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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Hon. Bowman Chilosha Lusambo

MEALIE MEAL SHORTAGES: PURELY ARTIFICIAL AND MAN MADE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

#NoThirdTerm! #GoBack!

Saviour Chishimba
UPP PRESIDENT

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

#Kululazambia!
#OrganisingForChange!

PRESS STATEMENT

15th March 2020

STOP THREATENING STRIKING WORKERS; JUST PAY THEM.

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

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

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

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

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

Percy Chanda

UPND – Chairman for Mines and Freedom Fighter

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

“Open Letter to Youth in Zambia

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

The stories/agendas that take wind are

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

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

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

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

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

On the Current Government:

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

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

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

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

Thank you.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PAMBASHE PF member of parliament Ronald Chitotela says the ruling party is destined for victory again in 2021 as its preferred candidate, President Edgar Lungu is still popular and will win by over 70 per cent.

And PF deputy secretary general Mumbi Phiri has challenged the Zambia Police Service to ensure that they arrest anyone involved in violence ahead of the 2021 elections.

Meanwhile, Geoffrey Mwamba has assured the country that government will ensure mealie meal prices are brought down in the next two months to.

Speaking at a PF youth rally to mark this year’s Youth Day celebrations in Lusaka yesterday, Chitotela who is also Tourism and Arts Minister said those insisting that President Lungu was not eligible to contest next year’s elections were just scared.

“I want to say this to Madam Mumbi Phiri; there is this one person that has taken it upon himself to make sure that President Lungu should not stand in 2021, but tell him that for us in PF, we are not going to have leadership change. Our President is Edgar Chagwa Lungu. So tell that gentleman [State Counsel John Sangwa] that he’s just making noise because we won’t change our candidate as PF. So if there is something fooling him, we as PF supporters from Pambashe will write a petition to say our President is Edgar Lungu,” Chitotela said.

“And we want to also appeal to the Central Committee to open nominations for the party Presidency immediately [Provincial] elections are done so that we can see those that are ready to challenge the President. The elections for President Edgar Lungu should happen before we go to the convention. The people in Pambashe gave me this message for the central committee that nominations for our Presidential candidate should start in May and be completed by 30th May so that in June, we would have known those who would like to challenge President Lungu. We want to see what those people are made of.”

Chitotela said the ruling party would not be changing its Presidential candidate just because some people were scared of him.

“They are telling us to look for another candidate, that President Lungu is not eligible. But they’re not supposed to be celebrating if Lungu is not eligible. Why are they so worried? If there is one person they (those opposing) are scared of, from North to South and East to West, is President Lungu. They know that President Lungu on the ballot paper in 2021 will win with more than 70 per cent. That is why they have risen the way they have baleti teti eminine (he can’t stand). But if he is not supposed to stand, shouldn’t you let him go ahead with the nominations so that he gets rejected properly? Why are you scared of him? It’s because you know very well that he will win,” said Chitotela.

Speaking at the same event, Phiri who was the guest of honour at this rally challenged the police to end violence in the country by arresting anyone involved in the vice.

“Dear youths, if you really know what you want, say no to being used as tools of violence. If anybody comes to you and asks you to engage in violence, tell them to go and bring their own children. I also want to challenge the police; the President who is your Commander-In-Chief has already directed you to act on people who are doing violence. The President has told you to arrest wrong doers; please don’t wait for anybody to give you instructions because the powers are in your hands,” said Phiri.

Meanwhile, Mwamba who is the party deputy chairman for national mobilisaion told Zambians that mealie meal prices would start reducing in the next two months.

“Don’t just to listen to PF who are saying ‘we need regime change’, regime change because of what? What has gone wrong? We know the economy is not doing very well. But it’s not only here [in Zambia]. For us who move around, just today the South African Rand has hit R16 against the US Dollar. Our Kwacha is also around K16. But just compare, which country is more advanced between South Africa and Zambia? But our currencies are at par; can’t you surely clap for President Lungu for what he’s doing? Then this issue of mealie meal, let me promise you, within two months, mealie meal prices are going to come down,” said Mwamba.

Twenty twenty-one Presidential candidate, Kelvin Fube Bwalya, has advised President Edgar Chagwa Lungu not to be trapped by some people that are telling him that he is eligible to contest the 2021 presidential elections.

Discussing the Rule of Law on Prime TV live debate last night, Mr. Bwalya, who is commonly known as KBF, appealed to President Lungu to be wary and not to be cheated and used by some deceitful lieutenants who are pushing him to go for his third time presidential contest.

The prominent Zambian Lawyer and political strategist warned that doing so would be going against the republican Constitution.

He agreed with two other discussants, John Sangwa and Mulambo Haimbe, both lawyers, that President Lungu is not eligible to stand for elections in 2021 because he has already held the office of the presidency twice and elected to as President of Zambia twice as the Constitution prescribes.

Mr. Sangwa is a Constitutional lawyer and law tutor, while Mr. Haimbe is a practicing lawyer and parliamentary aspiring candidate for Lusaka Central constituency on the United Party for National Development (UPND) ticket.

The trio humbly appealed to President Lungu to respect clauses of the law of the land, which he personally accented to.

Mr. Bwalya further wondered why some learned lawyers would mislead the public by suggesting that President Lungu never held office after his election in 2015.
“President Lungu represented Zambia at international fora as republican President many times. So, why should someone argue that President Lungu did not hold office,” Mr. Bwalya wondered.

He warned that those insisting that President Lungu never held office could land the President into serious trouble with the law.
“If you say President Lungu never held office, are you saying he deceived the people of Zambia when he was representing us on international assignments? Let’s be serious when we are discussing national issues,” he warned.

Meanwhile, Mr. Bwalya reiterated his respect and love for President Lungu.

“My opinion on this eligibility issue is based on facts and respect for the rule of law. I have nothing against President Lungu. He’s my President and older brother. But all am saying is that the law does not permit him to stand for the third time because he has already been elected twice and held office twice,” Mr. Bwalya said.

Mr. Bwalya said the PF was still a viable political party and had done remarkably well in some aspects of national development. He, however, noted that the party needed a change of leadership to win the confidence of the people if it were to win 2021 elections.

“I have traversed the country and I know what the youth are saying. They are calling for new leadership of the party if we were to retain political power in 2021,” he said.

And Mr. Sangwa said he was not being political or partisan in expressing his strong opinion that President Lungu is not eligible to contest the 2021 presidential elections. He said his interest was to ensure that the rule of law was respected by all, including the President.
“Rule of law simply means no one is above the law. Not even the President. The Zambian law says if you have held office twice and elected twice, you are not eligible for a third time, period. Nothing personal. Even if it were another person, not necessarily Mr. Lungu, the law would still apply,” Mr. Sangwa observed.

Mr. Sangwa also thanked the PF Government and President Lungu for allowing free debate on the eligibility issue and Bill 10. This, he said, was as it should be in a democracy.

And Mr. Haimbe said the PF risked not having a candidate for 2021 presidential elections if the insisted on the candidature of President Lungu.

The UPND member said the opposition party would be so glad to partition President Lungu’s nomination because the incumbent is barred by current law.

Trade Expert Trevor Simumba has predicted that a third force will emerge in Zambian politics If Hakainde Hichilema and the UPND fail to up their game and provide a visionary roadmap towards 2021 elections.

Mr Simumba predicted that a third force will arise in Zambia that will bring together all the disgruntled upright Zambian citizens from progressive members of PF, UPND and MMD if the UPND fails to up its game.

He charged that there is no sane right thinking Zambian today that believes another five years of President Edgar Lungu is the best option for Zambia.

”Everyone agrees he has been the worst President of this country supported by cowardly selfish corrupt Ministers and civil servants that have completely run down the treasury and the economy of Zambia,” Mr Simumba said.

”However, the longer UPND fail to galvanise a new leadership team around HH the more likely we will see a similar movement as we had in 1991 arising from the ashes and choosing a single candidate with the best chance of defeating the incumbent ruling party. You do not need to be a seer I to prophesy.“

He said Zambia is in serious jeopardy and there are many in PF and UPND that see the coming implosion if the country continue on this path.

“I say to those of my friends and relatives especially in the PF remember the courage of the late MCS, get out of your comfort zone and show your patriotism to the nation of Zambia. MMD get back to your ideals and unite for the sake of Zambia.“

Mr Simumba said Zambia needs a credible balancing third force in the country.

“UPND, Zambia needs a vibrant strong opposition that is focused on transforming the lives of all Zambians not just focused on making HH President. We are in deep trouble this is not a time for personal egos it is a time for genuine leadership to rise to the occasion.“

He added, “I know that RB, ABC, VJ, Magande and many other Zambian leaders who I know personally and have discussed issues with them before, are not happy with the current status of Zambia. Only Uncle VJ has spoken publicly the others are still talking quietly at their golf clubs, homes and churches. Stop it. Without real action you will doom this great nation of Zambia to disaster in your lifetime. Come out and speak truth to power.“

”Everyone including his own cadres know that President Lungu has failed and he must bow out peacefully and ensure the Zambian people have a free and fair election to make their choice. We cannot continue in this manner,” he said.

GOVERNMENT Chief Whip Brian Mundubile says whether or not Bill 10 is enacted, President Edgar Lungu is standing in 2021 because he is eligible.

And Mundubile has asked citizens to abandon the debate on President Lungu’s eligibility and concentrate their energies on much more productive things like contributing positively to the development of the country.

In an interview, Mundubile wondered why constitutional lawyer John Sangwa State Counsel was still advancing the same arguments which the Constitutional Court disagreed with during the President’s eligibility case in 2018.

“Those assertions are not true! We all know that the questions of President Lungu’s eligibility were settled in the ConCourt and I think that ruling is out and people can have recourse to it and understand what the Court has said. I think what was an issue that time was whether the time that the President served from the 25th of January, 2015 to September, 2016, as a term. That was what had to be established, and if you look at what was said in that judgement, clearly, that argument was put to rest. So, I don’t think that our focus has been on that particular matter. It, therefore, is not true that we are trying to bring up Bill 10 to make the President eligible when he is not because, according to the ConCourt judgement, he’s actually eligible,” Mundubile argued.

“Allow me to read part of the judgement. It says, ‘…it, therefore, follows that in the current case, the term served, which sits as tried to the pre and post-2016 Constitutional amendments and having looked at the intention of the legislature as we’ve done and the holistic approach we have taken in interpreting Article 106 of the Constitution in its entirety, our answer to the question that we have rephrased is that a Presidential term of office that runs from 25th January, 2015, to 13th September, 2016, and straddled two Constitutional regimes cannot be considered as a full-term…’ So, the question was whether he served a term or not; if he had served a term between 25th January, 2015, and 13th of September, 2016, and coupled with the current term, it means he would have served two terms, in which case he would have been ineligible. Now, the fact that the first question was answered not to be a term, it only goes to show that he has only served one term by the end of this term and, therefore, the Court didn’t even find it necessary to answer the second question. So, maybe that is where senior Counsel (John Sangwa) is trying to confuse people!”

Mundubile asked Sangwa to accept the ConCourt judgement as final and move on from President Lungu’s eligibility, saying there was no need for him to try and appear as a champion at “lesser platforms” when he failed to argue his points in court.

“I think the Court was very clear by the very fact that the Court ruled that the President didn’t serve for a term, it means that, that term doesn’t exist. So, I think there is no need to confuse ourselves on that because if you read the full judgement, you will realize that all the arguments that John Sangwa’s advancing now were also advanced in court and the Court didn’t agree with him. So, I think it’s not exactly prudent for him to find lesser platforms to try and advance the same arguments when you took them to court and the Court didn’t sustain you. You can’t then get the same argument and go to a lesser platform like the media where nobody is going to question you then you become a champion. I think that it was easier to become a champion in court by winning the case. So, when you lose a case and the courts don’t sustain your argument, it’s prudent to just accept and move on,” Mundubile added.

He urged citizens to ignore President Lungu’s eligibility issue and focus on developmental matters.

“If you look at some of these discussions, they’ve overshadowed everything else for the past five years and I think it’s not progressive. Let’s not position ourselves as a people that have nothing to do, people that will just want to pick on dead stories and revive them for purposes of relevance! I think we can be relevant in many other spheres that can contribute to human development. But if we are going to pick on dead topics, topics that have been resolved and want to appear as champions because there is no one to challenge us at that particular platform, I think it won’t help us in any way. I feel that this country is facing a number of challenges where many intelligent Zambians that we have, like State Counsel John Sangwa, can apply their minds and contribute to the development of this country. I think at individual-level, let’s begin to ask ourselves: ‘what am I doing to improve the livelihoods of people even in my private capacity? So that whatever we do every day should point in that direction. But if we are going to employ negative energy day-in, day-out, I think that posterity will judge us. Let’s not forget that our children are watching,” said Mundubile.

The debate on whether President Edgar Lungu qualifies to contest in the 2021 elections has put Zambia’s respect for the rule of law to test, reports Zambian Eye Correspondent.
President Lungu’s Patriotic Front party has resolved to have him as its sole presidential candidate for the much anticipated 2021 polls.

The matter was subject for discussion in a televised programme yesterday (12th March 2020) and constitutional experts unraveled the matter.
During the phone-in session of the programme many callers were asking as to what the country’s constitution say regarding the issue.

Conditional Lawyers maintain that he is no longer eligible, after having had been voted into the office of the president on two occasions.

After the death of President Michael Sata in 2014, Lungu was nominated as the PF Presidential candidate for the 2015 by-elections to determine who would finish off Sata’s term.

He won the election and was sworn into the highest office of the land on 25th January 2015.
He was then elected (again) for a full term in 2016, and assumed office on 13th September 2016.

According to law experts, on the technicality of having had been elected twice, Lungu does not qualify to seek a third term in 2021.
Background of the matter, political commentator Brebner Changala once told a local publication the other day, that the ruling party should search for someone who is eligible to contest in 2021 on its ticket.

He said the PF is misguided in thinking that Lungu qualifies banking their argument on a Constitutional ruling saying the very judgement they are basing on does not clearly states that Lungu is eligible.

According to the judgement whose verdict the PF is basing on, a president may only serve two terms. But, sections of the Constitution state that a third term of less than three years served as stand in president do not amount three terms and only applies to a Vice president who assumes office in an event of a vacancy.

The court could however not give ruling in the case of President Lungu who was not Vice president. It just interpreted what constitutes a term of office. That a person can occupy the office of the president for a period which is less than a full term (less than 3 years) in addition to two full terms.

In that regard, a person can take over an unexpired term and as long as the person do not serve more than three years in that unexpired term, it is not regarded as a full term which applies to the Vice president.

Meanwhile, Constitutional lawyer who has ignite the debate after a ConCourt ruling John Sangwa has maintained that President Lungu does not qualify to stand for another term.
He said Lungu was elected twice to the Presidential office and therefore according to the Constitution, he cannot seek a third term.

“You can’t have a third term, you can’t go for a third term. There is no provision for a third term in our Constitution,” he said during Television discussion where he was hosted together with a PF member who is also a lawyer Kelvin Bwalya Fube.

He urged the Electoral Commission of Zambia to reject Lungu’s nomination papers when he files them seeking to be elected for a third term.

He added that the other way to stop Lungu from contesting is by rejecting Bill 10, this bill has a provision that seeks to repeal the right to challenge the nomination of the Presidential candidate.

Fube who played a big role in Lungu’s election in both 2014 and 2016 also said he does not qualify to contest in 2021. He said LUNGU must think twice and avoid embrassing himself when his papers are rejected in nomination.

Fine who is also running to be adopted by the PF at the convention said there is still room for the party to rebrand by getting a new candidate.

ZCCM-IH chief executive officer Mabvuto Chipata says talks with various companies outside Zambia are at an advanced stage to secure a viable market for the off-take of gold that will be due to be sold.

And Chipata has announced that ZCCM-IH will be offering a competitive price for gold from the local market, pegged at a starting price of K550 per gramme.

Meanwhile, Consolidated Gold Company Limited have invited all interested stakeholders to utilize a new, state-of-the art gold testing laboratory to ascertain the quantity and quality of gold mineral they may have as personal holdings to secure a market and the best possible sale price.

Addressing journalists following a media tour at the Consolidated Gold Company laboratory in Lusaka, Wednesday, Chipata said talks with various companies outside Zambia were at an advanced stage.

He was responding to a question on what progress ZCCM-IH had made in securing a viable market for the off-take of Zambian gold once the company was ready and in a position to commence sales.

“The aspect of off-takers, yes, as you know, as we buy the gold, we will need to sell. So, we are partnering with a number of companies outside Zambia, whom we are talking to already. I think we are near conclusion in terms of contracts for buying. And then, our partnership with Karma Mining, they are experts as well in this market. So, this is work that is ongoing, and we hope that we will be able to close a number of transactions very soon,” Chipata told journalists.

“We are also working with banks in this (gold) project. The whole value chain requires that you start from where you are buying; you need to look at the logistics; you need to look at the security; you need to look at the storage of the gold; the buyer and financing structure…so, this is a big project that we think that all the stakeholders, really, have got a part to play in this process.”

Asked how confident ZCCM-IH was at achieving their projected target of securing 40,000Kgs of gold, or 40 tonnes, in view of the security threats that halted the scoping exercise, Chipata expressed optimism given the progress made so far.

Teams comprising of ZCCM-IH, Ministry of Mines and Minerals Development and the Ministry of Home Affairs personnel were deployed to eight gold mining and panning sites across the country to undertake a scoping exercise, according to Chipata.

The exercise was, however, temporarily halted due to the fragile security situation over the last few weeks following the recent spate of gassing attacks in various areas of the country.

“How confident are we at achieving the target? You will appreciate that this is a project that we are doing for the first time. We know that Kansanshi Mine produces about 4,000-5,000Kgs of gold as we stand. The work we are doing now in terms of exploration will help us ascertain the quantities of gold that are on the ground, particularly, in Mwinilunga area (North-Western Province). In Rufunsa (District) as well, once we start exploration work, we will be able to ascertain the quantities that are there,” he replied.

“The information we have now is based on the information we have informally. So, we think that once we have done exploration work, we will be able to announce how much quantities we will discover in each of the areas as we go on during the year.”

And he announced that ZCCM-IH would be offering a competitive price for gold from the local market, pegged at a starting price of K550 per gramme.

“I must say that so far, our moving into the market to buy the gold, has been received favourably by the artisanal miners. We are offering a competitive price, starting from K550 per gramme, and depending on the purity using thorough technical assaying methods, the price may be higher. Compared to prices found on the ground ranging from K350 to K500, the price range we are offering compares favourably to this, but also to market prices as well, once the purity or gold content is determined,” Chipata announced.

Meanwhile, speaking earlier, Consolidated Gold Company Limited chief executive officer Faisal Keer invited all interested parties to utilize the new, state-of-the-art gold testing laboratory to ascertain the quantity and quality of gold mineral they may have as personal holdings to secure a market and best possible sale price.

“This laboratory is targeted at the operations we are setting up starting with Rufunsa where we are working with small-scale and artisanal miners there from the surrounding area. We have so far invested about US $250,000 in setting up this lab that will be able to process about 30 samples per day. The lab will also be open to the general public for them to come and have their samples tested from here,” said Keer.

“The next step in the project, as you saw, we have procured 10 milling plants to be set-up on the Rufunsa site and also some earth-moving machinery. The gold milling plants have a capacity of processing 30 tonnes per day and will be operational by the first week of April, 2020.”
The media tour was organized as part of efforts to sensitize all stakeholders of progress ZCCM-IH had made in the ongoing gold value chain project.

The company has started buying gold from artisanal and small-scale gold miners as one of the steps towards the formalization of gold mining and trading activities.
ZCCM-IH’s national target for gold from both primary and secondary sources is 40 tonnes or 40,000Kgs.

HOME Affairs Minister Stephen Kampyongo says it is not up to John Sangwa State Counsel to select who will stand as PF presidential candidate in 2021.

And Kampyongo says belonging to the ruling party is not an insulation from the law, warning those who want to protest against the arrest of a jerabo popularly known as Spax that they will be dealt with.

Meanwhile, Kampyongo says plans to move a motion to impeach Speaker of the National Assembly Dr Patrick Matibini are mischievous and will not see the light of day.

Speaking when he featured on PF’s interactive Forum, Sunday, Kampyongo said Sangwa had taken a self-destructive path.

“This kind of hypocrisy must not be tolerated. Because when you get a person who is learned as a lawyer to mislead the nation on such matters, it should not be taken lightly, an ordinary citizen it can be tolerated. In the ConCourt where these matters were deliberated on and decided upon, why does he want to come and create another court in the jungle? And start presenting the same issues that he was presenting when he was representing his colleagues? It is political interest. Learned Counsel Sangwa has taken a self destructive path and I think if we had a credible LAZ, these are matters they should tackle objectively and not selectively and not what their political emotions tell them, that should not be the case,” Kampyongo said.

“If SC Sangwa feels he is more learned, he should go back to court and make his argument because now he is politicking and that is why those of us who are politicians have taken him on. To try and start saying the President is not eligible, it is not his job. If he thinks that we who passed this Constitution do not understand it, it is only him who understands it, and he will be in his own world. All these schemes won’t help them. John Sangwa’s constitutional qualifications and interpretation of the law are his and solely belong to him and his family and his single vote. Mr Sangwa has not right whatsoever to decide who will stand as PF presidential candidate.”

And Kampyongo said there was no way police could have left Chingola residents to continue living in fear when suspects were known.

“I want to supplement the statement that was issued by the Inspector General to those on the Copperbelt and particularly Chingola who are agitating saying they want to protest over the arrest of one of the suspects in Chingola. Just as you thought that that suspect couldn’t be touched, the departure point for us is when someone engages in wrong doing even if they are our relatives, no one will be shielded. There are so sacred cows. The President made this very clear during his address. Party membership is not an insulation against the law. How many times have you heard the police say this murder suspect has murdered this one? Just wait, you will be told. We have to hear the cries of the people. People in Chingola lived in fear, why should we allow people to live in fear when the suspects could be known?” Kampyongo asked.

Meanwhile, Kampyongo said those scheming to impeach Dr Matibini were wasting their time.

“Those attempts to try and suggest that the Speaker must be removed is Brought In Dead (BID), it is a motion we regard as BID…The Speaker is required to make such pronouncements, it is not the first time that he is declaring a seat vacant. The fact that other institutions acted on those pronouncements, the Electoral Commission of Zambia (ECZ) they must have looked at the various pieces of legislation. So one interpretation must not be the one used to start suggesting and start politicking to say ‘no he exceeded his powers, he should be removed’, not that we are challenging the decision of the Constitutional Court, we are not. But the Speaker’s office is also insulated,” Kampyongo said.

“How many cases have been appealed against? For example, a decision made by the High Court to only be turned down by the Supreme Court, would you say the judge that passed the judgement at the lower court must then be removed from the High Court? How many judges would we have removed? So in making petty and emotional decisions like that cannot be tolerated in the governance system. And so the Speaker stands on firm ground, he has our support and like I have said that motion will not see the light of day because it is frivolous and mischievous…Go and tell those who are scheming that they are wasting time.”

Kampyongo insisted that the UPND MPs would be shocked that the Constitution Amendment Bill Number 10 would pass.

“We are telling them to come on board, they didn’t come on board and some of them have been consistent with their participation in the constitution making process like our colleagues in the UPND, when we teamed up with our colleagues in the MMD and came up with the current constitution, they were still saying it would fail. Because they don’t understand how Parliament works, during the first part of the deliberations, they went celebrating that the constitution has failed. I was deputy chief whip then and I could see that this is what happens when people are ignorant. We stayed through the night and the following day they were shocked that the constitution had passed. And they will still be shocked so it is up to them to redeem themselves this time around. It will still be done,” said Kampyongo.

And speaking during the same forum, Chembe PF member of parliament Sebastian Kopulande said the will of the people expressed in Bill 10 would pass.

“I am confident having sat on the Select Committee that scrutinized Bill 10 and interacted with 87 witnesses, over a period of seven weeks, in 27 meetings, I am confident that the will of the people as expressed in Bill 10 and the amendments that shall come will pass in the House,” said Kopulande.

Outspoken Movement for Multi-Party Democracy Youth Prince Ndoyi has advised Dr. Nevers Mumba to be grateful and stop exhibiting high levels of hatred, envy and jealousy to a man who picked him from the Country’s Political dustbin and made him Ambassador to Canada after being unceremoniously fired by Mwanawasa.

Reacting to Nevers Mumba’s Secretary Winnie Zaloumis who said the former Republican President Rupiah Banda was destabilizing the MMD, Ndoyi said Dr Mumba should desist from using his mouthpieces to attack the former President because when no one was willing to look at him it was Rupiah Banda who gave him a second chance by appointing him Ambassador to Canada.

“After Dr Mumba was fired by President Levy Mwanawasa as Vice President and expelled from the party for gross indiscipline, treachery and disloyalty to appointing authority he became a lepper politically. No one wanted to associate with him, but in 2008 when Mr Rupiah Banda became President of Zambia after the unfortunate demise of President Mwanawasa out of pity and with the help of the likes of Lameck Mangani appointed Nevers Mumba ambassador to Canada giving him a second chance at life. This is a man who was finished politically. Today Nevers Mumba has the audacity to smear insults at a man who recacitated his career and image in society.

“He will submerge and drown in his own hatred. Let him guide his workers the likes of Chitika and Zaloumis to refrain from including Rupiah Banda in thier narrow political rhetorics as that only robs him a chance to be taken seriously in his newly found political space,” he said.

He advised Dr Mumba to advise Ms Chitika and Ms Zaloumisi to refrain from including former President in their political discourse because it will force the youths to react.

“We have warned before and we want to warn him again, if that’s the route he has chosen to villify former President Rupiah Banda, he will force us to take him on politically and sadly he will not recover. Today they have gone on a spineless rampage harrasing everybody for vehicles they know not how they were bought and by who.

“How can a former President whose politically inactive destabilize the MMD. Why has he always lumped his failure to run MMD on an innocent man? Why has he held so much hatred and enmity for a man who picked him from the political dustbin with so much contempt. Let him reflect and desist.

“Instead of seeking retribution he has chosen to be confrontational and that will continue to bury him. Before it was Rupiah Banda and Edgar Lungu have hijacked MMD from me. Now it’s Rupiah Banda again. Let him face his real opponents Raphael Nakacinda, Gaston Sichilima and the group of members across the country,” he said

ZAMBIANS will be better after the PF has left government, says chief Hamusonde.

In an interview chief Hamusonde of Bweengwa, west of Monze, said nearly all sectors of governance have been brutalised by the PF thus making the livelihood of citizens unbearable.

“If you look at the youths, they are a volcano boiling and may soon explode. Signs are already there of this boiling volcano. Look at women; they have been abused left, right and centre making their lives more miserable. The women are being chased even for selling free God-given mushrooms on streets in town. Look at the working society, look at civil servants, they are now scared to even mention their surnames for fear of being transferred or worse fired in the now PF popular ‘national interest’ clause,” he said. “Civil servants can’t even afford to effectively educate their children due to poor salaries. We, in the traditional leadership, have been divided by the PF because as long as you praise sing for President Edgar Lungu or bootlick some PF senior cadre then a GRZ VX lands at a palace with a heavy brown envelope. But I have all hope in that God does not let His people suffer for too long and I see Zambian lives becoming better and more prosperous without the PF in government. I see youths getting more jobs, I see a united and respected traditional leadership that will be empowered to help develop rural Zambia and the agriculture sector.”

Hamusonde (r) added that rural Zambia has vast potential but has been ignored by the PF which has turned some traditional leaders into beggars.

“Let them (PF) not get me wrong. I don’t hate them, there are some good leaders in that party but it’s the corruption that I hate, it’s the corrupt that I hate and I want all well-meaning Zambians to do the same for the sake of our children and posterity,” he said.

Hamusonde called on youths to resist being used by what he described as evil politicians who only reward them with beer after using them as tools of violence.

“As you celebrate your day (Youth Day) please say no to those who want to divide you against your own brothers and sisters on tribal lines. Say no to those evil politicians who just give you beer to gas or hack another innocent soul. We are all one and let’s remain so,” said Hamusonde.

When the UPND and other progressive citizens and organisations called on President Edgar Lungu to tame his violent Patriotic Front cadres as they were a danger to the rule of law, he accused us of being bitter and ignored our cry.

When we told Edgar Lungu to start by taking punitive action against his own violent cadres, his cabinet ministers and party officials pointed an accusing finger at the UPND as being violent.

When the Zambia police took action against PF cadres that created confusion in the Sesheke by-election, President Edgar Lungu reacted by firing the police officers that maintained law and order, thus instilling fear in the men and women in uniform.

When we advised President Edgar Lungu and the PF that they were creating a monster that would one day come to bite them, they did not listen but instead encouraged the gun culture among PF cadres.

When the UPND and other progressive citizens and institutions advised the Zambia Police to arrest the thugs that attacked an audience that was debating constitutional amendments at Hotel intercontinental, we were told there was no complainant in the case.

The fights that the nation witnessed during the youth day celebrations in Lusaka between rival PF gangs right in the presence of President Edgar Lungu ,his cabinet ministers and service chiefs just goes to prove our fears right that President Lungu has lost grip of not only his own party but also the security of the nation.

Those clashes in the presence of the Republican President and Commander in Chief of the Armed Forces only proves beyond reasonable doubt the UPND’s fears that law and order has completely broken down.

We demand henceforth that President Edgar Lungu wakes up from his slumber before his own violent youths place our peace and national security at risk.

Yesterday’s confusion rests right on the President’s back and we expect to see action from him.We expect nothing but either action against police top brass or arrest of the PF violent cadres.

This is unheard of in our country and we demand for immediate action before Zambians lose complete confidence in the man they call their President.

We cannot have cadres shedding blood in the presence of President Lungu and not even a single arrest made. This is absurd and a sign that indeed the police are afraid of the cadres. The police say that they are carrying out investigations. What furthermore investigations does Police Commissioner Nelson Phiri want to carry out when the crime was committed right in their faces. We demand for order and a return to normalcy in our country.

(c) UPND MEDIA TEAM

By Anthony Bwalya – UPND Member

For the record, the regime should either present Spax before the courts or release him.

This is the arbitrary application of the law we have always condemned. The same brutality they applied against Mr. Hakainde Hichilema is the same brutality they are applying against Kabaso Mulenga.

I have a lot of sympathies for Kabaso SPAX Mulenga. I also have a lot of sympathies for many intelligent, enterprising, hardworking young men like him, who push the boundaries of limitations to build a life for themselves and their families.

For the record, Spax and many youths like him are victims of the brutality of the failed leadership of the Patriotic Front. The PF always knew, that youths on the Copperbelt were always going to demand a fair share of the spoils of the earth in that region, and that they were never going to stand and watch corrupt government politicians plunder our national resources while they continued begging for handouts.

That is how they demanded for the #BlackMountain to be given to them, even without the most basic legal protections.

Spax and the youths on the Copperbelt, Chingola and Kitwe to be specific, knew, that because of their appetite for corruption, the PF leadership would always play ball over the Black Mountain.

If the PF had not given Spax and the youths on the Copperbelt, permission to work with the Black Mountain, these youths by now, could have erupted and demanded for their removal from power. These youths could never have stood by and watched the plunder of national resources by PF officials while they got nothing.

In other words, Black Mountain was a bribe to keep the youths silent as government officials stole on a grand scale.

The PF cannot remain in power without the support of Spax and his team. And they know it.

Except now, the PF have amassed too much money from numerous acts of grand, politically motivated corruption, that they now think they can dispense with Spax and the “Jerabos” on the Copperbelt.

This is why the regime can now afford to arrest and detain Spax. The PF do not feel they need Spax anymore.

In the months ahead, the regime, in an attempt to strengthen it’s grip on power, will try and neutralize the command of people like Spax and his team.

But this will also give the youths on the Copperbelt, an opportunity to see that they have been used and played by the regime.

There are members of the regime who want a piece of the Black Mountain. But before they can lay their hands on it, they must first neutralize Spax.

The problem here is not Spax. The problem is the regime.

Minister of Tourism and Pambashe Member of Parliament is, allegedly on behalf of his constituency, petitioning the ruling Patriotic Front’s highest organ, the Central Committee, to open the party’s Presidential Nominations in the month of May for only a period of 30 days so that the party can easily identify those that are opposed to the sole candidacy of the incumbent President Edgar Lungu and only for a period of 30 DAYS

Speaking at the Lusaka Patriotic Front Youth Rally, Thursday, Mr. Chitotela petitioned the Central Committee, through the Deputy Secretary-General Mrs. Mumbi Phiri, to open and close the Presidential nominations way ahead of schedule of the 10th to 12th July 2020 PF General Conference, adding that the opening up will allow the party to know who is behind Lusaka Lawyer and State Counsel John Sangwa’s push to take President Lungu’s eligibility issue to the constitutional court.

Mr. Chitotela said that the opening up of nominations is the only way the party can cleanse itself against those working to undermine the 2021 candidature of President Edgar Chagwa Lungu.

“I am a bearer of a message from the Patriotic people of Pambashe who have asked me to deliver their message. There is no way you can allow the PF Presidential Nominations to open and close during the General Conference. How else would you expose those who are working with Sangwa(po) to undermine the candidature of His Excellency, President Edgar Chagwa Lungu,” said Hon Chitotela.

“If there is a man the entire opposition in Zambia is afraid of facing in the Ballot, it is President Edgar Chagwa Lungu. And that is why they are working to question his 2021 candidature because had he been a weaker opponent, they would have ignored him all the way to the Ballot. They are very scared! And that is why we should expose them before the General Conference.”

However, Ruling PF deputy secretary-general Mumbi Phiri has said that even those who will declare presidential interests at the 11th hour are free to challenge Presidency Edgar Lungu for the party leadership at the general conference.

Speaking to the media, Ms Phiri said those wishing to challenge President Lungu would not be harassed at the conference. She said, for now, she was not aware of anyone that had expressed interest to challenge the President, but even last-minute announcements would still be welcome.

“It’s their democratic right whether they show interest in the 11th hour, that is their democratic right because the convention doesn’t stipulate as to when you could.

NOMINATION CLAUSE VS IMMUNITY CLAUSE: APPENDING CONSTITUTION CHALLENGE AND DEBATE AHEAD OF 2021 PRESIDENTIAL ELECTION

WHEN we say our Constitution has so many manipulative gaps in favour of the incumbent and that NDF was a kids’ play, others call us names.

If truly NDF was there to refine the 2016 Constitution and not to incorporate and insulate their interests, such glaring and observable lacunae would not have been left unattended to.

Our Constitution seems to suggest that it is easier to challenge a non sitting president’s nomination than a sitting President who remains President and enjoys immunity even during the nomination period.

For instance Art 52 (4) allows “a person to challenge, before a court the nomination of a candidate within seven days of the close of nominations and the court shall hear the case within 21 days of its lodgement”.

This means that any presidential candidate who files in his/her nominations papers before the Returning Officer can be challenged/sued in the courts of law should any person feel that their nomination is undesirable or the nominee does qualify.

However, Art 98 (1) seems to exempt a sitting/incumbent President from this court challenge.

It guides that ” a person shall not institute civil proceedings against the President or person performing executive functions, as provided in Art 109, in respect anything done or omitted to be done by the President or that person in their private capacity during the tenure of Office as President”.

This is so because Art 106 (2) dictates that “a President (incumbent) 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.”

Art 106(2) suggests that the incumbent President continues to be President and enjoys immunity against any lawsuit be it civil or criminal and any court case against him/her triggers the provisions of Art 98 (1).

With the pending nomination challenge against the incumbent President over his eligibility question, isn’t this another area of debate in our country?

To worsen the matters, Bill 10, which intends to repeal Art 52 and remove the nomination challenge clause, is not the panacea to this pending Constitution confusion.

Zambia therefore needs a constitution overhaul to reposition our constitution again.

Let us wait and see how the legal minds will lockhorns at the right time over this issue. This is food for thought for all Zambians.

I submit

By McDonald Chipenzi
Electoral Expert