UKA STATEMENT ON MINISTERIAL STATEMENT ON HEALTH OF FORMER PRESIDENT

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UKA STATEMENT ON MINISTERIAL STATEMENT ON HEALTH OF FORMER PRESIDENT

It appears that Deputy Speaker of National Assembly may allow a ministerial statement in the house on the health of former president Edgar Lungu. Ministerial statements are followed by questions relating to the same.



This is going to be a first in the commonwealth. Debates on the health of an individual are extremely rare and typically are with the consent of the individual. One notable example is the debate surrounding the mental health of a member of parliament in the UK which was discussed in the context of parliamentary procedure and support systems. This debate is handled discretely and cannot be found in parliamentary records.


RIGHT TO ACCESS INFORMATION IS PROVIDED FOR IN ACCESS TO INFORMATION ACT 2023

Section
6. (1) Subject to this Act and any other written law,a citizen or a residence permit holder has the right to access information held by, or under the control of, an information holder.

21. Despite section 8, an information holder shall not publish information where the information holder—
(a) is satisfied that the information or part of the information is exempted from disclosure under this Part; or



General limitation on right to access information

23. (1) Subject to subsection (2), an information holder shall not grant access to or disclose information if the disclosure of the information would involve the disclosure of confidential personal data of a third party, including a deceased person.
(2) A request may be granted or information disclosed under subsection (1) where—
(a) the third party consents to the disclosure;



27. (1) Subject to subsection (2), an information holder shall not grant a request if the information requested for is privileged under any written law.

In Zambia, the confidentiality of medical records is protected by several laws and regulations:

1. The Medical Practitioners Act, Cap 398 of the Laws of Zambia
This Act requires medical practitioners to maintain confidentiality of patient information.



2. The Nurses and Midwives Act, Cap 305 of the Laws of Zambia
This Act also emphasizes the importance of maintaining confidentiality of patient information.

3. The Health Professions Act, No. 24 of 2009
This Act regulates health professionals and requires them to maintain confidentiality of patient information.



4. The Data Protection Act, No. 3 of 2020
This Act regulates the processing of personal data, including medical records, and requires data controllers to ensure confidentiality, integrity, and security of personal data.

5. The National Health Services Act, Cap 214 of the Laws of Zambia
This Act establishes the National Health Services and requires healthcare providers to maintain confidentiality of patient information.



6. The Zambia National Health Policy (2019)
This policy emphasizes the importance of confidentiality and privacy in healthcare services.

7. The World Health Organization’s (WHO) International Code of Medical Ethics
Although not a law, this code is widely adopted and respected in Zambia, emphasizing the importance of confidentiality in medical practice.



8. The Zambia Medical Association’s (ZMA) Code of Ethics
This code also emphasizes the importance of confidentiality in medical practice.

These laws and regulations collectively provide a framework for protecting the confidentiality of medical records in Zambia.

UPND cabinet and back benchers, by introducing a ministerial statement on former President Lungu’s health, want to discuss what would clearly go against not only our laws but even international conventions that we are party to.



They would rather do this than discuss the high cost of living.
On the 19th February 2025, we saw the entire front and back benches of the UPND walk out when debate of the high cost of living was due to be heard.

It seems more important for the UPND to discuss an individual’s health than the national health crisis of all Zambians brought about by the high cost of living.

Speaker of National Assembly, Nellie Mutti, on 8th November 2022 ordered that all the opposition Members of Parliament who walked out during the Vice President’s question time would not get their sitting allowances.



Speaker Mutti ordered the clerks to take note of the MPs who had walked out of the house to ensure that they did not get their allowances.

The Speaker of the National Assembly must show consistency and order that all the cabinet ministers and members of parliament who walked out yesterday do not receive their sitting allowances.



What is good for the goose is good for the gander.

All MPs are equal and we do not believe some MPs are more equal than others.

Not to do so will take away from the credibility of the Speaker and the House.

SAKWIBA SIKOTA S.C.,

CHAIRMAN

UNITED KWACHA ALLIANCE (UKA)

20/02/2025

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