UPND’s Broken Promise on the Cyber Security Act: A Tool for Suppressing Dissent?

By Thandiwe Ketis Ngoma

When the United Party for National Development (UPND) took office, they promised a new era of democracy, transparency, and a commitment to Zambian rights. Among these pledges, one stood out: the promise to dismantle the controversial Cyber Security and Cyber Crimes Act. UPND had strongly condemned this law, calling it an oppressive tool of the former government used to crush free speech, silence dissent, and spy on citizens. They assured Zambians that the act would be repealed, making this a cornerstone of their platform. Yet, over a year later, the UPND has not only failed to repeal the act—they’ve strengthened it. This reversal has sparked alarm, with many fearing the administration is using the very tools it once condemned to cement control and silence opposition.

A Dramatic Reversal: From Promise to Power Play

During his campaign, President Hakainde Hichilema presented himself as a defender of democracy and a fierce opponent of legislation infringing on citizens’ rights. The Cyber Security Act was central to this promise, a law UPND labeled a vehicle for state surveillance and control. By pledging to repeal it, UPND positioned itself as a champion of democracy and civil liberties.

Yet reality has been starkly different. In a move that’s disillusioned many Zambians, the UPND has not only preserved the act but expanded it. New provisions now grant government authorities broader surveillance powers, more control over content, and harsher punishments for vaguely defined digital “crimes.” This isn’t just a broken promise; it’s a betrayal of the trust that brought them to power. For many Zambians, this fortified law signals that the UPND is drifting toward authoritarianism, using the law to control public discourse and crush opposition.

A Law Reimagined: A Threat to Dissent and Democracy

Critics see the UPND’s reversal as a departure from democratic values and a dangerous power play. The Cyber Security Act has become a tool for government to monitor and control citizens’ digital activities. Under its tightened provisions, Zambians face increased surveillance, with online expression subject to scrutiny under vague pretenses.

The president’s recent comments about the country’s “overreliance” on platforms like Facebook, Twitter, and TikTok are telling. They hint that the administration sees social media as a destabilizing force rather than a democratic one. The irony is clear: social media was crucial in Hichilema’s rise, enabling him to engage directly with voters and challenge the former government. Today, however, the administration appears to see these platforms as threats, with the Cyber Security Act as a tool to limit citizens’ power online.

A Battle Over Digital Freedom: Social Media Under Siege

Social media was once a lifeline for Zambians to connect, share ideas, and hold leaders accountable. Yet, under the UPND’s restrictive measures, these platforms have become battlegrounds where dissenting voices face censorship and surveillance. The revised Cyber Security Act gives the government sweeping powers to monitor and control online content, often under the guise of preventing “destabilizing” or “harmful” speech—broad terms that allow the government to target critics.

With new powers to define “harmful” or “destabilizing” content, the government has turned social media from a space of free expression into one of fear. This goes beyond censorship, chilling public debate and weakening social media’s role as a democratic tool. As more citizens self-censor or withdraw from online conversations, the UPND’s actions risk dismantling Zambia’s democratic engagement, transforming a democratic tool into one of intimidation.

Authoritarianism in the Making? The Far-Reaching Implications

The UPND’s decision to reinforce the Cyber Security Act has troubling implications for Zambia’s future. Here are some alarming provisions:

1. Unprecedented Surveillance: The act grants the government unchecked authority to monitor online communications, casting a shadow of suspicion. This builds a culture of fear, discouraging citizens from expressing true views and stifling open dialogue.

2. Broad Content Control: Empowered to regulate “destabilizing” or “harmful” content, the government has wide latitude to silence critics and activists. Weaponizing these vague terms allows authorities to stifle debate, shrink democratic space, and limit opposition platforms.

3. Severe Penalties for “Digital Crimes”: By broadening definitions and intensifying penalties for cyber offenses, the act risks turning mild criticisms into “crimes.” Excessive fines and prison sentences for digital dissent contradict democratic principles, pressuring citizens to self-censor.

4. Device Registration for Tracking: New device registration requirements offer authorities a way to track individuals, facilitating targeted surveillance and raising concerns about profiling opposition voices.

5. Government-Controlled Infrastructure: The government’s authority to control internet infrastructure could theoretically allow it to restrict or block certain sites or platforms, risking selective internet blackouts and limitations on sites critical of the government.

Backlash and Broken Trust: Zambians Demand Accountability

The backlash has been swift, as Zambians across society—from civil groups to journalists—condemn this brazen reversal. Many who once trusted the UPND’s promises now feel deeply betrayed. The failure to repeal the act has undermined the government’s credibility. Instead of building a free Zambia, the UPND seems poised to create a state of surveillance, leaving citizens questioning if their freedoms are slipping away.

The UPND’s move has brought Zambia to a critical point. Citizens face a government more focused on cementing authority than fostering a free society. The fragile democracy, built on transparency, justice, and respect for rights, appears at risk as the government reneges on its commitment to reform.

The Way Forward: Repeal the Law or Face the Consequences

If the UPND is serious about democracy, it must act to repeal or significantly reform the Cyber Security Act. This decision will have lasting effects, either restoring public trust or deepening disillusionment. Surveillance, censorship, and control may provide short-term security for those in power, but they are toxic to the democratic ideals Zambia was built upon. True democracy cannot thrive under constant surveillance.

By revisiting the Cyber Security Act, the UPND has a chance to correct course and reaffirm its commitment to democracy. If it fails, it risks losing its moral standing, leaving the public more skeptical about its promises. Zambia’s democratic future may depend on the UPND’s willingness to prioritize citizens’ rights over political security.

A Call to Action: Protect Zambia’s Right to Freedom

This issue has become a litmus test for the UPND’s legacy and the future of Zambia’s democracy. Citizens are calling on leaders to honor their commitments, safeguard freedoms, and uphold the promises that brought them to power. Zambians deserve leaders who respect free expression and foster an environment where every citizen can speak freely.

For Zambia to move forward, the UPND must keep its promise to repeal this oppressive act, ensuring that freedom, transparency, and accountability remain at its governance core. Zambians deserve leaders who govern with integrity and prioritize the rights of their people. As Zambians, as voters, and as defenders of democracy, we must continue to demand that the UPND lives up to its pledges and ensures that freedom and justice are preserved for all.

Is there a more controversial and litigated constitutional case in Zambian history than the Third Term one? A reply to Dr Lawrence Mwelwa’s critique of my 2023 article

By Prof Munyonzwe Hamalengwa

Is there a more controversial and more litigated public interest or constitutional case in Zambian history than the third term one involving Edgar Chagwa Lungu?

That is the foundation of my article Dr Lawrence Mwelwa was contending with but never succeeded in dealing with the foundation that prompted me to deal with that question. In my article I posited a thesis that based on numerous precedents that I provided (and Dr Mwelwa only isolated two of these while I provided a more robust number) the third term case lends itself to vacation in future. It meets all conditions for vacation. It is widely a controversial case, heavily debated by the public, dissected by so-called experts and so-called non experts, it arouses strong public feelings, and most important there are strong undertones in the public debates and in the strongest of dissents by a justice or justices that the case was wrongly decided. The case continues to reverberate into the immediate and foreseeable future. The precedents I cited like Dred Scot (1857); Plessy v. Ferguson (1896); Korematsu v. US (1943); The Canadian Internment case (started politically in 1944 and ended with compensation in 1988 without going to court); Roe v. Wade (1973) and others provided the fodder for my analysis. Nowhere does Dr Mwelwa attack the foundation of my analysis, the basis of my theoretical foundation. He glides over my analysis and comes to the conclusion that my article is merely a partisan alignment with emerging political forces, without untangling my thesis with the precedents that I have cited. He further analyses that what I am trying to do is to undermine judicial stability and independence by positing that the precedent should be vacated. He points to the timing of my article written in 2023 as evidence of his analyses given the ongoing proceedings in court without delving into scholarly territory that for academia there is no prohibited territory for investigation just as law does not stop to operate even in times of emergency (see Liversidge versus Anderson as per Lord Atkin, 1944).

My article came out in 2023 and Dr Mwelwa waits for one year to critique it and guess what is afoot on the third term precedent close to Dr Mwelwa’s article? Whose timing is deliberately intended to influence the outcome? Dr Mwelwa never mentions that I have been writing on the judiciary since 1986 on different topics involving the judiciary and on various forums including the Canadian Lawyer, Lawyers Weekly, Law Times, Contrast Newspaper, Diversity News, Pride Magazine, Toronto Star, For the Defence, The Post (Zambia), African Letter, Pambazuka, Daily Mail, The National Post (Canada), Law Union News, etc, and my 589-psge book on the judiciary. I am into the business of writing including on the judiciary. There is no narrow partisan agenda involved. I have been writing on vacation of precedents, on judicial dissents, on diversity, on competence and incompetence of the judiciary, on appointments, term limits, independence, accountability etc before the third term case came along. I even criticised the Supreme Court Mazoka v. Mwanawasa decision when it came out and predicted that some African court will in future set a precedent that would correct such decisions like Mazoka that missed an opportunity for a ground breaking paradigm shifting decision. The Kenyan Court (2017) and the The Malawi Court (2019) corrected the African judicial misbehaviour in election petition cases.
We should not privilege wrong Constitutional Court decisions on the basis that we are undermining judicial stability and independence and we are threatening the rule of law. There is no evidence that that is my intention. If anything, I am fostering judicial stability, judicial independence and stability, and rule of law by insisting that judicial decisions must be based on the law and not political considerations that take into account the appointing authority. The third term precedent is erroneous ab initio. Lungu came into power through the 1996 Constitution and was and is bound by the structures of that Constitution. Even Articles 2 and 7 of Constitution Amendment No. 1 of 2016 are clear on this. The Constitution does not apply retroactively and clearly left out Lungu from the application of the Constitution Amendment No. 2 of 2016 properly scrutinised using proven constitutional interpretation frameworks, no matter how clever the drafters thought they would include and protect  Lungu in the drafting. Read the analyses of the Amicus brief of the externally based Zambian law professors: Chaloka Beyani, Cephas Lumina and Kelvin Mbao. The ConCourt refused to entertain the Amicus brief. Read the objective and professional opinion of Mr Elias Chipimo Junior at the time of the debates.

Dr Mwelwa’s critique entirely eschews my submission that one of the justifications for the need to vacate the decision is because it was an erroneous decision. The Constitution is clear and our courts have so stated as well that a decision can be vacated in the interest of development of jurisprudence and in the interest of justice (see recently Hakainde Hichilema and Geoffrey Bwalya Mwamba). Vacating precedents is sparingly used and is rare and has never been a threat in Zambia or any country to judicial independence, judicial stability or rule of law and has never devolved into judicial malleability to swing in the interest of political interests as claimed by Dr Mwelwa. If anything, it is the continuing constitutional amendments that try to favour every incoming regime that must be feared and not the vacation of erroneous precedents which are rarely made in Zambia, Canada or US etc. Every regime in Zambia tries to amend the Constitution. Consider the ramifications of Bill 10 of 2019 if it ever succeeded.

Dr Mwelwa also does not dwell squarely on my analysis of the importance of powerful dissents that empower future vacation of precedents. I didn’t create that. Powerful analyses on this are littered in books like “Scalia Dissents” and “How Judges Think”. Such analyses have no partisan interests.

Dr Mwelwa also fails to deal with vacation of wrong precedents by presidents including President Reagan creating a commission of inquiry to examine the Korematsu case and Prime Minister Brian Mulroney who set a commission of inquiry to examine the erroneous and unjust internment of Japanese Canadians during the Second World War. Reagan and Mulroney compensated the wronged. Vacation of bad precedents is not only a matter of the judiciary, leaders can and have been involved as well.

Dr Mwelwa eschews to analyse this fertile ground of judicial or political vacation of bad judicial or political precedents. These are no threats to judicial independence or judicial autonomy or stability. They are vehicles for correcting past injustices from wrong or bad precedents. They are vehicles for imparting justice and accountability.

There is another route that is common in Canada. A judicial process embedded in legislation that facilitates reopening of suspected wrongful convictions. A number of wrongfully convicted have been exonerated using that process. Re-examining suspected wrongful convictions in an attempt to provide justice is not a threat to judicial finality, judicial independence, autonomy or stability. It is a powerful tool for judicial accountability and provision for the ascertainment of justice

Dr Lawrence Mwelwa need not fear the vacation of wrong precedents. How many times has the third term precedent been challenged in court: 3, 4,5 etc times? That is how controversial that precedent has been. It is the stuff of which attempts to vacate that erroneous precedent is made of. Justices have been complained against by ordinary citizens because of that precedent directly or in part. Some justices have been dismissed because of that precedent in part. There is no other precedent in Zambian judicial history as controversial and so much litigated as the third term precedent. That is where we started the article and that is where I will end it.



The author teaches Law of Evidence, Criminal Law and Research Methodologies in Law. Email:

munyonzwe.hamalengwa@zaou.ac.zm

On Forfeiture of Property or Proceeds of Suspected Crime

The tyranny of good intentions and the death of the presumption of innocence

●two pieces of legislation come are shifting the burden killing the presumption of innocence is concerned.

●The first is the Forfeiture of Proceeds of Crime Act No. 19 of 2010 (FOPA) and the second is the Anti-Corruption Act No. 3 of 2012 (ACA). Prior to its enactment in 2010, the general position was that the accused was innocent until proven guilty.

●It eroded the presumption of innocence and effectively put accused persons in a position of “guilty until proven innocent”. It was now the duty of accused persons to prove their innocence.

By Joseph Chirwa

Introduction

In Zambia, like many other countries, accused persons are presumed innocent until proven guilty. This has been the position since the birth of criminal law and this is what is known as the Presumption of Innocence. In criminal trials, the burden of proving an accused person’s guilty lies with the state (prosecution) who are the accuser. The state must produce evidence and discharge this burden to the standard of “beyond reasonable doubt”. This is what is called as the standard of proof. To summarise, the burden of proving a person’s guilty, after being accused of committing a crime, lies with the state who must discharge to the degree and standard of beyond reasonable doubt.

Biblical traces of the presumption of innocence

The presumption of innocence can be traced to the Holy Scriptures in the Garden of Eden. It is recorded in the Book of Genesis that God did not punish Adam and Eve without giving them a chance to exculpate themselves. God adduced evidence to the fact that the two had eaten of the forbidden fruit before he condemned them. The procedure, has since been that the accused are tried and evidence adduced to show their guilt. It is only at that time that the accused person will be condemned to penal sanctions.

Following this position, Article 18 (2) of the Constitution of Zambia has maintained the presumption of innocence. It is a rebuttable presumption which ends upon production of evidence by the state to the required standard. The idea is that the accuser must be given an opportunity to state their case and the accused must equally be given time to state their case.

Tyranny of good intentions

The prosecution of crimes has never been an easy task. Criminal offenders have developed sophisticated ways in which to commit and conceal their crimes. This became a daunting task for prosecutors to effectively prosecute offenders and bring them to book. The sophistication even became more and more especially in the commission of economic crimes.

Crimes such as money laundering and corruption became more and more difficult to prosecute. Later, states realised that as long as the burden of proof lay on the state then it would be impossible to prosecute economic crimes due to their sophistication and complexity.

The global trends moved to shifting that burden from the state to the accused. The intention was good and tyranny moved in. It eroded the presumption of innocence and effectively put accused persons in a position of “guilty until proven innocent”. It was now the duty of accused persons to prove their innocence.

The death of the presumption of innocence

The presumption of innocence is slowly dying and being killed through legislative interventions. It is uncommon in today’s world that state governments, using legislative organs as accomplices, have promulgated laws that have shifted the burden of proof from the accuser to the accused. This is what is famously beginning to be called “Lawfare”. Under Lawfare, laws are used to oppress the governed and suppress their freedoms.

In Zambia, two pieces of legislation come to mind in as far as shifting the burden of proof and killing the presumption of innocence is concerned.

The first is the Forfeiture of Proceeds of Crime Act No. 19 of 2010 (FOPA) and the second is the Anti-Corruption Act No. 3 of 2012 (ACA). Prior to its enactment in 2010, the general position was that the accused was innocent until proven guilty.

The position was the accuser had the burden of proving the guilt of the accused and not the other way round.

Enter the FOPA, it watered down this position by effectively providing that the accused must prove their innocence. By the controversial decision in the case of The People v Austin Chisangu Liato (2014) this position was cemented into the law of Zambia.

In this case, the Supreme Court overturned the decision of the High Court that affirmed the position in Zambia that the burden of proving one’s guilt lay with the accuser and it was not for the accused to prove their innocence. In its controversial decision, the Supreme Court held that it was only for the accuser to have a ‘reasonable suspicion’ that the accused was in possession of property reasonably suspected to be proceeds of crime and for the accused to account and prove their innocence.

This law has been repeatedly used to torment political opponents and stifle legitimate businesses. It was the Patriotic Front (PF) that reinstated this law after the Movement for Multi-Party Democracy (MMD) had repealed it. For political expedience and to torment former MMD government officials including late president Rupiah Banda, the PF reinstated this law. Over 11 years later, the same law is biting PF officials. Will the UPND learn from this experience or will it be déjà vu in 2026 or whenever power is lost?

The second piece of legislation is the ACA as intimated in the preambular part of this paragraph. The burden of proving one’s guilt has been moved to the accused to prove their innocence most notably under sections 22 and 66 of the ACA. The above provisions, cited below seriatim, have shifted the burden from the accuser to the accused. By this provisions, two fundamental balances in the criminal justice mechanisms have been tampered with. The first is that the burden of proof has been shared between the state and the accused. The state proves one’s guilt halfway and then the accused has to prove their innocence. It follows that the accused is somewhat guilty until proven innocent. It also follows that it is the accused that must prove their innocence.

Good intentions of the framers, fuel for ill-motive

Cardinal and canonical jurist Jean Lamoine and other early proponents of the presumption of innocence must be have their bodies turning looking at the assault of this fundamental feature of the criminal justice process through Lawfare tactics. The framers of the law of the land as found in Article 18 (2) of the Constitution were motivated by the writings of the likes of Jean Lamoine and a plethora of thinkers and philosophers. The idea is that the accuser, usually the state, have massive resources at their disposal to investigate and proffer evidence warranting the conviction of an individual. With the aid of accomplice legislatures, the accusers work has been made easy. Instead of investigating and gathering enough evidence, all the accuser has to do is to have a reasonable suspicion. Laws such as the FOPA and ACA, aided by decisions like the one in Austin Liato defeat the principle of presumption of innocence. Such laws must be visited as they promote impunity and excesses on the part of the state, which is the accuser.

To shift the burden of proving one’s guilt or innocence on the accused defeats the long held and cherished principles such as the presumption of innocence. This principle can be traced from the Garden of Eden and will be used at Judgement Day. The process is for the accuser to lay their evidence and if overwhelming the accused to exculpate themselves and if they fail or there is no excuse or justification then they are said to be guilty as charged.

Is the current law sustainable? Is it in order to assume all accused persons are guilty? Is it proper to have an environment in which citizens cannot prosper without the fear of them being accused of being criminals? Why do we wait until change of government before going after those suspected to be in possession of proceeds of crime? Is this confirmation that our law enforcement is not independent but politically controlled? What have we done in order to change the status quo?



The author wrote “Chirwa’s Treatise on Criminal Justice Management in Zambia”. His upcoming title with Peter Malopa Mwanza entitled “Environmental Law and Policy in Zambia” published by Diamond Books of Canada is scheduled for release in May, 2022. Send comment to: counselchirwa@gmail.com.

Open Letter to Mr. Milupi: Uphold Leadership, Respect the Catholic Church, and Serve the Zambian People

Dear Mr. Milupi,

I write to you as a deeply concerned and patriotic Zambian, compelled to address your divisive and misinformed remarks accusing the Catholic Church of “glorifying the Patriotic Front (PF)” in its recent pastoral letter. Your statements are not only baseless but reveal a troubling lack of appreciation for one of Zambia’s most respected institutions. This attack on the Church distracts from the critical issues affecting millions of Zambians and highlights a glaring failure to embrace the accountability and humility required of a leader.

The Catholic Church has long been a moral compass for Zambia, unwavering in its advocacy for justice, equity, and the welfare of the vulnerable. Its pastoral letter was a principled critique of governance, not an endorsement of any political party. To dismiss the Church’s voice as partisan because it highlights uncomfortable truths is both irresponsible and insulting to the millions of Zambians who rely on its courage to speak truth to power.

The Catholic Church: A Beacon of Truth and Justice

The Catholic Church is not, and has never been, a political institution. Its mission transcends political interests, focusing on justice, uplifting the downtrodden, and holding leaders accountable to principles of good governance. It has consistently stood at the forefront of Zambia’s development, even amid political hostility and social upheaval.

Throughout Zambia’s history, the Church has defended democracy, amplified the voices of the oppressed, and advocated for human rights. During the liberation struggle, it mediated peace and ensured the inclusion of marginalized voices. During the transition to multi-party democracy, it courageously confronted dictatorship and demanded reforms. Today, it remains a pillar of hope, committed to justice and equity, particularly for the most vulnerable.

The pastoral letter you dismissed was not a political maneuver but a reflection of the dire concerns facing ordinary Zambians. These concerns include:

1. The relentless rise in the cost of living, leaving millions unable to afford basic necessities. Families are plunged into poverty, struggling to put food on the table.

2. Delays in governance reforms, promised by the UPND during its campaign. These unmet promises have bred disillusionment and doubt about the government’s sincerity.

3. Marginalization of regions and communities excluded from development initiatives, deepening inequalities and fostering alienation.

4. A worsening energy crisis, which disrupts livelihoods, cripples businesses, and exacerbates economic hardships.

5. Unlawful arrests and detentions, which signal democratic regression and undermine Zambia’s commitment to justice and the rule of law.

6. Repressive legislation, such as the Penal Code Amendment Bill of 2024, which threatens to reverse decades of progress on protecting fundamental rights and freedoms.

7. Erosion of trust in the judiciary, with allegations of political interference undermining its impartiality and public confidence in the rule of law.

These issues are not partisan—they are the lived realities of millions of Zambians who entrusted this government with their hopes for a better future. By addressing them, the Church fulfills its sacred duty to advocate for justice and accountability. If the PF was mentioned in passing, it was not to “glorify” past governance but to contrast public expectations with the government’s performance. The focus should be on resolving these critical issues, not silencing those who highlight them.

The Pastoral Letter: A Wake-Up Call, Not Political Propaganda

Your characterization of the pastoral letter as “glorifying the PF” is not only false but a dangerous distortion of the Church’s intent. The letter was a direct appeal to leadership—an urgent call to address national challenges with transparency, integrity, and inclusivity.

Key demands in the letter include:

1. Public declaration of assets: The bishops urged President Hichilema to lead by example and declare his assets publicly. Transparency at the highest level reinforces the fight against corruption.

2. Integrity in governance: Ministers facing credible allegations of corruption must step aside to allow investigations to proceed without interference. This is essential for ethical leadership and public trust.

3. Judicial independence: The judiciary must be free from political influence to act as an impartial guardian of justice. Allegations of bias must be addressed to restore confidence in our legal system.

These are not partisan demands; they are fundamental principles of good governance. Ignoring them undermines public trust and perpetuates the suffering of millions. By dismissing these calls, you sidestep accountability and alienate those who seek constructive dialogue for the nation’s betterment.

The Dangerous Consequences of Your Rhetoric

Your remarks are not just an attack on the Catholic Church—they are an attack on every Zambian who believes in justice, fairness, and accountability. The Church has been a tireless advocate for social justice, providing education, healthcare, and hope to millions of Zambians. To diminish its contributions and question its motives undermines a vital pillar of our society.

At a time when Zambia faces economic hardships, political disillusionment, and social unrest, divisive rhetoric deepens fractures and weakens the nation’s ability to confront its challenges. Leaders who resort to deflection and finger-pointing betray the people they are meant to serve.

Leadership Demands Accountability and Action

As a senior government official, your role is not to attack those who hold you accountable but to address their concerns with humility and resolve. Leadership is not about silencing critics—it is about rising to the occasion and delivering on promises. The pastoral letter is not a personal attack on you or the UPND government; it is a reflection of the deep frustrations felt by Zambians across the country.

To move forward, you must:

1. Acknowledge the struggles of ordinary Zambians, who are battling rising costs, broken promises, and deteriorating public services.

2. Engage stakeholders constructively, including the Catholic Church, to foster unity and develop solutions to Zambia’s pressing challenges.

3. Deliver tangible results by addressing the cost of living, implementing governance reforms, and restoring trust in key institutions.

Ignoring these demands will deepen public disenchantment and jeopardize the government’s legitimacy. Now is the time for bold, decisive, and principled leadership.

A Call to Rise Above Division

The Catholic Church’s message is not about politics—it is about justice, truth, and accountability. It is a call to action for all leaders to rise above petty divisions and focus on the real work of serving the Zambian people.

Mr. Milupi, your responsibility is not to defend the government at all costs but to ensure that it fulfills its mandate. The people of Zambia deserve leaders who prioritize their well-being over political expediency.

The challenges we face—rising poverty, economic instability, and democratic backsliding—require humility, courage, and collaboration. I urge you to abandon divisive rhetoric, focus on delivering results, and engage constructively with those who seek to hold you accountable.

Conclusion

Zambia stands at a crossroads, and its future depends on leaders who rise above defensiveness and focus on solutions. The Catholic Church has spoken not for itself but for the millions of Zambians who feel abandoned by their leaders. Its critique is not an attack; it is a plea for action.

Mr. Milupi, the time for blame-shifting is over. It is time to lead with integrity, humility, and a steadfast commitment to the people of Zambia. Our nation deserves better, and it is your responsibility to rise to the occasion.

Sincerely,
Thayndiwe Ketis Ngoma
A Concerned and Patriotic Zambian Citizen

Amb. Emmanuel Mwamba writes;

Musokotwa broke the law on allowing Audit of Defence and Security wings by private entities

….the Auditor General can only appoint external auditors to audit the defence forces
where circumstances of an audit justify such subcontracting, and additionally, the prior written consent of the President, authorizing access by external auditors is obtained…..

Minister of Finance, Dr. Situmbeko Musokotwane, has justified hiring and paying out K16.8million to private audit firms that conducted the audit exercise on the defence and security forces.

As we stated then, both payments and the exercise remain illegal according to the Public Audit Act as the Auditor General did not sanction such an audit and did not obtain prior consent from the President as demanded by the law.

Let me quote from the Law Association of who strongly objected to Musokotwane’s decision;
“From the onset, it is the Law Association of Zambia’s position that the Auditor General has
general power to appoint external auditors under section 10 of the Public Audit Act, No. 29 of 2016 to audit any state organs and state bodies.”

“Despite this general power to appoint external auditors, the Auditor General’s authority to subcontract the audit of the Defence Forces is limited by the provisions of section 24(3) of the said Public Audit Act, No. 29 of 2016, which expressly enjoins the Auditor General not to permit any authorised person, agent or specialist consultant to have access to any book, record, returns report
or other document, or to enter the premises of any component of the defence force, national
security services or a law enforcement agency.”

“The restriction on access to records of the Defence Force is re-echoed under the provisions of section 73(2) of the Public Finance Management Act,No. 1 of 2018.”

“These provisions are aimed at ensuring that the security of the nation is not compromised.
However, the Auditor General can only appoint external auditors to audit the defence forces
where circumstances of an audit justify such subcontracting, and additionally, the prior written consent of the President, authorizing access by external auditors is obtained.

“This is provided under section 73(3) of the Public Finance Management Act, No. 1 of 2018 and the preconditions are meant to safeguard national security”.

Nkombo asks to be loved, pleads for votes

THE die has been cast and the battle line has been drawn as the United Party for National Development (UPND) has embarked on a journey to take over Eastern Province starting with the wards while eyeing the Dilika Ward in Chipata.

https://www.facebook.com/share/p/18ANb8ZCju/?mibextid=oFDknk

On Tuesday, the people of Dilika Ward will have to choose a new councilor from nine candidates following the resignation of Florence Jere who left the position after finding greener pasture earlier this year.

On Friday just after delivering a speech following the commissioning of a Motor grader in Chipata Central, Local Government Minister Gary Nkombo went on his knees to plead on behalf of UPND candidate, Lewis Zulu for votes in the forthcoming by-elections.

He reminded the residents of Chipata of President Hakainde Hichilema’s love for the people through development works currently happening such as the new markets and bus stops being rehabilitated and expanded, the Increase of CDF from K1.6 million  to K36.1 million, free education among other achievements.

“He (President Hichilema) gave you [the people of Eastern Province] 100 percent, two out of two but the total number of MPs is 20 here. In Sinda there is no UPND MP but we have started to develop a market and bus station there. It only shows that the President loves you,” Nkombo said.

“In Katete, we failed as well. We don’t have an MP, councilor, or a mayor but they are also smiling today as you could see the Kapoche MP expressing gratitude over the development (rehabilitation of market and a bus station). Even if you didn’t vote for President Hichilema, he has given the people of Katete a new market, the same as here [in Chipata], the same as Lundazi”

He asked the people to show the same love President Hichilema had shown them.

“Tipempa kuti mutikonde, elo tilibe nama nyazi kupempa kukondewa (We are pleading with you to love us as well. And we are not ashamed to ask to be loved,” said Nkombo

“We want your votes here, we want not to be disappointed here. The answer on Tuesday is in your hands.”

And Chipata Central Member of Parliament, Mutolo Phiri added his tenor voice to drum support for Zulu, asking the people to give him a UPND councilor so that that development can flow smoothly in the ward and Constituency.

Phiri shared that there will be improvement in sanitation, Health Care among other development once Zulu is ushered in.

Out of 11 wards in Chipata, the UPND has no councilor of their own.

Meanwhile, Nkombo said the motor grader was bought at K3.7 million under the 2024 Constituency Development Fund

“This equipment is costing K3.7 million. I am reliably informed that Chipata which houses two constituencies Luangeni and Chiapata Central each bought this equipment which means the cost that you spent on these 2 equipment is in the regional neighborhood of K7 million in one year,” he shared.

“When you were voting for Hakainde Hichilema you were voting for this in the same breathe those who said no President Hichilema were saying no to this.”..https://kalemba.news/politics/2024/11/18/nkombo-asks-to-be-loved-pleads-for-votes/

By Moses Makwaya

Kalemba November 18, 2024

Zambia’s Political Landscape Faces Uncertainty as Democratic Union Prepares for Launch


As Zambia prepares for the official launch of the Democratic Union (DU) on 4th December 2024, questions are emerging about the true implications of the party’s entry into the political fray. Set to be inaugurated at Lusaka’s Urban Hotel, the event marks the beginning of what its leaders describe as a “transformative movement” aimed at reshaping Zambian politics. However, as political pundits and analysts closely watch the party’s development, there are growing concerns about whether DU can live up to its ambitious promises.

The Democratic Union presents itself as a beacon of hope for Zambia, with a manifesto promising integrity, transparency, and a government “of the people, by the people, and for the people.” Under the leadership of Mr. Ackim Antony Njobvu, a self-styled political visionary, the party claims to represent a wide cross-section of Zambian society, including youth, women, civil servants, and domestic workers. However, political observers are asking whether DU can deliver on its vision, or if it is merely another addition to Zambia’s long list of unfulfilled political promises.

“The promises made by the Democratic Union, while commendable, are far from novel,” says Dr. Chomba Mwansa, a political analyst at the University of Zambia. “We’ve heard similar rhetoric from numerous political parties in the past, only for them to fall short once in power. The challenge now is whether this party can differentiate itself in a meaningful way or if it will succumb to the same entrenched systems of patronage and inefficiency that have plagued Zambian politics for decades.”

One of the major criticisms surrounding DU’s launch is the perceived lack of clarity in its policy proposals. While the party’s manifesto speaks in broad terms about creating a fairer society, promoting unity, and ensuring opportunities for all, it has yet to outline specific, actionable plans to address the nation’s most pressing issues. For example, the DU has made no substantial remarks on tackling Zambia’s mounting debt, unemployment, or the widening gap between the rich and the poor.

“I’m still waiting to see the details,” says Charles Mumba, a Lusaka-based journalist with a focus on political affairs. “What are they actually going to do about the growing national debt? How will they tackle the youth unemployment crisis? So far, their statements sound more like slogans than concrete policy proposals.”

Moreover, DU’s commitment to transparency and accountability is being met with skepticism. Critics argue that without clear institutional frameworks to hold its leaders accountable, such promises could be little more than political rhetoric. “Zambia has seen too many politicians promise change only to revert to business as usual once in power,” Mumba continues. “We need to see real commitment, not just words.”

Another pressing concern is the party’s internal cohesion. The formation of the Democratic Union has been described as the result of a fragmented political establishment, with various individuals from across the political spectrum seeking a platform. This raises the question of whether the DU can maintain a unified front, especially given the diversity of ideologies within its ranks. Political parties in Zambia have often fractured due to internal conflicts and power struggles, leading to instability and a loss of public trust.

While Mr. Ackim Antony Njobvu, the DU’s president, is positioning himself as the face of a new era for Zambia, his leadership has not been without controversy. In the past, Njobvu has been associated with previous political movements that struggled to gain traction, and some critics are questioning whether his leadership can truly inspire the kind of change that Zambia needs.

Zambia’s political landscape is at a crossroads. After the 2021 elections, which saw the victory of President Hakainde Hichilema and the United Party for National Development (UPND), the country has seen both progress and setbacks. Economic challenges, including soaring inflation and the ongoing effects of the global pandemic, have left many Zambians feeling disillusioned with the political elite. In this context, the emergence of the Democratic Union could be seen as a response to public dissatisfaction with the status quo.

However, some fear that the entry of another political party will only serve to fragment the opposition further, making it more difficult to challenge the ruling government effectively. With many opposition groups already struggling to present a united front, the DU’s entry into the political arena could exacerbate the divisions that have plagued Zambian politics for years.

The launch of the Democratic Union represents a pivotal moment in Zambia’s political history. Whether it succeeds or falters will depend not just on the strength of its leadership, but on its ability to offer clear, practical solutions to the country’s myriad problems. The stakes are high — Zambia is in need of a leadership that can navigate its economic challenges, unite a fractured nation, and restore public trust in government institutions. For now, the Democratic Union’s promises remain untested, and only time will tell whether the party can fulfill its lofty aspirations.

As the DU prepares for its official launch, Zambians will be watching closely, hoping that this new movement will bring more than just empty promises, but a real path forward for the country’s future.

By: Sarah Tembo
Political Correspondent, Lusaka, Zambia

Open Letter to His Excellency, President Hakainde Hichilema

Subject:
Upholding Promises of Good Governance Concerns of NRFA Employees on the Ndola-Lusaka Dual Carriageway Toll Plazas

Your Excellency,

I write to you as a  concerned Zambian citizen and on behalf of my colleagues, employees of the National Road Fund Agency (NRFA), who are grappling with severe uncertainty and frustration,  what feels like a betrayal of trust. This situation arises from the transition to a Public-Private Partnership (PPP) on the Ndola-Lusaka dual carriageway and the fate of employees at the Katuba, Mayumbi, and Kafulafuta toll plazas.

Your Excellency, during your campaign, you promised the Zambian people good governance, transparency, fairness, and a leadership style rooted in justice and care for the welfare of citizens. I’m  now compelled to question whether these promises are being upheld in the decisions affecting NRFA employees and the so called PPP arrangement looking at reality on the ground.

When the PPP arrangement was announced, NFRA employees raised concerns about job security and sought assurances about fair treatment during this transition. And in response, management provided three options:

1. To opt for redundancy, receive a package, and leave NRFA.

2. To accept redundancy, receive a package, and be recommended for employment with the new contractor.

3. To remain with NRFA and be transferred to other stations.

Most employees chose the second option, believing it was in line with the promises of fairness and continuity. However, what has unfolded is a series of unjust actions that have left NRFA employees feeling exploited and disregarded.

1. Why subjecting employees already in the system to unfair tests despite being recommended for employment under the new contractor. The arrangement which is designed to exclude the long-serving, dedicated employees and discarde them under the guise of these assessments, aiming to frustrate them.

2. Drastic Salary reductions employees are being forced to accept reduced salaries from K15,000 to K5,400. This represents a profound cut, especially in today’s economic climate. How can your government justify these conditions when toll fees are expected to increase? This sharp contrast raises serious questions about the priorities of the PPP agreement what is it you are trying to achieve by forcing people into destitution because good governance is about uplifting people’s lives.

3. Broken promises to  employees who have served the NRFA for more than five years are being treated as disposable. Redundancy packages of less than K500,000 it’s mockly looking at the cost living it cannot  even sustain families or help employees transition to new opportunities. Is this the good governance and leadership we were promised Mr president?

4. Questionable  awarding of the Contract the decision to award this critical contract to a company that seemingly lacks the funds to complete the dual carriageway project raises serious concerns. Why was such a contractor chosen, and why was NAPSA, a trusted national institution, not entrusted with this project to ensure accountability and economic benefit for Zambians?

5. Premature takeover of operations of those toll plazas imply that something sinister is cooking behind the curtains. Why giving  toll gates operations to the contractor before completing the dual carriageway. This move prioritizes the interest of a contractor over the well being of workers and the public, further eroding trust in this PPP arrangement.

6. What is the role of DKB Consulting firm?  Handing over human resource management to DKB Consulting firm has added another layer of opacity. Who truly oversees and safeguards the welfare of workers under this arrangement?

Your Excellency, this situation is not just about NRFA employees it is about upholding the principles of fairness, justice, and accountability and good governance, that you promised the Zambian people. As the leader of this great nation,  I urge you to address the plight of NRFA..

1. Protect NRFA employees who opted for employment under the new contractor let them be retained without unnecessary assessments. Their dedication and experience deserve recognition, not rejection.

2. Ensure Fair Salaries drastic reduction in salaries while increasing toll fees is not only unjust but also a betrayal of the trust of workers and the Zambian people. Salaries must reflect both the cost of living and the value of the work performed.

3. Guarantee Job Security and employment terms under the contractor must provide stability, not exploitative contracts that leave employees in perpetual uncertainty.

4. Let  there  be transparency and full disclosure of the terms and conditions of the PPP agreement and the role of DKB Consulting Firm. The Zambian people deserve to know how this arrangement benefits them and the country at large not just the few selected individuals at the expense of the poor majority Zambians.

5. Reevaluate the Contract entrusting such a critical project to a financially impotent contractor undermines national confidence. Empowering entities like NAPSA to manage the project directly would ensure greater accountability, transparency, and benefit to the nation.

Your Excellency, this is a test of your commitment to good governance, transparency and the promises you made, the fact that, the Zambian people entrusted you with leadership, it doesn’t mean you and your administration have monopoly of wisdom  Zambian are watching. The Ndola-Lusaka dual carriageway project should not become a symbol of broken promises, exploitation, and disregard for welfare of Zambians.

I challenge you to reconsider your stance, not only to correct these injustices but also to reaffirm your commitment to the principles that brought you to office. This is your opportunity to demonstrate that your government truly serves the interests of the Zambian people and not the few elite groups. Your Excellency we are watching, as we continue sipping this bitter cup of coffee of your governance.

Respectfully,
Simpamba Abraham Simpamba
Concerned Citizen
Together We Can Ichalo Bantu!

Open Letter: A Call for Unity Among Zambia’s Opposition Parties

To All Opposition Leaders, Party Members, and Concerned Citizens of Zambia,

Subject: A United Front: The Key to Liberating Zambia from a Ruthless Government

Dear Fellow Zambians,

I write to you not as a member of any political party but as a patriotic Zambian who loves this nation deeply. Zambia is my home, your home, and the home of generations yet to come. Our land, once a shining beacon of peace, democracy, and unity in Africa, is under siege. Today, these cherished values are at risk as we witness the erosion of democratic principles, the suppression of dissent, and the rise of authoritarian governance under the UPND administration.

This is not the Zambia our forefathers envisioned when they fought for independence. It is not the Zambia so many sacrificed to build. And it is not the Zambia we, as patriots, must accept.

The call for a united opposition is not just a political necessity—it is a matter of national survival. The only way to confront the creeping authoritarianism of this government and restore the democracy our people deserve is by building a strong, unified front.

A Dire Threat to Our Democracy

The current government has shown a ruthless determination to tighten its grip on power, using every tool at its disposal to crush dissent, weaken opposition parties, and manipulate public opinion. These actions are not the hallmarks of a democratic administration but of a regime that fears the will of its people.

Under the UPND, state security forces have been used as instruments of intimidation and suppression. Independent media outlets are under siege, civil society is silenced, and opposition leaders are vilified or targeted. The judiciary and other state institutions, meant to uphold justice and fairness, have been weaponized to serve partisan interests.

Fellow citizens, this is not the Zambia we deserve. This government fears accountability because it knows its actions cannot withstand scrutiny. But as history shows, no government can suppress the voice of the people forever. Divided, we remain vulnerable. United, we become a formidable force that no regime can ignore.

The High Price of Division

If Zambia’s opposition remains fragmented, the consequences will be catastrophic—not only for political parties but for every Zambian who dreams of a better future. Disunity allows the government to dominate unchecked, enriching the few while the majority suffer under poverty, unemployment, and economic mismanagement.

Disunity among opposition parties confuses voters, diminishes morale, and leaves ordinary Zambians feeling abandoned. Worse still, it emboldens those in power, who thrive on the chaos and discord within their challengers’ ranks.

As a patriotic Zambian, I call on opposition leaders to see the bigger picture. This is not the time for petty rivalries or personal ambitions. This is about Zambia—our Zambia—and the future of our children. The cost of disunity is too high, and history will not forgive us if we fail to act.

Lessons from Zambia’s Past

Zambia has faced monumental challenges before and has overcome them through unity, resilience, and a shared commitment to justice. In the 1990s, Zambians stood together to dismantle the one-party state. Opposition leaders from diverse backgrounds and ideologies set aside their differences and formed the Movement for Multi-Party Democracy (MMD).

That coalition succeeded because its leaders placed the interests of the nation above their personal agendas. Together, they confronted an entrenched regime and restored democracy to Zambia.

Today, we face an equally daunting challenge. The stakes are higher, and the consequences of failure are graver. We must learn from the past and recognize that unity is not optional—it is the only way forward. Divided, we fall. United, we prevail.

The Path to Unity

Unity is not a slogan; it is a strategy that requires courage, compromise, and a shared vision. Here is how we can achieve it:

1. Develop a Common Vision: Opposition parties must come together around a shared agenda that addresses the most pressing issues facing Zambians—economic hardship, rising unemployment, corruption, and the erosion of freedoms. This vision must reflect the hopes and aspirations of ordinary citizens.

2. Create an Inclusive Leadership Structure: A united opposition must ensure that every party has a seat at the table. Leadership roles must be distributed equitably to foster trust and cooperation among all stakeholders.

3. Engage Citizens Actively: The strength of a united opposition lies in the people. Opposition leaders must actively involve Zambians in shaping their agenda, listening to their concerns, and ensuring their voices guide decision-making.

4. Collaborate with Civil Society and the Media: Civil society organizations, religious leaders, and independent media are vital allies in the fight for democracy. By working together, we can amplify our message and build a broad coalition for change.

5. Adopt a Code of Conduct: Unity requires discipline. Opposition leaders must agree on a code of conduct that prioritizes the collective good over personal ambition. Internal disputes must be resolved privately and constructively—not in public or through the media.

A Message of Hope and Determination

To my fellow Zambians: we are a resilient people, capable of overcoming even the most daunting challenges. We have done it before, and we can do it again. But this time, it will require all of us—political leaders, civil society, the media, and ordinary citizens—to rise to the occasion.

The Zambian people are tired of corruption, mismanagement, and broken promises. They are looking for leadership that prioritizes their needs over personal gain. They want a vision for a better future, one that restores their faith in democracy and their hope for a brighter tomorrow.

A united opposition sends a clear and powerful message: that we, as Zambians, are capable of putting aside our differences to fight for what truly matters—our democracy, our freedoms, and our future. Unity is not a sign of weakness; it is a demonstration of patriotism, strength, and leadership.

A Call to Action

To every opposition leader: this is your defining moment. History will not judge you by the challenges you faced but by how you responded. Will you rise to the occasion and stand together for the sake of Zambia? Or will you allow division to pave the way for continued oppression and suffering?

To every Zambian citizen: demand unity from your leaders. Remind them that their duty is not to their parties or ambitions but to the people of Zambia. Hold them accountable and let them know that the time for ego and infighting is over.

To civil society, activists, and the media: your role is critical. Speak truth to power. Expose injustice. Amplify the voices of the oppressed and ensure that the fight for democracy does not go unnoticed.

The time to act is now. Zambia deserves better. Together, we can build a future where democracy thrives, justice prevails, and every citizen has the opportunity to prosper.

Yours in the fight for democracy and a better Zambia,

Thandiwe Ketis Ngoma
A Proud and Patriotic Zambian

ZAMBIAN ECONOMY PROJECTED TO GROW DESPITE CURRENT CHALLENGES, SAYS FINANCE MINISTER

In a recent address, the Minister of Finance and National Planning, Dr. Situmbeko Musokotwane, expressed optimism about the Zambian economy, which is expected to expand by at least 6% annually, according to an International Monetary Fund (IMF) report. He attributed the current economic downturn to drought conditions that have significantly impacted agricultural output across the country.

Dr. Musokotwane noted that at the beginning of 2024, it was anticipated that the Gross Domestic Product (GDP) would grow by more than 5%. However, projections have now dropped to just 1% due to negative contributions from the agricultural sector, where farmers experienced lower yields this year compared to last. The Minister highlighted that many manufacturing and retail sectors, reliant on electricity produced from water, have also been adversely affected by ongoing electricity shortages.

His comments followed a tour of the Multi-Facility Economic Zone (MFEZ) in Chibombo District, where he lauded the progress made at the facility. He expressed disappointment over negativity surrounding the IMF report, stressing that such perspectives undermine the potential for economic recovery. Dr. Musokotwane pointed out that while some mining companies, including KCM, First Quantum, Mopani, and Lumwana, had previously ceased operations, many have now reopened under the New Dawn government led by President Hakainde Hichilema, contributing to resumed production and processing activities.

The minister underscored that the MFEZ is set to become a hub for job creation, particularly for the growing population of young people in Zambia. District Commissioner Llyod Kayeka echoed this sentiment, emphasizing the MFEZ’s potential to generate revenue and spur economic development in Chibombo District. He commended the collaborative efforts between the local government and MFEZ management.

Charles Ye, Managing Director of the MFEZ, revealed that the facility has been operational since October 2023, with 11 investment agreements securing a total of $129 million. These investments include tobacco cultivation plants and a solar power station. However, Mr. Ye acknowledged ongoing power challenges and announced plans to build a $50 million solar power plant. He expressed hope for further support from the Central Government to attract additional investors.

As Zambia navigates these economic hurdles, the outlook remains cautiously optimistic, with initiatives like the MFEZ positioned to create job opportunities and foster growth in key sectors.@M.G

DON’T COME TO CHURCH WEARING CHARMS, LEAVE THEM AT HOME, BISHOP TELLS CONGREGANTS

CATHOLIC Archdiocese of Ndola Chief shepherd Benjamin Phiri has warned congregants against wearing charms in church which are meant to lure the opposite gender into sinning after church.

In his homily yesterday, Archbishop Phiri stated that those who are in the habit of attracting the opposite gender with their charms while in church should leave their charms at home as a church is a house of God which requires respect.

The Bishop said he gets saddened when congregants fail to concentrate on the word of God in church simply because there are charms tempting them to go and sin with the opposite gender after church.

“You are given an opportunity to be in front, in church, you are just looking at someone to charm so you can go and make them sin after church. Please, don’t wear your charms at church, leave them at home because God cannot be charmed,” preached Archbishop Phiri.

Bishop Phiri told the congregants that it was their duty to follow and rescue those who are living in sin.

“We must be better in the manner that we live our spiritual lives. Christian life does not begin in the church, it begins with the quality of our Christianity at home.”

“Let us rescue those who need to be rescued, don’t laugh at them. It’s our duty to follow them and help them. Let them find strength in us,” he preached.

Meanwhile, the chief shepherd of Ndola also cautioned parents against spoiling their children by allowing them to do whatever they want.

Archbishop Phiri stated that parents who do not reprimand their children will end up attending their own children’s burial before their time.

“We have a duty in the community to give good examples to others even to our children. Some of us think that by allowing our children to do everything they want that means we are loving them more. I don’t want my children to go through what I went through. But you are what you are today because of what you went through. So you want your child to grow up, just a spoiled brat?”

“He will not reach where you are, you will probably be a witness because you will bury your child before you die yourself. We must be able to give instructions to our children,” said the Bishop.

He added that children must also be guided that any adult can reprimand them when they are wrong.

“As a society, as a community we have some of these children nowadays whom when corrected by an adult they will say you are not my mother so you can’t tell me what to do. I can do what I like. That child is in danger. At any small problem, they give up. They grow up without a backbone.”

“A child fails an exam in grade seven they take their life, because ‘I have failed an exam’. what kind of living is that, even animals don’t do that. It’s my body, I can do what I want, really? It’s our responsibility to reprimand our children,” said Archbishop Phiri.

By Catherine Pule
Kalemba

PRESIDENT HICHILEMA CALLS FOR SHARING OF MINERAL RESOURCES

President Hakainde Hichilema says minerals discovered in all parts of the country will be exploited to benefit first the immediate local communities and the country as a whole.

President Hichilema says the understanding that mineral resources discovered in a particular location can only benefit that community should not be the case.

The President was speaking when he paid a courtesy call on chief Chibwika on the sidelines of the official opening of Kasenseli Gold Mine in Mwinilunga district today.

President Hichilema was particularly delighted to have opened the Kasenseli gold mine which is a partnership between government and the people in the host communities.

Mr Hichilema informed Chief Chibwika that he has issued instructions that the young people who discovered the gold at Kasenseli gold mine be given special treatment for their contributions to the discovery of the mineral.

The President said he is aware of issues affecting the new mining areas such as safety gaps which has led to loss of lives stating that government will only operationalise mines which have met minimum operational standards.  

“As government we want to see the mine operate in a safe environment where lives are not lost so that it can benefit the local people and the Country as a whole,” Mr Hichilema said.

He added that government has embraced dialogue with host communities and all stakeholders in ironing out any issues regarding how mines can be more beneficial to host communities.

And Chief Chibwika expressed happiness for having the Head of State open the Kasenseli gold mine.

He stressed on the need to have benefits from the mine trickle down to his subjects.

Chief Chibwika said the Chiefdom and the District in general is expectant and confident of a lot of more developmental projects from President Hichilema and his government as evidenced by the many more developments happening under CDF.

“We have seen a lot of developments in CDF projects and we are expecting to see even more projects in other sectors including the mines,” chief Chibwika said.

ZANIS reports that Kasenseli gold mine is operating under Kamunshishi minerals resources limited as a joint venture between Chibwika chiefdom development trust (CCDT) at five percent shares and Zambia Gold company with 95 percent shares.

Zanis

PF HOLDS EMERGENCY CENTRAL COMMITTEE MEETING

PF TO SUPPORT OPPOSITION CANDIDATE IN KAWAMBWA BY-ELECTION

…as President Lungu warns of entrenched dictatorship and continued abuse of the law by President Hakainde Hichilema….

Sunday-17th November 2024

Zambia’s Sixth President Dr. Edgar Chagwa Lungu, has bemoaned that President Hakainde Hichilema is determined to destroy democracy and the rule of law in Zambia.

He has also warned that as the country goes towards 2026, President Hichilema will continue to break the law, disregard the Constitution and the rule of law as seen in the last 3 years.

President Lungu stated that a fresh illegality was recently witnessed, when new office bearers were illegally changed and illegally installed as leaders of the Patriotic Front.

He said all these decisions were being perpetrated by officers including Minister of Home Affairs and Internal Security, Jack Mwiimbu and his Permanent Secretary, Dickson Matembo, were meant to defranchise and bar the participation of the Patriotic Front in the democratic processes of this country as seen in the last one year.

President Lungu was speaking in his opening remarks during the Emergency Central Committee Meeting held on Sunday 17th November,2024 to resolve the Party’s participation in the Kawambwa by-election.

The Party has also maintained that the by-election being held in Kawambwa remains totally illegal as high court orders issued by the Chinsali High Court to stay and stop the Kawambwa by-election, whose court orders have been blatantly ignored and disregarded.

He said the Party must continue to fight through legal processes but also through political methods.

Meanwhile the Patriotic Front has resolved that it will support a candidate that will be fielded by the Opposition in the Kawambwa By-election.

The decisions were made at an emergency Central Committee Meeting held on Sunday, 17th November 2024.

The Central Committee stated that it will activate party structures to identify a candidate, publicly support and campaign for the identified candidate.

And the Party will place and implement a robust political campaign and urged all MPs, all leaders and ordinary members to camp in Kawambwa in order to honour the Patriotic Front Deputy Secretary General Hon. Nixon Chilangwa, whose seat was being stolen in broad day light.

He said it was important that the Party won the Kawambwa seat.

And the Central Committee has reaffirmed its commitment to reclaim the Patriotic Front despite sustained attack from government against the Party.

The Central Committee formally thanked the Tonse Alliance for its gracious gesture to endorse President Lungu as the 2026 Presidential Candidate.

The Central Committee also reaffirmed its commitment to work with other political alliances and will continue to engage in electoral pacts with other Opposition political parties.

Statement issued by;
Hon. Raphael Nakacinda
Secretary General
PATRIOTIC FRONT

Zambia’s Judiciary at a Crossroads: The Constitutional Court’s Integrity on Trial

By Thandiwe Ketis Ngoma

Zambia’s judiciary, once celebrated as a symbol of fairness and an unwavering defender of the rule of law, now faces a critical test that could irrevocably tarnish its reputation. At the center of this controversy is the Constitutional Court (ConCourt), the nation’s highest judicial authority on constitutional matters, whose decisions are meant to provide finality and clarity in governance. However, the court’s recent decision to revisit the eligibility of former President Edgar Lungu—despite having ruled on the matter multiple times before—has sent shockwaves through the country, raising serious questions about its credibility, consistency, and independence.

How can the ConCourt justify reopening a case that it has already conclusively decided on more than once? What compelling reason exists to revisit settled constitutional matters when no new evidence or legal argument has been presented? Even more alarming is the political context: the appeal is driven by a United Party for National Development (UPND) cadre with close ties to President Hakainde Hichilema. This raises troubling concerns about the court’s integrity and susceptibility to political influence.

The Constitutional Court’s Mandate: A Matter of Finality and Authority

The Constitutional Court is entrusted with upholding the supreme law of the land with finality. Its rulings are supposed to resolve disputes decisively, ensuring legal certainty and political stability. When the ConCourt renders a judgment, that judgment is intended to be the end of the matter. The very principle of judicial finality ensures that the legal system operates with stability, and that the people of Zambia can trust in the impartiality of the law.

Although the ConCourt does have powers to revisit its own decisions in extraordinary circumstances—such as when compelling new evidence is presented or when a significant legal error has occurred—these instances are meant to be rare and exceptional. The ConCourt’s decision to entertain yet another challenge to President Edgar Lungu’s eligibility, in the absence of new evidence or legal reasoning, undermines the very foundation of judicial finality.

This unprecedented move creates a dangerous precedent. If previously resolved cases can be reopened at will, the judiciary risks being seen as politically manipulated, subject to the whims of powerful factions rather than the rule of law. The court’s authority will be seriously compromised, and the public’s trust in the legal system will be shattered.

The Lungu Eligibility Saga: A Test of Judicial Consistency and Integrity

For years, the eligibility of former President Edgar Lungu to contest future elections has been a flashpoint in Zambia’s political discourse. The ConCourt has, on three separate occasions, unequivocally ruled that President Edgar Lungu is eligible to stand for election, affirming that the two years he served following the death of President Michael Sata cannot be considered a full term under the Constitution. These rulings were clear, consistent, and provided a legal foundation on which the electorate and political actors could build.

Yet, in a highly controversial move, the ConCourt has now chosen to revisit this matter. This challenge, launched by a UPND cadre with close ties to President Hakainde Hichilema, is not based on any new evidence or legal argument. It simply rehashes a question that the court has already answered multiple times. The decision to revisit the issue raises serious concerns about the court’s motivations and whether it is bowing to political pressures.

The Dangerous Consequences of Reopening the Case

The ConCourt’s decision to revisit this issue threatens to send the following dangerous messages to the public:

1. Erosion of Judicial Finality
The principle of finality is the cornerstone of any legal system. If the ConCourt can open a case that has already been conclusively decided without new evidence or legal justification, it signals that no ruling is truly conclusive. This fosters uncertainty, not only in the legal system but also in the political sphere. Zambia’s democratic stability is built on the assumption that the judiciary can provide final and binding decisions. The reopening of this case puts that assumption at risk.

2. Perception of Political Interference
The fact that this appeal comes from a political ally of President Hichilema raises grave concerns about the independence of the judiciary. The timing and nature of this challenge suggest that the judiciary may be under political pressure to act in a manner favorable to the ruling party. If the public perceives that the court is acting in the service of political interests, its credibility will be irreparably damaged.

3. Precedent for Endless Litigation
Allowing politically motivated challenges to reopen settled cases without compelling legal justification sets a dangerous precedent. It opens the door for an endless cycle of litigation, where any decision, regardless of its finality, can be challenged by political actors seeking to overturn unfavorable rulings. This would paralyze the judiciary and create a legal environment ripe for manipulation and abuse.

4. Risk of Contradictory Rulings
The ConCourt’s previous rulings on President Edgar Lungu’s eligibility have been clear and consistent. A reversal of those rulings would not only undermine the consistency of the court’s jurisprudence, but it would also fuel political tensions in a deeply polarized country. It would make it clear that legal decisions can be swayed by political forces, further eroding public trust in the judiciary.

The Absence of Justification: A Breach of Judicial Integrity

There is no justifiable reason for the ConCourt to reopen this case. No new evidence has emerged, and no critical legal error has been identified in its previous rulings. The decision to revisit the issue seems arbitrary and politically motivated. Zambians have every reason to question the integrity of the court if it allows itself to be swayed by political considerations rather than legal principles.

The very foundation of the judiciary rests on its ability to render consistent and impartial decisions. Reopening a case without justification sets a dangerous precedent and risks undermining the public’s trust in the rule of law. The court must act transparently and be held accountable for its decisions.

The Broader Impact on Zambia’s Democracy

The ConCourt’s actions have broader implications that reach beyond this one case. The integrity of Zambia’s judiciary is integral to the health of its democracy. If the public perceives the judiciary as politically compromised, trust in the entire democratic process will erode.

1. Loss of Public Confidence
A judiciary that cannot be relied upon to deliver consistent and impartial decisions creates a dangerous climate of distrust. If the courts are seen as tools of political factions rather than independent arbiters of the law, Zambia’s democracy will be at risk.

2. Increased Political Instability
This case detracts from the pressing national issues that Zambia faces, deepening political divisions and casting a shadow over the electoral process. A judiciary that appears politically compromised risks destabilizing the entire political system.

3. Judicial Exploitation
By opening the door to endless challenges against settled matters, the judiciary exposes itself to exploitation by powerful political interests. This threatens to turn the courts into instruments of political maneuvering, eroding their legitimacy and the rule of law.

A Call for Transparency, Accountability, and Clarity

The ConCourt must provide a clear and compelling explanation for its decision to revisit this case. What new evidence or legal reasoning justifies reopening a matter that has already been resolved multiple times? Without a satisfactory explanation, the public will be left with no choice but to conclude that the court’s actions are politically motivated.

The judiciary must act as a guardian of democracy, upholding the rule of law without fear or favor. It must remain independent and impartial, adhering to the principles of consistency and finality. If the ConCourt fails to do so, it risks compromising the very foundation of Zambia’s democracy.

Conclusion: Defending Judicial Integrity

Zambia’s judiciary stands at a critical crossroads. The ConCourt’s decision to entertain yet another challenge to President Edgar Lungu’s eligibility is not just a legal matter—it is a profound test of the court’s commitment to impartiality, consistency, and the rule of law.

As the December 10 hearing approaches, the ConCourt must act with the utmost caution. The stakes are high, and the consequences of a decision that undermines judicial integrity will be far-reaching. To preserve the credibility of the judiciary and safeguard Zambia’s democratic future, the court must adhere to the principles of consistency, fairness, and finality. Anything less would be a betrayal of the public trust and a grave disservice to the nation.

MUCHINGA PROVINCE FUEL CRISIS DEEPENS AS MPIKA DISTRICT RUNS DRY-Nakonde and Kasama-bound traffic stranded – Kasonde Mwenda EFF-President

November 15, 2024.

The fuel crisis in Muchinga Province has reached alarming levels, with Mpika District—Zambia’s TAZARA headquarters and a critical node in our Northern Circuit’s trade and export routes—running completely dry. This catastrophic situation has left buses and trucks destined for Nakonde, Kasama, and Mpulungu Harbour stranded, as they scramble for fuel at the only operational filling station in Mpika out of ten.

This is not an isolated incident; it is a glaring manifestation of poor leadership and inept governance by the United Party for National Development (UPND). The Ministers responsible for Trade and Commerce, Transport and Logistics, and Energy—Messrs. Chipoka Mulenga, Frank Tayali, and Makoza Sichone, respectively—continue to handle this escalating crisis with a lack of urgency, as if they are oblivious to the economic and social harm caused by their incompetence.

The EFF is appalled by the UPND government’s continued mismanagement of Zambia’s energy sector. Despite repeated outcries from both local and international stakeholders, the country continues to face a crippling fuel shortage. Prices have been unjustifiably hiked, yet the commodity remains critically scarce, plunging businesses and citizens alike into uncertainty and hardship.

The decision to close the Indeni Oil Refinery—the nation’s only refinery—and to leave the TAZAMA Pipeline underutilized is emblematic of the UPND’s reckless approach to governance. These actions have forced Zambia to rely on costly and inefficient road transportation of imported fuel, instead of leveraging our existing infrastructure to ensure stable and affordable supply.

This mismanagement is a betrayal of the Zambian people. The government’s aloofness in the face of this crisis demonstrates a lack of empathy and strategic foresight. Zambia cannot afford a government that gambles with the livelihoods of its citizens while key sectors such as energy, transport, and commerce falter under its watch.

Our Demands:

1. Immediate Action on Fuel Supply: The UPND government must urgently address the nationwide fuel crisis by restoring operations at Indeni Oil Refinery and fully utilizing the TAZAMA Pipeline to stabilize supply and reduce costs.
2. Accountability: Ministers Chipoka Mulenga, Frank Tayali, and Sichone must take full responsibility for their failures or step aside to allow competent leadership to take over.
3. Proactive Leadership: The government must present a comprehensive and transparent strategy for Zambia’s energy sector to restore confidence among stakeholders and the public.

The Economic Freedom Fighters stand resolute in our commitment to fighting for a Zambia that prioritizes its people’s needs over incompetence and mismanagement. The fuel crisis is a national emergency, and it demands serious, decisive action—not the dismissive attitude currently displayed by the UPND government.

On behalf of the suffering Zambians, I call on the government to wake up from its slumber and deliver on its mandate. Enough is enough.

Wherever we want to go our feet will take us there at.

Kasonde Mwenda C
President, Economic Freedom Fighters – EFF
Date: 15 November 2024

OVER 600 MEMBERS FROM PF, OTHER POLITICAL PARTIES JOINS RULING UPND IN KITWE

16/11/2024-Kitwe

Copperbelt Province UPND Chairlady Patricia Mwaanga welcomed over 600 new members from PF and other opposition parties this afternoon.

Mrs. Mwaanga emphasized the need to continue working hard to strengthen party structures in the province. She made these remarks during the Copperbelt Province Head Count by National Women’s Wing, aimed at auditing party structures .

Mrs. Mwaanga encouraged women to mobilize the party ahead of the 2026 general election. “As women on the Copperbelt Province, we will continue working hard and acquiring more party regalia,” she said.

New member Susan Kabaso shared why she left Patriotic Front (PF) for UPND, citing President Hakainde Hichilema’s impressive accomplishments in just three years. “UPND has good policies and delivers on citizen expectations,” she noted. Key areas of success include:Cash Transfer the effective financial support to those in need,Free Education Policy – accessible education for all,Revamping of the Mining Sector,for economic growth and job creation among several other achievements.

These initiatives demonstrate UPND’s commitment to progress under President Hichilema’s leadership .

UPND ZAMBIA

When I remind Government to fulfil its promises, it doesn’t mean I’m against it – Mphezeni

PARAMOUNT chief of the Ngoni people has called on government to actualise the promises it makes to the people.

https://www.facebook.com/share/p/184URR7trh/?mibextid=oFDknk

“When you make a promise fulfil it,” he said while Local Government and Rural Development minister Gary Nkombo paid him a visit at his Ekuphendukeni palace in Chipata Eastern Province on Friday.

Nkombo paid a courtesy call on the traditional leader to update him on the newly bought motor grader by the Chipata Municipal Council and Government’s commencement of the rehabilitation of markets and bus stops in four districts of Eastern Province.

Yesterday the minister flagged off the project, a collaborative effort between the Zambian government and the German government through the German Development Cooperation (KFW) which aims to enhance the socio-economic well-being of citizens by improving infrastructure and empowering local authorities.

Four districts that will be benefiting from this initiative include; Chipata, Lundazi, Katete and Sinda at an estimated cost of K 109.7 million, and the projected is projected to conclude within 12 months.

Chief Mphezeni was excited about the development and welcomed the development with both hands.

However, he reminded the minister and his entourage which included, Mtolo Phiri, the Agriculture Minister Eastern Province Minister Peter Phiri among others the importance of keeping promises.

Mphezeni added that when he reminds government to fulfil it’s promises, it doesn’t mean he is against it but that he is merely a speaker passing on the message from his subjects.

“I’m not against Government but I believe that when someone promises something they have to fulfill it….Ine nisebenze na boma, nisebenza lini na opposition ( I work with the government, I don’t work with the opposition).” Mphezeni clarified.

He acknowledged that the Government is working.

“As you can see, there is a grader [being commissioned today]. Before now, Chipata Municipal Council didn’t have a grader, we used to hire to work on roads. So as you have commenced the project, expedite on the works,” Mphezeni told the minister.

The Minister told Mphezeni that he had the right to air out his grievances stating that if the Chief doesn’t open up, how could the Government know the challenges.

Recently, there was a video that circulated online of the traditional leader blasting Minister of Green Economy, Mike Mposha because of halted works on dams

However, the provincial minister revealed that Government has started working on the dams.

“The ministry has started working on the dams your majesty, what you [chief Mphezeni] did the last time [When Minister Mposha came] was just a reminder that we left a promise [yet to be actualised],” said Phiri…https://kalemba.news/local/2024/11/16/when-i-remind-government-to-fulfil-its-promises-it-doesnt-mean-im-against-it-mphezeni/

By Moses Makwaya

Kalemba November 16, 2024

Open Letter to Mines Minister Paul Kabuswe and President Hakainde Hichilema: The Truth About Mopani Copper Mines

Dear Paul Kabuswe and His Excellency President Hakainde Hichilema,

As the Mopani Copper Mines saga unfolds, it is becoming increasingly clear that this is no ordinary debate. What we are witnessing is a turning point in our country’s governance, one that raises critical questions about leadership, accountability, and the administration’s commitment to the Zambian people.

When the Mopani deal was first announced, many of us raised red flags. We questioned why such a strategic national asset would be handed over to IRH without adequate transparency or public consultation. More especially the parliamentary approval. This is not just an oversight it is a fundamental breach of trust.

Paul Kabuswe, as Minister of Mines, your primary responsibility is to safeguard Zambia’s wealth and future. This is not about policy alone it’s about integrity. The decision to transfer 51% of Mopani’s shares to IRH Company, bypassing parliamentary approval, violates the principles of democracy and accountability.

I understand Paul Kabuswe, can  not operate in isolation. President Hakainde Hichilema, as the Head of State, carries the ultimate responsibility for ensuring that such significant national decisions are transparent and in the best interests of Zambians. This deal could not have been executed without your knowledge and blessing, Mr. President.

If this transaction is above board, why was it not taken to Parliament for deliberation and approval? Why is there so much secrecy surrounding a deal that directly impacts thousands of workers, their families, and the nation’s economy?

From the moment Mopani was handed to IRH, many Zambians, myself included, raised concerns about the lack of due diligence and transparency. These concerns were dismissed as misplaced skepticism. But now, the rushed and opaque transfer of 51% of Mopani’s shares to IRH Company has confirmed our worst fears. And i comend the Honorable members in August house who are seeking clarification concerning 51% shares transfer IRH.

Mr. President, you campaigned on promises of transparency, accountability, and economic reform also the rule of law. This deal, shrouded in secrecy and devoid of proper oversight, contradicts the very principles that earned you the trust of Zambians.

Mopani Copper Mines is more than just a company. It symbolizes Zambia’s economic potential, providing thousands of jobs and billions in potential revenue. It is a cornerstone of our national pride and identity.

To sell off its shares without parliamentary approval is not just procedural misconduct it is an affront to the Zambian people. Bypassing Parliament undermines the democratic process and erodes public trust in your administration.

Questions You must answer  and Zambian people needs answers from you…

1. Why was Parliament bypassed in the transfer of 51% of Mopani’s shares?

2. What due diligence was conducted on Dealter Company, and what qualifies them to hold such a critical national asset?

3. How does this deal benefit the Zambian people, particularly the workers and communities that depend on Mopani?

4. Who stands to gain from this fraudulent deal arrangement?

5. Mr. President, how does this deal align with your promise of transparency and reform?

This is a defining moment for your administration. Mr. President, your leadership will be judged by how you respond to this issue. Will you stand on the side of transparency and the Zambian people, or will you allow this deal to proceed under a cloud of secrecy?

As to Paul Kabuswe, the nation is watching. Parliament is watching. The workers at Mopani and their families are watching. If you cannot justify this deal with clear and convincing answers, then perhaps it is time to reflect on whether you are fit to hold the position of Minister of Mines.

Mr. President, your promises of reform gave hope to millions of Zambians. This is your opportunity to prove that your administration is truly committed to those promises. Mopani is not just about copper it’s about trust, governance, and Zambia’s future.

The Zambian people deserve better. It is time for both of you to come out clean about the Mopani deal and return the matter to Parliament where it belongs. Anything less would be a betrayal of the people who entrusted you with the leadership of this great nation.

Sincerely,
Abraham Simpamba
Concerned Citizen
Together We Can Ichalo Bantu!

ZCCB PASTORAL STATEMENT ON THE STATE OF THE NATION

●We have seen leaders subscribe to particular principled positions when in opposition only to repudiate those very positions when accorded the instruments of power.

It is such behaviour that gives our politics a bad name.

● Unfortunately, review of the prevailing political environment indicates a deeply worrying departure from the ideals of a politically plural society.

● Chief Justice of Zambia Mr Mumba Malila SC to put the important institution he leads in order

● Government to seriously consider postponing the amendment of Zambia’s Constitution to the post-2026 election period. This is because it is too late to build the kind of consensus that is required for such a serious exercise.

● We therefore reject the proposed amendments to Section 70 (Hate Speech) in their entirety because they are too vague, too broad, open to abuse, have the potential to and undermine the freedom of expression guaranteed in Article 20 of our Constitution, and clearly designed to target critics and political opponents of the party in government.

● We ask the Republican President to suspend from office any public leader facing investigations in order to prevent them from interfering with the process. Furthermore and, in the spirit of transparency and exemplary leadership, we urge the President to publicly declare his assets and liabilities, even though there may not be such a law compelling him to do so interference from the police.

● Furthermore and, in the spirit of transparency and exemplary leadership, we urge the President to publicly declare his assets and liabilities, even though there may not be such a law compelling him to do so.

●We appeal to the Government to put in place effective interventions that will reduce the cost of living that continues to escalate.

●Government should increase the State’s shareholding percentage in foreign mining companies and to review the tax holidays that were extended to such companies in previous budgets.

ZCCB PASTORAL STATEMENT ON THE STATE OF THE NATION

“Seek Justice, rescue the oppressed, defend the orphan, plead for the widow” (Isaiah 58:6-7)

Dear Brothers and Sisters in Christ and all people of goodwill.

May the peace and love of our Lord Jesus Christ be with you all.

PREAMBLE
We, the members of the Zambia Conference of Catholic Bishops (ZCCB), recognizing the abundant blessings God has bestowed upon our nation over the past 60 years since independence, wish to convey our Congratulations to the Republican President, the Government and all people of Zambia, as we pay tribute to the gallant men and women who fought for this independence.

It is in this context of Zambia @ 60 that, having listened to the cries of our people for guidance on political, economic, and social issues affecting the nation and, guided by Sacred Scriptures, the Social Teaching of the Church, the principles of justice, peace and compassion, take this opportunity to raise
some pertinent issues on the state of our nation

1. ● POLITICAL SITUATION
The Constitution of Zambia, as amended in January 2016, starts with a gripping preamble that is worth quoting in its entirety for two reasons.

The first is that it safeguards the work of the Church as shepherds entrusted with
pastoral care of the flock of God and who continue to stand in solidarity with the people of Zambia, especially the poor, the needy and the marginalised.

Nothing that is genuinely human fails to find an echo in our hearts. Therefore, the joys and hopes, the griefs and anxieties of the people of our time, especially of those who are poor or afflicted in any way, are our joys and hopes
our grief and anguish as well.’

The second reason is that the preamble in the Constitution serves as a reminder of the fundamental liberties and freedoms that the Zambian people wanted to exercise and enjoy when they re-introduced multiparty democracy in 1991.

Here is what it says:
“We, the people of Zambia:

ACKOWLEDGE the supremacy of God Almighty;

DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion;

UPHOLD the human rights and fundamental freedoms of every person;
COMMIT ourselves to upholding the principles of democracy and good governance;
RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest;
CONFIRM the equal worth of women and men and their right to freely participate in,
determine and build a sustainable political, legal, economic and social order;

RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and Zambia’s resources shall sustainably remain a unitary, devolved multi-party system and of democratic governance; sovereign

RESOLVE that State;
RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia;

AND DIRECT that all State organs and State institutions abide by and respect our sovereign will;

DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION”

The meaning of this preamble is clear and does not require much interpretation. Its carefully chosen words convey the message that the conduct of those in the political environment must be guided at all times,by
the principles and values that are stipulated in this preamble.

Unfortunately, review of the prevailing political environment indicates a deeply worrying
departure from the ideals of a politically plural society.

1.1●Increasing arrests of opposition
politicians and unlawful detentions

We are gravely concerned by the turnover of arrests of opposition politicians by the Zambia Police Service.

For instance, not less than six presidents of
opposition parties have been arrested on various charges in the recent past
and the number- is much higher when includes other officials of the political
opposition. Here, it is worth noting that we are not referring to arrests related to corruption; We are referring to arrests of a political nature that fall within the realm of the exercise of democratic rights.

It is not possible that only opponents of the party in power are criminally minded, So we are left to wonder if the frequent arrests and detentions of opposition leaders and officials is deliberate strategy aimed at instilling fear and intimidation in them, keeping them busy in court with costly and time- consuming litigation that underminest their political work, and potentially securing convictions that
could exclude them from participating in future electoral contests.

We urge the authorities to accept the existence of the opposition and respect their duty to hold the government to account and to desist from criminalising political
speech and debate.

In a truly functional constitutional democracy, neither the police nor the party in power have the authority to prescribe to opposition
parties how the government should be opposed.

Even more alarming is the disturbing trend by the police of keeping suspects in detention for a period longer than prescribed by the law.

Examples of those who have fallen victim to these prolonged and unlawful detentions abound and they include journalists, ordinary citizens, and both civic and political leaders who express dissenting views through speech and peaceful protests.

These actions by the Zambia Police Service undermine the fundamental rights
and freedoms of speech and assembly and cast doubt on the government’s
commitment to democratic governance.

During his election campaign prior to
the 2021 general election, President Hakainde Hichilema pledged to uphold as per the preamble of the human rights and ensure the rule of law, Constitution of Zambia.

However, recent events have tended to cast doubt on the promises made.

Detaining individuals without charge and subjecting them to prolonged detention in inhumane conditions without trial is a clear violation of people’s fundamental rights and freedoms.

It is imperative that the Zambian Constitution serves as a reminder of the fundamental liberties and freedoms introduced multiparty democracy in 1991.

1.2● Retention of Anti-democratic Laws and the Penal Code Amendment Bill No.17  of 2024

We are deeply concerned by the continued failure by the Government to repeal
anti-democratic provisions in laws such as the Cybersecurity and Cybercrimes Act, the Public Order Act, and several sections of the Penal Code Act such as those that criminalise libel.

All these provisions undermine the enjoyment of human rights and fundamental freedoms and the principles of democracy and good governance that are signalled in the Constitution’s preamble.

These legal provisions are not reasonably justifiable in a preamble democratic society.

They are among the repressive laws that the current President of Zambia pledged to reform if elected when he was in opposition.

The failure to strike these repressive laws from our statutes erodes public trust in the political integrity of our leaders.

Many of our leaders seem to find it easy to change positions on policies solely for personal gain, expediency, or convenience.

We have seen leaders subscribe to particular principled positions when in opposition only to repudiate those very positions when accorded the instruments of power.

It is such behaviour that gives our politics a bad name.

We appeal to the conscience of each of our politicians in the current government to honour their pre-election campaign promise to repeal anti- democratic laws, to be consistent with the principles they avowed when they where in opposition, and to be truthful and committed to performing the functions of the State in, as per the preamble, our common interest.

We also appeal to the Government to withdraw the Penal Code Amendment Bill Number 17 of 2024 for further consultation.

The Bill seeks to make two amendments to Section 70 of the Penal Code Act which provides for the crime of expressing or showing hatred, ridicule, or contempt for persons because of race, tribe, place of origin or colour.

The first proposal is to expand the grounds for hatred, ridicule or contempt to ethnicity, region, and religion.

The second proposed change is to extend the jail terms of those convicted of this
offence from the current maximum of two years to between seven and twenty
years. What constitutes hatred, ridicule or contempt is not defined, thereby giving wide discretion for interpretation and abuse.

In addition, the amendments seek to sustain the problematic current status quo where pursuing charges of hatred, ridicule or contempt” requires the consent of the Director of Public Prosecutions (DPP).

As history has shown, this provision has enabled the incumbent DPP to make partisan calls that have previously benefited the government by way of only sanctioning the prosecution opposition figures while declining to sanction the private prosecution of government officials or those associated with the ruling party on similar charges of hate speech.

We therefore reject the proposed amendments to Section 70 in their entirety because they are too vague, too broad, open to abuse, have the potential to and undermine the freedom of expression guaranteed in Article 20 of our Constitution, and clearly designed to target critics and political opponents of the party in government.

If passed, the proposed changes would eliminate political debate and legitimate criticism of government actions or policies, and amount to passing a death sentence on our democratic rights such as free speech.

As well as withdrawing the current Bill, we call upon the government to subject the entire Penal Code Act to a thorough review to align it with our Constitution so that the changes to be made are comprehensive rather than piecemeal and self-serving.

1.3●The worrying state of the judiciary

In our previous pastoral statement, we expressed grave concern about the
conduct of the Judiciary in the handling of intra party differences mainly those pertaining to the leadership of the opposition Patriotic Front (PF).

We urged the judiciary to adjudicate such matters in an impartial, decisive, andtimely manner.2 Unfortunately, our call has not been adhered to. Cases that were filed a long time ago remain undetermined.

We urge the Chief Justice of Zambia Mr Mumba Malila SC to put the important institution he leads in order by to expediting the determination of the cases.

A loss of public faith in the Judiciary is a recipe for chaos and complete lawlessness.

We have also noted the continued dismissals of judges, sometimes under very
controversial circumstances.

To build trust in the integrity of the process that removes judges, we urge the Government to introduce amendments to Part IV of the Judicial Code of Conduct Act, which provides for the appointment of members of the Judicial Complaints Commission (JCC).

Such amendments and specific transparent appointment process should introduce qualifications and competencies that those appointed should possess beyond a mere ability to hold or to have held high judicial office. Given the important role they play, the men and women who are appointed to the Judicial Complaints Commission, like those tasked with appointing judges in the Judicial Service Commission (JSC), should also be confirmed by at least two-thirds majority support of members of parliament in the National Assembly, as opposed to the current simple majority.

This proposed change to legislation
on the appointment of commissioners serving on the JCC and JSC would go a long way in strengthening the independence and quality of our justice system.

1.4. ●Electoral and Constitutional reforms
We have noted the ongoing efforts by the Electoral Reform Technical Committee appointed by the Electoral Commission of Zambia (ECZ) to review laws relating to electoral process and take submissions from members of the public on the same.

We affirm that electoral reforms in a developingbdemocracy like ours are critical.

However, in view of the proximity of the 2026
general elections – only about19 months remaining, we invite the Government
to reflect further on the prudence of continuing with this exercise lest it raises
legitimate suspicions of attempting to give undue advantage to the party in power.

In the same measure, we have noted that no roadmap on the review of the Constitution has been agreed upon to date.

We accordingly urge the Government to seriously consider postponing the amendment of Zambia’s Constitution to the post-2026 election period. This is because it is too late to build the kind of consensus that is required for such a serious exercise.

●ECONOMIC SITUATION

We reiterate our commendation of the Government’s efforts to recruit thousands of teachers and health workers, and those in the security services such as the military and the police.

These efforts will go a long way in alleviating poverty among our people. We also commend the government for reaching a restructuring deal with the official creditors who include multilateral institutions like the International Monetary Fund, bilateral donors such as the United States and the European Union countries, bilateral agencies from China and other emerging markets, and private bondholders.

Although the debt restructuring deal does not amount to debt cancellation, it reschedules the debt repayments to a later date, reduces interests on the debt, and frees funds for expenditure in social sectors.

These efforts are commendable.
However, the economic situation remains precarious and of particular concern are the following areas:

2.1 ●High cost of living
The agriculture sector has been badly affected by the 2023/2024 drought and
poor distribution of farming inputs, while the price of mealie meal has escalated beyond the reach of most Zambians.

In addition, the monthly changes in fuel prices have severely destabilised key components of the energy sector, including supply reliability, pricing stability, and overall market efficiency.

The exchange rate, which was expected to stabilise on the day the new government was sworn in as we were promised, has instead remained volatile, negatively impacting key areas of the economy such as import costs inflation rates, and business operations.

Added to this is the fact that while foreign companies have been accorded incentives by the State, Zambia small-to-medium scale businesses have been forced to close after being choked by the difficult economic environment. As a result, unemployment has increased especially among the youths, and the cost of living is now much higher than it was in 2021.

We appeal to the Government to put in place effective interventions that will reduce the cost of living that continues to escalate.

2.2b●Reduced Revenue from the Mining Industry

We commend the government for finding equity partners for the country’s
biggest mines such as Konkola Copper Mines and Mopani Copper Mines.

Such efforts would go a long way in increasing copper production and
revitalising economic life on the Copperbelt.

However, WE are concerned that the country continues to receive reduced earnings from the mining industry including from mines such as those run by First Quantum Minerals in North-Western Province.

We reiterate the unheeded call we made in the November 2023 Pastoral Statement for the government to increase the State’s shareholding percentage in foreign mining companies and to review the tax holidays that were extended to such companies in previous budgets.

Mining is the main stay of Zambia’s economy, and it is important for the government to prioritise increased copper production as much as increased revenue collection from our jewel industry.

Mining should not only drive economic growth but also serve the interests of all Zambians by ensuring sustainable development and wealth sharing.

We call upon the government to establish a transparent and accountable legal framework for mining operations, focusing on environmental protection, equitable taxation, and workers’ rights.

These measures are essential to protecting Zambia’s natural resources and guaranteeing that the benefits of mining are felt by every citizen, not just a privileged few.

2.3 ● Crippling energy crisis

This crisis has affected almost all the sectors of life. Businesses across various sectors, such as manufacturing, education, and entrepreneurship, have had to curtail operations or halt production altogether, leading to job losses and reduced output.

The informal sector, which employs a significant portion of the population, is also severely affected, as small businesses are struggling to maintain operations without a reliable power supply. The impact has been too averse to ignore. To mitigate the risks associated with hydropower dependence, as a long-term measure, the government must focus on diversifying its energy sources.

Investing in alternative energy sources, such as solar, wind power and thermal power, can provide a more reliable and sustainable supply of electricity in addition to building hydropower stations in areas where we already have natural reservoirs of water. Solar power, in particular, holds immense potential, given Zambia’s abundant sunshine.

The current power crisis serves as a stark reminder of the need for long-term planning and strategic investment in the energy sector. This and future governments must invest in infrastructure to ensure a reliable and affordable power supply.

By learning from the mistakes of the past, Zambia can build a more resilient and
sustainable energy future.

2.4 ●The Fight against Corruption

Reports of improved performance of Zambia on the Corruption Perceptions index (CPI) are encouraging and commendable. Furth