Friday, 24th July, 2015

The House met at 0900 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

__________

RULING BY MR SPEAKER

RULING BY THE HON. MR SPEAKER ON A POINT OF ORDER RAISED BY THE MINISTER OF INFORMATION AND BROADCASTING, AND CHIEF GOVERNMENT SPOKESPERSON, HON. CHISHIMBA KAMBWILI, MP, AGAINST MR JACK J. MWIIMBU, MEMBER OF PARLIAMENT FOR MONZE CENTRAL PARLIAMENTARY CONSTITUENCY, ON FRIDAY, 10TH JULY, 2015

Mr Speaker: Hon. Members, I have a ruling to render. This ruling arises from the point of order raised by the Minister of Information and Broadcasting, and Chief Government Spokesperson, Hon. Chishimba Kambwili, against the Member of Parliament for Monze Central Parliamentary Constituency, Hon. Jack J. Mwiimbu, on Friday, 10th July, 2015.

Hon. Members will recall that on Friday, 10th July, 2015, when the House was considering Question for Oral Answer No. 604 and the Member of Parliament for Mpongwe Parliamentary Constituency, Hon. Gabriel Namulambe, was asking a supplementary question, the Minister of Information and Broadcasting, and Chief Government Spokesperson, Hon. Chishimba Kambwili, MP, raised a point of order on the Member of Parliament for Monze Central, Hon. Jack J. Mwiimbu. The relevant excerpt of the point of order states as follows:

“Mr Speaker, yesterday, the Member of Parliament for Monze Central, Hon. Mwiimbu, while debating the Report of your Committee on Delegated Legislation, insinuated that the Government, through my office, had warned chiefs in the Southern Province as reported in the Post Newspaper.

“Mr Speaker, it is becoming fashionable in this House for hon. Members of Parliament to begin to discuss issues, without facts, to substantiate their claims. I want to my statement on behalf of the Government on the issue of the secession of the Southern Province that reads:

‘The Government wishes to strongly warn advocates of secession of the Southern Province from the rest of Zambia that they will face the full wrath of the law if they continue with their schemes because their plans are treasonable.’

“Mr Speaker, this is what the Government said through my office. Is Hon. Mwiimbu in order to mislead the House, call the Government all sorts of names and insinuate that it had warned the chiefs in the Southern Province?”

As hon. Members will recall, in his immediate remarks to the point of order, the hon. Deputy Chairperson of Committees of the Whole House reserved the ruling on the point of order to a later date so as to study the matter.

My office has since studied the point of order, the relevant newspaper articles and verbatim report of Hon. Jack J. Mwiimbu’s debate, and I now wish to render my ruling.

Hon. Members, the basis of the point of order was the hon. Member for Monze Central’s contribution to the Motion to adopt the Report of the Committee on Delegated Legislation on Thursday, 9th July, 2015. The hon. Minister raised his point of order on Friday, 10th July, 2015, a day after the debate on the Motion was concluded.

Hon. Members, I have stated, in a number of my rulings, that, for a point of order to be admissible, it must be raised contemporaneously. That is to say, it must be raised soon after the alleged breach of procedure.

The discourse of the learned authors of House of Commons Procedure and Practice, Second Edition, is instructive in this regard. On page 632, the authors’ state:

“A point of order is an intervention by a Member who believes that the rules or customary procedures of the House have been incorrectly applied or overlooked during the proceedings. Members may rise on points of order to bring the attention of the Chair to any breach of the relevance or repetition rules, unparliamentary remarks, or a lack of quorum. They are able to do so at virtually any time in the proceedings, provided that the point of order is raised and concisely argued as soon as the irregularity occurs. Points of order respecting procedure must be raised promptly before the question has passed to a stage at which the objection would be out of place.”

From the foregoing, it is evident that a point of order must be raised promptly before the question has passed to a stage at which the objection would be out of place.  In the instant case as the point of order may be, my ruling is that the hon. Minister did not raise the point of order contemporaneously with the conduct complained of, thus, rendering it inadmissible.

Hon. Opposition Members: Hear, hear!

Mr Speaker: However, notwithstanding my ruling on the manner in which the point of order was raised, I wish to seize this opportunity to remind hon. Members that this House has been guided before by myself, the other Presiding Officers and my predecessors that Members must debate factually and refrain from making statements and innuendos which are not based on fact.  I, therefore, urge all hon. Members to verify any report before they refer to it in their debate on the Floor of the House. This will not only ensure that the public is not misinformed, but will also help to uphold the dignity and decorum of this august House.

Thank you.

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BUSINESS OF THE HOUSE

The Minister of Transport, Works, Supply and Communication, Chief Whip, and Acting Leader of Government Business in the House (Mr Mukanga): Mr Speaker, I rise to acquaint the House with the Business it will consider next week.

Sir, on Tuesday, 28th July, 2015, the Business of the House will begin with Questions for Oral Answer, if there will be any.

Interruptions

Mr Speaker: Order, on the left!

Mr Mukanga: This will be followed by Presentation of Government Bills, if there will be any.

Sir, on Wednesday, 29th July, 2015, the Business of the House will begin with Questions for Oral Answer, if there will be any. This will be followed by Presentation of Government Bills, if there will be any. The House will then debate a Private Member’s Motion entitled, “Legislate against Child Marriages” which will be moved by Hon. Wilbur C. Simuusa, Member of Parliament for Nchanga Parliamentary Constituency and seconded by Hon. M. Habeenzu, Member of Parliament for Chikankanta. Then, the House will consider the second reading stage of the following Bills:

Tourism and Hospitality Bill, 2015; and

The Zambia Wildlife Bill, 2015.

Mr Speaker, thereafter, the House will deal with the Report Stage of the National Pension Scheme (Amendment) Bill, 2015.

Mr Speaker, on Thursday, 30th July, 2015, the Business of the House will commence with Questions for Oral Answer, if there will be any. This will be followed by Presentation of Government Bills, if there will be any. After that, the House will debate the Motion on the main Report of the Public Accounts Committee. Thereafter, the House will consider the Second Reading Stage of the Constitution of Zambia (Amendment) Bill, 2015. The House will then deal with the Committee Stage of the following Bills:

The Mines and Minerals Development Bill, 2015; and

The Gold Trade Repeal Bill, 2015.

Mr Speaker, on Friday, 31st July, 2015, the Business of the House will begin with the Vice-President’s Question Time. This will be followed by Questions for Oral Answer, if there will be any. After that, the House will deal with the Presentation of Government Bills, if there will be any. The House will then deal with any other business that may be outstanding. On this day, all things being equal, I intend to move a Motion to suspend the relevant Standing Orders to enable the House to complete all the business on the Order Paper and, thereafter, adjourn sine die.

I thank you, Sir

Hon. Members: Hear, hear!

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QUESTIONS FOR ORAL ANSWER

THE ROAD SECTOR INVESTMENT PROGRAMME

674. Mr I. Banda (Lumezi) asked the Minister of Transport, Works, Supply and Communication:

(a)    whether the Government was still pursuing the Road Sector Investment Programme (ROADSIP) which was supported by the World Bank and other co-operating partners;

(b)    if so, what successes had been made so far; and

(c)    if the programme had been abandoned, why.

The Deputy Minister of Transport, Works, Supply and Communication (Dr Mwali): Mr Speaker, the Government is no longer pursing the ROADSIP. The programme came to an end in 2013.

Sir, several successes were made under this programme, including the following:

(a)    the enactment of three Roads Acts of Parliament, namely the Public Roads Act, the National Road Fund Act and the Road Traffic Act in order to implement the Transport Policy;

(b)    improvement in the condition of the paved road network from 20 per cent to 60 per cent, exceeding the target of 50 per cent from 1997 to 2008;

(c)    increase in the number of small scale labour-based contractors by about 400 to develop the local construction industry from 1997 to 2008; and

(d)    tenfold increase in the number of consultants to promote the development of the local construction industry for sustainability.
Mr Speaker, I thank you.

Mr I. Banda: Mr Speaker, does the Government not think that there is a need to negotiate further in order for this programme to be reintroduced so that people can benefit from it?

Dr Mwali: Mr Speaker, as I mentioned earlier, the programme came to an end, and its objectives achieved. The programme was primarily meant to establish the foundation for the Road Sector Reforms.

I thank you, Sir.

Mr Konga (Chavuma): Mr Speaker, now that the Road Sector Investment Programme (ROADSIP) has come to an end, does the Government intend to introduce another programme for the development of the road sector in the country?

Dr Mwali: Mr Speaker, it is a well-known fact that following the completion of the ROADSIP, several other initiatives have been embarked on in the road sector, including the Link Zambia 8,000 km Road Project, Pave Zambia Project and other programmes.

I thank you, Mr Speaker.

Mr Mucheleka (Lubansenshi): Sir, we have heard about the Link Zambia 8,000 km Road Project and Pave Zambia Project but, in my understanding, those are concepts which are being used now. However, even with these concepts, there has to be a well-defined programme that sets activities, detailed programmes and key performance indicators. Can the Government confirm whether the Pave Zambia and Link Zambia 8000 km road projects are in a vacuum and not being backed by a well defined programme?

Mr Mukanga: Mr Speaker, after the Road Sector Investment Programme (ROADSIP) ended, a strategy was formulated that stipulates everything that we are trying to do in the road sector. The Link Zambia 8,000 km Road Project is part of that strategy. So, we have a comprehensive programme that we are following.

I thank you, Sir.

Prof. Lungwangwa (Nalikwanda): Mr Speaker, a shining example of the Road Sector Investment Programme (ROADSIP) is the Zimba/Livingstone Road. This is an excellent facility which the co-operating partners and Zambian people are proud of. To what extent are the co-operating partners involved in the current road construction initiatives?

Mr Mukanga: Mr Speaker, the co-operating partners helped us come up with the strategy that I am talking about and other initiatives that we are carrying out in the road sector. So, they are fully involved in ensuring that we execute projects that are acceptable like the Zimba/Livingstone Road.

I thank you, Mr Speaker.

THEATRE TECHNICIAN AT LUWINGU DISTRICT HOSPITAL

675. Mr Mucheleka asked the Minister of Community Development, Mother and Child Health when a theatre technician would be posted to Luwingu District Hospital.

The Deputy Minister of Community Development, Mother and Child Health (Mr Chisala): Mr Speaker, there is no position of theatre technician on the current establishment for Luwingu District Hospital. However, the facility has a clinical officer who is performing the functions of a theatre nurse or anaesthesiologist assistant.

Mr Speaker, I thank you.

Mr Mucheleka: Mr Speaker, we are looking for is an x-ray technician because we have an x-ray facility, but no technician to operate it. I would like to find out from the hon. Minister how soon the Government intends to post a radiographer to Luwingu District Hospital.

 Mr Chisala: Sir, although the question sounds new, I will provide a bonus answer. Since the hon. Member of Parliament wants the qualified staff in question to be posted to the health facility, the best we can do is to communicate to the Provincial Medical Office to advise Luwingu District Medical Office to forward the request so that the position can be filled.

I thank you, Sir.

FISH FARMING LEVIES

676. Mr Miyanda (Mapatizya) (on behalf of (Mr Miyutu) (Kalabo Central)) asked the Minister of Local Government and Housing:

(a)    why fish farming levies were so high;

(b)    what services local councils offered to the fish farmers in consideration of the levies; and

(c)    what the benefits of fish farming to local councils, were.

The Deputy Minister of Local Government and Housing (Mr N. Banda): Mr Speaker, there is no by-law on the fish farming levy. The fish levy charged by councils is approved by the Minister of Agriculture and Livestock and ratified by Parliament through the Committee on Delegated Legislature.

Sir, councils offer no direct services to the fish farmers apart from the grading of roads leading to the fish farms.

Mr Speaker, the benefit of fish farming to councils is the levy on traders who take fish out of the district for sale.

I thank you, Mr Speaker.

Mr Miyanda: Mr Speaker, fish farming levies are high. I would like to find out from the hon. Minister how high the levies are in the Western Province?

Laughter

Mr N. Banda: Sir, I am at a loss for words. I wish to be guided because the hon.  Member’s question is not clear.

Mr Speaker: I was also at a loss.

Laughter

Mr Miyanda: Mr Speaker, why are the fish levies in the Western Province so high considering that most of the people in the province are poor?

Mr Speaker: I understood the answer to have been that there are no fish farming levies.

MINI-HYDRO POWER GENERATION STATIONS

677. Mr Miyanda (on behalf of (Mr Miyutu)) asked the Minister of Mines, Energy and Water Development:

(a)    how many mini-hydropower generation stations were under construction countrywide, as of December, 2014;

(b)    how many sites meant for the development of mini-hydropower stations were identified countrywide as of January, 2015; and

(c)    what the estimated total power output, in mega watts, to be generated at the power stations at (a) was.

The Minister of Mines, Energy and Water Development (Mr Yaluma): Mr Speaker, as at the end of December, 2014, two min-hydropower generation projects were under construction and these are Lunzua Power Station and Musonda Falls Power Station. The House may also wish to know that Lunzua has an output of 14.8 MW while Musonda Falls Power Station has 10 MW.

Sir, a total of thirty-four new sites have been identified for the development of mini-hydropower stations countrywide. The estimated total installed capacity at the two power stations under construction as of December, 2014, is 24.8 MW.

 I thank you, Mr Speaker.

Mr Miyanda: Mr Speaker, I would like to find out from the hon. Minister how long it will take for the two hydropower stations under construction to be operational.

 Mr Yaluma: Mr Speaker, Lunzua Hydropower Station has already been commissioned and is operational. Musonda Hydropower Station will be commissioned next year.

 I thank you, Mr Speaker.

Mr Mucheleka: Mr Speaker, of the thirty sites that have been identified, how many does the Government intend to develop in the long run in view of the energy crisis that we are experiencing? Can the Government give the time frame within which some of them can be developed.

Mr Yaluma: Mr Speaker, Lubansenshi that Lunzua and Musonda Falls hydropower stations are both being developed by the Government. The hon. Member may wish to know that out of the thirty-four, a number of them are independent power projects (IPPs) that are committed to private sector investment. So, where possible, the Government is teaming up with the private sector. However, we are also encouraging independent power producers to come and participate in the power projects because that is the only way we can get funding to develop the other sites.

 I thank you, Mr Speaker.

 Mr Muchima (Ikeleng’i): Mr Speaker, the issue of min-hydropower stations is quite critical. I would like to find out from the hon. Minister whether the ministry is now considering liberalising the approval of the signing of the Power Purchase Agreement (PPA) which has been restricted by the Zambia Electricity Supply Corporation (ZESCO), as a competitor, so that it can allow other investors to come in and the 6.5 tariff is restricted to local consumers while private investors export at a different tariff.

 Mr Yaluma: Mr Speaker, I do not seem to have understood the question. However, I will try to respond the way I have understood it.

Sir, like I said, we are encouraging the private investors to come and participate in developing these power-generation sites. The PPA is an offtake agreement between the power producer and ZESCO to arrive at a tariff.

 Mr Speaker, I realise that our tariffs are not the best as most of them are highly subsidised. If you want to encourage the investors to come in, we must give them good tariffs. This simply means that we must migrate to cost reflective tariffs because that is the only way we shall attract investors to come in. The hon. Member may wish to know that we are seriously moving in that direction so as to get the best tariffs that will attract investors and sustain ZESCO’s operations and maintenance. The hon. Member of Parliament for Ikeleng’i is right because that is the direction we are taking.

 I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, as I drove on the road from Mwinilunga to Solwezi, I saw some posters on the Kabompo Hydropower Scheme. I would like to find out whether the power project has been completed because the hon. Minister only mentioned Lunzua and Musonda Falls power stations. Is Kabompo Hydropower Scheme one of the new sites which have been identified? I just want to be educated.

 Mr Yaluma: Mr Speaker, I am not and educator. Maybe, I should ask the hon. Minister of Education to educate the hon. Madam. However, I will try to attempt to answer the question.

Sir, there is a project in Kabompo which is being undertaken by a private investor called Copperbelt Energy Corporation (CEC).

 Ms Imenda: On a point of order, Sir.

 Hon. Government Members: Ah!

 Mr Speaker: Order!

 The hon. Minister is responding. We should know the practices of this House.

 Please, continue, hon. Minister.

Mr Yaluma: Mr Speaker, the CEC is developing the Kabompo site which has an output of 40 MW. The Government has also entered into an agreement with the Zambia Electricity Supply Corporation (ZESCO) and the CEC. The CEC has moved on site. So, we shall see development any time although the progress has stalled due to some minor issues which are being cleared. The project is on and it is being developed.

 I thank you Sir.

 Mr Speaker: Order!

My understanding was that the hon. Minister was expressing a light moment. Hon. Minister, I hope you also understand the intended point of order on the fact that you are not an educator. Instead, this function should be assigned to the hon. Minister of Education, Science, Vocational Training and Early Education. I think that was the issue.

Brig-Gen. Dr Chituwo (Mumbwa): Mr Speaker, the on. Minister spoke about the difficulties in attracting investors in hydropower generation because of the non-cost reflective tariffs.

Sir, 60 per cent of the population in the rural areas is poor. How, then, will this country have cost-reflective tariffs and assist the poor to access electricity for domestic or any other area? Are the investors coming for the sake of just investing or one of the principles is to assist poor people to access electricity in order to uplift their standard of living?  

 

Mr Yaluma: Mr Speaker, before I go any further, I would like to withdraw the statement that I made a few minutes ago. I believe my sister will accept my withdrawal of the comment.

Mr Speaker: That is directed at the hon. Member for Luena.

Mr Yaluma: Yes, Sir.

I want to clarify the misconception regarding the extension of power to the rural areas so that people in those areas can also benefit from the electricity generation in this country. Having cost- reflective tariffs will enable the Government and the Zambia Electricity Supply Corporation (ZESCO) to extend the national electricity grid to the rural areas. By so doing, ZESCO will not be continuously capitalised by the Government. The power utility company will have money to re-invest and extend electricity generation. This will also make ZESCO viable and sustainable and enable it to reliably supply power to all the customers. Currently, ZESCO does not have money to invest in maintenance, hence the problems that are being experienced.

I thank you, Sir.

POTHOLES ON THE CHIPATA/LUNDAZI ROAD

678. Mr I. Banda asked the Minister of Transport, Works, Supply and Communication:

(a)    whether the Government was aware that the first 90 km of the newly-tarred Chipata/Lundazi Road had already developed potholes?

(b)    whether the potholes were due to poor workmanship and, if not, what the cause was;

(c)    if the potholes were due to poor workmanship, what action would be taken against the contractor;

(d)    when the damaged portion of the road would be resurfaced; and

(e)    who would meet the cost of resurfacing the road.

Dr Mwali: Mr Speaker, the Government is aware that the first 90 km of the tarred Chipata/Lundazi Road, which was constructed by Raubex Construction Zambia Ltd. between 2008 and 2010, has developed potholes.

Sir, the portholes are developing when the road is due for periodic maintenance. So, no action will be taken against the contractor as the potholes are not as a result of poor workmanship.

Mr Speaker, the Road Development Agency (RDA) has already started patching the portholes on the road under its maintenance programme. The cost will be met by the Government through the RDA.

Mr Speaker, I thank you.

Mr I. Banda: Mr Speaker, the works on this road are not appreciated because they are intermittent, whereby 1 km of the road is worked on, then, the works stop for a month or so. After that, the works resume only on a small portion only to stop again. We want to see serious work being done on the road and completed within a specified period. Is the contractor being supervised to ensure that the works are completed as quickly as possible?

Dr Mwali: Mr Speaker, we are equally concerned about this, particularly that the other part of the road, which was worked on by Sable Transport, is in a very good state. We are seriously looking into this problem. The Road Development Agency (RDA) has proposed to carry out periodic maintenance in next year’s Annual Work Plan.

I thank you, Sir.

Mr Namulambe (Mpongwe): Mr Speaker, the road between Mpongwe and Luanshya was worked on between 1997 and 1998. However, to date, there are no potholes on it unlike the road in question. So, if the potholes are not as a result of poor workmanship, what could have led to the development of portholes when the road was recently constructed?

Dr Mwali: Mr Speaker, maybe, we should drop the term “newly constructed”. This road was rehabilitated seven years ago, between 2008 and 2010. Normally, roads are due for periodic maintenance after five years. I think when we are comparing roads, let us try to compare like and like.

I thank you, Sir.

Mr Milambo (Mwembeshi): Mr Speaker, this road has developed potholes which are now being patched. I would like to find out what the lifespan of the road was in the contract.

Dr Mwali: Mr Speaker, the works that were carried out were of a rehabilitation nature. Normally, we anticipate such problems after five years.

Mr Speaker, I thank you.

LITERACY RATES IN THE COUNTRY

679. Mr Miyanda (on behalf of (Mr Miyutu)) asked the Minister of Education, Science, Vocational Training and Early Education:

(a)    what the country’s literacy rate was as of January, 2015; and

(b)    what measures had been taken to raise the literacy levels.

The Deputy Minister of Education, Science, Vocational Training and Early Education (Mr Mabumba): Mr Speaker, although the question refers to a period up to January, 2015, we have provided statistics based on the 2010 Census of Population and Housing compiled by the Central Statistical Office (CSO). According to the 2010 Census of Population and Housing, literacy levels were at 72 per cent.

Sir, the following measures have been put in place to raise the literacy levels in the country:

(a)    developing a Draft National Youth and Adult Literacy Policy has been;

(b)    developing and translating a set of thirteen adult literacy teaching and learning materials into local languages;

(c)    developing a training manual for the adult literacy facilitators;

(d)    conducting sensitisation workshops on the establishment of adult literacy centres and literacy clubs in schools. A minimum of ten adult literacy centres with at least twenty learners per centre will be established in all the districts; and

(e)    implementing the Local Language Policy in schools which has contributed to improving literacy levels among pupils in Grades 1-4.

I thank you, Sir.

Mr Miyanda: Mr Speaker, with the literacy levels at 72 per cent in 2010, do you think that as a country, we will manage to raise the levels to 90 per cent by the end of this year which is the deadline for the Education for All Target?

Mr Mabumba: Mr Speaker, as the hon. Member is aware, it is not possible to raise the literacy levels to 90 per cent by the end of 2015. However, given the measures that we are putting in place such as the expansion of the secondary sub-sector, you will agree with me that considerable progress has been made. To me, the expansion of the primary sub-sector is one of the key fundamentals because many of our children are enrolling in schools and the literacy levels are likely to improve by the time they are in Grades 7 and 9.

Mr Speaker, we are also putting in place measures such as the development of the National Youth and Adult Policy and the sensitisation of people on the use of adult literacy centres. People need to utilise the adult literacy centres that are in many of our schools. If they are not sensitised, then, the establishment of adult literacy centres will be in vain. Consequently, we shall not be able to achieve the 90 per cent literacy levels by the end of 2015. However, going forward, the measures that we are putting in place will help us reach that level.

I thank you, Sir.

Mr Konga (Chavuma): Mr Speaker, it is encouraging to hear about the increase in literacy levels. However, the situation on the ground is that the phonetics and grammar skills of pupils and youths in general are poorer than before. Does the ministry carry out any phonetic studies in relation to literacy levels in the country?

Mr Mabumba: Mr Speaker, there are so many factors that can influence how one speaks a given language. One of the factors that usually have an impact on spoken language is mother tongue. If you speak to pupils in Luapula, North-Western and Eastern provinces, you will hear the variations in their pronunciation of English words due to mother tongue interference.

Mr Speaker, we largely depend on the assessments that are carried out by the Central Statistical Office (CSO) and the Southern Africa Consortium for the Measurement of Educational Quality (SACMEQ). We rely on these assessments for statistics that we can provide to this august House.

I thank you, Sir.

WITHDRAWAL OF SALARY GRANTS TO COUNCILS

680.    Mr Namulambe asked the Minister of Local Government and
Housing why salary grants to councils were withdrawn by the Government.

The Deputy Minister of Local Government and Housing (Mr N. Banda): Mr Speaker, the salary grants for councils were not withdrawn, as the council officers are still being paid salaries using the newly-established Local Government Equalisation Fund (LGEF).

I thank you, Sir.

Mr Namulambe: Mr Speaker, we saw an improvement in the payment of salaries to council officers when the salary grants were paid. With the reintroduction of the LGEF, however, councils are in arrears in terms of workers’ salaries because the funds given under the so-called LGEF are not sufficient …

Interruptions

Mr Speaker: Order, on the left!

The conversations are getting louder by the moment.

Mr Namulambe: Mr Speaker, I was saying that when the Government was giving salary grants to councils, we saw an improvement in the payment of salaries the sense that there were no arrears for officers in the Divisions 1-3 salary scales. However, with the reintroduction of the LGEF, we have seen that councils are in salary arrears. Does it mean that the amounts of grants given to councils under the LGEF have been reduced compared to the past?

Mr N. Banda: Mr Speaker, the LGEF may not be enough to cater for all the expenses of the local authorities, but I must indicate that different local authorities have to decide whether they are going to spend the grants on salaries or other administrative expenses. However, I must also indicate that the Government is reviewing the LGEF Act so that it can also meet the challenges the local authorities are faced with.

I thank you, Sir.

Mr Mucheleka: Mr Speaker, there are too many problems in the local authorities such as workers not being paid and poor service delivery. The grants under the Local Government Equalisation Fund (LGEF) come as a block sum. Is it possible for the hon. Minister of Local Government and Housing to come up with guidelines on how to administer the LGEF so that, perhaps, part of it goes towards dismantling salary arrears and paying workers on time and the other part is for providing services? Is it possible to have guidelines on how the LGEF can be administered, given the numerous challenges that we have such as workers not being paid, poor service delivery …

Mr Speaker: Order!

You have made your point, Hon. Mucheleka. You are suggesting guidelines for the LGEF.

Mr N. Banda: Sir, the LGEF has got guidelines. Eighty per cent of the fund is for administrative purposes, which include personal emoluments, and 20 per cent is for capital projects.

I thank you, Sir.

Mr Kazabu (Nkana): Mr Speaker, failure by any employer to pay an employee a salary when it is due is clearly a violation of conditions of service. What plans does the Government have to redress this situation, which has become a persistent feature, once and for all?

Mr N. Banda: Mr Speaker, it must be appreciated that the Patriotic Front (PF) Government has made strides on this matter. Before 2011, local authorities owed employees salary arrears for as much as five months, one year or more. When the PF Government came into power, it dismantled the arrears. The Government has also put salary scales Divisions 1-3 on the Government payroll. This decision was a milestone.

The local authorities are struggling to pay workers in the Division 4 salary scale, also known as general workers. However, like I said in my earlier response, we are still reviewing the issue of grants to councils in order to find a solution to it.

I thank you, Sir.

Mr I. Banda: Mr Speaker, the block figure the hon. Minister has referred to is probably the amount that is given annually. Why does the Governemnt not keep the 80 per cent for emoluments and disburse to the councils monthly? Considering the problems councils have, they cannot keep money in the bank for a period of twelve months. They will withdraw it and use it for other activities.

 

 

Mr N. Banda: Mr Speaker, that is a good suggestion. The ministry will explore it and see if it is helpful.

I thank you, Sir.

Mr Livune (Katombora): Mr Speaker, there are many reasons councils have found themselves with financial deficits. One of them is the unplanned and uncoordinated transfers of workers by the Local Government Service Commission. When workers are transferred, the councils are made to pay settling-in allowances, thus creating a huge burden on the council. The Local Government Equalisation Fund (LGEF) is not sufficient to solve all the problems in the councils. I would like to find out whether the Government is going to liquidate all the outstanding debt of local authorities so as to bring them up to speed.

Mr N. Banda: Mr Speaker, the LGEF is not enough to solve all the problems that local authorities are faced with. However, like I said earlier, the Government is trying to see whether the grants could be reintroduced to go side by side with the LGEF to resolve all the issues of the local authorities.

I thank you, Sir.

CUTTING OF TREES IN TOWNSHIPS

681. Mr Chipungu (Rufunsa) asked the Minister of Local Government and Housing what measures have been taken to halt the indiscriminate cutting of trees in townships.

Mr N. Banda: Mr Speaker, the local authorities, under the Local Government Act, Cap 281 of the Laws of Zambia, Section 61(7) of the Second Schedule, mandates councils to cut grass, weeds, trees and any other vegetation in order to suppress and control plants, pests and diseases. However, if the councils are not complying with the law by indiscriminately cutting trees, then, they are liable for punishment.

Mr Speaker, to stop the indiscriminate cutting of trees, the Government, through the local authorities, is sensitising residents on the importance of having green spaces and the need for individuals to follow the laid-down procedures if they want to cut trees.

I thank you, Mr Speaker.

Mr Chipungu: Mr Speaker, I have never heard of the procedures the hon. Minister is referring to. Is it, therefore, not possible for the ministry to put in place by-laws so that people who wish to cut trees can get permission from the council.

Mr N. Banda: Mr Speaker, the by-laws are already in existence. However, it is up to each local authority to enforce them in order to curb the vice.

I thank you, Sir.

Mr Hamudulu (Siavonga): Sir, the hon. Minister has stated that the by-laws are already in existence. However, it is evident that they are not being enforced. Now that this is becoming a hot issue, especially with the coming on board of the mukula tree, may I know if he is going to give the councils directives to enforce the by-laws that have been dormant.

Mr N. Banda: Mr Speaker, with the increase in awareness with regard to issues of environmental protection, the ministry will endeavour to sensitise the local authorities to enforce the existing by-laws.

I thank you, Sir.

Dr Musokotwane (Liuwa): Mr Speaker, some of the by-laws were inherited from the colonialists. Where there are mosquitoes hiding in trees and biting people; where there are snakes hiding in trees and biting people; and where there are chameleons hiding in trees and harassing people, …

Mr Muntanga: Harass.

Dr Musokotwane: ... would you not agree with me, hon. Minister, that the unnecessary trees that harbour these elements must be cut down?

Mr N. Banda: Mr Speaker, there are laid-down procedures. If there is a tree posing danger because it is harbouring such creatures, people should follow the correct procedure by going to their local authorities so that the trees can be cut and pests controlled.

I thank you, Sir.

Mr Kapeya (Mpika Central): Mr Speaker, I grew up in Chilenje together with my friend, Hon. Kenneth Chipungu and we saw how effective the township management offices were in maintaining the townships. What has gone wrong with the township management offices today?

Mr Muntanga: What has gone wrong?

Mr N. Banda: Mr Speaker, I have admitted that the by-laws are already in existence. However, some local authorities are not enforcing them. As a ministry, we should ensure that the local authorities enforce the by-laws in order to protect the environment and provide a conducive environment for people to live in.

I thank you, Sir.

REHABILITATION OF BRIDGE AT KASAMBA PRIMARY SCHOOL

682. Mr Namulambe asked the Minister of Transport Works, Supply and Communication when the bridge at Kasamba Primary School across the Kafulafuta River in Mpongwe Parliamentary Constituency would be rehabilitated.

Dr Mwali: Mr Speaker, the bridge is scheduled for rehabilitation in the fourth quarter of 2015, with funding from the Disaster Management and Mitigation Unit (DMMU). The cost of the works will be known once the condition survey has been conducted.

Mr Speaker, I thank you.

683. Mr Simfukwe (Mbala) asked the Minister of Finance:

(a)    what the value of the two Eurobond loans, in kwacha, was:

(i)    at the time of borrowing; and
(ii)    in February, 2015;

(b)    what the increase, in terms of interest payable in kwacha, between the time of borrowing and February, 2015, was; and

(c)    what measures the Government had taken to mitigate the increased kwacha-value payments in view of the weakening kwacha against major foreign currencies.

The Minister of Finance (Mr Chikwanda): Mr Speaker, at the time of borrowing, the US$750 million bond was worth K3.825 billion while the US$1 billion Eurobond was worth K5.5 billion. If the bonds were issued in February, 2015, collectively, they would be worth K11.81 billion.

Sir, as regards when the interest payment was due on the US$750 million bond in March, 2013, the interest payable was K109,222,688. The interest paid in March, 2015, amounted to K149,676,281. Therefore, the increase was K40,453,530.

Mr Speaker, on the US$1 billion bond, there has been two interest payments. The first payment amounted to K269,012,250 and was paid in October, 2014. The second interest payment was due in April, 2015, and amounted to K309,234,251.01. Therefore, the difference between the first and second interest payments was K40,222,001.

Mr Speaker, the House is aware that the Government has undertaken various measures to tighten the Monetary Policy in an effort to ensure a stable kwacha. The latest of these measures took effect on 8th April, 2015, and involved raising the minimum reserve requirements for commercial banks from 14 per cent to 18 per cent.

Mr Speaker, in conclusion, we are mindful that for long-term sustainability, the only way the kwacha will be stabilised is by enhancing foreign exchange earnings by diversifying the export base. In this regard, the Government has continued to encourage export diversification by supporting sectors such as energy, agriculture, tourism and manufacturing.

Mr Speaker, I thank you.

Mr Simfukwe: Mr Speaker, I am grateful to the hon. Minister for the detailed response. From the response, it is obvious that the major risk that we face with the borrowed funds is the weakening of the kwacha. The hon. Minister has indicated that at the time of borrowing the US$750 million bond, it was worth about K3 billion and that the difference between the first and second interest payments was about K40 million.

Mr Speaker, to avoid a situation like the one we had in the eighties where the kwacha lost a lot value and loans became expensive, I would like to find out whether the experts at the ministry have advised the hon. Minister of Finance at which cut off point or danger point the exchange rate of the kwacha will make the loans impossible to repay.

Mr Chikwanda: Mr Speaker, the kwacha parity, which is the price of the kwacha in terms of other currencies, is not dependent upon whatever advice that can be rendered by anybody in the Ministry of Finance or anywhere in the community. It is purely an economic function that depends on what is obtaining in the economy. If the economy stagnates or decelerates, then, the value of the kwacha will increasingly depreciate.

Mr Speaker, the panacea is to grow the economy so that we can export more. The other alternative is to import less. In Zambia, we import almost everything. We, in fact, even import various types of juices from South Africa when we have better climatic and soil conditions to grow the fruits from which the juices are produced. So, the hon. Minister has to wave a magic wand to artificially upgrade the kwacha. In any case, given the state of the economy now, the kwacha may be even slightly over valued.

I thank you, Sir.

Ms Namugala (Mafinga): Mr Speaker, in trying to build the country’s productive capacity, has the Eurobond been fully invested into the intended projects? Further, does the Ministry of Finance have a mechanism to track the utilisation of their use?

Mr Chikwanda: Mr Speaker, all the money that we raise in bonds is invested in growth-promotion projects in the various sectors of the economy, including agriculture, energy and other productive sectors. However, it is common knowledge to us that as a country, our work ethics are quite poor. It is an uphill task to make sure that the funds we borrow are used to grow the economy. I am very grateful to the hon. Member for raising this question. However, these are questions that we must collectively address. The work culture in this country is adverse and I think that much as we worry about the fiscal deficit, the night mare, for me, is the commitment and integrity deficits. These are more worrying than the fiscal deficit.

Mr Speaker, I thank you.

Mr Simuusa (Nchanga): Mr Speaker, what exchange rates have been assumed or projected in the repayment of the loans?

Mr Chikwanda: Mr Speaker, it is an impossible task to project exchange rates because, like I said earlier, exchange rates cannot be fixed by administrative or political fiat where you just wave a magic wand and say that let this be the exchange rate. Exchange rates are a function of what is prevailing in a particular economy. The answer does not lie in any mystique other than just that we should grow the economy of Zambia. The economy of Zambia should perform to the best of its potentiality. This is the challenge that we have as a country. We are not going to fix exchange rates through pious hopes or wishes. The exchange rates will be determined by the size, strength or weakness of the economy.

Mr Speaker, I thank you.

Ms Imenda: Mr Speaker, listening to the hon. Minister of Finance speak now and for the past three weeks, gives me the impression that there is a crisis in our economy, and this crisis needs to be ...

Ms Namugala: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Ms Namugala: Mr Speaker, I apologise to my elder sister for interrupting her question.

Mr Speaker, we are all worried about the utilisation of the borrowed funds. I posed a question to the hon. Minister of Finance on whether his ministry has a mechanism in place to track the utilisation of the funds by the beneficiary institutions but, I am afraid, he has not answered that question.

Mr Speaker, is he in order not to respond to my question?

Mr Speaker: Order!

Hon. Member for Luena, proceed.

Ms Imenda: Mr Speaker, I was saying that I get the impression that our economy is in a crisis Therefore, I would like to mention to the hon. Minister that it is time he decided to call stakeholders to some kind of indaba from ...

Mr Speaker: Order!

Meaning?

Ms Imenda: Mr Speaker, it is some kind of insaka.

Interruptions

Mr Speaker: Order!

You are not helping matters.

Laughter

Ms Imenda: Mr Speaker, can the hon. Minister call a roundtable discussion led by the Ministry of Finance so that various stakeholders such as private investors, non-governmental organisations (NGOs), technocrats, and agriculture specialists can look at our economy and chart the way forward? Is the hon. Minister not considering doing that, especially at a time like this when the country is in a crisis?

Mr Chikwanda: Mr Speaker, there are challenges in the economy, but they do not necessarily amount to an insurmountable crisis. The issue of consulting widely is acceptable. This is why we shall bring a Budget Planning Bill to Parliament which will broaden the consultations. I do not think that the hon. Minister of Finance and his bureaucrats in the ministry have the monopoly of wisdom. We should consult widely even from the versatile and robust hon. Member of Parliament for Luena.

Mr Speaker, let me take this opportunity to respond to the question by the hon. Member for Mafinga. Yes, we do monitor the use of the funds. Monitoring and Evaluation is one of the most efficient units in my ministry. The officers in that unit are very efficient. In fact, what we need to do is to bring a report to Parliament on project monitoring. Project implementation and monitoring is so serious that the President has got a special assistant responsible for project monitoring. I personally find that arrangement very useful because it reinforces accountability. The Ministry of Finance administers public resources. So, it should be subjected to maximum accountability. The taxpayers, who are paying back those very expensive foreign loans, have a right to know how the loans are being expended because if we are not doing the right thing, the debts will become impossible to service. There will be debt unsustainability. We do not want to reach the same point as a country in Europe, whose debt is almost more than 200 per cent of its gross domestic product (GDP) and, no matter how the loans it owes are rearranged, the difficulty still remains there. Zambia could reach that level if we do not use the resources prudently and do not enhance our work ethics.

I thank you, Sir.

__________

MOTIONS

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE PRESIDENTIAL APPOINTMENT OF HON. JUSTICE MR MARVIN SITWALA MWANAMWAMBWA TO SERVE AS DEPUTY CHIEF JUSTICE OF THE REPUBLIC OF ZAMBIA, MR DAVID MATONGO TO SERVE AS A MEMBER OF THE ELECTORAL COMMISSION OF ZAMBIA, AND MR GEOFFREY WAMUSULA SIMUKOKO, TO SERVE AS MEMBER OF THE JUDICIAL COMPLAINTS AUTHORITY, FOR THE FOURTH SESSION OF THE ELEVENTH NATIONAL ASSEMBLY, LAID ON THE TABLE OF THE HOUSE ON 21ST JULY, 2015

Mr Simbao (Senga Hill): Mr Speaker, I beg to move that the House do adopt the Report of the Parliamentary Select Committee appointed to scrutinise the Presidential appointment of Hon. Justice Mr Marvin Sitwala Mwanamwambwa to serve as Deputy Chief Justice of the Republic of Zambia, Mr David Matongo to serve as a member of the Electoral Commission of Zambia (ECZ), and Mr Geoffrey Wamusula Simukoko, to serve as a Member of the Judicial Complaints Authority (JCA), for the Fourth Session of the Eleventh National Assembly, laid on the Table of the House on 21st July, 2015.

Mr Speaker: Is the Motion seconded?

Mr Malama M. (Chitambo): Mr Speaker, I beg to second the Motion.

Mr Simbao: Mr Speaker, the appointment of Hon. Justice Mr Marvin Sitwala Mwanamwambwa is made pursuant to the provisions of Article 93 (1) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia. The appointment of Mr David Matongo is made pursuant to Section 4 (3) and (4) of the Electoral Commission Act, Chapter 17 of the Laws of Zambia, while the appointment of Mr Geoffrey Wamusula Simukoko is made pursuant to the provisions of Section 20 (2) of the Judicial Code of Conduct Act No. 13 of 1999 of the Laws of Zambia.

Mr Speaker, in carrying out its task, your Committee took note of the fact that the three nominees were being appointed to serve in key governance institutions in the country. Your Committee was also cognisant of the fact that the country is looking for qualified, hardworking, credible and competent people to occupy such important positions of responsibility. Therefore, to assist your Committee in the scrutiny of the nominees, only carefully-selected witnesses were invited. The witnesses made written submissions and also appeared before your Committee to orally submit information on each of the nominees. Further, your Committee had an opportunity to interview the nominees and carefully scrutinise their curriculum vitae to ensure that they were suitably qualified and competent to ascend to the positions they had been appointed.

Mr Speaker, I now wish to submit information on each of the nominees as follows:

(a)    Hon. Justice Mr Marvin Sitwala Mwanamwambwa

Mr Speaker, your Committee recognises that the position of Deputy Chief Justice plays a very important role in the Judiciary and the governance of our country. Your Committee is further cognisant of the fact that public confidence in the Judiciary has declined over the years due to the allegations of incompetence, corruption and lack of independence in the Judiciary. Therefore, to restore the confidence, there is a need to ensure that only Judges of high calibre and a proven track record of integrity, and judicial independence are appointed to positions of leadership in the Judiciary.
Hon. Justice Mr Marvin Sitwala Mwanamwambwa qualified as a legal practitioner in 1981. He, therefore, has over thirty-four years at the Bar. Over the years, he worked as a legal practitioner both in the public and private sectors.  

In 1999, he was appointed Judge of the High Court and, in 2008, he was appointed Supreme Court Judge. In March, 2014, he was appointed Acting Deputy Chief Justice, a position he holds to date.

In this regard, Hon. Justice Mr Marvin Sitwala Mwanamwambwa possesses the requisite academic qualifications and experience to be appointed Deputy Chief Justice of the Republic. Throughout his career, both on the Bar and at the Bench, Hon. Justice Mwanamwambwa has exhibited firmness, independence and a strong desire to ensure that the law is adhered to and justice is done.

This is evident from his ability to act independently even under immense pressure. In some instances, he has disagreed with the position of his peers on the Bench and written dissenting judgments. His competence, as a Judge, is undoubted and has been illustrated by his well-reasoned judgments, most of which have been reported in the Zambia Law Report which is a compilation of well-written High Court and Supreme Court Judgments that pronounce on various principles of law. As a matter of fact, of the thirty-one judgments reported in the 2009 Zambia Law Report, five were his. In addition, when he was High Court Judge, very few of his judgements were overturned, on appeal, by the Supreme Court. He is also one of the Judges who do not have a backlog of cases.

Mr Speaker, your Committee further notes that in addition to adjudicative functions, the Deputy Chief Justice carries out administrative functions.  Hon. Justice Mr Mwanamwambwa, who is currently acting Deputy Chief Justice, has also shown his administrative capabilities by ensuring that a proper system for listing cases was put in place. He has also improved the manner in which the Supreme Court communicates its position on various matters. In addition, he ensured that appeals for some prisoners at Mukobeko Maximum Prison that had been pending for a long time were determined.

Mr Speaker, all the witnesses who appeared before your Committee confirmed that the nominee was a hardworking, credible and result-oriented individual and that he and the current Chief Justice, Hon. Madam Irene Mambilima, would make a formidable team that would restore public confidence in the Judiciary. Your Committee is, therefore, satisfied that the nominee, if ratified, will discharge his duties, as Deputy Chief Justice, in an effective and diligent manner.

(b)    Mr Geoffrey Wamusula Simukoko

Mr Speaker, your Committee notes that the JCA is crucial to the justice system of our country. This is because it is an institution to which members of the public, who feel that they have been unjustly treated by judicial officers, can take their complaints. For members of the public to have faith in the institution, it is important that its members are not only competent, but also conduct themselves with utmost independence and integrity.

Mr Speaker, your Committee notes that Mr Geoffrey Wamusula Simukoko is a lawyer with forty-one years standing at the Bar. He holds a Master of Arts Degree in Management Studies and Certificates in Arbitration and Mediation. He has worked as company secretary and legal counsel in several parastatal bodies and private companies, and currently practices under the firm G. W. Simukoko and Company. In addition, he is a consultant in Alternative Dispute Resolution and has attended various seminars and short courses on arbitration, mediation, housing finance and asset securitisation.  

Sir, considering the number of years Mr Simukoko has been a legal practitioner, he is qualified to hold high judicial office and, therefore, meets the statutory requirements for appointment as a member of the JCA. He also has sufficient experience to enable him add value to the authority. Your Committee further notes that the fact that he is not from the Judiciary is an added advantage and will help dispel the notion that the JCA is biased towards judicial officers because its members are former Judges.

Mr Speaker, your Committee is, therefore, confident that the nominee’s vast experience in the legal profession in general and alternative dispute resolution, in particular, will be of immense value to the JCA.

(c)    Mr David Matongo

Mr Speaker, ECZ is tasked with the responsibility of managing and overseeing elections in the country. For the commission to remain credible and the public to have confidence in the outcome of elections, it is important that members of the commission are ably qualified, impartial and have integrity.

Mr Speaker, your Committee notes that Mr David Matongo has a Bachelor of Arts Degree in Commerce and has served in corporate management positions in various parastatal bodies and private companies. In addition, he has had an illustrious political career, having been one of the founder members of the United Party for National Development (UPND) and Member of Parliament for Pemba Parliamentary Constituency, from 2001 to 2011. While in Parliament, Mr Matongo participated in several international election observer missions.

While your Committee notes that the ECZ Act does not bar former politicians from being members of the commission, it is cognisant that to uphold the credibility and independence of the commission, it is important for members of the commission to be non-partisan.

Sir, your Committee notes that Mr David Matongo resigned from the UPND in 2011 and has not been involved in active politics since. Your Committee is therefore satisfied that he will be able to discharge his functions with impartiality. Your Committee is further confident that having been a participant in politics, at the national level, the nominee has insight in the country’s electoral process that will be beneficial to ECZ. In this regard, your Committee is positive that the nominee’s wealth of experience in national politics, coupled with his exposure in the public and private sectors, makes him suitable for appointment as a member of ECZ.

Mr Speaker, allow me now to briefly discuss some of the salient issues ...

Interruptions

Mr Speaker: Order, on the left!

Mr Simbao: ... raised by your Committee.

Sir, your Committee wishes to express concern at the slow manner in which appointments to high judicial offices are made, as this has the potential to negatively affect the operations of the Judiciary. Your Committee, therefore, urges the Executive to ensure that positions in the Judiciary are filled as soon as vacancies occur. This will help improve justice delivery as well as the image of the Judiciary.

Your Committee is also concerned that the ECZ Act does not prescribe qualifications for members of the commission. Considering the role that the commission plays in the country’s democratic dispensation, it is important that the Act sets out criteria for the appointment of members to the ECZ. In this regard, your Committee recommends that the Act be amended to prescribe qualifications for members of the ECZ.

Further, your Committee observes, again, with satisfaction, that a non-judicial officer has been appointed to serve as a member of the JCA. Your Committee commends the Executive for departing from the practice of appointing only former judicial officers to the JCA. It is the hope of your Committee that this trend will enhance the credibility of the JCA and help dispel the notion that the authority is biased towards Judges because it comprises their colleagues.

Sir, after considering the submissions in their fullness, your Committee concluded that all the nominees possessed the requisite qualifications and competences to serve in the positions to which they had been appointed. Your Committee, therefore, recommends that the House ratifies the Presidential appointments of Hon. Justice Marvin Sitwala Mwanamwambwa to serve as Deputy Chief Justice of the Republic of Zambia, Mr David Matongo to serve as a member of the ECZ and Mr Geoffrey Wamusula Simukoko to serve as a member of the JCA.

Mr Speaker, lastly, I wish to place on record your hon. Members’ gratitude to you for appointing them to serve on the select Committee. Your Committee further wishes to thank the Office of the Clerk of the National Assembly for the services rendered to it during its sittings. Your Committee is equally grateful to all the witnesses for their written and oral submissions which enabled it to successfully carryout the assignment.

Sir, I beg to move.

Hon. Government Members: Hear, hear!

Mr Speaker: Does the seconder wish to speak now or later?

Mr Malama H.: Now, Sir.

Mr Speaker, I thank you for according me the opportunity to second the Motion on the ratification of Hon. Justice Marvin Sitwala Mwanamwambwa to serve as Deputy Chief Justice of the Republic of Zambia, Mr David Matongo to serve as a member of the Electoral Commission of Zambia (ECZ) and Mr Geoffrey Wamusula Simukoko to serve as a member of the Judicial Complaints Authority (JCA).

Sir, allow me to thank the mover of the Motion for the manner in which he has highlighted the pertinent issues in your Committee’s Report and the Chairperson of your Committee for the able manner in which he has presided over the deliberations of your Committee. I will be very brief in seconding the Motion on the Floor.

Mr Speaker, the mover of the Motion has clearly stated the position of your Committee on these very important appointments. I, therefore, wish to add that all the three appointees are mature, experienced, qualified and have impeccable characters, and are thus suitable to serve in the positions that they have been appointed.

Sir, allow me to also emphasise that your Committee established that Hon. Mr Justice Marvin Sitwala Mwanamwambwa was an eminent person who has distinguished himself as an upright and independent Judge who was not afraid to deliver dissenting judgments. His ascendance to the Office of the Deputy Chief Justice would be beneficial to the Judiciary.

Mr Speaker, your Committee noted that Mr David Matongo was a former politician who had served as Member of Parliament for Pemba Parliamentary Constituency. Your Committee further noted that the nominee had held various positions in the United Party for National Development (UNPD), in regional and international parliamentary organs and served on various Committees of Parliament. However, the nominee has not been involved in any political activities ever since he resigned from the UPND in 2011 and is not a member of any political party.

Mr Speaker: Order!

Business was suspended from 1045 hours until 1100 hours.

[MR SPEAKER in the Chair]

Mr Malama H.: Mr Speaker, before business was suspended, I was saying that Mr David Matongo had not been involved in any political activities since he resigned from the UPND in 2011, and has not been a member of any political party since. Your Committee recognises the invaluable knowledge that the nominee would bring to the commission having been a politician and corporate manager before.

Sir, your Committee noted that Mr Geoffrey Wamusula Simukoko had been an advocate of the High Court of Zambia since 1974 when he was admitted to the Bar. He has a wealth of experience in the administration of justice in Zambia, and would thus be an asset if he was appointed as member of the JCA.

Sir, I wish to make an appeal to the three nominees that the offices they are ascending to are critical to the promotion of good governance and the rule of law which are a cornerstone of any democratic society. In this regard, they are strongly urged to exhibit competence, integrity, diligence, impartiality and independence in the execution of the functions of the offices to which they are being appointed.

Sir, as I conclude, allow me to thank the Clerk of the National Assembly and her staff for the invaluable support they rendered to your Committee during its proceedings.

With these few remarks, I beg to second.

Hon. Members: Hear, hear!

Mr Muchima (Ikeleng’i): Mr Speaker, firstly, let me thank the mover and seconder of the Motion for championing the Motion on the Floor.

Mr Speaker, today, we are centring ourselves in the global society that demands for good governance. Firstly, I would like to debate in support of the appointment of Hon. Justice Mr Marvin Sitwala Mwanamwambwa to the position of Deputy Chief Justice. However, before I do that, I would like to talk about justice in general. This country was ruled by the colonial masters. We saw how the black people suffered.

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

Mr Speaker: A point of order is raised.

Mr Nkombo: Mr Speaker, I apologise to the hon. Member for Ikeleng’i for interrupting his line of thought.

Mr Speaker, as you can see, the Government Chief Whip, Hon. Mukanga, and the Whip for the Movement for Multi-party Democracy (MMD), Hon. Mtolo, are both not in the House. I am sure you have also observed that I, the Whip for the United Party for the National Development (UPND), also walked in late.

Sir, when business was suspended, we experienced a very unfortunate event in the tea room. This is the reason I came into the House late and the hon. Government Chief Whip is still finding his way here. We witnessed a barrage of insults, which almost culminated into a physical fight, between the hon. Member of Parliament for Mfuwe and the hon. Member of Parliament for Kasama Central who was seated with Hon. Mucheleka. The purpose for the outrage is not known but, witnessing it from a distance, I could only deduce that the hon. Member of Parliament for Mfuwe was the aggressor.

Interruptions

Mr Nkombo: However, that is subject to correction in case I did not see properly. If that be the case, is the Member of Parliament for Mfuwe, Hon. Mwimba Malama, in order to charge at a Member who was seated enjoying his tea with a colleague? I wish you were there to see for yourself, Sir, what happened. Is he in order to attempt to attack his brother ...

Hon. Government Members: Question!

Mr Speaker: Continue, hon. Member for Mazabuka Central.

Mr Nkombo: ... in that manner?

I seek your ruling, Sir.

Mr Speaker: As you have rightly pointed out, I was not there. So, I am not able to render a ruling immediately. I can only reserve it so that I am properly apprised of the circumstances leading to your point of order.

The hon. Member for Ikeleng’i may continue.

Mr Muchima: Mr Speaker, before I was interrupted by the point of order, I was referring to these important offices which are to be occupied by Hon. Justice Mr Marvin Mwanamwambwa and Hon. David Matongo. This country has a history of having been ruled by the colonial masters who subjected us to a lot of injustice. There was no integrity in the court system as it favoured one section of society, that is, the white people.

Mr Speaker, today, we are liberated from injustice and all the inhuman behaviour that is not tolerated by society. The set up of the justice system is supposed to be fair for all citizens. That is what will create confidence in the justice system. We are not supposed to look at colour or segregate people on the basis of political patronage. We had a lot of confidence in the justice delivery-system as it was applied. Today, we have a question. After Independence, we had a lot of confidence in the justice-delivery system. However, is the way justice being delivered today valued the same way? Do the people of Zambia want justice to continue being delivered the same way? These are the questions we need to ask.

Mr Speaker, today, most Zambians are worried because the justice-delivery system of today seems to be favouring a certain cadre of people. It favours people with money; people who have influence; and people who belong to some political parties. That is not the justice that is demanded by a society like Zambia and that is cherished by God in heaven. We need a justice delivery-system that does not segregate. We need a justice delivery-system that operates almost like Parliament. Today, this Parliament is respected in the region because of the manner in which it conducts itself. When we are here, everyone is equal before you, Mr Speaker, and the people of Zambia. That is the way we need to run our country in terms of justice.

Mr Speaker, today, we have diverted from real justice. A Member from the Opposition will be treated differently from a Member from the Ruling Party even when they have committed a similar offence. That is not justice. People have begun to start questioning what role our courts of law are playing. When we go to court, we should be confident that justice will prevail, but that is not the case.  

Mr Speaker, as I support the appointment of Hon. Justice Mr Mwanamwambwa, it is my prayer that all of us will have confidence in our justice-delivery system. We also need to find out the views of the Zambian people in regard to the justice-delivery system in Zambia. If you go to court today, you can even predict the outcome. That should not be the case because we are eroding the course of justice. We have seen some lawyers and Judges siding with some political parties. They are not supposed to do that. Even if they support certain political parties, they are not supposed to show it.

Sir, in the same vein, if a medical doctor involves himself/herself in party politics, then he/she is a danger to society.

Brig-Gen. Dr Chituwo: Question!

Mr Muchima: The medical doctors who are here, like Brig-Gen. Dr Chituwo, ...

Laughter

Mr Muchima: ...  have stopped practising medicine.

Laughter

Mr Speaker: Hon. Member, please, bear in mind the caveat that we are not supposed to debate ourselves. Also bear in mind the Motion before the House. You must focus on what is before us which is the report of your colleagues.

Continue, hon. Member.

Mr Muchima: Mr Speaker, we need men and women of high integrity who can command confidence so that the governance of our country is based on good morals and peace can prevail.

Sir, let me now speak about Mr David Matongo who has been cited in the report. He is a well-known man who has served in parastatal companies like the Zambia State Insurance Corporation (ZISC) Limited. He was a Member of Parliament and Chief Executive for Contract Haulage Limited and the Food Reserve Agency (FRA). He is a man of high integrity and we can rely on him especially that he was once or, maybe, is still a member of the United Party for National Development (UPND).

Mr Mbulakulima: No, he resigned.

Mr Muchima: I am told he resigned. So, he will balance up the equation. It is worrying to see some cadres being appointed to certain positions. The Electoral Commission of Zambia (ECZ) is a very important institution that is in charge of elections in the country. We need men and women of high integrity in that institution. During elections, we experience a lot of accusations because of the manner in which elections are conducted. The announcing of results is unnecessarily delayed because some people try to manipulate the results. The ECZ is the Government machinery which should protect the integrity of the voting pattern. Therefore, we hope that the appointment of Mr David Matongo will balance the equation so that we can all have confidence in the electoral system.

Sir, with these few words, I support the appointment of the three men mentioned in your Committee’s Report.

I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, these are very important appointments because they affect the society and all of us, directly or indirectly.

Sir, I will be brief in my debate. I would like to address the appointees, through this House, on what the society expects of them. Society expects the three appointees to be professional in their respective positions.

Mr Speaker, what is professionalism? Professionalism can be defined as a combination of skills and high standards, and that is what we expect of them. They must be people of integrity. Integrity is a combination of honesty and firmness. Therefore, they should be honest and firm.

Sir, I expect the three appointees to be professional and uphold certain qualities. They must be objective in their rulings and opinions which they should base on facts, and not personal feelings. Talking about the objectivity of a professional person, I will use the analogy of a female medical doctor. If a woman who had an affair with her husband came to the hospital about to deliver a baby that has been fathered by the husband, if she is professional, she will not leave that woman unattended to, but will deliver the baby in a safe environment. That is what is expected of a person who is professional.

Hon. Opposition Members: Hear, hear!

Laughter

Mr Speaker: The analogy has moved us away from the relevant professions.

Ms Imenda: Mr Speaker, I would like to give another scenario of what is expected of a professional person.

Mr Muntanga: That is serious.

Ms Imenda: Let me give another example of a man who was a Chief Education Officer. His son misbehaved at a certain secondary school and had to be expelled from that school. The headteacher was at crossroads as he did not know what to do. So, he phoned the Chief Education Officer and said, “Sir, some pupils have committed a misdemeanour.” The Chief Education Officer asked the headteacher what the problem was. In his response, the headteacher said that according to the rules, the pupils were supposed to be expelled. He further said that the problem was that one of the pupils involved was the son to the Chief Education Officer. The Chief Education Officer asked the headteacher what the rules said about such offences. If the rules said the pupils should be expelled, then, they should be expelled. So, the Chief Education Officer told the headteacher that the pupils had to be expelled regardless of whoever was involved. In short, the Chief Education officer was being professional.

Sir, another attribute that I expect from the three appointees is independence from cohesion and undue influence which is something whose existence I doubt, particularly in the Police Force. This should not be allowed to extend to the Judiciary, Judicial Complaints Authority (JCA) and Electoral Commission of Zambia (ECZ). I expect the three institutions to be free from cohesion and undue influence.

Mr Speaker, the other attribute that I expect from the three gentlemen – unfortunately, they are all men – is honesty. They should be honest and not do things that will bring their integrity into disrepute.

 Sir, I said that I would be brief. That is my advice to the appointees if they are listening.

 I thank you, Mr Speaker.

Prof. Lungwangwa (Nalikwanda): Mr Speaker, I will equally be brief because this is a very straightforward report which I support very strongly.

Sir, I think it is very important for us to underline very important principles which we ought to pay serious attention to, as a House and the nation at large. I will focus principally on the appointment of Hon. Justice Mr Mwanamwambwa, as contained in the report. I hope that you will allow me to refer to your Committee’s Report in more detail so that we learn from it.

Mr Speaker, your Committee’s Report underlines what education, training and professional experience can do to a person and how important the three elements are to those who are appointed to the higher echelons …

 Interruptions

Mr Speaker: Order!

Please, let us listen closely to this debate. If as usual you need to converse, please, the doors are open.

 Prof. Lungwangwa: Sir, I was saying that the report underlines what education, training and professional experience can do to the persona of the individual and the importance of the three factors to those who are appointed to the higher echelons of our institutions of governance.

Mr Speaker, I will refer to page 17 of the report of your Committee. When your Committee asked Hon. Mr Justice Mwanamwambwa what he had to say about himself, he had this to say:

“In discharging his functions, he was guided by the principles of independence and impartiality of the Judiciary. He referred your Committee to the Bangalore Principles of Judicial Conduct, which require the independence of the Judiciary to be enshrined in the Constitution. Other requirements of the principles were the need for the Judiciary to discharge its functions impartially and without interference; the fair conduct of judicial proceedings; and the fair treatment of litigants. Under the principles, each State was obliged to ensure that the Judiciary was adequately supported.”

Sir, here is a very good example of how the professional training of a person can make the type of person he/she becomes in executing his/her professional responsibility. Clearly, what Hon. Justice Mr Mwanamwambwa demonstrated to your Committee is how his professional training has built him, and that is the persona of the person and how he looks at his responsibility as a Judge and made him achieve that higher level or what we call the ripeness of judgment as a Judge or person responsible for executing judgments. Clearly, this has been highlighted by the various respondents to your Committee.

Mr Speaker, on page 8 of the report of your Committee, the Foundation for Democratic Process (FODEP) had this to say about Hon. Justice Mr Mwanamwambwa:

“He was hardworking, credible and result-oriented and would enhance the performance of the Judiciary.”

Sir, further, the Southern African Centre for the Constructive Resolution of Disputes (SACCORD) had this to say on page 9 of your Committee’s Report:

“The Nominee, Justice Mwanamwambwa, was firm enough to ensure the independence of the Judiciary and that the nominee was capable of making sound and independent judicial decisions.”

Mr Speaker, I was just trying to highlight how the professional standing of a person is viewed in the eyes of those who are looking at his professional standing.

Sir, the Judicial Complaints Authority (JCA) had this to say on page 10 of the report:

    “The nominee was very orderly, prompt and articulate.”

Further, on page 11 of the report of your Committee, the Judiciary Service Commission (JSC) said that:

“The nominee was one of the Judges of the Supreme Court who did not have a backlog of cases. They further informed your Committee that the nominee was a firm believer in the independence of the Judiciary and had a good work ethic, and possessed high morals and integrity.”

Mr Speaker, on Page 13 of your Committee’s Report, the Law Association of Zambia (LAZ) said:

“... the nominee was a highly competent Judge who had distinguished himself as hardworking, honourable and diligent, both at the Bar and on the Bench. The nominee was Acting Deputy Chief Justice and had carried out the functions of his office diligently, and had exhibited the firmness expected of a Deputy Chief Justice. The nominee has been administering the Supreme Court very well.”

Sir, LAZ further said that the most important attributes were firmness and approachability, which the nominee possessed, and that the nominee would help improve the public perception of the Judiciary and restore public confidence in the Judiciary. LAZ also regarded him as objective and uncompromising, and a person of integrity.

Mr Speaker, that clearly states what we, as a nation, expect in individuals holding public office at the highest level. Clearly, Hon. Judge Mwanamwambwa has distinguished himself and deserves to be at the helm of the Judiciary. As we all know, the Judiciary is the mirror of our nation. We should be able to see ourselves through the Judiciary so that our governance system can be judged, in terms of its fairness, through its eyes. That can best be done when we have men and women of high professional standing who can provide the highest levels of objectivity and instil confidence in all of us that, indeed, we have a Judiciary that is for the good of the nation.

Sir, what has been said here about Hon. Justice Mwanamwambwa is how it should be. That is how professionals ought to be when they are being called upon to execute functions of great importance relating to the wellbeing of the nation. At this point, I can only wish all the three nominees well for the good of our nation.

Mr Speaker, I thank you.

The Minister of Justice (Dr Simbyakula): Mr Speaker, I do not have much to say because, as we all have heard from your Committee and the hon. Members who have contributed to the debate on the Motion on the Floor, the three nominees are men of high integrity. Their work, wherever they have been, has been of very high calibre and it speaks for itself. All the witnesses who made submissions to your Committee spoke highly of all the three nominees. I would like to thank all the hon. Members for their unanimous support for the nominees.

I thank you, Sir.

Mr Simbao: Mr Speaker, I would like to thank all those who have contributed to this report and for their support.

I thank you, Sir.

Question put and agreed to.

REPORT OF THE COMMITTEE ON LANDS, ENVIRONMENT AND TOURISM ON THE MERITS AND DEMERITS OF AGRICULTURE VIS-À-VIS INDUSTRIAL ACTIVITIES

Mr Muntanga (Kalomo Central): Mr Speaker, I beg to move that this House do adopt the report of the Committee on Lands, Environment and Tourism on the Merits and Demerits of Agriculture vis-à-vis Industrial Activities for the Fourth Session of the Eleventh National Assembly laid on the Table of the House on 22nd July, 2015.

Mr Speaker: Is the Motion seconded?

Mr Chipungu (Rufunsa): Mr Speaker, I beg to second the Motion.

Mr Muntanga: Mr Speaker, your Committee considered the topic the Merits and Demerits of Agriculture vis-à-vis Industrial Activities. This topic arose out of the petition by Mrs Martha M. Kangwa and other stakeholders of Makeni West Farming Community against the development of an industrial cement factory in an agricultural area. The petitioners had requested Parliament to:

(a)    order a professional objective review of the merits and demerits of renewable activity vis-à-vis depletive industrial economic activity;

(b)    order alienation of alternative suitable land for the planned cement factory; and

(c)    order that the piece of land granted to Nasla Cement Limited be, instead, granted to the farming community for public health care, educational and recreational amenities.

Mr Speaker, since there has been a judicial pronouncement on the matter by the Supreme Court, in his judgment in the case of Martha Mutizhe Kangwa and twenty-nine others versus Zambia Environmental Management Agency (ZEMA), Nasla Cement Limited and the Attorney General Appeal No. 40/2012 in which the court decided in favour of Nasla Cement Industries Limited.

Your Committee, therefore, could not delve into the merits and demerits of the court judgment. Your Committee, in this regard, is exercising its oversight role by looking into how the relevant Government agencies are regulated and how they carry out their work when authorising agriculture vis-à-vis industrial activities.

Sir, your Committee observes that, technically, the various government ministries and agencies had followed the law to the letter when deciding to allow for the change of land use in Makeni West area, an agricultural area, to cement mining. However, your Committee equally notes the following:

(a)    the said piece of land in the Makeni West area has been a productive agricultural area for a long time and the introduction of an extractive industry does not guarantee the quality and sustainability of the present and future use of the piece of land in the area;

(b)    there is, and was already heavy investment and employment in the area arising from agricultural activities. The introduction of cement mining and processing will adversely affect these agricultural concerns;

(c)    the establishment of a cement factory in the area is likely to lead to some farmers discontinuing their farming activities;

(d)    the decision to allow mining in an agricultural area shows that agriculture is being relegated to an inferior position in the vis-à-vis mining and this is a threat to the country’s food security in the long term; and

(e)    the fact that the mining site sits on a mere 30-hectare plot in the midst of a farming community indicates that there was no due diligence or consideration, over and above the technical aspects, before approval was given for the project to commence.

Mr Speaker, notwithstanding the fact that this matter has been determined through the courts of law, your Committee recommends that the Head of State intervenes in and reviews this matter in order to save the agriculture sector and forestall the impending closure of the farming enterprises in that area.

Your Committee is uncomfortable to note that in relation to the environment and the different types of land uses, whenever issues of mining or other heavy industrial projects are being proposed, the Government has tended to display clear bias where only one outcome is possible. Examples in this regard abound. This is irrespective of the pre-existing activities on the ground as in the case of Zambezi Oil Transport in Ndola, where the existence of a stream, Zambia Electricity Supply Corporation (ZESCO) power lines and highway were insufficient considerations to stop the project from being sited in the wrong place. This was in spite of the expert advice against the project as well as your Committee’s opposition to the project.

Mr Speaker, where situations like these arise in the future, your Committee implores the Executive to undertake extensive consultations, especially where there is likely to be the destruction of either the environment or one type of industry, in this case agriculture. In other words, your Committee insists that full due diligence should be undertaken when such important matters are being discussed.

In conclusion, Mr Speaker, I wish to thank all the stakeholders who appeared before your Committee and tendered both oral and written submissions. I also wish to thank you, Mr Speaker, for affording your Committee the opportunity to consider the topic. Your Committee is equally grateful for the services rendered by the Clerk of the National Assembly and her staff during its deliberations.

Mr Speaker, I thank you.

Hon. Opposition Members: Hear, hear

Mr Speaker: Does the seconder wish to speak now or later?

Mr Chipungu: Now, Mr Speaker.

Sir, since the Chairperson has ably put your Committee’s views in general perspective, I will only cite a few specific issues. Your Committee noted that the consultation process, in this case, met the requirements of the law. The developer placed an advertisement in a local paper for a prescribed amount of time, indicating his intention to change the use of land from agriculture to cement mining. According to the current law, consultations had been undertaken and, after the prescribed period, no one indicated opposition to the project.

Your Committee is of the view that this consultation process in relation to change of land use, as provided for under the law, which requires the party wishing to change the use of land to place an advertisement in the local papers, is flawed and insufficient to amount to consultation in real sense.

Your Committee was further shown a list of names of nine individuals who were consulted and were said to have had varied reactions to the project, some in favour of it, others against it, while some were undecided. It is your Committee’s considered view that the consultation of nine people in an area occupied by many, including well known big farming concerns, was insufficient to form the basis of an opinion on a matter that would impact such a large community.

In this regard, your Committee recommends the revision of the law relating to what constitutes consultation when considering change of land use. Consequently, your Committee proposes an amendment of the relevant legal provisions so as to compel or mandate the relevant Government agencies to consult the people on the ground, who would be affected by such changes, widely as, in most instances, they are identifiable.

It is, therefore, an anomaly that there is very little or no coordination between the ministry responsible for land administration and other government ministries, and agencies that determine land use and allocation. There should be structured and formalised consultations between the ministry responsible for lands and other government ministries, and agencies that determine land use and allocation.

Mr Speaker, I thank you.

Hon. Opposition Members: Hear, hear!

Brig-Gen. Dr. Chituwo (Mumbwa): Mr Speaker, I would like to register my appreciation for the mover and seconder of the Motion for bringing to the fore an age-old debate on agriculture versus industry. To date, I do not think that there has been unanimity as to which one should take precedence over the other. Your Committee’s Report has ably stated that legislation relating to land use must be reviewed.

Firstly, Mr Speaker, I believe that governments are there to look after the welfare of not only the well-to-do but also to protect the marginalised, poor and weak in society. Agriculture provides about 60 per cent of the occupation in rural areas. So, the law must be such that the interests of those whose livelihood depends on the land, in this case, agriculture, are taken into account.

Mr Speaker, agriculture contributes significantly to the gross domestic product (GDP). As hon. Members of Parliament representing rural communities, we have bemoaned the poor social amenities in the rural areas and how they are yet to reach the same level as those in urban areas.

Mr Speaker, if we have to respect those whose livelihood depends on the land, that is, where agricultural activities are already on going, commercial activities should pave way for them. I would like to suggest that the most effective way to go in the consultative process is public hearings so that the communities participate in deciding the proposed development. It is obvious, in this case, that the advertisement was not seen. How many people can afford to buy newspaper? Perhaps, the radio was going to be a more effective tool. So, this is a clear demonstration of what might be happening in our country with regard to agriculture versus the development of industries. This is food for thought for the Executive. Since we represent the people, we must look after their needs and benefits in such a balanced manner that there is a win-win situation.

Mr Speaker, if this community were to continue conducting agricultural activities, there would be sustainability in land use. The more than one thousand people in this area by the purchase of services contribute to the revenue that the Government so much needs through the purchase of services. They also contribute to the education sector. So, their agricultural activities are a long-term investment for our country. However, who benefits from the cement producing plant? The beneficiaries are the investors, that is, the company that is managing the cement producing plant and the Government. It should be noted that the benefits from the setting up the cement producing plant will not accrue to the local people only, but will be spread around the country, leaving very little for the local people. So, it is important that the consultative process is extended as I have suggested.

Mr Speaker, I would also like to talk about the inter-ministerial consultative process that has been referred to by the seconder of the Motion. Where you have land for agricultural use and where you have land for industrial use, surely, there must be some connectivity or convergence so that the policy direction of the Government can be seen. If the people have been as disadvantaged as has been stated in Your Committee’s Report that the agricultural industry is likely to suffer, then, they should be considered for compensation because they have invested in that area. Preference has been given to the extractive industry whose life span is limited. What will happen when there is no limestone to mine? There will only be big holes remaining there in the ground ...

Mr Chipungu: Yes!

Brig-Gen. Dr. Chituwo: ... and the agriculture sector, which is the livelihood of the people, would have been grossly affected.

Mr Speaker, this must be a learning point. Industries like agriculture and fisheries, that are the livelihood for the larger population of Zambia, must take precedence over some investments although they contribute to the development of the country.

Hon. Ng’onga: Hear, hear!

Brig-Gen. Dr. Chituwo: Mr Speaker, I thank you for giving me this opportunity and I support your Committee’s Report.

I thank you, Sir.

Mr Kazabu (Nkana): Mr Speaker, firstly, let me commend the mover and seconder of the Motion on the Floor of the House for the manner in which they have moved the Motion.

Mr Speaker, from the outset, let me state that investments, both in agriculture and industrial mining, are important to the development of our country. However, the question that should be asked is: Can the two co-exist within a limited radius like we have read from your Committee’s Report where the planned cement-manufacturing plant will be situated very close to an already established community that is engaged in various agricultural activities.

Mr Speaker, as I read the report of your Committee, I experienced some shock because I could not imagine for one moment that the powers that be, that is, the authorities that were involved in the process of scrutinising and approving this project, could have done what they did because it is not possible to have an industrial mining activity very close to agricultural activities. So, I have struggled to try to put my finger on the justification for the approval of the project. To this moment, I have not found the justification.

Mr Speaker, on pages 3 and 4 of your Committee’s Report, there are comparative benefits between the cement plant to be established and the agricultural activities which have gone on over the years. We learn, from this report, that the members of the community in Makeni West have contributed immensely to the commercial activities by producing a variety of food stuffs. They are involved in crop farming and rearing of livestock. In fact, the report has informed us that the estimated population for cattle in the area is 1000.

Therefore, Mr Speaker, one wonders how livestock is expected to survive and increase in numbers with the mining activities that are to be established. In my view, this is a non-starter. We cannot have both running concurrently in the same area and in that short radius your Committee’s Report has revealed that the cement plant will have adverse effects on the health of the people who live in that area, the livestock that is reared in that area and the crops farmed in the area.

Sir, let me give the example of what happens in some towns on the Copperbelt. In some parts of Kitwe or Mufulira, for example, and Kankoyo in particular, no vegetation grows there. The reason is simply the air pollution that emanates from the mining activities. There is a lot of sulphur dioxide in the air. The roofs with corrugated iron sheets are corroded.

Similarly, Mr Speaker, if there will be no intervention, the establishment of the cement plant is going to have devastating effects on the community in the area and the activities which are carried out at the moment. The mining and crushing of limestone to produce cement will produce so much dust that the air in the atmosphere will be populated. So, we risk endangering the lives of people and livestock in the area.

Mr Speaker, from your Committee’s Report, I have also learnt that the water will also be polluted. I am struggling to understand the underlying thinking of the authorities, namely the Zambia Environment Management Agency (ZEME) and the Ministries of Local Government and Housing, and Mines, Energy and Water Development because they should have known what will follow when the operations of the plant start. Food production and income generation will be affected, and jobs will also be lost.

Mr Speaker, I do not think that this is the way to go. Besides, have we not agreed, as a nation, that we should now place a high premium on agriculture as opposed to mining? The reason is simple. Mining is not sustainable for a long period. When the limestone reserves have run out, the plant would have to close. On the other hand, the agricultural activities in the area are sustainable. According to your Committee’s Report, poultry farming contributes significantly to the economy of our country and employment creation. Eighty thousand direct and indirect jobs is not a joke.

Mr Speaker, I am of the view that the intervention by the Head of State, which is being sought through your Committee’s Report, should be made urgently so that we protect the lives of people in this community and protect their various sources of income generation which income they use to sustain themselves.

Mr Speaker, I was simply adding to what the hon. Members who spoke before me said. As I conclude, I would like to appeal to the House of the representatives of the people to do the right thing by supporting the report of your Committee. We are here today, but will not be there tomorrow. What shall we bequeath to the future generations? So, let us do that which will grow our economy and invariably develop our country. In short, let us be on the right side of the argument.

Mr Speaker, I thank you.

Mr Mucheleka (Lubansenshi): Mr Speaker, I thank you for giving me the opportunity to contribute to the debate on your Committee’s Report.

Mr Speaker, I will also begin by commending the mover and seconder of the Motion. May I also commend the community of Makeni West for petitioning Parliament to look into this important issue.

Mr Speaker, as the earlier debaters have said, at the level where we have reached as a country, we need both agricultural and industrial activities. What is important is to create a balance.

Mr Speaker, the people of Makeni West have occupied this piece of land for a long time until industrial interests crept in, and a decision had to be made in terms of what was to be prioritised.  We have been talking about diversification of the economy from mining to other economic activities. Agriculture has been identified as one such important activity that we can diversify into, especially that the majority of people in rural and peri-urban areas are subsistent. If we are to provide a sustainable livelihood for people in rural and peri-urban areas, then, agriculture is the way to go. In this country, we have relegated agriculture to a part time activity. We have not given it due political support. This is why, when a choice had to be made between farming and mining like was the case in this matter, obviously, the choice was mining. You have to look at the interest of our people.

Sir, this issue is not confined to Makeni West. It also concerns the interests of the majority of our people in the rural areas. In Sub-Saharan Africa, we have been grappling with the challenges of land grabbing. Investors come in with capital or foreign direct investment (FDI). Of course, the FDI is required, but how are they investing it? Most of them want to go into mining activities, as the case has been in Makeni West. This investment has been made at the expense of our people who have had to lose their land. Perhaps, your Committee should have looked at that aspect as well. I believe that we should be talking about it as well. Was there any form of compensation for the people who were displaced from their land to pave way for the mining activities? This is a clear case of displacement.

Mr Speaker, the issue brings to the fore the lack of a land policy in this country. For almost fifteen years or so, we have not been able to come up with a land policy. If there was a land policy in place, it would have guided us on how issues of land use should be managed. Determining how to deal with this issue would have been very straightforward.

Mr Speaker, I have looked at the issues that your Committee has raised. Your Committee has made a number of important observations and recommendations. It brought out the issue of lack of consultation among different the stakeholders or Government agencies. This is clearly as a result of lack of a land policy. If the policy was in place, it would have been guided us on how to arrive at a decision that would have protected the interest of the smallholder farmers.

Mr Speaker, the only asset that most poor people in Zambia have is land. This is why we must be very careful when dealing with issues of land. The only heritage that the people of Zambia have is land. The poor people need protection. Your Committee’s Report has shown that institutions of the State are also largely biased against the poor people. There is no justice. We should have been talking about how best we can protect the interest of the people. We should have supported them by finding an alternative piece of land for the mining activities, as opposed to displacing them. The challenge that this issue brings out is: how are we, as a country, going to prioritise agriculture? Agriculture should occupy a special place in our economic activities. For a long time, issues of agriculture have been subjected to politicking and rhetoric. By now, we should have put in place a land policy that will support agriculture activities and protect the interest of the different users of land in order to demonstrate how important we view agriculture.  This should start with this House. For instance, have we given sufficient resources to the agriculture sector? Funding to the agriculture sector is negligible. Consequently, when we are faced with a challenge such as this one, we give preference to industrial activities. If you carry out an economic benefit analysis, you may find that, in the long term, it would have been more beneficial to support the people of Makeni West by giving them incentives to use the land in order to create wealth that will enable them to pay direct and indirect taxes to the Government.

Mr Speaker, this is an important report. We should, therefore, seriously look at the recommendations therein. We should also look at how best we can balance industrial and agricultural activities.

Mr Speaker, this case should be an eye opener not only to the people of Makeni West, but also the whole country. We should use it to see how we can prioritise agriculture and protect the interest of people engaged in farming.

Mr Speaker, I support your Committee’s recommendations.

I thank you, Sir.

The Minister of Commerce, Trade and Industry (Mrs Mwanakatwe): Mr Speaker, from the outset, I would like to thank your Committee for the excellent job of articulating the merits and demerits of agriculture vis-à-vis industrial activities. Your Committee has raised thought-provoking issues.

Sir, the report of your Committee is on a case in Makeni West which dates back to 2007. The area was originally designated for agricultural activities. The community has evolved significantly over the years. Your Committee has really done justice to the issue and has raised many issues, including the effects of pollution, ground water contamination, noise and ground vibration, and many others. Your Committee has also talked about the Dairy Association of Zambia to further elaborate the potential effects of Nasla Cement Limited undertaking cement production in this area.

Mr Speaker, I would like to thank your Committee for all the recommendations and assure it that the Government is going to take them on board. I would also like to confirm that Nasla Cement Limited did go through all the necessary procedures. However, it is now clear that this was not enough. More consideration for the environment should have been made when allocating Nasla the 32-hectare piece of land.  

Mr Speaker, I would like to thank you and assure your Committee and this House that we are going to look at the recommendations seriously.

I thank you, Sir.

Mr Muntanga: Mr Speaker, I would also like to thank all the hon. Members who have contributed to the debate. I am grateful to the hon. Minister of Commerce, Trade and Industry for taking note of our submissions. It has been a very difficult issue to consider and I urge all hon. Members to adopt the report.

I thank you, Sir.

Question put and agreed to.

_____

BILLS

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the
Chair]

THE INCOME TAX (Amendment) BILL, 2015

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

Title agreed to.

_____

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bill was reported to the House as having passed through Committee without amendments:

The Income Tax (Amendment) Bill, 2015

Third Reading on Tuesday, 28th July, 2015.

REPORT STAGE

The Local Authorities Superannuation (Amendment) Bill, 2015

Report adopted.

Third Reading on Tuesday, 28th July, 2015.

_____

MOTION

ADJOURNMENT

The Minister of Transport, Works, Supply and Communication, Chief Whip, and Acting Leader of Government Business in the House (Mr Mukanga): Mr Speaker, I beg to move that the House do now adjourn.

Question put and agreed to.

______

The House adjourned at 1233 hours until 1430 hours on Tuesday, 28th July, 2015.