NO MR PRESIDENT, YOUR PERFORMANCE IS BELOW EXPECTATIONS:

Friday 18th July, 2025

Mr President, respectfully we wish to state that you’ve performed below expectations and its not for you to “Kwenyu” your performance but the Zambian people that elected you to occupy the office of President based on a social contract shaped by your campaign promises. Remember, you set your own yardstick and by the same standard you’ve either failed or lied to the Zambian people.

Here is the yardstick set by yourself and given to the Zambians to use in marking you;

1. You promised to reduce the cost of living. Mealie meal was promised at K50, today the price is way beyond the reach of the poor. The food basket by the JCTR BNNB stood at K11,763.38 in June of 2025 for a family of five from K9,301.46  in June of 2022.

2. You promised fertilizer at K250 per 50kg bag. Today the price is way beyond what was expected making it difficult for many citizens to grow maize their staple food.

3. You promised to end loadshedding within your first year in office, it’s now fours years nearly to the end of your first five year term. Loadshedding under your administration is grinding small businesses.

4. You promised to reduce the price of fuel. We all know that towards the end of 2021 the cost of fuel was in the range of K17 and by July 2025 the cost of fuel is in the range of K28 per litre.

5. You promised to work on the Kwacha, today the currency remains weak and double digit to the US Dollar. The recent appreciation of the Kwacha means less for ordinary citizens unless the benefits can trickle down to the poor.

6. You promised zero tolerance on corruption, today corruption cases under your watch are extremely concerning. The latest scandal is on medicines affecting a very key sector of life in Zambia.

7. You promised humans rights, today citizens are threatened with arrests for dissenting views. The Cyber law you promised to repeal has been reinforced against citizens.

8. You promised to unite the Country, today the Nation is more divided under your watch on tribal and political lines, than in recent times.

9. You claim to be a Church elder and yet today we hear that the NDoP is under threat of being de-gazetted (we hope it’s just a rumour). Demonic secret societies are freely coming out in the open under your watch.

10. Th separation of powers among the three arms of government is being compromised under your watch as the constitution and court judgements are being disrespected with impunity.

11. Your competitors in the opposition complains of shrinking democratic space under your watch as notifications for political rallies face challenges at the Police.

It appears from the self praise witnessed in recent times by the current administration that they are missing an opportunity to connect with public concerns – such as the high cost of living, youth unemployment, politicised CDF, harsh loadshedding while exporting electricity and deep-rooted corruption among other critical issues to a voter.

For anyone to suggest that the GDP, productivity and the ease of doing business are well performed under the current administration without any reference to current statistics or trends is cheap talk and weakens the depth of analysis and could leave the citizens asking:
What does the data currently say about  the Country’s economic indicators in light of the campaign promises?

Further, Mr President you have failed to honourably manage the funeral and burial (both as Church Elder and Head of State) of your late brother the 6th Republican President Dr Edgar C. Lungu. Why did your administration opt for litigation and not resolution? You’ve taken a grieving widow and her children to court over the remains of her late husband and the Nation is worried.

Finally, the many unfulfilled campaign promises and commitments recorded in your own party manifesto outweighs the few promises delivered and may not guarantee you another five year mandate beyond 2026. You have failed Mr President and on a scale of 1 – 10, you’ve scored 3. Ends the Kwenyu on your performance.

Sincerely yours,

Rev Chilekwa Mulenga
Ndola, Copperbelt, Zambia.

A Rogue Gavel: The Speaker’s Ruling Defies
the Constitution

By Prof. Cephas Lumina

Parliament’s top official is undermining the authority of the judiciary and the rule of law – it’s time to hold her accountable. When the Speaker of the National Assembly refuses to uphold a Constitutional Court ruling, she violates her oath – and puts the country’s democracy at risk.

In an astounding display of constitutional defiance, the Speaker of the National Assembly of Zambia, Nelly Mutti, has issued a ruling that not only challenges the authority of the Constitutional Court, but also raises concerns about the delicate balance of powers essential to any democratic society. Her response to the point of order raised on 1 July 2025 by Hon. Mubita Anakoka, MP for Luena, must be seen for what it truly is: a dangerous misinterpretation of legal principles, a direct challenge to constitutional supremacy, a misguided attempt to overturn the Court judgment disguised as a ruling on a point of order, and a potential trigger for a constitutional crisis.

At the heart of the matter is the Constitutional Court’s ruling in Munir Zulu and Another v Attorney-General, which declared the entire process leading to the drafting of Constitution of Zambia (Amendment) Bill No. 7 of 2025 unconstitutional. The Court found that the government had violated key constitutional principles, including the requirement for broad public participation, and ordered a restart of the process under a technical committee of experts.

But instead of upholding the decision of the apex constitutional court, the Speaker essentially proclaimed that the National Assembly is not bound by the judgment because it enjoys “far-reaching freedom to determine and regulate its internal procedures and proceedings” free from interference by “any external body, including the courts of law.” She, in effect, accused the Court of flouting the doctrine of exclusive cognisance – a doctrine rooted in parliamentary sovereignty.

This was no mere legal interpretation. It was a profound and dangerous misunderstanding of constitutional law. And it is a blatant subversion of the Constitution and a betrayal of the Speaker’s solemn oath of office.

The Doctrine of Exclusive Cognisance – Misapplied and Misused

The Speaker invoked the common law doctrine of exclusive cognisance, inherited from British parliamentary practice, and designed to protect the internal workings of Parliament from outside interference. This doctrine ensures that courts do not interfere with the day-to-day functioning of Parliament, such as debates, voting procedures, or internal discipline. But this doctrine is not a licence for lawlessness. In a constitutional democracy like Zambia, where the Constitution is the supreme law, this doctrine does not immunize Parliament from constitutional constraints or from review by the courts when it oversteps its bounds. Parliament cannot invoke privilege to shield itself from compliance with constitutional requirements, especially when making constitutional amendments that require specific procedural and participatory standards.

Even in the United Kingdom, where parliamentary sovereignty reigns supreme, courts have recognized that constitutional principles and the rule of law limit the powers of Parliament. In the case of R (on the application of Miller) v The Prime Minister [2019], the UK Supreme Court emphasized that constitutional boundaries cannot be ignored, ruling that the Prime Minister’s advice to the monarch to prorogue Parliament was subject to judicial review because it undermined constitutional principles like parliamentary accountability.

In South Africa, which has a constitutional framework like Zambia’s, the Constitutional Court has consistently emphasized that Parliament is not above the Constitution. In the case of Economic Freedom Fighters v Speaker of the National Assembly and Others [2016], the Court found that Parliament’s failure to hold the executive accountable was unconstitutional, reinforcing that all state organs are equally subject to constitutional obligations.

The Speaker’s attempt to elevate parliamentary autonomy above constitutional scrutiny would be legally laughable if it were not so dangerously misguided. Her reliance on exclusive cognisance is nothing more than a smokescreen – an attempt to shield politically motivated legislative overreach from judicial scrutiny.

Constitutional Supremacy Is Non-Negotiable

The Constitution of Zambia explicitly establishes the principle of constitutional supremacy. Article 1(2) states: “This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.” The Constitution also specifies that “[a]n act or omission that contravenes (the) Constitution is illegal,” that the Constitution binds “all persons in Zambia, State organs and State institutions” and that a matter relating to the Constitution “shall be heard by the Constitutional Court.”

The Speaker’s ruling essentially asserts that Parliament can act outside the bounds of the Constitution as long as it considers its actions to be “internal.” This is an incredibly unconstitutional claim that, if left unchallenged, would allow Parliament to create laws without regard to constitutional prescripts, procedural fairness, public participation, or judicial oversight.

The Speaker, who notably holds the title of State Counsel, should be held to a higher standard. Her misinterpretation is not simply an academic error; it is a political decision with serious constitutional implications. By attempting to shield Parliament from constitutional scrutiny, she has elevated it above the Constitution – a position that is untenable in a constitutional democracy.

The Speaker’s Oath – Broken

Upon taking office, the Speaker swore the following oath:

“I, [name], having been appointed Speaker of the National Assembly do swear/affirm that I will and diligently discharge my duties and perform my functions in the office of the Speaker of the National Assembly …”

This is not a mere formality. It is a binding legal and moral commitment to uphold the Constitution, not personal ideology, party loyalty, or political expediency, particularly in light of the constitutional provisions stating that the legislative authority of the Republic comes from the people of Zambia and must be exercised in a way that protects the Constitution and advances democratic governance (Article 61), and that the Speaker can be removed for, among other reasons, violating the Constitution (Article 83). By breaching this oath, the Speaker has shown herself unfit to hold that high office.

By purporting to place Parliament above the Constitutional Court, the Speaker has made a mockery of the supremacy clause of the Constitution. Her claim that the Constitutional Court cannot direct Parliament, even in cases of unconstitutional actions, is a distortion of the law, sets a dangerous precedent, and violates her constitutional responsibilities.

The Speaker is not a referee for one team. Her role is to uphold the rules and safeguard the integrity of Parliament, regardless of the party in power. The Zambian public expects and deserves a Speaker who acts with fairness and independence, especially when the Constitution is at risk.

Yet, her record has shown a pattern of partisan bias – stifling crucial discussions, shielding executive overreach, and now, defying the Constitutional Court to advance the ruling party’s agenda. Her behaviour raises doubts not only about her impartiality but also about the credibility of the National Assembly as an institution. Her partisan conduct strikes at the very heart of the constitutional order

This most recent ruling, where she has, in effect, allowed Parliament to ignore a binding court decision on constitutional reform, represents the culmination of this bias. It is not only legally indefensible – it is politically toxic.

Time for Accountability

The Speaker’s conduct represents a clear act of constitutional defiance and a violation of the principle of separation of powers. This behaviour constitutes misconduct in the performance of a constitutional duty and provides solid grounds for impeachment. Her actions amount to a legislative veto of a court decision – something no democratic constitution permits. Her insistence on proceeding as if the Court’s decision does not exist is an act of contempt for the judiciary and the rule of law.

There is now a compelling case for the Speaker’s impeachment. Under Article 83 of the Constitution, the Speaker may be removed from office for gross misconduct or incapacity. The Constitution defines “gross misconduct” as including behaviour that “brings a public office into disrepute, ridicule or contempt,” or using or lending the prestige of an office to advance personal interests or the interests of another person. Misconduct also includes failing to uphold the Constitution, violating the oath of office, obstructing the enforcement of court decisions, and undermining the separation of powers. The Speaker’s actions tick all these boxes.

Moreover, the Speaker holds the prestigious title of State Counsel, the highest recognition in the Zambian legal profession. But with honour comes accountability. Her actions not only violate the Constitution but also breach the ethical obligations of a legal practitioner. The Law Association of Zambia (LAZ) should immediately investigate her conduct for professional misconduct and take disciplinary measures. She has brought the legal profession into disrepute. A lawyer who disregards constitutional rulings, especially from the highest court, should not retain the title of State Counsel. LAZ should also call for her disbarment if she continues to defy the law.

This is not a matter of political disagreements or differing legal interpretations. It is about constitutional fidelity. By refusing to recognise the authority of the Constitutional Court – the ultimate arbiter of constitutional matters – the Speaker has essentially declared Parliament to be above the law. This stance is incompatible with her office, and incompatible with democracy and constitutionalism.

Furthermore, civil society and the Zambian public must demand that Parliament – and the government – immediately adhere to the Constitutional Court’s decision. Allowing this defiance to go unchallenged would undermine public trust in the judiciary and set the stage for parliamentary authoritarianism.

Conclusion: No Institution Is Above the Law – and Parliament Must Not Become a Rogue Institution

Zambia’s democracy is facing a critical moment. If the Speaker’s ruling is allowed to go unchallenged, it would mean that Parliament can override court decisions, that the Constitution’s supremacy is conditional, and that separation of powers is little more than a slogan.
This is not just a legal debate – it is a test of Zambia’s democratic resolve.

The doctrine of exclusive cognisance was never meant to be a weapon against the Constitution. It is time for all branches of government, including Parliament, to be reminded: the Constitution reigns supreme. No one, not even the Speaker of the National Assembly, is above it.
Credit: The Mast

Amb Emmanuel Mwamba writes:

ZNBC’s financial Crisis Worsens as it Retrenches Staff

After a meeting with President Hakainde Hichilema, ZNBC Management has announced it is pruning its staff through a Voluntary Seperation Scheme.

ZNBC faces significant statutory debts, including;

1. Over K1 billion owed to the National Pension Scheme Authority (NAPSA).

2. Over K536 million in Pay As You Earn (PAYE).

3. Over K596 million in Value Added Tax (VAT) owed to the Zambia Revenue Authority (ZRA).

Despite these debts, ZNBC’s board and management have reported some positive financial progress, including receiving a K54 million dividend from MultiChoice and a K3 million dividend from TopStar.

The sustainable issue to ZNBC, like it is with public broadcasters like BBC or SABC, is to restore the tv licence by removing it from the Independent Broadcasting Authority and reinstating it on ZNBC.

ZAMBIA: A RISING STAR IN INVESTMENT, SAYS PRESIDENT HICHILEMA

LUSAKA, July 17, 2025 — President Hakainde Hichilema has declared Zambia “a place to be” for investors, citing a dramatically improved investment climate shaped by robust economic reforms, international engagement, and a clear vision for sustainable growth.

Speaking at the Invest in Zambia Conference in Lusaka, President Hichilema highlighted the strides his administration has made since assuming office nearly four years ago.

“Shortly after I was elected, I traveled to Brussels and told the European Parliament that Zambia is back in the Champions League,” he said. “That message was not just rhetoric, it was a commitment. Today, we are seeing the results.”

President Hichilema said in just under four years, Zambia’s economic fundamentals have seen a remarkable turnaround. He said his administration has embarked on strategic international engagements, including visits to the United States, China, GCC countries, and the European Union, to attract investment, strengthen partnerships, and position Zambia as a key player in the global economy.

He said through these diplomatic and economic interventions, the country has secured investments across sectors, including mining, energy, agriculture, and manufacturing.

One notable success is the reversal of Barrick Lumwana’s exit decision. “Through sustained engagement, Barrick chose to stay and has reinvested over $2 billion in Zambia’s economy,” the President stated. Similarly, the Kansanshi Mine, which was on the brink of closure, has now secured a $1.5 billion expansion, extending its lifespan by 20 years.

President Hichilema also said central to Zambia’s new economic trajectory has been the restoration of the rule of law, transparent governance, and debt restructuring. He noted that the government’s commitment to resolving industrial disputes outside court, including the high-profile Konkola Copper Mines (KCM) case, has reinforced investor trust.

“The message is clear: we don’t do business in court. We are here to resolve, support, and grow together,” he emphasized.

The President further said Government has also established the Presidential Delivery Unit to fast-track bureaucratic processes and boost project implementation. Public-private platforms such as the Private Sector Dialogue Forum now play a significant role in national planning and the budget process.

President noted from inheriting an economy with -2.8 per cent growth, Zambia is now on course to meet its 1 million-ton copper production target this year, with a broader vision of reaching 3 million tons.

“Our mining sector, once crippled, is now thriving again,” President Hichilema said, citing new projects at Kalengwa, Mingomba, and Kitumba Mines. Additionally, the country has become the largest producer of emeralds globally, overtaking Colombia, a testament to successful public-private partnerships.

He said these achievements have had a direct impact on employment. Thousands of jobs have been created, including women operating heavy machinery in mines, and youth engaged in infrastructure and energy projects.

President Hichilema said Zambia is also leading efforts in energy diversification. The liberalization of the sector, including the open-access system and net metering, has encouraged independent power producers to invest in renewable energy. A new fertilizer plant, which now exports to eight countries, is also generating 80 megawatts of power, with half going into the national grid.

The President emphasized the role of positive discrimination, incentivizing companies that produce and invest locally, to encourage industrialization and self-sufficiency.

President Hichilema called on Zambia’s diplomats to double down on economic diplomacy, engaging potential investors and offering guidance where needed. He singled out the Egyptian Ambassador to Zambia, who acted promptly following the President’s visit to Cairo, enabling new Arab contractor projects.

He also reminded the audience of his journey from the private sector to the presidency. “In the early and late 1990s, I chaired investment forums in Zambia and London. Today, I do so as Head of State. It’s been a long walk, but the goal has always been the same: investment, economic growth, and job creation.”

In a broader message to the continent, President Hichilema urged African leaders to shift the narrative from politics to trade, investment, and job creation.

“Growing the economy is not an end in itself, it is the vehicle to deliver dignity, opportunity, and hope to our people,” he said.

He emphasized the importance of free education, healthcare, and economic inclusion, which have seen over 2 million children return to school under his leadership.

President Hichilema said with legal stability, a welcoming investment climate, and a government committed to reform, Zambia is fast emerging as one of Africa’s most attractive destinations for investment.

© UPND Media Team

GOVERNMENT CANT WASTE TAXPAYERS MONEY TO SEND PEOPLE TO SOUTH AFRICA TO NEGOTIATE WITH LUNGU’S FAMILY – STATE HOUSE

STATE HOUSE Chief communication Specialist Clayson Hamasaka has dismissed claims that government has released K500,000 and sent a delegation to South Africa to discuss the repatriation of former president Edgar Lungu’s remains.

Hamasaka says he does not believe public funds would be wasted on such a matter.

A post on the official Patriotic Front (PF) Facebook page alleged that President Hakainde Hichilema had released the funds and dispatched a team to engage in discussions over the former president’s alleged death and repatriation.

The PF further claimed that the delegation included former deputy minister Jonas Shakafuswa, Kaweche Kaunda, son of founding president Kenneth Kaunda, and others.

However, in an interview, Hamasaka questioned the rationale behind such a mission.

News Diggers

KABWE DISTRICT PIONEERS INDUSTRIAL GROWTH AS CENTRAL PROVINCE EMERGES AS A KEY ECONOMIC HUB

Kabwe District Commissioner Mr. Lennox Shimwambwa Jr. has expressed pleasure over Kabwe and Central Province’s prominence as a vital hub for industrial development.

This transformation is supported by several key factors and recent developments, with increasing industrial activity marked by the establishment of factories and processing plants, he remarked.

Notable projects include the Chisamba Solar Plant, a 100 megawatt facility contributing to renewable energy production;

The Bayer Zambia Seed Processing Plant, enhancing agricultural productivity through efficient seed processing

The Great Life Tobacco Processing Plant, which adds value to local tobacco production.

The international drug company, dedicated to the production of antibiotic capsules and other essential medicines, addresses the critical healthcare needs in the region.

The Mulungushi Textile, once fully operational aims at processing cotton to bolster the textile industry.

The government targets an ambitious goal of achieving 6% of the country’s GDP, highlighting the vital role of these industries. Mr. Shimwambwa made these remarks in Kabwe yesterday during his tour of the Great Leaf processing plant to assess progress.

The District Commissioner emphasized that supportive leadership under the visionary leadership of His Excellency President Hakainde Hichilema has been crucial in creating a conducive environment for business growth.

Over the past four years, President Hakainde Hichilema has proactively engaged with investors to attract partnerships and investment, initiatives aimed at job creation, expanding business opportunities, and driving economic benefits.

The influx of industries is intended not only to generate employment for the local population but also to enhance the country’s tax base-initiatives designed to foster substantial economic growth.

Furthermore, the District Commissioner in

Zambian Government Admits Blocking Lungu’s Access to Medical Care, Church Services – South African Court Told

In a damning revelation that has sent shockwaves across Zambia and the diaspora, the Pretoria High Court in South Africa has heard that the Zambian Government under President Hakainde Hichilema deliberately denied former President Edgar Chagwa Lungu access to medical treatment abroad, despite being fully aware of his deteriorating health since 2015.

The admissions are contained in court documents filed in Case No. 2025-096565 before the Gauteng Division of the High Court of South Africa. Zambia’s Attorney General, Mulilo Kabesha, openly conceded that in September 2023, the State refused to allow Lungu to travel to South Africa for urgent medical attention, citing insufficient “particulars” about the treatment he sought.

“The Applicant refused to grant the late President Lungu permission to visit South Africa during September 2023. This was because the late President Lungu did not provide the Applicant with any particulars of the medical treatment he allegedly had to undergo,” Kabesha stated in the affidavit.

However, in a striking contradiction, the same affidavit acknowledges that the government was fully aware of Lungu’s longstanding illness, admitting that:

“The late President Lungu entered the borders of the Republic of South Africa in January 2025 through a diplomatic passport and under circumstances where he had been ill from at least 2015.”

This dual admission of knowing Lungu was unwell and yet deliberately blocking his travel has sparked widespread public outrage and renewed accusations that the government treated the former Head of State with malice, cruelty, and political vengeance.

The Lungu family’s affidavit filed before the South African court paints a grim picture of systematic harassment and restriction, alleging that Mr. Lungu was prevented from jogging, visiting churches, meeting religious leaders, and even accepting private invitations, all under the pretext that he was “politicking.”

“Not only was his right to health violated, but even his freedom of movement and religion were suppressed,” one family member stated. “The late President could not attend a simple church service without being accused of campaigning.”

These restrictions, the family contends, amounted to deliberate psychological and physical persecution, which they believe directly contributed to his declining health and untimely death. Medical experts who were close to the former President are reportedly preparing to submit statements affirming that delays in seeking specialist care abroad drastically reduced his survival chances.

The case now exposes the depth of the personal and political hostility between President Hichilema’s administration and the former First Family animosity that many Zambians argue crossed ethical and constitutional lines.

Critics say President Hichilema, who once accused the Lungu administration of victimisation and abuse, has mirrored the very tactics he vowed to end. The irony is not lost on the Zambian public.

In what many now see as a hauntingly prophetic moment, President Hichilema once reportedly said, “If Lungu is buried in South Africa, the world will laugh at Zambia.” Yet, it is now his government that stands accused of inhumane treatment and political cruelty, and it is his legacy that risks being defined by this shameful chapter.

Indeed, as public sentiment shifts and calls for accountability grow louder, it seems that the late President Lungu is telling his truth from beyond the grave and the world is listening.

©️ KUMWESU | July 18, 2025