DAILY PARLIAMENTARY DEBATES FOR THE FIRST SESSION OF THE TENTH ASSEMBLY

Thursday, 9th August, 2007

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

_________

MINISTERIAL STATEMENT

GLOBAL RECALL VIRACEPT (NEFILNAVIR)

The Minister of Health (Dr Chituwo): Mr Speaker, I thank you for giving me this opportunity to present this statement on the Global Recall Viracept, an anti-retroviral medicine. Zambia continues to score success in the National Multi-Sectoral Response to the challenge that HIV/AIDS causes to our country.

At present, there are 115,000 citizens receiving anti-retroviral medicine. Of these, 100,000 are receiving medicines from the public sector free of charge. The rest, 15,000 of them, are being taken care of by the private care practitioners.

Mr Speaker, in the last four years, empowered by the declaration by the Republican President, His Excellency, Mr Levy Patrick Mwanawasa, SC, that HIV/AIDS was a national disaster, we have moved from having only two anti-retroviral therapy centres in the country to having these services provided in nearly all the seventy-two districts.

Mr Speaker, the prevention of the transmission of HIV/AIDS from parents to their children, a strategy which gives us immense hope for an HIV/AIDS-free generation of babies, has now reached near national coverage in our country. It is pleasing to observe that, each day, a child is born HIV/AIDS free from HIV-positive mothers in our country.

With the measures that the Government has put in place, the number of people dying from AIDS has now significantly reduced. Our reproductive age category and workforce are now being preserved. In addition, savings are being made on the reduced occurrence of opportunistic infections and reduced admissions to hospitals of people with HIV/AIDS. It should be noted that with fewer people dying now, what this translates into is fewer children being orphaned.

Mr Speaker, challenges in our national response against HIV/AIDS still remain. Allow me to bring to the attention of this august House, the need for our country to have reliable capacity for quality assurance. Though at present, we are able to assure quality of some of the medicine, I must confess that this capacity is still limited.

Mr Speaker, I would like to state to this House that in order for our sovereignty as a country to be made practical, we must certainly assure the safety of our citizens through further building capacity for the assurance of the quality of the medicinal products that we import for consumption. It is my sincere hope that such a national ambition will surely receive express support of all hon. Members of this august House.

Sir, I wish to inform this august House that the European Medicines Agency was made aware by Roche Registration Limited, a pharmaceutical company, of the presence of a contaminant in their product of viracept (nefilnavir), a second-line anti-retroviral medicine used to treat HIV/AIDS I in adults, adolescents and children aged three years and above.

Mr Speaker, some batches of viracept were found to have this contaminant. It is a compound that might cause cancer. Though the extent of the contamination is not known, Roche Registration Limited, the company that makes viracept, acting for the sake of caution and safety, decided to globally recall the viracept drugs currently on the market.

However, what is known is that the contaminated batches were manufactured from 1st March, 2007 onwards.

Mr Speaker, patients receiving viracept were therefore, quickly notified that they ought to discontinue the consumption of viracept and urgently contact their health care providers to be afforded another appropriate anti-retroviral medicine. This change from viracept to a suitable alternative was done based on an individual patient’s needs. However, it should be noted that recommended substitutions are presently available in the country.

Mr Speaker approximately 100 of our citizens were taking this medicine from the public sector. The number of those who were on this medicine from the private sector is not known. I must add that this drug is only given when a patient develops resistance to the first line combination of anti-retroviral drugs. Presently, about less than 1 per cent of Zambians were on this drug. The Pharmaceutical Regulatory Authority (PRA) has undertaken to ensure that the private sector complies with this recall.

Mr Speaker, the Ministry of Health has been in touch with the responsible company Roche Limited. Though we are pursuing a written apology, a verbal one has already been tendered by this company to the Zambian Government.

Mr Speaker, the company will undertake to do the following:

(i) all patients who took the suspected contaminated viracept will be followed up and monitored carefully and all their side effects, if any, will be documented. This will continue for as long as they live;

(ii) patients who have been on this drug since 1998 when the drug first came on the market and were pregnant while taking the drug ought to report so that their targeted children and they themselves are also followed up like in item (ii) above;

(iii) the cost of these follow-up activities will be borne by the responsible company;

(iv) Roche Limited will reimburse the cost of purchase of all the contaminated batches;

(v) following the issuance of a Destruction Certificate by the Pharmaceutical Regulatory Authority, the contaminated batches will be destroyed locally; and

(vi) as its own initiative, Roche Limited will undertake to inform Zambians on any relevant issues pertaining to this batch of viracept.

Mr Speaker, it is our aim as a ministry to conduct an independent assessment of the batches that came to our country. It is, indeed, possible that the viracept that our people were consuming might have been free of this contaminant.

In conclusion, let me inform this august House that, as a Government inspired by the knowledge that we have the duty to ensure the safety of our citizens, we acted quickly to notify all Zambian consumers of this product. In addition, all our prescribers were immediately ordered to stop issuing it and all the viracept that was in the warehouse were quarantined. I must say that because of our quick action, to our knowledge, there is no one, at present, who is still consuming this drug.

Mr Speaker, let me further remind this august House not to lose sight of the bigger picture. Allow me to re-state the significance of the Free ARV Policy implemented by the Government. 100,000 people are alive today and the majority of them continue to significantly contribute to the socio-economic development of the country by supporting their families financially, morally and materially. Knowing that all of us in this House seek the development of our country, I would like to implore all the Members of the House to rally behind this national cause of ensuring our sovereignty through building capacity for quality assurance for the sake of our citizens’ safety.

I thank you, Mr Speaker.

Mrs Sinyangwe (Matero): Mr Speaker, I would like to thank the hon. Minister of Health for that clarification. However, I would like to find out from him how good the system of tracking the people who have taken the medicine will be because, in Zambia, by practice, we normally do not even leave a forwarding address.

Dr Chituwo: Mr Speaker, we learnt lessons from our first two sides in this programme of Anti-Retroviral Therapy (ART). From those lessons learnt earlier on, we put in a registration system where our patients are followed up through their addresses, including their physical addresses. In addition, in collaboration with some partners, we have put in place a community support programme which renders assistance to patients who are on ARVs. In this way, the information gathered is not only health facility-based, but also community based.

I thank you, Mr Speaker.

Mr Hachipuka (Mbabala): Mr Speaker, I wonder whether I understood the hon. Minister of Health correctly, but I thought he said, within the country, a tracking mechanism would be set up to check whether the batches that came to Zambia were not the concern that has caused viracept to be withdrawn. If I did understand him correctly has he set up a mechanism to check that those who consumed it, in the event the drug they consumed was contaminated, are free of cancer?

Dr Chituwo: Mr Speaker, due to the registration system we have put in place, the documentation is such it is this system of following up our patients that will be used in tracking them down. In fact, it would be disadvantageous if we put up a parallel system because then, it would be very difficult to ensure that we have all the data from the very beginning, the present and the future.

Mr Speaker, it is through these systems and facilities that this register, which is a sub-register, will be used to follow up all the patients who were on the drug at the time the recall was made.

I thank you, Mr Speaker.

Mr Kanyanyamina (Kanchibiya): Mr Speaker, can I find out from the hon. Minister of Health what measures the Government has put in place to ensure there is quality control in service delivery which he talked about. Last weekend in Mpika, for example, I visited the hospital and found a patient with a rotting arm from my constituency and there was no doctor to attend to the patient. The doctor was alleged to have gone to attend a meeting. At the same time, there is a shortage of clinical officers. Instead of thirteen (13), there are only two. What assurance do we have that there will be people to administer these drugs even though we may have them on the shelves?

Dr Chituwo: Mr Speaker, the issue of quality is one of our primary objectives in the health sector. It is also articulated in the National Health Strategic Plan arising from the Fifth National Development Plan (FNDP).

In order to realise this quality control, one issue that needs to be addressed is, indeed, the shortage of skilled personnel which the hon. Member for Kanchibiya has bemoaned. In this House, I have assured that a recruitment process has started and this is one aspect that will ensure that our patients receive timely attention.

On the issue of workshops, it is not the intention of the ministry to see that our staff is away from their stations for prolonged periods. However, with the dynamism of science, we find that it is imperative to update our health personnel in new and efficient methods of looking at the diseases that we are faced with today. Therefore, there will be times when this unfortunate situation will arise, but it is not the ministry’s policy to encourage workers in the health sector to be away from their stations for prolonged periods.

In thank you, Mr Speaker.

Mr C. K. Banda, SC. (Chasefu): Mr Speaker, could the hon. Minister of Health tell the House what sanctions, if any, his ministry will take in proven cases where the medical care givers continue dispensing this contaminated drug to unsuspecting patients. Additionally, what measures, if any, will you take against the medical care givers, pharmacies and others, who refuse to heed the call for the recall of this contaminated drug?

Hon. Member: Hear, hear!

Dr Chituwo: Mr Speaker, medical practice is premised on trust between the client and the physician. There are general rules that will apply to any practitioner who disregards a lawful order and information, as far as the care of a patient is concerned. These procedures are covered under the Allied and Medical Professions Act.

With regard to pharmacies that refuse, I find it extremely difficult to understand, because they too, have ethics to follow. In addition to that, we have the Inspectorate Wing of the Pharmaceutical Regulatory Authority, which, already, is following up the practicing pharmacists in the private sector. I would like to believe that with the combination of these two, i.e., the Inspectorate Wing of the Pharmaceutical Regulatory Authority and the inherent oath that all medical personnel swear to, to safeguard the lives of the patients that we care for, I am confident that this kind of anomaly should not arise.

I thank you, Mr Speaker.

Mr Mukanga (Kantanshi): Mr Speaker, the answers that the hon. Minister has given, including the fact that Roche Company owes the Zambian people an apology, I would like to find out whether they also intend to compensate the people who will have been exposed to viracept and at what point this compensation will be given?

Dr Chituwo: Mr Speaker, the reason for undertaking all these procedures, is to see that no harm will have been done to citizens. In this regard, when that time comes, we will take the responsibility for the damage that may be uncovered as a result of this prolonged follow up. We shall be consulting with the Ministry of Justice, although the Common Law dictates that, once you have caused harm, compensation must be given.

I thank you, Sir.

Mr Simama (Kalulushi): Mr Speaker, what plans has the hon. Minister put in place to ensure that people living in distant places are informed about the side effects of the medicines they are taking at home?

Dr Chituwo: Mr Speaker, this alert of the re-call was at two levels. One was through the public media and in this House, but, perhaps the most effective one is through the prescribers themselves. This is because they have registers and most of these patients have to go back to the health facilities for a re-supply of the medicines. Therefore, it is in this regard that we are very confident that by now, all the patients would have received the information and gone back for a substitute or alternative medicine, other than the viracept that was prescribed in the initial stage.

I thank you, Sir.

Mr I. Banda (Lumezi): Mr Speaker, how many known patients in Zambia have been taking this contaminated drug?

Mr Speaker: The hon. Minister of Health may re-emphasise, even though he has already mentioned the figures. You may clarify this for the hon. Member.

Dr Chituwo: The number of patients who were on this drug is 100.

I thank you, Sir.

Dr Katema (Chingola): Mr Speaker, we heard from the hon. Minister that the Government had demanded for an apology from Roche Company that has since apologised, at least, verbally.

 However, with a problem of this magnitude, where we are going to track people who were taking this drug and their off-spring, is it not prudent for the hon. Minister to demand for a written apology and a commitment by Roche Company towards the Government of the Republic of Zambia and the people who have taken the drug?

Dr Chituwo: Mr Speaker, perhaps, as a way of clarification, I will inform the House that we had a meeting with a representative of Roche Company who committed his company to the procedures that I shared with the House. Arising from this meeting, we demanded for a written statement and so, there is only a need for a follow up to the discussions we had on a written apology.

I thank you, Mr Speaker.

Mrs Phiri (Luanshya): Mr Speaker, I would like to find out what the current HIV/AIDS prevalence rate is. This is in view of the hon. Minister’s report that the measures that have been put in place have reduced the death rate of people living with HIV/AIDS. I just would like to find out the current HIV/AIDS prevalence, from the 16%.

Dr Chituwo: The HIV/AIDS prevalence rate is obtained from five-year demographic health surveys. This survey is under way in our country to determine, among other things, the HIV/AIDS prevalence rate. This will determine, as accurately as possible, the prevailing HIV/AIDS prevalence rate.

Mr Speaker let me share with this House the success in putting so many HIV positive people on ARVs. We are likely to see an increase in the HIV/AIDS prevalence rate. This is because prevalence rate simply means the percentage of people who are HIV positive. However, this must be differentiated from the HIV/AIDS incidence rate. All I can say is, because of the policy of free ARVs, we have seen a reduction in the death rate which is connected with the HIV/AIDS incidence rate, rather than the HIV/AIDS prevalence rate. From that point of view, one can say that we have done fairly well, because to do that means taking into account the prevention and people going for Voluntary Counselling and Testing (VCT), as an entry point to ART.

I thank you, Mr Speaker.

Mr Muntanga (Kalomo): Mr Speaker, a month ago, the hon. Minister of Health was on radio complaining of the many pharmacies that are opening up in the compounds, and that he would take stock of that.

We would like to find out what measures he has put in place to ensure that the illegal pharmacists in compounds and various other places, have not stocked this lethal viracept and whether he will confiscate it.

Dr Chituwo: Mr Speaker, in my statement to this House, I said we were concerned with the illegal prescription and dispensing of medicines. I made it clear that there were two categories of pharmacies. The first one comprises drug stores that dispense counter medicines such as aspirin, paracetamol and cough mixtures. The pharmacies that handle prescribeable drugs need pharmacy technologists, pharmacy technicians or pharmacists to be licensed to deal in prescribed drugs.

Mr Speaker, to be able to do this job, we have the Pharmaceutical Regulatory Authority, which is our arm, which issues, not only licences, but also periodically inspects to see if the licence holders are adhering to the provisions in the Act with regard to prescribed drugs. Therefore, that question falls under the Pharmaceutical Regulatory Authority.

 This is a major undertaking, as I have stated. Where these illegal structures appear and are serving the people, one cannot see the impact immediately. I can assure the House that in fact, those who are found to have contravened the law have their pharmacies closed.

I thank you, Mr Speaker.

Mr Milupi (Luena): Mr Speaker, for the country to have ever greater benefits from various measures that the hon. Minister has put in place in his ministry, it is imperative that as many people as possible know their status. When is the hon. Minister going to introduce universal testing so that everybody knows their status?

Hon. Opposition Member: Hear, hear!

Dr Chituwo: Mr Speaker, I am not quite sure if I understood the question well. As far as the expectant mothers are concerned, we are already undertaking universal testing. However, it is still a problem with the general public in that the policy still remains that of voluntary counselling and testing. As for those who are visiting our facilities and undergoing major surgery, it is mandatory that they be tested in order for the surgeons or opticians to plan their treatment properly in the light of their status. Generally, at sometime, universal testing has to include everybody, because there are implications on issues of public health versus those of human rights.

I thank you, Mr Speaker.

Ms Kapata (Mandevu): Mr Speaker, I would like to find out from the hon. Minister what measures have been put in place to make sure private clinics issuing ARVS are doing this according to Government protocols so that we are able to have proper data of people on ARVs.

Dr Chituwo: Mr Speaker, if I may refresh the memories of hon. Members of this House, ARVs were available before 2002 only in the private sector. We had not put in place the skills and the policies in the public sector then.

Secondly, in our planning process, in terms of management and follow up, these are undertaken jointly between the public and private sector. Therefore, we have standardised the management regime in both the public and private sectors.

I thank you, Mr Speaker.

_______{mospagebreak}

QUESTIONS

PROVISION OF SOLAR ENERGY TO ALL PUBLIC SCHOOLS IN CHIPILI PARLIAMENTARY CONSTITUENCY

768. Mr D. Mwila (Chipili) asked the Minister of Education when the Government would provide solar energy to all the public schools in Chipili Parliamentary Constituency.

The Deputy Minister of Education (Ms Changwe): Mr Speaker, I would like to inform the House that the ministry is focusing on providing electricity to rural schools under the Rural Electrification Programme being undertaken by the Government in the country. The ministry has provided solar power to schools, especially those that were constructed by the Zambia Social Investment Fund (ZAMSIF) to improve the learning environment in some of the rural schools. Therefore, schools in Chipili Parliamentary Constituency will only be provided with solar power when adequate funding is made available in the Fifth National Development Plan.

I thank you, Mr Speaker.

Mr D. Mwila: Mr Speaker, out of the twenty basic schools which are in Chipili Parliamentary Constituency, none of the schools has solar panels. Could the hon. Minister inform this House if there are any schools which have been given solar panels, because she said that there are some schools which were built under ZAMSIF which were given solar panels?

Ms Changwe: Mr Speaker, the ZAMSIF Project is no longer running. Therefore, the schools that benefited from the solar panels under ZAMSIF were lucky. In fact, the ZAMSIF Project was run by the district administrative offices in conjunction with the District Development Co-Ordination Committees (DDCCs). Various schools in all districts applied for this fund. Therefore, if the schools in Chipili Parliamentary Constituency did not receive the solar panels, it was the decision of the people who were disbursing the funds not to supply the solar panels for some reason.

Mr Speaker, what I am saying is that the decision to take the solar panels to a particular school was a prerogative of DDCCs, through the administrative office.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

CLOSED FERRY POINTS IN SENANGA DISTRICT

769. Mr Mwangala (Nalolo) asked the Minister of Works and Supply:

(a) how many ferry points were closed in Senanga District name by name; and

(b) whether the ministry was aware that ferry points across rivers in the Western Province were a major source of communication and if so, when the Government would introduce the service in Senanga District.

The Deputy Minister of Works and Supply (Mr Tetamashimba): Mr Speaker, I wish to inform the House that Senanga has only one ferry point at Kalongola known as Kalongola Pontoon.

Sir, during the discussions with the Western Province hon. Members of Parliament on Wednesday 8th August, 2007, we explained that the road from Senanga to Sesheke, through the bridge on the Zambezi River, will join the current road at Nangweshi. The ministry further explained that this Government has decided to construct a new road on the east of the Kalongola Pontoon, where a bridge will be constructed at a cost of US $28 million through the Mbeta Islands.

Mr Speaker, we wish to inform the House that during the heavy rains that caused disaster in many parts of the country, Kalongola Pontoon was closed as the Zambezi River had swelled to high proportions that made it impossible for the pontoon to be used. We suspended its operations so that we could not compromise the safety of our people crossing the Zambezi River through the Kalongola Pontoon.

Soon after the end of the floods, the Ministry of Works and Supply had since opened the Kalongola Pontoon to the general public and traffic.

Sir, from the above statement, the House may wish to know that the Kalongola Pontoon shall be history, as it will be phased out within the next two years when the Zambian Government with the assistance of the Danish Government will construct a bridge across the Zambezi River for the benefit of the travelling public.

With regard to part (b) of the question, the ministry is aware that pontoons are an integral part of the system of the core road network of Zambia as most of our roads cross rivers and streams, not only in the Western Province, but the whole country.

In the Western Province, in addition to the bridge at Senanga, this Government is constructing bridges on the Zambezi River between Mongu and Kalabo.

Therefore, their continuous operation is one task which we have ensured does not breakdown. However, pontoon operations are normally constrained by flooding, and thus the ministry closes these pontoons when such situation arise for the safety of the general public using these Government facilities.

I thank you, Sir.

Mr Mwangala: Mr Speaker, is the hon. Minister aware that the closure of the pontoon has led to loss of lives because of canoes capsizing?

Mr Tetamashimba: Mr Speaker, the Government programme was to put a ferry on the Kalongola Pontoon to help the people travelling from one end of the river to the other. However, because my traditional cousins’ place is a plain, for them to cultivate and celebrate simple Kuombokas, …

Laughter

Mr Tetamashimba: … they had to have these small canoes. Obviously it is very difficult for the Government to monitor small banana canoes that are owned by our cousins. Therefore, it becomes very difficult to help in such a scenario. However, whenever there is a road crossing a river, this Government will be in a position to put up a pontoon.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Sinyinda (Senanga): Mr Speaker, I do not understand because I know that the hon. Member of Parliament for Nalolo was not only asking about Kalongola.

From Sesheke to Lukulu, we have had various ferry points where the Government was providing banana boats to assist in crossing the river. That is what the hon. Member of Parliament was talking about, but this was phased out by the Government. As a result, people have been dieing in big numbers. When will the Government provide banana boats to enable our people cross the river?

Mr Tetamashimba: Mr Speaker, first and foremost, it is the responsibility of the Government to ensure that the crossing point for people has a facility to enable them cross the roads or rivers. In identifying the points, we normally look at the busy areas where there is more traffic in terms of vehicles and people will pass. However, it is not the intention of any Government, for example, to put a small banana boat at every 1 kilometre for the sake of people in that area. The purpose of the Government is to put up a pontoon at a place that is convenient for many people. Therefore, we can state here that at crossing points that we have identified, for instance in Western Province now, you will be able to cross at such points.

During the rainy season, as we heard yesterday from the hon. Minister of Agriculture and Co-operatives, sometimes it is difficult to do anything about the floods.

I thank you, Sir.

Mr Mooya (Moomba): Mr Speaker, in 2004, there was a Presidential directive that by 2007, all the pontoons be replaced by bridges. We are in 2007. What is going to happen?

Mr Mwiimbu: Hear, hear!

Mr Tetamashimba: Mr Speaker, we have always been excited with the questions asked by the hon. Member of Parliament for Moomba who has been helping our ministry in many cases.

Whenever there are pronouncements made by the Head of State, that may be made wherever he may be, the ministries are supposed to take that pronouncement as law, so to say. This is why we are announcing that we are erecting an expensive bridge in the Western Province so that people can cross on the Kalongola from Mongu up to the other end.

Sir, you may be aware that, in Sesheke, there is a very good bridge between Zambia and Namibia. I am sure the engineers will agree with me. We are also erecting bridges along the road from Mongu to Kalabo. Previously, the economy of the country was not very good, but under this Government, the economy has started to pick up and that is why we are now following the decisions of His Excellency the President to ensure that we advance.

Mr Simbao: Hear, hear!

Mr Tetamashimba: Our friends from the Luapula Province will agree with us. Whenever the hon. Minister goes to visit the Northern Province, he usually passes through the Luapula Province to make sure that the pronouncements made by the President are acted on. Therefore, we are doing everything possible to provide water transport.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Muntanga (Kalomo): Mr Speaker, could the hon. Minister confirm that the reason he has refused to support my cousins by giving them banana boats is because they cannot drown.

Laughter

Mr Muntanga: A Lozi never drowns.

Laughter

Mr Muntanga: The main reason is that they have to put up bridges everywhere there is a pontoon.

Mr Hachipuka: They cannot drown.

Mr Tetamashimba: Mr Speaker, unfortunately, if all the people knew how to swim - I know of people who can even tame the crocodiles so that they cannot catch human beings- if everybody was like that, then there would be no need for bridges. However, because there are some people who have never seen big rivers and do not know how to swim, it is important that the Government provides bridges so that those who cannot swim will not find themselves being chewed by the crocodiles.

I thank you, Sir.

Mr Kambwili: You have not answered the question!

Mr Speaker: The hon. Member of Parliament for Roan is hesitating. Do you have something to say?

Laughter

Mr Kambwili (Roan): Mr Speaker, if I heard the hon. Member of Parliament for Moomba, correctly, he said that Presidential pronouncements were that by 2007, all rivers that had pontoons would have bridges. Could the hon. Minister assure us that in the next five months, there are only five months before the end of 2007, all these areas will have bridges?

Interruptions

The Minister of Works and Supply (Mr Simbao): Mr Speaker, I would like to thank Hon. Kambwili for trying to get a clarification on this particular vision of the President of the Republic of Zambia. The President’s vision is to see that all the popular crossing points that are serviced by pontoons, are replaced by bridges.

Sir, I do not remember which year the President said this could be possible by 2007, but since then, we have seriously looked at all the possible places that are very busy. These are the areas that we have tackled to see that we follow the President’s vision. We have so far erected the Sesheke-Katima Mulilo and Chirundu bridges. We are also erecting the Chembe Bridge and we will soon be erecting the Kazungula Bridge. There are other places that require bridges such as Mbesuma in Zambezi River where Hon. Kakoma comes from. These are areas that will be attended to after this first phase has been completed.

Therefore, the vision of the President is that all these very busy crossing points have bridges. We are scheduled to meet that vision this year on the Chembe Bridge and, most likely, Kazungula Bridge. Sourcing money for the Kazungula Bridge is quite at an advanced stage. I would like to tell hon. Members that the President was very serious about this and it is still his dream and vision that this should happen before he leaves office.

I thank you, Sir.

Mr Speaker: Order! Hon. Members, let me guide the House on this question which has bothered you a great deal.

Noting that there maybe no more than three hon. Members of the House who were a product of  the1991 General Elections, it is possible the hon. Member for Nalolo is referring to the many small ferry points that were there at that time. These were the ferry points which enabled school children to go from one bank of the river to another or to go to clinics, local courts and so on. Those small ferry points which were all over the Republic came under the management of the local councils. The local councils, including those in the Western Province, however, found themselves unable to continue with that facility and closed them all down.

Now, if this matter is still a problem, it is then up to the responsible local councils to reconsider this matter and see if they are now in a position to restore that essential facility. I believe that is what the hon. Member for Nalolo was referring to.

GWEMBE COTTON GINNERY

770. Mr Ntundu (Gwembe) asked the Minister of Commerce, Trade and Industry:

(a) how much money the Government spent to construct the Gwembe Cotton Ginnery;

(b) how much the Ginnery was sold at to LONHRO Cotton Ltd;

(c) how much the Government spent in paying off the Ginnery workers at the time of sale; and

(d) whether terminal benefits were paid to the workers who were laid off.

The Deputy Minister of Commerce, Trade and Industry (Ms Siliya): Mr Speaker, at the point of valuation, the sale of the Gwembe Cotton Ginnery was worth US$3,714,000. The breakdown is as follows:

(i) plant and machinery was valued at US$2,034,000;
(ii) land and building was valued at US$1,564,00; and
(iii) furniture and fittings, vehicles and spares were valued at US$116,000.

Mr Speaker, with regard to part (b) of the question, the Lusaka and Gwembe Ginneries of Lint Company (LINTCO) were sold for a total package of US$6 million. It should be emphasised that LONRHO bought the assets only, excluding the liabilities of LINTCO, which were assumed by the Government. LINTCO was, therefore, not sold as a going concern, mainly due to its insolvency.

Sir, following the sale of the main assets of LINTCO, the board appointed Deloitte & Touch in 1995, to manage the sale of non-core assets and attend to the liabilities of the company before the company could be de-registered.

However, this route was later found to be inappropriate because LINTCO was insolvent to the extent that its liabilities exceeded its assets by far. It was, therefore, recommended that the company be wound up. The shareholders (Government) of LINTCO petitioned the High Court Order to effect a liquidation of the company in 1999, and in September 2000, the High Court granted the order to the shareholders.

Mr Speaker, regarding the issue of terminal benefits, an amount of US$944,622 was paid to the Lusaka and Gwembe employees at the time of privatisation in 1996 and this amount was met from privatisation proceeds. Other liabilities met from the privatisation proceeds such as creditors amounted to US$778,968. The Zambia Privatisation Agency (ZPA) then transferred US$4,274,560 to the Privatisation Revenue Account as net proceeds.

When the employees sued LINTCO for underpayments, and the Supreme Court ruled in their favour in August, 1998, a further amount of K1.3 billion was paid, through funds made available by the Ministry of Finance and National Planning. The court cases, actually, date back to 1992, prior to the privatisation, when LINTCO retrenched about 1,250 employees and paid employees on old conditions of service. The conditions of service were later revised after the said retrenchment, but before payments were made to the employees and this was the basis of their case.

Sir, terminal benefits were paid to the workers who were laid off though payments of judgement debts may not have been exhausted yet.

I thank you, Sir.

Mr Ntundu: Mr Speaker, I would like to find out from the hon. Minister when the Government will finally pay off all the workers who sued LONRHO.

Ms Siliya: Mr Speaker, the unpaid off payments to the workers is being financed through the Ministry of Finance and National Planning. If the hon. Member inquired at the Ministry of Finance and National Planning, they would furnish him with the information on when these payments will be completed.

I thank you, Sir.

CONSTRUCTION OF TOILETS AND PROCUREMENT OF MATTRESSES AT HEALTH CENTRES IN CHIPILI CONSTITUENCY

771. Mr D. Mwila asked the Minister of Health:

(a) when the Government would construct toilets at the Mukonshi Rural Health Centre in Chipili Parliamentary Constituency; and

(b) when mattresses for the Lumina Health Centre in Chipili Parliamentary Constituency would be procured.

The Deputy Minister of Health (Dr Puma): Mr Speaker, the ventilated improved pit latrines at Mukonshi Rural Health Centre in Chipili Parliamentary Constituency will be constructed with community participation in the 3rd quarter of 2007, at an estimated cost of K1,400,000. This is part of a continued effort in rehabilitation of the health centre.

On part (b) of the question, the mattresses for Lumina Rural Health Centre will be procured in the 4th quarter of 2007.

I thank you, Sir

Mr D. Mwila: Mr Speaker, I would like to thank the hon. Minister for the first time since we started sitting. I want to thank you.

Laughter

Mr D. Mwila: Mr Speaker, I would like to find out from the hon. Minister on the toilets which will be constructed in the 3rd quarter of this year. Are the patients going to continue going into the bush to relieve themselves while the ministry is there and can quickly intervene in this matter?

Mr Kambwili: Emergency.

Dr Puma: Mr Speaker, Mukonshi Health Centre is an old centre. As a ministry, through the Poverty Reduction Programme (PRP), we are taking initiatives to improve the centre. Partnering with the community so that we construct the VIP latrines for the health centre is part of the process to improve the centre.

I thank you, Sir.

PERFORMANCE OF HETRO MINING IN ZAMBIA

772. Mr Kambwili asked the Minister of Mines and Minerals Development:

(a) what the performance of Hetro Mining is after the incarceration of its Managing Director; and

(b) what effect this performance has on the Zambian economy and the employees of Hetro Mining.

The Deputy Minister of Mines and Minerals Development (Mr Nkhata): Mr Speaker, the performance of Hetro Mining, from September 2006 to July 2007 which is the period of the incarceration of its Managing Director has affected the company as follows:

(i) loss of production estimated at K53,000 metric tonnes of copper oxide ore;

(ii) failure to continue with the expansion project such as the intended setting up of a leaching plant; and

(iii) reduction in the number of employees who were all on short-term contracts from 586 to seventy-nine.

On part (b), since Hetro Mining’s copper production is not very substantial, it follows therefore, that its contribution to the Zambian economy is not significant. With regard to the effect on the employees, I wish to inform the House that their monthly wages have become erratic due to the poor performance of the company which has resulted in the reduction of the number of employees on short-term contracts from 586 to 79.

I thank you, Sir.

Mr Kambwili: Mr Speaker, I would like to find out from the hon. Minister whether this is not inconsistence because just in this House last week, we were told that Hetro mining has contributed K4 billion in the form of taxes to our economy. How then can he today say their contribution is minimal? I would like to find out whether this is not a sign of inconsistence by this Government.

The Minister of Mines and Minerals Development (Dr Mwansa): Mr Speaker, the question is on the impact of the company’s mining production because of the incarceration of its managing director within the period of September 2006 to July 2007, and we have made it very clear that during that period, the loss is only 53,000 metric tonnes of copper. Therefore, within that period, the contribution was not very significant to the copper industry. That is the answer.

I thank you, Sir.

Mr Chongo (Mwense): Mr Speaker, going by the hon. Minister’s answer where he said the contribution from that mine is very insignificant, can the hon. Minister inform this House that this is probably why the ministry is paying very little attention to small-scale producers of copper?

Dr Mwansa: Mr Speaker, we are not paying little attention to small-scale operators. We have announced in this House before that there are several levels of assistance available from within our ministry and from within facilities provided by the European Union to small-scale miners and we are providing marketing facilities as well as production assistance to small-scale miners. Therefore, we have not neglected them. On the contrary, we are doing a lot to ensure that there is production and marketing of what they produce.

I thank you, Sir.{mospagebreak}

REDUNDANCY TERMINAL BENEFITS OF FORMER EMPLOYEES OF LIMA BANK, UNITED BUS COMPANY OF ZAMBIA, CONTRACT HAULAGE, NITROGEN CHEMICALS OF ZAMBIA, INDECO ESTATES DEVELOPMENT CORPORATION AND ZAMBIAL RAILWAYS

773. Mr Imenda (Lukulu East) asked the Minister of Finance and National Planning when redundancy terminal benefits will be paid to the former employees of the following companies:

(i) Lima Bank;
(ii) United Bus Company of Zambia;
(iii) Contract Haulage;
(iv) Nitrogen Chemicals of Zambia;
(v) INDECO Estates Development Corporation; and 
(vi) Zambia Railways.

The Deputy Minister of Finance and National Planning (Mr Shakafuswa): Mr Speaker, Lima Bank went into voluntary liquidation in 1997. All the ex-employees terminal benefits were fully paid by the liquidator during the course of the liquidation.

The United Bus Company of Zambia was placed under liquidation and all the ex-employees terminal benefits were fully paid by the liquidator according to liquidation laws.

Contract Haulage was put under receivership by the Zambia National Commercial Bank (ZANACO) in 1995. The receivership was then lifted in 2001. Currently, the company is still operating. Therefore, the company is liable to settle any redundancy claims by ex-employees.

Nitrogen Chemicals of Zambia is a parastatal that is still in existence and operating in Kafue. Therefore, the company is liable to settle any redundancy claims by ex-employees.

INDECO Estates Development Corporation and ZIMCO properties has been taken over by the National Housing Authority (NHA) and rationalised with NHA. The institutions still legally exist and therefore, the NHA is liable for terminal benefits claims by ex-employees.

Zambia Railways, Mr Speaker, is still in existence and their operation office is located in Kabwe. All redundancy and terminal benefits that were due ex-employees were paid during the restructuring exercise funded by a World Bank loan.

I thank you, Sir.

Mr Imenda: Mr Speaker, the first three companies; Lima Bank, United Bus Company of Zambia and Contract Haulage have a lot of workers who are hanging around in streets because they are not yet paid. Could the hon. Minister be truthful enough and inform this House when these people will be paid instead of him avoiding the question.

Mr Shakafuswa: Mr Speaker, I would like to share with the House that I got a letter from Ex-Lima Bank employees confirming that they were fully paid, but they have exhausted their money and want to be paid extra.

Now, this is a charge against the Government and we have got competing needs. Therefore, Lima Bank and United Bus Company of Zambia employees were paid in full, according to the liquidation laws. The liquidation was done and everyone was paid. If there is any claim, we can help these employees by taking them to these companies which are operating now, and make sure that these companies help liquidate their debts. We cannot be passing debts over to the Government because at the end of the day, we will fail to operate.

I thank you, Sir.

THE SALE OF NUMBER SEVEN SHAFT IN KALULUSHI

774. Simama (Kalulushi) asked the hon. Minister of Mines and Minerals Development:

(a) how much the Number Seven Shaft in Kalulushi was sold for by Chibuluma Mine Plc; and

(b) whether the Government benefited from the sale of the Number Seven Shaft by Chibuluma Mine Plc and, if so, by how much.

The Deputy Minister of Mines and Minerals Development (Mr M. Mwale): Mr Speaker, I would like to inform the House that the Number Seven Shaft in Kalulushi has not been sold by Chibuluma Mines Plc. However, there is a buyer who has shown interest in buying the head gear and has offered US$300,000. Negotiations between the buyer and Chibuluma Mines Plc. are yet to be concluded.

Sir, as regards part (b) of the question, the Government has 15 per cent shares in Chibuluma Mines Plc, held by ZCCM Investments Holdings Plc. It, therefore, follows that when the Number Seven Shaft is sold, the Government will benefit from the sale through dividends that may be declared by the company.

Mr Speaker, the Government will also benefit from increased income of the company through Co-operate Income Tax.

I thank you, Sir.

Mr Simama: Mr Speaker, why has the hon. Minister said that the Number Seven Shaft in Chibuluma has not yet been sold and yet, the site for the mine offices was sold to a mining company? All the shades were sold to the scrap metal dealers, and the water pumps from the mine were removed. Since the mine has been filled with water, how are they going to sell it? Can the hon. Minister assure the House that the mine is not sold?

Mr M. Mwale: Mr Speaker, I would like to assure the hon. Member of Parliament who is so passionately debating about the mine in his constituency that the ministry is fully aware of what is happening at Chibuluma Mines, Plc. We are also fully aware of the mining company which is interested in the assets that were owned by Chibuluma Mine Plc. When the negotiations are concluded, the House will be equally informed.

I thank you, Sir.

Mr D. Mwila: Mr Speaker, the Number Seven Shaft was sold to Metorex Mining Plc. I would like to find out the economic benefit to the community with regard to job creation.

Mr Speaker: Order! Hon. Minister of Mines and Minerals Development, has this Shaft been sold or not?

Dr Mwansa: Mr Speaker, the Shaft in question has not been sold. What is on the ground is that somebody has shown interest in buying the head gear. The offer price is US$300,000, but they are still negotiating the offer price. They have not sold this particular facility. This amount is an offer price. There is going to be some negotiations. It may go higher than US$300,000. That is the position.

I thank you, Sir.

REVENUE COLLECTION IN MARKETS AND BUS STATIONS

775. Mr Malama (Mfuwe) asked the hon. Minister of Local Government and Housing:

(a) how much revenue was collected from the following places in 2006:

(i) Lusaka Intercity Bus Terminus;
(ii) Lusaka City Market; and
(iii) Soweto Market in Lusaka; and

(b) how much of the revenue above was remitted to Lusaka City Council.

The Deputy Minister of Local Government and Housing (Mr Kazonga): Mr Speaker, I wish to inform this august House that K5,110,059,000 was collected from Lusaka Intercity Bus Terminus in the year 2006. K5,135,689,340 was collected from the Lusaka City Market in the year 2006. Lusaka City Council did not collect any revenue from Soweto Market in the same year because the Soweto Market Committee used the revenue to pay for the refuse collection and general cleaning of the market. During the same period, the Soweto Market Committee collected K178,239,552, and paid out expenses amounting to K172,023,463, leaving a balance of K6,216,089, in the Bank account.

Sir, the Lusaka City Council received K600 million from Lusaka Intercity Bus Terminus, and K236 million from Lusaka City Market in the year 2006.

I thank you, Sir.

Mr Malama: Mr Speaker, having been informed by the hon. Minister of Local and Housing about the revenues collected in 2006, I would like to find out when the ministry will improve the environment, and extend the Intercity Bus Terminus. With regard to Soweto Market, when will the ministry start laying concretes for marketers in order for them to stop displaying their goods on mud during the rainy season?

The Minister of Local Government and Housing (Mrs Masebo): Mr Speaker, I will only answer the last part of the question.

The Soweto Market construction is underway. We were hoping that the market would be ready by July this year, but due to logistical problems such as shortage of cement and other requirements, we were unable to complete the construction. The market will be completed before December this year, and we hope that by doing this, we would have assisted the problem of marketers displaying their merchandise on mats.

I thank you, Sir.

Mr Mushili (Ndola Central): Mr Speaker, of this substantial amount realised from the Inter-City Bus Terminus as well as Soweto Market, how much has been ploughed back in those respective areas to improve the services and infrastructure?

Mrs Masebo: Mr Speaker, I do not have an answer as such for now because I would not know exactly how much. However, going by how much has been given to the local authorities, what this means is that the whole balance has remained with the management of that particular utility, in this case, the Inter-City Bus Terminus. It is assumed that all that money has gone towards paying salaries for their workers and rehabilitating and improving that particular facility.

I thank you, Sir.

Mr Speaker: Before the House continues, I would like to call on all those hon. Members to consult, with so to say, low voices and those who are laughing are causing more trouble for the proceedings of the House. Do not laugh, participate. Otherwise, we cannot understand ourselves.

Dr Scott (Lusaka Central): Thank you, Mr Speaker, for that guidance and for recognising me.

I would like to ask the hon. Minister to make it clear, exactly, who is supposedly operating and making management decisions in this case. Let us be specific on the Lusaka Inter-City Bus Terminus, because the figures given for the total revenues for last year for this institution were well over K5 billion and the figure quoted as remitted to the Lusaka City Council, if I heard correctly, was only K600 million. Late last year, the City Council on an understanding with the Ministry of Local Government and Housing, took a very controversial decision of increasing the charges for long distance buses passing through that terminus in the fair expectation that revenues would go up from a monthly fee. This is revenue received now by the council from K50 million to K250 million, which is not transpired because the ministry apparently is interfering with the remittances of this money. Can she, please, clarify for us what the situation really is since we have her now to answer the question?

Mrs Masebo: Mr Speaker, firstly, I would like to say that the issue of raising fees and charges at the Inter-City Market is currently a function of the Inter-City Bus Terminus. It is a function of the management there who ordinarily would refer the issue to the council for them to take into account their budget needs. What happened, in particular to the issue that the hon. Member has raised, is that the Lusaka City Council, working with the Inter-City Bus Terminus, after the councillors toured the Inter-City Bus Terminus, agreed that there was a need for them to increase the charges on long distance bus operators who were making use of that facility. I think that the management at the terminus convinced the councillors who went ahead to include that in their budget as revenue that would accrue to them as a result of that decision.

Then, of course, one of the bus operators who also had an interest complained to the PF Secretariat that this is our council which we run and now they have increased bus fares and we will be adversely affected. We do not think this is justifiable. Arising from that complaint, the PF Secretariat, through their President, issued a statement to the effect that the increase would not stand since they were in charge of Local Government or councils. They went back to the council to direct the council to reduce the fares.

Now, I think this question is coming, Mr Speaker, to try and find out who is in charge of what and who is supposed to do what and I would like to use this opportunity to explain to our colleagues so that we do not have unnecessary friction in the future.

The role of local authorities is through the councillors who make decisions and hon. Members are part of that decision-making process. Indeed, at their level, they have the right to increase or decrease fares as long as it is in the best interest of the people they are serving and, of course, their institution. Their decisions should not be clouded just for political mileage even when they know they are doing harm to their own institution. I think, in this case, this is what it was. I think the Lusaka City councillors felt that they were convinced that there was a need to increase the bus fares. Unfortunately for them, even if the council had decided to reduce the fares, if the hon. Minister, by law, who is supposed to approve the budget, decides that should be the fee, we were going to maintain that fee.

I thought that the hon. Member must understand that there is a role that Central Government plays in the management of local authorities. That is why we call them babies or creatures of the Central Government and it is not possible for a partner who is at the branch level to think that they can run the Government, no. They are just partners in development.

Mr Sichilima: Bwekeshapo.

Mrs Masebo: To answer his question specifically …

Dr Scott: Where is the money?

Mrs Masebo: With Regard to the moneys that are collected at all these institutions, the utility companies, there is an agreement among the Lusaka City Council, the ministry and that particular management on how much of that money they receive should go to the council and how much should remain at that institution for their operations. My answer to the question is that the management, working with the Lusaka City Council and the department under my ministry, have an agreement and the hon. Member is represented through his council. He may get that information from his Town Clerk or one of his Directors who sits on the board of that council.

I thank you, Sir.

Mr Simama: Mr Speaker, I would like to find out from the hon. Minister whether party cadres have stopped taxing marketers and bus drivers.

Mrs Masebo: Mr Speaker, at the moment, we have not received any information to the effect that cadres are collecting any money. We have heard, in the past, about these stories and the position of the Government has been made very clear on that matter. This is why this House has to come up with a Market and Bus Stations Bill. It is basically to remove any attempt by any organisation, be it political or not, from collecting levies from the markets. These are difficult issues that require all of us to work together. If we politicise issues, then it becomes very difficult.

I thank you, Sir.

Mr Nkombo (Mazabuka): Mr Speaker, I have a two-fold question to the hon. Minister of Local Government and Housing. In his response to the hon. Member of Parliament for Mfuwe’s question, the hon. Deputy Minister indicated that Soweto Market, which is the country’s largest market, in 2006, only earned K178 million. The hon. Minister went on to tell the House that this money was used by the Market Committee for refuse collection to keep Lusaka clean. My simple calculation tells me that K178 million over a period of twelve months translates into K16 million per month which is K533, 000 per day. Is it reasonable for a market of Soweto’s magnitude to earn a daily income of only K533,000?

Mrs Masebo: Mr Speaker, that is a very good question. Soweto Market, which is said to be the biggest market in the country, is divided into two parts. There is the Lusaka City Market which is well established and has a management board in place and this earned us about K5 billion and could even earn more if we streamlined its operations. Then there is Soweto Market which is the open space where people trade in the mud and have made make-shift stands. This is where we are trying to put up a new market under the same name. We have moved the traders from there and some have even gone on the streets and we are trying to relocate others to the Esaq shed whilst we are completing the market.

You will note that it is because of the construction of the new market that incomes are low. After we moved the traders to pave way for the construction of the new market, levies have not been collected in an efficient manner. Even the revenue collected that we have mentioned, was put together by the traders for the purpose of collecting garbage. In December, when the new market is complete and the traders move back, revenue collection might go up to K10 billion or more.

So, Lusaka City Market and Soweto Market are two different trading places with the former being well organised and the latter having no proper management. Therefore, the figures for levies collected are correct.

I thank you, Sir.

SINKING OF BOREHOLES AT CHIEFS’ PALACES IN MWENSE DISTRICT

776. Mr D. Mwila asked the Minister of Local Government and Housing when the Government would sink boreholes at Chiefs’ palaces in Mwense District.

Mr Kazonga: Mr Speaker, I wish to respond that the Ministry of Local Government and Housing, through the National Rural Water Supply and Sanitation Programme (NRWSSP), will begin constructing water points at Chiefs’ palaces in Mwense District during the Annual Work Plan of 2008 to 2009.

I thank you, Sir.

ADMINISTRATION OF SHANGOMBO DISTRICT FROM SENANGA

777. Mr Mwangala asked the Minister Community Development and Social Services:

(a) when Shangombo District office in Senanga would shift to Shangombo;

(b) what the effects of administering Shangombo from Senanga are on the delivery of community services to the people; and

(c) when the Ministry will provide transport to the Community Development and Social Welfare Departments in Shangombo District.

The Deputy Minister of Community Development and Social Services (Mr Muchima): Mr Speaker, the response to the hon. Member’s question is as follows:

Currently, my ministry has two main departments operating at district level in Shangombo. These are the Departments of Community Development and Social Welfare. For the Department of Community Development, there is an officer operating in Shangombo already. However, supporting staff to this officer are facing accommodation problems to move from Senanga to Shangombo. The Department of Social Welfare is also facing office and accommodation shortages for the District Social Welfare Officer to move from Senanga to Shangombo. As a ministry, we would like a situation where Government officers for Shangombo and other districts in a similar situation, live and operate in the respective areas. In this regard, the Government will strive to resolve the problem of accommodation affecting all newly designated districts.

As regard to part (b) of the question, generally, service delivery in Shangombo has been affected negatively as a result of the non-availability of officers due to lack of accommodation.

As for part (c) of the question, the ministry appreciates the need for transport and provided a motorbike to the district in 2004. The ministry endeavours to provide more appropriate transport as soon as funds are made available.

I thank you, Sir.

Mr Mwangala: Mr Speaker, is the hon. Minister aware that making an officer commute between Senanga and Shangombo, which is a distance of about 250 kilometres, without transport, is defeating the Government policy of fighting poverty in Shangombo. This can result in the misinterpretation of the Government’s policy by the people in the area.

The Minister of Community Development and Social Services (Ms Namugala): Mr Speaker, the hon. Deputy Minister has indicated that as Government we are aware of the difficulties that our officers face when they have to commute from one district to another and it is our hope that we will be able to provide accommodation in future so that the officers live in the districts where they operate.

I thank you, Sir.

Mr Chisala (Chilubi): Mr Speaker, could the hon. Minister state the reasons for the non-equipment of the district social welfare officers in certain districts such as Chilubi.

Mr Speaker: The Hon. Minister will stick to question No. 777 and therefore, I think that is irrelevant.{mospagebreak}

CHIEF CHIWANANGALA’S SPECIAL WALKING STICK

779. Mr Chisala asked the Minister of Local Government and Housing when the Government would give back the special walking stick to Chief Chiwanangala of Chilubi District.

Mr Kazonga: Mr Speaker, I wish to inform this august House that investigations into the disappearance of the walking stick for Chief Chiwanangala revealed that the walking stick was lost by the current chief himself. In view of this, the Government is not in a position to replace the chief’s walking stick as the chief himself should make the necessary arrangements to have his walking stick replaced.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Chisala: Mr Speaker, since a walking stick is a symbol of authority for a chief, can the hon. Minister reconsider her decision?

Mrs Masebo: Mr Speaker, I will refer the matter to the House of Chiefs.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Hachipuka (Mbabala): Mr Speaker, could the hon. Minister indicate what special instruments signify that a person is a chief?

Mrs Masebo: Mr Speaker, the recognition by His Excellency, the President through the issuance of the Statutory Instrument in accordance with the law, as well as the official date stamp that is issued to the Royal Highnesses signify that a person is chief.

I thank you, Sir.

Mr Muntanga: Mr Speaker, may the hon. Minister clarify whether it is the responsibility of the ministry to issue walking sticks to whoever becomes a chief?

Laughter

Mrs Masebo: Mr Speaker, my ministry is responsible for Chiefs’ Affairs. The definition of Chiefs’ Affairs and whether that includes walking sticks is for each chief to determine where, how and at what point the Government should come in. I note that some chiefs have certain items that symbolise their identity and authority. Some of these are very traditional in a manner that the Government sometimes might find difficult to get involved because they would include going to sleep at a grave site to find a stick. In such circumstances, the Government cannot help. If it requires some modern way of spending resources, maybe, the Government can help. If one has to see a witch doctor to sleep at a grave site, it is difficult for the Government to get involved.

I thank you, Sir.

BWANA MKUBWA MINE COPPER ORE LOSS

781. Mr Kambwili asked the Minister of Mines and Minerals Development how much loss was incurred by the Bwana Mkubwa Mine in Ndola as a result of the border ban of the export of copper ore by the Democratic Republic of Congo in March/April, 2007.

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.

Mr M. Mwale: Mr Speaker, before business was suspended, I was answering the question raised by Hon. Kambwili.

In response, the House may wish to know that a total of US$15.6 million was incurred as loss in copper production as a result of the ban on the export of copper ore by the Democratic Republic of Congo from 8th March to 2nd April, 2007.

The House may wish to know that the loss was due to the fact that First Quantum Minerals, which owns Bwana Mkubwa Mine, also operates Lonshi Mine on the Democratic Republic of Congo side and uses Bwana Mkubwa facilities to process the copper ore. Therefore, when there was a ban on the export of copper ore, it affected Bwana Mkubwa copper production resulting in the above stated loss.

I thank you, Sir.

Mr Kambwili: Mr Speaker, in view of the fact that the Congo is not stable, is the hon. Minister of Mines and Minerals Development thinking of allocating a mining area where Bwana Mkubwa can do the actual mining instead of depending on the ore from the Democratic Republic of Congo to prevent such losses in future?

Dr Mwansa: Mr Speaker, we do not believe that the Democratic Republic of Congo is unstable. However, the question is very important in that the long-term interests of this company, First Quantum, Bwana Mkubwa operations, have their own dedicated source of ore within our borders. To this extent, we have just approved a large-scale mining licence and we are also considering giving them another prospecting licence to guarantee the source of ore within our borders. We are considering that question very seriously.

I thank you, Sir.

IMPROVING ACADEMIC PERFORMANCE IN POORLY PERFORMING SCHOOLS
782. Mr Imenda asked the Minister of Education:

(a) what measures had been taken to improve the academic performance of the schools with a poor record of academic performance; and

(b) what reasons had been identified for poor academic performance by those schools.

Ms Changwe: Mr Speaker, the ministry has taken a number of measures to improve academic performance in some of the schools with a poor record of performance by doing the following:

(i) Standard Officers from Headquarters and the Province have visited such schools to find out the cause of poor performance and take remedial measures on the spot;

(ii)  Standard Officers in conjunction with District Resource Centres have mounted seminars for teachers and administrators of such schools on how to improve performance;

(iii) provision of education materials such as text books, equipment, tools and other materials that are needed in schools;

(iv) the ministry has continued to deploy teachers in needy schools;

(v) Chalimbana Teachers’ College is being revamped to provide managerial skills to school administrators;

(vi) reducing distances from schools by building schools closer to the community;

(vii) building of weekly boarding facilities in some schools where pupils cover long distances to school;

(viii) the ministry has continued to sensitise communities on the negative impact of some of the traditional and cultural ceremonies and beliefs, especially towards the girl child;

(ix) the ministry has taken on the Schools Feeding Programme under the School Health and Nutrition to provide meals to pupils in agricultural deficit areas; and

(x) the ministry has continued to sensitise communities through the parents’ teachers’ associations and education boards to ensure that schools are accountable to the community in which they are located. The accountability includes school performance.

In answer to part (b) of the question, a number of reasons for poor academic performance in some of our schools have been attributed to the following:

(i) poor school management and administration;

(ii) unqualified teachers handling grades they were not trained to handle;

(iii) insufficient teachers in schools;

(iv) tradition and cultural interference emanating from observance of some of our traditional ceremonies and cultural beliefs;

(v) inadequate teaching and learning materials;

(vi) lack of motivation for teachers especially those that teach in remote rural areas;

(vii) poverty and HIV; and lastly

(viii) long distances to schools.

I thank you, Sir.

Mr Imenda: Mr Speaker, whilst I appreciate the response given, I would like to find out whether or not the hon. Minister is aware that the Western, North-Western and Luapula provinces have been at the bottom of the academic league for over a decade now. Why is the Government perpetrating the marginalisation of children from the regions-in-question by not coming up with a deliberate policy of updating their academic standards?

Ms Changwe: Mr Speaker, as I have already stated in the written answer, the reasons for poor performance cut across all provinces. However, we are aware, as a ministry, of the provinces that the hon. Member has cited. I would like to correct him by stating that it is actually the Luapula Province that is lagging behind in terms of performance. That is the province that has the lowest performance levels.

The ministry is in the process of putting in place deliberate measures, where Technical Committees, have been set up in each province to look into the academic performance and also at how that performance can be improved at the provincial level.

I thank you, Sir.

Mr Ngoma (Sinda): Mr Speaker, the hon. Minister has mentioned the fact that one of the reasons for poor performance is the utilisation of untrained teachers. On the other hand, many untrained teachers are currently being employed by communities and schools. What is the Government’s position regarding these untrained teachers who are lowering the performance of pupils in schools?

Ms Changwe: Mr Speaker, it is not policy, under the Ministry of Education, to have unqualified or untrained teachers. When I talked about unqualified teachers, I was talking about teachers who are, perhaps, trained at Nkrumah or the Copperbelt Secondary Teachers College (COSETCO), but are handling senior classes when those two colleges are meant to train teachers to handle grades eight and nine only.

The untrained teachers the hon. Member is talking about are mostly in community schools. For these schools, a Memorandum of Understanding was signed with the stakeholders at that time and it was agreed that communities could look around for teachers who could help whilst the Ministry of Education would also provide qualified teachers where it could.

Therefore, it is not in the public schools where we have untrained teachers. The problem in public schools is the issue of unqualified teachers. Untrained teachers are found in community schools. We hope to eradicate the use of them once we have been given authority by the Public Service Management Division to employ more teachers.

 I thank you, Sir.

______ {mospagebreak}

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the Chair]

THE TRADES LICENSING (Amendment) BILL, 2007

Clause 1 ordered to stand part of the Bill.

Clause 2 – (Amendment of Section 2)

The Minister of Justice (Mr Kunda, SC.): Mr Chairman, I beg to move that Clause 2, be amended by the deletion of the word “in” before the words “the definition of” and the substitution therefor of the words “of”.

Amendment agreed to. Clause amended accordingly.

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

Clause 3 ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

CLAUSE 5 – (Insertion of new Section 5A)

Mr Kunda, SC.: Mr Chairman, I beg to move that Clause 5 be amended by the deletion of the words “specified period” and the substitution of the words “period not exceeding one year”.

Amendment agreed to. Clause amended accordingly.

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

Clauses 6, 7, 8, 9 and 10 ordered to stand part of the Bill.

CLAUSE 11 –  (Amendment of section 13)

Mr Kunda, SC.: Mr Chairman, I beg to move an amendment in Clause 11, on page 6, in line 34, by the deletion of the words “specified period“ and the substitution therefor of the words “period not exceeding one year“.

Amendment agreed to. Clause amended accordingly.

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

Clause 12 and 13 ordered to stand part of the Bill.

CLAUSE 14 – (Repeal and replacement of section 21)

Mr Kunda, SC.: Mr Chairman, I beg to move an amendment in Clause 14, on page 7 as follows:

(a) in lines 11 and 12, by the deletion of the words “and is accompanied by a police officer“;

(b) in line13, by the deletion of the words “inspector and the police officer’s identity and authority“ and the substitution therefor of the words “inspector’s identity“; and

(c) in line 39, by the deletion of the words “a police officer or“ and the substitution therefor of the word “an’.

Amendment agreed to. Clause amended accordingly.

Clause 14, as amended, ordered to stand part of the Bill.

Clause 15 ordered to stand part of the Bill.

CLAUSE 16 – (Insertion of new section 27A)

Mr Kunda, SC.: Mr Chairman, I beg to move an amendment in Clause 16, on page 8, in line 11, by the insertion of the words subject to subsection (1) of the section twenty-one of the Citizens’ Economic Empowerment Act, 2006, after the words “The Minister may“.

I thank you, Sir.

Mr Lubinda (Kabwata): Sir, first of all, I would like to commend the hon. Minister for moving, all the amendments that the Committee on Economic Affairs and Labour proposed in principle. Nonetheless, I think that this amendment might be out of context. I suppose the Committee on Economic Affairs must have been misunderstood because it made a recommendation that this Bill must not make the Trade Licensing Act have any reference to the Citizens’ Economic Empowerment Act. If that is done, then the intention of the Bill to provide for non-Zambians not to operate in markets will be defeated because the Citizens’ Economic Empowerment Act provides very clearly that the hon. Minister may only reserve after His Excellency the President prescribes.

As things are, the Ministry of Commerce, Trade and Industry has not even carried out a full conclusive study on the areas that His Excellency the President shall prescribe. Putting it in this fashion would mean that the hon. Minister of Commerce, Trade and Industry would be challenged because His Excellency the President has not been given the opportunity to prescribe.

Mr Chairman, the Committee is in total agreement with the intention of the Bill. However, we would not like to have a Bill that is making reference to another Act, hence trapping itself. In which case, I would like to propose to the hon. Minister of Justice that he considers withdrawing that amendment because bringing it in force, contradicts the intention of this Bill.

Mr Kunda, SC.: Sir, according to what the committee recommended, and which I feel is reasonable, is that the Citizens’ Economic Empowerment Act (CEEA) should be read with this Bill so that in reserving places in which Zambians can operate, there must be close referencing between the two Bills. Therefore, this particular amendment is still in order.

I thank you, Sir.

Mr Lubinda: Mr Chairman, it is clear that what the hon. Minister is aiming at is exactly what the Committee on Economic Affairs is also aiming at.  Save for the fact that the proposed amendment, if I may go through it, says by the insertion of the words, and I quote:

“subject to Subsection (1) of Section 21 of the Citizens’ Economic Empowerment Act, 2006.”

What that means therefore, is that this law cannot be implemented until the provisions of Subsection 1 of Section 21 of the CEEA, 2006 are provided for. Now, the point we are making is the condition that being attached here has not yet been met. His Excellency the President has not yet prescribed and because of that, it means that the hon. Minister cannot reserve.

What we propose is that this should stand alone without making reference to that conditionality because that will mean that it will delay reservation of markets for Zambians. Our intention is that the moment His Excellency the President assents to this amendment, the Zambians must be given preference in trading in markets without having to wait for the Ministry of Commerce, Trade and Industry to fulfil the conditions provided for at Subsection 1 of Section 21 of the Citizens Economic Empowerment Act of 2006.

We hope that we do not procrastinate in coming up with this very important provision to safeguard the interests of Zambians.

Mr Kunda, SC.: Mr Chairman, I am not comfortable with that. What we are doing is harmonising the two laws. The issue of whether His Excellency the President is going to move fast or not is administrative. We would like to facilitate the implementation of this law. Therefore, the question of saying it will delay is speculation.

I thank you, Sir.

Amendment agreed to. Clause amended accordingly.

Clause 16, as amended, ordered to stand part of the Bill.

CLAUSE – 17 (Amendment of section 29)

Mr Kunda, SC.: Mr Chairman, I beg to move an amendment in Clause 17, on page 8, lines 24 to 35, by the deletion of sub-clauses (5) (1),(2), and (3) and the substitution therefor of the following sub-clauses:
 
(5) Any company or individual who, for purposes of obtaining a licence under this Act, engages in fronting commits an offence and shall be liable, on conviction-

(a) in the case of an individual, to a fine not exceeding two hundred thousand penalty units, or to imprisonment for a term not exceeding three years, or to both; or

(b) in the case of a company, to a fine not exceeding five hundred thousand penalty units.

(6) Where at the trial of an individual or company for fronting, it is proved to the satisfaction of the Court that the company or individual was engaged in fronting for purposes of obtaining a licence under this Act, the Court shall, in addition to the penalty specified in subsection (5), order that the individual or company shall be permanently barred from obtaining a licence under this Act.

(7) Where a company is convicted of an offence under this section, every director and senior officer of the company shall, on conviction, be liable as if such director or senior officer had personally committed the offence, unless the director or senior officer proves to the satisfaction of the Court that the act constituting an offence under this section, was done without the knowledge, consent or connivance of that director or senior officer, or that the director or senior officer took sufficient steps to prevent the commission of the offence.

(8) For the purposes of this section, ‘fronting’ includes an act where a person holds out as a de facto director or shareholder in a company in order to hide the true identity of the director or shareholder of that company.

Amendment agreed to. Clause amended accordingly.

Clause 17 as amended, ordered to stand part of the Bill.

Title agreed to.

PLANT BREEDER’S RIGHTS BILL, 2007

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

Title agreed to.

Hon. Members: Hear, hear!

THE PARLIAMENTARY AND MINISTERIAL CODE OF CONDUCT (Amendment) BILL, 2007

Clause 1 ordered to stand part of the Bill.

CLAUSE - 2 (Amendment of Section 2)

Mr Kunda, SC.: Mr Speaker, I beg to move an amendment in Clause 2, on page 3, in line 6, by the deletion of the word “in” before the words “the definition of” and substitution therefor of the word “of”.

I thank you, Sir.

Amendment agreed to. Clause amended accordingly.

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

Clause 3 ordered to stand part of the Bill.

Title agreed to.

THE MATRIMONIAL CAUSES BILL, 2007

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretation)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 2 as follows:

(a) on page 7, in line 10, by the deletion of the definition of “crime”

(b) on page 8, in line 38 by the deletion of the word “six” and the substitution therefor of the word “four”.

I thank you, Sir.

Amendment agreed to. Clause amended accordingly.

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

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

CLAUSE 8 – (Grounds for Divorce)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 8, on page 11, in lines 11 to 24 by the deletion of Clause 8 and the substitution therefor of the following clause:

Grounds for Divorce 8. A petition for divorce may be presented to the Court by either party to a marriage on the ground that the marriage has broken down irretrievably.

Amendment agreed to. Clause amended accordingly.

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

CLAUSE 9 – (Proof of Breakdown of Marriage)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 9, on page 11, in line 25 by the deletion of the words “paragraph (a) of”;

Amendment agreed to. Clause amended accordingly.

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

Clauses 10, 11 and 12 ordered to stand part of the Bill.

CLAUSE 13 – (Unreasonable Behaviour)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 13, on page 13, in line 23 by the insertion of the word “of” after the words “subsection (1)”.

Amendment agreed to. Clause amended accordingly.

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

Clauses 14 and 15 ordered to stand part of the Bill.

CLAUSE 16 – (Consent in Two Year Separation)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 16, on page 14, in line 12 by the deletion of the words “subsection (2)” and the substitution therefor of the words “subsection (1)”.

Amendment agreed to. Clause amended accordingly.

Clause 16, as amended, ordered to stand part of the Bill.

CLAUSE 17 – (Meaning of Separation)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment ...

Interruptions

The Deputy Chairperson: Order! Hon. Members, we are considering serious matters here. If you have to consult, do so quietly without disturbing the flow of debate.

Mr Kunda, SC.: … in Clause 17, on page 14:

(a) in line 20 by the deletion of “(f)” after the words “paragraphs (d) and” and the substitution therefor of “(e)”;

(b) in line 25 by the deletion of the words “subsection (2)” and the substitution therefor of the words “subsection (1)”.

Amendment agreed to. Clause amended accordingly.

Clause 17, as amended, ordered to stand part of the Bill.

CLAUSE 18 – (Refusal of Decree in Five Year Cases on Ground of Grave Hardship to Respondent)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 18:

(a) on page 14, in line 41 by the deletion of the words “subsection (2)” and the substitution therefor of the words “subsection (1)”;

(b) on page 15, in line 6 by the insertion of the word “the” before the word “opinion”.

Amendment agreed to. Clause amended accordingly.

Clause 18, as amended, ordered to stand part of the Bill.

CLAUSE 19 – (Restriction on Dissolution of Marriage on Ground of Insanity)

Mr Kunda, SC.: Mr Chairperson, I beg to move that Clause 19, on page 15, in lines 14 to 18 by the deletion of Clause 19.

Question that Clause 19 be deleted and agreed to.

Clause accordingly deleted.

CLAUSE 20 – (Aggregation of Concurrent Sentences)

Mr Kunda, SC.: Mr Chairperson, I beg to move that Clause 20 on page 15, in lines 19 to 31 by the deletion of Clause 20.

Question that Clause 20 be deleted agreed to.

Clause accordingly deleted.

CLAUSE 21 – (Effect of Resumption of Cohabitation)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 21 to 107, on pages 15 to 57 by the renumbering of Clauses 21 to 107 as Clauses 19 to 105, respectively.

Amendment agreed to. Clause amended accordingly.

Clause 21, as amended, ordered to stand part of the Bill.

Clause 22 ordered to stand part of the Bill.

CLAUSE 23 – (Discretionary Bars)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 23, on page 16, in lines 5 and 6 by the deletion of the words “a ground specified in any of paragraphs (a) to (d) of” and the substitution therefor of the words “the ground specified in”.

Amendment agreed to. Clause amended accordingly.

Clause 23, as amended, ordered to stand part of the Bill.

Clauses 24, 25, 26, 27, 28 and 29 ordered to stand part of the Bill.

CLAUSE 30 – (Prohibited Degrees of Consanguinity and Affinity)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 30, on page 18, in line 31, by the deletion of the word “twenty-nine” and the substitution therefor of the word “twenty-seven”.

Amendment agreed to. Clause amended accordingly.

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

Clause 31 ordered to stand part of the Bill.

CLAUSE 32 – (Bars to Relief where Marriage is Voidable)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 32, on page 19, in lines 26 and 31, by the deletion of the word “thirty-one” and the substitution therefor of the word “twenty-nine”.

Amendment agreed to. Clause amended accordingly.

Clause 32, as amended, ordered to stand part of the Bill.

CLAUSE 33 – (Incapacity to Consummate Marriage)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 33, on page 19, in line 37, by the deletion of the word “thirty-one” and the substitution therefor of the word “twenty-nine”.

Amendment agreed to. Clause amended accordingly.

Clause 33, as amended, ordered to stand part of the Bill.

CLAUSE 34 – (Application of Sections 43 and 45 to Nullity Proceedings)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 34, on page 20,

(a) in line 7

by the deletion of the words “forty-three and forty-five” and the substitution therefor of the words “forty-one and forty-three”;
 
(b) in lines 8 and 9

by the deletion of the words “a those proceedings” immediately after
the word “reference”. And the substitution therefor of the words “in
those provisions”

Amendment agreed to. Clause amended accordingly.

Clause 34, as amended, ordered to stand part of the Bill.

Clause 35 ordered to stand part of the Bill.

CLAUSE 36 – (Grounds for Judicial Separation)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 36, on page 21, in line 1, by the deletion of the words “twenty-seven and twenty-eight” and the substitution therefor of the words “twenty-five and twenty-six”.

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 – (Decree Absolute where Children under Eighteen Years, etc.)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 44, on page 22, in lines 25 and 33, by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-one”.

Amendment agreed to. Clause amended accordingly.

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

CLAUSE 45 – (When Decree Becomes Absolute)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in clause 45, on page 23,

(a) in line 20

by the deletion of the word “forty-four” and the substitution therefor of the word “forty-two”;

(b) in lines 23 and 24

by the deletion of the words “forty-eight, forty-nine, fifty or fifty-one”
and the substitution therefor of the words “forty-six, forty-seven, forty-eight or forty-nine”.

Amendment agreed to. Clause amended accordingly.

Clause 45, as amended, ordered to stand part of the Bill.

Clause 46 ordered to stand part of the Bill.

CLAUSE 47 – (Proceedings after Decree Nisi)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 47, on page 24, in line 5, by the deletion of the word “eighty-two” and the substitution therefor of the word “eighty”.

Amendment agreed to. Clause amended accordingly.

Clause 47, as amended, ordered to stand part of the Bill.

Clause 48 ordered to stand part of the Bill.

CLAUSE 49 – (Rescission of Decree Nisi on ground of Fraud, etc.)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 49, on page 24, in line 30 by the insertion of the words “any person who is not” immediately after the words “application of”.

Amendment agreed to. Clause amended accordingly.

Clause 49, as amended, ordered to stand part of the Bill.

Clauses 50, 51, 52, 53, 54 and 55 ordered to stand part of the Bill.

CLAUSE 56 – (General Powers of Court)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 56, on page 26, in line 36 by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-one”.

Amendment agreed to. Clause amended accordingly.

Clause 56, as amended, ordered to stand part of the Bill.

CLAUSE 57 – (Property Adjustment Orders in Connection with Divorce Proceedings, etc.)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 57, on page 28

(a) in line 28

by the deletion of the word “eighteen” and the substitution therefor 
of the word “twenty-one”;

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

Amendment agreed to. Clause amended accordingly.

Clause 57, as amended, ordered to stand part of the Bill.

CLAUSE 58 – (Powers of Court in Maintenance Proceedings)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 58,

(a) on page 29

(i) in line 31

   by the deletion of the word “fifty-six” and the substitution
   therefor of the word “fifty-four”

(ii) in line 32

by the deletion of the words “fifty-six and fifty-seven” and the
substitution therefor of the words “fifty-four and fifty-five”
respectively; and
 
(b) on page 30, in lines 15 and 16

by the deletion of the word “fifty-six” and the substitution therefor of 
the word “fifty-four”.

Amendment agreed to. Clause amended accordingly.

Clause 58, as amended, ordered to stand part of the Bill.

CLAUSE 59 – (Commencement of Proceedings for Ancillary Relief, etc.)

Mr Kunda, SC.: Mr Chairperson, I beg to move an amendment in Clause 59, on page 30, in lines 32 and 33 by the deletion of the words “fifty-four, fifty-six and fifty-seven” and the substitution therefor of the words “fifty-two, fifty-four and fifty-five” respectively.

Amendment agreed to. Clause amended accordingly.

Clause 59, as amended, ordered to stand part of the Bill.

CLAUSE 60 – (Neglect by Party to Marriage to Maintain other Party or Child of        Family)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

In Clause 60, on page 32

(a) in line 4

by the deletion of the word “fifty-eight” and the substitution therefor of the word “fifty-six”;

(b) in line 41

by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-one”.

Amendment agreed to. Clause amended accordingly.

Clause 60, as amended, ordered to stand part of the Bill.

Clause 61 ordered to stand part of the Bill.

CLAUSE 62 – (Duration of Periodical Payment Orders for Children of Family)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) in line 3

by the deletion of the word “fifty-seven” and the substitution therefor of the word “fifty-five”;

(b) in line 4

by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-one”;

(c) in line 9

by the deletion of the word “eighteenth” and the substitution therefor of the word “twenty-first”; and

(d) in line 10

by the insertion  of the words “who has attained the age of twenty-one, but is                                  below the age of twenty-five” after the words “of a child”.

Amendment agreed to. Clause amended accordingly.

Clause 62, as amended, ordered to stand part of the Bill.

Clause 63 ordered to stand part of the Bill.

CLAUSE 64 – (Variation, etc. of Orders for Financial Relief)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) in line 7

by the deletion of the word “fifty-six” and the substitution therefor of the word “fifty-four”;

(b) in line 8

by the deletion of the word “sixty” and the substitution therefor of the words “fifty-eight”

(c) in lines 10, 12, 20, 22, 29 and 30

by the deletion of the word “fifty-seven” and the substitution therefor of the word “fifty-five”;

(d) in line 33

(i) by the deletion of the word “fifty-seven” and the substitution therefor of the word “fifty-five”;

(ii) by the deletion of the word “sixty” and the substitution therefor of the word “fifty-eight”.

Amendment agreed to. Clause amended accordingly.

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

Clauses 65 and 66 ordered to stand part of the Bill.

CLAUSE 67 – (Maintenance Agreement)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) in line 6

by the deletion of the words “sixty-eight and sixty-nine” and the substitution therefor of the words “sixty-six and sixty-seven”;

(b) in line 8

by the deletion of the word “sixty-eight” and the substitution therefor of the word “sixty-six”.

Amendment agreed to. Clause amended accordingly.

Clause 67, as amended, ordered to stand part of the Bill.

CLAUSE 68 – (Alteration of Agreements by Court during Life of Parties)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) in line 12

by the deletion of the word “fifty-eight” and the substitution therefor of the word “fifty-six”;

(b) in line 26

by the deletion of the word “sixty-two” and the substitution therefor of the word “sixty”.

Amendment agreed to. Clause amended accordingly.

Clause 68, as amended, ordered to stand part of the Bill.

CLAUSE 69 – (Alteration of Agreements by Court after death of one Party)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) on page 39

(i) in line 30

by the deletion of the word “sixty-seven” and the substitution therefor of the word “sixty-five”;

(ii) in lines 34 and 35

by the deletion of the word “sixty-eight” and the substitution therefore of the word “sixty-five”;

(b) on page 40, in lines 10 and 12

by the deletion of the word “sixty-four” and substitution therefor of the word “sixty-two”.

Amendment agreed to. Clause amended accordingly.

Clause 69, as amended, ordered to stand part of the Bill.

CLAUSE 70 – (Avoidance of Transactions Intended to Prevent or Reduce Financial Relief)

Mr Kunda, SC.: Mr Chairman, I beg to move the following amendment:

(a) in lines 14 and 15

by the deletion of the words “fifty-four, fifty-six, fifty-seven, sixty and sixty-four” and the substitution therefor of the words “fifty-two, fifty-four, fifty-five, fifty-eight and sixty-two”;

(b) in line 16

by the deletion of the word “sixty-eight” and the substitution therefor of the word “sixty-six”.

Amendment agreed to. Clause amended accordingly.

Clause 70, as amended, ordered to stand part of the Bill.

Clauses 71 and 72 ordered to stand part of the Bill.

CLAUSE 73 – (Restrictions on Decrees for Dissolution, Annulment or Separation Affecting Children)

Mr Kunda, SC.: Mr Chairperson, I beg to move the following amendment:

In Clause 73, on page 44

(a) in line 13

by the deletion of the word “minor”;

(b) in line 15

by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-one”; and

(c) in line 16

by the insertion of the words “under the age of twenty-five and is” before the words “receiving instruction”.

Amendment agreed to. Clause amended accordingly.

Clause 73, as amended, ordered to stand part of the Bill.

CLAUSE 74 – (Orders for Custody and Education of Children in Cases of Divorce, etc, and for Custody in Cases of Neglect)

Mr Kunda, SC.: Mr Chairperson, I beg to move the following amendment:

in clause 74

(a) on page 44, in line 31

by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-five”;

(b) on page 45, in lines 8 and 31

by the deletion of the word “eighteen” and the substitution therefor of the word “twenty-five”.

Amendment agreed to. Clause amended accordingly.

Clause 74, as amended, ordered to stand part of the Bill.

Clauses 75 ordered to stand part of the Bill.

CLAUSE 76 – (Additional Jurisdiction in Proceedings by a Wife)

Mr Kunda, SC.: Mr Chairperson, I beg to move the following amendment:

in Clause 76, on page 46, in lines 20 and 21

by the deletion of the words “twenty-six or section sixty-seven to sixty-nine” and the substitution therefor of the words “twenty-four or section sixty-five to sixty-seven”.

Amendment agreed to. Clause amended accordingly.

Clause 76, as amended, ordered to stand part of the Bill.

Clauses 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 ordered to stand part of the Bill.

Schedule 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 without amendments:

The Plant Breeders Rights Bill, 2007

Third Reading on 10th August, 2007.

The Parliamentary and Ministerial Code of Conduct (Amendment) Bill, 2007

Mr Speaker: Order! Day of Third Reading?

Mr Lubinda not in the Assembly Chamber.

Hon. Members: The mover of the Bill is not in the House.

Mr Speaker: Order! The decision is that in view of the absence of the mover of the Bill in the House, this Bill lapses.

Hon. Members: Hear, hear!

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

The Trades Licensing (Amendment) Bill, 2007

The Matrimonial Causes Bill, 2007

Report Stages on Friday, 10th August, 2007

REPORT STAGE

The Penal Code (Amendment) Bill, 2007

The Appropriation (Amendment) Bill, 2007

Reports adopted.

Third Readings on Friday, 10th August, 2007.

__________

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 1743 hours until 0900 hours on Friday, 10th August, 2007.

 

WRITTEN REPLIES TO QUESTIONS

CATTLE RESTOCKING IN THE SOUTHERN PROVINCE

778. Mr Ntundu (Gwembe) asked the Minister of Agriculture and Co-operatives:

(a) how many animals were procured for the Cattle Restocking Programme in all the districts of the Southern Province since the exercise commenced;

(b) whether the exercise was successful; and

(c) what the total number of beneficiaries was.

The Minister of Agriculture and Co-operatives (Mr Kapita): Mr Speaker, I wish to inform the House as follows:

(a) Since the commencement of the Cattle Restocking Programme in the Southern Province, a total of 3,445 animals have been procured and distributed to all the districts. The distribution schedule is as follows:
  
District No. of cattle No. of Cattle No. of Total
 Bought distributed beneficiaries spent 

Kazungula 188 - - 225,500,000
Livingstone 136 106 108 157,800,000
Kalomo 377 377 377 538,000,000
Choma 387 384 384 464,400,000
Itezhi-tezhi 147 147 147 176,400,000
Namwala 267 267 267 298,800,000
Monze 414 414 414 483,400,000
Sinazongwe 498 498 498 318,200,000
Gwembe 216 215 215 205,200,000
Mazabuka 395 395 395 523,914,000
Siavonga 420 420 420 347,000,000
Total 3,445 3,223 3,223 3,738,114,000

Please, note that cattle was not distributed to Kazungula District due to the outbreak of livestock diseases in the area.

(b) the physical distribution of animals was successful, but the impact of the exercise is still to be evaluated since the Cattle Restocking Programme is long term; and

(c) the total number of beneficiaries is 3,223 small-scale farmers.

I thank you, Sir.

CONSTRUCTION OF MWENDA AND MUSONDA FALSS MARKET

780. Mr D. Mwila asked the Minister of Local Government and Housing:

(a) when the construction of Mwenda and Musonda falls market in Chipili would be completed;

(b) how much had been spent, so far, on the project at (a) above;

(c) what the estimated cost of the project would be upon completion; and

(d) which contractor was engaged to work on the projects and what criteria were used to select the contractor.

The Minister of Local Government and Housing (Mrs Masebo): Mr Speaker, I wish to inform this august House that:

(a) the construction of Mwenda Market was a programme initiated by the Mansa Municipal Council and its completion is determined by the Council Work Plan and availability of resources. In 2004, my ministry assisted the Council with K15 million towards the rehabilitation of the Mwenda Market.

As for Musonda Falls Market, which is in Mwense District, no progress has been made on the construction of the market due to limited financial resources;

(b) as stated above, my ministry has spent K15 million, through Mansa Municipal Council, to rehabilitate Mwenda Market;

(c) the project being the Council’s initiative, it comes under the Council Work Plan. Therefore, the final project cost will be determined by the council once work is completed; and

(d) The construction of Mwenda and Musonda Falls Markets are Council-driven projects and therefore, the engagement of the contractors to do the construction works is done by the Tender Regulations from the Zambia National Tender Board (ZNTB).

I thank you, Sir.

CATTLE RESTOCKING IN THE SOUTHERN PROVINCE

778. Mr Ntundu (Gwembe) asked the Minister of Agriculture and Co-operatives:

(d) how many animals were procured for the Cattle Restocking Programme in all the districts of the Southern Province since the exercise commenced;

(e) whether the exercise was successful; and

(f) what the total number of beneficiaries was.

The Minister of Agriculture and Co-operatives (Mr Kapita): Mr Speaker, I wish to inform the House as follows:

(a) Since the commencement of the Cattle Restocking Programme in the Southern Province, a total of 3,445 animals have been procured and distributed to all the districts. The distribution schedule is as follows:
  
District No. of cattle No. of Cattle No. of Total
 Bought distributed beneficiaries spent 

Kazungula 188 - - 225,500,000
Livingstone 136 106 108 157,800,000
Kalomo 377 377 377 538,000,000
Choma 387 384 384 464,400,000
Itezhi-tezhi 147 147 147 176,400,000
Namwala 267 267 267 298,800,000
Monze 414 414 414 483,400,000
Sinazongwe 498 498 498 318,200,000
Gwembe 216 215 215 205,200,000
Mazabuka 395 395 395 523,914,000
Siavonga 420 420 420 347,000,000
Total 3,445 3,223 3,223 3,738,114,000

Please, note that cattle was not distributed to Kazungula District due to the outbreak of livestock diseases in the area.

(b) the physical distribution of animals was successful, but the impact of the exercise is still to be evaluated since the Cattle Restocking Programme is long term; and

(c) the total number of beneficiaries is 3,223 small-scale farmers.

I thank you, Sir.