Canada rejects Esther Lungu’s asylum request

By Dr Munyonzwe Hamalengwa

At the Immigration and Refugee Board of Canada, Board Room 6, Madam Mehta Nehru presiding.

Decision on the refugee claim of Madam Esther Lungu of Zambia. This is the decision on the refugee claim of Madam Esther Lungu being delivered today as I had promised when we adjourned two months ago. The hearing itself took place over a seven-day period. The hearing was heavily contested on both sides. I was presented with mountains of documents, videos, audios, books, social media accounts, newspapers and expert witnesses testified on both sides.

All documents and other aids have been marked as exhibits. The testimony of the claimant, Madam Lungu and the expert witnesses have been transcribed into transcripts and are available. I also took the liberty of independently reading about Zambia and I availed counsel of the issues I discovered on my own and sent questions to counsel to answer those issues and provided links to the sources so that counsel could also read those sources I consulted, themselves. I am grateful that counsel answered fully in writing my questions.

I should state at the outset that I found the latest US Department of State Country Report on Zambia (2021) the most neutral and objective as it was written by an independent reliable source or sources. I also found reports and books on court cases and court decisions compelling. These books and reported cases done during the previous regime of Edgar Chagwa Lungu, the husband of the present claimant and the legal cases and practices of the current regime of President Hakainde Hichilema brings the central concept of this claim into broader relief, the claim as agreed upon in prehearing conferences between myself and counsel for both sides, is based on the concepts of persecution versus prosecution. Was the experience of the claimant Esther Lungu, persecution or prosecution, especially in comparing to the practices of the Edgar Lungu regime as objectively chronicled in the book by Major Richard Kachingwe entitled “HH Destined to Rule” and Mazuba Mwiinga, “Midnight Raid: Hakainde Hichilema’s brutal taste of hate, a chronicle”.

There are certain instances when prosecution can turn into persecution. The police and military like operation against Hakainde Hichilema at his house before he was charged with the underlying charge of treason compared to the laid back call-in-notice to Esther Lungu by law enforcement agencies to answer questions about the 15 unclaimed houses registered in her maiden name and built in the Lusaka area using a permit registered for Kasama in Northern Zambia is quite telling about what is persecution and what is lawful investigation for lawful prosecution purposes.

This tribunal has a lot of decided cases on the differences between persecution and prosecution and both counsel are familiar with the jurisprudence or have been availed with the leading jurisprudence which I need not summarise herein as a result. Hakainde Hichilema had been summoned to attend at law enforcement agencies’ offices numerous times without fail but on this one occasion, the police raided his house as if it was a military operation to capture a big terrorist, someone who had voluntarily presented himself on numerous occasions without fail. The end result of that treason case was actually also telling. If there was truly a case of treason pursuant to Section 43 of the Penal Code of Zambia, Cap 87 of the Laws of Zambia, no nolle prosequi could have been entertained by the Zambian state. Treason involves the life and security of the nation. The charge cannot be exchanged for anything unless it was based on political persecution rather than criminal prosecution.

Esther Lungu is summoned once pursuant to the corruption statutes of that country, just once and she laments persecution. The Hakainde Hichilema regime was partly elected to vigorously vanquish the cancer of corruption and the regime has vowed to follow the rule of law in this fight, using predetermined legally constitutional anti-corruption statutes, statutes which are also germaine in international and comparative corruption statutes as ably analysed in the writings of Zambia’s eminent scholar Professor Muna Ndulo of Cornell University who was presented as an expert witness here on whether the fight against corruption in Zambia is persecution or prosecution.

The claimant Esther Lungu put in context that the fight against corruption in Zambia is targeting only members of the former ruling party, therefore the fight against corruption has turned into persecution on the basis of membership in a political or social group. She has tried strenuously to bring her experiences and those of other members of the Patriotic Front (PF) party into the definition of refugee status formulated in the “Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees”. That Handbook has been operationalised in hundreds of decisions defining each case meeting the criteria set out therein. There is plenty of jurisprudence on what is persecution and what is prosecution.

In his authoritative books, “The Law of Refugee Status” and “The Law of Refugee Status Under International Law”, Professor James Hathaway, formerly of Osgoode Hall Law School, has assembled a mass of case law encompassing the different definitions and case law on who fits into the criteria of refugee. Hathaway has been an expert witness at this hearing and was extensively examined and cross-examined by both teams of counsel. Esther Lungu’s lamentation of persecution does not come even within a thousand metres of the Convention definition of “persecution” in the context of Zambia under the current regime.

Lungu hasn’t even been prosecuted to even meet and demonstrate that that prosecution has devolved into political persecution. This is the case under tyrannical regimes such as the former Apartheid regime in South Africa. See Richard Abel, “Politics By Other Means: Law in the Struggle Against Apartheid, 1980-1994”.

Expert witnesses called by the claimant, for example Mr Joseph Chirwa and Mr Isaac Mwanza failed to demonstrate that fighting corruption in Zambia now amounts to persecution on political or social group grounds. Lungu is merely being investigated. And all PF leaders who have been charged with corruption, have been granted bail.

That there was massive corruption under the PF regime is indisputable as shown in the rims of documents filed as exhibits at this hearing. A commission of inquiry into corruption in Zambia under the PF regime would be apropo to expose the monstrosity of that cancer and if the government were to defeat the claim that legally fighting corruption in Zambia is persecution.

It may well be that the fight against corruption in Zambia in future, if not well handled and defined, could turn out to be persecution and not prosecution. At this juncture, however, the experience of Esther Lungu is neither persecution nor prosecution. The claim of persecution advanced by Esther Lungu is manifestly ill-founded and is accordingly dismissed. The claimant has a right to apply for leave in the federal court. This proceeding is concluded.

Lusaka- Saturday, 25th January 2025

State House Chief Communications Specialist, Clayson Hamasaka has warned Patriotic Front Chairperson  for Information and Publicity, Amb. Emmanuel Mwamba with an arrest and other consequences.

Commenting on a thread on Emmanuel Mwamba’s Facebook Page entilted; “Where is the President”, Hamasaka warned Mwamba that he will be dealt with severely.

“Emmanuel Mwamba please don’t bring trouble to yourself. I have been in touch with the President almost whole day today”.

“The speculation you are posting on your Munyaule and other PF pages is very dangerous”.

But Mwamba dismissed Hamasaka’s threats advising him to establish facts before issuing threats founded on false information.

“Clayson Hamasaka my brother behave!”wrote Mwamba

“Clayson your regular resort to threats based on unfounded information makes you one of the most dangerous aides to the President.”

“I don’t own those pages you repeatedly allege”.

“The trouble with you  is you think the force of the Zambia Police will intimidate us and silence us.”

“You have ZICTA, find out the admins and runners of those pages.”

“You are a menace to freedom of expression as you are behind many engineered arrests.”

“You know by now that whatever I wish to say, I say it on my Page without fear or favour”.

“I don’t fabricated or prevaricate, I don’t hide in other pages like you do.” He said.

“Whatever I wish to say, I say it on radio, on TV or on my pages.”

“Behave. You have institutions in this country that can help you establish the Truth. Stop harming and harrasing innocent citizens and political leaders.”

“Hold me accountable to what I publish”.

Mwamba broke the news of the sudden medical evacuation that occurred at Maina Soko Medical Centre.

In another post, he also asked where the President was when he was scheduled to launch the construction of a multi-million dollar Phosphate Plant.

Mwamba also did the latest update stating that;

“Where is the President?”

“On Friday, President Hakainde Hichilema yesterday Chaired a meeting at State House where he received a detailed briefing on the initiatives being pursued to scale up irrigation schemes in the country.”

“To enhance food security President Hichilema’s government has designed a program to utilise the country’s water bodies for irrigation to grow food throughout the year.”

“President Hichilema was on Friday scheduled to lay the foundation stone on the construction of the Integrated Phosphate Products Beneficiation Plant being set up by a Chinese firm, Sino Great Chemical.”

He delegated Minister of Commerce and Industry, Hon. Chipoka Mulenga to do so on his behalf.

It’s TV Bakwetu that threatened Amb. Emmanuel Mwamba-Setting the Record Straight

Elias Munshya Writes;

Ambassador Emmanuel Mwamba  has decided to accuse me of threatening him. Ati I’m after him? Awe sure, I haven’t, and I won’t. Maybe it’s his way of spicing up his story, but let me clear this up before it gets out of hand.

So here’s what happened:

Bakwetu Media, which is as independent as an honest referee at a football match, had an issue with Mr. Mwamba and decided to respond to him. Meanwhile, here in Canberra, it was very late, and I was busy sleeping peacefully like a good civil servant.

Fast forward to the morning, and boom! Mr. Mwamba is out here accusing me of all sorts of things. Bakamba, if you have issues with Bakwetu, take it up with them. Don’t drag me into your politics. I’m minding my own business, posting directly from my page, as always.

Let’s be real—Mr. Mwamba is a smart man, and deep down, he knows I’m totally innocent in this matter. But propaganda has a purpose, doesn’t it? As someone who’s spent years working as an asylum lawyer, I can only speculate. Could it be that he’s trying to build a case for himself? Ati, “My life is under threat”? I see where this is going. Bo Mwamba, mwamvela, it’s not every day that someone will make you a victim just because you say so.

And please, let’s not forget—I’m a civil servant. If you’re looking for political battles, kindly engage your fellow politicians. I’m not in that ring. My job is to serve Zambians in Australia, New Zealand, and the Pacific, not to entertain cooked-up accusations.

So, to Mr. Mwamba, I say this with all the siwanga I can muster: if you’re looking for drama, you’re knocking on the wrong door. Theatrics might work elsewhere, but here, we stick to facts. Take your issues to Bakwetu if you must, but leave me out of it.

And to everyone else, let’s stay focused on what matters—real development and progress. Everything else is just noise.

Twalumba!

Open Letter to Clayson Hamasaka: Is This What Your Job Requires?

Dear Mr. Clayson Hamasaka,

As a Zambian citizen, I am writing to express my deep concern and disappointment regarding your actions and the controversies surrounding your name. As a State House Communications Specialist, your role carries immense responsibility and influence. You are tasked with shaping the image of the Presidency, communicating key policies, and fostering trust and transparency between the government and the people. Yet, your conduct has raised serious questions about your commitment to these duties.

Your name has been mentioned in the alleged abduction of Hon. Emmanuel Jay Banda—a shocking and appalling incident that has left the nation in disbelief. Such allegations not only cast doubt on your personal integrity but also tarnish the credibility of the office you represent. How does someone in such a significant position find themselves entangled in such a scandal?

To make matters worse, you are now publicly threatening Ambassador Emmanuel Mwamba. WHY? Is this truly what your job requires of you?

Your role should never be about intimidation, threats, or silencing dissent. It is your responsibility to conduct yourself with professionalism and integrity, ensuring that the government is seen as a beacon of democracy and accountability. Threatening someone who exercises their constitutional right to free expression, like Ambassador Mwamba, is both undemocratic and unacceptable.

Ambassador Mwamba, like every Zambian, has the right to voice his opinions, critique the government, and hold leaders accountable. Your threats not only undermine his rights but also reflect poorly on the government you represent. Is this truly the example the UPND government wishes to set?

I, along with many Zambians, demand accountability and transparency. You owe the nation answers. Specifically:

1. What role, if any, did you play in the alleged abduction of Hon. Emmanuel Jay Banda?

2. Why are you threatening Ambassador Emmanuel Mwamba?

3. Is intimidation and controversy part of your official job description?

As a State House Communications Specialist, your role should be to build trust and foster dialogue—not to spread fear or engage in actions that divide the nation. If these actions reflect the stance of the government, then it is fair for Zambians to question the direction of our leadership.

I urge you to reflect on your actions and the immense responsibility you carry. Zambia deserves leaders and public servants who uphold the values of democracy, integrity, and professionalism—not individuals who perpetuate division and controversy.

Sincerely,
Thandiwe Ketis Ngoma

UPND can win an election anywhere in Zambia today, says Katambo

By Darious Kapembwa



THE ruling UPND can win an election anywhere in Zambia today, says deputy media director Cheelo Katambo.

Recently, Matero PF member of parliament Miles Sampa said the ruling party was afraid of losing elections in urban areas that is why the by-elections are only happening in rural areas.

But Katambo dared Sampa to resign as Matero MP and see if the UPND cannot win an urban seat.

He reminded Sampa that Kabushi in Ndola and Kwacha in Kitwe were all urban constituencies that his party managed to win.

“We have seen the statement from Matero member of parliament Miles Sampa where he is calling on the UPND to call for elections in an urban area alleging that the UPND was scared of losing that’s why by-elections were being held in rural areas. We find that laughable because Mr Miles Sampa in the first place should realise that places like Kawambwa Central that is an urban constituency in Luapula Province. Kabushi is urban in Ndola, Kwacha is in Kitwe. So when Mr Miles Sampa talks about urban areas we tend to wonder whether the man understands what an urban area is as compared to a rural area,” Katambo said. “Now if Mr Miles Sampa wants us to have an election, if he wants us to go into a game … for elections, we advise him to step down in Matero so that we can have by-election in Matero and see if he can still retain that seat.”

Katambo claimed that Sampa had failed the people of Matero as roads and drainages were still bad despite government procuring earth-moving equipment.

“If you go to Matero today roads are bad, drainages are bad and there is literally nothing that Mr Miles Sampa can point at today as having achieved in Matero. So if he wants us to go to a by-election we ask him to resign today and go for a by-election more especially that his secretary general Morgan Ng’ona has petitioned the Constitutional Court to ask the National Assembly to declare Matero Constituency vacant then we can meet in Matero and see if the people of Matero will not vote for the UPND,” he said.

Katambo said people stopped voting for “mere rhetoric but visible development like what President Hakainde Hichilema” was delivering in Matero as a result of increased Constituency Development Fund, the cash for work, women and youth loans plus construction of classrooms and clinics.

“We are game for Matero if Miles Sampa wants to have an election in an urban area as he says it. We are ready to start with his constituency which is Matero. We are asking him to resign today so that ECZ can call a by-election. The people of Matero are tired of Miles Sampa. He was an MP, became mayor and MP again. All he knows is bikering, behaving like a small boy. Jumping from one plane to another, arguing with people and busy misbehaving.

That is not the kind of politics that… the UPND right now can win an election anywhere in the country regardless of the terrain, geographical location, even in areas that were once deemed as impossibilities because the people are seing the advantages and the things that are being done on the ground,” said Katambo.

Credit : The MAGNET NEWSPAPER

Don’t say bad things about your own country, Catholic priest tells opposition

A CATHOLIC priest of Ndola Archdiocese has told off opposition leaders who are cooking up propaganda to make government and the country at large look bad to other countries.

https://www.facebook.com/share/p/1ALKBffZA9/?mibextid=oFDknk

In his homily yesterday, Fr Elias Muma told the opposition to refrain from issuing statements that paint the country black stating that no patriotic Zambian could paint their own country and government black.

Fr Muma stated that the opposition needs to learn that no government or anyone around the globe is perfect including the same people reporting the worst against the country.

“What is currently going on, teti umuntu nangufye uli politician ukulalanda ifibi pali country yobe, (even if you are a politician, don’t say bad things about your own country) Zambia  is a peaceful nation moving to greatness,” he said.

“Ukulachita behave kwati baice abakutila naya nkusosele kuli ba daddy pakuti bese bakume (you are behaving like children who say let me report you to dad so that he beats you). You can’t say bad things about your own country, you are not patriotic. If you say bad things to those you think are the ones who give us money, now if they fail to give us money who will suffer?”

Fr Muma stated that it is not good for outsiders to have a bad impression of the country.

The Catholic priest emphasised that Zambia was not a bad country for politicians to be parading it like one for their own selfish interests.

“Outsiders can get an impression that Zambia is a bad country and yet we are not a bad country unless those who are corrupt and have stolen, those are the problems. So ukulanda ifibi pali family yobe, pali wemwine napa chalo chobe takwaba (saying bad things about your own family, yourself and country should not exist,” he stated.

He further said those who are fond of talking down on the country do not deserve to be Zambians.

“Ninshi you are not fit to be here in Zambia. Go where you think it’s peaceful then. We are all not perfect, the government is not perfect, you are not perfect. Stop parading yourselves like children. We can only solve problems within ourselves not outside. No country is perfect even where you are reporting, they are also not perfect,” he added.

By Catherine Pule

Kalemba, January 25, 2025

Zambia Ministery Of Health Must Think Twice.

The withdrawal of the USA from the world Health organization (WHO) is a sad development especially to Zambia and other least developed countries. The move as negative repercussions particularly on our already struggling health sector.

Zambia has projects that depend on WHO funding including initiatives like PEPFAR the impact will be felt deeply.
Moreover, the potential disruption to ARV, Antimalaria drug, TB drugs and Other essential health programs is alarming like
1, Medical equipment partners like merck and Co have provided medical equipment crucial for health facilities in Zambia.

2, Medicine and medical supplies, the US has been donating medicine and medical supplies to address shortages in Zambia health facilities.

3, Vitamins and supplements, organizations like vitamins Angels have provided vitamin A for children under 5 and multivitamins for pregnant and lactating woman.

4, Training and capacity building, USAID has been supporting the training and capacity building of health professionals in Zambia, including pre- and in – service training, mentoring and performance management.

5, HIV/AIDS treatment and prevention. The US President’s Emergency plan for AIDS Relief (PEPFAR) has been providing significant funding and support for HIV/AIDS treatment and prevention programs in Zambia.

This donations are aimed at strengthening Zambia’s Health systems, improving access to quality health care and addressing some of the country’s most pressing health challenges. This is a wake up call to the UPND government to put key important measures on how they are going to address this issues as soon as possible by putting up shot term and long term plan because it as negative impact to Zambia health sector.

However, my humble advice for short term apart from changing procurement system, they should also consider Direct Financing to hospitals and Clinics across the country and long term plan the ministry of health of Zambia having its own pharmaceutical company so that it can be making its own essential Medications like Antibiotics, Antimalaria, TB drugs and ARVS and setting up a pharmaceutical industry it can cost the country US 850 Million dollars.

The UPND government should revisit Minning concessions and Tax waivers to improve Health sector in Zambia because the country is losing over US 2 Billion dollars of tax waives per annum and this money can help the country to be self dependent when it comes to health sector in Zambia.

Hon Chris Tchakanga
CF Copperbelt Vice Treasure and 2026 Mufulira Central Aspiring MP.

Mumbi Phiri vows to continue political fight after release

DESPITE spending 14 days in police cells on charges of a non bailable offence and having described the experience as harsh, former PF deputy secretary general Mumbi Phiri has vowed to remain vocal and active in politics, describing herself as a big machine that is capable of intimidating government.

https://www.facebook.com/share/p/14wbvZ75CW/?mibextid=oFDknk

Phiri, who had been charged with aggravated robbery was released after the Director of Public Prosecutions (DPP) Gilbert Phiri dropped the charges due to lack of evidence.

However, the outspoken politician has maintained that her detention was politically motivated and intended to silence her.

Appearing on Hot FM this morning, Phiri described her ordeal as dehumanising and an act of abuse of human rights.

The Tonse Alliance opposition member claimed that she was kept in a cage for 14 days straight without being given an opportunity to take a bath.

“I slept in a cage on the floor it was open. I slept without bathing for 14 days. I was treated like an animal. I have never been on the other side of the law. I’m a big machine they can’t match me, all of them put together can’t match me.”

“I will never stay away from politics because it’s a calling for me. Why should I take a back seat. It’s aluta continua and they better be ready. I’m a hot cake, everybody wants to see who is this Mumbi Phiri. God wants me to use my voice to liberate the people of Zambia,” said Phiri.

She explained that the police in Kawambwa where she was detained treated her like an animal where her right to basic needs was violated.

Phiri criticised government and the justice system for what she called wrongful detention.

Phiri also accused the man behind her release of playing to the gallery at the presence of the UN rapporteur currently in the country monitoring the right to freedom of expression and opinion.

The opposition critic further accused Green Economy minister Mike Mposha and the government at large of being behind the committed crime.

“If anything the person who was supposed to be arrested was Mike Mposha. Government has failed, this is a government of failures,” she complained.

Meanwhile, Phiri announced plans to sue the State for harassing her, stating that she will seek compensation for the emotional and physical toll of her detention.

“This time, I’m suing the State. I want to be compensated. Because mine was wrongful detention. I’m starting the proceedings on Monday. I’m very upset with UPND. I’m taking them to court,” she said.

Meanwhile, the Human Rights Commission chairperson Pamela Sambo has refuted Phiri’s claims of mistreatment, stating that its officers visited her during her detention and confirmed that she had access to basic rights such as food and water.

“From the time she was incarcerated in Kawambwa our Mansa office was on the ground. And from the reports we have, there was no record of any ill treatment as she was incarcerated. All her basic rights were met,” she added.

Sambo however stated that if there were any human rights violations, then an official complaint should be sent to them so that the commission launches investigations.

By Catherine Pule

Kalemba, January 25, 2025

STATEMENT BY GENDER DIVISION OF CABINET OFFICE ON THE DEATH, AND SUBSEQUENT DISCOVERY OF THE SKELETON, OF GEORGE KALABA.

The Gender Division of Cabinet Office is deeply disturbed by the recent horrific discovery of a human skeleton in a home in Lusaka’s Garden Compound and is calling for justice for the victim, identified as George Kalaba.

The Division wishes to strongly condemn the reprehensible act, which is not only a violation of human dignity but also goes against the fundamental values of morality, integrity and respect that we uphold as a nation.

Zambia, as a Christian nation, holds sacred the proper treatment of the deceased, in accordance with our cultural and religious beliefs. Our society expects that the dead be accorded a dignified burial, and any deviation from this practice is unacceptable.

The Division wishes to stress that such actions should never be tolerated, condoned or excused under any circumstances.

The Division would like to urge the investigative wings to conduct a thorough investigation into this tragic event and ensure that all individuals involved in this heinous crime are held accountable.

We call on the authorities to treat this case with the utmost urgency, care and sensitivity, especially as Sylvia Kalaba, George’s wife, and their four children are currently in police custody, assisting with the investigation.

Furthermore, the Gender Division strongly cautions those who practice spiritualism to refrain from misleading vulnerable individuals into engaging in harmful practices that perpetuate violence and fear. Such actions not only endanger lives but also contribute to a culture of harm and distrust within our society. As a nation, we must work collectively to condemn these acts and create a safer and more just environment for all.

The Gender Division stands in solidarity with the friends and family of the late George Kalaba, residents of Garden Compound and all Zambian citizens. We demand justice for George Kalaba and his bereaved family. We urge everyone to uphold the law and maintain our Christian and cultural principles to safeguard our national values.

KENNEDY KALUNGA
ACTING PERMANENT SECRETARY
GENDER DIVISION – CABINET OFFICE

LUSAKA PS CALLS FOR STAKEHOLDER ENGAGEMENT TO ADDRESS WORSENING FLOODING CRISIS

Acting Lusaka Province Permanent Secretary Alex Mapushi has urged stakeholders to collaborate in addressing the growing flooding crisis across Zambia, which is being worsened by continuous rainfall predicted by the Zambia Meteorological Department.

Speaking at the Mandevu Constituency Parliamentary Office, Mr. Mapushi described the flooding situation, which has left houses uninhabitable due to waterlogging, as an emergency requiring immediate attention. He emphasized that while the government, through the Disaster Management and Mitigation Unit (DMMU), is making efforts to mitigate the effects, additional support from stakeholders is essential.

“The situation where houses are becoming inhabitable due to waterlogging in residential areas is an emergency that needs urgent attention through concerted efforts to work on the drainage systems,” Mr. Mapushi said. He called on communities to take proactive measures by clearing waste near drainage systems to prevent blockages that exacerbate flooding.

He further urged Mandevu Member of Parliament Christopher Shakafuswa to allocate resources from the five percent Disaster Emergency Component under the Constituency Development Fund (CDF) to address pressing flood-related challenges in the constituency.

Meanwhile, MP Shakafuswa revealed that 55 households affected by the floods have already been accommodated at an Internally Displaced People (IDP) camp set up at Chipata Primary School Grounds. An additional 13 families are awaiting relocation as the number of displaced households continues to rise.

“I am very grateful to President Hakainde Hichilema and the DMMU through the office of the Vice President for the swift response of the relief items that were delivered to the affected families on Tuesday,” Mr. Shakafuswa said, while appealing for more tents and relief supplies to cater to the growing needs of the displaced.

The flooding crisis has highlighted the urgent need for improved drainage systems and stakeholder collaboration to prevent further displacement and loss of property.