(This Document is the Property of the Government of the Republic of Zambia) PRIVATE SECTOR DEVELOPMENT REFORM PROGRAMME (PSDRP) COMPLETION REPORT JANUARY 2006 – MAY 2009 Prepared by the Private Sector Development Reform Programme Programme Management Unit June 2009 Executive Summary This completion report is a summation of the activities undertaken by the Private Sector Development Reform Programme (PSDRP) in the period January 2006 – May 2009. It provides a historical perspective about the implementation of the programme and the status at the end of May 2009. In 2004 the Government of the Republic of Zambia embarked on an ambitious Private Sector Development (PSD) Reform Programme with the aim of accelerating private sector led economic growth. The Private Sector Development Reform Programme was established as the Government of Zambia reform programme aimed at creating a favourable and competitive environment for a vibrant private sector. Its goal was to lay the foundation for faster sustained private sector led growth by improving the investment climate. It encompassed reforms across various sectors of the economy. The Government believed that private sector led growth would be achieved through the creation of a market friendly macroeconomic environment, an enabling regulatory framework, enhanced infrastructural policy, reduced administrative barriers, economic diversification, increased exports and broad based economic empowerment and participation. The PSDRP was an expansive programme encompassing reforms across various sectors of the economy. It was designed as a partnership between the Government and the Private Sector with support from the Cooperating Partners. The PSDRP basket fund donors were the Governments of the Kingdom of the Netherlands, Finland, United Kingdom and Sweden. The World Bank provided Technical Assistance for the Business License Reform and the Public Private Dialogue. The Total committed funds for the programme were US$10.2 million of which 100% was spent as at the end of the review period. The PSDRP period which was from January 2006 to March 31 2009 was preceded by an interim period from May 2005 to December 2005. A number of reform priorities were drawn up during the interim phase namely: Administrative Barriers; Citizens Economic Empowerment; Energy; Immigration; Labour Law; Lands, Livestock Disease Control; Public-Private Partnership in infrastructure; Small Claims Court; Telecommunications; Tourism; and Trade Expansion. These reform priorities were reviewed at the end of December 2007 and three priority areas were selected for focus in 2008, namely Business Licensing Reform, Micro Small and Medium Enterprise (MSME) Development and Labour Law Reform. The implementation structure that was put in place to drive private sector development in Zambia comprised the Zambia Business Council, Steering Committee, Line Ministries, Working Groups and the Private Sector Development (PSD) Programme Management Unit. Through the Programme the Government approved a number of policies, amended laws and enacted new laws and created new institutions as a means of contributing to an improved business environment and an enhanced investment climate. These 1 actions were carried out in conjunction with other projects like the Triangle of Hope and the Millennium Challenge Account (MCA) Zambia Threshold Project. In summary four policies were approved, namely ICT Policy, National Energy Policy, PPP Policy and MSME Policy. Five new laws were enacted, ZNTB Act, Tourism and Hospitality Act, ZDA Act and CEEC Act and amendments made to two Acts namely the Labour and Industrial Relations Act and Small Claims Act. Two institutions, one department and one unit were formed namely, ZDA, CEEC, Department of Communications and approval was granted to establish the PPP Unit. A Credit Guarantee Scheme to support Micro and Small enterprises access finance was also established. The programme made a significant contribution to the increased resources allocated to the Livestock Industry in the 2009 national budget and the appointment of a Minister of Livestock and Fisheries following the programme support that was given to the Livestock Disease and Control Working Group to review the Livestock Industry. The momentum that was generated in the first phase of PSDRP and the demonstrated ownership of the reforms by the Government of the Republic of Zambia will be used to support a second phase of the programme. Although at the start of the Programme the implementation of the reforms was considered slow, the end can be considered as high. At the end of the reporting period Zambia’s ranking on the Ease of Doing Business in the World Bank Doing Business Report 2009, had improved from 116 places to 100, a position which the Government has already targeted to improve by 50 %. One ingredient that is visibly present and demonstrated is the high level political will to implement private sector reforms. This commitment has already been demonstrated by the allocation of resources to the private sector development programme in the 2009 National Budget. In the next five years the allocation will increase as private sector reforms are institutionalised. 2 1.0 Introduction and Background 1.1 Introduction This completion report is a summation of the Private Sector Development Reform Programme activities undertaken in the period January 2006 to May 31 2009. The report captures the objective of the programme, the priority reform areas, challenges faced and achievements made. The Private Sector Development Reform Programme (PSDRP) was established as the Government of Zambia reform programme aimed at creating a favourable and competitive environment for a vibrant private sector. Its goal was to lay the foundation for faster sustained private sector led growth by improving the investment climate. It encompassed reforms across various sectors of the economy. The Programme was developed around six reform areas. Here below are the specific objectives for each of the reform areas: REFORM AREAS REFORM AREA REFORM OBJECTIVE Policy environment & institutions Create an enabling macroeconomic environment, strengthen the public agencies that support PSD and enhance public/private dialogue Laws & regulations Improve regulatory frameworks and revise investment code to foster Private Sector Development (PSD) Infrastructure Enhance infrastructural platform for PSD by encouraging private investment in infrastructure Business facilitation & economic Remove administrative barriers to business entry and operation and facilitate development of high growth sectors diversification Trade expansion Create opportunities to access regional and international markets by Zambian businesses Citizens Unlock the growth potential of the MSME sector through business development support and local empowerment initiatives empowerment From the above six reform areas, a number of reform priorities were drawn up in 2005 namely: Administrative Barriers; Citizens Economic Empowerment; Energy; Immigration; Labour Law; Lands, Livestock disease control; Public-Private 3 Partnership; Infrastructure; Small Claims Court; Telecommunications; Tourism; and Trade Expansion. These reform priorities were reviewed at the end of December 2007 and three priority areas were selected for focus in 2008, namely Business Licensing Reform, Micro Small Medium Enterprise (MSME) Development and Labour Law Reform. The PSDRP was designed as a partnership between the Government, the Private Sector and the Cooperating Partners through which a private sector development reform agenda was supported. From inception the private sector was represented by the Zambia Business Forum (ZBF) while the programme was executed through a basket fund with contributions from four Cooperating Partners namely, Netherlands, Finland, Sweden and the United Kingdom. In 2008 Technical Assistance for the Business Licensing Reform was provided by the FIAS/World Bank. In addition to the afore mentioned other Cooperating Partners supported the Government’s private sector development agenda although they did not contribute to the PSD basket such as the European Union who supported Capacity Building for Private Sector Development Project, World Bank who supported the SEED Project, the Japanese Government JICA through the Triangle of Hope Programme and the United States Millennium Challenge Account through the Zambia Threshold Programme (ZTP). Efforts were thus combined to avoid duplications such as the establishment of the Lands and Immigration customer care centres and the computerisation of PACRO which were supported by the Zambia Threshold Project. 1.2 Background Zambia liberalised its economy in 1991, and subsequently set in motion policies that would support the development of its private sector as the engine of economic growth. Zambia also recognised the important link between investment climate, on one hand, and increased growth, wealth creation and poverty reduction on the other. At this time Zambia also felt a need for a new approach to economic management, which placed emphasis on trade liberalisation; privatisation, better governance, and favourable investment climate (i.e. right policies and institutions). This, ultimately, would encourage and attract private investment, raise productivity and increase employment. As a first step in its pursuit of accelerated economic growth and enhanced private sector development, Zambia in 2004 embarked on the implementation of the Private Sector Development Reform Programme (PSDRP) with the aim of reducing the cost of doing business, encouraging competitiveness in the private sector, enhancing the investment climate and restoring investor confidence. The process of formulating the Private Sector Development Programme (PSDRP) started in June 2002 with the holding of the Copperbelt Diversification Conference in Kitwe. At this conference, a strategic plan for economic diversification was formulated. Following the conference, a number of studies and consultations were carried out to understand the reasons for the slow performance of the local private sector. These 4 studies and consultations produced a rich set of recommendations for private sector led economic growth. However, only few proposals contained in the strategic plan were implemented. Similarly, recommendations from several private sector development studies were not implemented. In 2004 the various private sector development initiatives were reviewed and it was found that implementation of initiatives had not kept up with expectations. One of the reasons for this state of affairs was that insufficient attention was paid to the design of an adequate framework for implementing the diversification strategy. In order to address this, private sector development was formally identified as a priority of government policy at the National Consultative Forum in 2004. The Forum held in Livingstone had strong private sector participation and identified more than 72 areas of intervention. Consultations with key stakeholders were made at various levels and in different forums, including one-on-one meetings and workshops for the private sector and Permanent Secretaries. All these consultations culminated in the Private Sector Development (PSD) Forum in 2004 whose purpose was to bring to finality the PSD action planning process and to agree finally on the implementation structure. The resulting Draft PSD Reform Action Plan and implementation framework became known as the Government’s Private Sector Development Reform Programme (PSDRP). The PSDRP was formulated primarily for laying the foundation for faster and sustained private sector led economic growth by improving the investment climate. By November 2005, a base document had been drawn up and agreed upon. The base document consolidated the 72 areas of interventions into six priority reform areas which are mentioned above. The six reform areas formed the basis of a Memorandum of Understanding (MOU) between the Government of the Republic of Zambia (GRZ), the private sector, represented by the Zambia Business Forum (ZBF) and a group of Cooperating Partners. The MOU which was signed in December 2005 spelt out the different roles and responsibilities of the three partners and acted as the guiding document for the implementation of PSDRP. A Joint Financing Arrangement between GRZ, and the Donors who had pledged to contribute to the PSDRP funding basket was signed in April 2006 and disbursement of funds began in June 2006. The first prioritisation of the reform areas was done in 2005 and it was later decided that these would continue to be priorities in 2006. Working Groups were formed in these priorities. The Working Groups were tasked to prepare six month action plans with performance targets and a budget. In 2007 the reform priorities were reviewed with a view of quickening the reform process. As a result of the review, a number of changes were made to the programme document including the reduction in the number of priority areas to three. 5 2.0 Design of Private Sector Development Reform Programme (PSDRP) 2.1 Programme Design In designing the PSDRP, the following were the guiding principles: Consultation and broad ownership in the development of plans Mainstreaming implementation through ministries Monitoring progress of implementation at a high level Resource mobilisation for implementation based on project/programmes requiring donor support. a menu of 3.0 Implementation structures In the three years of the programme the implementation structure evolved as the need to support the faster implementation of reforms became stronger. Figure 1 shows the implementation structure as at 2006 and figure 2 shows the implementation structure as at the end of 2008. Figure 1: Implementation Structure for the PSD Reform Programme Zambia Business Council (ZBC) Chair: H E the President PSD Steering Committee Chair: Economic Advisor to the President and Deputy Secretary to Cabinet Zambia International Business Advisory Council Zambia Business Forum (ZBF) Programme Coordinating Unit (PCU) Permanent Secretary MCTI Permanent Secretaries Line ministry Implementation Committee Permanent Secretaries Line ministry Public/Private Working Group Public/Private Working Group Desk Officers Implementation of PSD Actions 6 Figure 2: Implementation Structure for the PSD Reform Programme Zambia Business Council (ZBC) Chair: H E the President Zambia International Business Advisory Council Cabinet Minister - MCTI Line Ministries PSs `````` Line ministry PS MCTI PSD SC Chair: DSC & Co-Chair with ZBF Liaison Task Force DSC, ST, SAP Programme Management Unit (PMU) Public/Private Working Group 3.1 Zambia Business Council (ZBC) – The ZBC was the highest Public Private Dialogue body set up to monitor the Private Sector Development Reform Programme (PSDRP). It was chaired by the Republican President and comprised the economic ministers and private sector representatives. During the period under review only three meetings were held. It lost impetus over time and became inactive for over a year partly due to the illness and subsequent demise of the Third Republican President and the election of the Fourth President. The Third Republican President played a significant role in the reforms and he was the pioneer of the PSDRP. 3.2 Zambia International Business Advisory Council (ZIBAC) – At the request of the Third Republican President and with the support from the United Kingdom Department for International Development (DFID) and other Donors the Commonwealth Business Council has provided assistance for the establishment and meetings of the Zambia International Business Advisory Council (ZIBAC) since it was established. The Council was set up to provide international business perspectives on policies and practical measures to help strengthen the investment climate and business environment in Zambia. 7 The Council comprises a team of high level business leaders from a range of countries and business sectors led by Lord Simon Cairns. The Council has contributed advice and expertise over the period 2003 – 2009. The ZIBAC was created to provide advice to the President and Cabinet Ministers. The process included formal meetings in Zambia with the President and Cabinet Ministers and the business community as well as periodic interaction with representatives of the business community. Prior to 2006, four ZIBAC meetings were held while two were held in the period under review. 3.3 Steering Committee: The PSD Steering Committee (PSD-SC) was set up as the main apex body to drive reform implementation and provide strategic direction for the programme. The Implementation Committee, a sub committee of the Steering Committee comprised of 2 Government representatives, 2 private sector representatives, 2 donors and the PSDRP Secretariat. It was established to review and approve proposals before ratification of the decisions by the Steering Committee. The Steering Committee composition changed in 2007 with a reduction in members from 14 to 6 and the removal of the Implementation Committee. Up to the end of 2007 the committee comprised two Co Chairs, the DSC and the EAP, five Permanent Secretaries, five ZBF members and two Cooperating Partners. As at the end of the period under review the Steering Committee was chaired by the Deputy Secretary to Cabinet and the Chairperson of the Zambia Business Forum and membership included 2 PSs and 3 ZBF members. The Steering Committee had twenty two meetings in the review period of which more than half took place in 2008. The Committee also facilitated the approval of all the funding to the Working groups and sector programmes and the work plans and budgets for the Programme Management Unit from 2008 onwards. 3.4 Working Groups - A number of working groups/committees/sector programmes and initiatives were formed or supported to spearhead the implementation of the reforms. In September 2005 a number of Working Groups were appointed through a directive by the Office of the Deputy Secretary to Cabinet. The working groups were composed of both government and private sector representatives and are chaired by a private sector representative nominated by ZBF. PSD Desk officers in all 13 participating line Ministries were appointed to serve as focal points for PSD activities in the particular Ministries and as secretariat to the Working Groups. Line Ministries, as well as other organisations involved in PSD, submitted work plans and proposals to the PCU for new or on-going initiatives, as well as submitting reports on progress. The working groups were composed of both government and private sector representatives and are chaired by a private sector representative nominated by ZBF. Their primary role was to identify reforms, undertake studies or pilot programmes under the priority reform areas that would result in proposals to be adopted or implemented by line Ministries or the Cabinet. The working groups were formed along 8 sectoral issues (e.g. infrastructure), functional issues (e.g. trade), and thematic issues (e.g. SME development) but based on the priority areas. Table 1 shows the working groups/committees/sector programmes and initiatives that implemented various tasks under the PSDRP: Table 1: Working Groups/committees/ sector programmes/initiatives Working Groups Administrative barriers Labour Law Reform ICT Immigration Trade Expansion Lands Tourism PPP Livestock Energy MSME Committees Business Licensing Reform Committee Sectors Programmes Financial Sector Development Programme Initiatives Citizens Economic Empowerment Commission Small Claims Court Municipal Housing Bond Trust Private Sector Capital Flows Project The Action Plan’s high number of actions was grouped, prioritised and sequenced to focus on reforms that address the private sector constraints and have an immediate impact. Thus, the PSDRP focused on administrative reforms in the areas of tax, customs, immigration and business licensing. 3.5 Programme Management Unit (PMU) – At inception of the PSDRP the Unit was called the Programme Coordinating Unit. The idea to establish the Programme Coordinating Unit (PCU) was proposed after realising the gap that existed in the implementation mechanism proposed in Livingstone. The Government, private sector and the Cooperating Partners all agreed to the idea of setting up a Project Coordinating Unit (PCU) to coordinate and monitor performance of the PSD Action Plan. The name of the Unit was later changed in 2007 to Programme Management Unit. The change in name was a reflection of the desire to quicken the implementation process. The Unit continued to be housed in the Ministry of Commerce Trade and Industry. It reported to the Permanent Secretary MCTI on administrative issues and to the PSD Steering Committee on Strategic and implementation issues. The main functions of the Unit were: (a) (b) (c) Receive and screen submitted proposals before forwarding them to the Steering Committee; Provide secretarial services to the Steering Committee and the DBC; Prepare and distribute documentation well in advance for effective holding of the DBC Steering Committee and other PSD related meetings; 9 (d) (e) (f) (g) Manage the support fund and process grants for approved proposals; Monitor performance of the PSD activities in line Ministries; Monitor and evaluate the overall success of the implementation of the PSD Action Plan; and Prepare necessary reports on the implementation process. In the period under review the Unit executed its role of coordinating and monitoring the implementation of the private sector reform programme. The Unit was responsible for coordinating the ZIBAC meetings, ZBC meetings, PSD Steering Committee Meetings, the PSD quarterly review meeting, the Doing Business Advisory Worksop, the Workshop for Permanent Secretaries, the Semi Annual Review Meetings, meetings between the private sector and the Minister of Commerce Trade and Industry. To enhance coordination and harmonise the PSD projects the Unit coordinated the liaison task force committee meetings. The Liaison task force committee, comprising the Deputy Secretary to Cabinet (Finance and Economic Development), Secretary to the Treasury and Special Assistant to the President (Economics and Development), which had been formed in 2007 met twice in 2008. The staffing levels of the Unit increased to a total of 9 with the recruitment of a Programme Officer and an Accounts Assistant in 2008. The increase in the staff levels contributed to the efficiency of the programme and timely delivery of the programme outputs. During the period the Unit was headed by a Programme Coordinator and the portfolios for the Programme Officers remained relatively stable with a few changes in 2008. All the PSDRP activities were funded to the Working Groups/ Committees/sector programmes/initiatives through the PMU who were then responsible for disbursement of funds for implementation to the Line ministries or implementing institutions. Over the period 2006 to 2009 all of CPs fulfilled their financial obligations per commitments made and agreed in the Joint Financing Arrangement in 2006. At the end of the reporting period Government through the private Sector Reform Programme expended the programme funds in full. External Audits of the accounts of the financial years 2006, 2007, 2008 and January to March 2009 were undertaken by the Office of the Auditor General. 3.6 Line Ministries - The various line Ministries, through the Permanent Secretaries were responsible for implementing the reforms. The PSD desk officers in the various Ministries acted as focal points for all PSD activities in their ministries. Line Ministries were thus responsible for accounting for funds received and for outputs and progress reports of the action plans that had been developed by the various working groups. 4.0 Overview of Reforms Implemented and Achievements The Zambian Government has approved policies, amended laws and enacted new laws and created new institutions as a means of contributing to an improved business 10 environment and an enhanced investment climate. These actions were carried out in conjunction with other projects like the Triangle of Hope and the Millennium Challenge Account (MCA) Zambia Threshold Project. In summary four policies were approved, namely ICT Policy, National Energy Policy, PPP Policy and MSME Policy. Five new laws were enacted, ZNTB Act, Tourism and Hospitality Act, ZDA Act and CEEC Act and amendments made to Labour and Industrial Relations Act and Small Claims Act. The detailed work that was undertaken under each of the reform areas are provided below. 4.1 Business Licensing Reform The Zambian Government embarked on a comprehensive reform of the business licensing regime premised on the recognition that many of the existing licensing requirements and practices present a significant burden to enterprise growth, wealth and job creation. This reform aims to substantially reduce the number of unnecessary licensing requirements and make the licensing regime simpler, transparent and focused on legitimate regulatory purposes. A Business licensing Reform Committee was constituted in May 2008 with the mandate to make recommendations to government on which licenses should be retained, eliminated, or streamlined or reclassified. In addition to the basket funds Technical Assistance from ICAS/World Bank was also provided. The first phase of this reform was completed in February 2009 with an inventory of 517 licenses and a report with recommendations from the Business Licensing Reform Committee on which licenses should be eliminated, retained, reclassified and amalgamated. Recommendations were also made on the streamlining of processes and procedures. At the end of the period under review the report was awaiting approval by Cabinet. 4.2 Micro Small Medium Enterprise (MSME) Development The MSME Development was established as a reform area at the end of 2007. This was after recognition that support for the MSMEs required an increased effort. In 2008 the PSD MSME Working Group was set up, as the coordinating body of all MSME programmes. The MSME Development reform area included the coordination of the Business Development Services (BDS) Voucher Scheme which included the MSME WG being the Steering Committee of the BDS Voucher Scheme. The Scheme was set up to increase access of MSMEs to business development services through the Scheme at a subsidised cost. At the end of 2008 twenty two vouchers had been disbursed in the four pilot districts of Petauke, Mumbwa, Livingstone and Kasama. It is also worth mentioning that the ILO counterpart project to the BDS Programme was approved towards the end of 2008. This is the Broad Based Wealth and Job Creation Programme which was launched in May 2009. A MSME Survey conducted by FinMark Trust was expanded to encompass the World Bank’s Investment Climate Assessment – Rural survey. The combined survey allowed the coverage to reach all the nine provinces as well as rural and urban enterprises and was renamed ‘The Zambia Business Survey”. As at the end of the period the 11 preliminary findings had been disseminated to a few stakeholders while the full findings are expected to be disseminated in July 2009. A Feasibility study on the development of Incubators for MSMEs supported by the Finnish Government was undertaken and a consultancy report with recommendations to the Finish Government was made available in January 2009. It was agreed that the implementation of the recommendations would be incorporated into PSDRP II. As a response to the poor access to finance and high cost of finance for MSMEs a Credit Guarantee Scheme (CGS) for MSMEs was established. The CGS was set up after a consultancy was undertaken on the need for a CGS and the type of scheme that would be required. The Development Bank of Zambia was selected to operate the scheme through the management of the CGS fund against which participating financial institutions would grant loans to MSMEs. The PSD PMU, working with a number of government institutions and the private sector developed a tailor made training programme for the informal and micro enterprise sector. This was aimed at imparting the enterprises in these sectors with the necessary skills required in running a successful business. Two pilot districts i.e. Mazabuka and Solwezi were selected and a total of 165 enterprises attended the training workshops. The training programme also included business clinics and referrals. Due to the publicity and appreciation of the training, the PMU was tasked to facilitate another tailor made training for the SMEs that had accompanied the Hon. Minister of Commerce, Trade and Industry to China. The training on ‘Export Readiness’ took place in Lusaka. Most participants noted that one of the most important outcomes of the training workshops was the opportunity afforded to them to register their businesses with PACRO, ZDA and ZRA who were some of the key speakers and presenters at the workshops. The programme was taken up by ZDA who prepared a roll out plan into seven districts in 2009. In subsequent years the programme is expected to be further rolled out to the remaining districts. 4.3 Labour Law reform The labour law reform Working Group targeted their work towards reviewing selected labour laws and policies and increasing public awareness of labour laws. The working group was tasked with specific deliverables with regard to the wider labour law reforms. The following terms of reference guided the group’s work: I. Review of relevant labour laws that have direct link to business development: Employment Act CAP 268;Industrial and Labour relations Act; Factories Act Cap 441 II. Awareness programmes on Labour Laws: Create awareness of the existing labour laws in Zambia and carry out research on various topical issues on the labour market. 12 The Industrial and Labour Relations Amendment Bill of 2008 was assented into law in September 2008. The process of amending the Employment Act was not completed as it was sent back to the Ministry of Labour and Social Services for further review. A number of tripartite consultative workshops were held to discuss the amendments to the Factories Act. A draft bill has been developed and yet to be approved by Cabinet before it is sent to Parliament. The latest Statutory Instruments Numbers 56 and 57 on minimum wages were issued in 2006. These statutory instruments also cover basic conditions of employment for vulnerable workers such as issues of dismissal, redundancy and retirement. Tripartite Consultations to revise these statutory instruments were finalised but the new instruments were not issued as at the end of the reporting period. The Draft National Social Security bill was put on hold until the formulation of the Labour and Social Security Policy. The Labour and Social Security Policy have since been submitted to Cabinet for approval. The Occupational Safety and Health Services Policy were introduced but the approval of the policy has not yet been granted by Cabinet. The NAPSA and Compensation Acts were amended and the proposals endorsed by the tripartite consultative labour council in line with the provisions of the labour and industrial relations Act. The regulations for the Private Employment Agencies were formulated and awaiting further consultations before submission to Cabinet for approval. A Study on private employment Agencies was conducted and the findings and recommendation are under discussion with the Labour Council. The ministry undertook a study tour to learn about best practices in Labour Law Administration in Mauritius. In terms of research, a study on the operations of the Private Employment Agencies was undertaken in collaboration with the International Labour Organisation (ILO). The purpose of the study among other things was to determine how the Private Employment Agencies (PEAs) operate in a modern economic dispensation as well as how these agencies can be properly regulated so that they provide smooth recruitment services for the private sector. The findings of the report reviewed that there was an urgent need to review the regulations so as to make them responsive to the new challenges on the market. The research findings and recommendations will be used to develop a draft regulation for PEAs that will be later subjected to the tripartite consultations. The working group carried out a number of awareness activities both in the electronic and print media. A series of programmes on television were aired that covered critical issues in the labour sector. Similar programmes were done on the radio and in newspapers. The working group has completed the production of awareness pamphlets. 13 The Ministry of Labour and Social Security in conjunction with Central Statistical Office (CSO) undertook a Labour Force Survey. The Labour Force Survey report will bring out important Labour Sector indicators needed for government and private sector to make decisions or develop intervention in the sector. The survey was completed and the findings are expected to be disseminated in July 2009. 4.4 Infrastructure Reforms The purpose of the reform area was to enhance infrastructural platform for PSD by encouraging private investment in infrastructure. To this end the Working Group formulated a draft policy document in respect to establishing Private Public partnerships (PPPs) in Zambia. A nationwide consultative process was undertaken through workshops at provincial and national level with the relevant stakeholders. Substantial comments and contributions were received from participants at these workshops and included in the final draft document. The PPP Policy was approved by Cabinet and launched on 27th November, 2008. The working group in conjunction with SADC Banking Association, who were engaged as a technical partner in the PPP process for Zambia, facilitated a training workshop for stakeholders from both the public and private sectors as part of capacity building initiatives in respect of the implementation of PPPs in Zambia. The Working Group in conjunction with the help of the SADC Banking Association through the Support of the Canadian International Development Agency (CIDA) engaged CIRSIL, India’s leading research, risk and policy advisory firm to undertake review of the existing legal and institutional framework affecting PPPs in Zambia. Out of these options, CIRSIL noted that the most practical option would be establishing a PPP unit as a statutory body housed at the Ministry of Finance and National Planning. This proposal was approved by Cabinet and endorsed at the launch of the PPP Policy. The Draft PPP Bill is at the Ministry of Justice awaiting presentation at the second sitting of Parliament in August 2009. 4.4.1 Municipal Housing Bonds The National Housing Bonds Trust application to set up Municipal Housing Bonds was approved in 2007. Through this mechanism finances were expected to be raised through municipal bonds for housing projects as a form of Public Private Partnership in infrastructure development. Five pilot districts namely Livingstone, Kitwe, Solwezi, Chipata and Lusaka were selected to participate in the pilot phase. The approved funding was to be used for the sub division of five sites, the geo technical survey, and engagement of a financial Advisor and of sponsoring brokers. In 2008 the National Housing Bond Trust confirmed their plans to construct 588 houses in a period of 21 months in Kitwe; 200 houses in a period of 12 months in Livingstone and 400 houses in a period of 18 months in Solwezi and developed a bankable business plan which was submitted to potential investors for funding. 14 However as at the end of the reporting period the Municipal Housing Bonds were not issued and the project was not implemented as originally designed and envisioned. The main reason for the failure was due to the financial crisis which prevented the Trust from accessing funds from the international financiers, poor management and lack of supervision by the Ministry of Local Government and Housing and the National Housing Bonds Board of Trustees. 4.5 Telecommunications reforms One of the main reforms planned by the ICT working group in 2007 was the recommendation to Government to liberalise the international gateway IGW). This did not materialise following Government announcement in April 2007 against liberalisation of the IGW. From that time the issue was not dealt with until it was introduced at the ZIBAC VI meeting, during which Government made a commitment to reduce the gateway fees by December 2009. A new Communications Department as approved in the ICT Policy which was launched in 2007 was established and became operational in 2008. However the three Bills i.e. the ICT, Postal and Electronic Communications and Transactions Bills although drafted by the Ministry of Justice in 2007, will only be ready for submission to Parliament in August 2009. 4.6 Energy Reforms The National Energy Policy was approved in 2008. The final reports of the three consultancies which were commissioned at the end of 2007 were submitted to the Ministry of Energy and Water Development (MEWD) and approved by the energy working group, the energy sector advisory group (SAG) and MEWD at the end of 2008. The Consultancies were on; Reduction in the cost of petroleum products; Package of incentives and legislation for increased private sector involvement in the production of bio-fuels and Legislation of a package of incentives, guidelines and effective institutional framework for the investment in hydro-power projects. The working group conducted a study of the Brazil Bio-fuels industry as part of the process of coming up with a Bio-fuels strategy. A Statutory instrument was issued to incorporate bio-fuels in the Energy Act and a Joint Cabinet Memorandum was circulated to incorporate bio-fuels as a priority sector under the Zambia Development Agency Act. As a follow up to the approved recommendations of the consultancy reports, the MEWD has started discussions with the MoFNP to explore ways of implementing the recommendations from the study on reducing the cost of petroleum products. 4.7 Land Reforms In 2006, the Ministry of Lands initiated reforms aimed at reducing the total time required to register or transfer property from 52 days to 16 days. In 2007, a series of initiatives were instituted to streamline and make transparent the registration of lease, 15 transfer and issuance of a new certificate of title at the lands and Deeds Registry. The Ministry of Lands computerised its lands registry and set up a customer centre to eliminate the backlog of registration requests. Access to land for investment purposes is being addressed through the Land Bank Programme under which land suitable for various investment projects has been identified and reserved. A stakeholder meeting to finalise the guidelines for the land banks was conducted and final draft guidelines prepared. The guidelines for land banks were approved by the Ministry of Lands who later held a further review of the guidelines which are yet to be discussed with stakeholders before they can be printed and distributed The land audit on the Copperbelt, Central, Lusaka and Southern provinces and soil sampling and analysis exercise in Senanga district of Western Province were completed. The cadastral surveying and beaconing exercise for Lusaka, Central and Southern Provinces was also completed as at the end of the reporting period. 4.8 Immigration Reform The Working Group work plan was shared with the Zambia Threshold Project so that activities could be co-financed by the Basket and the ZTP. In order to reduce the processing time for visa and permits the Immigration Department re-engineered the Visa/ Permit processing and procedures, developed an IT- based information systems, the Department’s Website and established a new Customer Service Centre all aimed at improving service delivery. In particular ZTP supported the website development, reviewed the procedures used in assessing and processing of Visa and Permit applications and established a Customer Service Centre at Department Headquarters. The website was commissioned in 2007 while the customer service centre was launched in 2008. As a result the processing time reduced by fifty percent and application forms, rules and regulations are available on line. Visas are now issued within seven days, while permits are issued within fourteen days. A new computerized system called Zambia Immigration Management System (ZIMS), based on the re-engineered processes, was developed and tested. The reengineered processes and procedures were tested and first applied at the new Customer Service Centre and rolled out to Chirundu, Livingstone and Victoria Falls border points. The Working Group visited Uganda Malaysia and Ghana and in-country visits to Ndola, Kasumbalesa, Livingstone, Kazangula and Katimamulilo border towns. Out of the tours the following recommendations were made and adopted: Establishment of a training school Establishment of a fraud unit Computerisation of application process and maintenance of client databases Appreciation of the need for more transparent customer service centers New and modern Immigration Department 16 The fraud unit was established and staff to man the Unit recruited but due to financial constraints the required equipment was not purchased. The process of establishing the training school could not be completed as suitable space for the same was not found. The application process was partly computerized and the Immigration headquarters underwent significant renovations to make it modern. A review of the Immigration and Deportation Act was conducted and stakeholders provided their input into the draft Bill in 2008. The proposed draft bill was however not taken further and as at the end of the review period it was still with the Ministry of Home Affairs. 4.9 Livestock Development Reforms The Livestock Disease Control Working Group (LDCWG) started its consultative activities at the end of 2007. The Working Group activities comprised the following activities, Review of the VET delivery system, review of the current livestock industry and review of the livestock sector coordination. The above reviews have resulted in the following recommendations: Restructure the Department of Veterinary, Establish an animal disease control emergency fund, Revisit and formulate livestock development policies, Establishment of a National Livestock Sector Coordinating committee or Livestock Council, Review Livestock development plan 2009-2014 and Draft legislation bills for the reviewed and proposed Act An important outcome of the recommendations is that the 2009 national budget had a significant budget allocation for the Livestock Sector as well as the appointment of a Minister in charge of Livestock and Fisheries. 4.10 Trade Expansion Two value chain analysis (VCAs) were done on Cotton through Apparel and Livestock respectively but it was not completed as the Working Group did not identify consultants to review the two draft VCA reports. The Working Group held consultations on the National Export Strategy (NES) as a way of raising awareness. The NES was finalised but no consultations were held at provincial level. As at the end of the reporting period the Strategy was still in draft form. The Working Group noted that trade and production infrastructure is key to the facilitation and expansion of trade especially at entry and exit points. In view of this, there was need to carry out an inventory of trade and infrastructure needs at border points with key export partners. It was agreed that the working group would first focus on formalization of trade with Angola. However the proposed mission to Angola which had been scheduled for November 2007 did not take place. 17 A number of Bilateral Trade Agreements with key trading partners were not concluded. Notable among these were the ones for Congo DR (one of the major markets for Zambian products) and Angola (useful market especially for North Western Province). The MOU between North Western Province and Moxico Province in Angola was cleared by Foreign Affairs and Ministry of Justice but the signing did not take place. The Ministry of Commerce, Trade and Industry through the Integrated Framework (IF) Program submitted a project proposal for capacity building for the IF focal point to ensure effective management of the IF Program, which will subsequently lead to capacity building to address the supply-side constraints to production and exports. As at the end of December 2008 the position of the National Trade Expert and Advisor were filled. The Working Group concentrated on planning the integration of the trade expansion activities into the Integrated Framework (IF) structure and developed a work plan but no PSD activities were implemented. At the end of the reporting period it was agreed that the IF would be integrated into the PSDRP II. 4.11 Small Claims Court The purpose of supporting the Small Claims Court project was to reduce the period of time taken to deal with cases at the Small Claims Court. The project implementation was transferred from the Ministry of Commerce Trade and Industry to the Judiciary at the end of 2007. The pilot phase included two locations in Lusaka and Ndola secured and 28 Officers were trained. Furniture, office equipment and two vehicles were purchased. The training of the Adjucators was held in Lusaka and in South Africa. Training in South Africa included a visit to a Small Claims Court which provided Commissioners and Clerks and opportunity to witness first hand the proceedings of a small claims court in session. Publicity and awareness of the Project was done in 2008 and Parliament approved the amendments to the Small Claims Bill. The amendments made the operations of the court relevant to the current time in terms of the threshold levels. 4.12 Tourism Development Parliament has approved the Tourism and Hospitality and ZNTB Bills and the President assented to the bills which became law in 2008. The Ministry undertook study tours to South Africa and Kenya. The team found that two different systems, one deregulated (semi-autonomous Grading Council) and the other regulated (Government department) exist in the two countries. The WG recommended that these findings be discussed with all stakeholders before making final recommendations. A total of 300 establishments out of the targeted 1000 Tourism Enterprises were registered as of December 2007. The purpose of the registration was to encourage compliance. The Ministry also reproduced and circulated 4000 copies of the Tourism Policy to its regional offices. All private sector tourism associations were catalogued 18 under the Tourism Council of Zambia and 3000 brochures on facts on private sector driven tourism were produced and disseminated in 2007. The home page of the Zambia National Tourism Board was improved. Web visitors can now view and download the ZTB brochure. With this download in place, it is as good as walking into an information centre and being able to pick up a brochure. The review of the Environmental Impact Assessment (EIA) regulations was done and the following included in the amended regulation Review process for EIA brief: Reduced from 40 days to 25 days Review process for Environment impact assessment: reduced from 65 to 30 days Review of EIA fees, fee will be based on the magnitude of the impact of the project on the environment Introduction of a permit fee paid upfront and License fee paid periodically However the Minister of Tourism and Natural Resources did not effect the changes by signing the Statutory Instrument as the recommendations to the regulation would be incorporated in the revised Environmental pollution and Protection Act. As at the end of the period the review process had not been completed. There were no outstanding activities for the Tourism Working Group as at the end of 2007 and thus the Working Group was phased out at the end of 2007. The Ministry through the Department of Tourism applied to the Steering committee to undertake a consultancy to develop a regulated classification and grading system for the hospitality sector. The Consultancy was completed and the final report on the proposed system submitted to the Ministry for consideration and implementation at the end of 2008. 4.13 Citizens Economic Empowerment The Citizens Economic Empowerment Act was enacted in 2006. Following this in 2007 a Countrywide awareness campaign including, radio and TV programmes were undertaken to increase awareness. As a result of the campaign the following were realised: An educated public aware of the CEE programme Increased understanding of the key components of economic empowerment as a means of promoting inclusiveness during the implementation of CEE programmes, Creation of a platform for developing a working partnership with all the stakeholders Feedback from the public about the CEE Act. Numerous requests for follow up workshops were received from various sectors including the Bankers Association of Zambia, the Zambia National Farmers Union, and the Rotarians Lusaka Chapter to develop sector charters and a sensitization of Business associations was undertaken. 19 A national workshop on best practices in empowerment was held in 2007 in collaboration with Development Bank of South Africa. The workshop provided a valuable input into the activities of the Commission. The Working Group was phased out at the end of 2007 after completing its targeted activities. The Citizens Economic Empowerment Commission (CEEC) was operationalised in early 2007 following the swearing in of the Commissioners with an interim secretariat set up in mid 2007. The permanent secretariat was subsequently recruited in 2008 after which the guidelines for accessing the CEE Fund were developed and the CEEC fund became operational in September 2008. The Citizens Economic Empowerment Commission received support in the development of sector charter guidelines. The capacity building exercise for the various sectors was held with support from Department of Trade and industry, South Africa. Only the Agricultural sector developed its sector codes as at the end of the year. 4.14 Administrative Barriers Working Group The Working Group was established in 2005 and phased out at the end of 2007. At the beginning of its work the Working Group set out the targets listed below. The Working Group collaborated with the ZTP to achieve the targets. 1) Reduce the time taken to register a company with Patents and Company Registration Office (PACRO) from one – two weeks to not more than 3 days 2) At least 30% reduction in the number of licenses required to start-up and operate a business in Zambia. 3) Reduce the border clearance time to within 24 hrs 4) Reduce the period of VAT refunds from over three (3) months to one month 5) Reduce the period of cases at the Small Claims Court 6) Learn from experience of other countries on best practises in removing administrative barriers As at the end of 2007 the following had been achieved: Target 1 was achieved and the registration of a company at PACRO now takes 3 days while registration of a business name is done in less than one day. The PACRO office in Ndola was also launched in this period and in 2008 an office in Livingstone had been opened as well. These achievements were as a result of ZTP working within the PSD framework and with the Administrative barriers Working Group and PACRO. PACRO automated the business registration process and opened a Customer Service Centre to serve as a one stop-shop for business customers. An interactive website was established which allows customers to download application forms and complete them before visiting the office. Target 2 was not achieved as originally envisioned; instead the work on licensing was taken up by the Business Licensing Reform Committee in 2008. Although the Working Group had identified the barriers, targets 3 and 4 were implemented by Zambia Revenue Authority (ZRA). This reform to reduce the 20 clearance time was done under a pilot project called “Customs accredited clients programme” which set out to reduce the congestion at border posts. In the first phase of the pilot four companies with huge volumes of cargo participated and the number of companies was increased to 15 in 2008. As a result ZRA now inspects an average of three trucks out of 110 that pass through Chirundu and 15 Border posts are computerised. ZRA has also reduced the time it takes for VAT refund from over three months to 21 days and developed and launched a service charter. Target 5 was achieved by the Small Claims Court after the project implementation was transferred to the Judiciary. Target 6 was not achieved as the study tour was not undertaken. 4.15 Zambia Development Agency (ZDA): During the period under review, Government established the Zambia Development Agency (ZDA) through the ZDA Act No. 11 of 2006 to act as a one stop facility for local and foreign investors. The Agency was mandated to promote and facilitate exports, establishment of Multi-Facility Economic Zones (MFEZs), investment and the development of Small and Medium Enterprises (SMEs). In 2007 some proposals to amend the ZDA Act were tabled for consideration. The process of completing the amendment will be undertaken in 2009. A summary of the above reforms undertaken are provided in Annex 1. 5.0 Policy Study Fund A policy Study fund was provided for under PSDRP as a tool that could be used for various studies that could inform the reform process. In addition to studies conducted by ZBF other institutions such as ZDA, Bank of Zambia and Tourism Council also utilised the fund. The Private Capital Flows Project survey which was applied for by ZDA was approved at the end of 2007. The Survey which was launched in 2008 was a joint effort by the Bank of Zambia (BOZ), Central Statistics Office and ZDA. During the period under review the Private Capital Flows survey was completed and the findings disseminated in 2009. The main findings of the survey revealed that there have been improvements in the business environment since 2002. The Tourism Council of Zambia presented a proposal to assess the possible impact of the visa fees on the Tourism sector which was approved by the Steering Committee. The output of the assessment was presented to Government for consideration. The Bank of Zambia was supported to undertake a FINSCOPE II survey. The survey is expected to provide information about the extent of access to financial services and institutions. The findings will be disseminated in July 2009. Zambia Business Forum was funded twice to undertake a study in preparation of private sector issues for Government to consider in the 2008 and 2009 national budgets. 21 The Ministry of Commerce, Trade and Industry undertook to review Part XIII of the Companies ACT “Liquidations and Receiverships” in 2007. The goal of the review was to ensure that effective measures are put in place for proper management of companies under liquidation and receivership. The goal was not achieved due to duplication of work that was identified. The Ministry then established a Committee to spearhead the review of Part XIII of the Companies Act. Bank of Zambia was undertaking a review of the whole Act though Part XII was not in their interest. Consultative meetings were held with the Bank of Zambia, the World Bank, PACRO, ZCC and MCTI were it was agreed that the Ministry would go ahead and finalise the review of the legislation on liquidation and receivership in 2008. At the end of 2008 the reconciliation and consolidation of the work done so far was completed. The proposed amendments to the Companies Act are expected to be considered in 2009. 6.0 Information and Communication The PSDRP communication strategy was completed in 2007 with emphasis on reaching audiences most important to move the reform process forward and get continued support of government ministries and other stakeholders for the reform agenda. The audiences were targeted through meetings, conferences, and a media campaign which included television, radio, and newspapers. Doing Business Advisory workshop February 2008: A total of 79 workshop participants from the Doing Business team- USA, representatives from the Government, Private Sector and Cooperating Partners participated in the workshop. The Key discussion point of the workshop was the Doing Business reports in general and the Doing Business report 2008 with emphasis on Zambia in particular. The issues raised by the participants related to the sources of information used by the DB team and the lack of validation with the government and the non recognition by the DB team of reforms that have taken place and those that were being implemented. Workshop for Permanent Secretaries (PSs) February 2008:The workshop for the PSs which included the PS from Cabinet office was held for the purpose of reorienting the PSs with the PSD Reform programme and the roles of the Ministries in the implementation of the programme. A total of 30 Officers participated in the workshop which included the PSD desk officers. Public Private Dialogue (PPD) Regional Workshop 2008: In recognition of the importance that public private dialogue plays as a mechanism for achieving an improvement in the investment climate, a training workshop was organised in Senegal to include participants from 15 countries. Zambia participated and was represented by two Officers from the PMU. The workshop focused on building capacity and skills required to define the reform agenda using Doing Business Indicators and to deliver on reform agenda and also defining mechanisms for the integration of the gender perspective into the various programmes. 22 Although the workshop was targeted at facilitators working on IFC projects the PMU shared its experience and learned from the experiences of other countries. It was agreed that a Public Private Dialogue (PPD) expert would be requested to visit Zambia and work with the PMU on enhancing PPD as a mechanism to create change. A PPD Consultant recruited by the World Bank visited Zambia at the end of 2008 to review the Zambia PPD and make recommendations. The final report was submitted and some of the recommendations such as the development of a Zambia PSD strategy were adopted. The strategy will be developed in the third quarter of 2009. Public Private Dialogue (PPD) Global Workshop 2009: A Public-Private Dialogue (PPD) International workshop was held in Vienna, Austria from April 28 th to 30th 2009.The objective of the workshop was to develop knowledge and to better support the use of PPD as a means for promoting private sector development and reduction of poverty. When used effectively, the PPD mechanism can assist government’s, donors and the private sector with the diagnosis, prioritization, implementation and monitoring of national economic reforms that are required to bring about sustained economic growth. To that effect, the workshop comprised of various Co-operating partners namely DFID, the World Bank, IFC, OECD Development Centre and GTZ. Government and private sector institutions came from Albania, Armenia, Bangladesh, Cambodia, Cameroon, Ethiopia, Kyrgyz Republic, Laos, Liberia, Tajikistan, Timo – Leste, Turkey, Uganda, Vanuatu, Vietnam, Tanzania and Zambia. From Zambia, the two representatives who attended the workshop were from the Private Sector Development Reform Programme under the Ministry of Commerce, Trade and Industry. A number of lessons were shared and learnt during the workshop deliberations. Two key lessons learnt for Zambia were the need to hold regular high level meetings such as ZIBAC and ZBC in order to reinforce political will in the implementation of the reforms and the need to involve high level offices such as the office of the Vice President in the dialogue as an alternate to the President. Semi Annual Review meetings: In total four semi annual review meetings were held over the period under review. At the last meeting held in August 2008, a total of 100 Government, Private Sector and Cooperating partners participated in the meeting. The meeting was expected to focus on the progress during the period January – June 2008, the findings of the evaluation and the phase 2 of the programme. The meeting was curtailed due to the news of the death of the President but before the meeting ended it was agreed that a new Consultant should be recruited for the evaluation and the Government through the Minister pronounced Government commitment to the Reform programme. Meetings with the private sector: In the period under review a number of meetings were held with the private sector. The meetings were held to discuss various issues of concern by the private sector and presenting issues for the Zambia Business Council Meeting. The information sharing meeting on key reforms such as the business 23 licensing reform report, implementation of Multi Facility Economic Zones and Government support to MSMEs. Meetings with Cooperating Partners: Meetings between the PMU and the PSD Lead Donors were held on a monthly basis as a mechanism to discuss progress and issues concerning in programme implementation. At a more formal level meetings were also held between the Minister and the Cooperating Partners. Consultative meetings on harmonization: The Liaison task force comprising the Deputy Secretary to Cabinet, Special Assistant to the President, Economic Affairs, and the Secretary to the Treasury held two meetings with the Minister in this period. The purpose of the meetings was to harmonise programmes, projects and initiatives implementing private sector development activities namely, PSDRP, Financial Sector Development Programme, Millennium Challenge Account, Capacity Building for Private Sector Development Project and Triangle of Hope. It was recognised that all the afore mentioned projects were contributing to the PSDRP and that the target group for all the projects was the private sector. It was agreed that harmonisation was required at different levels. This need was raised in the evaluation of PSDRP and it is expected to be further developed in PSDRP II. Media Breakfast meetings: These meetings started in the second half of 2008 and featured almost all the working groups. A total of 13 meetings were held. The meetings were facilitated by the Lusaka Press Club (LPC). The idea was twofold, to build some capacity in a selected group of reporters on writing articles about PSD as well as increase the reach and coverage of the Programme. Dissemination meeting on Doing Business 2009 Report: In the third quarter of 2008 the Doing Business report 2009 was launched and the ranking for Zambia on the Ease of Doing Business moved up sixteen places from 116 to 100. The programme organised a dissemination meeting with the private sector and the Cooperating partners at which the progress and achievements made were acknowledged and the areas of focus for the next report highlighted. Meeting with Solwezi Chamber of Commerce: The PMU was invited to meet the Solwezi Chamber of Commerce to disseminate the PSDRP in 2008. The PMU used the meeting to assess the needs of the private sector at district level such as Solwezi. Meeting with the private sector in Kasama District: In 2008 the Programme Coordinator undertook a visit to Kasama with representatives of the Netherlands and Finland Embassies. The purpose of the visit was to meet with various district associations and business enterprises and learn about their issues and how to encourage PPD at district and provincial levels. Trade and Agriculture shows: In the period under review the PMU participated in both the Zambia International Trade Fair (ZITF) and the Lusaka Agricultural and Commercial shows. At the ZITF held in 2008 PSDRP organized a business luncheon which was hosted by the Minister of Commerce, Trade and Industry Hon. Felix Mutati. 24 Top on the agenda at this meeting was the presentation by the Zambia-China Economic and Trade Corporation zone (ZCCZ) on the development of the Chambishi Economic Zone. Press Advertisements and Press releases: Several advertisements including one in the November, 2008 Sawubona magazine, the South African Airways in-flight magazine, was released. The advertisement in Sawubona in particular was made in order to extend the reach of PSD awareness and sensitization as the magazine’s circulation is in the order of three million worldwide. It also complemented the magazine’s special feature on Zambian tourism. A press release was issued through the programme for the MSME survey and a lot of interest was received from the general public about the survey. In addition a press statement on the Business Licensing Reform Launch and the PPP policy launch were also issued to the public. Electronic Record System: The programme embarked on the development of an electronic-based records system as a way of keeping its valuable information in electronic form. PSD Supplement: Eleven editions were produced in 2007 and 2008. The popularity of the supplements increased significantly over time when a human face was given to the reform stories. PSD Magazine: The first edition of the Zambia Business Reforms Magazine was published n 2008. The magazine augmented the supplements. TV and Radio Programmes: Twenty six live shows were aired on Radio Phoenix and thirteen on ZNBC television in 2007 and 2008. The shows featured government officials, the private sector, working groups and members of the PSD Implementation Committee. A number of subjects on PSD reforms were covered which included the PSD reform process, administrative barriers to business, citizens economic empowerment, public private partnerships, telecoms reforms, land reforms, immigration, livestock and disease control, trade expansion, ZDA & SMEs development, and labour law reforms. Members of the business community and the public were allowed to phone-in to the live shows where they expressed their concerns about the reforms and the cost of doing business. As a way of increasing the reach of PSD awareness four community radio stations, namely, Oblate Liseli in Mongu, Breeze FM in Chipata, Solwezi FCC in Solwezi, and Sky FM in Monze were selected to broadcast pre recorded PSDRP radio programmes. Three documentaries were developed and aired in 2008, one on ZIBAC V and the other two on the MSME training programmes. The documentaries were aired on both Muvi TV and ZNBC. 25 In the last half of 2008 PSD embarked on the re-development of the programme website in order to make it user friendly, dynamic and interactive. The website development was completed in April 2009. At the end of the year the Investment Climate Advisory Services formerly FIAS provided Technical Assistance for the development of a reform communications plan which will be implemented in PSDRP II. ZBF hosted two Annual Review Conferences in the period under review to consolidate issues for discussion at the Zambia Business Council and ZIBAC and undertook a sensitisation campaign among its member associations in three districts. 7.0 Ghana Conference An African Regional Consultative Conference, under the theme Creating Better Business Environments for Enterprise Development; African and global lessons for more effective donor practices was held in Ghana in November 2007. The PSD programme sponsored a team of nine persons from the public and private sector. The Zambian delegation made three presentations on the following topics; Intuitional Architecture and Design of the PSD programme PPP, The Significant Other Fighting Corruption One Step At A Time The main recommendations from the conference were: PSDP to include a gender dimension in the reforms process There should be a follow up on the experience from Kenya in Business Licensing Reform The PSDRP should review its communication campaign to ensure more effective way of informing the public about the reform programme. Of these recommendations the first and last one will be followed through in PSDRP II, while the second one was implemented. 8.0 Regional Reformers Conference, Arusha A Regional Reformers Conference was held at the end of 2008 in Arusha. Six countries from East Africa and one form Southern Africa participated in the Conference. Representatives from Bangladesh attended as observers. The participants included representatives from Government, private sector and the World Bank. The Zambian team of 7 comprised three from the PMU, one from MLGH and three from ZBF. The purpose of the conference was to create a forum in which regulatory policy makers, experts and representatives of the private sector could meet to exchange views and experiences. The conference was aimed at increasing reformers’ understanding of critical success factors for regulatory governance and capacity building, while achieving greater political buy-in to reform, enable genuine lesson learning at the implementation level and develop a strong and sustainable network of reformers. Experiences were shared on the extent to which different countries had been successful in regulatory reform. 26 9.0 Study tour to Mauritius The Zambian Government through the Private Sector Development Reform Programme (PSDRP) undertook a study to Mauritius from 1st March 2009 to 4th March 2009. The delegation was composed of officers from the PSD Unit, Ministry of Commerce, Trade and Industry, Citizen’s Economic Empowerment Commission, Patents and Company Registration Office, and Ministry of Labour and Social Security. The study tour was aimed at learning best practices on business reforms in general and Doing Business Indicators in particular. The delegation focused on general reforms undertaken, institutional structures for reforms, core implementers of reforms, specific work done on doing business, key elements and strategies for doing business and programmes in support of MSME. The delegation visited and held discussions with officials in thirteen institutions including the Board of Investment, Registrar of Companies, Ministry of Finance, Mauritius Revenue Authority and the Bank of Mauritius. The key lesson learnt from the study was that for business reforms to succeed there must be strong political will and commitment. 10.0 PSDRP Evaluation The Private Sector Development Reform Programme (PSDRP) underwent an evaluation in the period December 2008 to February 2009. The purpose of the evaluation was to establish how much the PSDRP had contributed to the need for quicker and more effective change in the business environment. Four main objectives of the evaluation were developed: 1) take stock of the PSDRP, 2) identify issues, challenges, constraints for implementation, 3) assess potential changes in programme direction, and 4) suggest specific recommendations on strategies and ownership. A summary of the key findings and recommendations are attached as Annex 2 11.0 Challenges The following are the main challenges that the programme faced in implementing the programme: a) Working Groups were very slow in responding to calls to submit action plans and reports. They did not adhere to deadlines when providing updates and expenditure reports b) The approval process at cabinet and parliament did not move at the same pace as the work of the WGs c) PSD laws and policies appeared not to be a priority in the approval process. d) Working Groups deliverables were not easy to quantify because they were process oriented. e) There was resistance to change at institutional level mainly due to institutions failing to see long-term gains that lie beyond the momentary; short-term loses of revenue or influence which they would likely suffer because of the reforms. f) While the Government had a big picture of wanting reforms to encourage private investments as a means to creating jobs and reducing poverty, 27 institutions focused on the immediate benefits that would accrue to them. This lack of convergence of interests and aspirations greatly slowed down the reform implementation. g) The Government ministries did not all have the same zeal to implement the reforms. This was because, for some, the reforms were not viewed as part of their job description and therefore they saw their participation as extra work for which remuneration was demanded. 12.0 Lessons Learnt The PSD reform action plan was not fully mainstreamed into GRZ ministries at design stage. This resulted in the lack of full ownership of the programme at institutional level, which in turn also resulted in the slow pace at which the programme was implemented. Although there is evidence that the process of programme design was consultative, there seems, at the institutional level, to be a serious lack of ownership of responsibility of programme implementation; and this has resulted in the generally low levels of institution’s commitment. There could be only one plausible explanation for this: a strong sense of co-ownership of the programme design process and of the programme objectives was not fully shared among all the stakeholders at design stage. Political will is an important aspect in implementing reform. National leaders, especially those in Government, must have a clear vision in as far as economic reforms are concerned, and a very clear perception of the reforms agenda. They all must feel a strong sense of ownership of the reforms and must be willing to express their political will in driving the reform agenda forward. Once this is achieved, the problem which is being experienced currently, where there are so many voices giving different and often contradictory messages on the reforms will be greatly ameliorated. Zambia has been able to achieve more in terms of the macroeconomic stability in the past two or so years. This is because macroeconomic reforms are easier to implement than microeconomic reforms due to the fact that a few key actors are involved in their implementation, and also because Government can occasionally resort to using its discretionary powers when things are not moving as fast. With respect to microeconomic reforms, although members of the public would want to see microeconomic benefits immediately, especially given the high levels of poverty in the country, it is true to say that microeconomic benefits only follow after the macroeconomic base has been set. Moreover, benefits from micro-level reforms are not visible immediately. Having the Monitoring and Evaluation (M&E) framework put in place as afterthought – i.e., after the programme design was done and its implementation commenced, as opposed to making it an integral part of the design – is one of the flaws of the PSDRP design. As an M&E system is intended to define progress indicators, means of progress/results verification. It is also intended to define the Programme environment for each of the key reform actors – political leaders, public and private sectors including the PMU, the SC, WGs, ZBC, the M&E system 28 also facilitates feeding of information from the programme as it is implemented not the formal national reform policy formulation processes; The programme design did not incorporate a communication strategy for informing and disseminating programme achievements to all who have a stake and interest in private sector development. The consequent lack of information on the reform so far caused the general members of the public in Zambia not to appreciate fully the achievements gained and challenges faced in the course of implementation of the reforms. 13.0 Conclusion The PSDRP was an ambitious programme perceived by many as the panacea for enhancing the investment climate and addressing constraints faced by the private sector. The Government of the Republic of Zambia has demonstrated its commitment to the programme by developing structures to support its implementation. Furthermore, it has also recognised the need to seek external assistance in order that additional resources may be secured to implement the programme. In spite of the challenges faced and the slow implementation it is worth noting that the PSDRP has contributed to an improvement in the business environment and an enhanced investment climate. As the second phase of PSDRP begins, the lessons learnt have been taken into account in the design as well as the weaknesses that were pointed in the evaluation report. 29 ANNEX 1 PSDRP implementation matrix – May 2009 PSDRP WG Business Licensing Reform (BLR) Deliverables 1. Launch of BLR 2. Quick wins Report 3. Business license inventory 4. Report on Recommendations to GRZ 5. Set up an e- registry 6. Set up a regulatory unit Outputs Business License Reform Committee (BLRC) established. Business License reform launched in Livingstone. Consultative meetings held with Government and private sector on Business License Reform (BLR). Committee presents first draft to Permanent Secretaries and holding further consultations with some Ministries. Quick wins report with 30 licenses recommended for elimination identified. Committee of PS is formed to finalise the BLR Report. The committee of PSs presents its final report to Secretary to Cabinet (SC). Status The report has been submitted to Cabinet. Establishment of the E registry and the regulatory unit are awaiting approval of the report. MSME Development 1. Develop coordination framework for MSMEs 2. MSME Policy development 3. MSME Survey 4. Development of products for MSMEs for access to Finance 5. Design of a credit guarantee scheme MSME policy stakeholder meeting held. MSME survey launched Access o finance and markets programme for MSEs developed Draft SME policy finalised and submitted to cabinet. CGS developed and to be hosted by DBZ Amended Labour laws: The Industrial and Labour Relations Amendment Bill of 2008 assented into law in September 2008. Statutory instruments numbers 56 and 57 revised Draft factories bill has been developed Draft National Social Security bill developed Labour & social security policy drafted Radio and TV programme undertaken Small Claims Court established in Lusaka and Ndola. Training for Small claims Staff completed. Small claims Court Bill was Wider Labour Law Reform 1. Employment Act Cap 268 2. Factories Act Cap 441 3. Industrial and Labour Relations Act Cap 269 4. Awareness programmes on Labour Laws undertaken Regulation of private employment agencies. Small Claims Court 1. Implementation of Small Claims Court 2. Amendment of Small Claims Court Bill The MSME Policy was approved by Cabinet MOU for the establishment of CGS was signed MOU for the rollout of the access to finance and markets programme for MSEs was signed. The revised SI 56 and 57 are yet to be issued. Draft factories bill yet to be approved by cabinet Consultation process over the Labour & social security policy are underway. Process of amending the Employment Act will start afresh Labourforce survey undertaken, awaiting dissemination of findings Funds for the Small Claims Court have been provided for in the yellow book of 2009. The Commissioners for the 30 drafted and Cabinet submitted to Energy reform Reduction in the cost of petroleum products Package of incentives reviewed and legislated for private sector involvement in the production of Bio-fuels and other Alternative fuels Review and legislate package of incentives, guidelines and operational framework for investments in hydro-power projects Reports on the three consultancies completed and submitted The study tour undertaken to Brazil Revised energy policy approved by cabinet. Joint Cabinet memorandum to incorporate bio fuels as a priority sector under the Zambia Development Agency Act was done. Statutory instrument issued to incorporate bio fuels in the energy Act. Outputs Department of communications was established ICT Bill, Postal Bill and ECT Bill drafted ICT Policy approved PACRO systems computerised PACRO decentralized to Ndola and Livingstone ZRA systems computerised PSDRP WG Deliverables ICT reforms 1. Cabinet Conveyance on liberalisation of the IGW. 2. Information and Communication Technology (ICT) Act enacted. 3. Department of Communications established 1. Reduction in the time taken to register a company with PACRO from one- two weeks to not more than 3 days; Administrative Barriers Small Claims Court have been sworn in by the Chief Justice Offices opened in Lusaka and Ndola Studies completed and accepted by MEWD MEWD is holding discussions with MoFNP on the recommendations made in the studies. Status 2. At least 30% reductions in the number of licenses required to start-up and operate a business in Zambia; 3. Reduce the border clearance time to within 24 hrs 4. Reduce the period of VAT refunds from over three months to one month; The draft bills will be submitted to Parliament in July 2009 Gateway fees will be reduced by December 2009 PACRO computerized and decentralized to Ndola and Livingstone ZRA computerized 15 border posts Time at Chirundu reduced to 3 hours per truck Only three tucks inspected at Chirundu per day Study tour cancelled Licensing component incorporated in Business Licensing Reform 2. Learn from experience of other countries on best practices in removing administrative barriers and avoid pitfalls at design and/or implementation phases of the project. Public-Private partnerships (PPP) 1. National Policy on Public-Private Partnerships and Implementation Strategy 2. Adoption of legal framework for PPP PPP Policy approved by Cabinet PPP Bill drafted The establishment of a PPP unit to be housed at the MoFNP was approved by Cabinet The PPP unit being set up The PPP Bill to be submitted to Parliament in July 2009. Enhanced Integrated Framework (EIF) developed National implementation Unit established and staff recruited EIF will be incorporated into PSDRP II as the trade component 5. Long term strategies for PPPs established Trade Expansion 1. Develop action plan with the objective of expanding trade. 2. Develop proposal from VCAs for consideration by WTO Aid-ForTrade facility. 3. Raise awareness among private 31 sector issues NHBT about trade 1. Introduction of Housing Bonds related Municipal Standard Charted bank appointed financial arrangers. Bridging Finance mobilised Construction finance commitments received Most of the funds will be raised externally. NHBT has advertised houses for sale in Livingstone, Kitwe and Solwezi. Housing bonds have not been issued CEE Act enacted CEE Commission established with CEO and other officers recruited. Guidelines to access CEE funds developed Guidelines for CEEC fund developed CEEC funds disbursed 1. Public Communications campaign undertaken to educate the general public on the Citizens Economic Empowerment Strategy. PSDRP WG Deliverables Outputs Status Tourism Development 1. Tourism and Hospitality, and ZNTB Bills enacted. Citizens Economic Empowerment 2. One Tourism Licensing and Authorisation Best practices report produced. 3. Draft Subsidiary legislation on tourism licensing and authorisation developed. Tourism and Hospitality Bill Enacted Zambia National Tourist Board Bill enacted EIA fess revised The working group completed its work in 2007 In 2008 Department of Tourism Developed grading and standards systems 4. One stop shop for efficient Tourism Licensing and Authorisation created under the Department of Tourism Development. 5. Streamlined authorisation procedures. licensing / and inspection 6. 5000 information booklets produced on streamlined licensing / authorisation and inspection procedures. 7. 1000 Tourism enterprises legally / officially registered i.e. both accommodation and other tourism enterprises. 8. One National and four Regional Tourism Inventory Data bases created. 9. EIA regulations on payment modalities / pricing structure of EIAs agreed upon by stakeholders. 10. Tourism launched Policy officially 11. National Tourism Development Master Plan developed. 12. Tourism Website enhanced 32 1. Land Policy 2. Land Banks Identification Programme 3. Improvement of land information system 4. Improvement of land information system, Land Survey, lands and Deeds and the land advocacy 5. Business Process Analysis and Re-engineering 6. Efficient processes associated with land transaction and allocation. State-of-the-art Lands Registration and title deeds management system and improvement to the LIMS software and hardware 7. Enhance public perception on MoL and prevention of Fraud and Corruption 8. Establishment of a land Integrity Committee. 9. Implementation of internal and external communications Programmes PSDRP WG Deliverables Outputs Immigration 1. Improved timing and efficiency Land reforms 2. 3. 4. 5. 6. 7. of the processes for entry and exit into Zambia and approval of work and self employment permits. Development of a website Reduced perception of corruption at ID Border Management Task Force (BMTF) Streamlined immigration regime and structure to further shorten investor application procedures and further clarify, increase reliability and obtain consistency. Solutions into the housing and administrative requirements to increase working hours at Chirundu Immigration Control Point. Solutions are also required taking into account new and necessary ICT and service delivery requirements for the new infrastructure under construction at Chirundu and Katima Mulilo Border Posts. Trained and confident manpower leading to efficiency gain in operations. Appreciation and understanding of best practice, ICT, infrastructure standards for staff leading to ease of mindset change and embracing best practices and Land audit completed in four provinces Cadastral survey completed in four provinces Senanga soil sampling analysis exercise completed. Customer services centre established Guidelines for land banks approved Customer Services Charter for Department of Immigration launched The revisions of the land policy awaits the enactment of the new constitution Status The revised Immigration Act is awaiting submission to Parliament. 33 standards. 8. Improved immigration information services that also offer on-line enquiries and filling of applications by applicants. 9. ICT based work processing routines and management information systems strategy developed and supported by: new office lay-out plans for Department of Immigration head office and selected borders; staff training and development needs assessment conducted to guide implementation of capacity building programme and delivery of change management and customer care courses. 10. Knowledge gained by WGI on best practices from other countries in the region and Malaysia. 11. WGI gains on-site knowledge of operations at selected borders of the Department of Immigration 12. Final reports from consultants and other activities of the WGI provided to the PSD Implementation Committee 13. Amend Immigration Act PSDRP WG Livestock disease control Deliverables 1. Review of Veterinary Delivery System. 2. Review of Past Donor Driven Livestock Projects/ Programme. 3. Review of Past and Present Policy Environment Outputs Recommendations were made by the working group on improving the livestock industry and controlling diseases. The following are the recommendations of the working group: 1. Improve coordination of the Industry. This will require the creation of specific structures handle livestock issuers: Create a separate Ministry that focuses on livestock. This is aimed at increasing the profile of the industry and allows it to contribute effectively to the national economy. Create the Livestock Council by an Act of Parliament. This will handle all issues of professionalism by all players in the industry. Create voluntary District Task Forces that will handle and allow for community involvement in livestock disease control issues at the Status Livestock budget allocation in 2009 budget increased Minster of Livestock & Fisheries established. Government agreed to implement the recommendations of the working group. 34 2. 3. 4. 5. 6. 7. 8. ZDA 1. ZDA Act harmonized with Immigration and CEE Acts 1. 2. 3. 4. district level. This initiative will create ownership of the disease control programme at grass root level. Create an Emergency Disease Control Fund independent of the normal budgetary allocation to livestock development Adhere to well defined disease control vaccination programmes. Carry out animal identification programmes, disease control vaccination programmes. Harmonise the Public Health Act so that the Ministry of Health, local government and the Veterinary department have separate but complementary roles in meat inspections at meat slaughter facilities. Livestock related Acts to be reviewed and updated in line with the current regional and international trends. Draft and enact the Poultry Industry Act to regulate the poultry industry. Advocate for improved animal and feed security. Improve feed and livestock safety by increasing the penalties for cattle rustling/theft and causing bush fires that destroy pasture especially on private properties. ZDA formed by an Act of Parliament ZDA fully operational One stop shop established and operational ZDA Act amended 1. ZDA Act in the process of being reviewed ANNEX 2: SUMMARY OF PSDRP EVALUATION FINDINGS AND RECOMMENDATIONS MAIN FINDINGS: 1. The component structure was not helpful to project management as they were too broad to report against and had limited focus on actual reform areas 2. Private sector high level policy dialogue was disengaged, private sector interest were less central to the programme at the highest level 3. The bottom up orientation of the process created reform bottlenecks 4. The PSD-SC set out as a strategic body but increasingly became a management committee 5. The PMU is called management unit but has roles of a secretariat assigned to it 6. ZBF is not the only private sector representative in Zambia and ZBF is not universally accepted as representing the private sector vis-à-vis government in PSDRP 35 7. Many Working Groups (15) were established and while many recommendations, policies, laws, Acts and Bills were drafted precious few have led to reforms that have been fully enacted 8. The PSD Reform Process for specific reforms was not mapped out and specific bottlenecks were not identified. There was no performance management system in place to track the progress of the process and most reforms have not gotten enacted/implemented 9. The PSD Project Process was not mapped out and specific bottlenecks were not identified. There was no performance management system in place to track the progress of the project process and this coupled with a PMU with limited operational management authority has led to undue delays having a major negative effect on the PSD Reform Process KEY CONCLUSIONS AND RECOMMENDATIONS FOR FURTHER REFORM: 1. Continued reforms are key to Zambia’s further development 2. Due to lack of practical tangible results at Zambian competitiveness level, the Zambian private sector is loosing interest in the reform program. PSDRP II will need to provide tangible results within 6-18 months maximum 3. PSDRP II should build on the work done by some of the different reform working groups within the first phase of PSDRP 4. Donors are willing to fund phase 2 of the programme however they need to have a clear proposal with a clear results and indicators of results framework 5. Key reforms will need to be undertaken within the ministries and ownership at that level needs to be ensured. Working Committees should be anchored in relevant ministries 6. ZBC or an advisory body should be reactivated 7. Low profile high level advisory body comprising of top private and public sector should be established and be able to provide support to the reform processes 8. ZBF is not needed as exclusive gate keeper for the private sector. Private Sector can represent itself through sector associations on a rotational basis 9. SC should move from operational to strategic matters 10. PMU, to be renamed PSD Unit needs management responsibility for the operational management of the program 11. Ensure the development of performance indicators/dashboards at all levels within the reform and project processes 12. PSDRP bottom-up orientation (through Working Committees) through ministry structures to cabinet will need to be complemented by high level GRZ support/backstopping. This should be based on information provided through effective performance management systems/dashboards with regards to both the actual reform process as well as the PSDRP II project process 13. Monitoring of PSDRP should be on attaining outputs in specific reforms areas as well as outcomes 14. Communication needs interface with the public and the private sector 15. Need to have communication on tangible results achieved by the reform processes 36 The evaluation suggested the following future reform areas: 1. Reduced regulations and licenses 2. Liberalisation of labour markets 3. Small and Medium Enterprises (SME) development 4. Two (2) other sectors 37