Functions and Significance of the Legislature in Zambia

1. The Legislature  Meaning and functions of the legislature Meaning and functions of the legislature  The law-making branch of a representative government.  The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic.  A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution.  In Zambia, Legislature is referred to as parliament composed of the national assembly and the president.  The legislature is the branch of government responsible for enacting the general rules of society in form of laws.

2. The Legislature  The laws of the state prescribe the manner in which people are expected to live in society.  The national assembly consists of 150 elected MPs, 8 nominated MPs and the Speaker of the National Assembly.  An MP is called a legislator, a member of the legislature elected to represent the interests or the voters of a specific constituency. In Zambia, a member of the National Assembly is referred to as a Member of Parliament.  The product of legislative action: laws, statutes, ordinances and so on. The legislative process is inherently messy, full of compromise, hypocrisy and self-interest that sometimes the best legislation is no legislation.  Direct legislation relates to laws enacted by the jurisdictions population via initiative, referendum in contrast to laws enacted by an elected legislature.  Legislative functions consist of two kinds of work; making laws and deliberating them.

3. Functions of the Legislature  For many of its purposes the government needs to obtain an Act of Parliament. In particular, an Act is necessary for implementing government policies that require changes in the law, the imposition of charges on the public or the assumption of new legal powers. 1) 1) Legislative Functions Legislative Functions  Law is regarded as the expression of the will of the people expressed through representative assembly bodies such as the legislature.  The legislature makes laws to meet the changing needs of society and ensure that the laws are in harmony with the new social environment.  (1) Parliament shall enact legislation through Bills passed by the National Assembly and assented to by the President.

4. Functions of the Legislature 2) 2) Deliberative Functions Deliberative Functions  To make laws that mirror/reflect public opinion, it is necessary for the laws not to be made hurriedly but should be subjective to thorough scrutiny.  The legislature is a forum where thinking is done, as it consists of many persons representing numerous interests various view points and different sections of the community.  Deliberation is the chief process by which policies are determined and laws are made.  For this reason, deliberations have been institutionalised in many legislative bodies and that led to the development of elaborate codes of parliamentary procedures and practices.

5. Functions of the Legislature 3) 3) Financial functions Financial functions  The principle financial function performed by the legislature is presentation, consideration and authorization of the national budget.  Viewed with simple outline, a budget is the nations annual statement of accounts which on the one hand shows estimates of the financial expenditure and on the other hand a calculation of anticipated revenue. a) Ensuring equity in the distribution of national resources amongst the people of Zambia; b) Appropriating funds for expenditure by State organs, State institutions, provincial administration, local authorities and other bodies; c) (Scrutinizing public expenditure, including defence, constitutional and special expenditure; d) Approving public debt before it is contracted; and

6. Functions of the Legislature 4) 4) Miscellaneous Functions Miscellaneous Functions i. The National Assembly shall oversee the performance of executive functions by approving international agreements and treaties before these are acceded to or ratified. ii. Electoral functions: elect Speaker iii. Checks and balances: ratification of major appoints including judges iv. The legislature plays a role of approving or rejecting policies or plans (i.e. appeal to retain BC to students)

7. Unicameral and Bicameral legislature  A unicameral refers to a legislature has one house or chamber National assembly  Bicameral refers to a legislature that consists of two separate chambers and houses eg. The house of representatives and the senate in Nigeria, USA or the House of Lords and House of Commons.

8. Advantages of the Zambian Unicameral Legislature There is more transparency and accountability. The representatives are more responsive to the people as they are trusted members elected directly to represent the people. Members are directly elected by the people. People can choose their trusted representatives. Less expenditure spent on maintenance. Unicameral means a single chamber, which has fewer representatives and staff to support the expenses and wages.  To help with discharging parliamentary responsibilities, each MP draws a net monthly salary of approximately K23, 000. This includes a special allowance, utility allowance and a motor vehicle maintenance allowance. There are also a few lucrative indirect benefits such as a monthly fuel entitlement of 500 litres and a standard sitting allowance of K1, 500 per day for each parliamentary session and each committee meeting (Elias Chipimo, 2014: Lusaka Times) 1) 2) 3) Reduce the duplication and confusions of responsibilities. There is only one house in charge of the legislation. A unicameral legislature helps to avoid conflict among the houses. Only one house and has less obstacles to obstruct the will of the people to be fully put forward. A unicameral legislature helps in enhancing the cooperation with the executive branch. The executive only has to answer to one legislature. It leads to time saving and speedy actions. Only one chamber represents the state and the electorates. 4) 5) 6)

9. Disadvantages of a Unicameral Legislature 1) It suffers from a lack of a system of checks and balances in the house. Because there is only one legislature, the members are free to make any decision 2) Cannot accommodate a large nation. Single chamber has fewer representatives to represent larger constituencies with diverse cultures and interests 3) It suffers from an imbalanced legislature. Members of the legislature only elected by the majority group of people, the legislature may not respond well and cannot protect the rights and will of the minority group. (In countries such as Zambia with diverse cultures, people are voted according to the tribe) 4) Preferred to become tyranny or abusive. (in a bicameral type of legislature, there control of power because the houses can check each other actions). In cases where you have a large majority from one party, abusing of power is more likely. 5) Less power to check on the executive branch. Only one house compared to two houses in a bicameral legislature. 6) Flaw and hasty decisions because there is no system of checks. (in a bicameral system, there need to have agreement in both chambers to pass a bill)

10. The Decline of Legislatures 1) 1) Structural Disadvantages Structural Disadvantages  In parliamentary systems, party discipline is strong, and legislators obey party whips.  In European parliaments we can usually predict within a vote or two how the issue will be decided: in favor of the government, because the government (that is, the cabinet) commands a majority of seats.  In such systems, individual members do little and there is no special excitement in the press and public about parliamentary affairs.  Only when coalitions break up or when members of one party defect to another do things get unpredictable and therefore interesting..

11. Parliamentary Committee System Parliamentary Committee System  Under a parliamentary democracy, Parliament oversees Government administration and subjects its activities to detailed scrutiny on behalf of the electorate.  To carry out this important function, Parliament has established parliamentary committees that conduct surveillance on defined areas of Government administration.  A parliamentary committee system ensures that the Executive is accountable to Parliament.  It enables Parliament to probe into any maladministration and make recommendations for improvement.

12. Committee System  Parliamentary committees have been in existence in Zambia as far back as the pre-independence era.  The committees have undergone growth and procedural changes over the years due to a number of factors such as increased governmental responsibilities and activities.  This system brings the legislature face to face with bureaucrats, thus increasing the information available to Parliament on governmental problems.

13. Committee System  The permanent written rules under which the House regulates its proceedings are known as the Standing Orders.  The continuing or “standing” nature of rules means that they do not lapse at the end of a session or parliament.  The detailed description of the legislative process, the role of the Speaker, the nature of the parliamentary calendar and the rules governing the work of committees and private Members’ business are some of the topics covered in the Standing Orders

14. Criteria for selection into Appointment of Members to Committees  Members of committees are selected based on the following: 1. ensure equitable representation of political parties/groups in the National Assembly 2. ensure gender representation and also 3. take into consideration the experience and qualifications of individual Members. 4. create a subcommittee to investigate in a specific matter.

15. Composition and Tenure of the Parliamentary Committees Standing committees are constituted at the beginning of Parliament to undertake various studies as delegated by the House or on their own resolutions and to submit reports to the House 1. 2. Select committees are ad hoc and are appointed when need arises for a specific purpose and have a limited life span. 3. Each committee consists of not more than ten members. However, the Standing Orders Committee may make adjustments to the membership when need arises. 4. Not less than one half of members form a quorum. 5. The Leader of Government Business in the House, Deputy Speakers, Ministers, Leader of Opposition and Chief Whip only belong to House-Keeping Committees while every member belong to a Standing Committee 6. Members cannot be appointed to more than three committees.

16. Types of Committees  Parliamentary standing committees are classified into three distinct categories as follows: 1) Housekeeping, 2) General Purpose and 3) Portfolio Committees.

17. A. Housekeeping Committees  Currently, the Committee System has four House-Keeping Committees: (i) Standing Orders Committee: The Committee serves as the management Committee of the National Assembly.  It has the mandate to consider all proposals for the amendment of Standing Orders, appoint Members to serve on a committee of the House and other duties placed upon it by an Order of the National Assembly.  The Committee is chaired by the Honourable Speaker.

18. Housekeeping Committees (ii) House Business Committee:  The Committee determines the Business to be considered by the House and other matters referred to it by the House.  The Speaker is the Chairperson of the Committee and the First Deputy Speaker is be the Vice Chairperson.

19. Housekeeping Committees (iii) Committee on Privileges, Absences and Support Services:  The Committee has the mandate to examine the privileges and immunities of Members of Parliament.  It also examines cases of absenteeism of Members from sittings of the House and Standing Committees.  It examines matters related to the comfort and convenience of Members around and within the precincts of Parliament,  Advises the Hon. Mr Speaker on matters connected to the administration of the Library, Member’s Motel and Parliament Radio and Television.  The Committee is chaired by the Honourable First Deputy Speaker and the Vice Chairperson is elected from among the members at its first sitting.

20. Housekeeping Committees (iv) Reforms and Modernisation Committee:  The Committee examines and proposes reforms to the powers, procedures, practices, organisation and facilities of the National Assembly and other duties placed upon it by any Standing Orders or an Order of the Assembly provided that in proposing such reforms,  the constitutional responsibilities, Committee ensures balance of power between the respective  roles of the National Assembly and the Government and the duties of other House-keeping Committees.  The reports of the Committee are held in camera. The Chairperson is the Second Deputy Speaker and the Vice Chairperson is elected among the members at its first sitting

21. B. General Purpose Committees  The mandate of General Purposes Committees is not confined to any specific ministry as the issues that they consider are applicable to all ministries, depending on situations and the issues involved.  The Committees elect their own Chairpersons and Vice Chairpersons at the beginning of Parliament, and the election is presided over by the Honourable Deputy Speakers.  There are four General Purposes Committees are the following;

22. B. General Purpose Committees (i) Public Accounts Committee:  This Committee is mandated to examine the accounts showing the appropriation of sums granted by the National Assembly to meet the public expenditure,  the Report of the Auditor-General on the accounts and such other accounts, and  is also mandated to exercise the powers as may be conferred on it by the Honourable Speaker or the House.  The Chairperson of the Committee is not be a member of the political party in Government.

23. B. General Purpose Committees (ii) Committee on Delegated Legislation mandated to:  Scrutinise and report to the House, whether the powers to make orders, regulations, rules, sub-rules and by-laws as delegated by Parliament are being properly exercised by any person or authority according to that delegation.  the statutory instruments are in line with the provisions of the Constitution or statute under which they are made;  do not trespass unduly on personal rights and liberties;  do not make the rights and liberties of citizens depend upon administrative decisions, and are concerned only with administrative detail;  and do not amount to substantive legislation which is a matter for Parliamentary enactment.  The Committee is also mandated to exercise the powers as may be conferred on it by the Honourable Speaker or the House.

24. B. General Purpose Committees (iii) Committee on Government Assurances: is mandated to:  Scrutinise all assurances, promises and undertakings made by the Vice President and Cabinet Ministers on the floor of the House,  with the objective of ensuring that these are implemented, and to comment on delays in implementation and also the adequacy of the action taken.  The Committee is also mandated to follow up on the implementation of the resolutions of the House on Private Member’s Motions and to exercise the powers as may be conferred on it by the Honourable Speaker or the House.;

25. B. General Purpose Committees (iii) Budget Committee: The Committee is mandated to:  examine the estimates of Revenue and Expenditure, including the Supplementary Estimates of Expenditure and Excess Expenditure;  report on economics, improvement in organization, efficiency for administration reform, consistent with the policy underlying the Estimates, and examine whether the money is well laid out within the limits of policy implied in the Estimates;  study, inquire into and report on matters related to coordination, control and monitoring of the National Budget;  conduct Budget hearings;  review Estimates of Revenue and Expenditure and make recommendations to the House;  examine the Medium-Term Expenditure Framework and budget policy statements presented to the House;  examine money Bills, including the Excess and Supplementary Appropriation Bills;  examine tax rates and estimates, economic and budgetary policies and programmes with direct budget outlays;  examine public debt before it is contracted;  exercise the powers as may be conferred on it by the Honourable Speaker or the House.

26. (C) Portfolio Committees  Portfolio Committees relate to the structure of Government.  At the beginning of Parliament, and presided over by the Honourable Deputy Speakers, the Committees elect their own Chairpersons and Vice Chairpersons.  Currently, there are fourteen Portfolio Committees  A committee may sit whilst the House is sitting provided that, on a division being called in the House, the Chairperson of the committee suspends the proceedings in the committee for such time as will, in his/her opinion, enable the members to vote in a division.

27. Duties of Portfolio Committees (a) study, report and make appropriate recommendations to the Government through the House on the mandate, management and operations of the Government ministries, departments and agencies under their portfolio; (b) carryout detailed scrutiny of certain activities being undertaken by the Government ministries, departments and agencies under their portfolio and make appropriate recommendations to the House for ultimate consideration by the Government; (c) make, if considered necessary, recommendations to the Government on the need to review certain policies and certain existing legislation; (d) examine annual reports of Government ministries and departments under their portfolios in the context of the autonomy and efficiency of Government ministries and departments and determine whether the affairs of the said bodies are being managed according to relevant Acts of Parliament, established regulations, rules and general orders; (e) consider International Agreements and Treaties in accordance with Article 63 of the Constitution; (f) consider special audit reports referred to them by the Speaker or an order of the House; (h) where appropriate, hold public hearings on a matter under their consideration;

28. Operations of Committees (a) Programme of Work: At the beginning of every Session, all General Purposes and Portfolio Committees will begin their annual sessional assignments by drawing up a comprehensive programme of work which will define the activities to be undertaken in each year/session. (b) Summoning of Witnesses: (c) When the General Purposes and Portfolio Committees begin to meet as per their programme of work, they are at liberty to call any person and/or document that they feel will assist them in their work. (d) It is contemptuous for any witness to fail to appear before any parliamentary committee without giving good and acceptable reasons. It is equally contemptuous for any witness to give false information to a parliamentary committee. (e) In addition to reasonable expenses for transport actually incurred, witnesses summoned to give evidence before the Assembly or a committee thereof, are paid expenses on such conditions and at such rates as the Speaker determines. (f) Payment at the discretion of any committee may be made to any professional or other witnesses or to persons whom the committee may deem necessary to employ in furtherance of the inquiry with which the committee is charged

29. Operations of Committees c)  The proceedings of committees are open to the public. Committees may also decide to conduct their business in camera.  Whenever necessary, respective committees inform the public through the media about issues under consideration. Those interested and with the necessary information, submit their written comments to the respective committees for consideration. Thereafter, the committees are at liberty to invite any members of the public to their meetings as witnesses.  Committees should take Parliament to the people through inquiries. Public input is important and committees should, as much as possible, promote public awareness and debate on matters such as Government policies and Bills being considered by Parliament. Committees should provide a forum for the presentation of the various views of individual citizens and interest groups.  Committees are allowed to conduct public inquiries and the media can comment and report on their activities during their proceedings and after they have presented their reports to the House. Public inquiries by committees enhance the effectiveness of the committee’s recommendations. Public Participation in the Deliberations of Committees:

30. Operations of Committees (d) Committee Reports  Upon completion of their deliberations as per their respective programmes of work, all the General Purposes and Portfolio Committees compile their reports which are tabled in the House for consideration and subsequent adoption.  Where the House does not adopt a committee report, all its contents become null and void and cannot, therefore, be used as reference material. (e) Confidentiality of Committee Reports  Although proceedings of committees are open to the public, the final outcome of those proceedings, which culminate into committee reports, still remain guarded property of the National Assembly.  Committee reports are, therefore, treated as confidential until after being tabled in the House and adopted.

31. Operations of Committees (f) Action-Taken Reports  After committee reports have been adopted by the House, copies of the same, with covering letters, are sent to the respective ministries to take action on the observations and recommendations made by the committees on the various issues considered.  According to established Parliamentary Practice and Procedure, and the Standing Orders of the National Assembly, Action-Taken Reports or Treasury Minutes should be submitted to the National Assembly and tabled in the House not more than sixty days from the date on which a particular committee report was adopted.

32. Operations of Committees (g) Nature and Scope of the Action to be taken  Parliaments and their committees do not govern nor do they seek to govern. Rather, parliaments and their committees have the mandate to enforce accountability by those that govern to those that they govern.  The observations and recommendations that committees make are, therefore, meant to enforce this accountability.  However, where the Executive feels very strongly that a particular recommendation cannot be adhered to, it is required to give a convincing reason why such recommendation cannot be accepted.  In other words, it is not obligatory for the Executive to implement all the recommendations made by committees of Parliament, provided that where differences of opinion occur, explicit and satisfactory reasons should be given.