Debates- Wednesday, 11th July, 2007

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DAILY PARLIAMENTARY DEBATES FOR THE FIRST SESSION OF THE TENTH ASSEMBLY

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

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REPRIMAND ON MR WILLIE NSANDA, MP, BY THE HON. MR SPEAKER ON WEDNESDAY, 11TH JULY, 2007

HON. MR SPEAKER’S ORDERS

Mr Speaker: I order the Hon. Member for Chimwemwe Parliamentary Constituency, Mr Willie Nsanda, MP, to stand behind the Bar of the House by the main entrance to the Chamber.

Mr Willie Nsanda, MP, was escorted to the Bar by the Sergeant-At-Arms.

Mr Speaker:

Background

Hon Members, I wish to inform you that, on 24th January, 2007, I received a complaint jointly lodged by the then Hon. Deputy Minister for Sport, Youth and Child Development, Hon. Patricia Mulasikwanda, MP, and the Deputy Minister for Home Affairs, Hon. Grace Njapau, MP, against Mr Willie Nsanda, Member of Parliament for Chimwemwe Parliamentary Constituency, Dr B. Chishya, Member of Parliament for Pambashe Parliamentary Constituency, and Mr Davis Mwila, Member of Parliament for Chipili Parliamentary Constituency.

In their letter of complaint, the two Hon. Deputy Ministers alleged that the three Hon Members of Parliament, namely, Mr W. Nsanda, MP, Dr B. Chishya, MP, and Mr D. Mwila, MP, uttered some disparaging remarks against them during the course of the Post-Election Seminar for hon. Members of Parliament, held in the National Assembly Chamber on 18th January, 2007. The complainants alleged that the trio called them ‘Amahule’ (meaning prostitutes). Their complaint reads in part as follows:

“Both of us are widows who lost our good husbands and have not been known to be going out with any man, including the three Members of Parliament in question. The above-mentioned hon. Members of Parliament cannot insult us publicly and call us names in full view of people in the gallery and UN Diplomats. The insults by these Honourable Members of Parliament have reduced our standing in society and, had it been said outside the precincts of Parliament, we would have rushed to court for remedy.”

In accordance with Parliamentary Procedure and Practice, I referred the complaint to the Committee on Privileges, Absences and Support Services for their determination.

Procedure Followed in Determining the Matter

Hon. Members, in accordance with Parliamentary Procedure and Practice and in line with the principle of natural justice, the Office of the Clerk of the National Assembly wrote to the three Hon. Members named in the letter of complaint asking them to exculpate themselves from the accusations levelled against them.

In their letters of response, all the three accused hon. Members denied making any disparaging remarks against the two hon. Deputy Ministers during the Post-Election Seminar, but confirmed that they heard the remarks.

Hon Members may wish to know that, on the material date, there was no verbatim recording of the proceedings of the Seminar because the recording equipment had broken down. However, the proceedings of the Post-Election Seminar were recorded by rapporteurs who did not capture the alleged disparaging remarks in their record.

However, the two hon. Deputy Ministers mentioned the hon. Deputy Minister of Works and Supply, Mr B. Tetamashimba, MP, Major R. Chizyuka, MP, and Ms J. C. Mumbi, MP, as some of the Members who heard the alleged disparaging remarks made against them. 

The Office of the Clerk wrote to the witnesses mentioned by the two hon. Deputy Ministers requesting them to confirm the claim that they heard the disparaging remarks being made and give their account of the incident.

In her reply dated 23rd February, 2007, the Hon. Member for Munali Parliamentary Constituency, Ms J. C. Mumbi, MP, stated, in part, as follows:

“The word “amahule” was said in the House and everybody who was in the Chamber heard. It was difficult to know where those words came from because of the confusion which was in the House.”

In his reply dated 26th February, 2007, the Hon. Deputy Minister of Works and Supply, Mr B. Tetamashimba, MP, stated, in part, as follows:

“Unfortunately, I did not hear Hon. Mwila, MP, and Hon. Dr B. Chishya, MP, insult the two Hon. Deputy Ministers, but I can confirm on Hon. Willie Nsanda, MP.”

In his reply of 28th February, 2007, Hon. Major R. Chizhyuka, MP, stated, in part, as follows:

“I hereby, confirm that on that, material day, there was a physical threat to my person by some hon. Members of Parliament of Patriotic Front Party. In the middle of all that noise and near-confusion, Hon. Grace Njapau, MP, Deputy Minister of Home Affairs, and Hon. Patricia Mulasikwanda, MP, crossed the floor of the House to come and sit on either side of where I was seated. It was in the process of their sitting next to me that I heard very clearly and loudly the word ‘amahule’ shouted by some Hon. Members.  I turned round saw and heard Hon. Willie Nsanda, MP, saying ‘amahule.’

“Madam, I confirm that the said words were said by Hon. Willie Nsanda, MP.  Although I could not put a tag on the others who shouted that word, I am very firm on Hon. Willie Nsanda, MP, because I saw and heard him say those words. That is what I know.”

Hon. Members may wish to know that the allegations levelled against the three hon. Members by the hon. Deputy Minister of Home Affairs, and the then hon. Deputy Minister of Sport, Youth and Child Development raised a question of breach of Parliamentary Privileges. It is against the Rules of Parliamentary Etiquette and the provisions of the National Assembly (Powers and Privileges) Act. 

In order to give the hon. Member for Chimwemwe Parliamentary Constituency, Mr W. Nsanda, MP, a fair hearing, the hon. Member summoned the hon. Member for Mfuwe Parliamentary Constituency, Mr H. M. Malama, MP, the hon. Member for Kamfinsa Parliamentary Constituency, Mr A. M. Nyirenda, MP, and the hon. Member for Kalulushi Parliamentary Constituency, Mr A. Simama, MP, as his witnesses. The named hon. Members testified before the Committee and were cross-examined by the two hon. Deputy Ministers.

After listening to all the evidence submitted before them, and thoroughly examining the same, the Committee on Privileges, Absences, and Support Services established a prima facie case of breach of Parliamentary Privileges and Contempt of the House against Mr W. Nsanda, MP, but not against Mr D. Mwila, MP, and Dr B. E. Chishya, MP.

The Committee then resolved that Mr Willie Nsanda, MP, should be reprimanded at the Bar of the House by the Hon. Mr Speaker for insulting the two hon. Deputy Ministers. I now wish to address you, Mr Willie Nsanda, MP.

Hon. Members, in accordance with the resolution of the Committee on Privileges, Absences and Support Services, I inform you, Mr Willie Nsanda, MP, that your action of uttering disparaging remarks against the two hon. Deputy Ministers amounts to breach of Parliamentary Privilege.

Section 23 of the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, states that:

“23. Any person shall be guilty of an offence who assaults, obstructs or insults any member or officer going to or coming from the precincts of the Assembly Chambers;

 “Any person shall be guilty of an offence who:

“(a) assaults, obstructs or insults any Member going to or from the precincts of the Assembly Chamber.”

Furthermore, you may wish to know that it is against the rules of Parliamentary Etiquette for an hon. Member to use words containing insinuations and offensive and unparliamentary expressions. Paragraph 32 of Chapter five of the Members Handbook provides that:

“32. Members should not use words containing insinuations and offensive and unparliamentary expressions.”

Hon. Members, It is clear from what I have quoted that insulting an hon. Member is a breach of Parliamentary Privilege, an offence punishable by the House.

In addition, M. N. Kaul and S. L. Shakdher, in their book entitled “Practice and Procedure” 5th Edition, on pages 285 to 286, state as follows:

“To molest a Member and others on account of his conduct in Parliament is breach of privileges. Members and others have been punished for molesting Members using insulting or abusive language against Members within the precincts of the House. The privilege against assault or molestation is available to a Member only when he or she is obstructed or in any way molested while discharging his/her duties as Member of Parliament.”

Hon. Members, the House cannot entertain this kind of language. There ought to be a difference between the language spoken by a man on the street and that by an hon. Member in this august House. Using the language such as “amahule” in this House by you, Mr Willie Nsanda, is not only a betrayal of the confidence of the people of Chimwemwe Parliamentary Constituency who elected you, but also an insult to the confidence and trust this nation has placed on the two hon. Deputy Ministers. The people of Zambia cannot have “amahule” in this hon. House.

Mr Willie Nsanda, you should also know that by making such disparaging comments, you, in essence, undermined the dignity of the House. This constitutes contempt of the House which is a breach of the trust that the House and the nation at large have in you as a Member of Parliament.

It is particularly disappointing to note that you, Mr Willie Nsanda, are not a new Member in this House.  You have been a Member long enough to know how you ought to conduct yourself honourably in accordance with the rules of Parliamentary etiquette which are made available to Members when they first come to Parliament, and which the Chair continues to emphasise and remind hon. Members about throughout the life of Parliament. I, therefore, seriously urge you, Mr Willie Nsanda, MP, to reorient yourself with the provisions of the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, the National Assembly Standing Orders and, indeed, with any other works on Parliamentary Procedure and Practice.

Hon. Members, I wish to take this opportunity to caution all Members that this House will not entertain any form of misconduct that undermines the authority and dignity of the House. The House will not hesitate to impose necessary and appropriate sanction against anyone who breaches Parliamentary Privileges.

In the name, and by the authority, of the House, it is now my unpleasant duty to reprimand you and admonish you, Mr Willie Nsanda, MP, for making disparaging remarks at Hon Patricia Mulasikwanda, MP, and Hon Grace Njapau, MP. This reprimand shall be recorded in the Votes and Proceedings of the House.

You may wish to note, Mr Willie Nsanda, MP, that, in making their decision, the Committee on Privileges, Absences and Support Services took into consideration the fact that you were a first offender requiring some leniency. The House may not be as lenient in future.

Before I order you to resume your seat, I direct you, Mr Willie Nsanda, MP, to make a public apology to the two hon. Deputy Ministers and to the House and the nation at large for your unfortunate conduct.

Mr Nsanda: Mr Speaker, I would like to apologise unreservedly to the two hon. Deputy Ministers and the House. I wish to promise, Sir, that the said word will never be used in this House in future.

I thank you, Sir.

Hon. Members: Hear! hear!

Mr Willie Nsanda resumed his seat.
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Business was suspended from 1515 hours until 1605 hours.

Mr Speaker: When business was suspended, the House was considering Question No. 425 on the Order Paper. The House will recall that we could not proceed with issues on the Order Paper for technical reasons. I had requested the hon. Members to take an early coffee/tea break. Instead, most hon. Members went elsewhere to hold a meeting which was not authorised. As a result, we are even later than usual. Anyway, that will be looked into later.

I am informed that we are now on the record and we have to start from the top. I shall, therefore, call upon the hon. Member for Lumezi to move the first Question for Oral Answer on the Order Paper.

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QUESTIONS FOR ORAL ANSWER

REHABILITATION OF LOCAL COURTS AND STAFF HOUSES IN LUMEZI PARLIAMENTARY CONSTITUENCY

425. Mr I. Banda (Lumezi) asked the Minister of Justice when local courts and staff houses in the following areas in the Lumezi Parliamentary Constituency would be rehabilitated:

(a) Zumwanda;

(b) Chikomeni;

(c) Mwasemphangwe;

(d) Kazembe;

(e) Mwanya; and

(f) Chitungulu.

The Minister of Justice (Mr Kunda): Mr Speaker, due to budgetary constraints, the Government is unable to rehabilitate the local courts and staff houses in the named areas in the Lumezi Parliamentary Constituency this year.

For this year, the budgetary allocation for the Eastern Province will only be able to rehabilitate the Subordinate Court in Chipata and Tembwe, Manguyakazimule, Kalindawalo and Ndake local courts. Additionally, Kambombo Local Court in Chama will be constructed.

Rehabilitation of the local court buildings and staff houses at Zumwanda, Chikomeni, Mwasemphangwe, Kazembe, Mwanya and Chitungulu will be carried out when the budgetary allocation improves.

I thank you, Sir.

TURNING NATURAL RESOURCES DEVELOPMENT COLLEGE INTO A UNIVERSITY AND OFFERING DIPLOMA COURSES BY COLLEGES OF AGRICULTURE

426. Mr Mbewe (Chadiza) asked the Minister of Agriculture and Co-operatives:

(a) when the Natural Resources Development College would be turned into a university; and

(b) when the colleges of Agriculture in Mpika and Monze would offer diploma courses.

The Deputy Minister of Agriculture and Co-operatives (Mr Mulonga): Mr Speaker, there are no immediate plans to turn the Natural Resources Development College (NRDC) into a university due to insufficient infrastructure, among other reasons. However, NRDC is an affiliate college of the University of Zambia (UNZA) and programmes offered by the college are underwritten by UNZA.

The Zambia colleges of agriculture in Mpika and Monze will start offering diploma courses in agriculture in September, 2007. Further, a diploma in Agro-Forestry programme at Mpika will soon be introduced once discussions with the Copperbelt University and other stakeholders are concluded.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, how far has the ministry gone with the repossession of land that was grabbed from the Natural Resources Development College both at the college and at the ranch because the college depends on that land to come up with infrastructure that the hon. Minister is saying is not adequate enough to turn the college into a university?

Mr Mulonga: Mr Speaker, firstly, the land for the Natural Resources Development College and other institutions of agriculture inclusive, was demarcated, but not given title deeds. So, the first step we are taking now is to liaise with the Ministry of Lands so that they give us our title deeds and then later on repossess the land that has been encroached.

I thank you, Sir.

Mr Mwiimbu (Monze): Mr Speaker, I would like to find out from the hon. Minister of Agriculture and Co-operatives whether he is aware …

Dr Chishimba: On a point of order, Sir.

Mr Speaker: No, please take your sit!

Mr Mwiimbu: Is the hon. Minister of Agriculture and Co-operatives aware that, in fact, NRDC has better infrastructure than the University of Zambia? If he is, what other reasons has he for not conferring university status on the college?

Mr Mulonga: Mr Speaker, first and foremost, I said insufficient infrastructure and not dilapidated infrastructure. So, insufficiency does not correlate with better. What I meant was that the infrastructure which is there now is not adequate enough to accommodate more people.

Secondly, there are schools at the University of Zambia where some of the people who graduate from the NRDC and would like to further their studies can go.

I thank you, Sir.

Mr Muntanga (Kalomo): Mr Speaker, is it not true that there is already an agricultural faculty at the University of Zambia, that the NRDC is offering diploma courses and that the two colleges of Agriculture are offering certificate courses? It is for that reason that the NRDC should be upgraded to university level because even the diplomas offered by the college are underwritten by the University of Zambia.

Mr Mulonga: Mr Speaker, that is a new question. First of all, I said that the Monze College of Agriculture offers certificate courses, but the 2007 intake will be awarded diplomas at the end of their course. The same applies to any other graduates from other colleges. They can enrol in the School of Agriculture at the University of Zambia because they are affiliated to the University of Zambia. So, the progression is smooth.

I thank you, Sir.

Dr Machungwa (Luapula): Mr Speaker, the hon. Minister said that they will not repossess the land from those who have encroached until when they get title deeds. Does the hon. Minister not run the risk of allowing those who have encroached to build and invest a lot of money in those areas where they have encroached? When the hon. Minister comes later to try to repossess the land, will he not risk running into legal suites and acrimony? Why not repossess the land now?

Mr Mulonga: Mr Speaker, all the land belongs to the Ministry of Lands. Therefore, even those who are encroaching are committing an offence. They are not supposed to build illegally. So, whether they have spent money or not, as long as they are doing something wrong, they will be punished.

I thank you, Sir.{mospagebreak}

HIV/AIDS COUNSELLORS

427. Ms Kapata (Mandevu) asked the Minister of Health whether the ministry had any plans to train HIV/AIDS counsellors in local languages.

The Deputy Minister of Health (Dr Puma): Mr Speaker, the Ministry of Health has plans to train counsellors in local languages though, at the moment, all the training materials are in English.

Currently, when counsellors are carrying out their programmes in the field and when training community HIV/AIDS counsellors, they use local languages. Local languages are used by our trainers to enable learners understand the subject matter. However, for the sake of uniformity, translation of training materials has been considered as a priority and has, therefore, been budgeted for in this year’s Budget under Global Funds.

I thank you, Sir.

Ms Phiri (Luanshya): Mr Speaker, much as we would like to appreciate the answer given by the hon. Minister, what is important is the knowledge that people acquire from the training because it empowers them.

Mr Speaker: Order!

Ms Phiri: So, if they are learning something, it would be better …

Mr Speaker: Order! The hon. Member is debating. May you ask your question?

Ms Phiri: Mr Speaker, I said much as we appreciate the knowledge people are acquiring verbally, I would like to know if they are able to translate the verbal teaching into practical teaching by way of teaching material.

Dr Puma: Mr Speaker, in my response, I mentioned that for the sake of uniformity, translation of training materials has been considered as a priority and has been budgeted for in this year’s Budget under Global Funds.

I thank you, Sir.

Dr Kalumba (Chienge): Mr Speaker, thank you for acknowledging that I am no longer invisible.

Laughter

Dr Kalumba: The object of the question and the answer by the hon. Minister suggests improved understanding between the patient and the health provider. Is the answer given by the hon. Minister suggesting that a policy of local languages will be extended to the training of doctors, nurses and clinical officers?

The Minister of Health (Dr Chituwo): Mr Speaker, whereas, as a general principle, one would assume that would be the way to go. However, in the area of HIV/AIDS counselling, this is a subject matter which has to have the largest portion of stakeholders conversing and giving information in the various local languages. Mr Speaker, the training of medical doctors, as an example, is confined to a smaller group of people who adapt that knowledge and skill for the practice of medicine.

I thank you, Sir.

Mr Mukanga (Kantanshi): Mr Speaker, I am aware that matters of HIV/AIDS do not leave out the people who have hearing impairment. I would like to find out whether there are any plans to train counsellors in sign language.

Dr Chituwo: Mr Speaker, there are no plans to start training counsellors in sign language. This is a very important question, but it is a question of having the ability, resources and enough teachers because this is the starting point. We need to have enough teachers who are able to communicate or instruct in sign language.

I thank you, Sir.

EMPLOYMENT STATUS OF YOUTHS

428. Mr Nyirenda (Kamfinsa) asked the Minister of Sport, Youth and Child Development:

(a) what the employment status of youths was from ages eighteen to thirty-five; and

(b) what the employment status of youths would be by 2015

Mr Speaker: Order! The hon. Minister of Sport, Youth and Child Development is not in the House and I shall call upon His Honour the Vice President to take the question.

Laughter

The Vice-President (Mr Rupiah Banda): Mr Speaker, I am sorry, we have been taken by surprise. We do not have a reply.

I thank you, Sir.

Mr Speaker: The question has lapsed.

Hon. Members: Aah!

PEASANT FARMERS IN LUENA

429. Mr Milupi (Luena) asked the Minister of Agriculture and Co-operatives:

(a) what measures the Government had taken to ensure that peasant farmers in the Luena Parliamentary Constituency grew surplus food in order to prevent the current catastrophic food shortages in the area; and

(b) whether the ministry had plans to enhance the responsibilities of agricultural extension officers by providing them with agricultural equipment such as tractors and ploughs which peasant farmers could hire in order to increase food production.

Mr Mulonga: Mr Speaker, in order to improve food security at farm level, the Government has been promoting crop diversification and conservation farming among smallholder farmers throughout the country.

Further, farmers are being encouraged to join farmer groups or organisations or form co-operatives through which the farmers would benefit from the demonstrations of available technologies in irrigation, sustainable crop production practices, and subsidised agricultural inputs from the Fertiliser Support Programme.

Mr Speaker, currently, the Ministry of Agriculture and Co-operatives does not provide agricultural equipment, that is, tractors and ploughs for hire to farmers. However, plans are underway for the establishment of mechanisation units throughout the country where all categories of farmers could hire agricultural equipment. The private sector is being encouraged to take up the challenge.

The most feasible form of motorised mechanisation applicable in Luena Constituency is power tiller units. For Luena Constituency, with a large cattle production, establishment of animal draught power hiring units is the better option for increased food production.

I thank you, Sir.

Mr Milupi: Mr Speaker, is the hon. Minister aware that because of the decimation of the cattle population from 1.5 million to about 500,000, the number of oxen available for farmers to till the land has diminished by the same ratio in Luena Constituency in particular, and Western Province in general? What is he doing to ensure that the Cattle Restocking Programme that has been applied in the Southern Province is also extended to the Western Province so that the farmers can produce enough food for themselves?

Mr Mulonga: Mr Speaker, the Cattle Restocking Exercise started with the Southern Province and will be extended to the Western Province this year. Those concerns have been taken care of in the programme.

I thank you, Sir.

Mr Sinyinda (Senanga): Mr Speaker, I would like to find out from the hon. Minister whether he is aware that Luena Parliamentary Constituency and Western Province in general require two planting seasons; the first one in August/September and the other in November?

Secondly, I would like to find out whether there is a deliberate programme by the Ministry of Agriculture and Co-operatives to encourage people to diversify from the tradition of growing maize to rice and cassava so that there is food security?

Mr Mulonga: Mr Speaker, the weather pattern in the Western Province is rather different from other parts of the country. That is why, for example, this year, we have encouraged the private sector to distribute fertiliser early to those areas where early farming is needed. So, we are aware about the weather pattern in the Western Province. What remains is the hon. Member of Parliament to work with our District Agricultural Co-ordinator’s Office to ensure that farmers are sensitised to prepare their land accordingly and, as a ministry, we will help in whatever way possible.

I thank you, Sir.

Dr Scott (Lusaka Central): Mr Speaker, I just wanted to reinforce the last question which was, if I heard correctly, about diversification. The Luena area has Kalahari sand and it is unsuitable for both fertiliser maize production and conservation farming as we currently understand it. My question is, like the last one, what practical measures, in kwacha and ngwee, rather than measures to be judged in rhetoric is his ministry putting in place to support people who are diversifying in Luena, and if he wishes to add, elsewhere?

Mr Mulonga: Mr Speaker, first and foremost, we have the research institutes like the Golden Valley Agricultural Research Trust (GART). That is where we are developing new seeds to suit different types of weather patterns in our country. Therefore, we are training our farmers so that when our researchers develop these seeds which can easily grow in those areas, the Agricultural Extension Officers go out to tell our farmers what type of crop can grow in those areas. As a ministry, we are already conducting crop research to see what type of crop can suit those parts of our country.

I thank you, Sir.

BGRIMM AND MUFULIRA CAGE ACCIDENTS

430. Mr Chanda (Kankoyo) asked the Minister of Mines and Minerals Development:

(a)  what the main findings and recommendations of the Task Force that were established to investigate the Bgrimm and Mufulira cage fatal accidents were; and

(b)  how much compensation was paid to each victim of the two accidents above.

The Deputy Minister of Mines and Minerals Development (Mr M. Mwale): Mr Speaker, the report of the Technical Committee that was appointed to investigate the Bgrimm accident identified the following possible causes:

(a) a metal object or detonator in the emulsion mixing tank could have ignited the explosion; or

(b) a chemical contamination of the emulsion matrix could have ignited the explosion.

The Technical Committee made the following recommendations:

(a) the Explosive Act and Regulations be reviewed and updated;

(b) the Mines Safety Department should design and distribute a standard magazine register in accordance with the requirements of Explosives Regulation 516 (3);

(c) Bgrimm Factory be reconstructed and allowed to operate under more stringent safety measures.

The Findings of the Technical Committee on the Mufulira Cage Accident were as follows:

(a) the middle deck of the cage was overloaded;

(b) there was an impact on the bulged cage against the steel member in the shaft;

(c) there was poor radio communication between the cage tender and the winding engine driver; and

(d) the shaft management system was poor.

The Technical Committee made the following recommendations:

(a) Mopani Copper Mines Plc should reinstate crowd control measures at shaft stations with the use of Mine Police personnel. This must apply to all mining companies and must be enforced by management and monitored by the Mines Safety Department;

(e) Mopani Copper Mines Plc should reinstate and use safe shaft and mine operating standards under the supervision of the Mines Safety Department;

(f) the Mines Safety Department should work in close collaboration with the Attorney-General Chambers to prosecute criminal cases arising from inquests; and

(g) the Mines Safety Department should train its inspectors in basic prosecution.

The ministry is looking into the recommendations and some of them have been implemented. These are:

 Strengthening the Mines Safety Department

(i) the Government has increased the fleet of inspection vehicles in the department from one in 2005 by procuring three new field vehicles in 2006; and

(ii) the Government recruited fourteen new inspectors in 2005 which increased the number of inspectors to twenty in 2006.

Construction of the BGRIMM Factory

The Government has allowed BGRIMM to construct a factory under stringent measures.

Compensation paid to each victim of the two accidents

(i) BGRIMM Accident

A total of K2.5 billion was paid in compensation by BGRIMM Explosives Zambia Limited to the victims of the accident. The appointed administrators of the estates of the deceased received payments ranging between K48 million and K166 million. Over and above the figures cited, the Chinese Government, on humanitarian grounds and without prejudice, paid out to each family, K47,813,633, through the Copperbelt Provincial Administration, and that was by cheque.

(ii) Mufulira Cage Accident

Compensation by Mopani amounted to K582,138,472 and PROSEC AMCO, the employer of the victims, paid K24,864,064, bringing the total amount to K607,002,536. Compensation to the bereaved families ranged between K8 million and K194 million.

Mr Speaker, allow me to lay the payment schedules on the Table.

I thank you, Sir.

Mr M. Mwale laid the paper on the Table.

Hon. Government Members: Hear, hear!

Mr Chanda: Mr Speaker, looking at the low levels of compensation, especially from PROSEC AMCO, I would like to find out what the Government is doing in order to enforce the rule that there should be adequate compensation to those who meet their fate in mine accidents.

Mr M. Mwale: Mr Speaker, compensation is determined by the courts. If the hon. Member listened carefully, in the case of the Chinese, they paid over and above what the courts ruled. They paid over K47 million to each family. So, it is an issue of the law.

I thank you, Sir.

Mr Mukanga: Mr Speaker, the accidents took place in 2005 and the report came out ninety days after the accidents. It is about two years now since the accident happened and the Government has not implemented the recommendations. I would like to find out where the new Explosives Act, which was recommended, is? What action has been taken against the negligent engineers who were on site during the time of the accident/

Mr M. Mwale: Mr Speaker, the ministry has a Mines Safety Department. That is a department which is enforcing the mining regulations on the ground. I would like to confirm to this House that our Mines Safety Department has been working very hard. That is why I informed this House that the fleet of vehicles was increased to facilitate their inspections to the mines.

I thank you, Sir.

Mr Kambwili (Roan): Mr Speaker, I would like to find out if it is morally right for lives of both the contractors and the employees of Mopani to be lost in such a manner. Why should others be paid K8 million for loss of life and others be paid K192 million? What has happened to the cage tender for the Mopani accident since the report indicates that it was caused by overloading?

Mr M. Mwale: Mr Speaker, I do not have a definite answer on what disciplinary action was taken against the cage tender, but it has been stated that the Mines Safety Department has been instructed to ensure that at every station, mine police are present so that cages are not overloaded. That is being implemented.

I thank you, Sir.

Mr Simama (Kalulushi): Mr Speaker, I would like to find out what measures the Government has put in place to ensure that such type of accidents do not occur again since BGRIMM is showing an interest to put up a similar plant again?

Mr M. Mwale: Mr Speaker, in my statement, I mentioned the recommendations which were made on the BGRIMM accident. The first one was to review the Explosives Act and Regulations.

Secondly, the Mines Safety Department should design and distribute a standard magazine register in accordance with the requirements of the Explosives Regulations.

Thirdly, the construction of the factory should be allowed, but to operate under more stringent safety measures. Those safety measures could only be monitored by the Mines Safety Department which is qualified to do so.

I thank you, Sir.

Dr Katema (Chingola): Mr Speaker, I would like to find out the disparity in the compensation of the people who died at Mopani Cage Accident. The lowest got K8 million and the highest K192 million. Why?

Mr M. Mwale: Mr Speaker, I am sure the hon. Member is aware that there are categories of employees that are engaged in operations. As much as it may be so, there is a difference between senior staff and general workers. Therefore, disparities arise out of that.

I thank you, Sir.

Mr Muyanda (Sinazongwe): Mr Speaker, the hon. Deputy Minister has said that the Mines Safety Department is working very hard, but why is it that the finished and processed explosives are still being imported and transported on our roads up to the Copperbelt without the escort of the Mines Safety Inspectorate?

Mr M. Mwale: Mr Speaker, there are laid down guidelines on how to import explosives. Any truck that carries explosives is supposed to have an escort vehicle and not necessarily an inspector from the Mines Safety Department and that is being done.

I thank you, Sir.

Mr D. Mwila (Chipili): Mr Speaker, what is the formula which was used to compensate, especially Prosec Armco Employees who died?

Mr M. Mwale: Mr Speaker, I alluded to that question. There are compensation formulas laid down by law and this is determined by the courts. If the hon. Member wanted me to get the details, I am more than glad to receive him in my office even tomorrow at 0600 hours. I will give him the figures.

I thank you, Sir.

Laughter

REHABILITATION OF DAMS IN DUDNDUMWENZI PARLIAMENTARY CONSTITUENCY

431. Mr Sing’ombe (Dundumwenzi) asked the Minister of Energy and Water Development:

(a) whether there were dams earmarked for construction this year in the Dundumwenzi Parliamentary Constituency;

(b) how many dams were rehabilitated from 2001 to 2006 in the above constituency; and

(c) how much money was spent to rehabilitate the Kalemu Dam in Kasukwe Ward in the same constituency.

The Deputy Minister of Energy and Water Development (Mr Malwa): Mr Speaker, the Government has plans to construct and rehabilitate dams in all needy places, especially drought-prone areas of Zambia. This year, we have plans to construct three dams, but due to financial limitations, the three dams do not include the one in Dundumwenzi Parliamentary Constituency, but the site assessment surveys will be made for three dams in Kalomo District, Dundumwenzi Constituency inclusive to be constructed in the near future when funds will be made available.

With regard to the second part of the question, only one dam was rehabilitated in the constituency in question. The dam was rehabilitated in 2005 and its name is Kalemu Dam in Kasukwe Ward.

As regards the last part of the question, a total of K70 million was spent to rehabilitate Kalemu Dam. The rehabilitation involved raising the dam wall by 1.2 metres, putting stone pitched riprap on the upstream side of the dam wall and treating the dam of ants by applying ant poison on ant hills that developed on the embankment. We have plans, this year, to continue with the work to desilt the dam with a view to increasing its storage capacity.

I thank you, Sir.

Mr Sing’ombe: Mr Speaker, what measures is the Government putting in place to ensure that people with correct machinery undertake such works because the dam in question was constructed or rehabilitated in 2005 using wheel barrows and this has made the people of Kalemu continue suffering. The Government is also spending a lot of money rehabilitating the dam instead of constructing new ones in the area?

Mr Malwa: Mr Speaker, we have qualified personnel or professionals in the Ministry of Energy and Water Development and the Department of Water Affairs who rehabilitate and construct dams. However, in some cases, we outsource contractors, but dams are better constructed by qualified personnel from the Ministry of Energy and Water Development.

Thank you, Sir.

Mr Hamududu (Bweengwa): Mr Speaker, there are three dams in the whole province which were constructed in one year. When is the Government going to be serious with the mitigation measures against drought in the Southern Province?

Mr Malwa: Mr Speaker, the question was about Dundumwenzi Constituency and not the province.

I thank you, Sir.

Mr Chazangwe (Choma): Mr Speaker, is the hon. Minister aware that animals are dying because of lack of water. When will the Government be serious about building more dams so that animals can have enough water to drink?

Mr Malwa: Mr Speaker, as I alluded to earlier, the Government has plans to construct and rehabilitate boreholes in all the drought-prone areas in Zambia. Plans are underway and they are ongoing.

I thank you, Sir.{mospagebreak}

CONSTRUCTION OF KASUNUNU SCHOOL IN ROAN PARLIAMENTARY CONSTITUENCY

432. Mr Kambwili asked the Minister of Education when construction of Kasununu School in the Roan Parliamentary Constituency would commence.

Ms Changwe: Mr Speaker, Kasununu School is a community school in the said constituency. It was among the schools that were earmarked for funding through the Provincial Administrative Office. A bill of quantities amounting to K90 million was submitted for the construction of a 1 x 2 classroom block to the Provincial Administration Office by the District Education Board Secretary’s Office. Therefore, the project will commence once funds are released by the same Provincial Administrative Office.

I thank you, Sir.

Mr Kambwili: Mr Speaker, I would like to find out from the hon. Minister why it has taken two years to release the money because this money was provided for in last year’s Budget and the school that was at Kasununu has collapsed? To date, the money has not been released. What is the hold-up?

The Minister of Education (Professor Lungwangwa): Mr Speaker, the funds, through the provincial administration, were supposed to be released last year, but the province had budgetary constraints. However, it is still looking for the funds so that the project can start.

I thank you, Sir.

RESURFACING OF GREAT EAST ROAD

433. Mr C. K. B. Banda SC (Chasefu) asked the Minister of Works and Supply when the Government would resurface the following roads:

(a) Great East Road between Nyimba and Katete; and

(b) Chipata/Lundazi Road.

The Minister of Works and Supply (Mr Simbao): Mr Speaker, I wish to inform the House as follows:

(a) the Ministry of Works and Supply, through the Road Development Agency, carried out periodic maintenance of the road between Sinda and Katete and pothole-patching of the section between Nyimba and Sinda in 2004/2005, respectively with a view to halting further deterioration in the condition of the Nyimba-Petauke-Sinda Road while it is sourcing funds to carry out complete rehabilitation of the entire Great East Road from Luangwa Bridge to Mwami Border Post;

The ministry has provided, in the 2007 Budget, funds to carry out an update of the detailed engineering design as requested by interested co-operating partners with a view to financing the rehabilitation works. It is expected that when all this is completed in the coming year, the works might commence in 2009. The European Union, in particular, as well as the African Development Bank, have shown a lot of willingness to finance the rehabilitation works.

(b) The Ministry has been carrying out holding maintenance of the Chipata-Lundazi Road since 2004. However, due to a lack of funding, the condition of the road has not improved much in most of the sections except those that were either rehabilitated or reconstructed.

However, the ministry has plans to carryout a full rehabilitation of the project road. To this end, the ministry has received financial assistance from BADEA to carry out a feasibility study for the rehabilitation of the Chipata-Lundazi Road. A local consultant is currently carrying out the study. It is expected that the study will recommend that the project is economically feasible so that funds for rehabilitation could be secured.

I thank you, Sir.

Mr C. K. B. Banda SC: Mr Speaker, I would like to find out from the hon. Minister when the Lundazi-Chipata Road will be resurfaced, considering the fact that this road has been neglected since it was constructed such that even now, when the Eastern Province has provided a Vice-President and ministers, we are not informed when the road will be resurfaced? Can you tell us when this road will be resurfaced.

Hon. Opposition Members: Hear, hear!

Mr Simbao: Mr Speaker, I see the hon. Member of Parliament enjoying himself, sitting down and laughing. I have just said that a feasibility study is being conducted. All these big jobs are preceded by a feasibility study. When that study has been carried out, that is when what to do with that project would be known. This feasibility study is conducted to find out whether that particular road is economically viable so that we can rehabilitate it to a hot asphalt grade condition. Otherwise, we can continue with just patching it and putting a cap on it.

A feasibility study is to show that what we need on that road is what we call ‘Hot Asphalt Road.’ That is why we are carrying out the feasibility study. This study normally takes a year and that is what this local consultant is doing. When he presents this feasibility study, it will be known what kind of road we should put up in that area.

I thank you, Sir.

Mr Chilembo (Chama North): Mr Speaker, I would like to find out how many feasibility studies will be conducted on this road? This road has been worked on several times. How much money are we spending on these studies, can we know the figure? We have had feasibility study after feasibility study and no road.

Mr Simbao: Mr Speaker, I thank the hon. Member of Parliament for that question. Hon. Members must know that once a feasibility study is carried out, it is normally given a period of one to two years or three. If nothing has happened, you have to re-update that feasibility study because a lot of things have gone wrong, whether you like it or not. If it is a road, it has worsened. So, the person who wants to give you money will request for a fresh feasibility study. Once you conduct a feasibility study and you fail to secure enough funds to carry put that project and it takes another two years, you have to carry out another feasibility study. That is what has been happening to the Chipata-Lundazi Road.

BADEA, who have provided the money for the feasibility study being done now, have also given an assurance that once this feasibility study proves to be feasible, they will also sponsor the construction of the road. That is what we are saying.

I thank you, Sir.

Dr Kalumba (Chiengi): Mr Speaker, can the hon. Minister give us a definitive answer. Can the road be constructed at all without a feasibility study?

Mr Simbao: Mr Speaker, I do not know whether he is talking about the Chipata-Lundazi Road. If that is the road he is talking about, the answer is no. This is because a lot of money will be required. No one can give you money for such kind of a project without a feasibility study. So, the answer is no.

Dr Kalumba: Thank you!

CONSTRUCTION OF A MODERN MARKET IN WUSAKILE PARLIAMENTARY CONSTITUENCY

Mr Chella (Wusakile) asked the Minister of Local Government and Housing whether there are any plans to construct a new and modern market in the Wusakile Parliamentary Constituency.

The Deputy Minister of Local Government and Housing (Mr Kazonga): Mr Speaker, in response to the hon. Member’s question, I wish to inform the House that my ministry is currently designing the National Markets Development Programme which will cover all districts in the country, including Kitwe, where Wusakile is. Therefore, Wusakile will be provided with a modern market after the Markets Development Programme has been designed and funds for the construction of the market are sourced.

Arising from the passing of the Markets and Bus Stations Bill by this House early this year, which Bill has been assented to by the President, my ministry will now embark on the development of the programme to build modern markets, starting with major towns in the country.

Mr Speaker, building of modern markets in all the districts is a mammoth task that requires huge sums of money to complete. It will, therefore, take sometime to build markets in all the districts because of the cost implications, considering that we have seventy-two districts in the country. Currently, the European Union has supported the construction of markets in Lusaka, Ndola and Kitwe.

In addition, the Markets and Bus Stations Act will not only regulate the management of markets and bus stations, but also give powers to the management board that will be formed by the councils to plan and construct markets and bus stations using revenue accruing from these institutions as well as funds from the Government.

I thank you, Sir.

Mr Chella: Mr Speaker is the hon. Minister aware that the population in Wusakile has increased. As a result, markets have become few and people have resorted to selling their merchandise on the streets?

Mr Kazonga: Mr Speaker, the ministry is aware about the population increase. That is why we are talking about designing a programme that will consider the development of markets in these areas. That design will take into account what you have just raised.

I thank you, Sir.

Mr Kambwili: Mr Speaker, I would like to find out from the hon. Minister of Local Government and Housing why the Government has decided to build two modern markets in Kitwe when the Copperbelt Province has ten towns? What is the rationale behind this?

I thank you, Sir.

Mr Kazonga: Mr Speaker, as I had indicated, the construction of markets is really a mammoth task that requires adequate financing. As a result of limited financing, we have not gone to all the markets, but the programme we are designing will make us move step by step as funds become available.

I thank you, Sir.

Mr Kambwili interjected.

Mr Speaker: Order!

No dialogue is allowed in this House.

Mr Mukanga: Mr Speaker, I would like to find out from the hon. Minister what the Government is going to do about incomplete markets in areas such as Kantanshi that have designs of rural markets, but are supposed to have modern markets?

The Minister of Local Government and Housing (Mrs Masebo): Mr Speaker, hon. Members will recall that we have put in place the Market and Bus Stations Act which articulates how markets are going to be established in the country and how they will be managed.

One of the issues that has been addressed is that of construction of markets in the Act that says there shall be a market fund that shall be established by the Government to assist us ensure that we have a form of revolving fund that will help us build markets even in the rural districts by way of collecting revenue from those markets that would have been constructed like the ones in Kitwe and Ndola and part of the money that will come from there will also go to this fund to help us construct markets in the rural districts.

The other point is that under the Market Act, this House approved the creation of street markets by the local authorities. This will assist traders, including Members of Parliament who may have a few second hand clothes or backyard gardens and would like to sell their tomatoes, but do not have a market stall. They may be temporary traders who can go and sell their items at these street markets that will be established by the local authorities in designated streets or what we call street markets. Preferably, these will be weekend markets on Saturdays and Sundays. If any hon. Member of Parliament has some jackets that he used during the last Session of Parliament and would like to sell them, he or she can sell them at these markets as a way of ensuring that we reduce street vending.

I thank you, Sir.

Hon. Government Members: Hear, hear!

WATER CONSERVATION IN CHIFUNABULI CONSTITUENCY

435 Mr Mwansa (Chifunabuli) asked the Minister of Energy and Water Development whether the ministry had any plans to conserve water by storing it in dams for use during periods of low rainfall or drought.

The Deputy Minister of Energy and Water Development (Mr Malwa): Mr Speaker, it is the Government’s policy to construct dams for water supply for domestic, agricultural and municipal use. This also includes water conservation, ground water recharge, hydro-electric power generation and flood control purposes. Subsequently, my ministry has plans to construct more dams for various purposes. As from 2003, our priority has been to rehabilitate existing dams in drought-prone areas to support agriculture and maximise food security.

Mr Speaker, we also have plans to construct and rehabilitate dams this year in the following provinces:

Dams Planned for 2007

PROVINCE                CONSTRUCTED              REHABILITATED
Central                                 1                                    4
Copperbelt                           1                                    -
Eastern                                -                                     -
Luapula                                -                                    1
Lusaka                                 -                                    6
Northern                              1                                    5

North Western                     1                                    -
Southern                             -                                     4
Western                              -                                     4
Total                                    4                                   24

Mr Speaker, in three years, my ministry has also constructed and rehabilitated three and 88 dams, respectively in the following areas:

Dams Rehabilitated and Constructed between 2003 and 2006

Province           2003                      2004                   2005                   2006                       Totals
                         Rehab   Const       Rehab Const       Rehab Const      Rehab  Const
Central             3             -              1            -             2           -            6             -                  12
Copperbelt       2             -              1            -             -           -             2             1                  5
Eastern           19            -              3            -             2           -             3            1                 27
Luapula            -             -              1             -             -           -             1            1                   2
Lusaka             2            -               2            -             -            -            4             -                   8
Northern          1            -                2            -            -            -            2             -                    5
N/Western       2            -                1            -            1            -            1             -                   4
Southern        17            -               1             -            2           -            4             -                   24
Western           -             -               1             -            -           -             2             -                    3
Totals              46            -            13             -            7           -           24            3                   90

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Mwansa: Mr Speaker, I would like to know whether the Government is assuring this House that droughts that will occur in future will not affect our production in terms of agriculture because they are looking after and conserving the water during times of good rainfall.

Mr Malwa: Mr Speaker, the hon. Member of Parliament has to know that water is a natural resource which we can only store after it has rained.

I thank you, Sir.

Hon Members: Hear, hear!

Mr Muntanga: Mr Speaker, part of the Minister’s answer was that from 2002 to 2003, they were constructing and rehabilitating dams in drought-prone areas. His subsequent answer was the distribution of dams throughout the country. I would like to know from the hon. Minister which areas are drought prone?

Mr Malwa: I know Hon. Muntanga has raised that question with the interest in his Kalomo Constituency. However, it is the Southern Province which is prone to drought. You will recall that I took a visit to the Southern Province and in particular, Kalomo, where I went to a confluence. We assessed that there was a need to put up a dam there and that is why when we are talking about the Southern Province, you are included Hon. Muntanga.

I thank you, Sir.

Mr Lubinda: Mr Speaker, one of the major sources of water in this country is the Zambezi River. I would like to find out from the hon. Minister how far the ZAMCOM Treaty has gone and what the Government is doing to ensure that the other riparian States do not harvest water from the Zambezi River because the Treaty has not been agreed to and Zambia is not a party to it. That is the source of water for the dams we are talking about here, and yet other countries are damming water from the Zambezi River. How far has this Government gone with regard to the ZAMCOM Treaty?

Mr Malwa: Mr Speaker, that is a new question.

Laughter

Mr Speaker: Order! That question is relevant to the national scenario you were referring to here. Try to answer.

Mr Malwa: Mr Speaker, the Zambezi River passes between two countries as it passes through the Southern Province. These countries are Zimbabwe and Zambia. We have a board which tackles issues of international treaties, but as you know very well, it is a river …

Laughter

Mr Malwa: … and we have a boundary on the river that is why we have people who monitor whether there is a spillage from Zimbabweans into our country and vice-versa. Therefore, that river is protected from our side.

I thank you, Sir.

Laughter

Mr Chimbaka (Bahati): Mr Speaker, arising from the answer given by the able Deputy Minister of Energy and Water Development, …

Laughter

Mr Chimbaka: … I would like to know when plans to dam the Mansa Stream which provides water to Mansa District are going to be effected, especially that this river dries during the dry season, thereby leaving Mansa with no water. When are the plans going to be effected?

Mr Malwa: Mr Speaker, Mansa Stream has not been earmarked for damming. Only after we earmark it for damming can we put up a dam there.

I thank you, Sir.

ZCCM LIQUIDATION OF DEBT TO THE MUKUBA PENSION SCHEME

436. Mr D. Mwila asked the Minster of Mines and Minerals Development when ZCCM Investment Holdings Plc would liquidate the outstanding debt to the Mukuba Pension Scheme.

The Deputy Minister for Mines and Minerals Development (Mr M. Mwale):  Mr Speaker, the hon. Member for Chipili, who has no mine in his constituency, would like to know …

Laughter

Mr M. Mwale: … when ZCCM Investments Holding Plc will liquidate the outstanding debt to Mukuba Pension Scheme.

Sir, at the time of privatisation of ZCCM Ltd in 2000, an Actuarial Valuation was commissioned by Mukuba Pension Trustees Limited to determine how much the Mukuba Pension Scheme was worth vis-à-vis the value of the scheme to the members. The total deficit from the Actuarial Valuation up to March, 2002 was K65.5 billion of which K35.1 billion is ZCCM Limited’s share.

To date, ZCCM-IH, as successor company to ZCCM Limited, has paid a total of K17.5 billion, leaving a balance of K17.6 billion yet to be liquidated.

A written agreement is in place with Mukuba Pension Scheme for the continued payment of K400 million on a monthly basis. However, there were increased payments for the three months period to May, 2007 totalling K5.2 billion which would inevitably reduce the payment period.

I thank you, Mr Speaker.

Mr D. Mwila: Mr Speaker, I would like to find out whether the hon. Minister is aware that 1, 128 RAMCOZ employees have not been paid their benefits and that some have died because ZCCM-IH has not liquidated the amount.

Mr M. Mwale: Mr Speaker, if the hon. Member was following, I clearly stated that ZCCM is the one which has made a payment and others are being followed up. Among those who are being followed up are RAMCOZ through the Government that owes K15.6 billion.

I thank you, Sir.

Mr Chanda: I would like to find out whether the hon. Minister is aware that there are companies like Mopani Copper Mines which are frustrating Mukuba Pension?

Mr M. Mwale: Mr Speaker, I am sorry his voice was more like a whisper at the end. Can he kindly repeat the question?

I thank you, Sir.

Mr Muntanga: Mr Speaker, when answering the question, the hon. Minister said the hon. Member for Chipili had no mines in his constituency. May I know if the questions for his ministry would only be asked by Members that have mines in their constituencies? The second part of the question is specific, when will ZCCM liquidate the debt?

Mr M. Mwale: Mr Speaker, I do not know what has happened to my big brother’s sense of humour. However, to answer his question in relation to ZCCM, I informed the house that ZCCM made an undertaking to pay K400 million on a monthly basis which will translate in paying within four years.

I equally stated that there were increased payments for three months. I am sure that as ZCCM’s liquidation position improves, they will increase their payments.

I thank you, Mr Speaker.{mospagebreak}

DISBURSEMENT OF MEDICAL LEVY PROVINCE BY PROVINCE

437. Mr Chota (Lubansenshi) asked the Minister of Health how much medical levy was disbursed to the provinces from April, 2002 to December, 2006, province by province.

Dr Puma: Mr Speaker, medical levy is not disbursed to individual provinces. It is used for central and bulk procurement of commodities such as drugs and medicines which are later distributed to districts and hospitals through Medical Stores Limited. The amounts used from 2003 are as follows:

Year                         Amount(Kb)

2003                                  3.5

2004                                  5.7

2005                                  6.2

2006                                  6.5

Mr Speaker, I thank you.

ACCIDENTS ON THE KITWE/CHINGOLA ROAD FROM 2001 TO 2006

438. Mr Simama asked the Minister of Home Affairs how many people died in road traffic accidents on the Kitwe/Chingola Road from 2001 to 2006.

The Deputy Minister of Home Affairs (Ms Njapau): Mr Speaker, 139 people died in road traffic accidents on the Kitwe/Chingola Road from 2001 to 2006.

I thank you, Sir.

Mr Simama: Mr Speaker, I would like to know how many died due to careless driving and how many died because of traffic congestion.

Dr Chituwo: Mr Speaker, that is a very strange question.

Laughter

Dr Chituwo: Mr Speaker, the definition of an accident is an accident. Therefore, it would be very difficult to isolate accidents that are due to carelessness. Whereas we, as a Government, recognise the congestion on that road, some accidents are caused, perhaps, by overzealous motorists who want to overtake. In my view, congestion would actually slow down traffic. Therefore, there are many other factors that cause accidents on our roads.

I thank you, Mr Speaker.

Mr Sing’ombe: Mr Speaker, I would like to know from the hon. Minister of Home Affairs whether the Ministry of Works and Supply has any plans to put up overtaking lanes on this road to reduce accidents.

Dr Chituwo: Mr Speaker, indeed, there are plans, in fact, not only to construct overtaking lanes, but also a dual carriage way in order to ease congestion on that road.

I thank you, Sir.

Dr Katema: Mr Speaker, the hon. Minister is talking about constructing a dual carriage way on this road. I would like to know if that is a Government assurance. If so, when will it be put up?

Hon. Opposition Members: Hear, hear!

Dr Chituwo: Mr Speaker, in my response, I did say that the Government had plans to put up a dual carriage way and preferably through private public partnership.

I thank you, Sir.

NUMBER OF CIVIL SERVANTS ON CONTRACTS

439. Mr Hamududu asked the Vice-President:

(a) how many civil servants were currently serving on contracts, ministry by ministry; and

(b) how much gratuity arrears the Government owed civil servants whose contracts had expired.

The Deputy Minister in the Vice-President’s Office (Ms Lundwe): Mr Speaker, I wish to inform the House that there are 336 civil servants serving on contract in various ministries and institutions and these are as follows:

Ministry/Institution                                                                       No. of Officers

State House                                                                                                    5
Cabinet Office                                                                                                 9
Public Service Management Division                                                               2
Ministry of Mines and Minerals Development                                                  1
Ministry of Local Government and Housing                                                    2
Ministry of Commerce, Trade and Industry                                                     1
Ministry of Communications and Transport                                                     1 
Ministry of Community Development and Social Services                               1
Ministry of Defence                                                                                         2
Ministry of Education                                                                                     11
Ministry of Finance and National Planning                                                       3
Ministry of Foreign Affairs                                                                            14
Ministry of Health                                                                                           65
Ministry of Information and Broadcasting Services                                         1
Ministry of Labour and Social Security                                                            1
Ministry of Lands                                                                                             1
Ministry of Science, Technology and Vocational Training                              3
Ministry of Sport, Youth and Child Development                                             1
Ministry of Tourism, Environment and Natural Resources                              1
Ministry of Works and Supply                                                                         1
Ministry of Home Affairs                                                                                 2
Ministry of Justice                                                                                           3
Ministry of Agriculture and Co-operatives                                                      4
Judiciary                                                                                                      116
Auditor-General                                                                                               1
Office of the Vice-President                                                                           3
North-Western Province                                                                                 6
Northern Province                                                                                         10
Central Province Administration                                                                      7
Copperbelt Province Administration                                                              11
Western Province Administration                                                                    6
Eastern Province Administration                                                                     6
Southern Province Administration                                                                   5
Luapula Province Administration                                                                     7
Lusaka Province Administration                                                                      3
Anti-Corruption Commission                                                                            1
Drug Enforcement Commission                                                                       1
Teaching Service Commission                                                                        7
Commission for Investigations                                                                        3

Total                                                                                                             336

Sir, the Government does not owe any arrears in terms of gratuity to civil servants, as all the claims for outstanding payments submitted to the Ministry of Finance and National Planning have been cleared. For those whose contracts are still running, their gratuity forms are only submitted on expiry of the contracts. Therefore, there are no outstanding payments owed to civil servants on contract.

I thank you, Sir.

Mr Hamududu: Mr Speaker, the number of civil servants on contract is too high and I think this is draining the resources of the country. I wish to know why the number in the Judiciary is so high.

The Vice-President: Mr Speaker, the Judiciary has a higher number of personnel on contract because most of them are magistrates and personnel from other lower courts. It is very difficult to replace these personnel when they retire. Therefore, when they retire, they are still required to provide their services.

I thank you, Mr Speaker.

Mr Mbewe: Mr Speaker, is His Honour the Vice President aware that in some of the ministries, young men who are supposed to take up these positions are being frustrated?

The Vice-President: Mr Speaker, I am sorry, but I am not aware of that.

I thank you, Sir.

Laughter

DISTRIBUTION LEVELS OF FERTILISER

440. Dr Njobvu (Milanzi) asked the Minister of Agriculture and Co-operatives what the total fertiliser distribution levels in the country were from 2001 to 2005, province by province.

Mr Mulonga: Mr Speaker, a total of 827,342 metric tones of fertiliser were distributed in the country by both the private sector and the Government programmes during the period 2001 to 2005.  The Government programme, which is the Fertiliser Support Programme (FSP), distributed 208,000 metric tones since inception, while the private sector distributed 619,342 metric tones. The distribution schedule for the Government is as follows while the schedule for the privet sector is being compiled.

Year                            2002/2003         2003/2004        2004/2005         2005/2006 

Province                        Fertiliser            Fertiliser            Fertiliser             Fertiliser 
                                      Amount             Amount             Amount               Amount

Central                           6,672                  9,200                8,560                  9,000

Copperbelt                     2,736                  5,440                6,370                  6,520

Eastern                        12,480                15,400                9,480                10,020

Luapula                         2,640                   3,410                2,118                  2,070

Lusaka                         1,656                    4,090                3,306                  3,408

Northern                       7,296                  10,000                7,638                  8,258

N/Western                    2,112                    3,560                1,668                  2,740

Southern                      9,120                    6,400                6,720                   6,936

Western                       3,288                    2,500                4,140                   1,048

Total                           48,000                  60,000               50,000                50,000

I thank you, Sir.

Dr Njobvu: Mr Speaker, is the hon. Minister aware that much of the fertiliser is taken back to Lusaka for sale by bogus co-operatives or farmer groups? What is the ministry doing about this?

Mr Mulonga: Mr Speaker, I am sorry, but the hon. Member’s voice was too low. Could he raise his voice.

Mr Speaker: The Hon. Minister was not listening, the voice was very clear.

Mr Mulonga: Mr Speaker, I am sorry, I did not get him right. If he may repeat his question I will give an answer.

Mr Zulu (Bwana Mkubwa): Mr Speaker, it was very interesting to hear the Hon. Minister calculate his tonnage. However, is he aware that in the 2005, farmers on the Copperbelt bought underweight bags of fertiliser? Instead of weighing 50 kg, the bags weighed somewhere around 30-41 kg. If the hon. Minister is aware, what have they done about the farmers who bought underweight bags of fertiliser?

Mr Mulonga: Mr Speaker, those are rare cases and are police cases. Whenever such a case is identified, we always report them to the police.

I thank you, Sir.

Mr Nkombo (Mazabuka): Mr Speaker, going by the figures the hon. Minister of Agriculture and Co-operatives has given, 208,000 metric tones of fertiliser have been disbursed to small scale farmers under the FSP. What deliberate measure has the Government taken in order to build capacity in the beneficiaries of the fertiliser to stop giving without return year in and year out?

Mr Mulonga: Mr Speaker, you may recall that at one point, the Government was not employing. Therefore, as a ministry, we did not have enough extension officers to take on board the small-scale farmers so as to have a high yield. In November, 2006, the ministry started employing extension officers who are supposed to take care of the farmers and teach them good methods of farming to improve the yield. Once that is done, weaning will take place.

I thank you, Sir.

Mr Sinyinda: Mr Speaker, I would like to find out from the hon. Minister what the ministry is doing in order to teach and sensitise peasant farmers in areas such as Western Province where, traditionally, fertiliser has not been used, considering the fact that there is a critical shortage of extension officers in our area. What is the ministry doing to sensitise and teach people how to use fertiliser?

Mr Mulonga: Mr Speaker, to start with, the distribution of fertiliser is not done anyhow. It is done upon request by farmers from each district and province. That is how it comes to the headquarters. We receive the request from the Western Province in accordance with what the farmers in that area require. After that, the staff at camp level compiles the requests. These are the staff I alluded to earlier who are involved in teaching farmers good farming methods. Already, the camp officers are there to teach them how to have correct yields and how to use fertiliser.

I thank you, Sir. 
Mr Imenda (Lukulu East): Mr Speaker, I would to find out from the hon. Minister of Agriculture and Co-operatives whether he is aware that there was a huge deficit between the years 2005 and 2006 of about 3,500 metric tonnes in the allocation of fertiliser to the Western Province that created an outcry that particular year.

Mr Mulonga: Mr Speaker, the distribution of fertiliser is dependant upon the demand from each province. Therefore, it is not a deficit as such.

I thank you, Mr Speaker.

PROVISION OF ASSISTANCE TO PRIVATE INSTITUTIONS BY GOVERNMENT

441. Mr Malama asked the Minister of Education whether private organisations and churches that have opened institutions of higher learning such as colleges and universities are provided with the following:

(a) lecturers;

(b) exemption of tax on imported education material for institutions; and

(c) grants.

Ms Changwe: Mr Speaker, I would like to inform the House that the Government has provided for any person or institution such as churches to establish and maintain private educational institutions for the purpose of providing any level of education. However, individuals or organisations such churches, by law, should apply for registration before establishing any education facility such as college, high school, basic school, pre-school or university. Therefore, there are terms and conditions that any private education provider should adhere to. Among such terms and conditions are as follows:

(a) having qualified teachers or lecturers;
(b) suitable infrastructure to provide for a conducive learning environment;

(c)  a board of management; and

(d) proof of a sound financial status just to mention a few.

Therefore, the provision of lecturers, learning materials and other resources are a responsibility of the proprietor and not the ministry.

Sir, as to part (b) of the question, the Zambia Revenue Authority provides tax exemptions on educational materials except computers. However, an application should be made before a tax rebate is given.

Sir, on the question of grants, there are no funds given to private education proprietors to run their institutions. Only Government and grant aided institutions are given grants. Therefore, it is the mandate of the proprietors to provide finances to run their institutions.

Mr Speaker, I thank you.

Mr Malama (Mfuwe): Mr Speaker, I would like to find out from the hon. Minister whether the ministry assists institutions, especially churches with some materials donated by foreign countries for education.

Professor Lungwangwa: Mr Speaker, indeed, grant-aided institutions are assisted whenever such materials are made available.

I thank you, Sir.

VEHICLES PROCURED FOR THE POLICE TO MAINTAIN LAW AND ORDER DURING THE 2006 TRIPARTITE ELECTIONS

442. Mr Mwapela (Kalabo Central) asked the Minister of Home Affairs:

(a) how many vehicles were procured for the police to maintain law and order during the 2006 Tripartite Elections;

(b) how many of the vehicles at (a) above were sent to the Western Province, in general and Kalabo District in particular.

Ms Njapau: Mr Speaker, I would like to inform the House that 266 motor vehicles were acquired for the 2006 Tripartite Elections for police operations.

Sir, five of the motor vehicles were allocated to the Western Province Division and distributed as follows:

 (a) Kaoma       1

 (b) Sesheke      1

 (c) Mongu Traffic  Police     1

 (d) Criminal Investigation Department (CID); and 1

 (e) Western Division Police Intelligence   1

Sir, Kalabo did not benefit from this allocation because it was catered for in the 2004/2005 TATA fleet.

I thank you, Mr Speaker.

Mr Mwangala (Nalolo): Mr Speaker, I would like to find out from the hon. Minister whether these vehicles were withdrawn soon after the Tripartite Elections because we do not see at their stations.

Ms Njapau: Mr Speaker, I am not aware of that because we have not received a report from the Western Province.

I thank you, Sir.

WEIGH-BRIDGES AND ROAD REPAIR

443. Mr Chimbaka (Bahati) asked the Minister of Works and Supply:

(a) when a bill to address the serious damage caused to the roads by overloading will be presented in the House;

(b) how much revenue is collected annually from weigh-bridges country-wide; and

(c) what the annual percentage of the cost of road repair is country-wide

Mr Simbao: Mr Speaker, I would like to inform the House that Part 5 of the Public Road Act No. 12 of 2002, was amended in April, 2006. Statutory Instrument No. 28 of 2007 “The Public Road Maximum Weigh of Vehicle Regulations 2007” was enforced on 13th May, 2007.

Sir, the annual revenue collected for 2006 from weighbridges countrywide was K3 billion.

Mr Speaker, the Government has spent K133,302,990,191.00 on works and K6.83 billion on consultancy for the work to be carried out on the 56 km out of the 153 km which has been tarred.

I thank you, Mr Speaker.

Mr Chimbaka: Mr Speaker, now that ‘Elder’, hon. Minister of Works and Supply is aware that ZALAWI trucks have extensively damaged the roads, especially the road between Mansa and Kashikishi, are there any plans to resurface the roads or probably mend the roads by the ministry?

Mr Simbao: Mr Speaker, yes, on the mending of roads, we have a strong notion that the next budget should carry a big amount of money for mending roads. Equally, we intend to seriously look at the resurfacing or reconstruction of the road from Luchinda to Kashikishi up to Kapiri Mposhi which has been damaged due to the heavy loads that are ferried on this road. However, at the moment, we shall seriously look at providing a lot of money for maintenance of roads so that we keep them usable.

I thank you, Sir.

Dr Scott: Mr Speaker, perhaps the hon. Minister can confirm that Anvil Mining is the company responsible for ferrying ore on heavy trucks from Luapula all the way through to Kapiri Mposhi and Kazungula. Are they paying to the Government, every year, a maintenance fee for these roads? Is this true or are we waiting for the budget?

Mr Simbao: Mr Speaker, I am not aware of any company paying for transporting heavy loads on our roads. However, we shall bring to Parliament a Bill on Private/Public Partnership in which case those who want to go into tolling on these roads will take up sections of the roads that they feel they should toll. At that time, the end user of these roads will have to pay.

I thank you, Sir.

Dr Machungwa: Mr Speaker, Anvil Mining has greatly damaged the road, starting from the turn-off of the Great North Road, the whole Tuta Road and all the way to Kashikishi. They keep driving these heavy trucks on this road. If they are not made to pay something towards repairing these roads, who is going to repair them? Why is the Government unwilling to levy these people for the damage they are causing?

Mr Simbao: Mr Speaker, the legal framework required to have anyone pay a levy for roads in this manner is coming as a Bill on Private/Public Partnership (PPP). At the moment, we do not have that kind of legal framework. I do agree with hon. Members of Parliament but when we say these things, we should also be fair to the users. I have been on Tuta Road and the section from Serenje to the bridge is very good. The section from the other side of the bridge to Samfya/Mansa Road has a few potholes. We should be fair. At the moment, we do not have a legal framework to charge anyone using the road. This is coming in the Private/Public Partnership Bill and I hope it will be supported.

I thank you, Sir.

Mr Habeenzu (Chikankata): Mr Speaker, does the Government have any plans to do away with the old weigh bridges, especially the one at Kafue Bridge?

Mr Simbao: Mr Speaker, yes, there is a plan to have ten electronic weigh bridges positioned in most of the strategic places in the country. Yes, we are doing away with the manual weigh bridges, but it will take some time. It costs almost US$1.2 million to install one electronic weigh bridge.

I thank you, Sir.

Mr Zulu: Mr Speaker, there is a new weigh bridge which has been installed in Kapiri Mposhi and has created a lot of congestion on that road. What is the ministry doing to reduce this congestion?

Mr Simbao: Mr Speaker, the weigh bridge is not the cause of the congestion. The congestion is a result of closing the old manual weigh bridges. What happens is that at certain times, we reopen these manual weigh bridges so that we can decongest Kapiri Mposhi. It is not because of the new weigh bridge. I spent three hours at this weigh bridge and any vehicle passing through the weigh bridge spends less than a minute there. The weigh bridge operators are testing in the range of 600 trucks per day. They are able to do that because they spend less than a minute on each truck. I do not know how else somebody can be faster. However, we are considering putting up parking lanes so that we can remove the trucks off the main roads and leave the main road completely free on both sides of the road.

Ms Imbwae: On a point of order.

Mr Speaker: A point of order is raised.

Hon. PF Members: Aah!

Ms Imbwae: Mr Speaker, I was just wondering whether the hon. Minister is in order to appear like a bishop in the House.

Laughter

Mr Speaker: Order! If it is true, that kind of point of order is sustained by the rules of the House. Is that true?

Laughter

Mr Speaker: The Hon. Chief Whip will look into that matter.

Laughter

Mr Speaker: That is the kind of point of order which is acceptable, as it deals with the rules of the House. However, the hon. Minister may continue to answer while the Hon. Chief Whip will look into that matter later.

Mr Simbao: Mr Speaker, I had finished answering.

Mrs E. M. Banda (Chililabombwe): Mr Speaker, Question No. 444 …

Mr Kambwili: On a point of order.

Mr Speaker: Is it something to do with the rules of the House, what is the point of order?

Mr Kambwili: Is the hon. Member who raised the earlier point of order in order to raise a point of order when the hon. Minister is answering?

Mr Speaker: You cannot raise a point of order on a point of order.

Laughter

Mr Speaker: Those are the rules.

Laughter

Mr Speaker: Except to point out that the previous point of order was useful in the sense that we have to look at the dress code of this House.

Laughter{mospagebreak}

CONSTRUCTION OF A HOSPITAL IN CHILILABOMBWE

444. Mrs E. M. Banda asked the Minister of Health whether the Government had any plans to build a district hospital in Chililabombwe.

Dr Puma: Mr Speaker, the Government, in partnership with the local community, intends to turn Kakoso Clinic into a district hospital. Work has started to actualise the project. K250.4 million has been received through the ZAMSIF Programme which went towards the construction of a clinic, a clinic house, x-ray unit, laboratory and theatre.

The mortuary with a twelve-body capacity is complete and in use. Completion of the project has been included in the Medium-Term Expenditure Framework Plan for the district for the period 2008 to 2010.

I thank you, Sir.

Dr Scott: Mr Speaker, perhaps the hon. Minister can tell us how this hospital is going to be kept clean since, this morning, in the Times of Zambia newspaper, I noticed that the substantive hon. Minister, the surgeon and the hon. Deputy Minister, the epidemiologist and part-time political scientist were both dressed in aprons and gumboots, fixing a ward in the University Teaching Hospital, Zambia’s premier hospital. What measures will be taken in Chililabombwe or will the hon. Ministers avail themselves there once a month or thereabouts.

Laughter

Dr Chituwo: Mr Speaker, we are particularly pleased that the hon. Member for Lusaka Central took note of this very noble gesture.

Mr Speaker, this leadership showed an example that, in fact, in the area of infection, prevention and control starts with even the smallest of tasks like the cleaning of the ablutions and toilets. Of course, there are other measures in our everyday work, as we care for the patients. We prevent hospital infection or cross infection and so the fact that the hon. Deputy Minister, His Worship the Mayor and the hon. Minister of Health took part in that exercise was just a reminder of what we do everyday as a health team, including civic leaders in our various cities and towns.

I thank you, Sir.

MINE SCHEDULED AREAS

445. Mr Chanda asked the Minister of Mines and Minerals Development:

(a) what factors determined a mine working area to be classified as a scheduled area or a non-scheduled area; and

(b) how far a scheduled area should be from the nearest residential area.

The Deputy Minister of Mines and Minerals Development (Mr Nkhata): Mr Speaker, the factors that determine whether a mine area will be scheduled or non-scheduled are its potential to cause occupational diseases such as silicosis. An area where mine workers could contract these diseases is classified as a scheduled area. Otherwise, it is a non scheduled area.

Mr Speaker, the second schedule of the Workers Compensation Act No. 10 of 1999 gives the following categories of scheduled mine working areas:

(a) any silica bearing rock crushing or screening plant, silica-bearing rock loading and tipping point or belt conveyor plant within or forming an integral part of such rock crushing  or screening plant or rock loading or tipping point, including the immediate surroundings of any such plant or point;

(b) any plant for the treatment of refractory copper ores and the immediate surroundings;

(c) any roasting, sintering or other similar plant used for the conversion of sulphide ores to oxides and the immediate surroundings of any such plant;

(d) any weighbridge;

(e) any rock drill sharpening shop used by miners;

(f) coal-crushing plant and coal pulverizing plant;

(g) coal-receiving bins and conveyor belts forming part of the coal preparation system;

(h) immediate surroundings of any coal plant;

(i) in the case of Maamba Collieries Mine, any station on the aerial rope-way, together with the immediate surroundings; and

(j) all underground workings.

In (b), the second schedule of the Workers’ Compensation Act provides for about 100 metres separation between a scheduled area and the nearest residential area.

I thank you, Sir.

Mr Chanda: Mr Speaker, I would like to find out from the hon. Minister if he is aware that due to the various methods of mining copper in the mines now, this 100 metres has proved to be inadequate in controlling noise and dust pollution.

Mr M. Mwale: Mr Speaker, we are aware that there are these problems and they are mainly due to discoveries of ore after human settlement. As a ministry, we are trying to see wherever there are dangerous occurrences and these should be corrected by the Mine Safety Department.

I thank you, Sir.

Mr Chongo (Mwense): Mr Speaker, is the hon. Minister implying that it is more effective to fight pollution emanating from dust; noise and gaseous emissions by observing the 100 metre limit or it is more effective by controlling these effects from the source given that the movement of the gas dust and noise effects can go more than the 100 metres in their concentrated form and affect people. If not, what is the ministry doing to correct this anomaly.

Mr M. Mwale: Mr Speaker, in keeping with modern trends, it is better to control these detrimental occurrences of dust and gas emissions at source. In the mines, dust control, in part, is done by spraying water. With regard to gas emissions from the smelters, the mines are moving towards controlling careless emissions of gases by establishing acid plants which will be consuming these gases.

I thank you, Sir.

Mr Mukanga: Mr Speaker, I would like to find out why the Government allowed Mopani Copper Mines to build a treatment pond in a residential area which was less than 100 metres from the nearest house.

Mr M. Mwale: Mr Speaker, …

Mr Speaker: Order!

Business was suspended from 1815 hours until 1830 hours.  

Mr Speaker: Before business was suspended, the hon. Minister of Mines and Minerals Development was about to answer a supplementary question posed on question 445 by the hon. Member for Kantanshi. However, before the hon. Minister answers the supplementary question, and for the record, the House will recall that hon. Member for Lukulu-West raised a point of order relating to the dress code of the House; whether it was in order for the hon. Minister of Works and Supply to come in the House dressed like a priest.

Laughter

Mr Speaker: You will remember my immediate ruling was that the hon. Chief Whip will look into the matter. I can say that it has been ascertained that the hon. Minister of Works and Supply was actually, even then, properly dressed. I can see that he removed may be a sweater, …

Laughter

Mr Speaker: … that was then covering the neck tie under the jacket. That settles the matter.

Hon. Members: Hear, hear!

Mr Speaker: The hon. Minister of Mines and Minerals Development may now answer the supplementary question.

Hon. Members: Hear, hear!

Mr M. Mwale: Mr Speaker, I would like to thank the hon. Member for Kantanshi for that follow up question relating to the Solvent Extraction Plant Pond in Mufulira.

Mr Speaker, for any new project to be undertaken in this country now, we need to carry out an Environmental Impact Assessment (EIA). With this EIA, we bring on board the local authority, local communities and I strongly believe that the hon. Member, by virtue of being a Member of Parliament for Mufulira, is a councillor. Therefore, I would like to ask him where he was when the EIA was being carried out in Mufulira because he should have raised this issue when it was being done there.

I thank you, Sir.

LONG-TERM GOVERNMENT LOANS TO LOCAL AUTHORITIES

446. Mr Msichili (Kabushi) asked the Minister of Local Government and Housing whether the current overstretched infrastructure in local authorities was financed through long-term Government loans at concessionary interest rates and, if so, what led to the discontinuation of this world-wide accepted practice of financing local government.

Mr Kazonga: Mr Speaker, I wish to inform this august House that from the inception of local Government in Zambia (pre-independence era) capital development involving public infrastructure was financed from soft loans provided by the Government. While some larger and relatively affluent local authorities used to defray the cost of smaller capital projects from recurrent revenue, all local authorities raised most of their capital finances through long- term Government loans at concessionary interest rates. It should be noted that borrowing from sources other than the Government was not permitted then.

Mr Speaker, from 1964 up to the early 1970s, there was tremendous growth in all sectors of the economy demanding extensive capital investment. The Government of the day dedicated itself to improving education, health services and the under developed rural areas. As a result, the Government was faced with vital and difficult decisions to make with regard to the allocation of capital funds which, even though of considerable proportions for a developing country, were scarce in relation to the pressing demands.

During the same period, Mr Speaker, local authorities experienced effects of increased economic activity which increased demand for infrastructure service provision in areas such as housing, good road network, street lighting, water and sanitation and electricity, all of which were capital projects requiring an extensive capital injection in terms of finances.

Mr Speaker, the situation worsened after 1970 when the copper prices started falling on the world market, making the Government’s resource envelope insufficient enough to continue providing loan finances to local authorities for infrastructure development. As a result, local authorities were directed to help themselves by utilising internal investment for capital development. The effect of this decision on local authorities’ capital financing was catastrophic and sudden in that overnight the one and only source of capital finance virtually ceased to exit.

Mr Speaker, even though the Government relaxed the ban to borrow from other sources other than the Government itself, this did not help much in that the Government loans were made at concessionary interest rates, and therefore, affordable compared to other lenders such as Commercial Banks.

However, Mr Speaker, the Government has realised the need to empower local authorities with the resources again to enhance quality service to the public. It is for this reason that the Government has now embarked on the implementation of the National Decentralisation Policy which focuses on bringing the Government closer to the people by providing citizens with greater control over the decision-making process and allowing their direct participation in public service delivery.

I thank you, Sir.

Mr Msichili: Mr Speaker, the hon. Minister answer has not stated when the Government is going to resume giving these same loans.

Mrs Masebo: Mr Speaker, the Government, under the current Local Government Act, is supposed to give grants and other forms of general grants to local authorities. To this effect, this House is aware that in the past years, the Government has from time to time assisted local authorities by way of various forms of grants.

With the adoption of the National Decentralisation Policy, the Government is looking at better ways of mobilising resources and coming up with the formula of sharing these resources between Central Government and Local Government. In addition, councils are being assisted in terms of capacity building both at human and institutional level so that they are able to, internally, mobilise their own resources for better and efficient service delivery.

I thank you, Sir.

Mr Beene (Itezhi-tezhi): Mr Speaker, I would like to find out when the Government will start disbursing the grants which were already approved, including the Constituency Development Fund (CDF), because this is July. Right now, councils do not have money.

Mrs Masebo: Mr Speaker, the Government has so far released the grants in lieu of rates and the amount is K17.5 billion. This money is already with the Ministry of Local Government and Housing who are in turn disbursing it to the various local authorities for use. Also, the Ministry of Finance and National Planning is expected to release the full amount of Constituency Development Fund sometime this week.

I thank you, Sir.

Hon. PF Members: Hear, hear!

Mr Imenda: Mr Speaker, since the Government has lifted the ban on borrowing from any source of interest, I would like to find out whether or not the Ministry of Local Government and Housing is in a position to borrow or allow councils to borrow with a view to improving the over-stretched infrastructure.

Mrs Masebo: Mr Speaker, the hon. Deputy Minister indicated that the Government lifted the ban which restricted local authorities from borrowing from banks. Currently, a number of councils that are innovative, especially those that have hon. Members of Parliament who are very active in attending council meetings, are coming up with project proposals to give to banks. In some cases, banks have approved their applications for various projects. The only ban that has remained is one on international borrowing, but in terms of local borrowing, it has been lifted.

I thank you, Sir.

Mr Zulu: Mr Speaker, since the Ministry of Local Government and Housing, through the councils, created the water and sewerage utility companies, it has created a lot of problems. Would be developers …

Mr Speaker: Order! Ask the question.

Mr Zulu: Would be developers are asked to pay …

Mr Speaker: Order! This is the last time. What is your question?

Laughter

Mr Zulu: My question is who is supposed to provide the services in these councils after service charges have been paid?

Mrs Masebo: Mr Speaker, when one begins to develop a plot that has been legally allocated to him or her, one of the requirements for the developer is to pay for what is called service charges to the council. In the past, councils used this money to provide certain services such as roads, water and electricity. Now, over the years, the cost of constructing this basic infrastructure has become so high that councils are unable to provide these services based on the service fees or charges which these developers are paying to the council. What has happened is that the resources councils are collecting, in most cases, are only enough to survey the land, demarcate and show the developer the plot. That money is not enough for the local authority, for example, to put up roads.

Now, what we are doing as a Government, in particular the Ministry of Local Government and Housing is to work through the Ministry of Lands who are the principal agent of land. There is what we call the Land Development Fund which the Ministry of Lands has been disbursing to local authorities to help the local authorities with some of the infrastructure that is required after the land has been surveyed. However, even with that support from the Ministry of Lands, the funds are still not enough.

The Government, through the Water Reforms, has decentralised the supply of water and sanitation services to the local authorities who have in turn created utility companies in the urban areas who are charged with the responsibility of providing water and sanitation services. Obviously, we are not doing as well as we should in as far as water supply and sanitation is concerned in terms of making sure that the plots have been serviced before the houses are constructed. This is because of the increase in demand for land and the population growth which obviously has outstretched the pace of infrastructure development which also is dependent on the Treasury.

However, the Government, through the Ministry of Local Government and Housing, has come up with the municipal housing bonds concept meant to mobilise resources for this much-needed infrastructure for development so that in future, before a council can allocate land, the land should be serviced. Obviously, the cost of land is going to be high. It will take into account the costs in as far as these services which have been alluded to are concerned, such as, water, electricity and good roads.

It is, Mr Speaker, a mammoth task because in Zambia we still do not think that land has such high value and that you can not pay K2 million and expect to find land that has water, electricity and a good road.

We have this culture that land is still cheap and, therefore, once a local authority comes up with land, it must have all these facilities at a very minimal cost. The Government, through the Decentralization Implementation Plan, is also trying to ensure that local authorities are also given more resources apart from what we are currently getting. By the end of the day, it is expected that money for the nation will be shared equitably between the various levels of the Government i.e. provincial and local Government.

I thank you, Sir.

Mrs Musokotwane (Katombola): Mr Speaker, if a council borrows money from the bank, and we know the problems our councils are facing financially, is the Government prepared to bail these councils out in paying the loans from the bank?

Mrs Masebo: Mr Speaker, no, because, as a council, it is expected that you can only borrow money that you are capable of paying back. In any case, there is still a proviso that if a council decides to borrow money, for example, to build a market in Kazungula district, it must plan and budget for it. In its budgetary notes the council should indicate that the resources are coming from a bank and the central Government has to approve that budget anyway. Of course, they will be looking at the council’s capacity to pay back. As usual, in the event that the council fails to pay, what has happened is that the council is just a baby of central Government and that burden goes to central Government. This is why central Government sometimes gets hard with local authorities when they try to engage themselves in activities without taking into account their capacity to pay i.e. increasing salaries without reference to where the money is coming from.

I thank you, Sir.

FOREIGN NATIONALS LIVING AND WORKING IN ZAMBIA BETWEEN 2000 AND 2006

447. Mr J.  L. Mulenga (Kwacha) asked the Minister of Home Affairs:

(a) how many foreign nationals lived in Zambia from 2000 to 2006, province by province;

(b) how many of the above were in the following categories, province by province:

(i) self-employed; and

(ii) employed by institutions; and

(c) what criteria were used in issuing work permits to those at (b) above.

Ms Njapau: Mr Speaker, the answer is as follows:

(a) Foreign nationals living in Zambia- 2000 to 2006.

(i) Lusaka Province

Year        Number
2000       266,671
2001       275,628
2002       594,300
2003       329,286
2004       330,897
2005       300,205
2006       315,551
Total    2,403,538

(ii) Copperbelt Province

2000        53,592
2001        54,793
2002        55,994
2003      101,211
2004        78,690
2005        27,763
Total      425,270

(iii) Southern Province

2000        269,736
2001        267,736
2002        267,312
2003        310,146
2004        288,729
2005        191,371
2006        250,758
Total     1,845,788

(iv) Northern Province

2000        9,214
2001      36,453
2002      37,943
2003      64,912
2004      38,162
2005      66,719
2006      52,441
Total     305,844

(v) Eastern Province

2000       38,567
2001       36,453
2002       34,122
2003     586,111
2004       33,149
2005       10,463
2006       21,806
Total      233,171

(vi) Central Province

2000        323
2001        275
2002        222
2003        108
2004        214
2005        118
2006        160
Total     1,426

(vii) North Western Province

2000     2,123
2001     2,325
2002     2,190
2003     2,946
2004     4,766
2005        987
2006     2,876
Total   18,213

(viii) Luapula Province

2000      54,064
2001      50,053
2002      15,141
2003    115,741
2004      19,321
2005        9,921
2006      14,621
Total    278,862

(ix) Western Province

2000      26,579
2001      26,572
2002      66,940
2003      43,814
2004      57,676
2005      74,245
2006      70,960
Total    375,786

The number of foreign nationals in the category of self-employed and employed by institutions nationwide is as follows:

(i) Self-employed Permits:

2000        612
2001        704
2002      1418
2003   11,148
2004        928
2005     1,077
2006        427
Total   16,314

(ii) Employed by Institutions

2000      1625
2001      1598
2002      2756
2003      9671
2004      3482
2005      3888
2006      3189
 Total   26,209

Mr Speaker, the figures are a sum for the whole country because permits are issued at the Headquarters in Lusaka and the workers can be posted anywhere in Zambia at anytime as the need arises.

(c) Mr Speaker, the criteria used in issuing work permits is as follows;
 
(i) Self Employment Permits

This is a permit that is granted to a foreign national who brings a level of investment to Zambia. The investment may be accepted either in the form of a transfer, through the banking system, capital goods such as machinery or any such materials.

The investment threshold that was followed during the period in question was US$50,000 up until December, 2006 when the threshold was revised upwards to US$250,000 effective December 6, 2006.

Below are the requirements for issuance of a Self Employment Permit that was followed during the period in discussion:

(a) completion of application form (Form 10);

(b) two recent certified passport size photographs;

(c) certified copies of the passport;

(d) certificate of incorporation/certificate of registration of business in Zambia;

(e) covering letter to the Chief Immigration Officer;

(f) applicant should be above twenty-one years of age;

(g) the list of Directors;

(h) investment certificate where necessary;

(i) proof of ownership of land or lease agreement; and

(j) proof of personal investment, if an investor is forming his own company, he or she should bring in at least US$50,000. If he/she is joining an existing company, it should be at least US$35,000. If the investment is in monetary form, it should be in the form of a bank transfer whereas if it is in the form of machinery, there must be customs clearance documentation as proof of purchase.

It must be noted that the minimum investment threshold was revised upwards to US$250,000 in December 2006.

 (ii) Employed by Institutions

An employment Permit is granted to a foreign national who engages in employment with a company or organisation operating in Zambia.

It must be noted that one of the principles of the Immigration Department is that an immigrant should not deprive a Zambian of employment. This, therefore, means that foreign nationals who are granted employment permits should have skills that are scarce among the local people. However, in certain cases, foreign nationals have been given employment permits for such shorter periods ranging from one to three years during the time that it is expected that they will have to understudy a local person who should eventually take up the job.

Below are the requirements for applying for an employment permit that was followed during the period in discussion:

(i) the law requires that applicants secure their employment permits while outside the country. However, Government employees, volunteers, missionaries and investors may apply for their permits whilst in the country;

(ii) completion of application form (Form 10);

(iii) certified photocopies of professional certificates;

(iv) letter of offer of employment/contract;

(v) certified photocopies of the passport;

(vi) two recent certified passport-size photographs;

(vii) covering letter;

(viii) applicant should be above twenty-one years old; and

(ix) practicing certificates from professional bodies such a Zambia Institute of Chartered Accountants, Engineering Institute of Zambia, Medical Council of Zambia, Law Association of Zambia etc.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Speaker: Order! For clarity, under (a), could the hon. Deputy Minister of Home Affairs go over the totals for Lusaka and Copperbelt Provinces, again.

Ms Njapau: Mr Speaker, the total number for Lusaka Province is 2,203,538 …

Interruptions

Ms Njapau: … and the total number for Copperbelt Province is 425,270.

I thank you, Sir.

Mr Speaker: Order! Would you please read the total for Lusaka Province, again.

Ms Njapau: Mr Speaker, the total for Lusaka Province is 2,403,538.

I thank you, Sir.

Interruptions

Mr Speaker: Order! I would like to guide that the office of the Clerk of the National Assembly will double check that information before it goes on record.

Mr Milupi: Mr Speaker, the figures presented by the hon. Deputy Minister indicate that those in self employment and employed by institutions add up to a total of about 42,000 whereas the number of foreign nationals living in Zambia, whether the number she has given is accurate or not, adds up to a very large number in excess of a million. Would the hon. Deputy Minister account for what the rest above the 42,000 who are in gainful employment are doing in this country and what they are living on.

Hon. Opposition Members: Hear, hear!

Ms Njapau: Mr Speaker, I think the hon. Member for Luena is aware that some foreigners who come into this country are married and some come with their families. Others are invited to come and work in this country. Therefore, I do not really know why the hon. Member of Parliament wants to know why these people are coming into the country.

Interruptions

Ms Njapau: Mr Speaker, we are all aware that we have refugees in this country and that they are not Zambians. The fact is that we are keeping foreigners in this country.

Interruptions

Mr L. J. Mulenga: Mr Speaker, I would like to find out whether she understands the level of unemployment in our country that is full of skills and expertise compared to expatriates who have been employed. I will give you an example of the Copperbelt Province.

Hon. Government Members: Ask your question?

Mr L. J. Mulenga: Mr Speaker, I have already asked the question. The question is, does she understand that we have labourers on the Copperbelt who are being employed at the expense of skilled Zambians?  Furthermore, we have expatriates who have come in the country, especially on the Copperbelt and particularly in Kwacha Constituency in Bulangililo, who are posing security risks to the nation?

Dr Chituwo: Mr Speaker, we are aware, as a Government, of the level of unemployment. This is why, as explained in our answer, in areas where expatriates are to be employed, not only do we ask for particulars, but organisations where these people are applying to are requested to indicate the existence of such vacancies. It is true that when investors come and bring their resources, there will be employment for those skills that are not available. However, for the skills that are available, employment of local people has been taking place.

Mr Speaker, the issue is, the creation of these employment opportunities have not been able to match with the need for employment in our country. Therefore, we have to work very hard in order to reduce the level of unemployment in our country.

I thank you, Sir.

Dr Njobvu: Mr Speaker, is the hon. Minister aware that for Lusaka alone, the figure given is 20 % of the population and that in other countries, the increase in the population of foreigners in the country will generate demand for political participation?

 Dr Chituwo: Mr Speaker, I detect a misunderstanding with regard to the 2,403,000, this is over a six-year period. Therefore, it is a cumulative figure and not for one year. However, as directed, the Clerk will look into this.

Secondly, we are aware that when there is a large number of foreigners in the country, we have to provide surveillance and be vigilant with regard to the security situation and this is how we have been able to enjoy this peace. It is because of the vigilance of the gallant men and women who have maintained peace in our country.

I thank you, Sir.

Mr Nsanda (Chimwemwe): Mr Speaker, I would like to find out from the hon. Minister how much revenue the self-employed foreigners have brought into the country.

Dr Chituwo: Mr Speaker, that question has departed slightly from the original question. However, if the hon. Member of Parliament is patient, we can bring the figures on the cumulative investment.

I thank you, Sir.

Mr Speaker: Order!

(Debate adjourned)
______

The House adjourned at 1915 hours until 1430 hours on Thursday, 12th July, 2007.