-No state borrowing without parly approval

No state borrowing without parley approval
Lusaka, April 17, 2013, ZANIS……. The on-going National Constitution
Convention has retained an article in the First Draft Constitution on
the borrowing and lending by government to permit it to borrow
money from any source but subject to parliament authorization.

Clause (1) of Article 282 provides that Government may borrow money
from any source and further  in clause (2) of the same article
explains that government shall not borrow, guarantee or raise a loan
on behalf of itself or any state organ, state institution, authority
or person except as authorized by or under an Act of Parliament.

But clause (3) has categorically explained that notwithstanding clause
(2) the government shall lay before the National Assembly the terms
and conditions of the loan which shall not come into operation unless
approved by a simple majority vote of National Assembly and pay any
money received in respect of the loan paid into the consolidated Fund
or into some other public fund which exists or is created for the
purpose of the loan.

In this case Government will be required to lay before the National
Assembly terms and conditions that includes the source of the loan,
the extent of the total indebtedness by the way of principal and
accumulated interests, the provisions made for servicing or repaying
of the loan and the utilization and performance of the loan.

Meanwhile , the house has adopted Article 279 (1) to provide that the
president shall subject to clause (2) cause to be prepared and laid
before the National Assembly in each financial year, not later than
ninety days before the commencement of the financial year, estimates
of revenues and expenditure of the government for the next financial
year.

And clause (2) of the same article has been adopted which provides that
the Minister shall, when presenting the estimates of revenue and
expenditure under clause (1) specify the maximum limits that the
government intends to borrow or lend in that financial year.

While clause (3) states that in any year where a general election
takes place, the president shall cause to be prepared and laid before
the National Assembly, within ninety days of the swearing in of the
president, estimates of revenues and expenditure of the government for
next financial year.

The group justified that the clause would ensure that the
government-elect could implement their plans and policies in the
following year.

The Draft Constitution has further mandated Parliament in article 280,
to enact legislation relating to the annual budget and estimates of
expenditure including the method for the preparation of the budget,
the preparation of medium and long term development plans indicating
corresponding sources of financing.

The house adopted the recommendations by the thematic group on Public
Finance that the article be adopted without amendment after it was
explained that the amendments would be provided for in an  Act of
Parliament.

But the house agreed that the marginal note on article 280 be amended
by introducing the words ‘planning and ‘ , so that it could read as
planning and budget legislation after amendment.