DAILY PARLIAMENTARY DEBATES FOR THE SECOND SESSION OF THE TENTH ASSEMBLY

Thursday, 11th September, 2008

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

___________

ANNOUNCEMENT BY MR SPEAKER

Mr Speaker: Hon. Members will have noticed that there are some construction works going on in the grounds next to the committee block.

I wish to inform the House that the construction works are for the building of a new committee block which will comprise committee rooms and offices. This project is being undertaken in line with the Parliamentary Reforms objective of promoting public participation in Parliamentary business.

The scope of the project includes the construction of a double-storey building to accommodate five new committee rooms, each with a capacity to accommodate about fifty members of the public in the galleries. Among its other facilities, the building will have a large common office which will be used by chairpersons of committees. There will also be thirty-two offices for staff in the Committee Department and Information, Communication and Technology Department.

The House may wish to know that the project is being funded by the Public Expenditure Management and Financial Accountability Programme (PEMFA). The project commenced on 1st April, 2008, and is expected to be completed by October, 2009. The total cost of the project is K12.6 billion.

Thus far, the foundation of the building has been constructed, and all the substructure works have been completed. Work on the superstructure has commenced and is progressing well. The National Assembly is indebted to PEMFA for this project which is a practical example of the successes being made by the Parliamentary Reforms and Modernisation Programme.

____________

QUESTION FOR ORAL ANSWER

FISH RESTOCKING IN LAKES

351. Mr Mwansa (Chifunabuli) asked the Minister of Agriculture and Co-operatives when fish restocking would commence in Lakes Bangweulu, Mweru and Mweru-Wa-Ntimpa in Northern and Luapula Provinces.

The Deputy Minister of Agriculture and Co-operatives (Mr Mulonga): Mr Speaker, restocking of fish in Lake Mweru-Wa-Ntipa has been tried in the past. The fish spawned and the young fry, commonly known as fingerlings, grew and swam out of the pen into the Lake. Restocking succeeded, but it was as good as protecting the breeding stock by effecting the fishing ban.

As for restocking fish in Lakes Bangweulu and Mweru in Luapula, the Ministry of Agriculture and Co-operatives intends to do so within the water bodies by protecting the breeding stock through effective fisheries management involving the fishing communities on these lakes. This is because fingerlings grown on a farm and put into the lakes do not adapt and compete well with the fish found in the natural environment.

Following Parliaments’ approval of amendments to the Fisheries Act in 2007, the Ministry of Agriculture and Co-operatives started drafting fishing specific management plans that will ensure the protection of breeding stock in these lakes by working with the local fishing communities.

I thank you, Sir.

Mr Mwansa: Mr Speaker, taking into account the fact that quite a number of fish species in the two lakes are almost extinct, what measures is Government taking to ensure that those fish species which are almost extinct are protected before they even put up the programme of work about which he has informed the House.

Mr Mulonga: Mr Speaker, it is true some species are almost extinct. This is so because, as I have stated in the response to the question, growing the fingerlings off a lake and introducing them into the lake creates problems such as the fingerlings being eaten up by their fellow fish. Therefore, as a Ministry, we have first to revamped the Government ponds which were not taken care of in the 1990s. So far, we have rehabilitated in seven provinces the breeding grounds for fish which have exactly the same nature as the fish in the lakes into which the fish has to be deposited. These breeds are the ones which we will be introduced into these lakes so that the restocking exercise can be successful.

Mr Speaker, I would like to add one or two more points. Whilst fish is being depleted, it is not all fish species that are almost extinct. Sir, there is a perception that fish is being depleted, but the fish industry is springing up. There are more people in the fishing industry now than in the past, therefore, the reduction of fish is per household and not per lake output per se. For example in Mweru-Wa-Ntipa, in 2000, we were producing 316 metric tonnes per year, but as per last year, we were producing 327 metric tonnes. Mweru-Luapula, used to produce 8,836 tonnes per year by 2000 and last year, it was 9,747 metric tonnes.

Mr Speaker, in 2007, Bangweulu produced 13,687 metric tonnes per year and in December last year, it increased to15,098 metric tonnes. Therefore, there is production and the fish population is increasing, but because of the increase in the number of fishermen in the industry, it looks like there is a reduction in the fish industry per household.

I thank you, Sir.

Mr Nkombo (Mazabuka): Mr Speaker, I would like the hon. Minister to confirm whether, apart from fish being eaten by fellow fish, fish die of natural causes. I ask this question because last month, the Kafue/Mazabuka residents woke up to a rude shock to find fish floating. It has been a month since samples of this dead fish were taken for testing together with samples of water from the river it was found floating. However, to this day, the Ministry has not given the public, a result of that specimen claiming that they did not come up with any findings.

Mr Mulonga: Mr Speaker, to the first part of the question, yes, fish do die from natural causes. For example, the lifespan of kapenta is only one year. Therefore, if kapenta is not caught within the year it is bred, it will definitely die away. Its lifespan will expire. There are some fish which die as a result of this.

Mr Speaker, on the question of Mazabuka people waking up to a rude shock, first and foremost, I would like to clarify that it was not because it of a disease. After that rude shock, samples were collected from Mazabuka, the fish plus the water and other environmental requirements were brought to Lusaka for examination. The analysis found that at that time, the water was safe. The fish itself did not have any scar or disease which could have caused the demise of the fish, meaning the environment was not at fault. What was found in that environment was only the shellshorecollar which has no effect on the welfare of the fish. The only problem we are suspecting is that the samples were collected five days after that incident, but prior to that, there is information that Nakambala Sugar cleaned up its instruments in the same week that the fish were decimated. Therefore, we have found that the dying of that fish had got nothing to do with the disease.

We are in the process of writing to our colleagues in the Environmental Council of Zambia requesting them to conduct an environmental audit to find out if there was anything from that cleaning up of the equipment by Nakambala Sugar which might have caused this. We are saying we missed the pollutant at that particular time. It was a time bound pollutant and not a perpetual one. We are now waiting for their response which should inform us when they will conduct the environmental audit and we will accordingly inform the people of their findings.

I thank you, Sir.

Mr Chimbaka (Bahati): Mr Speaker, can the Minister of Agriculture and Co-operatives, through this House, inform the people of Luapula and Northern provinces, how he intends to spend the money appropriated for the fish restocking exercise now that there is a shift in the method of fish restocking.

Mr Mulonga: Mr Speaker, I did not say there is a shift in the expenditure nor that we are going to redirect the expense to another activity. I said the method is different, but it is the same exercise, meaning the budget will remain the same.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, the Kafue River from Nakambala down as far as the Itezhi-Tezhi Dam, has been heavily polluted, is overgrown with weeds and does not support much in breeding fish for more than twenty years. Can you tell us whether he was going to investigate that pollution twenty years later and do something about it? Most countries order sugar estates to clean up the water before they allow it back into the river.

Mr Mulonga: Mr Speaker, I think there is a difference between pollution and weed that is in the river. As far as I am concerned, there is no pollution in the Kafue River on the side where we are catching fish because the hon. Member may wish to know that from 2000 up to last year December, the Kafue River has been producing 6,000 metric tonnes of fish without change which is being caught by the fishermen. This means we have not had any natural cause of death of fish apart from this incidence which we experienced some few days ago and which we are still experiencing. According to the Ministry, there is no poisoning of fish in that river.

I thank you, Sir.

Mr Msichili (Kabushi): Mr Speaker, I would like to find out from the hon. Minister what the Government is doing about equipping the police with speed boats to ensure that during the time of the fishing ban, they are able to monitor and ensure that these activities are under control.

Mr Mulonga: Mr Speaker, when we realised, as a Ministry and Government, that the fishing ban is not being adhered to, we tried by all means to increase the number of fisheries workers. This year, we have also employed fifteen fisheries workers, who must work in conjunction with the police to make sure that the fishing ban is adhered to. This is because from 2001, the late President directed that we must protect fish by all means. As a result, we bought some fish boats to equip our people and are working in conjunction with the police. We, as a Government, would like to continue doing this up to 2011. Since Mr Rupiah Banda knows about that, we think he is going to do very well in this area…

Mr Kambwili: Question!

Interruptions

Mr Mulonga: … so that we continue with this vision of the Zambian protecting the fish for the people.

I thank you, Sir.

Interruptions{mospagebreak}

YUKA MISSION HOSPITAL IN KALABO

352. Mr Mwapela (Kalabo Central) asked the Minister of Health when Yuka Mission Hospital in Kalabo Central Parliamentary Constituency would be provided with beddings.

The Deputy Minster of Health (Dr Puma): Mr Speaker, Yuka Mission Hospital which is providing first level services in Kalabo Central has seventy-two beds and one cot. The mission hospital is run by the Seventh Day Adventist Church. They receive funding from the Ministry of Health, through the Kalabo District Office, whilst the other funding is received through Churches Association of Zambia (CHAZ).

According to the information from Yuka Mission Hospital management, the seventy-two beds available at the hospital have, at least, a pair of beddings each for admitted patients. However, Yuka Mission Hospital, as a first level hospital, is semi-autonomous. This means that it produces a plan and budget before the beginning of each year to enable it operate smoothly. The funds that the hospital receive from the Government of the Republic of Zambia (GRZ) and Churches Health Association of Zambian (CHAZ) are adequate for the hospital to procure and provide beddings and other logistics.

I thank you, Mr Speaker.

Mr Mukanga: Mr Speaker, arising from the answer given by the hon. Minister, I would like to find out whether the Government has a system of replacing beddings and linen in all the hospitals across the country because it is not only the Kalabo health institution that has this problem, but other hospitals as well.

The Minister of Health (Dr Chituwo): Mr Speaker, yes, the Ministry of Health does have a system of replacing linen in our hospitals based on decentralisation through which our districts each year set out their priorities regarding the expenditure of the resources that we disburse to them.

Mr Speaker, every month, the Ministry of Health disburses close to K35 billion to our health facilities. With plans in place, this money can surely go a long way. I, however, wish to acknowledge that, maybe, for quality replacement of linen, we, perhaps, should consider taking away this decentralised function so that it is done centrally by the Ministry headquarters.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, arising from the answer given by the hon. Minister of Health, it is evident that most district hospitals are failing to cope with requirements in hospitals for old mortuary units and so forth. Does the Government have any plans to increase the grants given to district hospitals so that they can improve service delivery to the people?

Mr Speaker: That question is unrelated to the one currently under consideration but the hon. Minister is free to provide an answer if he has one.

Dr Chituwo: Mr Speaker, having realised that quite a number of the equipment in the hospitals require either replacement or is obsolete, we developed a capital investment plan. It is through this investment plan that systematically the rehabilitation of those units, be mortuary units, theatre equipment or medical equipment is planned for and regularly replaced. Therefore, Itezhi-tezhi is not an exception and in due course that will be looked at as we are doing with the other hospital equipment around the country.

I thank you, Sir.

INSTALLATION OF SOLAR POWER AT CHIEFTAINESS MWANJABANTU’S PALACE

353. Mr C. K. B. Banda, SC. (Chasefu) asked the Minister of Energy and Water Development when solar power would be provided to Chieftainess Mwanjabantu’s Palace in Kapoche Parliamentary Constituency.

The Deputy Minister of Energy and Water Development (Mr Sichilima): Mr Speaker, in answering the question raised by the hon. Member for Chasefu, Hon. Banda, SC, who, although unpopular, wants to know …

Mr Speaker: Order!

Laughter

Mr Speaker: Order! Is that part of your answer?

Laughter

Mr Sichilima: Sorry, Mr Speaker.

Interruptions

Mr Sichilima: Mr Speaker, I am happy to inform the hon. Member of Parliament for Chasefu that the solar home system for Chieftainess Mwanjabantu was installed by my officers from the Rural Electrification Authority on 3rd April, 2008. Therefore, the  hon. Mmeber for Chasefu can accordingly inform the hon. Member of Parliament for Kapoche.

I thank you, Mr Speaker.

Laughter

Mr C. K. B. Banda, SC: Mr Speaker, since it is clearly evident that many chiefs’ palaces throughout the country have not had the benefit of being given this facility, may the hon. Minister tell us whether the Government has a put a programme in place to ensure that the Chiefs’ palaces also benefit from this facility.

The Minister of Energy and Water Development (Mr Konga): Mr Speaker, the Ministry of Energy and Water Development, in conjunction with the Ministry of Local Government and Housing, develops a plan of action depicting which chiefs’ palaces are recognised by the Government and would therefore be given solar systems. It is not all the chiefs that will be given this facility, but only those that the Ministry of Local Government and Housing has recognised are the ones whose names are forwarded to the Ministry of Energy and Water Development. My Ministry then, through the Rural Electrification Authority, provides solar systems to these palaces.

I thank you, Mr Speaker.

Mr Sichilima: Hear, hear!

Mr Mukanga: Mr Speaker, taking the issue of sustainability into account, I would like to find out if the Ministry has a programme in place through which it will ensure that these solar panels that are provided to chiefs are properly maintained or rehabilitated when necessary.

Mr Konga: Mr Speaker, I thank the hon. Member for that follow-up question. What the Rural Electrification Authority is doing, upon completion of installation of the solar systems in the chiefs’ palaces, is request a representative of the royal highness to sign a confirmation certificate that the solar system so provided is functioning as specified. It is then that the royal highness’ representative and the Rural Electrification Authority agree that, in future, any maintenance for those home solar systems will be undertaken at the expense of the royal highness, but will still be the responsibility of the Rural Electrification Authority.

I thank you, Mr Speaker.

DAMAGED CLASSROOMS REPAIRS AT FUMBO SCHOOL IN GWEMBE DISTRICT

354. Mr Ntundu (Gwembe) asked the Minister of Education when the Ministry would repair the damaged classrooms at Fumbo School in Gwembe District where pupils had not been learning since November, 2007.

Dr Chituwo: On a point of order, Sir.

Laughter

The Deputy Minister of Education (Mr Sinyinda): Mr Speaker, the pupils at Fumbo Basic School in Gwembe District who were earlier relocated to St. Patrick’s Basic School and Fumbo Parish respectively have since gone back to their school.

The estimated rehabilitation cost of the four classrooms at the school is K64,408,400. So far, the council through the Constituency Development Fund (CDF), has given the school K32,827,950 to rehabilitate a 1 x 2 classroom block. The remaining works will be included for completion in the District Infrastructure Plan for the 2009 Budget.

I thank you, Sir.

Mr Ntundu (Gwembe): Mr Speaker, may I find out from the hon. Minister …

Dr Chituwo: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Dr Chituwo: Mr Speaker, I thank you very much for allowing me to raise this point of order on my namesake, hon. Member of Parliament for Gwembe. I am mesmerised by that tunic. Is he in order to wear such an eye-catching tunic in this House?

Laughter

Mr Speaker: The Chair understands that the hon. Minister of Health has been hypnotised by the colourful jacket that the hon. Member for Gwembe is wearing. I actually did look in that direction before and I believe that the hon. Member is wearing a jacket, which we call a coat and tie, and I believe a pair of trousers.

Laughter

Mr Speaker: The rendition is in the national colours green, orange, black and red. The Chair is aware that, in fact, that attire was made for a specific purpose, the just ended 49th CPA Conference, which took place in Livingstone last month.

The Chair has to admit that I did not expect that the attire would be worn in this House.

Laughter

Mr Speaker: Since that special function is over, we shall allow the hon. Member for Gwembe to sit in the House for the time being, but he is guided to avoid that colourful attire because it makes the Members of the House dizzy.

Laughter

Mr Speaker: The hon. Member for Gwembe may complete his supplementary question.

Mr Ntundu: Mr Speaker, this is how colourful people from Gwembe are.

Mr Speaker I have correspondence by the hon. Minister himself concerning this school. I have been told that money has been released for rehabilitation of schools, especially those that were blown off. May I find out from the hon. Minister whether this money is there or not? If it is there, when is the Government going to release it so that Fumbo Basic School can be rehabilitated fully other than using the Constituency Development Fund that you allocated to this school?

The Minister of Education (Professor Lungwangwa): Mr Speaker, I think the hon. Member was very pre-occupied with the point of order, probably to the point that he did not pay attention to our response, which was very detailed in terms of what we are doing and the plans we have to complete the rehabilitation works at the school.

I thank you, Sir.

Mr L. J. Mulenga (Kwacha): Mr Speaker, would the hon. Minister clearly indicate the timeframe within which the rehabilitation works will be completed?

Professor Lungwangwa: Mr Speaker, the last part of our response indicated that all works will be included for completion under the District Infrastructure Plan for the year 2009.

I thank you, Sir.

LAND POLICY REFORMS

355. Mr Chisala (Chilubi) asked the Minister of Lands how many Acts have been passed regarding Land Policy Reforms from 1975 to date.

The Deputy Minister of Lands (Mr Hamir): Mr Speaker, three Acts have been passed regarding Land Policy Reforms from 1975 to date. These are the Lands (conversion of titles) Act of 1975; the Lands Act of 1995 and the Common Leasehold Schemes Act of 1994.

I thank you, Sir.

Mr Chisala: Mr Speaker, the answer from the hon. Deputy Minister of Lands confirms that a number of land policies have had been passed. These policies seem not to have favoured the less privileged Zambians. Could the hon. Minister tell this august House whether his Government has plans of putting in place a land policy that will also favour the less privileged people in this country?

Hon. PF Members: Hear, hear!

The Minister of Lands (Mr Machila): Mr Speaker, the short answer to the hon. Member’s question is, yes, we do have such plans.

I thank you, Sir.{mospagebreak}

CONSTRUCTION OF SCHOOLS IN NANGOMA PARLIAMENTARY CONSTITUENCY

356. Mr Hamusonde (Nangoma) asked the Minister of Education how many schools were currently under construction in Nangoma Parliamentary Constituency.

Mr Sinyinda: Mr Speaker, there are five schools currently under construction in Nangoma Parliamentary Constituency as follows:

 (a). Nakasaka Basic School Construction of 1 x 3 Classroom block

 (b) Sanje Basic School  Construction of 1 x 3 Classroom block

(c) Chilonga Community School Construction and completion of 1 x 2 Classroom block

(d) Nabuyuni Basic School Construction and completion of 1 x 2 Classroom block

(e) Mpande Community School Construction and completion of 5 classroom ported frames.

I thank you, Sir.

Mr Ntundu: Mr Speaker, may I find out from the hon. Minister under which funds these schools are being reconstructed in Nangoma Constituency. I would also like to find out why the hon. Member for Nangoma was not invited to the meetings that you held when you were releasing these funds.

Hon. UPND Members: Hear, hear1

Professor Lungwangwa: Mr Speaker, what we are doing in terms of utilisation of public funds has been clearly tabulated in this document, whose copy the hon. Member also has. This document indicates very clearly where the money is coming from. The Members may also consult it to know the funding sources.

I thank you, Sir.

NUMBER OF ROAD TRAFFIC ACCIDENTS FROM SERENJE TO NAKOND FROM 2004 T0 2007

357. Mr C. Mulenga (Chinsali) asked the Minister of Home Affairs how many road traffic accidents were recorded on the stretch of the Great North Road from Serenje to Nakonde from 2004 to 2007.

The Deputy Minister of Home Affairs (Mr Bonshe): Mr Speaker, I wish to inform the House that 944 road traffic accidents were recorded on the stretch of the Great North Road from Serenje to Nakonde from 2004 to 2007.

I thank you, Sir.

Mr C. Mulenga: Mr Speaker, how many drivers have been convicted due to causing death by dangerous driving along this stretch?

Mr Bonshe: Mr Speaker, that information was not requested for. The question was how many road traffic accidents were recorded. So, if he wants more information about the classification of accidents and penalties to the affected people, he is free to see us and we shall give him the information.

I thank you, Sir.

Hon. Government Members: Quality!

Mr Sing’ombe (Dundumwenzi): Mr Speaker, how many lives were lost?

Hon. Government Members: Ah!

The Minister of Home Affairs (Lieutenant-General Shikapwasha): Mr Speaker, let me help the House in understanding this issue. Yes, indeed, this information is new and we need to research, but there were 185 fatal accidents in which 280 people perished.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, I would like to find out in terms of progression whether there were more accidents at the beginning of 2004 or at the end of 2007. Was the number of accidents increasing or decreasing?

Lieutenant-General Shikapwasha: Mr Speaker, the accidents were increasing and the reason is that there are more vehicles now on the roads in Zambia as well as outside.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, the hon. Minister, in his answer to the follow-up question, said that the traffic is increasing on these roads and that is one of the reasons the accidents occurred. In view of this increased traffic situation in the entire country, has he not considered advising his colleague at the Ministry of Works and Supply to consider building dual-carriage ways throughout the country on these main trunk roads?

Lieutenant-General Shikapwasha: Mr Speaker, this Government has considered many avenues. My colleague, the hon. Minister of Works and Supply, is working on issues such as the toll gates and dual-carriage ways all over the country to ensure that our people travel well. The hon. Member is aware that recently, many huge vehicles, loaders and trucks meant to revamp the roads in Zambia were delivered. My colleague, the hon. Minister of Works and Supply informed the nation about the work that is being undertaken.

Mr Speaker, yes, dual carriage ways will be constructed where need will arise. However, I would like to say that even though we have so many accidents, the police have established highway patrols so that we can minimise the number of accidents. Tomorrow, I will be handing over forty vehicles for the highway patrols.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Chisala: Mr Speaker, most of these accidents along the road in question have been happening due to fatigue by the drivers from the neighbouring country, Tanzania due to the reason that these people drive all night long. I would like to find out the stop gap measures the Government intends to put in place so as to reduce the number of accidents.

Lieutenant-General Shikapwasha: Mr Speaker, the police can only put measures in place to help the drivers, but we cannot determine whether the driver is tired or he has been driving all night long. There are many things that they do all night long other than just driving.

Laughter

Lieutenant-General Shikapwasha: Therefore, we cannot determine, but only help by putting up highway patrols and ensuring that the drivers are following the laws in Zambia.

I thank you, Sir.

INDENTIFICATION OF ESCAPED REFUGEES FROM REPATRIATION EXERCISE

358. Mr Mwangala (Nalolo) asked the Minister of Home Affairs what measures had been taken to identify refugees who were alleged to have escaped the repatriation exercise and were hiding in villages in the Western Province.

Mr Bonshe: Mr Speaker, I wish to inform the House that a registration exercise of spontaneously settled Angolan refugees was undertaken between 11th October and 22nd October, 2007 and those identified were issued with documentations so that they can easily be identified. During this period, 3,107 Angolan refugees were registered in the Western Province. This activity also targeted the residual case load of Angolan refugees in the settlement and those legally authorised to reside outside designated refugees sites.

An electronic data base which contains photographs is also maintained at the Office of the Commissioner for Refugees. Any Angolan who is not in possession of any document will be regarded as a prohibited immigrant and will be dealt with in accordance with Immigration laws and regulations.

I thank you, Sir.

Mr Nalolo: Mr Speaker, I have taken note of what he has said.

Laughter

359. Dr Machungwa asked the Minister of Works and Supply:

(a) when the tarring of the Pedicle Road from Mokambo to Chembe Bridge would be commenced; and

(b) when the project would be completed.

The Deputy Minister of Works and Supply (Mr Ndalamei): The Ministry, through the Road Development Agency, carried out and completed a feasibility study and a detailed Engineering Design for the upgrading of the existing 70 km gravel road to bitumen standard between Mukambo and Chembe in 2006. Recently, in July 2008, the Government of the Democratic Republic of Congo and the Government of the Republic Zambia met and discussed the issue of upgrading the Pedicle Road. The Congolese Government has agreed to the upgrading of the road to bitumen standard. The Zambian Government will finance the upgrading of the road and has been allowed by the Democratic Republic of Congo to toll the road to cover the cost of financing the project.

The Pedicle Road will be included in the 2009 Annual Work Plan as considerable progress, in-terms of agreements, has been made by the Democratic Republic of Congo and Zambian Government.

Mr Speaker, regarding question (b), the road project has not yet started as explained above.

I thank you, Mr Speaker.

Dr Machungwa: Thank you, Mr Speaker, for giving me the Floor. Can the hon. Minister confirm that the works will start this year and that stakeholders involved in the provinces can be informed that these works will, indeed, start?

Mr Ndalamei: Mr Speaker, we are planning to start the works when funds are made available and negotiations with the Democratic Republic of Congo have been concluded.

I thank you, Sir.

Hon. UPND Members: Hear, hear!

Mr Ntundu: Quality!

Mr Mukanga: Mr Speaker, I would like to find out what intermediate plans have been put in place to ensure that the road is passable during the rainy season because usually we have a lot of problems on this road in this season.

The Minister of Works and Supply (Mr Simbao): Mr Speaker, I am grateful for the hon. Member’s concern for state of that road. I wish to say that we are equally concerned and looking into rehabilitating it in the normal way where we have to grade and gravel it. We did not have it in the Budget for 2008 because we worked on it in 2007 even though it has degenerated into a state of disrepair. We are looking at ways of re-grading that road so that it can be passable during the rainy season.

I thank you, Mr Speaker.

Mr Chongo (Mwense): Mr Speaker, with the completion of the bridge which may open soon, we expect a lot of traffic on the road. Has the Ministry considered checking on bridges, especially the Lubembe Bridge which is mostly used by heavy trucks?

Mr Simbao: Mr Speaker, the feasibility studies which were carried out in 2005 examined the Bridge that is entirely in the Republic of Congo. Yes, there will be a need, when tarring it, to also make another bridge at that particular point. However, for now, the Bridge is in good shape and there is no need to worry.

I thank you, Mr Speaker.

Mr D Mwila (Chipili): Mr Speaker, there has been a long-term contract with AMC Contractor of Mufulira to work on the Mukambo Road. I would like to find out from the hon. Minister whether there are intentions to change the contractor after negotiations with the Democratic Republic of Congo have been concluded.

I thank you, Sir.

Mr Simbao: Mr Speaker, AMC Contractors were awarded the contract at the time. However, there is no perpetual agreement that they have to be on that road. I know it has taken some time and they have been there the last three years. However, it was for other reasons that they stayed there that long. Therefore, the contracting company that will win the tender will carry out the required works. However, for now, we are talking to AMC Contractors as we try to redo the road temporarily and if the hon. Member finds AMC Contractors on that road, it is only for this reason.

I thank you, Sir.

SHORT AND LONG-TERM EFFECTS OF NEW MINING METHODS ON THE ENVIROMENT ON THE COPPERBELT

360. Mr Mukanga asked the Minister of Environment, Tourism and Natural Resources what the short and long-term effects of the new mining methods being employed on the Copperbelt are on the environment were.

The Deputy Minister of Tourism, Environment and Natural Resources (Mr Chilembo): Mr Speaker, no short or long-term effects of the new mining methods on the environment are known due to the fact that no local research has ever been conducted on the effects of the contamination that may result from such mining methods with its related substances.

This House may also wish to note that studies published in Science Journals indicate no long-term effect on the environment.

I thank you, Mr Speaker.

Mr Mukanga: I thank you, Mr Speaker, for giving me the Floor. I am very concerned that no study or risk assessment has been made. What is the Government doing to ensure that research or risk assessment is taken so that we are able to protect the people and the environment in these areas.

The Minister of Tourism, Environment and Natural Resources (Mr Kaingu): Mr Speaker, we have not undertaken any research in that regard. We have even tried to search the Internet to try and find journals that indicate any short or long-term effects of Precluded Liquid Solution (PLS) on the people or the environment, but have not been able to find any.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, where there are smelters on the Copperbelt, growth of trees and other vegetation is highly affected and, in some cases, there is no vegetation. Could that not be one of the effects on the environment.

Mr Kaingu: Mr Speaker, what Hon. Mukanga was referring to, being a mining engineer who knows what he was talking about, was PLS and not mining in general. The PLS is a new phenomenon of extracting copper. We are saying the new method has no bearing on the environment whatsoever.

Mr Simuusa (Nchanga): According to procedure, before any new mining method is employed in Zambia, it is first submitted to the Ministry of Mines and Minerals Development for scrutiny. If it has any environmental impact, the company submitting that method has to deposit enough money to mitigate the ensuing effects.

Sir, is the hon. Minister telling this House that there is no co-ordination between him and the Ministry of Mines and Mineral Development which approves these mining methods and charge for the cost of environmental rehabilitation?

Mr Kaingu: Mr Speaker, as far as the Ministry of Tourism, Environment and Natural Resources is concerned, we do not have any information on how PLS affects the environment. However, if the hon. Member would like to know, he should refer that question to the Ministry of Mines and Minerals Development.

I thank you, Sir.

_______{mospagebreak}

BILLS

SECOND READING

THE LOCAL COURTS (Amendment) Bill, 2008

The Minister of Justice (Mr Kunda, SC.): Mr Speaker, I beg to move that the Bill be now read a second time.

Sir, the Local Courts Act Chapter 29 of the Laws of Zambia, provides for the recognition and establishment of local courts, and consolidates the law relating to the Jurisdiction of and the procedure to be adopted by local courts.

Mr Speaker, the Policy Committee of the Judicature identified the need for improvement of the efficiency and effectiveness of the Judicature in order to assure greater access to justice and better governance in the nation.

Interruptions

Mr Speaker: Order! I said the House must pay attention, especially that, as far as I know, there are local courts in each and every constituency.

May the hon. Minister continue.

Mr Kunda, SC.: One area of concern raised by the Committee was the fact that Local Courts are constituted by the Minister of Justice who is a member of the Executive. This, in their view, might undermine the doctrine of separation of powers. The Committee, therefore, proposed that local courts should be constituted by the Chief Justice who is the head of the Judiciary.

Secondly, the Committee identified the need to change the title of Local Court Justice to Local Court Magistrate so as to differentiate Local Court Justices from Judges of the High Court and Supreme Court, who are also called Justices. This change aims at correcting the perception by some members of the public that Local Court Justices rank the same as Justices of the High Court and Supreme Court in the hierarchy of the Judiciary.

Mr Speaker, the Bill amends Section 4 of the Local Courts Act to empower the Chief Justice to recognise or establish local courts as currently, Section 4 of the Local Courts Act vests the power to recognise or establish local courts in the Minister.

Secondly, Clause 3 of the Bill repeals and replaces Section 6 of the Local Court Act in order to change the title of Local Court Justice to Local Court Magistrate.

Sir, this Bill is not controversial. It is progressive and I, therefore, urge hon. Members of this august House to support it.

Mr Speaker, I beg to move.

Mr Mwiimbu (Monze Central): Mr Speaker, I thank you for affording me the opportunity to contribute on this Bill.

Sir, your Committee on Legal Affairs, Governance, Human Rights and Gender Matters examined the Local Courts Amendment Bill, No. 16 of 2008 in detail. Your Committee noted that the proposed amendment to the Local Courts Act Cap 29 of the Laws of Zambia seeks to change the title by which local courts presiding officers are called from Local Court Justices to Local Court Magistrates.

Your Committee where informed that the reason for the change in title was to remove confusion between Local Court Justices and High Court and Supreme Court Judges who are also called Justices.

Mr Speaker, unless the public is further sensitised on this matter, the confusion will still continue even if Local Courts Justices become Local Court Magistrates. Ordinary people may still think that local courts have now become magistrates courts.

Therefore, your Committee urge the Government to sensitise the public on the new titles of local courts presiding officers. Your Committee would like to urge your august House to support the proposed amendments.

Lastly, your Committee, under the able leadership of the learned Member of Parliament for Monze, wish to …

Laughter

Mr Mwiimbu: … commend you for allowing it to place on record their appreciation for the opportunity given to them to scrutinise the Bill.

Mr Speaker, I thank you.

Hon. Opposition Members: Hear, hear!

Mr Speaker: I do not see any other indication for debate on this Bill, therefore, the hon. Learned Minister of Justice can wind up debate.

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

Committed to a Committee of the Whole House.

Committee on Friday, 12th September, 2008.

THE JUDICIAL (Code of Conduct) (Amendment) Bill, 2008

Mr Kunda, SC.: Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, the Judicial (Code of Conduct) (Amendment) Bill, 2008 seeks to amend the Judicial Code of Conduct Act No. 13 of 1999 so as to revise the provision relating to the remuneration of the members of the Judicial Complaints Authority. The current legislation provides for the payment of both remuneration and allowances to members of the Judicial Complaints Authority despite the members being engaged on a part-time basis.

Sir, it is the Government’s policy that all members of the boards, committees, authorities and other similar bodies, who serve on part-time basis, should be paid an allowance only for their service and not remuneration. The proposed amendment will bring the Judicial Code of Conduct in line with the provisions of other legislation with respect to payment of allowances to part-time members of boards.

Mr Speaker, the august House may wish to note that the proposed amendment will not disadvantage the current members of the Judicial Complaints Authority in any way and that they will continue to receive their current remuneration in the form of an allowance in line with the revised rule.

Sir, this Bill is not controversial, but progressive. I therefore, urge hon. Members of this august House to support the Bill.

Mr Speaker, I thank you.

Mr Mwiimbu: Mr Speaker, your Committee on Legal Affairs, Governance, Human Rights and Gender Matters examined the Judicial (Code of Conduct) (Amendment) Bill, No. 17 of 2008.

Sir, the stakeholders, from whom your Committee sought views on the Bill, agreed on the proposed amendment.

Your Committee, however, observed that the Ministry of Justice did not consult the Judicial Complaints Authority who would be directly affected by the amendment. As a result, the Authority was apprehensive about the proposed amendment. The Authority was under the mistaken impression that once enacted, the new act would operate to their detriment.

In this regard, your Committee urge the Government to, in future, exhaustively engage stakeholders before introducing any Bill in this august House. This will reduce on misunderstandings and apprehensions amongst stakeholders. Your Committee recommends to this august House that the Bill be supported.

Sir, lastly, allow me, on behalf of your Committee to place on record the Committee’s appreciation for the opportunity given to them to scrutinise the Bill.

Mr Speaker, I thank you.

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

I thank you, Sir.

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

Committed to a committee of the Whole House.

Committee on Thursday, 12th September, 2008.

THE ACCOUNTANTS BILL, 2008

The Minister of Finance and National Planning (Mr Magande): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, the current Accountants Act was enacted in the year, 1982. Over time, the general legal framework became inadequate to regulate the Accountants profession in Zambia and to ensure the protection of consumers and the general public. In addition, the Act lacked provision that upheld current good corporate governance and ethical standards. Other functions lacking in the current Act include the following:

(i) compliance with the Act rules, regulations and standards of practice;

(ii) effective disciplinary action;

(iii) that the Zambia Institute of Chartered Accountants (ZICA) continues to play its rightful role in Zambia and as far as the economic and financial development issues are concerned; and

(iv) lack of a harmonised set of law governing the accountancy profession.

Mr Speaker, this Bill seeks to rectify the above indicated inadequacies. The salient features of the Accountants Bill, 2008 are as follows:

Control of Illegal Practitioners and Unregistered Foreigners Engaged as Accountants

Mr Speaker, over the years, a number of firms have engaged Accountants who are not registered with the Zambia Institute of Chartered Accountants (ZICA) and, in some cases, these firms have illegally undertaken accounting functions.

Sir, the Accountants Bill, therefore, requires that all qualified Accountants be registered by ZICA, including the foreigners engaged to work in Zambia.

Upholding Ethical, Auditing and Accounting Standards

Mr Speaker, it is important that businesses in Zambia manage their financial transactions on the basis of internationally accepted accounting standards and better corporate governance. Therefore, the accountancy profession is best placed to ensure that these objectives are met by upholding ethical, auditing and accounting standards.

Provide Linkages with other Acts

Sir, in order to effectively enforce the various rules in the ZICA constitution and ensure harmonisation of the legislative framework, the accountants Bill has been harmonised with other relevant acts such as the Money Laundering Act, Banking and Financial Service Act.

Enforcement of Disciplinary Measures

Mr Speaker, the Accountants Bill further seeks to strengthen the disciplinary procedures and ensure that erring members of the accountancy professions are disciplined for misconduct, particularly those who are found with cases of financial mismanagement and fraudulent accounting.

Practice Review

This Act will put in place a mechanism for monitoring and review of auditing firms, in order to bring confidence.

Regulation of the Education and Training of Accountants in Zambia

Mr Speaker, this Bill also seeks to empower ZICA to regulate the training of Accountants by ensuring that all accountancy training providers are accredited to ZICA and accounting students are registered with ZICA accordingly.

Practicing Certificate and Non-Audit Practicing Certificate

In order to uphold the high standards of accounting in the country, the Zambia Institute of Chartered Accountants will only issue practicing certificates to people who pass the competence examinations which are set by the institute. In this way, high standards in the profession will be maintained for the good of public interest.

Mr Speaker, this is an important Bill which, once enacted, will enhance financial management and accountability as part of good corporate governance in the country.

I, therefore, seek the support of the hon. Members of the House for this Bill.

I thank you, Sir.

Mr Hachipuka (Mbabala): Mr Speaker, allow me to begin by thanking the House for the privilege that was accorded to the Public Accounts Committee to scrutinise the Accountants Bill, N.A.B. No. 13 of 2008.

Sir, your Committee have prepared a report of the Bill which has been distributed to the hon. Members containing detailed information on the background, provisions, stakeholders’ concerns, observations and recommendations of your Committee.

Mr Speaker, I stand proud not only as a member of the Public Accounts Committee, but also as one of the first five qualified Zambian Accountants in 1974 …

Hon. Members: Hear, hear!

Mr Hachipuka: … having practiced for thirty-four years and having been associated with the first Accountants Bill of 1982 and this revised Accountants Bill. This is a progressive Bill and I wish to commend the Ministry of Finance and National Planning for introducing it.

Sir, one of the objects of the Bill is to repeal and replace the Accountants Act, Chapter 390 of the Laws of Zambia. The House will agree with me that there have been numerous developments in Zambia and the world over which affect the Accounting profession. The Accountants Bill has been crafted in a way that takes into account modern trends and developments in the accounting profession and business world.

Mr Speaker, one fact that we should appreciate is that the world is always changing. Therefore, the accounting profession has to be responsive to these changes. Only if this is so will sagas such as the collapse of Enron in America and Parmalat in Italy be avoided. It is important that upon enactment, the Act should not be allowed to be in force for another twenty years without any major review, otherwise, the country may risk lagging behind where best practices are concerned.

Mr Speaker, one of the major concerns of the Public Accounts Committee, over the years, has been lack of disciplinary action taken against erring accounting officers in the Public Service. The Bill could not have come at a better time than this as the Bill has elaborate provisions on professional misconduct and disciplinary procedures. What this means is that erring accounting professionals will be taken to task from two angles. One angle will be by the regulator, the Zambia Institute of Chartered Accountants (ZICA) and the employers. In light of this, it will be important for ZICA to start taking keen interest in reports of the Auditor-General and checking the performance of accounting officers in the Public Service.

Mr Speaker, this unfortunately, brings in another dimension with regard to the public sector. This Bill will apply to both the public and private sectors. The Government, at the moment, has a number of staff performing accounting functions even when they are not qualified. This is, in fact, a major excuse made by controlling officers for numerous financial irregularities in their Ministries. It is, therefore, important that the hon. Minister of Finance and National Planning gives this House an indication of how the Government will address personnel problems when the Act comes into force.

Mr Speaker, a notable feature in the Bill is on making and investigating of disclosures made in the public interest. The Bill has introduced measures aimed at protecting whistle blowers. In the Act of 1982, which is about to be repealed, ZICA members were not protected against whistle blowing. As a result, they were not disclosing reportable irregularities to relevant authorities such as the Anti-Corruption Commission, for fear of being victimised. This is a positive development as it will enhance the fight against corruption, minimise abuse of office, promote accountability and transparency in both the public and private sectors.

Mr Speaker, development is about self-determination and less reliance on foreign skilled manpower. The Zambia Institute of Chartered Accountants should be very accommodating to locally trained manpower. It should also be very receptive and supportive to local initiatives such as development of localised curricula that takes into account the Zambian socio-economic environment. Local research and publications meant to further develop the accounting profession in Zambia should equally be supported.

Mr Speaker, as Members will note, various stakeholders have made various suggestions on the Bill. A number of these suggestions are of a procedural nature. Your Committee were reliably informed that these will be taken into account in the regulations. Notwithstanding this, there are a number of valid amendment proposals which the hon. Minister will, without doubt, take action on. My appeal to the hon. Minister is to ensure that regulations are finalised without any further delay.

Mr Speaker, it is not my intention to dominate the debate. However, let me conclude by once more thanking the House for referring the Accountants Bill to the Public Accounts Committee. I am sure that Your Committee has provided adequate information that will enable hon. Members of this august House debate from an informed position.

Sir, allow me to thank all witnesses that made submissions on the Bill. This is a progressive Bill and we, as Your Committee, urge the House to support it.

I thank you, Mr Speaker.

Mr Muntanga (Kalomo): Mr Speaker, in supporting the amendment, I wish to state that the Ministry of Finance and National Planning has taken the lead in amending some laws that have been long outstanding such as the Accountants Bill. It is true that a number of people, especially farmers, have been cheated by people camouflaging as trained accountants, with no record of where they were trained. These people open up book-keeping companies and go round villages collecting money and also claiming to collect money on behalf of Zambia revenue Authority (ZRA). Colossal sums of money may not have reached the Government because of collections made by these so-called accountancy firms.

However, I do believe that with this particular law, you will take stock of the existing accountancy firms or bookkeepers. These unscrupulous firms have gone on to act as agents for ZRA, collecting money on behalf of the Government. The end result is that some of these people in rural areas have indicated that they have paid their tax dues and whatever duty, and yet, in most cases, it has not reached the Government. I hope that this particular Bill will address these concerns.

Mr Speaker, I would also like to state that such laws should be effected in the other ministries as well. The Ministry of Agriculture and Co-operatives must look at various regulatory legislation because some of them have not been reviewed for the past twenty years. For instance, there is the issue of the Veterinary Doctors’ Board. The Veterinary Board is not even constituted, and yet, we have people going around indicating that they are trained veterinary doctors. In some cases, farmers have lost their livestock because people have applied wrong drugs to their animals. It is good that they are looking at this particular legislation. All these legislations must be put in place to protect the Zambian people.

Mr Speaker, whereas now politicians are being targeted for the fight against corruption, it should be known also that corruption is rife among the civil servants and the private sector.

Hon. Members: Hear, hear!

Mr Muntanga: There are a lot of corrupt practices on that level. Therefore, the fight must not end with politicians alone. We have to update most of these legislation if we are to undertake any fight against corruption. If we do not do that, then the fight against corruption will only concern the politicians and the whole society will remain rotten.

Therefore, in support of this particular amendment, I advise the hon. Members that we still have a lot of work to do in looking at all the pieces of legislation and updating them so that they are in line and everyone follows the proper code of conduct.

I thank you, Sir.

Mr Magande: Mr Speaker, I would like to thank the hon. Member for Mbabala, Chairperson for this Committee, which went through our proposed legislation. Indeed, for me, it is a momentous time because twenty-six years ago, I sat in the Officers’ Gallery here presenting the Accountants Bill of 1982. Now, I see that what we did then requires amendments for the Act to be modern. It is an honour that I have this Bill going through with the support of the House.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

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

Committed to a committee of the Whole House.

Committee on Friday, 12th September, 2008.

________{mospagebreak}

HOUSE IN COMMITTEE

[THE CHIRPERSON OF COMMITTEES in the Chair]

THE SMALL CLAIMS COURT (Amendment) BILL, 2008

Clauses1, 2, 3, and 4 ordered to stand part of the Bill.

CLAUSE 5 – (Insertion of new section 5 A)

The Minister of Justice (Mr Kunda, SC.): Madam Chairperson, I beg to move an amendment in Clause 5, on page 5 after line 6 by the insertion of the following new clause:

Amendment of 6. Section six of the principal Act is amended by the of section 6 deletion of the word “arbitrators” and the substitution
 therefor of the word “commissioner”;

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

Clause 6 – (Incidental Jurisdiction)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 6 in lines 7 to 24 by the deletion of Clause 6 and the substitution therefor of the following new clause:

 Insertion  7. The principal Act is amendment by the insertion 
 of new  immediately after section after section six of the 
 Section 6 A following new section:

 Incidental 6A. (1) In an action in which the sum claimed does not  Jurisdiction exceed the jurisdiction of the court and is the balance of

 an account, the court may enquire into and hear evidence upon 
 the whole account, even though that account relates to 
 items and transaction exceeding the jurisdiction of the court.
(2) Where the amount claimed or other relief sought
does not exceed the jurisdiction of the court, the court shall not be deprived of the jurisdiction merely because it was necessary
for the court, in order to arrive at a decision, to give a finding upon a matter beyond its jurisdiction.
(3) The plaintiff may only claim for the relief of specific performance if such claim is accompanied by an alternative claim for payment of quantified damages that the plaintiff has suffered as a result of the defendant’s failure to comply with the plaintiff’s obligations; and

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand part of the Bill.

Clause 7 – (Amendment of Section 7)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 7 in lines 25 to 27 by the deletion of the Clause 7.

Amendment agreed to. Clause amended accordingly.

Clause 7, as amended, ordered to stand part of the Bill.

Clause 8 – (Repeal and replacement of section 8)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 8, on page 5
(a) in the marginal note by the deletion of the figure “8” and the substitution therefor of the figure “7”;

(b) in line 28 by the deletion of the word “eight” after the word “section” and the substitution therefor of the word “seven”; and

(c) in line 30

by the deletion of the figure “8” and the substitution therefor of the figure “7”.

Amendment agreed to. Clause amended accordingly.

Clause 8, as amended, ordered to stand part of the Bill.

Clause 9 – (Amendment of section 9)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 9, on page 5

(a) in the marginal note by the deletion of the figure “9” and the substitution therefor of the figure “8”; and

(b) in line 33 by the deletion of the word “nine” after the word “section” and the substitution therefor of the word “eight”.

Amendment agreed to. Clause amended accordingly.

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

Clause 10 – (Repeal and replacement of section 10 Conflict of interest)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 10, on page 6

(a) in the marginal note by the deletion of the figure “10” and the substitution therefor of the figure “9”;

(b) in line 1 by the deletion of the word “ten” after the word “section” and the substitution therefor of the word “nine”; and

(c) in line 3 by the deletion of the figure “10” and the substitution therefor of the figure “9”
Amendment agreed to. Clause amended accordingly.

Clause 10, and amended, ordered to stand part of the Bill.

Clause 11 – (Amendment of section 11)

Mr Kunda, SC.: Madam Chairperson, I beg to move an amendment in Clause 11, on page 6 
(a) in the marginal note by the deletion of the figure “11” and the substitution therefor of the figure “10”; and

(b) in line 6 by the deletion of the word “eleven” and the substitution therefor on the word “ten”.

Amendment agreed to. Clause amended accordingly.

Clause 11, as amended, ordered to stand part of the Bill.

Clauses 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 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 amendments:

The Small Claims Court (Amendment) Bill, 2008

Report Stage on Friday, 12th September, 2008.

REPORT STAGE

The Supplementary Appropriation Bill, 2008

The Public Procurement Bill, 2008

Reports adopted.

Third Reading on Friday, 12th September, 2008

THIRD READING

The following Bill was read the third time and passed:

The Industrial and Labour Relations (Amendment) Bill.

_______

MOTION

ADJOURNMENT

The Minister of Defence (Mr Mpombo): Mr Speaker, I beg to move that the House do now adjourn.

Question put and agreed to.

_______

The House adjourned at 1617 hours until 0900 hours on Friday, 12th September, 2008.