Wednesday, 11th May, 2016

The House met at 0900 hours

[MR SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

___________

ANNOUNCEMENT BY MR SPEAKER

ACTING LEADER OF GOVERNMENT BUSINESS IN THE HOUSE

Mr Speaker: Hon. Members, I wish to inform the House that in the absence of Her Honour the Vice-President and Minister of Development Planning, who is attending to other equally important Government business, the hon. Minister of Works and Supply, and Government Chief Whip, Mr Yamfwa Mukanga, MP, has been appointed Acting Leader of Government Business in the House today, Wednesday, 11th May, 2016.

I thank you.

______________

MINISTERIAL STATEMENTS

WATER RESOURCES MANAGEMENT AND DEVELOPMENT

The Minister of Energy and Water Development (Ms Siliya): Mr Speaker, I thank you for giving me the opportunity to update the nation on what my ministry is doing with regard to water resources management and development in the country.

Mr Speaker, my ministry has the mandate to manage and develop water resources in the country. The main objectives of this mandate are to:

(a) develop and manage water resources in the country in an integrated and sustainable manner; and

(b) increase access to safe and reliable water so that it can play its role in the socio-economic development of the country.

Sir, access to clean drinking water and having adequate sanitation are the foundation for the fulfilment of basic needs, and contribute to the achievement of the millennium development goals (MDGs), now referred to as sustainable development goals (SDGs).

Sir, the United Nation’s (UN) SDG No. 6 is to ensure access to clean water and sanitation services. It is worth noting that in the Vision 2030, access to clean and safe water and sanitation facilities by all by 2030 resonates with the target under SDG No. 6.

Sir, as you are aware, the goals of the Vision 2030include:

(a) improving access to appropriate environmentally-friendly sanitation by all Zambians;

(b)  attaining 100 per cent access to clean water supply for all by 2030 and, at least, 90 per cent access to sanitation by 2030; and

(c) fully integrating and having sustainable water resource management.

Sir, the above-mentioned goals are well aligned to the objectives of the National Water Policy of 2010 which aims at optimally harnessing water resources for the efficient and sustainable utilisation of the natural resource in order to enhance economic productivity and reduce poverty.

Mr Speaker, the water sector is divided into two subsectors, namely Water Supply and Sanitation and Water Resources Management and Development. As the leader in the sector, my ministry is responsible for:

(a)  water resource development through the Department of Water Resources Development, formerly known as the Department of Water Affairs;

(b) water resource management which includes regulation, allocation and use of water through the Water Resource Management Authority (WARMA); and

(c) regulation of water supply and sanitation services through the National Water Supply and Sanitation Council (NWASCO).

Sir, the ministry prioritises the supply of water for domestic purposes. Hon. Members may wish to note that the Ministry of Local Government and Housing is responsible for the actual supply of the resource through the local authorities which, in turn, have established commercial utility companies. My ministry, through NWASCO, oversees the operations of the commercial utility companies in terms of access to water for domestic use from both ground and surface water.

Mr Speaker, NWASCO was established under the Water Supply and Sanitation Act No. 28 of 1997 to regulate the provision of water supply and sanitation services for efficiency and sustainability. It also has the mandate of informing the public on the performance of the sector. Currently, it regulates eleven water commercial utilities and six private schemes across the country.

Sir, according to the NWASCO Sector Report for 2015, the water and sanitation coverage levels are as follows:

 Area Water Coverage Sanitation Coverage
  (%)  (%)

 Rural 67 44

 Urban 83.5 61.4

 National 74 50.9

 MDG Target 74 42
 
Mr Speaker, based on the aforementioned statistics, it is evident that Zambia has met the MDG targets. However, we await to compare the results with the UN Joint Monitoring Programme mandated to monitor global indicators. My ministry is committed to meeting the new goals set under the UN SDGs and the Vision 2030.

Mr Speaker, while remarkable progress has been recorded in the water and sanitation coverage levels, I wish to bring to the attention of the House that the sector has encountered the following challenges:

(a) in the last two years or so, we have noticed a reduction in both underground and surface water levels. Service providers have not been able to abstract enough water even when power was available. Examples of areas mostly affected include Lusaka, Mwense, Kalomo, Nakonde, Chongwe, Nyimba, Chibombo, Serenje, Mumbwa, Mkushi, Gwembe and Katete;

(b) an increase in power outages due to load-shedding also caused by reduced water levels. As such, service providers were not able to supply enough water to customers, resulting in reduced hours of water supply. This had a consequential effect on the billing rate and also compromised the sustainability of both the commercial water utility companies and NWASCO;

(c) pollution of water courses, especially on the Copperbelt. This has increased the cost of water treatment and impacted adversely on water and sewerage tariffs;

(d) inadequate investment in infrastructure which is dilapidated and inadequate. This has resulted in non-revenue water, commonly known as water losses. Non-revenue water is treated water that is lost between the distribution in the network and the billing point. According to the 2015 NWASCO Revenue Report, this stood at 52 per cent. In monetary terms, the commercial water utility companies are losing K736 million per annum. The water losses are mainly through leakages and unauthorised connections.

(e) inadequate storage reservoir tanks, especially overhead tanks, to counter the effects of load-shedding; and

(f) unco-ordinated development planning, culminating in low service coverage.

Sir, to address the above-mentioned challenges, the following measures are being taken:

(a) NWASCO is working in collaboration with the Zambia Environmental Management Authority (ZEMA) and WARMA to help water utility companies with polluted water courses by ensuring that the polluters pay for their actions. However, prevention is better than cure. So, the ministry, WARMA and ZEMA have continued with the awareness programmes against pollution.

(b) to ensure co-ordinated planning in service provision, local authorities and water utility companies will soon sign a Memorandum of Understanding (MoU); and

(c) my ministry spearheaded the formation of the National Taskforce this year to address high levels of water losses. In addition, NWASCO has developed guidelines in all the areas of operation to address issues such as water losses and set tariffs to improve service delivery among water utility companies.

(d) the Ministry of Local Government and Housing has developed the National Urban and Rural Water and Sanitation Programme 2011 to 2030 to achieve the target for the Vision 2030. You may wish to note that the urban programme requires a minimum of US$4 billion for infrastructure investment which translates into US$200 million per year. This is prior to the establishment of the new districts which require piped water and sanitation services.

Mr Speaker, in order to improve water resources management, the Government established the WARMA by an Act of Parliament, ...

Interruptions

Mr Speaker: Order, on the left!

Ms Siliya: ... the Water Resource Management Act No. 21 of 11. My ministry, through WARMA, ensures efficient management and regulation of the abstraction and distribution of untreated water for social, environmental and economic needs. In fact, all the water utility companies, hydro-power companies, farming and commercial entities obtain water permits from WARMA. Under the Water Act, WARMA has power to vary or cancel water permits as factors like climate change and socio-economic interests may dictate.

Sir, you may wish to note that non-commercial water, including self-supplied domestic use, is exempted from the issuance of water permits.  This demonstrates the Government’s commitment to the provision of water resources to communities. To achieve this, the Water Resource Management Act has placed emphasis on an integrated approach to water resources management with full stakeholder involvement through the establishment of catchment councils and water user associations in each sub-catchment. Catchment councils comprise local representatives of various interest groups to superintend over water management in a particular catchment. On the other hand, a water user association is a group comprising all the water users in a given locality. These two decentralised water governance structures are expected to preside over local water conflicts as they may arise, among others, under the guidance of WARMA.

Mr Speaker, as hon. Members of the House may be aware, there have been outstanding conflicts on water use in areas such as Lusemfwa, Chalimbana, Kaleya and Kafue Flats sub-catchment areas where there is a higher demand for water than the available supply. A case in point is the protracted conflict between the farming community in Mkushi District and the hydro-electric producers downstream which has posed challenges for the agriculture and power generation sectors. It is gratifying to note that through the establishment of WARMA, there has been some improvement in the engagement with water users in the catchment areas to resolve the water conflicts. Under the Water Resource Management Authority Act, Zambia has been divided into six catchment areas, namely Zambezi, Luangwa, Chambeshi, Kafue, Luapula and Tanganyika for the purpose of managing water resources as opposed to managing them based on political boundaries which present challenges for downstream users. This approach will bring about equitable distribution of water resources. To implement the afore-mentioned, the delineation of the six catchment areas has been finalised, with the establishment of three catchment offices in Chambeshi, Kafue and Luangwa this year.

Sadly, Sir, my ministry has noted the impact of climate change and the El Niño phenomenon which has created challenges in the availability of water for social, environmental and economic needs, particularly in the 2015/2016 season which was projected to receive normal to below normal rainfall. It is for this reason that the ministry, through WARMA, has upgraded sixty-five gauging stations. It is hoped that this will improve the country’s data collection for better flood forecasting and planning. There has been further investment in information management for water resources through the establishment of an integrated resource management information system for improved data sharing among the key stakeholders who are involved in the management of water resources.

Mr Speaker, hon. Members of the House may wish to note that the key drivers of the economy, namely agriculture, tourism, mining and energy, among others, rely on rivers, dams and boreholes which are all dependent on secure and well-managed water resources. To this end, my ministry has embarked on an aggressive programme to address some of the challenges through the development of water sources to ensure water security and its availability through the expansion and construction of dams. The Government has already mobilised resources from the World Bank and the African Development Bank (ADB) to rehabilitate and construct new dams in many parts of the country, starting with Nakonde, Katete, Ndola (Kafulafuta), Choma and Kalomo in 2016. There are plans to construct nine dams and rehabilitate eight existing dams through budgetary support. We plan to drill ninety-nine and rehabilitate thirty-six boreholes in an effort to develop water facilities. The boreholes will complement those drilled by the Ministry of Local Government and Housing through the councils and are mostly used for water supply to social institutions and for ground water monitoring.

Interruptions

Mr Speaker: Order, on the right!

Ms Siliya: Sir, under the Zambia Water Resources Development Project funded by the World Bank, my ministry will design, at least, 100 small dams, construct twenty-two new small dams, rehabilitate twenty-two existing dams, upgrade twelve existing dams with auxiliary structures, develop a dam development investment master plan, rehabilitate three canals in the Western Province at Muoyowamo, Musiamo and Namitome in Mongu District and develop 300 exploratory boreholes between 2016 and 2018. 

Mr Speaker, to improve exploration and access to ground water, my ministry has procured four drilling rigs this year in addition to the six which were procured in 2014. The new drilling rigs will be made available to the water utility companies in order to drill boreholes to help solve the water problems.

Sir, although Zambia is endowed with sufficient water resources, its storage capacity is limited compared to that for our neighbouring countries. As such, massive investment in water infrastructure is required as stated earlier. This will ensure that drought-prone areas and other water reservoirs are sufficiently supplied with water in times of need.

I thank you, Sir.

Hon. Members: Hear, hear!

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

Mr Mooya (Moomba): Mr Speaker, the hon. Minister referred to massive investment in infrastructure. If I got her right, she said that US$200 million is needed every year for this. I wonder whether any consideration is being made to reduce this cost because I know that we can use either concrete or steel to put up water infrastructure. Steel is imported and is costly, but most of the concrete is locally manufactured. I would like to know what this figure the hon. Minster has given is based on. Is it based on the price of concrete or steel? Like I said earlier, I think we can cut down on the cost of the infrastructure. Is this figure based on the price of local or imported materials?

Ms Siliya: Mr Speaker, firstly, let me make a clarification. The figures that I was given are based on the Local Government National Urban and Rural Water and Sanitation Programme of 2011 to 2030 relating to investment in infrastructure for water supply and sanitation in the country.

Mr Speaker, working with our co-operating partners, the World Bank and the African Development Bank (ADB), and using budgetary support, it is estimated that we should spend, at least, US$200 million every year between 2011 and 2030 for us to achieve the Vision 2030 and sustainable development goal (SDG) No. 6 of water and sanitation for all. This includes all the infrastructure for water supply and sanitation.

I thank you, Sir.

Mr Speaker: Hon. Minister, from these estimates, are you able to say whether you will deploy steel or concrete?

Ms Siliya: Mr Speaker, this is a detailed programme in the Ministry of Local Government and Housing. Besides, water infrastructure varies. Whether it is steel or concrete that will be used, piping and cement will still be required. I might not have the actual details but, as far as the Ministries of Energy and Water Development and Local Government and Housing are concerned, if we are going to achieve SDG No. 6 of water and sanitation for all by 2030, our estimate is that we have to spend, at least, US$200 million a year on all water infrastructure, be it dams, piping or sanitation. The details of the procurement of steel or concrete, whether locally or imported, will be worked out by the Ministry of Local Government and Housing.

Mr Speaker, in 2011, it was envisaged that if we were to achieve SDG No. 6, a certain amount of money had to be spent on this programme. However, there could be reviews every five years as far as national development planning is concerned. This amount can be static at US$200 million or lower due to changes in cost, as  decisions have to be made on whether it is cheaper to buy the materials locally or import them. These details are for the Ministry of Local Government and Housing which is running the programme. However, if we are to achieve SDG No. 6 by 2030, the total working figure on infrastructure is US$ 200 million per year. 

Mr Speaker, I thank you.

Mr Muchima (Ikeleng’i): Mr Speaker, I listened carefully to the statement by the hon. Minister.

Mr Speaker, other than Lake Kariba, which is man-made, Zambia has big lakes, yet we are struggling to put up dams to sustain water reservoirs. Hon. Minister, do you not think that it is a good idea to utilise canals to connect all the water bodies like Angola has done? Do you not think that it would be cheaper and more sustainable?

Ms Siliya: Mr Speaker, currently, we are working with the World Bank to draw up a master plan. We feel that the old master plan of 1996, which was supported by the Japan International Co-operation Agency (JICA), needs review. We are working with the World Bank to look at the needs in relation to water infrastructure in the country in view of the Vision 2030 and the sustainable development goals (SDGs).

Mr Speaker, when I talk about water infrastructure, I talk about it in totality. We have to look at what else we need in order to meet the SDGs other than the cost that I have just talked about. We have to look at what kind of infrastructure we need. Consequently, the Water Department in the Ministry of Energy and Water Development and the World Bank are working hard to come up with a master plan that will include the siting of dams, digging of canals, fitting of pipes and how water should be drawn from places where there is plenty of it to places where it is in short supply. As a ministry, we hope that we can soon share the master plan on water infrastructure with the nation.
 
Mr Speaker, I thank you.

Mr Konga (Chavuma): Mr Speaker, it was envisaged in the Water Resource Management Act that in order to manage the underground water, drillers would first have to seek authority from the Water Resource Management Authority (WARMA).

Mr Speaker, we have seen that in most parts of the country, especially in Lusaka, people are drilling boreholes indiscriminately. This, will affect the water table and bring about diseases in the long run because some boreholes are drilled next to pit latrines. What is the Government doing to ensure that the law is complied with in this regard?

Ms Siliya: Mr Speaker, this is an important question. With the economic boom that the country has experienced in the last few years, we have seen that many people are involved in construction not just at commercial level, but also at household level. As such, boreholes are drilled everywhere without expert advice. There have been many instances of water being found beneath the foundation of some structure.

Under the Water Resource Management Authority (WARMA), all drilling companies have to be registered with the Engineering Institute of Zambia (EIZ), which will be monitored by WARMA in order to co-ordinate the drilling of boreholes. This will help us to drill boreholes in an organised manner, especially in cities like Lusaka and the Copperbelt. So, in future, we expect to see some order in the drilling of boreholes.

 I thank you, Sir.

Mr Pande (Kasempa): Mr Speaker, if I heard the hon. Minister correctly, she indicated that drilling rigs will be available for commercial use. How can they be accessed? If one is in Kasempa, how can he/she access the rigs and at what cost? Have you worked out the rates for hiring out the rigs?

Ms Siliya: Mr Speaker, as stated in my statement, the Ministry of Energy and Water Development is responsible for water resource management in the country. However, the actual supply and sanitation is under the Ministry of Local Government and Housing, through the councils.

As a ministry, our interest is to have some of the ten rigs that have been procured. As a ministry responsible for water resource management, we carry out a lot of research, monitoring and exploratory works. That is why we plan to drill 300 boreholes. However, we appreciate that some councils are financially incapacitated. So, we shall work with the local authorities to use the rigs on a commercial basis.

Sir, I do not have the rates for hiring the rigs at the moment. Interestingly, the cost for drilling boreholes varies. Usually, the Government is charged a higher cost for drilling a borehole than an individual or the private sector. This has brought about a lot of challenges for the Ministries of Energy and Water Development and Local Government and Housing. Officials from the two ministries are working on how to reduce the cost.

Hon. Government Members: Hear, hear!

Ms Siliya: The reason given for the high cost for the Government is that staff have to be paid transport allowance. However, there is a need to get value for money because, at the end of the day, it is the citizens who pay the cost. So, hopefully, my ministry and the Ministry of Local Government and Housing, which oversees the supply and sanitation sector, will ensure that a minimal but reflective cost is charged for hiring the rigs.

Mr Speaker, I thank you.

Mr Muntanga (Kalomo Central): Mr Speaker, I wish this statement had come much earlier instead of the last day of the Meeting.

Hon. Opposition Members: Hear, hear!

Mr Nkombo: Dissolution!

Mr Muntanga: Sir, water is a very important resource to me. For a long time, I have heard promises and grand plans relating to water. Hon. Minister, how sure are you that you are going to undertake the dam constructions that you are talking about in Kalomo? We have been waiting for the construction of a big dam, but nothing has happened to date. How sure are you that this programme will take off?

Ms Siliya: Mr Speaker, as hon. Minister of Energy and Water Development, I have a hands-on approach to issues. I have sat with my staff to look at the challenges we have been faced with in the past so as to do things differently. We have since realised that we needed to have bankable projects. That is what we have been doing with support from the World Bank. There is always a need, but this has not been matched with cost estimates. Sometimes, we are given money by our co-operating partners like the World Bank or the African Development Bank (ADB), but we fail to disburse it because we have not spent enough time to come up with the costing. These are the challenges the Ministry of Energy and Water Development has been faced with.

Sir, at the moment, the World Bank, working closely with the Department of Water Affairs, has bankable projects for districts, Kalomo inclusive. The projects have been advertised and I have been told that the procurement processes are over. This took quite some time due to some administrative challenges. However, it should be borne in mind that there was a change from the Department of Water Affairs to the Department of Water and the creation of the Water Resource Management Authority (WARMA). In the last two or three years, there were a lot of administrative hurdles in the Department of Water in my ministry. However, I believe that is now past.

Mr Speaker, I believe the hon. Member will have his dam in Kalomo because the administrative work has already been carried out. It would be unfair for the hon. Member not to get the dam when the money from the World Bank is available and the bankable document has already been worked on.

I thank you, Sir.

Mr Mumba (Mambilima): Mr Speaker, my question has been overtaken by events.

I thank you, Sir.

Mr Mtolo (Chipata Central): Mr Speaker, my concern is on the existing dams. It is good to have so much money invested in new dams. However, some of the existing dams seem to be abandoned. For example, there was a big dam in Petauke, which I am sure the hon. Minister is familiar with, that has since been buried and people have built properties on it. There are also five dams in Keembe that need attention. There is also a small dam in Chipata near the Roman Catholic Church, which has a lot of weeds and seems to be abandoned. What is being done about the existing dams?

Ms Siliya: Mr Speaker, if you recall, at one point, hon. Members were asked to submit potential dam sites and those that could be rehabilitated. I know that feasibility studies are being carried out for the rehabilitation of the dam at Kabele in Chipata.

Sir, this is a need-based programme. A number of hon. Members and stakeholders in the district submitted a list of dams that should be rehabilitated. The Permanent Secretary, Bishop Chomba, has been visiting all the dam sites ...

Interruptions

Mr Speaker: Order, on the left!

Ms Siliya: ... that need rehabilitation so that we can package them, conduct feasibility studies and carry out the works. In the past, we gave out money for dam construction, but it was badly done as it auxiliary infrastructure. Some of the works were so shoddy that the dams were washed away in one rainy season. We hope that we can have real value for the money from the World Bank. We should ensure that we find good contractors who will do a good job because these dams are important to us. So, rehabilitation works are essential.

I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, I thank the hon. Minister for updating us on the vision of the country in regard to water and sanitation.
Sir, the Ministry of Energy and Water Development procured six drilling rigs for six rural provinces. The Western Province was one of them. I witnessed the flagging off of the drilling rigs at the Ministry of Energy and Water Development. However, it was later discovered that the drilling rigs that were procured were a ‘one-size-fits-all’. So, they could not be used in the Western Province because of the sandy terrain. The hon. Minister at the time told me that they were going to give the Western Province a rig that was suitable for its terrain. However, nothing has been done to date. What happened to the drilling rig for the Western Province or its replacement?

Ms Siliya: Mr Speaker, we regret that incident. However, I am aware that six new drilling rigs have been procured this year. I do not have the details of whether one of the six was specifically procured for the Western Province. Nonetheless, staff from my ministry are here, particularly the Permanent Secretary, who is listening to the proceedings. I am sure we should be able to chart the way forward on getting a rig that is specific to the terrain in the Western Province. The situation is regrettable.

I thank you, Sir.

Mr Speaker: Hon. Members, I have also permitted the hon. Minister of Local Government and Housing to offer a ministerial statement.

Hon. Opposition Members: CDF!

DISBURSEMENT OF CONSTITUENCY DEVELOPMENT FUND AND STATUS OF SUSPENDED COUNCILS

The Minister of Local Government and Housing (Mr Kampyongo): Mr Speaker, thank you for giving me the opportunity to give a ministerial statement which is in two segments. The first segment of the statement is an update on the disbursement of Constituency Development Fund (CDF), while the second part is an update on the status of the suspended councils.

Sir, the Ministry of Local Government and Housing wishes to update the House on the disbursement of the 2016 CDF. The CDF is budgeted for by the Ministry of Local Government and Housing in the Annual National Budget appropriated by Parliament. The annual CDF allocation is budgeted in compliance with the ceiling which the Treasury provides in the co-circular issued at the time of the preparation of the National Budget.

Mr Speaker, notwithstanding the foregoing, in the past, the Treasury released the CDF to the Ministry of Local Government and Housing. In turn, the Ministry disbursed the CDF to the constituencies which had complied with the requirements, namely the submission of expenditure returns, indication of the accountability of the previous allocation and clearance of audit queries emanating from the Auditor-General’s Report. The ministry disbursed the CDF to each constituency in full. The CDF is disbursed to councils because they are the account holders for the CDF bank accounts for the 150 constituencies.

Mr Speaker, to enhance fiscal decentralisation in the CDF cycle, the fund is now directly disbursed to the bank accounts from the Ministry of Finance. The role of the Ministry of Local Government and Housing in the current dispensation is to engage the Treasury to disburse the CDF when the funds are made available and to monitor their utilisation.

Mr Speaker, in 2015, Parliament approved the 2016 National Budget. Among the appropriations was the amount of K210 million to be disbursed to all the 150 constituencies. Each constituency was to get K1,400,000. Following the approval of the allocation, the ministry scheduled the disbursement of the 2016 CDF between the first and third quarters of 2016. This information was shared with the Treasury for consideration.

Mr Speaker, the House may recall that the 2015 CDF was not disbursed because of the many economic challenges the country was faced with, …

Interruptions

Mr Livune: Question!

Mr Kampyongo: … among them was the low revenue inflow as a result of the low copper prices. The country has not fully diversified. It is still a monoculture economy that is dependent upon the tax revenues from copper. The economic challenges have not improved much during the first quarter of 2016. In a nutshell, this has affected the implementation of the 2016 National Budget. However, that does not mean that the release of the CDF is not among the major priorities of the Government. The unfortunate turn of events of the previous fiscal year still have a ripple effect on the economy which has also resulted in the 2016 CDF not being disbursed in the first quarter of the year. The Government is committed to releasing the 2016 CDF in the second quarter of this year.

Hon. UPND Members interrupted.

Mr Kampyongo: It will not help you in the elections.

Interruptions

Mr Speaker: Order!

Continue, hon. Minister.

Mr Kampyongo: Mr Speaker, …

Laughter

Mr Kampyongo: … the country is still experiencing a power deficit. Further, the importation of supplementary power has remained a huge drain on the Treasury. However, the priorities that were realigned in 2015 in view of the fiscal challenges are still being pursued. These include debt servicing, personal emoluments, the importation of emergency power, delivery of social services (health and education) and implementation of infrastructure contracts. The priorities cannot be changed as they remain the lifeline of the country.

Nonetheless, Mr Speaker, the Government has not overlooked the importance of disbursing the 2016 CDF to the constituencies. The Government is equally aware that the CDF is the lifeline of the citizens at community level because it is more localised and easily accessible. The disbursement of the 2016 CDF allocation to constituencies remains a priority of the Government in spite of the challenges that the nation has been faced with, particularly the fiscal space.

Mr Speaker, allow me to mention that no constituency has received the 2016 CDF. Like I have stated earlier, the disbursement of the CDF will commence in the second quarter of this year.

In conclusion, Sir, the Government’s position remains unequivocal that the 2016 CDF allocation will be considered for disbursement in a phased manner during the second quarter of this year despite the inadequacy of the fiscal space in the 2016 Budget, coupled with the fact that the country will conduct the Tripartite Elections in August, 2016 and that the importation of supplementary power will still continue.

Interruptions

Mr Kampyongo: That being the case, the Ministry of Finance has made an assurance that the resources have been mobilised and that the disbursement of the CDF will soon commence.

Sir, before I go to the second segment of my statement, I wish to seize this opportunity to apologise on behalf of my ministry for the breakdown in communication between my office and that of the Clerk of the National Assembly with regard to the CDF regulations which were provided on Monday. You will recall that during the last Meeting of the House, I presented the draft regulations from the stakeholders which were compiled by the ministry. The presentation was meant for the hon. Members of Parliament, through your Committee on Local Governance, Housing and Chiefs’ Affairs, to have an input in the document. I think there was a misunderstanding that the ministry was resubmitting the regulations. The position still remains the same and the regulations are here for the hon. Members of Parliament to make their input. If that was not properly communicated, once again, I apologise to the hon. Members of Parliament.

Mr Speaker, the second segment of my statement is an update on the status of the suspended city councils, namely Kitwe, Ndola and Livingstone.

Mr Speaker, as the House is aware, I revoked Section 88(1) of the Local Government Act, Chapter 281 of the Laws of Zambia …

Hon. UPND Members: Invoked!

Mr Kampyongo: Sorry, I meant invoked.

Laughter

Mr Speaker: Continue, hon. Minister.

Mr Kampyongo: Mr Speaker, I will repeat. As the House is aware, I invoked Section 88(1) of the Local Government Act, Chapter 281 of the Laws of Zambia, through Statutory Instruments (SIs) Nos. 4, 5 and 6 of 2016, published in the Government Gazette dated 22nd January, 2016, in which I suspended the Kitwe, Ndola and Livingstone city councils. This was done to pave way for investigations into the illegal land allocations perpetuated by some of the elected councillors and officers from the three councils.

Mr Speaker, the illegal land allocation resulted in members of the public losing confidence in the local authorities. The Government could not allow this to continue unabated. The three city councils were supposed to lead by example, through not only the conduct of councillors and officers, but also service delivery and adherence to laid-down procedures on land allocations.

Sir, as earlier reported, in accordance with Section 88(1)(a) of the Local Government Act, Chapter 281 of the Laws of Zambia, I appointed Mr Chazia Musukuma, Mr Charlton Hamulyata and Mr Crowd Nyirenda Local Government Administrators for Kitwe, Livingstone and Ndola city councils, respectively for the initial period of ninety days which ended on 23rd April, 2016.

Mr Speaker, I wish to inform the House that the three Local Government administrators performed their duties diligently. They covered a lot of ground on the issue of illegal land allocation with the help of some officers and members of the public.

Mr Speaker, in line with Section 89(1) of the Local Government Act, Cap. 281 of the Laws of Zambia, I have decided to extend the appointment of the three Local Government administrators for Livingstone, Kitwe and Ndola city councils for a further period of ninety days in the interest of the local administration.

 Hon. Government Members: Hear, hear!

 Mr Kampyongo: Sir, the extension of the suspension of the three city councils will also enable the law enforcement agencies to carry out further investigations into the illegal land allocation in the three cities.

Mr Speaker, while the suspension of Livingstone, Kitwe and Ndola city councils still remains in force, I wish to inform the House that I have lifted the ban on the land agency of Kitwe and Ndola city councils to enable the Local Government administrators to deal with genuine land transactions. I have already lifted the ban on the land agency for Livingstone City Council.

Sir, I wish to ‘retaliate’ that the Patriotic Front (PF) Government will not tolerate …

Laughter

Mr Speaker: Order!

You may continue, hon. Minister.

Mr Kampyongo: Mr Speaker, the PF Government will not tolerate any misconduct from either the councillors or council officials in the delivery of service.

 Hon. Government Members: Hear, hear!

Mr Kampyongo: Sir, it is this type of illegality and abuse office that has led to the poor performance of local authorities over the years. I wish to urge all the councils and council officials, without exemption, that the PF Government will not lapse over the fight of illegal land allocations. My ministry shall continue to take a firm stance against illegal land practices and under performance by officials.

 Mr Lubezhi: Hear, hear!

 Mr Kampyongo: Mr Speaker, to be forewarned is to be forearmed. Therefore, those involved in this vice must prepare themselves for the continued fight. There will be no sacred cows in the fight against vices …

Mr Livune: Question!

Mr Kampyongo: … such as corruption, abuse of …

 Laughter

Mr Speaker: Order!

Continue, hon. Minister.

Mr Kampyongo:  Mr Speaker, I am being distracted by some culprits.

 Hon. Government Members:  Tiye, iwe! Hammer!

 Mr Kampyongo: Sir, there will be no sacred cows in the fight against vices such as corruption, abuse of office, laziness or theft of public resources.

Sir, the suspension of Livingstone, Ndola, and Kitwe city councils must continue to serve as a lesson to all councillors and senior officials who are involved in the illegal allocation of land. My warning to them is that the long arm of the law will eventually catch them no matter how long it takes, especially that the law enforcement agencies have continued to remain on top of things.

Mr Speaker, I will continue to encourage all councillors and council officers to comply with the provisions of the law in regard to the running of the councils. My ministry will not condone any departure from the accepted norms, practices and procedures in the management of local authorities.

Sir, once again, let me warn all the officers from the councils that I will not condone any indiscipline of any kind whatsoever. The conduct of officers both at work and outside work should be exemplary, as it has a direct impact on the performance of the councils.

Mr Speaker, finally, let me take this opportunity to urge all the officers from the Livingstone, Ndola and Kitwe city councils to give the necessary support and co-operation to the local Government administrators in order to enable them to discharge the functions of the councils effectively and efficiently for the enhancement of service delivery to the residents. In the same vein, I wish to urge the local Government administrators to provide services to the best of their abilities and to the satisfaction of the Government and the people.

Sir, as I conclude, let me thank the residents in the respective districts for their co-operation and support to the local Government administrators and law enforcement agencies in putting a stop to the illegal allocation of land.

 Mr Speaker, I thank you.

 Hon. Members: Hear, hear!

 Mr Speaker: Order!

 Hon. Members are now free to ask questions on points of clarification on the statement given by the hon. Minister of Local Government and Housing. Where do I begin from?

Interruptions

Mr Speaker: That was a rhetorical question.

 Ms Namugala (Mafinga): Mr Speaker, I hope that the issue of the Constituency Development Fund (CDF) Guidelines that the hon. Minister referred to was part of his written statement.

Sir, there has been an attempt by officials from the Ministry of Local Government and Housing to exclude hon. Members of Parliament and councillors from the management of the CDF at constituency level, yet the fund was initiated by hon. Members of Parliament.

 Hon. Opposition Members: Hear, hear!

Ms Namugala: Mr Speaker, could the hon. Minister of Local Government and Housing give us his position and that of the Government on the CDF in relation to the involvement of hon. Members of Parliament who are the original ‘owners’ of the fund.

 Hon. Opposition Members: Hear, hear!

Mr Kampyongo: Mr Speaker, I wish to thank the hon. Member for Mafinga for the follow-up question.

Sir, as hon. Minister of Local Government and Housing, my role is not to give my opinion on the issue of the CDF guidelines. If the intention of my ministry was to come up with the regulations to in order to exclude hon. Members of Parliament, the draft regulations that were presented to the House could have come in the form of a statutory instrument. However, we appreciate that hon. Members of Parliament are key stakeholders of the CDF because they are the ones who initiated it.
 
Hon. Members: Hear, hear!

 Mr Kampyongo: Sir, the reason we brought the draft guidelines to this House was for hon. Members to have an input on how they wanted the fund to be managed, bearing in mind the Decentralisation Policy which is due for implementation and the amended Constitution. Therefore, we need to have a collective position, as hon. Members of Parliament, on how we feel the fund should be disbursed. Your Committee on Local Government, Housing and Chiefs’ Affairs should take centre stage in ensuring that we come up with acceptable guidelines. Of course, there are other stakeholders like non-governmental organisations (NGOs) who are interested in this matter.

Hon. Opposition Members: Awe!

 Interruptions

Mr Kampyongo: Sir, like I have stated, …

Interruptions

Mr Speaker: Order!

Let us have some order. I am mindful that this is an emotive issue. As I have repeatedly said, there is nothing that is closer to your hearts than this subject.

Hon. Members: Yes!

Mr Speaker: However, that should not be cause for disorderliness. I will give you all the opportunity to engage the hon. Minister, but you cannot do that whilst seated. That is not possible because there will be no order and communication. You have all the time to engage the hon. Minister until you make a satisfactory resolution.

Interruptions

Mr Speaker: Continue, hon. Minister.

Mr Kampyongo: Mr Speaker, like I was saying, although the CDF was initiated by the hon. Members of Parliament, it comes from the revenue basket …

Hon. Opposition Members: Hear, hear!
Mr Kampyongo: … of the State. Therefore, we must ensure that its disbursement is as transparent as possible.

In conclusion, hon. Members should have a collective position on the CDF Guidelines in line with the Decentralisation Policy.

Mr Speaker, I thank you.

Mr Chishimba (Kamfinsa): Mr Speaker, in the past three months, the hon. Minister’s ministry and the investigative wings of the Government have been carrying out investigations on illegal land transactions. Now that he has lifted the ban on land transactions in Kitwe and Ndola, I would like to find out whether those who have not committed any offence will continue to suffer for the sins of others. Why can he not give a comprehensive report on those who should be persecuted and lift the suspension of those who did not participate in the illegal allocation of land?

Mr Kampyongo: Mr Speaker, if the hon. Member followed my statement when I was talking about the lifting of the ban on the land agency, I emphasised that the ban is only meant to facilitate transactions that the administrators of the councils feel are genuine. The citizens still need the services of the councils.

Sir, I totally agree with the hon. Member that not everybody was involved in the illegalities. Some councillors have not been cited in the investigations. So, I sympathise with those who are innocent. However, the provisions of the law are clear on such kinds of situations. The investigations will exonerate those who are not involved and they will not lose their seats as councillors. This is a lesson to councils and councillors who are innocent because they did not allow the bad elements to continue committing the illegalities. The issues could have been dealt with in the councils. The culprits should have been suspended from the councils when their illegal activities came to light. Those who are innocent cannot say that they were not aware of what was going on because the members of the public complained openly about the illegal activities.

I thank you, Mr Speaker.

Mr Antonio (Kaoma Central): Mr Speaker, the hon. Minister talked about the disbursement of the 2016 Constituency Development Fund (CDF). Kaoma Central Constituency did not receive the CDF allocation for 2014 and 2015. Why is this Patriotic Front (PF) Government depriving the people of Kaoma their share of the national cake?

Hon. UPND Members: Hear, hear!

Mr Kampyongo: Mr Speaker, I am surprised that the hon. Member had to wait for this statement to bring that issue to the attention of the ministry. I do not think there is any other hon. Member who has not received the CDF allocations for 2014 and 2015.

Interruptions
Mr Kampyongo: Sir, the CDF which has not been disbursed is for 2016. So, I am surprised that the hon. Member had to wait for this statement to bring to the attention of the ministry the non-receipt of the CDF allocation for 2014. If that is the case, we shall see how we can resolve that matter with the council.

I thank you, Mr Speaker.

Mr Kasonso (Solwezi West): Mr Speaker, the hon. Minister stated that the Constituency Development Fund (CDF) for 2016 will be disbursed in phases. The information that is in circulation is that some councils have actually received the CDF for this year. Could the hon. Minister indicate when the list for the disbursement of the CDF will be availed to hon. Members of Parliament.

Interruptions

Mr Kampyongo: Mr Speaker, hon. Members of Parliament should not base their statements on rumours. I clearly stated that no constituency has received the CDF for 2016. If the hon. Member has evidence of some constituency having received its CDF allocation for 2016, I would have loved him to state so.

Hon. Government Members: Yes!

Mr Kampyongo: However, I wish to state that it is unfortunate that the hon. Members will have to get the list from the councils, as this is the last day of this Parliament.

Interruptions

Hon. Opposition Members: How?

Mr Kampyongo: We shall make the information public.

Mr Speaker: Hon. Minister, do not be distracted. Be focused.

Mr Kampyongo: Mr Speaker, there is no constituency which has received the CDF for this year. The information will be made public as we start disbursing the CDF for this quarter of the year. Unfortunately, I will not come back to this House with that information.

I thank you, Sir.

Mr Speaker: Of course, nobody will come back.

Laughter

Mr Speaker: It is not possible. We are finishing our business today at whatever hour.

Interruptions
Bishop Lt-Gen. Shikapwasha (Keembe): Mr Speaker, the House is rising sine die today. Hon. Members know that the Constituency Development Fund (CDF) was specifically meant for development in the constituencies. However, the hon. Minister is now saying that the CDF will be disbursed quarterly to the councils, yet it is not meant for the councils. If the CDF is disbursed to the councils before the new Parliament, they are going to abuse it.

Hon. Opposition Members: Hear, hear!

Bishop Lt-Gen. Shikapwasha: How are you going to keep the money safely before the next Parliament?

Hon. Opposition Members: Hear, hear!

Mr Kampyongo: Mr Speaker, I wish to make it clear that the disbursement of the CDF will not be tied to electioneering.

Mrs Mwanakatwe: Correct!

Mr Kampyongo: It is a budgeted for expenditure. The old guidelines are clear. So, no council will lay its hands on the CDF without following procedure.

In any case, Sir, the expenditure of the CDF …

Mrs Mwanakatwe: Ema Minister, aya!

Hon. Government Members: Hear, hear!

Mr Kampyongo: … is always approved by the ministry. So, hon. Member for Keembe, rest assured that this money will not be abused because no one will be allowed to do so.

I thank you, Mr Speaker.

Ms Imenda (Luena): Mr Speaker, my question is on the issue of illegal land allocations which the hon. Minister has lifted the ban on. Hon. Minister, you invoked the power …
 
Mr Pande: To revoke!

Ms Imenda: … at that time because you noticed that there were some illegalities. Now that you have revoked the suspension of the councils, have you also dealt with the issue of illegal land allocations so that people can start afresh and apply for land legally?

Mr Kampyongo: Mr Speaker, from the outset, I wish to make it clear that I have not lifted the suspensions of the councils. I have only lifted the ban on land allocation by the councils so that the administrators can facilitate genuine and legitimate land transactions. The councils still remain suspended as I earlier stated.

I thank you, Sir.

Dr Musokotwane (Liuwa): Mr Speaker, I am happy that the hon. Minister has recognised the importance of the CDF in rural development because it reaches deep into the remotest places. However, he has stated that no constituency in Zambia has received the CDF allocation for 2015 because the Government has no money. At the same time, we are aware that the Government has borrowed large sums of money from abroad to invest in projects some of which, in my view, are not critical. For example, the construction of Ndola International Airport where there is already an airport is not necessary. Would you, therefore, agree with me that you did not disburse the 2015 CDF not because there was no money, as you had the option to borrow like you have done for other projects, but simply because your Government is not committed to meeting the needs of the rural areas.

Hon. Opposition Members: Hear, hear!

Mr Kampyongo: Mr Speaker, I thank Hon. Dr Musokotwane for that follow-up question. However, I disagree with him when he says that the Government is not committed to developing the rural areas.

Sir, Hon. Dr Musokotwane knows very well that when a year elapses, there is no carry over expenditure. He also knows that the CDF is meant for certain developmental programmes at community level. As Member of Parliament who is also a beneficiary of the CDF, I would have liked to have the CDF disbursed in 2015. However, that is no reason to say that the Government prioritised other projects like the construction of the Ndola International Airport that the hon. Member has referred to. The construction of the Ndola International Airport has a totally different funding structure.

Mrs Mwanakatwe: Correct!

Mr Kampyongo: Sir, I am surprised that a well-informed Member like Hon. Dr Musokotwane would link the two projects when he knows how revenue is collected and disbursed. So, it is not right to say that the Government has not prioritised the development of rural areas. To the contrary, the Government has taken development to areas that have had no development for many years.

Hon. Government Members: Hear, hear!

Mr Kampyongo: The Government has tried to open up the rural areas. It has taken road infrastructure to the remotest parts of this nation. This is there for everyone to see.

Interruptions

Hon. Opposition Members: Question!

Hon. Government Members: Hear, hear! Bwekeshapo!
 Mr Kampyongo: You have been glorifying the Government for connecting Kalabo to Mongu, which was a pipe dream.

Hon. Government Members: Hear, hear!

Mr Kampyongo: So, let us be genuine and fair to one another because the Government is committed to serving the nation at all levels.

Mr Speaker, I thank you.

Hon. Government Members: Hear, hear!

Interruptions

Mr Speaker: Order!

Mr Mweetwa (Choma Central): Mr Speaker, I wish to thank you for giving me the opportunity to pose a question to the hon. Minister of Local Government and Housing.

Interruptions

Mr Speaker: Order!

Mr Mweetwa: Sir, as a representative of the people of Choma Central, allow me to seize this opportunity to put on record my displeasure that under the Patriotic Front (PF) Administration …

Mr Speaker: Hon. Member of Parliament for Choma Central, may you take your seat.

Laughter

Mr Speaker: Hon. Members, I would like to remind you about what we are doing at the moment. The hon. Minister of Local Government and Housing issued a ministerial statement, after which I invited questions on points of clarification. So, I would like to remind those who will take the Floor after the hon. Member of Parliament for Choma Central to bear that in mind. However, if you want to place certain matters on record, there are many other avenues for this. Unfortunately, they do not include this particular occasion.

Hon. Opposition Member: What about filing in a question?

Mr Speaker: There is no need of filing in questions today.

Laughter

Mr Speaker: Who is going to process them?

Laughter
Mr Speaker: To be responded to when?

Laughter

Mr Speaker: So, let us focus on points of clarification. Go straight to points of clarification.

You may continue, please.

Mr Mweetwa: I am most obliged, Mr Speaker.

Hon. Minister, thank you for your statement. As you were talking about the disbursement of the Constituency Development Fund (CDF), which you have failed to do in the last two years and, given that this is the last day of the Meetting before the dissolution of Parliament, I expected you to inform the House the state and status of Techmiya Commercials Limited in respect of the CDF through which many councils were swindled a lot of money. I was hoping that you would inform the House that the Government is pursuing this matter. However, you have not said anything about that despite this being the last day of the Meetting.

Sir, the voters are asking us what the status regarding this matter is. Why is the Government silent on this matter?  We would like to know what to go and tell the people when Parliament is dissolved.

Further, I am disappointed that your fellow Minister, Hon. Kambwili, can jeer at you when you are on the Floor of the House.

Laughter

Mr Kampyongo: Mr Speaker, I thank the hon. Member for that follow-up question. Indeed, the challenges that led to the non-disbursement of the 2015 CDF are there for everyone to see. Let us not pretend. 2015 was a difficult year. We had a Presidential By-election, which was not budgeted for, and we cannot ignore the huge expenditure that the country incurred in that election. So, let us not start politicking for the purpose of gaining political mileage out of an issue that is straight forward.

Sir, coming to the issue of Techmiya Commercials Limited, which is a company that is believed to be based in the United Kingdom (UK), let me say that the company entered into some procurement contracts with individual councils to supply, ...

Mr Livune interjected.

Mr Speaker: Order, hon. Member for Katombola.

Mrs Mwanakatwe: Send him out.

Mr Speaker: I want everybody to complete this day inside the House.

Laughter

Mr Speaker: Hon. Minister, you may continue.

Mr Kampyongo: Mr Speaker, I was talking about Techmiya Commercials Limited which is a UK-based company. I was saying that individual councils entered into some contractual obligations with the company to supply earthmoving equipment. Some councils that structured their contracts properly and secured them have since received their equipment from the company. Shiwang’andu and a few other councils received the equipment. I have been waiting for the councils that have not received the equipment to say something. I wish to see how they structured their contracts. If some councils have received their equipment, what happened to the equipment for councils that have not received it? What sort of contracts did they go into with this company? That is the information that is required for the ministry to pursue this matter. So, I should be asking the hon. Member, whose council ...

Hon. Government Members: Hear, hear!

Mr Kampyongo: ... is one of those that paid for the equipment, but have not received it for that information in order to assist the councils. The contracts were not between the company in question and the ministry, but between the company and the individual councils. So, we need more information on the contracts. We need to know if there are some ‘chaps’ who benefitted from this transaction so that we can help the councils.

Hon. Government Members: Hear, hear!

Mr Speaker: Order!

Hon. Minister, the word “chaps” is unparliamentary.

Mr Kampyongo: Mr Speaker, I am sorry. I withdraw the word “chaps”. If there are some officials, either from the councils or at a higher level, ...

Mr Mumba: Even here.

Mr Kampyongo: ... who could have benefitted from this transaction, which resulted in the non-performance of the councils, they must be made to account for that. There must be a reason for the suppliers failing to honour their obligation to supply the equipment. The ministry is ready to help the councils pursue the matter to its conclusion. That was taxpayers’ money used in the contracts.

I thank you, Sir.

Mr Muchima (Ikeleng’i): Mr Speaker, the Constituency Development Fund (CDF) is the only money that has helped develop the rural parts of the country. I would like the hon. Minister to confirm that the CDF for 2015 will not be disbursed. I would also like him to confirm that the Government will play the same game in 2016. He has indicated that the Government will release the CDF quarterly. How sure is he that all the councils will receive the CDF for 2016 by the end of this year?

Mr Kampyongo: Mr Speaker, I thank the hon. Member of Parliament for Ikeleng’i for that follow-up question. There have been no games played in the disbursement of the CDF. The information that I have given this House both today and in the past is valid. I still stand here on terra firma and state that the funds will be disbursed. If you will be privileged to come back to this House and partake in the expenditure, I wish you all the best. The funds will be disbursed and released to the councils.

Mr Speaker, I thank you.

Mr Belemu (Mbabala): Mr Speaker, the hon. Minister attributed the non-disbursement of the Constituency Development Fund (CDF) for 2015 and the late disbursement to fiscal challenges. On the other hand, we are aware that the President has created the Market Fund whose guidelines for disbursement are not clear. Similarly, the First Lady, Mrs Lungu, is going round the country giving out money.

Mr Speaker: Order!

Hon. Member for Mbabala, I think that it is inappropriate to draw Mrs Lungu into your debate. Unless you are able to substantiate ...

Hon. UPND Members: Yes.

Mr Speaker: Order!

This is directed at the hon. Member for Mbabala. My advice is that you should concentrate on issues that are in our fiscal plans. That is what honour demands.

You may continue.

Mr Belemu: Mr Speaker, in the midst of what the hon. Minister has referred to as fiscal challenges, monies are being disbursed for projects that are similar to those that would qualify to be funded from the CDF. Would it not have been prudent to channel the funds through the CDF that benefits all communities. Does the justification that the CDF for 2015 was not disbursed because of the fiscal challenges still hold water when other funds are being disbursed?

Hon. UPND Members: Hear, hear!

Mr Kampyongo: Mr Speaker, I thank the hon. Member for that question. I know how emotive this issue is. I know that hon. Members of Parliament would have loved to have this Fund way before the elections for obvious reasons. However, let us not raise issues that we cannot substantiate.

Mr Speaker: Order!
If you are referring to my ruling, please, keep away because I have already dealt with that matter.

Mr Kampyongo: Mr Speaker, what I am saying is that I have made it clear how the funds will be disbursed. I wish the hon. Member well so that he can partake in the expenditure of the funds that will be released in the next quarter of this year.

I thank you, Sir.

Mr Hamudulu (Siavonga): Mr Speaker, I have a question on each of the two statements that the hon. Minister has made. He talked about the Constituency Development Fund (CDF) and suspension of councils. Am I allowed to ask two questions, Sir?

Mr Speaker: Well, I will give you that liberty.

Mr Hamudulu: Thank you, Sir.

Mr Speaker, firstly, councils are institutions of the Government under the Ministry of Local Government and Housing. However, the ministry is passing the buck to the councils regarding the issue of Techmiya Commercials Limited. The Ministry of Local Government and Housing has taken care of the issue of erring councillors and council officials. However, in this case, what has it done to ensure that the money, which was paid to Techmiya Commercials Limited, is returned to the Government coffers?

Sir, the hon. Minister mentioned in his statement that the erring council officers included both councillors and council officials. Is he able to share with the House the number of council officials who were involved in all the councils that were suspended?

Mr Kampyongo: Mr Speaker, I thank you for giving the hon. Member the liberty to seek clarification on the two matters. With regard to the issue of Techmiya Commercial Limited, we are not passing the buck to the councils. This is a matter that has been cited in the Auditor-General’s Report. As the hon. Member may wish to know, this company is not domiciled in Zambia. So, there are a number of issues that need to be addressed. Like I said earlier, the councils also need to make their case because they are the ones that signed the contracts. The ministry does not micromanage the councils.

Mr Hamudulu interjected.

Mr Speaker: Order!

Mr Kampyongo: We facilitate the …

Mr Speaker: Just a moment, hon. Minister. I am here following the debates, and I have a job to do. So, do not do it for me.

Mr Kampyongo: Mr Speaker, this is a matter which is under serious investigations. Like I have said, it is a matter that has been appearing in the Auditor-General’s Report. We hope that with the co-operation of the councils involved, we can deal with this matter expeditiously because we are not happy that funds were paid and the equipment has not been delivered. The people in the affected constituencies are looking forward to receiving the equipment. So, we have not sat back and passed the buck to the councils. Instead, we are requesting the councils to be forthcoming and to avail us the necessary information so that we can engage the relevant agencies such as the Zambia Police Force and International Police (Interpol).

With regard to the issue of the suspension of councils, it is difficult for me to state the number of officers involved because the investigations are still ongoing. We should know the total number of culprits when the investigations have been concluded. However, I wish to mention that some people are already appearing in the courts of law. A few of them have been convicted. The total number of people who are involved will be given at an appropriate time.

I thank you, Sir.

Mr Speaker: Hon. Minister, you have not answered the first question. You have simply requested councils to supply you with information. That is one side of the equation. Assuming that they do not supply you with information, what steps has your ministry taken to resolve this issue?

Hon. Opposition Members: Hear, hear!

Mr Kampyongo: Mr Speaker, hon. Members did not have to wait for this statement in order to seek clarification because this issue has been pending for a long time. They should have made an effort to engage us. Nonetheless, I will take it up with the Permanent Secretary (PS) in my ministry who is here …

Mr Speaker: Order!

Business was suspended from 1045 hours until 1100 hours.

 [MR SPEAKER in the Chair]

Mr Kampyongo: Mr Speaker, before business was suspended, you had requested me to clarify the issue of the measures that have been put in place to resolve the issue of Techmiya Commercials Limited. I wish to inform the hon. Members that we have made a lot of progress on this issue. A team of officers from the Interpol has been constituted and will be travelling to the United Kingdom (UK) to pursue this matter. I am sure we shall see some logical conclusion to this protracted matter very soon.

I thank you, Sir.

Mr Miyutu (Kalabo Central): When the Patriotic Front (PF) came into power in 2011, the Constituency Development Fund (CDF) Programme had already being implemented. More than ten years after the introduction of the CDF, we are faced with a situation where it is not being disbursed to the constituencies. Worse still, the Government has decided to remove two major stakeholders, namely ward councillors and hon. Members of Parliament from the management process of the fund. I would like to find out from the hon. Minister who is going to play the roles that the two major stakeholders were playing?

Mr Kampyongo: Mr Speaker, at the expense of repeating myself, let me say that the draft regulations on the use of the CDF are already here at Parliament waiting for our input. No one has been removed from the implementation process of the fund. The draft regulations propose certain new measures. This is the reason I have emphasised the need for this House to make an input with the Decentralisation Policy in mind so that we come up with regulations that will be acceptable to all the stakeholders, including hon. Members of Parliament who are the key stakeholders.

Mr Speaker, I thank you.

Mr Livune (Katombola): Mr Speaker, my predicament is similar to that of the hon. Member for Siavonga. I have a question for each ministerial statement that has been presented.

Sir, the first one relates to the extension of the suspension of councils. I thought that all the councils and Parliament would be dissolved with effect from midnight. So, which councils is he referring to as having remained suspended when we know that councils countrywide will be dissolved with effect from midnight?

Mr Speaker, the second question is in regard to the Constituency Development Fund (CDF). On this one, it is either the hon. Minister is with all of us, hon. Members, or against us. Will his ministry cry foul when we transfer this function to the office of the hon. Member of Parliament.

Mr Nkombo: Hear, hear!

Mr Kampyongo: Mr Speaker, if the hon. Member of Parliament had followed my statement, he would have learnt that the suspensions that were slapped on the councils came to an end on 23rd.  From then to date, ...

Mr Speaker: It is 23rd, but of which month?

Mr Kampyongo: Mr Speaker, it is 23rd April, 2016. So, whether the councils are dissolved today, tomorrow or the other day, there was a requirement for us to follow the law and ensure that there was no vacuum because the administrators had performed functions which needed to be validated.

Mr Speaker, I am surprised that the hon. Member would ask me whether I am with the hon. Members or against them.

Laughter

Mr Kampyongo: I am Member of Parliament overseeing a constituency. I emphasised how beneficial the CDF has been to me and the people of Shiwang’andu Constituency. So, there is no question of whether or not I am with the hon. Members. However, I am saying that we should collectively agree on the regulations. So, if his proposal is agreed upon unanimously, that is the route we shall take.

Mr Livune: Hear, hear!

Mr Speaker: That is exceptional.

Laughter

Mr Kampyongo: However, he also does have all the knowledge.

Laughter

Mr Kampyongo: He must acknowledge that everyone here has feelings and suggestions that should be taken into account in coming up with a common position.

Mr Speaker, I thank you.

Mr L. J. Ngoma (Sinda): Mr Speaker, for some of us, the Constituency Development Fund (CDF) is equal to development. However, the draft guidelines have sparked a lot of objections, especially from hon. Members of Parliament who are originators of the idea of the CDF. May the hon. Minister assure this House as Parliament is dissolved today, that the 1996 CDF Guidelines will not be tampered with until after 11th August, 2016, to allow for progressive consultations after this date? By that time, we will have a new Parliament and a new Government in place.

Mr Livune: Hear, hear!

Mr Kampyongo: Mr Speaker, I will repeat that the Draft CDF Regulations are at Parliament which is an institution. So, whether or not my colleague comes back, the document will be here for those will come after the elections to work on.

That is the assurance, Sir.

Mr Speaker, I thank you.

Mr Konga (Chavuma): Mr Speaker, can the hon. Minister shed more light on the restoration of the land agencies to the councils that he mentioned in his statement.

The Lusaka City Council (LCC) had its land agency restored a few years back. That notwithstanding, the LCC is illegally allocating plots on road reserves. Should that not be reason to, maybe, withdraw its land agency?

Mr Kampyongo: Mr Speaker, I thank the hon. Member for Chavuma for that important observation. There are a number of issues relating to this that have been brought to our attention. In this vein, I wish to commend the task force that is chaired by Hon. Col. Panji Kaunda and which looks at issues of land illegalities at the LCC. I must say that it has been proactive. When we have received complaints, it has intervened swiftly. So, the status quo shall be maintained until it is deemed necessary to change. If the situation gets out of hand, we may consider the option of suspending the land agency. We shall work out how to manage the issues of land allocation amicably.

So, the hon. Member’s concern is valid. We ensure that we follow up complaints as we receive them.

Mr Speaker, I thank you.

Mr Mutelo: Mr Speaker, the hon. Minister stated that the Constituency Development Fund (CDF) for 2016 shall be disbursed in phases. I would like him to clarify how many phases there will be and whether Mitete or Lukulu West will be in the first phase.

Mr Kampyongo: Mr Speaker, it is very difficult for me to state which phase Mitete will fall in because the recommendations to the hon. Minister of Finance have been made in such a way that councils that submitted their returns early are profiled first. Councils that forwarded their returns of expenditure and clearance are given priority. So, it is difficult for me to say which phase Mitete will be in. However, if its returns were forwarded early, it may be in the first phase. The council will certainly know what phase Mitete will be in once the disbursements start. We have profiled the councils and disbursements in such a way that the first one in is the first out.

Mr Speaker, I thank you.

Ms Imenda: Question!

Mr Mufalali (Senanga Central):  Mr Speaker, in his argument, the hon. Minister said that the new guidelines have been drawn because the old ones are not in tandem with the Decentralisation Policy. I think the Constituency Development Fund (CDF) is part of decentralisation, as it is meant for the grassroots. Now that hon. Members of Parliament will no longer sit in council meetings, can the hon. Minister give me one item in the old guidelines that is contrary to the Decentralisation Policy?

Mr Kampyongo: Mr Speaker, it is important for our colleagues to pay attention when we are giving responses. I have belaboured this point several times. Therefore, it is very unfair for my hon. Colleague to say that I am arguing because I am not.

Mr Speaker: Order!

In fact, I was concerned by his choice of words.

Mr Kampyongo: Mr Speaker, yes, that was not fair at all.
Sir, I am merely making clarifications. For the sake of the hon. Member, in case his mind was outside whilst his body was here, let me clarify that as hon. Minister of Local Government and Housing, I am not supposed to come up with the new regulations. I have stated that it is either the ...

Mr Mufalali: Do not tell me that I am outside when I am here.

Mr Speaker: Order!

Hon. Minister, this session of Parliament is about to close and I know that it has been a long winding session. However, continue debating objectively. Understandably, it is quite taxing, but continue doing so objectively.

You may continue, hon. Minister.

Mr Kampyongo: Mr Speaker, thank you. I certainly remain indebted to you for your continuous guidance.

Sir, I did not mean to upset my colleague when I said that he could have missed the point that I made earlier. All I am saying is that it is our collective responsibility to ensure that we come up with regulations that are acceptable to the stakeholders, more so the hon. Members of Parliament who generated the idea of the Constituency Development Fund (CDF).

Hon. Government Members: Hear, hear!

Mr Kampyongo: That is the point I am emphasising. It is not up to me to come up with the guidelines. If it were up to me, I would have come up with a statutory instrument (SI). However, I have brought the draft guidelines here for the hon. Members of Parliament to make their input. 

I thank you, Sir.

Mr Sing’ombe (Dundumwezi): Mr Speaker, what serious challenges has the ministry been faced with in the current Constituency Development Fund (CDF) guidelines which have prompted the ministry to come up with new ones?

Mr Kampyongo: Mr Speaker, the response to the question by my colleague, the hon. Member of Parliament for Senanga Central, also applies here.

I thank you, Sir.

Mr Muntanga (Kalomo Central): Mr Speaker, the hon. Minister said that the suspension of the three councils has expired. However, he has put it back. This means that the councils will remain suspended for another ninety days. The councils are going to be dissolved today and there will be new councils in the next two months. How sure is the hon. Minister that the suspension will serve its intended purpose when there will soon be new councils?

Sir, the hon. Minister brought the new Constituency Development Fund (CDF) guidelines to this House and the hon. Members rejected them. He brought the new guidelines to the Amphitheatre of the National Assembly and the hon. Members still rejected them. He is now saying that the new guidelines are here at Parliament.

Interruptions

Mr Speaker: Order!

Mr Muntanga: Mr Speaker, I would like to find out how the hon. Minister has presented the new guidelines to Parliament. He also talked about your Committee on Local Governance, Housing and Chiefs’ Affairs. However, I wonder whether he has presented a report to your Committee on Local Governance, Housing and Chiefs Affairs’ concerning this matter. I know that there will be no Committee in place until after the next elections. What has the hon. Minister done to ensure that the input of the hon. Members is included in the new CDF guidelines?

Mr Kampyongo: Mr Speaker, the expiry date for the initial suspension was 23rd April, 2016. Prior to that, we got some recommendations from the various councils. Based on the recommendations, we started the process of extending the suspension so that there would be no vacuum like I stated earlier. Today, I am just updating the House on this issue. It does not mean that the extension of the suspension will take effect today. We made sure that from 23rd April, all the necessary Statutory Instruments (SIs) to effect the extension of the suspension were worked on. So, my statement today is just an update on the status quo. So, there has been no vacuum whatsoever.

Sir, with regard to the issue of the CDF, the hon. Member recalls that I presented the draft guidelines from the ministry on the Floor of the House. During the presentation, I stated that the draft was meant for hon. Members to have an input in the guidelines. I apologised for the communication breakdown yesterday because of the dilemma we have found ourselves in. Yesterday, it seemed as though the ministry officials had come back to make the same presentation when they had come to listen to the input of the hon. Members of Parliament on the draft CDF guidelines. That was the dilemma I apologised for. We should have made this easier by having hon. Members make their input to the draft CDF guidelines through your Committee. The hon. Members would have invited the ministry to come and hear their input in the new CDF guidelines. There is still a need to look at the draft CDF guidelines so that we come up with a consolidated procedure which will be acceptable to all. It will then be given to the Ministry of Local Government and Housing for implementation. I think that is where we are at the moment.

I thank you, Sir.

Mr Habeenzu (Chikankata): Mr Speaker, Chikankata is one of the districts that have not received the Constituency Development Fund (CDF) for 2014. Can the hon. Minister state why the CDF for 2014 for Chikankata District has not been disbursed.

Mr Kampyongo: Mr Speaker, I sympathise with the hon. Member and the people of Chikankata if they have not received the CDF for 2014. However, it would have been more helpful if the hon. Member of Parliament had found time to engage the ministry. We could have followed up his case. It is very difficult for us to know which constituencies have not received the CDF. Like I stated earlier, we forward recommendations on the constituencies to the Ministry of Finance which remits the money directly to the constituencies. Had he come to us much earlier, we would have engaged the Ministry of Finance to find out why his constituency was left out. It is unfortunate that his district did not receive the CDF, but this is a matter which my Permanent Secretary (PS) and his team can follow up to see what can be done.

I thank you, Sir.

Prof. Lungwangwa (Nalikwanda): Mr Speaker, as you are aware, our role on this side of the House is to check how our colleagues on your right are working and handling their ministries. Sitting here this morning and listening to the hon. Minister of Local Government and Housing has been extremely depressing.

Firstly, the hon. Minister told us that he failed …

Mr Speaker: Order!

Hon. Member for Nalikwanda, I will not encourage you to ask your question on points of clarification with a long preface. I have discouraged others from doing so. If you have a matter that you need to clarify, get to the point.

You may continue.

Prof. Lungwangwa: I thank you, Sir.

Hon. Minister, can you tell us why you have failed to solve the vexing problem of illegal land allocation in this country. What exactly is the problem?

Mr Kampyongo: Mr Speaker, I am at a loss because I do not know what the hon. Member is asking about. He has not made any reference to a specific matter. Talking about land illegalities in general is one thing. If, however, there is a specific land issue which is vexing, I would have loved to hear about it.

I thought that the hon. Member for Nalikwanda would stand there and commend me for this historical undertaking. People have opted to turn a blind eye to these illegalities for political reasons and expediency. I thought that the hon. Member would commend me for the positive step that I have taken.

Sir, it does not please me …

Hon. Government Members: Hear, hear!

Mr Kampyongo: … to suspend councils that are run by councillors from my party. It does not please me at all.
Mr Masumba: Hear, hear!

Mr Kampyongo: However, because we do not thrive on political expediency and we want to serve the masses, we did not look at the interest of a few individuals. We did this for the betterment of the majority of the people in the affected cities who have been complaining. This is why we took this drastic step to suspend councils. This is something that others could not do in the past. That is the fact.

If we had done what I am doing today earlier, we could have been telling a different story.

Hon. Government Members: Hear, hear!

Mr Kampyongo: We know how unplanned settlements in our cities have developed. It is a challenge to provide services to the communities that have mushroomed.

Hon. Government Members: Hear, hear!

Mr Kampyongo: Therefore, we have to be magnanimous. We, together with those who will come after us, have to plan properly for our cities.

Mr Mbewe: Sanity!

Mr Kampyongo: I wish the hon. Member for Nalikwanda could encourage me, …

Hon. Government Members: Hear, hear!

Mr Kampyongo: … so that those who will come after me can continue where I have left off.

Hon. UPND Members: Hear, hear!

Mr Kampyongo: The consolation is that I am still in charge.

Hon. Government Members: Hear, hear!

Mr Kampyongo: I am still in charge, Sir.

Mr Mwila: Ema Minister, aya!

Mr Kampyongo: During my tour of duty, I will not shy away from taking certain decisions. I am thankful to the President who has placed this responsibility on me.

Mr Mabumba: Eku landa, uku!

Mr Speaker: Order!

Mr Kampyongo: As the hon. Member for Nalikwanda goes back to his constituency, he should take this message to the council back home. The council should serve the people properly.

Mr Speaker, if you go to Livingstone, you will see how happy the people are. Some people paid for the purchase of land in 2012 and have been waiting upon the council to allocate them land. Meanwhile, the people they had elected in office were sharing the land. However, today, they are being offered pieces of land in areas which are well-serviced. Their names are being published for the public to see. This is how councils should work. This is what we want to see in the councils. I would like to applaud the administrator in Livingstone who is doing a commendable job. I have done my part, but the onus is on all of us to come on board and ensure that we serve the people with fairness and openness.

I thank you, Sir.

_____________

QUESTIONS FOR ORAL ANSWER

ECZ NOMINATION DOCUMENTS FOR MEMBERS OF PARLIAMENT AND COUNCILLORS

431. Mr L. J. Ngoma (Sinda) asked the Vice-President:

(a) what documents would be required to be produced before the Electoral Commission of Zambia (ECZ) officers during nominations as candidates for Member of Parliament and Councillor; and

(b) what the last day of verification of Grade 12 Certificates by the Examinations Council of Zambia for purposes of the 2016 General Elections was.

The Deputy Minister in the Vice-President’s Office (Mr Bwalya): Mr Speaker, a candidate who aspires for election as Member of Parliament will be required to produce the following before a returning officer at the designated ECZ nomination centres:

(a) duly completed nomination forms;

(b) duly completed affidavit form with the following documents attached thereto:

(i) copy of certified Grade 12 school certificate or its equivalent (as validated by the Examinations Council of Zambia), with a supporting letter from the council;

(ii) green national registration card (NRC) and a certified copy of the green NRC for the record;

(iii) voter’s card and certified copy of the voter’s card for the record; and

(iv) a statement of declaration of assets and liabilities;

(c) a letter or certificate of adoption if sponsored by a political party;

(d) a duly completed Declaration of Compliance to the Electoral Code of Conduct (Form ECC1);

(e) proof of payment of the K10,000 non-refundable nomination fee paid on or before the nomination day;

(f) the aspiring candidate’s photograph measuring 32 mm by 25 mm on a prescribed background which will be taken at the nomination centre by the ECZ; and

(g) fifteen registered voters from the constituencies as supporters.

Mr Speaker, in accordance with Article 153(2) of the Constitution of Zambia (Amendment), 2016, elections to the district councils will consist of elections of mayors, council chairpersons and councillors. A candidate who aspires for election as mayor, council chairperson or councillor will be required to produce the following documents before a returning officer at the ECZ nomination centres:

For the position of mayor or council chairperson, the following are the requirements:

Proof of payment of K10,000 non-refundable fee.

Hon. Opposition Members: K10,000?

Mr Bwalya: Wait!

Mr Speaker: Order!

I know the issue is emotive, but let us have some order. Let him complete.

Mr Bwalya: The qualifications and documents for aspiring candidates for election to the National Assembly apply to aspiring candidates for mayor and council chairperson. Additional requirements are:

(a) proof of payment of K10,000 non-refundable nomination fee to be paid before nomination day for candidates aspiring for election to the National Assembly and the mayors;

(b) proof of payment of K7,500 non-refundable nomination fee to be paid before nomination day for candidates aspiring for election to office of mayor; and

(c)  K3,500 non-refundable nomination fee to be paid by aspiring candidates for position of council chairperson on nomination day.

For election to position of councillor, aspiring candidates should:

(a) submit duly completed nomination forms;

(b) submit a duly completed affidavit form with the following documents attached thereto:

(i) copy of certified Grade 12 Certificate or its equivalent as validated by the ECZ;

(ii) a verification letter from the ECZ;

(iii) a certified green NRC or resident permit;

(iv) a certificate of clearance showing the payment of council taxes where applicable;

(v) a letter or certificate of adoption if sponsored by a political party. However, the sponsorship of councillors by political parties is currently being challenged in the Constitutional Court;

(vi) a photograph of the aspiring candidate, measuring 32x25 mm on a prescribed background;

(vii) a duly completed declaration of compliance to the Electoral Code of Conduct;

(viii) a K1,500 non-refundable nomination fee for urban districts and K750 for rural districts to be paid on nomination day; and

(ix)  nine registered voters from the ward as supporters.

Sir, please, note that the letter of support from the Examinations Council of Zambia should be attached to the Grade 12 Certificate and its equivalent as part of the verification by the returning officers.

Additionally, Mr Speaker, there has been a judgement in the Kabwe High Court on the submission of tertiary qualifications which the ECZ is yet to obtain.

Laughter

Mr Bwalya: Mr Speaker, the verification of Grade 12 Certificates by the ECZ for purposes of the 2016 General Elections started on 14th March, 2016 and will end on 13th May, 2016. However, there has been a directive by the hon. Minister of General Education to extend the deadline from 13th May, 2016, by a week. Effective 14th May, 2016, the ECZ will continue with the regular verification of qualifications and other services the council is offering to the public. It is also important to note that the response by the Office of the Vice-President is based on the provisions of the Constitution Articles 52, 70 and 153 in regard to what needs to be submitted during the nominations. In fact, Article 53 deals with nominations, Article 153 deals with the Local Government while Article 70 deals with hon. Members of Parliament.

I thank you, Sir.

Mr L. J. Ngoma: Mr Speaker, one of the requirements outlined by the Office of the Vice-President is that there should be certification letters from the Examinations Council of Zambia. The hon. Minister has rightly pointed out that there is a judgment which is in public domain. Among the issues in the judgment are the higher qualification and the General Certificate of Education (GCE).

Sir, now that the High Court has ruled that the GCE and higher qualifications like diploma are also admissible, is the Examinations Council of Zambia going to issue letters for those with the  GCE and tertiary education because it was refusing to do that?
 
Mr Bwalya: Mr Speaker, the Examinations Council of Zambia is responsible for the issuing of verification letters for Grade 12 Certificates and it has been doing that. This also includes the equivalent to the Grade 12 Certificate which is the GCE and others.

Sir, there is the Qualification Authority of Zambia that verifies tertiary qualifications. The institution will also be engaged to assist in the verification and the ECZ will collaborate with the various institutions that are charged with the responsibility of conducting various examinations.

Mr Speaker, you may wish to know that the Qualification Authority Act was passed recently by this House and was given the mandate to look at and harmonise qualifications in Zambia.

So, the ECZ and the Examinations Council of Zambia are studying the judgment that was passed yesterday and will issue a statement to that effect on how to go about the tertiary qualifications. That is all I can say for now.

I thank you, Sir.

Mr Livune (Katombola): Mr Speaker, for me to obtain a letter from the Examinations Council of Zambia, it took about seven days. I submitted my documents on 3rd May, 2016, and was only able to collect my letter yesterday. Considering that people have to travel from all over the country to Lusaka for this exercise, is there anything the Government can do to reduce the time spent at the Examinations Council of Zambia?

Mr Bwalya: Mr Speaker, the Minister of General Education, Hon. Dr John Phiri, has engaged the Examinations Council of Zambia to see how best it can speed up the exercise and reduce on the queues at its offices in Woodlands. There are many cases of forged results and certificates which have been discovered. The hon. Minister will make a statement relating to this at an appropriate time. For now, it would not be wise for us to decentralise the verification of qualifications because of what is happening in regard to forged certificates and Grade 12 results. Perhaps, we should increase the number of human resource dealing with this in order to speed up the process. Otherwise, the hon. Member’s concern is being addressed.

I thank you, Sir.

Mr Mtolo (Chipata Central): Mr Speaker, I did not hear the hon. Minister mention the tax clearance certificate from the Zambia Revenue Authority (ZRA) among the requirements for Members of Parliament. Could he clarify whether or not the tax clearance certificate is required?

The Minister of Works and Supply and Chief Whip (Mr Mukanga) (on behalf of the Vice-President and Minister of Development Planning (Mrs Wina)): Mr Speaker, I wish to state that there is a public notice from the Electoral Commission of Zambia (ECZ) and there was a press release yesterday thereon. We, therefore, intend to circulate the two documents for hon. Members to read. It is very clear that for Members of Parliament, the Tax Clearance Certificate is not applicable. The requirements are a Grade 12 Certificate or equivalent, national registration card (NRC), voter’s card, declaration of assets and liabilities, K10,000 nomination fee, fifteen registered supporters from the constituency, a letter if sponsored by a political party and declaration of compliance with the Electoral Code of Conduct.

I thank you, Sir.

Ms Imenda (Luena): Mr Speaker, the hon. Minister has referred to the fact that there are many forged certificates circulating around the country. In view of the fact that the High Court has ruled on the admission of tertiary qualifications, would the hon. Minister agree with me that there is a possibility some tertiary certificates were acquired using forged Grade 12 Certificates? How valid are those tertiary certificates?

Mr Mukanga: Mr Speaker, in regard to forged certificates, the law enforcement agencies will take action. The Examinations Councils of Zambia, the Electoral Commission of Zambia (ECA) and the Zambia Qualifications Authority will work together to authenticate the documents as they are submitted.

I thank you, Sir.

Mr Mwiimbu (Monze Central): Mr Speaker, I wish to refer to Article 70(1)(d) of the Constitution of Zambia. The hon. Minister has rightly stated that under the Constitution of Zambia, there is no provision for the requirement of a tax clearance certificate for parliamentary candidates. My question relates to the issue of Article 70(1)(d) which talks about the qualifications for candidates. I would like the hon.  Member to indicate ...

Mr Speaker: For the sake of completeness, read it out so that we follow your question.

Mr Mwiimbu: Mr Speaker, Article 70(1)(d) states:
“Subject to Clause (2), a person is eligible to be elected as a Member of Parliament if that person –

(d) has obtained, as a minimum academic qualification, a grade 12 certificate or its equivalent.”

Mr Speaker, the question that I would like the hon. Minister to answer is the onus that has been placed on the Examinations Council of Zambia to verify the qualifications of candidates when, in fact, the Constitution of Zambia does not state so. Further, what would be the role of a petitioner as provided for under the Constitution of Zambia where somebody is found not to qualify and he/she petitions the qualification if the onus of disqualifying candidates is now on the Electoral Commission of Zambia (ECZ)? Where do the ECZ and the Examinations Council of Zambia get that power under the Constitution when it is so clear that the powers of the two institutions have been usurped?

Mr Mukanga: Mr Speaker, the Act is clear on the requirements of the candidates. It is important to note that the documents that should be presented before the presiding officer have already been stipulated. The ECZ is not disqualifying anyone. It is just requesting the would-be candidates to present the required documents. If they fail to present the documents, then, they will be deemed to have failed to present the required documentation. The onus is upon each candidate participating in the elections to present the necessary documents.

I thank you, Sir.

Mr Mweetwa (Choma Central): Mr Speaker, ever since the Patriotic Front (PF) Government imposed the so-called new Constitution …

Laughter

Mr Speaker: Order!

Can the hon. Member take his seat.

There is no need for unnecessary controversies. So, let us avoid that because we are wasting time, especially when you are saying things that are not correct. There was no imposition. We sat here the whole night into the morning debating the Constitution. Therefore, we cannot say that one political grouping imposed it on the others. Let us avoid unnecessary arguments. This is the only day we have left. If you look at the Order Paper, you will find that we are barely on page 4, yet this is midday and we have a long way to go. Let us avoid unnecessary controversies.

 You may continue, hon. Member.

 Mr Mweetwa: Mr Speaker, much obliged.

Sir, ever since the amended Constitution was enacted, it is common knowledge that there have been a lot of controversies, especially on issues relating to qualifications for councillor, Members of Parliament and Republican President. Article 71(d) of the Constitution, as read by Hon. Mwiimbu, is very clear on the minimum qualification of Grade 12 Certificate, yet there has been  a lot of debate on this issue until today when the Government has agreed that those with tertiary qualifications, that is, above Grade 12 also qualify. Why has the Office of the Attorney-General not taken deliberate steps to guide on this issue so that there are no controversies on the nomination day, as those with tertiary qualifications have to start the process of having their qualifications verified with only two weeks before the nomination day?

 Mr Mukanga: Mr Speaker, firstly, I would like to mention that the amended Constitution was passed. It is the people’s Constitution because they requested for it.

Sir, the Patriotic Front Government wanted to amend a few clauses, but could not do so because it did not have the numbers.

Mr Speaker, when it comes to issues of the Constitution, it is important to appreciate that there are other bodies in the country that can help us understand them. Therefore, if people do not like some of the issues that have been raised in the Constitution, they can present their case to the courts of law so that it becomes easier for us to understand just like we have done with the issue of the Grade 12 qualification that the High Court ruled on.  Therefore, if there are any other contentious issues, people can go to court and we will get an interpretation. As the Executive, we do not want to interpret the law when there are organs of the Government that are mandated to do so.

  I thank you, Sir.

 Hon. Government Members: Hear, hear!

 Mr Mutelo (Lukulu West): Mr Speaker, I would like to refer to the Constitution.

Sir, the positions of mayor and council chairperson are not clearly stated in the Constitution. Where did Her Honour the Vice-President and Minister of Development Planning get the information that the requirements for hon. Members of Parliament also apply to the positions of mayor and council chairperson when there is no provision in the amended Constitution? Her Honour the Vice-President and Minister of Development Planning has also mentioned that hon. Members are supposed to produce certified voters’ cards. Where is this indicated in the Constitution? Could her Honour the Vice-President and Minister of Development Planning clarify on that issue?

 Mr Mukanga: Mr Speaker, I appreciate the question by the hon. Member for Kalabo West.

 Sir, it is important to note that the Government will announce the requirements for mayors and councillors when we look at the Electoral Act because this piece of legislation will be amended to provide for such requirements. Therefore, it is imperative that we wait until we look at the amended Electoral Act.

 Sir, I thank you.
  Dr Kalila (Lukulu East): Mr Speaker, my question was related to tax clearance and has since been addressed by Hon. Mwiimbu.

 I thank you, Sir.

 Mr Namulambe (Mpongwe): Mr Speaker, the hon. Deputy Minister stated that a statement is going to be issued in relation to the judgment that was passed in Kabwe yesterday. Knowing that the question under discussion was forwarded to the Government before the judgment was passed, why did it find it prudent to get the judgment, especially that the case was between the Attorney- General and the Examinations Council of Zambia (ECZ)? Does the Government intend to appeal against the decision of the court in order to prevent some people who might want to take advantage of the ruling from submitting their GCE qualification of one subject?

 Mr Muchima: Hear, hear!

 Mr Speaker: Order!

 The challenge that we have is that the question under consideration was of an urgent nature and was only submitted to the Office of the Clerk last night. Therefore, there is a limitation that arises from that exigency. Nonetheless, I will give the liberty to the Acting Leader of Government Business in the House to respond.
 
 Mr Mukanga: Mr Speaker, you have ably clarified the matter.

Sir, when you look at the judgment that was passed yesterday, you will see that it does not leave any grey areas. What is important is for political parties to get the court ruling and seek legal assistance to interpret it so that all of us are in the clear. Therefore, any serious political party will have to seek legal advice on the matter.

 Mr Speaker, I thank you. 

Mr Muntanga (Kalomo Central): Mr Speaker, now that the issue of the tertiary certificate has been brought up and that it might be used as one of the necessary documents for adoption, can the Acting Leader of Government Business in the House clarify whether someone who has a case before the courts of law and is pardoned by the President can still use the tertiary education certificate? Can that certificate be accepted?

 Laughter

 Hon. UPND Members: Hear, hear!

 Mr Mukanga: Mr Speaker, I appreciate the question by Hon. Muntanga although it is not in line with the question on the Order Paper. We have been allowed to use the tertiary qualifications. However, those with Grade 12 Certificates can still use them.

 I thank you, Sir.
 Hon. Government Members: Hear, hear!

ZAMTROP ACCOUNT

432. Mr Muchima (Ikeleng’i) asked the Minister of Finance;

(a) whether the Zamtrop Account had been closed;

(b) if so, how much was in the account at the time of closure;

(c) how much money in the account belonged to individuals; and

(d) what had happened to Access Financial Services Limited which used to handle the Zamtrop money.

The Deputy Minister of Finance (Mr Mvunga): Mr Speaker, I have serious limitations in providing appropriate answers to the above-raised questions because the mandate to open, operate and close the Zamtrop Account falls under the responsibility of the Director-General, Special Division.

Sir, the Treasury does not, in any way, authorise the opening and closing of the Zamtrop Account.

Mr Speaker, I thank you.

Mr Muchima: Mr Speaker, I am not comfortable with the hon. Minister’s response. This matter was made known to the Zambian public with no reservations thirteen years ago and some people were taken to court over the same. The public would like the Government to shade light on what happened to the money and the people who were taken to court.

Mr Mvunga: Mr Speaker, the Ministry of Justice would be in a better position to provide a precise response to that question.

I thank you, Sir.

Mr Namulambe: Mr Speaker, the Ministry of Finance is responsible for disbursing funds to all the Government institutions. Since the Office of the Director-General, Special Division that the hon. Minister referred to gets money from the Ministry of Finance as appropriated by Parliament, was it not prudent for him to find out whether or not the Zamtrop Account was closed or whether funds are still remitted?

Mr Mvunga: Mr Speaker, I think the hon. Member has fairly stated that the Ministry of Finance’s responsibility is to disburse funds to the functioning units of the Government and that is where its responsibility ends. Matters relating to certain institutions such as the Zambia Security Intelligence Services border on the defence and security of the nation. As such, there are limitations on the information the Ministry of Finance has.
I thank you, Mr Speaker.

________

BILLS

FIRST READING

The following Bills were read the first time:

The Local Government Elections (Repeal) Bill, 2016

The Zambia Police (Amendment) Bill, 2016

Second Readings on Wednesday, 11th May, 2016

__________

MOTIONS

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE PRESIDENTIAL APPOINTMENT OF HON. MRS JUSTICE FULGENCY MWENYA CHISANGA, TO SERVE AS JUDGE PRESIDENT, HON. MR JUSTICE CHALWE FARAI RAFAEL MCHENGA, SC, TO SERVE AS DEPUTY JUDGE PRESIDENT AND HON. MRS JUSTICE FLAVIA MALATA CHISHIMBA, HON. MRS JUSTICE JUDY ZULU-MULONGOTI, HON. MADAM JUSTICE CATHERINE MAKUNGU, HON. MR JUSTICE MUBANGA MWENIWEINGWE KONDOLO,
SC., HON. MR JUSTICE JUSTIN CHASHI AND HON. MR JUSTICE DOMINIC LUTHER YETA SICHINGA, SC, TO SERVE AS JUDGES OF THE COURT OF APPEAL

Mr Kapeya (Mpika Central): Mr Speaker, I beg to move that this House do adopt the Report of the Select Committee appointed to scrutinise the presidential appointments of Hon. Mrs Justice Fulgency Mwenya Chisanga, to serve as Judge President, Hon. Mr Justice Chalwe Farai Rafael Mchenga, SC., to serve as Deputy Judge President, Hon. Mrs Justice Flavia Malata Chishimba, Hon. Mrs Justice Judy Zulu-Mulongoti, Hon. Madam Justice Catherine Makungu, Hon. Mr Justice Mubanga Mweniweingwe Kondolo, SC, Hon. Mr Justice Justine Chashi and Hon. Mr Justice Dominic Luther Yeta Sichinga, SC., to serve as Judges of the Court of Appeal.

Mr Speaker: Is the Motion seconded?

Ms Namugala (Mafinga): Mr Speaker, I beg to second the Motion.

Mr Kapeya: Mr Speaker, the appointment of the nominees is made pursuant to Article 140 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, which states that:

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

(a) Chief Justice;

(b) Deputy Chief Justice;

(c) President of the Constitutional Court;

(d) Deputy President of the Constitutional Court; and

(e) other Judges.

Sir, further, Section 3 of the Court of Appeal Act No. 7 of 2016 states that:

 “The court consists of –

(a) the Judge President;

(b) the Deputy Judge President; and

(c) such number of Judges as may be prescribed.”

Mr Speaker, in view of the critical role that the Judiciary plays in the country’s democratic governance system, your Committee resolved that only competent persons with unquestionable integrity, diligence, eminence, sound character and a strong commitment to justice should serve as Judges of the Court of Appeal. In this regard, your Committee carefully selected the witnesses to assist it scrutinise the suitability of the nominees.

Sir, your Committee observes that the Court of Appeal would be a clearing house for the Supreme Court, as it would sieve the appeals that come before the Supreme Court. This would assist in reducing the backlog of cases in the Supreme Court and, therefore, improve the delivery of justice. However, your Committee was concerned that there was no adequate infrastructure to support the newly-established court.

Your Committee, therefore, urges the Government to expedite the development of the new court infrastructure to support the newly-established courts and the Court of Appeal in particular.

Further, Mr Speaker, your Committee notes that although the number of Judges had been increased, this did not correspond with the number of cases handled by the Judiciary. Your Committee also notes that one of the major contributing factors to the backlog of cases in the justice delivery system was the huge number of cases allocated to Judges. Therefore, your Committee urges the Government to increase the number of Judges.

Mr Speaker, in carrying out its task, your Committee requested memoranda from the relevant State security agencies, professional bodies and other stakeholders, and the appointing authority. The witnesses also appeared before your Committee to make their oral submissions. Your Committee also interviewed the nominees and scrutinised their curricula vitae.

Sir, your Committee established that all the nominees possessed the required qualifications for one to be appointed Judge of the Court of Appeal as prescribed in the Constitution.

Mr Speaker, submissions from the State security agencies indicated that there were no adverse security concerns against any of the nominees. Additionally, submissions from other stakeholders were generally also in support of all the nominees as being suitable to occupy the position of Judge of the Court of Appeal.

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

Hon. Mrs Justice Fulgency Mwenya Chisanga was admitted to the Bar in December, 1993 and started her career in law in 1994 at Muleza and Company as an Associate. In 1995, she joined Ellis and Company where she rose to the position of partner. In 2001, she set up her own law firm and was appointed Puisne Judge in March, 2010. In March 2016, she was appointed Judge-in-Charge for the Lusaka High Court.

Sir, the nominee meets the constitutional requirements for appointment as Judge President of the Court of Appeal, as she has been practicing law for seventeen years and has been at the Bench for over six years. Your Committee, therefore, supports her appointment as Judge President of the Court of Appeal.

Hon. Mr Justice Chalwe Farai Rafael Mchenga, SC., was admitted to the Bar in 1990 and started his career as a Research Fellow at the Zambia Law Development Association Commission (ZLDAC) in 1991. He joined the Directorate of Legal Aid as Legal Aid Counsel in 1993 and later moved to the Directorate of Public Prosecutions (DPP). In 2004, he was appointed Director of Public Prosecutions. In 2011, the nominee was appointed High Court Judge, the position he has held to date. The nominee has also been serving as honorary lecturer in Criminal Procedure at the Zambia Institute of Advanced Legal Education (ZIALE) since 2008.

Sir, the nominee meets the constitutional requirements for appointment as Deputy Judge President of the Court of Appeal. Therefore, your Committee supports his appointment.

Hon. Mrs Justice Flavia Malata Chishimba was admitted to the Bar in 1995 and started her career as an Associate at Fraser Associates in 1997 where she rose to the position of Senior Advocate in 2003. She was appointed Puisne Judge in 2010 and was assigned to the Commercial List where she is currently serving as Judge. During her legal career, the nominee has held several positions of authority and influence. For example, she was Chairperson of the Zambia Institute of Mass Communications Board (ZIMCB), from 2008 to 2010, a member of the Commonwealth International Judges and Magistrates Association and a member of the Zambia Institute of Arbitrators and the International Bar Association.

Sir, the nominee meets the constitutional requirements for appointment to the position of Judge of the Court of Appeal. Therefore, your Committee supports her appointment.
Hon. Mrs Justice Judy Zulu Mulongoti was admitted to the Bar in December, 1995 and began her career in law as a State Advocate in the Attorney-General’s Chambers. She rose to the position of Assistant Senior State Advocate in 1997. In 2001, she joined the Directorate of Legal Aid as Principal Legal Aid Counsel. In 2003, she was appointed Principal State Advocate in the Attorney-General’s Chambers and was elevated to the position of Deputy Chief State Advocate in 2006. She was appointed Judge of the Industrial Relations Court in 2008 and was later appointed Puisne Judge in 2010, a position she holds to date.

During her illustrious career, the nominee served as Deputy Secretary of the Mung’omba Constitution Review Commission, member of the Lands Tribunal, Legal Counsel and member of the Tourism Development Credit Facilities Committee and Director of the National Board Fund Agency.

Sir, the nominee meets the constitutional requirements for appointment as Judge of the Court of Appeal. Your Committee, therefore, supports her appointment.

Hon. Madam Justice Catherine Makungu was admitted to the Bar in 1992 and started her career in law as an Assistant Advocate at Ellis and Company. In 1997, she became a partner at Muleza and Company until 1999 when she set up her own law firm practicing under the name of Makungu and Company. She was appointed Puisne Judge in 2004 and was stationed at Kitwe High Court. She was later appointed Judge-in-Charge in 2013, a position she holds to date.

Sir, the nominee meets the constitutional requirements for appointment as Judge of the Court of Appeal. Therefore, your Committee supports her appointment.

Mr Speaker, Hon. Mr Justice Mubanga Mweneiweingwe Kondolo, SC., was admitted to the Bar in 1988 and started his career in law as a legal and administration officer at Kalundu Steel Limited in Kitwe. In 1990, he joined Fordale Printers Limited as Legal Counsel. He joined the Directorate of Legal Aid as Senior Legal Aid Counsel and later moved to the Attorney-General’s Chambers as Senior State Advocate. He rose to the position of Deputy Chief State Advocate in 2001. Between 2001 and 2010, the nominee served as Senior Manager, Legal Services at the Zambia Electricity Supply Corporation (ZESCO) Limited and later as Solicitor-General of the Republic of Zambia between 2010 and 2011. The nominee was appointed Puisne Judge in 2011, a position he holds to date.

Sir, the nominee meets the constitutional requirements for appointment as Judge of the Court of Appeal. Therefore, your Committee supports his appointment.

Sir, Hon. Mr Justice Justin Chashi was admitted to the Bar in 1985 and started his career in law as an in-house advocate at Mufulira District Council in 1985. He later joined Llyod Siame and Company and moved to Meridian Management Services Limited and Chibote Limited Group of Companies as Legal Counsel in 1986. He became managing partner at Muponda Chashi and Partners and later Mweemba Chashi and Partners between 1992 and 2010. In 2010, he was appointed Puisne Judge, a position he holds to date.

Mr Speaker, the nominee meets the constitutional requirement for appointment as Judge of the Court of Appeal. Therefore, your Committee supports his appointment.

Sir, Hon. Mr Justice Dominic Luther Yeta Sichinga was admitted to the Bar in 1996 and started his career in law as a legal officer at the Zambia National Commercial Bank in 1997. In 1998, he moved to the Common Market for Eastern and Southern Africa (COMESA) as a legal consultant. He served as administrative officer under the United Nations (UN) Kosovo Law Enforcement Project from 1999 to 2003, and later became child support officer at the Attorney-General’s Office in Texas, United States of America (USA). He was later appointed Solicitor-General of the Republic of Zambia where he served until 2009 when he was appointed Permanent Secretary (PS) in the then Ministry of Transport, Works, Supply and Communication. In 2011, he was appointed High Court Judge and is currently serving as Judge-in-Charge at the Kabwe High Court.

Sir, the nominee meets the constitutional requirements for appointment as Judge of the Court of Appeal. Therefore, your Committee supports his appointment.

Mr Speaker, in conclusion, your Committee did not find any relevant and compelling information against the suitability of any of the nominees to be appointed as Judges of the Court of Appeal. Your Committee also wishes to commend the appointing authority for taking the necessary measures to ensure the realisation of the provisions of the amended Constitution by making the requisite appointments.

Sir, having said that, your Committee recommends that this august House ratifies the Presidential appointment of Hon. Mrs Justice Fulgency Mwenya Chisanga, to serve as Judge President, Hon. Mr Justice Chalwe Farai Rafael Mchenga, SC., to serve as Deputy Judge President and Hon. Mrs Justice Flavia Malata Chishimba, Hon. Mrs Justice Judy Zulu-Mulongoti, Hon. Madam Justice Catherine Makungu, Hon. Mr Justice Mubanga Mweniweingwe Kondolo, SC., Hon. Mr Justice Justin Chashi and Hon. Justice Dominic Luther Yeta Sichinga, SC., to serve as Judges of the Court of Appeal.

Mr Speaker, your Committee wishes to express its profound gratitude for the services rendered to it by the Office of the Clerk of the National Assembly during the discharge of its task. Furthermore, the members of your Committee wish to express their appreciation to you for the honour of appointing them to serve on this Select Committee to consider the Presidential appointment of the first Judges of the Court of Appeal of the Republic of Zambia.

Sir, your Committee is equally grateful to all the witnesses who appeared before it and provided valuable information that assisted it in making informed recommendations to the House. It is now my pleasure to request this august House to ratify the appointment of the nominees.

I thank you, Sir.

Hon. Government Members: Hear, hear!

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

Ms Namugala: Now, Mr Speaker.

Mr Speaker, allow me to take this opportunity to thank you for according me the opportunity to second the Motion on the Floor. The mover has adequately covered all the relevant points upon which your Committee supports the ratification of the nominees to be appointed Judges of the Court of Appeal. In view of this, I shall only add a few words in seconding the Motion.

Sir, I wish to complement the mover’s speech in highlighting some of your Committee’s observations. Your Committee observes that the selection and recruitment of Judges is not transparent. It is not clear how the appointing authority arrives at the names of the nominees. Your Committee observes that in order to allow for transparency in the selection and recruitment of Judges, it is important to publicly advertise the positions so that people with the requisite qualifications can apply to be considered to serve as Judges.

Further, Mr Speaker, your Committee observes that there is no consultation between the Judicial Service Commission (JSC) and Judicial Complaints Commission (JCC) in recommending people for appointment as Judges to the President who is the appointing authority.

Interruptions

Mr Speaker: Order, on the right!

Ms Namugala: The lack of consultation between the two bodies results in some of the names being rejected by the JCC. In this regard, your Committee urges the JSC to make the necessary consultations with the various stakeholders, including the Law Association of Zambia (LAZ), before recommending persons to the President for appointment as Judges.

Further, Mr Speaker, your Committee notes that there is no gender balance in the headship of the three courts, namely the Supreme Court, Constitutional Court and Court of Appeal, as they will all be headed by the female gender. There is a need for the appointing authority to ensure that there is gender balance in the appointments so as not to disadvantage either gender. It is for this reason that your Committee urges the Executive to ensure that there is gender balance in appointments.

Sir, allow me to conclude by thanking the members of your Committee for the confidence shown in me and for allowing me to second this Motion. I also wish to thank them and the Chairperson for the unity that was exhibited during your Committee’s deliberations.

With these remarks, I thank you.

The Minister of Justice (Dr Simbyakula): Mr Speaker, at the outset, let me thank the mover and seconder of the Motion for ably moving and seconding the Motion on the Floor. My thanks also go to the entire Committee for its industry and for thoroughly scrutinising the nominees. As the House is aware, the Court of Appeal is a new creature in our judicial system that has been established under Article 130 of the Constitution. The House will recall that last week, the House passed the Court of Appeal Bill, 2016 into law, thus giving effect to the new judicial system in Zambia.

Mr Speaker, all the nominees for appointment to the Court of Appeal are currently serving as Judges of the High Court where they have all acquitted themselves very well. Their nomination to sit on the Court of Appeal is, therefore, an elevation to the higher court. As the Executive, we have every confidence that they will meet the task.

Mr Speaker, we have taken note of the concern raised by your Committee with respect to court infrastructure. The Government is doing everything possible to construct more courts and houses for the Judiciary.

In response to the concern raised by the seconder of the Motion with respect to gender balance, what I can say is that historically, women have been disadvantaged in this country. The more women we appoint to positions of authority, the better it will be for the girl child. The women who are being appointed to high positions of authority will be role models for the girl child so that she can know that she too can rise to any position in this country. With time, there will be gender balance.

As I conclude, Mr Speaker, I wish to state that it is important to engage all the stakeholders if we are to come up with a system of advertising the position of Judge. It is important to engage the legal fraternity, the Judiciary and others to see whether that would be the best way of identifying suitable candidates for appointment to the Judiciary. These will be the first Judges for the Court of Appeal. As the Executive, we want to thank the whole House for the support of the appointments and I urge the House to support their ratification.

I thank you, Sir.

Mr Kapeya: Mr Speaker, I am so grateful to all the hon. Members of this august House for their support. Allow me to assure the House that from today, I will be praying hard for everyone to come back after 11th August, 2016.

Thank you very much, Sir.

Laughter

Question put and agreed to.

REPORT OF THE PARLIAMENTARY SELECT COMMITTEE ON THE PRESIDENTIAL APPOINTMENT OF MR MATHEWS LIKUBA ZULU, MR CHARLES ZULU, MR DAVIES CHALI MUMBA, MRS SHARON KAUNDA-NEWA, MR SUNDAY BWALYA NKONDE, SC., MRS PIXIE KASONDE-YANGAILO, MRS MARIA MAPANI-KAWIMBE, MS BUBILE GRACE LUNGU AND MRS SUSAN MTONGA-WANJELANI TO SERVE AS HIGH COURT JUDGES
Mr Simfukwe (Mbala): Mr Speaker, I beg to move that this House do adopt the Report of the Parliamentary Select Committee appointed to scrutinise the presidential appointment of Mr Mathews Likuba Zulu, Mr Charles Zulu, Mr Davies Chali Mumba, Mrs Sharon Kaunda-Newa, Mr Sunday Bwalya Nkonde, SC., Mrs Pixie Kasonde-Yangailo, Mrs Maria Mapani-Kawimbe, Ms Bubile Grace Lungu and Mrs Susan Mtonga-Wanjelani to serve as High Court Judges for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 10th May, 2016.

Mr Speaker: Is the Motion seconded?

Mr Muntanga (Kalomo Central): Mr Speaker, I beg to second the Motion.

Mr Simfukwe: Mr Speaker, the appointments are made pursuant to the provisions of Article 140 of the Constitution, Cap 1 of the Laws of Zambia, which states:

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

(a) Chief Justice;

(b) Deputy Chief Justice;

(c) President of the Constitutional Court;

(d) Deputy President of the Constitutional Court; and

(e) other Judges.

Further, Article 141(1)(d) states:

“A person qualifies for appointment as a Judge if that person is of proven integrity and has been a legal practitioner. In the case of the High Court, this should be for, at least, 10 years.”

Sir, from the outset, let me state that the Judiciary plays an important role in the dispensation of justice in the country. As such, ordinary Zambians look forward to a judiciary that is not unduly influenced, corrupt or compromised, but one that dispenses justice impartially. In this regard, your Committee recognises that the quality and standing of persons appointed to occupy judicial office are key to ensuring a judiciary that is not only independent, but also incorruptible. Your Committee, therefore, had to ensure that the persons appointed to serve as High Court Judges not only met the constitutional requirements, as provided in Articles 141 and 142 of the Constitution, but were also of high integrity, fearless advocates of justice and courageous defenders of the rule of law.

Sir, your Committee also sought to be satisfied that the appointments met the requirements of Article 259 of the Constitution which requires those making appointments to take into account gender balance, equitable representation of youths and persons with disabilities and, where possible, regional diversity.

Sir, to aid your Committee in its task, witnesses were identified to scrutinise the suitability of the nominees. The witnesses made both oral and written submissions to your Committee. Further, your Committee interviewed the nominees and carefully studied their curriculum vitae.

Mr Speaker, your Committee found that all the nominees possessed the requisite qualifications for one to be appointed High Court Judge as prescribed in the Constitution. Further, submissions from the State security agencies indicated that there were no adverse security records against any of the nominees.

Sir, your Committee observes, with satisfaction, the increase in the number of High Court Judges which will help reduce the delay in the delivery of judgements. Your Committee, however, notes that for this to be meaningful, it must be accompanied by a corresponding increase in court infrastructure.

Interruptions

Mr Speaker: Order, on the far right!

Mr Simfukwe: Your Committee, therefore, calls upon the Executive to embark on a programme to expand court infrastructure in order to ensure speedy dispensation of justice for all our citizens.

 Sir, your Committee notes that the Judicial Complaints Commission is charged with the responsibility of hearing and determining public complaints against judicial officers. While there is no legal requirement for the appointing authority to consult this commission prior to nominating persons to high judicial office, your Committee is of the view that the practice of consulting the commission with regard to nominees that are already serving in the Judiciary should be encouraged.

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

Mr Speaker, Mr Mathews Likuba Zulu has eleven years experience as a legal practitioner. He has spent all his working life in the Judiciary, rising from the position of magistrate to Registrar of the High Court and Director of Court Operations.

Your Committee learnt from the Judicial Complaints Commission that the nominee had one matter pending hearing before it relating to his delay in passing a ruling.

Mr Speaker, upon due consideration of the facts and taking into account the presumption of innocence as enshrined in the Bill of Rights, your Committee resolved that it would not be prudent to deny the nominee ratification on the basis of a single matter which had not yet been determined.

Mr Speaker, the Law Association of Zambia (LAZ) raised concern regarding the nominee’s experience in adjudication since he had spent most of his time in the Judiciary performing administrative functions. Your Committee, however, notes that as a former magistrate and Registrar of the High Court, the nominee has attained sufficient experience in adjudication. Your Committee, therefore, recommends that this House ratifies his appointment as Judge of the High Court.

Mr Speaker: Order!

Business was suspended from1255 hours until 1430 hours.

 [MR SPEAKER in the Chair]

Mr Simfukwe: Mr Speaker, when business was suspended, I had finished reading the report on the first nominee. I now move on to the next one.

Sir, Mr Charles Zulu possesses twelve years experience as a legal practitioner. In addition, he has worked in the Judiciary for thirteen years, rising from the position of magistrate to Deputy Director of the Supreme Court. Your Committee notes that having been an adjudicator for most of his career, the nominee possesses the necessary qualifications and experience for appointment as Judge of the High Court. Your Committee, therefore, recommends that this House ratifies his appointment as Judge of the High Court.

Mr Speaker, Mr Davies Chali Mumba has eleven years experience as a legal practitioner. He has also worked in the Judiciary for thirteen years, rising from the position of magistrate to Deputy Registrar of Court Operations. Your Committee notes that as an adjudicator, the nominee is uniquely qualified for appointment as Judge of the High Court. Your Committee thus recommends his appointment as Judge of the High Court

Sir, Mrs Sharon Kaunda-Newa has eleven years experience as a legal practitioner. She has worked for the Judiciary since 2001 and has risen through the ranks from Magistrate of the subordinate court. The nominee also served as Deputy Registrar of the Commercial Court between 2011 and 2015. Your Committee noted the submission by the Judicial Complaints Commission that the nominee was admonished in accordance with Section 24 of the Judicial Code of Conduct Act for breach of conduct. Your Committee is, however, in agreement with the commission that this should not affect her appointment, as she has already been punished for the breach. Your Committee is satisfied that the nominee has sufficient experience in adjudication attained from her many years in the Magistrate Court and, therefore, recommends that the House ratifies her appointment as High Court Judge.

Mr Speaker, Mr Sunday Bwalya Nkonde, SC., has over twenty-five years experience as a legal practitioner and has worked in both the public and private sectors. He served as Solicitor-General of the Republic from 2002 to 2006 and is currently the Managing Partner of SBN Legal Practitioners. Throughout his career, the nominee has exhibited unwavering dedication to duty and an overwhelming belief in human rights as evidenced by the many controversial cases he has handled.
Mr Speaker, your Committee noted the concerns of the Law Association of Zambia (LAZ) regarding the nominee’s connection to the Tedworth Properties case in which it was alleged that he was holding the property which had been dubiously acquired on behalf of his client. After its interaction with the nominee, your Committee is satisfied that he does not own the properties nor hold them on behalf of anyone. Your Committee is confident that the nominee’s vast experience and exposure will be beneficial to the Judiciary. Your Committee, therefore, recommends that this House ratifies his appointment as Judge of the High Court.

Sir, Mrs Pixie Kasonde-Yangailo has twenty-three years experience as a legal practitioner and has had an illustrious career, having worked in a non-governmental organisation (NGO), the corporate sector and private practice. The nominee is also the immediate past Chairperson of the Human Rights Commission (HRC). She is currently a managing partner in the firm PH Yangailo and Company.

Your Committee notes that the nominee is eminently qualified and experienced for appointment as Judge of the High Court and recommends that this House ratifies her appointment as High Court Judge.

Mr Speaker, Mrs Maria Mapani-Kawimbe has over twenty years experience as a legal practitioner and has spent her entire working life in the Ministry of Justice, rising from the position of State Advocate to Director in the Governance Department. She is the current Vice-Chairperson of the Competition and Consumer Protection Tribunal and the immediate past Secretary of the Legal and Justice Reforms Commission. Your Committee notes that her vast knowledge and experience in law, particularly human rights, will be a valuable contribution to the High Court. Your Committee thus recommends that the House ratifies her appointment as Judge of the High Court.

Sir, Ms Grace Bubile Lungu has close to twenty years experience as a legal practitioner and has practiced in various law firms and corporate institutions. She is currently the Assistant Director of Legal Services in the Bank of Zambia (BoZ). She has also been a Commissioner in the Small Claims Court since 2012. The nominee has acquired sufficient experience to enable her to serve as a Judge of the High Court. Your Committee thus recommends that the House ratifies her appointment as Judge of the High Court.

Mr Speaker, Mrs Susan Mtonga-Wangelani has twelve years experience as a legal practitioner and has spent her entire career in the Ministry of Justice. She rose through the ranks to the position of Acting Deputy Chief State Advocate. In 2009, the nominee acted as Treasury Counsel for one year. Your Committee notes that she demonstrated unwavering commitment to work during her eleven years in the Public Service and, therefore, recommends that this House ratifies her appointment to serve as High Court Judge.

Mr Speaker, in conclusion, your Committee did not find any information against the suitability of any of the nominees to be appointed to their respective positions. Therefore, your Committee recommends that this august House ratifies the presidential appointments of Mr Mathews Likuba Zulu, Mr Charles Zulu, Mr Davies Chali Mumba, Mrs Sharon Kaunda-Newa, Mr Sunday Bwalya Nkonde, SC., Mrs Pixie Kasonde-Yangailo, Mrs Maria Mapani-Kawimbe, Mrs Bubile Grace Lungu and Mrs Susan Mtonga-Wanjelani to serve as High Court Judges.

Finally, Sir, your Committee wishes to put on record its gratitude for the services rendered to it by the Office of the Clerk of the National Assembly. Above all, your Committee wishes to express its appreciation to you, Mr Speaker, for appointing it to serve on this Select Committee. Your Committee is equally grateful to all the witnesses who appeared before it and provided valuable information that assisted it in making an informed recommendation to the House.

It is now my pleasure to call upon this House to ratify the appointments before it.

Mr Speaker, I beg to move.

Hon. Members: Hear, hear!

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

Mr Muntanga: Now, Sir. 

Mr Speaker, let me begin by thanking you for according me the opportunity to second this Motion. The mover has adequately covered the significant points upon which your Committee supports the ratification of the nominees to serve as High Court Judges. For this reason, I shall only add a few words in seconding this Motion.

Sir, I wish to highlight two important observations made by your Committee. Your Committee notes that Article 134 of the Constitution gives the High Court unlimited and original jurisdiction to hear and determine any civil or criminal matter, except those that are a preserve of the Constitutional Court. This wide jurisdiction requires the court to comprise Judges with varying backgrounds and experience.

Your Committee observes that the persons appointed to serve as Judges of the High Court are from different backgrounds and possess varied experience. Your Committee welcomes this and notes that having a blend of persons with proficiency in different fields of the law will be highly beneficial to the High Court.

In addition, your Committee observes, with satisfaction, that the appointing authority strived to attain gender parity in the appointments as required by Article 259(1) of the Constitution. Your Committee, however, notes that Article 259 also requires persons empowered to make nominations or appointments to public office to take into account equitable representation of the youth and disabled, and the regional diversity of the people of Zambia. Your Committee, therefore, urges the appointing authority to take these factors into consideration when making appointments in future.

Mr Speaker, as I conclude, allow me to thank the Chairperson of your Committee for the good manner in which he guided its deliberations. I would also like to extend my sincere thanks to all the Members of your Committee for their effectiveness and unity during the Committee’s deliberations.

Mr Speaker, with these few remarks, I beg to second the Motion.

Hon. Members: Hear, hear!

Mr Belemu (Mbabala): Mr Speaker, I will go straight to the point. First and foremost, allow me to thank you most sincerely for giving me this rare opportunity to debate on this occasion of the eleventh hour of the Eleventh National Assembly.

Laughter

Mr Belemu: Sir, I have perused your Committee’s report and I would like to raise three issues which I think are good for future consideration. The first issue is in regard to the voice of the Law Association of Zambia (LAZ) in the ratification or appointment of officers of the Judiciary. I would like to thank LAZ for its consistency in its submissions. From the time I came to Parliament, I have noted that every time the body is called upon, it gives its advice to this process all the time.

However, I am a bit concerned with your Committee’s report. As highlighted by the Chairperson of your Committee in his submission, LAZ is always encouraged to make submissions before your Committee. Sir, it is my considered view that the voice of LAZ weighs more when it appears before your Committee. I have noted in the various reports of your Committees that on a number of occasions, some important advice and submissions of LAZ have been ignored, especially when it comes to the appointment of officers in the Judiciary.

Mr Speaker, this body is important and its advice or opinion must be heeded. At least, it should be respected. I have, however, observed that its advice is ignored most of the time. This is worrisome because we are made to believe that since lawyers belong to this body, it has an idea about the conduct and performance of each lawyer. 

Secondly, we are also made to believe that this is a body for lawyers who are professionals and understand what is good for the country and the Judiciary from a legal point of view. With this consideration, I am worried about your Committee’s report that has stated that advice or submissions by LAZ have been ignored like has been the case in many other instances when, as a country, we have sought legal opinion or advice. It is my considered view that the voice of LAZ weighs more when it comes to ratifications or appointments of officers in the Judiciary.  Its voice must just be encouraged, as the Chairperson of the Committee stated, because it carries a lot of weight.

Mr Speaker, the second issue I would like to talk about relates to the Judicial Complaints Authority. In my opinion, how a particular institution, person or officer is viewed or perceived is important. We seem to have a problem here because we have possible appointments and ratifications even when the Judicial Complaints Authority has highlighted complaints raised against the nominees. However, your Committee has ignored them. For a layperson, our perception of the Judiciary and the officers that serve in it is important. I am worried about the backgrounds of certain officers whose appointments are being proposed for ratification today. For example, your Committee’s report talks about a particular nominee having been admonished, reprimanded and advised. Therefore, he/she now qualifies for appointment to a position. What is more important is how we perceive the Judiciary in general and the officers who serve in it, not what happened in the past.

Mr Speaker, just like this arm of governance is made to account, those who want to serve in the Judiciary must also be called to account. If at some point they were caught up in some issues that hinge on their professional conduct or how they are perceived in the eyes of the public, it is only right that such information be taken into consideration when making appointments otherwise we shall continue to perpetuate negative perceptions of the Judiciary.

Sir, we have read in reports of the Transparency International Zambia about the corrupt perception of certain bodies. Unfortunately, the police and the Judiciary are among those that are ranked highly because of the people who serve in those organs of the Government. I recommend that submissions of the Judicial Complaints Authority be respected in future.

Mr Speaker, there is also the issue of the timing of the appointments. While we agree that these are important appointments that must be ratified before our tenure of office comes to an end effective today, due time must be given to ratifications, particularly when you consider what it takes to remove from office someone who has been appointed and the implications of removing a High Court Judge from office. In future, appointments and ratifications must be done in such a way that it is clear in everyone’s mind that they have not been done in haste and are also above board. Unfortunately, these are matters of perception. The only intervention that we can make is that the process should be thorough.
 
Sir, in conclusion, we recognise the importance of the officers who have been appointed High Court Judges. However, it is worth noting that we are still concerned about the backlog of cases. We hope that we shall see a reduction in the number of cases pending before the courts of law with the increase in the number of Judges.

Mr Speaker, as key stakeholders, we have been a victim of this. We have had judgments pending for up to five years. It becomes an academic exercise to render judgments on cases. For example, after the dissolution of Parliament, some judgments will become academic. We hope that the officers whose appointments are being ratified will take this into serious consideration. We have had cases that have been pending in the courts of law for close to four years. These are cases that relate specifically to election petitions.

Hon. Opposition Members: Hear, hear!

Mr Belemu: Mr Speaker, we are soon going into another election and it would be sad for those who are being ratified today to wait for cases to be concluded at the end of four or five years while depriving the constituencies of representation.

Sir, I thought that I should raise these matters of serious concern. I place emphasis on the fact that the views of LAZ and the Judicial Complaints Authority to your Committee carry a lot of weight.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

Mr Mufalali (Senanga Central): Mr Speaker, thank you for giving me the opportunity to give my views on the report of your, more so that I have been given the Floor to speak at this historic moment of the end of the Fifth Session of the Eleventh National Assembly.

Sir, I have several observations on your Committee’s report. On the first page is the composition of your Committee whose majority of members were drawn from one party. There seems to be no balance in the composition of your Committee. I think we need to start balancing the composition of your Committees.

Ms Lubezhi: Hear, hear!

Mr Mufalali: I notice that your Committee is dominated by members from the Patriotic Front (PF) and they are the ones who proposed the names of the nominees.

Hon. Opposition Members: Ah!

Mr Mufalali: Sir, my second observation relates to the names of the nominees. If we are to strengthen the governance system of this country, we have to observe the rules that we have set. I am not being partisan, but you cannot have a special Committee like this one dominated by members from one party.

Hon. Opposition Members: Hear, hear!

Mr Mufalali: Mr Speaker, further, if we are to develop the human capital as a country, we have to ensure that there is balance in all areas.

Ms Lubezhi: Hear, hear!

Mr Mufalali: In this time and era, it will not help us in any way to have one side of the House dominating the other. Any country that has grown from a third world to a first world country has observed certain rules and principles that they set. Failure to do so will put us in a dilemma.

Sir, I have gone through this report which was necessitated by the amendments that were made to the Constitution. When I look at the names that have been brought to this House for ratification, I realise that we are drawing more people from one region.

Hon. Opposition Members: Ah!

Mr Mufalali: We cannot develop as a country if we continue drawing from one region. We come here and start singing “One Zambia One Nation” when, in fact, not. This is something that we should not accommodate or continue bringing to this House.

Mr Livune: Ni one Zambia, one side!

Mr Mufalali: That is not supposed to be the case. We cannot be dominated by one region. Never! We represent several regions in this House and failure to balance all the regions by allowing one region to dominate will not lead us anywhere. We need to act. All other tribes and ethnic groupings must be represented.

Hon. Opposition Members: Hear, hear!

Mr Mufalali: Mr Speaker, the Judiciary has influence in the governance system. If the governance system of a nation is dominated by one side, it will increase the levels of corruption and nepotism which is not supposed to be the case. We keep seeing the names of people from one region in the reports that are coming to the House and that is not supposed to be the case.

Hon. Opposition Members: Hear, hear!

Mr Mufalali:  Mr Speaker, the seconder of the Motion said that the appointment of Judges should be scrutinised. These positions should be advertised because I do not believe that there are no qualified lawyers in Senanga, for instance. I do not believe that there are no qualified lawyers in Barotseland or the Western Province who are competent enough to be appointed Judges. I do not believe so. I have read through this report and I can tell from the names that the nominees are from one region. That is not supposed to be the case.

Ms Lubezhi: Hear, hear!

Mr Mufalali: Sir, the people I represent should also benefit from the national cake. I get angry when this happens because the people I represent deserve to have an equal share of the national cake.

Hon. UPND Members: Hear, hear!

Mr Mufalali: Mr Speaker, when the Constitution was amended, one of the clauses stated that Parliamentarians must have Grade 12 Certificates. These issues are coming up because the nation has realised that we need to up the game. We need to have the right people to manage these positions.

Sir, allow me to talk about something I have also observed in your Committee’s report. In the morning, I used the word, “argument” and someone said that I did not put up an argument. According to the British Dictionary, an argument …

Mr Speaker: Just pause for a moment. Are you suggesting that you are going back to the debate on the Constitution?
Mr Mufalali: No, Sir.

Mr Speaker: Is this related to …

Mr Mufalali: Yes, it is related to the argument in your Committee’s report, Sir.

Mr Speaker: Who is arguing in that report?

Mr Mufalali: Mr Speaker, I actually wanted to give a definition of the word argument.

Mr Speaker: No! Who is arguing in that report?

Mr Mufalali: The argument in this report? An argument is a process of reasoning.

Mr Speaker: There is no argument in a report. A Committee does not argue. It submits.

Mr Mufalali: Mr Speaker, I am putting forward a process of reasoning.

Interruptions

Mr Speaker: Hon.  Member, take a seat. The issue, which was addressed in the morning, is over. I made a comment that I was concerned about the reference to the word “argument”. We do not argue, especially in the context of a report. I do not think it is fair to say that members of this Committee have been arguing. Arguing over what? I know you are trying to seize this opportunity to come back to an issue which has passed. My ruling, hon. Member for Senanga, is that the issue is water under the bridge.

Continue with your submission on the report.

Ms Lubezhi: Hear, hear!

Mr Mufalali: Mr Speaker, I will interrogate this report.

Mr Livune: Hear, hear!

Mr Mufalali: What I have brought forth so far are issues that are in your Committee’s report which are clear. We have noticed that the appointing authority appoints people from one region. This is a fact. This cannot be allowed to continue if we have to strengthen our governance structures and systems. We must ensure that we choose people from other regions so that there is  equal representation in the judicial system of this country.

Hon. UPND Members: Hear, hear!

Mr Mufalali: Mr Speaker, on page 19 of your Committee’s report are observations and recommendations. It reads:

“23. Your Committee observes that as regards the nominee, Mr Mathews Likuba Zulu, the Law Association of Zambia questioned his experience in adjudication as he had spent most of his time in the Judiciary performing administrative rather than adjudicative functions.”

Mr Speaker, like Hon. Belemu said earlier, the Law Association of Zambia (LAZ) raised some doubts about the nominee’s appointment because he has spent a lot of time doing administration work. LAZ, which is one of the institutions in our governance system that should ensure that we do not do things blindly, has mentioned that the nominee has spent most of his working time as an administrator. It is, therefore, surprising that we want to give him such a big responsibility of Judge. What type of judgments is he going to pass? LAZ has questioned his capability, yet we want to go ahead and ratify his appointment.

Mr Speaker, the Judicial Complaints Commission observed that ...

Interruptions

Mr Speaker: Order, on the right!

Continue, hon. Member.

Mr Mufalali: .... Mr Zulu had a complaint pending hearing before the commission. Your Committee’s report further states:

“Your Committee noted that the complaint before the Commission, which related to one delayed judgment, was not sufficient reason to deny the Nominee appointment as a High Court Judge.”

Mr Speaker, I am amazed that we want to give a job to someone whom the Judicial Complaints Commission has said has delayed judgments. According to your Committee’s report, he is an underperformer. Why do you want to give him a bigger responsibility? Like the late President said, may his soul rest in peace, if there are any grounds on which to remove a Judge from office, it is failure to deliver judgments on time. That is why he appointed a commission of inquiry to look into one person’s failure to deliver judgments on time. Why should we give a job to someone who cannot deliver judgments on time? I do not think we are being fair to the country. That is the reason it is said that we do not read and we do not seem to assimilate things that are brought before us. I think that we need more time to scrutinise him further and give him time to improve.

Mr Speaker, we always complain about delayed judgments, yet we want to give a job to someone who has failed to deliver judgments on time. Why are we giving jobs to people who cannot perform? In this House, we normally say that we want people who can perform. That is what we want for this country. The economy will continue going down because we approve the appointment of people who cannot perform.

Hon. UPND Members: Hear, hear!
Mr Mufalali: Mr Speaker, we cannot continue doing things that way. I do not support this. I have no grudge against any of the nominees, but I think there is a need to give some of them time to improve. Otherwise, there is no need to ratify their appointments even when we know that they have failed to perform.  

Mr Speaker, Mr Sunday Nkonde Bwalya has vast experience. However, your Committee’s report says that he is associated with some company and we want to ignore this observation. LAZ and other organisations that help in the governance system of the country do not exist in a vacuum. They exist for a reason. It is from these institutions that we draw our strength. So, let us be strict about ratifications.

Mr Speaker, in other jurisdictions, it is not easy to become a Judge, but we want to cheapen the job of a Judge when it is not supposed to be the case.

Sir, I have looked at some of the résumés or curriculum vitaes (CVs) and I have …

Mr Livune: Hear, hear!

Résumés!

Laughter

Mr Mufalali: Sir, some of the nominees worked as shopkeepers, Permanent Secretaries (PS), Tesco PLC in the United Kingdom (UK) and so on and so forth.

Laughter

Mr Mufalali: Sir, if you analyse the CVs of the nominees critically, you will find that they do not have the ten or eleven years minimum experience at the Bar. Like I said earlier, we are cheapening the job of Judge. I am not comfortable with the appointment of the nominees. Since the names of the nominees are already before the House, we shall accept them but, next time, please, ensure that the nominees for the position of Judge are properly scruitinised because this is a serious job. Once someone has been appointed, it is not easy to remove them from office. We do not want to have commissions of inquiry to look into the underperformance of Judges. This is not supposed to be the case.

Mr Speaker, if we are not going to take seriously what the witnesses who appear before your Committees say, then, whatever we are doing is in vain.

Sir, when the commissioners from the Anti-Corruption Commission (ACC) appeared before your Committee, they had no idea about the background of the nominees. When the members of your Committee tried to inquire from them about the nominees, they said it was not in their jurisdiction to say anything. One tends to wonder whether other institutions can give information to your Committees if an institution such as the ACC can fail to avail it information on the nominees.

Sir, the police also did not have much information on the nominees other than what was on the national registration cards (NRCs).

Laughter

Mr Mufalali: Mr Speaker, this simply shows that people are not serious about ratifications of nominees. It is, therefore, important that nominees are scruitinised thoroughly. People should not come before a Parliamentary Committee and tell the members that they got the names of the villages of nominees from their NRCs. It is not supposed to be like that.

Mr Speaker, Article 141(d) of the Constitution states that a person qualifies for appointment as Judge if that person is of a proven integrity and has been a legal practitioner.

Sir, from the résumés of the nominees, I can tell that the issue of integrity has not been considered in the ratification. Consequently, we are giving a dignified job to people who still need more experience. We are pushing them to be Judges when they are not ready. The result of this will be judgments that will be questioned. If anything, they will deliver half-baked judgments which will not be in the interest of anyone. Any right-thinking Zambian or Parliamentarian should not allow this situation to continue.

Mr Speaker, I would have loved to continue. However, with these few remarks, I thank you.

 Hon. UPND Members: Hear, hear!

 Mr Speaker: Order!

I am compelled to clarify one issue, which the hon. Member for Senanga has raised, relating to the composition of the Select Committee being lopsided in favour of presumably one political party

Hon. UPND Member: PF!

 Mr Speaker: One person has already whispered, “PF”.

Those of us who have copies of the reports, let us go to page 21 that says:

 “The Chairperson of the Committee is Hon. M. Simfukwe, MP – MMD;

 Mr P. Phiri, MP – MMD;

 Mr S. Chungu, MP – PF;  
 
Mr M. Katambo, MP – PF;

Mr A. Kasandwe, MP – PF;

Dr C. Kalila, MP – MMD;

Mr R. Muntanga, MP – UPND;

Ms G. Imenda, MP – ADD; and

Mr R. Mwewa, MP – PF.

Interruptions

Mr Speaker: Order!

Just wait.

There was another Member on this Committee, Hon. Jack Mwiimbu.

 Mr Mwiimbu: I withdrew.

 Mr Speaker: No! Do not comment. There was another Member, Hon. Jack Mwiimbu, MP – UPND, who withdrew.

 Let us add the figures.  Four members are from the Patriotic Front (PF) and three from are the Movement from Multi-party Democracy (MMD). If Hon. Jack Mwiimbu had not withdrawn his membership, there were going to be two members from the United Party for National Development (UPND).

 Ms Lubezhi interjected.

Mr Speaker: Order! Order!

One is from the Alliance for Democracy and Development (ADD). The total of three, two and one is six. Therefore, there are six members from the Opposition against four from the PF.

 Interruptions

Mr Speaker: Order! Order!

 Hon. Members, let me continue. I have been in this seat for the past five years.

Mr Livune: Hear, hear!

Mr Speaker: There can never be a Select Committee where one party carries the day. That is the logic. That is the practice I found and honour. I want to repeat that there is no party that can carry the day. Like I said earlier, there are six Members from the Opposition on this Committee while four are from the Ruling Party. So, how do you say that the majority are from the PF?

 Hon. UPND Members: Alliances!

 Mr Speaker: Order! Order!

 Forget about the alliances.

 Laughter

Mr Speaker: Alliances have nothing to do with the Speaker. Anyway, I wanted to make this clarification. I do not expect any comments or points on this. The hon. Member for Senanga has said that the majority of the members of the Committee are from one political party, which is not correct.

Hon. UPND Members: Hear, hear!

Mr Nkombo (Mazabuka Central): Mr Speaker, let me congratulate you, Sir, on taking a moment to go through the composition of your Committee. I suppose it was necessary for you to do that. How I only wish you could have done the same for the nominees because …

 Mr Speaker: Order!

 I know your comment is well meant. I will take it as such because it was made in good faith and I have no doubt about that. Actually, in other Houses, the Speakers descend from the seat in order to participate in the debate. However, I do not have that privilege. I am not complaining, but giving an illustration.

 Laughter

 Mr Speaker: Therefore, even if I hold a strong view on any subject, I can never express myself from where I am seated. I am just responding to how you wish I could also go through the names of the nominees because I cannot do that on any matter. I am gagged by the rules. I was slow to respond to the issue of the composition of Committees, but I realise that I am the only person who could respond because I am the composer.

Laughter

Mr Speaker: So, I am the only one who is answerable to the composition of Committees. Let me reiterate that I have made sure that no party dominates a Committee.

Hon. UPND Members: Hear, hear!

Mr Nkombo: Sir, merci beaucoup. Thank you very much. The English say that if wishes were horses, then beggars would ride them.

Mr Speaker, I am glad you understand that my opening remarks were made in good faith because I wished that you could also go through the composition of your Committees. Now that you are unable to do that, I will do it from where I am standing. However, before I do that, I will refer to what the seconder said when he quoted the Act. Article 259(2) of the Constitution of Zambia states that:

“A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.”

Interruptions

Mr Speaker: Order, on the right!

Mr Nkombo: Mr Speaker, you clearly stated that you are not the one being referred to in this piece of legislation. So, I will address the person who is charged with this responsibility. In this case, it is the President.

Sir, my colleagues have talked about regional balancing.

Ms Lubezhi: Hear, hear!

Mr Nkombo: I have no doubt about the qualification of the nominees. I cannot downplay anyone’s qualification because I am sure that they all qualify. However, I wish to refer to the law that I have just quoted. The first nominee is Mr Matthews Likuba Zulu, needless to say where he comes from. There is Mr Charles Zulu, needless to say where he also comes from. There is …

Mr Kambwili interjected.

Mr Speaker: Order! Order!

Mr Nkombo: Mr Kambwili, keep quiet!

Interruptions

Mr Nkombo: The doctor.

Mr Speaker: Hon. Nkombo, let me deal with that.

Mr Nkombo: Control the doctor.

Mr Speaker: Hon. Kambwili, …

Mr Nkombo: The doctor is misbehaving.

Mr Speaker: … I am sure you know even without demonstration …

Mr Kambwili interjected.
Mr Speaker: No! That is unacceptable.

Interruptions

Mr Speaker: There is no need to do that. You see, democracy requires tolerance of divergent views. That is the essence of democracy. You have to tolerate different viewpoints whether you agree with them or not.

Mr Nkombo rose in his seat.

Mr Speaker: Sorry, one more minute, hon. Member.

Mr Nkombo resumed his seat.

Mr Speaker: This is the last day of the meeting. So, let us not complicate matters. I have made certain vows which I want to keep. So, help me keep them.

Interruptions

Mr Speaker: Let us have order!

Let the hon. Member debate freely whether or not you like his view point.

Mr Nkombo: Sir, once again, thank you for your wise counsel. I began my debate by quoting the Constitution to avoid any doubt. I know I belong to an ethnic grouping, but that is beyond me. Those who think it is their business can continue heckling while I quote the law.

Mr Speaker: Continue debating.

Mr Nkombo: It is part of the debate.

Mr Chikwanda: I am learning.

Mr Nkombo: Sir, it is fine for Hon. Chikwanda to learn from me because he, too, has said so. This House enacted this law. In addition, the citizens of this country have asked many times why we, in this legislative assembly, pass laws without reading them. I am referring to a piece of law relating …

Laughter

Mr Speaker: Continue, hon. Member.

Mr Nkombo: Yes, I am continuing, Sir.

Laughter

Mr Nkombo: … to how appointments should be made. It was not authored by Gary Nkombo, but is an Act of Parliament that was passed around 02:30 hours in the last meeting. Some people were sleeping while others were awake when this law was passed. Now they want to argue …

Mr Speaker: Now you are diverting from the topic at hand. Just concentrate on your debate. Do not address issues on a personal level.

Mr Nkombo: Mr Speaker, let me quote what the law states. Article 259(2), inter alia its provisions states that:

“A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.”

Hon. UPND Members: Hear, hear!

Mr Speaker: Order!

Hon. Government Members: Where possible!

Mr Nkombo: Mr Speaker, let me now talk about the nominees. I am sure Mr Matthews Likuba Zulu was admitted to the Bar. In view of this, he qualifies for appointment. Like I said earlier, I have no issue with the academic qualifications of these learned individuals. In fact, as I proceed with my debate, you will learn that I know most of the learned nominees because they were my subordinates at the University of Zambia (UNZA). So, they are adequately qualified. The point I am putting across stems from Article 259(2) of the Constitution which, if we were to be overzealous, we would say has been abrogated.

Sir, you will recall that when we were ratifying the appointment of commissioners for the Human Rights Commission (HRC), the issue of gender balancing was discussed and certain names were withdrawn in order to accommodate the law. I must say that on the issue of gender balancing, I am happy because there are many women being nominated. However, this does not take away the fact that the appointing authority forgets, does it on purpose or is being regional or tribal when he decides to select many Lundas, Luvales, Tongas, Luchazis …

Mr Muchima: Lozi.

Mr Nkombo: … and Lozi from a pool of lawyers.

Mr Speaker, the composition of the nominees is wanting. I am privy to the indisputable fact that the Judicial Service Commission (JSC) was asked whether the nominees applied for the positions, and the criterion used to select them. The JSC were quick to say that they were selected by identification or head hunting. The hon. Minister of Justice appeared before your Committee …

Mr Nkombo loosened his tie.
Mr Nkombo: Sorry, Sir, I know it is hot in here.

Mr Speaker: No! Go ahead.

Laughter

Mr Nkombo: … and was also asked how the identification of the nominees was done and he was gracious enough to say that he had to check what happened.

Sir, I have been waiting for the hon. Minister to report back to your Committee in regard to the composition of the nominees. I think that by implication, the hon. Minister somewhat agreed that your Committee’s observation was correct.

Mr Speaker, let me declare interest on one of the nominees, Mrs Maria Mapani-Kawimbe, who is my younger sister. However, this does not mean that you must use her as lacing while ignoring the other bigger tribes like Lozis, Kaondes, Lundas and so on and so forth.

Interruptions

Hon. Government Members: Tribalism!

Mr Nkombo: Your time to debate will come. Allow me the pleasure of telling the people of this country how imbalanced the appointments by the appointing authority were, in this case, the President of the Republic of Zambia.

Sir, I also wish to declare interest on my other younger sister, Ms Bubile Grace Lungu.

Ms Kawandami: Yaaba, sure!

Laughter

Mr Nkombo: She is my younger sister. These are ‘girls’ who went to the University of Zambia (UNZA) when I was in my final year.

Laughter

Mr Nkombo: I have no problems with their qualifications because I know they have what it takes to be Judges. However, my concern is that the President, who is the appointing authority, should have cast his net wide in when nominating people. In Tonga, we say, kunomona, meaning to nominate. The English borrowed that word from the Tongas.

Laughter

Mr Nkombo: Kunomona means to pick from different places or to nominate.

Laughter

Hon. Opposition Members: Hear, hear!

Mr Nkombo: The President should have done that in accordance with the Constitution, but he failed to do so.

Mr Speaker, let me now come to the substantive issue regarding the conduct of Judges. These people are part and parcel of balancing our society. So, they act as a pillar in a democratic dispensation. They are an institutional pillar of democracy.

Sir, allow me to share a concern I have observed in the Judiciary. Some of us have been in the Opposition almost all our lives and have learnt lessons from the Judiciary on how they can be blatantly unfair sometimes. I hope that these noble men and women whose appointment we are ratifying today will not fall in the same trap as certain Judges who are serving at high levels.

For instance, Sir, I am sure you all remember the historic Kanyama Rally that the United Party for National Development (UPND) was schedule to hold when a certain Inspector-General of Police who is no longer in office decided to cancel it using a football match on the Copperbelt as an excuse.

Sir, I am trying to be positive. I wish to mention that people who behave positively must be given accolades. After the police permit was cancelled, we appealed to court. We followed all the channels through the then Minister of Justice who I cannot remember now. It could have been the current Republican President. However, we drew a blank. We presented our case before Justice Justine Chashi in the High Court who overturned the earlier decision by allowing us to go ahead with the meeting because we had the right to freedom of assembly and freedom to express ourselves.

However, when we went back to Kanyama, the Patriotic Front (PF) told the other Judge not to attend to us. So, Hon. Jack Mwiimbu and I went back to his office, but he ran away. We then went to his house at 2230 hours, but to no avail. May I take this opportunity, Sir, to say that Justice Chashi is a noble person and I would like to urge the nominees to emulate people like him.

When we went to his house, the son told us that he was not around, which was totally unprofessional. Hon. Mwiimbu and I decided to wait for him and we waited up to midnight until the son told us that he was going to call the police for criminal trespass.

Laughter

Mr Nkombo: This was a High Court Judge.

Hon. Opposition Members: Shame!

Mr Nkombo: As it were, we believed we had done our part and proceeded to Kanyama for the rally. The rest is history, as you know what transpired thereafter. Our people were brutalised despite a High Court Order that allowed us to go ahead and assemble. I pray that the honourable ladies and gentlemen whose appointments are being ratified will not misbehave like the Judge did. Following this, he did not last long in the job. As you may know, Sir, human beings come and go, but institutions remain. Today, we are all leaving.

Laughter

Mr Nkombo: Some of us will come back while others will not. As the saying goes, the time of reckoning will come and this is the time of reckoning. I am speaking factually in order to relate to the honourable men and women, most of who are from one region, who have been appointed High Court Judges.

Mr Speaker, Mr Sunday Bwalya Nkonde, SC., and I have been friends since the time we were both students at UNZA. According to the report of your Committee, when he was quizzed about his involvement in Tedworth Properties, his response was succinct and clear.

Without bringing the Chair into this debate, he was once a lawyer …

Mr Speaker: You have already brought me into your debate.

Laughter

Mr Speaker: I should not be brought into your debate.

Mr Nkombo: I withdraw that, Sir.

However, the point I am trying to put across is that lawyers represent people who are presumed innocent until proven guilty. Some lawyers represent hardcore murderers or criminals. Even the suspects who were caught in relation to the recent ritual murders have lawyers to represent them. If they cannot afford the legal fees, I am sure they will get some representation from the Legal Aid Board because it is their entitlement.

Mr Nkonde, SC., is a State Counsel. So, I wonder how the Law Association of Zambia (LAZ) or whoever it was could say that there were issues concerning him. It gives me the impression that people can create skeletons in people’s closets when there are none. Mr Nkonde SC., should not be a victim of such innuendos.

Sir, I know of someone who has been a victim of unwarranted innuendos. He has served this country in his private capacity and is one of the most celebrated chartered accountants. He served in the private sector at Coopers and Lybrand and Grant Thornton. Now that he wants to serve the country as President, there is constant reference to the Government having contracted him to do certain pieces of work during the Privatisation Exercise.

Mr Speaker: Are we still on the same report?

Mr Nkombo: I am making a comparison between Mr Nkonde, SC., and Mr Hichilema.
Mr Speaker: Hon. Member, the problem is that you are bringing into debate somebody who is not here. We do not debate people who are not here either positively or negatively. However, you can talk about Mr Nkonde, SC., and the others because they are nominees.

Mr Nkombo: I take your guidance.

Mr Speaker, Mr Nkonde, SC., the lawyer for late President Dr Fredrick Titus Jacob Chiluba, also suffered brutal attacks. There are hon. Members in here who served in Dr Chiluba’s Cabinet. At least, I can see one there and another one over there.

Laughter

Mr Nkombo: Mr Nkonde, SC., was simply brought in to represent Tedworth Properties as its lawyer. Firstly, as a lawyer, one is also a business person and he/she wants to make money. I am sure that he also made some money. However, there is nowhere in the history of Mr Nkonde, SC., where it says that he was convicted or summoned by the police for an offence he had committed. Equally, the other individual I referred to ...

Laughter

Mr Nkombo: … has never been called by the police to answer queries relating to Tedworth Properties. He has never been summoned to answer charges relating to the privatisation and the Taskforce on Privatisation.

Mr Speaker: Order!

Hon. Member for Mazabuka Central, you are debating so well but, at the same time, you are trying to bring in an issue which is not part of our business.

Mr Nkombo: Sir, thank you.

Mr Speaker: That much you know very well, especially as a Whip.

Mr Nkombo: I think Mr Nkonde, SC., should not be a victim of the past. He must be allowed to serve as High Court Judge. He is a good and social man just like the person who appointed him. However, this goes beyond just being social and drinking mates. The person appointing nominees should address the issue of regionalism.

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

Mr Speaker: No points of order.

Mr Nkombo: Sir, the relationship should go beyond pints of beer. However, I support the report of your Committee and also wish I could call some of the nominees youngsters because that is what they were when we were studying at UNZA.

Mr Speaker: Well, they are no longer youngsters.

Mr Nkombo: Mr Speaker, the hon. Learned Judges have been appointed at a productive time of their lives to offer service to their country. Human beings come and go, but institutions remain. I would like to urge those who will come to work with the nominees to give them time to grow in their new profession as Judges so that they can serve their country to the best of their abilities like the Judge who locked himself in the bedroom when he was served with some court documents from a fellow Judge.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

Dr Simbyakula: Mr Speaker, I wish to pay tribute to all the members of the Select Committee for thoroughly scrutinising the suitability of the Presidential appointments of the nominees whose names are before the House for ratification.

Sir, to start with, Article 140 of the Constitution of Zambia provides for the appointment of Judges. It provides that:

“The President shall, on recommendation of the Judicial Service Commission (JSC) and subject to ratification by the National Assembly, appoint these members.”

Sir, I just want the House to know that the Law Association of Zambia (LAZ) is represented on the JSC. So, LAZ participates in the head-hunting of nominees.

Mr Speaker, a while ago, the House ratified the appointment of Judges of the Court of Appeal. As I stated earlier, all the persons whose appointments as Judges of the Court of Appeal have been ratified by the House were hitherto serving as Puisne or High Court Judges who have now been elevated to the Court of Appeal. This has, therefore, created several vacancies on the High Court Bench, which needs to be filled immediately to avoid creating a vacuum in the High Court.

Sir, as the House will note from the report of the Select Committee, the nominees constitute a rich blend of legal practitioners with diverse experiences and backgrounds from the public sector, private practice as well as the Bench. They have all acquitted themselves well. Therefore, they are all suitably qualified for appointment as Puisne Judges since they meet the requisite constitutional requirements.

Mr Speaker, to comment on the observations made by the seconder of the Motion, the hon. Member of Parliament for Kalomo Central, with respect to equitable representation of the youth and persons who are physically challenged, I wish to say that since he was a member of the Select Committee, he must have noticed that one of the nominees was actually physically challenged.

The hon. Members of Parliament for Senanga and Mazabuka Central debated extensively on the issue of regional balancing. I would like to advise the two hon. Members to look at the Judiciary as a whole and not just one set of nominees that has been brought to the House. This House has ratified many nominees to sit on the High Court, Court of Appeal, Constitutional Court and Supreme Court benches. So, people should look at the entire Judiciary and not just one set of appointees before they can start making those long debates on regional balancing. In any case, there are still more Judges to be appointed. The House will recall that the other week, we passed the Superior Courts Number of Judges Bill and the numbers of people required to serve under that court was clearly stipulated. So, there are more Judges to be appointed. Obviously, the issues raised by the two hon. Members will be addressed.

Mr Speaker, the hon. Member for Senanga debated one nominee by the name of Mathews Zulu at length. If the hon. Member has cared to look at the report, particularly the curriculum vitae (CV) or résumé for Mr Zulu, he would have seen the experience that Mr Zulu is bringing to the Bench. Mr Zulu was appointed Magistrate Class III in 2003. He rose to the position of Resident Magistrate and later became Special Assistant to the Chief Justice on Legal Matters. Later, he was elevated to the position of Senior Resident Magistrate. Further, he was elevated to the position of Principal Resident Magistrate where he was a supervisor of Magistrates below the position of Principal Resident Magistrate. He further rose to the position of Chief Resident Magistrate where he supervised Magistrates below Chief Resident Magistrate. The magistrates under him included Principal Resident Magistrates, Resident Magistrates, and Senior Resident Magistrates, among others.

Sir, Mr Mathews Zulu was later elevated to the position of Deputy Director of the Supreme Court. The Deputy Director of the Supreme Court is in charge of the Supreme Court Registry and all matters pertaining to the Supreme Court. Mr Zulu was later appointed to the position of Registrar of the High Court and Director of Court Operations. The Registrar is the Chief Legal Advisor to the Chief Justice, Secretary of the Judicial Service Commission (JSC), and is responsible for directing and co-ordinating operations of all court operations and monitoring the case flow management.

Hon. Government Members: Mm!

Mr Speaker: Hon. Members, let us respond in the customary way.

Hon. Opposition Members: Hear, hear!

Mr Speaker: Not innovations.

Laughter

Dr Simbyakula: Mr Speaker, let me repeat what I said. He monitors the case flow management.

Hon. Government Members: Hear, hear!

Dr Simbyakula: I hope hon. Members know what that means. This is a critical component ...

Laughter

Dr Simbyakula: ... in the dispensation of justice. The Registrar is also in charge of the preparation of all court returns countrywide and receives, considers and provides redress to all complainants from within the Judiciary and from the general public. In other words, he is the overseer of all court operations in the country. He is also the supervisor of the ten Deputy Directors in charge of court operations. These are Supreme Court, High Court, Subordinate Courts, Chambers, Commercial List, the Industrial Relations Court, Kitwe and Ndola High Courts, etc. This is a person from the Bench and with immense experience, hon. Member for Senanga.

Hon. Government Members: Hear, hear!

Mr Mwila: He has run away.

Dr Simbyakula: As I have said, this is a mixed list of people from private and public practice, and the Bench. That is what is taken into consideration when one to being appointed to the position of Puisne Judge.

Sir, we could not agree more with your Committee that these men and women are suitably qualified for appointment as Puisne Judges. For some of us who have had the privilege to interact with some of them during their early academic life, it gives us immense pleasure to see them blossom into such fine lawyers and ascend to high judicial office.

Mr Speaker, I would like to thank all those who have debated these appointments, for and against, and urge the House to support their ratification.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Simfukwe: Mr Speaker, I wish to thank the House for supporting this Motion, including those that have supported quietly. In particular, I wish to thank the hon. Members for Mbabala, Senanga and Mazabuka Central for contributing to the debate on this Motion.

Mr Speaker, I thank you.

Question put and agreed to.

_________

BILLS

SECOND READING

THE TRANSITIONAL PERIOD AND INAUGURATION OF PRESIDENT BILL, 2016

The Minister of Works and Supply, Chief Whip and Acting Leader of Government Business in the House (Mr Mukanga): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, Article 105 of the Constitution (Amendment) Act No. 2 of 2016 provides for the transitional period before the President-elect assumes office, while Article 106 provides for the assumption of office. The Transitional Period and Inauguration of President Bill, 2016 is consequential legislation to the Constitution. It is, therefore, necessary that this legislation be enacted.

Mr Speaker, the objects of the Bill are to provide for:

(a) the administration and security procedures during the transitional period;

(b) the procedure for safeguarding public documents and information during the transitional period;

(c) the procedures and formalities for the inauguration and assumption of Office of President by the President-elect;

(d) the venue and place for the inauguration ceremony;

(e) the process for the handover of the symbols and instruments of Office and the presidency by the former President to the President;

(f) the procedures relating to the transitional period when a President dies in office;

(g) the funding of the inauguration ceremony; and

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

Mr Speaker, the transitional process is procedural and cannot be avoided, considering that the country will hold General Elections in three months time. It is in this regard that I urge and solicit for the support of the House.

Mr Speaker, I beg to move.

Mr Mweetwa (Choma Central): Mr Speaker, Standing Orders No. 157 sets out the terms of reference of your Committee and provides that it may consider any Bills referred to it by the House. In line with this, your Committee was tasked to scrutinise the Transitional Period and Inauguration of President Bill, 2016. In order to acquaint itself with the ramifications of the Bill, your Committee sought both written and oral submissions from stakeholders.

From the outset, I would like to state that the Bill is non-contentious in that it conforms to the provisions of the Constitution of Zambia. Article 105 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 provides for the transition period before the President-elect assumes office, while Article 106 provides for the assumption of office. The Transitional Period and Inauguration of President Bill, 2016 is consequential legislation to the Constitution. It is, therefore, necessary that this legislation be enacted.

Sir, while supporting the Bill, your Committee has only one concern which relates to Clause 23 of the Bill which obligates the Inauguration Committee to publish and publicise all important information within its mandate affecting the nation. Clause 23(3) prescribes the circumstances under which the information so requested may not be availed to the person requesting it. Your Committee observes that sub-clause (3) is made subject to Article 35 of the Constitution. In addition, sub-clause (4) provides that:

“The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section.”

Mr Speaker, it is evident that Article 35 being referred to in sub-clause (3) and (4) of Clause 23 deals with the right of access to information. Your Committee, however, observes that reference to Article 35 is erroneous because Article 35 of the Constitution, as amended by Act No. 2 of 2016, deals with the subject of citizenship by birth. In addition, none of the Articles in Part III of the Bill of Rights, which has not been altered by Act No. 2 of 2016, provides for the right of access to information.

Sir, for the information of the House, Article 35 being referred to is found in the Final Draft Constitution of the Technical Committee on Drafting the Zambian Constitution which has not been enacted under Act No. 2 of 2016. Therefore, since Article 35 is non-existent, your Committee recommends that reference to Article 35 in Clause 23(3) and (4) be deleted.

Mr Speaker, your Committee supports the enactment of the Transitional Period and Inauguration of President Bill, 2016. It has also observed that the enactment of the law will help ensure a smooth transition and inauguration into office of the President-elect. Further, the new law will ensure a smooth transition in the unfortunate event of the death of a sitting President. In addition, the new law will help to ensure that public documents and information are safeguarded during the transition period.

Mr Speaker, on behalf of your Committee, I wish to express our gratitude to you, Sir, for granting us the opportunity to scrutinise the Transitional Period and Inauguration of President Bill, 2016.

Your Committee also wishes to thank the Office of the Clerk of the National Assembly for the support rendered to it throughout its deliberations. It is indebted to all the witnesses who appeared before it for their co-operation in providing the necessary briefs.

Mr Speaker, I thank you.

Mr Mwiimbu (Monze Central): Mr Speaker, I thank you for according me the opportunity to debate this Bill.

Mr Speaker, I am made to understand that this Bill is anchored on Article 106 as read with Article 173 of the Constitution of Zambia.

Mr Speaker, I have scrutinised the Constitution of Zambia Act and have not found a provision under this Article of the Constitution of Zambia that gives the Government or the hon. Minister of Justice power to prescribe the transition period.

Mr Speaker, the Constitution of Zambia Act is elaborate. I would like to challenge the hon. Minister of Justice to tell me and the nation which Article has given him or the Government power to prescribe the transition period. There is none. The assumption that the period of transition of power should be prescribed should have been made under a different Constitution and not this one. It is not there. The Articles under the Constitution are prescriptive and clear. There is nowhere in the Constitution where it says that Parliament shall prescribe the transition arrangement.

Mr Speaker: Sorry, I do not have a copy of the Constitution on the Table. Which Article are you refereeing to, hon.  Member?

Mr Mwiimbu: Mr Speaker, I am referring to Article 104. Let me correct myself, Mr Speaker, it is actually Article 105.

Laughter

Mr Speaker: Yes, I am on it.

Mr Mwiimbu: I was saying that there is nowhere in this Article where it says that the period of transition of power should be prescribed. The Article is self regulatory and has detailed the procedures that should be followed when there is a transition.

Sir, if I am mistaken, I stand to be corrected. However, I stand on firm ground that there is no such provision under the Article. I do not know where the authority is being derived from. I am not against what is being proposed. If it is a moral argument, I have no problem. However, I have difficulty saying that it is anchored on the Constitution of Zambia because this provision is not there.

Mr Speaker, as indicated earlier, I have no problem with this if the law has provided for it. However, I have difficulty appreciating that you are providing such a law because of the constitutional provisions when there are not there in the Constitution. 

Mr Speaker, nonetheless, I am comforted by the fact that this year, there will be a change of Government ...

Hon. UPND Members: Hear, hear!
Hon. Government Members: Question!

Mr Mwiimbu: ... and a transition. By operation of the law, I have no doubt that there will be a different Government in power after 11th August, 2016 and these things will be regulated.
 
Interruptions

Mr Speaker: Maybe, I am not following your debate. What do you mean when you say that there will be a different Government in power? I just want to be clear.

Mr Mwiimbu: Mr Speaker, I am saying that there will be General Elections.

Mr Speaker: Yes, I am following that.

Mr Mwiimbu: The people of Zambia will elect a new President and there will be a term of office for that new President. Then, the new President will not agree with what is being proposed.

Mr Speaker: Let me get you clearly. Are you saying that there could be a new President or a President could be re-elected? Is that what you are saying?

Mr Mwiimbu: Mr Speaker, that is not what I am saying because that is almost impossible.

Interruptions

Mr Speaker: If that is not what you are saying, then, I have problem.

Laughter

Mr Speaker: You see, when we are legislating, we should provide for all eventualities.

Hon. Members: Yes.

Mr Mwale: And for disappointment.

Mr Speaker: All of us seated in here are legislators regardless of our political affiliation. There is no political grouping that can legislate alone. It has to be in consent. So, when we are working out permutations, we should be holistic. I was hoping that your submission would include a new President or a re-election, but you are saying that you are only referring to a new President, which is a very poor way of legislating.

Obviously, as you know, I have counselled that we should not posture over the outcome of the elections. The decision will not be made by us in here, but the people of Zambia.

You may continue.

Mr Mwiimbu: Mr Speaker, what I meant was that I, too, will come for the first term after 2011 under a new Constitution. Assuming that what the Governemnt is wishing for happened, it will be under a new term and a new presidency. That is what I am saying, Mr Speaker.

Mr Speaker: I do not think that anybody should be wishing for anything. We are legislating here.

Mr Mwiimbu: I am talking about a new presidency. Whether from this side or the other side, it will be new.

Mr Speaker: Anyway, I think I have made my point.

Mr Mwiimbu: Mr Speaker, I thank you.

Mr Speaker, the point I am making is that it is a good piece of legislation, but is not anchored in the Constitution because there is no provision in it that gives the hon. Minister the power to come up with this particular legislation. It is not there.

With those few remarks, I would like to support this moral argument by the Government that is not based on the Constitution.

Mr Speaker, I thank you.

Mr Speaker: In fact, it is a Bill.

Mr Hamududu (Bweengwa): Mr Speaker, over the years, I have observed something about our country. I have nothing against this legislation. However, my concern is the lack of modesty in the way we do things. We are a country that likes ceremonies. Every simple thing is a ceremony that requires colossal sums of money.

For instance, reports on the expenditure on the funerals of our late Presidents show outrageous amounts. This is not a kingdom, it is a democratic Republic. Therefore, we must not exaggerate expenditure on ceremonies such as those for handing over power. Why do we want to spend a lot of money on handing over power? We want to invite many people to this ceremony and deprive the people of Zambia services because we would have spent a lot of money on the ceremony. I hope the so-called committees that are being formed to handle the transition of power will not be as excessive as the previous committees. There is nothing special about handing over power. I think spending so much money on ceremonies is tantamount to State capture. It is like the key operatives in the Government want to show their faces to the new boss at the expense of poor people. They are all in the handover committee so we can see that they are there.  We know that they are there.

Sir, the Government is only interested in issues of power such as the handing over of the Constitution, the national flag and Presidential standards. There is no national vision being handed over. Power has got to our heads. Whoever will take over must also be given the vision of the country. We failed to enact a Constitution that meets the aspirations of the people because we have just been politicking. This is a disaster.

Mr Speaker, the issue of the venue for the inauguration of the President is not clear. It may be alright not to prescribe the date for the inauguration in the Bill, but the venue should be clear. We have a spacious Parliament. So, the inauguration ceremony could be held at Parliament. When someone becomes President, he/she may want to go to the National Heroes Stadium for his/her inauguration. Another person may want to have his/her inauguration in Chalimbana.

Laughter

Mr Hamududu: Sir, why can we not have a simple framework? If one inauguration will be held at the High Court, let all other inaugurations continue to be held there. The inauguration for the late President Chiluba was at the High Court. The inauguration for the other person was at Parliament Buildings and we have continued to change the venue. The handover committees are always innovative. When we finally audit the finances spent on the transition of power, we shall find that the expenditure is excessive. I hope we can save resources for our people. There is no need to be ceremonial. We are a poor country and our people need the money which we want to spend on ceremonies.

Sir, you would be shocked to see the expenditure on State funerals and presidential inauguration ceremonies if they were brought here. These ceremonies are unnecessary. People only come together during State funerals and inauguration ceremonies.

Ms Lubezhi: Hear, hear!

Mr Hamududu: Mr Speaker, Clause 10 says that when we go for the rerun, the Government has to provide security for the President and his running mate and the runner-up and his running mate. We have made our country insecure and we are spending a lot of money on security for contestants of elections. In other countries, the Vice-President goes shopping with just one body guard but, here, roads are closed when there are ceremonies involving the President. People who are taking their children to school or going to the hospital get stuck on the roads because there are ceremonies. We must tone down on these excesses because they are not right for our people. Who is going to kill the President? Why are we creating insecurity and spending money on ceremonies? We have become enemies of ourselves and now we want to spend money on a few individuals for their security. What about our security? So, let us make our country secure so that we can all walk about freely.

Sir, you sent me to the South African Parliament one time. I saw the President of South Africa come to Parliament. He walked alone and greeted Mr Malema. Here, when the President comes to Parliament, it is like there is a war. There are police officers everywhere. What do we need that many police officers for? This is a secure environment compared to the South African Parliament which is located on a busy street. This is one of the most secure Parliaments in Southern Africa ...

Hon. Opposition Members: Hear, hear!
Mr Hamududu: ... on an hectare piece of land with a security fence, yet when the President comes here, there are police officers running around. This prompted someone to ask me whether there was security threat in the country. My point is that we should be modest with our resources.

Hon. Opposition Members: Hear, hear!

Mr Hamududu: Sir, the Government operatives should not use ceremonies to ‘show’ their faces because this costs money.

Ms Lubezhi: Hear, hear!

Mr Speaker, these are my few remarks.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

The Minister of Justice (Dr Simbyakula): Mr Speaker, I wish to clarify the impression created by the hon. Member for Monze Central that all laws have to be anchored in the Constitution. That is not correct. A lot of administrative issues can arise as a result of the provisions in the Constitution and we can enact legislation to give effect to those administrative issues, including the hon. Member for Namwala ...

Laughter

Mr Speaker: Order!

Business was suspended from 1615 hours until 1630 hours.

[MR SPEAKER in the Chair]

Dr Simbyakula: Mr Speaker, when business was suspended, I was expressing my profound shock at the statement by the hon. Member for Monze Central that this Act is not anchored in the Constitution. I find that rather startling.

Sir, Article 105 provides for the assumption of office of a President-elect. It says that the President-elect shall assume Office after being sworn in by the Chief Justice or in the absence of the Chief Justice, the Deputy Chief Justice.

Mr Speaker, this Bill is breathing life into those provisions. It has come up with the administrative procedures that will be carried out. The only thing that could impede this is if it were ultra vires the Constitution. You can make a statute to deal with administrative issues arising from constitutional provisions.

Mr Speaker, Part III of the Bill says that where a second ballot has to be held for a presidential election, as provided in Article 101(3) of the Constitution, the Chairperson of the Presidential Inauguration Committee shall, within seven days of the declaration of the election results, meet separately with the presidential candidates who obtained the highest and second highest number of valid votes cast in the initial ballot. Why? It is because we know that one of the two is going to be President-elect. We have to meet them. By the way, this committee has always been there. This Bill is merely formalising its existence. I am sure that those who have served in Government know what I am talking about.

Hon. Government Members: Hear, hear!

Dr Simbyakula: I can understand those who have not been in Government yet if they do not know where this is coming from.

I thank you, Sir.

Hon. Government Members: Hear, hear!

Mr Mukanga: Mr Speaker, I would like to thank your Committee for the report and all the hon. Members who have supported the Bill. The issues that have been raised will be considered.

I thank you, Sir.

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

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
Chair]

THE TRANSITIONAL PERIOD AND INAUGURATION OF PRESIDENT BILL, 2016

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

CLAUSE 23 – (Management of Information and Records)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 23, on page 13:

(a) in line 1 by the deletion of the words “subject to Article 35 of the Constitution, the Committee” and the substitution therefor of the words “The Committee.”
(b) in lines 10 to 12 by the deletion of sub-clause (4).

(c) in line 13 by the renumbering of sub-clause (5) as sub-clause (4).

Amendment agreed to. Clause amended accordingly.

Clause 23, as amended, 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 Transitional Period and Inauguration of President Bill, 2016

Report Stage now.

REPORT STAGE

The Transitional Period and Inauguration of President Bill, 2016

Report adopted.

Third Reading now.

THIRD READING

The following Bill was read the third time and passed:

The Transitional Period and Inauguration of President Bill, 2016

SECOND READING

THE CITIZENSHIP OF ZAMBIA BILL, 2016

The Minister of Home Affairs (Mr Mwila): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, it is a great privilege to be accorded the opportunity to present the Citizenship of Zambia Bill, 2016 before hon. Members of the House.
Sir, it is a well-known fact that His Excellency the President of the Republic of Zambia, Mr Edgar Chagwa Lungu, assented to the amended Constitution Act, 2016. As a result, the Government found it essential to repeal and replace the Citizenship of Zambia Act of 1975 so as to align it with the amended Constitution. The Citizenship of Zambia Act of 1975 was enacted in order to:

(a) provide for the establishment of the Citizenship Board of Zambia and to determine its composition and functions;

(b) make provisions for the acquisition of citizenship of Zambia by adoption and by registration;

(c) provide for the confirmation of citizenship of Zambia;

(d) provide for cessation, deprivation and renunciation of citizenship of Zambia; and

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

Mr Speaker, the changes that necessitated the repeal and replacement of the Citizenship of Zambia Act of 1975 are;

(a) Article 37, Sub Article 2 of the amended Constitution provides for citizenship by marriage;

(b) Article 39 of the amended Constitution provides for dual citizenship and entitlement to apply to the Citizenship Board of Zambia to bestow Zambian citizenship on persons that ceased to be citizens of Zambia by acquiring citizenship of other countries; and

(c) Article 41 of the amended Constitution provides for the establishment, composition, appointment and tenure of office of members of the Citizenship Board of Zambia and procedure to be followed by the board.

Sir, the Citizenship of Zambia Bill, 2016 now provides for the following:

(a) the composition, function, tenure and procedures of the Citizenship Board of Zambia;

(b) the acquisition, deprivation and renunciation of citizenship of Zambia;

(c) repeal and replacement of the Citizenship of Zambia Act, 1975; and

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

Mr Speaker, the enactment of the Citizenship of Zambia Bill, 2016 into law to repeal and replace the Citizenship of Zambia Act of 1975 will help strengthen my ministry’s vision to have a nation where justice and the rights of citizens are protected and upheld. I, therefore, urge the hon. Members of the House to support the Bill.

I thank you, Sir.

Bishop Lt-Gen. Shikapwasha (Keembe): Mr Speaker, in accordance with the terms of reference as provided for in the Standing Orders, your Committee was tasked to scrutinise the Citizenship of Zambia Bill, 2016. For purposes of gaining insight into the ramifications of the Bill, your Committee sought oral and written submissions from various stakeholders, including the Law Association of Zambia (LAZ).

Sir, the background and object of the Citizenship of Zambia Bill, 2016 is to provide for the composition, functions, tenure and procedures of the Citizenship Board of Zambia and make procedural provisions for the acquisition, deprivation or renunciation of citizenship of Zambia. The Bill further seeks to repeal and replace the Citizenship of Zambia Act, 1975.

Mr Speaker, from the outset, let me state that this is a non-controversial Bill and your Committee and all the witnesses who appeared before it are in full support of it. However, the stakeholders and your Committee have a few concerns which I am going to highlight.

Sir, the first concern is on Clause No. 3, which provides for the composition of the board, but does not provide for the requirement of the board to be ratified by the National Assembly, neither does it provide for the qualifications of the members of the board. Considering the importance of the Citizenship Board of Zambia, your Committee recommends that the requirement of ratification by the National Assembly be provided for and the qualifications for members of the board be specific in the Bill. Your Committee further notes that Clause 6 provides that the board may regulate itself, its own procedures and the conduct of business. It is the view of your Committee that this provision may result in inconsistency and arbitrariness and, therefore, recommends that the procedures of the board be laid out by Statutory Instrument for avoidance of uncertainty and arbitrariness.

Mr Speaker, the other concern is on Clause 18. The clause provides that a person who has been married to a citizen of Zambia for a period of, at least, five years may apply in the prescribed manner to be registered as a citizen of Zambia. While your Committee agrees with the stakeholders, it is of the view that the five years that the Constitution provides for is not long enough to determine the need for people to check and ensure that the marriages are not of convenience. Therefore, your Committee recommends that for the purposes of getting citizenship and, instead of having people abandoning their spouses later, it is necessary that both the Constitution and the Bill be amended to increase the period of marriage to, at least, ten years in order to forestall the occurrence of marriages of convenience.

Sir, Clause 19 also provides for the citizenship of an adopted child. Your Committee noted that most of the criteria being used centres on the adoption of the adoptive parent and not much on the adopted child. In agreeing with the stakeholders, your Committee is of the view that it is not enough to prove the citizenship of the adoptive parent or to produce a valid adoption certificate.

As your Committee was considering the operations of the Department of National Registration, Passports and Citizenship, it was informed that some Zambians of foreign origin arranged questionable adoptions in a bid to obtain citizenship for their relatives back home. Your Committee, therefore, recommends that the child’s background be thoroughly investigated in order to ensure that this provision is not abused.

Sir, in conclusion, your Committee wishes to express its gratitude to you for granting it the opportunity to scrutinise the Citizenship of Zambia Bill, 2016. Your Committee also wishes to thank the Clerk of the National Assembly and her staff for the support rendered to it throughout its deliberations. Your Committee also wishes to thank all the witnesses who appeared before it for their co-operation in providing the necessary briefs despite the short notice they were given.

Mr Speaker, I also wish to express my personal appreciation and gratitude to the hon. Members of your Committee on National Security and Foreign Affairs for electing me Chairperson of your Committee, for their wonderful work, the friendly atmosphere, their co-operation and dedication to work that made it possible for your Committee to conclude its work. I ask God to bless each one of them as they go for elections.

Mr Speaker, I ask Jesus to bless you.

I thank you, Sir.

Hon. Members: Hear, hear!

Ms Namugala (Mafinga): Mr Speaker, allow me to start by thanking your Committee for their thorough work in considering the proposed Citizenship of Zambia Bill.

Mr Speaker, we, as a nation, have been too generous by allowing people from neigbouring countries to feel at home here, yet we know that this friendliness can be a danger and threat to our security and wellbeing. It is about time we, the Zambians, started thinking about our interest, as a nation first and foremost. According to the provisions of this Bill, if a woman or man is married to a Zambian citizen for five years only, say from 2011 to 2016, he/she is eligible to become a citizen of Zambia. I think that we need to revisit this provision so that we give ourselves enough time to scrutinise the background of the people who want to become citizens of Zambia. Some of us have heard stories in other countries of marriages of convenience. This is where people just get into a country, arrange to marry somebody, pay them for marrying them and the marriage is dissolved after five years. We do not want that situation. In any case, we are failing to provide the basic needs such as education, health and infrastructure for indigenous Zambians. Why do we want to allow others to easily acquire Zambian citizenship and partake of our meagre resources?

Mr Speaker, I also wish to talk about Clause 19 which talks about the citizenship of an adopted child. Some people acquire Zambian citizenship through marriage and, after five years, they get a child from their country of origin into this country and that child also becomes a citizen of this country. We are risking our security. I hope that the next Parliament can revisit these provisions. Sometimes, I feel uncomfortable about having been part of the process that enacted a Constitution that has many provisions that we now have to revisit. This provision has to be revisited by the next Parliament. The next Parliament should amend the clauses in the Constitution that require amendments.

Mr Speaker, I think this is an anomaly. I propose that the board be chaired by an independent person who is qualified to hold the position of Judge. It should not be chaired by a person holding political office. That way, the board will be autonomous enough to make patriotic decisions. It is about time we started appointing people on merit to be ratified by this House. I agree with your Committee that like any other important institution, the Citizenship Board of Zambia should have its membership ratified by the National Assembly which represents every citizen of this country.

Mr Speaker, with these remarks, I wish to support the Bill.

Mr Namulambe (Mpongwe): Mr Speaker, I thank you for giving me the opportunity to contribute to debate on this Bill. Collectively, we shall be held accountable for all the laws that we pass in this House. I am worried about the Bills that we are passing hurriedly. This is an important piece of legislation which should be passed cautiously. At Independence, the population of Zambia was under 3 million. Now, it is about 15 million. If we allow people to get citizenship, we are increasing the population unnecessarily and are creating a problem for ourselves. Some countries have restricted the acquisition of citizenship simply because they want to protect their resources and identity. If we passed laws carelessly, we shall only have ourselves to blame. The generations to come are going to judge us harshly for not being considerate of their welfare.

Ms Lubezhi: Hear, hear!

Mr Namulambe: Mr Speaker, I am uncomfortable about Clause 14 which gives immunity to the members of the board. Suppose they corruptly give citizenship to foreign nationals, are we saying that they should not be prosecuted? How safe is the country going to be if the members of the board cannot be prosecuted for whatever actions they take because they have got some immunity?

Mr Speaker, like I said earlier, we are rushing into passing these Bills. I hope that the hon. Minister is going to move amendments to the Bills so that by leave of this House today, even without notice, and as proposed by your Committee, we leave this for the next session in September, 2016 in order to give hon. Members more time to scruitinise the Bills? Why are we rushing? Is it because we want to have powers to remain in Office as per the Constitution so that we illegally bring as many people as possible into Zambia and give them citizenships?

 Hon. Opposition Members: Hear, hear!

 Mr Namulambe: Sir, is this immunity meant to have people unaccountable for their actions?

Mr Speaker, Zambia belongs to all of us. I know that this is a tempting period and people will come with colossal sums of money to bribe others in order to acquire citizenship.
 Mr Livune: Hear, hear!

Mr Speaker: Order!

Take your seat, hon. Member.

I become concerned when you start suggesting that the passage of this legislation is ill- intended. I do not think it is fair to insinuate that. You may have a point about the pace, volume and so on and so forth, but to go further and ascribe motives without a basis, is a line of debate I do not think I would allow.

Hon. Government Members: Hear, hear!

 Mr Speaker: You may be wrong in your superstition, hence it is unfair. In the meantime, you will carry the aspersion, insinuation and impression. Let us be fair to each other.

 Mr Namulambe: Sir, I am referring to Clause 14 which is talking about immunity.

 Hon. PF Members: No adoption.

 Mr Namulambe: I am not worried about any adoption.

 Mr Livune: Hear, hear!

 Mr Muchima: Hammer! Hammer!

Mr Namulambe: Mr Speaker, I am referring to the immunity which has been given to the board members as stated in Clause 3 of the Bill. To strengthen my argument, I have the privilege to exercise my freedom of speech by stating what I feel is wrong about this clause. Yes, I may be wrong or right, but these are my views which, I feel, should be considered. They may not be pleasing, but the fact is that the granting of immunity to the members of the board is unreasonable because they may abuse this clause …

Hon. UPND Members: Hear, hear!

 Mr Namulambe: … by obtaining money from people who want to acquire Zambian citizenship. That is my argument.

 Ms Lubezhi: Hear, hear!

 Mr Namulambe: Sir, I am a Zambian citizen and have got no other country to run to. I am confined here.

Hon. PF Members: DRC!

Mr Namulambe: I know that our ancestors came from the Democratic Republic of Congo (DRC), but home is here. I may not know how to speak French, but I can speak English. All I am trying to do is protect the people.

Mr Speaker, some areas were not occupied thirty years ago, but people have now settled there. Most people who want to live in the ‘bush’ are foreigners. Why should they have the liberty to acquire citizenship? It is for this reasons that I am saying that we can grant citizenship to people, but only if they apply through the right channel.

The hon. Member for Mafinga’s arguments were valid. People will come here to marry Lozi women in order to …

 Ms Mulasikwanda: On a point of order, Sir.

 Mr Speaker: No points of order.

 Hon. Members: Hear, hear!

 Mr Namulambe: … to acquire citizenship.

Sir, there is a foreigner who married one of my relatives. The reason he married this lady was that he used to get contracts from the mines. So, he wanted to apply for Zambian citizenship. When his residence permit was almost approved, he started mistreating the lady. What happens when such a couple divorces after the man has been granted citizenship? Is the citizenship going to be revoked? The provisions of the Bill should take into account such issues. In my view, five years is too short a period.

Mr Muchima: Hear, hear!

 Mr Namulambe: Sir, ten years is okay. If anything, some applications for citizenship have taken ten years to process. Why are we reducing the period? It is for this reason that I was saying we should have taken time to bring the Bills to the House.

Sir, as a Zambian citizen, I bring someone from Namibia to be adopted here and after the adoption, he/she applies for citizenship? Why should we increase the size of the population when there are already many Zambian children on the street? Why can we not adopt some of the street children if we are looking for children to adopt?

Sir, there is a provision in the law to adopt children, but we should not ‘import’ people from outside to become citizens of this country. Why should we increase the population?

Mr Muchima: Hear, hear!

Mr Namulambe: Sir, if I become President of Zambia one day, …

Hon. Opposition Members: Hear, hear!
Mr Namulambe: … the Government will be feeding old people. If the country is filled up with foreigners who have acquired citizenship, we will not afford to feed them in their old age.

Hon. UPND Members: Hear, hear!

Laughter

Mr Namulambe: Mr Speaker, I would like to request the hon. Minister of Home Affairs to take into account the recommendations of your Committee because they are valid and have been made in the interest of the Zambian people.

Sir, with these few words, I thank you.

Hon. Opposition Members: Hear, hear!

Mr Mweetwa: Mr Speaker, I would like to thank you for giving me the opportunity to air my views on the subject on the Floor of the House.

Sir, this is a topical issue. Therefore, I would like to adopt the debate of the hon. Member of Parliament for Mpongwe. This is one of the rarest moments when I will be brief.

Sir, I believe that the view of my colleagues and I is that we oppose this Bill.

I would like to state that there is a peculiar situation in Choma which, I think, Hon. Dr Kaingu, who is one of my subjects in Choma, is aware of.

Laughter

Mr Mweetwa: Mr Speaker, in Choma, there is a good number of people of foreign origin who were born in Zambia. However, simply because their parents are white, they are being issued with pink national registration cards (NRCs). Consequently, they cannot enjoy the rights that other citizens enjoy. They were born and bred in Zambia, and have not known any other country other than Zambia. They cannot occupy certain elective offices because they possess pink NRCs.

Like Hon. Namulambe has stated, why is the Government rushing into passing these Bills at the last minute? The Constitution was amended last year, but why did we have to wait for the last minute to pass important laws that have a bearing on the future and destiny of this country? Issues of citizenship should not be taken lightly.

Sir, most Zambians have travelled around the world and they will agree with me that sometimes we are too good as a country. Whereas we give good treatment to foreigners who come into our country, we do not get similar treatment when we go abroad. So, why is the Government trying to ‘liberalise’ citizenship? Is it trying to get money for campaigns through this law?

Hon. UPND Members: Hear, hear!
Mr Mweetwa: We oppose this Bill totally for a good reason.

I thank you, Sir.

Mr Speaker: No!

Hon. Member for Choma Central, can you withdraw that statement.

Mr Mweetwa: Sir, which one?

Mr Speaker: That the people who are seated on my right brought this Bill to raise money for campaigns. That is what you said.

Mr Mweetwa: Sir, I just wanted to find out what the motive was. I withdraw the statement.

Laughter

Mr Mwila: Mr Speaker, I wish to thank the Chairperson of your Committee, Hon. Bishop Lt-General Shikapwasha, who has debated so well. There was substance in whatever he said.

Hon. Government Members: Hear, hear!

Mr Mwila: Mr Speaker, the hon. Member for Mpongwe and Hon. Mweetwa have never been Cabinet Ministers, let alone Minister of Home Affairs. There are procedures to follow when granting citizenship.

Interruptions

Mr Mwila: In view of this, it is important that I enlighten some hon. Members who are not aware …

Mr Speaker: Just the whole House.

Mr Mwila: … of these procedures. When a person applies for citizenship, the application is sent to the Office of the President for screening. Before it can be tabled, there must be a security report. Without that report, the application cannot be processed. The Citizenship Board of Zambia reviews the application because it is a security issue that cannot be left to outsiders.

Hon. Bishop Lt-Gen. Shikapwasha was once Minister of Home Affairs. So, he understands these issues.

Hon. Government Members: Hear, hear!

Mr Mwila: Mr Speaker, the board normally meets after three or four months. Hon. Mweetwa you can ask Hon. Bishop Lt-Gen. Shikapwasha …

Mr Speaker: Hon. Minister, just address issues.

Mr Mwila: Mr Speaker, as Chairperson of the board, I wish to state that the board is very strict when it comes to granting of citizenship.

Laughter

Hon. UPND Members: Hear, hear!

Mr Mwila: Mr Speaker, with regard to the acquisition of citizenship for those who are married to Zambians, this is constitutional provision. We can amend it in future when there is a need to do so. I have taken note of the concerns raised by the Hon. Bishop Lt-Gen. Shikapwasha.

I thank you, Mr Speaker.

 

 

Hon. Opposition Members called for a division.

Question that the Citizenship of Zambia Bill, 2016, be now read a second time put and the House voted.

Ayes – (88)

Mrs E. M. Banda
Mr I. Banda
Mr N. Banda
Mr W. Banda
Mr Bwalya
Mr Chabala
Col. Chanda
Mr Chansa
Mr Chenda
Mr Chikwanda
Mr Chilangwa
Mr Chingimbu
Mr Chipungu
Mr Chisala
Mr Chishimba
Mr Chisopa
Mr Chitotela
Mrs A. M. Chungu
Mr Evans
Mrs Kabanshi
Mr Kafwaya
Dr Kaingu
Ms Kalima
Mr Kambwili
Mr Kampyongo
Ms Kansembe
Ms Kapata
Brig-Gen. Kapaya
Mr Kapeya
Mr Kapyanga
Mr Kasandwe
Mrs Kawandami
Ms Kazunga
Mr Kosamu
Mr Kufuna
Mr Kunda
Ms Limata
Mr Lingweshi
Dr E. Lungu
Prof. Luo
Mr Mabumba
Mr M. Malama
Mr M. H. Malama
Mr Mbewe
Mr Mbulakulima
Mr Mbulu
Ms Miti
Mr Monde
Mrs Mphande
Mr Mpundu
Mr Mtolo
Mr Mubukwanu
Mr Mukanga
Ms Mulasikwanda
Mr Mulenga
Mr Mumba
Mr Musonda
Mr Musukwa
Mr Mutale
Mr Muteteka
Mr Mvunga
Mr Mwale
Dr Mwali
Mr Mwamba
Mrs Mwanakatwe
Mr Mwango
Mr Mwenya
Mr Mwila
Ms Namugala
Mr P. Ngoma
Mr Ng’onga
Mr Njeulu
Dr J. T. N. Phiri
Mr P. Phiri
Mr Shakafuswa
Bishop Lt-Gen. Shikapwasha
Mr Shuma
Mr Siamunene
Mr Sichalwe
Mr Sichone
Mr Sichula
Mr Sikazwe
Ms Siliya
Dr Simbyakula
Mr Simuusa
Mr Tembo
Prof. Willombe
Mr Zimba

Noes – (35)

Mr Antonio
Mr Belemu
Mr Chitafu
Brig-Gen. Dr Chituwo
Mr Habeenzu
Mr Hamududu
Mr Hamudulu
Mr Hamusonde
Ms Imenda
Mr Kasonso
Mr Kazabu
Mr Livune
Mr Lombanya
Ms Lubezhi
Mr Lufuma
Prof. Lungwangwa
Mrs Masebo
Mrs Mazoka
Mr Milambo
Mr Miyanda
Mr Miyutu
Mr Mooya
Mr Mufalali
Mr Mulomba
Mr Muntanga
Dr Musokotwane
Mr Mutati
Mr Mutelo
Mr Mweetwa
Mr Mwiimbu
Mr Namulambe
Mr Ndalamei
Mr Nkombo
Mr Pande
Mr Sing’ombe
                                                                                                                                                                                                                                                                                                                                                                           
Abstention – (0)

Question accordingly agreed to, with more than two-thirds of all the Members voting in the affirmative, and the Bill read a second time.
Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
Chair]

THE CITIZENSHIP OF ZAMBIA BILL, 2016

Clauses 1 and 2 ordered to stand part of the Bill.

CLAUSE 3 – (Composition of Board)

Mr Mwila: Mr Chairperson, I beg to move an amendment in Clause 3, on page 7:

(a) In line 7 to 8
by the deletion of subsection (2); and

(b) In line 9
by the renumbering of subsection (3) as subsection (2).

Amendment agreed to. Clause amended accordingly.

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

CLAUSE 6 – (Proceedings of Board)

Mr Mwila: Mr Chairperson, I beg to move an amendment in Clause 6, on page 9:

(a) In line 5 to 6 by the deletion of the words “or Vice-Chairperson”;

(b) In lines 7 to 13 by the deletion of subsection (4); and

(c) by the renumbering of subsection (5) (6) (7) and (8) as subsection (4) (5) (6) and (7) respectively.

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7, 8, 9, 10, 11, 12, 13 and 14 ordered to stand part of the Bill.

CLAUSE 15 – (Registration of Births and National Registration)

Mr Mwila: Mr Chairperson, I beg to move an amendment in Clause 15, on page 11, in line 33 by the deletion of the words “born in Zambia” and the substitution therefor of the words “who is a citizen by birth”.

Amendment agreed to. Clause amended accordingly.

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

Clauses 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47 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 Citizenship of Zambia Bill, 2016

Report Stage now.

REPORT STAGE

The Citizenship of Zambia Bill, 2016

Report adopted.

Third Reading now.

THIRD READING

The following Bill was read the third time and passed:

The Citizenship of Zambia Bill, 2016

SECOND READING

THE RATIFICATION OF INTERNATIONAL AGREEMENTS BILL, 2016

Dr Simbyakula: Mr Speaker, I beg to move that the Bill be now read a second time.

Sir, prior to the enactment of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the negotiation, signing and ratification of international agreements and treaties were all functions of the Executive. By virtue of Article 92(2)(c) of the amended Constitution, the President shall:

“negotiate and sign international agreements and treaties and, subject to the approval of the National Assembly, ratify or accede to international agreements and treaties.”

Sir, the import of this constitutional provision is that henceforth, all international agreements and treaties entered into by the Executive shall be subject to ratification by the Legislature. This is in accordance with the organic legal principle of checks and balances.

Mr Speaker, this Bill, therefore, seeks to put in place a legal framework to give effect to the provisions of Article 92(2)(c). The Bill further seeks to provide for the domestication of international agreements and treaties once ratified by this House. The Bill also provides for a good record and maintenance system through the establishment of an International Agreements Registry in the Ministry of Foreign Affairs as a central depository.

Sir, this is a straightforward and progressive Bill, and I urge the House to support it.

I thank you, Sir.

Mr Muchima (Ikeleng’i): Mr Speaker, in accordance with its terms of reference as provided in the Standing Orders, your Committee was tasked to scrutinise the Ratification of International Agreements Bill, 2016. As a way of gaining insight into the ramifications of the Bill, your Committee requested oral and written submissions from various stakeholders, including the Law Association of Zambia (LAZ).

Mr Speaker, the Ratification of International Agreements Bill, 2016 seeks to provide for the ratification of international agreements and the domestication process and to provide for matters that may be connected to those processes.

Mr Speaker, all the stakeholders who submitted on the matter, including your Committee, welcome the Bill as it is long overdue, considering the fact that Zambia has signed a lot of international agreements, some of which date as far back as the 1960s, but have not been ratified to date. Further, there was no mechanism to ensure that consensus was achieved on which agreements the Government should sign and subsequently domesticate. It was all dependent on the Executive. The stakeholders were particularly happy that the National Assembly, made up of the people’s representatives, will now be afforded an opportunity to perform its oversight function, not just in the signing, but also the ratification process. This notwithstanding, the stakeholders and your Committee have a few areas of concern.

Mr Speaker, in Clause 2 of the Bill, your Committee notes that the words “unless the context otherwise requires” are used. Your Committee is of the view that this provision introduces other interpretations and subsequently ambiguity. Since there is no other context expected, or even required, your Committee recommends that these words be deleted.

Mr Speaker, your Committee notes that Clause 5(1) provides that the Vice-President shall cause to be laid before the National Assembly, a Motion for the approval of the proposal to ratify an international agreement in accordance with Article 63 of the Constitution. Your Committee is of the view that this provision does not afford the National Assembly an opportunity to scrutinise international agreements through the Committee System. This is because the Motion by the Vice-President is not normally subjected to this process. The advantage of the Committee System is that it affords the National Assembly an opportunity to get views from stakeholders after which a report is compiled for presentation to the House as the case is with Bills. Therefore, your Committee recommends that the clause be amended to read:

“The Vice-President shall submit to the National Assembly, the proposal for the approval of the international agreement for ratification of accession in accordance with Article 63 of the Constitution.”

Mr Speaker, your Committee further observes that Clause 5(2) provides for the approval of the international agreements by the National Assembly without a requirement for a resolution of the House. Your Committee is of the view that owing to the magnitude of international agreements, the approval should be by resolution. Your Committee, therefore, recommends that this provision be amended to read:

“Where the National Assembly, by resolution, approves a Motion to ratify an international agreement, with or without any reservations, the Minister responsible for foreign affairs shall cause the preparation of the instrument of ratification which shall include the matters specified in the schedule.”

Mr Speaker, your Committee observes that Clause 7, which provides that the same procedure as applies to international agreements applies to ratifying protocols “with necessary modifications”, leaves the procedure ambiguous and susceptible to abuse. In this regard, your Committee recommends that for the avoidance of any uncertainty and possible abuse, the modified procedure be set out in full in the Bill.

Mr Speaker, your Committee notes that Clauses 8 and 13 provide for the deposit of instruments of ratification and registry with the Ministry of Foreign Affairs. However, some stakeholders were of the view that the Ministry of Justice would be the best custodian of the instruments and registry for international agreements since the Attorney-General, who is the Government legal advisor, is under the Ministry of Justice. Your Committee is of the view that this responsibility should be left with the Ministry of Foreign Affairs. Your Committee further proposes that copies of the same be sent to the Ministry of Justice and the National Archives for record keeping.

Mr Speaker, your Committee notes that Clause 9 provides for the powers of the hon. Minister responsible for foreign affairs to prepare credentials for the granting of full powers to any person, subject to the direction of the President. Your Committee expresses concern about how matters of this magnitude can be left to the discretion of the hon. Minister.

In this regard, your Committee recommends that in order to forestall abuse, the full powers, which the hon. Minister shall grant any person, be specified in the Bill. Your Committee further proposes that the provisions of the clause be placed at the beginning of the Bill because the negotiation of international agreements comes before the ratification process.

Your Committee notes that the definition of international agreements in Clause 15 excludes bilateral agreements. Whereas your Committee appreciates the fact that this could be for security reasons, it is of the view that it is still necessary to provide for the procedure to be followed when signing bilateral agreements to avoid abuse of the provision. Further, your Committee notes that the Bill does not provide for sanctions for the breach of established procedure.

In this respect, your Committee recommends that the procedure for signing bilateral agreements and sanctions for breaching the procedure for signing both international and bilateral agreements be provided for in the Bill so as to ensure compliance.

In conclusion, your Committee wishes to express its gratitude to you, Mr Speaker, for granting it the opportunity to scrutinise the Ratification of International Agreements Bill, 2016. Your Committee also wishes to thank the Office of the Clerk of the National Assembly for the support rendered to it throughout its deliberations. It is indebted to all the witnesses who appeared before it for their co-operation in providing the necessary briefs despite the short notice.

Mr Speaker, I thank you.

Dr Simbyakula: Mr Speaker, I wish to thank your Committee on National Security and Foreign Affairs for a job well done. I also wish to express my profound gratitude to the House for the unanimous support.

I thank you, Sir.

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

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
Chair]

THE RATIFICATION OF INTERNATIONAL AGREEMENTS BILL, 2016

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

CLAUSE 5 – (Motion for Approval of Proposal to Ratify International Agreements in National Assembly)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 5, on page 8:

(i) in the marginal note by the deletion of the marginal note and the substitution therefor of the following note: “Approval of proposal for ratification by National Assembly”;

(ii) in lines 6 to 8 by the deletion of the words “cause to be laid before the National Assembly, a motion for approval of the proposal to ratify the international agreement” and the substitution therefor of the words “submit the proposal to the National Assembly”; and

(iii) in lines 9 and 10 by the deletion of the words “approves a motion to ratify an international agreement” and the substitution therefor of a comma and the words “by resolution, approves a proposal for ratification”.

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

Clauses 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 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 amendment:
The Ratification of International Agreements Bill, 2016.

Report now.

REPORT STAGE

The Ratification of International Agreements Bill, 2016.

Report adopted.

Third Reading now.

THIRD READING

The following Bill was read the third time and passed:

The Ratification of International Agreements Bill, 2016.

SECOND READING

THE ELECTORAL PROCESS BILL, 2016

Mr Mukanga: Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, a transparent, credible, efficient and easily understood electoral process plays a key role in ensuring free and fair elections and legitimacy of those elected.

Mr Speaker, the Electoral Process Bill, 2016 has been introduced in order to operationalise Part V of the Constitution with regard to the electoral process.

This Bill seeks to provide for:

(a) a comprehensive process for a general election;

(b) conduct of election by the Electoral Commission of Zambia (ECZ) and empowerment of the commission to make regulations in matters relating to elections;

(c) registration of voters and the keeping of voters’ registers;

(d) prescription of the procedure for nominations for elections;

(e) the role of presiding officers, election officers and conflict management officers;

(f) the procedure for voting during an election;
 
(g) the accreditation and roles of the observers and monitors;

(h) criminalisation of corrupt practices and other illegal practices related to elections;

(i) penalties in connection with an election;

(j) election petitions and the hearing and determination of applications relating to a general election;
 
(k) voter education;
 
(l) prescription of the Electoral Code of Conduct;

(m) repeal and replacement of the Electoral Act, 2006; and
 
(n) matters connected with or incidental to the foregoing.

Mr Speaker, as would be seen from the foregoing, it is important that the House supports the Bill as it is non-controversial and aims at improving the electoral process in our country.

Mr Speaker, I beg to move.

Mr Mweetwa: Mr Speaker, Standing Order No. 157 sets out the terms of reference of your Committee and provides that it may consider any Bills referred to it by the House. In line with this, your Committee was tasked to scrutinise the Electoral Process Bill, 2016.

Sir, in order to acquaint itself with the ramifications of the Bill, your Committee sought both written and oral submissions from stakeholders. The Electoral Process Bill, 2016 is consequential to the enactment of the Constitution of Zambia (Amendment) Act No. 2 of 2016. The proposed law is a requisite requirement for the management of elections in this country.

Mr Speaker, the legitimacy of a democratic government is determined in large measure by genuine elections which are much more than what happens on Election Day. A genuine electoral process requires an open pre-election environment in which citizens can participate without fear or obstruction. It also requires an environment in which political parties, candidates and the media can operate freely, and an independent Judiciary which functions fairly and expeditiously. In addition, the electoral process should have authorities that operate impartially.

Sir, while most stakeholders supported the enactment of the Bill, some of them lamented the insufficient the time given for stakeholder consultation considering the importance of the proposed law, particularly in light of the fact that the proposed law presented an opportunity for better management of the electoral process in Zambia. In view of this, it required more scrutiny.

Sir, allow me to put on record that your Committee welcomes the repeal of the Electoral Act No. 12 of 2006 and the introduction of the new law guiding the electoral process and urges the House to support it. Your Committee made a number of observations during the process of scrutinising the Bill and recommends that a number of amendments be made in order to improve the management of elections in the country. I will highlight a few of the observations.

Mr Speaker, Clause 30 provides for the nomination procedure and requirements for Presidential and Vice-Presidential candidates. Clause 33 provides that a candidate submitting nomination papers to the retuning officer shall be accompanied by 100 supporters from each province who are registered voters in that province. Your Committee recommends that the term “accompanied” in the Bill be substituted with the term “supported” in line with the provisions of Article 101(j) of the Constitution.

Sir, Clause 47 outlines the circumstances under which a voter shall be disqualified from voting. Your Committee is of the view that it is not justifiable to preclude a person from exercising his/her fundamental right to vote if he/she has been convicted and sentenced and has duly served his/her sentence. Denying a person his/her right to vote after he/she has been punished for the wrongs he/she committed is some sort of double jeopardy and unreasonable. Your Committee therefore, recommends that a provision be made to allow persons who have served their sentence to vote even if the sentence is served within a period of five years preceding an election. 

Mr Speaker, Clause 62 entitles a voter to a new ballot paper if the voter accidentally marks the ballot in a way that does not clearly show who he/she voted for. Your Committee, however, observes that Clause 63 specifies the manner of handling a ballot paper that has been spoilt.  Your Committee, therefore, recommends the deletion of Clause 62.

Sir, most of the observations are contained in your Committee’s report and I urge the House to critically scrutinise them. 

Mr Speaker, as I conclude, allow me, on behalf of your Committee, to urge the ECZ to ensure that as an independent referee in the electoral process, it ensures that the process is transparent so that it can be accepted by all stakeholders. This will go a long way in enhancing the credibility of the election results and maintaining peace and stability in the country.

Sir, on behalf of your Committee, I wish to express our gratitude to you for granting us the opportunity to scrutinise the Electoral Process Bill, National Assembly Bill, 2016. Your Committee also wishes to thank the Office of the Clerk of the National Assembly for the support rendered to it throughout its deliberations. It is equally indebted to all the witnesses who appeared before it for their co-operation in providing the necessary submissions.

Mr Speaker, this being the last day of this session, it might also be my last time to speak before Parliament adjourns sine die and dissolves forthwith. Therefore, allow me to recognise the nature of this day. This looks like an ordinary day because we are conducting the usual business that we have been conducting in the last five years. However, it is extraordinary and important to the political history of our country because it marks the dissolution of Parliament, whose term commenced in 2011 and effectively ends the mandate that we, hon. Members of Parliament, have been wielding for the last five years at the behest and favour of the citizens of Zambia.

Sir, allow me to state that I feel humbled that I have been in this House from 2001 to date and that in the last five years, which was my first term, I have been given the opportunity to serve this House as Chairperson of the African Parliamentarians Network Against Corruption, an institution which has given me an opportunity to visit the world at large and to learn a lot. I am also honoured to have served this august House as Chairperson of your Committee on Delegated Legislation and as Chairperson of a session representing the Parliament of Zambia for the young parliamentarians who gathered here in Lusaka for the just-ended Inter-Parliamentary Union (IPU) Conference.

Mr Speaker, I am also honoured ...

Hon. Members: Ah!

Mr Mweetwa: ... to have served as Chairperson for your Committee on Health, Community Development and Social Services and the Public Accounts Committee of this Parliament.

Sir, finally, I am greatly honoured to have served as Chairperson on your Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs at a crucial time when important laws were passed by this House. I have also served in various Select Committees and chaired many of them.

Laughter

Mr Mweetwa: Mr Speaker, I have also represented ...

Hon. Members: Hear, hear!

Mr Mweetwa: ... this Parliament at various global conferences. This has made me a better informed citizen of the world. Money cannot buy the memories of the last five years. As we disperse today, this could be the last day some of us are seeing each other because others may not come back to this House.

Mr Speaker, finally, I thank the hon. Members for the diligent manner in which they executed their job in the last five years. I am honoured to have been part of them. I have learned a lot from the many senior Members I found here.

Sir, I would also like ...

Laughter

Mr Mweetwa: ... to thank you. I do not want to draw you into my debate. However, you were my lecturer at the University of Zambia and I have continued to enjoy your lectures as the Speaker of this House. They have made me a better parliamentarian and I hope that I will continue to learn if I will be given the opportunity to come back to this House.

Mr Speaker, I would also like to thank you ...
Laughter

Mr Mweetwa: ... for having taken the initiative to promote peace and unity in this House by introducing football matches between the Opposition and the Ruling Party ...

Laughter

Mr Speaker: Order!

Sorry, I got carried away.

Laughter

Mr Speaker: Order!

Business was suspended from 1815 hours until 1830 hours.

 [MR SPEAKER in the Chair]

Mr Speaker: When business was suspended, the House was considering the Second Reading Stage of the Electoral Process Bill, 2016 moved by the hon. Minister of Justice, and the Chairperson of the Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs, the hon. Member for Choma Central, was on the verge of sitting down.

Laughter

Mr Speaker: Hon. Member, you may conclude your debate.

Laughter

Mr Mweetwa: Mr Speaker, you have aptly said that I was about to sit down. When business was suspended, I had just made what was meant to be my last statement. I was thanking you for promoting peace, harmony and oneness in this House in the last five years through initiatives such as football games between the Opposition and the Ruling Party in an effort to show the citizens that we are one people and One Zambia, One Nation. Other initiatives included this Parliament going to play other parliaments in the region. This is highly commendable and cannot be ignored. We hope that this programme will be enhanced in future.

Mr Speaker, allow me to also thank the Chief Whip, Hon. Mukanga, for being one of the few hon. Members who are non-partisan when it comes to parliamentary matters. One cannot tell which party he belongs to.

Mr Antonio: UPND!

Laughter

Mr Mweetwa: He has been a gentleman and a good leader in his approach to all of us.

Hon. Members: Hear, hear!

Mr Mweetwa: Mr Speaker, I would like to thank Hon. Gary Nkombo, who has been the Whip of my party. I think that he has delivered to our expectation. I would also like to thank Hon. Prof. Lungwangwa for delivering to our expectation during the time he served as Whip for the Movement for Multi-party Democracy (MMD). Further, I wish to commend Hon. Mtolo, who became Whip of the MMD in his very first term. I also wish to thank Hon. Mwila for being one of the few hon. Ministers not to assume a partisan position during question and answer session.

Hon. Members: Hear, hear!

Mr Mweetwa: He is always a Zambian and a statesman who maintains neutrality and sobriety.

Hon. Members: Hear, hear!

Mr Mweetwa: I wish his colleagues could learn from him.

Finally, Sir, I wish to thank Mr Hakainde Hichilema, …

Mr Speaker: No.

Laughter

Mr Speaker: Hon. Member for Choma Central, take your seat.

Mr Mweetwa: … the President of the United Party for National Development (UPND), for giving me the opportunity to serve in this House.

I thank you, Sir.
 
Mrs Masebo (Chongwe): Mr Speaker, I thank you for giving me the opportunity to debate this important Bill before the House. From the outset, I wish to commend your Committee for a thorough job, even though the Chairperson spent more time talking about his curriculum vitae (CV) …

Laughter

Mrs Masebo: … instead of the details of this important report.

Mr Mufalali: Shame!

Mrs Masebo: Mr Speaker, I will not take long because I know that my colleagues, both on your right and left, also want to debate this important Bill. I will, therefore, restrict myself to a few areas of the report.

Mr Speaker, I wish to state that although the Bill is in line with what is contained in the Constitution and aims to operationalise the Constitution, and give the Electoral Commission of Zambia (ECZ) powers to make regulations for the smooth conduct of general elections, it is important it comes up with regulations …

Interruptions

Mr Speaker: Order, on my left!

Mrs Masebo: … that are going to be accepted by all stakeholders.
 Mr Speaker, the ECZ has the mandate to make electoral regulations. However, if the commission comes up with regulations which major stakeholders are not happy about, the elections will not to be free and fair. I wish to caution the ECZ that whilst it is an autonomous body with the mandate to make electoral regulations, it is important for it to realise that it is there to serve the people of Zambia and conduct elections that are free and fair and whose results shall be acceptable to all the Zambians.

Mr Speaker, I have in mind an announcement that the ECZ made relating to the 2016 General Elections. The announcement was that the use of cellular phones at polling stations will be restricted. I think that such regulations should be acceptable to all stakeholders. It will not help for the ECZ to come up with draconian kind of regulations or measures which will not be appreciated by ordinary citizens. I hope that the ECZ will ensure that there is enough consultation and agreement on important issues such as the use of cellular phones at polling stations.

Mr Speaker, the other issue I would like to talk about relates to the registration of voters. There is a clause which states that a person qualifies for registration as a voter if that person is a citizen of Zambia or has attained the age of eighteen years and is in possession of a green national registration card (NRC).

Mr Speaker, you will recall that during the last Voter Registration Exercise, there were many stories, complaints and concerns in this House and in the papers about people who did not qualify to be registered as voters being registered as voters. I am referring to people who are not citizens of this country. We heard about people from Malawi and Mozambique being registered as voters in the Eastern Province of Zambia. We also heard about people from the Democratic Republic of Congo (DRC) being registered as voters in Luapula and those from Tanzania coming into Zambia to register as voters in Muchinga Province. We also heard about people from the DRC registering as voters on the Copperbelt.

Sir, we also heard about young people aged between fourteen and sixteen having their ages adjusted upwards in order to become eligible voters.

Hon. Government Members: Where?

Mr Speaker: Order!

Mrs Masebo: Sir, I am happy that we are putting this legislation in place because the clauses that are contained in the Bill will empower the ECZ. If the people of Zambia think that someone has been registered illegally, they can object to the ECZ if they have evidence. I am aware that the ECZ has announced that the Voter Verification Exercise is from Monday, 15th May, 2016, to 21st May, 2016. So, all the registered voters should go to the polling stations for verification. This will ensure that only Zambian citizens of the right age are registered as voters. If, any one has evidence that someone does not qualify or should not have been registered as a voter, this will be the right time to raise alarm to the ECZ.

Mr Speaker, this is a serious issue, particularly that we have just passed the Citizenship of Zambia Bill. Hon. Namugala and other speakers talked about the need to ensure that only Zambian citizens register as Zambians. They also talked about people having marriages of convenience in order to acquire Zambian citizenship. I wish to put it on record that people are acquiring citizenship through marriage for the sole purpose of becoming voters.

Sir, of the 6 million registered voters, over 500,000 do not qualify as voters because they are not Zambian citizens. I wish to appeal to hon. Members, both on the right and left, as we go back to our constituencies ...

Mr Speaker: Hon. Member for Chongwe, take a seat.

Mr Kambwili interjected.

Mr Speaker: Order!

My concern is about the tenor of the debate that appears to be generalised. Like I counselled yesterday, those of you who will take the Floor after the hon. Member for Chongwe should focus on the report and the Bill. There are a lot of issues related to the electoral process. It is a broad subject. However, if we do not manage the debate properly, we shall end up with ‘cross-country debates’. Let us not bring up whatever comes to our mind, grievances that we have against some bodies or stakeholders. You know where to meet them to thrash out those issues. This debate is primarily to look at the Bill and what the Committee has said. That is what we should focus on. It is a broad issue, especially at this point in time. If this was the Third Session of the Eleventh National Assembly, it would take a different tenor. However, this being the Fifth Session of the Eleventh National Assembly, I understand how close these issues are to our hearts. Nonetheless, let us be focused in our debate.

Mrs Masebo: Mr Speaker, Article 17, Clause 3 of the Bill says:

“A person who objects to another person’s registration details shall serve notice of the objection on that person.”

Clause 4 states that:

“The Commission shall consider an objection to the Provincial Register of Voters within fourteen days from the date of the objection made and shall notify the person who made the objection and the registration officer.”

Clause 5 states that:

“A registration officer shall give effect to a decision of the Commission, made under this section, within three days.”

Mr Speaker, I wish to focus on this issue because it is dear to my heart. I know what I am talking about. This is the reason I am appealing to my hon. Colleagues on the right and left to ensure that the Bill we are passing today is supported. Both your Committee and the Government must be supported by ensuring that the Bill is passed and that it achieves its objective of ensuring that we have a free and fair election where only those eligible to vote are allowed to vote.

Sir, you will recall that two journalists who tried to ensure that the registration process in the Eastern Province was made public were attacked and had their cameras and tapes taken away because they had enough evidence to show that there was a problem. I am happy about this Bill. I wish to appeal to hon. Members to ensure that people who are not eligible to vote are not allowed to vote like has happened in the past. There are illegal voters on the voters’ roll.

I thank you, Sir.

Hon. Opposition Members: Hear, hear!

Mr Mutelo (Lukulu West): Mr Speaker, from the outset, let me say that too much of anything, be it food, alcohol or Bills, is bad.

Laughter

Hon. Opposition Members: Hear, hear!

Mr Mutelo: Too much of anything ...

Hon. Opposition Members: Is bad!

Mr Mutelo: ... is bad.

Mr Speaker: I hope you are not exhausted.

Laughter

Mr Mutelo: We might end up in what is known as doom.

Sir, express constitutional amendments followed by express Bills will result in our making mistakes. As stated in your report, if stakeholders are not given enough time to scrutinise the Electoral Process Bill and, if the processing of the Bill is handled the right way, there will be chaos.

Sir, in conclusion, …

Laughter

Mr Speaker: Order!

Let him conclude. He is very efficient.

Mr Mutelo: … your Committee’s report says:

“Your Committee further observes that the choice of the company used to print ballot papers has over the years caused a lot of controversy in the country and the upcoming election is no exception.

“Your Committee notes that the Electoral Commission of Zambia as an independent referee in the election process has an important role to play in maintaining its integrity and credibility.”

Sir, this means that it has the integrity to maintain the peace of not only the Electoral Commission of Zambia (ECZ), but also the entire Mother Zambia.

Sir, the report further states that:

“Your Committee, therefore, urges the Commission to ensure that the process of procuring a company to print the ballot papers is transparent.”

Sir, ‘I also urge your Committee in a similar manner’.

Laughter

Mr Mutelo: Mr Speaker, if the process will not be transparent, then, the stakeholders will not accept the choice of the company and there will be problems. We do not want that to happen. Hon. Mtolo Phiri and I are victims of this. I have used both doors of this House.

Laughter

Mr Mutelo: Mr Speaker, Clause 62 of the Bill entitles a voter to a new ballot paper if the voter accidentally marks the ballot in a way that does not clearly show whom they have voted for. This allows a voter to use a fresh ballot paper. I am glad that your Committee says that this should not be condoned. How are you going to know that the voter did the right thing when voting is done secretly? I support your Committee’s concern because this can result in people voting on behalf of others.

Laughter

Mr Mutelo: Mr Speaker, eventually, we shall run out of ballot papers because people have voted on behalf of others. As recommended by your Committee, …

Interruptions

Mr Speaker: Order!

Mr Mutelo: …. this clause should be deleted.

Interruptions

Mr Speaker: Continue, hon. Member.

Mr Mutelo: Too much of everything is bad. The ECZ should be left to manage the 11th August, 2016 Elections in a prudent manner. Let us not fuel ‘war’. When we have so many Bills, before the House, we end up having problems. When the Citizenship of Zambia Bill was put to a vote, our colleagues on your right said, “Hear, hear!” like they did in the past.

Laughter

Mr Speaker: Hon. Member, if you are done with your debate, I will ask you to take a seat. Can I move to the next person?

Mr Mutelo: Mr Speaker, I thank you.

Laughter

Mr Namulambe: Mr Speaker, thank you for granting me the opportunity to contribute to debate on the Bill before the House. I am somewhat worried because the amendments to this Bill were circulated during break time today. Of course, they are dated 10th May, 2016, but they were circulated today, 11th May, 2016, at break time. This being the case, I do not know whether we will also be allowed to move amendments to some of the issues that have not been addressed by your Committee today.

Mr Speaker, I wish to refer you to the concluding remarks by Her Honour the Vice-President and Minister of Development Planning regarding the Electoral Commission Bill yesterday. She said:

“Mr Speaker, I wish to thank you, the Committee and its able Chairperson for the elaborate scrutiny of the Bill. Mr Speaker, the autonomy of the ECZ is a wish of every Zambian and hon. Members should not be apprehensive about the unknown. We have taken note of your Committee’s recommendations and amendments and I want to assure the hon. Members that some amendments in this Bill are already being processed and will be circulated in the House, and moved at Committee Stage.
“Mr Speaker, you can see the importance we have attached to this Bill. I further wish to thank all the hon. Members for the support of this Bill.”

Mr Speaker, today, the same office has moved the Electoral Process Bill. There are a lot of concerns relating to the Bill which have not been taken into account in the amendments and by your Committee’s report. Her Honour the Vice-President and Minister of Development Planning said that people should not be apprehensive of the unknown. However, these are the issues that bring about apprehension.

Mrs Masebo: Hear, hear!

Mr Namulambe: Mr Speaker, it is not fear of the unknown, but fear of rigging elections. For instance, Clause 67 of the Bill reads:

“Votes shall be counted at the polling station at which those votes were cast except when in the interest of ensuring a free and fair election, the Commission, after consultation with contesting parties or their agents, determines that those votes be counted at any other counting venue.”

Mr Speaker, the danger of this clause is that at the time considerations will be made to shift the counting of votes from one station to another which, in their view, is convenient, the polling agent will not be allowed to travel with the election officers in the vehicles provided for by the ECZ.

Hon. UPND Members: Hear, hear!

Mr Namulambe: Sir, in the meantime, the polling agent will not be allowed to use a cellular phone to communicate with his/her people for them to provide transport to get him/her to the other counting venue. With such a clause in this Bill, we are trying to regularise an illegality. This may be the fear of the unknown but, this time around, it is known because it is almost trying to tempt people to rig the elections.

Mr Speaker, suppose candidate ‘A’ enjoys a lot of popularity at a particular polling station, there is a possibility of coming up with excuses that will result in transferring the counting of votes from that polling station to another one. The ballot papers may be ferried by a chopper which can only carry a few people. Anything can happen along the way. Maybe, the intention is to take some pre-marked papers to the other side.

Sir, at what point should we make amendments to this Bill? Since we have been given the amendments today, my request is that hon. Members be allowed to move the amendments on the Floor of the House today by leave of the House.

Hon. UPND Members: Hear, hear!

 Mr Namulambe: Sir, your Committee has made various recommendations. Some of the salient issues like the qualifications for the position of mayor have been taken into account. Suffice it to say that some issues have not been considered. When are the amendments going to be moved? Are we going to be allowed to move amendments because the amendments on the Electoral Commission of Zambia Bill that were circulated are not in conformity with your Committee’s recommendations? When are we going to move the amendments? That is the more reason I had said earlier that we have rushed these Bills because the House is rising today.

Mr Speaker, if we had enough time, we could have moved the amendments properly. Since we have just been given the amendments today, how are we going tell that some clauses have been omitted by the Executive?

 Interruptions
 
Mr Speaker: Order!

Let him debate.

 Mr Namulambe: Mr Speaker, when we are legislating, it is only fair that we are considerate of the Zambian people. It is better to move with our heads high after winning the election than to pretend that we have won when, in fact, not.

Hon UPND Members: Hear, hear!

Mr Namulambe: Sir, as a Christian nation, Zambia ought to do things the Christian way. I do not care about the people who debate in their seats because some people have never risen to debate ever since they came to this House.

Hon UPND Members: Hear, hear!

 Mr Speaker: Order!

 Hon. Member for Mpongwe, I have given you the Floor but, if you feel that you have exhausted your points, leave the Floor for your colleagues. In your preface, you mentioned that there were many people who wanted to debate.

 Mr Namulambe: Sir, it is because some people were disturbing my flow of thoughts when I wanted to conclude.

 Mr Speaker: Order!

The difficulty arises when you begin to address those people. This is where the problem is.

Mr Namulambe: Sir, much obliged.

May I ask your office that hon. Members be allowed to move amendments by leave of the House today because it is an anomaly to distribute amendments when the House is rising.

I thank you, Sir.

Hon. UPND Members: Hear, hear!

Mr Speaker: Order!

Mr Mwiimbu: Mr Speaker, in my debate, I will refer to the Constitution provisions pertaining to the electoral process in Zambia as provided by Article 45 of the Constitution of Zambia.

Sir, the Bill we are considering this evening is important in the sense that it will ensure that there will be peace and stability in the country, pursuant to the elections that we are going to hold on 11th August, 2016. It is, therefore, my considered view that all of us here who are participants in the electoral process must take particular interest and attention to the provisions of the Constitution of Zambia as read in the proposed Bill pertaining to the electoral process.

Mr Speaker, I wish to quote Article 45(2) of the Constitution of Zambia which states that:

“The electoral process and system of administering of elections shall ensure:

(a) that the elections are free and fair;

(b) that the elections are free from violence, intimidation and corruption;

(c) independence and accountability, efficiency, transparency of the electoral process; and

(d) a simple and practical system of voting and tabulating of votes.

Interruptions

 Mr Speaker: Order!

 The person who is debating is being distracted. He has sent a message to me through his body language that he is being distracted.

 Mr Mwiimbu: Mr Speaker, I was saying that as I make my views known to this House and the nation, I will refer to this provision on the electoral process as read in the proposed Electoral Process Bill.

Sir, I have read the report of your Committee and the sentiments of the Electoral Commission of Zambia (ECZ) therein. I have also attended various meetings at the ECZ pertaining to the announcement and tabulation of results. My anticipation was that the issues that were raised at the various fora and the interactions with the ECZ, through your Committee, including the concerns of the stakeholders, would be taken into account. One issue that is of concern to all the political parties in Zambia and stakeholders has not been addressed. I am also cognisant of the fact that the ECZ is going to come up with regulations pertaining to the administration of the process that will be made pursuant to the new Act that will come into force.

Mr Speaker, I have in mind the issue of tabulation of results which the ECZ is insisting it is going to implement. The ECZ made pronouncements at various fora that Form X, which is used to aggregate the results at polling stations, will only indicate the results in figures and not words. Their argument has been that the presiding officers and polling assistants are not able to translate figures into words.

Hon. Opposition Members: Ah!

Mr Mweetwa: Teachers!

Mr Mwiimbu: That has been the argument. However, we know that in the past, the ECZ used to transmit the results both in figures and words so that there is no element of doubt pertaining to the results. However, according to their proposal, only figures will be allowed. We are aware that figures can be manipulated. That is my argument.

Ms Imenda: Hear, hear!

Mr Mwiimbu: For example, a figure of 100 can be manipulated by adding another zero to make 1,000. However, if the results are in words, it becomes difficult to manipulate them. Once the tabulation has been done in both words and figures, the whole process becomes transparent. The other example I can give is that of a cheque. There is a requirement to write a cheque in both words and figures. The bank will not accept an argument that you are an illiterate person and can only write in figures. It will not accept the cheque. To buttress my argument, the presiding officer has a complement of support staff who are supposed to assist in addressing the concerns of the ECZ. I addition, there are polling agents and monitors. So, what is the fear of the ECZ for it not to allow words to be used? If they insist on using figures only, they are breeding instability in the country because members of the public will not accept the results.

Ms Lubezhi: Yes!

Mr Mwiimbu: Mr Speaker, we know how results for the Opposition or Ruling Party can be tampered with. We urge the ECZ to adhere to the concerns of the hon. Members of this House, the members of the public and other stakeholders. Why is it creating a mischief? Why is trying to create anarchy? We would want fair and transparent elections. The excuse being given of presiding officers and polling assistants not being able to translate figures into words is not tenable. I have no doubt that all the players in this House cannot accept the reasoning of the ECZ.

Hon. UPND Members: Yes!

Mr Mwiimbu: Mr Speaker, we implore the ECZ to listen to what we are saying. This issue relates to both sides of the House, depending on who is running the elections. We are the players. They should listen to us. They should not use impunity. We have always held peaceful elections in this country. However, this proposal is a recipe for anarchy and violence in this country. I would urge the Leader of Government Business in the House to ensure that the ECZ addresses this issue for the sake of all of us in this country.

Mr Speaker, to buttress the point that was raised by Hon. Masebo on the usage of cellular phones, examples abound of countries that have held elections recently where the use of the internet and cellular phones during the electoral process was banned. As a result, there is anarchy in those countries and the results of the elections have not been accepted. Why does the ECZ want to copy something from other countries that is abhorrent?

Ms Lubezhi: Hear, hear!

Mr Mwiimbu: Why does it want to create an atmosphere of elections that are not free and fair? All of us know that cellular phones are a necessity. Like Hon. Namulambe has said, our agents can only communicate with us by cellular phones if there is a problem during the electoral process. Why should the ECZ cut us off? Why should it cut off our colleagues on the right if they have an argument to raise? Why should it cut us off if we have an issue to raise? Whose interests is it trying to serve? Is it trying to serve the interest of the Zambians? The answer is no. All of us have an interest in this matter. So, we cannot allow that.

Mr Speaker, the House is rising tonight and the campaigns will start officially on Monday. All of us want to have a free and fair election with a transparent system. That is what we are all looking forward to. However, the ECZ is creating room for anarchy through the regulations and Act which it is proposing. We should not allow that. It is my considered view that the ECZ will listen to the views of the stakeholders. We, in this House, are the major players. Those who are aspiring for elections and our electorates want a system that is free, fair and transparent. The Constitution of Zambia is instructive and talks about a simple and fair process of tabulating results. Why not accept what the Constitution of Zambia is saying? That is my appeal.

Mr Speaker, it is not my intention to discuss the amendment, but I am now inclined to comment on the issue of qualifications for mayors and council chairpersons. The Leader of Government Business in the House proposed that the same qualifications for hon. Members of Parliament should apply to mayors. However, we have to realise that a mayor is also a councillor. This means that the nomination requirements for the position of councillor will be more stringent than those for mayor. The councillor will be required to show proof of payment of taxes and rates that are due to the council. Unfortunately, the mayor, who will be the head of the council, is being insulated. Why would you want to do that? If I were on the Government side, I would have said the qualifications for a councillor should be the same as those for a mayor or council chairperson because they are all councillors.

Mr Livune: Hear, hear!

Mr Mwiimbu: Mr Speaker, the other issue I would like to raise pertains to the verification of election results. I am aware that the ECZ has been using an administrative arrangement pertaining to the verification of qualifications. It is my considered view that this process should have been included in the Act.

Sir, the circulars issued by the ECZ are illegal because they have no backing of the law. How does it expect me to go to the Examinations Council of Zambia to get a letter verifying my results when this is not backed by any law?

Sir, to cure the lacuna, procedures pertaining to the verification of results should have been provided. This has not been done, yet members of the public are expected to adhere to the administrative instructions.

Mr Speaker, I am cognisant of the judgment that was passed yesterday by a High Court Judge in which the court has also questioned the instructions on the role of the Examinations Council of Zambia. We thought that after that judgment, the Leader of Government Business in the House would quickly make amendments to comply with the judgment. Unfortunately, that has not been done. We want to pass a Bill that is devoid of the instructions of the court, unless we want to appeal against the decision of the court. If we are not appealing against the decision of the court, this House must make an instrument to cure the omissions of the ECZ.

Mr Livune: Ema lawyer, aya!

Mr Mwiimbu: However, that has not been done.

Mr Speaker, it appears the ECZ wants to play the role of petitioner. The questioning of the validity of my results is on the onus of one who is contesting the elections. If someone wants to contest that I am not qualified to stand for elections, it is the petitioner who should go to court and question that I do not qualify to stand for elections. That is what the law says. The ECZ wants to play the role of petitioner, which is against the law.

Sir, we expect the Leader of Government Business in the House to ensure that corrective measures are taken.

Mr Speaker, by leave of the House, you have suspended the Standing Orders. However, we, in this House, can take corrective measures to ensure that certain things are done …

Hon. Opposition Members: Hear, hear!

Mr Mwiimbu: … for the good of this country. I have no doubt that all of us want transparent elections. We know that people in rural have difficulty getting to Lusaka to have their results verified. Some people will not be able to stand for councillorship because they have unable to have their results verified.

Unfortunately, the House will be rising today without having cured the mischief that has been created by the ECZ. Posterity will judge us harshly. We have had the opportunity and we still have the opportunity, Mr Speaker, to cure the mischief. It is not too late. We can do it here through amendments to ensure that the whole process is cleaned up and we have free and fair elections.

Do not pretend and assume that this process will favour you because you are on the Ruling Party side. Mark my word, what happens outside there is different. We have to find a way of curing the mischief that has been created.

With these few remarks, Mr Speaker, I thank you.

Hon. Opposition Members: Hear, hear!

Mr Speaker: Well, there are still many hon. Members who would like to debate, but to try and move efficiently, we have been consulting on this matter as you were debating. Therefore, we shall proceed in this fashion. This Bill will not proceed to the Committee Stage immediately in order to allow for the amendments from the Backbench to be moved.

Hon. Members: Hear, hear!

Mr Speaker: So, please, bear in mind that these concerns have been taken care of and we shall allow for this process to take place. However, that will need time. So, if we are going to repeat what has already been debated, then, we shall lose time. You may want a little more time to consult on the nature of the amendments and how they will be moved.

Do I get it that we want to move on in light of what I have said?

Hon. Members: Yes! Absolutely!

Mr Speaker: I will still give an opportunity to the Acting Leader of Government Business in House to debate, taking into account what I have mentioned.

Mr Mukanga: Thank you, Mr Speaker, I would like to thank the hon. Members who have debated in support of the Bill.

Sir, this Bill is important because it relates to a process that we shall use to elect our leaders. This Bill will become handy as we go for elections. All the issues that have been raised should be taken on board.

Mr Speaker, the elections will be conducted by the Electoral Commission of Zambia (ECZ). We believe that it will be able to conduct elections in a transparent manner, especially that most of the issues that have been discussed will be taken on board.

However, allow me, Sir, to state that there is no need for us to alarm the nation.

Hon. Opposition Members: Ah!

Mr Speaker: Order!

Mr Mukanga: No one …

Mr Speaker: Hon. Minister, take a seat.

Hon. Members, the difficulty we have is that we are not tolerant. We only want to hear our views. The Leader of Government Business in the House has his views and you have to respect them. Democracy entails that we accommodate each other’s views. He has not insulted anybody. He is just expressing his view point and you have to respect it.

You may continue, hon. Minister.

 Mr Mukanga: Mr Speaker, thank you for your guidance. Before I was interrupted, I was saying that there is no need for anyone to alarm the nation. I think that everybody is committed to ensuring that we have free, fair and transparent elections. There is no way the ECZ can allow citizens of a foreign country to participate in Zambian elections because there is a procedure to follow. Besides, whoever will participate in the voting process will have had their particulars verified during the Voter Verification Exercise. So, there is no need for apprehension. We cannot declare that we are going to lose the elections before we go to the polls. We are all geared for the elections. All of us are going to campaign and our works will speak for themselves.

Hon. Government Members: Hear, hear!

Mr Mukanga: Mr Speaker, since we are talking about the electoral process, we are going to tell the people what we have done as political players in the nation. For those who will not be able to point at what they have done, it will be difficult to convince the people to give them a vote. That is why I am saying that we have to be patient as we deal with this Bill. All of us have to contribute to this Bill to ensure that we execute transparent elections in Zambia. We are trying to improve the electoral process.

Sir, we should all have faith in the ECZ because that is the entity that has been given the mandate to conduct elections in the country. If you do not have faith in the ECZ, how, then, are you going to go for elections? I would request all the political players in the country to read the Electoral Process Bill and Acts that relate to the electoral process and the Constitution of Zambia so that they are not found wanting on Election Day.

Sir, with these few remarks, I thank you for your ruling and guidance on the way we should proceed.

I thank you, Sir.

Hon. UPND Members interjected.

Mr Speaker: Just hold on. For those who are unable to follow the process, consult the senior colleagues in your party. These are major decisions that we are making. You do not ask questions while seated. Follow the process. We have just asked for the Bill to be read a second time. The Bill will now be referred to a Committee. That is where we are at the moment. There are senior hon. Members on that side. Hon. Muntanga, help your colleagues.

Laughter

Mr Speaker: They think that there is something sinister going on. There are senior hon. Members that side who can help you. So, as I have indicated earlier, we are not going into Committee Stage immediately after this.

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

Committed to a committee of the Whole House.

Committee today.

THE SUPPLEMENTARY APPROPRIATION BILL, 2016

The Minister of Finance (Mr Chikwanda): Mr Speaker, I beg to move that the Bill be now read a second time.

Sir, following approval of the Supplementary Estimates No. 1 of 2016 that will provide additional funds with which the Government will carry out essential services during the financial year ending 31st December, 2016, I now have to return to this House with the necessary legislation to give effect to the resolution of the House.

Mr Speaker, the Bill before the House, therefore, is intended to legalise the Supplementary Estimates of monies aggregating K1,847,140,659. The Supplementary Estimates No. 1 of 2016 have been thoroughly debated in this House, and I do not expect them to attract any further debate. While I beg to move, let me, in all humility, urge all of us, wherever we go, within the confines of Zambia and beyond our borders, to widen the horizons and frontiers of our common fellowship. Let us all be role models of this spirit of human fellowship. Let us be the epitome of human fellowship instead of being ardent high priests of hate, malice and division, which are a recipe for strife and misery.

Sir, to borrow a Latin word, our motto should be muneris proergo, meaning “service before self”. Hon. Members, you are wonderful people. So, I wish to thank you for the friendship and affection. I pray that God blesses you abundantly.

Mr Speaker, I beg to move.

Mr Mutati (Lunte): Mr Speaker, thank you for allowing me to make a few reflections on the Supplementary Budget that has been moved by the hon. Minister of Finance.

Sir, I wish to refer to some of the hon. Minister’s classic phrases relating to the Supplementary Budgets in the last five years that he will be remembered for. One of them goes, “We are not a Government that shall bask in the glory of statistical euphoria.”

Mr Speaker, the hon. Minister of Finance will also be remembered as someone who is not a merchant of hate. The hon. Minister Finance will also be remembered for another classic phrase that goes, “There is always the inescapable moral obligation for all of us to change the living conditions of the people of Zambia through common fellowship.”

Sir, when he presented the last Supplementary Budget, one catchphrase he used was, “governance shrouded in humility”. This implies that as the economy gets tough, there is always hope that things will improve. As we confront the trinity of deficit of trade, budget and power, there is hope for Zambia. Hon. Minister of Finance, this is a recap of your five years in office.

I thank you, Sir.

Hon. Members: Hear, hear!
     
Mr Chikwanda: Mr Speaker, I want to thank the hon. Members for their magnanimity. I hope that God will give me the grace to reciprocate their magnanimity and thank the House for its support.

I thank you, Sir.

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

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
 Chair]

THE SUPPLEMENTARY APPROPRIATION (2016) BILL, 2016

Clauses 1 and 2 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 without amendments:

The Supplementary Appropriation (2016) Bill, 2016

Third Reading now.

THIRD READING

The following Bill was read the third time and passed:

The Supplementary Appropriation (2016) Bill, 2016

SECOND READING

THE LOCAL GOVERNMENT ELECTIONS (Repeal) BILL, 2016

The Minister of Local Government and Housing (Mr Kampyongo): Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, this Bill repeals the Local Government Elections Act as a consequence of the Electoral Process Bill, 2016, which is under consideration by the House today. The Electoral Commission of Zambia (ECZ) is charged with the mandate of conducting Presidential, Parliamentary and Local Government elections. The Bill is non-controversial and needs the support of the House.

Mr Speaker, I thank you.

Mr Speaker, I wish to thank the hon. Members for their support.

Mr Speaker, I thank you.

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

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
 Chair]

THE LOCAL GOVERNMENT ELECTIONS (Repeal) BILL, 2016

Clauses 1 and 2 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 gone through Committee without Amendment:

The Local Government Elections (Repeal) Bill, 2016

Third Reading now.

THIRD READING

The following Bill was read the third time and passed:

The Local Government Elections (Repeal) Bill, 2016

SECOND READING

THE ZAMBIA POLICE AMENDMENT BILL, 2016

Mr Mwila: Mr Speaker, I beg to move that the Bill be now read a second time.

Mr Speaker, I am grateful for the opportunity to make a statement on the amendment of the Zambia Police Act Cap 107 of the Laws of Zambia.

Sir, Part X (A) of the Police Act establishes the Zambia Police Public Complaints Authority (ZPPCA) and provides for its functions. The authority is now established by the Constitution as the Police Public Complaints Commission (PPCC). There is a Bill before this House entitled Police Public Complaints Commission Bill, 2016. Therefore, the repeal of this Act is consequential.

I, therefore, urge the hon. Members of this august House to support the Bill.

Mr Speaker, I thank all the hon. Members of Parliament for their support.

Mr Speaker, I thank you.

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

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE DEPUTY CHAIRPERSON OF COMMITTEES in the
 Chair]

THE ZAMBIA POLICE (Amendment) BILL, 2016

Clauses 1 and 2 ordered to stand part of the Bill.

Title agreed to.

_________

HOUSE RESUMED

[MR SPEAKER in the Chair]

The following Bill was reported as having passed through Committee without amendment:

The Zambia Police (Amendment) Bill, 2016.

Third Reading today.

THIRD READING

The Following Bill was read the third time and passed:

The Zambia Police (Amendment) Bill, 2016.

____________

ANNOUNCEMENT BY MR SPEAKER

Mr Speaker: As the time now is 1957 hours, I have an announcement to make which relates to dinner for this evening which will be served from 2000 hours to 2115 hours. The House will resume sitting at exactly 2130 hours.

 Hon. Members will have their dinner in the restaurant here at Parliament Buildings. Members of staff and ministry officials will have their dinner at the Members’ Motel. As usual, dinner for hon. Members, staff and ministry officials will be provided at the courtesy of the Hon. Mr Speaker. Transport to and from the Members’ Motel for staff and ministry officials will be available at the foyer by the main entrance to Parliament Buildings.

I would like to advise hon. Members to be punctual and wish to request the party whips to ensure that the quorum is formed at 2130 hours.

I thank you.

Business was suspended from 2000 hours until 2130 hours.

____________

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the
Chair]

THE PROTECTION OF TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND EXPRESSIONS OF FOLKLORE BILL, 2016

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretation)

The Minister of Commerce, Trade and Industry (Mrs Mwanakatwe): Mr Chairperson, I beg to move an amendment in Clause 2, on page 12:

(a) in lines 2 and 5 by the deletion of the definition of “prior informed consent” and the substitution therefor of the following:

“prior informed consent” means the giving by a prospective user of traditional knowledge, a genetic resource or expression of folklore, complete information to a traditional community, individual or group and based on the information, the prior understanding and acceptance by a traditional community, individual or group to use their traditional knowledge, genetic resource or expression of folklore in accordance with this Act;

(b) in lines 29 to 37 by the deletion of the definition of “traditional context” and the substitution therefor of the following:

“traditional context” means knowledge, practices, know-how, learning, skill, process and method which traditionally or through custom and culture was or is developed, sustained and passed on from generation to generation within a traditional community or by individuals or groups in the community, and which forms part of a community’s cultural or spiritual identity and includes agricultural, medicinal knowledge and biodiversity-related knowledge.

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 – (Extent of Protections, Benefits and Principles)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 4, on page 14, in line 35 by the deletion of the word “licence” and the substitution therefor of the word “register”.

Amendment agreed to. Clause amended accordingly.

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

CLAUSE 5 – (Patents Office and Registrar Cap 400)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 5, on page 16, in the marginal note by the deletion of the marginal note and the substitution therefor of the following new marginal note:

Administration of Act by Agency and Registrar.

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

Clauses 6, 7, 8, 9 and 10 ordered to stand part of the Bill.

CLAUSE 11 – (Registrar of Traditional Knowledge, Genetic Resources and Expressions of Folklore)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 11, on page 17:

(a) after line 21 by the insertion of the following new paragraphs:

(a) a clear and concise description of traditional knowledge, genetic resources and expressions of folklore;

(b) the particulars of the applicants for registration of protected traditional knowledge, genetic resources and expressions of folklore and the particulars of the holders;

(b)  in lines 22, 26 and 28 by the renumbering of paragraphs (a), (b) (c), (d) and (e) respectively.

Amendment agreed to. Clause amended accordingly.

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

Clause 12 ordered to stand part of the Bill.

CLAUSE 13 – (Industrial Property Journal)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 13, on page 18, in lines 2 and 6 by the deletion of the word “Industrial” and the substitution therefor of the word “Intellectual”.

Amendment agreed to. Clause amended accordingly.

Clause 13, as amended, ordered to stand part of the Bill.

Clauses 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 ordered to stand part of the Bill.

CLAUSE 71 – (General Offences)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 71, on page 38:
(a) in line 24 by the deletion of the words “one million” and the substitution therefor of the words “five hundred thousand”.

(b) in line 25 by the deletion of the word “ten” and the substitution therefor of the word “five”.

Amendment agreed to. Clause amended accordingly.

Clause 71, as amended, ordered to stand part of the Bill.

Clauses 72, 73 and 74 ordered to stand part of the Bill.

Schedule ordered to stand part of the Bill.

Title agreed to.

THE POLICE-PUBLIC COMPLAINTS COMMISSION BILL, 2016

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

CLAUSE 6 – (Proceedings of Commission)

Mr Mwila: Mr Chairperson, I beg to move an amendment in Clause 6, on page 11, in lines 11 and 12 by the deletion of the word “Board” and the substitution therefor of the word “Commission”.

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 ordered to stand part of the Bill.

Title agreed to.
THE INDUSTRIAL DESIGNS BILL, 2016

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 ordered to stand part of the Bill.

CLAUSE 14 (Industrial Property Journal)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 14, on page 13, in lines 19 to 24 by the deletion of the word “industrial” wherever it appears and the substitution therefor of the word “intellectual”.

Amendment agreed to. Clause amended accordingly.

Clause 14, as amended, ordered to stand part of the Bill.

Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 ordered to stand part of the Bill.

CLAUSE 46 – (Design Created by Government Employee)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 46, on page 24, in line 35 by the deletion of the word “forty-four” and the substitution therefor of the word “forty-five”.

Amendment agreed to. Clause amended accordingly.

Clause 46, as amended, ordered to stand part of the Bill.

Clauses 47, 48, and 49 ordered to stand part of the Bill.

CLAUSE 50 – (ARIPO Registration of Design)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 50, on page 25, in line 28 by the deletion of the words, “a member state” and the substitution therefor of the word “Zambia”.

Amendment agreed to. Clause amended accordingly.

Clause 50, as amended, ordered to stand part of the Bill.

Clause 51 ordered to stand part of the Bill.

CLAUSE 52 – (Date and Term of Registration)

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in clause 52, on page 26, in line 25 by the deletion of the word, “industrial” and the substitution therefor of the word “intellectual”.

Amendment agreed to. Clause amended accordingly.

Clause 52, as amended, ordered to stand part of the Bill.

Clauses 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 ordered to stand part of the Bill.

Schedule ordered to stand part of the Bill.

Title agreed to.
Hon. Members: Hear, hear!

THE JUDICIARY ADMINISTRATION BILL, 2016

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Interpretation)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 2, on page 5, in line 13 by the deletion of the word “ten” and the substitution therefor of the word “seven”.

Amendment agreed to. Clause amended accordingly.

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

Clause 3 and 4 ordered to stand part of the Bill.

CLAUSE 5 – (Function of Chief Administrator)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 5, in line 7

(a) In the marginal note by the insertion, immediately after the word “Functions”, of the words “and qualifications”;

(b) after line 33 by the insertion of the following new paragraph:

(3) A person qualifies for appointment as Chief Administrator if the person –
 
(a) has, as a minimum academic qualification, a degree in public administration, law or other social science from a –

(i) higher education institution established, declared or registered under the Higher Education Act, 2013; or

(ii) foreign higher education institution whose qualifications are recognised by the Zambia Qualifications Authority;

(b) has proven knowledge and experience in public administration; and

(c) is of high integrity and good character.; and
 
(c) in line 34 by the renumbering of paragraph (3) as paragraph (4).

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

Clause 6 ordered to stand part of the Bill.

CLAUSE 7 – (Appointment of Judicial Officers and other Staff)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 7, on page 9, in line 20 by the insertion, immediately after the word “institution” of the word “established” and a comma.

Amendment agreed to. Clause amended accordingly.

Clause 7, as amended, ordered to stand part of the Bill.

Clauses 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25, ordered to stand part of the Bill.

Title agreed to.

Hon. Members: Hear, hear!

THE ELECTORAL COMMISSION OF ZAMBIA BILL, 2016

Clause 1 ordered to stand part of the Bill.
CLAUSE 2− (Interpretation)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 2, on page 6, in line 12 by the deletion of the word “patent” and the substitution therefor of the word “parent”.

Amendment agreed to. Clause amended accordingly.

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

Clause 4 ordered to stand part of the Bill.

CLAUSE 5 – (Composition of Commission)

Dr Simbyakula: Mr Chairperson, I beg to move an amendment in Clause 5, on page 8, as follows:

(a) in line 3 by the deletion of the word “four” and the substitution therefor of the word “three; and

(b) in line 4 by the insertion, immediately after the word “Chairperson”, of the words “or Vice-Chairperson”.

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

PAGE 13

Dr Simbyakula: Mr Chairperson, I beg to move an amendment on page 13, as follows:

(a) in  lines 12 to 21 by the deletion of Clause 18; and

(b) in line 22 by the renumbering of Clause 19 as clause 18.

Amendment agreed to. Page amended accordingly.

Page 13, as amended, ordered to stand part of the Bill.

Clauses 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 ordered to stand part of the Bill.

CLAUSE 18 − (Privilege Reports)

Dr Simbyakula: Sir, I beg to move an amendment in Clause 18,

Amendment agreed to. Clause amended accordingly.

Clause 18, as amended, ordered to stand part of the Bill.

Clause 19 ordered to stand part of the Bill.

PAGE 14 and 15

Dr Simbyakula: Mr Chairperson, I beg to move an amendment on pages 14 and 15, by the renumbering of clauses 20, 21, 22, 23 and 24 as clauses 19, 20, 21, 22 and 23 respectively.

Amendment agreed to. Pages amended accordingly.

Pages 14 and 15, as amended, ordered to stand part of the Bill.

Clauses 20, 21, 22, 23 and 24 ordered to stand part of the Bill.

Title agreed to.
THE PASSPORT BILL, 2016

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 − (Interpretation)

Mr Mwila: Mr Chairperson, I beg to move an amendment in Clause 2, on page 6, in line 8 by the deletion of the words “above the rank of sub-inspector” and the substitution therefor of the words “of or above the rank of inspector”.

Amendment agreed to. Clause amended accordingly.

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

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

Title agreed to.

THE PUBLIC AUDIT BILL, 2016

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 31, 32, 33, 34, 35, 36, 37 and 38 ordered to stand part of the Bill.

PAGE 19

Mr Mukanga: Mr Chairperson, I beg to move an amendment on page 19:

(a) after line 18, by the insertion of the following new clause:

Repeal of   40. The Public Audit Act, 1980, is repealed
Cap. 378
Act No. 8 of   and
1980

(b) in line 19 by the renumbering of Clause 40 as Clause 41.

Amendment agreed to. Page amended accordingly.

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

Clauses 39 and 40 ordered to stand part of the Bill.

LONG TITLE

Mr Mukanga: Mr Chairperson, I beg to move an amendment in the Long Title on page 5, by the insertion, in the appropriate place, of the words “repeal and replace the Public Audit Act, 1980”.

Amendment agreed to. Long title amended accordingly.

Long title, as amended, ordered to stand part of the Bill.

THE HIGHER EDUCATION LOANS AND SCHOLARSHIP BILL, 2016

Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 ordered to stand part of the Bill.

Schedule ordered to stand part of the Bill.

Title agreed to.

Hon. Members: Hear, hear!

THE ELECTORAL PROCESS BILL, 2016

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

CLAUSE 30 – (Nomination of Presidential and Vice-Presidential Candidate)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 30, on page 22, in line 2, by the deletion of the word “accompanied” and the substitution therefor of the word “supported”.

Amendment agreed to. Clause amended accordingly.
Clause 30, as amended, ordered to stand part of the Bill.

Clauses 31 and 32 ordered to stand part of the Bill.

CLAUSE 33 – (Nomination of Candidates in Districts or Wards)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 33, on page 22, immediately after line 26, by the insertion of the following new sub-clause (3):

“(3) A person qualifies to be a mayor or council chairperson if that person –

(a) possesses the same qualifications as those specified for a Member of
Parliament in Article 70 of the Constitution;

(b) is not a Member of Parliament; and

(c) has a certificate of clearance showing the payment of council taxes, where
applicable.

Amendment agreed to. Clause amended accordingly.

Clause 33, as amended, ordered to stand part of the Bill.

Clause 34 ordered to stand part of the Bill.

CLAUSE 35 – (Appointment of Election Agents and Polling Agents)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 35, on page 22, in line 36, by the deletion of the word “voting” and the substitution therefor of the words “counting of the votes”.

Amendment agreed to. Clause amended accordingly.

Clause 35, as amended, ordered to stand part of the Bill.

Clauses 36, 37, 38, 39 and 40 ordered to stand part of the Bill.

CLAUSE 41 – (Appointment of Additional Persons as Election Officers)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 41, on page 25, immediately after line 10, by the insertion of the following sub-clause (4):

“(4) Despite subsection (3), a person may object to the appointment of an election officer under this section if the person appointed is disqualified under section 42(3).”

Amendment agreed to. Clause amended accordingly.

Clause 41, as amended, ordered to stand part of the Bill.

Clauses 42, 43, 44, 45 and 46 ordered to stand part of the Bill.

CLAUSE 47 – (Disqualification from Voting)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 47, on page 26, in lines 24 to 35, by the deletion of Clause 47 and the substitution therefor of the following:

“47.  A person shall not be entitled to vote in an election if, at the date of the election,
that person is in lawful custody or the person’s freedom of movement is restricted under
any written law.”

Amendment agreed to. Clause amended accordingly.

Clause 47, as amended, ordered to stand part of the Bill.

Clauses 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 ordered to stand part of the Bill.

CLAUSE 59 – (Initial Procedures)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 59, on page 29, in line 35, by the insertion of the words “ballot boxes in the prescribed manner” immediately after the word “the”.

Amendment agreed to. Clause amended accordingly.

Clause 59, as amended, ordered to stand part of the Bill.

Clauses 60, 61, 62, 63, 64, 65 and 66 ordered to stand part of the Bill.

CLAUSE 67 – (Place and Time of Counting of Votes)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 67, on page 33, in lines 30 to 33, by the deletion of the words “ except when in the interest of ensuring a free and fair election, the Commission, after consultation with the contesting parties or their agents, determines  that those votes be counted at another counting venue”.

Amendment agreed to. Clause amended accordingly.

Clause 67, as amended, ordered to stand part of the Bill.

CLAUSE 68 – (Counting of Votes and Announcement of Provisional Results)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 68, on page 34, in line 19, by the deletion of paragraph (d) and the substitution therefor of the following:

“(d) announce and publish the result of each count at that polling station in both figures and words in the prescribed manner.”

Amendment is agreed to. Clause amended accordingly.

Clause 68, as amended, ordered to stand part of the Bill.

Clause 69 ordered to stand part of the Bill.

CLAUSE 70 – (Objections Concerning Counting of Votes and Announcement of Provisional Result)

Mr Mukanga: Mr Chairperson, I beg to move an amendment in Clause 70, on page 35, in line 5, by the deletion of the word “two” and the substitution therefor of the word “one”.
Amendment agreed to. Clause amended accordingly.

Clause 70, as amended, ordered to stand part of the Bill.

Clauses 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 126 ordered to stand part of the Bill.

SCHEDULE

Mr Mukanga: Mr Chairperson, I beg to move an amendment in the Schedule, on page 68, in paragraph 8, in lines 19 to 21, by the deletion of sub-paragraph (2) and the substitution therefor of the following:

“(2) The Commission shall prescribe the amount of air time in any given language on public television or radio to be allocated to a political party or candidate.”

Amendment agreed to. Schedule amended accordingly.

Schedule, as amended, 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 without amendments.

The Higher Education Loans and Scholarships Bill, 2016

Third Reading today.

The following Bills were reported to the House as having passed through Committee with amendments.

The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Bill, 2016

The Police-Public Complaints Commission Bill, 2016

The Industrial Designs Bill, 2016

The Judiciary Administration Bill, 2016

The Electoral Commission of Zambia Bill, 2016

The Passport Bill, 2016

The Public Audit Bill, 2016

The Electoral Process Bill, 2016

The State Audit Commission Bill, 2016

Report Stages now.

REPORT STAGE

The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Bill, 2016

The Police-Public Complaints Commission Bill, 2016

The Industrial Designs Bill, 2016

The Judiciary Administration Bill, 2016

The Electoral Commission of Zambia Bill, 2016

The Passport Bill, 2016

The Public Audit Bill, 2016

The Electoral Process Bill, 2016

The State Audit Commission Bill, 2016

Report adopted.

Third Readings now.

THIRD READING

The following Bills were read the third time and passed:

The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Bill, 2016

The Police-Public Complaints Commission Bill, 2016

The Industrial Designs Bill, 2016

The Judiciary Administration Bill, 2016

The Electoral Commission of Zambia Bill, 2016

The Passport Bill, 2016

The Public Audit Bill, 2016

The Higher Education Loans and Scholarships Bill, 2016

The Electoral Process Bill, 2016

State Audit Commission Bill, 2016

__________

ANNOUNCEMENT BY MR SPEAKER

Mr Speaker: Hon. Members, tonight, the Eleventh National Assembly comes to an end.

Hon. Members: Hear, hear!

I would like to take this opportunity to thank you all, Her Honour the Vice-President and Minister of Development Planning, the Hon. Deputy Speaker, the Hon. Deputy Chairperson of the Committee of the Whole House, the Clerk and her staff, Cabinet Ministers, Deputy Ministers, political party whips and hon. Members of Parliament ...

Hon. Members: Hear, hear!

Mr Speaker: I repeat, all hon. Members of Parliament, ...

Hon. Members: Hear, hear!

Mr Speaker: ... for the unwavering support and co-operation rendered to me during the subsistence of the Eleventh National Assembly.

Hon. Members: Hear, hear!

Mr Speaker: For those of you who have opted to seek a fresh mandate from the electorate, I wish you good tidings and God’s blessings throughout the forthcoming campaign period.

Hon. Members: Hear, hear!
Mr Speaker: For those who have elected or may be compelled to retire from active politics, ...

Hon. Members: Hear, hear!

Mr Speaker: ... I similarly, wish you God’s blessings in your future endeavours and a restful and peaceful retirement.

Hon. Members: Hear, hear!

_________

MOTION

ADJOURNMENT SINE DIE

The Minister of Works and Supply, Chief Whip and Acting Leader of Government Business in the House (Mr Mukanga): Mr Speaker, I beg to move that the House do adjourn sine die.

Question put and agreed to.

__________

The House adjourned accordingly at 2320 hours on Wednesday, 11th May, 2016, sine die.