DAILY PARLIAMENTARY DEBATES FOR THE THIRD SESSION OF THE ELEVENTH ASSEMBLY

Wednesday, 26th February, 2014

The House met at 1430 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM
    
PRAYER
__________

OATH OF ALLEGIANCE

The following hon. Member took and subscribed the Oath of Allegiance:

Jonas Shakafuswa

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MINISTERIAL STATEMENT

UPDATE OF CONSTITUTION-MAKING PROCESS

The Minister of Justice (Mr Kabimba, SC.): Mr Speaker, before I make my statement, I wish to congratulate the United Party for National Development (UPND) on scooping the Katuba Seat …

Hon. UPND Members: Hear, hear!

Mr Kabimba, SC.: … using the formula it knows best, the Mapatizya Formula. 

Hon. Government Members: Hear, hear!

Mr Kabimba, SC.: I also want to welcome my young brother, the hon. Minister …

Laughter 

Mr Kabimba, SC.: … I beg your pardon, the Member of Parliament for Katuba, Hon. Jonas Shakafuswa. I hope that he will help us slaughter the Bills in this House ... 

Laughter 

Mr Kabimba, SC.: … because we have a lot of work ahead. 

Hon. Government Members: Hear, hear!

Mr Kabimba, SC.: Mr Speaker, turning to my party, the Patriotic Front (PF), I want to congratulate it on having wedged a civilised campaign in Katuba ... 

Hon. Government Members: Hear, hear!

Mr Kabimba, SC.: … and also commiserate with the Movement for Multi-party Democracy (MMD) for losing a seat to the UPND. 

Hon. Government Members: Hear, hear!

Mr Kabimba, SC.: Mr Speaker, I would like to thank you for giving me this opportunity, once again, to make a ministerial statement in this august House on the update regarding the constitution-making process in our country. 

Sir, I have, on several occasions, informed the nation, through this House, that the Technical Committee on Drafting the Zambian Constitution is the body appointed and mandated to manage the constitution-making process. At the end of the process, it will submit the final draft report to His Excellency the President. 

In his speech to this House in October, 2012, His Excellency the President informed the nation that upon receipt of the final draft report, the Government would engage stakeholders on the post handover road map. 

Mr Speaker, I would like to inform the House that I have been advised by the Chairperson of the Technical Committee on Drafting the Zambian Constitution that the final draft report is now ready for handover to His Excellency the President.

Interruptions

Mr Kabimba, SC.: I am, accordingly, consulting with His Excellency the President for a suitable date within his schedule of work to handover the draft report. However, it is important for me to state that one of the reasons leading to the delay in the hand over of the report was the attempt, at one point, by the Technical Committee on Drafting the Zambian Constitution to handover the report to me instead of His Excellency the President, who is the appointing authority of the committee. 

I objected to such a handover and returned the document to the Office of the Chairperson of the Technical Committee on Drafting the Zambian Constitution, pending my consultation on the handover date with His Excellency the President, as stated earlier. 

Mr Speaker, some stakeholders have expressed anxiety on the progress regarding the constitution-making process. Some of them have made public statements insinuating a lack of political will or good faith on the part of the Government.  

Hon. Opposition Members: Yes!

Mr Kabimba, SC.: We have, as a Government, received such statements with utmost dismay. As I have stated before on many fora, the constitution-making process, which is currently underway, is one of the programmes meant for implementation under the Pf Manifesto which was launched in March, 2011. 

Hon. Government Members: Hear, hear!

Mr Kabimba, SC.: This manifesto is meant for the period 2011 to 2016, which is the PF’s first term in office that began in September, 2011.

Mr Speaker, the PF Manifesto is a comprehensive social and economic programme for this Government. It is intended to uplift the welfare of the people by addressing all their needs. These needs range from health care, education, agriculture, housing and the promotion of the rule of law and constitutionalism.

Sir, yes, the Zambian people need a comprehensive Constitution which should address some lacunas in the current one, in line with the demands of the tenets of democracy in the 21st Century, but our people also demand that this Government guarantees them food, a good health care system, employment opportunities, social security after retirement and education opportunities up to tertiary level. All of these aspects of our people’s lives are corollary to a demand for the comprehensive Constitution. None of them would, therefore, stand as a single pillar in the absence of the other.

Mr Speaker, it is in this vein that we should all understand the position taken by His Excellency the President in his pronouncements on the Constitution.

 Mr Livune: Question!

Laughter

Mr Kabimba, SC.: Mr Speaker, it is not true or correct to suggest that our country has become polarised as regards the constitution-making process. It is also not true to further suggest that there exists one group of stakeholders which is championing the process on one hand with the Government resisting such a demand against the people’s interest on the other. What is true is that the PF Government remains committed to the constitution-making process to the extent …

Interruptions

Mr Kabimba, SC.: … that the programme remains wholly-owned by and is also representative of the views of all the citizens of this country irrespective of their station in life.

Hon. Government Member: Hear, hear! 

Mr Kabimba, SC.: Mr Speaker, we, as a Government, appreciate the fact that in a democracy like ours, the people will express their views through different avenues on how the Government should undertake various programmes. This is what democracy entails. However, we should be careful and guard against projecting puritanism in such instances.

Sir, democracy constitutes a prism for all stakeholders, including this Government. Nowhere is such caution better expressed than in the speech by one of the Great American Presidents, Mr Abraham Lincoln, given after being sworn in President on the 5th of March, 1861. He said the following:

 “We should bear this in mind, and act in such a way as to say nothing insulting or irritating. I would inculcate this idea, so that we may not, like Pharisees, set ourselves up to be better than other people.”

Mr Speaker, the PF Government has a national development agenda unlike what we have seen in the past years. The constitution-making process is part of this agenda.

Mr Speaker, I thank you.

 Hon. Government Members: Hear, hear! 

Mr Speaker: Order! 

Hon. Members are now free to seek points of clarification on the ministerial statement made by the hon. Minister of Justice.

Mr Nkombo (Mazabuka Central): Mr Speaker, I am indebted to you for giving me this opportunity to try to make heard how hollow the statement that has been delivered by the hon. Minister of Justice this afternoon is. As such, we are depending on your leadership, as the head of this legislative Assembly.

Sir, the question that arose in the point of order that was raised by the hon. Member of Parliament for Lubansenshi was specific to the extent that previous pronouncements have been made by the same hon. Minister of Justice using the same mouth that by December 2013, the Draft Constitution would be ready for delivery by the Technical Committee on Drafting the Constitution.

Mr Speaker, that is my short preamble. Representing all these hon. Members of Parliament …

Mr Speaker: Order, hon. Member for Mazabuka Central!

Mr Nkombo: Sir, we have no follow-up questions, but depend on you to assist us to get the …

Mr Speaker: Order! Could the hon. Member for Mazabuka Central sit down!

This is point of clarification session. I know that this is a very emotive and topical subject, but it does not change our rules. However emotive or topical the subject is, it does not change the rules. This is an opportunity to seek clarification.

Hon. Members, let me send this counsel to those who are coming after the hon. Member for Mazabuka Central that there should be no preface or preamble to your points of clarification. The statement has been issued and, therefore, it is time for points of clarification. 

Can the hon. Member for Mazabuka Central continue.

Mr Nkombo: Mr Speaker, to demonstrate that we need this Constitution to be delivered to the people like yesterday, we have no further questions, but to demonstrate to you that we want it today.

Mr Speaker: Order! 

In any case, that is not a point of clarification.

Interruptions

Hon. Opposition Members walked to the Table of the House before Mr Speaker.

Interruption

Mr Speaker: Order! Since there are no further points of clarification, it is now time for Questions for Oral Answer.

Hon. Government Members: Hear, hear!

Interruptions

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QUESTIONS FOR ORAL ANSWER

Mr Speaker: The hon. Member for Nangoma.

Mr Mwila: Lapsed!

Mr Speaker: Question 355 has lapsed.

Interruptions

Mr Speaker: Hon. Member for Mwandi.

Hon. Government Members: Lapsed!

Mr Speaker: Question 356 has lapsed.

Interruptions

Mr Speaker: Hon. Member for Solwezi West.

Hon. Government Members: Lapsed!

Mr Speaker: Question 357 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Gwembe.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 358 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Kalabo Central.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 359 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Mumbwa.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 360 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Again, hon. Member for Nangoma.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 361 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Lumezi.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 362 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Lumezi.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 363 has lapsed.

Hon. Opposition Members: Constitution!

Mr Speaker: Hon. Member for Kalabo Central.

Hon. Opposition Members: Constitution!

Mr Speaker: Question 364 has lapsed.

Hon. Opposition Members: Constitution!

__________

BILL

SECOND READING

THE SERVICE COMMISSIONS (Amendment) BILL, 2013

The Minister of Justice (Mr Kabimba, SC.): Mr Speaker, I beg that the Bill be read a second time.

Hon. Opposition Members: Constitution!

Mr Kabimba, SC.: Mr Speaker, the Service Commission Act, …

Hon. Opposition Members: Aah! Constitution!

Mr Kabimba, SC.: … Cap. 258 of the Laws of Zambia …

Hon. Opposition Members: Constitution!

Mr Speaker: Order, hon. Member!

Hon. Opposition Members: Constitution!

Mr Kambwili: On a point of order, Sir.

Mr Speaker: A point of order is raised.
Mr Kambwili: Mr Speaker, I stand on a very serious point of order.
Hon. Opposition Members: Constitution!
Mr Kambwili: Our guidelines and Standing Orders are very clear …

Hon. Opposition Members: Constitution!

Mr Kambwili: … on how hon. Members of Parliament are supposed to conduct themselves in the House, …

Hon. Opposition Members: Constitution!

Mr Kambwili: … but what we are seeing today …

Hon. Opposition Members: Constitution!

Mr Kambwili: … is not provided for …

Hon. Opposition Members: Constitution!

Mr Kambwili: … in any of our Standing Orders.

Hon. Opposition Members: Constitution!

Mr Kambwili: Mr Speaker, are the hon. Members of Parliament from the Opposition in order
 …

Hon. Opposition Members: Constitution!

Mr Kambwili: …to misbehave and use the Floor of the House to politicise an issue that is straight-forward …

Hon. Opposition Members: Constitution!

Mr Kambwili: … and on which the Government has given its position …

Hon. Opposition Members: Constitution!

Mr Kambwili … clearly outlining the roadmap?

Hon. Opposition Members: Constitution!

Mr Kambwili: Sir, are they in order to disrupt the proceedings …

Hon. Opposition Members: Constitution!

 … of Parliament with impunity?

Hon. Opposition Members: Constitution!

Mr Kambwili: Sir, I need your serious ruling.

Hon. Opposition Members: Constitution!

Mr Speaker: Order!

My ruling is very short. It is very clear from the conduct of the hon. Members of the Opposition that they are not ready to transact …

Mr Ng’onga: They are no longer honourable.

Interruptions

Mr Speaker: … and, as a result, I have resolved to suspend Business of the House forthwith.

Business was suspended from 1451 hours until 1532 hours.

[MR SPEAKER in the Chair]

Mr Speaker: Hon. Members, I had suspended business, but I have now decided that the Business of the House shall stand adjourned.

Interruptions
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The House adjourned at 1533 hours until 1430 hours on Thursday, 27th February, 2014.

WRITTEN REPLY TO QUESTIONS

KEEZWA POLICE POST

355. Mr Hamusonde (Nangoma) asked the Minister of Home Affairs:

(a)    when Keezwa Police Post in Nangoma Parliamentary Constituency would be operational again; and

(b)    what had caused the police post to be closed.

The Minister of Home Affairs (Dr Simbyakula): Mr Speaker, I wish to inform the House that Keezwa Police Post in Nangoma Parliamentary Constituency will be operational once houses for the officers have been constructed.

Sir, the construction of Keezwa Police Post was completed in 2012 using the Constituency Development Fund (CDF). However, the project did not take into consideration the construction of houses. The absence of accommodation is what has caused the police post not to be operational.

I thank you, Sir.

CLEAN DRINKING WATER IN MWANDI DISTRICT

356. Dr Kaingu (Mwandi) asked the Minister of Local Government and Housing what measures had been put in place to ensure the provision of clean drinking water to Mwandi District, considering that most of the ground water in the area was salty.

The Minister of Local Government and Housing (Mrs Kabanshi): Mr Speaker, my ministry, through the Western Water and Sewerage Company, has constructed a new water supply and sanitation system which will be extracting and treating water from the Zambezi River. The district has also been provided with chlorine dosing equipment and portable laboratory equipment so that the quality of water extracted from the Zambezi River water source can be tested and treated. This is to ensure that it meets the set out standards and addresses the requirement of providing safe and clean drinking water to the community of Mwandi. The total cost of this project is K2,793,615. The facilities constructed comprise:

(a)    water treatment plant with pumps and filtration equipment;

(b)    water distribution network;

(c)    storage facilities; and

(d)    two water kiosks.

I thank you, Mr Speaker.

 SOLWEZI SCHOOL OF NURSING

357. Mr Mwanza (Solwezi West) asked the Minister of Health:

(a)    why the Solwezi School of Nursing in the North-Western Province did not offer training in registered nursing; and 

(b)    when the training of registered nurses in the province would be introduced.

The Minister of Health (Dr Kasonde): Mr Speaker, Solwezi School of Nursing in the North- Western Province commenced training registered nurses in July, 2013, with an intake of sixty-seven students. Previously, the school did not meet the standards for training registered nurses, as set by the General Nursing Council, until last year when it was re-assessed and given a go-ahead to recruit students.

Sir, the training of registered nurses in the province was introduced in July, 2013, at two schools, namely Mukinge and Solwezi schools of nursing with sixty-eight and sixty-seven students respectively.

 I thank you, Mr Speaker.

DAILY NATIONAL FUEL CONSUMPTION

358. Mr Ntundu (Gwembe) asked the Minister of Mines, Energy and Water Development:

(a)    what the daily national consumption of the following types of fuel was:

(i)    diesel

(ii)    petrol;

(iii)    Kerosene; and

(iv)    Jet-A-1; and

(b)    what the Government’s daily expenditure on each type of fuel was;

(c)    what the strategic reserve of the fuel at any given time was; and

(d)    which oil marketing company had the largest storage capacity in the country

The Minister of Mines, Energy and Water Development (Mr Yaluma): Mr Speaker, the daily national fuel consumption figures of fuel for the country are as follows:

Fuel Type    Amount Consumed
    (m3 tonnes)

    Diesel     2,200.0 
        Petro    1,200.0
        Kerosene     50.0
    Jet A 1    1174.6

The average daily expenditure by the Government is as follows:

    Fuel Type    Average daily expenditure
         (ZMW)
    
    Diesel    13,652,188.00
    
    Petrol    6,573,060.00
    
        Kerosene    289,356.50

Mr Speaker, we are currently at different stages in coming up with strategic reserves. Our strategic reserves vary at any given point. As at 31st January, 2014, they were as follows:

    Fuel Type     Strategic Reserve
        (days)

    Diesel    19 

    Petrol    10 

     Jet A 1     2 

Sir, the Government is also building bulk fuel storage depots to make more storage space available so that it can also be used for strategic reserves.

Mr Speaker, Puma Energy Plc has the largest storage capacity in the country.

 I thank you, Mr Speaker.{mospagebreak}

LABORATORY AND DIAGNOSTIC SERVICES DECENTRALISATION

359. Mr Miyutu (Kalabo Central) asked the Minister of Agriculture and Livestock:

(a)     when the Government would complete the decentralisation of the laboratory and diagnostic services to all the provinces of Zambia; and

(b)    what the estimated cost of the exercise was.
The Minister of Agriculture and Livestock (Mr Sichinga): Mr Speaker, I wish to inform the House that the decentralisation of the veterinary laboratory and diagnostic services to all the provinces of Zambia is expected to be completed by 2020.

Sir, the estimated cost of the exercise is as follows:

Item    Estimated Cost (ZMK)
    
Construction of laboratories (10)    37,000,000
    
Purchase and installation of equipment    23,000,000
    
Staff recruitment and development    60,000,000

Total    120,000,000

I thank you, Mr Speaker.

CITIZENSHIP OF ZAMBIAN-BORN PERSONS WITH PARENTS OF FOREIGN ORIGIN

360. Brig-Gen. Dr Chituwo (Mumbwa) asked the Minister of Home Affairs:

(a)    what qualified a person born in Zambia to parents from a foreign  country to acquire a Green National Registration Card;

(b)    what measures the Government had taken to assist such people in Lutale, Nalusanga and Chibolyo wards in Mumbwa Parliamentary Constituency; and

(c)    why the National Registration Office in Mumbwa District was understaffed.

Dr Simbyakula: Mr Speaker, I wish to inform the House that the eligibility of a person born in Zambia of foreign parents to acquire a Green National Registration Card depends on the law prevailing at the time of birth and the residential status of his/her parents.

Mr Speaker, in accordance with the Independence Order of 1964, all persons born in Zambia to foreign parents before 24th October, 1964 had claim to Zambian citizenship on condition that within one year of attaining the age of twenty-one, they renounced their parent’s nationality.

Sir, under the 1973 Constitution, children born in Zambia of an established resident, that is, holder of a resident permit, had claim to Zambian Citizenship, but were also required to renounce their parent’s nationality within one year of attaining the age of twenty-two.

Since 1st April, 1986, all persons born in Zambia of foreign parents have no claim to Zambian citizenship.

Mr Speaker, further, article 6 of the current Constitution, “any person who:

(a)    has attained the age of 21 years; and

(b)    has been ordinarily resident in Zambia for a continuous period of not less than 10 years immediately preceding that person’s application shall be entitled to apply to the citizenship board to be registered as a citizen of Zambia

Sir, the Government is currently conducting sensitisation programmes on citizenship matters within the said areas of Lutale Nalusanga and Chibolya wards in Mumbwa Parliamentary Constituency and other areas affected.

Mr Speaker, understaffing of the National Registration Office in Mumbwa is a result of transfers. However, the Government has approved a new structure to increase staffing levels countrywide from which the Mumbwa Office will also benefit.

 I thank you, Mr Speaker.

TIMES OF ZAMBIA AND ZAMBIA DAILY MAIL DIRECTORS AND DEPUTY DIRECTORS’S TERMINAL BENEFITS.

361. Mr Hamusonde asked the Minister of Information and Broadcasting when the Government would pay terminal benefits to the Directors and Deputy Directors of the Times of Zambia and Zambia Daily Mail whose employment was terminated after September, 2011.

The Minister of Information and Broadcasting (Mr Kapeya): Mr Speaker, with regard to the Times of Zambia, the former Managing Director, Mr John and his deputy, Mrs Miriam Zimba (whose official title was Deputy Editor-in-Chief) both left the Times of Zambia in October, 2011.

The mode of exit for the former managing Director was expiry of his fixed term contract of three years while his deputy opted for early retirement since she was a permanent and pensionable employee.

Mr Phiri’s contract commenced on 1st October, 2008 and expired on 31st October, 2011. Mrs Zimba served the company in various capacities from 1989 to 2011 and opted for early retirement after serving a total of twenty-two years.

The Times of Zambia has paid the former Managing Director a total of K450,000 as of 23rd January, 2014 while a balance of K98,536.22 is still outstanding. The former Deputy Editor-in-Chief has since been paid a total of K688,000 as of 23rd January, 2014, while a balance of K380,816.89  is still outstanding.

Mr Speaker, the Times of Zambia is doing everything possible to liquidate the debt owed to all the former staff that have retired from the company. However, due to the financial challenges the company is experiencing, this debt cannot be paid at once, hence the part payments that are being made to the officers.

Mr Speaker, with regard to the former Managing Director of Zambia Daily Mail Limited, Mr Evans Milimo, and his Deputy, Mr Davis Mataka, had their employment contracts terminated in October, 2011.

As of legal right, both of them were entitled to payment of their accrued gratuity and leave days less whatever they owed the company. These terminal benefits were paid to them in full in installments over an agreed period of time. Both of them were also allowed to purchase their personal-to-holder motor vehicles, in accordance with their conditions of service. However, their employment contracts had an addendum which stated that in the event of a termination arising at the company’s instance, they should “be paid loss of salaries and benefits for the remainder of the contract (un-served periods).”

Mr Speaker, the company has partly paid the remainder of their contracts, but has stopped in compliance with a board resolution after obtaining a legal opinion from the Attorney-General that it is illegal and unlawful to pay for the un-served period.

Sir, both former directors have taken their case to the High Court for determination. The Zambia Daily Mail, therefore, awaits the decision of the court regarding the matter.

Mr Speaker, I thank you.

HEALTH POSTS IN CHASEFU CONSTITUENCY

363. Mr I. Banda asked the Minister of Health:

(a)    when construction of health posts at the following places in Chasefu Parliamentary Constituency would commence:

(i)    Khulamayembe;

(ii)    Kamuzowole; and

(iii)    Boyole; and

(b)    how many health workers would be stationed at each health post upon completion of the construction.

The Minister of Health: Mr Speaker, the Government has planned to construct health posts at the named places in Chasefu Constituency.

Sir, the construction of these health posts will commence within the first quarter of 2014. The construction of these health posts will be part of the project to construct 650 health posts under the India Line of Credit. In January, 2014, the Ministry of Health received no objection to commence implementation of the contracts.

Mr Speaker, a typical health post is designed to have one polyvalent health worker at the facility. The Ministry of Health shall, thus, ensure that, at least, one health worker is stationed at the facility upon completion.

Mr Speaker, I thank you.

TIMBER AND RICE PROCESSING IN WESTERN PORVINCE

364. Mr Miyutu asked the Minister of Commerce, Trade and Industry when the Government would facilitate the setting up of the following industries in the Western Province:

(a)    timber processing plant; and

(b)    rice processing plant

The Minister of Commerce, Trade and Industry (Mr Chenda): Mr Speaker, the Government, through the Zambia Development Agency (ZDA), is promoting private sector investments in the Western Province for timber processing.

Sir, the ZDA has been collaborating with timber associations in facilitating a joint venture partnership with companies that are expressing interest in timber processing.

Further, through the Citizens Economic Empowerment Fund (CEEF), the Government has indentified timber as one of the products to be supported under the Value-Chain Cluster Development Programme. The development of the timber clusters will include the financing of timber processing plants. We are expecting to finance, at least, three processing plants in the province.

Mr Speaker, the Government is promoting investments in the Western Province for rice cultivation and processing. Through the ZDA, it is also facilitating, among others, the provision of information on investment opportunities for rice, joint venture partnerships, meetings and identification of areas for setting up processing plants. The targeted investment is in green field and/or joint venture partnership. In addition, rice is also one of the crops earmarked for support under the Value-Chain Cluster Development Programme. The support from the CEEC will include financing of rice processing plants.

I thank you, Mr Speaker.