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Debates- Thursday, 12th July, 2007
DAILY PARLIAMENTARY DEBATES FOR THE FIRST SESSION OF THE TENTH ASSEMBLY
Thursday, 12th July, 2007
The House met at 1430 hours
[MR SPEAKER in the Chair]
NATIONAL ANTHEM
PRAYER
______
ANNOUNCEMENT
TECHNICAL FAULT IN THE CHAMBER
Mr Speaker: Hon. Members, on Wednesday, 11th July, 2007, we experienced a technical fault in the Chamber. The faults were threefold:
(i) There was no signal to the studio because the cable for the wireless connectivity system was faulty. This was subsequently replaced:
(ii) A set of microphones on one line were coming on at the same time. This was caused by a twisted cable, which was stepped on. The system has been worked on and we do not expect further problems on this matter.
(iii) There was interference of a signal on the wireless system by mobile phones. Some hon. Members of Parliament are leaving the phones on, on silent or vibration while in the Chamber. This is resulting in interference on the signal to the studio each time these phones ring in the silent mode. Hon. Members of Parliament are, therefore, reminded always to leave their phones with the Security Officers outside the Chamber.
I now wish to update the House that the National Assembly is in the process of installing new equipment in the Chamber. A contract has already been entered into between the National Assembly of Zambia and Digital Voice Processing (Pty) Limited, South Africa for the supply and installation of conference and transcription equipment. Installation is scheduled to commence in the first week of September, 2007. The installation and testing are expected to be completed by 30th September, 2007.
I once more wish to tender my apology to the honourable House for the failure of the equipment yesterday even though I have no control over what transpired.
I thank you.
Hon. Members: Hear, hear!
_______
QUESTIONS
LINKING OF SHANGOMBO TO RIVUNGU IN ANGOLA
448. Mr Mwangala (Nalolo) asked the Minister of Communications and Transport:
(a) when work on the canal to link Shangombo to Rivungu in Angola would commence;
(b) whether the project would be a joint venture between Zambia and Angola;
(c) what the estimated cost was; and
(d) what the envisaged benefits of the project would be to both Zambia and Angola.
The Deputy Minister of Communications and Transport (Mr Mubika): Mr Speaker, the ministry is making arrangements to hold a bilateral meeting with the Government of Angola to finalise the Memorandum of Understanding (MOU) between the two countries on the proposed project.
The work will commence once the two countries have finalised the Memorandum of Understanding.
The Memorandum of Understanding will determine whether the project will be a joint venture or not.
The ministry will jointly carry out a feasibility study to determine the cost of the project.
The project is envisaged to increase trade between the two countries and thereby promote socio-economic development of both nations.
I thank you, Sir.
PAYMENT OF DUES TO RETIRED AND RETRENCHED WORKERS AT GWEMBE DISTRICT COUNCIL
449. Mr Ntundu (Gwembe) asked the Minister of Local Government and Housing when the retired and retrenched workers at the Gwembe District Council would be paid their dues.
The Deputy Minister of Local Government and Housing (Mr Kazonga): Mr Speaker, I wish to inform the House that the obligation to pay retired and retrenched workers their benefits is the responsibility of each council. However, Government has often come to the aid of councils as evidenced by its commitments in the 2005 and 2006 budgets, where K25 billion for each year was approved by this House towards payment of council retirees and retrenches’ benefits.
Mr Speaker, a provision of K25 billion was made and approved in this year’s 2007 Budget under my ministry to assist councils including Gwembe District Council to settle their retirees, and retrenchees’ benefits.
I thank you, Sir.
Mr Ntundu: Mr Speaker, I would like to find out from the hon. Minister who has acknowledged the fact that Government comes to the aid of councils to pay off the retrenchees. Could the hon. Minister be specific and tell us when the workers will be paid as they did for the Luanshya District Council.
The Minister of Local Government and Housing (Mrs Masebo): Mr Speaker, the hon. Deputy Minister has indicated that in this year’s budget, a sum of K25 billion was approved by this House and the Ministry of Finance and National Planning is going to release that money before the end of this year. The money will be shared among the seventy-two districts for the sole purpose of reducing the burden of paying retirees and retrenchees.
Mr Speaker, I would also like to say that in the last two or three years, this Government has been releasing a full sum of K25 billion to assist these local authorities reduce their debt burden. I am happy to say that if you get to Local Authority Superannuation Fund (LASF) now, you will find that as of last December 2006, LASF was almost current. Even this year, we still intend to give some of that money to LASF and once that is done, LASF will be current in as far as paying their retirees is concerned.
Mr Speaker, this Government is committed to ensuring that the retirees and retrenchees are paid off.
I thank you, Sir.
Mr Kambwili (Roan): Mr Speaker, I would like to find out from the hon. Minister of Local Government and Housing when her ministry is going to release the K1.5 billion owed to Luanshya Municipal Council by Government as a result of RAMCOZ’s failure to pay the rates.
Mrs Masebo: Mr Speaker, this Government in the last two years has released all the resources to Luanshya Municipal Council which moneys were owed as a result of RAMCOZ. Mr Speaker, I am not aware of any more moneys that are owed by this Government to Luanshya Municipal Council apart from the fact that this Government has the responsibility to all local authorities in terms of assisting them to provide services to the people.
I thank you, Sir.
Mr Nsanda (Chimwemwe): Mr Speaker, when is Government going to end the blues of payments, year in year out so that retrenchees in future get their money on time and stop suffering?
Mrs Masebo: Mr Speaker, hon. Members of this House must appreciate that this Government is trying very hard to ensure that some of the bad policies, especially in local Government, which were created by the same people who are asking us those same questions …
Hon. Members: You were there!
Mrs Masebo: … when the same people created the problems, especially, those of retrenchees and retirees. You will recall that this was a result of a policy whereby council workers were forced to retire on attaining twenty-two years of service as opposed to one reaching fifty-five years. That put pressure on all the local authorities because most of the workers hard already done twenty-two years of service and, therefore, they had to go.
Mr Speaker, there were no resources put up for this venture in the budget at that time to actually clear this burden. For the last six years, this Government has been working hard to ensure that every year some resources are given to local authorities including LASF to bail out these retrenches. I have already indicated here that LASF is almost current and that with this years’ allocation of K25 billion, we are confident that LASF will be able to pay retirees without reference to Government.
I thank you, Sir.
Ms Phiri (Luanshya): Mr Speaker, the hon. Minister has said that Luanshya Municipal Council has been cleared off the K1.5 billion owed to it by Government. What I know is that last week during the meeting with the union the Minister of Finance and National Planning promised to pay.
Mr Speaker, as far as we know, the K1.5 billion is still outstanding and I would like to know when this will be paid because it is even provided for in the Budget.
Mrs Masebo: Mr Speaker, as hon. Minister of Local Government and Housing, I am not aware that there are any more outstanding arrears in as far as RAMCOZ is concerned. My understanding is that Luanshya Municipal Council was paid the amounts of money.
Now, if this is a question of interest that might have accrued, as hon. Minister responsible, I am not aware. Sir, I was involved in the release of money to Luanshya Municipal Council in the past. Mr Speaker, if Luanshya Municipal Council has spoken to the hon. Minister of Finance and National Planning, I am not Minister of Finance and National Planning.
I thank you, Sir.
MAGOYE BRIDGE REHABILITATION
450. Mr Hamusonde (Nangoma) asked the Minister of Works and Supply when Magoye bridge, near Nachibita School, in Nangoma Parliamentary Constituency, would be rehabilitated.
The Minister of Works and Supply (Mr Simbao): Mr Speaker, the Magoye Bridge near Nachibita School in the Nangoma Parliamentary Constituency is a low cost bridge serving low traffic volume. It will be widened and raised when the volume of the traffic increases to more than fifty vehicles per day. An assessment will be conducted this year in conjunction with the Local Roads Authority, that is, the local council in Mazabuka and the assessment will be used to determine whether the works could be included in the 2008 annual work plans or not.
I thank you, Sir.
TRAINING OF ACCOUNTS PERSONNEL AT NATIONAL INSTITUTE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH
451. Dr Chishya asked the Minister of Science, Technology and Vocational Training:
(a) how much money the National Institute for Scientific and Industrial Research spent on the continuous training of its accounts personnel, including those who failed their courses the first time, from 2004 to-date and
(b) how the accounting staff at (a) above are managing to maintain proper accounting records when they are still undergoing training and are absent most of the day pursuing their studies.
The Minister of Science, Technology and Vocational Training (Mr Daka): Mr Speaker, the National Institute for Scientific and Industrial Research (NISIR) has spent K20,989,852 on its accounts personnel, both short and long term training between 2004 and 2007. An Accounts Assistant is being sponsored to pursue CIMA foundation course at a cost of K6,451,000 and so far K5,530,400 has been spent. Furthermore, in 2005, an Accountant attended a Fraud Risk Management and Anti-Money Laundering Seminar in South-Africa at the cost of K15,459,452.00. This includes registration fees, air travel, incidentals, as well as board and lodge.
To enhance performance of the Accounts Section NISIR Board in 2007 approved a training plan for the section which is the basis on which training programmes for accounts personnel are being undertaken. Other members of Accounts Section are undertaking training on self-sponsorship basis.
In relation to question (b), personnel at NISIR Accounts Section are hard working and take their work seriously. So, they are managing to under take their studies while diligently performing their functions. This is evidenced by the fact that the NISIR is up to date with audited accounts from 2005 to 2006 and the first quarter of 2007.
Mr Speaker, we should note that the yardstick of determining how Accounts Department is performing is audited accounts.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Dr Chishya: Mr Speaker, can hon. Minister confirm to this House that the Chief Accountant, who is an employee on contract, has in fact, sent himself for training. That, has created a profession inadequacy in the Accounts Section. This has resulted in a lot of internal audit queries, some of which relate to wrong deductions from researchers’ salaries in order to balance the books and that the Internal Auditor has taken advantage of the inadequacy.
Mr Daka: Mr Speaker, I wish Dr Chishya can declare interest. Dr Chishya went to NISIR with a mere Form V certificate. When he left NISIR he had a PhD. From the past record it shows Dr Chishya was one of the people …
Hon. Opposition Members: Aah!
Interruptions
Hon. Government Members: Hammer, hammer!
Mr Daka: … that …
Mr Speaker: Order! That reference invites guidance from the Chair for hon. Members to avoid debating one another. The hon. Minister may answer the question as the policies of his ministry dictate. The hon. Minister may continue.
Interruptions
Mr Speaker: Order! It is that kind of behaviour which invites the sort of reaction that you are hearing on the Floor of the House. Let hon. Members be calm and listen. When you have an opportunity to participate you will be given the chance to do so. May the hon. Minister continue.
Mr Daka: Thank you very much, Mr Speaker, I appreciate your guidance. I wish to state that I am not aware that the Chief Accountant has sponsored himself. If he has been sponsored, it is through the ministry and the institution.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Mr Kambwili: Na Fashion bali muchita sponsor.
Mr Mwansa stood up to ask a question.
Mr Speaker: Does he want to do it again? It is a different … Oh! Hon. Member for …
Laughter
Mr Speaker: …Chifunabuli, yes!
Laughter
Mr Mwansa: Mr Speaker, we are from Luapula so similarities occur. Sir, the answer given by the hon. Minister gives the impression that an employee can be working and at the same time go for training. Does he not fear that there will be comprise in work output if that be the norm? I am obliged.
Mr Daka: Mr Speaker, I do not think the hon. Member’s question is correct. What I believe is that, even myself I went to join National Milling as a mere Form V. While working I got a loan and started studying privately. So, that did not compromise with my work until I got my masters.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Mr D. Mwila (Chipili): Mr Speaker, the hon. Minister has informed this House that an audit was conducted at NISIR. I would like to find out the opinion of the auditors.
Mr Speaker: I have to guide the hon. Member for Chipili to come up with a specific question on that matter. Obviously, without protecting him he will not be able to give you an opinion without looking at the document.
Mr Lubinda (Kabwata): Mr Speaker, in response to the question raised by hon. Member for Pambashe on whether the Chief Accountant who is on contract was on study or whether he was paying for himself or not. The hon. Minister said he was being paid for by the State. I would like to find out whether the Civil Service Conditions changed to an extent that even employees on contract can be sponsored by the State for further training?
Mr Daka: Mr Speaker, I am not aware that the Chief Accountant at NISIR is on contract and I did not say that the employee sponsored himself. I said that the employee was sponsored by the organisation and the Government. So, the issue of the employee being on contract or not being on contract does not arise.
I thank you, Sir.
Interruptions
Mr Speaker: Order!{mospagebreak}
ABOLITION OF THE CENTRAL BOARD OF HEALTH
452. Mr Imasiku (Liuwa) asked the Minister of Health:
(a) whether the restructuring of the ministry had been completed following the abolition of the Central Board of Health;
(b) how many employees of the Central Board of Health lost their jobs and how many were absorbed by the ministry; and
(c) whether the employees who were absorbed by the ministry were serving on Civil Service Conditions of Service or are on contracts.
The Deputy Minister of Health (Dr Puma): Mr Speaker, the restructuring of the Ministry of Health is a continuous process which will be done in phases. The Government has approved a new structure for the Ministry of Health and it will entail increasing staffing levels from the current 26,088 to 51,797 employees.
Increases in the staffing levels will be done over a phased period as it is dependent on availability of resources in a National Budget each year.
Currently, the Ministry of Health is implementing the first phase which will see an increase of health personnel to about 30,000 by the end of the year.
Sir, with regard to question (b), the National Health Services Repeal Act No. 17 of 2005 provided for the transfer of former board employees to Government for those who wish to continue serving Government on expiry of individual contracts.
For those that were not employed on contract and did not wish to be transferred to the Government were deemed to have retired under the Terms and Conditions of the Boards. However, the Government’s policy was to absorb all health workers that were under Central Board of Health.
Mr Speaker, in answer to question (c) employees who showed willingness to be transferred to the Civil Service on Civil Service Conditions of Service, were engaged as civil servants.
I thank you, Sir.
Mr Imasiku: Mr Speaker, I would like to find out if the hon. Minister is aware that some of the former Central Board of Health employees do not have conditions of service because they do not have those terms of conditions. May I know what will happen to them when they leave employment or die? What type of conditions will be implemented because I know that some of them do not have any conditions of service?
The Minister of Health (Dr Chituwo): Mr Speaker, I am not very clear about the question. The hon. Deputy Minister stated that upon the repeal of the National Health Services Act, there were two categories of employees. There were those who were under the age of forty-five who opted to continue and be deployed under Civil Service Conditions and those who were absorbed on contract basis.
Therefore, the issue of having no conditions after the repeal does not arise. It only arises if in this transition period, they have not made up their mind in one way or the other. However, even then, it is very clear that the conditions of service will be for the Civil Service or on contract pertaining to Civil Service Conditions.
I thank you, Sir.
Mr Kanyanyamina (Kanchibiya): Mr Speaker, whilst I appreciate the Government efforts, according to the hon. Deputy Minister’s answer, I would like to know whether the hon. Minister is aware that the ministry in this decade is doing badly, and that this is the reason why the rich ones are going out for treatment and the poor ones are remaining in this country to die?
Dr Chituwo: Mr Speaker, I am not quite sure about the relevance of that question in relation to what the hon. Deputy Minister had said. However, the Government through the Ministry of Health has realised the shortage of health professionals in our country. This is why we had to rationalise the available resources. This is why we are doing so in a phased manner. According to the resources available, we have started to recruit health professionals.
Sir, in addition to that, this Government has put up a scheme where we have to do our best to retain those that we recruit. We shared with this House the Rural Retention Scheme, starting initially, with medical officers. Now, it is scaling up to other health professionals such as tutors and nurses.
I do not know how badly we are doing, but of course, that is an opinion for the hon. Member of Parliament for Kanchibiya. What is important for this House is to realise that there is a commitment. This House allocated funds for that very exercise.
I thank you, Sir.
Dr Njobvu (Milanzi): Mr Speaker, I would like to know how many of those doctors from the Central Board of Health have been distributed to various districts or provinces.
Dr Chituwo: Mr Speaker, of those health workers who were in the Central Board of Health, 202 had been converted into the ministry by 30th June, 2007. I am afraid, I do not have the particular category as the hon. Member for Milanzi has asked about doctors. This is inclusive of doctors and other professionals. Fourteen are on contract with the Government and eighteen opted to retire or resign.
I thank you, Sir.
Mr Sinyinda (Senanga): Mr Speaker, I am not clear about the answer given by the hon. Minister of Health. I would like to find out whether he is aware that since the year 2005, when the Central Board of Health was abolished, there are some workers who neither have Central Board of Health nor Civil Service Conditions of Service. This is my concern.
Mr Speaker: Order! The hon. Minister of Health may go over that concern again.
Dr Chituwo: Mr Speaker, I wish to restate that board employees were given an option to either join the Civil Service if they so wished or, if age did not allow, to be engaged on contract following the repeal of the National Health Services Act.
Therefore, in this transition period, there are employees that still have decided to remain on board conditions until the expiry of their contracts. With the expiry of the contracts, the conditions that will prevail are those that were prevailing with the Central Board of Health. So, it is not possible that one would now be serving without Conditions of Service. It is either the previous, upon waiting for expiry of contract or having been re-engaged on Civil Service Conditions and those are the services upon which they are serving us.
I thank you, Sir.
REHABILITATION OF ROADS IN CHINSALI DISTRICT
453. Mr C. Mulenga (Chinsali) asked the Minister of Local Government and Housing:
(a) when feeder roads in Chinsali District were last rehabilitated; and
(b) when roads in Chinsali District would be rehabilitated.
The Deputy Minister of Local Government and Housing (Mr Kazonga): Mr Speaker, I wish to inform this august House that roads in Chinsali were last rehabilitated under the World Bank funded programme from 1999 to 2001.
As regards part (b) of the question, Mr Speaker, Chinsali District has now been appointed as a road authority for the roads in Chinsali. This means that Chinsali District Council will plan and prepare road rehabilitation programmes for its district and submit to the Road Development Agency (RDA) for inclusion in the annual work plans and budgets.
I thank you, Sir.
CONSTRUCTION OF A RING ROAD FROM MPULUNGU TO NSUMBU AND OPENING MORE LODGES ALONG LAKE TANGANYIKA
454. Mr Sikazwe (Chimbamilonga) asked the Minister of Tourism, Environment and Natural Resources:
(a) whether the ministry had any plans to construct a ring road from Mpulungu to Nsumbu along the shores of Lake Tanganyika in order to promote tourism in the area; and
(b) whether the Government had any plans to open more lodges on the natural beaches of Lake Tanganyika.
The Deputy Minister of Tourism, Environment and Natural Resources (Mr Kaingu): Mr Speaker, the ministry has no plans to construct a ring road from Mpulungu to Nsumbu along the shores of Lake Tanganyika. However, it should be pointed out that there is already an existing road between Mpulungu and Nsumbu although not fully motorable. Some rehabilitation works commenced this year under the supervision of the provincial administration in Kasama with funds from the Ministry of Tourism, Environment and Natural Resources. The stretch being worked on is from Mpulungu through Chitimbwa to Iyendwe.
Sir, I wish to add that Lake Tanganyika and Nsumbu areas fall within the northern circuit which covers the Northern and Luapula provinces and is second on the programme after the Kafue National Park to be developed. In fact, the thrust behind the development of these potential tourism areas is to improve their accessibility by developing and rehabilitating tourism support infrastructure which includes roads.
With regard to part (b) of the question, Mr Speaker, the Government has no plans to open more lodges on the natural beaches of Lake Tanganyika. The role of Government is to encourage the would be investors to develop the tourism sector with a view to creating employment and improve the quality of lives of people at community level.
I thank you, Sir.
Mr Misapa (Mporokoso): Mr Speaker, I would like to learn from the hon. Deputy Minister of Tourism, Environment and Natural Resources when the activities that are taking place in Kafue are likely to finish so that we are aware of when they are coming to our area?
Mr Kaingu: Mr Speaker, I am unable to inform the House when they will be able to complete the management plan in the Kafue National Park.
Thank you, Sir.
Mr Kapeya (Mpika Central): Mr Speaker, could the hon. Deputy Minister shed more light on what form of encouragement plan he is going to come up with when he says the ministry plans to encourage local investors to establish lodges along the beaches? Will it be in form of loans or whatever the ministry will come up with?
Mr Kaingu: Mr Speaker, business is for individuals.
Laughter
Mr Kaingu: As far as we are concerned, we are advising that there are opportunities in tourism. Therefore, we are encouraging people to go to the beaches of Lake Tanganyika and discover opportunities which are there for them to start business.
Thank you, Sir.
Mr Imasiku: Mr Speaker, from the amount of money in the budget which was allocated for improving the road network in parks, how much has been used and which parks have benefited? Is Liuwa Constituency also included? Has it benefited from this?
Mr Kaingu: Mr Speaker, although I notice that the hon. Member has digressed to Liuwa…
Laughter
Mr Kaingu: … at the moment, I am not too sure how much my ministry has been allocated with to develop the roads in the parks.
Thank you, Sir.
Mr Singombe (Dundumwenzi): Mr Speaker, may I know from the hon. Minister how they intend to attract tourism in the Kafue National Park where the last two bridges before the gate were washed away some years ago?
Mr Speaker: The hon. Deputy Minister of Tourism, Environment and Natural Resources sounds as if he does not wish to be drawn into matters outside the Lake Tanganyika beaches and Nsumbu National Park.
Laughter
Mr Speaker: Now, my guidance here is that, as they do in court, those who are answering questions must give an opening beyond the perimeters of the question. When they do that, then other hon. Members may ask questions of a cross country nature. That is what is happening now. I shall allow the hon. Deputy Minister to answer that question.
Mr Kaingu: Thank you, Mr Speaker. A management plan is being worked out at Kafue National Park. I am very sure that when that management plan has been worked out, we will know what it would entail.
I thank you, Sir.
Laughter
Dr Scott (Lusaka Central): Mr Speaker, my interest was apprehended by a phrase that I heard the hon. Deputy Minister use. He said that there is a road, but not fully motorable. I wonder whether the road that is not fully motorable is not like a meal which is not fully digestible or a drink that is not drinkable.
The original question was about road the infrastructure in Nsumbu area. I thought the question that was asked was about the road infrastructure being adequate for individual investors to go and build their beach huts. Is the infrastructure adequate or not?
Mr Kaingu: Mr Speaker, although the road is not motorable, we have already commenced the repairs on that road. If the hon. Member of Parliament paid attention to what I said, he could have noticed that we have already started working on that road from Mpulungu through Chitimbwa to Iyengwe.
Interruptions
Mr Speaker: Order!
POLICE BRUTALITY
455. Mr Chisala (Chilubi) asked the Minister of Home Affairs what measures have been taken to stop unnecessary police brutality which has become rampant in a number of police stations in the country.
The Deputy Minister of Home Affairs (Ms Njapau): Mr Speaker, while the ministry of Home Affairs is aware of some allegations on public brutality in a number of police stations, it may be attributed to a few which the ministry is also concerned with.
Mr Speaker, in this view, the ministry took the following measures:
(i) police officers are being retrained with emphasis on aspects of human rights;
(ii) all Officers-in-Charge of police stations and posts have been directed to intensify lectures to police officers as regards to the observance of rights of suspects under their custody;
(iii) arresting and prosecuting officers who violate human rights;
(iv) the Ministry of Home Affairs also operationalised the Police Public Complaints Authority (PPCA) in January 2003, whose core function is to receive complaints against police human rights abuses; investigating abuses, making directives and recommendations to relevant institutions.
The classification of complaints received in 2003 is given below:
Nature No. of Complaints received Pending Finalised
UnlawfulDetention 83 76 7
Brutality/Torture 56 45 11
Debt collection 8 7 1
Police Inaction 45 35 10
UnprofessionalConduct 138 101 37
Abuse of Authority 32 19 13
Death in PoliceCustody 7 4 4
TOTALS 369 287 82
82 complaints were concluded and 8 police officers were dismissed from the Zambia Police Force as a result of detaining members of the public unlawfully. 7 police officers were cleared of allegations against them while 6 were disciplined by the Inspector General of Police.
The 8 police officers who were dismissed fought for judicial review in the High Court and judgement was passed in their favour, but the PPCA appealed in the Supreme Court and judgement is being awaited.
A sensitisation workshop for Commanding Officers of Police was held in Livingstone by the Human Rights Intellectual Development (HURID) sponsored by the Norwegian Government. The PPCA presented a document on its operations. This was the first workshop at which the PPCA introduced itself to the Police Service and members of the public.
Activities
The complaints received in 2004 came from different parts of Zambia and were 417 in total. 178 of them were heard and 14 were concluded while 3 officers were dismissed from the Zambia Police Service and 6 were disciplined by the Inspector General of Police. 27 police officers were cleared of allegations leveled against them.
The classification of complaints received is given below:
Nature Received Referred Pending Finalised
UnlawfulDetention 171 7 161 3
Brutality/Torture 49 0 47 2
Debt collection 15 0 15 0
Police Inaction 14 0 13 1
UnprofessionalConduct 128 8 115 5
Abuse of Authority 37 3 31 3
Death in PoliceCustody 3 0 3 0
TOTALS 417 18 385 14
Public awareness in form of drama performances were held in Ndola, Solwezi, Mongu, Lusaka, Kasama, and Mansa with a total of 22 performances to police officers and the general public.
I thank you, Sir.
Hon. Government Members: Hear, hear!
Mr Chisala: Mr Speaker, would it not be right to empower the PPCA with transport to enable them to collect complaints from victims as a way of trying to alleviate this escalating problem in the country?
Dr Chituwo: Mr Speaker, like any other new institution, the PPCA started from our capital city. Sir, with plans that we have and resources being made available, most likely, their work will be decentralised so that these services are availed to the greater majority of the citizens of Zambia.
I thank you, Sir.
Mr Mwiimbu (Monze): Mr Speaker, of late, we have witnessed situations where innocent relatives or friends of the accused persons have been incarcerated or detained by the police with a view to assist the police with investigations. What measures is the ministry putting in place to ensure that the rights of these innocent Zambians are protected?
Dr Chituwo: Mr Speaker, from what we have already stated, it is through educating of our police officers that they would be able to respect the human rights. Sensitisation of our police officer to observe the fundamental human rights is a continuous process. This will enable our police officers to be equipped with information that will make them not to breach those rights unnecessarily. There are incidences where it is in the interest of that community to seek assistance from relatives or friends of those who are suspected to have committed serious crimes.
I thank you, Sir.
Mr Kapeya: Mr Speaker, could the hon. Minister shed light on the form of orientation or training that is extended to the Crime Prevention Unit (CPU).
Dr Chituwo: Mr Speaker, that is a very good question. When we conduct these lectures or sensitisation works on Human Rights, the Police Force consists of various wings and these are represented in these workshops so that the knowledge that is obtained is subsequently shared across the various units of the Police Force. Therefore, there are no exceptions. The various units are availed and, in fact, accommodated in order for them to approach these human rights issues in a manner which is not haphazard.
I thank you, Sir.{mospagebreak}
CUTTING OF GRASS IN OPEN AREAS OF ROAN PARLIAMENTARY CONSTITUENCY
456. Mr Kambwili (Roan) asked the Minister of Local Government and Housing what measures the ministry had taken to assist the council cut grass in open areas in Roan Parliamentary Constituency during the rainy season since local authorities had no capacity to handle this additional responsibility.
Mr Kazonga: Mr Speaker, in response to the question raised by the hon. Member for Roan Constituency, I wish to inform this august House that under Section 61 of the Local Government Act, Cap. 281 of the Laws of Zambia, under the Second Schedule of functions, councils are required to maintain or establish parks, zoos, gardens, leisure grounds, camping, caravan sites and open spaces.
Following the sale of mines, Roan and Mpatamatu Mine townships in Roan Constituency were handed over to Luanshya Municipal Council in terms of provision of services, though without matching resources. The issue of maintaining surrounding areas is the sole responsibility of the council.
The Government, through my ministry, has put in place measures to ensure that councils provide efficient and effective services to communities. Some of these measures are as follows:
(i) Councils are being directed to set aside a minimum of 30 per cent of their total budget for service provision.
(ii) A recurrent grant with a provision of K50 billion has been approved in this year’s National Budget under the Ministry of Local Government and Housing whose purpose is to assist councils supplement their budgets on service provision and operational costs.
(iii) A capital grant with a provision of K10 billion has been approved in this year’s National Budget under my ministry to assist councils provide infrastructure services.
(iv) His Excellency the President of the Republic of Zambia recently launched the Keep Zambia Clean and Healthy Programme Campaign, an initiative in which councils are expected to take a leading role. As for the last rainy season, Luanshya Municipal Council, working together with ward councillors managed to cut grass in the former mine townships. This exercise was carried out using council resources.
I thank you, Sir.
Mr Kambwili: Mr Speaker, from the answer that has been given by the hon. Minister, and taking into consideration that it had to take my effort to cut the grass this year, is there any mechanism that the Government is using to make sure that these councils are doing what they are supposed to do due to the fact that since 1997, when the former mine townships were handed over to the council, no grass had been cut?
Mrs Masebo: Mr Speaker, the Deputy Minister of Local Government and Housing had adequately answered this question including its supplementary. It is one of the functions of all local authorities in this country to maintain open areas including parks. Obviously, it is not an additional function. It is their function, except that in the past, the mining companies took over some of the municipal services that were supposed to be provided by the local authority. They were being assisted and it was one of the corporate responsibilities of these mines.
With the advent of new mine owners, things have changed in the mine townships. The new miners are no longer interested in providing municipal services. Therefore, all the municipal services that were being provided by the mines have since been handed over to the local authorities.
Mr Speaker, hon. Members of Parliament in this House are the councillors themselves or managers of these councils, and it is not a surprise that a Member of Parliament should participate in keeping their surroundings clean as a community leader. That is good and I would like to encourage that.
I thank you, Sir.
Mr Kambwili: Walanda bwino apo pena lelo mayo!
Laughter
Mr Speaker: Order! How often has this Chair noticed that kind of unwelcome remark? Let you be reminded that a case or the case I ruled upon yesterday resulted from a running commentary while a Member was seated. The House can reach you even as you make running commentaries while official business is going on and despite what I am wearing on my heard, I can clearly hear what you are saying from this end.
Mr Beene (Itezhi tezhi): Mr Speaker, the hon. Minister has quoted a number of Acts on the service delivery by the councils. Could he confirm that the councils have been waiting for graders or machinery since even before elections, and that all the seventy-two districts have been expecting graders? This was a statement also, I think, given by the Head of State that these things are no longer coming. It was just a mere politicking.
Mrs Masebo: Mr Speaker, this Government is a serious one. We do not make statements for political reasons and especially when a statement is made by His Excellency the President of the Republic of Zambia. I want to say that this Parliament is aware that in this year’s budget, there are resources that have been provided to assist local authorities in terms of grading and clearing roads, which, of course, includes the sides of the roads.
I also want to say that this Government will, this year, through the ministries of Finance and National Planning, and Works and Supply acquire some graders except that they shall not be enough for all the districts in the country. What we are doing, this year, is to pool these graders at the provincial level under the Ministry of Works and Supply where local authorities that have since been appointed as Roads Authorities within their areas of jurisdiction can use these graders depending on the programme. Nevertheless, it is the intention of this Government to equip all local authorities.
Any reasonable Government would like its local authorities to have the much-needed equipment and I think that we are a serious Government. We do not make political statements for their sake.
I thank you, Sir.
Mr Mukanga: Mr Speaker, I would like to find out whether the hon. Minister is aware that during the ZCCM days some of the parks she was talking about were actually leased out to individuals who were running them. I would like to find out why her ministry decided to repossess those parks and hand them back to councils which had no capacity to run them.
Mrs Masebo: Mr Speaker, I have indicated, through the Deputy Minister’s statement, that it is the function of local authorities to maintain parks and any open area and that ZCCM handed over all municipal services which they were undertaking in accordance with the Local Government Act Schedule 31 or 21.
Now, he is talking about parks which were leased to individuals. It is the policy of this Government to encourage public and private partnerships in the provision of social services to our people in an effort to deliver quality and effective social services, but we are also a responsible Government. Where you find the private sector turning a park into a tavern or, indeed, a place for holding parties - birthday and kitchen parties - at the exclusion of our children, it is the responsibility of the Government, through my ministry, to repossess such parks.
I thank you, Sir.
Hon. Members: Hear, hear!
Ms Mumbi: Mr Speaker, I would like to find out from the hon. Minister if her ministry has a deliberate policy to punish officers in councils who are trying to frustrate the good work of the Keep Zambia Clean Campaign. For example, there is a wall which has been built in the middle of the compound in Mtendere and I have complained everywhere, but the officers are not moving in. Is there any deliberate policy to punish such people?
Mrs Masebo: Mr Speaker, councils are by law the employers of the staff. They can hire and fire them in accordance with the regulations. Sometimes, a council fails to discipline its officers because of various factors and I am aware that councils find it difficult to discipline erring officer because their decision is collective.
However, in some cases, councillors and Members of Parliament, when acting as councillors, get compromised and so it becomes difficult.
The councils can appeal to the Ministry of Local Government and Housing on any erring members of staff or any issue where a council fails to act in accordance with the law, and the minister has the powers to suspend or dissolve that council so that the action which needs to be taken can be taken by an Administrator appointed by the Government.
I thank you, Sir.
FIRED DOCTORS
457. Dr Njobvu (Milanzi) asked the Minister of Health:
(a) How many of the 300 doctors who were fired by the previous MMD Government had returned and re-joined the UTH;
(b) how many of these had joined private hospitals; and
(c) how many of these were outside the country.
The Deputy Minister of Health (Dr Puma): Mr Speaker, from the outset, I would like to state that the total number of doctors that were fired was 118 and not 300 as stated in the question. Out of these 118, sixty-nine doctors have re-joined UTH, four joined the private sector and twelve left the country.
I thank you, Mr Speaker.
Mr Chimbaka (Bahati): Mr Speaker, may I know when, specifically, the Ministry of Health is going to address the issue of employment of health personnel and how many men and women are earmarked for employment and when they are going to deploy them because present, past and former ministers have stood on the Floor of this House to speak the same words of addressing the issues for a long time now. Can he specifically state how many men and women he is going to employ and when they are going to deploy them.
Mr Speaker: Order! For the Chair to guide the hon. Minister of Health or whoever, I wish to know which question the hon. Member for Bahati is referring to.
Laughter.
Mr Chimbaka: Mr Speaker, I am referring to the immediate past question about doctors.
Mr Speaker: Which question is this?
Mr Chimbaka: 457.
Mr Speaker: Hon. Member, read that question again.
Mr Chimbaka: Hon. Member for Milanzi to ask the Minister of Health:
(a) How many of the 300 doctors who were fired by the previous MMD Government had returned and re-joined UTH;
(b) how many of these had joined the private hospitals; and
(c) how many of these were outside the country.
Mr Speaker: Quite clearly, hon. Member, take your seat. You can see clearly that your question is irrelevant.
Laughter
Mr Malama (Mfuwe): Mr Speaker, I would like to find out what measures the Government has put in place to ensure that what led to the firing of the 118 doctors does not take place again because this was a result of strike action by the doctors.
Dr Chituwo: Mr Speaker, since the reason for the firing of the 118 doctors arose out of a strike action, measures that this Government has put in place include continuing on the path of dialogue so that our health workers understand Government plans and programmes and that they understand their conditions of service. We believe that in so doing, we shall avoid prolonged strike actions.
Secondly, we are in contact with our trade union leaders and, through dialogue, instill in them the fact that the employer and the trade union leader are just two sides of the same coin. Both are concerned with the welfare of the worker so that they can be productive.
I thank you, Mr Speaker.
Mr Mukanga: Mr Speaker, I seek clarification on what prompted these medical doctors to come back. Is it because the Government realised that they were wrong to fire them in the first place?
Dr Chituwo: Mr Speaker, the doctors, on their own accord, re-applied to come back and re-join the service. There is no reason other than that.
I thank you, Mr Speaker.
Mr Mbewe (Chadiza): Mr Speaker, I would like to find out why they encourage employing doctors as Directors of Health instead of them working in hospitals.
Hon. Opposition Members: Hear, hear!
Dr Chituwo: Mr Speaker, as far as we know, most of the Directors of Health do render service and practice their professions.
Secondly, let me just share this with the House. Is it not common practice that the Head of the Judiciary is a lawyer?
Hon. Government Members: Hear, hear!
Dr Chituwo: Sir, in the mining sector, I think the practice has been that the General Manager is a Mining Engineer. They would not get a medical officer to be a General Manager of a mining institution.
Hon. Government Members: Hear, hear!
Dr Chituwo: Sir, those two examples really show that it is right for doctors to do part of the administration and it does not mean that they are misplaced.
I thank you, Sir.
Hon. Government Members: Hear, hear!{mospagebreak}
ADVERSE ECONOMIC EFFECTS OF FREQUENT FUEL PRICE INCREASES
458. Mr Sejani (Mapatizya) asked the Minister of Energy and Water Development what measures the Government had taken to protect the people from the adverse economic effects of frequent fuel price increases.
The Deputy Ministry of Energy and Water Development (Mr Sichilima): Mr Speaker, the Government well understands the adverse effects of fuel price increases caused to both individuals and the general economy. For this reason, the Government endeavours at all times to ensure that petroleum prices are as low as is practically possible under the prevailing conditions in the world.
Mr Speaker, the current high level of fuel prices is attributed mainly to the high prices of oil on the international market. It must, however, be acknowledged that local factors also affect the price.
Sir, in order to ensure that the price of fuel is as low as possible, the Government stabilises fuel prices using the Strategic Reserves Fund. This intervention is usually taken whenever there is a substantial increase in the price of fuel. The prices of diesel and kerosene, for example, have been kept constant for the month of April, May and June, 2007. The prices of petrol and jet fuel have also not changed since the month of May. This has been possible through the stabilisation made possible by the Strategic Reserves Fund. With this action, the Government has been able to cushion consumers.
Mr Speaker, my ministry has also asked the Energy Regulation Board (ERB) to review the pricing model. I, therefore, wish to inform the House that this board has since been dissolved. The board that will be appointed will have to carry on what was proposed by this Government.
As all hon. Members may be aware, the ERB recently held public hearing on this matter. This review process is almost complete and, soon, the public will be informed on the way forward. The Government is also instituting action to procure feedstock for Indeni through International Competitive Bidding. This is intended to ensure that fuel consumers get the benefit of competitive pricing of fuel. This process is also advanced and the tender process will soon commence.
I thank you, Mr Speaker.
Hon. Government Members: Hear, hear!
Mr Sejani: Mr Speaker, when will the long inconvenienced Zambians enjoy sustainable price stability, the sort of stability that we have been promised so many times on the Floor of this House through many ministerial statements on the frequent closures of Indeni and the resultant fuel shortages?
Hon. Opposition Members: Hear, hear!
Mr Sichilima: Mr Speaker, I must emphasise that running a Government is just as good as running a big business. Some of the factors, both internationally and locally, affect these prices we promise people. Sometimes, we are pushed into a corner so that, at least, as a responsible Government, we find a suitable price at a particular time. Currently, the cost of fuel has not changed even when the prices have fluctuated internationally.
I thank you, Sir.
Mr Sikazwe (Chimbamilonga): Mr Speaker, I would like to find out when the Government is going to reduce the transport costs of fuel products. By this, I mean the final products being imported from other countries. For example, in Northern Province, we do not have depots in Mpika and Kasama so that prices are reduced. The prices in these towns are too high when compared to urban areas. Most of the people in rural areas are poor and they are paying more on this commodity.
Hon. Opposition Members: Hear, hear!
Mr Sichilima: Mr Speaker, what determines the cost of this fuel is the distance. Secondly, it is the measures which this responsible Government has put in place in terms of the control of quality. I am not saying it is impossible to open up a depot. For example, if we were to open up a depot in Northern Province, it would mean that the fuel that is going to be offloaded there needs to be tested at Indeni Oil Refinery. This would mean that we are going to have double costs. For it to be transported from Northern Province to Ndola for verification and taken back will be costly. Therefore, it is a quality control measure that determines this.
Interruptions
Mr Sichilima: Sir, I can hear my hon. Colleagues are still in doubt. Let me say that, for example, the engines of some vehicles which hon. Members of Parliament and other members of the public are buying are not suitable for the fuel we use here. The fuel that we use is different from the one they are intended for. Where they come from, they are recommended to use a certain type of fuel. You will also find that if you go to neighbouring countries with your vehicles and use the fuel in those countries without doing certain adjustments to your engines, you are bound to lose them or have their performance affected. You will not notice it because it is so minute. That is why the Government maintains that fuel must be checked and graded.
Mr Kakoma (Zambezi West): Mr Speaker, in the past few months, this country has been experiencing shortages of diesel, which is impacting negatively on the prices. I would like to find out from the hon. Minister why this Government is failing to stock enough diesel in this country in order to help to sustain the prices of fuel.
Mr Sichilima: Mr Speaker, first and foremost, it is regrettable that there were traces of a shortage of fuel in some areas. However, I would like to say that it is not the failure of the Government in stocking enough diesel. We had enough in stock, even at the time when there were shortages in certain areas.
Mr Speaker, Indeni is a big plant with machinery that is bound to have some technical fault, which will affect the production. What this Government has done is to put in measures that all Oil Marketing Companies (OMCs) have stocks of up to about fifteen days. That is, each company operating in this country maintains stocks that would last fifteen days. That is how much stock we have. By the time that will be running out, we would have taken measures. In the current situation, if Indeni is going to close down for a few days for maintenance, we have requested all OMCs to import fuel in order to maintain the fifteen days’ stock.
I thank you, Sir.
Mr Silavwe (Nakonde): Mr Speaker, we are aware of many businessmen who are ready to import fuel into the country. I would like to find out from the hon. Minister why his ministry allows the Energy Regulation Board (ERB) to put in unnecessary conditions, making it very difficult for businessmen who want to bring fuel to Zambia. This is such that when there is a crisis that is when the businessmen are allowed to bring in fuel at short notice. Why is that?
Mr Sichilima: Mr Speaker, when the time came to advertise for companies to bring in fuel, there was open tender. Those that won the tender were allowed to import fuel. However, fuel is a very - for lack of a better term - dangerous commodity, which the Government cannot allow to be sold anyhow without regulations, hence, putting in measures. Nevertheless, this should not stop businessmen from coming together, applying and, through the ERB, being allowed to bring fuel into the country. However, the reason regulations are sometimes put up is that the source of fuel must be one, and known. This is because, sometimes, they might bring in crude oil, all the way and pump it into Ndola, only to realise that Indeni is not able to refine that crude oil. That is one major reason they stop people from bringing in fuel anyhow.
I thank you, Sir.
ESCAPEE INMATES IN 2006
459. Mr Imenda (Lukulu East) asked the Minister of Home Affairs:
(a) how many persons escaped from prisons in 2006;
(b) how many persons who escaped from prisons at (a) above were recaptured;
(c) how many were still in hiding; and
(d) What were the challenges attributed to the escape of prisoners.
Ms Njapau: Mr Speaker, to answer Hon. Imenda’s question, who wanted to know the number of escapees, recaptured and those inmates still in hiding and also he would like to know the challenges attributed to the escapees. The answer is as follows.
(a) 218 prisoners escaped from custody in 2006;
(b) 47 prisoners were recaptured;
(c) 171 prisoners are still at large; and
(d) Challenges attributed to escape of prisoners:
1. Overcrowding causes some prisoners to escape from lawful custody which leads to the following undesirable conditions in most of our prisons:
(i) Inadequate accommodation where it is difficult to classify prisoners;
(ii) overburdened sanitary facilities;
(iii) lack of access to a wide range of recreational activities including physical exercise;
(iv) overburdened medical services;
(v) conditions conducive for spreading communicable diseases like Tuberculosis, including HIV/AIDS.
2. Most of our prisons are understaffed. An analysis of data from our prisons indicates that we have a staff-prisoner ratio of one prison officer to more than fifteen prisoners in most of our prisons. The staff-prisoner ratio has an implication on the effective supervision of inmates and the safe custody of prisoners at all times wherever they may be.
I thank you, Sir.
Mr Imenda: Mr Speaker, I would like to find out what measures are being taken by her ministry to arrest the situation seeing as she is aware of the adverse conditions met by the prisoners.
Dr Chituwo: Mr Speaker, even though Hon. Imenda referred to me as ‘she’.
Laughter
Dr Chituwo: Mr Speaker, the measures we have taken in order to minimise the number of escapees from prisons are as follows:
(a) the renovation of prisons countrywide as funds permit;
(b) we have undertaken the transfer of prisoners, for example, from Lusaka to Kamfinsa and some from Mukobeko Maximum Prison to Mumbwa or from Lusaka to Mumbwa, and some from Lusaka to the open air prison in Mwembeshi.
(c) In order to further decongest our prisons, we have planned to open up the Nyangu Prison in Western Province so that we can accommodate more of the inmates there.
(d) The other significant measure taken by the Government is related to the Prisons Amendment Act No.16, of 2004, at which this House passed the Act to institute the parole system. The parole system will be able to allow the prison authorities to get inmates into society.
(e) Other measures include the extension and construction of various prisons such as in Kamfinsa, as I alluded to earlier.
Mr Speaker, these are the only measures that we can undertake. We are related to other Government institutions in the law enforcement process, and I can only say that we are confident that the other agencies will be able to speed up the process of prosecution and get rid of unnecessary delays in our prisons and prisoners being put in custody.
I thank you, Mr Speaker.
Mr Tembo (Nyimba): Mr Speaker, I would like to find out from the hon. Minister what measures have been put in place to ensure that once prisoners are released, they are immediately assisted with transport back to their homes rather than being stranded and start terrorising the locals.
Dr Chituwo: Mr Speaker, once most of these inmates are in prison, they undergo various skills training. It is through these skills training that they are expected to get a bit funds that would not only assist them for transport but also sustain their livelihood when they are out of prison.
I thank you, Mr Speaker.
Major Chizhyuka (Namwala): Mr Speaker, talking about prison escapees, some of the ardent friends of this Government…
Laughter
Major Chizhyuka:… are foreigners from a country called Lebanon who, in coming to our country, have also come with a very peculiar passion to see our Zambian African women having carnal knowledge with dogs. I, therefore, would like to know from the hon. Minister of Home Affairs whether, amongst those prison escapees, are such foreigners, whether there are any such foreigners ever apprehended and to which extent this Government which has brought in these ardent friends of theirs are putting in measures to banish such foreigners from within the confines of the…
Mr Sichilima: On a point of order, Sir.
Mr Speaker: Order. Is that point of order on procedure or on something else?
Mr Sichilima: Mr Speaker, it is on procedure.
Mr Speaker: As I am listening, let us see how the procedure has been violated.
Mr Sichilima: I thank you, Mr Speaker. I did not wish to interrupt my brother. Is he in order to tell and mislead this House that the people that he is referring to are friends of the Government? Is it in order to allege that and mislead the nation? I need your serious ruling.
Interruptions
Mr Speaker: Order! I heard him say that, but I allowed him to continue because I know that the hon. Minister of Home Affairs will deal with that issue and will answer, whether yes or no.
Hon. Opposition Members: Hear, hear!
Major Chizhyuka: Mr Speaker, I was at the point at which I was asking whether, indeed, the Ministry of Home Affairs was instituting measures to prevent any such occurrences…
Mr Speaker: Order!
Business was suspended from 1615 hours until 1630 hours.
Major Chizhyuka: Mr Speaker, before break, I was concluding my question by asking to which extent the ministry is instituting measures to protect our country and our humble women folk against this obnoxious foreign vice.
Dr Chituwo: Mr Speaker, in my response, I must preamble my answer by stating how saddened I am for such an hon. Member of Parliament who is part to the laws of this country not to have taken the initiative as a law maker and a law abiding citizen to report such, indeed, obnoxious acts to the law enforcement agencies. How can he do a thing like that?
Laughter
Dr Chituwo: It is totally unacceptable.
Major Chizhyuka: It was on Television.
Laughter
Mr Speaker: Order!
Dr Chituwo: Sir, I would like to request the assistance of the hon. Member of Parliament for Namwala to avail that information to our law enforcement agencies and I can assure him that in no time, we will act.
As for his description of them as ardent friends, well, he is entitled to his opinion. Surely, as individuals, as institutions and as a Government, we all do have friends. Therefore, whether it is an insinuation that because of this description of ‘ardent friends’, we are going to condone any lawlessness, that is totally denied and false.
I thank you, Mr Speaker.
Hon. Government Members: Hear, hear!
TEACHERS AND SECONDARY SCHOOLS IN MFUWE PARLIAMENTARY CONSTITUENCY
460. Mr Malama (Mfuwe) asked the Minister of Education:
(a) when more teachers would be posted to primary and basic schools in Mfuwe Parliamentary Constituency; and
(b) whether the Government had any plans to build secondary schools to cater for the increasing population in the following chiefdoms:
(i) Chief Mpumba; and
(ii) Chief Nabwalya.
Professor Lungwangwa delayed in answering.
Mr Speaker: Order! Do we have a technical problem?
The Minister of Education (Professor Lungwangwa): Mr Speaker, the ministry posted thirty teachers to schools in Mfuwe Parliamentary Constituency out of ninety teachers required in 2006. This was to reduce on the shortfall of teachers the district was experiencing. More teachers will be posted to the schools in the constituency during the course of this year.
Sir, the ministry has no immediate plans to build secondary schools in the stated chiefdoms of Chief Mpumba and Chief Nabwalya. However, currently, pupils from the two areas are being catered for by Mpika Boys and Chinsali Girls High School at the levels of Grade 10 to 12.
I thank you, Sir.
Mr Malama: Mr Speaker, is the hon. Minister aware that some schools in Mfuwe Constituency are being run by untrained teachers? Is the hon. Minister also aware that Mpika is the biggest district and because of that, pupils who come from distant areas rent houses at Mpika Boma and, as a result, this has got an effect on the girl-child?
Professor Lungwangwa: Mr Speaker, the hon. Member for Mfuwe should give us very clear facts on the allegations that he is making regarding untrained teachers in Mfuwe schools. Sir, it is extremely important for the sake of policy, planning and efficient management of the system for statements like the one coming from the hon. Member to be supported by facts. My ministry would be best served if the hon. Member for Mfuwe would do some research and supply factual information regarding the state of schools in his constituency. What he is presenting is a statement which is not substantiated by facts.
Secondly, the statement on squatting is an allegation again. It would be very helpful if a research was conducted by the hon. Member and facts presented which would guide or assist the ministry in looking at the problems affecting our pupils.
I thank you, Sir.
Mr D. Mwila: Mr Speaker, I want the minister to be specific. How far has the ministry gone with the recruitment of teachers because this is July and we have to know?
Professor Lungwangwa: Mr Speaker, it was only last week when I answered that question and I stated in the House that my ministry has put in place mechanisms for the recruitment of teachers and the process is in place. The recruitment process will soon be undertaken. It was Tuesday when I answered the same question and I hope the hon. Member for Chipili was attentive.
I thank you, Sir.{mospagebreak}
REPAIRING OF MUSONWEZHI BRIDGE IN MUFUMBWE DISTRICT
461. Mr Bonshe (Mufumbwe) asked the Minister of Works and Supply when Musonwezhi bridge in Mufumbwe District would be repaired.
The Minister of Works and Supply (Mr Simbao): Mr Speaker, I wish to inform the House that the construction of the bridge at Musonwezhi in Mufumbwe district was awarded to a local contractor by the Office of the Vice-President through the Disaster Management and Mitigation Unit (DMMU) under the Emergency Drought Recovery Project financed under a credit from the World Bank.
However, the contractor has failed to carry out and complete the Bailey bridge construction at Musonwezhi. The Road Development Agency (RDA) has subsequently recommended for the termination of the contract due to non-performance by the contractor. This matter, Mr Speaker, is actually in the courts of law and is being handled by the Drug Enforcement Commission (DEC).
The Road Development Agency has however, provided an amount of K2,400,000,000 in the 2007 Budget to re-tender and award the contract for the construction of the Bailey bridge. However, works will only commence once the court case is disposed of.
I thank you, Sir.
YOUTH POLICY AND PROGRAMMES
462. Dr Chishimba (Kasama Central) asked the Minister of Sport, Youth and Child Development:
(a) to what extent the youth policy and programmes of action had helped reduce youth unemployment in the country;
(b) how many provincial youth development officers had official vehicles and in which years they were bought; and
(c) what the budget allocations was compared to the actual releases for the general operations of the youth development officers in 2005, province by province.
The Deputy Minister in the Vice-President’s Office (Ms Lundwe): Mr Speaker, I wish to inform the House that the policy which was revised, launched and adopted in 2006 has had its impact felt by the young people in that the young people have been empowered with the information on the many programmes that the Government is running. This has inspired them to venture into various youth projects that deal in enterprise and provide funds to fellow youth thereby creating informal employment and consequently reducing the poverty levels in our country. Some of the successful youth projects are:
(i) Chifundo Market; and
(ii) Chawama Youth Project
Chawama Youth Project has been the 2006/2007 Commonwealth Youth Award.
The Policy has further provided information on mainstreaming of HIV/AIDS in Youth Programmes to ensure reduction in new infections and mitigate the socio-economic negative impact of HIV/AIDS among the youth.
However, implementation of the National Youth Policy will be strengthened by the development of the Programme of Action.
Mr Speaker, on the question of how many provincial youth development officers have official vehicles and in which years they were bought, the following are the provinces with official vehicles most of which are very old and need to be replaced.
Province Make Registration No. Year of Purchase Condition
Northern Isuzu KB 200 GRZ 358 2000 Good
North-
Western Mitsubishi GRZ 343 BH 1982 Non-Runner
Lusaka Mitsubishi GRZ 346 BN 1992 Non-Runner
Copperbelt Mitsubishi 200 GRZ 344BH 1991 Fairly good
(assigned to Youth Resource
Centre
Mr Speaker, meanwhile the following provincial offices do not have official vehicles:
(i) Southern Province;
(ii) Luapula Province;
(iii) Eastern Province;
(iv) Western Province; and
(v) Central Province.
Mr Speaker, on (c) I would like to inform this august House that in 2005, the budgetary allocations and releases for the provinces were as follows:
PROVINCE 2005 BUDGET ALLOCATION RELEASES BALANCE
Lusaka 170,082,002 172,810,37 -2,728,335
Copperbelt 323,115,711 267,015,203 56,100,508
Central 391,619.632 392,036,757 -417,125
Northern 168,712,421 165,772,853 2,939,568
Western 151,406,811 141,367,883 10,038,928
Eastern 358,013,058 198,540,601 159,472,457
Luapula 376,902,255 326,821,469 50,080,786
N/Western 87,349,664 83,557,061 3,792,603
Southern 178,667,630 159,474,876 19,192,754
Total 2,205,869,184 1,907,397,040 298,472,143
Mr Speaker, I thank you.
Dr Chishimba: Mr Speaker, I would like to know to what extent those non-runners affected the running of youth programmes who constitute the largest segment of the population.
The Vice-President (Mr R. B. Banda): Mr Speaker, the answer is that, obviously, they have affected the running of the programmes negatively.
I thank you, Sir.
__________{mospagebreak}
BILLS
FIRST READING
THE TRADES LICENSING (Amendment) BILL, 2007
The Minister of Commerce, Trade and Industry (Mr Mutati): Mr Speaker, I beg to present a Bill entitled Trades Licensing (Amendment) Bill, 2007. The object of this Bill is to amend the Trade Licensing Act as to:
(a) empower the Minister in line with the provisions of the Citizens Economic Empowerment Act, 2007 to reserve certain trades and provisions of certain services to Zambians;
(b) prohibit a person who holds a trading wholesale license from operating a retail business in the same shop where that person carries out a wholesale business;
(c) prohibits a person who holds a trading retail license from operating a wholesale business in the same shop where that person carries out a retail business;
(d) prohibit the issuance of a license to a none Zambian in an area established as a market;
(e) provide for the requirement that the holder of a license should provide a licensing authority with a tax clearance certificate issued by the Zambia Revenue Authority when renewing a license;
(f) strengthen the provision that relate to enforcement; and
(g) provide for matters connected with and incidental to the foregoing.
I thank you, Sir.
Mr Speaker: The bill stands referred to the Committee of Economic Affairs and Labour and the Committee is required to submit its report on the Bill to the House by Tuesday, 31st July, 2007. Hon. Members who wish to make submissions or amendments to the Bill are free to do so within the programme of work of the Committee.
THE PENAL CODE (Amendment) BILL, 2007
The Minister of Justice (Mr Kunda): Mr Speaker, I beg to present a Bill entitled the Penal Code (Amendment) Bill, 2007. The object of this Bill is to amend the Penal Code so as to revise provisions relating to the offence of vandalism to public and private property; provide a minimum sentence for the offence of arson and provide matters connected with or incidental to the foregoing.
I thank you, Sir.
Mr Speaker: The Bill stands referred to the Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The Committee is required to submit its report on the Bill to the House by Tuesday, 31st July, 2007. Hon. Members who wish to make submissions or amendments to the Bill are free to do so within the programme of work of the Committee.
THE PLANT BREEDER’S RIGHTS BILL, 2007
Mr Kunda: Mr Speaker, I beg to present the Plant Breeder’s Rights Bill, 2007. The objects of this Bill are to:
(a) provide for the protection of plant breeder’s rights;
(b) provide for the registration of plant varieties; and
(c) provide for matters connect with or incidental to the foregoing.
Mr Speaker: The Bill stands referred to the Committee on Agriculture and Lands. The Committee is required to submit its report to the House by Tuesday, 31st July, 2007. Hon. Members who wish to make submissions or amendments to the Bill are free to do so within the programme of work of the committee.
MATRIMONIAL CAUSES BILL 2007
Mr Kunda: Mr Speaker, I beg to present a Bill entitled the Matrimonial Causes Bill 2007. The object of this Bill is to:
(a) Make provisions for divorce and other matrimonial causes;
(b) provide for the maintenance of a party to a marriage and of children of the family;
(c) provide for the settlement of property between parties to a marriage on the dissolution or annulment of the marriage;
(d) provide for the custody or guardianship of children of the marriage to which the matrimonial proceedings relate; and
(e) provide for matters connected with or incidental to the foregoing.
I thank you, Sir.
Mr Speaker: The Bill stands referred to the committee on Legal Affairs, Governance Human Rights and Gender Matters. The Committee is required to submit its Report on the Bill to the House by Tuesday 31st July 2007. Hon. Members who wish to make submissions or amendment to the Bill are free to do so within the programme of work of the Committee.
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MOTIONS
REPORT OF THE SELECT COMMITTEE APPOINTED TO SCRUTINISE THE APPOINTMENT OF MRS LANNETTE KAMBOLE CHITI AS A MEMBER OF THE JUDICIAL COMPLAINTS AUTHORITY
Mr C. K. B. Banda (Chasefu): Mr Speaker, I beg to move that the House adopt the Report of the Parliamentary Select Committee appointed on 30th May 2007, to scrutinise the Presidential appointment of Mrs Lannette Kambole Chiti as a member of the Judicial Complaints Authority for the First Session of the Tenth National Assembly, laid on the table of the House on 10th July 2007.
Mr Speaker: Is the motion seconded?
Mr Chilembo (Chama North): Mr Speaker, I beg to second the motion.
Mr C. K. B. Banda: Mr Speaker, terms of reference of your committee were to scrutinise the appointment of Mrs Lannette Kambole Chiti, as a member of the Judicial Complaints Authority pursuant to the provisions of section (Code of Conduct) Act No. 13 of 1999.
Sir, in order to satisfy themselves that the appointee did not have any adverse security, criminal or, indeed, drug-related cases against her, your committee requested for submissions from the Zambia Police Force, the Anti-Corruption Commission and the Drug Enforcement Commission.
Mr Speaker, the reports your committee received from the three investigative agencies of the Government, showed that the appointee did not have any adverse corrupt, criminal, security or drug-related offences against her that would warrant her disqualification to serve as a member of the Judicial Complaints Authority.
Your committee also received submissions from Transparency International Zambia, and the Law Association of Zambia in order to establish the professional suitability and integrity of the appointee. Your committee also wish to report that the hon. Minister of Justice, on behalf of the appointing authority, briefed them on the merits of appointing the nominee.
In his submission, the hon. Minister stated that the appointing authority had considered the nominee because she was qualified in terms of the Judicial (Code of Conduct) Act No. 13 of 1999, and as amended by the Judicial (Code of Conduct) (Amendment) Act No. 13 1999, as well as the amended of the Judicial (Code of Conduct) (Amendment) Act No. 13 of 2006.
Your committee, after a thorough evaluation of the evidence presented to them by the witnesses, the appointing authority and their subsequent interview with the nominee, found her suitably qualified to be ratified for appointment to serve as member of the Judicial Complaints Authority. Your committee further observe that in appointing Mrs Chiti as a Member of the authority, the aspect of gender has been observed on the part of the appointing authority.
In view of the foregoing, your committee recommend that the House do ratify the nomination of Mrs Lannette Kambole Chiti as member of the judicial complaints authority.
Mr Speaker, before I conclude my speech, allow me to make a few remarks on the Judicial Complaints Authority itself. Sir, the role of the authority is to receive complaints against judicial officers and to investigate such allegations of misconduct so as to ensure that integrity and impartiality are upheld in the dispensation of justice. For this to happen, members of the public need to be aware of both the existence of the authority and its mandate. Your committee are however, of the view that little has been done to create public awareness about the authority. In this regard, Sir, it may be necessary for the judicial complaints authority to take a leading role in sensitising the general public about the existence of the authority and its mandate in the judicial system.
Finally, Mr Speaker, your committee wish to record and express their appreciation for the advice and services rendered by the Office of the Clerk of the National Assembly and for the submissions received from the investigative agencies, Transparency International Zambia, the Law Association of Zambia and the Hon. Minister of Justice.
Above all, your committee wish to express their profound gratitude to you, Mr Speaker, for appointing them to serve on this very important select committee. It is our hope that the report and the recommendations contained therein will receive the unanimous support of the House.
Mr Speaker, I thank you.
Hon. Members: Hear, hear!
Mr Speaker: Does the seconder wish to speak now or later?
Mr Chilembo: Now, Mr Speaker.
Mr Speaker, I beg to second the motion to ratify the Presidential appointment of Mrs Lannette Kambole Chiti as a member of the Judicial Complaints Authority.
Mr Speaker, the mover of this motion has clearly stated the position of your committee on this important appointment. Let me emphasise, however, that your committee did not have any serious problems with the appointee as she is eminently qualified to serve on the judicial complaints authority.
Sir, let me also add my voice to the point made by the mover of this motion about the need to publicise the work of the judicial complaints authority. However, for this to happen there is need for the authority to be empowered with adequate resources to not only publicise their work, but also to be able to hear cases expeditiously.
Sir, one of the problems that have hindered the smooth operation of our judiciary, is the slow pace at which the administration of justice is proceeding. Many cases have been pending for a long time. There is need for the judiciary to find ways of dealing with this problem. If complaints in this regard are reported to the judicial complaints authority they should be dealt with firmly as justice delayed is justice denied.
Sir, allow me to thank the mover of this motion for the able and fair manner in which he chaired your committee’s meetings.
I urge this House to support this non-controversial motion.
I thank you, Sir.
Mr Lubinda (Kabwata): Mr Speaker, first and foremost, I would like to commend your committee for a job very well done indeed, and for a report which was very well written and very easy to read. In the same vein, I would like to thank Transparency International as they quoted on Page 3, and I quote:
‘Asked to state how Transparency International Zambia had come to this conclusion, your committee heard that a group of officers had been assigned to conduct inquiries on the nominee and that these officers had the necessary skills to do so.’
Sir, I wish to commend this civil society organisation and, through it, many other civil society organisations who take matters of governance seriously, to an extent that they spent their own money to assist Government to arrive at good decisions. I think that Government should take a leaf from this and support civil society organisations when they call for good governance because they are willing to assist the Government to govern properly.
Hon Opposition Members: Hear, hear!
Mr Mtonga: Zoona!
Mr Lubinda: Sir, I would also like to reflect upon one issue that the committee belaboured in interviewing the various witness, and particularly the candidates. This is to do with the issue of the potential compromise that will arise as a result of being appointed to the Judicial Complaints Authority where she was still serving as a practicing lawyer. I think that this is a matter that the Government ought to look at very seriously.
I know that she acquitted herself very well. That is the reason why your committee arrived at a conclusion that she be presented for ratification. However, this is a warning sign, and I think that the Government ought to do whatever is required to ensure that in future, we appoint people who will not go into any potential conflicts such as this. This is not to doubt that the candidate will not perform without compromise. I am sure that your committee, after interviewing her, were convinced that she will do the job perfectly well.
Mr Speaker, it is sad though, to read in this report that in this country where one ilk is so treasured - the ilk of State Counsel - there is only one female State Counsel in Zambia. That is extremely sad.
Interruptions
Mr Lubinda: I have been informed that there were actually only two female State Counsels. One is now deceased and there is only one alive. I would like to appeal to the female Members of Parliament to do whatever they can to encourage our female lawyers to apply to be recognised and be conferred that ilk. I know that it is a very rigorous process, but they must not shy away. I think time has come for womenfolk to also carry that beautiful ilk, State Counsel, so that we can also be referring to them as Mrs so and so, State Counsel. It would be very good for the women in the country.
Hon. Government Members: Mrs Lubinda.
Laughter
Mr Lubinda: We should not be as myopic as people who think that when we talk about women, we are talking about our wives. We are not talking about or children. We are talking about the women of Zambia. Once we do that, we will be encouraging our children in school to take law as a career.
Sir, I would like to agree with your committee that the visibility of the Judicial Complaints Authority requires to be enhanced. However, over and above that, I think it is not only the visibility, but also the presence of the Judicial Complaints Authority. As things are now, even a person in Kalabo, if they have a matter to complain about, they would have to have access to Lusaka. Now, you can imagine, with the poor funding to the Judicial Complaints Authority for them to travel to Kalabo to go and investigate the matter, it would take them a long time.
Mr Speaker, I would like to appeal to the hon. Learned Minister of Justice, the State Counsel, that next year, when he comes to present the budget of the Ministry of Justice, to consider these two very important issues, firstly, we ought to decentralise this very important institution, which is an institution of governance. Such institutions ought to be supported by this House, and financed adequately to ensure that people have access to justice. We know of many cases where people are complaining that their justice being delayed. That is the reason we came up with this authority, but if this authority is first of all invisible, secondly, not easy to access, and thirdly, only allocated as has happened this year, K1.8 billion for the whole year, then we are denying the people justice.
Sir, I would like to end by supporting the motion on the Floor of the House that the candidate be ratified as a member of the Judicial Complaints Authority. I would also like to thank the committee once again, for giving us such elaborate information.
I thank you, Sir.
The Deputy Minister of Energy and Water Development (Mr Sichilima): Mr Speaker, I stand to support the mover and the seconder of this motion. It is non-controversial and I will be very brief. I want to declare interest that I know the lady in question from the time we were young.
Laughter
Mr Sichilima: Mr Speaker, I have known Mrs Chiti for a long time up to the time she went to join Contract Haulage.
Sir, I want to begin by thanking the committee for having done a very good job and making the report very easy and simple to understand. It was a very good report. Your committee did a very commendable job.
Mr Speaker, I will be failing in my duties if I do not thank the appointing authority for recognising such an outstanding lady in society, looking at what she has done in the past and what she is doing now. This means that we have no doubt that the committee belaboured to question her allegiance or compromise. From the record, it shows that she has never done that.
Sir, even just by name, Kambole, to those that may want to know, it is a very rich name in Mambwe and Lungu culture.
Laughter
Mr Sichilima: It is from the royal family. It is a spirit we believe in.
Mr Speaker, with regard to what the previous debater said about gender, this is what we ought to do. For instance, the mover and the seconder are both men. This shows that even the men folk supported the womenfolk in picking the right candidate.
Sir, I do not wish to waste much of your time. I want to strongly support this motion.
I thank you, Sir.
Mr Mtonga (Kanyama): Mr Speaker, I thank you. I am happy to catch your eye today. I would like to join my colleagues who have commended the Chairman of your committee and his team for doing a good job.
Sir, I just have a few brief remarks to make on this. First of all, in supporting the ratification of Mrs Chiti, I would like to appeal, using the Floor of this House, to the Judicial Complaints Authority to begin to be relevant in the dispensation of justice in our country. There is, at the moment, a perception that there is one set of justice for the rich and another for the poor. The speed at which some cases are handled, when you are rich and able to afford three to four high profile lawyers, is faster than ordinary people of Kanyama that have nowhere else to go except to Legal Resources Foundation, if they can.
I, therefore, welcome wholeheartedly the declaration by the candidate, in this case, who is being ratified that one of the major jobs she thinks she will have to undertake in which there is obvious deficiency is the area of sensitising relevant groups of people. I hope to see in this one a system that can attract more people wherever they are in Zambia to address this authority whenever they feel aggrieved about being left out. One of the worrying things, for example, is that visits to prisons or courts by authorities like us should really be proactive and not just wait for complaints to be addressed to the authority. They could do a lot of good work for Zambians if she and her team went round the prisons. You have, for example, at the moment the maximum prison. We only have one, that is Mukobeko, where we are supposed to keep condemned prisoners. When you keep a condemned prisoner, there are specific statutory rules that apply on how you keep them. At the moment, the Government is even breaking those laws in keeping condemned prisoners. They are over crowded and the reason is very good, indeed. His Excellency the President has himself said that he will never sign a death warrant.
Now having said that, organisations, such as the Judicial Complaints Authority should do their homework on his behalf. What are the consequences if warrants to hang are not signed? Do you leave them to rot at the maximum condemned cells where they now live six to one cubicle instead of one person to a cubicle and all waiting indefinitely? Surely, you could commute such sentences. You could advise that the President or whatever other authority commutes those sentences where people have been waiting for donkeys of years, whether they are hanging tomorrow or not.
You also have in certain places appeals that have been heard because judgment has never been delivered. I know of one case where one prisoner is waiting up to 10 years. No judgement has been passed. The appeal has been heard. I am sure that we should find through this authority a system in which they read returns from the prisons authorities how many people are locked up, for how long and what they are waiting for. When the authority reads those statistics, they will be able to administer justice correctly. They will be able to see the tell-tell signs of situations where people are kept indefinitely awaiting court processes, especially the poor.
Sir, I said that I only had these few remarks to say and I would once again like to commend your committee for doing a fantastic job.
Thank you, Sir.
Mr Chimbaka (Bahati): Thank you very much, Mr Speaker, for affording me this opportunity to debate on the issue on the Floor.
I want to commend, Mr Speaker, your committee that sat to investigate and come up with this beautiful recommendation which is indisputable. Justice is key. This is the reason people fought for independence. It was because we wanted justice to prevail. Just like the saying goes, justice delayed is equally justice denied. We would want to see this time around this authority to be functional right up from the onset. The people of Zambia cannot enjoy freedom when justice does not prevail, when people are made to stay in gallows, prison and in suspense for many years. This is detrimental to the development and enjoyment of independence of the Zambians.
Mr Speaker, just like the Human Rights Commission, the Judicial Complaints Authority will be irrelevant if Government does not appropriate money enough for it to be very functional. The Human Rights Commission for sometime, if I may refer to it, has existed, but has done very little because it is much incapacitated to carry out its function fully to enhance human rights and enjoyment for the Zambians.
Mr Speaker, we have also a lot of commissions which have been authorised and regulated by this august House, which are inadequately funded. As for the Judicial Complaints Authority, my plea is that Government must prioritise issues of funding to such important commissions because the freedom that we fought for, enjoyment of human rights, especially that man is first and any other thing is second…
Hon. PF Members: Hear, hear!
Mr Chimbaka: …we need to be seen to be committed to what we legislate on and avoid window dressing issues just for the sake of pleasing the donors out there in order for them to support us. As Zambia is a sovereign and independent state, we would want to see that commitment is made and let the existing commissions perform their functions independently. If they need to be funded, let them be funded as appropriated for.
I thank you, Sir.
Hon. PF. Members: Hear, hear!
Mr Sikota (Livingstone): I thank you, Mr Speaker, for giving me this opportunity to contribute to this motion.
Like the speakers who spoke before me, I would like to commend the Chairperson of the committee who is the mover of the motion and the seconder and also in the way that the report itself has been put together. It makes debating on the motion extremely simple because everything is straightforward and non-controversial, and hence I will not waste too much time.
Mr Speaker, unlike the hon. Deputy Minister for Energy and Water Development, I have not known Mrs Lannette Kambole Chiti since childhood.
Laughter.
Mr Sikota: However, I first knew her in 1984. That is when she came to dwell under me.
Mr Mtonga: Under you?
Laughter
Mr Sikota: For the benefit of my neighbour here, in the legal profession, when we say somebody is deviling under you, it means that they are under tutelage. It is a legal term. So, I hope that is understandable. So, she came to dwell under me in 1984 at the firm of Solly Patel Hamir and Laurence. I must say that she was an exemplary student and as a result, she also managed to pass the Bar Examinations with flying colours. I would like to take a bit of that credit since she was dwelling so hard under me.
Laughter
Mr Sikota: Mr Speaker, I would like to concur with the hon. Member for Kabwata when he touched on one issue, which is that of possible conflict of interest. Like him, I agree that we are not casting doubt on this particular nominee but it would probably be better to help people serving on the Judicial Complaints Authority, to be people who are not likely to be going before the same Judges against whom they may receive complaints. There is sufficient number of retirees or people who are not in active practice. These could be the people who are put into this commission because I think that the potential for conflict is there and wherever there is potential, we should take care to avoid it.
This particular appointment is important in that it goes a bit of the way in having some gender representation. The commission is still very far from acceptable percentages in terms of gender and I hope that the appointing authorities, when there are further vacancies that come up, will take that into consideration so that we can get the gender representation to be closer to what our SADC and AU protocols are.
Mr Speaker, one of the other things which I think is important in terms of this nominee, is that it brings about some kind of age balance because looking at the composition of the current people on the commission, they are all rather advanced in age and it is likely that most of them would retire at the same time. This now brings about the possibility that even if that were to happen, there would still be some continuity in that there is somebody of a younger age in the commission and I think that is commendable.
Lastly, Mr Speaker, I would like to touch on the issue of the public’s knowledge of the existence of this commission. Being somebody who is in the legal practice, I am aware that quite a number of people are not aware of the existence of this commission …
Mr Mtonga: That is true.
Mr Sikota: … and usually you have to tell them about it and they will be totally surprised that such a body exists. Now, those are people who are lacking in that they have managed to see a lawyer and he or she has not told them of the existence of the commission. I hope that the commission will undertake extensive sensitisation of the public and extensive advertising through various media and programmes so that people will know that there is this avenue because the work of the commission is very important in terms of governance. It is an important check and balance. It is not one of the traditional checks and balances that we talk of but it is a check and balance. With those few words, I want to support the motion.
I thank you, Sir.
The Vice-President (Mr R. B. Banda): Mr Speaker, in contributing to the debate on the motion on the Floor of the House, allow me to join hon. Colleagues in thanking the mover of the motion, the seconder and the entire committee for their comments and thorough work. I also wish to extend gratitude to hon. members who have contributed to this motion for their constructive debates.
Mr Speaker, you have given the opportunity to all sections of this House, learned lawyers as well as us ordinary Members of this House to contribute. The Government appreciates the support that the nominee has received from this august House. With this show of support, I am sure that the nominee will discharge her responsibility impartially and to the best of her ability given her vast experience which I am confident will in turn positively contribute to the operations of the authority.
I have also noted that all our investigative wings did not find anything wrong with the nominee. This goes to show that the nominee is of outstanding character in society and is suitably qualified to serve as a member of the Judicial Complaints Authority. I am equally thankful to the House for its commitment to supporting the appointment of women to positions of influence in line with our policy of engendering all our public institutions.
Once again, I wish to thank all hon. Members who have openly contributed, including those who have shown support in any other form.
I thank you, Sir.
Mr C. K. B. Banda: Mr Speaker, my task is made simple by the fact that the House has given unanimous support to the request for ratification of a deserving nominee. This demonstrates that we, as hon. Members of this House, are very sensitive when it comes to gender matters. With these few words, I wish to thank every hon. Member of this House for ably and unanimously supporting this nominee.
Hon. Members: Hear, hear!
Question put and agreed to.
ADJOURNMENT
The Vice-President : Mr Speaker, I beg to move that the House do now adjourn.
Question put and agreed to.
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The House adjourned at 1734 hours until 0900 hours on Friday,13th July, 2007
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