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Parliament committee opposes coalition govt, deputy ministers, defends BoZ functions

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THE parliamentary select committee appointed by Speaker Patrick Matibini to scrutinise the NDF-birthed Constitution (Amendment) Bill No. 10 of 2019 has rejected nearly all major proposed changes to the Republican Constitution.

The committee opposed the proposals for coalition government, rejected reintroduction of deputy ministers, and described the removal of important functions of Bank of Zambia as unwarranted.

The committee therefore recommended retention of current functions of the Central Bank in the Constitution.
The committee made consultations with over 50 individuals and organisations to come up with its position on the Bill that was reinstate in the House on Tuesday.

The UPND walked out of the House and promised never to support Bill No. 10, describing it as “disposable”.

But acting justice minister Stephen Kampyongo stressed that: “We have been on this route before; the current Constitution we have had people opting not to participate but it’s here, so, our plea is that we don’t miss this opportunity. We appeal to the people’s representatives to come on board. This bill is not for the Patriotic Front – it’s for the people of Zambia. So, we all need to cast out emotions….”

So far the government has not tabled a revised Bill apart from recommendations prepared by the select committee that was chaired by nominated member of parliament Raphael Nakacinda.

According to his memorandum of June 21, 2019, Attorney General Likando Kalaluka said the object of the Bill was to amend the Constitution of Zambia so as to (a) revise the preamble 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; and (f) revise the manner of election of mayor and council chairperson.

Kalaluka stated that the bill sought to establish the office of deputy minister; revise the composition of the Cabinet; revise the provisions relating to the establishment of commissions; revise the provisions relating to the payment of pension benefits and retention on the payroll; provide for the membership of Members of Parliament in councils; and establish the Drug Enforcement Commission as the Anti- Drugs, Economic and Financial Crimes Agency and redefine its function as a national security service.

Others aspects include revising the functions of the Public Protector; revise the functions of the Bank of Zambia; revise the functions of the Auditor-General; “and provide for matters connected with, or incidental to, the foregoing.”

To this effect, the Nakacinda-led committee recommended replacing “multi-religious” in the preamble with the word “Christian” and reaffirmed the declaration of Zambia as a Christian nation.

However, the committee disagreed with Christian morality and ethics being included as a national value and principle.

It recommended that a mixed-member system be adopted for elections to the National Assembly, but that the system should be clearly defined in the Constitution.

On Article 63, the committee expressed concern with regard to the amendment which removes the National Assembly’s function of approving public debt before it is contracted and approving international agreements and treaties before they are acceded to or ratified by the Executive.

“The Committee agrees with stakeholders that this amendment should be rejected as it weakens the oversight role of the National Assembly over the Executive, which is the cornerstone of a democratic dispensation,” it stated. “The Committee, therefore, recommends that the current provisions of Article 63 (2) (d) and (e) of the Constitution be maintained. The Committee further recommends that Article 63(2) be further amended to mandate the National Assembly to also approve the Executive’s withdrawal from international agreements and treaties.”

On Article 68, the Committee is of the view that the composition of the National Assembly, including the number of Members of Parliament, is fundamental and should not be relegated to an Act of Parliament where it could easily be revised.

On Term and prorogation of Parliament, it recommends that Article 81 be amended to provide for the National Assembly to be dissolved at least sixty (60) days before the next general election and for Members of Parliament to be remunerated for the full five-year term.

The committee opposed proposed amendment to Article 101, to provides for two presidential candidates to form a coalition government in the event that none of the presidential candidates attained more than fifty per cent of the votes in an election.

The Committee agrees with the stakeholders and recommends that the current system of electing a President through direct elections by citizens and requiring the winner to obtain more than fifty per cent of the votes be maintained.

On Article 113: Cabinet, it recommends an amendment to include Provincial Ministers in Cabinet.

However, on functions of Cabinet, the Committee recommends that the acceding to and ratification of international treaties and agreements, and the approval of debt contraction by Cabinet should continue to be done subject to the approval of the National Assembly.

It further recommends that Ministers should vacate office upon dissolution of the National Assembly. The committee also recommends that the position of Deputy Minister should not be reintroduced.

But it recommended that Members of Parliament be reinstated on the councils as substantive members of the councils.

It also supports the amendment for mayors and council chairpersons to be elected by their fellow councilors – moving away from direct elections by the people in respective districts as enshrined in the 2016 amended Constitution.

On article 186: Participation in politics, the committee recommends that a public officer who seeks election to political office should resign, at least, six months prior to the election.

On repeal and replacement of Article 189: Payment of Pension Benefits, it recommends that an employer should continue to retain an employee on the payroll until his or her pension benefits are paid in full.

The Committee also recommends that the term “pension benefit” should be defined to exclude a gratuity and compensation.

On Amendment of article 193: Establishment of National Security Services and Functions, the committee recommends that the Drug Enforcement Commission (DEC) be renamed as the Anti-Drugs, Economic and Financial Crimes Agency. However, it said DEC should not be reclassified as a state security agency, but should be retained in the Constitution as an investigative agency.

On Article 213: Bank of Zambia, the committee observed that the removal from the Constitution of important functions of the Bank of Zambia, such as the printing of the currency of the Republic, is unwarranted.

It recommends that the functions of the Bank of Zambia specified in the current Constitution be retained in the Constitution.

Nigeria shuts Chinese eatery for refusing to serve Nigerians

Authorities in Nigeria have closed down a Chinese restaurant in Lagos over its discriminatory policy against Nigerians.

The Haufei Restaurant and Mall was shut down Saturday for refusing to serve Nigerians.

It followed covert investigations at the facility by operatives of Nigeria’s Federal Competition and Consumer Protection Committee (FCCPC) that found evidence of discrimination against Nigerian citizens.

The head of the FCCPC, Babatunde Irukera led the closure on the Chinese restaurant and supermarket, local news portal The Premium Times reported.

“Two different people who went with me went in first and it was very clear that they declined them service,” Irukera told The Premium Times. “In fact, the chief security officer and the cashier at the restaurant admitted that it is their policy not to sell to Nigerians.”

“Our law prohibits obnoxious practices. It is obviously obnoxious to discriminate. They are a range of options that regulators have, prosecution being the topmost of it depending on the full context whether it was the first time or repeat, whether there are other complex issues. We will decide within the spectrum.

“It might be that we will penalize them administratively and ask them to take corrective measures and then put them under supervision for a period of time to keep watching and see that they follow through the corrective measures.

“But if their conduct is a pattern and something that is very egregious then certainly we would consider prosecuting,” he added.

 

Some Nigerians on social media were gobsmacked by the restaurant’s refusal to serve locals.

The Punch reported of one Folabomi who had shared a video of herself in front of the eatery, saying: “So, my friends and I have been asked to leave this Chinese establishment, a restaurant o, simply because we are blacks. In Nigeria!”

“Our only option is to take out, but we cannot physically sit down and eat at the restaurant. As you can see, this has turned me to a crazy person. I don’t joke with my food,” she also wrote.

Mutharika refuses to fire MEC commissioners, confirms withholding assent on Malawi electoral bills: ‘No fresh polls May 19’

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State House has confirmed as earlier reported by Nyasa Times that President Peter Mutharika has refused to assent to the electoral reforms bills passed in Parliament in February this year which technically means the presidential fresh elections slated for May 19 2020 will have to be rescheduled.

Presidential press secretary Mgeme Kalilani told a news conference in Blantyre that the President is duty bound to critically scrutiinse each provision in the bills and check if there is conflict with the constitution or other laws.

He said Mutharika has also refused to sign the Public Appointments Committee (PAC) of Parliament’s recommendations to fire Malawi Electoral Commission (MEC) commissioners.

Kalilani said the commissioners were not given time to prepare for the meeting with the committee and were not given a chance to bring their lawyers.

He said Mutharika finds PAC’s recommendation fatuous and “laughable” considering thatthe committee find the commission competent in the parliamentary and local government elections and incompetent in presidential vote.

Parliament in February passed the electoral reforms bills, which paves the way for fresh elections after on February 3, the High Court sitting in Lilongwe as the Constitutional Court (ConCourt) annulled the presidential election, saying they were marred by a plethora of irregularities, which saw Mutharika re-elected.

The court therefore ordered Parliament to make provisions for holding of fresh presidential election within 150 days.

Parliament passed the Parliamentary and Presidential Elections Amendment Bill which has set fresh elections to be held on May 19. The Bill also provides for the holding a run-off election 30 days later if no candidate gets 50%+1 of the votes cast.

“His Excellency the President has witheld his assent for all the bills,” said Kalilani, saying the bills “does not meet the test of constitutionality.”

Since the President has refused to assent to the bills, Kalilani said bills will be taken back to parliament after 21 days.

A prominent legal scholar Dr Mwiza Nkhata explains that where the President withholds assent to a Bill, it must be returned to the Speaker of the National Assembly with a notification that Presidential assent has been withheld, including the reasons for the withholding of the assent.

He said such a Bill must not be debated again until after the expiration of 21 days from the date of the notification of the withholding of the assent.

Nkhata said according to the laws, if such a Bill is subsequently debated again after the expiration of the 21 days but before the expiration of three months and passed by the majority of the National Assembly, it must again be presented to the President for assent.

“This time the President must assent to the Bill within 21 days of its presentation. All Bills that have been passed must be immediately published in the Gazette. No law made by Parliament can come into force until it has been published in the Gazette.(S.74 of the Constitution). Parliament, however, may prescribe that a law shall not come into force until a later date in spite of its publication in the Gazette. In such a situation, the law will ordinarily come into force upon the publication of a ministerial notice appointing the date for its coming into force in the Gazette,” he states.

In the meantime, the date of fresh elections will change from May 19 2020 to a later date as Nyasa Times earlier reported.

-Nyasa Times

Lungu a beneficiary of wrong ConCourt judgment – Kabimba

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RAINBOW Party general secretary Wynter Kabimba says he does not agree with the Constitutional Court’s interpretation of a Presidential term of office, which, according to him, deems President Edgar Lungu eligible to contest the 2021 general election next year.

And Kabimba says he supports the clause in the Constitutional Amendment Bill 10 of 2019, which seeks to re-introduce the position of deputy ministers, arguing that they were helpful during his time as Minister of Justice.

Speaking when he featured on Joy FM’s The Platform programme, Thursday, Kabimba insisted that President Lungu was ineligible to contest next year’s general election.

“President Lungu doesn’t qualify. The Constitution is very clear when you read Article 105 and you go down to 107, you actually come to realize that the man is not eligible. They (PF) intended to make him eligible, the intention was to give him a third term, but the drafting is bad. They didn’t pay much attention to the drafting. So, they took away a term from him (from) their own Constitution. So, he doesn’t qualify, and this ongoing debate, now, is unnecessary to be honest with you. Yes, there is a judgement, which has been handed down by the Constitutional Court that interprets with what a term is, (but) I disagree with that judgement, but I still respect it as a judgement of the court. But I think the judges misdirected themselves in the interpretation of the Constitution. The definition of what a term (of office) is under that judgement is not correct. The finding of what a term is in that judgment is just not correct!” Kabimba argued.

“Article 105, if I am not mistaken, does not talk about holding office. It says, ‘no person who has twice been elected…’ it’s a very short paragraph. So, how are we importing all these things of ‘holding office twice?’ It only talks about that article, which only refers to being elected twice. And if you just confine your reading to that Article, it throws President Edgar Lungu out! He was elected once in 2015; he was elected for the second time in 2016, so he has been elected twice. I don’t even want to delve in the academics of holding office or not holding office. I want to interpret what Article 105 says about somebody who has twice been elected.”

Kabimba said President Lungu was a beneficiary of a wrong judgement by the Constitutional Court.

“This matter went before the Constitutional Court and the Constitutional Court interpreted what a term is and went further and said that, ‘…it, therefore, means that President Lungu has not served two terms of office.’ And the Constitution says the decision of the Constitutional Court is final, it is the court of first and final instance and its decision is final. So, to that extent, this matter has been settled. But in my view, I still stand by my argument that the Constitutional Court was wrong and is wrong! So, President Lungu is a beneficiary of a wrong judgement by the Constitutional Court,” he said.

And Kabimba said he was in support of the re-introduction of deputy ministers.

“The issue of deputy ministers has been contentious as to what their role is. The general understanding and belief is that these guys really don’t do much. And that is anchored on the argument that when a substantive Minister is out of the office, the President appoints another Minister to act and not the deputy Minister. I am in support of the clause that supports bringing back deputy ministers because having served as Minister of Justice, I came to appreciate the roles, functions and responsibilities of a deputy Minister. But others are entitled to a different view,” Kabimba, was part of the National Dialogue Forum which drafted Bill 10, said.

He also supported the creation of a coalition government.

“Starting from 1991 to-date, all our elections have been financed by donors. There is not even a single election apart from by-elections that has not been financed by people from outside. In other words, your democracy is anchored on the good will of other people. In other words, we ought to be beholden to those that are sustaining our democracy in order to remain a democracy because we have failed to finance our own Presidential and Parliamentary elections! The registration of voters is financed by cooperating partners; even the issuance of National Registration Cards, there is a component of a donation there from cooperating partners. But why should we have a Constitution that provides for a run-off within 30 days when you are just coming from an election, which has been financed by outsiders?” Kabimba wondered.

“Why do you want to have an expensive menu in your house when it is your neighbour that is feeding you? I think that’s not being reasonable. Therefore, our view, as Rainbow Party is that, it will give us some sense of pride if we can do away with that article relating to a run-off. I am sure even these guys that are helping us are tired; they have problems in their own countries, too. We can’t be going back to them every now and then asking for money from them! Can’t we stand on our own and run our own affairs without being beholden to others? So, that clause makes a lot of sense in terms of promoting Zambia’s sovereignty and independence that we’ve craved for since 1964. That 50 (per cent) plus one clause is expensive.”

He further said that working outside of the PF made him happy because he was not being blamed for all the problems the country was facing.

“I consciously resigned my membership in PF. There are people who say that I was expelled, I wasn’t expelled. On 12th November, 2014, I did write a letter to Dr Guy Scott, who was then President of the party, that I had resigned my membership from PF. That’s not a decision that I made out of an impulse of the moment, I thought through it and I decided to leave the political outfit to go somewhere else and, therefore, I have no regrets not to be a member of PF. In fact, I am very happy that I am not a member of PF because, now, I am not part of the inequities in PF. You will not blame me if you found no mealie meal in the shops; you won’t blame me if you don’t get paid at the end of this month. So, I am a free citizen; I walk the streets of Lusaka very freely,” said Kabimba.

Daggers have been drawn, Bill 10 must fall-Jack Mwiimbu

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The opposition UPND has again instructed its Members of Parliament to vote against the controversial Bill 10 today.

The UPND has since described the ruling PF as the most undemocratic party with regards to constitutional making processes.

Leader of the Opposition and UPND Legal affairs Chairman Jack Mwiimbu told a media briefing that it was folly for the PF to accuse the UPND of being undemocratic for wanting to defeat the passing of the draconian constitutional amendment Bill 10.

Mr Mwiimbu said the PF in opposition had always walked out of the constitutional making process and had even gone further to expel 23 of its MPs for supporting the constitutional amendment process, a sign that the party has no respect for divergent internal views.

Mr Mwiimbu who is also Monze Central Member of Parliament said the UPND shall stand with the people of Zambia who have said no to the enactment of the Bill into law and demand for its immediate withdrawal from the floor of the House.

He said the party has drawn its three-line whip in accordance with parliamentary etiquettes and expects all its Members of Parliament to toe that line and vote against the Bill.

Flanked by Kabompo MP and Deputy Parliamentary Party Whip Ambrose Lufuma, Sesheke MP, Romeo Kangombe, Luampa MP Chikote Makozo, and Mitete MP Misheck Mutelo, Mr Mwiimbu said the three-line whip has been drawn in the sand and whoever crosses it is an enemy of the party and the public.

He has since advised Justice Minister Given Lubinda to immediately withdraw the Bill from the House as it lacks the requisite parliamentary and public support.

Mr. Mwiimbu further advised Mr. Lubinda and the PF to desist from cheating the Zambians that the government would move a motion to amend the Bill, saying any amendments to the current Bill can only be done at Committee Stage after the second reading in accordance with parliamentary procedures.

He said it was the UPND’s strong belief that the Bill will not pass the second reading in its current form.

“We don’t trust the Patriotic Front and we shall never trust the Patriotic Front because they are not trustworthy. In 2011, the PF walked out of the House during the Constitutional making process. We applauded them because we understood that they were exercising their democratic right to do so then. The PF is also on record to have expelled 23 of its serving MPs for supporting the constitutional amendment process. Why should they today want to demonize UPND MPs for exercising their right not to support the constitutional process? We know that any PF MP that would vote against the Bill will face disciplinary measures. This party is very undemocratic. But that is not our concern. Our concerns are the Zambian people and we as the UPND would like to assure them that we have their best interest at heart”, he added.

Yesterday, a consortium of civil society organisations called on all Members of Parliament not to shun the process when the Constitution Amendment Bill number of 10 is presented to parliament for the second reading tomorrow.

Speaking at a joint press briefing of Civil Society Organisations on the Constitution of Zambia (Amendment) Bill 10 hosted by Misa Zambia in Lusaka yesterday, SACCORD Executive Director Boniface Cheembe called on MPs to fully participate in discussing and amending the bill.

Mr Cheembe said all MPs should be in parliament tomorrow when the bill is tabled until it is refined instead of walking away from the house.

He stated that those opting to walk away must remember that they will be denying the voice of those voters who elected them to be in parliament in order to make laws on their behalf.

He noted that MPs should be mindful that the constitution is for all the 17 million Zambians who are represented by the 167 MPs.

“As CSOs, we therefore call on our Members of Parliament (MPs) to recognize that they are legitimate representatives of the 17 million Zambians when it comes to altering our constitution. Our MPs must discharge this onerous but noble duty by participating in debating Bill 10 and cleaning it up to represent the views of the people who elected them to come and make laws from our Parliament,” Mr Cheembe stated.

He explained that the constitution which MPs will be debating is not for any particular party, CSO or individuals but an embodiment of the aspirations of all the people of Zambia regardless of tribe, ethnicity and political affiliation.

The Civil Society Organisations have since praised the decision by Cabinet to move proposals to amend the bill so that the final product can reflect the views submitted by those in support by those in support and against certain provisions of the bill.

Mr Cheembe noted that the civil society are aware that the Minister of Justice has today filed a notice of proposed amendments with the National Assembly which he said is commendable as it reflects that government is prepared to follow up on what they promised to amend the Bill at the Committee of the whole house.

He stressed that civil societies passionately wants to see the constitution which will increase the period of hearing a presidential petition from 14 to 30 days as proposed and wants the provisions that will allow women, youths and persons with disabilities to be represented in Parliament and councils among other clauses.

The Joint Press Briefing was held by SACCORD, MISA, Zambian Institute of Governance and Civil Liberties Advocacy Platform, National Youth Anti-Corruption Movement, Young African Leaders Initiative, Common Grounds Network and Constitutional Reform and Education Coalition.

The Judiciary is now lawless: the suspension of John Sangwa

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By Sishuwa Sishuwa

On 13 March 2020, the Judiciary’s Acting Chief Registrar, Prince Boniface Mwiinga, announced that prominent constitutional law expert John Sangwa would no longer be allowed to appear before any court in Zambia. In a notice to all judges of the Supreme Court, Constitutional Court, Court of Appeal, High Court, Registrars and Magistrates, Mwiinga stated that the action followed “a complaint of professional misconduct made by the Judiciary to the Law Association of Zambia [LAZ] against the said Mr John Sangwa, SC”. What do we make of this move by the Judiciary?

The first point to note about Sangwa’s suspension is that it is void on grounds of procedural impropriety. The process for dealing with the misconduct of members of the bar is elaborate and provided for in Part IV of the Legal Practitioners’ Act. If anyone, including judicial officers, is aggrieved by Sangwa’s conduct, the correct procedure is for the aggrieved party to complain to LAZ for consideration of the grievance. The association, through its Legal Practitioners’ Committee, would then invite both the complainant and the concerned practitioner to whom the application relates for hearing. If a prima facie case is established against the respondent, the matter is then referred to the Disciplinary Committee, established under the Act, for further hearing.

The Disciplinary Committee may, after hearing the parties involved, and depending on the severity of the transgression, admonish or fine the practitioner, or recommend to the High Court that the practitioner be suspended or struck off the Roll. The court can only exercise the powers to suspend a practitioner on the recommendation from the Disciplinary Committee after all investigations and hearings have taken place. Now, what has happened in case of Sangwa is that the ‘Judiciary’, pre-determining his fate, started with the possible final adverse outcome before going through the mandatory process outlined above. This is prejudicial to Sangwa’s rights because an arm of the State is effectively trying to render whatever decision the Legal Practitioners’ Committee can make redundant.

The second point is that Sangwa’s suspension violates his constitutional right to be heard and secure protection of the law. Article 18 (9) of Zambia’s Constitution provides that “Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.” By taking an adverse position against Sangwa without according him the opportunity to be heard, the Judiciary committed ‘a bloodless coup’ against the Constitution and the basic principles of the rule of law. The Judiciary is neither infallible, above the Constitution nor beyond reproach. Judicial officers, more than anyone else, should know this. If the Judiciary, by penalising Sangwa, sought to encourage respect for the institution, they may have succeeded in achieving the opposite.

The third point that emanates from Sangwa’s suspension is in form of a question: who among the Judiciary was the complainant against him, the one (s) who will appear before the Legal Practitioners’ Committee for hearing? To suggest that it is the ‘Judiciary’ – an arm of the State and not a specific judge or court – is vague and misleading because institutions have no feelings to be hurt by the remarks of human beings. According to the Constitution of Zambia, the Judiciary consists of the Supreme Court, Constitutional Court, Court of Appeal, High Court, subordinate courts, small claims courts, local courts, and any other courts as prescribed by Parliament. Is the Judiciary’s Acting Chief Registrar telling Zambians that judicial officers of all these numerous courts met, sat down and decided, without according Sangwa the opportunity to exercise his constitutional right to be heard, that he should be barred indefinitely from appearing before any of them or their courts? Or is it the case that the Acting Chief Registrar is the complainant? If yes, what wrong did Sangwa do against the Acting Chief Registrar? Under what law or authority did the Acting Chief Registrar assume the role of complainant and judge to mete out the punishment? If the Acting Chief Registrar is not the complainant, then who directed Mwiinga to write the letter of complaint?

Assuming that Sangwa has been barred because of his argument that President Edgar Lungu dribbled Zambians when he appointed individuals who did not meet the constitutional requirements to serve as judges on the Constitutional Court: namely, specialised training or experience in human rights or constitutional law and 15 years’ experience as a legal practitioner, then there are three fundamental issues that arise. First, if the charge arose from this public criticism of the qualifications of Constitutional Court judges, one that may have been taken as attacks on the personal integrity of the individual judges, why is the complaint coming from the Acting Registrar of the Judiciary, not the individual judges themselves? Second, it is worth noting that this is not the first time that Sangwa is making this argument. He first raised it in 2016 when the current individual judges were nominated to serve on the Constitutional Court.

Sangwa even wrote a letter to President Lungu at the time, pointing out the noted shortcomings and asking him to reconsider the choice of his nominees. The President ignored him, and thanks to the ruling party’s majority in parliament, all six nominees were ratified. The question is, how is it possible that the same point that was not an offence in 2016 is now an offence? Now that they are confirmed judges, are the six individuals whose qualification to serve on the bench Sangwa had questioned now seeking to (ab)use their judicial positions to punish an active citizen who asks the hard questions, who proposes ways forward and who, from any position or none, acts as an agent or catalyst of positive action in dealing with the issues that matter most?

If the incompetence that some of the affected individuals have demonstrated in office or their judicial decisions is not deliberate, then Sangwa has been absolved by history. With the benefit of hindsight, we may now understand the poverty of some of the decisions that have come out from the Constitutional Court as a result of genuine lack of capacity: the judges are performing a role they are not qualified for. Third, were Sangwa’s comments that President Lungu corruptly appointed the judges of the Constitutional Court so grave that to keep him in practice would prejudice the legal profession and the public? In any case, did anyone from the Judiciary contact or seek audience with Sangwa before suspending him to confirm the accuracy of his views in any published story that may have motivated the decision to bar him? Or is the Judiciary simply out to gag critical voices?

The fourth point that arises from the indefinite suspension of Sangwa is that the Judiciary is now lawless, with terrible consequences on the rest of society. Let us assume that Sangwa, aggrieved with the decision of the Judiciary to bar him from appearing before any court in Zambia, wants to challenge the action in court on the basis that it violates his right to be heard. Does the ban extend to his choice to represent himself since citizens have a right to represent themselves in a court hearing? If it does, which body should Sangwa approach to challenge the violation of his right to be heard with himself as his legal counsel, since, in the absence of private courts, he only has public courts – that have all banned his right to Practice – to turn to? Where would he seek legal redress if members of the Judiciary, the custodian of the law, are themselves the violators of the law? The Judiciary is manufacturing lawlessness.

Sangwa’s suspension also demonstrates the breathtaking hypocrisy of the Judiciary when it comes to public criticism of judicial officers or their decisions. Why should Sangwa’s criticism of, say, the Constitutional Court judges attract punishment without being heard when President Lungu’s criticism of the same court or judges, his interference with their work, or refusal to obey their judgement, has not attracted any repercussions? If the argument is that Sangwa is a lawyer, Lungu is also one. In any case, Article 118 of the Constitution obliges the Judiciary to exercise judicial authority without discrimination; it says justice shall be blind and done to all. So why should Sangwa, who is a citizen before he is a lawyer, be discriminated against and denied his constitutional right to be heard and represent himself on the basis of his profession? When barring Sangwa, on whose behalf was the ‘Judiciary’ exercising that power – on behalf of individual judges or on behalf of the people as mandated by the Constitution?

The final point to be said about Sangwa’s suspension is that the real reason why he has been barred may have to do with his principled opposition to President Lungu’s third term bid. In recent months, Sangwa has been a strong critic of the proposed Constitution of Zambia (Amendment) Bill Number 10. He has also maintained that Lungu does not qualify to seek another term of office. In other words, the decision to bar Sangwa indefinitely is most likely linked to his defence for the protection of term limits coupled with Lungu’s efforts to eliminate someone he probably sees as the stumbling block to his all-consuming desire to secure a third term. In the event that Lungu does not succeed in his plans to push through Bill 10 – his main lifeline for re-election – there will likely be a legal challenge to his nomination, once filed in line with Article 52 of the Constitution, to stand as Zambia’s President next year.

By barring Sangwa, Lungu may be using the Judiciary to eliminate a likely counsel for whoever might oppose his nomination out of the fear that Sangwa’s great mind and expertise on constitutional law could lead to a successful legal challenge, one that would result in the fatal disqualification of the ruling party’s presidential candidate. It is indeed possible that LAZ may itself challenge the constitutionality of Lungu’s presidential candidacy next year once he has officially filed his nomination. Were that to happen, Sangwa is likely to be the association’s lawyer. He has previously represented LAZ on several high-profile cases relating to the defence of the Constitution such as the case of ministers’ illegal stay in office, the constitutionality of the deplorable Bill 10 and the unresolved matter of whether Lungu is eligible to stand for another term. Sangwa has also exhibited genuine loyalty to principle, inspiring bravery, and has been unrelenting in his demand for the Judiciary to provide reasoned judgements. In this instance, Lungu may be using the courts to supress criticism of the Constitutional Court in particular, criticism that has the potential to encourage the judges to display greater independence from the executive and stick to the rules of the game.

Another possibility is that Lungu could be using the Judiciary to bully LAZ and weaken its opposition to his ongoing unconstitutional manoeuvres and efforts to liquidate democracy by intimidating one of the association’s shining lights and making him an example of the perils of standing up to power. In fact, principled LAZ members and Zambians in general should not be surprised if they woke up tomorrow and learnt that Sangwa has been summoned for contempt of court and consequently handed a punitive jail sentence out of this ridiculous case in order to keep him away from the courtroom. Such is the desperation of the ruling elites. LAZ, which was easily manipulated by the Patriotic Front (PF) into publicly condemning Sangwa – for allegedly “questioning the qualifications, integrity, propriety and impartiality of the Constitutional Court Judges” – hours before the complaint from the Judiciary reached its secretariat, has put itself in an awkward position. Now that the matter is before LAZ, would Sangwa be heard and his case concluded before the 4 April 2020 elective Annual General Meeting – at which the PF intend to completely capture the body by advancing ruling party supporters to run and render it totally ineffective? Or would LAZ immediately ask for a reconsideration of the defacto suspension of Sangwa’s right to Practice? If the case remains undetermined by 4 April, it is probable that a thoroughly captured leadership, which could emerge from the LAZ elections, may recommend that Sangwa be removed from the Roll, however innocent he might be.

Argh, it is a disaster this thing called “Zambia”, right now, one that makes my blood boil.

Hichilema , Sponsored NGO’S Trying So Hard To Fight Bill 10 The Way They Fought The Referendum – Given Lubinda

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….but it won’t happen!-Lubinda

LUSAKA- – – – MARCH, Monday 16th 2020

SMART EAGLES

Justice Minister Given Lubinda has remained optimistic that the Constitution Amendment Bill 10 of 2020 will pass the second reading stage as it returns to Parliament.

The Minister says this is despite Hakainde’s decision to fight the progressive Bill without any precise cause.

The Minister said in its current form , he saw no reason why anyone will fight a”the Bill which protects young people and those living with disabilities among others.

Hon. Lubinda said despite Hakainde and other NGO’s decision to fight the progressive piece of legislation, he was confident about UPND MPs who strongly disagreed with his stubborn decision on the Bill.

He was speaking when he featured on MUVI Television’s Blunt talk Program , Monday Morning.

“UPND leader has been championing the calls of the collapse of Bill 10 , for three years , have you heard FDD opposing the process …? and today it has been laid bare their leader of the opposition said go and oppose it so what more evidence do you want ?

The Constitution of Zambia is more important than the Constitution of any political party. What am expecting is that Members of the Patriotic Front will debate Bill 10 with their conscious and not that they have been told to debate in any fashion that is what I expect.

Am one of the founders of the UPND , as a matter of fact am the last legitimately elected chairman for information and publicity in UPND , they haven’t had any electioin ever since …up to now if your go to the history.

What am trying to say to you is that I know many of the leaders of the UPND, I know the members of parliament in UPND I will be very shocked …extremely shocked if indeed with these progressive positions that were announced by the select committee of parliament they rubbish everything I will be extremely shocked.” Hon. Lubinda stated .

Meanwhile Hon. Lubinda has indicated that Zambians should understand that they have a democratic and consultative President who ensured that the entire process was inclusive.

“People should start saying they truly have a democratic and consultative President because much as Article 39 allows us to just move , present the Bill in the Gazette and go to Parliament and Amend the Constitution we chose to a different route we chose the route of consultation.” He added .

He further called on Parliamentarians to back the Bill saying if they didn’t do so , it was the Zambians who were doing to lose out as they did on the referendum.

“If Bill 10 doesn’t go through it will be sad for the people of Zambia, exactly what happened when the referendum failed.The ones who suffered were the Zambian People .

We lost the referendum, one of the provisions in that referendum was that no expectant of lactating mothers shall be put in incarceration. Today you find circumstantial children in correctional facilities, who caused that ? Those who campaigned against the referendum.” Hon. Lubinda stated .

The Minister further took time to clarify falsehoods peddled by Hichiliema that the Bill was aimed at extending President Lungu’s tenure of office .

“UPND and Some NGO, have been missing people, telling people that President Edgar Lungu Wants to extend his tenure of office from 5-7 years … where is it stated ? No were at all .” The Minister reiterated .

*#SmartEagles2020*

Arrest Lusambo for criminal kidnapping, Tembo demands

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PATRIOTS for Economic Progress president Sean Tembo says Lusaka province minister Bowman Lusambo should be arrested for criminal kidnapping.

And Tembo says the PF and its government are ideologically orphaned.

On Saturday, Lusambo went to Shoprite stores where he harassed and arrested innocent citizens for allegedly buying more than one bag of mealie meal.

“As Patriots for Economic Progress, we have no doubt in our minds that the Lusaka Province minister’s actions to harass and cause the arrest of innocent Shoprite customers, lack any legal authority and are illegal and unlawful. Additionally, it is our view that Mr Bowman Lusambo’s actions to personally detain and threaten the innocent Shoprite customers and making them to sit down against their will while being interrogated, as evidenced by the videos that have widely circulated on social media, constitutes kidnapping and is a criminal offence. We therefore, call for the immediate arrest of Mr Bowman Lusambo on a charge of kidnapping. The Zambian people are already being adequately harassed by poverty, gassing and poor leadership. They do not deserve any additional harassment from Mr Bowman Lusambo,” Tembo said. “We are extremely saddened by the overzealous and illegal behaviour of the Lusaka Province minister Bowman Lusambo yesterday [Saturday] to go around Shoprite stores and start harassing and arresting innocent citizens for allegedly buying more than one bag of mealie meal. Firstly, there is no law in Zambia which criminalises the purchase of more than one bag of mealie meal or indeed more than one bag of potatoes or rice or any other commodity for that matter. It is on this basis that we challenge the Lusaka Province minister to cite the law under which authority he was acting to harass and cause the police detention of innocent Zambians in Chazanga compound at SOS Shoprite.”

He said Zambia has a free market liberalised economy.

“There is no law in Zambia which prevents or criminalises the purchase of a commodity at a lower price in one location and the subsequent sale of that commodity at a higher price in a different location, regardless of whether that commodity is mealie meal, potatoes, rice or indeed any commodity for that matter. In fact, as a free market liberalised economy, our commerce and trade model is anchored on being able to buy goods and services at a lower price and reselling such goods and services at a higher price so as to make a profit.
Since time immemorial, traders have always bought bread, mealie meal, potatoes etcetera from Shoprite and other stores and resold such commodities at their respective shops in order to make a profit. There is nothing criminal about doing so whatsoever. In this regard, we wish to challenge the Lusaka Province minister to cite the law on which he relied to harass and arrest innocent citizens.”

Tembo reminded Lusambo that there were different reasons why people buy mealie meal in large numbers.

“Others are buying for a funeral, others buy for a restaurant, others buy for their farm workers, others have a large family etc. Therefore, it is presumptuous for the Minister to assume that anyone buying more than one bag is buying for resale. It must be noted that the Zambians who were arrested by a combined team of Mr Lusambo and Zambia Police officers were not stealing that mealie meal from Shoprite. They went to Shoprite to buy the mealie meal using their hard-earned money. They did not deserve to be arrested,” he said.

Tembo said the actions of Lusambo, is a symptom of a bigger problem that exists in the entire PF government.

“The PF government in general and the Lusaka Province minister in particular must further be reminded that Shoprite is a private store whose objective among others is to maximise sales on any given day. It is for this reason that Shoprite sets its prices in a manner that makes its goods to be attractive among competitors, so that it can sale as much as possible on any given day,” said Tembo. “Therefore, the actions of the Lusaka Province minister to harass and arrest Shoprite customers simply because they are buying in large quantities, actually undermines the business model of Shoprite and its profitability. The Minister must note that Shoprite employs thousands of workers across the country, all of which demand high wages. So how will Shoprite be able to pay the demanded high wages to its employees if government is preventing and arresting its customers? …It is our firm belief that the actions of the Lusaka Province minister Mr Bowman Lusambo, is a symptom of a bigger problem that exists in the entire PF government: the lack of ideological standing. The PF and its government are ideologically orphaned. They are not sure whether they are capitalist, centrist, socialist or communist. This lack of ideological standing has caused the PF government to be haphazard in its policy formulation and implementation. On one hand they abolish subsidies, which is a capitalist measure, and on the other hand they seek to impose price ceilings, which is a communist measure. It is our considered view that for as long as this lack of ideological standing persists, the PF government shall always be a confused government.”

PF ‘offers’ to write the UPND manifesto

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THE governing PF says UPND deputy spokesperson Cornelius Mweetwa is short of agreeing that President Edgar Lungu’s March 6 parliamentary address is a “score” that highlighted a positive record.

PF deputy media director Antonio Mwanza also says it is immoral for Mweetwa and other UPND members of parliament to draw sitting allowances from Parliament when they, from time to time, walk out of Parliament.

Meanwhile, Mwanza says the PF research bureau is ready to write a manifesto for the UPND, at no cost.

He charged that the UPND had no manifesto and challenged the opposition party to produce one.

“Let UPND develop a manifesto! If they cannot afford to develop a manifesto because they don’t have the human resource to do so, we as the Patriotic Front are offering free consultancy; we can help the UPND [to] write a party manifesto,” Mwanza mocked. “We are ready using our research bureau; we can do research for them and write a manifesto for them, free of charge. If they had a manifesto, they could have been talking to the alternatives they could have provided. But since they don’t have a manifesto, they don’t have any alternatives.”

Last Wednesday, Mweetwa, who is Choma Central UPND member of parliament, was quoted in The Mast describing President Lungu’s parliamentary address as heavily sugar-coated, when in fact void.

In reaction, Mwanza expressed disappointment that Mweetwa, “who has served as a police officer and also who has read law seem not to understand the meaning of the presidential address to Parliament.”

“Mr Mweetwa has criticised the presidential address saying it was sugar-coated and he has cried foul that the President did not address the issue of Bill 10 in a manner that would satisfy him and that the President did not deal with the issue of gassing decisively. I want to help Mr Mweetwa, since he is having difficulties to understand the presidential address to Parliament,” Mwanza said in an interview. “Article 8 of the Republican Constitution defines and prescribes what the President must address when he goes to Parliament. Article 9 is very instructive; it instructs the President, once in every year, to report to the National Assembly to report the progress made in the application of national values and principles that are specified in Article 8.”

He added that according to Article 8 of the Constitution, there were six categories of things which the President must report on to Parliament.

Those are morality and ethics, patriotism and national unity, democracy and constitutionalism, human dignity, equity, social justice, equality and non-discrimination, good governance and integrity and sustainable development.

“So, the President’s address has been prescribed in the Constitution. So, when Mr Mweetwa says that the President’s speech was sugar-coated because it painted a positive picture of the country, that’s exactly what the President and the Patriotic Front government has achieved,” Mwanza said.
“We expected that Mr Mweetwa should have said that the President’s speech reflected the progress that we have made as a country under the Patriotic Front.”

He underscored that what President Lungu said in Parliament, insofar as good governance and integrity, sustainable development and other issues could not amount to sugar-coating.

“[But] that’s the PF’s positive record,” he noted.

“So, when Mr Mweetwa says that the President’s speech was sugar-coated, what it simply means is that he agrees that the President and the Patriotic Front have scored. Instead of using the word “sugar-coated” Mr Mweetwa should have understood that what the President was giving are the actual statistics of the progress we have made in as far as the economy, politics and social justice is concerned.”

Mwanza insistently argued that President Lungu’s speech was not sugar-coated but that it was merely quoting the progress made thus far under the PF government.

He said President Lungu decisively addressed Bill 10 in his parliamentary address.

“He raised the key issues that are beneficial to all of us as a nation if Bill 10 was to pass. He again appealed to the conscience of people like Mr Mweetwa not to use politics but to be patriotic enough to participate in the issue of Bill 10,” Mwanza said. “So, our advice to Mr Mweetwa is that instead of him walking out of Parliament and boycotting the process of law reform, he must be patriotic enough to be present in Parliament when Bill 10 will be brought before the House so that he can debate the content of Bill 10.”
He added: “I challenge Mr Mweetwa and all members of parliament from the UPND that if they want to be walking out of Parliament, they should also stop collecting sitting allowances.”

“It is immoral for members of parliament from UPND to be collecting sitting allowances when they don’t want to sit in Parliament and do their job as prescribed in the Constitution by Article 62,” Mwanza noted.

On Mweetwa’s complaint that the public media are used to the exclusion of opposition voices, Mwanza countered that: “if Mr Mweetwa speaks truth, the public media will cover him.”

“But if he speaks propaganda, the public media will not cover him. The public media is not there to serve the interests of Mr Mweetwa or the UPND but each and every Zambian,” said Mwanza.

Kwacha expected to fall further, as increased loadshedding exert pressure on the local currency

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Zambia’s electricity utility, Zesco, recently warned of increased loadsheding of up to 12 hours as power generation deficit has risen by nearly 20% since September, despite massive price hikes.

This is largely a drought-inflicted power shortages owing to low water levels at Kariba which in March this year was only 12% full, compared with 43% at the same period previous year against an ideal capacity of 69%.

Zesco’s Director of Corporate Services Patrick Mwila told a press conference that electricity deficit had grown to 810 megawatts (MW) from a 690 MW gap in September.
He said a contract to get 300 MW from South Africa’s Eskom which is also in the woods had expired and would not be renewed.

“Zesco was now relying on short-term power imports from the Southern African Power Pool (SAPP) to plug the deficit,” he said.

Zesco has already used 25% of the water that it was allocated for power generation this year by the Zambezi River Authority, which manages the river on behalf of Zambia and Zimbabwe, he said.

“It is important that the water resource is prudently managed to guarantee power generation,” Zesco’s director for power generation Fidelis Mubiana said at the same briefing.
Meanwhile, Zambia Institute for Policy Analysis and Research (ZIPAR) research fellow, Caesar Cheelo warns that the country’s currency would succumb to the pressures and would continue to fall.

He said the electricity shortage would contribute to the weakening of the local currency adding that since the country is relying on imports to bridge the gap it would put pressure on the balance of payments. Adding that this was compounded by huge foreign debt.
He said because of the underlying factors Kwacha will lose 13 per cent of its worth.
Cheelo urged government to change its priorities list and fund first the sectors that bring quick returns, such as the production lines as opposed to infrastructure development. “If we are choosing railways or roads, how much productivity is yield compared if you set up a factory that is responsible for domestic production? How much productivity will the railways and roads contribute compared to any energy project that stabilises energy supplies power supply?

“A lot of issues have to do with our fiscal choices in public expenditure, our public investment where do we preferably put them as a country?” He queried maintaining that debt servicing was exerting pressure on the local currency.

In a recent Ministerial statement, the Minister of Energy, Matthew Nkhuwa, confirmed the power shortage saying it is putting pressure on economic activities thereby undermining local production and capacity utilisation.

The other factors putting pressure on the local currency include the country’s wage bill, reduced agricultural output because of droughts and reduced industrial productivity and the under-performing manufacturing sector, among a host of other things.

VISIONARIES: The Levy Mwanawasa/Mundia Sikatana Winter Maize Project

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In 2002, Zambia experienced a shortage of food due to low production of maize as a result of two years of drought.
There was an acute hunger situation in Zambia, it was bad but not as severe as the one experienced in 2019/2020.

This was the first year of the Levy Mwanawasa presidency.
In order to help mitigate this problem, President Levy Mwanawasa and his Agriculture Minister Mundia Sikatana launched what was termed ‘The Winter Maize Project’.

The underlying thought and concept was that Zambia did not need to wait for the rains to plant maize, maize could be planted and watered through irrigation throughout the year. The result of this is that Zambia would no longer have deficits of maize, the country’s food staple.

We remember that when Levy Mwanawasa initiated this project, he was laughed at and ridiculed by many, he was mocked and many said it was too costly and too expensive to grow maize in the winter.

The winter maize project was launched in 2002, with maize being planted in May and harvested in October.

By 2003, the winter maize project was yielding 800,000 tonnes of maize per annum.
The winter maize project was a huge success.

However at the death of President Mwanawasa in 2008, the new government of President Rupiah Banda ended the winter maize program, it has never been revived since.

But in hindsight, Zambians should appreciate that Levy Mwanawasa had foresight and a good vision when it came to the winter maize program, his thinking was far ahead of its time, his kind of thinking was genius.

While winter maize can be expensive to grow, it also matures and is harvested at a time when maize prices are at their highest, because supply is at its lowest, so this concept is workable.
Moreover, government should be obliged to subsidize farmers who grow winter maize, and the FRA should offer a higher buying price for winter grown maize.

To cushion the costs of growing winter maize, farmers who participate in this program can be given a license to export 40% of their produce to Congo, where the price is 4 times higher than in Zambia, this would be a good incentive to have more farmers to participate in this program. This way farmers can make a healthy profit from growing winter maize.

The growing of winter maize can effectively eliminate hunger in Zambia and can help in reducing high mealie meal prices.

It’s about time that this idea was revisited, the ZNS, Prisons Service, Commercial farmers and indeed small scale farmers can be co-opted into the program. Generators for irrigation purposes are now generally affordable and the government can provide subsidized fuel for irrigation purposes for those who participate in a winter maize growing program.

With the right leadership, this concept and vision can be realized. -NDC

Damiano Mwaume And Has Nerve; He Has Threatened Fifa With Contempt!

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By Shalala Oliver Sepiso

You have to admire Damiano Mutale, this man is a rare breed. He is a football administrator who is not scared of threatening and warning the same global organization within whose tenets, realm and sphere he runs his academy.

Mwauka guys? Ok so as I promised, let me tackle the issue of contempt in the case of Damiano for the last time. I will address my mind to the letter that Damiano’s lawyers wrote to FIFA having already addressed the issue of serving the court order and also letter the lawyers wrote to the police.

Ok, so long story short: FIFA basically told FAZ not to obey the court order. It says if FAZ obeys the order it may face a ban. So let’s address the FIFA letter and Damiano’s unsolicited response.

“We acknowledge receipt of your correspondence dated 12th March 2020, by means of which you updated our services on the overall electoral process of The FAZ. In particular, we understand that candidates not being successful before the appeal body set up for the relevant FAZ elections, filed appeals namely before the National Sports Council and the High Court of Zambia, which issued an ExParte order to stay FAZ electoral process. In this regard, we refer you to art 63 of FAZ statutes, which states that disputes in FAZ should not be taken to ordinary courts unless specifically provided otherwise by these statutes, FIFA Regulations or legal binding provisions. We understand the aforementioned article is in line with one of the FIFA core principles contained in art 59 par 2 of FIFA statutes, that is, prohibition of recourse to ordinary courts of law unless specially provided for. FIFA takes such a principle with the utmost seriousness and therefore considers that it is the responsibility of its member associations to ensure that this principle is implemented at their level through a binding obligation on their members. Moreover, we would like to remind FAZ that, FIFA attaches importance to the obligation for all its member associations to manage their affairs independently and ensure that their own affairs are not influenced by any third party (cf art 14 par 1 lit (i) of the FIFA statutes. We further wish to underline that a violation of the obligations laid down above by FAZ or its members may lead to sanctions as provided for in the FIFA Statutes, including a possible suspension. In this context, we must highlight that any decision rendered by the High Court of Zambia or any other government tribunal with respect to this electoral process shall be considered as a violation of art 14 par 1 lit (i) and art 59 par 2 of the FIFA Statutes. Therefore, we inform FAZ that, should the relevant ordinary/governmental tribunal(s) expect enforcement of any of the decisions rendered from their part relating to the ongoing electoral process, the matter would be brought to the attention of the Bureau of the FIFA Council for consideration of suitable measures and possible sanctions. In a different note, we would like to remind you that the electoral process shall run its course….[signed by Veron Mosengo-Omba, Chief Member Associations Officer]”

The first issue which arose when this letter went viral was the absence of the letter which FAZ wrote on 12th. Those in the Damiano camp accused FAZ of lying to FIFA including the fact that the person in court is not a candidate in the elections and is not Kalusha Bwalya or affiliated with the great one.

Whereas nominally and literally it is not Kalusha Bwalya who went before the Courts and NSCZ, the understanding among soccer fans, local administrators etc. is that those who went there are proxies of the great one and it is realistic him. With these people usually associated with him and fighting the same battles and using the same lawyers it seems like “if it quacks like a duck, ambles like a duck, swims and flies like a duck and looks like duck”, then most likely it is a duck. This must be the understanding of FIFA seeing also that arguments used at CAS and the lawyers used there are the same as at NSCZ and the court cases.

But assuming that there is no connection between Damiano Mutale and Mumbo Lombe to the great one, then why are these two fighting to stop elections which they are not parties to? They definitely do not have loci standi in the matter. If they had stood and were unsuccessful, then they had something to lose and stopping the process would be good relief. Further it has been argued before and will be argued later that the to are not registered officials within FAZ. So as things stand, whose interests are they championing then?

Again I say, did you know that Damiano Academy, which Damiano Mutale says he is Secretary General of attended the elections at Levy Mwanawasa Stadium and voted? Should the academy also be cited for contempt for defying its leader and owner by attending a meeting he was trying to stop? What does it say about the strength of Damiano’s case if councilors are attending the elections and “ignoring” court orders and letters to FIFA and NSCZ? Is the tide against Damiano but with FAZ?

Then we had the response from Damiano’s lawyers.

“Kindly note that we act for Mr. Damiano Mutale who represents Damiano Football Academy of Mufulira, who are in the third division of the Copperbelt Region of the Football Association of Zambia league and we also represent Mr. Patson Lusaka of Brave Rovers Football Club of Kitwe who play in the Copperbelt amateur league of the Football Association of Zambia (FAZ). A letter authored by yourself dated 13th March 2020 has been made available to us. We note that in the said letter you are encouraging anarchy and defiance of Court Orders issued by the High Court of Judicature for Zambia which enjoys original and unlimited jurisdiction to decide all matters that are brought before it. No statute in Zambia has ousted the High Court’s Jurisdiction to deal with rights of members of FAZ when the same are violated. We also note that you have apparently been informed that our clients aforesaid were unsuccessful in the FAZ nomination process and filed appeals before the National Sports Council of Zambia (NSCZ) and the High Court of Zambia. We doubt that you have any proof of this. Our clients have not filed any appeals before the said bodies because the appellate procedures regarding decisions emanating from the judicial bodies of FAZ are well known. Clearly, you have been fed with untruths and unbaked information. It is quite surprising and worrisome that a global body of your stature can act on unverified information from one party. We take issue with your express encouragement of FAZ to defy a duly issued and still effective court order halting the deficient electoral process. This act is contemptuous of the High court for Zambia and we promise that appropriate orders will be promptly sort against your person and that of your entire committee and any orders emanating therefrom will remain outstanding and enforceable at an appropriate time and in the future. Therefore, be warned that should FAZ and its officials continue conducting the charade of the electoral process, they will face the tenacity of Zambian law including, but not restricted to citizen’s arrest. We implore you to counsel FAZ executive to obey the court order until the matter is resolved. This is very important in the interest of health and safety of all involved. You are accordingly informed and do acknowledge your receipt of this our letter.”

Maybe to put this into perspectives, lawyers don’t speak on their own. They speak on behalf of a client. So Damiano Mutale is basically the one who is threatening FIFA that if it supports FAZ in not going to court, Damiano will arrest FAZ officials in a “citizens’ arrest” for contempt. And he will also arrest FIFA officials from the membership committee whenever they land in Zambia.

Now this is where my not being a lawyer becomes a limiting factor and also a blessing. You see readers if I was a lawyer, I would be constrained by LAZ rules not to dispense my legal opinions openly and for free. As a kapyopyo I am currently speaking freely. But I get stuck sometimes. Right now am stuck. Is contempt something which is declared by a litigant, in this case Damiano Mutale the plaintiff, or by his lawyers, i.e. Mosho? Isn’t contempt declared by the courts of law? I feel that contempt of court is considered a prerogative of the courts.

Secondly if the contempt is actually declared, isn’t the enforcement of the same to be done by the police? It seems that the Zambia Police (Amendment) Act, Cap 107 of the Laws of Zambia only leaves arrest to police officers and members of a crime prevention and control association established under subsection (2) of the Police Act. It seems also that the only time that citizen arrests are allowed are when someone is found commissioning a crime. But where this is done for a civil matter such as this contempt, I think there is a chance of the law reinterpreting this as an “abduction” or even “false imprisonment”.

I love Damiano! He responded to a letter in which he was neither an addressee nor copied. And he asked his lawyers to ask FIFA to acknowledge his letter. I am not sure FIFA has responded and I doubt that FIFA will respond. You see, FIFA doesn’t recognize anyone else in Zambia apart from the FAZ Secretariat and council in its communication. The FA communication is addressed to the Secretariat through GS and for the FA Council through the president. FIFA can address disciplinary issues directly to parties like clubs, players etc. Since Damiano or anyone else has not written to FIFA to appeal the FAZ elections (or earlier avoided FIFA) it is interesting to see him now write to FIFA. So as I was saying, in terms of communication, FIFA recognises only Secretariats for management and administrative matters and council for governance issues. If a decision is made by the FAZ disciplinary committee it is still the GS to communicate that to FIFA. If FIFA wants a report from the League Manager or the Referees manager it’s still GS to communicate. For governance issues like elections, CAF participation and FIFA it’s ideal to address to fhe president on behalf of Council or hope the DG will pass them on. SOPs. Best practices. So Damiano having neglected FIFA in his process is not likely to have favourable responses from FIFA and FIFA will only listen to the FAZ GS.

Let us get back to the letter: The use of the words “in the interest of the health and safety of all involved” seem to be too strong for a football matter. Surely football should unite us and should not lead to loss of health or safety. Let football come with fighting of minds and schemes not the use of force and strength.

On the contempt issues, my view is that whereas FIFA is right that courts should not come into the running of the beautiful game, it should not advocate for the disrespect of the rule of law of the land. As soon as it is served the ExParte order, FAZ must comply with the order just long enough to explain to the court the need to vacate the order and let the process continue.

In conclusion, if the Kamanga-led FAZ refuses to obey the court orders, they cannot morally rely on laws later on. In as much as the order may be irregular, they still have to use legal means to fight it. A friend of mine reminded me of cases where “a public body can make a decision that is illegal(i.e. unlawful) or smacks of procedural impropriety(i.e. ignores rules of natural justice such as ‘do not condemn someone before you hear them’) or is indeed irrational.” An irrational decision, according to Lord Diplock, is a decision “so OUTRAGEOUS in its defiance of logic or of accepted moral standards that no SENSIBLE person who had applied his mind to the question to be decided could have arrived at it”. In all this, we agreed that despite decisions being seen as irrational, unlawful or irregular, laws of the land have to be respected. The same laws and the courts and the same procedures should be used to set the ExParte Order aside.

Similarly, if the Damiano Mutale camp including those wanting to stand as candidates are to ignore FIFA and ignore FIFA statutes by going to the courts, then find their way into FAZ, will they then later want to obey and rely on the same FIFA status once in the top positions of FAZ? Remember that Blackwell Siwale once sued FAZ in ordinary courts of law and his case has died a natural death. Simataa Simataa and Andrew Kamanga also once did that. But their efforts amounted to nothing. Only an election win in 2016 made a difference.

Riding on constitutional lacunas, PF seeking to justify third term

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By Melvin Chisanga

To be or not to be, that is the inevitable question that every PF member who has presidential ambitions should be asking themselves as calls to leave the number one seat in their party for President Edgar Lungu steadily approach the crescendo. Notwithstanding their claims that their forthcoming convention will be open for anyone who so wishes, to challenge Mr. Lungu for the topmost position in the party, some PF bigwigs seem to be insinuating that the decision to have the incumbent to continue, God knows why, is already cast in stone. Standing up to challenge Mr. Lungu has been made to feel like staring into one’s own political grave within the PF rank and file. It is yet to be seen who will brave the odds and put their lives on the line to challenge their mighty leader.

From the way many people across the PF party structures have been behaving in relation to the issue of having to see Mr. Lungu remain at the helm of the party, one can not help to ask, but why? Bearing in mind that beauty lies in the eyes of the beholder, however, may I also submit that there is a level of this attribute that achieves some consensus of the wider section of the beholders, and I think the president’s beauty in that context, is not one. As to how many people in the PF share my view could only have been determined if it were possible for them to hold their convention on a level playing field. But with the way Mr. Lungu is being hoisted and made to stand on endorsement scaffolds in relation to everyone else who could be contemplating challenging him. From my vantage point, the forthcoming PF will be for other elective positions as Bill 10 and illegibility debates have both been pointing to the fact that Mr. Lungu’s 2021 candidature is a foregone conclusion. Forget whatever will take place at their convention as it will be just a smoke screen, meant to accord the process some semblance of democracy.

Talking of the eligibility judgement pertaining to president Lungu, I, from my vantage point, have observed a certain trend from the way our judiciary has conducted itself in discharging its functions on some matters of national interest of late. Though I am not a lawyer, my layman legal knowledge, coupled with the fact that this country was declared to be run on the basis of the Ten Commandments, with l am very familiar, I feel I do relate fairly well with legal matters to be able to observe and notice the deliberate tendency by our courts of law to make equivocal judgements on very sensitive matters, thereby sending the entire country into street courts to try and fill in the blanks contained in some judgements that have been passed. In other words, I am of the view that our courts of law are trying so hard to avoid to be judged by posterity by sitting on the fence whenever they find themselves in a catch 22 situation. That is smart isn’t it? Fair enough!

Whilst holding that thought, may I draw your attention back to the theme of this article; How the PF have drawn political capital from constitutional lacunas. If the ruling party was an animal, I would call it a nocturnal creature because of the way they love to thrive in the dark areas of the law, the lacunas . Maybe that explains their prowess in clandestine activities. I cannot really understand how and when the party that had promised the people of Zambia to govern with serious adherence to the Ten Commandments of the Bible veered off its tracks to espouse quite the opposite. Speculating that it could have been at their infamous vote-by-raising pangas convention which ushered president Lungu into office is the furthest I can go. What exactly am I trying to say?

Before I am accused by either the PF or indeed their surrogates of saying things that cannot be substantiated, may I draw your attention back to the infamous “14 days is 14 days” Constitutional Court ruling on the election results petition of 2016. Does anyone remember the maneuvers that culminated into that judgement? Without really having to delve into the details, I just wanted to draw your attention to how the PF owe their forming of government to a lacuna in the constitution, as it left the interpretation of the said 14days to a group of men and women whose dispensation of justice may be subject to a lot of variables.

As if to suit the narrative of a Tonga proverb that says and I quote, “Suntwe talubi nkwaakasiya cifuwa”,literally meaning , a hyena never forgets where it left a bone, the PF are wise enough to remember where to take refuge when faced with another power threatening situation, another lacuna! Really? Like trying to confirm speculations that they are hand in glove with the PF by fortifying their hiding places with a speculative non committal ruling, the Constitutional Court has come handy for the PF to give them some sand, though just enough bury their heads. Does Mr. Lungu qualify for another term in office or it is a third term?

It is interesting to see and hear how some PF members are ready to lose their integrity, in some situations even their lives over this issue of president Lungu’s elegibility for 2021 election. I do not know or understand the motivation the drove Dan Pule and friends to moot the idea to seek the opinion of the court on a non issue like this one. But Like the Bemba saying goes, “fyakulya ubushiku fitulikila kumalushi”,literally translated as, the evidence of a meal eaten in secrecy only comes out through someone’s vomit. Look now we are all wallowing in the vomit of what we did not eat. Look at how your friends are embarrassing themselves trying to justify a no brainer. Where is Dan Pule and friends to tell us what they ate. It should not remain a mystery like the gassing chemical.

I know Mr. Pule as one of those Christians who, for reasons only known by themselves, have become idol worshipers by switching their allegiance from Jesus to President Lungu. I hope will be very uncomfortable to take the place of our Lord and rebuke them. Is that many people can do for brown envelopes? But seeing how many deny brown-envelop motivation, the only logical reason that could have moved him to ask the court that kind of a question is if he is just a political snitch trying to poke his nose in matters that should otherwise not concern him. Being a politician that I have known him to be, however, though I do not know how politically active he is at the moment, I take cognisance of how difficult it is to read the mind of a politician. Having said that, I would still give a benefit of the doubt and suppose that he was asking from the vantage point of President Lungu being his (Mr Pule’s) biggest threat to his presidential aspirations and was therefore just fancying his 2021 chances to go to plot one.

Still on the issue of Mr Lungu being other candidates’ most dreaded ballot-mate, I hope the pro-Lungu campaign team is not driven by the illusion that Mr. Lungu as a presidential candidate who exudes such a kind of threat to as give his political opponents insomnia. To all intents and purposes, what has he done to earn him a cult status? Other than his incumbency, which unfortunately enough for him, he looks well destined for failure to leverage on because of wrong advice from the people who he has surrounded himself with, someone would need to explain what could have earned him a cult status. Even those people that are gallivanting all over pushing the third term agenda know that other than the jobs he has given them that have accorded them all those fringe benefits, the president has not fulfilled the promises he made in the run up to the 2016 elections. Roads? I knew you would say that, but listen, you will be very lucky if the roads whose lifespan you tied to your term in office, will still be in existence to give you a smooth ride back to your compounds when the people of Zambia consign you to where you belong.

They even have the guts to trot between media houses to preach constitutional heresy to the very people that snatched them from the Jaws of poverty and put you in the limelight through the ballot? Shame on them. As if the suffering that the government has brought to the people through its failure to come up with favourable social economic programs is not enough, they have gone on to torment them with gassing. If not our lives, what more should we expect them to demand of us? I know some of you will seek to take solace in the fact that you have not uttered a word on any of the many appalling issues that have dominated the Zambian media, social, private and public of late. Be told here and now that you, in fact are worse than those that have opened their mouths to confess their allegiance to the one who pays the piper, to rise to their feet whenever he calls the tune. At least they will save us the risk of adverse selection come election time.

To that effect, if l were the president from whom you are hiding the truth, thereby making me administer wrong prescriptions to ailments that I would, given the right information be able to treat and cure, I would second those that know only how praise me even where I have done wrong to join Seer 1’s praise team and marry all those that like keeping quiet to Chipata women so that they can unlock their tongues with their nag. Whether he is aware or not, it remains unfortunate that those that are supposed to building the president’s image by telling him the situation on the ground as it is have abandoned him, preoccupying themselves with building mansions in Forest 27 which will only be theirs verbally for fear of being followed when their political sun sets.

As evidenced by the time when Mr. Pule pinged the constitutional court to get the blurred feedback that would later raise ripples of eligibility debate across the width and breadth of this country, this discussion traces its origins back to within a few months after being sworn in 2016 for what, according to Makebi Zulu’s interpretation of the constitution, was President Lungu’s first time of holding office. To be honest, I am one of those people who, despite having heard about the issue of some people even taking the matter to court, I felt it was both too early and unnecessary for anyone to bring forth issues of the president’s eligibility for 2021 elections. It felt more like just one of those after-election victory excitement talks that would not survive the various national challenges that laid ahead. I, like those that shared any similar view, was dead wrong.

However, the president did not forthrightly come out in the open to declare his interest. It was not until the president made allusions to his intentions to contest, though just in passing, and the infamous Bill 10 was born, that it began getting increasingly clear that our humble leader desires not to leave the stage anytime soon. He could be the one who gassed Mr. Pule’s car when he wanted to deliver the petition at the Constitutional Court of Zambia. But you see, desiring to stay is one thing and deserving to do so is yet another. If Mr. Lungu indeed desires to continue being the president of Zambia, a bit of a feasibility study as to whether a wider section of society share his feeling would not be a bad idea. After all, every president’s mandate is only handed to him or her by the people.

The eligibility talk took a whole new dimension when our mother the Vice-President woke up to the proverb that it is better to show up at a party late than not attending at all. Wherever, God knows, she has been when the president has been positioning himself for 2021, she has, much to the disbelief of many, waited until now to dampen the hope in the hearts of many who could have been lining themselves up for her position even before knowing what she thinks. What a shocking classic from the old lady. Indeed age is nothing but just a number, remember? Taking all things as given, I still have a question for you mama. What motivates you to want to continue living in Government House? Beyond being on hand to waste no time to point an accusing finger at and open your mouth to blame the opposition for the rackets that your party has devised and being invited to be a guest of honour at some functions, how do you want Zambians to remember you mama? .

Having realised the limited camouflage spots that existed in the downward-flying dove constitution, the PF sought to introduce more lacunas into it via Bill 10. Reminds me of one Zambian song with a line that says “kazizi ni kazizi”, which simply emphasizes that an Owl will always remain an owl, a nocturnal bird and darkness will always be it’s default abode and favourable place to operate in. Fortunately enough, the people of Zambia, with the help of vigilant citizens from the legal fraternity and civil society, inter alia, the contraband with undiluted doses of darkness in Bill 10 has been intercepted within parliament grounds before it could be tabled for any analysis. To everyone who took some time to speak against Bill 10, even for the voiceless, please look forward to receiving your ultimate reward not from man who changes like weather, but from God.

Going forward, this habit of sitting on the fence when passing judgment by our courts of law should end. Unless you say you are enjoying the eligibility discourse on the streets while it lasts, you our judges must be hanging your heads in shame for leaving things open to speculation just like that. To the PF, you should stop riding on lacunas in the constitution for political survival. You can do way better than that. Those of you that have chosen to pretend that you do not harbour presidential ambitions, even when you are busy drooling for the top post in your hearts, be mindful not to sound like you are stopping your colleagues from challenging the president because some are not cowards like you. Ensure to guard against brain drain in your party through the habit of expelling those with ambition. Otherwise, your party will remain like skimmed milk. Mr. Pule, wherever you are, I know you as a man of God. This habit of asking questions for people who are not there should end on this issue we are grappling with. How does it feel to be the initiator of a debate that has the potential to obliterate relationships?

To President Lungu and his running mate, our mother, am appealing to you to try, and God knows how, to genuinely sound out the people on their opinion as regards what they think about you. If you ask me, even passing laws that are well-intended to better the lives of the people will no longer be easy because of the unbridled appetite for lacunas that your party seems to have. People have lost both their trust and confidence in your party. The president lost another golden opportunity to resuscitate our confidence in him and endear himself to us during the SONA recently, by merely glossing over real issues affecting the people. The president knows what l am talking about. On the other hand, cracks in his party are growing bigger by the day such that there are even some chances that even some members of his own praise team may opt to vote against him come election time. Oh yes, it is possible.

Maybe this is the area where you need to establish a commission of inquiry. It is better to leave the stage while, for whatever reasons, the audience is still clapping. Mama, it would not be a bad idea nor a sign of weakness to heed the advice of those that are telling you to pass the baton on to someone younger. To the contrary, the gesture may just win you a name that you were otherwise not going to achieve. That is called scoring in the last minute of extra time. You can still play a good granny’s role. Is the PF that depleted of youthful vibrant women to step up to the plate? I know a woman can be as young or old as they feel, but look, we are talking about a running-mate and not a walking-mate. If you know, you know.

chisangamelvin651@gmail.com

Sangwa is patriot and a defender of the constitution- Chief Mukuni

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Senior Chief Mukuni of the Tokaleya people of Kazungula district in Livingstone has demanded for the unconditional lifting of the suspension of Lusaka Lawyer John Sangwa from appearing before any Zambian Court.

And Chief Mukuni has called on all traditional leaders in Zambia to offer solidarity to Mr. Sangwa as his suspension is unfair and unjust.

Chief Mukuni has described Mr. Sangwa as a patriot, a man of logical mind, a defender of the constitution and the rule of law.

In a statement, Chief Mukuni said Mr. Sangwa’s selfless act in the face of naked aggression and persecution by the state machinery, political party functionaries and surrogates, inspires hope and direction for the country that has reeled backwards in areas of constitutionalism, civil and political liberties.

He said Mr. Sangwa’s resolute fight transcends the pettiness of politics, partisanships and patronage.

The Traditional leader said Mr Sangwa has raised the bar for Zambians, especially the young citizens to emulate and pursue.

Below is the full statement

Press statement for immediate release from Senior Chief Mukuni

15th March 2020

TRADITIONAL LEADERSHIP MUST SUPPORT JOHN SANGWA SC

I wish to call upon my collegues their Royal Highnesses across the Republic to offer solidarity to a patriot, a man of a logical mind, defender of the constitution and the rule of law, John Sangwa SC, for his unequivocal and courageous resolve to stand on the side of the people, by defending democracy and civil liberties of all our citizens. John Sangwa’s suspension by the Judiciary from practicing his law is unfair and unjust and should be lifted immediately.

Counsel Sangwa’s selfless act in the face of naked aggression and persecution by the state machinery, political party functionaries and surrogates, inspires hope and direction for our country that has reeled backwards in areas of constitutionalism, civil and political liberties and shared values on which our nation was founded upon.

Mr John Sangwa’s apolitical and resolute fight transcends the pettiness of politics, partisanships and patronage, it is a fight for the survival of the collective character of this nation that exceeds artificial barriers of race, ethnicity, gender, religion and other narrow sectarian interests. He has raised the bar for our people, especially our young citizens to emulate and pursue. He and other like minded brave patriots must be supported by all peace loving citizens.

There can be no prosperity and progress for any nation whose government does not place constitutionalism, the rule of law and impartial pursuance of public order at the centre of its existence. All Traditional leaders must therefore support any effort that promotes the rule of law and the enjoyment of peaceful coexistence by their subjects.

We must speak with one voice, against the abuse of the institutions of governance by those who are vested with priveleges and responsibilities to govern. This is what John Sangwa SC is advocating for, this is why he needs our collective support by ensuring his arbitrary suspension from appearing before the courts of law, is unconditionally lifted.

God bless you and may He bless the Republic.

Senior Chief Mukuni of the Leya people of Kazungula, Livingstone and Zimba Districts and all the Bene Mukuni.

Snapshot In History – Terror Of The Lusaka Strangler 1980 Part II

#SNAPSHOT IN HISTORY – TERROR OF THE LUSAKA STRANGLER 1980 PART II

In 1980, the Zambia Police set up a Special Investigation Team (SIT) headed by Superintendent William Mundia then DCIO Southern code named ‘Operation Rosemary’ to probe the Rape-Murders and to catch the serial killer on the loose in Lusaka – known as the ‘Lusaka Strangler’ – in which twenty-five (25) female victims’ bodies were discovered dumped after sexual assault and strangulation. Two others were lucky and survived his attempts to strangle them after indecently assaulting them.

VICTIM PROFILE
The victims were often stranded visitors to the Capital or those in transit though a number of minors and made up the victim age-group of 10-32 years-old.

By the end of June 1980, the killing spree had claimed 23 victims and the manner in which the last body in June that of 18-year-old Lita Mabango was crudely hanged from the fence which surrounded the National Institute of Public Administration (NIPA) was deliberately calculated to shock and instill terror in Lusaka residents.

LUSAKA TENSE
Lusaka was tense for the months that the killings continued with wild rumours of who was likely behind them. A reward of K10,000 – Ten Thousand Kwacha – a lot of money at the time, was put up for information leading up to the arrest or capture of the killer(s) and a dusk to dawn curfew was in place for the period restricting movement in Lusaka. This did not stop the killings.

LUCKY BREAK
The team was lucky to have a break in their investigations by the coming forward of one of the survivors of the attacks Josephine Nora Mukatasha. Officers set up a trap to lure the killer at Old Kamwala Bus Station in Lusaka where she identified her attacker and had him arrested.

The man she identified was a Zambia Army soldier Milton Mufungulwa Sipalo. Sipalo gave up the identity of another soldier Kenneth Kaluwe as an accomplice but a search led by the team of officers at the homes of the two suspects found a number of items belonging to nine of the victims – Regina Munanga, Maggie Mwanza, Mary Chisanga, Rosemary Mufulachuma, Fridah Ncube, Regina Mumba, Miriam Mwale, Millian Chipeta and Agness from Sipalo’s house at House No. 23 Arakan Barracks in Lusaka.

THE LUSAKA STRANGLER’S VICTIMS – JANUARY TO MARCH 1980

January 5, 1980: GRACE SHAMBILU, 21. Semi-decomposed body found at Lusaka Boys Primary School football ground. She was allegedly killed elsewhere before the body was dumped at the football ground. She came from Sinazongwe and was in transit to Kitwe by train. Investigations revealed that she had travelled from Sinazongwe on January 2 and dropped off a north-bound train at Lusaka railway station on or about January 4 to deliver a letter to her brother working for the National Agricultural Marketing Board (Namboard). The following day she was to proceed to Kitwe where she was to attend interviews at the Zambia Institute of Technology. She never did.

January 6, 1980: UNIDENTIFIED FEMALE, aged about 21. Body found along a path near Chitukuko Road, Woodlands. She was allegedly raped and strangled where body was found.

On January 6, Woodlands Police Station received a report similar to the one received by Lusaka Central a day before.
A body of a dead woman was found lying by a foot path off Chitukuko Road.

After examining the body police established that the woman was first raped and then strangled at that same place. There were marks of a violent struggle on an area six metres in radius evidenced by scattered beads ripped from the woman’s waist and torn knickers found four metres from the body.
Bruises were also noted on the woman’s body especially on the sides of the neck and on the navel while blood and what looked like foam oozed from her mouth and nose. Efforts to get the woman identified failed.

January 12, 1980: FLORENCE MWANGELWA MULIMA, 21. Body found behind NIPA offices. Victim allegedly raped and murdered where body was found. She had travelled by train from Mazabuka to Lusaka. She was doing Form lll [Grade 10 of the day then].

January 14, 1980: PRISCILLA NDHLOVU 10. Body found in a maize field between Olympia Park and Northmead. She was sent to buy, some groceries by her parents to buy some groceries before she allegedly met her death by strangulation.

January 28, 1980: REGINA MUNANGA, 25. Body found between UNZA campus and Show Grounds. She was allegedly raped and strangled where body was found. A woman police officer, in transit from Livingstone to Mufulira, on official duties. She came by train.

January 30, 1980: CLODIA MAIMBOLWA 21. Body found at Freedom Statute near Nasser Road. She was allegedly strangled where body was found. She was in transit from Choma to Senanga, she came by train. Last seen in company of a soldier.

February 7, 1980: MILLIAN CHIPETA 20. Body found in a maize field between City Airport and Longacres. She was allegedly strangled with a scarf where body was found. She came from Kitwe to Lusaka by bus.

Feb 10, 1980: UNIDENTIFIED WOMAN aged about 18 to 21. Body found along Washama Road, Villa Elizabetha. She was raped and strangled elsewhere before body was dumped at Villa Elizabetha.

February 11, 1980: FOSTA KAELA, 10. Body found in a maize field between Kalingalinga and City Airport. Victim was allegedly strangled by a man who left boot footmarks. She was coming from Lusaka Girls Primary School.

February 17, 1980: GRACE MUTONDO, 26. Body found at Lukunga Football pitch behind Inter-Continental Hotel. She was allegedly raped and strangled. Known to have come from a disco at the hotel.

February 25, 1980: FRIDAH NCUBE, 32. Body found lying near Maxwell House hostels next to Lusaka Girls Primary School. She came from Choma in transit to Zimbabwe. Footprints found on the path indicated she was allegedly picked from Inter-Continental Hotel before she was strangled.

March 13, 1980: JANE MALAKO, 18. Body found along a footpath near Chitukuko Road, Woodlands. She was a student travelling from Livingstone to Senanga via Lusaka. Victim was allegedly strangled after being picked from Kamwala bus station.

March 13, 1980: HILDA BANDA, 18. Body found at Kamwala Secondary School playfield. She was allegedly strangled with her belt. She was last reported to have gone to Lusaka Hotel.

March 15, 1980: AGATHER MUSA NASILELE aged about 18. Body found along a foot path near the Show Grounds. She was a Form III student travelling from Magoye to Western Province via Lusaka. She was allegedly raped and strangled.

March 23, 1980: EMELDAH MONDE CHABAZWA, 26. Body found lying in bush near Chitukuko Road, Woodlands. She was a student travelling from Mongu to Monze via Lusaka. She was allegedly raped and strangled and before body was dumped near Chitukuko Road.

March 25, 1980: MIRIAM CHIWALA, 15. Body found between Duly Motors and Chibolya compound. She was allegedly raped and strangled. A cardboard message found near the body had the message: “Nothing to say guys and don’t mind all what I told you when you were going for elections. Comrades no woman now. Please my friend be careful how you walk, yours no woman now.”

PART III COMING UP……

Photo : Nora Soko identifies Zambia Army soldier Milton Mufungulwa Sipalo as her attacker.

The National Sports Council Of Zambia Refuses To Take Action Against FAZ

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By Shalala Oliver Sepiso

The National Sports Council of Zambia yesterday refused to take action against the FAZ Electoral Committee and to stop the FAZ elections opting instead to let wrangles and disagreements currently on about candidates for the FAZ elections to be handled through the FAZ Constitution and FIFA statutes.

On February 19th, 2020 Lawyers representing Football legend Kalusha Bwalya wrote to the National Sports Council of Zambia to prevail over the Football Association of Zambia for allegedly breaching provisions of its Constitution during the vetting exercise in which the FAZ Ethics Committee barred BWALYA and three others from contesting the Presidency. In a letter to NSCZ, Lawyer LEWIS MOSHO of LEWIS NATHAN Advocates et al, on the instruction of his client MUMBO LOMBE, demanded that the council exercises it Statutory obligation on FAZ by suspending FAZ for breaching its Constitution and FIFA Statutes. They said the FAZ Ethics Committee was illegal as its members did NOT themselves undergo the integrity checks as required by the FAZ Constitution and that NO FAZ code of ethics had been put in place to guide the operations of the Ethics Committee. Further, they asked for the NSCZ to reverse the decisions of the Ethics Committee and asked for a response and prompt action from the National Sports Council of Zambia.

Consequently, the National Sports Council Meeting of yesterday had two main items: the election of a vice chairman and Action Against FAZ in Item 7. It seemed NSCZ was to take action against FAZ.

Prior to this meeting, I twice argued that the National Sports Council of Zambia has no powers to suspend a committee of an association as demanded by this letter. They can only suspend the association itself or office-bearers of the association. Attempting to change internal structures of an association amounts to direct interference and it is not provided for under the Zambian laws. NSCZ can suspend FAZ and ban football in Zambia but it can’t start suspending officials or committees without using the said association’s structures or constitution. Where it suspends specific officials, there are rules how this should be done. NSCZ can ban officials from being officials in Zambia quiet alright.

I also mentioned that with FIFA having written to FAZ and FAZ availing the same letter to NSCZ, NSCZ was constrained in what it could do as it lacked jurisdiction in some of the issued asked for. Further, even the things which it had powers over, such as suspending football in Zambia, were not going to be in the best interest of the public and would be very unpopular.

In the end, according to a source that attended the meeting, I seemed to have been on the right track. She said: “On the choosing of the vice chairperson was deferred to next month as they will be elections for all council board members. [As many of you know, the NSCZ Board is not in place. And to put it in place, a number of board members have to be elected and some appointed by the Ministry of Sports] Secondly, on the issue of the FAZ elections, NSCZ decided that these would go ahead as directed by FIFA unless the global body later guided otherwise or the Court of Arbitration for Sports stops the elections. The NSCZ acknowledged receipt of the letter from FIFA and was aware of sanctions against Zambia if the meeting had gone on to do what Mumbo Lombe asked them to do. The meeting ended at 14:00hrs sharp.”

When I heard this, I was not suprised. I had repeatedly said I expected that approach and decision. But I didn’t rush to publish the decision because firstly, as a student of 36 Bwinjimfumu Road, I had been taught by Fred Mmembe and my editors Bivan Saluseki and Joan Chirwa to “verify, verify, verify”. So I went ahead to triangulate the information and later saw one of the newspapers carrying a story on the same.

In today’s Daily Mail newspaper, in a story entitled “NSCZ to watch its boundaries”, Diana Chipepo reports from Lusaka that: “THE National Sports Council of Zambia (NSCZ) says it will not go beyond its jurisdiction to preside over matters among its members. NSCZ chairman Patrick Mutimushi said in an interview after the council’s extraordinary meeting at National Sports Development Centre (NASDEC) in Lusaka yesterday that all member associations have respective constitutions which guide their operations and the council is there to guide. “My appeal to all associations is to follow their constitutions which they formulated and remember that they are not an island. They operate in Zambia and there are laws in Zambia. As NSCZ, we follow the law and we have been given the jurisdiction of how we can handle issues in these associaions so that there is transparency and fairness in dealing with their members. NSCZ is there to guide and I want to encourage associations to come to us, we are there for them,” he said. [The story goes on to report that he then confirmed that elections for the NSCZ vice chairperson would be there in a month and a half.] On the Football Assocation of Zambia issues, Mutimushi said that the NSCZ would wait for the processses within FAZ guidelines to be completed. “We are very cognisant of the FAZ constitution, which also relates to FIFA statutes. FAZ has a process which they follow, our role is not to INTERFERE in the operations of any association and its very clear….,” he said. It is not about how quick it is to the elections, there is a process that needs to be followed. Decisions are made not just because there is an election. Even after elections, there is a process that needs to be followed. So whether its the elections or after, as long as processes have been followed to the letter, a decision can be made and implementation can be done,” he said.”

With this triangulation and confirmation, we can close this chapter of National Sports Council of Zambia.

Of the three clients of Mosho and Phiri, one has basically lost his case and we are remaining with two. I feel my readers on this one I have not let you down and I have been on top of things.

For the other two clients, we have Kalusha Bwalya at CAS and his case will gain momentum this week. You will recall my dear reader that I predicted no action from CAS last week – and so far I have been correct – and that a decision will be made this week. I postulated that the decision is likely to not give Kalusha relief stopping the FAZ elections based on Past precedent. I also said the decision may ask Kalusha to pay the deposit on costs within a given time-frame. I am not sure how the decision on using Swiss Law vs FAZ Law will go and on that one I had guess. If I am forced to guess, I think the court will find for Kalusha and approve the use of Swiss Law which will be a big boost for him because his CAS depostion is well argued with a litany of cases, citations and logic.

The last client of the lawyers in Damiano, this one is the one likely to cause a FIFA ban if the courts decide not to vacate the order as will be prayed by FAZ tomorrow. There is another twist to this case as Damiano and Lusaka seem not to have loci standi in the case after all as new details have emerged and been availed to me this evening. I will talk about Damiano and possible twists tomorrow morning before court opens to avoid posting to many things this evening and to give you guys to digest what I have posted tonight.

Related to this case, It is possible also that courts may issue gags on people like me not to comment on the merits or demerits of the case. However it will be shameful for lawyers to try and shut us up. Lawyers should allow us to debate this issue as empowered by our freedoms of speech and freedoms of association as enshrined in Part III of the Zambian Constitution in the Bill of Rights. But to avoid contempt, I shall post in the morning before courts open.

Meanwhile, it is my view that, so far, Mosho and Phiri have done a great job for their clients and they will be worth every coin that they will charge. There letters and arguments are what I would want my lawyers to put across. Sometimes cases are lost on the strength of the case not on the effort by the lawyers. As for Kalusha, the failure of the case may end up being more of strategy in the period between the time FIFA reduced his sentence to end of last year. It wont be because of what he has done between the day of nominations to now. The men have fought. His lawyers have fought. His communication could do with a little more boost and force especially on the nitty-gritty on issues. Propaganda will excite already decided supporters but won’t win the undecided voters and the general public.

DISCLAIMER: Well, this is my personal opinion and I am not a lawyer. But for the record, I was a Sports Development Committee member at National Sports Council of Zambia from 2007 to 2016. I served under National Sports Council of Zambia chairmen like Dr Julius Sakala, Chifumu Banda, Mwamba Kalenga and others. I am also a commentator in this matter but am not campaigning for either Kalusha or Kamanga but campaigning for my future career in football management.

UPND tells PF not to politicize mealie-meal

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UPND deputy spokesperson Cornelius Mweetwa has advised the ruling Patriotic Front not to politicize food in the country.

Most parts of the country, especially Lusaka and the Copperbelt has experienced shortages of mealie-meal, whose prices have risen to about K250 per 25kg bag.

In an interview, Mweetwa, who is also Choma Central member of parliament said his party was extremely disappointed with PF’s conduct in its responses to the hunger situation in the country and escalating mealie-meal prices.

He said by now the nation could have been given firm and conclusive statements by government on the mealie-meal situation instead of alleging that some people were holding on to maize or that mealie-meal had been mopped up.

“Let them come out categorically clear, who is doing that because that amounts to economic sabotage, which is an offence in Zambia,” Mweetwa said. “They need to tell us something which is believable because so far what we have seen is that PF has been branding mealie-meal and some people are beginning to suspect that they are the ones mopping the mealie-meal so that they go and brand it with PF symbols, ECL 2021. We find this behavior morally incorrect.”

Mweetwa said it was morally incorrect for a government to take advantage of the poverty in the country and the hunger among people to start branding a staple food and turning it into a campaign material.

He said President Lungu talked about promoting morality and integrity in Parliament last week but wondered what integrity there was in the PF branding food and turning it into a campaign material.

Mweetwa urged the PF to stop the political mockery of taking advantage of hunger to politicise a staple food.
“We know that PF had enough bales and bales of citenge and t/shirts and where they found those only God knows but we can speculate all of us. Now are they telling us that those t/shirts and citenge they are distributing all over are not enough campaign material? Are they telling us that they need more visibility than they have done so far to even turn public broadcasters into a PF platform of propaganda?” Mweetwa asked.

He wondered what other visibility the PF was looking for.

He said the PF were in panic mode.

“And when they check, the only thing they can see whichever direction they look at is the word exit. Even in the sky when they look, they see PF exit 2021. There can be no negotiation to change anything as things are now PF 2021 kuya bebele [must go], people have resolved,” he said.

Mweetwa said if they were asked to do check of achievements against its campaign promises in 2016, the PF has nothing.

He said there was suffering in the country.

“Therefore, we humbly request, I am actually begging PF to respect the decency of humanity that Zambians live on maize as a staple food for now and therefore to begin to brand it with political slogans and turn the staple food into campaign material is the highest degree of being disrespectful to the citizens,” he said. “This epitomizes the deterioration of political leadership morals in a country. So we urge them to leave the mealie-meal alone, let people go and buy mealie-meal branded by the manufacturers, the milling companies…. How can PF turn themselves into a milling company to start branding mealie-meal? PF is a political party, it is not a milling company and we have not heard anywhere that PF has purchased a milling plant…even if they purchased, we would still urge them not to brand the staple food with slogans. Let us not politicise the question of food in a country.”

Mweetwa said the PF must explain to the nation what had caused the mealie-meal shortage in the country against the backdrop of many government assurances.

He said at the height of the hunger situation, PF kept on insisting that there were enough maize stocks to see people out of hunger.

He noted that in many parts of the country people had started harvesting their crops meaning the pressure on mealie-meal was reducing.

“Now when we have this intervening variable of people beginning to harvest their crops, one would expect that mealie-meal should have been in abundance. So what has eaten the mealie-meal of Zambia? Please PF tell us what has eaten our mealie-meal,” Mweetwa said.

“There is no way Zambians can continue to live like this; from gassing to mealie-meal prices going high; to mealie-meal shortage. Just when the gassing is coming to an end, there is a mealie-meal shortage, is it because of the supernatural powers, which they have lost? They can’t even tell what has caused the mealie-meal shortage because they have lost their supernatural powers which Seer 1 had given them,” Mweetwa said. “We know there are good men and women in PF, let them come out in the open. These are issue the government should be quick to provide leadership of transparency. Leadership is not driving big vehicles…leadership is providing direction to the nation, it is taking responsibility in times like these.”

He said the PF could not leave the nation to speculation over mealie-meal just like they did on gassing episodes.

Poem To The People Of Zambia 🇿🇲 (It’s Darkest Before Dawn – 485 Days)

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They say it’s darkest before dawn, it doesn’t ring more true than for the nation of Zambia.

Like a woman with birth pains, the nation experiences excruciating pain before the birth of a new time, a time of hope, a time of peace, a time of unity, a time of justice, a time of prosperity and a time when the people finally set aside trivial differences of ethnicity and regionalism that have divided the nation for decades.

A time comes when the nation’s ethnic diversity shall no longer be used as a wedge to divide the people and set them one against the other.
Instead the rich diversity of the 72 peoples that God has placed on his land will become a source of strength and celebration, each considered equal and each playing a pivotal role to achieve a common prosperity.
In each of the 72 peoples, God has placed a unique skill and talent in each that the other does not have but the other needs.

To achieve prosperity, they will have to work in tandem with each other just like body parts do, for the mouth to feed, the hand has to give it the food.

The one placed in the north toils the soil to grow the maize that the one in the south will eat, the one in the south raises the livestock that the one in the north will eat, the one in the north west mines the mineral that will provide the wealth for the trade to take place while the one in the west and the one in the east also toils the soil to provide a different variety of crop that the others cannot grow.
Together and jointly they become a functioning unit, a family, a society and a nation.

In 485 days time, the sun will rise in the east. Zambians from all walks of life will wake up to a new day, a day of judgement but also a day of hope and opportunity to chart a new future.
From north to south, east to west, Zambians from all corners of the country will line up in Long queues to render judgment.

Judgment on the fire tenders.
Judgment on Mukula.
Judgment on Bill 10
Judgment on the economy
Judgment on load shedding
Judgment on fuel prices
Judgment on mealie meal prices
Judgment on the FIC report
Judgment on the 49 houses
Judgment on high taxes
Judgment on political violence
Judgment on corruption
Judgment on the erosion of human rights
Judgment on unemployment
Judgment on the Kwacha
Judgment on tribalism
Judgment on incompetency
Judgment on debt
Judgment on cost inflated projects
Judgment on cadreism

By the time the sun sets in the west at 6PM, a verdict would have been rendered.

Within 48 hours, a verdict of GUILTY on the incumbent will be read out.

He will be required to leave the seat immediately and Zambians will install another leader of their choice, a leader of national consensus and a unified government of Zambians of all walks of life, coming together to deliver the nation from a pit of evil and drive the nation into prosperity and unity.

485 days it is, do not lose hope, do not despair, a new day is coming 💥💥💥🇿🇲🇿🇲🇿🇲

Copyright @ NDC MEDIA 15.03.2020

WE’RE DESTROYING THE JUDICIARY… and later on constitutional democracy – Changala

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GOVERNANCE activist Brebner Changala has asked Chief Justice Irene Mambilima what her managerial role, as an administrator for the judiciary, is when it comes to dispensing speedy justice.

Changala has insisted that an issue of a judge serving through a court order is of public interest because: “we could be keeping a questionable character on the bench, whose interests and motives are not known.”

In December last year, Changala told The Mast that he was distressed that Zambians had allowed a “suspect” of a judge like Sunday Nkonde to continue dispensing ‘justice.’

Changala lamented that despite being on the “wanted list,” of the Judicial Complaints Commission (JCC), High Court judge Nkonde remained on the bench, thanks to a stay.

On Tuesday, Changala called this reporter and reiterated that: “the stay of judge Nkonde on the bench, through a stay, is of serious concern to the dispensation of justice in this country.”

In late November 2017, President Edgar Lungu refused to suspend judge Nkonde, due to a stay which the latter obtained from his Ndola counterpart.

The JCC had asked President Lungu to suspend judge Nkonde so as to allow for investigations into how he handled the liquidation of the privately-owned Post Newspapers Limited in November 2016.

President Lungu was, then, reportedly amenable to suspend judge Nkonde, in accordance with the Constitution, within seven days.

But according to President Lungu’s reply to the JCC, judge Nkonde on November 20, 2017, sued the State and obtained a stay against the JCC ruling, by way of a judicial review in the High Court.

“I note that the Judicial Complaints Commission has found Mr Justice Sunday Nkonde, SC with a prima facie case. I further note that Article 144(3) of the Constitution mandates the President to suspend the judge found with a prima facie case,” wrote President Lungu. “However, I have since been served with an order staying the decision of the Judicial Complaints Commission pending determination of the matter by the High Court. In the circumstances, I am unable to suspend judge Sunday Nkonde until the order of stay is set aside or as the court may otherwise direct.”

Judge Nkonde is seeking judicial review of the JCC’s recommendation for his suspension over a complaint lodged by Post (in liquidation) editor-in-chief Dr Fred M’membe.

“What are the challenges that we can have judges now serving on the basis of court orders and not on the basis of their qualification, their integrity and justice at play? Changala asked. “There is a case of judge Sunday Nkonde where the Judicial Complaints Commission advised or recommended to the President to set up a tribunal which, by law, should have happened in seven days. This constitutional procedure was halted through an application for judicial review in the High Court and a stay was obtained.”

He is alarmed that close to three years now, judge Nkonde’s judicial review matter has not been heard and that he is operating, dispensing his constitutional duty on the basis of a stay.

Changala noted that justice delayed was justice denied.

“Why is that matter not being adjudicated by the High Court? It has now become fashionable for people to delay the execution of justice by rushing to court where cases are packed indefinitely,” he said.

In the same breath, Changala pointed out that the impeachment motion of President Lungu was of public interest and that it could not be parked in court, indefinitely.

He added that the court’s “failure” to adjudicate on the impeachment case of President Lungu was disquieting.
“Why are cases of public interest thrown elsewhere and they are never heard? Yet cases that involve friends and allies of the system are handled expeditiously and people are cleared before you realise as a nation!” Changala wondered.

He believes the judiciary is grappling with gaining citizens’ trust because: “our judges and other officers who accept matters which are of public interest” cannot discharge justice on time.

“We are having challenges and no wonder this country is going through serious deficit of trust in our judiciary system. Talking about judge Sunday Nkonde’s case, I must also marry it with the impeachment of President Edgar Lungu which was to come on the floor of the House. [But] a concerned group of citizens rushed to court to block…” Changala noted. “This matter has again been packed. You have to record the months it has taken for the impeachment matter to be heard, as a matter of judicial review.”

Changala regretted that Zambia was failing to have separation of power and that the judiciary was now under siege.

“The serving of a judge through a court order is of public interest because we could be keeping a questionable character on the bench, whose interests and motives are not known. This is how we are destroying our judicial system and later on constitutional democracy,” he said.

“I want to publicly ask the Chief Justice; what is her managerial role as an administrator for the judiciary as an arm of government, when it comes to dispensing justice on time?”

Meanwhile, Changala indicated that he was very passionate about The Post and the manner in which it was liquidated.

“Whoever played a role [in the liquidation of Post Newspapers Limited] must be made to account as quickly as possible. We have a situation where there is no movement as The Post Newspaper is being liquidated in a manner that is bizarre, in a manner that is highly suspicious,” noted Changala.

“Why are we not hearing any movement on these matters? We want answers, not excuses.”

Dr. Kalombo Mwansa helped save the life of Dr. Frederick Chiluba

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By Amb. Emmanuel Mwamba,

We couldn’t keep or hide his sickness any more.

It was 2006 and Dr. Chiluba was gravely ill.

Although to the public he was well and attended legal and court processes, he was battling illnesses that I became aware of since 2004.

During this period, Second President, Dr Frederick Chiluba was facing corruption allegations, his constitutional immunity had been lifted in July 2002, he lay isolated and without help. His repeated requests to seek medical treatment abroad was rejected again and again.

Both his personal doctor and those others he saw all recommended that he should be allowed to seek medical treatment abroad.

We tried various channels to enable Dr. Chiluba seek medical treatment.

This was a constitutional entitlement as a former Head of State.

We used the process through Cabinet Office, we made the requests through the Courts but no avail!

“Its an excuse, he wants to flee the country, he wants to run away from the charges” they mocked Dr. Chiluba in newspapers.

In February 2006, Chembe Member of Parliament, Hon. Dalton Sokontwe, a fierce Chiluba loyalist, called me very early in the morning.

He demanded to see me urgently.

President Mwanawasa had fired Sokontwe as Deputy Minister because he refused to stop seeing and visit Dr. Chiluba (and his letter of dismissal stated so).

They also accused him of organising traditional authorities and MMD members on behalf of Dr. Chiluba for the Opposition Patriotic Front.

I quickly met Sokontwe.

“Shi Mwamba, bakateka balatufwila( Shi Mwamba, the(former) President will die while we do nothing)”. He said in blunt but serious tone.

” I have a plan. We are doing this without Dr. Chiluba’s or Mrs. Regina Chiluba’s knowledge “. He informed me.

He said this because Dr. Chiluba had repeatedly refused to speak to President Mwanawasa or his close associates over his illness and on the need to seek medical treatment abroad.

“We have to approach (President) Mwanawasa immediately!”

At that stage, the relationship between the President and his predecessor was at its worst.

Dr. Chiluba was appearing in Court facing various corruption charges.

” I think we have a senior man we can see and can help.” He said.

“Let us go and see Dr. Kalombo Mwansa, and relay this serious message” Sokontwe said, stating it in a manner that he had thought through the issue.

Dr. Kalombo Mwansa was Minister of Defence at the time.

We immediately went to the Ministry of Defence Headquarters and we were lucky to see Dr. Mwansa at short notice and without prior appointment.

By lunch hour, a message came that we should prepare Dr. Chiluba as President Mwanawasa, would pay an impromptu visit, probably the first such visit since 2002.

Offcourse the two would meet during this period, at public functions or funerals, but a visit like this would be the first.

Sokontwe was right, he had picked on one to relay the message in a credible, urgent and impartial manner and yield results.

I informed Hon.Sokontwe and we both rushed to Chiluba’s residence.

The Chiluba’s were shocked as we relayed both our audacious plan and immediate results- President Mwanawasa was on his way to the residence!

And as informed to us, President Mwanawasa, the First Lady Maureen Mwanawasa, Aides and Ministry of Health Permanent Secretary, Dr. Simon Miti and others descended on Chiluba’s residence on Serval Road Kabulonga fripped with fear and empathy over the illness of Dr. Chiluba.

Two days later, We were in South Africa with Dr. Chiluba admitted to hospital for specialised medical treatment.

“This man is extremely unwell, his cardiac condition critical. Had he come a few day later or week later, he probably would be dead by now” said the Professor treating him.

So when I heard the death of Prof. Kalombo Mwansa, I was broken as I remembered how he looked at matters in a professional and sober manner and took political risks to serve mankind…

His humility was remarkable, one of the few Zambian lawyers with education from both the prestigious Harvard University and Cambridge University.

For I can confidently say that God used him to save the life of Dr. Chiluba in 2006.

May his soul rest in eternal peace.

Prof. Kenneth Mwenda: Presidential term limits

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By Prof. Kenneth Mwenda

After much reluctance, I am somewhat compelled to respond to the call of many good friends, colleagues and well-wishers who have been asking me lend my voice to the current constitutional debate in Zambia. At the outset, I must state that I am not here to cause trouble or to take any political sides. Mine is purely an intellectual contribution.

In examining the issue of presidential term-limits in Zambia (and elsewhere), let us take a comparative and international perspective to inform the discourse more thoughtfully.

(1) Presidential term-limit in Russia:

Article 81 of the 1993 Russian Constitution provides that:

“1. The President of the Russian Federation shall be elected for six years…
2 ….
3. One and the same person may not be elected President of the Russian Federation for more than two terms running.”

Now, what does Article 81 of the Russian Constitution mean? Indeed, let us take a more reasoned look.

Under Russia’s 1993 Constitution, the President can serve for two consecutive terms. And each term runs for six years. But the said constitution does not stipulate the total number of terms that a President can serve. So, a former president can seek re-election after ‘cooling off’ for one term and then bouncing back as President. Indeed, you can keep ‘cooling off’ after every two terms and then bouncing back. Nothing stops you from doing so.

(2) Presidential term-limit in the USA:

Section 1 of the Twenty-Second (22nd) Amendment of the US Constitution provides as follows:

“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once…”

Now, what does this US constitutional provision entail? Again, let us take a more reasoned look.

The US Constitution, unlike the Russian one, does not talk about ‘more than two terms running’. Rather, it simply bars any person from being elected to the Office of President more than twice. So, in the case of the US, there are two possibilities. An individual can serve two presidential terms in the US consecutively (i.e. one running immediately after the other) or ‘cool off’ after only one term, and then run again for second term later. Yes, one can serve a single presidential term in the US, and then ‘cool off’, that is, if he or she chooses to do so, before bouncing back for one more single presidential term. Indeed, the US Constitution does not stop you from doing so. But that person cannot exceed two terms in total. The US Constitution also spells out what constitutes a presidential term in the event that an individual adopts and serves part of that term to complete his or her predecessor’s presidential term.

Indeed, the US Constitution states explicitly that ‘no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.’ Now, this is where the Zambian conundrum enters. And I want to make the analysis here very simple and easy for any layman or pedestrian to follow. Let us turn to the case of Zambia.

(3) Presidential term-limit in Zambia:

Article 106(1) of the Constitution of Zambia, as amended in 2016, provides that:

“The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect assumes office in accordance with Article 105.”

It is at this juncture that the debate enters about distinguishing the words a ‘term of office’ from ‘holding office’. Indeed, Article 106(2) and (3) of the Zambian Constitution provides that:

“(2) A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
(3) A person who has twice held office as President is not eligible for election as President.”

Against this background, can we say that ‘holding office’ and ‘term of office’ are two different things? If so, what are the legal implications? If not, what is the way forward, given that there is no appellate court above the Constitutional Court? And does the concept of ‘constructive ambiguity’ in legislative draftsmanship play a role here? Or, could it be a case of rushed legal ordering of the political economy by the legislative draftsman? What can we learn from the constitutional provisions of the US and Russian constitutions on the matter?

In Zambia, Article 106(6) of the Zambian Constitution continues:

“(6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
(a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
(b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.”

Again, do the words a ‘term of office’ and ‘holding office’ mean the same thing? Then enters the Dan Pule case before the Constitutional Court of Zambia, with various commentators seeking to find out if the constitutional nomenclature pertaining to ‘holding office’ and ‘term of office’ are synonymous or not.

Now, in the Socratic method of law school teaching, we do not spoon-feed anyone with answers. Rather, we raise issues for people to think through. So, if you are looking for answers here to affirm or disaffirm the ruling of the Constitutional Court, you are in the wrong place and on a wrong forum.

Such is not the intended purpose of this contribution. Rather, we seek to stimulate critical thought around the legal issues surrounding this debate. So, let the debate begin, with decorum and well-reasoned submissions. Indeed, emotive or partisan outbursts are not arguments at all. Thank you!

Prof. Kenneth Mwenda is a distinguished thought leader and public intellectual. He read law at Oxford as a Rhodes Scholar.

EXPOSED: The secret behind mealie meal shortages revealed, govt hiding facts

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As the nation continues to face critical shortages of mealie meal, it has come out that the government is not telling the citizens the truth about the grain situation in the country, reports Zambian Eye Correspondent.

According to the World Food Programme WFP, the drought conditions have resulted in significant crop losses and poor harvests in the last farming season. This has led to shortage of grain in the country, but this is contrary to the official version from the government.

Meanwhile the state is maintaining that the country has enough reserves, alleging that the shortages are artificial orchestrated by economic saboteurs.

However, the facts on the ground do not support the state’s version. The government has since come under fire from various sections of the society who are demanding to know the truth.

Commenting on the matter National Democratic Congress leader, Chisimba Kambwili, said the government had not been honest regarding the issue of mealie meal shortages; “From November when the price of mealie-meal started going up, we were made to believe that it was temporary and that the price will come down.

“All those in government, including the President, [Lusaka Province minister Bowman] Lusambo, Minister of Agriculture [Michael Katambo] have been issuing statements continually that the price of mealie-meal will come down but to the contrary what we are seeing is that the price of mealie-meal has continued to go up,”

According to humanitarian experts the government is dilly-dallying on the matter pretending that everything is fine, and not admitting the truth of the matter.
WFP states : “The Zambian Government has refused to declare hunger as a national disaster despite calls from the international community and opposition leaders.”
This refusal by the government to declare it a state of emergency has negative implications in that the international aid community may not chip in at the right time.
Warnings that Zambia is on the verge of hunger have been given countless times by different organizations and individuals, but the government is declining to admit.
Caritas warned that Zambia is facing one of its worst droughts in decades and that 2.3 million people are in urgent need of help.

Apparently, Minister in the Office of the Vice President Olipa Phiri recently confessed that about 2.3 million people have been affected by the drought that dogged the country last year.

The minister said this during a visit to the Copperbelt recently where donations from well wishers meant for the flood affected victims were being handed out.

Assorted food items worth K1.1 million were donated to the vulnerable people of Kabushi Constituency by the Kabushi Entrepreneurship and Vocational Training Centre (KEVTC) in collaboration with the Disaster Management Mitigation Unit (DMMU).

On the same note, in May 2019, the Minister of Agriculture Micheal Katambo, said the country had enough maize stocks for both human consumption and industrial supplies. But, few days later he back tracked and confessed to a local radio station that the country was facing maize shortages.

In November the same year, President Edgar Lungu also confessed that the agriculture sector had been negatively affected by climate change effects, drought, floods, and outbreaks of pests and diseases. He admitted that as a result the production of crops, in particular Zambia’s staple crop maize declined. -Zambian Eye

Hichilema’s track record on Constitution reform not inspiring – Isaac Mwanza

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The Young African Leaders Initiative (YALI) has cautioned the public in their commendation of UPND and it’s leader Hakainde Hichilema in their role to provide checks and balances which have enabled Government, through Cabinet, to respond and propose amendments to Constitution of Zambia Amendment Bill.

During a media briefing on Saturday, YALI Governance and Legal Advisor, Isaac Mwanza, said the history of the UPND under Mr. Hichilema is to never support the constitution-making process, including the process they participated in 2010 and later collapsed in 2011.

“What remains to be seen is whether Mr. Hichilema will now provide leadership to his party MPs to support amendments which the Government intends to propose on the floor of the House. We are cautiously optimistic that he shall do so, bearing the history,” said Mr. Mwanza

He charged that Mr. Hichilema would not want anyone to take credit for enacting a Constitution which would allow youths, women, and persons living with disabilities to be represented in decision making and yet that has been a call these marginalized groups have been sounding for decades.

“The UPND and its MPs must remember that cleaning up this Bill and enacting it into law will ensure we have 30 days to hear a presidential petition in 2021 and beyond for any party that may be aggrieved after elections.”

He said Bill 10 must bring sanity into the Councils where Members of Parliament should have a say in managing developmental projects and making bye-laws that affect their people.

YALI has commended Cabinet for making a Government position known as regards public recommendations to amend the Constitution of Zambia Amendment Bill No. 10 of 2019.

“We believe the gesture by the government is a sign that it has been listening to this debate from those like us who crafted and supported Bill 10 and those who have been against certain provisions of Bill No. 10”

YALI has to join Government in commending voices who spoke against the Bill and those who championed for its current provisions.

“Our call is for UPND MPs and it’s leaders to show sobriety and participate in the process that must help the nation move forward. Our constitution is not perfect and there is no perfect constitution around the world. This is why Constitutions, even the oldest Constitution in the world, has undergone amendments until the 1990s,” he said.

Prophet Bushiri accused of running a cult in South Africa

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PRETORIA-(MaraviPost)-They prostrated themselves on the tarmac, tears streaming down their faces, their hands in the air, chanting, proclaiming, begging and pleading.

“I want my daddy,” one congregant cried out. “I am here to fight for my father, Major 1, who rose my father from death,” declared another outside the Specialised Commercial Crimes Court in Pretoria last Friday.

To outsiders, the mass outpouring of support for self-proclaimed prophet Shepherd Bushiri (35) from followers of the Enlightened Christian Gathering appeared fanatical.

After all, he and his wife Mary had been arrested on charges of fraud, money laundering and contravening the Prevention of Organised Crime Act.

Last week, many people labelled the church a cult. But is it?

Eugene Botha, a specialist in theology and religion, says: “A cult is a countercultural or religious institution that lays claim to having a special knowledge that normal culture or religion does not. They find that current culture or religion is flawed and so create this alternative reality that they understand the world through. Often, the leader will claim that they are directly connected to God or, in some instances, that they are Jesus himself.”

Botha, a former professor of theology and religious studies, says it is this connection Bushiri’s followers yearn for, but the Enlightened Christian Gathering is not, he says, a full-blown cult.

“In a cult, adherents are supposed to extract themselves completely from society and normal life. It becomes a new family for them. Bushiri doesn’t command a full-blown cult because his drive is not just religion, but making money,” he says.

“Also, he doesn’t live with his followers. In real cults, leaders create their own communities that pit themselves against the rest of the world.”

In an article in the Stellenbosch Theological Journal in 2012, titled The risk of overestimating and underestimating “religious cults” in South Africa, expert Stephanus Pretorius expanded on the criteria used to classify cults.

“Members display excessively zealous and unquestioning commitment to its leader. The leader’s belief system, ideology and practices are viewed as the truth; as law. No questioning of doctrine or doubt is tolerated and dissent is discouraged or even punished,” he says.

“The group displays an elite mentality. This means that it claims a special, exalted status for itself, its leaders and members.”

However, classifying a group can be difficult. Pretorius warns against labelling a group as a cult simply because the interpersonal influence of the leader is “harmful”.

“It is understandable that relatives or friends affected by a loved one’s involvement in a particular group are at times desperate to protect them against harmful activities. The question that needs to be asked is whether the person is in a life-threatening situation. If not, a cautious and informed approach is advisable,” Pretorius says.

One of the hallmarks of a cult leader, Botha says, is that they often consider themselves “prophets”.

“Say, for example, that President Cyril Ramaphosa wins a nomination as ANC president during the week. That Sunday, the leader will say that they had predicted that last Sunday. So they create their own ‘miracles’,” he says.

“Also, there needs to be some aspect of healing – this is when you hear testimonies from congregants that they believe their leader healed them. This is one of the techniques they use to create a following.”

Added to this, their lifestyle and wealth is displayed to signify God’s blessing upon them.

“Life is tough. People go for things that give them hope and are sometimes exploited. It happens all over the world,” Botha says.

However, the line between a “normal” religious group and a cult is sometimes blurry.

“In a proper Christian religion, the leader does not posit himself as a conduit to God. Adherents are not expected to change their lives completely to follow their leader or isolate themselves from society. I think Bushiri may have created an opportunistic cult, but not a full-on religious cult,” he says.

Prophet Bushiri has always denied the claims that his miracles are from the devil but the living God.

The man of God has insisted that due to his success in business, others have created so many fake stories to frustrate his ministry.

Currently is being dragged to court for money laundering with also recent reports that Bushiri impregnated a wife to former Zimbabwe deputy minister Mukupe.

United Nations condemns Sangwa’s suspension

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The United Nations has lambasted the Zambian government for the suspension of Constitutional Lawyer John Sangwa saying basic principles were violated, reports Zambian Eye Correspondent.

This follows an outcry from many quarters over how the state handled the matter. The Judiciary has barred Sangwa from appearing on any court in Zambia accusing him of having issued disrespectable remarks against Judges during his Television discussion program.

The UN Special Rapporteur on the Independence of Judges & Lawyers, Diego García-Sayán, condemned the suspension.

“I strongly condemn blatant violations of human rights against Mr John Sangwa. Lawyers must be independent and preserve his lawyer’s professional and intellectual independence with regard to the courts and professional colleagues,” he said.

Meanwhile, the American Bar Association Center for Human Rights (ABA justice defenders) says a hearing should have been carried out to determine the lawyer’s fate.
“Suspension of Zambia lawyer John Sangwa without a hearing raises serious due process and freedom of expression concerns,” says the defenders for justice.

Sangwa has been a strong critic of the proposed constitutional amendment especially Bill number 10. He has also publicly stated that incumbent President Edgar Lungu does not qualify to run in 2021 polls because he has already twice elected as provided by the Constitution.

“The UN Basic Principles on Lawyers stipulates that lawyers like other citizens are entitled to freedom of expression and to take part in matters of public interest. International standards also provide that only in exceptional circumstances must a lawyer be immediately suspended,” says ABA.

Sangwa was suspended for alleged misconduct. “This serves to inform all the Hon. Addressees that by the direction of the Judiciary Mr John Sangwa S.C, an advocate practising under the firm of Simeza, Sangwa and Associates will not longer be allowed to appear before any court in Zambia until further notice.

“This action has been taken following a complaint of professional misconduct made by the judiciary to the Law Society of Zambia against the said Mr Sangwa, SC,” reads the letter signed by Boniface Mwiinga, acting registrar and director of court operations.
Meanwhile, section 29 on disciplinary powers of Court or judge apart from inquiry by disciplinary committee states that:

“Nothing in this Act contained shall supersede, lessen or interfere with the powers vested in the Chief Justice or any of the Judges of the Court to deal with the misconduct or offences by practitioners.”

A rare glimpse in the mind and thoughts of Zambian soccer Icon Kalusha Bwalya

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A rare glimpse in the mind and thoughts of Zambian soccer Icon Kalusha Bwalya

…reads like a chapter in a great autobiography

“Nobody prepares you for what you will face in the Professional World of Football. Nobody warns you of the ugly side, the side that nobody in Africa cautioned me (Kalu) about.”

I started my professional football career in Belgium in late 1985. From the modest township of Mufulira in Zambia, to the sophisticated streets of Brugge, ‘the Venice of the North’.

I had achieved a lot in the Zambian League with my Team Mufulira Wanderers. I was awarded Zambian Footballer of the Year 1984 and my National Team career was blossoming. The offer to go to Europe to ply my trade was like a dream come true. I felt privileged to have been given a chance to prove myself on the European stage.
I was strong, self confident and determined to succeed.

*Back in those days, black people were rare in Brugge. In fact, there were only three black players coming out of two premier league teams Cercle Brugge and Club Brugge.*
There were times at training when one of my team mates would ‘swear’ they had seen me in town that day. When I told them that I had not left my ‘foster’ parents home the whole day, they would shrug it off by saying *“you all (black people) look alike”* At first, it used to get me upset, but later on I learnt to laugh about it.

To get to training I used to need to take 2 buses and then walk about 150 metres to the grounds, even in the harshest of weather conditions. Initially all the players driving to training would drive past without as much as a hoot. As I started to make more impact on the ‘training pitch’ and challenging for a starting place in the team, they would stop and offer me a lift. I never accepted a lift and continued walking until I bought my own car. I conquered these examples of belittlement by strengthening my determination to prove to all that I could rise above these minor obstacles and prove my worth as an equal to them.

When I was finally in the 1st team, I got the shock of my life when I was booed by the opposition fans during the warm-up session. This was something I had never ever experienced before. The opposition fans hostility sometimes continued the entire match.

Through concentration and sheer determination I started ignoring it.

The chants and slurs were part of the game in the late 80’s and as I began to make a name for myself in the League, I paid less and less attention to it. This, coupled with resolve and fortitude allowed my mind to shut all of it out. All I wanted was to be respected for my skill not insulted for the colour of my skin. It just made me more resolute to succeed.

It needs to be known that to make it as a professional footballer does not happen by luck and talent alone. It takes ongoing strenuous practice, extreme discipline, unflinching determination, untold sacrifice, laser sharp focus and dedicated commitment. Players deserve to be respected for this.
It has always been a sad state of affairs when a minority try to influence the majority. The racist slants in stands have always come from a small portion of the crowd. A small portion so intent on their team winning they would do anything to see the opposition losing, even to stoop so low as to try and degrade them. Find a difference they can pick at and take it to the extreme.

I am not sure if walking off the pitch as a reaction to this; as was the case with Prince Boateng of AC Milan recently; achieves anything but victory for the offending party.
Many Football players have been victims at one time or the other. Uncivilised gestures, monkey noises and booing sounds to mention but a few have been experienced, but players need to soldier on. We are all trying to make in life in our respective fields.

Most fans across the World attend football games to enjoy the match and encourage their teams. The love outweighs the hate.

FIFA have made their position very clear in article 3 of their statutes, ‘Discrimination of any kind against a country, private person or group of people on account of ethnic origin, gender, language, religion, politics or any other reason is strictly prohibited and punishable by suspension or expulsion’

My opinion is to try and eradicate this scourge, the authorities need to try and manage it better. The onus should be on the clubs and National football associations to empower their safety personnel to identify the offenders and act swiftly to remove them from the stadium. They need to be named and shamed and banned from ever attending another game. In so doing they would think twice before shouting obscenities. If this cannot be done then we need to resort to hitting where it hurts most, by deductinvg points. I will support such a cause.

Discrimination is alive in our society unfortunately, practiced by a minority of people convinced that they are superior by one virtue or another. However, it does not mean we have to tolerate it. We, as the majority need to kick it out. It is a rare disease that needs to be wiped out. As players we need to stand tall and be strong, be immune to such pettiness. As fans we need to expose the perpetrators and stop them from infecting others with this disease.

Football is meant to conquer discrimination and adhere to the notion of fair play. Here we are in 2013, 28 years after by European debut, still talking about this scourge. How can we still call it the beautiful game?

SOURCE: Kalusha Bwalya @March 2020

#KalushaBwalya

Take Spax To Court On Monday, Orders Lusaka High Court

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The Lusaka High Court has ordered the Zambia Police Service to avail Chingola businessman Kabaso Mulenga, popularly known as Spax, before court on Monday following his application for habeas corpus.

Spax has sued the Attorney General in the Lusaka High Court, seeking leave to issue a habeas corpus directed at the police to either release him or take him to court because he has been in custody since February 26, 2020 without charge or being taken to court.

High Court judge Wilfred Muma has ordered that Spax be taken to court on Monday and that the position is such that the State should have complied with the demands sought in the writ of habeas corpus.

He said that there was no
requirement for the State to acquire instructions as the order to take Spax to court is inherent in the writ.

Last week Friday, Spax applied for habeas corpus, saying since his arrest, he has only been warned and cautioned on suspicion of murder of a Mr. Emmanuel Mapunda Chibwe by officers from crime one police where he was also advised that he was being investigated in relation to a case of murder and use of military combat without authority.

He has alleged that the police are vindictive and abusing their powers by declining to release him or charge him or taking him before a competent court because from the time of his arrest, he has not been charged or taken to court.

“My continued detention without being charged is not only unjustifiable but also unlawful as it is unconstitutional in that fundamental and connotational guaranteed rights to freedom and liberty are being blatantly violated and unfairly prejudiced,” he submitted.

When the case came up before judge Muma today, Spax was, however, not before court and the judge wondered why he was not taken.

State advocate, Mr. D. Mwewa then informed the court that the State was served with the writ on March 11, 2020 by Spax’s lawyers and they immediately sought instructions from the client which they are yet to obtain and asked for an adjournment.

Mwewa said because Thursday was a public holiday, this caused the delay in obtaining instructions but noted that the State was alive to the fact that Spax’s application was urgent.

But Spax’s lawyers Iven Mulenga and a Mr. J. Sinkala, objected to the
State’s application, saying it was their considered view that before Mwewa could make an application, it must be established if the
State had complied with the order of the Honorable Court to have Spax availed.

But Mwewa said he did not have instructions and has since
written to his client, the Ministry of Home Affairs, the reason why he has sought the shortest adjournment.

Ruling on the application for an adjournment, judge Muma agreed with Spax’s lawyers that he needed to be availed in court but granted the adjournment to Monday and urged the State to comply with the demands sought in the writ of habeas corpus.

Tutwa Ngulube calls on LAZ to suspend Constitutional lawyer John Sangwa

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A Lawyer has called on the Law Association of Zambia to suspend Constitutional lawyer John Sangwa for allegedly pouring scorn on the Constitutional court judges.

Mr. Tutwa Ngulube said that the association should send a strong message on the need for lawyers and all affected parties to respect decisions of the Judges.

Mr. Ngulube’s comments come in the wake of the Judiciary’s decision to bar Mr. Sangwa from appearing before any court while his matter is being considered by the Law Association of Zambia.

He has also proposed that the government should consider stripping Mr. Sangwa of the status of State Counsel.

Mr. Ngulube’s comment follows LAZ’s decision to condemn the stance that Mr. Sangwa has taken after losing a case where he had questioned President Lungu’s eligibility for 2021.

Last week the Judiciary banned Mr. Sangwa from appearing before any court in Zambia pending determination of his case by LAZ.

Meanwhile, PF Deputy Media Director Antonio Mwanza has welcomed the decision by LAZ to condemn the utterances of Mr. Sangwa against Constitutional Court Judges.

Mr. Mwanza said that LAZ should not allow any of its members to ridicule Judges for cheap political mileage, saying that the decision of the Constitutional Court is final and is now part of the Zambian law.

The PF Leadership in North-Western Province has welcomed the decision by the Judiciary to ban Lusaka Lawyer John Sangwa from appearing before any court in Zambia.

And Provincial Chairperson Jackson Kungo said Mr. Sangwa should not be allowed to appear before the people that he is allegedly disrespecting in public.

Mr. Kungo said that it was surprising that when the Constitutional Court ruled that Ministers who remained in the office should pay back the salaries they obtained, Mr. Sangwa and his friends did not call the Judges names, and that Mr. Sangwa is a bad loser who does not want to accept that he lost a case in which the Constitutional Court ruled that President Edgar Lungu is eligible to stand in 2021.

Mr. Kungo further said that it is sad that some people who are scared of President Lungu have resorted to all sorts of tactics to distract the PF from focusing on important national issues.

And New Congress Party President Peter Chanda has commended the Judiciary for banning Lusaka Lawyer John Sangwa from appearing in court in Zambia.

Pastor Chanda said that the move is commendable because the country’s institutions must be respected and that Mr. Sangwa cannot continue disregarding the court Judgement to the extent of attacking individual judges.

Mealie Meal Shortages: Purely Artificial And Man Made – Lusambo

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By Hon. Bowman Chilosha Lusambo

MEALIE MEAL SHORTAGES: PURELY ARTIFICIAL AND MAN MADE

We conducted a very successful operation to ascertain the root cause of this mealie meal supply problem in Lusaka.

We started our tour at Shoprite Kafue Road outlet and we ended up visiting Shoprite SoS and we intercepted a number of young boys who have been engaged by unscrupulous businessmen to buy the commodity in bulk from Shoprite after which they are selling at exorbitant prices in our compounds.

As part of our operation, these boys led us to one of the business persons involved in this illegal trade. From our investigations, we can report that this shortage of mealie meal is artificially induced and purely man made by criminal elements bent on tarnishing the good name of His Excellency President Edgar Chagwa Lungu. I have since engaged the Provincial Chairman to work with our party structures across the province and I will also be involving our District Commissioners to ensuring that this illicit activities is brought to an end.

As Lusaka Province Minister, I will not sit with folded arms and watch President Lungu’s name be tarnished by greedy business people.

Nemo Judex In Causa Sua: From Savenda V Stanbic To John Sangwa, The People’s Lawyer

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NEMO JUDEX IN CAUSA SUA: FROM SAVENDA v STANBIC TO JOHN SANGWA, THE PEOPLE’S LAWYER

“Nemo judex in causa sua” (no-one is judge in his own cause). The universality and applicability of this principle of natural justice is beyond challenge in any progressive society of human beings who are in the land of the living. No one can ever reasonably sit as judge in a case in which he has an interest. It is repeatedly submitted in all jurisdictions that, “justice must not only be done, but must be seen to be done”.

Any proceedings, anywhere in the world, in which a court or tribunal sits to hear its own case as prosecutors and judges, must be stopped. If such proceedings were not stopped and judgment got delivered, then such a judgment must be rendered invalid. It ought to be quashed or remitted for an impartial re-hearing. This standard of justice was long established in 1544.

We, in the United Progressive People (UPP), are in shock, but not surprised, that after close to 60 years of Zambia’s political independence, our justice system still begs for reform. The current generation is paying the price of the biggest scandal of all times – Zambia does not have a Constitution. We don’t know how well we shall explain this to the citizens of Zambia.

UPP has for years been working very hard, within the limits of its resource envelope, to reawaken the consciousness of all Zambians across tribe and race to the reality that what we have been referring to as “The Constitution of Zambia” is NOT a constitution. What we have is Schedule Two of an Order in Council, which order was issued as a subsidiary legislation by the Queen of England pursuant to the provisions of the Zambia Independence Act, Section 65 of the Laws of England.

Like all other former British colonies, our nation should have immediately after the proclamation of independence sat in a Constituent Assembly to craft and enact the Supreme Charter of the Land to put 100% a legal break to all the archaic colonial statues that still have an effect of law in our land.

Since when did it become illegal or contempt of Court for citizens in democratic society to discuss court rulings? Political parties, Churches, professional bodies, academicians, and the general populace are at liberty, in the enjoyment of free speech, to discuss matters of the judiciary, executive and legislature that affect their lives.

We, in the UPP, knew it that after the Savenda v Stanbic case, there are similar situations that will arise and more Zambians will pay the price. Courts shall continue to be abused by the appointing authority (the President) to settle political scores. These things have not started today, but we have continued to entertain such as normal.

The Chewas say, “chili pa muzhako chapita, mawa chili paiwe” (what affects your friend today will also affect you tomorrow). Yesterday it was Derrick Sinjela and Gregory Chifire, today it’s John Sangwa tomorrow it will be on you.

The media report that the distinguished Most Learned John Sangwa, SC, has been barred from appearing before any Court in Zambia must be followed by all of us, especially the youth across Zambia, with interest. What crime has the Most Learned John Sangwa, SC done to be barred? We wait to know the reasons.

To the youth of Zambia: take note that the next elections in 2021 will be about you! Nothing for the youth without the youth! #Calo #Cesu!

It’s time to arise from our caves to end all forms of tinpot dictatorship. Zambia for ALL of us and NOT for a few LOOTERS at the top!

#NoThirdTerm! #GoBack!

Saviour Chishimba
UPP PRESIDENT

#VOTE on the staff #Pankonto! for No PAYE; No Sales Tax; No Market & TV levies; No tolls on Public Roads; Land redistribution & houses for all Zambians.

#Kululazambia!
#OrganisingForChange!

Stop Threatening Striking Workers; Just Pay Them -UPND

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PRESS STATEMENT

15th March 2020

STOP THREATENING STRIKING WORKERS; JUST PAY THEM.

They say, if shouting is your way of talking then use sign language, if threats are the way of PF solving labour disputes, they better try dialog. Agreed, strikes are counterproductive and that’s why we as UPND are for dialog. Yes, there has never been a legal strike in Zambia because of the cumbersome procedure to have one. However, strikes come about when workers feel so grieved and have no solution to their grievances. The only way left to reach out to authorities is to withdraw labour.

Why is PF failing to understand basic principles of good Industrial Relations? Whenever there is a strike as management you need to identify the reason(s) causing that and who is inciting others. Even you as PF you need answers to these questions before taking any disciplinary action against your workers. However in the case of the recent strikes by public workers the answers to these questions are very clear. Workers are striking because you PF have failed to pay them for months now. It’s also very clear that you PF are the ones inciting workers to go on strike.

How come now that you the same PF regime is threatening to fire these workers when all you need is to find money and pay them? Forcing workers with such grievances to report for work is worse than such workers staying away from work. These workers are very demotivated and as such cannot be productive. You’ll only be sending unproductive bodies for work. Remember, you can force a horse to the river but you cannot force it to drink water. A demotivated worker is very dangerous as he may even engage in acts of sabotage.

Surely, Ba PF how do you expect these workers to report for work when they cannot even afford transport to and from work? Are these sub human beings who can survive without food both at home and work? Can you be a motivated Minister who walks on foot to and from home to office and later Parliament? Can you continue reporting for work on an empty stomach, and leaving your entire family starving?

Is it not that you are always full and driven in expensive GX that’s why you have the energy to threaten others with dismissals if they don’t behave like slaves? These workers are human beings like you, just find money and pay them. Don’t push them too far, its only next year that you’ll be begging for votes from them. Continue treating workers like slaves, next year they will surely teach you a lesson. No worker will go without pay under HH/ UPND Government.

Percy Chanda

UPND – Chairman for Mines and Freedom Fighter

We’ve walked a long distance, we’re close to our destination – HH charms party youths

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UPND leader Hakainde Hichilema charmed hundreds of animated party youths, with a message that: “we are close to our destination.”

The youths gathered at the UPND secretariat in Lusaka on Thursday, soon after a march past in commemoration of Youth Day and Hichilema addressed them.

Hichilema said he and other senior leaders in the UPND shared the pain of the youth and the rest of citizens.
Hichilema said the three principles that catapulted the PF into government in 2011 have all collapsed.

“I want you to know that we are close to our destination. We have walked a long distance but we are very close and this is the time you must work even harder. You must not lose hope because help is on the way!” Hichilema said.

“We have a duty to campaign, to register to get NRCs, to get voters’ cards and on the voting day to vote so that we can win big so that bakabwalala bakangiwe kuba ma vote (so that thieves fail to steal the vote). After voting, this time around, I’m giving you instructions ahead; protect your vote at all costs. Wamene azaba ma vote nizake izo (to them who will resort to stealing the vote, will do so at their peril). We must take over Lusaka, we must take over Copperbelt.”

He told today’s youth and the women to be as radical, in thought and action, like Julia Chikamoneka “who was able to demonstrate alone for independence.”

“Nothing should stand in our way so that we can liberate this country. When we cross the River Jordan, and I have seen the banks…we are going to cross the River Jordan. We know where we are going; we can see Canaan there,” Hichilema said to a cheering audience.

“My job, when you have delivered…. Don’t say ‘HH, protect your vote.’ It is you to protect our vote. When we cross the bridge, which is soon, our job as the economic team is to turn around the economy to send every child of Zambia to school, even if that child is an orphan.”

He reminded youths to recruit more members into the UPND and cautioned against intraparty bickering.
“I’m proud of your commitment,” Hichilema said.

“Zambian youths, UPND youths, I know that the country has been destroyed. I know that children are not going to school, I know that you don’t have jobs, I know that mealie-meal is scarce, I know that homes are overwhelmed with hardships. I want you to know that we share your pain. I as HH and the leaders of this party, share the pain of the people of Zambia. We share the pain of the youth because they are the future of this country.”

Hichilema further emphasised that when he is sworn-in, in the morning, as Republican President, “there will be law and order that afternoon.”

“That afternoon the kwacha will appreciate against the dollar, that afternoon any citizen can go to a bus stop and no one will beat them. You can go to a market wearing any party regalia and no one will beat you. My job is to bring law and order, not this confusion we are seeing under PF,” he explained.

“There is confusion, there is disorder because there is a shortage of leadership. You are worried about the shortage of mealie-meal [but] my worry is that there is a shortage of leadership in PF. You do your job; get NRCs, register as voters, turn out to vote, protect your vote until we are sworn-in and then my job will start – to deliver you to Canaan.”

He also reiterated that there could be no argument anymore about the failure of the PF to deliver to Zambians’ satisfaction.

“The three principles the PF campaigned on have all collapsed. They said ‘more money in the pocket’ [but] there is no money in the pocket, they said ‘more jobs’ but there are no jobs and they said that taxes will be lower but taxes are higher,” observed Hichilema.

“As a country we all agree that PF has failed and there is only one party that can take Zambia forward and that’s the UPND – my party, your party, our party, the party for the people of Zambia.”

LUNGU KWAMANA BADAALA ..he cannot run again; let’s be very clear – KBF

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LUSAKA lawyer and PF presidential hopeful Kelvin Fube Bwalya says those in the ruling party can go to the apex of Mount Everest and sing ‘sole candidate, sole candidate’, in support of President Edgar Lungu, but makes a caution that he’s not eligible for 2021.

Bwalya is popularly known as KBF.

The caution is that: “the PF should avoid finding itself in a catch-22 situation where you can elect a president under the PF constitution who automatically becomes a republican presidential candidate but can’t stand because the Constitution will bars him.”

“That’s a catch-22. Why do you (President Lungu) want to get into that? Why do you want to go to the convention when you know the Republican Constitution will tell you ‘no, bwana you cannot?’ Why put the party into that inconvenience? Why?” Bwalya wondered when he featured on a special interview programme on Prime TV on Thursday night. “You can sing all you want, at the top of the mountain…. Go to mountain Everest and sing ‘sole candidate, sole candidate’ 20 times, a hundred times, the rule of law is what we are discussing – respect the Constitution. I’m still pleading; I do know that the Patriotic Front possesses internal mechanisms and I know that when tabled and argued in a proper, calm manner, this matter will be resolved.”

Bwalya profusely explained that President Lungu was not eligible to contest next year’s elections.

He said a President was allowed, by the Constitution, to rule for two terms of five years each.

Bwalya, however, noted that it was not mandatory that one must serve those five years in full.

“You cannot argue that the President (Lungu) did not hold office as I have heard some people arguing. The Constitution is a practical document – it speaks life into the nation… He cannot say that he has not been elected twice; he has. Therefore, he is caught by Article 106 (3). He cannot run again; let’s be very clear,” Bwalya explained.

“People have been saying ‘but the Constitutional Court said…’ No! The life of the presidency as an institution has always been attached to the life of Parliament. Parliament has power to prolong its life but in special circumstances, for instance, if there is a war. Once you are elected twice, kwamana badaala (it’s finished, old man).”

To the best of his ability, Bwalya does not believe that: “my older brother, my President, Edgar Chagwa Lungu, will impose himself on the people if he feels that he might not go in line with the Constitution, let alone just the embarrassment of having to be disqualified under a Constitutional Court decision.”

“It is unnecessary; he has done his best. We are not short of leaders in this country. It is best to just step aside and I have made this pronouncement to the Patriotic Front in very clear, humble terms. Step aside, ba President – you’ve done your best…” he noted.

On rule of law in Zambia, Bwalya, a one-time PF elections committee deputy chairman, said the best Constitution in the world would count for nothing, as long as the players who were running office did not respect that Constitution and the other laws that that Constitution bred.

“Once you have laws, respect the laws. Once the rule of law breaks down, the economy automatically suffers. Why? Because one of the pillars of economic development is that the rule of law gives confidence to investors – local and foreign investors. Once you are in political office, you are the torchbearer to the economy of the country, more so if you are vying for the highest office in the land,” he said, stressing that the kind of people elected to political office must be those who think and respect the Constitution.

“One of the biggest cornerstones of the rule of law is that you need a disciplined, committed leadership that will follow the rule of law. Once that is not there, in terms of character of the person running a country, you have a problem.”

Bwalya pointed out that without the aspect of the rule of law, “no investor or the IMF would listen to you.”

“You can go to the IMF [International Monetary Fund] on your knees and tell them ‘our people are suffering, we have mealie-meal shortages’, they will tell you ‘ah, but there are corrupt people in your government, but you are not following this; how do we help you?’ That is a very big litmus test that we are failing as a nation,” he said.

“So, governance for me, within one year, you must turn it around. There is no question about that; anybody who is going to be undisciplined, fire them. First of all, before you even pick them to become part of your Cabinet, scrutinise them. Mu cibemba tutila amano ayamfumu nibakabyo (in IciBemba we say a chief’s wisdom is dependent on his company). You cannot be a good leader when you have bad advisors!”

Asked if that was the case with the current government, Bwalya told the interviewer, Alexander Musokotwane: “do you live in Zambia, Mr Musokotwane? If you do, you know what I’m talking about.”

“We should not fear brains! You discard people with brains and you bring around you people who are seemingly not going to add value to you. What impression are you giving to the outside world?” Bwalya wondered.

About current policing in the country, in relation to the rule of law, Bwalya explained that the Zambia Police was a very vital department to enforce the rule of law and maintain law and order and good governance.

He, however, indicated that it was ill-fated that the Zambia Police were ill-funded and that training of officers had not changed, from colonial days.

“Sometimes you must move with the times! In the colonial days, the police force was used as a mobile unit to curb riots. Part of the training today at Lilayi still is about curbing riots! When you have got democracy, people are supposed to express themselves, they are supposed to be free…” he noted. “When you have a policeman who is trained and he feels that the only way he can enforce the rule of law is by beating people, you have a problem. Over-interference in the police and abusing the police to do political issues, instead of doing a professional policing job is another problem. The police need to be reviewed, in terms of its training. It needs to be re-educated, re-trained and all the syllabus at Lilayi must change to conform to the democratic dispensation that we have accepted politically. We cannot be teaching the police 1965 tactics today and expect them to enforce the law on people in 2020. It doesn’t make sense!”

Bwalya also said when the citizens don’t trust the police, there is a clash because: “the police have got guns and sometimes live bullets.”

“The gassing itself, [we had] 46 deaths but we don’t know the number of people who were shot by the police. That’s the kind of policing we don’t want,” noted Bwalya.

Kaizer Zulu disputes K2.4m compensation sought by Lindgurst driver

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Kaizer Zulu says the K2,500,000 being claimed by a driver of Lyndhurst School Joe Tembo as compensation for pain is irregular as he has not shown how he arrived at the said amount.

Zulu says he cannot defend himself in the matter not until Tembo explains how he arrived at the sum.

In this matter, Zulu has been sued in the Lusaka High Court by Tembo whom he allegedly assaulted when their vehicles collided in Lusaka’s Ibex hill area while he was picking up school children.

Tembo is demanding K3,054,000 as damages.

He wants K554,000 as special damages, and K2,500, 000 as compensation for pain.

He is also seeking damages for torture, anguish and embarrassment resulting from the assault and battery by Zulu and interest on all sums, costs and any other reliefs that the court might deem fit.

In his statement of claim, Tembo said on November 19, 2019, whilst he was driving a Toyota Hiace mini bus picking school children in Ibex Hill, Zulu’s vehicle, a Toyota Land Cruiser rammed into the bus he was driving before it rested in a drain on Twin Palm road.

He said that on his way to 2nd Street in Ibex Hill, he was about to turn into Avic road and did indicate to motorists who were following him that he was about to turn and waited for an oncoming vehicle to pass.

“When the oncoming vehicle drove past the plaintiff’s bus, the plaintiff started turning into Avic Road and whilst turning, he heard a loud bang on the bus he was driving and he saw a Toyota Land Cruiser which hit the bus in the drainage along Twin Palm road,” Tembo said.

The plaintiff narrated that when he got off the vehicle to check if everyone was okay, he saw Zulu, who was seated in the driver’s seat and on a phone call, raise his thumb to signal to him that he was okay.

Tembo said that 20 minutes later, he saw two motor vehicles which were occupied by huge men, who arrived at the accident scene and Zulu came out of his vehicle.

He said that Zulu asked the onlookers at the scene who the driver of the bus was and when he told him that he was the driver of the school bus, Zulu brandished a gun and pointed it at him and ordered his allies who arrived at the scene to beat him up on the premise that he wanted to cause his (Zulu) death.

Tembo said that Zulu ordered the thugs to rough him up and clobber him.

He said some military personnel arrived at the scene and questioned why he (Tembo) was being lynched but Zulu showed them his ID and they drove away.

Tembo stated that the cadres continued beating him up and Zulu kicked him on the chin and he started bleeding from his nose and mouth after which he collapsed and became unconscious and was only awaken by a doctor at University Teaching Hospital (UTH).

But Zulu in an Affidavit in support of summons to set aside writ of summons for irregularity said that a quick perusal of the said writ of summons contains claims for liquidated damages of K2,500,000 being compensation for pain when the said damages ought to be assessed by the court after trial and only if he was found liable.

Zulu said the said claim of K2,500,000 was irregular and offends the rules of court in so far as the pleadings were concerned when dealing with unliquidated damages which could only be assessed by the court after trial.

“The defendant is unable to provide any defence when the plaintiff does not state how he arrived at the said amount without assessment of the court,” Zulu stated,

He said he tried to get clarification from Tembo’s advocates on how the amount was assessed as compensation for pain but the complainant failed to respond to the request.

“The originating process is irregular and an abuse of court process and should be set aside in the interest of Justice.” Said Zulu.

Iris Kaingu Pens A Touching ‘love Letter’ To The Zambian Youths

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IRIS KAINGU PENS A TOUCHING ‘LOVE LETTER’ TO THE ZAMBIAN YOUTHS.. she writes!

“Open Letter to Youth in Zambia

To begin, I would like to say I have given this a lot of thought for a few months now. It’s really disheartening that as a nation we constantly want to focus on negativity, gossip and pulling each other down. The truth is we never celebrate positivity, achievements and above all, Each other.

The stories/agendas that take wind are

– Seer 1 (Andrew) taking his powers back like he even has any powers to give in the first place. We devoted our energy to this as it was a trending topic just so we can be amused by “people’s down fall” – which by the way never happened.

– You take a Mickey out of our First Lady pleading (appealing) to the nation in a crisis. You laugh at a mother’s tears? How do you expect God to bless us?

– You make a mockery of the national day of prayer. We ought to be ashamed of ourselves.

– You entertain yourselves with what Chellah Tukuta does in his private time.

– We are the best makers of memes and auto tunes. If this made us money I would entertain it.

On the Current Government:

Yes it is true that they have not seen through certain things that need to be addressed. We need to understand that the whole world is in a crisis. All economies are affected: But it’s certainly not true that they have not worked. I don’t see people celebrating
– the efforts they are making weekly for the students in China through the Zambian Embassy in China.
– the great road network infrastructure in the capital and beyond
– the management of areas affected by climate change patterns (through the DMMU wing in the office of the Vice President)
– the fact that people called for declaration of a state of emergency but the situation has been managed.
– the many schools and hospitals that have been built. Etcetera!

Point is: it is very important to celebrate wins and come together in unity to see how losses may be managed!!

Zambians we need to change our mind set. It will not be a change of government that will save us!! The truth is even with a change of governors we will still be the same rotten people who constantly complain and never offer solutions!! You each have an area member of parliament- talk to them take them to task! That is what they are elected for, to bring us solutions. We are better with our heads together

I challenge every person who says we need change to comment below: **what we can do differently so that we can make our country great again**

Thank you.”

State fail to present Spax in court

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THE State on Friday failed to avail Chingola Jerabo aligned to the Patriotic Front Baba Kabaso Mulenga popularly known as ‘Spax’ before the High Court for hearing of his application for leave to issue a writ of Habeas Corpus AD Subjiciendum directing the police to either release him or take him to court so that he can be tried on allegations of murder and unauthorised use of uniforms.

In this matter, Mulenga has sued the stated and cited the Attorney General seeking an order that he be released from police custody as he has not been charged with any offence.

When the matter came up for hearing of the Habeas Corpus application, Attorney General Likando Kalaluka sought an adjournment on grounds that the State was served with a writ on March 11, 2020 by Mulenga’s lawyers.

“We immediately sought instructions from our client and we are yet to obtain the same. The court will note that yesterday [Wednesday] was a public holiday and this has caused the delay,” Kalaluka explained.

“We are alive to the fact that this is an urgent application. We are therefore humbly requesting for an adjournment to enable us obtain instructions and defend the interest of the State accordingly.”

But Mulenga’s lawyer Iven Mulenga and J.Sinkala said service of the writ was effected on the officer-in-charge who had custody of Mulenga and does not need instructions because it was the duty of the officer to take the accused to court but the applicant was not before court.

“It is our considered view that before we can consider the application for an adjournment, the court has to be satisfied that the body is before the court. We therefore ask the guidance of the court before we can comment on the application for an adjournment,” he said.

Sinkala added that the nature of the application demands that the body be brought before court and the State has not even addressed the court with the issue of whether the body had been brought.

“The role of counsel was to advise the authority that had the body of the applicant to comply with the order.
It would be incompetent to make an application without the body. We therefore object.” Said Sinkala

In his response, Kalaluka said he did not have instructions as he had written to the Ministry of Home Affairs, hence the application for the shortest possible time.

“Our application is not incompetent as alleged by counsel, we humbly pray that the court considers the application,” said Kalaluka

In his ruling, justice Wilfred Muma said there was no regard or instructions to bring Mulenga before court as the order to bring his body was inherent in the writ.

“Nevertheless, in the interest of justice, I shall grant the application for an adjournment and order hence forth that the State complies with the order to bring the body before court. The matter is adjourned to March 16, 2020,” said justice Muma.

In his affidavit in support of ex-parte summons for grant of leave to issue a writ of Habeas Corpus, Mulenga, who is a businessman and proprietor of Spax mining, said his continued detention without being charged was not only unjustifiable but also unlawful as it was unconstitutional because his fundamental and guaranteed rights to freedom and liberty were being blatantly violated and unfairly prejudiced.

Mulenga contended that on February 26, he was apprehended by police officers in Chingola on the Copperbelt who identified themselves as crime one police officers of police headquarters Lusaka and he was brought to Lusaka the same day and detained at Chelston police station.

The murder suspect said he was detained in cells and no one was allowed to see him neither was he allowed to talk to his lawyers until Saturday February 29, when he was taken to the Chief Investigations Officer’s office for a warn and caution statement for the alleged murder of Emmanuel Chibwe.

Mulenga said officers from crime one advised him that he was being investigated in relation to a case of murder and use of military combat without authority.

He said after warn and caution statement was administered he (Mulenga) was not charged with any offence but he was transferred from Chelston police station to Chilenje police station and later to Ibex Hill police station where has been kept without being charged.

“I have been informed that I cannot be released by the police until further notice as they are still carrying out investigations and that they have not yet formulated the charge and I believe that the state, its servants or agents is vindictive and abusing their powers by declining to release me or charging me and taking me before a competent court because from the time of my arrest and detention [on] February 26, 2020, I have not been charged or presented before a court of law to answer to any charge,” Mulenga lamented.

He claimed that attempts to have the matter brought before court have proved futile as the police insist that he remains in their custody.

He contended that his rights against unlawful detention had been breached and would continue to be infringed and it was only fair and just that a writ of Habeas Corpus AD Subjiciendum be issued to secure his protection under the law.

” In the interim, I strongly believe an order for my release will prevent the high likelihood of any delay by my custodians defeating the due course of justice which should not only be deemed to be done but also seen to be done,” said Mulenga said

Zambia struggling to manage debt- Fitch Ratings

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A significant overshooting of the fiscal deficit in 2019 highlights the Zambian government’s difficulties in reining in debt accumulation, Fitch Ratings says.

Already high debt levels will remain a key vulnerability, even if recently announced measures are effective in slowing the pace of further debt accumulation.

According to a fiscal update from the Minister of Finance, Zambia recorded a preliminary fiscal deficit of 8.2% of GDP in 2019 in the government’s definition, well above the budget target of 6.5%.

Excluding debt amortisation and including arrears accumulation, the deficit was closer to 9% of GDP on a commitment basis.

Government revenues were higher than the government’s target, boosted by higher than expected inflation and improved revenue collection.

Expenditures exceeded the 2019 budget by approximately 9%, reflecting higher interest payments, which were 1% of GDP above target due to the currency’s sharp depreciation, and by capital expenditures and subsidies.

Fitch affirmed Zambia’s ‘CCC’ rating in December 2019, noting the high and rising government debt in the context of an ambitious capital expenditure programme.

Fitch’s forecasts assume that debt will peak in 2020, but remain at a level that keeps the government’s external financing requirements high relative to official FX reserves.

The ‘CCC’ rating is indicative of Fitch’s view that Zambia faces a heightened probability of default.

An increase in international reserve coverage or a fiscal adjustment that increase refinancing options could lead Fitch to take positive rating action.

Zambia’s 2020 Budget, approved in September 2019, called for narrowing the fiscal deficit to 5.5% of GDP.

However, the government’s inability to meet spending targets in 2019 highlights how difficult it will be to achieve any substantial narrowing of the deficit in 2020.

In late December, the cabinet approved measures to slow the contraction of new external project loans and cancel or reduce undisbursed external loans that had already been contracted.

If implemented, these measures could reduce the stock of undisbursed loans by USD5 billion, or 21.5% of GDP, and slow the accumulation of new debt.

However, similar, albeit less specific, commitments under the previous finance minister had not led to significant progress in reducing deficits or debt accumulation.

As a result, we are also sceptical about progress on an IMF programme, although the government will hold further discussions with the IMF in March and April.

In addition to a credible plan for reducing deficits, the IMF may insist on a debt re-structuring.

In his recent remarks, the Minister of Finance also mentioned that the government is seeking debt re-profiling, pending a review of legal implications.

Persistent fiscal deficits increased general government debt to 88% of GDP in 2019, from 32% in 2014.

External public debt was US11.1 billion (54% of GDP). Zambia faces approximately USD1.5 billion in external debt servicing (105% of current international reserves) in 2020.

While the government is likely to manage its 2020 debt servicing requirements, Eurobond repayments of USD750 million in September 2022 and USD1 billion in April 2024 will lead to a surge in external debt servicing in these years.

Meanwhile, the external position fared better than expected, as gross international reserves ended 2019 at USD1.4 billion, unchanged from end-2018.

The reserves position was helped by the turn of the current account to a surplus of about 1% of GDP.

Zambia’s current account last was in surplus in 2014, prior to the collapse in copper prices.

We’re close to forming govt, predicts HH

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UPND president Hakainde Hichilema says the party is close to reaching its destination of forming government next year because the PF had lamentably failed to deliver on its campaign promises.

And Hichilema says it is clear that those who accused the UPND of being gassing masterminds were the ones involved in the illegal acts.

Speaking to UPND youths at the party secretariat in Lusaka, Thursday, Hichilema said the UPND had walked a long distance and were now close to their destination and within reach of forming government in 2021.

“As a country, we all agree that PF has failed. They said, ‘more money in the pockets,’ there is no money in the pockets; they said, ‘more jobs,’ there are no jobs; they said, ‘taxes will be lower,’ but taxes are higher! Even to drink water, you are taxed; even to go to the toilet, you are taxed. Now, because PF has failed, there is only one party that can take Zambia forward. That is your party, that is my party, that is a party for the people of Zambia. I want you to know that we are close to our destination; we have walked a long distance; we have walked a long distance, but we are there; we are very close! This is the time you should work even harder so that we can liberate the people of Zambia. You must not lose hope because help is on the way,” Hichilema said.

“Nothing should stand in our way so that we can liberate this country. When we cross the river Jordan, and I am seeing the banks, they are there, we are close. Lungu alungusha chalo! My dear friends, youths in Zambia, youths in the UPND I know that the country is destroyed; I know that children are not going to school; I know that you don’t have jobs; I know that mealie meal is nowhere to be seen; I know the sufferings you are going through at home…they are a lot. I want you to know that we share your pain. I, as HH and the leaders of this party, we share your pain. We share the pain for the people of Zambia; we share the pain of the youth because they are the future of this country. We all know that before we used to argue, some people were saying that PF will deliver. We know that the three principles the PF campaigned for have all collapsed!”

He instructed party members to protect their votes at all costs in 2021.

“We have to campaign, to register, to get NRCs and voters’ cards and on the voting day, we vote so that we can win big! And after voting this time round, I am giving you instructions ahead: protect your vote at all costs! Protect your vote at all costs! The one who is going to steal the vote, that is his own problem. We must take over Lusaka, we must take over Copperbelt. The youth of Zambia, the women of Zambia, be like Julia Chikamoneka, who was able to demonstrate her role for independence; we must follow in her footpath; we must work hard as a group; we must work hard as a party; we must work hard as a country,” he urged.

“Don’t say, ‘HH protect our votes,’ HH is only one person; it is you to protect. When we cross the bridge, which is soon my job and our job as an economic team, is to turn around the economy to send every child of Zambia to school, even if that child is an orphan. Education and skills is number one; number two is to give you jobs; I know how to get jobs; number three is to give you businesses.”

Hichilema pledged to restore law and order in the country on the first day he is elected Republican President.

“When we come in the morning we are sworn in, first, there will be law and order that afternoon; then, that afternoon, the kwacha will appreciate against the dollar; that afternoon, any citizen can go to a bus stop and no one will beat them; you can go to the market wearing any party regalia and no one will beat them. My job is to bring law and order, not this confusion we are seeing under PF,” Hichilema said.

“There is confusion and there is disorder because there is a shortage of leadership. You are worried about the shortage of mealie meal? My worry is that there is a shortage of leadership. That is our promise to the people of Zambia, you do your job, register as voters, get NRCs turnout to vote; protect your vote until we are sworn in and then my job is to deliver you to Canaan.”

And Hichilema said it was clear that those who accused the UPND of being the masterminds of the gassing incidents were the ones perpetrating the illegal acts.

“They wanted to accuse us on gassing, but it was them, it is clear, it is known. I want say to say to you, the people who suffered under gassing organized by those people you know; the people who died over police bullets, we want to know because it is clear those people were killed illegally and we want to ensure that we have that information and it can be used at the right time. But our job, right now, is to deliver UPND into government and the rest, leave it to me,” said Hichilema.

“Are you still doubting HH? How can you doubt? When there is no rain, it is HH; if there is no mealie meal, it is HH; then HH is the one who has solutions! You are in a right party; you should be proud of yourselves. Recruit more members, don’t fight against yourselves. I am proud of your commitment.”

Vespers’ father sues State for loss of expectation of life

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FATHER of the late UNZA student Vespers Shimunzhila has sued the State demanding damages for loss of expectation of life to be assessed by the court.

Davison Shimunzhila, who vowed to further seek justice for his daughter’s death after the Coroner established that the cause of death for Vespers was asphyxia due to smoke but no police officer present could be held liable, wants damages for pain and suffering, to be assessed by the court.

Shimunzhila has cited the Attorney General in the matter, seeking damages for loss of future, prospective earnings, punitive damages to be assessed by the court and any other relief that the court might deem necessary and costs.

In his statement of claim, Shimunzhila, who is the administrator of the estate of his late daughter, lamented that the actions of the police were reckless and negligent and were in complete disregard for human decency, human life and respect for the law.

Shimunzhila contended that Vespers was deprived of an opportunity to live a full life and that she suffered pain as a result of the suffocation which was caused by teargas and smoke which resulted from the reckless and negligent actions of the Zambia police service.

He said on October 4, 2018, there was commotion at the University of Zambia Great East Road campus where students were protesting against the delayed payment of meal allowances.

Shimunzhila stated that unidentified police officers entered the university and fired teargas canisters into the student hostels which caused a matress to catch fire and the smoke, combined with the noxious gases from the canisters, made it difficult for one to breathe.

He recalled that Vespers who was in her room whilst other students protested was declared dead on October 5, 2018 and the caused of death was owing to asphyxia caused by carbon monoxide inhalation due to fire.

Shimunzhila added that the verdict in an inquest which was put up to ascertain the cause of his daughter’s death found that teargas fired into the rooms caused or resulted into fire and smoke which led to asphyxia suffered by Vespers.

In an open verdict delivered in October 2019, coroner Silvia Munyinya said the fire which gutted the hostel housing Shimunzhila’s room was ignited by teargas, which was fired into the rooms by the police officers who went to UNZA to maintain calm when the students rioted as they were the only ones who were armed.

Coroner Munyinya said though the officers were behind the incident, it was so difficult to establish the culprit.

She indicated that the specific time at which Vespers took her last breath was not clear because she was alive on October 4, 2018 during the riot when she was searching for keys to the door in an attempt to secure her life by leaving the room.

“I find that the deceased died between 22:00 hours on October 4, 2018 and 04:00 hours on October 5, 2019. She might have died in her room, on the way to the compass clinic or at Levy Mwanawasa hospital,” the coroner said.

“I find that police officers who responded to the riot at UNZA discharged teargas towards the hostel which caused the fire as they were the only ones who were armed. Though it was so, the officers are not known. On whether or not there is someone to charge for her death, it is difficult to point out the particular officer but only police officers were armed.”

The coroner said police officers fired teargas canisters towards the windows with the knowledge that property would be damaged, which left much to be desired.

She noted that there was need to check the conduct of the police during the riot as it was retrogressive.

Coroner Munyinya urged the police to avoid dereliction of duty and conduct investigations seriously and endeavor to maintain law and order in a professional manner.

Shimunzhila is represented by LCK Chambers.

Remove ConCourt judges; they are an incompetent bunch – Sishuwa Sishuwa

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University of Zambia lecturer Dr Sishuwa Sishuwa has called for the removal of all Constitutional Court judges for gross misconduct and incompetence.

Commenting on constitutional lawyer John Sangwa’s observation that President Edgar Lungu dribbled Zambians when he appointed unqualified individuals as Constitutional Court judges, Dr Sishuwa agreed.

He said only individuals who meet the constitutional requirements to serve as a judge on the ConCourt: namely, specialised training or experience in human rights or constitutional law and 15 years’ experience as a legal practitioner, should have been chosen to serve on the court.

“The Constitutional Court has the final say on all matters relating to the interpretation of the Constitution including the election of the President, so those serving on it should be qualified, competent and impartial individuals with an intimate knowledge and understanding of the Constitution. The fact is that if a sitting president is able to both rig an election and control the Constitutional Court, it is hard to see how he or she can ever be voted out of office. In appointing unqualified individuals to the court, Lungu may have reasoned that it represented the best way of preparing for any possible legal challenge to his election and the constitutional battles over his eligibility or qualification to stand again.”

Dr Sishuwa argued that the ConCourt judges misconducted themselves during President Lungu’s eligibility case by abandoning the questions that were specifically asked by the applicants.

“Aside the question of their qualification, the judges have shown on more than one occasion that they are an incompetent bunch. One was in relation to the amateurish way in which they handled the election petition in 2016. The latest is in relation to how they handled Chishimba Kambwili’s legal challenge against the decision of the Speaker of the National Assembly to declare his Roan constituency seat vacant. In this case, both parties are claiming victory, on account of the court’s failure to give an unambiguous judgement. Yet another example of the incompetence of the Constitutional Court relates to how they handled the matter of whether President Lungu is eligible to stand for another term of office at the next election”, he said.

Dr Sishuwa said instead of answering the two questions that were asked by the applicants, the Court “threw away both questions and unilaterally invented a brand new question”.

“To avoid misinterpreting what the Court said, it is worth quoting their remarks at length as captured on page 51 of its 7 December 2018 judgement:

‘We note that although the Applicants argued in their submissions that this matter has been brought pursuant to Article 128(1)(a), which gives this Court jurisdiction to interpret constitutional provisions, the manner the above question has been couched personalises the issue in that it targets the incumbent President as an individual. We do not encourage this trend because the framing of the questions for this Court’s interpretation of constitutional provisions should not target any individual as it is meant for general application as the interpretation is binding on every person in the Republic. What we are dealing with in the present case is the office of the President. We of course understand what the question is or what it ought to have been and what it aims at, namely, the office of the President. The question therefore is or ought to have been framed as follows: Whether in terms of Article 106 (3) and (6), a presidential term of office that ran from 25th January 2015 to 13th September 2016 and straddled two constitutional regimes can or should be considered as a full term’”.

The UNZA academic said both the language used by the court and the justification provided for inventing their own question and discarding the questions raised by the applicants were incriminating.

“There are three fundamental questions that arise from the reasoning of the Constitutional Court. First, from where did the judges draw their understanding of what the “question ought to have been”, outside what the parties to the case submitted? Second, which law or authority gave the court permission to discard or completely throw away the applicants’ specific questions and replace then with the court’s own question? Third, if the Constitutional Court found that the arguments presented by the applicants did not meet the required standard to give them the reliefs sought, based on the specific questions that were brought to the court for determination, why didn’t it dismiss the case? It is a known principle of the law that a court, as a neutral arbiter, should never volunteer anything, be it a question or issue without the knowledge and consent of the parties involved or outside what the parties have presented to the court for determination. The moment a court does that, then it joins one of the contending parties and loses its impartiality. When a judge loses their impartiality, then they lose their authority to be called a judge. Since impartiality is the hallmark of the independence of the judiciary, what the judges of the Constitutional Court did amounts to the highest form of incompetence and gross misconduct. This is a potential ground for their removal from office. The fact that all the six judges of the Court were unanimous in their shocking decision means they are all culpable”, he said.

Dr Sishuwa added that it was wrong for the ConCourt to threaten and intimidate citizens into submission of its judgements using contempt of court powers.

“I note how the Constitutional Court began its judgment on the eligibility case with a warning to potential critics right in the opening paragraph. The Court seems to have been fully conscious of the problematic nature of the judgment they were about to deliver and the likely ruthless criticism it would attract from the public. It therefore sought to insure itself from public accountability and criticism by introducing the judgement with a stern warming to critics. We should remember that this threat from the Constitutional Court came about two weeks after the Supreme Court sentenced a critic, Gregory Chifire, to a shocking six-year-prison term for contempt of court for criticising members of the court after they had passed what was deemed to be a controversial judgement”, he said.

“There is no need for judges to threaten or intimidate citizens, especially those who raise fair comment on their decisions. Article 118 (1) of Zambia’s Constitution provides that “The judicial authority of the Republic derives from the people of Zambia and shall be exercised in a just manner and such exercise shall promote accountability.”