Debates - Thursday, 6th March, 2014 | National Assembly of Zambia

DAILY PARLIAMENTARY DEBATES FOR THE THIRD SESSION OF THE ELEVENTH ASSEMBLY

Thursday, 6th March, 2014

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

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ANNOUNCEMENT BY MR SPEAKER

COMMONWEALTH DAY

Mr Speaker: Hon. Members, I have an announcement to make.

The Commonwealth Parliamentary Association (CPA) Zambia Branch will join the rest of the Commonwealth countries in commemorating the Commonwealth Day on Monday, 10th March, 2014, and has lined up activities involving youths drawn from the ten provinces of Zambia and five Lusaka-based youth-centred organisations. In line with this year’s theme, which is: “Team Commonwealth,” the activities include the following:

(a) a youth exposition;

(b) drama performance;

(d) a youth-friendly health desk; and

(e) conducted tours of Parliament Buildings.

I invite all hon. Members of Parliament, as CPA Branch members, to attend the event, which will start at 0900 hours in the Main Reception area, Parliament Buildings. I also urge hon. Members to render their support to this very important event on the CPA Calendar.

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MINISTERIAL STATEMENT

The Minister of Information and Broadcasting (Mr Kapeya): Mr Speaker, I thank you for giving me this opportunity to update the House on the implementation of the Hologram.

Mr Speaker, one of the campaign promises of the Patriotic Front (PF) Government …

Hon. Opposition Members: Constitution!

Mr Kapeya: … was to put more money in musicians’ and other artistes’ pockets …

Mr Kapeya: … by ensuring that their works were protected from piracy.

Mr Mwila: Hear, hear!

Mr Kapeya: As you know, pirates rob artistes of the benefit of their sweat by reaping where they do not sow. This working PF Government cannot allow that to continue. Therefore, …

Mr Livune: Question!

Mr Kapeya: … it is implementing the Copyright and Performance Rights Act …

Hon. Opposition Member: Question!

Mr Kapeya: … by ensuring that all audio-visual works sold on the Zambian market have a Hologram.

Hon. Government Member: Hear, hear!

Mr Kapeya: Mr Speaker, a hologram is a security feature that is affixed on all genuine compact discs (CDs), digital versatile discs (DVDs) and all such media. This helps law enforcement officers and the public to distinguish original audio and video products from pirated ones. In order to facilitate the smooth implementation of the project, Statutory Instrument (SI) No.100 of 2013 was issued. The SI provides for the accreditation of producers and importers of audio-visual works to ensure that there is control of piracy at the production stage as well as at the border. The ministry has further established an electronic track and trace system that records every Hologram procured and sold in the country, just like the one used by the Zambia Revenue authority (ZRA) and the Patents and Companies Registration Agency (PACRA). The system will be linked to other Government systems.

Mr Speaker, the SI further compels accredited importers or producers to submit annual returns to the Registrar of Copyright within ninety days of the end of the financial year.

Hon. Government Members: Hear, hear!

Mr Kapeya: These returns should include a list and quantities of works produced and released onto the Zambian market. This measure will bring sanity to the audio-visual and arts industry, and ensure that genuine business people are protected and the relevant Government agencies collect information for various uses, such as tax compliance enforcement and statistics.

Mr Speaker, progress has been made in implementation of the hologram and the activity has been well received by both artistes and genuine business people. This can be attested to by the high rate of sales and use of the hologram. From 16th September, 2013, to 31st January, 2014, 630,000 holograms had been sold and affixed, and seventy-five production and distribution companies had been accredited. From that sale, K567,000 was raised for the Treasury and K63,000 for the artistes through mechanical rights. One hologram is being sold at 90n while a 10n is collected on each hologram sold for the artist. This is a clear demonstration of the smooth implementation of the hologram. In this vein, I urge the hon. Members of this august House to buy music or films with a hologram affixed to it.

Mr Speaker, the ministry has been sensitising all law enforcement agencies on the need to fight piracy. In that regard, an Anti-Piracy Crack Squad has been formed in eight of the ten provinces. This will be replicated at the district level as well, and plans are underway to form similar squads in the remaining two provinces. These crack squads are teams of combined law enforcement officers that spearhead the enforcement of the copyright and performance rights law.

Mr Speaker, I am grateful to my colleagues, the hon. Ministers of Home Affairs, Defence, and Local Government and Housing, for their support in this project. However, allow me to seize this opportunity to warn all people who are involved in the audio-visual products business that, if they sell products that have no holograms, they must immediately remove them from their shelves before the law visits them. My ministry will continue supporting the law enforcement agencies in their efforts to rid the country of piracy. I also urge the general public to report any businesses that will flout this law to the police immediately.

I thank you, Sir.{mospagebreak}

Hon. Government Members: Hear, hear!

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

Mr Bwalya (Lupososhi): Mr Speaker, …

Mr Muntanga: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Muntanga: Mr Speaker, is the Government, through His Honour the Vice-President, in order to intimidate and threaten the new hon. Member of Parliament for Katuba …

Hon. Opposition Members: Aah!

Mr Muntanga: … and suggest that he was carrying a gun on the day of voting when the one who had a gun was Hon. Sikazwe, who even ordered someone to fire at a particular polling station? Also, there was a Patriotic Front (PF) vehicle, registration number ALE 1581 that had people firing from it? I travelled with Hon. Shakafuswa throughout the campaigns. How can they turn around and want to use the police to intimidate and harass a new hon. Member just because they lost the election?

I seek your ruling, Mr Speaker.

Mr Speaker: Order!

Hon. Members, I think that I have previously guided consistently and persistently that points of order, first and foremost, relate to proceedings of the House. I also mentioned yesterday that there are so many things happening outside the precincts of the Assembly, some of which, as Hon. Muntanga has indicated, are potential or alleged breaches of law and order. Some of them involve interference in personal liberties and such cases. The list can go on and on. However, I have stated before that I have no jurisdiction to render rulings on those matters, some of which, given their nature, require investigation. You need to assemble the facts, but I am not able to do that. It is not my task to investigate alleged commission of criminal offences of whatever nature. Therefore, it is outside my mandate.

Hon. Member for Lupososhi, please, continue.

Mr Bwalya: Mr Speaker, piracy has been a cancer in this country and has cost artistes a lot of money. How effective are the security features of the hologram? Can it not be pirated, too, so that we end up having fake holograms on some works?

Mr Kapeya: Mr Speaker, the hologram is such a special product that whatever means will be applied to temper with it will never work. The people in Matero area will not have any means of forging it. It is one product that nobody will imitate.

I thank you, Sir.

Mr Mutale (Kwacha): Mr Speaker, how much policing are we doing in terms of curbing rampant sales of CDs and DVDs on the streets? I ask this because the streets of Lusaka and those elsewhere are still full of these products. How much are we doing to curb this situation?

Mr Kapeya: Mr Speaker, as I mentioned in my statement, there are only two provinces whose law enforcement agencies are yet to be sensitised to adequately enforce this law. In order for us to do better work, we have involved the police. A department has been created in the police force and an office established at the ministry for carrying out sensitisation work. In most provinces, the sensitisation is going on very well, except for the Copperbelt and Central provinces where we have not yet started. However, we will get there very soon.

I thank you, Sir.

Mr Chungu (Luanshya): Mr Speaker, what monetary benefits have accrued to the various artistes from the time the hologram was introduced?

Mr Kapeya: Mr Speaker, this is another brilliant question. I wish all the questions in the House were like it.

Hon. Opposition Members: Hear, hear!

Mr Kapeya: Mr Speaker, as I said in my statement, so far, we have sold 630 holograms and K63,000 of the revenue generated has gone to the artistes. We procured 5,000 at K900,000. By the time all the 5,000 holograms have been sold, quite a significant amount of money will have gone into artistes pockets.

I thank you, Sir.

Mr Mwila (Chipili): Mr Speaker, how much money did the task force spend on the same exercise?

Mr Kapeya: Mr Speaker, if I can be given time to go back and collect the information, I will provide the answer.

I thank you, Sir.

Mr Mpundu (Nchelenge): Mr Speaker, is the task force formed to fight piracy public or private?

Mr Kapeya: Mr Speaker, currently, it consists of law enforcement agencies, including the Zambia Police Force.

I thank you, Sir.

Mr Musonda (Kapiri Mposhi): Mr Speaker, what is the minimum and maximum penalty for those who get involved in piracy?

Mr Kapeya: Mr Speaker, presently, the only penalty against piracy is the destruction of pirated material. As for other penalties, we are still working them out.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, let me start by commending the ministry and the hon. Minister for coming up with the programme on holograms.

Sir, the intellectual property to be protected through holograms is the product of artistes. As such, should the programme not be managed by the ministry responsible for artistes? If not, why?

Mr Kapeya: Mr Speaker, the ministry registered two bodies to collect the royalties and whatever is due to the artistes for the time being. These are the Zambia Copyright Society (ZAMCORPS) and the National Media Arts Association (NAMA). In the near future, we will work out something, of course, with the help of the hon. Members of this House. In fact, this is for all of us in this House.

I thank you, Sir.

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QUESTIONS FOR ORAL ANSWER

KABWE CENTRAL MARKETS

407. Mr Kapyanga (Kabwe Central) asked the Minister of Local Government and Housing whether the Government had any plans to improve the state of the following trading centres in Kabwe Central Parliamentary Constituency:

(a) Green Market;

(b) Njanji Market;

(d) New Kasanda Market; and

(e) Kaputula Market.

The Deputy Minister of Local Government and Housing (Mr Kufuna): Mr Speaker, Green, Njanji, Lukanga, New Kasanda and Kaputula markets have not been funded in the current fiscal year. These capital projects require huge sums of money. However, the request by the Kabwe Municipal Council to rehabilitate the markets is being considered.

I thank you, Sir.

Mr Kapyanga: Mr Speaker, what immediate measures is the Government putting in place to address the deteriorating standards of the markets in Kabwe?

Mr Kufuna: Mr Speaker, the rehabilitation or construction of markets requires huge sums of money. Therefore, for now, I can only suggest that the hon. Member uses the Constituency Development Fund (CDF) to rehabilitate the markets.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mwila (Chipili): Mr Speaker, what plans does the ministry have to rehabilitate all the markets countrywide, since the 2014 Budget has been approved?

Mr Kufuna: Mr Speaker, there are some markets that we have selected to construct or rehabilitate in this fiscal year. The others will be worked on from 2015 onward.

I thank you, Sir.

Mr Chungu (Luanshya): Mr Speaker, can the hon. Minister give us a roadmap for the rehabilitation of the markets in Kabwe Central. In his answer, he talked about using the CDF for the project. However, the decision about how to use that fund is made after consultations with the people and most constituencies already have five-year CDF projects.

The Minister of Local Government and Housing (Mrs Kabanshi): Mr Speaker, the money that we have been given for markets is not enough. So, as my hon. Deputy Minister has said, we will concentrate on building markets in the newly-created districts. For the areas where there is a need for rehabilitation of markets, the CDF can be used.

I thank you, Sir.

Mr Mutale: Mr Speaker, can the levies collected in markets be adequate for maintaining the markets?

Mrs Kabanshi: Mr Speaker, the local authorities have not been very truth in the collection of levies and, as a Government, we are very concerned. So, we will change the levy collection system and you will see the results very soon.

I thank you, Sir.

Mr Speaker: Hon. Member for Bwacha.

Mr Mucheleka: Mushanga, stand up.

Mr Mushanga (Bwacha): Mucheleka, stop that.

Mr Speaker, Kabwe is centrally located. If the markets in Kabwe District are among those to be rehabilitated this year, can we be guided as to which districts have been funded.

Hon. Government Members: Hear, hear!

Mrs Kabanshi: Mr Speaker, that is a new question. So, I would advise the hon. Member of Parliament to put it in writing so that we bring the answers on a later date.

I thank you, Sir.

Mr Mwila: We will write.

Mr Bwalya (Lupososhi): Mr Speaker, indeed, Kabwe is centrally located and its markets have not been rehabilitated for a long time. Is the absence of market boards a contributing factor to the dilapidation that we are seeing in the markets in Kabwe Central?

Mrs Kabanshi: Mr Speaker, most of the markets in all the districts of Zambia are dilapidated. As I have said, the money that was allocated to the ministry for the rehabilitation and construction of markets is not enough. I would like to, once again, advise the hon. Members of Parliament to make use of the CDF, which can also change the lives of the marketeers.

I thank you, Sir.

Mr Lubinda (Kabwata): Mr Speaker, granted, the collection of levies in markets has been a thorn in the flesh of successive governments, …

Mr Kapyanga interjected.

Mr Lubinda: … and the hon. Minister mentioned the fact that she is coming up with a new policy to make the collection of levies more efficient. However, a number of years ago, as a way of addressing that challenge, this House passed the Bus Stations and Market Boards Act at the instigation of the Government. Can the hon. Minister explain to this House whether that piece of legislation has failed to address the challenge that it was meant to address.

Mrs Kabanshi: Mr Speaker, the previous Government failed to implement ...

Hon. Government Members: Hear, hear!

Mrs Kabanshi: This working Government is revising the Act to make it more user-friendly and ensure that it works for us.

I thank you, Sir.

ACCESSING THE LAND DEVELOPMENT FUND

408. Mr Kapyanga asked the Minister of Lands, Natural Resources and Environmental Protection when local authorities countrywide would begin to access the Land Development Fund (LDF) to open up new areas for development.

The Deputy Minister of Lands, Natural Resources and Environmental Protection (Mr Chingimbu): Mr Speaker, the Government, through the Ministry of Lands, Natural Resources and Environmental Protection, has been disbursing the LDF to successful local authorities. Between the inception of the fund in 1995 and 2013, the ministry has disbursed K43.3 million to fifty-six local authorities across the country, broken down as follows:

Province No. of Councils Total Amount (K’Million)

Central 6 2.259

Copperbelt 10 7.124

Eastern 5 4.605

Luapula 3 1.770

Lusaka 1 1.500

Muchinga 5 4.534

Northern 4 0.977

North-Western 8 8.293

Southern 8 9.116

Western 6 3.298

Total 56 43.300

Mr Speaker, the local authorities can only access the fund by applying to the Land Development Fund Committee (LDFC), detailing the new area earmarked for opening up as well as the cost of opening it up. The Committee, then, scrutinises the application and disburses the funds to the successful councils.

Mr Speaker, in this year’s Budget, the Government has allocated K30 million to the LDF. I, therefore, urge all local authorities countrywide, especially in the newly-created districts, to apply for the fund as it is important in promoting the orderly opening up of well-serviced areas.

I thank you, Sir.

Mr Kapyanga: Mr Speaker, since the LDF is managed on an ad hoc basis, when will the ministry institutionalise it for it to help the newly-created districts?

Mr Chingimbu: Mr Speaker, very soon, a Statutory Instrument (SI) will be issued to address various issues, including the one the hon. Member has mentioned.

I thank you, Sir.

Mr Mwila: Mr Speaker, there were some funds that were misappropriated some years ago under the LDF. What action did the ministry take against the culprits?

Mr Chingimbu: Mr Speaker, indeed, such things happened and there are still some cases in the courts of law stemming from that while some officers are being punished.

I thank you, Sir.

Mr Mushanga: Mr Speaker, if a local council applied for the fund, how long would it take for the funding to be given?

Mr Chingimbu: Mr Speaker, it depends on what the council would have applied for. That is why we have the committee in place to assess the applications. If the application has been done well, then, it will not take long.

I thank you, Sir.

Mr Mpundu (Nchelenge): Mr Speaker, how much is in the LDF currently?

Hon. Government Members: Hear, hear!

Laughter

Mr Chingimbu: Mr Speaker, I have said that the Budget for this year has K30 million allocated to the LDF, which we will soon be disbursing to successful councils.

I thank you, Sir.

Mr Bwalya: Mr Speaker, information is power. Therefore, its dissemination is very important. However, it appears to me that a number of district councils are not aware about the existence of this fund. What is the ministry doing to sensitise the various district councils so that they apply for this fund?

The Minister of Lands, Natural Resources and Environmental Protection (Mr Kalaba): Mr Speaker, the dissemination of information is our responsibility. It is also the responsibility of the respective councils. The councils know the procedures and, obviously, they will seek guidance from our offices. My ministry will also take deliberate efforts to use television (TV) and radio to disseminate as much information as possible.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Chungu: Mr Speaker, in 2012, Luanshya Municipal Council applied for the funds.

Hon. Back Benchers: Hear, hear!

Mr Chungu: When will we be funded?

Mr Kalaba: Mr Speaker, in a ministerial statement I made last year, I indicated that we had not received the LDF that year. Therefore, this year, we are beginning disbursements to all the councils that applied. As soon as Luanshya Municipal Council’s application satisfies our conditions, the ministry will disburse the funds accordingly.

I thank you, Sir.

Mr Mumba (Mambilima): Mr Speaker, …

Mr Mwila: Hear, hear! Chaya!

Mr Mumba: … in 2011, Mwense District Council was given K500,000 from the LDF but, unfortunately, the money was misapplied by the previous administration.

Mr Mwila: Which one?

Mr Mumba: I mean the K500,000. The council has now been asked to repay the money by the ministry. Unfortunately, the local authority has no means of paying back the money. What can the ministry do to assist the council to develop the earmarked areas since they have no capacity to pay back the K500,000?

Mr Mwila: Hear, hear!

Mr Kalaba: Mr Speaker, it is really sad to see that, in that past, there was rampant misapplication of Government monies. The Patriotic Front (PF) Government is, therefore, trying to correct the anomalies of the previous regime. It is currently working on an SI, which will soon be issued. I think that it is important that Mwense Municipal Council makes a fresh application so that we consider it alongside the merits and demerits of what happened in the past. We can, then, pick it up from there.

I thank you, Sir.

Mr Lubinda: Mr Speaker, it is in this House where we solicit information and appeal for resources to be allocated to various programmes. As such, will the intention of the LDF be mainly to ensure the plan is serviced before plots are allocated?

Mr Kalaba: Mr Speaker, in fact, the primary objective of the LDF is to open up new areas, especially now that we have newly-created districts. The PF Government will ensure that no plots are allocated before the areas have been serviced. Our agents, who are the councils, have strictly been advised never to go the Movement for Multi-party Democracy (MMD) way of giving land before the area is serviced. We want to give out land when we are ready to. That is why all applications have to be made. After that, the plots will be given. That is the purpose of those resources.

I thank you, Sir.{mospagebreak}

Hon. Government Members: Hear, hear!

Mr Mutale: Mr Speaker, there is rampant abuse of Government resources acquired for land development. What stringent measures are you putting in place to stop this vice?

Mr Kalaba: Mr Speaker, in June, 2014, my ministry will complete the implementation of the Zambia Integrated Land Management Information System (ZILMIS), which is a watertight programme that will restore public confidence in the system. Issues of people illegally accessing information from the computers do not arise and the misuse of resources is not permitted. The PF Government has been able to restore people’s confidence in public land management.

Sir, the land audit and the LDF will help us to account for every inch of the land in this country. We will also computerise and decentralise the issuance of title deeds. If you are on the Copperbelt, for example, you will be able to receive a title deed from there. The PF Government is putting all these things in place to save people’s time.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

CONSTRUCTION OF PRISON IN KALABO CENTRAL CONSTITUENCY

409. Mr Miyutu (Kalabo Central) asked the Minister of Home Affairs:

(a) what had caused the delay in completing the construction of a new prison in Kalabo Central Parliamentary Constituency;

(b) when construction would be completed;

(d) who the current contractor was;

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

(f) how much money had been spent on the project as of 31st October, 2013.

Hon. Government Members: Hear, hear! Allowance!

The Deputy Minister of Home Affairs (Mrs Mwamba): Mr Speaker, I thank you for this pleasant surprise ...

Laughter

Mrs Mwamba: … of the responsible hon. Member for Kalabo Central asking this question.

Mr Speaker, the delay in completing the construction of a new prison in Kalabo Central Parliamentary Constituency was caused by two contractors who did not complete the stipulated work, leading to the termination of their contracts.

Sir, the construction of Kalabo Prison will be completed by June, 2014.

Mr Speaker, the project was allocated to seven contractors because it had been divided into seven tasks. Therefore, seven contractors have been engaged on the project since its inception.

Sir, currently, there are three contractors on site who are constructing staff houses. These are:

(a) Liyazi Enterprises;

(b) Mutayafyalo Contractors; and

Mr Speaker, the Zambia Prisons Service Mobile Buildings Unit has been mobilised to complete all the remaining works for the contracts that were terminated.

Sir, the Kalabo Prison Project will cost K7,004,802.87. As at 31st October, 2013, K2,827,955.18 had been spent on the project.

I thank you, Sir.

NITROGEN CHEMICALS OF ZAMBIA

410. Mr Mwila asked the Minister of Agriculture and Livestock:

(a) what plans the Government had to improve the operations of the Nitrogen Chemicals of Zambia (NCZ);

(b) how much of the Eurobond funds had been allocated to the NCZ;

(d) whether NCZ had made any profit in 2013, and, if so, how much.

The Deputy Minister of Agriculture and Livestock (Mr Monde): Mr Speaker, the Government intends to improve the operations of the NCZ through continued re-capitalisation and rehabilitation of the plant, improved management and purchasing all basal-dressing fertiliser requirements under the Farmer Input Support Programme (FISP) from the company.

Sir, no Eurobond funds have been allocated to the NCZ.

Mr Speaker, the NCZ’s current rated production capacity is 277,200 metric tonnes of Compound D fertiliser and 147,510 metric tonnes of ammonium nitrate per year when there are no impediments.

Mr Speaker, the NCZ made a profit of K33,018 during the 2012/2013 financial year.

I thank you, Sir.

Mr Mwila: Mr Speaker, now that the NCZ has started being profitable, will it be the Government or the company that will repay the loan that the company got?

The Minister of Agriculture and Livestock (Mr Sichinga): Mr Speaker, our intention is to help the company to become viable first, then, let it take responsibility over its liabilities. Currently, it has some debts that have not been settled, including money owed to retired employees and agencies of the Government like the Zambia Revenue Authority (ZRA) and the National Pension Scheme Authority (NAPSA). These debts have accrued over time and will be dealt with as we go on. However, we are also liaising with the Ministry of Finance, which supports the parastatal companies, including the NCZ. It may be useful to just remind the House that the operations of the company were only revamped last year, thanks to the Ministry of Finance’s provision of the funds with which we rehabilitated the plant. However, the plant still requires additional rehabilitation. Once we reach the optimum level of production capacity, we expect the company to, at least, break even, if not to make a profit.

I thank you, Sir.

Mr Bwalya: Mr Speaker, the NCZ is a very strategic company …

Ms Imenda: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Ms Imenda: Mr Speaker, I rise on a very serious point of order.

Sir, you will note that, sometime at the beginning of the sitting of the Public Accounts Committee (PAC), our national broadcaster was broadcasting the proceedings live but, from nowhere, the broadcast has been discontinued. Prior to that, a bill of K1.2 million was sent to the National Assembly for the seven days live coverage.

Mr Speaker, everybody knows that there are three arms of the Government, namely, the Executive, the Legislature and the Judiciary. Every day, we see the Executive covered live or otherwise by the Zambia National Broadcasting Corporation (ZNBC), but I am yet to see or be presented with evidence of bills being sent by the national broadcaster to the Executive for the coverage. This is very serious. So, is the ZNBC in order to present a bill of K1.2 billion to the National Assembly of Zambia after only seven days coverage, yet it does not bill the Executive for similar coverage? Is the national broadcaster only for the Executive or is it for the whole Government, which has three arms?

Mr Speaker: I need to study this case. I, therefore, reserve the ruling.

Continue, hon. Member for Lupososhi.

Mr Bwalya: Mr Speaker, the NCZ is a very strategic company in the Zambian economy, especially that it is agriculture-oriented. The capacity that has been alluded to in the answer by the hon. Deputy Minister is quite encouraging. However, will the NCZ be able to satisfy the local market’s demand for Compound D fertiliser so that farmers can receive the input in time?

Mr Sichinga: Mr Speaker, please, note that the capacity referred to in the statement was ‘rated capacity’, which is not necessarily optimum capacity. It means that the company has the capacity to go up to a certain level, but this can be constrained by a variety of factors. Currently, we plan to re-engineer, rehabilitate and re-equip the NCZ so that it is able to attain optimum capacity. In 2013, for the first time in its history, the company was able to produce 97,000 metric tonnes.

Hon. Government Members: Hear, hear!

Mr Sichinga: That is how a working Government operates.

Hon. Government Members: Hear, hear!

Mr Sichinga: We have rehabilitated and resuscitated this plant, which the previous Government wanted to write off and sell as scrap. However, it will take time to get it to an optimum level of productivity. This is what we are working on and that is why we will continue to recapitalise the plant. In fact, we have very clear indications from the Treasury that that will be done and we are very keen to see that done. Our plan for 2014 and 2015 is to produce, at least, 150,000 metric tonnes of fertiliser. We hope that will have a steady supply of power because inadequate power supply is part of the reason for the company’s low productivity. That is why the Government is rehabilitating power stations.

Sir, as a Government, we will continue to rehabilitate many plants and, certainly, those in the Ministry of Agriculture and Livestock will be among those rehabilitated.

I thank you, Sir.

Mr Chungu: Mr Speaker, the recapitalisation of the NCZ was a good decision by the PF Government led by His Excellency President Micheal Chilufya Sata.

Hon. Government Members: Hear, hear! President.

Hon. Government Members: Bwekeshapo.

Mr S. Chungu: Mr Speaker, the company has now given hope to the people of Kafue and created jobs. Does the Government intend to create more jobs at the plant?

Mr Sichinga: Mr Speaker, we will implement a programme to enable the company to process the phosphate deposits that are found in Mumbwa, Petauke and Isoka. However, we first need to establish the quality of the ore and look at how we can beneficiate it so that it can be used in that particular plant. Apart from that, the plant is being re-engineered to produce ammonium nitrate, which is needed by companies that produce explosives for the mines, such as the former Kafironda Explosives.

Mr Speaker, by all means, we intend to capacitate the plant to manufacture other products, including acid, which is also required by the mines.

Mr Chungu: What about the jobs?

Mr Sichinga: Yes. Clearly, what I have said above will not be done without creating jobs.

Hon. Government Members: Hear, hear!

Mr Sichinga: Mr Speaker, I reported last year that, as a consequence of the rehabilitation of the NCZ, more than 1,600 jobs had been created not only at the NCZ, but also in companies that distribute and transport the fertiliser from Kafue to other places. External resources are not being relied upon, as has been done in the past. So, additional jobs will be created. Unfortunately, I have difficulties giving a specific figure at this point because I did not have this question in advance. Therefore, I suggest to the hon. Member for Luanshya to bring this question on the number of jobs we have created so that we make this information available to him.

Mr Speaker, I thank you.

Mr Mutale: Mr Speaker, the hon. Minister said that the production capacity might not meet the demand on the ground. What advance plan is in place for procuring additional fertiliser so that we do not panic when the planting season comes? This breather is only for a moment.

Mr Sichinga: Mr Speaker, I appreciate these questions.

Sir, we intend to use the wretched capacity of the plant to the highest extent possible. However, some of the additional components of the plant still need to be rehabilitated. Currently, we have ensured that the NCZ is able to procure its raw materials. By the way, the NCZ does not buy fertiliser from outside. It produces the fertiliser locally. Currently, we want to go as far as possible with the plant. We intend to produce and distribute fertiliser throughout the year, not at specific periods, to avoid bottlenecks.

Mr Speaker, it is true that the raw materials have to come in good time. In that regard, we are collaborating with the Ministry of Finance to plan how we can ensure a continuous flow of raw materials to the NCZ as well as the capacity that can be accommodated. We do not plan to reduce production any time soon, but to increase it and make it continuous.

Mr Speaker, I thank you.

Mr Mpundu: Mr Speaker, the NCZ is now profitable. Does the Government plan to privatise it?

Mr Sichinga: Mr Speaker, ownership of companies does not fall under my jurisdiction, but that of the hon. Minister of Finance. However, we have always been open because this company was tranched for privatisation. However, if we have to go into partnership or privatise the company, it should be in a situation in which we can get good money out of it. That will be once the Government finalises this policy, which is still on the table because we do not currently have a partner. We are amenable to discussing partnerships with any companies that are willing to help us to recapitalise the company.

I thank you, Sir.

CONSTRUCTION OF CHIPILI DISTRICT COUNCIL HOUSES

411. Mr Mwila asked the Minister of Local Government and Housing:

(a) when the construction of staff houses for the newly-created Chipili District Council would be completed;

(b) what the duration of the project was;

(d) whether the Government was satisfied with the performance of the contractor and, if not, why the contract had not been terminated.

The Deputy Minister of Local Government and Housing (Mr N. Banda): Mr Speaker, the construction of staff houses for Chipili District Council is earmarked for completion in September, 2014.

Mr Speaker, the duration of the project is one year, beginning September, 2013. The completion of the project has, thus, not been delayed. The contractor is still well within the contract period and engineers from the Department of Housing and Infrastructure Development (DHID) in the province are relentlessly engaging with the contractor to ensure that the contract is completed in time and within the budgeted cost. The Government has not received any verbal or written complaints concerning the project. So, we are satisfied with the performance of the contractor.

I thank you, Sir.

Mr Mwila: Mr Speaker, the hon. Minister will recall that the contractor worked on the foundation, then, shifted to another site to work on another foundation.

Mr Mweetwa: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Mweetwa: Mr Speaker, I thank you for according me this opportunity to raise this very serious point of order.

Sir, according to the Parliamentary Calendar, this session is a legislative one. My research has revealed that when the Movement for Multi-party Democracy (MMD) was in power, it would bring many Bills to this House. I am also aware that your Committees have made several recommendations to the PF Executive to initiate amendments of legislation, the recent one being the Zambia National Broadcasting Corporation (ZNBC) Act, to which your Committee recommended a number of amendments, including that of allowing the Director-General of ZNBC to sit on the board as an ex officio member. Is the PF Executive in order not to bring Bills during this session and, instead, rely on questions from hon. Members of the Back Bench throughout this session, yet …

Interruptions

Mr Mweetwa: … its members are entitled to salaries or allowances?

Hon. Opposition Members: Hear, hear!

Mr Mweetwa: Are they in order to conduct themselves in this fashion?

Sir, I need your serious ruling on this very serious matter.

Hon. Government Members: Question!

Hon. Opposition Members: Hear, hear!

Mr Speaker: The basic premise of the point of order, which is that this is a legislative sitting, is correct and goes without saying. You might have noticed that, in the last three weeks, there have been some legislation, in the form of amendments or otherwise, that has been presented to the House. If you noticed yesterday’s order of proceedings, an amendment to a piece of legislation that was brought was even adopted. Furthermore, if you look at today’s order of proceedings, under 60, you will note that it has the Service Commission’s Bill, No. 21 of 2013, which is coming for the Report Stage. Therefore, if there are specific pieces of legislation or recommendations that you think ought to be brought, but there is procrastination in bringing it to the House, you can also put a question to the relevant hon. Minister so that we know why it has not been brought to the House.

As I said concerning our controversy over the Constitution, in the scheme of things, the primary responsibility of initiating legislation is vested in the Executive. Therefore, my function is to facilitate a platform, through this sitting, on which the Executive can bring forth legislation. I do not think that I am competent enough to undertake a comparative analysis of how many pieces of legislation have been brought by different governments in the past. All I can say is that this is the function of the Executive. Therefore, in that sense, hon. Members of the Opposition can hold the Executive to account on that subject under several mechanisms. Thereafter, the Office of the Clerk of the National Assembly will receive an appropriate channel or mechanism by which you can hold the Executive to account on that particular subject.

That is my ruling.

Mr Mwila: Mr Speaker, I was saying that, initially, the contractor worked on the foundation, but …

Mr Sichinga: On a point of order, Sir.

Mr Speaker: Order!

I will allow the hon. Member for Chipili to complete his follow-up question.

Mr Mwila: A new site has now been chosen where a foundation is being built. Has the Government incurred any extra coat as a result of that?

Mr N. Banda: Mr Speaker, I appreciate the hon. Member for Chipili for that observation.

Sir, after the first foundation was built in the first area, it was discovered that the spaces between the foundations were not properly followed by the contractor. Therefore, the contractor was advised to rebuild the foundation in the same area and the cost incurred was within the project contingency amount.

I thank you, Sir {mospagebreak}

Mr Bwalya: Mr Speaker, …

Mr Sichinga: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Sichinga: Mr Speaker, I sincerely apologise to my two colleagues who were asking questions. However, I rise on a very serious point of order.

Sir, is the hon. Member of Parliament for Choma Central in order to question why this Government is not bringing many Bills to the House when he knows that there are controversies in the legislative process here? In fact, it is he and his party who have caused disruptions in this House. These issues would have been dealt with in the past.

Hon. Government Members: Hear, hear!

Mr Sichinga: Sir, in any case, had he and his colleagues stayed in the House yesterday, we would have completed some of this business. This Government is ready to deal with these issues.

Is he in order or justified to ask in the manner in which he is raising the question?

I seek your serious ruling, Sir.

Hon. Government Members: Hear, hear!

Mr Mweetwa: Question!

Mr Speaker: There are two issues in response to that point of order. First and foremost, I have already made a ruling on this subject, which, I think, should have put the matter to rest. Secondly, technically, you cannot raise a point of order on a point of order.

Continue, Hon. Bwalya.

Mr Bwalya: Mr Speaker, country and town planning has been a source of concern in this country because towns have had difficulties to either expand or enhance access to certain social amenities. What measures has the ministry put in place, especially in the newly-created districts, so that people can have excellent plans that conform to modern requirements and better access to various institutions and amenities?

Mr N. Banda: Mr Speaker, once again, I appreciate the hon. Member for that important question.

Mr Speaker, indeed, the development of many old districts was done haphazardly. We have some districts that cannot expand after exhausting the land they were allocated. Some of the amenities lacking in the old districts, such as cemeteries, dumping sites and play parks are essential. Therefore, in an effort to curb this situation in the newly-created districts, we have employed more planners through the Local Government Service Commission (LGSC) for the local authorities. Further, the Government is making an effort to release the funds that my counterpart from the Ministry of Lands, Natural Resources and Environmental Protection talked about for that purpose. We are also strengthening the monitoring and evaluation aspect so that whatever is being put up in the new districts conforms to some model with specification that will have to be met.

I thank you, Sir,

Mr Kapyanga: Mr Speaker, during the MMD Government, most of the projects were handled unprofessionally.

Laughter

Mr Kapyanga: Sir, under the leadership of His Excellency the President, Mr Michael Chilufya Sata, the PF Government, through the Ministry of Lands, Natural Resources and Environmental Protection, has been able to recruit professionals. What measures has this ministry put in place to retain the professionals that have been recruited by this ministry for them to continue monitoring projects in the most professional manner?

Mr N. Banda: Mr Speaker, one of the measures that we have taken to retain the professionals that have been recruited is provision of housing units, which has been a problem in the past. Most of the qualified staff has been running away from us, especially those deployed to rural areas, because of poor accommodation. In addition, the remunerations for these professionals are being revised by the Government.

I thank you, Sir.

Mr Chungu: Mr Speaker, in his answer, the hon. Minister said this project commenced in September, 2013, and that its duration is one year. Is he sure that these houses will be completed within twelve months when they are just at the foundation level currently?

Mr N. Banda: Mr Speaker, as a ministry, we expect the project to be completed within the specified period. When we get to September, 2014, we will talk about the situation then.

I thank you, Sir.

Mr Mutale: Mr Speaker, …

Mr Mweetwa: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Mweetwa: Sir, I thank you for according me yet another opportunity to raise a point of order, which arises from the comments that His Excellency President, Mr Michael Chilufya Sata, made while campaigning in Katuba to the effect that most PF hon. Member of Parliament were useless, and this is in the public domain. That being the case, …

Interruptions

Mr Mweetwa: Sir, I am saying that President Sata said most PF hon. Members of Parliament were useless. In the last two years, these useless hon. Members of Parliament have rarely asked questions. What is propelling them, today, to ask so many questions when they have seen that the useful hon. Members of Parliament from the Opposition are not doing so?

I need your ruling, Sir.

Interruptions

Mr Speaker: First and foremost, as Presiding Officers, we have repeatedly stated that we would not like to be drawn into statements that are made outside the House, which I consider to be mere politicking. We want to keep away from your politics. Therefore, do not drag us into them. If you want to engage each other, there are platforms outside the precincts and Floor of the House for politicking. Secondly, there is absolutely nothing preventing the hon. Members on the right, particularly the Back Benchers, from asking a flurry of questions. The motivation or prompting is not my business. All I know is that they are entitled to ask questions.

Hon. PF Members: Hear, hear!

Mr Speaker: That is all. I do not want to speculate on their motivation for doing so. As long as they want to ask questions, I will give them the opportunity to do so. By the way, that principle applies to hon. Members on my left, too.

Hon. Mutale, continue.

Mr Mutale: Mr Speaker, we have heard from the answer given earlier on the Floor of the House that the foundations that were put up at first were not according to specifications. Now that the contractor has gone back to do this work for the second time, who will meet the additional cost? Will the contractor claim additional funding after doing poor work initially or cover the cost of re-doing the work?

Mr N. Banda: Mr Speaker, the intervention was at the foundation level. Therefore, it did not cost the contractor or the Government that much. We controlled the situation early. If the construction had gone further, this would have attracted higher costs. However, the extra cost has been taken care of within the contract sum. Therefore, there will be no need for additional funding.

I thank you, Sir.{mospagebreak}

RELOCATION OF STREET VENDORS

412. Mr Hamusonde (Nangoma) asked the Minister of Local Government and Housing when street vendors in towns countrywide would be relocated to designated trading centres.

The Deputy Minister of Local Government and Housing (Mr Tembo): Mr Speaker, the ministry cannot, presently, commit itself to any tentative date for a countrywide relocation of street vendors as consultations with other line ministries are still underway.

I thank you, Mr Speaker.

ENFORCEMENT OF LABOUR LAWS

413. Mr Kapyanga asked the Minister of Labour and Social Security what measures the Government had taken to compel all companies in Zambia, especially foreign-owned ones, to comply with labour laws.

The Deputy Minister of Labour and Social Security (Mr Mbulu): Mr Speaker, the Government compels all companies in Zambia to comply with labour laws by conducting regular labour inspections. There are three types of labour inspections that are carried out, namely:

(a) Routine labour inspections: These are planned inspections and the target is thirty-six inspections per month for each labour office. Companies to be inspected are pre-determined and a standard labour, factories and work places inspection form that comprises all the compliance checks is employed as a guide;

(b) Special inspections: These inspections are conducted to investigate a specific complaint or to address a matter in the public domain; and

(c) Follow-up inspections: These inspections build on either the routine or special inspections. They are conducted to ensure compliance with what was prescribed in the preceding inspection or inspections.

Sir, these inspections are, sometimes, carried out jointly with other Government wings, including the Department of Immigration, the Drug Enforcement Commission (DEC) and the Zambia Police Force.

Mr Speaker, the Government ensures that all foreign companies comply with labour laws and respect our sovereignty. From the outset, they are inducted in labour laws in countries where we have Zambian missions abroad before they come to set up their businesses here. Furthermore, there is an administrative policy that requires foreign companies to be inspected on a regular basis to ensure that they comply with our labour laws.

Sir, the hon. Member may also wish to appreciate that budgetary allocations to labour inspections have been increasing every year from the time the PF Government assumed control over the running of the affairs of the country. For this, we wish to express our special appreciation, as a ministry, to the Government, through the Ministry of Finance, which has shown political will. In 2012, the Government increased the allocation by 15 per cent, from the K680,000 allocated by the previous Government to K780,000. In 2013, the allocation leap-frogged to K1,332,813, reflecting a percentage increase of seventy. Further, in 2014, the allocation increased by forty-six per cent to K1,950,200. This is in line with the PF Manifesto’s policy of effectively carrying out labour inspections so as to promote the welfare of workers in the country.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Mr Kapyanga: Mr Speaker, …

Mr Mwaliteta: On a point of order, Mr Speaker.

Mr Speaker: A point of order is raised.

Mr Mwaliteta: Mr Speaker, I am shocked.

Dr Kaingu: Aah!

Mr Mwaliteta: I am shocked that the United Party for National Development (UPND) hon. Members of Parliament are outside loafing when Parliament business should take precedence. Are they in order to be outside when they are supposed to be inside the House?

I need your serious ruling, Mr Speaker.

Hon. Government Members: Hear, hear!

Mr Speaker: I have said before that …

Mr Mucheleka: Guy Scott has also gone.

Mr Speaker: … we are all expected to be present at all times when the House is sitting. Therefore, the absence of the hon. Members on the left that you have referred to, as far as I am concerned, is totally inexplicable. I would like to, again, seize this opportunity to remind hon. Members that we are duty-bound to attend the proceedings of the House fully committed. I know that there are exigencies of the moment that may demand that you walk out and come back from time to time. However, as I stated yesterday, I do not expect hon. Members to simply register at the beginning of business and, then, disappear for the rest of the day. That is unacceptable. So, I will continue monitoring and reviewing the situation, and exercising our minds on how best we can bring this kind of conduct to an end, especially where the absence is unjustifiable. I emphasise: especially where the absence is unjustifiable. Whether it is justifiable or not is a question of fact. However, I am bound to get to the bottom of the matter sooner than later.

Hon. Government Members: Hear, hear!

Mr Kapyanga: Mr Speaker, what are some of the penalties that have been meted out on companies that have perpetually abrogated labour laws?

Mr Mbulu: Mr Speaker, unfortunately, in the current legislative arrangement, the ministry has no mandate to prosecute, but it can refer a matter of abrogation to the Industrial Relations Court (IRC).

Sir, in terms of the quantum, I would appreciate it if the hon. Member could tender a question for either oral or written answer so that we can be as comprehensive as possible in our answer rather than give him an incomprehensive response.

Mr Speaker, I thank you.

Mr Mwila: Mr Speaker, the Branch Chairperson for the Mine Workers Union of Zambia (MUZ) in Luanshya has been dismissed by management for just being elected to that position. Under the current Industrial and Labour Relations Act, Cap 269 of the Laws of Zambia, an employee has the right to belong to a union. What are you doing, hon. Minister? Is that not a violation of the labour laws?

The Minister of Labour and Social Security (Mr Shamenda): Mr Speaker, I thank the hon. Member of Parliament for that follow-up question.

Sir, it is true that this incident took place in Luanshya. What happened was that, in the Conditions of Service, an employee who applies for a new job is supposed to disclose the reasons he left the previous employment and this is signed for in the contract. In this case, the management was not happy with the statement made by this particular person when campaigning for the position of branch chairperson. He said, “Where I come from, I force companies to close.” The management was, then, prompted to look through the file and discovered that he had not disclosed the reasons he was dismissed from work at the previous company. It was also discovered that he had been dismissed due to dishonest conduct. When it was brought to the attention of both the ministry and the union, we asked the top management of the union to carry out an investigation. I would like to assure this House that, as we speak, the top management of the union and the management of that particular company are engaged in discussions that, to some extent ... I would not like to conclude what the outcome is likely to be, but I am very sure that it might be positive.

I thank you, Mr Speaker.

Mr Musonda (Kapiri Mposhi): Mr Speaker, what steps has the Government taken to ensure that all foreign companies operating in Zambia employ the services of registered human resource practitioners.

Mr Mushanga: Hear, hear!

Mr Shamenda: Mr Speaker, very shortly, we will bring to this House a piece of legislation that will …

Mr Mucheleka: When?

Mr Shamenda: ... formalise the political will that this Government has initiated in seeing that ...

Sir, due to various traditions within Zambia, it is important that any person practising as a human resource personnel be a Zambian who should be a member of the Institute of Personnel Management …

Mr Mwanza: Awe! It is Human Resource Management.

Mr Shamenda: … member of the Institute of Human Resource Management. Currently, we are in discussions with the institute and monitoring and making sure that all those who are employed in this field are members of the institute.

I thank you, Mr Speaker.

Mr Mpundu: Mr Speaker, what is the extent of labour law violation by foreign companies operating in Zambia?

Mr Mbulu: Mr Speaker, the extent is one challenge that might require our sitting down to tabulate collected information from our various labour offices so that we are able to give the hon. Member comprehensive information because the degree of violation varies from place to place.

I thank you, Sir.{mospagebreak}

STAFF ESTABLISHMENT AND ENROLMENT LEVELS AT THE CLINICAL OFFICERS TRAINING SCHOOL IN KABWE

414. Mr Kapyanga asked the Minister of Health what the full staff establishment and student enrolment levels at the Clinical Officer’s Training School currently under construction in Kabwe District would be.

The Deputy Minister of Health (Dr Chilufya): Mr Speaker, the Chainama Clinical Officers’ Training School, Kabwe Campus, will have an establishment of sixty-five staff, which will consist of thirty-two teaching and thirty-three administrative staff. The school will have an initial enrolment capacity of sixty students.

I thank you, Sir.

Mr Kapyanga: Mr Speaker, when will this project be completed?

Mr Bwalya: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Bwalya: Mr Speaker, I apologise to my friend for disturbing his line of thought. However, I rise on a very serious point of order. I also want to take cognisance of your rulings on similar points of order on a number of occasions.

Mr Speaker, there is an assault on our Standing Orders, which is not only worrying, but also dangerous. You have, on a number of occasions, given orders to hon. Members of Parliament from the UPND not to be absent from the House, but they have totally, wilfully and with impunity disregarded your orders in this House. A while ago, there was a point of order on the fact that legislation is not being brought to this House despite this being a legislative sitting and you clearly stated that there are, in fact, two Bills on the Order Paper. That concern was raised by the hon. Member of Parliament for Choma Central who left the House soon after the ruling. This propensity not to follow your orders is worrying not only this House, but also the nation as a whole. This is what the people of Lupososhi are worried about.

Mr Mwila: Hear, hear!

Mr Bwalya: Mr Speaker, they are worried that the decorum and etiquette of this House are being disregarded. Are the hon. Members of Parliament from the UPND and a number from the MMD in order to continue, with impunity, to disregard your orders to stay in the House and help pass legislation that they demanded even a while ago?

I need your very serious ruling, Sir.

Mr Speaker: Hon. Members, I have already addressed this issue and acknowledged those concerns. I normally want to proceed in an informed fashion and with an element of caution. That is my approach. I would like to assemble sufficient information on why this state of affairs has arisen and closely monitor the conduct of the hon. Members in question. I think that it is premature for me to take a definitive position at this juncture. It is a matter of concern to me as well because what we are seeing cannot be a matter of coincidence.

Order!

Business was suspended from 1615 until 1630 hours.

[MR SPEAKER in the Chair]

Mr Speaker: When business was suspended, the House was considering Question for Oral Answer Number 414 asked by the hon. Member for Kabwe Central, who was about to ask a supplementary question, but was interrupted by a point of order raised by Hon. Bwalya. May he now ask his question.

Kapyanga: Mr Speaker, when will construction of the school be completed?

Dr Chilufya: Mr Speaker, the completion is earmarked for 2014.

I thank you, Sir.

Mr Chungu: Mr Speaker, does the ministry have any plans of expanding the nursing school in Kabwe to increase the enrolment levels?

Dr Chilufya: Mr Speaker, there are no immediate plans to expand Kabwe Nursing School.

I thank you, Sir.

APPOINTMENT OF ZAMBIA PUBLIC PROCUREMENT AUTHORITY DIRECTOR OF PROCUREMENT

415. Mr Mwanza (Solwezi West) asked the Minister of Finance when the position of Director of the Procurement at the Zambia Public Procurement Authority (ZPPA) would be filled.

The Minister of Finance (Mr Chikwanda): Mr Speaker, the position of Director of Procurement does not exist on the establishment of the ZPPA. However, the ZPPA has four positions at the level of director, namely, Director of Inspections and Standards, Director of Information Technology, Director of Finance and Director of Human Resources and Administration. All these are currently filled, including the position of Director-General, which is held by Dr Chibelushi M. Musongole, who was appointed on 17th November, 2013.

I thank you, Sir.

Mr Speaker: The next question was supposed to have been asked by the hon. Member for Gwembe, Mr Ntundu, but he is indisposed. I wish him a very speedy recovery.

Hon. Government Members: Hear, hear!

Mr Speaker: However, in his absence, he has requested the hon. Member for Sesheke, Mr Sianga, to ask the question on his behalf.

Mr Sianga (Sesheke): Mr Speaker, I thank you for giving me this rare opportunity to be a proxy for Hon. Ntundu, Member of Parliament for Gwembe.

CONSTRUCTION OF A UNIVERSITY IN GWEMBE

416. Mr Sianga (on behalf of Mr Ntundu (Gwembe)) asked the Minister of Education, Science, Vocational Training and Early Education:

(a) when construction of a university in Gwembe District would commence;

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

(d) what the source of the funding for the project was.

The Deputy Minister of Education, Science, Vocational Training and Early Education (Prof. Willombe): Mr Speaker, the ministry has plans to build a university in each of the provinces of Zambia. However, when the turn for the Southern Province comes, we will consult stakeholders on where to build the university. If they choose Gwembe, then, will we know the commencement date, cost and contractor for the project.

I thank you, Sir.

KONKOLA DEEP MINING PROJECT

417. Mr Mwila asked the Minister of Mines, Energy and Water Development:

(a) what the future of Konkola Deep Mining Project (KDMP) was;

(b) how much money had been spent on the project; and

The Deputy Minister of Mines, Energy and Water Development (Mr Musukwa): Mr Speaker, the KDMP’s current lifespan extends up to 2050. Most of the investments in the KDMP are complete and the mine is expected to contribute to increased annual production at Konkola Copper Mines (KCM) from the current 2 million tonnes to 6 million tonnes by 2021.

Mr Speaker, US$964 million was spent to sink the shaft and a further US$500 million on developing the mine.

Mr Speaker, the KDMP Project is being financed by funds from within KCM and borrowing guaranteed by Vedanta Resources Plc.

I thank you, Sir.

Mr Mwila: Mr Speaker, when will the KDMP be fully operational? I ask this because there is nothing being said about the project currently. Can you inform the nation about that?

Mr Musukwa: Mr Speaker, the sinking of the shaft, as I elaborated, was completed in 2012, and it is being used to hoist development waste. The mine will be fully operational once the development of the shafts and other underground production facilities, such as rescue bays, workshops and pumps, have been completed.

I thank you, Sir.

Mr Speaker: The next question is from the hon. Member for Lubansenshi.

Hon. Government Members: Hear, hear! Hon. Mucheleka. Allowance!

Mr Mucheleka: Mr Speaker, Question 418.

Mr Chikwanda: Ulechusha bawiso.

MONEY PAID TO LOCAL AUTHORITIES FROM MINERAL ROYALTY

418. Mr Mucheleka (Lubansenshi) asked the Minister of Finance:

(a) how much money was paid to local authorities and communities in 2013 as mineral royalty shared as prescribed under the Mines and Minerals Development Act No. 7 of 2008; and

(b) if nothing was paid to the stakeholders, why.

Mr Chikwanda: Mr Speaker, the sharing of revenues between the Central Government and local authorities in accordance with Section 136 of the Mines and Minerals Development Act No. 7 of 2008 was implemented for the first time through the 2013 National Budget, which allocated an initial K50.1 million or 22.6 per cent of the mineral royalty tax revenue in 2013 to local authorities. These funds were envisaged to be disbursed to local authorities through the newly-introduced Local Authorities Development Fund (LADF), an initiative developed by the Ministry of Finance and the Ministry of Local Government and Housing to operate a challenge fund for local authorities. Its purpose is to finance project proposals developed and elaborated by local authorities and aimed at facilitating and stimulating non-copper local economic activities, which should continue to provide jobs and create wealth within council jurisdictions after the wasting mineral assets, such as copper, have been exhausted. Therefore, priority will be placed on those projects that are intended to support enhanced private sector investment and employment creation in key strategic areas, such as tourism, agriculture, livestock, fisheries, forestry, agro-processing, manufacturing and other economic activities that can add value to locally-produced materials.

Mr Speaker, the Treasury did not disburse any money in the form of shared mineral royalty revenues to local authorities in 2013 due to the non-submission of project proposals from local authorities. A post-mortem of this undesirable development revealed a lack of understanding by local authorities of the facets, rationale and procedure for accessing this challenge fund. Therefore, my ministry and the Ministry of Local Government and Housing are currently working on a framework for sensitising stakeholders about the role and significance of the mineral royalty funded LADF in sustaining local economic development, as well as providing detailed guidelines to councils regarding the development of their respective project proposals for the purpose of accessing the fund. In this regard, future increases to the local authorities’ share of the mineral royalty tax revenue will be, to a large extent, dependent on the success of the LADF. Therefore, I enjoin hon. Members of Parliament to sensitise the local authorities to apply for this fund.

I thank you, Sir.

LIFE SPAN AND EQUIPMENT OF KONKOLA COPPER MINE OPERATIONAL AREAS

419. Mr Mwila asked the Minister of Mines, Energy and Water Development:

(a) what the lifespan of all Konkola Copper Mines PLC (KCM) operational areas was;

(b) why some of the operational areas had been closed; and

(d) where the KCM had taken the equipment for the closed operational areas.

Mr Musukwa: Mr Speaker, the lifespan of KCM operational areas or current mines is as follows:

Operational Area Life Span

Nchanga Underground Mine (lower ore body) 3 years (Up to 2017)

Nchanga Open Pit (Cut II) 3 years (Up to 2017)

Nchanga Open Pit (Chingola Open Pit F& D) 3 to 4 months

Konkola Underground Mine 36 years (Up to 2050)

Sir, the KCM and the Government are working closely to develop several other large ore bodies found underground at Nchanga to increase the lifeline of the mines.

Mr Speaker, operational areas that have been closed are at Chingola Open Pit F&D and Chinglola Open Pit A and Fitwaola. The Chingola Open Pit F&D was closed because the pit became non-viable to mine due to the escalating contractual costs while Chingola Open Pit A was closed due to the depletion of the resources. As for the Fitwaola Open Pit, it was closed due to the lower copper price prevailing then. The price was below the break-even level. In any case, these are areas that the company is considering revisiting to continue to increase the lifeline of the mine and create employment for our people.

Mr Speaker, KCM Plc did not have any equipment at the closed pits because the operations were undertaken by mining contractors, who had brought in their own equipment.

I thank you, Sir.

Mr Mwila: Mr Speaker, now that the hon. Minister …

Mr Mweetwa: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Hon. Government Members: Aah!

Mr Mweetwa: I am paid to talk here.

Mr Speaker, I thank you for affording me yet another opportunity to raise a very serious point of order which, from where I stand, borders on grave national interest. It concerns national unity and the Constitution of the Republic of Zambia, in terms of discrimination and the prohibition against discrimination.

Sir, when the PF won the by-election in Mansa Central, it was said to be free, fair and democratic. However, when the UPND won in Katuba, it was said that the party had won on tribal lines.

Hon. Government Members: Yes!

Mr Mweetwa: Sir, in this House, and this can be confirmed if we go to the verbatim records, the languages in which the majority of the vernacular comments that people make are known by everybody. However, when the hon. Member of Parliament for Katuba was voted for by the people of Katuba because of the unfulfilled election promises by the PF, which also has a poor governance record, and he made the statement in this House that, “Techishi chabanyina,” meaning that Zambia is for us all, ...

Hon. Government Members: Question!

Mr Mweetwa: … he was accused …

Interruptions

Mr Speaker: Let us have order so that we make progress.

Mr Mweetwa: Mr Speaker, Hon. Shakafuswa was accused of bringing tribalism to the House.

Sir, are the PF members, including their Secretary-General and The Post Newspaper in order to allege that there is tribalism in the country when they miserably lost the Katuba Seat after abusing a lot of taxpayers’ money, flying in helicopters over the 20km distance from Lusaka to Katuba? They now want to use tribalism as an excuse. Are they in order to begin to divide this nation in this manner when they miserably lose an election as they did in Katuba?

I seek your serious ruling.

Interruptions

Mr Speaker: Hon. Members, I really do not know how many times I will say this. Leave the politics outside Parliament. As far as the remark by the hon. Member for Katuba is concerned, I made a ruling. Without going into many details, the local language that was employed is the language I use.

Hon. Opposition Members: Hear, hear!

Mr Speaker: I did not require any interpretation.

Hon. Opposition Members: Hear, hear!

Mr Speaker: In fact, you are now misinterpreting.

Hon. Government Members: Hear, hear!

Mr Mwila: Eba Speaker aba!

Interruptions

Mr Speaker: Part of my heritage is from Katuba.

Interruptions

Mr Speaker: May the hon. Member for Chipili continue, please.

Mr Mwila: Mr Speaker, now that you have …

Mr Kapeya: On a point of order, Sir.

Mr Speaker: A point of order is raised.

Mr Kapeya: Mr Speaker, on several occasions, you have ruled that people or institutions that are not present in this House should not be brought into our deliberations. Is the hon. Member of Parliament for Choma Central in order to drag The Post Newspaper into this House when its workers or owners are not here to defend themselves?

I seek your serious ruling.{mospagebreak}

Interruptions

Mr Speaker: Let us not flog a dead horse. I have already ruled on this subject on several occasions. Let us confine ourselves to the Business of this House. You see, there is a risk that, if we continue with this trend, we will undermine the decorum and dignity of the House. There are many things that are said out there without any regulations, rules or ethics. Some of them also lack political morality. They should not be dragged to the Floor of the House for the Speaker to begin adjudicating on. We decline the invitation. I know that you are in political competition, but use other platforms. Do not drag the Presiding Officers into it. We have business to transact here on behalf of your electorates.

Mr Kapeya: The nation!

Mr Speaker: May the hon. Member for Chipili continue, please.

Mr Mwila: Mr Speaker, now that it has been confirmed that there are some operations that will close down in three to four months, where will the employs go? Can you state the position because that is my concern?

Mr Musukwa: Mr Speaker, I think that, by their nature, mining operations open new ore bodies all the time. The operation we are talking about is a section that will dispose of the operational works, but the company will open up new works. So, there is no need for the hon. Member to be anxious about what will happen to our people because they will be guaranteed work in other areas. I have stated, hon. Member, that the company is opening two large new underground ore bodies at Nchanga, which will assimilate most of our people and new employees will be hired.

I thank you, Sir.

Hon. Government Members: Hear, hear!

SUBMISSION OF THE REPORT OF THE TASK FORCE ON KONKOLA COPPER MINES’ OPERATIONS

420. Mr Mwila asked the Minister of Mines, Energy and Water Development:

(a) when the Task Force on the Konkola Copper Mines Plc’s operations would submit the report to the Government;

(b) what had caused the delay in submitting the report; and

Mr Musukwa: Mr Speaker, the Task Force that was constituted to audit the operations of KCM submitted the report of its findings in January, 2014.

Sir, there was no delay, whatsoever, as the report was submitted within the project time frame.

Mr Speaker, the amount of money spent on the work of the task force was K149,872. The project was financed by the Republic of Zambia.

I thank you, Sir.

Mr Mwila: Mr Speaker, Zambians are very concerned about the future of KCM. Can you state when the Government will submit this report to the public so that we know its contents.

Mr Musukwa: Mr Speaker, the hon. Minister of Mines, Energy and Water Development, Mr Yaluma, indicated that we received this report and it was published. I assure this House, employees at KCM and the country at large that the viability of KCM is guaranteed and that our people have nothing to worry about because KCM has committed huge resources to keeping the company afloat. The lifeline of the company is expected to go beyond 2050.

I thank you, Sir.

Mr Mweetwa (Choma Central): Mr Speaker, why should we believe the hon. Minister’s assurances when the PF, through President Sata, assured the people of Zambia that they would have a new Constitution within ninety days, but has failed to deliver?

Hon. Opposition Members: Aah!

Mr Mweetwa: Why should we believe you on the small things when you have failed to deliver on a big thing, is the Constitution?

Mr Musukwa: Mr Speaker, I thank the hon. Member for Choma Central for rising to the occasion and asking a very pertinent question regarding the future of the mine.

Sir, I guarantee that the Government has engaged KCM at a very high level and has been given a written assurance on the viability of the mine’s future. The capital resources are guaranteed. I also want to indicate to our hard-working hon. Member of Parliament that His Excellency the President of the Republic of Zambia has indicated to this House our commitment, as a Government, to the Constitution. We stand by that commitment because we operate by rules.

Mr Sianga: Question!

Hon. Opposition Members: Hear, hear!

Mr Musukwa: Mr Speaker, you will note that the Government has set out a clear roadmap in terms of how we will move as regards the Constitution.

Mr Sianga: Question!

Mr Musukwa: That is how we established the committee that was drafting the report. The hon. Minister of Justice also indicated on the Floor of this House that the Chairperson of the Technical Committee had indicated that the report was ready to be handed over to His Excellency the President.

Hon. Opposition Members: Hear, hear!

Mr Musukwa: Sir, as a working Government, we are committed to that cause. I assure the hon. Member of Parliament, who has remained in the House to ask this question, that the Government and the President are committed to a people-driven Constitution, which many Governments, including his allies, failed to provide.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

Mr Speaker: If there are no more supplementary questions, I will proceed to the next question, which should have been asked by Hon. Ntundu but, as I mentioned, he is, unfortunately, indisposed. However, he has responsibly delegated the task to the hon. Member for Sesheke, Mr Sianga.

Mr Mushanga: Sesheke?

COMMERCIAL BANKS

421. Mr Sianga (on behalf of Mr Ntundu) asked the Minister of Finance:

(a) how many commercial banks were operating in Zambia as of December, 2013;

(b) how many were listed on the Lusaka Stock Exchange (LuSE);

(d) what measures the Government had taken to protect account holders in the event of a bank being closed.

Mr Chikwanda: Mr Speaker, there were nineteen commercial banks operating in Zambia as at 31st December, 2013.

Sir, there were four banks listed on LuSE, namely, Standard Charted Bank Plc, Investrust Bank Plc, which is locally-owned, Zambia National Commercial Bank (ZANACO) Plc, in which the Zambian public has a substantial stake, and Barclays Bank Plc.

Mr Speaker, there are no banks that are likely to open in 2014.

Sir, the Government is in the process of developing legislation for the establishment of a comprehensive depositor protection scheme for bank customers.

I thank you, Sir.

Mr Sianga: Mr Speaker, I thank you and the two hon. Ministers who have responded to the questions. I will convey the responses to the owner of the question.

Laughter

Mr Speaker: I am sure that he is listening.

Laughter

__________

BILLS

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
Chair]

THE BUSINESS REGULATORY BILL, 2013

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 − (Interpretation)

The Minister of Commerce, Trade and Industry (Mr Chenda): Mr Chairperson, I beg to move an amendment in Clause 2:

(a) on page 5, in lines 6 to 8
by the deletion of the definition of “Agency”;

(b) on page 6
(i) in line 23
by the deletion of the words “has the meaning assignment to it in” and the substitution therefor of the words “means a city, municipal or district council established under”;

(ii) after line 32
by the insertion of the following new definition:

“Patents and Companies Registration Agency” means the Patents and Companies Registration Agency established under the Patents and Companies Registration Agency Act, 2010; and

(i) in line 2
by the insertion after the word “the,” before the words “Patents and Companies Registration”;

(ii) in line 13
by the deletion of the word “Agency” and the substitution therefor of the words “Patents and Companies Registration Agency or a local authority”;

(iii) in line 16
by the deletion of the word “and”; and

(iv) after line 16
by the insertion of the following new definition and the word “and”:

“single licensing system” means a licensing system designed to facilitate compliance with multiple licensing requirements by multiple regulatory bodies through a single regulatory point or a regulatory service centre; and.”

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.

CLAUSE 4 – (General Principles and Interventions for Regulating Business)

Mr Chenda: Mr Chairperson, I beg to move an amendment in Clause 4, on page 11, in lines 21 to 23 by the deletion of the words “fourteen days after the application is lodged and, if no response is given on the fourteenth day” and the substitution therefor of the words “within the prescribed period after the application is lodged and, if no response is given on the last day of the prescribed period.”

Amendment agreed to. Clause amended accordingly.

Clause 4, as amended, ordered to stand part of the Bill

Clauses 5, 6, 7 and 8 ordered to stand part of the Bill.

CLAUSE 9 – (Regulatory Services Centres and Regulatory Clearance)

Mr Chenda: Mr Chairperson, I beg to move an amendment in Clause 9, on page 14:

(a) in line 25
by the deletion of the word “Agency” and the substitution therefor of the words “Patents and Companies Registration Agency”; and

(b) in line 31
by the deletion of the word “Agency” and the substitution therefor of the words “Patents and Companies Registration Agency”.

Amendment agreed to. Clause amended accordingly.

Clause 9, as amended, ordered to stand part of the Bill.

Clause 10 ordered to stand part of the Bill.

CLAUSE 11 – (Mechanisms for Operationalisation of Single Licensing System)

Mr Chenda: Mr Chairperson, I beg to move an amendment in Clause 11:

(a) on page 16, in line 32
by the deletion of the word “Agency” and the substitution therefor of the words “Patents and Companies Registration Agency”; and

(b) on page 17, in line 1
by the deletion of the word “Agency” and the substitution therefor of the words “Patents and Companies Registration Agency”.

Amendment agreed to. Clause amended accordingly.

Clause 11, as amended, ordered to stand part of the Bill.

Clauses, 12, 13 and 14 ordered to stand part of the Bill.

CLAUSE 15 – (Director and other Staff)

Mr Chenda: Mr Chairperson, I beg to move an amendment in Clause 15, on page 19:

(a) in lines 25 and 26
by the deletion of Sub-Section 1 and the substitution therefor of the following new sub-section:

“(1) The Public Service Commission shall appoint as public officers the Director and other staff of the Business Regulatory Review Agency”; and

(b) in lines 30 and 31
by the deletion of Sub-Section 3.

Amendment agreed to. Clause amended accordingly.

Clause 15, as amended, ordered to stand part of the Bill.

Clauses, 16, 17 and 18 ordered to stand part of the Bill.

CLAUSE 19 – (Savings and Transitional Provisions)

Mr Chenda: Mr Chairperson, I beg to move an amendment in Clause 19, on page 20, in line 19 by the deletion of the words “six months” and the substitution therefor of the words, “two years”.

Amendment agreed to. Clause amended accordingly.

Clause 19, as amended, ordered to stand part of the Bill.

Schedule ordered to stand part of the Bill.

Title agreed to.

__________

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bill was reported to the House as having passed through Committee with amendments:

The Business Regulatory Bill, 2013

Report Stage, on Friday, 7th March, 2014.

REPORT STAGE

The Service Commissions (Amendment) Bill, 2013

Report adopted.

Third Reading, on Friday, 7th March, 2014.

_________

Mr Speaker: Order!

MOTION

ADJOURNMENT

The Vice-President Leader of Government Business in the House (Dr Scott): Sir, I beg to move that the House do now adjourn.

Hon. Government Members: Hear, hear!

Question put and agreed to.

_________

The House adjourned at 1718 hours until 0900 hours on Friday, 7th March, 2014.

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Debates - Thursday, 6th March, 2014

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