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What has happened to the principles Lubinda espoused, asks Nalumango

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MUTALE Nalumango wonders what the PF is preparing the country for over President Edgar Lungu’s eligibility to contest the presidency a third time having been elected twice to the same office.

In a statement, the UPND vice-president further wondered what had become of justice minister Given Lubinda.

She said the UPND was asking questions because it still had some measure of respect for Lubinda as one of the individuals in the PF government who uses reason to analyse national issues.

Nalumango, however, questioned Lubinda’s statement on the floor of Parliament on Thursday March 4, that anyone trying to petition President Lungu’s eligibility was threatening Zambia’s peace.

She said such statement planted doubt in the UPND about its view of Lubinda.

“Debating President Lungu’s address on the progress made in the application of national values and principles, Lubinda said those planning to petition President Lungu’s eligibility were trying to create an environment of suspicion in the country. We are at pains to understand how the petitioning of outgoing President Edgar Lungu’s eligibility to contest this year’s presidential election can cause a security breach or compromise peace in the country,” Nalumango said. “What has happened to the democratic principles that Lubinda has always espoused? Is it because the President General’s hold to power beyond August 12 is being threatened by the legal system? Has it just dawned on Lubinda that the intending petitioners have solid arguments and are on the side of the law on Lungu’s eligibility, considering that he [Lungu] has already been sworn twice as Republican President?”

Nalumango also wondered what was wrong with the petitioners preparing their papers ahead of time.

She said Lubinda’s argument does not make political or legal sense because lawyers are not time bound on how much time they need to start preparing for a case of interest.

Nalumango said a politician of Lubinda’s experience ought to know that politicians were in a competition to take over or retain power using legal strategies that appeal to the voters in an election.

“The justice minister should avoid threatening the opposition. Is there something the Patriotic Front is trying to prepare the country [for], in view of the expected outcome of the petition? To us, this is a collaborated position of the Patriotic Front because the Lusaka Province chairman Paul Moonga expressed similar sentiments when he addressed a media briefing on Friday. We don’t believe that this is a mere coincidence of a position from the ruling party even if it doesn’t make any sense at all,” she said.

Nalumango, a former deputy speaker of the national assembly, said the UPND, being the government-in-waiting, cherishes the country’s peace because it believes that it was the foundation on which it shall deliver real development that people have been deprived of over the years the PF has been in government.

“We make an undertaking to rid this country of corruption and theft of public resources when we assume the reins of power in a few months. Our people deserve the full restoration of their dignity, which has been taken away by the PF due to unbridled greediness,” she said.

Nalumango said it was also a matter of fact that regions perceived to be opposition strongholds had challenges registering as many voters as needed compared to areas perceived to be PF strongholds.

She said Lubinda should be the last person to curtail citizens’ freedom to discuss issues that affect them in one way or the other.

“Democracy is about tolerance of divergent views, Mr Minister sir,” said Nalumango.

UPND DEMANDS FORENSIC AUDIT INTO 2021 VOTERS REGISTER…we shall seek legal recourse if ECZ fails to provide credible answers, says Mucheleka

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By Elias Sakala CIC private reporter

LUSAKA-Lusaka

UPND DEMANDS FORENSIC AUDIT INTO 2021 VOTERS REGISTER…we shall seek legal recourse if ECZ fails to provide credible answers, says Mucheleka

The opposition UPND has written the Electoral Commission of Zambia (ECZ) demanding a forensic audit into the 2021 voters register, which has seen an upswing in voter numbers in perceived PF strongholds and a minus in opposition areas.

Speaking with Daily Revelation, UPND deputy secretary general Patrick Mucheleka said the opposition party is still waiting for a response from the ECZ over their demands.

“Ofcourse yes. There has to be a forensic audit and we have actually as UPND, we have written to ECZ to even ask them to clearly tell us the actual figures at every polling stations and the names of the polling stations and how many people have been captured in each polling district. They must tell us. And the letter that we have written to them has been acknowledged but up to now they have not responded,” Mucheleka said. “So we are waiting for a response and we are giving them time. If we do not hear from them by the end of the week, next week you will be able to hear from us. Because we are asking for accountability from everyone, including ECZ, and they have a responsibility to respond to the questions that we have raised.

Mucheleka said UPND lawyers were on standby should the ECZ fail to provide credible answers.

“They are aware about these issues and our lawyers are on standby. These are serious matters you don’t joke with the issues of the register of voters,” Mucheleka said. “We are demanding for transparency and we are demanding and calling for transparency and everyone has to be held to account including Emily Sikwaze and Patrick Nshindano as individuals and their cohorts.”

Mucheleka said he was particularly embarrassed that the people he served with in the civil society and are now senior ECZ officials, Patrick Nshindano and Emily Sikazwe, could be part of what he described as the commission’s actions in de franchising voters in areas perceived to be opposition strongholds.

“They did everything possible to collude with people in PF to facilitate registration of voters,” Mucheleka said. “One of the central principles we advance is solidarity with the poor and voiceless. If truly you are a civil society activist the principle of standing with the poor is certainly a co-principle to which you are never expected to compromise.”

And Mucheleka said the PF is well aware that President Edgar Lungu is not eligible to hold office again, having twice held office.

“The man is simply not eligible. If they are not careful bakashala muli mwamoneni,” said Mucheleka

The Constitution Clearly Doesn’t Allow a Third Term of Office – Fred M’membe

By Fred M’membe

It’s very clear that President Edgar Lungu and his disciples are trying to impose their will on all of us.
They are trying to keep themselves in power at any cost. They have made it impossible for this country to have free and fair elections this year.

President Lungu is not only trying to impose himself as a presidential candidate when the Constitution clearly doesn’t allow a third term of office, but he has also made it impossible for his competitors to politically mobilise.

But what Mr Lungu and his disciples do not seem to understand is that the social furniture of modern society is so complicated and fragile that it cannot support the Jackboot. We cannot run the processes of modern society by attempting to impose our will upon others by all sorts of crooked, corrupt and repressive schemes. If they have not learned that they have learned nothing. Whatever might be their motivation to seek a third term at any cost, there’s no doubt about its imbecility.

I beg President Lungu and his disciples to turn their backs on this most ugly way of seeking to perpetuate their hold on power and realise that if they are to live in this country and be regarded as decent people deserving the respect of others, they have to act up to different standards than the one they have been following.

These are methods of barbarism. If these are not methods of barbarism, what methods does barbarism employ?

We have been taught that “the man who abides by unjust laws and permits any man to trample and mistreat the country in which he was born, is not an honourable man…In the world there must be a certain degree of honour just as there must be a certain amount of light. When there are many men without honour, there are always others who bear in themselves the honour of many men. These are the men who rebel with great force against those who steal human honour itself. In those men thousands more are contained, an entire people is contained, human dignity is contained…”

It’s understandable that honest people should be victimised, repressed and humiliated in a Republic where a criminal, cruel, intolerant and tyrannical gang is in power.

ZAMBIANS MUST EMBRACE THE WATER MELON CONCEP TO KICK OUT PF – Percy Chanda

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PRESS STATEMENT

10 TH MARCH 2021

ZAMBIANS MUST EMBRACE THE WATER MELON CONCEP TO KICK OUT PF

We call upon all well meaning Zambians to unite and use the water melon concept to kick out PF. There is nothing wrong in eating whatever PF is giving you now, but on 12th August do a water melon on them. Think of your future and that of your innocent children first. We all have the responsibility of kicking out PF. Throw away the green part of the water melon on 12th August. Enter the polling booth as PF but come out smiling as UPND. You will be alone in the polling booth and PF will not know that you have done a water melon on them. Continue eating whatever they give you but vote for UPND.

PF is only deceiving Zambians for the sake of votes. After elections there will be no dishing out of cash, bicycles, goats and chickens. Where by-elections were held PF bought votes using the same crooked method but later abandoned the electorate. You have been duped before, this time use the water melon concept. If you make a mistake of voting for PF, the next general elections will be in 2026. If you don’t do a water melon on PF you have yourself to blame.

It’s PF that has allowed lawlessness resulting in loss of innocent lives. It’s very important to do a water melon on PF because these are the people who wanted you and your innocent children dead through gassing. You must do a water melon on PF because Zambians have lost their lives by giving them expired drugs and stole the money they are now dishing out. Do a water melon on PF because our youths have been neglected. Do a water melon on PF because they have destroyed our economy through corruption.

Through the water melon concept we can reclaim our once prosperous and peaceful Zambia. UPND will restore the respect that Zambians enjoyed before. HH and his team will create jobs and stabilize the economy by revamping the dead industrial base. Under PF Zambia has become a dumping ground of sub standard goods because we can’t manufacture even a tooth pick. Our industries are warehouses for imported sub standard goods. PF has induced poverty in order to control Zambians, we must unite and kick out PF.

Percy Chanda
UPND NMC Member and Freedom Fighter.

Figurative: PF Cadres trying to pull watermelons in PF…

Police Watermelons
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UPND’S WATERMELONS AT PF KASAMA RALLY
OPERATION WATERMELON
OPERATION WATERMELON

OPERATION WATERMELON

OPERATION WATERMELON
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OPERATION WATERMELON
UPND CADRE SHOWCASING “OPERATION WATERMELON”

EAST TURNS UPND

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Lusaka-9th March, 2021.
The long-held view that the Eastern Part of Zambia was a ruling Patriotic Front (PF) strong-hold has been annulled.

This comes to light in the wake of the tour that newly-appointed UPND national women Affairs Chairperson, Doreen Mwamba took in the company of her deputies, Edith Kamanga and Gladys Tavaris took of Eastern Province on Monday, 8th March, 2021.

Ms Mwamba, upon traversing the full breadth of the Eastern Province, revealed to the UPND Media Team that the long-held-belief that most of Eastern and northern regions of the country were PF strongholds were a fallacy and unrealistic.

She stated that upon travelling through Katete, Sinda, Petauke and Nyimba, her experience depicts a whole lot of changed political spectrum in which the favour and wind of change favoured President Hakainde Hichilema to emerge victorious in the forthcoming 12th August, 2021 general elections.

“Am so proud that they want a fellow farmer who understands what they need,they told me that east belongs to the people of Zambia and not PF. They even revealed that no empowerment as put by PF will ever change their vote because PF has inflicted poverty on them and has been full of lies and tricks in their way of governance.Come 12th August they will vote for HH and UPND.” said Ms Mwamba

She has since called on all UPND members not to be hoodwinked with the cheap political talk and rhetoric that the PF would be retaining power come August 12th, as the political tide had shifted towards the largest opposition party in the country.

The UPND Media Team witnessed a sharp rise in the praises and accolades being showered on the UPND leader, whom most people said was the final redeemer to their perpetual malady and infirmity of untold misery and poverty.

Ms Mwamba told the people in Eastern province that their lives will change after voting for President HH because they will be run their farming as business to fully sustain their lives.
Ms Mwamba thanked the Provincial team for the thunderous welcome and unity exhibited among members.

Ms Mwamba was accompanied by her two deputies Ms Tarvaris and Ms Kamanga, senior pary officials madam vibetti, Presidential Spokesperson Anthony Bwalya, Special Assistant to President Hakainde Hichilema, Chella Tukuta the photographer and others.
*UPND MEDIA TEAM*

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A PRINCIPLED CITIZEN

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By Pamela Bwembya

A PRINCIPLED CITIZEN

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

STOP CHEWING WITH FOOD IN YOUR MOUTH MALITE CAUTIONS KABWITA

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For Immediate Release

STOP CHEWING WITH FOOD IN YOUR MOUTH MALITE CAUTIONS – KABWITA

Lusaka 9th March 2021

Charles Kabwita, a nephew to Chishimba Kambwili, Craft certificate holder and failed Councilor has questioned the credibility of new National Democratic Congress leader Josephs Akafumba.
Any sensible soul would laugh at Kabwita’s courage but I have failed to ignore his utter affront to the persona of Akafumba.
Just to refresh your memory of what this courageous petite said his is part of his statement title, “The Desperation of Mr. Akafumba and his rebel gang very shocking and worrying,”
Kabwita wrote, “As youths in National Democratic Congress, NDC, we have watched, with dismay, the conduct of Mr. Rikki Josephs Akafumba and his rebel gang and we have come to the conclusion that the gang are in need of psychological help.We have avoided to talk until now as we were very sure that they would easily come back to their senses before they took matters very far. The people involved are our parents and we have accorded them the utmost respect but it looks like they do not want to be treated as such.”

Further, Kabwita who is purporting to be a National Youth Chairman of NDC said it is worrying to see the gang rush in and out of court and create a case out of anything that comes out of their minds.

“What kind of law does Mr. Akafumba practice for him to keep coming up with such baseless claims?They first claimed to have expelled president Chishimba Kambwili then later said that they did not. They then went to court, withdrew the matter and then are now back in court.Registering a political party in this country is not very difficult. They are free to register their own party if they think that they are very popular.Their claim that president Kambwili is not the president, while at the same time enjoying the positions that he gave them is a very laughable matter,” said Kabwita.

Based on his folly, I am compelled to respond with the hope of reminding him of a few things that he may have forgotten about Akafumba just to protect his new job at the new breweries that his uncle is constructing.
Kabwita, this lawyer whose credential you want to disparage is the one that would come to Kambwili’s aid each time his lawyers withdrew from representing him.
I recall Akafumba representing your uncle until he reconciled with his lawyers and for that matter arbitrate their reconciliatory meetings.
Further, Akafumba is the man who the late Michael Sata entrusted with the job of crafting the PF Constitution as well as the opportunity of being acting PF president before the party convention.

He later was appointed Justice Permanent Secretary and also served as Southern Province PF chairman…surely Mr Kabwita is this man you want to malign just because he has politically differed with your uncle?

Bayama, we all know you are homeless and now live at Kambwili’s house, was jobless until the brewery job was presented to you and want to justify his generosity.

Do you want us to remind you that as you served as a Councillor you were at the centre illegal allocation of plots,and that beliffs pounced on you owing to this illegality…that’s the record you left at the Council yet you have the audacity to throw stones.

A man who had failed to provide for his wife and family to an extent of abandoning your kinfolk you stand on quicksand to disparage others,kindly shut up!

You are beneath Akafumba in all spheres and you taking him on is utter folly and a dangerous direction to take your verbal diarrhea.

I pity you, your predicament is one between a hard place and a rock but the best you can do is not chew with your food in your mouth, it’s dangerous.

Issued by: Emmanuel Malite esq. NDC Media Director
+260971827272

Kampyongo and Lusambo instigated Kaunda, Nsama killing – Kalala

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JACK Kalala says it will be amiss to spare the political big fish who had instigated the use of police force against unarmed citizens in relation to the killing of Joseph Kaunda and Nsama Nsama Chipyoka on December 23, 2020.

Last Thursday, the Human Rights Commission (HRC) released findings of their investigations of the shooting to death by police of Kaunda and Nsama.

The duo was shot dead on the day UPND leader Hakainde Hichilema was appearing for questioning at police headquarters in Lusaka.

Among the key findings of in the HRC report are that fired Lusaka Province police commissioner Nelson Phiri ordered the killings, and that home affairs minister Stephen Kampyongo(l) and Lusaka Province minister Bowman Lusambo(r) incited the police to kill through their statements prior to the incident.

“While it is proper and appropriate to bring to book police officers involved in the killing of Kaunda and Nsama, it would be amiss to spare the political big fish who had instigated the use of police force against unarmed citizens,” Kalala, a former State House official in the Levy Mwanawasa presidency, said in a statement.

“The day before the fateful incident happened, Stephen Kampyongo and Bowman Lusambo are on record to have given statements urging the police to use force against anyone who would turn up to offer solidarity to the opposition party leader, Mr Hichilema.”

Kalala argued that it was not an offence for supporters or sympathisers to offer solidarity to their political leader or a civil activist.

He said those who turned up to give moral support to Hichilema were simply exercising their democratic rights and that they did not break any law.

“Their conduct did not pose any threat to peace and order,” he stated, adding that Kampyongo and Lusambo had no reason to direct the police to refrain anyone from showing solidarity to Hichilema. “It is not in their job description to order the police how to carry out their duties. Kampyongo and Lusambo have no police training to be able to tell the police how to do their work.”

He underscored that police officers were trained to efficiently and effectively perform their work and duties within the law and according to situations.

Kalala said it was not the first time that sympathisers turned up in large numbers to give moral support to someone.

He recalled that when former health minister Chitalu Chilufya appeared in court, PF cadres turned up to show solidarity to him.

“In his case there were even traditional chiefs who had travelled from Luapula to attend his court case. If this was alright for [Dr Chilufya], why should it be wrong or illegal for Mr Hichilema or others?” he wondered. “If Kampyongo and Lusambo are not brought to book, justice will not be done, as they are not only accomplices to the murder of the innocent persons but also instigators of the commission of the crime.”

Kalala said had Kampyongo and Lusambo: “not influenced and instigated the police to use force in dealing with the people who would turn up to give solidarity to HH, the unnecessary loss of life would not have happened.”

“Bringing the two to book would serve to teach a lesson to other political leaders to desist from abusing their positions,” Kalala said. “It should be noted that a few days before the fatal incident, Kampyongo, in his capacity as Minister of Home Affairs, issued a stern warning that no person would be allowed near the premises of the Zambia Police Service headquarters, adding that those who would defy the orders would be met with police force.”

For Lusambo, Kalala said the Kabushi PF member of parliament was reported to have had a meeting to specifically detail Phiri to firmly deal with anyone who would offer moral support to Hichilema.

“These were certainly uncalled-for orders from the two political leaders who should consequently be held accountable and answerable for the subsequent death of Nsama and Kaunda,” he said.

“The two political leaders’ inciting statements certainly amounted to political interference in the operations of the police, which should not be the case and should not be condoned at all.”

Kalala said the two ministers’ inflammatory political directives incited the police to use force with a view to pleasing: “those holding political power, for fear of being retired in national interest, as has been the case in the past.”

He said such political interference in the work of the police should be brought to an end.

Kalala said the police and other institutions of governance should be left alone to do their work independently and professionally without political interference.

“Government institutions should not be used as tools of oppression against political opponents or human rights advocates. Zambia is not a totalitarian State but a democracy where citizens should freely exercise their rights and should hold accountable the people they put in positions of leadership,” said Kalala. “It should be noted that opposition parties are an integral part of the governance system in a democratic dispensation. They play the critical role of providing checks and balances; they also act as an alternative choice should people see the need to change the leadership. Their existence is important and necessary. It is therefore wrong to treat them as law-breakers or political pariahs; they should instead be treated with respect and dignity.”

HH Scared Of ECL On The Ballot But He Will Face Him As Sangwa Is Merely Politicking – Marvin Chanda Mberi

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HH SCARED OF ECL ON THE BALLOT BUT HE WILL FACE HIM AS SANGWA IS MERELY POLITICKING

By Marvin Chanda Mberi

Initially, we have abandoned the debate pertaining the eligibility of President Edgar Chagwa Lungu as it was without any doubt coined to divert the debate.

We did our level best to belabor to engage the opponents of President Lungu’s candidature but the issue is void and we cannot substitute our energy for productive debate.

As far as we are concerned, ECL is eligible and his eligibility is no longer a legal but a political debate.

We will therefore treat the statement by a named Senior Lawyer as political discourse just like any other person opposed to his candidature.

We will not discuss legal issues pertaining ECL’s eligibility because with all due respect, the learned counsel was merely politicking.

As far as we are concerned, ECL is eligible and his opponent of his candidate can do what is within the law and above they should respect the decision of the Court.

We know the proceedings that are premised on Article 52 are novel in our legal history and our friends on the left are ever zealous with futile academic court processes meant to hold the institutions of Government hostile.

We recall on how in the aftermath of the 2016 elections pursued the proceedings in the High Court over what they termed as the “right to be heard” with the apparent hope of holding the Constitutional Court culpable over the interpretation of 14 days.

It is in public domain on how they persistently fished in the dark and they have not succeeded in their academic legal proceedings.

It is ostensibly clear President Lungu is a popular candidate who is in good standing with the electorates and this is calculated to avoid facing him on the ballot.

It is also surprising that the named State Counsel has elected to suggest that it’s treasonable for President Lungu to contest as Presidential candidate.

As far as we are concerned, the Court pronounced itself on the period less than 3 years as not constituting a full time.

Moreover, ECL did not even serve of the 3 year period which constitutes a term.

All we can say is that obeying the judgement of the Constitutional Court is not treasonable at all, it is instead ECL’s patriotic duty to offer himself for service.

It is not correct in an event ECL has filed his nomination, he can be accused of seizing state power by what his opponents are calling as unlawful means.

We therefore urge the Zambian people and all those interested in public affairs, to ensure they properly acquaint themselves with the judgement of the Constitutional and all relevant literature so that they don’t fall prey to hoaxes of deception.

It is become a matter of public concern that most Zambians have opted for the “copy and paste” kind of thinking. The copy and paste kind of thinking process is the one that adopt the thought of others as gospel truth without interrogating the substance of the thoughts.

It is this same “copy and paste” kind of thinking which has made some Zambians not to have the courage to interrogate the barrage of misleading comments regarding the eligibility debate.

YOU HAVE LET US DOWN JOHN, LAMENTS PAUL C

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YOU HAVE LET US DOWN JOHN, LAMENTS PAUL

PAUL C – Zambia, who filmed John Zulu pulling his Chinese boss on a trolley and went on to rally support for him, has expressed disappointment at the turn of events.
John has reconciled with his boss and has retained his job despite Lamasat offering him a better job.

Paul Writes:

CHINESE ON TROLLEY CARRIES THE DAY

In the Matter Where A Chinese Employer was Filmed By me and my colleagues last week Friday has ended today. A Listening done by His Worship The Mayor Today at 11:35AM.
Present Was : John Zulu, His Mother, Father and his Aunty. Along with the Chinese Owner of The Outlet and The Entepreter.

In the Matter, John’s Family said that they sat down and reconciled with the Employer and John has Retained his Job. They further said the employer is a good man and whatever John said in the Presence of The Mayor and PAUL C – Zambia on Camera during the visit, that they mistreat him was all a lie.

His worship the Mayor asked John why he lied on the day of his visit but John looked down . John further said ” They Chinese have been forgiven for their doing. The Mother further said Forgiveness is the way to move forward as she quoted a Bible verse” They considered the matter settled before his Worship who later validated the matter and considered it settled.

“The matter in the video was not wrongly quoted by Remmy Kangwa , Eustace Mukuka and Me . We witnessed a Triumph of John from Morning 08:45AM to 16:00PM.” Of the TROLLEY Ride with the Chinese and He confessed it.158770860_3709929479125050_1727163160725105526_o

In my own words, I feel John Zulu and the family resolved this matter before the Appointment Day with the Mayor, The Chinese Business Owner has Played his Cards well and Shunned from the face of Justice to avoid Charges. John Zulu and Family left together with the Chinese Employer and Left No time to be approached leaving me speachless. My Message To John,

John, You have drowned your fellow Citizens At Your Benefit. And I don’t regret Fighting For Your Well being always remember when you get paid who helped You get Your Job On Permanent and Increased Pay. God Be With You 🙏🏿
#BehindClosedDoors

Your’s Faithfully:
PAUL C – Zambia
CAZ – P

The Challenge Continues

The Eligibility Debate: The Silly Season Is Finally Upon Us – Antonio Mwanza

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THE ELIGIBILITY DEBATE: THE SILLY SEASON IS FINALLY UPON US

The SILLY SEASON is once again upon us.

The debate on President Edgar Lungu’s eligibility which is being fuelled by the Opposition and their media surrogates and outfits is a perfect indication that the SILLY SEASON is yet again upon us.

Before I am accused of insults or and unpalatable language by the ignorant arrogants who comment before reading, let me first begin by explaining what the phrase SILLY SEASON means; a Silly Season is a period when the mass media often focus on trivial or frivolous matters for lack of major news stories; a period marked by frivolous, outlandish, or illogical activity or behavior.

1. The issue of President Edgar Lungu’s eligibility is a DEAD ISSUE; the court already RULED upon it.

2. The judgment of the Constitution Court is FINAL, it cannot be challenged by any other court in Zambia.

3. The question of what it means to HOLD OFFICE TWICE was conclusively dealt with by the court in determining whether His Excellency President Edgar Lungu is eligible or not.

4. Any other issue on this matter is merely academic and an exercise in futility. However some lawyers will use this debate to make money and some politicians will use it to try to mislead the masses.

5. Whatever anyone says on this matter is merely an OPINION and NOT reality. The reality is what the Courts have ruled. Anything else is inconsequential.

Below is a summary of the CONSTITUTIONAL COURT JUDGMENT ON THE ELIGIBILITY OF PRESIDENT EDGAR LUNGU:

SELECTED JUDGMENT NO. 6J OF 2018 (2224)
IN THE CONSTITUTIONAL COURT OF ZAMBIA

2017/CCZ/004

1. TENURE OF OFFICE OF MR EDGAR CHAGWA LUNGU PRESIDENT OF THE REPUBLIC OF ZAMBIA

2. THE ELIGIBILITY OF MR EDGAR CHAGWA LUNGU, PRESIDENTIAL CANDIDATE IN THE PRESIDENTIAL
ELECTION TO BE HELD IN 2021

We have considered the submissions by the parties and we have also reviewed the authorities cited. To ably answer the question whether the presidential term of office that straddled two constitutional regimes can or should be considered a full term in terms of Article 106 (3),and (6) of the Constitution, it is imperative to first determine what would be considered as ‘HOLDING OFFICE’ under Article 106.

In particular, Article 106 (2), which we have already quoted above states that a President shall hoId office from the date the President-elect is sworn into office and ending on the date the next president-elect is sworn into office.

From the above, it is clear that once a President takes up office, he/she shall hold office until the next president-elect takes up office.

The question therefore, is: For how long can a president hold office?

In order to answer the above question, we have to/ consider the tenure of office of the office of president. In this regard, article 106 (1) which we have quoted above provides that the term of office for a President is five years which shall run concurrently.

The Applicants have posed two questions and we shall address them in the order in which they are presented. We begin with the first question: Going by the parties’ respective submissions, the main
question/issue is whether President Edgar Chagwa Lungu will have served two full terms for purposes of Article 106 (3) as read with Article 106 (6) of the Constitution of Zambia at the expiry of his current term.

Previously the limitation in eligibility for election to the office of President, as provided in the repealed Article 35 (2), was premised on the fact that a person had been elected twice as President regardless of the period the person served as President, even when the person was required only to serve the remainder of the term of office of his or her predecessor.

Under the current Constitutional regime, however, the holding of office as President is attached to the term of office as defined in Article 106 (1) and (6) read together. While Article 106 (1) provides that the Presidential term of office is 5 years, Article 106 (6/) defines what constitutes a full term. Any period of 3 years and above is a full term. A
period less than 3 years is not a full term.

Article 106 (6) thus presents a novel situation, providing that a person
will be deemed not to have served a full term of office as President if at the time he or she assumes office, less than 3 years remain before the date of the next general elections. The intention of the Legislature as shown from the import of Article 106 is that a person can serve two five year terms amounting to 10 years.

However, with the enactment of Article 106 (6) two, other scenarios now obtain. Under Article 106 (6) (a), it is possible that a person can serve for a period of less than 10 years, being! one term of atleast 3 years and another term of 5 years and these will count as two full terms.

The converse is also true under Article 106 (6) (b) it is now possible for one to occupy the office of President for a period which is less than a full term in addition to two full terms of office meaning that a President can be in the office for a total of almost 13 years. We have decided to add this for clarity.

Therefore, it is clear from the above provisions that when the Constitution is read holistically, we believe, the intention of the Legislature was that when a person takes over the unexpired term of a previous president, that person should be able to serve a substantial part of the unexpired term in order for such a term to be considered a j a full term.

We are of /the considered view that the provision regarding the full term must be applier to defining what is meant by twice held office under Article 106 (3) in intetpreting the provisions of that Article.

It therefore, follows that in the current case, the term served which sits astride the pre and post 2016 constitutional amendments and having looked at the intention of the Legislature as we have done, and the holistic approach we have taken in interpreting Article 106 of the Constitution in its entirety, our answer to the question that we have rephrased is that the Presidential term of office that ran from 25th January, 2015 to 13th
September, 2016 and straddled two constitutional regimes cannot be
considered as a full term.

As regards the second question posed in the amended originating Summons, which is whether the incumbent President is eligible for election as president in the 2021 presidential election, our view is that, in light of the position that we have taken as regards the first question posed in the amended Originating Summons, the second question has become otiose and we shall not consider it.

Compiled by ANTONIO MWANZA, PF Deputy Media Director.

MAMBILIMA CONSTITUENY RECEIVES BICYCLES FOR MOBILISATION FROM ASPIRING MP CHILESHE CHILUFYA PUNGA

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MAMBILIMA CONSTITUENY RECEIVES BICYCLES FOR MOBILISATION FROM ASPIRING MP CHILESHE CHILUFYA PUNGA.
PEOPLE of Mwense District of Luapula Province have been urged to stand ready to vote out the PF owing to numerous hardships and economical challenges in the area that has brought in poverty. UPND Parliamentary aspirant for Mambilima Constituency Mr Chileshe Chilufya Mpunga said this when he donated bicycles to all wards in Mambilima Constituency of Mwense District in Luapula Province.

In his speech he said the bicycles were a way of empowering the local leadership to reach every member of the community in order to bring about change of government through the ballot. He also mentioned that you should take whatever comes from the PF but vote for UPND President Hakainde Hichilema and the candidates who will be adopted by the Party.

Witnessing the handover NMC member and same time Chairman for energy Eng Charles Kaisala told the gathering that President HH is ready to work with people of Luapula and exploit on the vast natural resources for economic emancipation and turn it into the bread basket of the Country and also take advantage of the ready DRC market to enhance trade and earn the much needed foreign exchange. Mr Kaisala who is also dean of NMC members from Luapula urged the people to massively vote for President HH to save the Country from total collapse.

Provincial Chairman Mr Roy Mwansa also added his voice. He gave directive to all ward chairmen to go out since transport is not a problem now. He also asked other aspiring candidates to go on the ground and campaign for President HH and all other aspiring candidates.

The handover ceremony was also witnessed by Mwense District Chairman Mr Daniel Mumbi and Constitueny Chairman Mr Thomas Mofya.
Also in attendance were UPND aspiring Councillors and some ward officials who received the donated bicycles.

The people have declared that they are very ready to change the government and are eagerly waiting for the August 12 polls.
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Division in ConCourt bench saves Lundazi MP from the axe

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Division in ConCourt bench saves Lundazi MP from the axe

THE Constitutional Court has delivered another split judgment in the Lundazi Central petition ruling that member of Parliament Lawrence Nyirenda did not breach the constitution and also that he does not have the requisite Grade 12 certificate and must vacate the House.

This is in a matter where losing candidate for Lundazi Constituency Colonel Bizwayo Nkunika asked the Constitutional Court to declare the Lundazi parliamentary seat vacant and order the Electoral Commission of Zambia (ECZ) to hold elections within 90 days.

Col Nkunika, who had cited Lawrence Nyirenda as first respondent and ECZ as the second respondent in the matter claimed that Nyirenda does not have the minimum academic qualifications as prescribed under Article 70 (1) (d) of the Constitution of Zambia because he does not hold a minimum grade 12 certificate.

But the Constitutional Court says Nyirenda and the Electoral Commission of Zambia did not breach the Constitution when the electoral body allowed Nyirenda to file his nomination for the 2016 parliamentary election without the requisite grade 12 certificate or its equivalent.

But in their dissenting judgments, Constitutional Court President Hildah Chibomba and Palan Mulonda said Nyirenda ought to be disqualified as a member of parliament as he does not have the requisite academic qualifications and contravenes Article 70(1)(d) of the Constitution.

According to the majority judgment by judges Ann Sitali, Mungeni Mulenga and Martin Musaluke, the Constitutional Court stated that Nyirenda’s nomination was based on other qualifications that were deemed equivalent to grade 12 certificate as notified by the electoral body.

The court said the Electoral Commission of Zambia had an obligation to obey the pronouncement of the High Court in the Sibongile Zulu case that a draft vocational or apprenticeship certificate would be equivalent to a grade 12 certificate.

Judge Musaluke said the court cannot disregard the central role which the judgment of the Sibongile case played in the 2016 elections in regards to the interpretation of what constituted a grade 12 certificate.

He said the description by the Zambia Qualifications Authority and the Examination Council of Zambia of what constitutes a grade 12 certificate cannot apply to Nyirenda because at the time of his nomination and election, there was a binding High Court decision upon which the electoral body acted.

Justice Musaluke said Col Nkunika did not challenge the validity of Nyirenda’s nomination or his election due to the instructions by ECZ that candidates without grade 12 certificates but had other qualifications should be accepted.

He added that Col. Nkuinka’s claims regarding the contravention of Article 70 (1)(d) of the Constitution failed and was dismissed.

Justice Chibomba in her dissenting judgment said the Sibongile case should not oust the interpretation of Article 70(1)(d) as the implication of such a decision was that a contravention of the Constitution must not arise until the court declares.

She said any Act that contravenes the constitution after it came into force should be rendered unconstitutional and illegal ab initio.

“The Sibongile Zulu case did not qualify any person in an election or member of parliament. It directed would be candidates to present their qualifications before ECZ in a manner evidencing that he or she has completed the required education programme or its equivalent,” justice Chibomba said.

She said ECZ’s mandate was to either accept or reject the nomination based in the qualifications submitted by candidates.

Judge Chibomba cautioned the electoral body against allowing candidates who do not have a grade 12 certificate or its equivalent to file their nominations.

“It has not been shown that ECZ complied with the guidelines given by the High Court in the Sibongile Zulu case. In my view, Nyirenda and ECZ contravened Article 70 (1)(d) of the Constitution on grounds that the certificates Nyirenda produced during his nomination were not equivalent to a grade 12 certificate,” said judge Chibomba.

” I would have ordered that since he did not meet the requirements of Article 70 (1)(d) of the Constitution his nomination and election and continued holding of office as member of parliament is contrary to the said Article and should be disqualified from continuing to hold office.”

And justice Mulonda said the Sibongile Zulu case cannot continue to hold in view of the fact that Nyirenda does not possess requisite academic qualifications.

He said the constitution was clear on the consequences of its contravention and any contravention of the Constitution was illegal.

Judge Mulonda ruled that according to the evidence by ZAQA and the Examination Council of Zambia, which was that Nyirenda does not possess requisite academic qualifications Article 70 (1)(d) of the Constitution, disqualifies him from being a member of parliament.

“Nyirenda not being in possession of a grade 12 certificate or its equivalent stands disqualified in terms of Article 70 (1)(d) of the Constitution and cannot continue to sit in Parliament as to do so will not only be illegal under Article 1(2) of the Constitution but a dereliction of duty on our part as a court. I would have ordered that Nyirenda should not have continued to sit as a member of parliament as this goes against Article 70 (1)(d) of the Constitution,” said justice Mulonda.

Credit: The Mast/By Mwaka Ndawa

PF find another Presidental Candidate – PF members Nkonkomalimba

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THE ISSUE OF EDGAR LUNGU S THIRD TERM BID – By PF members Nkonkomalimba.

PF find another Candidate

“”I do solemnly swear that I will support and defend the Constitution; and will to the best of my ability, preserve, protect and defend the Constitution; so help me God”

Before I heard Sangwa, I supported the issue that a Presidental is term is five years and we should not infringe on ECL rights because he inherited an incomplete term. I was even accused of being bought because of my honest lack of understanding. The fact that I even proposed that the issue should taken to the concourt did not help when “PF” proceeded to go to concourt.

Sangwa educated me that that’s the old law; the constitution says “held office twice”

In 1991 the constitution was clear that a person can only hold office for two five year terms. But that created a loophole that one could resign before the five years and continue standing. One could be always resign before five years and say I did not complete the term and perpetually continue standing.

In 1996 we retained the five years but added that you can only be elected twice to the office of the the president. Basically closing the earlier mentioned loophole. So as at 1996 one could only be elected twice and limited to two five year terms

Come 2016 the law changed to say you can only hold office twice; this was in inorder to also accommodate the new office of veep being a running mate. So the wording was changed from “elected twice” to having held office twice. Before that one could only became president through elections, but with 2016 having introduced a veep running mate; a veep could ascend to the office if the president dies or is incapacitated without an election; hence the language ‘twice held’.

The questions are

– Has he held office twice by 2016 constitution? YES

– Has not been elected twice according to 1996 constitution?

The concourt decided? The concourt infact refused to answer both questions concerning president Lungu’s eligibility ; they insisted the way first question posed to them was about an individual and not interpretation of the law. The went has far has rephrasing the question and determined that from 2016 to 2017 did not consist a full term of fives.

The first answer was now to be cemented with the second question; Was ECL eligible to stand again? They refused to answer this question referring to the answer in the first question that they interpret the law and not circumstances of an individual.

I personally would love EL on the ballot but the law is the law. Someone has to give a better answer how he is eligibilible when he has been elected twice and held office twice which are clearly the limits.

“I do solemnly swear that I will support and defend the Constitution against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Nkonkomalimba Kapumpe.

If I Was To Be A President Of Zambia For One Month This Is What I Could Do For You Zambians -Sikaile Sikaile

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By Sikaile Sikaile

IF I WAS TO BE A PRESIDENT OF ZAMBIA FOR ONE MONTH THIS IS WHAT I COULD DO FOR YOU ZAMBIANS

1. Fire president Edgar Lungu, dissolve the Electoral Commission of Zambia and bring forward various churches and reputable organizations to make recommendations on an all inclusive Electoral Commission of Zambia that can be trusted not by those in power but the Zambian people as whole.

2. Fire Kampyongo, Kanganja, Lusambo, and Esther Katongo and appoint Pilato as home affairs minister with special instructions to bring to book all the people behind political violence in Zambia.

3. Appoint Shapa Wakunguma as IG and instruct home affairs minister Pilato to close boarders for any one who served under the PF government during screening period.

4. Ray Hamoonga will be returned back as police spokesperson for he knows the truth of the people who gassed the country, and then a commission of inquiry into the gassing of citizens and burning of markets will be constituted right away. Meaning before my first day in office Zambians through me as the commander in chief of the armed forces would know who gassed the country since this information is with President Lungu I will demand the director of intelligence to hander over the files or be arrested for incompetence risking the entire country. It is my duty through the constitution around that time to ensure that I protect all Zambians from such criminal activities that the PF government has decided to keep as a secret.

5.Task Force against corruption that was brought in by president Levy Mwanwasa’s administration will bounce back and by the second day of me being in office, ACC,DEC and ZP offices will be busy all over the country bringing to book offenders. Before the end of the first week of my administration, I would make sure I recover over 20 billion kwacha from these people which I know very well it is very possible and each province would receive two billion to put up either schools or health posts depending on the areas needs. This is just a dyonko fellow country men and women by the end of a month we could have recovered billions of dollars and share it equally among all the ten provinces. Because we know where they have hidden the money stolen from Zambians. We know all their foreign accounts accross the world its just a matter of time.

6. Instruct the IG to remove all political cadres in markets and bus stations. Meaning all these facilities will be operated by city councils and begin cleaning all our cities across the country. This move would also create job opportunities to many young people which will add value to our economy. A proper economical support system to youths in all ten provinces would be created irrespective of one’s political affiliations all should benefit because this is tax payers money.

7. Cyber bill scrapped off and all those who introduced it even after citizens said NO will be made to pay every coin spent including billion of dollars spent during deliberations on bill 10 will be refunded back to the Zambian people by the initiator of the criminal agenda.Because leaders are elected to listen to people and not dictate, so why force something against the wishes of voters like we saw in bill 10. Under my administration people can pay back this money.

8. Appoint a very competent finance minister to allocate all these resources we are recovering to the people of Zambia in ten provinces. For instance if we recover a house complex like that of former Minister of health Dr Chitalu Chilufya when we sale it if it gives us 10 million kwacha, each province will receive one million. Fire bank governor who is now printing money.

9. Reduce cabinet ministers and ministry of religious affairs will be scrapped off and give back the church their powers. The church should not be controlled by politicians who can turn to be murderers, thieves and criminals as it is the case right now.

10. Fast track court for corruption cases will be created.No corruption related case will be in our courts for more than six months.

11. Criminalize tribalism. This will mean that any one who incites tribal hate will be convicted for a period of not less than 50 years or life imprisonment.

12. Open all private media houses Mr Lungu closed and assure the media to report nothing but the truth to the Zambian people. ZNBC and all government owned media houses will be required to report facts and not exaggerate things to please me even when I’m doing foolish things before the interest of the country. No bootlickers would be entertained.

NEXT CHAPTER WILL BE APPOINTING A FULL CABINET AND OUTLINE ON HOW TO PAY BACK THE DEBT PF HAS ACCUMULATED AND STOLEN.

Our initial actions are very important because they will give creditors like IMF, world Bank etc confidence that we are eager to fight corruption and use every coin given to us in a prudent and progressive manner to alleviate poverty.

Yours in service

SCS

PF DISOWN PAUL MOONGA

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PF DISOWN PAUL MOONGA

By Watch Reporter

The Patriotic Front says it will not be part of the reckless statement issued by its Lusaka Province Chairman Paul Moonga accusing the Constitutional Court Judges of receiving bribes in order to pass a verdict against President Edgar Lungu in an event that his nomination in the August 12 general election is challenged.

Mr. Moonga is quoted as having threatened Constitutional Court Judges too.

But PF Deputy Secretary General Mumbi Phiri says the statement attributed to Mr. Moonga is not the party position.

“The Patriotic Front wishes to distance itself from the reckless statement attributed to our Lusaka Province chairman Mr. Paul Moonga suggesting that the party has information and evidence to the effect that the opposition want to bribe judges. In this regard the Party
wishes to take this opportunity and set the record straight,” said Ms.
Phiri.

She explains that the PF thrives at promoting good governance, respect of the rule of law and the independence of the judiciary and therefore, will not allow its structures to take a position which has the potential to create anarchy in the nation.

Ms. Phiri says the PF is a strong believer in the separation of power.

“The PF leadership and its structures at all levels of governance respects the rule of law, and henceforth, upholds and promotes the independence of all the three arms of governance, namely the executive, legislature and the judiciary. The Patriotic Front, believes in the sanctity of the separation of power and therefore, does not believe in disrespecting or issuing statements that have the potential to undermine the existence of the very institutions that holds and supports good governance in the country,” said Ms. Phiri.

She said suggesting that the party has intelligence evidence that the opposition was scheming to bribe judges was not only misleading but lacks blessings from the top party leadership.

“As a Party in power we shall not allow any attacks on the judiciary or statements that have the potential to create or indeed promote anarchy and denounce constitutionalism in our country. We wish to guide our party structures to seek guidance on matters that may have a negative bearing on the institutions of governance. The statement attributed to our chairman is not only misleading but fall short of the blessings from the party leadership,” said Ms. Phiri.

CHRIS ZUMANI ZIMBA A HUNGRY CITIZEN- Sikaile Sikaile

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CHRIS ZUMANI ZIMBA A HUNGRY CITIZEN

I first came to know Mr Chris Zumani Zimba when he was a lecturer. The young man was very instrumental and during his lessons he talked about current affairs in our nation and advised his students to stand up for Zambia.

Every day without fear he reminded us how pathetic Lungu’s leadership was and the need to remove him at all cost before Zambia is finished. Personally, I agreed with him and I had confidence in him that if higher learning institutions could have more of such courageous citizens like him then, alot of young people would be equipped with sufficient knowledge about national matters. One particular day we had a discussion about Zambia’s political future democratic wise and after class I wrote an article about the same and fortunately enough it was in the media Mast News paper the following day and we got a copy from book world.

Little did I know that he was talking simply because he was a hungry man and not as a concerned citizen. On several occasions he castigated Edgar Lungu’s regime for human rights violation and blamed it on his political advisors. Fortunately enough Mr Lungu appointed him as his new advisor for politics a situation that shocked main citizens who saw his daily posting rebuking president Lungu. One time he told me that look Sikaile, there is no way this country can develop because Lungu is a play boy and a midiocre who only want to move around the world like vasco dagama.157371604_264688698431505_5032613623273153891_n

My message to my lecturer turned bootlicker Mr Chris Zumani Zimba is that sir you are a disgrace to our nation Zambia. How many people has state agents and PF Cadres killed since you become the political advisor to Mr Lungu? I have decided to remind you because today you are actually in the midst of planning evil things some of these stupidities we see being implemented in the country. It is shocking that you have sold your soul to the devil for the love money and not humanity. In political science we are taught to stand for the less privileged but how many Zambians are you protecting today Mr ZUMANI apart from your stomach?158283158_264688725098169_1717513738905962105_n

Indeed poverty is evil, it takes away peoples integrity. Always remember that one day you will be a common citizen like myself and what are you going to say now? Good lucky as you enjoy blood moneys from those oppressing Zambians. As a political advisor to the president you should have stopped him and his government killing citizens. But since you are there for money enjoy it whilst state house continue killing innocent citizens.

Sikaile C Sikaile
Good Governance and Human Rights Activist for Zambia and Amnesty International

Dickson Jere eyes Matero seat

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DICKSON Jere is a seasoned journalist and lawyer.

So, his name is of different concerns to the media and the legal fraternity in Zambia.

But in Matero Constituency of Lusaka Province, Jere is not even a journalist or lawyer but a home-grown product.

It is for that reason that Jere, a former special assistant for press and public relations to fourth Republican president Rupiah Banda, is aspiring to contest as a member of parliament in Matero Constituency this year, on the PF ticket.

He shares with Mwebantu and Kalemba that he was born and bred in Matero and hence his strong connection to the highly populated area.

He says he started midday school at Matero Community Hall (welfare) or “olofeya” as it used to be called in the local lingua.

“I did my primary school at the then Matero Boys Primary School which has now been transformed into a full-fledged secondary school and changed its name to New Matero School,” Jere says.

“So my formation year was done in Matero and I resided initially at house number 4077B in Maiteneka area before we moved to house number 996 in Chito road where my parents still live. So typically, I am a Matero boy through and through!”

Jere then proceed to Munali Boys Secondary school from grades eight to 12.

“I know most people think I went to Matero Boys Secondary School because I was a fixture in the school study centre as well as playing fields,” he says.

He notes that he just turned 45, something he brands as a golden age. Jere then delves into his journalism background.

“I started out as a journalist after obtaining a diploma in journalism and public relations at Evelyn Hone College. I practised as a journalist with a number of local and international media organisations,” Jere shares.

“I also practiced as a public relations man when I served as special assistant to the President for press and public relations. Before then, I was a chief analyst for press and public relations at State House. So I am a media guy in that regard.”

Jere then went to the University of Zambia (UNZA) where he studied for a degree in Law (LLB) and later obtained his bar practice certificate at the Zambia Institute of Advanced Legal Education (ZIALE).

Today, he is running his own law firm called Dickson Jere & Associates in Lusaka.

Still about academic credentials, Jere explains that he also studied at a post-graduate level where he did two Masters’ degrees, almost at the same time.

“I hold a prestigious Masters In Intellectual Property (MIP) from Africa University in Zimbabwe and another Masters’ degree in human rights from University of Lusaka where I graduated as best student,” Jere says.

“Professionally, I also studied for membership of the Chartered Institute of Arbitration (UK) and currently pursuing new advanced qualifications of Fellowship of the Institute. So, I am very grounded academically and professionally in both law and media.”

Jere is aware that serving as a member of parliament is not only about academic badges. So he shares his vision for Matero and it’s not short of pageantry.

He notes that his main focus on Matero is to make it a must-visit place in Zambia.

“The same way we flock to Soweto when we visit South Africa is the same way I want every visitor to Lusaka must go; Matero must be a tourist destination,” he says.

“Therefore, we need to improve on security in the area while the private sector sets up best structures. We need best restaurants, sports facilities, car wash and so on… everything must be found in Matero. The nightlife must be next to none!”

He further talks about development, as we know it.

Jere says he has personally done many developmental projects in the constituency.

He shares that he has set up computer laboratories in schools and helped to drill water points in markets.

“I have started building police posts on some areas with the communities and working on improving sports facilities,” Jere explains.

“But the major challenges have been the road infrastructure and sanitation. I think we can tackle that with the central government. I am equal to the task!”

As a lawyer, Jere believes that will help him to emphatically add the voice of Matero in Parliament.

“I love debates and I think I will actively participate in lawmaking in Parliament very effectively,” he promises, further underscoring his dislike for violence.

“I hope we shall play clean politics. So far, I am telling my team to be disciplined and avoid hostilities.”

To be more succinct, Jere points out that he wants to be the member of parliament for Matero because: “I am equal to the task.”

“I have the necessary experience and exposure for the job. And I also I want to give back to my community in a special way like being their servant at their disposal,” he says.

Meanwhile, Jere recalls that in 2016 he was the preferred candidate for Matero but that the PF opted for someone else.

“So, I am ready to give it another shot and I am hopeful that this time around I will be considered,” concludes Jere.

“It will be a great honour to be PF flag-bearer in the 2021 presidential and parliamentary polls.”

Mwebantu

MEET MAJ. RITA MWEETWA, ZAMBIA’S FIRST FEMALE HELICOPTER PILOT AT ZAF

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MEET MAJ. RITA MWEETWA, ZAMBIA’S FIRST FEMALE HELICOPTER PILOT AT ZAF.

By CHRISTINE MWAABA

AS Zambia celebrates International Women’s Day with the global community, it is important to reflect on distinguished women, especially those who have defied odds to venture in fields that thought to be perseved of men.

Maj Rita Mweetwa, Zambia’s first female helicopter pilot aged 29, is one of the women who deserve recognition and appreciation.

Maj Mweetwa has undoubtedly made history for taking up a position that was once believed to be only for men.

The determined helicopter pilot has made an incredible stride in gaining recognition by proving that women can take up tasks that people think can only be done by men

“When I am flying a helicopter, the aircraft does not look at the pilot whether one is a woman or man. All that is needed is for one to have the competence to fly it regardless of gender,” she said. .

Conquering the awesome skies has not been seen as a feat meant for the average woman who, according to local tradition, has her place tied to the kitchen.

Born in 1991, Maj Mweetwa completed her secondary school at Fatima Girls secondary School in Ndola in 2008.

She got six points at grade 12.

This success was the beginning of an unbelievable career journey that was nothing but a humbling experience and bravery of a young woman who believed in taking up a challenging career.

After her secondary school, Maj Mweetwa wanted to be a medical doctor

particularly a neurosurgeon. However, when she heard that the Zambia Air Force (ZAF) was recruiting, she applied and was among recruits
selected in 2010.

“When I joined ZAF, I wanted to be a doctor but unfortunately they were only recruiting qualified professionals as doctors, so I was advised to choose another profession under the direct entrants,” she said.

She opted to go for flying training as a pilot because she wanted a challenging career that would help her reach full potential.

Maj Mweetwa recalls how she opted to be a pilot as her second career option as she wanted to pursue a male dominated career.

In 2010, she pursued her basic and advanced training at flying training school in Livingstone.
She was the only female in the course of 18 during her training.

Maj Mweetwa noted that despite being the only female in her class, she was given the same opportunities and tasks as her male counterparts.
While in Livingstone, Maj Mweetwa flew aircrafts like the Saab MFI-15 as well as SF-260-TW.

In 2012, she was posted to Lusaka for her helicopter training at the ZAF training school.
At the time, ZAF did not have any female helicopter pilot as it was a male dominated area of training.

“I wanted to be a helicopter pilot because it was challenging and at the same time no female pilots had flown helicopters, but most of my colleagues would tell me that only men can train as helicopter pilots as they could stay away from home for long periods,”

Her colleagues told her she could not stay away from home for long periods when she becomes a wife and a mother,”she said.

Maj Mweetwa did not give up on her dream and kept on working hard so that she can one day train as helicopter pilot.

Fortunately in 2012, her dream actualised and she was the first femaleto be selected to train as the first helicopter pilot.

(Story courtesy of Times of Zambia)

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Is Meghan and Harry’s Oprah interview a bigger crisis for the monarchy than the Diana scandal?

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Is Meghan and Harry’s Oprah interview a bigger crisis for the monarchy than the Diana scandal?

… the answer is YES because this time the entire Commonwealth is watching the colonial RACE card, and now the big question, why hasn’t the Queen issued letters to give Archie (Megan and Harry’s son) the title of Prince as she did with Kate and Willam’s children?

MARCH 08, 2021

London (CNN) — “I just didn’t want to be alive anymore.”

Meghan’s powerfully honest admission in her conversation with Oprah is likely to be as explosive as Princess Diana’s sit-down with the BBC’s Martin Bashir back in 1995 — which helped spark a crisis that took the monarchy years to recover from.

The Duchess of Sussex’s words could potentially be even more seismic than the late Princess of Wales’s because the questions she raises are harder for the palace to answer.

Harry told Oprah: “What I was seeing was history repeating itself, but more, perhaps — or definitely far more dangerous, because then you add race in.”

For Meghan, the feelings of loneliness and isolation that drove her to suicidal thoughts were only compounded when, in her last months of pregnancy, she was told their newborn would not be given a title. Being a prince or princess was of little consequence to couple — except that that withholding a title meant their child wouldn’t have the security that comes with it.

“It’s like, okay, well, he needs to be safe,” Meghan explained. “But if you’re saying the title is what’s going to affect their protection, we haven’t created this monster machine around us in terms of clickbait and tabloid fodder. You’ve allowed that to happen, which means our son needs to be safe.”

Meghan then disclosed that there had been “concerns and conversations about how dark his skin might be when he’s born.” Visibly shocked, Oprah pressed the Duchess, who explained Harry had several conversations with unnamed royals.
“It was really hard to be able to see those as compartmentalized conversations,” Meghan continued. When asked by Oprah if the concern was that “if he were too brown that would be a problem,” Meghan said she wasn’t “able to follow up with why.”

“But that — if that’s the assumption you’re making, I think that feels like a pretty safe one, which was really hard to understand,” she added.

Harry refused to elaborate on the specifics of the conversation later during the interview and only added that “at the time, it was awkward. I was a bit shocked.” The Duke did offer that it wasn’t the first time the subject had been raised; in fact, it had been broached “right at the beginning.”

“There were some real obvious signs before we even got married that this was going to be really hard,” Harry added.

CNN has reached out for comment from the palace but had not heard back by the time of publishing. However, any statement will be viewed by many as a response to the charge of institutional racism.

Meghan remarks to Oprah have sent shockwaves after she said the impact of life as a working royal drove her to suicidal thoughts.

Then there’s the claim the monarchy failed in its duty of care for Meghan when she had “very clear and very scary” thoughts of suicide. Meghan says she tried and failed to appeal to a senior staff member and the palace’s human resources department, but wasn’t offered any support.

“I went to the institution, and I said that I needed to go somewhere to get help. I said that ‘I’ve never felt this way before, and I need to go somewhere.’ And I was told that I couldn’t — that it wouldn’t be good for the institution,” the Duchess revealed.

It was only after they were married that Meghan truly appreciated what she had taken on.

“Not only was I not being protected but that they were willing to lie to protect other members of the family, but they weren’t willing to tell the truth to protect me and my husband,” she said.

Meghan used a story that leaked many months after her wedding as an example. The report claimed Meghan had made Kate, the Duchess of Cambridge, cry during a dress fitting for the flower girls but the Duchess of Sussex said it was actually the other way around.

“The narrative about, you know, making Kate cry, I think was the beginning of a real character assassination,” she said. “And they knew it wasn’t true. And I thought, well, if they’re not going to kill things like that, then what are we going to do?”

Meghan said it was a stressful time and opted not to elaborate further as Kate had apologized and all was forgiven between them but “what was hard to get over was being blamed for something that not only I didn’t do.”

The tete-a-tete with Oprah was billed, in the weeks leading up to it, as a bombshell broadcast and it did not fail to deliver. When compared to Diana’s interview, it will easily go down in history as being as (if not more) disruptive, given the shocking revelations around race and the prevalence of social media today.

For many Black and mixed-race people both in Britain and around the world, Harry’s choice in life partner really held meaning. For some, the fact that a biracial woman was marrying into the royal family was something they never imagined, and it made the family more relevant.

To now discover that the perceived optics surrounding the color of their future children’s skin was being considered will horrify people. The question now is: How will the palace respond? And, more importantly, will it take any action on the accusations of racism leveled at it? It’s already faced questions about its relevance, it must now rebuild trust and show that it can hold itself to higher standards.

The royal family was able to survive the Diana scandal because it restored the public’s faith in the institution — aided by the world’s interest in her two sons, William and Harry, and the women they married. What “The Firm” does next, in response to this profound interview, and the revelations in it, will determine if it can long-term overcome the damage sustained from losing Harry and Meghan — two of its most loved senior royals — from its ranks.

The duty of any monarchy is to represent all its subjects but some people will feel today that it no longer applies to them.

FROM THE ROYAL VAULT

The royals have been the subject of countless movies, TV shows and documentaries but it’s their rare one-on-ones that are often the most revelatory.

In 1995, Diana participated in an explosive interview for the BBC’s Panorama program. Prince Charles and Diana had separated three years prior and Charles had sensationally admitted to having an affair with Camilla Parker-Bowles after years of tabloid speculation in a documentary released in 1994. But it was Diana’s simple utterance “Well, there were three of us in this marriage, so it was a bit crowded” that turned her sit-down interview into of the most-watched moments in UK broadcasting history.

More recently, the Panorama interview was back in the news after the BBC launched an internal inquiry amid allegations that journalist Martin Bashir had used dishonest practices to acquire the interview with the Princess of Wales. However on Thursday, British police announced they were not going to pursue any further criminal investigation into the claims after obtaining legal advice from their lawyers, independent counsel and from the Crown Prosecution service.

Body of African woman buried ‘secretly’ by lover in US exhumed

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After months of twists and turns on the feud over the death and “secret burial” of a Kenyan woman in Dallas, Texas in December, her body has been exhumed following a court order.

Dorothy Bosibori Ongera, 35, was buried by her partner in the US on December 28 after she accidentally drowned at home.

On Friday, a US court in Tarrant County, Texas issued the order following a petition filed by her father David Ongera.

At the time, Ms Bosibori, a mother of six, was living with Obadiah Kinara, with whom she had three children.

Last month, the father narrated to a US court his anguish on how his daughter’s remains were secretly sneaked from a morgue and buried at Emerald Hills Memorial Park in the US without their permission.

In the case that was streamed worldwide via YouTube and Facebook, Mr Ongera asked for orders to exhume the body for an independent autopsy to establish the cause of her death.

The judge, during the hearing of the case, barred parties from interfering with her remains until the matter is determined.

“After the exhumation, there is no person with the powers to direct the cemetery as to the disposition and whether or not an autopsy shall be performed,” the court-ordered.

A hearing to determine who has the right to bury the deceased will commence on March 23.

The family questioned the motive of Bosibori’s partner for secretly burying her body in a public cemetery, saying he had no legal rights to do so as he was not the next of kin or husband.

Ongera said Mr Kinara had no legal right to bury her daughter’s remains as the two had no legally recognisable relationship accusing him of isolating them from burial arrangements.

“The only time I saw my daughter was on December 16th. I was never allowed to view her body. All family members, including her children, were barred from the burial ceremony,” Mr Ongera told the court.

In an interview with Nation last month, Kinara dismissed claims that he had a hand in her death, saying pathologists concluded that her death was due to accidental drowning.

Mr Kinara said he took the decision to go public because of “a campaign to portray me as a murderer despite no active investigation by law enforcement agencies”

“I loved my wife and I’ve been deeply hurt and affected by the social media campaign orchestrated by my in-laws to create the impression that I had something to do with the death,” said Mr Kinara.

“I believe some people are doing this because they are targeting my children and the insurance payouts,” he added.

The US laws only recognise Mr Kinara as Ms Ongera’s next of kin regardless of marital status because they have three children and lived together until her death.

The death has since become an international social media sensation because her father and other family members dispute the circumstances surrounding her sudden death and burial.

They accuse Mr Kinara of allegedly attempting to cover up her death by “hastily” having her buried “without our knowledge”.

Meghan claims palace had concerns about how dark Archie’s skin would be

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Meghan claims palace had concerns about how dark Archie’s skin would be

Meghan Markle has told Oprah Winfrey that she experienced suicidal thoughts over how she was being treated after marrying Prince Harry and spoken of the anguish she had over discussions about her son that ranged from questions about his skin colour to the decision that he would not get a prince title.

In their pre-taped interview that aired today, Meghan told Winfrey that “not only was I not being protected, but they were willing to lie to protect other members of the family, but they weren’t willing to tell the truth to protect me and my husband.” She did not give specific examples.

She said when she was first pregnant with son Archie, there were “concerns and conversations about how dark his skin might be when he’s born.” The statement led Winfrey to ask “what” incredulously and sit in silence for a moment.

Meghan declined to say who had this conversation with Harry that he relayed to her, saying revealing their name would be “very damaging.”

Meghan also said she was stunned when she was told he would not be a prince and would not receive security from the palace.

Meghan said she did not worry about being a divorced, mixed-race American actress entering the British royal family, but later she “thought about it because they made me think about it”.

Meghan said it was not so much the royal family members themselves who treated her this way, but the people behind the institution.

She emphasised that the queen herself “has always been wonderful to me.”

Meghan also revealed that she and Harry were technically married a few days before the ceremony watched by the world.

She told Winfrey that she had suicidal thoughts after marrying Harry, and the palace prevented her from getting help.

Meghan told Winfrey she “just didn’t see a solution” to the mental suffering she had experienced since joining the royal family and that she told Harry she “didn’t want to be alive anymore.”

“It was a very real, clear and frightening constant thought,” she said.

She said she went to a senior royal staffer and said she needed to get help for her mental health, but was told it would be bad for the family if she did.

She described the moment as a breaking point leading to her and Harry stepping aside from their royal duties.

Meghan said she “wasn’t planning to say anything shocking” during the interview, “I’m just telling you what happened.”

Prince Charles stopped taking Harry’s calls. Winfrey asked whether Harry blindsided the Queen when they announced they were stepping away from the royal family.

“No. I’d never blindside my grandmother, I have too much respect for her,” he said.

“When we were in Canada I had a conversation with my grandmother and two conversations with my father … before he stopped taking my calls.”

According to the Daily Mail UK, asked where the story the news was a shock to the Queen came from, Harry guessed it was “from someone inside the institution”.

PUTTING TO REST LUNGU’S ELIGIBILITY DEBATE

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PUTTING TO REST LUNGU’S ELIGIBILITY DEBATE

We hope those who are struggling to understand where the President stands in terms of his eligibility can find this explanation easy and informative as we did.

THE ARGUMENT
Those supporting the President’s position appear to rely primarily on the provisions of Article 106(6)(b) of the amended constitution. Their argument can be summarised as follows:

Although Article 106(3) prevents a person who has twice held the office of President from standing again for that office, there is an exemption under Article 106(6)(b) that would make President Lungu eligible to run again. Article 106(6)(b) states that a person who was elected to the office of President shall only be deemed to have served a “term” if he served for three or more years. President Lungu only served for 18 months and did not therefore complete a “term” Under Article 106(1) of the constitution, a term of office lasts 5 years.

To try and settle this matter, we can ask two questions, the answers to which would have to be “yes” in at least one instance in order for President Lungu to qualify to stand again for an election:

1. Was President Lungu elected into office in 2015, as a result of the existing Vice President being unable to automatically assume the office of President”?

2. Do the words “hold office” and “held office” in Article 106(2) and (3) mean the same thing as “term of office” in Article 106(1)?

RESPONSE TO QUESTION 1
In order to qualify under Article 106(6)(b), President Lungu would have to have been elected as a result of the person who would immediately have assumed the office of president (following the death of Mr. Sata) being unable to do so. This was not the case. Elections in 2015 were not held because there was no immediate successor eligible to automatically assume the office of president; they were held because the constitution required a fresh presidential election, regardless of availability of a suitable successor.

To put this response another way, for a person to qualify for the exemption under Article 106(6)(b), that person has to have been elected to the office of president as a result of an election held in accordance with Article 106(5)(b) – an election resulting from the fact that the Vice Presidential running mate could not immediately assume the office of the president without an election. Such a situation has not arisen before and could only arise after the constitutional amendment had taken effect (i.e. after the amended constitution was passed by Parliament and activated). Since,therefore, this procedure was not available under the pre-amendment constitution, the answer to Question 1 would be “no”, meaning those arguing that the President can stand again in the basis of Article 106(6)(b) cannot proceed on this basis because the three year exemption does not apply in this instance.

RESPONSE TO QUESTION 2
The second question lies at the heart of the confusion surrounding this issue. It is without doubt, the more complex question and is based on an interpretation of the word “term”.

Those that say the President can stand again believe that a “term of office” for a president is five years. This is correct. However, it is not necessarily the same thing as the period when a President is deemed to “hold office”.

To “hold office” is simply to be sworn into office and serve as President until the next person is sworn into that office. This is abundantly clear from Article 106(2) which states:

“A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office”.

We can state this another way: although a presidential term is five years, a person can “hold office” for less than five years. The restriction in Article 106(3) does not use the word “term”; it uses the words “hold office”:

“A person who has twice held office as President is not eligible for election as President”.

Note that the constitution does not say:

“A person who has served two terms shall not be eligible”.

If the constitution had used the words “term of office” instead of “held office”, the President could well stand again because a term of office is at least five years. However, “holding office” is only the period between two swearing-ins. This could be five years or it could indeed be eighteen months.

The restriction on holding office is contained in Article 106(2) which states:

“A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office”.

The question to ask, therefore, is this: did President Lungu hold office from the date he was sworn-in, in 2015 to the date the next President (i.e. himself) was sworn-in, in 2016? If the answer to this question is “yes” then he has already held office once. If he resigns tomorrow and his office falls vacant and Mrs. Inonge Wina is sworn-in, he will have “held office” twice even though he will not have served even one term.

It appears that the expressions “term of office” and “hold office” (or “held office“) do not mean the same thing.

If that is the case, it will not matter that President Lungu did not serve for more than three years when he was sworn-in the first time because he will still be deemed to have “held office”, whatever length of time he served. The restriction in Article 106(3) is therefore not in relation to whether a president has served a “term of office”; it is about whether a president has “held office”, which is an entirely different thing.

For completeness, it should be pointed out that the exemption under 106(6)(b) only applies where there is a vacancy in the Presidency after the coming into effect of the amended constitution and not before so it cannot be relied upon to justify the argument in favour of another attempt at the Presidency where a person held office under the pre-amended constitution.

CRITICAL ANALYSIS OF 2011 CHANGE OF GOVT ONLY SHOWS WIND OF CONTINUATION IN FAVOUR OF ECL – Marvin Chanda Mberi

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CRITICAL ANALYSIS OF 2011 CHANGE OF GOVT ONLY SHOWS WIND OF CONTINUATION IN FAVOUR OF ECL

By: Marvin Chanda Mberi

The change of Government is not just elicited on the voting day.

Change of Government traces its origin from the series of events that take place prior to the polls.

As much as there can be a few economic mishaps, the notion that they can translate into change of Government is mere wishful thinking meant to give those who have desperately attempted to use misfortunes as a way to seeking temporary relief from the awaited rude shock which will come with their imminent defeat.

We are now compelled to add our voice on the wind of continuation and make a little contradistinction between the current political atmosphere with the events leading ousting of the MMD in 2011.

Prior to 2011, by February, 2011, nearly 30 per cent of the Rupiah Banda led Government had either resigned or displayed open defiance of the party President in preference of the PF.

The key figures such as George Mpombo, the late Mike Mulongoti, Ng’andu Peter Magande, Lameck Mangani, Maynard Misapa, Judith Kapijimpanga and others who commanded a following on the political battlefront were in the forefront to leading the rebellion against MMD.

In fact, President Sata had even started to strategically start bringing viable alternative knowing so well that the wrestle for power was titling in his favor.

PF was the bigger force and not just a force but a formidable force that had identified itself as a political alternative.

The other indication that showed that the change of Government was imminent was certainty on the leadership especially that it there was no change that was anticipated.

To the contrary, the largest opposition leader Hakainde Hichilema has not been consistent and his choice of the inner circle has been influenced and by principle but desperation to dilute his tribal tag.

Even he has confessed when he was unveiling his National Management Team that his appointments were not motivated by skills or competence of the appointees but he needed tribal balancing.

As regards the disintegration of the opposition at the 11th Hour, this is not consistent with the change of Government.

As much as UPND may wish to trivialize the relevance of the NDC, comparing with the pre-2011 era, the PF and its alliance with the Zambian people was intact and could not be shaken.

Another indication that in favor of the wind of continuation for PF is the performance in the by elections.

Prior to 2011 elections, the MMD only won in its strongholds while the PF won its stronghold and went greater lengthy to grab seats from MMD.

MMD had lost some seats to PF as an opposition.

The other events leading to the change of Government in 2011 were the massive strikes both in the civil service and among the working class especially the mining workforce on the Copperbelt.

By comparison, there has been no work protest in the civil service and the mining workforce.

In fact what has been reported are solidarity matches on the Copperbelt in favor of President Lungu and the PF.

We therefore find it strange to hear some sections of Zambians suggesting any change of Government when the key indicators are in favor of PF.

What has been seen is the wind of continuation.

Looking at the political environment, any claim suggesting the change of Government is highly deceptive.

What Does Edgar Lungu Still Want To Achieve That Other Capable PF Members Can’t Do?

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What Does Edgar Lungu Still Want To Achieve That Other Capable Patriotic Front Members Can’t Do?

Lusaka – 8th March, 2021.

Constitutional Lawyer John Sangwa, State Counsel, says the moment President Edgar Lungu files his nomination to contest the August elections, he will have committed treason by attempting to seize power by unlawful means because he does not qualify. I don’t agree with him but I wish to ask a simple question; if President Edgar Lungu means well for Zambia, why has he subjected the country he loves to a debate on his political self preservation?

I am an advocate for a new governance system that must prioritize development over political hegemony and I want every reader of this article to be sane and rational instead of being judgemental. Why should Zambia suffer just because of one person? What should the country support between the Patriotic Front manifesto and President Edgar Lungu’s political ambition which he never had in the first place?

It’s very clear that President Edgar Lungu has failed to identify and put those with the technical know-how and ability in key sectors needing such expertise with a view to realising sustainable development that must benefit an ordinary child in rural Zambia. Cadreship empowerment does not lead to development. I personally appreciate what the Patriotic Front government has achieved in the last 10 years but I equally believe that we could have achieved more if President Michael Sata had not died. We have lost so much to corruption and when it fits us, we choose who to arrest while families remain moaning because their own was killed to secure someone’s victory come August 12th, 2021.

I got arrested for pointing out corruption wrongs in government and nobody will say the Head of State was not aware of my detention at Ridgeway Police Post for seven nights on a bailable charge. Lately, after I wrote about the questionable debate about the Honeybee scandal where I reminded the nation that the man in the forefront of disciplining the former Permanent Secretary at the Ministry of Health actually had his K25bn expired drugs scandal swept under the carpet, Chanda John Chimba’s crew came to beat me up at Capello at Lewanika Mall where I was having a drink with my wife. What a coincidence!!!

I don’t write to campaign for anyone, I write to wake up people. This is not about Edgar Lungu and Hakainde Hichilema. It is about that child out there whose mother died while giving birth and family saw nothing about it, forcing it to go out on to the streets accepting life as it is lived while others read out speaches in Parliament on values and whatever we can call it. On several occasions, I have allowed editors on this page to post nonsense just so I learn from them. An average Zambian on social media is petty. That is my conclusion.

As a nation, we are in denial. We are lacking the necessary leadership to condemn the wrongs and uphold that which is necessary to develop this otherwise naturally rich country. Why is President Edgar Lungu clinging on to something he did not want in the first place? Why has this country deteriorated to debating elections instead of development? Do you realise the number of families you defranchise each time you kill businesses of those who choose to challenge President Edgar Lungu? Why should we kill to preserve the happiness of one family?

Let’s respect the tenets of democracy by allowing everyone to aspire freely for the highest office in the land without having to face all forms of intimidation which ranges from corruption allegations to propaganda about personal incompetency. Zambia is bigger than one person. Zambia needs a new chapter and I have no apologies to make on this issue because I care more about my country than I do about my party affiliation.

We have enough time between now and August the 12th to realise a new movement that must prioritize development over political power by the incompetent few. The intra-party elections in the ruling party have been marred by corruption and someone will want to make me believe that the Head of State is not aware. The question should be, what would have Levy Patrick Mwanawasa done in the face of this intra-party corruption? The one who answers correctly, is the one who should lead the Patriotic Front. Mr. President you are tired, rest a bit.

Mpandashalo Evans Mwewa
WhatsApp: +260 977 430702

©2021 Eagle One Zambia, Inc.
Journalism for social change

UPND is helping Akafumba and his rebel gang bring confusion in NDC – NDC Youth Chairman

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The Desperation of Mr. Akafumba and his rebel gang very shocking and worrying

08/03/2021

As youths in National Democratic Congress, NDC, we have watched, with dismay, the conduct of Mr. Rikki Josephs Akafumba and his rebel gang and we have come to the conclusion that the gang are in need of psychological help.

We have avoided to talk until now as we were very sure that they would easily come back to their senses before they took matters very far. The people involved are our parents and we have accorded them the utmost respect but if looks like they do not want to be treated as such.

It is worrying to see the gang rush in and out of court and create a case out of anything that comes out of their minds. What kind of law does Mr. Akafumba practice for him to keep coming up with such baseless claims?

They first claimed to have expelled president Chishimba Kambwili then later said that they did not. They then went to court, withdrew the matter and then are now back in court.

Registering a political party in this country is not very difficult. They are free to register their own party if they think that they are very popular.

Their claim that president Kambwili is not the president, while at the same time enjoying the positions that he gave them is a very laughable matter.

The invisible hand from a known political party that is helping them bring confusion in NDC will not succeed. Mr. Musenge had help from the ruling party but did not succeed, what of a fellow opposition party that does not even know what it takes to win elections.

I would like to urge the youths and general membership countrywide to ignore the rebel gang that the country has infamously began to call as Team Fluffy. Their court claims have had no law or facts and it is shocking, yet again, to note that the team is led by a lawyer. Is this the legal advise that he has been providing to the team?

I would also like to urge his close friend and ally Franklin Membe to stop mascarading as NDC Spokesperson. We do not want to be forced to talk about the bad cases that took him to court and got him jailed, because as NDC we can never have such a man be the face of the party. When a man is jailed for serious cases, we take it that when he comes out of prison he is a reformed person. But clearly Mr. Membe is not a reformed man and his criminal past proves that he is incapable of changing but will always choose the wrong side of the law and politics.

I strongly urge this group of disgruntled leaders to stop tarnishing the name of the party and president as the youths will now not sit by but take matters into our hands and deal with the gang firmly. This is 2021 and we have elections to worry about instead of worrying about oversized egos and selfish ambitions of this gang.

Issued by Charles Kabwita
NDC National Youth Chairman

Know Saulos Chilima the man who wants to be Malawi President one day

Saulos Klaus Chilima (born 12 February 1973, Ntcheu) is a Malawian economist and politician who is the current vice president of the Republic of Malawi. Chilima assumed office on 28 June 2020, winning the majority alongside presidential candidate Lazarus Chakwera. Chilima also serves as the current Minister of Economic Planning and Development, as well as Head of Public Sector Reforms, a position he previously held under the administration of former president Peter Mutharika. Before joining politics, Chilima held key leadership positions in various multi-national companies including Unilever, Coca-Cola, and Airtel Malawi, where he rose to become Chief Executive Officer.

In February 2014, Chilima was announced as the running mate of Democratic Progressive Party (DPP) presidential candidate Peter Mutharika for the May 2014 presidential election.

Disgruntled Saulos Chilima later left the ruling Democratic Progressive Party (DPP) to form the United Transformation Movement (UTM) and contested in the nullified 2019 general election.

Early life and education

Born on 12 February 1973 at Queen Elizabeth Central Hospital, in Blantyre, Malawi, Chilima is the first child of Henderson Brown Chilima of Ching’anga Village, T/A Njewa, Lilongwe and Elizabeth Frances Chilima of Mbilintengerenji Village, T/A Champiti, Ntcheu.[citation needed Chilima spent most of his early life in Blantyre where his parents were working and, like most children during his time, spent his long school (summer) holidays with his paternal and maternal grandparents in the villages of Lilongwe and Ntcheu, respectively.

Chilima did his primary school at HHI and Dharap primary schools, and his secondary education at the Marist Brothers Mtendere Secondary School Thiwi in the Dedza District. He went on to the University of Malawi, Chancellor College, where he graduated with a degree in social sciences in 1994. After working for a few years, he returned to his alma mater to pursue a master’s degree in Knowledge Management, graduating in 2006. On 10 August 2015, Chilima received his Ph. D in Knowledge Management from the University of Bolton in the United Kingdom.

Professional career

A marketer by profession, Saulos Chilima started his work career at Lever Brothers (Mw) Limited (now Unilever) before moving on to the Leasing and Finance Company of Malawi, and later Southern Bottlers Limited (now Castel Malawi). His last professional assignment was at Airtel Malawi where he was hired to lead its sales team before being named the first-ever local managing director for the company in 2010.

Chilima’s most notable professional career successes include spearheading the strategic and breakthrough projects at Airtel, namely Project Precision, Yabooka, Airtel Money, and a 3G network upgrade, which resulted in significant impacts on the business revenue and employee engagement, growing Airtel Malawi’s annual revenue by 75% over a period of three years from USD54m in 2010 to USD95m in 2013.

Political career

On 21 July 2018, Chilima launched his transformation movement called United Transformation Movement (UTM) towards formation of his political party to contest in May 2019 elections. On 1 February 2019 Chilima’s UTM held meetings with two other political parties and an alliance of smaller political parties aimed at forming a united opposition.

The other parties to the discussion were the Alliance for Democracy (Aford), former Malawi President Joyce Banda’s Peoples Party, and the Tikonze People’s Movement led by former Vice President Cassim Chilumpha. They agreed to field one presidential candidate for the May 2019 elections. Both Joyce Banda and Cassim Chilumpha later withdrew from the alliance citing “disagreement with the selection of a presidential running mate for the candidate of the upcoming election” as their reason.

In the 2019 Malawian general election that was later nullified, Chilima alongside Dr Michael Usi as a running mate came third with 20.24% of the popular vote and UTM won 4 seats in the National Assembly. The presidential election of 2019 was held again in 2020.

In the 2020 presidential election, Chilima contested the race as Lazarus Chakwera’s running mate for the Malawi Congress Party, in the Tonse alliance which brought up to nine opposition political parties with hopes to topple the Mutharika administration.

Outreach

Previously, Chilima also served as minister for disaster relief and public events.

Chilima is a member of the Leadership Council of Compact 2025, a partnership that develops and disseminates evidence-based advice to politicians and other decision-makers aimed at ending hunger and undernutrition by 2025,[10] and has written on the topic of malnutrition. He has spoken on sustainable and inclusive development and at international conferences on ending hunger.

Chilima Serving His Last Term: Not Eligible for The Presidency?.

The 2009 Constitutional Court ruling, which followed an application by former president Bakili Muluzi and his UDF party (applicants) after the Malawi Electoral Commission (respondents) had rejected his third term presidential nomination, stipulates that the Constitution limits the President as well as first and second-vice-presidents to serve only two five-year consecutive terms and stands in the way of Saulos Chilima’s presidency ambitions.

The ruling also restrains any presidential candidate from picking a vice-president or second vice-president as their running mate if they served the maximum two terms.

The interpretation puts Vice-President Chilima between a rock and hard place as he is serving his second term running up to 2025.

Delivering their judgement on May 16, 2009, the three judges, Edward Twea, Healey Potani and Michael Mtambo, who took substantial time to interpret tenure of office in the presidency, said the Constitution limits the terms that a person who has served a term as “President, First Vice-President or Second Vice-President, to a maximum of two consecutive terms.”

Malawi Law Society (MLS) in a response to a questionnaire said the judgement speaks for itself and is a binding one that settles the legal position as stipulated in the Constitution unless reversed by the Supreme Court or departed from by another High Court.

MLS said if, in spite of this clear judicial guidance, Chilima holds ambitions to contest for presidency, it would be advisable for him to take up a case in court and see if the Judiciary will change its mind on the matter and give a different interpretation to the provisions which were already interpreted in this judgement.

Asked if he was aware about this judgement and how he was planning to deal with this obstacle, Chilima through his spokesperson Pilirani Phiri declined to comment.

A GRADE 2 BOY WHO WAS BEGGING FOR FOOD AND MONEY FROM MOTORISTS LANDS SPONSORSHIP

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A GRADE 2 BOY WHO WAS BEGGING FOR FOOD AND MONEY FROM MOTORISTS LANDS SPONSORSHIP.

He revealed that all he wanted was money for food because the mother had not cooked for them and he had no idea where she was

A well-wisher has since come forward to offer school fees for the boy so that he resumes his education before turning into a street crook. Yona Phiri is a Grade 2 pupil at Lukumbu Primary School in Lusaka who has been spending his hours begging motorists to buy him food at Chainda market.

Yona Phiri’s journey of begging on the streets may have come to an end as well-wishers came forward to pay his school fees.
In a viral video, one motorist decided to interview the young man and why he was on the streets.

Contrary to the brother who seemed less aggressive, Yona’s impeccable command of English and revelation that he was borrowing for both himself and the mother blew the motorist and when the video made it on social media it shocked internet.

Asked why he was on the streets at that hour, he revealed that the father died a while back and his mother was yet to pay fees.

“I’m asking for a coin to buy food. My mom didn’t cook and I don’t know where she is,” said Yona.
He also added that he has four other siblings, who are all struggling with life, starvation and school fees like himself.

“You have to give me 20 kwacha for my mother and 10 kwacha for me,” he continued.

When handed the money K10 the young boy went ahead to slide it carefully into a makeshift wallet he made himself out of old carton boxes of Chibuku shake shake.158457336_458404232275605_2333786903010177768_n

Online bloggers who saw the video where moved by his intelligence but got worried that he would soon become a street crook if he was not saved from the urchin life.

The video soon caught the attention of a generous well-wisher who not only went out in search of the boy but also offered to pay his school fees to get him off the streets.

“This afternoon I went to Chainda Compound in search of Yona.. I managed to locate Yona Phiri and his family who welcomed me very well! I have heard their side of the story! God touched me and I have bought his mother a cellphone for easy communication.”

Said Mr Simon Mwila Mulenga.

“I also found East Point CEO Mr Tony Chisola Likai who has paid his school fees and will provide the family with basic needs,” he wrote on his Facebook.

It is hoped that the move will put the boy back into the school so that he receives an education that will, hopefully, change the fortunes of his family someday.

CIC PRESS TEAM

Jeff Bezos’ ex-wife, MacKenzie Scott marries a science teacher at her kids’ private school following 2019 divorce

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MacKenzie Scott, the world’s 22nd richest person and ex-wife of Amazon founder Jeff Bezos has found love again.

The 50-year-old, who is worth an estimated $53 billion, divorced the Amazon founder back in 2019 after 25 years of marriage.

She has now married Dan Jewett, a science teacher at the private Seattle Lakeside School where her children she shares with Bezos attend.

The private school where Jewett teaches and his wife’s children attend is for grades five to 12 and costs $38,000 per year.6045a544d61c7

The couple made their marriage publicly and spoke about their philanthropic plans in a post on the Giving Pledge – a site where billionaires and millionaires vow to dedicate a majority of their wealth to charitable causes.

In a statement on the Giving Pledge’s website, Scott said her philanthropic plans have not changed.

“My approach to philanthropy will continue to be thoughtful. It will take time and effort and care. But I won’t wait. And I will keep at it until the safe is empty,” she said.

Jewett indicated he plans to follow her lead. He said he intends to give away the majority of his wealth.

“I have been a teacher for the majority of my life, as well as a grateful student of the generosity of those around me,” he said in the Giving Pledge post. “This has meant doing my best to follow their example by passing on resources of all kinds—from time, to energy, to material possessions—when I have had them to give. And now, in a stroke of happy coincidence, I am married to one of the most generous and kind people I know—and joining her in a commitment to pass on an enormous financial wealth to serve others.”

Bezos, who shares four children with his ex-wife, said in a statement via an Amazon spokesman: ‘Dan is such a great guy, and I am happy and excited for the both of them’.6045a526b852d

The marriage comes after Scott and Bezos divorced after a 25-year-long marriage. The divorce settlement made her among the richest people on Earth, currently holding a $53 billion fortune according to Forbes after receiving a quarter of Bezos’ Amazon shares.6045a501ef818

The pair, who got married in 1993, first announced their separation in January 2019 shortly before the billionaire’s affair with Lauren Sanchez was exposed.

Lungu a brutal, heartless tin-pot dictator – Kalala

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I AM very frustrated, angry and disappointed with the mediocre performance of the PF regime and President Lungu in particular, says Jack Kalala.

Kalala says apart from being the most corrupt leader Zambia has had, President Lungu has also proved to be the country’s “most brutal, intolerant and heartless President”.

The former special aide to president Levy Mwanawasa was responding to Lusaka Province PF secretary Kennedy Kamba who recently criticised him.

Kalala told Kamba that he had served Zambia in foreign service with honour and integrity under the tutelage of veteran diplomat Vernon Mwaanga.

“Kennedy Kamba, the Lusaka PF provincial secretary has issued a statement in response to my earlier statement to The Mast in which I appealed, among other things, to the European diplomats to call President Lungu to order for the abuse of governance institutions. Kamba’s reaction is a sign that the message got home. I am grateful to the media for making it possible,” Kalala said. “As Kamba rightly said, I am as a citizen but not a UPND cadre, very frustrated, angry and disappointed with the mediocre performance of the PF regime and President Lungu in particular. President Lungu himself has publicly admitted that things are not okay and that there is a lot of suffering in the country. Lest Kennedy Kamba does not know, I am a well-versed diplomat myself.”

Kalala said the people he closely worked with, among them, heads of security wings, could confirm that he was one of the best heads of mission.

“They indeed appreciated the service that I rendered to my country. I would like to educate Kamba, a former street brute, that Western diplomats whose sending countries massively help Zambia have an interest in how the affairs of Zambia are being run. On behalf of the governments they represent, they have a right to speak out on governance issues and human rights,” Kalala said.

He said Kamba should learn that donor countries heavily fund the ministries of health, education and social services to help Zambians live decently.

Kalala noted that Kamba had unfortunately no capacity to read and understand the national budget, otherwise he would have realised that donors fund a large part of the country’s budget.

“Being substantial funders of our budget, they have a right, as stakeholders, to ensure that there is good governance, accountability and transparency in the running of our affairs. They are the eyes, ears and mouth of their respective governments. The funds they give are not for PF but meant to help the people of Zambia. It is therefore important that when the regime fails to manage national affairs properly, the diplomats accredited to Zambia should speak out to voice their concern openly. This would help Zambians to see the need to vote for responsible and credible people of integrity to manage national affairs in an appropriate and responsible manner,” Kalala said.

“Where was Kennedy Kamba in 2011 when some of us decided to openly campaign for PF and President [Michael] Sata? He was in MMD, disparaging Sata and fighting his supporters. After we helped PF to win, Kamba jumped ship overnight to join PF.”

He said Kamba now wants to be more PF than those who had sacrificed so much to make PF win.

“Kamba should just shut up and quietly eat the looted money he is being paid. Kamba and his sponsors who write statements for him should also know that I am one of those who fought for the reintroduction of multiparty democracy in our country,” Kalala said. “Had we not stood up at that time to challenge the system, UNIP would still be in power today; PF would not have been formed and President Lungu would not be enjoying the luxury of the State House today; he would be in Chawama doing what he was best at.”

He said Kamba and his fellow PF surrogates should be grateful that there were courageous people like him and many other unsung heroes who had stood up to demand the reintroduction of multiparty democracy whose fruits he was now enjoying.

He maintained that President Lungu’s leadership was the worst Zambia has had since independence.

“He [President Lungu] himself confessed that he had no vision and did not know what to do. The projects that PF is implementing are contained in the Vision 2030 formulated by the president Mwanawasa administration of which I was part,” he said.

Kalala said when President Lungu ascended to power, he found the dollar trading at about K7, but was today at K22. He said the inflation rate was at eight per cent, but was currently 22.2 per cent.

Kalala said under President Lungu’s tenure, the prices of commodities had skyrocketed, making life extremely miserable for many Zambians.

“Due to his reckless borrowing, the national debt stock has shot up to more than $20 billion from about $3 billion. Zambia’s credit rating is in the negative. Zambia’s economic performance under President Lungu is below par. The country has even started defaulting to service its debts, which is an embarrassment to the country,” Kalala said.

He said President Lungu had proved to be a tin-pot dictator who does not tolerate opposing views in a democratic dispensation.

“He has since closed The Post Newspaper and Prime TV. He has monopolised ZNBC, the national broadcaster. Instead of working to unite the country, he has promoted tribal division and exercised tribal discrimination in appointments to public service positions. He has also promoted and tolerated political violence. Instead of creating jobs for the youths, he has used them as tools of violence and brutality against his opponents,” Kalala said. “Apart from being the most corrupt leader Zambia has had, he has also proved to be the most brutal, intolerant and heartless President. Although he is Constitution-barred to stand for the third term, he has bought machines of death to kill citizens in order to maintain himself in power.”

Kalala said as a responsible citizen, he would “certainly vote for change” on August 12 and urged other “patriotic citizens” to do likewise.

He said the nation and responsible citizens cannot afford to allow the brutal, incompetent and divisive PF regime to continue beyond 2021.

“Between UPND and PF, UPND is a far much better alternative. [UPND leader Hakainde Hichilema] would be a far much better president than the corrupt, incompetent and self-confessed visionless Lungu,” Kalala said. “If a poor person becomes ultra-rich in a short period after joining government, it simply means that he is corrupt and a thief because government is not a business for anyone. It is an institution to provide service to the people.”

He argued that Hichilema would not go into government to enrich himself, unlike President Lungu who had used his position for personal benefit.

“From his personal wealth, HH helps other people in need, which shows that he has a heart for other people. Some of the beneficiaries of his benevolence are [PF deputy media director] Antonio Mwanza and [diplomat] Brian Hapunda whom HH sponsored gratis to university,” he said. “It is regrettable, immoral and lack of gratitude on their part to be fighting and disparaging a person who helped them at the time of their need. Can President Lungu tell the nation which people he sponsored to university when he was in Chawama?”

Kalala said Hichilema would certainly strive to make Zambia better than it is now.

“He will also work to unite the country unlike President Lungu who has proved to be divisive, corrupt, incompetent and undemocratic,” he said.

Kalala urged Zambians to vote for a person who would serve them with honour and integrity, not ‘ba mwankole’.

 

If they don’t change their ending will be very bad

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This week the Human Rights Commission woke up from its slumber and made very important pronouncements on the rights to life and the freedom of assembly.

These are pronouncements this Human Rights Commission has been failing or ducking to make for a long time. We know that complaints have been made to it but it has failed to pronounce itself in all these cases.

We can actually conclude, and without malice, that the Human Rights Commission is an accomplice in these violations of our people’s freedom of assembly and indeed expression that has resulted in these deaths.

However, one can say it’s better late than never.

The Human Rights Commission makes some very important findings: – the police killed Nsama Nsama Chipyoka and Joseph Kaunda; there was violation of the right to life by agents of the state which amounts to extra-judicial killing; the police command gave orders to inter alia fire live bullets and that the orders were directly linked to the indiscriminate use of live ammunition, the discharge of tear smoke, the display of warfare tactics and the excessive use of force; former Lusaka Province Commissioner of Police, Nelson Phiri, gave orders to police officers to fire at the people that had gathered. But the Human Rights Commission stressed that in line with principle number 26 of the Basic Principles on the Use of Force and Firearms, obedience to superior orders shall be no defence if the law enforcement officer or officers knew that an order to use force and firearms resulting in the death or serious injury of a person was manifestly unlawful and had reasonable opportunity to refuse to follow it and that in any case responsibility rests on the superior who gave the unlawful orders; the indiscriminate use of force and live ammunition by the police was alarming; comments by some members of the Executive may have contributed to police violence on unarmed citizens and that a few days before the fatal shootings, the Minister of Home Affairs, Stephen Kampyongo, issued a statement warning that no person or groups of persons would be allowed at or near the premises of the Zambia Police Service Headquarters where the opposition leader would appear for interviews. He warned that those who would defy the order would be met with police force.

Lusaka Province Minister Bowman Lusambo specifically directed the Lusaka Commissioner of Police, Nelson Phiri, to deal with anyone who would offer solidarity to Hakainde Hichilema. During the virtue 2020 4th Quarter Provincial Development Coordinating Committee (PDCC) meeting which he was chairing on 22nd December 2020, Lusambo directed as follows: “Let me take this opportunity through you Permanent Secretary, to Lusaka Police Commissioner if he is here or if his representative is here, Mr. Nelson Phiri, that tomorrow, I don’t want any noise in Lusaka Province or Lusaka District. I have heard that there are some people who are planning to come to Lusaka, to offer solidarity to the suspect who has been called by the police. I want to urge you, and I direct you Commissioner of Police Lusaka Province that police have only called one person, they have only called one person, and we expect only one person to come alone. And if they want to come bring confusion, you know your job very well, you know your job very well”.

The Commission strongly believes that such statements from some members of the executive could have contributed to arbitrary action by the police which resulted into the shooting to death of the duo.

[That] there was blatant violation of the right to freedom of assembly; the use of excessive force by the police in the name of maintaining law and order violated the constitutionally guaranteed right to freedom of assembly and was inconsistent with the constitutional mandate of the Zambia Police Service of upholding the Bill of Rights as enshrined under Article 193 (2) (e) of the Constitution of Zambia [Amendment] Act No. 2 of 2016; there was no justification for the police to use force and firearms to disperse an assembly of people who were peaceful and unarmed.

Even if an assembly may have been considered to be illegal or a violation of the principles of law and order, it did not warrant the use of excessive force

– it has been established that there was a violation of people’s right to peaceful and free assembly. The crowd that had gathered at the Police Headquarters was largely peaceful and did not disrupt any business or obstruct traffic or breach public order. Those that had gathered were therefore within the purview of their fundamental right to freedom of assembly guaranteed under Article 21(1) of the Constitution of Zambia. To proceed to disperse the crowd in the manner the police did, therefore, amounted to a debasement of people’s democratic and constitutional right to exercise their freedom of assembly.

– the right to freely assemble and to even demonstrate is integral to democracy and human rights. Even if acts of violence do occur during these events participants retain their rights to bodily integrity and other rights such that force may not be used except in accordance with the principles of legality, necessity and proportionality.

– firearms may never be used simply to disperse an assembly

– the desire by the Executive wing of government to suppress the right to freedom of assembly for individuals holding different views, especially the opposition parties that seem to offer effective competition is the root cause of a growing pattern of extra-judicial killings and other acts of gross human rights violations and must stop

– Zambia is a constitutional multiparty democracy and pluralistic society in which various interest groups should have space to participate in the governance of the country within the provisions of the law

– as the country counts down to 2021 general elections and beyond, the Commission expects that the right to freedom of assembly and its interdependent rights of association, expression and movement will be guaranteed by the state

– former Commissioner of Police for Lusaka Province Nelson Phiri must be jointly charged with the case of murder together with the subordinate police officer or police officers who took his orders to shoot Nsama Nsama Chipyoka and Joseph Kaunda; the estates of the deceased be adequately compensated by the State

– the Zambia Police Service should desist from the apparent criminalisation of the right to freedom of assembly and movement; and should also desist from taking actions which are likely to result in the gross violation of human rights such as extra-judicial killing, arbitrary arrests and detentions and cruel, inhuman or degrading treatment or punishment of participants in assemblies whether lawful or not.

These are things many people have been saying. We hope the police and their political masters will listen and make the necessary changes. If not, their ending will be very bad.

 

ConCourt didn’t declare President Lungu eligible for 2021, explains LAZ

By Ulande Nkomesha,
5th March 2020

LAW Association of Zambia (LAZ) president Eddie Mwitwa says the Constitutional Court did not declare President Edgar Lungu eligible to stand in the 2021 general election, contrary to assertions that they did.

In an interview, Mwitwa said the controversial question relating to President Lungu’s eligibility was not yet over, and that Constitutional lawyer John Sangwa, State Counsel, was right to say that the matter could still be appealed in the Constitutional Court.

“You do recall that when that matter that touched on the eligibility of the President was in the Constitutional Court and we were represented by John Sangwa, State Counsel (S.C.), and the views that he took to court were the views of the Association. We, unfortunately, did not succeed with the matter, but I think from what he has been saying, that is an issue that can still go back to court at the appropriate time and the PF top leadership had also invited Mr Sangwa to go back in the Constitutional Court if he was unhappy with that decision,” Mwitwa said.

“When the elections are nearing and nominations are filed, there will still be an opportunity to ask the Constitutional Court to determine the eligibility of the candidates that will be floated by the various political parties. It is not a dead end; it is a matter that can still be revived. Remember that the President himself, President Edgar Lungu, was not a party to that particular action. So, there is an opportunity to take that to the Constitutional Court on the question of his eligibility when he files in his nomination to stand for President in 2021.”

He guided that the December 7, 2018, ConCourt ruling did not interpret specifically President Lungu’s eligibility to stand for a third-successive time at next year’s crucial election.158409436_457849388997756_4586359086562402223_n

“…I don’t think that they (ConCourt) were asked to interpret, specifically, on the eligibility of President Edgar Lungu in 2021. Sangwa, S.C., who was representing LAZ, our argument then was that it was immature to start determining that question because there was no election that was being conducted at that time. It is the same thing with Bill 10; you remember when we went to court, we were told that, ‘no, we have come too early, this is just a Bill.’ Our understanding is that the Court said when it becomes law, you can come back and challenge. So, it is quite similar,” said Mwitwa.

As the debate over President Lungu’s eligibility rages on, PF secretary general Davies Mwila insisted in Lusaka, Monday, that the Head of State remained eligible to stand at next year’s general election.

Mwila also told journalists that the ConCourt had declared the Head of State eligible to stand despite having already been elected into office twice in 2015 and 2016. – News diggers

THE END GAME OF THE ELIGIBILITY OF PRESIDENT EDIGAR CHAGWA LUNGU

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By KMM

PF supporter.

THE END GAME OF THE ELIGIBILITY OF PRESIDENT EDIGAR CHAGWA LUNGU.

Our political atmosphere is suffused with discussions of whether president edigar chagwa lungu is eligible or not. A discussion that has challenged scholars and enthusiasts to research and dissect our constitution.

Two opinions have imaged with the first one supporting eligibility of ECL following the
2018 ruling by constitution court while the other opposing this. This second school of thought base its argument on the interpretation of the two constitutions that were straddled by the transitioning
period.

They also argue that the courts did not address the eligibility of ECL as this question was considered otiose due to the rephrasing of the first presented question.
For exceptional politicians and consequential voters this question should not end at whether ECL is eligible but should seek to elucidate the end game for the Patriotic front and the opposition. It is of no doubt that the patriotic front wants to fill in a presidential candidate who is already familiar to voters and will be a quick sell as designated in honourable Tutwa Nugulube’s view during the 5th March Muvi interview. This in a myopic view sits well with regards to access of public media, use of
government machinery and financing of campaigns. Unfortunately, this end game for the patriotic front lacks strategy and it’s too predictable for the opponent’s sharpshooters.

The fact that ECL’s eligibility is splotched with constitutional questions leaves his candidacy at the mercy of political hangmen and legal bounty hunters. To wish for a positive and smooth end game for proponents of
ECL’s eligibility is wishful thinking as all cannons are pointing at him. Not only are the opposition excited about contesting against ECL during 2021 elections but have embraced his eligibility as a legal leverage for their ultimate strike. This is why their seasoned lawyers are religiously broadcasting that ECL is eligible and should be allowed to stand under the PF ticket.

What the patriotic front leadership is not considering is the extent of damage this eligibility discourse is having and how ECL’s victory is becoming more blurred. This cyclone surrounding his candidacy makes him weak and vulnerable to tactical attacks by opponents. The mood within the party has shown that president ECL does not enjoy majority support and may see an exit of
members during and after general conference if he is maintained. These members may seek the courts to intervene, a move that will further divide the party at a time that is crucial for mobilization.

This an added advantage to the opposition who from the onset have indicated that their end game
will involve blocking nomination of ECL. This is not only intended to stop his nomination but also
destabilize the party further. This will give their campaign waves high euphoria crests that will pull in undecided voters and leave open wounds to the PF party, too critical to attend to. The end game for the opposition involves ECL as PF candidate as he is an easy target, politically and legally smudged with controversy. The economy under his rule has suffered so much turmoil that an ordinary man will not accept unnatural calamities as a cause.

The party image has seen a shifting perception by the voters from being a pro poor party to an exorbitant, flashy one. Why then would the party ignore all these signals? Why do the leaders want to be remembered as the ones who ignored obvious warnings of the end game at the expense of losing a presidential election? The court’s decision on whether or not to stop president ECL’s nomination will not matter much but the damage the process will cause on the party will be evident. ECL is a fatal risk to take by the party.

CIC PRESS TEAM

Don’t worry, you are the chosen one for August elections, Matero church assures President Lungu

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Don’t worry, you are the chosen one for August elections, Matero church assures Lungu
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Some Church in Lusaka’s MATERO Township has assured President Edgar Lungu that he is the one chosen to win the August election, report Mercy Banda.

No need to worry I will stand with you the way I stood with Michael Sata, Bible Gospel Church in Africa (BIGOCA) General Overseer Bishop Peter Ndhlovu told President Lungu this morning.

This is the same Church that supported Frederick Chiluba’s unconstitutional third term bid.

This was during the 20th Anniversary of the Church’s existence.

Below is the article released and availed to the media after the event.

GOD WILL FIGHT YOUR BATTLES YOU WERE CHOSEN BY GOD TO LEAD ZAMBIA- ECL TOLD.

……..As ECL congratulates BIGOCA on 20th Anniversary

Lusaka, Saturday (March 6, 2021)

Bible Gospel Church in Africa (BIGOCA) General Overseer Bishop Peter Ndhlovu says President Edgar Lungu should not worry about the 2021 general election because God will fight his battles.

“As I was with President Michael Sata, I will be with you President Lungu. The devil will always fight you but the battle is not yours, surrender it to God because you were called by Him. Do not be afraid of 2021, it is well, I said it is well and it is well. Those consulting the witches can go ahead us we shall pray and the witches will get sick. Olila samuona pakamwa,” Bishop Ndhlovu said.

He was speaking when President Edgar Lungu joined Bible Gospel Church in Africa (BIGOCA) 20th Anniversary Celebrations in Lusaka’s Matero Township today.

Bishop Ndhlovu has since congratulated President Edgar Lungu for developing the land of Zambia stating that BIGOCA has complimented government efforts by sinking over 136 boreholes in rural areas and taking care of 86 old people.

And President Edgar Lungu has congratulated BIGOCA on it’s 20th Anniversary from the time the church was established in 2001.

President Lungu says BIGOCA has has achieved a lot in the last 20 years impacting positively spiritually and providing social services as water and education to rural areas.

The Head of State says he will continue looking to the church for guidance and counsel in his leadership.

He has urged the church to continue working together in transforming lives spiritually and socially.

President Lungu says leaders must be willing to accept electoral results instead of threatening that there will be war when one loses.

Bushiri reveals how he left South Africa

Fugitive Prophet Shepherd Bushiri has in an exclusive interview last night revealed how he left South Africa where he faces money laundering, fraud and corruption charges.

The alleged escape of Major 1, as he is fondly called by his follower, nearly caused a diplomatic row between Malawi and South Africa.

Several South African politicians and media houses alleged that the controversial prophet was smuggled using President Lazarus Chakwera’s presidential jet.

Bushiri’s escape was discovered just a few hours before Chakwera’s departure for Malawi in his maiden official trip as President to the rainbow nation.

The mysterious escape resulted in the Malawian president being detained for several hours before being cleared to take off by South African intelligence officials.

But in an interview with one of the local TV stations, Bushiri revealed how he left South Africa by playing ignorance of his mode of transport.

“To this day, I don’t know how I left South Africa. There was fire and I had to leave but I do not know how I left. It was only God who rescues from danger His people in His own ways”, said Bushiri.

Bushiri is currently in his home country Malawi where he is fighting extradition to South Africa. He revealed his arrival just a few hours after Chakwera’s plane touched down at the Kamuzu International Airport around 1am on Friday.

It has been reported in an alleged comprehensive work of investigation by the Sunday Independent that Bushiri, together with his alleged partner-in-crime wife, Mary Bushiri, applied cosmetics like spy agents in the cold-war era to escape detection when they left South Africa.

The paper, while fingering out Chakwera’s direct involvement claimed in its report that the Malawi government issued the two fugitives new diplomatic passports before being smuggled in President Chakwera’s chartered presidential jet.

In its report, the paper alleged that President Chakwera was aware of the plot and gave it a greenlight.

“Fugitive prophet Shepherd Bushiri and his wife, Mary, were issued with diplomatic passports bearing decoy names and applied with cosmetic facial changes before being smuggled out of South Africa in Malawian President Lazarus Chakwera’s hired jet” alleged the report, citing intelligence sources privy to the investigations of how Bushiri vanished in South Africa only to appear in Malawi coincidentally on the same date that Chakwera landed at the Kamuzu International Airport from his 2-day-trip in South Africa.

The Bushiris were allegedly issued with “diplomatic passports bearing decoy names and applied with cosmetic facial changes before being smuggled out of South Africa in Malawian President Lazarus Chakwera’s hired jet”.

The couple is wanted for fraud, theft and money laundering about K6 billion in two separate cases. Hearing on their extradition charges has commenced in Malawi’s capital Lilongwe. -malawi24

Why did HH and UPND insist on renaming the Opposition Alliance as UPND Alliance?

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By Isaac Mwanza

Why did Mr. Hakainde Hichilema and UPND insist on renaming the Opposition Alliance as UPND Alliance?

Mr. Hakainde Hichilema had just emerged from the Party General Assembly where he not only went unopposed for the position of the UPND Presidency but also amended the Party Constitution to ensure no candidate contest for a specific office of the National Management Committee but everyone would be appointed by him.

From the UPND General Assembly, Mr. Hichilema had just become a god to UPND members who had been elected to nameless positions in the NMC, as KK was to UNIP when all party powers had been vested in him in 1971.

Quickly, Mr Hichilema’s next task was: how to deal with the Alliance now that he had successfully managed to deal with his internal party politics. The danger in that Alliance was the National Democratic Party (NDC) and Chishimba Kambwili. The other so-called Opposition Alliance members are just nothing but shell of themselves having no influence and no following at all.

Hakainde Hichilema has some belief that in 2021, he would form Government. No doubt, Dr. Kambwili was the most probable running mate because among all others, either within the UPND or the Alliance, none would manage to canvass the vote from Bemba-speakers, the Copperbelt and Lusaka as would Dr Kambwili.

Paradoxically, even the newly appointed UPND Vice President Mutale Nalumango, she has little influence among Bemba-speakers just as GBM influence had been overrated when he became the running mate in 2016.

What Mr Hichilema needed was Dr. Kambwili and not necessarily the NDC. Kambwili would simply have jumped on the bandwagon without questions but this is the man who, no doubt, tried to look out for the best interest of everyone than himself. What he didn’t know is that some of those whom he had tried to look for their interest were the opposite of him.

With the belief Mr Hichilema carries that he would win the August 2021, the UPND probably started contemplating the thought of having a powerful and ambitious Republican Vice President as Chishimba Kambwili with a good percentage of Members of Parliament belonging to his party.

If by any chance the PF lost elections as did MMD in 2011, it would be a little easier to dismantle the PF in Parliament than it would be to dismantle the NDC whose leader would, at that time, be the Republican Vice President and potential President in 2026. With Mr Kambwili as Vice President, NDC and PF still having numbers in Parliament, it would not be easy for Hichilema to govern, so the UPND could have reasoned. So what was the plan?

The plan was to frustrate Chishimba Kambwili in the same manner Michael Sata and Wynter Kabimba played a fast one on Hichilema during the PF-UPND Pact. I have a fair understanding of what was happening when the PF-UPND Pact was being dismantled but that is the story for another day.

Bridget Atanga who was until 2017 a member of the UPND had just been appointed Secretary General of the NDC and Joseph Akafumba who was rejected as UPND aspiring candidate for Livingstone Central had just been appointed as Vice President of the NDC. The appointing authority was Dr Kambwili himself, whom the duo now claim is not a registered office bearer of the NDC and has no powers at all.

The two former members of the UPND who now occupied the 2nd and 3rd Position in NDC were an entry point for the scheme to do away with Dr. Kambwili. This is where the journey is. But what is the benefit of this to Mr Hichilema in particular?

Unless you were young then Kaunda started on the same path as Hakainde Hichilema on a journey towards a One-Party State. Mr Hichilema does not want to form Government where NDC has Members of Parliament and a Republican Vice President he cannot control.

Mr Hichilema has just managed to become a god within his party where everyone now occupied a position at his pleasure. They can be replaced at any time at his own pleasure. For NDC to be in Government with the UPND, it is first impossible to fire the Republican Vice President. It is equally impossible to discipline Alliance MPs who would be in Parliament on NDC ticket.

Worse, Mr Hichilema whose party Manifesto has promises amendments to the Constitution if he assumes power would still not have it easy to amend the Constitution with Members of Parliament who belong to NDC and under the command of his Republican Vice President Chishimba Kambwili.

Mr Hichilema’s insistence to rename the Opposition Alliance to UPND Alliance was to ensure every MP stands on the UPND ticket in 2021, can be disciplined by the UPND even expelled if they espoused allegiance to any other person apart from Hichilema himself.

Kambwili would not only become toothless but also Hichilema would fully control Parliament even turn it into One Party Parliament, if he managed to get the PF MPs to defect. This is what he has done to his internal party arrangement. I know they may insult me for saying this but deep down this is the reality they won’t acknowledge. Mr Hichilema has gone the similar path Kenneth Kaunda went.

In short, Mr Hichilema’s scheme of the UPND Alliance and everyone standing on the UPND ticket is about loyalty to Mr Hichilema himself. This is the project that begun with changing internal arrangements where all UPND leaders espouse loyalty and sing praises to Mr Hichilema or risk being replaced.

What Mr Hichime did to UPND was extended to the Alliance of Political Parties, a few days after he successfully installed himself as the all-powerful Father within the UPND, the same way Kaunda did with those who seemed to have had influence. Kaunda had to bring them under the wings of UNIP and he was later to declare a One-Party State and become a dictator, “kumulu lesa, panshi Kaunda.”

The name of the Opposition alliance was quickly changed at a time when UPND had no office bearers to negotiate with other Alliance partners. So, who finalised the negotiations of the name and adoption of the UPND Alliance Presidential Candidate on behalf of the UPND? It was Mr Hichilema himself as all the 70 NMC Members could not have sat with a few to finalise the arrangements.

Mr Hichilema is moving at the same path that Bashi Panji was moving into transforming himself into a dictator. Kaunda had UNIP and a few good numbers of other Opposition leaders cheering him in the same manner some UPND and those Milupis are doing to him.

Again, let this sink that Mr Hichilema wants every other opposition person to stand on the UPND ticket, the party he himself has taken full control, because he wants only the party he controls to have MPs. If there is no NDC, and if he managed to subdue the PF MPs after August 2021, then Zambia will be back to a de facto One-Party State. With such power, one can only imagine the legislation Mr Hichilema will pass in Parliament.

As to Kambwili’s fate, the English say, it shall be seen what will become of him next. He is not wanted by the Opposition Alliance as long as he stands on his principles and does not bow down to Hichilema.

Can he go back to PF? The sad part is that he has stepped on the toes, insulted so many people, including Edgar Lungu.

What Kambwili can count on though is that President Lungu is a man with a big heart. Almost all who tried to undermine him (Miles Sampa, Mulenga Sata, GBM, etc) he embraced them, some he gave positions in Government, others in the party, Government bodies or diplomatic service. On that basis, President Lungu who is always forgiving no matter what can seat and listen to Kambwili if he shows remorse. Afterall, Kambwili and everyone is just in politics. There are no permanent enemies in Politics but only same interests.

WE MEAN WELL…we’ll not be distracted by Kambwili – Akafumba

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WE as a new liberated NDC want to assure Zambians that we mean well and the UPND Alliance is more than ready to serve the people diligently, says Josephs Akafumba

In an interview, the NDC president said his party’s alliance with the UPND would not be distracted by anyone.

He also warned President Edgar Lungu to not blind people by what he termed ‘good Samaritan antics’.

“We will not be distracted by Chishimba Kambwili in our pursuit to tell Zambians about President Edgar Lungu’s evils. Why has President Edgar Lungu all of a sudden become a good Samaritan after abusing the nation’s resources and killing professionalism in governance institutions?” Akafumba asked. “This must be a question all Zambians need to ask. Where was he in 2020, 2019, 2018, 2017 and 2016? He was busy fattening his bank accounts. I won’t be surprised to hear that he has offshore accounts stashed with millions of dollars. We need him to come clean on these issues. We as a new liberated NDC want to assure Zambians that we mean well and the UPND Alliance is more than ready to serve the people diligently.”

He said the PF is under a money spell which they have inherited from the MMD.

Akafumba said the PF was failing to learn lessons from the fall of MMD and its leader Rupiah Banda in 2011 despite throwing a lot of money around.

Leaders in the ruling party, including President Edgar Lungu, have been making cash donations throughout the country ahead of the August 12 Presidential and General Elections.

“Michael Sata had the support of the international community and he could have done what RB was doing by branding buses and bicycles, but he did not. Now the PF has fallen under the same spell; it is a sign that money making people stop thinking. We have retirees not paid why brand bicycles?” he asked. “Why give headmen jackets? We have a lot of students in universities and colleges failing to pay tuition, fees why give a bus to a university? How many people will use it? Will it give students meal allowances? Think ba PF, think!”

Akafumba said the PF should have given buses to universities and colleges if they had not overpriced the 41 fire tenders.

“Where did the money go?” asked Akafumba.

PF SHOULD NOT INTIMIDATE JUDGES INTO SUPPORTING AN ILLEGALITY

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PRESS STATEMENT

7 TH MARCH 2021

PF SHOULD NOT INTIMIDATE JUDGES INTO SUPPORTING AN ILLEGALITY

PF must respect the rule of law by upholding separation of powers. Threatening Judges over the issue legibility is promoting lawlessness. Judges should be left alone to do their job professionally. Judges are very highly trained professionals who should not work under duress from PF cadres. PF knows too well that Mr. Lungu does not qualify to stand for the third term and this is the more reason PF has now resorted to intimidate Judges. Please, leave the Honorable judges out of your panga politics. We don’t want to hear that PF cadres have attacked some Judges. This behavior confirms that there are more crooks and thieves in PF than politicians. Be reminded that very soon as you leave office you will need the services of the same Judges you are now threatening. Whether you like it or not Kuya bebele.

Elections can be very tricky at times and this time around PF will be shocked with the results that will come out. PF is used to buying and stealing votes. Unfortunately using this approach in the coming general elections will be very disastrous. Don’t count the number of things you have given out as your potential votes. This is myopic thinking coupled with desperation to survive. It’s wrong to base your victory claims on the number of bicycles, goats, chickens and money being distributed. Zambians are very upset with you. In Bemba they say MPOMBO WIBILIMA ABABILIMA TABAYA.

You can not destroy the economy and expect people to vote for you, Zambians are suffering under the PF regime. That’s why in your own myopic thinking you have resorted to bribery hoping this will buy you votes. Zambians kicked out UNIP when they were getting free mealie meal through the coupon system. Zambians are very much aware that you have no capacity to better their lives, apart from destroying the Country further with your careless and irresponsible behavior.

The day stealing was legalized through the Presidential decree of Ubomba mwibala, was the day the economy of this Country collapsed. Instead of taking stock of your fatal mistakes you have arrogantly continued defending them. You have demonstrated to the Zambian people that you don’t care about them anymore. That’s why you will be kicked out unceremoniously, but as pack your bags keep away from Judges.

Percy Chanda

UPND NMC Member

WHY THEY ARE NOW THREATENING JUDGES

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By Elias Chipimo jnr.

WHY THEY ARE NOW THREATENING JUDGES

In case you missed..

The expressions “term of office” and “hold office” (or “held office“) do not mean the same thing.

Introduction

There is a heated debate over whether President Edgar Lungu can run for president in 2021, having already been elected to this office twice – the first time in 2015 (when he served out the remainder of Michael Sata’s term in accordance with the pre-amended constitution) and again in 2016 (following the general election). The President’s strongest detractors believe that any attempt to justify a further term is a recipe for anarchy and are calling for fire and brimstone responses. I believe there is a calm and rational approach to this matter and I take a leaf from President Lungu himself who has expressed his opinion on the issue and suggested that those who feel differently should take the matter to the Constitutional Court.

The Argument

Those supporting the President’s position appear to rely primarily on the provisions of Article 106(6)(b) of the amended constitution. Their argument can be summarized as follows:

Although Article 106(3) prevents a person who has twice held the office of President from standing again for that office, there is an exemption under Article 106(6)(b) that would make President Lungu eligible to run again. Article 106(6)(b) states that a person who was elected to the office of President shall only be deemed to have served a “term” if he served for three or more years. President Lungu only served for 18 months and did not therefore complete a “term” Under Article 106(1) of the constitution, a term of office lasts 5 years.

To try and settle this matter, we can ask two questions, the answers to which would have to be “yes” in at least one instance in order for President Lungu to qualify to stand again for an election:

1. Was President Lungu elected into office in 2015, as a result of the existing Vice President being unable to automatically assume the office of President”?

2. Do the words “hold office” and “held office” in Article 106(2) and (3) mean the same thing as “term of office” in Article 106(1)?

Response to Question 1

In order to qualify under Article 106(6)(b), President Lungu would have to have been elected as a result of the person who would immediately have assumed the office of president (following the death of Mr. Sata) being unable to do so. This was not the case. Elections in 2015 were not held because there was no immediate successor eligible to automatically assume the office of president; they were held because the constitution required a fresh presidential election, regardless of availability of a suitable successor.

To put this response another way, for a person to qualify for the exemption under Article 106(6)(b), that person has to have been elected to the office of president as a result of an election held in accordance with Article 106(5)(b) – an election resulting from the fact that the Vice Presidential running mate could not immediately assume the office of the president without an election. Such a situation has not arisen before and could only arise after the constitutional amendment had taken effect (i.e. after the amended constitution was passed by Parliament and activated). Since, therefore, this procedure was not available under the pre-amendment constitution, the answer to Question 1 would be “no”, meaning those arguing that the President can stand again in the basis of Article 106(6)(b) cannot proceed on this basis because the three year exemption does not apply in this instance.

Response to Question 2

The second question lies at the heart of the confusion surrounding this issue. It is without doubt, the more complex question and is based on an interpretation of the word “term”.

Those that say the President can stand again believe that a “term of office” for a president is five years. This is correct. However, it is not necessarily the same thing as the period when a President is deemed to “hold office”.

To “hold office” is simply to be sworn into office and serve as President until the next person is sworn into that office. This is abundantly clear from Article 106(2) which states:

“A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office”.

We can state this another way: although a presidential term is five years, a person can “hold office” for less than five years. The restriction in Article 106(3) does not use the word “term”; it uses the words “hold office”:

“A person who has twice held office as President is not eligible for election as President”.

Note that the constitution does not say:

“A person who has served two terms shall not be eligible”.

If the constitution had used the words “term of office” instead of “held office”, the President could well stand again because a term of office is at least five years. However, “holding office” is only the period between two swearing-ins. This could be five years or it could indeed be eighteen months.

The restriction on holding office is contained in Article 106(2) which states:

“A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office”.

The question to ask, therefore, is this: did President Lungu hold office from the date he was sworn-in, in 2015 to the date the next President (i.e. himself) was sworn-in, in 2016? If the answer to this question is “yes” then he has already held office once. If he resigns tomorrow and his office falls vacant and Mrs. Inonge Wina is sworn-in, he will have “held office” twice even though he will not have served even one term.

It appears that the expressions “term of office” and “hold office” (or “held office“) do not mean the same thing.

If that is the case, it will not matter that President Lungu did not serve for more than three years when he was sworn-in the first time because he will still be deemed to have “held office”, whatever length of time he served. The restriction in Article 106(3) is therefore not in relation to whether a president has served a “term of office”; it is about whether a president has “held office”, which is an entirely different thing.

For completeness, it should be pointed out that the exemption under 106(6)(b) only applies where there is a vacancy in the Presidency after the coming into effect of the amended constitution and not before so it cannot be relied upon to justify the argument in favour of another attempt at the Presidency where a person held office under the pre-amended constitution.

Conclusion

Based on the above interpretation, the current President, having twice held office (as opposed to having twice served a term of office), cannot stand again for election as President. The constitutional restriction does not refer to a person ‘serving a term of office’. It refers to a person ‘holding office’.

This is defined as being sworn-in and serving until the next person is sworn-in as President. In short, if the President resigned his office today, he would have “held office”, even though he would not have served a term of office and that is the critical distinction.

About the Author, he is a Lawyer by Profession and Former Opposition National Restoration Party Leader.

CIC PRESS TEAM

WOMEN RUNNINGMATES; AN EDGAR LUNGU STRATEGY OR JOE BIDEN

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By GEORGE CHOMBA
Since the women running mate is slowly becoming the ideal thing in the political arena, the question which may arise now is whether this is President Edgar Lungu’s election campaign political strategy or probably Joe Biden, the US President, influencing many more male political leaders in Zambia to observe gender balancing antics.

In November last year, Joe Biden walked to the US Presidency victory with Kamala Harris under the Democratic Party thereby unseating Donald Trump of the Republican Party who had a male running mate; Mike Pence.

After being sworn in January, Ms Harris has become the first female Vice President of the U.S, the highest-ranking female official in U.S. history, and the first African American and first Asian American vice president.

While the appointment of Ms Harris is the real deal for Americans, in Zambia such a feat was coming six years after Ms Inonge Wina was given a giant step in her political life as Vice Presidency of Zambia in 2015 and later as running mate in 2016 to retain her Government position.

As Zambians cruise towards the 12th August, 2021 general elections, male political party leaders appear obsessed with gender consideration in the number two position.

While it remains unclear whether President Edgar Lungu will repeat his 2016 election running mate choice in Madam Inonge Wina, it seems more women will definitely take the second slot on the ballot paper during the presidential elections on 12th August, 2021.

Although the word is out there that UPND Alliance has agreed on Mr Hakainde Hichilema as presidential candidate while other political party partners take up the running mate position, the withdrawal of National Democratic Congress leader Chishimba Kambwili, who was favoured for the position, might just be the blessing that Madam Mutale Nalumango needed to earn the running mate position.

In the weeks to come, though debatable, UPND might start questioning the value of the party, which has more than 50 seats in Parliament, getting either Alliance for Democracy and Development president Charles Milupi or Republican Progress Party Leslie Chikuse as running mate of Mr Hichilema.
While Mr Chikuse might symbolize a UPND Alliance, Mr Milupi no longer possesses political clout as he did when he was Independent Luena Member of Parliament in 2006 and later as ADD MP.
Therefore, the guess might fall in place that Mr Hichilema may be pressured to settle for Madam Nalumango as running mate, after all, she enjoys UPND support as vice president hence the highest General Assembly vote into the national management committee.
If the prediction comes to fruition in UPND, then apart from Madam Nalumango being on the ballot paper as running mate, Zambia might also see the emergency of Judith Kabemba as Democratic Party President Harry Kalaba’s running mate.
A few days ago, Mr Kalaba appointed Ms Kabemba as DP vice president, which gives her chance for choice as running mate.
In the case of the Patriotic Front, President Edgar Lungu might be having a headache on the gender choice.
In 2015 when he won the Presidency after his predecessor, Michael Sata, died, President Lungu appointed Madam Inonge Wina as Vice President.
In 2016 when the Constitution was amended and the running mate clause was enacted, President Lungu settled for Madam Wina for the position.
The question, therefore, is whether President Lungu will change the gender choice and the candidate?
But for those who care to know, the running mate is the preserve of the Presidential candidate in PF, UPND, DP, Socialist Party, NDC, New Heritage Party and all other political parties wishing to contest the 12th August, 2021 general elections.
However, male political leaders who have female vice presidents should watch the women’s reaction, especially the women’s lobby and the NGOCC, when they reconsider their number two for running mate.
Assuming more male dominated political party leaders in Zambia adopt women as running mates, will Joe Biden claim he is a political campaign strategist or it is President Lungu who will hold the bragging rights?
Let’s wait and see!

-Diamond TV Zambia