SOCIALIST Party president Fred M’membe says the constitutional provision of the Grade 12 certificate only goes to show the class nature, the elite domination of the Zambia society.

He says this is why this year, Zambians need to usher in a socialist government of the humble, by the humble for the humble.

In a statement, Dr M’membe noted that there was a mushrooming kerfuffle over the grade 12 minimum academic qualification required by the Constitution for one to stand as a councillor, member of parliament, council chairperson, mayor and President.

He noted that many people in the country’s politics do not seem to have the Grade 12 certificate.

He stated that in the 2016 elections there was a more loose or liberal interpretation of this constitutional requirement and it was easy to meet.

“Last week’s Constitutional Court interpretation made it very difficult for many people to meet this requirement,” he stated. “The literary interpretation of this constitutional provision given by the Constitutional Court doesn’t seem acceptable to many people. It seems to have produced an absurd result. The absurd result principle in statutory interpretation provides an exception to the rule that a statute should be interpreted according to its plain meaning.”

Dr M’membe stated that in an age of increasing debate about the proper approach to statutory interpretation, and of increasing emphasis on literal approaches, the absurd result principle poses intriguing challenges to literalism and to theories of interpretation generally.

He noted that the absurd result principle was extraordinarily powerful.

“It authorises a judge to ignore a statute’s plain words in order to avoid the outcome those words would require in a particular situation. This is a radical thing; judges are not supposed to rewrite laws. Ordinarily, such actions would be condemned as a usurpation of the legislative role, an unconstitutional violation of the separation of powers,” he stated. “Even when a genuine question exists about the actual meaning of the statute’s words, it is generally considered to be illegitimate for a judge to make the choice between possible meanings on the basis that the real-life result of one meaning strikes the judge as somehow objectionable. The absurd result principle apparently gives just that power and authority to a judge. Yet this principle enjoys almost universal endorsement, even by those who are the most critical of judicial discretion and most insistent that the words of the statute are the only legitimate basis of interpretation.”

Dr M’membe stated that the law could only work for people when laws were fair.

He stated that this grade 12 requirement, as interpreted by the Constitutional Court, had let people down.

He stated that majority of the people perceived the grade 12 requirement as outright unjust.

“This is an outright case of utilising improper means for the pursuit of an apparently legitimate goal. It has generated requirements that do not reflect the values of the underlying population,” Dr M’membe stated. “Today individuals are facing legal prohibitions that conflict with their sense of justice or fairness. Unjust laws like these can be opposed through protest. Social opposition to unjust laws may trigger social norms that can have countervailing effects on legal intervention.”

Dr M’membe stated that the inadequacies they were trying to address with the grade 12 requirement could have been dealt with differently. He stated that if there was a deficiency of language – English language – the solution was not to bar those not proficient in English but to allow them to use languages they were fluent in.

“Other things they don’t understand – economics, law, security – can be taught to them as they perform their duties as councillors, council chairpersons, mayors, parliamentarians or presidents,” stated Dr M’membe.

“This constitutional provision only goes to show the class nature, the elite domination of our society. This is why this year we need to usher in a government of the humble, by the humble for the humble – a socialist government. Only under a socialist government can we truly have justice, equity and peace.”

THE Patriots for Economic Progress says the August 12 general elections present a unique opportunity for real change and not artificial change.

PeP leader Sean Tembo said real change is when the country moves from bad to good whereas artificial change is when the country moves from bad to worse.

“As Patriots for Economic Progress (PeP) we feel duty bound to warn the Zambian people that the 12th August general elections present a unique opportunity for real change and not artificial change. In 2011, the country experienced artificial change because we moved from a bad MMD government to a worse PF government. The Zambian people should not make a similar mistake this time around,” Tembo said, in a statement.

He specifically cautioned Zambians who might be under the illusion that voting for UPND and its leader Hakainde Hichilema would bring about real change and national progress.

Tembo said there was nothing in such a change and that the signs are written on the wall.

“But just for the sake of those who might be adamant about the reality that the UPND and its leader are incapable of bringing about the much needed real change and national progress, here are a few facts to prove this assertion,” he said.

Tembo said one of the main reasons why people want to remove the PF and its government is that they have failed to properly manage the national economy thereby resulting in high levels of unemployment, poverty and squalor.

He noted that the PF solution to Zambia’s ailing economy is to get an IMF loan, which they have been working on for some time now.

“Just like the PF government, the UPND and its leader Mr Hakainde Hichilema are proposing to get an IMF loan as a solution to the ailing Zambian economy, should they be voted into office on 12th August 2021,” Tembo said. “This means that there will be no change in economic management approaches between the current PF government and a potential UPND government. Mr Hakainde Hichilema intends to continue on the current PF government path of borrowing, despite himself acknowledging on several occasions that our current national debt levels are too high and not sustainable as evidenced by our recent two defaults. To put it simply, a Hakainde Hichilema presidency will not bring about anything new in terms of how the Zambian economy is being run, and the existing levels of unemployment, poverty and squalor will continue unfazed.”

He argued that the UPND and its leader Hichilema represent artificial change similar to what the country got in 2011.

Tembo said another reason why Zambians would like to replace the PF government was their high levels of incompetence and failure to properly manage the general affairs of the nation.

He however said there was no evidence on record that indicates that a potential UPND government would properly manage the affairs of the nation in a competent manner.

Tembo said available evidence suggests that a UPND government would just be as incompetent and corrupt as the current PF government.

“For example, UPND-run local authorities (councils) in Southern, Western and North-Western provinces are just as dilapidated and financially unsound as PF run local authorities, with huge salary arrears to their employees,” he said. “This is despite the large revenue-earning potential that a local authority has, with revenue streams such as land rates, billboard advertising, personal levy, trade licensing, garbage collection etcetera.”

Tembo said opposition political parties in other countries are able to demonstrate that they are more competent than the ruling party.

“A case in point is South Africa where the opposition Democratic Alliance (DA) run Western Cape Province outshines all other ruling ANC run provinces in terms of facilities, cleanliness, financial soundness, etcetera,” he said. “The excuses which the UPND and its leader Mr Hakainde Hichilema are making today for failure to competently run UPND controlled local authorities in Southern, Western and North-Western provinces are the same excuses that they will be making to the Zambian people for failure to turnaround the ailing Zambian economy three years from now should Zambians make the mistake that they made in 2011 to vote for artificial change.”

Tembo said people would like to replace the PF government because of high levels of political violence perpetrated by its cadres.

“Similarly, the UPND’s appetite for political violence is well documented and evidenced by the Mapatizya formula as well as the decision by the UPND leader to appoint a well-documented political thug in the UNIP and MMD era, Mr William Tekere Banda as a senior UPND party executive official,” he said. “This means that at the earliest opportunity, a Hakainde Hichilema presidency intends to use political violence as a tool for succumbing his political opponents. Instead of real change, the Zambian people would simply be substituting the current green clad PF cadres for red clad UPND cadres in the perpetuation of political violence.”

Tembo said the fact that Hichilema would rather appoint ailing senior citizens in their late 80s such as Dr Guy Scott and William Banda to his party’s executive committee, at the expense of young vibrant youths who are the future of the nation, means that he has no real regard for youths and is only romancing them for purposes of enticing their vote on August 12.

He hopes the youths are smart enough to see through the irony of Hichilema’s contradictions and “not buy into his lie of pro-youth and its facade of Bally”.

“Only a youthful Republican president can ably and sincerely advance the interests of youths in this nation,” said Tembo.

SISHUWA Sishuwa has warned that the country may burn after August 12 if the elections will not be credible.

In his reflections, Dr Sishuwa, a senior research fellow in democracy at the University of Cape Town in South Africa, says President Edgar Lungu and team have removed lawful means of competing for power.

“My worst fear is that with collapsing institutions, a collapsed economy, a deeply divided society and an impoverished population, Zambia may burn after 12 August in the absence of a credible election. It is the nagging idea that it is the violence which may deliver victory to any of the main political elites vying for State House, not votes,” he said. “Whether the country can endure this without civil war is another matter only our future can determine. What is not in dispute is that Zambia is a powder keg, a bomb, being primed to explode. This is because President Edgar Lungu and his friends in power have effectively eliminated constitutional and lawful means of political competition for the occupation of government…”

He highlighted other deficiencies President Lungu has brought on the country’s governance system.

“…loaded the courts with loyal judges; turned the police into a political tool, and armed it to the teeth; made a mockery of Zambia’s democratic tradition and reduced supposedly independent state institutions (ECZ, ACC, DEC, etc.) into toothless branches of the party in power to be unleashed on critics and political opponents,” Dr Sishuwa added. “…collapsed the economy, turning millions of Zambians into fearful beggars easy to corrupt and bribe; deeply polarised Zambia on ethnic and political lines; generated mass unemployment and weakened the trade union movement to a point of rendering it useless to the working class.”

He said President Lungu’s administration has generated mass youth unemployment, and has massively grown prostitution.

Dr Sishuwa said the current government has also promoted youth alcohol and drug abuse, swelled the ranks of street kids and orphans, among other vices.

“…exploded violent crimes, increased youth remand and imprisonment, and produced a generation of young people eager to be deployed for political violence; paved the way for bribery and corruption to thrive and destroy even the moral fibre of the leaders of the Church and converted some into party cadres,” Dr Sishuwa said. “…destroyed some and weakened and intimidated most of the private media; used sustained neglect, financial strangulation and bullying to turn public universities led by the University of Zambia into upgraded secondary schools and ghost institutions.”

He observed that President Lungu has also created what he termed a dubious voter’s roll to his advantage.

Dr Sishuwa added that the Head of State has also turned PF cadres into State police.

“…created a new, dubious Voter’s Roll to make it nearly impossible for Lungu to be evicted from government through elections; enacted a cybercrime law to police social media,” he said. “…recreated party cadres as the informal police out to terrorise citizens who do not toe the line or identify with the wishes of those in power. With mass unemployment and widespread poverty, both in our urban and rural areas, ‘party cadres’ given birth to and grown during the Kaunda era, matured under Chiluba and have now become perfect tools for our corrupt and violent political elites to deploy against their political opponents.”

He noted that sadly, mass unemployment provided an endless supply of desperate impoverished youths as ‘party cadres’ “to our violent political elites for use as they see fit”.

Dr Sishuwa charged that the PF government has also “stockpiled weapons to kill potential protesters in the event of a flawed election outcome”.

“A cocktail for civil war has thus been brewed: mass poverty + a restless violent party cadre + rigged elections + desperate political elites + collapsed government = Civil War. This is the dangerous end to which Mr Lungu and his friends are taking the country,” he warned. “It is not inevitable; there is no fatalistic reasons why it must actually take this route, our history. We need to intervene and interrupt this equation. It can be done. By we, I mean, the people, a movement, a mass movement of anger critical of any ‘saviour’ dressed in any political clothes.”

He called for a reclaim of people’s civil and political rights, adding that the country was founded on democratic principles.

“We the people need to reclaim our agency in our own cause. I recognise that this is a tall order considering that now we are thrust too deep in narrow ethnic, regional and tribal identities to come anywhere close to being a people,” said Dr Sishuwa. “But we must rise above these confines and unite. Zambians, unite! Otherwise, we must wait for the rivers of blood and broken skulls. How can we avoid this nightmare, this painful and disastrous fate?”

THE amount of love that President Edgar Lungu has for me is immeasurable, says tourism and arts minister Ronald Chitotela.

Featuring on MUVI TV’s national matters programme, Chitotela recalled that when people called for his blood following his arrest on corruption charges and concealing property suspected to be proceeds of crime, President Edgar Lungu stood with him and believed in his innocence.

He said he has vowed to give reciprocal love and loyalty to President Lungu whom he said risked his popularity not to heed to people’s call to fire him when he was arrested.

Chitotela was acquitted by Lusaka magistrate David Simusamba on July 11, 2019.

“This is the man who was social booed, who was humiliated, who was called a criminal and then the President Lungu risked his popularity by standing with me. He believed in my innocence…surely that level of love, that level of trust that the President expressed to me it immeasurable. People called for my blood, people demanded that President Lungu must sack honourable Chitotela but he had evidence and the only thing he didn’t want was to interfere with the legal process. He said ‘I will give you the support’…tried, taken to court and proven…” he said. “…Because I took an indictment to him that look I have been arrested for things that I became a minister in the Ministry of Works and Supply, the indictment is there and even on Radio Phoenix I repeated yesterday that the biggest problem is that we don’t want to follow facts. I was charged for things that happened in the Ministry of Works and Supply between 16th January 2016 and 29th June 2016. I was busy in Pambashe campaigning and my substantive ministry was Ministry of Youth and Sport as deputy minister. Surely he looked at that and said I will not interfere, those words he told me and said go to court, let them prove.” Chitotela recalled that out of certain people’s desire to soil his reputation there was an allegation of him having stashed millions in Dubai in offshore accounts but all that was not true.

He said the Auditor General and the Anti-Corruption Commission on several occasions undertook investigations at the Ministry of Housing and Infrastructure to find him with a case to but that all that drew a blank.

Chitotela said President Lungu has had a soft spot on him because he is “clean like a one-day old baby”.

“The President knew that Chitotela was arrested for things that happened before he became a minister. How do they arrest me for things that happened between 16th January 2016 and 29th June 2016 when I was deputy sports minister?” he wondered.

Chitotala vowed to quit politics if President Lungu does not contest the 2021 general elections.

“People pressed him to say no maybe it was a tactic that if you frame him up the President will fire him the following day or maybe to kick Chitotela out of the political space. Then the President said no, ‘I lost Kambwili in a similar circumstance. If this man is guilty as charged take him to court and prove it’. I know even you, media houses, booed President Lungu,” he said. “I was booed and called names. He stood with me, obviously the reciprocal type of relationship I must give back is unquestionable loyalty. Unquestionable loyalty that even if he is sleeping he must be comfortable that I have somebody that can stand by me, and I stand by that. It is not just you that I told, even him I told him that Sir, if you chose to (retire) I am also going. Nkalaisa ku farm, bana Lungu balesalula imbalala tulelya (I will be coming to the farm and Mrs Lungu will be roasting groundnuts for our consumption).”

Chitotela said there must be people in Zambia that live by their words and mean what they say.

He said he intends to be among the few that will be counted that he said something and lived by it.

Chitotela said he did not join politics for personal gain but to sanitise the way politics is done.

And Chitotela said he was motivated to join politics during the time of Mundia Sikatana, Dr Brian Chituwo and Felix Mutati, among others, whom he saw debate on national issues in parliament devoid of emotions.

“I believe that politics is not about name calling, insulting, victimising and deceiving people but integrity. I am a Christian and have stated even on other platforms that it not easy in the Seventh Day [Adventist] and a serving elder to be elected. I was elected as member of parliament in 2011, I was a serving elder at Buchi Adventist Church in Kitwe and records are there,” said Chitotela.

FOREIGN Affairs minister Joe Malanji on Sunday threw diplomacy to the wind, telling off the opposition that State House is not a toilet for one to ask President Edgar Lungu to come out so that they can enter.

Malanji was addressing PF members at Livingstone Lodge.

He urged party members not to be cheated by the opposition.

Malanji also appealed to PF members to start mobilising the party because: “You need an MP who is equal to the task and has organisational abilities and can engage the community and business houses.”

He said instead of 40 years, Zambia has had four presidents in a short space of time.

Under the Constitution, a president in Zambia can only serve two five-year terms of office.

“President Edgar Lungu is getting back into State House…wina akamba ati chooka ningenemo, ni mu toilet? Ngati wadwala diarrhoea sakila toilet inangu (someone is saying ‘come out so that I enter’; is it a toilet? If you have developed diarrhoea, look for another toilet),” said Malanji.

And PF member of central committee Kebby Mbewe threatened to push for the dissolution of Livingstone PF structures following confusion over the adoption of a parliamentary candidate that has led to divisions in the ruling party.

Mbewe said the PF would send independent people to help in the selection of a parliamentary candidate.

“President Edgar Lungu is winning whether there is an MP or no MP. Therefore, we don’t expect the district to be divided because of candidates. You structures I want to warn you as MCC, don’t divide the party. These candidates found the party and they will leave the party otherwise you will force us to dissolve you,” Mbewe warned.

He said the PF in 2016 paid the price because of confusions over a candidate.

“Independent people will tell us who the people want. If you want us to sideline your recommendations, continue doing foolish things,” Mbewe said as a PF cadre shouted “go deeper”.

He warned that officials profiting from aspiring candidates were slimming the chances of candidates being adopted.

“You already did your adoption process at district level, yours now is to keep quiet. Even if you go to Lusaka to see ba Yamfwa [Mukanga], ba [Joe] Malanji or ba Kampyongo, the first MCC they will call is me. You are wasting your time, us we are going to put a candidate that the people of Livingstone want,” said Mbewe.

The United Party for National Development (UPND) has been in existence since December 1998 when it was founded by the late Anderson Kambela Mazoka. In less than three years, the party went on to contest the general elections of 2001 in which its performance was extremely impressive for a newly formed opposition political party. There are many schools of thought with regards to the outcome of the disputed general elections of 2001. However, I will not dwell much on this topic because after many years in court during the election petition, the Supreme Court of Zambia ruled in favour of the then ruling party the Movement for Multi-Party Democracy (MMD). Despite the ruling by the courts, one thing which is clear, based on the performance of the UPND at the time, is simply that Anderson Mazoka was both an effective mobiliser and an organiser. The distinction between the two must be properly understood for our people to know the greatness of the late Mazoka, and how he was able to penetrate the political landscape in a short space of time as an opposition leader.

In clear terms, a mobiliser is someone who is only concerned with issues, while an organiser is someone who is preoccupied with primarily challenging or upsetting the system. Therefore, a mobiliser can bring people together around the high cost of living, issues of corruption or high mealie-meal prices, and even entice those people to rally in protest for any cause. Unfortunately, this act in itself of rounding up people only constitutes a mobilised effort, which is not permanent but temporary by nature. On the other hand, an organiser is someone who has organisational intelligence and skills, someone well positioned to bring down the system. Also, has to be someone who is capable of establishing the much-needed structures of a given organisation or political party across the entire country. An organiser should be able of commanding consistent respect and following within an institution or political party because of their leadership skills. To be an organiser, one must be a mobiliser first; but you can be a mobiliser without being an organiser. And certainly, Mazoka’s leadership demonstrates that the man was both a political mobiliser and organiser.

Since the demise of Anderson Mazoka in 2006, the party has been led by none other than President Hakainde Hichilema (HH). Therefore, from 1998 to 2021 the UPND has officially been in the opposition for 23 years, and the question that begs an answer on the minds of many Zambians is as follows; will the UPND be in perennial opposition beyond August 12, 2021? In an attempt to answer this question, we have to look at the performance of this largest opposition political party in the recent past. There are only two possible outcomes in any election for all participants.

However, with regards to this year’s general election, there is a strong indication that the UPND can carry the day and win the elections without any difficulties. For example, in 2016, the ruling Patriotic Front (PF) won the two-horse race election between them and the UPND with only a margin of 100,000 votes which was less than 1 per cent of the total votes. It is, therefore, possible for the UPND to close up this gap in this election through the following means: a seriously well-organised grassroot structures, a relevant message to resonate with the people and finally orchestrated strategic voter education programme throughout the country.

Also, the UPND has many other factors working in their favour, including but not limited to the struggling economy, the high levels of corruption within the PF government, and gross elements of incompetence and misconducts by most of the government officials. It is our prediction that the UPND will win Western Province, North Western Province, Southern Province, and possibly Central Province by a landslide. And of course, the PF will win in Muchinga Province, Luapula Province, Northern Province and Eastern Province thereby creating a situation where Copperbelt Province and Lusaka Province will be the battleground for the soul of this nation. The truth is that when the fundamentals of the economy are not aligned as they should, it is the people in urban areas like Lusaka and the Copperblet who feel the unbearable effects of an economy in free fall. Hence, this can be a huge determining factor concerning the outcome of the elections on August 12, 2021.

The other possible outcome in this year’s election would be that the UPND loses the election, thereby providing an affirmative answer to the question of whether the UPND will be in perennial oppositions beyond August 2021. Let us consider the factors at play which may bring about such a disturbing reality for the opposition UPND if they do not stay awake throughout this entire process. First of all, the new voter registration as computed by the Electoral Commission of Zambia is extremely concerning. We have observed that the numbers of registered votes in Western and Southern provinces have significantly diminished in comparison to the older voter register. At the same time, the numbers of voters registered on this new roll has gone up quite substantively in areas where the ruling party seems to have an upper hand. The implication of this new reality is that you will have more votes cast in the so-called PF strongholds as opposed to UPND strongholds. If this be the case, then one would expect to see an election outcome that would lean towards the PF government.

Another factor, which could negatively affect the UPND is the lack of having strong and committed members on the ground in Copperbelt and Lusaka who can win parliamentary seats for the party. It is not enough to just focus on getting president HH to State House, but rather the party needs to win more seats in Parliament from the urban cities. As things stand right now, the UPND does not even have one member of parliament from the Copperbelt except what we call Copperbelt rural like Lufuwayama. The same thing applies to Lusaka, the largest opposition party does not have a member of parliament from the urban areas of Lusaka except for Kafue which is Lusaka rural. Therefore, it is crucial to make sure that the UPND wins as many seats as possible for members of parliament in Lusaka and Copperbelt if they are to secure a landslide victory on August 12, 2021. Otherwise, the failure to take up parliamentary seats in these two critical provinces will make it even harder for president HH to get to plot one. Lastly, the other recipe for the UPND to lose this election is the temptation of feeling or thinking that “we have already won this election” even before polling day. This temptation must be avoided at all costs because it creates the feeling of complacency among the party members which makes them not to work as hard as they should because of these misguided thoughts.

To be an opposition leader and run a vibrant opposition political party in Africa, especially in Zambia is not an easy thing. We have witnessed so many candidates and opposition political parties across the continent become perennial due to the unfair advantage created by their opponents in power. For example, the likes of Raila Odinga in Kenya, who has been a perennial candidate for decades. Also, the MDC party of the late Morgan Tsvangirai, which is now led by Nelson Chamisa in Zimbabwe, the UDC of Duma Boko in Botswana, and the opposition Renamo of Mozambique, are just a few of the many political parties which have achieved the status of being perennial opposition parties. However, the UPND has been a credible Zambian opposition party in the face of so many challenges and therefore, this election offers them a unique opportunity to be victorious by any means or else they risk being a perennial opposition party.
Email; aaronngambi@yahoo.com

THE Anti-Corruption Commission has argued that Tanzanian Uziel Bashire and three others claiming ownership of the 48 houses have wrongly commenced the matter challenging the seizure of the said properties and the court has no authority to entertain it.

This is in a matter where Bashire, his cousin Zuberi Bigawa and Zambian Charles Loyana, a senior accountant at the Ministry of Finance, have sued ACC in the Lusaka High Court for forfeiting their properties to the State.

According to their amended statement of claim, the three are seeking a declaration that Loyana, had and has the requisite power and authority by law to purchase, possess and own property in Zambia in his name for his own benefit or for the benefit of any other person.

They want an order that Bashire, who is currently residing in Norway, has an interest in the properties bought by Loyana and was to be the ultimate beneficial owner of the 48 houses and Loyana as purchaser of the properties should be granted possession of the same.

According to an affidavit in support of notice of motion to raise a preliminary issue sworn by Gloria Chisambisha, a senior prosecutor at ACC, the commission intends to raise preliminary issue.

Chisambisha said the ACC’s preliminary issue was based on the amended statement of claim in which the plaintiffs alleged that the ACC did not comply with the provisions of the Anti-Corruption Commission (Disposal of Recovered Property) Regulations, 2004.

Chisambisha said since Bashire, Bigawa and Loyana were challenging the decision making process of ACC by using the words “did not fully comply with the law” and “null and void ab initio” as well as “unlawful and illegal”, the matter should have been commenced by way of judicial review and not writ of summons.

In its skeleton arguments in support of notice of motion to raise preliminary issue, ACC said the plaintiffs’ claim was concerned with the decision making process; whether the correct procedure was followed by ACC in forfeiting the 48 houses as opposed to the merits of the decision.

“The plaintiffs raise the issue of illegality in the manner in which the defendant exercised its powers, thus questioning the decision making process of defendant. Accordingly, this process should have been commenced by way of judicial review,” Chisambisha said.

She said a declaration of an action to be null and void invites the court to quash the decision made by ACC on the ground of illegality and such an action was only achievable by an order of certiorari granted by the court.

Chisambisha said Bashire, Bigawa and Loyana were imploring the court to quash the decision to forfeit their properties and such a relief was only granted through judicial review.

“The court has no jurisdiction to hear this matter on the basis that the mode of commencement was irregular,” she said.

“When an action is commenced wrongly as is the case herein, the court has no jurisdiction to entertain the matter. The judgment emanating from a court acting without jurisdiction is a nullity and can be set aside by a superior court.”

Chisambisha prayed that the matter be dismissed with costs in a point of law as it is a proper case for judicial review.

By Mwaka Ndawa

MINISTER of Justice Given Lubinda has commenced judicial review proceedings in the Lusaka High court against the Lusaka City Council’s delay to confer him his Aldermanship title.

An Alderman is a senior member of a local council elected by other councillors to represent people in their ward at council meetings.

In modern days, Aldermen are refered to as councillors.

Lubinda is seeking an order of mandamus compelling the local authority to implement its resolution to confer him his honorary title.

In an affidavit verifying facts relied on for leave to apply for judicial review, Lubinda, who has been Kabwata Constituency member of parliament since 2001, stated that he served as a councillor of the Lusaka City Council for 15 consecutive years from 2001 to May 11, 2016.

Lubinda explained that on May 5, 2016, the Lusaka City Council, by way of resolution C/137/05/16 decided to bestow him the status of Alderman.

“Despite the LCC’s resolution being passed, as far back as May 5, 2016, I was only informed of the said resolution on June 23, 2017 by way of a letter from the town clerk. By way of the said letter, the council informed me that the official implementation of its resolution was to be held on June 27, 2017 and further that my attendance was required,” Lubinda said.

He stated that some time after June 23, 2017, LCC, through the town clerk, informed him of the postponement of the official implementation of its resolution to a later date to be advised.

Lubinda said that on June 25, 2018, he wrote to the council requesting it to implement the resolution and that he later engaged it on several occasions over the past years, but to date, the council had refused or neglected to confer him his honorary title of Alderman.

He said on February 10, 2021, his advocates sent a letter to the Lusaka City Council demanding the implementation of the resolution and on February 15, 2021, he was replied to and the council requested for an extension of time within which to comply with the said demands.

Lubinda stated that his lawyers wrote to the council and extended the time in which to comply with his demand by 10 days but it has not responded to him.

He complained that that the Lusaka City Council’s delay to confer him his honorary title was unreasonable and irrational and made without justification.

He further lamented that the delay by the council to confer him the status of Alderman had adversely affected him as the council has acted unfairly by not giving him reasons for its reluctance to implement the resolution.

Lubinda further stated that the council’s decision to indefinitely defer the implementation of the resolution was illegal as it was not based on any provision of the Local Government Act Cap 281.

“During the period that the council has not implemented the resolution, the applicant has suffered loss of income from sitting allowance and discounted ground rates,” Lubinda stated.

He added that he was entitled to a claim of damages within this application.

Lubinda is further seeking a declaration that the council’s decision to defer the implementation of its resolution is illegal and constitutes abuse of process.

He also wants consequential orders and costs.

KAMBWILI is a self-confessed tribalist, NDC interim president Josephs Akafumba has charged.

And the party’s vice-president Edward Mumbi says even in PF Kambwili is a liability.

Addressing journalists in Lusaka yesterday, Akafumba said he was the first victim of Kambwili’s tribalism after he was elected NDC vice-president in Luanshya in 2017.

“I was touched, really, when I heard Mr Kambwili talk about tribalism and ourselves being planted by the UPND as a surprise to me. But I thought my brother had grown over this because he’s a self-confessed tribalist who went to Southern Province to go and apologise; and this is in public domain,” he said. “I, Josephs Akafumba, was the first victim of Dr Kambwili’s tribalism when I was elected as vice-president in Luanshya. By the way, I was not appointed by him, no. I was elected by the central committee. After my election, he went to the then secretary general who was in good standing with the party, Mr Mwenya Musenge, and said ‘we cannot put a Lozi as vice-president, tukesa mufumyapo (we shall remove him) as we go on’.”

Akafumba explained that he was later informed by Musenge who equally was not happy with Kambwili’s tribal remark.

He equated tribalism to primitivity associated with stone age politics.

“And Mwenya Musenge came to tell me. I was very upset because I’m not a tribalist. Being tribal is being primitive and practicing early stone age politics. I confronted ba Kambwili,” Akafumba added. “I said, Mr Mwenya Musenge who is our secretary general has told me that you have put me there because you cannot accept a Lozi to be your vice-president, is it true? He said, ‘no, ba Musenge babufi (Mr Musenge is a liar); I didn’t say that’. I said, no, no, let’s call him he’s our secretary general. He said no, namwishiba ifyakulandalanda ifi… (let’s avoid bickering) let’s just forget about him’; I’ve not forgotten that.”

He said each time he met Kambwili he cautioned that tribalism would not help him.

Akafumba further cautioned participants at what he termed the sham NDC provincial conferences that those activities were illegal.

He warned that at the right time, those being deceived by Kambwili would dance with him because he stood expelled from the party.

And Mumbi said Kambwili was being used by the PF to ambush UPND leader Hakainde Hichilema during nominations.

He said PF has got lawyers who know very well that Kambwili is a convict who cannot stand for public office.

Mumbi challenged PF to state if they can make Kambwili running mate to their presidential candidate.

“Mr Kambwili is not decent, and that his moral behaviour does not befit a leader. Two things he should have known if indeed he holds a PhD: he should have known that in PF there are also astute legal brains that know every well that Kambwili is a criminal convict. He’s not a civil convict. He’s a criminal convict who cannot hold public office. They knew and they know,” he said. “And if picked as a running mate to Hakainde Hichilema they were going to celebrate because this could have happened at a time when they needed it most. And if he was picked as a running mate to Hichilema, they will have celebrated to cause Hakainde Hichilema to have no running mate at an appropriate time. There are lawyers in PF and they know that a criminal convict cannot hold public office. And this appropriate time would have entailed a legal technical knockout for Hakainde Hichilema’s presidential race.”

Mumbi charged that PF were going to let Kambwili stay in the alliance deliberately and cause Hichilema’s disqualification at the last minute.

“On a technicality he (Hichilema) was going to lose it because they were going to let Kambwili hang on as running mate to Hakainde up to a certain time. They were going to go to court and say ‘that’s a criminal convict, how can he be a running mate?’,” said Mumbi. “Then they would have succeeded in their scheme which they had planned, which to me, if Kambwili holds a PhD he ought to have known very well that at one point that’s how they had agreed it will happen. And I’m challenging the PF to tell me if they can make Kambwili a running mate, let them say it.”

By Mwaka Ndawa

I AM a taxpayer, I have the authority to question how taxes are utilised, I have never, I can never and I will never defame the President, Chishimba Kambwili has told Court.

This is in a matter where New Congress Party leader Peter Chanda has taken Kambwili to court for questioning President Edgar Lungu’s association with Lusaka businesman Valden Findlay whom he accused of being a drug dealer.

It is alleged that between September 1, 2019 and September 12, 2019, Kambwili, with intent to bring the name of the President into hatred, ridicule and contempt, published defamatory matter affecting the President by word of mouth to which he was quoted saying “what business do you have with Findlay because we see when you go abroad, when coming out of the plane, the next person to come out is Findlay. Now allegations by the people of Zambia and world over are that maybe the Presidential trips and plane is now being used to courier drugs.”

“There is no way a President worth his salt can be moving and associating with a person who was locked up for drugs, a person who was mentioned in America by a well-known world drug dealer in the name of Goswami and when I say this, is without…you know, it’s with not impunity but I am tying to protect you, President Edgar Lungu. There is no way, my brother wingakwata icibusa no muntu wamusango ifi, (you cannot have friendship with such a person) and I am appealing to the Americans, please come and pick up this man….”

When the matter came up before Lusaka magistrate Felix Kaoma, Kambwili said he was the president of the opposition National Democratic Congress and his job was to provide checks and balances to the government of the day.

He said his other duties were to inform government about the complaints by Zambians and against those in governant and any other issues the people of Zambia were not happy with in terms of the way they were being governed.

When asked why he offers checks and balances by his defense lawyer Keith Mweemba, Kambwili said he is a taxpayer.

He said the government was run by taxes therefore he had the authority to question property acquired using taxpayers’ money and how taxes were utilised.

“As an opposition leader, I research by reading newspapers and articles on social media, listening to the radio and watching news on tv, both international and local, and through that I hear the complaints of Zambian people and I receive correspondence letters written to me asking me to intervene on different issues affecting the country and to communicate to government about the complaints,” Kambwili said.

He said between August and December 2019, he received various letters from all over the country and the particular issue of the said letters concerned Valden Findlay with regards to what had been said in the American court where Vijay “Vicky” Goswami, a drug lord of Indian origin, had mentioned Findlay in his drug dealings.

“The letters were addressed to me and other party members requesting that I comment on the matter involving Findlay’s association with the President,” said Kambwili.

At this point, Kambwili, who had earlier inforned the court that he was unwell, said that his condition had deteriorated as he developed a hand tremor.

“I am not feeling well, I need to rest,” he said.

Magistrate Kaoma said he would give Kambwili a benefit of the doubt because there was slight progress in the matter.

Earlier, magistrate Kaoma refused to adjourn the matter on reasons that Kambwili was unwell every time as such would turn the court into a circus.

Kambwili’s other lawyer Gilbert Phiri sought an adjournment on grounds that his client needed to seek medical attention.

Phiri said that the defense was ready to proceed with defense but he learnt of Kambwili’s illness in the morning.

He said Kambwili’s defense was lengthy and that he could not take the stand as he needed to see a doctor.

However, Jonas Zimba, who is privately prosecuting the matter, lamented that the prosecution team had never occasioned any adjournment in the matter since its inception in 2019.

“We have religiously attended court and discharged our duties. It is a notorious act which I invite this court to take judicial notice of that high blood pressure and diabetes are lifestyle diseases. They are subject to control and elimination,” Zimba submitted.

“If we shall continue adjourning this matter on the basis of these diseases, we shall never make progress in the matter. For this reason, as the state, we are of the view that if medication is taken now, the accused will be ready to open his defense this afternoon. We have no objection having the matter come this afternoon. We say so because every time an adjournment has been obtained at the instance of the accused.”

Zimba said the explanation by Phiri that he was unable to attend court in the afternoon; there are three lawyers on record who by section 85 of the legal practitioners Act chapter 30 volume 4 of the Laws of Zambia were officers of court and subject to direction by the court and hold a higher duty to the court.

“One of the duties is to ensure a speedy conclusion of matters such as this one. We request that the court orders that the matter proceeds this afternoon and defence counsel should be present with their client,” he applied.

Another private prosecutor Charles Changano complained that it would be unfair for the defense to delay the case as justice required that matters of this nature end in time.

“There is nothing before you to warrant an adjournment. I would advise counsel to make the defense short and stick to the indictment,” said Changano.

In his response, Phiri disagreed with Zimba’s arguments that Blood Pressure and diabetes were lifestyle diseases as none of them in the room was a doctor.

He said when an accused indicates that he is unwell, he needs to be given the benefit of seeking medical help and the benefit of recovery.

“Taking medication and appearing before court in the afternoon, BP and diabetes being diseases related to the endocrine cannot be downplayed and it is on the accused to indicate how he feels. We were ready to proceed, we learnt of the accused’s predicament this morning,” he said.

“The accused is intrested in a speedy trial with regards to how long the matter has taken. Counsel Changano has not cited the law that cases of this nature should end in good time. Even if the matter is adjourned to the afternoon we cannot say that he will conclude defense.”

Phiri said he could not speculate what Kambwili’s doctor would advise with regards to the illness and prayed that the accused is given a benefit of doubt to seek medical attention.

In his ruling, magistrate Kaoma said the matter was being privately prosecuted and every adjournment was a cost on the part of the prosecution team.

“This matter was adjourned at the instance of the accused’s sicknes and today the same sickness has been advanced without documentation. If I allow the adjournment, there is a danger of turning this court into a circus,” said magistrate Kaoma.

“The presumption of innocence that the accused enjoys, justice is for both the accused and the state. The objection is sustained and I direct that we proceed.”

The matter has been adjourned to April 16, 19 and 20, this year.

LET the educated or the holders of credits in five O’ levels or better as a school certificate vote for themselves as they seek public political office, says 3RD-Liberation Movement president Enock Tonga.

Tonga said unless one was mad, why would they cast a vote for a system that embraces draconian and discriminatory law such as five O’levels credit or better requirement for one to seek public political office.

“In Matthew 8:22 Jesus said, ‘Let the dead bury themselves.’ Likewise, let the educated or the holders of credits in five O’levels or better as a school certificate vote for themselves as they seek public political office. Fools!” he said.

Tonga said Zambia had a very poor education system, which only supports the rich to access quality education based on their ability to pay.

“And that is when a bad and very discriminatory clause is slotted in our supreme law of the land. Please note that leadership comes from God, and people’s support in a particular ward, city, district, constituency; let alone the nation is enough qualification at present to allow one seek public political office,” he said. “Whose interest were those thickhead drafters of this useless clause serving? Now, you want us to start exporting candidates from the city to go and stand in some ward based in a particular village. What would a holder of credits in five O’levels or better be doing in a typical village?”

Tonga said it was an insult of the worst kind, right in the face of a voter, to be asked to vote or consider a particular position which he or she cannot aspire for simply because of such a cruel slot of a clause.

“What sense is there for a poor villager, uneducated, who is clearly being told that you are not worthy of a being to aspire for public office to go and cast a vote for the educated? You hypocrites!” Tonga said. “We shall see how many voters out of those six million registered voters of yours have credits in five O’levels or better will come and cast a vote for any of you the educated. Example given: It is neither practical nor feasible, for one to setup or establish an incompetent body to be responsible for choosing qualified candidates for a particular position – To simply mean that, the most uneducated, the have-nots, the so called grade twelve certificate, as voters in line with or in the face of this useless and draconian law, are an incompetent body of voters to choose or elect the educated – the grade twelve certificate haves.”

He said it was all animal farm and manipulation of highest order.

“We may as well want to know the marks which those President Edgar Chagwa Lungu’s appointed judges at his Constitutional Court scored at grade twelve to come and study law and later adjudicate over matters of Constitution interpretation,” Tonga asked. “The sole reason why there is mature entry in studies – so, why should we discriminate other good people to seek public political office based on a useless grade twelve piece of paper, even when the system has terribly failed to provide affordable and quality education for all?

Well, for us, it is easy, simple and straight, knowing so well that the majority voters on the current [ECZ chief electoral officer Patrick] Nshindano and [chairperson Esau] Chulu’s compiled Voter’s Register do not have credits in five O’levels or better.”

JACK Kalala says it will be outrageous, treacherous and a betrayal of Zambians for MMD president Nevers Mumba to go into an alliance with the destructive PF.

The Mast last Thursday quoted Mumba saying if the party’s discussion, for a possible alliance with the PF, takes a route that incorporates the plight for most Zambians, then he is game for it.

Mumba featured on a special interview programme on Diamond TV last Tuesday.

He, however, stressed that he was on the side of Zambians, who were overwhelmed with socio-economic despair.

Mumba said he did have a position, on whether or not to go into an alliance with the PF, but that such a position would be expressed fully in the MMD’s national executive committee (NEC) meeting and at the March 20 national convention.

“If the national executive committee decides that we go with the Patriotic Front or any other political party, that becomes our preference,” said Mumba.

Responding to Mumba, Kalala, who was president Levy Mwanawasa’s special assistant for policy and project implementation and monitoring, advised Mumba against being tempted by the glamour and enjoyments of political power.

He said his motivation should rather be service to the people.

“It is honourable and noble to play the role of providing checks and balances and be the voice of the hurting voiceless,” Kalala said in a write-up availed to The Mast. “The MMD president, Mr Nevers Mumba has been reported that his party is discussing going into an alliance with the PF. If it is true, it is outrageous, treacherous and a betrayal of the people of Zambia.”

He explained that Mumba, being: “a former eminent pastor” and former Republican vice-president, had a moral responsibility to be a role model of ethical, virtuous and principled conduct.

Kalala said Mumba, Zambia’s former high commissioner to Canada, should be a shining star and source of inspiration to Zambians.

“He should keep away from relationships that would tarnish his image and standing in society. He should know that even without being Republican President, he has an important role to play in national building as [an] opposition leader,” Kalala noted.

He also recalled that in 2011, Zambians overwhelmingly decided to vote out the MMD for having failed them.

“They decided to vote for the PF, which had promised them more money in their pockets and pro-poor policies. Unfortunately, PF has proved to be a disappointment,” Kalala said. “It has failed to honour their promises to the people of Zambia. The PF has been pathetic and worse than the MMD in performance and meeting people’s expectations. Their performance has been a total disaster to the nation.”

He said instead of putting more money in the pockets of people, “the PF leaders have been enriching themselves and their surrogates.”

“People, who were poor before they became government leaders, have turned into instant millionaires within a very short time. Not only that, they have failed to provide effective and credible leadership,” he said.

Kalala further highlighted a number of marked failures of the PF regime.

“The kwacha has depreciated from about K5 to more than K22 to one dollar. The inflation rate has moved from eight per cent to 22.2 per cent since PF came into power,” Kalala noted. “The economic conditions and cost of living have deteriorated to miserable and unbearable levels.”

He complained that under the PF regime, it had been scandal after scandal, like the scandalous high cost of the reconditioned fire trucks and ambulances.

Kalala also said under the PF, Zambia had experienced the collapse of the rule of law and that President Edgar Lungu himself has shown no regard for the Constitution.

“The nation has had nasty experiences such as the gassing that traumatised the nation, the unwarranted killings of innocent citizens, namely Vespers, Mapenzi, Banda, Nsama, Kaunda to mention but a few,” he said. “The nation has been subjected to dreadful vices such as criminality, brutality and tribalism than ever before. Under the PF regime the nation is hurting.”

Kalala then asked: “under such circumstances, how could a normal thinking person, aspiring to become a national leader, imagine to go into an alliance with such a notorious party?’

“What has president Mumba got on his mind to want to team up with PF?” asked Kalala. “Does he want to join the plunderers in order to also dubiously become an instant millionaire, while subjecting Zambians to socio-economic adversities and tribulations?”

CHISHIMBA Kambwili has branded UPND as a tribal and selfish political party.

But UPND spokesperson Cornelius Mweetwa says people should forgive Kambwili over what he says as he is a prisoner of politics.

Addressing the Eastern Province NDC elective conference that was held in Chipata via telephone, Kambwili charged that the UPND is only interested in using other political parties for its selfish political advances.

Kambwili informed the delegates that he had wanted to work with the UPND but the party believes in itself and where it originates from.

“First and foremost, I want to thank you for being magnanimous and refuse people who have always wanted to use other people for their own personal and tribal gain. As your leader I would not want to support a grouping that is going to divide this country,” Kambwili said. “We formed NDC to serve the people of Zambia, to give them hope and unite them but there is a certain political party which just believes in themselves and where they come from. When we went to work with them, where I come from they say ‘ukupesha ilungu kwendamo’ (for you to describe a situation accurately, you have to experience it). When people are saying these people are like this, you better go and be close to them and really find out if you can help change them but I can tell you, I failed.”
Kambwili said even the people he was with in NDC who pretended to belong to the party were actually UPND but wanted to sell his party to the highest bidder.

“I am grateful that today you are going to have your elections to elect leaders who cannot be easily bought or cannot be easily compromised. Let me thank the outgoing executive led by the provincial chairman who came to Luanshya, the provincial chairman…who came to attend our central committee to endorse our position that well done and now it’s time to work so that we can build our country. I thank you and God bless you,” said Kambwili.

Earlier, Fabian Mutale, who is Kambwili’s private secretary and deputy NDC mobilisation chairman, informed Kambwili that the conference in Eastern Province had just dissolved its previous executive and delegates were heading into elections for a new one.

“… [delegates] have unanimously agreed that after this election they are going flat out to grow NDC and they are not ready to go and work for UPND who wanted us to go and field all our candidates on UPND [ticket]. They are supporting you and want to hear your voice …” said Mutale.
But Mweetwa advised people to forgive Kambwili.

“The man is a prisoner of politics; what he is going through right now is what HH has gone through, is what all of us will go through, except that we react differently to such kind of political incarceration,” Mweetwa said.

He sympathised with Kambwili.

“From his tone, this is not the Kambwili we know, this the Kambwili who is in some kind of situation which does not permit that he should speak his mind; he is not speaking his mind,” he said. “So no one should politicise what Kambwili has said.”

Mweetwa said the UPND still valued Kambwili as a political leader in the country and the association his party enjoyed with him.

“We do not take lightly the situation he is in and therefore we wish him well and that these issues to do with 2021 should not be individualized. Where we are now is no longer bet6ween UPND and PF; it is the people versus the PF government, those are the battle lines,” he said. “There will be many people who will be heard saying things that appear to favour PF. It doesn’t mean those people believe in PF. It’s just that PF has been too brutal and ruthless that sometimes they have managed to break some individuals’ spines.”

Mweetwa advised people not to be quick to demonise Kambwili saying “he is our brother in the struggle”.

He said one day freedom shall come to Zambia for all.

Mweetwa said currently issues that need debate relate to the national debt, the kwacha at K22, which had thrown many people out of business, and unemployment.