Tuesday, 11th July, 2017

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Tuesday, 11th July, 2017

 

The House met at 1430 hours

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

_________

 

RULING BY MADAM FIRST DEPUTY SPEAKER

 

Hon. Members will recall that on Friday, 7th July, 2017, during her Honour the Vice-President’s Question Time, when Hon. Remember C. Mutale, Member of Parliament for Chitambo Parliamentary Constituency was about to ask a question, Hon. Jean Kapata, MP, Minister of Lands and Natural Resources, raised a point of order. In her point of order, the hon. Minister wanted to know whether Hon. Jack J. Mwiimbu, MP, Leader of the Opposition, and Hon. Moono Lubezhi, Member of Parliament for Namwala Parliamentary Constituency, were in order to absent themselves from the sittings of the House. With regard to Hon. Moono Lubezhi, MP, in particular, the hon. Minister of Lands and Natural Resources wanted to know whether she was in order to be absent from the House when the Hon. Mr Speaker had rendered a ruling lifting her suspension and advising her to return to the House.

 

In my immediate remarks, I reserved my ruling to enable me to investigate the matter and render an informed decision. I have since investigated the matter and now wish to proceed with my ruling.

 

Hon. Members, a review of our records indicate that Hon. Jack J. Mwiimbu, MP, Leader of the Opposition, obtained permission from the hon. Chief Whip to stay away from the sittings of the House from Wednesday 14th June to Friday, 7th July, 2017. In this regard, Hon. Mwiimbu’s absence from the House is in accordance with Standing Order No. 151(3) of the National Assembly Standing Orders of 2016 which requires that hon. Members of Parliament who intend to stay away from the sittings of the House obtain the permission of either the Hon. Mr Speaker or the hon. Chief Whip.

 

Hon. Members, with regard to Hon. Moono Lubezhi, MP’s absence from the House, I wish to inform the House that on 26th June, 2017, the Office of the Clerk of the National Assembly wrote a letter notifying her that her suspension had been inadvertent and requested her to return to the House. From that time to date, the Office of the Clerk has made numerous attempts to get hold of the hon. Member and serve the letter on her. However, the Office the Clerk has been unable to locate her because her whereabouts are unknown and her phones have been constantly switched off. In this regard, the Office of the Leader of the Opposition was engaged to assist in locating Hon. Moono Lubezhi, Member of Parliament for Namwala, but to avail. It means, therefore, that the hon. Member for Namwala has not yet received the letter lifting her suspension, and hence the reason for her absence from the House.

 

I thank you.

 

_________

 

MINISTERIAL STATEMENT

 

FIRE OUTBREAK AT LUSAKA CITY MARKET

 

The Minister of Local Government (Mr Mwale): Madam Speaker, as Minister responsible for Fire and Rescue Services and Markets, and Bus Stations, I wish to submit a report on the spate of fires that broke out in various parts of the country, with the most recent one being at Lusaka City Market.

 

Madam Speaker, it is saddening to note that the country has experienced a series of fires in various places from around August, 2016, most of which are suspected to have been suspected arson. Furthermore, there have been acts of sabotage of some national installations like Zambia Electricity Supply Corporation (ZESCO) power lines and substations. The incidents of destruction or attempted destruction include:

 

  1. the gutting of Tambalala Market in Bauleni Township, Lusaka, on 23rd August, 2016;

 

  1. the burning of Mongu Local Court in early 2017;

 

  1. the burning of Luburma Market in Lusaka in the first week of April, 2017;

 

  1. the apprehension of a person who attempted to set one of the buses ablaze at the Intercity Bus Terminus with a burning sock by some alert members of the public on 21st April, 2017;

 

  1. the arrest of four youths who were found in possession of substances capable of causing a fire outside the Lusaka Correctional Facility at about 0350 hours on 26th April, 2017;

 

(f)         the burning of a storeroom and other sections of the District Education Board Secretary (DEBS) Office in Kafue District on 1st May, 2017.  Two containers of petrol were found at the scene;

 

(g)        the detention of two people by the Zambia Police Service to help with investigations concerning an allegation that they were found in possession of materials that they wanted to use to set Soweto Market in Lusaka ablaze on  3rd May, 2017.

(h)        the tripping of the 330 kv Kafue West line due to the collapse of Tower No. 7 as a result of sabotage on 23rd June, 2017;

 

  1. the sabotage of the Zambia Electricity Supply Corporation (ZESCO) pylons in Ndola on 1st June, 2017, that resulted in a power outage in many towns; and

 

(j)         the burning of Lusaka City Market 4th July, 2017, that resulted in extensive damage to property.

 

Madam Speaker, from the description of the above-mentioned incidents, it is clear that they were calculated and planned in order to destroy valuable property and affect many ordinary Zambians. It is equally saddening to note that the acts of sabotage are a huge cost and drawback to the nation. This is, indeed, a very unfortunate situation.

 

Madam Speaker, the recent fire at Lusaka City Market, which started at 0500 hours on 4th July, 2017, resulted in extensive damage to part of the market structure, installations and property of stall owners. The fire affected an area of approximately 15,600 sq. m, covering a section of the market. However, I wish to report that no life was lost in the inferno. It has been estimated that the destroyed property is worth millions of kwacha. Out of 4,000 stalls, 1,375 have been affected while 1,900 traders have been affected by the fire. Goods worth K5 million to K7 million have been lost. However, the Disaster Management and Mitigation Unit (DMMU) in the Office of the Vice-President, in conjunction with the Lusaka City Council, is yet to determine the exact figure, as the traders are still registering their losses.

 

Madam Speaker, the cause of fire is still a subject of investigation by the relevant Government wings. A combined team of experts from the Zambia Police Service and Fire Service has so far collected pieces of evidence which will help determine the actual cause of the fire. We wish appeal to the members of the public to remain calm as investigations are still ongoing.

 

Madam, allow me to commend the combined team of fire fighters from the Lusaka Fire Brigade and Zambia Air Force (ZAF), Zambia Army, Zambia Police Service, DMMU and the citizens of Zambia that collaborated well in containing the fire despite the challenges they were faced with.

 

Madam Speaker, the market has remained sealed off to the members of the public. So, no trader is allowed to enter the market until the investigations have been completed. The traders whose stalls were not gutted will only be allowed into the market to collect their goods when it has been declared safe. I wish to report that a combined team of technicians has been working day and night to ensure that the traders have access to the market in the shortest possible time.

 

Madam Speaker, I wish to mention that many people and institutions have been affected by the closure of the market. For instance, the Lusaka City Council alone is will be losing K50,000 per day in revenue collection for the period the market will be out of operation. As you are aware, the market also houses one of the busiest bus stations. Consequently, the transport business has been affected by the reduction in the number of people frequenting the market.

 

Madam Speaker, I further wish to inform this august House that the Committee of Ministers headed by Her Honour the Vice-President, which has been constituted by His Excellency President Edgar Chagwa Lungu to look into the issue of the gutted markets around the country, has started working and is recording progress on a daily basis. The nation will be kept informed about the various activities that are being undertaken to ensure that all the markets around the country are upgraded to international standard and are secure for the traders and members of the public.

 

Madam Speaker, fire fighting and rescue services are an integral part of economic development that can safeguard the economic gains made so far in all the sectors of our economy. The frequent incidents of fires have caused concern as expressed by His Excellency the President in his Address to the Nation. Further, the fires are a great cost to the economy and pose a risk to the lives of people. To this effect, the Government is seriously considering:

 

  1. investing in more modern firefighting  equipment;

 

  1. improving the required standard of firefighting  personnel through capacity building; and

 

  1. building structures that incorporate all the necessary elements that are resilient to fires.

 

Madam Speaker, the Government intends to build a modern Lusaka City Market that will accommodate fivefold the number of traders in the old market, with a bigger bus station and better facilities. The plan of action for rebuilding better markets is already underway and preliminary indications are that we may require up to US$20 million for the new city market. The estimated timeframe for rebuilding the market is, at least, twelve months. The Government is keen to get the traders back to running their businesses in the shortest possible time. It has also identified sites along Lumumba Road and Soweto Market where traders can be relocated as the market is being rebuilt. The new market sites are being worked on by a combined team of engineers from the Defence Forces and will be ready for occupation in the next six weeks. I must assure the House that the sites will be built using fire resilient materials and the structures will be built in such a way that they can be used by other traders in future.

 

Madam Speaker, in this regard, the Ministry of Local Government has acquired forty-two fire engines at a cost of US$42 million for all major districts across the country, especially economically viable districts and those along the line of rail and border areas where there is a higher concentration of people and more economic activities. The fire engines will have all the required firefighting equipment. Furthermore, it will now be a requirement that a complete security camera system, comprising a closed circuit television (CCTV) is installed in all the markets to curb any unscrupulous dealings by individuals with bad intentions. Of equal importance is the requirement for everyone to insure his\her assets and or properties.

 

Madam Speaker, as I wind up my statement, I wish to call upon all the Zambians to come together to help bring normalcy to the businesses of our brothers and sisters in order to enable them to support their families. At 0730 hours on Thursday, 13th July, 2017, Her Honour the Vice-President will launch the fund for the rehabilitation of markets under themed, “Building Back Better” at a breakfast to be held at the Government Complex. All hon. Members of Parliament are welcome to attend.

 

Madam, I also wish to appeal to business houses and well-wishers to support this cause by attending this event for the good of our country. I, therefore, wish to take this opportunity to assure this House and the nation that the Government is fully committed to addressing the challenges that the fire and rescue sector is faced with in order to safeguard our property and environment.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Hon. Members are now free to ask questions on points of clarification on the ministerial statement given by the hon. Minister of Local Government.

 

Mr Zimba (Chasefu): Madam Speaker, I would like to find out whether or not council structures like markets, particularly the one in question, are insured?

 

Mr Mwale: Madam Speaker, unfortunately, Lusaka City Market was not insured. However, Soweto Market and part of Intercity Bus Terminus are insured. Some markets are insured while others are not. In future, the Government will ensure that all markets are insured.

 

Madam Speaker, I thank you.

 

Mr Bwalya (Lupososhi): Madam Speaker, the events that have taken place in recent times make sad listening. The acts of destruction have damaged a lot of property and retarded the progress of the people of Zambia.

 

I wish to commend the hon. Minister for the procurement of fire tenders. However, I would like to find out whether the Government will include the installation of water hydrants in the rehabilitation of markets and other places that have been referred to. Often times, fire tenders get to a place or building where there is a fire only to find to find there is no water point. Will we see an improvement in that regard? Will there be water points at all public installations?

 

Mr Mwale: Madam Speaker, the Government wants to ensure that there are fire hydrants at all public installations. In fact, it is demolishing buildings that were erected on water points so that fire tenders can have access to the water points.

 

I wish to request the people to bear with the Government for taking the decision to demolish people’s houses that have been built on road reserves in order to ensure that all public installations are well-equipped with water hydrants that are accessible by fire tenders. 

 

I thank you, Madam.

 

Mr Chiyalika (Lufubu): Madam Speaker, yesterday evening, it was stated in the Zambian National Broadcasting Corporation (ZNBC) Television main news that Lusaka City Market would be rebuilt in six weeks. In his statement, however, the hon. Minister has said that the market would be rebuilt in twelve months. Could the hon. Minister clarify the time frame. 

 

Mr Mwale: Madam Speaker, my ministerial statement is meant to correct the statement that was issued in the ZNBC Television Main News. It will take not less than twelve months to build a proper market.                                                                                                                          

 

Like I said earlier, the committee chaired by Her Honour the Vice-President would like a much bigger and better facility constructed that will accommodate five times the current number of traders. This, however, will take longer than six weeks. We want to put up a four or five storey-building that will be fire resistant. Perhaps, the six weeks relates to the period in which we are supposed to put up an alternative market for traders who have been affected by the burning of the market. Indeed, this will take six weeks or less, depending on how fast the men in uniform will work.

 

I thank you, Madam Speaker.

 

Hon. Government Members: Hear, hear!

 

Mr Malama (Nchelenge): Madam Speaker, in his statement, the hon. Minister did not mention the provision of security in the markets. I have in mind the council police, popularly known as kanyangu because it seems to me there is no all-round security in the markets. Where was the council police when the market was gutted?

 

Madam First Deputy Speaker: Perhaps, the hon. Member could explain what kanyangu means?

 

Laughter

 

Mr Malama: Madam Speaker, kanyangu means council police.

 

Madam First Deputy Speaker: Alright.

 

You may proceed, hon. Minister.

 

Mr Mwale: Madam Speaker, I did not talk about the council police because I know that when the investigations into the fire at Lusaka City Market are carried out, I would come back to the House to give a detailed statement. Only then will I talk about the security and what could have caused the fire. There will be another statement after all the investigations are concluded. Markets are guarded, but to what extent Lusaka City Market is guarded will come in a later statement.

 

Madam Speaker, I thank you.

 

Mr C. M. Zulu (Luangeni): Madam Speaker, three weeks ago, a twenty-two storey building in the United Kingdom (UK) was gutted. Fire fighters had difficulty putting out the fire because the equipment could only go up to the fourth floor. Yesterday, there was another fire and fire fighters immediately put it out because they were seventy-five in number.

 

Hon. Minister, it is commendable that you have procured new fire equipment. However, did you take into account multi-storey buildings when procuring the equipment? Further, when will you start training firemen in new fire extinguishing technologies?

 

Mr Mwale: Madam Speaker, we have procured top-of-the-range equipment that should be able to quench fires in multi-storey buildings. The equipment was very expensive.

 

Further, we recently advertised for the procurement of companies to construct ten fire stations across the country and modernise the fire training institute in Kabwe. This is because we want to build capacity in our firemen. We have well-trained firemen, but we can do better once the institute is rehabilitated. We are making all these investments because there has been a lot of infrastructure development in the country in the past few years. We want to protect the infrastructure.

 

I thank you, Madam.

 

Mr Chali (Nchanga): Madam Speaker, I would like to find out from the hon. Minister when we shall receive the forty-two fire tenders he has talked about.

 

Mr Mwale: Madam Speaker, the sixteen fire engines, which were manufactured in Spain, are already in the country. We shall be in a position to know more about them in the next few days. We shall also hand them over to the Government in the next few days. Thereafter, they will be distributed. The rest are in transit from Spain while others are being dispatched from that country. Let me say that all the forty-two fire engines will be in the country by September, 2017.

 

 I thank you, Madam Speaker.   

 

Mr Ngulube (Kabwe Central): Madam Speaker, I would like to find out whether the Government has any plans of compensating the victims of Lusaka City Market infernal because there is some information circulating on social media that there are some people who are going round collecting money to rebuild the market. Has the ministry allowed people to go round soliciting for funds in the name of rebuilding Lusaka City Market? Further, what steps has the Government put in place to ensure that members of the public are not defrauded.

 

 Mr Mwale: Madam Speaker, the hon. Member has raised a very important question.

 

Madam, Her Honour the Vice-President is chairing a committee, which has been mandated to mobilise support for rebuilding the market. So, whoever is willing to assist the Government should do so through the Disaster Management and Mitigation Unit (DMMU) via a bank account which is yet to be opened.

 

Madam, like I said earlier, Her Honour the Vice-President will be hosting a breakfast meeting on Thursday at 0730 hours where all the details will be given. I wish to take this opportunity to alert members of the public not to fall prey to people who may want to use this disaster to enrich themselves. If they want to assist, they should do so through the DMMU. Let me reiterate that all the details of whom they can contact, whether bank accounts will be opened and with which banks will be given on Thursday. All the proceeds from that undertaking will be channeled to rebuilding the market. The committee, which is chaired by Her Honour the Vice-President, will decide on how to spend the money.

 

 I thank you, Madam Speaker.

 

Mr Chisopa (Mkushi South): Madam Speaker, I would like to sympathise with those affected by the Lusaka City Market infernal. However, I would also like to advise them about the importance of taking up individual insurance schemes.

 

Madam, during the campaigns for the 2016 General Elections, some opposition political parties said that there will be Armageddon in this country if they did not win the elections. Is the Government relating these incidences to the remarks that some opposition political parties made during the campaigns?

 

 Mr Mwale: Madam Speaker, I will leave that to the Zambians to judge because they have been hearing the remarks by all the parties prior, during and after the elections. For now, I would like us to focus on rebuilding the market so that it can be reopened to relieve the suffering of those who have been affected by the infernal. I also wish to assure the nation that the Government is ensuring that we are well equipped in terms of fire fighting and rescue services. For now, I will confine my statement to the measures being taken and leave the issue of the pronouncements that have been made on social media and other channels for the Zambians to judge.

 

 I thank you, Madam Speaker.

 

 Mr Sampa (Kasama Central): Madam Speaker, I would like to thank the hon. Minister for the well-informed statement to the House. However, I am particularly concerned that there are no fire extinguishers and water hydrants in public installations. I thought that fire extinguishers and water hydrants were supposed to be fitted during the construction of buildings. Are fire extinguishers and water hydrants going to be fitted in public installations as a way of protecting them?

 

Mr Mwale: Madam Speaker, we have drawn lessons from the Lusaka City Market infernal. We are reviewing the construction of public facilities in liaison with the Ministry of Housing and Infrastructure Development so that we come up with some standards to be followed when putting up infrastructure. Definitely, the facilities to be constructed will have different fire-fighting mechanisms.

 

I thank you, Madam Speaker.

 

 Dr Chibanda (Mufulira): Madam Speaker, my question is a rider to that by the hon. Member for Kasama Central. Could the hon. Minister confirm whether Lusaka City Market was equipped with any fire suppression system such as fm-200, co2 or any kind of fire suppression, as it is considered a modern market in Lusaka?

 

Mr Mwale: Madam Speaker, again, with your indulgence, I left out that bit of information because I thought it would come in the comprehensive statement that will address the causes of the fire, the fire-fighting mechanisms that were put in place, how they should have worked and what challenges were encountered and so on and so forth. The hon. Member’s concern is in relation to the cause of fire and the engineering design of the market. All that will be covered in the comprehensive statement.

 

 I thank you, Madam Speaker.

 

 Madam First Deputy Speaker: Order!

 

Hon. Minister, are you able to state whether there was co2 or other fire-fighting equipment at the market?

 

 Mr Mwale: Madam Speaker, I am not able to provide that information at the moment.

 

 I thank you, Madam Speaker.

 

 Mr Chiteme (Nkana): Madam Speaker, my question is simple.

 

Madam, I would like to know what happened to the closed circuit television system (CCTV), which was supposed to be installed at the market? If there was CCTV, it would have helped to identify the suspected arsonists.

 

 Mr Mwale: Madam Speaker, I wish to request the hon. Member of Parliament to file in a question with the appropriate ministry through the hon. Minister of Home Affairs. I believe he will give us an accurate answer.

 

Madam Speaker, I thank you.

 

____________

 

QUESTIONS FOR ORAL ANSWER

 

CLASSROOM BLOCK AT CHIGWE SCHOOL IN VUBWI

 

315. Ms Miti (Vubwi) asked the Vice-President:

 

  1. when the roof of a 1 x 3 classroom block at Chigwe School in Vubwi Parliamentary Constituency, which was blown off in January, 2017 would be repaired;

 

  1. what the estimated cost of the project was; and

 

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

 

The Minister in the Office of the Vice-President (Ms Chalikosa): Madam Speaker, the Office of the Vice-President is aware of the blown-off roof of a 1 x 3 classroom block at Chigwe School in Vubwi Parliamentary Constituency and this has been captured in our database. Therefore, the Office of the Vice-President has engaged the Provincial Office of the Disaster Management and Mitigation Unit (DMMU) in Chipata to liaise with the District Disaster Management Committee (DDMC) and District Education Board Secretary (DEBS) in Vubwi for them to generate a Bill of Quantities (BoQ) and submit it to the Office of the Vice-President for consideration. The time frame for the completion of the project will be determined as soon as the BoQ is submitted to the Office of the Vice-President. The implementation of the project is subject to the availability of funds.

 

Madam Speaker, I thank you.

 

Ms Miti: Madam Speaker, at the moment, the situation is quite desperate, as the school has had to adjust the learning timetable for pupils because they have all been pushed into one class. Initially, some classes were conducted outside. Would the hon. Minister confirm – and I am sure the people of Vubwi are listening – how soon this can be done. In fact, this roof was blown off before January, 2017.

 

Ms Chalikosa: Madam Speaker, we do have a consolidated list of schools around the country whose roofs have been blown off. The DMMU is compiling a list of schools that it can supply with roofing sheets, as it is easier than reconstructing classrooms. So, Chigwe School will be attended to in the shortest time possible.

 

AQUACULTURE IN KAPUTA AND NSAMA

 

316. Mr Ng’onga (Kaputa) asked the Minister of Fisheries and Livestock what plans
the Government had to develop aquaculture in Kaputa and Nsama districts.

 

The Minister of Fisheries and Livestock (Mr Katambo): Madam Speaker, my ministry is spearheading the development of aquaculture in order to increase fish production in Zambia in order to reduce the current fish deficit. Aquaculture is also being promoted as an alternative means of livelihood during the fishing ban. In order to enhance fish production, my ministry is establishing fingerling production centres, aquaculture parks, and cage and pen culture promotion. Aquaculture parks will be established in areas with high potential for aquaculture production.

 

With regard to Kaputa and Nsama districts, my ministry is developing aquaculture through the sensitisation of communities to engage and diversify into aquaculture. In Kaputa District, my ministry has implemented capacity building programmes for fish farmers in site selection, pond pegging and construction, fish pond management and record keeping. More than 100 fish farmers have been trained and thirty-one ponds constructed. The farmers will be linked to Misamfu and Fiyongoli aquaculture research stations for fingerlings. Additionally, the Scaling up Nutrition (SUN) Programme is supporting the ministry in aquaculture development through the construction of ponds. So far, SUN has constructed and operationalised five fish ponds and six more are under construction at a cost of K134,860.

 

The Ministry of Fisheries and Livestock, in collaboration with the Ministries of Agriculture and Health, with support from SUN, will put up a fish hatchery. Further, my ministry, in collaboration with traditional leaders, has secured land for the hatchery. Two fish farmers have been trained to become community fingerling producers.

 

In Nsama District, aquaculture is at a small-scale level. The slow growth of land-based fish farming is mainly attributed to rocky areas and limited sources of water to facilitate aquaculture. However, there has been awareness creation in areas with high fish farming potential. Despite these limitations, my ministry has trained nine fish farmers and constructed fifteen ponds in the district. In addition to land-based aquaculture, my ministry is promoting water-based aquaculture on Lake Tanganyika.

 

Mpende Fisheries is growing Tanganyika breams in cages at a commercial level. It has twenty-eight breeding ponds and eighteen cages comprising six pre-fattening cages and twelve fattening cages. The extension of breeding ponds is underway with sixteen new ponds being constructed. Mpende Fisheries has one hatchery that produces 9,000 fingerlings per day and is constructing more hatcheries. The Lake Tanganyika Development Project, with funding from the African Development Bank (ADB), will support the construction and management of five small-scale floating demo sites for tilapia for five farmers or interest groups.

 

Madam Speaker, I thank you.

 

___________

 

MOTIONS

 

DECLARATION OF THREATENED STATE OF PUBLIC EMERGENCY

 

The Vice-President (Mrs Wina): Madam Speaker, I beg to move that in accordance with Article 31(2) and (5) of the Constitution of Zambia, this House do approve the declaration of the state of threatened state public emergency made by the President on Wednesday, 5th July, 2017, under Statutory Instrument No. 53 of 2017.

 

Madam Speaker, Article 31(2) of the Constitution requires the approval of this House if a declaration relating to threatened public emergency is to continue to be in effect for a longer period than seven days from the date the President makes the declaration. It is not practicable to institute measures aimed at forestalling a state of public emergency within seven days from the date of the declaration. It is necessary that this House approves the declaration of threatened state of public emergency in order to allow reasonably ample time for the implementation of appropriate measures to deal with the existing situation.

 

Madam Speaker, in his special address to the nation on 5th July, 2017, His Excellency the President outlined clearly the events that led to the decision to declare a threatened state of public emergency. The President is satisfied that the situation emanating from the events that he mentioned in his Special Address to the Nation cannot be expeditiously dealt with by the ordinary criminal laws, hence the declaration and attendant application of the Preservation of Public Security Act to deal with it.

 

It is necessary that law enforcement officers are clothed with additional powers or, in short, given additional powers to enable them to ascertain the full extent of the threatened state of public emergency in order to deal with the situation at hand. 

 

Madam Speaker, I have no doubt that hon. Members appreciate the gravity of the existing situation. It is, therefore, my sincere hope that hon. Members will unanimously support this Motion.

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

Mr Bwalya (Lupososhi): Madam Speaker, thank you very much for giving me the opportunity to debate in support of the Motion.

 

Madam Speaker, this country has been engulfed by what I may term terrorism, sabotage and vandalism. I sympathise with the victims of the fires which gutted the markets which resulted in a loss of property worth millions of kwacha. I pray that the Almighty God gives them strength. I want to inform them that this Government, headed by His Excellency the President, Mr Edgar Chagwa Lungu, is with them in this time of sorrow and that it is working out ways of getting out of this malaise.

 

Madam Speaker, kindly allow me to quote the Constitution of Zambia (Amendment) Act No. 2  of 2016 which reads: 

 

“90.     The Executive authority derives from the people of Zambia and shall be exercised in a manner compatible with the principles of social justice and for the people’s wellbeing and benefit.”

 

Ms Kapata: On a point of order, Madam.

Madam First Deputy Speaker: I will not allow that point of order unless it is compelling. I have a list of hon. Members wishing to debate this Motion and I think we need to make good use of the time.

 

Is the point of order compelling?

 

Ms Kapata: It is, Madam.

 

Madam First Deputy Speaker: You may proceed.

 

Ms Kapata: Madam Speaker, I stand on a very serious point of order. Are the few hon. Members of the United Party for National Development (UPND), who are supposed to be in the House, in order not to be in the House? They have said that their suspension would lead to the Patriotic Front (PF) coming to the House to change the laws of the country.

 

Madam Speaker, are the UPND hon. Members, who are supposed to be in the House, in order to stay away from this important debate?

 

Madam Speaker, I seek your serious ruling.

 

Madam First Deputy Speaker: I believe the hon. Members who are present in this House have enough wisdom to debate and pass this Motion and that you, hon. Members here, are representing the Zambians who expect leadership from you, their representatives. 

 

My ruling is that we have business before us and we should, therefore, exhaust it.

 

The hon. Member for Lupososhi may continue.

 

Mr Bwalya: Madam Speaker, before the point of order, I was quoting the Constitution of Zambia.

 

Madam Speaker, Article 91 of the Constitution states:

 

“91.     (1) There shall be a President of the Republic who shall be the Head of State and Government and Commander-in-Chief of the Defence Force.

 

            “(2) The Executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.

            “(3) The President shall, in exercise of the Executive authority of the State –

 

  1. respect, uphold and safeguard this Constitution;

 

  1. safeguard the sovereignty of the Republic;

 

  1. promote democracy and enhance the unity of the nation;

 

  1. respect the diversity of the different communities of Zambia;

 

  1. promote and protect the rights and freedoms of a person; and

 

  1. uphold the rule of law.”

 

Madam Speaker, this is a heavy responsibility that has been placed on the President’s shoulders and every Zambian knows where the buck stops. In the event that there is something threatening the lives of the Zambians; the buck stops with the President. With these provisions in the Republican Constitution, we need to support the President’s effort to stop the destruction we have witnessed in the recent past.

 

Madam Speaker, in his own wisdom, the President asked the House to approve the declaration of a state of threatened public emergency. I am saying this because he must have spent sleepless nights to arrive at the decision of evoking Article 31 of the Constitution. It must be noted by every Zambian that according to the provisions of Article 31, the President need not consult the Cabinet. However, because he is a democratic leader who was elected to preside over the affairs of the country, he consulted his Cabinet and a consensus was reached.

 

Madam Speaker, the Constitution is the primary law of the land. Therefore, we should ensure that we protect it. This is why every elected hon. Member of Parliament, including those who are not here, took the Oath of Allegiance to protect and defend the Constitution or the Laws of Zambia. The Laws of Zambia include Caps 108 and 112 that explain the status quo.

 

Madam, there is no state of emergency in this country. However, the President has been proactive invoking Article 31 of the Constitution to forestall situations that may lead to a state of emergency, …

 

Mr Lubinda: Hear, hear!

 

Hon. Government Members: Hear, hear!

 

Mr Bwalya: … and thus curtailing certain freedoms and rights of the people.

 

Madam Speaker, about 25th May, 1993, the late President, Mr Frederick Chiluba, may his soul rest in peace (MHSRIP), lifted the state of emergency under which Zambia operated for a long time and we want to status quo to continue. However, it can only continue if all the Zambians are willing to come together to flush out the people who are burning markets.

 

Hon. Government Members: Hear, hear!

 

Mr Bwalya: Madam Speaker, there are times when non-governmental organisations (NGOs) have been forceful in ensuring that certain demands are met. For instance they played a major role in the delivery of the Amended Constitution of the Republic of Zambia. In view of this, I wish to see the same energy being exerted on ensuring that the people who are terrorising this country are brought to book. NGOs and the Church should not remain quiet when the lives of the Zambian people are threatened. So, let us encourage our congregations and the civil society to help the police or law enforcement agencies bring to book the individuals who have made the lives of the Zambians difficult.

 

Madam Speaker, it is sad to note that on one hand, the international community is expecting us to accelerate the attainment of the sustainable development goals (SDGs) while on the other hand we have people who are bent on ensuring that the SDGs are not achieved. How are we going to achieve the SDGs if others are fighting every effort that the Government is making?

 

The traders whose stalls were burnt at Lusaka City Market depend on their businesses to ensure provide good nutrition for their families. In addition, the promotion of good nutrition is one of the SDGs. Therefore, it is only right that all of us, Zambians, support the efforts of His Excellency the President in the ninety days threatened state of emergency to flush out the people who are causing trouble.

 

Hon. Government Members: Hear, hear!

 

Mr Bwalya: Madam, it is not right to begin apportioning blame because the people who are affected by the infernal are known as traders not members of any political party or religious grouping. All of us, Zambians, should work as a team to fight these acts of terrorism.

 

Madam Speaker, I wish to urge the hon. Minister of Home Affairs to be on the alert because while there are different political parties in this country, it is also true that the Zambians are many. So, the people who are perpetrating these vices are amongst the Zambians who belong to different political parties. I wish to urge the House not to draw a line until the culprits have been caught. It is for this reason that I call upon all the political party leaders who are worth their salt to help us cage the ‘cantankerous’ people who are behind the destruction of property. The goal of political parties is to rule this country one day. So, no leader wants to rule a country that is on fire.

 

Madam First Deputy Speaker: Order!

 

The word “cantankerous” is unparliamentary. May the hon. Member withdraw that word, please.

 

Hon. Government Members: Hear, hear!

 

Mr Bwalya: I withdraw the word “cantankerous”. We need to cage the trouble makers.

 

Mr Sikazwe: Cage ishilu Saviour!

 

Mr Bwalya: Unless we clean up our ‘houses’, it may be difficult to come up with a solution.

 

Madam Speaker, like Her Honour the Vice-President said, there are some civil servants whose services with the Civil Service were terminated. So, we should not pay a blind eye to this because some of them are not happy that their colleagues have remained in certain positions and would, therefore, want to create havoc. The law enforcement agencies should be alert and bring the culprits to book.

 

Madam Speaker, as I conclude, I wish to caution the Zambia Police Service not to abuse their powers that have been extended. This is not the time to settle scores. The Zambian people are cognisant of what transpired when there was a state of emergency and some police officers were brutal and uncontrollable. It is for this reason that I wish to caution the hon. Ministers of Justice and Home Affairs to seriously address this matter. There is a likelihood of police officers abusing power when they have so much of it.

 

Madam, some police officers are not professional in their work. So, also wish to appeal to them to be as professional as possible in order to allay the fears of the Zambian people of living under a State of Emergency. However, this is unfounded because there is no State of Emergency. Instead, Article 31 has been invoked in order to prevent this from happening. Hence, the law enforcement agencies should interpret the invocation of Article 31 properly in their work.

 

Madam Speaker, once again, I wish to appeal to the victims of the Lusaka City Market infernal to work together so that we can bring the culprits to book. Only then shall we live in peace. His Excellency the President has a big responsibility and of governing this country and we should support him.

 

I thank you, Madam Speaker.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga (Chilubi): Thank you, Madam Speaker, I stand before you with a heavy heart.

 

Hon. Member: Hear, hear!

 

Mrs Fundanga: I wish to commend His Excellency the President, Mr Edgar Chagwa Lungu, for tabling this issue before Parliament. In most countries, people wake up to hear that such a pronouncement has been made. We thank you, Mr President.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: Madam Speaker, recent occurrences make me wonder whether this is the Zambia I was born in and have lived my whole life. Trends are changing and peoples’ attitudes are shifting. We do not even know how to describe ourselves or how to address our children.

 

Madam Speaker, when I saw the images of the fire on television, I thought I was seeing a recap of what happened in London but, to my surprise, it was Soweto Market on fire.

Hon. Government Member: Lusaka City Market!

 

Mr Fundanga: Lusaka City Market.

 

Mr Ngulube: Imeniko panono, bamayo.

 

Mrs Fundanga: What type of society are we creating?

 

Madam Speaker, we, as a nation, including hon. Members of Parliament, should engage in introspection. The recent events are saddening. So, we need to impart love, peace, understating and compassion in our children.

 

Madam Speaker, my heart goes out to the victims of the fire. I am an entrepreneur and I know the toll of losing even a cent of one’s hard-earned income. I know how the traders are feeling. I watched as women cried helplessly and shed a tear as I imagined myself in their position. In my grief, I thought about how it would help if the civil society organisations, churches, schools and leaders seriously addressed the issue of patriotism. From what I see, this country lacks patriotism.

 

Madam Speaker, whenever I address diplomats or expatriates, I tell them that Zambia is a country that makes you cry twice. You cry when you enter the country because you do not know what you are going to find. You also cry when you leave because you are leaving such a beautiful country.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: However, it seems we, the Zambians, are not proud of our country. We should take ownership and be proud of our country.

 

Madam Speaker, I have travelled to several countries and lived in various parts of the world. It makes me wonder why we are not as proud of our country as other people are of their countries despite our country being abundantly blessed.

 

Madam Speaker, there is also the issue of dictatorship being talked about. What type of leader do we, as a country, want? We should be wary of institutionalised dictatorships whose job is to police continents like Africa to divert them from their developmental goals and focus on irrelevant issues so that they can remain in abject poverty.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: Madam Speaker, with this realisation, we should guard what we have jealously and stand up to the institutionalised dictators who have perpetuated poverty in Africa. It is reported that some of them spend billions of United States (US) Dollars on perpetuating poverty in Africa. We will not progress if we do not unite. So, it is important that we unite and support our President.

 

Madam Speaker, it amazes me how we often look at the rights of perpetrators and not those of victims.

 

Hon. Government Members: Hear, hear!

 

Mrs Simukoko: Excellent!

 

Mrs Fundanga: The President realises that it is only a handful of people who want the status quo to continue. In a bid to safeguard the nation, the President has tabled this Motion before Parliament so that this vice can be curbed before it gets out of hand.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: Madam Speaker, we have seen many countries in Africa ruin themselves and that is what we are trying to forestall. The President has not introduced a state of emergency. My constituents have been calling me, asking whether they would be stripped of their freedom of movement. I told them that this would not affect law abiding citizens, but those with criminal intentions.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: In conclusion, Madam Speaker, I would like to reiterate that we spent a lot of money to come up with a Constitution that will stand the test of time. The Constitution is what guarantees the rule of law. Why not make use of it if the need arises? The constitution is not supposed to accumulate dust on the shelf. It is supposed to be used at times like this. It is also not meant to scare anybody.

 

Madam Speaker, France is in a state of emergency. In fact, it has just been extended, but nobody is saying that people should not go and invest in France.

 

Hon. Government Members: Hear, hear!

 

Mrs Fundanga: With these few remarks, ...

 

Mr L. Mulusa: London is in a state of emergency!

 

Mrs Fundanga: London is also in a state of emergency. I am sure one of my colleagues will touch on that. We should not allow double standards.

 

Madam Speaker, with these few remarks, I would like to support the Motion on the State of Threatened Public Emergency.

 

I thank you, Madam Speaker.

 

Hon. Government Members: Hear, hear!

 

Mrs Simukoko: Excellent!

 

Mr Kopulande (Chembe): Madam Speaker, I thank you for giving me the opportunity to debate this very important Motion that relates to the security and economic development of our country.

 

Mr Ngulube: Hammer!

 

Mr Kopulande: Madam Speaker, this is one of the saddest days in the history of our country ...

 

Hon. Government Member: Martin Luther King!

 

Mr Kopulande: … because a country that has been known as a haven of peace and the citadel of justice in this region is now under debate for extra measures to be taken in order to protect itself. It is, indeed, a sad day.

 

Hon. Government Members: Hear, hear!

 

Mr Kopulande: A dark cloud hangs over our nation. However, we have a Government in place that is led by a competent President. Our President is a man of capacity and quality; a democrat at heart and in practice who has taken the necessary steps to cartel the acts of terrorism in the recent past.

 

Madam Speaker, what we are dealing with is terrorism and not arson or simple destabilisation.

 

Hon. Government Members: Hear, hear!

 

Mr Kopulande: According to the Oxford Advanced Learners English Dictionary, terrorism is:

 

“the use of violent action in order to achieve political ends or to force a Government to act in a particular manner.”

 

According to Wikipedia, the term “terrorism” is used, in its broadest sense, to describe the use of intentionally-indiscriminate violence as a means to create terror or fear to achieve a political, religious or ideological aim.

 

Madam Speaker, terrorism cannot be tolerated. According to the Global Terrorism Database (GTD) for the University of Maryland, from 2004 to 2014, there have been 61,000 acts of terror which resulted in 140,000 fatalities. How can we, in this country, sit back and play that all is well? The fact that we have not recorded any deaths as a result of the terrorist activities is no guarantee that this cannot happen. Action should be taken now.

 

Hon. Government Members: Hear, hear!

 

Mr Kopulande: Madam Speaker, acts of terrorism are unjustifiable regardless of who the perpetrators are. These acts have not been directed at public institutions only as, yesterday, a private newspaper known as the Daily Nation was petrol bombed. How long shall we tolerate these kinds of activities?

 

Madam Speaker, allow me to call upon every citizen, resident, man, woman, youth and child of goodwill within the borders of Zambia to stand up and support the action taken by His Excellency the President of the Republic of Zambia and Commander-in-Chief of the Armed Forces, Mr Edgar Chagwa Lungu, to forestall further destruction of our country.

 

Hon. Government Members: Ema MP, aya!

 

Mr Kopulande: Madam Speaker, why am I making this call? Why should the nation and the international community of goodwill support our President? It is because, as the old adage goes, “better safe than sorry”.

 

Madam Speaker, the action taken by the President will curb further acts of this nature. How will that happen? I believe that as a result of the President’s action, there shall be improved efficiency in the operations of the security wings. There shall also be increased public awareness. Already, there is an increase in the level of public awareness. So, all the suspicious elements will be reported to the State security wings in good time before destructive acts are committed. 

 

Madam Speaker, the President has assured all of us that life shall continue normally. People’s standard of living and way of life will not be disturbed. The issue before us is not partisan. We, as a nation, are faced with a challenge. Let us, therefore, unite across all political, religious and tribal lines to fight this scourge. If, indeed, these acts are committed in pursuit of a political agenda, I shudder to imagine what this country will become should the perpetrators be given the opportunity to reach the highest echelons of leadership in our country.

 

Madam Speaker, I wish, therefore, to inform all the foreign missions accredited to Zambia, namely ambassadors and high commissioners that, like His Excellency the President said, only a safe or stable country can promise its citizens prosperity. It is only a country where security is guaranteed that there can be economic development.

 

Madam Speaker, there have been augments against the action taken by the President. Some people have argued that the image of Zambia is going to be tarnished internationally.

 

Mr Sikazwe: Hear, hear!

 

Mr Kopulande: Madam Speaker, the image of Zambia will not be tarnished. There have been arguments that this will affect foreign direct investment (FDI). That will not happen as can be seen from what happened after the President took this action. The exchange rate was K9.28 to US$1. Today, it is K9.08. This means that the value of the Kwacha is rising against the United States Dollar amidst the action taken by His Excellency the President.

 

Hon. Government Members: Hear, hear!

 

Mr Kopulande: This means that portfolio investors are still here. They are not taking their money out. This also means that more portfolio investments are coming in to sustain the stability of our exchange rate.

 

Hon. Government Members: Hear, hear!

 

Mr Kopulande: Madam Speaker, there will be no abuse of human rights. In addition to the assurance given by the President that life shall continue as normal, the hon. Minister of Home Affairs will give us further assurance. There may be worries that there will be diversion of resources from economic investment to security. Unfortunately, this is the downside of irresponsible actions. However, it is important that the investment in security is made because there is nothing greater than human life. After all, the economy is meant to serve the people and not the other way round. We should work on the economy so that we can improve the living standards of our people.

 

Madam Speaker, as I conclude, let me emphasise that we only have one country and we must protect it for our sake and that of posterity. We should unite across political, religious and tribal lines in order to defend our country against internal uprisings. Let us unit to curb the acts of internal terrorism that we are witnessing. It is my hope and prayer that the Government will put in place effective information dissemination mechanisms that will reach both the local and international communities in assuring them that Zambia has not changed from what it has always been. They should know that this action has been taken in order to safeguard the Zambian people, infrastructure and posterity. This will enable the Government to serve the people it was elected to serve.

 

Therefore, Madam Speaker, I beg to strongly support the action taken by President Lungu and the Motion so ably delivered by Her Honour the Vice-President.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Mr Jamba (Mwembezhi): Madam Speaker, I rise to debate this Motion with a sad heart. I am saddened by what happened at Lusaka City Market on that fateful day. I received many phone calls from my people in Mwembezhi because Lusaka City Market is their trading place. I could hear the crying in the background as I was being told about the fire at the market.

 

Madam Speaker, the declaration of a Threatened State of Public Emergency is constitutional. Therefore, I will not debate this. I do not want to debate whether or not the President was right by invoking Article 31 of the Constitution. However, I will quickly discuss a few issues.

 

Madam Speaker, let me address the hon. Ministers of Justice and Home Affairs because they are the ones who are in full support of the declaration.

 

Hon. Members: Hear, hear!

 

Mr Jamba: Madam Speaker, the issue at hand relates to people’s rights. In times when similar proclamations have been made, some people were unscrupulous. For instance, Late President Chiluba meant well when he declared Zambia a Christian Nation. However, have you seen how many false prophets have come into the country because of that declaration?

 

Hon. Members: Hear, hear!

 

Mr Jamba: Madam Speaker, similarly, the declaration of a Threatened State of Public Emergency by the President is good, but the devil is in the detail because you will see people being arrested for no apparent reason.

 

Hon. Member: Hear, hear!

 

Mr Jamba: Has the hon. Minister of Justice put in place a legal framework to avoid being accused of using the declaration to justify the arrest of opponents? Are there regulations in place to ensure that people are not arrested anyhow? For instance, some farmers leave Mwembezhi very early in the morning to sell farm produce at Lusaka City Market. They can be stopped on the way, searched or arrested and taken to unknown places. Is there enough protection against such behaviour? This is why I say that the devil is in the detail, hon. Minister of Justice.

 

Madam Speaker, during the time of the State of emergency, we saw people’s property forfeited to the State. Let me emphasise this point. There were instances where people would throw containers of petrol into their neighbour’s yard simply because they did not like them and report them to the police. Houses that people built out of their sweat were grabbed from them and surrendered to the State. Currently, people can make false accusations against others. So, what regulations have been put in place to forestall this, hon. Minister of Justice? This is a very serious matter. There are people who do not like others in their neighbourhoods. So, they will be saying, “nvelani chachitika pa neighbour apa ...

 

Hon. Members: In English?

 

Laughter

 

Mr Jamba: Those who dislike others will create stories against them so that their vehicles and houses are grabbed. Some people are actually happy and saying, “tilemela chino chaka.”

 

Madam First Deputy Speaker: Order!

 

The official language is English, hon. Member for Mwembezhi.

 

Mr Jamba: I thank you, Madam Speaker. I was saying that some people are excited and plan to grab vehicles and houses from others. I, therefore, wish to request the hon. Minister of Justice to ensure that there are regulations in place for everyone to live peacefully.

 

Madam Speaker, we should be assured of freedom of movement. His Excellency the President said that business will continue as usual.

 

Mr Sikazwe: I am here!

 

Mr Jamba: Madam Speaker, people start off from Mwembezhi around 0300 hours to sell their merchandise in Lusaka. When they travel at night, they risk having the vehicles they are travelling in impounded at roadblocks. This is why we should be assured of freedom of movement.

 

Madam Speaker, the hon. Minister of Home Affairs banned the mounting of roadblocks, but police officers still mount them. What assurance is there that they will obey his directive during this period? From Nampundwe to Lusaka, I still find three to four roadblocks after he declared that ....

 

Mr Jamba’s microphone went off.

 

Interruptions

 

Mr Mwale: Ndiye yamene tilesa sabotage, iyo.

 

Hon. Member: Take some water.

 

Laughter

 

Ms Subulwa gave Mr Jamba a bottle of water.

 

The microphone was turned on.

 

Mr Jamba: Madam Speaker, in conclusion, our freedom of movement from point A to point B should be guaranteed.

 

Mr Mwale: Freedom of Sikazwe!

 

Mr Sikazwe: You want freedom? I am here.

 

Mr Jamba: We do not want a situation where people are stopped anyhow. We do not want a situation where a bus is going to Lusaka or Chinsali, for instance,  and it is stopped and people are ordered out of the bus because tifuno kusechani. People are searched anyhow. We want people to move freely.

 

Let me come to the last point which relates to religion. Zambia is a Christian nation. Currently, the Seventh Day Adventist Church is conducting camp meetings across the country until the end of August. The church should be guaranteed that its gatherings are safe and people will go to worship their God freely.

 

Mr Ng’onga: Hear, hear!

 

Mr Jamba: If someone is denied entry into this country to worship, as was the case with Prophet Bushiri, the reasons for denying him entry should be given, hon. Minister of Home Affairs, so as to put things into perspective.

 

Madam Speaker, I support the Motion, but urge that the invocation of Article 31 of the Constitution is analysed properly for the sake of peace.

 

Madam Speaker, I thank you.

 

Hon. Members: Hear, hear!

 

Mr Mwewa (Mwansabombwe): Madam Speaker, I thank you for giving me the opportunity to debate in support of this important Motion which borders on the lives and livelihood of the people of Zambia.

 

I would like to thank Her Honour the Vice-President for the splendid manner in which she moved this Motion.

 

Mr Mwewa: From the outset, I would like to say that the people of Mwansabombwe support the President’s invocation of Article 31.

 

Mrs Fundanga: Hear, hear!

 

Mr Mwewa: ... which has, in turn, invoked Cap 112 of the Laws of Zambia. We should appreciate that this was done in order to preserve public security. How are we going to preserve public security? We already know that there are State security wings that take care of law and order. However, there have been frequent incidents of criminal activities being carried out. The hon. Minister of Local Government talked about this in his ministerial statement earlier today.  His Excellency the President also referred to this in his Speech of Invocation of Article 31. He listed several criminal activities that have taken place in Zambia in the recent past. This means that the power given to the security wings is not enough to combat criminal activities in the country. So, it is important that the State security wings are given more power to combat criminal activities. It is as simple as the mathematical equation: 2 by x is equal to 4, what is x?

 

Laughter

 

Mr Mwewa: Off course, it should be 2 by 2 to make 4.

 

Laughter

 

Mr Mwewa: So, if the State security wings are not powerful enough to combat crime, we should give them more powers. There is no malice or ill intention in doing that.

 

Madam Speaker, some people have accused the President of abusing his powers.

 

Mr Sampa: Others have literally insulted him.

 

Mr Mwewa: The issues under debate are not fictitious.

 

Mr Mwamba: They are real!

 

Mr Mwewa: My younger brother got a loan and pumped all the money into his business at Lusaka City Market. He came home yesterday to ask for money to buy bread and milk for his children. He told me that, “Ba mudala, I had no food yesterday to give my children because the shop was gutted.”

 

Ms Kapata: Shame!

 

Mr Mwewa: Today, many breadwinners in Zambia are going through a lot of suffering and cannot afford to feed their families or take their children to school like they used to before Lusaka City Market was gutted. The shop owners go back home empty handed after hours to face their hungry children.

 

His Excellency the President invoked Article 31 in order to protect us, the Zambians. You may wish to know, Madam Speaker, that I have received several phone calls all the way from Mwansabombwe, Mununshi, Salanga, Katotoma, Lufubu, Pembe, Kayo, Chipita, Kabalenge, Kazembe, …

 

Mr Ngulube: Congo!

 

Mr Mwewa: … asking me, “Ba Member of Parliament (MP), is our President a dictator?” I also asked them why they were asking that question. Their response was that they had heard people say that President Edgar Chagwa Lungu was a dictator. Is this his father’s country?

 

Ms Kapata: Yes!

 

Mr Mwewa: I would like to make it easier for the people of Mwansabombwe to understand what a dictator is. A dictator is someone who takes up the governance of the nation by force, uses force to rule; has total control of the country; and operates outside the supreme law of the land, which is the Constitution. We have seen some academicians and scholars; the educated or learned, confusing people by calling a dictator someone who was duly elected. I wish to remind the people of Mwansabombwe that they voted for Mr Edgar Chagwa Lungu as Republican President; …

 

Mr Chilangwa: Bwekeshapo!

 

Mr Mwewa: ... they voted for their Member of Parliament; and they voted for the Council Chairperson and Councillors.

 

Hon. Members: Hear, hear!

 

Mr Mwewa: That process of electing all the people into office is called democracy, not dictatorship

 

Hon. Members: Hear, hear!

 

Mr Mwewa: There is a difference between dictatorship and democracy. Some people want to take over the running of this nation using a back door and confusing the people. People who were privileged to sit at a school desk want to confuse those who have never sat at a school desk by calling President Edgar Chagwa Lungu a dictator. I debate in support of this Motion today because His Excellency the President followed the Constitution by asking the National Assembly to approve or disapprove his invocation of Article 31. It is up to the House to approve or not. No one is being pushed into supporting the Motion. We are merely following the Constitution. Which dictator allows people to freely make decisions through their elected representatives? I wish to assure people who want to confuse the general citizenry and make a name by telling the international community that this country is ungovernable, that they are in for a rude shock. When they got no reaction from the international community about Zambia being ungovernable, they have now resorted to creating confusion in the country through the sporadic fires we have witnessed lately. This is all in a bid to convince the international community that Zambia is ungovernable. We should not worry about our image out there. Zambia is a State on its own.

 

Mr Musukwa: A sovereign State!

 

Mr Mwewa: It is a sovereign State that is governed in accordance with the Constitution.

 

Hon. Members: Hear, hear!

 

Mr Mwewa: The duly elected President of Zambia, Mr Edgar Chagwa Lungu, …

 

Ms Fundanga: Hear, hear!

 

Mr Mwewa: ... listened to the people when the Constitution was being amended. He never influenced the Constitution-making process and we now have an amended Constitution. If the President was a dictator, was the Constitution-making process going to be allowed? The answer is no. Why are we misleading people? Once more, I would like to take this opportunity to address the hon. Ministers of Home Affairs, Defence and, indeed, my ‘mum’.

 

Mr Sampa: Who is your mum?

 

Mr Mwewa: Her Honour the Vice-President.

 

Hon. Members: Hear, hear!

 

Mr Mwewa: Now that we have given the State security wings more powers, it is important that they are cautioned against taking the law in their hands. Let them not abuse their powers so that no Zambian is inconvenienced or abused. What we are doing is within the law and should be supported. The State security wings should operate within the law because tomorrow, Hon. Kampyongo, we may come back here and move a Motion to stop this.

 

Laughter

 

Mr Mwewa: As parliamentarians, we have the powers to reverse our decisions. So, I wish to urge the State security wings to be cautious. The invocation of Article 31 of the Constitution is in regard to giving more powers to the State security wings, period.

 

Madam, I also wish to urge the people of Mwansabombwe to be patriotic enough to report any suspicious looking person to the Zambia Police Service so that the perpetrators of criminal activities are brought to book. If, we, the Zambians, take it upon ourselves to do this, we shall be helping the State security wings to bring the perpetrators of crime to book.

 

Finally, Madam Speaker, all the people who have criticised President Edgar Chagwa Lungu and the Patriotic Front (PF) Government should be the first to be followed after we pass this Motion.

 

Hon. PF Members: Question!

 

Mr Mwewa: If they are genuine …

 

Madam First Deputy Speaker: Order!

 

I am very sure that the Zambia Police Service will be professional enough to do their work accordingly. The hon. Member debating should avoid directing the police where to go. I believe they are professional enough to do their work in accordance with the law.

 

You may continue.

 

Mr Mwewa: I thank you, Madam Speaker, for that guidance.

 

Madam Speaker, I appreciate the people support the people of Mwansabombwe have given me and His Excellency the President and wish to urge them to continue with their support.

 

Madam Speaker, I beg to support the Motion.

 

Hon. PF Members: Hear, hear!

 

Mr Ngulube (Kabwe Central): Madam Speaker, allow me to support the Motion moved by Her Honour the Vice-President. Firstly, I wish to commend His Excellency the President of the Republic of Zambia for demonstrating that he has a legal mind and is ready to follow the Constitution.

 

Madam Speaker, my voice is not okay today. I suspect some foul play where I sit.

 

Hon. PF Members: Ah!

 

Interruptions

 

Mr Ngulube: Madam Speaker, in his Address to the nation on 5th July, 2017, His Excellency the President stated that we cannot allow the current situation to continue. I wish to make it clear to my brothers and sisters in Kasama that it is not President Lungu who enacted Article 31 of the Constitution.

 

Ms Kapata: Hear, hear!

 

Mr Ngulube: Some people have accused the President of abusing the Constitution. To the contrary, Article 31 was left by our colonial masters in 1964. Article 31 was carried over when the Zambians passed a new Constitution in 1973 and Zambia became a One Party State. In 1991, the people of Zambia amended the Constitution and, again, Article 31 was carried over. When our Constitution was amended last year, it was carried over again.

 

Madam Speaker, you may recall that the people of Zambia actually denounced and rejected the Referendum and did not want us to amend the Bill of Rights. Article 31 is part of the Bill of Rights. So, we should not point fingers at the President, but the people of Zambia. Allow me to compare what is happening in Zambia vis-à-vis the international community. In Europe, there are soldiers manning airports, hotels, tea rooms and at automated teller machines (ATMs). Whoever does not look like one of them becomes the centre of attraction because their laws are getting stiffer. So, if the people who enacted our Constitution in 1964 have moved a step ahead of us, why should we wait until all the markets are burnt to ashes for us to correct the situation?

 

Madam Speaker, allow me to be specific. The United Kingdom (UK) passed the Terrorism Act in 2000. They defined the word terrorism for the first time and provided an extended list of prescribed terrorist groups. So, at the moment in the UK, certain groups have been identified as terrorist groups. Similarly, the people who are burning markets and damaging Zambia Electricity Supply Corporation (ZESCO) pylons are terrorists and not arsonists. As parliamentarians, we shall not remain blind to their activities.

 

Madam Speaker, in 2000, the British Parliament increased the period of detention from twenty-four hours to seven days. Therefore, it became clear that whoever was arrested without charge would be kept for up to seven days. After the September 11 attacks, the British Government, our colonial masters, enacted the Anti-Terrorism Crime and Security Act in September, 2001 which contained the measures that were actually rejected in the 2000`Act. In 2000, the Britons thought that the Act would actually restrict their movement. However, in 2001, the British Parliament enacted the rejected laws and the soldiers or Defence Forces were allowed to operate outside the barracks. That is why in some of the European countries, soldiers do not operate in the barracks, but are always on the lookout for terrorists.

 

Hon. PF Members: Hear, hear!

 

Mr Ngulube: Madam Speaker, the 2001 Act also enabled the indefinite detention of suspected terrorists. If you are caught loitering under ‘ZESCO’ pylons in the UK, you will not be called an arsonist.

 

Laughter

 

Hon. PF Members: Hear, hear!

 

Mr Ngulube: The law …

 

Madam First Deputy Speaker: Hon. Member, …

 

Mr Ngulube: Yes, there is ZESCO in the UK, Madam Speaker. If you are found loitering in certain premises, you will be detained indefinitely. These are advanced economies and juristic areas.

 

Madam Speaker, that was on a light moment. In 2003, the British Parliament passed the Criminal Justice Act and doubled the period of detention from seven to fourteen days. This goes to show that they had now seen the gravity of the problem. In 2005, the British Government, again, increased the period of detention. There were arguments for and against human rights and some argued that terrorists should not be treated like normal suspects. Similarly, the people who are damaging ZESCO pylons, burning markets, Government departments and hospitals are not suspects, but terrorists. After fifty hours of debate, the British Parliament passed an Act that actually increased the period of detention to twenty-eight days.

 

Ms Katuta: Hear, hear!

 

Mr Ngulube: Madam Speaker, I am giving examples of advanced democracies. The Bill of Rights was enacted in 1964, yet we think that President Lungu wants to make our lives difficult.

 

Madam Speaker, following the London bombings on 7th July, 2005, the British Parliament passed the Terrorism Act in 2006 which proposed to increase the period of detention without charge to ninety days. This was voted against and the period was reduced to twenty-eight days. These are examples of advanced democracies.

 

Further, in 2006, the British Parliament passed the Terrorism United Nations (UN) Measures Order, 2006, which proposed the freezing of assets of terror suspects. For instance, if Hon. Tutwa Ngulube is a terror suspect, his assets and bank accounts should be frozen and his movements restricted. This is what happens in the UK. However, here in Zambia, we call our President a dictator for taking measures to forestall acts of terrorism.

 

Ms Siliya: Hear, hear!

 

Mr Ngulube: Furthermore, in 2008, the British Parliament passed the Counter-Terrorism Act, 2008, which allowed the police to question terror suspects after they have been charged. The Act made it clear that when a person is a terror suspect, he/she should notify police of his/her every movement. A person cannot just wake up and go to another town. He/she should inform the police that he/she is leaving Kabwe and going to Lusaka, for instance, …

 

Laughter

 

Mr Ngulube: … so that he/she is escorted. I am talking about an advanced democracy here.

 

Mr Chibanda: Ema lawyers, aya!

 

Mr Ngulube: Madam Speaker, in 2013 and 2015, the British Parliament further passed the Justice and Security Act.

 

By giving these examples, I wish to make it clear that what is happening in Zambia today is happening the world over. I further wish to refer to the super power, the United States of America (USA). The Americans have a high security prison where convicted terrorist are held, Guantanamo Bay.

 

Ms Siliya: Tell us!

 

Mr Ngulube: Terror convicts at Guantanamo Bay have no rights. They remain locked up until death.

 

Ms Siliya: Hear, hear!

 

Mr Ngulube: We should begin to strengthen our legislation. We should take this issue seriously.

 

Hon. Government Members: Hear, hear!

 

Mr Ngulube: Let us not call them arsonists or cadres. All the occurrences that the hon. Minister of Local Government has highlighted in his ministerial statement are acts of terrorism. 

 

Ms Siliya: Yes!

 

Mr Ngulube: Madam Speaker, in the UK, people are sent to jail for life for praising an act of terrorism. 

 

Hon. Government Members: Hear, hear!

 

Mr Ngulube: There are Zambians in the Diaspora who insult our President on Facebook and commend those who burnt Lusaka City Market, and urge them to continue with their acts.

 

Ms Siliya: Shame!

 

Mr Ngulube: That is glorifying terrorism. In countries like the UK, they can be locked up indefinitely.

 

Hon. Minister of Justice, we want our laws to begin to ‘run’. First and foremost, there is no charge for terrorism in the Penal Code, Cap 87 of the Laws of Zambia. Let us, therefore, update our Criminal Procedure Code (CPC), Cap 88 and the Penal Code, Cap 87 of the Laws of Zambia. Let us bring them in tandem with what is happening in the world.

 

Madam Speaker, as I conclude, allow me to state that the people of Zambia are sick and tired of people glorying terror and people saying that this country is on fire because one individual has been arrested. There are people who take to Facebook and Twitter to post false news. I remember reading a post some time back that stated that the President had died. Do we want all these people to be free to instill fear in other, glorify terrorism and insult our nation and its sovereignty on Facebook? Is this what we want? 

 

Hon. Government Members: No!

 

Mr Ngulube: Madam Speaker, the people of Kabwe Central have spoken. Kabwe Central should move with the rest of the world in ensuring that the people damaging property are brought to book. Those who bear grudges should form political parties and go for elections.

 

Hon. Government Members: Hear, hear!

 

Mr Ngulube: They should not destroy property in the dark while others are asleep.

 

Madam Speaker, with these few remarks, allow me to commend His Excellency the President, again, for gazetting the declaration of a State of Threatened Public Emergency.

 

One of my colleagues said that people would be scared to move about. Article 31 is very clear. This declaration is well-intended and this House has the power to extend the period of the proclamation.

 

My Lady …

 

Laughter

 

Mr Ngulube: I beg your pardon, I am not in court.

 

Madam Speaker, this House is cognisant of the fact that whatever is contained in that proclamation does not apply to innocent civilians who have nothing to do with the crimes that are being perpetrated. I know that if any person is arrested wrongly, he/she will have recourse in our courts. So, for those who are scared that their freedom of movement will be restricted, this is not the object of Article 31. The Bill of Rights still remains in force. All we are simply saying is that our laws should be stiffened in order to catch up with acts of terror that are happening.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda (Bwana Mkubwa): Madam Speaker, I thank you for this opportunity to contribute to the debate on this very important Motion. On behalf of the great people of Bwana Mkubwa Constituency, I wish to support the measures His Excellency the President has taken to safeguard the security of this country.

 

Madam Speaker, on 4th July, 2017, we were all shocked by the gruesome images of Lusaka City Market burning. It was horrific, to say the least. We saw the traders, who are breadwinners, watch helplessly as the 1,900 stalls burnt in an instant. The traders are also fathers, mothers, orphans, brothers and sisters.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: They have lost a source of livelihood. They have lost all their life-savings. The only crime that they committed was to work hard. They did not offend anyone or deserve this misfortune.

 

During the official opening of City Market, the Late President Chiluba said:

 

 “It is with a great sense of pride that I open this great and modern market.”

 

Madam Speaker, it is painful to see this great and modern market reduced to ashes by domestic terrorists.

 

Some people in this country have alleged that President Lungu is a dictator and have misinformed the international media that Zambia is in a state of emergency. The paragon of morality is very loud when one prominent individual is touched. However, when 1,900 traders are affected, it is conspicuously quiet.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: They just go quiet.

 

I have not heard any apostle, reverend or priest talk about the affected families. They have disappeared. It is almost like the affected people do not matter. What happened at Lusaka City Market has not started today. In a mental hospital, we always say that there is a method to the madness. There is a formulae.

 

Laughter

 

Dr Chanda: There is a method to the situation that we are in today.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: The situation the country is faced with is actually threatening its existence.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: It is a matter of national security. Like His Excellency the President said a few days ago, these are premeditated acts by some criminals trying to get attention. They are well-planned and schemed terrorist attacks meant to ground the country to a halt.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: Madam Speaker, apart from the infernal at Lusaka City Market, there have been many other fires this year. Like the hon. Minister of Local Government said in his ministerial statement, there have been serious incidences of destruction targeted at strategic key public installations.

 

Madam Speaker, Lusaka has borne the brunt of the burnings. Luburma, Tambalala and Misisi markets were also gutted. The Intercity Bus Terminus almost went up in flames. I cannot imagine how many millions of Kwacha worth of property would have been lost had it burnt down. We do not know the value of the property that was lost at Lusaka City Market. So, we do not have to wait for more markets and stations to be burnt in order to act.

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

Dr Chanda: Madam Speaker, when business was suspended, I was saying that there is a method to the madness with regard to what has happened to Lusaka City Market. It could have been triggered by an event because I do not think that it happened from the blues.

 

Madam, we should understand the genesis of some incidents. Also, if we do not diagnose a problem, it will is difficult to solve it. Before the last General Elections, some people said that there would be Armageddon if the results would not be in their favour. To those who read the Bible, Armageddon simply means a fully-fledged battle. That is a mother of all battles.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: Madam, Speaker, what we are seeing in Zambia today is unusual and it has its roots in the threats that were made last year. This has been happening across the country and the suspects are targeting public strategic institutions. For instance, following the sabotage of Zambia Electricity Supply Corporation (ZESCO) pylons in Ndola, there was no electricity in most parts of the city, including the industrial area. Consequently, more than half of the population of Ndola was affected by the power outage. This also affected the economy of the country. The local courts in Kabwe and Mongu were also burnt down.  The people who are doing this have a rational, well planned and clear objective.

 

 Madam, Speaker, there has been a clear pattern of events in the past eight or nine months. One does not need to be ingenious to diagnose what is happening in Zambia because the pattern is clear. Firstly, only strategic public institutions have been targeted. Secondly, regardless of whether the source of the fires was petrol, matches or charcoal, the bottom line is fire has been the weapon of destruction. Thirdly, all the terrorist attacks have been happening under the cover of darkness when security is at its minimal. Fourthly, since the attacks are all local, they must have been carried out by Zambians, not international terrorists. So, with …

 

Madam First Deputy Speaker: Order!

 

 Hon. Member for Bwana Mkubwa, we are not sure about that, and we have no evidence to that effect. Please, withdraw that statement.

 

Dr Chanda: Madam Speaker, I would like to withdraw that statement. I was trying to drive a point that there is no evidence that Zambia is under international terrorist attack. Therefore, it is easy to see that the clear objective of the people behind the destruction is to cause sabotage the country economically.

 

Madam, like His Excellency the President said, their aim is to draw the country backwards in terms of socio-economic development. Economic sabotage is a treasonous offence because someone is trying to ‘kill’ the country. Further, the suspects are trying to make the country ungovernable, by creating lawlessness. Thirdly, they are also trying to instill terror in the Zambian people.

 

Madam, the traders at Chisokone Market are worried that they might be the next victims. Traders at Ndola Main Market, Mushili and other markets equally worried. We cannot allow that to continue.

 

Madam, I wish to conclude by saying that the first duty of any Government on earth is to provide security to its citizens. That is the only reason governments exist. If the Government fails to provide security to its citizens, then, it should not exist. The third President for the United States of America, Mr Thomas Jefferson, said that the first duty of any Government is to provide citizens, their lives and their property. That is all. Therefore, invocation of Article 31 of the Constitution by His Excellency the President is very much in order and is within the Constitution, as it is aimed at protecting Zambian citizens like the 1,900 traders who lost a source of livelihood in the inferno at Lusaka City Market.

 

Hon. Government Members: Hear, hear!

 

 Dr Chanda: Madam, the President decision is also aimed at protecting the thousands of citizens in Ndola who were inconvenienced by the power outage following the terrorist attacks. It is also aimed at protecting every Zambian citizen, including the hon. Members of Parliament have been boycotting the sittings of this House.

 

Madam Speaker, like the earlier speakers have said, issues of security are not unique to Zambia. This is what happens in any ‘normal’ country whose security is threatened by events of this nature. A few weeks ago, the British Prime Minister, Mrs Theresa May, said that the levels of security threat in the United Kingdom (UK) were no longer severe but critical. Currently, the security situation in the UK is actually critical. This simply means that any terrorist attack is imminent. This has placed the UK in an awkward position in as far as the security of the nation is concerned. The French Parliament extended the state of emergency for the fifth time in order to enhance the security measures in the country, yet the country was having elections.

 

Madam, President Recep Tayyip Erdoğan of Turkey has also imposed a state of emergency for the past two years. So, any ‘normal’ country will take action in order to preserve the security of its people. Otherwise, there would be no need for a government if we allowed a free-for-all kind of situation.

 

In conclusion, Madam, I wish to assure all the Zambians that with the measures the President has taken, their lives, livelihoods and property are safe. There is a need for investor confidence in this country because no investor wants to conduct business in an insecure environment due to lawlessness. So, I also wish to assure the investors that Zambia is a peaceful country and that it is right for business

 

Madam, I wish to inform whoever is behind the acts of terrorism that they are on the wrong side of history. Whoever they are and wherever they are the message is loud and clear …

 

Mrs Simukoko: Hear, hear!

 

Dr Chanda: … that they will be found, defeated and will be confined to the dustbin of history.

 

Hon. Government Members: Hear, hear!

 

Dr Chanda: Madam Speaker, this country will endure beyond these acts of terrorism.

 

Madam, with these few remarks, I wish to support the Motion.

 

I thank you, Madam.

 

 Hon. Government Members: Hear, hear! Ema doctors, aya!

 

Mr Kabanda (Serenje): Madam Speaker, I would like to thank you for allowing me to debate on this emotive and important Motion moved by Her Honour the Vice-President in support of the invocation of Article 31 of the Constitution of Zambia. This Article should not be looked at in isolation, but should be read with Cap 112 of the Laws of Zambia.

 

Madam, allow me to quote Section 2 of the interpretation, which reads:   

 

“In this Act, the expression "public security" includes the securing of the safety of persons and property; the maintenance of supplies and services essential to the life of the community, the prevention and suppression of violence, intimidation, disorder and crime; the prevention and suppression of mutiny, rebellion and concerted defiance of, and disobedience to, the law and lawful authority; and the maintenance of the administration of justice.”

 

Madam Speaker, this particular provision is very clear regarding the invocation of Article 31 by His Excellency the President, Mr Edgar Chagwa Lungu. By invoking Article 31, the President intends to protect the lives and property of citizens in this country. At this point, I wish to express my sympathy for the victims of the fire, that brought down Lusaka City Market, and their families. The Minister of Local Government, Hon. Mwale, has categorised the events that led to this situation.

 

Mr Mwale: Ema Town Clerk, aya!

 

Mr Kabanda: Madam Speaker, the situation we are in is not as a result of an isolated incident. It has a history because a lot of things have happened in the recent past. The hon. Minister did not mention the Serenje/Pensulo Power Sub-station, which was also damaged in a similar manner.

 

Mr Mwale: Mu nikululukile!

 

Laughter

 

Mr Kabanda: Madam Speaker, what is important is for us to console the people who are affected by this wanton destruction of property. We should actually place them in the hands of God because some of them may be disheartened and end up breaking down. Others may pick up themselves and continue with their businesses. However, there are few who may be strong enough to sustain themselves.

 

Madam Speaker, a lot has been spoken regarding the need to safeguard lives, property and investments in this country. There is no way an investor is going to invest in a country which is threatened with violence. We can only attract more investment if we safeguard the investment that is already in this country. Who says that investors will run way if we start protecting their investment? That is irrational thinking. Only a person with no brains can run away when their investment is being protected. If someone tells you that they are going to protect your life and property, why should you run away? What are you running away from?

Laughter

 

Mr Kabanda: I think that even the people who are posting negative information regarding this country online should be educated about the need to safeguard the property and lives of the people in Zambia, including non-Zambians who have come to invest in this country. We mean well and do not intend to disrupt the peace of this country.

 

Madam Speaker, I shall not dwell much on what has been said by my colleagues. However, I issues pertaining to public safety should be dealt with with dispatch, given the catalogue of events which have taken place in the recent past. Therefore, I support the Motion in totality.

 

Madam Speaker, I thank you.

 

Hon. Members: Hear, hear! Ema lawyer, aya!

 

Mr Munkonge (Lukashya): Madam Speaker, I am in support of the Motion regarding the declaration of a Threatened State of Public Emergency …

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Members! Order!

 

Mr Munkonge: Thank you, Madam Speaker. I would like to commend His Excellency the President for making that declaration. The easier option would have been to do nothing about the prevailing situation. Oftentimes, when you do nothing about situations, you leave a lot to chance. We cannot have that from the President. He should make decisions which need not necessarily benefit everyone, but the majority.

 

Madam Speaker, those who have nothing to hide or fear because they are law abiding citizens, have nothing to fear. I think that is the basic issue. I reiterate that law-abiding citizens should have nothing to fear.

 

However, that does not in any way reduce the fear in the Zambian people. Of course, one of the two main fears is the possible misinterpretation of this Motion by the people who are supposed to implement it. However, they are also human beings. Often, we have had situations whereby law enforcement agencies are challenged when performing their duties. When they react to such challenges, they are then reported to be excessive. In places like the United States of America (USA), a person who challenges a police officer can even get shot. The police in the USA do not hesitate to react to someone who takes them on. If you are black, they just assume you are on some form of drug and shoot you. That is what is happening out there in the ‘real’ world.

 

Ms Siliya: If you are white?

 

Mr Munkonge: If you are white, they just arrest you and you can discuss at the police station.

 

Laughter

 

Mr Munkonge: Madam Speaker, I suppose the other fear I would have is that of not wanting this situation to look like we are targeting specific groups. Having said that, I think we have to be honest regarding the fact that we have one major political adversary to the Patriotic Front (PF), which is the United Party for National Development (UPND). Therefore, after this Motion is passed and the police embark on carrying out their duties, this whole thing should not be misinterpreted in the media, especially to the international community. I know some people would like to gain political mileage from such a situation. I think we have to take such issues into consideration, especially when you look at the wide scope of players in our political landscape. Some might just be in the game to destabilise Zambia. Therefore, we have to ensure that we cater for everybody.

 

Madam Speaker, there is a possibility of some investors wanting to negotiate higher interest rates against our Government because they assume that it is not safe to invest in Zambia.

 

Therefore, I would ask the hon. Minister of Home Affairs not to limit the scope of investigation within the country. Looking at the happenings on the internet, it is possible that there is a concerted effort to destabilise the country. It is interesting that some news agencies with great reputations do not carry out basic verification when it comes to reporting certain things about Zambia. How can a global news agency just interview students at a university and base their reporting on that without taking into account the views of other citizens? Such things are unlikely to happen in America or Europe.

 

Madam Speaker, another issue I wish to comment on is that of investment. We have heard of some developed countries that are in a state of emergency, yet their stock markets are thriving. Why, then, is it that when it comes to Zambia being in the same state, there are issues of investor confidence and so on and so forth? There are countries where there have been confirmed cases of public bombings and shootings, but no one has warned us, the Zambians, against visiting those countries because we risk being killed. In Zambia, there has been no loss of life emanating from terrorist attacks, yet people are being warned against coming to Zambia. I do not know what the hon. Minister of Foreign Affairs can do about that.

 

Madam Speaker, we have been subjected to a lot of double standards, especially in regard to reports about this country. I am yet to hear a representative of Zambia comment on activities in countries in the Western world, the same way that representatives of other countries sent to Zambia comment with a lot of ease about this country. It is embarrassing that they do not even bother to get their facts right. They report back to their countries that this country is unstable. Is there a benefit to them acting in such a manner? If there is, could that be a contribution they are making to make sure that a certain status quo is maintained?  

 

Madam Speaker, there is also an argument of democracy versus peace. Whenever democracy is threatened, the situation should always be resolved by reducing the rights of citizens. Therefore, why is it a big issue to do that here? I think we need to understand that if the State security wings are not empowered to act quickly, the problem will not be solved easily. We are not dealing with ordinary street criminals here, but some sophisticated individuals. I come from the province Hon. Kabanda referred to. We were plunged in darkness for almost three or four weeks. As a result of a single act of terrorism, as it is being rightly called, there was no power in three provinces. That goes to show that we are dealing with is highly enlightened individuals. Therefore, they cannot be taken lightly. That is why this Motion is important. Do we really need to wait for a loss of life before we can react? His Excellency the President is in a no-win situation. If he does nothing about the acts of terrorism and lives are lost, he will be accused of having done nothing. Therefore, I think it is better for him to be accused of having tried to do something.

 

Hon. Government Members: Hear, hear!

 

Mr Munkonge: Personally, I think that is better.

 

Madam Speaker, I think this issue has been exhausted. I just wish to emphasise that we should vote for this Motion. Those who are scared of the invocation of Article 31 should explain why they are scared. Otherwise, there should be no fear. People should go about their business. Even their opinions are protected by the Constitution. So, they should go ahead and express them. However, if you are going to say something that can be construed as inciting, you will be held accountable for …

 

Hon. Government Members: Hear, hear!

 

Munkonge: ... whatever you say or do. This does not just apply to the Opposition. It applies to everyone. We should all be answerable for our actions and words. If they land you in the hands of the police or in court, that is what ought to happen to a person who is not responsible about their comments.

 

Madam Speaker, I support this Motion.

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

Mr Kalobo (Wusakile): Madam Speaker, on behalf of the people of Wusakile, thank you for giving me the opportunity to speak on this very important Motion, ably moved by Her Honour the Vice-President.

 

Madam Speaker, to avoid monotony, I will curtail some of the issues I wanted to raise. 

 

Madam Speaker, barely four months since His Excellency the President of the Republic of Zambia, Mr Edgar Chagwa Lungu, addressed this august House with a call to the nation to uphold patriotism and national unity as some of our values, we seem to be drifting away from being patriotic to Mother Zambia; a haven of peace in Africa. It is quite saddening that we should be experiencing this kind of violence barely one year after the Presidential Election. This calls for deeper soul-searching.

 

Madam Speaker, when the country experienced a spate of ritual murders, the Government put measures in place like calling on the military to work with the Zambia Police service. In no time, the country stabilised. The evocation of Article 31 was a necessary measure and should be supported by every well-meaning Zambian. The markets that are being burnt employ thousands of people in the informal sector. When you destroy electricity infrastructure, you take Zambia many steps backwards from industrialisation and creation of a Smart Zambia. By killing each other, we are destroying the human resource that is needed to build a Smart Zambia. This is the time we should be seen to be pulling together in order to protect the common good to ensure social justice for all. Infrastructure such as courts, schools, markets and bridges are a public good. National peace is a common good.

 

Madam Speaker, His Excellency the President of the Republic of Zambia, Mr Edgar Chagwa Lungu, should be supported for invoking Article 31 of the Constitution because he means well. However, the people of Zambia want assurance that the Zambia Police Service will not abuse the extra powers they have been given; they want assurance that they will not be arrested based on tribe, political affiliation, colour or religion; they want assurance that the media and civil society organisations will operate freely; they want to be assured that they will continue enjoying their freedom of speech, movement and association; and they also want to be assured that their sovereignty will be protected and that investor confidence will not be eroded. It is said, “apakomaila inondo ninshi pali ubulema.”

 

Hon. Government Members: Meaning?

 

Mr Kalobo: Where there is emphasis, it means there is a problem.

 

Hon. Government Members: Hear, hear!

 

Mr Kalobo: Madam Speaker, the issues I have just outline are the cause of apprehension amongst the Zambians. That is what is instilling fear in people.

 

Madam Speaker, I do not want to waste the people’s time. Therefore, I will end my debate here

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

Dr Malama (Kanchibiya): Madam Speaker, it should be known that terrorism in Zambia, whether ‘homegrown’ or from outside, will not be tolerated.

 

Hon. Government Members: Hear, hear!

 

Dr Malama: Madam Speaker, terrorism will be fought in our land and we will join other nations in fighting it in their lands. We expect the international community to help us fight terrorism with the vigour and resolve is expected. We know that terrorism can either be politically, religiously or ideologically motivated. However, when a politician is involved in or wants to advance his/her political agenda using terrorism, he/she ceases to be a political actor.

 

Mrs Mwanakatwe: Kokolapo!

 

Dr Malama: He/she becomes a terrorist.

 

Hon. Government Members: Hear, hear!

 

Dr Malama: What we are fighting today is terrorism. How else can you explain what happened in Kafue? Whether it was on purpose or not, the vital Zambia Electricity Supply Corporation (ZESCO) installations, which transmit power to our homes and industries, were cut. How can you explain that on 4th of July, 2017, whilst the traders were preparing to go and sell their merchandise at Lusaka City market, they saw flames of fire? The hopes of many traders were shuttered. As they saw our national leaders go to the scene of the inferno one at a time, they broke down in deep frustration. I expected some people to be here to share in the grief of the traders.

 

Mrs Simukoko: Hear, hear!

 

Dr Malama: It is a pity that they could walk away from such an important discussion.

 

Hon. Government Members: Shame! Terrorists!

 

Dr Malama: Madam Speaker, how are we expected to treat with kid gloves such heartless people who are intent on destroying our democratic values, the rule of law, human rights and our good governance in which our socio-economic development is entrench? How can that be explained?

 

Madam, we need to fight terrorism with all our arsenals, regardless of whether it is local or foreign.

 

Mrs Simukoko: Hear, hear!

 

Dr Malama: Madam Speaker, I wish to call upon the hon. Minister of Foreign Affairs to engage all countries in the Southern Africa Development Community (SADC) Region, the African Union (AU) and other countries in the world and explain what is happening in Zambia. His Excellency the President has not declared a State of Emergency. We get concerned to hear people going at various platforms, talking about the State of Emergency. The hon. Minister of Foreign Affairs should also engage the hon. Minister of Information and Broadcasting, to …

 

Mr Kalaba: I did that yesterday!

 

Dr Malama: I am glad he did that yesterday.

 

Hon. Government Members: Hear, hear!

 

Dr Malama: He said that apakomaila nondo

 

Mr Kalaba:epali ubulema!

 

Laughter

 

Hon. Member: Meaning?

 

Dr Malama: That was explained.

 

Laughter

 

Dr Malama: I wish to implore the Executive, through the hon. Minister of Foreign Affairs, to tell the International Community, in ‘underlined bold, capital letters or …

 

Laughter

 

Dr Malama: … thick ink’ …

 

Laughter

 

Dr Malama: … that there is no state of emergency in this country. Like any other country that is experiencing such attacks, we are improving our response to any acts of terrorism so as to protect our women, men, children and grandchildren.

 

How can one explain the destruction of the office of the District Education Board Secretary (DEBS) in Kafue where materials and resources to teach our children are prepared? Madam Speaker, we know that their intention is to instill fear in people. They know that when they attack the DEB’S Office, all the headteachers will get to know about. When the headteachers get to know about it, the teachers will also get to know about it and so will the pupils and their However, they should realise that Zambia does not operate on fear at all. They will be faced with a strength far above theirs because of their actions.

 

I wish to urge the hon. Minister of Foreign Affairs to ensure that the extra powers that have been given to the law enforcement agencies are used purely against the terrorists.

 

Mrs Simukoko: The Hon. Minister of Home Affairs!

 

Dr Malama: Indeed, the hon. Minister of Home Affairs.

 

Hon. Members: Hear, hear!

 

Dr Malama: Let it be used purely against the terrorists and those who are sponsoring their activities whilst hiding in the comfort of their homes, with tummies as big as mine …

 

Laughter

 

Dr Malama: … or smaller than mine.

 

Hon. Government Members: Hear, hear!

 

Dr Malama: They spend their resources sponsoring terrorist activities which destroy our way of life. We shall not tolerate that.

 

Hon. Government Members: Hear, hear!

 

Dr Malama: Madam Speaker, I wish to call upon the law enforcement agencies, particularly police officers, intelligence officers and all the men and women in uniform, that they should revert to the Eleventh Century principles of policing.

 

In the Eleventh Century, the Saxons, where we borrowed the concept of community policing from, used the beat system. They walked in the night, with rain dropping under their collars, in order to protect their communities. The communities were responsible enough to report people who carried out criminal acts in their communities. This is called community policing.

 

In 1994, the Zambia Police moved away from being a force to community policing. Most if not all officers understand that the extra powers they have been given should not be abused. Should it be abused it, the Police Public Complaints Commission, which was established under Article 18 of the Constitution of Zambia, 2016 (Amendment) Bill, will look into the abuses.

 

Mr Mukosa: Ema IG, aya!

 

Dr Malama: I wish to implore the hon. Minister of Home Affairs to assure the people through the officers of the district commissioners (DCs), mayors, councils and chiefs that this institution does exist. In the three months of the Threatened State of Emergency, any officer who abuses this authority in order to settle scores, will face the consequences. The extra powers are for a specific reason, that is, to fight terrorism.

 

Madam Speaker, with these few remarks, I would like to thank you and I support the Motion.

 

Hon. Government Members: Hear, hear!

 

The hon. Minister for Eastern Province (Mr M. Zulu): Madam Speaker, I thank you for giving me the opportunity to debate the Motion on the Floor of the House. I wish to provide the context in which I support the Motion.

 

(a)        on 23rd August, 2016, Tambalala Market in Bauleni, Lusaka,  was set ablaze;

 

(b)        in November, 2016, the pylons leading to the Pensulo Sub-station were destroyed;

 

(c)        in early 2017, Mongu Local Court was set on fire;

 

(d)        in the first week of April, 2017, Luburma Market in Lusaka was set on fire;

 

(e)        on 21st April, 2017, there was an attempt to set a bus ablaze at the Intercity Bus Terminus, but the perpetrator was apprehended.

 

(f)         on 26th April, 2017, four youths were arrested outside a correctional facility in Lusaka at about 03:50 with substances that were capable of causing a fire, which others may refer to as explosives.

 

(g)        on 1st May, 2017, fire swept through a storeroom and other sections of the Office of the District Education Board Secretary (DEBs) in Kafue;

 

(h)        on 3rd May, 2017, two people we detained on allegation of being found with materials they wanted to use to set up a fire at Soweto Market in Lusaka;

 

(i)         on 23rd June, 2017, preliminary investigations revealed that a 330 kV Kafue West Line tripped due to the collapse of Tower Number IV as a result of sabotage;

 

(j)         on 1st June, 2017, Zambia Electricity Supply Corporation (ZESCO) pylons were sabotaged in Ndola, sparking power outages in many towns that affected about 10,000 households;

 

(k)        on 4th July, 2017 a fire broke out at Lusaka City Market, resulting in extensive damage to property; and

 

(l)         less than forty-eight hours ago, there was closed-circuit television (CCTV) footage of a petrol bomb thrown into the premises of the Daily Nation Newspaper.

 

Madam Speaker, it is clear that these acts of destruction are not coincidental. This has created apprehension in the minds of the people of Zambia. Before I get to what the Government is doing about this, allow me to state that every country has alert levels. Some have amber alert levels before they get to red while others have levels one to four, with four being the most extensive. The alert levels are intended to curb such as acts as would disturb the peace and security of the nations.

 

Madam Speaker, there are two provisions in the Constitution of Zambia that can be used to avert security threats. These are Articles 30 and 31. Before I refer to Article 30 and 31, I wish to refer to Article 2 of the Constitution which states:

 

“We the people of Zambia ...

 

“Uphold the human rights and fundamental freedoms of every person;

 

“Commit ourselves to upholding the principles of democracy and good governance;

 

“Resolve to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the state are performed in our common interest;

 

“Confirm the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order.”

 

Madam Speaker, the Article does not say, “I, Edgar Lungu”, neither does it say, “I, Makebi Zulu” or make reference to any individual. It says, “We, the people of Zambia.” So, the Article refers to every Zambian and our heirs. 

 

Madam Speaker, as the hon. Members who spoke before me have explained, Article 31 is not a declaration of a state of emergency. This should be known by all. There is no state of emergency in Zambia. Article 31 simply gives powers to the President to acknowledge that there is an existing situation which, if not curbed, could lead to a state of emergency.

 

Madam Speaker, I started by highlighting the recent happenings in Zambia. As a panacea to these occurrences, the President has proclaimed, by reason of Article 31, that there exist situations that would result in a state of emergency if not curbed. This means that the President is avoiding invoking Article 30 of the Constitution, which relates to a state of emergency. A state of emergency presupposes that there has been a breakdown in law and order and that drastic measures have to be taken in order to curb the breakdown which should be so severe that it might render the country ungovernable.

 

Madam Speaker, we are not dealing with Article 30. In any case, if we were dealing with Article 30, we would be looking at Chapter 108 of the Laws of Zambia, which is the Emergency Powers Act that empowers the President to stop the lawlessness that may be prevailing or forestall it in order to bring about peace and order in our country.

 

Madam Speaker, on the other hand, to invoke Article 31, we have to use the Preservation of Public Security Act. The preservation of public security presupposes that there is security and we need to preserve it. There are incidents that are threatening the status quo, and we need to forestall anything that would result in a state of emergency. That is what we are doing.

 

Madam Speaker, as a patriot who has chosen to uphold the Constitution, His Excellency the President has proclaimed that we should move in that direction. He has acknowledged that there is no tension in the country, but that the continued perpetration of these acts may lead to tension that may require his invocation of Article 30. He has chosen not to go that far, but to nip the threat in the bud.

 

Madam Speaker, Article 8 of the Constitution states:

 

“The national values and principles are: morality and ethics; patriotism and national unity; democracy and constitutionalism; human dignity, equity, social justice, equality and non-discrimination; good governance and integrity; and sustainable development.”

 

Madam Speaker, the House may wonder whether the invocation of Article 31 is necessary for good governance and the answer is a categorical yes. It is necessary for good governance because no one wants to govern a country that is ‘on fire’. No one wants to govern a country that is not at peace. All governments see to it that the people they are leading live a quiet and peaceable life, hence the invocation of Article 31.

 

Madam Speaker, one might ask whether it enhances our democracy and constitutionalism. It certainly does. These acts are aimed at tarnishing the image of a Government that was democratically elected by the people of Zambia. That is an insult to the voter in Malambo, Vubwi and Petauke ...

 

Hon. Government Members: Hear, hear!

 

Mr M. Zulu: ... as it insinuates that they made the wrong choice. So, to respect the majority vote of over 50 per cent plus one for the President and this Government, it is important to invoke Article 31 in order to protect our democracy and constitutionalism. This is because when we included Articles 30 and 31 in our Constitution, we envisaged that even in a democracy, there comes a time when it is absolutely necessary to invoke such powers. Every country has these provisions because there comes a time in the life of a state when it must defend itself by invoking such provisions.

 

Madam Speaker, this entails that the invocation of Article 31 is absolutely necessary to preserve our democracy, constitutionalism, integrity and good governance. It is also important because it assures the people of sustainable development.

 

With these few remarks, I support the Motion.

 

I thank you, Madam Speaker.

 

Hon. Government Members: Hear, hear! Ema lawyer, aya!

 

The Minister of Energy (Mr Mabumba): Madam Speaker, thank you for giving me the opportunity to contribute to the debate on this very important Motion, given what the country has been going through in the recent past.

 

Mr Ngulube: Hear, hear!

 

Mr Mabumba: Madam Speaker, like my colleagues have said, Zambia is a democratic State. That is why it went to the polls, in 2016. The people of Zambia made a decision through a political examination to which all of us, including my colleague seated here (Hon. Chilufya), were subjected. The Zambian people, through the 50 per cent plus one majority vote, decided to give President Lungu and his colleagues, the hon. Members of Parliament, the mandate to govern this country.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, what has been going on in this country in the recent weeks and months is a unfortunate. When I debated on the Motion on the State of the Nation Address on the Application of Constitutional Values and Principles by His Excellency the President, Mr Edgar Chagwa Lungu on 17th March, 2017, I said that national values and principles culminate into national culture. In Zambia today, there is ‘homegrown’ terrorism, which is very unfortunate.

 

Madam Speaker, like my colleague, the hon. Minister for Eastern Province stated, even in a democratic state, there is no way a President can sit and watch when the safety and security of the people is degenerating. His Excellency the President had to invoke Article 31 of the Constitution because he was given the mandate by the Zambian people to govern this country. The power infrastructure that has been sabotaged in recent months does not belong to the President of the Republic of Zambia, Mr Lungu, the Patriotic Front (PF) or any other political party in this country. It belongs to the Zambian people, collectively.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: If it belongs to us, Madam Speaker, we should all protect it. The President has taken decision in order to protect the electricity transmission lines. It is difficult even for the best country in the world, whose democracy has matured, to have a best policing strategy, especially if its geographical transversion is like ours. Therefore, His Excellency the President is trying to give our colleagues in the State security wings powers to protect the infrastructure that has been installed across the country. By protecting the infrastructure, the President of this country is also protecting the lives and livelihoods of the people.

 

Madam Speaker, what are the people who sabotaged Lusaka City Market and Kafue West Transmission Line going to achieve by their actions? The economy can only thrive if there is sufficient power. This will enable the woman/man in Kalingalinga, who owns a hair salon or barber shop, to earn an income. It will also enable the poultry farmer to grow his/her business. The metal fabricators in Kalingalinga can also be assured of an income. His Excellency the President wants to guarantee the vulnerable people who voted for him an income.

 

Madam Speaker, when all these acts of destruction that have affected us began, we were not sure whether they were acts of sabotage or natural disasters. It is suspected that the destruction in Kafue West and Shantumbu was as a result of home grown terrorism. We cannot sit idly because the Government has to spend huge sums of money on reconstruction works. For instance, the Government has spent almost US$3 million on reconstruction works in Luswasi, Kafue West and Shantumbu. That money should have been used to install power in Mafinga.

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, that money should have been used to install power in Luano and Ngabwe. That is the only way the PF Government can demonstrate to the people that it can provide social justice and equity.

 

Mr Mulusa: In Mafinga!

 

Mr Mabumba: Unfortunately, the money is being spent on reconstruction works. 

 

Mr Mulusa: Instead of Mafinga. Imagine, Madam Speaker!

 

Mr Mabumba: Madam Speaker, there are people who work in the mines where power is required. There are also people who are on life support machines that are powered by electricity in our hospitals. We have water systems that run on power supplied by the Zambia Electricity Supply Corporation (ZESCO). How else can the Government protect people’s lives?

 

Mr Mulusa: Especially children who are in incubators!

 

Laughter

 

Mr Mabumba: Madam Speaker, in the debates of this House, most colleagues talk about clinics and schools that have not yet been electrified. Those are the areas towards which our investment is supposed to be channeled but, alas, the terrorists are drawing us backwards. For someone to cut the electricity pylons, it means that he/she does not care about his/her life. Whoever did that is a terrorist. Why is it that the Americans never took the biggest international terrorist through the judicial system? I wish to urge Hon. Kampyongo that terrorists should not be given an opportunity to go through the judicial system.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: The Americans has come up with a capital punishment for terrorists. Terrorists are taken to Guantanamo Bay or the grave.

 

Laughter

 

Mr Mabumba: I say so because terrorists do not mean well for the Zambian people. Someone cannot burn …

 

Madam First Deputy Speaker: Hon. Minister of Energy, as you know, Zambia is a constitutional democracy which is anchored in the rule of law. Therefore, you are not at liberty to start suggesting means of dealing with wrong doers. You may continue but, please, do not take that route.

 

Mr Mabumba: Madam Speaker, thank you for your guidance. I wish to withdraw that statement. It will be up to Hon. Kampyongo and his team to decide.

 

Laughter

 

Mr Mabumba: As I stated in my contribution to the Motion on National Values and Principles, from the time the PF came into power in 2011, it has extended energy infrastructure to regions where people did not vote for it because President Lungu wants to demonstrate that he is a nationalist. The biggest installation is the North-West Transmission Line. Currently, the Kafue/Livingstone Transmission Line is being upgraded. The President wants to demonstrate that he will remain loyal to the Zambian people, irrespective of their political affiliation.

 

Mr Mulusa: Hear, hear!

 

Mr Mabumba: Madam Speaker, surely, what else do the Zambian people want the President to do other than what he is doing?

 

Mr Mulusa: Eh!

 

Mr Mabumba: Next month, he will be going to the North-Western Province to launch another big investment in Kabompo and Lukulu.

 

Mr Mulusa: Imagine!

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: In September, I will request His Excellency the President to go and launch the substation and transmission line that goes to Luampa.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: What else do the people of Zambia want President Lungu to do in order to promote national values and principles?

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, the international community supports the energy sector by putting a lot of their hard-earned money into the sector. I, therefore, wish to appeal to them to insist that their investment money in Zambia meets the set objectives.

 

Ms Siliya: Hear, hear!

 

Mr Mabumba: If they give us money for projects like the new transmission lines in the North-Western Province and the lines are sabotaged, how would the taxpayers from their countries feel? So, I wish to assure the international community that the measures that President Lungu has taken are aimed at protecting the investment that they bring into this country.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, like Hon. Kalaba, I will also meet the donor community that has been supporting the Ministry of Energy to assure it that the invocation of Article 31 is meant to protect the investment it has brought in Zambia through the grants and concessional loans for transmission lines.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, I also wish to assure the investors in the energy sector that Zambia remains their investment destination. There are great opportunities because it is surrounded by eight countries. Why should the invocation of Article 31 prevent them from investing in Zambia where there are opportunities? There are 600 million people living around Zambia. So, when there is foreign investment in the energy sector, which President Lungu is trying to protect, the power is sold locally and in the region.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: This is what President Lungu is communicating to our foreign investors. He wants to protect the hard-earned money which they are bringing into this country.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: If the President does not do this, they will not be able to get a return on their investment.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: In conclusion, Madam Speaker, I wish to say to the people of Zambia that the acts of home grown terrorists will not take the peprtratiors anywhere. Our State security agencies will follow them wherever they are, be it in a hole or on an ant hill.

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, the infrastructure projects that the Government has invested in belong to the Zambians collectively and are supposed to be protected. They are for that woman who goes to Lusaka City Market to sell; and for the person who depends on a hair salon or metal fabrication for a living. This is what this investment is meant for

 

Madam Speaker, President Lungu has been commissioning big projects that need power. The Zambia Consolidated Copper Mines-Investment Holdings (ZCCM-IH) Cement Plant in Ndola will need power from ZESCO. So, if we sabotage the power installations, how are we going to create jobs for the youths on the streets?

 

Hon. Government Members: Hear, hear!

 

Mr Mabumba: Madam Speaker, we provide power as a public social good. ZESCO has never discriminated against anyone who has applied to have power connected. Power is a public social good which all of us should protect because it is meant to provide social justice and equity.

 

 I wish to appeal to the people of Zambia and our traditional leaders to work together to police transmission lines, all the installations in the energy sector and oil pipeline. This is a mammoth task even for any security wing in the world. However, if we invested in community policing, Madam Speaker, we would be able to protect this investment, industrialise our country and create jobs. We can create a better life for the people of Zambia, but this requires collective action and decision-making.

 

I wish to assure the people of Zambia who have misgivings about the invocation of Article 31 that it is meant for their own good. So, they should not to be scared or threatened. From the time the acts of sabotage begun, I have been saying that the recovery process has started through ZESCO. It took some time for us to respond to the sabotage in Serenje. However, the response to the Kafue West and Shantumbu sabotages was faster. We are ready for any eventuality. However, whoever is behind this destruction is going to be caught. I wish to urge Hon. Kampyongo to ensure that the culprits are brought to book.

 

Mr Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

The Minister of Housing and Infrastructure (Mr Chitotela): Madam Speaker, I thank you for the opportunity to rise in full and unwavering support of the Motion ably moved by Her Honour the Vice-President of the Republic of Zambia.

 

Madam Speaker, Zambia has an impeccable history of being a democratic and peaceful nation because of the strong foundation laid by our forefathers. Zambia has been holding free and fair elections endorsed by the continental and international communities. Over the years, losers of both parliamentary and Presidential elections have graciously conceded defeat without resorting to violence, all in the interest of our nation. However, for those who could not accept the outcome of the elections, there is a judicial system that is provided for and they have opted to petition the results and respect the decision of the court.

 

Madam Speaker, if my memory serves me right, it was only in the 1996 Presidential Elections that the President elect won by more than 50 per cent of the votes cast. The next presidential candidate to win by this margin was His Excellency President Lungu in last year’s General Election in which he met the constitutional requirement of a win by fifty per cent plus one votes cast. This was a clear demonstration that the people of Zambia have a lot of confidence in his leadership.

 

Madam Speaker, what is leadership that comes through elections? It is defined as a depository authority. The citizens deposit their authority and interest into an elected person.

 

Hon. Government Members: Hear, hear!

 

Mr Chitotela: Nobody can stand up and take their money to a bank which is likely not to be in existence the next day. You deposit your money where you feel your earnings will be safe.

 

Hon. Government Members: Hear, hear!

 

Mr Chitotela: So, the democratic process builds up leadership that comes through the depository authority. The majority of the people of Zambia collectively deposited their authority, interest and economic and social benefits in the leadership of His Excellency President Edgar Chagwa Lungu.

 

Hon. Government Members: Hear, hear!

 

Mr Chitotela: As a responsible President who has sworn to defend and protect the Constitution of Zambia, he has followed two basic fundamentals. The first one is to preserve life and the second one is to protect property. So, when the lives and property of the citizens that His Excellency the President has sworn to preserve and defend are threatened, he has no choice but to invoke the provisions of the Constitution. I do not think that dictators do that. Dictators do not respect provisions of constitutions.

 

Hon. Government Members: Hear, hear!

 

Mr Chitotela: Madam Speaker, when I woke up on that morning and saw the market in flames, I could not hold back my tears. I imagined the poor women in Kalingalinga who depend on their sales at the market for their survival and, who, after they knock off from the market, go to buy a small packet of mealie meal called a pamela for the evening meal. I wonder how someone can say that His Excellency the President rushed into making the declaration, as he was supposed to wait for the investigations. How do you wait for investigations when millions of Zambians are ‘crying’?

 

Madam Speaker, where is the Church today that preaches to the people on Sunday and expects them to give tithe and offering? There is no church that has stood up to regret the incident. The churches are waiting for investigations to finish.

 

Mrs Simukoko: Shame on them!

 

Mr Chitotela: Where are the three church mother bodies that defend the rights of ...

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1810 hours until 1830 hours

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

Mr Chitotela: Madam Speaker, when business was suspended, I was talking about the Church because I am also a bona fide Christian …

 

Hon. Members: Hear, hear!

 

Mr Chitotela: … who believes that the role of the Church should be like that of a parent ...

 

Hon. Members: Hear, hear!

 

Mr Chitotela: ... who counsels the aggressor and consoles the victim.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: If the Church has not condemned the aggressor or consoled the victim, I begin to wonder how one can go to church on Saturday or Sunday and ask the people who have been affected by the burning of Lusaka City Market to give offering and tithe. I represent a poor rural constituency where people depend on trading at markets for their livelihood. Some people did not have money on that day. They were dependent on the sales from the market to buy whatever was needed for their homes. Other people got goods on credit, while some were workers. Had the President listened to the ‘loud’ voices that were saying that he should have waited for the investigations, he would have forsaken the interest of the Zambians? The role of the Presidency is to protect property and preserve life.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: The people of Zambia have deposited their authority in the Presidency of Mr Edgar Chagwa Lungu.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: Madam Speaker, according to the hon. Minister of Local Government, we will need about US$20 million, which is about K200 million, to rebuild Lusaka City Market.

 

Mrs Simukoko: Wow!

 

Mr Chitotela: According to my calculations, the K200 million can build a minimum of three universities.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: I have heard hon. Members lament the poor state of the Katunda/Lukulu Road in this House. The K200 million can build that road.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: We know that vital installations have been targeted for destruction. How much will it cost to rehabilitate the local courts in Mongu and Kabwe, the Office of the District Education Board Secretary (DEBS) in Kafue, houses of people and markets? Then, you ask yourself how we are going to govern this country. You want the President to wait for the investigations before taking action. If the acts of terrorism are perpetrated by people who want to be presidents, they should bear n mind that there can be no government without people. Where I come from, there is a saying that goes, “Akamana ukupoma, nipa mabwe, ni mfumu utangala, nipa banthu.”

 

Interruptions

 

Mr Chitotela: You cannot be a chief without people.

 

Mr M. K. Tembo: Meaning?

 

Mr Chitotela: Meaning, you cannot be a chief without subjects.

 

Mrs Simukoko: Hear, hear!

 

Mr Chitotela: You need people. You want to be the President of Zambia, yet you are destroying the country. I am not accusing any political party. If the acts of terrorism are politically motivated because somebody wants to have the supreme power of the land, how can he/she disadvantage the very people he/she wants to rule? You want to subject people to untold misery. If you want to be Minister of Infrastructure Development, why should you destroy the infrastructure that you want to be in charge of? I wish to appeal to the youths who are being used to search their conscience. You may not know who you are targeting or will be affected by your actions. It might be your own brother or sister.

 

Mr Ngulube: Hear, hear!

 

Mr Chitotela: Try to put yourself in the position of the people who have been are affected by the heinous acts. Today, his Excellency the President has demonstrated his unwavering support and love for this country. At the moment, the he is in Dundumwezi to a K20 million road project.

 

Hon. Members: Hear, hear!

 

Mr Chitotela: What kind of presidency do we want? It is President Lungu who has sanctioned the construction of the road in the Western Province at a cost of K950 million. He does not look at the region. He has said to me on the phone, “My constituency is Zambia. I am looking at the welfare of the Zambians regardless of their geographical position. Regardless of where the people are, I want to deliver and show them that I came to unite Zambia. I want to take development to the people regardless of their geographical position or political inclination.”

 

Madam Speaker, any hon. Member worth being called a representative of the people will not question the powers of the President to preserve peace by forestalling acts of arson and vandalising of vital public installations. I wish to ask the Zambians the following question: Do you want hon. Members of Parliament who are going to promote the destruction of infrastructure?

 

Mrs Simukoko: No!

 

Mr Chitotela: Will the Zambians vote for a president who will be in the forefront of destroying vital installations?

 

Hon. Members: Hear, hear!

 

Mr Chitotela: I wish to appeal to the conscience of every well-meaning Zambian, including the ‘bad’ ones to look at their deeds. What are they trying to achieve by destroying their country? I got a message from one of my constituents in Pambashe which reads, “The spirits of our forefathers are with you in Parliament. We hope that Threatened State of Emergency is extended by ninety days so that the perpetrators of destruction are brought to justice.”

 

Madam, I support the Motion with all my heart and wish to convey the support of the people of Pambashe, too.

 

Thank you, Madam Speaker.

 

Hon. Members: Hear, hear!

 

The Minister of Home Affairs (Mr Kampyongo): Madam Speaker, …

 

Hon. Members: Go and arrest them!

 

Ms Kapata: Wapya, baisa!

 

Interruptions

 

Mr Kampyongo: Madam Speaker, thank you for giving me the opportunity to join my colleagues who have spoken before me in support of the Motion on the invocation of Article 31 of the Constitution of the Republic of Zambia, which brings into effect Cap 112 of the Laws of Zambia which also talks about the preservation of public security, ably moved by her Honour the Vice-President of the Republic of Zambia and Leader of Government Business in the House.

 

Hon. Members: Hear, hear!

 

Mr Kampyongo: Madam Speaker, my hon. Colleagues have underscored the importance of the Motion on the Floor. So, I wish to join them in assuring the members of the public that contrary to the detractors who have chosen to mislead the nation, His Excellency the President of this country means well by invoking Article 31 of the Constitution. The acts of violence and distraction of both public and private property are aimed at instilling fear in the people and undermining their confidence and that of the international community in the leadership of His Excellency the President. The unlawful activities aimed at terrorising people have been perpetuated by elements that are bent on disrupting developmental programmes. The perpetrators of destruction have chosen to ignore the will of the people of Zambia expressed through the outcome of the 2016 Elections.

 

Madam Speaker, I wish to assure my hon. Colleagues that the invocation of Article 31 is appropriate because it simply gives law enforcement agencies the extra powers to stop people from destroying the country. It is saddening to hear a lawyer, who was one of us some time back, mislead the people of Zambia on radio. We commend the youths who have teamed up with the Zambia Police Service to protect property at markets and bus stations. This has brought about accusations that we are training militias. That is irresponsible. We know that such people are trying to seek attention on the political arena. They stood for elections and their party could not win a single seat for councillorship.

 

Ms Siliya: Can you imagine!

 

Mr Kampyongo: They got fewer votes than what one hon. Member of Parliament got. However, today, they want to deceive people by misinterpreting the invocation of Article 31. One wonders where they live because the catalogue of events in the recent past given by my colleagues, the hon. Minister of Local Government and the hon. Minister for Eastern Province, is there for everyone to see. If someone wants to behave a though he/she lives on Mars and, therefore, cannot see the problems the country is faced with, we get concerned. So, I wish to assure my brothers and sisters that the law enforcement agencies will operate within the confines of the law. No one is above the law. They have been given extra powers to ensure that they thoroughly investigate the cases before them, but this has to be done with respect to the Constitution and their Standing Orders. Not too long ago, I informed the House that some officers who were found wanting are facing the law. The same will happen to those who will opt to abuse the extra powers that they have been given.

 

Madam Speaker, we have received complaints from some stakeholders relating to the announcement that was made about the Zambia Police Service not allowing people to drive unregistered vehicles because investigations have revealed that some people opt to use unregistered vehicles so that they cannot be tracked down. This complaint was from the car dealers who drive unregistered vehicles. We shall liaise with the Zambia Police Service to allow them to use the vehicles at a certain time. The President and Commander-in-Chief of the Armed Forces has assured the nation that people will lead normal lives. However, we have given the wrong doers ample warning. So, it is time for the boots to be on the ground.

 

Hon. PF Members: Hear, hear!

 

Mr Kampyongo: Like I have stated before, we shall be aggressive this time around.

 

Madam Speaker, I appreciate the debate for the hon. Member for Kabwe Central because it was well researched.

 

Mr Ngulube: Hear, hear!

 

Mr Kampyongo: He highlighted some of the measures that have been taken in other countries, especially with regard to detaining suspected terrorists. The reason people who are engaged in criminal activities are detained for seven, twenty-eight or ninety days is that some of them work in cartels. Some suspects may be in Central, Lusaka, Southern, Eastern and Western provinces. Our officers have rounded up suspects and some of them have been caught red-handed and in possession of undesirable elements such as explosives. However, the law is very clear. As a country, we respect the rule of law. Some suspects who belong to a network have to appear before the courts of law within forty-eight hours. Legally, they are entitled to bail. When they are released on bail, there is no guarantee that they will not commit the same offence.

 

So, Madam Speaker, the extra powers that have been given to the law enforcement agencies will allow them to keep criminals for a reasonable period, as they round up other members of the cartel. I wish to assure the people of Zambia that we are going to stop the destruction of public installations. I also wish to inform the hon. Members that it will not be unusual to see combined teams of low enforcement agencies because there will be joint operations. They will see uniformed officers at various installations because the country is under threat of attack. Like my colleagues have already stated, we need to deal with this situation before we can talk about the state of emergency. I know that when our men and women in uniform have their boots on the ground, there will be no need to go to the next stage.

 

Mr Lubinda: Good! Very good!

 

Mr Kampyongo: Madam Speaker, my colleagues talked about dictatorship and I wondered what sort of dictatorship they were talking about. We have a President and Commander-in-Chief of Armed Forces, who, after being elected as President, was sworn-in without any hiccups. We have seen swearing-in ceremonies of some Presidents Elect being conducted in other country.

 

Laughter

 

Mr Kampyongo: For instance, the swearing-in ceremony for the President of Guinea took place in another country because of the volatile situation in that country. 

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: In this country, the Head of State and his Running Mate, Her Honour the Vice-President, have exercised restraint and leadership. Even when we, their followers, had had enough of the destruction of public installations, ...

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: … they prevailed over us and allowed the due process of the law.

 

Ms Siliya: Yes!

 

Mr Kampyongo: They are here!  

 

His Excellency the President has made a declaration in this situation and we are emotionally affected. In this House, we exercise authority that comes from the people. The people have elected us to be custodians of their affairs. So, if their affairs are affected in any way, we must be mad not to be affected as well. When we see our people cry because they have lost their property, we should get affected. Her Honour the Vice-President went to Lusaka City Market and she saw how agonised the people were. As the hon. Minister of Local Government stated earlier, this was not the first act of destruction. However, the President did not take immediate action because he wanted to sit down with his team to interrogate the provisions of the law on how to deal with the situation at hand. This is what a democratic person does and the President should be commended for that. People who do not know how it feels to enjoy the mandate given by the people to govern the country are tarnishing the image of the country because they know that they will not get the same chance as President Edgar Lungu to govern the country. President Lungu used to sit here amongst us.

 

Mr Lubinda: Actually there, where you are seated (pointing at Hon. Mr Kampyongo).

 

Mr Kampyongo: In fact, he used to sit where I am seated. 

 

Laughter

 

Mr Kampyongo: However, God laid His hand on him and gave him the mantle from the late founder of the Patriotic Front (PF), Mr Michael Chilufya Sata, may his soul rest in peace.  So, our responsibility is to protect the people who have given us the authority to oversee their affairs and property.

 

I wish to appeal to the members of the public to be vigilant. We only have one Zambia. I am telling you this because I also have the responsibility of looking after people who have been displaced from countries where there is civil arrest. They walk long distances with their children to seek asylum. If you hear the stories of these people, you will not allow anyone to continue doing what is obtaining in Zambia. Even the clergy, with their bibles tucked under their arms, run away from their countries ...

 

Laughter

 

Mr Kampyongo: … to look for sanctuary.

 

So, when things get out of hand and there is an eruption of violence, everyone is affected. I know that Her Honour the Vice-President will wrap up the debate. However, I wish to emphasise that this country has enjoyed peace for many years. People fought for the peace that we are enjoying. Others lost their lives. Peace does not come easily.  

 

Madam, if it means people losing their lives in order for us to protect and preserve the peace that we enjoy, so be it. We are aware that the criminal elements have put prices on our heads, but we are not scared. We will not be cowed by criminality because it has never been a victor. I stand here to assure the nation that we are going to defeat them. They may be in hiding for now, but they know that we shall pounce on them.

 

I also wish to assure Hon. Mabumba that we shall protect our people and all public installations. I know how emotional he has become after seeing the amount of money that could have been spent on infrastructure development being spent on reconstruction works. My assurance to you, hon. Minister, is that we are going to work together to ensure that our people’s lives are not disturbed and that no lives in hospitals, where power is of utmost importance, are lost. 

 

Mr Kalaba: Assure me also!

 

Mr Kampyongo: My hon. Colleague, Minister of Foreign Affairs, please, assure the diplomats and foreign investors domiciled in this country that they have our protection and that they have nothing to worry about or fear ...

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: … because we are equal to the task.

 

Mr Ngulube: Ema Minister, aya!

 

Mr Kampyongo: Please, continue being the ambassador that you have been in showing what a peaceful country Zambia has always been.

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: The recent happenings are new to Zambia and we are not going to allow them to continue.

 

Madam Speaker, I am happy that your institution is functioning.

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: I wish to commend all the hon. Members present for being equal to the task because the absence of others has not been felt.

 

Hon. Government Members: Hear, hear!

 

Mr Kampyongo: This is what it means to dedicate one’s life to public service. We are not going to sit back and start crying over those who do not want to work for the people who elected them as their representatives. We shall perform our functions and ensure that the prosperity of this country is not hampered by any criminal element. This, we shall do. We shall also support His Excellency the President to do this for the people.

 

We know that he wants to put smiles on the faces of the people. Not so long ago, he was in Kitwe where he opened a market that he helped build. He wants to see his people happy. So, like I said, we have talked enough and it is time for us to put our feet down. One tabloid quoted me as having said that people will be killed. Indeed, wrong doers will be killed. Every action requires an equal and opposite reaction. If someone is sitting pretty somewhere and sending other people’s children on risky assignments, he/she should be ready to pick up corpses from under the pylons.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: The hon. Minister of Home Affairs will withdraw the last statement about picking up corpses under pylons. I do not think that the intention of this Motion is for you, hon. Minister, to issues such statements. This can scare the citizens. 

 

Mr Lubinda: Yes, withdraw that last part!

 

Mr Kampyongo: Madam Speaker, I humbly withdraw the statement and replace it with wrongdoers should not be found in wrong places.

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

The Minister of Justice (Mr Lubinda): Madam Speaker, the debate today shows the worthiness of the old adage that goes, “What brings us together is bigger than what puts us asunder”. It is illustrative of the fact that we are unanimous on this matter. I would like to join those who spoke before me in commiserating with the victims of terrorism and in condemning, in the strongest terms possible, the acts of terrorism.

 

Madam Speaker, Hon. Makebi Zulu, referred to Article 2 of the Constitution of Zambia, which obliges every citizen of this country to uphold and defend the Republic Constitution. The hon. Members are doing exactly that today. They are defending the Constitution which they swore to defend.

 

 Madam, I would also like to join my colleagues in supporting the Motion moved by Her Honour the Vice-President that we approve the invocation of Article 31 by His Excellency. By so doing, we shall extend its validity in accordance with the Constitution for three months.

 

Madam Speaker, my colleague, the hon. Minister of Home Affairs, made reference to somebody who said that the invocation of the Article 31 by His Excellency the President is injustice. Apparently, the person who said that belongs to the college of people who refer to themselves as learned.

 

 Mr Ngulube: Hear, hear! He is a former lawyer!

 

 Mr Lubinda: Madam, in case, he missed one lesson at school, I would like to add some facts to his knowledge. The Black’s Law Dictionary defines justice as, “Protecting rights and punishing wrongs using fairness.” It is very simple. Another law dictionary defines justice as, “Fairness, moral rightness – a scheme or system of law in which every person receives his/her due from the system, including all rights, both natural and legal.”

 

Madam Speaker, I wonder whether the people whose property has been gutted have enjoyed their rights. They will only enjoy their rights when the perpetrators of the crime are brought to book. That is what justice is. Those who offend the law, must face it.

 

Madam, my colleagues have already spoken about the veracity of Article 31 and have related it to Article 30. I will, therefore, not spend time on this. However, I would like to react to the comments on the invocation of Article 31.

 

Madam, Article 91(1) of the Republican Constitution says:

 

“There shall be a President of a Republic, who shall be the Head of State and Government and Commander-in-Chief of the Armed Forces.”

 

Madam Article 91(2) of the Constitution says:

 

“The Executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President ..

 

It continues to say:

 

         “ … or through public officers …”

 

Madam Speaker, Article 31 also states that the President, on his own volition, will invoke that Article without consulting anybody.

 

Mrs Simukoko: Hear, hear!

 

Mr Lubinda: It does not state that the Head of State will consult presidents of small parties, opposition political parties or any grouping. It clearly states that when the President sees it fit and realises that there is a situation that exists which, if allowed to continue may lead to a state of public emergency, he will invoke Article 31. That democrat, Mr Edgar Chagwa Lungu, did not use that power on his own. Instead, he went to his Cabinet and asked them to deliberate on this matter. The Cabinet deliberated on it over a long period before coming to a conclusion that, indeed, it was time to prevent any further acts of terrorism in the country. That is how Article 31 was invoked.

 

Madam, I have heard many people ask whether our rights and freedoms are protected. The lawyers out there must do justice to Zambia by explaining Part III of the Bill of Rights under Article 25 of the Constitution of Zambia because it is clear on when the freedoms and rights of Zambians can be derogated. It is clear because this section provides that the derogation of rights of the Zambians will only be determined under two circumstances.

 

Firstly, it is when there is invocation of Article 29 of the Constitution, that is, when there is a declaration of war. Secondly, it is when there is invocation of Article 30, which is the emergence power. So, Article 31 does not derogate the rights of citizens. Therefore, as hon. Minister responsible for justice, I would like to use this House to assure all the Zambians that their rights are as protected as the Constitution permits and no one has the intention whatsoever of derogating them. They are as sacrosanct as they are written in our Constitution.

 

 Madam, for those who would like to read further, I would like them to follow the debate of my hon. Colleagues and read the relevant Act of Parliament, which has been triggered by the passage of Article 31, that is, the Preservation of Public Security, Cap 112 of the Laws of Zambia.

 

Madam Speaker, the Act has thirteen main orders. Out of the thirteen, ten may only be regulated or ordered by His Excellency the President or by a person to whom he has delegated power. Again, this is in keeping with Article 91 of the Constitution. As President, he will order for the regulations to come into effect because not even the hon. Ministers of Homes Affairs or Defence can do that unless they are delegated to do so by the President. This is the same President who has already shown us how democratic he is.

 

 Madam, I would also like to refer to Section 35 of Cap 112 of the Constitution, which provides that before an order takes effect, …

 

 Mr Chisopa: Ema lawyers, aya!

 

Mr Lubinda: … it shall be publicised so that all people read and understand what regulations have been put in place.

 

Mr Ngulube: Hear, hear!

 

Madam, to my good friend, Hon. Jamba, I wish to say that before the people of Shibuyunji are told not to travel to Lusaka, there shall be published in the gazette that a regulation has been put in place. I wish to assure everyone that there is no regulation that will be put in place without adequate justification. There shall be justification for every regulation that is put in place.

 

Mr Ngulube: Hear, hear!

 

Mr Jamba indicated assent.

 

Mr Lubinda: Madam Speaker, my friend, the hon. Minister of Home Affairs, spoke about arrests. Let me also remind my hon. Colleagues and the country that the provisions of Cap 112 are very clear on how long a person will be arrested under these regulations. There is nowhere in the law where there is a provision that a person shall be detained indefinitely without question. Once the criminals are caught, they will be detained as provided for in Cap 112.

 

Madam, a police officer will not have the power to arrest a person for more than twenty-four hours because that is provided for in the law. So, where are the people, who are going round telling people that President Edgar Lungu has now become draconian and is a dictator, getting that information from? Are they not capable of reading because the law is very clear? It is only an Assistant Superintendent of Police and magistrate who may arrest a person for more than forty-eight hours. Beyond that, it has to take a magistrate to determine that a person should be detained up to seven days in an event that the police will require time to carry out further investigations. Even under the detention of the Presidential order, a person will have to be brought before a tribunal within thirty days of being arrested.

          

So, where are people getting all these figments of imagination that President Edgar Lungu wants to detain people wantonly? I wish to assure them that President Edgar Lungu is a well read legal mind and knows the provisions of the law. He is leading a Cabinet of people who also read and understand the law. Therefore, when we say to the Zambian people that we are doing this in the interest of protecting their property and lives, it is because that is our duty.

 

Madam, you may recall that not too long ago, there were a few incidences of killings. What were our friends in the Opposition saying? They were asking where the Government was. When they were asking where the Government was, they were literary asking where the chief executive of this Government, who is the President, was. They were asking why he was not taking action. My colleagues here listed more than thirteen acts of terrorism having taken place in a period of less than twelve months. That is an average of one act of terrorism every month.

 

Mr Mulusa: It is one per month!

 

Mr Lubinda: Yes, one. One act of terror per month, thank you.

 

Mr Ngulube: Hear, hear! It is actually 1.15!

 

Laughter

Mr Lubinda: So, should the President sit back while this is happening? Some people have asked why he has not waited for the investigation. He has invoked Article 31 to allow police and intelligence officers to carry out investigations because he does not want to arrest people who are innocent. I wish to agree with my lawyer, Hon. Tutwa Ngulube, …

 

Mr Ngulube: Hear, hear!

 

Mr Lubinda: … that it appears as though there are weaknesses in our criminal law system. However, I would like to inform all the hon. Members of this House that it is not only the duty of the Ministry of Home Affairs, but also our duty, collectively, to ensure that this situation is addressed. Like Hon. Tutwa Ngulube and others who have debated said, in other jurisdictions, when there are incidences such as the ones that we have witnessed, the leaders quickly go to parliament to amend the law in order to give themselves power to arrest that situation. For us, we rely on the Bill of Rights. Let us protect our Bill of Rights and invoke Article 31.

 

Madam Speaker, how much more democratic shall we be? Do we have to be democratic at the expense of the lives of people? Will the people whose lives and properties have been lost be compensated by simply saying that we are a democracy? Of course, we are not. We have to ensure that we amend our laws to bring them up to the requirements of this age. The laws that we have were meant to fight criminals of the nineteenth century. Now, criminals have become very sophisticated. We, therefore, should making our laws sophisticated so that we curb these acts of terrorism.

 

Madam, indeed, we are a country where people can incite acts of terrorism and stand on an anthill to denounce the Presidency, …

 

Mr Sichone: And even insult him!

 

Mr Lubinda: … yet we still want to hide behind the veil of democracy. Democracy has its limits. So, let us come up with effective laws. As a matter of fact, everything that we have done is in keeping with the law. There is nothing that we have done outside the law.

 

Madam, as you may be aware, I have been in this House for quite some time.

 

Mr Ngulube: Hear, hear!

 

Mr Lubinda: As I sat here listening to the debates, I tried to recollect whether there ever been a debate that I have listened to in the past where people were so unanimous on a matter and were filled with so much pain and anguish in their debate, yet …

 

Interruptions

 

Madam First Deputy Speaker: Order, order!

 

Mr Lubinda: Madam Speaker, beside hon. Members being filled with pain and anguish for what has befallen their country, I could also hear a high sense of determination to succeed and rise above the challenges that have befallen their country. I wish to assure the people that if the people gathered here are their true representatives, then, the anger that they feel is shared by the majority of the Zambians. If the determination that we hear in this House is representative of the people whom we represent, then, it is the determination of the Zambians to ensure that they rise above this challenge.

 

Madam, those who are engaged in acts of terrorism should know that they are fewer than those whose resolve is to stop the acts of terrorism. Their time has come to an end. So, can they cease these acts of terrorism. The hon. Minister of Justice wishes to assure all the peace-loving Zambians that no one’s rights shall be infringed upon unnecessarily. Let us continue to be a proud, free and determined country.

 

I thank you, Madam Speaker.

 

Hon. Members: Hear, hear!

 

The Vice-President: Madam Speaker, allow me to thank all the hon. Members for their valuable contributions in debating the Motion. Some hon. Members pointed to the fact that His Excellency the President of the Republic of Zambia and Commander-in-Chief of the Armed Forces has been mandated by the Constitution to protect the lives, properties and investments in the country. That is why acts of terrorism should be curtailed by the invocation of Article 31.

 

Madam Speaker, I cannot name the hon. Members who contributed to the Motion one by one. Most of them emphasised the need to recognise the sovereignty of the State, its democratic credentials and the expression of the democratic values and ideals, as expressed by His Excellency the President when he made the declaration on 5th July, 2017. The House has also been reminded of the historical perspective of Article 31 and how the Zambians, in their own wisdom, have maintained the Act in the Constitution. Therefore, Article 31 is not a creation of President Edgar Chagwa Lungu, but a tool he is using to protect the infrastructure and people of Zambia.

 

Madam Speaker, some hon. Members have expressed some apprehension on the part of law enforcement officers who may not respect the rights, freedoms and liberties of the Zambians. However, I wish to assure the nation that there is nothing to fear during the ninety days that the Act will be in force. I am also aware that the guilty are always afraid.

 

Hon. Members: Hear, hear!

 

The Vice-President: If you are on the wrong side of the law, then, you should be worried. If you are innocent, then, you are a true patriot and will continue enjoying peace and tranquility for which Zambia is renown. Our country, Zambia, comes first.

 

Madam Speaker, the President of this country wants to unite the people of Zambia. He wants to govern this country in peace and ensure that Zambia’s socio-economic prosperity is enhanced. I am grateful to the unanimity in the debate on this Motion and wish to thank all the hon. Members who have contributed to the debate on this very important Motion which will keep our country in peace.

 

I thank you, Madam.

 

Hon. Government Members: Hear, hear!

 

Question that, in terms of Article 31(2) and (5) of the Constitution of Zambia, this House do approve the Declaration of the State of Threatened Public Emergency made by the President, dated Wednesday, 5th July, 2017, under Statutory Instrument No. 53 of 2017, put and the House voted.

 

Ayes – (85)

 

Mr W. Banda

Mr C. R. Banda

Mr Bwalya

Mr Chabi

Mr Chali

Ms Chalikosa

Dr Chanda

Mr Chansa

Dr Chibanda

Mr Chilangwa

Dr Chilufya

Mr Chisopa

Mr Chiteme

Mr Chitotela

Mr Chiyalika

Mr Chungu

Mrs Fundanga

Mr Hamusonde

Mr Jamba

Mr Kabamba

Mr Kabanda

Ms Kabanshi

Mr Kafwaya

Mr Kalaba

Mr Kalobo

Mr Kampyongo

Ms Kapata

Mr Kapita

Mr Kasandwe

Mr Katambo

Mr Kaziya

Mr Kopulanda

Mr Lubinda

Mr Lusambo

Mr Mabumba

Mr A. B. Malama

Mr M. H. Malama

Dr Malama

Amb.  Malanji

Mr Mbulakulima

Ms Miti

Mr Miti

Mr Mubukwanu

Mr Mukosa

Mr Mulenga

Mr Mulusa

Mr Mumba

Mr Mundubile

Mr Mung’andu

Mr Munkonge

Mr Mushimba

Mr Musonda

Mr Musukwa

Mr Mutale

Mr Mwakalombe

Mr Mwale

Mrs Mwanakatwe

Princess Mwape

Mr Ng’ambi

Mr Ng’onga

Mr Ngulube

Mr Nkhuwa

Mr Nyirenda

Ms Phiri

Mr Phiri

Mr Sampa

Mr Sichalwe

Mr Sichone

Mr Sikazwe

Ms Siliya

Mr Simbao

Mr Simfukwe

Mrs Simukoko

Mr Siwale

Mr Siwanzi

Ms Subulwa

Rev. Sumaili

Mr M. K. Tembo

Mr L. N. Tembo

Mr S. Tembo

Dr Wanchinga

Mrs Wina

Mr Zimba

Mr M. Zulu

Mr C. M. Zulu

 

Noes – (Nil)

 

Abstentions – (Nil)

 

Question accordingly agreed to, with more than two-thirds of all Members voting in the affirmative and the Declaration of a State of Threatened Public Emergency ratified.

 

REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE REPORT OF THE AUDITOR-GENERAL ON THE ACCOUNTS OF THE REPUBLIC FOR THE FINANCIAL YEAR ENDED 31ST DECEMBER, 2015

 

Mr Mbulakulima (Milenge): Madam Speaker, after the robust declaration of the Threatened State of Public Emergency, I beg to move that the House do adopt the Report of the Public Accounts Committee on the Report of the Auditor-General on the Accounts of the Republic for the Financial Year Ended 31st December, 2015, laid on the Table of the House on 7th July, 2017.

 

Madam First Deputy Speaker: Is the Motion seconded?

 

Mr Chiteme (Nkana): Madam, I second the Motion.

 

Mr Mbulakulima: Madam, your Committee, in line with its terms of reference as specified in the Standing Orders, considered the Report of the Auditor-General on the Accounts of the Republic for the Financial Year Ended 31st December 2015.

 

Madam, allow me to preface my remarks by stating, from the outset, that both the audit process carried out by the Office of the Auditor General and the work of the Public Accounts Committee are not meant to harass the controlling officers of the ministries and institutions that are cited in the Report of the Auditor-General, but rather, to enhance the parliamentary oversight function on behalf of the Zambian people by holding the Executive accountable in the way public resources appropriated by this House are spent.

 

Madam Speaker, this august House may agree with me that how well Parliamentarians effectively perform their oversight functions, by and large, depends on the performance of the Auditor-General and his/her staff.

 

Madam, it is against this background that your Committee anticipates the full support of the House when considering the Estimates of Revenue and Expenditure for the Year 2018, with regard to increasing funding to the Vote of the Auditor-General. This is with a view to enabling it to effectively carry out its mandate, especially that Article 251(1)(I) of the Constitution of Zambia Act No. 2 of 2016 has broadened the mandate of the Auditor-General to audit local authorities.

 

Madam Speaker, since your Committee’s report has been circulated to hon. Members, I will go straight into highlighting the key issues that your Committee dealt with.

 

This august House has been appropriating funds for social programmes such as the Youth Development Fund (YDF) and the Farmer Input Support Programme (FISP). However, your Committee fears that these important programmes may not be effective due to the manner in which they are being managed. Your Committee expresses concern at the evident disorganisation at the Ministry of Youth, Sport and Child Development pertaining to the YDF. It observes that the objectives of the fund are not being achieved, as the loans are not being repaid, therefore, disadvantaging other would-be beneficiaries from accessing the loans. Your Committee further observes that the ministry does not seem to have the capacity to monitor the programme. For instance, there is no binding agreement in place on how the loans will be recovered in an event of default by the beneficiaries. Further, the beneficiaries of the fund do not seem to fully understand what is expected of them once they access the loan. In this regard, your Committee directs the Controlling Officer to ensure that the whole programme is reviewed.

 

Madam, your Committee is further disheartened to note that despite the Ministry of Agriculture having managed the FISP for some time now, the same queries keep reappearing in successive agriculture seasons which negates the objectives of the programme. For instance, the perennial anomalies of the late distribution of inputs and undelivered inputs to the farmers and the various challenges associated with the e-voucher cards, especially in the last farming season, is evidence that the ministry has failed to implement the programme in a satisfactory manner. This explains why most farmers are not graduating from the programme as earlier envisaged. In view of the foregoing, your Committee sternly cautions the Controlling Officer from being a spectator in the administration of the FISP to being hands-on in order to achieve value for money. Additionally, monitoring and evaluation should be scaled up in the ministry in order to reduce the number of queries.

 

Madam Speaker, another worrying trend that was exposed by the Auditor-General is the management of medical supplies at the Ministry of Health. During the year under review, the ministry paid amounts totaling K745 million to foreign and local suppliers for the supply and delivery of laboratory reagents, cancer drugs, malaria drugs, Anti-retrovirals (ARVs) and vaccines. These medical supplies were delivered to Medical Stores Limited for storage and distribution to health facilities. A physical inspection of medical supplies at Medical Stores Limited carried out in April, 2016 revealed that various drugs worth K13 million had expired.

 

Your Committee questions how drugs worth K13 million could expire when there is always demand for the drugs in health facilities? Your Committee observes that this lapse is as result of poor supervision by the Controlling Officer in ensuring that all the requisite procurement procedures and supply systems are strictly adhered to by officers under his jurisdiction. It is evident, Madam Speaker, that the established procurement and supply procedures at the Ministry of Health are being flouted with impunity.

 

Your Committee was further alarmed at the level of impunity displayed by management at the ministry. Your Committee found it highly irregular for the ministry to procure laboratory commodities with short shelf life when the health facilities had enough laboratory commodities with longer shelf life. Such an irregularity, Madam Speaker, may result in the loss of public funds as reagents may expire earlier than required. Further, there is a risk of patients being administered with expired reagents which poses a further risk to their health. Your Committee observes that if there was proper monitoring, the management would have known that most of the health facilities had sufficient stocks of the commodities.

 

Madam, what worries your Committee most is the apparent reluctance by the Controlling Officer to report the matter to the investigative wings. Instead, he prefers to take action on the supplier after the matter was unearthed by the Auditor-General’s Report. Your Committee observes that this action may be a clear case of connivance between the supplier and the officers in the ministry. This should not be entertained. Officers who engage in the questionable procurement of laboratory commodities should face the law without hesitation.

 

It is for this reason that your Committee wishes to appeal to the Secretary to the Treasury and the Controlling Officers to ensure that all the cases of questionable procurement of laboratory commodities are promptly reported to the Zambia Police Service for further investigation. Also, Controlling Officers who fail to take prompt action should be sanctioned.

 

Madam Speaker, another issue of concern is that the current Auditor-General’s Report is laden with instances of undelivered materials. In fact, your Committee is disappointed with the unacceptable rise in undelivered materials, from material worth K522,000 in 2014 to K252 million in 2015. Your Committee is of the view that this increase in undelivered materials by ministries, provinces and other spending agencies is an indication that the internal control systems in institutions have collapsed. Further, your Committee observes that the status quo is also a result of poor supervision by Controlling Officers, coupled with negligence on the part of officers in the stores and procurement departments.

 

Madam Speaker, it is needless to state that the result of this delay is that the targeted citizenry has to wait for the provision of public goods and services longer than necessary. Furthermore, there is a risk of public funds being lost as a result of goods not being delivered despite the payments having been made in some instances. Therefore, your Committee strongly urges the Secretary to the Treasury to censure the erring controlling officers for failure to closely supervise the stores and procurement officers in their respective jurisdictions. The Secretary to the Treasury is further urged to take concrete steps to address the evidently weak internal control systems in the ministries, provinces and other spending agencies. Your Committee will not take lightly the recurrence of this matter.

 

Madam Speaker, another matter of concern is that irregular payments have become a permanent feature in the Auditor-General’s Report. It is unacceptable that irregular payments had increased from K26 million in 2014 to K113 million in 2015. Your Committee is of the view that this is an indication of the blatant disregard of financial regulations meant to safeguard public resources.

 

Madam Speaker, what worries your Committee the most is the apparent reluctance by the controlling officers, in most cases, to institute disciplinary action against erring officers to serve as a deterrent to others. Most controlling officers lamented their limited powers in disciplining officers due to the long procedures in instituting disciplinary action. Therefore, your Committee recommends, as a matter of urgency, that the current disciplinary code and procedures for handling offences in the Public Service be revised to necessitate enforcement against officers who float financial regulations and guidelines with impunity.

 

Madam Speaker, your previous Committee, in its report of the Auditor-General’s Report of the Accounts of the Republic of Zambia for the Financial Year Ended 31st December, 2014, bemoaned the extent of the wasteful expenditure caused by a certain controlling officer at his posting in Luapula Province. He chose to stay at a named guest house for over two years, thereby incurring a cost close to K1 million instead of lodging at a Government VIP house which was built by the provincial administration for this purpose.

 

Madam Speaker, your Committee is saddened to note that this trend by the same controlling officer has continued even at his new station. The controlling officer committed the Government to a hotel bill to the tune of K169,000. Your Committee reiterates that it is worrying that such irregularities are perpetuated by controlling officers who are expected to protect public funds. Your Committee observes that this makes it difficult for such controlling officers to enforce financial regulations, as evidenced by the numerous financial irregularities appearing under his jurisdiction in the current Auditors-Generals Report. Your Committee observes, with concern, that all this was done with impunity because disciplinary action was not taken against him in the first place.

 

Madam Speaker, your Committee has repeatedly stated that in the absence of punitive measures, the misuse of public funds will continue unabated. It is in this regard that your Committee impresses upon the Secretary to the Treasury to ensure that stern disciplinary action is taken against the controlling officer. Your Committee further urges the Secretary to the Treasury to ensure that the wasted funds are recovered from the controlling officer without further delay to serve as a deterrent.

 

Madam Speaker, your Committee will continuously ensure that the Government appoints controlling officers on merit in order to reduce on the non-adherence to financial regulations and other applicable regulations. It is very sad to note that some controlling officers, who are also Permanent Secretaries, expressed ignorance about financial regulations while appearing before your Committee and seemed to approve payments without understanding their implications. Your Committee stresses that the controlling officers are key to Budget execution and only when they fully understand all the regulations will they instill confidence in officers working under their supervision.

 

Madam Speaker, your Committee was also privileged to undertake a benchmark foreign tour to Uganda under its programme of work. The main objective of the tour was for your Committee to acquaint itself with the general operations of the Uganda Public Accounts Committee with respect to accountability and financial management. Prominent among the major reforms in public financial management in Uganda was the revision of the Public Finance and Management Act in 2015, which saw the strengthening of financial regulations.

 

Madam Speaker, your Committee is cognisant of the fact that the Public Finance Act of 2004 is currently under review. From the foregoing, your Committee recommends for inclusion in the Revised Public Finance Act:

 

  1. the Treasury minutes that should contain consolidated amounts recovered by the Treasury. Further, the Secretary to the Treasury is to provide adequate funding so that Treasury minutes can be tabled within sixty days, as there is a backlog;

 

  1. sub-warrant holders appointed by the controlling offices be summoned as separate entities to account before your Committee as opposed to the current system where only controlling officers appear, thereby letting the sub-warrant holders go scot-free;

 

  1. the Office of the Controller of Internal Audit be strengthened and its equivalent be that of Permanent Secretary in line with the Institute of Internal Auditors best practices. In addition, the general structure of internal audit mirror the structure of accountability in all ministries, provinces and spending agencies in order to foster accountability in the public sector;

 

  1. controlling officers who fail to act on the reports by internal auditors in all ministries, provinces and spending agencies be sternly disciplined. This will undoubtedly reduce the number of queries contained in the Report of the Auditor-General; and

 

  1. the Secretary to the Treasury, as the chief controlling officer, be empowered to replace controlling officers who float financial regulations.

 

Madam Speaker, allow me to state that your Committee made some general observations and recommendations arising from the consideration of the Report of the Auditor-General on the Account of the Republic for the Year Ended 31st December, 2015, as submitted below:

 

  1. your Committee expresses concern about the dual appointment of the Permanent Secretaries (PSs) by both the President and the Secretary to the Treasury as controlling Officers. In most instances, the Treasury is limited in exercising its powers to institute corrective measures against erring controlling officers because they are also appointed by the President. Your Committee recommends that the Secretary to the Treasury exercise powers conferred on him as the chief controlling officer by the Public Finance Act to ensure that erring controlling officers are disciplined when they contravene financial regulations without hesitation;

 

  1. your Committee expresses concern about the perennial queries by missions abroad in successive Reports of the Auditor-General on the accounts of the Republic. From the nature of queries, it is evident that part of the reason for the numerous queries is the absence of a structured modus operandi on the procedure for the appointment of staff to missions abroad. Your Committee strongly urges the Secretary to the Cabinet to ensure that the Careers Diplomats Bill is tabled in the 2018 Legislative Sitting of the National Assembly without further delay; and

 

  1. your Committee notes, with concern, that  the  failure to mention erring officers from ministries, provinces and other spending agencies, who flout financial regulations and guidelines, has contributed to the continued increase in the number of queries in successive Reports of the Auditor-General on the Accounts of the Republic. This concern has equally been raised by various State and non-State actors in public financial management. Your Committee is of the view that the “name and shame” crusade be incorporated in future reports in an effort to reduce the number of irregularities in the management of public resources.

 

Madam Speaker, I wish to thank you and the Office of the Clerk of the National Assembly for the guidance rendered to your Committee during the session. Let me also thank the Secretary to the Treasury and all the controlling officers, including their representatives who appeared before your Committee, for their co-operation. The deliberations of your Committee could not have been ably concluded without the assistance of the Offices of the Auditor-General, the Accountant-General and the Controller of Internal Audit.

 

Madam Speaker, lastly, but not in any way the least, I wish to express my gratitude to the members of your Committee for their professionalism and tenacity in carrying out their duties during the First Session of the Twelfth National Assembly. Their questions were focused and resulted in the report being presented to this House. I, therefore, commend this report to this House.

 

Madam Speaker, I beg to move.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Does the seconder wish to speak now or later?

 

Mr Chiteme: Tomorrow, Madam Speaker!

 

Laughter

 

Hon. Government Members: Now!

 

Mr Chiteme: Now, Madam Speaker.

 

Laughter

 

Mr Chiteme: Madam Speaker, in seconding the Motion, let me thank the mover for the able manner in which he has highlighted the issues that were deliberated by your Committee.

 

Madam Speaker, the mover of the Motion has ably articulated the views of your Committee on this Motion. I shall, therefore, only make a few comments on the issues that have caught my attention.

 

Madam Speaker, one worrying trend exposed by the Auditor-General Report, …

 

Madam First Deputy Speaker: Order!

 

(Debate adjourned)

 

_______

 

The House adjourned at 1956 hours until 1430 hours on Wednesday, 12th July, 2017.