Debates - Thursday, 28th April, 2016

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Thursday, 28th April, 2016

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

__________

MINISTERIAL STATEMENT

MODERNISATION OF HEALTH SERVICES

The Minister of Health (Dr Kasonde): Mr Speaker, thank you for granting me this opportunity to issue a statement on the modernisation of health services in the country to the House.

Mr Speaker, my ministry has been implementing the Hospital Modernisation Programme (HMP) since 2011. The programme is intended to provide modern and specialised services to the people of Zambia and has focused on three main areas, namely infrastructure, human resource development and equipment, within the context of quality of service. The background to this programme is that the Government has been spending substantial amounts of money on sending patients abroad for treatment. For example, in 2014, it spent US$915,146 and US$1,222,163 on sending patients for treatment to South Africa and India, respectively, while in 2015, it evacuated patients to the same countries at a cost of US$290,438 and US$707,937, respectively.

Mr Speaker, since embarking on this important programme, the following milestones have been reached:

University Teaching Hospital (UTH)

Mr Speaker, the Government has implemented some infrastructure development, some of which are still ongoing. They include the following:

(a) construction of the Adult Medical Emergency Unit, which is intended to handle all emergency cases. The unit will have a computerised tomography (CT) scanner, Intensive Care Unit (ICU) and renal dialysis unit, among other facilities, in addition to the already existing ones;

(b) resurfacing of the road network in the hospital;

(c) on-going construction of a modern 400 vehicle capacity car park;

(d) on-going works on the central ventilation of the Theatre, X-ray and ICU Departments;

(e) replacement of the lifts;

(f) installation of a new CT scanner, which is fully-functional;

(g) installation of a modern Cardiac Catheterisation Laboratory, which will be able to handle cardiology interventional procedures. This will save public resources, as currently, people with cardiac conditions are sent abroad for treatment. Additionally, advanced ophthalmology equipment has been installed for eye patients; and

(h) expansion of the Cancer Diseases Hospital through the construction of 252 bed capacity wards, and on-going installation of equipment and recruitment of staff. The modern equipment installed at the facility to enhance service delivery for cancer patients includes magnetic resonance imaging (MRI), CT scanner, brachytherapy unit and Cobalt-60. 

Livingstone Central Hospital

Mr Speaker, at Livingstone Central Hospital, the Government has rehabilitated the old infrastructure and constructed new ones, which has enhanced service delivery. The major developments at the hospital are as follows:

(a) installation of a CT scanner;

(b) installation and operationalisation of the new Eye Department’s state-of-the-art equipment;

(c) establishment and operationalisation of a new seven-bed dialysis unit, which offers much-needed renal services;

(d) operationalisation of a new Surgical Outpatient Department and fully-equipped ICU;

(e) installation and operationalisation of new orthotics and prosthetics equipment for the production of artificial limbs and braces; and

(f) procurement and delivery of new advanced physiotherapy equipment. The equipment will be installed in the next few weeks.

Mr Speaker, as a result of these developments, the Livingstone General Hospital has been elevated to central hospital status and will, starting this year, be a teaching hospital under Mulungushi University.

Ndola Central Hospital

Mr Speaker, the milestones already reached at Ndola Central Hospital are as follows:

(a) installation of a fully-functional CT scanner;

(b) setting up of a  new fully-functional seven-bed dialysis unit;

(c) planned upgrade of Ndola Central Hospital, including the construction and rehabilitation of new and existing infrastructure, respectively. New constructions will include an Emergency Department and an administration block;

(d) installation of new fully-functional state-of-the-art ophthalmology equipment;

(e) installation of new laboratory equipment, for example, viral load machines, which will help to improve the care of human immune-deficiency virus and acquired immuno-deficiency syndrome (HIV/AIDS) patients; and

(f) on-going construction of a 120 capacity modern Psychiatric Unit, which will be self-contained, with laundry, kitchen and rehabilitation services, among others.

Kitwe Central Hospital

Mr Speaker, at Kitwe Central Hospital, the following have been accomplished in line with the modernisation programme:

(a) procurement of new orthotics and prosthetics equipment for the production of artificial limbs and braces;

(b) procurement of new state-of-the-art physiotherapy equipment;

(c) procurement of ICU equipment;

(d) procurement of a new CT scanner;

(e) procurement of a new X-ray machine;

(f) establishment of a fully-functional four-bed renal unit;

(g) installation of new fully-functional eye equipment; and

(h) installation of new fully-functional theatre equipment.

Other facilities

Mr Speaker, the programme is not restricted to the hospitals on the line of rail, but has rather targeted all our institutions across the country with the following developments:

(a) installation of new laundry and kitchen equipment;

(b) procurement of new CT Scanners for Kasama and Mansa general hospitals, and Chipata Central Hospital;

(c) procurement of new oxygen plants and piping of up to 150 outlets at Lewanika and Mansa general hospitals;

(d) procurement of new state-of-the-art ophthalmology equipment for all levels of existing hospitals;

(e) procurement of new dental equipment for all levels of care;

(f) upgrading of Chilenje and Matero health centres to first-level hospital status, which will be followed by the phased upgrading of Chipata, Chawama and Kanyama urban health centres. This is being done with the support of the Japanese Government;

(g) the approval of Kasama and Mansa general hospitals as internship sites by the Health professions Council of Zambia (HPCZ), which will also include Levy Mwanawasa, Kitwe, Chipata and Ndola hospitals;

(h) installation of viral load testing machines in nine provincial centres as well as the University Teaching Hospital (UTH), Ndola, Livingstone, Mongu, Mansa, Kabwe, Chipata, Kasama and Solwezi hospitals. We anticipate that Muchinga Province will offer the service before the end of the year;

(i) installation of Electronic Laboratory Information Systems at the UTH, Ndola and Livingstone hospitals;  and

(j) institution of an accreditation programme for laboratories to ensure that they adhere to international standards and/or attain international recognition.

Human Resource Development

Mr Speaker, in order to match the modern equipment we have procured with the relevant skills, my ministry has also trained personnel in specialist and super-specialist fields, employed cardiac surgeons, and partnered with specialised hospitals, organisations and interest groups to effectively offer specialists services. Additionally, 121 senior resident medical officers are currently pursuing the Master of Medicine degree at the University of Zambia (UNZA), Copperbelt University (CBU) and foreign institutions in the following fields:

Field  No. of Trainee Personnel

Surgery 34

Anaesthesia and Critical Care 16

Obstetrics and Gynaecology 28

Paediatrics 13
 
Psychiatry 4

Orthopaedic and Trauma 5

Internal Medicine  10

Pathology 2

Nuclear Medicine 2

Ear, Nose and Throat 2

Urology 1

Neurology 1

Cardiac Surgery 1

Cardiology 1

Radiology 2

Mr Speaker, the measures we are implementing will not only significantly reduce on treatment abroad, but also promote medical tourism and research in Zambia.
 
In conclusion, Sir, let me reiterate that we have reached a point of no return in our journey towards universal quality health coverage. We have, on the one hand, an increasingly enlightened community and, on the other, a growing capacity to respond to the emerging health care needs of our country and beyond.

Mr Speaker, I thank you.

Dr Kasonde laid the paper on the Table.

Hon. Government Members: Hear, hear!

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

Mr Mtolo (Chipata Central): Mr Speaker, allow me to express my happiness.

Hon. Minister, thank you for buying the computerised tomography (CT) scanners. We are very happy, indeed, and Hon. Mbewe should give the big man his days.

Laughter

Mr Mbewe: Hear, hear!

Mr Mtolo: That said, are the CT Scanners operational and has the staff necessary to man the equipment been recruited?

Dr Kasonde: Mr Speaker, I am grateful for the hon. Member’s comments. Certainly, Chipata Central Hospital is a leading facility now.

Sir, yes, the CT Scanners are operational. However, there have been occasions when one or two in a given institution are not functional and we have had to resort to other resources. I am glad that the hon. Member for Chipata Central has asked this important issue because it means that we must continually have a group of people on stand-by to take care of the equipment, and we are working on that.

Mr Speaker, I thank you.

Mr Konga (Chavuma): Mr Speaker, I also commend the hon. Minister for these very major strides taken in the history of the medical fraternity. That said, the Cancer Diseases Hospital is presently centrally-located, that is, at the University Teaching Hospital (UTH) and it is always congested. Does the Government plan, at any point in the future, to decentralise the functions of the hospital to provincial hospitals to decongest the one at the UTH?

Dr Kasonde: Mr Speaker, yes, the Cancer Diseases Hospital in Lusaka is congested, and one of its first activities has been to come up with a strategic plan that includes the involvement of our provincial hospitals in the control and treatment of cancer. This is a very important development.

I thank you, Sir.

Mr Kazabu (Nkana): Mr Speaker, I also commend the hon. Minister for this very enlightening statement. That said, I know that there was a plan for the Government to establish a specialist hospital in conjunction with Apollo Hospitals of Indian. Where are we, currently, with that project, which I consider very important to our country? As the hon. Minister has put it, if such a hospital is established, we will save a substantial amount of money, which could, then, be used to address other needs of the country.

Dr Kasonde: Mr Speaker, the subject of the hon. Member’s question is very current in our discussions. For two years now, we have been discussing with the Apollo Group of Hospitals for the provision of their service in our country. The delays we have had has been due to Apollo Hospitals’ insistence that they are not interested in constructing structures, but that they would be very happy to run the structures once constructed. Unfortunately, because of our financial constraints, we were unable to immediately construct the hospitals. However, it has recently become possible for us to build a fee-paying wing of the UTH, and we have told Apollo Hospitals that they will not have exclusive rights to operate the facility, as we intend to pick the best offer from any institution that will be willing to partner us. For that reason, some time will be spent on agreeing terms with the chosen partner. Apollo Hospitals is the front runner because of the two years of discussions we have had, but we felt that others should be given the opportunity to bid for this public-private partnership (PPP), which is an important development for the ministry.

I thank you, Sir.

Mr Hamusonde (Nangoma): Mr Speaker, is robotic surgery done in Zambia? If not, when will the necessary equipment be procured?

Dr Kasonde: Mr Speaker, the hon. Member has gone ahead of us, and I must compliment him for looking so far ahead.

Sir, robotic surgery is now done in some countries, but we do not intend to pursue it for the time being.

I thank you, Sir.

Mr Mooya (Moomba): Mr Speaker, what are the time frame and budget of the programme?

Dr Kasonde: Mr Speaker, the programme started in 2011, and we had intended it to be at a cruising speed by now, but we have not achieved that. As you may know, the initial construction, some of which is ongoing at the UTH and elsewhere in the country, has taken longer than we anticipated. Therefore, we hope to complete the programme in the next five years.

Sir, the programme will never be entirely complete because we are joining a group of institutions across the world that can provide services at the level at which we intend to provide and offer the tourist facilities that have now become a part of this activity. We shall be able to provide to ourselves and to other countries certain services while remaining open to accessing services offered by others that we cannot provide, thereby achieving equality and exchange. That is our ambition.

I thank you, Sir.

Brig-Gen. Dr Chituwo (Mumbwa): Mr Speaker, human resource development is cardinal to effective service delivery, and the hon. Minister has shed some light on that. When will specialist training be localised or done in conjunction with or within the region so that we can save on the expenses associated with training abroad?

Dr Kasonde: Mr Speaker, I thank the hon. Member for raising the important issue of human resource development.

Sir, with respect to training, we have adopted two approaches. In the first approach, the Eastern and Central African (ECA) group of countries have established colleges for higher training. In other words, medicine, surgery, anaesthesia and other specialised training are now accredited for all countries of East, Central and Southern African (ECSA), and I am proud to say that the current President of ECSA in the Division of Internal Medicine is our own Professor Njelesani, who will host a meeting of the group on 1st July, 2016, in Livingstone. The second approach is that we intend to establish a national institution to provide post-graduate or specialised training. For that, we will need the support of other countries that are willing and able to provide us with teachers from time to time, and we have that support. We hope to include an institution dedicated to advanced training in health, particularly in medical practice, in our next infrastructure development plan (IDP).

I thank you, Sir.

Mr Mbewe (Chadiza): Mr Speaker, there are many hospitals that have been built throughout the country but, in some cases, lack manpower. Does the Government have any immediate plans to open nursing schools in such hospitals?

Dr Kasonde: Mr Speaker, we do not immediately intend to establish a school of nursing in Chadiza, but I agree with the hon. Member that it is very important that the provinces become capable of training nurses and other health professionals within their provinces. That way, we can reduce the number of people who refuse to move to the rural areas, as those trained would have grown up in their environment.

Sir, last week, I launched a very important e-learning programme in Mufulira, in which more than 400 nursing students can do most of the theoretical learning at home and only go to the institutions for on-site training for part of that period. This immediately makes it possible to benefit from the capacity of teachers to teach anybody anywhere, meaning that, ultimately, even district hospitals will become training sites. For now, we intend to proceed with the provincial divisions and, then, move on to the districts so that the mobility of nursing staff and other health workers is not detrimental to the service.
 
I thank you, Sir.

Mr Chipungu (Rufunsa): Mr Speaker, I know of the very good working relationship between the Government and mission hospitals. For example, the Government funds Rufunsa Mission Hospital and provides it with vehicles and other things. However, I have not heard the hon. Minister talk about distributing the scanners to mission hospitals, some of which are doing very well. For example, Mpansha Mission Hospital is providing very good services to the people of an area where there is no Government hospital.

Dr Kasonde: Mr Speaker, I have interacted with the hon. Member at the nursing school he has mentioned, which is in his constituency, about two or three times already, and I have been very impressed by the training offered in mission hospitals.

Sir, hospitals, be they Government or mission hospitals, are classified as first, second or third or tertiary levels, and the equipment provided depends on the level of the hospital, not whether it is run by a church or the Government. It is, therefore, possible for St. Francis Hospital in Katete, which is now a general hospital, to be provided with equipment appropriate for a general hospital.

I thank you, Sir.

Mr Lufuma (Kabompo West): Mr Speaker, the hon. Minister has told us about the developments in all the other provincial headquarters, but he has said nothing whatsoever about Solwezi, which is a second-level provincial hospital. Please, correct me if I am wrong on that. So, my question is: What facilities has the modernisation programme provided for Solwezi? 

Dr Kasonde: Mr Speaker, I thought that I mentioned Solwezi in my response. In fact, I may not be able to recall immediately, but I said that Solwezi had received some of the equipment that is being provided to general hospitals because it is entitled to all equipment provided to all other general hospitals. There is no possibility of Solwezi Hospital being left behind.

Sir, may I take this opportunity to mention, as I have been reminded, that today, His Excellency the President is officiating at the opening of a nursing school in Senanga. This is a proud moment for all of us, as it shows that His Excellency, as the originator and sponsor, is very interested in this programme.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Chilangwa (Kawambwa): Mr Speaker, the challenges in the health care system in Zambia are many and immense. So, they cannot be dealt with in a day. As it is said, “Rome was not built in a day.”

Sir, following the hon. Minister’s good and elaborate statement, what is his message to us, the hon. Members of Parliament and the people of Zambia, on the milestones reached by this Government in the delivery of health care services, from 2011 to date?

Hon. Government Members: Hear, hear!

Dr Kasonde: Mr Speaker, I am proud of our achievements. I do not think that there is anybody who doubts our achievements in the infrastructure and human resource development, and provision of equipment to which I have referred.

Mr Antonio: Question!

Dr Kasonde: Sir, I want hon. Members of Parliament to share in the pride of the achievements of the Patriotic Front (PF) Government and be part of this development. In this regard, let me say that the hon. Member for Mumbwa, Brig-Gen. Dr Chituwo, is a founding fellow of the ECSA College of Surgeons and that it is this kind of support and interaction that will make this House part of the great achievements of the PF Government in the health sector over the last five years. The only condition for continued success, as I see it, is that the leadership that has been provided by His Excellency the President is enabled to continue for many years to come.

I thank you, Sir.

Hon. Government Members: Hear, hear!

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QUESTIONS FOR ORAL ANSWER

CONSTRUCTION OF STAFF HOUSES AT MUMBEJI LOCAL COURT

414. Mr Lufuma (Kabompo West) asked the Minister of Justice:

(a) when the construction of staff houses at Mumbeji Local Court in Kabompo West Parliamentary Constituency would be completed;

(b) what had caused the delay in completing the project; and

(c) what the cost of the project was.

The Minister of Justice (Dr Simbyakula): Mr Speaker, the construction works will resume after the completion of the assessment and costing of the remaining works, re-tendering and award of a new contract to a contractor have been completed. These processes are also subject to the availability of funds.

Sir, the delay in completing the project is attributed to financial constraints in the 2015 and 2016 Budgets.

Mr Speaker, the contract sum for the project was K535,519.20.

I thank you, Sir.

Mr Lufuma: Mr Speaker, I thank the hon. Minister for that short answer.

Sir, the two structures in question are very small and simple, yet they have taken more than five years to complete. They are still below the window level. Surely, even if Zambia is classified as a low income country, should we live up to that status? Is the hon. Minister saying that this Government could not raise the K535,519.20 needed to complete those simple structures in five years or should I take it that it is a lack of commitment that is the problem? It is said that where there is a will, there is a way. So, is there any will in this Government to complete the structures?

Mr Simbyakula: Mr Speaker, there is a lot of will in this Government to complete those projects.

Si, I understand the lamentations of my good friend, the hon. Member for Kabompo West, and I assure him that we intend to prioritise the completion of the projects we have started.

I thank you, Mr Speaker.

Mr Pande (Kasempa): Mr Speaker, the project was started, but it stalled mid-way due to a lack of resources, as the hon. Minister has said. Was it under-budgeted? I ask this question because the money that was allocated to the project should have been enough to complete it.

Dr Simbyakula: Mr Speaker, the funds became unavailable while the project was under implementation.

I thank you, Sir.

Mr Sianga (Sesheke): Mr Speaker, when will the assessment be completed? Further, when does he think the project will be completed?

Dr Simbyakula: Mr Speaker, our engineers are carrying out the assessment and we hope to include the project in the 2017 Budget.

Mr Speaker, I thank you.

BOUNDARY DISPUTE BETWEEN CHIEF BUNDABUNDA AND CHIEFTAINESS MUPANSHYA

415. Mr Chipungu (Rufunsa) asked the Minister of Chiefs and Traditional Affairs:

(a) whether the Government was aware that there was a boundary dispute between Chief Bundabunda and Chieftainess Mupanshya  in Rufunsa District; and

(b) if so, when he dispute would be resolved.

The Minister of Chiefs and Traditional Affairs (Dr Katema): Mr Speaker, the Government is aware of the boundary dispute between Chief Bundabunda and Chieftainess Mupanshya in Rufunsa District.

Sir, officers from my ministry have engaged the two chiefdoms in order to resolve the boundary dispute.

Mr Speaker, I thank you.

Mr Chipungu: Mr Speaker, …

Mr Mbewe: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Mbewe: Sir, I thank you for giving me this chance to raise a point of order.

Sir, I congratulate Hon. Kambwili on being awarded a doctorate.

Hon. Members: Hear, hear!

Mr Mbewe: However, is my cousin, who is seated comfortably, in order to have got his honorary doctorate degree silently without informing me so that I can also use the route he used to be awarded a doctorate?

Sir, I need your serious ruling.

Mr Speaker: My ruling is that you can resolve that matter over tea break. Engage him to give you the roadmap.

Mr Mwale: Doctor Mbewe.

Mr Chipungu: Mr Speaker, I am pleased to learn that officers are engaging the two Chiefs. However, could the hon. Minister say how long the matter will take to resolve.

Dr Katema: Mr Speaker, the officers who are on the ground are doing preliminary work. The challenge in conclusively resolving the dispute is that we lost His Royal Highness, Chief Bundabunda on the 23rd February, 2013, and the chiefdom is currently locked in a succession dispute that is the subject of an active court case, meaning that the chiefdom has no substantive chief. So, we will resolve the boundary dispute as soon as the succession dispute is resolved.

I thank you, Mr Speaker.

Brig-Gen. Dr Chituwo (Mumbwa): Mr Speaker, I hope that the hon. Minister will assist me with a general response.

Sir, boundary disputes between chiefdoms are pervasive. I have in mind a longstanding boundary dispute among Chiefs Chitanda, Chibombo and Kaindu of Mumbwa. Does the hon. Minister have any plan to resolve this dispute and many others that have been brought to his attention?

Dr Katema: Mr Speaker, let me take advantage of this follow-up question to inform the House that the reason for the many boundary disputes between chiefdoms is not that there is a lack of knowledge of all the chiefdom boundaries. The problem is that our people who migrate from one chiefdom to another tend to want to migrate with the boundaries. For example, when an entire village moves into another chiefdom, the villagers want to extend the boundaries of their chiefdom to their new village. So, what is required for the dispute to be resolved is for surveyors to engage the elders and chiefs in the chiefdoms.

I thank you, Mr Speaker.

Mr Simuusa (Nchanga): Mr Speaker, were the 1958 Chiefs and Kingdoms Boundary Maps made available to Chief Bundabunda and Chieftainess Mupanshya? If so, why has the dispute not been resolved?

Dr Katema: Mr Speaker, the 1958 maps are available not only to the royal establishments, but also ordinary citizens like the hon. Member of Parliament for Nchanga. The Ministry of Lands, Natural Resources and Environmental Protection can generate them for anybody.

Sir, the Government is engaging the House of Chiefs to help it resolve most of the chiefdom disputes and wrangles. That is the direction we are taking.

Mr Speaker, I thank you.

Mr Mutelo (Lukulu West): Mr Speaker, have the 1958 boundary maps been given to the two chiefdoms currently under discussion? Further, could the hon. Minister clarify his statement that some Chiefs migrate with boundaries.

Laughter

Dr Katema: Mr Speaker, the maps have been made available to all the chiefdoms like I mentioned.

Sir, if one headman and his people move from one chiefdom to another following fish, game or fertile land, the chief or chieftainess from whose chiefdom they moved will continue to consider them and their area as his or hers despite their having crossed the boundary of his or her chiefdom. That is what I meant when I said that they migrate with the boundaries.

I thank you, Sir.

Mr Speaker: Anyway, it appears that the problem is linguistic, as it is difficult to conceive how one can lift a boundary and relocate with it.

Mr Mbewe (Chadiza): Mr Speaker, boundary disputes between chiefs are very common, and there is one in Chadiza. Has the ministry resolved any such dispute so that the people in two initially feuding chiefdoms now live amicably?

Dr Katema: Mr Speaker, we solve the disputes as they arise. As people continue migrating, we will have them and we will keep solving them as they arise.

Mr Speaker, I thank you.

RESURFACING OF THE UNEVEN STRETCH OF CHIKWA ROAD

416. Mr Mbulakulima (Chembe) asked the Minister of Works and Supply what the progress on the resurfacing of the uneven stretch of Chikwa Road between Addis Ababa and the High Court Roundabouts in Lusaka, as per the undertaking made in June, 2014, was.

The Deputy Minister of Works and Supply (Dr Mwali): Mr Speaker, Chikwa Road is included in the project to rehabilitate 50 km of selected Lusaka City roads. The procurement of a consultant to come up with the designs and supervise the construction is currently ongoing. The consultancy contract will be signed during the third quarter of 2016 and the procurement of the works will commence in the third quarter of 2017, once the designs have been completed.

Mr Speaker, I thank you.

Mr Mbulakulima: Mr Speaker, the hon. Deputy Minister is also Member of Parliament for Chifunabuli which, like Milenge, have nothing apart from trees and grass.

Laughter

Mr Mbulakulima: Mr Speaker, does it not worry him that after constructing very good roads in Lusaka, there is still that stretch to distort everything? The Head of State, foreign dignitaries and other important people, including the hon. Deputy Minister and I, use that road. So, why does it not receive the urgency that it deserves? The answer he has given is the same as the one given in 2014. Does he not think that the people of Lusaka are worried about driving on that stretch?

Hon. Opposition Members: We are!

Mr Mbulakulima: Mr Speaker, is there not any need for the hon. Minister to show the sense of urgency that the people of Lusaka expect of their Government?

Dr Mwali: Mr Speaker, indeed, we have undertaken many works in Lusaka. However, we also had to prioritise the roads that were in a worse condition. That said, we are happy that the stretch will be worked on in 2017.

I thank you, Sir.

Mr Mooya (Moomba): Mr Speaker, I agree with Hon. Mbulakulima’s sentiments that it is very embarrassing that the stretch has been uneven for many years.

Sir, from a layman’s point of view, the cause of the problem are the roots of the trees along the road. Why should it take a consultant and a lot of time to correct that? I think that the roots can be dug out and the road repaired.

Mr Speaker: Hon. Minister, your comment.

Dr Mwali: Mr Speaker, I am slightly surprised that the hon. Minister, …

Hon. UPND Members: Hear, hear!

Mr Mwiimbu: He is coming!

Dr Mwali: … sorry, the hon. Member of Parliament and a respected engineer, does not see the need for engaging a consultant for that stretch. He should know that it is important for us to be informed by consultants what works would be necessary.

I thank you, Mr Speaker.

Mr Speaker: What about his suggestion about the probable cause of the damage?

Dr Mwali: It is true, Mr Speaker, that the roots are responsible for the distortion. However, we still insist on the need for consultants to inform us on the works on that stretch and others.

I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, the hon. Minister has just received free consultancy from the engineer here, yet he is complaining.

Laughter

Mr Speaker: Order, hon. Member, the hon. Member for Moomba’s role is not to provide consultancy services, but to perform a representative role. Yes, he is an engineer, but that is beside the point.

Ms Imenda: Thank you, Sir, for the guidance. I was just creating a light moment.

Sir, I just want to look at the problem from a different angle. Could it be that the state of the road is a speed control mechanism and an alternative to putting up speed humps?

Laughter

Mr Speaker: I am not sure whether that is still on a light moment.

Laughter

Dr Mwali: Mr Speaker, that could be another way of looking at it.

Laughter

Mr Pande: Mr Speaker, it is obvious, even to a layman, that the cause of the distortion are the roots of trees along the road. I wonder why trees that may cause the same problem in the near future have been planted along Addis Ababa Road. I do not know whether this has been considered. I recall raising the matter with Hon. Kabanshi when she was at the Ministry of Local Government and Housing as the trees were being planted. I do not know why the Ministry of Works and Supply has not taken note of that and done something about it.

Dr Mwali: Mr Speaker, I have been informed that when the works are undertaken, a way will be found to manage the roots so that they do not damage the road.

I thank you, Mr Speaker.

__________

BILLS

FIRST READING

THE PASSPORT BILL, 2016

The Minister of Justice (Dr Simbyakula) (on behalf of the Minister of Home Affairs (Mr Mwila)): Mr Speaker, I beg to present a Bill entitled the Passport Bill, No. 23 of 2016. The object of the Bill is to provide for:

(a) the vesting of powers and duties for the issuance and control of passports and travel documents;

(b) the issuance of passports and travel documents;

(c) the recognition of Interpol travel documents;

(d) the repeal and replacement of the Passport Act of 2003; and

(e) matters connected with, or incidental to, the foregoing.

Mr Speaker, I thank you.

Mr Speaker: The Bill stands referred to the Committee on National Security and Foreign Affairs. The Committee is required to submit its report on the Bill to the House by Tuesday, 10th May, 2016.

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

__________

MOTIONS

REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS

Bishop Lt-Gen. Shikapwasha (Keembe): Mr Speaker, I beg to move that the House do adopt the Report of the Committee on National Security and Foreign Affairs for the Fifth Session of Eleventh National Assembly, laid on the Table of the House on 12th April, 2016.

Mr Speaker: Is the Motion seconded?

Mr Chenda (Bwana Mkubwa): Mr Speaker, I beg to second the Motion.

Bishop Lt-Gen. Shikapwasha: Sir, in accordance with Standing Order No. 157, your Committee considered the topical issue of the management and operations of Zambian missions abroad. Your Committee also considered the outstanding issues from the Action-Taken Report of your Committee for the Fourth Session of the Eleventh National Assembly.

Mr Speaker, the background to the inquiry arises from widespread complaints on the state, role and management of Zambian missions abroad and questions on whether they serve the purpose for which they were established. There have also been issues of security of tenure and qualifications of diplomats and their support staff. Coupled with that is the public perception that appointments to missions abroad are based on political patronage rather than suitability for the job.

Sir, the stakeholders and your Committee were amazed to learn that the Government had, on one hand, closed a number of missions and, on another, opened new ones amidst challenges of staffing and financing the existing missions.

Mr Speaker, your Committee was informed that, broadly, the functions of missions abroad are as provided in Article 3 of the 1961 Vienna Convention on Diplomatic Relations. Your Committee was also informed that the specific functions of Zambian missions abroad are in line with the Foreign Policy, which is premised on values and principles that safeguard the country’s social, economic, political, security and cultural interests, and enhances Zambia’s interaction with other States at both the bilateral and multilateral levels. In recent times, however, the functions of missions abroad have generally shifted from political to economic diplomacy, and the appointment of diplomats should be in conformity with this paradigm shift.

Sir, one major setback in the management and operations of Zambian missions abroad is the appointment of staff. In the past and currently, the appointments have been based on political patronage, which has resulted in very high staff turnover each time there is a change of Government. Since political patronage, not academic or professional qualifications, has been the overwhelming qualification for most appointments into the Foreign Service, the appointees cannot be equal to the task given to them. To add insult to injury, the training provided at the Zambia Institute for Diplomacy and International Studies (ZIDIS) is inadequate, and that is worsened by the fact that the training is done after the appointment has already been made. Further, foreign missions are perceived to be a place for isolating retired and unwanted high-ranking officials.

Mr Kambwili: Question!

Bishop Lt-Gen. Shikapwasha: Your Committee, therefore, recommends that the Government makes a very serious effort to develop a cadre of career diplomats with the pre-requisite competences to manage missions abroad as opposed to appointing officers for political appeasement or payback. Apart from avoiding the misplacement of manpower, this will introduce and guarantee security of tenure for the officers and enhance the work of the missions. In this regard, your Committee also urges the Government to speed up the enactment of the laws aimed at establishing a career diplomatic service.

Mr Speaker, the other issue that has beset the management of missions abroad is dependency on rented buildings, which has made the operational costs very high. In many cases, the state of the properties for Zambian missions abroad is very poor, resulting in officers vacating them to occupy rented properties. In this regard, your Committee urges the Government to expedite the construction or purchase of properties for missions abroad through mortgages and other available financial facilities. This will enable the Government to earn money by leasing or renting out office space to other institutions and organisations, thereby making missions self-sustaining.

Sir, another matter worth monitoring in the management and operations of Zambian missions abroad is the inability of the Ministry of Foreign Affairs to develop a system for monitoring the performance of officers accredited to missions abroad to ensure that they contribute to the strategic objectives of the Government through the Ministry of Foreign Affairs. In this respect, your Committee recommends that the Ministry of Foreign Affairs puts in place an elaborate performance appraisal system.

Sir, the other concern that came to your Committee’s and the stakeholders’ attention with regard to the management of Zambian missions abroad is the dual reporting system. Currently, all appointments to the Foreign Service are a preserve of the Head of State, while the Public Service Commission (PSC) and the Ministry of Foreign Affairs formalise the appointments into the Civil Service. This has resulted in the majority of officers believing that they are only answerable to the appointing authority, not the Permanent Secretary in the Ministry of Foreign Affairs. This has, in turn, resulted in the Permanent Secretary being restrained from disciplining non-performing officers. In this regard, your Committee urges the Government to streamline the appointments and reporting channels for diplomats abroad.

Mr Speaker, one of the factors that have adversely affected the efficacy of missions abroad is the lack of specificity of national interest, that is, the specifics given for missions to operate in order to promote the interests of the country. Your Committee was informed that Zambia has a number of resident missions abroad that cover extra accreditation. In many cases, no specific interests are spelt out to warrant the existence of such missions, and that has resulted in a failure to determine and appropriate the levels of human and financial resources necessary to achieve the desired results in the missions. Some missions are complex and need special attention. For example, the one in Geneva covers bodies like the World Trade Organisation (WTO), the International Labour Organisation (ILO) and the United Nations Industrial Development Organisation (UNIDO). With such a complex mandate, it is necessary to provide the mission with staff skilled enough to represent the country adequately to those very important institutions. Unfortunately, there, apparently, seems to be no such differentiation in the allocation of resources and staff. Your Committee, therefore, urges the Government to grade and classify the missions in order for it to be informed by the strategic importance of each mission in allocating the necessary resources.

Sir, in conclusion, I thank you for the guidance and support rendered to your Committee during the execution of this programme of work. I also thank the Chief Executive Officers (CEOs) of the institutions that made submissions to your Committee. Further, I thank the members of your Committee for their co-operation and dedication to duty, without which the work of your Committee would not have been fruitful. Lastly, but not the least, I extend your Committee’s gratitude to the Clerk of the National Assembly of Zambia and her staff for the wonderful services rendered to your Committee during its session.

I thank you, Sir.

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

Mr Chenda: Now, Mr Speaker.

Mr Speaker, in seconding the Motion moved by the Chairperson of your Committee, I would like to highlight just a few issues contained in your Committee’s report on which the mover of the Motion has not touched.

Mr Speaker, your Committee was informed that one of the functions of missions abroad is to ascertain, by all lawful means, the conditions and developments in the receiving States and reporting thereon to the government of the sending State. This function entails the gathering and processing of information on political, economic, cultural, military and other developments in the receiving States. This function is very important to the sending State for without it, the sending State would be ignorant of some of the happenings in the receiving State and, therefore, unable to negotiate effectively. In this regard, the appointment of officers to missions abroad should be done with due diligence. Otherwise, the nation would end up with diplomats who cannot effectively execute this function.

Mr Muchima: Hear, hear!

Mr Chenda: Mr Speaker, your Committee was informed that one of the factors that adversely affect the performance of Zambian missions abroad is non-adherence to established regulations and procedures in the management of resources by some officers responsible for running of the missions. On a number of occasions, the Auditor-General has reported gross financial irregularities in Zambian missions abroad and, unfortunately, no punitive action has been taken against erring officers. Sometimes, officers found guilty of financial mismanagement and other offences have merely been transferred to other stations.Your Committee, therefore, recommends that the training offered at the Zambia Institute for Diplomacy and International Studies (ZIDIS) includes a code of conduct and basic financial management skills.

Mr Speaker, the other impediment to the performance of the missions abroad is a lack of support from line ministries. There are instances when ministries have not provided or delayed the provision of specialised staff and/or information to the missions abroad. In this regard, your Committee urges the line ministries to work closely with missions abroad in providing requisite staff and information for the efficient running of specialised units for the promotion of trade and tourism.

Sir, another challenge to the performance of our missions is the language barrier, as some officers are posted to missions in countries where the national language is a barrier to effective communication and they find it difficult to articulate issues. Further, national cultures do not provide a suitable working environment for foreigners. Your Committee, in this regard, recommends that one of the qualifications for officers to be deployed in the Foreign Service be proficiency in, at least, one foreign language, such as French, Spanish or Portuguese.

Mr Speaker, lastly, let me thank the Chairperson of your Committee for the able manner in which he presided over the business of your Committee. I also thank all the members of your Committee for their co-operation and dedication to duty.

Mr Speaker, I thank you.

Ms Imenda (Luena): Sir, I just thought I should add a few thoughts to the debate on this issue because I did not want the hon. Members of your Committee to think that the adoption of their report has just been a formality. However, I am not challenging the report.

Interruptions

Ms Imenda: Mr Speaker, as regards the appointment of staff in the Foreign Service, an institute for training diplomats was established by the Government and taxpayers’ money is spent on it, yet most of those who graduate from it are not considered. Instead, political party cadres are the ones who are appointed, and this is very frustrating to the people who graduate from the institute who, I presume, are mostly young.

Sir, I applaud the emphasis of the Committee on the need for effective financial management in our missions abroad. Every year, our universities churn out young economists. We also have people who are very conversant with issues of trade and other economic activities in the Civil Service and other sectors. Those are the people who should be sent into our foreign missions.

Mr Speaker, we have experienced some very embarrassing situations when political party cadres have been sent into our missions abroad. For example, when they get there, they do not know what they are supposed to do and cannot even respond effectively to a query or communicate effectively on economic matters. Our country can be downgraded because our diplomats are the national mirrors. The world sees Zambia through the ignorant people the Government sends to our missions abroad. Some people have been sent to foreign missions just because they were very active in party mobilisation and helping the Ruling Party to win elections, yet Zambia is for all of us. So, let us send qualified people into the Foreign Service.

Mr Speaker, let me give you an example of how embarrassing appointing ignorant people into the Foreign Service can be. The hon. Member of Parliament for Bwana Mkubwa mentioned the queries that have been raised by the Auditor-General on accounts of foreign missions. We once came across somebody who was said to be an accountant at one of our foreign missions. Alas! He did not have any clue about what a debit and credit is or how to prepare financial statements. When such people are recalled, they just leave the books of accounts of foreign missions in a quandary, which means that when officers from the Auditor-General’s Office visit the missions, they do not find any proper documentation or explanation. There is also the case of a diplomat who just decided to lock up the office and leave. I do not know whether he had an argument with the powers that be or the Executive that sent him there. The office is still locked up and it seems that nobody knows what to do about it. The diplomat decided not to even come back to Zambia, and I do not know where he got such audacity. He must be very powerful. This is a classic example of the embarrassment that comes from appointing people who feel that the party in power owes them something.

Mr Speaker, as regards the issue of rented accommodation for our diplomatic missions, we have a problem in Brussels, and I thought it opportune to bring it to the attention of the Government now. When people rent property, there is a security deposit paid, but diplomats are exempted from that requirement. In Brussels, however, African embassies are being discriminated against on this aspect, and we planned to bring this issue to the attention of the Ministry of Foreign Affairs at an appropriate time so that the ministry could engage the Belgian Ambassador on it.

Sir, I just thought that I should share those thoughts with my colleagues on the other side in case they were not aware of them. I can see the hon. Minister of Foreign Affairs smiling, meaning that he approves of what I have said.

Mr Speaker, I thank you.

The Miniater of Foreign Affairs (Mr Kalaba): Mr Speaker, I thank your Committee for the very elaborate report.

There was some interference from a microphone

Mr Speaker: Order!

There is some interference from someone’s microphone.

Mr Kalaba: Sir, I think it is from the United Party for National Development (UPND) side.

Laughter

Mr Kalaba: Mr Speaker, I congratulate the Chairperson of the Committee on the very elaborate report he has presented to this House. With your permission, I will clarify one or two issues that he has raised on the Floor of this House.

Sir, I have heard a lot of talk about the sending of political cadres into the Foreign Service at the expense of qualified personnel. The Patriotic Front (PF) Government has walked the talk and insisted on sending only the people who are relevant to the missions to which we send them. In 2014, we launched the Economic Foreign Policy, which elucidated the need for Zambia to begin deriving economic benefits from its thirty-eight missions abroad and we have recently recalled eighteen accountants who were not from the Office of the Accountant-General. We are also sending officers from the Ministry of Finance to replace those we are recalling. Further, we ask the Ministry of Commerce, Trade and Industry to give us expert economists to send as trade attachés in our foreign missions. Similarly, we ask for experts in tourism from the Ministry of Tourism and Arts to send as tourism attachés. Yes, sometimes, it is imperative for the country to be represented in other countries by people who believe in the ideals of the Ruling Party. Imagine, for a second, that we sent Hon. Jack Mwiimbu or one of the Opposition hon. Members to represent us in London or the United States of America (USA).

Hon. UPND Member: On a point of order, Sir.

Laughter

Mr Speaker: Order, hon. Minister!

Laughter

Mr Speaker: To avoid controversies, let us not exemplify issues on the Floor of the House using personalities.

Mr Kalaba: Mr Speaker, I withdraw that example and thank you for your guidance.

Mr Speaker: Yes, please.

Mr Kalaba: Sir, what I was trying to say is that we will send people who are sympathetic to the party, and that this is a common practice in the diplomatic circles. It is not peculiar to Zambia. I know that Hon. Bishop Lt-Gen. Shikapwasha, the Chairperson of this Committee, understands this in its entirety. You send somebody who will carry the philosophy of your party so that they are able to articulate the beliefs and ideas of the party in Government. That notwithstanding, we still ensure that those being sent are able to effectively represent our country and do so with the necessary dignity and decorum. The moment we come across evidence that points to a diplomat’s unsuitability for the position, we always recall them and examples are many.

Mr Mwimba H. Malama: George Mpombo.

Laughter

Mr Kalaba: Mr Speaker, we are already addressing the issue of rented accommodation for diplomats and are piloting the project in the USA and United Kingdom (UK), where we will build infrastructure and see how we can enable missions to cut down on expenditure. The Government has recognised the importance of this idea. That is why President Lungu immediately gave us permission to explore avenues for cutting expenditure, and that is what we are doing.

Mr Speaker, we have a performance appraisal system for diplomats in place, which has not been the case in the past. Since we began emphasising on economic diplomacy, what has been happening is that before appointees take up their posts in an embassy, we give them terms of reference and tell them our expectations. So, the last face they look at before leaving is that of the hon. Minister of Foreign Affairs. I read to them what is expected of them and ask if they understand the terms of reference properly because Zambia expects them to deliver on those terms. Once every quarter, we fly officers to see whether the missions adhere to their terms of reference. Our officers also check how far the missions have gone in the implementation of the terms of reference. We are working to raise the standards and ensure that our officers in the missions help the country to get the benefits it deserves to get from their work. This might not have been happening in the previous Administration, but it is now happening and we have made huge strides in that regard.

Mr Speaker, another issue that was raised is that of the President appointing diplomats. In this regard, I wish to state that the Foreign Service Bill, which will be presented to Parliament soon, clearly specifies who will be appointed by the President. It prescribes the qualities and qualifications of the people who will go into foreign missions. So, this matter is being addressed.

Sir, as I said earlier, it is important for ambassadors to be appointed by the President, and this does not only happen in Zambia. The President, in any country, appoints all the envoys because an ambassador is a representative of the President in a foreign country. The diplomats do what the President would ordinarily do if he were in another country. That is the trajectory on which we will continue.

Mr Speaker, I also took note of and agree with the seconder’s statement that sometimes the Government posts officers to places where they may face language difficulties. In this regard, I wish to inform the House that we have introduced a crash programme we have introduced in which officers start learning the languages of the countries to which they will be sent before they leave. This is to enable them to communicate effectively and assimilate the issues they will encounter when they take up their positions, thereby being effective ambassadors of our country.

Mr Speaker, the Patriotic Front (PF) has not sent tired people in the Foreign Service. Instead, we have always sent people who can effectively derive maximum benefits for Zambia. If tired people were sent in the past, that is no longer the case. Whatever country you go to, you will find that your representatives there are very equal to the task and are a source of pride to Zambia because of their effectiveness.

Mr Speaker, we share the concerns over audit queries. That is why we are sending professionals to go and manage the accounts of the missions with strict adherence to the Civil Service financial management regulations. That is how the PF will operate. We will walk the talk instead of being simplistic in our execution of duties.

Mr Speaker, let me close by saying that Zambia has made huge strides in its interaction with the world through its Foreign Service. As a Government, we have done everything necessary to raise the standards of our representatives to acceptable levels, which will help Zambia derive the requisite benefits, and we will remain on this path until we are satisfied with the results.

Mr Speaker, with those very few remarks, I thank you.

Bishop Lt-Gen. Shikapwasha: Mr Speaker, I thank the seconder and Hon. Imenda for their contribution to the debate on your Committee’s report. I also thank the hon. Minister for saying that the Government is dealing with the issues raised in the report.

I thank you, Sir.

Hon. Members: Hear, hear!

Mr Speaker: Order!

Business was suspended from 1615 until 1630 hours.

[MR SPEAKER in the Chair]

Mr Speaker: When business was suspended, the House was considering the Motion moved by the hon. Member for Keembe that this House do adopt the Report of the Committee on National Security and Foreign Affairs for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 12th April, 2016. As the mover has wound up the debate on the Motion, I now put the Question.

Question put and agreed to.

REPORT OF THE COMMITTEE ON GOVERNMENT ASSURANCES

Mr Lufuma (Kabompo West): Mr Speaker, I beg to move that the House do adopt the Report of the Committee on Government Assurances for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 11th April, 2016.

Mr Speaker: Is the Motion seconded?

Mr Katambo (Masaiti): Mr Speaker, I beg to second the Motion. 

Mr Lufuma: Mr Speaker, in line with its terms of reference, your Committee considered thirty-seven new assurances and fifty-nine outstanding ones during this Session. Your Committee’s observations and recommendations on the various assurances probed are documented in its report. I will, therefore, just highlight a few of them.

Sir, on Tuesday, 2nd December, 2014, the hon. Deputy Minister of Chiefs and Traditional Affairs made the following assurance:

“Mr Speaker, the Ministry of Chiefs and Traditional Affairs is currently consulting with the Ministry of Lands, Natural Resources and Environmental Protection, through the Surveyor- General’s Office, on the issuance of the new chiefdom boundary map.”

Mr Speaker, according to this assurance, it was expected that the new boundary map would have been printed by now if the Government was fully commitment to doing so. However, it is almost two years since the assurance was made and, unfortunately, it has not been honoured. It is disheartening that despite the numerous boundary disputes that currently exist between chiefdoms across the country, not much progress has been made towards the printing of the maps. The disputes, which can be avoided, have the potential to compromise the peace and unity that this country has enjoyed for over five decades if left unchecked. In this regard, I urge the Government, through the Ministry of Chiefs and Traditional Affairs, to prioritise this exercise in its funding profiling regardless of the ceilings the ministry is given. In addition, the exercise of adding the narratives to the 1958 Map should be done in a phased manner in order to prioritise the printing of maps for the trouble spots over those for the other stakeholders.

Mr Speaker, another assurance was given by the hon. Deputy Minister of Energy and Water Development on Thursday, 9th October, 2014, as follows:

“Mr Speaker, Mwinilunga District will be connected to the national grid by August, 2015. The contractor working on the project is Eltel Networks Transmission International of Sweden. The contract sum for the project is US$163 million or K1,010,600,000. The project will be completed by August, 2015.”

Sir, your Committee heard that due to the delays experienced in resolving the tax issues for the project, Mwinilunga was not connected to the national grid in the third quarter of 2015 as initially planned. The connection of the town might only be achieved by June, 2017, as the major tax issues that hindered the implementation of the project have now been resolved. Your Committee was further informed that an application for import duty, import value added tax and local value added tax exemption was made to the Ministry of Finance on 24th June, 2014. However, tax exemption for import duty and import value added tax was only granted through the gazetting of Statutory Instrument (SI) No. 18 of 2015 on 27th March, 2015, while local value added tax exemption was only granted on 29th June, 2015. Consequently, the project was delayed because the contractor had to suspend works on 2nd February, 2015. It is regrettable that despite the project contract having been signed in May, 2014, it could not commence as scheduled due to poor collaboration and co-ordination between the Ministry of Energy and Water Development, and the Ministry of Finance. Your Committee is greatly disappointed that nine months were lost due to delays by the Ministry of Finance to issue an SI to effect tax exemptions. The question is: How long should the issuance of an SI take? Nine months, no matter how liberal one would want to be, is far too much and, therefore, not justifiable. Your Committee recommends that the Government ensures that the June, 2017, target for connecting Mwinilunga District to the national grid is met.

Mr Speaker, on Tuesday, 2nd December, 2014, the hon.  Deputy Minister of Education, Science, Vocational Training and Early Education made the following assurance:

“Mr Speaker, the construction of King Lewanika University in the Western Province will commence in January, 2015. The contractor, by the name of Datong Construction Limited, has been identified. The project is estimated to cost K160 million and it is expected to be completed within a period of three years.”

Sir, your Committee was informed that the construction of King Lewanika University was contracted at a sum of K288,960,032.16, with a completion period of three years. The effective date of commencement of the project was 7th November, 2015, following the site handover to the contractor. It is regrettable to note that despite this assurance, to date, nothing has been done at the site. This might be attributed to the non-disbursement of the 15 per cent mobilisation fee to the contractor to facilitate the commencement of works.

Sir, the assurance, if implemented, has the ability to ease the tensions that have characterised the Western Province in general, given the consistent uproar from people of the region, who have shown dissatisfaction with the level of development in their region. Your Committee, therefore, strongly recommends that the Government urgently releases the 15 per cent mobilisation fee to enable the contractor to commence the works. In addition, the Government must ensure that the funds budgeted for infrastructure projects are released in a timely manner in line with the output-based budgeting (OBB) that is being piloted in the ministry.

Sir, allow me, now, to make some general observations on the handling of the assurances and undertakings by the Executive.

Mr Speaker, your Committee observes that there seems to be a disconnect between the assurances made on the Floor of the House and the resources allocated in the budgets of various ministries. In addition, your Committee is concerned about the low release of funds by the Treasury to ministries over the years despite allocations being made in the Budget. It is not only disappointing, but also disheartening to note that the ministries only received an average of 40 per cent disbursements from the Treasury by the end of the 2015 Fiscal Year.

Sir, the ambitious infrastructure projects that the Government has embarked upon require not only fiscal discipline, but also commitment for them to be completed on schedule. Otherwise, we will have semi-completed projects dotted all over the country, which will not deliver outputs. This, I am afraid, is not the most efficient way to provide services. Your Committee, therefore, strongly recommends that the Government suspends the construction of new infrastructure until all existing ones are completed.

Mr Speaker, the piloting of the OBB in selected ministries will only be meaningful if disbursements from the Treasury are commensurate with the Budgetary allocations. Otherwise, the move away from activity-based budgeting (ABB) does not make sense. In light of this, your Committee implores the Government to ensure that funds for the ministries currently piloting the OBB are released in full and on time. This will, by and large, result in easier assessment of the effectiveness of the programme. In addition, the Government must roll out the programme to all the ministries and spending agencies as soon as possible.

Sir, your Committee is also concerned about the responses contained in the Action-Taken Report by various ministries. In some instances, the responses do not address the observations of your Committee because verifications of the projects are not conducted prior to the giving of updates to your Committee. Your Committee, therefore, urges the Government to carefully study its observations and recommendations in order to avail it with more practical interventions by the Executive. In addition, controlling officers are encouraged to undertake verification exercises before giving responses to your Committee.

Mr Speaker, in conclusion, I thank you, on behalf of all the members of your Committee, for according us the opportunity to serve on the Committee. I also thank the Clerk of the National Assembly and her officers for the professional support rendered throughout this session. Lastly, but not least, allow me to pay tribute to all the Permanent Secretaries and their staff who made both oral and written submissions to your Committee.

Sir, I beg to move.

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

Mr Katambo (Masaiti): Now, Mr Speaker.

Mr Speaker, I thank you for affording me the opportunity to second this important Motion, which urges us to adopt the Report of the Committee on Government Assurances for the Firth Session of the Eleventh National Assembly. In doing so, allow me to thank the mover of the Motion and Chairperson of your Committee, Hon. Ambrose Lwiji Lufuma, for the able manner in which he presided over our Committee’s deliberations and the way he has highlighted the pertinent issues raised in your report. Since hon. Members have already read the report, I will only comment on two issues.

Mr Speaker, on Tuesday, 24th February, 2015, the hon. Deputy Minister of Home Affairs made the following assurance:

“Mr Speaker, it is the Government’s policy to increase the number of immigration officers at all border posts countrywide. This can also be seen in the 2015 Budget in which there is a provision for the recruitment of officers. The Government will increase the number of immigration officers at all border posts in 2015, once Treasury authority has been granted to recruit 200 immigration officers, as per the provision of the 2015 Budget”.

Sir, your Committee heard that the Department of Immigration had not recruited the 200 officers in 2015, as funds were not released and Treasury authority was not given for the exercise.

Mr Speaker, the limited number of immigration officers at border posts across the country has the potential not only to compromise the security of the country, but also allow foreign nationals to take advantage of easy entry into the country. The reported incidents of foreign nationals accessing national registration cards is testament to some of the ramifications of porous border posts due to limited human resource. Your Committee is disappointed that despite this assurance, the recruitment has not been done and the 2016 Budget has no provision for the exercise. Your Committee, therefore, strongly recommends that the ministry prioritises this programme in its 2017 Budget.

Mr Speaker, on Tuesday, 3rd March, 2015, the hon. Deputy Minister of Youth, Sport and Child Development made the following assurance:

“Mr Speaker, the construction of an ultra-modern stadium in Mongu will commence as soon as funds have been secured. The name of the contractor is Wang Kong Enterprises Ltd and PJP Associates Ltd, a joint venture. The estimated cost is K294,111,900. The construction period will be twenty-four months.”

Sir, your Committee was informed that the contractors took site position on 9th September, 2013, and issued an initial certificate of K59,822,372.31, which has not been paid due to a lack of funds. Your Committee was further informed that K300,000 was spent on clearing the construction site, and that the contractor was reported to have collected soil samples and come up with a stadium design. It was also reported that the site was connected to the national electricity grid and that access roads to the site were completed in October and December, 2013, respectively. However, your Committee has also been informed that the construction of the stadium has stalled because of financial constraints. The Government had hoped to construct the facility using internally-mobilised resources, but it has been difficult for the National Treasury to allocate the necessary funds due to many competing needs. That said, the ministry remains committed to implementing the project and is exploring other options of securing funds, including the public-private partnership (PPP) mode.

Mr Speaker, your Committee is concerned that despite the contract being signed, the ministry has not released any funds to the contractor. Given the volatility of the kwacha and the time that has passed since the signing of the contract, the cost of the project will skyrocket. Your Committee, therefore, recommends that, in the interim, the Government seeks a partnership with the private sector or opts for the build-operate-transfer (BOT) mode, given the huge cost of the project. Your Committee also encourages the Executive to stick to planned projects instead of initiating projects without consulting the technocrats and paying due diligence to the financial ramifications of certain pronouncements.

Sir, in conclusion, your Committee is deeply indebted to you for affording it an opportunity to scrutinise Government assurances. Your Committee is further indebted to the Permanent Secretaries (PSs) from the various ministries who appeared before it and tendered both oral and written submissions. Last, but not the least, my gratitude goes to the Clerk of the National Assembly and her staff for the invaluable support they rendered to your Committee during its deliberations.

Mr Speaker, I beg to second.

Hon. Government Members: Hear, hear!

Dr Musokotwane (Liuwa): Mr Speaker, I thank you for the opportunity to make some remarks on the good report that has just been presented to us.

Sir, this report examines the various promises that the Government has made and whether they have been honoured. Allow me to concentrate on the assurances that were made regarding a number of development projects in the Western Province since that is what I am familiar with.

Prof. Lungwangwa: Hear, hear!

Dr Musokotwane: Mr Speaker, we have just been told that, in 2013, an assurance was made that an ultra-modern stadium would be constructed in Mongu. The site, I remember, was chosen and the late President, Mr Michael Sata, went to break the ground for the construction works to start. The site, which is just as you enter Mongu from Lusaka, was cleared. Today, however, the plant species called isunde in vernacular have regenerated on the site, ... 

Mr Sianga: Hear, hear!

Dr Musokotwane: ... which now looks like a coffee or cassava field. No matter how hard you look, you will not see any stadium there.

Mr Speaker, we were told that the construction of King Lewanika University would start in 2015. We were also told who the contractor was and the amount of money to be spent. As we are seated in this House this afternoon, I believe that His Excellency the President is in Mongu to, among other things, lay the foundation stone for King Lewanika University, whose construction should have started year ago.

Sir, when a stadium and a university are promised and the President even goes to break ground on the site, but nothing happens and, the following year, similar promises are made, people will say, “Is this not the same Government that broke the ground in that bush saying it would construct a stadium? We have neither seen the stadium nor the contractor. Why should we believe it this time?” They will also ask, “Why should we believe the President when, in the past, the Government has made so many similar pronouncements without honouring them?” Beside this, we have to remember that there are a number of development projects in the Western Province that stalled when this Government took over power. For example, on many occasions, I have spoken about Libonda High School on the Floor of this House, at which not a single brick has been laid since 2011. I thank the former hon. Minister of Education, Ms Dora Siliya, and the former President, Mr Rupiah Banda, for giving us that project of upgrading the school to which her predecessor used to go. That is the quality of citizens the school has produced. However, from the time the two left their offices, not a single brick has been added to the structure.

Sir, we have also been hearing of the high school in Hon. Ndalamei’s constituency, Sikongo.

Mr Ndalamei: Tell them, Sir!

Dr Musokotwane: The school was completed. I believe the only thing remaining is its electrification. Actually, the electricity lines were laid from Kalabo to Sikongo and only the final 100 m was remaining. That final stretch is still pending five years later. The children in Sikongo are suffering because they only depend on Kalabo High School, …

Interruptions

Mr Speaker: Order!

Dr Musokotwane: … where they must pay a lot of money. That is the second project that has stalled.

Sir, the third project is Lukulu High School, where Hon. Dr Christopher Kalila went. That project was completed in 2011, but water has not been connected. Surely, the sinking of a borehole must be fairly cheaper than the other works done at the school. However, as I speak, I do not believe that the high school is open. Is it?

Dr Kalila: It is partially open.

Dr Musokotwane: Mr Speaker, the school is only partially open after five years. The story is the same for Nakanyaa High School in Nalikwanda Parliamentary Constituency, as we heard the other day. I also know that the same thing happened in Chavuma and Katunda, and I am sure Hon. Mutelo will debate on that.

Sir, when you see work on a project advance to near completion just to stall for five years while the children are suffering, then, you start wondering. None of the promises made by this Government has been fully honoured. So, when those in the current Government go to Mongu, Kalabo, Senanga or Sesheke, they should not expect anyone to run to them with flowers, that is, …

Interruptions

Dr Musokotwane: ... what are those exotic flowers called?

Hon. Opposition Members: Roses.

Laughter

Dr Musokotwane: Sir, they should not expect people from that area to go to them and say, “Here are some roses. Well done!” So, if the people do not do that, …

 Interruptions

Mr Speaker: Order!

Dr Musokotwane: ... do not call them names and think that they are malicious because they are just reflecting on your performance, whereby you have deliberately stalled even projects that were in progress. Surely, if the projects were implemented, the people in Mongu, Lukulu and other districts of the Western Province would be very happy, and have something to show off and thank the Government for. For now, there is absolutely nothing for which the people can thank and praise the Government.

Dr Kalila: Hear, hear!

Dr Musokotwane: Mr Speaker, the outgoing Government and the in-coming Government need to have a different attitude to the issue of assurances. Maybe, when it is not possible to do something, let us be frank and say so. To be honest, I have heard this Government say that it was not able to implement some project. When you make a promise, you must be reasonably sure that it is possible to do the work. If we did that, the people would respect us as leaders. Otherwise, we will all be labelled as people who make empty promises.

Sir, in my view, we seek office because we genuinely believe that there is something we can do to enhance the wellbeing of our citizens. Therefore, if we get in the mode of making promises and, thereafter, giving one excuse after another, I am afraid, we will not progress.

Mr Speaker, I thank you.

Hon. Opposition Members: Hear, hear!

The Minister of Justice (Dr Simbyakula): Mr Speaker, let me thank the mover and the seconder for moving this Motion so ably. I also thank the hon. Member for Liuwa for contributing to the debate on this Motion.

Sir, first and foremost, I wish to state that this Government does not make empty promises. The work that the Patriotic Front (PF) Government has done in the few years it has been in office are there for everyone to see.

Hon. Government Members: Hear, hear!

Dr Simbyakula: Mr Speaker, there have been major undertakings in all the provinces and, fortunately, the Zambian people are able to see them.

Sir, this Government is fully committed to completing all projects that it initiated. So, I assure the House and, through it, the nation at large that the PF Government will never abandon any of the projects that it initiated. Admittedly, from time to time, and due to financial constraints, some projects may experience delays in completion. As we all know, when the National Budget is prepared, it is assumed that the projected revenues will be realised to fund the expenditure. However, when the revenue assumptions change, for example, if the price of copper falls, we collect less revenue and, consequently, cannot fund some projects. So, our approach and the way forward is to complete all projects currently under implementation before starting new ones.

Sir, contrary to what Hon. Dr Musokotwane has said, His Excellency President Lungu was received very warmly when he landed in Mongu and Senanga …

Hon. Government Members: Hear, hear!

Dr Simbyakula: … because the people of the Western Province have seen the projects that this Government has implemented there.

Mr Speaker, in conclusion, I assure the House that we have taken note of what the report has brought out and we will attend to all the projects.

I thank you, Sir.

Mr Lufuma: Mr Speaker, may I take this opportunity to thank Hon. Dr Musokotwane for his input into this report, which I am sure has been taken positively by the hon. Minister of Justice. Let me also take this opportunity to thank the hon. Minister for his response to your report.

Sir, I am glad that the hon. Minister has mentioned that his Government will take stock of projects and suspend the implementation of new ones so that the old ones are completed first. Indeed, if we went through all the sessions and the assurances made by this Government and the previous ones, it is incredible. So, we seriously have to take stock. When assurances are made on the Floor of this House, it is imperative to honour them. That is why we keep reminding this Government of the assurances made and asking what it is doing about them. There should be no shifting of goalposts after an assurance has been made because the hon. Members of Parliament and the citizenry expect the Government to honour its assurances. That is the duty of a government. 

Mr Speaker, I do not wish to prolong the debate and start preaching.

Mr Speaker: Order!

That is exactly what you are doing.

Laughter

Mr Lufuma: Mr Speaker, I thank everyone and urge the House to adopt your report.

Mr Speaker, I thank you.

Question put and agreed to.

_________

BILLS

SECOND READING

THE PUBLIC PROTECTOR BILL, 2016

The Minister of Justice (Dr Simbyakula): Sir, I beg to move that the Bill be now read a second time.

Mr Speaker, as a consequence of the enactment of the Constitution of Zambia Act No. 2 of 2016, it has become necessary to enact the Public Protector Act. Article 243 of the Constitution of Zambia Act No. 2 of 2016 establishes the Office of the Public Protector. This office replaces the office we have hitherto known as the Office of the Investigator-General. Articles 244 to 248 of the Constitution provide, among other things, for the functions, operations and tenure of Office of the Public Protector.

Sir, in more specific terms, the Bill before this House seeks to:

(a) provide for the functions, powers, operations and financial management of the Office of Public Protector;

(b) provide for the initiation and investigation of complaints;

(c) repeal and replace the Commission of Investigations Act, Chapter 39 of the Laws of Zambia; and

(d) provide for matters connected with, or incidental to, the foregoing.

Mr Speaker, the enactment of the Public Protector Act will, therefore, give effect to the provisions of Articles 243 to 248 of the Constitution. This Bill is innocuous and I urge all hon. Members to support it.

I thank you, Sir.

Mr Mwiimbu (Monze Central): Mr Speaker I rise to present the report of the Committee pertaining to Bill No. 7 of 2016.

Sir, your Committee considered the Public Protector Bill, National Assembly Bill No. 7 of 2016 whose objectives are to:

(a) provide for the functions, powers, operations and financial management of the Office of Public Protector;

(b) provide for the initiation and investigation of complaints;

(c) repeal and replace the Commission for Investigations Act, 1991; and

(d) provide for matters connected with, or incidental to, the foregoing.

Mr Speaker, Articles 243 to 248 of the Constitution of Zambia provides for, among other things, the appointment, functions and tenure of Office of the Public Protector. The Bill, therefore, seeks to give effect to the provisions of the Constitution of Zambia and repeal and replace the Commission for Investigations Act, No. 20 of 1991.

Sir, in considering the Public Protector Bill, National Assembly Bill No. 7 of 2016, your Committee consulted various stakeholders who made both written and oral submissions before it.

Mr Speaker, all the witnesses who appeared before your Committee supported the Bill. This is evidence that the Bill is a progressive piece of legislation. Let me categorically state that your Committee also supports this Bill. It welcomes the transition of the office of ombudsman from an executive ombudsman to a parliamentary ombudsman. The House may recall that the Office of the Investigator-General which is being replaced by the Office of the Public Protector was an executive ombudsman answerable to the Republican President. On the other hand, the Office of the Public Protector shall only be answerable to the National Assembly. This protects the Public Protector from political and Executive control and interference, thereby enhancing the integrity and independence of the Public Protector and raising the good governance profile of Zambia.

Sir, despite overwhelmingly supporting the Bill, stakeholders brought a number of concerns to the attention of your Committee. The concerns are recorded in your Committee’s report for the consideration of the hon. Members of this House and hon. Minister so that amendments are made to the Bill at an appropriate time. In light of these concerns, your Committee, while supporting the Bill, makes some observations and recommendations on the Bill, which I now highlight. Your Committee sincerely hopes that these recommendations will be taken into consideration for possible amendments to the Bill.

Mr Speaker, your Committee observes that the Bill in Clause 27(1) empowers the Public Protector or an officer authorised by the Public Protector to search any premises or property of a State institution without a warrant, where there is reasonable suspicion that an offence is being, has been or is about to be committed. Your Committee is concerned and agrees with the stakeholders that such discretionary power is susceptible to abuse. While there may be no evidence pointing to cases of abuse of power by the Commissioner for Investigations in the past, a proactive stance is necessary to aid the Office of the Public Protector to perform its functions in line with the principles of professionalism, integrity and transparency. Your Committee, therefore, recommends that this provision should be amended to compel the Public Protector or an officer authorised by the Public Protector to obtain a search warrant before conducting a search.

Sir, Clause 28 requires the Public Protector to give notice of intention to conduct an investigation on a State institution. This provision is of great concern to your Committee. Taking into consideration the saying that forewarned is forearmed, your Committee believes that the provision could potentially lead to tampering with vital evidence relating to the investigation by the concerned State institution. In this regard, your Committee recommends that the provision be deleted in the interest of preserving vital evidence.

Mr Speaker, Clause 42(1) empowers the Chief Justice to make rules by Statutory Instrument (SI). Your Committee is of the view that the provision could compromise the independence of the Public Protector by subjecting the office to the Judiciary. In this regard, your Committee recommends that the Public Protector be empowered to formulate the rules in consultation with the Judicial Service Commission (JSC). This is in keeping with the guiding principle of independence, which will enable the Office of the Public Protector to execute its mandate without fear of interference from politicians and the Executive.

Mr Speaker, in conclusion, your Committee urges the hon. Members of this august House to support the Bill and consider the contents of the report as they consider the Bill. Your Committee also pays tribute to all the witnesses who appeared before it. It also thanks you for affording it an opportunity to scrutinise the Bill and appreciates the services rendered to it by the Office of the Clerk of the National Assembly during its deliberations.

Mr Speaker, I thank you.

Hon. Members: Hear, hear!

Mr Pande (Kasempa): Thank you very much, Mr Speaker, for affording me this opportunity to contribute to the debate on the Bill on the Floor. I will be very brief in my contribution.

Sir, I agree with your Committee that this is a progressive Bill. If you recall, I am one of those who have stressed the importance of the Investigator-General’s Office, which it has, unfortunately, not been accorded.

Mr Speaker, one of the good provisions in this Bill is the creation of the offices of the Provincial Investigation Officer (PIO) and District Investigation Officer (DIO). This is a welcome move because it will enable people to report cases in the districts and provinces, unlike the current situation, which requires them to travel to Lusaka. Additionally, the hon. Minister should consider the observation that currently, the office focuses only on public offices, yet it is called the Public Protector. So, I agree with the recommendation that it includes the private sector in its scope of work. There is a lot of maladministration and abuse in the private sector, maybe, even more than in public institutions. This brings me to the issue of corruption in this country, which is rife because we have focused mainly on public offices. So, in view of this, it is important that the private sector be included in the investigations of the office.

Sir, on the provision for searches without warrants, I think that it is likely to be abused and agree with your Committee that it should be removed. There is also reference to “reasonable time”. What is reasonable time? What I may consider reasonable time might be unreasonable time to somebody else. So, an investigator might be at an office to investigate at midnight because it is a reasonable time to him or her. Therefore, it is important that warrants are obtained for all searches.

Sir, I indicated that my debate would be brief. Allow me, therefore, to conclude by appealing to the hon. Minister of Justice that this process should not end with the passing and enacting of this law. Instead, the Government must fast-track it so that the provincial and district offices are operationalised.

I thank you, Mr Speaker.

Ms Imenda: Hear, hear!

Dr Simbyakula: Mr Speaker, I thank the Chairperson of the Committee for his statement and the hon. Member of Parliament for Kasempa for his contribution to the debate.

Sir, we have, indeed, taken note of the recommendations and shall consider them for incorporation at an appropriate time.

I thank you, Sir.

Question put and agreed to and the Bill read a second time.

Committed to a committee of the Whole House.

Committee, on Wednesday, 4th May, 2016.

_______

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the
Chair]

THE COURT OF APPEAL BILL, 2016

Clauses 1, 2, 3, 4, 5, 6, 7 8, 9, 10, 11, 12, 13, 14, 15,16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 ordered to stand part of the Bill.

Title agreed to.

THE CONSTITUTIONAL COURT BILL, 2016

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 ordered to stand part of the Bill.

Title agreed to.

THE SUPERIOR COURTS BILL, 2016

Clauses 1, 2, 3, 4, 5 and 6 ordered to stand part of the Bill.

Title agreed to.

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bills were reported to the House as having passed through Committee without amendments:

The Public Protector Bill, 2016

The Court of Appeal Bill, 2016

The Constitutional Court Bill, 2016

The Superior Courts Bill, 2016

Third Readings on Friday, 29th April, 2016.

THIRD READING

The following Bill was read the third time and passed.

The Service Commissions Bill, 2016.

________

MOTION

ADJOURNMENT

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

Question put and agreed to.

_________

The House adjourned at 1744 hours until 0900 hours on Friday, 29th April, 2016.