the Kitwe offices?
Mr Mubika: Mr Speaker, as I have stated, we are going to commence the construction works next year in Kitwe. We appeal to the Kitwe City Council to give us a piece of land. However, I would like to advise motorists not to be waiting for the last minute to go and pay for the road licences. Motorists should be paying road tax in good time.
The House may also wish to know that even today, you can pay road tax for next year. We do not want to have a problem where people wait for the last minute to go and queue causing congestion. It is not possible, with the current number of vehicles we have in our country, for all the vehicles to be cleared in one week. I appeal to all motor vehicle owners to go to RTSA offices any time to pay road tax.
I thank you, Sir.
Mr Lumba (Solwezi Central): Mr Speaker, the hon. Deputy Minister mentioned, in his answer, that the offices and motor vehicle inspection centre will be for Lusaka only. Will these inspection centres be built for Ndola and Kitwe also?
Mr Mubika: Mr Speaker, the answer is yes.
I thank you, Sir.
Mr Lubinda (Kabwata): Mr Speaker, the answer for Kitwe, Ndola and Lusaka is very well appreciated. However, what will happen to the districts which do not even have RTSA to date? Would the Government not be thinking about delegating this responsibility to the local authorities that are found across the breadth of the country?
Mr Mubika: Mr Speaker, RTSA was only formed about six to seven years ago and is still expanding. There are no plans to incorporate local authorities at the moment. We are only trying to open RTSA offices in all the districts in the country.
I thank you, Sir.
Mrs Masebo: Mr Speaker, I am very disappointed with the Government’s response to this ...
Mr Speaker: Order!
Can you, please, ask your question?
Mrs Masebo: Mr Speaker, how can the Government talk about expansion which has no relevance to the Decentralisation Policy that it is implementing which, actually, talks about relegating some of its functions to local authorities? We should also take into account the fact that there is no money for the construction of offices all over the country and employing several officers, thus making the whole Government structure bigger when we have been trying to reduce it for many years? We are now going back on our plans. What is happening, Sir?
The Minister of Finance and National Planning (Dr Musokotwane) (on behalf of the Minister of Communications and Transport (Professor Lungwangwa)): Mr Speaker, I need to make a slight correction. As part of the computerisation process, RTSA, with time, will appoint various agents at different levels, including the local councils.
I thank you, Sir.
Mr Sikazwe (Chimbamilonga): Mr Speaker, what immediate step is the ministry taking for the motorists who have to travel from rural areas with expired licences because they are facing a lot of problems with traffic officers on the roads?
Dr Musokotwane: Mr Speaker, the hon. Deputy Minister earlier advised that the time to renew licences is not just on the last day or week before it expires. There is all the time long before the expiry date for members of the public to comfortably travel to the nearest place and renew their licences.
Thank you, Sir.{mospagebreak}
ARAB BANK FOR ECONOMIC DEVELOPMENT LOANS
593. Mr D. Mwila asked the Minister of Finance and National Planning:
(a) whether the Zambian Government had at any time borrowed money from the Arab Bank for Economic Development, and if so, how much the loan was;
(b) what the purpose for the loan at (a) was; and
(c) what the terms of the loan agreement were.
Dr Musokotwane: Mr Speaker, the Government of the Republic of Zambia has contracted eight loans from the Arab Bank for Economic Development from 1975 to date totaling approximately US$57 million.
The purposes of the loans vary between agreements. The following are the purposes for which the Government acquired loans from the Arab Bank for Economic Development:
(i) the first loan was contracted in March, 1975 to finance the procurement of oil from the Arab countries at a cost of US$6.35 million;
(ii) the second loan was contracted in April, 1978 to finance the Ndola/Kitwe Road at a cost of US$10 million;
(iii) the third one was contracted in February, 1982 to capitalise the Development Bank of Zambia (DBZ), with additional resources of approximately US$7.9 million;
(iv) the fourth loan was contracted in April, 2000 to enable us undertake the Mongu/Kalabo Road Project at a cost of US$10.7 million;
(v) the fifth loan was contracted in April, 2000 to build the Ndola Girls Technical School at a cost of US$3 million;
(vi) the sixth loan of US$4.3 million was contracted in September, 2004 to provide funds for additional works to be undertaken on the Mongu/Kalabo Road Project;
(vii) the seventh loan was contracted in September, 2006 to provide US$6.8 million to improve water supply in six towns on the Copperbelt and Luapula provinces; and
(viii) the last loan was contracted in October, 2008 in order to undertake the rehabilitation and upgrading of feeder roads on the Copperbelt Province.
Mr Speaker, like I said earlier, the terms for contracting the loan agreements varied from one agreement to the other. The following are the terms of the agreements for each of the loans:
(i) under the first loan for the procurement of oil, the interest rate was 1 per cent, the grace period was ten years and the repayment period was fourteen years;
(ii) for the Ndola/Kitwe Road Project, the interest rate was 4 per cent, grace period was five years and the repayment period was twenty years;
(iii) under the third loan for the recapitalisation of the DBZ, the interest rate was 4 per cent, grace period was four years and repayment period was ten years;
(iv) for the fourth loan for works on the Mongu/Kalabo Road, the interest rate was 2.5 per cent, grace period was seven years and the repayment period was fifteen years;
(v) for the fifth loan used for works on the Ndola Girls Technical School, the interest rate was 3 per cent, the grace period was ten years and the repayment period was fourteen years;
(vi) for the sixth loan, which was additional funding for works on the Mongu/Kalabo Road, the interest was 2 per cent, the grace period was 6 years and the repayment period was twenty years;
(vii) for the seventh loan for works on the water supply facilities, the interest rate was 1 per cent, the grace period was ten years and the repayment period was twenty years; and
(viii) for the last loan which was used on the Copperbelt Province feeder roads, the interest rate was 0.5 per cent, the grace period was ten years and the repayment period was twenty years.
Mr Speaker, I thank you.
Mr D. Mwila: Mr Speaker, the hon. Minister of Finance and National Planning has indicated that the Government, in 2000 and 2004, contracted loans worth more than US$15 million from the Arab Bank for Economic Development for works on the Mongu/Kalabo Road. I would like to find out whether the money has been used for the intended purpose.
Dr Musokotwane: Mr Speaker, the loan was, indeed, applied for its intended purpose. However, we all know that there was an engineering problem on that road, hence it has only been partially worked on and certain segments have been washed away.
Mr Speaker, I thank you.
Mr Chongo (Mwense): Mr Speaker, since the Luapula Province was supposed to benefit from the loan contracted in 2004, when will the Government release the money to improve water infrastructure in the province?
Dr Musokotwane: Mr Speaker, as soon as it is possible, the money will be released. The Government always makes additional efforts to mobilise extra resources for water in both rural and urban areas.
I thank you, Sir.
Mr Lubinda: Mr Speaker, it is clear that loans (v) to (viii) had the best conditions compared to loans (i) to (iv). Could the hon. Minister indicate why the Arab Bank for Economic Development continuously relaxed its conditions the more we borrowed?
In addition, seeing that one of the best loans was that of 2006 for water supply for Luapula, could the hon. Minister explain why, four years down the line, he is still saying that the money shall be released?
Dr Musokotwane: Mr Speaker, loan terms vary with time. As we might all appreciate, conditions on the loan market change from time to time depending on the prevailing circumstances. At one time, conditions may be as indicated and, at other times, depending on the circumstances, the terms may change. Therefore, that explains the different conditions that are indicated.
As for the second part of the question, I think, I already answered it.
I thank you, Sir.
Laughter
UPGRADING AIRPORTS AND AERODROMES
594. Mr Chisala asked the Minister of Communications and Transport how much money the Civil Aviation Department spent on upgrading airports and aerodromes to required standards countrywide in 2008 and 2009.
Mr Mubika: Mr Speaker, the Department of Civil Aviation paid a total of K22,404,164,000.00 in 2009 on the rehabilitation of the Kasama, Solwezi, Mfuwe and Kasaba Bay airports.
In 2008, K5,337,467,024.00 was spent on the rehabilitation of the Kasama and Chipata airport infrastructure.
I thank you, Sir.
Mr Chisala: Mr Speaker, I would like the hon. Minister to indicate when this kind of aid will be extended to airstrips in other districts.
Mr Mubika: Mr Speaker, aid cannot be spread to aerodromes in all the districts all at once because of lack of funds. Even for 2010, only Nyango, Serenje and Senanga airports have been budgeted for, but the money has not been released. However, we would like to work on all the district aerodromes in the country when funds are available.
Mr Speaker indicated for Mr Kapeya to take the Floor, but called for the hon. Member for Kasama Central.
Hon. Members: Mpika Central.
Mr Speaker: Pardon me. Mpika Central.
Mr Mwamba stood up to speak.
Laughter
Mr Kapeya: I would like to find out from the hon. Minister of Communications and Transport why rural aerodromes are never maintained. For example, the Mpika aerodrome has gone for thirty years without maintenance.
Mr Mubika: Mr Speaker, I am not sure about whether the hon. Member of Parliament has said the truth about the Mpika aerodrome going for thirty years without maintenance. However, as I stated earlier, it is a question of the availability of funds. When funds are available, we shall ensure that all the district aerodromes are rehabilitated.
I thank you, Sir.
Mr Lumba: Mr Speaker, I would like to find out from the hon. Minister what particular works were done at the Solwezi Airport.
Mr Mubika: Mr Speaker, works included the rehabilitation of the terminal building and clearing of vegetation.
I thank you, Sir.
Mr Lubinda: Mr Speaker, I would like to find out from the hon. Minister whether the rehabilitation of the terminal building at the Kasama Airport is what the hon. Minister is referring to as upgrading the airport to required standards, without even making reference to the poor state of the runway.
Mr Mubika: Mr Speaker, I do not know when last the hon. Member for Kabwata was in Kasama because the terminal building there is of international standard. At the moment, the runway is being worked on and this is an on-going project. Once the works on the runway are complete, the terminal will be put up. The hon. Member of Parliament for Kasama Central can confirm the works at the Kasama Airport.
I thank you, Sir.
REHABILITATION OF INDENI OIL REFINERY
595. Mr Chisala asked the Minister of Energy and Water Development how much money the Government spent on the rehabilitation of Indeni Oil Refinery in Ndola from January, 2008 to December, 2009.
The Deputy Minister of Energy and Water Development (Mr Imasiku): Mr Speaker, I wish to inform the House that the Government availed Indeni Oil Refinery a total of US$6.97 million for rehabilitation works during the period January, 2008 to December, 2009. The disbursement of funds was carried out by the Government as follows:
Year Amount
(US$)
2008 4.79
2009 2.2
Mr Speaker, the hon. Member may, however, wish to note that the Government had availed Indeni Oil Refinery US$22.5 million in 2007 for rehabilitation works, making the total amount of money released to the refinery from 2007 to 2009 US$29.49 million.
I thank you, Sir.
Mr Chisala: Mr Speaker, there have been constant shutdowns at Indeni Oil Refinery. Could the hon. Minister spell out the long-term stop gap measures that the Government has put in place?
Dr Musokotwane (on behalf of the Minister of Energy and Water Development (Mr Konga)): Mr it is not true that there have been frequent shut downs at Indeni Oil Refinery. Yes, there have been shut downs, but most of them have been planned. Of course, there have also been a few shut downs that were never planned.
As regards the unplanned shut downs, the Government has provided the funds indicated in the answer in order to deal with those anticipated problems.
Mr Speaker, the planned shut downs are a normal thing because, every so often, the plant has to be shut down so that routine maintenance is carried out.
Therefore, it is not right to paint a picture that the shut downs occur every other day or every other month.
I thank you, Sir.
Dr Machungwa: Mr Speaker, since Total Zambia Ltd pulled out of the partnership with the Government, through Indeni, what are the Governments plans? Does it intend to continue running Indeni Oil Refinery on its own, float shares or find a strategic partner? What is the way forward?
Dr Musokotwane: Mr Speaker, the pull-out by Total Zambia Ltd has given the Government the opportunity to review the whole process of procuring petroleum for the country. A few months ago, the Government announced that there was a comprehensive study that was planned to look at all the possible logistics for providing and supplying fuel to the country.
This was to establish whether to continue using the current refinery mode were commingled feedstock, a mixture of refines and crude, which is pumped through the pipeline to the refinery and then separated to give us the fuel that we need, was the best. Should we continue along this route or build a proper refinery that would accept pure crude so that we do the refining here and no separation? The other option is to open the market to anyone who can bring finished products. If it means closing down Indeni Oil Refinery, let it be so. That way, suppliers can choose to import fuel using the pipeline, which must be converted to carrying finished products or use trucks or trains. These are the options that are going to be considered and the most attractive, in terms of delivering cheap fuel, will be chosen.
Mr Speaker, the absence of a partner now gives the Government the freedom to think through all these options and decide which one is the best. With a partner in Indeni Oil Refinery, the freedom is curtailed. This is because if, for example, you decide to import finished products, then your partner in the business stands a chance to complain about what business they still have in Zambia.
Sir, in summary, the pull-out of Total Zambia Ltd has given the Government freedom to think through and choose the best way of supplying fuel to the country.
I thank you, Sir.
Mr D. Mwila: Mr Speaker, the hon. Minister has indicated that from 2007 to 2009, almost US$30 million has been spent on the rehabilitation of Indeni Oil Refinery in Ndola. I would like to find out from the hon. Minister whether this money was a loan or was financed by Indeni Oil Refinery.
Dr Musokotwane: Mr Speaker, this money was a grant from the Treasury to the refinery.
I thank you, Sir
Mr Chongo (Mwense): Mr Speaker, can the hon. Minister inform this House which private operator is storing finished products at Indeni Oil Refinery to the point of suffocating the storage tanks and, therefore, hindering the rehabilitation works.
Dr Musokotwane: Mr Speaker, I am not in a position to do so.
I thank you, Sir.
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MOTIONS
REPORT OF THE PARLIAMENTARY SELECT COMMITTEE TO SCRUTINISE THE PRESIDENTIAL APPOINTMENTS OF HON. JUDGE MUYINDA EDWIN WANKI AND HON. JUDGE GREGORY STEPHEN PHIRI TO SERVE AS SUPREME COURT JUDGES AND MR JUSTIN CHASHI, MRS GAUDENTIA MILIMO SALASINI, MRS ANESSIE MICHEAL BANDA-BOBO, MRS FLAVIA MALATA CHISHIMBA, MRS MUGENI SIWALE-MULENGA, MRS PETRONELLA CHAMA MWITWA-NGULUBE AND MR ISAAC KAMWENDO TO SERVE AS HIGH COURT JUDGES
Mr Sikota, SC. (Livingstone): Mr Speaker, I beg to move that the House do adopt the Report of the Select Committee appointed to scrutinise the Presidential appointments of Hon. Judge Muyinda Edwin Wanki and Hon. Judge Gregory Stephen Phiri to serve as Supreme Court Judges and Mr Justin Chashi, Mrs Gaudentia Milimo Salasini, Mrs Anessie Micheal Banda-Bobo, Mrs Flavia Malata Chishimba, Mrs Mugeni Siwale-Mulenga; Mrs Petronella Chama Mwitwa-Ngulube and Mr Isaac Kamwendo to serve as High Court Judges laid on the Table of the House on Monday, 19th July, 2010.
Mr Speaker: Is the Motion seconded?
Mr V. Mwale (Chipangali): Yes, Mr Speaker.
Mr Sikota, SC.: Mr Speaker, may I start by thanking you for according me an opportunity to present the report of your Committee.
Sir, the appointments of Hon. Judge Muyinda Edwin Wanki and Hon. Judge Gregory Stephen Phiri to serve as Supreme Court Judges are made pursuant to Article 93 (2) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia which states that:
“The Judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President.”
Mr Speaker, the appointments of Mr Justin Chashi, Mrs Gaudentia Milimo Salasini, Mrs Anessie Michael Banda-Bobo, Mrs Flavia Malata Chishimba, Mrs Mugeni Siwale-Mulenga, Mrs Petronella Chama Mwitwa-Ngulube and Mr Isaac Kamwendo to serve as High Court Judges are made pursuant to Article 95 (1) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia which states that:
“The Puisne Judges shall, subject to ratification by the National Assembly, be appointed by the President on the advice of the Judicial Service Commission.”
Sir, the Constitution further provides, under Article 97 (1), that:
“Subject to Clause (2), a person shall not be qualified for appointment as a Judge of the Supreme Court, a Puisne Judge, Chairman or Deputy Chairman of the Industrial Relations Court unless:
(a) he holds or has held high Judicial office; or
(b) he holds one of the specified qualifications and has held one or other of the following qualifications:
(i) in the case of the Supreme Court Judge, for a total period of not less than fifteen years; or
(ii) in the case of a Puisne Judge, the Chairman and Deputy Chairman of the Industrial Relations Court, for a total period of not less than ten years.”
Sir, from the outset, your Committee was conscious of the fact that the nominees were proposed to serve in high public offices which require persons not only properly qualified as per the provisions of the Constitution, but also persons of high integrity and upright standing in society. With this as the cornerstone of the deliberations, your Committee critically analysed the information at its disposal in ascertaining the suitability of the nominees to serve in their respective positions.
In its endeavour to ensure that the nominees did not have any adverse security, criminal, corrupt or, indeed, drug-related traces, your Committee sought expert advice from the three security wings of Government, namely:
(a) Zambia Police Force;
(b) Anti-Corruption Commission (ACC); and
(c) Drug Enforcement Commission (DEC).
Sir, I wish to report to this august House that the three security organs cleared all the nominees of involvement in any of the afore-mentioned criminal activities.
Sir, your Committee further consulted five professional and stakeholder institutions, namely the Law Association of Zambia (LAZ), the Judicial Complaints Authority, the Human Rights Commission, Transparency International Zambia (TIZ) and the Non-Governmental Organisations Co-ordinating Council (NGOCC) on the suitability of the nominees to serve in the positions in which they were being appointed.
Sir, the institutions supported the nominees as persons who were suitably qualified and capable of serving the nation in the noble offices of Supreme Court and High Court Judge of the Republic.
Furthermore, your Committee had the opportunity to interview the nominees. Your Committee observed that all the nominees understood the functions and challenges of the office they were being appointed to and, more importantly, that the nominees were qualified to serve in their respective positions.
Mr Speaker, allow me to briefly comment on each of the nominees. With regard to Hon. Judge Muyinda Edwin Wanki, your Committee found that, in addition to his academic and professional qualifications, he had vast experience as a High Court Judge and possessed the right attributes for a Supreme Court Judge.
Sir, with regard to Hon. Judge Gregory Stephen Phiri, your Committee observed that he was the longest serving Judge on the High Court Bench and was, therefore, eminently qualified to effectively discharge the functions of a Supreme Court Judge.
Sir, in respect of Mr Justin Chashi, your Committee noted that the candidate had been a legal practitioner for more than twenty years and was eminently qualified to take up the position of High Court Judge.
Mr Speaker, with regard to Mrs Gaudentia Milimo Salasini, your Committee observed that she had a successful legal career in the Ministry of Justice that would enable her effectively perform the duties of a High Court Judge.
Sir, in relation to Mrs Anessie Michael Banda-Bobo, your Committee noted that she had a long history of success in her legal career. Going by her curriculum vitae, she was qualified to perform effectively as a High Court Judge.
Mr Speaker, on Mrs Flavia Malata Chishimba, your Committee observed that she had performed very well at the Bar and was, therefore, a suitable person to serve as High Court Judge.
With respect to Mrs Mugeni Siwale-Mulenga, your Committee noted that she has had a very successful legal career, having worked for both the Government and the private sector at a very senior level. Therefore, she has wide experience to qualify for appointment as a High Court Judge.
With regard to Mrs Petronella Chama Mwitwa-Ngulube, your Committee observed that she had wide knowledge and experience in court litigation. Further, her involvement in legislative drafting gave her additional advantage because she has acquired wide experience in international law practice. This made her suitable to take up the position of High Court Judge.
Sir, with respect to Mr Isaac Kamwendo, your Committee noted that he had the requisite experience to take up the position of High Court Judge, having worked as a Principal State Advocate in the Attorney-General’s Chambers for the Government of Botswana and as a legal counsel in various private institutions in Zambia.
Your Committee, further, had an opportunity to interact with the hon. Minister for Presidential Affairs, who represented the appointing authority, and was satisfied that the nominees were qualified in terms of the constitutional requirements.
Mr Speaker, your Committee, after due and thorough evaluation of the evidence presented to it by the witnesses and the appointing authority, and its subsequent interviews with the nominees, themselves, found the nominees suitably qualified to be ratified for appointment in their respective positions. Therefore, your Committee recommends that this august House do ratify the appointments of Hon. Judge Muyinda Edwin Wanki and Hon. Judge Gregory Stephen Phiri to serve as Supreme Court Judges, and Mr Justin Chashi, Mrs Gaudentia Milimo Salasini, Mrs Anessie Michael Banda-Bobo, Mrs Flavia Malata-Chishimba, Mrs Mugeni Siwale-Mulenga, Mrs Petronella Chama Mwitwa-Ngulube and Mr Isaac Kamwendo to serve as High Court Judges.
Sir, your Committee wishes to note that the time given to it to scrutinise the Presidential appointments was inadequate due to the large number of nominees to be considered. On the whole, let me take the opportunity to thank the members of your Committee for their dedication to duty and working tirelessly against time constraints. Indeed, on, at least, one occasion, they worked voluntarily right through the lunch hour due to the heavy workload.
Mr Speaker, in conclusion, your Committee wishes to place on record its gratitude to you, for allowing it 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 and investigation 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.
Mr Speaker, I beg to move.
Hon. Members: Hear, hear!
Mr Speaker: Does the seconder wish to speak now or later?
Mr V. Mwale: Now, Mr Speaker.
Mr Speaker, I thank you for according me the opportunity to second the Motion before the House. I note that the mover of the Motion has ably addressed the pertinent issues that are in your Committee’s report. I also believe that hon. Members have had an opportunity to carefully read the report of your Committee. I will, therefore, be brief in seconding the Motion on the Floor.
Mr Speaker, the mover of the Motion has clearly stated the position of your Committee on these important appointments. In support of the Chairperson, however, allow me to add that all the appointees under consideration by this august House have integrity, are mature, experienced and qualified to serve in the positions to which they are being appointed. The appointees’ curricula vitae, as shown in your Committee’s report, speak volumes of their experience and competence to serve in the positions to which they are being appointed. Your Committee has no doubt that the appointment of the nominees will be to the best interest of the nation.
Mr Speaker, before, I conclude, allow me to thank the mover of this Motion for the efficient manner in which he chaired your Committee’s meetings and all the hon. Members of your Committee for the unity and hard work during its deliberations.
Mr Speaker, I would like to end my speech by urging this august House to support the Motion on the Floor.
Mr Speaker, with these few remarks, I beg to second.
Hon. Members: Hear, hear!
Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, I would like to start by congratulating your Committee on a job well done.
Mr Speaker, the nominees are eminently qualified in terms of both academic qualifications and the minimum requirements prescribed by the Constitution for someone to be appointed Judge either of the Supreme Court or High Court.
I have been privileged to interact with Mr Judge Wanki from the time he was prosecutor in the Zambia Police Service up to the time he was appointed Vice-Chairperson of the Industrial Relations Court. He, without hesitation, discharged the functions or duties that were assigned to him with distinction. He will definitely be an asset to the Supreme Court Bench because he will bring a wealth of experience both in industrial matters and adjudication of cases, more especially to the criminal law branch of practice.
Mr Speaker, I can also confidently say that the nomination of Mr Justice Gregory Phiri could not have come at a better time. He will definitely, without any hesitation, bring a proper mix to the Supreme Court Bench. He has been in practice for a long time. He distinguished himself as the Director of Public Prosecutions. He has also been the longest serving Puisne Judge on the High Court Bench. Therefore, his promotion was expected.
Mr Speaker, the nominees for the lower Bench are a very good mix. The first point that makes me extremely happy, this time around, is that the nation is beginning to recognise the contribution of our women in the Judiciary.
Hon. Members: Hear, hear!
Mr C. K. B. Banda, SC.: We are, for the first time, elevating five distinguished women to the High Court Bench. These women are eminently qualified and have a proper mix in terms of academic qualifications as well as experience.
Mr Speaker, by way of illustration, Mrs Michael Banda-Bobo is experienced in Patent, Trade Mark, Intellectual Property and Company Law. She will, therefore, bring experience to the Commercial Court of the High Court. This is a very good nomination.
The nomination of Mr Justin Chashi will also bring a wealth of experience to the commercial court because this court needs advocates who have practised commercial law for a long time. He will definitely bring a wealth of experience to the Bench. In short, the nomination will enhance the standing of the Zambian High Court Bench.
Mr Speaker, you will notice that all the female nominees have more than one degree qualification in law. Mrs Gaudentia Milimo Salasini is a very experienced lawyer in Human Rights and International Law. It is for this reason that she has been heading the International Department in the Ministry of Justice. I have worked with her. She worked under me when I was Solicitor-General in the 1990s and, without hesitation, I will say she deserves her appointment.
There is Mr Kamwendo who is working in Botswana as a very senior lawyer in the Ministry of Justice of that country. I knew him a long time ago when he worked as a lawyer for Lima Bank and Times Printpark. I was privileged to represent Times Printpark in a number of cases under his instruction. From that interaction, I can confidently say that he has what it takes to be a Judge in the High Court. Therefore, his nomination is equally welcome.
Mr Speaker, with these few words, I am recommending the ratification of all the nominees without exception because they deserve it and are the right nominees.
I thank you, Sir.
Hon. Members: Hear, hear!
Mr Kasongo (Bangweulu): Mr Speaker, from the outset, allow me to say that any effort that is directed at promoting and enhancing gender equality in our country should be supported and treasured by all of us.
Hon. Members: Hear, hear!
Mr Kasongo: It is from this context that I would like to commend the eminent persons who served on your select Committee.
Mr Speaker, you are aware that any appointment to the highest level will also create room for others to be elevated. This is very commendable. Apart from that, I would like to emphasise the position that was taken by Hon. Muntanga the other day when we were discussing the Report on Parliamentary Reforms and Modernisation. As a country, we are a shining example of a number of concepts that we have been ably articulated but, when it comes to implementation, we seem to be lagging behind. However, in this case, we have demonstrated our commitment to the position of equality. Therefore, I would like to say well done and I support the appointment of these eminent persons.
I thank you, Sir.
Hon. Members: Hear, hear!
Mrs Masebo (Chongwe): Mr Speaker, I would like to commend your Committee for a job well done.
Sir, I have had an opportunity to go through this report that makes happy reading. Looking at the qualifications of almost all the nominees, it is clear that they are qualified for the job and they also have the relevant experience. As the hon. Member for Chasefu has said, there is a good mix of expertise in the various fields of our society.
Mr Speaker, I just wanted to say something about one issue that seems to be coming up from time to time. I notice that various committees that have been appointed to scrutinise appointments have talked about the issue of time. I do not know whether there is anything that Parliament, working with the Executive, can do about this issue because we seem to be having a problem of inadequate time. Your Committee did not seem to have enough time to adequately scrutinise the nominees. I thought that, maybe, there is something that can be done in that regard.
Sir, I also wish to say that it is one thing for one to have the necessary qualifications and experience and so on and so forth, but there is a also the other side of the Judiciary, which many people are getting concerned about. The question is what the public perception today compared to last year, five years ago, ten years ago and when Zambia got her independence is. The Judiciary is an important arm of the Government. As a country, we depend on the Judiciary for justice and, therefore, the public must perceive the Judiciary as an arm of the Government that is fair in the discharge of cases.
I would like to state to the nominees that they have a lot of work to do as a Judiciary to make people believe in them so that if they appear before them, they will feel that there is justice being delivered. People should not perceive the Judiciary as corrupt. That perception is bad. I think that the Judiciary in Zambia has a lot of work to do to take away that negative perception about the Government systems that is growing.
Sir, I also wish to state that I am happy that, lately, we have seen more women coming on to the Bench which is a good sign. Personally, I know that generally, women are very good leaders in whatever sector of our society they are put to work. Whether in the Judiciary, Executive, Legislature or any other sector, you would find that women perform better. I think, as women, we perform well naturally because we are mothers.
Mrs Phiri: Hear, hear!
Mrs Masebo: Therefore, as mothers, women feel and always want to bring justice. Therefore, the more women we have in the different sectors of our economy, the better for this country because when there are too many men in decision-making positions, you will find most things do not work well.
Hon. Members: Hear, hear!
Mrs Masebo: Sir, if you look at countries in the SADC Region that have 30 per cent of women or even almost 50 per cent in decision-making positions like in South Africa, you will see that the countries are doing very well.
Hon. Members: Hear, hear!
Mrs Masebo: Therefore, it is good that even here in Zambia, we are slowly moving towards attaining the target of 30 per cent women in decision-making positions, but we must go beyond this to 50 per cent if we are going to see progress in Government institutions, especially in the Judiciary. Many men will tell you that when they are appearing before a woman in court, they are scared because they know that women are just straight, tough, but fair.
Hon. Members: Hear, hear!
Mrs Masebo: Mr Speaker, therefore, I am happy that we are beginning to have more women in the judicial system. I am confident that with more women, even the perception will begin to improve. This is not to say that we do not have good men. However, women perform better on average. When you go to the Ministry of Education, for instance, you will find that female teachers are working very hard.
Mrs Phiri: Hear, hear!
Mrs Masebo: When you go to the University Teaching Hospital, you will find that female doctors are working very well. Therefore, I just want to encourage the Executive to continue considering more women for positions in the judicial system. If we can get to 50 per cent, you will see that, as an Executive, indeed, even the stories that are going round, which may not even be true in some cases, will come to a stop.
Hon. Government Members: Which ones?
Mrs Masebo: That the performance of the Judiciary is now becoming questionable in some cases.
Mrs Phiri: Hear, hear!
Mrs Masebo: Mr Speaker, really, I just want to say that I have no doubt that all these nominees will perform perfectly well and that they are qualified, but only wish to emphasise that they have a lot of work to do to change the perception that is among the ordinary people on the streets. When someone is about to appear before the court, people normally say that he/she has already lost the case because we think that the Executive will influence the judgment. That is the perception that is on the street. I am not saying that is true, but there must be a reason people are saying that. This means that the Judiciary must do something to clean itself up.
Mr Speaker, last time I spoke, I talked about the issue of familiarity among those in the judicial system. I recall that I made a slip of the tongue when I said that we met some of the Judges in the taverns, but I did not mean real taverns. What I was trying to say, which I would like to repeat, is that those people should not be seen everywhere. Familiarising themselves with everybody on the street makes people begin to question their work even when they are sincere. Those days, you hardly saw a Supreme Court Judge. These days, anybody is rubbing shoulders with the Judges. When some people become familiar with somebody and you try to ask them about a certain Judge, they will simply say that is a corrupt Judge even when that Judge is not corrupt because of easily mixing with the ordinary person on the street. That is a dignified position where one should be considered above board.
Mr Speaker, the same applies to our Parliament, though I know that I am not supposed to discuss that. The hon. House has remained above board because our Speaker, including all the past Speakers, have been above board. When you compare this Parliament with all the parliaments you have sent us to go and learn from, we have all come back saying that our Parliament is better because it has remained dignified as far as the head of Parliament is concerned. You will not see the head of our Parliament mingling with people in funny places. Therefore, it is important how these people carry themselves so that people can begin to have confidence in them.
I thank you, Mr Speaker.
Mr Mubika: Walanda bwino.
Major Chizhyuka (Namwala): Mr Speaker, I wish to thank you and would also like to borrow the humble voice of the people of Namwala and specifically comment on two Judges.
Reading through the report, I have no doubt that your Committee did a commendable job. Sir, I thought I should add a different dimension to this debate.
A few years ago, I had an encounter with one of the nominees, purely in pursuit of justice for the poorest of the poor in our country. We found ourselves in the High Court of Zambia before Judge Gregory Stephen Phiri. I am talking about the leaders of the Indigenous People’s Rights Association (IPRA).
Laughter
Major Chizhyuka: In pursuit of their land rights and rights to their environment, the people were impressed in the manner in which Judge Gregory Stephen Phiri discharged this case in 2003, and how he silenced a certain chief whose habit has been to insult presidents and past presidents.
Hon. Government Members: Hear, hear!
Major Chizhyuka: He won IPRA’s admiration in that area.
Hon. Member: Hear, hear!
Major Chizhyuka: As soon as I heard that there was this matter before your Parliamentary Committee regarding the elevation of Judge Gregory Phiri, what I did was go to my constituency Namwala and to some people from the IPRA in Mazabuka and told them that Judge Gregory Phiri was to be promoted. I put it plainly just like that. Mr Speaker, the happiness associated with that news …
Laughter
Major Chizhyuka: … was beyond something I have ever seen in many years.
Hon. Members: Hear, hear!{mospagebreak}
Major Chizhyuka: Sir, you may note that it is not only important to test the efficacy of a Judge from the circles of the State Counsel and Chairperson of the National Constitutional Conference (NCC) (Mr C. K. B. Banda, SC.), who knows his colleagues from the professional side, but it is also important to test whether a Judge is acceptable to ordinary people who he is going to meet in court. Therefore, in a way, I am providing an answer to Hon. Masebo’s concern on what the perception of the people is. I am saying that the perception of the people of the IPRA in Namwala and Mazabuka with respect to this Judge is 100 per cent alright.
Hon. Member: Hear, hear!
Major Chizhyuka: Mr Speaker, I proceeded further and said, “Do you know what that nomination means?” They said, “Yes, he is being promoted.” I said, “No, he is going to the Supreme Court.” Others asked that, “What does that mean?” I said, “It means you will not meet him in the High Court.” Then they said, “No, then he should not be promoted.”
Laughter
Major Chizhyuka: They asked, “Does it mean we shall never appear before that Judge?” I said, “No, you can only appear when your case goes to the Supreme Court but, ordinarily, you will not meet with that Judge.” They said, “No, Major, you must find ways of ensuring that he does not go to the top.”
Laughter
Major Chizhyuka: This is the extent to which the poorest of the poor and simplest of the simple people out there regard a specific Judge in the High Court.
I thought that I should share this information with the people on your right side, Mr Speaker, of how our people feel about this particular Judge. In this regard, I would like to say that the recommendation by His Excellency the President, Mr Rupiah Bwezani Banda, that this House ratifies the appointment of Justice Gregory Stephen Phiri is worthwhile and should have come yesterday.
I have also known Justice Muyinda Edwin Wanki, from a long time ago when he was a prosecutor in the police. I have also known him in other circles away from the High Court. You will never find a man fairer than he is. Each time you speak to him, you are sure that you are dealing with a person who will only give you the fairest view on any issue.
I, therefore, commend your Committee for a job well done and support this Motion.
I thank you, Mr Speaker.
Mr Speaker: Since the House has no contrary views, I believe we are very close to deciding on this Motion. With that understanding, I would like the hon. Deputy Minister of Justice to say a few words and then we will go back to the mover to wind up this Motion.
You must be very brief.
Hon. Members: Hear, hear!
Mr Mubika: Very good. State Counsel, hammer, mwaiche.
The Deputy Minister of Justice (Mr Chilembo): Mr Speaker, I wish to unreservedly support the appointment of Hon. Justice Gregory Stephen Phiri and Hon. Justice Muyinda Edwin Wanki as Supreme Court Judges.
I also unreservedly support the appointment of:
(i) Mr Justin Chanshi;
(ii) Mrs Gaudentia Milimo Salasini;
(iii) Mrs Anessie Michael Banda-Bobo;
(iv) Mrs Flavia Malata Chishimba;
(v) Mrs Mugeni Siwale-Mulenga;
(vi) Mrs Petronella Chama Mwitwa-Ngulube; and
(vii) Mr Isaac Kamwendo, to serve as High Court Judges.
From the report, it is clear that they are all professionally qualified and your Committee had no difficulties in supporting their appointments. What is common is that they are all men and women of integrity with a rich legal background.
Mr Speaker, I also observe that it is a good mix of those serving in Government and some coming from the private sector. This background makes them, indeed, a great asset from which the nation will immensely benefit. Those who are moving up in Government are clearly creating opportunities for those in the lower ranks who also need to be promoted within the establishment.
Those coming from private practice will definitely cause joy to their competitors who may wish to reposition themselves with a view to taking advantage of that business gap. At the end of the day, it is professionalism and merit that will count and, indeed, service to the society at large. I am glad to say that I know most of the nominees personally. In fact, I had an occasion to work with all of them in one way or another except one.
Sir, I now wish to turn to the various nominees.
Mr Speaker: Hon. Deputy Minister, you are the beneficiary, de jure and de facto. Therefore, I suggest that you simply thank this House for supporting the nominations.
Mr Chilembo: Mr Speaker, noting that it is one of those motions, which are unanimously supported, I just wish to thank the hon. Members but, in doing so, I want to take this opportunity …
Hon. Members: Aah! Iwe!
Mr Chilembo: … to thank everybody …
Mr Beene: Balesa.
Mr Chilembo: … and state that that the job of a Judge is not a simple one. Members of the public who are in the habit of making serious allegations against Judges, should always come up with evidence when they make them. Mere speculation is …
Mr Speaker: Order!
Laughter
Mr Sikota, SC.: Mr Speaker, I would like to thank all the hon. Members who have concurred with us over your Committee’s report and the House for supporting it.
I thank you, Sir.
Hon. Members: Hear, hear!
Question put and agreed to.
SECOND REPORT OF THE COMMITTEE ON COMMUNICATIONS, TRANSPORT, WORKS AND SUPPLY FOR THE SECOND SESSION OF THE TENTH NATIONAL ASSEMBLY
Mr Imenda (Lukulu East): Mr Speaker, I beg to move that this House do adopt the Second Report of the Committee on Communications, Transport, Works and Supply for the Second Session of the Tenth National Assembly laid on the Table of the House on 19th July, 2010.
Mr Speaker: Is the Motion seconded?
Mrs Banda (Chililabombwe): Mr Speaker, I beg to second the Motion.
Mr Imenda: Mr Speaker, your Committee was guided in its operations by its terms of reference as contained under the National Assembly Standing Order No. 157. In line with its mandate, your Committee considered one topical issue, namely the provision and availability of telecommunications infrastructure vis-à-vis telecommunications connectivity with special emphasis on rural areas.
Mr Speaker, the topic was arrived at following growing concern countrywide on the inadequate telecommunications infrastructure and poor connectivity, particularly in the rural areas of Zambia. Your Committee requested detailed memoranda from the Ministry of Communications and Transport and other relevant stakeholders on the topic under review.
Mr Speaker, your Committee wishes to observe that there are many gaps in the network ...
Mr Speaker: Order!
Business was suspended from 1045 hours until 1100 hours.
[THE DEPUTY CHAIRPERSON OF COMMITTEES in the Chair]
Mr Imenda: Mr Speaker, when business was suspended, I was advancing the point that your Committee wishes to observe that there are many gaps in the network coverage of nearly all mobile service providers operating in the country. It is quite frustrating to get out of the coverage area shortly after leaving the town centre as you travel around the country. This situation is worse if you are in rural areas.
Your Committee had an opportunity to interact with identified stakeholders and undertake both local and foreign tours regarding matters connected to telecommunications with a view to addressing the gaps. It is important to note that Uganda, which adopted telecommunications technology much later than Zambia, has almost attained 100 percent network coverage. Why then should this not be the case in Zambia?
Your Committee, Sir, urges the Government to facilitate the rolling out of telecommunications services to all un-serviced and under-serviced areas of Zambia by putting in place the necessary telecommunications infrastructure which will seal the network coverage gaps in the country.
Mr Speaker, your Committee also wishes to state that information and communication technology (ICT) matters appear complex and complicated to most people, particularly many of those in rural areas. Most of them fail to comprehend, let alone make use of the available telecommunications technologies at their disposal. A cell-phone, for instance, can also be used as a computer, a radio or a calculator. It all depends on what you want to use it for. Therefore, one needs to know all the applications of a single cell-phone. Besides, a computer can also be serve various purposes, such as radio, phone or typewriter. Therefore, there is a need for the Government to embark on sensitising people countrywide on matters related to ICTs. The Government should train or facilitate the training of Zambians on matters related to ICTs and its various operations and uses. Your Committee is keen to see people in rural areas developing a keen interest in ICT issues.
Mr Speaker, allow me to begin by thanking you, on behalf of the members of your Committee, for guiding us throughout the deliberations. Your Committee had the opportunity of undertaking both local and foreign tours. Particular mention should be made for availing us an opportunity to hold public hearings in Solwezi, Kabompo, Zambezi and Chavuma districts in the North-Western Province. These meetings were revealing and enriching. We hope more public hearing sessions will be held in future.
Mr Speaker, the tour to Uganda as a country, which has attained advanced technology in telecommunications within a short period of time, was also well appreciated. Your Committee learnt best practice from Uganda.
Mr Speaker, allow me, also to thank all the stakeholders who submitted written memoranda and subsequently, appeared before your Committee for their oral input. Your Committee wishes to thank them all for their readiness, promptness and openness in submitting information.
Last but not the least, my appreciation goes to the Office of the Clerk of the National Assembly for the services rendered to your Committee.
I thank you, Sir.
Hon. Members: Hear, hear!
The Deputy Chairperson: Does the seconder wish to speak now or later?
Mrs Banda: Mr Speaker, I beg to second the report.
Mr Speaker, in seconding the Motion, which has been ably moved by the Chairperson of the Committee on Communications, Transport, Works and Supply, allow me to make a few pertinent comments.
Mr Speaker, let me comment on the much-needed micro-credit programmes in rural areas which could significantly increase rural access to telecommunication systems.
Mr Speaker, rural areas need to be availed with micro-credit so that they can engage in the public phone enterprises. Operators of existing rural telecommunications systems may be reluctant to expand due to the challenges of revenue collection, equipment maintenance, vandalism and customer support. A potential solution to this is to link existing and successful micro-credit organisations with rural telecom operators so that they can expand public phone coverage. Small loans to rural entrepreneurs could enable them establish public phone businesses providing a range of services, including telephone, fax, internet and other computer word processing services. The Government is urged to open up the rural areas with such vital telecommunications services.
Mr Speaker, it is worrisome to note that Zambia has been superseded in advanced telecommunications services to late adopters such as Uganda, Mauritius, Rwanda and South Africa. Zambia was one of the first countries in Africa to embrace the telecommunications industry. However, due to one reason or the other, Zambia has been left behind. Zambia needs to open up the Zambian market and remove a number of restrictions to make the environment conducive for ICT operators to do their business with minimum State controls.
Mr Speaker, your Committee expresses a lot of concern regarding the poor telecommunication connectivity in rural areas. The following factors were cited as the reasons for poor rural connectivity:
(i) low population density;
(ii) low income levels;
(iii) lower literacy levels;
(iv) non-availability of electricity and other supportive infrastructure such as a good road network;
(v) high cost of delivery; and
(vi) limited private sector engagement.
Mr Speaker, these factors, though a reality, cannot hinder the opening up of our rural or remote areas. If I may ask, why should the above factors be a hindrance when similar conditions are obtaining in the countries I referred to above? Further, in countries, which you accorded us an opportunity to visit, the prevalence of rural connectivity has proved to be a multiplier to development. Sectors such as tourism and agriculture are booming due to easy access to telecommunications systems. The Government should take a leading role by computerising its systems countrywide. This will certainly filter through to the remote areas of Zambia. Further, the Government should consider lowering licence fees for rural service providers as an incentive to allow investment in those areas.
Mr Speaker, to address the problem of non-availability of electricity in rural or remote areas, the Government should stress on the provision of solar power systems and the use of car batteries as alternatives, in the short-term, to facilitate access and use of ICT services. If these energy sources are available, people in rural or remote areas will find it easy to charge and readily use their cell-phones and other ICT equipment.
Mr Speaker, as your Committee listened to the various witnesses who appeared before it and toured the identified telecommunications sites in the country, it found the idea of shared infrastructure by three service providers to be very dynamic and cost effective. Masts that are scattered across the country were unnecessarily costly. To ensure fair distribution, the Zambia Information and Communication Technology Authority (ZICTA) has a responsibility of deploying masts to rural and un-serviced areas of Zambia.
Mr Speaker, further, allow me to point out that the installation of optic fibre infrastructure has been found to be very necessary, as it will drive the cost of communication to affordable levels and, at the same time, provide quality services. The introduction of optic fibre infrastructure in Uganda brought down the cost of air time by seventy per cent.
Mr Speaker, let me make a comment on the need for the Government to provide access roads to sites where there are telecommunications masts or towers. The private service providers identified lack of a good road network to telecommunications infrastructure facilities as problems they face in their work. Your Committee is of the view that it is the responsibility of the Government to create a conducive environment for service providers and would-be service providers. The Universal Service Development Fund was identified as key to the development of telecommunications and supportive sectors.
Mr Speaker, may I end by urging this august House to fully support this report for adoption. Issues of telecommunications are the life blood of the modern age.
I thank you, Sir.
The Minister of Finance and National Planning (Dr Musokotwane): Mr Speaker, thank you very much for giving me the opportunity to make a few remarks on the report of the Committee on Communications, Transport, Works and Supply which is most welcome. The ICT has become a very important sector in modern day economics.
This is why certain books now say that the global economy has become flat. In the olden days, it was said that certain services such as those in the legal and accounting professions were not exportable. What could be exported were goods such as maize and timber.
Today, things have changed as such services can now be exported. One can sit here and do accounting work for somebody in the United States of America or banking work for somebody in Canada. Services have become exportable and what has made this possible is the expansion in the telecommunications industry.
Mr Speaker, the Government has been working very hard to enhance this particular sector of its economy. An example is the fibre-optic cable. We have done a lot of work in laying this cable. At the moment, this cable connects to Namibia and the rest of the world and runs from Sesheke to Livingstone and all the way to the Copperbelt. There is also work that is on going to connect provincial centres such as Chipata and those in the Northern Province to this cable. In the next few years, when this cable is in place, the example that was given about costs of telecommunications going down is going to be a reality in our country. So, the Government, through the Zambia Electricity Supply Corporation (ZESCO) and the Zambia Telecommunications Company (ZAMTEL), has been working very hard to make these connections.
Mr Speaker, furthermore, just the other day, we heard the story about how ZAMTEL has been privatised. This is very important because of a number of reasons. Beyond the issue of ZAMTEL being saved, one of the positive things that have happened is the liberalisation of the international gateway. The gateway is the technology and the laws that govern the way all signals are transmitted between Zambia and the rest of the world.
In the past, the running of this gateway was a monopoly of ZAMTEL because that was one of the ways of ensuring that the company was economically viable. As a result of that, international rates were very high. Now that ZAMTEL has been privatised to a company that has the financial resources to make it strongly, there is no need, any more, to maintain that monopoly. With the liberalisation of this gateway, we have seen tariffs coming down substantially, in certain cases, by as much as 70 per cent. So, we are already seeing the benefits of this action that the Government has taken to liberalise the international gateway and, therefore, helping the country’s economy to grow.
Mr Speaker, the other day, I also talked about one of the expected benefits that will come as a result of opening up of the gateway. Those of us who have been to countries such as Tanzania, Kenya and Malawi know that residents of Tanzania can make calls to Kenya at local tariffs. It is the same thing about calling from Uganda to Malawi.
However, Zambia has not benefited from this arrangement and the reason is that of the gateway not being opened up. Now that this has happened, it is the Government’s expectation that private operators, as they have been saying in past before the international gateway was liberalised, will be charging local rates for calls from Zambia to Tanzania, Malawi, Kenya, Uganda and many other countries. So, as a result of this action that the Government has taken, these benefits are going to accrue to our country.
Mr Speaker, in conclusion, let me just say that I thank the chairperson and all the hon. Members of your Committee for this good report that has been presented.
I thank you, Mr Speaker.
Hon. Members: Hear, hear!
Mr Imenda: Mr Speaker, I would like to thank the House for the overwhelming support of this Motion and especially the Acting Leader of Government Business in the House for a highly elaborate and detailed analysis.
I thank you, Sir.
Question put and agreed to.
ADJOURNMENT
Dr Musokotwane: Mr Speaker, I beg to move that the House do now adjourn.
Question put and agreed to.
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The House adjourned at 1122 hours until 1430 hours on Tuesday, 27th July, 2010