Wednesday, 15^th July, 2020

 

The House met at 1430 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

_______

 

RULING BY MR SPEAKER

 

POINT OF ORDER RAISED BY MR L. C. BWALYA, MP, MINISTER FOR NORTHERN PROVINCE ON WHETHER THE UNITED PARTY FOR NATIONAL DEVELOPMENT (UPND) MEMBERS OF PARLIAMENT WERE IN ORDER TO WALK OUT OF THE ASSEMBLY CHAMBER, AMPHITHEATRE AND OTHER DESIGNATED MEETING ROOMS

 

Mr Speaker: Hon. Members, you will recall that on Wednesday, 24^th June, 2020, while the House was considering the Report of the Committee on Media, Information and Communication Technologies, and the hon. Member of Parliament for Chama South, Mr D. Mung’andu, MP, was debating, Hon. L. C. Bwalya, Minister for Northern Province, raised a point of order in the following terms:

 

“Mr Speaker, I recognise that as hon. Members of Parliament, we do have an opportunity to walk out of Parliament and converse outside. My point of order is on the hon. Members of Parliament for the United Party for National Development (UPND). Here, in the Amphitheatre, where I am, all the hon. Members for UPND stood up and walked out. That left me wondering what was going on. I wondered whether these hon. Members are here to represent their electorates and perform their functions as legislators. I also wondered if the hon. Members are here to promote good governance and the democracy that we, as Zambians, have enshrined in the Constitution.

 

Mr Speaker, are the hon. Members for the UPND in order to walk out of the Assembly Chamber, the Amphitheatre and the other designated areas where they were seated, immediately after beginning deliberations after a long holiday due to the Coronavirus Disease-2019 (COVID-19)? Are the hon. Members in order to deny their electorates a chance to hear them and, also, to not allow themselves to participate in the affairs of this country?

 

I need your serious ruling, Mr Speaker.”

 

In my immediate reaction to the point of order, I reserved my ruling to enable me to investigate the matter and render an informed ruling. I have since studied the matter and I am now ready to render my ruling.

 

Hon. Members, as you are aware, due to the measures effected to avert the spread of the COVID-19 Pandemic; we are currently conducting business using a hybrid system. The system entails that only a few hon. Members of Parliament are in the Chamber while the rest are spread out in the Amphitheatre and seven committee rooms namely, Amusaa Mwanamwambwa, Robinson Nabulyato, Fwanyanga Mulikita, Wesley Nyirenda, Thomas Williams, Committee Room 1 and Committee Room 5.

 

Investigations conducted by my office revealed that, on the material day, all the hon. UPND Members in the Chamber, Amphitheatre and four committee rooms walked out. In each of the remaining three committee rooms all, but one UPND Member walked out.

 

Hon. Members, the point of order raises the issue of hon. Member or hon. Members of Parliament walking out of the House as a form of protest. I must hasten to state, here, that this is not a novel subject, but one on which I have rendered several rulings in this House. I will, in this regard, not belabour the point suffice to say that a walkout is a conventional means through which an hon. Member or hon. Members can express his/her or their displeasure on a matter before the House.

 

I also wish to point out that although the practice of walkouts is common in most parliaments worldwide, it has, however, adverse effects namely, it deprives the electorates of representation, during the subsistence of the walkout.

 

In this regard, in a ruling I rendered on Tuesday, 24^th November, 2015, on a point of order that was raised by the erstwhile Minister of Local Government and Housing, Hon. S. Kampong, against UPND hon. Members of Parliament on Thursday, 19^th October, 2015 (National Assembly Parliamentary Debates of 18^th September – 10^th December, 2015, at pages 1868-1871, I stated, inter alia, as follows:

 

“Let me hasten to point out from the outset, that while it is conventional for Members to walk out of the Chamber for political or other reasons, this practice, nevertheless, has the unfortunate tendency of denying the electorates their representation in the House.”

 

Therefore, hon. Members, I wish to reiterate that walk-outs, in themselves, do not amount to a breach of the rules of the House or, indeed, parliamentary practise and procedure, albeit, they deny the electorates of their representation in the House.

 

In view of the foregoing, the hon. Members of the UPND who walked out of the House were not out of order.

 

I thank you.

 

_______

 

MOTIONS

 

REPORT OF THE COMMITTEE ON TRANSPORT, WORKS AND SUPPLY ON THE PROPOSAL TO RATIFY THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND THE PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT

 

Mr Syakalima (Chirundu): Mr Speaker, I beg to move that this House do adopt the Report on the Committee on Transport, Works and Supply on the Proposal to Ratify the Cape Town Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment for the Fourth Session of the Twelfth National Assembly, laid on the Table of the House on Friday, 19^th June, 2020.

 

Mr Speaker: Is the Motion seconded?

 

Ms Kasanda (Chisamba): Mr Speaker, I beg to second the Motion.

 

Mr Syakalima: Mr Speaker, pursuant to Article 63 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia as amended by Act No. 2 of 2016 and Section 5 of the Ratification of International Agreements Act, 2016, the National Assembly is vested with the power to, among other things, approve international agreements and treaties before they are acceded to or ratified. In this regard, the Committee was mandated to consider and make recommendations to the House on the Executive’s proposal to ratify the Cape Town Convention and Protocol.

 

Sir, for the benefit of the House, the Cape Town Convention is an international treaty intended to standardise transactions involving movable property or mobile equipment such as aircraft, locomotives and spaceships. The convention and protocol took effect in 2004 and 2006, respectively. As of 2018, seventy-seven states, including the European Union (EU), had ratified the convention and protocol. The Committee noted that the convention and protocol are intended to reduce the risks for creditors of aviation assets, and consequently, the borrowing costs to debtors. This is because of the improved legal certainty outlined in the convention and protocol.

 

Mr Speaker, while it supports the proposed ratification at hand, the Committee has, however, made some observations and recommendations, which I will now briefly highlight:

 

1. the Committee noted that the existing pieces of legislation in Zambia that address the objectives of the convention and protocol may not be in harmony with the convention. In this regard, the Committee recommends that the legislation should be carefully examined in order to ensure that it is in tandem with the convention; and
2. the Committee noted that Zambia has not yet ratified the Cape Town Convention and Protocol despite their benefits, and that they came into force in 2004 and 2006, respectively. The Committee, therefore, recommends that the Government accelerates the process of ratifying the convention and protocol for the country to enjoy the benefits therefrom and keep abreast with international standards.

 

Sir, having said that, the Committee recommends that the House approves the proposal by the Executive to ratify the Cape Town Convention and Protocol. The Committee is of the view that the country stands to benefit from being party to these instruments.

 

I thank you, Sir.

 

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

 

Ms Kasanda: Now, Sir.

 

Mr Speaker, I thank you for allowing me to second this very important Motion that has been ably moved by the chairperson of the Committee.

 

Sir, let me equally echo the mover’s position that Zambia needs to be part of the international agreement. This agreement will make it possible for companies, including Zambia Airways Limited 2014, to lease, acquire and use high-value aircraft and accessories from international leasers and financiers. Furthermore, the convention and protocol will result in improved legal certainty for both the creditors and the debtors for aircraft equipment.

 

Mr Speaker, with those few words, I second this very important Motion.

 

I thank you, Sir.

 

Mr Syakalima: Mr Speaker, I thank the House for ratifying these conventions.

 

I thank you, Sir.

 

Question put and agreed to.

 

REPORT OF THE COMMITTEE ON GOVERNMENT ASSURANCES FOR THE FOURTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY, LAID ON THE TABLE OF THE HOUSE ON 19^TH JUNE, 2020

 

Mr Kamondo (Mufumbwe): Mr Speaker, I beg to move that this House do adopt the Report of the Committee on Government Assurances for the Fourth Session of the Twelfth National Assembly, laid on the Table of the House on 19^th June, 2020.

 

Mr Speaker: Is the Motion seconded?

 

Mrs Phiri (Chilanga): Mr Speaker, I beg to second the Motion.

 

Mr Kamondo: Mr Speaker, in performing its duties, the Committee was guided by its terms of reference as set out in the Standing Orders. During this session, the Committee considered thirty-nine new assurances and 165 outstanding assurances.

 

Sir, allow me to start by stating that generally, the Committee observed with disappointment that there is a growing tendency by members of the Executive to make assurances on the Floor of the House without requisite financing having been secured. It appears, therefore, that the Executive is not committed to implementing the assurances, and does not take them seriously at all. This can be evidenced by the accumulation of outstanding assurances from eighty in 2018, 116 in 2019 and 165 in 2020. Almost all of these assurances could not be implemented due to financial constraints.

 

Sir, allow me to, now, highlight a few of the assurances which are simply a sample of the bigger picture relating to the assurances made on the Floor of this House. In 2017, the hon. Minister of Housing and Infrastructure Development assured the House that the construction of the bridges under the programme for Acrow bridges would commence in 2018 upon the procurement of the contractor. During the guided tour of the storage facility of the Acrow bridge components, the Committee learnt that all the 161 bridge components were in the country. However, works have not commenced due to financial constraints.

 

Mr Speaker, this situation is unacceptable, as it means that some of the affected communities are completely cut off from some amenities or are subjected to using the damaged bridges, which pose a danger to human life.

 

Sir, further, in February, 2019, the hon. Minister of Finance made an assurance that by the end of the first half of 2019, the Zambia Credit Guarantee Scheme Limited, which was incorporated on 12^th September, 2017, was expected to start issuing guarantees. However, despite the Zambia Credit Guarantee Scheme Limited having been incorporated in 2017, and staff employed, the issuance of guarantees has not yet commenced, mainly due to non-compliance with the required minimum capital of K5 million, as prescribed under the Banking and Financial Services Act, 2017. The Government has failed to meet the minimum capital requirement due to the limited fiscal space.

 

Mr Speaker, even more worrying is the fact that since 2017, the Government has committed a total of K68.35 million to the operationalisation of the company, of which K56.35 million was allocated towards capital injection and K12 million for operations. However, owing to fiscal challenges, the budget releases have been slow, with total releases of K29.9 million so far having gone towards operations.

 

Sir, the Committee finds the continued release of funds to the institution for wages and operations, wasteful and unacceptable. The Committee, therefore, strongly urges the Government to secure the requisite funds or consider disbanding the scheme with immediate effect, so as to put an end to this wasteful expenditure on wages and allowances for a nonfunctional organisation.

 

Mr Speaker, I thank you.

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

 

Mrs Phiri: Now, Mr Speaker.

 

Sir, I thank you for according me an opportunity to second the Motion moved by the chairperson that this House do adopt the Report of the Committee on Government Assurances for the Fourth Session of the Twelfth National Assembly, laid on the Table of the House on 19^th June, 2020. In seconding the Motion, let me also take this opportunity, on behalf of the Committee, and, indeed, on my own behalf, to thank the chairperson for the able manner in which he presided over the Committee’s deliberations.

 

Mr Speaker, let me begin by commending the Government for resuming the construction of health posts under the 650 Health Posts Project by the Ministry of Health. As you may be aware, the contract for the construction of health posts covering the Northern Province, Luapula Province, Muchinga Province and the North-Western Province was terminated and works stalled for two years ago. However, it is delighting to report that the Government has completed the procurement process for the construction of 201 health posts in the four provinces.

 

Sir, in this regard, a total of sixty-six health posts has been completed in the four provinces. It is anticipated that the contractor will expedite the erection of the health posts since most of the prefabricated materials are in the country. The remaining 135 health posts, which are at different levels, are expected to be completed by the end of this year. In this vein, the Committee urges the Government to ensure that the remaining 135 health posts in the four provinces are completed by the end of 2020 since the prefabricated materials are already in the country.

 

Mr Speaker, let me take this opportunity also to state that a litany of assurances have not been implemented and are unlikely to be implemented any time soon, as the requisite funds are simply not available. Some of the assurances have been outstanding for as long as seven years. The Committee urges the Government to take the assurances made on the Floor of this House seriously in order not to make the work of the Committee an academic process.

 

Sir, in view of the foregoing, the Committee, therefore, urges the Government to only make assurances on the Floor of the House whereby it has the capacity to implement the projects within the promised time frame fully.

 

Mr Speaker, in conclusion, allow me to also join the chairperson in thanking all the stakeholders who appeared before it and brought in contributions. Last, but not the least, the Committee also expresses its gratitude to the Office of the Clerk of the National Assembly for the services rendered to it during its deliberations.

 

I thank you, Sir.

 

Mr Nkombo (Mazabuka Central): Mr Speaker, this is the haphazardness in the Government that, us, on your left-hand side always talk about. It is a clear manifestation of a group of people who make –

 

Mr Speaker: Order!

 

Did you say on my left?

 

Mr Nkombo: I beg your pardon, Sir. It is the Government on your right-hand side, the Patriotic Front (PF). We are not yet there. It is a haphazard government.

 

Mr Speaker, the Committee is lamenting about the lack of obvious organisation, a principle which seeks to arrange things in a systematic manner. The PF has been known to be a Government that always works towards aggrandisement. Our colleagues behave like superstars everywhere they go and make pronouncements which they cannot fulfil.

 

Sir, this issue sits right at the heart of the relationship between budgeting and audit. We have heard over time, in many audit reports how there are unplanned expenditures, at the expense of those that are planned. It is only timely to tell the PF, through the Leader of Government Business in the House, to tame the hon. Ministers to stop making reckless statements which they cannot bring to fruition. This is what it means. You cannot go anywhere just groundbreaking. That is what our hon. Colleagues are known for. They keep groundbreaking for this and that and then run away and disappear.

 

Mr Speaker, do you know why these Government assurances have been difficult to fulfill?

 

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

 

Mr Speaker: A point of order is raised.

 

Mr Jamba: Mr Speaker, I rise on a very serious point of order.

 

Here, where we are, when we try to log into the system to indicate to speak, we seem to be logged out. I had indicated to speak, and I was the third on the list today, and even yesterday, it was the same.  It seems we are not operating at the same level, and as a result, some of our constituents are saying we are not speaking on serious issues. I was third on the list, but my name has been moved to the end and I do not even know whether I will have a chance to debate.

 

I need your serious ruling, Sir.

 

Mr Speaker: My serious ruling is reserved.

 

May the hon. Member for Mazabuka Central continue, please.

 

Mr Nkombo: Mr Speaker, I was saying that the reckless nature of pronouncements which do not talk to the budgeting process are the reason for the165 assurances having been made by the PF which lives to simply please people. The non-fulfilment of Government assurances is equivalent to breaking a promise. They are promise breakers. They make promises in the morning, like drinking panadol, promises at lunch and promises in the evening, but achieve nothing.

 

Sir, all assurances must talk to the Budget because it has figures provided for every activity. There is also a constitutional provision which compels any Government worth its salt to develop a country in an equitable manner. However, this is not the case with the PF, and you can see it even from how simple and basic things happen. For example, they have preferred places where to get National Registration Cards (NRCs) because their focus is simply to retain power at the expense of not telling the truth.

 

Mr Speaker, the PF is not a truthful Government. The earlier the people realise that the PF is not a truthful Government and that it relies on conjecture and things that do not add up, the better.

 

Sir, they then come into this material confusion of giving councillors money to resign. That money that is being used for by-elections can be used to fulfil some of these Government assurances. That is the bottom-line.

 

Sir, we have learnt that their group is even sponsoring terrorism abroad, disturbing the sovereignty of certain countries.

 

Mr Speaker: Order! 

 

Hon. Member for Mazabuka Central –

 

Mr Nkombo: Somebody stop the clock. The clock is running, Sir.

 

Mr Speaker: I will stop it.

 

When you are making allegations of that sort, they need to be backed up by facts. As presiding officers, we have rendered several rulings that insist on substantiating allegations made on the Floor. I urge you to withdraw that.

 

Mr Nkombo: Sir, what must I withdraw?

 

Mr Speaker: The allegation about sponsoring terrorism.

 

Mr Nkombo: Mr Speaker, it is with pleasure that I withdraw the fact that there is an allegation that the PF Government, through the Head of State, is disturbing Rwanda. As a matter of fact, I withdraw that willingly. However, the truth has no disguise. It can germinate even on a concrete slab. The truth will come out one day.

 

Sir, I could take advantage of this platform on my own behalf as a Zambian, and say that if it is true there is terrorism that is being sponsored, I want to apologise to the people of Rwanda.

 

Mr Speaker: Order, hon. Member!

 

 You have already withdrawn what you said. Just proceed with the rest of your debate.

 

Mr Nkombo: Mr Speaker, I want to make a public apology on my own behalf to the people of Rwanda in case what we are hearing is correct.

 

Mr Speaker: Hon. Member, you have withdrawn what you said.

 

Mr Nkombo: Mr Speaker, I thank you.

 

Mrs Chinyama (Kafue): Mr Speaker, I will start my submission by appreciating the concluding remarks which were made by the seconder who urged the Patriotic Front (PF) Government not to make promises when it has no capacity to fulfil them.

 

Sir, it was sad listening to the chairperson talk about a large number of projects on which the Government made assurances but did not implement. I note from the report that the Committee picked two issues pertaining to Kafue Parliamentary Constituency, which I represent. These relate to the establishment of a mini-hospital in Chiawa and the completion of the Kafue Bulk Water Project.

 

Mr Speaker, concerning the Chiawa Project, the report notes that this assurance was first made in 2019, but that later, a correction was made to indicate that it would happen in 2020. We are midway through 2020. I have been engaging the relevant ministry over this particular assurance and one promise after the other keeps coming but the people of Kafue are keenly waiting to see if the PF Government can keep its promise for once.

 

Sir, your Committee also commented on the Kafue Bulk Water Project. An hon. Minister is quoted as having said the project had created 906 jobs which had added great beneficiation to the lives of the people of Kafue. Unfortunately, the hon. Minister may wish to know that the people of Kafue have very little benefit to point at regarding this particular project. As people may be aware, it was a project that was meant to supply water to parts of Lusaka leaving Kafue and its surrounding areas without any provisions. We have areas like Kasengele and Kaseba around the area in which this project was established. Pipes run through these compounds, leaving them without water since they were established. The real benefits for the people of Kafue with regard to this project are neither here nor there.

 

Mr Speaker, if anything, I must state that the Committee missed the point. The assurance on this particular issue –

 

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

 

Mr Speaker: A point of order is raised.

 

Mr Miyanda: Mr Speaker, I rise on a very serious point of order on the hon. Minister of Home Affairs.

 

Sir, the people of Mapatizya are currently being assaulted by an individual called Lucky Kaluwe, commonly known as Chilombwana, as he calls himself. In the last three months, this young man aged 19 has raped over nine innocent women and assaulted over four men, one being a former police officer.

 

Mrs Chinyama: Is he a PF carder?

 

Mr Miyanda: Sir, the officers in Mapatizya in Zimba District are telling us that they are only twenty of them and there is almost little they can do because this young man is moving up and down.

 

Mr Speaker, three days ago, he assaulted an old man because he wanted his wife –

 

Mr Speaker: What is your point of order?

 

Mr Miyanda: Having said that, is the hon. Minister of Home Affairs in order to remain quiet without taking any action while the people in Mapatizya in Zimba District are suffering at the hands of this young man?

 

Mr Speaker: The hon. Minister of Home Affairs is not a police officer.

 

Hon. Government Members: Hear, hear!

 

Mr Speaker: You are a law abiding citizen. You can pursue this matter with the appropriate offices, including the highest office in the service, the Office of the Inspector-General (IG) of Police. I do not think that this is the place to raise matters of that nature.

 

Since we have very limited time and a lot of precious work, there will be no more points of order for today in order for us to make progress. That is my ruling.

 

Who was on the Floor? I have lost track.

 

The hon. Member for Kafue may proceed.

 

Mrs Chonya: Mr Speaker, I thank you. Where was I? I was saying the real issue …

 

Mr Speaker: I sympathise with you as well.

 

Laughter

 

Mrs Chonya: Mr Speaker, the assurance that came from the Government with regard to the Kafue Bulk Project was about the payment of gratuity to the workers who had worked tirelessly on it. I would rather the report had focused on that aspect. Maybe I can use this opportunity to remind the Government that those people are still aggrieved. So, the Government may think that people appreciate this particular project, but I think that they have been left more annoyed because they did not get their dues.

 

Mr Speaker, finally, I have an observation to make.  Looking at the number of activities and assurances on Votes for different ministries, one would sense that there is some expressions of intent to carry out certain things. However, I do not see this under the Ministry of Commerce, Trade and Industry. I would have expected, for instance, issues of the Nitrogen Chemicals of Zambia (NCZ) to be tackled. What the Government has been promising, as usual, is to revive the manufacturing industry. To me, the ministry looks dead yet this is the one ministry where I would have expected many activities happening if we are to go hand in hand with what our Seventh National Development Plan (7NDP) has envisaged to achieve.

 

Mr Speaker, with those remarks, I thank you.

 

Mr Speaker: We will proceed in this fashion: I have one independent Member, the hon. Member of Parliament for Chimwemwe, who will be followed by the hon. Minister of Finance and then Her Honour the Vice-President will respond.

 

Mr Mwila (Chimwemwe): Mr Speaker, I would like to make a contribution on Government Assurance No. 33 of 2019 made on 13^th February, 2019, by the hon. Minister of Health that the theatre at the Chimwemwe Mini Hospital would be operationalised by the end of the first of quarter of 2019.

 

Mr Speaker, your Committee has observed that the Government has since made some progress. An operating theatre table has been arranged from Ibenga Mission Hospital and an operating theatre light has since been procured. However, the X-ray machine has not been sorted out and the standby generator for power support has not been bought. So, as we speak, the operating theatre at the Chimwemwe Mini Hospital is not operational.

 

Sir, allow me to agree with the recommendation of your Committee urging the Government to seriously ensure that the theatre at the Chimwemwe Mini Hospital is operationalised for obvious reasons. Firstly, the people of Chimwemwe are spending a lot of money to transport their beloved sick ones for specialised treatment to the Kitwe Teaching Hospital. So, once the theatre at the mini hospital is operationalised, our people will stop incurring costs and spending these monies. Secondly, the talk of the day is the Coronavirus Disease-2019 (COVID-19). So, once the theatre at the Chimwemwe Mini Hospital is operationalised, our people will reduce the chances of contracting COVID-19 because the exposure will not be as much as it is currently when they have to transport their patients to the Kitwe Teaching Hospital for specialised treatment.

 

Mr Speaker, the beauty with the operationalisation of the theatre at the mini hospital is that it will come with a resuscitation facility unlike what we see now. The situation in Chimwemwe is not different from that of Lusaka or even here at Parliament where a person would collapse and immediately after be pronounced dead. Just yesterday, we lost one hard working nurse here at Parliament. The situation is the same even in Chimwemwe Constituency, where, if a person collapses, the next thing we hear is that he/she is pronounced dead.  If the mini hospital’s operating theatre is operationalised, and the resuscitation equipment installed, we are going to see a reduced number of people dying immediately after collapsing.

 

Mr Speaker, Government Assurance No. 21 of 2019 relates to the assurance made by the then hon. Minister of Finance to the effect that the Zambia Credit Guarantee Scheme (ZCGS) will start issuing guarantees by the end of the first half of 2019.  Your Committee has since observed that to the contrary, a wasteful expenditure to the tune of K29.9 million has been incurred. This raises concern especially that junior technocrats in the ministry found it fit to spend K29.9 million on allowances, fuel and other office expenses, but failed to raise the required minimum capital of K5 million to operationalise the ZCGS.

 

Mr Speaker, the people of Chimwemwe would like to inform the hon. Minister of Finance that he has a mammoth task in the ministry because there is no way the same ministry can issue a wasteful expenditure to a tune of K29.9 million, but fail to raise K5 million to operationalise this important scheme that our people, especially the marketeers of Chimwemwe, have been crying to the Government to have it operationalised.

 

Mr Speaker, with these few remarks, I would like to support the report of your Committee.

 

I thank you, Sir.

 

Mr Speaker: Before I call upon the hon. Member for Mwembezhi, I will begin with my ruling.

 

I have consulted the technocrats and the advice I have been given is that there is a tendency by hon. Members to log into the system in advance. So, the system managers are clearing those of you who are logging into the system in advance so that you log in at an appropriate juncture. So, if you log into the system in advance, it does not give you any advantage. We start calling upon you at an appropriate juncture after I have signalled. That is how the managers are proceeding. So, if you log into the system in advance, you are not having any lead whatsoever. We clear you so that we level the playing field. However, since you are an independent hon. Member, I will allow you to proceed to make your comments or debate on this report.

 

Mr Jamba (Mwembezhi): Mr Speaker, regarding Government assurances, I will start by talking about the Ministry of Health. The hon. Minister of Health stood on the Floor of the House in this Chamber and told the people of Mwembezhi that the Government was going to construct two mini hospitals in that area.

 

Mr Speaker, us, the people of Mwembezhi, have suffered a lot. We take our people to Levy Mwanawasa Hospital and the University Teaching Hospital (UTH) which are referral hospitals all the way from Mwembezhi. We have spoken about this issue for a long time. The hon. Minister stood on the Floor of this House on firm ground that he was going to have the mini hospitals built in Mwembezhi. To date, not even the groundbreaking has been done yet the hon. Minister has been breaking ground even three or four times in some constituencies. There is nothing that is happening in my constituency.

 

Mr Ng’onga: Question!

 

Mr Jamba: Mr Speaker, the then hon. Minister of Housing and Infrastructure Development assured Hon. Hamusonde of Nangoma and I that the Nampundwe Road which is in a deplorable state would be worked on. The road is impassable even when it is not a rainy season. You cannot use this road to get to Mwembezhi.  The hon. Minister promised us that the road would be worked on. However, initially, they were saying: “kavote day kavote day is why we are not working in Mwembezhi”.

 

Mr Ng’onga: Meaning?

 

Mr Jamba: They were referring to the way we vote in Mwembezhi. When there was a by-election, –

 

Interruption

 

Mr Jamba: Mr Speaker, despite promising the people of Mwembezhi that the Government would work on that road, nothing has happened to date. Is it only after I vote for the Constitution of Zambia (Amendment) Bill, 2019 that the Government will carry out the road works?

 

Interruption

 

Mr Jamba: Mr Speaker, we cannot live as though we are in the stone age. People came and assured us that they were going to work on that road, but nothing is happening. It is very sad that people can stand and assure others in this very august House, but do the exact opposite of what they talked about.

 

Mr Speaker, this is why people are now looking at the Government assurances like – what is that word which you use in law which means something that is just by the way? What is that word? It is like standing up and making assurances in Parliament is just a by the way thing.

 

Hon. Member: Obiter dictum!

 

Mr Jamba: Yes, obiter dictum. It is something that you cannot trust. The citizens have lost confidence in our Government and in us as hon. Members of Parliament. They think that whatever is said in this Parliament is not true because not even a quarter of it is implemented.

 

Mr Speaker, us, the people of Mwembezhi, are very sad because the Government can never be taken at its word. It does not fulfil what it says. It is ten months before this Parliament is dissolved. One can see that the assurances will not come true.

 

Mr Speaker, I thank you.

 

The Minister of Finance (Dr Ng’andu): Mr Speaker, I would like to start by commending the Committee on Government Assurances on its very elaborate presentation of the report before this House. The report has identified important issues pertaining to outstanding Government assurances that have been made.

 

Mr Speaker, the challenges and recommendations as highlighted in the report, and some of which have been presented to this House this afternoon, cover a number of areas, but I would like to pick out a few outstanding ones which I think require comment.

 

Mr Speaker, the first one relates to the operationalisation of the Zambia Credit Guarantee Scheme (ZCGS). The Committee recommends that the Government must secure the requisite funds or consider disbanding the ZCGS with immediate effect so as to put an end to the wasteful expenditure on wages and allowances.

 

Mr Speaker, the Ministry of Finance has taken note of the recommendations of the Committee to secure the requisite funds and consider the ZCGS’s operationalisation or consider disbanding the scheme so as to put an end to the wasting of resources through allowances for a non-functional organisation. However, I wish to inform this august House that the issuance of partial guarantees is one technical area that requires various operational systems to be put in place to safeguarded public funds as well as the integrity of the guarantee scheme itself and its governance and operations. Therefore, a large part of the K29.9 million has been spent on setting up this scheme and all the required operational systems that include risk management, credit systems and financial management and control systems.

 

Mr Speaker, the House may wish to note that the ZCGS has since signed partner financial institution agreements with two local partner financial institutions to commence the issuance of partial credit guarantees to qualifying small and medium enterprises. In this regard, the Government is in the process of securing funds to enable the ZCGS start issuing partial credit guarantees with partner financial institutions as the guarantees are always cash based.

 

Mr Speaker, the second issue that I want to flag from the report is the inability of the Treasury to roll out the Output Based Budget (OBB) in the 2020 Budget to all twenty-three Ministries, Provinces and other Spending Agencies (MPSAs) that were trained in April, 2019. The recommendation of the Committee is that the Government should ensure that the OBB system is rolled out in the twenty-three MPSAs for which training was undertaken in April 2019. The Committee may wish to note that the OBB has been rolled out to the twenty-three MPSAs trained in April 2019. So, that has already been done.

 

Mr Speaker, the third issue that I would like to flag out from the report is the assurance made on the Floor of the House to recruit 750 agriculture extension officers. The recommendation of the Committee is that the Government should ensure that the total number of extension officers is recruited.

 

Mr Speaker, in the 2018 Budget, the Ministry of Finance provided resources for the recruitment of approximately 750 extension officers of which 500 were to be recruited in the Ministry of Agriculture and 250 in the Ministry of Fisheries and Livestock. This is consistent with paragraph 46 of the 2018 Budget Address that was presented on Friday, 29^th September, 2017, that read as follows: 

 

“Sir, to support the outlined measures, the Government will recruit 750 extension service workers for agriculture, livestock and fisheries.”

 

Therefore, the Committee should note that a total of 750 extension officers was the minimum that was to be recruited across the two ministries and not the Ministry of Agriculture alone. It is in this regard that the Ministry of Agriculture had recruited 698 personnel of which 661 are extension officers.

 

Mr Speaker, the fourth observation of the Committee that I would like to flag out is that the policy for livestock and aquaculture has not been developed despite baseline data having been provided through the livestock and aquaculture census that was concluded and presented on the Floor of this House in July 2019. 

 

Mr Speaker: Order!

 

The hon. Minister’s time expired.              

 

Dr Ng’andu: I am being told to continue, but that is not being said by the Hon. Mr Speaker.

 

Mr Speaker:   Hon. Minister of Finance, in the scheme of things, the person who is responding on behalf of the Executive is Her Honour the Vice-President.

 

Interruptions

 

Mr Speaker: I was making a point that the response will come from Her Honour the Vice-President. You were given an opportunity to contribute by way of debate and you were allocated five minutes.

 

The Vice-President (Mrs Wina): Mr Speaker, I thank you for giving me this opportunity to add my voice to the Report on Government Assurances. First and foremost, I wish to thank the hon. Members of the Committee on Government Assurances, for the thorough examination of the issues at hand in the preparation of the report. I also wish to thank all the hon. Members of this House who took time to carefully scrutinise and debate the various issues raised in the report, which are important to the development agenda of our country.

 

Mr Speaker, let begin by stating that each and every assurance made by the Government on the Floor of this House, is made in good faith, and that the Government is committed, resources permitting, to fulfilling the promises it makes for the benefit of the people of Zambia.

 

Mr Speaker, to that end, hon. Members will note that over the past nine years, the Patriotic Front (PF) Government has made significant strides in various key aspects of the national development agenda, such as infrastructure development, particularly in the transport and energy sectors, where the Government has undertaken and successfully delivered unprecedented advancements.

 

Sir, furthermore, the Government’s commitment to increasing access to social services for those who are most venerable in our communities means that our people in all parts of the country have easier access to better health facilities through the construction of hospitals, and health posts. Even those hospitals and mini hospitals that have not been completed, the Government still has plans for them. More of our children, particularly the girl children, are enrolled in schools and are able to attend classes without travelling long and dangerous distances.

 

Sir, in addition, our men and women in uniform are better equipped and are now housed in suitable accommodation in various parts of the country.

 

Mr Speaker, these are but few examples to show that the Government means business, and as I conclude, I wish reassure the people of Zambia, through this august House that despite the currently strained fiscal space, the PF Government will continue on this development agenda of ensuring that the living standards of our people are improved.

 

I thank you, Sir.

 

Mr Kamondo: Mr Speaker, I would like to thank the seconder of the Motion and I would also like to thank the following hon. Members; Hon. Nkombo, and the hon. Member of Parliament for Kafue, hon. Member of Parliament for Chimwemwe, as well as hon. Member of Parliament for Mwembezhi. I would also like to thank the hon. Minister of Finance for the contributions that he made. I would also wish to thank Her Honour the Vice-President, for reassuring the nation that the Government will continue on a better note other than this one.

 

Mr Speaker, I also wish to thank you for having supported your Committee to come up with this very important report and also wish to thank the Clerk for the leadership and guidance that her office provided.

 

I thank you, Sir.

 

Question put and agreed to

 

_______

 

BILLS

 

SECOND READING

 

THE LANDLORD AND TENANT (BUSINESS PREMISES) (Amendment) BILL, 2020

 

The Minister of Local Government (Dr Banda): Mr Speaker, I beg to move that the Bill be now read the second time.

 

Mr Speaker, I wish to inform the House that the object of this Bill is to amend the Landlord and Tenant (Business Premises) Act, so as to:

 

1. revise the limits of the civil jurisdiction of Magistrates; and

 

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

 

Mr Speaker, this is of a consequential amendment, arising from the amendment to the civil jurisdiction of the Subordinates Courts or the First Class which was passed by Parliament in the last sitting.

 

Mr Speaker, the aim of this Bill is to revise the jurisdiction of the Magistrates under the Landlord and Tenant (Business Premises) Act, from K50,000 to K100,000, on matters to do with business premises.

 

Mr Speaker, in this Bill, we are just harmonising the Magistrates’ jurisdiction in the Judiciary Act with the provisions of the Landlords Act.

 

Mr Speaker, I beg to move.

 

Mr Samakayi (Mwinilunga): Mr Speaker, the Committee on Local Governance, Housing and Chiefs Affairs was tasked to scrutinise the Landlord and Tenant (Business Premises) (Amendment) Bill, 2020, for the Fourth Session of the Twelfth National Assembly referred to it by the House on Wednesday, 11^th March, 2020.

 

Mr Speaker, in carrying its important task, the Committee interacted with various stakeholders. As hon. Members may be aware, the proposed Bill intends to amend the Landlord and Tenant Business Premises Act, Chapter 193 of the Laws of Zambia which was enacted in 1972, to provide security of tenure for tenants occupying property for business and such other purposes.

 

Sir, further, in 2018, Parliament enacted the Rent Amendment Act, No.3 of 2018, to amend the Rent Act, Chapter 206 of the Laws of Zambia. The amendment resulted in an upward adjustment on the limits of the civil jurisdiction of magistrates in relation to claims relating to the rent of dwelling houses. 

 

Mr Speaker, in addition, Parliament simultaneously enacted the Subordinate Courts (Amendment) Act No. 4 of 2018, which provided among others, for the Chief Resident Magistrate to be included in the composition of the subordinate court of the first class and provided for the upward adjustment of the limits of civil jurisdiction of magistrates.

 

Sir, following the 2018 amendments to the two Acts mentioned above, a need has arisen to amend the Landlord and Tenant Business Premises Act in order to synchronise it with the new provisions highlighted above.

 

Mr Speaker, it is against this background that the Landlord and Tenant Business Premises (Amendment) Bill, 2020, has been introduced in order to increase the civil jurisdiction of magistrates relating to premises rented for business purposes. In this light, the Committee fully supports the Bill as it is not only non-controversial, but also long overdue.

 

Sir, while supporting the Bill, allow me to inform the House on one of the concerns that resonated right through the submissions of most stakeholders relating to the amendment of Section 2 of the Act. Most stakeholders were of the view that the proposed amendment was overdue and the delay by the Government in revising the monetary threshold had immensely contributed to the case overloads in the courts of appeal and ultimately, led to the delayed delivery of justice in disputes between landlords and tenants. In that respect, it was evident that the Landlord and Tenant Act in its form was out of tune with the prevailing economic factors and market trends which contributed to the high court being overwhelmed by numerous cases that could well be handled by magistrate courts across the country. For instance, Section 2 of the Act was enacted at a time when business premises were envisaged to be rented at K3,600 per annum or K300 per month. Sir, such premises are no longer in existence. Therefore, the proposed amendment to the Landlord and Tenant Business Premises Act, Cap 193 would greatly assist in reducing the case backlog of the high court by having substantial portion of matters involving rent being dealt with by the subordinate courts.

 

Mr Speaker, I thank you.

 

Mr Mwiimbu (Monze Central): Mr Speaker, while I have no objection to the proposed amendments, I would like to make one very cardinal comment pertaining to the Landlord and Tenant Business Premises Act.

 

Mr Speaker, if I were the hon. Minister of Local Government, I would not have dwelled much on this particular provision, but I would have looked at the monetary issues that are being transacted at these business premises.

 

Mr Speaker, any listening Government would have listened to the cries of tenants in most of these business premises in Zambia. I have in mind, tenants who are renting from landlords in the shopping malls. I have no doubt in my mind that most of the tenants in these premises do not pay their rentals in Kwacha. They are paying the rentals in United States (US) Dollars. When you translate the monetary payments that members of the public are paying in these shopping malls, you will find that this particular provision of the law is not addressing the issue.

 

Sir, if the hon. Minister of Local Government takes an inventory by finding time to interact with the members of the public in these shopping malls, he would actually find out that their businesses are going down as they are failing to pay rent as a result of the rentals being pegged in US Dollars. When you translate the payments that are being made by most of the Zambian businesses, you will find that this provision is not going to be helpful. Therefore, my proposal to the hon. Minister of Local Government is to ensure that he comes up with a law in this regard. I am aware that there was already a Statutory Instrument (SI) which was not being enforced in this country by the PF Government, where it was indicated that all transactions in this country should be in Kwacha. Unfortunately, even the Government itself, when it is tendering and making payments, it does so in US Dollars. Thus, all these people who are running businesses are quoting their rentals in US Dollars. I would propose that in future, when there is an amendment, the Government should ensure that all the rental payments must be in Kwacha. That will go a long way in protecting the Zambian entrepreneurs who are failing to pay rent in US Dollars.

 

Mr Speaker, if you go to the shopping malls around Lusaka, you will find that most of the shops owned by Zambians have closed down. They have closed down because the Zambians are failing to pay rentals in US Dollars, especially this time when the Kwacha versus the US Dollar is like butter in the Kalahari Desert. It is melting. From last year to date, the Kwacha has lost value by more than 50 per cent and those who are tenants there are failing to pay rentals. That is the issue which I would like the hon. Minister of Local Government to look at. In future, when he comes to make a proposal for amendments, he should ensure that all rental payments are paid in Kwacha.

 

I thank you, Mr Speaker.

 

Mr Ngulube (Kabwe Central): Mr Speaker, I thank you for this opportunity to debate. Allow me to also thank the mover, the seconder and the hon. Minister for their contribution on this Bill.

 

Mr Speaker, I think Hon. Mwiimbu’s submission appears to have deviated from the object of the Bill. I say so because I think the report is very clear. What the Bill seeks to do is to increase the jurisdiction of the magistrate court. We are aware that the Magistrate Court Act –

 

Mr Speaker: Order!

 

Hon. Member for Kabwe Central, resume your seat.

 

My understanding of the debate by the Leader of the Opposition is that he has taken advantage of this subject, the Act itself to say in future, consider looking at this prospect. I do not think this is an objection to the Bill. In fact, he went on record and said, he was not objecting to the passing of the Bill. That was the initial statement. If you have something to contribute to the debate as well, you can go ahead.

 

Laughter

 

Mr Ngulube: Mr Speaker, allow me to state that the jurisdiction of the magistrate courts must be enhanced because even in civil jurisdiction. The jurisdiction was actually enhanced. So, increasing the jurisdiction of the magistrate court in matters of landlord and tenant business premises, as well as others would actually just be in order.

 

Mr Speaker, allow me also to state that the reason shops are closing down in shopping malls is not necessary because of any piece of legislation. I think it is because of economic factors. I also want to state in conclusion that this is a very good Bill, which must be supported by all of us. For the first time, I can see smiles on the other side (left) meaning that for the first time, we are agreeable on changing this law.

 

Mr Speaker, finally, let me state that it would have been very nice if we had actually looked at all the laws and proposals that came through the Constitution of Zambia (Amendment) Bill, 2019 because that would have been a good opportunity for the people of Zambia to change some of these difficult provisions in the laws. I see Hon. Mwiimbu is agreeing with me.

 

I thank you, Sir.

 

Mr Speaker: I will proceed as follows; I will have the hon. Member for Chama South, followed by the hon. Minister of Justice. Then I will go to the hon. Minister of Local Government and finally back to the hon. Member for Mwinilunga, in that order.

 

Mr Mung’andu (Chama South): Mr Speaker, I thank the hon. Minister for the Bill that he has presented on the Floor of the House.

Sir, as the hon. Minister indicated, the current Landlord and Tenant (Business Premises) Act has been in existence for more than, maybe forty years. In terms of the monetary description, the annual rent was about 3,000, which translates to about 300 per month and is not practical at the moment. With time, we have seen the state of the art specialised business infrastructure that has been put up in our country.

Mr Speaker, it is important that as we look at this Bill, we are objective as a country. I heard the previous speaker suggest that the hon. Minister should have presented a Bill that would have looked into the welfare of particular indigenous businesses. That is not the reality. In this country, we are promoting the private sector. So, if we had a Bill that would restrict or intervene in private investment, it would be totally the opposite of what particularly the Patriotic Front (PF) Government believes in. If people looked at our manifesto as a party, we promote the private sector. So, making a law that would intervene in the property market would not be helpful to not only the investors or developers but to our economy as a whole.

Sir, making reference to shopping malls, most of them were built by investors who want to make a return. Looking at the elasticity of demand for commercial retail space, it is usually inelastic, meaning the response of demand to supply does not correspond because of the capital intensive nature of these projects. Putting up a shopping mall, for example, the Levy Junction Mall, Lewanika Mall or others requires substantial amounts of money. So, for one to suggest that the Government should bring a Bill such that when we are in the situation that we are in, then, it should compel landlords to, more like, make their premises free, is not practical and honest. It demonstrates how dangerous the United Party for National Development (UPND) Government can be if given an opportunity to rule this country especially when it comes to private investment.

Sir, finally, I would like to submit that instead of suggesting that the Government intervenes in the property market, we should maybe lobby for corporate social responsibilities, which we have already seen. In fact, many landlords have suspended rentals for a number of tenants. We also learnt that multinationals like Spar are winding up business in Zambia. However, some people might attribute the winding up of these multinationals at our shopping malls to the PF Government yet they are seeing the impact of the Coronavirus Disease-2019 (COVID-19).

 

Mr Speaker, as much as COVID-19 is bringing more negativity to our economy, it is also presenting opportunities for us Zambians to open retail businesses so that we can occupy the shopping malls. Imagine if the Government woke up and said that it does not want the multinationals. People would say that it is becoming unfriendly but nature is telling us that this is an opportunity for Zambians to own most of the businesses. I support this Bill.

 

I thank you, Sir.

The Minister of Justice (Mr Lubinda): Sir, I commend your Committee for its very progressive report. It covered issues concerning the amendment Bill and other matters that I thought I should respond to.

Mr Speaker, the idea of the subordinate courts having divisions for civil and criminal matters is a very important and attractive proposition. I would like to assure the House that this is a matter which the Judiciary and the Ministry of Justice are currently looking at. However, I would also like to inform the House and the nation at large that by increasing the jurisdiction of the magistrate courts, we will decongest the High Court. Invariably, we will congest the magistrate courts because matters that are currently being handled by the High Court will now go to there. What is required, therefore, is that this House supports the establishment of more magistrate courts. In saying so, I would like to reiterate what I have said before that hon. Members of Parliament must also take interest in establishing local courts in their areas so that many people have their cases handled at the lower levels of the Judiciary. Not all cases must be heard at the higher levels.

Sir, having said this, the proposition of introducing fee units rather than monetary value as jurisdictions for the courts is also another important proposition, which I subscribe to. I would like to inform the House that the Ministry of Justice, working with the Judiciary, has already started looking at the possibilities of doing this. We did not have to use this law to do that because like my hon. Colleagues said, this law is specific to increasing the authority of the magistrate courts over matters to do with rentals, and nothing else. All other jurisdictions are provided for in the Judicature Administration Act, which was amended by this House. However, these matters will certainly be taken into account by the Government, generally. As Minister responsible for these matters, I want to assure the chairperson, the House and the nation at large, that we will look into these matters.

Mr Speaker, this brings me to the issue of the idea of discussing a matter that was under Statutory Instrument (SI) No. 33. It was brought in as a by the way and has nothing to do with this law. However, as a by the way, I would like to remind ourselves that we ought to be consistent with what we say with regard to the governance of the country. I recall very well that when the Government published the SI No. 33, it received a lot of resistance.

Sir, the Government with the then hon. Minister of Finance, Mr Chikwanda, was very determined to stop the charging of rentals and all payments using foreign currency. I was among the people who went round to try and sensitise people about this matter. I even went to Livingstone. The record will show that some of the people who are saying that we should have left that SI to be in existence were opposing it. Consistency is a virtue. I would like Zambians to recognise us for what we stand for. What we say yesterday, we should also say today. We should not be chameleons who change with the weather and the colour of the environment. We must be consistent.

 

I thank you, Sir.

 

Dr Banda: Mr Speaker, allow me to start by thanking the Chairperson of the Committee on Local Governance, Housing and Chiefs Affairs and the entire Committee for doing a very good job in scrutinising the Landlord and Tenant (Business Premises) Amendment Bill No. 4 of 2020.

Sir, I also thank all the hon. Members of Parliament who have debated on the amendment Bill, whose aim is basically to revise the jurisdiction of the magistrates under the Landlord and Tenant (Business Premises) Act from K50,000 to K100,000 in order to synchronise it with the provisions of the Landlords Act. It is, indeed, true that the amendment was long overdue, and some provisions were out of tune with the market and current trends.

 

Mr Speaker, I wish to respond briefly to what Hon. Mwiimbu, the Leader of the Opposition, said. The Patriotic Front (PF) is a listening Government and has always listened to the cries of the people. However, this cannot stop us from bringing the law to be up to speed with the current situation. That is the reason we came up with this Bill so that we cure what we felt was a problem in the courts. I wish to remind Hon. Mwiimbu that there is already an SI, like the hon. Minister of Justice said, which is in existence to compel all business premises to transact in Kwacha and not in foreign currency and that what remains is just a matter of enforcement. So, it is the issue of enforcement that is at play and not the amendment of any other law.

 

I thank you, Mr Speaker.

 

Mr Samakayi: Mr Speaker, I thank all the hon. Members who have debated positively on this issue, which is non-controversial.

 

Mr Speaker: Order!

 

Hon. Member for Mwinilunga, sorry, you have had your day.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Tuesday, 21^st July, 2020.

 

_______

 

MOTION

 

REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS ON THE NATIONAL ASSEMBLY APPROVAL OF THE PROPOSAL TO RATIFY THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION OF 1988

 

(Debate resumed)

 

Ms Chisangano (Gwembe): Mr Speaker, when business was suspended yesterday, I was saying that additionally, currently, Zambia does not have the jurisdiction to prosecute foreign offenders or suspects from countries which have not signed bilateral agreements with it on extradition. In this regard, ratifying the protocol will put the country in a better position to prosecute foreign offenders and suspects whether or not there is a bilateral extradition agreement.

 

Sir, the Committee notes that once the protocol is ratified, the pieces of legislation set below will need to be amended:

 

1. the Civil Aviation Authority Act, 2012;
2. the Civil Aviation Act, 2016;
3. the Penal Code Chapter 87 of the Laws of Zambia;
4. the Criminal Procedure Code Chapter 88 of the Laws of Zambia; and
5. the Anti-Terrorism and Non-Proliferation Act, 2018.

 

Mr Speaker, the Committee is satisfied that the conditions for determining whether or not the ratification of the protocol is in the best interest of the nation are set out. Further, the ratification of the International Agreement No. 34 of 2016 has been met. The Committee, therefore, recommends that the National Assembly approves the proposal to ratify the protocol without reservations.

 

I thank you, Sir.

 

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

 

Ms Lubezhi (Namwala): Now, Sir.

 

Mr Speaker, in seconding the Motion on the Floor of the House, I will start by thanking the mover, the Chairperson of the Committee on National Security and Foreign Affairs.

 

Sir, I will just highlight a few issues and will start with the background of the protocol. The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation is sometimes referred to as the Sabotage Convention or Montreal Convention. It is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of civil aviation. As indicated by the mover, to date, Zambia is not a state party to the protocol although she is a signatory to the principle convention. This has the potential of making Zambia’s aviation industry unsafe both for travel and investment.

 

Mr Speaker, let me also highlight a few benefits of ratifying this protocol. With the re-establishment of the national airline in the offing, Zambia’s aviation space should be seen to be safe. Thus, ratifying the protocol will make Zambia become compliant with international standards. This will also boost investment in the aviation industry and Zambia will benefit from sharing and receiving information relating to offences under the protocol.

 

Sir, in conclusion, the Committee recommended that there is a need to reform legislation concerning this protocol. There is also a need to amend the Civil Aviation Act, 2016 to provide for stiffer penalties considering the severity of the offences. Lastly, the penalties currently provided for in the Act are not deterrent enough.

 

Mr Speaker, with those few remarks, I thank you.

 

The Minister of Home Affairs ( Mr Kampyongo): Mr Speaker, thank you very much for giving me this opportunity to make some brief comments on the Motion ably moved by the Chairperson of the Committee on National Security and Foreign Affairs.

 

Mr Speaker, I want to start by appreciating the manner in which the Committee chairperson and the seconder of the Motion have proposed the approval to ratify the Protocol for Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1988, for the Fourth Session of the Twelfth National Assembly, laid on the Table of the House on 3^rd July, 2020.

 

Mr Speaker, the use of air transport has increased tremendously for both passengers and cargo. This has contributed so much in the area of trade, tourism and investments. Therefore, it is imperative to ensure that there is safety and security of civil aviation through international co-operation. Of course, we bear in mind the fact that we have this pandemic, which has now grounded most of our airlines. We acknowledge that currently, there is no law in Zambia which adequately addresses the suppression of unlawful acts of violence at airports serving international civil aviation.

 

Sir, in responding to the request by the chairperson of the Committee in her submission, let me inform this august House that the Government is in the process of amending the Anti-Terrorism and Non-Proliferation Act, 2018, and the provisions of the protocol will be taken into account as a way of domesticating the protocol. The protocol is an international requirement and obligation for Zambia to ratify in order to comply with international best practices in the fight against unlawful acts against the safety of civil aviation.

 

Mr Speaker, the ratification of the protocol will also render persons and entities that engage in such acts to be held accountable for their acts. Zambia should co-operate with other member states to ensure that the offenders are not offering any defences or committing acts which may be based on their political motivation, religion, or any other rights that they may claim for their actions. Further, Zambia’s ratification of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation will not only enhance international co-operation but also strengthen security in international airports of member states and locally.

 

Mr Speaker, once again, I sincerely appreciate the work of the Committee and the chairperson for the manner in which they dealt with this very important international requirement.

 

I thank you, Sir.

 

Ms Chisangano: Mr Speaker, I would like to thank the Committee members for the good work that they did. At this moment, I would also like to appreciate the seconder for ably seconding this report. Above all, I would like to thank the hon. Minister of Home Affairs who has given us some comprehensive input towards the report.

 

Mr Speaker, I thank you.

 

Question put and agreed to.

 

_______

 

BILLS

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES

in the Chair]

THE NATIONAL PLANNING AND BUDGETING BILL, 2019

(Consideration resumed)

CLAUSE 11 – (Functions of District Development Co-ordinating Committee)

The Minister of National Development and Planning (Mr Chiteme): Madam Chairperson, I beg to move an amendment in Clause 11, on page 15:

 

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”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 11, as amended, ordered to stand part of the Bill.

 

Clause 12, ordered to stand part of the Bill.

 

CLAUSE 13 – (Cluster Advisory Group)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 13, on page 16, in line 12, by the insertion of the words “as prescribed” immediately after the word “Group”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 13, as amended, ordered to stand part of the Bill.

 

Clauses, 14, 15 and 16 ordered to stand part of the Bill.

 

CLAUSE 17 – (Preparation of Long Term Development Planning)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 17, on page 17:

 

1. in line 24, by the insertion of the words “by June of the year preceding the commencement of its implementation” immediately after the word “approval”;
2. in line 26, by the insertion of the words “by September of the year preceding the commencement of its implementation” after the word “approval”; and
3. after line 26, by the insertion of the following new subclause immediately after paragraph (d):

 

                        (3)        The National Assembly shall approve a Long Term Development Plan by December of                                        the year preceding the commencement of its implementation.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 17, as amended, ordered to stand part of the Bill.

 

Clauses 18 and 19 ordered to stand part of the Bill.

 

CLAUSE 20 – (Policy Statement)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 20, on page 18, in lines 4 to 11, by the deletion of Clause 20 and the substitution therefor of the following:

 

	Policy Statement

 

Policy Statement                     20. The Minister shall, by June of the fourth year of implementation of the existing plan, prepare and issue a policy statement on the formulation of the successor plan which shall state the –

 

1. lessons learnt, challenges and propose broad areas of direction in implementation of the national development plan;
2. process of the preparation of the national development plan; and
3. means of public consultation and participation.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 20, as amended, ordered to stand part of the Bill.

 

Clauses 21 and 22 ordered to stand part of the Bill.

 

CLAUSE 23 – (Approval of National Development Plan)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 23, on page 19, after line 14, by the insertion of the following new sub-clause immediately after sub-clause (2):

 

(3)        For the purposes of this section “project of national character” means a project whose benefits are                      intended to accrue to the majority of the population.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clauses 24, 25, 26, 27, 28 and 29 ordered to stand part of the Bill.

 

CLAUSE 30 – (Mid-Term Review of National Development Plan)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 30, on page 21, in lines 18 to 22, by the deletion of sub-clause (2) and the substitution therefor of the following:

 

(2)        The ministries shall, when preparing the annual and mid-term review of the National Development Plan,          include the assessment of the impact of the projects implemented in the subsisting National Development Plan.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clause 31 ordered to stand part of the Bill.

 

CLAUSE 32 – (Budget Policy Paper)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 32, on page 21:

 

1.  in lines 32 to 33, by the deletion of the words “Secretary to the Treasury” and the substitution therefor of the words “Permanent Secretary responsible for budget and Permanent Secretary responsible for planning”; and

 

1. in lines 34 to 35, by the deletion of paragraph (a) and the substitution therefor of the following:

 

1. the annual performance review of the National Development Plan for the head of expenditure;.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clause 33 ordered to stand part of the Bill.

 

CLAUSE 34 – (Policy hearing)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 34, on page 22, in lines 18 to 22, by the deletion of clause 34 and the substitution therefor of the following:

 

34.       (1)        The Permanent Secretary responsible for budget, in consultation with the Permanent Secretary responsible for planning, shall by the first Friday of May of each year submit to the Secretary to the Treasury a report on salient issues emanating from the submission under sections 32 and 33 for the purpose of advising the Secretary to the Treasury on the proposed policy direction and resource implications.

 

            (2)        The Secretary to the Treasury may, by the second Friday in May each year, consult with the controlling officer of a head of expenditure on the budget policy paper submitted in accordance with section 32, to ascertain the proposed policy direction and resource implication.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 34, as amended, ordered to stand part of the Bill.

 

CLAUSE 35 – (Budget Policy Concept Paper)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 35, on page 22, in line 23, by the insertion of the words “in consultation with the Minister” immediately after the word “shall”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 35, as amended, ordered to stand part of the Bill.

 

CLAUSE 36 – (Green Paper on Medium Term Budget Plan)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 36:

 

1. on page 22, in line 27, by the insertion of the words “in consultation with the Minister” immediately after the word “shall”; and

 

1. on page 23, in line 7, by the insertion of the words “in consultation with the Minister” immediately after the word “shall”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 36, as amended, ordered to stand part of the Bill.

 

CLAUSE 37 – (Public Consultation on Green Paper)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 37, on page 23, in line 13 by the insertion of the words “in consultation with the Minister” immediately after the word “shall”.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 37, as amended, ordered stand part of the Bill.

 

Clauses 38, 39 and 40 ordered stand part of the Bill.

 

CLAUSE 41 – (National Budget Policy Statement)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 41, on page 24, in line 23 by the insertion of the words “in consultation with the Minister” immediately after the word “shall”.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clauses 42, 43, 44, 45 and 46 ordered stand part of the Bill.

 

CLAUSE 47 – (Accountability of Controlling Officer)

 

Mr Chiteme: Madam Chairperson, I beg to move an amendment in Clause 47, on page 27, in lines 8 to 10 by the deletion of Clause 47 and the substitution therefor of the following:

 

 

4
.       (1) A controlling officer is accountable for the attainment of the output targets set out in the estimates of revenue and expenditure falling under the controlling officer’s mandate.

(2)        A controlling officer who contravenes subsection (1) is liable to disciplinary action as may be determined by the appointing authority.

 

Amendment agreed to. Clause amended accordingly.

 

Clause 47, as amended, ordered stand part of the Bill.

 

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

Schedule ordered to stand part of the Bill.

 

Long Title agreed to.

 

THE NATIONAL FORENSIC BILL, 2020

 

Clause 1 ordered to stand part of the Bill.

 

CLAUSE 2 ˗ (Interpretation)

 

The Minister of Home Affairs (Mr Kampyongo): Madam Chairperson, I beg to move an amendment in Clause 2:

 

            (a)        on page 6

 

                        (i)         in lines 1 to 11 by the deletion of the definition of “authorised officer”;

 

                        (ii)        in lines 12 to 13 by the deletion of the definition of “ballistic fingerprint”;

 

                        (iii)       in lines 19 to 20 by the deletion of the definition of “bodily sample”; and

 

                        (iv)       in lines 21 to 22 by the deletion of the definition of “buccal sample”; and

 

 

(b)        on page 8

 

             in lines 7 to 8 by the deletion of the definition of “mass disaster” and the substitution therefor of the following:

 

“mass disaster” means an event, natural or man-made, sudden or progressive, resulting in casualties numbering more than ten individual the remains of which are identified and subjected to an investigation under the

            Cap. 36                                    Inquests Act;.

 

Amendment agreed to. Clause amended accordingly.

 

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

 

Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 ordered to stand part of the Bill.

 

Schedule ordered to stand part of the Bill.

 

Title agreed to.

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HOUSE RESUMED

 

[MR SPEAKER in the Chair]

 

The Following Bills were reported to the House as having passed through the Committee with amendments:

 

The National Planning and Budgeting Bill, 2019

 

The National Forensic Bill, 2020

 

Report Stages on Friday, 17^th July, 2020.

 

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MOTION

 

ADJOURNMENT

 

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

Question put and agreed to.

 

 

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The House adjourned at 1647 hours until 1430 hours on Wednesday, 16^th July, 2020.

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