VOTES AND PROCEEDINGS OF THE
NATIONAL ASSEMBLY
THURSDAY, 21ST APRIL, 2016

1.    Papers Laid on the Table, -

Report of the Committee on Delegated Legislation for the Fifth Session of the Eleventh National Assembly (20.04.16) (Mr Mwiimbu, MP)

Report of the Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs on the Service Commissions Bill, N.A.B No. 2 of 2016, for the Fifth Session of the Eleventh National Assembly (20.04.16) (Mr Kapeya, MP)

Report of the Committee on Local Governance, Housing and Chiefs’ Affairs for the Fifth Session of the Eleventh National Assembly (20.04.16) (Mr Mbewe, MP)

2.    The House considered Questions for Oral Answer Nos. 400 -403.

3.    The Protection of Traditional Knowledge, Genetic Resources and Expressions of

Folklore – Bill to provide for a transparent legal framework for the protection of, access to, and use of, traditional knowledge, genetic resources and expressions of folklore, which also guarantees equitable sharing of benefits and effective participation of holders; to recognise the spiritual, cultural, social, political and economic value of traditional knowledge, genetic resources and expressions of folklore holders; to promote the preservation, wider application and development of traditional knowledge, genetic resources and expressions of folklore; recognise, protect and support the inalienable rights of traditional communities, individuals and groups over their traditional knowledge, genetic resources and expressions of folklore; to confer rights on traditional communities, individuals and groups and promote the conservation and sustainable utilisation of the country’s biodiversity; to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressions of folklore; to promote the use of traditional knowledge, genetic resources and expressions of folklore for the benefit of traditional communities, the country and mankind in general; to ensure that exploitation of traditional knowledge, genetic resources and expressions of folklore takes place with the prior informed consent of a traditional community, individual or group; to prevent the granting of patents based on traditional knowledge, genetic resources and expressions of folklore without the prior informed consent of a traditional community, individual or group; give effect to the African Regional Intellectual Property Organisation (ARIPO) Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, 2010, the World Trade Organisation Trade-Related Intellectual Property Rights Agreement (TRIPS), 1994 and any other relevant international treaty or convention to which Zambia is a State Party; and to provide for matters connected with or incidental to, the foregoing, - presented by the Minister of Commerce, Trade and Industry, read the first time; and referred to the Committee on Economic Affairs, Energy and Labour for examination until Wednesday, 4th May, 2016. - (N.A.B. 8 /2016)

4.    The Superior Courts (Number of Judges) – Bill to prescribe the number of

judges for the Supreme Court, Constitutional Court, Court of Appeal and High Court; repeal and replace the Supreme Court and High Court (Number of Judges) Act, 1976; and provide for matters connected with, or incidental to, the foregoing, - presented by the Minister of Justice, read the first time; and referred to the Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs for examination until Wednesday, 27th April, 2016. - (N.A.B. 16/2016)

5.    Report of the Committee on Communications, Transport, Works and Supply, -

Resolved, That this House do adopt the Report of the Committee on Communications, Transport, Works and Supply on the Report of the Auditor General on the Government’s Measures to Reduce Road Traffic Accidents for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 5th April, 2016. – (Mr Belemu, MP)

6.    Report of the Committee on Estimates, - Resolved, That this House do adopt

the Report of the Committee on Estimates for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 6th April, 2016. – (Mr Hamududu, MP)

7.    The Service Commissions Bill, (N.A.B. 2/2016), read a second time and committed to a Committee of the Whole House. – (The Minister of Justice)

         Committee on Wednesday.

8.    The Parliamentary Service Bill, (N.A.B. 4/2016), considered in Committee.

(In the Committee)

        Clauses 1, 2, 3 and 4, agreed to.

Clause 5:

An amendment made on page 7,     in line 8, by the deletion of the word “Speaker” and the substitution therefor of the word “Commission”; and

Another amendment made in line 10, by the insertion of the word 
“Commission” immediately after the words “Parliamentary 
Service”. – (The Minister of Justice)
    

Clause 5, as amended, agreed to.

Clause 6:

An amendment made on page 7, in line 24, by the insertion of the word “not” immediately after the word “is”. – (The Minister of Justice)

 Clause 6, as amended, agreed to.

Clauses 7, 8, 9 and 10, agreed to.

Clause 11:

Amendments made on page 9 as follows:

(a)    in line 9, by the deletion of the words “National Assembly” and the substitution therefor of the word “Speaker”;

(b)    in lines 11 and 14, by the  insertion of the words “of Parliament” immediately after the word “members”;

(c)    after line 18, by the  insertion of the following new subsections:

“(3) A member of the Commission shall, subject to the other provisions of this Act, hold office for a term of five years.

(4) Where the office of a member becomes vacant before expiry of the term of office, the member appointed to fill the vacancy shall hold office only for the unexpired part of the term.”;

(d)    in line 21 as follows:

(i)    by the  deletion of “subsection (2) (e)” and the substitution therefor of “subsection (1) (e)”; and

(ii)    by the deletion of the comma and the substitution therefor of a colon;

(e)    in line 22, by the insertion of “(i)” immediately before the words “on the revocation”;

(f)    in line 25, by the  deletion of the full stop and the substitution therefor of a semi colon and the word “or”;

(g)    after line 25, by the  insertion of the following new paragraph:

“(ii) upon resignation, by notice in writing, to the Speaker.”; and

(h)    in line 19, by the  renumbering of subsection (3) as subsection (5). – (The Minister of Justice)

        Clause 11, as amended, agreed to.

        Clauses 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, agreed to.

Clause 25:

An amendment made on page 13, in line 28, by the deletion of the words “Minister may, on the recommendation of the Commission,” and the substitution therefor of the words “Commission may”. – (The Minister of Justice)

        Clause 25, as amended, agreed to.
    
        Clause 26, agreed to.

General Amendment:

An amendment made by the deletion of the words “the Service” wherever they appear and the substitution therefor of the words “the Parliamentary Service”. – (The Minister of Justice)

        Title, agreed to.

        Bill to be reported.

Bill reported with amendments, as amended, to be considered tomorrow.

9.    The National Assembly (Powers and Privileges) (Amendment) Bill, (N.A.B 5/2016), considered in the Committee.

        (In the Committee)

        Clauses 1, 2, 3, 4, 5, 6, 7 and 8, agreed to.

        Clause 9:

An amendment made on page 5, in lines 34 to 36, by the deletion of the words “if the person does not reside within eight kilometres of the place of attendance specified in the summons” and the comma after the word “summons”. – (The Minister of Justice)

        Clause 9, as amended, agreed to.

        Clauses 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, agreed to.

Clause 21:

An amendment made on page 8, in lines 15 and 16, by the deletion of the words “such period as the Assembly determines” and the substitution therefor of the words “a period not exceeding thirty days”. – (The Minister of Justice)

        Clause 21, as amended, agreed to.

        Clauses 22 and 23, agreed to.

        Title, agreed to.

        Bill to be reported.

        Bill reported with amendments as amended, to be considered tomorrow.

10.    Adjournment, - Resolved, That the House do now adjourn.  (The Minister of Works and Supply)

        The House adjourned accordingly at 1903 hours.

Patrick Matibini, SC
SPEAKER

MEMORANDUM

Mr Speaker will take the Chair at 0900 hours tomorrow.