Friday, 16^th April, 2021

 

The House met at 0900 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

 

_______

 

RULING BY MR SPEAKER

 

POINT OF ORDER RAISED BY MR. T. S. NGULUBE, HON. DEPUTY GOVERNMENT CHIEF WHIP AND MEMBER OF PARLIAMENT FOR KABWE CENTRAL CONSTITUENCY, ON THE STATUS OF MR R. KANGOMBE, HON. MEMBER OF PARLIAMENT FOR SESHEKE CONSTITUENCY FOLLOWING HON. KANGOMBE’S CONVICTION AND SENTENCING TO IMPRISONMENT BY THE CHINSALI MAGISTRATES COURT FOR ASSAULT

 

Mr Speaker: Hon. Members, you will recall that on Tuesday, 13^th April, 2021, when the House was considering the Report of the Committee on Media, Information and Communication Technologies and Mr E. Muchima, hon. Member of Parliament for Ikeleng’i Constituency, was on the Floor, Hon. T. S. Ngulube, the Deputy Government Chief Whip and Member of Parliament for Kabwe Central Constituency, raised a point of order on Mr R. Kangombe, the hon. Member of Parliament for Sesheke Constituency.  The relevant excerpt of the point of order is as follows:

 

“Mr Speaker, thank you for giving me this opportunity to raise this very important Constitutional point of order. I apologise most sincerely to my elder brother, the hon. Member for Ikeleng’i, for disturbing his line of thought.

 

“Mr Speaker, yesterday, 12^th April, 2021, apart from being my birthday, the nation was treated to a rude shock by hearing that one of us in this Chamber, the hon. Member for Sesheke, Mr Romeo Kangombe, was convicted by the Chinsali Magistrates Court and slapped with a two-year jail sentence, which was suspended for two years. We are also informed that he was also fined K10,000, which he paid.

 

“Mr Speaker, my point of order is based on the provisions of Article 70(2)(f) of the Constitution of Zambia. In my understanding, when a person is convicted by a court of law, he becomes a convict and, as such, he is disqualified from being an hon. Member of Parliament. Therefore, is the hon. Member of Parliament for Sesheke, Mr Romeo Kangombe, in order to remain a Member of this august House after being convicted by the honourable court in Chinsali?

 

“Sir, I seek your serious ruling on this matter.”

 

In my immediate response, I reserved my ruling to enable me to render a measured response.  I have since studied the matter, and I am now ready to render my ruling.

 

Hon. Members, the background to the point of order is that on Wednesday, 7^th April, 2021, Mr Romeo Kangombe, the hon. Member of Parliament for Sesheke Constituency, was convicted by the Chinsali Magistrates Court of the assault of two police officers. On Monday, 12^th April, 2021, the court sentenced him to twelve months imprisonment with hard labour. The court, however, suspended the sentence for two years on condition that Hon. Kangombe did not commit a similar offence during that period.

 

Hon. Members, you may wish to note that this point of order raises the question of whether a Member of Parliament who is convicted of a criminal offence vacates his/her seat in the National Assembly by virtue of that conviction.

                                                                                                                                       

Hon. Members, the law governing the vacation of a seat by a Member of Parliament is Article 72(2) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, and is expressed in the following terms:

 

“The office of Member of Parliament becomes vacant if the member –

 

(a)        resigns by notice, in writing, to the Speaker;

 

(b)        becomes disqualified for election in accordance with Article 70;

 

(c)        acts contrary to a prescribed code of conduct;

 

(d)        resigns from the political party which sponsored the member for election to the National Assembly;

 

(e)        is expelled from the political party which sponsored the member for election to the National Assembly;

 

(f)         ceases to be a citizen;

 

(g)        having been elected to the National Assembly, as an independent candidate, joins a political party;

 

(h)        is disqualified as a result of a decision of the Constitutional Court; or

 

(i)         dies.”

 

Of particular relevance to this case is Article 72(2)(b), which is couched as follows:

 

“The office of Member of Parliament becomes vacant if the member becomes disqualified for election in accordance with Article 70.”

 

Article 70(2)(f) provides as follows:

 

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

 

The effect of the foregoing provisions, when read together, is that a Member of Parliament vacates or loses his/her seat when he/she is serving a sentence of imprisonment. In this regard, Bryan A. Garner, Editor-in-Chief of Black’s Law Dictionary, Ninth Edition, at page 825, defines imprisonment as follows:

 

“Imprisonment.

 

“1. The act of confining a person especially in prison.

 

“2. The state of being confined.”

 

Hon. Members, I have had occasion to pronounce myself on the vacation of a seat by a Member who is serving a sentence of imprisonment. That was in my ruling on a point of order raised by Hon. J. J. Mwiimbu, the Member of Parliament for Monze Central Constituency, which alleged that the National Assembly had treated hon. Members of Parliament facing various court cases in a discriminatory manner (Daily Parliamentary Debate of Wednesday, 21^st March, 2018, at page 12).

 

The point of order was precipitated by a letter I wrote to the Electoral Commission of Zambia (ECZ) on 7^th March, 2018, informing the commission of the vacancy of the Chilanga Parliamentary Constituency seat following the conviction and imprisonment of the then hon. Member of Parliament, Mr K. A. Mukata, in accordance with Article 72(2)(b). In my ruling, I took time to apprise the House of how a Member vacates his/her seat under Article 70(2)(f) of the Constitution of Zambia. 

 

The background to the Mukata case is that on Wednesday, 28^th February, 2018, the High Court delivered a judgment in the criminal matter between The People v Mukata and another, cause No. HP/180/2017. In that judgment, the High Court found Hon. K. A. Mukata, erstwhile Member of Parliament for Chilanga Constituency, guilty of murder contrary to Section 200 of the Penal Code, Chapter 87 of the Laws of Zambia, and convicted him accordingly. The certificate of death sentence was issued on the same day. In rendering the ruling at page 10, I stated, inter-alia, as follows:

 

“A certificate of sentence of death is sufficient evidence that Mr Mukata is serving a prison sentence, and that necessarily means that his seat fell vacant by operation of Article 70(2)(f) of the Constitution of Zambia.”

 

Thus, Mr Mukata vacated his seat because he had not only been convicted, but was also serving a prison sentence.

 

Hon. Members, I now wish to address the question raised by Hon. T. S. Ngulube, that is, whether a conviction, per se, is sufficient to warrant a Member’s vacation or loss of his/her seat.

 

Hon. Members, from the law outlined above, it is crystal clear that for a Member to vacate his/her seat under Article 70(2)(f), it is not sufficient that he/she is merely convicted of an offence. There must be something more, and that is, the Member must not only be convicted and sentenced, but must also be serving a sentence of imprisonment. In other words, he/she must be lodged in a prison or incarcerated, as was the case in the Mukata case.   

 

Hon. Members, I would like to point out that the point of order under consideration also raises the novel question of whether a Member of Parliament whose sentence has been suspended can be said to be serving a sentence of imprisonment as envisioned by Article 70(2)(f). To begin with, I will address the meaning of the term ‘suspended sentence’.

 

Hon. Members, Bryan A. Garner, already referred to above, at page 1486, defines a suspended sentence in the following terms:

 

“A sentence postponed so that the convicted criminal is not required to serve time unless he/she commits another crime or violates some other court imposed condition. A suspended sentence, in effect, is a form of probation, also termed withheld sentence.”

 

The import of the foregoing is that once a sentence has been suspended, the sentence has been postponed. That is, put in abeyance or withheld. As such, the person sentenced is not required to serve the sentence of imprisonment unless he commits another crime or violates any other condition set by the court.

 

Hon. Members, as earlier noted, Hon. R. Kangombe was convicted of assault and sentenced to twelve months imprisonment with hard labour. The court, however, suspended the sentence for two years on condition that he does not commit a similar offence during that period. With regard to the law elucidated above, Hon. R. Kangombe’s sentence of imprisonment has been postponed or put in abeyance for two years on condition that he does not commit a similar offence in the two-year period, and the implication of that is that he will only serve the term of imprisonment in the event that he breaches the condition imposed by the court. If he does not breach the condition, then, he will not serve the sentence. In this regard, it follows that Hon. R. Kangombe is currently not serving a sentence of imprisonment as envisioned by Article 70(2)(f) of the Constitution of Zambia.

 

Hon. Members, in view of the foregoing, it is clear that Hon. R. Kangombe, although convicted and sentenced, the suspension of his sentence means that he is not serving a term of imprisonment. Therefore, he has not vacated his seat and remains the hon. Member of Parliament for Sesheke Constituency, unless and until such a time that he violates the condition attached to the suspension of his sentence and begins to serve his imprisonment term. Hon. R. Kangombe is, therefore, in order to remain a Member of this august House.

 

I thank you.

 

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BUSINESS OF THE HOUSE

 

The Vice-President (Mrs Wina): Mr Speaker, let me acquaint the House with the business it will consider next week.

 

Sir, on Tuesday, 20^th April, 2021, the Business of the House will begin with Questions for Oral Answer, if there will be any. That will be followed by presentation of Government Bills, if there will be any. Then the House will consider the Second Reading Stage of the following Bills:

 

1. The Health Professions (Amendment) Bill No. 24 of 2021; and
2. The Zambia Institute of Advanced Legal Education (Amendment) Bill No. 27 of 2021.

 

Mr Speaker, on Wednesday, 21 April, 2021, the Business of the House will start with Questions for Oral Answer, if there will be any. Thereafter, the House will debate a Private Member’s Motion entitled, “Intervene in the Payment of Terminal Benefits to Tanzania-Zambia Railway Authority (TAZARA) Retirees” to be moved by Hon. S. Kakubo, Member of Parliament for Kapiri Mposhi Constituency. That will be followed by presentation of Government Bills, if there will be any. Then the House will consider the Committee Stage of the following Bills:

 

1. The Higher Education (Amendment) Bill No. 21 of 2021;
2. The Engineering Institution of Zambia (Amendment) Bill No. 26 of 2021; and
3. The Zambia Chartered Institute of Logistics and Transport (Amendment) Bill No. 28 of 2021.

 

Sir, on Thursday, 22^nd April, 2021, the Business of the House will begin with Questions for Oral Answer, if there will be any. That will be followed by presentation of Government Bills, if there will be any. Then the House will consider the Committee Stage of the following Bills:

 

1. The Health Professions (Amendment) Bill No. 24 of 2021;
2. The Zambia Institute of Advanced Legal Education (Amendment) Bill No. 27 of 2021; and
3. The Electoral Process (Amendment) Bill No. 30 of 2021.

 

Mr Speaker, on Friday, 23^rd April, 2021, the Business of the House will commence with the Vice-President’s Question Time. Thereafter, the House will consider Questions for Oral Answer, if there will be any. That will be followed by presentation of Government Bills, if there will be any.

 

I thank you, Sir.

 

________

 

THE VICE-PRESIDENT’S QUESTION TIME

 

Mr Mwila (Chimwemwe): Mr Speaker, the people of Chimwemwe would like to find out whether the Government will increase the number of beneficiaries in the farming input distribution exercise scheduled to start any time soon. Generally, in Kitwe, we have recorded a sharp increase in the number of registered women-led agricultural multi-purpose co-operatives, which are anxiously awaiting the Government’s helping hand in that regard.

 

The Vice-President (Mrs Wina): Mr Speaker, the House may be aware that the Government increased the number of beneficiaries of the Farmer Input Support Programme (FISP) from 500,000 to 1 million in the last season. The programme will be reviewed to ascertain whether it is prudent, as of now, to increase the number or to just manage the 1 million beneficiaries until the Government is convinced that the programme is running on course. So, the Government does not intend to increase the number of beneficiaries of FISP from the current 1 million.

 

I thank you, Sir.

 

Mr Mwiimbu (Monze Central): Mr Speaker, before I pose my question to Her Honour the Vice-President, I would like to congratulate all my colleagues who were appointed at the Patriotic Front (PF) General Assembly.

 

Mr Speaker, Her Honour the Vice-President may be aware that Article 60(2)(d) of the Constitution of Zambia requires political parties to promote and practise democracy through regular, free and fair internal elections. I would like to find out whether in her view, the appointments that were made at the PF convention without elections are not a contravention of Article 60(2)(d) of the Constitution of Zambia.

 

The Vice-President: Mr Speaker, it would be useful for political leaders to understand the constitutions of other parties. As a lawyer, the hon. Member for Monze Central should study the constitution of the Patriotic Front (PF) in detail to understand it.

 

Sir, the Constitutional provision referred to, Article 60(2)(d) of our national Constitution, states emphatically what the hon. Member has indicated, but that should be read in tandem with Article 57(3)(a) of the PF constitution for one to understand how elections in the PF are conducted.

 

Mr Speaker, the PF has managed to conduct elections from the grassroots, branches, wards, constituencies, districts, provinces and the national level, and that was done transparently.

 

Hon. PF Member: We want Mutinta.

 

Mr Speaker, we are very proud of what transpired in terms of the democratic elections in the PF.

 

Mr Kampyongo: One president for twenty years!

 

The Vice-President: Mr Speaker, names from all parts of the country are submitted to the council and scrutinised, and the President is mandated to nominate names from that list. The list of nominees is then approved or rejected by the national council and the national conference. So, there is nothing sinister in the way the PF elections to the Central Committee were conducted.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Mr Michelo (Bweengwa): Mr Speaker, my primary concern today is on the letter that was written to the Mayor of Lusaka yesterday, in which the Patriotic Front (PF) Provincial Chairman called for a meeting today with all the councillors in Lusaka District, and the agenda of the meeting is the sale of council properties in Lusaka District. Could Her Honour the Vice-President tell the House who has authorised the PF to indulge in this illegal sale of council properties, which are public assets.

 

Mr Lubinda: Quality!

 

Laughter

 

The Vice-President: Mr Speaker, whenever there has been an abrogation of the law by any councillor in the country, the hon. Minister of Local Government has taken action. In this particular case, the hon. Minister has reversed all the transactions that were made illegally by councillors or some leaders.

 

Mr Speaker, you will recall that in one of the United Party for National Development (UPND)-led councils, Livingstone, the whole council was suspended on the basis of illegal allocation of land by councillors. The law has now taken its course and some of the councillors have been convicted. So, this incident that happened in a PF-led council is not unique because it has happened in councils held by the UPND, too, and it is up to us, as leaders, to prevent such things from happening. We have been pounding on this idea that, as leaders, we should ensure that even our councillors abide by the rules and regulations of our party principles and manifestos. Illegality should not be allowed, whether it is perpetrated by the PF or it emanates from the Opposition-led councils. Illegality should be stopped, and it is our duty, as leaders, to stop it and avert corruption in all the councils.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Mr Speaker: Hon. Members, I have also received indications on the Zoom platform from the hon. Members for Mkushi North, Chilanga, Luena, Chipata Central, Milanzi, Chitambo, Nchelenge, Kasempa, Chama South, Liuwa, Sioma, Chikankata, Msanzala and Livingstone. So, I will alternate between the two lists.

 

Ms Mwape (Mkushi North): Mr Speaker, there are media reports to the effect that five non-governmental organisations (NGOs) have asked the High Court to grant them an order preventing the prosecution of people who abrogate the Cyber Security and Cyber Crimes Act pending the determination of a petition against the Act. The NGOs also want the Court to declare that Sections 11, 12, 29, 38, 40, 54, 59, 65, 69, 72 and 74 of the Act are unconstitutional and should be struck off the statute books. What is the Government’s position on this matter?

 

The Vice-President: Mr Speaker, the Cyber Security and Cyber Crimes Act and other related laws were passed in this House only recently, and the Government is aware that on 1^st April, 2021, six non-governmental organisations (NGOs), among them Chapter One Foundation, petitioned the Lusaka High Court alleging that the Cyber Security and Cyber Crimes Act threatens citizens’ right to privacy, freedom of expression and the right to freely impart and receive information. Unfortunately, the Government cannot comment on this matter, as it is still before the Lusaka High Court. However, the House is aware that cyber security is the foundation of peace and security in any country and globally. That is why governments the world over are taking measures against threats to cyber security by putting in place cyber security and cyber crime laws to protect people and businesses. Zambia cannot be an exception to what is prevailing in the world.

 

I thank you, Sir.

 

Hon. Government Members: Hear, hear!

 

Mr Siwanzi (Nakonde): Mr Speaker, being a landlocked country, Zambia provides passage to international transit vehicles, which include second-hand vehicles imported into the country as well as into our neighbouring countries, and trucks that move cargo. However, our local drivers do not participate in most of the transportation activities. We see foreigners driving the vehicles in our country. My is question is on whether the Government is thinking of coming up with a policy to preserve some of the jobs for local drivers, as we have seen that it is becoming impossible for our drivers to compete in other countries where there are sea ports of entry and get a fair share of that particular activity.

 

The Vice-President: Mr Speaker, Zambia is surrounded by eight countries. This might be a blessing as well as a challenge, in that the country has to abide by the prevailing Southern African Development Community (SADC) rules. On that basis, the Zambian Government, and the Ministry of Transport and Communication, in particular, are looking at the matter and engaging neighbouring countries to see how to prevent Zambian truck drivers, in particular, from being disadvantaged.

 

Mr Speaker, it is not easy for the Zambian Government to unilaterally enforce laws that may be an issue in neighbouring countries. However, we are addressing the matter. The Ministry of Commerce, Trade and Industry is also engaging the Common Market for Eastern and Southern Africa (COMESA) on how the issues affecting truck drivers can be resolved.

 

I thank you, Sir.

 

Mrs Phiri (Chilanga): Mr Speaker, there have been several reports in the media of people urging the Government to address the increasing prices of basic commodities following the continued depreciation of the Kwacha. What is the Government doing to address the problem of the increasing prices of basic commodities?

 

The Vice-President: Mr Speaker, high commodity prices, especially in the oil manufacturing industry, and other commodities, are quite a challenge during this Coronavirus Disease 2019 (COVID-19) period. However, I wish to state that the Government recognises the importance of maintaining inflation within sustainable levels to make the cost of living affordable for our people.

 

Sir, inflation or, generally, the increase in the prices of goods and services on average, per year, since 2011, has been within the target range of 6 per cent to 8 per cent. However, during the period 2015 to 2018, the rate was higher than targeted, mainly due to increased food prices exacerbated by the low agricultural output the country experienced on account of erratic rainfall during that period. Nevertheless, the Government, working with agro-dealers, continues to distribute inputs to eligible farmers early to improve food supply, moderate inflation and reduce the cost of living.  

 

Mr Speaker, in the recent past, the economy has faced a lot of inflationary pressure as a result of the continued depreciation of the Kwacha amidst heightened demand and reduced supply of foreign exchange. Demand has been driven by imports of agricultural inputs under FISP, petroleum products and, of late, medical supplies to combat the COVID-19 pandemic. The depreciation of the Kwacha has affected the affordability of the imported inputs required in the production of goods and services, and this negatively impacts the prices of selected goods and services.

 

Sir, to counter inflationary pressures and manage the cost of living, the Government has removed Value-Added Tax (VAT) and excise duty on petroleum products to avoid upward adjustments in fuel pump prices. The Government has also restricted maize exports to make mealie meal more affordable for Zambians, and increased social cash payments to vulnerable households as a social protection measure.  The Government continues to implement policies and programmes aimed at stabilising the Kwacha as well as reducing vulnerabilities and poverty amplified by the COVID-19 pandemic.

 

Mr Speaker, I thank you.

 

Hon. Government Members: Hear, hear!

 

Mr Ng’ambi (Chifubu): Mr Speaker, there have been media reports to the effect that the public is expressing the concern that the current Electoral Commission of Zambia (ECZ) cannot hold fair elections following the allegation of a fraudulent electoral register. Will the ECZ hold fair elections?

 

The Vice-President: Mr Speaker, the Electoral Commission of Zambia (ECZ) has come a long way from being a very small unit to an internationally-recognised agency of the Government, and is committed to, and remains focused on, compiling a credible register of voters.

 

Sir, the process of voter registration has been conducted in a transparent manner, with stakeholder engagements, and the commission has compiled a new register for the 2021 General Elections to ensure enhanced accuracy of the register.

 

Sir, the commission provisionally registered 7 million voters in all the 116 districts across the country from 9^th November to 20^th December, 2020. This represents 83 per cent of the targeted 8.4 million eligible voters, as projected by the Zambia Statistical Agency (ZAMSTATs) in 2020.

 

Sir, the commission has concluded the physical inspection of the provisional register of voters, which ran from 29^th March to 7^th April, 2021. In addition to the physical inspection of the provisional register, the commission launched the electronic voter verification service on 7^th February, 2021, which will run until 7^th May, 2021. The service enables a voter to verify his/her details by using an unstructured supplementary service data (USSD) code *214#, which has been accessible on all the mobile networks. The commission is now in the process of consolidating the voter data in readiness for certification of the register of voters scheduled for 9^th May, 2021.

 

Mr Speaker, the commission will continue to engage various stakeholders and updating them on all preparations and processes related to the 12^th August, 2021 Elections.

 

I thank you, Sir.

 

Mr Kundoti (Luena): Mr Speaker, I take Her Honour the Vice-President back to the question I asked during the last meeting, in which I inquired on the works on the Mongu/Limulunga Road, which has remained an eyesore to date. Last time, Her Honour the Vice-President said that Aviation Industry Corporation of China Limited (AVIC) International Holdings was already on the ground and only waiting for the rainy season to stop before commencing works.

 

Sir, the rainy season is over, but we do not see anything being done on that road, which is in such a deplorable state that the dust emanating from it is terrible and giving people coughs and other diseases. So, the people of Limulunga District and I would like to know what is on the ground, taking into consideration the fact that the road goes up to the traditional capital of the Western Province. What is Her Honour the Vice-President telling the people, this time around, now that the rainy season is over?

 

The Vice-President: Mr Speaker, I stand by the response I gave last time. However, the hon. Member should try to make it a habit to visit the ministry responsible for infrastructure to get accurate updates on what is happening on the ground, particularly with regards the Mongu/Limulunga Road. The Head of State promised that the Mongu/Limulunga Road would be worked on, and I confirm in the House that the promise still stands.

 

I thank you, Sir.

 

Mrs Mulyata (Rufunsa): Mr Speaker, I am concerned about the Great East Road, which links us to the Eastern Province, Malawi and Mozambique, because it is in a terrible state, especially the stretch from Nangwenya, in Rufunsa, to the Luangwa Bridge, where there are now ditches where there were patches. Last night, we would have heard of terrible news in this nation because a bus that avoided hitting a pothole went into the bush and a few people were hurt. Thank God none of them died.

 

Sir, the Government should urgently work on that road because it is very important. Could Her Honour the Vice-President assure me that the road will be worked on before 12^th August, 2021?

 

Mr Speaker: What is your question, hon. Member for Rufunsa?

 

Mrs Mulyata: Mr Speaker, my question is: When will that road be worked on? 

 

The Vice-President: Mr Speaker, the Government considers the Great East Road a very important economic road, and it has been doing a lot of work on that road. It has been, for example, repairing, upgrading and mending it where potholes have been noticed. I think the Government has done well, particularly in the hilly areas from Luangwa all the way to Mchinji Border, and it will continue to work on the other part of the road that has not been repaired. So, the hon. Member should give her people in Rufunsa some hope and assure them that the Government has not abandoned the road and that it will continue to work on the road to make it passable all the away.

 

I thank you, Sir.

 

_______

 

BILLS

 

FIRST READING

 

THE CANNABIS BILL, 2021

 

The Minister of Health (Dr Chanda): Sir, I beg to present a Bill entitled the Cannabis Bill No. 31 of 2021. The objects of this Bill are to:

 

1. provide for the regulation of the cultivation, manufacture, production, storage, distribution, import and export of cannabis for medicinal, scientific or research purposes;
2. designate the lead agency for the licensing of cannabis for medicinal, scientific or research purposes;
3. provide for security measures for the cultivation, manufacture, production, storage, distribution, import and export of cannabis for medicinal, scientific or research purposes;
4. provide for the constitution of the National Cannabis Co-ordinating Committee and provide for its functions;
5. domesticate the Single Convention on Narcotic Drugs of 1961; and
6. provide for matters connected with, or incidental to, the foregoing.

 

Mr Speaker, I thank you.

 

Mr Speaker: The Bill stands referred to the Committee on Health, Community Development and Social Services. The Committee is required to submit its report on the Bill to the House by Thursday, 6^th May, 2021.

 

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

 

THE INDUSTRIAL HEMP BILL, 2021

 

The Minister of Agriculture (Mr Katambo): Sir, I beg to present a Bill entitled the Industrial Hemp Bill No. 32 of 2021. The objects of the Bill are to:

 

1. provide for the licensing of growers, processors, distributors, buyers, exporters of, and researchers on, industrial hemp;
2. provide for the production and multiplication of industrial hemp;
3. provide for the import and export of industrial hemp; and
4. provide for matters connected with, or incidental to, the foregoing.

 

Mr Speaker, I thank you.

 

Mr Speaker: The Bill stands referred to the Committee on Agriculture, Lands and Natural Resources. The Committee is required to submit its report on the Bill to the House by Thursday, 6^th May, 2021.

 

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

 

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES BILL, 2021

 

The Minister of Home Affairs (Mr Kampyongo): Mr Speaker, I beg to present a Bill entitled Narcotic Drugs and Psychotropic Substances Bill, 2021. The objects of the Bill are to:

 

1. continue the existence of the Drug Enforcement Commission and provide for its functions;
2. revise and consolidate the law relating to narcotic drugs, psychotropic substances and precursor chemicals;
3. provide for special measures related to the prevention, treatment and rehabilitation of victims of drug abuse;
4. provide for the exemption of industrial hemp from control under this Act;
5. domesticate the Single Convention on Narcotic Drugs adopted in New York on 30^th March, 1961, the Convention on Psychotropic Substances signed in Vienna on 21^st February, 1971, the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1998 and the United Nations Convention Against Transnational Organised Crime, signed in Palermo on 29^th September, 2003;
6. repeal and replace the Narcotic Drugs and Psychotropic Substances Act of 1993; and
7. provide for matters connected with, or incidental to, the foregoing.

 

Mr Speaker, I thank you.

 

Mr Speaker: The Bill stands referred to the Committee on National Security and Foreign Affairs. The Committee is required to submit its report on the Bill to the House by Thursday, 6^th May, 2021.

 

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

 

THE ACTS OF PARLIAMENT (Amendment) BILL, 2021

 

The Minister of Justice (Mr Lubinda): Mr Speaker, I beg to present a Bill entitled the Acts of Parliament (Amendment) Bill, 2021. The object of this Bill is to amend the Acts of Parliament Act so as to provide for:

 

1. the publications of Acts in electronic form;
2. the verification of electronic copies of Acts;
3. the powers of the Commissioner of Law Revision in relation to publication of electronic Acts; and
4. matters connected with, or incidental to, the foregoing.

 

I thank you, Sir

 

Mr Speaker: The Bill stands referred to the Committee on Legal Affairs, Human Rights, National Guidance, Gender Matters and Governance. The Committee is required to submit its report on the Bill to the House by Thursday, 6^th May, 2021.

 

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

 

THE ZAMBIA CORRECTIONAL SERVICE BILL, 2021

 

Mr Kampyongo: Mr Speaker, I beg to present a Bill entitled the Zambia Correctional Service Bill, 2021. The objects of the Bill are:

 

1. continue the existence of the Zambia Prisons Service and rename it as the Zambia Correctional Service and redefine its functions;
2. provide for the establishment, management and control of prisons and correctional centres;
3. provide for the discipline of correctional officers;
4. provide for the correction and reformation of inmates;
5. provide for youth corrective training centres and community services;
6. provide for after care orders;
7. establish the National Parole Board and provide for its functions;
8. domesticate the United Nations Standard Minimum Rules for the Treatment of Prisoners;
9. repeal and replace the Prisons Act, 1966; and
10. provide for matters connected with, or incidental to, the foregoing.

 

I thank you, Mr. Speaker.

 

Mr Speaker: The Bill stands referred to the Committee on National Security and Foreign Affairs. The Committee is required to submit its report on the Bill to the House by Thursday, 6^th May, 2021.

 

Hon. Members who wish to make submissions on the Bill are free to do so within the programme of work of the Committee.

 

_______

 

MOTIONS

 

REPORT OF THE PUBLIC ACCOUNTS COMMITTEE ON THE REPORT OF THE AUDITOR- GENERAL ON THE ACCOUNTS OF THE REPUBLIC FOR THE FINANCIAL YEAR ENDED 31^ST DECEMBER, 2019

 

Mr Kunda (Muchinga): Mr Speaker, I beg to move that this House do adopt the Report of the Public Accounts Committee on the Report of the Auditor-General on the Accounts of the Republic for the Financial Year Ended 31^st December, 2019, laid on the table of the House on Thursday, 1^st April, 2021.

 

Mr Speaker: Is the Motion seconded?

 

Ms Tambatamba (Kasempa): Mr Speaker, I beg to second the Motion.

 

Mr Kunda: Mr Speaker, I thank you for giving me the opportunity to move this Motion.

 

Sir, I will only highlight a few of some of the issues that the Committee came across when considering the report of the Auditor-General.

 

Sir, the Ministry of Works and Supply was cited for failure to collect revenue amounting to K519,172 from Government officers who bought off personal-to-holder vehicles. The Committee was informed that the ministry was engaging the officers involved and had written to the Secretary to the Cabinet to consider withdrawing the offers. However, the Committee finds it regrettable that officers were failing to pay for the vehicles they bought at give-away prices. In this regard, the Committee urges the Controlling Officer to withdraw the vehicles from all the officers who are in violation of the purchase agreement.

 

Sir, with regard to the Ministry of Foreign Affairs, the Committee was confronted with an issue of misapplication of funds donated by the Government of the People’s Republic of China. The funds were meant for the construction of a conference hall at the ministry’s headquarters, but were misapplied on activities like purchase of air tickets, subsistence allowance and stationery. However, the Controlling Officer submitted that the ministry did not receive funding for urgent and important national assignments. As a result, it had to use some donor funds with a view to reimbursing the funds once funding was received from the Treasury. Nevertheless, the Committee is concerned that donor funds were used on other activities without express authority from the Secretary to the Treasury, and contends that this has the potential to undermine donor confidence in the country. The Committee, therefore, urges the Secretary to the Treasury to take the necessary disciplinary action against the Controlling Officers for authorising the transfer of donor funds to unrelated activities.

 

Mr Speaker, the Committee also observed serious irregularities in the procurement of goods and services under the Ministry of Health.

 

Sir, you may wish to note that while there were other procurement irregularities highlighted by the Auditor-General regarding the Ministry of Health, what caught the attention of the Committee was the tender for the supply of 50,000 health centre kits. The Auditor-General reported a number of questionable issues regarding the performance of the engaged suppliers, amongst which was failure to avail quality control test certificates. Further, the Committee learnt that a review of the goods acceptance certificate by Medical Stores Limited (MSL) revealed that the supplied health centre kits were not accompanied by the certificate of analysis from the manufacturer or the supplier. Consequently, the Zambia Medicines Regulatory Authority (ZAMRA) and Zambia Bureau of Standards (ZABS) carried out tests to assess the quality of the medicines and medical supplies, and you may wish to note that some of the items tested and found defective were paracetamol tablets, lubricated latex condoms and latex examination gloves. These were all, unfortunately, reported to have already been distributed for use across the country. In view of the foregoing, the Committee urges the Controlling Officer to ensure adherence to procurement procedures and standards relating to the procurement of medicines. Further, the Committee bemoans the step taken by the Ministry of Health to distribute defective health centre kits, as that put the users of the products at great risk. In this regard, the Committee recommends that the ministry recalls all the products without delay.

 

In conclusion, Mr Speaker, I thank all the stakeholders who contributed information to the Committee and supported the Committee in producing this report.

 

Mr Speaker, I beg to move.

 

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

 

Ms Tambatamba: Now, Mr Speaker.

 

Mr Speaker, in seconding the Motion, allow me to thank the mover for the able manner in which he has highlighted the issues that were deliberated upon by the Committee. In this vein, I will make a few comments on a couple of issues that have caused great concern to your Committee. These issues point to the recurring failures to execute programmes. Delays are not uncommon among the ministries, provinces and spending agencies (MPSAs).

 

Mr Speaker, there is a case of the Ministry of Foreign Affairs, which delayed the commencement of projects, and that irregularity caught the Committee’s eye. The Auditor-General reported in 2018, the Ministry of Finance had sourced a mortgage financing facility for the purpose of construction and purchase of properties in missions abroad.  However, during the period under review, only seven missions were reported to have formally signed contracts for the acquisition or rehabilitation of properties. Some contracts were signed twenty months after the funds were allocated. The Controlling Officers submitted that the cited delay was to allow for the facilitation of procurement. However, it was very clear from the findings that there is so much inertia and relaxation that one does not see good stewardship. There are no efficiencies put in place by Controlling Officers to track what has to be done.

 

Mr Speaker, another case that came to your Committee’s attention is at the Ministry of Lands and Natural Resources where the Committee was confronted with an irregularity regarding the National Land Titling Programme (NLTP). During the period under review, K30 million was budgeted and released for the NLTP, which was supposed to produce 1 million certificates of title. However, at the end of the financial year, only 10 per cent of the work was conducted. The Committee is greatly concerned that this happened many times in most MPSAs, not only in the ones that have been mentioned in the report. This highlights a failure of the supervisory system, including the Secretary to the Treasury’s office and the Secretary to the Cabinet, in ensuring that Controlling Officers brought into compliance with what is expressed in the Public Finance Management Act, which provides for the functions and accountabilities of Controlling Officers. If the supervision is strengthened, the Committee thinks that we will see more effectiveness and efficiency.

 

Mr Speaker, the Controlling Officers for all the MPSAs besides the ones explicitly mentioned in the report need to pull up their socks and read the Public Finance Management Act, which stipulates their functions, and supervise and follow up on programmes so as to ensure that all the plans that have been budgeted for in a particular year are implemented. If there is any reason for delay, the issue must be escalated and discussed. Unless otherwise allowed by the authorities mentioned, programmes should be executed as planned to avoid a loss of public finances, which is the result in most cases. So, your Committee urges the Secretary to the Cabinet to put in place a mechanism for exercising supervision and oversight to ensure that there is efficiency.

 

Mr Speaker, with these few words, I thank the members of the Committee for giving me the opportunity to second this important Motion.

 

 Mr Speaker, I thank you.

 

Mr Mwila (Chimwemwe): Mr Speaker, the people of Chimwemwe are saddened to learn that we still have cases of Government officials failing to collect Government revenue, which is urgently needed in many Government streams.

 

Mr Speaker, the problem we have is that this issue has been coming up year in and year out. It has actually been perennial, and I think it is high time we ended it. So, the message from the people of Chimwemwe to the Secretary to the Cabinet is that we should put an end to this problem because we are tired of it. The officers who refuse to collect revenue on behalf of the Government, which is their job, yet get paid at the end of the month by the Government must be made to resign or, if they refuse to resign, be fired. In Chimwemwe, there are many highly-qualified youths with full Grade 12 certificates who are ready to take up the positions of those officers. Why are we wasting time? Let us allow those officers to resign or, if they refuse, chase them.

 

Sir, if the money that some officers are failing to collect on behalf of the Government were collected and given to the Ministry of Health, for example, we would not have shortages of essential drugs. Further, if it were given to the Ministry of General Education, today, we could be smiling because the ministry would be able to recruit a bigger number of teacher interns, for example. In fact, it would increase the number of teachers to be recruited and put on Government payroll. If the money were given to the Ministry of Local Government, the ministry would construct more market shelters for informal traders. Currently, people are struggling, yet there are people being paid for not doing their job, yet the Government is not taking action against them. So, what we are saying in Chimwemwe is that enough is enough. Those people refuse to collect money on behalf of the Government, yet they chose the job; they were not forced to apply for the jobs. So, let us part company with them.

 

Sir, the people of Chimwemwe are very happy to learn from the report that the Office of the Auditor-General has confirmed that it has been giving ample time to the Controlling Officers to respond to audit queries and that only those issues on which the Controlling Officers failed to respond have been included in the report, and those are the ones we are talking about now. That spirit must be encouraged because the Office of the Auditor-General should continue to give chance to the Controlling Officers to provide responses to audit queries. I am particularly happy that, overall, the measures the Government has put in place are bearing fruit, and we are seeing fewer and fewer audit queries. The Ministry of Home Affairs performed well, and we have seen a drastic and continued decrease in audit queries across all the ministries, and I will not be surprised if there will be zero audit queries throughout the country by next year because the Government has put in place good measures that are being followed and are bearing fruit.

 

Sir, in conclusion, I expect the Office of the Auditor-General to be funded adequately so that real-time audits can be realised. We want activities to be audited as they happen so that we do not report cases one or two years after the offences were committed and discuss the offences later.

 

Sir, with those few remarks, I support the Committee’s report.

 

I thank you, Mr Speaker.

 

Mr Speaker: I have recognised the indication by the hon. Minister of Home Affairs and the hon. Minister of Works and Supply, but I will allow the Backbench to debate before I request the hon. Ministers to respond or debate.

 

Mr Kabanda (Serenje): Mr Speaker, thank you for giving me the opportunity to debate the Public Accounts Committee’s report on the Floor of the House this morning.

 

Sir, the revelations that have come from the report are quite disheartening in the sense that many of public resources have been misapplied by Controlling Officers. I will cite the case of monies from the People’s Republic of China for the construction of a conference hall at the Ministry of Foreign Affairs, which were misapplied towards buying air tickets and paying per diem to officers. Surely, we should be sensitive about such monies, especially given the fact that they come from the Chinese, who have been all-weather friends. Will be shooting ourselves in the foot when we misdirect resources from such sources. The Controlling Officer should have been very aware that misdirecting resources is an offence that is punishable, and I do not think he should go scot-free. The relevant authorities should take punitive action against the Controlling Officer because in addition to denting the image of the country, he also flouted the financial regulations.

 

Sir, regarding the Ministry of Health having supplied medicines that were expired, I think that people’s lives should be secured and preserved. We cannot afford to be playing with the lives of people at the altar of fattening our pockets. The relevant authorities should equally take punitive action against the officers who were responsible for procuring the expired drugs.

 

Mr Speaker, lately, this Government has been exercising a lot of transparency in the manner in which it has been doing things, and we have seen some Ministers get fired. I think that the Patriotic Front (PF) Government has been quite prudent –

 

Mr Kabanda was inaudible.

 

Mr Speaker: Hon. Member for Serenje, are you still there?

 

Mr Kabanda was inaudible.

 

Mr Speaker: We will come back to you later.

 

The hon. Member for Chienge may take the Floor.

 

Ms Katuta (Chienge): Mr Speaker, thank you for giving me this opportunity to add my voice to the debate on this very important report. It is quite saddening to see that there are certain individuals in our country who are playing with the lives of people.

 

Sir, I just want to add the voice of the people of Chienge to the debate on the issue of the 50,000 kits that were procured for health centres. It is most unfortunate that there are irresponsible people who are playing with the lives of the people in Zambia. 

 

Mr Speaker, health is very important and quite delicate, and we do not expect anyone to play with it. We expect those in charge of procurement, whenever they are procuring anything for the nation, to conform their orders to the items that come into their possession on behalf of the Government. It is sad seeing that those in charge of procurement at the Ministry of Health went to the extent of procuring items they knew had not been tested and had no quality certificates. To make matters worse, they did not bother to verify those issues before deciding to distribute those items in hospitals. I take it that those officers are hired to kill people because they have no heart or interest of the current Government to see to it that primary health care is accessed by all Zambians according to what the international community is looking at. We cannot have such people remain in offices, and I do not see why there should be an inquiry or investigation. As long as somebody was careless, he/she just needs to go. We do not need such people, and we do not need them to be given written warnings or other lenient forms of punishment.

 

Sir, some people in Chienge are paying heavily because they cannot access proper primary health care. The Government has constructed health posts, clinics, rural health centres and a hospital, but somebody at Medical Stores Limited (MSL) sent us equipment even his family would not use. That is not fair, and I urge the Executive to not even wait for the Secretary to the Cabinet to verify the issue; let those people be locked up because they are playing with the lives of the people and killing people. How do you procure expired Panadol, when the drug is on demand in every area of our country? How can one carelessly buy expired drugs and distribute them to hospitals? Have those people been hired to kill Zambians? That is unacceptable beyond the word ‘unacceptable’. Those people deserve be sentenced to death and go to Mukobeko in Kabwe. We cannot have such individuals in offices. They distributed expired gloves, risking the lives of the health workers who examine patients. They also distributed expired drugs, risking the lives of the patients. Further, they distributed expired condoms and said that they were helping families. What other medicines could they have distributed without our being aware of it, which we may have taken and been made sick by?

 

Sir, for the sake of the people of Chienge who have been deprived of access to good primary health care because of such people in being in offices, I advise the Executive that those people should be arrested and quickly sentenced.

 

I thank you, Mr Speaker.

 

Mr Speaker: Hon. Member for Serenje, are you able to complete your debate now?

 

Mr Kabanda: Yes, Mr Speaker, I am now able to complete my speech.

 

Mr Speaker: Please, continue.

 

Mr Kabanda: Mr Speaker, I was saying that this Government of President Edgar Chagwa Lungu has exhibited a lot of transparency in the recent times to show that no one is above the law. Many officers, including some Ministers, have been shown the door. So, this error of misapplying donor monies and Government resources with impunity should be nipped in the bug because we cannot continue on this trajectory.

 

I thank you, Mr Speaker.

 

Mr Mung’andu (Chama South): Mr Speaker, it is really discomforting to hear what your report is saying. Nevertheless, let me thank our working Government led by His Excellency Mr Edgar Chagwa Lungu for putting in place measures that ensure that all wrongdoing, regardless of who is involved, is exposed. This is the reason, today, we are able to know the wrongs of our technocrats and Controlling Officers in the ministries; it is not by coincidence.

 

Sir, as I contribute to this Motion, I want to tell the people of Zambia, through you, that it was very much possible for the Government to conceal what has just been reported. However, because of transparency, honesty and dedication and patriotism of the President to the people of Zambia, we are able to know that expired drugs were procured and that money meant for the construction of a convention centre was misapplied. This is the kind of commitment we, the people of Zambia, are looking forward to even beyond 2026 when President Edgar Chagwa Lungu will hand over the mantle to another person.

 

Mr Speaker, on the issue of expired drugs, I do not know what to say. However, the people of Zambia, and in particular, those in Chama South, look forward to seeing everyone involved being held accountable. I know that action has already been taken at the Ministry of Health and, again, that demonstrates that President Edgar Chagwa Lungu does not condone wrongdoing regardless of who is involved.

 

Sir, let me come to the most critical issue of K30 million being released for land titling and less than 1 million title deeds being issued. What could have led to such a thing? I know that there are well-qualified surveyors at the Ministry of Lands and Natural Resources. Considering the academic qualifications or credentials of the Surveyor-General, the Deputy Surveyor-General and all the technocrats in the ministry, I have no doubt that they can deliver on the project. My guess is that the ministry could have outsourced the project, and we know what comes with such mistakes. Everyone who has land, including a person who obtained it illegally, would want to legalise it and put it on title. However, land is one of the best ways in which our Government can raise revenue. Assuming that 20 million, 25 million or 30 million properties had been put on title, K30 million would have been realised within a year through ground rents.                                       

 

Mr Speaker, coming to the councils, when I was contributing to the report of the Committee on Agriculture, Lands and Natural Resources, I gave the example of Lusaka City Council trying to resist spending K3 million on evaluation services. However, when we convinced it, it spent less than K2 million, but its revenue jumped to K17 million, and that is the kind of revenue that land is able to generate. So, I urge our investigative wings to find out what led to K30 million being spent and less than 1 million properties being put on title. Can we know the truth.

 

Sir, we are here to help build the legacy of our God-given leader, Mr Edgar Chagwa Lungu, who means well for this country. However, due to a time constraint, I end here.

 

I thank you, Sir.

 

The Minister of Home Affairs (Mr Kampyongo): Mr Speaker, I thank you for giving me this opportunity to contribute to debate on the Motion to adopt the report of the Public Accounts Committee, ably moved by the chairperson of the Committee. I take note of the submissions in the report.

 

Mr Speaker, as the Executive, we are proactive in making sure that ensure that, for the first time, the reports of the Public Accounts Committee are acted upon, not put aside as it used to be. The enactment of the Public Finance Management Act by this Government was a clear testimony of a Government that was prepared to be held accountable at all layers of public management. That was the first step. The second step is to ensure that the culprits are held to account whenever the provisions of the Act are flouted. One of the measures that have been put in place, for example, is the collaboration between the Office of the Auditor-General and the law enforcement agencies. Memorandums of understanding (MoUs) have been signed, for example, between the Office of the Attorney-General and the Drug Enforcement Commission (DEC) to ensure that matters that relate to money laundering and illegitimate transactions are quickly investigated and the culprits prosecuted. It is the same case between the Auditor-General’s Office and the Zambia Police Service. There has also been interaction between the Office of the Director of Public Prosecutions (DPP) and the Office of the Auditor-General, and that is how a Government that is transparent is supposed to work.

 

Mr Speaker, the meetings of your Committee are transparent and open to the public so that when matters are raised, the people of Zambia are able to know what is happening every time. This was not the case in the past because there was a tendency to shield people and not hold public officers accountable. So, commendations must be given to His Excellency the President, who has been very clear in managing State affairs.

 

Sir, your report raises concerns about delays in executing contracts in the foreign missions. It must be understood that in as much as we want the contracts executed quickly, procedures vary from one jurisdiction to another. Further, to ensure that the Public Finance Management Act is not flouted on the Zambian part, there are certain procedures that must be followed and, sometimes, that takes a bit of time. So, in as much as we want the contracts to be expeditiously executed, we have to be cautious and ensure that all the relevant regulations are followed by the staff in our missions and that the Controlling Officers back here, in the Ministry of Foreign Affairs, are in control.

 

Mr Speaker, let me talk about the issue of land titling. This is a new undertaking that is meant to ensure that most of our people, be they in the low density or high density areas where there are serious geographical and access problems, are given some form of empowerment to show that they own property. So, it is a Government project that we have committed ourselves to, and the Ministry of Lands and Natural Resources is doing everything possible to ensure that the project is a success. So, the few challenges that have been noticed should be a starting point, and the hon. Minister and her team will remedy the challenges and ensure that this well-meant project is implemented.

 

Mr Speaker, I thank you.

 

Mr Speaker: We will conclude our debate in this fashion: Immediately, I will have the hon. Minister of Works and Supply followed by the Government response from the hon. Minister of Finance. Then, the hon. Member for Muchinga will wind up the debate.

 

The Minister of Works and Supply (Ms Chalikosa): Mr Speaker, thank you very much for giving me this opportunity to give some responses to the Report of the Auditor-General on the Accounts of the Republic for the Financial Year Ended 31^st December, 2019, for the Fifth Session of the Twelfth National Assembly.

 

Mr Speaker, I thank your Committee for the work that was thoroughly and well done.

 

Sir, in particular, I will respond generally on issues pertaining to the Ministry of Works and Supply, in terms of how we are trying to improve our internal audit procedures, although the ministry has not had enough personnel to conduct internal audits in a timely fashion. So, we are addressing this issue by not only looking at the required personnel, but also by ensuring that our personnel are properly equipped with things like laptops that they can use when out in the field. In addition to that, we have now scheduled quarterly internal audits so that we follow through up on any payments made and address every item brought out in the Auditor-General’s Report.

 

Mr Speaker, when presentation the report, the chairperson specifically talked about members of staff who have not paid for vehicles that were offered to them. In this regard, I would like to report that a minute was written to all the people involved through the Office of the Secretary to Cabinet, and everyone has paid. There is only one person remaining who is being actively pursued. Further, we recently launched the Public Asset Management Policy, which is intended to help us with the management of acquisition, maintenance and disposal of assets. The other objectives listed in the policy include looking promotion of value for money, transparency and accountability in the acquisition and disposal of public assets. In particular, we are looking at the issue of ensuring that there are adequate financial resources for maintenance of public assets to prolong the lifespan and the usability of the assets. In addition to that, we are establishing a regulatory and operational framework for maintenance of public assets in order to effectively co-ordinate and facilitate public asset maintenance works.

 

Mr Speaker, in terms of optimising Government revenue and minimising expenditure on public assets, we have put in place a committee that will look at the collection of all Government assets through the registration of all public assets. We have started the exercise of recording all public assets in the Public Asset Register. Currently, we have captured over 12,500 properties, and we intend to continue with the exercise. I must state that this is not only about the buildings, but also office equipment, motor vehicles and other public properties. The exercise is also meant to enable us to have a digital register that can trace the movement of all public properties through the public register that we are putting in place.

 

Mr Speaker, it is a policy of the Patriotic Front (PFs) to not condone erring officers who are charged with the responsibility of taking care of Government assets. Therefore, we will follow up the recommendations of your Committee with serious actions so that we minimise audit queries in the future.

 

With those few words, Mr Speaker, I thank you most sincerely.

 

The Ministry of Finance (Mr Ng’andu): Mr Speaker, I thank you for giving me this opportunity to debate. I also thank the Public Accounts Committee for its detailed and elaborate presentation of the report to this House.

 

Sir, the report has brought out a number of issues pertaining to the audit findings of the Auditor-General on the accounts of the republic for the financial year ended 31^st December, 2019.

 

Mr Speaker, the financial management and control systems of the Government are robust and effective. However, in as much as they are robust, they do not prevent abrogation or breach of regulations by every officer. There will be incidences in which officers breach regulations by going against processes that have been established. What is important is that we are able to detect those who abrogate the rules and take the necessary action against every one of them. In this regard, let me respond to the specific issues that have been raised by indicating the measures that the Government has taken to deal with those who are responsible for breaches.

 

Mr Speaker, one concern that has been raised relates to the Ministry of Health in relation to the supply of 50,000 health kits. The recommendation of the Committee is that disciplinary action be taken against the Controlling Officers and the Evaluation Committee members responsible who failed to do adequate due diligence on the bidder’s capacity to execute the contract. In this regard, the Government has charged the Controlling Officer and members of the Evaluations Committee with misconduct in line with the Public Finance Management Act No. 1 of 2018. Further, the contract of the Controlling Officer was terminated while the other officers have been demoted. Additionally, the matter was referred to the investigative wings, which have since completed the investigations and handed over a report to the Director of Public Prosecutions (DPP). That underscores the seriousness with which the Government takes all queries.

 

Mr Speaker, the second issue I want to respond to relates to the failure to collect revenue from the sale of personal-to-holder vehicles by the Ministry of Works and Supply and the Committee’s recommendation that the Controlling Officer withdraws the vehicles from all the officers who violate purchase agreements and that, going forward, all such officers be given a deadline for payment, and that a provision for the lapsing of offers be included in purchase agreements. In this regard, the hon.  Minister responsible for the portfolio has responded, but I want to add that the Government, through the Secretary to the Cabinet, has restructured the motor vehicle scheme for senior public service officials through the use of the Public Service Macro Finance Motor Scheme. Basically, the scheme takes away the basis on which the query arose. Therefore, going forward, this problem will not recur.

 

Mr Speaker, the other area I want to respond to relates to the misapplication of funds meant for the construction of a conference hall at the  Ministry of Foreign Affairs, on which the Committee urges the Secretary to the Treasury to take the necessary disciplinary action against the Controlling Officer for authorising the transfer of donor funds to unrelated activities. In this regard, the House may wish to note that the Controlling Officer for the Ministry of Foreign Affairs was charged in line with the Public Finance Management Act. It is important to remember that we charge people within the rules and regulations in place, not outside them, in as much as some people would like to see more severe punishment meted out.

 

Mr Speaker, the other issue relates to the purchase of properties in missions abroad, mortgage finance leases and delayed commencement of the project, and the Committee recommends that the Controlling Officer ensures that robust mechanisms are put in place to ensure full implementation of all the infrastructure projects as planned. In response, I would like to inform the House that, firstly, the Government regrets the delays caused by the procurement processes. That should not have happened; the projects should have been implemented much quicker. However, I hope that has been a learning process for us. Basically, what we have done is to advance the projects in New York and on the Chancery in Abuja, while projects in Brussels, Geneva and Paris have been completed. The works in Maputo, Harare and Windhoek have advanced while those in New Delhi, Addis Ababa and Washington have also commenced. So, you can see that there is now movement on this issue, and what needs to be done will soon be accomplished.

 

Mr Speaker, the other issue I want to comment on relates to the mortgage finance lease contracts in which the Committee noted that the Government was being over-committed. The Committee also recommends that the Secretary to the Treasury institutes disciplinary action against the Controlling Officer for over-committing the Government. In this regard, the House may, again, wish to note that the Controlling Officer for the Ministry of Foreign Affairs was charged in line with the Public Finance Management Act.

 

Sir, the last issue I want to comment on is on the Land Titling Programme in the Ministry of Lands and Natural Resources, on which the Committee recommends that the Controlling Officer engages the Secretary to the Treasury for requisite funding to fully implement the programme. The House should note that the Government has procured the services of a private company to undertake the programme and that the programme is currently being implemented.

 

Mr Speaker, in conclusion, the Ministry of Finance takes note of the observations and recommendations of the report, and I assure the House that a more detailed report on actions taken in respective of each query that has been raised in this report will be submitted to this House at an appropriate time.

 

I thank you, Sir.

 

Mr Kunda: Thank you very much, Mr Speaker, for allowing me to wind up debate on this very important report. I also thank hon. Members who have debated, namely the hon. Members for Chimwemwe, Serenje, Chienge and Chama South, not forgetting the Minister of Home Affairs, Hon. Kampyongo; the Minister of Works and Supply, Hon. Chalikosa; and the Minister of Finance, Hon. Dr Bwalya Ng’andu.

 

Mr Speaker, it is gratifying to learn that most of the issues that were raised have been dealt with, and I commend the Government for quickly moving in and dealing with our recommendations as soon as they are made and, in accordance with the rules and regulations that we have put in place for ourselves, acting on issues raised by the Auditor-General as soon as they are raised in order to improve accountability. The Government should continue with this spirit.

 

Mr Speaker, I want to emphasise that in terms of procurement, the Government should seriously deal with the people who flout the regulations so that they can be an example to would-be errant officers. Having said that, I would like to thank the House for the support that it has given to the report of the Public Accounts Committee.

 

Mr Speaker, I thank you.

 

Question put and agreed to.

 

_______

 

BILL

 

SECOND READING

 

THE ELECTORAL PROCESS (Amendment) BILL, 2021

 

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

 

Mr Speaker, Article 46 of the Constitution of Zambia, as amended by Act No. 2 of 2016, gives every citizen who has attained the age eighteen years the entitlement to be registered as a voter and to vote in an election by secret ballot. However, the Electoral Process Act No. 35 of 2016 prohibits prisoners and persons in lawful custody from voting. However, as you are aware, a decision of the Constitutional Court in the case of Godfrey Malembeka, suing as Executive Director of the Prisons Care and Counselling Association (PRISCA) versus the Attorney-General and the Electoral Commission of Zambia, Selected Judgment No. 34 of 2017, has made it necessary for us to amend the Electoral Process Act No. 35 of 2016 to achieve two things: firstly, to enforce the provisions of Article 46 of the Constitution and, secondly, to provide for the processes to be followed in ensuring that the right to vote is enjoyed by prisoners and persons in lawful custody.

 

Mr Speaker, this process has been very protracted, having started in 2018. It had to take as much time as it did because many stakeholders had to be consulted and benchmarking done with other countries to ensure that we did not leave any stone unturned. I am happy to report to you and the nation at large that all the stakeholders who were consulted were in agreement with the judgment of the Constitutional Court that Article 46 be put in force in respect of prisoners. All the stakeholders also agreed with the Law Development Commission (LDC), which led the process of consultation. Therefore, the Bill before the House is a culmination of consensus.

 

Sir, I am very delighted that your Committee invited various stakeholders to come and reaffirm their positions. It also invited me to address it, and I am very happy to report to you that I had a very cordial meeting with it in which I indicated that Parliament was the one that made laws and that if there were any areas where the Committee thought the Bill could made better, the Committee was at liberty to make proposals so that, together, we could come up with a law that would satisfy not only the current population, but posterity as well.

 

Mr Speaker, I would not like to waste too much of your time because the interaction I had with the Committee was very cordial, and we agreed on a number of issues. So, I will just request Parliament to support this amendment.

 

I thank you, Sir.

 

Mr Jere (Livingstone): Mr Speaker, pursuant to Article 46 of the Constitution of Zambia, every Zambian citizen who has attained the age of eighteen years is entitled to be registered as a voter and to vote in an election by secret ballot. However, the Electoral Process Act No. 35 of 2016 precludes persons in lawful custody from voting. It is for this inconsistency that the Constitutional Court was petitioned to pronounce itself in the case of Godfrey Malembeka, suing as Executive Director of Prisons Care and Counselling Association (PRISCA) versus Attorney-General and the Electoral Commission of Zambia, Selected Judgment No. 34 of 2017. This case was centred on the right of prisoners to vote. The Electoral Process (Amendment) Bill, therefore, seeks to operationalise the right to vote for persons in lawful custody and those whose freedoms of movements are restricted under any written law, regulate the distribution of campaign materials in prisons by candidates in an election, and prohibit the announcement and declaration of results by unauthorised persons, among other objects.

 

Sir, while the Bill has generally been supported by stakeholders, there are a few areas of concern that I now wish to highlight.

                                                                                      

Mr Speaker, the Committee is concerned that legally disqualifying a person from exercising their right to vote on the basis that legal capacity is affected by their mental illness, mental disorder or mental disability is discriminatory and in violation of Article 46 of the Constitution, which has given the franchise to any citizen who has attained the age of eighteen years. The Committee notes that the Constitution only provides two grounds for disqualification, namely non-citizenship and being below eighteen years of age. Mental capacity is, therefore, not a factor contemplated by the Constitution for disqualifying a person from voting. In any case, certain mental illnesses and disorders are momentary due to different factors, such as the environment, stress or pandemics. In this regard, the Committee recommends that the term ‘legally disqualified’ be deleted from the Bill so that a person is only disqualified from registration as a voter if that person is not a citizen or is not in possession of a National Registration Card (NRC).

 

Mr Speaker, the Committee is of the view that for the security and safety of both inmates and the public, members of the public must be excluded from voting in polling stations established in prisons and correctional centres. Instead, members of the public should continue to use polling stations established by the Electoral Commission of Zambia (ECZ) outside correctional centres and prisons. The polling stations established in prisons should be strictly for prisoners. The Committee, therefore, recommends that Section 24(a)(1) be amended so as to exclude the phrase “member of the public” and that Section 24(d) be deleted altogether. Further, the electoral body should, as much as possible, ensure that prisoners vote within the prisons or correctional centres where they are incarcerated. 

 

Sir, the Committee welcomes the proposed insertion of Section 24(b) to allow access to a prison or correctional centre by a candidate in an election for the purpose of distributing campaign materials. However, the Committee is aware that this undertaking is complex, and the Bill should have prescribed how that should be done. The Committee, therefore, recommends that elaborate electoral regulations be formulated so as to clarify the modalities for implementing the provision in order to avoid ambiguities and for the purpose of ensuring fairness.

 

Mr Speaker, while the Committee welcomes the mandatory access to polling stations by stakeholders like the electoral body, observers, monitors and polling agents, it is concerned that the provision does not include civil society organisations (CSOs), which are key stakeholders in civic and voter education. The Committee, therefore, recommends that for purposes of providing civic and voter education, which is vital to the electoral system, CSOs be allowed access to polling stations in prisons. Further, it recommends that mandatory access to polling stations by monitors, observers and polling agents be not restricted to the polling day only as proposed by the Bill, but also before and after the election day.

 

Sir, the Committee is perplexed by the amendment of Section 89, which seeks to prohibit the announcement and declaration of results by unauthorised persons, as the Committee is of the view that the amendment will have a chilling effect on the public and endanger the free flow of information. It will further criminalise some modern tools of election observation and prevention of fraud, such as parallel vote tabulation (PVT). The Committee, therefore, recommends that this provision be deleted, as a similar provision already exists under the principal Act. Further, the Committee recommends that the electoral body clearly states who has lawful authority to announce and declare election results.

 

Mr Speaker, in conclusion, I thank you and the Clerk of the National Assembly for the guidance provided to the Committee. I also thank all the stakeholders for their written and oral submissions.

 

Mr Speaker, I thank you.

 

Mr Mwiimbu (Monze Central): Mr Speaker, as I debate the Bill presented for second reading by the hon. Minister of Justice, I would like to state in no uncertain terms that I do not agree with the recommendation of your Committee that prisoners vote in prison cantonments.

 

Sir, it is trite to state that prison cantonments are regimented and what transpires in those facilities is usually under instruction. It is, therefore, not in the interest of the prisoners and the participating parties that the vote for prisoners should be separated from that of the general public. I have no doubt in my mind that in the event that the vote does not go in favour of the one who is ruling in the prisons and the prisoners are allowed to vote separately, there will be recriminations. We should not be seen to be allowing certain categories of individuals to be identified in the way they are going to vote. It should not be that way. As I debate and support my argument, I would like to bring out the fact that military officials vote outside military cantonments so that their voting patterns are not identifiable; they vote together with other ordinary citizens. That is the way democracy thrives, and that is the way it should be. It is in that light that I suggest that the proposal by the Committee be not accepted by this House.

 

Sir, further, on the issue of security for the public and the inmates, themselves, it will be the responsibility of the Ministry of Home Affairs to ensure that at any polling station where prisoners will vote from, police officers will provide security. Alternatively, I suggest that if the prisoners are made to vote from dedicated centres outside the prison cantonments, their votes should be mixed together with the votes of members of the public. We should not be heard saying, “If these votes are for me, they are from prisoners.” It should not be like that. All votes must be for members of the public who will include prisoners themselves. The prisoners must vote together with other members of the public outside prison facilities. So, I do not support the amendment the Committee is proposing.

 

Mr Speaker, I am concerned about the issue of prohibiting the publication of results, and I agree with the recommendation of the Committee that it be deleted. Currently, there is a law in place in which the electoral officials at a polling station are authorised to announce the results, after which any member of the public can transmit the results to anyone as long as the results have been announced officially. However, the way the provision has been couched will entail that anyone who will relay information or results that have been published at a polling station will commit an offence. By the way, this provision tallies with one of the provisions of the Cyber Security and Cyber Crimes Bill. So, these two laws should be read together in order for one to understand the intention.

 

Sir, we should not pass laws that are intended to inhibit the flow of information in this country. What mischief will be created if the results are announced at a polling station as provided for by the current law? What mischief are we curing? There is no mischief whatsoever. In my considered view, there is no need for this clause in the Electoral Process Bill because it is retrogressive and not in the interest of anyone. So, I agree with the recommendation of the Committee that the proposal be rejected.

 

Mr Speaker, with those few remarks, I end my submission.

 

I thank you, Sir.

 

Mr Simbao (Senga Hill): Mr Speaker, I thank you.

 

Sir, I am totally in support of this Bill, and I commend the Committee for its hard work. It looks like the Committee put in a lot of hard work.

 

Mr Speaker, I agree with the recommendation on the voting patterns. The provision changes nothing; it is just like things are today. Southerners are known to vote as southerners and northerners are known to vote as northerners, and it shows what each side of the country says. So, this is an opportunity given to the prisoners to put their opinion across to the nation and the Government in place.

 

Mr Speaker, concerning the handling of results, I think things have been worsened by allowing everyone to play around with results. We always compare ourselves with other countries, but other countries have put in place so many safeguards that nothing can go wrong with what they do. In this country, however, there are no such safeguards. So, we must be very careful with how we handle our results, and I am in total support of what the Committee has recommended.  

 

Mr Speaker, the present Government is loved by everyone, including the prisoners. So, not allowing the prisoners to vote or give their opinion is not right, and this Bill is right to give them that right.

 

Sir, I must also say that the present President is really loved by everyone, and I am sure that everyone would like to show that how they love him by showing that they voted for him. The President has shown them no change of character from before he was President to now that he is President. He has remained humble and simple, and these are attributes people want to see because being in State House is not something very simple. People change character anywhere in the world once they get into that kind of office, but this President has not.

 

Sir, the President has done things for prisoners. For example, he has built them new prisons and changed the name from ‘prisons’ to ‘Correctional Services’. I think that is pleasing not only to the prisoners, but also to every one of us.

 

Mr Speaker, I support the Committee’s report in full, and I urge the people to think through this Bill because it is meant to keep a good Government in place. Whoever takes over the Government and is good should be kept, and a good President should be given his ten years in office, not some funny six years or something. The President is doing well and is committed to his promises. So, everyone must participate in voting for this President so that he can continue.

 

I thank you, Mr Speaker.

 

Mr Ngulube (Kabwe Central): Mr Speaker, thank you for giving me this opportunity to add my voice to the debate on the proposed amendment to the Electoral Process Act.

 

Mr Speaker, every time after elections, there is a lot of speculation regarding who has won. As a result, some people easily get excited to the extent of burning tyres, blocking roads and engaging in other similar acts based on unverified media reports. Elections anywhere in the world are not a business for every Jim and Jack. In Zambia, there is a culture of people just fabricating figures on social media. For example, in 2016, we saw that people wake up and create figures for a certain area that were above the registered voters and claim that some person had won, and that person equally got excited to the extent of insulting Judges in court. Now, we have learned our lesson. So, there is nothing wrong in saying that only the Electoral Commission of Zambia (ECZ) should be allowed to announce official results, as far as I am concerned. Even if a polling station announces results here, where we are, the ECZ must verify those results before announcing them to the public, and that is why the announcement of results takes long.

 

Mr Speaker, as regards the issue of voters in prison or wherever, the right to vote is the same regardless of where you vote from. As far as I know, most prisons have electoral centres, as they have schools while others are close to schools or have registration centres. So, whether the prisoners will vote from inside prison or outside is a question of security. Some prisoners are in lawful confinement and cannot be allowed to go and vote out of prison because, if they go out of prison, who will bring them back? That is the question. If we open the prisons and let the prisoners go out to vote, they will all go and vote, but who will bring them back? We must not compromise the security of this nation. Some of the prisoners are dangerous criminals, and once we let them loose in society like that, it will be very difficult get them back into confinement.

 

Mr Speaker, I support the proposed amendments wholeheartedly knowing that we are all politicians and we all get excited when it comes to votes. However, we must not dent the image of this country simply because people are dying while still in the Opposition. I am aware that being in the opposition for more than twenty years is enough frustration for many people, but should we allow ourselves to fail to govern this country –

 

Mr Ngulube was inaudible.

 

Mr Ngulube: They did not want amendments to the Constitution, and now they have all been trapped. All the things that they rejected in the proposed Constitutional amendments are now haunting them. We cannot go into an election without amending the laws because, legally speaking, when a person is in prison, their freedom of movement is curtailed by the law. So, we have to move with the rest of the world.

 

Mr Speaker, as I conclude my debate, allow me to state that some political parties have failed even to come up with their own manifesto; they are still getting documents from other –

 

Mr Speaker: Hon. Member for Kabwe Central, are you done with your debate?

 

Mr Ngulube: Mr Speaker, I am about to wind up.

 

Mr Speaker: No, you are done with your debate because you are veering off the subject. I will not allow you to go there.

 

Mr Ngulube: Mr Speaker, I am sorry.

 

Sir, allow me to wind up my debate by stating that the proposed amendments are for the good of this country and are meant to protect the integrity of elections. The ECZ has enough capacity to transmit the results, and we do not need any speculation. The ECZ does not need anybody to help it. That is why it is an autonomous body funded by the Government and approved by the National Assembly.

 

Mr Speaker, with those few remarks, allow me to state that everyone must support the proposed amendments and that we are all going to make sure that the proposed amendments are implemented before the next general elections.

 

Mr Speaker, I want to be a good boy.

 

I thank you, Sir.

 

Laughter

 

Mr Speaker: Well, I will not stop you from relegating yourself from that status.

 

Laughter

 

Mr Speaker: We will conclude this debate in this fashion: we will have the hon. Member for Zambezi East, followed by the hon. Member for Kasempa, the hon. Member for Serenje, the hon. Minister of Home Affairs and, thereafter, the hon. Minister of Justice will wind up the debate.

 

Mr Kambita (Zambezi East): Mr Speaker, from the outset, I wish to state that the proposed amendments to the Electoral Processes Act are skewed in favour of the Ruling Party. However, I will zero in my debate on voting in prisons.

 

Mr Speaker, to start with, we all had our doubts and questioned the motive behind prisoners voting, especially given the fact that there were no elaborate processes and consultations made to ensure that the voting of prisoners was well taken care of without any bias towards the Ruling Party. Here we are having another argument on the Floor before the elections are even held. Our argument is that it sounds, from the debate of especially those on your right hand side, that the amendments are skewed towards allowing prisoners to vote in the correctional facilities as opposed to voting with the rest of the public in well-known polling stations. This being the case, it goes without saying that the ruling party has something hidden above its sleeves. We cannot rule out the fact that something fishy is being brewed to ensure that we, as the Opposition, are excluded from either campaigning or protecting the vote of the prisoners as they vote according to their wishes. What else can we speculate on, apart from what I have just, when there are all these arguments being pushed?

 

Sir, we know the Patriotic Front (PF). By now, I think we know the PF very well. When you see them move an agenda, just know that there is something hidden behind it. Therefore, –

 

Mr Speaker: Hon. Member for Zambezi East, the rules of the House, etiquette in particular, does not permit you to make those insinuations. You are debating a Bill, and there are principles at hand; logic among them. Focus on that. Do not make insinuations.

 

Mr Kambita: Mr Speaker, thank you for your guidance.

 

Sir, my line of debate is focused on the debate of the hon. Deputy Government Chief Whip, as our colleagues seem determined to ensure that the proposed amendments are pushed the way they are and according to the way they feel the law should be without considering our sentiments. That is the reason we are saying that there is something hidden behind this.

 

Mr Speaker: I have just guided you, hon. Member for Zambezi East. Do not persist on those lines, lest I curtail your debate.

 

Mr Kambita: Thank you very much, Mr Speaker.

 

Sir, at the end of the day, I simply wanted to make the point that we are not safe with the PF pushing the agenda of prisoners voting in prisons. Let them vote from the public polling stations.

 

I thank you, Mr Speaker.

 

Ms Tambatamba (Kasempa): Mr Speaker, thank you for allowing me to add a few words to the debate on the very important Motion on the Floor of the House, which hinges on good governance and the people’s rights basically put on two sides of the coin for each other. There is good governance on one hand and people’s rights on the other. So, as we debate this issue, we ought to think about these issues.

 

Sir, good governance implies that as we seek to meet people’s rights, we do our job to ensure that the management of the changes that we introduce is well articulated and analysed in its breadth and depth. I say this because doing things in a haphazard manner will leave everyone, including those who support the introduction of such amendments, in a quandary.

 

Mr Speaker, the management of change requires that we study the ramifications on everybody who is identified to be a player in this Motion on the Floor, that is, the prisoners, of course, being at the centre; the other citizens because they include those who will manage the elections; the non-governmental organisations (NGOs), and the political parties that will need to campaign. When we bring all these factors together, we ought to be clear that they will be able to meet their objectives or goals on an equal basis. So, we need to make sure that is done. For example, prison communities are fluid; prisoners move in and out of prison. How will that be handled in the management of change context? We would need to look at how those who enter prisons after registration of voters has will be taken to where they registered and how those who exit prisons will be traced and taken back to vote where they registered. Further, prisons or correctional facilities are not gazetted as polling stations. How will that be handled? What procedures have been put in place to ensure that what has been proposed by the Committee is done according to the rule of law?

 

Mr Speaker, one of my colleagues who have spoken said that we do not have enough safeguards. If we do not have enough safeguards, we must not move an amendment of this type so fast because we must, firstly, fully understand the ramifications and, then, make recommendations, and put procedures and systems in place that will ensure that everything flows properly. Another colleague said some of the prisoners are dangerous criminals. How will those be managed to ensure that those who will go to the prisons to campaign and do other related things are safe? How will we ensure that no more crimes are committed in the process of voting? What I am trying to say here is that when proposing such a law or an amendment, we need to ensure that we have put in place mechanisms that will clarify the implications of the measures we put in place so that there is a win-win situation for everyone involved. We will have ourselves to blame if a risk assessment is not conducted, and measures and procedures are not put in place to ensure that this works properly.

 

Mr Speaker, I am hesitant to support the Motion on the Floor.

 

Mr Speaker, I thank you.

 

Mr Kabanda (Serenje): Mr Speaker, thank you for giving me the opportunity to debate this Bill, which seeks to amend the Electoral Commission of Zambia Act, and the pronouncement by the Constitutional Court that everybody is eligible to vote, including prisoners.  

 

Sir, first of all, it was not the Government’s intention to allow the prisoners to vote.

 

Mr Kabanda was inaudible. 

 

Mr Speaker: Hon. Member for Serenje, are you still there?

 

Mr Kabanda: Mr Speaker, this Bill is well intended because it would be unfair for prisoners to be precluded from voting, as they are also citizens of this country who are entitled to exercise their rights. So, there is nothing wrong with allowing them to vote. Moreover, no one is going to instruct them on the manner in which they are going to vote because a vote is secret; they will go into the ballot booth alone and cast their votes unguided.

 

Sir, the Electoral Commission (Amendment) Act provides that only a District Electoral Officer has the mandate to announce results. The reason is that it would be confusing to allow every Jim and Jack to announce the results from the respective polling stations. There is the controversial Electoral Commission of Zambia (ECZ) Form 12, on which the polling agents have to append their signatures, and they will know who has won at that polling station. If respective political parties want to do parallel voter tabulation (PVT), they can do it, but the announcement cannot be made from that end. The District Electoral Officer will exercise his/her mandate to announce the election results because if that is left to every Jim and Jack, I am sure that we shall see a lot of confusion in the electoral process.

 

Mr Speaker, I think that the Government of the Republic of Zambia under His Excellency the President, Mr Edgar Chagwa Lungu, has been transparent in the manner it conducts the electoral process. The fact that certain players may not be happy with the process does not mean that the whole process is flawed. Certainly, not everybody can be happy with everything. There are certain people who have been casualties. For example, the Grade 12 Certificate issue was not introduced by the Patriotic Front (PF) Government; it was also a pronouncement of the courts of law, and it has affected people on both the right and left of this House. Some people have become casualties. Similarly, the Electoral Process Act is not going to please everybody and there will be some casualties on the way. There is no law in this country that pleases every citizen. There are certain laws that some citizens feel are not user-friendly. So, one cannot say that the Electoral Process (Amendment) Bill is bad. In my view, it is a good because we cannot have mouthpieces everywhere; we cannot have a situation in which everybody is singing because there would be confusion. So, I support the amendments.

 

I thank you, Mr Speaker.

 

The Minister of Home Affairs (Mr Kampyongo): Mr Speaker, thank you very much for giving me this opportunity to make a few comments on the Bill under discussion, which is being amended.

 

Sir, as the ministry responsible for correctional facilities and keep the people whose rights we are debating through the proposed amendments, we are very grateful to the distinguished learned Judge, Roydah Kaoma, the Chairperson of the Law Development Commission (LDC), for working with the Ministry of Justice to come up with this Bill. The two engaged in wide consultations with all the stakeholders, including the Ministry of Home Affairs, and that is what happens when a Government is transparent and wants the relevant stakeholders to participate in matters like this one.

 

Mr Speaker, we welcome the recommendation by your Committee that some polling stations be restricted to inmates only. However, my colleagues and the nation must know that some people who registered as voters whilst they were inmates could be out of the correctional facilities by the time we will be voting. So, they may be allowed access into the correctional facilities to exercise their right to vote. So, there will such unique cases.

 

Sir, the other issue raised in your report is that of distribution of materials. Regarding that, in as much as the inmates are going to exercise their right to vote as pronounced by the Constitutional Court, it must also be understood that they still have limited liberties. So, we are not going to allow the confusion of seeing disorganised people with different regalia in the prisons. You explained what a prison is and who should be in it, and that is why we give prisoners uniforms to wear. So, we do not expect assorted regalia in correctional facilities, but some materials will be acceptable. Further, this morning, I presented the Zambia Correctional Service Bill for First Reading. That Bill also speaks to the Bill under discussion in terms of access to correctional facilities.

 

Mr Speaker, let me quickly comment on the proposal by Hon. Jack Mwiimbu.

 

Sir, we cannot compare the inmates to the people in military cantonments because the difference is too big. The people in correctional facilities are there for a reason, and they are not supposed to be with the rest of the society while the people in military cantonments go about their business despite being in the areas where they operate from. I cannot imagine getting all the 3,000 inmates from Kamfinsa and taking them to a particular polling station. How practical is that, Hon. Jack Mwiimbu? That is not practical.

 

Sir, the inmates will exercise their right to vote in the areas where they are; where they registered, and that is where their polling stations are. So, any changes to the Act may not be tenable. We have been proactive in facilitating the Electoral Commission of Zambia’s (ECZ’s) access to our facilities, and many other regulations will be followed as indicated in the Zambia Correctional Service Bill. So, in a nutshell, there should not be any fears at all as to how the prisoners are going to exercise their right to vote. I assure the nation that correctional facilities will remain correctional facilities despite our inmates exercising the right to vote.

 

Mr Speaker, I thank you.

 

Mr Speaker: Hon. Minister of Justice, I am mindful that there are many issues that have been raised, but I really want us to decide whether this Bill should be read for the second time before we adjourn. We have only five minutes, which is very limited time, to decide on the question.

 

Mr Lubinda: Sir, indeed, there is limited time and many issues have been raised. However, let me just focus on the important ones.

 

Mr Speaker, the first issue I want to focus on is that of momentary mental disorder. The law does not speak at all of the exclusion of people who have momentary mental disorders; it speaks about legally-disqualified people. I refer your Committee to the Mental Health Act No. 6 of 2019. Had the Committee read particularly Section 4 of that Act, which prescribes who a legally-disqualified person is, it would not have wasted time talking about the issue because it is very clear that a person will only be declared legally disqualified by a competent court of law. It is not just any person who can wake up and say because of the Coronavirus Disease 2019 (COVID-19), you have momentary mental disorder and, therefore, you do not qualify to vote. That is not the intention of the law. The intention of the law is as to keep the electoral in tandem with what is provided for in the Mental Health Act.

 

Sir, the issue of inmates voting in public has been well addressed by my colleague, the hon. Minister of Home Affairs. However, I want to remind us that, initially, the intention was that the prison polling stations be a preserve for prisoners. However, in a meeting, the United Party for National Development (UPND), which is represented by Hon. Jack Mwiimbu, was well represented at a very high level, said if that happened, we would make it difficult for the prisoners to vote because they would be intimidated because the small numbers in the prison polling stations would make it possible to trace how people voted. That is how we agreed to allow members of the public domiciled near prisons to also vote at polling stations in prisons. That was a response of us in the Government to a request made by the Opposition. Therefore, we should not be blamed for implementing a recommendation that was made by them.

 

Mr Speaker, the law does not say that access to prisons by monitors, observers and polling agents is limited to the polling day; it says that an officer will allow monitors, observers and polling agents to monitor elections, and any person who has participated in elections knows that monitoring them is not done only on the polling day, as there is pre- and post-elections monitoring. So, the law is very clear, and I wonder why people tend to read much more into the law than what is there.

 

Sir, I indicated that I appeared before your Committee. During that interaction, I encouraged your Committee, and the Committee quotes me saying:

 

“Regarding the distribution of campaign materials in the prisons and correctional centres, the hon. Minister of Justice enjoined the Committee to come up with ways or systems of distribution of campaign materials which would be acceptable to all parties.”

 

Mr Speaker, I was very magnanimous and told the Committee that we have written in the law that the process would be prescribed because at that time, we thought that the Bill would be too detailed. However, I pleaded with my colleagues that, as hon. Members of Parliament, if they had brilliant ideas, they should not hide them, but bring them to the fore. I want to say that Parliament, indeed, means ‘parlé’, to talk. However, it means to talk about things that make sense and for the benefit of the people. To just come to Parliament and criticise without taking any actions to make sure that your brilliant ideas are actually captured in the law is a waste of people’s time.

 

Sir, I gave your Committee the opportunity to make proposals to us, but the Committee did not want to use that opportunity. I heard somebody say that this law is skewed towards the Ruling Party. The law is before him now. If there is any clause in this Bill that is skewed towards the Ruling Party, I ask him to amend it now. He should not just talk and use Parliament as an anthill for politicking; he should use Parliament to develop laws. All of us in Parliament have an equal opportunity and right to amend laws and make them to suit our agenda. The hon. Member for Zambezi East has the opportunity to propose a clause that will make this law skewed towards him. He should do it now so that I can argue with him on his proposal. Instead of arguing baselessly, he should argue because he wants to make progress in the governance of this country.

 

I thank you, Sir.

 

Question put and agreed to.

 

Mr Speaker: Order!

 

(Debate adjourned)

 

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The House adjourned at 1155 hours until 1430 hours on Tuesday, 20^th April, 2021.

 

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