Wednesday, 25^th October, 2017

 

The House met at 1430 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

_____

 

ANNOUNCEMENTS BY MR SPEAKER

 

RURAL ELECTRIFICATION AUTHORITY (REA)

 

Mr Speaker: I wish to remind the House that the Rural Electrification Authority (REA) will hold a symposium for hon. Members of Parliament on REA on Thursday 26^th October, 2017, between 08:30 hours and 12:30 hours in the Amphitheatre at Parliament Buildings.

 

The Ministry of Energy is formulating a 7,000 km grid extension programme for rural areas in Zambia. The implementation of this project is expected to benefit rural households, schools, health centres, business ventures and Chiefs’ palaces under the Rural Electrification Programme. Further, in collaboration with the Zambia Information Technology Communications Authority (ZICTA), the programme will deliver the much-required information communication technology (ICT) infrastructure in rural schools.

 

It is in this vein that the authority wishes to solicit for the participation of hon. Members of Parliament as key stakeholders in the fulfillment of the objectives of this national assignment. Hon. Members attendance of the symposium is obviously on a voluntary basis.

 

Thank you.

 

Hon. Members: Hear, hear!

 

Mr Livune: Question!

 

INDEPENDENCE GAMES

 

Hon. Members, on 10^th October, 2017, I announced that, as part of the activities to celebrate Zambia’s 53^rd Independence Anniversary, the Ministry of Youth, Sport and Child Development had organised sporting events.

 

I, therefore, wish to inform the House that the games took place on 20^th October, 2017, at the Olympic Youth Development Centre (OYDC) and the results were as follows:

 

Netball

 

Members of Parliament     19      Directors from various ministries        2

 

Hon. Members: Hear, hear!

 

Mr Speaker: Order!

 

Tug-of-War

 

Members of Parliament        2     Diplomats                                          0

 

Hon. Members: Hear, hear!

 

Mr Speaker: Order!

 

On football, I am reliably informed that there was some Parliamentary diplomacy …

 

Hon. Members: Hear, hear!

 

Mr Speaker: … practiced on the pitch by hon. Members and as a result of that, hon. Members of Parliament did not score any goal, but …

 

Hon. Members: Hear, hear!

 

Mr Speaker: … instead, they allowed eight goals.

 

Laughter

 

Mr Speaker: I would like to thank all hon. Members for participating in these events as we were celebrating our 53^rd Independence Anniversary.

 

Thank you.

 

______

 

MINISTERIAL STATEMENT

 

GRADE 9 EXTERNAL AND GENERAL CERTIFICATE OF EDUCATION (GCE) EXAMINATIONS RESULTS

 

The Minister of General Education (Dr Wanchinga): Mr Speaker, I wish to start by expressing my gratitude to you for giving me this opportunity to deliver this important ministerial statement and update this august House on the performance of the candidates in the 2017 Grade 9 External and General Certificate of Education (GCE) Examinations.

 

Sir, allow me to sincerely apologise for the delay in updating the House on this matter. This was due to my ministry’s desire to complete the result listing as well as the distribution of the statements. While awaiting the completion of this process, on Friday, 13^th October, 2017, the Member of Parliamentary for Ikeleng’i Parliamentary Constituency, Hon. Elijah, rose on a point of order and said:

 

“Madam Speaker, I rarely stand on points of order, but this one is quite critical.

 

“Madam, it is the responsibility of the Government to inform the nation on a policy pronouncement and my point of order is on the hon. Minister of General Education. He should have informed this House about the results. The General Certificate of Education (GCE) results came out and the results of over 100 people in my constituency are missing. The hon. Minister of General Education has been quiet, leaving the state of affairs unattended to and the children to guess and check their results electronically. Is he in order to keep quiet and not inform members of the public and the nation what has happened to the missing results? I need your serious ruling, Madam Speaker.”

 

In response to the point of order raised, Madam First Deputy Speaker ruled that:

 

“As is the tradition, the Chair is sure that the hon. Minister of General Education is making preparations to come to this House to make a statement to inform it and, through it, the members of the public about the results. The hon. Minister of General Education will probably indicate, sometime next week, when he is coming to the House with a statement on the results. This is the position of the Chair. It is a tradition.”

 

Mr Speaker, in line with our mandate as a sub-sector of general education, I now wish to state that, as the House may be aware, the Ministry of General Education formally announced the results of the 2017 Grade 9 external and GCE examinations at the same time on Tuesday, 26^th September, 2017. It is important to note that the conducting of and administration of the two examinations ended on 15^th August, 2017, giving us only a one month processing period.

 

Having said so, Sir, it is very cardinal to note that once the results are officially announced, the process is followed by result listing and printing of statements of results. This process takes up to about ten to fifteen days. It is, then, followed by the distribution of results to Provincial Education Offices (PEOs) who, in turn, distribute these results to the districts. It is from the districts that the results are taken to the schools. In the meantime, candidates use their Short Message Service (SMS) system to check on their results.

 

Therefore, Mr Speaker, I would like to place on record that results have been distributed to all districts, including Ikeleng’i. To support my claim, I will lay on the Table proof of a delivery note made on Thursday, 12^th October, 2017. In fact, allow me to thank the Examinations Council of Zambia (ECZ) and staff in the Ministry of General Education for this speedy processing of results. This has partly been made possible because of the training of teachers as examiners in the provinces, which has enabled the GCE examination scripts to be marked in the provincial marking centres. This process has reduced the marking period by about eight days. These innovations will be supported by my ministry.

 

Mr Speaker, the 2017 Grade 9 External Examination was the first to be written after the separation of external candidates from the internal candidates under the revised curriculum of 2013. Likewise, the 2017 GCE Examination was the first to be written under the revised curriculum that began being implemented in 2014 and the third examination since the complete separation of external candidates from internal candidate examinations.

 

Mr Speaker, these two external examinations are designed to give opportunities to citizens that wish to improve their results for various reasons. This is goal is in line with the Sustainable Development Goal (SDG) No. 4 on education, which aims at ensuring inclusive and equitable quality education and promotion of life-long learning opportunities for all citizens.

 

Mr Speaker, allow me to first present highlights of the 2017 Grade 9 External Examination results. A total of 12,498 candidates entered for the 2017 Grade 9 external examination, of whom 5,627 (45 per cent) were male and 6,871 (55 per cent) were female. Of the candidates who entered for the examinations, 11,019 actually sat for the examinations. The breakdown of candidates of those who actually sat for the examination was 4,895 (44.4 per cent) males and 6,124 (55.5 per cent) females.

 

Mr Speaker, when you look at the trends of how candidates have been sitting for the Grade 9 external examinations from 2010 to 2016, you will note that about 65,000 to about 84,000 candidates sat for these examinations annually. The relatively low candidature recorded in 2017, therefore, suggests that some individuals who should have registered as external candidates registered as internal candidates in 2017. However, this is expected to change in 2018 when the internal Grade 9 examination candidates will be expected to use the examination number assigned to them at the time when they wrote the Grade 7 examinations. All examination centres are, therefore, called upon to strictly adhere to the guidelines that apply during candidate registration for both internal and external candidates sitting for all the examinations.

 

Mr Speaker, the national absenteeism rate was 11.8 per cent. This was slightly below the 12.9 per cent which was observed and recorded for the Grade 9 internal examination in 2016.

 

Mr Speaker, let me now discuss the performance of the candidates who sat for this examination. The number of candidates that obtained the actual certificates was 326. This number represents about 3 per cent of the candidates while a total of 6,330, representing about 57 per cent, of the candidates obtained statements. A total of 4,363, representing about 39.6 per cent, of the candidates failed the examination. In general, about 60 per cent of the candidates who sat for the Grade 9 external examination passed. This figure comprises those who obtained certificates and those who obtained statements.

 

Sir, it should be noted here that those we are talking about, who obtained full certificates, were those who sat for the actual required number of subjects to qualify for a certificate. However, the majority of candidates were those who only sat for one, two or three subjects just to ensure that they completed the number of subjects required for them to have a full certificate. 

 

Mr Speaker, I wish to inform the nation that this examination is a make-up examination and, as such, some candidates only entered for one, two or more subjects, but less than the six subjects required for a complete certificate. Thus, they will only obtain statements of results. 

 

Mr Speaker, those obtaining Grade 9 certificates have an opportunity, now, to return to the mainstream school system since they now meet the necessary requirements to continue with their education. Similarly, those who obtained statements have an opportunity, once again, to combine them with earlier statements to make a full certificate and be eligible for selection in Grade 10. This is the opportunity this examination gives to a multitude of our learners who do not make a certificate during the first sitting of Grade 9 examinations.

 

Mr Speaker, the other highlight the House may wish to note is that of the 11,019, who sat for the examination, there were more girls at 67.79 per cent who obtained certificates than boys at 32.21 per cent. Candidates performed better in practical subjects, namely Art and Design, 67.60, Home Economics, 54.70 per cent, Design and Technology, 47.24 per cent, Physical Education, 45.44 per cent and Musical Arts and Education, 42.52 per cent. This performance was much better than was observed in mathematics, science and information and communication technology (ICT) subjects.

 

Mr Speaker, performance in new subjects introduced such the new curriculum, such as the ICT studies, business studies and integrated science and social studies, was much below the pass mark of 40 per cent.  The percentage mean score for languages was below the 40 per cent pass rate with the exception of French in which we observed better performance of our candidates at 50.80 per cent, luvale, 47.29 per cent and in silozi, 45.29 per cent.

 

Mr Speaker, I wish to inform this august House that the grading standard used for this examination was the one used for the 2016 Grade 9 mainstream examination. This was done to ensure comparability of standards for the two examinations. 

 

Mr Speaker, I will now turn to the 2017 General Certificate of Education (GCE) examination results. For this examination, a total of 123,096 candidates registered of whom 41,920 or 34.05 per cent were male and 91,176 or 65.95 per cent were female. This reflects a reduction in candidature by about 1.35 per cent from the 124,780 who registered for the examination in 2016. Out of the 123,096 registered candidates, the actual number that turned up to sit for the examination was 113,647 or 92.32 per cent of whom 37,792 or 33.25 per cent were male and 75,855 or 66.75 per cent were female.

 

Sir, of the total 123,096 who entered, 96,448 were absent, representing a national absenteeism rate of 7.68 per cent. This represented an increase by about 1.35 per cent from 6.33 per cent in 2016 in terms of absenteeism. Therefore, there is a need for us to establish the causes for this increase in absenteeism from examination.

 

Mr Speaker, I would now like to present information regarding the GCE certificate awards. The proportion of candidates who obtained GCE certificates was 83.23 per cent, representing a decrease of 9.68 per cent from 92.91 per cent in 2016. A higher proportion of males, 84.64 per cent, than females, 83.94 per cent, candidates obtained the GCE certificates.

 

Mr Speaker, the national failure rate in the 2017 GCE Examination was 16.7 per cent, representing an increase of about 9.6 per cent compared to 7 per cent in 2016.

 

Mr Speaker, allow me now to update the House on the performance according to subject groups. The best performance was observed in languages, with an overall pass rate of 93.74 per cent in Zambian languages and 83.47 per cent pass rate in English literature. The least performance was in natural sciences where a pass rate of 46.43 per cent was observed.

 

Mr Speaker, I wish to indicate that the Grade 9 external examinations did not record any cases of examination malpractices. However, a total of 743 cases of examination malpractices were recorded during the conduct of the 2017 GCE examination. The majority of these cases were impersonation and assistance in nature. The reported number of examination malpractice represent the extent of vigilance by the Examination Council of Zambia (ECZ) in terms of screening candidates and monitoring the examination process, which resulted in the identification of those people who may have entered the examination room or those who intended to enter the examination room under impersonation.

 

Sir, the Ministry of General Education staff and all other partners who were involved in the GCE examinations are commended for this vigilance. I, once again, wish to commend staff at the ECZ, the Ministry of General Education, school administrators and examiners for identifying those who wanted to benefit from the examination in a fraudulent way.

 

Mr Speaker, in conclusion, we have noted that more female candidates have been entering for the examination than males. Therefore, in absolute terms, this is the trend in the current examinations and this has been going on since 2014. This shows that Zambia is moving well in achieving Sustainable Development Goal (SDG) No. 5 on gender equality and empowerment for all women and girls.

Mr Speaker, I also wish to take advantage of this statement to inform the candidates that the collection of statement of results will only be done at the centres from where the candidates wrote their examinations, and no results shall be issued from the Ministry of General Education or from the Examination Council of Zambia (ECZ).

 

Sir, I also wish to inform the candidates that there is an opportunity for a candidate to access his or her results electronically, using the SMS Result Release System (SRRS) on all mobile networks. The SRRS code is 8383.

 

I thank you, Mr Speaker.

 

Hon. Government Members: Hear, hear!

 

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

 

Mr Muchima (Ikeleng’i): Mr Speaker, in the past, General Certificate of Education (GCE) Examinations were conducted in various schools in the country until recently when the Government decided to run a parallel structure where Grades 9 and 12 dropouts could not be allowed to write the examinations together with those in the regular stream. As far as I am concerned, it is the responsibility of the Government to set up examination centres just like it has set up the schools. Why is it that the Government is reluctant to operationalise examination centres to enable students, who would want to continue with their education, to access them, especially in rural areas where most of them are travelling a number of kilometres to write examinations?

 

Dr Wanchinga: Mr Speaker, I would like to thank the hon. Member of Parliament for Ikeleng’i for that good question. Indeed, it is the policy of Government to ensure that it makes as many examination centres as possible to allow as many people as possible to sit for these examinations.

 

However, Sir, for a place to be designated as an examination centre, there are a number of requirements which must be met. One of these requirements, for instance, is the issue of security. There are many schools or centres that do not have strong rooms in which these examination papers are supposed to be secured. Also, we have to ensure that there is a police post nearby to secure the examination papers ferried by road. Quite often, these vehicles have to be parked at the police station and guarded twenty-four hours before the examinations. The lack of facilities such as police posts is a hindrance to the creation of numerous examination centres.

 

However, Sir, the Ministry of General Education is encouraging as many schools as possible, especially the new schools which are being built, to ensure that they put up strong rooms so that they can become examination centres and allow as many people as possible to access them for examination purposes.

 

Thank you, Mr Speaker.

 

Mr Mutale (Chitambo) Mr Speaker, year in and year out, we hear of examination malpractices. May I find out from the hon. Minister what the ministry is doing to completely stop examination malpractices, and if at all the ministry is thinking of coming up with stiffer punishment for the offenders.

 

Dr Wanchinga: Mr Speaker, that question by the hon. Member of Parliament for Chitambo can be addressed at many levels. The first level relates to the measures that the ECZ and the Ministry of General Education have taken and continue to take to abate the issues of examination malpractices. For instance, the first measure that has been put in place is to ensure that proper records of movements of vehicles leaving the ECZ to deliver examination scripts anywhere in Zambia are kept and that such vehicles have a police escort. There is also a requirement that the vehicle carrying the examination scripts must have two locks and a camera at the back.

 

Sir, when the scripts arrive at a particular examination centre, the strong room must be locked with two locks and not one person should keep the keys to these two locks. They have to be separate people. Further, the vehicles ferrying the examination scripts should be parked at the police station and guarded twenty-four hours. Furthermore, we have also said that vehicles should not move at night.

 

Mr Speaker, these are some of the measures that the ECZ and Ministry of General Education have taken that are being implemented to stop the continuation of rampant examination malpractices.

 

Sir, as regards to the second level of the issue concerning disciplinary measures, the people who are involved in examination malpractices are prosecuted. For example, if somebody is caught with an examination paper, he or she is prosecuted. If it involves a teacher, appropriate disciplinary measures are taken. These are the answers to the questions raised by the hon. Member of Parliament for Chitambo.

 

I thank you, Sir.

 

Mr Kabanda (Serenje): Mr Speaker, on the same question of examination malpractices, it would appear that these students are being taught by teachers with questionable qualifications. Has the ministry done anything to ask the teachers who were found with questionable qualifications to step aside to pave way for investigations?

 

Dr Wanchinga: I beg your pardon, Mr Speaker. I did not hear the question. There is a little problem with the hon. Member who is asking the question because he is too tall that, maybe, there is a wide distance between the microphone and his mouth.

 

Laughter

 

Dr Wanchinga: Can he kindly just repeat the question?

 

Mr Speaker: Can the hon. Member of Parliament for Serenje repeat the question, please.

 

Hon. Members: Bend, bend!

 

Mr Kabanda: Mr Speaker, the issue of examination malpractices has been worrying. It would appear that these students are being taught by teachers with questionable qualifications. What has the hon. Minister of General Education done about the teachers who were found with questionable qualifications? Have they been asked to step aside to pave way for investigations?

 

Mr Speaker: My difficulty with these questions now is that they are departing from the statement. This is time to clarify the statement, which essentially was an announcement of results. Now, we seem to have seized this opportunity to ask anything to do with education.

 

Dr Wanchinga: Mr Speaker, the Teaching Council of Zambia, through the registration process, has been able to identify over 500 teachers who appear to have fake qualifications, for a lack of a better word. These matters have been investigated and the ministry has instituted the process for disciplinary measures, which may culminate in the dismissal of many of them. I cannot tell for sure whether there is a relationship between the prevalence of malpractices and the qualifications of teachers. Although there could be a relation, there is no empirical evidence to support that as at now.

 

I thank you, Sir.

 

Mrs Jere (Lumezi): Mr Speaker, as the hon. Minister was reading his statement, I thought I heard him say that there has been an increase in the absenteeism rate from 6 per cent, last year, to about 7.3 per cent this year. What measures has the Ministry of General Education put in place to ensure that the rate of absenteeism during examinations declines?

 

Dr Wanchinga: Mr Speaker, in my statement, I said that we need to study the issue of absenteeism, but it normally occurs when a candidate has not adequately prepared. There are also times when students will absent themselves for medical reasons. For instance, among the girl child, absenteeism is sometimes due to medical reasons. A person may also have been transferred from one place to another, because these are adults who move up and down. This may contribute to the problem.

 

Sir, this is a good observation. The ECZ and the ministry will endeavour to understand why there has been an increase in absenteeism this year as compared to 2016.

 

I thank you, Sir.

 

Mr Kambita (Zambezi East): Mr Speaker, the hon. Minister’s statement could not have come at a better time, considering the situation in my constituency concerning examinations. There is a case at Zambezi Boarding Secondary School, which is the reason I really want clarification from the hon. Minister concerning the results.

 

Sir, science results for last year’s examinations were withheld at Zambezi Boarding Secondary School and quite a number of pupils were affected. I have a case in point where a child passed with distinctions in every subject, yet does not have science results on the examination slip. Due to this, the child cannot apply to the school of natural sciences.

 

Mr Speaker, reasons for withholding the results have been given and children were asked to write letters to appeal that decision. Is the hon. Minister aware of this case and what is he doing about it? Some of these children, like the case I have mentioned, obtained their results legitimately. Why are the results still being withheld and what should the children at Zambezi Boarding Secondary School do in order to get their science results?

 

Dr Wanchinga: Mr Speaker, I do not have the specific details of that case, but if the hon. Member so wishes, I can bring a clarification on that matter at some later point.

 

I thank you, Sir.

 

Mr Ngulube (Kabwe Central): Mr Speaker, before I ask my question, I want to commend the hon. Minister of General Education for his beautiful suit. At least, it is fitting him well today and I hope he continues wearing this size.

 

Laughter

 

Mr Ngulube: The only one remaining now is the hon. Minister for the Southern Province ...

 

Hon. Members: Hear, hear!

 

Laughter

 

Mr Speaker: Hon. Member for Kabwe Central, have you concluded your business? Perhaps, that is the only business you have.

 

Laughter

 

Mr Ngulube: Sir, that was a light moment.

 

Interruptions

 

Mr Speaker: Order!

 

Mr Ngulube: Mr Speaker, what plans does the Government have to ensure that examination papers reach examination centres at the stated time? We have had situations where pupils wait for examination papers that have been delayed.

 

Dr Wanchinga: Mr Speaker, the hon. Member is right, but those are very isolated cases and they are dealt with as they occur. It is certainly very difficult to anticipate such situations. For instance, there is a case where a vehicle plunged into a river while carrying examination papers at some point last year. Those kinds of instances can cause a delay in the delivery of an examination consignment at a particular examination centre and they are dealt with administratively. The ministry will investigate to determine if there are any cases of that nature occurring. However, I can assure the House that those are very isolated instances.

 

I thank you, Sir.

 

Mr Kamondo (Mufumbwe): Mr Speaker, in Mufumbwe, in particular, there are schools that were suspended because of malpractice. Why should a school or centre be suspended instead of the people that were supervising that examination? Currently, those centres are no longer allowing pupils to sit for examinations. Further, why not re-open old centres instead of opening new ones?

 

Dr Wanchinga: Mr Speaker, that is another situation where I would need further information since it is a specific case. However, what I know is that certain places may have been allowed to conduct examinations on a temporary basis on an ad hoc understanding that the particular place will put in place structures such as the strong room mechanisms for the security of the examination papers and also, for instance, laboratory facilities which are required for the conduct of examinations in science.

Sir, if the conditions are not fulfilled and the time which has been given to that examination centre to remedy the situation lapses, then, that centre can lose its status as an examination centre. Such situations also do occur. I am not quite sure what happened to that particular centre the hon. Member is referring to. Indeed, our idea is that whatever centre is offering examinations must meet the requirements of the ECZ, as stipulated.

 

I thank you, Mr Speaker.

 

Mr Miyanda (Mapatizya): Mr Speaker, in his concluding remarks, the hon. Minister has indicated that the pass rate in Zambian languages is shooting way above 80 per cent while it is coming down as low as 46 per cent in the sciences. Has the hon. Minister conducted any research to ascertain why most pupils across the country do not perform well in sciences?

 

Dr Wanchinga: Mr Speaker, I did not get the last part of the question because his voice was a bit faint.

 

Mr Speaker: Why are the candidates performing poorly in sciences?

 

Dr Wanchinga: Mr Speaker, the issue of pass rate in sciences is a subject of great concern to all of us. Indeed, this has been a problem from time in memorial. For instance, we have had a situation where girls have always avoided mathematics, sciences and technical subjects due to phobia. We have also seen that, perhaps, the poor performance is due to not having enough teachers for sciences and mathematics. That is why in this year’s recruitment drive, we will try to put a lot of emphasis on the recruitment of teachers who will teach sciences and mathematics. Certainly, there are a number of factors. These also include not having enough resources and the poor quality of the teachers of sciences and mathematics. The students tend to give up more on sciences and mathematics when they are challenged with problems.

 

I thank you, Mr Speaker.

 

_________

 

QUESTIONS FOR ORAL ANSWER

 

MOTOR VEHICLE FOR THE DEPARTMENT OF FISHERIES AND LIVESTOCK IN CHITAMBO

 

68. Mr Mutale (Chitambo) asked the Minister of Fisheries and Livestock when a motor vehicle would be provided to the Department of Fisheries and Livestock in Chitambo District to ease operational challenges.

 

The Minister of Fisheries and Livestock (Mr Katambo): Mr Speaker, the Ministry of Fisheries and Livestock is mobilising resources to procure vehicles, motor bikes, motorised boats and other logistics required for use in operations in its Provincial and District Fisheries and Livestock Co-ordinating Offices such as Chitambo. Priority will be given to newly-created districts to make them functional.

 

Sir, in a bid to promote effective utilisation of these resources, the ministry will prioritise existing old district co-ordinating offices that show high returns in revenue collection. In the meantime, the districts, where the Ministry of Fisheries and Livestock has no transport, operations are being supported by other ministries, through the Office of the District Commissions (DCs) until such a time when the ministry will acquire motor vehicles for each district field office.

 

Mr Speaker, I thank you.

 

COLLEGE IN LUANGWA DISTRICT

 

69. Mr Miti (Feira) asked the Minister of General Education:

 

1. whether the Government had any plans to build a college in Luangwa District;

 

1. if so, when construction works would commence; and

 

(c)        if there were no such plans, why?

 

The Minister of General Education (Dr Wanchinga): Mr Speaker, the hon. Member has not specified what kind of a college she is referring to. Since this question is directed to the Ministry of General Education, I will assume the hon. Member referred to the construction of a college of education in Feira Constituency. Having said so, I would like to state that the ministry does not have any immediate plans to construct a college of education in Luangwa District. Instead, it has plans to increase learning facilities for our children in various places. Perhaps, at some future date, it may be possible to consider building such a college in the district.

 

Mr Speaker, just for the benefit of the other hon. Members of the House, let me mention that the Ministry of General Education has teacher training colleges in every province. It also has a special training school for special education teachers. The ministry has about 105 private colleges of education. I am not quite sure how many of these are distributed, for instance, in the constituency where the hon. Member comes from. Indeed, the facilities for teacher education are available countrywide.

 

I thank you, Mr Speaker.

 

Mr Mutelo (Mitete): Mr Speaker, the hon. Minister indicated that he does not know …

 

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

 

Mr Speaker:  A point of order is raised.

 

Mr Lusambo: Mr Speaker, I want to thank you for giving me this chance to raise a point of order. Since I came to this august House, I have never raised a point of order, but this one I have is compelling.

 

Sir, when we come to this august House, we come through political parties that sponsor us. Apart from that, some of our colleagues are here as Independents.

 

Sir, I seek a serious ruling on the matter I am about to raise.

 

Is Hon. Kambwili …

 

Hon. Opposition Members: Question!

 

Mr Lusambo: … in order to masquerade as a Patriotic Front (PF) Member of Parliament for Roan when, in fact, not.

 

Mr Chabi: Aah!

 

Interruptions

 

Mr Speaker: Order!

 

Mr Lusambo: Mr Speaker, on Sunday, in Kitwe, Hon. Kambwili attended and addressed members of the newly-formed political party, the National Democratic Congress (NDC), …

 

Mr Chabi: Hear, hear!

 

Mr Lusambo: … as an interim president. I have evidence to that effect that I will lay on the Table of the House.

 

Sir, is Hon. Kambwili in order to be in this august House masquerading as a PF Member?

 

I thank you, Mr Speaker.

 

Mr Chabi: Masquerading?

 

Hon. Members: Hear, hear!

 

Mr Lusambo proceeded to lay the document on the Table of the House.

 

Ms Jere: What is that?

 

Mr Speaker: My ruling is that as you are, obviously, aware that the hon. Member for Roan was a subject of an expulsion by the PF party.

 

Hon. PF Members: Yes!

 

Mr Speaker: Following that decision to expel him, he proceeded to the High Court to challenge the expulsion, as it where. In terms of our Constitution, whenever a hon. Member of Parliament is subject to expulsion and proceeds to the High Court, that expulsion does not affect his or her membership of the House.

 

Hon. Members: Hear, hear!

 

Mr Speaker: In other words, he continues representing the constituency that elected him under that particular party until, and unless, the matter is finally disposed of by the courts of law.

 

Hon. Members: Hear, hear!

 

Mr Speaker: That is the basis upon which the hon. Member for Roan continues to represent his constituency in this House.

 

Hon. Members: Hear, hear!

 

Mr Speaker: As far as the associations, engagements and interactions …

 

Mr Livune: That is right.

 

Mr Speaker: … that take place beyond Parliament, first and foremost, that is not my business.

 

Hon. Members: Hear, hear!

 

Laughter

 

Mr Speaker: I have no control or jurisdiction over how you relate and who you relate with.

 

Laughter

 

Mr Speaker: If a particular political party has reservations, again, that becomes a matter of party discipline. I do not deal with party discipline.

 

Hon. Members: Hear, hear!

 

Mr Speaker: Party discipline is a matter of internal administration.

 

Hon. Members: Hear, hear!

 

Ms Jere: Exactly.

 

Mr Speaker: So, my construction of membership of the House and your conduct is informed primarily by ...

 

Mr Chabi: And we fight here!

 

Laughter

 

Mr Speaker: ... the Constitution as well as the National Assembly Powers and Privileges Act.

 

That is my ruling.

 

Hon. Members: Hear, hear!

 

Mr Speaker: For clarity’s seek, in due course, of course, you may want to consult Article 72, and more particularly sub-clauses 5, 6 and 7 of the Constitution, which highlight the very matters that I have just referred to.

 

May the hon. Member for Mitete, please, continue.

 

Mr Mutelo: Mr Speaker, in answering one of the questions, the hon. Minister said that the purpose of the college was not specified, but went on to say that assuming the said college is for education, then, there is none. Having assumed that the hon. Member did not refer to a college of education, but one to serve other purposes, does the Government have any plans for another college of education in Feira?

 

Laughter

 

Dr Wanchinga: Mr Speaker, education sector is one of the liberalised sectors in this country. I said that we do not have Government colleges of education in every district. I did mention that we have colleges of education in almost every province.

 

Mr Speaker, I must correct myself, I have already been intimated to that Muchinga Province does not have a college of education. However, when the province was one with the Northern Province, it had a college of education. I must correct myself on that one. We have given opportunities for the private sector to supplement the Governments efforts in providing teacher education. I said that there are about 105 colleges of education, which have registered with the Teaching Council of Zambia. As the House is aware, for a teacher to practice, he or she must register with the Teaching Council of Zambia. For a college of education to be able to certify teachers, he or she must register with the Teaching Council of Zambia. Records at the Teaching Council of Zambia show that there are 105 colleges of education. However, if anybody is interested in knowing the distribution of these private colleges, which is not a preserve of the Government, I can bring that information to the House. As far as Feira is concerned, the Government has no immediate plans to construct a Government college of education in that area as at now.

 

I thank you, Mr Speaker.

 

Dr Malama (Kanchibiya): Mr Speaker, may I take this opportunity to congratulate this country on its 53^rd Independence and salute the freedom fighters for having gained us the Independence. I hope that we shall also be equal to the task by attaining economic independence for the country.

 

Mr Speaker, the hon. Minister has corrected himself and mentioned that Muchinga Province, in fact, has no college of education. Having made reference to the fact that every province has a college of education, is the Government intending to put up a college of education in Muchinga Province?

 

Mr Livune: There two universities there. Nichani?

 

Dr Wanchinga: Mr Speaker, I think it is just logical that Muchinga Province gets its share of educational infrastructure like that being enjoyed in other provinces. Therefore, in due course, we will put it on our cards and ensure that it has a college of education.

 

Thank you, Mr Speaker.

 

________

 

MOTION

 

EXPEDITE THE ENACTMENT OF LEGISLATION ON THE CONSTITUENCY DEVELOPMENT FUND

 

Mr Mweetwa (Choma Central): Mr Speaker, I beg to move that in terms of Article 162(2) of the Constitution of Zambia, this House urges the Government to urgently enact legislation on the management, disbursement, utilisation and accountability of the Constituency Development Fund (CDF).

 

Mr Speaker: Is the Motion seconded?

 

Mr Miti (Feira): Mr Speaker, I beg to second the Motion.

 

Mr Mweetwa: Sir, allow me to begin my submission by thanking you for according me yet another opportunity on the Floor of the House to move a Private Members’ Motion for the sixth time urging the Government to do something about the enactment of legislation on the CDF.

 

Mr Speaker, from the outset, I would like to state that this Motion is non-controversial and, therefore, unreservedly deserves support from both sides of the House.

 

Hon. UPND Members: Hear, hear!

 

Mr Mweetwa: Mr Speaker, it follows up the Motion that was moved by Hon. Chisopa, the Member of Parliament for Mkushi South Constituency, on Wednesday, 16^th December, 2016, …

 

Mr Chisopa: Hear, hear!

 

Mr Mweetwa: … that was couched in the same spirit.

 

Sir, as the House may be aware, the CDF is designed to address decentralised Government funding that is supposed to deliver goods and services directly to constituents by providing additional funds for local community development outside the line ministries’ budgetary allocations. It represents the tenets of decentralisation as an engine for community development in that it is about financing development initiatives at the community level, through the decentralisation of funds and decision-making at the local level.

 

Mr Speaker, as the House may be aware, the CDF in Zambia was first approved by this Parliament in 1995 to help constituencies to meet their developmental challenges through the selection and implementation of community-based projects according to community felt needs and macro community based projects for poverty reduction.

 

Sir, the importance of the CDF cannot be over emphasised, hence its recognition in the Constitution of the Republic of Zambia through Articles 162 (1), which creates the fund, and 162 (2), which provides that an Act shall be prescribed to manage, disburse, utilise and co-ordinate the accountability of the fund.

 

Mr Speaker, it is on this basis that I now propose that the enactment of legislation on the management, disbursement, utilisation and accountability of the CDF be expedited in order to overcome some of the challenges that go with its provisions. It is our considered view that lack of legislation has contributed to the problems that we are currently experiencing in our various constituencies.

 

Sir, since its inception, the CDF in Zambia has grown to a level where it has been recognised as a very important tool for community development in the constituencies and that it provides constituents an opportunity to make choices and implement community projects that maximise their welfare.

 

Mr Speaker, today, in all the various constituencies, the CDF Projects are more prominent, pronounced and recognised as the only development that the electorate and citizens can actually point a finger at …

 

Mr Kampyongo: Question!

 

Mr Mweetwa: … other than, of course, roads in some constituencies.

 

Sir, it is, however, sad to note that the CDF is faced with various challenges associated with its disbursement, management, utilisation and accountability. Amongst those challenges include inter alia the problem of its disbursement from the Central Government. Between 2011 and 2016, and, in fact to date, the Central Government has failed to disburse the CDF, as appropriated in the Budget. This is a very serious challenge and sometimes it is difficult to make a follow up on a fund which has no proper regulated legal framework which backs its existence and utilisation.

 

Mr Speaker, other than the failure by the central Government to disburse the CDF as and when it is supposed to be disbursed as has been the case for three years now, in the past, its disbursement has been selective. You will recall that sometime in 2012 or 2013, the then hon. Minister of Local Government, without shame, disbursed the CDF only to constituencies led by hon. Patriotic Front (PF) Members at the neglect of …

 

Mr Kampyongo: Ask your neighbour there.

 

Mr Mweetwa: … those led by the Opposition.

 

Mr Speaker: Hon. Minister of Home Affairs, I do not expect you to run commentaries.

 

Continue, hon. Member for Choma Central.

 

Mr Mweetwa: Sir, the failure to release the CDF as and when it is supposed to be released makes it difficult for hon. Members of Parliament to plan for development projects in their constituencies. This is because when they receive the CDF, they plan to use it anticipating a follow up funding the following year to ensure that they finish the programmes that they initiate within the five year-term they serve the constituents.

 

Mr Speaker, the second problem associated with the CDF is the issue of the red tape or bureaucracy associated with its disbursement, management and utilisation. Once it has been disbursed by the ministry to the various constituencies, there is heavy red tape which requires the submission of bids by the Ward Development Committees (WDCs) asking the councils, through the CDF Committee and District Development Co-ordinating Committee (DDCC), for the consideration of the projects, various groupings or wards that should be funded.

 

Mr Speaker, at the moment, hon. Members of Parliament do not sit in these councils, notwithstanding the fact that there is a Statutory Instrument which allows them to be part and parcel of the deliberations of the utilisation of the CDF. The original intention of the CDF was to empower hon. Members of Parliament and enable them to have resources that they would use as a stopgap measure to deal with developmental challenges that the Government may not be able to respond to with urgency.

 

Mr Speaker, once the councils have approved the utilisation of this fund, there is a requirement to send these proposals to the Ministry of Local Government, which finally gives approval of developmental projects. The councils have no idea of what is involved, but they hold the implementation of the projects pending ministerial approval, yet the ministry has no idea what it is approving.

 

Sir, the long process associated with the release of this fund is not helping in the implementation of programmes. The other challenges associated with the CDF include the following:

 

1. abuse by contractors of tendering systems working with various local authorities;

 

1. inflated amounts for CDF projects;

 

1. allegations of corruption for officials involved in the management of the CDF;

 

1. non-utilisation of CDF funds even after full council approval, leading to the Government recalling the funds;

 

1. failure to complete CDF funded projects on time and within the budget; and

 

1. the increased monetary expense of K140,000 by the local authority, which can be abused in some cases, instead of directing it to be utilised for developmental needs.

 

Mr Speaker, as I stated earlier, the hon. Member does not sit in these councils, yet this fund should be a direct link between the hon. Member and the people he or she represents. I have indicated that the most tangible thing which people in many constituencies associate the CDF with is infrastructure development, such as roads and hospitals. The CDF is able to reach the most remote areas. Unfortunately, in terms of management, disbursement and utilisation, it is only guided mainly by CDF guidelines, which come from the ministry. This is against the background that, at the moment, Article 162 (2) of the Constitution requires that its disbursement, utilisation, management and accountability be prescribed by this House.

 

Sir, since this is a familiar Motion, which many hon. Members are in favour of, except those with political malice, ...

 

Laughter

 

Mr Speaker: Order!

 

Hon. Member, you have said that this Motion is straightforward, but you are now trying to make it controversial. You are imputing malice even where there is no evidence.

 

Mr Mweetwa: Mr Speaker, I thank you for the guidance. I will ensure that there is no malice in my debate. Let me now come to the most important reasons my hon. Colleague and I thought that it was necessary to come up with this Motion to urge the Executive to expedite the enactment of legislation to do with this fund. This is a constitutional requirement and not merely a requirement by the Opposition or some hon. Members. We have seen some inertia on the part of the Executive in that legislation which has been passed here in terms of constitutional provision is mainly to do with new Constitution. The Government is dragging its feet to bring to this House laws that should operationalise and breathe life into the Constitution so that its provisions can be actualised. One of such is Article 162 of the Constitution, requiring that such legislation, as we are proposing, be brought to this House.

 

Sir, I am saying this against a background of fear because the Patriotic Front (PF) led Executive cannot be trusted to do what is expected of it timely. You will recall that sometime in 2015, I did move a Motion on the Floor of this House, urging the Executive to bring for enactment the Access to Information Bill. This House was told that there were fourteen Acts of Parliament that were acting as a hindrance to the bringing of the Access to Information Bill to be enacted. To date, not a single Act of Parliament has been brought for possible review and alignment with the possible Access to Information law. These are my fears, and so, facts must be stated. This is where laws are made, and if what I am talking about borders on politics, that is not so. It is what has happened.

 

Mr Speaker, you will also recall that on 17^th February, 2016, I moved a Motion, on the Floor of this House, urging the Executive to bring to this House, for amendment, the Public Order Act, in line with the promises that the PF and the United Party for National Development (UPND), as Opposition parties, made prior to the 2011 General Elections. The current hon. Minister of Home Affairs was the Minister of Home Affairs even then. This Government, through the hon. Minister of Home Affairs, assured this House that there was no need to push an open door. I still have that Motion here. I can quote the hon. Minister of Home Affairs, ...

 

Mr Speaker: Hon. Member, I think that you have made your point. That is part of the Hansard now.

 

Mr Mweetwa: Mr Speaker, I thank you. This House was told that there was no need to push an open door. I am debating like this because I do not expect an answer such as the one I got then, but with no action. I am seriously representing the people of Choma Central Parliamentary Constituency here, and so, I do not want to debate issues in this House that will not bear fruit at the end of the day.

 

Mr Speaker, having noted that this Motion will be fully supported by both sides of the House because it is non-controversial and is in the interest of all the hon. Members and in furtherance to our duty of fulfilling the requirements of Article 162 of the Constitution, I beg to move that this House do accordingly urge the Executive to bring for enactment the CDF Act.

 

Sir, I beg to move.

 

Hon. Members: Hear, hear!

 

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

 

Mr Miti: Now, Mr Speaker.

 

Mr Speaker, I would like to start by thanking you for affording me this opportunity to second the Private Member’s Motion, competently moved by the Member of Parliament for Choma Constituency, Hon. Cornelius Mweetwa, …

 

Hon. Opposition Members: Hear, hear!

 

Mr Miti: … urging the Government to expedite the enactment of legislation on the Constituency Development Fund (CDF).

 

Mr Speaker, you may wish to note that in Zambia, the Ministry of Local Government disburses the CDF to constituency development accounts maintained by district councils, specifying amounts due to beneficiaries per constituency. The CDF is a source of funds that is made available to an hon. Member of Parliament to facilitate the implementation of minor projects in his or her constituency.

 

Mr Speaker, the CDF represents a Central Government transfer to the local authorities, which is in line with fiscal decentralisation process. The CDF is a funding arrangement that channels money from the Central Government directly to electoral constituencies for local infrastructure developments.

 

Mr Speaker, you may also wish to note that the CDF in Zambia was introduced in 1995 and remains a model of excellence. This is why it has been replicated within and outside the Southern African Development Community (SADC) region. However, the lack of enabling legislation to guide the management, disbursement, utilisation and accountability is retarding the acceleration of developmental projects.

 

Mr Speaker, allow me, at this juncture, to stress the benefits of the CDF. Firstly, it provides additional discretionary resources for communities to spend on priority areas like water, education, health, infrastructure and/or agriculture. This means that if proper implementation frameworks are put in place and well-managed by communities, the CDF can have a significant impact on national development and poverty reduction.

 

Secondly, Sir, it is a veritable way of addressing poverty and providing the immediate infrastructure that could have evaded the attention of the Central Government. It is always initiated by the legislators from their various constituencies, but executed by the Executive arm of the Government.

 

Thirdly, Mr Speaker, the CDF provides an opportunity for ordinary citizens to have a stronger voice in deciding their local priorities as well as monitoring funds and resources allocated to meet these priorities.

 

Mr Speaker, due to the fact that project proposals are received from the ward development committees and other interest groups, the grassroots have some level of influence on how the funds should be utilised. Thus, the involvement of the local people in identifying priority areas also promotes accountability and transparency and ensures relevance of the projects to people’s needs.

 

Furthermore, Sir, community participatory planning in the use of the CDF can raise awareness and co-ordination about projects being undertaken in the constituency and, above all, it promotes community ownership of the CDF projects. It is also worth noting that the CDF strengthens the linkage between the area Member of Parliament and his or her constituents through frequent and open meetings in which the ordinary citizens are availed progress reports.

 

Sir, due to the allegations which include the lack of transparency and accountability in the implementation process of the CDF, I wish to agree with the mover of the Motion and strongly urge the Government to accelerate the enactment of legislation on the way that the CDF is managed, disbursed, utilised and accounted for. Doing so will ensure that the money, which is obtained under the CDF is utilised for its rightful purposes and will in the long-term lead to the development of constituencies, which will, in turn, lead to the development of the nation at large.

 

Mr Speaker, enacting legislation of the CDF would not only ensure transparency and accountability, but also ensure that the development projects outlive their originators. It will also guarantee continuity of projects and ensure that projects are not abandoned over changes in political representations. Enacting this law will create a transparent framework for the introduction and execution of constituency projects for a more accountable representation.

 

Mr Speaker, as a country, we need to learn from Kenya where the CDF has been successful. Kenya enacted a CDF Act in 2003 to ensure that it was governed in line with the provisions of the Constitution of the Republic of Kenya. The CDF Act stipulates that 2.5 per cent of all Government revenues collected every year be allocated to the fund. The Act has provisions that ensure that the CDF is allocated to constituencies using a formula which is based on the economic dynamics of each constituency. This ensures that funds are allocated to projects that benefit those who need them the most.

 

Mr Speaker, currently in Zambia, the allocation is not equitably done. All the constituencies receive the same amount of money. It is not fair for Feira Constituency to receive the same amount of CDF as an urban constituency with already developed infrastructure. I, therefore, totally agree with the mover of the Motion that putting in place CDF legislation will help to deal with problems related to limited accountability, transparency as well as equity.

 

Mr Speaker, with these few words, I beg to second.

 

Hon. Opposition Members: Hear, hear!

 

Mr Muchima (Ikeleng’i): Mr Speaker, I thank you for giving me this opportunity to add my voice to the debate on this Motion. I also wish to thank the mover and seconder for bringing this necessary Motion to this House.

 

Mr Speaker, it has been the desire of the Movement for Multi-party Democracy (MMD) and the Patriotic Front (PF) Governments to decentralise resource disbursement and devolve power to local communities. The first step has been the issue of the Constituency Development Fund (CDF), which has performed extremely well, whenever it has been disbursed. The matter of the CDF has become controversial for no apparent reason. The issue at hand is because there is no legislation. Enactment of legislation will make a clearer stance of the all the confusion surrounding the CDF.

 

At the moment, Sir, the CDF has been left to the whims of local government officers. This fund has been a bridge in sorting out a lot of necessities or difficulties that are faced at rural level. For those of us who come from rural constituencies, the CDF has been the only money that has been attested to deliver development. However, since the pro-poor Government came into power, it has trivialised the CDF. I do not know what will be the starting point for decentralisation. I do not know why this Government fears to increase the CDF.

Mr Speaker, just a few days ago during the debate on the Budget, the hon. Minister of Finance stood up and almost appealed to the House to give him more time. I suppose this will give us more time to engage him so that this piece of legislation can come into effect quickly. It will also allow the variations to be determined so that the CDF can be increased as well as the enactment the legislation for the disbursement of the funds expedited because, at the moment, the payment of the money is at the whims of …

 

Interruptions

 

Mr Speaker: Order!

 

Hon. Member, take your seat.

 

A group of Back Benchers is disrupting the proceedings.

 

You may continue hon. Member.

 

Mr Muchima: Mr Speaker, before I was interrupted, I was saying that, at the moment, the disbursement of the CDF is at the discretion of the Ministry of Local Government. When we ask him in the corridors, he refers the matter to the Ministry of Finance. The Ministry of Finance also gives an excuse of the poor economy, yet we have seen money being used on useless expenditure.

 

Hon. UPND Members: Hear, hear!

 

Mr Muchima: Mr Speaker, we need the CDF to cater for the whole country. As I am speaking now, I am sure even my colleague on the Government side, agree with me that this matter should be given urgent attention.

 

Sir, the benefits of the CDF are abundant. For instance, the Disaster Management and Mitigation Unity (DMMU) has been struggling to meet the demands of the rural constituencies, where there are blown-up roofs, damaged bridges and other things that would be attended to by the CDF during the MMD Regime.

 

Mr Speaker, it has been difficult for us to wait for the line ministries to disburse the money to us. We have seen the worst suffering of the people in the rural parts of the country during the three years the CDF has not been released. This makes me doubt whether the present administration is a pro-poor Government when it has completely ignored a noble appeal such as enacting this piece of legislation by dragging its feet.

 

Sir, on behalf of the silent majority on the Government side, I would like to congratulate the mover and the seconder of this Motion and state that this Motion should be supported, especially by hon. Members from the rural parts of the country like Kaputa, Nchelenge, Kanchibiya, …

 

Laughter

 

Mr Muchima: … including Mpulungu and Shiwang’andu. We need this money to enable us to address the sufferings of the people in rural areas.

 

Mr Speaker, from 2011 to 2016, the CDF has not been a priority of this Government, yet it is the desire of every Zambian citizen to have access to this money to help them develop their constituencies. The fear that this Government has is that, maybe, people might enrich themselves with this money, yet there is the Zambia Police Service to arrest those who are found wanting. If anything, this has happened before.

 

Mr Speaker, this issue has even become worse because the CDF is now being managed by the local government officers, who are even abusing it more. To make matters worse, we do not see the benefits of the Local Government Equalisation Fund (LGEF) because each time the money comes, it is just being used on travels because there is no control over it. Further, hon. Members of Parliament do not even attend the council meetings, which has allowed the latitude for them to spend the money the way they wish to.

 

Mr Livune: Hear, hear!

 

Mr Muchima: Sir, we are denying the poor people the right to develop and fight poverty.

 

Mr Speaker, I would like to urge the hon. Minister of Local Government to address this Motion with passion and give it the right attention it deserves because it is all about our poor people, especially those who do not have access to electricity, good housing and no good roads. I do not know where the problem is because we are only asking for variations from other line ministries since the money …

 

Mr Speaker: Order!

 

Hon. Member, I have been reluctant to step in.

 

The focus of this Motion by the hon. Member for Choma Central is to expedite the enactment of legislation or provide a legal framework in the administration of the CDF. However, the way you are proceeding is like you are just addressing the CDF in general. You are justifying its rationale and utility when your focus should be on legislation, which is the issue.

 

You may proceed.

 

Hon. Government Members: Hear, hear!

 

Mr Speaker, I am trying to give the background why it is important for us to urge the Government to bring this piece of legislation before the House for enactment because it has been dilly dallying and attaching less importance to this activity. It is for this reason that I am trying to debate in the manner that I am. I want to bring out the good reasons the enactment of this legislation should be brought before the House because the need for the CDF is critical.

 

Sir, when it is enacted, it will cover a lot of areas that I am talking about. It is important for us to appeal to the Government because if we do not do it in the manner I am doing, it may go about it in a business as usual manner. It will ignore the legislation and nothing will happen more especially that this Motion has been moved by an hon. Member of the Opposition. The Government has been quick to bring other pieces of legislations for enactment, yet they are less important in as far as the issues of the CDF are concerned.

 

Sir, I would, therefore, like to urge the hon. Minister of Justice, who is present and is looking at me, to bring the Bill to Parliament because we need it like yesterday, especially that he is the most experienced hon. Minister.  He has been in this Parliament longer than most of us because this is his fourth term. He should bring this Bill tomorrow because this is not a new subject.

 

Sir, I am saying this on behalf of the people in the villages that we need this Bill to be enacted so that we can regulate the councils and some hon. Ministers, who are taking it as business as usual. Both sides of the House feel that it is important to bring this Bill before the House for discussion.

 

Mr Speaker, I cannot continue talking because you have guided that this is non-controversial matter and, therefore, the hon. Minister of Justice should bring the Bill soon.

 

I thank you, Sir.

 

Mr Speaker: Order!

 

I did not say that it is non-controversial.

 

Laughter

 

Mr Speaker: It could be controversial. I said that you must be focused.

 

Laughter

 

Mr Nkombo (Mazabuka Central): Mr Speaker, I will be very brief. First for all, I would like to begin by thanking the mover and the seconder of the Motion.

 

Sir, this seems to me like doing the same thing over and over, but expecting a different result. I do recall that Hon. Chisopa, the Member for Mkushi South, moved a Motion in this House, which was seconded by the hon. Member of Parliament for Namwala and we debated this matter.

 

Mr Speaker, the mover was clear in the titling of the Motion that he was urging the Government to expeditiously bring the legislation, which would ring fence the provisions of Article 162 of the Constitution of Zambia. I suppose there is no contest that eventually, we will have to get to this job because it sits right at the centre of our function, to legislate, which is what we are supposed to do.

 

Mr Speaker, I do recall that in his response, the hon. Minister of Local Government, who is still sitting here, indicated that laws need to talk to one another for them to function smoothly. In the current draft of the Constituency Development Fund (CDF) Bill, there is a reference to the Ward Development Committees, which are not ring fenced in any sort of law. So, what are we supposed to do? I think that in arriving at agreeing to this Motion, the hon. Minister should expeditiously really fast track the legislation of the ward development fund organs so that as the Act is making reference to them, they actually exist. We will, then, move in the right direction. This is a constitutional provision whose enactment we should not even argue about.

 

Mr Speaker, the point is that the hon. Minister of Local Government, in the last instance, had a few challenges because he indicated here that we could not enact the Constituency Development Fund (CDF) Bill because we could not put the cart before the horse. If we enact this law, it will be moribund because it is referring to organs which do not exist. The question, therefore, goes: Why has the existence of those committees not been activated? If the hon. Minister of Local Government brought the committees into existence, there would be no need for us to even spend time urging him to do the right because everything would be juxtaposed. Everything would fall into place.

 

Sir, those who were there before, like Hon. Lubinda, Hon. Mwiimbu here and, maybe, one or two other people like Her Honour the Vice-President and the First Deputy Speaker will remember that when the hon. Member of Parliament for Chifunabuli introduced the CDF, which was at K60,000, in 1995 or 1996, the intention was for it to ensure that it bridged the gap where the Central Government was failing to meet the people’s needs at community level. There is no contest that this fund has done some wonders in our constituencies.

 

Sir, the law that I expect to come regarding the CDF should also include the constitutional provisions under the national values, principles and economic policies of our Constitution, which address the issue of equity. The current draft Bill does not address the issue of equity, unless I missed it and, therefore, stand to be corrected. We have talked over and over again that it is simply an absurdity, as a matter of fact, for Lusaka Central Constituency, as an example, or Kabwata Constituency or even Mazabuka Central Constituency to get the same amount as constituencies where people are very poor such as Shiwang’andu, Nalolo or Mitete.

 

Sir, we also know that the CDF legislation that will come should come face to face with the reality that Lusaka, for instance, collects huge sums of money in grounds and building rates. As a result, the hon. Minister of Local Government should ensure that this issue of equity is fully addressed in that particular law. You cannot give the same amount of money to Lusaka and Pambashe, for instance. Pambashe is very poor. The hon. Member of Parliament there …

 

Mr Syakalima: Is very rich!

 

Mr Nkombo: I did not say that.

 

Laughter

 

Mr Nkombo: Pambashe is extremely poor. For me, that is what I expect the law to address.

 

Sir, it is true that many countries have emulated the model of the CDF, and Kenya is one of them. I know that there are problems in Kenya regarding this matter. Therefore, as I finish my debate, I just want to make some suggestions about what we need to do. I am saying this from a point of experience because I am an experienced hon. Member of Parliament. We need to depart from attaching the hon. Members of Parliament to the CDF because our job is to make laws, provide Budget oversight and represent our constituents.

 

Sir, what I am saying is that some of us have managed to come back to this House three times consecutively because we have made our constituents believe and understand that we have no money of our own to do anything. The role of the Central Government is to provide public services. The trouble that we have had, which has burnt many hon. Member of Parliament’s fingers, is that they want to attach themselves to the CDF.

 

Sir, the people whom we represent require some civic education, as a matter of fact. For example, if the Mazabuka/Kafue Road is not fixed, they will start asking where the area hon. Member of Parliament is. They will even think the hon. Member of Parliament has pocketed the money for the CDF because a road is not developed. Fortunately, I stand on firm ground because I know that the road I mentioned is a trunk road. The hon. Member of Parliament for that area is the Patriotic Front (PF) is the Executive led by His Excellency the President. That road just passes through the area that I represent and it creates headaches for everyone. It creates headaches for the people who come from Walvis Bay the same way it does for those who come from Hamayuwa, the place where people roast goat meat.

 

Mr Speaker, therefore, I just want to caution that if we will legislate based on self preservation by saying let us do this because we want to come back to this House again, we may just burn our fingers.

 

 So, Sir, my plea to the hon. Minister of Local Government is that he agrees with this Motion. It has almost been a year since Hon. Chisopa presented a similar Motion. I think he presented the Motion in December, last year. So, one month from now, we will, again, be in December. I hope he understands that. So, what has he been doing the past twelve months? Why has he not been doing what is supposed to be done?

 

Sir, whether one feels that the draft Constituency Development Fund Bill, in its current form, is unfriendly to our existence in here, it is our job to make laws. Let us have the draft Bill so that we study it and ascertain how hostile it is to everyone, not only to us and amend it accordingly to our benefit and that of everyone else. We need to tie-up those loose ends such as the organs that are referred to in the Constituency Development Fund Bill speaking harmoniously to what we are craving for the hon. Minister to bring here for enactment.

 

Mr Speaker, there are many laws that are still pending enactment and we all agree that due to the hasty manner in which our colleagues on your right hand side enacted this Constitution (holding up the Constitution) …

 

Mr Lubinda interjected.

 

Mr Nkombo: They dragged us along to enact this Constitution and we burnt the midnight candle. We vehemently refused to mutilate the people’s document. In Tonga we say, again, “Twakajikamukwange”. We cooked raw nshima. We have to redo this document (holding up the Constitution) together. At least, for the first time, the hon. Minister of Justice should stop challenging sense. It is the PF that dragged us. We were basically chained and forced to vote. The record is there.

 

Sir, we said no to the removal of provincial assemblies, for instance. We said no to the removal of many other things which would have been speaking to each other in this document. We did not do this document according to the recommendations of the commission led by the late Willa Mung’omba, may his soul rest in peace. As a result, it started disjoining after we amended it here. We should have allowed the recommendations of that commission to go through because that was the people’s voice. Thereafter, we could have collectively sat and said, for instance, this Article in not speaking to this one. This one is also hostile to this subordinate law. So, now can we sit again together and see the problems that are arising from this Constitution.

 

Mr Speaker, for now, I think this Motion is innocent. Hon. Mwale should just convince his friends that his agreeing does not mean that he should bring the Constitution Development Fund Bill for enactment tomorrow. He should first do what needs to be done. Expeditious really means quickly, swiftly and accurately. So, agreeing with this Motion does not mean he brings this Bill at 1700 hours. However, he will then have to bind himself to time by saying he should be given three or six months within which we shall all collectively get this thing right.

 

Sir, I will be shocked today if I hear any dissenting voice from your right hand side because this is a constitutional provision. You cannot shoot yourself in the foot. This document was passed right here and after that, all of them, to the exclusion of some of us, went to Independence Stadium to drink some champagne, eat some caviar and His Excellency the President proceeded to assent to this document.

 

Mr Speaker: Hon. Member, I do not think that reference is necessary. It may not even be factually correct, as a matter of fact. You were debating so well, but have now digressed.

 

Mr Nkombo: Sir, I take that as a compliment, and whatever was not pleasant ...

 

Mr Speaker: Or factually not correct. I was present at that event.

 

Laughter

 

Mr Nkombo: Maybe, there was ...

 

Mr Speaker: I do not want to join in your debate, but let us wind up.

 

Laughter

 

Mr Speaker: You said you would be brief.

 

Mr Nkombo: Mr Speaker, the hon. Minister of Justice, at that time, while sitting where Hon. Lubinda is seated, told us that this document would stand the test of time. Those were his words. He said the Government was consulting with stakeholders. Then, His Excellency the President assented to this document, just under three years ago. My point is that the hon. Minister has to act so that this Motion does not show its ugly face again. He knows that this is something he cannot avoid. So, he should deal with what has to be done in subsidiary legislation to complement this document, and then we will all get it right. There is simply no reason to challenge each other. Whether it is Hon. Mweetwa who has brought it or someone else should not matter. A Patriotic Front (PF) Member, Hon. Chisopa, once brought this Motion and it was shot down. Now Hon. Mweetwa has brought it and it has been shot down.

 

Interruptions

 

Mr Nkombo: Do we have to wait for another hero to do the right thing? I am urging the hon. Minister, now, personally, as a brother and friend, to tell his friends to support this Motion because it is his demeanour when he talks and what he will say that will influence his friends’ decisions.

 

Mr Speaker, as for us this side, we will vote that this law comes for enactment. The issue should be when to bring the law. We will give a moratorium. If he asks for three months, that will not be a problem. Human beings come and go, but institutions remain. However, if he wants six months, we may not give him. However, at least, he must say something positive to us.

 

I thank you, Sir.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mbangweta (Nkeyema): Mr Speaker, thank you for the opportunity you have given me to give some reflection on this matter. I would like to congratulate the mover and seconder for this Motion. In supporting it, I want to say a few words.

 

Mr Speaker, we want legislation because it will give effect to the Constitutional provisions. Legislation will also remove doubt in the application of this issue. As a matter of fact, with my few months of experience here, I have seen that legislation is very important. It will also sit very well with the hon. Minister of Local Government and the hon. Minister of Finance.

 

Last year, a promise was made in this House that the Constituency Development Fund (CDF), which is K1.4 million, would be given to each hon. Member of Parliament on the same day. However, that did not happen. We should not make promises which we do not intend to keep. It is even worse to make promises in this House and not keep them because it does not reflect very well.

 

Mr Speaker, the CDF was a very good innovation, and in the context of decentralisation, which this Government is espousing, it is very important for the common good, especially for the local people. This is because it addresses their concerns directly since the projects and suggestions implemented under the CDF come from them. When they see what they have recommended happening, they feel very happy and comfortable unlike when they see projects from the centre. So, our colleagues on the right should show willingness to release power to the grassroots.

 

Mr Speaker, the other thing, without exception of course, is that our constituents believe that hon. Members of Parliament are capable of bringing about development.

 

Interruptions

 

Mr Mbangweta: I was not here when the CDF was introduced. I am contributing on the basis of what I have found here. The point is, if the CDF was backed by the law, it must be implemented effectively. It does not augur very well for the Government to make promises to hon. Members of Parliament on both sides, when it does not intend to keep them. It is not very good. If there is no money, it is even better to do away with the CDF so that we do not waste time badgering the hon. Minister.

 

Laughter

 

Mr Mbangweta: Sorry, going to the hon. Minister of Local Government often to look for money, which money should have been given by his colleague from the Ministry of Finance. However, because of certain constraints in the system, this is not happening. It is not very good even for the people in those offices who deal with the CDF. They are stressed because different people see them at different times over the same issue. What was the need of giving some people CDF and leaving out others? So, it is better that we have legislation that will indicate exactly how this fund will be managed.

 

Mr Speaker, the other point is the structural arrangement in the management of the fund. I think that also should come in the legislation. We should remove some of the layers which do not add value in the process because they just waste time in the context of what needs to be done. If the hon. Minister approves the committee, what would then be the need for something which the committee has approved to go through other various structures of local government, which only adds to the delay?

 

Sir, the other thing I would like to see in the legislation is when the CDF will be given. I would like to see a situation whereby it is given during the first quarter of the year. Giving those of us in the rural areas the CDF now, for example, would not augur very well because I would not be in a position to exhaustively use it, as the rains have started and it is difficult to get around. However, if it was stipulated in the law that it should be given in the first quarter, we would know that the CDF would be given on a particular date. The CDF is also good because it addresses all the small challenges in our localities.

 

Mr Speaker, I am also in favour of discriminating in the context of the new districts. New districts were created so that services would be taken nearer to the people. Recognising the fact that, maybe, services in new districts are not to the required standards, it does not sit well to give the same amount to all constituencies, that is, those which have already been developed and those that are under developed. Developed constituencies in urban areas receive large amounts of money or support from various players, unlike rural areas where players are few and far between. So, maybe, rural constituencies should be given slightly more money than urban constituencies. That would help the rural constituencies more.

 

Mr Speaker, those are my reflections.

 

I thank you, Sir.

 

Hon. Opposition Members: Hear, hear!

 

Mr Machila (Magoye): Mr Speaker, I rise to support the Motion which was very well-thought.

 

Sir, the Constituency Development Fund (CDF) was designed on the premise of decentralisation, and because of that, local people are involved in the leadership, planning, implementation and supervision of the projects under the CDF. In that vein, I appeal to the hon. Minister of Local Government to speed up the enactment of legislation concerning the CDF so that the bottlenecks are phased out.

 

Sir, the beauty about the CDF, under new legislation, will be that money will go to constituencies timely and adequately. It will also not be disbursed as a favour or prerogative of the hon. Minister. It will not be given out of the mercy of the hon. Minister of Local Government.

 

 Hon. Opposition Members: Hear, hear!

 

Mr Machila: As it stands now, it appears the CDF...

 

Mr Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.

 

[MR SPEAKER in the Chair]

 

Mr Machila: Thank you, Mr Speaker, when business was suspended, I was appealing to other hon. Members of this House to support the Motion on the Floor so that we can legalise the operation of the CDF. The CDF is a community development driver and leads to the realisation of the principle of the Government of the people, by the people and for the people. It is a genuine way of Government intervention to sort out the problems that affect the constituencies, mainly, the rural constituencies.

 

Mr Speaker, early this year, the hon. Minister of Local Government had indicated that he would bring the Constituency Development Fund Bill around June so that we could make it easy for the constituencies to actualise the use of the funds. However, I wonder what happened because the Bill has not been brought here.

 

Sir, I am supporting this Motion with the view that we are reducing some of the challenges that even the hon. Minister of Local Government faces in struggling to get the funds that are approved through the Budget, but are actually not available. So, as we streamline, we will ensure that we put gadgets that will ensure that the funds are released timely and adequately. In that vein, I also propose that instead of the CDF being at K1.4 million, let it be increased. As the Bill comes, let us take care of these aspects. This does not select, but affects all constituencies, much more so rural constituencies.

 

Mr Speaker, my final appeal to all hon. Members of Parliament is to kindly support the Motion because it will make them effective and make the work of the hon. Minister of Local Government a little easier than it is now.

 

Mr Muchima: Hear, hear!

 

Mr Machila: Mr Speaker, it is not a favour, but once we approve this fund, through this Budget, it is supposed to be mandatory that this money is released. However, the way it is now, we keep on lobbying and asking for the money that has already been appropriated to our constituencies.

 

I thank you, Mr Speaker.

 

Hon. Members: Hear, hear!

 

Mr Speaker: I have been following the debate very closely and what I gather now is a repetition of the debate.

 

Hon. Members: Hear, hear!

 

Mr Speaker: This is a very familiar subject. Most of the Members, both on the left and right, are very passionate about it.

 

Hon. Members: Hear, hear!

 

Mr Speaker: The Motion is very specific. It is about legislation and this provision exists in the Constitution. So, I do not think we should spend the whole evening debating on what we should be doing.

 

I will now allow responses from the Executive and I will begin with the hon. Minister of Local Government and, of course, the hon. Minister of Justice will wind up the debate.

 

The Minister of Local Government (Mr Mwale): Mr Speaker, I wish to thank you for giving me this opportunity to respond to the issues that have been raised as regards this Motion on the Floor.

 

Sir, this Motion should be a non-controversial one. However, I am questioning the motive behind it.

 

Hon. Members: Question!

 

Hon. Government Member: Hear, hear!

 

Mr Mwale: The Motion says, “Expedite the Enactment of Legislation on the Constituency Development Fund.” So, the issue is about expediting the legislative processes and ensuring that we have the Constituency Development Fund (CDF) Bill brought to this House. It should be simple.

 

However, so much has been said and people have talked about the amounts …

 

Mr Speaker: You are still me hon. Minister!

 

Mr Mwale: Yes, Mr Speaker. People have talked about how they think we have politicised the release of funds and this is not correct. I can stand here and confirm that almost all Back Benchers …

 

Mr Chabi: No!

 

Mr Mwale: … have received, at least, 50 per cent of the CDF except for fourteen hon. Ministers, and there is no Opposition Minister here. This means that, I, Member of Parliament for Chipangali, has not received the CDF, but Hon. Mweetwa, Member of Parliament for Choma Central, has received it. Hon. Mwanakatwe has not received the CDF, but the hon. Member of Parliament for Petauke has received it.

 

Interruptions

 

Mr Speaker: Hon. Minister, I know you would like to make your point, but try to make it even without singling out individuals. The risk there, again, is that we will now start debating ourselves.

 

Mr Mwale: I am much obliged, Mr Speaker.

 

Mr Speaker: However, you can still make your point.

 

Mr Mwale: I am much obliged, Mr Speaker.

 

My point is that it is not right to stand on the Floor of this House and insinuate that the Government chooses who to give the CDF and even categorically state that it has released the CDF to hon. Members of the Ruling Party and not Opposition Party Members. I can confirm that all Opposition Party Members in this House have received 50 per cent of the fund while fourteen hon. Ministers have not. This is why I am questioning the motive behind this Motion.

 

The other reason I am questioning the motive behind this Motion, Mr Speaker, …

 

Hon. Members: Question!

Mr Mwale: You can question as many times as you like, but this is reality.

 

Sir, the reason I am questioning the Motion is that just last week, I had tea in the office of the Leader of Opposition officially discussing the CDF and where we are in bringing the Bill to the House. It is not my problem if the Leader of Opposition, who is not here, did not transmit this information to his Members. We talked about when we, as a Government, envisage having this Bill in this House and I explained where we are.

 

Hon. Opposition Members: We are not aware!

 

Mr Mwale: If hon. Members are not aware, it is because there is a communication breakdown and not because the Government is not on top of things in doing its business.

 

Mr Kundoti: On a point of order, Sir.

 

Mr Speaker: Hon. Minister, take a seat. We have a new hon. Member there who we need to educate.

 

Mr Mwale resumed his seat.

 

Laughter

 

Mr Speaker: It is an hon. Minister who is speaking. So, it is not possible to raise a point of order on him.

 

Continue, hon. Minister.

 

Mr Mwale: Mr Speaker, the other reason I am questioning the motive of this Motion is that I have engaged hon. Members of Parliament so many times on the issue of the CDF. We have had several meetings, including some in the hall where we have our tea. The hon. Member for Mazabuka Central, who debated earlier, and is Opposition Chief Whip, is well vested in these matters and could have explained to the hon. Members that we are done with the preparations for the Constituency Development Fund Bill.

 

Sir, the Constituency Development Fund Bill is ready and it can even be tabled in this House today. However, it makes reference to Ward Development Committees (WDCs), which are not established by any Act of Parliament. They are established by way of circular from the Decentralisation Secretariat and there is no way we can have a Constituency Development Fund Act referring to a structure that does not exist in the law.

 

Sir, therefore, we decided to bring the Local Government Act to this House that must establish ...

 

Hon. Opposition Members: Aah!

 

Mr Mwale: ... the WDCs.

 

Mr Chabi: Question!

 

Mr Kambwili interjected

 

Laughter

 

Mr Mwale: We must bring the Local Government Act to this House so that it establishes the WDCs in order for the Constituency Development Fund Bill to refer to that Act.

 

Mr Speaker, hon. Members of Parliament are interested in the CDF, councillors are telling the Government that they want to chair the WDCs and there are also other stakeholders who are interested in what happens in the WDCs. We have said that we must take our time to ensure that we have all this well-defined ...

 

Hon. Opposition Members: Question!

 

Mr Mwale: ... so that when we bring the two Acts to this House, all of us will be satisfied.

 

Sir, whilst we are waiting for this, has the Government denied hon. Members of Parliament access to the CDF? No. The CDF is being released at the moment. In fact, the Government has even become more flexible. Since hon. Members of Parliament are not members of the councils, there is no need for approval of projects to go through the councils, as the hon. Minister shall approve on their behalf. We are being flexible ...

 

Hon. Opposition Members: Question!

 

Mr Mwale: ... in ensuring that all hon. Members access the CDF.

 

Mr Speaker, the hon. Minister has been very kind. We had not received the CDF for the last four years, ...

 

Hon. Opposition Members: Aah!

 

Mr Syakalima: We do not need kindness!

 

Mr Mwale: ... but this year, we have been able to access, at least, 50 per cent with the other 50 per cent scheduled to come before the end of the year, as promised by the hon. Minister of Finance. Have we been denied the CDF? The answer is no. Whilst we are working on the two Acts, we are able to get CDF from the Government in order to spend in our constituencies and provide the good services that we talk about.

 

Sir, ordinarily, this should be a non-controversial Motion. I have engaged the Leader of the Opposition and the Opposition Whip is very knowledgeable about this. I doubt what we want to achieve by this Motion. There are better things we could have brought to this House.

 

Hon. Opposition Members: Question!

 

Mr Mwale: We were discussing the CDF in this House just under a year ago.

 

Mr Chabi: Iwe!

 

Mr Mwale: Are there no other pressing issues that we can discuss as opposed to this matter which is straight forward?

 

Hon. Opposition Members: Aah!

 

Mr Speaker: Hon. Minister, take a seat.

 

Mr Mwale resumed his seat.

 

Interruptions

 

Mr Speaker: Order!

 

Hon. Minister, you indicated in your own debate, fairly so, that there could have been a breakdown in communication and, maybe, it is better to rest the point there. You tried your best by communicating to certain stakeholders, but as you point out, there could be a breakdown.

 

Mr Mwale: On their side!

 

Mr Speaker: Leave it at that. If there was no communication and people took this initiative, according to the rules of the House, then, I am obliged to process these things.

 

Hon. Opposition Members: Hear, hear!

 

Mr Speaker: So, we just debate here.

 

Mr Livune: That is right.

 

Mr Speaker: That is the very essence of a Parliament. Everybody gets up to speak. I stopped these other debates so that we get to the point and avoid wasting more time. There were about six or seven other people who wanted to speak, but I said it was unnecessary. Therefore, make your point. The breakdown of communication has been acknowledged.

 

Mr Mwale: Mr Speaker, with that guidance, I want to say that those responsible for the breakdown ...

 

Mr Nkombo: No!

 

Hon. Opposition Members: Aah!

 

Mr Mwale: ... of this information must not cause unnecessary embarrassment to those on this side.

 

Hon. Government Members: Hear, hear!

 

Hon. Opposition Members: Question!

 

Mr Mwale: They must take responsibility because we have done our best.

 

Sir, His Excellency the President, Mr Lungu, has said that we are developing this country without leaving anyone behind. We are giving the CDF to the Opposition even before others receive it.

 

Hon. Opposition Members: Aah!

 

Mr Nkombo: On a point of order!

 

Mr Mwale: Mr Speaker, ...

 

Interruptions

 

Mr Speaker: You are still on the Floor.

 

Mr Mwale: The Government is on top of things. This Bill will come soon, but it will not be pushed by those who are causing breakdowns in communication among themselves.

 

I thank you, Sir.

 

Interruptions

 

Mr Speaker: Order!

 

Let us listen to the hon. Minister in silence.

 

The Minister of Justice (Mr Lubinda): Mr Speaker, ...

 

Interruptions

 

Mr Speaker: Just wait, I want to have order here. I know this is a very emotive subject, but we still have to do our business orderly.

 

Continue, hon. Minister.

 

Mr Lubinda: Mr Speaker, let me start by commending the hon. Minister of Local Government for the information that he has shared concerning the Constituency Development Fund (CDF). The issue at hand is constitutional. Article 162 of the Constitution provides that the CDF shall be managed in accordance with an Act of Parliament and, indeed, this Government has a duty to come up with that piece of legislation and all other pieces of legislation, as are provided for in the Constitution of the land.

 

Sir, having said that and adding to what the hon. Minister of Local Government spoke about, the question is: What is intended to be achieved by this Motion? What mischief are we trying to cure?

 

Mr Speaker, I heard debate concerning equity versus equality. I also heard concerns about the release of the CDF. I wonder whether there will be a law that we will speak to when the CDF shall be released …

 

Interruptions

 

Mr Lubinda: … because what this Government pledged to do is to come up with a Budget Act, which will address issues of budgeting and releasing of resources generally, and not necessarily, the Constituency Development Fund Act.

 

Sir, the second question is: Has there been any challenge with the release of the CDF this year as a result …

 

Interruptions

 

Mr Lubinda: … of the non-passage of the Bill? As we have heard, only fourteen, …

 

Mr Belemu interjected.

 

Mr Speaker: Hon. Member for Mbabala, exercise self-control. Give him chance.

 

Continue, hon. Minister.

 

Mr Lubinda: Mr Speaker, the information we have gathered is that, in 2017, when, indeed, the Government should come up with the prescription of the law, only fourteen constituencies, so far, have not received any part of their CDF. Will the passage of Constituency Development Fund Act now necessitate the release of the CDF to the fourteen constituencies? No. Like the hon. Minister indicated, the Government is committed to releasing the CDF to all constituencies.

 

Sir, it is really heartening to listen to the hon. Minister explain that, in fact, the fourteen constituencies that have not received the CDF are represented by hon. Ministers. All the Opposition Members of Parliament have received their CDF.

 

Interruptions

 

Mr Lubinda: Sir, all the constituencies have received, at least, 50 per cent of the CDF. What I would like to emphasise is that I was very happy to hear some of my colleagues on the Opposition acknowledging the fact that the Constitution that we have in the country, requires refining. That is a non-contentious issue. I think that we should leave the past to history, where it belongs. There is totally no need for us to use this Motion to apportion blame because on this side (right) of the House, we are also capable of indicating the kind of trouble that this House had with regard to the push for the enactment of that Constitution, word for word.

 

Mr Speaker, you may recall that in 2014, Hon. Gary Nkombo moved a Motion in this House to urge the Government to release the people’s Constitution.

 

Mr Livune: Hear, hear!

 

Mr Lubinda: Mr Speaker, you may recall the amount of trouble that this House went through to try to calm down the emotions over the Constitution. The Constitution was brought to this House and all those hon. Members of Parliament whom we have succeeded sat here and had an opportunity to interrogate the Constitution. Nobody was gagged. So, to that extent, I would like to agree with Hon. Nkombo that we should take responsibility totally and equally. It is not time for us to play the blame game. We owe it to the Zambian people to ensure that we give them a Constitution that is speaking to itself and not the one with so many lacunas and inconsistencies.

 

Mr Speaker, in so doing, I would like to just make one other point very clear. Section 21 of Act No. 1 of 2016 has transitional provisions and is very instructive. It says there will be transition. All existing laws, even those that are required to be amended, for as long as they are not amended, shall take effect. This is the reason the hon. Minister of Local Government had the authority to ask the Treasury to release the CDF because that law has not been amended. Until such a time that it is amended, we will continue with business as usual.

 

Mr Speaker, it is in the interest of all of us to come up with the Constituency Development Fund Act so that we can manage these resources. Like the hon. Minister indicated, the Act will speak to much more detail than what has been discussed here. It will clarify on who is it who has the authority to decide on the projects in the constituencies. In order to do that, we also have to look at other pieces of legislation that are provided for in the law. Parts 9, 10 and 11 of the Constitution talk to local governance and devolution of power. The CDF committee, which the hon. Minister is so concerned about is part of that devolved structure. It is provided for also in the other article in the Constitution. This means that we ought to ensure that when we come up with Constituency Development Fund Act. It should speak to the Local Government Act.

 

Sir, the process is not as easy as it sounds. We rushed to the Constitution and it has brought us where we are today. When Hon. Mwale says we should not rush through the Constituency Development Fund Act and the Local Government Act, it is because it is the desire of this Government to ensure that the piece of legislation it brings stands the test of time.

 

Sir, finally, the Government is committed. I did indicate that it is refining the Constitution. One of the Members on the other side made reference to the Public Order Act. As way back as March, 2017, I appealed on the Floor of this House for submissions to the Public Order Act. Somebody on the left said nothing has happened so far. I want to thank the Chief Whip of the United Party for National Development (UPND) because at very long last, I received a submission from the UPND. There is everything wrong with it.

 

Hon. Nkombo interjected.

 

Mr Speaker: Hon. Members, give me a chance. Let us not construct a dialogue here. There is no need for that. The hon. Minister is just winding down. He wants to explain that point. Give him the liberty to express it in the manner he wants to. There is no need to censor each other here.

 

 Continue, hon. Minister.

 

Mr Lubinda: Mr Speaker, the Public Order Act is as important as the Constituency Development Fund Act. If there is a need for us to expedite Constituency Development Fund Act, we should have also shown resolution in expediting the Public Order Act Amendment. I asked for submissions to the Constitution but, to date, we have not received any, yet people are saying that we should expedite the enactment of Constituency Development Fund Act. Which is more important? Is it the Constitution or the said Act?

 

Mr Speaker, I am saying this to indicate to the House and the people out there that this Government is in control of its programmes. The Government has a programme and I am responsible for the legislative programme of this Government. I have indicated to everybody in this House the issues that are a priority. For us, as a Government, the first one is the Constitution. That is priority. I brought in the Public Order Act because it was a very topical issue and it still is. Every person takes pleasure in talking about the Public Order Act. When I tell the hon. Members to come to tell us where the problem is, they refuse to submit. Instead, they come to demand for the enactment of the Constituency Development Fund Act to be expedited. What will it achieve when the CDF has already been received?

 

Interruptions

Mr Lubinda: Sir, I want to speak very candidly. I have spoken to my colleagues in the Cabinet and the hon. Minister of Local Government that the Constituency Development Act is extremely important in so far as accountability is concerned. I want this legislation as urgently as yesterday so that the utilisation of people’s money, through CDF, is brought under strict scrutiny. So, to avoid the incidents of the past, where people were failing to account for CDF, people were using the CDF to buy equipment that has not come to date, five years after it was paid for.

 

Mr Livune: Question!

 

Mr Lubinda: Those are the aspects that are important for me. Not necessarily the aspect of how much is released because that is debated through the Budget not through the Constituency Development Act.

 

We have listened and I am sure that you, Mr Speaker, and everybody who listened have come to the conclusion that this Motion does not seek to achieve anything at all.

 

Mr Livune: Question!

 

Hon. Opposition Members: Aah!

 

Mr Lubinda: Sir, this Motion is meant to exercise our debate abilities. That is all it achieves and I am sure we have given it the time that it deserves, as an exercise of debate, because everybody knows that we are on top of things and we have a programme.

 

Interruptions

 

Mr Lubinda: Sir, because of that, as a person responsible for the Ministry that is looking at legislation, I would like to say that we will not be pushed. We were pushed over the Constitution. You saw the people who were standing here (pointing at the centre of the Assembly Chamber). They stood here almost dancing Ngoma yabukali. A dance for warriors.

 

Mr Livune: Question!

 

Mr Lubinda: That is how we were pushed. Over the programme that we have, these hon. Minsters are extremely equal to the task.

 

Hon. Opposition Members: Question!

 

Mr Lubinda: They are up to the task and they know what they want to do and they will do it in good time.

 

Therefore, Sir, I would like to appeal to her Honour the Vice-President and, through her, my colleagues, the progressive members of the Patriotic Front, to not allow back door legislation such as this one we are debating. To try to create an impression that the United Party for National Development (UPND), and Hon. Mweetwa in particular, is the one who is more concerned about the CDF than all of us is an attempt to bring in back door legislation.

 

Hon. Opposition Members: Aah!

 

Mr Speaker: Hon. Minister, take your seat.

 

Interruptions

 

Mr Speaker: Let us have some order.

 

Hon. Minister, the hon. Member for Choma Central has done his bit ...

 

Hon. Opposition Members: Yes!

 

Mr Speaker: … and I allowed this Motion. It has been debated and we are on the verge of concluding the debate. Let us conclude the debate.

 

May the hon. Minister continue with his debate.

 

Mr Lubinda: Sir, in concluding, I would like to appeal to …

 

Mr Nkombo: Say sorry.

 

Mr Lubinda: I would like to ask Hon. Garry Nkombo to apologise for his selective amnesia that he comes here …

 

Mr Speaker: Hon. Minister, …

 

Laughter

 

Mr Speaker: … there is no need.

 

Interruptions

 

Mr Speaker: I do not want to curtail the debate of an hon. Government Minister.

 

Mr Livune: Just tell us a story from Kabwata.

 

Mr Speaker: May the hon. Minister continue.

 

Mr Lubinda: Sir, in concluding, I would like to put it on record that the Government is totally and squarely opposed to this Motion because it has its own legislative programme which includes not only the Constituency Development Fund Act, but many other pieces of legislation. In due course the Government will come to present to this House all the various Bills.

 

Sir, as you have seen, we have already started with the Corporate Insolvency Bill, which will be under consideration today. The Companies Bill will follow and many other Bills will certainly be brought before the House. Therefore, we, on this side of the House, would not like to waste time on this Motion. We will, therefore, oppose it.

 

I thank you, Sir.

 

Mr Mweetwa: Mr Speaker, allow me to thank all the hon. Members who have taken time to debate this Motion. I would also like to pay particular gratitude to the two hon. Ministers for exposing their level of understanding of what their duty is for this country.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mweetwa: Mr Speaker, in winding up debate, allow me to state that the kernel of this Motion was straight forward, to urge the Government to expedite …

 

Mr Nkombo: Kwamana!

 

Mr Mweetwa: If the Government is doing it, we urge it to expedite. Why would it want to refuse to expedite?

 

Hon. Opposition Members: Eh!

 

Mr Livune: Hear, hear!

 

Mr Mweetwa: Mr Speaker, sometimes, I am at a loss to find that Motions that are none controversial and transcend partisan boundaries are politicised …

 

Mr Speaker: Do you know what you are doing, hon. Member?

 

You are going back to your debate when you moved the Motion. The same issues which you raised, you want to repeat. I do not want to curtail your debate as well.

 

Kindly wind up debate.

 

Mr Mweetwa: In winding up, Sir, I would like to urge all hon. Members of Parliament, who feel that it is their obligation to legislate over the CDF, to support this Motion, That way, we can deal with the current challenges of the CDF in line with the workshop that the hon. Minister had called for, but did not succeed because hon. Members called for the matter be legislated upon. This Motion is none controversial and beyond cheap political lenses looking at it as partisan. It serves the interest of all us as a nation.

 

Mr Speaker, I urge all hon. Members to support this Motion.

 

I thank you.

 

Hon. Opposition Members: Hear, hear!

 

Question that this House urges the Government to expedite the enactment of legislation on the management, disbursement, utilisation and accountability of the Constituency Development Fund put and the House voted.

Interruptions

 

Mr Speaker: Order! The outcome of the voting is as follows;

 

Ayes – (46)

 

Noes – (51)

 

Abstentions – (0)

 

Question that this House urges the Government to expedite the enactment of legislation on the management, disbursement, utilisation and accountability of the CDF put and negatived.

 

__________

 

BILL

 

HOUSE IN COMMITTEE

 

THE CHAIRPERSON OF COMMITTEES in the

Chair]

 

THE CORPORATE INSOLVENCY (Amendment) BILL, 2017

 

The Chairperson: Clause 1 …

 

Mr Nkombo: On a point of order, Madam.

 

The Chairperson: Is there a problem? We are in Committee.

 

Mr Nkombo: Madam, the problem is big. It concerns me, but I also suspect that it concerns all of us. The Hon. Mr Speaker just read out the results that were not reflecting on our gadgets. The results we saw on our gadgets are totally different from those he saw and read. We now think there is a problem with the electronic system.

 

Hon. PF Members: Aah!

 

Hon. UPND Members: Yes!

 

Mr Nkombo: That is a fact. The results I saw and those the Hon. Mr Speaker read are totally different. We now suspect that the system is malfunctioning because we do not want to hold the Hon. Mr Speaker in doubt.

 

Madam Chairperson, in order to settle this issue, it is within your power that we redeem ourselves simply by keeping the doors closed and doing a physical count of the people who are here …

 

Hon. UPND Members: Yes! Hear, hear!

 

Mr Nkombo: … so that we maintain the integrity of this House.

 

Hon. UPND Members: Yes!

 

Mr Nkombo: The fact of the matter, and all the hon. Members there (referring to the hon. PF Members) know that the results the Hon. Mr Speaker read on his screen and the ones we all saw are different.

 

Madam, I seek your guidance on this matter.

The Chairperson: My guidance is that, obviously, I will have to bring this to the attention of the Hon. Mr Speaker, as a complaint from you. He will, then, deal with the matter at an appropriate time. As of now, we will proceed with the Business of the House, that is, the Committee Stage of the Corporate Insolvency Bill. However, I will bring your issue to the attention of the Hon. Mr Speaker.

 

Clause 1 ordered to stand part of the Bill.

 

CLAUSE 2 – (Interpretation)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 2, on page 10, in lines 36 to 38 by the deletion of the definition of “body corporate” and the substitution therefor of the following:

 

“body corporate” has the meaning assigned to the word in the Companies Act of 2017.

Amendment agreed to. Clause amended accordingly.

 

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

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 3, on page 18, in lines 28 and 29 by the deletion of the words “or manager”.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clauses 4, 5, 6, 7 and 8 ordered to stand part of the Bill.

 

CLAUSE 9 – (Eligibility for appointment as receiver)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 9, on page 21 and 22:

 

1. in line 38 by the insertion of the words “at least” between the words “of” and “seven”; and

 

1. in lines 4 and 5by the deletion of the words “has a mental physical disability that would make the person” and substitution therefor of the words “by reason of a mental disability”.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clauses 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 ordered to stand part of the Bill.

 

CLAUSE 21 - (Resolution to begin business rescue proceedings)

 

Mrs Mwanakatwe: Madam Chairperson, I am just surprised that people who were talking about expediting Bills have left the House. However, I beg to move an amendment in Clause 21, on page 27:

 

1. in line 3 by the deletion of the word “shareholders” and the substitution therefor of the word “members” and

 

1. by the insertion of the words “by special resolution” immediately after the word “may”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 21, as amended, ordered to stand part of the Bill.

 

Clause 22 ordered to stand part of the Bill.

 

CLAUSE 23 – (Court order to commence business rescue proceedings)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 23, on page 30, in line 14 by the insertion of the word “the” between the words “and” and “official”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 23, as amended, ordered to stand part of the Bill.

 

CLAUSE 24 – (Duration of business rescue proceedings)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 24, on page 31, in line23 by the insertion of the word “the” between the words “and” and “Official”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 24, as amended, ordered to stand part of the Bill.

 

Clauses 25, 26, 27 and 28 ordered to stand part of the Bill.

 

CLAUSE 29 – (Invalidation of transfer of securities other than by ordinary course of business)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 29, on page 35, in line 40 by the deletion of the word “has”.

 

I thank you, Madam.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 29, as amended, ordered to stand part of the Bill.

 

CLAUSE 30 – (Qualifications of business rescue administrators)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 30, on page 36, in line 6 by the insertion of the words “or has other qualifications as prescribed” after the word “receiver”.

 

I thank you, Madam.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 30, as amended, ordered to stand part of the Bill.

 

Clause 31 ordered to stand part of the Bill.

 

CLAUSE 32 – (General powers and duties of business rescue administrator)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 32, on page 37, in line 18 by the deletion of the word “be” between the words “not” and “liable”.

 

I thank you, Madam.

Amendment agreed to. Clause amended accordingly.

 

Clause 32, as amended, ordered to stand part of the Bill.

 

Clauses 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 ordered to stand part of the Bill.

 

CLAUSE 46 – (Compromise between company, creditors and members)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 46, on page 49, in line 4 by the insertion of the word “or” between the words “compromise” and “arrangement”.

 

I thank you, Madam.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 46, as amended, ordered to stand part of the Bill.

 

Clauses 47, 48, 49, 50, 51, 52, 53 and 54 ordered to stand part of the Bill.

 

CLAUSE 55 – (Jurisdiction over winding up proceedings)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 55, on page 54, in line 17 by the insertion of the word “and” immediately after the “semicolon”.

 

I thank you, Madam.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 55, as amended, ordered to stand part of the Bill.

 

Clauses 56 and 57 ordered to stand part of the Bill.

 

CLAUSE 58 – (Commencement of winding up by court)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 58, on page 56, in line 12 by the insertion of the word “special” between the words “a” and “resolution”.

 

Madam Chairperson, I thank you.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 58, as amended, ordered to stand part of the Bill.

 

Clauses 59, 60, 61 and 62 ordered to stand part of the Bill.

 

CLAUSE 63 – (Avoidance of attachments)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 63, on page 57, in line 37 the deletion of the word “effects” and the substitution therefor of the word “assets”.

 

I thank you.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 63, as amended, ordered to stand part of the Bill.

 

The Deputy Chairperson: Order!

 

Business was suspended from 1810 hours until 1830 hours.

 

[THE CHAIRPERSON OF C OMMITTEES in the

 Chair]

 

Clauses 64, 65, 66, 67, 68, 69, 70 and 70 ordered to stand part of the Bill.

 

CLAUSE 71 – (Custody and vesting of company’s property)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 71, on page 61, in line 38, by the insertion of the word “the” between the word “and” and “Official”.

 

Amendment agreed to. Clause amended accordingly. 

 

Clause 71, as amended, ordered to stand part of the Bill.

 

CLAUSE 72 – (Statement on company’s affairs)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an in Clause 72, on page 62

 

1. in line 22, by the insertion of the word “or” between the words “person” and “through “; and

 

1. in line 36, by the insertion of the word “the” between the words “and” and “Official”.

 

Amendment agreed to. Clause amended accordingly. 

 

Clause 72, as amended, ordered to stand part of the Bill.

 

CLAUSE 73 – (Report by liquidator)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 73, on page 64, in line 33, by the insertion of the words “as prescribed” after the words “disqualification”.

 

Amendment agreed to. Clause amended accordingly. 

 

Clause 73, as amended, ordered to stand part of the Bill.

 

Clauses 74, 75, 76, 77, 78, 79 and 80 ordered to stand part of the Bill.

 

CLAUSE 81 – (Appointment of special manager)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 81, on page 70, in line 30, by the deletion of the words “pursuant to” and the substitution therefor of the word “under”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 81, as amended, ordered to stand part of the Bill.

 

Clauses 82, 83 and 84 ordered to stand part of the Bill.

 

CLAUSE 85 – (Power to order public examination)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 85, on page 72, in line 25, by the insertion of the word “represented” between the words “or” and “by”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 85, as amended, ordered to stand part of the Bill.

 

CLAUSE 86 – (Power to arrest absconding member or officer)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 86, on page 73, in line 29, by the deletion of the word “respecting” and the substitution therefor of the words “in respect of”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 86, as amended, ordered to stand part of the Bill.

 

Clauses 87, 88, 89, 90, 91 and 92 ordered to stand part of the Bill.

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 93, on page 76:

 

1. in line 8

by the insertion of the word “the” between the words “and” and “Official”; and

 

1. in line 9

by the deletion of the word “between”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 93, as amended, ordered to stand part of the Bill.

 

Clauses 94, 95, 96, 97, 98 and 99 ordered to stand part of the Bill.

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 100, on page 79, in lines 11 and 12, by the deletion of the words “during a voluntary winding-up”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 100, as amended, ordered to stand part of the Bill.

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 101, on page 79, in line 15, by the deletion of the coma and the words “and the decision of the Court shall be final”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 101, as amended, ordered to stand part of the Bill.

 

CLAUSE 102 – (Powers and duties of liquidators during voluntary winding-up)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 102, on page 79, in line 15, by the insertion of the words “exercise the liquidator’s powers under this Act in a winding up by the Court” after the word “company”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 102, as amended, ordered to stand part of the Bill.

 

Clause 103 ordered to stand part of the Bill.

 

CLAUSE 104 – (Annual meeting of members and creditors)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 104, on page 80, in line 29 by the insertion of the word “convene” between the comma and the word “separate”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 104, as amended, ordered to stand part of the Bill.

 

CLAUSE 105 – (Final meeting and dissolution of company)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 105, on page 81, in line 15 by the insertion of the words, “or other media” after the word “Zambia”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 105, as amended, ordered to stand part of the Bill.

 

CLAUSE 106 – (Arrangement entered before or during voluntary winding up binding)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 106, on page 81, in line 39 by the deletion of the word “voluntary” and the substitution therefor of the word “voluntarily”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 106, as amended, ordered to stand part of the Bill.

 

Clauses 107, 108, 109 and 110 ordered to stand part of the Bill.

 

CLAUSE 111 – (Conduct of meetings of creditors)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 111, on page 83, in line 11 by the deletion of the words “fourteen days’ notice shall be given” and the substitution therefor of the words “the company shall within fourteen day of the Order give notice”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 111, as amended, ordered to stand part of the Bill.

 

CLAUSE 112 – (Eligibility for appointment as liquidator)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 112, on page 83:

 

1. in line 22 by the deletion of the words “a person”;

 

1. in line 30 by the deletion of the words “is a person who”; and

 

1. in line 32 by the deletion of the words “is a person who”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 112, as amended, ordered to stand part of the Bill.

 

Clause 113 ordered to stand part of the Bill.

 

CLAUSE 114 – (General provisions on liquidators)

 

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 114, on page 84, in line 41:

 

1. by the deletion of the comma after the word “property”; and

 

1. by the insertion of the word “or” between the words “property” and “records”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 114, as amended, ordered to stand part of the Bill.

 

Clause 115, 116,117,118,119,120, 121, 122, 123, 124, 125 and 126 ordered to stand part of the Bill.

 

CLAUSE 127 – (Voidance of certain acts)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 127, on page 91, in line 10 by deletion of the word “subparagraphs” and the substitution therefor of the word “paragraphs”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 127, as amended, ordered to stand part of the Bill.

Clauses 128, 129 and 130 ordered to stand part of the Bill.

 

CLAUSE 131– (Restriction of rights of creditor on execution or attachment)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 131, on page 94, in line 1 by the deletion of the word “he” and the substitution therefor of the words “the creditor”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 131, as amended, ordered to stand part of the Bill.

 

Clause 132 ordered to stand of the Bill.

 

CLAUSE 133 – (Liability for contracting debate)

 

Mrs Mwanakatwe: Madam Chairperson, I beg to move an amendment in Clause 133, on page 95, in line 21 by the deletion of the word “he” and the substitution therefor of the words “the person”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 133, as amended, ordered to stand part of the Bill.

 

Clauses 134, 135, 136, 137, 138, 139, 140 and141 ordered to stand part of the Bill.

Mrs Mwanakatwe: Madam Chairperson, I beg to move that Clause 142, on page 100, in line 4 be amended;

 

(a)        by the deletion of the word “a” and the substitution therefor of the word “the”; and

 

(b)        in lines 25 and 26

 

            by the deletion of the words “in a newspaper of general circulation in Zambia” and the substitution therefor of the words “or other media”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 142, as amended, ordered to stand part of the Bill.

 

Clauses 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178 and 179 ordered to stand part of the Bill.

 

Title agreed to.

 

HOUSE RESUMED

 

[MR SPEAKER in the Chair]

 

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

 

The Corporate Insolvency Bill (Amendment), 2017

 

Report Stage on Thursday, 26^th October, 2017.

 

Mr Speaker: Order!

 

_________

 

MOTION

 

ADJOURNMENT

 

Mr Speaker: As the time is 1910 hours, I interrupt the proceedings …

 

Mr Ngulube: Hear, hear!

 

Mr Speaker: … and the Committee work stands adjourned. Before I ask for the day for resumption of Committee work, I would like to indicate that a report has been rendered to me regarding the voting that took place earlier on this evening. I have decided to reserve my ruling in order to respond in a measured and informed manner, sooner rather than later.

 

The Vice-President (Mrs Wina): Sir, I beg to move that the House do now adjourn.

 

__________

 

The House adjourned at 1912 hours until 1430 hours on Thursday, 26^th October, 2017.