Zambia Law Development Commission

ZLDC HANDS OVER THE REPORT ON THE REVIEW OF THE RURAL ELECTRIFICATION (AMENDMENT) BILL, 2020 TO THE MINISTER OF ENERGY, HON. MATTHEW NKHUWA

Source of picture: ZNBC

The Zambia Law Development Commission (ZLDC) has Wednesday, 3rd February, 2021 successfully handed over the Rural Electrification (Amendment) Bill, 2020 to the Minister of Energy, Hon. Matthew Nkhuwa. The handover ceremony was done virtually.

In his acceptance speech, Mr. Nkhuwa said that in line with the energy policy Government is committed to providing electricity for the people that live in rural areas so the need to amend the Act. The Minister explained that the journey to amend the Rural Electrification Authority Act No. 20 of 2003 has not been an easy task due to the resurgence of Coronavirus Disease (COVID-19) which has affected the operations of public utility and affected their productivity.

He has further added that the report by Zambia Law Development Commission reflects the views of various stakeholders who took part in the review process as this will help in the development of the Rural Electrification Bill which will then be presented to Cabinet and the National Assembly for consideration.

Meanwhile, ZLDC Chairperson Justice Roydah Kaoma in a speech read on her behalf by Commissioner, Mr,Shilambwe Mwaanga has revealed that ZLDC was engaged to facilitate stakeholder consultations across the country. Some of the gaps included the terms ‘authority’ and ‘board’ being used inter-changeably, corporate governance, that is the composition and functions of the board needed to be enhanced), and the definitions section in the Act needed to be enhanced.

“The gaps necessitated the review of the Rural Electrification Act and resulted in the development of the Rural Electrification (Amendment) Bill, 2020. Following the development of the Bill, the Zambia Law Development Commission was engaged by the Rural Electrification Authority to facilitate stakeholder consultations. This was with a view to ensure that the final Bill incorporated into the draft legislation the social and political values of the Zambian people”, he said.

He has outlined some of the activities the Commission undertook in carrying out the assignment which included stakeholder consultations and validation, a desktop review involving consideration of allied legislation, and a comparative analysis with jurisdictions having similar legislation.

Among the specific findings and recommendations made by the Commission to the draft Bill include; the need to Enhance the composition of the Board, the need to encourage private sector participation in the energy sector in order to promote innovation, research and sustainable growth; make the Minister responsible for Energy the appointing authority for the Chairperson of the Rural Electrification Authority, define the term “rural area” and the phrase “rural growth centre. The other recommendations include the need to create a dichotomy between the Authority and the Board of the Authority by assigning distinct functions to the Board and the institution, the need for appropriate bodies to determine allowances payable to members of the Board as well as salaries and allowances payable to the Director General and staff of the Authority and to void using the phrase “Chief Executive Officer”, which is a generic phrase, when referring to the person responsible for the day-to-day management of the authority.

Meanwhile, Rural Electrification Authority Board Chairperson, Mr. Johnstone Chikwanda has thanked all the stakeholders that took part in the review process adding that the proposed Bill will enable enhance development in rural areas.

“We believe that the proposed Amendment of the Act is a timely response to the changing technology, climate impact and evolving corporate governance. Therefore, REA’s continued strategic position in the energy sector will continue to contribute to the development of rural areas in Zambia, with a modern approach that will address the short comings of the current Act”, he said.

Zambia Law Development Commission

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