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.

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.

For feedback, positive or negative,
kindly text or call the author
on 0979 552885.

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.

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

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