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Debates – Friday, 23rd September, 2016

Debates – Friday, 23rd September, 2016

September 02
13:07 2017

President Rupiah Bwezani Banda listens to Tourism Minister Catherine Namugala (l) and Australian Governor General Quentin Bryce at AMEC Matero Township

Friday, 23rd September, 2016

The House met at 0900 hours

The Clerk read the Proclamation

ELECTION OF SPEAKER, FIRST DEPUTY SPEAKER AND SECOND DEPUTY SPEAKER

The Clerk of the National Assembly (Mrs D. K. K. Mwinga): Hon. Members, allow me to preface my address by congratulating you, on behalf of the National Assembly of Zambia and, indeed, on my own behalf on your successful election to this august House in the 11th August, 2016, General Election. I also congratulate those who have been nominated to be hon. Members of this House.

Hon. Members: Hear, hear!

The Clerk of the National Assembly: I further welcome you all to the Twelfth National Assembly, which starts today, by virtue of the Gazette Notice that I have just read out.

I am duty bound, hon. Members, to inform you that before the First Session of the Twelfth National Assembly can transact any business, the House must elect Presiding Officers, that is, the Speaker, the First Deputy Speaker and the Second Deputy Speaker. This is provided for in the Constitution of Zambia under Article 82(6)(a), which states:

“Members of Parliament shall elect a Speaker and two Deputy Speakers when the National Assembly first sits after a general election.”

In this regard, allow me to explain the procedure to be followed in the election of the Speaker and two Deputy Speakers.

Procedure

Article 82(1) of the Constitution states that:

“The Members of Parliament shall elect, by secret ballot, a Speaker of the National Assembly from a list of names of persons, who are qualified to be elected as Members of Parliament, but are not Members of Parliament, submitted to the National Assembly by ―
(a)    the President; and

(b)    political parties holding seats in the National Assembly.”

In order to bring this provision into effect, Standing Order 5(1), states:

“The House shall, as soon as a quorum of the House is present, proceed to elect a Speaker and, until the Speakers are elected, the Clerk shall act as Presiding Officer.”

It is, therefore, under this authority that I am acting as Presiding Officer this morning.

Hon. Members: Hear, hear! Speaker! Long live!

The Clerk of the National Assembly: Hon. Members, I am in receipt of names of candidates for the position of Speaker in accordance with Standing Order 5(4), which states:

“The names of candidates for election to the Office of Speaker shall be entered upon nomination papers obtained from and handed to the Clerk at least forty-eight hours before the time appointed at which the House is to meet to elect the Speaker, and shall be accompanied in each case by the signatures of two Members who support the candidature and a declaration by them that the candidate is willing to serve and that the candidate is qualified to be elected a Member of the House.”

A circular to this effect was issued by me to all the hon. Members of Parliament.

Hon. Members, for purposes of transparency of the elections, at the commencement of each ballot, an empty ballot box will be displayed to the House and, thereafter, be closed, locked and kept in full view of the House until the ballot is concluded.

The House will elect the Speaker first, then, the First Deputy Speaker and, lastly, the Second Deputy Speaker.

In order to conduct the election, the Division bells will be rang for four minutes, after which I will await another one minute to enable Members who may still be outside to come into the Chamber. At the end of the one minute, the bar will be closed, the doors locked and no Member will, thereafter, enter or leave the Chamber unless otherwise advised. When voting starts, I will issue a ballot paper to each Member who comes to the Table and the voting will take place. After the voting, we will count the votes. If, however, there is only one candidate duly nominated for a position, that candidate will be declared elected Speaker, First Deputy Speaker or Second Deputy Speaker, as the case may be, without the ballot being held.

Hon. Members, Article 77(4) of the Constitution provides that the quorum for a meeting of the National Assembly shall be one-third of the total number of the Members of the National Assembly. The total membership, today, is 165 and, when I did a head count a minute ago, the number of Members present in the House was 131. So, the quorum is formed.

L- R: Member of the Mayoral Committee Ms. Vivien Chauke, Executive Mayor of Kitwe Mr. Christopher Kang’ombe, Member of the Mayoral Committee Ms. Tiisetso Nketie, Executive Mayor of Ekurhuleni Mr. Mzwandile Masina, Executive Mayor of Lusaka Mr. Wilson Kalumba, Speaker of Ekurhuleni Council Ms. Patricia Kumalo, Member of the Mayoral Committee Mr. Doctor Xhakaza and Member of the Mayoral Committee Mr. Petrus Mabunda. This was on 23rd March, 2017 after the signing ceremony of an MOU between Lusaka and the City of Ekurhuleni.

Hon. PF Members: Hear, hear!

Dr Kambwili: Nala chita petition.

Laughter

Hon. Member PF Member: No ConCourt.

The Clerk of the National Assembly: Therefore, we can now proceed with the election of the three Presiding Officers, starting with the Speaker.

Hon. Members, after the close of the time for nominations, I am in receipt of only one name of a candidate who has been duly nominated for election as Speaker. That candidate is the Rt. Hon. Justice Dr Patrick Matibini, SC.

Therefore, I make this declaration of the result of the poll in relation to the Speaker of the National Assembly of Zambia.

Declaration Relating to the Election of the Speaker

I, Doris Katai Katebe Mwinga, Clerk of the National Assembly of Zambia, being the Returning Officer for the election of the Speaker of the National Assembly, do hereby declare that I have, in accordance with the Constitution and the Standing Orders of the House, ascertained that only one nomination for the election of the Speaker of the National Assembly has been received as follows:

Name of candidate: The Rt. Hon. Justice Dr Patrick Matibini, SC.

In accordance with the provisions of Standing Order 5(12), I, therefore, declare that the Rt. Hon. Justice Dr Patrick Matibini, SC., has been duly elected Speaker of the National Assembly of Zambia unopposed.

Hon. PF Members: Hear, hear!

The Clerk of the National Assembly: I further declare that, at the right time, Hon. Richard Musukwa, MP, and Hon. Peter Phiri, MP, will be directed to lead and conduct the Speaker-Elect to the Chair.

Dated this day, 23rd September, 2016, and signed by me, Doris Katai Katebe Mwinga.

Hon. PF Members: Hear, hear!

The Clerk of the National Assembly: Hon. Members, I now proceed to the election of the First Deputy Speaker.

Hon. Members, after close of the time for nomination, I am in receipt of only one nomination for election as First Deputy Speaker of the National Assembly of Zambia, namely Hon. Catherine Namugala. I, therefore, declare the result of the poll for the election of First Deputy Speaker of the National of Zambia as follows:

Declaration Relating to the Election of the First Deputy Speaker

I, Doris Katai Katebe Mwinga, Clerk of the National Assembly of Zambia, being the Returning Officer for the election of the First Deputy Speaker of the National Assembly, do hereby declare that I have, in accordance with the Constitution and the Standing Orders of the House, ascertained that only one nomination for the election of First Deputy Speaker of the National Assembly has been received as follows:

Name of Candidate: Hon. Catherine Namugala

In accordance with the provisions of Standing Order 5(12), I, therefore, declare that Hon. Catherine Namugala has been duly elected First Deputy Speaker of the National Assembly of Zambia unopposed.

Hon. PF Members: Hear, hear!

The Clerk of the National Assembly: Dated this day, 23rd September, 2016, and signed by me, Doris Katai Katebe Mwinga.

At the appropriate time, we will request the proposer and seconder, who are, Hon. Joseph Malanji and Hon. Maxwell Muma Kabanda, respectively, to escort the elected First Deputy Speaker into the Chamber.

Hon. Members, I finally come to the election of the Second Deputy Speaker of the National Assembly.

Hon. Members, at the close of the time for nominations for election of the Second Deputy Speaker, I had only received one name.

The Clerk: Therefore, I wish to make this declaration in relation to election of the Second Deputy Speaker of the National Assembly of Zambia as follows:

Declaration Relating to the Election of the Second Deputy Speaker

I, Doris Katai Katebe Mwinga, Clerk of the National Assembly of Zambia, being the Returning Officer for the election of the Second Deputy Speaker of the National Assembly of Zambia, do hereby declare that I have, in accordance with the Constitution and the Standing Orders of the House, ascertained that only one nomination for the election of the Second Deputy Speaker of the National Assembly has been received as follows:

Name of Candidate: Hon. Mwimba Humphrey Malama

In accordance with the provisions of Standing Order 5(12), I, therefore, declare that Hon. Mwimba Humphrey Malama has been duly elected Second Deputy Speaker of the National Assembly of Zambia unopposed.

Hon. PF Members: Hear, hear!

The Clerk of the National Assembly: Dated this day, 23rd September, 2016, and signed by me, Doris Katai Katebe Mwinga.

Hon. Members, I now request the proposers and seconders to bring in the Speaker-Elect, First Deputy Speaker-Elect and Second Deputy Speaker-Elect.

I thank you.

Hon. PF Members: Hear, hear!

Mr Speaker was conducted to the Chair by Mr R. Musukwa and Mr P. Phiri.

The First Deputy Speaker was conducted to the Chair by Mr Joseph Malanji and Mr Maxwell Muma Kabanda.

The Second Deputy Speaker was conducted to the Chair by Mr Kelvin M. Sampa and Ms Given Katuta.

Mr Speaker (standing on the upper step): Hon. Members, in accordance with Parliamentary tradition, I rise to submit myself to the will of the House. In doing so, I wish to take this opportunity to congratulate His Excellency the President, Her Honour the Vice-President and all of you, hon. Members, on your election in the 11th August, 2016, General Election.

Hon. Members, for me to be entrusted, once again, with the task of being guardian of the rights of everyone in this House is both a tremendous challenge and a great honour. It is, therefore, with great humility that I submit myself to the will of the House.

I now suspend business for five minutes to enable me to be robed.

I thank you.

Hon. Members: Hear, hear!

Business was suspended from 0929 hours until 0932 hours.

Her Honour the Vice-President (Mrs Wina): Mr Speaker-Elect, on behalf of this House, I have the honour and pleasure to congratulate you on having been elected Speaker of the House.

Hon. PF Members: Hear, hear!

The Vice-President: Sir, we all have no doubt that you are the most suitable person for that seat, a seat that is not only greatly prestigious and dignified, but oozes with great distinction, integrity and warmth. I am convinced that, in you, the National Assembly will have an able custodian of the dignity and authority of the House, and that you will regulate debates and enforce strict adherence to the rules that facilitate the orderly conduct of the House.

Sir, the Office of Speaker is an essential feature of a democratic Parliament. It is an important, ancient and honourable office deserving great respect. As head of the Legislature, you are the custodian of the rights and privileges of the Members of Parliament. Therefore, your allegiance is to the cause of Parliament’s liberty. You are neither a servant of the Executive nor of the Judiciary. Your first loyalty is to this House.

Mr Speaker, your office has immense powers, which are not only limited to presiding over the proceedings of the House, making rulings on procedures in the House and on important national issues, and calling on members to speak, but include influencing the order of Business in the House. These powers are vested in you by the Constitution of Zambia in the National Assembly (Powers and privileges) Act and the Standing Orders of the House. I am confident that you are richly endowed with the qualities that will enable you to use those powers to the satisfaction of the House.

Sir, as custodian of the dignity and privileges of the House, your office is the same as that of a leader of any organisation, namely to preserve the integrity of the organisation, to uphold its rules and to promote its objectives. In this regard, I am confident that you will uphold the role of the House, as a National Legislature with powers to preserve the rights of individuals. With the disciplinary powers conferred upon you by the Constitution of Zambia and the National Assembly Standing Orders, I am positive that you will treat all Members, elected and nominated, from both the Opposition and Ruling Party equally, and ensure that all hon. Members enjoy the same rights, privileges, immunities and opportunities.

In conclusion, Sir, I have no doubt that, guided by the powers vested in you, you will, without fear or favour, make fair rulings on all important national issues that will be raised in this House.

Sir, may I also congratulate Hon. Catherine Namugala, MP, on being elected First Deputy Speaker of this House. What I have said about the Office of the Speaker equally applies to her office. Similarly, I congratulate Hon. Mwimba Malama, Member of Parliament for Mfuwe Constituency, on being elected Second Deputy Speaker.

Mr Speaker, on behalf of the people of Zambia, I wish you, the Hon. First Deputy and the Hon. Second Deputy Speaker God’s blessings in your challenging positions.

I thank you, Sir.

Hon. PF Members: Hear, hear!

PRESENTATION OF THE SPEAKER TO THE PRESIDENT

Mr Speaker: Hon. Members, I wish to inform the House that the presentation of the Speaker-Elect, First Deputy Speaker-Elect and Second Deputy Speaker-Elect to His Excellency the President for approbation, and taking and subscribing the Oath of Allegiance and of office at State House will take place at 1000 hours this morning.

The following hon. Members shall be part of the entourage and are expected to arrive at State House at 0945 hours:

Her Honour the Vice-President and Leader of Government Business in the House
The Hon. First Deputy Speaker
The Hon. Second Deputy Speaker
The Chief Whip
The hon. Minister of Defence
The hon. Minister of Home Affairs
The hon. Minister of Foreign Affairs
Hon. Peter Phiri
Hon. Joseph Malanji
Hon. Maxwell Kabanda
Hon. Given Katuta
Hon. Kelvin Sampa.

These hon. Members will be joined by the Clerks-at-the-Table and the Serjeant-at-Arms.

The rest of the hon. Members will remain seated in the House until the entourage returns from State House. In the meantime, hon. Members are invited to a tea/coffee break.

I thank you.

Business was suspended from 0940 hours until 1107 hours.

[MR SPEAKER in the Chair]

Mr Speaker: Hon. Members, I have to report to the House that the Deputy Speakers and I have been presented to His Excellency the President of the Republic of Zambia for approbation and swearing in. I have also represented the House in asking the President of the Republic of Zambia to make himself accessible to all hon. Members. The President has acceded to my representation.

I thank you.

Hon. PF Members: Hear, hear!

_________

OATH OF ALLEGIANCE

The following Members took and subscribed the Oath of Allegiance:

Mrs Wina
Mr C. Banda
Mr W. Banda
Mr Belemu
Mr Bulaya
Mr Bwalya
Mr Chatila
Mr Chabi
Mr Chali
Ms Chalikosa
Mr Chama
Mr Chanda
Mr Chansa
Mr Chibanda
Mr Chikote
Mr Chilangwa
Dr Chilufya
Ms Chilumba
Ms Chisangano
Mr Chisopa
Mr Chiteme
Mr Chitotela
Mr Chiyalika
Ms Chonya
Mr Chungu
Mr Daka
Mrs Fundanga
Mr Fungulwe
Mr Hamukale
Mr Hamusonde
Dr Imakando
Mr Imbuwa
Mr Jamba
Mr Jere
Ms Jere
Mr Kabamba
Mr Kabanda
Ms Kabanshi
Mr Kafwaya
Mr Kakubo
Mr Kalaba
Dr Kalila
Mr Kalobo
Mr Kambita
Mr Kamboni
Dr Kambwili
Mr Kamondo
Mr Kampyongo
Ms Kapata
Mr Kapita
Ms Kasanda
Mr Kasandwe
Mr Kasonso
Ms Kasune
Mr Katambo
Ms Katuta
Mr Kaziya
Mr Kintu
Mr Kopulande
Ms Kucheka
Mr Kufakwandi
Mr Kundoti
Mr Lihefu
Mr Livune
Ms Lubezhi
Mr Lubinda
Mr Lumayi
Prof. Lungwangwa
Prof. Luo
Mr Lusambo
Mr Mabumba
Mr Machila
Mr A. B. Malama
Dr Malama
Mr Malanji
Mr Mandumbwa
Mr Mawere
Mrs Mazoka
Mr Mbangweta
Mr Mbulakulima
Mr Mecha
Mr Michelo
Ms Miti
Mr Miti
Mr Miyanda
Mr Miyutu
Mr Mubika
Mr Mubukwanu
Mr Muchima
Mr Mukata
Mr Mukosa
Mr Mukumbuta
Mr Mulenga
Mr Mulunda
Mr L. Mulusa
Mr S. Mulusa
Ms Mulyata
Mr A. C. Mumba
Mr D. Mumba
Mr Mundubile
Mr Mung’andu
Mr Munkonge
Mr Mushanga
Mr Mushimba
Dr Musokotwane
Mr Musonda
Mr Musukwa
Mr Mutaba
Mr Mutale
Mr Mutati
Mr Mutelo
Mr Mwakalombe
Mr Mwale
Mr Mwamba
Mrs Mwanakatwe
Ms Mwape
Ms Mwashingwele
Mr Mweetwa
Mr Mwene
Mr Mwewa
Mr Mwila
Mr Mwiinga
Mr Nanjuwa
Mr Ndalamei
Mr Ng’ambi
Mr Ng’onga
Mr Ngulube
Nkuwa
Nyirenda
Ms E. Phiri
Ms O. M. Phiri
Mr P. Phiri
Mr Samakai
Mr Sampa
Mr Shabula
Mr Sialubalo
Mr Sichalwe
Mr Sichone
Mr Sikazwe
Ms Siliya
Mr Simbao
Mr Simfukwe
Mrs Simukoko
Mr Sing’ombe
Mr Sitwala
Mr Siwale
Mr Siwanzi
Ms Subulwa
Rev. Sumaili
Ms Tambatamba
Mr L. Tembo
Mr M. Tembo
Mr S. Tembo
Mr Wanchinga
Mr Yaluma
Mr G. Zimba
Mr C. Zulu
Mr M. Zulu

__________

ANNOUNCEMENT BY MR SPEAKER

INVITATION TO A LUNCHEON

Mr Speaker: Hon. Members, before I call on Her Honour the Vice-President, I wish to invite you all to a luncheon, today, Friday, 23rd September, 2016, in the National Assembly Restaurant at Parliament Buildings immediately after these proceedings. The lunch for members of staff and Government officials will be provided at the National Assembly Motel. As usual, the luncheon will be provided courtesy of the Hon. Mr Speaker.

I thank you.

Hon. Members: Hear, hear!

___________

Mr Speaker: Your Honour the Vice-President, please, inform the House when His Excellency the President will officially open this House.

The Vice-President: Mr Speaker, His Excellency the President will officially open Parliament on Friday, 30th September, 2016.

I thank you, Sir.

Hon. PF Members: Hear, hear!

MOTION

ADJOURNMENT

The Vice-President: Mr Speaker, I beg to move that at its rising today, the House do adjourn until Friday, 30th September, 2016.

Sir, in moving the Motion, I wish to remind the hon. Members of the seriousness of the responsibility that has been put on our shoulders, as representatives of our people in this House.

Sir, we may have differences, as members of different political parties, but I think that we should all understand that we have no authority to destroy this country. The authority we have all been given by the people is to make laws for our country, not to destroy it.

Mr Speaker, allow me to commend the House for the very successful orientation programme that concluded yesterday and for successfully electing the Speaker, First Deputy Speaker and Second Deputy Speaker in a very democratic manner.

Mr Livune: Question!

The Vice-President: Sir, the confidence expressed by the House during the election of the Speaker, the First Deputy Speaker and the Second Deputy Speaker is a sign of the great trust this House has in its Presiding Officers.

Sir, it is important that we take a one week break to enable us to read and study the documents we were given during the orientation programme and reflect over them because for us to become effective Members of Parliament, we have to understand the Standing Orders and all other Parliamentary documents thoroughly. In this respect, I urge all hon. Members to make use of the week-long break to study the Republican Constitution, particularly the National Assembly (Powers and Privileges) Act, the National Assembly Standing Orders and the Members’ Handbook. This will enable us to become acquainted with the rules and regulations of this House.

Sir, this is a very straightforward Motion and I am certain that it will receive the full support of all the hon. Members of this august House.

Mr Speaker, I beg to move.

Hon. PF Members: Hear, hear!

Question put and agreed to.

____________

The House adjourned at 1424 hours until 1000 hours on Friday, 30th September, 2016.

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