Wednesday, 7^th March, 2018

 

The House met at 1430 hours

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

________

 

ANNOUNCEMENTS BY MADAM FIRST DEPUTY SPEAKER

 

COMMEMORATION OF COMMONWEALTH DAY BY COMMONWEALTH PARLIAMENTARY ASSOCIATION (CPA) ZAMBIA BRANCH

 

Madam First Deputy Speaker: The Commonwealth Parliamentary Association (CPA) Zambia Branch will join the rest of the Commonwealth Countries in commemorating the Commonwealth Day on Monday, 12^thMarch, 2018, under the theme: Towards a Common Future.

 

The main activity organised by the CPA Zambia Branch is an open day for young people at Parliament Buildings. The open day will be characterised by conducted tours of Parliament and its facilities. In addition, during the tours, participants will interact with hon. Members of Parliament and take part in games and trivia quizzes that will be focused on the theme of the day.

 

Therefore, I invite all hon. Members of Parliament as CPA Zambia Branch members to attend the commemoration of the Commonwealth Day on Monday, 12^thMarch, 2018, at 0815 hours in the auditorium.

 

I urge hon. Members to give support to this very important event in the CPA calendar.

 

INTERNATIONAL WOMEN’S DAY CELEBRATION

 

Madam First Deputy Speaker: The National Assembly of Zambia (NAZ) will tomorrow, 8^th March, 2018, join the rest of the nation and the global community in commemorating the International Women’s Day under the theme: ‘Time is Now, Rural and Urban Activists Transforming Lives’.

 

The institution will be represented by selected hon. Members of Parliament who by now, should have been informed, and members of staff of NAZ. They will participate in a walk from the Zambia Electricity Supply Corporation (ZESCO) head office to the Showground where many other activities will take place.

 

I take this opportunity to thank in advance the male hon. Members of Parliament who have shown commitment in the previous years and have taken part in the walk with their female counterparts. Keep it up.

 

I also take this opportunity to wish all the female hon. Members of Parliament and indeed all the women of Zambia here and in the rest of the country a very happy and successful International Women’s Day tomorrow.

 

                                   _________                                 

 

BUSINESS OF THE HOUSE

 

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

 

Madam, on Tuesday, 13^th March, 2018, the Business of the House will being with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will consider the Committee Stage of the following Bills:

 

1. National Health Insurance Bill, N.A.B No. 22 of  2017;

 

1. Rent (Amendment) Bill,  N.A.B No. 1 of  2018;

 

1. Subordinate Courts (Amendment) Bill,  N.A.B No. 2 of 2018; and

 

1. JudiciaryAdministration (Amendment) Bill, N.A.B No. 3 of  2018

 

The House will then consider the Report Stage of the Public Finance Management Bill, N.A.B No. 22 of  2018.

 

Madam Speaker, on Wednesday, 14^th March, 2018, the Business of the House will start with Questions for Oral Answer, if there will be any. This will be followed by consideration of Private Members’ Motions, if there will be any. Thereafter, the House will deal with presentation of Government Bills, if there will be any. The House will then debate the Motion to adopt the Report of the Committee on Agriculture, Lands and Natural Resources on the Report of the Auditor-General on Sustainable Forest Management.

 

Madam, on Thursday, 15^th March, 2018, the Business of the House will commence with Questions for Oral Answer, if there will be any. Thereafter, the House will debate the Motion to suspend relevant Standing Orders to enable His Excellency the President, address the House on Friday, 16^th March, 2018. After that, the House will consider presentation of Government Bills, if there will be any. The House will then debate the Motion to adopt the Report of the Committee on Agriculture, Lands and Natural Resources on the Report of the Auditor-General on the Government’s Report to Ensure Access to Land in an Effective Manner.

 

Madam Speaker, on Friday, 16^th March, 2018, His Excellency the President, Mr Edgar Chagwa Lungu, will address the House in accordance with Clause 2 of Article 9 and Clause 1 of Article 86 of the Constitution of Zambia.

 

I thank you, Madam.

 

________

 

MINISTERIAL STATEMENT

 

ROLES AND OPERATIONS OF THE DISASTER MANAGEMENT AND MITIGATION UNIT

 

The Minister in the Office of the Vice-President (Ms Chalikosa): Madam Speaker, I would like to thank you for giving me this opportunity to give a Ministerial Statement on the roles and operations of the Disaster Management and Mitigation Unit (DMMU), one of the departments in the Office of the Vice-President.

 

Madam Speaker, allow me to begin by giving a short background to disaster management in the country. The DMMU was formed by a Cabinet decision in 1994 and started operations in 1997. This followed lessons learnt from the response to the 1991 severe drought. The response to this severe natural calamity was uncoordinated and the Government, at the time, felt there was need to establish a unit to coordinate and mobilise resources relating to disaster management.

 

Madam Speaker, the unit replaced the Contingency Planning Unit in the Office of the the then Prime Minister. With the global paradigm shift from disaster management to disaster risk reduction and the advent of climate change, the unit has evolved accordingly to meet its mandate of coordination and resource mobilisation for prevention, mitigation, preparedness and response.

 

Madam Speaker, in 2005, the Government developed the National Disaster Management Policy and Operations Manual to strengthen the operations of the DMMU and to define the roles and responsibilities of other stakeholders at all levels before, during and after the hazard incident. This was in line with the global trend of institutionalising disaster management activities according to the Hyogo Framework of Action 2005, to 2015.

 

Madam Speaker, in 2010, this august House enacted the Disaster Management Act No. 13 to give the unit a legal basis for its operations and existence. In 2015, the Policy and Operations Manual was revised to take on board new contemporary issues, including climate change. Members who may wish to access the Disaster Management Act, the revised policy and manual can contact DMMU.

 

Madam Speaker, I would like to address the roles and operations of the unit. DMMU is charged with the responsibility of coordinating responses to disasters, humanitarian situations, resilience building and risk reduction. It is important to note that it is not an ordinary department, but a unique unit. The unit has three sections which are: operations, logistics and management, research and planning, and information management systems. It also has its presence in all the ten provincial headquarters.

 

Madam Speaker, the mandate of the DMMU is to coordinate all disaster management activities beyond the capacity of a sector to deal with in the country and in line with the provision of the Disaster Management Act No. 13 of 2010. Its mission is to effectively and efficiently manage disasters in order to minimise loss of life, damage to property and environment through the harmonisation of national efforts.

 

Madam Speaker, the functions of the DMMU, as stipulated in the Disaster Management Act are as follows:

 

1. acts as the central planning coordinating and monitoring institution for prevention, mitigation, preparedness, response and post disaster recovery taking into account all potential disaster risks;

 

1. advises the technical committee on the progress and constraints in disaster management and other matters relating to the management of disaster relief operations, warn the public of an eminent disaster and predict its effects;

 

1. maintains a data collection and dissemination system, and national strategic reserves of essential commodities and equipment for immediate disaster relief;

 

1. formulates disaster prevention, mitigation, preparedness, response and rehabilitation strategies and action plans to meet all foreseeable requirements in consultation with the Government, non-governmental organisations (NGOs) and donor agencies;

 

1. prepares and updates the Disaster Management plans and the supporting Disaster Management Manual;

 

1. prepares an overarching National Disaster Contingency Plan and coordinates cross-sectoral plans;

 

1. establishes an early warning system covering all sectors and hazard sources and maintain close links with the different institutions that provide early warning services.

 

1. develops and sustains viable, effective structures and capacities at the national and provincial levels and within the districts;

 

1. takes all necessary measures in order to prevent, alleviate, contain and minimise the effects of disasters;

 

1. conducts public and media briefings on disaster related programmes, progress and constraints;

 

1. acts as an advisory ad consultative body on issues concerning disasters and disaster management;

 

• makes post-disaster reconstruction, rehabilitation and recovery plans;

 

1. promotes the recruitment, training and participation of volunteers in disaster management;

 

• establishes and manages an emergency operation centre, which shall be the nerve centre to monitor emergencies and feed into the normal operations of the unit;

 

• acts as a central clearing house for the reporting of disasters and dissemination of output from the technical committee during a disaster;

 

1. conducts assessments before, during and after disasters;

 

1. works with authorities in other countries that are responsible for disaster management to exchange information and have access to international expertise and assistance in respect of disaster management; and

 

1. carries out and coordinates all research relevant to its functions for the purpose of advising the council and the technical committee on measures necessary for disaster prevention and preparedness.

 

Madam Speaker, looking at the above functions, hon. Members will note that these are cross-cutting issues with sector specific ministries and departments, which should take the lead during the developmental phase. It is important that these sectors play their roles in line with their mandate. DMMU only comes in if the hazard event is beyond the capacity of the particular sector to cope.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Hon. Members are now free to ask questions on points of clarification on the statement given by Her Honour the Vice-President.

 

Mr Mwiimbu (Monze Central): Madam Speaker, I am extremely disappointed with the statement that has just been given by Her Honour the Vice-President on the Floor of the House pertaining to disaster management in this country.

 

Mr Sikazwe: Question!

 

Mr Mwiimbu: Madam Speaker, you are aware that this law was passed by this august House and there was really no need for the hon. Minister to explain to us what her ministry does. What I expected was for her to tell us what she is doing to ensure that the bridges and roads that have been washed away are repaired.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mwiimbu: We already know what the Act says. What measures is the Government putting in place to ensure that the roads and bridges that have been washed away are repaired to ease the suffering of our people?

 

Hon. Opposition Members: Hear, hear!

 

Mr Lubinda: Ichisungu chalikosa!

 

Ms Chalikosa: Madam Speaker, ichisungu chalikosa

 

Laughter

 

Hon. Opposition Members: Aah!

 

Madam First Deputy Speaker: Hon. Minister in the Vice-President’s Office, translate that into the official language.

 

Ms Chalikosa: Chalikosa, which is partly my name, means ‘it is tough’.

 

Hon. Government Members: Hear, hear!

 

Ms Chalikosa: The reason the Office of the Vice-President came with a statement on the roles and operations of the DMMU was to assist many new comers to this august House because ...

 

Hon. Opposition Members: Aah!

 

Madam First Deputy Speaker: Order!

 

Ms Chalikosa: ...we are live on radio ...

 

Madam First Deputy Speaker: Order, hon. Minister!

 

Hon. Members on my left, I want to believe that this is a very important subject. As already indicated, many of you are facing near disasters in your constituencies. Therefore, I expect that you will attentively listen to the responses which Her Honour the Vice-President will provide. Allow the hon. Minister to respond.

 

Ms Chalikosa: Madam Speaker, not only is this statement for the benefit of the new comers to this august House, but it is also for the benefit of members of the public ...

 

Hon. Government Members: Hear, hear!

 

Ms Chalikosa: ... because we are live on radio and television.

 

Madam Speaker, the Office of the Vice-President is preparing another update on infrastructure, which will inform the House what are we are doing to damaged infrastructure.

 

I thank you, Madam Speaker.

 

Madam First Deputy Speaker: Is the hon. Minister indicating that she will come back to give a specific response to issues of damaged infrastructure?

 

Ms Chalikosa: Madam Speaker, there is a statement that is being prepared to give an update report on damaged infrastructure due to climate change.

 

I thank you, Madam Speaker.

 

Dr Kambwili (Roan): Madam Speaker, the hon. Minister stated in her statement that the Disaster Management and Mitigation Unit (DMMU) would only come in if there was no capacity by the relevant ministries. This is my third term in this august House and I have never seen any budgetary line in any ministry to deal with disasters. What does the hon. Minister mean by saying the DMMU will step in if ministries do not have capacity? Ministries do not have capacity because they do not budget for calamities. It is only the DMMU that budgets for eventualities. 

 

Ms Chalikosa: Madam Speaker, some disasters are manmade. One of the points that the DMMU is trying to stress is that line ministries are supposed to take extra care in maintaining their properties to ensure that they avoid disasters. However, where a natural disaster occurs and the DMMU through its functions is approached, it is still subject to mobilising resources with the stakeholders before it can attend to that disaster. However, this does not take away the responsibility of the line ministry.

 

I thank you, Madam Speaker.

 

Mr Mung’andu (Chama South): Madam Speaker, the Disaster Management and Mitigation Unit (DMMU) is a very important institution for the people of Chama South ...

 

Dr Kambwili: On a point of order, Madam Speaker.

 

Mr Mung’andu: Chama South is facing serious ...

 

Dr Kambwili: On a point of order, Madam Speaker.

 

Madam First Deputy Speaker: I cannot hear you.

 

Dr Kambwili: On a point of order, Madam Speaker.

 

Madam First Deputy Speaker: A point of order is raised.

 

Dr Kambwili: Madam Speaker, the hon. Minister has not answered my question. My question was very specific. What kind of capacity is she talking about? A ministry must have a budget in order for it to have capacity to face a disaster. Without a budget line it simply means they have no capacity. What kind of capacity did she talk about in her statement? That is my question.

 

Madam First Deputy Speaker: What is your point of order?

 

Dr Kambwili: Is the hon. Minister in order to dodge answering my question?

 

Madam First Deputy Speaker: The hon. Minister in the Office of the Vice-President will take the issue of capacity of the line ministries that have been raised in terms of budgetary allocation as she responds to the question that is be posed by the hon. Member for Chama South.

 

Mr Mung’andu: Madam Speaker, is the Government considering bringing a Bill to compensate people affected by human-animal conflict? As things stand, the DMMU has to take food to those people who have lost their crops to wild animals and the laws do not provide for compensation. The DMMU spends a lot of money helping these people.

 

Ms Chalikosa: Madam Speaker, the statement I gave was very specific to the roles and operations of the DMMU. To answer the hon. Member for Roan Constituency, the capacity we are talking about is not just in monetary terms, although all ministries are supposed to draw from the contingency which should cover any other activity outside the normal ordinary work. This includes human capacity through the volunteerism of the community and in monetary terms once the assessments have been done. We have representation at district level and once they do an assessment of what is required, the DMMU will come in.

 

Madam Speaker, as for compensation on human-animal conflict, one of the interventions that DMMU does is to provide relief food. To pass a law to compensate people would encourage them to go into the areas where the animals live and that is not something we want. This is a suggestion which we can consider, but from the outset it is not a pressing issue. The other alternative would be to look at how to access those places so that people are not cut off by floods in the event that there is hunger. The issue of compensating people who are affected by human-animal conflict is not on the table at the moment.

 

I thank you, Madam Speaker.

 

Mr Miyutu (Kalabo Central): Madam Speaker, the Disaster Management and Mitigation Unit (DMMU) has been decentralised to district level such that disaster management committees, which consist of various stakeholders, exist.

 

Now, your honour the Vice-President, since this statement has come, is your office making an effort to educate chairpersons of DMMU District Committees? There are times when they receive the aid which should be delivered to beneficiaries, but do not work according to the needs of the beneficiaries. They divert aid to those who are under their political control. This is what we have observed. Is there any effort that will accompany this statement so that those chairpersons in district can also learn?

 

Ms Chalikosa: Madam Speaker, in my statement I alluded to the fact that DMMU undertakes training sessions. This includes training the community and committees at both district and provincial levels. We are not aware about chairpersons who divert resources that have been released. What we know is that when the assessment is done, the distribution of whether it is, equipment or food relief, is done according to the assessment and the report that has been presented to the DMMU.

 

I thank you.

 

Madam First Deputy Speaker: Hon. Member for Livingstone. Kabwe Central, are you still interested?

 

Mr Ngulube stood to debate.

 

Madam First Deputy Speaker: Take your seat. Hon. Member for Livingstone may ask a question.

 

Mr Jere (Livingstone): Madam Speaker, I would like to thank you for this opportunity. If my memory serves me right, in this year’s budget there was K54 million allocated for disaster management. Does her Honour the Vice-President intend distributing these resources to the provincial level owing to the fact that it takes so long for your office to respond to disasters after assessments have been done.

 

Ms Chalikosa: Madam Speaker, I thank the hon. Member for that question. DMMU like all other sector ministries is dependent on the release of budgetary allocations from the Treasury. Therefore, at the time that the financial resources are released, we will relate it to the budget activities. One of the interventions is to source for money outside the Treasury. This is why we are looking at Focused Based Financing as one of the many alternatives that we can adopt in terms of matching our needs so that we can respond more effectively and be better prepared rather than responding to an activity, but to be prepared to anticipate that disaster.

 

I thank you.

 

Mr Ngulube (Kabwe Central): Madam Speaker, we are meant to believe that DMMU operates at district level. However, whenever there are disasters in our constituencies and we approach DMMU, we are told to start by reporting the disaster to the Lusaka office and then Lusaka has to talk to them before they can do anything about it. An example of what I have just said is a school in my constituency that had its roof blown off recently. We wrote a letter to the DMMU and followed-up the matter but they refused to attend to us told us to go to Lusaka for Lusaka to tell us what to do. I want to find out on what procedure should we adopt? Now we have floods and houses have fallen down and we think DMMU should come in and give us tents. What procedure should we use to follow-up the benefits that the people should get from the DMMU?

 

Ms Chalikosa:  Madam Speaker, the correct position in terms of procedure is that, once a disaster occurs in a district, the Committee chaired by the District Commissioner (DC) is called and the DC is supposed to get in touch with all the relevant stakeholders and hold a meeting so that they do the assessment together. Once they prepare a report, it is passed on to the Provincial Committee which is chaired by the Permanent Secretary. After that, the report is then sent to the DMMU headquarters. Therefore, it is not correct that Lusaka will tell them what to do. The procedure is very specific. If you would like a copy of the DMMU Operations Manual, as I said earlier, you can collect it so that you know exactly what is supposed to happen in terms of procedure.

 

I thank you.

 

Mr Chisopa (Mkushi South): Madam Speaker, one of the challenges that DMMU faces is the time that they take to respond to disasters. My question is, in the implementation of the decentralisation programme, how is the Ofice of the Vice-President responding to this policy so that decisions of expenditure, inspection and determination are done at district level to ensure that we respond quickly to disasters.

 

Ms Chalikosa: Madam Speaker, I thank the hon. Member for that question. In the DMMU we have made proposals to strengthen the human capacity in terms of personnel at district level because as things are now, we do not have a presence at district level. We are looking to employ an officer to be permanently based at district level. That person will be the lead person to coordinate rather than… I beg your pardon, he or she will serve at the secretariat of the district committee. At the moment we have region coordinators, that is, one officer in each of the ten provinces. We are also looking at restructuring and employing an assistant coordinator so that we have two people permanently employed by the unit at the provincial level and one person at district level with support staff of the typist, the driver and possibly an office orderly.

 

I thank you.

 

Mr Nanjuwa (Mumbwa): Madam Speaker, I have heard that one of the roles of the Office the Vice-President is to train volunteers. I want to find out how the office coordinates with these volunteers that have been trained, is there any logistical support given to the volunteers for them to perform their duties.

 

Ms Chalikosa: Madam Speaker, I would like to thank the hon. Member for that question. It is a proposal that members of the district disaster committees co-opt people. There is representation from the following ministries: Home Affairs; Health; Agriculture; Energy; Information; National Planning; Local Government; Communications; Community Development; Education; Minerals Development; Works and Supply; and Environment and Natural Resources that constitutes the council. Once those people who already have a presence in the district are brought together, then they can be a proposal to say that they need training together with community volunteers and that can be arranged. As it is, we have undertaken some training sessions, for instance, in Western Province where we are installing an early warning system, the community has been brought together and training has happened. Therefore, depending on the needs and proposals that are brought forward, DMMU is ready to undertake that training.

 

I thank you

 

Madam First Deputy Speaker: Is there any logistical support offered to volunteers?

 

Ms Chalikosa: Madam Speaker, we can consider feeding them or giving them a lunch allowance and it would depend on where they come from. Obviously, if they come from far away, that can also be factored into the training expenses.

 

Thank you, Madam Speaker.

 

Mr Kufakwandi (Sesheke): Madam Speaker, by definition, a disaster needs urgent attention, otherwise, the activities associated with a particular area will be disrupted. In Sesheke, roofs of some schools were blown off and it has taken more than three years to attend to them. Does the unit have any plans to provide resources to the provinces? Since the hon. Minister said that there is one regional co-ordinator, I do not think that is sufficient especially when one looks at the number of schools built after 2011, which are losing roofs almost every year. Does the unit have any plans to decentralise and provide resources at the provincial levels so that the provincial administrations could respond to disasters urgently?

 

Ms Chalikosa: Madam Speaker, as I had said earlier, the unit is also dependent on the Treasury. The only difference is that when a disaster strikes, the Treasury tends to respond a little bit quickly than normal operations. However, when the Treasury has a challenge, the DMMU tries to look elsewhere in order to attend to a particular disaster. For instance, we can engage suppliers so that we can get roofing sheets on credit and pay for them later. Therefore, we respond within our capacity at a time a disaster occurs and it is regrettable that some of the cases have not been responded to beyond three to four years. However, we have compiled the data and I will come back with a substantive statement on how we intend to deal with damaged infrastructure.

 

Thank you, Madam.

 

Madam First Deputy Speaker: Is there a possibility of the DMMU creating a fund at the provincial level so that it can be used to respond to disasters in the respective provinces?

 

Ms Chalikosa: Madam Speaker, at the moment, we are only thinking of establishing a National Disaster Fund. We have not yet looked at the decentralisation of resources to the provinces. However, it is certainly something we can look at depending on the capacity of the National Treasury.

 

Thank you, Madam Speaker.

 

Mr Livune (Katombola): Madam Speaker, in Kazungula, Sianakanga Bridge on Zimba/Nyawa Road which connects three chiefdoms of Chiefs Musokotwane, Nyawa and Moomba was completely washed away. We have requested the Ministry of Housing and Infrastructure Development to attend to this disaster and we seem not to be getting the attention that we need. What else should we do to get that attention because there is a serious problem in Kazungula? Sianakanga Bridge on the Zimba/Nyawa Road is a death trap.

 

Ms Chalikosa: Madam Speaker, like I said earlier, I will come back with a detailed statement on what we plan to do with damaged property due to climate change. I am aware that the Ministry of Housing and Infrastructure Development is attending to that issue. However, I am not privy to the level or status they are at, but it is being looked at.

 

I thank you, Madam.

 

Mr Lihefu (Manyinga): Madam Speaker, the people of Manyinga are worried because none of their disasters have ever been attended to. What criterion does the DMMU use to select the disasters to attend to that occur in the constituencies countrywide?

 

Ms Chalikosa: Madam Speaker, at the time of submission and when resources are available, we are able to attend to a calamity as quickly as possible. However, if at the time of submission there are no resources, then, unfortunately, that activity will have to be on hold as can be seen at the number of schools whose blown off roofs to date have not yet been attended to. Therefore, the criterion used is that when the resources are available, the disaster is attended to almost immediately.

 

I thank you, Madam.

 

Madam First Deputy Speaker: I do not know if the hon. Member for Manyinga is satisfied with that answer.

 

Mr Livune: He is not!

 

Madam First Deputy Speaker: The hon. Minister in the Office of the Vice-President, the reason this question has arisen is because according to the hon. Member, none of the reported disasters in Manyinga have ever been funded by the DMMU. Therefore, how does the unit decide which ones to fund when funds are available?

 

Hon. Opposition Members: Hear, hear!

 

Ms Chalikosa: Madam Speaker, I am not privy to which disasters the hon. Member for Manyinga is particularly referring to. However, I can go back and look at the issues being referred to. Most of the disasters that are attended to are of critical nature or life threatening. For instance, when there are car accidents, the DMMU comes on board because the Treasury releases the resources quite quickly. However, since the hon. Member said that none of the disasters in his constituency have been funded, I will go back to the office and investigate a little more so that I can engage him one on one and we can then look at the issue together.

 

I thank you, Madam Speaker.

 

Dr Imakando (Mongu Central): Madam Speaker, disaster management is about having a certain level of preparedness and the ability to respond and provide mitigation measures. Why does the unit not create a fund at regional level so that disasters can be attended to quickly? The unit is at the moment open to criticism because it responds to some disasters and does not respond to others. Therefore, if it created a fund at regional level, it would not be open to these criticisms.

 

Ms Chalikosa: Madam Speaker, in fact, that is exactly what we are trying to do under the African Risk Capacity. We are considering establishing the disaster fund and becoming a member of the agency so that we can subscribe to insurance which can in turn help us with some of the activities that need to be mitigated.

 

Thank you, Madam.

 

Mr Kabanda (Serenje): Madam Speaker, in Serenje Central Constituency, a lot of disasters have occurred, ranging from blown off roofs, damaged schools and so on. Arising from the answers by hon. Minister in the Vice-President’s Office, it would appear to me that the definition of a disaster shifts from situation to situation. Would I be correct to assume the way I am assuming, Madam?

 

Ms Chalikosa: Madam Speaker, I did not hear the question.

 

Madam First Deputy Speaker: Can the hon. Member of Parliament for Serenje repeat the question?

 

Mr Kabanda: Madam Speaker, I was saying that would I be right to assume that the definition of a disaster changes from situation to situation. I am saying so because, in our case, we have had a lot of disasters in Serenje Central Constituency and none of them have been responded to.

 

Ms Chalikosa: Madam Speaker, perhaps the disasters relating to infrastructure may have not been responded to, but only a few weeks ago, we were in Serenje burying the six children that drowned. The Office of the Vice-President that took the lead.

 

Mrs Fundanga: Hear, hear!

 

Ms Chalikosa: Indeed, a disaster depends on what has happened. We have disasters that are caused by natural calamities such as droughts, floods, epidemics, pests, environmental degradation, refugees, internally displaced people, accident and human animal conflict. Therefore, depending on which disaster it is, the Disaster Management and Mitigation Unit (DMMU) will respond according to its capacity at the time.

 

I thank, Madam Speaker.

 

Mr Mweetwa (Choma Central): Madam Speaker, with your indulgence, today we had a successful launch of the Zambia Men’s’ Parliamentary Network on Gender Equality here at Parliament Buildings, therefore, I am not going to ask Her Honour the Vice-President a very difficult question. I am very happy and so friendly today.

 

Sometime in November 2016, the roof of an entire block of classes at Masuku Primary School in Choma was blown off. The provincial minister, district commissioner (DC) and permanent secretary (PS) visited the scene, since they are part of the people she mentioned that should be reported to. However, it is now two years down the line and nothing has been done. Is the hon. Minister in the Vice-President’s Office in a position to tell me which other channel I should use for her to respond since the children of that school were scattered to various school to be accommodated in the meantime awaiting response from her office.

 

Ms Chalikosa: Madam Speaker, I wish to inform the hon. Member of Parliament for Choma Central that another idea that we are looking at is to see if we can get tents that can be used in the event that schools have their roofs blown off as a temporary measure while we are waiting for the reconstruction of the property that has been destroyed. It just goes to the same thing, it depends on the assessment that was done, the cost involved and whether the money is available or not. However, we are not sitting idle, but we are looking at all those cases because truly they do need to be attended to. The Disaster Management and Mitigation Unit (DMMU) is collecting data and compiling it and we are trying to source for K45 million at the moment to attend to all those infrastructure damaged properties.

 

Madam Speaker, I thank you.

 

Ms Chisangano (Gwembe): I would like to find out from the hon. Minister in the Vice-President’s Office what types of disasters are attended to immediately even though she mentioned accidents and so forth. As I am speaking now, there is a school in Gwembe Parliamentary Constituency which we started giving reports way back in 2010. We again reported on it last year. This year, the structures could not hold any more so the classrooms were washed away. As I am speaking now, there are some children who are not going to school because they have no classroom to use. I reported to the Disaster Management and Mitigation Unit (DMMU) and thought they would give me tents or something so that these children would go back to school. What is her comment and how can she assist these children who are not going to school at Koma Primary School?

 

Madam First Deputy Speaker: Perhaps as the hon. Minister responds to that question, she must take into account the question raised by the hon. Member of Parliament for Choma Central who said that children have been scattered to various schools in the constituency. Is there anything that the Disaster Management and Mitigation Unit (DMMU) can do to allow the children to get back their school?

 

Mr Mweetwa: Hear, hear!

 

Ms Chalikosa: Madam Speaker, in order to assist the pupils who have their schools damaged, we are trying to source tents as a temporary measure. We have not overlooked the calamity that has occurred. I beg your indulgence, Madam Speaker, I am now talking infrastructure without adequate information. I said earlier, I will come back to the House with a consolidated response.

 

Thank you, Madam Speaker.

 

Dr Musokotwane (Liuwa): Madam Speaker, I will ask a question that is related to food distribution because we have looming disaster in Liuwa Constituency this year due to hunger. Madam Speaker, civil servants are not supposed to be partisan as they execute their Civil Service functions. If they do, they get punished, which includes dismissal. If from Liuwa and indeed Kalabo, we can provide evidence either from the past or from the future that certain civil servants at Kalabo are partisan in the way they distribute food. Can I get the assurance that such civil servants will be punished very severely, including dismissals?

 

Ms Chalikosa: Madam Speaker, as far as the Disaster Management and Mitigation Unit (DMMU) is concerned the distribution of relief food is done through Non-Government Organisations (NGOs), churches as well as other Organisations that have expressed interest to assist with food relief distribution. We have not received a report of civil servants actually engaged in the distribution because all our return sheets are signed by those who are charged with the distribution of food relief that is, the NGOs, churches and other organisations and not civil servants.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

CONSTRUCTION OF MOBILE COMMUNICATION TOWERS PHASE II

 

The Minister of Transport and Communication (Mr Mushimba): Madam Speaker, I wish to express my sincere appreciation for according me yet another opportunity to deliver a ministerial statement and update the House and the nation on the state of the construction of mobile communication towers project phase II that is taking place across the country.

 

As previously, communicated, this important project by the Government will increase mobile coverage and access from the current low 70 per cent to cover almost 100 per cent of the country at the completion of the project and in so doing, increase the efficiency in the provision of information and communications technology services across the country.

 

Madam Speaker, Zambia is the 39^th largest country in the world with a geographical spread at 752,618 sq km. It is vast and wide with rural areas that have continued to be sparsely populated. This situation has continued to pose many challenges in taking telecommunications services to these far flung areas and achieve universal access to communication facilities because, they are in the most cases not considered to be viable business locations by the mobile network providers and other Information Communication Technology (ICT) service operators. This has resulted in the perpetuation of the existing digital divide between rural and urban areas that the Government of His Excellency the President, Mr Edgar Chagwa Lungu, is attempting to address fervently.

 

Madam, the scope of works in Phase II of the communications towers project covers the construction and installation of the total of I,009 sites across the country upgrading the current transmission and radio access network and other ICT facilities under the Zambia Telecommunication Company Limited (ZAMTEL) at a cost US$280 million. This project is primarily targeting dense clusters of settlements and economically active areas in the underserved and unserved areas such as rural health centres, schools, farming blocks, mines, tourism centres and rural trading centres and will connect approximately 3.5 million more Zambians to the network that have been off the grid all these years once we complete the project. Further, the project has created some much needed employment of about thirty persons per site, is capacitating entrepreneurship in rural areas with accessible communications facilities, enabling online transactions and promoting financial inclusion by banking the unbanked.

 

Madam Speaker, I wish to inform this august House that progress of work on the entire project that started in the last quarter of 2017, to date is estimated at 15 per cent. As at end of February, 2018, 110 towers across the country have been constructed out of which sixty-six were functional and on air. The distribution of the 110 towers that have been constructed per province is as follows:

 

Province                                  Number of towers      

 

Central                                     16

 

Copperbelt                               02

 

Lusaka                                     00

 

Eastern                                     12

 

Luapula                                    10

 

North-Western                         01

 

Northern & Muchinga               47

 

Southern                                   11

 

Western                                   11

 

Madam Speaker, we are now focusing on the 246 new sites, which we plan to construct this year and will be distributed district by district as follows:

 

         District                                                Number of Towers

        

Chadiza                                    09

        

Chama                                     05

        

Chilubi                          06

 

Chingola                                   01

           

Chinsali                                    02

           

Chipata                                    04

           

Choma                                     04

           

Chongwe                                  03

           

Gwembe                                  08

           

Isoka                                        02

           

Itezhi-tezhi                                02

           

Kabompo                                 01

           

Kabwe                                     02

           

Kafue                                       02

           

Kalabo                                     10

           

Kalomo                                    02

           

Kaoma                                     13

           

Kapiri Mposhi                          01

           

Kaputa                                     03

 

Kasama                                    04

           

Kasempa                                  01

           

Katete                                      05

           

Kawambwa                              07

           

Kazungula                                04

           

Luangwa                                  03

           

Lukulu                                      04

           

Lundazi                                    09

           

Lusaka                                     03

           

Luwingu                                   06

           

Mambwe                                  12

           

Mansa                                      08

           

Masaiti                                     01

           

Mazabuka                                05

           

Mbala                                      12

           

Milenge                                    03

            Mkushi                         02

           

Mongu                                     02

           

Monze                                      01

           

Mpika                                      05

           

Mpongwe                                 02

           

Mporokoso                              06

           

Mpulungu                                 04

           

Mungwi                                    02

           

Mwense                                   03

           

Mwinilunga                               05

           

Nakonde                                  01

           

Namwala                                  04

           

Ndola                                       01

           

Nyimba                                    05

           

Petauke                                    06

           

Samfya                         03

 

            Senanga                                   06

           

Serenje                                     02

           

Sesheke                                   08

           

Siavonga                                  02

           

Sinazongwe                              09

 

Madam Speaker, the ministry will continue to encourage productive engagement with all stakeholders during the life of the project in order to ensure the smooth implementation and roll out. In this regard, I wish to urge all hon. Members of Parliament and the local authorities to be open to collaborate with the project managers on resolving some of the challenges that may arise during the implementation, such as the facilitating access and the construction of roads to identified sites.

 

Madam Speaker, this project is extremely important to the revamping plans of ZAMTEL by the Government. The project manger of this project on behalf of the Government is ZAMTEL. The owner of the new infrastructure, which is being installed through this project on behalf of the Government is again ZAMTEL. This project will ensure that ZAMTEL has a competitive advantage over its competitors in the mobile sectors with the largest telecommunication network. It is also worth noting that due to this project, the delivery and access of other various services in the rural areas by both the public and the private sector will increase significantly to support social economic activities.

 

 Madam Speaker, the Government is very happy with this project as it will greatly improve  the mobile communication coverage across the country and will led to improved provision of Government services through the use of e-commerce, tele-medicine, improve National security, simplify compliance to the Government regulations and statutes, empower farmers among others with access to market information, strengthen citizen participation, promote transparency and accountability and yield cost-servings for citizens business and the Government. Further, the Government wishes to implore the private mobile operators specifically MTN and airtel Zambia and the soon to be announced fourth mobile operator to take advantage of this investment by co-locating on these towers to increase their presence and extend their business opportunities beyond the major cities and towns.

 

Madam Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

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

 

Mrs Chonya (Kafue): Madam Speaker, I wish to thank the hon. Minister for the statement, but perhaps, I did not hear him clearly somewhere. I would like to find when the construction of the communication of towers in the districts he has mentioned will begin.

 

Mr Mushimba: Madam Speaker, as I mentioned, the construction started in the last quarter of 2017, and we have not stopped the construction of the towers. As at end of February, 2018, we had completed the construction of 110 towers, which I mentioned.  The 246 towers earmarked for this year are at various stages and sites are being located. There is also some clearing of grass that is ongoing. Further, ZAMTEL maybe on the ground making sure that the signals that they are triangulating will have the biggest impact in terms of closing the gap. Therefore, the activities, which started last year is ongoing and will last for three years before we conclude.

 

I thank you, Madam Speaker. 

 

Mr Mwene (Mangango): Madam Speaker, is the hon. Minister in a position to tell this august House how many communication towers will go to Mangango Constituency out of the thirteen that are allocated to Kaoma District?

 

Mr Mushimba: Madam Speaker, for the information that the hon. Member is asking for, I think we can engage on a one to one basis later. This ministerial statement, lumped the activities by district and by province, but we have a breakdown for the constituencies. Therefore, if the hon. Member needs that information, he can engage my office.

 

I thank you, Madam Speaker.

 

Mr Mung’andu (Chama South): Madam Speaker, last year when I asked a question on the Order Paper on communication towers, the hon. Minister assured the people of Chama, particularly Chama South, that by the end of last year, they would have towers in the area. To-date, there is no single tower in the area and some high school teachers are even relocating because of lack of communication and electricity.

 

Madam Speaker, the hon. Minister has mentioned that Chama has been allocated five towers under this project. However, the information that the hon. Minister has always been giving me when I frequent his office and that of the permanent secretary is that Chama South was allocated six towers. Therefore, is the hon. Minister in a position to clarify to the people of Chama South, whom I have informed that their working Government of His Excellency the President, Mr Edgar Chagwa Lungu …

 

Hon. Members: Hear, hear!

 

Mr Mung’andu: … is going to give them six communication towers? For the first time since God created Chama South, the people will be able to see a cell phone. I need clarification.

 

Mr Mushimba: Madam Speaker, true to his word, the hon. Member for Chama South has been frequenting my office to discuss this issue. In my ministerial statement, I restricted myself to giving a report on what happened last year since we commissioned this project and what we intend to do this year. However, that is not the end of the project. We have a total of 1,009 communication towers that we are going to work on before the end of the project. We erected 110 towers at the end of February, 2018 and I mentioned that we are going to construct 246 towers this year .Therefore, the total is a little over 300 towers for last and this year. We still have more than 600 towers to go. My assurance to the hon. Member about the towers as I told him before is that we will deliver on that commitment.

 

I thank you, Madam Speaker.

 

Mr Kamondo (Mufumbwe): Madam Speaker, I think some time last year the hon. Minister announced that the Government had plans to construct communication towers in Mufumbwe. If I am not mistaken, about six towers would be erected in my constituency. Out of those six towers, two have been constructed and are operational. However, the hon. Minister has not mentioned anything about Mufumbwe in his statement. Therefore, I would like to find out whether the hon. Minister has decided to change the earlier plans or those communication towers will still be constructed in Mufumbwe.

 

Mr Mushimba: Madam Speaker, I am thankful to the hon. Member for his kind words on the works we have done in Mufumbwe on those two towers that already on air. We promised to take development to all corners of the country and the Patriotic Front (PF) Government is walking the talk.

 

Mr Livune: Question!

 

Mr Mushimba: Madam Speaker, the question by the hon. Member for Mufumbwe is similar to the question that I just answered by the hon. Member for Chama South. I said that I restricted myself to speaking about what has been done and what we intend to do this year. However, that does not mean that all the works that were planned for Mufumbwe are either neglected or abandoned. It just means that when we roll out the next sites, he may see Mufumbwe again appearing on the list of areas where the towers will be constructed.

 

I thank you, Madam Speaker.

 

Mr Lufuma (Kabompo): Madam Speaker, I would to take the opportunity as well to thank the hon. Minister for that elaborate report. However, I am totally shocked that only one tower is allocated to the entire Kabompo District and the hon. Minister says that the Government is walking the talk and nobody will be left behind. We are already left behind by being given only one tower. I have looked at the 1,009 sites that are earmarked to have towers in the whole country and in all those sites, Kabompo will only have one tower that will be constructed this year.

 

Madam Speaker, from inception of the project, I have been engaging the hon. Minister’s office. Unfortunately, I have not personally seen the hon. Minister, but I have engaged his ministry through the permanent secretary and we have discussed the matter. I have also written to the permanent secretary, who does not bother to write back to inform me on the situation. Now, the people of Kabompo are saying there are a lot of areas that are underserved and unserved. Honestly, how can one tower from 1,009 towers be allocated to Kabompo and then the hon. Minister says the Government is walking the talk? Could the hon. Minister please explain and assure the people of Kabompo that there will be more than what has been allocated, since he says that we can continue to engage him and I think he might change his mind.

 

Madam First Deputy Speaker: As a result of that near emotional expression, I will allow the hon. Minister to answer that question just to assure the hon. Member for Kabompo. I suspect the response is the same.

 

Mr Mushimba: Madam Speaker, thank you for answering part of the question. Yes, the answer is similar. This project was structured and consummated after studies that were technical and complex to see where the dead areas were. Much of what we have been doing in rolling out the project has been guided by those studies.

 

Therefore, if the hon. Member sees that in his area we are not coming as quickly as we should, maybe it is because of the terms and criteria that we put together and the path of execution. There are other clusters that may be more of a priority such as rural health centres or where there are other activities that need to be tackled ahead of certain areas. Nonetheless, the assurance that I want to give is that this ministerial statement covers what we have done since we started last year and what we intend to do this year. There is more work that will be done next year until we finish this project. Maybe next time when the hon. Member comes to my ministry, he can engage me as well so that we can talk politician to politician and see how we can help resolve some of the questions and concerns he may have.

 

I thank you, Madam Speaker.

 

Mr Siwale (Mafinga): Madam Speaker, I think I would say that the staff who were sent in the field to assess the situation did not give the hon. Minister an accurate report. In Mafinga, the Electronic-Voucher (e-Voucher) programme was not successful mainly because of poor communication network. Now, I did not hear the hon. Minister make mention of Mafinga as a beneficiary of this project this year. During the last farming season, some farmers could not even redeem their e-Voucher cards on certain days. Therefore, what is the ministry going to do for the people of Mafinga? Is the hon. Minister saying that even this year the e-Voucher programme is not going to be implemented in Mafinga?

 

Mr Mushimba: Madam Speaker, I have heard the concern of the hon. Member for Mafinga. I reiterate the fact that we have limited resources to deploy on this project. The 246 new sites where we are going to erect the mobile communication towers were carefully selected. If the hon. Member feels that we missed something in our selection of the sites, he can come to my office so that we can discuss that. We are a listening Government.

As for the electronic-Voucher (e-Voucher) programme, I spoke about that last year. I said that there are some areas where the e-Voucher system was rolled out to, which have no mobile phone communication towers. However, the e-Voucher card can be used offline. Someone can take their inputs and then use the e-Voucher card when they reach a place that has mobile phone network.

 

I thank you, Madam.

 

Mr Nanjuwa (Mumbwa): Madam Speaker, the statement made by the hon. Minister has brought sadness to the people in my constituency. The hon. Minister had given us a list of places which would receive mobile phone communication towers and Mumbwa was on that list. However, Mumbwa was not on the list that the hon. Minister has read today. When do we expect the remaining mobile phone communication towers to be constructed?

 

Mr Mushimba: Madam Speaker, in my statement, I said that the project completion is at 15 per cent. We are very far from completing this project. We have projected that we will complete it in late 2020 or 2021. Therefore, if your constituency or district is not on the plan for this year, it does not mean that it will not be covered by 2020 or 2021, when the project will end. The Patriotic Front (PF) Government of His Excellency, Mr Edgar Lungu, is committed to taking these mobile phone communication towers to every corner of the country. We want to make sure that every corner that currently has no network is connected to the mobile phone communication network.

 

I thank you, Madam.

 

Mr Kakubo (Kapiri Mposhi): Madam Speaker, I am at pains to understand the criteria used to pick how many towers will go to which area. For example, Kabwe will get two mobile phone communication towers, while Kapiri will get one. Kabwe has two constituencies and is basically an urban area. Kapiri has sixteen wards and only one ward is urban. How can a population of 300,000 get one mobile phone communication tower? How does the hon. Minister pick which areas should get a particular number of mobile phone communication towers?

 

Mr Mushimba: Madam Speaker, the needs of different areas are different, and the resource envelope is limited. We plan the best way we can with the resources we have. We look at the urgency of the needs and then we map out the implementation. If the hon. Member is challenging how we have sequenced the work, and has a real need to have us look at his constituency, I am open to engaging with him in my office so that we can relook at our plan.

 

I thank you, Madam.

 

Dr Malama (Kanchibiya): Madam Speaker, I congratulate the Patriotic Front (PF) Government for starting this ambitious programme that will ensure that communication is improved in our realm. Kanchibiya and Lavushi Manda have not been allocated any mobile phone communication towers. These districts are as large as Israel. They are double the size of Rwanda. They are bigger than Lusaka District. When is the Government going to attend to the communication need of the people in Kanchibiya and Lavushi Manda?

 

Mr Mushimba: Madam Speaker, I have heard the disappointment in the voice of the hon. Member for Kanchibiya. How we rank the needs of each place, drives how we sequence and schedule the construction of the mobile phone communication towers. Zambia is large, and a lot of its areas are sparsely populated. We look at the need for a mobile phone communication tower in a particular area. For instance, your constituency may be large, but the population may not be high. There may be factors why we are not constructing any mobile phone communication towers there in this year’s schedule. We will attend to these areas in later years. We prioritise the areas that have large clusters of people and have schools and rural health posts. Other areas will be attended to before we finish the project in 2020 or 2021.

 

I thank you, Madam.

 

Mr Ndalamei (Sikongo): Madam Speaker, the hon. Minister knows that Sikongo has only two mobile phone communication towers which cover a 5 km radius. Shang’ombo and Sioma are underserved, and do not have mobile phone communication towers. Why the Government put mobile phone communication towers has in areas where there are many mobile communication towers and left the areas which are underserved?

 

Madam First Deputy Speaker: The hon. Minister has answered that question in so many different ways. Perhaps, just for the benefit of the hon. Member for Sikongo, the hon. Minister may repeat his answer.

 

Mr Mushimba: Madam Speaker, thank you for your guidance. Indeed, I have answered that question. I said that the project completion is at 15 per cent. We have a long way to go. The criterion we used was the urgency of the need for communication in communities.

 

The Western Province has quite a number of sites where construction of mobile phone communication towers has been done. The hon. Member can engage with my office when he has time so that we can give him further information on when the other areas in the province will be addressed.

 

I thank you, Madam.

 

Mr Jere (Livingstone): Madam Speaker, the hon. Minister has told us that assessments were done. Are you aware that certain in areas, especially border areas, including Livingstone, people literary roam due to weak signal? For example, in Livingstone, the network that appears is Vodacom. I thought that the Government would have a deliberate plan to ensure the signal in border areas is strengthened. Why has the Government deliberately decided to leave out Livingstone in this project?

 

Mr Mushimba: Madam Speaker, I thank the hon. Member for that question. This ambitious project of rolling out communication towers, by the PF Government, is specifically speaking to the unserved and underserved areas. That was the major criteria that we used in selecting the areas. Livingstone is along the line of rail. Therefore, if your district is not mentioned, just like Mufulira has not been mentioned because it is in an urban area, know that the focus of this project was to bring the people who are off the grid onto the grid. Your concerns about people in border towns having to roam and getting signals from outside the country have been noted. We understand that challenge and as we continue with this project of ensuring the whole country is connected to the grid, we will address those issues.

 

I thank you, Madam.

 

Mrs Jere (Lumezi): Madam Speaker, I thank the hon. Minister for that elaborate ministerial statement. I have noted that the figures are different from the ones we were given, and what the good people of Lundazi and Lumezi Parliamentary Constituencies were informed of. I would like to know whether the list that the hon. Minister distributed to all of us was revised.

 

Mr Mushimba: Madam Speaker, the information that we have been sharing regarding this project is a living document. The workers are on site and we keep receiving requests to look at the sites. The Government keeps sending engineers and technicians out there to relook at the positioning of the sites within the confines of the 1009 towers. Lundazi will get nine sites this year. I do not know how many it will get next year. However, as I have assured the House and the nation, by the time this project comes to an end, we would have put up 1009 towers across the country to make sure we get an additional 3.5 million Zambians onto the grid and increase access to Information and Communications Technology (ICT) services.

 

Madam Speaker, I thank you.

 

Ms Kasune (Keembe): Madam Speaker, as regards the erection of communication towers, I would like to know the Government’s position regarding Keembe Parliamentary Constituency because last year, there was a handshake conversation to do with the installation of five to six towers in Keembe, but I did not hear that from the hon. Minister. I would also like to know if there is a possibility of the distribution plan being brought to the House so that all hon. Members could have access to it.

 

Mr Mushimba: Madam Speaker, the original list that I distributed accounted for all the 1009 communication towers that are going to be installed up to the end of the project. Therefore, when I give an update on where we are in this exercise, which is 15 per cent complete, I am not throwing away the original information that I gave earlier. If your constituency has been assigned those sites and there is no technical justification to move or adjust them, then your constituency will get the allocated towers. If you need the sequencing and timing of when the booths on the ground will be installed, you can come to my office, where I can share with you those details over some good coffee.

 

Madam Speaker, I thank you.

 

Madam First Deputy Speaker: Hon. Minister, are you only inviting the hon. Member of Parliament for Keembe Parliamentary Constituency for coffee or other hon. Members as well?

 

Hon. Members: Hear, hear!

 

Mr Mushimba: Madam Speaker, we are commemorating women’s week. Therefore, that invitation is to the women hon. Members of Parliament.

 

Madam Speaker, I thank you.

 

Madam First Deputy Speaker: The hon. Minister means the men as well.

 

Laughter

 

Mr Sampa (Kasama Central): Madam Speaker, I thank the hon. Minister for this ministerial statement. I want to say that the process of mapping the sites where these communication towers will be erected is taking too long. Could the hon. Minister assure the wonderful people of Kasama Central Parliamentary Constituency that this year, they will not need to climb trees in order for them to get reception and enable them speak to their loved ones. When are these towers going to be erected?

 

Mr Mushimba: Madam Speaker, not too long ago, I was in Kasama where I went to commission a communication tower at Zacharia Chanda. When you look at the way communication towers have been distributed, you will agree with me that the Northern part of Zambia has received quite a number. This year, Kasama is earmarked to receive four more sites. Therefore, hon. Member, your constituency is well covered. With regards to the criteria and when the towers will be erected, I want to say that the criterion is well known. We are obviously targeting rural areas with large clusters and needs because we want to bring people onto the grid. We are going to sequence these based on many factors that I have hinted on. The good people of Kasama will have network so that they can stop climbing trees unless they just choose to do so.

 

I thank you, Madam Speaker.

 

Mr Malama (Nchelenge): Madam Speaker, the Patriotic Front (PF) Government’s policy is not to leave anyone behind. However, I feel that the hon. Minister has, in his presentation, left the people of Nchelenge Parliamentary Constituency behind. Half of the district receives Vodacom network from the Democratic Republic of Congo (DRC). When is he saving our people from the expenses of roaming by putting them on the national grid?

 

Mr Mushimba: Madam Speaker, I do not see Nchelenge on the list for the sites that are earmarked for erection this year. I know that the hon. Member has expressed interest to have two towers and locations that we have spoken about in passing and during tea break. I am gender sensitive, so I am inviting you to my office as well so that together and over coffee, we can look at when those sites will be sited and when the works on the ground will commence.

 

I thank you, Madam Speaker.

 

Mr Malama: Hear, hear!

 

Mr Michelo (Bweengwa): Madam Speaker, I am so disappointed to hear that Monze District has only been allocated one communication tower. This is because Monze has three constituencies which include Moomba, Monze Central and Bweengwa Parliamentary Constituencies. I do not know the criteria that the Government used in allocating the number of towers to be erected in respective districts.

 

Mr Mushimba: Madam Speaker, Monze is getting one this year. Eleven towers have been done in the Southern Province, but I do not have information here on whether Monze was covered among those eleven sites. The criterion has been standard. We looked at areas that are dead spots or areas that were totally blacked out, areas that have economic activities and large settlements of people, rural setups, rural health posts, schools and areas where there are mining activities. We basically looked at areas that we wanted to get onto the grid quickly and open them up to the rest of Zambia.

 

Madam Speaker, on the information relating to how many sites are going to Monze the hon. member and I can have that engagement outside the Chamber and the information can be availed. My staff has all the details of this project up to the time it is supposed to be completed with the sequencing that we are going to do.

 

Madam Speaker, the project is very important and almost every hon. Member of Parliament wants their towers constructed today, but it is not possible to start doing everything at once. I am asking hon. Members of Parliament of bear with us and respect the sequencing. When we finish this project, all the sites that we promised in the original submission will be done. If we promised hon. Members three towers, then, they will get three towers and if it is five, then, they will get those five. The projects may not begin to today, but before the project is done hon. Members will get those sites.

 

I thank you, Madam Speaker.

 

Mr Chikote (Luampa): Madam Speaker, when we were asked to submit areas of need, I thought the hon. Minister would rely on the information we gave him. One reason for these towers, as the hon. Minister stated in his statement, is to encourage the Civil Servants who are being deployed in these rural areas to stay in these areas. Luampa is a rural district and some Civil Servants refuse to go certain areas within the district. Hence, we submitted names of areas where we have schools and hospitals so that towers can be constructed as per the statement by the hon. Minister that the Patriotic Front is walking the talk.

 

Madam Speaker, I am surprised that Luampa District has received none, while other places have been given as many as twelve to sixteen towers. I think this is what happened with the Constituency Development Fund (CDF). I believe that the Government eventually decided to give other people 100 per cent.

 

Madam Speaker, what is the hon. Minister’s comment on Luampa District which is a new district, but has not received a single tower?

 

Mr Mushimba: Madam Speaker, choosing where to construct these towers is not as simple as we may want it to be. In many cases, when hon. Members recommend sites the engineers with their sophisticated equipment get onto the ground and do measurements. We might find that the sites which were submitted are not doable for many reasons which cause us to pick other sites. I have spoken about these towers being larger and taller than the original towers that we put up. Many hon. Members are referring to the initial 204 towers that were put across 118 chiefdoms which were shorter with smaller signal strength and smaller coverage area. Sixty-six of these new towers, which are eighty-five metres tall, have been constructed and are now online and the signal radius is much wider. We may not put as many and we may not attend to all the sites that are submitted because maybe just a few strategically positioned will throw the signal to all the areas that we want covered.

 

Madam Speaker, I am asking for patience to allow the engineers and technicians to do their work. Once we finish this project, we are going redo the surveying to see which areas are left behind so that we can close that last mile. It is intention of the PF Government of His Excellency, Mr Edgar Chagwa Lungu, to make sure that every corner of Zambia has network. This will be done to ensure that we get online, so that Smart Zambia and the benefits we can get from it through improved service provision by the Government and other things that come with e-commerce can be enjoyed by everyone in this country.

 

I thank you, Sir.

 

Mr Mutaba (Mwandi): Madam Speaker, Mwandi is a constituency and a district, but it is neither on the first nor second list. What is the coverage area of these towers that are being erected? Is it a standard radius in terms of coverage in all districts?

 

Mr Mushimba: Madam Speaker, the shorter towers in Phase I covered 5 km. On average, but the towers which we are putting up now are covering a minimum of 10 km.

 

I thank you, Madam Speaker.

 

Mr Mbangweta (Nkeyema): Madam Speaker, why does the hon. Minister segregate the information he is giving to us? Nkeyema was made a district in 2013 and from what the hon. Minister has stated, we will not be getting a tower as things stand, although it may be under Kaoma Central. Why are the ministry’s technocrats having difficulties changing the information in the presentation because the most productive areas of Nkeyema are where the scheme and resettlement are, but there are no towers? Therefore, we find it very difficult to understand why the hon. Minister cannot indicate that up to now.

 

Mr Mushimba: Madam Speaker, I think the hon. Member is speaking about feedback that is given to the ministry, but not responded to as requested. That is driven by a lot of factors. When our engineers get on site and study what is obtaining on the ground, there are certain technical decisions that are made. I can explain these decisions to the hon. Member when he comes to my office.

 

Madam Speaker, again, we cannot do everything at one time. We will not get to every constituency or every corner of Zambia this year. We will sequence the works and get to all the sites if there are no technical limitations. The towers are stronger with stronger signals and a larger radius of coverage, so we may not need as many as we did in Phase I.

 

I thank you, Madam Speaker.

 

Mr Muchima (Ikeleng’i): Madam Speaker, for a change, why can the hon. Minister not look in the direction of North-Western Province where the wealth of this country comes from. For every project that is initiated by the PF, North-Western Province is the least to be considered. I have not heard or maybe I was asleep, Ikeleng’i, which has two borders with the Democratic Republic of the Congo (DRC) and Angola, the old towers are malfunctioning, the new tower which the Government is trying to put up there can not o help the situation. Why do you, the PF hate the people of the North-Western Province?

 

Hon. Government Members: ah!

 

Mr Kafwaya: Question!

 

Madam First Deputy Speaker: I know that the Government does not hate the people of the North-Western Province. The hon. Minister will only respond to the part of the question which seeks to know when the North-Western Province will be attended to.

 

Mr Mushimba: Madam Speaker, thank you for the emphasis on the PF being a Government of all Zambians, including those who might not have voted for it. When a mandate is given, it is to develop the entire country and His Excellency, Mr Edgar Lungu, is living that legacy by taking development to all corners of the country.

 

Hon. PF Members: Hear, hear!

 

Mr Mushimba: In the North-Western Province we have one tower already. I do not see many being scheduled for this year, maybe it is scheduled for next year. I would like to engage Hon. Muchima so that we can show him when the North-Western Province will be provided with towers and we will also justify why we have sequenced them the way we have so that we can walk together. I know that the hon. Member will be satisfied with the explanations once we engage.

 

I thank you.

 

Rev. Sumaili: Hear, hear!

 

Dr Musokotwane (Liuwa): Madam Speaker, I would like to thank the hon. Minister for the statement given. In the statement the hon. Minister indicated that there are ten towers for Kalabo.

 

Mr Miyutu: Yes!

 

Dr Musokotwane: Could the hon. Minister please confirm that when he is talking about Kalabo he is not talking about Kalabo as a constituency, but about Liuwa as well, so that these ten towers are for both Kalabo Central and Liuwa constituencies. Could the hon. Minister please confirm?

 

Mr Mushimba: Madam Speaker, I confirm that it is not only Kalabo, but includes Liuwa as well.

 

Madam First Deputy Speaker: Hon. Minister arising from the interest that this subject has generated in the House I would like to encourage you to bring updates to the House on the erection of communication towers in the various districts and constituencies of the country.

 

Mr Mushimba indicated assent.

 

_________

 

QUESTIONS FOR ORAL ANSWER

 

CONTRACTOR FOR MUFUMBWE SECONDARY SCHOOL

 

217. Mr Kamondo (Mufumbwe) asked the Minister of General Education:

 

(a)        when the contractor for Mufumbwe Secondary School, who had refused to hand over part of the School due to non-settlement of the contract sum, will be paid;

 

(b)        whether the Government was aware that the refusal by the contractor had adversely affected pupils who were congested in the few available classrooms; and

 

(c)        what the way forward on the matter was.

 

The Minister of General Education (Mr Mabumba): Madam Speaker, the contractor for Mufumbwe Secondary School in Mufumbwe Parliamentary Constituency has not refused to hand over part of the school due to non-settlement of the contract sum. The House may wish to note that the Government is committed to pay all approved certificates including certificates issued to Mufumbwe Secondary School subject to release of funds by the Treasury.

 

Madam Speaker, the Government recognises that the feeder schools around are congested and is working hard to ensure that Mufumbwe Secondary School project is completed to enable children access quality education. I can only urge the community around Mufumbwe to be patient for a while as the Government works hard to complete the project.

 

Madam Speaker, the way forward is that the Government needs to be given an opportunity to advance works at this school to ensure that a habitable learning environment is created. However, the ministry will explore the possibility of partially opening the school once consultations are undertaken with the relevant stakeholders.

 

I thank you, Madam Speaker.

 

Mr Mwiimbu: On a point of order madam Speaker.

 

Madam First Deputy Speaker: The hon. Member for Mufumbwe has not even started speaking, let him speak.

 

Mr Kamondo: Madam Speaker…

 

Mr Mwiimbu: On a point of order, Madam Speaker.

 

Hon. Opposition Members: Hear, hear!

 

Laughter

 

Mr Mwiimbu: Madam Speaker, I am rising on a procedural point of order. I recall that yesterday, you made a very specific pronouncement pertaining to the point of order I had raised arising from the disease that broke out in South Africa and you directed that this matter will be dealt with today and now we have started Questions for Oral Answer. Is this House in order not to listen to the advice you gave yesterday that the he should give us the statement (pointing at the hon. Minister of Health).

 

Mr Muchima: Hear, hear!

 

Dr Chilufya waved a document at Mr Mwiimbu.

 

Madam First Deputy Speaker: The point of order was indeed raised yesterday and the hon. Minister heeded to the directive and as you can see, he is showing the statement …

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: …that he is ready to deliver it. However, the chair has not allowed him to deliver the statement because the procedure is that the statement must first reach the Office the Speaker before it can be delivered in the House. For that reason, alone, I have permitted the hon. Minister of Health to deliver that statement on Tuesday.

 

Therefore, engagement has taken place and the hon. Minister did his part. It is not the fault of the hon. Minister. That is the position. The hon. Minister would actually have been more than ready if I had allowed him to deliver the statement without me seeing it first.

 

Mr Kamondo: Madam Speaker, I would like to bring to the attention of the hon. Minister that Mufumbwe Boarding Secondary School as I am talking is open and the pupils have started using the school. Now, the situation on the ground is that the contractor has refused to hand over more classrooms because the Government has not paid him his dues. He has sent to the hon. Minister a lot of certificates amounting to K840,000, but only K50,000 was paid. Therefore, the people of Mufumbwe want to find out when the Government is going to pay the contractor so that he can hand over the remaining classrooms including staff houses.

 

Mr Mabumba: Madam Speaker, under normal circumstances a school is supposed to be 100 per cent complete before it is handed over to the community. As a ministry we recognise the pressure that our communities go through and this is why sometimes we allow partial opening of schools like Mufumbwe.

 

Madam Speaker, what I want to tell hon. Kamondo that it is not a question of payment. We may be holding a few extra payment certificates for the contractor, but if you look at that particular project, it is worth K29 million and so far K16 million has been paid. Therefore, what we might owe the contractor is maybe just a million kwacha. I do not think that it is on grounds that he has not been paid that particular one million kwacha that is why he is holding on to those particular classrooms. That is why in answering part (c) of the question, I said that the ministry will hold stakeholder consultations to make sure that some of the classrooms that the community requires at Mufumbwe Boarding Secondary School should be given to them.

 

Therefore, our Commitment Madam Speaker, is that we will hold stakeholder engagements just to see how that particular process can be done including paying the little money that owe the contractor.

 

I thank you, Madam Speaker.

 

Mr Kamondo: Madam Speaker, as I said earlier on, the pupils are learning from that school. Now, we have two challenges there. Number one, there is no electricity and secondly, there is no water. Therefore, I would like to find out from the hon. Minister, what immediate measures he has so that these pupils can be provided with water and electricity as we continue waiting for the contractor to be paid.

 

Mr Mabumba: Madam Speaker, this is why I earlier said that under normal circumstances, schools are supposed to be completed before they are handed over. This is why we are sometimes reluctant to hand over schools until they are completed because we cannot hand over a school with no electricity and water. However, the Ministry of General Education will do its level best to ensure that projects that are 80 per cent done are completed at least towards the end of this year as per Presidential directive. Mufumbwe Secondary School is 70 per cent done. Therefore, when the money is released, it may not be funded. However, I recognise the fact that the ministry needs to deal with the particular case of Mufumbwe Secondary School not having water and electricity and, yet it enrolled pupils. Therefore, under the bracket of 80 per cent, we will try and direct some funds towards the school so it can be connected and the water system can be put in place.

 

I thank you, Madam Speaker.

 

Mr Muchima (Ikeleng’i): Madam Speaker, the hon. Minister said that according to the Presidential directive, all ongoing projects will be completed this year. He may have forgotten that there have been several Presidential directives to complete certain projects, but to date nothing has happened. I will give an example of projects in the North-Western Province such as the construction of Mufumbwe, Kanyama, Swanakuda and Ikeleng’i Secondary Schools which were started by the Movement for Multi-party for Democracy (MMD) Government, when Hon. Siliya was the then Minister of Education, but have up to date not been finished. Could the hon. Minister assure us that such projects will be completed this year following the Presidential directive so that we can see the potency of his Government?

 

Mr Mabumba: Madam Speaker, sixty-nine schools in the Ministry of General Education are 80 per cent and above done. The amount of money required to complete most of them in the next six months is K576 million. A serious ministerial and technical committee has been constituted to look at this particular matter. So far, the Permanent Secretary in the Ministry of Housing and Infrastructure Development has already written to the Secretary to the Treasury to mobilise the resources required to complete those projects and we are committed to do so. I want to assure Hon. Muchima, although there is no school project in Ikeleng’i which is 80 per cent done, …

 

Mr Muchima: Aah!

 

Mr Mabumba: … that those projects that he mentioned like Kayombo and so forth will be completed.

 

I thank you, Madam Speaker.

 

Mr Mwene (Mangango): Madam Speaker, if I got the hon. Minister right, he said that the contractor has not refused to hand over part of the school, yet the people of Mufumbwe are concerned because he refused. Therefore, is the hon. Minister thinking of traveling to Mufumbwe to ascertain whether the contractor refused to hand over part of the school?

 

Mr Mabumba: Madam Speaker, the mandate to operationalise a school which is 100 per cent or partially done remains with the Ministry of General Education. I said that during the stakeholder consultations, we will call that particular contractor and we will direct him to do what is supposed to be done. Of course, we will get information from the District Education Board Secretary (DEBS) in Mufumbwe to ascertain the number of classrooms that are ready and other logistics that need to be put in place.

 

I thank you, Madam Speaker.

 

Mr Chisopa (Mkushi South): Madam Speaker, is it in the best interest of the Government to allow that contractor to hold it to ransom?

 

Mr Mabumba: Madam Speaker, with due respect to my colleague’s question, I am not able to confirm that. This is because I have not yet spoken to the contractor and he has not confirmed whether he refused to hand over the classrooms on account of not being paid. This is why I said that once we engage him, I will be able to know what the actual issues are. This was an urgent question and we did not have time to confirm with the contractor doing that particular project. Therefore, I am not able to say whether the contractor is holding the Government to ransom. Like I said, the ministry has the mandate to decide to open a school partially done based on the circumstances on the ground. However, under the circumstances, the school in question is still operating, but we need to discuss with the contractor and give him a directive.

 

I thank you, Madam Speaker.

 

BAN ON THE IMPORTATION OF SECOND HAND TYRES

 

218. Mr Hamusonde (Nangoma) asked the Minister of Commerce, Trade and Industry:

 

1. whether the Government had any plans to ban the importation of second hand tyres;

 

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

 

1. if there were no such plans, why.

 

The Minister of Minesand Minerals Development (Mr Musukwa) (on behalf of the Minister of Commerce, Trade and Industry (Mr Yaluma): Madam Speaker, the Government has no immediate plans to ban the importation of second hand tyres. However, through the Zambia Bureau of Standards (ZABS), and in collaboration with the Road Transport and Safety Agency (RTSA), it is developing standard procedures to regulate the quality of imported second hand tyres in the country. In this regard, it will regulate the quality of imported used tyres in order to ensure safety of users on the market.

 

Madam Speaker, the Government will not in the immediate term ban the importation of second hand tyres, but will rather regulate the quality of the same. The development of the quality standards is still undergoing stakeholder consultations. Therefore, as soon as the consultation process is concluded, then, the regulation will be finalised and will come into effect.

 

Madam Speaker, there are no plans currently to ban the importation of second hand tyres in the immediate future. Further, the Government is cognisant of the fact that some members of the public may not be able to afford the price of new tyres hence, the importation of some tyres that are relatively cheap to allow access to affordable tyres.

 

I thank you, Madam Speaker.

 

Mr Hamusonde: Madam Speaker, is the hon. Minister aware that some accidents caused by tyre bursts emanate from the use of second hand tyres?

 

Mr Musukwa: Madam Speaker, accidents are caused by various reasons and, indeed, tyres could be one of them. This is why the Government has put in place a mechanism to ensure that only second hand tyres of high standard are allowed in the country. In fact, for avoidance of doubt, the Government would like to ensure that people buy new tyres. However, this is not feasible looking at the cost profile. To that effect, it intends to ensure that it attracts an investor and partner who can start manufacturing tyres locally, in order to reduce the cost profile for our people.

 

I thank you, Madam Speaker.

 

Dr Kopulande (Chembe): Madam Speaker, the hon. Minister has made a very important statement that we need to look for an investor to start producing tyres locally. He is aware that we have had no local tyre manufacturing company in the country for over twenty years now and we depend on second hand tyres. How far has the Government gone in establishing a local manufacturing company of tyres and when do we expect it to be on the ground and productive?

 

Mr Musukwa: Thank you …

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1640 hours until 1700 hours.

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

ANNOUNCEMENT BY MADAM FIRST DEPUTY SPEAKER

 

CHANGE OF PROGRAMME ON THE COMMEMORATION OF THE INTERNATIONAL WOMENS DAY ON 8^TH MARCH, 2018

 

Madam First Deputy Speaker: Hon. Members, I have yet another announcement to make, but it relates to my earlier announcement on the Commemoration of the International Women’s Day tomorrow, 8^th March, 2018.

 

It has come to my attention that the programme has changed. The walk will now take place from the High Court Grounds to the Freedom Statue near the New Government Complex, and not from Zambia Electricity Supply Corporation (ZESCO) as earlier announced.

 

Transport will be provided for hon. Members of Parliament at the National Assembly Motel at exactly 0700 hours.

 

Hon. Members: Hear, hear!

 

Madam First Deputy Speaker: I repeat, transport will be at 0700 hours for hon. Members taking part in this walk from the National Assembly Motel.

 

I thank you, hon. Members.

 

_________

 

The Minister of Mines and Minerals Development (Mr Musukwa) (on behalf of the Minister of Commerce, Trade and Industry (Mr Yaluma): Madam Speaker, when business was suspended, I was about to answer a supplementary question from the hon. Member of Parliament for Chembe and I wish to inform him and the House that Government, through the Ministry of Commerce, Trade and Industry is actively promoting investing in the manufacturing sector. In fact, we have prioritised the aspect of manufacturing that is why as Government, we are still actively in charge of the 140 hectares of the rubber trees in Nchelenge. Therefore, once we find a strategic partner through Zambia Development Agency (ZDA), we can start the manufacturing of tyres.

 

I thank you, Madam Speaker.

 

Dr Chanda (Bwana Mkubwa): Madam Speaker, I wish to thank the hon. Minister for his responses, however, I think he should make a difference between plans and policy especially as far as import of goods is concerned. At the moment, what we have in this country is not only these second hand tyres which are killing our people, but we also have cheap imported foods which are also killing our people through listeriosis disease. I would like to find out from the hon. Minister when his ministry is going to have the National Trade Policy ready so that there is a clear guidance on all imports because even His Excellency the President, also called for that.

 

Mr Musukwa: Madam Speaker, yes indeed, there is a clear distinction between plans and policy. If the hon. Member of Parliament for Bwana Mkubwa would care to check on the Order Paper, the question is asking about plans and did not ask about the policy.  However, as Government, we have a policy framework concerning how best we are going to ensure that the manufacturing industry comes back to its limelight. In this regard, we would like to discourage Zambia being a dumping ground for foreign products such as used tyres and other goods as he has indicated, by creating a base of manufacturing for ourselves. However, for now, we are working with Zambia Bureau of Standards (ZABS) to ensure that we get the best quality of tyres that can sustain our people.

 

Thank you, Madam Speaker.

 

Mr Mwene (Mangango): Thank you, Madam Speaker, the hon. Minister has just …

 

Mr Mutelo: On a point of order, Madam.

 

Laughter

 

Madam First Deputy Speaker: Hon. Member of Parliament for Mitete, is there a problem? You are standing right next to the hon. Member asking a question.

 

Laughter

 

Mr Mutelo: On a point of order!

 

Laughter

 

Madam First Deputy Speaker: Is it that compelling that you intend to disturb your neighbour?

 

Laughter

 

Mr Mutelo: Yes, it is.

 

Madam First Deputy Speaker: Alright, a point of order is raised.

 

Laughter

 

Mr Mutelo: Thank you Madam Speaker, my point of order is really compelling and I am totally sorry for disturbing the hon. Member of Parliament for Mangango and my neighbour in this august House.

 

However, my point of order is that we have been living with cholera from time immemorial to date, and we have been fishing all these years even though we have had cholera outbreaks.

 

Madam Speaker, yesterday, the hon. Minister of Fisheries and Livestock clearly said that the fishing ban extension is indefinite. This means that the lives of our people in the fishing areas are going to be affected. They are not the only ones who are going to be affected, but even those in the transport sector. In the end, the Zambian Gross Domestic Product (GDP) will also be affected.

 

Hon. UPND Members: Hear, hear!

 

Mr Mutelo: Is the Government in order to impose a ban, which is totally dangerous to the lives of our people?

 

Madam First Deputy Speaker: What is the point of order, hon. Member?

 

Mr Mutelo: Is the Government in order to enforce the fishing ban extension indefinitely thereby, affecting the lives of the Zambian people, including myself.

 

Madam First Deputy Speaker: The ruling is that the Chair can clearly remember what the hon. Minister said yesterday. Therefore, I do not remember the hon. Minister stating that the ban was indefinite. However, if the hon. Member for Mitete is dissatisfied with the statement and the response given by the hon. Minister of Fisheries and Livestock yesterday, he is free to ask a question for urgent answer under Understanding Order No. 31. The hon. Member for Mitete is encouraged to ask yet another question under Standing Order No. 31.

 

Mr Mwene: Madam Speaker, the hon. Minister alluded to the fact that there are many causes of road accidents. Arising from the concern of the hon. Member for Nangoma, suppose it is established that the major cause of the road accidents is the use of the imported second hand tyres, will the Government consider banning the importation of the second had tyres?

 

Mr Musukwa: Madam Speaker, indeed, the Government will work round the clock to ensure that any causes of any accident in the country are addressed. It is for this reason the Government is working with Zambia Bureau of Standards (ZABS) in collaboration with the Road and Transport Safety Agency (RATSA) to ensure that even in this precarious situation, we only accept tyres that are road worth.

 

I thank you, Madam.

 

Mr Mweetwa (Choma): Madam Speaker, I am now not less than six years old in this Parliament. Each time the Patriotic Front (PF) Administration is asked a question such as ‘do they have a plan for this or that’, they always come to this august House and say yes, they have a plan. They have never come to this august House and say they do not have a plan.  I would like to find out from the hon. Minister whether he is trying to make Parliamentary debate futile by always giving answers to questions such as ‘do they have a plan’ on issues, which they have not antecedent to the question and come to this House to tell us that they have a plan or whether their President comes here nor the hon. Minister of Finance or a particular line hon. Minister to tell us about such plans and yet, when they are asked, they come with up answers that they have a plan.

 

Madam, I am very concerned that they appear to be deceiving us and the nation at large because they should have been telling us about these things before they are asked.

 

Madam First Deputy Speaker: Can the hon. Member withdraw the word ‘deceiving.’

 

Mr Mweetwa: Madam Speaker, I wish to withdraw the word ‘deceiving’ and replace it with ‘misleading’. How can they come and say they have plans on the issue of tyres when they have had the opportunity through the Presidential Speech, Budget Speech or the ministerial speech to tell us about these plans, but they only come and say they have plans when they are asked a question.

 

Madam First Deputy Speaker: What is the question?

 

Mr Mweetwa: Madam, I would like to know from the hon. Minister whether he is trying to make Parliamentary debate futile. If not, why has the Government not been telling the House about such plans on such important issues before questions are asked? If anything, the PF knows that they cannot be trusted.

 

Madam First Deputy Speaker: The hon. Minister will ignore the last part of the question and only answer the question why the plans are never availed to the House.

 

Laughter

 

Mr Musukwa: Madam Speaker, firstly, I want to state that the PF Government has plans to transform this country.

 

Interruptions

 

Mr Musukwa: Yes, it has. I am sure the works that we have done is evident for us to see. In this regard, the Ministry of Commerce, Trade and Industry has actually generated a policy, which is undergoing Cabinet process and will be presented by the hon. Minister to this House so that we are vividly able to see what we are talking about in terms of enhancing the manufacturing industry.

 

Madam, I am surprised, the learned hon. Member has attended the hon. Minister of Finance’s Address, His Excellency the President’s Address and in all the addresses, His Excellency the President, made serious pronouncements about our industrialisation programme through the Industrial Development Corporation (IDC), which we have now actualised. The IDC is our anchor and vehicle in terms of ensuring that we get our manufacturing industry right back on track.

 

Madam Speaker, I am very grateful and I have decided to ignore the politics that he did.

 

I thank you, Madam Speaker.

 

_____

 

BILLS

 

SECOND READINGS

 

THE RENT (Amendment) Bill,  N.A.B. No 1 of 2018

 

The Minister of Justice (Mr Lubinda): Madam Speaker, Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam Speaker, the Rent (Amendment) Bill, 2018, seeks to amend the Rent Act in order to revise the limits of the civil jurisdiction of magistrates in rent matters to the maximum limit of K100,000 in annual rent.

 

Madam, currently, the Rent Act restricts the definition of ‘court’ to only the High Court in relation to the threshold of K3,600. It is necessary to amend this definition to include the subordinate courts in relation to rent below or equal to K100,000 per annum. As the law stands, any matter involving rent above K3,600 per year is heard and determined by the High Court. Overtime, this has contributed to the High Court being overloaded with numerous cases that can well be handled by learned magistrates across the country.

 

Madam Speaker, the effect of the proposed amendment is that the subordinate court of the first class, presided over by a senior resident magistrate or a resident magistrate will now be able to hear and determine applications and complaints under the Rent Act, where the annual rent payable for a dwelling house is less than or equal to K100,000.

 

Madam Speaker, the amendment will ensure increased access by litigants to courts to address applications arising under the Rent Act. There is little room to doubt that the presence of subordinate courts in every district will encourage litigants to approach their district subordinate courts to resolve landlord and tenant disputes where the annual rent is K100,000 or less.

 

Madam Speaker, the proposed amendment is a move in a very progressive direction and will greatly enhance access to justice for all potential litigants who have grievances. I, therefore, would like to appeal to honourable colleagues in the House to support this very progressive and non-controversial amendment.

 

I thank you, Madam Speaker.

 

Mr Jere (Livingstone): Madam Speaker, I rise to present your committee’s report on the Rent (Amendment) Bill, N.A.B No.1 of 2018, which was referred to your Committee on 20^th February, 2018. The object of the Bill is to amend the Rent Act, Chapter 206 of the laws of Zambia, in order to revise the limit of the civil jurisdiction of magistrates in relation to claims relating to annual rentals of residential premises.

 

Madam, the House may wish to know that the proposed amendment to the Rent Act is consequential to the amendments being proposed in the Subordinate Courts (Amendment) Bill, 2018. The effect of the amendment is to raise the monetary jurisdiction of magistrates from K3,600 (un-rebased) per annum to K100,000 per annum. This means that subordinate courts of the first class will now be able to adjudicate rental disputes up to the value of K100,000 per annum. The proposed amendment is, therefore, noncontroversial as it seeks to align the Rent Act with the Subordinate Court Act. Your Committee, therefore, supports the amendments.

 

Madam, during your Committee’s deliberations, a number of observations were raised by various stakeholders who appeared before your Committee. The concerns raised as well as your Committee’s observations and recommendations are well articulated in your Committee’s report. I, therefore, urge the Executive to take note of the concerns and initiate appropriate action to address them.

 

Madam Speaker, in conclusion, I wish to thank you most sincerely for affording your Committee the opportunity to scrutinise the Rent (Amendment) Bill, N.A.B No.1 of 2018. I also want to thank the stakeholders who provided both written and oral submissions, which your Committee relied on to inform its report. Sincere gratitude is also extended to the Clerk of the National Assembly and her staff for the services provided during your Committee’s deliberations.

 

Madam Speaker, with these few words, I thank you.

 

Mr Lubinda: Madam Speaker, I would like to thank the House sincerely for unanimously supporting this amendment. Let me assure your Committee under the able chairmanship of Hon. Jere that the Ministry of Justice has taken into consideration its proposals, particularly the idea of amending the Landlord and Tenant Business Premises Act, Chapter 193 of the laws of Zambia. The Executive will soon come to the House with an amendment to that piece of legislation to bring it in conformity with this amendment.

 

I thank you most sincerely, Madam Speaker.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 20^th March, 2018.

 

THE SUBORDINATE COURTS (AMENDMENT) BILL, N.A.B No.2 of  2018

 

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

 

Madam Speaker, the Subordinate (Amendment) Bill, 2018, seeks to amend the Subordinate Courts Act in order to revise the limits of the jurisdiction of magistrates in the following ways:

 

Position                                                        Current                       Proposed

 

Chief Resident Magistrate                              K30,000                      K100,000

 

Principal Resident Magistrate                         K30,000                      K90,000

 

Senior Resident Magistrate                            K25,000                      K70,000

 

Resident Magistrate                                       K20,000                      K50,000

 

Magistrate Class I                                          K10,000                      K30,000

 

Magistrate Class II                                        K8,000                        K25,000

 

Magistrate Class III                                       K4,000                        K20,000

 

Madam Speaker, the Subordinate Courts Act currently dictates that any dispute that is above K30,000 has to be filed in the High Court of Zambia. The High Court of Zambia only has permanent presence in Lusaka, Kabwe, Ndola, Kitwe and Livingstone. Litigants in the provinces with no permanent high court, have to file their cases at the provincial district registry of the High Court of Zambia and they have to wait for a circuit judge to deal with their matters. Circuit judges, unfortunately, due to a busy schedule are only allocated twenty-one days for the hearing and disposal of civil and criminal cases during high court circuits. This period is limited as priority is given especially to criminal cases where accused persons are in custody.

 

This scenario entails that many of the civil cases that are filed at the district registries remain unactioned for a long time.

 

Madam Speaker, the monetary jurisdiction of magistrates was last revised in 1998.This jurisdiction has been eroded by inflation and has resulted in small monetary claims being filed in the High Court thus also contributing to the congestion in the High Court. This has also led to unequal distribution of work amongst different classes of magistrates where senior magistrates have case overload because most cases are beyond the jurisdiction of junior magistrates.

 

Madam, this is obviously a non-controversial amendment. I, therefore, urge hon. Colleagues of this august House to support the Bill. The realignment of the jurisdiction will take into account changes in the capacity of the judiciary to deal with matters especially in light of the fact that a number of magistrates are now professional magistrates who are qualified legal practitioners.

 

I thank you, Madam.

 

Mr Jere (Livingstone): Madam Speaker, the Subordinate Courts (Amendment) Bill, N.A.B. No 2 of 2018 was referred by the House to your Committee for scrutiny on Tuesday, 20^th February, 2018. Your Committee duly carried out its functions with the assistance of various stakeholders who provided valuable information.

 

The object of the Bill is to amend the Subordinate Courts Act in order to revise the limits of the civil jurisdiction of magistrates in all personal suits arising from torts and contracts as well as actions for recovery of rentals.

 

Madam Speaker, all the stakeholders who appeared before your Committee supported the Bill, but made a number of observations which have been captured in your Committee’s report.

 

Allow me to highlight a few concerns which were raised and the recommendations which your Committee has made in its report to this House.

 

Madam Speaker, most of the stakeholders submitted that the proposed amendment which seeks to increase the jurisdiction of magistrates will result in an increase in the volume of civil cases coming before the Subordinate Courts.They noted that currently, magistrates across the country are sharing court rooms and chambers. With the increased civil jurisdiction, pressure will be brought to bear on existing court infrastructure and will undoubtedly result in clogging of civil cases resulting in perennial delays in the delivery of justice.

 

It is on this basis that your Committee recommends that efforts to build new court infrastructure by the Government be expedited because in the long run, if the issue of limited court infrastructure is not addressed, it will water down this well-intended amendment which is aimed at increasing civil jurisdiction of magistrates in order to speed up delivery of justice.

 

Madam Speaker, connected to the anticipated increase of civil cases coming before the Subordinate Courts is the resulted increase in the workload of magistrates. The House may wish to know that magistrates have for a long time been complaining about their poor conditions of service in comparison with the much better conditions of judges of superior courts. To this end, your Committee urges the Government to look into the conditions of service of magistrates in the medium to long term. At present, however, there should be a corresponding revision to the magistrates’ remuneration commensurate to the additional duties they will take on following this amendment.

 

Madam Speaker, the other critical issue which was raised during your Committee’s deliberations is that following amendments to Section 20(1) of the Principal Act, the proviso to Section 21 and 22(a) would be rendered irrelevant because they would have been sufficiently covered under the proposed amendment. In this regard, your Committee recommends that the said parts to Sections 21 and 22 be removed.

 

Madam Speaker, as I conclude, allow me to pay gratitude to you for according your Committee the opportunity to scrutinise the Bill. I also pay tribute to the stakeholders who appeared before your Committee and gave both written and oral submissions.

 

Special thanks are also extended to the Clerk of the National Assembly and her staff for various services and courtesies extended to your Committee during its deliberations.

 

I thank you, Madam.

 

Mr Mweetwa (Choma Central): Madam Speaker, thank you very much for giving me the opportunity ...

 

Mr Mwiimbu: On a point of order, Madam.

 

Madam First Deputy Speaker: A point of order is raised.

 

Mr Mwiimbu: Madam Speaker, I rise on a very serious point of order on the conduct of this House vis-à-vis discrimination.

 

Madam Speaker, I would like you to take judicial notice that Parliament has today, 7^th March, 2018, written to the Electoral Commission of Zambia (ECZ) declaring the Chilanga Parliamentary Seat vacant.

 

We are all alive to the traditions and customs of this House. Whenever there is a matter that is pending in court, this House does not take any action.

 

Madam Speaker, the letter, which I have mentioned, gives the reason of declaring the seat vacant based on Article 70(2)(f):

 

“A person is disqualified from being elected as a Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law.”

 

Madam Speaker, we are all aware that our colleague, the hon. Member of Parliament for Chilanga, Hon. Mukata, has appealed against the sentence and conviction. We are also aware that there are people here who are serving, but lost their cases in the High Court. Without any stay of the decisions, they are still serving because they have appealed the decisions, and Parliament has never declared their seats vacant.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mwiimbu: Madam Speaker, is this House in order to discriminate against its hon. Members on issues of Parliamentary privilege, which privilege has been accorded to them. Is your office in order to declare the Chilanga Parliamentary Constituency seat vacant when the area Member of Parliament has appealed to a Higher Court, ...

 

Mr Mweetwa: Others are there.

 

Mr Mwiimbu: ... and others are still serving? Is your office in order to do that? Maybe that is why there was a fundraising in Chilanga because the Patriotic Front (PF) knew that there was going to be a by-election?

 

Hon. Opposition Members: Hear, hear!

 

Mr Mwiimbu: Madam Speaker, I need your serious ruling.

 

Madam First Deputy Speaker: The Chair will, obviously not pay attention to the last part of the point of order because it is irrelevant. However, my immediate comment is that the Chair will reserve ruling in order to give a correct interpretation of the provision of the Constitution that the hon. Member for Monze Central Parliamentary Constituency has referred to. Therefore, the ruling is reserved. The hon. Member of Parliament for Choma Central Parliamentary Constituency was on the Floor.

 

Mr Mweetwa: Madam Speaker, before the point of order was raised, I was just about to begin thanking the Chairperson for the Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs for its recommendations. In representing this side of the House (looking at the hon. UPND Members), I want to say that we are not like the Patriotic Front (PF). When a good proposal is made, we support it, unlike them. Look at them.

 

Laughter

 

Mr Mweetwa: Madam Speaker, whenever we bring a progressive Motion to this House, the hon. PF Members gang up like children and oppose even what makes sense.

 

Hon. Government Members: Aah!

 

Madam First Deputy Speaker: Hon. Member, withdraw that reference.

 

Mr Mweetwa: Madam Speaker, I withdraw and say that it is disappointing that the PF never supports any issues brought to this House by the Opposition Members no matter how progressive the issues or Motions. However, whenever the hon. Members on your right want to move a Motion, they ask one of their hon. Members to move it on the Floor of the House and not one of us. Is this democracy? I have just stood to say that on this side of the House, we are fully in support of this Motion because the amendments being proposed are progressive and they are in national interest.

 

Madam Speaker, I thank you.

 

Hon. UPND Members: Hear, hear!

 

Mr Lubinda: Madam Speaker, let me focus on the progressive submission made by the Chairman of your Committee. I want to seize this opportunity to thank him and your Committee for being extremely apolitical in looking at this amendment. Let me assure you that the Executive is, indeed, going to amend Sections 21 and 22 of the Subordinates Court Act Cap 28 of the Laws of Zambia in line with the recommendation by your Committee. This must be an illustration of the fact that the Executive will always listen and accept progressive and reasonable proposals made such as these ones that your Committee has made.

 

Madam Speaker, the recommendation by your Committee is very progressive as it will look at the conditions of service of magistrates. We are alive to the fact that because of the increasing of the jurisdiction of Magistrates’ Courts, more cases will be handled by magistrates. At the moment, we have 229 magistrates across the country, and we certainly need more. For us to attract well qualified citizens to serve as magistrates, the Judiciary will have to look at their conditions of service. I want to assure you that the Magistrates and Judges Association of Zambia (MAJAZ) are in active consultation with the Judicial Service Commission (JSC).

 

Madam Speaker, finally, the building of infrastructure is a matter that is receiving the attention of the Government. I would just like to remind the House that when I was presenting the Budget on behalf of the Judiciary, I indicated that starting this year, the Judiciary will start constructing a new Magistrates Complex in Mwembeshi to try and increase magistrates’ spaces in the country. I also want to reiterate my call upon hon. Members of Parliament to consider contributing by constructing local courts and where possible, magistrates courts in their constituencies.

 

Madam Speaker, I would like to thank all hon. Members of Parliament gathered here for being extremely progressive and for not politicising this very progressive amendment.

 

Madam Speaker, I beg to move.

 

Hon. Government Members: Hear, hear!

 

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

 

Committed to the Committee of the Whole House.

 

Committee on Tuesday, 20^th March, 2018.

 

THE JUDICIARY ADMINISTRATION BILL, N.A.B. No 3 of 2018

 

The Minister of Justice (Mr Lubinda): Madam Speaker, I beg to move that the Bill be now read a second time.

 

Madam, the proposed Judiciary Administration Amendment Bill seeks to revise the qualifications of research advocates and to provide for research assistants. The current situation, as provided for under Section 13 of the Judicial Administration Act No 23 of 2016, requires that a person before being appointed as a research advocate must have at least two years experience. This has resulted in the Judiciary encountering challenges in attracting research advocates for judges of superior courts.

 

Madam Speaker, the challenge arises from the fact that by the time an advocate attains two years experience that is required, they would have been well established either in private or public practice, and they may not wish to leave their current employment to join the Judiciary. The proposed amendment, therefore, provides for a legal practitioner to be appointed to the position of research advocate upon admission to the Bar, which is upon clearing qualification examinations at the Zambia Institute of Advanced Legal Education (ZIALE). This will enable the Judiciary to recruit research advocates in order to alleviate the current shortage of research advocates in the Judiciary.

 

Madam Speaker, the proposed amendment will also improve the quality and speed of delivery of judgments. In the long term, this will result in improved access to justice and enhance the rule of law. On the other hand, the amendment seeks to provide for the establishment of the Office of Research Assistants. Currently, research advocates are only allocated to judges of Superior Courts leaving magistrates without any support. The proposal is that research assistants must now be recruited and deployed to magistrates. This, again, is in recognition of the fact that magistrates are having heavier workloads and with the passage of the proposed Bill that I presented earlier, magistrates will now have a higher jurisdiction and so, they will certainly require professional assistants.

 

Madam Speaker, this is also a non-controversial Bill, and I, therefore, urge hon. Members of this august House not to abuse this Bill, but to pass it as a progressive Bill that the people of Zambia will benefit from.

 

Madam Speaker, I beg to move.

 

Mr Jere (Livingstone): Madam Speaker, I rise to present the Report of your Committee on the Judiciary Administration (Amendment) Bill N.A.B No. 3 of 2018, which was referred to your Committee on Tuesday, 29^th February, 2018. The object of this Bill was to amend the Judiciary Administration Act in order to:

 

1. reserve the qualifications of a research advocate;

 

1. provide for research assistants; and

 

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

 

Madam Speaker, allow me to acquaint the House with the position of research advocates as it currently exists in the Judiciary. Research Advocates are employed primarily to provide research services to judges of superior courts, namely; High Court Judges, Court of Appeal Judges, Constitutional Court Judges and Supreme Court Judges. One of the qualifications to be appointed as a research advocate is that one has to have at least two years post-qualification experience as an advocate.

 

Madam Speaker, it is this two years post qualification experience that the Bill seeks to remove. Your Committee learnt from the stakeholders that the rationale behind the amendment is that the Judiciary does not have competitive conditions of service to attract and retain advocates of more than two years post qualification experience. In other words, the Judicial Service Commission is lowering the standard in order to attract advocates of less than two years experience to the position of research advocate.

 

Madam Speaker, the stakeholders understood the difficult situation in which the Judiciary finds itself in and, therefore, reluctantly supported the Bill with the caveat that the Government should urgently address the conditions of service pertaining to this position.

 

Madam Speaker, your Committee equally supports the Bill, but observes that the conditions of service for research advocates are comparatively low in the market, hence, making the position unattractive to experienced advocates. Your Committee, therefore, recommends that the Government urgently addresses this anomaly because the quality of lawyers to fill this position should not be compromised owing to the critical role they play in the dispensation of justice.

 

Madam Speaker, with respect to the introduction of research assistants for the Subordinate Courts, your Committee readily supports the amendment in view of the anticipated increased civil jurisdiction of magistrates. Your Committee observes that the discretion to determine the qualifications of research assistants has been left to the Judicial Service Commission. Your Committee, however, recommends that the law should specify that research assistants should at least be holders of a Bachelors Degree in Law, so that they are able to execute their duties effectively.

 

Madam Speaker, in conclusion, allow me to thank you for according your Committee the opportunity to scrutinise the Bill. I also wish to pay tribute to the stakeholders who appeared before your Committee and gave both written and oral submissions. Special thanks are also extended to the Clerk of the National Assembly and her staff for various services and courtesies given to your Committee during its deliberations.

 

Madam Speaker, I thank you.

 

Dr Kopulande (Chembe): Madam Speaker, I thank you for giving me the opportunity to comment on this important piece of legislation.

 

Madam Speaker, to the extent, the availability of an efficient and effective judicial practice is essential and a major cornerstone of any democratic dispensation, it is critical to make sure that the quality of the process of dispensation of justice must be at its highest. 

 

Madam Speaker, it is a fact that it has become difficult for the Judiciary to attract experienced legal practitioners to serve as assistants to the judges under the current arrangement in terms of staff remuneration. I sympathise with the hon. Minister of Justice, however, is the solution to lower the bar? Is the solution to reduce the qualifications that have been set for the type of staff that we need to help the dispensation of justice? Is that the solution? I do not think so. The solution, in my view, is to make sure that the conditions are such that they will attract the staff.

 

Madam Speaker, a judge has a lot of work to do and judges may not have time to do research and study in preparation for delivering of a judgement and so they depend of research officers to do the ground work. You have a situation where the research officer does not have sufficient experience. A research officer is, in fact, an adviser to the judge, but how can an adviser to a judge be fresh from school? What advice will they give to the judge?

 

Madam Speaker, I think this issue must be looked at more critically. We cannot afford to lower the bar. If anything, we must be looking at raising the bar and raising the quality of the judicial officers. Otherwise, a wrong judgement will send an innocent person to death for no fault of the judge, but because the judge has been presented information, evidence and case references that may not be relevant and ends up passing a wrong judgement which may be a death sentence. You have taken away an innocent life as a result of expedience. That we cannot risk. Dispensation of justice is the cornerstone of our existence as a people, the cornerstone of our democracy and the cornerstone of any civilised society.

 

Mr Jere (Livingstone): Madam Speaker, I rise to present the Report of your Committee on the Judiciary Administration (Amendment) Bill N.A.B No. 3 of 2018, which was referred to your Committee on Tuesday, 29^th February, 2018. The object of this Bill was to amend the Judiciary Administration Act in order to:

 

1. reserve the qualifications of a research advocate;

 

1. provide for research assistants; and

 

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

 

Madam Speaker, allow me to acquaint the House with the position of research advocates as it currently exists in the Judiciary. Research Advocates are employed primarily to provide research services to judges of superior courts, namely; High Court Judges, Court of Appeal Judges, Constitutional Court Judges and Supreme Court Judges. One of the qualifications to be appointed as a research advocate is that one has to have at least two years post-qualification experience as an advocate.

 

Madam Speaker, it is this two years post qualification experience that the Bill seeks to remove. Your Committee learnt from the stakeholders that the rationale behind the amendment is that the Judiciary does not have competitive conditions of service to attract and retain advocates of more than two years post qualification experience. In other words, the Judicial Service Commission is lowering the standard in order to attract advocates of less than two years experience to the position of research advocate.

 

Madam Speaker, the stakeholders understood the difficult situation in which the Judiciary finds itself in and, therefore, reluctantly supported the Bill with the caveat that the Government should urgently address the conditions of service pertaining to this position.

 

Madam Speaker, your Committee equally supports the Bill, but observes that the conditions of service for research advocates are comparatively low in the market, hence, making the position unattractive to experienced advocates. Your Committee, therefore, recommends that the Government urgently addresses this anomaly because the quality of lawyers to fill this position should not be compromised owing to the critical role they play in the dispensation of justice.

 

Madam Speaker, with respect to the introduction of research assistants for the Subordinate Courts, your Committee readily supports the amendment in view of the anticipated increased civil jurisdiction of magistrates. Your Committee observes that the discretion to determine the qualifications of research assistants has been left to the Judicial Service Commission. Your Committee, however, recommends that the law should specify that research assistants should at least be holders of a Bachelors Degree in Law, so that they are able to execute their duties effectively.

 

Madam Speaker, in conclusion, allow me to thank you for according your Committee the opportunity to scrutinise the Bill. I also wish to pay tribute to the stakeholders who appeared before your Committee and gave both written and oral submissions. Special thanks are also extended to the Clerk of the National Assembly and her staff for various services and courtesies given to your Committee during its deliberations.

 

Madam Speaker, I thank you.

 

Dr Kopulande (Chembe): Madam Speaker, I thank you for giving me the opportunity to comment on this important piece of legislation.

 

Madam Speaker, to the extent, the availability of an efficient and effective judicial practice is essential and a major cornerstone of any democratic dispensation, it is critical to make sure that the quality of the process of dispensation of justice must be at its highest. 

 

Madam Speaker, it is a fact that it has become difficult for the Judiciary to attract experienced legal practitioners to serve as assistants to the judges under the current arrangement in terms of staff remuneration. I sympathise with the hon. Minister of Justice, however, is the solution to lower the bar? Is the solution to reduce the qualifications that have been set for the type of staff that we need to help the dispensation of justice? Is that the solution? I do not think so. The solution, in my view, is to make sure that the conditions are such that they will attract the staff.

 

Madam Speaker, a judge has a lot of work to do and judges may not have time to do research and study in preparation for delivering of a judgement and so they depend of research officers to do the ground work. You have a situation where the research officer does not have sufficient experience. A research officer is, in fact, an adviser to the judge, but how can an adviser to a judge be fresh from school? What advice will they give to the judge?

 

Madam Speaker, I think this issue must be looked at more critically. We cannot afford to lower the bar. If anything, we must be looking at raising the bar and raising the quality of the judicial officers. Otherwise, a wrong judgement will send an innocent person to death for no fault of the judge, but because the judge has been presented information, evidence and case references that may not be relevant and ends up passing a wrong judgement which may be a death sentence. You have taken away an innocent life as a result of expedience. That we cannot risk. Dispensation of justice is the cornerstone of our existence as a people, the cornerstone of our democracy and the cornerstone of any civilised society.

 

Clauses 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 ordered to stand part of the Bill.

 

CLAUSE 41 – (Management of public assets and stores in ministries, and Government agencies)

 

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 41, on page 37, in lines 26 to 28 by the deletion of subsection (9) and the substitution therefor of the following:

 

(9)        The Accountant-General shall issue guidelines for accounting, recording and reporting of Government assets.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 41, as amended, ordered to stand part of the Bill.

 

Clauses 42 and 43 ordered to stand part of the Bill.

 

CLAUSE 44 – (Disposal of public assets and stores by local authority statutory corporation, and state owned enterprise)

 

Mrs Mwanakatwe: Mr Chairperson, I beg to move an amendment in Clause 44, on page 38, in line 28:

 

1. by the deletion of paragraph (c); and

 

1. by the renumbering of paragraph (d) as paragraph (c).

 

Amendment agreed to. Clause amended accordingly.

 

Clause 44, as amended, ordered to stand part of the Bill.

 

Clauses 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65,

 

66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92 and 93 ordered to stand part of the Bill.

 

Title agreed to.  

 

_____

 

HOUSE RESUMED

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

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

 

The Public Finance Management Bill, 2018.

 

Report Stage on Thursday, 15^th March, 2018.

 

_____

 

MOTION

 

ADJOURNMENT

 

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

 

Question put and agreed to.

 

_____

 

The House adjourned at 1856 hours until 1430 hours on Tuesday, 13^th March, 2018.