DAILY PARLIAMENTARY DEBATES FOR THE THIRD SESSION OF THE TENTH ASSEMBLY

Thursday, 6th August, 2009

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

_______

ANNOUNCEMENT

Mr Speaker: Hon. Members, I have been informed by the President of the United Party for National Development (UPND) that the party has appointed Mrs R. M. Musokotwane, MP, as its new Party Whip. The appointment is with immediate effect.

I thank you.

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QUESTIONS FOR ORAL ANSWER

CONSTRUCTION OF NABWALYA SECONDARY SCHOOL IN MFUWE CONSTITUENCY

426. Mr Malama (Mfuwe) asked the Minister of Education:

(a) how much money the Government would spend on the construction of Nabwalya Secondary School in Mfuwe Parliamentary Constituency; and

(b) whether the Secondary School would have boarding facilities.

The Minister of Education (Ms Siliya): Mr Speaker, the ministry has no immediate plans to construct Nabwalya High in Mfuwe Parliamentary Constituency due to budgetary constraints. However, according to the 2009 Infrastructure Operational Plan, the Government is building the following boarding schools in Northern Province: 

High School    Constituency   Contract Sum (K)

Muyombe   Isoka East    7,269,821,000

Chilubi   Chilubi   34,015,992,000

Lupososhi   Lupososhi   30,326,097,047  

Kaputa    Kaputa    29,345,314,000

Mpulungu   Mpulungu   28,042,240,000

Mr Speaker, in the first phase, about K4,450,000,000 has been released for the construction of Muyombe, Chilubi and Kaputa boarding high schools. In the first phase of the construction of Lupososhi High School, just under K4.4 billion has been released.

Mr Speaker using the community mode, the following high schools will be constructed, beginning in 2008, and to be completed in 2010:

High School   District    Contract Sum (K)

Mulekatembo  Isoka    400,000,000

Senga Hill   Mbala    400,000,000

Mr Speaker, I thank you.

Mr Malama: Mr Speaker, I would like to find out what happened to the statement made, last year, by the then hon. Minister of Education, that the Government would include, in the budget, the construction of a high school in this chiefdom.

Ms Siliya: Mr Speaker, the policy of the Government is to continue providing high schools nationwide. Every year, working with the grassroots, beginning from the district educational officers to the provincial educational officers, we compile the requirement needs. In the Northern Province, for this year, the schools I mentioned are the ones that will be constructed until 2010. We are currently budgeting for more schools for next year and we will consider the provision of a high school in Nabwalya. However, that is dependant on the budget.

Mr Speaker, I thank you.

Mr Kambwili (Roan): Mr Speaker, what I have is a follow-up question to Hon. Malama’s. What has happened to the promise that was made on the Floor of this House last year? Hon. Minister, could you please answer this?

Ms Siliya: Mr Speaker, the Ministry of Education and the Government, in general, have a lot of needs to meet. If it was within our power, we would want to meet each promise made and ensure that we have a high school everywhere it is needed. However, every year, we have to budget and make sure that we have enough resources to meet the construction of these high schools. We have, on the plan, long-term infrastructure development. However, for 2009, Nabwalya High School is not on the plan and we hope that in 2010, or subsequently, we can actually put it on the plan.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, I would like to find out from the hon. Minister the criterion used to arrive at the areas where these high schools are being constructed. This is because the areas she mentioned are areas where MMD Members of Parliament are.

Hon. Opposition Members: Hear, hear!

Mr D. Mwila: Mr Speaker, she mentioned Isoka East, Mpulungu, Senga Hill and Kaputa. Can you tell the House the criterion used?

Ms Siliya: Mr Speaker, the only consideration that we use is to ensure that we respond to the needs of the citizens of Zambia.

I thank you, Sir.

Hon. Government Members: Hear, hear!

CONSTRUCTION OF HIGH SCHOOLS IN LUENA CONSTITUENCY

427. Mr Milupi (Luena) asked the Minister of Education when high schools would be constructed at the following centres in Luena Parliamentary Constituency:

(a) Nangula;

(b) Nangili;

(c)  Ndanda;

(d) Mombo;

(e) Ushaa; and

(f) Sitoya.

Ms Siliya: Mr Speaker, Nangula, Nangili, Ndanda, Mombo, Ushaa and Sitoya are all full basic schools in Luena Constituency and run from Grade 1 to Grade 9.

Interruptions

Mr Speaker: Order! The House will pay attention. 

Ms Siliya: Mr Speaker, according to the infrastructure projections for high schools, only five high schools are earmarked for construction starting from 2008 to 2010 in the whole of Western Province. These are Nakanya in Nalikwanda Constituency, Lukulu Boarding High School in Lukulu East Constituency, Mwandi Boarding High School in Mwandi Constituency, …

Hon. Government Members: Hear, hear!

Ms Siliya: … Mayukwayukwa in Mangango Constituency and Nangweshi in Sinjembela Constituency.

Currently, we have disbursed K4,450,166,790. In terms of the community mode, we are building Nalwei Day High School in Mongu District at K400 million and Mitete Day High School in Lukulu District at, again, K400 million.

 I thank you, Mr Speaker.

Mr Milupi: Mr Speaker, Luena Constituency covers an area of seventy kilometres wide by about 150 kilometres long. The hon. Minister has mentioned that these are basic schools. Would you kindly explain how the children in this constituency will have access to a higher level of education in the light of the fact even the boarding schools that used to be in Mongu like St Johns, Kambule and Holy Cross have now been turned into day schools by your administration? Where are the children who are in far-off places like the ones I have mentioned going to have access to high school education?

Ms Siliya: Mr Speaker, I do sympathise with the hon. Member for Luena because we have provided a number of basic schools and, after completing basic school, these children need to go to high school. We are seriously considering this matter but, as I have said before, it is all dependent on the budgetary provisions. Every year, we have to think of the nationwide needs. Already, we will be building five high schools in Western Province. Yes, they are not enough. I know hat the hon. Member for Luena has continued to engage with us and we are giving this matter very serious attention.

 I thank you, Mr Speaker.

 Mr V. Mwale: Quality!{mospagebreak}

UPGRADING OF MUSA KASONKA STADIUM

428. Msichili (Kabushi) asked the Minister of Sport, Youth and Child Development whether the Government had any plans to upgrade Musa Kasonka Stadium to international standard and, if so, when the programme would commence.

The Deputy Minister of Sport, Youth and Child Development (Dr Kalila): Mr Speaker…

Interruptions

Mr Speaker: Order! I would like to emphasise that the House is not paying attention. You might as well skip a series of questions on your Order Paper, if the House is not listening. May the hon. Minister pick up from there?

You may continue.

Dr Kalila: Mr Speaker, it is the intention of the Government to rehabilitate as many stadia as possible in the country in order to maintain international standards. However, due to financial constraints, the Government prioritised the upgrading/construction of at least one provincial stadium.

Mr Speaker, in the case of Musa Kasonka Stadium in Ndola, I would like to inform the House that the stadium is not earmarked for rehabilitation due to the construction of a new national stadium in Ndola through bilateral co-operation between the Government of the Republic of Zambia and the People’s Republic of China. The Government has further plans to rehabilitate the Independence and Maramba stadia in Lusaka and Livingstone respectively in order to have them conform to international standards and ensure the development of sport in the country.

 Mr Speaker, I thank you.

 Hon. Government Members: Hear, hear!

Mr Msichili: Mr Speaker, the hon. Minister has said that the Government has the intention of rehabilitating at least one stadium in each province. I would like to find out from the hon. him which stadium on the Copperbelt has been earmarked for rehabilitation.

The Minister of Sport, Youth and Child Development (Mr Chipungu): Mr Speaker, as yet, none of them has been identified. When that time comes, the nation will be informed accordingly.

 I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, Ndola is a big city and has a number of teams playing at the highest level of Zambian football. Is it not prudent that while we are waiting for the big stadium to be built, some of the old existing stadiums can be rehabilitated so that the sport can continue in that city?

Mr Chipungu: Mr Speaker, we are aware. Like we have indicated in our reply, we have constraints in terms of finance. At the moment, we do not have money to undertake the rehabilitation of any stadium in this country besides the concessional loan that we are trying to get from our co-operating partners, the Chinese Government. Already, we have the Ndola Stadium, but we are also trying the new stadium in Lusaka and another new stadium in Livingstone.

 I thank you, Mr Speaker.

Mr Lubinda (Kabwata): In his response, the hon. Deputy Minister made reference to bilateral co-operation in the construction of the Ndola Stadium. Would he kindly indicate to this House how much is involved in that co-operation on the loan meant to finance Ndola Stadium.

Mr Chipungu:  Mr Speaker, the reply has been coming to this House. The amount that we got, and was applied for, was US $65 million.

 I thank you, Mr Speaker.

Mr Kapeya (Mpika Central): Mr Speaker, could I learn from the hon. Minister whether the new stadium will be given a special name. Is it not high time this country started honouring the fallen soccer heroes by renaming these new stadiums after them?

Mr Chipungu: Mr Speaker, that is a new question. No thought has yet been made whether the stadium will be given a special name. I suppose we can name it as Bwezani.

Laughter

Mr Chipungu: I am sure that is what hon. Members of Parliament want.

Laughter

Mr Chipungu: We shall name it as Rupiah Bwezani Banda National Stadium.

 I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

 Laughter

Mr Speaker: Well, that was the answer.

Laughter

Mr Speaker: Order! May the House settle down? I am unaware whether the hon. Member for Bangweulu has said anything because he is not in the House. The question has lapsed.

REVENUE COLLECTED FROM TOURISM ACTIVITIES IN LUSENGA NATIONAL PARK IN 2008

430. Dr Chishya (Pambashe) asked the Minister of Tourism, Environment and Natural Resources:

(a) how much revenue, in real terms, the Government collected from tourism activities in Lusenga National Park in Pambashe Parliamentary Constituency in 2008; and

(b) how the revenue collected was utilised.

The Deputy Minister of Tourism, Environment and Natural Resources (Ms Tembo): Mr Speaker, the Government collected K1,090,000 and US$20 thousand from tourism activities in 2008 in the Lusenga National Park.

Sir, you may wish to note that the revenue generated above was very little hence it was used to supplement ZAWA’s allocation to Lusenga National Park to purchase fuel for patrols in the same park.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr V. Mwale: Quality!

Dr Chishya: Mr Speaker, is the Government considering giving a share of the revenue generated from the tourism in this park to the community living around it?

The Vice-President and Minister of Justice (Mr Kunda, SC.): Mr Speaker, in respect of the revenue collected from this kind of activity, communities are required to make some Community Resource Boards so that they can have a share in such kind of revenue.

I thank you, Mr Speaker.

Mr Simuusa (Nchanga): Mr Speaker, the collection of revenue amounting to K1 million, the whole year, for a national park is not good. In short, if we put all the costs of running together, this park is making a loss. Could the hon. Minister inform this House what measures he has taken to improve the revenue collection of this national park instead of making losses?

The Vice-President and Minister of Justice: Mr Speaker, if this asset is advertised aggressively we can improve on revenue by having more tourists going to the park.

I thank you, Mr Speaker.

Dr Kalumba (Chienge): Mr Speaker, could it be possible that the reason for the low levels of revenue for Lusenga National Park is because of the low stock levels of animals hence the need to restock this park as well as the park next to it which is Mweru- Wa-Ntipa?

The Vice-President and Minister of Justice: Mr Speaker, we need to restock the park in order to attract more tourists to this tourist resort. In this way, we can get more revenue. Indeed, that particular observation is noted. There is need for us to improve on our parks so that more people can visit them and, thereby, enabling us to generate more revenue.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Nkombo (Mazabuka Central): Mr Speaker, His Honour the Vice-President and the Learned Minister of Justice indicated that aggression in advertising would be one sure way of moving from the red to the black and, in short, make profits. When will His Honour the Vice-President get aggressive in order to deal with this matter?

The Vice-President and Minister of Justice: Mr Speaker, as you can see, this particular area is in the Northern Circuit and we announced measures to improve on tourist resorts in the northern circuit. We talked about creating more tourist zones and these are matters which were even covered by His Excellency the President when he opened this Parliament. Therefore, measures are in place.

I thank you, Sir.

Hon. Government Members: Hear, hear!

MUNUNSHI BANANA SCHEME

431. Mr D. Mwila (Chipili) asked the Minister of Commerce, Trade and Industry:

(a) what the future of Mununshi Banana Scheme in Mwense District was; and

(b) whether the Government had any intentions to repossess the banana plantation (a) at above.

The Deputy Minister of Commerce, Trade and Industry (Mr Taima): Mr Speaker, Mununshi Banana Scheme was sold to Colwyn Group of Companies, which is a Copperbelt-based company, on 20th December, 2000. Therefore, the future of the company depends on the plans that the current company owners have.

Sir, Government policy is to have a private-sector-led economy hence there are no plans to repossess the banana plantation.

I thank you, Mr Speaker.

Mr D. Mwila: Mr Speaker, I know that Mununshi Banana Scheme was sold to an MMD cadre …

Laughter

Mr V. Mwale: So what?

Mr D. Mwila: … at that time.

Mr V. Mwale: He is a Zambian.

Mr D. Mwila: Mr Speaker, the reason the Government sells or privatises companies …

Mr Speaker: Order! What is your question?

Mr D. Mwila: My question is: What measures has the Government put in place to ensure that Mununshi Banana Scheme starts its operations and employs people?

Interruptions

Mr V. Mwale: Niyabene iwe!

Mr Taima: Mr Speaker, I have been very clear in my response that this company is owned by a private individual. However, it is good to note that my colleagues on the left side of this House and many Zambians out there have been saying that whenever the Government considers privatising companies, it must give priority to Zambians. Hence, this is one such company which was sold to a Zambian.

Hon. Government Members: Hear, hear!

Mr Taima: The Colwyn Group of Companies that bought Mununshi Banana Scheme is a big successful company which we, as a Government, had no doubt, at the time we sold the banana scheme to it, had the capacity to carry on with the activities there. However, I wish to emphasise that, as Government, we have no intentions of taking over the operations or repossess the company. At the moment, we are engaging the owners of the company to consider reviving the activities of the company as quickly as possible.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Mukanga (Kantanshi): Mr Speaker, I would like to find out from the hon. Minister whether there is a monitoring system in place to check the performance of privatised companies.

Mr Taima: Mr Speaker, though that sounds like a new question, I wish to mention that there is a requirement under the laws of Zambia that companies are supposed to file annual returns to the Registrar of Companies and many other relevant Government institutions. Therefore, we, as Government, have a mechanism of monitoring the performance of companies.

I thank you, Mr Speaker.

Mr Msichili: Mr Speaker, it has been reported that for several months, workers at Mununshi Banana Scheme have not been paid their salaries. Has the Government got any intentions to intervene in this …, this thing?

Laughter

Mr Taima: Mr Speaker, though I am too sure about the thing that the hon. Member is referring to, …

Laughter

Mr Taima: … I wish to inform him that it is not the Government’s business to pay salaries to employees under a private company.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Chimbaka (Bahati): Mr Speaker, could the hon. Minister, correctly, inform this House what the President meant when he addressed the people at Mansa Airport, in my constituency, in Luapula Province, and told them that the Government was seriously looking into alleviating the problems at Mununshi Banana Scheme, Kawambwa Tea Estates and Mansa Batteries. Could he tell us exactly what His Excellency the President meant?

Mr Taima: Mr Speaker, although I am not supposed to comment on hearsay, if it is official, it has appropriate channels of reaching our ministry. If it will come as a directive, we will take it up as a ministry and act upon it accordingly.

My general comment would be that when the Government says it is going to do everything possible to ensure that it revives given companies, there are many approaches of doing so, one of them being engaging the owners of the companies and encouraging them to ensure that, as quickly as possible, they get on the ground and re-activate the activities of these companies.

Mr Speaker, I am aware, for instance, that the current owners – I would not just like to get into too much detail about them because they own the company privately and have their own plans – are apparently trying to recapitalise the Mununshi Banana Scheme and considering, for example, plans to come up with an extension of this scheme into growing potatoes besides growing bananas. This morning, we engaged them and they assured us that they have plans to revive the operations of the company.

I thank you, Mr Speaker.

Hon. Members: Hear, hear!

Dr Kalumba: Mr Speaker, accepting the fact that when the Government privatises, it becomes the responsibility of the private company and at the same time knowing the productivity in this area in terms of the banana plantation, are there plans to encourage more investors in Luapula Province in the area of establishing banana plantations?

Mr Taima: Mr Speaker, that is exactly what we are doing as a ministry. We are not just trying to focus on two or three companies that were once very active and major employment creating companies in Luapula which are Kawambwa Tea Estates, Mununshi Banana Scheme and Mansa Batteries but, as a ministry, we are now trying to engage in a number of plans aimed at bringing economic life back to Luapula. They are not necessarily going to be on the premise of the three companies which were once viable. Therefore, we are not going to make Government assurances before making as much progress as possible with the prospective investors. However, suffice to say that we have many prospective investors who are intimating that they would like to invest in Luapula Province.

I thank you, Mr Speaker.{mospagebreak}

ELECTRIFICATION OF KAWAMA BASIC SCHOOL IN MWENSE DISTRICT

432. Mr Chongo (Mwense) asked the Minister of Education:

(a) when Kawama Basic School, which is less than 300 metres away from the nearest transformer in Mwense District would be electrified; and

(b) what the anticipated developmental benefits of electrifying the school were.

Ms Siliya: Mr Speaker, it is the interest of the ministry to have the schools in rural areas electrified. The Government, under the Rural Electrification Programme, has, so far, electrified five schools in Mansa District. It is hoped that the programme will be extended to Mwense where Kawama and other basic schools are likely to benefit. The ministry will continue to liaise with the Rural Electrification Authority to have the schools electrified.

Mr Speaker, when the school is electrified, illiteracy levels in the community are expected to reduce because adult education will be enhanced. The performance of the pupils is also likely to increase as pupils will be expected to extend their study time by studying at night and they will be able to sustainably use new technology such as computers.

I thank you, Mr Speaker.

Mr Chongo: Mr Speaker, this hon. Member, which is myself, is working very hard even to the extent of …

Mr Speaker: Order! You have no supplementary question to ask since you are working very hard.

Laughter

Mr D. Mwila: Mr Speaker, we have been told, on the Floor of this House, that the Rural Electrification Programme will go on up to 2030. I would like to find out from the hon. Minister whether the ministry has any plans to come up with programmes to electrify the schools.

Ms Siliya: Mr Speaker, the rural electrification programme is a national one and, as a ministry, we have no plan to duplicate the efforts of the Ministry of Energy and Water Development who are using this programme to provide electricity to rural areas. Our task is to work closely with the Ministry of Energy and Water Development so that wherever they pull power, we ensure that it is also made accessible by our education institutions.

I thank you, Mr Speaker.

Mr Beene: Mr Speaker, it is evident that when money is budgeted for under the rural electrification programme, it is not adequate. Why is it that the Ministry of Education has not been budgeting for the electrification of its own schools?

Ms Siliya: Mr Speaker, like I said, providing electricity to the nation is a national programme and there are appointed agencies and ministries that have been mandated to provide this service to the nation. It is not just the Ministry of Education that would benefit, through education institutions, because when power is taken to any rural area, other institutions such as health institutions or chiefs’ palaces also benefit. Therefore, it has to be a co-ordinated programme that electricity is first taken to an area and then moved the last mile to the various institutions, otherwise we will be duplicating the very limited resources. The Ministry of Education has a different mandate, but it will work closely with our colleagues, particularly in the Ministry of Energy and Water Development.

I thank you, Mr Speaker.

Hon. Members: Hear, hear!

ERADICATION OF ILLEGAL MEAT VENDING IN MARKETS

433. Mr Hamusonde (Nangoma) asked the Minister of Local Government and Housing what measures had been taken to eradicate the rampant illegal meat vending in the markets of Lusaka.

The Deputy Minister of Local Government and Housing (Dr Puma): Mr Speaker, I wish to inform this august House that, first and foremost, the public health (meat, abattoir and butcheries) regulations made under the Public Health Act Cap. 395 of the laws of Zambia prescribes how meat is supposed to be sold.

Mr Speaker, Regulation 45 of the same Act provides that every butchery should comply with the following:

(i) the premises should be constructed of materials approved by the local authority;

(ii) every room, with the exception of a room used as a cold store, must be adequately lit and ventilated;

(iii) all counters and tables upon which meat is placed should be surfaced with non-absorbent materials; and

(iv) the doors and windows should be provided with effective fly screens of wire gauze and the said screens should be maintained in a state of thorough repair. All screened doors should be so made as to be automatically self-closing.

Mr Speaker, it is clear that the environment under which the meat is sold in Lusaka markets does not meet the above set out conditions. To counter these problems, the ministry has directed the council to do the following:

(i) conduct routine inspection of markets and confiscate and destroy meat and other products sold in undesignated areas. Meat vendors contravening the regulations should also be charged and prosecuted;

(ii) mount roadblocks on strategic roads and prosecute all illegal transporters of meat; and

(iii) all markets being constructed in Lusaka and other areas should have butchery facilities so that there is no excuse by vendors to sell meat in undesignated areas.

Mr Speaker, in most cases, illegal meat vendors have complained of lack of butchery facilities in markets as an excuse for selling in undesignated areas.

I thank you, Mr Speaker.

PROMOTION OF TEACHERS

434. Ms Kapata (Mandevu) asked the Minister of Education why the ministry took long to promote teachers who upgraded their academic qualifications.

Ms Siliya: Mr Speaker, teachers who have upgraded their academic qualifications are not automatically promoted. Promotion is based on merit and the availability of vacancies created through resignations, retirements and deaths. Therefore, teachers who have upgraded their academic qualifications are not automatically promoted, but their salary scales are upgraded by a notch and when there is a vacancy and, depending on the school establishment, promotions are effected.

I thank you, Sir.

Hon. Government Members: Hear, hear!

TARRING OF THE PEDICLE ROAD

435. Mr Mukanga asked the Minister of Works and Supply when the Pedicle Road would be tarred.

The Deputy Minister of Works and Supply (Mr Ndalamei): Mr Speaker, the Ministry of Works and Supply is desirous to upgrade the existing gravel road between Mokambo and Chembe to bitumen standard. The ministry intends to implement the project through a Public Private Partnership (PPP) approach, as there is no money readily available to apply to the project. A tender to carry out a feasibility study to determine the viability of the PPP has been floated. The National Road Fund Agency (NRFA) is spearheading the study.

I thank you, Sir.

Mr Mukanga: Mr Speaker, when TATA Zambia was trying to reopen the motor vehicle industry in Ndola, it proposed to partner with the Government to tar the Pedicle Road. What happened to that proposal?

The Minister of Works and Supply (Mr Mulongoti): Mr Speaker, we are not aware of that proposal. This is an issue that we have been debating in this House for a long time. I know the hon. Member is so frustrated that he wants to cling to an issue which we have explained in the past.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Laughter

Mr Munaile (Malole): Mr Speaker, the Government of the Republic of Zambia spent a lot of money on the construction of the Mwanawasa Bridge. Does the hon. Minister know that the intended purpose of this bridge will not be fully realised if the Pedicle Road is not tarred? We will not get the full benefits of the bridge.

Mr Mulongoti: Mr Speaker, only a week ago, in answering a similar question, I explained that we have graded the Pedicle Road. As a result, it now takes forty minutes now to travel from Mokambo to Chembe. I also said that the purpose of constructing that bridge was to make it easier for people to travel through the Pedicle Road and that we intend to tar the road so that people can travel from the Copperbelt to Mansa, Mansa to Luwingu, Luwingu to Kasama and all the way to Mbala, Mpulungu and Nakonde.

Mr Speaker, I do not think it is fair for the hon. Member to think that we built the Mwanawasa Bridge for no purpose at all. As a Government, we have said that, funds permitting, we will tar the road. I also informed the House that the Government of the Democratic Republic of Congo (DRC) has told us that this road is not a priority for them, but we can find money to construct it and then toll it so that we can recover some of our costs.

Mr Speaker, I would like to tell the hon. Member that we were very purposeful when we constructed the bridge. If he has doubts about this, I would like to assure him that we are committed to ensuring that the Pedicle Road is tarred one day. However, this must fall in the priorities of the State.

I thank you, Sir.

Hon. Government Member: Hear, h ear!

Dr Kalumba: Mr Speaker, following the hon. Minister’s response that the Government of the DRC does not consider the Pedicle Road a priority, could the ministry initiate a diplomatic understanding that when this road is constructed by the Zambian Government, it will have total control over it?

Mr Speaker: Quite clearly, this question has been exhausted. I have, as all of you have heard, that the option is PPP. As the Chair, I cannot go beyond this. I heard that the option was PPP. It is up to the hon. Minister to deal with the details.

Mr Mooya (Momba): Mr Speaker, it will be PPP, single sourcing or not.

Laughter

Mr Speaker: There is an additional answer.

Laughter

Dr Machungwa: Mr Speaker, the hon. Member of Parliament for Kantanshi’s question was: when would the road be tarred? The hon. Deputy Minister, in his reply, said that a tender is being floated for a feasibility study. When are the tender and feasibility study procedures expected to be completed so that we can begin to construct the road?

Mr Mulongoti: Mr Speaker, I know the interest is not so much in the feasibility study, but the construction of the road.

Hon. Opposition Members: Yes.

Mr Mulongoti: We are, in this House, debating the PPP Bill which will put in place a law to facilitate how we are going to partner with the private sector. We have said that we shall advertise for the private sector to participate in this project as soon as possible. I do not want to give a Government assurance so that, tomorrow, you turn around and accuse us of reneging on the commitment. All I can assure you is that we are doing a feasibility study to establish the cost so that, at the end of the day, we can establish a time-frame within which to do the road. Therefore, hon. Member, as soon as we are ready, we will let you know.

I thank you, Sir.

____________

BILLS

SECOND READING

THE HEALTH PROFESSIONS BILL, 2009

The Minister of Health (Mr Simbao): Mr Speaker, I beg to move that the Bill be read a second time.

Mr Speaker, the Health Professions Bill, 2009, seeks to repeal and replace the Medical and Allied Professions Act, Cap. 297 of 1977. In light of this, it gives me profound gratitude to present the Health Professions Bill, 2009.

This Bill is a product of an intense and wide consultative process with all the stakeholders which was started as far back as 1990. The aims and objectives of the Bill can be summed up as follows:

(a) to provide for the registration of health practitioners with the support and confirmation of their respective registered professional associations;

(b) to regulate the professional conduct of health practitioners and ensure that patients’ rights are protected;

(c) to provide for the licensing of institutions offering health care services and this includes private, public and faith-based health facilities;

(d) to provide for accreditation of health care services provided by health facilities, especially those offering Anti-Retroviral Therapy (ART) services to ensure that standards are maintained;

(e) to provide for the recognition and approval of training programmes for the health professions and advising on new developments in the improvement of the teaching and learning environment;

(f) to rename the Medical Council of Zambia as the “Health Professions Council” so that it covers all aspects of health and not just medicine related;

(g) to repeal the Medical and Allied Professions Act, 1977; and

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

In particular, the Bill addresses some of the following specific issues:

(a) subjects health facilities, regardless of the ownership, to the licensing authority of the council;

(b) empowers the council to set requirements for continuing professional education as a condition for the issuance of the annual practising certificates to registered health professionals and provides for the council to define and approve such training;

(c) provides for approval of all training programmes, which will serve as prerequisites for registration of new health professionals and bans unapproved programmes from advertising that they prepare students for professional registration;

(d) tightens the rules for “temporary” registration of health professionals trained outside Zambia, granting registration only for a limited period and pursuant to employment by the Zambian Government or a Zambian organisation, requires such professionals to speak English and empowers the council to require proof of qualification equivalent to that required for provisional registration;

(e) creates a new category of “limited registration” for foreign health professionals invited to serve temporarily at Zambian institutions and tightens the requirements for a foreign professional to obtain full registration in Zambia; and

(f) creates a specific right of citizen complaint against health professionals or health facilities and procedures for filing such complaints.

Mr Speaker, from the foregoing it is clear that this Bill is non-controversial and very progressive as it aims at achieving the national vision of ensuring equity of access to quality health care services as close to the family as possible. I, therefore, urge hon. Members to support it.

Mr Speaker, I beg to move.

Mr Habeenzu (Chikankata): Mr Speaker, in accordance with their terms of reference, your Committee were on 16th July, 2009, mandated by the House to scrutinise The Health Professions Bill, 2009.

 The intention of this Bill is to strengthen the management and co-ordination of the Health Professions Council of Zambia and to strengthen the regulation of the health profession, especially in the area of ethical standards.

In considering the Bill, your Committee requested written submissions from various stakeholders who also appeared before them and made oral submissions. Your Committee wish to thank all those who appeared before them for responding at short notice.

Sir, in recent years, the country has experienced an increase in the number of emerging diseases. There have been increased calls for the Ministry of Health to source for expertise to handle such diseases. It is, therefore, imperative that personnel trained in various fields, both locally and internationally, are recognised and regulated by the bodies mandated to do so in the country. Furthermore, it is paramount to note that this Bill has actually listed all cadres in the health sector who will be registered with the council according to their professions.

Mr Speaker, your Committee wish to report that all the witnesses who appeared before them were in support of the Bill. They, however, expressed concern on the need for the health practitioners to be regulated by the professional bodies so that the Health Professions Council can concentrate on monitoring, training and maintaining standards in health institutions.

They also observed that the accreditation and authentication of qualifications was a very complex and costly exercise. They were of the view that applicants, at their expense, should file their papers for accreditation to such specialised bodies that deal with accreditation of documents as the council may see fit.
Sir, in supporting this Bill, your Committee recommend as follows:

(a) the Government, through the proposed council, should be expeditious in the issuance of letters of recommendation to those expatriates who have completed their terms of contract so that they do not have problems getting jobs elsewhere;

(b) the Government should take a policy position on the usage of the word ‘doctor’ in the health profession to avoid the use of the word loosely as is the case now where even traditional healers are also called doctors;

(c) the composition of the boards should clearly state the number of female representation on the board so that the country is seen to be actively pursuing issues of gender in line with international agreements; and

(d) the screening of expatriate health professionals during recruitment should be carefully conducted to avoid employing officers who cannot speak English and thereby fail to communicate with their colleagues.

Mr Speaker, your Committee wish to express their gratitude to you for granting them the opportunity to scrutinise The Health Professions Bill, 2009. They further thank the Office of the Clerk of the National Assembly for the assistance rendered to them throughout their deliberations.

Mr Speaker, I thank you.

Dr Katema (Chingola): Mr Speaker, I thank you for allowing me to add my voice to this very important Bill on the Floor of this House.

From the outset, let me say that I am a member of your Committee on Health, Community Development and Social Welfare which was tasked by you to scrutinise the Bill and receive submissions from witnesses.

Mr Speaker, I also wish to declare interest by stating that I am a medical doctor by profession and registered under the Medical Council of Zambia.

Interruptions

Laughter

Dr Katema: Having listened to all the stakeholders from the representatives of the health professionals as well as from Government departments, it came out very clear that all of them were in support of the idea of self-regulation by the professionals.

Mr Speaker, there is a saying that says that: “If you want o know how the hippo lives, you better ask the crocodile.”

Mr Speaker, looking at the Bill, there is nowhere where it states the mandate of the professional bodies that represent the physiotherapists, Radiographers and doctors. There is nowhere in the Bill where it says that their bodies shall be consulted. Their roles are not stipulated in the Bill. Therefore, it brought apprehension that probably, in the current form, the Bill will render their professional bodies almost irrelevant. In all the clauses you will find it is stating that ‘the council shall do this when it is registering medical professionals or it shall do this without the clause stating that in consultation with the professional bodies.’

Mr Speaker, when we look at the list of professionals who will be registered under this council, the list is very long such that there is no possibility for each member or professional body to be incorporated on to this board. At the end of it all, you will find that the peers of these professionals will come in only when a professional is faced with a disciplinary charge. This is the only time when the council shall co-opt a member from the professional body from which the professional facing the disciplinary committee comes from. If it is a doctor who has erred, that is when they will co-opt a doctor in the disciplinary committee. This has caused some apprehension amongst some professionals.

Mr Speaker, I looked through this Bill and found out that it has been stipulated on how a person can be provisionally registered, but it is silent on how one can graduate from provisional to permanent registration.

Mr Chilembo: On a point of Order, Sir.

Mr Speaker: A point of order is raised.

Mr Chilembo: Mr Speaker, I rarely raise points of order. However, listening to the hon. Member who is part of your Committee, is he in order to be debating in the manner he is? He is weakening the report rather than strengthening it. Is he in order to debate in that manner? I seek your serious ruling.

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

Mr Speaker: The point of order which has been raised by the hon. Deputy Minister in the Ministry of Justice is, indeed, valid. There are pitfalls if you are a member of the committee in debating issues below or above what the committee has recommended. I think that is what is going on here. Therefore, if the hon. Member has nothing new to add, he should let those who may have benefited from his committee’s report do the debating.

Laughter

Mrs Masebo (Chongwe): Mr Speaker, I want to support the Bill and commend the hon. Minister of Health and your Committee for a job well-done. I think that this Bill is over due and I just have two points to make.

The first point is that your Committee have brought out the issue of engaging doctors that have difficulties in speaking the official language. I hope that with the strengthening of the Medical Council of Zambia that has now changed its name to the Health Professional Council, the Government will ensure that even when doctors are negotiated for at diplomatic level, the aspect of language will be taken into account. The new council must be allowed to exercise its function of scrutinising doctors without using short cuts on account that we are in desperate need of medical professionals.

Mr Speaker, whilst the point is appreciated that Zambia has a big gap in terms of numbers of doctors and other medical practitioners in the country, it is important that we get people who, at least, have a basic understanding of the official language. It is difficult to administer medical care to somebody if you do not even know a word like ‘good morning,’ ‘what is paining’ in the official language. I think that if the Bill is strengthened, the council would be allowed to perform its functions almost word for word because issues of health are very delicate. If you have people that cannot articulate themselves effectively or cannot understand when a patient is explaining, it causes problems.

 Mr Speaker, I am happy that this Bill encompasses all the medical professionals.

Mr Speaker, Zambia, today, has been invaded by so many professionals in the health sector. If you just open any one of these newspapers especially The Post newspapers, you will find so many advertisements of foreign doctors that have come on the market. They will tell you that if you want to pass, become a politician or keep your husband from sleeping outside your home, come and see me. Out of desperation, people are going to see these doctors when there is nobody to protect them. Therefore, it is important that this council begins to bite. We just have too many fake doctors on our streets. In the capital city, we have too many people masquerading as doctors specialised in so many ailments and yet they are just out to make money. I hope that this council is going to be different from the Medical Council of Zambia and that this Bill, once enacted, will, in a way, strengthen the council so that it can protect our people.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Chimbaka (Bahati): Mr Speaker, I want to support the Bill which is long over due. I want to adopt Hon. Masebo’s debate as mine.

Mr Speaker, it is very important that the Government regulates especially our colleagues in the health faculty. If you took a tour of Lusaka, you would see that there are numerous foreign doctors from China, India, Asia, Democratic Republic of Congo and Malawi. We also have a good number of doctors from Chipata. Recently, we witnessed, unfortunately, a white foreigner dying in one of the hospitals in Kamwala in the hands of one Ngoni man who was masquerading as a doctor from Eastern Province.

Laughter

Hon. Member: Doctor Bwezani.

Mr Chimbaka: Mr Speaker, it was very unfortunate. Therefore, the medical fraternity must be regulated. The Government must regulate and guide health professionals so that they can assist it in trying to realise its policies in the health sector. It is very important that the new council addresses most of the critical issues.

Of late, Mr Speaker, we have had incidents at the University Teaching Hospital, in particular, where colleagues unlike those in the teaching profession, have failed to uphold their ethics. Colleagues in the medical field have opted to abandon their professional ethics, maybe, in search for greener pastures. This is the more reason why we can hear and read about stories of pregnant women giving birth in corridors and dying while delivering because nobody attends to them. It is very unfortunate. Therefore, I want to support this Bill and say that it is very important for the Government to move in and provide direction when people fail to regulate themselves. 

With these few remarks, I support the Bill. It is long overdue.

Thank you, Sir.

Mr Simbao: Mr Speaker, I want to thank the House for the support and, in particular, the hon. Member for Chongwe and the hon. Member for Bahati for their contributions.

I thank you, Sir.

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

Committed to a committee of the Whole House.

Committee on Friday, 7th August, 2009.

_______

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the Chair]

THE CONSTITUTION OF ZAMBIA (Amendment) BILL, 2009

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Amendment of Article 117)

Mr Lubinda (Kabwata): Madam Chairperson, I beg to move an amendment in Clause 2, on page 3:

(a) in line 10 by the deletion of the words ‘within ninety days’ after the word ‘Assembly,’ and the substitution therefor of the words “not less than ninety days’; and

(b) in line 23 by the deletion of the words ‘within ninety days’ after the word ‘Assembly,’ and the substitution therefor of the words ‘not less than ninety days’.

The Vice-President and Minister of Justice, SC. (Mr Kunda): Madam Chairperson, we reject this particular amendment. I would urge the hon. Member in the interest of harmony in the House to withdraw this amendment.

Madam Chairperson, the reasons are that the wording which we have used ‘within ninety days’ is the wording which has been used from 1964…

Hon. Government Member: Before he was born.

The Vice-President and Minister of Justice: … and we have had no problems with this kind of wording. The wording allows for flexibility and our experience in this House is that we normally approve the budget in less than ninety days. For example, we have approved the budget in two months before. Now, if you say that the budget shall be presented in not less than ninety days, it means you are being rigid and for us in the Government, especially in situations where we are holding elections, it may not be possible to prepare the budget in not less than ninety days before the commencement of the financial year. That is why for flexibility’s sake, we allow for a period of ninety days so that within that period, it may be sixty days or even less, we can come to the House and have the budget presented and approved. There are many unforeseen circumstances which we may face in governance and, therefore, we do not accept this particular amendment and we shall vote against it.

I thank you, Sir.

Major Chizhyuka (Namwala): Madam Chairperson, I rise to support the amendment…

Hon. UPND Members: Hear, hear!

Major Chizhyuka: … as presented.

Madam Chairperson, I happen to have been a member of the committee that deliberated to amend this Constitution. One of the critical submissions from the witnesses was the absence, in most cases, of a short consultative process. The Government has just borrowed words from the Constitution from as far back as 1964 and only replaced three months with ninety days which is exactly one and the same thing.

It is important that the National Assembly of Zambia be accorded the ninety days period, sufficient time, in which to debate the Constitution. Following the amendment to change the Budget Cycle, there shall always be some form of problems associated with the year in which there is an election. With respect to that period, if the Government has specific intentions to pass a budget in a much shorter period of time in order to allow for certain facilitations at the expense of scrutiny, if we leave it as it states, it is possible for the Government to say within ninety days.  That ‘within ninety days’ can come in twenty days before the end. That ‘within ninety days’ can come in two weeks before. That ‘within ninety days’ can come in three days before. There is no need for sticking to the English phraseology which is, in actual fact, wrong even if we have passed it from 1964. At this day and age when people have gone to the moon, there is nothing that stops this House from put correcting the English phraseology which will facilitate a period of ninety days and cannot be circumvented by any Government that will come thereafter.

Madam Chairperson, in view of what I have said, I would like to repeat that I support the amendment.

The Minister of Finance and National Planning (Dr Musokotwane): Madam Chairperson, I thank you for giving me the opportunity to debate the amendment that has been moved on the Floor of the House.

Madam Chairperson, I also wish to reject the proposed amendment.

Hon. Government Members: Hear, hear!

Dr Musokotwane: The reason is that the amendment that has been proposed withdraws any form of flexibility for the Government regarding the date for our submitting the Budget to Parliament. I think this is totally unreasonable. I see no reason why we should not accept what this House has always done in the past, which is to say that the Budget should be presented within ninety days prior to the end of the year.

In fact, a later clause in the same amendment that was presented to the House says that the Budget must be approved by 31st December. To me, this indicates that whatever happens, the Budget must be passed by the last date of the year preceding the year when the Budget becomes operational. That is already fixed.

The Amendment that has been presented by His Honour the Vice-President says that ninety days before 31st December, the Budget must be presented. Therefore, within those ninety days, the Government is given the flexibility to present the Budget. This could be ten days before the ninety days.

Interruptions

Mr Lubinda: Yes 

Dr Musokotwane: No, do not misunderstand me. Ninety days before the 31st of December is beginning of October.

Mr Lubinda: Yes!

Dr Musokotwane: This means that the Budget could be submitted to Parliament on the 1st, 2nd or 3rd of October.

Mr Lubinda: Even 4th!

Dr Musokotwane: Yes, that is possible but, please, be reasonable.

Laughter

Dr Musokotwane: No one has ever presented a budget here one month before the end of the time period. The Budget has always been presented on time as far as I can recall. I have been following this issue and I do not recall a time when the Government ever presented the Budget one month before the end of the time period. Adequate time has always been provided.

Madam Chairperson, I am just puzzled about the mistrust on whatever the Government wants to do. I wonder why people must view everything with suspicion. I do not see any reason for this. I beg that this flexibility on the side of the Government must be allowed to stay.

I thank you, Madam Chairperson.

The Chairperson: Hon. Members will recall that we had the opportunity to debate the Bill at Second Reading Stage, but I will allow one more hon. Member to debate.

Mr Milupi (Luena): Madam Speaker, I thank you very much for according me the opportunity to contribute on this amendment.

Madam, the import of this amendment to the Constitution, essentially, is to ensure that at the beginning of each year we do have a Budget in place.

However, there is a process that leads to that Budget and the Appropriation Act to be put in place. The understanding that most of us have is that in order for that process to be complete, this House, your House, Madam Chairperson, needs to adequately delve into matters of the proposals from the Executive. It is the responsibility of this House to appropriate sums of money to meet Government expenditure. That is what the Constitution states. In the light of that and in the light of making our democracy work, there is no need to ambush one arm of the Government.

Madam Chairperson, the flexibility can be provided. In fact, it is already built in the amendment that not more than ninety days before the end of the year, the Executive or the hon. Minister of Finance and National Planning shall cause to be presented to this House a Budget. It means that they can do it even after June, August or any time they want. That is the flexibility. In fact, even though we should not be speaking about what is happening in other bodies, the proposal in other bodies is exactly in line with the amendment that Hon. Lubinda has presented to this House.

Hon. Opposition Members: Hear, hear!

Mr Milupi: Madam Speaker, with that, we assumed that the import of this Bill is to improve matters and if we are here to improve matters, let us be generous. I appeal to the Executive to support this amendment.

I thank you, Madam.

Mr Lubinda: Madam Speaker, I thank you most sincerely for giving me the opportunity again.

Madam Speaker, let me just draw the attention of the House to the fact that, yes, the current Constitution could have the word “within” but that “within” is in different context from the word “within” in the Bill. I will demonstrate that.

However, even beyond that, is change not what we are here for? Should we stick to this because it applied in 1964?

Hon. Opposition Members: No!

Mr Lubinda: This is 2009 and should we really stick to archaic issues? No!

Madam Speaker, let me demonstrate that this word, “within” is in different context. Article 117 says,

“the Minister responsible for finance shall cause to be prepared and shall lay before the National Assembly, within three months after commencement of the financial year.”

Madam, this one says,

“ … within three months prior to the commencement.”

 So, the context is different. Why is it important for us to say, in no less than ninety days? In the current Constitution, there is no date upon which the Appropriation Act must be passed by Parliament. This means that once the hon. Minister lays the Budget on the Table for the year, within three months from the commencement of the year, you will have all the time to debate it without a closing date …

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

Mr Lubinda: …whereas the current amendment provides the 31st of December as the date on which the Appropriation Act must be passed by Parliament. What that means is that under the current Constitution, you can debate for three or four months, but under this Act, unless we say not less than ninety days before the commencement of the year, just like the hon. Minister of Finance and National Planning declared and accepted, it is possible to bring the Budget one month or a day before, prior to, the commencement of the financial year.

Madam Chairperson, people used words like “reasonable” and so on. I suppose that you are aware that every hon. Member of this House is here because they are reasonable. We are here to convince each other and not to use language like that. I hear people heckling and saying, “reasonableness.”

Madam, let me state that what we are doing is preparing ourselves to avoid a situation where we have a Government that wants to ambush Parliament.

Interruptions

Mr Lubinda: Madam, this Government might not want to do that, but who knows that after the 2011 elections, I might be Minister of Finance and National Planning and want to ambush them? Who knows that?

Laughter

Mr Lubinda: Therefore, we are not doing it out of vengeance for the current Government. We are doing it for the sake of Zambia, out there…

Hon. Opposition Members: Hear, hear!

Mr Lubinda: …because this Government, His Honour the Vice-President and Minister of Justice, the Chief Whip, the Minister of Finance and National Planning and the Minister of Agriculture and ‘crops and animals’ might be very reasonable people.

Laughter

The Chairperson: Order! Wind up your contribution.

Mr Lubinda: They are very reasonable people who will not want to bring the Budget…

The Chairperson: Order! Hon. Member, you have made your point.

Interruptions

The Chairperson: Order! Let us learn to make the points and move on so that we go through the work.

The Vice-President and Minister of Justice: Madam Chairperson, we are being held to ransom because of the two-thirds majority required for the Third Reading.

The Chairperson: Order! Your Honour, let me clarify. This is not a two-thirds majority requirement at this stage. This is an amendment within an amendment.

You may continue.

The Vice-President and Minister of Justice: Madam Chairperson, what I mean is that we will need each other when we come to the Third Reading. So, in order to…

Interruptions

The Chairperson: Order! You are supposed to be listening and not talking. Only one person must talk and the rest must listen.

Interruptions

The Vice-President and Minister of Justice: Madam Chairperson, with your indulgence, is it possible to defer discussion on this Bill for a few minutes and continue with the other Bills?

The Chairperson: We still have a lot of business on the Order Paper and, therefore, the House, for the sake of progress will defer discussion on this Bill for a few minutes, but we will continue deliberations on other Bills.

Question put and agreed to. Leave granted.

The debate on the Bill, by leave, accordingly deferred.

Hon. Members: Hear, hear!

Interruptions

The Chairperson: Hon. Members, there is too much consultation. The Chair does expect that with this deferment, there will be quiet consultation.

Clauses 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, …

The Chairperson: Order!

Business was suspended from 1615 hours until 1430 hours.

[THE CHAIRPERSON OF COMMITTEES
 in the Chair]

105, 106, 107, 108, 109, 110, 111, 112, 113 and 114 ordered to stand part of the Bill.

Title agreed to.

THE INFORMATION AND COMMUNICATION TECHNOLOGIES BILL, 2009

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60 …

Interruptions

The Chairperson: Order! Hon. Members, you are advised to lower your voices even though you are not contributing.

Clauses 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 ordered to stand part of the Bill.

Title agreed to.

81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 and 92 ordered to stand part of the Bill.

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

Title agreed to.

THE POSTAL SERVICES BILL, 2009

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 …

Interruptions

The Chairperson: Order! Hon. Members, can you, please, lower your voices.

… 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81. 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 ordered to stand part of the Bill.

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

Title agreed to.

The Chairperson: Hon. Members may remember that we still have a Bill pending and I will suspend business for ten minutes. We can be here or other essential places, but in ten minutes we should reconvene.

Business was suspended from 1706 hours until 1717 hours.

[THE CHAIRPERSON OF COMMITEES
 in the Chair]

THE CONSTITUTION OF ZAMBIA (Amendment) BILL, 2009

Mr Lubinda (Kabwata): Madam Speaker, I want to inform the House that courtesy of His Honour the Vice-President, who asked for a deferment so that he could consult over my amendment and with the agreement of my colleagues who supported this amendment, we have decided that by leave of the House, I amend my amendment so that it reads as follows:

In Clause 2, line 10 and 23

By the deletion of the words ‘within ninety days’ after the word ‘Assembly,’ and the substitution therefor of the words ‘by the first day of October, but not later than the second Friday of October.’

Madam Chairperson, by leave of the House, I seek to amend my amendment accordingly and this is as a result of a very fruitful and reasonable agreement arrived at by ourselves and our colleagues in the Executive.

I thank you, Madam Speaker.

The Chairperson: Any further debate? The Chair heard that the substitution applies to both amendments.

The Vice-President and Minister of Justice: Madam Speaker, we have no objection to the amendment.

Hon. Members: Hear, hear!

Amendment to the Amendment agreed to.

Amendment amended accordingly.

Amendment agreed to. Clause amended accordingly.

The Vice-President and Minister of Justice: Madam Speaker, I beg to move a further amendment and with the leave of the House, I wish to re-amend the amendment as circulated:

In Clause 2, on page 4

The amendment should end with a full stop after the word plans and the deletion of the words ‘and shall include’ and a, b, c, and d because all these matters will go into an Act of Parliament.

The Chairperson: The House has followed the amendment to the amendment.

Amendment to the Amendment agreed to.

Amendment amended accordingly.

Amendment agreed to, Clause  further amended accordingly.
 
Clause 2, as amended, ordered to stand part of the Bill.

Title agreed to.

___________

HOUSE RESUMED

[MR SPEAKER in the Chair]

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

The Constitution of Zambia (Amendment) Bill, 2009

Report Stage on Friday, 7th August, 2009.

The following Bills were reported to the House as having passed through Committee without amendment:

The Electronic Communications and Transactions Bill, 2009

The Information and Communication Technologies Bill, 2009

The Postal Services Bill, 2009

The Notaries Public and Notarial Functions (Amendment) Bill, 2009

Third Reading on Friday, 7th August, 2009.

THIRD READING

The following Bills were read the third time and passed:

The Constitutional Offices (Emoluments) (Amendment) Bill, 2009

The Presidential Emoluments (Amendment) Bill, 2009

The Ministerial and Parliamentary Offices (Emoluments) (Amendment) Bill, 2009

The Zambia Tanzania Pipeline (Amendment) Bill, 2009

___________

MOTION

ADJOURNMENT

The Vice-President and Minister of Justice (Mr Kunda, SC): Mr Speaker, I beg to move that the House do now adjourn.

Question put and agreed to.

___________

The House adjourned at 1730 hours until 0900 hours on Friday, 7th August, 2009.