By Edwin Mbewe, LLB, AHCZ and Isaac Mwanza, LLB

Introduction

On 10th March 2021, the Constitutional Court in the case of Nkunika v Nyirenda and Electoral Commission of Zambia (2019) CCZ 005, (the “Nkunika Case”), by a majority of 3-2, delivered a judgment on the interpretation of Article 70(2)(d) of the Constitution of Zambia. The said provision sets as a minimum academic qualification for candidates who wish to contest an election as a Member of Parliament, possession of a grade 12 certificate or its equivalent.

This discussion analyses the Nkunika Case and considers the question on whether or not possession of a grade 12 certificate as interpreted by the Court is necessary or required for candidates who have a higher academic qualification.

The Nkunika Case

In the Nkunika Case, the Petitioner and the 1st Respondent amongst others, stood as candidates for Member of Parliament for Lundazi Central Constituency in the general election held on 11th August, 2016. The 1st Respondent emerged victorious in the said election and was declared duly elected Member of Parliament.

The Petitioner alleged that the 1st Respondent does not meet the minimum academic qualifications as prescribed under Article 70(1)(d) of the Constitution as he does not hold a minimum of a grade twelve (12) Certificate. That as such, the 1st Respondent has contravened and continues to contravene the said provisions of the Constitution by holding office as Member of Parliament when he does not have the prescribed minimum academic qualification.

With regard to the 2nd Respondent, the allegation was that it too contravened the provisions of Article 70(1)(d) of the Constitution by allowing the 1st Respondent to contest the relevant seat without meeting the minimum academic qualification and continues to contravene the said Article by not taking appropriate action against the 1st Respondent, whom it is now aware did not submit a grade twelve certificate.

The Petitioner contended that the 1st Respondent was holding office as Member of Parliament contrary to the provisions of Article 72(2)(b) of the Constitution and that by allowing the 1st Respondent to continue holding a parliamentary seat when he does not meet the minimum academic qualifications as prescribed, the 2nd Respondent has also contravened the said Article 72(2)(b) of the Constitution.

The Petitioner sought two main reliefs:

1. That the Court orders that the 1st and 2nd Respondents contravened and have continued to contravene Articles 70(1)(d) and 72(2)(b) of the Constitution;
2. That the Court declares the Lundazi Central Constituency seat vacant and that the 2nd Respondent holds elections within 90 days.

The Respondents denied the Petitioner’s allegations that the 1st Respondent does not meet the minimum academic qualifications as prescribed under Article 70(1)(d) of the Constitution as the wording of the Constitution says “Grade twelve or equivalent” and that the term “equivalent” in this case meant the 1st Respondent’s tertiary qualifications and General Certificate of Education (GCE) of 2013.

The Respondents relied on the High Court decision of Sibongile Zulu v Attorney-General (2016)/HB/24 (the “Sibongile Zulu Case”), which held that a vocational training/apprenticeships could equate to a grade 12 certification or even be higher.
The Constitutional Court held that:

The term “grade twelve (12) certificate” used in Article 70(1) (d) of the Constitution is synonymous to the term “school certificate”.

The word “equivalent” to a grade twelve (12) certificate as envisaged in Article 70(1)(d) of the Constitution relates to qualifications that are comparable in value, amount, meaning and functions and are neither inferior nor superior to a school certificate. The qualifications may include academic qualifications that have been obtained in other jurisdictions but which are equivalent to a school certificate in Zambia.

A GCE is equivalent to a grade twelve (12) certificate as envisaged under Article 70(1)(d) of the Constitution if the number of subjects, passed and the grades obtained satisfy the requirements for obtaining a school certificate being:

(a) Pass in at least six (6) subjects, including English Language, one (1) of which should be a credit or better; or
(b) Pass in at least five (5) subjects, including English Language, two (2) of which should be a credit or better.

A tertiary, vocational, craft, trade or apprenticeship certificate is not equivalent to a grade twelve certificate (school certificate) as it is not comparable in value, amount, meaning and functions to a grade twelve (12) certificate.

The Respondents did not contravene Article 70(1)(d) of the Constitution as regards the 1st Respondent’s nomination and subsequent election based on the prevailing interpretation of Article 70(1)(d) of the Constitution at the time in the Sibongile Zulu Case and the Constitutional Court could not apply its above interpretation (on what is meant by a grade 12 certificate or its equivalent) to the 1st Respondent retrospectively.

In their dissenting opinions, Justices Chibomba, JP and Mulonda, JC were of the view that the 1st Respondent ought to have vacated seat as his continued stay in Parliament violates Article 70(1)(d) and should thus be disqualified from continuing to hold office, pursuant to Article 72(2)(h) of the Constitution. They disagreed with the majority on their refusal to apply the latest interpretation of the Constitution to the 1st Respondent as whatever is found to be unconstitutional is void or a nullity from the beginning.

Analysis of the decision

There seems to be a misconception that the effect of the decision is that possession of a tertiary qualification but without a grade 12 certificate or its equivalent disqualifies a candidate. This proposition is of doubtful validity for the following reason:

A grade 12 certificate or its equivalent is only a minimum requirement and it is irrelevant where one holds a higher academic qualification

It is important to note that Article 70(1)(d) only requires a grade 12 certificate or its equivalent as “a minimum academic qualification.” This entails that it is the lowest academic qualification a candidate is expected to have but not necessarily a must have. It is perfectly possible for someone to have an academic qualification which is higher than a grade 12 certificate without first having obtained the latter.

For example, by virtue of the Zambia Qualifications Framework (ZQF) Level Descriptors 2016 promulgated by the Zambia Qualifications Authority, a Trades and Occupation (TEVET) qualification ZQF Level 3 Certificate is graded as higher than a grade 12 certificate. Yet, this level also caters for prior learning outside the formal school system. One may then go on and upgrade to Level 4, then Level 5 even to Diploma Level without any trace of a grade 12 certificate or its equivalent.

Further, it is not uncommon for institutions of higher learning to have admission requirements such as three (3) Ordinary Level credits sometimes coupled with practical experience in a relevant field. Some institutions refer to this as mature entry. Three (3) Ordinary Level credits are not equivalent to a grade twelve certificate. Yet, one can perfectly obtain a higher academic qualification with them.

It is submitted that where a candidate possesses the above higher qualifications, a grade 12 certificate being lower than such qualifications, becomes an irrelevant consideration. A minimum should not be insisted upon in the existence of a higher qualification. Article 70(1)(d) of the Constitution does not require that in addition to a higher qualification a candidate must also possess the minimum.

The requirement for a grade 12 certificate or its equivalent only becomes relevant if as was the case in the Nkunika Case, one’s proffered qualifications are found to be inferior to a grade 12 certificate or its equivalent. In the said case, those qualifications were a GCE with 4 passes, craft, vocational and apprenticeship certificates not issued by an appropriate authority as defined by the Zambia Qualifications Authority Act.

No qualification such as a Trades and Occupation (TEVET) qualification ZQF Level 3 Certificate issued by an appropriate authority was ever considered in the Nkunika Case.

When or at what point could the Respondents in the Nkunika Case be said to have contravened Article 70(1)(d) of the Constitution?

It was the majority’s reasoning that in view of the Sibongile Zulu Case which held that: “…the legislature did not set a rigid standard or a qualification based on passes and failures because, firstly, the Constitution itself does not set such a high standard as defined by the Examinations Council of Zambia,” the Respondents acted within the Constitution as the above High Court interpretation of Article 70(1)(d) of the Constitution bound them.

We are inclined to agree with that position. At the time of nomination, the Respondents acted within the Constitution as guided by the High Court. The Sibongile Zulu Case simply rejected the Examinations Council of Zambia’s definition of a grade 12 certificate. The High Court guided that a vocational training/apprenticeships could equate to a grade 12 certification or even be higher.

That was the law until 11th April, 2019 when Parliament defined for the first time what “School Certificate” means. This was by virtue of the Electoral Commission of Zambia (Amendment) Act No. 5 of 2019. It defined “School Certificate” as:

“…the certificate awarded by the Examinations Council of Zambia to a candidate who passes such subjects, in the grade twelve examinations conducted by the Examinations Council of Zambia, as the Examinations Council of Zambia requires for the award of the certificate.”

By that amendment, the Sibongile Zulu Case was overruled by the sharp sword of legislation. It is really only after that amendment that the Examinations Council of Zambia could have an authoritative say on what “School Certificate” means as not even its Regulations on School Certificate and General Certificate of Education 2018 not being by Statutory Instrument, could overrule the Sibongile Zulu Case.

Article 72(2)(b) of the Constitution which was one of the provisions the Petitioner relied on in the Nkunika Case makes interesting reading. The said provision enacts as follows:

“72. (2) The office of Member of Parliament becomes vacant if the member—
(b) becomes disqualified for election in accordance with Article 70.” (Emphasis ours).

The expression “becomes disqualified” contained in the above provision would seem to suggest that one would have initially been qualified but circumstances have since changed and they are now no longer qualified. For one cannot become disqualified if they were already disqualified.

The question is: at what point does a person initially qualified become disqualified? We submit that the disqualification would only arise at the occurrence of a disqualifying fact listed in Article 70. Not having the required minimum academic qualification is one of them.
In the Nkunika Case, it can be observed that the 1st Respondent who was otherwise qualified on the then prevailing authority of the Sibongile Zulu Case, was found to have become disqualified by the Constitutional Court’s interpretation of Article 70(1)(d) which seemingly overruled Sibongile Zulu. We contend that the said case was actually overruled by the Electoral Commission of Zambia (Amendment) Act No. 5 of 2019 considered above.

The possible disqualification fact in the Nkunika Case therefore appears to have occurred in 2019. At that point, was it still irrelevant to consider any post-election academic qualification the 1st Respondent could have since attained? Should relevance still only be placed on want of qualifications at the time of nomination or election which at the time was no disqualification?

We hold the view that a person who becomes disqualified must be regarded as such in view of the obtaining disqualifying circumstances. Thus, as the 1st Respondent became disqualified in 2019, it was relevant to consider if that was really the case in view of the obtaining fact that he had since acquired a degree in Christian Entrepreneurship (whatever that is) obtained from Team Impact Christian University.

Had he still become disqualified for want of a grade 12 certificate when he now had a degree (presumably from an appropriate authority) and when he was not so disqualified at nomination or election owing to the then prevailing interpretation of Article 70(1)(d)? We don’t think so.

We agree with the final decision of the majority but not the path taken to arrive at that decision. In our view, the 1st Respondent had actually not become disqualified by the time Sibongile Zulu was overruled. And at nomination or election, the then prevailing interpretation of Article 70(1)(d) meant that there was no lack of qualifications on his part.

Summary and Conclusion

In the Nkunika Case, the Constitutional Court held that a tertiary, vocational, craft, trade or apprenticeship certificate is not equivalent to a grade twelve certificate (school certificate) as it is not comparable in value, amount, meaning, and functions to a grade twelve (12) certificate.

A GCE is equivalent to a grade twelve (12) certificate as envisaged under Article 70(1)(d) of the Constitution if the number of subjects passed and the grades obtained to satisfy the requirements for obtaining a school certificate.

The Respondents did not contravene Article 70(1)(d) of the Constitution as regards the 1st Respondent’s nomination and subsequent election based on the prevailing High Court interpretation of Article 70(1)(d) of the Constitution.

The Court never ruled that a grade 12 certificate or its equivalent is also required where one has a higher academic qualification. An example of a higher academic qualification one can have, without having a grade 12 certificate or its equivalent, is a Trades and Occupation (TEVET) qualification ZQF Level 3 Certificate. Such a qualification is not equivalent to a grade 12 certificate and it does not have to be for the obvious reason that it is higher.

1,200 POLICE OFFICERS TO BE RECRUITED.

The Zambian Government will this year recruit 1, 200 Police Constables countrywide.

This announcement comes following an advertisement run in the media on February 28, 2021, calling on those interested to apply.

Home Affairs Minister Stephen Kampyongo said at a media briefing today that the recruitment process will be decentralized to enhance transparency and accountability.
The minister said the decentralization of the process will also accord all potential candidates an opportunity to apply.

“The total number of constables to be recruited is as permitted by the treasury Authority countrywide is 1, 200,” Mr Kampyongo said.
“It should be made clear that the Zambia Police Service has decentralized the recruitment process to provincial level. And what this therefore means is that no application shall be entertained at the ministry of Home Affairs Headquarters and not even the Zambia Police Headquarters. All the prospecting candidates are therefore requested to submit their application letters to the office of the Zambia Police Service Provincial Commissioners in all the 10 provinces. This is to accord a chance to all prospecting applicants countrywide, the Provincial Commissioners are directed to receive the application forms from all the districts in their respective provinces.”

He further said government has noted with concern assertions that the recruitment of security personnel was not transparent.
“It is in this regard that the Zambia Police Service has made the exercise transparent, accountable and accessible by all eligible candidates from all the provinces. It is important for all prospecting candidates to understand that the recruitment process will be merit based. No one should think that by running to Lusaka chances of being recruited are widened,” he said.

Mr Kampyongo also assured the general public that the Service will follow the requirements as stipulated in the adverts, and that candidates should follow the procedures provided.
He stressed that all the application letters submitted to the Ministry of Home Affairs or the Zambia Police Headquarters will not be entertained.

The minister also mentioned that the recruitment will ensure that there is gender balance and inclusiveness.

Meanwhile, Mr Kampyongo also condemned the violence that happened on Friday as the country commemorated Youth Day.
He said political leaders must take responsibility and discipline their cadres and that police will not entertain political violence

CIC PRESS TEAM

VERNON Mwaanga says the bitterness and hatred he hears and sees among politicians makes him cringe.

He regrets that, “we have far too many reluctant democrats in high government and party positions, who are confused and who don’t seem to understand their roles in our hard won democratic dispensation”.

The veteran politician and freedom fighter said in a statement on the occasion of “My freedom day”, that history has taught people that every democratic government needs the stimulus of criticism to perform better.

Mwaanga said opposition political parties were supposed to serve as a channel for people’s discount.

“Experience has shown that this obviates the need to resort to outdated extra-constitutional measures, which don’t fit into modern Africa anymore. Looking at what is happening in the mature, progressive and stable democracies, they recognise the need for a stable opposition,” he said. “A free press is another essential hedge against abuse of power and rampant corruption, which has become a pandemic. The press needs more room in order to perform their duty of informing, educating and entertaining members of the public, while focusing on providing checks and balances to the government of the day and the political system as a whole.”

He said freedom and development were as completely linked together, as were chickens and eggs.

Mwaanga said without freedom, no one can get development.

“Without democracy, you sooner rather than later lose your freedom. Firstly, there is national freedom, which gives citizens the right to govern themselves and to choose their preferred leaders, without interference from their opponents or outsiders. Second, there is freedom from hunger, poverty and disease,” he said. “Thirdly, there is personal freedom for all of us as individuals, which gives us the right to live in peace and dignity with all others. We also have a right to freedom of speech, freedom to participate in making decisions, which affect our lives and freedom from arbitrary arrest, only because one utters words which annoy someone in authority.”

Mwaanga said to fully understand the depth of freedom of citizens, there was need for enlightened leadership.

He said leadership does not mean throwing weight around.

Mwaanga said it does not mean shouting at people and using state power and institutions to abuse them, “simply because they express a different view from yours”.

“As a people, we must learn the discipline of accepting the freedom of others to speak freely, without fear of intimidation, abuse and arbitrary arrest, for expressing contrary views. In genuinely democratic societies, the minority have a right to be heard without fear of retribution be it in parliament, city, town and district councils or as individual citizens. They should be defeated through sound arguments and not by threats or intimidation,” he said.

Mwaanga said in a democracy, both the governing parties and the opposition, must learn to tolerate each other’s views even when they disagree.

He said it should not be a question of treating each other as enemies, but mere opponents.

“A muzzled or emasculated press is a charge to freedom of expression and does the government of the day a great disservice. My freedom as an individual, should not interfere with the freedom of others. Regrettably, we have far too many reluctant democrats in high government and party positions, who are confused and who don’t seem to understand their roles in our hard won democratic dispensation,” Mwaanga said.

He said some of them think that splashing and dishing out K100 notes to an impoverished population was the way to end poverty.

“This is too simplistic and pedestrian an approach. Development is about people. It is about making sure that people have jobs, food, affordable public transport systems, shelter, clean water, sound infrastructure by way of good roads, good medical facilities with medicine in their pharmacies, and clinics, a good education system and a growing national economy,” said Mwaanga. “Political service is not supposed to be about self. It is about serving the people faithfully and with integrity. It is not about self-enrichment. A threat to freedom anywhere, is a threat to freedom everywhere. Let us not forget the millions of people who have never known freedom, because they are victims of human trafficking, who are still being kept as slaves in this 21st century. They are part of our common humanity. We should also remember the innocent men, women and children who are living in deplorable conditions of senseless wars. My heart goes out to all of them.”

OF GRADE 12 CERTIFICATE: ANOTHER PERSPECTIVE.

By Mwamba Peni II.
15/03/2021.

INTRODUCTION

As a point of departure, let me state that prior to the Constitutional amendments of 2016, there was no provision in the Constitution which required an aspiring Parliamentary Candidate to meet certain academic credentials in order to qualify to stand in an election. According to the committee selected to draft the Constitution, the rationale for coming up with minimum academic qualifications was to ensure that we have members of Parliament who are able to debate and make meaningful contributions to the proceedings as representatives of the people.

THE KABWE HIGH COURT INTERPRETATION OF WHAT CONSTITUTES A GRADE 12 IN 2016.

Following the provisions contained in Article 70 (i) (d), which requires a candidate aspiring to become a Member of Parliament to have a minimum academic qualification of a grade 12 School Certificate, one Sibongile Zulu went to the Kabwe High Court seeking an interpretation of said Article. In its ruling prior to the General Elections in 2016, the Kabwe High Court stated that a grade 12 Certificate included a School certificate; General Certificate of Education (GCE); or any academic qualification higher than a grade 12 Certificate.

Consequently, all those with no grade 12 certificate but went to Mongu or Mpika home Craft Schools qualified to be admitted as candidates in the 2016 General Elections. A few of them took advantage of the occurrence and registered for some online courses prior to the nomination date in an attempt to qualify to stand.

THE 10TH MARCH 2021 CONCOURT RULING.

In 2019, a losing candidate in the 2016 Lundazi Central Parliamentary elections Bizwayo Nkunika sued the winning candidate Lawrence Nyirenda and the Electoral commission of Zambia (ECL) on the basis that Mr. Nyirenda did not meet the minimum academic qualifications as provided for in Article 70 (i) (d) of the Republican Constitution.

In it’s ruling, on 10th March 2021, the ConCourt unanimously agreed that the Kabwe High misinterpreted the Constitution by including any tertiary certification as equipment to a grade 12. However, they could not agree on the implications of that on the winning candidate as two of them ConCourt judges submitted that the Lundazi seat should be declared vacant as the candidate did not initially meet the minimum academic requirements while three others (majority) stated although he did not meet the minimum academic qualifications, the seat could not be declared vacant because the Kabwe judgement was still in effect at the time the candidate was filling in his nomination as no one had challenged it until it was overturned by the ConCourt therefore the Law could not be applied retrospectively.

WHAT CONSTITUTES A GRADE 12 CERTIFICATE ACCORDING TO THE CONCOURT RULING OF MARCH 10, 2021?

Although the common name used for a minimum qualification is a grade 12 certificate, its official name is “School Certificate.” And a School Certificate is obtained when you have studied for twelve continuous years, obtaining a grade nine certificate in the process, then you fulfil the following conditions after sitting for your final examinations:

(i). When you pass in at least six (6) subjects, including English, and one of which is graded as credit or better; or,

(ii). When you obtain a pass in at least five (5) subjects, including English, two of which must be graded as credit or better.

WHAT IS EQUIVALENT TO A GRADE 12 CERTIFICATE? DOES THAT INCLUDE GENERAL CERTIFICATE OF EDUCATION (GCE).

According to the ConCourt, an equivalent to a grade 12 means “qualifications that are comparable in value, amount, meaning and functions and are neither inferior nor superior to a School Certificate.” Meaning, a Matric certificate offered in South Africa, the General Certificate of Secondary Education (GCSE offered in Britain or any School Certificate offered in any country at the end of your Senior Secondary School is equivalent to a School Certificate.

And as for the General Certificate of Education (GCE) offered in Zambia, one doesn’t need to be in School for 12 years to get one nor do they need to write eight subjects. One can get a GCE even with one subject. However, for it to qualify to be equivalent to a School Certificate, you must meet the requirements for a School Certificate which are:

(i). Pass in at least six (6) subjects, including English, and one of which should be graded as credit or better; or,

(ii). Pass in at least five (5) subjects, including English, two of which must be graded as credits or better.

CONCLUSION
The spirit of the framers of the Constitution for coming up with minimum academic qualification for one to qualify to stand as a member of Parliament was to ensure that Parliament has members who are able to debate and make meaningful contributions to the proceedings as representatives of the masses. Therefore, it will be unfair to disqualify a form three product of UNIP education because they do not have a School Certificate or its equivalent and accept a School Certificate holder from the current standard of education, which is not as good as the past one, who can’t speak or write the official language properly.

In a country where education from grade one to University is not free, coupled with the challenges we have in the sector, its discriminatory and a contradiction to come up with such a constitutional provision given that the majority of our people do not have a School Certificate or its equivalent. Parliament is a legislative organ of Government even those with School Certificates do not understand the implications of certain clauses contained in those pieces of Legislation they discuss on the floor of the house otherwise they would not have passed some of the provisions in the current Constitution given the implications of some of the landmark judgments that have so far been passed by the ConCourt.

In order for us to have both equitable and fair representation in Parliament, its composition should reflect the social stratums of our country i.e more young people and women in decision making positions. For me, and from my experience in facilitating the drafting process for several years, you need language proficiency more than a School Certificate to qualify to stand as a member of Parliament. Moreover, since the legislative proceedings are so technical that even those with PhD’s or some lawyers with no drafting training have challenges in understanding the implications of certain clauses, may be we should spend more time discussing how to restructure Parliament and thereby provide experts in drafting, Public Finance, Procurement, Economics, Tax and researchers to the office of the member of Parliament as the case is in the Congress of the United States.

MUMBWA UPND member of parliament has told youths in his constituency to start campaigning and, where necessary, to sleep in the bush, until Hakainde Hichilema forms government in August this year.

Nanjuwa says he has unresolved issues with PF but “it won’t be about fighting them back. All I want is to see all PF candidates in Mumbwa get zero votes. I want Edgar Lungu to get zero votes”.

He was speaking during the Mumbwa Constituency youth campaign launch for UPND leader Hichilema at Madalitso Lodge in Mumbwa on youth day.

The event, spiced by songs, was attended by hundreds of youths.

Nanjuwa thanked the constituency UPND youth chairman Teddy Mpolo for mobilising the crowd.

He reminded the cheering crowd that the PF government opened a Zesco sub-station within Mumbwa but that no local person had been contracted to do anything at the out-of-town facility.

“They have opened a mine in Lwili area within Mumbwa. But no youth from this area has been employed at the mine. Are we going to be an area of industries that employ no local person?” he wondered. “So, this PF should be voted out and we want to usher in Hakainde Hichilema. Every youth should woo 15 other people or more. On polling day, ensure that you go to vote with those people that you are going to convince.”

Nanjuwa emphasised that young people in Mumbwa should go to vote for Hichilema because: “the PF has failed us.”

He also talked about his recent attack by PF “thugs” on Lusaka’s Freedom Way, who stole money and a phone from him.

“So, I have unresolved issues with ba PF but it won’t be about fighting them back. All I want is to see all PF candidates in Mumbwa get zero votes. I want Edgar Lungu to get zero votes!” Nanjuwa declared. “And go and tell your relatives, especially youths, who are supporting the PF to think twice. Do they want their relative in me to be attacked by PF thugs in Lusaka? For that attack on me, PF candidates will receive no votes here.”

Nanjuwa, a UPND national management committee (NMC) member, was however, quick to request young people not to be engaging in violence of any kind.

“Peacefully convince those who wear green attire (PF supporters) to come and join the UPND,” urged Nanjuwa, stressing that people in Mumbwa should go to vote for all UPND candidates in councillors, council chairman, member of parliament and Hichilema. “I declare that the HH 2021 youth campaign is officially launched. From today, we are going to campaign, we are going to sleep in the bush, where possible, until Hakainde Hichilema forms government.”

Malupenga takes journalists ‘protest’ to Police Headquarters

IN the face of rising attacks on media houses by political party cadres, Information and Broadcasting Services permanent secretary Amos Malupenga on Friday took the protest to Lusaka Police Headquarters demanding increased protection of journalists.

Malupenga held up a placard with the words “TOP COP PLEASE PROTECT OUR JOURNALISTS” before handing it to Deputy Inspector General of Police for administration Richard Mweene who was standing in for Inspector General Kakoma Kanganja.

Malupenga told Mweene that the Ministry of information had been receiving calls from people who wanted to know what it was doing for the protection of journalists.

He explained that the government stood for free press and a safe working environment for journalists but was saddened with attacks on journalists and media houses.

Malupenga said his visit to the Police Headquarters was to petition police to protect journalists especially since President Edgar Lungu had already assured them of protection.
He said journalists had become vulnerable especially as the country heads towards general elections in August.

“Journalists are more vulnerable towards elections because of the nature of their job. I came here to Police Headquarters to lodge in a complaint on their behalf. I have been receiving numerous calls about what the ministry is doing with regards to their safety. The Head of State has made his stance clear on this matter and the onus is on Police,” Malupenga said.

Also present at the “protest” was Media Institute of Southern Africa Zambian chapter chairperson Hellen Mwale.

“The environment has become unbearable for journalists to operate in. journalists are failing to do their work freely because there hasn’t been any assurance from police that their safety will be guaranteed,” Mwale told Mweene.

Responding to the petition, Mweene flashed a placard of his own with the words “THE ONUS TO PROTECT JOURNALISTS AND THE REST OF THE PEOPLE IS ON US THE ZAMBIA POLICE”.

He said the Zambia Police Service still needs to “pull up its socks” in winning back public confidence.

Mweene said the police had no excuse failing to perform the duties when the Commander-in-Chief was on record ordering them to do their job.

He pledged to double police efforts to protect journalists.

Mweene said the police service values the role of journalists in exposing crime hence the need to protect them.

“We will have a series of seminars with journalists and come up with strategies of how we will protect them. We also want to hear their challenges so that we incorporate best strategies of how to protect them,” he said.

Mweene further announced that police had arrested four people from among a group of PF cadres who attacked Chete FM in Nakonde on March 10. He said police followed up the matter the following day and managed to arrest the suspects who are currently detained and would appear in court charged with assault.

Mweene claimed the Zambia Police was not afraid of cadres, noting that the service had arrested cadres regardless of their affiliation.

“Police would like to warn those that would want to abrogate provisions of the law with impunity that they risk being arrested and prosecuted. Zambia is a democratic country.

All persons and groupings should be allowed to express their views freely,” he said.

Recently Zambia Union of Journalists (ZUJ) representatives expressed concern with the safety of journalists when they paid a courtesy call on President Lungu at State house.

The President assured journalists that the State would not allow anyone to harass them in the execution of their duties.

Kalemba

CONSTITUTIONAL lawyer John Sangwa says the Zambian Constitution has been abused and breached on so many occasions without consequences to perpetrators, a situation that he says must not be allowed to continue.

And Sangwa says President Edgar Lungu was illegally sworn into office in 2016 because the Constitutional Court did not declare his election valid after the presidential petition and further because he was not sworn in by either the Chief Justice or the deputy Chief Justice.

In an interview with News Diggers! Sangwa listed instances when the Constitution has been violated by those who are supposed to protect it, adding that allowing President Lungu to contest the August elections will be another added illegality.

“The Constitution must be taken seriously, It is not just for those who are vying for office of the President but also by the Constitutional Court itself. We cannot go on making mistakes or ignoring what the Constitution says. For instance Lungu was sworn into office on the 13th of September 2016 in violation of the Constitution. When the petition was filed challenging his election, the Constitutional Court misbehaved, disregarded the Constitution. There is no provision in the Constitution to dismiss an election petition. People say the petitioners ran out of time, that 14 days period of time is for the courts to do its job not the petitioners. The petitioner only has seven days in which to challenge the election. When a petition is filed, the legal obligation passes over to the Constitutional Court which must hear that petition within 14 days. After that period elapses, there is no provision to dismiss the petition. Whether someone has done their petition correctly or wrongly the court must decide within 14 days if the petition does not make sense, they should go ahead and declare the election of the president-elect valid. Article 101(6) states that: ‘The Constitutional Court may, after hearing an election petition— (a) declare the election of the presidential candidate valid; (b) nullify the election of the presidential candidate; or (c) disqualify the presidential candidate from being a candidate in the second ballot. But that was not done, the ConCourt never declared Mr Lungu’s election valid or that he was duly elected. These are the mistakes the Constitutional Court made,” Sangwa explained.

When asked if the declaration of the returning officer from the Electoral Commission of Zambia did not count, Sangwa said not after an election petition.

“It is not the job of the returning officer to determine who was duly elected after a petition is filed. So what happens is that, the moment there is a petition that has been filed, that declaration gets nullified, it means you cannot be sworn in as duly elected president until the Court says so. And that is what I am saying was not done. So the fact that the petition was not decided, it was not the failure of the petitioner, it was the failure of the court. The court failed to do its job within 14 days, not the petitioners. In this case, the court would have been properly in order to say ‘guys ‘we have seen your documents, we have not found merit in it, your petition is dismissed. We therefore declare that this man was validly elected’, or they can say ‘this man was not validly elected. We therefore, nullify his election’, in which case you are going to have a fresh election within 30 days. If you declare that he was validly elected the next thing is to have that person sworn into office by the Chief Justice or the Deputy Chief Justice. These things never happened, okay? Now, I am saying we can’t go on ignoring what the Constitution states. It is illegal, the man assumed office illegally in violation of the Constitution,” he said.

He added that people were ignoring the provisions in article 106 of the Constitution because they had already gotten away with previously breaching the Constitution.

“Because of these illegal acts which have been tolerated, that is why people can still push this in the face of very clear provisions of the Constitution in article 106(3), which says ‘A person who has twice held office as President is not eligible for election as President.’ They can still claim that somebody qualifies. Why? Because they have gotten away with previous breaches of the Constitution. Another mistake made is on the Speaker of the National Assembly. In Article 104(3) the Constitution states: ‘Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to—(a) make an appointment; or (b) dissolve the National Assembly’. Again this was not done. This was another illegality! Even after that, in Article 105(1), the law says: ‘The President-elect shall assume office after being sworn in by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.’ But Mr Lungu was not sworn in by either of the two. That is another illegality that people got away with,” he said.

Asked why he felt the Chief Justice and the Deputy Chief Justice did not swear in President Lungu, Sangwa said they probably new that there was a mistake that had been committed by the Constitutional Court.

“So you can ask why wasn’t he sworn into office by the Chief Justice or the Deputy Chief Justice? The Oath should have been read to the President by the Chief Justice or Deputy Chief Justice. That is what the law says, but they couldn’t because in the first place the ConCourt did not declare Mr Lungu validly elected, so they knew there was a problem, that’s why they did not do it and instead, a registrar was given the responsibility to swear in the President-elect. That is totally illegal, it is another breach of the Constitution, you can’t do that. So the point I am making is that these issues are not partisan issues, these are national issues that require sober minds to debate, not to be emotional. That is why we need to get it right, we need to learn from our mistakes that happened, the Constitutional Court itself, it should learn from its mistakes,” Sangwa explained.

And Sangwa said the Constitutional Court also misbehaved in the Danny Pule case, which he said was another illegality.

“The Constitutional Court misbehaved in the Danny Pule case. How? The Constitution Court was asked two questions, what did they do? They restated one question and said ‘we will not answer that question, but instead this is the question you should ask’. The court has no authority to restate a question put to it. The court is independent and impartial. If you submit a silly question, the court will answer that silly question. It is not the job of the court to advise you how your question ought to have been framed. You can’t turn around to say ‘actually this question is a wrong question, the right question you should be asking is this one’. That has never been the job of the court. The problem is that the moment you do that, you are helping one side, you are favouring one side which is never the function of the court,” argued Sangwa.

“I am not suggesting that the court is a robot, if the court is convinced that there is a problem with the way the words have been framed it may restate the question but the parties must agree with the restated question. Then if the parties have agreed, the parties will address the court on the reframed question. The court has no power to reframe the question itself and answer it. The court cannot volunteer an issue, which is what happened in this case. These are the challenges we continue to have. I challenge any lawyer to read through because what happened in this case, the question they answered, we never addressed the court on that issue. Nobody asked whether the period between January 2015 and September 2016 amounted to a full term of office, nobody asked that question. In any case it was a moot issue, the real issue was whether President Lungu qualified after he finishes his term in 2021, will he be eligible to contest again, that was the issue which they refused to answer. And they were right to refuse to answer that question because Mr Lungu was not before court”.

Credit: News Diggers

Political Analyst Sishuwa Sishuwa has predicted that President Edgar Lungu will stay in office after August polls because she will rig the election.

Dr Sishuwa also warned Zambians to prepare for another tough five years under President Lungu.

In a series of tweets, Dr Sishuwa declared that President Lungu will win the election but he will not do so democratically.

“I am calling the 12 August General Election. First, Lungu will be on the ballot for a third term because of the ConCourt. Second, he will “win” the election because of the dubious voters’ register,” Dr Sishuwa said.

“Zambia, brace yourself for a minimum of 5 more years of this terrible NIGHTMARE! I see a lot of wishful thinking about Lungu’s term coming to an end in August and an opposition victory in the elections. This wave of optimism is detached from reality. I do not see Lungu being removed from Government through an election. Certainly not an election that he controls,” Dr Sishuwa said.

“If a sitting president is able to both rig an election and control the Constitutional Court, it is hard to see how he or she can ever be voted out of office. It will take a miracle for the current electoral system to deliver a loss for Lungu,” he said.

Dr Sishuwa added, “There are two institutions that can stop him: the PF or veiled threats from the military. Or massive urban riots after results come out, though protesters will face a well equipped police force.”

Dr Sishuwa said many even in the PF want President Lungu to go.

“The last five years have shown us that he is not a bad leader. He is simply not a leader. But those in PF, who can get rid of him, are unlikely to complain if he does whatever it takes to retain power and help them keep their jobs.”

“Lungu’s determination to remain in office rests on two reasons. The first is fear of prosecution. He is already facing questions about the sources of his newfound wealth. Possible prosecution for corruption, embezzlement or criminal misuse of power cannot be far from his mind.”

“The solution, in his view, is to remain in power for as long as possible or until a pliant successor can be installed. In fact, Lungu might already be thinking about changing the constitution to either extend the number of terms permissible or abolish term limits altogether,” Dr Sishuwa said.

“A second reason Lungu may be so unwilling to leave office is that he is beholden to the business and political interests of certain individuals that contributed to his rise. This group is fearful of what might happen if Lungu steps down.”

He added, “This group is fearful of what might happen if Lungu steps down. So, in seeking another term at all costs, the president is not speaking for himself alone.

Dr Sishuwa charged that President Lungu does not qualify to stand for a third term but that he does not expect the ConCourt to confirm this position.

“All considered, Lungu cannot win a clean election. No wonder they created that register.”

He said, “It is possible that the prospect of Lungu’s continued rule is so depressing for many people that they do not want to consider it and so indulge in a kind of fantasy politics whereby he is defeated in a democratic election. Wishful thinking. No election will evict Lungu from Govt!”

“I may be accused of being defeatist for pointing out the likely, dubiously secured, outcome but I think it is important to warn people of what is coming in advance, and to help them prepare an effective response to “What is to be done? How do we wake up from this nightmare?”
-Lusaka Times

Tolerance of police is not weakness, Don’t dare us IG tells political parties

Inspector General (IG) Police Kakoma Kanganja has warned political parties to desist from daring the Police.

Mr Kanganja reprimand political parties not to mistake the restrain and tolerance being exhibited by the Police for weakness.

The IG expressed disappointment with some members of named political parties who are taking the Police for granted by daring them.

Mr Kanganja said it is evident that some cadres are daring Police officers on duty by deliberately engaging in public misconduct.

The Inspector General’s comments follows the incident that occurred on the Copperbelt in Kitwe on the 12th of March 2021 were some cadres took to the streets and charged towards Police officers and began throwing stones at them resulting in some sustaining injuries.

“It is quite disappointing that some members of political parties have taken the restraint and tolerance being exhibited by Police officers for weakness.

“It is evident that some cadres are daring police officers on duty by engaging in public misconduct and in some instances attacking them and one such instance is what transpired on Friday, 12th March, 2021 on the Copperbelt in Kitwe where some cadres took to the streets and charged towards our police officers and began throwing stones at them resulting in some sustaining injuries.”

The IG has since warned political parties and the general public to desist from obstructing Police officers during there execution of duties.

He explained that obstructing Police officers is a serious criminal offence which is punishable by law.

“I am reminding political parties and the general public at large that assaulting , resisting or wilfully obstructing police officers in their due execution of duty is a serious criminal offence punishable by law,” He warned.

“What happend in Kitwe was a clear indication of schemes aimed at promoting break down in law and order under the guise of politicking which we shall not take lightly.”

Mr Kanganja stressed that Police officers have a constitutional duty to enforce Laws so as to safeguard public security and order in the country.

He said the Police officers should be given space to do their job without any obstruction.

“Police officers have a constitutional duty to enforce Laws to safeguard public security and order, therefore, they should be given space to do their job.”

Mr Kanganja said the Police will not tolerate the thuggery behaviour exhibited by politician cadres on the Copperbelt.

“Thuggery conduct such as the one exhibited by political cadres in Kitwe shall not be tolerated by my command and I want all those that were involved in the fracas to be dealt with accordingly,” He said.

The Inspector General has since instructed Police officers to remain firm and curb all forms of lawlessness.

“I further call on officers to remain firm on the ground and ensure that all forms of lawlessness is immediately thwarted by bringing to book all offenders .”

Police officers have been reminded to always carry with them policing equipment which government procured for them whenever they are on duty and use then when situations demand.

“Police officers are reminded to always carry with them policing equipment which government has procured for them such as long buton, handcuffs and teargas canisters whenever they are on duty and should use them when situations demand,” The IG stated.

The IG has advised political parties to tame their members and ensure that they engage in responsible and peaceful politics as stipulated in Article 60 (3) (b) of the Constitution as opposed to the exhibited thuggery behaviour.

Mr Kanganja has strongly warned political parties that the Police will not tolerate any person deliberately disregarding the provision of the law.

He said those found abrogating the law will be dealt with firmly in accordance with the law.

“The Zambia Police will not tolerate anyone that would deliberately disregard provisions of the law under the guise of politics and people should not complain of intimidation when officers react.

Those that would be found wanting would be dealt with firmly within the confines of the law.”

National Democratic Congress spokesperson Franklin Membe has advised Chishimba Kambwili to hang up his gloves to preserve his name.

In a statement, Membe said Kambwili’s attack on The Mast and two of the newspaper’s reporters makes very sad reading.

He said Kambwili’s action validates the people’s fear that he was not presidential material.

The NDC official said Kambwili’s attack on the newspaper and reporters Oliver Chisenga and Edwin Mbulo was worrying.

Kambwili threatened The Mast, Chisenga and Mbulo with unspecified action.

This followed a story written by Chisenga over the Copperbelt NDC leadership visiting interim party president Josephs Akafumba.

Kambwili accused The Mast and the two reporters of being part of a scheme that saw him removed by his own party following a disagreement over their involvement with the UPND Alliance.

However, Membe said Zambia enjoys constitutionally enshrined rights to freedom of expression and the press.

“Top leadership of NDC have for some time now been questioning the ability of CK [Kambwili] to superintendent over national issues. We had concluded in the affirmative that CK’s worth was only for campaign purposes. It is now very clear that my young brother cannot be president,” he said.

Membe, who is also NDC chairman for national planning and development, said the “MMD cadre spirit” of muzzling the press still hangs around Kambwili.

He said Zambia was a democracy and citizens must accept and protect the principles of freedom of conscience and expression.

Membe said the new NDC headed by its interim president Akafumba had a clear strategy on how to relate with the media.

“The acrimony of Kambwili that made him hound out The Post Newspaper was barbaric, undemocratic and ‘carderish’. NDC considers the media as development partners. That should remove the animosity that we see today between the state and the media. History has shown that picking up battles with the media is the easiest and fastest route to self-destruction,” he said.

Kambwili was information minister when The Post was closed in June 2016.

Membe advised Kambwili to step down now for posterity.

He said Kambwili’s name would be glorified for making such a magnanimous decision.

“The old man [Dr Kaunda] listened and had to forego two years to which he was totally entitled. I repeat this advice to my young brother and former president CK. Please hang up your gloves to preserve your name. I pray that you also advise your nephew I have respected till now not to make false accusations about me. I have never been convicted nor jailed in my life. I have a very good case for defamation of character for which I may not even need a lawyer to defend me because it’s straightforward. CK, Zambia needs your ‘Vuvuzela’ spirit. Don’t destroy yourself now, please. It’s too early,”Membe said.

Membe further said Kambwili was not yet ripe for the presidency.

“It’s time for HH [UPND leader Hakainde Hichilema] to grab the nation from the enemies of Zambia the ‘Unpatriotic Front’,” Membe said.

Membe said people’s memories wre still fresh of how Kambwili ran the Ministry of Information when The Post was being printed underground for fear of the ‘leopard’.

He recalled that Kambwili ordered cadres to vandalise all Post newspaper stands.

“This act destroyed people’s lives, especially workers, some of whom even lost their homes. We have for long expected that the ‘leopard’ will change its colours but alas! A leopard cannot change its colours. We were all wrong. When a leopard changes its colours, it ceases to be a leopard,” said Membe.

KITWE DISTRICT NOT INTIMIDATED BY PF’s POLICE ARRESTS AS THEY MOBILIZE IN CHATENTE WARD – ELVIS NKANA.
———————————–

After visiting the Youths who are still held by police in different police stations in the District, UPND Kitwe District Chairman Hon Elvis Nkandu visited Kwacha’s Chatente Ward in the company of his District Management Committee.

Addressing the residents of Chatente Ward this afternoon, Mr Nkandu said the Party will not be intimidated to do it’s Constitutional right in the District and that members should continue mobilising to grow the numbers.

Hon Nkandu encouraged the residents of Chatente who lamented to him on poor road network, poor agriculture policies by the PF Government and that the area had no Schools and Clinics.

Mr Nkandu told the residents that August 12 was their date to free themselves from PF faluires. He said that the UPND and President Hakainde Hichilema who is a farmer knew that Chatente Ward is a farming area and that people lived on farm produce.

Hon Nkandu explained to the people of Chatente Ward that the UPND Government will transform the Agriculture sector by focusing on improved productivity and value-addition through enhancing the distribution and timely delivery of fertilizers and seeds to all the farmers in the Ward.

Hon Nkandu stated that the UPND under President Hakainde Hichilema will ensure improved extension services to improve yields and crop diversification for better income to Chatente farmers. The Kitwe District Chairman also said his Government will look into the road network so that Chatente Ward farmers will be able to transport their produce easily to the available markets. Mr Elvis Nkandu also promised Chatente farmers that under the UPND, the DRC Market will be opened up for them and not just Ministers and Cadres as the current situation is under the failed PF Government. He said this will also reduce food prices significantly by making food accessible to all.

Hon Nkandu stated that all this will be possible if residents of Chatente worked together to campaign and vote for President Hakainde Hichilema and the UPND Government on 12th August in just 150 days from now.

He said the tricks by PF to remain in power through the use of public institutions will not work as dictatorial tendencies will not be allowed. He said Zambians should not allow one party state and any form of dectatorial tendencies. This reminds us of a great man Victor Hugo who said *”when Dictatorship is a fact, revolution becomes a right”*. Fidel Castro also said, *the revolution is a Dictatorship of the exploited.* Further we still get some motivation from the words of Fidel Castro who said *”something must be done to save humanity and that a better Word is possible”.* To Chatente and the whole Zambia we say despite the current PF intimidations, a better Zambia is possible and that better Zambia must come on the 12th of August 2021.

Lastly allow us to leave every Zambian and all those Police Officers who are being used by the PF Government with the quote from our President Hakainde Hichilema who said *”the difference between PF and UPND is what we bring to the table, knowledge of financial markets and economics, we are business people. We understand the economy, this economy is broken”.* Since the economy is broken, let’s hire an economist to work on it. That economist is President Hakainde Hichilema.

*Issued by*
SAM MWIKISA
KITWE DISTRICT UPND MEDIA MEMBER

By David Zulu.

President Frederick Chiluba moved his MPs through the arrogance of numbers to create a special law that was specifically designed to deal with a man the MMD leader allegedly perceived as having an intimate relationship with the First Lady.

And thus a bill that advocated car theft as a non bailabale offence was passed into law. As typical of African Presidents that are so saturated with a notion that power lasts forever, Chiluba instructed his Inspector General of Police Silas Ngangula to fix a car theft case against Archie Mactribouy, a young Tonga bull of mixed race, who allegedly tasted the Big man’s forbidden apple. It is strongly rumoured, that the lock up didn’t satisfy Chiluba and in tit for tat, went for Archie’s wife’s ‘niinzi’, as her beleaguered husband was rotting in jail. But that’s a story for another day.

Zambia is not unfamiliar with such bizarre events where an entire Parliament can pass a law to fix one individual, a rat. Can you imagine for once that the British House of Lords or the American Congress can pass a law to fix a duck. That would be duck tales, isn’t it? But this is Africa mate!

The PF will say whatever they want to say under the sun,.but the fact of the matter is that the cybercrime bill has been been designed to capture Koswe, an online publication that has chosen to tell the nation the truth…in a satirical style that is incomparable to no other news column. We heard MPs hissing in parliament behind unmuted microphones how ‘this law is meant for Koswe and Watchdog’. So I am simply stating a word for word description of what a PF MP, who’s a lawyer said in parliamentary preliminary debates over the Cybercrime bill that awaits a Presidential ascent.

Haman made a law against a Jew, Mordecai who he hated with pathological passion (sounds familiar?), to an extent where he had gallows constructed for him, which gallows finally consumed him..Hate is like that, it sets out gallows that finally devour you. The grade 12 full certificate law was designed to stop GBM from qualifying as running mate of Hakainde Hichilema, but the trap they set for one man now affects a lot of them, including GBM.

By Lusenga Mulongoti

After the Judge Dominic Sichinga judgment in 2016 which created a loophole for those with a college certificate to be able to contest Parliamentary or Local Government elective positions we all thought the matter was settled. Alas, the Constitutional Court judgment of March 2021 in the Nkunika petition has brought this Grade 12 qualification back to haunt all those who do not have a full Grade 12 certificate.

What the Constitutional Court judgment has effectively done is to quash the loophole in the Judge Sichinga judgment which allowed those with questionable certificates such as craft certificates in bricklaying or a diploma certificate in business management from an internet college from being eligible to stand as a candidate to be elected as an MP or Mayor or Councillor or Council Chairperson.

In simple layman terms, the judgment is saying that a Grade 12 certificate as prescribed by the Republican Constitution is simply that. The judgment has further clarified that a college certificate or any higher academic qualification can not substitute a full Grade 12 certificate. In other words, my interpretation, a person can not and should not obtain a higher qualification certificate without having passed and obtaining a full Grade 12 certificate. It is for this reason that any properly constituted and registered college or university does not admit a person as a student for any training program if that person does not possess a full Grade 12 certificate from a recognised secondary school or college.

The implications of this judgment should never be underestimated by anyone or any political party seeking to participate in the forthcoming General Elections in August 2021.
As political parties start the process of adopting candidates for various positions they need to comply strictly with this judgment on the Grade 12 certificate. Any party which will ignore this judgment will find itself with no candidate after nominations in May 2021 and it will be too late as once the Electoral Commission of Zambia has rejected your nomination there is no room for a second bite at the cherry.

It’s bye bye to all those current MPs and Councillors who got elected in 2016 with a college certificate but they don’t possess a full Grade 12 certificate.

As usual I have written this simplified explanation as a public service to those Zambians who are always confused about things and issues of national importance.

#GodIsNotSilent 🇿🇲

PRIMITIVE AND INTELLECTUALLY BANKRUPT PEOPLE ISSUE THREATS INSTEAD OF DEBATING IDEAS – SANGWA

It’s only primitive and intellectually bankrupt people who issue threats instead of debating ideas, says State Counsel John Sangwa

Speaking with Daily Revelation, Sangwa said as long as he remains alive, he will file the petition to challenge President Edgar Lungu, should he dare file in his nominations to stand in the 2021 general elections.

“As long as we are breathing. As long as I am alive I will file that petition…we need to debate these issues. Ones eligibility to contest a presidential election is a national issue. It’s a constitutional issue which concerns everybody. We need to debate it. Zambia is not a dictatorship,” Sangwa said. “You build a country on ideas not threats. It’s only primitive people, intellectually bankrupt people who issue threats. Anybody else who is intellectually sound should debate with you on an intellectual basis, not threats.”

Sangwa insisted that the constitution empowered every Zambian to challenge ones nomination for elective position.

“We will do it as long as we remain alive, we will do it…threats or no threats we will do it. Because they should be reminded that when they were amending provisions of the constitution what did they expect?” Sangwa said. “Threats or no threats we will do it. Nobody owns this country. We collectively own this country. If Zambia was your personal property then that’s fine, you would have the right to threaten people. But we have laws and we are simply following laws.”

Sangwa said it was not up to those in the ruling party to decide whether President Lungu was eligible, as this was something the courts should decide upon, in view of Article 53 of the Republican constitution.

He further said it was not his duty to advise the ruling party on the President’s eligibility.

“If at all they haven’t obtained a brief already they should try and get independent legal opinions…it’s not my job to advise them. (But) it’s my responsibility to defend the constitution and that’s what I am going to do,” Sangwa said. “We saw it in 2016 they gambled. There were ministers who remained in office. They were lied to to say they are entitled to remain in office. What happened? The court overruled and they had to pay the money. So if they take a gamble and it results in them being without a presidential candidate that’s their own problem.”

Sangwa said if those in the PF believed that the issue was settled, that was their right, but those who believe that the matter was not settled should should be left to challenge the issue without being threatened.

Credits: Daily Revelation.

By Michael Zulu.

TANKER EMPOWERMENT A DEJAVU OF 2016 YOUTH BUSES BUT A MISTAKE AS YOUTHS FEEL INSULTED

The PF efforts to take care of the livelihood of many Zambians has always been appreciated by many. But these efforts at times are misplaced and untimely because they come only during elections time. On a sad note us that Zambians have moved on now and can no longer be cheated by a sing or empowerment perceived to be an election agenda.

In 2016 just before elections of this 5 years term, the government bought Higer buses which were said to be for youth empowerment. I’m not sure what was the cost for each bus and what criteria was used to award the buses to youths but certainly i can mention that those buses ended in PF cadres hands. As of today, no one can even mention or trace where those buses are, what impact they made etc.

In 2015 President Lungu at Mulungushi Conference with Vincent Mwale as Minister of youths and sports, he launched 500,000,000 jobs for the youths but 2016. This never happened. All now we see are several youths in streets betting in bola bets and other illicit acts.
Not to mean they have no plans but there is no job creation, no business opportunities.

In 2020, a youth empowerment fund of 30million was launched and we all know where the money landed in the hands of PF musicians and cadres. Suddenly PF youths are flash cash money in kwacha and dollars everyday in streets. So each youth empowerment which is launched we all know the beneficiaries who are not intended youths but political party cadres.

As for me, the biggest empowerment as at now is currency strengthening. Reduce the exchange rate gap between foreign currencies and kwacha then more youths will have a lifeline empowerment. The cost of doing business will reduce, the cost of living will reduce, even if there is no employment, youths will be able to sustain themselves. For now am very sure the life standards of all will improve. These tanker trucks will yield nothing but more hate from youths just like the empowerment fund has done. Youths are bitter now that no amount of song or lie will woo them. Try notice how youths mind their own business then you will realise youths have surely moved on.

Fuel tankers , how will it empower youths in all angles of this country, knowing our country it’s all about connection and alot of youths are being forced to work in different network agent booth where they waste their time due to lack of capital.

The other way to empower youths in this country is through education sectors, too much graduate in societies junking around (no eployment)

Misplaced priority, people are donating money to help those in need of specialized treatment but you choose to buy tankers for cadres who will just misuse them like they did to buses, this money should have bought cancer equipments in hospitals so that patients with cancer can be treated at a reasonable fee. It is very annoying and a serious embarrassment that the responsibility of the government is coming back to us citizens contributing money to help our brothers and sisters who can not afford to pay hospital bills and certainly seeing the President saying I have donated to take care of such a patient hospital bills.

I Just Hope This One Will Not End Up As Another Failed Project For Younth Empowerment Programme..I Trust Serious Lessons Have Being Drawn And Leant From Empowerment Programme Where Buses Where Given Out,todate I Can’t See One Transacting Our Roads.They Are All Gone And No One Knows What Happened To Them.

Youths need much more strategic help than handouts during elections.
I hope PF has learnt from RB who confessed that MMD did everything to retain power but Zambians voted otherwise.

Michael

By Pamela Bwembya

I was led to believe Antonio Mwanza’s main reason for choosing to work with ECL instead of Mama Nawakwi was because the gentleman saw no future whatsoever in hanging around our mother. It appears, on 20th January, 2018, it finally dawned on Antonio that his children were growing old, and so were their needs. The PF-induced economic underperformance was not sparing anyone from opposition parties that tried to speak against PF misrule like Antonio and ba Mama Nawakwi used to. While this was happening, HH seemed untouched financially. The best those in power could try to do was search for reasons to lock him up and throw away the key. Earlier attempts to break him psychologically or physically failed miserably.

It is true that there are many ways to skin a cat, but in our case the real culprit that requires skinning in many ways is not a cat but a rat. Antonio had a big reception, yet his former boss did not require a public defection to start partaking of whatever the rats were enjoying. With bated breath, I waited for the two to start attacking each other after finally finding themselves on opposing sides. That was not to be; instead, their voices got louder in the same direction. How could someone who has never been in government become the perfect Aunt Sally for all those that had failed to make a notable dent in the fight against PF misrule?

Step back and look at those that try very hard to paint HH black. Think of some of the shameful things they have done. If they were to trade places with Hakainde Hichilema for a single day, would they survive their adulterous and criminal past? When all else fails the poor citizen should not rule because of his tribe! Com’on we can do better than that. Of course he is not a saint but he is many times more principled than those who only threaten to side with the people when their personal interests are threatened.

On 11th March, 2013, the then Zambian President Michael Sata surprised the nation by waving a private citizens bank statement to the world. The President believed HH had possibly stolen public funds. The K360 million or $67 million was too much to be genuinely acquired wealth. Of course the Dollar was only at ZMW5,40 rebased then. Please allow me to digress a little; I have always wondered why ZMK became ZMW. My mind tells me it’s probably because of a little symbol my elder sister and her friends used to depict sex when we were young. They would put a capital M on top of a capital W. I think whoever assigns these codes knew a nation was about to be f#cked! I think that is how the M found itself next to the W. As we speak the M is on top of the W.

Honestly, how possible was it for a person that never worked or served in government to steal such colossal amounts from the state without a single shushu raising an eyebrow and whispering something to the political leaders of the time? HH could have only pulled such a stunt if he had collaborators in government. Edith Nawakwi was Minister of Finance from 1998 to 1999 before being transferred to the Ministry of Labour by FTJ. I know for sure that Edith and HH owned neighboring smallholding lots in Lusaka West were they tried to outdo each other in nation-building agricultural enterprises. Those days Nawakwi was the better and richer of the two. Paprika was the in crop those days. HH tried Paprika, inkoko shama loan, and mushrooms in a small barn that revealed his rare tenacity. Could the two have been in some schemes that left one of them with immense bitterness against the other?

HH had a white 10 ton Leyland truck and a beige Toyota Hilux double cab. The truck was used to ferry young animals from Southern Province (Kalomo I believe) to a newly acquired farm in Chisamba. Talk about foresight, the man did this religiously knowing very well that animals grow and multiply when taken care of. The man was still CEO of Grant Thornton Zambia. Around that time the man had ordered a black Nissan Safari and a 7 ton tipper truck from the UK for himself.

I believe the 7 litre Nissan Safari was meant to take the place of horses for the Zambian cowboy.

When the two vehicles arrived, the man wasted no time to run adverts in the Zambia Daily Mail and the Times for Sand and crushed stone deliveries around Lusaka. His little girl, Miyanda (Mimi), was then in Kindergarten at a school in Rhodes Park. He already had his Serval Rd house but was building a house on the Woodlands end of Burma Road and another on Mutende Road. Contrary to popular belief, the man built most of his early houses.

The interesting part of current debates is how the debates are no longer about how HH made his money but about how he used his legally generated wealth. This is one aspect citizens fail to see. The Mosi O Tunya hotel and Pheluna issues are not about HH stealing somebody’s property, NO! They are about someone using his legally earned wealth to acquire more property or assets which end up making the local investor even richer. Some of the accusations are about disadvantaging a family somewhere despite the “disadvantaged” clearing the air on how things happened.

I shudder when I think of how things will turn out when the efforts that have been made towards denying HH a chance to aspire for political office are finally turned on the real culprits. Zambia will always have a lot of ba mushanina bwali. Should we honestly expect some of our political petty (I didn’t say political party) leaders to finally start going door to door looking for gainful employment after Zambians finally rise up to take back their country this August?

For your own information, had HH been wanting on tax returns, he would have been penniless years back. Some of the people making noise about HH have been in government for a long time with possibly few tax trails to leave them unscathed when the wheels of justice finally starts grinding slowly after them. The mushanina bwalis including the mosquito-like irritants are yet to squeal like human pigs again. It’s just a matter of time, they will make their apologies and start pretending to be useful to our justice system again.

For our current leaders, the issue will not be about how they used “legally” obtained wealth to amass more wealth, neither will it be about how they disadvantaged a family of willing buyers. It will be about how they illegally amassed wealth and bankrupted an entire nation.

I don’t know what it is about Hakainde Hichilema that forces people to go on wild hunts for hidden skeletons in his life. I always ask myself why and how governments have failed to find one case of adultery, or an impregnated auditor straight from college, or even a tax return that was forged. Are we not dealing with a very principled citizen who has become the target of unprincipled politicians in our country?

NONE OF US DESERVES TO BE HARASSED LIKE HAKAINDE HAS BEEN HARASSED OVER HIS DESIRE TO HELP PUT OUR COUNTRY BACK ON THE RAILS OF ECONOMIC DEVELOPMENT AGAIN.

PB…always in national interest.

By Dickson Jere

As lawyers, we use what we call “Canons of interpretation” to understand what the law is or ought to be. There are various canons we apply when faced with an interpretation of law.

The first and most used canon is called “literal interpretation” which simply means that you take the way the law reads without reading much into it. For example, minimum Grade 12 qualifications means just that – that is to say you must have full Grade 12 certificate to stand or its equivalent. What is equivalent in this case is the other qualifications similar to Grade 12. This may be Form 5 certificate of Zimbabwe or Matriculation Certificate of South Africa. These are equivalent to our Grade 12. Anything higher, as ConCourt rightly stated, is not equivalent to Grade 12. Literal interpretation.

You see, to enter ZIALE, you need to have LLB or Law Degree. But now ZIALE management insists that you first produce your Grade 12 before they look at your degree. Hence a good number of law degree holders have been chased from ZIALE. Show your minimum Qualifications first!

If the literal interpretation produces absurd results, you move to the next canon of interpretation. We call this “mischief rule” which seeks to go into the mind of parliamentarians when they passed the law. In this case, what was the mischief parliament intended to resolve. If the issue was that a Grade 12 would normally read and write English, then surely the higher qualifications of PhD without Grade 12 qualification suffices for one to stand as Member of Parliament. But then how did one obtain that PhD without the minimum entry qualifications? However, if that was the real intention of Parliament – then the drafting of the constitution would have captured that by inserting a clause that “Grade 12 Certificate or equivalent or any higher qualifications.” Currently, the constitution did not include the “higher qualifications” than Grade 12.

Anyway, the issue is between literal interpretation Vs mischief rule. ConCourt went for the literal interpretation. But then we are advised when interpreting the constitution to always apply the purposive interpretation, which simply means understanding the purpose behind the law. For now, Concourt has given us the literal interpretation which we have to live with unless someone goes back to Court under the “slip rule” and have this clarified!
Such is law. That is why lawyers do not agree and end up in court to have a neutral arbiter have a final say!

THE CLERGY AND THE UNTOLD STORY OF SESHEKE BYE-ELECTION

Today I woke up with so much running through my mind as we wait for the Cybersecurity Bill to be signed by president Edgar Lungu. And quickly I took time to reflect on some issues that we Zambians have forgotten so easily and we wonder why we lost Nsama and Joseph in such a manner. In this reflection, I picked up the sesheke incident and this is what I gathered below.

When we talk about Sesheke, people will always remember the honey bees. They will remember HH escaping heavy artillery and walking in the bush for some hours. They will remember the three gallant men who served the people of sesheke from imminent deaths. It hurts me to see us not idolizing these three gallant men, who lost their jobs so sesheke residents could live. They lost their jobs so that no single life was to be lost in Sesheke. This is a huge sacrifice they made to mother Zambia and to constable Mukela R.I.P young patriot.

By the way, did we know that the reason the officers who defended their police station against PF led assault were not arrested and charged for Assault OABH was because they acted proportionately and lawfully? A police officer who assaults any person is charged and tried for assault before being retired in whatever interest. But realising the assault was within the confines of the law and any criminal case brought against these men was not going to last five minutes in any court of law. Hence the short cut of using the retirement clause which did not need any standard of proof. They handled armed cadres just like Jay Jay Banda ambushed Lusaka Central Police Station and clobbered police officers on duty and he is a free man.

The Government through PF cadre Mbewe, they pushed for dismissal by threatening senior officers who were present. Believe it or not Honourable Kampyongo was against the move to fire his men but, was out numbered. As Mbewe was talking to statehouse where the Sesheke bye elections operation was hatched. I am sure we all know Mbewe, the empty tin from Southern Province, is it Mazabuka.Anyway that aside, we want to share with you the untold story of what happened below the eye level.
Statehouse as usual hatches a plan, code named, “Kang’ombe must fall’. The idea of this plan was to ensure that Kang’ombe is never allowed near the nomination centre as they wanted to win the Election at all cost. In the past such evil plans were done at or within the Red Brick. But, ever since Kaizer Zulu was appointed political advisor, plans are now hatched in Nkwazi office putting the presidency in all the dirty mix. I have avoided the word president because what we have seen is President can be dirty but presidency is an institution.

So, in Sesheke as narrated by a pastor who was chosen as a contact person. A team of officers was dispatched from Western Division HQs. Their assignment was to arrest Kang’ombe a day before filling in his nominations.
When the officers arrived in Sesheke, they went straight to the pastor as directed. Who told them that they must arrest Kang’ombe at all costs.The officers were very professional, they wondered as to what charge they would slap on him? The pastor said, ” Trafficking in Persons”.
The officers rebuked this pastor, and asked him if he knew what it took to frame a charge. More so that there were no witnesses, he remarked that he could arrange witnesses from Namibia so long they arrested Kang’ombe.

The officers refused to take that route, they insisted the pastor brings the witnesses first. So that, they would listen to the witnesses accounts and base their decision on what they would have heard.Unfortunately, the pastor did not produce those witnesses from Namibia and Kang’ombe filled his nomination papers.What we saw after, the heavy artillery, lodges full of machetes and an attack on a police station was all plans B, C and D. Plan A did not work all due to the heroics of professional police officers.
I know you are all wondering, what could have happened to those police officers? When their team arrived in Mongu, the team leader was shocked to find a truck and trailer at his home ready to pick him and his family up, he was on transfer. He was not only transferred but, demoted to a lower rank. I hope Kang’ombe and true patriots of mother Zambia knows these silent heroes. Now the PF and ZAF want cyber security and cyber crimes law.Police officers too need to be free of PF.

It’s my prayer and trust that one day all our men and women in uniform will have this courage and determination to save lives, and that we as Zambians should always stand by the side of such officers. They need our moral support even today. If truly we cared for them, Mukela would have survived. But we forget fast and only wake up when another crime has been committed by the Cybersecurity Bill team. If these men were not fired by the president many PF cadres who promotes violence would have stopped and we could have seen sanity ahead of the August elections.

SIKAILE C SIKAILE
GOOD GOVERNANCE AND HUMAN RIGHTS ACTIVIST FOR ZAMBIA AND AMNESTY INTERNATIONAL

By Marvin Chanda Mberi

We are made to believe that the recently selected UPND Vice President Madam Mutale Nalumango, an undemocratically elected UPND is still nursing the electoral defeat she suffered from PF which led to her losing the Kaputa Parliamentary seat.

With her immensely fair professional and political experience, and having served as MP, Cabinet Minister and later as Deputy Speaker of the National Assembly, the standard of approach toward national issues expected of her is higher than her boss Hakainde Hichilema who has never served in Government even as a councilor.

The recent interview at a named radio station leaves much to be desired especially that as UPND second in command she is Chief Adviser to her boss.

This is envisaged in the manner which she was handling questions that came from callers who would oppose her.

It was very unfortunate and dissapointing at the same time to hear Ms Nalumango referring to her critics as ‘abatuutu’ and ‘abafontini’ (very backward people).

This crude language is least expected from a seasoned politician and career person of her stature.

Ms Nalumango uttered those words with indignation when she featured on one of a number of local radio stations in Lusaka.

We opine, Nalumango demeaned the very people whom she is begging the votes from so that when she is in power(God fobid) she will insult them more!

Imagine, someone who is merely in opposition coming out strongly with her vocabulary which contained nothing but bitterness and lack of repect for citizens, what would happen if she was in power? We are sure many would be ruled with an iron fist and under pitcot government.

By and large, critism builds individuals and make one to forge ahead and soldier on.

No one has ever succeeded without fair critism and we can safely say the criticism that came from all the callers on the radio programme were sober, respectful and devoid of insults or disrespect.

Additionally, we don’t expect HH’s bitterness to be transmissible to her now vice-president who is a mother of the nation, someone you can seek solace and confort from in time of distress.

We now agree to the English adage, “birds of the feather, flock together”.

HH and his vice president are both bitter and lack regard for the general citizenry.

The good example we can give for free is our calm and soft hearted with a motherly voice, our own vice president her honour Ms Inonge Mutukwa Wina.

Her voice is as tender as a caring mother and her heart is as soft as that of a dove.

We urge Ms Nalumango to emulate the calm and composed of bo Inonge Wina even in the sight of immense provocation from her competitors.

His Excellency the President of the Republic of Zambia, Dr. Edgar Chagwa Lungu had no tough time picking her as his Vice President and Running mate.

His Excellency paired himself very well where humbleness and calmness are concerned.

These two servants of the people are indeed peace makers and Godgiven leaders no wonder the majority citizens are looking forward to voting them back in office on 12 August 2021.

You cannot in anyway be a leader out of revenge, envy and bitterness. Noway!

No wonder one of the Catholic clegies said it point black and in no uncertain terms that some leaders needed to be broken down and later be prepared to be leaders.