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Debates - Tuesday, 1st March, 2016
Tuesday, 1st March, 2016
The House met at 1430 hours
[MR SPEAKER in the Chair]
NATIONAL ANTHEM
PRAYER
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ANNOUNCEMENT BY MR SPEAKER
FREE EYE-SCREENING EXERCISE
Mr Speaker: I have authorised Phil Opticians Limited to conduct a four-day free eye- screening exercise for all interested hon. Members of Parliament and staff. The exercise is aimed at creating awareness about the importance of good eye care, identifying undetected or potential vision problems and referring those affected for further evaluation and treatment. The exercise will run from today, Tuesday 1st March, to Friday, 4th March, 2016, in Committee Room No. 5, here at Parliament Buildings. All interested hon. Members are urged to visit the medical specialists at their convenient time between 0900 hours and 1600 hours on each day.
I thank you.
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MINISTERIAL STATEMENTS
TRANSFORMATION OF ZAWA INTO A DEPARTMENT OF NATIONAL PARKS AND WILDLIFE
The Minister of Tourism and Arts (Ms Kapata): Mr Speaker, I thank you for according me the opportunity to issue a ministerial statement on the progress achieved in the transformation of the Zambia Wildlife Authority (ZAWA) into a Department of National Parks and Wildlife in the Ministry of Tourism and Arts.
Sir, in my policy statement to this august House in October, 2015, I indicated that the ministry was putting measures in place to facilitate the absorption of all the staff under ZAWA into the Civil Service in line with the prevailing Public Service Conditions of Service. I wish to update hon. Members on the progress achieved so far.
Mr Speaker, in a ministerial statement that I presented in March, 2015, I outlined the process of the transformation of ZAWA and the reasons that had necessitated its transformation into a Government department. In view of this, this statement focuses primarily on the progress made in the transformation of the authority into a department.
Sir, ZAWA was created pursuant to the Zambia Wildlife Act No. 12 of 1998 as part of the Public Service Reforms in line with the Government’s policy of economic liberalisation in the 1990s that were premised on efficiency in the delivery of public services. The policy entailed the hiving off of the functions of the Central Government, especially those that were deemed to be commercially viable, and giving them to semi-autonomous statutory agencies to manage.
Mr Speaker, the Zambia Wildlife Act No. 12 of 1998 was repealed by the Zambia Wildlife Act No. 14 of 2015, which provides for the winding up of the affairs of ZAWA and the establishment of the Department of National Parks and Wildlife in the Ministry of Tourism and Arts. The department has been created in order to take over from ZAWA the functions of wildlife conservation and management. The reforms entail the absorption of ZAWA staff into the new department unless an individual officer chooses to be separated from the authority.
Sir, in line with the provisions of the Act, ZAWA was transformed into a Department of National Parks and Wildlife that comprises four core sections, namely:
(a) Wildlife Conservation and Management;
(b) Legal Services;
(c) Commercial Services; and
(d) Veterinary and Research Services.
The sections will manage the main business of the department.
Mr Speaker, the approved structure has a staff establishment of 3,646 that is being filled in phases due to the austerity measures that the country has put in place.
Sir, in accordance with the Zambia Wildlife Act No. 14 of 2015, all the contractual employees had their contracts terminated on 31st December, 2015, and were paid their gratuities and terminal benefits. The ministry is in the process of transferring all the staff, who were on permanent and pensionable conditions, from ZAWA to the Department of National Parks and Wildlife.
Mr Speaker, to this effect, the ministry was granted authority by the Treasury to facilitate the transfer and redeployment of 1,752 employees.
Mr Speaker, I am pleased to inform the House that the Government, through the Public Service Commission, has so far transferred 905 employees from ZAWA to the Department of National Parks and Wildlife. I wish to further inform the House that the Public Service Commission has appointed someone to the position of Director of National Parks and Wildlife which was advertised both internally and externally.
Mr Speaker, finally, I wish to appeal to all the hon. Members of this august House and the public at large to support the measures that the Government has put in place to improve wildlife conservation and management in Zambia. The implementation of the reforms will not result in any job losses, as all the staff will be absorbed in the new department.
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 given by the hon. Minister of Tourism and Arts.
Mr Pande (Kasempa): Mr Speaker, I would like to find out where this transformation leaves the Community Resource Boards (CRBs). Now that the Zambia Wildlife Authority (ZAWA) has been transformed into a Department of National Parks and Wildlife, where do the CRBs fit in?
Ms Kapata: Mr Speaker, the CRBs have not been dissolved because the hunting concessions will run for the next fifteen years. So, the CRBs are still in existence and will be working with the new department.
I thank you, Sir.
Mr Livune (Katombola): Mr Speaker, it is against the labour laws to disadvantage employees in terms of remunerations. Has the hon. Minister had an opportunity to look at the salary structures for both the Zambia Wildlife Authority (ZAWA) and the Government to see whether there are any synergies which need to be sorted out in the event that the ZAWA salary structure is higher than that for the Government? Will the redeployment of former ZAWA employees to the Civil Service not distort the Government salary structure?
Ms Kapata: Mr Speaker, the former ZAWA employees were given an option. Some were in management positions while others were in lower positions. Some of those who were in management positions did not want to take up positions in the Civil Service because it meant that their salaries would go down. Those who were getting lower salaries opted to join the Civil Service because their salaries automatically went up.
I thank you, Sir.
Namulambe (Mpongwe): Mr Speaker, the hon. Minister talked about employees whose contracts were terminated after being paid their terminal benefits. How many were they?
Ms Kapata: Mr Speaker, I did not talk about the people who lost their jobs, but about the approved staff establishment for the new department, which is about 3,646. Out of these, the Treasury only authorised the redeployment of 1,752.
I thank you, Sir.
Mr Habeenzu (Chikankata): Mr Speaker, out of the 1,752 people whose redeployment the Treasury has given authority for, the Government has already put 900 on the payroll. When is the Government going to put the remaining 852 on the payroll?
Ms Kapata: Mr Speaker, the Public Service Commission and the Public Service Management Division (PSMD) are meeting at Ndozo Lodge this afternoon to finalise the issue of the payroll. We hope that this will be concluded in the next two weeks.
I thank you, Mr Speaker.
Mr Mbewe (Chadiza): Mr Speaker, the former Zambia Wildlife Authority (ZAWA) employees have now been redeployed to the Civil Service. Why did the Government not pay them their full benefits since these are new appointments?
Ms Kapata: Mr Speaker, in my statement, I mentioned that everybody has been paid his/her gratuities and benefits. Currently, we do not owe anyone.
I thank you, Sir.
Mr Konga (Chavuma): Mr Speaker, the hon. Minister has given us the number of people whose contracts were terminated. What was the staff complement at the Zambia Wildlife Authority (ZAWA) at the time of dissolution?
Ms Kapata: Mr Speaker, I might not have the correct number of employees of ZAWA. However, in my statement, I mentioned that the approved staff establishment was about 3,646. Out of these, we have been given authority to employ 1,752. This is an on-going exercise which will be carried out in phases until we reach the staff establishment of 3,646. If the hon. Member wishes to know the staff establishment of ZAWA, I can always come back to the House to provide that information.
I thank you, Sir.
Mr Simuusa (Nchanga): Mr Speaker, does the hon. Minister know whether or not the employees are happy with the policy shift? Are they happy to work in an authority or department?
Ms Kapata: Mr Speaker, before the dissolution of the Zambia Wildlife Authority (ZAWA), we had meetings with the employees and, honestly speaking, they were very happy to see ZAWA reverted to a department in the Ministry of Tourism and Arts.
I thank you, Mr Speaker.
Brig-Gen. Dr Chituwo (Mumbwa): Mr Speaker, village scouts are an important component of wildlife protection. Could the hon. Minister clarify whether the department will continue funding community resource boards (CRBs) so that they can, in turn, pay the village scouts? I also want to find out when the village scouts will be paid, considering that they carry out an important function.
Ms Kapata: Mr Speaker, the CRBs are there to stay. I am sure the hon. Member is aware that 45 per cent of whatever revenue the department will generate from wildlife activities will go to the CRBs. If there is a chief in that area, he/she will get 5 per cent and the department will get 50 per cent. As long as we are able to pay the CRBs, the village scouts will also be paid.
Sir, I would like to give Hon. Brig-Gen. Dr Chituwo a bonus answer. When we employ, we give priority to the village scouts before we can consider people from outside.
Mr Speaker, I wish to inform the House that there were 2,069 employees at ZAWA as at 31st December, 2015.
I thank you, Mr Speaker.
Hon. Government Members: Hear, hear!
Mr Speaker: I have permitted the hon. Minister of Tourism and Arts to render another ministerial statement.
Hon. Members: Hear, hear!
Mr Speaker: There is a third one.
Laughter
THE KAZA UNIVISA AND ELECTRONIC VISA SYSTEM
Ms Kapata: Mr Speaker, I would like to thank you, again, for giving me the opportunity to issue a ministerial statement on what my ministry is doing in regard to the Kavango Zambezi Trans-frontier Conservation Area (KAZA TFCA) UniVisa Project.
Sir, Zambia signed the KAZA TFCA Treaty on 18th August, 2011, at the Southern African Development Community (SADC) Summit in Luanda, Angola. The five KAZA TFCA partner countries are Angola, Botswana, Namibia, Zambia and Zimbabwe. The KAZA TFCA exists primarily for the purpose of harmonising policies, strategies and practices for managing shared natural resources which straddle the international borders of the five partner countries and derive equitable socio-economic benefits through the sustainable use and development of their natural cultural heritage resources. The KAZA TFCA is also a big destination for tourists, especially those interested in viewing big wild animals such as elephants, buffalos, lions and others. However, there was a constraint in the facilitation of cross-border tourism in the KAZA TFCA in relation to entry into one member country from another member country. The requirement has been for tourists to have specific visas …
Interruptions
Mr Speaker: Order!
Ms Kapata: … for each partner country.
Sir, taking cognisance of the long-standing discussions on the SADC UniVisa since the mid-1980s, KAZA TFCA, in conjunction with development partners, suggested a less robust UniVisa Project to be piloted during the August, 2013, United Nations World Tourism Organisation (UNWTO) General Assembly Session which was co-hosted by Zambia and Zimbabwe.
Mr Speaker, after a one-year period of preparation, Zambia and Zimbabwe were selected by the KAZA TFCA partner countries to pilot the KAZA UniVisa Project. The Zambia-Zimbabwe KAZA UniVisa was launched on 28th November, 2014, and was scheduled to run for six months. It was further extended for another six months that came to an end on 31st December, 2015. The main objective of the KAZA UniVisa was to promote tourism through the use of the UniVisa System that was planned to facilitate easier and cost-effective movement for tourists between the two countries, stimulate economic and regional integration, and increased tourist arrivals in the region. The specific objects of the KAZA UniVisa are to:
(a) facilitate movement of international tourists in the region in order to increase the market share and revenue for the region;
(b) facilitate inter-regional travel for the development of tourism through easing visa restrictions; and
(c) improve the value and volume of travellers, thereby increasing downstream benefits like employment, foreign exchange earnings and so on and so forth.
Mr Speaker, based on the pilot phase, the following conclusion could be made:
(a) the objective of the KAZA UniVisa Pilot Project has been achieved in that it has eased the movement of tourists, making it possible for them to spend on both the Zambian and Zimbabwean sides;
(b) the economic benefits in relation to tourist arrivals will require a specific survey which has been scheduled for the first quarter of 2016. Tourism operators in Livingstone have indicated a positive gain in their businesses; and
(c) the KAZA UniVisa has received positive response from the local and global tourism industry, including the UNWTO. If properly positioned, the UniVisa Reforms can result in a substantial increase in tourist arrivals.
Mr Speaker, the way forward on the KAZA UniVisa is that Zambia and Zimbabwe have agreed to continue to the next phase of rolling out the KAZA UniVisa to the other three partner counties, namely Angola, Botswana and Namibia.
Sir, may I also inform this august House and the public at large about the positive impact the introduction of the Electronic Visa System has had on tourism. The Electronic Visa System that was implemented in November, 2015, has made it easier for travellers to get their visas at the point of entry because the preliminaries in applying for the visa are done before hand.
Mr Speaker, it is too early to determine the impact the facility has had on tourist arrivals, particularly that it was implemented in a low season for tourism travels in Zambia. It is expected though that the impact will be determined before the end of 2016.
Sir, the implementation of both the Electronic Visa System and KAZA UniVisa Project has been well received by the tourism industry.
Finally, Sir, I wish to implore the hon. Members to continue supporting regional tourism programmes that benefit our country.
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 given by the hon. Minister of Tourism and Arts.
Mr Nkombo (Mazabuka Central): Mr Speaker, the hon. Minister indicated to the House that the evaluation of the success of the Kavango Zambezi Trans-frontier Conservation Area (KAZA TFCA) UniVisa Project will be undertaken in the first quarter of 2016. Could she confirm whether this will take less than a month, considering that we are in the first quarter of 2016 and only have a month to go before the second quarter?
Ms Kapata: Mr Speaker, I mentioned that the project was initially scheduled to run for six months, but was further extended for another six months. The consultants are currently on the ground, evaluating the KAZA UniVisa Project and they will give us a report at the end of the first quarter.
Mr Speaker, I thank you.
Mr Musonda: On a point of order, Sir.
Mr Speaker: I will only allow points of order after the questions.
Dr Musokotwane (Liuwa): Mr Speaker, I would like to thank the hon. Minister for the statement regarding the benefits of the Kavango Zambezi Trans-frontier Conservation Area (KAZA TFCA) UniVisa which is aimed at harmonising payments between countries working together in the tourism sector. However, what is the ministry doing to simplify the visa processes for tourists in general?
Ms Kapata: Mr Speaker, as a ministry, we are aware that there are problems relating to the issuance of visas. However, we are working in collaboration with the Ministry of Home Affairs which is in charge of issuing visas.
Mr Speaker, I thank you.
Mr Simuusa: Mr Speaker, is there any criterion used issue the Kavango Zambezi Trans-frontier Conservation Area (KAZA TFCA) UniVisa and Electronic Visa to tourists or anyone is eligible to have the visas? Also, at which points in the world are the visas issued?
Ms Kapata: Mr Speaker, anybody who comes into Zambia is considered a tourist. Some people come to attend conferences, while others come for games or to see what Zambia has to offer. However, they are all referred to as tourists.
I thank you, Sir.
Mr Belemu (Mbabala): Mr Speaker, I would like to find out from the hon. Minister what criterion was used to select Zambia to pilot the Kavango Zambezi Trans-frontier Conservation Area ( ZAZA TFCA) UniVisa Project, considering that the country it has been partnered with is a competitor? We would have benefited more had Zambia been partnered with countries like Namibia because, then, we would have benefitted from the German market and others.
Ms Lubezhi: Hear, hear!
Ms Kapata: Mr Speaker, I mentioned earlier that Zambia was chosen to pilot the project because it co-hosted the 2013 United Nations World Tourism Organisation (UNWTO) General Assembly with Zimbabwe which was a success. It is based on this that stakeholders selected Zambia and Zimbabwe to pilot the KAZA UniVisa Project.
Mr Speaker, I thank you.
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QUESTIONS FOR ORAL ANSWER
REHABILITATION OF RURAL ROADS ACROSS THE COUNTRY
335. Mr Miyutu (Kalabo Central) asked the Minister of Works and Supply:
(a) what plans the Government had to rehabilitate rural roads across the country;
(b) whether the Government had any plans to upgrade any roads in the Western Province to bituminous standard; and
(c) if so, in which districts the roads were.
The Deputy Minister of Works and Supply (Dr Mwali): Mr Speaker, the Government has plans to rehabilitate the rural feeder roads in the country through the Zambia National Service (ZNS), as the local roads authority in charge of rehabilitating and maintaining 10,000 km of feeder roads. In this regard, a Memorandum of Understanding (MoU) between the Road Development Agency (RDA), National Road Fund Agency (NRFA) and ZNS was signed and the programme was launched with the commencement of works on the 230 km feeder roads in Nalolo District.
In addition, the Government, through the RDA, has signed consultancy contracts for the design and preparation of bidding documents for the countrywide rolling out of Output Performance-based Road Contracts (OPRC) on the primary feeder roads network. Works under this component of the programme are scheduled to commence upon the completion of the designs.
Sir, the Government has plans to upgrade several roads in the Western Province to bituminous standard in the following districts:
(i) Nalolo;
(ii) Kalabo;
(iii) Sikongo;
(iv) Kaoma;
(v) Lukulu;
(vi) Mulobezi; and
(vii) Mwandi.
Mr Speaker, I thank you.
Mr Miyutu: Mr Speaker, …
Mr Mweetwa: On a point of order, Sir.
Mr Speaker: A point of order is raised.
Mr Mweetwa: Mr Speaker, I thank you for giving me the opportunity to raise a point of order which I consider to be very serious because it is anchored on the attainment and enjoyment of human rights of the citizens of this country.
Sir, on 17th February, 2016, the Patriotic Front (PF) Administration, through the Zambia Police Service, sent hundreds of paramilitary police officers to Choma who are still there to date. The officers move in groups and are heavily armed with guns and other weaponry. They harass people during the day by asking them who they are and where they are going. The harassment is worse in the night when they arbitrarily apprehend and detain anybody they come across. This harassment amounts to a curfew. So, one would say that there is a curfew in Choma at the moment.
Sir, my office has received several reports to the effect that the paramilitary police officers have gone a step further by detaining suspects, after which the detainees are required to pay the admission of guilt fine. If they fail to pay the fine, they are subjected to some form of community work such as sweeping the police station. If they comply with the commands, they are released without any probable charge.
Mr Speaker, according to reports that my office has received from what I believe to be credible sources, police officers also harass and extort sex from women and girls night time
Hon. UPND Members: Shame!
Mr Mweetwa: Consequently, life has become unbearable for the citizens of Choma. If I had to draw a parallel, Choma would be the equivalent of the City of Allepo in Syria because paramilitary officers, who are visible to anyone who passes through Choma during the day, have besieged it.
Sir, the situation is so serious that the people of Choma now live in fear. As you may have noticed, I missed the sitting of the House last week because of the tension in Choma.
So, Sir, is the hon. Minister of Home Affairs in order to remain quiet and not inform the House, particularly the people of Choma, about the existence of a curfew, which has been set by the Patriotic Front (PF) Government, but has not been pronounced by any lawful authority?
Sir, I need your serious ruling.
Hon. UPND Members: Hear, hear!
Mr Speaker: My ruling is that the hon. Minister of Home Affairs will respond to those issues through a ministerial statement in the course of the week.
Mr Miyutu: Mr Speaker, we are worried about the roads that have been taken over by the Zambia National Service (ZNS) because, so far, there has not been a handover of the projects. In view of this, we doubt if the road projects that were started by the Rural Roads Unit (RRU) will be worked on by the ZNS. When will the road projects be handed over formally?
Dr Mwali: Mr Speaker, the road projects have been handed over to the ZNS. In fact, the RRU is non-existent. As such, most people who worked under the unit have been deployed elsewhere. The equipment that was used by the RRU has also been taken over by the ZNS.
Mr Speaker, I thank you.
Mr Ndalamei (Sikongo): Mr Speaker, if I heard the hon. Deputy Minister clearly, he said ...
Mr Musonda: On a point of order, Sir.
Mr Speaker: A point of order is raised.
Mr Musonda: Mr Speaker, thank you for finally granting me a point of order which is directed at the hon. Minister of Home Affairs.
Sir, the allegations of militia being trained in the country is public knowledge. The hon. Minister of Home Affairs is here, but has not told the House and the nation at large the status quo. The training of militia is a danger to the security of the nation.
I need your serious ruling, Sir.
Hon. Government Members: Hear, hear!
Mr Speaker: In a like manner, I will ask the hon. Minister of Home Affairs to update both the House and the nation on the issues raised in the point of order during the course of the week.
Hon. MMD Member: Hammer!
Mr Ndalamei: Mr Speaker, before the point of order was raised, I was saying that if I heard the hon. Deputy Minister clearly, he was saying that the Government would upgrade the roads in Nalolo, Sesheke, Kalabo and Sikongo to bituminous standard. I would like to know when the contractor will be on site.
Dr Mwali: Mr Speaker, I did not mention Sesheke among the roads that will be upgraded. However, the contractor to work on the road in Sesheke has been identified and the documents have since been sent to the financiers. As mentioned earlier, we are waiting for the no objection from the financiers.
I thank you, Sir.
Mr Pande (Kasempa): Mr Speaker, the hon. Minister has said that the Government has plans to upgrade about 10,000 km of roads countrywide. I would like to find out if the ministry can avail the hon. Members of Parliament this plan so that we are all aware of when the contractors will be moving to our respective districts or constituencies.
Dr Mwali: Mr Speaker, let me make a correction. The 10,000 km feeder roads are not meant for upgrading, but maintenance and rehabilitation. The Zambia National Service (ZNS), in conjunction with the provincial administrations, is finalising the programmes in the various provinces. The plans will be made available as soon as they are ready.
I thank you, Sir.
Dr Musokotwane (Liuwa): Mr Speaker, the hon. Deputy Minister has said that the Government is going to work on the various roads in all the provinces, including the Western Province. Does that include the construction of a road from Kalabo to Mitete up to Lukulu on the west bank of the Zambezi River?
Dr Mwali: Mr Speaker, the countrywide programme that I referred to has to do with the maintenance and rehabilitation of existing roads. The road that the hon. Member of Parliament for Liuwa has referred to is a new one.
I thank you, Sir.
Mr Hamudulu (Siavonga): Mr Speaker, in response to the questions by the hon. Members of Parliament for Kasempa and Sikongo, the hon. Deputy Minister said that the contractor, ...
Mr Muntanga: On a point of order, Sir.
Mr Speaker: A point of order is raised.
Mr Muntanga: Mr Speaker, thank you for allowing me to raise this point of order. I apologise to the hon. Member of Parliament for Siavonga for interrupting his debate.
Mr Speaker, last Thursday, something happened in this House that may set a precedence. This has never happened in the fifty-one years that Zambia has been independent. One hon. Member made a statement, which he was directed to withdraw, but he refused to do so. The Hon. Mr. Speaker was at pains to persuade him to withdraw the statement, and even pleaded with him to withdraw the statement, but his plea was in vain. The Hon. Mr Speaker further threatened to leave the Chair if the hon. Member did not withdraw his statement.
Sir, I would like to know if it has now become the norm for hon. Members to refuse to obey your instructions in this House.
Hon. UPND Members: Hear, hear!
Mr Muntanga: Mr Speaker, you will recall that I once said something inappropriate and was asked to withdraw it. You warned that if I did not do as instructed, you would not proceed with the Business of the House. I obeyed your order and left the House.
Is it in order for an hon. Member to ignore the Hon. Mr Speaker’s guidance?
Sir, I seek your serious ruling.
Mr Speaker: I reserve my ruling.
Mr Hamudulu: Sir, before the point of order, I was saying that in responding to two earlier questions, the hon. Minister said that a contractor had been identified and the documentation process was ongoing. He further stated that he would only know when the works will commence after the documentation process has been concluded. We have heard such answers on the Floor of this House several times before. Is there no timeline in terms of how long the various stages, including the documentation process, should take?
Dr Mwali: Mr Speaker, every year, the Road Development Agency (RDA) issues the annual work plan for all the road projects that will be undertaken that year.
I thank you, Sir.
Ms Imenda (Luena): Mr Speaker, an assurance was made on the Floor of this House by the former hon. Minister of Works and Supply that the road between Limulunga and Lukulu via Mushitwambumu would be constructed. That was about two years ago, but nothing has happened to date. Does the annual work plan that the hon. Minister has referred to include that road?
Dr Mwali: Mr Speaker, we are grateful for that reminder. I would like to ask for some time to go and check if the road has been included in the latest annual work plan.
Thank you, Sir.
Mr Mutati (Lunte): Mr Speaker, in doing …
Mr Mutelo: On a point of order, Sir.
Mr Speaker: A point of order is raised.
Mr Mutelo: Sir, in responding to a follow-up question to Question No. 287 on the Order Paper for 16th February, 2016, the hon. Deputy Minister of Finance said that the Government had not neglected some of its obligations as a result of debt servicing by paying salaries on the last working day of the month. He said it was legal to do so as long as salaries were paid before the end of the month.
Laughter
Mr Mutelo: Sir, his exact words were:
“Mr Speaker, to regularise this anomaly regarding the payment of salaries for civil servants, I am aware that a circular has been issued to make it clear to everyone that salaries will be paid on the last working day of the month.”
Mr Speaker, I was in Lukulu yesterday which was the last working day of the month. Teachers who flocked to the National Savings and Credit Bank (NATSAVE) could not get their salaries. The situation was the same this morning. I think the situation is the same for civil servants here in Lusaka. However, by law, civil servants are supposed to be paid on the last working day of the month. Is the Government in order not to have paid teachers, especially those in Lukulu and Mitete, by yesterday?
I seek your serious ruling, Sir.
Interruptions
Mr Speaker: I did not know that the hon. Member was a teacher.
Laughter
Mr Speaker: On a serious note, however, I will ask the hon. Minister of Finance to respond to that question at an appropriate time.
Mr Mutati: Mr Speaker, does the latest annual work plan include the rehabilitation and widening of Mungwi Road, where the most critical industry in Lusaka is located? If so, when are the works going to commence?
Dr Mwali: Mr Speaker, I must declare interest because I reside along Mungwi Road. However, the principal question was on rural roads, and Mungwi Road is not one of them.
Thank you, Mr Speaker.
ELECTRIFICATION OF PARTS OF MALAMBO CONSTITUENCY
336. Mr Shuma (Malambo) asked the Minister of Energy and Water Development when the following areas in Malambo Parliamentary Constituency would be electrified:
(a) Ncheka in Chief Mnkhaya’s area;
(b) Kakumbi Old Palace; and
(c) Mphomwa in Chief Jumbe’s area.
The Deputy Minister of Energy and Water Development (Mr Zulu): Mr Speaker, I was a teacher at Ncheka Primary School in the early 1980s. According to the Rural Electrification Master Plan (REMP), the electrification of the three places mentioned above has been earmarked for 2018. The scope and cost estimate for electrifying the above-listed areas will be established upon the Rural Electrification Authority (REA) conducting the feasibility study, which has been scheduled for this year. However, the actual implementation of the electrification will depend on the availability of funds.
I thank you, Mr Speaker.
Mr Mbewe (Chadiza): Mr Speaker, I heard the hon. Deputy Minister proudly say that he was once a teacher at Ncheka Primary School. Since Information and Communication Technology (ICT) is now a compulsory subject, all schools in Zambia need electricity. The areas which have been mentioned have schools that have no electricity. What measures has the Government put in place, in the interim, to provide electricity to rural schools, as the electrification of the three places has only been scheduled for 2018?
Mr Zulu: Mr Speaker, as I mentioned earlier, we follow the Rural Electrification Master Plan (REMP) in electrifying rural areas. As the hon. Deputy Minister of Energy and Water Development, I would like to see to it that all schools in this country are electrified. However, we do not have the necessary funds. That is the main problem. Otherwise, I would be very happy to connect a school where I was a teacher to the national electricity grid.
Thank you, Mr Speaker.
Mr Mufalali (Senanga): Mr Speaker, may I find out whether or not the Rural Electrification Master Plan (REMP) is being followed.
Mr Zulu: Mr Speaker, REMP is being followed. However, where a project is not funded, we push the electrification forward.
I thank you, Mr Speaker.
Mr Ndalamei: Mr Speaker since 2018 is very far, could the hon. Minister consider installing solar power at the schools.
Mr Zulu: Mr Speaker, yes, it is possible to install solar power. However, that will also depend on the availability of funds. If the Rural Electrification Authority (REA) has the funds to buy the solar panels, that will be done.
Thank you, Mr Speaker.
Mr Hamudulu: Mr Speaker, I tend to think that the hon. Minister gave that response without thinking through the question. Hon. Minister, now that you say that it is possible to install solar power, has your ministry or the Rural Electrification Authority (REA) taken the trouble to find out how much it would cost to install solar power at the schools or is it something that is feasible, but you have never endeavoured to think about it?
Mr Zulu: Mr Speaker, I am one Member of Parliament who thinks through questions before responding. So, to say that I did not think through the question is not true.
Mr Speaker, I have already stated that if funds were made available, we can buy solar panels for the schools but, as it is, we follow the Rural Electrification Master Plan (REMP) which goes up to 2030. Where a project is not funded, we push it forward by a year or two. That is the position.
I thank you, Mr Speaker.
________
BILLS
SECOND READING
THE CIVIL AVIATION BILL, 2015
The Minister of Transport and Communications (Mr Simbao): Mr Speaker, I beg to move that the Bill be now read a second time.
In 2009, the International Civil Aviation Organisation (ICAO) conducted an audit on the Zambia Civil Aviation System under the Universal Safety Oversight Audit Programme (USOAP). The audit revealed significant safety concerns which later resulted in the operational ban of Zambian-registered aircraft from entering the European airspace.
Mr Speaker, the key findings that were noted during the 2009 audit were:
(i) the Aviation Act Cap 444 did not include the latest ICAO provisions;
(ii) the technical guidance materials and checklists did not include the latest ICAO standards and recommended practices;
(iii) the Department of Civil Aviation could not attract, recruit and retain appropriately qualified technical personnel, resulting in the shortage of skilled personnel; and
(iv) some personnel at the Department of Civil Aviation lacked the required ICAO training.
Mr Speaker, the ICAO informed us that our civil aviation legal framework was outdated and out of tune with the ICAO Annex Provisions.
Mr Speaker, this is what the Bill seeks to cure.
Mr Speaker, the establishment of the State Aviation Safety Oversight System must be accomplished in accordance with the obligations of the member States outlined in the Chicago Convention. The convention and annexes require every ICAO contracting State, including Zambia, to undertake to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organisation in relation to aircraft personnel, airways and auxiliary services in order to facilitate and improve air navigation. Each contracting State has undertaken to keep its own regulations uniform with those established under the Chicago Convention.
Mr Speaker, the eight ICAO Critical Elements of Safety Oversight (CEs) need to be addressed in order for Zambia to be in good standing with regard to the USOAP which looks into the following areas:
(i) CE 1 Primary aviation legislation;
(ii) CE 2 Specific operating regulations;
(iii) CE 3 State civil aviation system and safety oversight functions;
(iv) CE 4 Technical personnel training and qualification;
(v) CE 5 Technical guidance, tools and the provision of safety critical information; and
(vi) CE 5 Licensing, certification, authorisation, approval and surveillance obligations, and resolutions of safety concerns.
Mr Speaker, the imposition of an operating ban by the European Union (EU) on all Zambian- registered aircraft from entering the European airspace was based on the findings of the ICAO audit of 2009 premised on the above-mentioned critical elements which revealed that Zambia did not effectively implement 65 per cent of the required international standards. This meant that Zambia was only meeting 35 per cent of the international standards.
Mr Speaker, it was due to the above-mentioned reasons that the Patriotic Front (PF) Government implemented measures to restructure and improve the legal framework on the aviation sector in line with the ICAO Standards and Recommended Practices. This started with the enactment of the Civil Aviation Authority Act No.7 of 2012 which resulted in the transformation of the Civil Aviation Department and creation of an autonomous Civil Aviation Authority to address Critical Element No. 3 (CE 3). The first step towards establishing an effective and efficient aviation safety oversight system will ensure that the Civil Aviation Authority (CAA) is able to attract, recruit and retain competent professionals.
Mr Speaker, the other seven critical elements of safety oversight are equally important. However, they can only be effectively implemented if there is an enabling legislative framework in place.
Mr Speaker, in order for the CAA to function effectively and efficiently, Zambia needs to enact robust and comprehensive primary aviation legislation. This Bill will address Critical Element No. 1 (CE 1) and specific operating regulations, which is Critical Element No. 2(CE 2), in order to bring Zambia in conformity with the articles of the Chicago Convention and standards and recommended practices contained in the annexes to the convention. Currently, there are nineteen annexes.
Mr Speaker, the next ICAO audit is earmarked for March, 2016 in which the ICAO will seek to verify whether Zambia has promulgated the Primary Aviation Legislation, which is the object of this Bill.
Sir, the ICAO will probably inquire into whether the primary aviation law incorporates the latest ICAO standards and recommended practices and provides for the introduction/adoption and, subsequently, the legislation of specific operating civil aviation regulations. They will further inquire whether the State’s rule-making process ensures a timely promulgation of specific operating regulations in compliance with the annexes.
Mr Speaker, the existing primary aviation legislation is fragmented, as it is made up of various Acts. The Aviation Act Cap 444 of the Laws of Zambia was revised many years ago between 1964 and 1965. In the meantime, the ICAO annexes have been amended many times. This Bill seeks to address the many amendments that have been made in the ICAO annexes over the intervening period.
Mr Speaker, the Civil Aviation Bill, which is being presented for Second Reading, has consolidated into one Act, the Aviation Act of 1989, Air Services Act of 1964, Tokyo Convention Act of 1971 and other ICAO annex provisions.
Mr Speaker, when enacted, the Civil Aviation Bill will enable the Republic of Zambia to address its obligations as a signatory to the Chicago Convention. It will also provide for the introduction, adoption and subsequent registration of civil aviation regulations and ensure the timely registration of specific operating regulations in compliance with the ICAO Annexes. This will put Zambia in good standing with the ICAO and other international civil aviation organisations such as the European Aviation Safety Agency, among others.
Mr Speaker, the Civil Aviation Bill will also enable the CAA to function effectively. It will be able to carry out its safety oversight and surveillance functions in compliance with the Chicago Convention and the annexes thereto, and enforce compliance with the law and regulations by all players in the Zambian aviation sector in accordance with the ICAO standards and recommended practices.
Mr Speaker, some stakeholders raised some concerns in relation to the Bill and penalties and these have been addressed.
Mr Speaker, in conclusion, the importance of enacting the Civil Aviation Bill, 2015,cannot be over emphasised because it will lay a firm foundation for Zambia’s civil aviation system. It is in this regard that I urge and solicit for the support of the House.
Mr Speaker, I beg to move.
Mr Belemu (Mbabala): Mr Speaker, I thank you for the opportunity to present your Committee’s report.
Sir, your Committee considered various submissions on the Civil Aviation Bill, 2015, that was referred to it on 9th February, 2016.
Sir, let me begin by stating that your Committee supports the Bill. Further, the stakeholders who appeared before your Committee were also in support of the Bill, as it is a measure which will provide for the control, regulation and orderly development of the civil aviation sector in Zambia.
Mr Speaker, this legislation will also make Zambia conform to international best practices in the sector and is necessary for Zambia. In light of the above, I wish to highlight some of the observations and recommendations of your Committee.
(a) your Committee observes that the Zambia Airports Corporation Limited (ZACL) is specifically identified and vested with the duty to provide air traffic control services and maintain navigation aids throughout the Republic. On the other hand, the Bill also places the duty to provide air navigation services in another unspecified statutory or incorporated body. Your Committee, therefore, recommends that an amendment be made in the Bill with a view to identifying the body responsible for the provision of this service in order to avoid ambiguity;
(b) your Committee observes that the powers to grant an Air Service Permit are left at the absolute discretion of the hon. Minister. Your Committee recommends that the Bill be recast to ensure that the Air Services Permit is granted by the hon. Minister, based on the recommendations of the authority;
(c) your Committee observes that penalties for threats or attempts to commit the offences in the Bill are much stiffer than penalties on actual commissions of offences. Your Committee, therefore, recommends that actual commissions with stiffer penalties be prescribed;
(d) your Committee observes that while other Government players in the industry such as the Civil Aviation Authority (CAA) and the ZACL are adequately covered in the Bill, the Zambia Air Services Training Institute (ZASTI) does not appear anywhere at all. This means that its function may not be recognised and backed by law. ZASTI is mandated to produce skilled human resources for the civil aviation industry.
Further, it is correctly recognised that for the industry to develop, it is important to have a human resources training unit for a steady supply of qualified personnel. Your Committee, therefore, recommends that ZASTI be recognised in the Bill so that its functions are recognised and backed by law;
(e) your Committee observes that the Bill, under Clause 97(1), recognises that the provision of air services shall be effected by entities other than the airport operator. It further provides that the said services be provided under the auspices of the airport operator for purposes of limiting the airport operator’s liability as regards third parties. Your Committee recommends that a proviso be included in the Clause to the effect that no agency or employment relationship is created between the airport operator and any entity providing air services by virtue of Clause 97(1) alone.
Sir, allow me to urge the House to support the Bill and also urge the hon. Minister of Transport and Communication to take on board the recommendations of your Committee.
In conclusion, your Committee wishes to pay tribute to all the stakeholders who appeared before it and tendered both oral and written submissions. It also wishes to thank you, the Hon. Mr Speaker, for affording it an opportunity to study the Bill.
Your Committee also appreciates the services rendered by the Office of the Clerk of the National Assembly during its deliberations.
Mr Speaker, I thank you.
Ms Lubezhi: Hear, hear!
Mr Simbao: Mr Speaker, I am very grateful to the House for supporting the Bill unanimously.
Mr Speaker, I thank you.
Question put and agreed to and the Bill read a second time.
Committed to a committee of the Whole House.
Committee on Thursday, 3rd March, 2016.
_________________
HOUSE IN COMMITTEE
[THE CHAIRPERSON OF COMMITTEES in the
Chair]
THE FINANCIAL INTELLIGENCE CENTRE (Amendment) BILL, 2015
Clause 1 ordered to stand part of the Bill.
CLAUSE 2 – (Amendment of Section 2)
The Minister of Finance (Mr Chikwanda): Mr Chairperson, I beg to move an amendment in Clause 2, on page 7, immediately after line 7, by the insertion of the following new definition:
“proliferation” means an act by any person who, by any means, directly or indirectly, wilfully or negligently provides funds or financial services with the intention that the funds or financial services should be used or knowingly that they are to be used in whole or in part, for the manufacture, acquisition, possession, development, export, trans-shipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials, including both technologies and dual use of goods used for non-legitimate purpose;”.
Amendment agreed to. Clause amended accordingly.
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3, and 4 ordered to stand part of the Bill.
CLAUSE 5 – (Amendment of Section 9)
Mr Chikwanda: Mr Chairperson, I beg to move an amendment in Clause 5, on page 8, in line 10, by the insertion immediately after the word “source” of the words “authorised under any written law to make a suspicious transaction report”.
Amendment agreed to. Clause amended accordingly.
Clause 5, as amended, ordered to stand part of the Bill.
Clause 6 and 7 ordered to stand part of the Bill.
CLAUSE 8 – (Insertion of Sections 11A, 11B and 11C)
Mr Chikwanda: Mr Chairperson, I beg to move an amendment in Clause 8:
(a) on page 13:
(i) in line 21:
(a) by the insertion of the figure “(1)” between “11B.” and the word “An”; and
(b) by the deletion of the words “at any reasonable time” and the substitution therfor of the words “during the operating hours of the reporting entity or designated non-financial business or profession”;
(ii) in line 23, by the insertion of the words “premises” and “where” of the
words “of a reporting entity or designated non-financial business or profession”;
(iii) in lines 29 and to 34, by the deletion of paragraph (b);
(iv) in line 35, by the renumbering of paragraph (c) as paragraph (b);
(v) in line 36, by the deletion of the comma after the word “entity” and the
substitution therefor of the words “or an”;
(vi) in line 37, by the insertion between the words “premises” and “that” of the
words “of a designated non-financial business or profession”;
(b) on page 14:
(i) in line 5, by the insertion immediately of the word “premises”; of the words “of a designated non-financial business or profession”;
(ii) in line 7, by the insertion immediately after the word “premises”; of the words “of a designated non-financial business or profession”;
(iii) in line 10, by the insertion after the word “premises” of the words “of a designated non-financial business or profession”;
(iv) in line 15:
(a) by the insertion of the comma after the word “entity”;
(b) by the insertion between the words “entity” and “undertaking” of the word “or” and
(c) by the insertion after the word “premises” of the words “of a designated non-financial business or profession”;
(v) in line 17:
(a) by the deletion of the comma after the word “entity”; and
(b) by the insertion of the of the word “or” immediately after the word
“entity”;
(vi) in line 17, by the deletion of the comma after the word “entity” and
substitution therefor of the word “or”;
(vii) in line 18, by the insertion between the words “premises” and “or” of the
words “of a designated non-financial business or profession”;
(viii) in line 26, the insertion of the word “and” immediately after the semi-colon;
(ix) in line 28:
(a) by the deletion of the comma after the word “entity”;
(b) by the insertion of the word “or” between the words “entity” and “undertaking”; and
(c) by the insertion of the words “of a designated non-financial business or profession” between the words “premises” and “for”;
(x) in lines 32 to 41, by the deletion of paragraphs (h) and (i);
(xi) in lines 1, 13,17 and 27, by the renumbering of paragraphs (d), (e), (f) and (g) as paragraphs (c), (d), (e) and (f), respectively;
(c) on page 15:
(i) in lines 1 to 6, by the deletion of paragraphs (j) and (k); and
(ii) in lines 7, 11 and 27, by the renumbering of sub-clauses (3), (4) and (5) as
sub-clauses (2), (3) and (4), respectively; and
(d) on page 16:
(i) in lines 1, 4 and 7, by the renumbering of sub-clauses (6), (7) and (8) as
sub-clauses (5), (6) and (7), respectively; and
(ii) in lines 10 to 34, by the deletion of section 11C.
Amendment agreed to. Clause amended accordingly.
Clause 8, as amended, ordered to stand part of the Bill.
Clauses 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 ordered to stand part of the Bill.
LAYOUT-DESIGN OF INTEGRATED CIRCUITS BILL, 2016
Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18, 20, 21, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 ...
The Chairperson: Order!
Business was suspended from 1615 hours until 1630 hours.
[THE CHAIRPERSON OF COMMITTEES in the
Chair]
... 84, 85, 86 and 87 ordered to stand part of the Bill.
Title agreed to.
_______
HOUSE RESUMED
[MR SPEAKER in the Chair]
The following Bill was reported to the House as having passed through Committee with amendments:
The Financial Intelligence Centre (Amendment) Bill, 2015
Report Stage on Thursday, 3rd March, 2016.
The following Bill was reported to the House as having passed through Committee without amendments:
The Layout-Designs of Integrated Circuits Bill, 2016
Third Reading on Wednesday, 2nd March, 2016.
_______
MOTION
ADJOURNMENT
The Vice-President and Minister of Development Planning (Mrs Wina): Mr Speaker, I beg to move that the House do now adjourn.
Question put and agreed to.
_________
The House adjourned at 1637 hours until 1430 hours on Wednesday, 2nd March, 2015.