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Dickson Jere: Debating the Debate – Edgar Lungu 2021

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By Dickson Jere

We are back debating the debate – I mean whether President Edgar Lungu is eligible to stand in 2021. This debate was hot in 2017 and culminated into a protracted court case in the Constitutional Court (Concourt), which eventually settled the matter. So I am not sure where the current debate is coming from especially that the ruling Patriotic Front (PF) is also “debating the debate” when in fact the party was the 2nd Respondent in the matter that was in Concourt.

To simplify the issue – a President of Zambia can only serve two-terms. So to count the two terms, one has to address his mind to the period in which President Edgar Lungu served between 2015 and 2016 when President Michael Sata died. Before the 2016 Constitutional Amendments, a term of office of the President was not defined in the Constitution. So in 2016 “a term of office” was defined as three-years and above (although the opponents argue that that provision was inserted for the Vice President who is running mate). So the question was whether the rule of President Edgar Lungu between 2015 to 2016 can be considered a “term of office” given the definition in the amended Constitution. That was the question which the Concourt was asked to determine. The unanimous position of the Court (Full Bench) stated thus; “….the presidential term of office that ran from 25th January, 2015 to 13th September, 2016 and straddled two constitutional regimes cannot be considered as a full term”. Full stop!

Since 2015 to 2016 was not a “term of office”, it follows therefore that it cannot count for President Lungu. You may not agree with this interpretation of the Concourt but unfortunately it is law for the time being – Judge Made Law – as we call it. So PF should not be engaging in this debate but rather provide copies of the Judgment to whosoever is challenging its possible candidate. PF was party to this case and so was LAZ and the UPND who joined as interested parties. We may not agree with the outcome but we have to live with it. That is reality of our judicial set-up especially the Concourt which has both original and final jurisdiction in such matters. There is no right of appeal! The door was closed.

Lungu will be on the ballot paper in 2021 – PF

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PF secretary general Davies Mwila says as far as the party is concerned, President Edgar Lungu will be on the ballot paper next year.

Meanwhile, Mwila has announced that the ruling party will hold an elective general conference from July 10 to July 12 this year, at Mulungushi Rock of Authority in Kabwe.

He also disclosed the removal of Kitwe mayor Christopher Kang’ombe as Copperbelt Province PF vice-chairman.

Reminded that other stakeholders felt President Lungu was ineligible to contest next year’s general elections, Mwila insisted that President Lungu was eligible.

He said the Constitutional Court made a ruling on the matter, unless one was unaware.

“There was a debate which was going on and these others were saying President Lungu is eligible [while] others were saying he is not eligible. The matter was in court and the Constitutional Court ruled that President Lungu is eligible, unless lawyer Sangwa is a dull lawyer who can’t think, who can’t read the judgment. Even me as a layman, I’m able to understand,” Mwila told journalists at the PF secretariat in Lusaka yesterday.

“The issue which was there is the term of office and the Constitution; if you’ve not served for more than three years, it’s not a term. The Constitutional Court ruled that President Lungu served for less than three years. So, it was not a term. So, he is eligible to stand.”

He added that constitutional lawyer John Sangwa, who argues that President Lungu was ineligible, should not be political.

“We’ll take him as a political opponent. These are politics! As far as we are concerned, President Edgar Lungu is eligible to stand and lawyer Sangwa has the right to take the matter to court. Why is it that he has failed to go to court?” Mwila asked.

“A ruling was made by the Constitutional Court and he (Sangwa) can’t start this matter which he knows that there is a judgment in place. So, if he wants he can go to court again. As far as we are concerned, President Lungu [in] 2021 will be on the ballot paper.”

Sangwa during a public forum last Friday said President Lungu was not eligible to stand in 2021 because he has already been elected twice to the office of President as the law stipulates.

“I hope the President was not quoted correctly. When a president says ‘I will rule up to 2026’, no democrat will ever make a statement like that. No president who respects the constitution, who respects democracy will ever make a statement like that because your stay in power is not your decision, it is a decision of your people and by saying that, you are basically saying that [Electoral Commission of Zambia chief electoral officer Patrick] Mr Nshindano is wasting his time, it’s like the whole system is already rigged unless you are sure that you control these institutions. Statements like that undermine whatever Mr Nshindano is doing,” said Sangwa. “No president who believes in democracy, rule of law and who respects the value of the vote would ever make such a statement, such a president is actually a very dangerous president to democracy…. The bottom line is President Lungu does not qualify to stand for election in 2021. The issue is as simple as that. The Constitution does not talk about the number of years you serve, it talks about the number of times you get elected. The Constitution expects you to only contest and be elected twice, once you have been elected, twice that’s it, you are done and that is the position of the law. What has been misunderstood is in relation to a person who has been a vice-president. One can only be elected to the office of president twice, it doesn’t matter the number of years you serve, you can be sworn in as President twice. You can’t go for a third term, there is no provision for a third term in our Constitution. What will be of interest is what Mr Nshindano and ECZ will do when Mr Lungu files in his nomination papers, we will see what they will do because they have the right to refuse the nomination papers.”

Meanwhile, updating journalists on the resolutions made by the PF central committee meeting chaired by President Lungu at State House on Saturday, Mwila said many issues were deliberated on.

He noted that there was a recommendation from the Copperbelt Province executive committee that Kang’ombe be removed from the position of vice-chairman because of misconduct.

“This matter when it came up, the president of the party, Dr Edgar Chagwa Lungu, had to declare interest and mama Inonge took over and we deliberated on this matter. The central committee resolved or upheld the decision or recommendation from the Copperbelt Province,” Mwila explained.

“So, from Saturday (February 29, 2020), mayor Kang’ombe will no longer be the provincial vice-chairman. He will remain an ordinary member and mayor of Kitwe.”

On the replacement for Kang’ombe, Mwila said: “the provincial executive committee will sit [and] they will do it, in consultation with the secretariat – as soon as possible.”
Asked if the removal of Kang’ombe was all because of him ‘refusing’ to greet first lady Esther Lungu in Kitwe, Mwila responded: “that’s not the charge. The charge was gross misconduct.”

“What happened was that it was in the hall and mayor Kang’ombe was not given a front seat. It was the [provincial chairlady], the first lady and the [Copperbelt] permanent secretary. So, he started protesting in public which brought embarrassment. From there he went and sat at the back seat and when the Bishop started recognising all the leaders in Church, mayor Kang’ombe was called and he went on the phone. He could not stand up so that people are able to see him,” he explained.

“When a function finishes, you are supposed to line up and say bye to the guest of honour. [But] he walked out and instead following the first lady to the presidential guesthouse, he went home. So, we thought that was gross misconduct and he needs to be disciplined.”

Mwila further pointed out that during the meeting, President Lungu emphasised that he had a prerogative to appoint people and once they were appointed, “there comes a time when their contract comes to an end.”

“When a contract is not renewed, it means that the appointing authority want other people to also work in those positions. It is important that all members of the party whose contracts have not been renewed…it does not mean that they have been rejected. They have to accept that other people also can perform those duties,” Mwila noted.

He said the central committee meeting also agreed that the PF general conference would be held from 10 to 12 July in Kabwe, at Mulungushi Rock of Authority.

“This is an elective conference – that is where we are going to elect our presidential candidate and other positions. So, we expect all the delegates to be in Kabwe on Friday and Saturday we’ll start our conference and finish on Sunday,” Mwila said.

Meanwhile, Mwila explained that other issue that was deliberated on was the issue of the Copperbelt Energy Corporation and the Bulk Supply Agreement (BSA) that was expiring this month and: “government is not renewing the contract.”

“But as a party, we have taken keen interest in that the negotiations have taken long. We’ve appointed a taskforce headed by Honourable [Margaret] Mwanakatwe, chairperson in charge of commerce, Honourable Yamfwa Mukanga chairman-elections and chairman-legal Honourable [Brian] Mundubile,” explained Mwila.

“Basically, their role is to ensure that the parties who are involved in the negotiations conclude these negotiations as quickly as possible. Our interest as the party is the 400 workers…. We don’t want the employees to lose their jobs.”

PF MPs, ministers’ conduct deeply disgust Cornelius Mweetwa

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CHOMA Central UPND Member of Parliament Cornelius Mweetwa says PF members of parliament and some ministers deeply disgusted him prompting him to walk out of the house on Friday morning.

Explaining his one man angry walk out of Parliament, Mweetwa said he had no option but to abandon his question because he was “deeply disgusted” with the behaviour of members of parliament of the PF.

He said the MPs include the deputy chief whip, Tutwa Ngulube, who was expected to espouse leadership on the floor of the house but behaves like a cadre from Intercity bus station.

He said he was grateful to Minister of Home Affairs for exercising some level of sobriety in his answers to queries over gassing episodes, which were unprecedented and alien to the country.

He said the gassing needs answers and that his question to Kampyongo was simple.

“And I was putting it to him to say do you agree as a government you have mishandled this issue of gassing vis-a-vis your failure as government to update the nation on a regular basis given the severity and scale of anxiety in the nation on simple issues, we would have expected you, on a daily basis, to tell us the number of incidents of gas attacks that would have happened the previous night or in the present day or previous day, to tell us about the number of casualties involved, to tell us the number of people who would have been attacked, sustained injury or died out of mob action, the number of people who would have been killed by police response,” Mweetwa explained. “Such is simple and basic information which has made citizens realise that there is a veil of secrecy between government and the citizens leaving room for speculation and I gave an example that a day ago a number of people were apprehended who I am sure were part of a consortium that should give a lead to the investigative wings as to who is behind this scam.”

Mweetwa expressed gratitude to the people of Choma for not instituting mob justice on suspects, heeding to his counsel to them not to take to mob justice and that the UPND does not support mob justice because it was illegal.

“Such retribution is illegal and places the perpetrators of mob justice at risk and I have been telling my people on community radio station that if you are found or if you were to be captured on camera and you are just a bystander, you are just watching, you may be innocent but if you are picked, it may take years before your innocence is proven,” Mweetwa said. “I have told them that if you find someone suspicious, take them to police. And I am glad the people actually listened. So in an area called Mboole in Sikalongo Ward, six suspects were caught with various substances and I am told they named some authority which is not my jurisdiction to disclose.”

He challenged the police to disclose who the named authorities who were said to have given blessings to carryout gassing in that area.

“Let the police come out clean. As I was putting across all these points before the house, PF members, including ministers, started passing unwarranted comments, some of them bordering on being childish, coming from ministers and people holding positions of responsibility in the land, at a time like this when the whole nation is looking up to this house to speak the truth and to demonstrate seriousness and leadership because of the events of the moment, [but] you have people passing childish comments on the floor of the house,” Mweetwa said. “I was incensed naturally and I apologise to the nation for displaying such level of disgust on Parliament TV but it’s something that came naturally, because I am a human being. We have a situation in the country where people are losing lives and those who have the mandate to provide leadership, some of them come to the house to begin to show triviality of the matters, therefore, fueling this speculation that it is government that is behind this scam. When people are apprehended, with all the anxiety, them they are laughing around and behaving in a trivial manner. It is the most reprehensible and irresponsible exhibition of low caliber leadership.”

Mweetwa said Zambians must come to terms that they were now paying a high price for choosing an incompetent, visionless leadership that does not look at people’s interest but their own interest.

“And I will insist that my speculation is that they are the ones responsible, let them end this circus,” he said.

He said economy has been gravely damaged as a lot of economic activities disrupted by looting, closure for fear of arriving home late or as a result of gassing.

“I am aware of the looting that happened in Mkushi North where a number of PF officials, including councilors are in custody. We need an update on such things, to say such a number of PF councillors have been arrested by the police for one, two or three of the following offences,” he said.

He said the police could by now have told Zambians the masterminds of the looting in Mkushi North in terms of who staged it, the reasons and why the PF officials were in custody.

“This is the kind of information we need, we can’t have isolated incidents of reporting where you hear three people have been arrested in Chiengi and we only hear it on ZNBC,” Mwtwa said. “We want daily updates. In America there was a shooting incident in Milwaukee, you find that the President and hi factionary, every time they are updating the nation so that the nation I not left to the vagaries of suspicion. This government I failing to fill up the gap and therefore laving the gap for the citizens to fill in the blanks. This is not necessary, we think that this can be done better,” he said. “Why are suspects of gassing not presented before court within 42 hours as per the requirement of the law? That was really what I was asking.”

Mweetwa said he was very incensed by the level of triviality that was being exhibited by the PF.

He said he was very concerned that after 2016 elections “this Parliament is no longer the same, some level of decency and decorum has been lost”.

“Some of the members of parliament who have come to join us, I think in my own estimation, it is my opinion, thy lack the requisite necessities of leadership. Parliament is not like a market or a street where you go and do street vending where everyone can be shouting,” he said.

Mweetwa said MPs must realize that they are providing leadership to the whole country and those in the executive were even leading those in the opposition because they wield “momentarily” the mandate.

He said it was shameful for those in the executive to exhibit unbecoming behavior.
“And I am calling upon the executive to put their house in order and realize that Parliament is not a place to do Kangaroo politics,” said Mweetwa. “Let them not export their PF disorder to this house of the people, the people look up to this house with hope and not hopelessness.”

Zambia under a spiritual war – Doreen Mwamba

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UPND national trustee Doreen Sefuke Mwamba believes Zambia is under a spiritual war that needs sincere prayers.

She laments that Church leaders in the country have become toxic because they cannot sit in one place to guide the nation.

“It is them (Church leaders) who should reconcile before they reconcile us,” Mwamba said in an interview.

She wondered how people could carry out charity work in a society that was so divided.

Mwamba linked societal polarisation to the partiality of today’s religious leaders.

“The Church has taken sides and therefore it cannot speak. I’m saying to the Church enough is enough; take up your role. You are Christians and guide us. Stop being politicians, stop taking sides,” Mwamba stressed. “You are dividing the nation; it is not us as politicians who are dividing the nation but you Church leaders. What is in the country is actually a spiritual war! We have departed from the teaching of God and God is therefore punishing us and if we don’t repent, there will be no repentance.”

She explained that before one became UPND or PF, they were born as Christians.

Mwamba said while UPND and PF supporters were quarrelling on this and that, “at some point we come together.”

“In the National Assembly, we have PF and UPND members of parliament sitting together and even having tea together. [But] this is something that we never see with our religious leaders in this country,” she noted. “When national prayers are called, how come we never see the Church mother bodies’ [leaders] sitting with christians for Lungu? How come we never see them together? They are so disjointed and they will never speak [with] one voice. What is the problem?”

Mwamba underscored that Church leaders needed to urgently and practically resolve their ‘differences.’

“Among the Catholic bishops, there is one or two who is/are very close to the President. So, that person who is close to President Edgar Lungu let him go and say to the President ‘sir, the reason why we are divided is because we have these issues.’ Maybe they have issues with the construction of the House of Prayer; they can harmonise whatever it is and move together as Christians,” advised Mwamba. “I’m speaking as a Christian in the Lenten season; how are we going to pray when we are being killed [by gassing], when we are killing?”

Lungu’s silence shocks Chief Macha

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CHIEF Macha of Choma district has described the habit of falsely accusing anybody of being behind the criminal act of gassing people as nonsense.

“What is more shocking is that the President is mute despite citizens killing each other amidst this criminal act of gassing,” he said. “He should speak to people because that is why we put him there to protect us.”

Speaking when Choma mayor Javern Simoloka paid a courtesy call on him on Wednesday following the incidents of mob justice in the district, the chief said politicians’ pointing fingers at each other irked him.

“The habit of pointing fingers at anybody as the one behind the criminal act of gassing people is nonsense. Why do these politicians point fingers at each other? Let government just find out who is doing this and for what reason,” he said. “We now have a situation where the ruling party is pointing fingers at the opposition and the opposition is also pointing at the ruling party in retaliation. All this is nonsense. Let them just tell us who is behind this and what the motive is.”

Macha expressed disappointment that after more than 50 years of peaceful coexistence, Zambians had begun killing each other.

“I’m very upset because since 1964 we have had no single nonsense that we are seeing now in the country. More than 50 years we were in peace but this situation we are in now of killing each other is scary,” he said.

Macha appealed to people not to kill each other but should collectively fight the crime of gassing.

“We are now killing ourselves, leaving those gassing people. We should fight the idea of gassing people and not killing ourselves. Let police go flat out to sensitise the public about the dangers of taking the law in their own hands. Police must not just sit in their offices and wait to be called that people are killing each other here but must go on the ground to educate the people,” Macha said.

He said the killing of innocent people on mere suspicion of gassing must stop immediately.
The traditional leader urged communities to ensure that all suspects that are caught are handed over to police.

“In the same vein the courts of law also must not take long to conclude matters through unnecessary adjournments because that had potential to defeat the spirit of justice,” Macha said.

“What is more shocking is that the President is mute despite citizens killing each other amidst this criminal act of gassing. He should speak to people because that is why we put him there to protect us.”

He appealed to President Edgar Lungu to address the nation and give assurance.
“I was watching television and I saw the President of Kenya [Uhuru Kenyatta] addressing the nation barely three days of something happening there. That is how it should be,” said Macha.

Meanwhile, Macha ward councillor Choolwe Mubambasu called on the police command in Southern Province to deploy more officers to the area to curb criminality.

“There is too much anxiety among the people because they think that [only] two police officers are not enough to protect them from those gassing people hence the reason now they are taking the law in their own hands on whoever they suspect,” said Mubambasu.
And speaking in a separate interview, chief Mapanza appealed to the government to consider reconstructing the police station in his chiefdom which an angry mob destroyed last week before killing a suspect.

Mayor Simoloka was touring chiefdoms in the district to appeal for calm from the members of the public following the increasing spate of mob justice incidents in the area.

Economy is in deep waters because of selfishness – Bishop Mambo

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CIVIL Society for Constitution Agenda (CiSCA) chairperson Bishop John Mambo says Zambia’s economy is in deep waters because of selfish individuals who have prioritised purchase of arms over investments that can creates jobs.

Bishop Mambo has asked the PF government to “work for the people that have put you there. Bury partisan politics and get to work. Stop mocking us that you will not surrender power because it is sweet.”

He said he agrees with Socialist Party president Fred M’membe’s statement that Zambia is sitting on a time bomb because of the high unemployment and growing poverty that is resulting in increased crime.

The Chikondi Foundation president said Zambia’s high crime rate was emanating from the increased number of jobless people who are prone to be engaged in vice.

Bishop Mambo said Zambians must work together regardless of the political parties they represent and share ideas on how to come out of the bleeding economy.

“It is important to note that as a country we are getting into deep waters and it appears that if we talk about unemployment in Zambia, it is a by the way thing but if you look at the expenditure in terms of billions of dollars going to the police, we have seen more military machines being bought but the question is, is Zambia at war? With who?” he asked. “The expenditure on these things is now going up. More and more military machines are coming in the country. Our military men and women are supposed to guard the borders, which our parents who are still living left us with; the Kaundas, the Mulundikas, the Winas, the Grey Zulus are still living. I wonder what they think if they see the way the country they fought for was going under.”

He said young people were abusing alcohol and drugs because the government has failed to provide opportunities for them.

Bishop Mambo said there was need to prioritise investments that would create jobs for young people.

“When it comes to unemployment, and putting education as a priority we are failing. Why am I saying so? This is a second month, you cannot pay professors, you can’t pay lecturers and yet there is money for by-elections! And you are quick to dance, saying ‘we have achieved’. If you are going to dance for the by-election and that by-election is passes and tomorrow there is nothing to put food on the table, then know that something has gone wrong,” he said.

Bishop Mambo said Dr M’membe’s statement should not be politicised by those in power but should be reflected on for the good of all Zambians.

“So every well-meaning Zambian must say, ‘look we have all what it takes, once we got our independence, our priority was that we create employment and focus on building the country under One Zambia, One Nation. Whether we are in the same party or same church but all that doesn’t matter. What matters is we are all living in this country, Zambia. Let’s put Zambia first,” said Bishop Mambo. “When you are in power we should not just experiment but work for the people that have put you there. Bury partisan politics and get to work. Stop mocking us that you will not surrender power because it is sweet.”

Kenyan lovers discover they’re brother and sister days to their planned marriage

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– Rose Wanjiku and John Njoroge (no their real names) met while doing shoe business and one thing led to another and before they knew it, they were already in love

– However, during family introductions, the worse happened after their parents told them to call off their relationship since they were both brother and sister

– Njoroge’s father had had relations with Wanjiku’s mother leading to her conception thus making them half-siblings

– They were, however, oblivious of their blood relations since they had never seen each other before

Rose Wanjiku and her boyfriend John Njoroge (not their real names) had dated each other for quite some time and felt time was ripe for them to take their relationship to the next level.

Njoroge decided to introduce his lover to his parents in a bid to kick off marriage plans but his folks ordered them to call off the relationship because they were related; they were a brother and a sister.

The woman discovered that her lover was her blood brother during family introductions. Photo: Kameme TV

Speaking to Kameme TV, the lovers painfully narrated how they had to douse their flaming love after they found out that they were half-siblings as Njoroge’s father had had relations with Wanjiku’s mother leading to her birth.

“After I took her for introduction to my parents, I was told my father had another wife and we were thus brother and sister,” Njoroge narrated.

Their hearts were shattered as they had come a long way after meeting in the shoe business when the lady ordered a pair of the footwear from him and the rest became history.

The man met the woman while doing shoe business and their love for each other grew. Photo: Kameme TV.

As blood is thicker than water, the siblings became deeply attracted to each other and an unexplainable love sprung from their friendship.

However, their parents forced them to call off their relationship since in the African culture and of course as Christians, it is unacceptable for brothers and sisters to be married.

“I cannot even fall in love with another person because I am scared he will also turn out to be my relative,” said a distraught Wanjiku.

One would wonder who to blame for this unfortunate incident but a cleric from AIC Rungiri Parish told the Media Max owned TV that parents nowadays have long forsaken the family get-together culture.

A picture of a couple in love. The Kenyan lovers could not proceed with their marriage plans since they were of the same family. Photo: UGC

“Parents should take it upon themselves for their children to know each other and this is only possible in family get-togethers. They should do it even if its once a year so that children can know their kin,” said the cleric.

By Not Paying Workers Pf Is Introducing Modern Slavery

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PRESS STATEMENT

3rd February 2020

BY NOT PAYING WORKERS PF IS INTRODUCING MODERN SLAVERY.

The PF regime has turned this Country into a master and slave relationship, this is after they started disrespecting our labour laws. It’s only a slave who can work without pay and cannot query his master. By not paying public workers PF is practicing modern slavery. PF is abusing workers and killing the tenets of good Industrial Relations which Zambia has been known for.

All sane Zambians know that the PF regime brutality has not spared workers in the Country. Do you remember when Kabwe Council workers were battered for asking to be paid? Would you call that as good industrial relations, where you unleash cadres to beat starving workers? This kind of behavior is only found in the Master and Slave relationship where a whip does the talking. In good industrial relations dialog is key to solving and settling all industrial disputes.

The PF regime has managed to get away with such dictatorial tendencies because we are no longer in a closed shop of one Industry one Union. Such nonsense was not tolerated in one industry one union. You cannot beat someone for reminding you that he is hungry because you haven’t paid him. As the list of unpaid employees gets longer, does it mean that you are going to beat up all those employees you are failing to pay?

Government as the largest employer in the Country must lead by good example and not brutality. The example you are setting as Government will harm the economy. You started by increasing salaries for Civil Servants by not more than 5%. In no time, it became fashionable for all employers in the Country to award salary increments of not more than 7%, copying bad manners from you PF. Yet, some employers remit huge profits outside this Country.

Your carelessness will create a situation where the private sector will also stop paying their employees. Once you create this confusion, shamelessly you will accuse HH and the UPND of being behind that and claim, they want workers to rise against a legitimate Government. What a nonsense that will be, but since you are shameless you won’t see how gradually you are creating this situation. UPND will respect workers rights by paying them on time and promote good industrial relations to achieve the required productivity to take our Country forward and achieve the middle income status.

Percy Chanda

UPND – Chairman for Mines and Freedom Fighter

Top 10 Most Valuable Currencies in Africa 2020

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A country’s currency tells a lot about its economy and living standards of the people. There is a huge misconception that the biggest and most popular nations often have the best currencies; this is false – especially when Africa is concerned.

How do you think the big countries in rank concerning their currency in Africa today? Most people believed countries like South Africa and Nigeria have the most valuable currencies in the African continent.

But actually, it is not. Many other currencies are more valuable, especially from countries, you would least expect. The South African Rand came 8th on the list, while the Nigerian Naira did not make it to the top 10.

Many critics have argued that the dependence of African economies and currencies on America, Europe, and Asia, is the biggest reason for its failure. They advise that African countries must become truly independent and adopt the one-currency proposal of pan-African hero, Kwame Nkrumah.

To help you get a better understanding of the situation, we compiled a list of the strongest currencies in Africa 2020. Each currency was rated against the official exchange rate of the United State dollar today at the time of writing this article.

Pastor Adeboye @ 78: Twenty one facts about him

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Pastor Enoch Adejare Adeboye, the General Overseer of the Redeemed Christian Church of God, RCCG, is clocked 78 today, March 2.

Here are some facts about him

  • He joined the Redeemed Christian Church of God in 1973 after he became born again.
  • He was ordained as one of the pastors in the Church in 1977.
  • He was an interpreter to Pa Josiah Akindayomi who was the founder of the RCCG.
  • He and Pastor Williams Kumuyi used to go receive Bible lessons from Pa Akindayomi at Ebute Meta, Oyingbo, though Pa Akindayomi was an illiterate.
  • He is sports man. His preference is boxing. He actually trained as a boxer.
  • He is the first to have MSc Mathematics of the University of Lagos.
  • He is the first to have PhD Mathematics of the University of Lagos.
  • He is also the first to have three post graduate degrees of the University of Lagos. He worked for two and was awarded one as honorary.

Until he became born again, his wife Folu had her children through Caesarean Section but after he became born again, he trusted God for divine intervention. His wife had her subsequent baby naturally. He is blessed with four children: Two males, two females.

  • He became the General Overseer of the RCCG in 1981.
  • He started his undergraduate degree programme at the University of Nigeria Nsukka but completed it at the University of Ife because of the civil war.
  • He married in 1967, the same year he graduated from the University of Ife. He is blessed with four children.

The controversies trailing him are basically on doctrinal and church issues:

  • He once preached that those who don’t pay tithe will not make heaven. That earned him a lot of criticism.
  • He courted controversy when he declared that he won’t die until he builds a camp site that is as large as Ibadan the capital city of Oyo State.
  • He has also been criticized for saying a man should not marry a woman that can’t cook.
  • He attracted a lot of opprobrium when he said he won’t die until he builds a church auditorium the size of Ibadan.

The 3 by 3 km auditorium of the RCCG is the fifth attempt at building massive auditorium. The first auditorium which has since been demolished was by the express road before it was demolished.

The RCCG under his purview used to be stratified into two camps: The Model Parishes and the Classical Parishes. But recently those two camps seem to have fizzled into one.

  • He came from a poor background. He once said the poor used to call his family poor.

When he left the university for missions he first lived in a boy’s quarter kind of a house in Mushin, Lagos from where God promised to build him a city.

  • The RCCG under his leadership has grown and spread to about 189 countries of the world.
  • He is not the founder of Redeemed Christian Church of God. But he is the founder of Christ Redeemers Ministries. CRM.
  • The CRM is responsible for the schools, hospitals and businesses owned by RCCG.
  • He has several awards and recognitions from all over the world.
  • In 2009, he was named one of the 50 most important people in the world by Newsweek magazine.

PF Central Committee Fires Christopher Kang’ombe As Copperbelt Provincial Vice Chairperson

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PF CENTRAL COMMITTEE UPHOLDS RECOMMENDATION TO REMOVE CHRISTOPHER KANG’OMBE AS COPPERBELT PROVINCIAL VICE CHAIRPERSON

…. as President Lungu declares interest and recuses himself from chairing the meeting on this particular agenda item

Lusaka… Monday March 2, 2020 (SMART EAGLES)

The ruling Patriotic Front (PF) Central Committee has upheld the recommendation by the Copperbelt Provincial Executive Committee to debar Kitwe Mayor Christopher Kang’ombe from the position of Provincial Vice Chairman.

And the Central Committee has resolved to hold the General Conference from 10th to 12th July, 2020 at Mulungushi Rock of Authority in Kabwe, Central Province.

Addressing journalists in Lusaka, Monday morning, on the outcome of the Central Committee meeting held on Saturday, February 29th, PF Secretary General Hon Davies Mwila said the Central Committee unanimously resolved to uphold the recommendation of the Provincial Executive Committee to remove Mr. Kang’ombe from his position.

Hon Mwila emphasized that Mr. Kang’ombe remains a PF member and Kitwe Mayor and that he has the right to appeal the decision of the Central Committee to the party’s General Conference coming up in July.

“When the matter was brought up before the Central Committee, His Excellency, President Edgar Chagwa Lungu declared interest and recused himself from chairing the meeting with regards to this particular agenda item. The President delegated the Chair to Her Honour the Vice President, madam Inonge Mutukwa Wina,” said the PF Chief Executive Officer.

“As Secretary General, I wish to send a very strong warning that the party shall not tolerate indiscipline from its members regardless of their position in the party.”

And the PF Secretary General said all party members are free to contest any position at the forthcoming General Conference to be held at Mulungushi Rock of Authority in accordance with the party constitution.

“In view of the above, the Central Committee has directed the Party’s Elections Committee to conclude the remaining provincial elections by the end of April 2020 in readiness for the July General Conference,” said the SG.

Meanwhile, Hon Mwila has urged UPND Lawyer John Sangwa not to be political as the ruling party will take him on as a political opponent.

He said Mr. Sangwa’s argument that President Lungu is not eligible to stand in 2021 leaves much to be desired as the Constitutional Court ruled on this matter that the Head of State is eligible to contest as he served for less than 3 years between 2014 and 2016.

#SmartEagles2020

MATIBINI WRONG…he exceeded his powers in declaring Roan seat vacant – ConCourt

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THE Constitutional Court has ruled that the Speaker of the National Assembly Patrick Matibini exceeded his powers when he declared the Roan Constituency seat vacant on allegations that NDC leader Chishimba Kambwili crossed the floor.

Meanwhile, the court has thrown out the petition by Kambwili challenging the Speaker’s decision to declare his Roan Constituency seat vacant.

Dr Matibini, on February 27, 2019, declared the Roan seat vacant after Malambo PF member of parliament Makebi Zulu raised a point of order that Kambwili had crossed the floor by being a consultant of NDC which did not sponsor him for the parliamentary election.

Kambwili petitioned the court and cited the Attorney General in the matter seeking a declaration that the purported decision by the Speaker of the National Assembly to declare his seat vacant does not conform with the provision of Article 72 (2) of the Laws of Zambia and as such is not only undemocratic but also illegal, unreasonable, procedurally improper and unconstitutional.

Constitutional Court president Hildah Chibomba on behalf of Ann Sitali, Mungeni Mulenga, Palan Mulonda and Martin Musaluke said granting the relief Kambwili prayed for will not only lead to a constitutional crisis, but will also lead to an absurd state of affairs as it will result in the NDC leader returning to the National Assembly as Roan member of parliament when Joseph Chishala is already serving as MP for the same constituency.

During hearing of the petition Solicitor General Abraham Mwansa argued that the Speaker of the National Assembly acted within his mandate to declare the Roan Constituency parliamentary seat vacant.

But Kambwili’s lawyer Christopher Mundia submitted that where a member of parliament belonging to a party joins another party the Speaker of the National Assembly in declaring that Kambwili crossed the floor based on the case of the Attorney General versus Akashambatwa Mbikusita Lewanika, the particular precedents in so far as floor crossing has been superseded by article 72 of the Constitution and the said floor crossing does not exist anymore.

Mundia submitted that the case cited of Akashambatwa Mbikusita Lewanika of floor crossing was pronounced upon 22 years before the provision of the new article 72 was effected.

He contended that while the National Assembly has powers under article 77 (1), the exercise of such powers must not be done in a manner that contravened other articles of the Constitution adding that the prayer by Kambwili be granted.

In his response the Solicitor General said Article 77 of the Constitution as read with section 24 of the National Assemblies powers and privileges Act of 2016, states that the National Assembly has powers to regulate its practice and procedure.

Mwansa said a motion was raised on the floor of the House and the Speaker of the House was constitutionally mandated to make a decision on the motion to declare the Roan seat vacant.

He said the Speaker properly exercised his jurisdiction as the Court is being invited to consider Article 23 which deals with discrimination. Mwansa argued that matters relating to Article 13 to 28 can only be brought by way of petition or in the High court.

The Solicitor General said it would not have been the intention of the legislature to allow a member of the National Assembly elected by a certain party to join another party and remain a member of the National Assembly, as there are no provisions of the National Assembly that permits duo membership.

He indicated that it was a notorious act that after the Roan seat was declared vacant, elections were held and Joseph Chishala was chosen as member of parliament, if the court declared the decision of the Speaker illegal.

He said such would entail that Kambwili would remain an MP and so will Chishala, and this would create an absurdity and a crisis by increasing the number of MP’s in Parliament.

“We invite the court to pronounce itself with regards to the jurisdiction of the National Assembly on practice and procedure, we urge the court to dismiss the petition with costs as it is an academic exercise,” said Mwansa.

In his response, Mundia said the notion that the petition be dismissed for being an academic exercise is contradictive as the Solicitor General was inviting the court to make pronouncements on matters which have never been pronounced on.

“If it was the intention of the drafters that a Member of Parliament belonging to another party would have been deemed to have crossed the floor by joining another party should have been shown. The lacunas cured by the Akashambatwa case is not applicable in this instance as the legislature should have been alive to the problems emanating from Article 71 of the Constitution. The drafters ought to have known this but left it out,” said Mundia.

Delivering judgment, justice Chibomba said while the Speaker was within his power to respond to the point of order that was raised on the floor of the House, he exceeded his powers when he interpreted the Constitution in order to ‘cure’ the lacuna that he identified in Article 72 of the Constitution as amended.

“We find that the Speaker exceeded his powers as the function of interpreting the law and the Constitution is vested in the judiciary as provided by Article 119 of the Constitution. The interpretation of the Constitution as a legal instrument is the function of the courts, the branch of government whom is assigned the delicate task,” she said.

Justice Chibomba ruled that by ruling as he did, Dr Matibini exceeded his Constitutional power as he strayed and or encroached into the adjudicative function of the Courts of Zambia which are mandated to exercise judicial authority by interpreting the law and the Constitution.

She said the provisions of Article 77 (1) of the Constitution as amended and section 34 of the National Assembly (powers and privileges) Act cannot be relied upon as defence as the Speaker was aware of the court case.

Justice Chibomba ruled that following the point of order and the ruling by the Speaker to declare Kambwili’s seat vacant a by-election for Roan Constituency was held on April 11, 2019 and Joseph Chishala emerged winner and Kambwili campaigned for him, but in his petition he did not mention Chishala making his prayer for a declaratory order falling foul of the principle that the court will not grant a declaration unless all interested parties are before court.

She said Chishala was not a party to the proceedings but he was an interested party and he was not heard, therefore the effect of granting the declaration sought by Kambwili would have the effect of nullifying Chishala’s election as current MP as there cannot be two members of parliament for the same constituency under the law.

“Granting such a declaration will not serve any useful purpose as the seat has been taken by another person,” she said.

Justice Chibomba indicated that the court had no authority to delve into whether or not Kambwili crossed the floor or whether the seat fell vacant as the matter was pending determination before the High Court and it would not usurp powers of the High Court.
“Considering and determining the issues raised under the reliefs sought would amount to this court acting as an appellate court from the ruling of the Speaker. All in all, this petition has failed and is dismissed,” she said.

justice Chibomba ruled that since the matter raised constitutional issues each party would bear its own costs.

VOTE OUT THESE SYCOPHANTS …we need credible leaders to solve the thorny socio-economic problems – Kalala

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WE need to do away with the leadership of a turtle shell and brainless sycophants, says Jack Kalala.

In a statement, former president Levy Mwanawasa’s special assistant for projects monitoring and implementation urged PF leaders to cease trivialising God and prayers.

Kalala noted that the country was currently facing so many complex and thorny socio-economic problems.

“I wish to make an earnest appeal to genuine church leaders and servants of God to urge their members to pray for wisdom to vote wisely next year for credible men and women with brain capacity to take up the leadership challenge of our country.  We need to do away with the leadership of a turtle shell and brainless sycophants,” he said. “Zambia needs selfless men and women in leadership who will be there to serve the people, not themselves. Zambia needs men and women who will work to uplift the standard of living of the people. Zambia needs men and women who will work tirelessly to move the country, using their intelligence, from poverty to prosperity using the resources that God has abundantly endowed the country with. China, South Korea and Singapore have not developed using prayers but their God given intelligence and resources.”

Kalala said it was his considered view “as a Christian not by declaration but by faith and deep conviction in the existence and supremacy of God”, that the national prayer days in Zambia that are politically organised are meaningless and sacrilegious in the sight of God as they are held not to honour God but to serve political motives.

He said instead of promoting love, unity, faithfulness, humility and reflection, those ‘prayers’ were used to promote hate and to gain political mileage by taking advantage of the gullibility of the unsuspecting public, mainly the less privileged of society.

“They are also used to denigrate political opponents. Take for example the prayers that were held on Saturday 22nd February 2020 at Mulungushi Conference Centre to pray to God for intervention to resolve the criminal activities going on in our country. Human beings living amongst us commit these heinous criminal acts. We have the police and other security agencies to deal with them but, instead, we choose to organise national prayers to seek God’s intervention to resolve a purely human problem requiring a human solution,” he noted. “Is it not lack of reasoning capacity and common sense to call upon God to come down to resolve human acts of criminality? What is then the duty of the police and other security wings? Where have we heard in the world that God came down or sent his angels from heaven to arrest criminals who were terrorising citizens in a particular country? Isn’t it training to build capacity of our men and women in uniform that is required, in case capacity is lacking?”

Kalala said if Zambia lacked capacity to resolve the problem at hand, “why don’t we invite others with capacity to come and help us just as we have sent our men in uniform to assist others who lack capacity?”

“Our country is currently facing so many complex and thorny socio-economic problems. If we do not have the capacity to solve these human criminal acts, how do we expect to resolve the complicated socio-economic challenges besetting us?” asked Kalala. “We have many problems in every sector of our society; do we expect God to send his angels to come and solve them for us? What is the use of the grey matter in our heads? Is it for creating prayers and songs only?”

Reform ECZ, ZP and Judiciary before 2021 elections – Sikaile Sikaile

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GOOD governance activist Sikaile Sikaile says it will be suicidal for the opposition to expect fair results in 2021 elections without reforming the Electoral Commission of Zambia, Zambia Police and Judiciary.

He says it will be a tight race because President Edgar Lungu wants to crash anyone who wants to stand on his way by using force.

“I am calling upon all stakeholders such as credible Churches, politicians, civil society organisations and activists to mount pressure in calling for the reformation in the Electoral Commission, Police and Judiciary before next year. Zambians should not feel safe without reformations in these institutions. The manoeuvres by PF are just too dangerous and if we keep quiet, it will be the end of Zambia,” Sikaile said in a statement.

“Intelligence officials have disclosed to us that the chances of the PF returning back in government are quite slim. The information I have been receiving within the Patriotic Front (PF) government is that they, are ready to face citizens if they happen to vote them out next year. My sources within State House have also disclosed that the PF government is currently procuring various military equipment in readiness for next year’s general elections.”

He said such made a sad reading.

“Why should a serious government create such an animosity towards its own citizens? We are aware that tonnes of teargases, and other military weapons have been procured. What is so disheartening is to learn that University of Zambia lecturers have not been paid for months and the PF leadership is busy procuring war equipment like we have a war in progress,” Sikaile said. “Last week, Electoral Commission of Zambia (ECZ) Chief Electoral Officer Patrick Nshindano hinted on how next year’s elections looks like in what he tamed as a “tight race. Facts on the ground are that it will be tight owing to the fact that there will be a lot of intimidation by PF government as they have vowed to remain in power even if Zambians vote them out. This is the real tight race Mr Nshindano ignored to talk about. It will be suicidal for the opposition to expect fair results without reformations in the institutions I have mentioned above.”

He alleged that the PF was also arming its thugs and that “further plans to have PF thugs infiltrated in the security wings by means of giving them uniforms should be stopped forthwith”.

“Liberating this nation should be our goal as citizens of this nation. We need to work as a team of concerned citizens, or we perish together as quiet citizens,” said Sikaile. “Things are really bad more than what you can see outside. PF leadership is not banking on the vote by citizens. Their hope is in the using of force and this is coming to pass as they are procuring weapons to deal with citizens in case they try to retaliate of which is expected. Now is the time to stand firm and defend our country from criminal politicians who want to hijack the nation’s democracy.”

What happened to PF youths sent for training in Sudan, UPND asks PF

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MBABALA UPND member of parliament Ephraim Belemu has asked the ruling PF to tell the nation what happened with their youths sent for training in Sudan.

Belemu said on May 6, 2012, Zambia was greeted by a rather bizarre and worrying story in the Post Newspaper quoting the then PF secretary general Wynter Kabimba to the effect that the PF had signed a Memorandum of Understanding (MoU) with the Sudanese Socialist Party under the leadership of dictator Omar Al Bashir to take Zambian youths to train in Sudan in unspecified disciplines.

He said according to Kabimba, the cooperation was to also work on “external forces.”

Belemu recalled that UPND leader Hakainde Hichilema was even arrested when he raised alarm about that MoU. Hichilema had accused the PF of training a militia group in Sudan.

“To date, the PF has not disclosed the contents of this MoU. Further, as far as the public is concerned, the PF have not renounced or severed this relationship despite citizens raising concerns; or if they have done, can they make it public,” Belemu noted. “At the time of this MoU Al Bashir had already been indicted by the International Criminal Court (ICC) in The Hague for mass murder and gross abuse of human rights. He was behind a self-styled Sudanese outfit called Janjaweed. Janjaweed terrorised Darfur and South Sudan (which is predominantly black and Christian). South Sudan would eventually opt to be a separate state in 2005.”

Belemu, in a statement yesterday, said with the current happenings in the country, “it’s high time citizens got details of this MoU between the PF/Sudanese Socialist party of Al Bashir who is currently in The Hague facing criminal charges against humanity”.

“PF must answer, among others, the following questions: What were the contents of this MoU and can it be made public? How many Zambian youths were trained in Sudan and in what fields/skills of study?” asked Belemu. “How many of these youths are back in Zambia and what jobs are they doing at the moment? Why has the PF been reluctant/refusing/neglecting to renounce or sever this MoU and its relationship with Al Bashir? What was the motivation of sending Zambian youths to train in Sudan when the record of Al Bashar was well known?”

Heckled MP Kabamba forced to abandon funeral speech

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IRATE Kafulafuta residents on Saturday booed and insulted their member of parliament Joseph Kabamba forcing him to abandon his speech at a funeral in chief Chiwala’s area.

But Kabamba said “it was just some cousinship at play” during the funeral by some drunk young boys.

This all happened at a funeral for a PF branch chairman Zelani Kazembe on Saturday.

When the MP arrived, immediately people saw him, they picked up stones, heckled and insulted him.

He was forced to curtail his speech midstream and escorted away by two party cadres before official the end of programme.

“The man was accused of not coming to the constituency from the time he was voted as MP. The roads are bad and it was his first time to appear at a funeral. He is not popular here and not wanted by the people,” a source said.

But Kabamba when contacted said he was not chased out of the funeral.

He explained that it was just a few drunk boys who wanted to cause confusion because of being drunk.

“I went to attend the funeral for our branch member. Our colleague who died was a Muslim. It was just some cousinship. Now these young boys who had powder, even the Muslims found it very difficult to contain the situation. Even when I was called to speak, the boys where making noise. I can just say some young boys who were drunk,” Kabamba explained.

“These boys did not give respect to the funeral procession. Adults were even very disappointed with the behaviour of the young people. A lot of people are so disappointed with the boys. So it is not true that I was chased, no!”

He said the problem of beer drinking needs a collective approach.

“This is a collective situation which needs everyone. It is not only the MP, chief, but all the stakeholders to come up with an approach to ensure that whenever, we gather, we discourage the abuse of beer drinking. We need to ensure that we find a way to teach the young people to stop beer,” said Kabamba. “So right now as we talk I am going to Church, where I was invited and I will talk about the dangers of beer drinking and encourage the Church to do the same.”

Now That Facts About Gassing Is A Failed Project Let The PF Leadership Place Themselves On Defence

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By Stembridge Sikalundu‎

NOW THAT FACTS ABOUT GASSING IS A FAILED PROJECT LET THE PF LEADERSHIP PLACE THEMSELVES ON DEFENCE …

The people of Zambia should not relax and begin their usual lives without a serious reflection of what has been happening in the country, people have lost lives, others continue living with trauma .This has never happened in the history of this country, let’s all focus on the genesis of gassing and the earlier accusations, we thank God the truth always has its way of coming out. Where are the propagandists, who thought they are clever than God.

Zambians should wonder how the office of the president, the police, and other investigative wings failed in their duties to break the silence to inform the nation on the true facts that some PF leaders were behind the planing and gassing of people, information was being distorted deliberately to override the minds of people, fortunately God being on the side of people , the truth is some PF members were proved to be Terrorist cordinators with no human conscious at all . Could it be the reason why the nation was left guessing who was behind these organised crimes.

The PF members were the first to point single fingers at the innocent political rivals, little did they realise the many fingers folded were directive at them, this is the worst political strategy ever to be used by greedy selfish individuals on its fellow citizens ,no one can doubt the extent of this organised crimes , it was initially suspected that those cought were being released after hours, and this was the birthday of justice mobs .it was disturbing to see many arrests that were being done involved prominent senior PF members that came in the spot light. Who else could be behind these crimes?.

The president pledged a bounty of ZMK 250 thousand while his media director, province minister, deputy mobilisation official and a minister in charge on the affairs of the country, were giving misdirected statements suggesting the largest opposition political party was the one involved, how did they engage some members of the ruling party?, how could these people close to president Lungu know without him having this information , these circumstances created an eye attractive view for people to critically analyse what was going on ,to this day president Lungu remains adamant and has kept his volume further lower.

The number of PF members that have been apprehended and interrogated without information coming from govt is sufficient to stop speculations , this reminds all of us how other regimes in other countries have been organising crimes to disturbalise their nation’s to extend their stay in power, unfortunately in Zambia it isn’t the right game to story .it is very disappointing for president Lungu because he can never move with his head high, let’s imagine what the children in schools went through, at the hands of these planned crimes because of political power, it was interesting to listen from govt how gassing stopped being associated to politics, after the plan was failing , indeed Zambia is a Christian nation, every evil force , be it with the leaders they can never stand to haunt the people of Zambia long enough .

These are cases which are supposed to be presented to the international court of arbitration, Zambians should not doubt to remove this heartless govt which has no mercy for humanity, they cried with us yet they knew what they were doing to harm us ,the 2021elections is the point opportunity to vote out a terrorist party and usher a new govt for the people ,the need to repair this country from this distraction done in everything that was established as foundation, means the nation should start all over again. I would like to congratulate Zambians who couraged to ensure they defended themselves from these gassing attacks even when govt was falling to defend us, we are not docile that is the same determination required to defend our votes in 2021, God bless mother Zambia.

I CRY ZAMBIA MY BELOVED COUNTRY

Lungu: The Inglorious Commander-in-Chief

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By Field Ruwe EdD

Where is the Commander-in-Chief?

Zambia is no longer the same heart of a country that was. It has taken the ineptitude of an accidental commander-in-chief to expose one of the most peaceful countries on earth to gas, the most inhumane weapon of mass destruction synonymous with Syria, and to the most gruesome and barbaric South African necklacing, the extrajudicial summary execution and torture carried out by forcing a tyre doused in gasoline around a victim’s chest and setting him on fire.

Let me, the writer, observe a moment of silence for those who have perished in the most horrific attacks unprecedented in Zambian history. In taciturnity, I hear the voices of outraged, horrified, and dumbfounded Zambians asking: How have we allowed this to happen on Zambian soil? What has become of Zambians? What’s going on? Who’s behind this? Are we safe? Where is President Edgar Lungu? No one is more responsible for the gassing and necklacing than Lungu, who is the commander-in-chief. He is the reason the attacks of the past weeks have claimed fifty lives.

Article 91(1) of the Zambian constitution states that “There shall be a President of the Republic who shall be the Head of the State and Government and Commander-in-Chief of the Defence Force.” This constitutional clause, perhaps the most substantial of the presidential duties, has morphed into the very vital responsibility of the president as first responder and chief protector in a national crisis. For President Lungu to let gassing and necklacing, both crimes against humanity, to rear their ugly heads in Zambia is to abdicate the duties of a commander-in-chief.

Screams of agony beyond compare

Gassing and necklacing are the worst acts of terrorism to find their way to Zambia. It is difficult to fathom President Lungu, cabinet ministers, members of parliament, members of the PF party, Hichilema Hakainde, members of his political party, leaders and members of other political parties, and indeed all Zambians, standing around a fellow Zambian, watching him scream in agony, some filming him, taking pictures, cheering, while the boiling tar of a tyre around his neck melts and sears his skin, roasts his flesh, pops his eyes, cooks his brain and heart, and chars his body beyond recognition. Shame on us!

In the same vein, imagine for a moment gassed victims, their spouses, children, your own relatives, sprawled on the floor twitching, convulsing, and foaming from the mouth, their respiratory muscles paralyzed, their lungs producing pulmonary edema, all dying a slow death. That’s what is happening to gassing victims. That’s what gas, the silent fatal killer does. In the hands of ignorant political cadres, gas can cause destruction on a larger scale than conventional weapons. Diffused even in smallest amounts, toxic fumes not only kill in large numbers, but leave tangible long-term impacts upon not only the target, but also those in the vicinity. Consequently, innocent people suffer life-lasting health problems, and babies are born with birth defects.

Not surprising, the recent gassing and necklacing attacks have instilled a foreboding sense of fright and paranoia in Zambians of all ages. The catastrophe has pushed many to the limits of their psychological stress and tolerance. With politics at the core, and an election in sight, the commander-in-chief has failed to recognize the health and psychological impact, gassing and necklacing is having on Zambians, young and old. He can’t see how instant mob justice and toxic gasses have struck a blow to the people’s sense of security, and traumatized a good number. He is the paranoid inglorious commander-in-chief who treats a horrific crisis as a threat to his presidency, succumbs to innuendos, and fails to make the preservation of life as a paramount concern. In the process, he has failed to manage the crisis, and to pay homage to lives that have been lost in the past weeks.

Kenneth Kaunda Master of Crisis Management

Let me, at this juncture evoke the name of Kenneth Kaunda because in my view, he remains the best commander-in-chief and most assertive crisis manager. At his best, KK handled crises, some exceedingly dangerous, as if he was genetically designed to preside over armistice. When Zambia lost 89 miners in the 1970 Mufulira disaster, within hours of the news, Kaunda flew to the scene and watched as rescue teams worked to reach the trapped miners 3,000 feet underground. In all the tragedies and crises, including the Kanyama disaster, KK dashed to the scene waving his white handkerchief and consoling the bereaved and shedding a genuine tear. That’s a commander-in-chief at his best. The difference between KK and Lungu, is what makes the latter a maladroit leader, poor crisis manager, and a pathetic commander-in-chief.
But again it should not come as a surprise. Lungu is generally a lackadaisical president. The truth is that he does not know how to handle a crisis of this magnitude. He is his own worst enemy in a crisis. By character, he crosses the bridge when he comes to it. In turbulent times he treats the first signs of smoke with complacency, and watches from the comfort of his office as it degenerates into an inferno. It is only after fire has consumed a better portion of the country that he raises alarm. It can be stated that since Lungu assumed power he has been caught in a crisis-after-crisis web. Cataclysms tell the story of Lungu’s country: struggling economy, corruption, divisiveness, load shedding, and now chemical spraying of killer gases on fellow humans, and mobs taking the law in their hands, and burning fellow humans with impunity.

Surrounded by wrong people

There have been several calls for the commander-in-chief to address public fear and concern directly on radio and television. The fact that he has not, reflects poorly on Lungu’s press aide Isaac Chipampe, who by now should have lost his job. He is the reason Inspector General of Police, Kakoma Kanganja has become the “commander-in-chief” of the crisis. Unfortunately, all Kanganja can do is to assure the public that his officers are doing their best to apprehend the perpetrators. He can’t, for instance, inform people about their personal vulnerabilities and guarantee them safety. That is the responsibility of the president. It is his duty to ensure assurances of a return to normalcy are relayed to the public in a timely and accurate manner.

The absence of the commander-in-chief on television and radio, has turned the ruling party into the engine escalating the crisis. PFs most dangerous and notorious cadres, Lusaka Province Minister Bowman Lusambo, PF Media Director Sunday Chanda, and State House Aide Kaizer Zulu are chiming in and turning crimes against humanity into propaganda for their selfish gain and the commander-in-chief is helping them. They are not only preaching hate, they are mobilizing it and in the process implicating their own party. Without evidence, heartless Chanda and Lusambo are shrouded in their usual nonsensical and venomous rhetoric, using the crisis for a much more dangerous purpose: to replace logic with paranoia. They are inciting mob justice by dangerously accusing political opponents without irrefutable substantiation. By doing so, they are accessories to crimes against humanity.

State House neurotic aide Kaizer Zulu, the chap who exudes contempt, is also weaponizing fake news that others can employ to harass and attack their opponents. The sycophant Zulu, who delights in the crisis, has resorted to making regular comments on some online media outlets that cheapen the office of the president. To imagine the president is surrounded by tawdry aides working at his behest is hard to understand. Again, this shows Lungu’s lack of vision and poor sense of priorities.

Crimes against humanity

This is no time to play political games. No one in the ruling party should come to the defense of President Lungu. He is wrong—very wrong. Similarly, UPND leader Hichilema Hakainde and other opposition leaders should not become architects, inciters, or support such senseless egregious acts of terrorism. The consequences are dire. The Rome Statute (1998) empowers the Internal Court to investigate, and, where warranted, prosecute and try individuals if the country concerned does not, cannot or is unwilling to do so. This might occur here in Zambia where proceedings are unduly delayed or are intended to shield individuals from their criminal responsibility. Under the Rome Statute, no one, including the president, is exempt from prosecution because of his or her position held at the time the crimes were committed.

The appalling gassing and necklacing attacks that have occurred in the past weeks have forever tarnished Lungu’s legacy and tossed him in the bottom rung of Zambian presidents. Edgar Lungu shall forever be remembered as the inglorious commander-in-chief who was crushed by events that proved too powerful for his own weak leadership and moved the country inexorably into one of the most dreadful and traumatic crises in history. The gassing attacks and necklacing taking place in Zambia are his waterloo.
In conclusion, let me also address all those who love this beautiful country. Politics aside, we must save ourselves and the country or perish. Gassing and necklacing are such serious acts of terrorism that must not find ground in Zambia. We are better than this.

Author is a US-based Zambian multicultural scholar practitioner and author. He holds a Doctor of Education degree from Northeastern University, Boston Massachusetts, U.S.

Open Letter To President Dr. Edgar Chagwa Lungu

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OPEN LETTER TO HIS EXCELLENCE THE PRESIDENT OF THE REPUBLIC OF ZAMBIA DR. EDGAR CHAGWA LUNGU
By Tiyaonse Kabwe
Comrade President,

INTERVENE AND SAVE UNZA PART 2

It was not my intention to repeat this subject to you Comrade President. Neither is it my intention to make a habit of sending you open letters. I am in the afternoon of my life and my resolve is to take a back seat and spend the rest of my days in quiet and peace. However, there are times like now, when there is so much worry that ‘sleep’ becomes illusive.

Comrade President, the University of Zambia needs your assistance. Help by ensuring that salaries are not delayed anymore. Assist by making sure that all outstanding gratuities and pensions are paid without further delay. Help by seeing to it that the institution is adequately funded. Above all, consider requesting for an enquiry to establish how best the University can sustain its operations as a government owned learning institution.

Assist UNZA because is not an ordinary learning institution. It is strategic. It is on an international spotlight. It is the source of our nation’s critical manpower requirements. It is the flagship and torch bearer of our education and training system. Since its establishment in 1965 to date, it has supplied the nation with close to 51,000 professionals across various areas of critical need. Presently, it is graduating an average of 4,500 students per year, in various professional fields. Assist because UNZA is the pride of our nation and a source of hope for the majority of our impoverished citizens

Comrade President, you are probably aware that for the first time in the history of UNZA, its employees have not been paid their salaries for two months now. This situation speaks volumes about how much UNZA’s financial crisis has deepened. Added to this is the sickening issue of non-payment of gratuities and pensions. Some have not been unpaid for almost ten years now, and there is still no hope in sight. A pension is a living wage of one who is in the afternoon of one’s life and past energetic age to fend for oneself. It is a cushion and comfort for a proven, hardworking, patriotic and dedicated worker who embarks upon a wasting life towards one’s death. Scores of people have died without their hard earned cushion. Survivors are hopelessly waiting and nobody seems to give thought to the fact that, the money that was due to them so many years ago, has been so seriously devalued that by the time it is finally paid (only God knows when) its purpose will have been defeated.

Comrade President, I recall that on May 1, last year, you told the nation that the government was determined to maintain the dignity of workers. You lamented over unpaid pension benefits in the country in general and promised that civil servants’ salaries will never again be paid late. Earlier on, the government through then Minister of Higher education had made an unfulfilled promise that all gratuities and pensions will be paid by 2020. I now wonder who on the way is not performing his or her duties and what their motives are for not doing so.

In the Zambia Daily Mail issue February 24, 2020, there is a press statement by the Higher Education Minister that grants to UNZA and some other grant aided institutions have been delayed because the Treasury has had to divert resources into the management of life threatening disasters in certain parts of the country. Comrade President, this statement is not only disagreeable but horrifying as well, because non-payment of salaries is itself a life threatening disaster. Since all human lives are of the same value, should certain lives be deprived of their livelihoods for the sake of saving other lives?

Comrade President, it is evidently clear that UNZA employees’ dignity has been seriously eroded. They feel violated, dehumanized, rejected punished and abandoned. There is no food in most people’s homes. Water bills cannot be settled and supplies are being terminated. There is no money to purchase ZESCO tokens whose charges have so shockingly trebled. Landlords are on people’s necks for non-payment of house rentals in time. Some are being kicked out of their privately rented houses to pave way for those that can pay consistently. Equally, wages for their domestic workers are being delayed. Some are abandoning them for more reliable employers. Others are conveniently being asked to stop work until the situation improves. Children and dependents are wondering what type of bread winners they have. Their school fees are not being paid for. There is no money for fuel. Many a parent cannot drive their children to school any more. Employees who drive to work are now trekking on foot. Those out of reach are being forced to stay at home. Some teaching is not taking place not because there is anyone on strike but because either lecturers do not have transport, or they have gone elsewhere to look for money to feed their families. Most corridors and offices are now dark and disserted by 12.00 hours noon. Primitive accumulation lending (Kaloba) has intensified. Most employees have had no choice but to resort to this self-reinforcing vicious cycle of cut-throat borrowing. Those with debts at commercial banks are being charged penalties for delayed loan servicing, and if UNZA will only pay its workers their January salaries, those who owe the banks will walk away with nothing because banks as business entities will have no choice but to recover the now outstanding two month deductions from a single salary.

Students are bewildered. They wonder when their next lecture will take place and how long it will last. They wonder whether or not in such circumstances their course syllabuses will be completed by the time the academic year comes to an end. They wonder whether or not their parents’ hard earned money intended for their tuition is worth paying.

Comrade President, I have brought this matter to you because I believe that you are the right person to deal with it. I have knocked on your door, because it is said that knock and the door shall be opened for you. I have asked you to step in and help, because it is said that ask and you shall be given, seek and you shall find. I know you can do it, because the authority and power to do so ultimately lies in your hands. I know you can use that power, because you are not only a caring father of our nation, but an alumina of UNZA who in 1981 proudly walked away with a Bachelor of Laws Degree of a rare prestigious meritorious honor.

Yours Faithfully

Tiyaonse Kabwe
C/O University of Zambia, Lusaka.( Tuesday February 25, 2020)
cc Mr. Isaac Chipampe, Special Assistant to the President for Press, State House, Lusaka

We have cheapened State House

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When we saw certain people taking pics with President at State House, some of us cried why the President was being exposed to alleged criminal elements or questionable charaters. I was rebuked of jealousy and envy, so I checked myself and refrained from futher comment just in case my brother’s were right.

This is barely three years on,I hear one of them has committed the worst kind of crimes against Zambians.

Now that association will injure the President though it was just for a day and few camera clicks. The PF have been so careless with such protocols and did not understand the repercussions or the importance; first any pic with the President at State House is endorsement of the character by the President. Secondly the youths start to think that’s the character to adopt… at State House we should be seeing youths excelling in school, banking, legitimate businesses etc . Those who either introduce or introduced the President to questionable characters should be fired.

I with only a debt failed to post a picture with a certain important man, because I figured in future when possibly sued I may embarrass his office. Those are the standards we should have. The interigty of the presidency sends alot of signals and should be carefully watched and guarded.

I am glad the PF mobilisation team have come up with what they are calling National Values and principles (NVP). Finally we have an intelligent person in PF, this will automatically reward their members who are there to serve, are honest, respectful, hardworking and intelligent. The PF causal approach has degraded morals and principle of governance. It has made bad vices to be acceptable in society and those who practice them to be hero worshiped. The villains are powerful and have became heroes, so every youth in PF and beyond PF think that becoming a fool with money is the way to go..

We are grateful finally we have a genius in PF mobilisation, I wish I knew who came up with such a plan. Let’s go back to the values of our forefathers where respect was mandatory for one another, honesty and service a badge on our chests, intelligence and patriotism as the hallmark. Even if we fail to attain them we should pursue such values

Nkonkomalimba Kapumpe

Kitwe District Commissioner Binwell Mpundu with Kabaso Mulenga popurlaly known as Spax the leader of Russian Soldiers and Spax Mining.
President Edgar Lungu, State House Minister Freedom Sikazwe pose for a photo with Copperbelt jerabos the illegal miners who are called small scale miners during political campaigns. Picture courtesy of State House
Zambia’s Vice President Inonge Wina shakes hand with Chingola’s leader of jerabos group (Russian Soldiers) Kabaso Mulenga also known as Spax the director of Spax Mining after donating K100,000 during a fundraising luncheon which was graced by the Vice President for the rehabilitation of Kapalala City market in Ndola
President Edgar Lungu with Jeraboh leaders Spax Mining of Director Kabaso Mulenga of Chingola in cream white suite and Cyme Kalobo aka Kopala Commander at State House when President Lungu hosted them this year in February. Picture courtesy of State House.

Opposition of Bill 10 is a Paid For Regime Change Agenda – Nakacinda

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Member of Parliament Raphael Nakacinda says the current meetings being held were some people are opposing the Constitution of Zambia Amendment Bill number 10 of 2019 is a paid for regime change agenda.

Speaking this morning during the Patriotic Front Interactive Forum, Mr. Nakacinda says some organisations, a clique of lawyers and others were pushing a regime change agenda in the name of ‘Constitution’ concerns.

Mr. Nakacinda who is also Select Committee appointed to Scrutinize the Constitution of Zambia Amendment Bill number 10 of 2019 Chairperson, says it is hypocrisy for the opposition and some individual Lawyers like Mr. John Sangwa and Ms. Linda Kasonde to claim that the current amendments proposed are bad and the Bill 10 should be rejected.

“The voices that were fighting the Constitution process in 2016 today have turned around and are telling us the 2016 Constitution is the best. Madam Linda Kasonde who were among those campaigning against the Constitution process in 2016 today she is the one saying the 2016 is the best” he says.

He adds that “today, John Sangwa wants to project himself as the embodiment of the Law in this country just because he went to UK and inherited some accent … and today wants to be an embodiment of the law. What he said in 2016 was that the Constitution was a disaster but today he is telling us that it is the best.”

Mr. Nakacinda says it is not about the Constitution but about a regime change agenda were some individuals have been paid to speak as they are doing today discrediting the current Bill 10.

“The UPND is on record proposing the reintroduction of Deputy Minister, but today who is signing the loudest saying the country doesn’t need deputy Minister? it’s the UPND. They also demanded for the 50%+1, but what has changed for them to reject this.

“The Siavonga Resolutions were left in the hands of the UPND led by the Lawyer who now wants to contest for MP for some constituency in Lusaka. But all of us as participants appended our signatures on that document because we had all agreed on the resolutions,” he says.

Mr. Nakacinda says it is shocking that they have now turned away and rejecting resolutions that they were party of.

He adds that the amendments under the Bill 10 are holistic as they were agreed on by all political parties and other stakeholders in the country and should be supported by all progressive Members of Parliament and the general citizenry.

“As Select Committee Chair, I am very confident that when it comes to considering that Bill, there are patriotic MPs both sides; from ruling as well as the opposition be it the MMD, UPND, FDD and Independent that will do Zambia proud”.

And on tribalism, the MMD nominated Member of Parliament says tribalism has no place in the country.

He notes that the opposition United Party for National Development (UPND) and its leader, Hakainde Hichilema, have no moral right to lecture Zambians on the vice as they are the ones that hold the tag.

Mr. Nakachinda says there is no way the UPND can stand to condemn tribalism as they are tagged as such especially its leader, Hakainde Hichilema.

The nominated Member of Parliament says if the UPND is to be considered a national party, Hakainde Hichilema should consider stepping down for someone who will be neutral.

“At one rally, the late Munkombwe, MHSRIP, endorsed HH and saying it was time for a Tonga in HH to be President. And Hichilema seemed to be agreeable to it and started what we call in Tonga as kuyabila. HH should have rejected that if he was not in support of the action. HH today has not moral authority to talk about ending the vice because it is in him,” says Mr. Nakacinda.

Asked on internal MMD party matters, Mr. Nakacinda says the Court is yet to make a decision on a matter before it in contestation with the Nevers Mumba camp.

““The matters over MMD have not been exhausted. We have appealed and that appeal is still active in Court. So let him (Nevers Mumba) be patient for the Court to conclude,” he says.

Mr. Nakacinda however says it is arrogance for Nevers Mumba to write to the Speaker of the National Assembly and the Republican President Edgar Lungu questioning his continued stay in Parliament as MMD nominated MP.

He says no one should question the Presidents prerogative as it is only the President who decides who he should work with,” he adds.

“Nevers Mumba is knocking wanting to work with the PF. The good thing is that the Bible says ‘In my father’s house there are many rooms’. Just be honest and say naine ndefwaya ukwingila. You can come we work together,” he notes as the crowd burst into laughter.

Meanwhile, Mr. Nakacinda also asked the Media to help the country by being more professional in reporting especially on the recent happenings of gassing.

“Politicians should not use you with their money for you to be unprofessional or side with the wrongs being peddled. Be professional and bring out the truth so that the country is well informed,” he said.

The Nominated MP has since called for national unity and embracing of peace if the country is to progres

Indeed, PF has lost its social contract to govern

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By Diggers Editor

In 2011 before the PF formed government, the exchange rate was around K7,000 to a dollar (K7 rebased). External total debt was at US$3.5 billion. The PF went to the people of Zambia and said “the country’s economy is in a mess; vote for us, we can fix this”. They put reducing the exchange rate, external debt, lowering taxes and putting more money into people’s pockets on their campaign agenda.

By committing to do this, the PF signed a social contract with the voters, the people of Zambia. This is the reason why the citizens of this country moved en masse to vote out the MMD government of Rupiah Banda on September 20, 2011.

We are here not to insult the Patriotic Front but to remind them that statistics don’t lie. The people of Zambia know how much the price of mealie meal was before PF formed government, they know what the exchange rate was, they know where the external debt stood.

Now, the PF wants to be re-elected in 2021. We are saying, there is no problem with that wish. They have every right to seek a fresh mandate to continue governing. But we are asking them to join us as we look at the issues, the statistics and records of what they have done since they formed government.

You people set your own deliverables and targets to meet, not once but three times. In 2011, in 2015 and in 2016. If we consider Mr Rupiah Banda as a benchmark, how do you rate yourselves against that? Whatever economic crisis we had with the MMD government, you promised that you would do better. So the people gave you an opportunity in 2011, 2015 and 2016. You have been in power for nine years so far. What is your achievement?

Don’t tell us about the roads; those don’t have a direct impact on a university graduate who has no use for his or her degree because there are no jobs in the industries. If you point at the roads, we will also remind you that the roads are from borrowed money, an accumulation of which has brought us to the US$11.2 billion external debt.

If a parent buys shoes for a school-going child for the first time using borrowed money, that cannot be called an achievement, you cannot brag about that. It’s different if you generated income from other means of production. These roads which are still being built have not been paid for, future generations will find us still struggling to clear these loans. Can that be cause for celebration? We don’t think so.

So, without the roads, the question remains unanswered: what has the PF done in nine years to deserve a fresh mandate for ruling this country? We are asking the PF again, why do you want another five years in power?

After 20 years of power, Zambians kicked out MMD because PF convinced them that things would be far better. Are we better at $11.2 billion external debt level? Are imports cheaper at an exchange rate of K15 to a dollar? Are citizens happy with the current inflation rate? Do the youths have more money in their pockets?

To us, this is failure to honour a social contract for governance. Now the Mines Minister likes giving this example when talking about a mining investor called Vedanta Resources whom the government has chased for failing to honour promises. Honourable Musukwa says the company has lost its social contract because they kept making false promises about injecting capital.

How different is the PF from the investor whom they chased from Konkola Copper Mines? To us, Vedanta is actually excusable because that is a private entity. If Vedanta failed, as Minister Musukwa claims, then they failed because government failed to supervise and monitor their activities. If there was a degeneration of production, government allowed it! You can’t turn around and act as if the mine was operating in Congo. If they were not paying taxes, where were you?

Whatever their shortcomings, investors need the protection of government. You cannot be in the forefront of inciting the public to say ‘this company has breached the operating social contract and as such, they will be harmed if they come back’, who told you that? Which miner in Chingola or Chililabombwe said “we want to kill investors who have aggrieved us?” If an investor has done wrong, you take them to court and if found wanting, you can punish them appropriately. But you cannot engage in threats and extra judicial activities.

We are saying to PF that unlike Vedanta, you got elected by the people of Zambia, you are not a private company free to do as you please. You asked for the votes from people and they gave you the mandate to rule, now the people have the right to ask you for a performance appraisal.

Don’t point fingers at investors, you have failed the people of Zambia by lying and stealing from them, you have lost the social contract to govern.

High prices, rising debt signs of failed leadership – HH

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UPND leader Hakainde Hichilema says the increasing prices of commodities and services under President Edgar Lungu’s reign is a definition of a failed leadership.

And Hichilema says the suggestion by ministers that the killing of unarmed civilians is justifiable as collateral damage is callous, thoughtless and irresponsible and must never be accepted.

The opposition leader yesterday posted a compilation of commodity prices in 2015 when President Lungu assumed office and January this year.

According to the compilation, petrol traded as K7.60 in January 2015 but was now

K17.80 as at January 2020, representing an increase of 134 per cent.

The US dollar in Jan 2015 was at K6.45 to K1 but had increased by 133 per cent to K15. 00 in January 2020.

Mealie-Meal, the commodity in January 2015 was costing K68 per 25 kilogramme bag but had increased by 135 per cent to K170 in January 2020.

“National Debt: Jam 2015 $4.7 Billion; January 2020 $11.2 Billion – 138% increase,” reads the compilation.

According to the compilation, inflation was at 7.81 per cent in January 2015 but had increased by 80 per cent to 13.9 per cent in January 2020.

“Numbers don’t lie. This is the definition of failed leadership. #Zambia,” Hichilema said yesterday.

And Hichilema noted that circumstances in which the police deprive life to citizens through use of lethal force as a crowd control mechanism continue to be a matter of utmost gravity and a source of great concern to the UPND.

He said the nation had lost precious lives in the past because of such reckless conduct.

He said the situation should not be allowed to continue.

“The rules of engagement and the principle of proportionality on the use of force by the heavily militarised police on demonstrating citizens have been totally abused to achieve goals, that are not tantamount to the respect of the right to life, and therefore brings to question the real motive behind such aggravated action. This is unacceptable and should never be the norm by the police in their quest to exercise public order, which in our view has been politically selective,” Hichilema said in apparent reference to home affairs minister Stephen Kampyongo who has justified police use of live ammunition to control protesting crowds.

“The excuses being given by relevant government ministers to justify extrajudicial slaughter of unarmed civilians by heavily armed police is horrifying and dreadful and does not meet the barest minimum of acceptable conduct in a democratic dispensation.”

Hichilema said a so-called stray bullet that hits a human target in a sea of unarmed people was not accidental.

“It is purposefully intentional and will always have consequences that are lethal. The suggestion by ministers that the killing of unarmed civilians is justifiable as collateral damage, is callous, thoughtless and irresponsible and must never be accepted. This must be condemned by all peace-loving citizens and must never be allowed to happen again,” said Hichilema.

Elias Chipimo: A reflection on whether Lungu having twice held office as president can run again in 2021

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A reflection on whether President Edgar Lungu having twice held office as president can run again in 2021

Introduction

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

The Argument

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

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

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

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

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

Response to Question 1

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

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

Response to Question 2

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

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

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

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

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

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

Note that the constitution does not say:

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

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

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

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

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

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

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

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

Conclusion

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

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

Elias Chipimo
12 January 2017

CHAGWA IS DONE, HE CAN’T STAND FOR A THIRD TERM…it will be interesting to see how ECZ will handle his nomination papers

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By Agness Changala-Katongo

Constitutional lawyer and State Counsel John Sangwa has insisted that President Edgar Lungu does not qualify to contest elections for the third time as the Constitution clearly bars him from doing so.

And Council of Churches in Zambia (CCZ) general secretary Father Emmanuel Chikoya says Zambia’s democracy is in Intensive Care Unit (ICU) and something should be done about it before it is lost.

Meanwhile, Electoral Commission of Zambia director (ECZ) Patrick Nshindando has disclosed that corporation partners so far approached to help fund political parties to travel to Dubai to monitor the printing of ballot paper have refused to help.

Speaking during a News Diggers organized discussion forum under the theme ‘political violence and the state of democracy’ which featured him, Fr Chikoya and Nshindando, Sangwa said it will be interesting to see how the Electoral Commission of Zambia would handle President Lungu’s nomination papers, because the Constitution was very clear that he did not qualify for a third term.

Sangwa said what would be of interest is to see how Nshindando and Collegues at the ECZ would respond to this when President Lungu goes to file in his nomination papers as they had a right to reject them.
“What will be of interest is what Mr Nshindando and his colleagues will do when hopefully President Lungu files his papers. We will see what they are going to do because they have the right to reject the nomination papers so will see what they are going to do,” he said.

He said the Constitution does not talk about the number of years one has served but the number of times they are elected.

“I know people have various views but here is my view. You see when you read the language of the Constitution, it is very clear. The bottom line is this, President Lungu does not qualify to stand for elections in 2021. The issue is as simple as that,” Sangwa said. “It is the number of times you get elected.”

He said according to the Constitution, one was elected twice and they are done.

“The Constitution only expects you to get to contest or being elected twice. Once you have been elected twice, that’s it. You are done and that is still the position of the law,” Sangwa said. “They have totally missed it.

The Painful Death Of The Labour Movement In Zambia

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By Aaron Chansa (A personal piece)

INTRODUCTION

Between 1972 and 1990,during the dreaded UNIP one Party rule, only the labour movement,the Church and Students spoke for the Zambian people.Trade Unions remained steadfast and fearless as watch- dogs of the interests of their members and interests of all Zambians.Today,the story is totally different.

HISTORY OF TRADE UNIONISM AND THE LABOUR MOVEMENT IN ZAMBIA

By whatever measure, Copperbelt miners played critical roles in the introduction of African trade unionism in Northern Rhodesia,the nation we now call Zambia.The first Union by Africans started on the Copperbelt in 1949.It was called African Mine Workers Union( UMU) and its leader was Lawrence katilungu.History insists that Katilungu had exceptional leadership qualities , superior organizational abilities and unique negotiating skills.Despite his very humble educational background, Lawrence Katilungu had tremendous self – confidence and tantalising charisma.This made it easy for him to mobilise and make the AMU( now Mine Workers Union of Zambia-MUZ) very powerful.Whenever Katilungu spoke,we are told,the whole government shook.

In 1950,AMU and other Unions federated to form the Trade Union Congress(TUC).As expected,Katilungu was elected president of TUZ.As President of TUZ, Katilungu smartly guarded the independence of the labour movement from politics.This too,I must specially note,was one of his achievements as a Union leader .

After ZAMBIA got independence on 24th October,1964,the UNIP Government supported formation of one umbrella body for all trade Unions in Zambia.Through an Act of Parliament of 1965,the Zambia Congress of trade Unions (ZCTU) was born.The birth of ZCTU cemented the vital space of the labour movement in a brand new country ; a country that had no idea of where it was heading in terms of politics and industrial relations.

In 1975,after the ZCTU scathingly attacked UNIP policies and programs,KK forcefully reminded union leaders that the UNIP party was more supreme than any institution in the country.This reaction from Kaunda shocked all Unions and workers in Zambia.I must admit that I am also not sure what the President meant in warning the labour movement.Very shocking warning indeed.Dont forget that at this time ,it was ,,”Party and Its Government( PIG)” syndrome.Kaunda and UNIP were almighty.

F.T.J AS LEADER OF THE LABOUR MOVEMENT IN ZAMBIA

In 1974, Frederick Jacob Titus Mpundu Chiluba was elected as ZCTU Chairman General ( President now), against a very powerful MUZ president,David Mwila.Analysts of trade unionism in Zambia have revealed that the prime sponsors of Chiluba,s candidature for ZCTU presidency were Newstead Zimba and Chitalu Sampa.Before bagging the ZCTU presidency,Chiluba had been President of National Union of Building Engineers and General Workers( NUBEGW).As president of ZCTU,Chiluba displayed rare courage ,charisma and eloquence that saw him become a national spokesman for Zambian workers and a national hero.This heroism ,as fate would have,helped him to become Zambian,s Second President.

In 1981,miners on the Copperbelt went on vicious strikes and this forced KK to ban strikes in the country.Chiluba and Zimba were arrested and detained for three months without trial.Later, Chiluba was invited to accept a very lucrative Government job but he refused.He chose to remain ZCTU President until he was overwhelmingly voted as Republican President in 1991.

TRADE UNIONISM AND THE LABOUR MOVEMENT IN ZAMBIA AFTER 1991

Until 1993,ZCTU was the sole umbrella organization of all trade Unions in Zambia.The law was then changed to allow for Unions to form as many federations as possible.Zambia ratified ILO convention no.87,guaranteeing Zambian employees the right to form or join a Union of choice.This gave birth to the Federation of Free Trade Unions of Zambia ( FFTUZ).The formation of FFTUZ,I recall, brought untold divisions and disunity within the labour movement in our Country.There was a clear tug of war between the ZCTU and the FFTUZ.At one time ,ZCTU supported the breaking away of SESTUZ and the Technical and Trades Lecturers Union(TTLU) from ZNUT.In a similar fashion ,the Bankers Union of Zambia and the Zambia Revenue Workers Union were splinter Unions from Zambia United Financial and Allied Workers Union ( ZUFIAWU).Some of use expected more damage in the labour movement,owing to the spirit of liberalism that had set base in the labour movement.

Even when the labour movement was getting weaker because of splinting and massive divisions,the country still boasted of some great Unionists such as Leonard Hikaumba,Joyce Nonde,Japhet Monde,Yotam Mtayachalo and Roy Mwaba.I vividly remember how Hikaumba and Madam Nonde fearlessly spoke for Zambian workers .At one time ,during labour day,Mr Hikaumba,then ZCTU President, openly differed with Republican President, Levy Mwanawasa over labour issues .That time,one would say that Wokers in Zambia had some hope for better conditions of work because of a fearless labour movement.

Many years later,Zambia saw the formation of dozens of Unions and another federation called Congress of Trade Unions in Zambia( COTUZ).We have seen many Unions breaking away from mainstream Unions while others have disaffiliated from the ZCTU.Infighting in Unions,deep rooted divisions and very weak alliances have characterised the labour movement in Zambia ,in recent years.

The mushroom of splinter Unions after 1990 has brought many difficulties in the way these organizations are operating.Today,many Zambians have given up on trade Unions.Zambians are saying that union leaders have stopped representing interests of members but are representing individual interests.Personally,I totally agree with millions of Zambians who are saying the labour movement in Zambia is dead.

On 24th December,2018,then Labour Commissioner,Chanda Kaziya,revealed that Union leaders were living lavishly ,and that most Trade Unions were not representing their members.Mr Kaziya stressed that there was no justification in Union leaders getting 1000% more money than the workers they were representing.He gave an example of one Union leader who was earning more than K51,000 per month.The former Labour was very correct ,and I think that this kind of abuse must be arrested now and not tomorrow.

CONCLUSION

My honest view is that when you have a poralised and divided labour movement in a country as poor as Zambia ,then industrial disharmony sets in.You are courting trouble for the workers.You are warmly inviting the state to take advantage of the situation and run with all the privileges of being the “big guy” in industrial relations.The good news is that the law allows workers in Zambia to resign from their Unions if they are not happy with their organization.And since the labour movement in Zambia is dead,by all standards ,members of Unions must use their right to leave the unions and use the saved money to buy other important items.

The views expressed in the article above are personal and do not represent any organization.

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UPND MPs were in order to walk out on Bill 10, rules Matibini

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SPEAKER of the National Assembly Dr Patrick Matibini has ruled that the three UPND members of parliament who walked out of the House before Bill 10 could be restored, were not out of order, despite participating in the National Dialogue Forum.

On December 3, 2019, Zambezi East UPND member of parliament Brian Kambita, his Lukulu East and Kapiri-Mposhi counterparts Christopher Kalila and Stanley Kakubo, respectively, walked out of the House out on First Deputy Speaker Catherine Namugala in disagreement to the motion.

This was right before Deputy Speaker Namugala asked the remaining members of parliament whether or not they agreed to the motion, which was still resolved in the affirmative via a simple majority.

But on December 4, 2019, as MPs were debating head number 52 relating to the Ministry of Water Development, Sanitation and Environmental Protection, Deputy Chief Whip and Kabwe Central PF member of parliament Tutwa Ngulube rose on a point of order, asking the Speaker to determine whether or not his colleagues, who had walked out of the House the previous day were in order.

“Thank you, Sir, for allowing me to rise on this important point of order affecting the affairs of this nation. The people of Zambia are aware that there is a very important process that this House is mandated to undertake and that is to approve the Constitution of Zambia Amendment Bill Number 10. Mr Chairperson, we are aware that more than 16 UPND members of parliament participated at the National Dialogue Forum (NDF) and earned allowances at the expense of the people of Zambia. As a House, we are elected to pass laws. Sir, throughout the process, these 16 members of parliament earned allowances, some for more than 12 days and others for more than 17 days. I believe that the people of Zambia elected all of us to pass laws and not to do politics. Sir, when the Committee was appointed to scrutinize the Bill that came from NDF, again, five members of UPND sat on the Committee and earned allowances. Mr Chairperson, we are aware that if an individual is a member of a Committee, they cannot vote against their own Bill, they cannot walkout or even protest against their own Bill. Sir, are the following members of parliament in order not to refund the people of Zambia the money they earned on the pretext that they were helping the government or the people of Zambia to pass the Constitution?” asked Ngulube.

“Mr Chairperson, were the following members of parliament in order to have walked out of parliament yesterday when their report was supposed to be tabled: Mr B. Kambita, MP; Dr C.K. Kalila, MP, and Mr S.K. Kakubo, MP. They were actually five, but honourable Kasonso and honourable Prof Lungwangwa decided to do the correct thing by sitting in the House, while three of them decided to go against the standing orders. These were members of the Select Committee, where they in order? I will now read the list of the members of parliament that participated at the NDF to come up of with the Constitution of Zambia Amendment Bill Number 10. These are as follows: Mr R. Bulaya, MP; Mr L. Fungulwe, MP; Mr S. Kakukubo, MP; Dr. C. Kalila, MP; Ms. C. Kasanda, MP; Mr. T. Kasonso, MP; Ms. P. Kucheka, MP; Mr D.M. Kundoti, MP; Mr. Liefu, MP; Mr V. Lumayi, MP; Mr. M. Mubeka, MP; Mr M. Mukumbuta, MP; Ms. S. Bulyata, MP; Mr. S. Mutaba, MP; Mr C. Nanjuwa, MP; and M. Ndalameyi, MP.”

In his immediate response, Second Deputy Speaker Mwimba Malama, sitting as Chairperson of the Committee of Supply, reserved his ruling to enable an investigation in the matter to be conducted.

And delivering the final ruling after the investigations, Dr Matibini ruled that the affected MPs did not have to refund government for the allowances they drew during the NDF because they participated in the entire Forum.

“Honourable members, the point of order by Mr T. S. Ngulube raises the following issues: firstly, whether members of the UPND, who were part of the National Dialogue Forum, were in order not to refund the government the money they earned as a result of the their participation in the NDF, and two, whether it was in order for the three members of the Committee tasked to consider the Constitution of Zambia Amendment Bill Number 10 of 2019 to walk out of the Assembly when the report was supposed to be tabled in the House. I wish to confirm that all the members mentioned in Honourable T.S. Ngulube MP’s point of order, except for Dr. C.K. Kalila, MP, attended the NDF. Honourable members, as to whether members of the UPND, who attended the NDF, should refund government the money, which they earned as a result of their attendance, you may wish to note that the basis of paying members was their attendance at the NDF as provided by law. In this vein, there is, therefore, no basis upon which UPND members, who attended the NDF, should refund the money because they walked out on the motion to restore the Constitution of Zambia Amendment Bill Number 10 of 2019 was being considered,” Speaker Matibini ruled.

“Honourable members from the outset, let me state that the question that was before the House on the material day and time was whether the Constitution of Zambia Amendment Bill Number 10 of 2019, which lapsed as a result of the prolongation of the National Assembly on August 2, 2019, could be restored on the order paper. In this regard, contrary to Honourable T.S. Ngulube’s assertion in his point of order, the House was not considering the report of the Parliamentary Committee appointed to scrutinize the Bill. Thus, the question whether or not it was in order for the members to vote against their report by walking out did not even arise.”

And ruling on whether or not the three MPs were out of order to have walked out of the House, the Speaker ruled that the lawmakers’ walkout was a means through which they could express their displeasure on an issue affecting the House or the governance of the country.

“As regards a member walking out of the House, I have previously ruled on various occasions that a boycott or a walkout is a conventional means through which a member of parliament can express his or her displeasure on an issue affecting the House or the governance of the country. Honourable members, in view of the foregoing, the members of the UPND, who walked out when the House was considering the motion to restore the Constitution of Zambia Amendment Bill Number 10 of 2019 on the order paper, were, albeit inexplicably so, expressing their displeasure or disagreement to the restoration to the Bill on the order paper. Therefore, the three members of the Select Committee, who walked out during the consideration of the motion to restore the Bill on the order where not out of order. I thank you,” ruled Speaker amidst a rapturous cheer from UPND MPs present in the House.

Bayport Introduces DDACC To Recover Monies, Owing To Govt’s Failure To Remit Workers Deductions

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By Staff Reporter

Bayport Financial Services has introduced the DDACC system to recover money owed to the institution by civil servants, in view of government’s failure to remit workers deduction since mid-2019.

And Bayport is closing several branches across the country, including the Kariba Branch along Cha Cha Cha road, whose last operating day is tomorrow, in an effort to make their operations lean and centralised in light of the harsh economic climate.

Well placed sources in the institutions told Daily Revelation that the company decided to introduce the Direct Debit and Credit Clearing (DDACC) system, where money meant for the financial institution is deducted directly by banks from the civil servants bank account where they receive their pay.

The sources said the financial institution had over 100,000 customers working for the government, and was owed close to K400 million at the last time of checking, saying the lack of government remittances has had a negative impact on its operations.

The sources said as part of an effort to make the institution’s operations lean and centralised, 69 workers had recently gone on voluntary separation, while some branches will be closed, including the one on Cha Cha Cha road.

“Mainly it’s the workers who have served for a long time that have gone on voluntary separation, because even if they had not opted for voluntary separation, management would have come up with compulsory separation, because they really want to make the operations lean,” the sources said.

Government owes Bayport and other financial institutions millions of Kwachas for failing to remit monies it has been deducting from civil servants that got loan facilities from financial institutions.

The Civil Servants and Allied Workers of Union of Zambia (CSAWUZ) has pleaded with the government to release monies deducted from its members and remit it to banks and financial institutions among them, Bayport Financial Services where they acquired loans.
Speaking with Daily Revelation recently, union president Davy Chiyobe disclosed that because of the government’s failure to remit money deducted from its members, some of them had been referred to the Credit Bureau and blacklisted.

He said when the union learnt of government’s failure to remit loan deductions for its members to banks and financial institutions last year, they wrote to then Finance Minister Margaret Mwanakatwe but she failed to address the matter.

“We wanted the minister to show direction but she lamentably failed. She never responded. We tried calling her nothing. No appointment. She lamentably failed,” he complained.
The union urged the government to start remitting the money as this would enable them to access loans which they could not do without.-Daily Revelations

Using ACC To Settle Political Scores Shows How Rotten PF Has Become, Says Panji Kaunda

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By Patson Chilemba

The fact that ruling PF officials are admitting that party members use the Anti-Corruption Commission (ACC) to settle political scores shows how rotten PF has become, says party member Colonel Panji Kaunda.

Speaking with Daily Revelation on the attacks on the ACC by PF Lusaka Province secretary Kennedy Kamba that the commission must be disbanded for being used by party members to settle political scores against each other, and by the opposition to settle scores against ruling party members, Col Panji said if the commission had a problem, then it was emanating from the PF as a party, who had not given it the autonomy to operate independently.

He said the ACC had the right to investigate cases that were brought before them, be it from the ruling or opposition members as long as there were elements worth investigating in the matters brought before them. Col Panji said in the UNIP days there used to be what was called as the leadership code to put a curb on public officials so that they refrained from stealing while in public office.

“It shows how rotten we have become as a party that we are using the ACC to settle scores. It seems that if we agree with what Kamba is saying, we will be doing exactly what MMD did when they destroyed the apparatus such as leadership code and CITAD,” Col Panji said. “It doesn’t mean that every case taken to ACC must end up in conviction. The ACC is mandated to investigate corruption.”

Col Panji said PF leaders must not fear being investigated by ACC and other investigate wings, saying they were actually going against their own manifesto with their attacks, as they were supposed to be in the forefront strengthening and encouraging investigate wings.

“We as a party should give backing to the ACC. We must encourage them if necessary to even investigate the President. As far as I am concerned ACC should investigate as long as citizens take cases to them. If we are fighting for positions in the party and taking matters to ACC, it is us to stop that and not the ACC,” he said.

Speaking with Daily Revelation, ruling PF Lusaka provincial secretary Kennedy Kamba said the ACC must be disbanded because it has failed to serve the wider interests of the Zambian people, as it has allowed itself to be used by politicians to fight their political battles. He said politicians in the ruling party were using the ACC to fight their own enemies, while those in the opposition United Party for National Development (UPND) were also using the Commission to fight members of the ruling party.
“I don’t want to mince my words, they should be disbanded because it (ACC) has been turned like a tool which is being used by politicians to fight political opponents. It is happening in the opposition and it is happening in the ruling party,” Kamba said “This is why I believe and I will continue saying that this ACC must be disbanded because it is not acting on its own, it’s being used as a tool to fight or to bring down other political enemies against each other, be it opposition or the ruling party.”

And Col Panji said information minister Dora Siliya should stop encouraging murder for saying that police should shoot to kill, saying there was nothing in the police training manual that said they must shoot to kill people. He said the only time a police officer could use a firearm was when their life was in danger, and that even then they should only shoot to maim and not to kill.

“Dora Siliya is advocating for murder. You can’t kill someone. It is definitely wring. In most countries police officers don’t even have guns,” said Col Panji. -Daily Revelations