Friday, 10^th July, 2020

 

The House met at 0900 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

_______

 

RULING BY MR SPEAKER

 

POINT OF ORDER RAISED ON TUESDAY, 25^TH FEBRUARY, 2020, BY HON. J. KAPATA, MP, MINISTER OF LANDS AND NATURAL RESOURCES AGAINST MR C. MWEETWA, MP, MEMBER OF PARLIAMENT FOR CHOMA CENTRAL PARLIAMENTARY CONSTITUENCY ALLEGING THAT MR C. MWEETWA, MP ATTACKED HER HONOUR THE VICE-PRESIDENT, MRS I. WINA, MP, BY CALLING HER SHALLOW AND SHAMEFUL FOR LINKING THE GAS ATTACKS TO REGIME CHANGE

 

Mr Speaker: Hon. Members, I have a ruling to render and, as I do so, I order Mr C. Mweetwa, MP, and Member of Parliament for Choma Central Parliamentary Constituency to stand by his seat.

 

Mr Mweetwa rose.

 

Mr Speaker: Hon. Members, you will recall that on Tuesday, 25^th February, 2020, when Hon. O. P. Mwansa, MP, Minister in the Office of the Vice-President was rendering a ministerial statement and Mr M. Jere, Member of Parliament for Livingstone Parliamentary Constituency was about to ask a follow-up question, Hon. J. Kapata, MP, raised the following point of order:

 

“Sir, after the Vice-President’s Question Time on Friday, Hon. Mweetwa decided to go to Diamond TV’s ‘COSTA’ programme and attacked Her Honour the Vice-President regarding an answer she gave in response to a question asked by another hon. Member of Parliament. Hon. Mweetwa rode on that hon. Member’s question to attack Her Honour the Vice-President in the media. Is he, therefore, in order to attack Her Honour the Vice-President by calling her shallow and shameful for linking gas attacks to regime change?

 

Sir, I need your ruling and I am going to lay the paper on the Table.”

 

Hon. Members, in my immediate response, I reserved my ruling in order to familiarise myself with the alleged publication and also reflect on the matter. I have since studied the matter and I am now ready to render my ruling.

 

The point of order raises the issue of a Member attacking another Member’s freedom of speech and debate outside the House.  Hon. Members, the freedom of speech and debate in the House is a fundamental privilege guaranteed to hon. Members of Parliament under our law and parliamentary practice and procedure. The following authorities attest to the preceding proposition.

 

First, Section 3 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia provides as follows:

 

“There shall be freedom of speech and debate in the Assembly. Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly.”

 

Second, Erskine May on Parliamentary Practice, Twenty-Fourth Edition, states, at page 222, as follows:

 

“Subject to the rules of order in debate, a Member may state whatever he thinks fit in debate, however offensive it may be to the feelings, or injurious to the character, of individuals; and he is protected by parliamentary privilege from any action for defamation, as well as from any other question or molestation.”

 

Third, eminent authors on parliamentary practice and procedure, M. N. Kaul and S. L. Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, state as follows at page 304:

 

“It is a breach of privilege and contempt of the House to make speeches, or to print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any Member of the House for or relating to his character or conduct as a Member of Parliament.

,

“Speeches and writings reflecting on the Houses or its Committees or Members are punished by the House as contempt on the principle that such acts will tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them.”

 

Fourth, Audrey O’Brien and Marc Bosc, in their book entitled House of Commons Procedure and Practice, Second Edition, (Ottawa, House of Commons, 2009), state, at page 108, as follows:

 

“Members are entitled to go about their parliamentary business undisturbed. The assaulting, menacing, or insulting of any Member on account of his behaviour during a proceeding in Parliament, is a violation of the rights of Parliament. Any form of intimidation of a person for or on account of his behaviour during a proceeding in Parliament could amount to contempt.”

 

Hon. Members, in line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly wrote to Mr C. Mweetwa, MP, requesting him to state his side of the story on the matter.

 

Further, since the point of order alleged that Mr C. Mweetwa, MP, made the alleged statement on Diamond TV’s ‘Costa’ programme on which he featured, the Office of the Clerk wrote to Diamond Television to request for the video recording of the said Costa Programme.

 

Also, the House may wish to note that the Mast newspaper, Edition No. 1206 for Tuesday, 25^th February, 2020, published an article on the said Costa Programme entitled:

 

“Wina, Shallow, Shameful to Link Gas Attacks to Regime Change - Mweetwa.”

 

In this article, the following statements were attributed to Mr C. Mweetwa, MP:

 

1. “UPND Deputy Spokesperson, Cornelius Mweetwa, says it is shameful and shallow for Vice-President Inonge Wina to insinuate that gassers could be agitating for regime change.”
2. “If anyone is thinking about taking this opportunity because of gassing [saying] ‘No, let us change the regime,’ like the Vice-President said on the Floor of the House that ‘No, this gassing some people want regime change.’ That was shallow for the Vice-President of the country. Shallow and shameful,” Mweetwa exclaimed.”

 

In this regard, the Office of the Clerk wrote to the Mast newspaper requesting it to confirm whether or not the statements alleged to have been made by Mr C. Mweetwa, MP, were correctly attributed to him.

 

Hon. Members, in his response to the letter from the Office of the Clerk, Mr C. Mweetwa, MP, denied attacking the persona of Her Honour the Vice-President, as alleged in the point of order, by calling her ‘shallow and shameful’. His letter of response reads as follows:

 

“Dear Madam

 

RE:   POINT OF ORDER BY HON. J. KAPATA, MP, MINISTER OF LANDS AND NATURAL RESOURCES

 

“I acknowledge receipt of your letter dated 27^th instant and note the contents contained therein.

 

“I am, however, constrained to give a meaningful and reasoned response to your letter in the absence of a specific charge tabulating the rules/laws that I violated through the statement that I am alleged to have made. I am fully aware that citizens, in our democratic dispensation, are permitted to express opinions on statements issued by national leaders both in the House and outside.

 

“I wish to further advise that while the point of order as well as your letter allege that I attacked the persona of the Vice-President by calling her shallow and shameful, at no time did my statement refer to her persona, but rather to the statement that she uttered.

 

“Yours faithfully,

 

“Mr C. Mweetwa, MP

 

“CHOMA CENTRAL PARLIAMENTARY CONSTITUENCY”

 

Further, Diamond Television supplied the video recording of the Costa Programme which featured Mr Mweetwa, MP, as requested.  The footage revealed that Mr C. Mweetwa, MP, in discussing the gassing situation in the country, uttered the following statement:

 

“If they want dununa reverse like they did in 2011, they did in 2015-2016; it is their choice. We will continue to beg them that there is a better alternative that can deliver this country and if they do not agree with us, who are we to force them? But we will not say no, now there is gassing let’s remove this Government No! We want 2021 elections to come. If anyone is thinking about taking this opportunity because of gassing, no, let us change regime, like the Vice-President said on the Floor of the House, no we know this gassing is because some people want regime change. That was shallow of a Vice-President of a country! Shallow and shameful!”

 

Hon. UPND Members: Hear, hear!

Mr Speaker: Furthermore, the Mast newspaper, despite several reminders, did not respond to the letter from the Office of the Clerk of the National Assembly.

 

Hon. Members, in the point of order, Hon. J. Kapata, MP, alleged that Mr C. Mweetwa, MP, attacked Her Honour the Vice-President regarding a statement she made on the Floor of the House by describing her as ‘shallow and shameful’ for linking the gas attacks to regime change. In his written response, Mr C. Mweetwa, MP, denied describing Her Honour the Vice-President as ‘shallow and shameful’. However, Mr Mweetwa, MP, admitted having used the words ‘shallow’ and ‘shameful’. He further explained that he used the words ‘shallow’ and ‘shameful’ in reference to the statement of Her Honour the Vice-President contrary to the point of order which alleged that he attacked the persona of Her Honour the Vice-President by describing her as ‘shallow and shameful’.

 

Hon. Members, it is evident from the written response tendered by Mr C. Mweetwa, MP, as well as the footage obtained from Diamond Television that, indeed, Mr Mweetwa, MP, described the Vice-President as ‘shallow and shameful’.

 

To put it succinctly, hon. Members, the article by the Mast newspaper and the footage obtained from Diamond Television depicts crystal clearly, that Mr Mweetwa, MP, did, in fact, say that:

 

“That was shallow of the Vice-President of a country! Shallow and shameful!”

 

I find that this statement was Mr Mweetwa’s estimation of Her Honour the Vice-President and, therefore, an attack on her persona based on what she said on the Floor of the House. The utterance by Mr Mweetwa, MP, also amounted to denigrating Her Honour the Vice-President on account of her conduct of business during a proceeding of Parliament. This was clearly a violation of Rights of Parliament as envisaged by the learned authors Audrey O’Brien and Marc Bosc in their work entitled House of Commons Procedure and Practice, referred to above.

 

Further, the description of Her Honour the Vice-President as ‘shallow and shameful’ was demeaning and disrespectful to her as a person, and also, to the Office of Vice-President and Leader of Government Business in the House, both positions that she holds. I must state here that I have always counselled hon. Members on numerous occasions that it is important for hon. Members to accord respect to one another, and moreover, for Her Honour the Vice-President, granted that she holds the second highest position in the land.

 

Hon. Members, in view of the foregoing, I find Mr C. Mweetwa, MP, to have been out of order, in breach of Parliamentary Privilege and in contempt of the House. In view of the foregoing, I have decided to admonish him in accordance with Section 28(1)(b) of the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia.

 

I will now address you, Mr C. Mweetwa, MP.

Mr C. Mweetwa, MP, your description of Her Honour the Vice-President as ‘shallow’ and ‘shameful’ amounted to a personal attack on Her Honour the Vice-President. This is because the words ‘shallow’ and ‘shameful’ were deployed to describe Her Honour the Vice-President.  And in view of the position she holds as Vice-President of the Republic of Zambia and Leader of Government Business in the House, your description of her in those terms was demeaning and highly disrespectful. As a long-serving Member of this august House, it is most unfortunate that you conducted yourself in the manner you did. Your misconduct has the potential of lowering the integrity and decorum of the House. As an hon. Member, your conduct should be above reproach, both inside and outside the House. The House is, in this regard, extremely displeased with your conduct. I expect that in future, you will abide by the rules of the House and avoid such misconduct. A repetition of such misconduct will definitely attract a stiffer penalty. You may proceed to tender your apology.

_______

PERSONAL STATEMENT

APOLOGY BY THE MEMBER OF PARLIAMENT FOR CHOMA CENTRAL, HON. C. MWEETWA

 

Mr Mweetwa (Choma Central): Mr Speaker, thank you very much for inviting me to this House. I was last here in March. Thank you for asking me to come and apologise for a statement I made in reference to the statement made by Her Honour the Vice-President in what I believe was in furtherance of my enjoyment of my freedom of speech as entrenched in the Bill of Rights of the Constitution of the Republic of Zambia.

 

Mr Speaker, asking me to apologise is like asking me to stop breathing. I made it abundantly clear to your Committee that I, ...

 

Mr Speaker: Order!

 

Hon. Member, resume your seat.

 

You have been advised of the proceeding, and I believe you were approached by the Clerk of the National Assembly. Further, you are not the first one to be requested to apologise in the circumstances that I have outlined. So, I will still give you the liberty to follow a very well established procedure for tendering an apology.

 

Mr Mweetwa: Mr Speaker, the person who should apologise is Her Honour the Vice-President for misleading the nation that we, the Opposition were colluding–

 

Mr Speaker: Hon. Member, resume you your seat.

 

Is it your position that you have refused to apologise?

 

Mr Mweetwa: Mr Speaker, I cannot apologise for enjoying my freedom of speech.

 

Mr Speaker: It is a very simple question.

 

Mr Mweetwa: Mr Speaker, this is the reason we continue in this House – no way –

 

Mr Speaker: Resume your seat.

 

Mr Mweetwa: Mr Speaker, no way! You punish me for what I have done wrong not for no wrongdoing. No.

 

Mr Speaker: Resume your seat.

 

Mr Nkombo: Kokaala ansi!

 

Mr Speaker: It is a very simple question that I have posed to you.

 

Mr Mweetwa: There is nothing like this!

 

Mr Speaker: You either apologise or not, then, we proceed. We cannot spend the rest of our time on this. You either accept to apologise or you refuse. It is that simple. You do not have to offer any explanation.

 

Mr Mweetwa: Mr Speaker, I communicated to management yesterday that I cannot apologise for no wrongdoing.

 

Mr Speaker: So, you have refused to apologise?

 

Mr Mweetwa: Sir, I am not apologising.

 

Mr Speaker: Resume your seat.

 

So, for the record, Hon. Mweetwa, Member of Parliament for Choma Central, has refused to apologise to Her Honour the Vice-President. Let us proceed.

 

Hon. UPND Members left the Assembly Chamber.

 

_______

 

BUSINESS OF THE HOUSE

 

The Vice-President (Mrs Wina): Mr Speaker, there is a disease sometimes called superiority complex which is misapplied.

 

Mr Speaker, I rise to acquaint the House with the business it will consider next week. On Tuesday, 14^th July, 2020, the Business of the House will begin with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will debate Motions to adopt the reports of the following committees:

 

1. Committee on National Security and Foreign Affairs on the Proposal to Ratify the Protocol for the Suppression of Unlawful Acts of Violence at the Airports, serving International Civil Aviation Supplementary to the Convention for the Suppression of the Lawful Act against the Safety of Aviation of 1988;
2. Committee on Government Assurances; and
3. Committee on Transport Works and Supply on the Proposal to Ratify the Cape Town Convention on International Interest in Mobile Equipment and the Protocol to the Convention on International Interest in Mobile Equipment on Matters Specific to Aircraft Equipment.

 

Mr Speaker on Wednesday, 15^th July, 2020, the Business of the House will start with Questions for Oral Answer, if there will be any. Thereafter, the House will consider Private Members’ Motions, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Then, the House will debate Motions to adopt the reports of the following Committees:

 

1. Committee on National Security and Foreign Affairs on the Proposal to Ratify the Convention on the Prevention and Punishment of the Crime of Genocide;
2. Committee on Delegated Legislation; and
3. Committee on Local Government Accounts on Revenue Mobilisation and Utilisation in Local Authorities.

 

Sir, on Thursday, 16^th July, 2020, the Business of the House will begin with Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. Thereafter, the House will debate Motions to adopt the reports of the following Committees:

 

1. Committee on National Security and Foreign Affairs on the Proposal to ratify the protocol for the International Convention for the Suppression of Unlawful Acts Against the safety of Maritime Navigation of 1988; and
2. Committee on National Economy, Trade and Labour Matters.

 

Mr Speaker, on Friday, 17^th July, 2020, the Business of the House will commence with the Vice-President’s Question Time. Thereafter, the House will consider Questions for Oral Answer, if there will be any. This will be followed by presentation of Government Bills, if there will be any. The House will then debate the Motion to adopt the Report of the Committee on National Economy, Trade and Labour Matters on Financial Inclusion vis-à-vis the use of Digital Payment Platforms in Zambia.

 

I thank you, Sir.

 

_______

 

 

THE VICE-PRESIDENT’S QUESTION TIME

 

Mr Chaatila (Moomba): (Inaudible) Mr Speaker, I remember that in 2011, a 5 litre container of cooking oil –

 

Mr Speaker: Order!

 

 Hon. Member for Moomba, we did not get the first part of the question. Could you start all over?

 

Mr Chaatila: Mr Speaker, in 2011 and 2016, the Patriotic Front (PF) Government, when campaigning, promised the people of Zambia more money in their pockets. I remember that for example, a 5 litre container of cooking oil in 2011 was worth about K68. In the village, we call it saladi. Now, the same container is costing about K175. What has happened to the promises the PF made in 2011 and 2016? The PF promised the youths especially, that they were going to have more money in their pockets. What has happened to its promises?

 

The Vice-President (Mrs Wina): Mr Speaker, indeed, there is money in some people’s pockets. This Government has created many jobs in the districts through the creation of new districts. Quite a number of young men and women have been employed as public workers in these areas. This Government has embarked on robust infrastructure development of roads, hospitals and schools. At these construction sites, there have been many young people who are employed in various categories, and they have definitely earned money. It does not necessarily mean that this Government has not done anything or not done much to support the livelihoods of our people. With the stimulus packages now being introduced, more people will be able to gain extra income from their economic activities.

 

I thank you, Sir.

 

Mr Mwiinga (Chikankata): Mr Speaker, why is the Patriotic Front (PF) Government failing to ask the hon. Ministers who have been found wanting by the Anti-Corruption Commission (ACC) to pave way for it to do its work professionally?

 

The Vice-President: Mr Speaker, the ACC is at liberty to investigate anyone, including senior leaders in the Government. This work is ongoing, as can be seen from the cases that have been taken to the courts of law. So, the Executive does not interfere with the work of the ACC, whatsoever.

 

I thank you, Sir.

 

Mr Nyirenda (Lundazi): Inaudible

 

Mr Speaker: Order!

 

Hon. Member for Lundazi, you are not audible.

 

Mr Nyirenda: Mr Speaker, are you able to get me?

 

Mr Speaker: I am able to get you now.

 

Mr Nyirenda: Mr Speaker, in the new normal, the cases of Coronavirus Disease-2019 (COVID-19) are increasing in our country every day. It is like it has come to stay. Does the Government have plans to introduce a COVID-19 allowance for hon. Members of Parliament in order to be in conformity with other countries?

 

The Vice-President: Mr Speaker, I think the opposite should prevail. It is the hon. Members of Parliament who should share their small allowances with the people in their communities and constituencies who have been impacted negatively by Coronavirus Disease-2019 (COVID-19). I do not believe that Parliament has plans to introduce a stimulus package to support the hon. Members of Parliament.

 

I thank you, Sir.

 

Mr Ng’ambi (Chifubu): Mr Speaker, the people on the Copperbelt are concerned that the major road projects such as the Copperbelt 400 Kilometre Road Project (C-400) and the urban road projects have been suspended, but they have continued to see the improvement of road infrastructure in Lusaka. They are extremely concerned. Why have the road projects that were supposed to have benefitted the people of Chifubu Constituency been suspended, when other roads are being rehabilitated here in Lusaka?

 

The Vice-President: Mr Speaker, when funds are availed to the contractors on the Copperbelt, I believe they will continue with the work on township roads. The current works going on in Lusaka have not been suspended, and the works are still on course. Some of the contractors had agreed to use their own resources to continue with the works. So, I believe that this may be the same for the township roads on the Copperbelt.

 

I thank you, Sir.

 

Mr Phiri (Mkaika): Mr Speaker, in Katete, the challenge that we have is the Chanida/Katete Road. This road is very bad. It is a gazetted Government road. When is the Government going to rehabilitate this road?

 

The Vice-President: Mr Speaker, the hon. Member of Parliament may take note that a number of projects were suspended, particularly after the advent of COVID-19 because a lot of resources have been diverted to support the initiatives being taken by the Ministry of Health to address or to stop the spread of COVID-19. When funds are made available, works will continue to be undertaken even in areas like the Eastern Province, where the Katete/Chanida Road is supposed to be completed.

 

I thank you, Sir.

 

 

Mr Kamboni (Kalomo Central): Mr Speaker, the people in Kalomo are experiencing prolonged load-shedding for over eight to nine hours per day, when some other areas are actually experiencing less hours of load-shedding. Why is Kalomo alone given more hours of load-shedding? This is a very hot issue in Kalomo?

 

The Vice-President: Mr Speaker, I would advise the hon. Member of Parliament for Kalomo Central to visit ZESCO Limited to find out why there is more load-shedding in Kalomo than in other places.

 

I thank you, Sir.

 

Mr Lihefu (Manyinga): Mr Speaker, the people of Zambia would like to know when the Patriotic Front (PF) hon. Ministers who illegally stayed in office before the 2016 General Election will pay back the taxpayers’ money. In view of the challenges that we have in the country, we will be able to use it towards the fight against Coronavirus Disease-2019 (COVID-19).

 

The Vice-President: Mr Speaker, the case was not concluded in the courts. So, I suppose a pronouncement will be made when it is appropriate to do so, for the benefit of the hon. Member of Parliament and the country at large.

 

I thank you, Sir.

 

Ms Kucheka (Zambezi West): Mr Speaker, in 2016, during the issuance of National Registration Cards (NRCs) and voter’s cards in Zambezi West, there were a lot of anomalies. The process started with voter’s cards before NRCs were issued. This disadvantaged many people in the constituency and they could not get their voter’s cards. What is the Government doing to avoid having this anomaly repeat itself?

 

The Vice-President: Mr Speaker, I can assure the hon. Member of Parliament for Zambezi West that this anomaly will not arise this year because the Electoral Commission of Zambia (ECZ) is equally prepared to carry out the processes leading to voting next year, including registering would-be voters after the issuance of National Registration Cards (NRCs) has been conducted throughout the country by the Ministry of Home Affairs. A timetable has already been worked out where certain dates have been pronounced regarding when the registration and issuance of NRCs will start and when the registration of voters will follow. So, this is a well-worked-out programme and the process will start as soon as possible during this month.

 

I thank you, Sir.

 

Mr A. B. Malama (Nchelenge): Mr Speaker, Zhengtai Group (Z) Limited was the company that was awarded a K210 million contract for a water reticulation project for Nchelenge and Chienge Districts, and the programme has stalled for over a year now. Could Her Honour the Vice-President assure us that the contractor will get back on site and continue the works so that the people of Nchelenge and Chienge can have clean water.

 

The Vice-President: Mr Speaker, I cannot give a conclusive answer to that issue, but I will instruct the hon. Minister responsible to follow up that matter, so that the hon. Member can be given a concrete response to his concern.

 

I thank you, Sir.

 

Mr Mwiimbu (Monze Central): Mr Speaker, Her Honour the Vice-President is the one who speaks on behalf of the Electoral Commission of Zambia (ECZ) on the Floor of this House and presents its budget. It is also her responsibility to tell us what measures are in place to ensure that there are free and fair elections whenever an issue arises in this House.

 

Sir, on Saturday in Monze, the Director-General of the Zambia Correctional Services issued a public statement that he shall ensure that come 2021 elections, his officials and others in the Zambia Correctional Services will be made to support President Lungu and ensure that he wins. Her Honour the Vice-President is aware that arising from the Constitutional Court ruling, prisoners are now authorised to vote and they are under the care of the Director-General of the Zambia Correctional Services. What measures are being put in place to ensure that every political party will have access to the prisoners and the liberty to campaign to them taking into account –

 

Hon. Government Members: How?

 

Mr Mwiimbu: You are saying ‘how?’

 

Mr Speaker: Order!

 

Hon. Member, do not address those who are asking ‘how?’ Just ask your question.

 

Mr Mwiimbu: Mr Speaker, from what I am hearing, the Government is saying that it will not happen that the Opposition will campaign to the prisoners. If that is the Government’s position, how can it allow an election to take place when members of the Opposition will not have access to the prisoners and officers arising from the statement I referred to and the statements that are being made by the Cabinet?

 

Interruptions

 

Mr Speaker: Order!

 

The Vice-President: Mr Speaker, firstly, no political party has been allowed to canvas for votes in correctional service centres, not even the Ruling Party, the Patriotic Front (PF), is allowed to do that. If the Director-General of the Zambia Correctional Services made a statement, the Government has not yet received an official presentation of that report. It might have been an utterance on his part at that time, but as far as the Government is concerned, we have not received any written report from the Director-General. Secondly, there is no policy yet governing the conduct of political parties in the correctional service centres. So, if hon. Members want that matter to be tabled in the House, it will be done. However, for now, we are saying that no political party should go to correctional service centres to campaign for votes.

 

I thank you, Sir.

 

Dr Chanda: On a point of order.

 

Mr Speaker: Hon. Member for Bwana Mkubwa, I note that there is a point of order. However, my practice is not to allow points of order during this session. Maybe, it is something inadvertent on your part.

 

Ms Tambatamba (Kasempa): Mr Speaker, I am sure Her Honour the Vice-President is familiar with the fact that the Constituency Development Fund (CDF) is the mainstay of basic empowerment programmes in communities across the nation and all constituencies. Looking back at this Meeting of Parliament, all United Party for National Development (UPND) hon. Members of Parliament and many Patriotic Front (PF) hon. Members of Parliament only received one full CDF allocation from 2016. The second payment was only K2.5 million, which is half of the amount, for the four years we have been in Parliament.

 

Sir, there have been too many by-elections taking place. There are two by-elections in Kasempa that have been instigated and the PF Government is able to find money for all by-elections, no matter how many they are. However, they cannot find money that benefits the citizens and voters who voted them into Government. When can we expect all the arrears for the CDF to be paid, including the one for 2020, so that we take development to all parts of the country without leaving anyone behind?

 

The Vice-President: Mr Speaker, there is no law that guarantees that all Constituency Development Fund (CDF) arrears should be paid. However, as soon as funds are made available, the last batch of the CDF will be provided to the constituencies.

 

Sir, the holding of elections whether at ward, constituency or parliamentary level, is a constitutional obligation that the Government has to provide and adhere to. I am surprised to hear the hon. Member for Kasempa who passes laws in this House complain about the many by-elections that are taking place because those by-elections are not as a result of the inducement of councillors by the PF Government. This has been debated in the House before. We are all aware that the United Party for National Development (UPND) councillors have been in office for almost four years and they have realised that they are not going anywhere at the end of next year and they are now jumping ship before they get there. It is not because they are not being induced by anyone. It is from the realisation that they are not on firm ground and the sand under their feet is sinking. So, let us stop blaming the PF for the resignation of many councillors in the UPND.

 

I thank you, Mr Speaker.

 

Mr C. M. Zulu (Luangeni): Mr Speaker, in an effort to reduce the price of mealie meal in the country, the Government embarked on a programme a couple of years ago to put up solar hammer mills across the country. This was a good initiative by the Government but, unfortunately, some of those hammer mills have never worked. For instance, not a single solar hammer mill in Luangeni Constituency is working. People have rejected them and they are asking me whether they can be allowed to tap power and connect to their houses. What is Her Honour the Vice-President’s take on this?

 

The Vice-President: Mr Speaker, the initial intention of those hammer mills was not only to mill maize into mealie meal but to also provide electricity to the neighbouring houses and have solar water pumps near those locations. As to whether people can connect their houses to the main grid, we will leave it to ZESCO Limited to examine the situation on the ground and see how we can use the solar hammer mill facilities to ensure that the people benefit. As the House might be aware, the solar hammer mills belong to the Zambia Co-operative Federation (ZCF) and I believe it is looking into all these possibilities of making the maximum use of the hammer mills.

 

I thank you, Sir.

 

 

Mr Siwanzi (Nakonde): Mr Speaker, there was an announcement that ZESCO Limited will soon roll out a programme to install smart meters at a cost of US$40 million which will enable the company to remotely switch off appliances in households. Is Her Honour the Vice-President in a position to shed more light on this project before the public is misinformed by the rumour mongers in the name of the Opposition?

 

The Vice-President: Mr Speaker, indeed, ZESCO Limited has a plan of deploying a smart grid network which includes the installation of smart meters. The smart grid makes use of technologies that improve fault detection remotely and allows self-resolution of the network in real time without the intervention of technicians.

 

Sir, this will ensure a more reliable supply of electricity and reduced vulnerability to natural disasters or attacks. However, Cabinet is yet to consider ZESCO’s proposal and, perhaps later, the hon. Minister of Energy will present a ministerial statement on the same.

 

 I thank you, Sir.

 

Mr Phiri (Mkaika): I have already asked a question.

 

Mr Mwila (Chimwemwe) Inaudible   

 

Mr Speaker: Order!

 

You are not audible, hon. Member for Chimwemwe.

 

Mr Mwila:  Sir, am I audible now?

 

Mr Speaker: Yes, you are.

 

Mr Mwila: Mr Speaker, in justifying the unfortunate booing incident in Monze last week, a named leader of the Opposition issued a statement to the effect that booing is not illegal. The people of Chimwemwe would like to find out to what extent investor confidence would be guaranteed in our country if the Ruling Party cadres also adopt booing as a new normal, as they are threatening to do in all the Ruling Party strongholds in provinces and constituencies.

 

The Vice-President: Mr Speaker, let me begin by stating, clearly, that I am deeply saddened and disappointed at the behaviour of all those involved in this very unpleasant act against the Head of State. Further, to assume that this is an expression of human rights and democracy is, indeed, to miss the point.

 

Sir, on 11^th August, 2016, Zambians exercised their democratic rights to vote, and they elected Mr Edgar Chagwa Lungu President of the Republic of Zambia. It follows then, that His Excellency President Lungu is the President for all Zambians regardless of one’s political standing and the country’s voting patterns. Therefore, he is entitled to an appropriate reception as Head of State in any part of this country.

 

Mr Speaker, furthermore, our Zambian culture, and, indeed, the African culture in general, encourages us to respect our leaders and elders in society and treat them with dignity. It goes without saying that the position of Head of State necessitates the utmost respect from all Zambians regardless of one’s political affiliation. It is, therefore, regrettable that some negative elements want to tarnish Zambia’s record of political stability by sowing seeds of discontent and discodance in their constituencies.

 

Sir, I am alarmed that to date, we have not seen any of the political leaders from the particular constituency and elsewhere, where these ugly events took place, stand up and condemn the behaviour of the cadres. That, in itself, speaks volumes. However, I will leave it to the Zambian people to make their own judgment on certain leaders who delight in promoting hooliganism. I wish to encourage all well-meaning Zambians to reject any politician who wants them to engage in negative politics and acts against the Head of State. In any case, who are they to question the intelligence of the 50 plus one per cent Zambians who voted for Mr Lungu in a democratically conducted national election? The Head of State should be supported as he takes development to all parts of this country. He is clearly demonstrating and walking the talk of “One Zambia, One Nation.”

 

I thank you, Sir.

 

 Hon. Government Members: Hear, hear!

 

Mr Muchima (Ikeleng’i): Mr Speaker, are you getting me?

 

Mr Speaker: Hon. Member for Ikeleng’i, I can get you.

 

Mr Muchima: Mr Speaker, I would like to find out from Her Honour the Vice-President whether the Coronavirus Disease-2019 (COVID-19) is in two parts; the first one being for the Ruling Party, the Patriotic Front (PF) and another for the Opposition.

 

 Hon. UPND Members: Hear, hear!

 

 Mr Muchima: Sir, this question is in regard to the holding of public meetings. Last weekend, in Ikeleng’i, the Deputy Secretary-General of the Ruling Party led a huge group and held a public meeting where they alleged that 1,200 defectors from the United Party for National Development (UPND) had joined the PF. This was done against the COVID-19 Statutory Instrument (SI) which has been put in place by the Ministry of Health. When the UPND wants to hold a public meeting, the Government says doing so is illegal because there is an SI prohibiting such gatherings. I would like to find out from Her Honour the Vice-President how it is lawful for the PF to conduct public meetings? Are we now free to conduct public meetings irrespective of the SI?

 

 The Vice-President: Mr Speaker, receiving defectors does not amount to conducting a public meeting. The United Party for National Development (UPND) has also been conducting its own meetings in the name of, not only card renewal, but intra-party elections.

 

Mr Nkombo interjected.

 

 Mr Speaker: Order, hon. Member for Mazabuka Central! You surely know that you cannot engage Her Honour the Vice-President in that manner. You could send a note if you wanted to.

 

May Her Honour the Vice-President, please, continue.

 

 The Vice-President: Sir, receiving defectors is not a Constitutional, but a social issue, and one cannot stop people from defecting from one party to the other. Maybe, there are also individuals who defect from the PF to other parties, but I do not think these are planned meetings which require permission from the police. Therefore, the Coronavirus Disease-2019 (COVID-19) has come for everybody. I do not think it will be the PF members only who will die from this disease. It is up to us, as individuals, to take care of ourselves by observing the regulations and measures which have been pronounced by the Ministry of Health and to be responsible for our own conduct and health.

 

 I thank you, Sir. 

 

Mr Livune (Katombola): Mr Speaker, when City Market caught fire, Her Honour the Vice- President arrived at that scene and alluded to the fact that it was the work of the Opposition. A few months ago, Her Honour the Vice-President, on the Floor of this House, alleged that the gassing incidents that had rocked the nation were being motivated by the Opposition. Is that still the position of Her Honour the Vice-President together with the Patriotic Front (PF) Government?

 

The Vice-President: Mr Speaker, my position on a number of issues regarding some of the incidences of sabotage by people who are opposing this Government has not changed because there cannot be a situation where someone who support the Government can torch a market. There is no way someone who supports the Government and wants to see Government developmental projects escalate in the country can torch a hospital, damage a bridge or damage ZESCO power lines. This must be the work of hooligans of some sort or some Opposition person who does not want to see this country prosper.

 

I thank you, Mr Speaker.

 

Dr Chibanda (Mufulira): Mr Speaker, my question is premised on the huge discovery of gold in our country. Of late, there have been concerns from Zambians that this gold must be mined by the Zambia Consolidated Copper Mines Limited-Investment Holdings (ZCCM-IH) instead of having joint ventures with foreigners. What is your take on the concerns from Zambians that this gold which is being discovered is ending up in the hands of foreigners as opposed to ending up in the hands of Zambians?

 

The Vice-President: Mr Speaker, this country is rich in minerals, and the Government has taken note of the importance of these resources to the economy of the country. The mining industry is central to the economic development agenda of Zambia. I wish to assure the House that gold Mining will be done in a systematic manner which would improve the living conditions and livelihood of our people. In this vein, the hon. Minister responsible for Mines and Mineral Development will come to the House and issue a ministerial statement on the processes now taking place, particularly, with regard to the joint ventures with some international companies.

 

Mr Speaker, I thank you.

 

Ms Katuta (Chienge): Mr Speaker, what is the Government going to do about the Pedicle Road, seeing that this is a much-awaited road by the Zambians, especially those who travel to Luapula in the northern part of Zambia. When you drive along that road and see the portholes on it, you would think there were no engineers or consultants on site. Is the Government going to pay this contractor or ask him to redo the road completely unlike patching it up as he is doing?

 

The Vice-President: Mr Speaker, hon. Members may be aware that the road that is being referred to runs between the Copperbelt Province and Luapula Province. Further, part of that road runs through the Democratic Republic of Congo (DRC). A contractor was working on that road. However, I suppose he has to wait for funds for him to complete the road and carry out the necessary repairs to it.

 

I thank you, Sir.

 

_______

 

QUESTION FOR ORAL ANSWER

 

KALOMO DISTRICT FOOT AND MOUTH DISEASE OUTBREAK

 

249.  Mr Kamboni (Kalomo Central) asked the Minister of Fisheries and Livestock:

 

(a)        whether the Government is aware of an outbreak of Foot and Mouth Disease in Kalomo District;

 

(b)        if so, when drugs will be procured for the District; and

 

(c)        what measures have been put in place to contain the disease before it spreads to other areas.

 

The Minister of Fisheries and Livestock (Prof Luo): Mr Speaker, the Government is, indeed, aware of the outbreak of Foot and Mouth Disease in Kalomo District. The areas that have been identified as being affected are Lungunya, Nkandanzovu, Chibasa and Siachitema.

 

Mr Speaker we need to appreciate that Foot and Mouth Disease is a viral infection that affects ruminants like cattle, sheep, and goats. It also affects pigs. The disease is controlled amongst other things, through animal vaccinations. As such, the Government has already sent vaccines to the district to combat the disease outbreak. Since the vaccines have to be given in three lots, once we finish the vaccination of the first round, we expect to send more for the second round and then, later, the third round.

 

Mr Speaker, the fact is the measures that we put in place as a ministry is to continue with the surveillance of the disease so that we are able to appreciate the size of the problem and the extent of the spread and determine if, indeed, it is not only these areas that have been identified that are affected.

 

Sir, we are carrying out sensitisation awareness campaigns to inform the livestock farmers on how to identify this disease, its prevention and control measures that they should be involved with.

 

We are also restricting movement of animals from the affected areas to the other places. Furthermore, we are also carrying out ring vaccinations around the affected areas to limit the spread of the disease from the four places that have been identified.

 

Mr Speaker, I thank you.    

 

Mr Kamboni (Kalomo Central): Mr Speaker, the Foot and Mouth Disease (FMD) has been around for a long time now. The population of cattle is above 120,000 –

 

Dr Chanda: On a point of order, Sir.

 

Mr Speaker: A point of order is raised.

 

Dr Chanda: Mr Speaker, thank you for the opportunity to rise on a point of order. Proceedings of the House are followed by citizens across the country because they attach great importance to what goes on in this House. I rise on a very serious point of order concerning this morning’s  behaviour and conduct of the hon. Member of Parliament for Choma Central, Hon. Cornelius Mweetwa, when he openly reduced the integrity of the House by defying your order, Mr Speaker, and basically went against your ruling and engaged you.

 

 Is the hon. Member for Choma Central in order to reduce the integrity of this House by defying you, Mr Speaker, and going against your orders?

 

 I seek your very serious ruling.

 

Mr Speaker: My short ruling is this: what you witnessed is not the end of the matter.

 

The hon. Member for Kalomo Central may continue.

 

Mr Kamboni: Mr Speaker, the FMD has been present in Kalomo District for some time now. The cattle population is above 120,000 and goats are numerous. The checkpoint is sponsored by commercial farmers because the Government has failed. Government offices do not even have money for fuel to go in the field to monitor the situation. The hon. Minister is talking about drugs, but by last week, there were no drugs. However, I heard, yesterday, that only about 16,000 doses are in Kalomo when the population of cattle and goats is over 200,000. How then can you manage a disease without money to even buy fuel for officers to go and sensitise farmers? Further, the amount of drugs is too little, if at all it is even there. May I get the concern of the hon. Minister over this matter?

 

Prof Luo: Mr Speaker, I appreciate the concerns that the hon. Member of Parliament has raised. However, let me take advantage of his lamentation to share not only with this august House but also the nation at large that the FMD is an infectious disease just like the Coronavirus Disease-2019 (COVID-2019) which the country has been grappling with. As such, it is extremely difficult when people do not obey the regulations that are put before them to not move animals from one place to another.

 

Mr Speaker, people need to question why somebody would be selling animals cheaper than normal. Normally, people who do that are those who want to get rid of their animals. To this effect, what we have decided, as a ministry, not only for livestock but also for fisheries, is to make this matter a community response, not a Ministry of Fisheries and Livestock only response. We are working on a strategy to appoint honorary livestock officers at village level who can be following up people who misbehave.

 

Mr Speaker, the assertion that the Government has not been able to send enough vaccines is not exactly correct. In fact, the FMD vaccines are bought from Botswana. When the doses were bought, the first district to receive them was Kalomo. So, animals in Kalomo were vaccinated. However, to have a good response, all vaccination rounds must be undertaken. The officers who vaccinate give a period. So, if you vaccinate today, then the second round can be given. It does not mean that when the first vaccine is given today, the second round should be administered tomorrow. There is a specific period that is given. So, vaccines have been given up to the second dose. If you only go up to the second dose, it means the animals have not built up an immune response to the FMD.

 

Mr Speaker, we were waiting to go and vaccinate the third dose so that we are satisfied as a ministry that the animals have, indeed, built up an immune response against the FMD. While waiting for the third round, the Government got reports of animals that were getting infected. The infection entered through Namwala and spread to Kalomo. So, the Government is going back to start the vaccination once again. This means that the first and second doses were a waste. That is why it is important not to put vaccination as the Government’s prime target, but the raising of awareness so that people begin to understand that they are the causers of the spread of the FMD.

 

I thank you, Sir.

 

_______

 

MOTIONS

 

REPORT OF THE BUDGET COMMITTEE ON THE REVIEW OF THE FIRST QUARTER PERFORMANCE OF THE 2020 BUDGET

 

Mr Simfukwe (Mbala): Mr Speaker, I beg to move that the House do adopt the Report of the Budget Committee on the Review of the First Quarter Performance of the 2020 Budget for the Fourth Session of the Twelfth National Assembly, laid on the Table of the House on Thursday, 2^nd July, 2020.

 

Mr Speaker: Is the Motion seconded?

 

Mr P. Phiri (Mkaika): Mr Speaker, I beg to second the Motion.

 

Mr Simfukwe: Mr Speaker, the Committee reviewed the first quarter performance of the 2020 Budget for selected ministries and provinces. From the outset, let me remind the House that the macroeconomic framework for Zambia in 2020 was set to focus on stimulating the domestic economy by reducing the Budget deficit. This is premised on some of the following macroeconomic objectives:

 

1. attain annual Gross Domestic Product (GDP) growth rate of, at least, 3 per cent;
2. sustain inflation within the range of 6 to 8 per cent; and
3. raise international reserves to, at least, 2.5 months of import cover, among other objectives.

 

Sir, preliminary results from the Bank of Zambia (BoZ) Survey of Business Opinions and Expectations for the First Quarter of 2020 indicates worsening economic conditions in the country with all the monitored indictors having deteriorated while economic growth is now projected at     -2.6  per cent for 2020.

 

Sir, one key macroeconomic indicator that that has had a negative effect on the performance of the economy during the period under review is the exchange rate. The depreciation pressures or weakening of the kwacha in the foreign exchange market considerably increased in the first quarter of 2020 and depreciated by 28.9 per cent to reach K18.11 to US$1 as at 31^st March, 2020.

 

Mr Speaker, on the fiscal framework, the Committee noted that while some revenue targets were met during the period under review, there were low Value Added Tax (VAT) collections. Arising from the foregoing, it is observed that releases to ministries, provinces and other spending agencies during the period under review shows the perpetual trend observed overtime on the poor release of funds by the Treasury with the 2020 first quarter being the worst affected whereby releases averaged below 15 per cent.

 

Mr Speaker, at this juncture, allow me to share some key recommendations by the Committee arising from its review of the performance of the first quarter of the 2020 Budget. The Committee observes with concern that the 2020 economic growth prospects for the country in the first quarter indicate worsening economic conditions with all the monitored indicators having deteriorated. Further, your Committee notes that the 2020 economic growth is likely to be lower than the 2 per cent in 2019, thereby, having an impact on the 2020 National Budget as evidenced by the subdued revenue collections during the period under review.

 

The Committee, therefore, recommends that the Executive should, as a matter of agency, review the 2020 National Budget in order for it to respond to the emerging issues and have more realistic macro-economic targets.

 

Mr Speaker, the Committee expresses dismay that despite its repeated recommendations, the country’s domestic and foreign debts still remain a huge burden. Further, while noting the justification for the appointment of Lazard Frères & Co. as the debt adviser for the next three years, given the institution’s connections with bondholders, the Committee contends that local experts have the ability to provide this service or work with a foreign adviser in undertaking this assignment.

 

Mr Speaker, in this vein, the Executive should develop and implement an emergency economic recovery strategy to address the current challenges. Additionally, the Executive should engage local experts comprising officials from the Ministry of Finance as well as local independent consultants to form part of the Lazard Freres team on debt restructuring.

 

Sir, in conclusion, the Committee wonders why mega or big projects are placed under Head 21 – Ministry of Finance on Loans and Investment when the portfolio function for all infrastructure is under Head 54 – Ministry of Housing and Infrastructure Development. Your Committee, therefore, recommends that this matter should be addressed in the subsequent Budgets by ensuring that all mega infrastructure projects are placed under Head 54 and accountable by the controlling officer under the Ministry of Housing and Infrastructure Development.

 

Mr Speaker, I thank you.

 

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

 

Mr Phiri: Mr Speaker, now.

 

Mr Speaker, I thank you for according me this opportunity to second the Motion which has been ably moved by the Chairperson of the Committee.

 

Sir, allow me to highlight some issues that also came out prominently during the review of the 2020 Budget.

 

Impact of the Coronavirus Disease-2019 (COVID-19) Pandemic on the National Budget

 

Mr Speaker, your Committee observed that many stakeholders who appeared before it attributed the poor release of funds to ministries and spending agencies to the Coronavirus Disease-2019 (COVID-19) pandemic during the first quarter of the 2020 financial year. However, the Committee contends that COVID-19 had no impact on the first quarter of 2020 because the semi-lockdown was only implemented towards the end of March this year. It is expected, however, that the COVID-19 impact could be justified in the second quarter of the financial year.

 

The Mining Fiscal Regime

 

Sir, the other issue that came out very prominently was the issue of the mining fiscal regime. Your Committee is concerned that in the past sixteen years, the mining taxation has been revised over ten times. This explains the challenge faced by the sector.

 

Sir, the mining sector remains the major contributor to Zambia’s export earnings and revenue. Therefore, there is a need for the Government to explore a taxation regime that will balance the needs of both the Government and the mines. This turbulent time provides an opportune time to address the challenges posed by the unstable mining tax regime. It is, therefore, necessary for the Executive to comprehensively review the mining taxation in order to establish a sustainable taxation system that will benefit both the mines and the Government.

 

Irregular Meetings by the National Development Co-ordinating Committee

 

Mr Speaker, lastly, your Committee observes that irregular meetings by the National Development Co-ordinating Committee (NDCC) as the apex body for policy implementation has negatively affected the implementation of key activities by structures at provincial and district levels. Your Committee, therefore, advises the Executive to ensure that the NDCC meetings are held at regular basis in order to ensure that resolutions made are implemented by provinces and districts.

 

Mr Speaker, with these few remarks, I would like to thank you for according the Committee chance to review the 2020 National Budget.

 

Mr Speaker, I beg to second.

 

Dr Musokotwane (Liuwa): Mr Speaker, I thank you for this chance to make some comments on the report that has been ably tabled on the Floor of this House regarding the performance of the National Budget in the first quarter of the year. I also would like to congratulate the Committee for being very candid and forthright. It has hit the nail on its head. It has clearly stated that the business environment in Zambia today has deteriorated very badly. We see this because when we walk around town and shopping areas, businesses are closing down. The situation is very bad.

 

Mr Speaker, I like the conclusion that the Committee has made. Coronavirus Disease-2019 (COVID-19), yes, has contributed to the problem that we are facing, but the major issue or problem that we are facing in this country is the heavy indebtedness. The heavy debt burden that the country is suffering from has caused the exchange rate to rise from K8 or K9 to currently K18, which is making money less available in all sorts of ways.

 

Sir, the Committee has also indicated the mismanagement of the mining sector. When you change the tax laws so many times within ten years, what do you expect? Is the industry going to operate properly? Here we are, today, Konkola Copper Mines (KCM) is in limbo because of the Government’s actions. We do not know what the direction is; whether anything is being achieved or not.

 

Mr Speaker, let me now come to an issue which the Committee mentioned. It said in the first quarter, only 15 per cent of the budgeted funds, on average, was being released to ministries and spending agencies. Out of every kwacha that was promised, only 15 Ngwee has been released. This is very serious. What surprises me, Mr Speaker, is that in spite of this limited financial base that has remained in the country, we see the prioritisation of programmes by the Government as  something that is totally difficult to understand. The biggest priority of the Patriotic Front (PF) Government today is providing money for by-elections. I think in the next few weeks, there will be something like nine by-elections.

 

Mr Nkombo: Fifteen!

 

Dr Musokotwane: Fifteen by-elections. None of these by-elections has been caused by a natural cause like death. All the by-elections have been caused by the PF and some Government officials. They ask councillors when they were last paid. If they say that they last got paid four months ago, it means they are broke. The PF officials or Government officers then ask them to resign and join the PF after which they would be paid the arrears for the previous four months and for the period up to when they would retire and on top of that, given more money.

 

The Vice-President: Question!

 

Dr Musokotwane: I am surprised that Her Honour the Vice-President is not aware of these things. We talk to these PF officials, some of whom are our friends, and we ask them why they are doing this. They say that this is the only way they will ‘eat’ because when there is a by-election, the Ruling Party brings out thousands of Kwacha for them to use in the by-election. They say that they only use a little bit for the by-elections, and put the rest in their pockets. This is what is happening. By-elections are caused by the PF. So, this is why I am alleging and, rightly so, that the priorities under this limited financial space are very awkward. So, if you are one of those 40,000 trained teachers who have not been hired because there is no money, just know that the reason is that money has gone to by-elections. If you are one of those people who have been retired and there is no money to pay you, know that the money has gone to by-elections.

 

I thank you Mr Speaker.

 

Mr Mbangweta (Nkeyema): Mr Speaker, I would like to commend the Committee, as usual, for doing a very good job and putting things very clearly in a layman’s language.

 

Mr Speaker, this Government’s incompetence is mind-boggling. You see, they have put Gross Domestic Product (GDP) growth, inflation rates and international reserves. However, in all these indices, they have scored zero. Now, we are even going to have the GDP growth rate in the negative. It is simply incompetence, nothing else. This is why we always complain. In the Western Province, this time around, there are six by-elections. Nkeyema, which has been a district since 2013, is a place where the Government cannot even provide a National Registration Office, yet they have money to throw around while failing to do the things they tie themselves to.

 

Mr Speaker, the seconder of the Motion said something very interesting and important in the context of what we always talk about, the public senior officers in the Civil Service. He said the National Development Co-ordinating Committee (NDCC) has irregular meetings. These are the people who should be enhancing service delivery. If they are only giving 15 per cent of the approved budget, is it any wonder that there are no medicines in the hospital? Then, people will come and sit here and say this is a high performing Government when they have all these things lacking. These are the issues the people whom we pay, the Executive, must pay attention to, not instigating by-elections. What value do by-elections add to our lives apart from this irresponsibility which is perpetuated every day? Should all of us sit here and appropriate money which is going nowhere? The depreciation of the Kwacha has a relationship on debt servicing. This means that the money which was borrowed and was not used properly is not adding value to any of us. The Government is going to instigate even more by-elections whilst there are no drugs in the hospital.

 

Mr Speaker, how can somebody talk about the Coronavirus Disease-2019 (COVID-19) having had an impact. I think we closed this Parliament in the second week of March, 2020 or some time thereabouts. For January, February and March, the Government is saying COVID-19 has had an impact. How? They will now see the impact when they do the second quarter of 2020. That is when the impact of COVID-19 will show. The bottom line will even be more serious. If we have so many by-elections, you will see all of them going out into the field. Who will sit at these NDCC meetings to plan and make sure that they reverse the GDP growth, which was planned at 3 per cent, and bring it back up, unlike the way it is now at zero per cent or even worse levels? Who is going to do the reversal? It is the Executive. That is what we pay them for.

 

Mr Speaker, this is why we are saying this country is a lost cause. There is no reason the PF should continue and insist that they should lead this country because they have failed. We expect them to sit in offices and attend to matters that affect our economy. This is why we say this Committee always does a good job. In the last three reports, if I am not mistaken, you can see that even the Committee used strong words like it is “very dismayed.” It is dismayed because the people who should be working and paying attention to matters that your Committee highlighted are not doing that. What is so difficult?

 

Sir, most of the people in ministries now are Doctor of Philosophy (PhD) holders. How come they are failing to perform? The Grade 7s and Form Twos of those days were doing a better job. What has gone wrong? This is a tragedy of this country, Mr Speaker, and the Executive will do well to stop pampering themselves that they are high performers. They are the worst performers since we got independence. This is what they should try to take back.

 

I thank you, Mr Speaker.

 

Mr Mwila (Chimwemwe): (Inaudible) Mr Speaker, the Committee has since recommended that the Executive suspends some selected infrastructure projects. Mr Speaker, allow me to commend the Government on this recommendation. I think the Government has been proactive. We have seen a number of capital projects being scaled down while some of them have been abandoned altogether. I would like to urge the Government to spare three road projects from suspension or scaling down.

 

Firstly, it is the Musaila/Lubwe/Kasaba Road up to Luwingu. Secondly, allow me, to urge the Government to complete the Pedicle Road which my counterpart from Chienge talked about. That bridge, at a place called Lubembe, must be completed because that road is a shortcut to the Northern Province from the Copperbelt through Luapula Province.

 

Mr Speaker, thirdly, I would like to urge the Government to spare and completely work on the Mukuba University Road to Nakayombo in Kitwe’s Chimwemwe Constituency, through Garneton upto Nachibungulubwe through Kawama. This is a very important road in Chimwemwe Constituency that the people of Chimwemwe would like to see completed.

 

Mr Speaker, as regards the appointment of a French debt advisor for the period of three years, the people of Chimwemwe will go with the earlier guidance given by Her Honour the Vice-President that we await the ministerial statement that will come from the Ministry of Finance. Yes, we have a number of issues that we would like clarified, but we will observe them until that ministerial statement is given on the Floor of the House.

 

Mr Speaker, lastly, your Committee is urging the Executive to explore other external financing options in order to meet the projected fiscal deficit target. In fact the Committee is urging the Government to urgently go to the International Monetary Fund (IMF) and the World Bank to seek inancing. Our all- weather partner, China, is not in a position to advance money to us because it is in the second wave of the Coronavirus Disease-2019 (COVID-19).

 

Sir, I have a challenge on this one. On one hand, the Committee is recommending that our debt burdens are unsustainable and the Government should start moving away from borrowing too much. On the other hand, it is urging the Government to urgently go to IMF and the World Bank to get money. My question now is: Is it true that as a nation, we have exhausted our internal revenue options that we should start urging the Government to jump on the plane and go to the World Bank and IMF? What about the gold discoveries that we have been told about? In this nation, we have been told that we can get a lot of money from the cultivation of medical cannabis. In fact, we can get millions of dollars if that project was to be actualised. What about the food export to Zimbabwe, the Democratic Republic of Congo (DRC) and Malawi?

 

Sir, just last week, we saw a good number of trucks that were intercepted by our hard-working Zambia National Service (ZNS) officers in the Eastern Province as maize was being exported to Malawi. Is it true that we cannot get millions of dollars if we harnessed this agricultural aspect where we can go and tap millions of dollars lying idly in the DRC, Zimbabwe and Malawi? What about the revenue loss that this country is experiencing because of exporting cobalt concentrate, and not encouraging its processing so that we get value for money or getting the benefit of value addition from that. Why are we rushing into urging the Government to borrow money when we have dollars here which we can get?

 

Mr Speaker, what about the saving that this country can make on fuel importation by cutting down the number of middlemen that we are being told that if only we can cut down on them, then we can make huge savings from that? What about the Government to Government procuring of fuel like the Saudi Arabia fuel that had been talked about at some point? Why can we not experiment on that option?

 

I thank you, Sir.

 

Mr Speaker: Hon. Members, we have quite a backlog of outstanding business that I would like completed. Therefore, I will only allow the last person to debate this report and that is the hon. Member for Kantanshi.

 

Mr A. C. Mumba (Kantanshi): Mr Speaker, thank you very much for the opportunity that you have given the people of Kantanshi to make a comment on the performance of the Budget in the first quarter of the financial year.

 

Mr Speaker, from the outset, I would like to thank the Committee for the various observations they have made. I think the observations are timely and, indeed, the need for an economic emergency plan certainly has to be on the cards of the Government. When I look at the remaining four months before the 2021 Budget is announced, it becomes very clear that the Government has very limited space in terms of how it will put revenues together in order to announce a budget that will not only be credible but should also be able to provide goods and services to the people on time. At the same time, it should be able to give opportunities to our people. In the 2020 Budget, the focus was on trying to stimulate our domestic economy through ensuring that the debt is paid.

 

Sir, I have noticed that the Government has focused more on the infrastructure debt which is what has brought us to where we are because of the nature of the contracts that we have under infrastructure, particularly roads. In the past, I talked about some clauses such as, interest on unpaid invoices and interest on stand-alone time. These could easily be avoided or cancelled because the contracts come from the Ministry of Finance which houses the Zambia Public Procurement Authority (ZPPA). Secondly, I remember that the then Minister of Finance, Hon. Mwanakatwe suggested that instead of the twenty-eight days we should create space for fifty-six days. Today as I speak to you, we have debt  –

 

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

 

Mr Speaker: A point of order is raised.

 

Mr Mwiinga: Mr Speaker, I rise on a very serious point of order. Is the House in order to sit without constituting a quorum? I need your serious ruling.

 

Mr Speaker: I reserve my ruling.

 

The hon. Member for Kantanshi may continue.

 

Mr A. C. Mumba: Mr Speaker, in my point on the issue of debt which we have left unattended, starting from the previous Minister of Finance, Hon. Mutati, to date, I have always talked about why the Government cannot ensure that they separate the principal values that these contractors are owed that, I might say, are basically Chinese companies which have come to do business in Zambia. They are also parastatal companies, by their very nature, that come with money procured at almost zero interest rate. They find these clauses that we have put there, for lack of a better term, carelessly, in terms of these interests that have to be paid on unpaid invoices; something that they did not even planning for. Therefore, I am urging the Government to quickly look into that.

 

Mr Speaker, one of the biggest expenses that we have which, again, needs to be looked at is the Farmer Input Support Programme (FISP) expenditure. There is no revenue line that FISP brings unless the Government starts to review this expenditure. For example, we now have this bumper harvest of close to 3.3 metric tonnes. What the Government has prepared to spend under the Food Reserve Agency (FRA) is only K660,000,000. After that, this maize will remain for anybody to buy. Why would the Government not make sure that the K2 billion they spent is recovered for future FISP programmes? There is also a need for the Government to be serious about collecting its dividends from the mining sector. This is the backbone of our economy. I am actually extremely concerned about the future of our revenue for the 2021 Budget. When I look at what is happening at Konkola Copper Mines (KCM) now, there is already an announcement that has been made that there is a lot of –

 

Mr Mwiimbu: On a point of order, Sir

 

Mr Speaker: A point of order is raised

 

Mr Mwiimbu: Mr Speaker, I rise on a serious point of order arising from my position as Leader of the Opposition. As Leader of the Opposition, I have been trying to arrange for a meeting for Monday with hon. Members of the Opposition, but I am finding it difficult to proceed considering what has now transpired in the House.

 

Mr Speaker, you are aware that in this House, there are three parliamentary groupings. There are those who belong to the Ruling Party, Independent and Opposition.

 

Mr Speaker, arising from the ruling you made earlier on Hon. Nakacinda, which I am not challenging and I respect, I am finding it difficult to identify which political grouping Hon. Nakacinda belongs to. I am trying to call for a meeting and I have told my colleagues that I would like to call Hon. Nakacinda as an hon. Member of the Opposition, but I have been told that he is not a member of the Opposition. When I look at the political grouping and the pronouncement that was made, I do not know whether he is an Independent or he belongs to the Ruling Party and I should leave him out of my jurisdiction. I intend to have a meeting with all the hon. Members of the Opposition political parties.

 

Mr Speaker, the point of order I am raising is whether Hon. Nakacinda is an hon. Opposition  Member or an hon. Independent Member. If he is an Independent hon. Member or he belongs to the Patriotic Front (PF), then, I will not call him to our meeting because I want to have a meeting of all hon. Members of Opposition political parties.

 

Mr Speaker, I need your guidance. Even on the Committee sittings, your guidance was that political groupings must be considered when the hon. Members are being allocated to Committees, Select Committees or even the sitting in the House. I want to know whether Hon. Nakacinda is an hon. Independent Member or an hon. PF Member so that we are sure on how to treat him as we call for meetings.

 

Mr Speaker, I need your serious guidance.

 

Mr Speaker: My ruling is that as far as my office is concerned, Hon. Nakacinda is a Nominated Member of Parliament. That is all. Whether you want to call him or omit him is all up to you. It is not for me to tell you whom you should call or whom you should not call. My records simply show that he was nominated by the President and he was duly admitted as an hon. Member of Parliament, and it ends there. The Constitution itself provides for Nominated Members. However, whom you invite to your meetings is not part of my jurisdiction. You yourself will determine whether you want him to be with you or not, or whether he will accept your invitation or not. For me, he is a hon. Nominated Member of Parliament. That is my ruling.

 

Hon. Member for Kantanshi, you may continue.

 

Mr A. C. Mumba: Mr Speaker, as I conclude, I urge the Government to seriously look at the mining sector. This is the backbone of our economy and it will not help anyone not to pay particular attention to it.

 

Sir, as I debate on this important report today, my thoughts are with the people of Mopani Copper Mines. On 31^st July, 2020, the care and maintenance order could come into effect if the Government does not release its report and create a win-win situation. These are some of the things that we, as hon. Members of Parliament, worry about. We have such challenges ahead of us, but we seem too relaxed when carrying out our responsibilities. So, I urge the Government to review all the possible revenue areas that could support the mining sector. At the same time, we need to suspend unnecessary expenditure. Most importantly, in the area of infrastructure, we may need to look at the debts that have been created.

 

I thank you, Mr Speaker.

 

The Minister of Finance (Dr Ng’andu): Mr Speaker, I wish to commend the hon. Members of the Budget Committee, led by its very able Chairperson, Hon. Mwalimu Simfukwe, for tabling its Report on the Review of the First Quarter Performance of the 2020 Budget for Selected Ministries and Provinces. The report has been thorough and has brought out very pertinent issues.

 

Sir, at the onset of 2020, the macroeconomic framework for Zambia was set on a focus on stimulating the domestic economy by reducing the Budget deficit. This was against the backdrop of attaining macroeconomic stability objectives which included, among others:

 

1. sustaining Gross Domestic Product (GDP) growth at the rate of 3 per cent;
2. sustaining inflation within the range of 6 per cent to 8 per cent;
3. raising international reserves to, at least, 2.5 months of import cover;
4. increasing domestic revenue to, at least, 22 per cent of GDP;
5. reducing the fiscal deficit to 5.5 per cent of GDP; and
6. rationalising debt contraction and dismantling domestic arrears while protecting social allocations.

 

Mr Speaker, as the report has highlighted, achieving many of these targets has been a challenge, given the macroeconomic environment that we have faced. The first challenge we faced was in the last quarter of last year when the country was faced with serious drought, which disrupted agriculture and power production in the southern part of the country. In the first quarter of this year, the reverse happened. In the northern part of the country, we were faced with serious droughts, which were also very disruptive to economic performance.

 

Sir, the economic performance in 2020 has been challenging. Therefore, economic growth is expected to be lower than the 1.4 per cent recently announced for 2019. The economy is expected to contract by as much as 4 per cent this year, and this is in keeping with the global trend. Most countries in the globe are experiencing massive contraction of their economies in the course of this year. In our case, it is mainly due to underperformance expected in most sectors, including construction, tourism, wholesale and retail trade as well as mining, considering the several challenges that the sector is currently facing. The projected fall in tourism arrivals, delayed execution of construction projects as well as significant reduction in consumer and investment spending are also expected to weigh down on economic activity.

 

Mr Speaker, the Coronavirus Disease-2019 (COVID-19) pandemic has further exacerbated deterioration in economic performance, with businesses reporting sharp declines in output and new orders amid falling consumer numbers and company shutdowns. This notwithstanding, we expect to see some resilience in some sectors. For example, in agriculture, following the bumper harvest this past season and in the information and communication sector, due to the increased use of Information Technology (IT) services in view of working from home and all possible lockdown measures that have been implemented.

 

Sir, on the fiscal side, revenues are expected to decline by K12.79 billion, while expenditures are poised to be higher at K9.7 billion. This will have spill-over effects into the economy. Further, the depreciation of the kwacha has raised inflation to 15.9 per cent and induced economic slowdown. It has also increased United States (US) Dollar denominative expenditure, especially with regard to servicing of external debt obligations.

 

Mr Speaker, I have noted a number of concerns and observations that have been raised in the report, following the review of the first quarter performance of the Budget. These include:

 

1. review of the 2020 National Budget following poor quarter I performance on account of the deterioration of all economic indicators and the projected shortfall of K14.8 billion in revenue of the 2020 projected figures;
2. high debt levels with an external debt portfolio of US$11.2 billion and domestic debt of K80.2 billion;
3. overly optimistic fiscal deficit of 5.5 per cent of GDP, which may not be feasible on account of the effects of COVID-19 on the economy;
4. programmed financing had been non-existent in quarter I of 2020, a trend which may continue;
5. the mining fiscal regime that does not balance the interests of both the Government and the mines. It is important to understand that when we talk about the mining fiscal regime, we have to look at how well we can balance the needs of the country versus the needs of the mining companies themselves; and
6. the impact of the COVID-19 on the National Budget, which if prolonged, may lead to an increase in management and containment costs should the disease spiral out of control. The hon. Minister of Health has made it clear that the there is still a possibility that the situation might worsen.

 

Mr Speaker, I have also taken note of the recommendations that have been suggested in addressing the observations and concerns raised by the stakeholders. Some of the recommendations noted include:

 

1. engaging the IMF and finalising the economic recovery programme without delay, so as to quickly stimulate economic recovery. Alternatively, engaging multilateral institutions like the World Bank, which can provide loans at concessional rates in order to fund projected expenditures;
2. suspension of selected infrastructure projects and promoting of domestic resource mobilisation;
3. vigorously pursuing and actively seeking a moratorium of debt service on all bilateral debts can be negotiated with the possibility of postponing some external debt obligations in light of the economic implications of COVID-19;
4. restoring budget credibility as espoused in the Economic Stabilisation and Growth Programme by observing fiscal discipline and providing details on the pipeline loans that have been rescheduled and cancelled, so as to foster transparency in debt management;
5. engaging local experts, comprising officials from the Ministry of Finance and other key ministries as well as local independent consultants to form part of the team on debt restructuring being undertaken by the foreign debt advisors; and
6. comprehensively reviewing mining taxation in order to establish a sustainable taxation system for the benefit of both the Government and mining companies.

 

Sir, these recommendations are in line with the Government’s policy thrust on what needs to be done to address the economic imbalances that have been brought about by the advent of the COVID-19 pandemic. Whilst making an undertaking to implement some of the pertinent recommendations, let me highlight some of the actions that the Government is currently undertaking.

 

Mr Speaker, the Government has engaged the IMF for support towards the impact of the COVID-19 pandemic. The Government and the fund have, therefore, been holding discussions on the basis of Zambia’s application for support under the Rapid Credit Facility since 2^nd July, 2020. The discussions will continue and hopefully, conclude this afternoon. Further, the Government is side-by-side engaging the World Bank and the African Development Bank (AfDB) in direct support towards the Budget and in discussion on support towards the COVID-19 pandemic.

 

Sir, the Government is desirous to establish debt sustainability. To this effect, the Government in December 2019 passed a number of decisions to restore debt sustainability over the medium term. This includes a directive to impose a moratorium on commercial borrowing until debt is put on a sustainable path, re-scoping some of the on-going projects, cancellation of signed, but undisbursed debts and refinancing portions of debt, particularly the commercial debts. To undertake this exercise, the Government has engaged legal and financial advisors to assist the Republic in discussions with the creditors.

 

I thank you, Mr Speaker.

 

Mr Speaker: Hon. Members, before I invite the hon. Member for Mbala to wind up the debate, I would like to respond to the point of order by the hon. Member for Chikankata on whether or not we have a quorum.

 

At the moment, the hon. Members’ attendance is as follows: Amphitheatre – eighteen, Chamber  – seventeen, Wesley Nyirenda Committee Room – eleven, Amusaa Mwanamwambwa Committee Room ­– eight, Thomas William Committee Room – four, Robinson Nabulyato Committee Room – four and Fwanyanga Mulikita Committee Room – four. This gives us a total of sixty-six hon. Members in attendance and a quorum requires fifty-seven hon. Members. Therefore, I am just wondering how the hon. Member for Chikankata was able to sense that we have no quorum when he is seated only in one place. It is quite amazing. So, we have a quorum.

 

Mr Simfukwe: Mr Speaker, I will take advantage of this opportunity to thank all those hon. Members who debated the Motion. In particular, I thank the hon. Member for Liuwa, Dr Musokotwane, for his comments. I also thank the hon. Member for Nkeyema, the Hon. Member for Chimwemwe and the hon. Member for Kantanshi for their contributions to this Motion.

 

Sir, I also want to take the opportunity to thank the hon. Minister of Finance, Dr Bwalya Ng’andu, for the very helpful responses that he has given to this Motion. Last but not least, I thank the seconder, the hon. Member for Mkaika, Hon. Phiri, for the very efficient and insightful comments in his speech.

 

I thank you, Mr Speaker.

 

Question put and agreed to.

 

_______

 

BILL

 

SECOND READING

 

THE PATENTS AND COMPANIES REGISTRATION AGENCY BILL, 2020

 

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

 

Sir, I thank you for the opportunity to deliver a statement on the Patents and Companies Registration Agency Bill No. 3 of 2020. I wish to express my gratitude to your Committee for facilitating wide consultations with stakeholders, as well as the transparent manner in which the Bill has been reviewed. Let me also thank all stakeholders who contributed to this Bill before and during the Committee hearings. The ministry has been keenly following the deliberations of this Committee and I must say that a great job has been done by the able team of the Committee.

 

Mr Speaker, as the House might be aware, the Patents and Companies Registration Agency (PACRA) was formerly a unit under the Ministry of Commerce, Trade and Industry responsible for the registration of companies and industrial property. It was then established as an autonomous body called the Patents and Companies Registration Office (PACRO). In 2010, it became an executive agency of the Ministry of Commerce, Trade and Industry and was renamed PACRA, following the enactment of the Patents and Companies Registration Agency Act No. 15 of 2010.

 

Mr Speaker, the agency’s core mandate was to regulate businesses and operate a registry for business entities and industrial property rights. Upon the passing of the Patents and Companies Registration Agency Act No. 15 of 2010, the agency had the mandate to administer six statutes, namely:

 

1. the Companies Act;
2. the Regulation of Business Names Act;
3. the Patents Act;
4. the Trade Marks Act;
5. the Registered Designs Act; and
6. the Companies (Certificate and Validation) Act.

 

Sir, more statutes covering new subject matter have since been enacted by Parliament which fall directly under the Ministry of Commerce, Trade and Industry for which PACRA has the responsibility of implementation. These include:

 

1. the Moveable Property (Security Interests) Act No. 3 of 2016;
2. the Layout Designs of Integrated Circuits Act No. 6 of 2016;
3. the Protection of Traditional Knowledge, Genetic Resources and Expression of Folklore Act No. 16 of 2016; and
4. the Corporate Insolvency Act No. 9 of 2017.

 

Mr Speaker, in addition, through Gazette Notice No. 836 of 2016, the Government transferred the administration of the Copyright and Performance Rights Act, Cap 406 from the Ministry of Information and Broadcasting to the Ministry of Commerce, Trade and Industry. This statute is also being administered by PACRA.

 

Sir, the mandate of PACRA was evidently expanded over the years. The agency now administers more business regulatory statutes and almost all forms of intellectual property statutes. It is, therefore, necessary to repeal Act No. 15 of 2010 and replace it with a new Act which will provide for the broad mandate of the agency and strengthen its corporate governance structure.

 

Mr Speaker, the objects of the Bill are to:

 

1. continue the existence of PACRA;
2. reconstitute the board of the agency and provide for its functions;
3. repeal and replace the Patents and Companies Registration Agency Act No. 15 of 2010; and
4. provide for matters connected with, or incidental to, the foregoing.

 

Sir, the following are the key provisions of Patents and Companies Registration Agency Bill, 2020:

 

Functions of the Agency

 

Mr Speaker, the list of statutes which are administrated by the agency has been expanded under Clause 5 of the Bill by adding the Copyright and Performance Right Act and all the other Acts of Parliament which were enacted after 2010 and are not referred to in the current Act. The Bill also empowers the agency with the authority to prosecute offences under the Act it administers, subject to the directives of the Director of Public Prosecution.

 

Functions of the Board

 

In an effort to promote good corporate governance, the Bill, in Clause 7(3), has set out specific functions of the board compared to section 6(1) of the current Act which provides the general function of the board. In addition, the Bill has introduced the requirement for the hon. Minister to enter into performance contracts with the board. This is designed to ensure the performance of the board is optimised.

 

Emolument Commission

 

Mr Speaker, in line with the Constitutional provisions, the Bill has placed the responsibility to determine emoluments of members of staff on the emolument commission on the recommendation of the board.

 

Sir, in terms of funding, the Bill highlights the following sources;

 

1. funds appropriated by Parliament;
2. funds paid by way of grants or donations; and
3. funds vested in, or accrued to, the agency.

 

Mr Speaker, as I conclude, let me hasten to state that we have taken note of the comments by various stakeholders and the recommendations of your Committee on this Bill. Suffice to mention that it is our view that this Bill is required for the reasons I have highlighted above. In light of the foregoing, I urge the hon. Members of this august House to fully support this Bill.

 

Mr Speaker, I beg to move.

 

Dr Musokotwane (Liuwa): Mr Speaker, the Committee on National Economy, Trade and Labour Matters was tasked to scrutinise the Patents and Companies Registration Agency Bill No. 3 of 2020 in detail. In carrying out this important task, the Committee interacted with various stakeholders.

 

Sir, while fully supporting the Bill, the Committee made a number of observations and recommendations which are contained in its report. I will, therefore, only highlight a few of them.

 

Mr Speaker, the Committee notes that the Bill makes provision for the hon. Minister to appoint board members under Clause 6(1). It also provides for the Minister to appoint the chairperson from among the board members appointed by the Minister in Clause 6(3). The Committee observes that the selection of the board chairperson by the Minister may have some influence on the independence and, ultimately, the decisions of the board.

 

Sir, in light of this, the Committee recommends that in order for the board to be independent in its decision-making process, the Bill must be amended to provide for the board to propose possible candidates for the position of the chairperson for consideration by the Minister.

 

Mr Speaker, another observation made by the Committee is on the provision in Clause 16(2) which limits the qualification of the registrar to a legal practitioner with, at least, ten years experience. The Committee held lengthy deliberations on this matter and is of the opinion that the qualification should not be limited to a legal practitioner.

 

Sir, while the Committee acknowledges that the registrar as the Chairperson of the Tribunal on Patents is to handle litigation pertaining to intellectual property, the Committee is concerned that this disqualifies other capable citizens from running for this office. In light of this, the Committee strongly recommends that the qualification of registrar be expanded, as is the case in jurisdictions such as Kenya. This will widen the pool of professionals who can take up this role with relevant experience and knowledge of the business which can be highly beneficial to the agency.

 

Mr Speaker, the Committee is extremely concerned with Clause 23 which provides for immunity against execution of judgements on the agency. While the Committee acknowledges the disruption encountered when litigation is enforced against an institution, the Committee is of the opinion that the provision may contribute to the agency acquiring obligations even without considering its capacity to pay and this may lead it into liquidation. In light of this, the Committee strongly recommends that the Bill be amended by the deletion of this Clause in order to enforce responsibility and allow the institution to only acquire obligations that it is able to fulfil.

 

Mr Speaker, finally, under Clause 6(1), which provides for the composition of the board, the Committee noted with great concern that while the Bill has explicitly provided for the required expertise for individuals in Clause 6(1)(e) and (f), which include an expert in matters relating to intellectual property and two persons with experience and knowledge relevant to the Act, it is silent on the expertise of the other board members.

 

In this regard, the Committee recommends that the Bill should explicitly state the specific expertise for all the candidates in Clause 6(1) in order for individuals to have skills relevant to the work of the board.

 

 Mr Speaker, I beg to move. 

 

The Minister of Commerce, Trade and Industry (Mr Yaluma): Mr Speaker, I would like to take this opportunity to acknowledge, most sincerely, the recommendations of the Committee. During our meeting with the Committee, these issues were raised, and we will endeavour to ensure that we incorporate the recommendations which have been highlighted here.

 

Sir, again, I would like to take this opportunity to thank all the people who deliberated on this Bill within and outside. This will be a highly progressive Bill which will ensure that PACRA expands its mandate from the previous one, as currently represented in the current Bill, so that it can just optimise its performance. I would like to thank the Committee for the support it has given to this document. I appreciate it.

 

 I thank you, Mr Speaker.

 

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

 

Committed to a Committee of the Whole House.

 

Committee on Tuesday, 14^th July, 2020.

 

_______

 

MOTIONS

 

REPORT OF THE COMMITTEE ON EDUCATION, SCIENCE AND TECHNOLOGY

 

(Debate resumed)

 

The Minister of Higher Education (Mr Mushimba) (on behalf of the Minister of General Education (Mr Mabumba): Mr Speaker, when the House adjourned, the hon. Minister was speaking to the issue which was raised in the Committee’s report on ensuring that the Government constructs more schools and equips them with science and computer laboratories to ensure that teaching of such subjects is carried out in the best way possible.

 

Mr Speaker, the Government’s response is that it takes note of this particular issue raised in the report. Further, I would like to report that, so far, there are 197 secondary schools, countrywide, which are under construction or have recently been constructed. In fact, of the 197, sixty-eight have been completed and are operational. In addition, all the secondary schools that are being constructed are being built and equipped with four science laboratories and two computer laboratories each.

 

Sir, the next issue which was raised in your report is that of Science, Technology, Engineering and Mathematics (STEM) Curriculum. The Government would like to say that the STEM Curriculum has been designed in such a way that the learners will learn by practical and research work other than the theory, which is where we are coming from. This was a concern of your Committee, which I wanted to speak to. The major research work in the field of study will be graded and certified after three normal processes of research report, defense of the research and project product.

 

Sir, on the same STEM Curriculum, I would just like to share with the House that the Government has embarked on the construction of fifty-two STEM schools nationwide. This is taking your Committee’s concern on how well we are going to teach these STEM sciences. So, the fifty-two STEM schools nationwide are going to help and make sure STEM subjects are taught across our schools. In addition, they will also serve as a platform to interest students in taking up STEM subjects because this was also a concern of your Committee that some of the students, especially the girl-child, still say that mathematics and science are difficult subjects. Whereas the boys are being pushed into STEM, that is not the case with girl-children. The same STEM schools will specifically speak to making sure that we make STEM subjects as interesting to as many students as possible because we believe in STEM and the future, really, is science, innovation and technology for our economy.

 

 I thank you, Mr Speaker.

 

 Mr G. K. Mwamba (Lubansenshi): Mr Speaker, I would like to thank you for the opportunity to serve on this Committee. I thank all hon. Members who passionately debated this Motion. Further, I would like to thank the two hon. Ministers for their responses to the concerns, observations and recommendations made in this report.

 

Finally, may I thank you, Sir, and your office for the support you rendered to the Committee.

 

 I thank you, Mr Speaker.

 

Question put and agreed to. 

 

REPORT OF THE COMMITTEE ON TRANSPORT, WORKS AND SUPPLY

 

(Debate Resumed)

 

The Minister of Higher Education (Dr Mushimba) (on behalf of the Minister of Transport and Communication (Mr Kafwaya): Mr Speaker, when business was suspended, I had started to go through some of the interventions made by this Government of His Excellency Mr Edgar Chagwa Lungu, with regard to some of the issues that were raised in the report. I had gone through the legal and regulatory framework that is being amended. I had also looked at infrastructure development as well as water transport and equipment that has been placed on numerous water bodies across the country.

 

Mr Speaker, I was winding down with financing strategies in water transport. I said that recommendations of the Committee were noted. I wish to inform this august House that the Government is putting in place a financing mechanism for the sector. This will soon be introduced together with the Bills that I spoke about in our regulatory frame work.

 

Mr Speaker, under meteorological services, the Government is cognisant of the effects of climate change on the operations of the water transport sector. It is endeavouring to ensure the completion of the installation of marine meteorological stations on all key water bodies across the country.

 

Mr Speaker, as I conclude, let me assure this House and the nation that the Government is considering several policy measures to improve the water transport sector and your Committee’s recommendations were noted and would be incorporated in the Government Action Plan.

 

Mr Speaker, I thank you.

 

Mr Syakalima: Mr Speaker, allow me to thank the House for the support.

 

I thank you, Mr Speaker.

 

Question put and agreed to.

 

_______

 

BILLS

 

THE HOUSE IN COMMITTEE

 

[THE CHAIRPERSON OF COMMITTEES in the

Chair]

 

THE NATIONAL PLANNING AND BUDGETING BILL, 2019

 

The Chairperson: Hon. Members, this is the new normal, arising from the Coronavirus Disease-2019 (COVID-19) pandemic.

 

CLAUSE 1 – (Short Title and Commencement)

 

The Minister of National Development and Planning (Mr Chiteme): Madam Chairperson, I beg to move an amendment in Clause 1, on page 7, in lines 4 to 8 by the deletion of Clause 1 and the substitution therefor of the following:

 

1. This Act may be cited as the National Planning and Budgeting Act, 2020, and shall come into operation on the date appointed by the Minister by statutory instrument.

Amendment agreed to. Clause amended accordingly.

 

Clause 1, as amended, ordered to stand part of the Bill.

 

CLAUSE 2 – (Interpretation)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 2 as follows:   

 

(a)        On page 9

 

(i)         in line 4 by the insertion of the words “at district level” immediately after the words “Medium Term Budget Plan”;

 

1. in line 10 by the insertion of the words “three to” between the words

“contains” and “five”; and

 

1. after line 35 by the insertion of the following new definition:

 

“planning” means the setting up of goals, policies and procedures for socio-economic development including integration of population dynamics, project management and appraisal, budgeting and monitoring and evaluation, but excludes the determination and development of plans for the physical arrangements such as the designing of towns, cities and communities formulated in accordance with section 19; and

 

1. On page 10 after line 8

 

by the insertion of the following new definition:

 

                        “ward” has the meaning assigned to the word in the

Cap. 1                            Constitution.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clause 3 ordered to stand part of the Bill.

 

CLAUSE 4 – (National Development Co-ordinating Committee)

 

Mr Chiteme: Madam Chairperson, I beg to move an amended in Clause 4, on page 11, in lines 32 to 36, by the deletion of paragraph (g) and the substitution therefor of the following:

 

(g)        five representatives of professional bodies;

 

(h)        three representatives from a higher education institution;

 

(i)         three representatives from the private sector; and

 

(j)         a representative each from –

 

1. civil society;

 

1. a faith based organisation; and

 

1. a parastatal.

 

 Amendment agreed to. Clause amended accordingly.

 

Clause 4, as amended, ordered to stand part of the Bill.

 

CLAUSE 5 – (Functions of National Development Co-ordinating Committee)

 

Mr Chiteme: Madam Chairperson, I beg to move an amended in Clause 5, on page 12, in lines 14 to 15, by the deletion of the words “in an effective and credible manner”.

 

Mr Mwiimbu: On a point of order, Madam.

 

The Chairperson:  A point of order is raised.

 

Mr Mwiimbu: Madam Chairperson, I rise on a very serious point of order. My point of order hinges on the Public Health Act as read with the Statutory Instruments (SIs) that have been issued by the hon. Minister of Health, in particular, the Public Health (Infected Areas) (Coronavirus Disease-2019) Regulations, 2020.

 

Madam Chairperson, we, in the Opposition, have noted with concern that the Executive on your right, despite issuing this particular regulation has been holding public meetings with impunity. This morning, we were informed by Her Honour the Vice-President, when she was responding to a question, that the gathering of 1,000 people who defected from the United Party for National Development (UPND) in the North-Western Province was not a meeting.

 

Madam Chairperson, as if that was not enough, two days ago, we witnessed another grouping of Patriotic Front (PF) cadres in huge numbers congregating despite the fact that Lusaka has been declared the epicentre of the disease.

 

Madam Chairperson, yesterday, we witnessed a very sad situation where the author of this particular Statutory Instrument (SI) had hundreds of his supporters, accompanied by Cabinet Ministers and senior members of the PF, at the magistrate court, despite the instructions that were given by the court to restrict the numbers. The court was disrupted and adjourned.

 

Madam Chairperson, the point of order I am raising is whether or not the Government has now revoked the SI it issued so that members of the public should not continue to comply with the issued regulations taking into account that the author of the SI himself, the hon. Minister of Health, was, yesterday, at the magistrate court with a horde of people, some of whom had travelled all the way from Luapula to come and support him. 

 

Madam Chairperson, we are being informed that this disease is getting worse and many people are dying. The hon. Minister of Health himself has been announcing that, of late, we have been witnessing increased cases of Brought-in-Dead (BiDs) and that most of those are as a result of the Coronavirus Disease 2019 (COVID-19).

 

Madam Chairperson, the other week, we were informed that two members of staff, here at Parliament, had contracted COVID-19 and, now, we are informally informed that another thirteen have contracted COVID-19.

 

Madam, is the Government in order to endanger the lives of Zambians by its reckless behaviour and impunity without taking into account the regulations it has issued?

 

Is the Government in order to encourage Zambians to also break the law and behave as if there is no COVID-19 in this country?

 

 Is the Government in order to mislead Zambians that there is a law when, in actual fact, there is none, because the Government is breaking it with impunity?

 

Is the Government in order to endanger the lives of Zambians when it knows that COVID-19 has no cure?

 

Madam Chairperson, just this morning, the hon. Minister of Finance lamented the collapse of the economy because of COVID-19. Is the Government telling us that it is because of mismanagement that the economy has collapsed, not because of COVID-19?

 

 Is the Government in order to mislead the public and endanger the lives of Zambians?

 

I need your serious ruling, Madam.

 

The Chairperson: Hon. Members, for obvious reasons, my ruling is reserved.

 

Hon. Members, the House was considering Clause 5 of the National Planning and Budgeting Bill, 2019.  The House had just agreed to the Amendment. 

 

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

 

Clauses 6, 7, 8 and 9 ordered to stand part of the Bill.

 

CLAUSE 10 – (District Development Co-ordinating Committee).

 

 Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 10, on page 15 as follows:

 

1. in line 4

 

by the deletion of the word “and” at the end of paragraph (e).

 

1. after line 9

 

by the insertion of the following new paragraphs immediately after paragraph (f);

 

(g)        the head of the constituency office in the district; and

 

(h)        the mayor or council chairperson of each local authority located in that province, as ex-officio.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 10, as amended, ordered to stand part of the Bill.

 

CLAUSE 11– (Functions of District Development Coordinating Committee)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 11, on page 15, as follows:

 

1. in line 21

 

by the deletion of the words “sub district” and the substitution therefor of the word “ward”; and

 

1. in line 25

 

by the deletion of the words “sub district” and the substitution therefor of the word “ward”.

 

The Chairperson: Order!

 

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HOUSE RESUMED

 

[MR SPEAKER in the Chair]

 

The following Bill was considered at Committee Stage:

 

The National Planning and Budgeting Bill, 2019

 

Consideration of the Bill to be resumed on Tuesday, 14^th July, 2020.

 

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MOTION

 

ADJOURNMENT

 

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

 

Question put and agreed to.

 

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The House adjourned at 1158 hours until 1430 hours on Tuesday, 14^th July, 2020.

 

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