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It’s foolish to pretend all is well in Zambia – Vernon Mwaanga

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mwaanga observed that Africa was going through difficult times.

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

Don’t talk about HH, he’s not involved in your failures, Mwaliteta tells PF

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

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

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

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

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

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

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

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

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

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

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

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

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

Stephen Kampyongo warns PF Members, Police will apply the law fairly on all individuals regardless of the political parties

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

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

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

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

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

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

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

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

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

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

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

Tutwa Ngulube: Why We Need To Amend Article 72 Of The 2016 Constitution

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By Honourable Tutwa Ngulube

WHY WE NEED TO AMEND ARTICLE 72 OF THE 2016 CONSTITUTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I Humbly submit and rest my case.

The Debate Of President Edgar Lungu’s Eligibility Is A Clear Sign That Opposition And It’s Agents Are Scared Of ECL On The Ballot – Nathan Chanda

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

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

COPPERBELT. Wednesday, March 4th, 2020.

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

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

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

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

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

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

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

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

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

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

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

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

Issued by//

PF Copperbelt Media Team

Siliya’s use of Private Station: An admission audiences moved on from ZNBC

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By Parkie Mbozi

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ConCourt paved way for President Lungu to contest 2021 elections, says Andrew Ntewewe

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

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

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

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

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

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

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

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

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

CLARIFY SPAX LINKS TO LUNGU … Zambia deserves explanation on murder suspect’s “intimate” relationship with the Presidency – Sean Tembo

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THE Patriots for Economic Progress has challenged the Presidency to clarify President Edgar Lungu’s links to Chingola-based murder suspect Kabaso ‘Spax’ Mulenga.

On Monday police announced that Spax had been warned and cautioned for murder and also for unauthorised use of military uniforms.

PeP leader Sean Tembo asked the Zambia Police Service to state whether Spax is the mastermind of recent gassing incidents that have been witnessed across the country.

Tembo said one does not need to be a rocket scientist to follow the trail that would consequently point to the funders of the gassing of innocent citizens.

“As Patriots for Economic Progress we strongly feel that the government of Zambia has a lot of explaining to do regarding the issue of gassing of citizens which went on for a couple of months and the people who were behind it, in terms of masterminds and funders of that activity because we saw that was taking place on a very wide scale,” he said. “It was taking place…affected many parts of the country so it is obvious that a lot of money was put into that activity, to fund such a national operation and therefore it shouldn’t be that difficult to follow the money trail to deduce who was funding the activity.”

Tembo noted that there have been conflicting statements regarding the arrested individuals connected to the gassing incidents, with the Inspector General of Police Kakoma Kanganja refuting what former ZPS deputy spokesperson Rae Hamoonga who told the nation that the mastermind had been arrested.

He noted that the period Mulenga was said to have been arrested coincided with the period Hamoonga stated that suspected ringleaders of the gassing incidents had been nabbed.

“It’s on this basis that the state needs to clarify on this matter whether Mr Spax Mulenga is the person who is the mastermind of the gassing incidents and if so, what other charges has he been or the State intends to charge Mr Mulenga with,” Tembo said.

He noted that Mulenga has been a close associate of President Lungu and leaders of the ruling party and was seen in pictures at State House.

Tembo added that Mulenga’s seemingly “intimate relationship” with the Presidency had instilled anxiety among citizens.

“We have also noted a very disturbing trend whereby the accused, in this case Mr Spax Mulenga, is seen in a lot of photographs in the recent past with senior officials of the Patriotic Front including the Republican President, minister like Minister of Home Affairs [Stephen Kampyongo] the Vice president Inonge Wina. It appears that Mr Spax Mulenga is an important PF official although we are not aware of any formal position that he occupies in the party,” said Tembo.

“Going by his access to senior officials including the President where Mr Spax Mulenga is photographed with the President on various occasions including what appears to be at State House, then we believe that the Presidency in terms of the spokesperson to the President has to issue a statement to clarify the links our Republican President has to Mr Spax Mulenga. I believe the people of this nation deserve an explanation from the Presidency so that our speculations and fears that our President is often found in the company of someone who is now accused of murder so that such fears and speculations can be allayed. And that can only happen if there is a clear and concise statement from the presidential spokesperson [Isaac Chipampe] issued on behalf of the President regarding this matter. Otherwise there is a lot of apprehension among citizens in terms of masterminds of these gassing incidents and it is important that clarity needs to be given to the people in terms of links of Mr Spax Mulenga to key members in government as well as the President, key members of leadership of the Patriotic Front.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PF desperate, Lungu doesn’t qualify for 2021 – Kambwili

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CHISHIMBA Kambwili says constitutional lawyer John Sangwa is on spot to say President Edgar Lungu does not qualify to stand in 2021.

In an interview, Kambwili echoed Sangwa’s statement that the court misdirected itself when it
started talking about the length of the presidential term.

“I totally agree with State Counsel, Sangwa that the [Constitutional] Court did not pronounce itself that President Edgar Lungu qualifies to stand for elections in 2021,” Kambwili said. “Actually, the court misdirected itself when it started talking about the length of the presidential term. Nobody took anybody to court to complain about the period of the presidential term. What people went to court for, was the fact that can a President who has been elected twice and sworn in twice, run for office?”

He said according to the Constitution, the answer is no.

Kambwili further said that the clause on the term of office is tied to the Vice-President who has taken over as President when the incumbent is incapable of continue in either death or sickness.

“If the Vice-President is elected, like now under the system of running mate, it simply means that when the President dies, that Vice-President take over. Now when that Vice-President wants to come and run for the office if the period is less than three years, if he wants to come and run, if it was less than three years, he qualifies to run because it is not a term,” he explained. “But if he took office for over three years, three at the helm, four years or five years, then, he is not eligible to run for another term. It does not refer to any President who is elected weather two and half years or three years because under the current Constitution, when a President dies there will be no elections. You simply take over.”

Kambwili said President Lungu was not a running mate to Michael Sata because the Constitution at the time had no provision for a running mate.

“Now, when you take over in those circumstances, that’s where the period comes in. If it is three years and below, it’s not a term. You can run for office another five years but if it is more than three years, you cannot run for office because it will be a full term,” he said. “Now in this case President Edgar Lungu was not a running mate to Mr Sata. This must be understood because the Constitution at the time had no provision for a running mate.”

Kambwili noted that President Lungu was picked by the PF as their preferred candidate and he was elected.

Kambwili further said the PF is desperate to push Bill 10 as they want to remove one cardinal law, which states that anybody can challenge the nomination of somebody who has been nominated to run for President.

“He was elected in 2016 and he has been elected and sworn in twice and so he does not qualify to run for office. The catch here is that PF is desparate to push Bill 10, the reason is in Bill 10, they want to remove one cardinal law which states that ‘anybody can challenge the nomination of somebody who has been nominated to run for Presidency’. You can challenge within 14 days so they want to remove that and say, ‘you can only challenge the results after the voting’. But you and I know that in Zambia and in Africa, once in office, which judge of the High Court is going to nullify the results?” he said. “Which judge of the High Court? It’s only in Malawi and Kenya where these things can happen and not in this country. So why is PF in a hurry to remove the fact that you can challenge the nomination because they know that President Lungu does not qualify and when he files in his nomination in 2021, he will be challenged and once he is challenged and the courts say he is not eligible, it will mean PF will have no candidate because you cannot go back to nominations once the nominations have been closed. That is the thing here, that is the whole reason why PF wants to push Bill 10.”

Kambwili wondered why if President Lungu qualifies to run in 2021, the PF was scared of allowing Zambians to challenge the nomination of a presidential candidate.
He warned Zambians to wake up and see beyond the flowery clauses the PF are dangling stating that Bill 10 remains toxic.

“It’s because they know that once Lungu files nomination, it will be challenged and he will be disqualified and PF will not have a candidate, very stupid! We know these things. We are not stupid. That is why now they have brought chiefs, churches to try and help them push Bill 10. It’s not the issue of deputy ministers. It’s about challenging the nomination. People of Zambia work up, Bill 10 is poison,” said Kambwili.

 

Lungu Paying For Embracing Criminals, Yo’bales And Exes. Naivety Na Leadership Tafyendelana – Lukuku

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By James Kasanda Musendeka Lukuku, RPP President

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

 

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

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

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

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

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

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

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

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

A government of criminals for criminals and by criminals.

The Price!

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

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

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

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

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

*James Kasanda Musendeka Lukuku, RPP President*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lubinda excuses irk magistrate

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MINISTER of Justice Given Lubinda has again failed to testify against his alleged attackers for the fourth time on the pretext that he was scheduled to table the controversial Constitutional (Amendment) Bill no.10 before Parliament on Monday afternoon and needed time to prepare.

But lawyer representing Lubinda’s alleged aggressors Agrippa Malando said it was disheartening that the court was being lied to as there are no Parliament sessions on Monday.

Lubinda’s continued excuses irked chief resident magistrate Lameck Mwale, who indicated that justice should be balanced and not work one side.

Magistrate Mwale then ordered the State that the matter stands down and the arresting officer be summoned to take stand to testify in the case.

This is in a matter where Mambwe, a driver, is accused of assaulting Lubinda, and jointly charged with Patrick Mubanga, Major Chansa, Moses Mulenga and Goodson Mwange, who are businessmen, for proposing violence against Lubinda on July 12, 2019 by saying “we will beat you next time you step your foot in Kabwata market”.

When the matter came up for continued trial, State prosecutor Stuyvesant Malambo sought an adjournment as Lubinda was unable to avail himself before court.

“The State is not ready to proceed, the witness we lined up is unable to come, he is scheduled to attend to Parliament session, he is representing a Bill, and needs to prepare,” Malambo said.

Malambo was stopped by magistrate Mwale saying Parliament sessions were always in the afternoon except on Friday when sessions commence in the morning.

Magistrate Mwale asked Malambo which Bill Lubinda was expected to present, to which he responded “Bill no.10”.
He applied for adjournment as Lubinda would be available after two weeks.

In response, Malanbo said Lubinda had been advancing flimsy grounds for not availing himself before court for more than two occasions and that he considered them as lame excuses.

” Parliament does not sit on Monday, we find it unfair that the court can be subjected to such lies. The liberty of my clients is at stake, they move in the community as accused persons. The State has an option to do away with the witness who seems to be always busy and ask the witness before court to take the stand so that it can close its case,” Malando said

In his ruling, magistrate Mwale said the arresting officer should testify in the matter.

” We agreed last time that the arresting officer proceeds to testify today. We need to make progress, the witness (Lubinda) complained to the police but he is failing to prosecute his own case. I will stand down the matter for 30 minutes, let the arresting officer take stand, justice should be balanced, it should not work for one side, it should work both sides,” ordered magistrate Mwale.

When the matter resumed, the arresting officer, Lewis Mwila, testified that Lubinda had lodged a complaint at Kabwata police station indicating that he had been slapped but he could not identify who assaulted him.

He claimed that he opened a docket and the complainant led him to Kabwata market to investigate the matter and with the help of his informers and other officers, he apprehended Martin Mambwe from Kamwala market area.

The arresting officer said that when he went to the market the situation was calm.

Mwila claimed Mambwe led him near to Kamwala’s Luburma market and he apprehended Mubanga, Chansa, Mulenga, and Mwange and he took them to Kabwata police station.

He said during interrogations under warn and caution, the accused said on the material day they were in the market but did not participate in Lubinda’s slapping.

He said to be sure, he assigned another officer to conduct an identification parade and Lubinda and Dominic Nsokoshi identified the accused, alleging that Mambwe who took the second position was the one who slapped Lubinda.

Mwila added that he charged Mambwe for assault, occasioning actual bodily harm and jointly charged him with his co-accused for proposing violence.

He explained that he charged Mambwe’s co-accused with proposing violence because they were among the violent group and further alleged that Mambwe told him that his co-accused were part of the group.

The officer said the five denied the charges levelled against them voluntarily.

In cross-examination, Mwila was asked what the accused did or said that amounted to proposing violence to which he claimed that one of the accused said ‘chi Lubinda uli wa oyo’ (Lubinda you are useless).

He denied having a list of names of the people who allegedly assaulted Lubinda neither did he ask Mambwe to help him identify the said suspects.

Mwila failed to describe Lubinda’s body part that allegedly sustained body pains saying he did not witness the incident.

He confirmed that Lubinda was not pushed to the ground or tossed around by the accused

Trial continues on March 30.

Pressure mounts for Speaker Matibini to resign

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

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

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

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

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

The NDC made the demands in a press Statement below:

Speaker of the National Assembly must resign or be impeached

2nd March 2020

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

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

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

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

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

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

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

Issued by
Saboi Imboela
Spokesperson NDC

Mike Tyson breaks down in tears as he admits he is ‘nothing’ without boxing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Zambia Police Stop Playing Dirty Politics Where National Security Is Concerned!!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank You

Castrol Kafweta
Solwezi Central – Aspiring Mp

IMPEACH MATIBINI…and pay me all my dues – Kambwili

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By Oliver Chisenga and Mwaka Ndawa

CHISHIMBA Kambwili says Speaker Patrick Matibini should have been strong enough to withstand the nonsense of political interference.

The NDC leader says Dr Matibini should be impeached following his breach of the Constitution after the Constitutional Court ruled that the Speaker exceeded his powers when he declared the Roan Constituency seat vacant while ruling on a point of order raised by Makebi Zulu.

The ConCourt found 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.”

It also said 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.

Reacting to the ConCourt ruling, Kambwili said Parliament would have to pay him his dues up to the time his term of office would have come to an end.
He said the Speaker was wrong when he again ruled on a matter that was still active in court.

Kambwili said Dr Matibini should be removed in accordance with article 83 (1) of the of the Constitution.
The Constitution in Article 83 (1) states that a member of parliament, supported by at least one-third of the members of parliament, may move a motion for the removal of the Speaker, alleging that the Speaker has violated this Constitution or committed gross misconduct.

Kambwili, the former Roan PF member of parliament, said only two grounds warrant removal of a speaker and rightly so should be impeached.

“The issue of the breach of the Constitution by the Speaker calls for impeachment. I know the Speaker was under pressure from PF and what he did was wrong. Unfortunately, it was done by a speaker who was a judge,” said Kambwili. “I had written to them that they have to pay me all my dues as if I had clocked five years but they did not respond. So now I have to see the next course of action. I did not cross the floor but he acted when he knew that there was an active matter in court. I demand an apology from him. He should be removed, let him do what he did to others. If he removed me, why can’t he be removed? He should be impeached. I hope the members of parliament can be magnanimous enough to just impeach the man because as Speaker you have to be strong to stand the nonsense of interference but he opted to act to the interference.”

Yesterday, the Constitutional Court ruled that the Dr 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 could 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.

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.