Thursday, 16^th July, 2020

 

The House met at 1430 hours

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

___

 

MOTIONS

 

REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS ON THE CONSIDERATION OF THE PROPOSAL TO RATIFY THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

 

Ms Chisangano (Gwembe): Madam Speaker, I beg to move that this House do adopt the Report of the Committee on National Security and Foreign Affairs on the Consideration of the Proposal to Ratify the Convention on the Prevention and Punishment of the Crime of Genocide for the Fourth Session of the Twelfth Session of the National Assembly laid on the Table of the House on 3^rd July, 2020.

 

Madam First Deputy Speaker: Is the Motion seconded?

 

Mr Ng’ambi (Chifubu): Madam Speaker, I beg to second the Motion. 

 

Ms Chisangano: Madam 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 No. 34 of 2016, the National Assembly is mandated to oversee the performance of the Executive functions by, among other things, approving 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 Convention on the Prevention and Punishment of the Crime of Genocide.

 

Madam Speaker, the convention was adopted by the United Nations (UN) General Assembly on 9^th December, 1948 and entered into force on 12^th January, 1951. The objective of the convention is to provide for the prevention and punishment of the crime of genocide whether committed in time of peace or in time of war. The convention seeks to ensure the culpability of individuals as well as states for the crime of genocide.

 

Madam Speaker, the convention has since been ratified by 149 states. However, Zambia has not yet ratified the convention. The International Court of Justice (ICJ) has repeatedly stated that the convention embodies binding norms that are considered to be part of the general customary international law. This means that whether states have ratified the genocide convention or not, they are all bound as a matter of law by the principle that genocide is a crime prohibited under international law.

 

Madam Speaker, the Committee noted that there is no law in Zambia which comprehensively addresses the prevention and punishment of the crime of genocide, and that the Refugees Act, 1917 in Section 2 refers broadly to conduct which incites genocide, but does not provide for appreciate punishment for perpetrators of genocide. Further, the Act does not adequately provide for preventive measures to the occurrence of genocide in Zambia. The Committee is, however, cognisant of the fact that the Zambian laws, including the Constitution and the Extradition Act Chapter 94 of the Laws of Zambia embody the spirit of preventing and punishing perpetrators of heinous crimes like genocide. However, the crime of genocide has not been expressly provided for in our laws. In this regard, the Committee recommends that the Government undertakes the necessary legislative reforms to give effect to the convention, including amendments to the Penal Code Chapter 87 of the Laws of Zambia and the Criminal Procedure Code Chapter 88 of the Laws of Zambia to allow for the punishment of the crime of genocide and all other acts which are punishable under Article 2 and 3 of the convention.

Madam Speaker, notwithstanding the observations cited, the Committee is satisfied that the convention has met the criteria set out in the Ratification of International Agreements Act, 2016 for determining whether or not the international agreement being presented for ratification is in the best interest of the nation. In view of the foregoing, the Committee urges the House to approve the proposal to ratify the convention without reservation.

 

Madam Speaker, I beg to move.

 

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

 

Mr Ng’ambi: Now, Madam Speaker.

 

Madam Speaker, in seconding this Motion –

 

Ms Kasune: On a point of order, Madam Speaker.

 

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

 

Ms Kasune: Madam Speaker, thank you for giving me this opportunity to rise on a very serious point of order. It has come to our concern as hon. Members of Parliament that when we had no cases of the Coronavirus Disease-2019 (COVID-19) at Parliament, the National Assembly abruptly closed. However, as you are already aware from your office, there have been nineteen cases of COVID-19 here at the National Assembly comprising ten members of staff, three hon. Members of Parliament –

 

Madam First Deputy Speaker: Order!

 

Hon. Member, let us just sort out the issue of the volume because you are barely audible. We will allow the hon. Member for Chifubu to proceed with seconding the Motion while this matter is being resolved.

 

Mr Ng’ambi: Madam Speaker, in seconding this Motion, which has been ably moved by the vice-chairperson of the Committee on National Security and Foreign Affairs, I want to highlight a few issues that relate to the crime of genocide.

 

Madam Speaker, the House may need to know that in 1948, the United Nations (UN) General Assembly resolved to adopt the Genocide Convention. Thereafter, there have been a number of crimes that have been committed across the world. In trying to bring the debate home, I want to state that Zambia still hosts many Rwandeses who suffered the effects of the crime of genocide. As you may be aware, Rwanda has been stable for over twenty years, but those who witnessed the effects of the crime of genocide are not ready to go back to their country to-date. This signifies the importance of Zambia ratifying this convention.

 

Madam Speaker, let me, at this point, highlight a few issues that are provided for under this convention. The jurisprudence of the International Court of Justice (ICJ) considers the prohibition of crimes of genocide as a norm of international law. Secondly, this principle underlies the importance that even if a country is not a state party, the orders that could be given by the ICJ could still be binding. In this regard, the Committee, therefore, calls for Zambia to ensure that it ratifies this important convention, as you are aware that the country signed up for this convention many years ago, but has been very slow to ratify it.

 

Madam Speaker, it is, therefore, extremely important that this House should strongly consider to adopt this report. Let me, at this point, in time also highlight some of the benefits that Zambia would derive from ratifying this convention.

 

Madam Speaker, one of the first things is that human rights protection in this country will be enhanced. Secondly, Zambia will be able to share experiences as well as be able to understand the trajectory regarding the crime of genocide. It is, therefore, my humble appeal to this honourable House that it considers ratifying this important convention. 

 

Madam Speaker, I thank you.

 

Mr Nkombo (Mazabuka Central): Madam Speaker, I want to thank the Committee for bringing this Motion. It could not have come at a better time than this, when our country has everything fertile in as far as we live today for a society to degenerate into this same issue of genocide. This is because genocide has a breeding ground. It does not happen just like that. It does have a breeding ground and this is discrimination.

 

Madam, as far back as 1948, there is a reason state parties decided to bring out this particular convention and also plug in spanners in the works to say that whether you ratify it or not, whether you domesticate it or not, every country is bound by the provisions of this convention if that act of genocide does happen in your home country.

 

Madam Speaker, we have learnt sufficient lessons from Rwanda, where genocide happened. The seconder actually indicated how grave the situation becomes for those who experience genocide. Discrimination based on race, tribe, religion or creed is an ingredient for genocide. When the wheels of society start being plucked out, as the case is in most African countries, you will be sure that there will be somebody not far from you who is going to answer to these heinous crimes of genocide. It starts like a joke such as discriminating based on how big your ears are or how loud you speak about critical things that the Government does.

 

Madam Speaker, when a government decides to be the culprit number one to promote genocide, it is difficult to reverse it. Once a society breaks down to a point where it cascades, you cannot lift it.  I hope you follow what I mean. It is like when the water from the Victoria Falls drops down that cliff. That is called cascading, and no science can bring it up. We have seen it in this country. Even as I am talking to you now, I want to let you know that two days ago, Patriotic Front (PF) cadres went into Soweto Market and started removing anybody whom they believed spoke Lozi or Tonga. This happened here, and it is not far from where I am speaking. That is a fact and nobody should argue with me.

 

Madam Speaker, this is how genocides begin. When the operating democratic space starts to shrink, the people then react. When they react, and you use the heavy-handedness of the law or arms of the law that exist, which are meant to protect people, to further subdue them, people decide to say chibe, chibe. Chibe chibe means ‘let it be’. Kuyakupenga balila, which means only those who will be mourning when I am gone are the ones who will suffer.

 

Madam Speaker, the Government is being urged to ratify this convention quickly because that is one of the things that define best practices. It has been ten years since the convention was signed, but the Government has not brought it here for ratification. Ratification is a five minutes job. The question that begs an answer is: What is holding us back? Is it because of the issues that come with it such as protecting people against human rights abuses, heavy-handedness or the using institutions of government to suppress people? Suppressed and oppressed people can only be suppressed for as long as the clock is ticking. There comes a time when the clock stops. Then you know that there is trouble in the neighbourhood.

 

Madam Speaker, this matter is very close to my heart. Therefore, I am urging Her Honour the Vice-President to bring that instrument here as quickly as yesterday, so that we can ratify it. When it is ratified, everyone will be reminded that it is important to respect their neighbour and go back to the old doctrine of love thy neighbour as you love yourself because you cannot do harm to somebody whom you love.

 

Madam Speaker, societies have degenerated as a result of the procrastination of the signing of simple documents that are well-meaning for society. The PF has been procrastinating. Let us bring it on. We need to get even with the best practices in the world.

 

Madam Speaker, they have to do what has to be done. My time is limited.

 

I thank you, Madam Speaker.

 

Mr Mbulakulima (Milenge): Madam Speaker, I want to thank you for this rare opportunity. I want to contribute by supporting the report of your Committee.  The Committee has highlighted that the objective of the convention is to define and provide for the prevention and punishment of genocide, whether committed in times of peace or war. This does tell you that genocide can only be committed during times of war as it can also be committed during times of peace.

 

   Madam Speaker, what is the origin of the term genocide? Previously, genocide was referred to as crimes against humanity. This concept started a long time ago and has to be fought with full force. Slavery, which occurred in the 18^th and 19^th centuries, has been termed as genocide. The colonisation of Africa and other parts of the world by colonialists was a crime against humanity. Genocide only took the limelight in the 1940s because of the systematic elimination of the Jewish people by the Nazi system. The alienation of Armenians by allied forces which included the United Kingdom, France, Russia and America was also termed a crime against humanity.

 

  Madam Speaker, closer to home, Leopard II of Belgium killed a lot of people in the Congo Free State which is near Zambia. That is how close it got. What is the meaning of genocide? It is a Greek word broken down as Genos which means race or tribe and cide which means killing. What does it do? It targets particular groups of people. Therefore, the basic element in this regard is race and tribe. You can imagine how useless it is that in modern times, people can still fight over tribe –

 

   Ms Kasune: On a point of order, Madam.

 

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

 

Ms Kasune: Madam Speaker, unfortunately, my point of order has been overtaken by events. I appreciate the opportunity.

 

Mr Mbulakulima: Madam Speaker, what is the lesson for Africa and Zambia, in particular? I came with a book, but I will not quote from it because if I do, I will be told to lay it on the Table. However, I just want to use it to make a particular illustration. Look at the volume of this book about Rwanda called Death, Despair and Defiance (holding up the book). Within 100 days, 800,000 people were killed because of tribal supremacy, political dominance, propaganda and so on and so forth.

 

Madam Speaker, you will be a different politician when you read this book. It talks about how neighbours betrayed neighbours, brothers betrayed brothers, sisters betrayed sisters and churches betrayed followers. When there is a war of this nature, no one is spared.

 

Madam Speaker, there is need for us Zambians to reflect on the happenings of the world. What are some of the sources of these conflicts? The sources of some of these conflicts are political spaces which some people want to fight for, social marginalisation, poverty levels and political intolerance. All these issues must be arrested and addressed. We cannot afford to have genocide. That is why I fully support the Motion on this country to ratify this important convention.

 

Madam Speaker, I am totally in support of the ratification of this convention.

 

Madam Speaker, I thank you.

 

Dr Imakando (Mongu Central): Madam Speaker, thank you for the opportunity to comment on this very important subject. Genocide, as we understand it, is the killing of a large group of people, perhaps, just based on ethnic grouping and tribe. Usually, the motivation of people who commit genocide is insecurity. They feel they will only be secure if they get rid of another grouping. Most cases of genocide –

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

 

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

 

Mr Lufuma: Madam Speaker, thank you very much for the opportunity to raise this very critical and urgent point of order which is of national interest.

 

Madam Speaker, as we are all aware, there are fifteen by-elections taking place in different parts of this country. These by-elections have not been caused by natural means, but induced by the Patriotic Front (PF) Government.

 

Hon. Government Members: Question!

 

Mr Lufuma: Madam Speaker, to add salt to injury, the same PF Government has allowed its cadres to go out and buy National Registration Cards (NRCs) and voters’ cards. They are exchanging these articles with money. This is happening right now in Kabompo where there are three by-elections taking place.

 

Hon. Opposition Members: Shame!

 

Mr Lufuma: Madam Speaker, according to the Constitution of Zambia and the laws that govern the Zambian electoral process, this is an offence. This being an offence, is the Electoral Commission of Zambia (ECZ) through Her Honour the Vice-President in order to keep quiet and allow the PF cadres to disenfranchise the electorate with impunity?  Is she in order not to stand up and denounce these activities and ensure that the people who are supposed to vote and are able to in this election and in 2021 without being deprived of their NRCs and voters’ cards?

 

Is Her Honour the Vice-President in order to keep quiet and not denounce this act by the PF cadres?

 

Madam First Deputy Speaker: As hon. Members are aware, by-elections are provided for under our Constitution.

 

Hon. Government Members: Hear, hear!

 

Madam First Deputy Speaker: Further, the management and conduct of those by-elections are also provided for under various pieces of legislation. If, indeed, there is any violation taking place anywhere in this country, concerning by-elections, hon. Members can use the appropriate avenues to have those violations addressed, including reporting them to the police. That is my ruling.

 

Hon. Government Members: Hear, hear!

 

Dr Imakando: Madam Speaker, before I was interrupted, I was saying that genocide is the killing of a large group of people basically based on tribe or ethnic reasons. This killing results into the disruption of life. Families are broken down, people scatter, economic activities come to an end and, basically, life and property are lost. Many scholars have described the 20^th Century as a century for genocide. Many genocide cases have taken place during this century showing that there is definitely something wrong that must be attended to.

 

Madam Speaker, back home, sometimes one wonders whether we are not planting seeds of genocide in the manner we are practicing our politics. When regions begin to feel neglected or discriminated against, people in those regions begin to wonder whether or not they are, indeed, part and parcel of a nation.

 

Madam Speaker, it is, therefore, important that as we practice our politics in this country, we are careful to make sure that tribalism and hate speech are not tolerated. The manner in which economic resources are shared should be in such a way that we all feel included.

 

Madam Speaker, it is necessary and important to build a meritocratic society where tribe and belonging to a particular group are not a qualification to get a job. We must have a society where merit is the way forward.

 

Hon. UPND Members: Hear, hear!

 

Dr Imakando: Madam Speaker, it is, therefore, important to ensure, as we look at this subject, that we do not allow seeds of genocide to be planted in our nation. We must ensure that there is inclusiveness in all our policies.

 

Madam Speaker, I stand to support your Committee’s report because it is necessary that Zambia, indeed, ratifies the convention.

 

I thank you, Madam Speaker.

 

Madam First Deputy Speaker: Order!

 

Hon. Members, let me make this announcement that we have little time to dispense with the business that we have before we can adjourn sine die. So, you will note that in dealing with the business on the Order Paper, I will not follow the list as it appears. I will take into account gender and political parties so that we can conclude the business that we have. This also includes the fact that I will be very slow to allow points of order because they just consume a lot of time.

 

I will now move on to the hon. Member for Keembe.

 

Ms Kasune (Keembe): Madam Speaker, I would like to thank you for giving me this opportunity to add the voice of the people of Keembe and, indeed, all Zambians at large.

 

Madam Speaker, in supporting the Motion on the Floor, I would like to state that it is critical that Zambia ratifies the Convention on the Prevention and Punishment of the Crime of Genocide.

 

Madam Speaker, it is critical to underscore that these crimes have happened in countries where the people never thought they could go through such situations. So, Zambia cannot be an exception. The former President of the United States of America (USA), Mr Barrack Obama, once said that Africa does not lack leaders. What it lacks are policies and laws that will protect ordinary people regardless of a good or a bad leader. The reason it is critical that this convention is ratified is to deter leaders or other individuals from committing crimes.

 

Madam Speaker, it is important to note that Zambia, as a country and the Government of the day in particular, has become so good at signing up to international agreements without ratifying them. In addition, it has come to us hon. Members of Parliament, and we even had a workshop on this –

 

Madam First Deputy Speaker: Order!

 

Business was suspended from 1507 hours until 1516 hours.  

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

Madam First Deputy Speaker: We shall come back to the hon. Member from Keembe. She had three minutes left.

 

Hon. Member for Serenje Parliamentary Constituency, please proceed.

 

Mr Kabanda (Serenje): Madam Speaker, I thank you very much for giving the people of Serenje an opportunity to debate this very important issue. The previous speakers have spoken adequately, especially Hon. Mbulakulima, when he said that the issues of genocide are normally generated by hate speech and discrimination along political and tribal lines. I think that this country, Zambia, is bigger than all of us.  The Zambians out there are looking up to us for unity. We need to unite the people in order to bring meaningful development to this country.

 

Madam Speaker, what has been happening in the recent years leaves much to be desired. We have issues of social media which have also exacerbated the problem by promoting twisted stories. They have been carrying stories which are not even verified or researched. Once these stories circulate everywhere, people believe that they are no longer safe in this country and that anything can happen to them.

 

Madam Speaker, we currently have a responsible Government. It is important that people have confidence in the people who have been given the responsibility by God to drive this country forward. Everyone has his own time. Mangos do not ripen at the same time. Each one must be given an opportunity to drive the process of development rather than the situation we are seeing now where people are pointing fingers at each other based on the tribes they belong to. I think this will not take us anywhere.

 

Madam Speaker, we have intermarriages in this country which have been the four corners of the unity of Zambia. We have Bembas who are married to Lozis. Tongas married to Bembas and vice versa. This is the way “One Zambia, One Nation” should be, other than politicising everything. The politics we have actually witnessed recently are of hatred. We do not want to see this being perpetrated. We have been a very united country for many years. We do not want to see what the former President Dr Kaunda put together be torn apart. We should actually be seen as a united country. Politicians should not split this country apart. We are few and the country is huge. Therefore, we must exercise a lot restraint in the manner in which we handle our affairs.

 

Madam Speaker, the issues which have been circulating recently are capable of bringing war between nations. These are lies that are being peddled by irresponsible citizens. You may think that you are trying to score political –

 

Madam First Deputy Speaker: Order! Hon. Member, withdraw the word ‘lies’.

 

Mr Kabanda: Madam Speaker, I withdraw the word ‘lies’ and replace it with ‘misleading information’. This can bring war between countries because you may try to think that –

 

Madam First Deputy Speaker: Order!

 

The hon. Member’s time expired.

 

Technical malfunction.

 

Mr Mwiimbu: On a point of order, Madam.

 

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

 

Mr Mwiimbu: Madam Speaker, we are one House even if we are in different rooms. If the other hon. Members are not able to participate in the debate, it follows that the whole House is dysfunctional. We cannot proceed if our colleagues in the other rooms are not able to hear us. We are one House. It is just by arrangement that other hon. Members are sitting in the other rooms. We cannot proceed until everything is resolved.

 

Madam First Deputy Speaker: The point is noted and as you noticed I was trying to give an opportunity to the information and communication technology (ICT) personnel to assist us. In view of what you have said, I agree that we are indeed one House. We will hold the proceedings for five minutes to allow our colleagues from the ICT to sort out the problem.

 

Business was suspended from 1510 hours until 1529 hours. 

 

 

[MADAM FIRST DEPUTY SPEAKER in the Chair]

 

 

The Minister for Northern Province (Mr Bwalya): Madam Speaker, I thank you for giving me the opportunity to contribute to the Motion on the Floor of the House. The report of the Committee raises a lot of important issues –

 

Madam First Deputy Speaker: Order. Do we still have a problem with the picture? You may proceed with your debate.

 

Mr Bwalya: Madam Speaker, the report raises a lot issues which require a lot of sober mindedness. It is always important that we recognise as a country that when we talk about issues to do with genocide it is a very sad state of affairs. I had an opportunity to visit the genocide areas in Kigali, Rwanda where people lost their lives. Therefore, as a country we need to be sober minded when we talking about tribal issues. We need not to irrationalise issues. We need to tell the people that we need to unite as a country.

 

Madam Speaker, it was worrying when I heard the hon. Member for Mazabuka Central Parliamentary Constituency bringing in tribal issues in his debate when he said that such and such a tribe was chased from such and such a place. It is that kind of talk on the Floor of the House that may not go very well in the minds of our people. There are channels in this country that are enshrined in various pieces of the laws. When such a thing happens, you do not need to wait for the Floor of the House in order for you to raise such issues because it is a concern of this Government to ensure that everybody is treated equally. That is the more reason we have no issue to bring this particular treaty here for ratification. It is because of that particular issue that your Committee was allowed to deal with discussions about the treaty in this fashion so that it can bring to the attention of the Executive what needs to be rectified.

 

Madam Speaker, the issue of not leaving anyone behind that we have embarked on as a country and as a Government is very important. Therefore, in as much as resources may not be spread at the same time, certain areas of this country need to know that we are doing the best we can, given the resource envelope, and the issues that have befallen this country in terms of natural calamities. The people of Zambia are aware of this. Therefore, it is important for us as leaders not to advance tribalism in any way. Even when we speak, let us show that we not speaking out of vengeance or bitterness, but as people who want to unite this particular nation in terms of “One Zambia, One Nation”.

 

Madam Speaker, genocide can never be allowed anywhere. Starting from the Kaunda days, institutions have been created as a result of the good governance that has obtained in this country over the years. We need to respect that.  It is not only that. We also need to respect those that are in leadership. In this country, leadership seems not to be respected anymore. Article 91 (1) of the Constitution of Zambia, as amended, states that;

 

“There shall be a President of the Republic who shall be the Head of State and   

   Government and Commander-in-Chief of the Defence Force.’’  

 

Madam Speaker, what happened in Monze is a very serious. Anybody who is seen to hinder the functioning of the presidency is subject of a crime, as enshrined in the Penal Code. So, we need to know as a country and as leaders that when something bad happens, we should all condemn it.

 

Madam Speaker, today, a number of cheques were issued by this Government to youths from different parts of the country. That is from Southern Province, North-Western Province and the Copperbelt Province. That shows how His Excellency, Dr Edgar Chagwa Lungu, wants to carry everyone along and ensure that we unite, so that there is no place for genocide in Zambia.

 

I thank you, Madam Speaker.

 

The Minister of Defence (Mr Chama): Madam Speaker, thank you for giving me an opportunity to respond and also commend the chairperson of the Committee for the able manner in which he presented the report and the seconder, on the Approval of the Proposal to Ratify the Convention on the Prevention and Punishment of the Crime of Genocide, hereinafter in called “the Genocide Convention.”

 

Madam Speaker, let me also thank the hon. Members who debated. However, before I proceed, I wish to state that some of the debates leave much to be desired, especially the debate that was put on the Floor of the House by the hon. Member for Mazabuka Central Parliamentary Constituency. It is very unfortunate that such sentiments can be issued on the Floor of the House when people are watching us as leaders making allegations to the effect that Zambia is a fertile ground for genocide. Zambia is a Christian nation, and such things will never happen in the Republic of Zambia.

 

Madam Speaker, very sad allegations were made to the effect that Lozis and other tribes are being chased from Soweto Market, which is not true and very unfortunate. Let us not make statements that cannot be verified. Whether someone is picking those statements from social media or wherever, as a leader or if you aspire to lead this country at any given time, such statements should never ever come you.

 

Hon. Government leaders: Hear, hear!

 

Mr Chama: Madam Speaker, such statements are fertile grounds for the so called genocide. We refuse to accept such statements. Zambia is a united country. We will stand together as “One Zambia, One Nation”, with love and no one shall ever divide us on tribal lines.

 

Hon. Government leaders: Hear, hear!

 

Mr Chama: Madam Speaker, the Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations (UN) General Assembly on the 9^th December, 1948, as General Assembly Resolution 260. The convention entered into force on the 12^th January, 1951. The convention on genocide was among the first UN conventions addressing humanitarian issues and all participating countries are advised to prevent and punish actions of genocide in war and in peace times.

 

Madam Speaker, as of today, 149 States have ratified or acceded to the Genocide Convention. Of the ninety-three UN Member States, forty-five have not ratified the convention, including Zambia. The International Court of Justice (ICJ) has repeatedly stated that the convention embodies principles that are part of the general customary international law. This means that whether or not, states have ratified the Genocide Convention, they are all bound as a matter of law by the principle that genocide is a crime prohibited under international law.

 

Madam Speaker, it is necessary to ratify the Genocide Convention in order to comply with the state obligations to ensure regional and international co-operation against genocide. Zambian has not yet ratified the Convention on the Prevention and Punishment of the Crime of Genocide. It is an international requirement and obligation for Zambia to ratify this convention so as to comply with international best practices in the fight against genocide.

 

Madam Speaker, probably, it becomes even more necessary now, because at the rate at which some leaders are moving and statement being issued, it is important for this country to ratify the convention so that people imagining that genocide will ever happen in this country can be brought to book.

 

Madam Speaker, the ratification of the Genocide Convention will enhance international cooperation between member states in devising and adopting effective and practical measures for the prevention of such acts of genocide and for the prosecution and punishment of the perpetrators. Further, the ratification of the Genocide Convention is not only a symbol of international unity, but also demonstrates commitment to the fundamental principles expressed in the United Nations Charter.

 

Madam Speaker, I wish to not only thank you for this opportunity, but want to also reiterate that Zambia  will continue to remain “One Zambia, One Nation”, which is a united country and those who wish or imagine that this country will ever be divided because of their tribal inclinations, God forbid, it will never happen.

 

I thank you, Madam Speaker.

 

Ms Chisangano: Madam Speaker, I would like to thank the Committee, which worked professionally with the witnesses to come up with this report. I would also wish to thank the seconder of this Motion, who among other things highlighted the importance of this convention that has taken too long to be ratified. I would like to thank all the hon. Members who debated this Motion. From them, we heard issues that they brought out such the ingredients of genocide while others defined genocide and what might trigger genocide in any country.  Somebody also reminded us of where the genocide took place and the effects it had within the country and neighbouring countries. Lastly, I thank the two hon. Ministers for their input on this Motion.

 

I thank you, Madam Speaker.

 

Question put and agreed to.

 

REPORT OF THE COMMITTEE ON DELEGATED LEGISLATION

 

Mr A. B. Malama (Nchelenge): Madam Speaker, I beg to move that this House do adopt the Report of the Committee on Delegated Legislation for the Fourth Session of the Twelfth National Assembly laid on the Table of the House on 19^th June, 2020.

 

Madam First Deputy Speaker: Is the Motion seconded?

 

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

 

Mr A. B. Malama: Madam Speaker, during the year under review, the Committee considered a total of seventy-three Statutory Instruments (SIs) drawn from different Government ministries and agencies.

 

Madam Speaker, I would like to draw the attention of the House to the SI No. 63 of 2019, the National Health Insurance (General) Regulations, 2019. This SI was issued so as to prescribe regulations for the implementation of the National Health Insurance Scheme, which is established under the National Health Insurance Act, 2018.

 

Madam Speaker, the House may recall that the National Assembly enacted the said Act in line with the Government policy to attain universal health coverage for all, especially the poor and vulnerable in society. The regulations are, therefore, meant to smoothen the management and implementation of the scheme by the Government, through the National Health Insurance Management Authority.

 

Madam Speaker, if it were not for the Coronavirus Disease-2019 (COVID-19) Pandemic, which has disrupted some of the usual Committee programming, the Committee would have held meetings and public hearings meant to assess the roll-out of the National Health Insurance Scheme and how it is impacting citizens in relation to the universal health care provision.

 

Madam Speaker, the Committee is alive to the fact that the scheme is a relatively new health insurance system in Zambia. In this regard, the Committee urges the Government to ensure that the regulations contained in the SI are widely disseminated so that as many Zambians as possible, are made aware of the scheme so as to derive maximum benefit from it as intended by the Government.

 

Madam Speaker, under the Ministry of Tourism and Arts, the Committee considered ten SIs that will designate certain places and resources of historic importance as national monuments. Some of the places such as the Longola Hot Spring in Itezhi-tezhi, the Chinyunyu Hot Spring in Chongwe and Chipota Falls in Serenje have great tourism potential that can raise revenue for the country. The Committee, therefore, welcomes these SIs and urges the Ministry of Tourism and Arts to ensure that these places are marketed both locally and abroad to attract tourist visits.

 

Madam Speaker, as I conclude, I wish to state that all of the SIs that were considered by the Committee were noted to have been issued in accordance with enabling legislation. The Committee urges the issuing ministries and agencies to ensure that the regulations contained in some of the SIs are implemented efficiently and fairly so that their intended objectives are not neglected, but give benefits to the targeted audience.

 

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

 

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

 

Ms Kasanda: Now, Madam Speaker.

 

Madam Speaker, thank you for allowing me to second this very important Motion that has been ably moved by the Chairperson of the Committee on Delegated Legislation.

 

Madam Speaker, in seconding the Motion, I only have one point to put across that relates to the Statutory Instrument (SI), 2019, the Citizens’ Economic Empowerment Reservation Scheme Regulations, 2019. This instrument was issued so that it could reserve the provision of commercial cleaning services for Zambian citizens. I would like to repeat myself that the provision of commercial cleaning services is supposed to be for Zambians only.

 

Madam Speaker, this House may recall that in 2017, the Government issued a similar SI meant to reserve the selling of poultry products to local markets in Zambia. Examples of these products are the chickens and eggs being sold at the City Market, which are meant solely to be sold by Zambians. As a Committee, we feel that it is important that these regulations are followed so that the intended benefits for the intended beneficiaries are realised. That can only be done if the information is taken to the people because we have noted that most of them do not get this information. Therefore, the regulations do not benefit them. This can also be done by the Committee having public hearings to make sure that all stakeholders are aware of issues pertaining to this SI. Therefore, we request the Ministry of Commerce, Trade and Industry to take this information to the people of Zambia so that they can benefit from it.

 

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

 

Mr Mwiimbu (Monze Central): Madam Speaker, I applaud the mover for ably moving this important Motion that is under consideration, and the seconder.

 

Madam Speaker, as I interrogate the Motion on the Floor of the House, I would like to bring out two specific issues. I have taken note of the issuance of a Statutory Instrument (SI) that will designate certain areas as heritage sites with a view to enhance tourism in this country. However, this is not the first time that the Government has made this gesture of issuing a SI to designate certain areas as tourist sites. Unfortunately, there has never been a follow-up on the part of the authority issuing these SIs to ensure that the intention is actualised. I have in mind a number of designated heritage sites that are dotted throughout the Republic of Zambia. Most of those sites are not accessible. Further, there is no maintenance that is being done at those sites.

 

Madam Speaker, it does not augur well for us to advertise to the international community and tourists, and the locals that there are sites that require to be visited when they are not accessible. I have in mind a very important heritage site situated in Monze called Fort Monze. This site at one time was visited by hordes of tourists and it used to generate a lot of income for the country. Unfortunately the situation as it is, is that no tourist can access this site. What is it that we are benefitting from designating these sites as tourist areas when we cannot visit them? I have no doubt in my mind that there are so many other sites that we have designated, but they are not reachable. We must be seen to be making these sites accessible so that local and international tourists can visit them, especially during this period when we have been afflicted by the pandemic, and sources of revenue are dwindling. So, we must encourage tourists to visit these sites by making them accessible.

 

Madam Speaker, the second issue I would like to raise concerns the SI No. 33 that was issued by the hon. Minister of Finance. The hon. Minister of Finance indicated that it was illegal to quote and pay in foreign currency in this country. Unfortunately this SI, important as it is, is not being implemented and followed. Yesterday, I alluded to the problems that people face, where rentals and other services at most shopping malls and other commercial premises are quoted in dollars. Due to the unstable state of our currency, the traders at shopping malls and other places are not able to budget. This is because every month or week, the Kwacha falls and once it falls, it affects the businesses of those Zambians who trade in these areas.

 

Madam Speaker, I call upon the hon. Minister of Finance to ensure that this SI, which is very important and was raised with noble intentions, is actualised for the good of everybody. I also urge the hon. Minister to ensure that when they are tendering for goods and services, they follow the law they introduced and enacted. We have noted with concern that the Government itself is in the forefront of flouting this regulation. Whenever one opens a newspaper, he/she will find that the quotations or tenders being floated by the Government are in US Dollars, which is against the law it enacted. This law was enacted with good intentions. Therefore, I call upon the hon. Minister to ensure that the law is actualised and the SI is implemented for the good of the economy.

 

I thank you, Madam Speaker.

 

The Minister of Justice (Mr Lubinda): Madam Speaker, let me start by commending your Committee for a job very well done.

 

Madam Speaker, this Committee has a very clear mandate, and its role is to check whether Government agencies that are bestowed the authority to come up with subsidiary legislation do so in accordance with the law. At page 1 of the report, the functions of the Committee are highlighted. It is not the duty of this Committee to go into whether the laws that have been passed as Statutory Instruments (SIs) are implemented or not. That is the responsibility of Portfolio Committees. So, I find it very interesting when people use this report to discuss matters to deal with how efficaciously SIs are being enforced because that is outside the remit of this Committee.

 

Madam Speaker, I am very delighted to note that the Committee in its conclusion said as follows:

 

“During the period under review, the Committee considered a total of seventy-three Statutory Instruments issued by various Government ministries and agencies and is satisfied that the Statutory Instruments were issued in accordance with the enabling legislation.”

 

For that, I would like to say, well done to my colleagues, the hon. Ministers who are passing these SIs. They are living in accordance with the provisions of the law.

 

Madam Speaker, before I sit, and because I have been prompted by those who have been talking about how efficiently we are implementing these SIs, I would like to just point out one issue that was raised by the hon. Member of Parliament for Monze Central Parliamentary . He has raised it before and has again raised it today. Yesterday, he raised the issue when we debated the Report of the Committee on Local Governance, Housing and Chiefs’ Affairs and today, he has raised it again as we consider the Report of the Committee of Delegated Legislation, which shows that he attaches a lot of importance to this matter which is the SI No.33.

 

Madam Speaker, the SI No.33 was passed by Minister Alexander Chikwanda in 2012 to stop dollarising the economy. Today, in 2020, the hon. Leader of the Opposition and senior member of the United Party for National Development (UPND) was saying that we are not implementing this SI and should stop dollarising the economy because this is affecting the Zambians and the poor people. They are saying that the rentals based on the exchange rate between the US Dollar and the Kwacha. We must make sure that we get rid of dollarisation so that people quote their rent in Kwacha. This is exactly what this Government proposed eight years ago and, yesterday, I indicated that I was one of those who went round the country campaigning in favour of the SI No. 33. I have the privilege of referring to Lusaka Times, dated 10^th July, 2012, where there was a response to the SI No. 33 and –

 

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

 

 Madam First Deputy Speaker: Order!

 

Hon. Leader of the Opposition, you must use the gadget so that those that are outside also note that you are indicating.

 

Mr Lubinda: Madam Speaker, –

 

Madam First Deputy Speaker: Hon. Minister, we are still polishing up the issues of procedure regarding the use of social media information, as you are aware. Hon. Minister you can refer generally – I think you have enough information.

 

Mr Lubinda: Madam Speaker, I have enough information and that is what I want to refer to. I wonder why I should just sit here when my Government is being criticised. When I want to respond in defence of my Government, there are unnecessary points of order being raised.

 

Madam First Deputy Speaker: Order!

 

Hon. Minister, I am guiding.

 

Mr Lubinda: Madam Speaker, may I continue? I want to illustrate what I said yesterday concerning SI No. 33 that has been referred to by the Leader of the Opposition. Yesterday, the Leader of the Opposition made himself a champion of the campaign for SI No. 33. Again today, he reiterated his stance. I want to indicate what I said yesterday. When we come to this House, as leaders, we must be sincere. We must be consistent.

 

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

 

Mr Lubinda: It is not allowed for us to raise matters inconsistently.

 

Interruptions

 

Madam First Deputy Speaker: Order, hon. Minister!

 

Mr Lubinda: Madam, I would like to show that there is inconsistency.

 

Madam First Deputy Speaker: Order!

 

Hon. Minister, resume your seat.

 

Mr Lubinda: I can do it. I want to show that they are inconsistent.

 

Mr Mwiimbu interjected.

 

Madam First Deputy Speaker: Order!

 

Resume your seat, hon. Leader of the Opposition.

 

Mr Lubinda: I want to show that you are inconsistent.

 

Mr Mwiimbu: No way.

 

Madam First Deputy Speaker: Order, hon. Minister!

 

Both of you gentlemen, resume your seats.

 

Mr Lubinda: He is allowed to speak and I cannot.

 

Madam First Deputy Speaker: Firstly, we must always uphold order in the House. Both of you are senior hon. Members of this House. Hon. Leader of the Opposition, you cannot just stand up and start speaking. You cannot address the hon. Minister in that manner. You know the procedure.

 

Mr Mwiimbu interjected.

 

Madam First Deputy Speaker: You raised an issue, and I guided the hon. Minister. What the hon. Minister is trying to do is to respond to the issue you raised yesterday and today concerning Statutory Instrument (SI) No. 33. That is what he is trying to do. Allow him to do that, and if he does not follow procedure or violets the rules of the House, I will be able to guide the hon. Minister. However, we, certainly, cannot allow that kind of conduct in the House, especially not from senior hon. Members of this House.

 

Hon. Minister, please proceed with your response without attacking anyone personally.

 

Mr Lubinda: Madam Speaker, I am well guided and I will not refer to any particular individual. However, I want to say as we debate matters of national importance, we must debate consistently and with sincerity. The issue of SI No. 33, which was raised by the former hon. Minister of Finance, Mr. Chikwanda in 2012, had the intention of stopping the quoting of prices in US Dollars in Zambia. I was amongst those who painstakingly went around the country to campaign for the people of Zambia to accept that the SI must be enforced so that nobody quoted rent or prices in dollars. A leader of the leading opposition political party on 20^th July, 2012 was quoted by Lusaka Times as follows:

 

Madam First Deputy Speaker: Order, hon. Minister!

 

I just guided that as Parliament, we are still dealing with issues regarding which sources can be quoted from such as the one you are referring to on the Floor of the House. That is why I guided earlier that you have enough experience and I am sure you have information at your fingertips to make reference without necessary quoting the Lusaka Times as you are doing.

 

Mr Lubinda: Madam Speaker, I thank you. Many discerning Zambians will remember that in 2012, the United Party for National Development (UPND) went round the country and caused the publication of articles in various media houses opposing SI 33. The UPND President even called the SI illegal. He said: “We ought to allow that people to trade in whatever currency they chose to, kwacha or dollar”.

 

 Madam Speaker, is it not, therefore, inconsistent, that the same political party must come to Parliament, eight years after to come and say please stop dollarising? Is this not the similar inconstancy with which we were treated in 2016 when we went around campaigning for the Referendum and they said no to it? Eight years later, they are saying that they want the enhanced Bill of Rights. This is the inconsistence that I am talking about. Yesterday, Mr Speaker guided. The report that was on the Floor was an Act to do with local governance purely to increase the jurisdiction of magistrates. We were treated to fantastic talk about how nice it would be for us to take away dollarisation  from Zambia and how the people at Manda Hill are paying high rent because of being charged in dollars. Today again, we have a very innocent report on delegated legislation, which was checking whether SIs were produced in accordance with the law, and somebody stands up and talks about the dollar. This is what has attracted this Minister to also talk about the dollar so as to indicate that as leaders we ought to be consistent. We cannot be chilingalinga, that today you are blue tomorrow you are red and then tomorrow you are green.

 

Madam First Deputy Speaker: Hon. Minister, what does that mean?

 

Mr Lubinda: Madam Speaker, Chilingalinga is like a chameleon which changes colours everyday to suit the environment. That is not allowed. Yesterday, the same people were saying: “We want dollars in Zambia.” Today, they are saying that they do not want dollarisation. It shows that,–

 

Interruption

 

Mr Lubinda: Very good! That is the why they lose. The Zambia people know that they are very inconsistent and untrustworthy.

 

I thank you, Madam Speaker.

 

Hon. PF Members: Hear, hear!

 

Mr A. B. Malama (Nchelenge): Madam Speaker, I am grateful. Firstly, let me thank the hon. Member for Monze Central for his observation and, indeed, thank the hon. Minister of Justice for the intervention regarding your Committee’s report.

 

Madam Speaker, lastly, I would like to thank you and the Office of the Clerk for effectively giving us space as a Committee to operate effectively.

 

I thank you, Madam Speaker.

 

Question put and agreed to.

 

REPORT OF THE COMMITTEE ON LOCAL GOVERNMENT ACCOUNTS

 

Mr Muchima (Ikeleng’i): Madam Speaker, I beg to move that this House do adopt the Report of the Committee on Local Government Accounts on Revenue Mobilisation and Utilisation in Local Authorities for the Fourth Session of the Twelfth National Assembly laid on the Table of the House on 19^th June, 2020. 

 

Madam First Deputy Speaker: Is the Motion seconded?

 

Mr Zimba (Chasefu): Madam Speaker, I beg to second the Motion.

 

Mr Muchima: Madam Speaker, the Committee’s report is in two parts. I will briefly give highlights on part one considering that the hon. Members already have the full report. Thus, the hon. Members must have acquainted themselves with the observations and recommendations of the Committee.

 

Madam Speaker, one of the key issues that the Committee noted during its analysis of the submissions was the matter concerning Personal Levy. The Committee noted with concern that Section 3 of the Personal Levy Act Chapter 329 provides for the imposition, assessment and collection of annual Personal Levy at the rate of 1 per cent from adult persons who earn an income in the area of a local authority. The maximum levy payable per year does not exceed K15 per person per annum.

 

Madam Speaker, with labour mobility, local authorities are often caught up with unupdated levy assessment records resulting in failure to collect the full amounts as planned by the councils. This august House will no doubt agree that the imposed 1 per cent or K15 on the annual income is not only outdated, but also insignificant compared to the revenue needs of the local authorities. Clearly, the 1 per cent is uneconomical and cannot support service provision by local authorities. Given the foregoing, the Committee strongly recommends that Section 3 of the Personal Levy Act be amended to increase the 1 per cent to an economic rate that will be able to support service provision, while Section 4 should be amended so as to exempt pension income from the levy.

 

Madam Speaker, another matter of great concern that the Committee dealt with is with regard to Article 147(2) of the Constitution as amended by Act No. 2 of 2016. The local authorities have been given the mandate to collect various levies by the Republican Constitution, but other pieces of legislation have also given similar mandates to other institutions, which work independently of local authorities. Some of these include the following: 

 

1. the Road Development Agency (RDA), which has power under the Road Development Agency Act of 2002 to collect billboard fees;
2. the Road Transport and Safety Agency (RTSA) is empowered under the Road Transport and Safety Agency Act to collect motor vehicle licence fees;
3. the National Road Fund Agency (NRFA) is empowered under the National Road Fund Agency Act to collect toll gate charges; and
4. the Business Regulatory Review Agency (BRRA) has authority under the Business Regulatory Review Agency Act to collect various levies.

 

Madam Speaker, there is no clause in the Republican Constitution to compel Government institutions like the NRFA, RTSA, ZESCO Limited and RDA to surrender these functions to local authorities. In addition, there are no legal arrangements in place to compel these institutions to share the revenue with the respective local authorities in whose jurisdiction the respective revenues are collected. The Committee strongly recommends that the Government must intervene and institute the necessary measures to compel these institutions to share the revenue collected with local authorities. This will help to cement the sustainability of the local authorities and enhance their capacity to provide the necessary services in their jurisdictions, unlike the current situation. It is the Committee’s hope that this matter will be dealt with expeditiously, especially that the country is aspiring to implement fiscal decentralisation.

 

Madam Speaker, on behalf of the hon. Members of the Committee, I wish to express my gratitude to you and the Clerk of the National Assembly for the guidance that you rendered to the Committee.

 

Madam Speaker, I thank you.

 

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

 

Mr Zimba: Now, Madam.

 

Madam Speaker, thank you for giving me an opportunity to second the Motion to adopt the Report of the Committee on Local Government Accounts on Revenue Mobilisation and Utilisation in Local Authorities for the Fourth Session of the Twelfth National Assembly. In seconding the Motion, I want to comment on the Action-Taken Report.

 

Madam Speaker, first of all, I want to thank the Vice-President for the positive action taken on some of the recommendations that your Committee made on its previous topic which was the utilisation of the Constituency Development Fund (CDF) and the Local Government Equalisation Fund in Zambia. However, we still have some recommendations that we feel are very important in the previous report, but were not attended to. One of them is the failure by the Government to develop regulations to guide the utilisation of the Local Government Equalisation Fund. The other one is the failure by local authorities to correctly interpret the utilisation of the 20 per cent allocation of the Local Government Equalisation Fund meant for capital projects and, most importantly, the inadequate allocation of the CDF.

 

Madam Speaker, most hon. Members of Parliament would agree with me that the CDF has not been released accordingly as interpreted in the CDF guidelines. The CDF was a project that was initiated by the Zambian Government, but the eastern part of Africa, Kenya in particular, learnt from Zambia and improved upon the CDF model. It will be good for Zambia to also learn from what the Kenyans have done. Hon. Members of Parliament will agree with me that the Kenyan Government has put a percentage in place for the CDF. We urge the Ministry of Finance and line ministries to consider allocating a percentage of the National Budget towards the CDF.

 

Madam Speaker, I also want to say to the hon. Minister of Finance that we cannot have a system of one size fits all. We should not give the same amount of the CDF across all constituencies. I urge the Ministry of Finance and line ministries to consider geographical size, development status and population size in the implementation of the CDF.

 

Madam Speaker, the CDF is the only fund that allows local authorities, especially in rural areas, to have an opportunity to develop their areas. So, we urge the Ministry of Finance to seriously consider the proposals of the Committee.

 

Madam Speaker, I further wish to urge Her Honour the Vice-President, as the Leader of Government Business in this august House, to impress upon ministries to take on board recommendations of Parliamentary Committees rendered to the Executive as these are made in good faith and for the benefit of the wider Zambian public.

 

Madam Speaker, in conclusion, allow me to join the mover of the Motion and the Committee in thanking you for according us the opportunity to serve on this important Committee. I also wish to thank hon. Members of your Committee for affording me this opportunity to second the Motion.

 

Madam Speaker, I thank you.

 

Mr Mwiimbu: Madam Speaker, I would like to appreciate the mover and seconder for ably moving this Motion which is important for the good management of local authorities in this country.

 

Madam Speaker, when the hon. Minister of Justice was debating, he indicated that the United Party for National Development (UPND) is like chilingalinga. He interpreted the word according to what he said and I have noted –

 

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

 

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

 

Mr Lubinda: Madam Speaker, we have a report on the Floor of the House. Is the hon. Leader of the Opposition, who is also hon. Member of Parliament for Monze Central Parliamentary Constituency, in order to leave the debate on the report that is on the Floor and debate a matter which we have already resolved? Is this the new practice because of the Coronavirus Disease 2019 (COVID-19)?

 

Laughter

 

Mr Lubinda: I seek your very serious ruling because, if this is allowed, it means that debates will not be conclusive.

 

Madam First Deputy Speaker: My serious ruling is that the hon. Leader of the Opposition was just beginning and we have not allowed him to develop the debate. Let us allow him to proceed so that we see whether he is bringing back a matter that has been resolved or not. Proceed, hon. Member for Monze Central.

 

Mr Mwiimbu: Thank you for your protection, Madam Speaker.

 

Madam Speaker, having noted what the hon. Minister said earlier, I want to say that the Patriotic Front (PF) is a chihunye. This is an insect that eats itself when it has no food. I will demonstrate why the PF Government is chihunye. It eats itself up after it gets fed up of whatever it had.

 

Madam Speaker, chihunye, the PF, is forgetting that it has provided a law in the Constitution through which local authorities should make money. However, because it is hungry for money, it has started eating what is supposed to go to local authorities. That is why it is chihunye.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mwiimbu: Madam Chairperson, the Constitution is very clear. Tolling is supposed to be undertaken by local authorities. The provision of electricity is also supposed to be undertaken by local authorities. However, because of bu Chihunye, it has decided to eat itself by providing contradictory laws to those in the Constitution. Further, because it is chihunye, it is forgetting that if companies and businesses fail to operate in these shopping centres, local authorities will have no way of collecting Personal Levy because workers would have been laid-off.

 

Madam Speaker, because the PF is chihunye, it is not taking into account that by failing to provide roads to heritage sites, local authorities will not be able to collect revenue to enable them to improve their service delivery. Additionally, because it is chihunye, it is failing to provide money for the Constituency Development Fund (CDF) to ensure that local authorities devolve.  It is forgetting that there is an equalisation fund which is supposed to be managed properly because it is chihunye.

 

Madam Speaker, these chihunyes have made this country what it is now. The people of Zambia have realised that some functions cannot devolve if you have chihunyes managing the affairs of this country at the top. Since they are chihunyes, the people of Zambia will make sure, in 2021, that this insect is killed and does not continue eating itself.

 

I thank you, Madam Speaker.

 

Hon. Opposition Members: Hear, hear!

 

Mr Mbangweta (Nkeyema): Madam Speaker, I would like to thank the mover and seconder of this Motion and also thank you for the opportunity given to me to speak.

 

Madam Speaker, the reason we continue criticising our colleagues and trying to guide them is because of the way they look at issues. The Constituency Development Fund (CDF) is supposed to bring relief to the general populace of this country and it is also constitutional. We also have elections and by-elections as constitutional matters. However, of the two, which one would a responsible Government put emphasis on? Would it not be on the activities which add value to the Zambian people who pay taxes? What have we seen instead? How can we have fifteen by-elections in a country, which is bankrupt and all those by-elections are instigated? On the other hand, they are failing pay the CDF. In the meantime, they come here and say that they are from a hard working Government.

 

Madam First Deputy Speaker: Order!

 

Hon. Member, take your seat. Let me guide. The report is very clear. It tackled revenue mobilisation and utilisation in local authorities. Therefore, in debating this Motion, I would like hon. Members to restrict yourselves to these two issues, mobilisation and utilisation of revenue in local authorities as well as, of course, recommendations by the Committee. Let us not shoot in all directions because this is now becoming a cross-country debate.

 

You may proceed hon. Member for Nkeyema bearing that guidance in mind.

 

 Mr Mbangweta: Yes, mama, I will take that into account. I was doing that because the seconder touched the CDF and the Equilisation Fund, where again, the Government had failed to develop guidelines.

 

Madam Speaker, let me now come to the Personal Levy. There are officers in Government ministries and also at the local authorities. Why should it take your Committee to recommend to them that they ought to increase Personal Levy, which has not been increased for a long time? What do the officers do in their offices? On the other hand, the local authorities are concerned that they are incapable of paying their workers when they have the avenues which did not stop them from increasing the Personal Levy. This is the point which I was trying to raise earlier. It is connected to the way we live in this country. On one hand, they are failing to pay, yet nobody is stopping them from doing what they are supposed to do. It is their duty to do that.

 

Madam Speaker, it would have been different if they had made proposals and maybe, those proposals were rejected by Parliament then there would be a basis. So, they cannot complain of lack of money, when they have the capacity to raise money, but they are doing nothing about it.

 

Madam Speaker, in a similar vein, this Government, through the Constitution, has empowered local authorities to be in a position to raise funds.  However, at the same time, they have arm strung their hands behind their backs by introducing other legislation which allows, as indicated by the mover of the Motion, institutions such as the Road Development Agency (RDA) to collect revenue from billboards. While the same Government is allowing them to do that, institutions which are supposed to receive such money do not receive it and are not even given a share of the same money. How then, are they supposed to raise funds? How can such institutions be supported and who is supposed to assist them?

Madam Speaker, it is the same thing happening at the National Road Fund Agency (NRFA).              The toll-gates are in areas where these local authorities are, but they do not get a cent from the funds which are raised. However, the two institutions are within the same system and same framework and this why we are asking that, in terms of priorities, which institution is going to determine them? Who is supposed to be leading and saying we must do this as opposed to the other because that is where everything else hangs. At end of the year, what do the people at the ministry, various local authorities, and in the Executive do to facilitate this process? On the contrary I think in terms of capacity to pay, the local authorities now are now in a much worse position than the way they were in the last five years and the situation is getting bad. Who is going to redress it, if not the Central Government?

 

I thank you, Madam Speaker.

 

Mr Samakayi (Mwinilunga): Madam Speaker, I thank you very much. First of all I want to say that the basis for revenue assignment to local authorities is based on the expenditure assignments because that is where the resources should be utilised. What we have seen in this country is that there is an imbalance between the expenditure and the revenue assignments that have been given to local authorities.

 

Madam Speaker, we continue hitting our heads regarding the poor performance of local government in terms of revenue mobilisation and also service provision and yet we know the answer. The answer is that we have not given adequate resources to local authorities for them to provide services to our people.

 

Madam Speaker, we may categorise councils in three area. We have cities which have basically a reasonable revenue base. We also have municipal councils. However, if we are talking about township councils which are supposed to be rural councils, they have no revenue base worth talking about. The only thing they have is, perhaps, a market levy which again is being politicised because there are cadres collecting such levies from the same source. There are no rates to talk about in township councils because most of the plots are not surveyed. You cannot get rates from properties that are not surveyed.

 

Madam Speaker, there were issues with the grain levy, which become political and Government just withdraw it. These are sources of revenue where councils like Petauke and Chipata, which are into agriculture would be able to raise revenue from. However, they were stopped such that they do not get anything from there. Basically we are talking about a dwindled revenue base for the local government system. As I speak today, Personal Levy has been the same figure for over twenty years. Very little money is being collected from there and I do not know why the Ministry of Finance has allowed it to continue. It should just abolish it and find another way of financing the local government system because it is not making sense at all.

 

Madam Speaker, I heard the chairperson talk about motor vehicle licences. This was another revenue source which could be given to local authorities. However, there is the multiplicity of efforts by authorities in managing resources. Therefore, we are starving councils in terms of revenue. I think that the Executive should be able to take the advice from the Committee that part of the revenue which goes to other institutions should be given to local authorities for them to provide services.  

 

  Madam Speaker, I would also like to encourage the hon. Minister of Local Government and the hon. Minister of Finance to provide cottage industries in every district. I am sure every district has a product that it is known of that it can provide. For instance, the Government can help us in Mwinilunga, with a cannery so that the cottage industry is promoted. Then the councils can realise revenues from such industries, and this is provided for in the Decentralisation Policy as local economic development. We must see every district having an industry that will provide jobs and resources to local councils for them to provide services. The intergovernmental fiscal architecture must be implemented –

 

Madam First Deputy Speaker: Order!

 

The hon. Member’s time has expired.

 

Mr Kasandwe (Bangweulu): Madam Speaker, first of all, I commend the Committee for this brilliant report. It brought out a number of issues that are cardinal in ensuring that revenue collection and utilisation in local authorities improves.

 

Madam Speaker, from the outset, I should mention that I support the report. However, I just want to highlight a few points from the report, especially where the Committee is lobbying the Government to increase the Personal Levy and that it shall not exceed K15 per annum, from all adults who receive an income.

 

Madam Speaker, basically, for me, it is just the lack of skills in revenue mobilisation that has made councils to fail to provide services to the people who reside in their localities. For instance, if the population of Lusaka today stands at about 3.4 million and assuming that about 2.5 million are adults who earn an income, and if one divides twelve by K15, it translates to K1.25. So, if we multiply that by 2.5 million adults who earn an income, the Lusaka City Council would get Personal Levy of about K2.5 million. So, for me, the bottom-line is not the adequacy of resources available for the local authorities, but the prudent utilisation of these funds. In fact, what is failing most local authorities is what the Committee highlighted concerning the maintenance of an updated database.

Madam Speaker, last week, I went to Samfya District Council to find out if it had a database of the people who are eligible to pay for various services like fire and business permits, but it does not have it. So, it is very difficult to know how much councils collect in the absence of a database. In fact, I commend that the Local Government Service Commission because in a few years, it has tried to employ qualified accountants and auditors.

 

Madam Speaker, what beats me is the inertia by local authorities to go out and collect revenue. I remember working for Kalomo District Council some few years ago, when I was fresh from the university. At that time, Kalomo District Council was the only council that never depended on Government coffers because it had put a financial system in place, in terms of resource mobilisation and it went on for some years without necessarily depending on the Government. However, I do not know if the Kalomo District Council can still boast of being the only council in Zambia that can mobilise resources locally. Perhaps, it is failing because it is run by the United Party for National Development (UPND) and maybe that is why it has gone down after having been one of the best councils in terms of resource mobilisation.

 

Madam Speaker, even if we pushed that ZESCO Limited, the National Road Fund Agency (NRFA) and other institutions begin sharing resources with the councils. The first thing is clearly to put financial management systems in the councils so that they will be able to account for whatever they collect. So, mechanisms such as widening the database and ensuring that all the financial regulations that are needed to ensure that the revenue is used prudently should be put in place.

 

Madam Speaker, I felt that I should just add those few words.

 

I thank you, Madam Speaker.

 

The Minister of Local Government (Dr Banda): Madam Speaker, thank you for according me this opportunity to respond to the Report of the Committee on Local Government Accounts on Revenue Mobilisation and Utilisation in Local Authorities for the Fourth Session of the Twelfth National Assembly laid on the Table of the House on 19^th June, 2020.

 

Madam Speaker, allow me to begin by commending the Chairperson of the Committee for the able manner in which he has presented the report to the House. I also wish to commend the seconder and all other hon. Members who have contributed to the debate on the Floor of the House.

 

Madam Speaker, this is a very important report as it touches on the most critical activity of local authorities throughout the country. We are all aware of the need for local authorities and their services such as garbage collection, maintenance of drainages and roads in the community. This has led to the high demand of these services. In order to successfully fulfill their mandate, local authorities largely depend on grants from the Central Government and other traditional sources of income such as property tax, license fees and charges, and we agree with the Committee that we have always been calling for innovation in the councils. We also agree that the status of the Personal Levy has to be reviewed and that institutions such as the National Road Fund Agency (NRFA), the Road Transport and Safety Agency (RTSA) and ZESCO Limited should surrender these functions to local authorities so that they can earn a commission out of this. This will be part of a process by which local authorities can be able to raise some revenue.

 

Madam Speaker, I listened to Hon. Mwiimbu wondering off the topic because what he debated did not bring out issues that may cause concern on what we are already doing to help the councils perform their functions adequately.

 

Madam Speaker, I would like to say that it was mentioned, in the Committee’s report, of the establishment of the Local Government Equalisation Fund, through the Local Government (Amendment) Act No. 12 of 2014, to provide supplementary funding to local authorities for the execution of their mandate and functions. Unfortunately, this fund has been misunderstood to be a wage bill. It is not a wage bill. It is supposed to help the councils to function and carry out capital projects.

 

Madam Speaker, I want to say that the Government is actively working towards harmonising the Local Government Act, 2019 and the Business Regulations Review Agency Act, 2014 to remove the duplication in the processes of collecting revenue.

 

Madam Speaker, allow me to end by mentioning to the House that the Constituency Development Fund (CDF) will be released soon and the Ministry of Finance has given the Ministry of Local Government an assurance over this matter.

 

I thank you, Madam Speaker.

 

Hon. Members: Hear, hear!

 

Mr Muchima: Madam Speaker, this is the way debates are supposed to proceed. There have been a lot of very objective contributions.

Madam Speaker, I thank the seconder, the hon. Leader of the Opposition, the hon. Member for Nkeyema, the hon. Member for Mwinilunga and the hon. Member for Bangweulu for their contributions. Most of them worked in the councils.

 

Madam Speaker, I also want to pay tribute to the hon. Minister for being very instrumental during the deliberations. That is the way it is supposed to be. The hon. Minister should show a lot of interest in these issues.

 

I thank you, Madam Speaker.

 

Question put and agreed to.

 

ADJOURNMENT

 

The Chief Whip and Acting Leader of Government Business in the House (Mr Mundubile): Madam Speaker, I beg to move that the House do now adjourn.

 

Question put and agreed to.

 

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The House adjourned at 1646 hours until 0900 hours on Friday, 17^th July, 2020.

 

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