DAILY PARLIAMENTARY DEBATES FOR THE SECOND SESSION OF THE TENTH ASSEMBLY

Wednesday, 10th September, 2008

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

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MINISTERIAL STATEMENT

INTERNATIONAL COMMUNICATIONS LINK FAILURES EXPERIENCED IN THE COUNTRY

The Minister of Communications and Transport (Ms Siliya): Mr Speaker, I rise to respond to the point of order made by Hon. Elizabeth Chitika, Member of Parliament for Kawambwa Constituency regarding incoming and outgoing international communication link failures experienced in Zambia recently.

Sir, my Ministry understands the importance of communication in people’s lives and the benefits that it brings to societies. It is through communication that the world has been connected and made smaller thus making the famous Global Village and contributing to socio-economic development. Against this background, the Zambia Telecommunications Company (ZAMTEL), which has served this country since 1913, continues to be paramount in the social and economic development of Zambia by providing enhanced national, regional, continental and international connectivity through voice, video and data.

Mr Speaker, coming to the events that have transpired in the recent past, I wish to state that while it has been perceived that my Ministry has been silent on this very important matter, the opposite is actually true. My Ministry has also been very concerned over the shortcomings and has since taken steps to ensure that the problem is resolved with the utmost urgency and in the right manner.

Further, allow me to correct the impression that there has been a total communication blackout on account of the failure at the International Gateway Facility. The fact is that the country has only experienced failures in two out of fifteen international communication routes, namely links to South Africa and France. On the South African route, the fault occurred on 8th August, 2008 from 09:00 hours to 19:00 hours Zambian time on the Digital Compression Multiplexing Equipment (DCME). This is the instrument that receives both in and out-going international traffic and reduces the bandwidth to allow for efficiency and reduction in transmission cost between two links.

The failed DCME was replaced at the Lamya House where the International Telephone Switch and the link normalised on the same day. The impression of the total blackout may have been created by the fact that about 40 to 50 per cent of our international calls during peak times are routed through the South African link.

The House may wish to know that as a result of the failure of the South African link, traffic was re-directed through the France route thereby causing congestion and instability. The instability on the France route as a result of the above interim measure which begun on 12th August, 2008 has continued to date despite normalisation of the South African route.

Mr Speaker, the House may wish to know that France is the common gateway for all global roaming data thus it is the repository for all global locator information that enables among other services Short Message Service commonly known as SMS and international mobile phone roaming. Due to the continued instability of the France route, voice services are rerouted through South Africa, Malawi, Botswana, British Telecoms (BT), Teleglobe of Canada, Belgacom of Belgium, Tanzania Telecoms, Tel 1 of Zimbabwe, IDT and MCI of the United States of America (USA), Gilat of Israel, Telecom Italia, AT&T and Telco 214 of USA.

However, international roaming and SMSs which are non-voice services have been the most affected as they are currently only routed through France and South Africa with whom ZAMTEL has bilateral agreements.

Sir, let me correct the impression that was given in the point of order, that ZAMTEL’s international switch has a big problem. I wish to assure the House that ZAMTEL’s current international switch with a capacity of 120 E1s of which 60 E1s are dedicated to outgoing and incoming international traffic is capable of handling the current demand from all the operators. Further, in anticipation of growth in the Telecommunication/Information and Computer Technology (ICT) sector, ZAMTEL has already acquired and installed a new “Next Generation Network” switch supplied by Ericsson which has a capacity of 864 E1s.

Hon. Government Members: Hear, hear!

Ms Siliya: Migration to the new switch was scheduled to begin in the first week of September 2008. To this effect, two engineers from Ericsson are already in the country to undertake the training of staff and migration of services to the new switch. It is scheduled that high traffic routes such as South Africa and Canada are targeted for migration in the next two weeks.

This should see the current problem being experienced on international calling disappear by the end of September, 2008. Other routes will be undertaken after making arrangements with Bilateral Partners depending on the “free” time available to allow for migration.

Mr Speaker, may I address the point of order raised on the International Gateway with regard to allowing other operators to own and operate international gateways. I wish to remind the House that through Statutory Instrument No. 19 of 2002, under the Telecommunications Act Cap. 469, the fee for owning and operating the International Gateway has been set at 347,916,666 fee units. At a fee unit of K180 this translates to K62.6 billion. To date, ZAMTEL is the only licensed provider of international voice services in the country.

Further, the House may wish to note that ZAMTEL has other alternative international routes through Botswana and Malawi using Direct Digital Microwave links that can provide sufficient capacity for international traffic. This addresses the security concerns raised by Hon. Chitika in her point of order.

Hon. Government Members: Hear, hear!

Ms Siliya: In the interim, ZAMTEL has recognised the need to establish other high capacity alternative international routes to provide for redundancy in case of failure on the satellite and microwave segments. In this regard, ZAMTEL has considered engaging telecommunication operators in various countries, including Belgium and Italy for signalling services, i.e. international roaming and SMSs.

Hon. Government Member: Hear, hear!

Ms Siliya: A draft contract has already been drawn between Belgacom of Belgium and ZAMTEL. In the short to medium term, the countrywide fibre optic cable being laid by ZESCO and ZAMTEL will provide the redundant international connectivity to the rest of the world through the EASSy undersea cable on the East Coast and the SAT-3 cable on the West Coast of Africa.

 

Mr Speaker, I wish to take this opportunity to inform the nation that the ZAMTEL link was not at any time disconnected by France Telecom. As alluded to earlier, the problem regarding international calls is purely on account of the congestion and instability on the France route.

Mr Speaker, I also wish to inform the nation that not all problems being experienced are as a result of the international gate way but are due to local network problems. For instance, we have all experienced congestion visa-vis local calls which ultimately affects the making and receiving of international calls. You will also recall that the Communications Authority of Zambia (CAZ) recently undertook a study on the quality of service being provided by local operators. The study revealed that some operators are not meeting the minimum quality of service standards set in the sector and this impacts negatively on the international call set up.

Mr Speaker, while the matter at hand is specific to international communication services, I would like to assure the nation that my Ministry, together with the telecommunications operators and the Communications Authority of Zambia, are working tirelessly to address this matter in the shortest possible time. Given the seriousness of the matter at hand, I constituted an inter ministerial team on 1st August, 2008 to look into the overall performance of ZAMTEL. The terms of reference include developing a clear roadmap for revamping ZAMTEL and its future role in the socio-economic development of Zambia.

The committee has been tasked to report to the committee of ministers by the 15th September, 2008.

Mr Speaker, I wish to assure the House and the nation at large that we in the Ministry of Communications and Transport, are not pretending as mentioned in the point of order, but are committed to achieving our objectives as articulated in the Fifth National Development (FNDP) and Vision 2030. In this regard, my Ministry has a roll out plan to connect the whole nation through the laying of the optic fibre. This will not only reduce the cost of business through value added services, but also extend connectivity to remote areas thus providing opportunities for socio-economic development. Mr Speaker, telecommunications and ICT are not the future anymore as the future is already here. Our challenge is for all of us to change our mindset and embrace this new technology. As a Ministry we are working on ways to facilitate the provision of Government services electronically under the e-Government Programme. We are also collaborating with the private sector to ensure that e-Commerce continues to grow as already evidenced by the number of services electronically offered by the business sector.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Speaker: The hon. Members may ask questions on points of clarification on the statement which has been given by the hon. Minister of Communications and Transport.

Mr Sing’ombe (Dundumwenzi): Mr Speaker, from the statement by the hon. Minister, I would like to find out what the Government is doing about operators who are failing to meet the minimum standards as she put it.

Ms Siliya: Mr Speaker, in the first instance let me share the information that these standards in the sector were actually set by the Communications Authority and the operators in the sector and these are standards that were agreed to and need to be adhered to. Obviously, after the last report by the Communications Authority, following the survey that was conducted on whether the operators were meeting these standards, a round table meeting was called with the operators to see how the problems they were facing could be addressed so that they can meet the standards that they had set for themselves.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, it is believed that the international gate way has only been given to ZAMTEL and the hon. Minister, in her statement, if I heard her correctly, stated that to own an international gate way switch, one had to pay K62 billion. My question is if any of the mobile operators can afford to pay K62 billion, will the Government allow them to own their own international gate way.

Ms Siliya: Mr Speaker, this Government, through the Ministry of Communications and Transport, is committed to liberalising the ICT sector. Therefore, with regard top the gate way, it is not just a question of whether it will be liberalised because there is already a statutory instrument for 2002, liberalising the international gate way. The question has always been on how we are actually going to liberalise the gate way taking into consideration a number of factors that various stakeholders brought to the Government, including security, the status of ZAMTEL and the issue of how we are going to ensure that there is universal connectivity in the country if the monopoly is taken away from ZAMTEL.

Mr Speaker, the idea is that we are now consulting on what the actual framework should be. Should the current operators own and operate gate ways, should third parties independent from being operators in the industry own gate ways or should the Government, through ZAMTEL, operate a second gate way. Therefore, it is the policy framework that we are discussing and some of you may wish to know that a few months ago, before the demise of our dear President, this is an issue that we were going to discuss with the Zambia Business Forum. I am sure that we will continue to discuss with the relevant sectors what the actual licensing framework should be to run a gate way.

I thank you, Sir.

Mr Mukanga (Kantanshi): Mr Speaker, I would like to find out from the hon. Minister how much revenue was lost as a result of the two links that failed.

Ms Siliya: Mr Speaker, I do not have the actual details, but I mentioned in the Ministerial Statement that when the South African link failed, traffic was re-routed through France and even though there was instability and congestion in the France route, Zambia has agreements with other countries that are listed in the Ministerial Statement through which traffic was actually diverted. Therefore, even though there was some revenue lost, the impact was quite minimal because we do have agreements with other countries where the traffic, especially voice traffic, was actually re-routed. The most affected was the non voice traffic which is the international roaming and SMS. In this regard, loss of revenue was minimal compared to what would have happened if we did not have these alternative routes.

I thank you, Sir.

Mr Kasongo (Bangweulu): Mr Speaker is the hon. Minister aware that any blackout in the communications system has a negative impact on our revenue collection effort. If she is aware, why has she failed to appreciate the information made available to her through the point of order?

Ms Siliya: Mr Speaker, like I mentioned earlier, the Ministry has not been silent, we have actively been pursuing this matter with all relevant stakeholders. We have had many meetings with the operators, the Communications Authority, ZAMTEL and other stakeholders. In fact, the Government went a step further, a few years ago, to set up the ICT working group under the Private Sector Development Programme to address these very issues of technology change and liberalisation in the telecommunications and ICT sector. Therefore, we appreciate the issues that were raised in the point of order and this is why in the Ministerial Statement, I have stated very clearly that the Statutory Instrument for 2002 liberalised the gate way, but the other issues surrounding the licensing framework that were brought to light and were eliminated are the issues that we are consulting on further. We appreciate the impact in the ICT and telecommunications sector.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, could the hon. Minister indicate to this House what impediments were found after passing the Statutory Instrument in 2002 to liberalise the ICT sector which has caused the closure of the provision of the international gate way. Secondly, having noticed that there are all these impediments, how come her Ministry came up with a fee for a person who wants to apply to have an international gate way. Why should there be a fee when on the other hand the government is not willing to give the service?

Ms Siliya: Mr Speaker, the statutory instrument clearly states the fee for owning and operating an international get way in this country. That is the licence fee. When studies were conducted led by the Ministry of Commerce, Trade and Industry, other issues were raised by stakeholders on both the sides of Government, private and other stakeholders. A number of issues were raised, including, first of all, what the role of ZAMTEL would be in this whole framework. What would happen, like I said, in terms of universal access for the rest of the country if the monopoly on ZAMTEL was removed to ensure that the whole country is connected? It was also discussed what the security situation in this matter would be if the Government allowed this even though the statutory instrument had already been passed and also what the regulatory framework would be to ensure that security matters were taken into consideration.

There were also issues of empowerment. The Government sent a team to Kenya, South Africa and other countries in the region to find out how they dealt with the issue of empowerment considering the revenue the Government would lose if the international get way was liberalised. In countries such as South Africa and Kenya, there was no total liberalisation the gate way was shared between the Government and private sector. Therefore, all these issues were eliminated although there were no clear answers given. At this point, my Ministry is trying to find the answers to this so that we can provide the right environment for the statutory instrument to take effect. The private sector themselves, the operators, brought to us the issue of the fee which they felt was exorbitant. As a Government, we also felt that it was not exorbitant because we believed that they would earn a lot of revenue from this gate way if it was liberalised.  Issues were raised on both sides and these are the issues that I as Minister and the my Ministry are tackling at the moment so that the statutory instrument can become a reality.

Thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Speaker: The hon. Member for Chifunabuli.

Mr E. C. Mwansa (Chifunabuli): Mr Speaker, the question has been asked.

Mr Nsanda (Chimwemwe): Mr Speaker, ZAMTEL is not making any profit because it has employed relatives, sisters and brothers, …

Laughter

Mr Nsanda: … who have siphoned all the money out of ZAMTEL. Can the hon. Minister tell us how much profit ZAMTEL is making? Secondly, the hon. Minister said that the fears were due to security. Nowadays, there is voice over internet and almost everyone has a satellite phone everybody which you, as a Government, cannot detect. At the moment, the security system is out of date, why are you prohibiting these people who have come to invest with prohibitive fees of K62 billion.

Hon. Opposition Members: Hear, hear!

Ms Siliya: Mr Speaker, let me emphasise, once again, that the Government is not scared of liberalising the ICT and telecommunications sector because we have actually done that. That is why there are other operators in the industry apart from ZAMTEL. Even with regard to the gate way, a statutory instrument was issued, but may be we should concede that this was enhanced before we had actually studied the situation on the ground …

Interruptions

Ms Siliya: … so that we could deal with the other issues that were raised not only by the Government, but also other stakeholders. These are issues that were eliminated visa-a-vis the statutory instrument. I responded to a question in this House on ZAMTEL acknowledging that ZAMTEL was in very difficult financial circumstances. We also had to take into consideration the impact of liberalisation on ZAMTEL because this is an investment owned by the citizens of this country. The team that visited other countries brought back information to the effect that in other countries, they first propped up the national telecommunications before liberalising, particularly the gate way. This is because this is an investment not only by one person, but by the citizens of Zambia and we cannot just allow it to go to worst. Therefore, as a Ministry, we are committed to dealing with the problems of ZAMTEL. This is why I instituted a committee so that when ZAMTEL is able to stand on its feet and compete favourably, whatever solution we will find can be used to address some of the issues surrounding the international gate way. I wish to repeat that it is not a matter of the Government not wanting to liberalise the gate way, but how it is going to be in order to benefit all the 12 million citizens of this country and taking into consideration the citizens’ economic empowerment, security issues and ZAMTEL’s position. We need to come up wit the regulatory framework because we do not want to make the same mistakes that we made initially of making a decision only to find the situation on the ground was not correct.

Thank you, Sir.

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QUESTIONS FOR ORAL ANSWER

CONTAMINAMINATION OF GROUND WATER IN RESIDENTIAL AREAS COUNTRYWIDE

346. Mr Malama (Mfuwe) asked the Minister of Local Government and Housing what measures the Government had taken to prevent the contamination of ground water in residential areas countrywide where people are constructing houses on their own.

The Deputy Minister of Local Government and Housing (Dr Kazonga): Mr Speaker, I wish to inform this august House that the Government has directed all councils to put measures in place that will ensure that new developers are connected to the existing water and sewerage facilities so that the mushrooming of boreholes and soak ways is reduced.

Mr Speaker, building plans are approved by planning authorities and these are councils. Before one commences building, the council must approve these plans. Therefore, building plans are only approved when applicants fulfil conditions set by the planning authorities. In an event where the council allows for the sinking of a borehole then the borehole must be at least sixty-five metres away from the septic tank and soak way to prevent contamination of ground water.

Thank you, Sir.

Mr Malama: Mr Speaker, can the hon. Minister state whether we have safe water underground in Lusaka City, considering that most of our compounds do not have sewer systems in place and that they depend on pit latrines and a soak way type of toilets.

Dr Kazonga: Mr Speaker, the issue of water supply in Lusaka is really valid. In some cases, some of the sources have been actually abandoned because of poor quality of water. Generally speaking, we are ensuring that water that is provided by the Lusaka Water and Sewerage Company is safe for the people to use. As for the compounds that have been referred to by the hon. Member where some pit latrines are so close to the water supply and water points, as Government, we are talking about upgrading unplanned settlements. One of the critical areas is that of water supply and sanitation. We are aware that some of the water points are contaminated and we are making efforts to ensure that we improve the water supply and sanitation facilities in the country.

Thank you, Sir.

Mrs J. M. Phiri (Munali): Mr Speaker, I would like to find out from this Government why it has been difficult to demolish a house which has been built on Chila Road and the Ministry of Lands has confirmed that the plot on which the house has been built is supposed to be cancelled since it is on the top of the water pipes.

The Minister of Local Government of Local Government and Housing (Mrs Masebo): Mr Speaker, the hon. Member, as a member of the council, has the obligation to ensure that if there is a house that is built wrongly and without the necessary papers, to help her management ensure that everything that is wrong should not be encouraged and should be stopped.

Thank you, Sir.

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, some planned settlements specifically in district headquarters, do not have sewer systems. What plans does the Government have to provide sewer systems to planned townships in this country that do not have these facilities?

Hon. UPND Members: Hear, hear!

Mrs Masebo: Mr Speaker, indeed, it is true that generally the sanitation system in the country is below a par and the Government is taking the necessary steps to ensure that this inadequacy is addressed.

Mr Speaker, you would recall that the United Nations has declared 2008 a year for sanitation. This is meant to try and raise awareness among our people on the importance of sanitation. To this effect, my Ministry has come up with the Rural Water Supply and Sanitation Programme which was launched sometime last year. The purpose of this programme is to improve on the access of water supply and sanitation. We are currently developing an urban and peri-urban programme for water supply and sanitation. Yes we have a problem of sanitation as a country and this is not only a problem for Zambia alone but also Africa as a whole. There is a need for us to double our efforts in terms of resource mobilisation and awareness so that our people begin to understand the importance of a toilet as well as the whole general principle of sanitation and sewerage systems.

I thank you, Mr Speaker.

Mr Lubinda (Kabwata): Mr Speaker, before the 1990s, no one was allowed to build a house or any property before local authorities provided the necessary services such as water, sewerage systems and roads. Towards the end of the 1980s, there was a Cabinet circular that was issued to all local authorities to allow them to permit construction of structures even in the absence of such services. The hon. Minister’s statement said that the Ministry had written to all councils to encourage them to ensure that these services are provided before a person builds a house.

Sir, does this connote that the circular that was issued by Cabinet sometime towards the end of the 1980s is now being withdrawn so that local authorities should not approve building plans in an area before social services are provided?

Sir, with your permission, I would like to inform the House that 50 per cent of the water that is handled by the Lusaka Water and Sewerage Company is underground water and all of it is mined in the constituency that I represent, but alas a large part of this constituency does not have sewerage facilities. I would like to find out from the hon. Minister whether there is any intention of directing the Lusaka Water and Sewerage Company to use part of the US$20 million that the company got as a loan to provide sewerage services to the area on which this city depends for water to serve the people of Lusaka.

Mrs Masebo: Mr Speaker, firstly, the US$20 million that has been given to the Lusaka Water and Sewerage Company is specifically for expansion of water supply to the residents of Lusaka and this involves the rehabilitation of some leaking pipes and so on and so forth. Therefore, that money has already been budgeted for specific activities that have to do with water supply. We are in the process of mobilising resources for the sanitation sector. The problem has been that in most cases, even when we get financing either from the Government or donors, the emphasis has always been on one side, which is the water supply sector and thereby, we have tended to underplay the sanitation side.

Unfortunately over the years, the sewerage system that is available has dilapidated, outstripped the number of households and all over Zambia the situation of sanitation, I can safely say, is now below a par. There are a lot of resources that are required to be invested in this sector so that we can rehabilitate and in some cases, come up with new sewerage systems to take on board most of these households that are being built. What we are doing now is just providing a lip service, but this sector requires colossal sums of money and sensitisation of the public and policy makers so that they understand that sanitation is as important as water supply.

Whilst we say that water is life, sanitation signifies dignity. Sanitation is a comprehensive term that covers sewerage, toilets and so on and so forth. Even when we build our houses, the issue of the toilet is given second place. We only talk about bedrooms, kitchens and other parts of the house, but we do not talk about toilets. Therefore, there is a need for collective efforts on the matter of sanitation. Some of the diseases that we have in Zambia are as a result of poor sanitation. The problem of sanitation is quite big, but the Government is addressing this issue aggressively. That is why since last year, the Make Zambia Clean and Healthy Campaign was basically on sanitation. This year, there was an issue of the “Toilet Day” and some people were laughing and saying, “Masebo is crazy, what is this toilet day?” However, the people in Choma have done so well in this regard. These are important concepts that hon. Members of Parliament must do something about in their respective constituencies.

Toilets and sanitation are important. If we concentrate on sanitation, all the money going towards education and health will be reduced because some schools have poor sanitation and pupils learn in an environment that does not have good toilets. Schools are being built, but we are not concentrating on sanitation. Therefore, I would like to urge all hon. Members of Parliament, when we come to Parliament to talk about resource allocation for water supply, we must marry it with sanitation.

I thank you, Sir.

Mr Mwiimbu (Monze Central): Mr Speaker, the hon. Minister of Local Government and Housing, in her statement which was read by her hon. Deputy Minister, indicated that planning authority is vested in councils. Is the hon. Minister aware that planning authority is delegated to councils and by law, the planning authority is conferred on the hon. Minister herself? The responsibility is with the Ministry and therefore, the blame cannot be shifted to councils. If councils are failing, the planning authority can be withdrawn, as it has been done in certain parts of Lusaka because the responsibility lies with the Minister of Local Government and Housing.

Mrs Masebo: Mr Speaker, indeed, the Town and Country Planning Act Cap. 283 (1) indicates that the hon. Minister of Local Government and Housing is the principle planning authority. However, the same Act states that the hon. Minister will delegate those functions by appointing planning authorities. In this regard, all the city councils and municipalities in Zambia have so far been appointed planning authorities. In areas such as Monze and Chongwe, where the capacity is not there, the provincial permanent secretary, provincial Local Government officers and other specialised officers have been appointed provincial planning authorities, hence these are the people who are mandated to ensure effective planning within their jurisdictions.

Agreeably, when there is a problem resulting from a particular planning authority failing to discharge its function, it is only then that the hon. Minister will exercise her powers by taking over those functions.

To answer the earlier question that Hon. Lubinda raised which I omitted concerning an instruction that was issued in 1983, obviously, any new instruction, whether by way of circulars from the Secretary to the Cabinet’s Office or indeed, in this case, the from the Ministry of Local Government and Housing, becomes the current law in terms of implementing decisions.

I thank you, Sir.

CONSTRUCTION OF NYIMBA RIVER BRIDGE

347. Mr F. R. Tembo (Nyimba) asked the Minister of Works and Supply when the Government would construct a bridge across the Nyimba River between Chipembe and Utotwe Roads in Nyimba Parliamentary Constituency.

The Deputy Minister of Works and Supply (Mr Ndalamei): Mr Speaker, the Regional Engineer for the Eastern Province, in association with the Nyimba District Council, will carry out a survey of the quantities to carry out the construction of the bridge across the Nyimba River between Chipembe and Utotwe and prioritise for inclusion in the budget for the 2009 Annual Work Plan under the provision for Road Authorities.

Mr Speaker, I thank you.

LUKULU/MONGU ROAD

348. Mr Imenda (Lukulu East) asked the Minister of Works and Supply when a road to link Lukulu to Mongu via Luena Parliamentary Constituency would be constructed.

Mr Ndalamei: Mr Speaker, the Ministry has no immediate plans to construct an all weather road between Lukulu and Mongu through the Luena Flats because of the commitment to upgrade the existing road between Lukulu and Kaoma to a bitumen standard. This will consequently link Lukulu to Mongu via Kaoma by a bitumen road. The preferred route is longer, but will serve many communities.

I thank you, Sir.

RECRUITMENT OF PROFESSIONALLY TRAINED TEACHERS

350. Mr Kasongo (Bangweulu) asked the Minister of Education what measures the Government had taken to recruit professionally trained teachers in order to improve the quality of education and passing rates, especially in the provinces which performed poorly in the 2006 and 2007 Grades 7, 9 and 12 final examinations.

The Deputy Minister of Education (Mr Sinyinda): Mr Speaker, according to the Medium-Term Expenditure Framework strategy, the Ministry is allowed to recruit 5,000 teachers every year for the period 2008 to 2010 to reduce the high pupil/teacher ratios and eliminate the system of double and triple shifting. It is hoped that with the recruitment of these teachers, there would be improvement in the quality of education and passing rates in provinces which performed poorly.

The teacher recruitment for the period 2008 to 2010 will be based on the teacher/pupil ratio whereby targeting schools that have high pupil/teacher ratios. The Ministry has, this year, recruited a 5,000 teachers in the net recruitment exercise of which 1,000 are for high schools and 4,000 for basic schools.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, it is common knowledge that most of the graduates in the School of Natural Sciences do not find employment immediately after graduation. Is the Ministry thinking of introducing methodology courses to enable these graduate teachers beef up teachers of Physics and Science so that they can start teaching before they go to their respective areas?

The Minister of Education (Professor Lungwangwa): Mr Speaker, I am sure the hon. Member is referring to the BSC general degree holders who have specialised in various areas.

Mr Speaker, the School of Education at the University of Zambia has courses in methodology and if one wants to pursue a teaching career, the facilities are available. It is a matter of choice on the part of graduates who hold general degree certificates.

I thank you, Sir.

Mr Chazangwe (Choma): Mr Speaker, how does this hardworking hon. Minister expect better results in community schools where there are no head teachers or trained teachers?

Professor Lungwangwa: Mr Speaker, I am not quite sure what the hon. Member is referring to because the question that we have just answered is specifically on the recruitment of teachers. We have indicated in our response that we have a programme of recruitment of teachers.

As a matter of fact, it was only last week when we concluded the recruitment of 6,172 teachers and information is there in the news papers.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker could the hon. Minister shed some light on what criterion is used to allocate teachers as I saw in the news papers. I am asking this question because in my constituency, we have, in some schools one or two teachers for schools that run from Grades 1 to 7 and in the whole exercise, we only got four teachers out of the 6,172.

Professor Lungwangwa: Mr Speaker, if the hon. Member was attentive, the criterion for the recruitment and distribution of teachers was indicated in our response and the recruitment and eventual distribution of teachers is based on the teacher/pupil ratio.

Mr Speaker, in our assessment of the teacher situation in the country, the teacher/pupil ratio is more on the negative side in the rural areas. In our effort to address the shortage of teachers in rural areas, we are paying more attention to the rural areas in our distribution of the recruited teachers.

Clearly, we cannot meet the shortfall in the teacher availability at once. Therefore, we are doing it in phases. This is the reason we have indicated in our response that we have a programme of recruiting 5,000 teachers every year up to 2010, which, in our estimate, should be able to go a long way in addressing the shortfall in teacher supply in the rural environment.

Dr Machungwa: Buhata!

Laughter

Mr Speaker: When you debate while seated and you use such words, you run foul of the regulations of the House. Just to assist the hon. Members to debate and be understood, the word “criteria” is plural. The singular is “criterion”. This is for the record.

Mrs Sinyangwe (Matero): Mr Speaker, I would like to find out from the hon. Minister of Education whether the Ministry of Education is putting in place modalities of helping the recruited teachers to get to their base in the form of advance allowance because some of these students do not even have people to help them and if they do not report in time, they will be deregistered. Are you doing something about it?

 Professor Lungwangwa: Mr Speaker, the answer is yes. We have a provision for a settling in allowance for newly-recruited teachers.

I thank you, Sir.

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BILLS

SECOND READING

THE ANTI-HUMAN TRAFFICKING BILL, 2008

The Minister of Home Affairs (Lieutenant-General Shikapwasha): Mr Speaker, I thank you for giving me this wonderful opportunity to address the august House in the presentation of the …

Mr Speaker: Order! Will the hon. Minister first move this particular item?

Lieutenant-General Shikapwasha: Mr Speaker, I beg to move that the Bill be now read a second time.

Thank you, Mr Speaker, for giving me this opportunity to address this august House on the presentation of the Anti-Human Trafficking Bill to this House.

Mr Speaker, when enacted, this piece of legislation will protect the most vulnerable people in society. Allow me to give a background on why we need this piece of legislation.

Mr Speaker, human trafficking, as we all know, is a complex and intricate issue whose victims may be visible, and yet still go unidentified and continue to suffer in the midst of all people. You may well ask what human trafficking is. Well, the United Nations (UN) Protocol on Trafficking in Persons defines trafficking as the recruitment, transportation, transfer, harbouring, or receipt of a person by force or deception for the purpose of exploitation. Exploitation can be sexual, manual labour, domestic servitude or indeed for the removal of organs.

Mr Speaker, human trafficking is a lucrative business because it is very low in risk, and yet very high in returns. Globally, it ranks third to gun running and drug trafficking in terms of profits. Zambia has not been spared from this pandemic. Currently, Zambia is a source, transit and destination for women and children trafficked for the purposes of domestic servitude, forced labour and sexual exploitation.

Mr Speaker, you may need to know, again, why trafficking in human beings occurs. Trafficking in human beings is perpetuated by poverty, the desire for a better life and a lack of awareness. Currently, more than two-thirds of Zambia’s population are living in poverty and are looking for a better life. These are fertile ground for recruitment by traffickers. The children who live on the streets are in more danger because no one will miss them after they have been trafficked. The 1.2 million orphans are also another vulnerable group. In short, vulnerability provides fertile ground for traffickers looking for victims to sell or exploit.

Mr Speaker, trafficking affects everyone. Anyone can fall victim to traffickers. Some women have been trafficked by their husbands. That is how complex and intricate the situation can be. There are several examples of husbands who have trafficked wives in Asia and, indeed, in West Africa. Zambian women have been held in servitude as labourers at farms.  Human trafficking is modern day slavery and is a violation of human rights. Trafficked women and children are denied even the most basic of human rights, namely freedom and access to health care, education, protection and in some cases, even to life.

Victims of trafficking are placed at a high risk of HIV infection as a result of gender- based violence, sexual assault and commercial sex work which victims often suffer. However, successful prosecution of offenders who indulge in trafficking in human beings continues to be elusive because of the inadequacy of the law. As a country, we cannot allow this to continue happening. We need to protect the most vulnerable in society, hence the introduction of this Bill in this House.

Mr Speaker, in 2005, the Government publicly acknowledged the need to strengthen Zambia’s criminal laws to address trafficking, hence pushed for inclusion of a special anti-trafficking offence in the Penal Code (Amendment) Bill of 2005. The amended legislation was inadequate as it was done without wider consultations with stakeholders in order to address the whole scope of human trafficking, hence this process to enact a comprehensive legislation which gained full momentum in 2006.

At this point, Mr Speaker, let me point out the inadequacies in our current legislation. The current legislation is inadequate in that it does not do the following:

(a) define trafficking;
(b) apply to legal entities by virtue of the imprisonment jail sentence;
(c) address the sell of body parts;
(d) provide for criminalisation of migrant smuggling;
(e) define exploitation; and
(f) address protection and rehabilitation of victims of tracking as per Palermo Protocol to which Zambia is a party.

Mr Speaker, having realised the above, the Government, in 2005, formed an Inter-Ministerial Task Force to address the problem of human trafficking under the chair of the Ministry of Home Affairs. The Task Force developed the Anti-Trafficking Bill, 2008, draft policy action plan and a communication strategy. This was done through wide consultations with NGOs, the media, civil society, churches and the international organisations in the country.

Mr Speaker, the UN Trafficking Optional Protocol to prevent, suppress and punish trafficking in persons, especially women and children supplementing the United Nations Convention against Transnational Organised Crime of 2000 is the principal document outlining States’ obligations with respect to human trafficking.

Mr Speaker, I wish to inform the august House that Zambia acceded to this Protocol and the underlying Convention of 24th April, 2005.

Therefore, the objectives of the Bill, are to:

(i) provide for the prohibition, prevention and prosecution of human trafficking;

(ii) provide for the filing and dealing with matters related to human trafficking;

(iii) establish the Task Force on Human Trafficking and provide for its powers and functions;

(iv) establish centres for victims of human trafficking ;

(v) establish the Human Trafficking Fund; and

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

Mr Speaker, as earlier stated, trafficking in human beings is perpetuated by the lack of awareness of internal trafficking, trafficking across boarders and trans-continental trafficking as well as the intricacies involved.

Once enacted, the Anti-Human Trafficking Act will raise awareness about this complex global phenomenon of international movement of people for exploitation. The mere existence of the law on anti-human trafficking will trigger general public awareness through the electronic media and other publications. It will also bring about other comprehensive interventions through co-ordinated multi-sectoral approaches.

Mr Speaker, the other benefit of passing this Bill is that Zambia will have a well- defined legal system to deal with serious criminal offences relating to human trafficking in line with the provisions of the United Nations Protocol with respect to the criminalisation of human trafficking.

The Anti-Human Trafficking Law will, therefore, make it easier for the law enforcement officers to effectively arrest and prosecute perpetrators in that the element of the various offences will be outlined in a way that can be easily understood. The law will criminalise the full scope of human trafficking unlike the current provision under Section 143 of the Penal Code Amendment Act of 2005.

Mr Speaker, by establishing a national secretariat on human trafficking, Zambia will have a well managed and co-ordinated approach to deal with human trafficking. The proposed national secretariat will be responsible for the co-ordination of various activities aimed at combating human trafficking amongst various stakeholders in Zambia.

It will also be responsible for the implementation, monitoring and evaluation of anti-trafficking strategies in Zambia and the administration and mobilisation of resources available. This means that we shall have a well co-ordinated multi-sectoral approach.

Awareness and education programmes will be effectively carried out by the secretariat with a specific mandate and powers as provided for in the Bill.

Mr Speaker, at the moment, activities aimed at combating human trafficking are co-ordinated on an ad-hoc basis, making it very difficult to access financial and other resources and to have continuity of programmes and monitoring of progress.

One other important ramification of the proposed legislation is that it will serve as a deterrent measure for the perpetrators in that penalties will be stiffened.

Mr Speaker, where there is no law, perpetrators of crime tend to have a field day. With the existence of clear and specific legislation on anti-human trafficking, successful prosecution will result and many will be deterred while lives will be saved.

Mr Speaker, the anti-human trafficking legislation will play a very important role in the fight against this barbaric practice. The legislation will invoke general good will among the international community. The Government’s efforts to combat human trafficking will be heavily supported by the international community.

The legislation provides for the establishment of centres for the victims of human trafficking. The result of this, Mr Speaker, will be all key players working together to help victims most of whom are women and children. The key players will include social workers, social welfare officers, immigration officers, police officers, public prosecutors and labour officers among others.

Citizens will benefit since victims of trafficking will be cared for and receive counseling in these centres.

Mr Speaker, human trafficking poses a serious threat to national security and stability. Trans-national trafficking frequently involves illegal migration or migrant smuggling and is increasingly perpetuated by highly organised criminal groups. The existence of this legislation will, to a large extent, help safeguard our national security and borders since security officers and immigration officers along our boarders will have the strong backing of the law in firmly dealing with the perpetrators and sealing of our boarders. Without a fervent and collective effort, human trafficking will continue to perpetuate the exploitation of the most vulnerable. Without adequate legislation, successful prosecutions will continue to elude us.

In conclusion, Mr Speaker, I would like to appeal to the House to seriously consider the advantages and benefits to be derived from passing this Bill. I, therefore, request for the support of all the hon. Members.

I thank you, Mr Speaker.

Mr Mwiimbu (Monze Central): Mr Speaker, your Committee of Legal Affairs, Governance, Human Rights and Gender Matters were privileged to examine the Bill on Anti-Human Trafficking in great detail. In so doing, your Committee invited various stakeholders for their input on the ramifications of the Bill should it be enacted.

Mr Speaker, most stakeholders were generally agreed on the need to have an anti-human trafficking legislation on our statute books. It was recognised that the Penal Code Cap. 88 of the Laws of Zambia did not adequately and comprehensively deal with the human trafficking scourge. It is undisputed that human trafficking exists in Zambia although its scope and magnitude remain unknown, hence the dire need to curb it before it becomes widespread.

Mr Speaker, a couple of years ago, there were press reports of a woman from a neighbouring country who attempted to traffic children through Zambia and was apprehended at the Chirundu Boarder Post. We were informed that the woman could not be prosecuted due to inadequacies in the law. It is, therefore, gratifying to note that this Bill defines human trafficking which is lacking in the Penal Code.

The Bill further establishes a human trafficking Committee and defines its powers and functions. Nonetheless, your Committee is concerned about the composition of the proposed human trafficking Committee. The Committee is biased towards the State. Therefore, there is a need for its expansion so as to include the Church and the civil society.

The International Organisation for Migration, for instance, is an important stakeholder and should also be a member of the Committee.

Your Committee hope that with this piece of legislation in place, the Government will ensure that appropriate logistical support is rendered to law enforcement agents to enable them detect and successfully prosecute the human trafficking culprits.

This is a progressive Bill and needs the support of this august House.

I thank you, Mr Speaker.

Mr Kachimba (Luanshya): Mr Speaker, I would like to thank you for giving me this opportunity to deliver my maiden speech as Member of Parliament for Luanshya Constituency. I also rise to profoundly thank my party, the MMD and the people of Luanshya Constituency for adopting and giving me this rare honour of serving them. I promise my party and my constituency that I will add value to the constituency, the House and the entire country.

Mr Speaker, further, allow me to commend our Judiciary for their commitment to ensuring that equity and fair play prevails in the nation. I want to testify to this august House that I am a testimony of the independence of the Judiciary. I, therefore, call upon this House, through its legislative function, to continuously look for opportunities in areas where service delivery by the Judiciary can be improved.

Sir, I would also like to commend the leadership of the late President of the Republic of Zambia, His Excellency Dr Levy Patrick Mwanawasa, SC., may his soul rest in peace, for promoting the independence of the Judiciary. He went out of his way to create a conducive environment for the Judiciary to operate freely. The Judiciary is now able to adjudicate and provide an effective and efficient administration of justice for the benefit of society without any interference from other arms of the Government.

Hon. Government Members: Hear, hear!

Mr Kachimba: As a country, we are just recovering from the tragic loss of our beloved President, Dr Levy Patrick Mwanawasa, SC, I would like to encourage the people of this country to continue working together in harmony for the sake of development and prosperity of our country. It is important that we emulate the commitment and patriotism of our late President and work hard to ensure that the developmental plans and programmes that he left are fully implemented.

Mr Speaker, allow me to discuss the newly-introduced tax regime for the mining industry. My constituency is in total agreement with the Government’s new fiscal and regulatory framework for the mining sector.

Hon. Government Members: Hear, hear!

Mr Kachimba: I am happy to report that this decision could not have come at a better time than this. It is a decision that calls for celebration because, as a Member of Parliament coming from a mining constituency, I can confirm that we have always advocated for such a framework in order to provide for increased levels of loyalties and taxes to the nation. The decision by the Government to introduce a new mining regulatory regime, will ensure that part of the profits generated by mine investors contribute towards national development in areas such as health, education and infrastructure development. Certainly, this decision will reduce dependence on donor funding.

Sir, it is important that we remind ourselves that we have set a realistic target to move Zambia to a middle-income country by 2030, through the implementation of the Vision 2030. We also have the Citizens’ Economic Empowerment Commission and Integrated Broad Based Multifaceted Strategy aimed at substantially increasing the participation of citizens in the running of the economy and reduces income inequalities. With these and other programmes running, it is important that the administration that will takeover from the late President’s administration will continue to implement these programmes because they have a bearing on the welfare of the people.

Hon. Government Members: Hear, hear!

Mr Kachimba: Mr Speaker, allow me now to make some comments on the state of my constituency. Generally, Luanshya Constituency has experienced a decline in economic activities as evidenced by company closures, relocations and massive retrenchments. This has resulted in increased poverty levels and a decline in the living conditions of the people due to massive unemployment. HIV and AIDS, which is a national problem, has had a telling effect, leaving most households vulnerable to poverty.

Sir, I urge this caring Government to expand the provision of Antiretroviral drugs. However, it should be noted that it is this Government that provided billions of kwacha to pay miners at the time when the mine was threatened with a closure and provided quality leadership in finding a new investor to takeover the running of the mine. The new investor has managed to resuscitate the mine. Therefore, this Government should be commended for this achievement which has transformed the district.

Hon. Government Members: Hear, hear!

Mr Kachimba: Sir, I also recognise the Government’s effort in reviving the living standards of the people in my constituency by finding a viable investor in the name of Luanshya Copper Mines Plc. It has improved the road network which was once dilapidated and constructed two basic schools. These are just but some of the major programmes that the Government has come up with.

Mr Speaker, the challenge Luanshya District faces is to diversify from mining to agriculture and other non-mining activities in order to kick-start the diversification programme. I am happy to report that the process of diversification started under the leadership of the late President. It is for this reason that Luanshya District needs positive leadership to overcome its challenges and constraints.

In this regard, I wish to call upon the hon. Member of Parliament for Roan (Mr Kambwili) to collaborate with me in bringing development to our district.

Hon. Government Members: Hear, hear!

Hon. Government Members: Repeat that!

Mr Kachimba: Our focus should be to provide stability for developmental activities in the economic and social infrastructure such as irrigation development, roads, health and education facilities, rural electrification and land resettlement.

Sir, I wish to call for the continuous revision and improvement of salaries for our Zambian professionals in the mining sector. It would be a good idea to have a watchdog committee in the mines fashioned on the old structure of the Zambianisation Committee. We should not allow all key positions in the mines to be de-Zambianised. I further wish to appeal to the Government to compel the Luanshya Copper Mines Plc to put good safety measures in constant submission to the mining policy on environmental usage and disaster policies.

Furthermore, the current administration needs to be profusely thanked for the continuous improvement made in good governance policies. This august House needs to know that there is sustainable development in Zambia because of good governance. Without fighting corruption and mismanagement of public resources, there could not have been good governance. This is outstanding leadership.

Mr Speaker, lastly, I would like to congratulate the Government for commissioning the opening of the Muliashi Mine by the Luanshya Copper Mines Plc which will create more jobs for the people of Luanshya. It is my prayer that these employees will enjoy good conditions of service and their employers will avoid casualisation of labour.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Lieutenant-General Shikapwasha: Mr Speaker, I would like to thank your Committee for the wonderful work that it has done. I also want to thank the entire House for supporting this Bill.

Mr Speaker, I beg to move.

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

Committed to a Committee of the Whole House.

Committee on Thursday, 11th September, 2008.

THE SMALL CLAIMS (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.

Mr Speaker, the Small Claims Court Act was enacted in July, 1992 in order to provide for the quick disposal of cases involving relatively small amounts of money that require speedy, simple and inexpensive court processes. The Act provides for the establishment, constitution, jurisdiction powers and procedure of Small Claims Courts.

Mr Speaker, due to various constraints, the courts have not become operational and due to lapse of time, some provisions of the Small Claims Courts Act have been over taken by events. It has, therefore, become necessary to amend the Act to redefine the jurisdiction of the courts.

Currently, the jurisdiction of Small Claims Courts is limited to claims of not more than 4,000 fee units, which is approximately K720,000. Clearly, this sum has been overtaken by factors such as the strength of the kwacha and inflation. Therefore, it requires revision.

Sir, in addition, the courses of action and the procedures to be observed by these courts as well as the appointment of commissioners have been revised.

Mr Speaker, the Bill before this august House seeks to increase access to justice and assure our people of expeditious disposal of court cases involving small claims. The growth of the informal sector also provides further motivation for an effective, efficient and low cost alternative to the conventional court system in Zambia. Operationalising the Small Claims Courts will reduce pressure on the Subordinate Courts and the High Court. In addition, the procedures contained in the Bill for seeking redress are simplified and will be inexpensive.

Mr Speaker, in presenting this Bill, the Government is responding to the need for quick disposal of cases involving relatively small amounts of money using a speedy, simple and inexpensive court process.

Sir, the amendments included the provision for the appointment of commissioners to preside over courts in place of arbitrators. This has been done in order to make a distinction between arbitration which is a private means of dispute resolution while disputes before the Small Claims Courts must be conducted in a manner similar to conventional judicial practice.

Mr Speaker, the Bill is progressive and will benefit the majority of Zambians. I therefore, urge hon. Members of this august House to give it their full support.

Mr Speaker, I thank you.

Hon. Members: Hear, hear!

Mr C. K. B. Banda, SC. (Chasefu): Mr Speaker, I wish to thank you for this opportunity to comment on the Small Claims Court (Amendment) Bill, N.A.B. 14/2008 which was referred to the Committee on Delegated Legislation for scrutiny.

Sir, the objectives of the Small Claims Court (Amendment) Bill, N.A.B. 14/2008 are as follows:

(i) to revise the law relating to Small Claims Courts and to provide for operationalisation of Small Claims Courts by the Chief Justice in line with international standards; and

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

Mr Speaker, the establishment of the Small Claims Court is provided for under the Small Claims Courts Act, Chapter 14 of the laws of Zambia. It has taken almost sixteen years for the Act to be operationalised in terms of establishing the Small Claims Courts. It is however pleasing that the Government has finally decided to operationalise the Small Claims Courts as part of its aim of increasing access to justice throughout the country.

Sir, as you are aware, Small Claims Courts are meant to provide an expeditious avenue for settling disputes involving relatively small amounts of money.  The litigants are expected to represent themselves and will therefore, not need legal representation. The paper work needed for launching claims is also expected to be simple and precise. This process is meant to expedite the process of litigation involving small amounts which will buy and large be removed from the ambit of the Subordinate Courts. This will entail that the Subordinate Courts will be decongested and allow the magistrates to concentrate on other cases.

Mr Speaker, the reduced work load for magistrates will definitely afford them enough time to attend to other cases expeditiously and increase access to justice.

Mr Speaker, your Committee were informed that the operationalisation of Small Claims Courts would commence with pilot projects in Lusaka and Ndola.  The courts would then be spread to provincial centres. Your Committee recommend that the Small Claims Courts should be spread to all districts as much as possible. This way, the most disadvantaged sections of our society who cannot afford to engage lawyers and pay legal fees will be catered for.

Sir, another issue which your Committee would wish the Government to address in due course concerns the jurisdiction of Subordinate Courts in civil matters. It is the view of your Committee that the Subordinate Courts jurisdiction is limited and should therefore, be enhanced. The duty to review the jurisdiction of the Subordinate Courts in civil matters may’, as is the case to Small Claims Courts, be vested in the Chief Justice.

Mr Speaker, with these few remarks, I wish to urge the House to support the Small Claims Court (Amendment) Bill, 14/2008.

Mr Speaker, I thank you.

Hon. Members: Hear, hear!

Mr Speaker: Are there any maiden debaters? They are still welcome even two years into the term.

Laughter

Mr Speaker: Order! The hon. Learned Minister of Justice may wind up debate.

Mr Kunda: Mr Speaker, I wish to thank the House 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, 11th September, 2008.

THE ZAMBIA POLICE (Amendment) BILL, 2008

Lieutenant-General Shikapwasha: Mr Speaker, I beg to move that the Bill be now read a second time.

Sir, I thank you for giving me the singular honour to be accorded this opportunity to address the august House on the presentation of the Zambia Police (Amendment) Bill, 15/2008. Let me not over emphasise the fact that when enacted, this piece of legislation will assist to harmonise its provisions with those of other laws in relation to the functions and powers of the Police Public Complaints Authority (PPCA).

Mr Speaker, a little retrospection will allow us to understand the rationale behind the endeavours to pass this piece of legislation. As earlier stated, there is a need to amend the Zambia Police Act, Cap. 107 of the Laws of Zambia in order to harmonise its provisions with those of other laws in relation to the functions and powers of the PPCA. The PPCA was created in order to facilitate an independent avenue for aggrieved members of the public who came in conflict with the law. 

Sir, the PPCA, hence provided the platform for these members of the public to complain against police excesses. These as they may be, the PPCA has been accused of out stepping their powers where by they even go as far as directing or prescribing to the Inspector-General of Police the type of punishment to mete out on his officers. Inevitably, this has created an acrimonious relationship between the PPCA on one hand and the other stakeholders such as the Police on the other hand.

Mr Speaker, the following are the objectives of the Bill:

(i) to rationalise the powers of the Police Public Complaints Authority in relation to those of the Police and Prisons Service Commission (PPSC) regarding the discipline of police officers;

(ii) remove the power of the PPCA to direct the Director of Public Prosecutions, the Inspector-General of Police, the Anti-Corruption Commission or any other relevant body or authority and to take specified action against a police officer and substitute it with the power to make recommendations; and

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

Mr Speaker, once enacted, the benefits that will accrue from the amended Zambia Police Act are manifold. In the first instance, this piece of legislation will afford members of the public the opportunity to confidently seek recourse to PPCA whenever they are aggrieved by police action, in that PPCA would be viewed as an independent and neutral third party. Therefore, more members of the public will be encouraged to approach the PPCA rather than the police, whom they are suspicious of shelving complaints against their fellow officers.

In addition, members of the public who dread to be accorded the hostile reception at police formations when lodging complaints against police action will also be encouraged to approach the PPCA.

Mr Speaker, arising from the above, members of the public can readily accept the outcome of their cases investigated by PPCA even when the result is not in their favour. On the contrary, they would find it hard to readily accept the same decision that would come out of police investigations.

Mr Speaker, natural justice demands that complaints against police not be dealt with by the same body (Zambia Police Force) because the police cannot be a judge in its own case, as it would be regarded as having an interest to serve.

Mr Speaker, the replacement of the word “direct” that was in the initial Act, by the term “recommend” in the amendment Act, is a welcome move because PPCA was not supposed to direct and recommend at the same time. Moreover, on a number of occasions, the PPCA was directing the Inspector-General of Police on the nature of the punishment to be meted out on erring officers, such as dismissal, when the powers of dismissal lay in the hands of the Police and Prisons Service Commission.

 Mr Speaker, the Inspector-General of Police is empowered by the Police and Prisons Service Act, Chapter 259, Part IV to discipline erring officers who violate other citizens’ freedom and rights. Therefore, there is no need to subject him to being directed on the course of action to be taken on erring officers.

Mr Speaker, the introduction of the Permanent Secretary, Ministry of Home Affairs in the picture will be in line with disciplinary procedures, whereby the Inspector-General of Police recommends action to be taken on erring officers to the PPSC through the Permanent Secretary’s office. In addition, the Permanent Secretary, Ministry of Home Affairs and the Police and Prisons Service Commission, who will be receiving a copy of recommendations from the PPCA to the Inspector-General of Police, will ensure that the Inspector-General of Police conforms to the recommendations accordingly and in good time.

Mr Speaker, another benefit to be derived from the passing the Bill is that the Inspector-General of Police can now study the recommendations and decide on the appropriate action to be taken as opposed to executing what PPCA has directed even if the process conflicts with the laid down procedure.

Interruptions

Mr Speaker: Order! The House will listen.

Lieutenant-General Shikapwasha: Mr Speaker, the passing of this piece of legislation will remove the acrimonious relationship that exists between the PPCA, the Zambia Police Service and the Police and Prisons Service Commission because it will complement the disciplinary functions which are already vested in these two latter bodies. In addition to investigating cases reported by members of the public against police excesses, the PPCA will only be exercising powers of recommendations so as to harmonise the relationship and ensure that these recommendations are acted upon.

The amendment will, therefore, succeed in harmonising its provisions with those of other laws and procedures in relation to the functions and powers of the PPCA. The roles will be clearly defined for each body and there will not be any overlapping of powers by PPCA. The end result is the achievement of efficiency by all parties involved as the wrangling that was dragging the work of Government will now be a thing of the past.

Mr Speaker, as I conclude, I earnestly appeal to this distinguished august House to take into consideration the advantages and benefits that will accrue from passing the Bill. I, therefore, request the hon. Members of the House to fully back this Bill.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Ms Chitika (Kawambwa): Mr Speaker, I thank you most sincerely for according me this opportunity to brief this august House on matters pertaining to the Zambia Police (Amendment) Bill No. 15 of 2008.

Sir, before I proceed with my statement, let me, on behalf of your Committee and indeed, on my own behalf, express our heartfelt condolences to the first lady and her family, the entire Government and the nation on the passing on of the Republican President, His Excellency, Dr Levy Patrick Mwanawasa, SC. May his soul rest in peace.

Mr Speaker, in considering this Bill, your Committee had fruitful interactions with Government institutions. May I, therefore, take this opportunity to state that as a result of this interaction, your Committee managed made pertinent observations on the Zambia Police Amendment Bill which is on the Floor of this House.

From the outset, I wish to inform the House that your Committee welcomes the Bill, as it will harmonise the provisions of the Zambia Police Act, Cap. 107 of the Laws of Zambia with those of other laws in relation to the functions and powers of the Police Public Complaints Authority. Further, your Committee are alive to the fact that the Bill is in line with your previous Committee’s recommendations in their Report of 2006.

Mr Speaker, before I highlight the contents of the report, let me state that your Committee are alive to the fact that the Bill before this House has the effect of eroding the functions and powers of the Police Public Complaints Authority unless the other institutions will not perceive the authority as duplicating their work. Therefore, it is important to recognise the important work that the authority carries out in policing the actions of the police on the citizens.

Notwithstanding the concern I have raised above, your Committee recommend that amendments to this Bill be effected. In particular, the Government should take the following concerns on board, that while agreeing with the repeal of Section 57G in Clause 3 of the Bill, your Committee propose an amendment to 57G (c) by the insertion of the words “(I) the Permanent Secretary, Ministry of Home Affairs” and have the rest of (c) re-numbered. This is so because the Ministry of Home Affairs and the Commission, who are the final authority in meting out disciplinary action against an erring police officer, will be able to check the actions taken by the Inspector-General of Police based on the recommendations made by the Authority. Therefore, making recommendations to the Inspector-General of Police, who will follow the disciplinary procedure as provided for in the Zambia Police Act, Cap. 107 of the Laws of Zambia, is appropriate.

Section 57 (h) should be amended in Clause 4 (d) of the Bill by the deletion of the words “Police and Prisons Service Commission” wherever there appear and the substitution therefor of the words “Inspector-General of Police”.

Mr Speaker, finally, let me take this opportunity to thank all the stakeholders who responded to the Committee’s request at short notice. This shows the importance that the stakeholders place on matters pertaining to national security. In addition, your Committee wish to express their appreciation to you Mr Speaker and the Office of the Clerk of the National Assembly for the invaluable and tireless assistance rendered throughout their deliberations. Your Committee are hopeful that the observations and, indeed, recommendations contained in their report will be of use to the House in making a decision on the Bill.

Mr Speaker, I thank you.

Mr Speaker: There is a maiden debater.

Hon. Members: Hear, hear!

 Mr R. C. Banda (Milanzi): Mr Speaker, I thank you for affording me this opportunity to make my maiden speech in this august House since my election as Member of Parliament for Milanzi Parliamentary Constituency on 26th June, 2008. I wish to sincerely show gratitude to the people of Milanzi for such a clear mandate given to me and my party MMD in the elections through a massive majority.

Hon. Government Members: Hear, hear!

 Mr R. C. Banda: Mr Speaker, I wish to pay tribute to my predecessor, the late Dr Chosani Njobvu who served the people of Milanzi Constituency until his untimely death whilst on Parliamentary duty. I hope to continue with the developmental programmes he initiated as a means of continuity to the development of Milanzi Parliamentary Constituency.

Mr Speaker, allow me to join the nation in conveying my sincere condolences to the Mwanawasa family on the untimely death of His Excellency Dr Levy Patrick Mwanawasa, SC, who passed away at Percy Military Hospital, Paris, France on 19th August, 2008. His demise is a big loss to the nation.

I wish to take this opportunity to give glory to God my creator for all the good things done to me, my family and, indeed, my country. Praise be to the creator of heaven and earth. I also wish to show gratitude to our late Party President Dr Levy Patrick Mwanawasa, SC, the Vice-President, Hon. Rupiah Banda and the Movement for Multi-Party Democracy for giving me this privileged opportunity to represent my party in the Milanzi by-election on its ticket.

Hon. Government Members: Hear, hear!

Mr R. C. Banda: I wish to further thank all the members of the National Executive Committee, all the party organs involved and, indeed, all MMD members, officials, family and friends for the support and assistance given.

Mr Speaker, the result of the Milanzi by-election confirms the growing support the people are giving the MMD as a party in Government.

Hon. Government Members: Hear, hear!

Mr R. C. Banda: This is because of the way the nation is being governed. Currently, the Eastern Province has sixteen out of nineteen hon. Members of Parliament elected from the MMD, leaving only three constituencies to be shared among the other parties.

This is a clear manifest of the good programmes and projects being implemented by the MMD-led Government and the trend is set to spread countrywide where this is not yet so. To cite a few examples of good MMD developmental programmes in the Eastern Province, Sir, the road infrastructure which had deteriorated heavily is now receiving serious attention.

Hon. Government Members: Hear, hear!

Mr R. C. Banda: The Great East Road is now being worked on with most of the roads already tendered out and contractors on site.

Hon. Government Members: Hear, hear!

Mr R. C. Banda: The Chipata/Lundazi Road, which had been greatly damaged, is also being worked on with the contractor on site.

Hon. Government Members: Hear, hear!

Mr R.C. Banda: The feeder roads in the Province are receiving attention and it is the hope of the people of the Eastern Province and Zambia at large that this momentum in development should not be lost until the majority of these feeder roads and other areas requiring improvement receive the necessary attention.

Hon. Government Members: Hear, hear!

Mr R. C. Banda: In the water sector, the MMD Government has designated and implemented water sector reforms that aim at increasing access to clean and portable water to its citizens in the urban and peri-urban areas of Zambia. The formation of commercial water utilities countrywide is a result of such focused and forward looking plans of this Government.
The rural water supply and sanitation programme has also been launched to cater for needs of rural community in terms of water and sanitation. While talking of planning, it is on record that the current MMD Government has resurrected National economic planning - an exercise that had been abandoned much earlier.

Sir, the success of the MMD is not only in the sectors mentioned above, but also in sectors like education and health. The Government is providing funding for new infrastructure and for rehabilitation of old infrastructure where possible. All this is possible due to prudent and efficient management of the public resources by the MMD Government.

Mr Speaker, the people of Milanzi would like to join other well meaning Zambians to encourage Government to continue providing good developmental leadership. Although aware of the challenges that people are still facing, it is our wish and prayers that these shall be discussed…

Business was suspended from 1615 hours until 1630 hours.

[MR SPEAKER in the Chair]

Mr Speaker: When I suspended business, the House was considering the Second Reading stage of the National Assembly Bill No. 15, 2008 and the hon. Member for Milanzi was speaking.

May he continue, please.

Mr R. C. Banda: Before business was suspended, I was saying that the people of Milanzi would like to join other well-meaning Zambians to encourage the Government to provide good developmental leadership.

Hon. Government Members: Hear, hear!

Mr R. C. Banda:  Although aware of the challenges that people are still facing, it is our wish and prayer that these shall be discussed in a planned way and implemented in a well conducted manner to benefit all Zambians. As a constituency, Milanzi has had the misfortune of sharing boundaries with areas which had been plagued by wars starting with the rebelation wars in Mozambique in early 1970s and later the civil war in that country which lasted up to 1990s.

This means that the infrastructure development in some parts of the Province and Milanzi in particular was affected negatively. To this effect, access to clean drinking water, adequate health facilities and education was less than the rest of the country due to the effects of these wars on our land. It is our humble prayer and hope that some kind of a quick-fix programme implementation could be designed for these parts of the country, including Milanzi, where development had been affected.

Mr Speaker, in the few days that I have been in Parliament, I have heard a lot of good developmental discussions which I hope also the people of Milanzi now enjoying in peace, could aspire for.

This includes terms such as rain water harvesting which I understand can be possible where surface dams are developed. That is enabling a community to trap and store rain water for future domestic use. This kind of development is much desired in Milanzi where water for domestic use and also for domestic animal use is usually a problem in the dry season. Milanzi has no big rivers and the development of dams would be an answer towards meeting this challenge.

Sir, the challenges facing Milanzi like any community in our country can only be addressed by the Government and it is gratifying that some of these challenges are being addressed. However, we would wish the pace to be quickened.

This includes areas like crop marketing and pricing of cash crops such as cotton which is cultivated on a large acreage in Katete, but those proceeds to the farmers always leave them in debt to the sponsoring companies. We in Milanzi are positive and hopeful that our Government shall find a solution to this problem.

Mr Speaker, finally, I wish to sincerely thank you for affording me this opportunity to speak through this House after my election. I, once again, wish to thank the people of Milanzi and the nation at large for the change to be a people’s representative in Parliament and I shall endeavor to be their conveyor of developmental messages between the people and the Government.

May the good Lord bless our country.

Hon. Members: Hear, hear!

Dr Machungwa (Luapula): Mr Speaker, I rise to support the Bill. In supporting the Bill, I wish to point out the following:

Sir, the Police Public Complaints Authority was an institution that was aimed at giving members of the public an avenue to complain against police officers when they were wronged or ill-treated by the police.

The reasoning was that it would be difficult for the members of the public to complain to the police themselves about police officers. They would be intimidated and may not be listened to. The idea was also to ensure that an impartial entity was able to look at the grievances that the members of the public presented. Since they are independent, they are not likely to unnecessarily favour the police officers who may have committed some misdeeds against members of the public. The Police Public Complaints Authority was given enough power to ensure that redress was obtained for members of the public. In fact, this is why it was stated that they could recommend or even direct that certain activities or certain punishments or sanctions be taken against police officers. This was a concern.

Sir, I am saying this because even though we are amending to reduce the powers of the Police Public Complaints Authority and since we are supporting this, it creates conflict with the Constitution. Otherwise, the concept that this body should be able to address grievances of the members of the public against law enforcement officers is still very valid.

I like the amendment that suggests that even the Permanent Secretary at the Ministry of Home Affairs will also be given the decisions of the Authority so that the Minister, through the Permanent Secretary, can also look at this and work with the Inspector-General of Police to ensure that administrative actions that have been arrived at by the Police Public Complaints Authority are put into effect.

Mr Speaker, it must be understood that the Police Public Complaints Authority is there to ensure that the interests of the members of the public are safeguarded. The purpose of the Government is to address problems that people are facing to make it easier for the people to manage. In this regard, I wish to congratulate and even commend the Acting President of the Republic of Zambia, His Excellency Mr Rupiah Banda for directing the two ministers in the ministries of Finance and National Planning and Energy and Water to look at the issue of the high cost of fuel. This is not only for MMD or PF or UPND or any other party, UNIP with Member in the House, …

Mr Mubika: Independents!

Dr Machungwa: … Sir, but also for the people Zambia.

Hon. Members: Hear, hear!

Dr Machungwa: This is the way to go.

Hon. Members: Hear, hear!

Dr Machungwa: Those leaders who are looking at the problems of all Zambians are going to get the support from Zambians.

Hon. Members: Hear, hear!

Dr Machungwa: Therefore, in supporting this amendment, I wish to make it very clear that this institution was created to try and ameliorate for the public whether they are from the Opposition, the Ruling Party the village or from anywhere and it must continue in that direction.

Hon. Members: Hear, hear!

Dr Machungwa: If all leaders, whether they are from here or there are working for the people of Zambia this is welcome and we shall support them.

Hon. Members: Hear, hear!

Interruptions

Lieutenant-General Shikapwasha: Mr Speaker, I want place on record my thanks for the wonderful work done by Mr Speaker’s Committee under the Chairpersonship of Hon. Elizabeth Chitika, Member of Parliament for Kawambwa. I also wish to thank all those who have contributed and supported this Bill and for the wonderful and overwhelming support that this House has given it. I would like to assure the House that this Government continuously works to ensure that all public complaints are heard and dealt with, with the levels of governance that this Government practices.

I thank the hon. Members of Parliament for their support.

I thank you, Sir.

Mr Mubika: 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 CHAIRPERSON OF COMMITTEES in the Chair]

THE SUPPLEMMENTARY APPROPRIATION (2006) BILL, 2008

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Supplementary Appropriation Act No. 5 of 2005)

The Minister of Finance and National Planning (Mr Magande): Madam, Chairperson, I beg to move an amendment in Clause 2, on page 3, in the marginal note by the deletion of “Act No. 5 of 2005” and the substitution therefor of “Act No. 17 of 2006”.

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand part of the Bill.

SCHEDULE ON PAGE 4

Mr Magande: Madam Chairperson, I beg to move an amendment in the Schedule:

(a) on page 4

(i) In column 1

(a) Under head 02, Office of the Vice President

(i) by the deletion of the figure “/04” appearing against the word “Administration”;

(ii) by the deletion of the figure “/05” appearing against the words “Parliamentary Business Department” and the substitution therefor of the figure “/04”; and

(iii) by the insertion of the figure “/05” against the words “Disaster Management and Mitigation Department”.

(b) After head 76/02

By the deletion of the figure “02” appearing against the head “Ministry of Defence” and the substitution therefor of the figure “77”.

(ii) In column 2

(a) Under head 02, Office of the Vice President

by the deletion of the words “Disaster Management and Mitigation Department” after the words “Disaster Management and Mitigation Department”; and

(b) Under head 15, Ministry of Home Affairs

by the insertion of a hyphen and the word “Headquarters” after the words “Drug Enforcement Commission”.

(iii) In column 3, under head 02, Office of the Vice President

(a) by the deletion of the figure “10,563,525,456” appearing against the words “Human Resources and”;

(b) by the deletion of the figure “28,319,028” appearing against the word “Administration” and the substitution therefor of the figure “10,563,525,458”;

(c) by the deletion of the figure “3,000,000,000” appearing against the words “Parliamentary Business Department” and the substitution therefor of the figure “28,319,028”; and

(d) by the insertion of the figure “3,000,000,000” against the words “Disaster Management and Mitigation Department”.

Amendment agreed to. Schedule further amended accordingly.

SCHEDULE ON PAGE 5

Mr Magande: Madam Chairperson, I beg to move that the schedule on page 5, in column 1, under head 94, Office of the President – Western Province be amended by the deletion of “/42” appearing between “/19” and the words “Water Affairs Department”; and by the insertion of “/42” against the words “Resettlement Department”.

Amendment agreed to. Schedule amended accordingly.

Schedule as amended, ordered to stand part of the Bill.

Title agreed to.

THE PUBLIC PROCUREMENT BILL, 2008

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretation)

Mr Magande: Madam Chairperson, I beg to move that Clause 2 on page 8, in line 11 be amended by the deletion of the word “empowerment” and the substitution therefor of the word “empowered”; and on page 11, in lines 37 to 38 by the deletion of the definition of “Tribunal”.

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3, 4 and 5 ordered to stand part of the bill.

CLAUSE 6 – (Powers and functions of Authority)

Mr Magande: Madam Chairperson, I beg to move an amendment in clause 6 on page 14 in line 20, by the insertion of the words “or debarred” after the word “suspended”; after line 22 by the insertion of the following new paragraph; (1) monitor the execution of contracts entered into by procuring entities; and by the renumbering of paragraphs (1) and (m) as paragraphs (m) and (n); and on page 15, in line 6, by the insertion of the words “or debar” after the word “suspend”.

Amendment agreed to. Clause amended accordingly.

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

Clauses 7, 8, 9 and 10 ordered to stand part of the Bill.

CLAUSE 11 – (Composition of procuring entities)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 11, on page 16, in line 19, by the insertion of the words “or Chief Executive Officer” after the word “Officer”.

Amendment agreed to. Clause amended accordingly.

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

Clause 12 ordered to stand part of the Bill.

CLAUSE 13 – (Duties of Controlling Officer and Chief Executive Officer)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 13, on page 17, in line 15, by the insertion of the word “and” after the semi-colon; in line 17, by the deletion of the semi-colon and the word “and” and the substitution therefor of a full stop; and in lines 18 to 19, by the deletion of paragraph (g).

Amendment agreed to. Clause amended accordingly.

Clause 13, as amended, ordered to stand part of the Bill.

Clauses 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 ordered to stand part of the Bill.

CLAUSUE 26 – (National and International Bidding)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 26, on page 24, after line 21

by the insertion of the following new sub-clause:

 (6)  A foreign bidder shall partner with a citizen or local supplier or bidder.

Amendment agreed to. Clause amended accordingly.

Clause 26, as amended, ordered to stand part of the Bill.

Clause 26 ordered to stand part of the Bill.

CLAUSE 28 – (National and International Selection)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 26, on page 25, after line 10

(6)  A foreign bidder shall partner with a citizen or local supplier or bidder.

Amendment agreed to. Clause amended accordingly.

Clause 28, as amended, ordered to stand part of the Bill.

Clause 29 ordered to stand part of the Bill.

CLAUSE 30 – (Limited Selection)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 30, on page 25, in line 26

by the deletion of the words “goods”, works or” and the substitution therefor of the word “consulting”

Amendment agreed to. Clause amended accordingly.

Clause 30, as amended, ordered to stand part of the Bill.

Clauses 31, 32, 33, 34 and 35 ordered to stand part of the Bill.

CLAUSE 36 – (Community Participation in Procurement)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 36, on page 27, in line 33

by the insertion of the words “shall be” after “(1)”.

Amendment agreed to. Clause amended accordingly.

Clause 36, as amended, ordered to stand part of the Bill.

Clauses 37, 38, 39, 40, 41, 42 and 43 ordered to stand part of the Bill.

CLAUSE 44 – (Statement of Procurement Requirements)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 44, on page 30, in line 35

by the insertion of the word “procured” after the word “be”.

Amendment agreed to. Clause amended accordingly.

Clause 44, as amended, ordered to stand part of the Bill.

Clauses 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60 ordered to stand part of the Bill.

CLAUSE 61 ─ (Eligibility of Bidders)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 61, on page 36:

(a) in line 21, by the deletion of the words “sixty-three” and the substitution therefor of the words “sixty-five”; and

(b) in line 32, by the deletion of the words “sixty-one” and the substitution therefor of the words “sixty-three”.

Amendment agreed to. Clause amended accordingly.

Clause 61, as amended, ordered to stand part of the Bill.

Clauses 62 and 63 ordered to stand part of the Bill.

CLAUSE 64 ─ (Supplier Databases or Lists)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 64, on page 39:

(a) in line 29, by the deletion of the words “fifty-nine” and the substitution therefor of the words “sixty-one”; and

(b) in line 33, by the insertion of the word “of” after the word “supplier”.

Amendment agreed to. Clause amended accordingly.

Clause 64, as amended, ordered to stand part of the Bill.

CLAUSE 65 ─ (Suspension)

Mr Magande: Madam Chairperson, I beg to move an amendment in Clause 65, on page 40, in line 5, by the deletion of the words “sixty-four” and the substitution therefor of the words “sixty-six”.

Amendment agreed to. Clause amended accordingly.

Clause 65, as amended, ordered to stand part of the Bill.

Clauses 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 84 ordered to stand part of the Bill.

First Schedule on pages 46, 47 and 48 ordered to stand part of the Bill.

FIRST SCHEDULE ON PAGE 49

Mr Magande: Madam Chairperson, I beg to move an amendment in the First Schedule, on page 49, in line 34, by the deletion of the words “immediate family” and the substitution therefor of the words “close relative”.

Amendment agreed to. First Schedule on page 49 amended accordingly.

First Schedule on page 49, as amended, ordered to stand part of the Bill.

Mr Magande: Madam Chairperson, I beg to move an amendment on Second Schedule, on page 52, in line 6 by the deletion of ‘86’ and the substitution therefor of ‘84’.

Amendment agreed to. Second Schedule amended accordingly.

Second Schedule, as amended, ordered to stand part of the Bill.

Title agreed to.

______________

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bills were reported to the House as having passed through Committee with amendments:

The Supplementary Appropriation Bill, 2008

The Public Procurement Bill, 2008

Report Stages on Thursday, 11th September, 2008

The Industrial and Labour Relations (Amendment) Bill, 2008

Report adopted.

Third Reading on Thursday, 11th September, 2008
_______________

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 1722 hours until 1430 hours on Thursday, 11th September, 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LAPSED QUESTION

GAZETTING OF FOREST RESERVE

 349. Mr I. Banda (Lumezi) asked the Minister of Tourism, Environment and Natural Resources when the forest reserve near Lundazi Dam in chief Mphamba’s area would be degazetted to allow for the expansion of Lundazi Township.

The Minister of Tourism, Environment and Natural Resources (Mr Kaingu): Mr Speaker, the Ministry of Tourism, Environment and Natural Resources has no plans of degazetting the forest reserve near Lundazi Dam. The forest is reserved for the purpose of maintaining trees around the dam and protects both the banks of the Lundazi and Msuzi streams. In other words, the forest serves the purpose of protecting the catchments of the dam and rivers.

I thank you, Sir.