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1 Report of the Committee on Delegated Legislation For REPORT OF THE COMMITTEE ON DELEGATED LEGISLATION FOR THE THIRD SESSION OF THE ELEVENTH NATIONAL ASSEMBLY APPOINTED ON 25TH SEPTEMBER, 2013 Consisting of: Ms M Lubezhi, MP (Chairperson); Mr H I Mwanza, MP; Mr B Mutale, MP; Mr I K Banda, MP; Mr A D Mbewe, MP; Mr A Sichula, MP; Mr C Mweetwa, MP; and Mr M Mutelo, MP. The Honourable Mr Speaker National Assembly Parliament Buildings LUSAKA Sir, Your Committee has the honour to present its report for the Third Session of the Eleventh National Assembly. FUNCTIONS OF THE COMMITTEE 2. Your Committee was guided in all its deliberations by Standing Order No. 154 (4) which sets out the functions of your Committee as follows: “The Committee shall scrutinise and report to the House, through Mr Speaker, whether the powers to make orders, regulations, rules, sub-rules and by-laws delegated by Parliament are being properly exercised by any person or authority within such delegation. As the machinery of delegated legislation is dealt with under the heading “Statutory Instruments”, these instruments must: (a) be in accordance with the Constitution or statute under which they are made; (b) not trespass unduly on personal rights and liberties; (c) not make the rights and liberties of citizens depend upon administrative decisions; and (d) be concerned only with administrative detail and not amount to substantive legislation which is a matter for parliamentary enactment.” If your Committee is of the opinion that a Statutory Instrument should be revoked wholly or in part or should be amended in any respect, it reports that opinion and the ground thereof to the House. The consideration of the report is through a motion in the House which, if carried, becomes a decision of the House. MEETINGS OF THE COMMITTEE 3. Your Committee held a total of twenty one (21) meetings during the period under review and considered a total of 114 Statutory Instruments. Your Committee also undertook a local tour of various Government and other facilities in Lusaka, 1 Kabwe, Ndola, Kitwe, Mufulira and Solwezi Districts. These tours were in relation to various Statutory Instruments issued in 2012 and 2013. ARRANGEMENT OF THE COMMITTEE’S REPORT 4. Your Committee’s Report is arranged in three parts: Part I deals with your Committee’s consideration of various Statutory Instruments issued in 2013; Part II deals with the findings and recommendations of your Committee arising from its local tour; and Part III deals with your Committee’s consideration of the Action Taken Report on the Report of the previous Committee for the Second Session of the Eleventh National Assembly. PART I: CONSIDERATION OF STATUTORY INSTRUMENTS The deliberations of your Committee during consideration of various Statutory Instruments are summarised below. MINISTRY OF EDUCATION, SCIENCE, VOCATIONAL TRAINING AND EARLY EDUCATION STATUTORY INSTRUMENT NO 12 OF 2013: THE EDUCATION (DISTRICT EDUCATION OFFICES) (ESTABLISHMENT) ORDER 5. The Permanent Secretary submitted that this Order was made pursuant to the powers contained in Section 7 of the Education Act, 2011. The Order established two district education offices in Eastern Province, four in Luapula Province, four in Lusaka Province, one in Northern Province, three in Southern Province and one in Western Province. Committee’s Observations and Recommendations Your Committee notes the Statutory Instrument as it has been issued in line with the provisions of Section 7 of the Education Act, 2011. STATUTORY INSTRUMENT NO 58 OF 2013: THE EDUCATION (DISTRICT EDUCATION OFFICES) (ESTABLISHMENT) ORDER 6. The Permanent Secretary submitted that this Order was made pursuant to the powers contained in Section 7 of the Education Act, 2011. The Order was issued to provide for the establishment of five district education offices in Central Province, one in Northern Province, one in North Western Province and eight in Western Province. Committee’s Observations and Recommendations Your Committee notes the Statutory Instrument, which has been issued in line with the provisions of Section 7 of the Education Act, 2011. 2 STATUTORY INSTRUMENT NO 72 OF 2013: THE HIGHER EDUCATION (COMMENCEMENT) ORDER 7. The Permanent Secretary submitted that this Order was made pursuant to the powers contained in Section 1 of the Higher Education Act, 2013. This Order was issued in order to provide for the effective date of the Higher Education Act, 2013. Committee’s Observations and Recommendations Your Committee notes the Statutory Instrument as it has been issued in line with the provisions of Section 1 of the Higher Education Act, 2013. STATUTORY INSTRUMENT NO 106 OF 2013: THE KWAME NKRUMAH UNIVERSITY (DECLARATION) ORDER, 2013 8. The Permanent Secretary submitted that in 2010, the country had about 885 teachers with degree qualifications in social sciences out of the required 6,508 degree-holding teachers of social sciences, creating a shortfall of 5,623. This Statutory Instrument declared the former Kwame Nkrumah College a university. The new University was expected to focus on training of teachers of social sciences for secondary schools and would relinquish training of mathematics and natural sciences teachers to Mukuba University. It was anticipated that this measure would enable Kwame Nkrumah University to substantially increase capacity for production of teachers of social sciences at secondary school level in the country. It was expected that once fully operational, the University would produce 12,400 teachers in four years. Committee’s Observations and Recommendations Your Committee notes the issuance of the Statutory Instrument as it has been issued in accordance with the provisions of the Section 14 of the Higher Education Act, 2013. STATUTORY INSTRUMENT NO 107 OF 2013: THE EDUCATION (KWAME NKRUMAH TEACHERS’ COLLEGE BOARD) (DISSOLUTION) REGULATIONS, 2013 9. The Permanent Secretary submitted that following the declaration of the Kwame Nkrumah University, the purpose of this Statutory Instrument was to dissolve Kwame Nkrumah Teachers' College Board. Committee’s Observations and Recommendations Your Committee notes the issuance of the Statutory Instrument as it has been issued in accordance with the provisions of the Section 132 of the Education Act, 2011. 3 STATUTORY INSTRUMENT NO 108 OF 2013: THE MUKUBA UNIVERSITY (DECLARATION) ORDER, 2013 10. The Permanent Secretary submitted that the need for mathematics and science teachers at secondary school level was enormous and required urgent intervention. This challenge was more pronounced at senior secondary school level where there was a critical shortage of teachers of mathematics and science with degree qualifications. Currently, only about 12% of teachers at senior secondary school level possessed degree qualifications. Thus, the purpose of this Statutory Instrument was to declare the Copperbelt Secondary Teachers’ College (COSETCO) a university to be called Mukuba University in order to facilitate the training of teachers of mathematics and science to meet the country's requirements. Your Committee expressed concern that the use of the name Mukuba University, which was already in use by a private institution registered under the Companies Act, Chapter 388 of the Laws of Zambia in February, 2011, might create confusion in the minds of members of the public. On this matter, the Secretary to the Cabinet informed your Committee that the use of names was governed by various principles provided in the Companies Act and other applicable pieces of legislation. He stated that Section 37(3) of the Companies Act provided that the Registrar shall not register as the name of a company a name which in his opinion is likely to cause confusion with the name of another company or is otherwise undesirable. According to the Secretary to the Cabinet’s submission, in this instance, there was no likelihood of confusion of the institutions. Further, the name Mukuba was not reserved for exclusive use in terms of Section 38 of the Companies Act. In this light, there were other lawfully registered entities using the name Mukuba. Committee’s Observations and Recommendations Your Committee notes that the private entity was registered long before the promulgation of Statutory Instrument No 108 of 2013. Additionally, your Committee is doubtful whether the provisions of the Companies Act, Chapter 388 of the Laws of Zambia, which have been quoted by the Secretary to the Cabinet in his response are relevant in this case since the declaration of Mukuba University was done by Statutory Instrument, which did not require prior clearance of the name by the Registrar. Your Committee, in this regard, further reiterates that, contrary to the position taken by the Secretary to the Cabinet, it is of the considered opinion that the possibility of confusion arising out of the use of the same name by the two institutions in the same line of business is very high. In fact, your Committee takes the strong view that the existence of two institutions by the name of Mukuba University is not desirable, particularly in light of the fact that a university is an organisation which has international character and may even enjoy accreditation at international level. Therefore, there should be no doubt as to the identity, credibility or standing of the institution from which a graduate obtains his or her qualification, hence the need for clearly distinct names of such institutions. In light of the foregoing, your Committee implores the Government to urgently revisit the issue of the use of the name Mukuba University by the two institutions with a view to resolving this matter amicably. Your Committee will await a progress report on the matter. 4 STATUTORY INSTRUMENT NO 109 OF 2013: THE EDUCATION (COPPERBELT SECONDARY TEACHERS’ COLLEGE BOARD) (DISSOLUTION) REGULATIONS, 2013 11. The Permanent Secretary submitted that following the declaration of COSETCO as a University, the purpose of this Statutory Instrument was to dissolve the Copperbelt Secondary Teachers' College Board. Committee’s Observations and Recommendations Your Committee notes the issuance of the Statutory Instrument as it has been issued in accordance with the provisions of Section 132 of the Education Act, 2011.
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