Tuesday, 4^th May, 2021

 

The House met at 1430 hours

 

[MR SPEAKER in the Chair]

 

NATIONAL ANTHEM

 

PRAYER

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QUESTION FOR ORAL ANSWER

 

SENIOR CHIEF SHAKUMBILA’S PALACE

 

197. Mr Hamusonde (Nangoma)   asked the Minister of Chiefs and Traditional Affairs:

 

1. whether the Government has any plans to construct a palace for Senior Chief Shakumbila in Nangoma Parliamentary Constituency;
2. if so, when the plans will be implemented;
3. what the estimated cost of the project is; and
4. what the estimated time frame for the completion of the project is. 

 

The Minister of Chiefs and Traditional Affairs (Mr Sichalwe): Mr Speaker, the Government has plans to construct a palace for Senior Chief Shakumbila in Nangoma Parliamentary Constituency.

 

Sir, the plans to construct Senior Chief Shakumbila’s palace will be implemented in the subsequent phases, as the Government is constructing these palaces in phases. The estimated total cost of the palace will be determined once the procurement process of construction has been done. The estimated time frame for completion will be determined subject to the answer at part (c) of the question.

 

Mr Speaker, I thank you.

 

Mr Hamusonde: Mr Speaker, what criterion did the Government use to build these palaces? Compared to some places like the Northern Province where palaces were built, Nangoma, where my chief is, is very near. So, what method does the Government use to prioritise who to build these palaces for first? How does it prioritise?

 

Mr Sichalwe: Mr Speaker, the Government is constructing three palaces per province and Nangoma falls under Central Province. The three palaces that the Government is earmarked to construct in Central Province are for Chief Moono, Chieftainess Serenje and Chief Chipepo. The criterion being used is that of constructing three palaces in a particular phase. Therefore, in this current phase, the Government is working on the three palaces that I have mentioned in Central Province.

 

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BILLS

 

SECOND READING

 

THE CANNABIS BILL, 2021

 

The Minister of Health (Dr Chanda): Mr Speaker, I beg to move that the Bill be now read a second time.

 

Mr Speaker, may I start by thanking you for according me this opportunity to present this policy statement on the principles of the Cannabis Bill, No. 31 of 2021.

 

Mr Speaker, according to the World Health Organisation (WHO) guidelines for the control of narcotic drugs and psychotropic substances, the use of abuse of drugs of natural origin have been known since antiquity. For centuries, man has tried to escape from the unpleasant features of life whether real or imaginary by using fermented liquors or plants such as opium, cocoa leaves, cannabis and khat.

 

Mr Speaker, in Zambia, drugs have been used in the relief of pain and anxiety in health conditions such as cancer, human immunodeficiency virus and acquired immuno-deficiency Syndrome (HIV/AIDS) to mention but a few. In order to ensure that the drugs are rationally used to benefit the Zambian population and at the same time prevent their misuse and abuse, there is a need for a robust legal framework to be put in place.

 

Sir, the current legislation is inadequate in dealing with many issues related to the regulation of dangerous drugs in the country. The Dangerous Drugs Act, Cap 95 provides for the control of the importation, exportation, production, possession, sale, distribution and use of dangerous drugs such as cannabis. The Narcotic Drugs and Psychotropic Substances Act, Cap 96 provides for the control in trafficking and illicit use of the controlled substances. In addition, the Medicines and Allied Substances Act No. 3 of 2013 provides for the regulation of medicines of which some are controlled substances such as morphine, pethidine, codeine, diazepam  and phenobarbital to mention but a few.

 

Mr Speaker, in order to address the challenges that have been identified in the control of drugs in the country, in 2018, the Ministry of Health undertook a comprehensive regulatory impact assessment that led to the development of the Controlled Substances Bill, which is currently undergoing drafting at the Ministry of Justice.  

 

Sir, the Controlled Substances Bill, which will soon be introduced in this august House, seeks among others, to repeal and replace the Dangerous Drugs Act. Pursuant to the Government’s identification of cannabis as an economic commodity that has the potential to contribute positively to the development of the country through the cultivation, processing and exportation of medicinal cannabis and industrial hemp, the Government took a major policy decision to review all the relevant pieces of legislation in order to facilitate the growing of certain varieties of cannabis plants for medicinal and industrial use.

 

Mr Speaker, the following are some of the pertinent issues that the Government took into consideration for the cultivation programme of cannabis for medicinal purposes:

 

1. the cultivation, processing, storage and distribution of cannabis for medicinal, scientific and research purposes, should be conducted in a controlled, cautious and phased manner to avoid abuse which could lead to moral decay;
2. the cultivation of cannabis will be done on a pilot basis by the Zambia National Service (ZNS) before the programme is cascaded to members of the public or private institutions intending to invest in the programme;
3. co-ordination in the value chain on cannabis shall be conducted in a multi-sectoral and one Government approach involving all key stakeholders; and
4. regulatory functions shall be issued through statutory instruments by the President from time to time, provided that the said statutory instruments will incorporate the Ministry of Health in collaboration with all key stakeholders such the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Agriculture and the Ministry of Commerce, Trade and Industry.

 

Mr Speaker, in order to facilitate the implementation of the cultivation of cannabis in the country, a comprehensive review of the various pieces of legislation was undertaken as referred to earlier and a thorough analysis of the requirements under the United Nations (UN) Single Convention on Narcotic Drugs of 1961, was conducted and this lead to the development of the Cannabis Bill that is before this august House.

 

Mr Speaker, 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 and 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 Coordinating Committee (NCCC) and provide for its functions;
5. domesticate the Single Convention on Narcotic Drugs, 1961; and
6. provide for matters connected with, or incidental to, the foregoing.

 

Mr Speaker, the House may wish to note that the Bill has empowered the Zambia Medicines Regulatory Agency (ZAMRA) to perform the function of licensing under the Bill as opposed to the current Dangerous Drugs Act, Cap 95, which is silent on the implementing agency or body. The punitive measures proposed in the Bill are more deterrent compared to the current Dangerous Drugs Act.

 

Mr Speaker, the Cannabis Bill adopts a model of an agency, which comprises more than one state agency, or institutions which have been assigned roles of the agency as stated in the Single Convention on Narcotic Drugs. The ZAMRA shall licence cultivators including related activities upon recommendation by NCCC while the Zambia Medicine and Medical Supplies Agency (ZAMMSA) shall perform the role of taking possession of the cannabis crop within four months of harvesting except where the cannabis will undergo value addition inter alia extraction of cannabinoids (ingredients) or manufacture of medicinal products.

 

Mr Speaker, let me repeat that ZAMRA shall license cultivators, including related activities upon recommendation by the NCCC, while ZAMSA, formerly Medical Stores Limited, shall perform the role of taking possession of the cannabis crop within four months of harvesting except where the cannabis will undergo value addition inter alia extraction of cannabinoids (ingredients) or manufacture of medicinal products.

 

Mr Speaker, further, due to high potential of abuse, by virtual of capacity to affect the mind, the Bill provided for high restriction in respect of security measures as while as control of conditions for the cultivation of the cannabis crop in order to obtain the desired quality of Tetrahydrocannabinol (THC).

 

Mr Speaker, the legitimate cultivation of the cannabis crop is novel to the Government. In view of the nature of the cannabis crop, it will be considered for cultivation under very close watch through the ZNS to begin with, before the President of the Republic of Zambia permits other players to cultivate the cannabis, in accordance with the provisions of the Bill.

 

Mr Speaker, to underpin the point, the ZNS will act as a pilot in order to learn lessons in this novel field, which will inform decisions before other actors can get involved in the cultivation of the crop. We have good examples in Lesotho and Uganda, which have gone ahead to do this.

 

Mr Speaker, in view of the high inherent investment cost needed to assure security and achievement of the desired grade of the cannabis, indigenous Zambians can participate in the venture through deliberate polices of the Government which will support the locals. For example, the leasing of land to investors where such cultivation of cannabis will take place is one of the ways locals will benefit and will get to own the land. In addition, a policy where investors partner with locals in the venture should be promoted.

 

Mr Speaker, ZAMSA will purchase or cannabis which will be harvested except those for value addition such as in manufacturing and will have exclusive rights to trade in and export to other markets such as Europe, America and others. The Bill has sufficient provisions for appropriate statutory instruments and the guidelines to be issued to ensure smooth implementation of the cultivation of cannabis crop in the country for medicinal scientific and research purposes.

 

Mr Speaker, the Bill has established the NCCC, which has a membership drawn from key institutions. It has also provided for the functions of the NCCC so that potential administrative and regulatory barriers that might create obstacles to the smooth implementation of the provisions of the Bill are addressed in a more co-ordinated and coherent manner.

 

Mr Speaker, the Bill creates an avenue for the manufacturing of alternative medicines for the treatment of certain health conditions using medicines derived from the cannabis. The Bill has taken into account that cannabis flowers and extracts usually contain the two cannabinoids –THC and Cannabidiol (CBD), but the percentage of each can vary greatly by plant variety and by growing technique. The THC can cause intoxicating effects while the CBD has been associated with some health benefits. In line with the requirements of the Single Convention on Narcotic Drugs, 1961, the Bill has excluded cultivation of cannabis plant with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent as there is no significant risk to public health and this is exclusively for industrial use to be regulated under the Industrial Hemp Bill, 2021, which is another Bill that is currently before this House.

 

Mr Speaker, further, the House may wish to note that the Bill provides an opportunity on one hand for foreign investment in the cultivation of cannabis for medicinal research and scientific purpose and on the other hand for local communities to enter into partnerships with investors, both local and foreign, in the cultivation of cannabis for economic purposes.

 

Mr Speaker, in summary, the Bill seeks to domesticate the Single Convention on Narcotic Drugs, 1961 and to ensure that the cultivation of cannabis is done for medicinal, research and scientific purposes.

 

Mr Speaker, Bill which is before us today is progressive and I wish to urge all hon. Members of this august House to support it.

 

Mr Speaker, I beg to move.

  

Dr Kalila (Lukulu East): Mr Speaker, thank you very much for this opportunity to react to this very important Bill. In accordance with its terms of reference, as provided for under Standing Order 157 (2), your Committee was tasked to scrutinise the Cannabis Bill, No. 31 of 2021.

 

Sir, the House may wish to note that in 2019, the Government announced that it would propose legislation to allow for the cultivation of cannabis for medicinal, scientific and research purposes. It has been scientifically proven that cannabis contains dozens of active substances that have an effect on the human body and on the brain.

 

Mr Speaker, in this regard, stakeholders were invited to weigh in on the proposal and give suggestions on how this legalisation of cannabis production could be done. To this effect, the Government took cognisance of the need to come up with regulations and guidelines to properly guide persons interested to venture into this business. Further, the Government recognised the need to come up with proper control measures to ensure that there was no illegal activity in the growing of cannabis and to avoid its abuse.

 

Sir, in view of the foregoing, the Government has, therefore, introduced the Cannabis Bill, 2021, as has already been highlighted by the hon. Minister to, among other things, provide for the regulation of cultivation, manufacture, production, storage, distribution, importation and exportation of cannabis for medicinal, scientific and research purposes.

 

Mr Speaker, since the hon. Members are privy to the contents of the report, let me just highlight three issues that caught the attention of your Committee regarding this Bill. The primary beneficiaries of this Bill should be patients, above commercial interests, because what the Bill seeks to do is to provide for the production cannabis for medicinal, scientific and research purposes.

 

However, your Committee observes with concern that despite Clause 34(1) outlining individual persons, professionals and entities that are legally authorised to possess cannabis or its derivatives under this Bill, the list does not include patients to whom such products are prescribed as medication for use over a short period of time in the course of routine medical practice or how the patients can directly access this product for medicinal purposes in order to manage their medical condition on their own. Your Committee notes that this is the case even for restricted medical products such as those used in the management of cancer and in palliative care.

 

Sir, in view of the foregoing, your Committee contends that cannabis and its medicinal derivatives should not be exceptions to normal medical practice. Therefore, the provision should be amended to include patients or sufferers who should be allowed to possess this substance under legal prescription.

 

Mr Speaker, the second issue that caught the attention of your Committee relates to Clause 28. Your Committee expresses concern that the Bill, under this clause, provides that once the Bill is enacted, no person apart from the Zambia National Service (ZNS) will be allowed to cultivate cannabis for a period to be determined by the President, and such a period may be extended.

 

Sir, your Committee contends that the purpose of legalising cannabis cultivation is, inter-alia, to also empower other farmers, whether commercial or small-scale. Therefore, allowing the ZNS to be the only institution to be granted a licence to cultivate the crop for a certain period to the exclusion of other players is not only discriminatory, but also impedes participation by rural farmers, chiefs and others that may wish or have the capacity to venture into the cannabis value chain.

 

Mr Speaker, additionally, as you are aware, the ZNS is a military institution which cannot be controlled, regulated and monitored by the World Health Organisation (WHO), the United Nations (UN), the International Narcotics Control Board (INCB) and the Zambia Medicines Regulatory Authority (ZAMRA), which is the lead agency, among other organisations. Best practice also shows that worldwide, military wings of governments do not engage in commercial businesses of this nature because they cannot be audited or be given quotas.

 

Sir, in this regard, your Committee strongly recommends that the clause should be amended in order to provide for a more flexible system that will enable other players to participate in this business and not involve a military institution so as to achieve the desired objectives as promulgated under the objects of the Bill.

 

Sir, allow me to now address the last issue, which is the declaration of quotas and licensing for the cultivation, manufacture, production and storage, among other things, of cannabis. Under Clause 13, your Committee is of the view that the clause should be amended to provide for the lead agency to annually submit a quota for the cultivation of cannabis to the INCB, as determined because it may be a challenge for the committee to submit quotas to the INCB as it is not recognised to do so. The lead agency, on the other hand, is the competent authority that prepares and submits annual quotas of controlled substances to the INCB.

 

Sir, in addition, your Committee is of the strong view that the quota system may inhibit the production of cannabis, which may not be desirable as the excess cannabis cultivated can be utilised for stocks for export. In this vein, your Committee recommends that the extent and manner of prescribing quotas be provided under the clause.

 

Mr Speaker, in conclusion, allow me to render my sincere gratitude to you and the Clerk of the National Assembly for the guidance and support to your Committee throughout its deliberations. Gratitude also goes to the stakeholders who appeared before your Committee. You can excuse my reading very fast it is because of the limited time.

 

I thank you, Sir.

 

Mr Ngulube (Kabwe Central): Mr Speaker, thank you for this opportunity to support the Bill. From the outset, I want to add that the Bill is timely and has been the subject of debate for quite some time now.

 

Sir, we all understand that apart from the Dangerous Drugs Act, we also have the Narcotic Drugs and Psychotropic Substances Act, which control not only the cultivation, but also consumption, manufacture, importation and exportation of controlled substances. I am delighted to state that the Patriotic Front (PF) Government is aware that whereas the health benefits would outweigh other considerations, it is always important that it controls the production as well as the processing of this substance which people call cannabis, hemp or all sorts of names. Its derivatives also have different names.

 

Mr Speaker, I want to state that the choice to let the Zambia National Service (ZNS) to carry out the cultivation is a very good one because we know that our Zambian defence forces, especially the ZNS, have always been known to be very good in the production of crops.

 

Sir, we are also aware that your Committee is saying that it was a mistake to allow the ZNS to carry out the cultivation because it will be difficult to audit a military institution. However, we have institutions that have been established in our laws to control drugs and substances that find themselves either in our possession or on the market, the Zambia Medicines Regulatory Authority (ZAMRA) is one such credible institution. We believe that if this agency was entrusted with dealing with all types of medicines in this country, it cannot fail to handle or control the issues of cannabis sativa, which we feel will be a relatively new product on the market, assuming all things go well.

 

Sir, in conclusion, allow me to also second the proposal that the Government must have an upper hand in the way this product will be handled or managed. We know for sure that we may have bad people with bad intentions who might want to exploit this kind of activity. However, I think the Bill, it is in its form, appears to have dealt with all potential loopholes. We know the dangers that this drug poses to our people in rural areas and in urban areas who consume it in its raw form. We know what happens to them. So, we support the Government’s move to ensure that it controls the manner in which this drug will be handled and consumed.

 

Mr Speaker, I thank you for this opportunity in the dying moments of this Parliament. I also thank you once more for the opportunity to add my voice to this discussion. I also want to congratulate myself for being given another chance by my party, the mighty PF.

 

I thank you, Sir.

 

Mr S. Banda (Kasenengwa): Mr Speaker, thank you for allowing me to debate the Cannabis Bill. From the outset, allow me to underscore the fact that the Bill is two-pronged. I say so because there is the revenue as well as the medicinal part of it.

 

Mr Speaker, in my debate on the medicinal part of this particular Bill, –

 

Mr S. Banda was inaudible.

 

Mr Speaker: Hon. Member for Kasenengwa, we suppose you are at a difficult place. You are not audible. It appears we have lost you. We will move on to the Hon. Member for Mitete.

 

Mr Mutelo (Mitete): Mr Speaker, thank you for giving me this opportunity to add one or two words on the debate on the Cannabis Bill on the Floor of the House.

 

Mr Speaker, like your Committee has said, on the part of Cannabis being medicinal, we have no objections. Cannabis has been around, save people did not know how medicinal or helpful it is to a human being. Growing up, all we knew was the negative aspect of it, Matokwani in Lozi and Lyamba in Luvale. We forgot the important medicinal aspect of it. In view of this, I have no objection to this Bill, except that the product has to serve the right purpose, that of being medicinal.

 

Mr Speaker, on the aspect of piloting the project, as stated by the hon. Minister, I hope there will be a time frame for it. If not, the piloting will continue to the disadvantage of many of the people of Zambia and, more so, those who are in the rural set up of this country.

 

Sir, on the economic and business part, it will disadvantage the small-scale farmers who may have already been farming, but illegally, in the current scheme of things. Therefore, this Bill should provide that people who have already been farming cannabis be given the space on the advantages. They should be taught how to farm and for which purpose. They should also be taught on the business part of it. This would promote business for our people in the rural set up.

 

Mr Speaker, for example, the way tobacco is being handled is empowering rural people, especially those in Kaoma and Nkeyema and any other area that is farming tobacco. People are obtaining economic value out of tobacco. Therefore, I propose that people be given the liberty to cultivate cannabis, but in a controlled manner. If not, we will leave Zambia behind. The rest of what shall come out of the economic or business side will go to the outside world. It will not take on board our local people and farmers, and more so, the people in the rural areas who may have already been farming the crop.

 

Sir, the Drug Enforcement Commission (DEC) can confirm this because it could already have been having people who could have been farming cannabis. Are we saying we should promote and encourage them or we should, again, not give them the chance to farm so that they end up being culprits by coming into confrontation with the law that will come out of this Bill?

 

Mr Speaker, cannabis is good if it is given to rural people to farm for the purposes of medicine as well as business.

 

Mr Speaker, I thank you.

 

Mr Chisanga (Lukashya): Mr Speaker, I would like to briefly speak in support of the Motion on the table. I would like to first open by stating that I also fully support the Bill that is before the House.

 

Mr Speaker, this is a unique area of governance, as we move from criminalisation of dealings in this drug to embracing it in its use for medicinal value. Therefore, it is important, as advised by the hon. Minister responsible, that we, as a nation, introduce this as pilot project.

 

Mr Speaker, the approach speaks to the best international practice for countries that have recently decriminalised the use of cannabis and embraced it for use for medicinal and other various important aspects.

 

Mr Speaker, I also want to say that I admire the style of using the Zambia National Service (ZNS) as the one to be authorised to cultivate this crop on a pilot project. This is very commendable, as it will help the regulated entry into this new area of economic activity.

 

Mr Speaker, this area, if not properly controlled at inception, as is being suggested by the ministry, may result in our sovereignty itself being undermined. It is undeniable that there are those from outside the country who have the capital muscle to launch into this area, if authorised, which itself has a potential of giving quick return on their investment.

 

Mr Speaker, I agree that, maybe, after the pilot project, we can begin to introduce a regulated entry into the market of our small-scale farmers who might also stand to gain from getting into this economic activity and, overall, the country itself may gain.

 

Mr Speaker, I endorse and support this Bill.

 

I thank you, Sir.

 

Dr Chanda: Mr Speaker, firstly, I want to thank your Committee for the unanimous support. I have taken note of the various recommendations that have been made and the concerns that have been raised.

 

Mr Speaker, I can address the concerns very quickly. With regard to patients being the primary beneficiaries, that is why the Government has correctly titled this Bill as medicinal. So, we are not using cannabis for recreational purposes. I know that there are some countries in Europe and other places where you have cannabis in drinks, burgers, restaurants and everywhere. However, that is not the purpose. For us, the cultivation of cannabis is for medicinal, scientific and research purposes. When you talk about medicine, like any other medicines, the beneficiary is the end user, who is the patient. So, whether you are talking about a panadol or an antibiotic or cannabis based medicine, basically, the beneficiary is the patient.

 

Mr Speaker, if you look at Clause 34 of the same Bill, you will note that we are talking about health practitioners. Health practitioners are the ones who will prescribe to patients. So, the Bill will not have all the granular details of how patients will stock or how many pills they will keep at home. That is not the purpose of the Bill. The Bill has catered for the health practitioners just like any other medicine to provide for the patients. So, that is the mandate of health professionals. So, if you have a condition that is requiring the medicinal use of cannabis and you go to a health practitioner, the health practitioner is mandated, just like for any other medicine, to prescribe it to you.

 

Mr Speaker, again, we are talking about the regulations. Most of the granular details will come in the regulations and guidelines which have been mentioned in the Bill. So, the nitty-gritty of the operation details will be in the guidelines and the regulations.

 

Mr Speaker, like I said, there have been concerns raised about the ZNS. I am happy with the hon. Member of Parliament for Lukashya who, I think, has stated very clearly what the Bill states. We mentioned in the Bill that this is a novel area for the Government, a new area. I can give an example of the Coronavirus Disease 2019 (COVID-19) vaccine. We understand that when a vaccine is coming for any new disease, there will be scepticism, hesitance or denial. That is why even for the COVID-19 vaccine, the Government has taken a cautious approach by administering it in a phased up manner. That is why we said let us start with these priority groups then we will phase it as we go. It is a similar approach that we are taking.

 

Mr Speaker, if we apply a shock therapy where it is free for all, and everyone can grow cannabis in their backyard gardens, there will be total chaos. That is why we have seen some societies collapse. If you look at South America, you will see that drug cartels are invited by those kinds of unregulated environments. That is why the Government is going to regulate it very strictly. It does not mean that the other players will not come in. The Bill has clearly stated that it will be done in a cautious and phased up manner. We will start with the ZNS, the Government is in control, then, slowly open it up to the other players. I fully support that our local people participating, like our small-scale farmers, but in a regulated and phased up manner after we have learned the lessons. The time frames will all come up in the regulations because we cannot put time frames in the Bill.

 

Mr Speaker, so, no one will be excluded. We do not want to make the mistakes of the privatisation programmes of the 1990’s by employing the shock therapy where you sell all the companies at the same time and the whole economy collapses. So, the same can happen. Those who have read history must have read about the Opium Wars in China in the early 1920s when the whole of China became almost a dumping place for Opium. It was free for all. So, we do not want Zambia to end up like what became of China in the Opium Wars, Colombia and other places. That is why we are regulating the cultivation of cannabis.

 

Mr Speaker, in terms of the quotas, I said, this Bill actually seeks to domesticate the Single Convention of Narcotic Drugs of 1961. So, this is an internally regulated field. It does not just mean that the Ministry of Health will sit there and start coming up with all sorts of quotas. There are international controlled substances and we agree on the quotas given to each and every country.

 

Mr Speaker, lastly, I just want to thank the hon. Member for Mitete for the points that he raised. I think his concerns on the piloting and the time frame will be addressed. I want to assure Zambians that as the Bill states, they stand to benefit in the land usage, as partners with any investors, and I have deliberately said that Government policies have to be engineered in this field. The PF Government is pro-poor. It cares for the Zambian people. So, we are not creating an industry for foreigners. That is why the ZNS, which is a Government entity, a military wing, is there. We have our local people who are on the ground. So, this is for Zambians to participate in. However, of course, it will also have economic benefits. I must mention here that when you look at the pharmaceutical industry, you will see that cannabis is just one of the products. The policy of the Government, in line with the National Industrialisation Policy, is to encourage local manufactures. In the health sector, we want to manufacture our drugs, medicines and medical supplies, and cannabis value addition is just one area. When we manufacture the stated items, part of those medicines will be consumed locally. However, we know that the market will not be exhausted and so we can also export to other countries. That is where the economic benefits of medical products come in.

 

Mr Speaker, with those few words, I wish to thank you and thank your Committee for this opportunity.

 

I thank you, Sir.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Friday, 7^th May, 2021.

 

THE INDUSTRIAL HEMP BILL, 2021

 

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

 

Mr Speaker, I thank you for the opportunity to make my statement on the Industrial Hemp Bill, No. 32 of 2021. Let me start by thanking your Committee for the consultations undertaken on the intent, contents and implementation modalities of the Bill. I had the privilege of interacting with your Committee on the matters related to the Bill.

 

Sir, the Industrial Hemp Bill seeks to provide a legal framework for the cultivation, processing, importation and exportation and research in industrial hemp. Through this legal framework, the Government expects the country to leverage its comparative advantage in agriculture and become a producer and exporter of industrial hemp. This has the potential to control the economy of the country.

 

Mr Speaker, currently, the world industrial hemp market is estimated to be around US$5 billion and expected to grow to about US$36 billion by 2030. By putting in place a legal framework for industrial hemp, Zambia has an opportunity to benefit from the foreign exchange earnings from the crop. If Zambia is to benefit from the growing industrial hemp market, it is necessary that an enabling environment is put in place through the Industrial Hemp Bill. The development of the industrial hemp sector provides an opportunity for the country to not only diversify its agriculture sector, but also to grow the economy. It is known that over 25,000 products can be manufactured from industrial hemp such as cloth, pharmaceutics and cosmetics, just to mention a few. The crop holds potential to contribute to foreign exchange earnings, employment creation and the growth of the manufacturing sector.

 

Sir, the Patriotic Front (PF) Government has identified the potential benefits that arise from the growing, processing, importation and exportation of industrial hemp and has taken action to bring this piece of legislation before this august House for consideration.

 

Mr Speaker, allow me to speak to some aspects of the Bill that require some attention. Firstly, the Industrial Hemp Bill separates industrial hemp from cannabis. Industrial hemp has been defined as follows:

 

“a plant of cannabis and any plant or derivative of that plant, including viable seed, whether growing or not with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis.”

 

Mr Speaker, this definition is important as it was not available in the existing pieces of legislation such as Cap 96 of the Narcotic Drugs and Psychotropic Substances Act.

 

Mr Speaker, given that the Industrial Hemp Bill has a bearing on other pieces of legislation and to enable for the full operationalisation of the Bill, the PF Government has introduced other pieces of legislation, namely the Cannabis Bill, 2021, which was just presented by the hon. Minister of Health, and the Narcotic Drugs and Psychotropic Substances Bill, 2021.

 

Mr Speaker, the Government is taking a holistic approach to the development of the industrial hemp subsector in order to ensure consistency in the legislation. The Bill provides comprehensive provisions for licensing, inspection, research, import and export of the crop. In all these aspects, the Bill recognises the need for a multi-sectoral approach to implementation of the provision. Therefore, various Government agencies will be involved. This is in line with the current Government paradigm that promotes a multi-sectoral approach to implementation.

 

Mr Speaker, as I have already mentioned, I had the opportunity to interact with your Committee, and several stakeholders’ concerns have been highlighted. I want to assure this august House that all the recommendations and observations of the Bill will be taken into account after quick consultations with relevant stakeholders to ensure that the Bill not only meets the aspirations of the Government, but also those of the stakeholders.

 

Mr Speaker, in conclusion, the enactment of this Bill will enhance the agriculture sector’s contribution to foreign exchange earnings, employment and growth of manufacturing. Therefore, I urge all hon. Members of the House to support the Bill.

 

Mr Speaker, I thank you.

 

Mr Mecha (Chifunabuli): Mr Speaker, thank you for giving me an opportunity to give a report of the Committee on Agriculture, Lands and Natural Resources, which considered the Industrial Hemp Bill No. 32 of 2021 for the Fifth Session of the Twelfth National Assembly.

 

Mr Speaker, the Committee on Agriculture, Lands and Natural Resources considered the Industrial Hemp Bill No. 32 of 2021, which was referred to it on 16^th April, 2021.

 

Mr Speaker, in considering the Bill, your Committee invited various stakeholders to comment on the ramifications of the Bill. It is my belief that hon. Members have had an opportunity to read the report.

 

Mr Speaker, in the recent past, there has been so much debate in the country on the need to legalise the cultivation of industrial hemp. As the House may be aware, industrial hemp is a variety of the cannabis sativa plant species that is grown specifically for industrial use. Over thirty countries around the world (inaudible)

 

Mr Speaker: Hon. Member for Chifunabuli, you appear to be in a very difficult situation. Is your Vice-Chairperson available to pick up from where you left?

 

Dr Imakando (Mongu Central): Mr Speaker, I will continue from where the Chairperson left.

 

Mr Speaker, in the recent past, there has been so much debate in the country on the need to legalise the cultivation of industrial hemp. As the House may be aware, industrial hemp is a variety of the cannabis sativa plant species that is grown specifically for industrial use. At the moment, over thirty countries around the world have a legal industrial hemp industry. Each of these countries has realised the economic potential of the industrial hemp plant as an efficient input source for many industries. These industries provide a steady source of income and thousands of jobs for people all over the world. Therefore, it is imperative for Zambia to legalise the growing of industrial hemp. Your Committee, therefore, welcomes the proposal to enact the Industrial Hemp Bill.

 

Mr Speaker, the witnesses who appeared before your Committee raised a number of issues, some of which I now want to highlight.

 

Mr Speaker, it has been noted that the Bill provides for the licensing of growers, processors, distributors, buyers, exporters and researchers on industrial hemp. However, it does not include the licensing of importers of industrial hemp. Your Committee is of the view that importers of industrial hemp also be licensed.

 

Mr Speaker, further, your Committee notes that the Bill does not consider small-scale farmers who may be engaged as outgrowers. For instance, the Bill, in Clause 6(b) provides that the applicant should be financially and technically capable of meeting the applicant’s obligations and the terms of conditions of the licence. This clause may be discriminatory to the small-scale farmers who may not have the financial muscle to meet the licence terms and conditions and will, therefore, be constrained to engage in the growing of industrial hemp. In light of this, your Committee recommends that the Clause be amended to include a demonstration of arrangements with financiers and/or partners who may engage them as outgrowers.

 

Mr Speaker, under Clause 6, the Bill proposes that the issuance of licences be done by the lead agency, which in this case is the Zambia Medicines Regulatory Authority (ZAMRA). Stakeholders are of the view that ZAMRA may not have adequate capacity to handle the added responsibility of enforcing the provisions of the Act.

 

In this vein, your Committee is of the view that capacity building be conducted for the officers at ZAMRA and further measures be taken to recruit corresponding numbers and suitably qualified personnel for other Government agencies that will be involved in enforcement such as the Drug Enforcement Commission (DEC), the Seed Control and Certification Institute (SCCI) and the Zambia Agricultural Research Institute (ZARI).

 

Mr Speaker, finally, your Committee wishes to record its indebtedness to you and the Office of the Clerk of the National Assembly for the guidance given during the deliberations and for granting it the authority to scrutinise the Industrial Hemp Bill No. 32 of 2021. Your Committee also pays tribute to all stakeholders who made submissions before it.

 

Mr Speaker, I thank you.

 

The Minister of Home Affairs (Mr Kampyongo): Mr Speaker, thank you so much for giving me this opportunity to make a few comments on the debate on the Motion on the Floor.

 

Sir, I would like to start by commending my colleague and counterpart, the hon. Minister of Agriculture, and your Committee for the work done on this proposed Bill.

 

Mr Speaker, I agree with my hon. Colleague that we are taking a holistic approach in so far as these activities are concerned, through the Cannabis Bill, which was on the Floor earlier and sponsored by our colleague, the hon. Minister of Health, the Industrial Hemp Bill, sponsored by the Ministry of Agriculture and the Narcotic Drugs and Psychotropic Substances Bill, which I will also present and is already before your Committee.

 

Sir, I heard my colleagues talk about the advantages of medicinal cannabis. My dear colleague, Hon. Mutelo, talked about how small-scale farmers stand to benefit.

 

Sir, the Bill that the hon. Minister of Agriculture presented is what will get our farmers to have quick gains because industrial hemp will be excluded from the prohibited substances in the Act that the Ministry of Home Affairs is sponsoring and the growing of marijuana for medicinal purposes will be restricted, as the hon. Minister of Health elaborated. It will be specifically for medicinal purposes.

 

Mr Speaker, I know that this matter generated a lot of interest. However, cannabis is a substance that is controlled by the International Narcotics Control Board (INCB). This means that the quotas to grow it for medicinal purposes will be allocated by the INCB. So, it is not like we are going to be growing as much as we would wish for commercial purposes because it is restricted and so is the marketing of the products. Quotas for export at any given time are allocated. Otherwise, the industrial hemp is what both commercial and small-scale farmers should take interest in because this will not be as restricted as the growing of marijuana for medicinal purposes.

 

Sir, we, therefore, encourage our people to get as much information as possible. We have had studies done on industrial hemp and the Drug Enforcement Commission (DEC) has been involved by ensuring that it benchmarks countries where industrial hemp is grown for commercial purposes. So, we encourage those who are interested in venturing into industrial hemp to get as much information as possible when the Bill is finalised. The Ministry of Agriculture, through our technocrats at the ministry, will be able to guide those of our farmers who would like to engage in this activity.

 

Mr Speaker, the Bill we shall bring for Second Reading will spell out how we are going to draw a distinction. I heard other hon. Members talk about how difficult it is to distinguish the plants by looking. So, we would like to make sure that no one takes advantage of the growing of hemp to grow marijuana for recreation purposes. So, we shall still have some serious controls in so far as the abuse of these activities is concerned.

 

Mr Speaker, I just wanted to add my voice to the debate and ensure that our people are not misled, but that they get actual information so that they engage in these activities while well informed and within the confines of the laws that we are presenting at the same time so that they speak to each other.

 

I thank you, Sir.

 

Mr Ngulube: Mr Speaker, allow me to concur entirely with the submission of the hon. Minister of Home Affairs. I also would like to add that what the hon. Minister has said clears the air and all the speculations and insinuations that people might have had. People think that it will just be an open door thing where everyone who wishes can just jump in and start cultivating. They think that this is just going to happen like the gold rush in Kasenseli. This will be a very highly regularised process which will ensure that the Government protects not only the members of the public, but also its institutions.

 

Mr Speaker, as regards the issue of the Zambia Medicines Regulatory Authority (ZAMRA), I do not wish to agree with your Committee that it does not have the capacity. I am aware even, as we speak, now that before you import any of these controlled substances into the country, it must come in and do what it is supposed to do. In fact, the Government has already enhanced its capacity by building it a very beautiful office complex near the airport. When you look at the building and the new facilities that it has, you would think you were not in Zambia. You would think you were in South Africa. So, this is how the Patriotic Front (PF) Government has empowered these institutions to ensure that they are able to handle complex situations.

 

Mr Speaker, I am also aware that even the Ministry of Health has many specialists. I do not know why your Committee does not know or does not believe that we have enough scientists in Zambia that can handle such a very simple assignment.

 

Sir, I am aware that just at the University Teaching Hospital (UTH), we have the Food and Drug Laboratory where some of the best scientists from the University of Zambia (UNZA) and from some of the best universities across the world have been performing such functions for years. It is not going to be a brand new assignment. The Government has enough capacity, manpower and expertise to deal with matters of this nature.

 

Mr Speaker, I am also aware that every time there is such a situation, people want to find weaknesses and jump on them and that is why this House exists. When we find that the law is weak and there is a need to amend it to stiffen certain areas, this House will be called upon to do the needful.

 

Mr Speaker, I am also aware that when you begin to critically analyse the way the world is moving, it is now moving away from mere restrictions and closer to medicinal use of some of these products that were believed to have been abominable. International conventions and organisations give each country its own quota. “Zambia, you will only produce this much.” The Country will not just move in and start producing. The framework will be given. You cannot just openly produce like that. There must be measures in place to ensure that even the people who are cultivating are also safeguarded. We have seen such restrictions in areas where gold and precious minerals are mined. You have to control the environment to ensure that there is no spillage. Otherwise, everything else is under control. I would just like to assure your Committee Chairperson and his Committee that this Government is equal to the task and that is why on 12^th August, it is bouncing back to come and ensure that it implements these laws to the benefit of this country and the whole world.

 

Mr Speaker, in conclusion, allow me to thank you once more most sincerely and thank the mover of the report and your Committee, including the Office of the Clerk of the National Assembly, for giving invaluable support to this Committee.

 

Mr Speaker, I would also like to add that in my few years in this Parliament, I have actually learnt a lot and will continue learning until the day the Lord says go and rest.

 

I thank you, Sir.

 

Mr Katambo: Mr Speaker, allow me to thank the hon. Minister of Home Affairs and the hon. Deputy Chief Whip for their eloquent explanations on the Bill. I would also like to thank the Committee Chairperson and the Vice-Chairperson for their contributions. However, let me just respond to some of the issues that were raised by your Committee’s Chairperson. These are issues to do with the licensing of growers of industrial hemp.

 

Sir, the licensing of growers of industrial hemp will be done by a lead agency, which will be established under the Cannabis Act, 2021, which is still a Bill under the Zambia Medicines Regulatory Authority (ZAMRA), which will be the lead agency and will be responsible for issuing licences. However, the licences will be issued upon recommendation of the National Cannabis Co-ordinating Committee (NCCC) to be established under the Cannabis Act. The NCCC will streamline the functions of issuance of licences for industrial hemp and cannabis. This will encompass those recommended to grow these substances which will be grown by all categories of our farmers, be it small-scale farmers, emerging farmers or the big commercial farmers.

 

Mr Speaker, with regard to the fees, I would like to assure your Committee that the prescription of these fees will be a consultative process to ensure that the private sector is able to participate in the production of industrial hemp. Therefore, this is a progressive Bill, and it will transform our country as it has the potential to also grow the economy as a whole.

 

I thank you, Sir.

 

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

 

Committed to a committee of the Whole House.

 

Committee on Thursday, 6^th May, 2021.

 

 

 

THE ACTS OF PARLIAMENT (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, I want to thank you most sincerely for according me this opportunity to present this statement in support of the Second Reading of the Acts of Parliament (Amendment) Bill, No. 34 of 2021. This Bill seeks to provide for the publication of Acts of Parliament in electronic form, to provide for the verification of electronic copies of Acts and to provide for the powers of the Commissioner of Law Revision in relation to the publication of electronic Acts.

 

Sir, it has become necessary to introduce this Bill so as to provide for the publication of Acts of Parliament in electronic form, which coincides with the enhanced management and promotion of Electronic-Government (e-Government) services and processes. This will result in improved and effective service delivery by enhancing citizen access to Acts of Parliament, Government information and Government services.

 

Mr Speaker, the Bill before you is extremely progressive as it seeks to ensure effective publication of Acts of Parliament in electronic form. This is in keeping with the developments in the electronic cyberspace.

 

Sir, the salient provisions of the Bill, among others, are to provide for the verification of electronic copies of Acts and to provide for powers of the Commissioner of Law Revision in relation to publication of electronic Acts.

 

Sir, the above brief overview of the proposed law highlights a progressive turn in ensuring that citizens have increased accessibility to Acts of Parliament in the electronic form than is manually possible. This Bill is progressive and should be supported because it is as a result of wide stakeholder consultations.

 

Mr Speaker, people who use Acts of Parliament will agree with me that our statute book desperately requires updating, especially that it is currently in manual form. With the coming of this law, it will be easier for us to update our statute book as quickly as pieces of legislation are passed by this House. Therefore, I would like to urge all hon. Colleagues in this august House to support this highly progressive amendment.

 

I thank you, Sir.

 

Mr Jere (Livingstone): Mr Speaker, your Committee scrutinised the Acts of Parliament (Amendment) Bill, 2021, referred to it on Friday, 16^th April, 2021, in accordance with its terms of reference as set out under Standing Order 157(2) of the National Assembly Standing Orders of 2016. 

 

Sir, your Committee is of the considered view that the publication of the Acts in electronic format will enhance access to information and promote public participation with regard to legal publications. In that regard, your Committee, like all stakeholders who appeared before it, has no objection to the proposed amendments. However, there are a few areas of concern which I now wish to highlight.

 

Mr Speaker, your Committee agrees with stakeholders that without access control and system monitoring, the electronic database may fall prey to hacking, thereby, compromising this critical database. In this regard, your Committee wishes to emphasise the need for an un-hackable and indestructible network. Your Committee, therefore, recommends that the Government develops such a network so as to guard against a broad range of hacks that could have the potential to throw the country into turmoil. 

 

Sir, your Committee is very concerned with the proposed amendment in Section 11, which provides for the status of verified copies of database instruments. Your Committee is not sure whether the official verification mark on the Acts will be verifiable by human or digital means, or both. In that regard, your Committee recommends that the official verification mark for the electronically published Acts be verifiable both manually and digitally.  

 

Mr Speaker, your Committee welcomes the proposed amendment in Section 12, which provides for the powers of the commissioner in relation to electronic Acts. Your Committee is, however, of the view that a standard procedure for editing the electronic version of the Acts of Parliament be drafted to avoid the risk of the commissioner changing the content of the law, thereby, usurping the legislative authority bestowed on Parliament by Article 62(2) of the Constitution. Therefore, your Committee recommends that a control system to ensure checks and balances for electronic versions of Acts, vis-à-vis physical versions, be developed for reference in case of errors. 

 

Mr Speaker, lastly, your Committee is concerned that the compilation of editorial amendments, as proposed in Section 14 of the Bill, may fall foul of Section 9 of the Interpretation and General Provisions Act, Cap 2 of the Laws of Zambia, which provides that every schedule to or table in any written law, together with notes thereto, shall be construed and have effect as part of such law. Thus, your Committee recommends that a clear dichotomy between the two provisions be drawn to prevent legislative arbitrage.

 

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

 

Mr Speaker, I thank you.

 

Mr Lubinda: Sir, I would like to thank your Committee for supporting this amendment Bill. Allow me to just comment a little on the issues that have been raised by the Chairperson of your Committee. The first is fear; the risk of hacking.

 

Mr Speaker, we had to wait in coming up with this amendment until after we passed very important supportive pieces of legislation. I would like to remind my hon. Colleague that this Parliament recently passed the Electronic Communications and Transport (ECT) Act, the Cyber Crime and Security Act and the Data Protection Act. All those pieces of legislation speak to the protection of all material that is managed on cyber space and electronically, including Acts of Parliament that shall now be maintained electronically. Therefore, I would like to request my hon. Colleague to look at those pieces of legislation and see that actually, they provide the security pieces of legislation that will be managed electronically.

 

Mr Speaker, in its report, your Committee talked about another matter which the Chairperson did not speak about, which is that we must ensure that Government Printers does not electronically publish Acts. Let me indicate that we are not taking away the power of Government Printers and we do not intend to take away its power, as it is provided for under Cap 3 of the Laws of Zambia. Government Printers shall remain the only authority to publish Acts of Parliament. In this particular case, it shall be Government Printers which will have the power to publish Acts of Parliament also electronically.

 

Mr Speaker, on the matter of the official verification mark that the Chairperson spoke about, I would like to indicate to him that through the Statutory Instrument (SI), the verification mark shall be made public so that members of the public know what kind of mark shall be considered the official verification mark for Acts of Parliament that are produced electronically.

 

Mr Speaker, in conclusion, let me thank the whole of Parliament for totally supporting this Bill. I suppose that is the reason the only one who could make a comment was the one who was duty bound to do so because he is Chair of the Committee. Otherwise, the silence from everyone shows the unanimity on the support of this very progressive Bill.

 

I thank you, Sir,

 

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

 

Committed to a committee of the Whole House.

 

Committee on Wednesday, 5^th May, 2021.

 

 

REPORT STAGE

 

The Health Professions (Amendment) Bill, 2021

 

Report Adopted.

 

Third Reading on Wednesday, 5^th February, 2021.

 

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MOTION

 

ADJOURNMENT

 

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

 

Question put and agreed to.

 

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The House Adjourned at 1556 hours until 1430 hours on Wednesday, 5^th May, 2006.

 

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