Friday, 10^th March, 2017

 

The House met at 0900 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

________

 

ANNOUNCEMENT BY MR SPEAKER

 

DELEGATION FROM THE NATIONAL ASSEMBLY OF UGANDA

 

Mr Speaker: Hon. Members, I wish to acquaint the House with the presence, in the Speaker’s Gallery, of the following hon. Members of Parliament and staff from the Parliament of the Republic of Uganda:

 

Hon. Waira Majegere, MP - Leader of Delegation

Hon. Bagoole John, MP

Hon. Karungi Elizabeth, MP

Hon. Olanya Gilbert, MP

Hon. Mwine Mpaka, MP

Ms Tabitha Kauda

Ms Martha Kaganzi - Secretary to the Delegation.

I wish, on behalf of the National Assembly of Zambia, to receive our distinguished guests, and warmly welcome them.

 

Thank you.

 

________

 

BUSINESS OF THE HOUSE

 

The Vice-President (Mrs Wina): Mr Speaker, I rise to give the House some idea of the business it will consider next week.

 

Sir, on Tuesday, 14^th March, 2017, the business of the House will start with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any.

 

Mr Speaker, on Wednesday, 15^th March, 2017, the business of the House will start with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider Private Members’ Motions, if there will be any.

 

Sir, on Thursday, 16^th March, 2017, the business of the House will begin with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will debate the Motion to suspend relevant Standing Orders to enable His Excellency, the President, to address the House on Friday, 17^th March, 2017.  Then the House will consider the Committee Stage of the following Bills:

 

1. the Refugees Bill, National Assembly Bill No. 1 of 2017; and

 

1. the Agricultural Institute of Zambia Bill, National Assembly Bill No. 2 of 2017.

 

Mr Speaker, on Friday, 17^th March, 2017, His Excellency, the President, Mr Edgar Chagwa Lungu will address the House in accordance with Article 9, Clause 2 and Article 86, Clause 2 of the Constitution.

 

I thank you, Sir.

 

________

 

HER HONOUR THE VICE-PRESIDENT’S QUESTION TIME

 

Mr Speaker: Hon. Members, before we proceed with her Honour the Vice-President’s Question Time, Her Honour the Vice-President has a statement to render to the House.

 

The Vice-President (Mrs Wina): Mr Speaker, on Friday, 24^th February, 2017, during the Vice-President’s Question Time, Hon. Jack Mwiimbu asked the following question:

 

“Of late, there has been an unprecedented labour and tribal xenophobia in the Civil Service where a number of civil servants and workers in parastatals who are perceived to be supporters of the UPND, and who hail from the North-Western, Western, Southern and Central Provinces have been dismissed in national interest. I would like to find out whether it is Government’s policy to punish people based on where they come from, and what measures will be taken by perpetrators.”

 

Mr Speaker, following that question, I promised this august House that I would investigate the issue of civil servants being retired in national interest, and that I would come back with a comprehensive response. The following is my response:

 

Mr Speaker, may I start by reminding this august House, and through this House, the nation at large, that the Public Service Management Division (PSMD) under the Office of the President has the mandate to transfer, reshuffle, and, in some instances, retire civil servants as part of the reorganisation of the Public Service in order to ensure greater efficiency and effectiveness in the delivery of services to the people of Zambia. In reorganising the Civil Service, a number of recruitments, transfers, promotions and appointments into various positions, including the Foreign Service, have been made.

 

Further, the re-organisation has resulted in some civil servants being retired, pursuant to the provisions of the Service Commission Policies and Procedures for Employment in the Public Service, No. 40. As read, with the Terms and Conditions of Service for the Public Service No. 38(e) which provides that:

 

“A Service Commission may require an Established Officer to retire in the national interest at the instance of the Government either to take up another appointment outside the Public Service or for other reasons of Government policy.”

 

Mr Speaker, the distribution of officers retired in national interest by province is as follows:

 

         Province                                             Number of Retired Employees

 

         Central                                                            1

         Eastern                                                            3

         Lusaka                                                            2

         Northern                                                         5

         North-Western                                                15

         Western                                                          2

         Southern                                                         9

         TOTAL                                                          37

 

As can be seen from the information given above on officers retired in national interest, there is no particular province or tribe that was targeted. Officers were affected from different parts of the country. There was and there is no victimisation of officers whatsoever.

 

I would like to put it on record that the transfers, reshuffles and retirements Government is carrying out are not based on one’s tribe, religion or political affiliation, but are meant to revamp the Civil Service for effective delivery of services. This is for the benefit of Zambians who expect a great deal from the current administration because they have a great deal of hope from what we promised, them and we would not want to fail on account of a sluggish Civil Service.

 

I thank you, Mr Speaker.

 

Hon. Government Members: Hear, hear!

 

Mr Daka (Msanzala): Mr Speaker, looking at the present Confederation of African Football (CAF) games which have been stupendous, …

 

Laughter

 

Hon. Members: Hear, hear!

 

Laughter

 

Mr Speaker: Continue hon. Member.

 

Mr Daka: …what have we learnt as Zambians, looking at the crosscutting of the players that are in the team? For instance, we have the Sakulandas, the Dakas, the Chilufyas and everybody from all over the country.

 

Hon. Opposition Members: Question!

 

Laughter

 

Mr Daka: What has this shown to this nation is that we should also tap the talent that is in rural areas.

Hon. Government Members: Hear, hear!

 

Interruptions

 

Mr Speaker: Order!

 

The Vice-President: Mr Speaker, before I respond to this very important question, allow me to pay tribute to the women in Zambia and, indeed, around the globe, who marched to remind the world that our families and societies cannot do without women.

 

Hon. Members: Hear, hear!

 

The Vice-President: Equally, I want to salute those gallant men who stood in solidarity with women. Men who believe in the empowerment of women, …

 

Mr Kampyongo: Yes!

 

The Vice-President: … men who believe in gender equality …

 

Hon. Government Member: Yes!

 

The Vice-President: … not as a mere concept, but a living reality.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Sir, coming back to hon. Member’s question on our players, indeed, they have taught us one lesson, that where there is unity of purpose, you can succeed.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: We only hope and pray that the young people in our Under-20 (U-20) soccer team will continue to score more successes, and to make their country proud.

 

I thank you, Mr Speaker.

 

Hon. Government Members: Hear, hear!

 

Mr Luhefu (Manyinga): Mr Speaker, When Her Honour the Vice-President visited Manyinga in the North-Western Province, the Senior Chiefs Kufele of Manyinga and Kabompo district, appealed to Government to accelerate infrastructure development in this area. In response, she told the people of Manyinga through the Senior Chiefs Kufele at a rally, that Government would construct a district hospital and a modern boarding girl’s school. Now, the people in Manyinga are asking, when are these projects commencing?

 

The Vice-President: Mr Speaker, Manyinga is one of the newly created districts. As such, it is still going under transformation in terms of infrastructure development. Indeed, I said this at the rally that I held in Manyinga that Government would provide and was going to construct a district hospital, a boarding school and a police post because these are the features of new district. I know that the hon. Member was not present at that rally because I did not see him there.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: He was told about it.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: However, I would urge the hon. Member of Parliament to inform the Chief that these promises will be fulfilled. Currently, we are going through a heavy rainy season, and most of the projects have stalled, partly for that reason and partly because we were still realigning resources to complete the infrastructure development in all the new districts.

 

I thank you, Sir.

 

Dr Malama (Kanchibiya): Mr Speaker, on October 24^th 1964, we got independence from the United Kingdom. To date, our Government continues to call sub-districts as British Overseas Military Administration (BOMA), when is this going to cease?

 

  The Vice-President: Mr Speaker, there are certain words that have been adopted in the vocabularies of nations, and BOMA is one of them. Apparently, it means British Overseas Military Administration, and to shorten it, Zambians call it BOMA. It has now become part of our vocabulary. When we refer to BOMA we mean the power or the Government authority. It is not used in official communications, but it is used casually by Zambians. Zambians should know where it comes from, and what it means in order for them to know when to use it, and when not to use it.

 

I thank you, Sir.

 

Mr Ng’ambi (Chifubu): Mr Speaker, how is the Patriotic Front (PF), being the party in Government, compared to other political parities registered in the Republic of Zambia, particularly, that the PF is strongly and strategically anchored on pro-poor policies? How is the PF compared to other political parties whose leaders are capitalists?

 

Hon. Government Members: Hear, hear!

 

Mr Speaker: Are you supplying an answer?

 

Laughter

 

Mr Ng’ambi: Some of these leaders are also reported to have grabbed land in their strongholds, displacing the poor.

 

Hon. Government Members: Hear, hear!

 

Mr Ng’ambi: How safe are the Zambian people with such leaders?

 

Mr Chisopa: eh ma neighbour!

 

Mr Speaker: Order!

 

The Vice-President: Mr Speaker, every political party has its own programmes, philosophies and agenda. When you look at the Patriotic Front (PF) manifesto, it will give you an idea of the rationale of the leaders of the party. The PF is a collection formed of structures from various layers of society. This party has demonstrated that it can hold elections from the grassroots to the top most policy making body, ...

 

Hon. Government Members: Hear, hear!

 

The Vice-President: ... which is the central committee, as well as for the top most leader of the party, who is the President.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Sir, as I have said, the PF is a collection of many leaders with one top leader, who is one among equals. There are no sacred cows in the PF. Every leader is subjected to an election.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Membership is drawn from all structures in the party as well as the poor. There is no way this party can champion the cause of international capitalist interests ...

 

Mr Ngulube: And Satanism!

 

The Vice-President: ... whose aim is to subjugate, and exploit the poor. The PF is not only a pro-poor party, but also a home for the poor.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Mr Mukumbuta (Senanga Central): Mr Speaker ...

 

Mr M. Tembo: Sausage!

 

Mr Mukumbuta: ... when the Patriotic Front (PF) took over the Government in 2011, they promised the Zambians’ ...

 

Ms Kapata: Tulawina ifwe

 

Mr Mukumbuta: ... that they are going to govern this nation using the Ten Commandments.

 

Hon. Government Members: Hear, hear!

 

Mr Mukumbuta: Thou shall not steal is concomitant to Ten Commandments ...

 

Interruptions

 

Mr Speaker: Order!

 

Interruptions

 

Mr Speaker: Should we stop?

 

Mr Mukumbuta: Thou shall not steal is concomitant to Ten Commandments of God. One form of stealing, which has made many Zambians to be poor, is corruption.

 

Sir, it seems whistle blowers are not protected. Instead, they are exposed to contempt by being asked to throw the first stone at the accused if they have never sinned. Does the Government still have political will to fight corruption in this country?

 

Interruptions

 

Mr Speaker: Order!

Let us proceed in silence. I thought we had a rest from last night.

 

The Vice-President: Mr Speaker, the poverty we see today in Zambia has its own origins. It started from the time we experienced a change of Government which brought with it the new economic programme of privatisation.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Through the restructuring of our economy, many companies were privatised, sold and closed.

 

Hon. Government Members: By HH!

 

Mr Speaker: Order!

 

The Vice-President: This sent many workers to the streets, and their children began to be street children, which is something that was not known in this country. The poverty that we are addressing today did not start today, nor did it start as a result of the PF as the hon. Member is insinuating.

 

Sir, corruption is prevalent in some of the organs in our country, but this Government is determined to fight it, and it has taken measures to ensure that there are no sacred cows when it comes to corruption, and corrupt practices. The hon. Member should be careful when he uses the word “stealing’. No one has stolen anything. If I had stolen I would not have been in the House this morning as the leader of the party in Government.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: I assure the hon. Member that the President of the country is equally committed to fighting corruption because we know what corruption does to any society.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Mr Mukosa (Chinsali): Mr Speaker, ...

 

Mr Ngulube: eh ma youth aya!

 

Mr Mukosa: ... before I ask my question, I want to thank the Government for creating Lunte District, as well as the other districts in Mpika.

 

Sir, during the campaign period, our beloved President, His Excellency President Edgar Chagwa Lungu, visited Chinsali. He promised the people of Chinsali, the people of Mwilansolo, in Chilinda area to be specific, that he would give them a district. How far has the Government gone in the process of creating Chilinda as a district?

 

The Vice-President: Mr Speaker, the creation of districts requires planning, and it is determined by the population density of those areas. So, the issue of Chinsali, having another new district, is still being considered. Chinsali falls under a new province, Muchinga, which still requires a great deal of support from the Government. It will bring more distress to  Muchinga Province to add another district all at once. The issue of providing another district in that area is being considered seriously.

 

I thank you, Sir.

 

Mr Lufuma (Kabompo): Mr Speaker, …

 

Mr Ngulube: Hear, hear!

 

Mr Lufuma: …Senator John McCain recently said that the muzzling and gagging of private media is the start of dictatorship. In Zambia, we have seen the muzzling and gagging of our media, the fourth estate. We saw, for example, the closure of The Post. In the case of Muvi Television, it was closed and reopened.

 

Interruptions

 

Mr Lufuma: Now, it is a shell of itself. The Mast is being harassed, and, may be, it will soon be closed. Those are the symptoms of dictatorship. The citizens of this country and the international community are getting worried that Zambia is becoming a dictatorship.

 

Interruptions

 

Mr Lufuma: Mr Speaker, the closure of the fourth estate means that the vices and excesses of the Government will go unreported. The freedom of speech and platform that the media provide will be closed. What affirmative action or step is this Government taking to dispel, and ensure that we do not move into a dictatorship?

 

The Vice-President: Mr Speaker, the people of this country have matured to a level where they will never allow a dictatorship. We have come a long way to create a multi-party society. I do not believe that dictatorship will be with us some time. There cannot be muzzling of the media in a country where there are more newspapers and television and radio stations than before. I cannot even count them.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Mr Speaker, I do not understand why we seem to dwell on the issue where one newspaper or radio station goes contrary to the law, and the whole country is smeared black. That is unacceptable. This country is promoting democratic values, and we are operating under the rule of law. I cannot see why the hon. Member believes that there is muzzling of the media in Zambia. These are the stories that we give to the international community when we meet them at private cocktail parties and luncheons. It is amazing how we, Zambians, are the ones who are tarnishing the name and image of our country. It is like we take pleasure in scandalising our leadership and the country to the outsiders. That is definitely a lack of patriotism.

 

Hon. Government Members: Hear, hear!

 

The Vice-President: Sir, it shows that for us to get what we want, we have to spoil other people’s names. For that matter, even spoiling the name of the country is very unfortunate. I hope that the hon. Members will take a cue from some of our neighbours.

 

Mr Speaker, I have just been to Ghana where I witnessed their sixtieth anniversary of independence. The amount of patriotism, the levels of participation from all political parties, opposition and the party in power, the participation of former leaders and literally everybody, really amazed me. This shows the unity in the country when it comes to national matters. There is unity throughout the country, at all levels. Here in Zambia, we even forget that there is something we need to celebrate as an independent state. We boycott so many functions. This shows that we have a long way to learn how to co-exist with one another. The issue of muzzling the media …

 

Interruptions

 

Mr Speaker: Order!

 

The Vice-President: …is not there.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Ms Tambatamba (Kasempa): Mr Speaker, the recently announced austerity measures by the Patriotic Front (PF) Government will definitely impact different citizen groupings at different levels and in different ways. The groupings that are feeling the impact of the measures are female-headed households. May Her Honour the Vice-President give us an idea as to when the backlog of the pensioners’ dues will be settled. I am saying so because the retirees of the Ministry of Local Government in Kasempa, especially, the widows are feeling the pinch. 

 

The Vice-President: Mr Speaker, the hon. Member should realise that one of the austerity measures that the Government has put in place is to ensure that there is no reckless spending so that there is discipline in the management of our resources. The Government has increased the allocation of funds to the Social Cash Transfer (SCT) programme where disadvantaged widows, elderly people and the more vulnerable in our society, including female-headed households will benefit. There are provisions that the Government has put in place to ensure safety nets to cushion our most vulnerable people in our society.

 

Sir, as for pensioners, the Ministry of Finance has allocated K2.9 billion to offset arrears on time, and especially, for those that have waited for a very long time. This is a substantial amount that will go a long way to meet the needs of the pensioners.

 

Mr Speaker, I thank you.

 

Mr Mutale (Chitambo): Mr Speaker, how does Her Honour the Vice-President describe the performance of the kwacha in the recent past and currently against major currencies?

 

The Vice-President: Mr Speaker, in the last two months, the kwacha has continued to be stable and currently averaging K9.5 to a US$1. There are factors that have contributed to this, and one of them is the improvement in the price of copper which is currently at nearly US$6000 per metric tonne as compared to US$4,500 last year. The second one is that there has been an increase in the purchases of Government securities by investment companies and the third one is that there has been increased investment in the mining and agriculture sectors and, of course, the containment in expenditure due to the austerity measures that the Government introduced.

 

Mr Speaker, having said all this, the country should know that for us to strengthen the currency, we need to look at issues that make our kwacha dance to the tune of various shocks. Therefore, we have to address the issue of imports from across our borders. Zambia should come to a time when it considers that it needs to increase and enhance value addition to commodities that it can export to its neighbours to earn foreign exchange that can strengthen the kwacha.

 

Mr Speaker, I thank you.

 

Mr Mwiimbu (Monze Central): Mr Speaker, ...

 

Interruptions

 

Mr Speaker: Continue.

 

Mr Mwiimbu: I would like to state very categorically that, we, in the United Party for National Development (UPND), do not subscribe to blind patriotism.

 

Mr Livune: Hear, hear!

 

Mr Mwiimbu: We are aware that blind patriotism has led to dictatorships in Africa, and high poverty levels. We will not support blind patriotism.

 

Interruptions

 

Hon. PF Members: Ask a question!

 

Mr Speaker: Order!

 

Dr Chanda: He is debating.

 

Mr Mwiimbu: Her Honour the Vice-President responded to the issue I raised last week, and I am grateful. However, we would like to state that the evidence that she has, pertaining to the number of those retired in national interest, is different from the number that we have.

 

Interruptions

 

Mr Chibanda: Those are yours!

 

Mr Speaker: Order!

 

Give me a moment hon. Member for Monze Central.

 

Hon. Members, we cannot proceed in this way. We cannot possibly transact business. It is not possible.

 

Hon. Member for Monze Central may continue.

 

Mr Mwiimbu: Mr Speaker, I was saying that the number that we have, pertaining to the Civil Servants and public workers who have been retired in national interest, is far much higher than the number that she has indicated. We have the evidence. Now that we have the evidence, and you have your own data, will you be averse to an independent investigation by an appropriate committee of Parliament like what happens in other jurisdictions, and what has happened in the past to settle this matter?

 

Hon. UPND Members: Hear, hear!

 

Hon. PF Members: Question!

 

The Vice-President: Mr Speaker, there are channels through which some of these grievances can be taken. We have the Public Protector who can deal with a matter of this type. I do not know where the hon. Member has sourced his figures from, but what I have is what has come from the Government departments that deal with Civil Servants. There are many Civil Servants that are retired in other ways, but I only explained to the House on Civil Servants that have been retired in national interest.

 

Mr Speaker, as for blind patriotism, I think that patriotism comes from one’s heart. It is not something that one can impose on another individual.

 

Hon. Government Members: No!

 

The Vice-President: You have to be proud of your country, your birth-right and the Constitution of your country. If you are not proud of your country, it is very easy for you to be bought, and become a mercenary for another country because you do not love your country as you should.

 

Mr Speaker, the issue that has been brought by the hon. Member was extensively discussed in the House yesterday, and there is really very little need to dwell on it.

 

Mr Speaker, I thank you.

 

Ms Mwape (Mkushi North): Mr Speaker, when is the Government going to issue a comprehensive and holistic policy on the running of Public Service vehicles in terms of hours of operation, action to be taken against erring operators and conditions that must be met for the granting of operating licences?

 

The Vice-President: Mr Speaker, I believe the hon. Minister of Transport and Communication had made a statement on this matter. In addition to that statement, the Government has its own rules and regulations governing the use of public vehicles in the country.

 

I thank you, Mr Speaker.

 

Mr Mwamba (Lubansenshi): Mr Speaker, in 1991, Lubansenshi Constituency in Luwingu was given a state farming block of 19,996 hectares, and 300 farmers settled on that land, and are very productive. Unfortunately, there is no infrastructure on that land. There is no road, school and hospital. May I find out from Her Honour the Vice-President when the Government will provide these necessary amenities?

 

The Vice-President: Mr Speaker, resettlements are an issue of concern to the Government. In past, resettlement communities were not included in planning by various sectors of our economy but we are now making it a point that every ministry has to plan for resettlements. Currently, we are looking at opening up resettlements, not as areas where you send retired people to just languish in the bush, but as new hubs for agriculture production. As such, we want to ensure that we improve the infrastructure in resettlements. We need to provide roads and access to these resettlements. We want to establish clinics in these resentment schemes that is why, currently, the Ministry of Health has allocated fifteen health posts in various resettlements in the country. This shows that resettlements will not be the same again because the Government is planning to develop these resettlements around the country. There are more than a thousand resettlements in the country. It is an opportunity for Zambians to own a piece of land, and develop it for their children and future posterity.

 

I thank you, Mr Speaker.

 

Mr P. Phiri (Mkaika): Mr Speaker, may I find out from Her Honour the Vice-President the progress on the construction of Katete University. When are we likely to see the actual works commence?

 

The Vice-President: Mr Speaker, the issue of the three universities has been a source of debate in the House. However, the best way to go is to ask the hon. Minister of Higher Education to come to the House, and explain to the country how far the Government has gone regarding the establishment of these institutions including the college in Katete.

 

Mr Speaker, I thank you.

 

Ms Chisangano (Gwembe): Mr Speaker, last year, in July, President Edgar Lungu visited Gwembe as he was campaigning, and promised the people that the Boma or the Government Departments will be shifted from Gwembe Township to Munyumbwe for easy coordination. He said that this will be done as soon as possible. The people of Gwembe would like to know when this promise will be implemented.

 

The Vice-President: Mr Speaker, the shifting of Government services from one place to another usually takes time, and preparations have to be made to ensure that where Government workers will be moved, they are provided with the needed infrastructure. This issue of Munyumbwe is still being considered.

 

I thank you, Mr Speaker.

 

Dr Musokotwane (Liuwa): Mr Speaker, I would like to find out when Libonda High School is going to be completed since the school has been 80 per cent complete since 2011. From then onwards, it has stayed stagnant. When is the school going to be finally completed?

 

The Vice-President: Sir, I can assure the hon. Member that Libonda Secondary School and several other secondary schools which were not completed in the first phase of four years will be completed. I cannot give an exact date to the hon. Member, but I know that some progress has been made and we will ensure that completion takes place not only at Libonda but also as I have indicated; other secondary schools earmarked for completion. We need those schools to be completed the soonest because we know the challenges our children are going through to move to areas where they have to be weekly boarders under very harsh conditions.

 

So, Mr Speaker, I can assure the hon. Member that that school’s work is in progress.

 

I thank you, Mr Speaker.

 

Mr Siwanzi (Nakonde): Mr Speaker, there are serious security concerns in Nakonde. Murders and robberies are the order of the day because Nakonde has only a police station and one police post. Considering that this is a town bordering Malawi and Tanzania, what is the Government doing about this security concern.

 

The Vice-President: Mr Speaker, I take it that immediately a crime happens in a given place it is reported to the authorities. I am wondering why the hon. Member for Nakonde had to come all the way to Parliament to ask about the rise in crime rates in Nakonde instead of going to the Ministry of Home Affairs to emphasise the need to secure that place for the people to enjoy security. Nakonde is a very important area especially, the border posts where the Government collects a lot of revenue to support our economy. It is in the interest of the Government and everyone to ensure that peace prevails in Nakonde, and that the place is freed from any type of crime.

 

I thank you, Sir.

 

Dr Kambwili (Roan): Mr Speaker, Cabinet passed a policy that quarrying and brick moulding should be left for Zambians. However, we have continued to see many Chinese nationals coming up with brick manufacturing plants.

 

Hon. Opposition Members: Hear, hear!

 

Dr Kambwili: Some jobs were a preserve of Zambians, but we see Chinese nationals maintaining or renovating even hon. Ministers’ houses. What will be left for the Zambians?

 

Hon. Opposition members: Hear, hear!

 

Dr Kambwili: What is this PF Government doing to achieve its pro-poor policy?

 

Hon. Opposition Members: Hear, hear!

Hon. Opposition Members: Hear, hear!

 

Mr Sikazwe: Traitor!

 

The Vice-President: Mr Speaker, indeed, the Government intends to empower Zambians, and it has come up with a number of policies …

 

Interruptions

 

Mr Speaker: Order!

 

The Vice-President: … in the construction and agriculture industries and other sectors of the economy.

 

Interruptions

 

Mr Speaker: Let us have order on the left!

 

The Vice-President: Sir, I can assure the hon. Member of Parliament that the Government will empower Zambians with skills to undertake certain jobs. Therefore, the Ministry of Commerce, Trade and Industry is already empowering some of them in the block-making and quarrying industry.

 

I thank you, Sir.

 

__________

 

QUESTIONS FOR ORAL ANSWER

 

NATIONAL FOOD AND NUTRITION COMMISSION ACT

 

164. Mr Ng’onga (Kaputa) asked the Minister of Health:

 

1. whether the Government had any plans to review the National Food and Nutrition Commission Act to bring it in line with the current nutritional challenges the country is facing;

 

1. if so, when the plans would be implemented; and

 

1. if there were no such plans, why.

 

Mr Mwiimbu: On a point of order, Sir.

 

Mr Speaker: A point of order is raised.

 

Mr Mwiimbu: Mr Speaker, is Hon. Sikazwe …

 

 Mr Speaker: Hon. Mwiimbu, the hon. Minister is on the Floor.

 

The Minister of Health (Dr Chilufya): Mr Speaker, the Government has plans to amend the National Food and Nutrition Commission (NFNC) Act Chapter 308 of the laws of Zambia in order to bring it in line with the current nutrition challenges the country is facing. To this effect, Cabinet at its meeting held on 19^th October, 2016, approved, in principle, the introduction of a Bill in Parliament to repeal and replace the current NFNC Act. My ministry has successfully completed the review of the Act and development of a layman’s draft Bill. Drafting instructions have already been submitted to the Ministry of Justice, and the drafting process has reached an advanced stage.

 

Sir, it is expected that the Bill will be published, and introduced in Parliament before the end of the year.

 

Mr Speaker, as indicated above, the Government has plans to repeal and replace the NFNC Act and the process has reached an advanced stage.

 

Mr Speaker, I thank you.

 

Mr Ng’onga: Mr Speaker …

 

Mr Mwiimbu: On a point of order, Sir.

 

Mr Speaker: A point of order is raised.

 

Mr Mwiimbu: Mr Speaker, you have always guided that a point of order must be contemporaneous, and that which deals with the breach of procedure on the House and privileges of the hon. Members should be raised at any time, and that is why I rose on the Floor of the House to bring it to your attention that there is a problem.

 

Sir, is Hon. Sikazwe in order to threaten Hon. Kambwili pertaining to the question he asked Her Honour the Vice-President?

 

Interruptions

 

Mr Mwiimbu: As a result of the altercation, a fight almost ensued, and that is why I am raising the point of order.

 

Interruptions

 

Mr Speaker: Order! Let us have order!

 

 I was, not for obvious reasons, able to follow all those events that you have described. However, whatever it was, please, it is beyond debate that we must proceed in a civil manner. I cannot vouch for what happened because I did not see anything, anyway. Nonetheless, let us proceed in a civil manner. That is the etiquette of the House. I do not want to belabour this point.

 

Continue, hon. Member for Kaputa.

 

Mr Ng’onga: Mr Speaker, what are the salient features of the draft Bill compared to the existing Act?

 

Dr Chilufya: Mr Speaker, I am not in a position to discuss the contents of the draft Bill before it is approved at appropriate levels. I want to assure the hon. Member that with the mandate from Cabinet, I will reveal the contents of the Bill to the House.

 

Mr Speaker, I thank you.

 

Mr Muchima (Ikeleng’i): Mr Speaker, the ministry recently employed more than 400 technicians who have not yet been deployed. Will they only be re-engaged after the Bill is presented to Parliament?

 

Dr Chilufya: Mr Speaker, I would like to confirm that the Patriotic Front (PF) Government, under His Excellency Mr. Edgar Chagwa Lungu, has employed 7,400 health workers including more than 500 nutritionists, and they have been deployed to all districts in the country. This is in line with the Government’s vision to ensure that the aspect of nutrition is addressed because it is a critical social determinant to the health of our people. So, addressing human resource for nutrition has been our priority. I can confirm that, after so many years, the Government has recruited all the nutritionists who were out of employment. Therefore, every district has nutritionists in order to address nutrition as a critical investment in our health systems.

 

Mr Speaker, I thank you.

 

Mr  Miyutu (Kalabo Central): Mr Speaker, I would appreciate if the hon. Minister …

 

Mr Nkombo: On a point of order, Sir.

 

Mr Speaker: A point of order is raised.

 

Mr Nkombo: Sir, Hon. Sikazwe’s behaviour is unbecoming.

 

Interruptions

 

Mr Speaker: Order!

 

Mr Sikazwe: Kwaba kutumpa uku nomba.

 

Hon. UPND Members: Aah!

 

Mr Speaker: Order!

 

Mr Nkombo: You cannot tell me ‘ukutumpa’. How can he say I am stupid? I am not Kambwili.

 

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

 

Interruptions

 

Mr Speaker: Order! Let us have Order!

 

Mr Sikazwe left the Assembly Chamber.

 

Interruptions

 Mr Speaker: Order! Order!

 

Mr Ngulube: Ba Sikazwe, ema ministers!

 

Laughter

 

Mr Nkombo: Mr Speaker, procedurally, when a point of order is raised on an hon. Member, it is not in order for that hon. Member to leave the House the way Hon. Sikazwe has done. Over and above, my substantive point of order, Hon. Sikazwe has called me stupid. As he was walking out of the House, he was saying we mbwa we to me, meaning you dog. That aside, Cap 12 of the Laws of Zambia addresses the privileges and immunities of an hon. Member. Before Hon. Mwiimbu raised his point of order, the hon. Member of Parliament for Roan Parliamentary Constituency exercised his right, and asked Her Honour the Vice-President a question. However, he was admonished by Hon. Sikazwe. Truthfully, you may not have heard what was being said, but those of us who are at earshot heard. The altercation continued even after you guided. That is why in raising my point of order, I started by saying that the hon. Member’s conduct is unbecoming. That is when he called me a fool.

 

Sir, is he in order to leave the House after I raise a procedural point of order on him? I would like to listen to the hon. Member’s follow-up question.

 

Mr Ngulube: You can also go out.

 

Mr Speaker: Order!

 

M Nkombo: I can beat up that one who is talking. That is the problem with me.

 

Laughter

 

Mr Nkombo: That is the precise problem with me.

 

Laughter

 

Mr Nkombo: If you are man enough, let us leave the Chamber in peace, and go outside.

 

Laughter

 

Mr Nkombo: Is Hon. Sikazwe in order, Sir?

 

Mr Ngulube rose and started walking towards Mr Nkombo, but soon resumed his seat.

 

Laughter

 

Mr Nkombo: I can beat him.

 

I need your ruling on this matter, Sir.

 

Mr Speaker: I reserve my ruling.

 

Mr Miyutu: Mr Speaker, I was saying that if the Government has employed nutritionists, then we appreciate that. However, the understanding, on the ground, is that these nutritionists have been temporarily put on suspension. That is not to say the suspension is a disciplinary measure, but that they are simply waiting to be put on the payroll. Could the hon. Minister clarify that issue.

 

Dr Chilufya: Mr Speaker, let me assure the House and the nation that nutritionists have been employed, and that the process of placing them on the payroll is on-going. As far as we know, we have not recalled or retracted any employment. Therefore, nutritionists have been employed, and many more are being put on the payroll. That is an administrative process, and there is no turning back. So, to answer the hon. Member’s question, there is no such thing as nutritionists being recalled, or their employment being withdrawn. I want to assure the hon. Member on that one.

 

Mr Speaker, I thank you.

 

Mr Mukata (Chilanga): Mr Speaker, the hon. Minister is well travelled, and just recently, he was in Washington D. C. When you compare our hospitals to those in other countries, the facts are that rural clinics in those places have nutritionists and every patient, regardless of the ailment, will have a nutritionist to attend to them. Clearly, this is because medications need a nutritional component. What are the Government’s plans to bring to the fore the importance of nutritionists in this country, and deploy them alongside other medical staff in all the rural health centres and other medical institutions?

 

Dr Chilufya: Mr Speaker, I thank the hon. Member for that very important question. Nutrition is, indeed, a very important aspect of health. Therefore, in our quest to strengthen our health systems, and expand access to health services for the people of this country, we are taking a holistic approach. We are engaging all stakeholders that manage the social determinants including the critical nutrition. So, we are not working in isolation. We are working with the Ministry of Agriculture in order to address the issue of food security. That is very important because if we are food secure, our people will have the right food. As the Ministry of Health, we have also re-organised ourselves to introduce a new directorate called Health Promotion, Environment and Social Determinants. Health promotion is aimed at disseminating key information on nutrition, amongst other things. Nutrition, if done well, will protect our people from many ailments including non communicable diseases.

 

Sir, nutrition is a critical component of health. The Social Determinant Unit is a platform which will be used to engage all other stakeholders in nutrition to ensure that we influence health in all policies, in particular nutrition. So, I agree with the hon. Member that nutrition is critical, and it is for this reason that we are engaging all stakeholders to ensure that we address that.

 

Mr Speaker, on the aspect of ensuring that Zambians have access to nutritionists, I want to say that our human capital development plan is such that we have expanded infrastructure on our training institutions to ensure that we recruit more students to pursue courses of nutrition. Furthermore, in the wider context of fiscal consolidation, the Government will spare expenditure on health. As you have noted, this year, the Health Sector is amongst the three sectors that have done recruitment. This will go on because human resource for health is a critical component of health systems. We are determined to fix our health systems, particularly, on human resource. So, I want to re-assure you that the process that has begun is only the first step. We will continue recruiting nutritionists as we churn them out from training institutions.

 

I thank you, Sir.

 

Mrs Katuta (Chiengi): Mr Speaker, I would like to thank the hon. Minister of Health for sending us nutritionists. I believe that the Ministry has also sent one to Kaputa. However, the challenge that is there is transportation; kauta being the remote area. The nutritionists that you have sent to us need to reach out to the communities in the remote areas. Are you going to provide these nutritionists with transport such as motorbikes?

 

Dr Chilufya: Mr Speaker, we do recognise that as Government, our resources for health care expenditure are finite and inadequate. Therefore, we have embraced partnerships with key allies like the Swedish International Development Cooperation Agency (SIDA) and the United States Government, who are supporting the Ministry of Health in procuring new motorbikes and vehicles to support activity implementation at district level. We have also re-organised ourselves to ensure that many staff that was working at the centre are moved to the frontline, and that has also come with vehicles.  Many vehicles are being sent to the frontline. So, I want to assure you that before the end of the year, there will be motorbikes and vehicles that will go to various districts. This will be done in a phased manner as the support pools in from our cooperating partners.

 

I thank you, Sir.

 

INTER-CITY BUS TERMINUS IN LIVINGSTONE

 

165. Mr M. Jere (Livingstone) asked the Minister of Housing and Infrastructure Development:

 

1. when the construction of the Inter-City Bus Terminus in Livingstone would be completed;

 

1. what has caused the delay in completing the project;

 

1. what the cost of the outstanding works was; and

 

1. what the time-frame for the completion of the remaining work was.

 

The Minister of Housing and Infrastructure Development (Mr Chitotela): Mr Speaker, the construction of the inter-city bus terminus in Livingstone, which was being built in readiness for the United Nations World Tourism Organisation (UNWTO) Conference …

 

Interruptions

 

Mr Speaker: Order, on the left!

 

Mr Chitotela: …held in the city in 2013, has not been completed to-date due to the cost escalation arising from the extra works not captured in the initial design by the consultant.

 

Mr Speaker, the client, the Ministry of Local Government, has been having difficulties with the mobilisation of the additional funds. The outstanding amount of K17 million is required to complete the construction of the station. This project could be completed within six months upon the sourcing of this amount. 

 

I thank you, Sir.

 

Mr Jere: Mr Speaker, it would be a plus for Livingstone, the tourist capital of Zambia, to have an inter-city bus terminus. The station that is being used, at the moment, was given to bus operators on temporal basis. The facility has had no toilet since 2012, and this is not good for the city. Bearing in mind these financial constraints, can the Government consider handing over this project to the council for completion, since only minor works remain to be done, so that the station can be operational.

 

Mr Chitotela: Mr Speaker, when I visited Livingstone, I engaged the Livingstone City Council management, in the presence of the area Member of Parliament, and we agreed that out of the Local Government Equalisation Fund, which is received monthly from the Ministry of Finance, the council could apportion a certain amount towards the completion of the bus station which will be a source of revenue for the local authority once it is completed. 

 

I thank you, Sir.

 

Mr Mweetwa (Choma): Mr Speaker, I thank you for giving me the opportunity to ask a supplementary question.

 

On a lighter note, Sir, I was wondering what the role of the hon. Minister of Religious Affairs and National Guidance is. Perhaps she can brief me at break on why she did not intervene to preach peace between the warring Members of Parliament.

 

Laughter

 

Mr Mweetwa: Mr Speaker, the question of the completion of the inter-city bus terminus, in Livingstone has been nagging. Now, the hon. Minister is saying that the cost for the outstanding works is K17 million. I recall, as Public Accounts Committee (PAC) member, visiting the area to inspect the structure some two or so years ago, and the cost was less than K17 million.

 

Hon. Minister, understandably so, the outstanding cost is escalating. However, I believe that by now, had you put more effort as Government, these works would have been completed and the people would have been using this structure. What is your ministry, which is in-charge of such infrastructure, doing to ensure that it escalates its own efforts to mobilise funds to stop the escalation of this outstanding cost since you said that the client, the Ministry of Local Government, has been having difficulties to mobilise funds to complete the structure?

 

Mr Chitotela: Mr Speaker, I think the hon. Member was instead paying attention to the warring hon. Members.

 

Laughter

 

Mr Chitotela: I stated that the last time I visited Livingstone, I engaged the council management and suggested to them to apportion the percentage meant for infrastructure development within the Local Government Equalisation Fund towards the completion of the inter-city bus terminus and market, and they agreed. As I speak, the contractor has procured the furniture, and all that remains to be done is the paving, improvement of sitting arrangement and the toilet system. If the council management implements what we suggested, the bus terminus should be complete and open to the general public within six months. 

 

I thank you, Sir.

 

Mr Livune (Katombola): Mr Speaker, to avert vandalism, who is securing the property, and at whose cost?

 

Mr Chitotela: Mr Speaker, Ndilila Consultant, who is the main contractor, is still in-charge of the property. Until the property is handed over to the Government, it is the responsibility of the contractor to ensure that it is well-secured.

 

I thank you, Sir.

 

Mr Nkombo (Mazabuka Central): Mr Speaker, if I heard the hon. Minister correctly …

 

MR Ngulube interjected.

 

Mr Nkombo: I will not beat Hon. Ngulube even though he continues to run commentaries.

 

Laughter

 

Mr Nkombo: He is a young man; a boy.

 

Laughter

 

Mr Nkombo: Sir, …

 

Mr Speaker: Order!

Hon. Member for Mazabuka Central, I hope that is in jest.

 

Mr Nkombo: Of course, Sir.

 

Mr Speaker, in his initial response, the hon. Minister said that there was a shortfall of K17 million, and that they would ask the council to apportion some monies from the Local Government Equalisation Fund in order to complete this structure, and that they were anticipating that the inter-city bus station would be open and operational within six months.

 

From my recollection, this inter-city bus terminus as well as the market was supposed to be ready in 2013 when we hosted the United Nations World Tourism Organisation (UNWTO) Conference. Is it not prudent, hon. Minister, to state that you have failed to find money for this project because Livingstone is where it is, and that you are also losing revenue due to the delay in opening the station? 

 

Hon. UPND Members: Hear, hear!

 

Mr Chitotela: Mr Speaker, I cannot say that. To put things into perspective for the hon. Member of Parliament for Mazabuka Central, I said that the shortfall of K17 million is as a result of the works left out by the contractor.  As works progressed, the contractor brought in other works that made the cost to escalate to K17 million.

 

To this end, the total budget for the completion of the inter-city bus terminus came to K56 million, and the Government has so far spent K39 million. If this outstanding cost of K17 million is made available, the project will be completed within six months. This is what I said, and I added that the last time I visited Livingstone, I engaged the council management to apportion part of the Local Government Equalisation Fund towards the completion of the project while the Government was mobilising funds. This is a good opportunity for them. Besides, this station, once completed, will be a source of revenue for the city of Livingstone.

 

Mr Speaker, I thank you.

 

Mr Chaatila (Moomba): Mr Speaker, I feel that the hon. Minister has not answered the question from the hon. Member of Parliament for Livingstone, Mr Jere’s question was, “do you have any intentions of handing over the project to the city council since you have failed to complete the project without coming into terms with the use of the equalisation fund?” If you have failed to finish this project, please, inform this House whether you can hand it over to the city council or not.

 

Mr Chitotela: Mr Speaker, there is no question of failure. The project is within the period of implementation despite the delays, and as I have said, it has delayed because the consultant kept on coming up with other additional works which were not part of the initial project. As a result, the cost of implementing the project was also increased. The Livingstone City Council which is under the Ministry of Local Government, who is the client, is part of the Government. Therefore, the Government cannot get back a project which is incomplete from the contractor.

 

Sir, I would like to invite the hon. Member of Parliament to visit the ministry because, at the moment, there is serious progress in the Ministry of Local Government, who are the client. There is a number of small works that are going on. All things being equal, this project will be completed. The Government wants to hand over a project which will serve the people. We do not want to hand over an incomplete project to the user council because it will not benefit the Zambian people.

 

I thank you, Sir.

 

PILYESHI KAPILYA COMMUNITY SCHOOL IN SERENJE

 

166. Mr Kabanda (Serenje) asked the Minister of Housing and Infrastructure Development:

 

1. when the construction of Pilyeshi Kapilya Community School in Serenje Parliamentary Constituency would commence;

 

1. what had caused the delay in commencing the project, considering that building materials had already been procured;

 

1. what the name of the contractor was;

 

1. how much money had been spent on the project so far; and

 

1. what the estimated time-frame for the completion of the project was.

 

Mr Chitotela: Mr Speaker, the construction of the Pilyeshi Kapilya Community School will commence once the community makes the required 25 per cent contribution towards the project. The school was funded in 2014, under the Improvement of Pole and Mud Schools. The target were; construction of one by two classroom blocks, two staff houses and two double Ventilated Improved Pit (VIP) latrines. The project was of a community-mode type. The community was supposed to contribute 25 per cent in form of local materials like building sand, river sand and crushed stones. Up to now, the community has failed to meet their obligation. The project, therefore, will only commence when the local materials are mobilised by the community.

 

Sir, the delay in completion of the project was due to the failure by the community to contribute 25 per cent towards the cost of the project as required in the community-based project.

 

Mr Speaker, the name of the contractor is Zakuku General Contractors, and the project was a labour-based contract.

 

Sir, the total cost of the project was K470,000. The Parent Teachers Association (PTA) spent K320,000 on materials and the balance of K150,000 was meant to pay the contractor.

 

Mr Speaker, the estimated time-frame for the completion of the project is one year, once the community contribution of 25 per cent obligation is met.

 

I thank you, Sir.

 

Mr Kabanda: Mr Speaker, most of the materials like cement and paint have since gone to waste. The cement has hardened, and the paint has expired. So, I do not know who is going to meet the cost of these materials.

 

Mr Chitotela: Mr Speaker, the information that we have is that the cement was given out to other schools in form of a loan to avoid wastage but if the statement by the hon. Member of Parliament is at variance with the information that we have, we need to visit the site and verify this issue. For fear that the cement would go to waste, if they kept it for a long time, the PTA gave it to other schools to use. Once the community meets its obligation, they will demand this cement back from the schools that borrowed from them, for the implementation of this project.

 

I thank you, Sir.

 

Ms Kasune (Keembe): Mr Speaker, I would like to find out whether there is a system in place for the Government projects, in particular, the one by three classroom which tend to be costly compared to other organisations doing the same works. Having had the background in a non-governmental organisation, would the hon. Minister compare their Government projects, which sometimes, are three times more costly, and sometimes twice the amount, if they do have that system in place.

 

Mr Chitotela: Mr Speaker, to a certain extent, Government jobs have been expensive as compared to the jobs done by the private companies. That is why this Government, under the leadership of President Lungu, put the public infrastructure under one ministry so that we can have a mechanism to control the cost. Previously, we had various ministries coming up with various Bill of Quantities (BoQs), and implementing infrastructure development. So, the control mechanism was a challenge. Now, going forward, we would want to come up with the cost estimate and a price-capping mechanism for certain infrastructure. If I am building my own school, and the cost is K20,000, why should the Government infrastructure cost double that price? So, we should be able to put a mechanism that controls the way the Government infrastructure is priced.

 

I thank you, Sir.

 

Mr Lufuma: Mr Speaker, if I heard the hon. Minister correctly, he said that the pre-condition for commencement of such projects is the 25 per cent contribution by the community. At the same time, I heard that materials were taken to the site by the Government, and the project was supposed to commence immediately after. Now, why did the Government, given this pre-condition, procure materials and take them to the site in order to commence the project if the pre-condition of such projects was the 25 per cent contribution from the community?

 

Mr Chitotela: Mr Speaker, I stated that the Government released K470,000 as part of the Government contribution. Twenty-five percent was supposed to come from the community. The PTA decided to buy the materials amounting K320,000 on the understanding that the community will meet their 25 per cent obligation. However, the community did not meet their obligation. That is why the project could not start, but what necessitated the PTA to buy the materials was an understanding that the community will meet their obligation of 25 per cent. Up to date, the community has not met this obligation. As a result, the K150,000 that was meant for the contractor has not been paid because this contract is labour-based, with the involvement of the community.

 

I thank you, Sir.

 

Mr Speaker: Order!

 

Business was suspended from 1040 hours until 1100 hour.

 

 

[MADAM DEPUTY SPEAKER in the Chair]

 

167. Ms Katuta (Chienge) asked the Minister of Energy:

 

(a)whether the Government had any plans to connect Lambwe-Chomba in Chienge District to the national electricity grid;

 

(b)if so, when the project would commence;

 

(c)what had caused the delay in commencing the project; and

 

(d)what the total cost of the project was.

 

The Minister of Energy (Mabumba): Madam Speaker, the Rural Electrification Authority (REA) has plans to connect Lambwe-Chomba in Chienge District to the national grid. According to the Rural Electrification Master Plan (REMP), the electrification of Lambwe-Chomba is earmarked for 2018. There is no delay in the implementation of the project because according to REMP, the electrification of Lambwe-Chomba is earmarked for 2018, as earlier stated. From the feasibility study that was conducted last year, the total estimated cost of implementing the project is K12.5 million. However, the implementation of this project will be subject to the availability of funds in that particular year.

 

I thank you, Madam.

 

Ms Katuta: Madam Speaker, is the hon. Minister of Energy aware that this project is actually one of the promises that His Excellency the President made to the people of Chienge? Even recently when he visited Kawambwa, he assured the people that they are going to be connected to the national electricity grid. The hon. Minister is saying that implementation of this project will depend on the availability of funds. In other words, this project is not likely to take-off in 2018. So, I would like to find out whether what the President promised the people of Lambwe-Chomba is going to take place or not.

 

Mr Mabumba: Madam Speaker, for Hon. Katuta’s information, I am a foot soldier and I have campaigned in Lambwe-Chomba several times since I become an hon. Member of Parliament. I obviously know the challenges of the people in that area and this is why according to REMP, we are committed to ensure that this project is done in 2018. However, project implementation and execution, as the hon. Member is aware, obviously depends on us providing the funds in the budget. Our expectation is that as far as the budget for 2018 is concerned, we will make provision for us to implement the project in Lambwe-Chomba.

 

Madam Speaker, as the hon. Member is also aware, the distance between where we will get the power in Kaputa to Lambwe-Chomba is not more than 20 km. According to the feasibility study that I mentioned earlier, the amount for the project is K12.5 million. So, I want to assure the people of Lambwe-Chomba, where I have been several times, that this project is going to be undertaken. However, as I have said, the funds have to be provided in our budget for 2018.

 

I thank you, Madam Speaker.

 

Mr Ng’onga (Kaputa): Madam Speaker, on behalf of the people of Lambwe-Chomba, who are neighbours to the people of Kaputa, I would like to find out whether there is any other thing that can be done between now and 2018, when this project will be implemented. Something has to be done to ensure that the people of Lambwe-Chomba have access to some form of power so that they can also invest in some business ventures. I have in mind anything to do with solar systems.

 

Mr Mabumba: Madam Speaker, one of the critical parts of project implementation is obviously a feasibility study, in order to confirm how much a project is going to cost. For this particular project, that has already been done. So for me, that is the surest way of knowing that the people of Lambwe-Chomba are going to be connected to the national electricity grid.

 

Madam Speaker, if we were to do solar home systems now in the area and then at a later stage, which is just a few months from now, we go and do this grid extension project, it would be a sheer waste of investment, honestly speaking. So, the long term investment is for us to carry out a grid extension from Kaputa into Lambwe-Chomba. I have already confirmed that the feasibility study has already been done and the implementation year of the project is 2018, which is just a few months from now. I repeat that we are going to do a grid extension so that we connect the people of Lambwe-Chomba. In the interim, I do not think there is anything that we can do because even if we put up solar home systems now, next year we will be carrying out this project and, therefore, there will be no value for money in terms of the project implementation.

 

I thank you, Madam.

 

Mr C. M. Zulu (Luangeni): Madam Speaker, I think the challenge that the Rural Electrification Authority (REA) has is that of lack of funding. I am aware that a lot of projects are being carried over from one year to another. The projects that were supposed to be done three or four years ago have not been done. What is the hon. Minister of Energy doing with his counterpart in the Ministry of Finance to make sure that these projects are actually done?

 

Mr Mabumba: Madam Speaker, I agree with what Hon. Zulu, who has been in that ministry before, has said. If you look at the budget for REA, it is only K114 million. However, some of the projects we are doing in terms of grid extension will cost even US$4 million. So we can only do maybe four projects in a year for the whole country. Due to the lack of sufficient funds, REA has got a number of projects that have been carried over from one year to another. This is why my colleagues from all the parastatals and institutions under the Ministry of Energy and I had a meeting with the hon. Minister of Finance, just to showcase to him how inadequate the money that we are allocating to REA is. I am sure we will be having further discussions with the Ministry of Finance just to see how best we can restructure the funding and operational mandate of REA in 2018, so that it really focuses on electrifying the rural areas. As the hon. Minister of Energy, my view is that we are trying, but we are not doing our level best because of the operational nature of REA.

 

I thank you, Madam Speaker.

 

Mr Muchima (Ikeleng’i): Madam Speaker, energy is the most attractive and economically viable sector in this country. I am wondering why Lambwe-Chomba cannot be connected to the national electricity grid. On its own, the Rural Electrification Authority (REA) will not be able to connect many places using money from the Ministry of Finance and we will keep on politicking. Why can the Ministry of Energy not relax the rules so that the authority can go into Public Private Partnership (PPP) arrangements? This would allow capable private individuals to come and help so that the whole country can benefit because energy projects are very profitable. As the rules are, the ministry is monopolizing the energy sector.

 

Mr Mabumba: Madam Speaker, if Hon. Muchima had listened attentively, he would have heard two things I said. Number one was that we have to restructure the budget for the Rural Electrification Authority (REA) and number two, restructure its operational mandate. In restructuring the operational mandate of REA, we are thinking of letting the private sector collaborate with REA to do some of these projects in the rural areas. For example, REA can look for a partner from the private sector to take off-grid power solutions to Nsama and connect the people in Nsama other than depending on a grid extension project to take power there.  So, Hon. Muchima, if you are interested in that venture as an entrepreneur, we will be opening the operational mandate of REA so that you and other colleagues and councils can partner with REA to do these projects in the rural areas. That restructuring is coming, but of course, subject to approval.

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

Mr Mukata (Chilanga): Madam Speaker, this might sound a bit monotonous, but there are similar concerns across the country. Mpambamano, which is just 40 km from here, is not connected to power and the Rural Electrification Authority (REA) has been approached, but it asked us to submit certain documents. My colleague, the former hon. Deputy Minister, Hon. Zulu, can attest to the fact that there is no coordinated approach and prioritisation by REA. We are now talking of electrifying Nsama, which perhaps made its request for electrification later than other areas. Is it possible for the hon. Minister to avail us with an infrastructure development plan? I think we need to get infrastructure development plans across ministries.

 

Mr Mabumba: Madam Speaker, the only way we can really make sure that our rural areas, like the example Hon. Keith Mukata has given are electrified, is by restructuring the Rural Electrification Authority (REA). We have schools and Government institutions which are within Lusaka, but unfortunately, they are not connected. This is why I am saying that we need to restructure REA so that we can electrify more areas. Today, I was talking to people at REA and I said, “You guys, do we have a database on how many Government institutions ...”

 

Madam Deputy Speaker: Hon. Minister, withdraw the word “Guys.”

 

Mr Mabumba: Madam Speaker, I apologise. I was asking REA whether we have a data base that informs us of how many Government institutions across the country are not connected. We do not have that basic information and that is a problem. I know that REA has the Rural Electrification Master Plan which Hon. Keith Mukata made at the right time. I can come and share it with the hon. Members of Parliament so that they will be able to know how their constituencies have been planned in terms of electrification. However, the bottom line is what Hon. Zulu said, which is a question of money. Hon. Colleagues, if you look at the money appropriated to REA, it is not enough. You appropriated K114 million to REA. You can only do two big grid extension projects of about 100 km with that money. When we compare ourselves with other countries, they appropriate more money to this issue than us. For example, Tanzania’s agency for rural electrification is given trillions in the budget.

 

 I think we can have very good plans, but what is important as we go into 2018 is that the hon. members should look at the budget that will be given to REA because most of them come from rural constituencies. This is why I took the initiative of engaging Hon. Mutati at the earliest time before the Budget for 2018 so that he can look at how we can restructure the financing to REA because if we do not do that, it will be difficult to reach many of our rural areas. Even in the context of a small budget, if we can restructure the way REA does things, we can achieve more results compared to what we are achieving now.

 

I thank you, Madam.

 

Mr Daka (Msanzala): Madam Speaker, what is the Government doing to ensure that green fields in terms of solar energy, are encouraged? Today, the rates we are charging for electricity are too low to attract the private sector to invest in the sector. If we isolate domestic users from the grid and put them on solar power, the excess power can be used for industrial and commercial use. What is the Government doing in that area?

 

Mr Mabumba: Madam Speaker, this is why I said that if we can reposition the Rural Electrification Authority (REA) and allow it to partner with the private sector, we can do a lot of off-grid solutions in our rural areas. Many of these off-grid solutions will constitute solar energy. Let me give an example. Taking power from Solwezi to Mushindamo Secondary School will cost almost US$4 million. Is that value for money? My answer is no. However, if we installed solar home systems, that US$4 million would connect Mushindamo and many other Government institutions in that location. This is why I am saying that as much as we should continue doing the grid extension, going forward, I believe REA should concentrate on providing solar home systems and it can only do that when we restructure its mandate. I cannot disclose anymore in terms of what the structure for REA will be going into 2018, unless we get the necessary approval.

 

I thank you, Madam.

 

KASABA/CHUNGU/LUWINGU ROAD

 

168. Mr Bwalya (Lupososhi) asked the Minister of Housing and Infrastructure Development:

 

1. when the Kasaba/Chungu/Luwingu Road would be upgraded to bituminous standard;

 

1. who the contractor for the project was; and

 

1. what the total cost of the project was.

 

The Minister of Housing and Infrastructure Development (Mr Chitotela): Madam Speaker, the works to upgrade the Kasaba/Chungu/Luwingu Road will commence as soon as funds are available.

 

Madam Speaker, the contract was awarded to Messrs Mota Engil Engenharia of Portugal.

 

Madam Speaker, the project sum is K238,939,701.83

 

I thank you, Madam.

 

Mr Bwalya: Madam Speaker, this contract was signed in December, 2014, and the contractor moved on the site for six months. Eventually, he had to demobilise. The people of Lupososhi Constituency and Chifunabuli in Samfya are devastated. Can the hon. Minister be more categorical as to when he and the hon. Minister of Finance will be able to provide the necessary funding to this project?

 

Mr Chitotela: Madam Speaker, it is true that this is Lot II of the road which starts from Musaila to Kasaba up to Chungu. Lot I was given to BSBK Limited, which is currently working on it. Lot II was given to Messrs Mota Engil Engenharia of Portugal. However, because the Government did not provide the contractor with the 15 per cent funding of the project, the contractor demobilised. The contractor has expressed interest in the contractor-financing initiative and he submitted the term sheet to the ministry. We went through it with the Road Development Agency (RDA) and the contractor and we approved it. We have forwarded it to the Minister responsible for financing to look at a possible engagement with the contractor. As you may be aware, Madam Speaker, that the Loans and Guarantees Authorisation Act, only permits the Minister of Finance to commit the country in debt. I know that we have been engaging him, and all things being equal, very soon, I want to assure the people of Luwingu and Samfya that we cannot do Lot 1 and not finish Lot 2. Then it will be money not worth spent. Very soon, we shall embark on the construction of Lot 2 of the Kasaba up to Luwingu Road.

 

Madam Speaker, I thank you.

 

______

 

BILLS

 

FIRST READING

 

THE BANKING AND FINANCIAL SERVICES BILL, 2017

 

The Minister of Justice (Mr Lubinda) (on behalf of the Minister of Finance (M. Mutati): Madam Speaker, I beg to present a government Bill entitled the Banking and Financial Services Bill, No. 7 of 2017.

 

I thank you, Madam Speaker.

 

Madam Speaker: The Bill stands referred to the Committee on Economic Affairs, Energy and Labour. The Committee is required to submit its report on the Bill to the House by Friday, 24^th March, 2017.

 

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

 

SECOND READING

 

THE COMPULSORY STANDARDS BILL, 2017

 

The Minister of Commerce, Trade and Industry (Mrs Mwanakatwe): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, I thank you for the opportunity to make my statement on the Compulsory Standards Bill, 2017.

 

I would like to express my gratitude to your Committee on Economic Affairs, Energy and Labour for the work they did, in reviewing the Bill and for facilitating consultations, on the fundamental aspects of the Bill.

 

Madam, a Compulsory Standard refers to a mandatory requirement, established by consensus, and approved by recognised body that provides, for common and repeated use, rules and guidelines or characteristics for activities or their results, aimed at the achievement of the optimum degree of order in a given context. In simple terms, standards become mandatory or compulsory when they have been incorporated into a business contract or incorporated into regulations.

 

Examples of compulsory standards in the Zambian context are the mandatory fortification of household sugar, the compulsory standard on peanut butter and the standard on electric cables. These are meant to promote health and safety.

 

Madam Speaker, Zambia has been using a system where mandatory and voluntary standards are administered under the Standards Act by the Zambia Bureau of Standards that has not been effective both at national and international level, in promoting voluntary standards.

 

A number of evaluations undertaken on Zambia’s National Quality Infrastructure have, in the recent past, recommended that the public institutions in Zambia are not compliant with the international requirements and as a result, their certification is not always recognised in the export markets.

 

Several countries, including Zambia’s major trading partners, within and beyond the region, have realised that having the responsibility of administering compulsory standards vested in the national standards body, is not the real situation, and not ideal at all.

 

Madam Speaker, Zambia is currently at a point where we want to institute international recognised bodies. The world has moved from the current Zambian status where mandatory and voluntary standards are administered by the same body. This is because the underlying objectives for mandatory and voluntary standards differ fundamentally. Mandatory standards focus on human, plants, animal and environmental health and safety, while the latter, i.e. voluntary standards relate more to products quality and competitiveness.

 

There is a need to ensure credibility in institutions by avoiding conflict of interest between the two separate areas.

 

International trade commitments, particularly for members of the World Trade Organization (WTO), and the International Standards Organization (ISO/IEC) Directives, to which Zambia is party, require that this separation be undertaken.

 

It is in the best interest of our country to align ourselves to international best practice in order to have credibility of institutional framework recognised internationally.

 

I, therefore, wish to indicate that the separation of the administration of mandatory and voluntary standards is a very reason why this legal review has been undertaken.

 

Madam Speaker, the main objective of the Compulsory Standards Bill is to separate compulsory standards from voluntary standards. The specific objectives of the Bill include:

 

1. to establish the compulsory standards agency that will promote and administer the development, maintenance, enforcement and implementation of compulsory standards;

 

1. to provide principles and guidelines in developing compulsory standards for purposes of promoting public health and safety, consumer and environmental protection; and

 

1. to provide for matters connected with or incidental to the foregoing.

 

Madam Speaker, implementation of this Bill, once enacted, will lead to the realignment of Zambia’s compulsory standards regime in line with the international best practice, and raise the profile of the country’s standardisation and quality assurances system, and acceptability of Zambian products in international markets.

 

In addition, the separation through legislation of the responsibilities of voluntary and compulsory standards will eliminate the potential for conflicts of interest based on revenue generation.

 

Compulsory Standards, once enacted, will be administered by the Compulsory Standards Agency. Due to its multifaceted application, effective implementation of the Act, we require collaboration with several stakeholders, particularly regulatory agencies seeking to promote public safety, health, consumer protection and environmental protection.

 

My ministry has taken note of the observations and recommendations of your Committee on the Compulsory Standards Bill.

 

In response to these observations and recommendations, I wish to clarify that one of the main distinctions in the standards and technical regulation lies in compliance. The National Technical Regulatory Bill will provide a coordination framework and good regulatory practice in the development of all technical regulations, whilst the Compulsory Standards Bill will mainly support enforcement of compulsory standards.

 

Government will ensure that officers working in the Agency have the requisite skills and expertise in the necessary fields to ensure implementation of the Bill.

 

It is recognised that the establishment of the Compulsory Standards Agency will attract costs in the short run. However, it is expected that the benefits of institution in the long run, will mitigate the short term costs. Further, the Agency will have the opportunity to generate revenue in the enforcement of the Act, which, in turn, may support some operational costs.

 

Madam Speaker, let me conclude by emphasising that it is necessary to have a legal framework that will support the competitiveness of Zambian products by realigning our national quality infrastructure to international best practice.

 

The Compulsory Standards Bill will bring Zambia’s compulsory standards framework in line with international best practice by being a stand-alone legislation on compulsory standards, and creating an implementing Agency that will be responsible for administering, maintenance and enforcement of compulsory standards.

 

I, therefore, look forward to the full support of the Members of this House.

 

Madam Speaker, I thank you.

 

Hon. Government Member: Hear, hear!

Dr Musokotwane (Liuwa): Madam Speaker, I thank you for the opportunity accorded to me to present the views of your Committee and stakeholders on the Compulsory Standards Bill, No.3 of 2017 referred to it by this House on 21^st February, 2017.

 

Madam Speaker, in order to appreciate the ramifications of the bill, your Committee considered written submissions by stakeholders, and interacted with them. The objectives of the Bill are as follows:

 

1. establish the Zambia Compulsory Standards Agency and provide for its powers and functions;

 

1. provide for the administration and maintenance of compulsory standards for the purpose of public safety and health, consumer and environmental protection; and

 

1. provide for matters connected with or incidental to the foregoing.

 

Madam Speaker, your Committee on Economic Affairs, Energy and Labour, takes cognisance of the fact that standards contribute to global and domestic competitiveness. Standardisation also serves as a quality check for any industry, hence the need for standards to be regulated. In light of this, your Committee appreciates the importance of prescribing compulsory standards, and providing a regulatory framework that is not onerous to the operations of the Government and the country as a whole. Interaction with the relevant stakeholders, raised a number pertinent issues which were fundamental in guiding the recommendations of the Committee on this Bill.

 

Madam Speaker, Pages 11 to 16 of the Report give a summary of the submissions made by the witnesses which the Committee took time to deeply analyse before coming up with recommendations. Your Committee observes that the stakeholders who submitted in support of the proposed provisions of the Bill, focused on the benefit that would accrue to the country in creating the Compulsory Standards Agency, which would streamline the mandate of the Zambia Bureau of Standards (ZABS), to now focus on national standards while the Compulsory Standards Agency shall focus on setting and regulating compulsory standards.

 

Madam Speaker, the few witnesses who supported the Bill underscored that in its current state, ZABS performs its functions under a one-stop shop of setting standards and regulating, as enshrined under the Zambia Bureau of Standards Act, of 1994. It was noted that this created conflict of interest, and was not in harmony with international best practices. The Bill also allows for flexibility with respect to the time for enforcing the standards, therefore, allowing for planning by manufacturers, and providing ample time for business entities to build capacity to adhere to the new standards. Your Committee observes that this flexibility is cardinal to reduce the impact of change in standards on businesses.

 

Madam Speaker, the Bill has also provided for interaction with the relevant stakeholders in the process of setting compulsory standards. Your Committee observes that this provision is equally progressive. Hence, it will not only promote participation by the private sector, but also create an atmosphere which would foster acceptable new standards, quick change of mindset, and enhance compliance by the affected business entities. Your Committee also observed, with appreciation, the level of playing field that shall be created between local and foreign industries, and immense access of local products to the international markets.

 

Madam Speaker, while the Committee appreciates the immense benefits that would accrue to the country, in terms of setting and enforcing compulsory standards, the aspect of creating another statutory body to regulate standards is not only counterproductive, but also adds to existing regulators and statutory institutions, most of which are not in good financial standing. Further, your Committee questions the sustainability of such a decision as the Government is not in a position to sustain operations of statutory bodies, given the revenue challenges.

 

Madam Speaker, arising from the interactions that your Committee had with stakeholders, it was apparent that there were no compelling reasons to rush into creating another statutory body in the midst of the financial challenges being faced by the Government. As argued by most of the stakeholders, the setting up of both compulsory and national standards could actually be dealt with administratively, through the creation of necessary directorates under ZABS. This does not, in any way, penalise the country when it comes to enforcing the World Trade Organisation Agreement to which Zambia is a party.

 

Madam Speaker, in case of certain functions which require specialised expertise, your Committee is of the strong view that this could actually be extended to already existing regulators within the country, through an appropriate legal framework.

 

Madam Speaker, your Committee observes that there are sectors in the economy clothed with the legal mandate to enforce specialised standards which the agency would not have the expertise to enforce. During the process of interrogating the Bill, your Committee was informed that the country only has fifty-five compulsory standards which are being regulated by ZABS while those which are more specialised are being regulated by specialised bodies.

 

Madam Speaker, just to emphasise this point, we have the Energy Regulation Board (ERB), Zambia Informational and Communication Technology Authority (ZICTA), the Competition and Consumer Protection Commission (CCPC), the Bank of Zambia (BOZ), the Pensions and Insurance Authority (PIA), the Business Regulatory Review Agency (BRAA), ZABS, the Zambia Weights and Measures Authority (ZWMA), the Securities and Exchange Commission (SEC), the Zambia Medicines Regulatory Authority (ZAMRA) and the Zambia Environmental Agency (ZEMA). Your Committee therefore cautions the motivation behind creating another regulatory body for compulsory standards which will only add to the cost of doing business.

 

Madam Speaker, given the number of regulators in the country, which have also been mandated, to set standards, including compulsory standards, and enforce such standards, your Committee supports the views of the witness that the creation of the Compulsory Standards Agency has the potential to create conflict of interest with existing regulators in the country.

 

Madam Speaker, the new compulsory standards can be prescribed under the various regulators that are in existence depending on the sector.  Your Committee was informed that only two countries namely, South Africa and Ethiopia had split the functions into standard setting and standard enforcement, and the stakeholders who appeared before your Committee could not substitute the performance of these agencies of these countries.

 

Madam Speaker, in view of the above, your Committee strongly recommends that the Compulsory Standards Bill, N.A.B. No. 3 of 2017, be withdrawn and that the Zambia Bureau of Standards Act of 1994, be amended to give the Zambia Bureau of Standards more powers to perform its functions more effectively, give recognition to already existing regulators, create necessary directorates, and provide for delegation of functions to other regulators in order to tap into specialised skills and avert any possible conflict of interest among the regulators in the country.

 

Madam Speaker, in conclusion, your Committee wishes to thank all the stakeholders who appeared before it and tendered both oral and written submissions. Gratitude goes to you, Madam Speaker, for affording your Committee the opportunity to study the Bill. Your Committee also appreciates the services rendered by the Clerk of the National Assembly and her staff during its deliberations.

 

Madam Speaker, I thank you.

 

Mr Muchima (Ikeleng’i): Madam Speaker, I thank you for according me this chance to contribute to the Bill on the Floor. I also thank the Chairperson of your Committee and hon. Minister for bringing this Bill to this House. Indeed, to some of us who were born before independence, we have seen a paradigm shift in Zambia. In the colonial days, there were standards in products such as bread and salt and measurements were key to maintaining these standards. However, in Zambia today, people even use medas to measure whatever they are selling at the local markets. I do not really know what it is but …

 

Interruptions

 

Madam Deputy Speaker: Order on my right! Order that bench at the back there!

 

Mr Muchima: Madam Speaker, the size of this so-called meda is not uniform. The size of the meda you will find in Mpulungu is different from the one in Mwinilunga. This means that consumers are being exploited because standard measurements are not being adhered to. Before we even talk about exports, we need to, first of all, ensure that we have the right standards for thing such as the weight of the products that are sold in this country. As far as I am concerned, the Zambia Bureau of Standards (ZABS) is non-existent. We do not even know what it does. In developed countries such as those in Europe, there are standards and commodities cannot be imported without certification.

 

Madam Speaker, in Zambia, the situation regarding the standards of our products is terrible. We sometimes import substandard fuel which damages our vehicles. We need to support and enforce this Bill so that we can adhere to good standards. In Zambia, foreigners are becoming very powerful. They are bringing substandard goods into this country and we are gladly accepting them. Sometime back, the use of second hand underwear was banned in this country, but we still see them in markets. I do not know whether the law enforcement agencies are there or not.

 

Madam Speaker, your Committee is wondering what is contained in the mandate of ZABS and whether it was reviewed. It is also wondering why we are bringing another law on this subject. I think this Bill and the Act establishing ZABS should be synchronised properly so that we see how effectively they can be applied. My colleagues in the Executive need to change their mindset. They should enforce the laws that we pass in this House. The people outside are laughing at us that we allow Bills to pass through this House without enforcing them. We can enact a Bill today and tomorrow we fail to enforce it.

 

Zambia is now being used as a damping ground. Even in terms of buildings, we are busy contracting the Chinese to build them. In China, you will never find a building which can last for only five to six years. In Zambia, that is the order of the day. Most of the buildings that are built by the Chinese only last for three to four months. 

 

Madam Speaker, we spent a lot of money to build the National Heroes and Levy Mwanawasa Stadia in Zambia. You will be surprised to see what is happening there. This means that foreigners are playing with us because we do not have standards in Zambia.

 

Madam Speaker, the construction of drainage systems in Zambia is of low standard because we do not assess foreign contractors when they come here. We are doing this because we are not up to date. We think the Chinese can do better than us. We are the ones who are allowing this situation. Let us check ourselves in whatever we do. Withdrawing the Bill is not an answer. Let us find a solution to what has gone wrong with the ZABS and what the Compulsory Standards Bill, which we are introducing today, can do for the Zambians. We should not only look at exports when addressing the issue of standards. Let us also look at the poor person in the village that is exploited. We have people who can modify a product, package it wrongly and sell it to an innocent person who does not know anything. That is the exploitation we are talking about. In developed countries, that is a serious offence. In Zambia, we do not care. We only sit in those offices drinking very expensive coffee and ignoring what is happening to our mothers, grandfathers and brothers.

 

Madam Speaker, in schools, we lack standards as well. The issue of standards is very critical. We even allow our children to use the classrooms with blown off roofs. That is a lack of standards. In normal countries, they cannot allow children to learn under a classroom which has no roof and desks. We should address ourselves to a certain level.

 

Madam Speaker, fifty-two years of independence, we have produced many graduates in this country, especially doctors, but we are still behaving as if we are slaves to the Chinese and Indians who come here to exploit us. We cannot even measure what they are producing. The hon. Minister has been a credible person in high institutions and that is why she can speak that good English. 

 

Laughter

 

Mr Muchima: Madam Speaker, we, therefore, want her to enforce certain standards in her ministry. She should start with the prominence of the country. She should start by sweeping her house clean. She should liaise with the Ministries of Local Government and Health. Today, when I was listening to a nutrition programme on radio, I was wondering where the hon. Minister of Health will find food to feed the people in hospitals. Some of the people in hospital are not even sick. Due to hunger, they are developing certain diseases. The reason why these people are put in hospital is because of the poor standards of living.  We need to have good standards even in hospitals. Even the type of medicine should be of good standard. Today, you will find many clinics everywhere. This is because we have not set standards for health institutions in this country.

 

Madam Speaker, let us address whatever we do. We should bring in goods that are internationally acceptable. In Zambia, we buy any clothes we find for as long as they are cheap. People even say they want the cheapest. Cheap is expensive. Let us also begin to reject certain products that are exported to us. If some countries reject Zambian commodities, why should we accept theirs? We even celebrate and attend their meetings when they come. We cannot fly our aircraft to their countries, but they can come here. We have to refuse this.  We have to introduce sanctions. The problem, however, is that they have found out that we are weak. We do not have the stamina to stand up to them. Let us stand up now, and be counted. We have the raw materials and the capacity. This is why the African Union (AU) was formed. The purpose was to create our own base to be strong enough, and stand the pressure. However, in Zambia, we have reduced ourselves to a secondary, and not primary position.

 

Madam Speaker, this is why I praised one hon. Minister here because I saw his standard. Let us have a standard for everything that we do.

 

Madam Speaker, I have spoken before that we cannot pass these Bills for rhetoric. We need to be realistic in this country. Let us make what we do relevant. People are laughing at us. A lawyer in Zambia, for instance, cannot be allowed to practise law in England.

 

Mr Mukata: Hmmm, we are the best.

 

Mr Muchima: Yes, you will not be allowed to practise in England, but you allow them to come and practise here.

 

Mr Mukata: Hmmm, you are now misleading the House.

 

Mr Muchima: An engineer or a doctor trained in Russia receives a certificate that is written on it that you cannot practise in that country, but in Zambia, they practise. Let us, first of all, clean up our House, Zambia. Let us set up our own standards.

 

Hon. UPND Members: Hear, hear!

 

Mr Muchima: Madam Speaker, I could go on talking because, in my opinion, this Bill is very crucial. It is very important and we need it. We need to check whatever we do. Even appointments must have a standard. There must be a standard for whatever we do daily.

 

I thank you. I wanted to ...

 

Hon. UPND Members: Continue.

 

Mr Muchima: They are saying that I should continue ...

 

Mr Mukata: Yes!

 

Mr Muchima: ... but I want to give a chance to hon. Members to also apply themselves to this important Bill. I support it wholeheartedly. Standards must start from your office, Madam, as we move.

 

Madam Speaker, I thank you.

 

Mr Mukata (Chilanga): Madam Speaker, let me introduce my debate by assuring the House and the country at large that the legal standards in Zambia are amongst those of the highest quality in the world. I am reminded of lawyers such as Edward Shamwana, who are well respected beyond the jurisdiction of Zambia.

 

Madam Speaker, this particular piece of legislation is extremely critical. Having served at one point as hon. Deputy Minister for Commerce, Trade and Industry, I am quite pleased about this development, and I congratulate the hon. Minister for bringing this Bill at the correct time. It is one of the instruments that begin to reflect our appetite to raise the bar and show that clearly, we want certain things done in a particular way. It shows that we are not satisfied with the way we have been doing things and setting issues of standards and quality, and that we need to get to the next level.

 

Madam Speaker, I do not even think that we need to set the bar for our compulsory standards in comparison to the next person, and then stay at that level. We can compare ourselves to a particular country, and the quality of products it produces, but begin to raise the bar beyond that quality. I think that even my colleague, the hon. Member for Ikeleng’i, indicated that we are too comfortable with the status quo. There is no hunger to do more than the ordinary or the average.

 

Madam Speaker, this particular Bill puts consensus at the centre by stating that the business sector will input the compulsory standards that we will set across different products. I am concerned that we only have fifty-five compulsory standards which relate to specific products. Tanzania, for instance, is going over a hundred compulsory standards. Products such as milk, aluminium materials and roofing sheets are subjected to compulsory standards. Here in Zambia, we seem to have problems because they are under voluntary standards. This basically means that you subject yourself to some classification or quality assurance which is stuck on the product for sale where the customer will look at it, and say that the Zambia Bureau of Standards (ZABS) has allowed its consumption. However, nothing binds you to observe any particular standards and, if you breach a particular provision, you are not subject to any sanction.

 

 

Madam Speaker, Part V, Section 21 of the Compulsory Standards Bill criminalises breach of certain conditions. This is important because it goes to our mindset. There is a tendency among our people to disregard basic good practice. I was just reading about a study on the dairy sector by the University of Zambia among small dairy producers, and found that others were putting water in the milk to increase the quantities. It is important that we make standards for milk compulsory. This is what we consume, and it affects our health. Our people, obviously, want to make money.

 

Madam Speaker, I grew up in Kafue where we had Zambia Breweries, and we had those big trucks that we called Bulules. They would go and park behind some buildings and pour water into the ready-made Chibuku for sale to increase the quantity, and unsuspecting people would drink, and have serious diarrhoea the following morning. There was no enforcement. These are the things that we take for granted. Some of these funny ailments that people have are the result of people going a step further to contaminate foods which are ready made in a specific manner.

 

Madam Speaker, voluntary standards, in actual fact, do not even make sense. They are just there basically, like the hon. Minister said, for competition or for show that we are also there producing something. However, compulsory standards are the game changer, even for competition.

 

Madam Speaker, how are we going to get our people to export to South Africa or Europe if we do not begin to set standards and explain that to produce and export beef and milk these are the basic standards or else, they will be rejected. This person does not have the information but the different science institutions have the information and will present to any manufacturer and prepare them to produce a product that will be competitive. This is on the export side. Now, how about the import side?

 

Madam Speaker, we have a problem in this country. For instance, roofing sheets are products subjected of voluntary standards. If I am not mistaken, the minimum requirement for iron roofing sheets is supposed to be about 2mm, but people import the thickness of an A4 paper. These are the disasters you are hearing about in compounds where the wind is blowing off the roofs. These materials are being sold at next to nothing because, clearly, the material that they put into producing an A4 paper thick iron sheet is less than 2 mm. We have manufacturers who are adding value to raw materials, and are compliant who cannot compete against this cheap product. So, we really need some form of stop gap and, as Hon. Dr. Musokotwane said, the playing field will be levelled.

 

 Madam Speaker, I am at a loss as to why the Committee has decided that the Bill be withdrawn after speaking very well that there is a clear conflict in the Zambia Bureau of Standards (ZABS) to regulate voluntarily and mandatory. They have identified a clear problem with the institutional set up of the ZABS. I do not know why they are retracting the Bill without giving us some direction as to how that retraction will resolve this clear conflict. I think we are on the right course. The law is dynamic. If there could be any aspects of this particular Bill that need amendments, it will come back. Once the Bill hits the ground it will come back if it needs refining.

 

Madam Speaker, we import vehicles from Japan. Who certifies these vehicles to be road worthy? The vehicles come with a stick or paper which they call some…

 

Mr Sialubalo: Jevic!

 

Mr Mukata: … Jevic. This jevic, whose standard is it? Is it the standard of the owner who is selling the vehicle? Why is he selling the vehicle, in the first place, because he has failed to service it? He is selling it using jevic and we say it is okay. There is no stop gap measure as we allow these things. How many people in this country import these vehicles? Six months done the line, these vehicles break down. I think that it is extremely important that we even protect the consumers who are the people that buy these products. Otherwise, this particular piece of legislation as well as other Bills that are coming should really delve into “proudly Zambian, buy Zambian”. We need to establish our own foot print. We need to have our own identity and set the pace. If you want to export groundnuts into South Africa; they will tell you that there is some chemical content. They will adjust here and there and so on and so forth.

 

Mr Muchima: Eh!

 

Mr Mukata: They think that we do not know that they are trying to create some trade barrier. It is time we stopped being apologetic and giving olive branches to some of our colleagues in the region. We have to also insist that for Zambia this is the standard that we want.

 

Mr Muchima: Yes!

 

Mr Mukata: We cannot be a dumping ground of some quality forsaken products. We are human beings.

 

Madam Speaker, talking about diseases, the hon. Minister of Health will tell you that most of the diseases that we see in this country…

 

Mr Muchima: Are imported.

 

Mr Mukata: …have nothing to do with some natural occurring thing like there was some tuberculosis. It is these foods that we eat.

 

Mr Muchima: Yes!

 

Mr Mukata: I can stand here my lady …

 

Laughter

 

Mr Mukata: I can stand here, Madam Speaker, and safely say, I am in a way a victim because I have a mother who was prescribed some funny medicines some years ago. When she went to India, she was told she should not have been taking that particular medicine. Now, she has Parkinson Disease. She was never been a boxer or involved in an accident.

 

Laughter

 

Mr Mukata: The doctors in India are saying it is how she has been taken care of. The things she has been exposed to. Who is next?

 

Madam Speaker, with these few remarks, I wish to support this Bill.

 

I thank you.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mutelo (Mitete): Madam Speaker, for the very first time, I will be very short though I know I am tall.

 

Madam Speaker, the essence here is quality…

 

Mr Nkombo: Yes!

 

Mr Mutelo: Quality, yes. Quantity…

 

Mr Livune: Aha!

 

Mr Mutelo: Quantity, no.

 

I thank you Madam Speaker.

 

Laughter

 

Mr Livune (Katombola): Madam Speaker, I want to summon my colleagues to page 9 of Your Committee’s Report. Your Committee observes that there was a lack of extensive consultation at the draft stage of the Bill considering that most stakeholders were of the view that the agency should not be performing duties that were already catered for in the respective sectors of the economy…

 

Madam Speaker: Order, hon. Member for Katombola.

 

You were a Member of this Committee?

 

Mr Livune: Yes.

 

Mr Mwale: Mwaona manje.

 

Madam Speaker: Yes, you were.

 

I will allow you to debate but please bear in mind that the Chairperson of your Committee has represented your views. I want to believe that the Chairperson has represented your views very adequately. Please, ensure that if there is any clarification to be made, you do that in the shortest possible time.

 

You may continue.

 

Mr Livune: Madam Speaker, in supporting the Chairperson of my Committee, I would like to say that we do not disagree with the intention of bringing this good Bill to Parliament. However, the issue at hand is the creation of another board. Why should we have two Boards of Directors or Managing Directors if you like? That is the issue we are talking about. What we are saying is, legally or according to procedures, we need to withdraw this Bill and ask the hon. Minister to bring one under the same ZABS but with two directorates clearly performing the functions that you want so that we can save on creating two monsters. This will help the country.

 

Madam Speaker, under one Managing Director, two directorates can be created, one for regulation and another one for enforcement. This can be done.

 

Dr Kalila: Yes!

 

Mr Livune: Just like we have one boss, who could be the Clerk, since it is an institution, having two deputies, one dealing with procedures while the other is dealing with administration. Do we need to create two Parliaments or institutions for one to be a full time Clerk of Procedure and another Parliament with a Clerk in charge of Administration? That is the reason of our argument. We are agreeable with the standards, but we are saying that under one current ZABS, we amend the law and bring this Bill, we want it and these standards. That is what I wanted to clarify, Madam Speaker, in agreeing with the chairperson. We want the standards, but the misunderstanding has been on whether we need these standards or not. We want ZABS to operate under one institution with two directorates. One will be regulating, while the other will be enforcing. We move forward like that.

 

I thank you, Madam Speaker.

 

Mr Nkombo indicated to debate.

 

Madam Speaker: I am reluctant to allow another Member of this Committee to debate because …

 

Mr Nkombo interjected.

 

Madam Speaker: Yes, Hon. Nkombo you were a Member of the Committee.

 

As a Committee, you presented a Report which was tabled before the House. This Report has been read by hon. Members who are now giving their views. You cannot come as Members of the Committee and each one of you wants debate your own Report.

 

Mr Mwale: Your own.

 

Madam Speaker: Your Chairperson has ably represented the views of the Committee.

 

Madam Speaker: Hon. Member for Nkeyema.

 

Madam Clerk: Sesheke.

 

Madam Speaker: The hon. Member for Sesheke.

 

Mr Kufakwandi (Sesheke): Madam Speaker, I think that is why I always lose out on debate. I am neither Nkeyema nor Senanga. I am actually Sesheke.

 

Laughter

 

Madam Speaker: I apologise.

 

It is Sesheke.

 

Mr Kufakwandi: Madam Speaker, I think that we have to really interrogate the existing institutions without always trying to create new ones. I fully agree with colleagues who expressed the point that we have to go back to ZABS, identify its weaknesses, and try to strengthen it as a body for regulating standards and enforcing them. I do not think it is good for the country and public expenditure that whenever an institution is failing, we rush to create new ones. I fully support the Committees’ position that we should instead go to the ZABS, and try to restructure it by giving it more capacity and resources so that it is able to discharge its responsibility of regulation and enforcement. I do not think that where we are, as a country, we should still continue to create new parastatal or quasi Government institutions. Let us tighten our belts, and make the institutions, that we have, become more efficient and accountable.

 

I thank you, Madam Speaker.

 

The Minister of Justice (Mr. Lubinda): Madam Speaker, from the outset, let me thank the Committee for supporting the Bill, which was well understood, and accepted by all who took time to go through it. In view of the many challenges that were raised by hon. members, the Government decided to come up with a law to ensure that we have standards to regulate our own markets, and allow Zambian products to penetrate the international market. This brings me to the issues that have been raised to object with proceeding with the Bill. Firstly, there are only two countries in Africa that maintain a dual system of regulation and enforcement, and have so far domesticated the provisions of the World Trade Organisation (WTO) barrier to trades agreement. I want to assure, hon. members, that many other countries have followed this provision. Zambia shall be the third, once Parliament approves the Bill, and we should pride ourselves in being amongst the top five to domesticate the provisions of international agreements.

                                                                                                                   

Madam Speaker, another matter that ought to be borne in mind, like many others have stated before me, is that the compulsory standards are meant to allow Zambian products to penetrate the regional and international markets, and to meet the international best practices.

 

Ms Chonya: Hear, hear!

 

Mr Lubinda: The WTO regulates products and services, and it came up with the regulations, one of which was that there must be two stand-alone institutions at national level. Going against that will make it very difficult for our standards to meet the best international practices. So, we are simply domesticating what, we, as a member state of the WTO agreed to, and we cannot possibly go against it. I appreciate the fact that we must not have too many statutory bodies. I want to assure my colleagues on the left that Cabinet has seriously considered this matter. However, what we established I am afraid was not availed to the Committee, and is the fact that the agency shall not be financed by the Treasury. As a matter of fact, it shall contribute revenue to the Treasury.

 

Ms Chonya: Hear, hear!

 

Mr Lubinda: When we enforce the compulsory standards, the various producers and providers of services will be subjected to these standards, and they will have to pay the agency for them to be enforced and registered. So, it will not be a source of Government loss of revenue, but will actually add to Government’s revenue. The hon. Minister responsible for commerce, trade and industry made an undertaking, and I am sure, she will talk about it. For the comfort of my colleagues who may have doubts, and are genuinely concerned about the cost of governance, at third reading, she will present an economic analysis to show how the agency will be self- financing, and will not create any drain on the Government’s revenue.

 

Madam Speaker, I would like to end my brief contribution by agreeing with Hon. Muchima and Hon. Mukata. However, since the rationale behind the Bill is well understood, and acceptable, the issue of structure can be considered at the stage when the standards will be seen as a challenge. For now, we ought to progress. I did not hear anyone speak against the introduction of more compulsory standards, and the reason we only have fifty-five standards is due to the fact that we only had one institution regulating standards. However, the Zambia Compulsory Standards Agency will give premarket approvals of the compulsory standards.

 

Madam Speaker, I have no doubt that, with the passage of the law, and establishment of the agency, the standards shall increase in number so that the iron sheets that are being imported in this country shall meet the required standards. Therefore, I appeal to the members of the Committee to allow the passage of the Bill because it is well-intended. It was also well-interrogated, and the answers were provided. If need be, further clarification can be made about any outstanding issues. However, the call for its withdrawal or deferment will, in my view, delay what the country wants to achieve, and that is, to have standards that are respected for the benefit of its consumers and producers who want to open markets outside the jurisdiction of Zambia.

 

I thank you, Madam Speaker.

 

Mrs Mwanakatwe: Madam Speaker, let me, first, appreciate the Chairman and members of the Committee who interrogated the Bill which aims to position Zambia in the best place possible in order to ensure that it checks the quality of the products that are exported and imported. I appreciate the concerns that have been raised about the potential duplicity of the proposal that was made. However, as the hon. Minister of Justice said, I will come back to this House, and show that the Compulsory Standards Bill will be self-financing, certainly, in the medium term. Our co-operating partners have supported us in the past, and vouched to continue to support us. The Zambia Bureau of Standards (ZBS) contributes money to the Treasury, and it will continue to do so. 

 

Madam Speaker, I appreciate the hon. Member of Parliament for Ikeleng’i, and I share his concerns. However, the introduction of the Bill will ensure that we adhere to the requisite standards. I know that enforcement is sometimes a challenge, but we are trying to address this  to ensure that the compulsory standards are separate from the voluntary ones so that we can tackle this issue, and that businesses adhere to the compulsory standards. We currently have fifty compulsory standards in Zambia, but we have already submitted fifty-seven standards to the Ministry of Justice. In the next six months, we are going to have more than a 100 standards, all in an effort to ensure that we deal with some of the issues that Hon. Keith Mukata was talking about. Let us have more compulsory standards to ensure that the products that we are producing are really adhering to health, safety and competitiveness.

 

Madam Speaker, in maintaining the status quo, I suggested two directorates, and indeed, it may continue in that manner. However, there is a fundamental conflict of interest. One has  to do with standards related to quality assurance, and  others which do not generate revenues. They are a-nice–to-do and not a-have-to-do, whereas compulsory standards are fundamentally different. They must be done. They are a-have-to-do for public health. As such, the standards body is not a regulator, but a friend to society, whereas a compulsory standards body is a watchdog that ensures that the products that come to the market are safe and healthy.

 

Madam Speaker, I would like to solicit the support of the House in ensuring that they support this Bill to third reading, and Promise that any other issues that will come up, and any amendments to be made can be taken at that time.

 

Madam Speaker, I thank all the hon. Members who spoke and debated on this issue.

 

I thank you, Madam.

 

Hon. Members: Hear, hear!

 

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

 

Committed to the Committee of the Whole House.

 

Committee on Thursday, 16^th March, 2017.

 

THE STANDARDS BILL, 2017

 

The Minister of Commerce, Trade and Industry (Mrs Mwanakatwe): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam, Speaker, I thank you for the opportunity to deliver my second reading statement on the Standards Bill of 2017. I wish to thank the Committee on Economic Affairs, Energy and Labour for the work it did in reviewing the Bill and for facilitating consultations with various stakeholders on the Bill.

 

Madam Speaker, standards are a set of technical definitions and guidelines, and act as instructions for designers and manufacturers in developing a product, managing a process, delivering a service or supplying materials. They also guide users in ascertaining the quality of such products and services. Standards are voluntary because they serve as guidelines, but do not, themselves, have the force of the law. Standards are developed based on the knowledge of people such as manufacturers, sellers, buyers, customers, trade associations, users or regulators with expertise in their subject matter and those who know the needs of organisations they represent. They serve as a common language defining quality and establishing safety criteria. They are powerful tools that can help drive innovation increase productivity, promote safety, reliability and efficiency in almost every industry. They can make organisations more successful, and people and their lives easier, safer and healthier. Examples include the following:

 

1. environmental management standards to help reduce environmental impacts, reduce waste and be more sustainable;

 

1. product quality standards for products such as water; and

 

1. interoperability standards to ensure that bank and credit cards fit into Automated Teller Machines (ATM), and can be used throughout the world. These are just some of the many applications of standards.

 

Madam Speaker, the Standards Bill seeks to separate voluntary and mandatory standards, a system that has been in use in Zambia, but found not to be effective in promoting voluntary standards. Several countries, including Zambia’s major trading partners, within and beyond the region, have realsed that having the responsibility for administering standards vested in the national standards body should not be combined with that of administering compulsory standards. This is because it lessens the credibility of institutions mandated to promote quality of products on the local and international market. Thus the separation of voluntary standards and compulsory standards will ensure that standards are developed in conformity with approved guidelines and rules based on the World Trade Organisation (WTO) Agreement requirements and international standards organisation directive, of which Zambia is a party and in line with international best practice. For Zambia, this separation of the responsibilities for voluntary and compulsory standards through legislation will eliminate the potential for conflict of interest based on revenue generation focus. In addition, the separation of the two will facilitate the re-alignment of the powers and functions of the Zambia Bureau of Standards (ZABS) so as to strengthen the effectiveness of the organisation, and enable it to play its critical role in product quality and consumer protection.

 

Madam Speaker, the main objective of the Bill is to separate the legal and institutional framework for voluntary standards from that of mandatory standards in line with international best practice and requirements. The specific objects include:

 

1. continue the existence of the Zambia Bureau of Standards and re-define its powers and functions;

 

1. provide for the standardisation and quality assurance of products and services through the setting of national standards and provision of conformity assessment services for products and services;

 

1. repeal and replace the Standards Act, 1994; and

 

1. provide for matters connected with or incidental to the foregoing.

 

Madam Speaker, the implementation of this Bill, once enacted, will ensure that ZABS continues to exist as a national standards body focusing on developing, promoting and publishing voluntary Zambia National Standards.

 

Madam, in addition, the separation of voluntary and compulsory standards, re-alignment is in line with international best practice, and this will raise the profile of the country’s standardisation and quality assurance systems, and raise the acceptability of certified Zambian products on international markets. Further, the separation, through legislation of the responsibilities of the voluntary standards and those for the compulsory standards will eliminate the potential for conflict of interest based on revenue generation focus. The Act will be administered by my ministry through ZABS, but will work in collaboration with several stakeholders, including the private sector in development and promulgation of standards.

 

Madam Speaker, in conclusion, I wish to emphasise that it is important for Zambia to have a legal and institutional framework of standardisation and quality assurance that is in line with international best practice in order o promote the competitiveness of Zambian certified products. This Bill will seek to achieve this as well as strengthen the effectiveness of ZABS, and enable it play its critical role in quality assurance. In view of the background given, I look forward to the full support of the hon. Members of this House.

 

I thank you, Madam Speaker.

 

Dr Musokotwane (Liuwa): Madam Speaker, I thank you once again for the opportunity to present the views of your Committee on Economic Affairs, Energy and Labour on the Standards Bill.

 

Madam, let me mention that your Committee undertook an in-depth study of the Bill. In light of this, I wish to refer the House to pages 2 and 3 of your Committee’s Report.

 

Madam Speaker, allow me to state from the onset that most stakeholders who appeared before your Committee gave varying submissions on the ramifications of the Bill. The stakeholders who supported the Bill contended that the Bill has incorporated more functions such as the provision which now requires the Zambia Bureau of Standards (ZABS) to undertake research and development programmes for new standards, improvement of existing standards, standardisation of testing methodology, and the articulation of future needs that might affect the standards’ environment.

 

Madam Speaker, your Committee finds this provision progressive as it will enhance the operations of ZABS, which has been seen to be inactive in its current state. Your Committee has also observed that the proposed Standards Bill, 2017, has made a transition provision which guarantees continuity in the tenure of service of ZABS staff, and would also create opportunities for further recruitment and career progression.

 

Madam Speaker, notwithstanding, one of the areas of great concern by both the stakeholders and your Committee on this Bill is  in Clause 31, which provides for matters relating to appeals by concerned parties. Your Committee observes with concern that the provision of the Bill under Clause 31 requires that a person aggrieved with the decision by the bureau appeals to the minister within thirty days of the receipt of the decision of the bureau. The clause further provides for a person aggrieved with the decision of the minister to appeal to the High Court.

 

In support of the views made by the stakeholders, your Committee finds this highly irregular, and recommends that a minister must only facilitate the appointment of a tribunal, and not him or her alone deciding on matters that relate to appeals. Your Committee is of the view that this provision be revisited to relieve the minister of this responsibility as some cases may require technical expertise which may be beyond the scope of the ministry. In most cases, the Office of the minister may be overwhelmed with other state functions. Therefore, appeals may not be handled within the stipulated time-frame. Your Committee is concerned that if cases of appeal are not handled, as promptly as may be required, this may have negative implications on the business environment.

 

Madam Speaker, your Committee further recommends that if this is to be sustained, the tribunal should determine the appeal promptly, and not later than fourteen days to avoid inordinate delays in resolving grievances. 

 

Madam, your Committee further observed, with concern, that the separation of the standardisation and compulsory specifications functions is not necessary as it will be a resource drain, considering the current performance of the Zambian economy. In addition, the stakeholders, who mostly came from both private and public sector, argued that the splitting of ZABS to create the compulsory standards agency could result in conflict of interest given that there are other institutions established in the country, by law, to set standards, including the compulsory standards and regulating them.

 

In light of this, your Committee strongly recommends that the ministry considers incorporating all functions suggested in the Compulsory Standards Bill, 2017 into the Standards Bill, 2017 in order to allow only one institution to carry out the two functions and enhance its capacity. I have to go through this because the two are quite similar.

 

Your Committee is of the view that the two functions can be carried out effectively through creation of necessary directorates under which the voluntary and the compulsory standards, and inspections and enforcement shall fall. Directorates will complement each other under one institution, and will also allow ZABS to expand its functions to make it more efficient and effective in carrying out these functions. 

 

Madam Speaker, I have taken note of what the hon. Minister said about the fact that this is not going to be draining public resources. Remember, however, that someone has to pay for this, and your ministry is always first to receive complaints from the private sector about the costs of doing business. We are merely conveying these complaints that your business people expressed to us.

 

In conclusion, your Committee wishes to thank all the stakeholders who appeared before it, and tendered both oral and written submissions. Gratitude goes to you, Madam Speaker, for affording the Committee an opportunity to study the Bill. Your Committee, as usual, thanks the Office of the Clerk of the National Assembly. 

 

Madam Speaker, I thank you.

 

Mrs Mwanakatwe: Madam Speaker, thank you very much for this opportunity to stand here and thank your Committee under the Chairmanship of the hon. Member of Parliament for Liuwa.

 

I want to reiterate that we want to ensure that we have the voluntary and the compulsory standards and to position ourselves, clearly, to propel this country to greater heights. In so doing, if we charge for a service, as we will do in the compulsory standards, we have to produce that service. So, it is incumbent upon my ministry to ensure that the private sector is satisfied with the service that ZABS will provide in the standards, and which the Compulsory Standards Bill will be putting in place for the future.

 

So, once again, I thank you, and solicit the support of the House to ensure that this Bill passes.

 

I thank you, Madam.

 

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

 

Committed to a committee of the Whole House.

Committee on Thursday, 16^th March, 2017.

 

THE NATIONAL TECHNICAL REGULATION BILL, 2017

 

Mrs Mwanakatwe: Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam, I would like to thank you for the opportunity to deliver my second reading statement on the National Technical Regulation Bill, 2017. I thank your Committee on Education, Science and Technology for the work they did in reviewing the Bill, and for facilitating consultations on the fundamental aspects of the Bill.

 

Madam Speaker, technical regulations, like standards, set out specific characteristics of a product such as its size, shape, design, functions and performance, or the way it is labeled or packaged before it is put on sale. In certain cases, the way a product is produced can affect these characteristics, and it may then prove more appropriate to draft technical regulations in terms of a product’s process and production methods rather than its characteristics per se. Technical regulations are, by nature, mandatory and have different implications for international trade. If an imported product does not fulfill the requirements of a technical regulation, it will not be allowed to be put on sale.

 

Madam Speaker, the administration of technical regulations in Zambia has not been in compliance with the provisions of the World Trade Organisation (WTO), of which Zambia is a member. As a result, the regulatory regime is fragmented, and not very efficient. In addition, there are no guidelines used in developing technical regulations. This has resulted in ministries and regulatory agencies developing technical regulations in a manner not compliant with the WTO rules, and Zambia’s obligations under both the regional and international trade agreements.

 

It must be understood that the WTO agreement on Technical Barriers to Trade  (TBT) seeks to ensure that regulations, standards, testing and certification procedures do not create unnecessary obstacles, but provide members with the right to implement measures to achieve legitimate policy objectives, such as the protection of human, animal or plant health and safety, or the environment. Therefore, a technical regulation framework is an important condition for sustaining, and expanding the economy as a competitive player in the world trading system, whilst effectively protecting the public and the environment.

 

Madam Speaker, the National Technical Regulation Bill, 2017, will, therefore, establish a common technical regulation framework which is compliant with Zambia’s regional and international obligations under the Southern African Development Community (SADC) and WTO’s TBT agreement, and rationalise it in line with the international best practices and commitments made by Zambia at that level.

 

The National Technical Regulation Bill, 2017, will also provide guidance to all agencies and departments responsible for the development, maintenance and review of technical regulations. It will also facilitate the re-engineering of the current technical regulation practices in all the ministries and their agencies to meet the requirements of the agreed technical regulation framework, and establish common principles to be followed by all the ministries and their regulatory agencies in developing and implementing technical regulations. To be effective and binding on all regulatory agencies, the Technical Regulations Framework (TRF) has to be given legal effect through an Act of Parliament.

 

Madam Speaker, the main objective of the Bill is to establish a common technical regulation framework which is compliant with Zambia’s regional and international obligations. The specific objectives include:

 

1. provide for the principles of, and a framework for technical regulations that are compliant with best practices, regional and international obligations;

 

1. establish a coordinating department for technical regulations;

 

1. provide technical guidance to regulatory agencies on the development, implementation, administration and review of technical regulations;

 

1. domesticate the international and regional trade agreements on Technical Barriers to Trade in order to ensure that regulations, standards, testing and certification procedures do not create unnecessary obstacles to trade but implement legitimate policy objectives and measures; and

 

1. provide for matters connected with, or incidental, to the foregoing.

 

Madam Speaker, the implementation of this Bill, once enacted, will lead to a fully functional and coordinated technical regulation regime in Zambia. This will be coherent, efficient and effective. It will also eliminate overlaps and territorial turf wars between and amongst ministries and regulators. The Act will be administered by my ministry through an implementing department to be established. In view of its multifaceted application and wide range of subject matter, effective implementation of the Act will require collaboration with several stakeholders, particularly, regulatory agencies.

 

Madam Speaker, I have taken note of all the observations and recommendations of your Committee on this Bill, and they will be taken into account in its implementation. With regard to your Committee’s recommendation on stipulating the academic qualifications for the director and staff in the department responsible for technical regulations, I take note of the importance of qualified staff in the department. The Government will ensure that the right personnel, with the necessary qualifications, are employed in the department. However, we are not of the view that specific qualifications of staff may need to be included in the legal framework.

 

Your Committee recommends that the Bill should be amended to ensure that the process of appeal by suppliers is enshrined in the Bill. I have taken note of this, and will liaise with the Ministry of Justice to ensure that the amendment is inserted. My ministry will also ensure that the development of regulations for carrying out of the law is done in accordance with the Government guidelines where regulatory agencies and stakeholders are involved, and consulted in order to ensure ownership and ease of implementation.

 

Madam Speaker, in conclusion, let me emphasise that is necessary to have legislation that will establish a common technical regulation framework which is compliant with Zambia’s regional and international obligations. I, therefore, look forward to the full support of hon. Members of this House.

 

Madam Speaker, I thank you.

 

Ms Mwashingwele (Katuba): Madam Speaker, your Committee considered various submissions on the National Technical Regulations Bill, 2017, referred to it on 21^st February, 2017. The objects of the Bill are to:

 

1. provide for the principles of, and a framework for technical regulations that are compliant with best practices, regional and international obligations to which Zambia is a party;

 

1. establish the Department of Technical Regulation in the Ministry responsible for trade;

 

1. provide for the development and implementation of technical regulation for public safety and health, consumer protection and environmental protection;

 

1. provide technical guidance to regulatory agencies on the development, implementation, administration and review of technical regulations;

 

1. domesticate the International and Regional Trade Agreements on Technical Barriers to Trade in order to ensure that regulations, standards, testing and certification procedures do not create unnecessary obstacles to trade, but implement legitimate policy objectives and measures; and

 

1. provide for  matters connected with, or incidental, to the foregoing.

 

Madam Speaker, let me begin by stating that your Committee supports the Bill, and commends the Government for bringing it to the House. Stakeholders who appeared before your Committee were in support of the Bill as it is a measure which will ensure transparency and consistency in the development, implementation and maintenance of technical regulations.

 

Madam Speaker, I wish to highlight some of the observations and recommendations of your Committee. Your Committee feels that, in as much as the Bill provides for the appointment of the director and other staff to administer the Act, it does not prescribe the minimum academic or professional qualifications for persons to be appointed as such. Your Committee also notes that the work of the department calls for expertise in order to yield the desired results. In this vein, the minimum qualifications should be prescribed in order to ensure that only persons who are qualified are appointed.

 

Madam Speaker, your Committee observes that the process of appeal referred to in Clause 10 (4) which states that “a technical regulation should provide for a process of appeal by suppliers aggrieved with, or adversely affected by, a decision of the regulatory agency concerned” has not been stipulated in the Bill. Therefore, the Bill should be amended to ensure that the process of appeal by suppliers is enshrined in the Bill.

 

Madam Speaker, whilst local manufactures pay all their regulatory fees to different institutions, there are no significant efforts from institutions to curb smuggling, or ensure that sub-standard goods are removed from the market. Your Committee is, therefore, urging the Government to put in place measures to ensure fair play in the market between foreign and domestic goods. In addition, the Government should tighten border controls, and build capacity in the offices responsible for monitoring borders to ensure that only goods adhering to the provisions of the proposed Act are allowed to enter the market. Further, the process of clearing goods at the borders must be reviewed, simplified, and publicised to citizens.

 

Madam Speaker, Clause 24 empowers the hon. Minister to make regulations necessary for the effective carrying out of the provisions of this Act. Your Committee is of the view that the powers to make regulations necessary for the carrying out of the provisions of this Act might be subject to abuse if left to the discretion of one person. Therefore, a provision be made for the hon. Minister to make regulations in consultation with the Department of Technical Regulation and the relevant regulatory agency.

 

Madam Speaker, I now appeal to the House to support the Bill, and urge the hon. Minister of Commerce, Trade and Industry to take on board, the recommendations of your Committee during the Committee Stage of the Bill.

 

Madam Speaker, in conclusion, your Committee wishes to pay tribute to all the stakeholders who appeared before it, and tendered both oral and written submissions. It also wishes to thank you for affording it an opportunity to study the Bill. Your Committee also appreciates the services rendered by the office of the Clerk of the National Assembly during its deliberations.

 

I thank you, Madam.

 

Mrs Mwanakatwe: Madam Speaker, I thank you once again for giving me this opportunity to thank the Committee, the Chairman, in particular, for ably articulating the findings of the Committee. I have taken note of the issues raised regarding human qualifications, tightening border controls to curb smuggling as well as the issue of the hon. Minister being the one to recommend regulations in consultation with other people. Should these issues require amendments, I will ensure that they are included in the third reading.

 

Madam Speaker, I wish to solicit, for the third time, support of the House in passing this Bill for the second reading.

 

I thank you, Madam.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Thursday, 16^th March, 2017.

 

METROLOGY BILL, 2017

 

The Minister of Commerce, Trade and Industry (Mrs Mwanakatwe): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, I would like to thank you for the opportunity ...

 

Madam Deputy Speaker: Order!

 

(Debate adjourned)

 

_________

The House adjourned at 1255 hours until 1430 hours on Tuesday, 14^th March, 2017.