Don’t give Lungu powers over eligibility proceedings – Chizombe

YOUTH activist Michelo Chizombe’s Lawyer Micheal Moono urged the Constitutional Court not to allow former president Edgar Lungu to have dominance over his eligibility proceedings with his theatrics aimed at delaying the case.

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Moono who opposed to Lungu’s application to file a motion for recusal against three judges of the court, said allowing Lungu to file the application out of time would grant him supremacy over the proceedings, and he will be calling the shots on when to proceed and stop,  which is wrong.

This was after Lungu’s lawyer Makebi Zulu failed to meet the deadline set by the Court to file an application for the three judges to disqualify themselves from handling the case.

Lungu had lodged a complaint against Court President professor Margaret Munalula, her vice Arnold Shilimi and Mapani Kawimbe alleging bias.

He claimed that the three were bent on executing President Hakainde Hichilema’s plan to prevent him from contesting the 2026 general elections, owing to their failure to declare interest due to their association with the President.

The Constitutional Court directed Zulu to file the application by 14:00 yesterday.

When the case resumed in the afternoon Zulu indicated that he did not manage to file the application citing limited time, traffic jam and loadshedding.

He said the drafting of the requisite documents requires research and it is impossible for an application to be drafted, filed and served within an hour.

“The nature of the application itself requires attachment of evidence for example; Lungu alleges a close attachment between the vice president of the Court and President Hakainde Hichilema. The allegation of bias or perception thereof would have to be proven as a matter of fact,”he said.

“The closeness of the relationship requires documentary evidence that requires to be accessed through a search at PACRA or indeed through relevant bodies.”

He said on the part of judge Munalula he needed to do a background research.

Moono raised an objection arguing that Zulu cannot give evidence from the bar.

“To deliberate what that allegation is from the bar to meet his deadline, is the same thing as giving evidence from the bar,” he said.

“There is no room for anyone to interrogate or examine such allegations in the absence of nothing that has been filed. This should come in his application or submission and not from the bar. The allegation that he has advanced must be expunged from the record.”

Zulu said he was glad that Moono understands the predicament he was in and the allegations of bias cannot come from the bar but ought to be made in submissions.

“We are giving examples why we failed in an hour because there are issues that need to be attached to the affidavit before we file,”he said.

Judge Munalula directed that the examples advanced will not be expunged from the record. 

Zulu further requested that he be allowed to file a formal application for recusal out of time.

Lawyer representing the Electoral Commission of Zambia (ECZ), Mukunsa Bwalya said the matter commenced a year ago and the commission was ready to proceed.

Attorney General Mulilo Kabesha said parties need to go to court prepared.

“When we come to court we should always be ready. Assuming adjustments will be granted willingly should not be our cup of tea. We were in Court in June, and the judges were on the panel. The application for recusal should have been done a long time ago,”he said.

“Coming to court with an agenda under the armpit, you don’t take it for granted that whatever you ask for the court will give. I assumed Lungu already had the documents and; those examples maintained on the record will show that Lungu was not ready to proceed.  Time is of essence to this court.”

Solicitor General Marshal Muchende said the courts world over in the commonwealth jurisdiction take offense at dilatory tactics.

He said Lungu had all the time to prepare himself and the material forming part of his allegations, but he opted to sleep on his rights until the eleventh hour, which is a dilatory of Fabian tactics designed to derail straight forward proceedings.

“This court must not entertain the Fabian tactics going on in the matter. It cannot be that after bringing the court to notice that Lungu has serious allegations of bias against eminent men and women who were appointed on merit who swore to uphold the constitution upon swearing to be judge, would make such allegations without evidence,”said Muchende.

“The statement that allegations against the court president requires diving into history, why do it now when the matter was reserved for hearing? We pray that the matter be dismissed with the content it deserves.”

Moono argued that Lungu’s application is an afterthought and if the concerns of bias were real, he would have raised them immediately the court convened itself as a full bench.

“To wait deliberately until the moment of hearing suggests that; there could be other considerations which are hoped to be achieved, by delaying the hearing of this petition,”He said.

“To allow Lungu to file the application would voluntarily give him the reigns to the proceedings to decide when do we go, when do we stop and that cannot be allowed.”

Moono said the proceedings were of public importance not only to the parties before court but the nation at large and court must be seen to be resolute in the discharge of its constitutional functions without swinging to the whims and caprices that pleases one party in the matter.

“The application is to file out of time to delay the commencement of hearing of this petition my argument is that, the first respondent must not be given additional time to go and file this application,”said Moono.

“The court must not entertain delays. Lungu must have come to court ready to proceed with hearing of the petition. He has known about the hearing of the petition since August 14 when the cause list was circulated.”

Zulu said the application relating to the recusal of  judges must be heard before the court proceeds.

“The court being a court of procedure requires that the same must be followed in filing applications. You have granted us leave but we are saying the time given is not enough. To suggest that the allegation of bias does not exist, is a mockery and would be unjust,” said Zulu.

Judge Munalula said since the application bordered on her recusal together with two of her colleagues, the Court would grant the application.

She ordered that the same be filed by Monday 14:00 and should be served on the parties the same day.

“The court will hear the application on Thursday at 09:00 hours, The court will not entertain any further delay in the matter,”ordered judge Munalula.

By Mwaka Ndawa

Kalemba September 28, 2024.

Dear Dr. Nevers Mumba,

I write this letter to you as   the Mayor of Kasama, your former neighbour if you know KT 424 in Riverside Kitwe, as someone who believed in you from long ago and also as a  concerned Zambian citizen. Your recent open letter to Former President Edgar Chagwa Lungu was an interesting read, and I agree that your words carry weight. However, I must question whether this advice would be even more impactful if it came from a place of balance. Unfortunately, many of us in Zambia have noticed that your stance seems inconsistent, particularly when it comes to the current administration and President Hakainde Hichilema (HH).

You once labeled President Hichilema as “non-Christian” and questioned his ability to lead a Christian nation. Yet today, despite glaring issues in his leadership, you’ve remained notably silent. When he referred to Lungu as “kutumpa” (foolish) and made violent remarks like “mingalato,” you did not speak out. You had the opportunity to be a bridge between these two leaders, but instead, you have remained quiet on their ongoing personal feud, a rift that continues to divide Zambia.

In your Facebook post, I commented, “Have you been sincere in your leadership? Zambia must have been saved long ago, but awe sure tamutwafwa. Nangu mulembe ifitali, it simply shows that mulipancito.” The public needs more than words; they need action. Your leadership is under scrutiny because of your silence on key issues.

Selective Criticism

While you offer well-thought-out advice to Lungu, many Zambians feel you have neglected to address the shortcomings of the current administration. Chanda John Chimba rightly pointed out, “The current president called ECL names when ECL was president. Show us a statement where you condemned that.” This inconsistency raises concerns about the sincerity of your leadership. How can we trust your advice when it appears so one-sided?

There are pressing issues facing Zambia today, including the high cost of living, load shedding, and a worrying power deficit. Yet, we have not heard you address these matters publicly. As someone respected for your voice in the political and religious spheres, why have you not spoken out? It feels as though you pick your battles, often at the expense of fairness and balance.

The Public’s Reaction

Your open letter has sparked considerable conversation on social media. People are questioning your motivations and the reasons for making this letter public rather than addressing Lungu privately. Kezo Moses Mpali asked:
“Why choose to bring this to social media? Why not seek his audience and talk? Nonetheless, I love and admire your urge to build. God bless you.” This reflects the confusion many of us feel about your approach. Why engage in public commentary when private discussions could yield more meaningful reconciliation? Remember ECL is immediate past Oresident and the only surviving father of the nation.

Silence on Major Issues

You have also remained silent on issues that affect ordinary Zambians, such as the police’s behavior toward the opposition and the suspension of the three Constitutional Court judges—a move many see as politically motivated. It’s troubling that while you express concerns over Lungu’s statements, you haven’t spoken up about actions by the current government that have raised eyebrows. These actions have led to bitterness among many, as people feel justice is being selectively applied.

Bupe Bwembya was right to say, “I totally disagree with this biased piece of advice. I find it to be hypocritical and unbalanced, especially that in the recent past, there have been many occurrences that demanded your comment but as expected, you kept quiet.” Your leadership should be about consistency, fairness, and calling out wrongs, regardless of who is in power then you serve the purpose of a Former VEEP.

Police Brutality and Reconciliation

We have seen an alarming rise in police brutality toward opposition members. This should concern all leaders, especially those who have championed peace and democracy. As a man of God, your voice on these matters is needed. You should be leading the charge in calling for fairness and the protection of all Zambians, regardless of their political affiliation. Your silence on this issue is deafening. This calls for other political figures that have been long in the arena of politics, please be the change that this Country needs to see and emulate.

In your position, you could also play a pivotal role in reconciling the personal animosity between Lungu and HH. Instead of deepening the divide, you could bridge it, bringing these two leaders together for the good of the country. Yet, you have not taken that step. Many of us expected you to be the reconciler in this moment of national tension.

Final Thoughts

Dr. Mumba, your advice would carry far more weight if it were offered with balance and sincerity. The Zambian people are watching, and they are looking for leadership that is not only vocal when it comes to one side of the political spectrum but that holds all leaders accountable. In times like these, when the cost of living continues to rise and power shortages affect families, your silence on these key issues speaks volumes.

As I mentioned in my Facebook comment, “Have you been sincere in your leadership? Zambia must have been saved long ago, but awe sure tamutwafwa.” We need more than speeches and open letters. Am one person that was over joyed by your TV program ‘ZAMBIA SHALL BE SAVED’ and will would dash to listen to it with alot of exitment because we indeed wanted Zambia to be save.We need leaders who stand for justice and fairness across the board. Am a Mayor of Kasama and am a leader to the community of Kasama and by all fairness I serve as both a Civic Leader and a Christian.

The Zambian people expect more from you, and it’s not too late for you to rise to that expectation. Be the voice of balance, be the peacemaker, and most importantly, be consistent in your leadership it will help you in your future endevour.

Sincerely,
Theresa Kolala
Mayor of Kasama

GOVERNMENT REAFFIRMS SUPPORT TOWARDS CHINA’S INITIATIVES

President Hakainde Hichilema has reaffirmed Zambia’s support towards the initiatives proposed by the People’s Republic of China President, Xi Jinping, aimed at enhancing economic development in the global south.

President Xi unveiled a ten-point action plan during the Forum on China Africa Cooperation (FOCAC) Summit which was held recently in China as a roadmap for China and African relations for the next three years.

And Mr Hichilema notes that the Zambia – China cooperation has yielded remarkable projects which have transformed the two countries.

ZANIS reports that Mr Hichilema said this in a speech read on his behalf by Vice President, Mutale Nalumango, during the celebration of the 75th Anniversary of the Founding of the People’s Republic of China and 60 years of diplomatic relations between Zambia and China held at Mulungushi International Conference in Lusaka.

President Hichilema stated that the planned revitalisation of the Tanzania- Zambia Railway Authority (TAZARA), will improve trade and regional connectivity in Southern Africa.

He added that the Zambia- China partnership in revamping the Mulungushi Textiles will create jobs and enhance local manufacturing capabilities.

“Over the past 60 years, Zambia and China have nurtured a partnership built on mutual respect and cooperation.  These ventures between the two countries represent the heartbeat of our collaboration aimed at improving livelihoods and fostering economic growth,” he said.

The Head of State also paid glowing tribute to the People’s Republic of China Founder Chairman, Mao Zedong, and Zambia’s Founding President, Kenneth Kaunda, for having initiated diplomatic relations between the two countries 60 years ago.

Earlier, Chinese Ambassador to Zambia, Han Jing, stated that trade between China and Zambia stood at 3 Billion United States Dollars in the first half of 2024, indicating an increase of 5.3 percent.

Mr Han noted that the twinning of some Chinese and Zambian provinces is playing a vital role in enhancing cooperation between the two countries.

He reaffirmed China’s commitment to actualising the agreements in fields such as energy, water and agriculture which were signed between Zambia and China during the 2024 FOCAC Summit. 

Mr Han added that China is committed to helping Zambia eradicate the energy insecurity it is facing and turn the country into a net exporter of electricity as a regional hub.

“China is striving for equal development opportunities for African countries and working to contribute to a more just and reasonable international order. The Chinese side is ready to cooperate with the Zambian side to renew our traditional friendship, work on the list of cooperation on the ten partnership actions and make a good start for the next 60 years of our relations,” he said.

Mr Han stated that the signing of the MoU on the revitalisation of TAZARA is one of the most important outcomes of the FOCAC Summit.

“The agreement bears testimony to the fact that the Zambia – China friendship , forged by the older generation of leadership of the two countries, has stood the test of changing times and continues to brim with new vitality,” he said.

Meanwhile, Veteran Politician, Vernon Mwanga, congratulated Chinese past and present leaders for implementing radical economic policies which ensured the elimination of extreme poverty from the country by 2020.

Mr Mwanga, who is also former Foreign Affairs Minister, stated that China’s story of transition from extreme poverty to prosperity is an inspiration to other developing countries.

2016 Presidential petition was not determined on merit – ELGIA

Electoral Law and Governance Institute of Africa (ELGIA) executive director Felix Owuor says the 2016 presidential election petition in which President Hakainde Hichilema was challenging the election of Edgar Lungu was not determined on merit.

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He said the Electoral Law Jurisprudence on the Special Effect Doctrine proves to be a challenge.

“The most problematic of them all is the interpretation of the Special Effect Doctrine on the threshold for invalidating an election on the basis of illegalities and irregularities, and whether a credible election should meet. both the qualitative and quantitative test,” Owuor said.

The ELGIA director was speaking during the Launch of the Strategic Plan of the Advisory Committee on Elections Management by the Zambian Judiciary on Wednesday.

He said the move to establish a permanent Committee of the Judiciary to deal with the electoral disputes effectively made Zambia, the second country in the continent with a permanent committee of the Judiciary dedicated to dealing with electoral dispute resolution, after the Kenyan Judiciary Committee on Elections (JCE), established in 2012.

“Currently, there are only 3 countries in Africa (Kenya, Zambia and Malawi with permanent committees embedded in the Judiciary to resolve electoral dispute resolution,” he said.

“The electoral process landscape in Africa still has a number of challenges and uncertainties that the Zambian Judiciary will be invited to help address.”

He cited cases that have not been conclusively settled among them the presidential Petition of 2016 brought by President Hakainde Hichilema and his then vice president Geoffrey Bwalya Mwamba.

“While the Jurisprudence seems settled in Kenya and Malawi in the landmark cases of (Raila Odinga & Another vs IEBC & 2 Others (2017), and the Malawi case of Arthur Peter Mutharika & Another vs Saulos Klaus Chilima & Another), the jurisprudence is yet to be fully developed in a number of African countries including Nigeria (Buhari vs Obasanjo; Atiku Abubakar vs Yaradua), Uganda cases of Kizza Besigye and Amama Mbambazi, Zimbabwe (Chamisa vs Mangagwa) and the Zambian case of (Anderson Mazoka & Others vs Levi Patrick Mwanawasa (2002), among others,” Owuor said.

“Am sure all of you can remember in 2016 the Zambian case the Hakainde Hichilema versus Edgar Lungu was never heard on its merits.”

He said on the standard of proof on election petitions the Judiciaries in Africa seems to be split with Kenya, Zambia and Uganda adopting an intermediate standard of proof, while the majority of jurisdictions have adopted the Malawi Supreme Court; reasoning that the standard of proof in electoral petitions is the civil standard which is on a balance of probabilities.

“In most countries the election dispute resolution (EDR) process is highly prescribed requiring strict application of the Constitution and the election laws. As a result, there are too many litigations in the electoral process,”Owuor said.

“We have full confidence on the ability of the Zambian Judiciary to strengthen the electoral dispute resolution framework in Zambia and to make a constructive contribution to the development of electoral dispute resolution in Africa, which will in turn strengthen the electoral processes in the continent.”

He added that ELGIA reaffirms its commitment to supporting the Zambian Judiciary in this important endeavour as a respectful and dependable ally, by respecting the Zambian laws and political context which must inform the Zambian EDR process.

Speaking at the same event, acting chief justice Micheal Musonda said maintaining an effective and credible electoral processes is crucial for upholding the democratic values essential to any democratic society.

“Elections represent the cornerstone of any democracy and are indispensable to any democratic polity such as ours. Politicians also know too well that democracy is expensive,” he said.

“The Constitutional role of resolving electoral disputes which we perform has a significant bearing on the lowering of the post-election political temperature in our country and the maintenance of peace, stability and
order.”

He said the responsibility of resolving post-election disputes, expeditiously represent a huge source of stress and strain on the Judiciary due to limited resources which are required to execute its role effectively.

“Financial constraints, human resource challenges and infrastructural limitations are just a few of the problems we grapple with.
To make matters worse, every successive election cycle compounds the strain and stress for the Judiciary exponentially,”Justice Musonda said.

“The Judiciary is bound to fall short of attaining that ideal, unless we are supported (in good time) in the way of addressing the factors behind my lamentations.”

Chairperson of the Chief Justice’s Advisory Committee on Election Management (ACEM) judge Mapani Kawimbe said judges should be allowed to decide on political cases without unfair preference.

“We judges should be left to decide cases with adherence of the law with regardless of who is involved,”she said

“Election cases are highly sensitive in nature and exert a lot of pressure on the courts, litigants and citizens. The Judiciary being the ultimate guardian of justice, has a role to play in ensuring electoral disputes are handled highly in an effective manner.”

United Nations Development Program (UNDP) James Wakiaga says the UNDP is expectant that the electoral reforms process that is currently underway will provide clear guidance on key reforms to be implemented both before and after the August 2026 elections.

“UNDP is committed to supporting the Judiciary and other stakeholders to ensure that mechanisms for the efficient disposal of election related disputes are reviewed, updated and aligned with regional and international best practices,”said Wakiaga.

And acting British High Commissioner to Zambia Sam Waldoc aid; “central to credible elections is a comprehensive and effective dispute resolution mechanism, that ensures integrity and fairness of the electoral process.
When electoral grievances are resolved transparently and justly, there is increased public trust in the outcome of elections.”

By Mwaka Ndawa

Kalemba September 27, 2024

IF ECL IS NOT ELIGIBLE, THEN THERE’S NO 7th PRESIDENT

If the petition is entertained and the original ruling reversed, it could lead to substantial legal and political ramifications and would impact on the legality and legitimacy of the incumbent, Hakainde Hichilema.

Emmanuel Chilekwa

26 September, 2024

Key Considerations

Finality of Constitutional Court Judgments:

The Constitutional Court of Zambia is the highest court in matters of constitutional interpretation, and its decisions are generally considered final and binding. According to Article 128(4) of the Zambian Constitution, the decisions of the Constitutional Court are final.

Revisiting Judgments:

Typically, courts of final appeal do not revisit their own decisions unless under exceptional circumstances, such as a significant procedural error or new evidence that fundamentally alters the case. The principle of res judicata (a matter already judged) applies to prevent repeated litigation on the same issue.

Legal Grounds for Challenge:

For a petitioner to successfully challenge the Constitutional Court’s ruling, they would need to provide compelling reasons, such as a manifest error in law or facts that were not considered. This is a high threshold to meet.

Consequences and Implications

Potential Outcomes:

If the Constitutional Court entertains the petition and reverses its previous decision, it could invalidate the former president’s eligibility retroactively. This could have significant implications for the LEGALITY of the 2021 election and any subsequent actions taken by the former president.

If the Court upholds its previous ruling, the matter would be conclusively settled, reaffirming the legitimacy of the former president’s eligibility.

Impact on the Incumbent President:

Should the Court reverse its decision, questions may arise regarding the legitimacy of the incumbent president who took office following the contested election. This could lead to legal and political challenges, potentially destabilizing the current administration.

However, if the Court’s decision stands, the incumbent president’s position remains secure, and the challenge is dismissed as unfounded.

Legal and Political Stability

The Zambian legal system emphasizes the finality and authority of the Constitutional Court in constitutional matters to ensure legal certainty and stability. Revisiting settled issues can undermine this stability unless absolutely necessary due to clear and compelling reasons. The court will likely weigh the potential consequences for political stability and the rule of law when deciding whether to entertain the new petition.

Conclusion

The Constitutional Court’s previous ruling on the former president’s eligibility stands as the authoritative interpretation unless successfully challenged under exceptional circumstances. The court’s decision on whether to revisit the matter will significantly impact the legal and political landscape in Zambia. If the petition is dismissed, the incumbent president’s legitimacy remains unchallenged. If the petition is entertained and the original ruling reversed, it could lead to substantial legal and political ramifications.

A CLOSER LOOK AT RESOLVED PROBLEMS LEFT BY ECL ; AND THESE PF 10 YEAR PROBLEMS HAVE BEEN RESOLVED IN 3 YEARS OF UPND LEADERSHIP

By Mark Simuuwe

1. Mining has been revamped with Mopani , KCM , Shaft 28 with $500million boost from NFC , Mimbula mine kicking off , Lumwana pumping in $2 billion , Kaumbila pumping in over $1.3billion , and many other mines .

2. Debt restructuring successful even when ECL said it was impossible , after ECL government defaulted in 2020 .

3. Funded but Invisible FTJ University in Luapula to be taking shape soon .

4. After employment freeze under the previous administration , Over 42,000 teachers recruitment , over 14,000 health workers , and about 3500 health workers to be recruited again this year , over 3000 local government workers recruited so far

5. From Solar milling plants which are a white elephant across the country, we have now commenced meaningful construction of solar plants in collaboration with China utility company .

6. We have successfully brought an end to carderism

7. As promised in the campaigns , there is no more bloodshed arising from irresponsible leadership as it were .

8. No more alleged state sponsored terrorism of gassing citizens.

9. The EU has resumed financing Zambia’s budget after they stopped due to PF corrupt government.

10. The UK has resumed financing Social Cash transfer after demanding for a refund from the PF government due to rampant corruption.

11. As promised in the campaigns when President HH said each constituency shall be receiving $1million per year , and PF said he was lying , CDF is now more than $1milion per constituency and is K30.6 million .

As a result of CDF increase projects of over 1000 classroom blocks across the country have been done so far and 2800 cooperatives funded .

12. 75,000 marketeers have been given market booster loans .

13.As promised and as a response to the drought situation, Government has commenced Irrigation farming to address drought and has earmarked 17,000 farmers who are now receiving irrigation equipments .

14. Media freedom is being enjoyed as promised .

15. We now have a balanced cabinet different from
the regional cabinet under the previous government.

16 After employment freeze , there is recruitment of over 45000 youths in the defence force .

17. We have so far recruited over 1500 personnel under Immigration.

18. There is a sign of the growing manufacturing sector with the recruitment of over 13,262 workers in the private sector .

19. Reopening of Mulungushi textiles from the political lip-service commissioning under the previous government.

20. Chingola – Chilibombwe – Kasumbalesa road done and commissioned .

21. Lusaka-Ndola road which failed under under the previous government has taken off at supersonic speed and is at half the price .

22. Sakanya boarder post road works taking shape .

23. Luanshya -masangano -fisenge road has commenced as promised .

24. TBZ – Mongu Road has commenced .

25. Mongu Airport to be commissioned .

26. Chipata airport works taking shape to start off soon .

27. Muchinga airport feasibility study being approved for commencement of works.

28. Mansa airport works construction to commence soon.

29. Second runway at KKIA construction has commenced . construction

Etc

Remaining on the campaign menu :

1. Resolving loadshedding – plan in place and works under .

– 300 megawatts at Mamba corriers commences construction
– 100 megawatts solar array Kariba commences
– 100 megawatts at Kafue commences
– 60 megawatts at Cec commissioned
– solar plant in Itezhi Tezhi under way
– solar plant in Chibombo under way

– connecting Luapula River to Kafue River

Ends //

WAGON MEDIA

TIME RUNNING OUT FOR UPND
…plans to delay 2026 elections using legal
technicalities could backfire politically – Mooya

By Staff Reporter(The Mast)

JUSTINE Mooya, a political analyst based in Canada, has raised alarm over President Hakainde Hichilema’s recent interpretation of Article 52 (6) of the Zambian Constitution, warning that it poses a serious threat to the country’s democratic framework.

He warns that time is running out for UPND and that “plans to delay 2026 elections or using legal technicalities to maintain power could backfire politically leading to widespread public discontent”.

Mooya says the President’s approach could set a dangerous precedent undermining the very democratic values he once stood for.

“At the heart of the issue lies a constitutional lacuna, a gap or omission in the legal framework that has led to conflicting interpretations of Zambia’s governance.

What is a lacuna in legal terms? A lacuna refers to a gap in the law where there are no specific guidelines to address certain scenarios. Such gaps can occur when constitutions or legal frameworks do not account for all possibilities leading to vulnerabilities that can be exploited. When leaders manipulate these gaps to bypass democratic norms it endangers the checks and balances essential for a functioning democracy,” he explained in a statement.

“President Hichilema’s reading of Article 52 (6) has been at the centre of this debate. The article, which governs certain electoral procedures, has led to concerns that it could be used to delay elections and maintain power without the proper democratic mandate. The article states: ‘Where a candidate dies, resigns, or becomes disqualified after the close of nominations and before the election date, the election shall be cancelled, and a new election shall be held within thirty days after the filing of fresh nominations’.”

While this provision is meant to address specific electoral disruptions, Mooya and other critics argue that isolating the article from other constitutional articles could result in indefinite delays of elections, effectively undermining democracy.

“Article 52.6 could indeed create conditions where the government could hold onto power without fresh elections. However, the Zambian Constitution has safeguards designed to prevent power from being concentrated solely in the executive branch. Article 63 requires the National Assembly to

approve the national budget, oversee the actions of the executive branch, and

ensure government accountability. A functioning cabinet is also required under Article 116, which mandates that the President must appoint a cabinet to assist in governance. Without such a structure, a government cannot pass budgets or implement policies, raising serious concerns about the effectiveness of governance under such circumstances,” Mooya noted. “Additionally, Article 91 establishes Zambia as a multiparty democracy, ensuring the separation of powers and adherence to the rule of law. These safeguards are designed to prevent any branch of government from wielding unchecked power, including the presidency. The role of the Constitutional Court, the Constitutional Court of Zambia has a crucial role in interpreting the Constitution and resolving disputes. Under Article 128, the Court is responsible for determining the correct application of constitutional provisions, including Article 52.6. Should the President’s interpretation be contested, it is up to the Court to provide a ruling that ensures the integrity of Zambia’s democracy.”

Mooya accused President Hichilema of betraying the hope of Zambians.

“He who once represented hope for many Zambians, standing for transparency, democracy and good governance. However, the recent controversies surrounding the constitutional lacuna and the government’s handling of issues such as the energy crisis and mass recruitment of civil servants have left many feeling disillusioned,” he said. Mooya said in “this time of crisis”, the President appears more focused on exploiting potential gaps in the Constitution rather than addressing the urgent needs of the people.

“The energy crisis continues to worsen yet the government’s recruitment efforts seem to take precedence. While recruiting civil servants is important, it should not come at the expense of addressing pressing issues that directly affect the daily lives of Zambians. The clock is ticking for the UPND as the United Party for National Development (UPND) grapples with these challenges. Time is running out. Plans to delay 2026 elections or using legal technicalities to maintain power could backfire politically leading to widespread public discontent. Ultimately, actions perceived as anti-democratic could damage the party’s credibility and standing with voters,” Mooya warned. “Though Zambia’s Constitution is comprehensive, it is not immune to gaps or lacunas. However, the Constitution was designed to ensure checks and balances, preventing any one branch of government including the presidency from monopolising power. The Constitutional Court must now step in to clarify any ambiguities and ensure that the President’s actions align with the democratic principles enshrined in the Constitution.”

He said Zambians deserve leadership that prioritises their well-being and upholds democratic values, rather than one that seeks to exploit legal loopholes.

“The trust placed in President Hichilema during his election was hard-earned, and it must not be squandered. The future of Zambia’s democracy depends on it,” said Mooya.

M’membe; Chinese showed you HH is no puppet like ‘your’ Sata – Part 1

By Austin Mbozi

I invite Socialist Party President comrade Fred M’membe to debate with me over this topic with as much zeal/humoUr as he debated with Laura Miti. Since ‘King Fred’ M’membe responded that Laura’s attacks were too general and ‘scaremonger’, I hereby engage him with more specific data and ‘welcoming’ to him.

The best way to tame M’membe is not to social-media-insult him, ban his rallies or arrest him for ‘offences’ which we as UPND can embarrassingly fail to court-court. This only helps him win the support of anti-UPND social media and of PF thief-thug, as well as financial support of international anti-Western global community.

I am personally opposed to the undemocratic elements among these anti-Westerners. But I oppose using force against their views, unless they use military force against democratic peoples. The best approach is to invite M’membe to open media debates and allow his small rallies, only to counter them with massive rallies like those President HH did in Maamba and Copperbelt. After all, M’membe cannot beat UPND in 2026, and he is neither violent nor insults HH. Yes, he can be irritating with his international media rhetoric that President HH is a puppet. But he has the right to such speech. UPND supporters must read a lot as he does and out-debate him.

Here are signs that HH is not a Western puppet like M’membe’s enemy-turned friend Sata. First, the fact that the Chinese including President Xi Jinping signed serious business agreements means that they were disappointed that very little implementation was done after they invited Sata in April 2013. HH’s agreements include production in Zambia some 720 Mega Watts by China’s Longi Green Energy Technology company and bringing an additional four pumps to the Luanshya mine de-watering project.

HH is not Western puppet. How dare he is also allowing the Chinese to invest $1 billion into the Chinese-built 1,860 km TAZARA railway which US President Biden openly fears! Since the US can’t dare HH, its only option is by 2028 to counter-invest $1 billion into the Portuguese-built Lobito-Kolwezi railway to enable Western imports of minerals from Congo DR, Zambia and Angola. I admit that such agreements do occur daily among governments with no tangible results; like teenagers promising ‘love’ to various boys and girls in night clubs daily. What is reassuring is that this time around, President HH ordered commerce minister Chipoka Mulenga that these agreements must produce tangible results on the ground.

Now contrast HH with Sata who was real Taiwanese/American puppet. It was this same M’membe through his Post newspaper who told us that the then opposition leader Sata was a puppet ‘hired gun ‘ when Sata wrote-asked Taiwan to give him $50,000 to travel to America on a China-discrediting mission (The Post, 25 October 2007). Taiwan is a Chinese Island which practices Western liberal democracy and receives American military aid just because a Chinese puppet Chiang Kai-Shek fled there when the current ruling Chinese Communist Party (CCP) overthrew him in 1949. After a civil war resulted in no-victory for either side, the CCP currently recognises the Taiwanese government, but opposes its secession from China. Indeed, Sata showed signs of a real puppet. He did not understand any complex international political, philosophical and economic forces that divided Western and anti-Western camps. So he ended up de-campaigning anything petty against China; their ‘low quality’ goods, ‘low quality’ workforce and lying that a Chinese porter stole his passport. The CCP bosses watched him with contempt. To them he was just a hungry puppy barking at the elephant whom it cannot bite.

To fight President Rupiah Banda, M’membe switched to supporting the same ‘hired gun’ Sata. The moment Sata won, Beijing-based Chinese bosses sent their ambassador Zhou Yuxiao to eat ‘luncheon’ with him at State House with Chinese people in Zambia. Our elders say that a dignified man must organise food to the home of a poor opportunistic ‘muselela kwakaba’. This Chinese ‘luncheon’ was enough to persuade ‘muselela kwakaba’ Sata into converting to a Chinese puppet. Sata praised the Chinese as his ‘hardworking friends’ whom President Rupiah Banda failed to properly utilise… bla , bla , bla’…

The Chinese learnt puppet-fixing from how they fixed their own Western puppet, Chiang Kai-Shek. By 1700 AD, China grew towards superpower status under the Qing dynasty. But Chinese citizens, demanding poverty-reducing rulers, organised the Boxer Revolution in 1900. The dynasty tolerated foreign protection, but the Chinese overthrew it in 1911, and Chiang Kai-Shek’s KMT (Kuomintang) party took over. Modern China’s main builder Mao Zedong fought the KMT for ‘poor leadership’. In the resulting civil war, Japan invaded China in 1936. KMT relied on American protection, corrupt-wasting some $750 million as puppet of US President Truman. Still, Mao overthrew the puppet in 1949 after his 8,000 mile ‘Long March’ into the battlefield. This success with fighting puppets, explains why the West failed to fight communism from China despite their success in the Soviet Union/Russia. Today, China is the only country in the world that got some 365.1 million people out of poverty between 1987 and 2005 ( See philosopher Thomas Pogge’s book, ‘Politics As Usual: Behind the Pro-poor Rhetoric’, 2010, page 100). So when Chinese see a guy like HH, they know that he is not a cheap-minded character like M’membe’s Sata. Hence their host/respecting him… continued next Monday.

The author specialises in global economic ethics at the University of Zambia. Phone 0978-741920. Email:austin.mbozi@gmail.com

IS JOHN SANGWA REALLY A TOP NOTCH LAWYER? READ WHAT HE SAID IN JUNE 2021 BELOW…

ConCourt has never prounounced itself on Lungu’s eligibility – Sangwa

CONSTITUTIONAL lawyer John Sangwa has argued that the Constitutional Court has never pronounced itself on whether President Edgar Lungu is eligible to contest elections for the third time and nowhere is it written in its judgments in the Dan Pule and Bampi Kapalasa cases.

He said if the court secures President Lungu’s third term bid based on the argument that a period less than three years does not constitute a term, the court would create irrational laws as there would be Presidents in perpetuity (wamuyayaya).

Sangwa said Presidents would be resigning before they attain three years in office and still contest elections because the one-year period is not counted as a term.

This is in a matter where the Legal Resources Foundation limited, Historian and political commentator Sishuwa Sishuwa and Chapter One Foundation limited have petitioned President Lungu for abrogating the law by filing in his nomination papers as the PF presidential candidate in the August 12 general elections after being sworn into office as President twice.

The petitioners’ contention is that the Head of State has been sworn into office twice because he was not a vice-president of the country when he concluded late President Michael Sata’s term following the latter’s death as ruled by the Constitutional Court in the Dan Pule case.

When the matter came up for hearing before judges Hildah Chibomba, Ann Sitali, Mungeni Mulenga, Palan Mulonda, Margaret Munalula, Martin Musaluke, Mwila Chitabo, Matthew Chisunka, and Judy Mulongoti, Sangwa, who is representing the petitioners, argued that President Lungu had violated Article 106(3) of the Constitution which was serial in character and content.

Sangwa, who was given 10 minutes in which to argument his case, said President Lungu has already held office twice because he was not a Vice-President when he ascended to the presidency in 2015 when a vacancy occurred following the death of President Sata.

“President Lungu was elected by people twice; the first was in 2015 and the second in 2016. It is about the number of times you have been sworn into office despite the period served. He does not qualify to stand for election for the third time,” Sangwa said.

He submitted that it was never the intention of the draft committee of the constitution to allow anyone to go for a third term as the intention was to prevent anyone from doing so.

“By arguing that a period less that three years is not a term, we will create a situation where one will be a president in perpetuity because I can resign before I attain three years in office and contest elections, this is not Russia,” Sangwa said.

“It was never the intention for perpetuity, when you hold office twice that is it. President Lungu has violated Article 106(3), his nomination be declared a nullity because it violates the constitution.”

Presindent Lungu’s lawyer Bonaventure

Mutale said there were no new issues that had arisen warranting him to orally argument the case.

“The Dan Pule case has covered everything that counsel for the petitioners has submitted. We will not delve into the history of constitution drafting. The Dan Pule judgment will never be vacated as long as no application is made in that matter, it will stand the test of time,” said Mutale.

Sakwiba Sikota asked the court to condemn the petitioners to costs because the issue regarding President Lungu’s eligibility was dealt with twice and this was the third time it was being determined.

He said there was a serious conspiracy by the petitioners to disregard the integrity of the court.

Attorney General Likando Kalaluka said the argument by the petitioners that the Head of State was not a vice-president when he ascended to Presidency to conclude President Sata’s term, was academic and unfortunate.

He said the election of the President was changed after 2016 as the 50 plus one threshold was introduced unlike the simple majority and it was unfortunate to argue that there was an unfriendly judgment.

And Solicitor General Abraham Mwansa said it was inconceivable that the petitioners cannot comprehend what the court ruled in the Dan Pule and Kapalasa cases that the one-year period which President Lungu served in 2015 when he was first sworn into office did not constitute a term.

In reply, Sangwa said the change in the mode of voting was not mentioned by the court that President Lungu was staggering between two constitutions and Kalaluka cannot fill up the gaps for the court.

He submitted that the country never had two constitutional regimes.

Sangwa stated that there was a difference between the Dan Pule and Kapalasa cases as the petitioners in the two cases were seeking an interpretation while the Legal Resources Foundation limited, Sishuwa and Chapter One Foundation were alleging breach of the constitution.

“Mode of commencement is a factor. It will be incompetence on my part to bring the same case. Validity of nomination was not an issue in the Dan Pule and Kapalasa cases,” Sangwa said.

“How many people will be coming to court if the consequences are costs? Nobody will defend the constitution. It will be a bad idea to award costs. This is a new matter; the petitioners were not parties to the two cases. To award costs will be in violation of Article 52(4) of the constitution.”

He added that the petitioners had demonstrated that the petition had merit and the court should nullify President Lungu’s nomination because nowhere in the two cases – the Dan Pule and Kapalasa – did the court say President Lungu was eligible.

“It is now that the issues have become ripe for interpretation,” said Sangwa

Earlier, the court declined an application by former LAZ president Eddie Mwitwa to join three professors Chaloka Beyani, Cephas Lumina and Melvin Mbao to the matter as friends of court.

Justice Chibomba said the matter was urgent and the court would not allow anything to delay the matter.

Sangwa said the argument by Kalaluka that the matter was res judicata, the implication of the Dan Pule and Kapalasa cases was to curtail the issue of standing and the jurisdiction of the court.

“The right to come to court is conferred by the constitution and not common law, it can only be curtailed by the constitution. A party is at liberty to come to court and cannot be stopped by relying on the issue of res judicata,” Sangwa said.

“The preliminary  derogatory by describing to the court’s interpretation in the Dan Pule and Kapalasa case as bogus.

Judgment has since been ConCourt sets June 11 as judgment day in the Lungu eligibility case.

Credit: The Mast Editorial

12 universities and 12 colleges to benefit free books once government compensates me

By Dr Chris Zimba

…In 2023, the State consented to pay 10 million to a group of 10 UPND cadres who were accused of burning Lusaka City Market in 2017, with each getting K1 million for false imprisonment and malicious prosecution. In like manner, the State agreed to pay more than K32 million to 5 UPND cadres for malicious detention and prosecution in the HH’s treason of 2017; each getting K6.4 million. Such compensations for UPND cadres have become fashionable and common practice ever since with some cabinet ministers, senior ruling party officials all getting the baptism of free tax payer’s money. Recently, the state gave out K10 million to 17 UPND cadres for similar reasons. And more UPND cadres are waiting state compensations…

Our lawyers are still in court as the DPP and Attorney General’s offices are behaving either politically partisan, ethically compromised, professionally conflicted or under a strong Community House spell of phobia over our straightforward compensation. But I am not worried because that money is coming our way sooner or later. Look, I don’t see anybody on earth stopping it successfully because heaven already awarded it to us on the merit of malicious arrest, detention, prosecution and false imprisonment for months last year.

Therefore, when and not if I am compensated by the state (it’s a matter of time) following my malicious and political arrest, detention, prosecution and false imprisonment last year, l will prioritise to find the right printing firm in order to professionally publish all my 14 books. From 2011 to date, l have published 8 books while 6 are finished manuscripts all waiting huge resources to print in mass numbers and distribute widely.

Once I am compensated by the state and print my books when that time comes, l will donate 10 copies of each book to 12 universities as well as 12 colleges in Zambia. This means that each of the beneficiary institutions will receive not less than 140 books in my name. In total, my donations in form of books will benefit 24 higher learning institutions in this country totaling to a minimum of 3,360 Chris ZUMANI Zimba authored books. What will be the money value of these book donations?

If we take K500 as the average price for each of the 14 books, it means l will be donating K70,000 per institution. This will translate into more than K1,650,000 for 24 Zambian universities and colleges. This is the minimum of what l am intending to support in form of useful and critical political knowledge to Zambia in form of books once and when l am compensated.

When you receive huge sums of money at a go like the compensations the state is showering on their UPND cadres like manna, you must create a plan for generous giving and community charity support. Humanly speaking, it is important to find passion in your heart to help others in needy from a point of having so much. But our “well compensated and rich” UPND cadres are doing the opposite as they only vomit and show greediness, arrogance and selfishness so far!

The following are my 14 political and academic books waiting mass print and distribution once I am compensated by the government:

1. ‘‘Chimbokaila Freedom Manifesto: 12 Pillars and 144 Points of How to Create a Better, United, Inclusive, Equitable, Prosperous and Happier Zambia for Proud and Equal Citizens’’, 2024

2. “Blessings of Federal and Parliamentary Governments Versus Curses of Unitary and Presidential Systems: How Africa Can Reduce Political Tribalism, Regionalism, Nepotism, Civil Conflicts and Bloody Wars”, 2024

3. ‘‘Do Not Stone. Crucify or Kill Them: A Christian and Traditional Justice System in Modernizing Zambia for Adulterers, Prostitutes, Defilers, Rapists and Homosexuals’’, 2024

4. ‘‘Talking Sexual Attraction and Marriage: Why Monogamy and Polygamy are Morally Better and Universally Practiced Than Homosexuality’’, 2023

5. “Wars, Tears and Scares of American Plutocracy and Global Imperialism: Why Africa needs Longer Term Presidents, Monarch Democracies, Sub Regional Federalism and a Continental State”, 2023

6. “Opportunities and challenges of democratic practices at Kingdom level: The case of Nzamane, Mazimabi and Kapatamoyo Chiefdoms of Ngoni Land in Eastern Zambia”-A PhD Thesis, 2021

7. “Applied Public Policy and Good Governance at National, Regional and Global Level”, 2016

8. “The Fundamentals of Political Science and International Relations: A Student Hand Book”, 2016

9. “20 Reasons why a Parliamentary Democratic System is better for Africa than a Presidential System”, 2015

10. “A Christian Nation in a Brothel State for Drunkards, Superstitious and Corrupt Citizens”, 2014

11. “The World’s Competing Trinity Political and Electoral Systems: Totalitarian, Authoritarian and Democracy”, 2013

12. Multiple Democracies: The Impact of Religion on Global Democracy Promotion: The case of Zambia, Egypt and Taiwan”,-MA Thesis, 2012

13. “Redemocratisation of the Continent: Understanding 50 Golden Rules on how Africa’s democracy can be revived, made to work, consolidated and sustained in the 21st century and beyond”, 2011

14. “Democracy Under Attack: Understanding the History, Current Status, Key Challenges and Core Threats to the Consolidation, Work ability and Survival of Democracy in Africa” , 2011

In the book of Numbers 23:19-20, the Bible is very clear and assertive on God’s promise to us as follows: “God is not human, that he should lie, not a human being, that he should change his mind. Does he speak and then not act? Does he promise and not fulfill? I have received a command to bless; he has blessed, and I cannot change it”.

So, let Levy Ngoma or Christopher Mundia present this word from God before President HH’s table today!

The author is a political scientist, researcher, author and consultant specialised in Comparative Global Governance and Democratic Theories. He holds a PhD, MA, BA and Cert in Political Science. Dr Zimba was president Edgar Lungu’s political advisor from December 2019 to August 2021. By philosophical approach, he is a Pan Africanist as well as Afro-Christian by religion.

Email: chriszumaniZimba.cz@gmail.com