Debates- Wednesday, 7th March, 2001

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Wednesday, 7th March, 2001

The House met at 1430 hours

[MR SPEAKER in the Chair]






81. Mr Chiinda (Chikankata) asked the Minister of Local Government and Housing when the Mazabuka Municipal Council will grade the following feeder roads in Mazabuka District:

    (i)    Kaleya/Siyowi;

    (ii)    Magoye/Chivuna;

    (iii)    Magoye/Kalama;

    (iv)    Magoye/Munenga;

    (v)    Mwanamainda/Nega Nega;

    (vi)    Chin’gan’gauka/Simwaambwa;

    (vii)    Kafue Gorge/Cheeba;

    (viii)    Lubrikoff/Hapwaya;

    (ix)    Malabo/Hapiku;

    (x)    Malabo/Mubwetuba/Nadezwe;

    (xi)    Mazabuka/Shimungalu;

    (xii)    Mazabuka Bridge/Nakambala Market;

    (xiii)    Mazabuka/Lubombo; and

    (xiv)    Nega Nega Turn-off/Naluama Court

The Deputy Minister of Local Government and Housing (Mr Musonda): Mr Speaker, I wish to state that my ministry plans, through the councils, to grade and maintain roads in all districts. Councils will utilise Zambia National Service equipment based at provincial centres. Roads in question will be included in the programme which is scheduled to start soon after the rains.

Thank you, Sir.


82. Mr Chiinda asked the Minister of Health:

(a)    why Wards C, D, F, G and part of Bethany Ward at Chikankata Mission Hospital have not been utilised since December, 1999; and

(b)    to what use will these Wards be put.

The Deputy Minister of Health (Mr Mwansa): Mr Speaker, I wish to inform the House that Wards C and D are awaiting renovations.

Wards F and G were to be converted into X-Ray and Physiotherapy Department but following the advice by the National Radiology Board, the wards were not suitable for housing the X-Ray Department because of being in the centre of the hospital. The plan, now, is to use the facility for breast feeding mothers as soon as we have funds.

Thank you, Sir.


84. Mr Chiinda asked the Minister of Agriculture, Food and Fisheries:

(a)    why farmers in the Southern Province are not fully utilising the K2 billion from the Presidential Fund for animal diseases; and

(b)    how many cattle clubs in the Southern Province have benefitted from the same fund in (a) above, district by district.

The Deputy Minister of Agriculture, Food and Fisheries (Mr Chikamba): Mr Speaker, there are various reasons why many small-scale farmers are not fully utilising the K2 billion from the Presidential Fund for animal diseases in Southern Provinces. Some of the reasons are as follows:

(i)    resistance by farmers to paying the minimum ten per cent initial contribution requirement;

(ii)    some farmers thought that the Fund was meant for restocking since they had lost their animals and, therefore, they are not interested in borrowing for animal disease control purposes;

(iii)    some farmers would rather have individual loans rather than group loans. Also, some farmers prefer hard cash as compared to provision of veterinary requisites; and

(iv)    some farmers fear that their personal property may be grabbed in the event of their failing to repay the loan.

As for (b), Mr Speaker, a total number of seventy-seven farmer groups, out of 281 registered farmer groups, have benefited from the Southern Province Animal Disease Control Programme Fund as tabulated below:


District    Kwacha Amount    Groups
    Disbursed    Benefitted

Choma    33,523,200.00    9
Mazabuka    36,913,000.00    13
Monze    63,719,580.00    19
Kalomo    28,700,200.00    9
Livingstone    13,485,000.00    6
Namwala    33,178,420.00    5
Sinazongwe    3,671,200.00    2
Gwembe    50,881,020.00    8
Siavonga    6,093,000.00    1
Itezhi-tezhi    19,400,000.00    4

Total    289,564,620.00    77


Mr Speaker: Order! It looks as if the Members are aware of what the Chair is not aware of. Whatever it is, can we get on with the business of the House.


Mr Speaker: Will the hon. Minister of Agriculture, Food and Fisheries continue, please.

Mr Chikamba: Sir, I was just saying that the total amount disbursed is K289,564,620 to the seventy-seven groups that have benefitted.

Thank you, Sir.

Miss Phiri (Chadiza): Mr Speaker, I would like the hon. Minister to extend the same provincial presidential funds for diseases to other provinces throughout the country.

Mr Chikamba: Mr Speaker, it is the intention of the ministry to provide service in the control of diseases all over Zambia.

I thank you, Sir.

Mr Ngulube (Lundazi): Mr Speaker, may the hon. Minister confirm to this nation that it is because of too much bureaucracy that the farmers are not accessing these funds and also because they have not sensitised the farmers.

Mr Chikamba: Sir, in the administration of the Civil Service you expect that but I think we are trying to address this question as from tomorrow when I meet Members of Parliament from Southern Province so that we can resolve on certain modalities that should be followed in accessing these funds.

I thank you, Sir. {mospagebreak}


85. Mr Chiinda asked the Minister of Agriculture, Food and Fisheries how many hectares of land were under commercial farming, country-wide, in the following categories:

    (i)    maize production;

    (ii)    wheat production;

    (iii)    coffee production;

    (iv)    tobacco production;

    (v)    cattle ranching; and

    (vi)    game ranching.

Lieutenant Colonel Ngulube: Mr Speaker, the question does not specify the period in reference. It is, therefore, assumed that it refers to the 1999/2000 agricultural season since information on the 2000/2001 season will only be available sometime after April.

The following hectares of land were put under commercial farming during the 1999/2000 agricultural season.
Crop    Hectares

Maize production    85,000

Wheat production    9,000

Coffee production    3,800

Tobacco production     1,700

No information was collected on areas under cattle and game ranching.

I thank you, Sir.


86. Mr Chiinda asked the Minister of Home Affairs when the police check point near Turn Pike in Mazabuka district will be manned by officers from the Mazabuka District Police Office as opposed to officers from Kafue District Police Office which is in Lusaka Province.

The Deputy Minister in the Vice-President’s Office (Mr Mateyo): Mr Speaker, the check point at Kafue Bridge near Turn pike is a strategic road control point manned by various security organs of the Government meant to control stolen vehicles, stock movement, traffic infringements and security of the road bridge. The police check point is manned by officers from Kafue Police Station because it is logistically more cost effective and efficient to administer it from Kafue because of its geographical proximity than it would be to administer if from Mazabuka.

I thank you, Sir.




Mr Banda (Mkaika): Mr Speaker, I beg to move that this House do adopt the Report of the Parliamentary Select Committee to scrutinise the appointment of Puisne Judges for the Fifth Session of the Eighth National Assembly, laid on the Table of the House on 6th March, 2001.

Mr Speaker: Is the Report seconded?

Dr Kabanje (Mwandi): I second the report, Sir.

Mr Banda: Sir, the terms of reference of your Committee were to scrutinise the appointment of Messrs Raphael Okika Okafor and Anthony John Nyangulu to serve as Puisne Judges, pursuant to the provisions of Article 95(1) of the Constitution of Zambia, Cap. 1 of the Laws of Zambia, which reads, and I quote:

    ‘Puisne Judges shall, subject to ratification by the National Assembly, be appointed by the President on the advice of the Judicial Service Commission.’

Your Committee, Sir, in ensuring that the appointees did not have any adverse security, criminal or, indeed, drug-related cases against them, before they could be considered for ratification by the House, sought the expert services of the following Government investigative agencies:

(i)    Zambia Police Service;

(ii)    Anti-corruption Commission;

(iii)    Drug Enforcement Commission; and

(iv)    The Zambia State Intelligence Service.

Mr Speaker, the confidential reports to your Committee received from the four investigative agencies of Government indicated that the appointees did not have any adverse, corrupt, criminal, security or drug-related offences against them.

Further, your Committee sought the services of legal bodies to determine the professional suitability of the appointees, that is, the Law Association of Zambia and the Judicial Service Commission.

Sir, both the Law Association of Zambia and the Judicial Service Commission highly recommended the professional suitability of the two appointees stating that they both had the relevant qualifications, experience and integrity to serve as Puisne Judges, to ease the workload of the High Court.

Sir, the Committee are happy to report that the hon. Minister Without Portfolio, on behalf of the appointing authority, briefed your Committee on the merits of the appointment of the two nominees.

In his submission, the hon. Minister also informed your Committee that the nominees were adequately qualified, of high integrity and experienced enough to serve as Puisne Judges. He stated that there was urgent need to appoint more judges in order to enhance dispensation of justice. Nevertheless, owing to poor conditions of service and lack of infrastructure, it has been difficult to fill the Bench.

He informed your Committee that out of a total establishment of thirty Puisne Judges, only twenty-three positions have been filled so far. This means, Sir, that should the House ratify the two nominees today, there will still be more Puisne Judges to be appointed to fill the establishment as approved by this House.

Your Committee, Sir, also interviewed the appointees and examined all the evidence, both oral and written, in respect of both of them. They also carefully examined the candidates’ curriculum vitae. Your Committee’s assessment is that both appointees are well qualified, experienced and competent to serve as Puisne Judges.

In this regard, Sir, your Committee established that Mr Raphael Okika Okafor has been with the Ministry of Legal Affairs since 1974 when he came to Zambia and joined the Department of Legal Aid as a Counsel. He rose through the ranks to the position of Acting Director of Legal Aid up to 1985. In 1986, he was transferred to Ndola State Chambers in the Office of the Director of Public Prosecution as a Senior State Advocate, rising through the positions to that of Principal State Advocate, the post he currently holds. 

Sir, before 1974, Mr Okafor, upon qualifying as a Barrister at Law, worked as an Executive (Legal) Officer in the Department of Environment in London, United Kingdom, from 1967 to 1974.

Therefore, it is your Committee’s view that his vast experience will be invaluable to the High Court.

With regard to Mr Antony John Nyangulu, Mr Speaker, your Committee is of the view that he has distinguished himself as a Legal Practitioner. After graduating from the University of Zambia (UNZA), he went to the Law Practice Institute where he got admitted to the Bar in 1970. He then joined the Ministry of Legal Affairs until 1975 when he joined Chuula and Company, a private law firm. From 1978 to date, he has run the firm as his own under his name and has practiced as a private practitioner since then.

Mr Nyangulu also served as President of the Town and Country Planning Tribunal from 1985 to 1996. He served as a High Court Commissioner from 1993 to 1997. He also served as Chairman of the Local Government Electoral Commission from 1994 to 1997. He has, therefore, been found to be of high personal and professional integrity, with adequate experience and sound knowledge of the law. It is your Committee’s considered view that this able and experienced nominee will have positive bearing on the High Court Bench.

Mr Speaker, your Committee has established that the two appointees are eminent lawyers and possess vast experience, which will enable them discharge their duties diligently as Puisne Judges.

From the foregoing, your Committee is comfortable with the two nominees and, therefore, recommend that they be ratified as Puisne Judges.

Your Committee, therefore, Sir, unanimously recommend to this august House that the appointment of Messrs Raphael Okika Okafor and Antony John Nyangulu to the position of Puisne Judges be ratified.

In conclusion, allow me, Sir, to make a few additional observation that your Committee made during their deliberations. Firstly, Sir, your Committee expressed some concern on the contradictory information provided by State Security Agencies. As the work of Parliament is to ratify these appointments, it is your Committee’s recommendation that the Government organs, especially investigating wings submitting information which is very brief to any other Select Committee should, in future, submit accurate information to enable hon. Members of the Committee not doubt the information provided.

Secondly, Mr Speaker, your Committee observe that there are some disparities in the rate of conclusion of civil and criminal cases. In this regard, your Committee recommend that the Judiciary should establish specialised courts in order to offset the backlog in the Judicial System. This can be done by specialised judges in civil, criminal, family or constitutional matters, etc. This, Sir, will greatly help in reducing public complaints over the slow pace it takes our courts to dispose of cases and deliver judgment. The Judiciary, in conjunction with the Executive, need to urgently address this matter.

While recommending the Government on the issuance of Statutory  Instrument No. 2 of 2001, improving the conditions of service for our judges, your Committee recommend that their conditions of service be improved further so that the Bench could attract experienced and eminent lawyers. In order to expedite the dispensation of justice in the country, your Committee further recommend that the Executive consider employing legally qualified researchers to assist judges in research and this will help in reducing the backlog of cases in the Judicial system. {mospagebreak}

Your Committee further recommend that, in future, gender balance should also be considered when appointing persons to the Bench, especially that there are still more positions to be filled.

During its deliberations, your Committee were informed that according to the provisions of Article 97(1) of the Constitution, none of the female legal practitioners in the country, at the moment, qualify for appointment to the Bench. However, your Committee, Mr Speaker, are aware that under Clause (2) of the same Article 97, the appointing authority may dispense with the requirements specified under Clause (1) of the Article. In the light of this provision of the law, Sir, your Committee wish to urge the Government to use the provisions of Clause (2) of Article 97 of the Constitution to promote gender balance by appointing female legal practitioners in the country to the Bench.

Finally, Mr Speaker, your Committee wish to record and express their appreciation for the advice and services rendered by the Office of the Clerk of the National Assembly and for the submissions received from Government investigative agencies, the Law Association of Zambia, the Judicial Service Commission and the hon. Minister Without Portfolio.

Above all, your Committee wish to express their profound gratitude to you, Mr Speaker, for appointing them to serve on this very important Select Committee. I trust that their report and recommendations will receive unanimous support of the House.

Mr Speaker, Sir, I beg to move.

Hon. Members: Hear, hear!

Dr Kabanje (Mwandi): Mr Speaker, I am delighted to second this motion. I have great pleasure in associating with the sentiments so ably eloquently debated by the learned and distinguished hon. Member of Parliament for Mkaika Constituency.

Mr Speaker, the rule of law is the best guarantee for safeguarding the development of an advanced multi-cultural and multi-lingual society and for assuring economic development and prosperity.

Mr Speaker, the rule of law is meaningless if it has no one to guard it.

Mr Speaker, Judges are the tested guardians of the rule of law. Sir, democracy is meaningless without the rule of law and precisely, because of the rule of law, it is an outcome of the working out of the historic contradictions generated by personal rule. The rule of the person has always been characterised by culprits, subjectivity, lawlessness and constant shifting of the goal post.

Mr Speaker, the Judges are an important institution for safe-guarding democracy and fighting mopocracy. Therefore, the rule of law presupposes the existence of a constant within the super structure. That constancy in the super structure is of course, non other than the Constitution. The Constitution is like the geographic north pole. It is fixed and it is a term of reference. To use an example from mathematics, the Constitution of a country is like the constant and other laws are the variable. The duties of the Judge is in the final analysis to defend, protect and be reliable guardians of the Constitution.

In this length, Sir, Government should seriously fulfil, its undertaking to establish the constitutional code, initially as a division of the High Court. More than ever before, Mr Speaker, it is obvious that such a code would greatly improve the workings of our democracy.

Mr Speaker, of the three branches of Government, the Judiciary is the loneliest and the most taxing one. The Executive and the Legislature operate effectively in the lime light of media coverage and in fact, turn to patronise with the press to advance their careers and also take collective decisions. For a Judge on the other hand, all important decisions are done in solitude. Judges withdraw from the larger canvass of social activities. I, therefore, recommend Government for the effort it made in improving slightly the conditions of service of our Judges.

However, the bulk adjudication is carried out at subordinate court levels. Regrettably, this segment appears to be neglected all the time. In similar measures, Sir, the plight of state advocates, legal aid lawyers pose a great threat to the justice delivery system. To perform their work satisfactorily, adjudicators require the assistance of both the defence and the legal councils. The bench is not wholly complete without a robust bar.

Mr Speaker, given the present social battles, it is obvious that when next the Zambian people draw their Constitution, certain powers should be drafted in the negative. This is the only way that the Constitution could truly and legitimately be seen as a social horse that gives and limits power. This approach would make the work of our legislature and judiciary much easier. For example, in the American Constitution, negative power appear in this form; Congress shall make no law abridging the freedom of speech. What joy that would be if our Constitution read; ‘Parliament shall make no law extending the tenure of office of President beyond two five year terms’. This approach, Sir, ...

Mr Speaker: Order! The hon. Member is seconding the Motion. May he stay within the confines of the Motion.

May he resume his debate and avoid extraneous issues.

Dr Kabanje: Mr Speaker, at present there is doubt about the supremacy of the Constitution and Legislature. This is because the party that enjoys parliamentary supremacy inevitably has power to over ride the Constitution. However, where in certain countries, Sir, even though, ...


Hon. Opposition Members: Go ahead!

Dr Kabanje: Mr Speaker, I was urging that the Judges are the important custodians of our Constitution. Therefore, it also implies that behind our laws, there is a moral code. A moral code is that which is reflected by our Judiciary to be part and parcel of the fabric of legal system.

Mr Speaker, I was merely saying that Judges perform best when they underline constitutional norms leave very little room for ambiguity and misinterpretation. After all, Sir, the notion behind  the Constitution was to tame the leviathan.

Finally, Sir, it is important for us that our democracy can only be strengthened when thuggery and violence are prohibited. In this regard, Sir, I wish to suggest that, it is high time the legislature specifically made a law against political violence and thuggery. This, Sir, means that the party zealots, philistines and pyschophants should not be allowed to derail our democracy.

Mr Speaker, I beg to second.

Hon. Opposition Members: Hear, hear!

Miss Malama (Chipata): I thank you, Mr Speaker, for affording me this opportunity to contribute to this important debate before the floor of this august House.

Mr Speaker, let me commend the mover and the seconder for presenting a very well researched Report.

Mr Speaker, I will be failing in my duties if I do not congratulate the newly elevated Deputy and Cabinet Ministers, especially the two from Eastern Province.

Hon. Members: Hear, hear!

Hon. Member: Chinyau!

Miss Malama: Mr Speaker, let me briefly talk about Mr Anthony John Nyangulu. Looking at his curriculum vitae, Sir, Mr Nyangulu is highly experienced, educated and mature person with vast experience.

Mr Speaker, Mr Nyangulu was admitted to the bar as an advocate of the High Court of Zambia as far back as 24th January, 1972. From his curriculum vitae, Sir, you can tell what type of a man he is and how experienced he is. Mr Speaker, I really support Mr Nyangulu’s appointment.

Mr Speaker, let me commend the Government of the day for recognising the women in this field, both at the High Court and Supreme Court.

At the Supreme Court, Sir, we have Justice Lombe Chibesakunda who is also the Chairperson of the Women's Right Commission. At the High Court level, we are also represented by a number of women judges. For example, in the High Court, we have Justice Irene Mambilima, Justice Gertrude Chawatama and Florence Lengalenga. These women judges are a pride to us as Zambian women. And we hope more appointments in the ministries as well as in the Government will be considered for women.

I am also happy to note that we have Justice Florence Mumba who is representing Zambia at the International Court of Justice at  the Hague, Netherlands. For this, I commend my Government. It is our hope that more and more women, especially the upcoming young lawyers will take the example shown by their learned elder sisters to aspire for the highest judicial position.

Hon. Members: Hear, hear!

Miss Malama: However, I do not feel very happy because no woman was considered for appointment to the Front or Middle bench at this point in time when we are debating this motion on the Floor. I wish one woman also would have been appointed. I urge my Government to consider women. Women do a lot of jobs. We are here in Parliament. Women are very much used in campaigns. Women are asked to sing and dance. Without women, you cannot be here in this august House. 


Miss Malama: I, therefore, urge our Government in these decision-making positions that women also should be considered. They should not just consider men. The hour is not only for men. Even women should enjoy the cake of Zambia. In fact, this could be one of the reasons why we do not have many women judges both at the High Court and Supreme Court level. 

Mr Speaker, I would be failing in my duties if I do not urge more women to compete with men in the legal profession, especially the bench. We need more women because we want things to be sober and good as women are very trusted. 

With these few remarks, I thank you, Sir.

Mr Sibetta (Luena): Thank you, Sir.

Mr Chairman, in the first place, I wish to congratulate the new hon. Ministers who have deservedly moved from the back bench to the Government portfolios, Hon. Namuyamba, Hon. Simuyandi, and Hon. Matubulani who until recently did not know exactly where his position was ...


Mr Sibetta: ... my two brothers from the east, Hon. L. A. Mumba, Hon. Nyangu and Hon. Sokontwe. The responsibility on your shoulders will be enormous and we wish you success. These are really deserved positions for you from the back bench to go into the Middle Bench and Front Bench. It is a job well done. Congratulations. Do not forget where you came from in the back bench.


Mr Sibetta: Mr Speaker, I wish to congratulate, again, the Government for coming up with two appointments of puisne judges that are being brought to the Floor ...

Mr Mululu: Pwisne judges.

Mr Sibetta: They are not pwisne but puisne.

Hon. Government Members: Ah!

Mr Sibetta: It is an English word. You have not gone to school, Hon. Mululu.


Mr Mululu: I have.

Mr Sibetta: No, you were at Katuba Elementary School. 


Mr Sibetta: It is pronounced Puisne not Pwisne. We have the Clerk of the House who is a barrister and he will help you on this matter.


Mr Speaker: Order! The Chair keeps hoping that some day the hon. Member for Luena will debate in such a way as not to attract the intervention of the Chair in his debate. 


Mr Speaker: May he debate the motion by addressing this Chair and not sub-chairs out there.

May he continue, please.

Mr Sibetta: Thank you very much, Sir. My cousin from Katuba Constituency was trying to attract my attention.

Mr Speaker, judges like Parliament, make laws. We, here assembled, are law makers. And, indeed, gentlemen, I was congratulating the hon. Ministers under delegated legislation. They also make statutory instruments. But judges make laws on case law and these landmark case decisions go towards making precedent and fertilising the extent of our law. And we, here assembled, cannot actually legislate for everything. So it remains to the judges to really be prolific to be fertile and enrich our judiciary by coming with distinguished judgements. For example, in this country, we have a controversy that has been raging on for sometime. The police tend to feel they have the authority to approve public meeting permits when, in actual fact, the penal code does not say that the police should approve. 

So, people like Mr Anthony John Nyangulu and Mr Raphael Okika Okafor are being looked forward to to help the judiciary and improve by way of case law and tell the police in this land that they have no authority to approve. All they need is to know that there will be a public demonstration or meeting and not to approve. The law does not give them the authority to approve. And, therefore, we are looking to such kind of gentlemen that are joining the bar using the case law system to tell the police that they are actually offside and they should allow members of the public to demonstrate as long as they give due notice. That is what the law says. And we are hungry in this country for judges who will show courage and bravery to state what the penal code stands for. We are looking forward to using the basis of their case law authority to direct the police that they are not to approve permits. 

So, the inclusion of new judges like these learned brothers is a welcome sight to us on the Opposition side of the bench because we think one or both of them have the capacity and capability to be able to interpret and state the law clearly because, at present, the police seem to be used to control the public when they want to express their feelings by way of demonstration or holding public meetings.

Mr Speaker, when you appoint somebody to a job as important as a judge, you have to quickly move in and begin to prepare the necessary requisites that go with this office. We have more cases of our own brothers and sisters who have been appointed and have taken time to be robed or to be given the necessary regalia, transport and housing. Some of them when they are called to come all the way from their places like Ndola or Livingstone to come to Lusaka to receive the patent of office from the President. No official transport has been given to them and we think this is embarrassing to appoint people like the judges and the system does not move quickly before their names are ratified here that everything is put in place so that they are not embarrassed.

There have been almost some cases where some appointed judges have almost decided to go back to private practice because they had not been given the necessary support by way of office, transport or uniform. So, I hope in the case of our two brothers, all the necessary arrangements have been put in place so that they should not be embarrassed like what has been the case in the past.

Above all, Sir, this country is hungry for brave judges who are able to stand between the ordinary common person and the system. The judges who are always siding with the system are not good to the Republic because the majority of the people in this land are ordinary people who need to be protected and secured by judges. They must not be used to crush the common man. They must be there to uplift the down-trodden when the system of law is being used to crush them. Time is now for experienced men like Hon. Nyangulu whom I know very well that they should stand up and be counted when they are on the bench to protect the rights of the individual people. They should not protect the rights of the Government. For example, we passed the very punitive State Proceedings Bill which, I hope, has not been signed up to now and since we are in March, 2001, that law should have lapsed. We are waiting to be told and we will cheer up if the President has not assented to that punitive law.

With these few remarks, Sir, I thank you, Sir. {mospagebreak}

Major Kamanga (Lumezi): Mr Speaker, as I stand to support the motion on the Floor of the House, I wish to, first of all, congratulate the new hon. Minister of Local Government and Housing, Deputy Ministers of Defence; Labour and Social Welfare; Sport, Youth and Child Development and Hon. Sokontwe who is not very tall. I also wish to congratulate Hon. Nyangu and Hon. Levy Mumba, Minister for Eastern Province. 

As you take up the new appointments, do remember that Zambia is what you stand for and you will represent us accordingly and I hope that Hon. Levy Mumba, as he goes to Eastern Province, will ensure that traditional rulers play their role in the traditional circles.


Mr Kamanga: Mr Speaker, I would have loved if the number of women judges on this list was higher ...

Dr Mbikusita-Lewanika: Hear, hear!

Major Kamanga: ... than that of men. We have a lot of women who qualify to be judges of the High Court and it is time we moved in that direction. Therefore, I urge the Government that next time around when they think about judges, we should only come and see female judges.

Dr Mbikusita-Lewanika: Hear, hear!

Major Kamanga: Mr Speaker, the two men are seen from their curriculum vitae that they are highly qualified and experienced and I wish, however, to advise the Government that when you see your neighbour being shaved involuntarily you better prepare for your own shave.

Mr Sibetta: Shaved where?


Major Kamanga:  Look around and see the situation in Zimbabwe and elsewhere ...

Mr Speaker: Order! It is always very slippery to debate in the manner that the hon. Member is about to do. Let us leave foreign states, particularly neighbours, out of our debates, especially if we may debate them in poor light.

May the hon. Member for Lumezi, please, take heed and move on.

Major Kamanga: I thank you, Sir. I wish to urge the Government to ensure that we do not lose the highly qualified lawyers that can do equally a good job in the Judiciary by leaving them out. We will do well to see these young women and men appointed to such positions.

Mr Speaker, I support the appointment of the two judges. 

I thank you, Sir.

The Deputy Minister of Finance and Economic Development (Mr Simasiku): Mr Speaker, I wish to take this opportunity to, as well,  congratulate the hon. colleagues who have been mentioned here and also to congratulate the hon. Deputy Chairman of the Committees here on his special day (birthday) today which I share with him, Hon. Hapunda.

Hon. Members: Hear, hear!

Mr Simasiku: We were born in the same year.

Mr Sibetta: Where is the cake?

Mr Simasiku: Mr Speaker, there are a few lessons to learn from the nominations that have been brought before this House this afternoon for ratification by this august House. The lesson that I would like us to reflect on and, indeed, the legal fraternity to bear in mind, is the question of service above self.

I would like to take an example of the nominee here Mr Raphael Okafor who has been in this country for twenty-seven years now serving in the Government in the important positions that he has held through the Ministry of Legal Affairs. I have personally known Mr Okafor when he went to Ndola when I was a Member of Parliament in that town.

He is a selfless person who would have easily gone into private practice when it was very lucrative in those days but he stuck it out with very meagre conditions of service obtaining at the time. It was not uncommon to see how our professionals from the University of Zambia with hardly two or three years in service, moving on to greener pastures. You can imagine, they went into parastatals and in their own various firms that they established but here is Mr Okafor who went through very trying moments from his own country and came here in the name of justice and has been maintaining and proclaiming justice in all the offices above board. I have never heard any serious cases they are called to come all the way from their places like Ndola or Livingstone to come to Lusaka to receive the patent of office from the President. No official transport has been given to them and we think this is embarrassing to appoint people like judges and the system does not move quickly before their names are ratified here that everything is put in place so that they are not embarrassed.

There have been almost some cases where some appointed judges have almost decided to go back to private practce because they had not been given the necessary support by way of office, transport or uniform. So, I hope in the case of our two brothers, all the necessary arrangements have been put in place so that they should not be embarrassed like what has been the case in the past.

Above all, Sir, this country is hungry for brave judges who are able to stand between the ordinary common person and the system. The judges who are always siding with the system are not good to the Republic because the majority of the people in this land are ordinary people who need to be protected and secured by judges. They must not be used to crush the common man. They must be there to uplift the down-trodden when the system of law is being used to crush them. Time is now for experienced men like Hon. Nyangulu whom I know very well that they should stand up and be counted when they are on the bench to protect the rights of the individual people. They should not protect the rights of the Government. For example, we passed the very punitive State Proceedings Bill which, I hope, has not been signed up to now and since we are in March, 2001, that law should have lapsed. We are waiting to be told and we will cheer up if the President has not assented to that punitive law.

With these few remarks, Sir, I thank you, Sir.

Mr Shimonde (Mwembeshi): Thank you, Mr Speaker, for the opportunity. I, too, would like, first of all, to congratulate all the newly appointed Deputy Ministers and the hon. Minister of Local Government and Housing on their appointments. The bench is still waiting, if they are tired, they should come back and join us.

Mr Speaker, I am one of those who want to add the voice to the motion that we do ratify the Puisne Judges. Mr Speaker, I just want to mention here that when dispensing justice, let our judges be impartial. Let them be our only arbitrators to save our souls. I will declare interest, Mr Speaker, that I was one of the victims in a car robbery where I was attacked by robbers and they grabbed my car and my pistol. When they were arrested, apparently, the evidence was there that they used my pistol to also rob another man, who is now the Deputy Ambassador in Mozambique, of a Toyota GX that time. 

We lost two vehicles simultaneously that month of November. The Deputy High Commissioner was able to identify these criminals in court by way of holding their shoulders and also he was able to identify my pistol which they used to rob him. When we went to court, it came out to be that one of the robbers was married to a police woman who was giving him the police radio to use and also police uniform to evade the police. So, all this evidence came out, but eventually, the courts still let this man free saying there was no evidence, but my pistol was evidence enough.

Unfortunately, the man was released. After two weeks, he went to steal another vehicle. This time the police opened fire and they killed him. So, that police woman is a widow now. 


Mr Shimonde: So, I am saying here, Mr Speaker, that it is not always easy to dig out the whole substantial evidence. My pistol was evidence enough for this person to have been put in the gallows, but for leaving him to go scot-free just because the police could not get more evidence, or, maybe, the police officers were also involved to remove the case records or evidence from the courts. We are looking forward to the judges of this country. They are the only people who can save us from these criminals of this world. So, I am explaining here, Sir, that ...

Mr Sichinga: On a point of order, Mr Speaker.

Mr Speaker: A point of order is raised.

Mr Sichinga: Mr Speaker, I rise on an important point of order and I beg my brother, the hon. Member on the Floor, to allow me just to make this point of order. Is the hon. Member for Nkana (Mr Chulumanda) in order to continue to ignore your directive, Sir, about wearing party badges on the lapels in this House? I seek your serious ruling, Sir.

Mr Speaker: Following that point of order, the Chair cannot see precisely from this end whether that is a party emblem. Party emblems and things of that nature, as you know, are not permitted to be worn in this Chamber. This is not my rule, it is your rule. May the hon. Deputy Chief Whip, please, examine that emblem. I notice it has been removed from the lapel, but still at a convenient moment, could he examine it. If it is an emblem, it should be forfeited to the archives of the National Assembly.

May the hon. Member for Mwembeshi, please, continue.

Mr Shimonde: Thank you, Mr Speaker. I am basically pleading with the lawyers of Zambia that they should be impartial and look after us who are suffering, especially now that the crime level has really risen and these two judges should go there and dispense the justice for all as they take office. 

I, therefore, Mr Speaker, thank you.

Mr C. T. A. Banda (Mkaika): Mr Speaker, I am highly indebted to all hon. Members who have made their contributions on the Motion on the Floor of the House. I have on record six hon. Members, including one Deputy Minister (Mr Simasiku) who have debated. 

I thank them all, once again, for their contributions.  I appeal to the hon. House to support the Motion. I am sure that their support has been noticed from the enthusiasm I could read from their faces.

Mr Speaker, I beg to move.

Hon. Members: Hear, hear!




THE INCOME TAX (Amendment) BILL, 2001

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 ordered to stand part of the Bill.

Long Title agreed to.


Clauses 1, 2, 3, 4, 5, 6, 7, and 8 ordered to stand part of the Bill.

Schedule agreed to.

Long Title agreed to.

THE VALUE ADDED TAX (Amendment) BILL, 2001

Clauses 1, 2, and 3 ordered to stand part of the Bill.

Long Title agreed to.{mospagebreak}



[MR SPEAKER in the Chair]

The following Bills were reported to the House as having passed through Committee without amendments:

The Income Tax (Amendment) Bill, 2001

The Customs and Excise (Amendment) Bill, 2001

The Value Added Tax (Amendment) Bill, 2001

Third Readings tomorrow.




VOTE 90/01 - (Office of the President - Lusaka Province - Headquarters - K8,400,723,189)

The Chairman: To day we are asking the hon. Deputy Ministers from Provinces to begin winding up.

The Deputy Minister of Copperbelt Province (Mr Mulanda): Mr Chairman, Sir, I must begin by congratulating my colleagues that have been elevated in the Front and Middle Benches. 

Sir, thank you for the opportunity to make my contribution on the Estimates of Expenditure for the provinces in general, and the Copperbelt Province in particular. I am most grateful, Mr Chairman, for the contribution by hon. Members of House in discussing the issues pertaining to the provincial administration and the Copperbelt Province in particular.

The MMD Government has put in place a conduce environment for investment; at the same time the whole country is enjoying economic stability and peace.

Mr Kayope: Hear, hear!

Mr Mulanda: The investors on the Copperbelt have taken advantage of conducive environment. The private investment in the mining industry is testimony to this. There is no doubt that the privatisation of the mining sector will have a revival spill-over effect on other businesses which are currently operating below capacity.

The Copperbelt Province has continued enjoying peace, not only within the province, but also with our neighbours. We regret, Mr Chairman, entirely the assassination of President Kabila and it is our prayer that the collective efforts made towards attaining peace in the Democratic Republic of the Congo will lead to a successful conclusion.

The positive economic policies of the MMD Government have given investors in the Copperbelt Province confidence, as they are able now to capture markets, especially in the Democratic Republic of the Congo and other neighbouring countries.

In the province, we have in addition to mining industry, we have also focused development efforts towards other productive activities, especially agriculture. Under the Rural Investment Fund, for example, forty-seven projects were funded throughout the province at a total cost of K725,489,478 and these projects are broken down as follows:

Chingola    2    K65,000,000
Kalulushi    4    K105,200,000
Kitwe    5    K96,472,000
Luanshya    5    K131,000,000
Lufwanyama    7    K83,000,000
Masaiti    5    K43,840,000
Mpongwe    6    K24,956,480
Mufulira    8    K144,567,000
Ndola    5    K31,453,998
    47    K725,489,478

In the Copperbelt Province, Mr Chairman, we are blessed with abundant and fertile agricultural land, perennial rivers and rich virgin soils. Our deliberate policy of resettling retrenched miners has attracted a large number of participants. We now have over 6,000 applications for resettlement and we are making efforts to identify new sites.

In the year 2000, a total of 301 people were allocated plots as follows:
275 were given plots at Lukanga North Resettlement Scheme and twenty-six were given plots at Kambilombilo Resettlement Scheme. There is need, Mr Chairman, for more financial support to the resettlement scheme in order to put into place the required development infrastructure.

Hon. Government Member: Hear, hear!

Mr Mulanda: At the moment, Mr Chairman, only fifty-three per cent of the total planned plots have been demarcated. Only twenty-one per cent of the total 635 kilometres of planned access road network has been done. And only twenty-five per cent of the total eighty-nine wells have been provided. A total of six schools need to be constructed. A total of eighteen bore-holes need to be rehabilitated out of thirty-five planned. Six bore-holes were drilled at Lukanga North Resettlement Scheme last year using funds that were carried over from 1999.

In the year 2000, Mr Chairman, no capital project funds were released to the Department of Resettlement, and this made it difficult for us to do certain things that were intended to be done.

The province, Mr Chairman, has also benefited from the funding by the social recovery project, micro-projects programme, and later in the second half of the year 2000, the Zambia Social Investment Fund under the Ministry of Finance and Economic Development. During the same period a total of thirty-two projects were approved all valued at K5.5 billion, broken down as follows:

Sector    No. of Projects    Total Cost

Education    21    4,204,056,316
Water & Sanitation    7    981,256,627
Infrastructure Development    3    326,948,083
Other projects    1    55,390,489

TOTAL    32    5,567,651,515

Mr Chairman, there has been some diversification of the sectors benefiting from the programmes. The road sector is one in mind. The province, through the various partners, has embarked on the information campaign to improve the accessibility of these funds to the majority of the people. The new Zambia Social Investment Fund (ZAMSIF) is a Government poverty reduction programme supported by the World Bank. The programme will incorporate issues of gender, women, HIV/AIDS, environment and other cross cutting issues so as to build capacities of communities to deal with issues of poverty efficiently. As you are aware, the Government of the Republic of Zambia has been contributing towards poverty reduction by supporting community groups at grassroots level. One of the most striking achievements of these projects was its success at demonstrating an effective demand-led mechanism, which supported community initiatives using the bottom-up approach. 

In the process, Mr Chairman, Government and district institutions were strengthened to support these activities. Several studies have shown that the sub projects have delivered significant benefits to the poor: better education, health, water and sanitation facilities. Community participation in planning and management of the facilities has also greatly improved. Given these experiences, the Government has now embarked on implementing a social investment fund (ZAMSIF) to further contribute to poverty reduction and good governance.

The strategy adopted by ZAMSIF foresees an increasing role for Central and Local Government with the final objective of Central and Local Governments replacing eventually the ZAMSIF management unit in financing local development. To this effect, Mr Chairman, ZAMSIF has allocated over US$2 million for the various districts in the province for the coming four years. The districts, Mr Chairman, will manage these resources through the district planning process of the District Development Co-ordinating Committees.

Mr Chairman, may I also mention that Ndola City has in the past ten years been experiencing economic decline. Big companies such as FUNCOZ and others have closed and some have shifted to other mining towns. The decline in economic activity in Ndola is of great concern to everybody on the Copperbelt. Ndola could become a ghost town if serious measures are not put in place.

Ndola City is a provincial capital of the Copperbelt Province. It has the infrastructure - good rail and road network and an international airport. Ndola City also has telecommunications headquarters, hotels, Zambia International Trade Fair ground and a large industrial area.

Mr Chairman, I am one of the people who support the idea that Ndola City should be an export-processing zone. This will be one sure way towards reviving the economic activity in the city. We must never allow that large beautiful city to die.

May I point out also that the advent of the recent heavy rains and the subsequent floods in streams and dams have led to a situation whereby the Luanshya Mine Complex is partially flooded as we are speaking with the danger of a total loss of the mine.

So far, several mitigation measures have been put in place. Personnel from my office have been seconded to the crisis management team there. The mitigation measures put in place are constrained by the amount of silt which has occurred over the years in the Luanshya Dam and the Luanshya River. To solve this problem, we will have to use the dredger in order to dredge both the dam and the river. But, Sir, what is most urgent is to serve the mine now.

Being the heart of the nation, the Copperbelt needs priority in re-allocating of resources and with increased trade due to the high level of activity in the mining sector, some infrastructure on the Copperbelt needs rehabilitation. I would like to point here specifically to the road network within the Copperbelt towns. It is my earnest appeal that more funding will this year be allocated to the road sector. Ndola Airport being an international airport needs to be rehabilitated to international standards.

Mr Chairman, until economic diversification becomes a reality, the Copperbelt province will continue to be the heart and lifeline of the country. It is for this reason that I commend my entire fellow Members of Parliament in that part of the country for tirelessly working towards the improvement of the province. 

Hon. Members: Hear, hear!

Mr Mulanda: We are also very grateful, Sir, for the other Members of Parliament who have debated in support of the Copperbelt Province. Mr Chairman, let me now turn to the comments made by hon. Members of Parliament on the Copperbelt Province.

Mr Chairman, the hon. Member for Nchanga (Dr Kamata) talked about roads in the province. I agree completely that road repair should quickly move to cover other Copperbelt towns because of the immense activities that keep growing by the day, the province needs a good road infrastructure. I agree with you, Hon. Dr Kamata, but if you look at the pamphlet from the Ministry of Works and Supply, Roads Department, Operations Division, it is an update on the progress on the projects and the projects on roads have been included. You can have a look at that and if you have any questions to ask, our Provincial Roads Engineer is ready to explain and also the ministry can give some guidelines.

Mr Chairman, the hon. Member for Kalulushi (Mr Mwila) is also worried about roads in his constituency. The update on the progress of projects from the Operations Division of the Ministry of Works and Supply will give you some guidelines and any further clarification can be sought from the ministry and also from our Provincial Roads Engineer.

Mr Chairman, the hon. Member for Lufwanyama (Mr Mulongoti) in his new type of debate raised the issue of Kalulushi/Kalengwa Road. We have taken note of that and certainly we shall get it known to the rightful authorities. He also advised about spending some time dialoguing with the Chiefs and spending less time in towns. We take that advice. We certainly do a lot of dialoguing with the Chiefs but we have taken note of his advice.

Mr Chairman, the other roads that hon. Members are mentioning on the Copperbelt can be found in the Update on the Progress of Projects but a lot of them that are being mentioned, the contracts have already been signed.

Mr Chairman, I thank you.

Hon. Members: Hear, hear!

The Deputy Minister for North-Western Province (Mr Kambilumbilu):  Mr Chairman, I thank you for allowing me to give my report. Sir, before I do that, we are told that today is the Birthday for Hon. Hapunda.


Mr Kambilumbilu: Now, Sir, if today is the Birthday for Hon. Hapunda, the question is:...


Mr Kambilumbilu: ... Is Hon. Hapunda a baby or a senior baby? However, I will give him my congratulations. Hon. Hapunda, happy birthday to you, Sir, and how old are you now?


Mr Kambilumbilu: Mr Chairman, we, the people of North-Western Province wish to offer our sincere and heartfelt congratulations to our Republican President on his continued and tireless efforts in fostering and upholding democracy in our young and dynamic nation. We also thank him for his hot pursuit for a settlement for a political impasse in the Democratic Republic of Congo.

Mr Chairman, the provincial administration in the North-Western Province is charged with the responsibility of monitoring the implementation of all Government policies in the province. To implement, co-ordinate, evaluate and monitor all Government programmes require adequate funds from the Treasury in order to enhance productivity for the purpose of improving and sustaining the standard of living of the people in the province. Short of that, Sir, we have a problem.

Mr Chairman, the province, however, in the course of the year, received from the Treasury some small releases which were used only to clear outstanding bills.

Mr Chairman, on home affairs, North-Western Province being one of the provinces that shares boarders with Congo DRC and Angola has experienced an influx of refugees from these two countries and the number of which is not less than 60,000 refugees. Some of these asylum seekers bring with them some weaponry which they hide before reaching the entry points but to be collected later when they have been given authority to live in the Maheba Resettlement Camp as refugees.

Mr Chairman, for security purposes the Government, however, has taken remedial measures to protect its citizens along the borders. On the impact of refugee influx in North-Western Province, the impact is both positive and negative. The positive aspects are the contribution to the food security of the province and Zambia from the excess agricultural production by refugees. 

Angolan refugee teachers who received education and training in Zambia are teaching in various schools in Zambia. Angolan nurses trained in Zambia are working in various health centres in Zambia. 

About 500 Zambian children over the surrounding villages in Maheba are attending schools constructed for refugees. The refugee health services are also open to Zambians residing in villages around Maheba. 

The negative aspect is the deforestation due to cutting down of trees and shrubs for construction of houses and firewood and over-stretching of the social services facilities of the province as there was no provision in the provincial development plan to cater for the refugees.

There is an urgent need, therefore, Mr Chairman, for donors and the Government to provide funds and other resources to the provincial authorities to facilitate the integration of the refugee programme into the provincial development programme pending the implementation of the Angola Lusaka Peace Accord which will facilitate voluntary repatriation.

Relationship with Angola and the Congo DRC

Mr Chairman, adverse reports in the media have been made that the relationship with the two countries, I have just mentioned, has remained very warm indeed. The police have further established some police posts in the province to make sure that there is enough security to deal with any criminal problems.

Traditional Leaders Seminar

Mr Chairman, with regard to traditional leaders, the provincial administration organised a one day workshop for all the senior chiefs in the province, including the Solwezi based chiefs. The workshop was intended to keep the traditional rulers abreast with Government policies and programmes on various sectors of the economy. The workshop also gave the chiefs an opportunity to discuss matters of security affecting their Chiefdoms and also exchanged ideas on matters of co-existence. What we are reaping in the province now, is peace and we believe that this spirit of togetherness will continue.


Mr Chairman, admittedly, all the hospitals in the province are experiencing shortages of doctors and trained medical personnel. We have strongly appealed to the Government and it is looking into the matter seriously.


Mr Kambilumbilu: Solwezi General Hospital was built in 1975 and needed rehabilitation. When we appealed to our Republican President, we received a sum of K30 million. So far, we have renovated the pharmacy building and other rooms which were in very bad shape. We also appealed to the President for an ambulance which he promised us to collect from State House before the end of this month.

Hon. Government Members: Hear, hear! {mospagebreak}

Mr Kambilumbilu: The Government is fully committed to the health services of its citizens in the province.

In Mufumbwe District, tender for the construction of the hospital has already been floated by the Zambia National Tender Board and immediately the contractor is approved, construction will commence. The project will gobble not less than K800 million. Last year, the same rural health centre hospital received a new ambulance.

Community Development

Mr Chairman, the MMD Government has continued ...

The Chairman: Order!

Business was suspended from 1615 hours until 1630 hours.

Mr Kambilumbilu: Mr Chairman, I thank you for allowing me to continue with my debate.

Mr Chairman, the MMD Government has continued to empower our women’s clubs in the province with the provision of hammer mills. This empowerment has been made possible through the use of the Constituency Development Fund.

Traditional Ceremonies

Sir, North-western Province has the highest number of traditional ceremonies in the country. These functions have taken place with the full participation of the Government. Senior Chiefs have been assisted in organising these ceremonies with the donations from the Republican President of K5 million each plus K1 million from the Ministry of Community Development and Social Welfare. Other chiefs’ ceremonies have also received K1 million each from the Ministry of Community Development and Social Welfare. This clearly indicates how much importance our Government attaches to such ceremonies.


Mr Chairman, the Government has continued to offer protection to its citizens against harassment and incursions from the Angolan rebel soldiers in all border areas, namely, Chavuma, Zambezi and Jimbe in Mwinilunga because the MMD Government considers peace as cardinal. It is no secret to say that because of the good understanding between Zambia and Angola, all the animals which were stolen from the Zambian soil by the Angolan rebel soldiers have been given back to the owners.

Management of District Councils

Mr Chairman, all the councils in Mwinilunga have had big problems in paying their workers and have accumulated salary areas for several months. If the Government does not come to their aid, they are doomed to fail and their grave will be their abode.

The information that the District Administrator for Kasempa has dissolved the council is not very correct. The current position is that the councillors themselves resolved to send the entire management on forced leave pending audit investigations because of the alleged financial irregularities on the part of the management.


The province has, now, seen the installation of new FM Radio Transmitters in Solwezi by a Chinese company contracted by the Government. The radio reception has tremendously improved in Solwezi as the distance the reception covers is 120 kilometres radius. It is the wish of Government to extend this service to far flung districts in the province when funds become available.

Works and Supply

The road from Chingola to Solwezi is divided into two. The part from Chingola to Mutanda belongs to Chingola District. The other part belongs to the North-Western Province.

Now, we, from North-Western Province, are more concerned than the road users from Chingola. When the Government on several occasions was approached by myself and my Permanent Secretary, it was agreed that the road be patched first and then later be resurfaced. The first part was done but the second part was not done due to delay in processing the tender and allocation of funds. With heavy rains, all the good work done earlier got destroyed. The Government has agreed to process the tender and the road will be worked on soon after the rains.

Office of District Administrator

The appointment of District Administrators has greatly improved the co-ordination of Government activities at district level. Implementation of Government programmes has been enhanced and monitoring of projects made less cumbersome.

Mr Chairman, you will agree with me that any Government that has the best talent but has question marks about the integrity of its working staff is doomed to fail. In this vein, I would like to thank my Permanent Secretary who helped to shepherd some of our colleagues in the Civil Service so that we could endeavour to work as one and be totally above board. This has not been easy for it meant, in some extreme cases, stepping on other people’s toes, but to the advantage of Government.

Budgetary Allocation

All along North-Western Province has been the least funded, and even when the sum was that little, only 80 per cent was released. This meant that nothing could be done in North-Western Province.

Water Supply Situation in the Province

The existing water supply situation in the province is as follows:

District    Number of Water Points

Solwezi    555
Kasempa    202
Mufumbwe    90
Kabompo    199
Zambezi    128
Chavuma    22
Mwinilunga    279

Total    1,475

It is estimated that each water point serves about 200 people. It is also estimated that about 30 per cent of the water points are not in use. This is due to water drying in the wells, poorly operated and maintenance.

I, now, wish to appeal to my Government that the 2001 Budget has been centred on poverty reduction. Therefore, it has been our hope that this year’s Budget would take a deliberate initiative to tapping the vast range of natural resources in the province. The Central Statistical Office did, in 1998, indicate the incidence of poverty in North-Western Province as standing at 75.8 per cent; Western Province at 89.2 per cent; Northern Province at 81.1 per cent; Luapula Province at 80.9 per cent; Eastern Province at 80.3 per cent; Copperbelt Province at 65 per cent; Lusaka Province at 52 per cent; and Southern Province at 75.8 per cent. North-Western Province was ranked sixth out of nine provinces.

Going by the above information, Mr Chairman, it is realised that the Budget Office did not follow the provincial poverty levels in the allocation of the budget ceiling. Otherwise, the ceilings would have comparatively faired.

Mr Chairman, as I indicated, the percentage for North-Western Province was 75.8 per cent and all along the ceiling was 4.8 per cent, However, the ceiling, going by poverty levels, should have been 5.1 per cent. Now, we have one place which has the poverty line at 52 per cent and the ceiling by Cabinet Office at 5.1 per cent whereas going by poverty levels it should be at 4.2. Sir, North-Western Province did not get enough money.

Size of the province

North-Western Province is one of the largest provinces in Zambia. It comprises seven districts with Kasempa 190 kilometres away being the nearest to Solwezi, the provincial headquarters, and Chavuma being the furthest at more than 600 kilometres away.

There has been general threats on the security of the border line, that is Zambezi, Kabompo and Mwinilunga including Solwezi. The need to have a well equipped and alert force cannot be over emphasised. The province needs enough funds to enable the office of the Deputy Minister and Government departments carry out their functions effectively. The cost of fuel, oil and so on is very high particularly in districts like Mufumbwe, Kasempa, Kabompo, Chavuma and Mwinilunga which are far away from the Copperbelt. This calls for more funding to the province.

In this year’s Budget, the biggest portion goes to personal emoluments, followed by Recurrent Departmental Charges (RDCs) and nil on Capital Projects to most of the departments. The sum of K81 million has been allocated to four departments and none to most of the departments.

The non-provision for capital projects for most of the departments has led to continued failure to meet demands on infrastructure, for example, office infrastructure and transport for close supervision of the districts and departments by the Office of the Permanent Secretary.

Resettlement Schemes

The Resettlement Department requires enough funds and we expect the Budget to consider and provide for a provision on capital projects which could not be provided due low ceiling provided to the province. We expect, therefore, the following:

    (a)     an increased and improved monthly RDCs funding for the province;

    (b    increased and improved funding for capital programmes;

    (c)    organised and predictable funding for VIP visits to the province which should be funded separately from contingency allocation at Cabinet Office without affecting the budget for the province.

(d)    enhanced revenue allocation; and 

(e)    monitoring by the provinces who are near collection points as opposed to ministries. This require reliable transport to the accounting staff and audit section. Hence more on fuel allocation.

Before I sit down, Mr Chairman, I would be failing in my duty if I did not congratulate those of our friends who were in the back-bench and now, it is their turn to be in the Middle Bench. I say congratulations colleagues. I also congratulate my old friend, Hon. Bates Namuyamba to that hot seat and I believe we will shortly be knocking at your doors to see that you do what has not been done.

Mr Chairman, I thank you, Sir.

The Deputy Minister for Southern Province (Mr Chimbwe): Mr Chairman, thank you for giving me this opportunity to contribute to the debate on this Vote.

First of all, Mr Chairman, let me congratulate my colleagues, the five Deputy Ministers and one senior Minister who have been appointed to the new positions. I also congratulate the colleagues who have been elected as provincial chairmen in all the provinces where elections were held. 

Mr Chairman, I am grateful to you for giving me this opportunity to contribute to the on going debate on provincial budgetary estimates. This will enable me share with the House some of the developments occurring in my province.

Mr Chairman, before I go further, let me thank the provincial administration for the work and support which they give to my office and also the provincial heads of departments, for their co-ordination and also working relationship which I have with them. So I also thank them for the wonderful support they are giving my office. 

Mr Chairman, let me start with agriculture in my province. Following Government's intervention in the inputs delivery last season and due to the favourable weather conditions, crop production generally increased last season. However, due to poor rains during the beginning of this season in some areas, particularly, Livingstone and Kazungula District, food production will be less than last year. Let me hasten to note, however, that of late the rain situation has improved. Additionally inputs availability has been a problem in my province due to non-availability of registration forms of co-operatives. Most farming communities could not access agricultural inputs in time. The Food Reserve Agency continues to deal only with registered co-operatives.

Mr Chairman, regarding to animal production and health, I do remember we had a meeting with the royal highnesses where it was resolved that all animals in the province should be dipped compulsory because what happens is that some farmers dip their animals and others do not. But animals graze at the same place. So I think that the corridor disease cannot be eradicated unless it becomes compulsory for everyone to dip the animals. As Deputy Provincial Minister for Southern Province, I appeal to the Government to make it compulsory to dip the animals.

Hon. Opposition Members: But you are the Government.

Mr Chimbwe: Mr Chairman, further, I want to attribute progress in this sector mainly to the Presidential Fund concerning the Southern Province Animal Disease Control Programme. There has been tremendous improvement in the levels of accessibility of these funds by the community hence the reduction in disease occurrence.

Let me talk about tourism. Tourism has grown in my province as can be shown by the development of infrastructure like the Sun International Hotel in Livingstone, International airport and several lodges. Additionally, you will agree with me here that the Victoria Falls forms a major part of tourism attractions in the country. At the same time, it contributes to economic growth through power generation. An experiment conducted recently over the flow of water over the Zambian part of the Victoria Falls has revealed that water diverted by Zesco for power generation reduces the flow during the season. It is necessary, therefore, that Government looks at the recommendations brought forward for consideration by all concerned parties and reach a conclusion quickly regarding whether or not to close the power plant. Further, I would be failing in my duties if I did not thank Government, particularly, the hon. Minister of Finance and Economic Development for zero-rating accommodation services in Livingstone. This will boost tourism development.

Mr Chairman, regarding the state of roads, let me assure the House that every effort is being made to improve the situation. Last week, we received land clearing equipment through the Zambia National Service from the Chinese Government. These will be used to build roads, bore-holes and dams. We thank the Chinese Government and my Government.

Other developments in this sector include the following: Work has commenced on the Livingstone/Monze and Choma/Namwala roads; others include construction of Chirundu Bridge; and soon the Livingstone/Sesheke Road and eventually Kazungula Bridge. Regarding some of the bridges swept away by the heavy rains, especially in Sinazongwe I have sort for assistance from the Office other Vice-President and the Ministry of Works and Supply. So far, some funds have been released to Sinazongwe District through my office. This makes me confident that there will be an improvement in the province in the coming year. 

Mr Chairman, with regard to improvement of infrastructure for social service delivery, in particular, education and health, Southern Province has done fairly quite well. Government and other stakeholders have done a lot and continue to do so to improve health care and education.

However, Sir, the other social service institutions, particularly the hospitals continue having serious constraints in their operations. Major hospitals such as Livingstone and Choma are quite low on essential drugs and do not have adequate water supply. Livingstone Hospital, the oldest in the province, has dilapidated infrastructure.

Mr Chairman, as a way to accelerate the pace of the rural development in the province, we have continued making efforts towards Rural Electrification. Under the Tonga-Gwembe Project, Sir, much of the unserviced lake shore area has now been serviced.

In addition, under the programme such as the Zambia Social Investment Fund, several social delivery facilities are being provided with mainly, solar energy in the area of water. I want to commend the donors and non-governmental organisations, too numerous to mention Sir, for continuing to assist us with support in order to improve availability of water to our people.

Mr Chairman, I am happy to inform the House that the commerce and industry sector in the province is on its way to recovery. Besides heavy investment in the sector by Zambia Sugar Company in Mazabuka, there is steady flow of capital from other investors as well.

Sir, in terms of security, Southern Province enjoyed relative peace and stability during the period under review.

Mr Chairman, the fellow hon. Members also did mention the issue pertaining to the province in terms of roads. I earlier indicated that we received some equipment for rehabilitating of the roads last week, I can assure you that after the rain season, we will start rehabilitating all the feeder roads because I do remember the report which was given through the hon. Minister of Finance and Economic Development, where he asked all the hon. Members of Parliament to submit their reports pertaining to their feeder roads and I thank my colleagues that they complied and we compiled the report and sent it to the hon. Minister of Finance and Economic Development.

Mr Chairman hon. Members also talked about the boreholes, as I said earlier, we have the machine whereby we will do the drilling of the boreholes and also the rehabilitation of the schools through the Zambia Social Investment Fund. Also Sir, since we have the equipment, we are able to rehabilitate all the infrastructure in need in our province.

In conclusion Sir, it is only my wish and hope that all the allocation of this year will be released in order for us to ensure effective development in the province.

Mr Chairman, with these few remarks, I thank you very much for giving me this opportunity to contribute.

Hon. Members: Hear, hear!

The Minister for Northern Province (Mr Kapapa): Mr Chairman, in the first place, I would thank you for affording me this chance to submit my official budgetary report for the province and before I do that, I would like to congratulate my colleagues who have been elevated to ministerial positions. I wish them well.

Mr Chairman, the mission statement of Provincial Administration in Northern Province is to co-ordinate and harmonise development efforts and programmes in the province. Secondly, to implement, explain to the general public and implement Government policies and programmes in the province.

Mr Chairman, Northern Province is geographically large, with twenty-one Parliamentary Constituencies at present. The province has three main geographical divisions as follows:

    (a)    the mainly high flat land;

    (b)    the low valley areas from Nabwalya to Mpika and Muyombe in Isoka East and parts of Kaputa/Mpulungu Districts; and

    (c)    the low swampy areas in the lake Bangweulu, the area surrounding Mpika and Chilubi Districts including the Chambeshi plains in parts of Mungwi, Kasama and Chinsali Districts.

On development Sir, the province during the year 2000, saw a number of feeder roads, rural health centres, many district roads, schools, water wells and boreholes, township water schemes, bridges and/or culverts either rehabilitated or constructed to mention but a few. Mr Chairman works on Great North Road from Serenje to Nakonde were started and are near completion; contracts of works on Kalungwishi Bridge, Mbesuma Bridge, Mbala - Nakonde Road, Isoka-Muyombe road, Mbala-Nsumbu road, Kasama-Mporokoso and Mporokoso-Bulaya Turn-Off stretch, were awarded and works are in progress. Mpika-Kasama road pot-hole patching was done and the road is earmarked for resurfacing this year.

Mr Chairman, a number of maternity wings have been constructed in Mpulungu-Nakonde and Kaputa-Luwingu Hospitals. Other maternity wings have been constructed at Lukaka (Chinsali), Seluka (Mungwi), (Nondo) Mbala and (Chiombo) Kasama with assistance from one of our all weather co-operating partners in the province, the Ireland Aid Development Programme.

On education, Mr Chairman, in addition to rehabilitation and expansion of several Primary and Basic Schools the province has witnessed the opening of High Schools at Ituna (Kasama), Muyombe (Isoka East), Chilubi (Chilubi District), Kaputa in Kaputa District. It is a proud record, Sir, that Kaputa and Chilubi now have their own District High Schools. These openings Sir, have greatly increased the Grades nine to ten progression rate in the province. More development in this area is earmarked for this year. Sir, a further number of projects are planned for this year, some of which are Kasama/Luwingu/Mansa Road with a sum of K5 billion under Roads Department. Great North Road-Nabwalya-Chitungulu Road with K1 billion; M1-Chibula Road with K1 billion; M1-Mbati-Chinkobo Road with K400 million; T2-Chilundaponde-Muwele Road with K500 million; Safwa Bridge Construction with K200 million; Kasama/Mporokoso/Kawambwa Road with K400 million; Mbala/Nakonde/Chitipa Road with K1 billion; and Mporokoso/Bulaya/Kaputa/Mununga Road with K500 million. All these new road projects are under Roads Department.

Mr Chairman, these are but only a few developmental projects in the province I wanted to highlight to hon. Members of the House. This list is not exhaustive. 

In answering to some of the questions which were raised by Hon. Mweni and Hon. C. Mwansa, Mr Chairman, on electrical power supply to Luwingu District, it is true that power supply was cut off in Luwingu on Friday, 23rd February, 2001. This was, however, due to lightning which hit and blew off a Zesco transformer on that day. Another transformer has been moved from Kateshi in Kasama to Luwingu. Power was to be restored on Friday, 2nd March, 2001.

Mr Chairman, the issues raised in relation to toll gates, regular road maintenance and road designs with special emphasis on drainages to increase roads' life span, are national issues as they relate to the whole country and not to Northern Province alone. In view of this, Mr Chairman, it is my hope that the relevant ministries at national level have taken corrective action in future.

With regard to road projects in the Northern Province, besides the Great North Road, Mr Chairman, I have already covered the projects on roads which were began in 1999 and 2000, which have either been completed or are still on-going within the province. I have, in addition, Mr Chairman, indicated other road projects earmarked to be started in the province this year.

I thank you, Mr Chairman.

Hon. Members: Hear, hear!

The Minister for Central Province (Mr Holmes): Mr Chairman, firstly, I would like to congratulate the new hon. Deputy Ministers and the hon. Cabinet Minister. I am very happy, Mr Chairman, that I helped three of them to bring them to this House.

Hon. Members: How?

Mr Holmes: I went to campaign for them, namely, Hon. Namuyamba, Hon. Simuyandi and Hon. Matubulani. I want to welcome my neighbour here, Hon. Sokontwe. I think he has been the longest-serving back bencher for ten years, but now he has come to the Middle Bench. I hope he will be in the Front Bench very soon. I also want to thank you, Mr Chairman, for arranging the sitting arrangement for the three hon. Members of Parliament who came from breweries in such a fashion. That is Hon. Nkausu, Hon. Mulanda and myself are former brewers. Thank you for doing that, Mr Chairman.

Dr. Mbikusita-Lewanika: Shame on you, bachakolwa!

Mr Holmes: At least, breweries produced ...

The Chairman: Order! I just want to correct the impression created by the hon. Member for Mongu who said shame on you bachakolwa. If you ask for the definition of beer, what will be the answer? I do not want to waste your time. Madam, In civilised circles, beer is defined as the lubricant of civilisation.

Will the hon. Minister continue, please.


Mr Holmes: As you know, Mr Chairman, the provincial office is responsible for the implementation of Government policies in all sectors of the economy in the province. It is also responsible for co-ordination, evaluation and monitoring of all programmes, developmental projects and activities, including VIP tours meant to inspect all types of projects, both Government and donor-funded. Mr Chairman, the approved budget for the departments that are funded through the provincial administration in the year 2000 was K3.829 billion. The funding level was 82 per cent of the budget for the year, meaning that K3.154 billion was released from the Ministry of Finance and Economic Development. There was no provision for capital expenditure, Sir. 

Because of the problem of outstanding bills which problem the Government is addressing, the releases did not address some of the co-problems in our performance as part of the releases were used to clear outstanding bills. Mr Chairman, the appointment of District Administrators has seen a tremendous improvement in co-ordination of Government activities at district level.

Hon. Opposition Members: Shame!

Mr Holmes: Implementation of Government programmes has equally been speeded up as the monitoring of projects has become easy. Mr Chairman, in the communications and transport sector, we have seen the completion of the Kapiri-Mposhi/Serenje Road with the assistance of the Danish Government. A road condition survey has been undertaken in the province covering 506 kilometres. We have also seen the continuation of the Feeder Roads Rehabilitation Programme. New digital exchanges have been commissioned in Kabwe, kapiri-Mposhi and Mkushi to improve communication in the province and particularly the farming community in Mkushi. This improvement is a catalyst for economic development. Other improvements have been covered in the education and health sectors.

Sir, the two hon. Members from my province who spoke, their sentiments, I think, are being looked into by the Government. The Kabwe/Kapiri-Mposhi/Chisamba Road, if you look in the Yellow Book, has been given K21 billion. The Nampundwe/Shibuyunji/Mumbwa Road is also covered. I also agree, Mr Chairman, with the hon. Member for Mumbwa who complained about feeder roads. We, as a Government, are equally worried that, that area has not been opened up. Fortunately, I was in the campaign team in the Mumbwa by-election and I saw for myself and we hope that, as a Government, we will move in and correct the situation.

Mr Chairman, I will be failing in my duty, as provincial hon. Minister, if I do not say that this year in the province we expect to have shortage of food. Therefore, I appeal to my fellow hon. Members of Parliament to get back to their constituencies and assess the situation and report to my province so that I can get in touch with the Office of the Vice-President so that we can start planning now because if we wait until the people start crying, it might be too late.

With these few words, I thank you, Mr Chairman.

Hon. Members: Hear, hear!

The Chairman: Order! We are advised to slow down on the Estimates until the Appropriation Bill is tabled. Therefore, I interrupt the proceedings and the debate stands adjourned.

Hon. Members: Hear, hear!



[MR SPEAKER in the Chair]

(Progress reported)




The Vice-President (Lieutenant-General Tembo): Mr Speaker, I beg to move that the House do now adjourn.

Question put and agreed to


The House adjourned at 1715 hours until 1430 hours on Thursday, 8th March, 2001.