FOR IMMEDIATE RELEASE

UPND Condemns Edgar Chagwa Lungu’s Alleged Election Manipulation, Demands Immediate and Thorough Investigation

Contact : Cheelo Katambo
Deputy Media Director
Email: info@upnd.co.zm

October 29th, 2024

NDOLA- The United Party for National Development (UPND) is gravely alarmed by sixth Republican President Edgar Chagwa Lungu’s recent admission, which suggests possible manipulation of Zambia’s electoral process under his leadership.

Lungu’s statement, wherein he confessed that senior Patriotic Front (PF) officials embedded within the Electoral Commission of Zambia (ECZ) questioned their unexpected loss in 2021, implies a deliberate attempt to rig the election outcome. Such admissions reveal a calculated scheme to undermine democracy, breach the trust of the Zambian people, and compromise the independence of our institutions.

The UPND categorically condemns any action that threatens the autonomy of the ECZ, a body mandated to conduct free, fair, and transparent elections. Any attempt to influence or manipulate its function is a direct assault on Zambia’s democracy and the will of its citizens. We therefore urgently demand a full and independent audit of ECZ operations under the previous regime to identify any complicit individuals and to hold them accountable. This investigation is essential to uphold the democratic rights of Zambians and restore faith in the integrity of our institutions.

Furthermore, these shocking revelations cast serious doubt on the legality of Lungu’s 2021 candidacy, raising critical questions about his eligibility and adherence to Zambia’s electoral laws. The UPND calls on relevant authorities to investigate these allegations thoroughly. Zambians deserve assurance that their democratic processes remain untainted by political interference, and we demand that any attempt to circumvent these processes is met with the full force of the law.

The recent revelations go beyond partisanship, exposing a deeply rooted abuse of power by the PF to entrench themselves at any cost. By placing loyalists in an independent institution, the PF demonstrated contempt for Zambia’s laws and placed personal ambitions above the nation’s well-being. The UPND stands resolute in its condemnation of this calculated assault on democracy, calling on all Zambians to demand accountability and truth from those who seek to serve them.

This scandal surrounding Lungu’s alleged insiders at the ECZ is more than a political blunder; it is a warning of the potential consequences of PF’s return to power. Should the PF be granted another opportunity to lead, a regime already proven willing to manipulate could become bolder, more ruthless. If reinstated, we must anticipate that they would take irreversible actions to ensure they are never again faced with the prospect of losing power, irrespective of the people’s will.

To vote back individuals like Mr Lungu or the PF as a whole is to open the door for even greater harm to Zambia’s democracy. The same administration that viewed democracy as a hurdle, seeking to entrench themselves through manipulation, must not be given the chance to threaten Zambia’s future. Let these revelations be a reminder to all Zambians of the values we must defend: integrity, transparency, and accountability. The UPND remains unwavering in its commitment to safeguarding our democracy.

(C) UPND MEDIA TEAM ‎

MAYANGWA COUNSELS PARTISAN CLERGYMEN

PARTISAN clergymen are a danger to the peace and unity of Zambia, a Lusaka-based political observer has noted.

Commenting on the parallel memorial service of late president Michael Sata presided over by Lusaka Archdiocese Bishop Alick Banda yesterday, Dillon Mayangwa described the development as; “extremely shocking”.

Mayangwa pointed out that the church and its clergymen were an important component of a country were citizens could run for reconciliation and unity.

As the country commemorated Sata’s 10th memorial service, the opposition PF in league with Lusaka Diocese Archbishop Alick Banda refused to be part of the government programme at the Cathedral of the Holy Cross in Lusaka.

Despite Sata’s family coming out in the open to side with government organised services, Archbishop Banda went ahead and  convened his own memorial service with cadres of the Edgar Lungu-led PF faction at the Cathedral of Child Jesus.

“To imagine and observe like was seen yesterday that its clergymen who are in the forefront engaging in activities that create division in a peaceful and Christian country is extremely shocking and unfortunate,” Mayangwa noted.

Mayangwa pointed out that the duty of the church to encourage its members to respect authorities and adhere to the rule of law instead of leading in activities of rebellion.

He said the behaviour exhibited by Archbishop Banda yesterday only promoted anarchy and political tension rather than peace.

Mayangwa urged the church to be the salt of peace by respecting laws of the land.

“The amount of confusion and failure to respect the law of the land calls for concern that the leadership of the church has seemingly opted to engage in unnecessary altercations and battles in defence and promote the hidden agenda of some self-styled individuals. Firstly, the clergy is supposed to advocate for  peace and harmony by upholding and respecting the law of the land rather than advancing anarchy,” Mayangwa said.

He said the behavior exhibited by Bishop Banda and some clergymen were unchristian and lacked the principle on which the church was established.

“Christianity thrives on obedience to God, to the rule of law. By supporting a faction of disgruntled politicians whose minds are preoccupied with with returning to power not to serve but to protect their loot and abuse public resources is but a regrettable act from a man we so dearly love and respect,” he said.

He said Archbishop Banda failed a simple test of faith by holding a parallel event.

Mayangwa urged the government to pay attention to the Bishop’s activities before the countryis put in flames.

“For those taking his actions lightly should remember the Rwanda genocide. War and civil unrest is never ignited by those in Chibolya fighting, they are never started in bars or on the streets. It’s but by men of faith holding the Bible. This is why Arcbishop Alick Banda should be watched with open eyes because he has potential to put this country in flames,” said Mayangwa.

Kalemba

JCC’s decision to recommend the dismissal of 3 ConCourt judges and their final dismissal was unsatisfactory but just and long overdue



By Prof Munyonzwe Hamalengwa



The worst 10 decisions of the Supreme Court of the United States (SCOTUS) as documented by America’s leading historian of the Supreme Court, Bernard Schwartz, in my opinion, are better than Zambia’s worst decision made by the Constitutional Court of Zambia on September 5th, 2016 involving the aborted presidential election petition.

I have to use the US decisions to emphasise the point that despite the unsatisfactory journey and zigzags leading to a decision that resulted in dismissal of the  three Constitutional Court judges by President Hakainde Hichilema on October 20th, 2024, the dismissal was belatedly just.

Injustice begets injustice on the way to justice. Illegality begets illegality on the way to legality. Misconduct begets misconduct on the way to good conduct. Corruption begets corruption on the way to incorruption. Where justice, legality and incorruption depart from injustice, illegality and corruption respectively depend on contestation, zigzags, balance of power and the character of political and judicial leadership in control.

We shall leave this trend of thought for another day as I now turn to comment on the unsatisfactory but just and deserved dismissal of the three Constitutional Court judges. The three judges committed illegalities and misconducts backgrounded by incompetence and lack of authority or jurisdiction in their purported majority decision of September 5th, 2016, eviscerating the presidential election petition that was already under way.

All the 10 worst decisions of the SCOTUS were transparently argued in public where lawyers of both parties made submissions before a properly constituted panel of judges and the judges after receiving the submissions retired to consider the cases. The senior most judge or the Chief Justice assigned a judge to write the unanimous or majority decision. The judges exchanged drafts to inform each other and to try to influence each other. This process is analysed in Bob Woodward and Scott Armstrong’s book, “The Brethren: Inside the Supreme Court” and in Edward Lazarus’s book, “Closed Chambers: The First Eyewitness Account of the Epic Struggles inside the Supreme Court”.

All the judges would have participated in the decision making and rendering of the unanimous, majority or dissenting opinions and would know what results would be publicised to the outside world and on which day.

There were some decisions like Dred Scot (1857) which upheld slavery which so enraged some dissenting judges that these judges in protest leaked the atrocious decision to the media at night before the day of the official release of the decision. But all judges knew what the decision was. It is the same for the infamous decision of Plessy v. Ferguson (1896) upholding racial separateness in the enjoyment or lack thereof of “equal amenities”. And all the other 10 most odious SCOTUS decisions. All the judges participated in rendering them. Even the most controversial decision of 20th century in the case of Roe v. Wade (1973) where the majority curved out whole new hitherto unknown privacy rights to recognise the right to abortion in the “penumbras of the constitution” all the judges knew what the decision would be. They were not blindsided. See Laurence Tribe, “Abortion: The Clash of Absolutes” and Linda Greenhouse, “Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey” (Blackmun wrote the majority decision in Roe).

In the Dobbs case (2022) that overturned the popular but controversial half century precedent of Roe, the judges knew what the decision would be as they participated in the decision-making process. Even unpopular decisions in the US have outer guardrails that guide the decisions, the judges do not go on a frolic of their own. See Bary Friedman, “The Will of the People: How Public Opinion has Influenced the Supreme Court and Shaped the Meaning of the Constitution”. See also Richard A. Posner, “How Judges Think” and Bernard Schwartz, “Decision: How the Supreme Court Decides Cases”.

The three dismissed Constitutional Court justices in an unprecedented leap and show of incompetence, illegality, unconstitutionality, and misconduct, sequestered themselves into an illegal appeal panel  on the weekend of September 2 to 4 of 2016 outside legitimate courtroom hours to overturn, without authority or jurisdiction, a previous unanimous decision of the whole empanelled court of September 2, 2016 that decided to hear the presidential election petition beginning September 5, 2016. This beats the characterisation of the 10 worst decisions of the SCOTUS. The 10 worst decisions involved mainly the substance of the decisions, their immorality and discriminatory or nonsensical lack of good judgment. They do not involve the personal behaviour of these judges touching on incompetence, illegality and misconduct.

Here, another aggravating factor in the case of the three judges is that they had no jurisdiction to do what they did. And search as you may, as I did after reading the leaked decision of the Judicial Complaints Commission, you will not discover another such display of judicial incompetence, illegality and misconduct and violation of the Constitution and abuse of position of power. Even though the decision of the Judicial Complaints Commission does not display confidence in how decisions of such importance must be written, the decision contains plenty of evidence that there was misconduct and illegality in what the three judges did. The decision could have been written in a better way. Despite a lot of troubling aspects and the zigzags as already stated of this case, the result is justified. As already stated as well, injustices, illegalities, misconducts etc unleash their own lives and it takes time to exorcise the demons they engender. What has happened could have imposed a dangerous chapter in Zambian history. The manner in which the petition by these three judges was dealt with was so transparently unpopular that violence could have ensued. The judges could have been dancing to an external master manipulator. The judges were operating in an environment where the sitting President was violating the Constitution by refusing to hand over executive powers to the Speaker of the National Assembly as per constitutional requirement. The judges decided to be adventurous in the same breath. These same judges had previously been characterised as unqualified and they decided to prove their unqualifiedness in this fashion.

If these judges read the Constitution properly, they would have discovered that the Constitution disapproves of deciding important cases of this nature on technicalities. If the judges read the constitutional jurisprudence from around the world and engaged in scholarly literature, they would have been led to the conclusion that the court has jurisdiction to extend time in cases already underway and especially where the sitting President had already violated the Constitution and was violating the Constitution by not surrendering power to the Speaker as already stated. There was no prejudice even though this is not to encourage breach of the Constitution. The most aggrieved and prejudiced person was the petitioner but the petitioner was willing to conclude the process no matter how long it took.

In terms of whether the JCC had power to second guess the decision of the judiciary or to somehow interpret the Constitution, the JCC did neither. The decision to recommend the disciplining of the judges is competent to none other than the JCC, and the ConCourt has no such say at all. What the three judges did during the weekend of September 2 to 5, 2016 falls competently under the jurisdiction of the JCC and no other body or person. What they did that weekend still reverberates to date close to 10 years later and will continue to ricochet for the foreseeable future. And that is how dangerous the judicial adventure of the three judges have wrought on Zambia. It is a precedent that must never recur. It is bitter fruit. It is bitter harvest. The result is a just amargeddon.



Prof Hamlengwa is author of “The Politics of  Judicial Diversity & Transformation: Canada; USA; UK; Australia; South Africa; Israel; Colonial and Post-Colonial World and International Tribunals”, and currently serves as Dean of the School of Law at Zambian Open University. Email: munyonzwe.hamalengwa@zaou.ac.zm

HH must sack Musamba now—Fisho Mwale

…he has breached diplomatic decorum

28.10.24

Mr. Fisho Mwale, the former Mayor of Lusaka and rights activist has asked President Hakainde Hichilema to immediately sack embattled Inspector General of police Graphael Musamba.
The former mayor said the wanton abuse of authority and breach of diplomatic decorum must not be allowed to go unpunished unless Zambia under President Hichilema wants to reduce Zambia´s diplomatic credentials to a new low globally.

Mr. Mwale´s call comes on the heels of Musamba´s decision to send heavily armed police to stop a memorial mass of the 5th President of Zambia Michael Chilufya who died 10 years ago at the Catholic Church of Zambia located off Alick Nkhata Avenue know as the Child of Jesus cathedral.

“President HH must take decisive action and dismiss the Inspector General of police for ignoring diplomatic decorum,” said Mayor Mwale.

“The catholic church has diplomatic relations with Zambia that ought to be respected and observed you cant just send heavily armed police to the office of Archbishop Alick Banda who represents the Pope in Rome its wrong it’s a diplomatic violation someone at the Foreign Affairs Ministry should have advised President HH because this makes Zambia look barbaric abroad,” said Mayor Mwale.

He warned that if the blatant disregard of diplomatic etiquette continues, Zambia might suffer similar actions abroad on its missions in the name of reciprocity.
Mr. Mwale deplored the “the growing despondency among ordinary Zambians regarding the intimidating behaviour of law enforcement which is alarming.”

The former mayor fears that if Musamba´s police continue unchecked, could lead to unnecessary loss of lives in future of Zambians decide to push back.

“A number of us who hither to have been by standers are now taking umbrage at these developments infringing on peace loving Zambians,” said Mr Mwale.

Zambia was divided on Monday when the government of Mr Hichilema decided to hold a memorial ceremony of President Sata at the Cathedral of the Holy Cross instead of the Catholic church where the former President belonged.

Mr. Musamba, the embattled police chief then unleashed dozens of heavily armed police to stop Archbishop Banda from celebrating the 10th anniversary of 5th President of Zambia Michael Sata.

*Source: Fisho Mwale Facebook page*

DC PRAISES HICHILEMA’S RESPONSE TO HUNGER IN CLIMATE-STRESSED SINAZONGWE

Sinazongwe, Monday (October 28, 2024)

Sinazongwe District Commissioner Nchimunya Siakole has praised President Hakainde Hichilema’s response to hunger in his climate-stressed district following the severe drought resulting from El Nino.

Mr. Siakole noted that Sinazongwe is one of the worst-hit districts, with devastating impacts on agriculture, water availability, and energy supply.

He acknowledged the government’s efforts in providing maize for community sales across the district.

Mr. Siakole urged citizens to take full advantage of various government and non-governmental programs to improve their lives.

This came to light in Sinazongwe District during commemorations to mark 60 years of the Independence of Zambia.

Mr. Siakole emphasized the importance of remembering the vision and mission of President Hakainde Hichilema’s government, which aims for a united and prosperous Zambia with opportunities for all, regardless of religion, gender, or generation.

He urged citizens to harness the country’s abundant human and natural resources for national development.

Mr. Siakole highlighted the significance of the sacrifices made by freedom fighters from all corners of the nation, which should remind Zambians to uphold the motto “One Zambia, One Nation.”

He stressed the importance of maintaining peace, security, and political stability to drive the country’s economic transformation.

Speaking earlier, Centre for Environment Justice (CEJ) Executive Director Maggie Mwape emphasized the importance of environmental and natural resource protection now that Zambia has attained 60 years of independence.

Ms Mwape stated that all Zambians should understand the importance of the environment and natural resources, and take it as a constitutional responsibility to protect and conserve nature.

She highlighted the need for coexistence with nature and the protection of natural resources, including forests.

Ms Mwape acknowledged the establishment of a Ministry mandated to promote environmental sustainability and the green economy agenda, which she described as crucial for balancing economic growth and environmental protection.

She congratulated the UPND Government for their achievements in environmental justice and human rights, ensuring community protection from violations, including health-related issues through the Ministry of Green Economy and Environment.

The CEJ Executive Director also stressed the importance of accessible water and sanitation facilities in public places, and the need for disaster readiness and resilience to climate change in towns and cities.

Ms Mwape said this during the commemoration of Zambia’s 60 years of Independence in Sinazongwe District, Southern Province.

Edgar Lungu’s Dark Admission: ECZ Insider Manipulators Shocked by His Election Loss – Why Zambians Must Say “Never Again”

By Monica Nsemukila

In a jaw-dropping confession on Emmanuel Mwamba’s podcast, former President Edgar Lungu exposed a troubling truth: his deep-seated grip over Zambia’s electoral system. In a shocking revelation that should send chills down every Zambian’s spine, Lungu admitted to embedding his most loyal cronies within the Electoral Commission of Zambia (ECZ). These were no ordinary appointees; they were powerful insiders, positioned with a singular purpose to sway the election in Lungu’s favor. Yet, in a twist that highlights the enduring will of the Zambian people, even his carefully chosen officials found themselves “at pains accepting defeat at the hands of UPND.” Their shock was palpable, as if they believed Lungu’s grip on power was beyond challenge.

This brazen admission throws a harsh light on the murky tactics of Lungu’s regime, exposing a calculated, manipulative leader who went to great lengths to entrench himself in power, undermining the very fabric of Zambia’s democracy. For years, Lungu has presented himself as a patriot, a guardian of Zambian democracy. But his confession now reveals a darker reality: behind the scenes, he was a puppet master, pulling strings to subvert the people’s will and undermine the principles he claimed to uphold. It’s a betrayal of trust so complete that it demands Zambians ask themselves: can we risk letting him, or anyone in the PF, regain control?

he scandal surrounding Lungu’s insiders at ECZ is not just a minor political misstep; it’s a massive warning of what a return of the PF could mean. If given another chance, a regime that’s already proven its willingness to manipulate could become bolder, more ruthless. Imagine the lengths they might go to if restored to power, this time with the intention to “right the wrongs” of their past defeat. With this mindset, one can only fear that they’d take irreversible actions to ensure no loss could ever shock them again.

Voting back a figure like Lungu, or a party like the PF, is essentially giving them a free pass to do even greater harm. This is the same administration that saw democracy as an obstacle rather than a duty and sought to entrench themselves by any means necessary. The betrayal of his senior ECZ allies in their shock at losing speaks volumes  they believed, as he did, that they could bend the system to their will.

Zambians must look to the future, not backward, and keep leaders like Lungu and the PF far from the reins of power. This dark episode is more than just a political scandal; it’s a reminder that Zambia’s democracy is fragile, something to be defended against those who seek power at any cost. Lungu’s shocking admission is not just a window into his manipulative tactics; it’s a stark warning of the dangers of letting such a regime return. Now is the time for Zambians to stand firm and say “never again” to Edgar Lungu and the manipulative politics of the PF.

Archdiocese of Lusaka writes President Hakainde Hichilema over police presence at Cathedral of Child Jesus.
.

CATHOLIC CHURCH PROTESTS TO PRESIDENT HICHILEMA

Open Letter of Protest Over Systemic Abuse of Instruments of State Violence by
Government-The Cordoning-Off of the Cathedral of the Child Jesus

It is with utter shock and dismay that we write this open letter of protest over the state’s conduct of unilaterally and forcefully cordoning-off the Cathedral of the Child Jesus on 28th October, 2024 at the occasion of honouring the legacy of the 5th Republican President of Zambia, His Excellency
Micheal Chilufya Sata, RIP.

We wish to bring to your attention this serious mischief on the part of Government aimed at intimidation by way of abuse of the instruments of State violence.

This act is an infringement on the fundamental right of worship.

When we arrived on the said morning we were greeted to a scene of heavily armed police officers with anti-riot gear who had sealed both entrances to the Cathedral of the Child Jesus in the Archdiocese of Lusaka.

Devotees who turned up for morning prayers were turned away and were also fearful of the military scene.

Your Excellency, the Cathedral is a place of worship, and what happened today is totally unacceptable for a country that professes to be a Christian nation.

We feel that this brazen act of intimidation should be cast to good conscious and brought to light.

We feel that the tendence by this Government to make an affront on the Church has become endemic and systemic, and must therefore be stopped forthwith.

We recognise that members of the Church had sought permission in the months back to host the 10th Memorial Anniversary Requiem Mass for the Fifth President, His Excellency, Mr. Michael Chilufya Sata on 28th October 2024.

We also note that a similar Church Service was being held by Government at the Anglican Cathedral of the Holy Cross for the same purpose. However, this was no reason to prevent another remembrance service to be held at any other place of worship.

Despite various personal intervention by Archbishop Rev. Dr. Alick Banda, the Metropolitan Archbishop of Lusaka and lawyer Mr. John Sangwa SC, the premises remained sealed until after 09:30hrs.

Your Excellency, we wish to express our concerns with the heavy-handed approach which we witnessed today and utter disrespect shown to a sacred premises.

We feel that there is a systemic and coordinated violation of human rights by the police who have been turned into a wing and
extension of the UPND Party.

The harassment and arbitrary arrest of citizens and prolonged detention of citizens who provide checks and balances to this Government has become the norm of the day rather than an exception. In a word therefore, we are convinced that this Government
has become rogue.

Today’s events at the Cathedral of the Child Jesus are not an isolated incident but rather a coordinated scheme to intimidate the citizenry.

We end our open letter with the proverbial adage attributed to Lord Acton, the nineteenth Century English historian who states that “Power tends to corrupt; absolute power corrupts absolutely.”

The one who has ears, let them listen!

Issued by Archdiocese of Lusaka
28th October, 2024
The Feast of Sts. Simon and Jude, Apostles

KAWAMBWA BY-ELECTION STOLEN BY UPND

….it was not free and fair – it was a sham of a by-election, says Socialist Party

Kawambwa… Monday October 28, 2024

The Socialist Party (SP) says yesterday’s Kawambwa Council Chairperson by-election was stolen by the UPND leadership.

The opposition political party has accused the UPND of perfecting its rigging scheme for future by-elections including at parliamentary level.

SP Secretary for Mobilization Kelvin Kaunda said clearly, the election has been stolen.

“The UPND is perfecting its rigging scheme that is why they opted to hold the Kawambwa Council Chairperson by-election within seven days. The filling in of nominations was on a Saturday while voting was on a Sunday, this has never happened in the history of the country,” he said.

“They are trying to master the art that they have to use to manipulate future elections even at Parliamentary level as they trigger the by-elections. They want to know which system works and which one will give them an advantage.

He thanked the Kawambwa Central PF Member of Parliament Hon Nickson Chilangwa and his Pambashe counterpart Hon Ronald Chitotela for the support they rendered as they wanted the will of the people to reflect through the ballot.

“As SP, we want to thank the Pambashe PF MP Hon Ronald Chitotela and his Kawambwa Central counterpart Hon Nickson Chilangwa, the brothers to Hon Chitotela, former Kawambwa Council Chairperson Kalumba Chifumbe and Davy Kaniki for their support despite being in incarceration,” he continued.

“This is the by-election caused by the UPND with the intention of stealing the seat from the people of Kawambwa. It is the first time in the history of this country that an election has been called and period to campaign and vote is within a week. How can you have a bigger election such as Council Chairperson election being called within a week? And you have nominations taking place on a Sabbath and the election date on Sunday? This is how this leadership is so disrespectful towards the Church. If we had leaders who fear the Lord, there is no way they can call for nominations on a Sabbath and voting on a Sunday.”

Meanwhile, the SP candidate Ivo Mpasa said the by-election is not a true reflection of the will of the people of Kawambwa.

“This is an experience for me given the time we were given to campaign. You remember the vacancy was announced on a Thursday and we were told to file in on Saturday. Friday was a holiday because it was a day of National Day of Prayer and Fasting. There is no way someone can rush to Mansa to have the documents verified. But thank God, all my documents were ready before that time,” he indicated.

“I am thankful to Dr. Fred M’membe and the entire SP leadership for according me an opportunity to participate in the by-election. I must also mention here that the entire government machinery was here, most of the cabinet ministers were here for a period of one week. If we didn’t participate and allow them to conduct the elections as they designed to go unopposed, it was going to be worse for the people.”