01.04.2020

A LEADERSHIP WHICH DOES NOT INSPIRE ITS PEOPLE IS A DANGER TO DEMOCRACY.

By: Ngombo Ngombo

In a democratic state, people expects inspiration from its elected Govt. representatives.

That is why it is imperative that every regime strives to govern its people in a way that is in tandem with true servant hood, which means that the governed are the masters to those whom they have elected to lead them.

For a number of African countries where there is accountability and transparency on how leaders Govern their people, which translates into better lives and better living conditions for the majority and usually marginalized citizens.

But unfortunately, that is not the case with Zambia, which falls short of such country is opposed to this kind of leadership attributes, the ability is invisible when you assess the challenges people are faced with ,and the amount of time spent defending crimes while spending resources to demonize the opposition party leaders.

We have ministers who are alleged in corrupt vices but they continue to serve as ministers, the Malaysian govt exposed the smuggled Mukula from our country, the police have been escorting some, then who is behind these scandals no one has the right to investigate and report to the nation, We have seen reports on illicit transactions involving political individuals in govt , purchase of counterfeit drugs and issued to our hospitals , theft on the purchases of fire tenders and ambulances ,

We have also seen how farmers were denied access of farming inputs ,those who received got them late ,the scarcity of mealie meal a staple food which has seen the price rise because of the high demand ,we can try and compare ,for 20 years it took the people of Zambia during the MMD govt to buy a bag of mealie meal @K36-00, the pump fuel price which was last @ K5-50 ,bread was @ K4-00 ,after that PF promised better change of living for the poor majority Zambians , in less than 8 years of power mealie meal is at a very uncertain price of K 200-00 ,the pump fuel price is @ k18-25 , bread is @ K 11-00 , this is a very strange marginal difference considering the periods in power , the statistics are indicating the sharp rise in prices which categorically points to a failed economy of this country.

ENDS

KAIZAR Zulu has asked the Lusaka High Court to set aside the contempt of court proceedings against him for being defective and irregular.

Zulu, in a notice of motion to raise preliminary issue on a point of law, has argued that the notice of motion for an order for committal to prison does not state exactly what he had done or omitted to do which constituted contempt of court to enable him meet the charges.

This is in a matter were two soldiers accused of conspiring to murder Zulu want the Lusaka High Court to commit him to prison for contempt of court.

Steven Phiri and Steven Chiiba Chooka asked the court to cite Zulu for contempt of court for commenting on the matter in which they were accused of conspiring to murder him, which was still active before court.

Zulu, in his skeleton arguments in support of notice of motion to raise preliminary issues, said the notice of motion for committal was not in line with legal requirements and was therefore defective and irregular.

He submitted that the law was clear on how to draft the notice of motion for committal for contempt of court, adding that the applicants’ notice of motion did not give any particulars of what he (Zulu) allegedly uttered.

Zulu argued that contempt of court proceedings were criminal in nature and he should be given sufficient information in the notice of motion for him to respond to the charge without second guessing the allegations.

He said he was not party to the proceedings and he had been taken to o court at great expense and inconvenience.

In a notice of motion to raise preliminary issues on a point of law filed in the Lusaka High Court principal registry (Criminal Jurisdiction) by Zulu’s lawyers from Dickson Jere and Associates.

“Take notice that the alleged contemnor (Zulu) shall at the next hearing raise a preliminary issue on point of law that: (i) The notice of motion for an order for committal filed herein does not state exactly what the alleged contemnor has done or omitted to do which constitutes a contempt of court with sufficient particularity to enable him meet the charge as required by Order 52 Rule 4 of the Rules of the Supreme Court of England (White Book). (ii) The notice of motion for an order for committal issued herein be set aside for being defective and irregular for reasons set out above,” read the notice of motion.

Zulu suggested that costs of and occasioned by the said application shall be for him in any event and would be paid before Phiri and Chooka take out any further steps in the proceedings.

“The notice of motion is defective at law and cannot be cured by way of amendments. This court has no option but to set aside the notice of motion with costs in any event. We, therefore, pray that this honourable court will grant the alleged contemnor the relief as prayed-that is to say- setting side the notice of motion which is defective.” said Zulu

Phiri and Chiiba, in their summons for leave to apply for an order of committal for contempt of court, said that on November 27, 2019 Zulu made utterances and used speech that was in breach of the rules of the court when he featured on a Diamond TV Programme dubbed “COSTA”, which was broadcast to the general public across the nation from about 21:00 hours.

They said during the programme, Zulu made remarks that were sub judice and prejudicial to the proceedings before court.

“In response to a question as to whether he had ever fired a gun to protect himself, the alleged contemnor responded in the affirmative,” they said.

Phiri and Chooka said Zulu was quoted saying; ‘there are the two military officers who the police actually arrested. They actually drove to my house. They had two targets, myself and former president Rupiah Banda. Was it necessary for me to fire with these trained marksmen or to let me die?”

They stated that Zulu further alleged that his life was under threat.

Phiri and Chooka contended that the words uttered by Zulu were aimed at portraying them as being guilty of a crime in the eyes of the general public, including in the eyes of potential witnesses that were yet to give evidence before court, be it for the prosecution or for the defence.

By Chilufya Tayali

NOT ALL TONGAS ARE UPND – THE FATE OF SIBANZE SIMUCHOBA
=====================
It is a fact, that I am more leaned to the PF than the UPND which is massively supported by Tongas, however, I don’t assume that every Tonga is UPND. I know a lot of friends who don’t like UPND and the leadership of Hakainde Hichilema.

Unfortunately, many Tongas have to kill their parents to prove that they are not UPND, analogically speaking. This is worse for those working in Govt.

Many Tongas have been relieved of their positions for being suspected to be UPND, especially if they don’t entertain PF cadres who feel they have a legitimate cause to get favors from Govt officials.

Some years back I knew a very senior lawyer, respected by many judges and other professionals in the legal fraternity. Mr. Simuchoba’s law firm used to be in the same premises as our offices.

Though much older than me we used to chat a lot on a very personal level such that I know quite a lot about him, including his political sentiments.

Around 2016, President Lungu appointed Mr. Simuchoba as PS for Livingstone and later transferred to Western Province. Last year, he was relieved of his position.

I have no powers to question the decisions of the President on his prerogatives, but I strongly believe he must have been misinformed by some senior party officials and cadres.

Unfortunately, at the pick of his soured relationship with some PF senior members who felt that he was not very helpful, Mr. Simuchoba was arrested and charged with corruptly employing Ms. Lombe Katasha who is currently working as a Laboratory Assistant at Mukuni Secondary School in Kazungula district.

Surprisingly, according to the court records, Mr. Simuchoba never knew the said Ms. Lombe and he had never met her. I actually confirmed this when I personally asked him.

Strangely, Ms. Lombe was not charged, or suspended neither was she brought to Court as a witness.

More strangely, Ms. Lombe is still in employment drawing a salary, yet the authorities dragged Mr. Simuchoba to court to have had employed her corruptly.

The case went to trial but on 24th February 2020, the DPP discontinued the case under Section 88a of the Criminal Procedure Code.

Reading the records from Court you wonder how Ms. Lombe was employed and put on payroll and she is still working, because a person who seem to have been dually appointed by Civil Service Commission is Elijah Mwenge.

The record from the court shows that Elijah was redeployed to Kaumba Secondary School in Monze. However, I have not been able to confirm this because I have no contact from that school.

This makes me wonder about some of the cases the Anti-corruption Commission (ACC) and Drug Enforcement Commission (DEC) prosecute. It appears to me, those institutions are highly politicized to fix some of the people suspected to be political fouls.

Mr. Simuchoba is now fired as PS with a case that could not reach its logical conclusion, leaving his reputation dented with no ways of recompensing for what I consider as an injustice.

TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS!

By Patson Chilemba

Kambwili is talking of himself and not NDC, says UPND national chairperson Mutale Nalumango.

And Nalumango said if National Democratic Congress (NDC) leader Chishimba Kambwili were to leave today because PF pleaded with him to go back to that party, there will be no vacuum in UPND.

Speaking with Daily Revelation on Kambwili’s statement that the ruling PF must apologise to him if they needed him so much, Nalumango said Zambians were watching the sincerity of politicians to see if they meant what they said. She said UPND should not be spending time discussing whether Kambwili should go or not go back to PF.

“Well we could be disappointed but that is his choice like he came willingly, if he truly feels he can go, Zambians are there watching knowing the sincerity of all of us, when we say things do we mean them? Do we say them for political expediency for the purpose of survival for the time, politically? So what is it? Really that is for me always my issues why am I me? Why am I UPND? What is it? Why should I for example move to PF? What has changed?” Nalumango asked.

She said remaining in the alliance or going elsewhere was about ones own choice.

“He is talking about he himself as Kambwili by your statement, I haven’t seen that statement, but by your statement you are saying if they say ‘Kambwili come’. He is talking of himself, he is not talking of NDC if what you have said is true,” Nalumango said. “So as an individual, I hope and I believe that politicians must work on conviction, on belief for serving our people. But whether that is the truth for everybody I don’t know you are the ones that can judge. Are people doing politics to serve, or are they doing politics to serve self, I can’t judge anybody.”

Nalumango said there were other people who had left the alliance as no one was bound to the alliance.

“If they feel like they can leave because the principles are no longer an issue to them that is up to them. You know I can’t speak the heart of an alliance, an alliance is not a member that we say we will expel or you have done this. If he chooses to leave the alliance who are we to say you can’t go? Well this is my little understanding that we are all in the alliance by choice and if one chooses to leave that is their choice,” Nalumango said.

She said only Kambwili knew the reason why he said what he said.

“He is the one who has a relationship with the PF. He knows why he left, he knows if he can go back under which conditions that he is laying down, it’s up to him. I don’t think as UPND we should be spending a lot of time on discussing whether he should go back or not,” Nalumango said.

She said people joined the alliance willfully as nobody was coerced unto it.

“You know as parties we thought we had common national issues of interest and that we could tackle them together. It depends, that is up to him really. I don’t think I should be talking whether he’s wrong or right,” said Nalumango.

Asked if the UPND would be weakened if Kambwili were to leave the opposition alliance, Nalumango said the UPND was still intact as they had rode several political storms

As a party we are a party we still are intact. We have stormed the storms political storms.

“By his statement if he had to leave today because people pleaded with him there would be no vacuum in UPND. But if you talk of opposition which am not a spokesperson I think the spokesperson should be able to analyse and say really would we be weaker or stronger?” asked Nalumango. “And Zambians also should be able to say what is it and should be able to ask us, why are we moving either to the alliance or away from the alliance.”

Reacting to continued assertions from PF officials that it was a matter of time before he rejoined the party, Kambwili said the PF must apologise for having hounded him out of the party if they really wanted him back into the party.

“I am saying me I have never wronged PF it is them who have wronged me so who apologises and sneaks-in? The one who has been wronged or the one who wronged somebody, the other?” Kambwili asked. “So if these guys need me so much please come in the open and say ‘Kambwili we want you, sorry for what we did’. Apologise”

Kambwili dismissed assertions that he was meeting PF officials to rejoin that party.

“First and foremost before I left PF I told them I will be the last man to leave PF. I resisted every attempt to hound me out of PF but they used backdoor means to hound me out of PF, including the situation where they declared my seat vacant illegally,” Kambwili said. “If they are so much in love with me and they want me, why can’t they just come in the open and apologise ‘Kambwili we are sorry for what we did to you, come back our brother’.”

-Daily Revelation

By Patson Chilemba

If PF needs me so much they must come out in the open and say Kambwili we want you, sorry for what we did, says National Democratic Congress (NDC) leader Chishimba Kambwili.

Speaking with Daily Revelation on the continued assertions from PF officials that it was a matter of time before he rejoined the party, with the latest one coming from ruling party member of central committee Emmanuel Mpankata, Kambwili said the PF must apologise for having hounded him out of the party if they really wanted him back into the party.

Kambwili said he had never wronged the PF but it was the ruling party which wronged him, when they used backdoor means to hound him out of the party. He said it was an insult on his integrity for Mpankata to allege that he had been sneaking-in and talking to PF officials that he wanted to rejoin the ruling party.

“I am saying me I have never wronged PF it is them who have wronged me so who apologises and sneaks-in? The one who has been wronged or the one who wronged somebody, the other?” Kambwili asked. “So if these guys need me so much please come in the open and say ‘Kambwili we want you, sorry for what we did’. Apologise”

Kambwili dismissed assertions that he was meeting PF officials to rejoin that party.

“First and foremost before I left PF I told them I will be the last man to leave PF. I resisted every attempt to hound me out of PF but they used backdoor means to hound me out of PF, including the situation where they declared my seat vacant illegally,” Kambwili said. “If they are so much in love with me and they want me, why can’t they just come in the open and apologise ‘Kambwili we are sorry for what we did to you, come back our brother’.”

He said the scheme behind the constant statements from the PF was to create an impression with his supporters that he was not a straightforward person, especially that most of the NDC members came from the ruling party.

Kambwili charged that Mpankata lived in a glass house and must be the last one to throw stones, adding that he was in PF not because he believed in that party but because he was making money to better his own life and those of his family. He said he had no intention of rejoining PF, saying he had no problem with the party itself but those in leadership.

Kambwili said the ruling party needed a fundamental change for people to believe in it again, and that Mpankata himself would not have been the first PF member of parliament had it not been for the MMD’s unpopularity in Lupososhi during the 2001 general elections.

“PF need ventilators and ICU machines,” said Kambwili.

*Whose aspirations does he represent on bill 10 because he doesn’t have a constituency to speak for

Choma central member of Parliament Cornelius Mweetwa has challenged nominated member of Parliament Rafael Nakachinda to tell the nation whose aspirations does he represent as he chairs the select committee of the constitution amendment bill number 10 of 2019 in Parliament.

Addressing the media in Choma yesterday, Choma lawmaker said that a constitution is a sacred document that require seriousness with the calibre of people in the select committee.

Mweetwa said the UPND MPs are not doing things for their own benefit but for the citizens who sent them to Parliament.

Mweetwa applauded the UPND MPs for not accepting six million kwacha bribes by some named ministers who wanted them to support and vote for the Bill.

He stressed that his party has always demanded for a national consensus to constitution amendment which their colleagues in PF have rejected several times.

Mweetwa charged that most PF founding members are disturbed with the noise coming from MMD nominated member of Parliament Rafael Nakachinda on bill 10 who doesn’t have a constituency or electorates to represent.

He said people should not even pay attention to Nakachinda because his presence in Parliament is not through a vote but appointment hence he has nothing to lose.

He has urged Mr.Nakacinda to continue eating with PF while waiting for their exist in 2021.

The Choma lawmaker has urged ministers who are aggrieved with his revelation of them plotting to bribe opposition and independent MPs so that they vote for bill 10 to take him to court for defamation.

Mweetwa said he knows that what he did amounts to defamation and any minister who is not happy about that can take him to court.

He further castigated the Anti Corruption Commission as the washing ground for corrupt government officers.

Mweetwa said he could not take the matter to any government aligned investigative wing because they have proved to be a cleansing platform for corrupt ministers.

The Choma lawmaker charged that he is ready to expose the ministers in court.

Cornelius Mweetwa recently revealed that government ministers were moving with cash promising brand new Toyota VX while persuading UPND and independent MPs to vote for bill 10 in Parliament.

He alleged that the MPs are in custody of text messages as evidence to be presented in court.

17/03/2013

THE stripping of former President Rupiah Banda of his immunity did not go well with Petauke member of Parliament (MP) Dora Siliya, who did not only walk out of the House but brandished her middle finger three times at the remaining MPs, including the Speaker.
The controversial former minister of Communications and Transport, who is facing criminal charges related to the sale of Zamtel to a Libyan company, was one of the last opposition MPs to walk out on the Speaker as he was making a ruling on the motion to strip the former President of his immunity.

Dressed in a scarlet attire, Ms Siliya raised her middle finger three times – an offensive gesture – which could have been difficult not to be noticed by MMD national secretary Kapembwa Simbao, who was right behind her.

Ms Siliya – a close ally of Mr Banda – resigned in 2009 at the height of investigations into her dealings over Zamtel, but was reinstated by the former President.

The Dennis Chirwa Tribunal constituted to investigate three counts of corruption by the minister found her wanting in the matter in which she allegedly acted against the Constitution by awarding a contract to RP Capital and Partners of Cayman Islands to value the assets of Zamtel, a parastatal.

President Banda, however, described as nonsensical the assertions that Ms Siliya was fraudulently managing the privatisation of Zamtel.

“As to the argument that she [Ms Siliya] did it illegally, that is nonsense. First of all, when the Attorney General gives an opinion, he does not give the opinion to the public. The opinion given by the Attorney General is given to the particular client. If the Vice-President writes to the Attorney General and say ‘I want your opinion on this’, the Attorney General must write that letter to him. And if the minister writes to the Attorney General, the Attorney General must reply to her, not to the public. So just that should worry you as Zambians that your country has become so lawless that everything that is discussed in Government offices, letters are exchanged and proliferated and given to the whole world. How are you going to run this country? It is something which, again, falls in the line of indiscipline, which means that there is a lot of indiscipline around. People are peddling Government documents. So we will find a way to stop this,” President Banda said on February 9, 2009.

That could explain Ms Siliya’s reaction to the impeding arrest of Mr Banda but she may face sanctions from the Speaker for her lewd gesture on Friday.
Parliament on Friday stripped the former President of his immunity paving way for his prosecution.

Opposition MPs vehemently opposed the motion and walked out when it was evident that the motion would go through since the ruling party has the majority MPs in the House.
“This matter is before the High Court of Zambia and I don’t think it is in order for this House to debate it because that would be prejudicial,” argued Monze MP Jack Mwiimbu (UPND).

But Mr Matibini said the motion is an internal matter which should be presented and that Parliament enjoys freedom of autonomy.

The opposition eventually walked out of the House but some of them returned later and were present during the vote, which had 80 MPs in favour, 3 against and 4 abstaining.

KBF’S SON ARRESTED FOR ROBBERY IN THE USA.

Sheriff Richard J. Behnke reports that on 03/03/2020 at 23:50 hours, his office was called to investigate an armed robbery / home invasion that occurred in the 63000 block of Day Lake Rd, in Calvin Twp, Cass County Michigan.

Deputies were dispatched to a residence on Day Lake Rd after a call to dispatch indicated that 3 or 4 male individuals entered into the residence demanding money.

The victim, a 24 year old female and only occupant in the home at the time, advised the men she did not have any money, but they forced their way into a back bedroom where there was a K9 shut into a bedroom.

When the suspects opened the bedroom door and the K9 came at them they shot the dog which subsequently died of the injuries.

The suspects then left the residence with an undetermined amount of money that was taken from the residence.

The suspects fled the scene in a silver Toyota Prius.

While investigating this incident a report of a suspicious situation was called in from a location on Brownsville Rd. approximately 4 miles from the home invasion.

Two vehicles were observed parked at a secluded location on the property and subjects were getting out of a silver Prius and into a red Toyota Camry.

That property owner made contact with the subjects in these cars, which then fled the area prior to Deputies arrival. Deputies were able to identify one possible suspect for the home invasion based on information gathered from this incident.

Deputies put out a BOL to attempt to locate the red Toyota Camry which was later found parked at the Cassopolis Library.

Two subjects were located at the time of the recovery of the Toyota Camry and arrested based on information received during the investigation, Zambian OLIVER BWALYA, 21 years of age, from Elkhart, Indiana, and JERAMIAH MAKANJUOLA, 19 years of age, of Columbus, Ohio were arrested and charged with 13 charges including, home invasion, armed robbery, killing / torturing an animal, larceny from a building, assault with a dangerous weapon, and felony firearms.

Bond was set at $80,000.00 This investigation is ongoing at this time.

Anyone with information about this incident is encouraged to call the Cass County Sheriff’s Office.
The Cass County Sheriff’s Office Felony Detective Unit, Cass County Area Drug Unit and the Cass County Animal Control Unit, Assisted Deputies with this investigation.

THE American Bar Association Centre for Human rights has asked the United Nations Special Rapporteur on the independence of Judges to urgently intervene the decision by the Zambian Judiciary to bar constitutional lawyer John Sangwa, State Counsel, from appearing before any court in the country.

In a letter, Centre director Michael Pates requested the United Nations to further urge the Zambian government to ensure lawyers are free from intimidation and retaliation, including arbitrary suspension and disciplinary measures.

“Dear Mr. Diego García-Sayán ,the Center is gravely concerned that the decision taken by the Zambian judiciary to bar Mr. Sangwa from appearing before all courts pending the resolution of the complaint of professional misconduct submitted to the Law Association of Zambia, is tantamount to a suspension without affording Mr. Sangwa his due process rights. The Center is further concerned that Mr. Sangwa’s suspension is in relation to his public criticism of the Constitution of Zambia (Amendment ) Bill [No. 10] 2019…where he raises several concerns including that the Bill gives the President unfettered powers. Under international law and in compliance with international standards governing the independence of the legal profession, lawyers may not be arbitrarily suspended from the practice of law nor experience retaliation for fulfilling their professional obligations or expressing their opinions without affording him the fundamental right to be heard, as recognized under regional and international standards,” Pates stated in his letter.

“The United Nations Basic Principles on the Role of Lawyers specifically states that ‘[n]o court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.’ The U.N Basic Principles further state that ‘charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice’. The ABA in its Model Rules for Lawyer Disciplinary Enforcement (ABA Model Rules) has similarly echoed international standards affording a lawyer who is subject to discipline for breaches of professional misconduct, the right to due process which includes fair notice of the charges, right to counsel, right to cross-examine witnesses, right to present arguments to the adjudicators, right of appeal; and right to subpoena and discovery.”

He stated that immediate suspension of lawyers should only be in exceptional cases.

“Immediate suspensions of lawyers from the bar should only be in exceptional cases, and, even then, the disciplinary body should make a reasonable attempt to provide the lawyer with notice. The Code of Professional Conduct for Counsel before the International Criminal Court has stated that, in exceptional cases, where the alleged misconduct is of such a nature as to seriously prejudice the interests of justice, the Commissioner may lodge an urgent motion with the Chamber before which the counsel is appearing, so that it may, as appropriate, declare a temporary suspension of such counsel,” Pates stated. “Likewise, the ABA’s Model Rules provide that only where alleged misconduct poses an immediate threat to the public or the administration of justice, may a lawyer be immediately suspended from the practice of law, pending a final determination of the ultimate discipline to be imposed. The Model Rules also provide that interim suspension may be appropriate when the lawyer’s continuing conduct is causing or is likely to cause serious injury to a client or the public. For example, where a lawyer abandons the practice of law or is engaged in an ongoing conversion of trust funds. Where immediate interim suspension is granted, the ABA Model Rules provides that on [two] days’ notice, a lawyer suspended in terms of an interim suspension, may appear and move for dissolution or modification of the order of suspension and the matter shall be heard and determined as expeditious as the ends of justice shall require.”

He stated that the barring of Sangwa, without notice or process was seemingly in retaliation for his public engagement in matters of grave public interest.

“Several civil society organisations in and outside Zambia have expressed concern over the arbitrary suspension of Mr. Sangwa in what is viewed as an effort to silence critical voices. Mr. Sangwa is on public record criticizing the appointment of constitutional court judges and the unsuitability of some members of the bench. In recent months, Mr. Sangwa has been a vocal critic of Bill 10 and has reportedly accused the Constitutional Court judges of ‘failing the nation by refusing to allow a petition to challenge Constitutional Amendment Bill 10’. The barring of Mr. Sangwa, without notice or process, is seemingly in retaliation for his public engagement in matters of grave public interest [and] has a deeply chilling effect not only on lawyers in Zambia but the citizens at large,” Pates stated. “It is generally recognized that public officials, by virtue of the positions they occupy, should have a higher degree of tolerance to criticism and even offensive language. Furthermore, the UN Basic Principles clearly state that lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…”

He stated that if LAZ proceeded to hear Sangwa, that should be done quickly.

“In light of the above, we request that you urgently intervene in the case of the barring of Mr. Sangwa, requesting that the bar be immediately lifted and urging the government of Zambia to ensure the rights of lawyers to be free from intimidation and retaliation, including arbitrary suspension and disciplinary measures. Should the Law Association of Zambia proceed to hear the complaint against Mr. Sangwa, this should be undertaken expeditiously, and he should be afforded his full due process rights including the determination of the matter before an impartial disciplinary body as recognized under international law standards,” stated Pates.

Opposition New Hope Movement for Multiparty Democracy (MMD) Youths have apologized to the National over the conduct of Raphael Nakachinda.

Patriotic Front (PF) Nominated Member of Parliament Mr. Raphael Nakachinda has in the recent past issued tribal remarks against the Tonga People.

The Youths through their National Youth Treasurer, Mr. Salt Mubita said that Raphael Nakachinda is an Ungrateful person.

“The New Hope MMD Youths are not shocked with the conduct of PF Nominated Member of Parliament Mr. Raphael Nakachinda. This is someone who our Party President Dr. Nevers Sekwila Mumba picked from the streets, bathed him, mentored him and introduced him to politics. Nakachinda was Dr. Mumba’s answering machine whenever you call President Mumba. But how has Nakachinda paid back Dr. Mumba’s kindness? He has paid back with insults, lies and treachery. To Us, Nakachinda is an Ungrateful soul”, Mr. Mubita said.

Mr. Mubita said that just like the way Nakachinda betrayed Felix Mutati, he will soon betray the Patriotic Front.

“When Ba Mutati started working with Nakachinda, we warned him about his treasourous behavior but he decided to pay a deaf ear. How did Nakachinda pay him back, he got him fired and got his job as a Nominated Member of Parliament. We have already warned the Patriotic Front about him but like Mutati they have also paid a deaf ear. We don’t want to be prophets of Doom, but with Nakachinda’s track record, we foresee him betraying them like what he did to President Mumba and Felix Mutati”, Mr. Mubita said.

Mr. Mubita said that it was shocking that Nakachinda can attack his tribes mate for a few copper ngwees.

“Though we understand how treacherous Nakachinda is, we never thought he could attack his own tribes mate in Southern Province for a few copper ngwees. Nakachinda should realize that family comes before Politics and we would like to call upon Former Defense Minister Hon. Geoffrey Bwalya Mwamba who resigned as Minister over his family to school Nakachinda that family is everything”, Mr. Mubita said.

Mr. Mubita then apologized to the Nation over Nakachinda tribal remarks.

“We would like to apologize to the Nation and the people of Southern Province for the recent tribal remarks by Raphael Nakachinda. We have seen it best to apologise because we are they ones who introduced him to politics, had we known that he was a cheap low level Judas Iscariot, We would never have allowed him into politics”, Mr. Mubita said.

CHAPTER One Foundation says Bill 10 does not address the concerns raised by some sections of the youth, women, and people living with disabilities that they are underrepresented.

Executive director Linda Kasonde said in a statement that the current Constitution was not an enemy of fair representation as it provides clear and mandatory terms that the system of elections “shall” ensure fair representation of various interest groups and gender equity in the National Assembly and councils.

“What is lacking is enforcement of those provisions which the government has the power to do. The constitutional provisions for the representation of marginalised groups already exists and can be implemented and enforced by the Electoral Commission of Zambia as well as political parties,” she said.
Kasonde stated that the Foundation had heard of calls for the Constitution (Amendment) Bill No. 10 of 2019 to be passed on the basis that it will enhance the representation of women, youth, and persons with disabilities in the National Assembly.

“We believe that the representation of marginalised interest groups such as women, youth and differently abled people in government is an important aspect of an inclusive democracy,” she stated. “We would like to highlight that the Zambian Constitution, which is the supreme law of the country, already provides that the electoral system must allow for the representation of different interest groups at presidential, parliamentary and local government level. Article 45 (1) of the current Constitution states as follows, ’45. (1) The electoral systems provided for in Article 47 for the election of President, Member of Parliament or councillor shall ensure: (a) that citizens are free to exercise their political rights; (b) universal adult suffrage based on the equality of a vote; (c) fair representation of the various interest groups in society; and (d) gender equity in the National Assembly or council’.”

Kasonde stated that those constitutional provisions had been in place since the Constitution was amended in 2016 and yet the government had not implemented them.

She stated that this shows a lack of political will on the part of the government.

“It begs the question why this government is now keen to push this agenda when they have had the power and authority to operationalise the laws that would enhance the participation of marginalised groups for the last four years,” Kasonde stated.

“Section 9 of Bill 10 seeks to amend Article 47 of the Constitution which provides as follows: ’47. (1) Elections to the office of President shall be conducted directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty per cent of the valid votes cast, and in accordance with Article 101. (2) Elections to the National Assembly shall be conducted under a first-past-the-post electoral system in accordance with Article 68. (3) Elections to councils shall be conducted under a first-past-the-post electoral system and in accordance with Articles 153 and 154. (4) A constituency and a ward shall retain only one member to the National Assembly and council, respectively’.”

It is proposed that section 9 of Bill 10 would replace Article 47 of the Constitution with the following provisions: “Article 47 of the Constitution is amended by the deletion of clause (2) and the substitution therefor of the following: (2) Elections to the National Assembly shall be conducted under a mixed-member electoral system, as prescribed.”

Kasonde said a mixed‐member electoral system was a mixture of two principles of electoral system design: a majoritarian system, which is what the country currently has, where the parties with the most elected officials have the most seats in parliament; and proportional systems where the seats in parliament are divided according to the proportion of the votes that each party receives in a general election.

She said subsequently, unlike the provisions of the current Constitution, Bill 10 only provides for a mixed-member system but does not specifically provide for representation of marginalised groups.

“The constitutional provisions for the representation of marginalised groups already exists and can be implemented and enforced by the Electoral Commission of Zambia as well as political parties. Bill 10 does not address the concerns raised by some sections of the youth, women, and people living with disabilities that they are underrepresented,” Kasonde stated. “The current Constitution is not the enemy of fair representation, it provides clear and mandatory terms that the system of elections ‘shall’ ensure fair representation of various interest groups and gender equity in the National Assembly and the councils. What is lacking is enforcement of those provisions which the Government has the power to do.”

Kasonde also noted that, article 259 of the current Constitution provides that: “259. (1) Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure – (b) that fifty percent of each gender is nominated or appointed from the total available positions unless it is not practicable to do so; and (c) equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment.

Further, “(2) A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.”

The Zambian Cabinet has eight female ministers against 29 positions of a possible 30 Cabinet Ministers. There are currently 10 provincial ministers that are all male.

“From the evidence and trends in appointments, it is clear that Article 259 of the Constitution is not being followed by the government. Therefore, it is clear that it is not the law that stands in the way of representation of marginalised groups but a lack of political will. Currently, one can legitimately argue that the composition of the National Assembly, Cabinet and many Councils can be said to be unconstitutional where they do not comply with the provisions of the Constitution,” she stated.

Kasonde reiterated the Foundation’s position that Bill 10 should be withdrawn as it is a danger to the principles of democracy and only seeks to undermine the power of the Zambian people.

FORMER special assistant to the President for political affairs Kaizer Zulu says he did not beat Chitambo PF member of parliament Remember Mutale, despite him insulting President Edgar Lungu.

But Mutale claims Zulu beat him after he refused to be part of a ploy within PF created to facilitate a way for Lusaka lawyer Kelvin Bwalya Fube (KBF) to contest the 2021 elections on the ruling party ticket.

This is a matter in which the two were involved in a brawl at a famous drinking joint called Chicago’s in Lusaka last Friday.

In an interview, Zulu denied the allegations, but accused the PF law maker of using vulgar language to describe the Head of State during their drinking spree.

“It is not true [that I beat him]. If you read from other versions that he has given, he says that I sent people to go and beat him but the truth is that he insulted the President, and I reported him to the police first. So this is a counter accusation that he is trying to level against me,” Zulu said before giving his version of what transpired.

“He joined my table at Chicago’s, not that we were together. He first hugged me, we went and sat, I asked him a particular question and in response he said the following; ‘what have you and chik**a Lungu done for me to be pushing your agenda. It was at that point that I asked him to leave, but certainly he did not want to leave but they took him out of the club. That is the truth,” claimed Zulu.

In a separate interview, Mutale said Zulu instructed youths to bundle him in a van and took him to Central police.

“That man Kaizer is not normal. I have a friend called Duncan Zulu he comes from the Copperbelt he is the one who invited me that we go and have a drink at Chicago’s. Honestly I [initially] refused to go there because I said I don’t drink from that place. [But] we went there and after drinking for 30 minutes or so I noticed some people entering a bar, a group of youths who were looking like thugs. I got worried and I thought this could be UPND cadres coming for my life. I wrote a text to the Inspector General of Police telling him I was under siege but he did not respond to my text,” Mutale narrated.

“I had to call (Daniel) Kalembe and he sent me a boy called Mwelwa. Some boy who I have now come to know that he is ‘soldier’ came to where I sat, my colleague Duncan had gone to the toilet, that soldier guy came to grab a seat. But I told him there was a person on that seat, and there was confusion that is how Mwelwa calmed the situation. I decided to leave because I did not feel safe. When leaving, I met Kaizer by the gate he is the one who noticed and forced me back in Chicago’s.”

He said after buying him some whiskey, Zulu introduced the agenda to back KBF at the PF convention.

“He bought two bottles of 21 years whisky. We started having a conversation then from nowhere he said ‘so you people want to go and ensure that Davies Mwila stands as President at the Convention and you have allowed it?’ I told him Mwila was my boss and we cannot talk about those issues. He started telling his boys that ‘I want you to bring this boy to Kafue, we should have a boat cruise together’ I asked him why he was inviting me for the boat cruise and I refused to go there. He got money and put in my pocket and that I should buy fuel when going to Kafue,” narrated Mutale.

“I asked why he was insisting that I should go to Kafue he said ‘I know you are very powerful provincial chairman for Central Province. What I want is that you create a way so that KBF can come and enter at the PF convention.’ I told him I couldn’t do that because KBF is no longer in PF and I told him that I was not the one who makes the lists for people to go at the convention. So he started saying why are you refusing to accept what I am telling you. That is how his boys lifted me up, dragged me out, Kaizer came and head-butted me and I was bundled onto a land cruiser.

NATIONAL Democratic Congress (NDC) leader Chishimba Kambwili says the only reason he is quiet over the decision by the party’s Roan member of parliament Joseph Chishala to support Bill 10 is because it is an offence to force a parliamentarian to vote otherwise on a bill.

Meanwhile, Chishala insists that he has not been compromised by supporting Bill 10 and that he has not shifted to the ruling PF.

Speaking to journalists after a court appearance, Friday, Kambwili said that he has never changed his stance on Bill 10 and that the party will handle Chishala’s case internally.

“I have never changed my position about Bill 10, I have never changed my position and I will never change my position. I instructed Chishala to go to a caucus which was a day before, and by the way, he was in my house, we were with the veep [Josephs Akafumba] up to 13:00 hours and our instructions are very clear – to go against Bill 10 so those allegations are just rubbish. My vice president can bear witness,” Kambwili said in response to accusations that he had changed his position on Bill 10.

“We were with Chishala up to one o’clock, he moved from our house to go to Parliament and we gave him clear instructions, so we are not worried about those allegations because our stance on Bill 10 remains the same, that’s our party position, NDC position. You know that in parliament, you cannot force an MP, it’s against the principles of parliament and it’s an offence, so don’t think our keeping quiet is the fact that [we’ve changed our position], we know that it is an offence to force an MP to vote otherwise, but that does not mean we are not doing anything, we will handle that matter internally.”

And speaking at a joint press briefing led by Government Chief Whip Brian Mundubile at Lusaka’s Pamodzi Hotel, Friday, Chishala argued that he belonged to the NDC and insisted that he did not see any sense in walking out of Parliament when the Constitution Amendment Bill Number 10 was re-introduced and debated last Tuesday.

He also insisted that he had not been compromised by the PF, neither had he ditched the NDC in favour of the ruling party.

“All that propaganda going round that I have been compromised; I have shifted, I have gone to PF, that is a blue lie! What I can tell the nation and the people of Roan is that I am still NDC, and I am in Parliament as NDC. I am not in Parliament as PF. Therefore, whatever move I make in Parliament, I make it for the sake of people of Roan. My stay in Parliament, I do it according to the way I feel it will benefit the people of Roan. There is no need for me to walk out of Parliament. I want to assure the people of Roan that I will never walk out of Parliament at all cost, I would rather fight from inside the House. I don’t see any sense of walking out because the people of Roan voted for me to debate in Parliament and not to walk out. I don’t see how I will formulate laws outside Parliament; laws are formulated from inside Parliament, so walking out, for me, it doesn’t make any sense,” said Chishala.

And Kabwe Central PF member of parliament Tutwa Ngulube, who is also Government Deputy Chief Whip, charged that it was illegal for the party to withdraw Bill 10.

“If you look at our Republican Constitution, as adopted on August 24, 1991, Article 79 is the only clause in the Constitution that talks about alterations to the Constitution. And if you read the whole of Article 79, you do not even see the Select Committee; you don’t even see the National Dialogue Forum (NDF), you don’t even see the consultations people talk about. But I think the PF thought this is a very important process and we don’t want to leave anyone behind and so they listened to the views of the people…,” Ngulube said.

“And the way Article 79 was framed as it stands, you cannot amend Article 79 without a referendum. So, those people, who are saying, ‘we are not happy with the content, we need more consultations…’ first of all, they have to be reminded to change Article 79, or to add or subtract anything, we need a referendum. So, Article 79 is cast in concrete unless you hold a referendum to include issues that our colleagues in the UPND have been trying to raise as far as we are concerned, the process which Bill 10 passed was in conformity with the provisions of Article 79.”

Bwana Mkubwa PF member of parliament Dr Jonas Chanda said claims that Bill 10 would extend President Lungu’s tenure of office were propaganda.

“There has been propaganda that Bill 10 aims to extend the tenure of office of His Excellency, Dr Edgar Chagwa Lungu, and his government. That is a lie and the problem with lies is that they have short legs; they get tired very quickly and you cannot defend them,” said Chanda.

And Lusaka Central PF member of parliament Margaret Mwanakatwe, who is former Minister of Finance, claimed that State House had no intention of printing money.

“…Article 71 by the Bank of Zambia (BoZ) and the submission, which was made by the Central Bank, they wanted to be in tandem with the SADC protocol of 2009, which advises or recommends that only the main functions of the Bank, which is monetary functions remain in the Constitution and all the functions are put in subsidiary legislation, which the BoZ wanted. So, it was very clear that they wanted the functions of the Central Bank to remain in the Constitution and we were quite happy to listen to the submissions and we have maintained the functions of the Central Bank in the Constitution. So, they can be rest assured that we are not intending to print money in Cabinet or in the Ministry of Finance or State House,” said Mwanakatwe.

Nalikwanda UPND member of parliament Prof Geoffrey Lungwangwa stressed that Bill 10 would restore chiefs’ traditional authority in the country if passed.

“Article 165 is about our traditional leaderships’ authority. As we are all aware, there has been a lot of succession wrangles, whether it is in the Bemba Kingdom, the Gawa Undi Kingdom, the Litunga of the Barosteland,” said Prof Lungwangwa.

PRINCE Akashambatwa Mbikusita Lewanika says just like UNIP and MMD, PF has betrayed the people by going back on certain promises they made about enhancing people’s freedoms.

And Akashambatwa says young people must rise up and fight for a better country because his generation is too old to contribute to governance issues as they used to at one time.

Meanwhile, Akashambatwa says leaders of political parties encourage violence by allowing cadres to dress up as though they are going to war.

Speaking at a stakeholders workshop organized by the Human Rights Commission in Mongu recently, Akashambatwa observed that politicians were fond of changing positions once voted into office.

“The history of Zambia is that UNIP was oppressive and it only realized how bad oppression is when it was in opposition. MMD was a champion of ending oppression [but] once they were in a seat to end it, they perpetuated it. PF was a very big champion against the Public Order Act, when it went into power suddenly it says ‘you cannot have a society without a Public Order Act.’ Now, are there any other potential betrayers who today may be pretending to be championing the cause of freedom?” Akashambatwa asked.

“The way UNIP championed independence freedom, the way MMD championed democracy and development, the way PF championed against the Public Order Act? How do we make sure that we do not continue this culture? We can only do that if the freedom we fight for is the freedom for everybody. We can only do that if the democracy we fight for, the justice we fight for is the justice for everybody including those we don’t agree with. And the time to show that if you go into power next you will be different is now before you are in power. Let us hear you even if you are in opposition. If injustice is being done by someone from the ruling party let us hear you stand up. If injustice is being done by your fellow party members, let us hear you stand up so that you can be partisan but in the context of being a nationalist.”

And Akashambatwa said it was time for young people to be actively involved in fighting for freedom.

“If you are looking for a rejuvenation of the struggle for democracy, the first place you should look at it is the mirror. If in the past you had people you had looked at, listened to, watched, and admired and proud of what they were doing, don’t now so many years later be perplexed (that they are silent), some have died some have cooled down; even your silence has disappointed them and incapacitated them So we ourselves should look in the mirror let us be the change we want. We are the ones that are awaited. If there were young people in the past who did certain things and you are young now, you should ask yourself why you are not like those young people. Not why those who were young people in 50 or 60 years ago are no longer acting like young people. In terms of youth, I will tell you that the reason why many changes are engineered by younger people is because when you are young, you are free to have audacity, you are also full of naivety where you fear very little things, you have very little stake in society so this your chance when you are young to really put your foot forward and not to be a spectator I think that that is most important. There are too many spectators,” Akashambatwa lamented.

“The liberation of democracy, democratic struggle is complete many efforts have been made in the past none of them have succeeded, none of us have succeed. So the struggle is still there and those of you who are young, are the ones now we are looking to, not to complain that the old people have become old but to say you are still young so let us see the energy come into the field. Somewhere specifically as you say that in 1991 that there were dynamic people like Aka who inspired them and my answer was that, if for one minute in my life in the past had I inspired you, this is your chance now to be the Aka you had admired, not to look for the old Aka to be the young Aka.”

Meanwhile, Akashambatwa said he was concerned about the conduct of today’s political party cadres.

“My other concern is young people, I am glad that participation here has been very vigorously from young people and a few old people. I am concerned about these people we call cadres. In the French language, cadre in political language, is a very positive word. It is a sign of commitment, ideological grounding and the fore front of your party. But it has obviously now not become such a positive word. And the areas which I would love to look at and which I ask all political leaders to look at as far as the cadres are concerned,… let me tell you who the young people were during the freedom struggle: the young cadres were the Rupiah Bandas, were the Venon Mwaangas, were the [Alexander] Chikwandas but they were sent to school! They were not sent to bars. So that when they came back from school, they found that they could continue with their mission. Now the present day leaders are challenged, what are you doing to these young people? Apart from taking them to streets, apart from getting them to drink, apart from getting them to fight, what about their future, if they are truly the future leaders? The other aspect which is related to that is the dress code which has been mentioned. All this pseudo militaristic stuff, why should you be roughly dressed as if you are going to war? When politics is supposed to be a civil aspect? And all our political leaders who allow these things are contributing to violence. Because if you dress a certain way, If you are dressed in a suit, it is very difficult to go to a fight into the mud but if you are already dressed like a thug, you are dressed like a military person, then you are ready for war, that is very bad! And that should be looked at and that bring some behavior. So that is a challenge to our leaders,” he said.

He insisted that any amendment to the constitution should be beyond party interests.

“There is no country without law and order. The truth is that there cannot be law and order without justice. So if you want to reinforce law and order, check out whether the law itself is just to everybody. Also related to that is that freedom and human rights are indivisible. When we had the heated debate on the treatment of members of the press, on all sides, the mistreatment of them, what came to mind clearly is that we are forgetting that for you to be a democrat, you must not just exercise your own freedom, you must fight and stand up for the freedom of everybody else including the minorities and including those who don’t agree with you. So whether you are the ruling party, if the opposition party is being harassed, stand on the principle that nobody should be harassed whether you agree with them or not. So that whether it is the State media or the public media or the private media which is being mistreated, those who want a future in which they are not mistreated must stand up for those who are mistreated. If you want non violence in our politics, you must condemn all violence even if it being perpetuated by people you are associated with so that you buy your credibility,” said Akashambatwa.

PRESS STATEMEMT FOR IMMEDIATE RELEASE

Lusaka_22nd March 2020

UPND CELEBRATES ANDERSON MAZOKA’S BIRTHDAY. HAPPY BIRTHDAY Mr.PRESIDENT.

Today, the 22nd March, UPND’S founding President, Anderson Kambela Mazoka was born.

Mazoka, the president who was elected to lead the country but never ascended to the throne in 2001 , was robbed of his victory.

The MMD under out going President Fredrick Chiluba then ensured he never became President.

Had Anderson Mazoka been alive today, we would have celebrated and gathered in a happy gathering as UPND to wish him a very happy birthday.

However , as we celebrate his birthday today, we still wish to convey a happy birthday message to our beloved Andy and esteemed leader, certain that he continues resting in peace.

Today , march 22nd, the UPND family joined by all corners of Zambia, stand up and say in unison – happy birthday Kambela, our dear and respected leader and simply our Andy.

As we celebrate his birthday, this is time of great stress for Andys’s movement , the UPND, our country Zambia and the world . We wish to emphasise three things.

One of these is that throughout its existence, UPND has had to confront and respond to threats which challenge it’s very existence.

At this time in history, UPND is faced with the demonic and evil Bill 10 which the PF government wants to force down our throats as a nation.

Our able UPND MPs with a clear developmental vision for the future of Zambia have so far worked tirelessly to ensure it is not enacted into law.

Another is that these threats and the UPND responses have also been related to the development of the country to ensure the nation’s multiparty system continues to grow and exist.

This describes what has been somewhat of a deep umbilical cord between the development of the movement of Anderson Mazoka, the UPND and multiparty democracy in Zambia, which Anderson was among the key architects.

The UPND Party of today is the torch bearer and has the burden to carry and ensure that Andy’s vision of a vibrant multiparty democratic system in Zambia is enshrined and etched in the Zambian people’s hearts.

In this regard, we want to remind the people of Zambia that since President Hakainde Hichilema took over as UPND president, this has been one of his underlying pillars and UPND has stood out as a defining player in terms of the construction of the relationship described by the respective evolution of the UPND and Zambia.

We are certain as UPND that this phenomenon has not been sufficiently canvassed in the public discourse correctly to explain and implant in the public conscious President HH and UPND’S deep and historical commitments to the facets of democracy in Zambia.

UPND, especially in the last few years has faced the threat of withering away out of existence due to the brutality of the ruling PF government but President’s HH’ tenacity, beliefs , values and his commitment to Anderson Kambela Mazoka’s vision has today ensured UPND remains on track to ensure Andy’s full vision will be realised come 2021.

Finally, we in the UPND family wish to invoke the Zambian people to remember the life of Anderson Mazoka during these difficult times. We cannot afford to be gripped by fear but we must be courageous enough to have a clear vision for a better Zambia which others will be able to carry and fight for even when we are long gone.

Happy birthday President Andy.
May your soul continue to rest in peace.

Issued by:

Stephen Katuka
UPND Secretary General

The Human Rights Commission has commended Inspector-General of Police, Mr. Kakoma Kanganja, for directing police officers to release persons charged with misdemeanors and contravention offences on police bond when he announced the constitution of a committee to coordinate the Zambia Police response to the Convid-19 Pandemic.

The Commission believes that the directive by the Inspector-General of Police should be the norm and not the exception made during this period of the Convid-19 Pandemic only as a preventative measure aimed at curbing the spreading of the virus to persons held in police cells.

Commission Acting Spokesperson Simon Mulumbi says, the detention of suspects beyond the prescribed 24 hours is common and of grave concern to the Commission as such overuse of pre-trial detention has continued to contribute to overcrowding in police cells and the resulting violation of the rights of the detainees.

he said It is extremely important that the Police should consider granting police bond for all offences that are bailable/bondable and remember that the Constitution of the Republic of Zambia guarantees to everyone the presumption of innocence in the event of being suspected to be a criminal.

The Commission is confident that the directive by the Inspector-General of Police will be consistently implemented by police officers to ensure that all persons who are charged with bondable offences are granted police bond as a matter of law as provided for under section 33 (1) of the Criminal Procedure Code Act Chapter 88 of the Laws of Zambia which provides that:
“When any person has been taken into custody without a warrant for an offence other than an offence punishable with death, the officer in charge of the police station to which such person shall be brought may, in any case, and shall, if it does not appear practicable to bring such person before an appropriate competent court within twenty-four hours after he was so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person, on his executing a bond, with or without sureties, for a reasonable amount, to appear before a competent court at a time and place to be named in the bond: but, where any where any person is retained in custody, he shall be brought before a competent court as soon as practicable. Notwithstanding anything contained in this section, an officer in charge of a police station may release a person arrested on suspicion on a charge of committing any offence, when, after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.” he said.

5FM NEWS

BILL-10 MUST DIE, MORE-&-MORE LACUNAS,

READ THE FULL-&-REAL BILL-10 BELOW,

& SEE THAT THE DEVIL IS IN THE DETAILS,

ZAMBIA IS NOT FOR WAMUYAYAYA FOR. PF & EDGAR CHAGWA LUNGU. NEVER.

THE CONSTITUTION OF ZAMBIA (AMENDMENT), BILL 10, 2019,

MEMORANDUM
The object of this Bill is to amend the Constitution of Zambia so as to—
(a)revise the Preamble in order to reaffirm the Christian character of Zambia;
(b)revise the principles and values of the Constitution;
(c)revise the electoral system for elections to the National Assembly;
(d)revise the period for dissolution of the National Assembly;
(e)revise the period of hearing and determination of a presidential election petition;
(f)revise the manner of election of mayor and council chairperson;
(g)establish the office of deputy minister;
(h)revise the composition of the Cabinet;
(i)revise the provisions relating to the establishment of commissions;
(j)revise the provisions relating to the payment of pension
benefits and retention on the payroll;
(k)provide for the membership of Members of Parliament in councils;
(l)establish the Drug Enforcement Commission as the Anti-Drugs, Economic and Financial Crimes Agency and re-define its function as a national security service;
(m)revise the functions of the Public Protector;
(n)revise the functions of the Bank of Zambia;
(o)revise the functions of the Auditor-General; and
(p)provide for matters connected with, or incidental to, the foregoing.

L. KALALUKA,
Attorney-General
N.A.B. 10, 2019, 21st June, 2019

A BILL ENTITLED,
An Act to amend the Constitution of Zambia.
ENACTED by the Parliament of Zambia
1. This Act may be cited as the Constitution of Zambia (Amendment) Act, 2019, and shall be read as one with the Constitution of Zambia, in this Act referred to as the Constitution.
2. The Preamble is amended by the deletion of the words “multi-religious” and the substitution therefor of the word “Christian”.
3. Article 1 of the Constitution is amended by the deletion of clause (5) and the substitution therefor of the following:
(5) Subject to Article 28, a matter relating to this Constitution shall be heard and determined by the Constitutional Court.
4. Article 4 of the Constitution is amended by the deletion of Clause (3) and the substitution therefor of the following:
(3) The Republic is a Christian, unitary, indivisible, multi-ethnic, multi-racial, multi-cultural and multi-party democratic
State.;
5. Article 8 of the Constitution is amended by the deletion of paragraph (a)and the substitution therefor of the following paragraph:
(a)Christian morality and ethics;.
6. Article 10 of the Constitution is amended by the deletion of Clause (4) and the substitution therefor of the following:
(4) Subject to Article 16, the Government shall not compulsorily acquire an investment.;
7. Article 38 of the Constitution is amended by the insertion of the words “as prescribed” immediately after the word “adoption”.
8. Article 46 of the Constitution is amended by the insertion of the words “as prescribed” immediately after the word “ballot”.
9. Article 47 of the Constitution is amended by the deletion of clause (2) and the substitution therefor of the following:
(2) Elections to the National Assembly shall be conducted under a mixed member electoral system, as prescribed.
10. The Constitution is amended by the repeal of Article 51 and the substitution therefor of the following:
51. A person is eligible for election as an independent candidate for a National Assembly seat if the person meets the qualifications specified in Article 70 for election as a Member of Parliament.
11. The Constitution is amended by the repeal of Article 52.
12. The Constitution is amended by the repeal of Article 60 and the substitution therefor of the following:
60. (1) A political party shall be established as prescribed.
(2) A political party shall—
(a)promote the values and principles specified in this Constitution;
(b)have a national character;
(c)promote and uphold national unity;
(d)promote and practice democracy through regular, free and fair elections within the party; and
(e)subscribe to and observe the code of conduct for political parties, as prescribed.
(3) A political party shall not—
(a)be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors;
(b)engage in or encourage violence or intimidate its members, supporters, opponents or other persons;
(c)engage in corrupt practices; and
(d)except as prescribed, use public resources to promote its interest or that of its members.
13. Article 63 (2) of the Constitution is amended by the deletion
of paragraphs (d)and (e).
14. Article 67 of the Constitution is amended—
(a)in clause (3), by the deletion of the words “within fourteen days of the publication of the statutory instrument in the Gazette”; and
(b)by the deletion of clauses (4), (5) and (6).
15. The Constitution is amended by the repeal of Article 68 and the substitution therefor of the following:
68. Subject to Article 47, the election, nomination, qualification and vacation of office of a Member of Parliament shall be as prescribed.
16. The Constitution is amended by the repeal of Articles 69,70, 71 and 72.
17. Article 73 of the Constitution is amended in clause (2), by the insertion of the words “and determined” between the words “heard” and “within”.
18. Article 74 of the Constitution is amended by the deletion of clause (1), and the substitution therefor of the following:
(1) The Vice-President shall be the Leader of Government Business in the National Assembly.
19. Article 75 of the Constitution is amended—
(a)in clause (1), by the deletion of the word “sitting” and the substitution therefor of the word “meeting”;
(b)in clause (2), by the deletion of the word “sittings” and the substitution therefor of the word “meetings”;
(c) by the deletion of clause (3) and the substitution therefor of the following:
(3) Notwithstanding clause (2), the President, or two-thirds of the Members of Parliament, may, in writing, request the Speaker to summon a meeting of the National Assembly.;
and
(d)in the marginal note, by the deletion of the word “sittings” and the substitution therefor of the word “meetings”.
20. Article 78 of the Constitution is amended—
(a)in clause (2), by the deletion of paragraph (b) and the substitution therefor of the following:
(b)in the case of a tie, another vote shall be taken.
(b)by the insertion of the following new clause immediately after clause (2):
(3) If at the conclusion of a second vote, there is a tie, a third vote shall be taken, and in the event of a tie, the question shall be lost.
21. Article 80 (2) of the Constitution is amended by the deletion of the word “sitting” and the substitution therefor of the word “meeting”.
22. The Constitution is amended by the repeal of Article 81
and the substitution therefor of the following:
81. (1) The term of Parliament shall be five years commencing from the date that the Members of Parliament are sworn into office after a general election and ending on the date of the next general election.
(2) The National Assembly may, when the Republic is at war, by resolution supported by a simple majority vote of the Members of Parliament, extend the term of Parliament for not more than twelve months at a time.
(3) Subject to clauses (4), (5) and (6), the President may dissolve Parliament if the Executive cannot effectively govern the Republic due to the failure of the National Assembly to objectively and reasonably carry out its legislative function.
(4) Where the President intends to dissolve Parliament in accordance with clause (3), the President shall inform the public and refer the matter, within seven days, to the Constitutional Court.
(5) The Constitutional Court shall hear and determine the matter, referred to it in accordance with clause (4), within seven days of receipt of the matter.
(6) The Constitutional Court shall, where it decides that the situation in clause (3) exists, inform the President and the President shall dissolve Parliament.
(7) Where Parliament is dissolved under clause (3), the President shall, until the President-elect assumes office, continue to perform the executive functions, in accordance with Article 104.
(8) Where Parliament is dissolved under clause (3), general elections shall be held within ninety days of the dissolution.
(9) The President may, due to a state of war, state of public emergency or threatened state of public emergency, after the dissolution of Parliament and before the holding of general elections, recall the National Assembly that was dissolved.
(10) The President may, in consultation with the Speaker, prorogue Parliament by proclamation.
23. Article 83 of the Constitution is amended—
(a)in clause (1), by the deletion of paragraph (b)and the substitution therefor of the following:
(b)been legally disqualified from performing the functions of the Office of Speaker or Deputy
Speaker;
(b)clause (5), by the deletion of paragraph (a)and the substitution therefor of the following:
(a)are not substantiated, the National Assembly shall, reinstate the Speaker or Deputy Speaker; or;
And
(c)in the marginal note, by the insertion of the words “or Deputy Speaker” after the word “Speaker.”
24. The Constitution is amended by the repeal of Article 84 and the substitution therefor of the following:
84. (1) There shall be a Clerk of the National Assembly who shall be appointed as prescribed.
25. Article 88 of the Constitution is amended by the deletion of clause (1) and the substitution therefor of the following:
(1) A citizen may petition the National Assembly to—
(a)initiate the enactment, amendment or repeal of legislation; or
(b)consider any other matter that falls within the jurisdiction of the National Assembly.
26. Article 92(2) of the Constitution is amended—
(a)in paragraphs (a)and (b), by the deletion of the word “consuls,” and the substitution therefor of the words “consuls general”; and
(b)by the deletion of paragraph (c)and the substitution therefor of the following:
(c) negotiate and sign international agreements and treaties and, ratify or accede to, or withdraw
from, international agreements and treaties;
27. The Constitution is amended by the repeal of Article 94 and the substitution therefor of the following:
94. (1) Where in this Constitution, an appointment to an office or the taking of a measure by the President is subject to approval by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for approval, give its approval within thirty days of the commencement of the sitting.
(2) Where the National Assembly does not give its approval within the period specified in clause (1), the President shall propose another measure or appoint another person to that office, and submit that measure or appointment for approval by the National Assembly.
(3) Where the National Assembly refuses or delays the approval for the second time, the President shall propose another measure or appoint another person to that office and shall submit that measure or appointment for approval by the National Assembly.
(4) Where the National Assembly refuses or delays the approval of the measure or appointment for the third time, that measure or appointment shall take effect.
28. Article 95(1) of the Constitution is amended by the deletion of the words “twenty-one” and the substitution therefor of the word “thirty”.
29. Article 100(2) of the Constitution is amended by the deletion of paragraph (f)and the substitution therefor of the following:
(f)is legally disqualified from performing the executive functions.
30. The Constitution is amended by the repeal of Articles 101,
102, 103 and 104 and the substitution therefor of the following:
101.(1) A President shall be elected by registered voters in accordance with Article 47(1) and this Article.
(2) The Returning Officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as President-elect.
(3) If at the initial ballot, a presidential candidate does not receive more than fifty percent of the valid votes cast, the candidate with the highest number of vote cast shall, within fourteen days of the declaration by the Returning Officer of the presidential election results negotiate and form a coalition government with a presidential candidate that participated in the initial ballot, except that the combined votes of that presidential candidate and the preferred presidential candidate forming the coalition government meet the threshold of more than fifty percent of the valid votes cast.
(4) Where the candidate with the highest number of votes fails to form a coalition government within the period specified in clause (3), a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained—
(a) the highest and second highest number of valid votes cast in the initial ballot; or
(b)an equal number of the valid votes cast in the initial ballot, being the highest votes amongst the presidential candidates that stood for election to the office of President.
(5) The Returning Officer shall declare as President-elect—
(a)the presidential candidate who obtains more than fifty percent of the valid votes cast;
(b)in the event of the formation of a coalition, the presidential candidate who obtains the highest number of valid votes cast; and
(c)in the case of a second ballot, the presidential candidate who obtained the majority of the valid votes cast in the second ballot.
(6) A losing candidate may petition a presidential election in accordance with Article 103.
102. (1) A presidential candidate shall not take part in the second ballot, if that presidential candidate—
(a)resigns for a reason other than ill- health;
(b)becomes disqualified as specified in Article 100;
(c)is disqualified by a decision of the Constitutional Court in accordance with Article 103;
(2) Where a presidential candidate does not take part in a second ballot because of a reason specified in clause (1), a candidate who scored the third highest number of valid votes cast in the initial ballot, shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot.
(3) If a presidential candidate—
(a)dies; or
(b) resigns due to ill health; before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate.
(4) The presidential candidate who assumes the place of the previous presidential candidate in accordance with clause
(2) shall appoint a running mate.
(5) Where both presidential candidates—
(a)resign;
(b) become disqualified under Article 100;
(c)become disqualified by a decision of the Constitutional Court under Article 103; or
(d)die; before the taking of the second ballot, fresh nominations shall be filed with the Electoral Commission, as prescribed.
103. (1) A losing candidate may, within seven days of the declaration made under Article 101(2) and (5), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that—
(a)the person was not validly elected; or
(b)a provision of this Constitution or other written law relating to presidential elections was not complied with.
(2) The Constitutional Court shall hear and determine an election petition filed in accordance with clause (1) within thirty days of the filing of the petition.
(3) The Constitutional Court may, after hearing an election petition—
(a)declare the election of the President-elect valid;
(b)nullify the election of the President-elect;
(c)disqualify the President-elect from being a candidate in the second ballot; or
(d)grant any other relief the court considers just.
(4) A decision of the Constitutional Court made in accordance with clause (3) is final.
(5) A losing candidate may, within seven days of the declaration of President-elect, by the Returning Officer following the second ballot, petition the Constitutional Court to nullify the election of the President-elect on the ground that—
(a)the person was not validly elected; or
(b)a provision of this Constitution or other written law relating to presidential elections was not complied with.
(6) The Constitutional Court shall hear and determine an election petition relating to the President-elect within thirty days of the filing of the petition.
(7) Where the election of the President-elect and Vice-President is nullified by the Constitutional Court, a presidential election shall be held within sixty days from the date of the nullification.
104. (1) The President-elect shall be sworn into office and assume office in accordance with Article 105.
(2) Subject to clauses (3) and (4), where the Returning Officer declares a presidential candidate as President-elect, the incumbent shall continue to perform the executive functions until the President-elect assumes office, except the power to—
(a)make an appointment; or
(b)dissolve the National Assembly.
(3) Subject to Article 105, and except where the incumbent is the President-elect, the incumbent President shall, on the assumption of office by the President-elect, begin and complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President-elect assumes office.
31. Article 107 of the Constitution is amended by the deletion of the words “physical or mental” wherever the words appear.
32. Article 108 of the Constitution is amended by the deletion of—
(a)clause (8)(a)and the substitution therefor of the following:
(a)is not substantiated, the National Assembly shall not take further proceedings in respect of the allegation; or; and
(b)by the deletion of clause (9) and the substitution therefor of the following:
(9) The President shall, on the passing of the resolution in accordance with—
(a)clause (8)(a), resume to perform the executive functions; or
(b)clause (8)(b), cease to hold office and be amenable to prosecution without the need to lift the immunity under Article 98.
33. Article 111 of the Constitution is amended—
(a)by the deletion of clauses (3) and (6); and
(b)by the renumbering of clauses (4) and (5) as clauses (3) and (4), respectively.
34. The Constitution is amended by the deletion of the sub-heading immediately after Article 112 and the substitution therefor of the following:
“Cabinet, Minister, Provincial Minister and Deputy Minister”.
35. Article 113 of the Constitution is amended by the deletion of paragraph (d) and the substitution therefor of the following:
(d)Provincial Ministers; and
(e)the Attorney-General and the Chief Whip, as ex-officio members.
36. Article 114 (1) of the Constitution is amended by the deletion of paragraphs (d) and (e)and the substitution therefor of the following:
(d)accede or ratify or withdraw from international agreements and treaties; and
(e)approve—
(i) loans to be contracted by the state; and
(ii) guarantees on loans contracted by State institutions;.
37. Article 116 (3) of the Constitution is amended—
(a)by the deletion of paragraph (f) and the substitution therefor of the following:
(f)the Minister is legally disqualified from performing the functions of that office; and
(b)by the insertion of the following new clause immediately after clause (3):
(4) Subject to this Constitution, a Minister shall continue to hold office until the next general election.
38. The Constitution is amended by the insertion of the following new Article immediately after Article 117:
117A. The President may appoint a prescribed number of Deputy Ministers as the President may consider necessary to assist Ministers in the performance of the Ministers functions and to exercise or to perform on behalf of Ministers functions of the Ministers that the President may authorise in that behalf.
39. Article 119 (2) of the Constitution is amended by the insertion of the words “and determine” immediately after the word “hear” wherever it appears.
40. Article 120 of the Constitution is amended—
(a)in clause (3) by the deletion of—
(i) paragraph (b)and the substitution therefor of the following:
(b)jurisdiction, powers and sittings of the courts and other prescribed courts;; and
(ii) paragraph (e) and the substitution therefor of the following:
(e) jurisdiction, powers and sittings of the courts and other prescribed courts; and
(b)by the deletion of clause (5).
41. Article 122 of the Constitution is amended by the deletion of clause (1) and the substitution therefor of the following:
(1) In the exercise of the judicial authority, the Judiciary shall be autonomous and shall be subject only to this Constitution and the law and not be subject to the control or direction of a person or an authority.
42. Article 124 of the Constitution is amended by the deletion of paragraph (c) and the substitution therefor of the following:
(c)an uneven number of judges, as prescribed.
43. The Constitution is amended by the repeal of Article 127 and the substitution therefor of the following:
127. There is established the Constitutional Court which consists of—
(a) the Chief Justice;
(b) the President of the Constitutional Court; and
(c)an uneven number of judges, as prescribed.
44. The Constitution is amended by the repeal of Article 129 and the substitution therefor of the following:
129. The sittings of the Constitutional Court shall be as prescribed.
45. The Constitution is amended by the repeal of Articles 138 and 139.
46. Article 140 of the Constitution is amended by the—
(a)deletion of paragraph (d); and
(b)the renumbering of paragraph
(e) as paragraph (d).
47. Article 142 (3) of the Constitution is amended by the deletion of the words “and President of the Constitutional Court”.
48. Article 143 of the Constitution is amended by the deletion of paragraph (a) and the substitution therefor of the following:
(a)is legally disqualified from performing judicial functions.
49. The Constitution is amended by the repeal of Article 144 and the substitution therefor of the following:
144. (1) The removal of a judge may be initiated by the Judicial Service Commission or by a complaint made to the Judicial Service Commission, based on the grounds specified in Article 143.
(2) The Judicial Service Commission shall, where it decides that a prima facie case has been established against a judge, submit a report to the President.
(3) The President shall, within seven days from the date of receiving the report, submitted in accordance with clause
(2), suspend the judge from office and appoint a Tribunal.
(4) The Tribunal shall consist of a Chairperson and at least two members, who all hold or have held the office of judge.
(5) The Tribunal shall, within thirty days of the judge being suspended from office, under clause (3)—
(a) hear and determine the matter against the judge on the grounds specified in Article 143 (b), (c) or (d);or
(b)constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into an allegation based on the ground specified in Article 143(a).
(6) Where the Tribunal decides that an allegation based on a ground specified in Article 143 (b), (c) or (d) is—
(a) not substantiated, the Tribunal shall recommend, to the President, the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or
(b)substantiated, the Tribunal shall recommend, to the President, the removal of the judge from office and the President shall immediately remove the judge from office.
(7) The proceedings under clause (5)(a) shall be held in camera and the judge is entitled to appear, be heard and represented by a legal practitioner or other person chosen by the judge.
(8) The medical board, constituted in accordance with clause (5) (b), shall consist of not less than three registered health practitioners.
(9) The medical board shall, within thirty days of being constituted, examine the judge and report to the Tribunal on the judge’s capacity to perform the judicial functions.
(10) Where the medical board recommends to the Tribunal that the judge is—
(a) capable of performing the judicial functions, the Tribunal shall recommend to the President the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or
(b) incapable of performing the judicial functions, the Tribunal shall recommend to the President the
removal of the judge from office and the President shall immediately remove the judge from office.
(11) A judge who refuses to submit to an examination, in accordance with clause (9), shall immediately be removed from office by the President.
50. Article 147 of the Constitution is amended by the deletion of clause (2) and the substitution therefor of the following:
(2) The concurrent and exclusive functions of the national, provincial and local government levels shall be as prescribed.
51. The Constitution is amended by the repeal of Article 149 and the substitution therefor of the following:
149. (1) The President may create or divide a province or merge two or more provinces, as prescribed.
(2) A province shall consist of such number of districts, as prescribed.
52. The Constitution is amended by the repeal of Article 153 and the substitution therefor of the following:
153. (1) A councilor shall be elected in accordance with Article 47(3) by registered voters’ resident within the ward.
(2) A council shall consist of the following councilors:
(a)persons elected in accordance with clause (1);
(b) a mayor or council chairperson;
(c) not more than three chiefs or three chief ’s representatives in the district, elected by the chiefs in the district, except that where a district has three or fewer number of chiefs, each chief may nominate a representative; and
(d) a Member of Parliament elected in accordance with Articles 47(2);
(3) The system of electing chiefs specified in clause (2)
(c) shall be as prescribed.
(4) A person qualifies to be elected as a councilor, if that person—
(a) is eighteen years of age or above;
(b) has obtained, as a minimum academic qualification, a grade twelve school certificate or its equivalent;
(c) is a citizen resident in the district;
(d)declares that person’s assets and liabilities, as prescribed; and
(e)has paid that person’s taxes or made arrangements satisfactory to the appropriate tax authority for the payment of the taxes.
(5) A council may invite a person, whose presence is in the council’s opinion desirable, to attend and participate in the deliberations of the council but that person shall have no vote.
(6) The term of a council shall be five years commencing from the date the councilors are sworn into office after a general election and ending on the date of the next general election.
53. The Constitution is amended by the repeal of Article 154 and the substitution therefor of the following:
154. (1) There shall be a mayor and a deputy mayor or council chairperson and a deputy council chairperson for every council, as prescribed.
(2) A mayor and deputy mayor or a council chairperson and deputy council chairperson shall be elected-(a)by councilors among themselves, as prescribed; and
(b) for a term of five years and may be re-elected for one further term of five years.
54. The Constitution is amended by the repeal of Article 157 and the substitution therefor of the following:
157. (1) A councilor shall vacate office on dissolution of a council.
(2) The vacation of office of a councillor shall be as prescribed.
55. The Constitution is amended by the repeal of Article 158.
56. The Constitution is amended by the repeal of Article 159 and the substitution therefor of the following:
159. The Chief Justice shall establish a number of ad hoc local government election tribunals for election petitions of a councillor as prescribed.
57. The Constitution is amended by the repeal of Article 165 and the substitution therefor of the following:
165. (1) Subject to clause (2), the institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
(2) The recognition or withdrawal of a person as a chief shall be as prescribed.
(3) Where there is a dispute in respect of an appointment or election of a chief and the dispute is not resolved in accordance with the culture, customs and tradition of the people to whom it applies the dispute shall be resolved by the House of Chiefs.
58. Article 168 (2) of the Constitution is amended by the deletion of the words “except that of councillor”.
59. The Constitution is amended by the repeal of Article 169 and the substitution therefor of the following:
169. (1) There is established a House of Chiefs.
(2) The House of Chiefs shall consist of five chiefs from each province, elected by the chiefs in a Province, as prescribed.
(3) The members of the House of Chiefs shall elect a Chairperson and Vice-Chairperson of the House of Chiefs, every five years from among themselves.
(4) The functions of the House of Chiefs are to—
(a) consider and discuss a Bill relating to custom or tradition referred to it by the President, before the
Bill is introduced into the National Assembly;
(b) initiate, discuss and make recommendations to the National Assembly regarding socio-economic development in the Province;
(c) initiate, discuss and decide on matters relating to customary law and practice;
(d)initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority;
(e)make proposals on areas in customary law that require codification;
(f) advise the Government on traditional and customary matters;
(g) resolve succession and any other disputes relating to chieftaincy as prescribed; and
(h)perform other functions as prescribed.

60. Article 170(2) of the Constitution is amended by the deletion of paragraph(d)and the substitution therefor of the following:
(d) is convicted of an offence and sentenced to imprisonment for a period exceeding six months without the option of a fine.

61. Article 176 of the Constitution is amended by the deletion—
(a)in clause (1), of the words “in consultation with the Civil Service Commission”;
(b)of clause (3) and the substitution therefor of the following:
(3) A person qualifies to be appointed as Secretary to the Cabinet if that person has served in a senior management position in the public service for at least ten years.
62. The Constitution is amended by the repeal of Article 178 and the substitution therefor of the following:
178. (1) The term of office of the Attorney-General shall be five years and shall run concurrently with the term of the President.
(2) The office of the Attorney-General becomes vacant if —
(a)the Attorney-General is removed from office by the President;
(b)another person assumes the office of President;
(c)the Attorney General dies;
(d)the Attorney-General resigns; or
(e)the Attorney-General is legally disqualified from performing the functions of that office.
63.Article 179 of the Constitution is amended—
(a) by the deletion of the words “Solicitor-General” wherever the words appear and the substitution therefor of the words “Deputy Attorney-General”;
64. Article 183 of the Constitution is amended—
(a)in clause (1), by the deletion of the words “in consultation with the Civil Service Commission”;
(b)in clause (3) (a) (ii), by the deletion of the words “province, local authority, State institution or other prescribed body” and the substitution thereof of the words “public body”; and
(c)by the deletion of clause (3)(b)and the re-numbering of
paragraphs (c), (d) and (e)as paragraphs (b), (c)and(d).
65. Article 184 (2) is amended by the deletion of paragraph (d).
66. Article 186 is amended by the insertion of the following clause immediately after clause (2):
(3) A public officer who seeks election under clause
(1) shall resign at least two years before the date of election.
67. The Constitution is amended by the repeal of Article 189 and the substitution therefor of the following:
189. A pension benefit shall be paid promptly and regularly.
68. Article 192 (2) of the Constitution is amended by the insertion of the following paragraph immediately after paragraph (c):
(d)perform other functions as may be prescribed.
69. Article 193 (1) of the Constitution is amended by the—
(a)insertion of the following paragraph immediately after paragraph (c):
(d)the Anti-Drugs, Economic and Financial Crimes Agency; and
(b)renumbering of paragraph (d)as paragraph (e).
70. The Constitution is amended by the repeal of Article 199 and the substitution therefor of the following:
199. A tax shall not be imposed, waived or varied, except as prescribed.
71. Article 213 of the Constitution is amended by the deletion of clause (2) and the substitution therefor of the following:
(2) The function of the Bank of Zambia is to formulate and implement monetary policy.
72. Article 214(1) of the Constitution is amended by the deletion of paragraph (b) and the substitution therefor of the following:
(b)a person who has specialised training and proven experience relevant to the functions of the central bank, as prescribed.
73. Article 215 (d) of the Constitution is amended by the insertion of the word “qualifications,” immediately before the word “tenure”.
74. The Constitution is amended by the repeal of Part XVIII and the substitution therefor of the following:
PART XVIII
SERVICE, INVESTIGATIVE ANDOTHERCOMMISSIONS ANDINDEPENDENT
OFFICES
216. (1) A service, investigative or other commission may be established as prescribed.
(2) A commission shall—
(a) be subject only to this Constitution and the law;
(b) be independent;
(c)act with dignity, professionalism, propriety and integrity;
(d) be non-partisan; and
(e)be impartial in the exercise of its authority.
217. (1) A commission shall be a self-accounting institution which deals directly with the Ministry responsible for finance in matters relating to its finances.
(2) A commission shall be adequately funded in a financial year to enable it to effectively perform its functions.

218. The expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund.
Electoral Commission of Zambia
219. (1) There is established the Electoral Commission of Zambia which shall be independent and have offices in Provinces and in districts, progressively.
(2) The Electoral Commission shall—
(a)implement the electoral process;
(b)conduct elections and referenda;
(c)register voters;
(d) settle minor electoral disputes, as prescribed;
(e) regulate the conduct of voters and candidates;
(f) accredit observers and election agents, as prescribed;
(g) delimit electoral boundaries; and
(h) perform such other functions, as prescribed.
Human Rights Commission
220. (1) There is established the Human Rights Commission which shall have offices in the provinces and districts, progressively.
(2) The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.

(3) The Human Rights Commission shall—
(a investigate and report on the observance of rights and freedoms;
(b) take necessary steps to secure appropriate redress where rights and freedoms are violated;
(c) endeavour to resolve a dispute through negotiation, mediation or conciliation;
(d)carry out research on rights and freedoms and related matters;
(e) conduct civic education on rights and freedoms; and
(f) perform such other functions as prescribed.
Investigative Commissions
221. (1) There is established the Anti-Corruption Commission as an Investigative Commission.

(2) The functions of the Anti-Corruption Commission shall be as prescribed.
Other Independent Offices
222. (1) There is a Public Protector appointed by the President, subject to ratification by the National Assembly.
(2) A person qualifies for appointment as Public Protector if that person—
(a) is qualified to be appointed as a judge; and
(b)does not hold a State office or Constitutional office.
(3) The office of Public Protector shall progressively be decentralised to the Provinces and to districts, as prescribed.
223. (1) The Public Protector may investigate an action or decision taken or omitted to be taken by a State institution in the performance of an administrative function.
(2) For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is—
(a) unfair, unreasonable or illegal; or
(b) not compliant with the rules of natural justice.
(3) For purposes of clauses (1) and (2), the Public Protector may—
(a) bring an action before a court;
(b) hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and
(c) make a decision on an action to be taken against a public office or Constitutional office holder, which decision shall be implemented by an appropriate authority.
(4) The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.
(5) The Public Protector has the same powers as those of the High Court in—
(a)enforcing the attendance of witnesses and examining them on oath;
(b)examining witnesses outside Zambia;
(c)compelling the production of documents;
(d)enforcing decisions issued by the Public Protector;
and
(e) citing a person or an authority for contempt for failure to carry out a decision.
(6) A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court.
(7) An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury.
224. The Public Protector shall not investigate a matter which—
(a)is before a court, court martial or a quasi-judicial body;
(b)relates to an officer in the Parliamentary Service or Judicial Service;
(c)involves the relations or dealings between the Government and foreign government or an
international organisation; and
(d)relates to the exercise of the prerogative of mercy; or
(e) is criminal in nature.
225. Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office.
226. (1) Subject to this Article, the Public Protector shall retire from office on attaining the age of sixty years.
(2) The Public Protector may retire, with full benefits, on attaining the age of fifty-five years.
(3) The Public Protector may be removed from office on the same grounds and procedure as apply to a judge, with the necessary modification.
(4) The Public Protector may resign from office by three months’ notice, in writing, to the President.
227. The office of the Public Protector shall report to the National Assembly on matters concerning its affairs.
228. (1) There is an Auditor-General appointed by the President, subject to ratification by the National Assembly.
(2) The office of Auditor-General shall be decentralized to the Provinces and to districts progressively, as prescribed.

(3) The following shall be prescribed:
(a)the qualifications of the Auditor-General;
(b)the operations and management of the office of the Auditor-General;
(c) the recruitment, supervision, grading, promotion and discipline of the staff of the Auditor-General; and
(d) the finances of the office of the Auditor-General.
229. (1) The Auditor-General shall—
(a) audit the accounts of—
(i) State organs, State institutions, provincial administration and local authorities; and
(ii) institutions financed from public funds;
(b) audit the accounts that relate to the stocks, shares and stores of the Government;
(c)conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds;
(d) ascertain that money appropriated by Parliament or raised by the Government and disbursed-(i) has been applied for the purpose for which it was appropriated or raised;
(ii) was expended in conformity with the authority that governs it; and
(iii) was expended economically, efficiently and effectively; and
(e)recommend to the Director of Public Prosecutions or a law enforcement agency any matter within the competence of the Auditor-General, that may require to be prosecuted.
(2) The Auditor-General and any other officer authorized by the Auditor-General shall have access to all books, records, reports and other documents relating to any of the accounts referred to in clause (1).

(3) The Auditor-General shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office.
230. Where the Auditor-General is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Auditor-General until that appointment is revoked or until the Auditor-General returns to office.
231. (1) Subject to this Article, the Auditor-General shall hold office for a term of seven years or retire from office on attaining the age of sixty-five years, whichever is earlier.
(2) The Auditor-General may retire, with full benefits, on attaining the age of fifty-five years.
(3) The Auditor-General may be removed from office on the same grounds and procedure as apply to a judge, with the necessary modifications.
(4) The Auditor-General may resign from office by giving three months’ notice in writing, to the President.
75. The Constitution is amended by the repeal of Article 264.
76. Article 266 of the Constitution is amended—
(a)by the deletion of the definitions of “adult”, “chief”, “child”, “commission”, “councillor”, “devolution”, “pension benefit”, “public office”, “public officer”, “public service”, “service commissions”, “State institution”, “sub-national”, “young person” and “youth” and the substitution therefor of the following:

“adult” means a person who has attained, or is above, the age of eighteen years;
“chief” means a person bestowed as chief and who derives allegiance from birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom or is recognised as prescribed;
“child” means a person below the age of eighteen years;
“councillor” means a person elected to sit in the council in accordance with Article 47(3) during
the local government elections;
“Deputy Minister” means a person appointed as a Deputy Minister;
“devolution” means a form of decentralisation where there is a transfer of rights, functions and powers of an office from the central government or State institution to a province or district authority and the word “devolved” shall be construed accordingly;
“pension benefit” includes a pension, gratuity or compensation in respect of a person’s service;
“province” means an administrative division of government at provincial or district level;
“public office” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund;
“public officer” means a person holding or acting in a public office and includes state officer;
“public service” includes a commission, Judicial Service Commission, Public Service
Commission and Teaching Service Commission;
“young person” means a person who has attained the age of fifteen years, but is below the age of eighteen years; and
“youth” means a person between the age of fifteen years and thirty-five years.; and
(b)by the insertion, of the following new definitions in alphabetical order:
“appropriate authority” means an authority responsible for determining the emoluments of public officers, chiefs and members of the House of Chiefs as provided in this Constitution or as prescribed;
“legally disqualified” means a disqualification by a court or quasi-judicial body established by law;
“meeting” means a series of sittings of the National Assembly, for a period beginning when the
National Assembly first sits after being summoned and terminating when the National Assembly is adjourned sine die;
“public body” means the Government, a Ministry or department of the Government, the National
Assembly, the Judicature, a local authority, parastatal, Commission or other body appointed by the Government or established by or under, any law, except a private body and “public bodies” shall be construed accordingly;
“sitting” in relation to a calendar day means the period between the time when the Speaker calls the
Assembly to Order and the time when the Assembly is adjourned; and
“Standing Orders” means the Standing Orders of the National Assembly made under Article 77.
77. Article 272 of the Constitution is amended by the insertion of the words “within such period as it shall determine” between the words “may” and “enact”.
78. The Constitution is amended by the repeal of the Annex.
79. The Constitution is amended by the deletion of—
(a)the words “the Emoluments Commission” wherever the words appear and the substitution therefor of the words “an appropriate authority”;
(b)the words “Director of Public Prosecutions” wherever the words appear and the substitution therefor of the words “Prosecutor-General”;
(c)the words “progressively to districts” and the substitution therefor of the words “to districts progressively”.

Chitambo PF member of parliament Chanda Mutale has confirmed that President Edgar Lungu’s aide Kaizar Zulu beat him up last night.

And Lusaka Province police commissioner Nelson Phiri said police have received the complaint filed against Zulu and are investigating the matter.

Speaking with Daily Revelation, Mutale said he has already been to the hospital and has reported the matter to the Central police in Lusaka.

Mutale said Kaizar, in the company of other thugs, heabutted him on the nose, causing him to bleed profusely.

Narrating how the whole incident unfolded, Mutale said he received a call from him friend Duncan Zulu who invited him for a drink up and Chicago. He said a few moments after arriving at Chicago, a swam of thugs whom he suspected to be UPND cadres appeared, forcing him and his colleague to change their tables. He said noticing danger, he sent a text message to Police Inspector general Kakoma Kanganja allaying him of the danger, and that he also sent another message to Lusaka Province PF youth chairperson Daniel Kalembe, who sent in a few reinforcements. He said after the situation had calmed downed, he and his friend decided to go home, but on leaving the place they met Kaizar by the gate, who convinced them to tarry a bit and they obliged.

Mutale said during their drink up, Kaizar asked him why he had not informed people on their agreement that PF general secretary Davies Mwila was going to challenge President Edgar Lungu for the presidency at the convention.

He said Kaizar also brought in another topic that he needed to meet up with him on his boat, and attempted to give him K150 to use for transport to Kafue so that they could have some private conversation. But on refusing to get the money, Kaizar then opened up, telling him that as provincial chairperson for Central Province he should ensure that he made it possible for Kelvin Bwalya Fube (KBF) to be allowed access to the convention arena.

Mutale said he told Kaizar that he was merely a provincial chairperson, saying the only one who could respond to such matters was Mwila himself.

He said from nowhere, Kaizar shouted orders to his followers to beat him up accusing him of having insulted the President. Mutale narrated that the thugs followed the orders in an instant and started beating him up, saying in the ensuing melee, Kaizar head butted him twice on the nose, causing him to bleed profusely. He said he would have been beaten to death had it not been for some reinforcements sent by Kalembe, who rescued him and took him to the University Teaching Hospital (UTH). He said on arriving at UTH, he found Kaizar and his followers there, saying they wanted to finish him off but could not proceed because matters quietened up after Davies Mwila arrived on the scene.

He said after he was attended to and obtained the medical report, he decided to report the matter to the police, but on reaching the police station, he found Kaizar there again.

“I don’t know how he managed to get there ahead of me. He was even beating on the table that ‘arrest him, he has insulted the President’,” narrated Mutale.

Efforts to talk to Kaizar have proved futile as his mobile phone is off.

And Central Province PF youth chairperson Alice Boka has described Kaizar as an evil man, warning that the youths from the province would go for him.

“We are coming for you even to remove you from your own bedroom. Kaizar you think you are clever, with Central we are not goung to spare you because you have proved to be a snake you devil,” said Boka . – ZWD