PRESS STATEMENT BY THE CHIEF GOVERNMENT SPOKESPERSON ON THE DECISIONS MADE BY CABINET AT THE 24TH CABINET MEETING HELD ON FRIDAY, 14TH OCTOBER, 2022.
The President of the Republic of Zambia, Mr. Hakainde Hichilema, convened the 24th Cabinet Meeting in this year on Friday, 14th October 2022 at State House. The Meeting deliberated on a number of legislative and policy matters.
The following were the decisions made, in order to facilitate service delivery to the people of Zambia based on the ruling Party Manifesto and in accordance with the transformation Agenda for Government going forward:
1. Legislative Matters:
(a) The Penal Code (Amendment) Bill, 2022.
Cabinet approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Penal Code (Amendment) Bill, 2022.” The object of this Bill is to amend the Penal Code so as to replace the death penalty with life imprisonment; and repeal the offence of defamation of the President.
The Penal Code Act, Chapter 87 of the Laws of Zambia, was enacted in 1930 to establish a code of criminal law and penalties of criminal offences. However, from the time of its enactment, the Penal Code has never been reviewed and it contains archaic provisions including the death penalty and the offence of defamation of the President.
(b) The Criminal Procedure Code (Amendment) Bill, 2022.
Cabinet also approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Criminal Procedure Code (Amendment) Bill, 2022.”
Like the Penal Code (Amendment) Bill, the objectives of the Criminal Procedure Code (Amendment) Bill are to replace the penalty of death with life imprisonment and repeal the penalty for defamation of the President. The Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, was enacted in 1933 to facilitate the application of the Penal Code, Chapter 87 of the Laws of Zambia, in matters relating to the procedure for criminal cases.
Similarly, from the time of its enactment, the Criminal Procedure Code has never been reviewed and it also contains archaic provisions, including the death penalty and imprisonment for defamation of the President.
Cabinet unanimously agreed that in accordance with the principles of the New Dawn Administration, the enactment of the two Bills will greatly promote the right to life as enshrined in the Constitution, and that further, in amending the two laws, Government will ensure that Zambia conforms to international best practice and standards on the right to life and other freedoms.
(c) The Zambia Institute of Banking and Financial Services Bill, 2022.
During the same Meeting, Cabinet approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Zambia Institute of Banking and Financial Services Bill, 2022.”
The objectives of this Bill are to continue the existence of the Zambia Institute of Banking and Financial Services and provide for its functions; provide for the registration of banking and financial services practitioners and regulate their practice and professional conduct; and promote the banking and financial services profession. Cabinet has recognised that, currently, there is no specific law to regulate the conduct of practitioners in the banking and financial services profession, hence the need for such legislation in the country.
(d) The Securities (Amendment) Bill, 2022.
Another Bill approved by Cabinet, for publication and introduction in Parliament during the current sitting, is “The Securities (Amendment) Bill, 2022.”
The objectives of this Bill, among others, are to implement a risk-based approach in the supervision and regulation of capital markets; revise the supervisory powers of the Commission; provide corrective measures to an under-capitalised capital markets operator; provide for the appointment of an auditor by a licensed person and revise the powers of the Capital Markets Tribunal.
Cabinet observes that it is necessary to amend the Securities Act No. 41 of 2016, so as to align it with the risk based framework introduced under the Financial Intelligence Centre Act No. 46 of 2010. This will ensure that the Commission effectively and efficiently undertakes its supervisory mandate over capital markets, especially in combating money laundering and countering the financing of terrorism; proliferation financing; and any other serious offence, matters of which Government has already expressed interest to deal with.
(e) The Constituency Development Fund (Amendment) Bill, 2022.
During the same Meeting, Cabinet approved, in principle, the introduction in Parliament of a Bill entitled “The Constituency Development Fund (Amendment) Bill, 2022, to repeal and replace the Constituency Development Fund Act No. 11 of 2018.
Cabinet observes that the Constituency Development Fund Act, enacted in 2018, does not adequately provide for the manner of decentralisation as envisaged by the Government. Further, there is need to strengthen the application, disbursement and management of the CDF.
The New Dawn Administration has prioritised decentralisation as a major driver for attaining broad-based development; reducing poverty; and enhancing job creation through citizen engagement and participation at the local level. With the massive increase of the CDF, it is necessary that there is no impediment in the provision of services to the people and also ensure that development is delivered in the most-quicker manner. The amendment of the existing law, therefore, will also facilitate increased absorption of the CDF country-wide.
(f) National Pension Scheme (Amendment) Bill, 2022.
Cabinet also approved, in principle, the introduction of a Bill in Parliament to amend the National Pension Scheme Act No. 40 of 1996 so as to provide members of the Scheme an option to access part of the contributions before retirement.
The New Dawn Administration has made a policy pronouncement on the need for a partial access to pension contributions by members of the National Pension Scheme through The President’s inaugural address to Parliament; the UPND Manifesto (2021-2026); and the 2022 Budget Speech, combined, as some of the policy documents that have pronounced the introduction of partial pension benefits.
However, the National Pension Scheme Act No. 40 of 1996, in its current form, does not allow for the implementation of the policy pronouncement on partial access to pension contributions by members of the National Pension Scheme. Therefore, to implement this policy pronouncement, it is necessary for the National Pension Scheme Act No. 40 of 1996 to be amended. Cabinet is convinced that this is a good policy decision as it will allow employees to start planning for their retirement early enough.
2. Mineral Resources Development Policy and Implementation Plan.
Apart from the legislative matters attended to during the Meeting, Cabinet also approved the Mineral Resources Development Policy and its Implementation Plan 2022 – 2026.
Cabinet has observed that the Mineral Resources Development Policy of 2013 is inadequate in dealing with the many new issues taking place both locally and internationally in the mining industry. Therefore, there is need to address these new challenges that have emerged in the industry such as low investment in mineral exploration and mining; low participation of Zambians in the mineral value chain; inadequate growth coupled with the informality of the artisanal and small-scale mining sub sector; and to operationalise the new Government ambitions to ramp up Copper production to three million metric tons per annum by 2031.
3. Key Findings and Recommendations from the Audit of the Mining Cadastre System for Mining and Non-Mining Rights.
During the same Meeting, Cabinet approved some recommendations from the 2022 findings of the Mining Cadastre Audit Report.
The approved recommendations include re-opening the Mining Cadastre Department following the completion of the audit exercise; floating of the bids for the blocked mining rights to companies which are wholly or partly owned by Zambians; restricting the number of mining rights an entity or company or related companies should have to only five; ensuring that foreign entities, wishing to acquire mining rights, partner with Zambians or companies owned by Zambians; and utilisation of ICT in the conduct of business to avoid human interaction.
Cabinet further agreed to address the issues which have compromised the issuance and management of Mining Rights; implement decisive measures to unlock investment in the mining industry; and enhance efficiency, transparency and accountability in the administration of mining rights.
4. Integrated Artisanal and Small-Scale Gold Mining and Marketing Development Model.
Cabinet also approved the Integrated Artisanal and Small-Scale Gold Mining and Marketing Development Model, which will be used to develop the Artisanal and Small Scale Gold Mining sub sector; identification or appointment of a Government entity as the Gold Aggregator; establishment and formalisation of the gold marketing centres; establishment of a Gold Refinery and value addition centres through Private Public Partnerships (PPPs); establishment and operationalisation of the Minerals Regulatory Commission; and provision of State Security in all gold mining areas and improve security in trading areas for gold miners and traders.
Cabinet has recognised that there has been a proliferation of informal artisanal gold mining activities in many parts of the country involving multitudes of youths. Therefore, this in itself is testimony that, if well-managed, the sub-sector has the potential to absorb many youths in the much-needed job and wealth generation activities. Considering that these youths are attached to families, Cabinet is convinced that artisanal gold mining is one avenue through which Government can fight extreme poverty, especially in the rural areas and consequently, lead to development in line with the Eighth National Development Plan.
5. Fourth Cycle National Report on the Universal Periodic Review.
In winding up debate for the day, Cabinet approved the Fourth Cycle National Report on the Universal Periodic Review (UPR) so that the Report can be submitted to the Human Rights Council as per the Human Rights Council resolution 16/21 adopted on 25th March, 2011, and decision 17/119 pertaining to the review of the Council, the second and subsequent cycles, which provides that Universal Periodic Review (UPR) should focus on, among other things, the implementation of the accepted recommendations and developments of the human rights situations in the State under review.
Every UN Member State is required to prepare and submit a Fourth Cycle National Report on the Universal Periodic Review. Zambia, being a UN Member State, is among the group of States to be reviewed by the Universal Periodic Review Working Group during the January-February, 2023 Calendar reviews.
Hon. Chushi Kasanda, MP
MINISTER OF INFORMATION AND MEDIA AND CHIEF GOVERNMENT SPOKESPERSON
16th October, 2022