Debates - Friday, 11th March, 2016

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Friday, 11th March, 2016

The House met at 0900 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

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RULINGS BY MR SPEAKER

RULING ON THE POINT OF ORDER RAISED BY MR GARY NKOMBO, MEMBER OF PARLIAMENT FOR MAZABUKA CENTRAL PARLIAMENTARY CONSTITUENCY, AGAINST HER HONOUR THE VICE-PRESIDENT AND MINISTER OF DEVELOPMENT PLANNING, ON ALLEGATIONS REGARDING THE ENGAGEMENT OF TIMOR CONSULTING COMPANY BY THE PATRIOTIC FRONT (PF) GOVERNMENT

Mr Speaker: Hon. Members, on Thursday, 25th February, 2016, when the House was considering Question for Oral Answer No. 331 on the Order Paper and the hon. Member of Parliament for Mpongwe Parliamentary Constituency, Mr Gabriel Namulambe, was asking a follow-up question, the hon. Member of Parliament for Mazabuka Central Parliamentary Constituency, Mr Gary Nkombo, raised a point of order on Her Honour the Vice-President and Minister of Development Planning, Hon. Inonge Wina.

The point of order arose from the response Her Honour the Vice-President and Minister of Development Planning, had given to Question No. 323 on the previous day, which was asked by the hon. Member of Parliament for Chongwe Constituency, Ms Sylvia Masebo. Hon. Masebo, had wanted to know whether Timor Consulting, an Israeli company, was registered in Zambia and further, if the company had any role to play in the 2016 General Elections, and if so, what the role was. Hon. Masebo also sought to know whether the stakeholders in the forthcoming elections had been advised about the presence of the company in Zambia.

Her Honour the Vice-President and Minister of Development Planning responded that, according to a search conducted at the Patents And Companies Registration Agency (PACRA), Timor Consulting Company was not registered in Zambia and that the Electoral Commission of Zambia (ECZ) had no dealings with the company. As such, the company had no role to play in the 2016 General Elections and, therefore, there was no need for any discussions with stakeholders pertaining to the company. The House will recall that after several follow-up questions from hon. Members, Her Honour the Vice-President and Minister of Development Planning, challenged any hon. Member with evidence to the contrary on Timor Consulting Company to submit the evidence to her for appropriate action.

Hon. Members, in the point of order, Hon. Nkombo, asked whether Her Honour the Vice-President and Minister of Development Planning was in order to mislead the House by denying that the Government had any relationship with Timor Consulting Company. To support his point of order, the hon Member referred to a letter, published in The Post issue of Thursday, 25th February 2016, purported to have been written by Mr Amos Chanda, Special Assistant to the President for Press and Public Relations, to the Zambia Security Intelligence Service, informing the service of the engagement of Timor Consulting Company, by the Patriotic Front (PF) Government, to provide consulting services to the Government for the 2016 General Elections. The hon. Member also referred to a memo written by Timor Consulting Company, also published in the same newspaper, to the Special Assistant to the President, on Government’s involvement with the company in the 2016 General Elections.

In my immediate remarks, I reserved my ruling to enable me to study the matter. I have since studied the point of order and will now render the ruling.

Hon. Members, the point of order borders on the right of hon. Members to lay documents on the Table of the House, as evidence, in support of their debates. I will, therefore, begin by reminding the House of the principle governing the laying of documents on the Table of the House. 

As the House is aware, our Standing Orders do not provide for rules on the laying of documents on the Table. Thus, the practice that exists on the laying of documents before the House has largely been derived, with necessary modifications, from that existing in other Commonwealth parliaments. This, hon. Members may wish to know, is governed by Section 20 of the National Assembly (Powers and Privileges) Act, which is in the following terms: 

“The Assembly or a Committee shall be determined in accordance with the usage and practice of other Commonwealth Parliaments.”

The established practice in this House and, indeed, many other Commonwealth parliaments has been that any hon. Member who wishes to lay a document on the Table must duly authenticate it, meaning that the hon. Member takes full responsibility for its genuineness, correctness and authenticity. Authentication of the documents is of paramount importance to the House because documents laid on the Table of the House become part of the verbatim proceedings of the House, are open for public scrutiny, and should, therefore, provide authoritative and factual information to the House and the general public.

The House may recall that this position was re-echoed in my ruling to the House on 15th October, 2014, on a point of order which was raised by the Member of Parliament for Keembe Parliamentary Constituency, Hon. Bishop Lt-Gen. Ronald Shikapwasha, MP, against the Deputy Minister of Justice, Hon. Keith Mukata, MP, on the manner of laying papers on the Table. In that ruling, I guided the House that:

 “Any paper or document laid on the Table of the House must be duly authenticated by the hon. Minister or hon. Member concerned so as to take full responsibility for its genuineness, correctness and authenticity.”

Hon. Members, in the case of Hon. Nkombo’s point of order, the procedure is different and more elaborate because the document laid on the Table was classified as ‘Extremely Confidential’. Eminent authors on parliamentary matters, M. N. Kaul and S. L. Shakdher in their book entitled Parliamentary Practice and Procedure, Sixth Edition, at page 1021, provide the following guidance on tabling a document classified as confidential or secret: 

“A Member can ordinarily quote from a document that is treated by the Government as secret or confidential, and which the Government has not disclosed in public interest.  There is a possibility for such a document to be obtained through leakage or stealth or in an irregular manner, and there is no compulsion on the Member to disclose the source from which a copy thereof has been obtained.

“Normally, a Member is not expected to spring a surprise on the Speaker, the House and the Government by quoting from a document which is not public. In fairness to all and in accordance with the parliamentary conventions, he is expected to inform the Speaker and the Government in advance so that they are in a position to deal with the matter on the Floor of the House when it is raised. If this requirement is not complied with, the Speaker may stop the Member from quoting such a document and ask him to make available to the Chair a copy before he can be allowed to proceed with any quotation therefrom.”

Hon. Members, the same learned authors further state on the same page 1021 that before a Member tables a confidential or secret document, the document should be sent to the Government for verification of its authenticity.  It is only after considering the facts supplied by the Government that the Speaker decides whether or not the document should be tabled. However, the learned authors further state that even when the procedure for laying secret documents on the Table has been complied with, the Government is not compelled to react to such a document.

Hon. Members, from the authority cited, it is evident that the House can only proceed upon a document laid on the Table if it is satisfied that the same has been authenticated, and only persons responsible for the making of a document or under whose supervision and care a document had been prepared can authenticate it. 

Hon. Members, generally speaking, I would like to note that while the media has a democratic right to access information on, especially matters of public interest, and, therefore, performs an important function or duty to disseminate information to the public, such information may not always be accurate or true. In any event, it is common knowledge that the Zambian media, unfortunately, is highly polarised and some segments are, unfortunately, plainly and simply political. As a result, it is not now uncommon for some media houses, in certain instances, to publish false, incorrect or, indeed, contested information, as recent events have demonstrated.

A case in point is the subject matter of this point of order.  On one hand, Mr Nkombo, MP, has in aid of his point of order, relied on the letters published by The Post newspaper. On the other hand, I note that Issue 1274 of the Daily Nation, dated 26th February 2016, carried a story entitled “State House Letter a Forgery” in reference to the same letters published by The Post newspaper outlined above and relied on by Mr Nkombo, MP.  In that story by the Daily Nation, Mr Amos Chanda is quoted as saying that no such letter was generated by State House and that the communication was a complete fabrication, replete with content errors.

In this matter, hon. Members, even assuming that the letters published by The Post newspaper were proved authentic in terms of the parliamentary practice outlined above, there is nothing in the letters to confirm the allegation that Her Honour the Vice-President and Minister of Development Planning has any personal knowledge about the existence or purported dealings of Timor Consulting with whomsoever.

Hon. Members, I would go further and add that I would be very slow, nay, exercise the utmost circumspection before making any factual determination based on the publications by the media, because I have no means or opportunity at my disposal to assess or test the veracity, authenticity or otherwise of such publications. 

Coming back to the point of order under consideration, since the purported communications laid on the Table by Mr Nkombo, MP, have not been authenticated as required by the parliamentary practice that I have outlined above, they do not qualify to be laid on the Table of the House. I, therefore, urge hon. Members to be very cautious and exercise appropriate judgment before laying any documents on the Table of the House.

I thank you.

Hon. Government Members: Hear, hear!

POINT OF ORDER RAISED BY MR R. MUNTANGA, MEMBER OF PARLIAMENT FOR KALOMO CENTRAL PARLIAMENTARY CONSITUENCY AGAINST, HON. MINISTER OF FINANCE, MR A. B. CHIKWANDA, MP

Hon. Members will recall that on Tuesday, 1st March, 2016, when the House was considering Question for Oral Answer No. 335 on the Order Paper and the Member for Siavonga Parliamentary Constituency, Hon. K. Hamudulu, was asking a supplementary question, Hon. R. Muntanga, the Member of Parliament for Kalomo Central Parliamentary Constituency raised a point of order.  In that point of order, Hon. Muntanga inquired whether the Minister of Finance, Hon. A. B. Chikwanda, was in order to refuse to withdraw a statement he had made on the Floor of the House, when he was directed to do so by Mr Speaker, on Thursday, 25th February, 2016. 

Hon. Members, the point of order arose from the events that took place on Thursday, 25th February, 2016, when the hon. Minister of Finance was winding up debate on the Motion to amend the Loans and Guarantees Authorisation (Maximum Amount) Orders of 2014 and 2015, to increase the maximum amount of outstanding domestic and external loans and guarantees. In winding up debate, the hon. Minister stated, among other things: 

“Mr Speaker, let me say that I feel pity for hon. Members on the other side of the divide because they belong to a political party which will never form Government for the simple reason that it is the only party which has exclusivity in the history of Zambia in terms of where the leaders come from.”

In my immediate response, I reserved my ruling. I have since studied the point of order and now render my ruling. 

Hon. Members, in terms of the National Assembly Members Handbook of 2006, a point of order is defined as follows at page 25: 

“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.”

Further, according to Audrey O’Brien, in her book entitled “House of Commons Procedure and Practice”, Second Edition, (Québec, Thompson Reuters, 2009), a point of order is described in the following terms at page 632: 

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

Furthermore, according to David McGee in his book entitled “Parliamentary Practice in New Zealand” (Wellington, Dunmore Publishing Ltd, 2005), a point of order is similarly described in the following terms at page 120:

“Points of order must be raised at the time the matter of order, to which it relates, arises, and this rule is applied very strictly.

Laughter 

Mr Speaker: Order!

I am still in control of the proceedings.

“If a Member does not challenge a matter, once the opportunity to raise the point of order on it is gone, even if the Member was not present at the time the matter arose, Speakers do not encourage the raking over of procedural disputes on matters which the House has already passed over.”

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

Clearly, in this case, the point of order was raised on Tuesday, 1st March, 2016, in relation to an alleged breach of procedure that occurred on Thursday, 25th February, 2016. The hon. Member should have raised the point of order soon after the alleged breach of procedure occurred.  

Therefore, although the point of order raises a pertinent issue with regard to the decorum and dignity of the House, Hon. Muntanga did not raise the point of order contemporaneously with the conduct complained of, thus, rendering the point of order inadmissible.

Be that as it may, hon. Members will recall that following the hon. Minister of Finance’s statement referred to above, which is the subject of this inadmissible point of order, disparaging and derogatory remarks were uttered. Earnest attempts at physical confrontation and generally disorderly conduct erupted from both sides of the House despite my repeated pleas for order to be restored. I must say dismally that the conduct of hon. Members, both on my right and my left, on that day was unbefitting of hon. Members and earnestly undermined the integrity, dignity and decorum of the House. 

I, therefore, wish to seize this opportunity to remind hon. Members that the rules of parliamentary etiquette require hon. Members to debate and conduct themselves with civility and sobriety at all times. In this regard, hon. Members are not expected to engage in personal attacks or, indeed, physical confrontation on the Floor of the House, within the precincts of Parliament or, indeed, elsewhere.  

I have repeatedly guided this House before that although certain issues may be emotive, hon. Members must always exercise self-restraint and desist from reprehensible conduct in order to always maintain the dignity and decorum of the House. In any event, hon. Members have several legitimate avenues, (such as raising a point of order which, in this case, was unfortunately raised belatedly by Hon. Muntanga), to express their dissatisfaction with any matter. Clearly, any resort to actions or conduct that result in the disruption of parliamentary business is totally unacceptable, and must be deprecated.

I, therefore, urge hon. Members to always conduct themselves honourably and to desist from conduct that is likely to bring this House into disrepute and odium. 

I thank you.

Hon. Members: Hear, hear!
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MINISTERIAL STATEMENT

STATUS OF CHOLERA OUTBREAK 

The Minister of Health (Dr Kasonde): Mr Speaker, I thank you for granting me the opportunity to update you and the general public on the status of the cholera outbreak in the nation. 

Mr Speaker, as I reported in my 18th February, 2016 ministerial statement, there is a cholera outbreak in Zambia which has mainly affected the district of Lusaka. Since the beginning of the outbreak early February this year, the Government, through the Ministry of Health, with line ministries and other stakeholders like the World Health Organisation (WHO), …

Interruptions

Mr Speaker: Order!

Dr Kasonde: … United Nations International Children’s Fund (UNICEF), centres for disease control and prevention (CDC), has continued working towards controlling this outbreak. 

Mr Speaker, the current situation as of 9th March, 2016, is that the total cumulative number of cases has reached 108 with Lusaka District recording eighty-eight cases and Chibombo District twenty cases. Chibombo District has not recorded a new case for the last seven days now.

Sir, since the beginning of the outbreak, one death has been recorded. There was a suspected case reported from Nyimba District, which was proved not to be cholera.

Mr Speaker, the cholera outbreak that affected Kanyama Compound and Chibombo District is almost under control. The new cases being seen are mostly coming from Bauleni Compound. 

Sir, the Ministry of Health, together with its partners, has continued to implement various measures in terms of surveillance, prevention and case management in all the affected areas of Lusaka and Chibombo districts. We have put the following surveillance measures in place:

(a)    rapid response teams have been reactivated in all districts;

(b)    all health institutions in the country have been put on alert and requested to reinforce preventive measures and reactivate epidemic preparedness committees;

(c)    the National Epidemic Committee which usually meets monthly is now meeting weekly to monitor the situation;

(d)    contacts of all cholera cases are being followed up by the health workers;

(e)    we have mobilised teams to go into the communities to look for suspected cases of cholera;

(f)    outbreak investigations are being done to find out the source of the infection;

(g)    communities have been sensitised through radio, television and the provision of health education materials;

(h)    water samples are being collected for examination; and 

(i)    we have mapped the cases in terms of location, and the ministry is aware of the zones that are currently affected.

Mr Speaker, the ministry has put up the following measures under case management:

(a)    treatment centres have been opened in Kanyama, Bauleni and Matero compounds as well as Chibombo District;

(b)    all necessary logistics, drugs and medical supplies are being mobilised;

(c)    staff have been mobilised to attend to patients; and

(d)    ambulances are on standby in case of emergencies.

Sir, in the prevention aspect, the following has continued to be done:

(a)    provision of chlorine to affected communities. To date, 46,907 bottles of chlorine have been distributed;

(b)    the teams from the Ministry of Health, District Medical Office, World Health Organisation (WHO)  and United Nations Children's Emergency Fund (UNICEF) are on the ground to assess the situation and provide door-to-door campaigns on cholera prevention and control;

(c)    the Ministry of Health and the local authorities have intensified the inspection of food premises and handlers. Water samples are being collected for examination from various sources. We have strongly recommended the closing down of premises which are not complying with food safety procedures;

(d)    the local authority is moving to disludge the pit latrines in affected compounds;

(e)    the local authority has intensified garbage collection in the affected compounds; and 

(f)    the Ministry of Local Government and Housing announced the suspension of street vending, specifically that dealing in cooked food until the outbreak is over.

Mr Speaker, in the long-term, the Ministry of Health is working with the local authorities to ensure access to safe water and sanitation.

Sir, the Ministry of Health has established the National Public Health Institute (NPHI) with the view to strengthening surveillance and having a dedicated public health laboratory network. Under the NPHI, the Ministry of Health is setting up a public health emergency operation centre which will serve as an early warning system in terms of disease outbreaks.

Mr Speaker, the Ministry of Health is also conducting a field epidemiology training programme in order to increase the capacity of health workers to conduct surveillance and outbreak investigations.

Sir, following the just-ended outbreak of the Ebola Virus Disease which affected parts of West Africa, the African Union came up with an initiative of setting up an Africa Centre for Disease Control and Prevention ...

Interruptions 

Mr Speaker: Order!

Dr Kasonde: ... which will be housed in Ethiopia. In order to strengthen regional collaboration, a decision was made to create regional hubs under the centre. Zambia was nominated to host the Southern African collaborating centre. We are grateful to His Excellency the President, Mr Edgar Chagwa Lungu, who led the work to secure this great honour for our country. To this effect, an assessment team from the African Union visited the country this week to assess Zambia’s capacity building needs. This responsibility comes with the benefits of capacity building, not only at country level, but also at regional level in terms of surveillance.

Mr Speaker, everything possible is being done to contain the outbreak, but the general public should be aware of the importance of practicing good personal hygiene as the first measure to prevent any outbreak. Simple procedures previously outlined are:

(a)    hand washing with clean water and soap;

(b)    boiling and chlorination of drinking water;

(c)    eating hot and properly cooked foods;

(d)    always using toilets or latrines when answering the call of nature;

(e)    reporting to the local authorities any blocked sewer lines or over spilling latrines in the area; and 

(f)    avoiding ready to eat foods sold on the streets.

I thank you, Sir. 

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

Mr Namulambe (Mpongwe): Mr Speaker, we sometimes see people drawing contaminated water. Some people use pools of rain water as drinking water. What is being done to ensure that safe drinking water is provided in such areas and also for people in areas where they depend on shallow wells which are next to pit latrines? 

Dr Kasonde: Mr Speaker, I thank the hon. Member for raising this important question with regard to ensuring access to safe water. In my statement, I have already described the activities and actions that are needed at household level to ensure that drinking water is safe. It is for this reason that we have added chlorine to the water supply at household level as well as at the supply level.

Sir, we appreciate that the important point of contact is when water is being drank. If at the time the water is being drank, it has not been subjected either to boiling or chlorination, the person drinking it is at risk, irrespective of whether it originated from the rain or from the tap of a supplier. This is the way we should all approach this issue.

I thank you, Sir.

Brig-Gen. Dr Chituwo (Mumbwa): Mr Speaker, as the hon. Minister has stated, the long-term measure in controlling of a waterborne disease such as cholera is that of drinking safe drinking water. The water should be safely transported from the reservoir up to the point it is to be drunk. From the time the Millennium Challenge Account (MCA) launched a programme to specifically improve the supply of water to Lusaka, what progress has been recorded so far as a long-term measure in the provision of clean drinking water to residents of Lusaka?

Dr Kasonde: Mr Speaker, I am pleased to say that our colleagues in the Ministry of Local Government and Housing have, following the Millennium Challenge Account (MCA) project which the hon. Member referred to, embarked on a number of activities which will ensure that the concerns of the hon. Member are addressed. The concerns which have been raised by Hon. Brig-Gen. Dr Chituwo cannot be addressed by one action. Once the projects by the MCA are fully functional, the concerns which have been raised by the hon. Member will be addressed.

I thank you, Sir.

Prof Lungwangwa (Nalikwanda): Mr Speaker, a number of projects have been put in place to address the water and sanitation problems in Lusaka, in particular. The projects by the Millennium Challenge Account that has been referred to if my recollection is correct, are at the level of US$300 million, which is a lot of money. Is the hon. Minister in a position to conduct a comprehensive research assessment on how the resources which are going into sorting out the water and sanitation problems within Lusaka in particular, to address the cholera epidemic that has almost become perennial so that we have more informed data in our possession? 

 Dr Kasonde: Mr Speaker, I appreciate the interest of the hon. Member in the application of research to ensure that we put in place appropriate policies. I am pleased to say that the projects that are now being implemented were actually preceded by research. I think that perhaps, there might have been a limitation in the extent to which the finding of that research were disseminated. I think that this is something that can be resolved by communication with the Ministry of Local Government and Housing. I do agree that we must continue to follow-up the way we are applying resources that have been made available to us, specifically, the funding from the MCA which was US$350 million. 

I thank you, Sir. 

Dr Musokotwane (Liuwa): Mr Speaker, cholera, as we are told by experts is a waterborne disease. We are also told by the same experts that dysentery is also a waterborne disease. At a time like this when flooding is taking place over most parts of the Western Province, it is uncommon not to have outbreaks of dysentery. What measures have been put in place to forestall the outbreak of dysentery in Liuwa and similar places in the Western Province?

Dr Kasonde: Mr Speaker, I think the measures that apply to the prevention of cholera outbreaks are, in fact, the same measures that should apply to the outbreak of other diseases that lead to diarrhoea. The difference is that in the case of cholera, we have an epidemic because of the rapidity with which it can spread. This is not the same with the other diarrhea-related diseases which the hon. Member has mentioned. Nevertheless, I think that it is important to note that the preventive measures which I have been highlighting apply to both diarrhoea and waterborne-related diseases.

I thank you, Sir.

Mr Mbulakulima (Chembe): Mr Speaker, before I came to this House this morning, I was with Hon. Margaret Miti and Hon. Col. Lungu. We had a discussion on the possible sources of cholera in some places. As the hon. Minister said, one of the sources of the outbreak of cholera are the foodstuffs which some people are selling on the streets. When you tell those people to move out of the streets, they will say, “Tiza yenda kuti?” This means, “Where shall we go?” At the same time, they are the same people who will come and say, “Government iyanganepo” when there is an outbreak. That is what people say when they are asking the Government to address a particular matter. This is what I was sharing with my colleagues this morning. Now, in order for us to arrest this issue, the people who are selling on the streets should support the different initiatives which the Ministry of Local Government and Housing is putting in place. 

Dr Kasonde: Mr Speaker, I thank you for granting me this opportunity to recognise the discussions which took place before we met this morning ...

Laughter

Dr Kasonde: … and possibly other activities which we are not aware of at this stage. I totally agree that there is a conflict between the needs of those who believe that they must sell on the streets in order to survive and those of us who are concerned that their activities are leading to the illnesses and deaths of our people. I have the assurance from the hon. Minister of Local Government and Housing that negotiations have continued to occur between the ministry and the venders through their associations. I think that there is no doubt, whatsoever, that there is a need to control the selling of foodstuffs on the streets. Indeed, the Minister of Local Government and Housing, on several occasions, talked about the need to stop this practice. However, we must also accept the need for dialogue with our colleagues who have to live on what they think is the only means available to them. The ultimate goal is to put in place an intervention which is favourable to all of us. We are going to arrive at a decision using a democratic process.

 I thank you, Sir.

_____

CLARIFICATION BY HER HONOUR THE VICE-PRESIDENT ON THE USE OF BRAILLE DURING ELECTIONS

Mr Speaker: It is now time for Her Honour the Vice-President and Minister of Development Planning to make a clarification on the use of braille during elections.

  The Vice-President and Minister of Development Planning: Mr Speaker, I thank you for allowing me time to clarify some issues regarding the visually impaired electorates in the country. This follows a follow-up question, which was asked by the Member of Parliament for Choma Central, Hon. Mweetwa, who is not even in the House, who wanted to know whether there are visually impaired illiterate persons in all the 150 constituencies who have registered.

Sir, the statistics for visually impaired voters are derived from the register of voters. During registration, a provision is made for voters to indicate whether they have a disability. Based on the statistics currently obtained, the number of visually impaired voters stands at 7,464. The actual number shall be established once the register of voters is finalised and certified.

Mr Speaker, when the commission is planning for an election, it plans for one ballot paper jacket per voting stream. Where there is more than one visually impaired voter in a stream, the same ballot paper jacket is used. This is because the ballot paper jacket is reusable. 

Sir, for the 2016 General Election, the commission shall purchase 11,200 ballot paper jackets as that is the projected number of voting streams that will be in place during the 2016 General Elections.

 I thank you, Mr Speaker.

Mr Speaker: Order!

I should have stated earlier on that any follow-up questions on the statement which has been given by Her Honour the Vice-President and Minister of Development Planning may be pursued during Her Honour the Vice-President’s Question Time.

Thank you.

______

HER HONOUR THE VICE-PRESIDENT’S QUESTION TIME

Mr Muchima (Ikeleng’i): Mr Speaker, there is a lot of debate going on regarding the Grade 12 Certificate and verification at the Examination Council of Zambia (ECZ).

Sir, is the pronouncement which was issued by the ECZ yesterday the final position? If so, what is going to happen to the general public, especially those who are in far-flung areas like Shang’ombo and Ikeleng’i? What is the Government thinking in terms of those people coming to Lusaka to verify their certificates? Is there any way that the Government is going to come up with to assist the people in far flung areas to have their certificates verified?

The Vice-President and Minister of Development Planning (Mrs Wina): Mr Speaker, before I respond to the question from the hon. Member for Ikeleng’i, allow me to congratulate the women of Zambia throughout the country who came together to celebrate and show their skills during the International Women’s Day on the 8th of March, 2016.

 Hon. Members: Hear, hear!

The Vice-President and Minister of Development Planning: The Patriotic Front (PF), the Party in Government, under the able leadership of His Excellency Mr Edgar Chagwa Lungu …

Hon. Government Members: Hear, hear!

Mr Livune: Question!

The Vice-President and Minister of Development Planning: … has without doubt demonstrated its strong political will in promoting gender equality. President Lungu has opened a lot of doors for the women in Zambia. He has opened the doors and invited women to the decision-making table. For the women, this is an opportunity to participate in politics and the governance of the country.

 Mr Kambwili: Hear, hear!

The Vice-President and Minister of Development Planning: Mr Speaker, since this is a very crucial time, I wish to urge all the women in the country to come forward and be adopted within their political parties. Indeed, this is …

Mr Speaker: Order!

Your Honour the Vice-President and Minister of Development and Planning, I am getting anxious because a question was put. I was liberal to the acknowledgement of the day that we all celebrated. I, personally, celebrated it together with the women, but this is a special session.

The Vice-President and Minister of Development Planning: Mr Speaker, I thank you for your counsel. Coming back to the question, I wish …

 Hon. Members: Hear, hear!

 The Vice-President and Minister of Development Planning: … to state that it is already on the Order Paper.

 I thank you, Sir.

Mr Kazabu (Nkana): Mr Speaker, Prof. Thomas Wilson Woodrow, in his essay entitled “Public Administration”, states that:

    “Administration should be technically competent and politically neutral in a democracy.”

Sir, in that context, are there plans by the Government to re-introduce the competence bar examinations in order to depoliticise the Civil Service and enhance the efficiency of the civil servants?

The Vice-President and Minister of Development Planning: Mr Speaker, I believe that at some point, this House was informed about the proficiency examinations which will be introduced at the National Institute of Public Administration (NIPA). This move is very important in order to promote professionalism and efficiency in the Civil Service. I, therefore, agree with the hon. Member that has made observations regarding the Civil Service and how we can promote its efficiency. All the new recruits in the Civil Service will undergo training at NIPA and then be subjected to examinations.

 I thank you, Sir.       

Mr Namulambe (Mpongwe): Mr Speaker, yesterday, the hon. Minister of Agriculture issued a statement regarding the maize situation in the country. The truth of the matter as it stands is that most Zambians are hungry. They cannot afford to buy mealie meal because some traders are selling the commodity at very high prices despite buying it at the recommended prices from the millers. When there is a funeral, people find it difficult to disperse because they have no food in their homes. This situation is real. We need to sympathise with people who cannot afford to buy mealie meal at affordable prices as recommended by the millers and Government as stakeholders. What is the Government doing to supress hunger in the country and to help the many Zambians who are finding it very difficult to afford a meal in a day?

The Vice-President and Minister of Development Planning: Mr Speaker, the hon. Minister of Agriculture ably tackled this matter yesterday in the House. He categorically emphasised the fact that any miller who will flout the regulations which the Food Reserve Agency (FRA) has put in place will be deregistered from the list of millers who are supposed to receive maize from it. Additionally, there is already a team in place comprising of various sectors at ministerial level that is scrutinising that agreement and also a team that visits the outlets to warn the culprits who have continued to sell mealie meal at inflated prices. So, the Government is in control of this situation and measures are being taken to safeguard the ordinary Zambians.

I thank you, Sir.

Dr Musokotwane (Liuwa): Mr Speaker, first of all, I would like to thank the Government for sending twenty new teachers to Liuwa.

Hon. Government Members: Hear, hear!

Dr Musokotwane: Sir, unfortunately, that still leaves the average teacher-per school ratio to two or three per school. The number of teachers is still inadequate and as such, a community that had a culture of getting scholarships will degenerate into illiteracy. When is the Government going to provide more teachers to schools in Liuwa?

The Vice-President and Minister of Development Planning: Mr Speaker, the provision of teachers to schools is an on-going exercise. In 2015, the Ministry of General Education indicated that it had received Treasury authority to employ 5,000 teachers. These teachers were distributed throughout the country. I am glad to hear that Liuwa has benefitted from that group of teachers. The Government will continue providing teachers to all the needy schools, especially in rural areas where our children have been disadvantaged for a long time.

I thank you, Mr Speaker.

Prof. Lungwangwa (Nalikwanda): Mr Speaker, Her Honour the Vice-President and Minister of Development Planning will pardon me if she has answered the question I am about to ask before. The Barotse plain is flooded. The Kariba Lake is equally flooded and the water levels have risen to higher levels. Even though that is the case, load shedding is inconveniencing our lives in the country. Apart from the excuse given about the low water levels, could there be any other explanation for the continued load shedding which has impacted negatively on our lives?

The Vice-President and Minister of Development Planning: Mr Speaker, the low water level in the Kariba Dam is real. It is not an imaginary situation. I think we were warned early last year that we may need three rainy seasons to fill up the Kariba Dam. Currently, the level has risen to only 12 per cent. This is not sufficient to generate electricity to the levels where we want it to be. The Government has taken measures to import more electricity from Mozambique. Load shedding may have been minimised, but is still with us for a little while.

Mr Speaker, I thank you.

Mr Simuusa (Nchanga): Mr Speaker, in view of the recovery or rebounding of the commodity prices, in particular, copper which is currently selling above the US$5000 mark and the revised mine tax regime, I would like to find out from Her Honour the Vice-President and Minister of Development Planning if there is any assurance from the Government that mining houses’operations on the Copperbelt will be restored to the normal operating levels.

The Vice-President and Minister of Development Planning: Mr Speaker, the rise in the copper price on the London Metal Exchange does not automatically guarantee any benefit to Zambia in the immediate term. It may take time for the country and mining industry to benefit from the rise in the copper price. We also have to be mindful of the fact that there were also reductions in the production of copper on the Copperbelt and North-Western provinces. It will take time for the real price of copper to rebound and for the benefits to be felt in the Zambian economy. So, it is a long process. It is not a day’s appreciation.

I thank you, Sir.

Ms Lubezhi (Namwala): Mr Speaker, following the revelations in the print media as well as the documents presented on the Floor of this House regarding the so-called classified or confidential documents concerning Timor Consulting, does Her Honour the Vice-President and Minister of Development Planning still has the audacity to stand up and say that she is not aware of the presence of this company in the country?

Hon. Government Members: Question!

Mr Speaker: I do not know if Her Honour the Vice-President and Minister of Development Planning heard the question. I did not get the last part of the question. Hon. Member, may you repeat the question, but before you do so, I have an appeal to make. Let us be civil. If you shout, even I will not listen. That is why we run into problems. If we follow the basic rules, we will avoid unnecessary problems. Hon. Lubezhi, may you repeat your question.

Ms Lubezhi: Mr Speaker, following all the revelations in the print media as well as the so-called classified and strictly confidential documents concerning Timor Consulting that were presented on the Floor of this House, I would like to find out if Her Honour the Vice-President and Minister of Development Planning still have the audacity to say Timor Consulting is not in this country.

Hon. UPND Members: Hear, hear!

The Vice-President and Minister of Development Planning: Mr Speaker, the hon. Member of Parliament for Namwala Parliamentary Constituency wants to over-rule your earlier ruling.

Hon. UPND Members: Question!

The Vice-President and Minister of Development Planning: Sir, I want to assure the hon. Member that the presence of this company in Zambia is neither known by myself nor by State House.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Livune (Katombola): Mr Speaker, the Patriotic Front (PF) Government has inflicted many painful moments on the citizens of this country. Not long ago, the officers in this Republic of Zambia embarked on an exercise to issue national registration cards (NRCs). The police officers and many other people who were engaged to conduct that exercise have not yet been paid their money. Is the Government not ashamed that people are in a miserable state because of its activity which was done in a clandestine manner?

The Vice-President and Minister of Development Planning: Mr Speaker, all the officers who participated in that exercise will be paid.

I thank you, Sir.

Mr Mutelo (Lukulu West): Mr Speaker, the people of Lukulu, Mitete and Mumbezhi are still wondering when the Katunda/Lukulu/Mumbezi Road will be worked on just as the other roads in other parts of the country. The roads which have been worked on have been commissioned by the President. So, when is the construction of the Katunda/Luluku/Mumbezhi Road going to be commisioned by President Edgar Chagwa Lungu?

The Vice-President and Minister of Development Planning: Mr Speaker, works on the Katunda/Lukulu/Mumbezhi Road will be commissioned when all the procurement processes have been completed and this should be after the rainy season ends.

Mr Speaker, I thank you.

Mr Hamudulu (Siavonga): Mr Speaker, about two months ago, I asked a question concerning the whereabouts of Judge Lovemore Chikopa. I also asked if the Government was satisfied that taxpayers’ money was spent for the right cause when that particular Judge was paid. Her Honour the Vice-President and Minister of Development Planning came and informed this House that the nation would be informed about the outcome of that particular case and also on issues surrounding the many other commissions of inquiry that were held when the Patriotic Front (PF) Government came into power. When is the Government going to avail this information to the nation?

The Vice-President and Minister of Development Planning: Mr Speaker, all the commissions of inquiry undertaken by any Government are very important. It is very important for the citizens to know the outcomes of these inquiries. So, I want to assure the hon. Member that the findings of these inquiries will be brought to the House at an appropriate time.

I thank you, Sir.

Mr Lufuma (Kabompo West): Mr Speaker, since the Patriotic Front (PF) Government came into power in 2011, the external debt ceiling has been raised by 800 per cent. In 2011, the debt ceiling was K20 billion. Consequently, three requests by the hon. Minister of Finance have raised it from K20 billion to K35 billion. It was again raised from K35 billion to K60 billion and then to K160 billion. This is a whooping US $14 billion in four years.

Sir, my single and simple question is: Could Her Honour the Vice-President and Minister of Development Planning confirm that by this single act, this nation indeed, has, run out of cash and is broke. Could she also confirm that this is why there is an urgency in bringing in the International Monterey Fund (IMF) to give us a dosage to survive. 

Hon. UPND Member: Hear, hear!

Mr Lufuma: Sir, could Her Honour the Vice-President and Minister of Development Planning also confirm that this is why the Constituency Development Funds (CDF), which is a legal requirement, has been suspended by this PF Government.

Mr Speaker, now,...

Mr Speaker: Hon. Member, I have been very liberal and allowed you to ask two questions. So, I do not think I will allow further questions.

The Vice-President and Minister of Development Planning: Mr Speaker, Zambia is a member of the International Monetary Fund (IMF). The IMF can come to this country at the invitation of the Zambian Government to engage it in discussions regarding the fiscal policies and economy of the country. So, it does not mean that the IMF has been called to Zambia because the country is broke.

Sir, secondly, the borrowing that this Government has undertaken is within the limit of its borrowing capacity. I do not think that any Government, including the Zambian one, can borrow beyond the limit under which it is allowed to do so.

Mr Speaker, I thank you.

Mr Speaker: Her Honour the Vice-President and Minister of Development Planning, there was a question on whether the CDF has been suspended as a result of, ...

Mr Lufuma: ... the country being broke.

Laughter

Mr Speaker: Hon. Member, please, let us follow the simple rules because once they are not followed, you will be the first one to complain.

The Vice-President and Minister of Development Planning: Mr Speaker, I thought the Constituency Development Fund (CDF) was given as an example. The CDF for 2016 will be released as soon as funds are available.

I thank you, Sir.

Hon. UPND Members: It is for 2015.

The Vice-President and Minister of Development Planning: It is for 2016.

Interruptions

Mr Speaker: Order!

Her Honour the Vice-President and Minister of Development Planning, please, take a seat. Let me provide guidance. The hon. Minister of Local Government and Housing dwelt on this issue in here. I remember very clearly in my mind him saying that he was not sure whether they would fulfil their obligations for 2015.

Interruptions

Mr Speaker: Why? It is because of fiscal issues. So, why should we go over a subject on which a response has been given?

Interruptions

Mr Miyanda (Mapatizya): Mr Speaker, driving through the Kalomo/Kabanga/Mapatizya Road, a stranger would think the people of Mapatizya and Kalomo are heavily investing in crocodile farming because of the huge potholes.

Laughter 

Mr Miyanda: Sir, the United National Independence Party (UNIP) and Movement for Multi-party Democracy (MMD) Governments worked on that road because of its economic value. This is why we have the world’s finest university. Why is the Patriotic Front (PF) Government unwilling to work on such an important economic road?

The Vice-President and Minister of Development Planning: Mr Speaker, if the previous Governments had done a good job on the Mapatizya Road, it should have been in a good condition up to now. If the road now has potholes, it means the work was not well done. Nonetheless, works on the Mapatizya Road are in the plans of the Ministry of Transport and Communication. That road will be worked on.

I thank you, Mr Speaker.

Mr Mufalali (Senanga): Mr Speaker, the last time Her Honour the Vice-President and Minister of Development Planning was asked about Timor Consulting Company, she denied having any knowledge of its existence. However, The Post newspaper produced two letters indicating correspondence between State House and Timor Consulting Company. Does she think the production of these two letters indicates that there is something happening between State House and Timor Consulting Company or this was mere malicious production by The Post newspaper?

The Vice-President and Minister of Development Planning: Mr Speaker, it is mere malicious production by whoever it is because those are forged letters. They are not authentic. No one has come to this House with an authenticated document to show that those letters originated from State House. If I was allowed, I was going to use a different word, but I will simply say that those letters are not genuine.

Mr Speaker, I thank you.

Mr Miyutu (Kalabo Central): Mr Speaker, for the first time since 1964, the cost of living in this country has become very high. Currently, the inflation rate is beyond 21 per cent. Does Her Honour the Vice-President and Minister of Development Planning have hope that in future, the Zambian people will regain the good life they had in the past?

The Vice-President and Minister of Development Planning: Mr Speaker, the hon. Member is aware that the rise in the inflation rate has been triggered by many factors, including the fluctuation of the exchange rate between the kwacha and other major currencies. The Government is diversifying the economy and from this effort, Zambia will be able to manufacture goods and stop overdependence on imported items. 

Sir, we do not print United States (US) Dollars in this country, but we have to buy things from outside the country using US Dollars and this is putting pressure on our kwacha. The export earnings from the mines were very low in the past year and we were not earning enough foreign exchange to buttress the economy.

Mr Speaker, the hon. Member of Parliament should, therefore, know that the future is very bright. I have mentioned this before based on the economic indicators that we see on the horizon.

I thank you, Sir.

Mr Muntanga (Kalomo Central): Mr Speaker, is the Government going to sue The Post newspaper for printing those malicious letters and if so, when?

Mr Mwila interjected.

Mr Speaker: Order, hon. Minister!

Her Honour the Vice-President and Minister of Development Planning will respond.

The Vice-President and Minister of Development Planning: Mr Speaker, that issue is new.

Hon. UPND Members interjected.

The Vice-President and Minister of Development Planning: Sir, it does not mean that if you do not sue, then you are in the wrong or accept responsibility. I do not accept responsibility and I can assure the hon. Member that the information in the letters in question was not real.

I thank you, Sir.

____________

QUESTIONS FOR ORAL ANSWER

GRADE 12 CERTIFICATES

369. Mr Mtolo (Chipata Central) asked the Vice-President and Minister of Development Planning:

(a)    whether the interpretation of the minimum academic qualification of a Grade 12 Certificate or its equivalent, being undertaken by the relevant authorities had been concluded;

(b)    if so what the interpretation was; and

(c)    if it had not been concluded, when the interpretation would be concluded, considering that political parties had started receiving applications for nominations.

The Deputy Minister in the Office of the Vice-President (Mr Bwalya): Mr Speaker, the legal interpretation of the minimum academic qualification of a Grade 12 Certificate has not been concluded by the Ministry of Justice, which is the authorised Government institution to provide the legal interpretation of the provisions of the law. In this regard, the Ministry of Justice is in the process of finalising the interpretation of the said provision in consultation with other relevant institutions. We expect a conclusive interpretation by the end of the third week of March, 2016.

Mr Speaker, I thank you.

Mr Mtolo: Sir, I am grateful …

Mr Mwiimbu: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Mwiimbu: Mr Speaker, thank you for according me this opportunity to raise a point of order pertaining to the procedures, rules and integrity of this House. I am aware of the fact that rulings have been made by various presiding officers in this House pertaining to raising points of order and, in particular, on issues dealing with the media and tabling of documents on the Floor of this House.

Mr Speaker, I am aware that Hon. G. B. Mwamba, Member of Parliament for Kasama Central…

Interruptions

Mr Speaker: Please, correct that position.

Mr Mwiimbu: Former Member of Parliament for Kasama Central…

Hon. Government Members: Hear, hear!

Mr Mwila: Bwekeshapo!

Interruptions

Mr Speaker: Order!

Order, on the right

Mr Mwiimbu: … was made to leave this House via newspaper articles. There was no letter that was written to this House. The former hon. Member of Parliament for Matero, Mr Miles Sampa, lost his seat in this House via newspaper articles. I, Jack Jacob Mwiimbu, Member of Parliament for Monze Central, was punished by this House as a result of a newspaper report.

Mr Speaker, we are aware also that the hon. Minister of Finance, on 9th March, 2016, through an advert in the Daily Nation did cast aspersions on a ruling. I have a newspaper report here questioning the ruling you, Mr Speaker, made regarding what the hon. Minister of Finance said while on the Floor of this House. I am aware that a number of hon. Members of Parliament have been punished for making similar comments to the one the hon. Minister of Finance made.

Mr Mufalali: Hear, hear!

Mr Mwiimbu: Mr Speaker, we are also aware that issues that appear in newspapers, like the one on Timor Consulting Company, where evidence has been adduced and laid on the Table of the House, have in the past been taken seriously. 

Hon. Opposition Members: Hear, hear!

Mr Mwiimbu: Mr Speaker, is the House in order, to be so inconsistent …

Mr Mutale: Question!

Mr Mwiimbu: … by not taking into account previous rulings? Is this House in order to be so inconsistent and be seen to be protecting Members of the Executive when it comes to flaunting regulations that guide this House?

Hon. UPND Members: Hear, hear!

Mr Mwiimbu: Mr Speaker, is this House in order to do such things? When it comes to matters related to the conduct of those on the right hand side, this House is very slow to take action, but when it comes to hon. Members on the left, the Presiding Officers, are so quick to punish …

Ms Lubezhi: Hear, hear!

Mr Mwiimbu: … them.

Hon. Opposition Members: Hear, hear!

Mr Mwiimbu: Those on the right hand side of the Speaker are never punished. There is always a way of coming out to protect them. Are we in order to have double standards, to be inconsistent and to lower the dignity of this House? 

I need your serious ruling, Mr Speaker.

Hon. Opposition Members: Hear, hear!

Mr Livune: Timor!

Mr Speaker: I am very slow to start this ruling because of the time before we go for break. I do not know what the Clerk would advise me to do.

Mr Livune: We can give you time, Sir.

Mr Speaker: No! I will render my ruling ex tempo.

I will do it ex tempo, but I do not have the time.

Laughter

Mr Speaker: Order!

Business was suspended from 1045 until 1100 hours.

[MR SPEAKER in the Chair]

Mr Speaker: Hon. Members, before we went on break, I was just about to render an ex tempo ruling and I will proceed.

Hon. Members, ordinarily, I would have wanted to reflect on the point of order so that I would supply a great deal of detail. I have elected to render an ex tempo ruling because this is the last day for this meeting. I think it is also important as we go back to the constituencies to be clear in our minds about certain matters.

The thrust or gist of the point of order raised by the hon. Member for Monze Central is a suggestion that following, implicitly, my ruling this morning, that I will not rely on newspaper accounts of whatever descript, that are far from the truth. What is being implied by the hon. Member who has raised the point of order is far from the truth. I will demonstrate what I am saying by repeating what I said early this morning. As usual when I start in the morning, I do not have everyone of you present. For those of you who may have missed the ruling I made this morning, which is connected to what is being suggested in this point of order, I will quote what I stated this morning which is:

“Hon. Members, I would go further and add that I would be very slow, nay, exercise utmost circumspection before making a factual determination based on the publications by the media, because I have no means or opportunity at my disposal to assess or test the veracity, authenticity or otherwise of such publications.”
 
When I was making this formulation, I reflected upon it.

I do not want to go into my experience. There is no way I could have closed the door on information from newspapers. I simply said that I would approach matters cautiously. It is not only in this event that I am taking caution. I have proceeded that way on many occasions in the past. As I said, if I had not rendered this ruling ex tempo, I would have supplied more information. 

There are some rulings where I have assigned the Clerks-at-the-Table to investigate certain matters. The case in point is the ruling I rendered in relation to the hon. Member for Roan and Minister of Information and Broadcasting on the point of order raised by the hon. Member for Mazabuka Central. I delayed it because I wanted to investigate certain matters, especially those that were said to have been reported or vocalised at radio stations. I gave an outline. I also gave you the results of that investigation.

 I am very slow and always will be. Please, get what I am saying correctly. It is a misrepresentation of facts to suggest that I have closed the door on newspaper articles. I will treat them with caution for the reasons which I have already given. I will repeat what I said that the Zambian media is polarised. We all know that.

Laughter

Mr Speaker: If we went into the history of the last four years, we would notice that certain sides I do not want to mention have complained about certain media. I do not want to go there. I do not want to go into the complaints or insinuations. Let us not forget about the complaints that we made in the past. Both sides have complained before. 

Secondly, a number of examples were given, but I will take two that regard the former hon. Member for Kasama Central and former hon. Member for Matero. Yes, I can confirm that in both cases, obviously, I declared those seats vacant. Maybe, you may not have been following the events closely then, but since you have raised the issues, let me respond. 

In the case of the former hon. Member for Kasama Central, there was a press conference that was televised. There were cameras.

Laughter

Mr Speaker: It was broadcast on news. The Speaker also, if I may inform the nation, watches these things.

Laughter

Mr Speaker: Similarly, in the case of Mr Miles Sampa, there were televised events. Apart from seeing televised material, I instruct the Clerks-at-the-Table to secure copies of those visual and audio productions and we keep them. So, there are certain decisions that are based on my senses. I also have five senses. I can smell, see and hear. I really do not have to rely on information from newspapers. I can see for myself. 

Again, it is utterly unfair to suggest that in this case, a different standard, I do not know from where, was applied other than merely following what the hon. Member said, i.e., “I have accepted this position. I have been honoured to be given this position” I even quoted that in the ruling. I watched this on television. 

I can read between the lines that the issue at hand, which has prompted this point of order, is in a different category. I have explained the Commonwealth practice with regard to challenging rulings. This is unique. I can challenge any one of you to go into the Hansard and see if you will find that procedure outlined. So, when a matter of this sort is raised, I think that we should take time to reflect even if it may not seat well with us in terms of our political agenda.

Before I conclude, I want to address the other insinuation that I am partial. This is what it simply boils down to, that, as I seat here, although I am in the middle, designed so deliberately, I am, in fact, inclined to the right and that I protect the right.

Hon. UPND Members: Yes!

Mr Speaker: It was only last week that I rendered a ruling in which I ruled the hon. Minister of Information and Broadcasting out of order. This followed a point of order raised by the hon. Member for Mazabuka Central. I have not had enough time to go into the history. If I went into the history of the proceedings from 2011, when I assumed office as Speaker, I would find several other rulings where I have ruled your colleagues on the right out of order. 

Even here, is it not a practice when we are doing this census “2:0, 1:0, 3:0” How do you come to those scores?

Laughter

Mr Speaker: I follow it. How do you come to 2:0? You always say it from the left side. 

Anyway, as regards protecting the right, I will say that even on the left, there are running commentaries. 

Mr Livune laughed. 

Mr Speaker: I am not pointing at you, hon. Member. There is some commentary on the left and the hon. Member knows himself, but I will not mention him. The last four years, in his own language, he has referred to the people on the right as thieves. 

Hon. Opposition Member: Kimasholi.

Mr Speaker: Let us be fair when we make these insinuations. This morning, there were running commentaries even when Her Honour the Vice-President and Minister of Development Planning was speaking. There have been many occasions when I have not taken drastic steps in relation to certain insinuations. In many cases, I have opted to offer counsel instead of taking drastic action.

Lastly, if we feel dissatisfied that the Speaker of the National Assembly has made a ruling which we are not happy with, we have a contract, the Standing Orders. 

Mr Speaker lifted the Standing Orders Book.

Mr Speaker: This is our contract. If you are not sure, you go to Clause 61. I will read it for the record:

“61 (1) Subject to Standing Order 62, any Member who wishes to challenge the decision    
             of the Chair shall do so by moving a substantive Motion.

     (2) the substantive Motion referred to in Paragraph (1) may not be debated in the          House unless the Committee on Privileges, Absences and Support Services has so resolved that it be tabled before the House.”

It is clear that this point of order is as a result of dissatisfaction of the ruling I rendered this morning. I think that the most appropriate course of action to take, hon. Members, is just to follow the Standing Orders. We have not yet dissolved. We have another meeting in April which will run up to 11th May, 2016. Such a grievance, as is here, will be addressed following the Standing Orders.

You can raise a point of order. I will entertain it. I hope that I have also cleared certain allegations. As I conclude, I will leave the question of my partiality to posterity. Posterity will judge me.
 
Hon. Government Members: Hear, hear!

Mr Mtolo: Mr Speaker, in her response, Her Honour the Vice-President and Minister of Development Planning confirmed that the Ministry of Justice has not yet concluded the matter of interpreting the Grade 12 Certificate or its equivalent. Can she also confirm that the document which was allegedly circulated by the Examinations Council of Zambia (ECZ), which interprets the Grade 12 Certificate or its equivalent, cannot continue to be used in this discourse. With your indulgence, Sir, I would be happy if you allowed Her Honour the Vice-President and Minister of Development Planning to repeat the answer to part (c) of the question when the interpretation of this issue will be concluded. 

Mr Bwalya: Mr Speaker, like I answered earlier, the relevant institutions are all concerned to ensure that the interpretation of this matter is handled within the confines of the law. This is a legal matter as provided for in the amended Constitution. Therefore, the legal opinion on this matter is very cardinal. As regards the document that the Examinations Council of Zambia (ECZ) has circulated, it is coming from the academic world and is supposed to be regarded as such. The Attorney-General or the Ministry of Justice will give us the legal interpretation of the matter. I have already mentioned that we expect that to be done by the third week of March. 

I thank you, Sir. 

Mr Mweetwa (Choma Central): Mr Speaker, I have just come back from the Examinations Council of Zambia (ECZ). When I was there, I found queues of people from all over the country trying to have their certificates validated. Is the Government considering decentralising the operations of the ECZ in order to make it convenient and practicable for all those who are willing to apply for various positions to have their certificates validated at the most minimum inconvenience? 

Mr Bwalya: Mr Speaker, indeed, some people have travelled long distances from certain places in our country. This situation is causing congestion at the Examinations Council of Zambia (ECZ). The ECZ will have to work out modalities of whether it will be able to decentralise its operations to provincial headquarters. That decision has not yet been made. On the other hand, the authentication of the certificates is done in Lusaka because there is a danger that decentralisation may bring about other difficulties in this exercise. We will try to engage the relevant institution, in this case ECZ, to see whether there is a possibility of it decentralising this exercise. 

I thank you, Sir.  

Mr Namulambe (Mpongwe): Mr Speaker, the hon. Minister has mentioned that the Ministry of Justice is going to help interpret what is meant by Grade 12 Certificate or its equivalent. The hon. Member for Chipata Central Parliamentary Constituency said that there is a document from the Examinations Council of Zambia (ECZ) which has interpreted the Grade 12 Certificate issue. Yesterday, I got my Grade 12 School Certificate and I borrowed my friend’s General Certificate of Education (GCE) to compare them. The GCE has four subjects with one pass while mine has seven subjects comprising merits and credits. So, when they say Grade 12 Certificate, what certificate are they looking for because the two I have mentioned are certificates, but with a different number of subjects on each certificate. What legal interpretation is needed? 

Mr Bwalya: Mr Speaker, it is because of such intricacies that we are looking for a legal interpretation. This is a constitutional matter. People from the Zambia Qualifications Authority, Higher Education Authority and Examinations Council of Zambia (ECZ) and the legal fraternity are involved in this matter. We want to ensure that we are on the same page in terms of interpreting what constitutes the GCE, school certificate and the Cambridge Certificate. We are appealing to our colleagues to give us time so that the legal minds can give us the way forward. 

I thank you, Sir. 

Interruptions 

Mr Speaker: Order!

Let me provide guidance. I am managing proceedings. Sit down. The time now is 1122 hours. Ordinarily, we have to go up to 1255 hours. There is a Motion in between which will enable us to go beyond time. If we do not dispose of that Motion on time, we will have a crisis. I have also been following very closely the responses from the hon. Minister, as usual. He may not have the many answers that you are looking for because there is consultation going on. There are some authorities which are being engaged. The reason I am making this point is that I have got a long list of people I have already identified. Please, let us avoid repetitions, especially getting the hon. Minister to repeat himself. I have heard him constantly say, “We are consulting. We need clarification.” That seems to be his message, but anyway, you have the right to ask questions so I will allow you to proceed. 

Mr Muchima (Ikeleng’i): Mr Speaker, is the Constitutional Court among the stakeholders the Government is consulting, over this pertinent issue of the Grade 12 Certificate? 

Mr Bwalya: Mr Speaker, I am aware that the Constitutional Court is yet to be established. I am also aware that one Motion today is dealing with the appointment of Judges to that court. As a result of this, the Attorney-General will be able to guide us as to whether this issue will be referred to the Constitutional Court at an appropriate time. 

I thank you, Sir. 

Mr Ndalamei (Sikongo): Mr Speaker, if I heard the hon. Deputy Minister correctly, he talked about the Ministry of Justice. What time frame is the Ministry of Justice working with to interpret this minimum academic qualification of a Grade 12 Certificate to the people since elections are around the corner?

Mr Bwalya: Mr Speaker, at the risk of repeating myself, I did mention that we expect a response or legal opinion by the 3rd week of March, this year. 

I thank you, Sir.  

Mr L. J. Ngoma (Sinda): Mr Speaker, I would like the hon. Deputy Minister in the Office of the Vice-President to take note that the Examination Council of Zambia (ECZ) is part of the Government, particularly, the Executive. 

Yesterday, Sir, there was a press briefing by the ECZ, chaired by Professor Samuel F. Banda, at some place here in Lusaka. Hon. Minister, are you telling us that from now onwards, whatever was said at that press briefing should be trashed and that the ECZ should not comment on this issue until that legal opinion is rendered? 

Mr Bwalya: Mr Speaker, that is not what I am saying. Whatever the ECZ said is authentic, as …

Interruptions

Mr Bwalya: Hello!

… it is still from an academic point of view. 

Mr Speaker, we need a legal opinion on this matter. The press conference that was held is supposed to be regarded as such. There is no need to throw away the document that has been issued by the ECZ. It is guiding us and also telling us about the requirements we expect when it comes to the interpretation. So, when the legal opinion comes, it will put the matter to rest. This is what I said. Do not throw away any document because there are various stakeholders who are looking at the matter from different angles. 

I thank you, Sir. 

 Mr Hamudulu (Siavonga): Mr Speaker, the whole thing is getting confusing. The Electoral Commission of Zambia (ECZ) and the Examination Council of Zambia (ECZ) are Government institutions just like the Ministry of Justice. 

Sir, can the three institutions come together so that they arrive at one common position rather than wasting people’s time because people will travel far and wide to come and do this exercise and may simply be told, after this legal opinion is rendered, that they wasted their time and money? This is not fair. Are they aware of the anguish which they are causing for many Zambians who are pursuing this process and have no information at their fingertips?

Mr Bwalya: Mr Speaker, certifying a document is one thing. Certifying a true copy of the original certificate is another. Interpreting what is contained on that particular certificate is yet another aspect. 

Sir, in this regard, we are saying that can we allow the chief legal advisor of the Government, the Attorney-General, to give his legal opinion? Those that want to certify their documents to check whether they are authentic and original can do so as it is a requirement. This is the exercise which is going on right now. 

Sir, people will only be accepted as candidates based on the interpretation that will be given by the legal minds. Let us secure the certified copies so that when that time comes, we just pick them up and move on. 

Mr Speaker, I thank you. 

Hon. Government Members: Hear, hear!

Mr Lufuma (Kabompo West): Mr Speaker, the certification of these documents right now is in connection with the upcoming elections. It is unprecedented because you cannot get politicians to travel all the way from Kabompo, for instance, to certify a Grade 12 Certificate for nothing. We are certifying our certificates because of the general election that is coming. 

Mr Speaker, can the hon. Minister be categorical and state whether or not this certification must be undertaken and whether it is in connection with the elections that are coming. 

Mr Bwalya: Mr Speaker, this certification must be undertaken, and yes, it in line with the election that is yet to take place on 11th August, 2016. There is a provision in the amended Constitution that a Grade 12 Certificate must be presented in order for someone to stand in the elections. It will not be accepted at that time when the nominations are being carried out if the certificate has not been certified by the ECZ. We will know about the other details after the legal opinion has been rendered. For now, let us certify the certificates and keep them safely. 

I thank you, Sir. 

GRADE 12 EXAMINATIONS

369. Mr Muntanga (Kalomo Central) asked the Minister General Education: 

(a)    when the GCE and Grade 12 Examinations for 2016 would be undertaken; and 

(b)    whether there had been any changes in the dates for the examinations compared to the previous years. 

The Deputy Minister of General Education (Mr Mabumba): Mr Speaker, I wish to inform the House that the General Certificate of Examination (GCE) will take place from 1st July to 9th August, 2016, while the Grade 12 School Certificate Examinations will take place from 25th October to 1st December, 2016. 

Sir, there have been no significant changes in the dates for examinations compared to the previous years. In the case of the 2016 GCE, the dates, as indicated in part (a) of the question were arrived at to avoid them coinciding with the General Election to be held on 11th August, 2016. 

Mr Speaker, it is important to mention that hon. Members of Parliament and the general public should be aware that many of our schools are used as polling centres and many teachers participate as invigilators in the GCE and in the conducting of the elections as retaining officers.

I thank you, Sir. 

Mr Muntanga: Mr Speaker, since the hon. Deputy Minister has said that there have been no significant changes in the dates, does this include any examinations being conducted before 1st July, 2016?

Mr Mabumba: Mr Speaker, I want to assure Hon. Muntanga that the examinations are a public event which cannot be conducted secretly. Obviously, the people who will be marking would leak this information as they belong to different political groupings. So, the examinations will be conducted from the dates that I mentioned which are 1st July to 9th August, 2016. 

Mr Speaker, I want to urge the general public and hon. Members of Parliament not to take issues of examinations to the social media because that will undermine the integrity of the ECZ. This institution which is under the Ministry of General Education has done so much work. In the past, examination results used to be released very late. Today, the results are released way before the schools announce them. Today, a pupil is able access his or her results using the Short Messaging System (SMS). So, the institution has done a lot of work and we should not, as a House or general public, undermine the amount of work that it has put in. 

Mr Speaker, I just to assure my colleagues that examinations are going to take place as scheduled and obviously time-tables will be published in the newspapers. 

I thank you, Sir. 

Hon. Government Members: Hear, hear!

Mr Lufuma: Mr Speaker, taking this adjustment into account, will there be an equal adjustment in the release of the examination results?

Mr Mabumba: Mr Speaker, the results will be released after the marking has been done. The release of these results will go into September, 2016.

I thank you, Sir.

Mr Namulambe: Mr Speaker, what measure will be put in place to ensure that people who were in school a long time ago are not aided in writing examinations? There may be situations whereby somebody may be paid to write examinations for someone else. 

Mr Mabumba: Mr Speaker, there are standard measures put in place in as far as the writing of examinations is concerned. One needs to present an identity card before they are allowed to write that examination.

I thank you, Sir.

Mr Mufalali (Senanga): Mr Speaker, a certificate is issued to those who successfully complete the Grade 12 examinations, but the country does not still seem to know much about certificates or examinations. What is the ministry doing to ensure that people are knowledgeable about this subject and have no excuses, such as suggesting that a legal opinion should be given in order for people to understand what a Grade 12 Certificate is?

Mr Mabumba: Mr Speaker, the ECZ is an independent statutory body within the Ministry of General Education. Therefore, the ECZ works with other stakeholders in order to fulfil its mandate which includes its role in the interpretation of the certificates. 

Sir, the ECZ is also responsible for sensitisation on what a certificate means. I believe that it regularly sensitises people on that. Examination timetables are placed in newspapers so that each individual in Zambia is aware of when the examinations are going to be conducted. The ECZ is also responsible for the issuance of certificates.

Mr Speaker, this Grade 12 Certificate related Clause is the first of its kind. That is the reason why my colleague was saying that we need wider consultation on it so that we have one voice, be it from the ECZ, the Attorney-General’s Chambers or the Constitutional Court which is yet to be set up. 

I thank you, Sir.

MEALIE MEAL SHORTAGE 

371.    Mrs Masebo (Chongwe) asked the Minister of Agriculture:

(a)    whether the Government was aware that there was a shortage of mealie meal in some parts of the country;

(b)    if so, what the cause of the shortage was; and 

(c)    what measures were being taken to avert the shortage.

The Deputy Minister of Agriculture (Mr Ng’onga): Mr Speaker, the Government is aware that some border towns in the country have experienced sporadic shortages of mealie meal. The situation is a result of some millers opting to smuggle mealie meal to neighbouring countries. The commodity is fetching higher prices in other places in the region due to a serious shortage of the commodity in those countries.

Sir, the Government has put a maize sales programme in place through which 101 millers are accessing subsidised maize from the Food Reserve Agency (FRA) across the country. With the commencement of the FRA maize sales programme, an adhoc pricing monitoring committee was set up to monitor the sale and prices of maize and mealie meal for participating millers. The millers who have breached the contract have had their contracts terminated and shall be blacklisted from dealing with the FRA maize for two consecutive seasons.

Mr Speaker, the FRA will publish the list of the millers that are still participating in the Government maize sales programme. In addition, an inter-ministerial committee has been set up to monitor the utilisation of maize to ensure compliance to contractual guidelines. Sub-committees at provincial and district levels are also being constituted to carry out regular border patrols and price check-ups.

I thank you, Sir. 

Mrs Masebo: Mr Speaker, the decision to reduce the price of maize has had a negative impact on the market because when the price becomes lower than the cost, people tend to smuggle the commodities to countries that offer higher prices. Is this problem not being compounded by the fact that the Government has allowed the exporting of maize to countries like Zimbabwe? President Mugabe has been quoted as telling his people not to panic because they were going to get adequate maize supplies from Zambia. Is that part of the reason we are experiencing shortages in Zambia? 

Mr Ng’onga: Mr Speaker, there are no compounding issues which should warrant price increases that should worry Zambians. The exports which Hon. Masebo was referring to might be part of the normal trading transactions which take place. There are some traders within the maize marketing programmes, who have had their own maize that was purchased during the time we had a lot of grain on the market. These traders have entered into agreements to sell this commodity to our neighbouring countries. Transactions of that nature have not been affected. We are only concerned about the breaking of the agreements that were agreed upon between the Food Reserve Agency (FRA) through the Ministry of Agriculture and the millers. We are talking about the national food security stock which is sufficient to cover our people within the country up to August, if there is no harvest, whatsoever. 

Mr Speaker, within the controlled prices which have been agreed upon with the millers, we should be able to have our people buying the commodity at reasonable prices. Unfortunately, there are greedy Zambian traders and not the millers who are trying to take advantage of this opportunity to get this commodity out of our borders into the neighbouring countries. There is very little that we can do apart from putting in place the measure which we have already implemented. This will ensure that the millers also protect their businesses and their brands because the smugglers are getting subsidised maize from the Government.

I thank you, Sir.

Hon. Opposition Members indicated.

Mr Speaker: I have to be time conscious.

Mr Kazabu (Nkana): Mr Speaker, the law of demand and supply teaches us that when demand outstrips supply, the price goes up. In the reported areas, where there are shortages of mealie meal, how have the prices of this commodity been affected?

Mr Ng’onga: Mr Speaker, again, if we are following the law of supply and demand, you will notice that due to the demand that we have in communities, in places such as Mpulungu, Chipata up to Kasumbalesa, the supplies that we have are sufficient and the prices would have actually been within reach. However, because of the demand that is in the surrounding areas, which is not literally in Zambia, businessmen are finding ways and means of trying to smuggle this commodity out of the country where it is fetching a lot of money. We are basically having an induced demand. It is not demand from our local people. Within our normal supplies, we should be in a position to meet the local demand. We have been moving around in some of these areas and we have found out that some businessmen or traders have even been mobilising and paying people to go and queue up for mealie meal so that they can export it. I, therefore, wish to appeal to people not to allow themselves to be used because this food that we have is for us Zambians. This will enable us to get up to the harvest and beyond without necessarily going through induced demand. Hon. Member, it is an induced demand that has increased the prices because of artificial shortages that are arising.

I thank you, Sir.

Mr Namulambe: Mr Speaker, yesterday, we tackled a similar question in this House. This morning again, I asked Her Honour the Vice-President and Minister of Development Planning a similar question which has come up again. This simply means that there is a problem in this country. During rainy seasons, people feel very hungry. Mr Speaker, if you invite me at your house and you do not give me nshima, I will say you have not given me food.

Mr Speaker: Now, you are putting me in your debate.

Laughter

Mr Namulambe: Mr Speaker, I am sorry. Why is the hon. Minister saying that what we are experiencing is induced demand when it is the people who are finding it difficult to get the mealie meal? What is this Government doing to ensure that the Zambians get the mealie meal? I remember that this issue of smuggling mealie meal has not been there in the past few years. It has not been there even in the past years. What is the hon. Minister doing to ensure that this issue is sorted out once and for all because if we do not deal with it now, we will continue asking similar questions in this House? Mr Speaker, I wish to request the hon. Minister of Agriculture himself, to address this issue.

Laughter

Mr Speaker: No! You do not have that prerogative, unfortunately. If he himself elects, yes, but you cannot direct him.

The Minister of Agriculture (Mr Lubinda): Mr Speaker, …

Mr Speaker: He has so elected.

Laughter

Mr Lubinda: Mr Speaker, I have elected to answer the question. I am sure that my colleague, Hon. Ng’onga, would have answered the question even better than me. 

Sir, Zambia is not an island. That is one fact that must be established. International commodity prices have a bearing on the prices locally. Yes, in previous years, there was no smuggling of mealie meal and maize because all the other countries in the sub-region had sufficient maize stocks of their own. This year, unfortunately, all our neigbouring countries, except the Republic of Tanzania, are in short supply of this very important commodity. That is the pressure that has been exerted on the maize that is locally available. 

Sir, with regard to the issue that the prices have been induced by exports, that is far from the truth. The exports have not induced any increase in price because the millers, traders and farmers are aware of the import parity price of this commodity. At the time when the farmers were harvesting the maize, the Food Reserve Agency (FRA) set a price. That is the price at which we bought the maize. The traders were also buying maize and were doing so at a price as close as possible to the import parity price. Like I said yesterday, Sir, and I hope that people were listening, had we not allowed the exporting of 600,000 metric tonnes of maize last year, I am afraid that this year, we would have been complaining about more than 20 per cent wastage of maize. We have already indicated the programme that we had entered into to try to ensure that the Zambian people can access mealie meal at affordable prices. One is the release of the FRA maize at a price of K85 or K1,700 per metric tonnes and the other programme that my colleague has clearly enunciated.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mutelo (Lukulu West): Mr Speaker, as much as this maize is subsidised, does the hon. Minister not think that the increase in the electricity tariffs on the commercial basis is also affecting the millers?

 Mr Lubinda: Mr Speaker, due to gravity of time, the quick answer is no because at the time we had agreed on the prices, the tariff was already considered.

 I thank you, Sir.

 Mr Hamudulu: Mr Speaker, I really want the hon. Minister to honestly answer my question. 

Sir, does the hon. Minister think that by regulating and monitoring of the prices of meal meal and the banning or arresting of one or two of the erring millers the ministry is going to contain the situation in terms of prices and the illegal exportation of the commodity? The hon. Minister should consult the former President, Dr Kaunda, who is still alive about price controls. If he cannot reach him, Hon. Chikwanda is here, he can consult him. Does he think that the measures he has put in place will stop the illegal exportation of mealie meal and maize?

Mr Speaker: Order!

The hon. Minister of Agriculture as I know him, he usually answers honestly. Therefore, there is no need to make that qualification.

 Mr Lubinda: Mr Speaker, my honest opinion is that we will stabilise the market if politicians, especially from the Opposition desist from making alarming statements about the food insecurity in the nation.

Sir, the trouble is that there are some politicians who have given themselves the liberty to create an impression that Zambia is food insecure and starving thereby encouraging people to engage in practices that are inimical to the interests of Zambians. I would like to appeal to Opposition parties to desist from using food as a way of winning cheap votes.

Mr Speaker, the truth of the matter is that we are food secure. Nobody should be encouraged in any way to hold on to mealie meal or unnecessarily increase prices. We are interfering in the market because the commodity that is being used was paid for by taxpayers. The Government has never intervened in the controlling of the price of beef because livestock farmers are selling it at the appropriate price. We are intervening on this issue because the maize we are talking about was paid for by the taxpayers of Zambia. That is my honest opinion.

 Mr Speaker, I thank you.

ZESCO LIMITED PROFITS

372. Mr L. J. Ngoma (on behalf of Mr Mbewe) (Chadiza), asked the Minister of Energy and Water Development:

(a)    whether ZESCO Limited declared any profits in the 2014 financial year;

(b)    if so, how much money was declared;

(c)    whether dividends were paid to its shareholders; and

(d)    what future development plans the company had in light of the reduced power production as a result of partial drought.

The Deputy Minister of Energy and Water Development (Mr Zulu): Mr Speaker, I wish to inform the House that the Zambia Electricity Supply Corporation (ZESCO) declared profits in 2014, Financial Year. The utility company declared profits after paying tax amounting to K323 million as per audited financial statements for 2014. The House may wish to know that no dividend was declared to the shareholders.

Sir, the company has put in place the following short/medium and long term measures in light of the reduced power production as a result of the partial drought:

Short Term Measures (Importation of Power)

Source        Type        Capacity        Contract Period
                     MW

EDM        Hybrid        80-150            Jan, 2016 – Dec, 2017

Aggreko    LNG        148            Sept, 2015 - Dec, 2015

Aggreko    LNN        40            Jan, 2016 – Dec, 2016

Karpowership    HFO        100            Jan, 2016 – Dec, 2017

ESKOM    Hybrid        50-300            Jan, 2016 – Dec, 2016

Sir, further, the company has also negotiated Emergency Imports – Day Ahead Market – 17 MW.

Mr Speaker, the Government has advertised for the procurement of an additional 200 MW emergency power from four (4) inland thermal (diesel, HFO, etc) power plants. The evaluation process has since been completed and discussions are underway with the Ministry of Finance (MoF) over the financing of the purchase agreements, which will be signed with the successful bidders.

Sir, the following measures have been put in place to facilitate the construction and completion of the following projects in the medium term:

(a)    Itezhi-tezhi Power Station – 120 MW. This power station was commissioned on Friday 4th March, 2016, by His Excellency the President, Mr Edgar Chagwa Lungu. The power station can generate 120 MW at full capacity, but due to low water levels, it is now generating about 50 MW; 

(b)    EMCO Coal Fired Thermal Plant in Maamba is generating about 340 MW;

(c)    Maamba coal Power Plant is generating about 300 MW;

(d)    Solar Plants is about 200 MW;

(e)    Upgrade of Musonda Power Station is generating about 10 MW;

(f)    Lusiwasi Upper is generating about 15 MW; and

(g)    Lusiwasi Lower is generating about 86 MW.

Long-Term Measures

Mr Speaker, in order to facilitate the construction of the long-term projects, the following measures have been put in place:

(a)    Kafue Gorge Lower Station, which will be generating about 750 MW; and

(b)    Luapula River Power Plants will be generating about 1,200 MW.

Sir, for the Independent Power Producers, the following measures have been put in place:

(a)    Ndola Energy - 60 MW;

(b)    CEC – Kabompo Gorge - 40 MW;

(c)    Lunzua Power Authority, which is along the Kalungwishi River will be generating about 247 MW;

(d)    Lusemfwa Hydro Power Corporation (LHPC) will be generating 225 MW; and

(e)    Batoka Gorge Power Station will be generating about 1,200 MW.

Sir, the House may wish to know that the Batoka Gorge Power Station will be constructed by both Zambia and Zimbabwe.

 Mr Speaker, I thank you.

Mr L. J. Ngoma: Mr Speaker, the hon. Minister has indicated that K323 was declared as a dividend in 2014 and he further said that there was no dividend paid to the shareholders. Could he help me and the nation at large understand the major reason dividends were not paid to the shareholders.

Mr Zulu: Mr Speaker, the House may wish to know that the company recorded a profit after paying tax amounting to K323 million as at 31st December, 2014, Financial Year. However, the dividend could not be declared due to the following reasons:

(a)    the company adopted the dividend policy of retaining of the earnings in order to re-invest in the maintenance of the existing plants and also investing into the new projects for generation, transmission and distribution; and

(b)    the company is under capitalised and needs the profits to sustain its operations.

I thank you, Mr Speaker.

Mr Konga (Chavuma): Mr Speaker, the hon. has indicated that the Zambia Electricity Supply Corporation (ZESCO) is procuring power from independent power producers. What are the feed-in tariffs (FITs) from the producers, especially the solar plant? What are the renewable energy FTIs?

 Mr Zulu: Mr Speaker, independent power producers negotiate their own tariffs with ZESCO. Therefore, these tariffs will not be the same as it will depend on how power will be generated because some will be using gas, solar and other ways of generating power. Based on that information, the tariffs will not be the same.

 I thank you, Mr Speaker. 

Mr Mufalali: Mr Speaker, the hon. Minister has just indicated that there were some profits that were declared, but dividends were not paid to the shareholders due to the recapitalisation that the Zambia Electricity Supply Corporation (ZESCO) needed to implement. 

Sir, it is believed that the Zambia Electricity Supply Corporation (ZESCO) is highly mismanaged due to political interference and its employees support the Government of the day. Where the amounts that were declared enough or could they have done better more so because the Government failed to pay the thirteenth cheque to the ZESCO workers?

Mr Zulu: Mr Speaker, the hon. Member for Senanga’s question is based on his belief. I cannot respond to a belief.

Mr Speaker, I thank you.

Laughter

Mr Speaker: Hon. Minister, it is possible for a question to be based on an opinion or a perception which needs to be cleared.

Mr Zulu: Mr Speaker, I do not think ZESCO money is abused because it is politically influenced. ZESCO is well organised. As a ministry, we monitor ZESCO’s activities to ensure that there is no political influence in its operations.

I thank you, Mr Speaker.

FOREIGN EXCHANGE MARKET

373. Mr L. J Ngoma (on behalf of Mr Mbewe) asked the Minister of Finance:

(a)    how much money, in United States (US) Dollars, was offloaded on the foreign exchange market to cushion the impact of the kwacha depreciation during the following periods:

(i)    January to December, 2014; and

(ii)    January to August, 2015; and

(b)    what measures the Government had taken to avert further depreciation of the kwacha.

The Minister of Finance (Mr Chikwanda): Mr Speaker, the Bank of Zambia (BOZ) supplied US$808.5 million and US$ 230.5 million for the period January to December, 2014, and January to August, 2015, respectively.

Sir, the measures taken by the Government have been as follows:

(a)    the statutory reserve ratio was raised upwards from 8 per cent to 14 per cent in March, 2014, and the coverage broadened to include Government deposits; and

(b)    the policy rate was raised upwards from 9.75 per cent to 10.25 per cent in March, 2014. It was further adjusted to 12 per cent in April, 2014, and 12.5 per cent in November, 2014.

Mr Speaker, the above measures were further supplemented by the following;

(a)    revision of statutory reserve ratio to 18 per cent in April, 2015, from 14 per cent;

(b)    increased monitoring of the foreign exchange market activities such as the publication of individual commercial bank’s interbank and retail rates in order to increase transparency and confidence in the market; and

(c)    stepping up open market operations to mop out excess liquidity in the banking system.

Sir, these measures notwithstanding, I must emphasise that the most sustainable way to ensure stability of the Kwacha is to broaden and diversify our sources of foreign currency earnings.

Mr Speaker, I thank you.

STREET LIGHTS IN MPONGWE

374. Mr Namulambe asked the Minister of Local Government and Housing:

(a)    whether the Government had any plans to construct street lights in Mpongwe Township;

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

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

The Deputy Minister of Local Government and Housing (Mr N. Banda): Mr Speaker, it is the responsibility of the local authorities to construct street lights. So, Mpongwe District Council is responsible for planning for street lighting in its townships.

Sir, the implementation will be done when Mpongwe District Council plans to do so taking into account the availability of funds.

Mr Speaker, the Ministry of Local Government and Housing has not planned for the installation of street lighting in Mpongwe.

I thank you, Sir.

Mr Namulambe: Mr Speaker, since I am a Zambian, I am aware of the fact that the Ministry of Local Government and Housing gave money to certain councils for street lighting. What sin have the people of Mpongwe committed? The ministry funded other local authorities, but has indicated that the Mpongwe District Council should find money to undertake its projects. Why is the Government so segregative?

The Minister of Local Government and Housing (Mr Kampyongo): Mr Speaker, I would like to inform the people of Mpongwe that they have not committed any sin and the Patriotic Front (PF) Government will ensure that they benefit equitably from the development it has been distributing. Hon. Namulamba is part of the council. It is the responsibility of the council to plan for development projects in its jurisdiction. The Government released the Local Government Equalisation Fund (LGEF) to the councils and out of that fund, there is a component for capital projects which the councils can plan for. For example, the Lusaka District Council undertook the L400 kilometres Road Project and road infrastructure, including street lights, were installed in Lusaka. The people of Mpongwe and those in other towns on the Copperbelt Province will benefit from the C400 kilometres Road Project which will soon commence. The road that will be done in Mpongwe, under this programme, will equally be looking like the roads in Lusaka in terms of having facilities like street lights. So, the people of Mpongwe have not committed any sin. This Government cares for them.

I thank you, Sir.

Mr Mufalali: Mr Speaker, the predecessors to the current hon. Minister of Local Government and Housing once came to this House and told us that the Government had embarked on a project on street lighting. What has happened to that project? If it is still on, is there a possibility of Mpongwe benefitting from it?

Mr Kampyongo: Mr Speaker, the Government had a one-off project on street lights. What I am saying is that the Government has been giving councils money. Councils are permitted to get a certain percentage of that money for use on capital projects. Theses councils have a duty to plan how this money should be spent. If they choose to use the money on street lighting, well and good. Councils should not run away from the responsibilities of planning for areas which are in their jurisdiction.

Mr Speaker, I thank you.

Mr Antonio (Kaoma Central): Mr Speaker, how much has been sent to Mpongwe District Council as the Equalisation Fund for this year?

Mr Kampyongo: Mr Speaker, I think the hon. Member’s question is totally new. If he wants me to respond to that question appropriately by giving him the exact figures, then he should file a written question and I will respond accordingly.

I thank you, Sir.

KUILIMINA SKILLS CENTRE

375. Mr Namulambe asked the Minister of Youth, Sport and Child Development when Kuilimina Youth Skills Centre in Mpongwe would be officially opened.

The Minister of Youth, Sport and Child Development (Mr Mwale): Mr Speaker, Kuilimina Youth Skills Centre in Mpongwe was officially opened on 20th February, 2012. Currently, the centre is being upgraded in line with the Government policy to upgrade and modernise youth resource centres. The upgraded centre will be commissioned upon completion.

I thank you, Sir.

Mr Namulambe: Mr Speaker, the date that the hon. Minister has mentioned is the date when the first people that were enrolled at the centre started learning. That learning was on a trial basis. Thereafter, there was an injection of K26 million into the centre, and it was expected that the structure of courses to be taught to the youths would change because of the improvements that had been made to the centre. So, when is that new infrastructure going to be officially launched? We also need to know when the new courses will be introduced at the centre. What happened in 2012 was just for a single course.

Mr Mwale: Mr Speaker, I will repeat that the upgraded centre will be opened after it is commissioned.

Mr Speaker, I thank you.

Dr Kalila (Lukulu East): Mr Speaker, I would like to know when this centre will be complete so that the exact time of its commissioning is known.

Mr Mwale: Mr Speaker, this project is in its final stages. I did visit it and saw that only a few works are left to be done. Those are minor works like fittings that need to be installed. Once the Ministry of Finance finalises the payment, we will commission it, and that will happen very soon.

Mr Speaker: Any estimation?

Mr Mwale: Sir, I cannot estimate because that is dependent on the Ministry of Finance making available the funds required to complete the works.

I thank you, Sir.

ELECTRICITY TARIFFS

376. Mrs Masebo asked the Minister of Energy and Water Development:

(a)    whether ZESCO limited took into consideration the buying power of its consumers when it increased the power tariffs by over 200 per cent in December, 2015;

(b)    if so, why the increment of the tariffs was very high; and

(c)    why mining companies were exempt from the tariff increment.

Mr Zulu: Mr Speaker, ZESCO considered the buying power of its vulnerable customers through the lifeline tariff band. This tariff band was adjusted upwards from 100kW/h to 300kW/h in order to enable households using electricity for lighting, cooking and a few electrical appliances to do so affordably.

Sir, what this means is that before the increment, people were paying from zero up to 100kW/h. After we increased the tariffs, we went from zero up to 300kW/h just to accommodate the vulnerable groups. I can give an example of countries like Ghana where this ceiling is up to 50kW/h. In Kenya it is 50kW/h, in Mozambique it is at 100kW/h while in South Africa, Tanzania and Zimbabwe are all at 50kW/h. So, you can see that Zambia is far much better than other countries.

Mr Speaker, the tariff adjustments of December, 2015 were high because of the following:

(a)    they sought to meet the rising cost of generation, transmission, distribution and supply of electricity due to changes in economic factors such as inflation, exchange rates and interest rates;

(b)    they sought to make the industry attractive to private investment by ensuring the prices would provide investors in the electricity sub-sector with a reasonable rate of return; and

(c)    they sought to enable customer categories to be cost reflective so as to ensure that ZESCO supplies electricity to all customer categories without the need for the Government support.

Mr Speaker, the mining companies were not exempted from the tariff adjustments. They had their tariffs adjusted to an average of 10.35kW/h through a separate negotiation process facilitated by the Ministry of Energy and Water Development that recognises the validity of their respective power purchase agreements and the need to adjust the tariffs in order to enable ZESCO to continue to operate viably.

I thank you, Sir.

Mrs Masebo: Mr Speaker, I am not sure whether the response by the hon. Deputy Minister is valid considering that in February this year, the Government reversed the decision to hike the tariffs. Having told us the reasons the Government initially increased the tariffs, which have now been reversed, and the fact that he is telling us that the price is not cost-reflective, what impact has this had on ZESCO? 

Mr Zulu: Mr Speaker, yes indeed, the Government reduced electricity tariffs. The Energy Regulation Board (ERB) is in the process of conducting the electricity cost of service study to establish the cost of supply. The outcome of this study shall provide the basis for future tariff reviews and guarantee a smooth path to cost relative tariffs. A detailed cost service study by the ERB will determine the cost of generating, transmitting and supplying electricity to various customer categories. We are supposed to update the last study that was done by the ERB. The new study will, therefore, provide a new migration path to cost reflective levels.

I thank you, Mr Speaker.

Mr Konga: Mr Speaker, can the hon. Minister explain why the Zambia Electricity Supply Corporation (ZESCO) is presently selling power at US$ 10 cents to the mines and US5 cents and US6 cents to other consumers after importing it at US18 cents.

Mr Zulu: Mr Speaker, that is the only rate at which we can import power. If we do not do it, then the country will be in darkness. There is no other way apart from importing expensive power. Honestly, it is unfortunate that we are importing electricity at US18 cents and selling it around US7 cents. There is nothing we can do about that at the moment. 

Thank you, Mr Speaker.

Mr Speaker: Anyway, I do not want to go back to what the hon. Minister said when she addressed that matter just before this House.

Mr Mufalali: Mr Speaker, there have been a lot of inconsistencies in terms of the Government policy on this issue. Is the hon. Minister telling us that the Energy Regulation Board (ERB) went ahead to make increments without the study which it is going to conduct now? 

The Minister of Mines and Minerals Development (Mr Yaluma): Mr Speaker, I think the Energy Regulation Board (ERB) is just trying to make it a little bit more justifiable as to what the people of Zambia will be paying for electricity. When the ERB and Zambia Electricity Supply Corporation (ZESCO) went on to increase electricity tariffs, it was on the proviso that whatever the people of Zambia, including commercial and industrials consumers, were paying for electricity was very low. We just heard what ZESCO has so far made as regards profits. We are ever recapitalising ZESCO. Therefore, what we are saying is that we want ZESCO to be in a position to maintain and sustain its operations by raising tariffs to cost reflectivity. This situation is not unique to Zambia. Electricity tariffs in the whole of the Southern African Development Community (SADC) Region are very low. It has been agreed that if we want to maintain good quality supply, we need to bring electricity tariffs to cost reflectivity in the SADC Region. The cutoff date to achieve this in the region has been set for 2019 and we are all assailing to reach that. 

Sir, we have to remember that these ‘guys’ that we are allowing to pay US 6 cents for electricity are making huge profits. So, they need to pay a more justified tariff. All we are saying is that we need to move to more cost-reflective tariffs which will allow ZESCO to maintain and sustain its operations. So, that is the route we are going.

I thank you, Sir.

Mr Speaker: Hon. Minister, in future avoid the word ‘guys’. It is unparliamentary, whoever these people are.

Laughter 

Mr Ntundu (Gwembe): Sir, I would like the hon. Minister to give me a straight answer instead of speaking in riddles. According to what he has said, the Zambia Electricity Supply Corporation (ZESCO) is not selling power at economic prices. Is he saying that ZESCO is currently making a loss and the Government is subsidising that loss? 

Mr Yaluma: Mr Speaker, I would like to sincerely apologise for using an unparliamentary word. Yes, indeed, ZESCO is not operating at a profit and is making losses.

Mr Muntanga interjected.

Mr Yaluma: What?

Mr Speaker: Order!

The hon. Minister does not take questions from people who are sitting down.

Mr Yaluma: I thank you Sir.

Ms Lubezhi rose.

Mr Speaker: I made an announcement earlier on where I was ending. It is part of the verbatim record. That was the Speaker’s order.

________

MOTIONS

SUSPENSION OF STANDING ORDERS 20, 21 (1) AND 101

The Vice-President and Minister of Development Planning (Mrs Wina): Mr Speaker, I beg to move that Standing Orders 20 and 21(1), if necessary, and Standing Order 101 be suspended to enable the House to complete all business on the Order Paper and all matters arising therefrom and that, on such completion, the House do adjourn sine die.

Mr Speaker, the current meeting of the House commenced on Tuesday, 9th February, 2016 and as of today Friday, 11th March, 2016, the House has been sitting for a total of nineteen days. Although this meeting was relatively short, a lot of business was transacted. During this meeting, a total of 159 probing questions for oral and written answer were considered.

Mr Speaker, the House also debated two Private Members’ Motions and five Motions to adopt Parliamentary Select Committee reports. Further, the House debated two Motions to adopt the reports of the Committee on Estimates on the supplementary provision Warrant No. 1 and 2 of 2016.  These Motions were premised on requirements of Article 203 of the Constitution. This Article gives the President power to issue a warrant authorising the expenditure and withdraw from the consolidated fund of money where there is a urgent need to incur expenditure that has not been appropriated for that financial year.

Sir, thirty-seven ministerial statements were presented to the House to explain the Government position on various matters of national interest. Also, forty-six annual reports from Government and quasi-Government institutions were laid on the Table of the House. In addition, the House considered and passed four Government Bills.

Sir, in view of the volume of business transacted in this relatively short period, allow me to express my profound gratitude to all hon. Members for their hard work, co-operation, dedication to duty and invaluable contributions. I wish to urge the House to keep up the spirit of hard work and dedication to duty. It is only through hard work and dedication to duty that we shall deliver development and prosperity to our nation. Having worked so hard, it is important that the House takes a break to enable hon. Members to attend to other equally important duties in their respective constituencies.

Mr Mwale: Hear, hear!

The Vice-President and Minister of Development Planning: Mr Speaker, as the House is aware, the Inter-Parliamentary Union (IPU) has granted the Zambian Parliament and, by extension, the Zambian nation as a whole the honour and privilege to host the 134th IPU Assembly and its related meetings in Lusaka from 19th to 23rd March, 2016. At least 1,400 delegates will converge in Lusaka in the next few days.

Sir, the IPU is the focal point for worldwide parliamentary dialogue for peace, development and co-operation which safeguards representative democracy. This is a momentous milestone in our nation’s history. As a nation with a rich culture of welcoming and accommodating visitors from other countries dating back to the period of the struggle for Independence by many countries in Southern Africa, I wish to urge the House and the nation to continue being hospitable to our visitors.

Sir, on behalf of the people of Zambia, the Government and, indeed, on my own behalf, I wish to seize this opportunity to welcome all the delegates coming to attend the 134th IPU Assembly. It is expected that the delegates will also take full advantage of this occasion to sample Zambia’s fabulous tourist attractions.

Mr Speaker, that aside, let me state that the 2015/2016 farming season has had a lot of challenges in that there has been inadequate rainfall in some parts of the country while in other parts, there could have been floods. It is, therefore, important that hon. Members use the recess to supplement Government efforts to assess the effects of the droughts or floods as the case may be, in their constituencies so that they may advise the Disaster Management and Mitigation Unit (DMMU) in my office, of any areas where relief food as well as emergency rehabilitation of infrastructure may be needed.

In addition, Sir, I wish to encourage hon. Members to sensitise the people in their constituencies on the importance of participating in this year’s General Elections. This year’s General Elections are unique in that, they will be held under the amended Constitution which requires a 50 per cent plus one threshold to be met for a presidential candidate to be elected to the Office of President. The members of the public need to be educated about this new phenomenon in our electoral system. In the same vein, hon. Members should enlighten their electorates about the Referendum on the Bill of Rights which will be held alongside the 2016 General Elections. It is important for our people to know about the Referendum.

Mr Speaker, as we draw closer to the General Elections, I have noted with serious concern that the culture of political violence is slowly taking root in our peaceful nation. It is, therefore, important that all hon. Members and other political leaders denounce political violence with the contempt it deserves.

Mr Mwila: Hear, hear!

The Vice-President and Minister of Development Planning: Mr Speaker, in order to curb this scourge, it is also important that all hon. Members participate in educating their constituencies, especially the youths, on the dangers of political violence.

Mr Speaker, in conclusion, let me commend you, the hon. Deputy Speaker and the hon. Deputy Chairperson of the Committees of the Whole House most sincerely for the proficient and effective manner in which you presided over the Business of the House. I wish to place on record my gratitude to the Clerk of the National Assembly and her staff for the services they continue to render to this House. May I also take this opportunity to express my gratitude towards the staff from the Office of the Vice-President and other Government ministries for the support and assistance they provided to the House throughout the meeting.

Sir, finally, I wish to reiterate that political violence is a cancer that needs concerted efforts to eradicate. Let me emphasise that there is no single person, authority or political party that can singlehandedly eradicate this cancer. It is against this background that I strongly urge all hon. Members and the leadership at various levels in all political parties to actively participate in educating our people on the dangers of engaging in any form of violence.

Mr Mwale: Hear, hear!

The Vice-President and Minister of Development Planning: Mr Speaker, Zambia is well known as an oasis of peace we must maintain at all costs. Having said that, I wish you and all hon. Members, a very Happy Easter and, indeed, a refreshing recess.

Mr Mwale: Hear, hear!

The Vice-President and Minister of Development Planning: Sir, I beg to move.

I thank you, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Speaker: Hon. Members before we proceed, I am sure we can see the time. We have barely twelve minutes remaining. If we do not execute this task in eleven minutes, we are coming back on Tuesday.

Hon. Opposition Members: Hear, hear!

Laughter

Mr Speaker: Please wait, I have not finished.

Interruptions

Mr Speaker: I have not planned for Tuesday.

Laughter

Mr Speaker: So, if you are not able to debate in a minute or two, I will curtail your debate. 

Hon. Opposition Members: Ah!

Hon. Government Members: Hear, hear!

Mr Speaker: I hate to curtail debates, but I will be forced to do so. This Motion must be passed before 1255 hours.

Mr Muntanga: It is not fair.

Ms Lubezhi (Namwala): Mr Speaker, I thank you for the opportunity to add my voice to the Adjournment Motion. 

Mr Speaker, I accept Her Honour the Vice-President and Minister of Development Planning’s call to supplement the Government’s effort in disseminating information to Namwala electorates on the happenings of this session and, more so, on some of the questions which the Government failed to answer.

Interruptions

Mr Speaker: Order!

Ms Lubezhi: Sir, I will take it upon myself to tell the people of Namwala about police brutality. I will urge them to remain peaceful because under the Patriotic Front (PF) leadership ...

Mr Speaker: You have a minute to go.

Laughter

Ms Lubezhi: ... it is normal to be brutalised by the police. Even when evidence is shown through clips on our televisions, they still have the audacity to say that they are investigating the matter. 

Laughter

Ms Lubezhi: Sir, I will tell the people of Namwala that as we go for elections, we must be alert because Timor Consulting is real.

Mr Musenge: On a point of order, Sir.

Ms Lubezhi: Mr Speaker, I will tell the people of ...

Mr Speaker: I am sorry, I have to curtail the debate.

Laughter

Professor Lungwangwa (Nalikwanda): Mr Speaker, in supporting the Motion, I would like to request Her Honour the Vice-President and Minister of Development Planning as well as the entire Government to reflect very seriously on the state of our nation.

Mr Speaker, the buzz word at the beginning of this Parliament was bitterness. The challenge now is the degree of that bitterness. There is widespread bitterness in the nation brought about by many factors.

Mr Muntanga: On a point of order, Sir.

Mr Speaker: I cannot allow a point of order. 

Prof. Lungwangwa: Bitterness is widespread in our nation. The rising cost of living ...

Mr Speaker: Hon. Member, please, bear in mind what I said about the time. I am not stopping you. Just bear that in mind.

Interruptions

Prof. Lungwangwa: Sir, bitterness has been brought about by many factors, including the loss of jobs by thousands of our people. Students at the university are extremely bitter and have even been denied their meal allowances. Load shedding is all over the country inconveniencing our lives. Not the least is the high indebtedness from US$1.5 million in 2011 to almost US$7 billion now. The rising violence in the nation and lawlessness are all factors of bitterness. It is time to seriously reflect on the state of our nation. Where are we are going?

Mr Speaker: Thank you, hon. Member for Nalikwanda.

The Vice-President and Minister of Development Planning: Mr Speaker, I thank the hon. Members for supporting the Motion.

Mr Speaker, I thank you.

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE

Mr Chenda (Bwana Mkubwa): Mr Speaker, I beg to move that the House do adopt the Report of the Select Committee appointed to scrutinise the Presidential Appointments of Hon. Madam Justice Jane Kazora Kabuka, Hon. Justice Jones Chinyama and Hon. Justice Nigel Kalonde Mutuna to serve as Judges of the Supreme Court and Hon. Lady Justice Hildah Chibomba to serve as President of the Constitutional Court and Hon. Madam Justice Mugeni Siwale-Mulenga, Hon. Madam Justice Annie Mwewa Sitali, Professor  Mulela Margaret  Munalula, Ambassador Palan Mulonda and Mr Enoch Mulembe to serve as Judges of the Constitutional Court.

Mr Speaker: Is the Motion seconded?

Ms Kalima (Kasenengwa): Mr Speaker, I beg to second the Motion.

Mr Chenda: Mr Speaker, the appointments are pursuant to Article 140 of the Constitution of Zambia, Cap. 1 of the Laws of Zambia which states:

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

(a)    Chief Justice;

(b)    Deputy Chief Justice;

(c)    President of the Constitutional Court;

(d)    Deputy President of the Constitutional Court; and

(e)    other Judges.”

Further Article 141 states:

    “141 (1)  A person qualifies for appointment as a Judge if that person is of proven integrity   
                   and  has been a legal practitioner, in the case of the:

(a)    Supreme Court, for at least 15 years;

(b)    Constitutional Court, for at least fifteen years and has specialised training or experience in human rights or constitutional law;

(c)    Court of Appeal, for at least twelve years; or

(d)    High Court, for at least ten years.

     (2)  A person appointed as Judge to a specialised court shall have the relevant      
           expertise, as prescribed.”

Mr Speaker: Order!

          Business was suspended from 1256 until 1431 hours.

[MR SPEAKER in the chair]

Mr Chenda: Mr Speaker, in view of the critical role that Judges play in the country’s governance system, your Committee resolved that only qualified and competent persons with unquestionable integrity, diligence, eminence, sound character and strong commitment to justice, should serve as Judges of the Supreme Court and the Constitutional Court. In the case of Judges of the Constitutional Court, it was also necessary that the persons appointed had the requisite specialised training or experience in human rights or constitutional law. In this regard, your Committee carefully selected the witnesses to assist it to scrutinise the suitability of the nominees. 

Sir, your Committee requested memoranda from the relevant State security agencies, professional bodies, other stakeholders and the appointing authority. The witnesses also appeared before your Committee to make their oral submissions. Further, your Committee interviewed the nominees and carefully scrutinised their curricula vitae. Your Committee observed that the witnesses generally had no objections to the appointment of the nominees to the Supreme Court. With regard to the appointment of the Judges of the Constitutional Court, the witnesses agreed with the suitability of Hon. Lady Justice Hildah Chibomba to serve as President of the Constitutional Court. However, key stakeholders such as the Law Association of Zambia (LAZ) and the Judicial Complaints Commission (JCC) raised issues on the suitability of the rest of the nominees. Their concern regarded the nominees’ practical experience as legal practitioners and their experience in constitutional law and human rights matters. The stakeholders argued that a legal practitioner is one who had court experience and observed that the other nominees did not have court experience and as such, were not legal practitioners. Therefore, they submitted that these nominees did not meet the condition under Article 141 of the Constitution requiring a person to be a legal practitioner to be appointed to the Constitutional Court.  In view of this, the stakeholders had apprehension over the appointment of the nominees, considering that the Constitutional Court has original and final jurisdiction in constitutional matters and is on a par with the Supreme Court. It was, therefore, imperative that the persons appointed to sit on the Constitutional Court have the requisite qualifications and experience to discharge the functions of the court. 

Sir, your Committee deliberated on the issue raised and in order to resolve it, had recourse to the Legal Practitioners Act, Cap. 30 of the Laws of Zambia.  Your Committee found that Section 2 of the Act defines “Practitioner” as a person who has been admitted to practice as an advocate under the provisions of the Act and whose name is duly entered on the roll. In view of this, your Committee is of the considered view that a legal practitioner is one who has been admitted to the Bar and whose name is entered on the roll of the practitioners whether or not that person appears in court to represent clients. The legal profession is very broad and comprises legal practitioners in various sectors with some engaged as in-house counsel, administrators, academicians, drafters and adjudicators. It is thus not restricted to those practitioners who choose to engage in litigation. In this regard, your Committee found that according to the Legal Practitioners Act, the nominees are legal practitioners and, therefore, meet the constitutional requirement of being a legal practitioner in order to be appointed to the Constitutional Court. 

Mr Speaker, further, some witnesses submitted that the two High Court Judges nominated to serve as Constitutional Court Judges did not possess the requisite experience in constitutional law or human rights, to be elevated to the Constitutional Court. Your Committee noted that prior to the establishment of the Constitutional Court, the High Court had original jurisdiction to deal with all matters, including constitutional and human rights matters. The nominees had occasionally handled such matters and, therefore, possess the requisite experience to serve as Judges on the Constitutional Court. 

Sir, with regard to the rest of the nominees, your Committee found that they all had the requisite experience and training in human rights or constitutional law and, therefore, met the constitutional condition in Article 141 (b) requiring a legal practitioner to have specialised training or experience in human rights or constitutional law in order to be appointed as a Judge of the Constitutional Court. 

Mr Speaker, in view of this, your Committee established that all the nominees possess the required qualifications as prescribed in the Constitution, to be appointed to either the Supreme Court or Constitutional Court. Further, your Committee, through its interactions with the witnesses, had no doubt that these nominees are men and women of integrity. Submissions from the State security agencies indicated that there were no adverse security concerns against any of the nominees. 

Sir, submissions from the State security agencies indicated that there were no adverse security concerns against any of the nominees. Furthermore, your Committee observed that the persons appointed to serve as Judges of the Constitutional Court have different backgrounds and varied experiences; a welcome blend, which will bring a different dimension to the judgments of the court. Being a specialised court, this is in line with contemporary trends in most jurisdictions of the world. 

Sir, your Committee also observed that although there was no legal requirement for the appointing authority to consult key stakeholders such as the Judicial Complaints Commission (JCC) and the Law Association of Zambia (LAZ), prior to nominating persons to higher judicial office, your Committee is of the view that the practice of consulting the stakeholders early in the appointment process should be encouraged. 

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

    Hon. Madam Justice Jane Kazora Kabuka

The nominee obtained her Bachelor of Laws Degree from the University of Zambia (UNZA) in 1982 and was admitted as an advocate of the High Court of Zambia in 1983. The nominee has had an illustrious career spanning over thirty years in the legal profession, with the last decade involving her service as a Judge of the High Court. 

In this regard, the nominee is more than qualified for the appointment as a Judge of the Supreme Court and your Committee supports her appointment. 

    Hon. Mr Justice Jones Chinyama

Mr Speaker, the nominee began his career as an adjudicator in 1987, as a magistrate, and rose through the ranks to the position of Chairperson of the Industrial Relations Court. He obtained his Bachelor of Laws Degree from the UNZA in 1998 and was admitted to practice as an advocate of the High Court of Zambia in May, 2000. 

In view of his qualifications and experience, the nominee is undoubtedly qualified for appointment to the Office of Judge of the Supreme Court and your Committee supports his appointment. 

    Hon. Mr Justice Nigel Kalonde Mutuna

The nominee obtained his Bachelor of Laws Degree from UNZA in 1984 and was admitted to practice law as an advocate of the High Court of Zambia in 1985. He has over thirty years experience as a legal practitioner and worked in private and parastatal sectors, and has been High Court Judge 2009.

The nominee is, in this regard, qualified for appointment as a Judge of the Supreme Court. Your Committee, therefore, supports his appointment. 

    Hon. Lady Justice Hildah Chibomba 

The nominee obtained a Bachelor of Laws Degree from UNZA in 1981 and was admitted to practice as an advocate of the High Court of Zambia in 1982. The nominee was currently a Judge of the Supreme Court, having ascended to the Superior Bench in 2009. She holds a Master of Laws Degree with courses that include civil liberties and human rights law. Your Committee was informed that the nominee had acquitted herself very well as a Judge of the High Court and Supreme Court and had delivered some insightful and well-reasoned judgments. 

Your Committee noted that since the Constitutional Court was being established for the first time in the structure of the judicature, it was appropriate to have it headed by an Appellate Judge, who was sufficiently knowledgeable and experienced. 

The nominee has vast experience as an adjudicator. In addition, the nominee had specialised training and experience in human rights. She is, thus, eminently qualified for appointment as President of the Constitutional Court, and your Committee, unreservedly, supports her appointment. 

    Hon. Madam Justice Mugeni Siwale-Mulenga

The nominee obtained a Bachelor of Laws Degree from UNZA in 1994 and was admitted to practice as an advocate of the High Court of Zambia in 1995. Further, the nominee holds a Master of Laws Degree with a major in Administrative Law from the University of Wellington in New Zealand. The nominee is currently serving as High Court Judge, having been appointed in 2010. 

The nominee has more than twenty years experience as an advocate. Additionally, she has experience in human rights and constitutional law. The nominee is, therefore, undoubtedly qualified for appointment as Judge of the Constitutional Court. In this regard, your Committee supports her appointment. 

    Hon. Madam Justice Anne Mwewa-Sitali

The nominee obtained a Bachelor of Laws Degree from UNZA in 1986 and was admitted to practice as an advocate of the High Court of Zambia in 1987. The nominee has been serving as High Court Judge since 2010. Prior to that, she served in the Government as a State Advocate and draftsperson, where she rose through the ranks until she was appointed Permanent Secretary.

The nominee is an experienced lawyer and adjudicator who is well-versed in constitutional law given her involvement in, among other things, the National Constitutional Conference (NCC). The nominee is certainly qualified for appointment to the Constitutional Court and your Committee supports her appointment as a Judge of the Constitutional Court. 

    Professor Mulela Margaret Munalula 

The nominee obtained a Bachelor of Laws Degree from UNZA in 1981 and was admitted to practice as an advocate of the High Court of Zambia in 1982. She holds a Master of Laws Degree in Constitutional, Administrative and International Law. She also holds a Master of Arts Degree in Development Studies, specialising in women and development and a Doctor of Juridical Science Degree from the University of Notre Dame (USA) Centre for Civil and Human Rights. The nominee also has specialised training in human rights. 

In addition, the nominee has spent her career in the academic circles teaching at UNZA in the area of human rights and constitutional law. During her teaching career, the nominee rose through the ranks to the position of Dean of the School of Law at UNZA. 

The nominee was an academic par excellence who had researched, published and lectured extensively in law, including regional human rights law, at both undergraduate and postgraduate levels. The nominee served as a member of the National Constitutional Conference (NCC) and the Technical Committee on Drafting the Zambian Constitution. Further, her immense experience in human rights law would add value to the Constitutional Court. 

Your Committee, in this regard, supports her appointment as a Judge of the Constitutional Court.

Ambassador Palan Mulonda

The nominee obtained a Bachelor of Laws Degree from UNZA in 1994 and was admitted to practice as an advocate of the High Court of Zambia in 1995. The nominee holds a Master of Laws Degree in International law from the University of Lund in Sweden, specialising in human rights, humanitarian law and international organisations. He served in Government as a state advocate, Vice-Chairperson of the Human Rights Commission as well as Director of the Zambia Institute of Advanced Legal Education (ZIALE), before being appointed into the diplomatic service where he currently serving. 

The nominee has over twenty years experience as a legal practitioner. Further, he has undertaken research, lectured and presented papers on human rights issues. Therefore, the nominee is qualified for the appointment as a Judge of the Constitutional Court and your Committee supports his appointment. 

    Mr Enoch Mulembe

The nominee obtained a Bachelor of Laws Degree, with merit, from UNZA in 1992 and was admitted to practice law as an advocate of the High Court of Zambia in 1993. The nominee has served in the academic circles for most of his profession. In addition, he is the immediate past Director of the Human Rights Commission, where he served diligently for over nine years. He is currently the Director of ZIALE. 

The nominee has over 21 years experience as a legal practitioner and is an accomplished academician whose areas of interest include international human rights law and corporate and constitutional law. In addition, he has published and lectured extensively on international and national human rights law. Therefore, your Committee supports his appointment as a Judge of the Constitutional Court.

Sir, your Committee also wishes to commend the appointing authority for taking the necessary measures to ensure the realisation of the provisions of the amended Constitution by making the requisite appointments. Having said this, your Committee recommends that this august House adopts the presidential appointment of Hon. Madam Justice Jane Kazora Kabuka, Hon. Mr Justice Jones Chinyama and Hon. Mr Justice Nigel Kalone Mutuna to serve as Judges of the Supreme Court; and Hon. Lady Justice Hildah Chibomba to serve as President of the Constitutional Court and Hon. Madam Justice Mugeni Siwale-Mulenga, Hon. Madam Justice Anne Mwewa-Sitali, Professor Mulela Margaret Munalula, Ambassador Palan Mulonda and Mr Enoch Mulembe to serve as Judges of the Constitutional Court.

Mr Speaker, finally, your Committee wishes to express its profound gratitude for the services rendered to it by the Office of the Clerk of the National Assembly. Furthermore, the members of your Committee wish to express their appreciation to you, Sir, for appointing them to serve on this historical Select Committee. Your Committee was honoured to be the Select Committee to scrutinise the presidential appointments of the first Judges to serve on the newly created Constitutional Court. 

Sir, your Committee is equally grateful to the witnesses that appeared before it and provided valuable information that assisted the Committee in making an informed recommendations to the House. 

Mr Speaker, I call upon the House to ratify the appointments before it. 

I beg to move.

Hon. Government Members: Hear, hear!

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

Ms Kalima: Now, Mr Speaker.

Sir, let me begin by thanking my God and thanking you for affording me this opportunity to second this Motion. I also thank the mover for the able manner in which he has moved this Motion. The mover has adequately covered the salient points upon which your Committee supports the ratification of the nominees to the positions they have been appointed. In this regard, I shall be very brief in seconding this Motion.

Mr Speaker, your Committee notes that the Constitutional Court is being constituted for the first time in Zambia and that it is a specialised court established to deal specifically with constitutional matters. It is for this reason that the Constitution provides that apart from being a legal practitioner for at least 15 years, the person appointed as Judge of the court must have specialised training or experience in human rights or constitutional law. It is gratifying to note that all the nominees not only meet the qualification, but also possess various backgrounds and experience.

Sir, further, it is worth noting that Constitutional Court has both original and final jurisdiction to hear constitutional matters. It is for this reason that it is important for Judges appointed to this court to have diverse training in constitutional and human rights matters. The blend of academicians and judicial officers is not peculiar to Zambia, but is in line with existing trends in other jurisdictions with similar courts. Therefore, this blend is welcome.

Mr Speaker, as I stated earlier, the move has sufficiently covered the salient points upon which your committee supports the ratification of the nominees to the positions they have been appointed to. Therefore, I thank the Chairperson of your Committee for the adept, objective and fair manner in which he presided over the meetings and deliberations of your Committee. I also extend my sincere thanks to all the members of your Committee for their professionalism and unity during their deliberations.

I thank you, Sir.

Mr Namulambe (Mpongwe): Mr Speaker, thank you for giving me this opportunity to contribute to the debate on the Motion which has been moved by the hon. Member of Parliament for Bwana Mukubwa and seconded by the hon. Member of Parliament for Kasenengwa.

Sir, the mover of the Motion indicated that this is a historical Select Committee because of the duties it was given, which are to scrutinise the appointment of members to the first ever Constitutional Court following the amendment of the Constitution. I have perused through your Committees Report. Witnesses were called to make submissions and some were for while others were against certain appointments. Your Committee had to come up with its own recommendations after scrutinising all the submissions and hence, we have this Motion that we are considering today.

Mr Speaker, when considering Motions of this nature, there is a need not to only look at the positives, but also the negatives of the submissions made by the people that appeared before your Committee. This is mainly to correct perceptions that may have been created in trying to address matters. We have been told that this is the court of the original jurisdiction and that, its decisions will not be referred anywhere and that their determinations will be final. Therefore, whatever decisions the Judges will make in constitutional matters, will begin and end with the same people whose appointments we are considering today.

Mr Speaker, I have no problems with the submissions that have been made in relation to the members that are to serve on the Bench for the Supreme Court. I will address my concerns specifically to the Constitutional Court because this is the first court that we are having after the Constitution was amended.

Sir, we expect a lot of constitutional matters to be taken to this Constitutional Court. As such, negatives that have been highlighted by certain people that made submissions before your Committee ought to be taken into account by the people that have been nominated. It is up to them to kill the perception because whatever decisions that they are going to making will affect their integrity. This is because certain people have raised certain concerns against them in your Committee. We have been told that they are from various backgrounds with different experiences, but since they will be working together, they should be able to determine matters without looking at people’s faces. They should be able to look at issues correctly.

Mr Speaker, for instance, this morning, we were discussing a question that was raised regarding the issue of the minimum academic qualification of the Grade 12 Certificate for someone to be able to stand in an election. We were told that there will be some legal opinion which will be given by the hon. Minister of Justice. We know that the Ministry of Justice is not the Constitutional Court. As such, an interpretation by the Ministry of Justice may not be satisfactory to some people. For example, due to hunger in Shang’ombo, a pupil who only managed to write one subject in Grade 12 and cleared it would have been given a General Certificate of Education (GCE). In Mpongwe, due to the abundance of food, a pupil who wrote all the subjects at Mpongwe High School would have got a full School Certificate with distinctions. The two pupils will have completed Grade 12 and would even present their certificates to their parents to show that, at least, they were in class. They both would have obtained their Grade 12 Certificates. I would, therefore, be glad to hear the legal interpretation to differentiate the two certificates of the two examples of the Grade 12 pupils I have stated above.  

Laughter

Mr Namulambe: Mr Speaker, it is the determination of such matters that will remove the perception of biasness by the people that we are considering today. We have read a lot of things about certain nominees that we are considering today. It is, therefore, up to them to prove that they are their own persons, individually. The Constitution that we have will need a lot of interpretations such that when we take issues to these courts, we expect fair hearings and judgments. After they make their determinations, we should not start referring to some of the negative concerns that have been raised against certain nominees. I am sure they are listening to what we are talking about wherever they are. If I will be the first person that will take the matter before that court, I should not be judged by what I am saying on the Floor of this House today. I am just trying to say that they should be very impartial in the way they look at issues. 

Mr Speaker, let me now talk about issues to do with human rights. I am aware of the fact that at the moment, Part III of the Bill of Rights will come before the referendum. May I take this opportunity to request the Government to consider not proceeding with the issue of the referendum in relation to human rights until after wider consultations are done. This is in order for us to avoid giving too much work to the Constitutional Court because there are certain issues …

Mr Speaker: Order! 

Hon. Member, I am concerned. One of my functions is to ensure that debates are relevant. You are proposing to take a line that has nothing do with the business before the House. 

Mr Namulambe: Mr Speaker, much obliged. I always follow the advice of people who are above me. I still want to emphasise that the people whose appointments are going to be ratified today, being the first Constitutional Court Judges, should allay the negative perceptions about what has been said in this House by being fair in their judgments. Since there will be no recourse to another court once matters are determined by the Constitutional Court, I want to tell the nominees who are listening to believe in God. They should know that God is seeing what will be in their hearts when they will be making judgments. They should not be influenced by anyone. They should be able to look at issues objectively. Let the integrity which is required of judicial officers be seen in these Judges. Being the first court of its kind, it should expect a lot of constitutional issues to come before it. I may be the first one to present one of the cases to it. I expect a fair hearing and judgment when I do that. The Judges of this court should remember that the final judge will be God, if they become unfair in their judgment.

Mr Speaker, with these words, I thank you.

Mr Mweetwa rose.

Mr Speaker: Before I call upon the hon. Member for Choma Central to debate, I have a short counsel. Although I should know better, I note that the hon. Member for Choma Central is a member of this Committee, which is making these recommendations to the House. Nonetheless, he is entitled to debate, but should take into account the special position which he is in. For instance, it goes without saying that he cannot contradict what he agreed to as a member of the Committee.

 Mr Mweetwa (Choma Central): Mr Speaker, I want to thank you for that guidance. I hope that at the time I rose, I did not look like someone who is about to contradict the report.

Laughter

Mr Mweetwa: Sir, I thank you again for giving me this opportunity to add the voice of the people of Choma Central on this very important Motion, which is on the Floor of the House this afternoon.

Mr Speaker, I do not intend to stay long on this debate, especially in respect of what you have just highlighted that I am actually a member of this Committee.

Mr Speaker: Precisely.

Mr Mweetwa: I felt compelled to take advantage of this platform to air a few views that I felt needed to be aired.

Sir, I just want to take this opportunity to remind the hon. Minister of Justice or the Government in general that as we ratify the nomination of these Judges, in this particular case, the Supreme Court Judges, they are going to that court to deliver justice. As they render their judgments, they should contribute to the furtherance of the dispensation of justice. In my view, justice should not end at the courts. It should follow those who are convicted to where they reside for the rest of their days of the punishment.

Mr Speaker, if you had to visit most prisons, you would discover that they are in such a deplorable state that one would not want to stay there even for a minute. Speaking about issues closer to home, about Choma, and Choma Prison in particular, I wish to state that the holding cells, which I do not know what they are referred to in the local language were initially built in the pre-Independence days and were meant for 100 people, are now accommodating about 500 inmates. The situation is dire. As I speak now, there has been no water at Choma Prison for the last one month. So, what type of justice is this which has no recognition and respect for human rights? Although those people are in custody, they are still human beings who should enjoy human rights. Worse still, a number of people who are remanded in custody are actually innocent until proven guilty.

Sir, the second point which I want to bring to the attention of the hon. Minister of Justice is that as we approve the appointment of these Judges, it is also important to correspondingly put money aside for infrastructure development, which is supposed to be used for the delivery of justice. 

Mr Speaker, speaking about issues closer to home, I wish to state that Choma is a Provincial Capital and has been like that for the last four years. If you went to Choma, you would find that there is only one magistrate’s court room, which a number of magistrates have to use in rotation.  This delays the dispensation of justice. It is said that justice delayed is justice denied. We should not just bring on board more Judges as a result of the constitutional amendments without expanding infrastructure which should be used as a platform to deliver justice. In terms of the issue that I have referred to, it is extremely important that the Government looked into it because so far, there is no indication on the ground in Choma that …

Mr Speaker: Order!

 Let me just provide guidance. I have been very liberal because I want to give you space, but the sense I am getting from your debate is that the issues which you are raising are barely connected to the Constitutional Court. If you are concerned about the accommodation for the Constitutional Court, I would have said that you are within the remit of the Motion, but you have now descended into your constituency and began identifying issues, which you think the hon. Minister of Justice should take care of such as the courtrooms for the magistrates, conditions for prisoners and so on and so forth. I find difficulties to see the nexus with the appointments relating to Supreme Court Judges or Judges of the Constitutional Court. Can we be relevant in our debate. 

Mr Mweetwa: Mr Speaker, I want to thank you for the guidance. 

Sir, my debate was in pursuance to the recognition that the Judges, whose appointments we are ratifying, are actually going to deliver justice. Therefore, I took advantage of this platform to air certain views. Nonetheless, I oblige to your guidance.

Mr Speaker, my last point is that in my view, the Constitutional Court is long overdue because I should not even say that it has come at the right time as it should have come a lot time ago. There has been a lot of robbery of justice in this country. 

Sir, when you look at the 2001 election petition, it took four years before judgment was delivered, a few months before the next general elections. Therefore, whatever the outcome would have been of that judgment, it was, in fact, an academic judgment. 

Mr Speaker, in 2011, we also had an unprecedented number of petitions through which the Government petitioned the Opposition political parties so that they could deplete its numbers in the House. We also witnessed delayed judgments. Some of those cases are still penidng in court and yet, we are only remaining with four to five weeks of being in this House. So, of what use will those judgments be? 

Sir, we have also seen dissident hon. Members of Parliament that are rebellious to the political parties that brought them to this House remain in this Chamber, enjoying the fruits of being part of the House when they are unwanted by their parties. This has been as a result of the courts having a backlog of cases to deal with. The unwanted dissidents have taken advantage of the backlog of court cases to continue to be defiant and continued to undermine the tenets of democracy and also, to not respect the political parties which brought them to this House.

Sir, it is in that view that the Constitutional Court will come and remove the indiscipline that we have seen being occasioned by some dissidents who could not win elections on their own, but won elections on the tickets of certain political parties. The dissidents have been jumping from one political party to another like monkeys.

I thank you, Sir.

 Hon. UPND Members: Hear, hear!

Mr Speaker: Order!

Hon. Member, please, let us be civil to each other. I know that these are figures of speech, but let us be civil to each other.

Mr Belemu (Mbabala): Mr Speaker, I want to thank you for giving me the opportunity to debate the Report of your Select Committee. I will not be long because I have perused through your Committee’s report and have taken note of both the mover and the seconder’s statements regarding this report.

Mr Speaker, I have a few issues that I would like to raise. I have taken note that Hon. Mr Justice Nigel Kalonde Mutuna is one of the nominees that has been proposed to be promoted to the Supreme Court Bench. I find this surprising because when the in Patriotic Front (PF) Government came into office, it constituted a tribunal to have him removed from office. It is interesting that a few years down the line, the Executive is now proposing that he should be promoted. At that time, we argued that there was something not clear about the way that tribunal was constituted. Various stakeholders also argued about the appointment of a High Court Judge from Malawi to head that tribunal and there were other submissions that were submitted via the media regarding the matters that surrounded that tribunal. However, I support his appointment because from a layman, citizen and stakeholder’s point of view, I felt that there was something wrong with the way that tribunal was constituted and the arguments that the Government then had advanced.

Sir, it would have been interesting for the appointing authority and your Committee to hint on what has changed between the time they thought he should be removed from office as a High Court Judge and now because there are lessons to be learnt from this appointment. Among them, in my view, is the need for the appointing authority not to be haste in making decisions, particularly to disappoint Constitution office holders. If they had taken their time, they would have known that the nominee, as opposed to being dismissed from the Judiciary, deserved to be promoted as they are now proposing. The law of politics in the Judiciary, particularly at the level of Judges, must be underplayed. It must play a minimal role particularly when it comes to disappointments.

Mr Speaker, since your Committee has not highlighted why that tribunal was constituted to investigate the nominee, it is only possible that the matters were more of a political nature than real because they would still be referred to today as was the case a few years ago or in 2012. Going forward, when it comes to matters to do with Judges, it is important for the Executive not to appoint tribunals or start processes that will end in futility. Taxpayer’s money was used, but to date, there is no clear explanation as to what happened. Fittingly, even today, someone asked about the whereabouts of Judge Chikopa.

Hon. UPND Members: Hear, hear!

Mr Belemu: Mr Speaker, the same person whom Judge Chikopa from Malawi came to investigate is now being promoted. I wonder what is going through his mind if at all he is listening to our debates.

Laughter

Mr Belemu: Mr Speaker, the Judiciary must have some level of stability so that the citizens can have confidence in it. The way that matter was handled raises a lot of concerns and questions, and obviously diminishes the confidence and perception that the citizens have in the Judiciary.

Mr Speaker, my other concern arises from what is in your Committee’s report and was highlighted by the mover of the Motion. Article 141 of the Constitution of Zambia states that:

“(1)    A person qualifies for appointment as a Judge if that person is of proven integrity and has been a legal practitioner, in the case of the-

(a)    Supreme Court, for at least fifteen years;

(b)    Constitutional Court, for at less fifteen years and has specialised training or experience in human rights or constitutional law;

(c)    Court of appeal, for at least twelve years; or

(d)    High Court, for at least ten years.

(2)    A person appointed as Judge to a specialised court shall have the relevant expertise as prescribed.”

Sir, the mover of the Motion indicated some interesting submissions regarding Hon. Madam Justice Mugeni Siwale-Mulenga, one of the proposed nominees. I assume that with regards to Article 141, (b), an additional sentence to do with specialised training or experience in human right or constitutional law was deliberately added. The key stakeholders in this regard who made submissions before your Committee were of the view that she is not qualified on account of not having any qualification, experience and training.

Mr Speaker, firstly, the Law Association of Zambia (LAZ), which I do not belong to, but I rely on when it comes to such matters, has indicated that Hon. Madam Justice Mugeni Siwale-Mulenga does not qualify to be appointed to the Constitutional Court. Secondly, the Judicial Complaints Authority (JCA), which I am aware is made up of eminent lawyers, is convinced that she does not meet the requirements to be appointed to the Constitutional Court …

Ms Lubezhi: Hear, hear!

Mr Belemu: … because she did not have any specialised training or sufficient experience in human rights. Her highest qualification is a Masters of Law from the University of Wellington in New Zealand and her major was in administrative law.

Sir, under the circumstances and going by what the mover of the Motion has said, would it not have been prudent for your Committee to have given this particular nominee due thought. You can tell from the length to which the mover of the Motion went to try to justify that nominee’s appointment that things are not as they should be. I have come to learn that when something requires lengthy explanations, then that particular thing has a problem. Otherwise, the mover of the Motion would just have said she is qualified as was the case with the others, and ended there. The mover of the Motion spoke at length trying to justify that appointment. Other than trying to justify the way the chairperson of your Committee did, he should have just summarised and told us that in his view, this person must be appointed to serve on the Constitutional Court whether she qualifies or not. That is what the summary should have been.

Hon. UPND Member: Hear, hear!

Mr Belemu: Mr Speaker, I am not a lawyer, but if the lawyers themselves can point out who is and who is not qualified, who am I then to say otherwise? I rely on lawyers, including my personal counsel, the hon. Member for Choma Central Parliamentary Constituency.

Hon. Members: Hear, hear!

Dr Simbyakula: No wonder.

Laughter

Mr Belemu: Sir, in these circumstances, ...

Mr Speaker: Do not bring the hon. Member into your debate.

Laughter

Mr Speaker: You might start creating controversies.

Mr Belemu: Sir, I want to hear, in no uncertain terms, what the appointing authority and your Committee considered as regards this nominee. What was so urgent, expedient and necessary that this person be appointed at all costs? I say so because according to this particular Article in the Constitution, there must be gaps in as far as making these appointments is concerned. It is true that if you are a lawyer or Judge, then you must have dealt with issues to do with the Constitution at whatever level. If not the Constitution, then you must have dealt with human rights of some kind. However, the provision in the law has gone further at attempting to ensure that for one to serve on this particular court, the person must have some relevant training and experience.

Mr Speaker, your Committee has indicated that some key stakeholders submitted that this particular person has difficulties. Could the Committee, therefore satisfy this House that it gave this matter due consideration and that it is satisfied that this person will perform to expectations. The hon. Member for Choma Central Parliamentary Constituency made reference to many election petitions that arise in the course of an election. It is a natural expectation that soon after the forth-coming elections, a lot of issues will arise. Are we sure that we are making a correct judgment and decision, firstly, as a Committee and secondly, as a House, that this person will perform? If there is still some doubt as regards this particular appointment, there is no harm in withdrawing the name until further consideration has been made.

Sir, the trouble of these decisions is that they have far-reaching consequences because once a person is appointed in a particular office, they cannot be removed easily. If a person appointed as Judge does not perform to expectation and you want to remove him from office, you know that there are avenues or procedures to follow. However, such actions have consequences, just like the case of Judge Nigel Mutuna, which I referred to earlier. People were anxious that he be removed from office, but today, he is being promoted. What a contradiction in four years. In the event that this nominee’s appointment is ratified, we should be mindful of injuring the integrity of the Judiciary as a whole. Someone will come here and say that we were wrong to ratify this person’s appointment because she is not qualified to be in that position. That will have lowered and injured the integrity of the Judiciary. 

Mr Speaker, I submit that the Committee should satisfy us before asking us to ratify appointments. It must also be prepared for future consequences because we shall come back and talk about this particular Judge. If I will be in the village, I will remind the Committee that the hasty decision it made has worked against it, just like the issue regarding Judge Nigel Mutuna. Therefore, in the absence of correct justification, it would be my proposal that this name, alone, be withdrawn while the rest are approved.

I thank you, Sir.

Hon. UPND Members: Hear, hear!

Mr Mutelo (Lukulu West): Mr Speaker, thank you for this opportunity to contribute to the debate. I do not really want to dwell on the nominees appointed to serve as Judges of the Supreme Court, but those appointed to serve on the Constitutional Court. The Constitutional Court will deal with issues surrounding the election of the President, Members of Parliament, mayors, council chairpersons and councillors. The sole responsibility of the court will be to interpret the Constitution as it is applied to all citizens. I also want to thank the appointing authority for the appointments.

Sir, having gone through the report, I noticed that the Law Association of Zambia (LAZ) was not in support of some of the nominees. That is not comforting, especially that it came from LAZ. The other witnesses like the Foundation for Democratic Process (FODEP) and Transparency International Zambia (TIZ) supported these appointments. So, why did LAZ have a different opinion on these nominees?

Sir, the catchword from the Chairperson of your Committee is general, and so, I will also, generally, support the ratification. I hope this ratification is not just for formality. I hope your Committee took into account the submissions made by the witnesses. If the Committee just brought these names here so that we can endorse them, posterity will judge us harshly. By then, it will be too late. So, I have no problem ratifying these appointed persons based on what is contained in your report.

Mr Speaker, coming to the issue of the lack of infrastructure, I would like to know where these Judges appointed to serve on these courts will be operating from? Does the Government have buildings which it intends to allocate for use by these Judges? Is the Government going to start looking for plots where to put up buildings to house these Judges? Does it intend to rent some building or rooms somewhere as courts of law? I hope that the Executive has undertaken advanced measures to deal with that situation. 

Sir, I also note that the report has mentioned the issue of money relating to remunerations of the officers of the Constitutional Court. I hope the Treasury will be able to sustain such expenditure. If all these matters have been taken care of, then I see no problem. However, if we will not be able to meet the cost of the day to day running of this court, then we are asking for problems. We should not do things such as the setting up of a constitutional court just for the sake of it. So, in a nutshell …

Mr Mwale interjected.

Mr Speaker: Order!

Hon. Member on my right, you cannot ask a question while seated.

Mr Mutelo: Sir, I like listening and observing as you give guidance.

Laughter 

Mr Mutelo: Sir, all I am trying to say is that I hope all the necessary steps have been put in place to ensure the proper functioning of this court as we are ratifying the nominees this afternoon in this House. 

Sir, I am thankful for being able to see the amount of time you have allowed me to debate so far ... 

Mr Speaker: Order!

You now are going back to the issues that were there before lunch. I had explained that I did not want the Motion to lapse and, therefore, I was going to use a certain method to ensure that did not happen. Of course, I seemed to have stepped on some toes. However, we now have the whole afternoon and evening up to tomorrow morning. We have been here up to morning before. We can go up to 0600 hours tomorrow morning and I will be here seated. 

Mr Mutelo: Sir, yes indeed, I am a witness to the fact that we have been here before throughout the night.  I was saying that I am really thankful for being able to see my time as I am debating. 

Sir, to sum up my remarks, I would like to say that I generally support the recommendations of your Committee as highlighted by the Chairperson. Who am I to oppose the wishes of the appointing authority?  There would have been a problem if the appointing authority …

Mr Speaker: Order!

Hon. Member, if you have exhausted your remarks, please, end now because there are others who may want to debate. I am not stopping you but, please, sum up as you have said.

Mr Mutelo: Sir, I was saying that there are moments when we are warned by the Executive not to do certain things …

Mr Mwale interjected.

Mr Speaker: Order!

Laughter 

Mr Mutelo: Since there has not been any warning from the appointing authority, I generally accept the ratification of the nominees, but I hope we are not just doing this as a formality. 

I thank you very much, Sir.

Mr Lufuma (Kabompo West): Mr Speaker, I do not intend to take long. I just want to talk about a small matrix that I came up with following the analysis from the interviews and submissions of the witnesses that appeared before your Committee. 

 Mr Speaker, in the first instance, I went through the report. As the mover of the Motion indicated, Article 141 has the most important Clause relating to a person who qualifies for appointment as a Judge of his court. Such a person must be of proven integrity. Proven integrity is a bit difficult to measure and, therefore, I do not want to dwell on that issue. However, this Clause also states that an appointee of the Constitutional Court must have been a legal practitioner for at least fifteen years and have specialised in training or experienced in human rights or constitutional law. I want to emphasise on the fifteen years experience. If there is any nominee that does not have or hold the aforementioned training or fifteen years experience, they are not supposed to be on this list for ratification.

Mr Speaker, among the witnesses that appeared before your Committee, there were representatives of the Judicial Service Commission (JSC). Essentially, these were consulted by the appointing authority prior to that and, therefore, I do not want to take their submissions too seriously. There were also witnesses from the Judicial Complaints Commission (JCC), who were entirely independent and complained that they were not even consulted earlier. That complaint is reflected in the report. 

Sir, we also got submissions from the Law Association of Zambia (LAZ). I think LAZ holds quite some prominence in the territory of legal matters. Other witnesses came from the Human Rights Commission (HRC) and Foundation for Democratic Process (FODEP), which is just an advocate institution. So, the perception of witnesses from FODEP is as good as mine. There were also submissions from Transparency International Zambia (TIZ), which essentially looks at whether or not nominees have been found to be corrupt or otherwise. The Government of the Republic of Zambia (GRZ) also sent submissions, but obviously as expected, the hon. Minister of Justice supported the nominations. There is no way he cannot support the nominations from the top. 

Sir, I wanted to get some independent thought on this matter and, fortunately, I was able to find it. So, I have listed the nominees. The first one is Justice Hildah Chibomba. As was expected, JSC essentially said the honourable Lady was qualified and supported her nomination. The JCC had a totally different opinion. It did not support her nomination and said she was not qualified. She did not have the fifteen years experience neither was she experienced or trained in constitutional or human rights law. Funny enough, LAZ supported her nomination. 

Laughter 

Mr Lufuma: Sir, the HRC obviously supported this nominee, but I will not concentrate on that. I will concentrate on the submissions of the JCC and LAZ. 

Sir, let me move to the next one who is Mrs Mugeni Siwale-Mulenga. The one whose appointment my hon. Colleague from Mbabala was skeptical about. Interestingly, Mrs Siwale-Mulenga got a no from the JCC. No could mean that she is not qualified, has not served for fifteen years as a legal practitioner, has no training in human rights, has not taken any cases to defend or otherwise. So, she is not qualified to be ratified. From LAZ, which is a prominent institution on these matters, she got a no.

Mr Speaker, I will go to the next person who is Justice Anne Mwewa-Sitali. Under the JCC, she got a yes with three complaints. Under LAZ, she does not qualify. She does not have the fifteen years, training in constitutional law or the necessary experience or training in human rights. These are key issues which should determine whether or not this person qualifies to sit on the Bench of this very important court.

Mr Speaker, the next person is Professor Margaret Mulela Munalula, a graduate of 1981. The professor got a no from the JCC. It said she only has two years at the Bench. She has only practiced for two years only. The other years from 1981 she has been in a classroom lecturing.

Laughter

Mr Lufuma: Sir, the training which she did was neither on constitutional nor human rights matters. So, despite being a professor of Law, she does not qualify according the JCC. Funny enough, LAZ says, yes because she has vast knowledge. LAZ felt that she will give a new perspective and direction to this court. This is very confusing. These are institutions of lawyers.

Laughter

Mr Lufuma: I am not a lawyer.

Mr Hamudulu: The Speaker is.

Laughter

Mr Lufuma: Sir, then we go to Ambassador Palan Mulonda. Hon. Minister of Justice, the JCC says he is not qualified. He has not served for fifteen years, kulibe, there is nothing. Further, he has no training in human rights and constitutional law. He has no experience at law. There is no case that he has handled. There is no indication that this person has taken on cases pertaining to human rights or constitutional law. LAZ feels that despite the individual having qualifications, he has no business being in the Constitutional Court.

Mr Speaker, lastly, we have the hon. Justice Enock Mulembe…

Mr Speaker: He is not a Justice.

Mr Lufuma: Oh! He is not.

Mr Speaker: He is not a justice.

Mr Lufuma: Sorry, let me address him by name then.

Sir, Mr Enock Mulembe, according to the JCC, does not qualify. He has a no. He has less than fifteen years at the Bench. Under LAZ, he has a no. Now, this matrix tells us a lot as to who should actually qualify to be appointed to serve the Constitutional Court. I have referred to opinions of prominent institutions, that is, LAZ and the JCC. The rest I have dismissed them because I think in my opinion they are …

Mr Hamudulu: They are partial.

Mr Lufuma: … not impartial. 

Mr Speaker, Mr Enock Mulembe does not qualify on account of what I have said referring to Article 141 of the Constitution of Zambia. Ambassador Palan Mulonda does not qualify because he got two noes. Professor Munalula, got one no and a yes. 

Laughter

Mr Lufuma: So, she could be given the benefit of the doubt.

Mr Hamudulu: The benefit of the doubt.

Mr Lufuma: Sir, since she is an academician, I think I will turn a blind eye and give her a yes. Mrs Mugeni, unfortunately, even from my colleague there (pointing at Mr Mutelo), she got a no. So, you have four nominees not qualifying to hold office while for the rest, it is 50-50. 

Mr Speaker, coming to my independent source, …

Laughter

Mr Lufuma: … it does not spare any of these six ladies or gentlemen. It is a complete no vis-à-vis Article 141 of the Constitution of Zambia, meaning none of them has the requisite fifteen years of law practice. They all do not have the necessary training in terms of human rights and constitutional law. So, how does your Committee, Mr Speaker, come to this conclusion that all the nominees without exception qualify to be ratified by this august House? I have no problem with the Supreme Court nominees by the way because they qualify. Going by the qualifications needed, the nominees to serve as Judges of the Constitutional Court do not qualify. This is why some time back, we ratified certain individuals now they are problematic in their operations and we want to repeat the same things by ratifying individuals who are not qualified. Why can we not be a bit more honest and call a spade a spade? If they are not qualified, let us tell the appointing authority just that.

Hon. Opposition Members: Hear, hear!

Mr Lufuma: Why do we like rushing? 

Laughter

Ms Lubezhi: Hear, hear!

Mr Lufuma: We are running a country, hon. Members.

Mr Hamudulu: Hear, hear!

Mr Lufuma: We have to be serious. We have to take time. You cannot tell me that there are no qualified lawyers or legal practitioners in or even outside this country who are Zambians. There are a lot of legal practitioners.

Mr Speaker, if I had time, I could have gone through the reasons I feel that the nominees do not qualify. The general reason is Article 141 of the Constitution of Zambia. Let us go back and ask the appointing authority to submit other names. I am sure the Select Committee will be more than glad to sit again and scrutinise other nominees.

Mr Speaker, I would like to thank you most sincerely for giving me this opportunity to, at least, comment on what is happening here. It is unfortunate that people who have the requisite qualifications have been excluded from the list. Why are they picking people who are not qualified for this job? Hon. Justice Minister.

Mr Speaker: I will call upon him later.

Mr Lufuma: Why?

Laughter

Mr Lufuma: Why are we doing this, hon. Learned Minister of Justice, and doctor? 

Hon. UPND Members: Hear, hear!

Mr Lufuma laughed.

Mr Lufuma: Mr Speaker, let us look at this issue. I am serious and hope that my advice will be taken so that the appointing authority gives us four more names to analyse because only two have gone through.

Mr Speaker, I thank you.

Hon. UPND Members: Hear, hear! 

Ms Lubezhi: Well done!

The Minister of Justice (Dr Simbyakula) Mr Speaker, first and foremost, I would like to commend the mover and the seconder for ably moving this historic Motion on the Floor of the House. Indeed, I want to commend the whole Select Committee for the thorough manner in which it scrutinised the suitability of the nominees to the high judicial offices of Judge of the Supreme Court and Judge of the Constitutional Court. As this House ratifies the appointment of these men and women to these high judicial offices, we should bear in mind that we are taking part in a historic event. This is the first time that we are ratifying persons to a specialised court on constitutional matters and human rights.

Mr Speaker, as we carry out the ratification process, it is imperative that we read the report of the Select Committee thoroughly and also pay attention to what was said by the mover and  seconder of the Motion.

Sir, I just want to go through the constitutional provision relating to the qualifications which the hon. Member for Kabompo – is it East or West, referred to?

Mr Speaker: West.

Dr Simbyakula: My good friend from Kabompo West and the hon. Member for Mbabala, my brother, referred to qualifications. Article 141 simply says:

“141 (1) A person qualifies for appointment as a Judge if that person is of proven integrity and has been a legal practitioner, in the case of the:

(a)    Supreme Court, for at least 15 years;

(b)    Constitutional Court, for at least fifteen years and has specialised training or experience in human rights or constitutional law;

Sir, I will restrict myself to these two and zero-in on the Constitutional Court. Whose is a legal practitioner? The mover informed the House that the Committee had to seek recourse to the Legal Practitioner’s Act, Cap. 30 of the Laws of Zambia. With your indulgence, Mr Speaker, I will read Section 2.

Mr Speaker: Please, you have my leave.

Dr Simbyakula: Mr Speaker, I thank you.

It simply says:

“A legal Practitioner means a person who has been admitted to practice as an advocate under the provisions of this Act and whose name is duly entered on the roll.”

Sir, if someone has been admitted to the Bar, it means that he has been to the Zambia Institute of Advanced Legal Education (ZIALE), passed the ten courses and their name is entered on the roll. All of us sign on that roll. This is what makes one a legal practitioner. Practising law is not restricted to going to the courts only. The practice of law is varied. You can practice law by teaching it as an academic or by being an administrator. There are so many lawyers at the Ministry of Justice who do not go to court, but are practising law. Drafters and people in the Administrator-General’s Office do not go to court. Legal practice is not just litigation. There are non-contentious issues that we deal with.

Mr Speaker, Professor Munalula has been teaching law for more than fifteen years. In fact, so have all of these names here. Ambassador Mulonda was admitted to the Bar in 1996. He has been at the Bar for twenty-two years. The Constitution simply requires fifteen years of practice. Ms Mugeni and Ambassador Palan Mulonda were classmates. She also has been at the bar for twenty-two years.  

Laughter

Hon. Government Member: Mwaona manje?

Dr Simbyakula: Sir, each of one of them has a Master of Laws (LLM) and specialised training in human rights. Ambassador Mulonda has an LLM in Human Rights and used to teach human rights law at the University of Zambia (UNZA). I was actually his boss when I was Dean of the School of Law. 

Sir, the High Court has unlimited jurisdiction. It hears matters of a constitutional law nature. Ms Mugeni Siwale-Mulenga has handled numerous cases in constitutional law, including election petitions, petitions regarding the freedom of expression and movement, Habeas Corpus and judicial review, among others. These are the matters that the Constitutional Court will be dealing with. 

Sir, the same applies to Madam Justice Hildah Chibomba. Those are the matters they were dealing with as Puisne Judges. Mr Mulembe was the director at the Human Rights Commission (HRC) for nine long years. He is now training lawyers to be advocates at ZIALE. Ambassador Mulonda was also a director at ZIALE. He took over from me. We were training lawyers and turning them into advocates. 

Sir, all these six sons and daughter have tremendous amount of experience. Of course, the witnesses who appeared before the Committee have their own interpretations. However, as legislators, we can read what laws we have made and their meaning. I will stop there.

Sir, I hope I have cleared the air on the question of qualification.

Hon. Government Members: Hear, hear!

Dr Simbyakula: The minimum experience amongst the nominees is twenty years. The Constitution only requires fifteen years at the Bar, not the other bar.

Laughter

Dr Simbyakula: Mr Speaker, as I conclude, let me, nonetheless, thank my good friend, the hon. Member for Kabompo West, and my brothers from Mbabala, Mitete ...

Mr Speaker: Lukulu West

Dr Simbyakula: Oh, Lukulu West. Pardon me. 

Laughter

Dr Simbyakula: I thank my younger brother from Lukulu West, in whom I am well pleased, and my other younger brother from Mpongwe for their contribution to the Motion on the Floor. This is as it should be, either for or against, because this is what democracy is all about. 

Mr Speaker, with these few words, I thank you.

Mr Chenda: Mr Speaker, I wish to thank all the hon. Members that have debated this Motion. Your Committee remains indebted to each one of them and the House.

Mr Speaker, I thank you.

Question put and agreed to.

ADJOURNMENT SINE DIE

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

Question put and agreed to.

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The House adjourned accordingly at 1612 hours on Friday, 11th March, 2016, sine die.

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