Says no stone will be left unturned in getting to the bottom of the matter, including a commission of inquiry.

By Smart Eagles Reporter.

President of the Republic of Zambia, His Excellency Dr. Edgar Chagwa Lungu says the gassing incidents which also led to mob attacks in the nation not only inflicted physical harm but also applied phychological warfare on citizens, causing constant fear in the communities.

He said he will not rest until the culprits of the inhumane phenomenon which started in Chingola and spread to many parts of the nation and left over 50 people dead and several injured, are brought to book.

He bemoaned the death of the two school boys Frank Mugala(14) and Sydney Moonga (17) who where shot by police in the ensuing confusion.

“The deaths of the two boys and other citizens are incomprehensibly regrettable and my heart goes out to the bereaved families. This is what the enemy achieved in their effort to distablilise our peaceful nation,” he said.

And President Lungu has announced that 26 suspects have so far been arrested and that investigations are still on going.

He was glad to report that the security situation in the nation has generally improved and thanked the men and women in uniform for their gallant efforts to restore order and peace.

“Their work is however not over. As Commander in Chief of the Defence force and Head of State and Government, I want to promise Zambians that the enemies of our people will be crushed and buried,” he said.

“To this effect, am seriously considering constituting a commission of inquiry to get to the bottom of these gassing and mob attacks. Be rest assured that all culprits will be brought to book regardless of their standing in society. The enemy will surely be defeated without doubt and the situation will return to normal for our people sooner than later, “he added.

The President said it had been noted too that the culprits have shifted their focus to rural areas where false information is being given to the public with a view to inciting citizens to rise and cause public disorder .

He thanked the traditional leaders, religious and community leaders, Civil servants and individual citizens who have played a major role in rescuing victims that have almost been lynched by mobs.

He also took time to warn strongly the traditional leaders, church and civic leaders encouraging mob justice stating that the law would soon catch up with them.

President Lungu said this in his address to the nation on the progress made in the application of National Values and Principles which he delivered in Parliament this morning.

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

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

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

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

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

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

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

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

SPEAKER of the National Assembly Patrick Matibini on Tuesday told Choma Central UPND member of parliament Cornelius Mweetwa that he should be the last person to complain about the deteriorating decorum of the House because he does not act any better.

Rising on a point of order, Mweetwa lamented that some PF officials like Community Development Minister Kampamba Mulenga, her labour counterpart Joyce Simukoko and Lusaka Province Minister Bowman Lusambo were damaging the National Assembly’s image with their derogatory running commentaries.

“Mr Speaker, I am rising on a point of order bordering on the decorum and the decency, respectability of this August House. Mr Speaker, my point of order is on the following members of this House and I am naming them in line with what honorable Tutwa Ngulube did to name those who had attended NDF here to preclude the perception that we can’t debate ourselves. Mr Speaker, my point of order is on honorable Joyce Nonde, honorable Mulenga Kampamba, honorable Tutwa Ngulube, honorable [Bowman] Lusambo, for purposes of this point of order but not exclusive to other members. You will agree with me that before 2016 elections, this House was a House of decency. When members stood to debate other members would listen and would go into a discourse of contestation of ideas. Ever since 2016 elections, Mr Speaker, you agree with me that it is very hard for anybody to project a decent debate because members, especially on your right led by these aforesaid would be running defamatory, demeaning, derogatory, unpalatable statements as if to turn this House like a political playground to such an extent that sometimes members are sometimes unable to deliver what they are here to do,” Mweetwa lamented.

“If you did a random perusal of your Hansard, you will find out that you have done more guidance in the last three years than you did between 2011 and 2016 trying to calm PF to be responsible. They have given you too much headache sir and me too! And I am concerned as a member of this House that the decorum of this House is deteriorating and my point of order sir is are these members that I have named, who just joined this House in 2016 in order to come and undermine the decorum of this House? ministers behaving not just like back benchers but like children!”

Speaker Matibini, however, guided him to withdraw the word children and he obliged, replacing it with “young people”.

“I withdraw, behave like young people, maybe at a school playground or drama club when we are in this important House. Are they in order to demean the decorum of this House to these levels where now members of the public when we go out there, they look at this House with low esteem all because of their misconduct. Are they in order Mr Speaker? I need your serious ruling behave the decorum of this House is what keeps this House going,” said Mweetwa.

But Speaker Matibini said Mweetwa’s point of order was shocking.

“I am perturbed by this point of order. Firstly, I think it is unfair and inappropriate to single out those three or four members of parliament, very unfair. The problem of running commentaries is a perennial problem. And ideally, the whips should be in the forefront in checking this particular problem. Secondly, you have raised a point about decorum and dignity, just on Friday, it was, it was on Friday, as recent as Friday. There was some disorder, admittedly and I was trying to manage that disorder for your benefit honorable member of parliament for Choma, for avoidance of doubt. I requested you to sit down and you refused, and by the time I restored order, you had walked out, I don’t know what dignity you added to the House. I don’t know what decorum you added. So honorable member of parliament for Choma, you should be the last person to complain and for the information of the House, there was a point of order raised in connection with your conduct, I reserved my ruling. And this is my ruling now, the matter is being referred to the Privileges Committee,” said Speaker Matibini. -ND

By Sishuwa Sishuwa

On 23 February 2020, Electoral Commission of Zambia (ECZ) chief electoral officer Patrick Nshindano appeared on Sunday Interview, a Zambia National Broadcasting Corporation television programme hosted by Grevazio Zulu every Sunday evening that typically consists of an in-depth, one-on-one 60-minute interview with a prominent guest.

Zambians who had hoped that Nshindano would use the platform to explain how the Commission plans to conduct next year’s general election in a transparent and credible manner were left disappointed. He predicted that the 2021 general election will be ‘a tight race’ and highly contested, just like the 2016 one which saw a minimal margin of results between President Edgar Lungu and opposition United Party for National Development (UPND) leader Hakainde Hichilema.”

“We are coming from a very contested 2016 general election”, Nshindano told his host, “where the margins between the incumbent and the opposition were quite minimal. And now we are getting again to a very highly contested election in 2021”.

To be sure, there is nothing wrong with predicting election results when qualified individuals or institutions undertake the task. It is normal and absolutely harmless for academics working on, say, political parties and elections to forecast the possible outcome of an electoral contest. When the researcher undertakes this task, the important point to note is not the prediction per se, but the reasons or explanations that the person making the prediction advances in support of their prediction. This ‘evidentiary base’ of their position enables other interested researchers or students of electoral politics to either contest the prediction made or even build upon it. So, when one makes a prediction, it is critical to ask them to explain what exactly they mean and why they think that way, in instances where the source of their prediction has not been made available. This would lend credibility to the prediction.

The problem arises when the person or institution making the prediction is an official of a national electoral body, as it creates room for misunderstanding. In this regard, Nshindano’s comments that Zambia’s 2021 elections would be highly contested and a tight race were inappropriate for two main reasons. The first is that they fall outside the established function of the institution that he officially represents – ECZ. The core function of the Electoral Commission of Zambia is to organise, supervise and administer elections in a fair and impartial manner.

It is beyond the constitutional and legal mandate of the Commission to make predictions or to pronounce itself on possible closeness, outcomes or contestation of future electoral contests. The task of making such predictions is a responsibility of researchers working on elections, political analysts, election pollsters, or even the competing political actors who may simply want to embellish their chances of victory. The Commission’s job is to facilitate and promote conditions that are conducive to the holding of free and fair elections.

The second reason that makes Nshindano’s comments inappropriate is that there are too many variables that can change between now and August 2021 in a manner that is likely to undermine the accuracy of any election forecast. We do not, for instance, know the names of candidates yet and total number of those who will seek election, say, to the position of President of Zambia in 2021. Would the governing Patriotic Front (PF) field President Lungu or would the ruling party choose another candidate at its forthcoming convention slated for 10-12 July 2020?

Would the main opposition UPND field Hichilema or another political leader? Would the National Democratic Congress leader Chishimba Kambwili be on the ballot or would he be a running mate to Hichilema or someone else? Would the two socialist parties led by Fred M’membe and Wynter Kabimba each float a presidential candidate? No one is in any position, at this stage, to provide definite answers to these key questions.

Even if we assumed that there will be only two presidential candidates, say, Lungu and Hichilema, in 2021, there is no guarantee that either of them would obtain the same or close to the same number of votes that they received in the 2016 election, or that the overall result would be as close as the previous one. This is because the loyalties of Zambians who previously voted for the two political leaders may have shifted since then or over the past few years. For instance, some of those who previously voted for Hichilema may this time opt to vote for M’membe or Kambwili. This is more likely to be the case in some constituencies of Western, Muchinga, Lusaka and Copperbelt provinces where a number of voters may be prone to ideological, ethnic and populist mobilisations.

Similarly, some among those who voted for President Lungu in 2016 may this time decide to take their votes elsewhere in protest against his record in office since then. For instance, Lungu has presided over the worst ever economic performance; highest levels of corruption; highest incidence of inequality; greatest assaults on democracy, civil liberties and the political opposition; highest levels of debt; and deepening ethnic divisions.

In any case, it is not enough for any of the individual political leaders to express interest in seeking election to the position of President of Zambia. One also has to be validly nominated, in line with the provisions of the Constitution of Zambia and other relevant electoral laws. For example, Article 52 of the current Constitution allows any citizen to legally challenge the nomination of a candidate who has filed their nomination for President within seven days of the close of nominations. It also obligates the court to hear the matter within 21 days of its lodgement and to make a conclusive determination of these processes at least 30 days before a general election.

So, it is not a foregone conclusion that once a candidate for elective public office has filed in their nomination papers, they would be on the ballot. To the contrary, a candidate can be disqualified either by the ECZ or the courts of law by relying on Article 52. This probably explains why Article 52 is among the clauses that the PF seeks to remove from the Constitution through the deplorable Constitution of Zambia (Amendment) Bill Number 10.

Given all these unpredictable variables, how did the Electoral Commission of Zambia chief electoral officer reach or arrive at the conclusion that the 2021 election will be highly contested and end up as a tight race? Was there any scientific polling that was conducted that renders credibility to the Commission’s views? If yes, who conducted that poll and why is the ECZ playing the role of the pollster’s publicity? If Nshindano is unable to provide satisfactory responses to these questions, then he would do well to withdraw those inappropriate remarks and apologise to the public because his comments have the potential to be misunderstood and undermine the credibility of the electoral process, long before the first ballot is cast.

Already, public trust in the capacity of the Electoral Commission of Zambia to conduct a transparent, free and fair election is at its lowest ebb. Nshindano’s comments would only further erode the public’s confidence in the credibility of the institution. To regain public trust and confidence, the Electoral Commission needs to be consultative, transparent and build consensus with all the key stakeholders that are involved in the electoral process. This includes representatives of political parties, civil society, and international institutions or bodies that help finance Zambia’s elections like the United Nations Development Programme (UNDP). Building consensus is important because it guarantees trust and credibility in the integrity of the electoral process.

If Nshindano’s prediction that the 2021 election will be a tight race comes to pass, then the integrity and credibility of the electoral process would crucially determine the willingness of the losers to accept the outcome. There are many Zambians who, on the one hand, believe that President Lungu and his crew in the PF may attempt to perpetuate their stay in power by manipulating the 2021 elections in their favour. Others, mainly the opposition and their supporters, think that the main opposition UPND and Hichilema will likely rebel against an election result that lacks credibility. The best way of avoiding either outcome is for the ECZ to build public trust in the institution, establish consensus, strike compromises where necessary, and promote transparency and openness in the electoral process – in short, establishing a truly independent electoral commission.

I have read, for instance, that the ECZ intends to choose the controversial Dubai-based firm, Al Ghurairi Printing and Publishing, to print ballots for the 2021 election. Without establishing consensus with key actors, this innocuous move can be a source of much tension and potentially undermine the integrity or credibility of the results. I also understand that prisoners and Zambians in the diaspora may be allowed to vote in 2021. Again, it is crucial that these matters are discussed and decided in a timely manner and in a way that fosters trust and promotes transparency. What, for instance, is the total population of prisoners in Zambia or of Zambians in the diaspora? How would political parties mobilise prisoners or voters in the diaspora? To leave the determination of these issues to the eleventh hour risks creating suspicion in the integrity of the electoral process.

Even more concerning is the announcement by the ECZ that the current voter’s’ roll will be entirely discarded to pave way for the creation of a brand new one. There is no sufficient justification for this move, given the limited time that is remaining before the next election. To create a totally new voters roll, about a year before the elections, would be a difficult undertaking, one that is likely to disenfranchise many eligible voters, especially in rural Zambia where many people have to cover great distances to the ‘Boma’, the main site of the issuance of National Registration Cards – a pre-requisite for obtaining a voter’s card. What all these considerations underscore is the need for broad consultation, dialogue, active listening, transparency, necessary compromises and co-operation on the part of the ECZ.

Much will be at stake in the 2021 election. For both President Lungu and UPND’s Hichilema, winning Zambia’s 2021 election is a matter of life and death, politically speaking.

Lungu and his crew will seek to win in order to escape possible prosecution. All of Zambia’s former presidents, aside those who died in office, have faced trials after leaving office and Lungu is already facing questions about the sources of his newfound wealth. Possible prosecution for corruption, embezzlement or criminal misuse of power cannot be far from his mind. The solution is to remain in power for as long as possible or until a pliant successor can be installed.

Another possible reason why Lungu may be so unwilling to leave office is that he is beholden to the business and political interests of certain individuals that contributed to his rise. According to well-placed PF insiders, this group is fearful of what might happen if Lungu steps down and that, in seeking another term, the president is not speaking for himself alone. Lungu has many political and business figures around him, many of whom were marginalised under the late President Michael Sata but have flourished under him. This group feels its time in the corridors of power has been too brief thus far and wants more time to accumulate through the state. They can see clearly how those they replaced are now languishing. Senior government and ruling party figures say that this circle has captured virtually all state institutions.

The term “state capture” is topical in South Africa, but applies fully to the situation in Zambia too. In fact, in Zambia, it is not only the executive that has been captured, but a whole range of public institutions including the police, security services, investigative agencies, the media, the electoral commission and National Prosecution Authority. One could arguably add the judiciary, parliament and various other bodies to this list too. Lungu’s administration successfully closed down the previously leading critical free press and has almost succeeded in muzzling civil society. Many believe the president’s allies are behind the frequent arrests of prominent opposition figures.

Meanwhile, this group has even extended its influence over the church thanks to the president’s new powers to appoint a Minister of Religion. Through misuse of the police, impunity and bogus prosecutions, Lungu and his associates have created a general climate of fear in Zambia and are therefore effectively in charge of everybody except for those seeking martyrdom. How far this group is willing to go to maintain this grip on power remains to be seen.

As for Hichilema, he has already indicated that he will step down from the leadership of the UPND if he loses the 2021 election. This means that next year’s poll will be his last. Hichilema, who has led the UPND since 2006 and lost five successive presidential elections, will seek to win in order to prevent the end of his political career on a very low note. The stakes could not be any higher, for both Lungu and Hichilema. What is needed is an impartial referee who will apply the rules of the game fairly and provide a level playing field for the political players who are competing for ‘Government’. Can the Electoral Commission of Zambia be that non-aligned referee? The Commission has no choice, in my view, if it is to produce a credible outcome that would be acceptable to all concerned and save the country from large-scale political violence.

INSPECTOR General of Police Kakoma Kanganja says police have arrested 566 suspects due to appear in court soon for various offences related to gassing and rioting from a total of 668 cases countrywide.

And Home Affairs Minister Stephen Kampyongo has directed that all the recent cases of indiscipline in the Service must be processed and disposed of in accordance with the disciplinary procedures within 30 days.

Meanwhile, Kampyongo has urged police to deal with social media criminals, including online publication, Koswe, who he accused of spreading hate and tribal speech.

Speaking during the commemoration of the Zambia Police Day at Heroes Stadium in Lusaka, Wednesday, Kanganja said of the 668 cases, 566 suspects had been apprehended and arrested on various offences.

“I wish to report that as at Tuesday, March 3, 2020, police recorded a total of 668 cases on spraying of chemicals (gassing) and out of which 577 cases are still under active investigations, 566 suspects have been apprehended and arrested countrywide for various offences out of which 24 suspects have been taken to court. The total number of people affected by spraying of chemicals is 1,946 and more than 50 people have lost their lives as a result of instant mob justice. Very soon, you will see many more suspects appearing before the courts of law for prosecution. I must say that we have made great strides in arresting and bringing to book some of the perpetrators of these crimes,” Kanganja said.

“For you, criminals, that are still in hiding, let me warn you that we are closing in on you! It is just a matter of time. Soon, you will be fished and smoked out so that you are made answerable for the heinous crime you have committed and my command will make sure that you are made accountable! I wish to sound a strong warning to all those perpetrating anarchy in the country by spraying chemicals substances on innocent members of the public, behaving in a riotous manner and instant mob justice, that their days are numbered as we are almost at your doorstep. It is through this teamwork that we have been able to make great strides and slowly bringing cases of chemical spraying, riotous incidents and instant mob justice to manageable levels.”

He bemoaned that the current era of conflict and confrontation where people reached the extent inflicting physical harm and injury to fellow human beings.

“The era of conflict and confrontation where people reach to an extent where they inflict physical harm and injury to fellow human beings is uncalled for and must be condemned in the strongest terms by all Zambians. It is heart-provoking to see brothers and sisters attacking and brutally killing each other and, worse still, on passers-by based on mere suspicion that they are the ones behind spraying of chemical gassing. It is sad that some unscrupulous members of the public could resort to burning and destroying police stations, posts, including police vehicles acquired by government at very high cost, to better their lives and to ensure that their properties are protected and safeguarded,” Kanganja said.

And Kampyongo directed that all the recent cases of indiscipline in the Police Service must be processed and disposed off in accordance with the disciplinary procedures within 30 days.

“Inspector General of Police, my dear officers in the rank and file of the Zambia Police Service, to face the future with confidence, you must win back the confidence of the public. To achieve that, all the bad eggs must be rooted out of the Zambia Police Service. In that regard, I, hereby, direct that all the recent cases of indiscipline in the Service must be processed and disposed off in accordance with the disciplinary procedures within 30 days. No case of indiscipline should ever be swept under the carpet. Secondly, the Community Services Department must scale-up its operations in all our communities, and especially in those ravaged by high rates of crime, disorderly conduct and insecurity. I must also call upon members of the public to work with the police by providing information on any suspicious persons,” said Kanganja.

Meanwhile, Kampyongo said police should deal with social media criminals, who were fond of spreading hate and tribal speech online.

“The hate speech that we are seeing on social media is just as harmful to society as other hate speech. IG, the same way you have been so aggressive on issues of gassing is the same way you should be on bringing to book those issuing hate speech on social media. I would like to urge you, IG, to follow the motion, which was presented in Parliament last week through a private members motion, which was urging government to enforce the laws that deal with hate speech. I want to urge you to go for them wherever they are hiding and smoke them out just like you have warned those who are committing other crimes, be it Koswe or whatever they call themselves! Go for them and make them account for their hate speech. Make sure that you crack a whip! And to those who think we are joking, they must just count their days because no one is above the law,” warned Kampyongo

President Edgar Lungu is this morning expected in Parliament to address the House and the nation at large on national values and principles.

This is in line with Article 9 (2) of the Constitution of Zambia.

As the President Addresses the House, expectations are high among stakeholders who feel the President has a mammoth task to assure the nation on various issues that have affected Zambians over the last few months.

The Center for Trade Policy and Development Executive Director Isaac Mwaipopo says as President Lungu addresses Parliament on the application of National values his Organisation has a number of expectations on what the President should address.

Mr Mwaipopo said the current state of the Zambian economy which has seen the kwacha depreciating against other major currencies to trade against the US -dollar at $1 per K 15.45 raises a lot of concerns.

He said the current economic state has adversely affected many sectors of the economy negatively especially business environment and entrepreneurs and CTPD urges the President to tell the people what government is doing to stabilize the Kwacha in light of these developments.

Mr Mwaipopo said there is also need for Government to offer public assurance on the implementation of prudent fiscal management strategies that will ensure stability and growth of the economy.

And Patriots for Economic Progress Leader Sean Tembo says his Party’s expectations are that the President will conclusively highlight the key events in the past year when national values and principles sank to their lowest, as well as measures which his Government will put in place to ensure that going forward.

Mr Tembo also expects President Lungu to explain to the nation the challenges that he is facing in rooting out political violence perpetrated by his own party members.

He said specifically, PEP expect President Lungu to tell the nation where on the spectrum of national values and principles, the aggravated robbery attack on PeP members along Cairo Road by his Lusaka Province PF Chairman, Mr Paul Moonga etal falls.

Meanwhile, the Southern African Centre for the Constructive Resolution of Disputes says today’s national address by President Edgar Lungu on Values and Principals has come at an opportune time.

SACCORD Executive Director Boniface Cheembe, says the address offers the Head of State an opportunity to address the nation on the recent happenings as regards the instant mob injustice and the gassing phenomenon .

Principal resident magistrate David Simusamba has threatened to issue a warrant of arrest against Chishimba Kambwili if the NDC leader does not avail himself before court on March 10.

Mr Kambwili failed to go to court to open his defence in the forgery because he is admitted to the University Teaching Hospital where he is being treated for multiple comorbidities.

In simple terms, comorbidity refers to the presence of more than one disorder in the same person.

Kambwili, who is National Democratic Congress party leader and former Roan PF member of parliament, failed to appear before magistrate Simusamba and was represented by his two sureties.

Kambwili’s lawyer David Banda informed the court that his client is admitted to University Teaching Hospital ( UTH ) diagnosed with multiple comorbidities.

But Deputy chief State advocate Margaret Chitundu told the court that the matter was coming up for commencement of defence and the State was ready to proceed.

At this point, magistrate Simusamba asked the whereabouts of Kambwili to which Banda explained that Kambwili was indisposed and admitted.

Banda, who said Kambwili’s sureties were before court, had a sick note from UTH to show that he was sick.

However, Chitundu, in response, said the State was at pains as to why the sick record was given in the morning when it should have been given to them earlier.

She said the State did not even understand what comorbidities is about and wondered how the letter was issued this morning, March 5, 2020.

Magistrate Simusamba asked when Kambwili was admitted but Banda explained that he had not been feeling well since yesterday but in the early hours of today, he was moved to UTH under emergency when condition got worse.

And according to the medical record obtained signed by
Dr Alinani Silwamba, a registrar at Unit 5 department of internal medicine, it stated that Kambwili was a known patient to the UTH being managed for multiple Comorbidities.

The record stated that Kambwili was admitted on March 5 , 2020 with acute complications of the condition requiring stabilisation in the hospital.

Dr Silwamba stated that Kambwili remains under observation at UTH.

But magistrate Simusamba informed Banda that his client had a history of such
conduct, however, “I will give him the last benefit of doubt and adjourn the matter to March 10, 2020”.

Magistrate Simusamba warned that if Kambwili would not be available for whatever reason, he would put him on warrant.

Last month, three lawyers who were representing Kambwili in the matter, Keith Mweemba, Gilbert Phiri and Christopher Mundia officially excused themselves from representing Kambwili for reasons they did not disclose.

By Isaac Mwanza

Introduction
On 9th August, 2016, this author ignited the debate on whether President Lungu qualifies to contest the 2021 elections. Just like Canadian-based lawyer, this author was a view that President Lungu did not qualify for President until when the Constitutional Court of Zambia passed the landmark Judgment in Dr. Daniel Pule and 3 Others [Selected Judgment No. 60 of 2018]. While the Court did not plainly declare that President Lungu is eligible to contest 2021 elections, the Court addressed key issues that paved way for the President to contest. Let’s discuss these two issues.

1. President Lungu never served a “term” between 2015 and 2016
What appears not to be contentious at this point is the clear declaration by the Constitutional Court that the period commencing 25th January, 2015 to 13th September, 2016 which President Lungu was elected and occupied the office of President was not a term. This is clear from the pronouncement of the Court on page J83 where the Court stated:

“It therefore, follows that in the current case, the term served [by President Lungu] that ran from 25th January, 2015 to 13th September, 2016 and straddled two constitutional regimes, cannot be considered as a full term.”

There is no dispute now around this pronouncement as its clear for all to see.

2. That holding office refers to a term
The debate has now shifted to provisions of Article 106(3) which reads as follows:

“Article 106 (3)
A person who has twice held office as President is not eligible for election as President.”

First this provision is different from the repealed provision of 1996. In the 1996 Constitution, the provision was very clear and left no room for further interpretation. The repealed provision read:

“Article 35. (2) [Now repealed]
Notwithstanding anything to the contrary contained in this Constitution or any other law no person who has twice been elected as President shall be eligible for re-election to that office.”

No doubt, if the repealed article 35(2) had remained in the Constitution, President Lungu was going to have been out of the race as he has twice been elected into office. But this provision is no longer part of our law. It has been replaced, and for good reasons. Those reasons are beyond the current discussion here.

So the question the question we are dealing with now is about article 106(3) as it exists in the Constitution. What did the Court say about the meaning of the phrase, “twice held office”?

On page J75, the Court said:

“It is imperative to first determine what would be considered as ‘holding office’ under Article 106. In particular, Article 106 (2), which we have already quoted above states that a President shall hold office from the date the President-elect is sworn into office and ending oh the date the next president-elect is sworn into office.”

However, the Court did not stop there but, on page 59, asked a very important question: “For how long can a president hold office?” In effect, the Court was asking whether a person who is sworn into office for 1 day, 1 year and eight months as did President Lungu or 5 years can qualify to be said as holding office.

The firm answer by the Court to settle this question is found on page J82 where the Court stated:

“The sub-articles (clauses) in Article 106 cannot be isolated from each other in interpreting the article. An interpretation of a constitutional provision that isolates the provisions touching on the same subject is faulty. Therefore, to state that Article 106 (3) applies to the term that straddled two constitutional regimes but that Article 106 (6) does not, is to isolate Article 106 (3) from the rest of the provisions in Article 106 which is untenable at law, and is at variance with the tenets of constitutional interpretation, as all the provisions on the tenure of office of the President must be read together. The provision regarding the full term must be applied to defining what is meant by twice held office under Article 106 (3) in interpreting the provisions of that Article.”

As everyone can see from the last sentence in quoted part, the provision regarding the full term must be applied to defining what is meant by twice held office under Article 106 (3).

There is no dispute, at this point, what “the provision regarding the full term” which the Court was referring to are. Anybody who has served for more than 3 years has held office of the President and anybody who has served for less than 3 years has not held office of the President. This is what the Court was saying to be holding office.

To add clarity to the Court said, one can only check its pronouncement on page J78 where the full bench stated:

“Under Article 106 (6) (b) it is now possible for one to occupy the office of President for a period which is less than a full term in addition to two full terms of office. Meaning that a President can be in the office for a total of almost 13 years.”

In the quote above, the Court was even more careful in the selection of words. Instead of saying, it is now possible for one to “hold the office” of President the court preferred to use the word “occupy the office of President.” When you occupy the office of the President after being elected and sworn into office of President, or in case of a Vice President who automatically assume that office, say for less than 1,068 days or 89 months (which is less than 3 months), you would not have held office, despite fact that you were sworn into that office.

In a nutshell, the Court was conclusive in pronouncing itself on the current provisions of the Constitution. (1) the term President Lungu served from 25th January, 2015 to 13th September, 2016 (which was 20 months or 1 year six months) is not a term under this Constitution and (2) a person can only be said to have held office under Article 106(3) if they occupied that office for a minimum of 3 years and maximum of 5 years.

Did the Court pronounce that President Lungu is eligible to stand? No, the Court would not do that unless the President, like any other candidate filed the nomination and someone challenged the nomination. Before one files the nomination, the Court has always taken the matter is premature. So what is the significance of the Eligibility Judgment then?

The importance of the Court having pronounced itself that the term President Lungu served from 25th January, 2015 to 13th September, 2016 is not a term under this Constitution and (2) a person can only be said to have held office under Article 106(3) if they occupied that office for a minimum of 3 years, is that it gives an indication on even to those who will have questions when the President files the nomination.

In 2021, the nomination will be filed under the Constitution as amended in 2016 and not under the 1996 Constitution which had stated that no person who has twice been elected as President shall be eligible for re-election to that office. The current law is that anybody who has occupied the office of President for a minimum of 3 years will have held office once. When they serve for another 3 years, they would have held office twice.

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Conclusion
From the above, holding office twice means that one has not only been elected twice or sworn into office of the President twice but that the combined terms for which we occupied office was a minimum of years but one can occupy office for 13 years and still be deemed to have held office twice under the current law, provided the other time was elected and sworn into that office is less than 3 years and thus disqualified from being referred to as holding office. Of course, Hakainde Hichilema, Chishimba Kambwili, Chilufya Tayali and President Lungu who want to contest 2021 elections, none of them can be said to have an outright ticket to contest until they file in their nominations and ECZ accepts the nomination or rejects the same. Once the matter is challenged in Court, the Court can then pronounce itself on it. For President Lungu, he is serving the first term of office which is ending in 2021; the inference of the eligibility judgment also is that the 20 months he occupied office do not qualify for having held office under the current Constitution.

PRESS STATEMENT

5TH February 2020

LEADERS WHO DISRESPECT THEIR CONSTITUTIONS END UP AT THE ICC.

We all agree that a Constitution is and remains the supreme law of the land. Besides, they are some Constitutional office holders that take oath to protect the constitution. When one takes oath he/she is swearing before God that he/she will not do anything that will undermine the constitution and therefore that oath is a promise to the people as well as the Lord. Any promise to the Lord must be fully honored.

Now, you start wondering if people are really serious when taking oath or its one of those things we just do? One must not say things that he doesn’t believe in or else you end up being cursed by the same Lord you promised when taking oath. It’s a sin to mention the name of the Lord in vain.
So why should we have two versions on the issue of the third term? Clearly, there is a group of dishonest people on this issue. God usually expose and punish such people for others to see.

What happens is that, since that promise is made in the interest of God’s children. These children get agitated and vote otherwise. On the other hand people who are forcing their way illegally do not accept the will of people. From what has happened in other Counties where people have refused to step down peacefully they use maximum force on the ordinary citizenry, slaughtering them to remain in power. Meanwhile, the big brother is watching and documenting all the happenings, the end result is that the person at the helm of such killings is indicted by the same big brother called the ICC for crimes against humanity.

It’s at this point now that one individual is isolated and suffers consequences alone. Even those who were shouting the loudest disappear in thin air. So, the issue of the third term requires a very honest approach. Those who have mutilated their Country’s constitutions because of being power hungry are still languishing at The Hague. We have said before that people are fed up with PF and anyone forcing himself on people will spill blood in the end. Already your record Ba PF on human rights is extremely bad. TACHIBULA PALI NALIKWEBELE. Don’t say you were not told.

Percy Chanda

UPND – Chairman for Mines and Freedom Fighte

CONSTITUTIONAL Lawyer John Sangwa State Counsel says the Patriotic Front has chosen President Lungu to stand as the party’s Presidential candidate in 2021 at their own peril because the Head of State is ineligible.

And Sangwa says he respects the opinion of PF secretary general Davies Mwila who defined him as a “dull lawyer” saying, the message is actually an attack on the distinguished lawyers and legal practitioners serving the judiciary whom he has taught in the last 20 years.

In an interview, Sangwa said it was nonsensical to ask him to withdraw his legal opinion.

“Firstly, I take great exception to anyone asking me to withdraw my legal opinion on Lungu’s eligibility. There is no way I can do that. It’s not a crime to tell the President that ‘you don’t qualify’, so what will I withdraw? I am a citizen of this country and I am also a voter. It is within my right to tell a political contender that you don’t qualify to rule over me. So, all those people in PF who are just talking from without like that Sunday guy, I don’t know why they can’t read. They don’t know the history of this country and how we suffered under the one-party rule. That’s the problems when you have a country full of Juveniles. People are lazy to read, don’t just argue, read the law. And Mwila can call me dull, it’s laughable but it’s fine. The only problem is that his attack is on the integrity of the many lawyers I have taught for the past 20 years. If I am dull, then all those lawyers must resit their law school and exams,” he said.

“I have been a lawyer for many years. By 1991 when Kaunda was losing power, I was already admitted to the bar. You can’t tell me today that I want to join politics, I have a job, I have a wonderful career and I have no reason to join politics towards my old age. That’s nonsense! But again, it doesn’t mean that political issues are a preserve of politicians, no! I don’t need to be a politician in order to comment on political issues. As long as I have the right to vote, I have the right to express my views, and every citizen has that right. Your right to vote is your consent to say ‘I agree, you can rule over me’. So, I respect those who disagree with my legal opinion, but they should also respect mine!

And Sangwa said the PF could nominate President Lungu at their own peril.

“You take chances at your own peril because the law is there. Even if you look at the Constitution, it doesn’t allow for a sole candidate in a political party. The Constitution allows you to have competitive elections within your own political party. If you make the mistake of choosing someone who is not eligible as your party candidate, whose fault is that? The law is very clear, and we always say ‘ignorance of the law is no defense’. The beauty with this thing is that we cannot speculate, we cannot assume that Lungu is going to stand in 2021. Let us wait for him to file papers, that’s when now we will go to court. Don’t forget, this is a country of laws, we don’t bend laws to suit an individual, no!” Sangwa exclaimed.

“Individuals must conform to the law. We cannot begin to twist the law in order to avoid chaos in some political party, no! So whether you are a political party or otherwise, we are all bound by the law. Even if it was the issue of HH, even if you take out Edgar and you put HH, the result is the same. HH would still not be eligible to stand in 2021. Irrespective of who you are, there is no law for HH and there is no law for Lungu, there is law for everybody.”

Sangwa insisted that allowing President Lungu to contest elections in 2021 would be the worst thing that would happen to Zambia’s democracy.

“In fact, in the general extreme of things, Bill 10 is not even important, it’s not even a danger to Zambia’s democracy. The biggest danger to Zambia’s democracy is Lungu standing for a third time. That’s the biggest danger because no President since 1991 has ever gone for three elections. So you don’t want to set a bad precedence because once you set a bad precedence, you cannot undo it. That is why we need to fight this, he shouldn’t go for third term, he has already been elected twice and this has nothing to do with the number of years he served. The point is, as long as you have been elected twice, then that’s it, you are done. That clause in the Constitution has never changed since 1991, once you’ve served twice then that’s it, you cannot go for a third term,” said Sangwa.

GOVERNANCE activist Brebner Changala says PF will be thrown into disarray if they don’t find a qualified candidate by 2021.

And Changala says as a lawyer, President Edgar Lungu knows that he does not qualify to stand in the 2021 elections.

In an interview, Tuesday, Changala said PF’s endorsement of President Lungu as sole candidate was ill conceived as it injured the general membership of the party.

“I was talking about PF. Mainly, they are the only people who see that President Edgar Chagwa Lungu qualifies to stand in 2021 and they base their argument on the Constitutional Court judgment in Danny Pule and others. Now, if you have read the Constitutional Court judgment as defective as it is, it does not anywhere and clearly and categorically state that President Lungu does qualify to stand in 2021 or indeed any other elections thereafter. One of the things the Court did not touch on is what is in the statute that whoever has been President or sworn in twice cannot seek the office of the President again. Now, it’s beyond debate and they are playing with the jargons on other articles which concern the term of office. The term of office does not constitute the eligibility for someone to break the law and be sworn in for the third time and this must be made very, very clear to PF. It’s time they start looking for a candidate or else they will scatter in disarray,” Changala said.

Changala challenged the PF to show Zambians the ConCourt ruling which categorically stated that President Lungu was eligible to stand in 2021.

“Any law abiding judge and any law abiding chairman of ECZ cannot accept any paper from President Edgar Lungu. He can’t because the law says so. And I would challenge my colleagues in PF starting from the President to the last man in PF to show the people of Zambia the Constitutional Court ruling in Danny Pule and others, where it categorically and clearly states that President Edgar Lungu is eligible to stand. And the other angle is, President Lungu has never approached the bench to clarify his condition or state as regard to the 2021 elections. It was others and so there has never been any ruling or judgment concerning President Edgar Lungu and this sole candidate endorsement from the PF is ill conceived and it injures the general
membership of the party,” he said.

And Changala said as a lawyer, President Lungu knew that he was ineligible.

“President Edgar Chagwa Lungu says he is a qualified lawyer and lawyer par excellence. He must know by now that he does not qualify if he has read the law. He must know by now that he has been sworn in twice. These are facts and these are in the law. So President Edgar Lungu must stop going on podium and telling the people of Zambia that we are stuck with him. 2021 we are stuck with him, 2026 we are stuck with him. This country belongs to the collective sovereignty of the people of Zambia. It’s not his own territory which he can convince and kick around as and when he feels. He must obey the law. He must be custodian of the constitution and he must uphold the law at all times. Let him not get excited because this will land him in serious challenges.
He must start preparing for a successor within the PF. There are a lot of capable men and women who can take over from him. He must not impose himself against the law and against the Constitution,” said Changala.

“So my take on this is President Lungu does not qualify to stand. Two, the Constitution never made a declaration that he does qualify to stand and if my reading is incorrect, let them show us in the many pages of that judgment where it clearly states that he qualifies to stand because he didn’t serve more than three years as per the law. And where it says that being sworn in twice has been abolished by 2016 amended constitution. He must clearly state. So they are even in an illusion and they will get a rude shock because they are wasting time and they will lose time towards the elections. There will be a crisis when they will walk towards the judge, a reasonable judge for that matter who will not accept the nomination…I don’t think Judge Esau Chulu would entertain the papers that will come from President Lungu. No normal judge can do that.” -ND

NATIONAL Democratic Congress (NDC) president Chishimba Kambwili says his remarks on being ready to be Hakainde Hichilema’s running mate were taken out of context because what he actually said was “he who wants to lead must be ready to be led”.

And Kambwili says he has engaged his lawyers on the possibly of taking action against Speaker of the National Assembly Patrick Matibini following the Constitutional Court ruling which declared that he breached the constitution.

Meanwhile, Kambwili has asked Zambians to start speaking out about injustice being perpetrated by those in government, saying doing so gives hope to the opposition to continue fighting.

Speaking when featured on the Monday edition of Prime TV’s Oxygen of Democracy, Kambwili said he was ready to be led just as much as he was ready to lead.

“There are certain things where you are quoted out of context. What I said on that programme (a radio interview) was that at the moment, NDC and UPND are in an alliance. In this alliance, we agreed on 10 principles that we wanted to fight on the front as a united front. But should the people of Zambia say that ‘we want UPND and NDC to form a pact’ or should the members of the two political parties say ‘the way to go is to form a pact’ and a system is put in place where to decide who leads this pact, if I am chosen to deputise my brother Hakainde Hichilema, who am I to refuse? Similarly, if I am chosen to lead this alliance and HH deputises me, who is he to refuse? That’s what I said. [What I said simply is] ‘he who wants to lead must be prepared to be led’ in short. There is absolutely nothing wrong with me deputising HH if the Zambian people so wish,” Kambwili said

“Who am I to refuse? Ultimately, the ones who are going to vote are the people of Zambia, it’s not us. You can’t say I am going to stand on my own when the people of Zambia are asking you to partner. How can you even win? Niba noko bakalavota (is it your mother that will be voting)? If it’s your mother, yes she can vote for you whether you are a one-man party or not. But if it’s not your mother alone who is going to vote, you must listen to the voice of the people.”

Meanwhile, Kambwili said he had engaged his lawyers on possible action against the Speaker.

“I was not surprised because I knew that the Speaker had breached the Constitution, and what annoyed me very much over the Speaker’s decision was that the Speaker is a former judge. He was a judge of high standing, with a very good reputation. But he went and made an open mistake without recourse to the law. You remember when he declared my seat, I had a press briefing and I said ‘what he has done is illegal’. But then the problem that we have in this country is that we will end up with one judgment where the Constitutional Court says ‘yes we agree with the fact that the Speaker overshot his boundaries, he breached the Constitution but we cannot make his decision null and void because if we do, then Kambwili will have to back to Parliament and we are going to have two members of parliament and the number of members of parliament is regulated. So we are going to create a Constitutional crisis’. But is that my problem? Or is that the problem of the people of Zambia that a Constitutional crisis will be created?” he asked.

“What is wrong is wrong, we must believe in calling a spade a spade and not a pick for the sake of impressions. The Constitutional Court did very well in this judgment but they only spoiled the judgment when they said ‘we cannot grant the remedies because we are going to create a Constitutional crisis’. In the meantime, I have been affected by the wrong decision of the Speaker. From here onwards, we are sitting with my team of lawyers to find the way forward. But certainly, an action will be taken. You can’t say ‘you are wrong here you are driving a vehicle without a license’. Then again you say ‘anyway it’s okay because you are taking a patient to the hospital’, come on! Can we be consistent?”

Meanwhile, Kambwili called on Zambians to start speaking out against the wrongs in government if they wanted real change to come.

“This whole issue is left to the people of Zambia to decide the way forward because elections are held for the people of Zambia so that a group of people can be elected to go and superintend over their national affairs. So it’s up to them to want to remain docile or to take action and in taking action, there are many ways, they can wait for the elections of speak out and say ‘if you are not going to level the playing field, we are not going to vote as Zambians, the Zambians have got the right. If the people boycott the elections, people will be moved to make sure that the right thing is done. But what happens in Zambia is that people are quiet, they want to wait for Chishimba Kambwili, HH, Edith Nawakwi, Nevers Mumba to speak for themselves. We must move as a team. Look at what happened in Malawi; when the election was stolen in Malawi, the people went on the streets and demonstrated. If it were in Zambia people could have just gone quiet but our friends in Malawi said ‘no’ and because the people rose in Malawi, they forced the courts to do the right thing and nullified those elections,” he said.

When asked what NDC’s position on whether or not President Lungu was eligible to contest elections next year, Kambwili said his party believed that any person who had twice been elected and sworn in did not qualify to run for a third term of office.

“NDC’s position is as provision of the Constitution. We must act within the Constitution. The Constitution says ‘anybody who has been elected twice and sworn in twice cannot stand for elections the third time’. The question we should ask is: has President Edgar Lungu been elected twice in this country? Has President Edgar Lungu been sworn in twice in this country? If the answer is no, he qualifies to stand in 2021 but if the answer is yes, then he does not qualify. So my own understanding and the position of NDC is that anybody who has been elected twice and sworn in twice does not qualify to stand. The final authority are the courts, I don’t want to usurp the powers of the court. That is why once President Edgar Lungu files his nomination, those who will feel that he doesn’t qualify must go to court and let the courts pronounce on that matter. I am not a court and I don’t want to make a mistake that my elder brother Patrick Matibini made by usurping the powers of the court,” said Kambwili.-ND

Former Ministry of Information and Broadcasting Services permanent secretary Chanda Kasolo says he does not regret anything he did while serving in the government.

President Edgar Lungu last year dropped Kasolo for saying that the salary cuts the Head of State had announced were voluntary.

He was quoted by Diamond TV saying: “The salary reduction announced by President Lungu ranging from 15 to 20 per cent is not a mandatory measure, but voluntary scheme, which can be joined by his appointees and other Zambians.”
Reflecting on his time in government in an interview, Kasolo said he did not regret anything he did while he served in the government.

“I have never regretted anything I have done in my life. When you are realistic, you know that a job can end, nothing is permanent. I am realistic, I enjoyed what I did in government. I do not regret anything. If anything, I did my best at my job,” Kasolo said.

When asked if he would agree to get back into government if an opportunity availed itself, he said he would as long as it was in the interest of the nation.

“My father used to say ‘never say never’. These things have a way of going round. For me, if it has to do with serving the nation, I will always do it. If I know I cannot do because, maybe, I am not capable or not sure, I will not. I can only accept things that I know I can serve and give my best,” Kasolo said.

He said he had now embarked on a venture to promote tourism in Eastern Province where he also served as permanent secretary.

“My business partner acquired this resort from a long time ago and being a good friend, he said ‘come and join me’. I have joined him. We are developing a hotel, we are developing a colosseum bar and restaurant. We have a large swimming pool that we are digging up now; that will be the largest in Eastern Province. We are bringing animals on to the site because we would like people, instead of going to national parks, they can come there. The main thing we are to do on tourism and arts in this province is through this facility,” said Kasolo.

-ND

VETERAN politician Vernon Johnson Mwaanga says it is foolish to pretend that all is well in the country when the economy is in intensive care unit and elections are not being held in a free and fair manner.

And Mwaanga has advised President Edgar Lungu to institute an inquiry into gassing as well as seek advice from former finance ministers Ng’andu Magande and Dr Situmbeko Msokotwane on how to fix the economy.

Meanwhile, Mwaanga says mediocre leadership in African countries is worsening the living standards of the continent’s people.

In a statement titled “Worrying Trends on Africa’s Horizon”, Sunday, Mwaanga said the rapid weakening of the Kwacha against other currencies was a source of worry.

“The economy is in the intensive care unit. Annual GDP growth of a meagre 2% or marginally above, when the population is growing at marginally above 3% is of no comfort. Latest inflation figures of 13.9%, rapid weakening of the kwacha against other currencies, is a major source of concern and worry. The cost of living has gone up and so have the costs of mealie meal, electricity, fuel, public transport, among many others. It is important to bear in that all this is happening against the backdrop of public servants, government aided universities and other government aided institutions, foreign service officers, being paid their salaries and allowances late- causing immense hardship to families. No one should pretend that all is well in country. It would foolish to do so,” Mwaanga said.

Mwaanga also expressed displeasure over the manner in which the Chilubi by-election was conducted.

“When I met one of Africa’s greatest sons Kwame Nkrumah in Conakry, Guinea, in 1970 at his seaside resort, I used the occasion to ask him what he thought would be Africa’s main challenge going forward. His answer was simple and categorical. He said that “it is leadership decline my son. I fear that the new crop of leaders who take over from us the founding fathers will betray the people of Africa and begin to work for themselves, their families and friends, instead of working for the people”. What foresight! This is exactly what is happening in many parts of Africa. We have seen many African countries reluctantly come out of one party regimes, to embrace multiparty democracy, including Zambia, but many of the players in this multiparty dispensation do not understand and are still confused about their own roles. Recently in Zambia, we had a parliamentary by-election in Chilubi, where leaders of opposition political parties, were being hounded out of the Constituency by the police, simply because President Edgar Lungu was going to be in the area. I have read and re-read the Electoral Act and have not come across a provision in the Electoral Act which says that when the Republican President is campaigning in a particular Province, District or Constituency, no other political party leaders are allowed to campaign there,” he stated.

“During the days of MMD rule, when I was Chairman of the Campaign Committee, we used to have our Republican President, campaigning in the same cities with opposition party leaders, such as the late Michael Sata, the founding President of the Patriotic Front, the late Anderson Mazoka, the founding President of UPND and the late General Christon Tembo, the founding President of FDD. We did not see any mischief in this. We saw it as a way of levelling the campaign playing field, for all participants, which is necessary for the holding of free and fair elections. With the advent of tripartite elections in 2021, it is absolutely necessary for a number of electoral issues to be urgently addressed and resolved, to create an atmosphere for the holding of free, fair and credible elections, which meet international standards. Amending the Constitution of Zambia, after little or no consultations with the main stakeholders is not the way to go. Increasing the number of members of Parliament, when providing support to existing ones is already a major challenge, points to a serious mis allocation of national priorities. Malawi, which has a population of more than 2 million people more than Zambia, has a Parliament of 193 members.”

And Mwaanga said he could not recall any kind of madness like gassing since independence.

“To add insult to injury, we now have the senseless and so far unexplained gassing of innocent citizens, including school children, which is taking place in many parts of our country. I cannot recall this kind of madness since independence in 1964. Our political leaders seem content to making accusations against each other. There is an obvious lack of trust among our leaders, which is understandable, largely due to the absence of national dialogue among our leaders, which was a common feature during the rule of MMD,” Mwaanga stated.

“Going forward, we should have an independent inquiry, comprising Eminent foreign and Local persons, into the gassing, which is a new phenomenon in country. We need regional bodies like the African Union and SADC, to activate their preventive mechanisms and send their special emissaries to help our leaders to meet and resolve most if not all outstanding issues, in the greater interests peace and harmony in our country. The preventive mechanisms in these institutions, were set up for this very purpose.”

Meanwhile, Mwaanga urged President Lungu to consult Magande and Dr Msokotwane on how to fix the economy.

“I would like to see President Lungu, invite distinguished former Ministers of Finance like Ng’andu Magande and Dr Situmbeko Musokotwane, to discuss and advise in private, how best our economic problems can be dealt with for the betterment of our country at large. These are Patriotic Zambians and I am sure they will not decline such an advisory role,” he stated, further condemning tribalism.

“Tribal and hate speeches should have no room in Zambia and those who make them must be severely punished. They grossly undermine the national motto of one Zambia, one nation, which has served our country well since 1964. I can recall that our first President Dr Kenneth Kaunda, dismissed a cabinet Minister who had made a tribal statement, within a few hours after he had made it. Where has the spirit of love, kindness, tolerance and forgiveness gone? What demons have come to our country, which was once regarded as an oasis of peace and tranquillity? Let us all examine our hearts and minds, so that we all become agents of positive change and progress for all Zambians and I mean all Zambians and not just a few.”

Mwaanga observed that Africa was going through difficult times.

“Africa is going through very difficult times. We face economic challenges, democracy deficits, high population growth, high unemployment particularly among the youth, mediocre leadership, corrupt regimes which have allowed leaders to amass ill gotten wealth at the expense of their people, huge national debt levels which have become unsustainable, declining education and health infrastructure, shrinking space for press freedom, among many others. We even have African leaders who have been altering their dates of birth and tampering with their national Constitutions just to continue running for office. We have had leaders rigging elections with the complicity of their compromised electoral Commissions and then preventing those who have lost Presidential elections from being heard in courts of law, as laid down by the main law of the land -namely the Constitution. The judiciary in many countries has become an enemy of the people, with a few exceptions, like Kenya and Malawi, where the Judiciary strictly interpreted the law, even in the face of huge bribes which were offered to the Judges, but rejected by them. Parliaments have been used to stifle and even to pass laws which are against the people, using the tyranny of Parliamentary majority,” stated Mwaanga.-ND

Lusaka Province UPND chairman Obvious Mwaliteta says PF officials must refrain from attacking Hakainde Hichilema because he is not involved in their failure to effectively run the country.

And Mwaliteta says police officers are not mandated to shoot a civilian who is unarmed.

Speaking when some bus drivers joined the UPND, Sunday, Mwaliteta said it was uncalled for that PF officials were attacking Hichilema on a daily basis instead of talking about the poverty that was obtaining in the country.

“Colleagues, don’t talk about HH. Talk about the problems the country is facing. Leave HH alone, leave him alone, you’re already driving the flags, fix the economy of the country, pay the lecturers, invest in research and development. Look at China, they just invested in technology, they did a lot of research, where are they today? Today China, that’s where we can even borrow the money that has even put us in problems today but what are we doing about it?” Mwaliteta asked.

“We are asking that sir, please look at the plight of Zambians today, Zambians are really suffering. This is my earnest appeal, stop talking about HH, tell your ministers to refrain from talking about HH that, HH this, no, HH is not involved in this poverty, HH is not even involved in your failure to deliver fertilizer on time, HH is not part is not of this problem where you don’t even know where this Dollar is going to reach when we reach next year, this Dollar might go to K22, even K25 because this problem, no one knows what to do. May the Almighty God enter your hearts, Lusambo, ba Kampyongo, even your walking has changed, you’re walking like you own Zambia.”

Mwaliteta said the PF’s number one enemy was poverty.

“HH is the only leader who is going to liberate this country. I know Ba GBM siba na tenge che aba ma (GBM did not just go with some) youths, we were also called, can you join us, can you join us, to join what? I left PF, I was not fired. I was a minister when I left PF. What has changed? What has changed now is poverty. So, the greatest enemy of PF is poverty, the cost of living in this country. We cannot pretend, we are all suffering. Even here where we are Bwana SG, if I say let’s stand up and search each other, no one here has more than K100 here, wonse bali nama K50 (people only have K50), ma transport money to go back home,” he said.

“How do you rule the country with people that are so much in poverty yet you are driving ma VX, you are driving ma Range Rover, ma Bugatti yayambo ngena manje. It’s uncalled for, it’s uncalled for. You are the ones that are on the driving seat, but it’s like you can’t see, the windscreen is shattered. You don’t know what to do now. The country is in trouble. Can you sit down and start thinking how you can help us as we are going towards 2021? After 2021, you won’t be responsible, because HH will be responsible for this country, but for now, we ask you, can you remove that shattered windscreen, put another windscreen so that you are able to see how people are suffering in this country? It’s so painful that today the Dollar is at K15. So if the Dollar is at K15, next week they have to increase fuel whether they like it or not, because the Dollar has risen. So we are in trouble as a country.”

He lamented that marketeers were losing their sources of income because malls had mushroomed even in the compounds.

“You can’t destroy everything. You can’t destroy agriculture, you can’t destroy the economy. Today, what we are seeing bwana SG wherever you go in the compounds, the markets, the marketers who were selling chiwawa can’t sell chiwawa anymore because just opposite the market there is a shopping mall, so Kuku compound in Chawama where the president comes from, just opposite Kuku compound there is a shopping mall, and these shopping malls they are also markets, they are also selling cabbage, they are also selling chiwawa the same way our mothers are selling in the markets. Now no one is buying, they are all rushing into the shopping mall. The little money that is suppose to circulate in Chawama now it’s going to these so-called investors that have brought these shopping mall,” Mwaliteta said.

“Take these shopping malls into certain areas, kwamene kuli ma some-of-us not in the compounds where people have to revolve the money within themselves and then you take away that money. You can’t do that. Stop targeting wrong people; stop targeting UPND on your mess. Do the right thing, you are there, why are you uncomfortable?”

And Mwaliteta said police were not mandated to shoot unarmed citizens.

“And I want to tell you, Kampyongo you were never at Home Affairs, I was at Home Affairs. Police officers are not mandated to shoot a person who is not armed, police officers are not mandated to shoot a civilian who is not armed! It doesn’t matter whether he has got a stone, whether he has a nkoli (walking stick), as long as what he has in the hands is not a gun, you cannot shoot, you’re not mandated to shoot a civilian. But today you’re justifying that they can shoot anyhow because you have wrong targets, you want to start scaring us the opposition that when Mwaliteta is shot, you will say that no, the police are mandated to shoot anyhow, no! They are not mandated to shoot civilians. It doesn’t matter whether it is a thief and he is carrying a fridge, as long as he is not carrying a gun, he cannot be gunned down, he can only be apprehended,” said Mwaliteta.

The government has sent a clear warning to members of the public who think belonging to a political party is insulation enough against the law when a crime is committed.

Minister in charge of Home Affairs Hon. Stephen Kampyongo says the government will not segregate but apply the law fairly on all individuals regardless of the political parties they belong to in an event that they engage in criminal activities such as murder or gassing.

Speaking to the Media after officiating at the Zambia Police Day Celebrations at National Heroes Stadium in Lusaka on Wednesday, under the theme, “2020 The Year To Enhance Operational Performance In Order To Provide Quality Service To The Public,” Hon. Kampyongo said police will not look at whether a suspect belongs to the opposition or ruling party when applying the law.

“We have made it categorically clear in our stance to bring law and order that those involved in any criminal activities will be persuaded as criminals first, secondly, the fact that someone belongs to the ruling party or any opposition political party you are not insulated because no one is above the law,” he stated.

Hon. Kampyongo strongly warned that no one involved in any criminal activities will go Scott-free as the police will apply the law to its full length regardless of political affiliation.

“If someone is a murder or gassing suspect we are not looking at any political affiliation but the activities committed because it is one thing to belong to a political party and another thing to be a law-abiding citizen,” he said.

He said that some people who claim to be members of the PF are in correctional facilities and have been tried in the courts of law and have been found guilty of breaching the law which is an indication that there is no selective justice.

And the Minister has asked the Inspector General of Police Mr. Kakoma Kanganja to ensure that individuals spreading falsehoods and hate speech on social media are pursued and made to account for their activities.

He said cyberbullying, hate speech and falsehoods are vices that cannot be allowed to take root in society.

“Wherever they are hiding smoke them out, be it Koswe or whatever they call themselves and make sure they account for their hate speech and falsehoods,” he ordered.

He said he and the police have a responsibility to protect members of the public regardless of their status and emphasized that he will not allow destabilizing the peace in the quest to protect citizens.

By Honourable Tutwa Ngulube

WHY WE NEED TO AMEND ARTICLE 72 OF THE 2016 CONSTITUTION

The People of Zambia decide which MP goes to Parliament and on which party Ticket. As MPs we cannot change or switch our allegiance when we get to Parliament. But given the 2016 Constitution in Article 72, that is very very possible.

Imagine putting yourself in the shoes of Hon. Dr. Kambwili where you are told you have won the case, but wait a minuet sir, sorry sir, you have lost the case.

Before we discuss the matter at hand allow me to state that the entire UPND has no numbers to impeach or even sustain any motion of impeachment before the house.

In fact the Judgment of the concourt has just created a New Lacuna in the constitution in that they too have not resolved the problem that was presented to them. This Judgment if not reviewed will cripple the power of the National Assembly which also gets its powers from the Constitution. This will be a huge blow to the independence of Parliament and the Powers of the Speaker which heads this House.

There is no country in the world where every decision to be made by the Speaker must first go to the Concourt. The Kambwili judgement must be looked at critically and carefully so.
The Concourt can only come in if an aggrieved party goes to court not the other way round. While we are trying to resolve Lacunae through Bill 10,new Lacunae have resurfaced.

INFACT it’s clear from Pages 37 to 40 of the Judgment, that an MP elected by Party A can become a member of Party B and cannot lose his seat because for the speaker to Rule that he has crossed the floor he will need to refer the matter to court. This will bring back the indiscipline that the people of Zambia wanted to end in their MP. We MPs are servants of the People and not our own bosses.

According to the judgment, it’s possible for an MP to be elected by his people and party and then while in Parliament becomes hungry and sells out to become a member of the other party and you end up having a seat being held by 2 parties the one that sebt you and the one you have joined. This is dangerous for democracy and until the Judgment is clarified, Mr Speaker will have no powers to discipline such MPs or to enforce the Constitutional provisions because it’s not clear whether he has powers to declare seats vacant or not.

The drama avoided by the concourt where they refused to uphold Kambwilis seat for fear of having two MPs was also wrong. THEY should have done the correct thing. The stopped short of feeling sorry for Chishala.

Although the Roan seat would have been held by both PF through Kambwili and Chishala under NDC, the reality is that Hon. KAMBWILI told Musenge that Musenge cannot fire the owner of the Party. We have now faced the reality. He was saying he was not NDC but its consultant but also he was the Owner of NDC. HOW CAN you be hw owner of a party but not being its member?

They had the power to nullify Chishalas seat but because Kambwili campaigned for Chishala they said they could not.

They appear to have left one window open for future problems because imagine two MPs wearing different party manifestos referencing one populace.

Lastly the fact that the judgment gave Kambwili back the seat and again gave it to Chisala shows that they decided for the voters . THE CONCOURT did not have that power they exercised. I have combed the constitution and have not seen such power.

It appears as though Even them as Concourt exceeded their powers and equally appear to have done exactly what the Speaker is accused of doing.

Hon. KAMBWILI presented 3 questions to the court. They refused to allow the 2 questions saying they were afraid they would be taking away the power of the High Court.

According to the 2016 Constitution the power to interpret the Constitution lies with the Concourt and not the High Court. So how was the High Court coming in?

In the case before it Hon. Kambwili did not allege violation of any of his rights under the Bill of right and the High court which has power to protect the rights under the Bill of rights did not have any window to use to come into this picture.

The Kambwili matter was a classic case of possible future pitfalls that must be buried before the 2021 elections. We hope and trust that for future cases the courts will shoot straight regardless of the potential casualty.

Hon. Kambwili should have been given back his seat or the court should have called for another election.The Seats in Parliament are given by the voters not the court.

If they had done so they would have created another problem because Hon. Chishala was not challenged by the Petitioner Hon. Kambwili. At every angle of this case, we must refine the 2016 Constitution to avoid draw game cases.

I Humbly submit and rest my case.

THE DEBATE OF PRESIDENT EDGAR LUNGU’S ELIGIBILITY IS A CLEAR SIGN THAT OPPOSITION AND IT’S AGENTS ARE SCARED OF ECL ON THE BALLOT – NATHAN CHANDA

….as he asks John Sangwa to advise opposition UPND to have democracy in their party according to article 60 of the Zambian constitution instead of misleading them about the candidature of President Lungu….

COPPERBELT. Wednesday, March 4th, 2020.

Patriotic Front Copperbelt Chairman Nathan Chanda has advised mr Sangwe not to be an hypocrite when interpreting the Zambian constitution. As a constitutional lawyer he must not mislead opposition political parties and Zambians over a matter to was before the courts before and let him avail his candidate for 2021 to the Zambian people instead of wasting time.

Mr. Chanda says the debate of President Edgar Lungu’s eligibility is a clear sign that the opposition and its agents are scared of Edgar Lungu on the ballot.

“The PF is respecting its constitution by holding intra party elections up to the convention unlike your political parties of choice who have never held any elections in line with the Article 60(2) D, political parties shall promote and practice democracy through regular, free and fair elections within the party but UPND has never had intra party elections for the past 20 years and has life President and you are very quiet as a constitutional lawyer, why? You just busy talking about Lungu, Lungu. What has President Lungu and the PF done to you kanshi?.”

He says the opposition now wants to divert the attention of the Zambian people to a debate that was cleared by the Constitutional Court.

“Ba opposition, ala mukose! This debate of Edgar Lungu’s eligibility is a clear sign that the opposition is dead scared of seeing the name Edgar Lungu on the ballot in 2021. But mukose, because you will see Edgar Lungu on the ballot and he will win the 2021 general elections,” Mr. Chanda said.

He said out of desperation, the opposition is now using political agents to give their own imagination of the judgement.

“It will not work. Even if the opposition gets political party agents in lawyers like John Sangwa, Linda Kasonde and others it will not work.”

He said the same lawyer claimed that Zambia is not in need of the new constitution amendment like the proposed bill 10 instead attend to economic issues but when it fits him is busy misleading people on constitutional matters to suit his personal needs.

He said this is why the Zambian people should support Bill 10 to end the lacunas in the constitution because the constitution must be straight forward on issues and stand a test of time.

“So it is important to all members of Parliament to support Bill 10 and take advantage so that all the lacunas in the constitution are addressed.”

Mr. Chanda said the PF will not be derailed by the opposition and its agents.

“…the party will not be derailed by the opposition. I want to urge our members in the Province to continue with our mobilization and remain focused and President Edgar Chagwa Lungu is and will be our Candidate come 2020 General Conference and 2021 General elections” Mr. Chanda said.

Issued by//

PF Copperbelt Media Team

By Parkie Mbozi

On 24 February 2020 Information and Broadcasting Minister Dora Siliya made an appearance on Prime TV, a private station. This was within 24 hours that opposition United Party for National Development (UPND) leader Hakainde Hachilema appeared on the same station for his ‘state of the nation address’, as some analysts called it.

For starters, I will not take away the accolades Hon Siliya was showered with for what observers described as a ‘mature’ and ‘objective’ elaboration of government position on gassing activities that had gripped the nation. Hitherto the issues attracted all manner of wild and ill-conceived and calculated accusations and counter accusations across political divides, even without merit nor evidence. Here is one of the accolades from his Royal Highness Senior Chief Mukuni, “For the first time I heard a minister speak wisely instead of finger pointing like others are doing against others when the police is still pursuing the matter. Please help me with her number if you can, I want to congratulate her.”

A statement like the following is what earned Hon Siliya the accolades, “What is happening in our country? I think to reduce it to just politics by us in government would not be the right thing. That’s why we are saying ‘let the police tell us.” She added, “These are criminal elements; there’s no excuse for politics here. Politicians are in the business of improving people’s lives. It is not for us in government to determine who is involved. We are waiting for the police to tell us and those people will go to court.”

It was hoped that these comments by the Chief Government Spokesperson would put finger pointing and knee-jerk reactions to gassing to rest.
On that score allow me to move on to the thesis (arguments) of my article: which is that Hon Siliya’s use of Prime TV is an indirect admission that the media resource at her free disposal (24/7), the Zambia National Broadcasting Corporation (ZNBC), has lost credibility and ultimately audience reach. Some have argued that she used Prime TV back-to-back with Mr Hichilema’s address to the nation in order to bequeath government’s response to him. I will not dwell on this narrative for the moment.

I will maintain my line of thought that for the Government Spokesperson to turn to Prime TV to address the nation on gassing – a hot topical of the moment – is an indirect admission that private TV and radio stations have ‘stolen’ some of ZNBC’s audiences (viewers and listeners).

Here is why I proffer this narrative. First and foremost, ZNBC is the almighty in broadcasting, the mother of all broadcasting – radio and TV – in Zambia. Until 1994 when Radio Phoenix started operating as the first private commercial radio station in Zambia since independence, ZNBC – operating as Zambia Broadcasting Services until 1988 – was the only operator of both TV and radio in the country.

Even now with over 30 TV and 130 radio stations operated by private, commercial and community interests, ZNBC remains the almighty broadcaster and the only one benefitting from direct public support through state and Public Private Partnerships investment, direct funding and licences and levies. In fact, since the amendment of the Independent Broadcasting (IBA) Act in 2017, the IBA collects TV levies on behalf of ZNBC. Clearly no other broadcasting station – radio or TV – enjoys so much resources as ZNBC. It explains its unassailable and exclusive capacity to be in every province and almost every district of the country.

The ZNBC also enjoys almost exclusive rights as content provider under the digital migration arrangement. It is also the only one with a license to broadcast across all corners of the country. So, all things being equal, there should be no reason for the Chief Government spokesperson to turn to private media, in some cases at a fee, to proffer official statements.

Yet despite all this monumental infrastructure and capacity, there is one reality which is beyond ZNBC’s control: the audiences (you and I the listeners and viewers alike). Despite all the massive resources and inputs at ZNBC’s exposal, the final judgement is on the taste of their pudding: their programmes. That’s where the audiences come in. With the current plurality of radio and TV stations, the audiences choose whom to turn to fulfil their needs and wants. As argued by scholars of the Uses and Gratification theory (e.g. Katz et al, 1974; Papacharissi, 2008), the media fulfil the daily needs of the consumers of their messages beyond being informed, educated and entertained.
From a related theory known as selective exposure, we know from research that audiences select which medium or programme to expose themselves and pay attention to and messages to retain for future use based on their needs, wants and prejudices.

Dexter and White (1964) thus observes that, “Human attention is highly selective. People learn to focus their attention on those aspects of their environment on which the satisfaction of their (Immediate) needs is dependent.” Research based on this theory is therefore conclusive that when a media organisation is perceived to be biased by either not covering one segment of the population or being unfair to it, the followers of the aggrieved group are likely to shun that medium and its programmes.

In the case of the ZNBC, all the election monitors for the 2016, 2015 and even 2011 elections reported biased coverage of the opposition, who command support from at least half of the country going by the 2016 general election. It is, therefore, plausible to conclude that ZNBC has lost a sizeable audience segment to some private media, which are perceived to be fair and balanced. Hon Siliya, as a media professional, is probably aware of this. The admission of biased coverage was also recognised by former Permanent Secretary Chanda Kasolo, in his media statement quoted by News Diggers on 11 March 2019. Dr Kasolo was magnanimous enough to advise the national broadcaster to address the vice as stated below.

“I was there two days ago. I was speaking to the Director of Programmes and also my good friend who runs the Sunday Interview Mr. Zulu (Grevazio) and I said to them, it’s about time we started improving our outlook and image of ZNBC. We must allow the opposition to come on certain programmes and also out their views. We must allow debate between opposition and ruling party MPs and Ministers. And I know that my honourable Minister (Dora) Siliya is very keen that we do that. We discussed at length.”

Sadly, the perceived biased coverage and loss of audiences hurts advertising too, which is the main and traditional source of revenue for mainstream media. Yet the perceived benefit from coverage that only favours the ruling party has never been sustainable nor always effective, otherwise Dr Kenneth Kaunda and Mr Rupiah Banda would never have been kicked out of power.

On the flip side, the South African Broadcasting Corporation (SABC) covers all the parties equally and fairly yet the ruling African National Congress (ANC) continues to be in power. Lesson: publish and leave it to the audiences – the masters – to judge. They are active and not unintelligent users of the media.

The author is media and communication scholar, research fellow and PhD candidate based in South Africa. He can be reached on: pmbozi5 AT yahoo DOTcom.

The Young African Leaders Initiative – YALI – has clarified that President Lungu’s eligibility to contest 2021 elections settled conclusively by the Constitutional Court which defined what a term of office is and what it means to hold office of President.

During a media briefing at Mika Lodge this morning, YALI President Andrew Ntewewe exclusively quoted page 83 in which the Court stated that “the Presidential term of office that ran from 25 th January, 2015 to 13 th September, 2016 and straddled two constitutional regimes cannot be considered as a full term.”

Mr Ntewewe also said the Court pronounced itself on what it means to hold office twice as stated by Article 106(3) of the Constitution when the Court clarified that a President can only hold office if he served a term of 3 years and above.

He said that page J82 of the Judgment, the Court said clauses in Article 106 cannot be isolated from each other in interpreting the article and that an interpretation of a constitutional provision that isolates the provisions touching on the same subject is faulty.

“Therefore, to state that Article 106 (3) applies to the term that straddled two constitutional regimes but that Article 106 (6) does not, is to isolate Article 106 (3) from the rest of the provisions in Article 106 which is untenable at law, and is at variance with the tenets of constitutional interpretation, as all the provisions on the tenure of office of the President must be read together. The provision regarding the full term must be applied to defining what is meant by twice held office under Article 106 (3) in interpreting the provisions of that Article,” read part of the Judgment

YALI has stated said the mere act of swearing-in a President once or twice does not constitute holding of office but that the length of time for which one was in office of the President determines whether a person held office or not.

Mr. Ntewewe gave an example of what the Court stated on page J78 that “under Article 106 (6) (b) it is now possible for one to occupy the office of President for a
2
period which is less than a full term in addition to two full terms of office. Meaning that a President can be in the office for a total of almost 13 years.”

Mr. Ntewewe said the Court was clear that a President can be sworn into office for 3 times during 13 years and constitutionally to be holding office twice as long as the other period he was sworn in was less than 3 years.

Mr. Ntewewe has since questioned the motive behind State Counsel John Sangwa’s approach and called on him to forever hold his peace if cannot respect the position and pronouncement of the Court, regardless of whether he disagrees with that position.

By James Kasanda Musendeka Lukuku, RPP President

LUNGU PAYING FOR EMBRACING CRIMINALS, YO’BALES AND EXEs. NAIVETY NA LEADERSHIP TAFYENDELANA

Look at the discipleship of the Christ. “I will convert you from being fishers of fish to fishers of men.”

In another verse, God converted a criminal named Saul, renamed him as Paul and entrusted him with a ministry more than two thousand years ago, and that ministry called Christianity still exists and is the way for salvation of man kind.

Edgar Lungu had no capacity, not even willingness to convert criminals that went to him. We can’t say that criminals deserves no chance in leadership, but like the bible demonstrates, criminals must first be converted and then given responsibilities.

Edgar found security in criminals. He found confidence and pride in being worshiped and surrounded by criminals. He gave the whole power of the copperbelt to criminals. He gave copper and all the power of copper to criminals so that they can use crime to defend and protect him.

Not only copperbelt. In central province, he allowed criminals to take up the kabwe black mountain. These are the criminals who followed me in Kabwe high court chambers with guns claiming to have been sent by tutwa ngulube when I appeared for a mention in a case that tutwa sued me. Criminals, following a person inside a high court chamber in broad day light and in full presence of the police.

Lungu embraced Intercity Bus terminus criminals. After assaulting, harassing, and butchering people, these intercity criminals found themselves at statehouse dinning table, from the country’s most respected dinning room.

Even at statehouse, Lungu found pride and comfort in maintaining a criminal named Kaizer, as his adviser for politics.

Kaizer could go round threatening people with open gun shots and beating up people. He then could return to statehouse and find President Lungu waiting and clapping for him.

A government of criminals for criminals and by criminals.

The Price!

Widespread gassing. Hundreds of innocent people have died due to the carelessness of President Lungu. If he listened when we advised him to emulate Mwanawasa, RB, KK and FTJ, the presidents who picked mature people to guide them, we could not have come to this pathetic end. We were called names each moment we advised. President Lungu could laugh wide all his teeth out in presence of criminals who went back to the copperbelt and used his name to commit crimes against people who voted for him.

All issues of the tokota boys are inter-chained and inter-linked to pf youths embraced by Lungu.

Only fools and idiots can pray for continuation in office of such a president who lacks sensitivity.

I have never read about such an insensitive president who could blatantly endanger the lives of the very citizens he swore to protect.

What a pathetic President! Any way bye! How many months remaining by the way!

*James Kasanda Musendeka Lukuku, RPP President*

Pressure has continue to mount to have Speaker of the National Assembly resign following a court ruling Monday.

The Constitutional Court ruled that Dr Matibini violated the constitution by declaring the Roan constituency seat vacant when the matter was in court.

Some Civil Society organisations and NDC leader Chishimba Kambwili who had taken the matter to court have demanded that Dr. Matibini steps down.

Kambwili says though the Constitutional Court could not offer an remedy for what they referred to as fear of creating a constitution crisis of having two MPs for Roan, he has vowed to fight and get what is due to him.

His party, NDC has demanded that Dr Mtabini resigns or be forced out through an impeachment.

The NDC made the demands in a press Statement below:

Speaker of the National Assembly must resign or be impeached

2nd March 2020

Speaker of the National Assembly, Hon. Patrick Matibini must resign or be impeached for: Abuse of office, gross misconduct, Constitutional Violation and Contempt of Court. This is involving the land mark judgement in which the Constitutional Court has ruled against the speaker’s decision to expel Hon. Chishimba Kambwili from Parliament by declaring his seat vacant, thereby triggering a parliamentary by-election.

Hon Patrick Matibini, Speaker of the National Assembly, on 27 February 2019, unconstitutionally declared the Roan constituency seat vacant in a manner that saught to cure his own perceived lacuna. An exercise that can only be done by the Constitutional Court. By doing this, the Speaker breached the constitutional provisions by conferring on himself powers only given to courts and are not prescribed for him.

Secondly, this was in direct contempt of court, when he declared the seat vacant, even when he was fully aware that Dr Kambwili’s court case was pending determination before the constitutional court. This was abuse of his office and gross misconduct. Contempt of court is a punishable offence which can come with a jail sentence.

“In accordance with Article 83 (1) of the 2016 amended Constitutional) which states that a Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the removal of the Speaker, alleging that the Speaker has violated this Constitution or committed gross misconduct”

No individual is above the law, not even the speaker of the National Assembly or the president of the republic of Zambia.The Speaker intentionally failed to uphold his constitutional mandate and oath of office as demanded.

The Speaker exceeded his constitutional powers, and his decision was sub-judice when he decided on a matter that was already in court.

Our demand is that the Speaker must resign or face impeachment proceedings and be prosecuted for abuse of office, constitutional violation and gross misconduct.

Issued by
Saboi Imboela
Spokesperson NDC

Mike Tyson broke down in tears as he opened up on how retiring from boxing has left him feeling like a shell of the man who once ruled the heavyweight division.

The former undisputed world champion hung up his gloves back in 2005 after a 20-year career, in which he won the WBA, WBC and IBF belts, and 50 of his 58 fights.

But 15 years on, Tyson is still battling his mental demons as he struggles to come to terms with the fact he will never compete in the ring again.

Speaking during the latest episode of his podcast Hotboxin’, the Baddest Man on the Planet welled-up as he told legendary boxer Sugar Ray Leonard how he feels about himself – and the man he once was.

Tyson admitted to being ’empty’ and feeling like he was ‘nothing’ because he is no longer the most feared fighter in the world.

‘I’m a f***ing student of war,’ said Tyson, who has battled mental health problems for years, and in January said he had ‘lost the will to live’ at his lowest point.

‘I know all the warriors. From Charlemagne to Achilles – the number one warrior of all warriors – and then Alexander and Napoleon, I know them all. I read about them all. I studied them all. I know the art of fighting, I know the art of war, that’s all I ever studied.

‘That’s why I’m so feared, that’s why they feared me when I was in the ring. I was an annihilator. It’s all I was born for.

‘Now those days are gone. It’s empty, I’m nothing. I’m working on the art of humbleness.

‘That’s the reason I’m crying because I’m not that person no more, and I miss him.’

Tyson remains the youngest fighter to ever win a world heavyweight title, having begun his domination of the division by beating Tevor Berbick in 1986 when he was just 20 years old.

After winning his first 19 fights by knockout, 12 of them in the first round, he developed a reputation as the most powerful puncher in boxing.

Explaining why the discussion had left him in tears, Tyson, 53, added: ‘Because sometimes I feel like a b***h, because I don’t want that person to come out because if he comes out, hell is coming with him.

‘And it’s not funny at all. I sound cool, like I’m a tough guy (but) I hate that guy. I’m scared of him.’

ZAMBIA POLICE STOP PLAYING DIRTY POLITICS WHERE NATIONAL SECURITY IS CONCERNED!!
________________________________________________
Where Is The Masterminder? Who and Where Is The Deputy Masterminder Through Whom The Funds Were Being Channeled As Reported By IG Kakoma Kanganja? Why Isn’t The Zambia Police Telling The Nation The Truth? Are They Conspiring With The Criminals To Cause Civil Unrest? Who did Spax kill for him to be charged with murder?
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HAVE THE POLICE WARNED AND CAUTIONED SPAX OF MURDER OR THEY HAVE CHARGED SPAX WITH MURDER AND HE HAS TO APPEAR IN COURT?? WHEN IS HE APPEARING IN COURT? AND WHO DID SPAX KILL?
————————————————————————–
Anyone who kills his fellow human being in Zambia is charged with murder and other related offenses and must appear in court in due course for possible sentencing. The Police always tells the nation who was murdered? why? when? and where? age and his/her residential address. This is what the Police have done in the past whenever there was such cases of murder and other related offenses.

Today Zambians are being murdered in cold bloods, gassed in their own homes, and terrorised in their own country by people only known by the government of Zambia that includes the Zambia Police, the President, and all Patriotic Front PF officials.

What is of great concern and extreme worry is that the government of the Patriotic Front PF have mocked Zambians and have subjected them to inhuman treatment? How can they claim to know the criminals when they are failing to disclose the truth? When they can’t take the suspects to court? When they are refusing to disclose a political party or person behind these crimes? What does this mean?

Now that the POLICE have arrested the Coperbelt commander of criminals, someone who unlawfully wears Zambia Army Uniforms, brandishes guns anyhow, the Patriotic Front PF have rose to defend him by giving false information to the public. Aren’t they in contempt for giving false information?

CONTRARY TO WHAT WE KNOW, WHAT DO THE POLICE MEAN BY STATING THAT:

1. They have “warned and cautioned” Baba Kabaso Mulenga commonly known as Spax of Chingola on the Copperbelt for one count of Murder which occurred in Chingola on the Copperbelt contrary to section 200 Cap 87 of the Laws of Zambia.

2. Zambia Police Service has further “warned and cautioned” for one count of Unauthorized use of Uniforms contrary to section 6 (i)(a) of the National Security Act Cap 111 of the Laws of Zambia. What’s the meaning of this language “WARNED AND CAUTIONED”?

If Spax is not the Mastermind of the unprecedented killings and gassing of Zambians as being assumed by the people then who is the mastermind of these heinous crimes? The Police has almost arrested all the people who were coordinating these crimes but they haven’t told us the full names of these criminals, their, residential addresses, and who sponsored them to start committing these crimes.

The same police haven’t yet announced the apprehension of a Masterminder of these crimes who Kakoma Kanganja said he was not arrested as reported by Rae Hamoonga. All they are doing is covering up this issue of gassing and killing people and this to me confirms that the Patriotic Front PF are fully involved in these activities.

Honestly speaking, without beating by the bush, the Zambia Police are misconducting themselves and I believe they are issuing and giving false information to the public. They are in full contempt of the people by not giving us the information we demand. This is serious and dangerous for the country.

Now that they have arrested everyone who was involved in the gassing and killing, where is the Masterminder? Who and where is the Deputy Masterminder through whom the funds were being channeled as reported by IG-Kakoma Kanganja? Why isn’t the Zambia police telling the nation the truth? Are they conspiring with the criminals to cause civil unrest?

The contradictory statements that the Zambia Police made in relation to the gassing and killings, what was it about? What’s the motive behind those contradictory statements which came from top Police commanders?

I refuse to be blackmailed and I will not be deceived by the PF and their Political Canals the Zambia Police.

I demand the right information on the suspects of killings and gassing.

Thank You

Castrol Kafweta
Solwezi Central – Aspiring Mp