Debates - Thursday, 11th February, 2016

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Thursday, 11th February, 2016

The House met at 1430 hours 

[MR SPEAKER in the Chair]

NATIONAL ANTHEM 

PRAYER

__________

MINISTERIAL STATEMENTS

OUTBREAK OF ZIKA VIRUS

The Minister of Health (Dr Kasonde): Mr Speaker, I thank you for granting me the opportunity to update the House and, through you, the public, on the topical issue of the outbreak of the zika virus in some South American countries.

Sir, zika virus is a mosquito-borne virus transmitted to people through the bite of an infected mosquito from the Aedes Genus, mainly Aedes Aegypti in tropical regions. This is the same mosquito that transmits yellow fever, dengue and chikungunya.

Mr Speaker, zika virus was first identified in Uganda in 1947 in monkeys and was, subsequently, identified in humans in 1952 in Uganda and in the United Republic of Tanzania. Like the yellow fever virus, zika virus also circulates in monkeys which function as reservoirs. The current zika virus outbreak in South America is the most widespread in the history of zika outbreaks.

Sir, the outbreak began in April, 2015, in Brazil. It then spread to other countries in South America, Central America and the Caribbean. There has also been a rise in the number of children born with microcephaly, that is small heads associated with under developed brains. To date, over 4,500 new born babies are thought to be affected by this virus in Brazil alone.

Mr Speaker, in January, 2016, the World Health Organisation (WHO) announced that the virus was likely to spread throughout the majority of the Americas by the end of the year. On 1st  February, 2016, WHO declared the zika virus outbreak a public health emergency of international concern. Until the beginning of the current outbreak, there have been a number of zika outbreaks among humans, but with no known fatalities or serious adverse effects. 

     Signs and Symptoms 

Sir, the incubation period, that is, the time from exposure to development of symptoms of the zika virus, is not clear, but is likely to be a few days. Symptoms include fever, skin rashes, conjunctivitis, muscle and joint pains and headaches. These symptoms are usually mild and last for two to seven days.

   Transmission

Mr Speaker, the zika virus occurs in tropical areas with large mosquito populations and is known to circulate in Africa, the Americas, Southern Asia and Western Pacific. Considering the wide distribution of this type of mosquito, all the countries in the African region are at risk of zika virus transmission. This risk is potentially increased by the on-going zika virus disease outbreaks in other countries in the world. In the African region, Cape Verde has recorded an outbreak with over 7,000 cases since October, 2015. Recently, one case was reported in the United States of America, raising the possibility of the transmission of the virus through sex. The case had no history of travel to any of the affected countries, but the partner had travelled to one of the affected countries.

    Diagnosis 

Sir, the zika virus is diagnosed by polymerase chain reaction (PCR), through the detection of antibodies to zika and virus isolation from blood samples.

Treatment 

Mr Speaker, there is no specific treatment or vaccine available. It is only supportive therapies which are available. The best form of prevention is protection against mosquito bites. Mosquitoes and their breeding sites pose a significant risk factor for the zika virus infection. Prevention and control rely on reducing mosquitoes through source reduction by removal and modification of breeding sites and reducing contact between mosquitoes and people.

Measures Taken

Sir, the Ministry of Health, through the National Malaria Control Centre (NMCC), has been implementing vector control measures which include indoor residual spraying, provision of insecticide treated nets, larviciding, promotion of use of repellants and burying of breeding sites. 

Mr Speaker, to prevent the zika virus transmission, the general public is being encouraged to do the following:

(a)    when travelling to the affected countries, ensure that you are protected from mosquito bites;

(b)    accept and allow your homes to be sprayed under the Indoor Residual Spraying Program for Malaria;

(c)    use repellants where possible to avoid mosquito and other insect bites;

(d)    sleep under insecticide treated mosquito net;

(e)    women of a reproductive age are particularly encouraged to observe and follow instructions on how to prevent mosquito bites; and

(f)    all new born babies must be examined by the health officials for any abnormalities.

Travel

Mr Speaker, there is no restriction on travel to and from the affected countries. Travellers going to zika transmission areas must seek professional advice on the potential risks and appropriate measures to reduce the possibility of exposure to mosquito bites. The Ministry of Health is strengthening surveillance of public health emergencies in view of many global threats and outbreaks. 

  Sir, to protect people from the zika disease, the Ministry of Health will implement the following:

(a)    step up surveillance activities by screening at points of entry, conduct active case finding detection and referral including community based case surveillance;

(b)    educate the public about the risks associated with the zika virus and encourage them to take every precaution against mosquito bites;   

(c)    continue to implement vector control measures through the NMCP like indoor residual spraying, controlling of mosquito breeding sites, use of  insecticide treated nets (ITNs). A lot of this is being done under the NMCP already;

(d)    enhance laboratory confirmation procedures by procuring reagents to detect all arboviruses;

(e)    ensure adequate case management in health facilities;

(f)    monitor pregnant women for detection of microcephaly and neurological complications.
Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Speaker: Hon. Members are now free to ask questions on points of clarification on the statement just given by the hon. Minister of Health.

Ms Namugala (Mafinga): Mr Speaker, in his statement, the hon. Minister has informed us that zika is transmitted through mosquito bites. We have also heard that it could also be sexually transmitted. I think he needs to expand on the issue of its being sexually transmitted. If you just went to Garden and Chipata compounds, you would find that those two areas are breeding places for mosquitoes. How much money has the Government put aside for vector control measures? We all know that the virus is a threat to the people of Zambia, especially those who live in the areas which I have talked about. 

Dr Kasonde: Mr Speaker, I am most grateful to the hon. Member for raising two important issues, which are the question of the virus being transmitted sexually and the control of breeding sites. Based on the current findings, it is true that the virus can be transmitted sexually. There are two people who have been reported of having been infected with the disease that way. We must continue to monitor the situation and evaluate all the evidence which keeps coming up before we can positively say that sexual transmission is a major concern.  

Sir, with regard to the control of breeding sites in Lusaka, I agree that it is an important measure. I can confirm that we have already been carrying out some of virus control activities. The question then is: Do we need new initiatives, methodologies and applications to address the very patent point of zika? We have been controlling the breeding of mosquitoes which transmit malaria. There is no difference in controlling measures for malaria and zika. Our approach is to investigate what is being done at mosquito breeding sites. It would be helpful if we had more money for the purpose. 

I thank you, Sir.

Mr Konga (Chavuma): Mr Speaker, zika was detected in humans in Uganda in 1952. Have we had any cases of zika recorded in Zambia and, if so, where?

Dr Kasonde: Mr Speaker, yes, it was recorded in Uganda in 1952. We also have evidence that at some point, it must have passed through Zambia. Upon hearing about the occurrence of this disease, we went back to the areas which are likely to have the same mosquitoes which transmit yellow fever, to check if there was any evidence at all that this virus had been there. These areas are mainly in the North-Western Province and part of the Western Province because of being close to Angola. We know that as of today, there is yellow fever in Angola. Therefore, presumably, mosquitoes might cross the border with that virus. That is why we have put up intervention measures in those areas. We collected blood from a large sample of people in the said areas to test them for the zika virus. We found out that there is no active virus in the people in the mentioned areas at present. Therefore, Zambians should feel safe by knowing that as of today, this virus is not in Zambia.

I thank you, Sir.

Prof. Lungwangwa (Nalikwanda): Mr Speaker, in his statement, the hon. Minister has indicated that there has been a period of dormancy of this vector with respect to human beings. It was first discovered among monkeys in 1952 and associated with humans in 1947 in Uganda and Tanzania. Now, there is an emergency across the world. This clearly is a challenge to the scientific community in the medical field. Are there any steps being taken by the scientific community to address the underlining causes of the outbreak of the zika. What could be the underlining cause of this? Could it be for example, climatic changes which we are now facing or some other underlining cause from dormancy to activate interaction with human beings?

Dr Kasonde: Mr Speaker, I thank the hon. Member for drawing my attention to the scientific aspects of the issue.

Sir, I just want to point out just one minor correction. In fact, the virus was identified in monkeys in 1947 and in humans in 1053. Why is it that a long period elapsed before the transmission of the epidemic became an emergency? Other than during the present moment, the virus has been identified in a very limited quantity from time to time in some people to the point that it did not cause anxiety. We are now suddenly faced with an epidemic to the extent that thousands of children have been affected. It is, therefore, legitimate to ask whether there is something that triggers the virus to become active after it has been dormant for some time. There are many theories which surround the transmission of the disease. The correct answer at this stage is that we do not know what has triggered the current outbreak of the disease. Scientists are, therefore, called upon to dig into this issue. I suppose that it is going to be an exciting era for scientific research.

 I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, I wish to thank the hon. Minister of Health for the statement which has drawn our attention to yet, again, the outbreak of another dangerous disease.

Sir, at first, I was going to ask whether it is a bacterium, parasite or a virus, but as the hon. Minister was responding, I realised that zika is a virus. This has made me very worried because if it is a bacterium, at least, we could easily get some antibiotics and if it was a parasite, again, we could easily find something to deal with it. I would like to find out from the hon. Minister whether there has been any research which we could now probably fall on for treatment from the time the zika virus was identified in humans. Is there any kind of vaccine which we could rely on to prevent the infection from invading our bodies?

 Dr Kasonde: Sir, although a long period has elapsed between its discovery and today, I regret to say that no treatment or vaccine has been developed against this virus. It could be that, maybe, during this period, it did not cause the anxiety that it is causing today. It could also be that during this period, the geographical location of the disease meant that those who are in high levels of science have not been involved.  I do not know the actual reasons for there not being a vaccine.

Mr Speaker, I thank you.

Mr Muntanga (Kalomo Central): Mr Speaker, the problem is the mosquitoes. Years back, Prof. Goma did some research on different types of mosquitoes. We were told that there were studies being carried out to breed certain mosquitoes which did not carry the bacteria against malaria or any other diseases. Since the hon. Minister is in that profession, is he in a position to tell us how far the ministry has gone to understand this problem and what is being done to eradicate the mosquitoes?

 Dr Kasonde: Mr Speaker, I would like to thank the hon. Member for reminding me about Prof. Goma, a person we all knew about and was well respected, as he worked at the University of Zambia (UNZA). Yes, he was part of the research movement against malaria though the Tropical Diseases Research Centre which has done a lot of research that we rely on today for the treatment of malaria.

Sir, it seems that we are closer to identifying the changes in the malaria parasite and to effectively developing a vaccine. For malaria, we already have treatment which we just have to improve upon. This is not the case with the zika virus. Like the hon. Member for Luena was saying, we are dealing with a virus and not a parasite. Experience has shown that viruses have been incredibly difficult to treat although there have been successes in as far as vaccines are concerned. That is the difference which might explain why we are so much closer in the case of malaria than we are to the treatment of the zika virus.

I thank your Sir.

Mr Mtolo (Chipata Central): Mr Speaker, …   

Mr Mwiimbu: On a point of order, Sir.

 Mr Speaker: A point of order is raised.

Mr Mwiimbu: Mr Speaker, I would like to thank you for according me this opportunity to raise this point of order arising from Article 101 of the amended Constitution as read with Article 128 of the amended Constitution of Zambia.

Sir, we are all aware that pursuant to Article 128 of the Constitution of Zambia Amendment Act, the jurisdiction to interpret and hear matters that hinge on the Constitution of Zambia is vested in the Constitutional Court. We are also aware that the Electoral Commission of Zambia (ECZ) has made pronouncements pertaining to the nomination of those who are going to contest the 2016 Presidential Elections. We are also aware that under Article 101, if there is any dispute arising from the nominations, the competent court of jurisdiction is the Constitutional Court.

Mr Speaker, we are also aware that the Constitutional Court has been not constituted as per the requirement of the Constitution of Zambia Amendment Act. It is in that light that I would like to raise a point of order on Her Honour the Vice-President and Minister of Development Planning whether she is in order to remain quiet without informing us about the measures the Government of the Republic of Zambia has taken to ensure that the people of Zambia enjoy the provisions of the current amended Constitution of Zambia. If that is not done, we are going to have a Constitution crisis in this country. 

I need your serious ruling. 

Mr Lufuma: Hear, hear!

Mr Speaker: My ruling is that as Head of the Legislature, I have been in contact the Head of the Executive. I can assure you that measures are being put in place to answer those concerns.

  Mr Mtolo: Mr Speaker, we were informed by the hon. Minister of Health that babies who are affected by the zika virus are born with small heads. Are there any mental deficiencies or other defects which affect adults who have the zika virus? I am worried because there are so many mosquitoes in Chipata and I hope the hon. Minister will help us eradicate those mosquitoes.

Dr Kasonde: Mr Speaker, yes, Chipata is infested with mosquitoes. I do not know why that is the case.

Laughter

Dr Kasonde: Sir, there are efforts which are being made to eradicate mosquitoes in respect to efforts to fight malaria. Now that there is an outbreak of the zika virus at global level, we definitely intend to apply as much energy as possible to eradicate mosquitoes in Chipata and other areas in the Eastern Province.

Sir, the hon. Member raised the need for my ministry to protect the people of Chipata from the zika virus and also inquired whether babies born with the zika virus have other neurological problems other than having small heads. Let me address the latter important issue. Microcephaly goes with the underdevelopment of the brain. Thus, there is already a problem with the brain at the time when a child is born with a small head. That is a serious neurological defect. There is a suggestion that it is not the only defect. However, there is no evidence so far to identify other defects. The assurance I can give is that scientists are focused not only on identifying microcephaly defects, but also other possible neurological complications.

I thank you, Sir.

Bishop Lt-Gen. Shikapwasha (Keembe): Mr Speaker, there are many movements of people all over this country, in the region and, indeed, from abroad. What measures has the ministry put in place to detect this disease in people entering Zambia?

Dr Kasonde: Mr Speaker, I said that in terms of travel, there is no need to control traffic between countries in Africa. All we do is advise that when a person travels in a country which has been hit by the zika virus such as Mexico and Brazil, he or she should take extra caution to prevent mosquito bites. We have tools of surveillance which we use from time to time to test a sample of people in specific areas of Zambia. With regard to the Ebola virus, whenever we notice a person has symptoms related to the illness, we get them tested for the virus. That is the approach we shall take even with the zika virus.

I thank you, Sir.

BREAKDOWN OF PUBLIC ORDER AT SIMON MWANSA KAPWEPWE INTERNATIONAL AIRPORT, CHOMA TOWN CENTRE AND THE MOVEMENT FOR MULTI-PARTY SECRETARIAT IN LUSAKA

The Minister of Home Affairs (Mr Mwila): Mr Speaker, I thank you for giving me this opportunity to issue a ministerial statement on the point of order raised by Hon. Gary Nkombo, …

Hon. UPND Members: Hear, hear!

Mr Mwila: … Member of Parliament for Mazabuka Central Constituency. The point of order was basically on the breakdown of public order which occurred at the Simon Mwansa Kapwepwe International Airport on 23rd January, 2016, Choma Town Centre on 26th January, 2016, and the Movement for Multi-party Democracy (MMD) Secretariat in Lusaka on 8th February, 2016.

Sir, to put my statement in context, let me deal with each of these incidents one by one.

The Simon Mwansa Kapwepwe International Airport Incident

Mr Speaker, on 23rd January, 2016, the Police Command on the Copperbelt received a report from the Simon Mwansa Kapwepwe International Airport that a group of suspected Patriotic Front (PF) supporters was at the airport on a mission to prevent Mr Miles Sampa from disembarking from a Proflight aeroplane registration number 9J-PJY, which was scheduled to land at the airport at 1230 hours. The Zambia Police Command mobilised officers and dispatched them to the airport to reinforce the officers who were there in order to ensure that law and order was maintained. Upon arrival at the airport, the police found that the aeroplane had already landed, but was parked on the runway. They also found that some suspected PF supporters had forced their way onto the apron to prevent Mr Miles Sampa and his entourage from disembarking. The police officers immediately secured the aeroplane and escorted passengers to the arrivals hall, …

Hon. UPND Members: Hear, hear!

Mr Mwila: … while Mr Miles Sampa decided to remain on the aeroplane and returned back to Lusaka. Prior to the arrival of the reinforcements, two security guards who had tried to stop the suspected PF supporters from getting onto the apron were assaulted. The confusion which followed only ended when the police reinforcements arrived. Dockets were opened and investigations instituted. Five suspects have been warned and cautioned pending further investigations.

The Choma incident

Sir, on Tuesday, 26th January, 2016, between 0900 hours and 2300 hours, suspected members of the United Party for National Development (UPND) disrupted traffic, while waiting for their party president, Mr Hakainde Hichilema …

Mr Muntanga: For the country.

Mr Mwila: Which country?

Mr Muntanga: Zambia.

Mr Speaker: Hon. Minister, please ignore those comments. Hon. Members, let us avoid this kind of misconduct.

Mr Mwila: … who was scheduled to hold an indoor meeting the following day at Choma Sports Club. They blocked the main road and threatened motorists who refused to flash the UPND party symbol.

Mr Speaker, the police moved in to control the situation. However, the suspected members of the UPND refused to co-operate with the police. The situation deteriorated when the suspected UPND supporters started to throw stones at the police and motorists. This forced the police to use the anti-riot smoke grenades to disperse the unruly crowd and restore order in the town centre. During the operations, two Zambia Police (ZP) and three private motor vehicles were damaged. The police apprehended twenty-one suspects. Eleven of those suspects were charged with conduct likely to cause a breach of peace. The suspects were released upon payment of the admission of guilt fines. Ten suspects were charged with riotous behaviour and were released on police bond, and have since appeared in court.

Sir, the police did not shoot any citizen during the Choma riots of 26th January, 2016, as alleged by Hon. Gary Nkombo. Mr Benson Sibwaya, who has been identified as a victim, does not have a bullet wound. This is according to the medical experts who have attended to Mr Sibwaya.

Mr Speaker, let me now address the issues pertaining to the incident that happened in Lusaka. On Friday, 8th February, 2016, Woodlands Police Station received a report to the effect that two factions of the Movement for Multi-Party Democracy (MMD) had clashed at the MMD Secretariat. By the time the police reached the MMD Secretariat, they found that the window panes for the building housing the secretariat had been damaged as well as five motor vehicles which were parked at the premises. The police restored order and apprehended four suspects who have since been charged with malicious damage to property.

Sir, let me conclude by observing that in all the three incidents of the breakdown of public order, there has been no compliance with the provisions of the Public Order Act. Failure to conduct political activities within the confines of the law will no longer be tolerated. I, therefore, appeal to all political players to promote the rule of law and peace in our country. We must all commit to peaceful co-existence in words and deeds.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Speaker: Hon. Members are now free to ask questions on points of clarification on the statement given by the hon. Minister of Home Affairs.

Ms Imenda: Mr Speaker, I thank the hon. Minister for that statement. The hon. Minister has just said that in the Ndola incident, the suspects, ...

Mr Muchima: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Muchima: Mr Speaker, I thank you for allowing me to raise this point of order. I apologise to my sister for interrupting her debate. My point of order is about the discontinuation of the voter registration exercise by the Electoral Commission of Zambia (ECZ).

Sir, last year, this House was informed that Luapula, the North-Western and Copperbelt provinces had been placed under Phase III of the voter registration exercise. This House as well as the nation, was assured that the exercise would be undertaken in March, 2016, for a period of two weeks. To our surprise, the ECZ has issued conflicting statements regarding the exercise. One statement was saying the exercise would be carried out in February and another that it would be done in March. Two days ago, the ECZ announced that the voter registration exercise would not continue because the Government had not funded it.

Mr Speaker, the people in the three provinces were very comfortable with the statement that was issued in Parliament regarding the exercise, and so, they have been waiting for it to be continued. The decision by the ECZ to discontinue the exercise at the eleventh hour has left the people in these provinces, together with hon. Members of Parliament, confused because they do not know what to do next. Is Her Honour the Vice-President and Minister of Development Planning in order to keep quiet on this important matter, which is supposed to make us aware of what is happening regarding this important exercise in the three provinces? Is she in order to remain quiet and not enlighten the hon. Members of Parliament and the public at large about the way forward regarding the voter registration exercise?

Sir, I seek your ruling.

Mr Speaker: Break her silence by filing in a question.

Hon. Government Members: Hear, hear!

Mr Speaker: For the subsistence of this session, I want this statement to be disposed of smoothly because I need to follow the questions and answers very closely. So, during this period, I am not allowing points of order.

Ms Imenda: Mr Speaker, before the point of order was raised, I was saying three sites of violent incidents have been mentioned. In the Copperbelt incident, the suspected cadres involved are from the Patriotic Front (PF) while in the Southern Province, in particular, Choma, the incident involved suspected cadres from the United Party for National Development (UPND) and in the Lusaka incident, the suspected cadres are from the Movement for Multi-Party Democracy (MMD). I will not say much about the MMD suspected cadres because by the time the police arrived at the scene, there was nobody except for the damage that had been caused. I also do not think anybody was arrested.

Sir, in the Ndola incident, the suspected culprits who have been apprehended by the law enforcement agencies have not been charged. Instead, the police have said that they are investigating those suspects. However, in the Choma incident, the suspected culprits have been charged and made to pay – what do you call it, bond?

Mr Livune: Admission of Guilt fines.

Ms Imenda: Sir, the suspected cadres have been made to pay something to show that they are guilty. Why is there that inconsistence in the treatment of the cadres?

Mr Mwila: Mr Speaker, I said that in the Choma incident, suspected UPND cadres were arrested and charged, while others had been taken to court. In the Ndola issue, what I said was that some suspected PF cadres were arrested, warned and cautioned. What that means is that they have been charged.

Interruptions

Mr Speaker: Order!

Mr Mwila: Sir, that is the information that I have. More suspects are being summoned for interrogations. I want to inform this House that as Minister in charge, I have intervened in this matter to ensure that all those who were involved in the riots are brought to book.

Mr Speaker, I thank you.

Mr Livune (Katombola): Mr Speaker, as regards the Choma incident, the hon. Minister referred to Mr Benson Sibwaya. This man is my colleague and a fellow evangelist.

Laughter

Hon. Government Members: Question.

Sir, I am at pains to hear the hon. Minister talking about my fellow evangelist in the manner he has described the situation. When I went to see him in hospital, I was accompanied by Hon. Belemu. Can the hon. Minister tell Hon. Belemu and I what took my fellow evangelist to Choma Hospital. Since the hon. Minister refuses to acknowledge that the man was shot at, what caused him to bleed?

 Mr Mwila: Mr Speaker, Mr Sibwaya was injured and bled because of being involved in a riot. 

Interruptions

Mr Mwila: That is the truth. He was not shot at by the police. However, if the hon. Member of Parliament for Katombola has evidence contrary to the information we have, he can bring it forward. 

I thank you, Mr Speaker.

Interruptions

Mr Speaker: Order! Order!

Mrs Masebo (Chongwe): Mr Speaker, the general perception at the moment, among a number of our citizens, is that the Zambia Police Force is an extension of the Patriotic Front (PF) Government, …

Interruptions

Mrs Masebo: … sorry, the perception is that the police officers are PF cadres. We often hear the Zambia Police Force being referred to as a PF wing. This is worrying and not good for anyone in this country. When citizens begin to lose confidence in the police, it means trouble for the whole country. I am sure everyone has seen even children undressing and disarming the police in public. That is not good and is dangerous for a country that is heading towards general elections. What is the hon. Minister doing to ensure that public confidence in the police is restored? 

Mr Mwila: Mr Speaker, maybe, it is the hon. Member of Parliament for Chongwe who has lost confidence in the police. The police command is independent and does not get instructions from us. I gave a specific example of the Ndola incident. As the hon. Minister in charge of Home Affairs, I have intervened to ensure that all the culprits are brought to book.

I thank you, Sir.

Mr Ntundu (Gwembe): Sir, Mr Sibwaya was not part of the fracas in Choma. Did the hon. Minister bother to find out how he came to be a victim because we are told that he was just a passerby? Did he bother to find out …

Interruptions 

Mr Speaker: Are you through?

Mr Ntundu: Sir, I am not through, but someone is …

Mr Speaker: If you are doing business with the people who are seated, I will not allow you to continue with your contribution.

Mr Ntundu: Sir, I am doing business with the hon. Minister.

Mr Speaker: Then continue with your question.

Mr Ntundu: I want to know whether the hon. Minister bothered to find out more about how Mr Sibwaya was injured in a fracas that he was not party to.

Mr Mwila: Mr Speaker, I have indicated on the Floor of the House that Mr Sibwaya was involved in the riot.

Mr Livune: Question!

Mr Mwila: That is why he sustained that injury.

I thank you, Sir.

Mr Sing’ombe (Dundumwezi): Mr Speaker, I was just about 10 m away from where Mr Benson Sibwaya was hit by whatever was used. What I know is that a gun was used because I am the one who picked him up and took him to the hospital. The man is seventy-four years old and was using a walking stick to cross the road from a certain residential area to his home. If we brought documents from the hospital to prove that the man was shot at by the police, would the hon. Minister deny that point?

Mr Mwila: Mr Speaker, let him bring the documents and we will look at them.

Thank you, Sir.

Mr Pande (Kasempa): Mr Speaker, my concern is with the Simon Mwansa Kapwepwe Airport incident. I am worried because never before have people been allowed to crowd an airport apron anywhere in the world. However, I am glad to hear that the hon. Minister has taken personal interest in following up the matter. 

Sir, the media showed truckloads of people going to the airport, but only five or so were captured by the police. What happened to the other people that were in the trucks? Did they leave before the police could arrest them? 

Mr Mwila: Mr Speaker, I actually want to inform this House that our police intelligence did not do a good job concerning this matter. If a good job was done, those cadres were not going to be allowed to enter the airport because we were going to reinforce our police officers in advance. We have to improve on the security situation at the airport.

I thank you, Mr Speaker.

Mr Konga: Mr Speaker, I commend the hon. Minister for the statement. The incidents in Ndola, Choma and Lusaka all involved political party cadres. Images of the incidents were broadcast on television and even on social media. People from different parts of the world saw the images. Some diplomats in this country even commented on some of these incidents. This is, of course, denting the image of the country. Is someone within the police command going to accept responsibility and resign or the hon. Minister himself is going to take responsibility?

Mr Mwila: Mr Speaker, we cannot take that responsibility. These incidents involved party cadres. We have said that the leadership of political parties must educate cadres on refraining from violent activities. The members of the MMD and UPND must all put their houses in order so that in future, we do not have such incidents.

I thank you, Mr Speaker.

Mr Mbewe (Chadiza): Mr Speaker, six months before Zambia goes for general elections, violence has become the order of the day. What plans is the hon. Minister putting in place to protect ordinary people from political violence and guarantee that peace will prevail during elections?

Mr Mwila: Mr Speaker, I want to assure the hon. Member of Parliament for Chadiza that the coming elections will be very peaceful. I do not want to disclose everything we are doing, especially with those who are in charge of the police, to prepare for the elections. We are training the officers on how to handle the type of violence which we are talking about. We are also meeting the various stakeholders, such as political party leaders, to ensure that we have a peaceful election. Further, we are procuring various equipment for police officers, so that if the hon. Member of Parliament for Chadiza is involved in violence, the police can handle him.

I thank you, Mr Speaker.

Mr Chilangwa (Kawambwa): Mr Speaker, following the action taken by the police in all the three incidents, can the hon. Minister categorically tell the nation and the world that Zambia is very peaceful and that all these minor incidents …

Hon. Opposition Members: Ah!

Mr Chilangwa: … should not deter anybody from coming to Zambia or feeling unsafe for their life or property and that all is well?

Hon. Government Members: Hear, hear!

Mr Mwila: Mr Speaker, our role as a ministry is to maintain law and order. I want to assure this House and the nation that those who are in charge of the police are ready to handle any situation during elections. We are going to have peaceful elections.

I thank you, Mr Speaker.

Mr Muntanga: Mr Speaker, sitting here and listening to the hon. Minster of Home Affairs reminds me of the answers that were being given when he was incarcerated in Kitwe together with the hon. Member seated next to him. There was a direct question from the hon. Member for Chongwe on the people’s loss of confidence. Can the hon. Minister explain to me why the police are able to act swiftly when it is not the Patriotic Front (PF) cadres involved. In Kalomo, the police did not arrest anybody the same day the incident took place. The police only started picking up boys the following day saying, “We saw you on the camera, you were there.”

Mr Mbewe: Ah!

Mr Muntanga: Sir, in Choma, the police were swift to arrest twenty-one people. Now, the person who was in Lusaka effecting the arrests was also in Livingstone where seventy-six United Party for National Development (UPND) members were arrested. This is the same commander who is in Ndola. The Zambia Police Force Headquarters in Ndola is not very far from the airport where two truckloads of Patriotic Front (PF) cadres went. Why did the Zambia Police Force Commander for Copperbelt Province who has been known to have been very fast to effect arrests in other areas arrest only five people in connection with what happened at the airport? Are these not the actions which are painting the police to be saving the interests of the PF and not the general public?

Mr Mwila: Mr Speaker, we should not make comparisons. I have stated that some cadres were called and interrogated in Ndola. I want to inform this House that some of the trucks which were used to ferry people to the airport have been detained at the police station in Ndola.  I think the people of Zambia have not lost confidence in the police.

Hon. Opposition Members: Ah!

Mr Mwila: Sir, whenever people want to hold a meeting, they run to the police for protection.

I thank you, Mr Speaker.

Dr Scott (Lusaka Central): Mr Speaker, I wonder if the hon. Minister will recall that we had one other incident that I can remember that involved uncontrolled people getting onto the runway and interfering with normal operations of aircrafts costing millions of dollars and carrying many human lives. That was the event when we returned from Gabon with the Africa Cup. The plane did not arrive till the afternoon, but various planes which tried to arrive earlier were approached by a crowd that was extremely elated and rowdy. If I recall, it was British Airways that ended up at the far end of the runway unable to taxi back to the airport. History shows us that the Inspector-General of the Zambia Police Force only lasted a matter of hours after that event. He was replaced. He was made to sacrifice for that public abomination.

Mr L. J. Ngoma: Hear, hear!

Dr Scott: Mr Speaker, President Sata’s view was that we cannot fall off the map of the civilised world …

Mr L. J. Ngoma: Hear, hear!

Dr Scott: … and allow standards of our country to be reduced to unacceptable levels. Can we expect any heads to roll? I mean you have already…

Hon. Opposition Members: Hear, hear!

Dr Scott; ... said that you are not going take the fall with regard to what happened. We also would not want you to do that. However, I do think that you should show the world that we have standards which should be maintained.

Mr Muntanga: Yes!

Dr Scott: Sir, we need to show that we do not just nyengelela people all the time.

Hon. Opposition Members: Hear, hear!

Mr Speaker: What do you mean by that? I have lost you, hon. Member for Lusaka Central.

Dr Scott: Sir, it means moving a bit erratically round issues.

Laughter

Mr Mwila: Mr Speaker, the incidents in question should be of concern to all of us. Since they affect all of us, as leaders who are in charge, we should all have observed that the Police Command, especially the intelligence wing did not do a good job. That is the more reason we have reinforced the officers at the airport to ensure that similar incidents do not occur in future.

Secondly, Sir, the Police Command has just been changed. On the Copperbelt, the Commissioner of Police is Miss Charity Katanga. That is where we are.

I thank you, Mr Speaker.

Mr Kasonso (Solwezi West): Mr Speaker, I am concerned that it had to take the hon. Minister of Home Affairs to intervene in the Ndola saga for the matter to be addressed. When this House and Cabinet is dissolved, there will be nobody to intervene in such matters.

Mr Belemu: Hear, hear!

Mr Kambwili: Question!

Laughter

Mr Kasonso: Sir, after that, Permanent Secretaries will take over the running of ministries. Now, with people having no confidence in the police, what will be the situation when the hon. Minister is no longer at the helm of the ministry?

Mr Kambwili: Read the Constitution.

Mr Mwila: Mr Speaker, I need to be guided, Article 116 is very clear …

Hon. Government Members laughed.

Mr Mwila: … that after the dissolution of Parliament, hon. Ministers shall continue to function.

Hon. Government Members: Hear, hear!

Mr Mwila: So, I will be in charge up to the elections.

I thank you, Sir.

Laughter 

Mr L. J. Ngoma (Sinda): Mr Speaker, I would like to thank the hon. Minister of Home Affairs who appears to be very sober as he answers these questions.

Mr Muntanga laughed.

Mr L. J. Ngoma: Sir, there is proof that the members of the Patriotic Front (PF) are very violent and in some cases, even murder people.

Hon. Opposition Members: Hear, hear!

Mr L. J. Ngoma: Sir, for the information of the House and in relation to this question, the Professional Assistant for the Member of Parliament in Sinda was abducted and threatened with death by PF cadres.

Hon. Opposition Members: Ha!

Mr Muntanga: They are criminals.

Mr L. J. Ngoma: Mr Speaker, in Mtendere, a member of the United Party for National Development (UPND), Grazier Matapa, was killed and the court found PF members guilty of murder and sentenced them to hang. This is proof that the PF is violent and murderous. 

Hon. UPND Members: Hear, hear!

Mr L. J Ngoma: Mr Speaker, with such proof, I would like to find out from the hon. Minister of Home Affairs as far as the Ndola incident is concerned …

Ms Kalima: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Ms Kalima: Mr Speaker, listening to the hon. Member, …

Mr Speaker: Hon. Member for Kasenengwa, I made a ruling earlier on. I do not know whether you were present. If you were not present, I wish to make it known to you that during the subsistence of this sitting, I will not allow points of order …

Hon. UPND Members: Hear, hear!

Hon. Opposition Member: Long live Chair!

Mr Speaker: … so that we are not distracted.

The hon. Member for Sinda may continue.

Mr L. J. Ngoma: Mr Speaker, I thank you for your protection. People get jolted when they hear terms such as violence and murder. Whether or not one supports the Government, one should accept that violence is bad for this country. 

Hon. UPND Members: Hear, hear!

Mr L. J. Ngoma: Mr Speaker, one hon. Member stated that the Ndola incident is actually on camera and the evidence is overwhelming. I would like to find out from the hon. Minister of Home Affairs why he continuously refers to the culprits as ‘alleged PF cardres’ when they are PF members?

Mr Speaker: As we begin to wind down, those who are coming forth should avoid long winding and totally unnecessary prefaces. Points of clarification are just that. For instance, the question by the hon. Member for Sinda would have been raised in a minute or two because everything else he said before does not even tie-up, if you rewind. There is no connection between the preface and the question.

The hon. Minister of Home Affairs may answer.

Mr Mwila: Mr Speaker, the Sinda incident has not been reported to the police.

Mr L. J. Ngoma: You are lying!

Mr Speaker: Hon. Member for Sinda, can you leave the Chamber. We will see you tomorrow. You can follow the response outside.

Hon. Government Members: Hear, hear!

Mr L. J. Ngoma left the Assembly Chamber.

Hon. UPND Members walked out of the Assembly Chamber.

Interruptions

Mr Mwila: Mr Speaker, I have stated before that let us not point fingers at political parties. We should work together to find a solution to the issue of violence which is at hand. 

Mr Speaker, I thank you.

Professor Lungwangwa: Mr Speaker, the Ndola incident is a disgrace and an international embarrassment to the country.

 Sir, Zambia is a member of the International Civil Aviation Organisation (ICAO). One of the concerns of ICAO is security and safety at airports. The international community is very concerned about what happened and, by the way, the ban on Zambia by the European Union (EU) is still active due to factors that include our safety standards at airports. 

Sir, I would like the hon. Minister to tell me what convincing  measures  he has taken to secure our airports and ensure that they are protected so that the international community can, once again, have a little bit of confidence in them as places which are safe and secure?

Mr Mwila: Mr Speaker, measures have been taken to ensure that what happened last month does not recur. One of the measures that we have put in place is the re-inforcement of the number of officers who are stationed at the airport. 

Mr Speaker, I thank you.

Mr Speaker called on the hon. Member for Choma Central.

Mr Speaker: Has the hon. Member for Choma Central abandoned his role?

Laughter 

Mr Mutelo (Lukulu West): Mr Speaker, just yesterday, there was an issue between the Patriotic Front (PF) cadres and the police at the Kenneth Kaunda International Airport (KKIA). In Mulobezi, a District Education Board Secretary (DEDS) was beaten up by the PF police. Who is stronger and controls the security situation in the Ministry of Home Affairs? Is it the PF police and cadres or the State police?

Mr Mwila: Mr Speaker, I am not aware of the issue in Mulobezi. However, I was present yesterday at KKIA. Nothing of a rowdy nature happened. I would like to tell the hon. Member of Parliament that there were a lot of people who received the President as he came back from the trip he undertook to France and Italy. He was overwhelmingly welcomed by Lusaka residents. 

Mr Speaker, I thank you.

Bishop Lt-Gen. Shikapwasha: Mr Speaker, the country is going towards elections and we see all these issues about the Patriotic Front (PF) cadres. As a senior member of the PF, is he aware of any measures to ensure that the party is taken away from the route of violence?

Mr Mwila: Mr Speaker, I said that we have taken steps, such as the meeting of the leadership from all political parties, to ensure that we do not have violent activities during elections. The leaders should be able to talk to their cadres to refrain from violence.

Mr Speaker, I thank you.

___________

QUESTIONS FOR ORAL ANSWER

CONSTRUCTION OF LUWINGU/NSOMBO/CHABA ROAD

257. Mr Mwamba (Lubansenshi) asked the Minister of Works and Supply:

(a)    when the construction of Luwingu/Nsombo/Chaba Road would commence;

(b)    what the name of the contractor for the project was;

(c)    what the cost of the project was; and 

(d)    what the timeframe for completing the project was.

The Deputy Minister of Works and Supply (Dr Mwali): Mr Speaker, the construction of the Luwingu/Nsombo/Chaba Road will start within the first quarter of this year.

Mr Speaker, this road project has been divided into three lots as follows:  

(a)    the contractor for Lot I is Messrs Buildcon Investment Limited;

(b)    the contract for Lot II is yet to be awarded. The procurement process will be concluded before the end of February, 2016; and 

(c)    the contractor for Lot III is Messrs Mota Engil Engenharia

Sir, the cost of Lot I is K282,394,736, while that of Lot III is K499,554,331. The cost for Lot II is yet to be advised. 

Mr Speaker, the duration for all the three projects is twenty-four months. 

I thank you, Sir. 

ZAMBIAN OWNED COMPANIES IMPORTING CRUDE OIL

258. Mr Sichula (Nakonde) asked the Minister of Energy and Water Development:

(a)    how many Zambian owned companies were involved in the importation of crude oil as of 31st December, 2014; and 

(b)    what the names of the companies were. 

The Deputy Minister of Energy and Water Development (Mr Zulu): Mr Speaker, there were no Zambian owned companies that were involved in the importation of crude oil as of 31st December, 2014. 

I thank you, Sir. 

Mr Mbewe (Chadiza): Mr Speaker, may I find out why Zambian companies were not involved in the importation of crude oil during the stated time. 

Mr Chilangwa: On a point of order, Sir. 

Mr Speaker: Order!

A point of order is raised. 

Mr Chilangwa: Mr Speaker, I thank you for allowing me to raise this very serious point of order. 

Sir, during last year’s sitting, you guided this House very well. You said that it is not right for us, leaders to, continue obtaining money by what was termed as false pretences, by walking out of the House, but still being paid our allowances. We must work for our money like everybody else.

Hon. Government Members: Hear, hear! 

Mr Chilangwa: Mr Speaker, the people who have continued with the practice of walking out of the House are the ones who cry the loudest when their allowances are delayed. 

Sir, are the hon. Members of Parliament from the United Party for National Development (UPND) in order to continue walking out of this House after the ruling which you made? 

Mr Speaker, I seek your serious ruling on this matter. 

Hon. Government Members: Hear, hear!

Mr Speaker: Order!

Well, yes, indeed, I did make rulings last year relating to the conduct at hand. There were two issues, which I raised in the last meeting. One of those issues was about those who come through, register, and then go outside. It is rather premature for me to conclude whether this is the case at hand. Of course, time will tell. In another ruling, I also said that boycotts are part of the parliamentary life. I went further and said regrettably, that when such decisions are made, the electorate are denied representation. So, all these constituencies, whose hon. Members have walked out of the House, as far as this business is concerned, are unrepresented for the time being. That is the unfortunate spectre of that decision. As much as it is accepted in our parliamentary life to walk out of the House, I urge hon. Members to carefully calibrate their decisions. The history of this incident, is very clear. I will not withhold myself from applying disciplinary measures when a situation warrants it. Whether there are sympathisers or not, to those who are indiscipline, I will still enforce discipline, and I will not relent. That is my position. 

The hon. Member for Chadiza may continue. 

Mr Mbewe: Mr Speaker, I want to find out from the hon. Minister why Zambian companies did not participate in importing crude oil during the stated period. 

Mr Zulu: Mr Speaker, it is simply because Zambian companies did not bid for the importation of crude oil. Only foreign companies did so. 

I thank you, Sir. 

Ms Namugala (Mafinga): Mr Speaker, is the Government not concerned about the non-participation of Zambian companies in the supply of crude oil, especially that the Government is the buyer of this oil? The Government spends a lot of foreign exchange to procure crude oil, and this is contributing to the depreciation of the local currency. Is the Government not concerned about this? If it is concerned, what is it doing to ensure that the Zambian businesses participate in the supply of crude oil?  

Mr Zulu: Mr Speaker, the Government is concerned about the lack of participation by Zambian companies in the importation of crude oil. The problem Zambian companies face is lack of capacity. Importation of crude oil involves huge sums of money, which Zambian companies do not have. The Government advertises the supply of crude oil, but if Zambian companies do not bid to supply it, what can we do? As to what the Government is doing to ensure that Zambian companies participate in the importation of crude oil, I think we have to engage with the local companies so that we can find a way forward. They should come to our offices, just as you have been coming, Hon. Namugala, so that we discuss the way forward.

 I thank you, Sir. 

Ms Imenda (Luena): Mr Speaker, the hon. Deputy Minister has admitted that Zambian companies lack the capacity to participate in such important bids. I am aware that South Africa has a deliberate policy to empower South Africans. What is the Government doing to try to build capacity for Zambian companies so that they can participate in this very important undertaking? 

Mr Zulu: Mr Speaker, like I said earlier, we are engaging with local companies. Hon. Namugala has been to our office on several occasions trying to find ways on how we can ensure that Zambian companies also take part in this process. Zambian companies should come to the ministry so that together, we can find ways to enable them to participate in this process. 

I thank you Sir. 

WATER PROBLEM AT SAMFYA SECONDARY SCHOOL

261. Mr Kasandwe (Bangweulu) asked the Minister of General Education:

(a)    when the water problem at Samfya Secondary School in Samfya District would be resolved; and

(b)    why it had taken long to resolve the problem. 

The Deputy Minister of General Education (Mr Mabumba): Mr Speaker, the ministry intends to rehabilitate the water reticulation system at Samfya Secondary School this year. Currently, the pupils are using two hand pumps which we acknowledge are not adequate. 

Mr Speaker, it has taken long to resolve the issue due to inadequate resources in the ministry, given the many divergent challenges that we have in terms of the completion of the construction of the schools which we are constructing.  

I thank you, Sir. 

AUDITING OF CDF PROJECTS IN KWACHA PARLIAMENTARY CONSTITUENCY

263. Mr Mutale (Kwacha) asked the Minister of Local Government and Housing:

(a)    how many times the Constituency Development Fund (CDF) projects in Kwacha Parliamentary Constituency had been audited, from 2011 to 2014;

(b)    what the findings of the audits were; and

(c)    what action, if any, had been taken against those found wanting.

The Deputy Minister of Local Government and Housing (Mr Kafwaya): Mr Speaker, the Constituency Development Fund (CDF) projects in Kwacha Parliamentary Constituency have been audited by the Office of the Auditor-General four times during the period 2011 to 2014. 

Sir, the main audit findings were in respect of unspent funds, which were carried forward for long periods of time, and poor project management. The implementing management has been directed to improve project management and ensure the timely implementation of projects to avoid the carryover of funds. 

Mr Speaker, I thank you. 

SHARES OWNED BY INDIGENOUS ZAMBIANS

264. Mr Mbewe asked the Minister of Commerce, Trade and Industry how many shares, in percentage terms, were owned by indigenous Zambians as of November, 2015, in the following companies: 

(a)    Large Zambia Plc;

(b)    Dangote Cement Limited;

(c)    Zambia Sugar Plc; and

(d)    Zambia National Commercial Bank Plc.

The Deputy Minister of Commerce, Trade and Industry (Mr Mpundu): Mr Speaker, as of November, 2015, indigenous Zambians owned shares as follows: 

(a)    Lafarge Cement Zambia Plc

4 percent of the shares were owned by Zambians while 12 per cent of the shares were owned by pension houses resident in Zambia. 

(b)    Dangote Cement Limited

The company operates under two company names. As such, the percentage of shares held by Zambians in each of the companies is as follows: 

(i)    Dangote Quarries Zambia Limited where 25.5 per cent of shares were owned by Zambians; and 

(ii)     Dangote Industries Zambia Limited where 37.5 per cent of shares were owned by Zambians.

(c)    Zambia Sugar Plc

1.43 per cent of the shares were owned by Zambian citizens while 22 per cent of the shares were owned by pension houses resident in Zambia.

(d)    Zambia National Commercial Bank (ZANACO) Plc

2.02 per cent of shares were owned by Zambians while 21.63 per cent of shares are owned by pension houses resident in Zambia. 

Mr Speaker, I wish to indicate that under our laws, there is no such categorisation as ‘indigenous Zambian’. Records of share ownership are, therefore, kept on the basis of nationality.

I thank you, Sir. 

Mr Mbewe: Mr Speaker, I would like to find out from the hon. Deputy Minister what incentives are being put in place to ensure that indigenous Zambians get more shares in the companies in question. 

Mr Mpundu: Mr Speaker, firstly, there is a waiver on withholding tax on dividends, meaning that there is no tax paid on this. Also, there is no property transfer tax the moment shares are transferred. Finally, there are no capital taxes when the shares gain better prices and one decides to dispose of them. 

I thank you, Sir. 

CONSUMPTION OF ELECTRICITY BY MINING COMPANIES

265. Mrs Masebo (Chongwe) asked the Minister of Energy and Water Development:

(a)    whether there was a reduction in the consumption of electricity by the mining companies in 2015, compared to the previous years; and

(b)    if so, by how much.

Mr Zulu: Mr Speaker, there was a reduction in the consumption of electricity by some of the mining companies in 2015 while some companies increased consumption. The increase in consumption by some mining companies was due to expansion programmes. Expansions included the construction of smelting facilities and the development of new mines such as Kalumbila Mine, which when in full production, will be Zambia’s largest mine. 

Sir, the House may also wish to note that the mines that increased consumption are not receiving their full power requirement. The following companies and mines reduced consumption in 2015:

(a)    Copperbelt Energy Company (CEC);
 
(b)    First Quantum Mine; 

(c)    Lafarge Cement Zambia Plc; 

(d)    Albidon Mine; and

(e)    Nampundwe Mine. 

Sir, the following firms increased consumption:

(a)    Kansanshi Mine;

(b)    Lumwana Mine; 

(c)    Chambishi Mine and

(d)     Kalumbila Mine. 

As stated above, Sir, there was a reduction in the consumption of electricity by some of the mining companies in 2015 while some companies increased consumption.

I thank you, Sir. 

Mrs Masebo: Mr Speaker, I would like to find out from the hon. Minister if he is in a position to tell us why there was a reduction in the consumption of electricity by the mentioned companies. 

Mr Zulu: Mr Speaker, in September, we started importing power. When we started experiencing the deficit, we wrote to all mining companies to help the Zambia Electricity Supply Corporation (ZESCO) by reducing the consumption of electricity. Some of them accepted while some, because of the expansion programmes, still maintained their consumption. 

I thank you, Sir. 

Mr Mtolo (Chipata Central): Mr Speaker, arising from the able answer by the hon. Minister, are the mines being asked to pay cost-reflective tariffs, especially now that we are importing power? 

Mr Zulu: Mr Speaker, the mines have not started paying cost reflective tariffs yet. We are still negotiating with them. We increased the tariffs to about 10.12 per kilowatt hour.

I thank you, Sir.

Ms Namugala: Mr Speaker, we are aware that the Government is paying a premium for imported power. We also know that mining companies are the major beneficiaries of this power. Are the mining companies meeting the cost of the power which we are importing? Further, is the Government going to continue to subsidize the mining companies at the same rate?

Mr Speaker: I will allow the hon. Minister to respond because a question has been put to him, but I would also want to seize this opportunity just to inform the House that we are exacting a statement from the hon. Minister, sooner than later.

I thank you, Sir.

The Minister of Works and Supply (Mr Mukanga): Mr Speaker, the hon. Minister will give a ministerial statement on the issues associated with the question which has been asked by Hon. Namugala. I may pre-empt what the hon. Minister will say if I try to give an answer. All I can say is that the Government is looking into ways to get mining houses to pay premium tariffs.

I thank you, Sir.

Mr Speaker: In my office, yesterday or the day before, if you noted, I expressed my concern as well. I want this matter to be put to rest properly by the hon. Minister.

Mr Muchima (Ikeleng’i): Mr Speaker, using the principle of supply and demand, since the demand is higher than the supply at the moment, is the Government able to supply more power to companies like Kalumbila if they are willing to buy it at any price? 

Mr Mukanga: Mr Speaker, the hon. Deputy Minister in his answer indicated that some mines have been supplied more power. We are able to give them more if they need it.

I thank you, Sir. 

KASANKA HEALTH POST

266.    Mr Kasandwe asked the Minister of Health:

(a)    whether the Government had any plans to upgrade Kasanka Health Post in Bangweulu Parliamentary Constituency to a Rural Health Centre;

(b)    if so, when the plans would be implemented; and 

(c)    if there were no such plans, why.

The Deputy Minister of Health (Dr Chilufya): Mr Speaker, Kasanka Health Centre already operates as a rural health centre. As a matter of fact, we have added a laboratory there and positioned an ambulance and more human resources so it operates as a zonal rural health facility.

I thank you, Sir. 

Mr Mtolo: Mr Speaker, it is gratifying to hear that personnel and other resources have been taken to the hospital. Do we have nurses whom we can deploy to areas that do not have any? For instance, Chipata needs a lot of nurses. Rural centers were opened, but they do not have nurses.

Dr Chilufya: Mr Speaker, we have been given Treasury authority to recruit nurses and we have started the recruitment process. Nurses will be deployed according to need and Chipata will definitely be considered.

I thank you, Sir.

__________

MOTIONS

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUITNISE THE PRESIDENTIAL APPOINTMENT OF HON. MR JUSTICE CHARLES KAJIMANGA AND MR MICHAEL MUSONDA, SC., TO SERVE AS SUPREME COURT JUDGES AND HON. DR JUSTICE WINNIE SITHOLE MWENDA, MRS IRENE INONGE ZEKO MBEWE, MRS MERCY KAPUKA MAKUBALO, MRS PENJENI LONGWE LAMBA AND MR DANCEWELL MWAPE BOWA TO SERVE AS HIGH COURT JUDGES

Mr Chipungu (Rufunsa): Mr Speaker, I beg to move that this House do adopt the Report of the Parliamentary Select Committee ….

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.

[MR SPEAKER in the Chair]

Mr Chipungu: Mr Speaker, I beg to move that this House do adopt the Report of the Parliamentary Select Committee appointed to scrutinise the Presidential appointment of Hon. Mr Justice Charles Kajimanga and Mr Michael Musonda, SC, to serve as Supreme Court Judges and Hon. Dr Justice Winnie Sithole Mwenda, Mrs Irene Inonge Zeko Mbewe, Mrs Mercy Kapuka Makubalo, Mrs Penjani Longwe Lamba and Mr Dancewell Mwape Bowa to serve as High Court Judges, for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 8th February, 2016. 

Mr Speaker: Is the Motion seconded?

Mr Mutale (Kwacha): Mr Speaker, I beg to second the Motion.

Mr Chipungu: Mr Speaker, the appointment of the Supreme and High Court Judges are made pursuant to Article 140 of the Constitution which states:

“the President shall, on recommendation of the Judicial Service Commission and subject to the ratification by the National Assembly, appoint the 

(a)    Chief Justice;

(b)    Deputy Chief Justice; and

(c)    President of the Constitutional Court;

(d)    Deputy President of the Constitutional Court;

(e)    Other Judges.”

Mr Speaker, allow me to state that in carrying out this onerous task, your Committee recognised from the outset, the cardinal role played by the Judiciary in the dispensation of justice and the overall governance process and, more importantly, the attendant impact of the dysfunctional Judiciary on the society. With this recognition, your Committee set out to ensure that the persons appointed to serve as Supreme Court and High Court Judges should be qualified, competent and with unquestionable integrity, both on and off the bench. 

Sir, in addition, your Committee sought to be satisfied that the persons to be appointed to the Bench should be committed and ready to contribute to the speedy dispensation of justice as the issue of delaying the conclusion of the cases is one of the biggest challenges of the Judiciary today. With the foregoing concerns in mind, your Committee carefully selected the witnesses to assist it in scrutinising the suitability of each nominee. The witnesses submitted to your Committee, both oral and written evidence. In addition, your Committee carefully studied the curricula vitae (CVs) of each nominee and, thereafter, interviewed each one of them. 

Mr Speaker, your Committee established that all the nominees possessed the required qualifications prescribed in the Constitution for one to be appointed Supreme or High Court Judge, as the case may be. It was also established that the conduct of the nominees, both in their official and private lives, was above board. The submissions from the State security agencies indicated that there were no adverse security traces against any of the nominees. In addition, submissions from the other stakeholders were also in support of all the nominees, suitability to occupy the position of High or Supreme Court Judge. 

Mr Speaker, allow me now to briefly outline the findings of your Committee on each of the nominees.

Hon. Mr Justice Charles Kajimanga

Mr Speaker, your Committee noted that the nominee had been serving as a Judge of the High Court since 2002. He is highly competent and has distinguished himself at the Bench …

Interruptions

Mr Speaker: Order, on the right.

Mr Chipungu: … as a very firm and independent Judge who pays sufficient attention to detail and stands for what he believes is right. However, your Committee, being aware that the nominee had been suspended on allegations of misconduct, interrogated some witnesses. 

Sir, your Committee learnt with satisfaction that the nominee should not have been suspended in the first place as the procedure prescribed in the Constitution for dealing with an erring Judge had not been followed. In addition, your Committee was informed that only two complaints had, so far, been lodged to the Judicial Complaints Authority (JCA) against the nominee. On the first complaint, a litigant was dissatisfied with the nominee’s judgment. The complaint was dismissed as the authority has no mandate to review court decisions. The second complaint which was related to alleged case fixing was withdrawn. Your Committee, in this regard, found nothing inhibiting and supports the nominee’s appointment to serve as Supreme Court Judge. 

Mr Michael Musonda, SC.

Mr Speaker, your Committee noted that the nominee was highly competent and had distinguished himself at the Bar from 1987, when he was admitted. He has held various positions in the leadership structure of the Law Association of Zambia (LAZ), including that of President. The nominee has made vast contributions to the development of law in Zambia and hence, was honoured in the conferment of the rank and status of State Counsel (SC). Your Committee further learnt that although the nominee had not previously led any judicial office, he has been Chairperson of the Lands Tribunal and the Road Service Appeals Tribunal where he has carried out quasi-judicial functions. 

Sir, in addition, the nominee possesses long experience of teaching at an institution of legal training, the experience which brings with it a scholarly dimension which would have a positive impact on the quality of dispensation of justice in the Supreme Court, if his nomination is ratified. Furthermore, the nominee has appeared before the Supreme Court of Zambia on a number of occasions and argued some cases which dealt with major principles of law. Your Committee, in this regard, supports the nominee’s appointment to serve as a Supreme Court Judge.

Hon. Dr Justice Winnie Sithole Mwenda

Mr Speaker, your Committee noted that the nominee was currently serving as Deputy Chairperson of the Industrial Relations Court, where she was appointed in February, 2014. During her tenure, the nominee has distinguished herself in the discharge of judicial functions to the satisfaction of most lawyers and litigants, who have appeared before her. She too, is suitable to serve as a High Court Judge and your Committee has no hesitation in recommending her to serve on the Bench.

Mrs Irene Inonge Zeko Mbewe

Mr Speaker, your Committee observed that the nominee had held various positions as a legal practitioner, both in public and private practice and has distinguished herself in the practice of law. She possesses sufficient court practice experience in criminal and civil litigation. In addition, the nominee has an admirable proficiency in negotiating and drafting local and international agreements. Your Committee is of the view that she is suitably qualified for appointment to the position of Judge of the High Court of Zambia.

Hon. Mrs Mercy Kapuka Makubalo

Mr Speaker, your Committee learnt that the nominee had been serving as Deputy Registrar of the High Court since 2012. Your Committee was informed that as a Deputy Registrar, the nominee had discharged judicial functions such as attending to interlocutory proceedings which required settlement prior to the trial of actions before Judges of the High Court. She had discharged her judicial functions to the satisfaction of most lawyers and litigants who had appeared before her.

Sir, your Committee further learnt that prior to the her appointment as Deputy Registrar, the nominee had held several senior positions at magistrate level in various locations where she had presided over and supervised magistrate courts. This exposure had equipped her with the competence and experience that is required for one to perform judicial functions in the High Court. This notwithstanding, your Committee learnt that the Judicial Complaints Authority (JCA) had received three complaints against the nominee. The first complaint related to dissatisfaction with the nominee’s judgment, while the second related to alleged bias and ex parte communication. The third complaint was about an alleged delay in signing a writ of fiery facias.

Sir, on enquiring further, your Committee was informed that the first complaint was dismissed as the JCA has no mandate to review court decisions. The second complaint was investigated and the result did not find any wrongdoing on the part of the nominee and consequently, she was cleared. With regard to the third complaint, the preliminary investigations attributed wrongdoing to court registry staff who had misplaced the case record on, at least, three occasions. It is highly unlikely that the final outcome will alter this position.

Mr Speaker, in view of the foregoing, your Committee supports her nomination to the position of Judge of the High Court and recommends that the House ratifies her appointment. 

Hon. Mrs Penjani Longwe Lamba

Mr Speaker, your Committee was informed that the nominee joined the Judiciary in 2002. In 2007, she was appointed resident magistrate at Kitwe. As magistrate, the nominee had distinguished herself in the discharge of judicial functions to the satisfaction of most lawyers and litigants who had appeared before her. In this regard, your Committee supports the nominee’s appointment to serve as High Court Judge.

Mr Dancewell Mwape Bowa

Sir, your Committee was informed that the nominee had held various positions in Government, where he had distinguished himself in the practice of the law. He had acquired sufficient proficiency in the investigation and prosecution of serious commercial crimes. He possesses sufficient court practice as he had not only worked as Chief Legal and Prosecutions Officer for the Anti-Corruption Commission (ACC), but also as Liaison Officer in  the Office of the Director of the Public Prosecutions (DPP) and other Government institutions involved in prosecuting matters in the criminal justice system. Your Committee was informed that the nominee, if ratified, would bring professionalism and specialisation to the Bench. In this regard, your Committee supports the nominee’s appointment to the position of High Court Judge.

Sir, in conclusion, your Committee did not find any information against the suitability of any of the nominees to be appointed to their respective positions. 

Mr Speaker, your Committee wishes to commend the appointing authority for coming up with a well balanced team of nominees in terms of gender, diverse backgrounds and a wide range of work experience. 

Sir, finally, your Committee wishes to express its profound gratitude for the services rendered to it by your Office, Sir, and the Office of the Clerk of the National Assembly. Above all, the members wish to express their appreciation particularly to you, Mr Speaker, for appointing them to serve on this Select Committee. Your Committee is equally grateful to all the witnesses that appeared before it and provided valuable information which assisted it in making informed decisions. It is now my pleasure to call upon this House, especially Hon. Mufalali, to ratify the appointments before it.  

Mr Speaker, I beg to move.

 Hon. Members: Hear, hear!

Mr Livune: Question!

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

Mr Mutale: Now, Sir.

Mr Mutale: Mr Speaker, I thank you for according me the opportunity to second this important Motion before the House.

Sir, the mover of the Motion has sufficiently addressed the grounds upon which your Committee …

Mr Nkombo: On a point of order, Sir.

Mr Speaker: It is not permissible.

Interruptions

Mr Speaker: Order!

The point of order is not permissible.  May the hon. Member for Kwacha continue, please.

Mr Mutale: Mr Speaker, let me repeat what I stated earlier. The mover of the Motion has sufficiently addressed the grounds upon which your Committee supports the ratification of all the nominees. I shall, therefore, be brief in seconding the Motion on the Floor of the House.

Sir, I want to begin by stating that your Committee thoroughly interrogated the witnesses as well as the nominees upon considering the information that was before it. Your Committee found that all the nominees are suitably qualified to serve in the positions they have been appointed.

Secondly, Mr Speaker, I wish to applaud the unanimity of the witnesses in supporting the appointment of the nominees. This was an indication of the public’s confidence in the ability of the nominees to discharge their functions as Supreme Court and High Court Judges. This is as it should be.

Sir, furthermore, I wish to praise the Government for listening to the concerns of your previous Select Committees in ensuring gender parity in appointments to public office. As you can observe from the list of the nominees, the majority are female. In fact, of the five appointees for the position of High Court Judge, only one is male. This is a positive development as it increases the number of women in decision-making positions and is a clear sign of the Government’s commitment to gender equity and equality.

Mr Livune: Question!

Hon. Government Members: Hear, hear!

Mr Mutale: Mr Speaker, additionally, it is commendable that the appointees are persons who are either career adjudicators who have worked their way up the ranks or have extensive experience in the Public Service. This is an encouragement to other adjudicators and public servants who carry out their duties with diligence, loyalty and are hardworking.

Finally, Sir, it is without doubt that the diversity of specialisations of the nominees will add value to the bench. As I conclude, allow me to thank the Chairperson of your Committee for the efficient, impartial and fair manner in which he presided over your Committee’s meetings and all the members of your Committee for the unity and hard work during the deliberations.

Mr Speaker, I end my speech by urging this august House to support the Motion on the Floor. 

With these few remarks, I beg to second the Motion.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Muntanga (Kalomo Central): Mr Speaker, this particular Committee …

Mr Nkombo: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Nkombo: Mr Speaker, I am sorry for the rush. I was a bit unsettled.

Sir, I want to first apologise for insisting on a point of order. At a time when I rose earlier on though, I was following the rules and regulations as stated on Page 25 of the Members’ Handbook that :

“A point of order is a question raised by a Member who believes that the rules of procedures of the House have been incorrectly applied or overlooked during the proceedings. A point of order can be raised at any time in the proceedings.”

So, I apologise.

Mr Speaker, my substantive point of order emanates from yesterday’s proceedings of the House. Although I was supposed to raise the point of order contemporaneously, I have observed that even today, the same thing happened.

Yesterday, Sir, when Hon. Jack Mwiimbu was raising a point of order on the hon. Minister of Local Government and Housing, the Minister of Information and Broadcasting, Hon. Kambwili, told him that he was just a useless lawyer. I recall that at a time Hon. Mwiimbu wanted to interject, you wisely counselled Hon. Kambwili to desist from making such running commentaries while seated.

Mr Speaker, you have also advised, many a time, that if hon. Members want to consult each other, the door is open for them to consult from outside so that peace and order remains in the House. This afternoon, on a matter that we thought would be good for the Chair not to be misunderstood regarding the ejection of the hon. Member of Parliament for Sinda, we chose to go and consult from outside while a few hon. Members remained in the House. As part of the consultations, we went to the Transcribing Room to pick the verbatim debate where you counselled Hon. Kambwili against using unpalatable language on a fellow hon. Member of Parliament, as guided by our own rules on Page 22 of the Members’ Handbook which state that an hon. Member is not supposed to:

“… make personal reference by way of making an allegation, imputing a motive to or questioning the character or reputation of any other Member of the House unless it be imperatively necessary for the purpose of the debate, being itself a manner in issue or relevant thereto.”

Sir, while we were consulting and I was in the Transcribing Room trying to get the verbatim debate, I heard the hon. Member of Parliament for Kawambwa insinuating that hon. Members of Parliament from the United Party for National Development (UPND) had walked out and yet were complaining about allowances, a matter which is untrue because none of us has complained about allowances. Going by what I have quoted, and the general rule that hon. Members are not supposed to debate one another, is the Member of Parliament for Kawambwa, Hon. Nickson Chilangwa, in order to have insinuated that we walked out, but complain about allowances and yet none of my hon. Members, speaking as Party Whip, has ever complained about allowances.

I seek your ruling, Sir.   

Hon. UPND Members: Hear, hear!

Mr Speaker: Well, that was a long winding point of order, but the essence of it is quite short. You want to find out the essence of the point of order raised by the hon. Member for Kawambwa. Basically, there were two issues. Firstly, he brought out the issue of whether the conduct of your political grouping amounted to the conduct I previously condemned, namely obtaining money by false pretences. Secondly, he also wanted to establish whether or not, I had proscribed boycotts. My ruling was clear. Firstly, I said that on the basis of the conduct, I was not able to make a conclusive determination that the conduct amounted to people seeking to obtain money by false pretences. I said that it was premature for me to do that. Further, I acknowledged the ruling I made earlier on that boycotts are part of the parliamentary corporate life. However, I also went further to indicate that they also have the unfortunate tendency of denying your constituents representation. That is exactly what happens when you withdraw from participating in the proceedings of this House. The constituents are denied representation. However, you have the liberty to do that. Today’s actions seem to have been prompted by the disciplinary action which I took against the hon. Member for Sinda Parliamentary Constituency. I cannot make any reasonable link between that and what occurred yesterday. I can only assume that the walk out or consultation, as you call it, was meant to sympathise with the hon. Member for Sinda Parliamentary Constituency. I wish to reiterate that I will not refrain from enforcing discipline whether you sympathise with those who are disciplined or not. Therefore, the hon. Member of Parliament for Kawambwa Parliamentary Constituency was perfectly in order to inquire on the effect of the rulings I made in the last meeting. 

  Please, continue, Hon. Muntanga.

Hon. Government Members: Hear, hear!

Mr Muntanga: Mr Speaker, I have listened carefully to the submissions by the Chairperson of the Parliamentary Select Committee. We are at a point where we have to ratify the appointments by the President. I have some problems with the ratification of the appointment of Hon. Justice Kajimanga because the late President Michael Sata had suspended him. I am aware that the Deputy Minister in the Vice-President’s Office at the time, who is now the Republican President, ...

Mr Nkombo: Went to Malawi.

Mr Muntanga: ... went to Malawi where we met. He is the one who went to recruit Judge Chikopa to come and probe Judge Kajimanga. By that action, President Lungu, who was Deputy Minister in the Office of the Vice-President then, showed that he was in full agreement with the thoughts of the late President. Now, he has appointed the same Judge, ... 

Mr Kampyongo: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Kampyongo: Mr Speaker, thank you for allowing me to raise this very important point of order. The hon. Member on the Floor is a very senior hon. Member of this House. He knows that debating people who cannot come and defend themselves in this House is not permissible. Hon. Muntanga is talking as if he was part of the Government entourage which went to Malawi. Is he in order to insinuate that the current Head of State, when he was Deputy Minister in the Office of the Vice-President, then, went to recruit someone to come and investigate Judge Kajimanga when he has no proof? Since Hon. Muntanga and I are part of the Parliamentary Select Committee which scrutinised these appointments which are being debated, is he in order to drag the Head of State into his debate in this manner?

Sir, I need your serious ruling.

Hon. Government Members: Hear, hear!

Mr Speaker: Hon. Members, we have the standard of not mentioning names because of what has happened now. There is now a contest of facts between the hon. Member for Kalomo Central Parliamentary Constituency and the hon. Minister of Local Government and Housing. I am unable to make a determination because I am not privy to the dispute of facts, so to speak. That is the reason we prefer to stay away from mentioning names. The hon. Member for Kalomo Central Parliamentary Constituency is entitled to debate ...

Mr Muntanga rose.

Mr Speaker: I have not finished.

Mr Muntanga resumed his seat.

Mr Speaker: ... the report. He has certain facts and information in his possession. However, for the sake of orderliness and following our standards, I think that he should avoid mentioning names. Whatever your station in life is, please, skew towards the substance of your position on the matters at hand without referring to specific names. You can still make your point without mentioning specific names.

Mr Muntanga: Mr Speaker, it is true that I was with him. He is not privy to everything I discuss with everybody.

Hon. UPND Members: Hear, hear!

Mr Muntanga: Sir, I cannot avoid mentioning Hon. Mr Justice Kajimanga’s name even if he is not here because we are discussing the ratification of his appointment by the President.

Mr Speaker: No, hon. Member, ...

Mr Muntanga: The next thing is that, ...

Mr Speaker: Excuse me, could you sit down.

Mr Muntanga resumed his seat.

Mr Speaker: Hon. Muntanga, you have misunderstood my ruling. How possibly can I stop you from debating a nominee? It is just not possible. I am referring to the collateral circumstances and the individuals associated with them. You are all free to debate the suitability of all the nominees. 

Mr Muntanga: Mr Speaker, thank you for your guidance. I just felt that I needed to mention certain facts. Perhaps, I should just say that I had a discussion with the then hon. Deputy Minister of Justice when he was in Malawi. He even told me the name of the hotel where he was staying. I have been persuaded to support the ratification of the appointment of the nominee because the person who had gone out to find someone to come and investigate the particular nominee is the one who has nominated him. Therefore, in that context, I believe that the Head of State has information to the effect that the nominee was cleared of the offences he was alleged to have committed. That is the reason I am persuaded to support the ratification of the appointment of the nominee.

Mr Livune: Hear, hear!

Mr Muntanga: Mr Speaker, what is happening has made me realise that not everything that the Head of State does is supported by his subordinates. Sometimes, the juniors support the decisions of the Head of State even when they know that they are not in the best interest of the country. In the same vein, whether we agree with the Head of State or not, we must accept the fact that he has made the appointments. Since I am privy to the reasons the Head of State travelled to Malawi when he was hon. Deputy Minister of Justice, I am persuaded to support his nominee. This particular nominee should be appointed to serve as Supreme Court Judge. The Judge has been cleared by the same people who levelled accusations against him. Who am I to doubt his competence?

Laughter

Mr Muntanga: Mr Speaker, it is on those lines that I am debating this issue, and I think that I am free to state so. There are many Judges whose appointments have been ratified by this House. I have heard about certain suspicions and complaints against those Judges, but they have not bothered me because it is normal for Judges’ decisions to be questioned by others. That is why the courts of law grant the right to appeal. Just as the Parliamentary Select Committee has stated, I do not think that the allegations or complaints can be to the extent of doubting the calibre of the people who have been nominated. 

Sir, I know that with your experience as a Judge, you are aware of the fact that every decision made by one person is bound to be questioned by another individual. The questioning of certain decisions should not tarnish the image of the person whose appointment has been brought here for scrutiny. I want to agree with your Committee that regardless of what was said about those appointed to serve as Judges, we should understand that the allegations and complaints are part of life.

Sir, with those remarks, like your Committee, I support the ratification of the people whose names are on the list before us, which I will not go through because I believe that you have read out all of them already. 

I thank you, Sir.

The Minister of Justice (Dr Simbyakula, SC.): Mr Speaker, let me begin by commending the Parliamentary Select Committee which you appointed to scrutinise the appointment of the seven nominees to the high judicial offices of Supreme Court and High Court Judges for the thorough and rigorous manner in which they conducted the scrutiny, which was ably chaired by the mover of the Motion, Hon. Chipungu. 

Sir, I personally appeared before the Committee on behalf of the appointing authority and I can testify that the Committee was firm but fair. I am certain that all the hon. Members who have read the report of the Committee will have seen from the submissions of all the stakeholders that appeared before the Committee or wrote to it that they were all unanimous in recommending all the seven nominees highly.

Mr Speaker, all the seven nominees are men and women of high integrity. They are professionals who have distinguished themselves in the offices they have hitherto held. They have served the nation with distinction and we have no doubt that they will add value and enhance the image of the Judiciary.

Sir, let me conclude by expressing my profound gratitude to the hon. Member for Kalomo Central for his debate and support and, indeed, to all the hon. Members for their unanimous support towards the appointment of the seven nominees to the high judicial offices of Supreme Court and High Court Judge.

I thank you, Mr Speaker.

Mr Chipungu: Mr Speaker, I want to thank all those who have debated on this Motion.

I thank you, Sir.

Question put and agreed to.

ADJOURNMENT

The Vice-President and Minister of Development Planning (Mrs Wina): Sir, I beg to move that the House do now adjourn.

Question put and agreed to.

_____________ 

The House adjourned at 1719 hours until 0900 hours on Friday, 12th February, 2016.

 

WRITTEN REPLIES TO QUESTIONS

CONSTRUCTION OF A BRIDGE ON MUMBEZHI RIVER

259. Mr Kasonso (Solwezi West) asked the Minister of Works and Supply:

(a)    when the construction of a bridge across Mwembezhi River on Mukumbi/Kalengelenge Road in Solwezi West Parliamentary Constituency would commence;

(b)    what the total cost of the project was; and 

(c)    what the time frame for completing the project was. 

The Minister of Works and Supply (Mr Mukanga): Mr Speaker, the construction of Mumbezhi Bridge will commence in April, 2016.

Sir, the estimated cost for the proposed bridge is K944,329.

Mr Speaker, the planned time frame for completing the construction of the bridge is six months. 

I thank you, Sir. 

HOLOGRAM PROJECT

260. Mr Chitafu (Kafulafuta) asked the Minister of Information and Broadcasting what the progress was in curbing piracy in the country through the hologram project.

The Minister of Information and Broadcasting (Mr Kambwili): Mr Speaker, the Government, through my ministry, has made a number of adjustments and progress in curbing piracy of audio and video works in Zambia.

Sir, a hologram is an authentication sticker that the Government, through the Ministry of Information and Broadcasting, introduced to be affixed on all audio and video products sold in Zambia in accordance with the amended Copyright and Performance Rights Act No. 25 of 2010.

Mr Speaker, among others, some notable progress made is:

(a)    Creation of the Technical Implementation Committee

The Government has operationalised the Technical Implementation Committee (TIC) to assist the Registrar of Copyright in the implementation of the Hologram Programme. The Committee has been meeting and has, so far, accredited 127 production houses and importers of audio and video products as required by the amended Copyright and Performance Rights Act No. 25 of 2010.

(b)    Raids Conducted

The Government, working with stakeholders who include the Zambia Revenue Authority (ZRA), the  council police and, indeed, the artistes, has conducted over sixty-three raids countrywide resulting in the seizure of materials without holograms worth over K3 million since 2013.

Further, a number of individuals and companies have been taken to court. Some have been convicted and fined, while others are still appearing in the courts of law for offering for sale, audio and video products without a hologram as required by the law.

The convictions include the following:

(i)    one man has been sentenced to one year six months in prison in Choma;

(ii)    in Senanga, a man was convicted and fined K8,000 for trading in audio and video works without a hologram;

(iii)    in Sesheke, five people were convicted and fined K500 each;

(iv)    in Solwezi, two people were convicted;  and 

(v)    in Kabwe, five people were convicted, while in the Eastern Province, there were four convictions, that is, one conviction in Nyimba and three in Chipata.

(c)    Inspections of Production Companies

The Government has been conducting random inspection of production houses to ensure that they adhere to the terms of the licences issued.

I thank you, Sir. 

INVASION OF EXOCTIC PLANTS IN LOCHNIVAR AND BLUE LAGOON NATIONAL PARKS

262. Mr Hamusonde (Nangoma) asked the Minister of Lands, Natural Resources and Environmental Protection:

(a)    whether the Government was aware that Lochnivar and Blue Lagoon National parks had been invaded by exotic plants such as mimosa pigra and water hyacinth;

(b)    if so, what measures the Government was taking to eradicate the exotic plants and protect the indigenous ecosystem;

(c)    when measures would be implemented; and

(d)    if no measures were being taken, why.

The Minister of Lands, Natural Resources and Environmental Protection (Ms Ngimbu): Mr Speaker, the Government is aware that Lochnivar and Blue Lagoon National parks have been invaded by exotic plants such as Mimosa Pigra and Water Hyacinth, commonly known as Kafue weed.

Sir, the measures that the Government is taking to eradicate the exotic plants and protect the indigenous ecosystem in Lochnivar and Blue Lagoon National parks and the surrounding areas include the implementation of Removing Barriers to Invasive Plant Management in Africa (RBIPMA) Project through the Zambia Environmental Management Agency (ZEMA), with support from the United Nations Environment Programme/Global Environment Facility (UNEP/GEF) co-ordination, which commenced in November, 2000, and ended in July, 2010. The project had a total cost of US$2.0 million with 50 per cent co-financing by both parties. The project’s objectives were, among others, to remove barriers to the management of invasive alien species such as the exotic Mimosa Pigra and the Lantana Camara.

Mr Speaker, in addition, the Government in 2007, released a total of K2 billion for the management of the infestation. Control activities were undertaken during the period 2008 to 2009 using chemical and manual removal and approximately 800 hectares of Mimosa was cleared manually.

Sir, it is important to note that the current legal framework, namely the Environmental Management Act No. 12 of 2011 obligates ZEMA to take appropriate measures to eradicate and prevent the further spread of the exotic plant. The Act specifically requires that the owner or occupier of premises where the exotic plant (invasive alien species) is present should notify the agency and the owner or occupier of premises should take all necessary steps to eradicate or prevent the further spread of the species. The Government will, therefore, continue to implement the provisions of the Act and continue to provide financial support to identify the sources of infestation as well as prevent and control the spread of the exotic invasive plants.

Sir, the Government will continue undertaking field assessments to ascertain the extent of the current infestation of the areas and, subsequently, the implementation of control measures.

Mr Speaker, as stated above, the Government has taken measures to prevent, control and eradicate the exotic invasive plants that have invaded the Lochnivar and Blue Lagoon National Parks and other areas in the recent past. Further, plans are underway, within the available resources, to assist ZEMA and other stakeholders continue with the monitoring and removal of the exotic invasive plants in the said areas and other parts of the country.

I thank you, Sir.