Despite early hopes of good rainfall, now drought is predicted!

Although La Niña conditions – associated with favorable rainfall in the southern Africa region – will become the dominant ENSO state in September-November, the long-term impacts of El Niño will persist during the October 2024-March 2025 main agricultural season.ANOTHER DROUGHT COMING?

Hopes fade for La Niña rain as drought fears increase

The dream of La Niña bringing rains to southern Africa is slipping away, with forecasts now predicting weak or neutral conditions. Millions are food insecure after El Niño’s drought, and agriculture faces another tough season

by Ed Stoddard 20th October 2024

Southern Africa’s farmers hoped for La Niña to counter last season’s El Niño-driven drought. But with forecasts now downscaled, fears grow over a weak harvest and increased food insecurity. Photo: Supplied/Food For Mzansi

After last summer’s blistering El Niño event scorched the staple maize and other crops across southern Africa, leaving tens of millions in need of food aid, there were high hopes that La Niña would have formed by now, unleashing a season of good rains on the parched landscape.

Such hopes are increasingly becoming high and dry.

El Niño typically brings drought to southern Africa – and the last one lived up to its withering reputation – while La Niña usually opens up the heavens over the veld. But after initial expectations that the latter would form as early as July, international forecasters have been pushing the timeline out further and downscaling predictions about its strength.

The Australian Bureau of Meteorology on Tuesday issued the latest and most pessimistic report yet on the fading prospects of La Niña forming in 2024, raising the spectre of another poor season for summer grain crops in southern Africa.

“… the chance of a La Niña event developing in the coming months has decreased compared to recent outlooks,” the bureau said in a bi-weekly outlook report.

Warmer summer, less rain
“If a La Niña were to develop, it is likely to be relatively weak and short-lived, with all models forecasting neutral values by February.”

This global weather dance is known as the El Niño-Southern Oscillation (Enso) and it is currently in its neutral phase.

So, what the Aussies are saying is that if La Niña does form, it won’t shoot the lights out and it will be all over by February.

Other global forecasters have also been whittling down La Niña expectations.

A US government forecaster said last week it had “… lowered the chances of La Niña” and said if it did form it was expected to persist until March.

Related stories
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Drought lowers summer grain and oilseed forecast
La Niña is triggered by a cooling of surface temperatures in the tropical regions of the eastern Pacific, while a warming of those waters gives rise to El Niño.

A weak La Niña or a summer in the neutral zone does not necessarily mean that this region will suffer another drought.

The current long-range forecast from the South African Weather Service is for wet conditions over the interior of the country in the early and mid-summer season, while the outlook for Limpopo, Mpumalanga and northern KZN is worryingly dry.

But across the length and breadth of the land, the summer is seen to be warmer than usual, and the rains of La Niña would be most welcome in South Africa and neighbouring countries after the path of misery blazed by El Niño.

Food insecurity escalates
The UN World Food Programme estimates that 27 million people in the region are food insecure across seven countries, but says the region is struggling to get on the radar screen of donors, Bloomberg reported last week.

In August, the Famine Early Warning Systems Network (Fews Net) said hunger and the need for food had reached unprecedented levels in southern Africa in El Niño’s wake. It estimated that more than 30 million people, mostly in Zimbabwe, Zambia and Malawi, would be in need of food aid up until March 2025.

South Africa is in better shape, but its commercial farmers have also felt the pain with negative implications for food inflation.

In its latest forecast, the Crop Estimates Committee revised its forecast for South Africa’s 2023/24 maize crop down by 2% from its previous outlook. The domestic maize harvest is now seen as 22% lower than the previous season’s bumper crop.

South Africa still has enough maize for its own consumption and estimates suggest it could export around 1.9 million tonnes in the 2024-25 marketing year. However, the regional need is huge.

Average rainfall this summer would still be a help, but a drencher is needed to restore moisture and dam levels against the backdrop of expected above-normal temperatures.

Forecasts of a strong La Niña a few months ago were promising, but that it seems has now proven to have been a mirage.

OkThis article was first published by Daily Maverick.
………………………………Food assistance needs across countries regularly monitored by FEWS NET in southern Africa1 are expected to exceed 30 million people during the October 2024-March 2025 lean season, driven by the 2023/24 El Niño drought across much of the region and conflict in parts of the Democratic Republic of Congo (DRC) and Mozambique. In FEWS NET’s drought-affected countries (excluding the DRC), needs are assessed to be 50 percent higher than the 2023/24 lean season and higher than was estimated during the peak of the last strong El Niño in 2016/17.2 Since November 2023, FEWS NET has warned that the strong El Niño event in 2023/24 would most likely result in drought-induced, below-average 2024 harvests across much of southern Africa, including in two of the region’s key suppliers, South Africa and Zambia. Indeed, a historic dry spell and above-average temperatures in early 2024 led to well below-average maize harvests across the region (Figure 1), ranging from a 10 percent deficit in South Africa to a 60 percent deficit in Zimbabwe compared to their respective five-year averages, according to national government and FEWS NET estimates. As of August, many poor households in the region have either nearly or completely exhausted their stocks from the 2024 harvest and are increasingly resorting to unsustainable coping strategies or experiencing food consumption gaps. Most of Zimbabwe, southern Malawi, southern and central Mozambique, southern Angola, and conflict-affected areas of the DRC are of highest concern. Governments, donors, humanitarian partners, and other stakeholders should rapidly mobilize now to respond to high food assistance needs through early 2025.

HICHILEMA UNGRATEFUL AND TARGETS HIS VICTIMS

The arrest of

HICHILEMA UNGRATEFUL AND TARGETS HIS VICTIMS

The arrest of a media consultant and journalist Thomas Allan Zgambo by Police must be condemned. Mr Zgambo hasn’t been arrested once or twice but thrice in a row. Clearly Mr Zgambo is a marked man under this failed administration.

We think that the continuing holding of Mr Zgambo indefinitely is illegal and seriously breaches his human rights.

It is an established fact that Mr Hichilema targets the very people who have at one time helped him win the Presidency.

The list of those who have assisted Hichilema at one time and are now victims is endless.

This is not how you thank the people who have helped you at one time by throwing them in filthy dungeons called police cells.

Be mindful of the fact that those mercenaries called praise singers ( who risked nothing for you will disappear soon) who today you are busy pampering will certainly desert you once you lose power in 2026.

In a nutshell we demand the immediate and unconditional release of Mr Zgambo.
Issued :
Nasson Msoni
President
All peoples Congress APC

a media consultant and journalist Thomas Allan Zgambo by Police must be condemned. Mr Zgambo hasn’t been arrested once or twice but thrice in a row. Clearly Mr Zgambo is a marked man under this failed administration.

We think that the continuing holding of Mr Zgambo indefinitely is illegal and seriously breaches his human rights.

It is an established fact that Mr Hichilema targets the very people who have at one time helped him win the Presidency.

The list of those who have assisted Hichilema at one time and are now victims is endless.

This is not how you thank the people who have helped you at one time by throwing them in filthy dungeons called police cells.

Be mindful of the fact that those mercenaries called praise singers ( who risked nothing for you will disappear soon) who today you are busy pampering will certainly desert you once you lose power in 2026.

In a nutshell we demand the immediate and unconditional release of Mr Zgambo.
Issued :
Nasson Msoni
President
All peoples Congress APC

IT IS CLEAR THAT VEDANTA IS A WRONG INVESTOR TO OPERATE KCM

….. Human Rights Activist saddened by continued accidents at KCM

Kitwe… Tuesday October 22, 2024 

A Human Rights Activist Evans Chota has charged that it is clear that Vedanta Resources is a wrong investor to operate Konkola Copper Mine.

Mr Chota says Zambians should not be surprised with the recent recording of deaths at KCM due to mining accidents because Vedanta has a history of poor mining practices which includes environmental degradation, lack of investment in safety measures among KCM employees.

He said the two recently mining accidents reported in the media that where recorded at KCM underscored the need for stakeholders like the mining unions, Ministry of Labor and other stakeholders to strictly monitor Vedanta operations at KCM.

“Zambians should remember that before Vedanta took over the operations of Konkola Copper Mine, we didn’t hear such accidents happening at KCM resulting into deaths of some employees. The Government through the ministry of Mines and Minerals Development and the Ministry of Labor should assess if Vedanta Resources has invested into safety mechanism at KCM to ensure the safety of the employees otherwise these accidents being recorded at KCM are now worrying especially that KCM is now under the management of the investor who has a bad historical record of poor mining practices. An investor who lost social contract with the people of Copperbelt,” he said.

“Another critical issue is that Vedanta Resources may be a hindrance to Government’s intention to achieve the 3 million metric tonnes copper production by 2031 if it has not yet injected the required capital into KCM. Remember that Vedanta Resources committed to inject US$1 billion into KCM for mining development and operations, however reports reaching us is that Vedanta Resources has not started injecting this proposed capital. It is  clear that Vedanta Resources is financially incapacitated to run KCM. Just like  Honourable Chilundika Nchanga Member of Parliament and other many Zambians observed and warned about Vedanta not being a good Investor, it’s  absolutely clear that we have a bad investor as our partner at KCM.”

Mr Chota was of the strong view that Members of Parliament should engage the Minister of Mines and Minerals Development Hon. Paul Kabuswe to update the nation on current recapitalization status of KCM by the financial troubled investor Vedanta.

“While we fully recognize and hold in high esteem the vision and commitment by our Republican President Hakainde Hichilema to increase productivity in the mining sector towards achieving the 3 million metric tonnes copper production target, it is prudent that Government engages with well financially sound investors as equity partners to run mining assets like KCM,” he concluded.

Attack on ECL was bad – KAZALA

21.10.24

Hon. Richard Kazala, the former Nchanga lawmaker has described as deplorable and unfortunate, attacks on sixth President of Zambia Edgar Lungu in Chingola by violent UPND cadres over the weekend.

Kazala adds that he ´knows the identity´ of the Lungu assailants and has since called for their arrest in order to restore sanity in Chingola and send a clear message against violence of all form and manner.

“The former President Edgar Lungu´s entourage was blocked by UPND cadres and stoned in my presence and the presence of other residents of the larger Chingola community,” said hon. Kazala in a taped message gone viral.

“I know the people that attacked former President Edgar Lungu and his entourage they insulted him, demeaned him and showed total disrespect it was so sad to witness,” the former legislator said in the Bemba audio.

Hon. Kazala, a famer and businessman of Chingola said, “I know these guys, the assailants, I know these people I can identity them.”

The former legislator said because of the attacks, President Lungu´s security detail made a tactful decision to take a back route and left Chingola for Lusaka to escape the violence and potential bloodshed.

“President Lungu and his team abandoned the burial ceremony for the sake of peace and safety of other mourners in Chingola using another route in order to avoid bloodshed,” said hon. Kazala.

The responsibility of chief mourner according to Kazala, a close family member of the Kambwilí´s was passed onto hon. Given Lubinda, the PF vice President by President Lungu.

Hon. Kazala said after a brazen attack on Lungu, “the violent UPND cadres went to funeral house of the Kambwili´s ran down the shelter tents and poured sand in food pots and plates meant for mourners to eat after the burial, a matter police and government representative Chipoka Mulenga, a cabinet minister is aware of.”

Hon. Kazala is wondering, “why Mr. Chipoka Mulenga has not reported the unruly cadres to the police up to now or the three cars that chased President Lungu out of town.”

Following the incident hon. Kazala said, “I don’t feel safe as a Zambian, especially if violence can erupt in the presence of the police and a government minister.”

Hon. Kazala said, “what I saw today (Sunday attack on ECL) is wrong, UPND must change, the former President deserves respect. The devil is at work here…Zambia needs peace and christianity I implore the police to arrest the UPND cadres that attacked the former President Edgar Lungu who did not provoke anyone he just came to mourn the Kambwili brothers like all of us.”

Edgar Lungu is the only former President in Africa without police protection and has since arrived back home in Lusaka the capital after escaping the brutal attack.

His successor President Hichilema has stripped him of all police protection and a retirement package after he decided to return to politics and seek re-election in the next polls set for August 2026.
The police have issued no comment on the attack of the former head of state.

Source: Richard Kazala audio tape

IMMEDIATE RELEASE
Contact : Cheelo Katambo
Deputy Media Director – UPND
Email: info@upnd.co.zm

ZAMBIANS NOT INTERESTED IN MWAMBA AND PF DECEITFUL PUBLIC STUNTS

October, 21st 2024

LUSAKA – The Patriotic Front (PF) has consistently failed to offer any meaningful opposition, choosing instead to rely on innuendo, propaganda, and outright lies. Their complete inability to engage in constructive criticism is a disservice to Zambia and a clear indicator that they are unfit to regain the trust of the Zambian people.

The PF during their stay in office were entrusted with the resources of the nation which they feasted on instead of safeguarding,leaving the nation in debt and despair. Now, having been rejected by the people, they come back, begging for a second chance, claiming they have changed. But the Zambian people will not be deceived again.

Former President Edgar Lungu and his team have now resorted to propaganda to regain public sympathy. Their recent claims that Lungu was attacked at the Kambwili funeral are nothing more than fabricated lies. Such dishonesty, especially during a time of mourning, is not only disrespectful but shows just how low the PF is willing to stoop to stay relevant.

It’s been more than 24hrs and Zambians are waiting for the evidence of the alleged attack on the ECL convoy but nothing has been coming forth other than some old video which Emmanuel and his surrogates tried to cheat the nation with. This country needs order. We cannot allow one individual or a group of people that were rejected by Zambians at the altar to continue to wanting to mislead this nation. We only have one Zambia and one Nation and we shall not allow selfish individuals set this country on fire like they almost did during the gassing period. 60 years of peace and harmony has not been achieved only for others to destroy it using the cyberspace. Let law enforcement agencies play their constitutional role for once before we ask UPND members and Zambians in general to help them in that regard.

The shallow-minded insinuations by Emmanuel Mwamba, a former diplomat, further exemplify the PF’s desperation. Mwamba’s claim that PF officials were barred from visiting Chishimba Kambwili in the hospital is another falsehood aimed at stirring unnecessary public outrage. Instead of exercising diplomacy, as one would expect from a former envoy, Mwamba is at the forefront of spreading lies and deceiving the Zambian people.

The PF has abandoned any pretense of offering legitimate political opposition. Their daily insults against President Hakainde Hichilema and their defamatory lies show a party that has lost its moral compass. This is not opposition—it is propaganda, designed to distract from their own failures and misdeeds.

Under President Hichilema’s leadership, Zambia has witnessed remarkable progress. The PF, fully aware of this, refuses to acknowledge the strides made in restoring public and international trust. Where the PF failed, President Hichilema has succeeded. His administration has restructured Zambia’s debt, created massive employment opportunities, and rejuvenated the mining sector, among many other achievements. Yet, the PF, out of bitterness and envy, continues to spread lies.

Even during a time of mourning, when the nation should unite in grief and remembrance, the PF has shamelessly propagated falsehoods. They have disrespected the memory of those lost, using the occasion to peddle their toxic propaganda. This is not the behavior of a party that respects the people or the nation—it is the behavior of a party that only cares about power.

The Zambian people are not naive. They remember the years of mismanagement, corruption, and failed promises under the PF. They have experienced firsthand the destruction the PF brought upon the nation, and they will not be fooled again. The people have tried and tested the PF and found them wanting.

President Hichilema is a man of peace, and despite the constant barrage of lies and insults, has remained committed to leading the nation forward. Instead of responding with anger, he has chosen to work in silence, focusing on restoring the nation’s dignity and prosperity. But the PF has chosen a different path—a path of bitterness, hatred, and division.

Even after the National Day of Prayer, Fasting, and Reconciliation, which should have been a moment for the PF to reflect and seek unity, they have continued their campaign of lies and deception. It is clear that this important day means nothing to them. Their actions show that they have no interest in reconciliation or in moving the country forward. All they care about is power, no matter the cost.

The PF has proven, time and again, that they have no vision for Zambia, no plan for the future, and no respect for the people. Their only strategy is to deceive, mislead, and manipulate, hoping that the Zambian people will forget their failures.

But the people of Zambia will not forget. They will not allow the PF to return to power and continue feasting on the nation’s resources. The Zambian people deserve better—they deserve a government that works for them, not against them.

In the end, the PF’s lies and propaganda will not save them. The truth is clear for all to see: the PF is a party of the past, a party of failure, and a party that has nothing to offer Zambia except more of the same corruption and deceit. The people will not be fooled.

(C) UPND MEDIA TEAM

JUDICIAL INDEPENDENCE VERSUS POLITICAL INTERFERENCE: THE DEATH OF JUDICIAL INDEPENDENCE IN ZAMBIA

By Jonas Zimba

INTRODUCTION

The Principle of Separation of powers applies to many common law countries with equal force and Zambia is not an exception.
It is envisaged under this principle that one arm of government will provide an oversight function over another.

Meaning that, the Legislature will enact laws, the Executive will perform executive functions and the Judiciary through the Courts will interpret the law and check any excesses.
Of interest in this case is the Judiciary, this is because the death of the judiciary spells the death of any nation and its governance systems.

Citizens will be oppressed, critical voices will be silence and checks and balances will be removed completely introducing an arbitrary system which cripples a nation and buries any system.

Awolowo, Obafemi(1981) , Justice M.C .Sharma (2001)  and Justice Stephen Breyer.(2005)  all opine that the Judiciary is the spirit and conscious of any nation.
It is opined that once the spirit and conscious of any nation dies, the nation is dead.
Under the Zambian Constitution as amended in 2016, Article 122 provides for the functional independence of the Judiciary. That is to say, the Judiciary ought to be independent.

The Chief Justice of Zambia Dr Mumba Malila SC, on the 8th of August, 2024 did present a speech and it was reported in the Diggers Newspaper of the 9th August, 2024 , the headline being” we can do better in the Corruption Fight”. In the said story the Chief Justice is reported saying,” am I happy with the corruption fight? It is a very difficult question but the only thing I can say is that there is quite a lot of scope for improvement”.

It is a common fact now more than ever, that the question of the fight against corruption is a matter for the Executive as it is a political matter and not the Judiciary’s cup of tea. The Judiciary is there to decide cases on facts and law, comprised of professionals who have taken oath to protect the Constitution whereas Executive is largely composed of politicians as they ascend to such position either by election or political appointment. Has political pressure visited the Judiciary?
One would ask, is the Judiciary independent given the political environment within which it exists?

JUDICIAL INDEPENDENCE

What is judicial independence?
Most of the adjudicators in the Judiciary in Zambia are lawyers. If we talk about Judges, the first qualification is that for one to be a Judge, they must have practiced as an Advocate for a minimum period of ten years depending on the Court they are ascending to .
The oath of office taken by a lawyer is distinct, it requires that one protects and defends the Constitution, the Judicial oath requires one to do justice in accordance with the Constitution whereas the other oaths of office require one to protect the Constitution only . The oath taken provides as follows:

“OATH OF OFFICE
I …………………………………………………………………………………………………….., having been appointed/elected/nominated…………………………………..do swear/affirm that I will well and truly serve the Republic and the President of Zambia; that I will be faithful and bear true allegiance to the President and the Republic of Zambia, that I will preserve, protect and defend the Constitution of Zambia, as by law established; and that I will not directly or indirectly reveal or transmit any such information or matter as shall be brought under my consideration, or shall be made known to me by reason of my office except as may be required in the discharge of my duties as such or with the authority of the President.
SO HELP ME GOD.”

It is a given, that a judge is a lawyer before they are a judge and the above oath applies to them with equal force and as to whether they forget this oath when they become judge or not is a topic for another day.

The international covenant on civil and political rights, identifies the three indispensable attributes of judicial office: Competence, Independence and impartiality .
Judges must be independent in order for them to properly discharge their functions of dispute resolution between the state and individuals or between private parties.

Shimon Shetreet ( Oct 1984) opines that the judiciary must be free from outside influence and external pressures when it adjudicates constitutional controversies, resolves administrative disputes or rules on criminal prosecutions or civil actions . Independence means both personal independence and substantive independence 
Various writers have defined Judicial Independence in many ways.

One of the definitions of Judicial independence given by Sandra Day O’Connor (January 2008) is that judicial independence means to guarantee the rule of law. Whatever this means is a subject of discussion for another day.

David Kosar (2013)  opines that, While one might still believe that the judicial power is “the least dangerous branch,” it is no longer accepted that the judiciary wields only limited power. The evidence is clear.

The power of courts has increased worldwide at an unprecedented pace in the last few decades. Judges often clash with the executive and interfere with the agendas of parliaments. As a result, virtually all developed legal cultures now accept that judges are not like umpires whose job is just to call balls and strikes, to paraphrase the Chief Justice of the United States Supreme Court, John Roberts,2 and that they sometimes resort to judicial law-making.

Two variable here are at play judicial independence and political interference.
Political Interference.
What is political interference?

Nathaniel T Dreyfuss (2013) argues that political pressure on the Judiciary is often argued as political interference in the court process. But what is political interference?
Natheniel T Dreyfuss (2013) further argues that public pressure exerted by the Executive on the Judiciary is perceived to be interference and it compromises the independence of the Judiciary.

From the flavour of the arguments by the above named author, it appears interference may mean anything that includes any form of meddling with the Judiciary by the Executive, any infraction or purported disciplinary measures premised on some political ground instituted by the Executive even through surrogates of any member of the executive whose desired end is to circumvent the law and put pressure on the Judiciary or the Judge.

Sunday Bontur Lugard (2017) opines that internal interference, as against traditionally known external interference in form of executive meddling in the performance of judicial functions skewed appointment processes, poor funding and tenure insecurity among others amounts to interference in the Judiciary.

WHAT IS THE STATE OF THE JUDICIARY IN ZAMBIA TODAY?

In recent times, the Zambia Judiciary has come under immerse pressure and has had a lot of infractions as regards its operations.
The first of this began with the appointment of Chief Justice Mumba Malila SC who the President of the Republic of Zambia referred to as “Our Chief Justice” in many forums including the Law Association of Zambia Conference held in Livingstone on the 13th April, 2023.

One would wonder when the executive or the President went on to claim such things as the Chief Justice being “Our Chief Justice”. May be he meant something else but it may also be that we are thinking too much about this statement but let’s leave it here for now.
The appointment of Dr Malila happened on the 22nd December, 2021 and before that he was a Supreme Court Judge in Zambia who served as such from 2014 .

Following the appointment of Dr Malila, Justice Joshua Banda was dragged to the Judicial Complaints Commission and subsequently removed as Judge of the High Court. This happened on the 6th May, 2022 and while Judge Banda was being removed, Judge Sunday Nkonde was suspended as judge .

Judge Joshua banda was removed following a complaint of alleged corruption which is alleged to have taken place before he became Judge. This matter went all the way to the Constitutional Court . One would ask, can a Judge be removed from office for something that is alleged to have been committed or done before he became Judge?

This is a topic for another day but what about the vetting and clearing process? What happened to it?
It did not end at this, Judge Nkonde was subsequently removed from office. This was on the 3rd June, 2022 .

This Judge was removed following the determination of the Post Newspapers case. The President of Zambia Mr Hakainde Hichilema while in opposition is on record as having said that they will not sit idle and let the post newspaper be closed .
This is the Judge that determined the matter involving the Post newspapers and he is now out of the system as Judge.

This did not end here, Judge Wilfred Kopa Muma was removed on the 2nd July, 2023 .
The Lusaka times gave details as to why Judge Muma was removed from office.
They report that by a statement issued by the State House Chief Communications Specialist, Clayson Hamasaka, the President acted on recommendations made by the Judicial Complaints Commission .

The Judge was later charged with offences of wilful failure to follow procedure and abuse of authority of office  relating to matters involving his functions as Commissioner of lands then because he gave land to a political party called the Patriotic Front (PF) and the view taken is that the greatest sin you can ever commit in Zambia today under the current government is to associate with PF.

Unfortunately for this Judge, the due process has not been accorded to him. He has not been given the benefit of having his case tried in the subordinate court as such a case starts from the subordinate court and the benefit of appealing to the High Court in case of a conviction and so on.

A Judge Must be allowed to have access to due process and the process must be fair . Whether this is being done or not is a discussion for another day.
Between the period 2023 to 2024, Judge Timothy Katenekwa was equally removed from office.

Judge Katenekwa was removed on the 28th January, 2024 . This was done about a month after the judge was suspended from office. This issue was heightened when Judge Katenekwa issued a subpoena to the Registrar of Societies  then following a dispute between warring parties in the Patriotic Front Party, a party that has accused the ruling party of causing and instigating divisions therein.
From 2022 to January, 2024, about four Judges had been removed from office and three are on suspension who truth be told are likely to also go.

The suspension of these judges if you remember was done a few days before the hearing of the now famous eligibility case  .

This has never happened before in the History of the Zambian Judicial system from the records so far accessed and remains a shocking event. What would the motivation for such a thing be?
In the past three years, there has been a very aggressive move by the Judicial Complaints Commission in Zambia.

This body is a creature of the Constitution and created by Article 236 of the Zambian Constitution . It exercises its power under Articles 143 and 144 of the Constitution of Zambia.

There has been a serious purging or removal of Judges from the Judiciary of Zambia by this commission. As indicated above, so far four judges have been removed and the latest one being Judge Timothy Katenekwa a Judge of the High Court for Zambia and now three Constitutional Court Judges are on suspension and likely to be removed.
The removal of most if not all these judges has a link to perceived political interference in the functions of the Judiciary for the simple reason that their removal or discipline is related to some political event.

One would ask, how will this removal of Judges ensures judicial independence amidst perceived political interference?
Is Judicial independence now dead in Zambia?
It must be noted here that the Chief Justice Mumba Malila, will go down in history as the only Chief Justice in Zambia who allowed erosion of Judicial Independence as well as polarised the Judiciary to a point of weakening and wiping out its independence.
One of the tenants of the office Judge is that a person occupying such an office must be guaranteed security of tenure .

Is there political interference in the Judiciary in Zambia? The position is now clear that there is political interference in the Judiciary and this can be seen from some Judgements that are not only strange but are politicking in themselves. The case of Michelo Chizombe v Edgar Lungu and two others  referred to above, is a classic example.

The  Constitutional Court has no power to revisit its decision as provided by the Constitution and only the Supreme Court can revisit its decision in qualified circumstances . It is strange that the Court is doing something that it does not have power to do but all this is very suspicious but it is illegal.  What would the motivation for this be?

Recently the case of ECZ v Belemu Sibanze  which sends waves of shock and paralysis when one reads it. This case has extinguished the right to seek redress were there is improper exercise of an administrative or statutory power. Essentially the decision says you can commit an illegality and there will be no one to check you and correct it. This is very sad. The Court has said, there can be no Judicial review in matters of elections. This position of the law is wrong both at law and when you apply common sense.
The removal of Judges and suspension of Judges of the Constitutional Court in somewhat suspicious circumstances even makes it worse.
Clearly there is political interference in the judiciary and judicial independence is dead.

Conclusion.

The principle of separation of powers in this country is no longer alive and at play.
There are various incidences that point to but one fact, that is to say that the judiciary is under attack and this cannot be denied anymore.
Ackerman. B. ( 2019)  argues that  many autocratic regimes have found the rule of law an extremely useful device in governing their societies. Under this set up.

The autocrats assert their arbitrary right to establish the rules, but require the bureaucracy and the judiciary to implement their commands I a consistent and principled fashion.
The position taken in this paper is that there is political interference in the Judiciary and judicial independence is dead.

This is executive invasion of the judiciary and they use the judiciary to achieve their illegal aims. This is in Morden times called law fare.
Major General Charles J. Dunlap (2008) argues that law fare is a concept that can be used for good or bad purposes.
In our present case, law fare should be understood to be the use of the law for a bad purpose that is to legitimise the illegal wishes of the executive through interference with judicial systems and functions.
For example, if A is an opposition leader and B wants the opposition leader to be jailed, he will create an offence and put public pressure as well as personal pressure on the judiciary to achieve this objective.
The perception created in this country now is that the executive is interfering with the judicial function as can be seen from many cases where the executive arm has been mention.

Sishuwa Sishuwa( Oct 19, 2024) , refers to a story of one German pastor and how we kept away from speaking about ills because it was not him that was affected.
“first they came for the socialist, and I did not speak out because I was not a socialist.
Then they came for the trade unionists, and I did not speak out because I was not a trade unionist.

They, they came for the Jews, and I did not speak out because I was not a Jews.
Then they came for me and there was no one left to speak for me”
The writer goes further and says he hopes that none of us will wake one day and adopt the words:
“first they came for the Archbishop and I did not speak out- because I was not an Archbishop. Or a Priest. nest they came for a Former President and I did not speak out- because I was not a Former President or his supporter.

Then they came for the Judges, then I did not speak out – because I was not a Judge…..”
The above write up raises questions as to whether the Judiciary is independent amidst political pressure/ interference or not.
It is opined that the chilling effect of Executive action which is vailed but cannot be hidden any longer in Zambia is symbolic of political interference in the judicial function and must be spoken against as it is not good for the country.

There is empirical evidence here and from the facts highlighted in this paper, that the Politicians now forming the executive arm of government have interfered with the judicial function of this country.
The position taken here is that where there is political interference, there is no judicial independence.

The re -opening of the eligibility case, a decision by the Constitutional Court which has effectively said in election matters there is no Judicial review, and the sending to jail of many notable people on grounds that are not supported by evidence as well as the tactical removal of Judges which all smell of nothing but executive interference.

Unless the executive let’s go of the judiciary, justice will remain a dream in this country.
As long as the executive keeps its tab on the judiciary, judicial independence will be dead and will remain as such.
Political interference always compromises judicial independence. STOP IT!

PRESS STATEMENT: MDI DIRECTOR STRONGLY CONDEMNS EMMANUEL MWAMBA’S FALSEHOODS AND URGES NATIONAL UNITY

Lusaka, 21st October 2024
The Muvombo Development Initiative (MDI), through its Director Mr. Winter Muvombo, has expressed deep displeasure over the false claims made by Emmanuel Mwamba, former Zambian diplomat, aimed at destabilizing peace in the country. Mwamba’s recent Facebook post, which falsely suggested an attack on opposition leader Edgar Lungu, has been widely debunked. The post used misleading footage unrelated to the event, igniting unnecessary public fear and confusion.

Mr. Muvombo issued a stern warning, stating, “Mwamba’s deliberate spread of falsehoods is unacceptable, shameful, regrettable, dangerous, and an embarrassment to our nation. We urge law enforcement agencies to take an interest in this case to deter such reckless actions in the future. Zambia is on the path to celebrating its 60th Independence Anniversary, and we cannot allow individuals with hidden agendas to sow division among us.”

The fabricated post, which Mwamba deleted shortly after being exposed, falsely implicated unrest surrounding Lungu. In fact, Lungu attended a funeral on the same day, mingling freely with fellow Zambians. “Our thoughts are with the Kambwili family during this difficult time, and we extend our well wishes to Dr. Kambwili and his brother for a speedy recovery,” added Mr. Muvombo.

Mr. Muvombo also called on the nation to embrace the spirit of unity exemplified by President Dr. Hakainde Hichilema, who has consistently demonstrated leadership that values the rule of law over vengeance. He emphasized, “President Hichilema leads with fairness, aiming to serve all Zambians equally, not for personal gain. If Mwamba is being supported by ‘Former President Edgar Yungu,’ it is unfortunate. Such tactics will not derail God’s will for Zambia.”

Mr. Muvombo further highlighted the continuous loss of members from the Patriotic Front (PF), the former ruling party, who are defecting to the ruling UPND on a daily basis. “PF is losing numbers rapidly as their members realize the progress being made under the New Dawn Government. Thousands have defected, choosing results over the noise propagated by the opposition. The PF can only watch as more Zambians embrace the vision of the ruling party.”

Regarding the recent removal of three Constitutional Court judges, Mr. Muvombo noted that the decision was based on the findings of the Judicial Complaints Commission. He stated, “The decision to remove these judges was founded on their actions, which undermined the integrity of the judiciary. While we refrain from labeling them corrupt, justice must prevail, and the people of Zambia demand accountability from all sectors, including the judiciary.”

The MDI Director challenged Zambians to reject distractions from individuals like Mwamba and focus on the country’s development. “Under the New Dawn Government, Zambia is seeing thousands defect to the UPND due to visible results—not noise. The people have chosen progress over empty propaganda. Mwamba, if you stand by your words, why did you delete your post?”

As the nation approaches its 60th Independence Anniversary, Zambians are urged to celebrate peace, unity, and the progress made under President Hichilema’s leadership, rather than be drawn into baseless political squabbles.

Issued by: Mr. Winter Muvombo, Director, Muvombo Development Initiative (MDI)

Muvombo Development Tv.

ZAMMSA HAS BEEN BANKRUPT SINCE 2015, SAYS FIRED DG

FORMER Zambia Medicines and Medical Supplies Agency (ZAMMSA) Director General Victor Nyasulu has broken his silence following his dismissal, accusing the government agency of being technically bankrupt since 2015.

Nyasulu’s remarks come months after a major scandal involving 61 missing trucks of medicines rocked the agency, culminating in his firing and the dissolution of the board led by Anna Chifungula.

Nyasulu claimed that when he became DG for the agency, he discovered deep financial mismanagement which he says had been there for years.

“When I became DG, I noticed that ZAMMSA’s books were in a mess and this issue dates back to 2015. There was technical insolvency, technical bankruptcy because as a government institution, ZAMMSA wasn’t being held accountable for unpaid obligations to entities like NAPSA and ZRA and with political interference, you never get shut down,” said Nyasulu.

According to Nyasulu, ZAMMSA’s funding has been woefully insufficient to meet the rising demands.

He alleged that the agency has been struggling to survive and nothing was being done.

“ZAMMSA has been struggling just to survive. We have been operating with only K42.6 million for the year, while monthly salaries alone are over K7 million. The agency’s survival has hinged on the goodwill of cooperating partners like the Global Fund, the US government, and CHAZ,” said Nyasulu.

He claimed that there were attempts for him to rectify the situation at hand but they were thwarted.

In November last year, after much back and forth with the Ministry of Finance, ZAMMSA finally secured an eight percent allocation for procurement and management.

However, the former DG alleged that then Health minister Sylvia Masebo intervened and instructed the Treasury to cancel their request.

“From January to July this year, we wrote over 20 letters to the Ministry of Finance, pleading for funds. But Masebo didn’t believe we needed the money, she thought we were just being extravagant,” he explained.

“And she also said she didn’t believe that ZAMMSA could be bankrupt for years saying that it had never happened before.”

He revealed that his dismissal from the agency was based on alleged gross negligence
which he insists to have been made a scapegoat which has taken a toll on his professional reputation.

Kalemba

ANDD CALLS ON GOVERNMENT TO CONVENE AN ECONOMIC INDABA TO ADDRESS ECONOMIC CHALLENGES

21st October Lusaka-Zambia

The recent downgrade of Zambia’s 2024 economic growth projection by the IMF, from 2.3% to 1.2%, clearly indicates that our economy is on a negative trajectory. This forecast underscores the urgent need for attention from both the government and patriotic citizens of Zambia.

The IMF’s assessment highlights the detrimental impact of drought on our domestic economy. We acknowledge that this drought has significantly hindered economic development activities. It has led to an energy crisis, severely affecting production in key sectors and impeding overall economic growth. For example, load shedding has resulted in the collapse of many businesses, particularly SMEs, contributing to increased poverty and unemployment levels among Zambians.

The energy crisis has also escalated the cost of doing business, resulting in higher prices for basic commodities and an overall rise in the cost of living. It is essential to recognize that these elevated costs are barriers to economic growth, as they reduce the productivity of the private sector, which is vital for fostering development.

As ANDD, we believe that, in addition to the drought, several other economic challenges are impeding socioeconomic growth in our country. Many of these challenges stem from the implementation of UPND government policies and economic fundamentals. Key issues we have observed include low economic productivity, political instability, volatility in exchange rates, and a high inflation rate currently standing at approximately 15.6%. Additionally, the monetary policy rate of 13.5% remains excessively high, contributing to a lack of liquidity in the economy and limiting access to financial capital for business expansion.

Unemployment, particularly among the youth, is another critical factor inhibiting economic growth. At 60 years of independence, Zambia cannot continue on this negative economic path. We must work together to address these pressing challenges.

Zambia is endowed with vast natural resources that should drive our development. We therefore urge the government to convene an economic indaba to collectively identify sound solutions that will transform our economy and improve living standards for all Zambians.

This gathering should involve all stakeholders: the church, civil society organizations, development experts, political figures, the business community, and others. This collaboration is essential to finding innovative solutions to the economic challenges our country faces.

It is time to advocate for economic independence and unite in pursuit of sustainable development that benefits every Zambian citizen, regardless of political affiliation, tribe, class, or religion.

Samuel Banda 
Executive Director 

Advocates For National Development and Democracy

UPND’S AGENDA TO CHANGE CONSTITUTION USING ECZ
….they want to remove 50 plus one and the Running Mate clauses, claims SP Copperbelt Provincial Chairperson

Ndola…. Monday October 21, 2024

The Socialist Party (SP) on the Copperbelt has accused the UPND government of wanting to change the Republican Constitution using the Electoral Commission of Zambia (ECZ).

Socialist Party Copperbelt Provincial Chairperson Dr. Brian Chirambo has alleged that the UPND wants to remove the 50 plus one and Running Mate clauses from the Constitution.

Dr. Chirambo says the establishment of the Electoral Reform Technical Committee is a sham meant to serve the interests of the UPND and not Zambians.

He said the UPND wants to bring the simple majority in the Constitution for them to remain in office beyond 2026.

“The establishment of the Electoral Reform Technical Committee is a sham and we think it’s an illegal process. It’s a process that does not serve the interests of the Zambians. Our experience when we went to make our submissions at the Electoral Reform Technical Committee here in Ndola demonstrated that the ECZ is being used as a tool to open constitutional amendments,” he told journalists on the Copperbelt on Saturday.

“There is no real issue that they want to change in the Constitution, but what they want to do is to open a process of changing the Constitution of the land. Our experience there at the Committee further demonstrated our fears that what they want to do is to deal with the 50 plus one and Running Mate.

“This issue is being driven by those individuals with an interest of the UPND and not the interests of the majority Zambians. As Socialist Party on the Copperbelt, we are on firm belief that the UPND wants to remove the 50 plus one in order to have a simple majority. They also want to remove the Running Mate so that they choose their own Republican Vice President.”

Dr. Chirambo claimed that the ECZ is not the right institution to champion the Constitution Reforms.

Meanwhile, Dr Chirambo castigated the UPND government for increasing electricity tariffs saying this will result in high production costs which will affect the consumers.

“The challenge we have is huge. If you read how they have structured the increment, they are doing what we call ‘sugar coating’ on the people of Zambia. They have increased for the commercial consumers such bakeries and other producers of goods and they are saying they have reduced for residential consumers who use less than 200 units per month. They are crocked! The cost of doing business is going up and the cost of living will also go up as the producers will pass on the cost on the consumers.”
Follow Dr. Chirambo’s interview on: https://www.facebook.com/share/v/UHbaJTCicssRFcAM/

Musa Mwenye trailed, in an accident

By Mast Reporter

Former Attorney General Musa Mwenye was this morning involved in a minor road traffic accident that left his car with a damaged bullbar after he hit into a gate near his home.

Meanwhile, sources in the police have revealed to The Mast that Mwenye panicked after he noticed, in the rear mirror, a car that was trailing him behind.

But according to a statement issued by Zambia Police Service assistant public relations officer Godfrey Chilabi, the accident happened when Mwenye lost control of the vehicle.

“Police in Lusaka have recorded a damage-only road traffic accident involving Mr. Musa Mwenye. The accident occurred today, October 20, 2024, at around 04:00 hours along Lake Road near Kwacha Square Institute, opposite Choppies, Lusaka. Brief facts of the matter indicate that Mr. Musa Mwenye, 49, of Stand 22858, Kabulonga, was driving a Toyota Hilux with registration number BAX 1085 when he lost control and hit a gate, causing several damages to the vehicle,” said Chilabi on the Zambia Police Service’s Facebook account.

“Preliminary investigations reveal that the accident occurred when the driver lost control of the vehicle, which struck the gate, forced it open, and subsequently crashed into a window of the Copperbelt University building. A breathalyzer test was administered, revealing an alcohol content higher than the legal limit of 0.38 mg/100 ml. Mr. Mwenye was briefly held at Woodlands Police Station but was immediately released to seek further medical attention. The vehicle remains at Woodlands Police station, and further investigations into the offence of driving under the influence of alcohol, contrary to Section 157(i) of the Road Traffic Act No. 11 of 2002, have been initiated, along with inquiries into other traffic offences.”

Earlier, Mwenye confirmed the accident on his Facebook page.

“I wish to confirm that I was involved in a minor road traffic accident earlier this morning in which my vehicle was the only one involved and has suffered some damage. I am well and at home and I have not suffered any injuries and thank [m]embers of the public for the concern showed for my wellbeing,” wrote Mwenye.

Meanwhile, a police officer who spoke on condition of anonymity revealed that Mwenye is a marked man.

“It is true that State Counsel Mwenye was involved in a minor accident less than one kilometre from his house. A few of my colleagues had trailed him for a while, so when the accident happened, they arrived on the scene within seconds around 4am,” the officer said.

Asked why the police had trailed Mwenye, the officer explained that the former chairperson of the Anti-Corruption Commission board is a marked man.

“Please do not reveal my identity under any circumstances, because I will lose my job. Okay, ba Mwenye has a team of intelligence officers that have been tasked to trail him wherever he goes. There seems to be some intelligence in higher circles that if ba ECL is ruled out, the opposition will ask ba Mwenye or [State Counsel John] ba Sangwa to be their candidate for 2026,” the officer said. “So, some of my colleagues were asked to start trailing certain people including ba Mwenye to secure damaging information. Even ba Sangwa and other people are being followed. They are looking for anything such as who he is meeting with, and look for other incriminating weaknesses such as women, you know us men. In fact, even when the accident happened, the hope was that State Counsel would be found with a woman in the car who is not the wife but he was alone. I am not one of them, but my colleagues have been trailing him for some time”

The source disclosed that the officers had trailed Mwenye last night and were parked outside the area where he was having drinks with friends.

“They were even parked outside the area where he and his friends were drinking from. When he left, they followed him. The intention was to stop him at some point and conduct a random breathalyser test. Kuoneka ati (it seems that) the State Counsel looked into the rear mirror, noticed that my colleagues were trailing him, and he panicked. In the process, he hit into that gate. This explains why within seconds, a car had arrived at the scene, and it turned out to be the police,” the police officer disclosed.

Asked if it was true that Mwenye’s car was severely damaged as alleged by Facebook pages aligned to the ruling UPND and State House, the officer said it was not seriously damaged.

“You mean the pictures published on Koswe, and other Facebook pages of the ruling party showing the images of an extensively damaged car? That is not ba Mwenye’s car. As the statement that was issued by our Assistant Public Relations Officer stated, the number plate of his car is BAX 1085. The car only suffered damage to its bullbar. I will see if I can send you the pictures of the car that we got on the scene.  The registration number of the car that ma [the] pages yaba [of] UPND have published is BAR 6489. Yes, that one has been extensively damaged, but it belongs to the former Minister of Home Affairs ba Stephen Kampyongo who was involved in a separate road traffic accident near State House also this morning,” explained the officer. “As I understand it, pali ba Mwenye, the plan is to exploit this incident to create a public narrative that State Counsel is a drunkard, but I would advise him and other people including ba ECL to be careful. They should avoid traveling alone and especially at night or over long distances. You know, even us as police officers, we are not happy being used like this. We are just suffering like other people. It’s not nice what we are being made to do. Have you noticed how we were quick to issue a statement on Mwenye’s case but are yet to do so on several other accidents including that bus that claimed lives?”
Credit: The Mast

Reality Check: IMF’s Downgrading of Economic Growth for 2024 Shatters 2025 Budget

Setting ambitious goals in economic planning is generally viewed as a proactive approach to advancement. Nevertheless, it is crucial for these aims to strike a balance between being ambitious and realistic. The recent revision by the IMF to Zambia’s economic growth projection, reducing it from 2.3% to 1.2%(Bloomberg), casts uncertainty on the achievability of the government’s objective of attaining 6.6% economic growth in the 2025 budget.

The government’s aspiration for a 6.6% economic growth in the 2025 budget is commendable, but it is imperative to consider the prevailing  economic and financial circumstances. The recent revision of the IMF’s forecast highlights the challenges impeding the economy, casting doubt on the feasibility of the ambitious target and highlighting the need for more grounded projections in the budget planning process.

The IMF has revised Zambia’s economic growth forecast, raising concerns about the feasibility of the country achieving a significant increase from 1.2% to the projected 6.6% within a short period. The country’s ability to meet some of the fundamental targets outlined in the 2025 budget, such as the government’s aim to utilize 80% of domestic resources, may result in a rise in domestic debt and crowd out the private sector from accessing credit markets. This could lead to a decrease in tax revenue from private enterprises, putting additional strain on households and local businesses.

The optimistic forecasts for higher VAT collection in the 2025 budget could exacerbate the financial strain on households and local businesses already facing challenges within the nation’s economy. Additionally, the UPND government is implementing contractionary measures on both monetary and fiscal fronts to stabilize the economy. Considering the concerns raised, along with the downgraded economic growth forecast for 2024, it seems apparent that the projected 6.6% is unrealistic, warranting modifications to the 2025 budget.

Hence, the IMF’s downgrading of economic growth forecasts for 2024 acts as a reality check for the ambitious 6.6% economic growth target set for the 2025 budget. The UPND government must adjust the budget accordingly to reflect current economic conditions. Neglecting to make these adjustments may result in an impractical and unachievable budget, potentially exacerbating economic challenges in the upcoming year

In essence, it is crucial to balance ambition with practicality and a thorough grasp of the present economic landscape in economic planning. The recent adjustment of growth forecasts by the IMF should serve as a prompt for the government to reevaluate its objectives and make necessary adjustments to establish a sustainable and attainable trajectory for economic growth for the 2025 budget.

The Struggle Continues

Sensio Banda
Former Member of Parliament
Kasenengwa Constituency
Eastern Province

Former Zambian Republican President ECL escapes unhurt after UPND attack

…on him and his security team in Chingola

By a Correspondent in Chingola

20.10.24

The sixth President of Zambia Edgar Lungu has described as ´ unfortunate ´ the police decision to standby and watch unruly cadres from the ruling UPND attack his motorcade in the aftermath of the funeral of Hon. Chishimba Kambwili´s brothers Mwamba and Mutale in Chingola today.

“The police were complicit in the attack, and I challenge them to deny this fact,” said the former President Lungu.

“They stood by and watched our motor-cade get attacked and did nothing to stop the cadres unfortunately…it was as if they were working together”

It took tact and skill for the Lungu security team to escape the UPND unruly posse of cadres escalate the violence in what was slowly turning into a boiling point as the former head of states life was in clear danger.

To escape the attack, the former head of state motorcade sped towards the border with Congo before the ruthless cadres finally gave up the chase along with the ´supportive´ Chingola police. 

At press time, President Lungu was safe but traumatised, travelling back to Lusaka using a back route in order to avoid further attacks on his life and team.

Attacks on President Lungu have been on the rise since President Hichilema withdrew state security from him, leaving him vulnerable to harm.

Lungu is  the only former head of state in Africa to move without state security in recent history while his private home is guarded by a rag tag personal security.

Many observers have expressed fear in the past that the reason for stripping Lungu of state security is to leave him open and exposed to an open public attack from UPND cadres and any other fanatical enemy.

“I thank God that we are safe now and returning home after the funeral of the Kambwili´s brothers that perished needlessly in a fatal accident near Kasama,” said President Lungu, “our sincere condolences to hon. Kambwili and his family on this major loss of two gallant men.”

SOURCE: KBN TV