|
The first article to be considered was on imposition of tax. This article seeks to grant powers to Parliament to impose taxes in various ways.
During deliberations, this article generated a lot of debate to the extent that even traditional leaders raised issues about the need for them to be allowed to impose tax as a way of raising funds for developmental projects within their chiefdoms.
But after a lengthy debate, the members adopted the article which does not allow the imposition or altering of taxation except by or under an act of Parliament.
Also adopted was an article on the establishment of the National Treasury Account (NTA) to be held at the Central Bank. This account will hold all moneys raised or received on behalf of the Republic of Zambia.
The article concerning withdrawal from the NTA was yet another one which was debated at length along with its clauses.
This article spells out various conditions under which moneys could be withdrawn from this account and expended.
One such condition is that moneys shall not be expended from the general revenues in the NTA of the Republic unless the expenditure is authorized by a warrant under the hand of the President.
Another sub-clause of this same article provides that no funds shall be expended from the general revenues in the NTA unless the expenditure is charged by the constitution or any other law on the general revenues of the Republic.
The other clause of this same article provides that a warrant shall not be issued by the President authorizing expenditure from the general revenues of the republic unless:-
• such an expenditure is authorized by an appropriation Act;
• the expenditure is necessary to carry on the services of the government in respect of any period, not exceeding three months beginning at the commencement of a financial year during which the appropriation Act for that financial year is not in force.
The Planning and Budget Act was one other article which was adopted without much debate along with its clauses.
This is where it was recommended that Parliament shall enact a Planning and Budget Act to provide for matters that relate to the annual budget and to medium and long term development plans designed to among other functions, spell out the method for the preparation of the budget as well as the preparation of medium and long term development plans indicating corresponding sources of financing.
Appropriation Bill and Supplementary Appropriation Bill, was yet another article closely considered and adopted by the plenary.
This article has five (05) clauses the first of which stipulates that; When the estimates of the expenditure have been approved by the National Assembly, the heads of the estimates together with the amount approved in respect of each head shall be included in an appropriation Bill which shall be introduced in the National Assembly to provide for the payment of those amounts for the purposes specified, out of the general revenues of the Republic.
Another clause under this article stipulates that; Where in respect of a financial year the amount appropriated under an appropriation Act is insufficient or a need arises for expenditure for a purpose for which an amount has not been appropriated under that Act, a supplementary estimate showing the amount required and the sources of the revenue to cover the amount shall be laid before the National Assembly for approval by the Minister responsible for finance.
An article to do with borrowing by government and particularly clause three (03) which talks about terms and conditions of contracting a loan as recommended by the Public Finance Committee, was hotly debated by the members who were consequently divided.
In order to break the impasse between those who were for and against the clause, it was found necessary to take a vote and that whichever side would secure a two thirds majority, would carry the day and thus their recommendation would be adopted by the plenary.
During the vote conducted by the Electoral Commission of Zambia (ECZ), none of the two sides managed to get the required two thirds majority.
This therefore meant dropping the Committee’s recommendation altogether and as a result, members considered and debated the recommendation contained in the Mung’omba Draft Constitution.
This too, was hotly debated but unfortunately no clear decision was reached thereby causing another division which led to another vote.
The second vote did not break the stalemate as none of the two opposing sides obtained the required two- thirds majority.
The clause was consequently referred to the referendum for the final decision by the general citizenry.
When National Constitutional Conference (NCC) Chairperson Chifumu Banda welcomed the members to the plenary recently, he called on them to be prepared for hard work in order that they produce the new draft constitution in record time.
True to the words of the Chairperson, the members set out for even more serious work by receiving the recommendations of the Public Finance Committee immediately after the welcoming remarks. The report of the Committee was presented to plenary by its Chairperson Mrs. Sherry Thole.
Since then there has been no moment of relaxation on the part of the members as they have relentlessly worked hard to meet the expectations of the people on the constitution making process.
In spite of the need for them to work with speed during the adoption process, the members have been weary of the need to be accurate and resolute in their work.
All in all therefore, the Conference has started its work on very encouraging note and one hopes that the zeal and the level headedness so far exhibited will continue as the plenary forges ahead in debating and adopting more recommendations from various Committees.
News Archive
|