Bally doesn’t want me on 2026 ballot, Faza cries to JCC

THREE days after the suspension of “his” judges, former president Edgar Lungu has cried to the Judicial Complaints Commission accusing current serving Constitutional Court judges of working to serve the interests of President Hakainde Hichilema.

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Lungu is at the Constitutional Court where his petition regarding his eligibility to contest future presidential elections after having held office twice, is yet to be heard.

Prior to the hearing of the main matter this morning, Lungu made a stopover at the Judicial Complaints Commission to lodge a complaint against Constitutional Court President Margaret Munalula her vice Arnold Shilimi and Mapani Kawimbe. 

Lungu has cried foul saying his successor does not want to see him on the ballot in the 2026 general elections.

He said judge Munalula was  among the judges complained against in 2016 together with three Judges Ann Sitali, Mungeni Mulenga and Palan Mulonda who were suspended by President Hakainde Hichilema and are now appearing before the disciplinary committee.

Lungu said the Court President has not been called before the JCC or suspended together with the judges whom he appointed that have been suspended.

“This creates a perception that she is there to serve the interest of President Hakainde Hichilema, more so that she rendered a decision favourable to the said President Hakainde Hichilema,” Lungu claimed.

Lungu said the worse part is that President Hichilema has made it clear that he does not want his name on the ballot paper in the 2026 General Elections.

He said Judge Arnold Shilimi is a close associate to President Hichilema and has not declared interest in the matter.

Lungu claims that the judge was secretary or director in companies that the current President had and has an interest in.

“The conclusion that can be drawn here is that he is there to serve the interest of the said President Hakainde Hichilema and this is because President Hakainde Hichilema has sworn that he will not allow me to be on the ballot paper in 2026,” Lungu says.

He also alleged that Judge Kawimbe is a close family relation to President Hakainde Hichilema and her husband Victor Mapani is the managing director at ZESCO, and she has not declared interest and continues to sit on a case were President Hakainde Hichilema has declared that he will not allow him to be on the ballot in 2026.

“The need to remain in power by President Hakainde Hichilema benefits his relations. Therefore, she has or can be perceived to have an interest to serve and should not therefore be sitting on the case,”Lungu said.

“The actions of the above judge amount to gross misconduct on their part and Article 143 (b) of the Constitution as amended under Act No, 2 of 2016. Further section 6(2)(a) of the Judicial Code of Conduct Act No 13 of 1999 does not permit any judicial officer to sit or participate in discussion or deciding a matter in which they have a personal or indirect interest.”

Lungu says the three Judges’ bias or perception and failure to declare interest amounts to gross misconduct.

He says their actions are in breach of the code of conduct and amount to gross misconduct which the law does not permit.

“The commission must therefore inquire into this matter without delay and make a determination in this matter,”said Lungu.

When the case was called this morning before seven judges among them; Justice Munalula, Shilimi, Martin Musaluke, Judy Mulongoti, Mudford Mwandenga, Mapani Kawimbe and Kenneth Mulife Lungu’s lawyer Makebi Zulu requested to have an audience with the bench and the parties in chambers.

“Our application is that see the court in chambers as counsel so we could bring to notice some issues that concern our client that could have a bearing on whether we could proceed this morning or not. we pray that the matter be stood down so that we can see the court in chambers,” said Zulu.

The matter has since been stood down.

In this case Michelo Chizombe is questioning Lungu’s Eligibility to contest the previous election and future presidential elections after having held office twice.

The youth activist has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter arguing that; Lungu contravened the constitution when he participated in the August 12, 2021 general elections.

He stated that the electoral body contravened the constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate…https://kalemba.news/court/2024/09/26/bally-doesnt-want-me-on-2026-ballot-faza-cries-to-jcc/

By Mwaka Ndawa

Kalemba September 26, 2024.

Nullifying Edgar Lungu’s nomination will affect the 2021 election – Sangwa

OUTSPOKEN lawyer John Sangwa has come to former president Edgar Lungu’s defence arguing that by nullifying his nomination in the 2021 vote, the Constitutional Court would have also nullified the entire election that ushered in the UPND.

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Despite having vehemently argued in the past that Lungu was not eligible to contest the 2021 presidential election after he was sworn into office twice, Sangwa has changed his position arguing that nullifying the former president’s nomination will also affect other candidates who participated in the election, including President Hakainde Hichilema who emerged triumphant.

“Such a decision cannot be made without hearing the rest of the presidential candidates who took part in the 2021 election who are not parties to these proceedings,” Sangwa said.

He argued that there is no provision in the Constitution that clothes authority on the ConCourt to interrogate the eligibility of a losing presidential candidate to take part in the election post the election, which he has lost.

Sangwa, who was joined to Lungu’s eligibility case as a friend of the Court, said even if the Court decides that it has authority to entertain Michelo Chizombe’s petition, that authority is circumscribed in Article 118 of the Constitution.

“The import of this provision is firstly that the exercise of the power must result in accountability and not anarchy. Therefore, where the converse will be the outcome, the Court must decline to exercise its authority. In effect, the authority must be exercised to achieve the prescribed goals,” he said.

Sangwa submitted that the Court is not free to do whatever it pleases, as it must protect and promote national values and principles, in the exercise of its adjudicative authority as set out in Article 8 of the Constitution.

He said the Court cannot hear and entertain Chizombe’s petition without revisiting its decisions in this last three cases.

“A decision in favour of the petitioner will mean the reversal of the Court’s previous decisions on Lungu’s suitability to stand in the election of 2021. This Court cannot entertain this petition in that it does not have the authority to do so,”Sangwa said.

“The jurisdiction of this Court stems from the Constitution. Therefore, the Petitioner ought to specify the provision of the Constitution, which gives this Court authority to do what it is being asked to do.”

He noted that Chizombe’s case appears to be that although Lungu lost the election, he was not qualified as a presidential candidate.

However, Sangwa argues that the question that needs an answer is whether the Court has authority under the Constitution to interrogate the eligibility of a losing presidential candidate to take part in the election, post- election.

“Such authority must be traceable to the Constitution. The Constitution has not conferred such authority on this Court. What exists
is authority to establish one’s eligibility to take part in the election: before the election is held,” he said

“This petition undermines the democracy and constitutionalism as well as good governance. At the heart of the constitutionalism is the need for public institutions and other persons subject to the Constitution, to accept the limitations imposed by the Constitution. This petition seeks to undermine objective.”

Sangwa said a declaration that Lungu was not eligible to contest the previous election has profound implications for the governance of the country, which must not be ignored.

“Its impact will not be limited to Lungu alone. This Court will be expected to go further and address the constitutionality or legality on the 2021 presidential election that included an unqualified candidate,”he said.

“The intention of Article 52 of the Constitution is to ensure that only qualified persons take part in the presidential election. It follows that if an unqualified person took part in an election, that election is tainted and must be nullified. It does not qualify as a presidential election envisaged by the Constitution. A valid presidential election is one that involves qualified presidential candidates.”

He said granting the reliefs by Chizombe will not only affect Lungu but all those who participated in the 2021 presidential race.

“Similarly, nothing stops the party that sponsored the First Respondent from contending that if indeed Lungu did not qualify, it would have sponsored another candidate who would have helped the party retain both the National Assembly and presidency. It is also not inconceivable for one to contend that if Lungu did not take part in the 2021 presidential election, there would have been a second ballot,” he said

Sangwa added that the ConCourt cannot entertain the petition and grant the relief sought without affording the presidential candidates the opportunity to be joined and heard in support of the petition or against.

In this case, Chizombe is questioning Lungu’s eligibility to contest the previous election and future presidential elections after having held office twice.

The youth activist has cited Lungu, the Electoral Commission of Zambia (ECZ) and the Attorney General as respondents in the matter arguing that Lungu contravened the constitution when he participated in the August 12, 2021 general elections.

He stated that the electoral body contravened the Constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate.

The matter has been scheduled for today for the main hearing.

By Mwaka Ndawa

Kalemba September 26, 2024.

Suspension of 3 Concourt judges boils Lungu’s blood

EDGAR Lungu’s blood is boiling over the decision of his successor, President Hakainde Hichilema to suspend three Constitutional Court Judges.

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Using his executive powers drawn from Article 144 (g) of the Constitution of the Republic of Zambia, President Hichilema suspended Justices Anne Siali, Mungeni Mulenga and Palan Mulonda.

According to State House statement, suspension came after recommendation from the Judicial Complaints Commission that suggested the trio be subjected to an investigation.

But the suspension has not sat well with former Head of   State, Lungu who convened a press press briefing and mini rally at the PF headquarters in Lusaka to lament the development.

He threw political jabs and warned that Zambia is veering toward ‘dictatorship’.

“Changing judges like football players is not good at all. Somebody is about to deliver justice and you remove him and bring in another, it is not good,” Lungu said.

Lungu decried what he sees as an erosion of democratic institutions, claiming that the current government seeks to control all branches of power.

“We are at a crossroads as a nation,” he said. “One man wants to control the judiciary, the legislature, and the executive. We cannot allow this, it is a danger to democracy.”

Lungu expressed concern over the implications of the judiciary’s suspension on the rule of law, urging Zambians and the Law Association of Zambia (LAZ) to stand up against what he termed a “departure from democratic norms.”

He emphasised that the judiciary’s independence is essential to Zambia’s democratic integrity.

“If we lose the judiciary, we lose the nation, democracy, and everything we hold dear,” Lungu stated, adding that the move signals the rise of a one-man dictatorship under President Hichilema.

Lungu, who has faced legal battles over his eligibility to contest the 2026 presidential elections, affirmed his confidence in the judiciary despite the current upheaval.

“We have been to court four times, this is the fifth time…we expect the same justice as before. I believe I will be on the ballot in 2026,” he said.

Addressing his supporters after the briefing with the media, the infuriated Lungu urged them not to succumb to fear, particularly in light of the increased police presence surrounding his meeting.

He warned that the government’s actions are not just targeted at him but at the Zambian people’s democratic rights.

“If anyone should be fearful, it’s him (President Hichilema). We are many, and we are right…We cannot allow one man to use our resources to suppress us,” Lungu declared.

He further called on the church and civil society to counsel the President on the importance of separation of powers, suggesting that Hichilema’s actions would have devastating consequences for the entire nation…https://kalemba.news/local/2024/09/25/suspension-of-3-concourt-judges-boils-lungus-blood/

By Moses Makwaya

Kalemba September 25, 2024

ZRA EMPLOYEE DEMANDS K20 MILLION FROM EMMANUEL MWAMBA, DAILY NATION FOR FALSE PUBLICATION

A ZRA employee, Mulopa Kaunda has gone for former Zambia’s ambassador to Ethiopia Emmanuel Mwamba and the Daily Nation, demanding that the duo fork out K20 million each for misleading the public that he purchased a Toyota Hilux from his employer and gifted it to Lusaka Archdiocese Bishop Grace Alick Banda.

Kaunda has given Mwamba and the media house three days in which to retract the malicious falsehoods and render a public apology failure to which he will institute legal proceedings against them.

In separate letters of demand with similar wording, served on the two parties by Mulopa’s lawyers of Messers Malisa and Partners Legal Practitioners dated September 23, 2024, the ZRA employee said, the false articles published by Mwamba and Daily Nation are capable of damaging his relationship with his employer.

In attempts to discredit evidence before the Economic and Financial Crimes Court that his Grace Archbishop Banda was a beneficiary of a vehicle that was illegally disposed of, Mwamba on September 13, 2024 published an article on his Facebook page ‘Emmanuel Mwamba’ titled “Toyota Hilux was sold to a staff member, ZRA records show.”

Mwamba in attempts to clear the clerics name, conducted separate proceedings alongside the court case before the EFCC where former top ZRA officials Kingsley Chanda and Calistus Kaoma are being prosecuted for failing to follow procedure in the manner they disposed of 22 vehicles belonging to the Revenue Authority.

He alleged that Kaunda bought the Hilux and gifted it to the priest.

“The Zambia Revenue Authority (ZRA) sold the vehicle, Toyota Hilux, blue in colour, on staff auction to a staff member Mulopa Kaunda.
ZRA records of sale and gate pass show that the vehicle was sold for K50,000 cash on 17th November 2020 and collected on 20th November 2020 by Mr. Mulopa Kaunda…”

And Daily Nation editor Banabas Zulu is also alleged to have authored an article purporting that Kaunda purchased the vehicle on the front page of Vol.10 Issue No. 4,144 dated the September 14, 2024 titled “ZRA EMPLOYEE BOUGHT VEHICLE BEING USED TO MALIGN ARCHBISHOP BANDA”

The said article reads; “.documents reveal that a Mr. Mulopa Kaunda a ZRA employe bought
Toyota Hilux registration number ALF 7734, Blue in colour. The Toyota Hilux vehicle being used to demonise, scandalise and nihilistically malign His Grace, Archbishop Dr Alick Banda was in fact bought by a Zambia Revenue Authority (ZRA ) employe who later gifted it to the Archbishop of Lusaka, documents bave revealed.

According to documents from ZRA, which include a receipt and gate pass, the vehicle in question, a Toyota Hilux registration number ALF 734, blue in colour, was gifted to Archbishop Dr Banda Who was in Europe…”

Zulu, alleged that Kaunda purchased and collected the motor vehicle on the 17th and 20th of November 2020 from ZRA at K50,000.00.

“Our Client contends that further to the above, you authored and published the said
article following a wide media circulation of allegations that the subject motor vehicle was suspiciously given to his holiness Archbishop Alick Banda and was ultimately seized by Drug Enforcement Commission,”the demand letters read.

Kaunda contended that he has served in the institution for a good number of years with an impeccable record of good character, and has upheld high levels of professionalism and integrity in line with the ethical standards ZRA expects and maintains among all its employees.

According to Kaunda; he did not purchase the vehicle in question, neither did he gift it to Archbishop Alick Banda nor was he involved in the said deal.

Kaunda said he was not contacted by the duo to get his side of the story but, they proceeded to publish falsehoods without taking into consideration his reputation, which he deems to be malicious and libelous, intended to ruin his relationship with his employer.

He said the words imply that he dubiously acquired the motor vehicle in question and gifted it to the Archbishop, which falls below the standard of conduct and ethics expected of him.

Kaunda said the malicious falsehoods tends to lower him in the estimation of right thinking members of society and his employer, thereby bringing his name into ridicule.

“In this regard, our Client instructs us, which we hereby do, to demand the folowing: That you retract the said article and render an unequivocal public apology within 48 hours of receipt of this letter; and Payment of ZMW 20,000,000 being damages for libellous and malicious publication,” read the letters of demand.

“Our Client remains desirous to settle this matter amicably, however, should we not hear from you within 3 days of your receipt of this letter, we have instructions to seek legal redress for libel, without further recourse to yourselves by whom the attendant costs shall be borne.”

Kalemba

Former ZRA boss allocated a ZRA Hilux to his farm – arresting officer

AN arresting officer has told the Economic and Financial Crimes Court that former Zambia Revenue Authority commissioner general, Kingsley Chanda assigned a Toyota Hilux to his Vegeland Farms.

Superintendent Donald Mulimba who is based at Police Force Headquarters said about seven vehicles belonging to the Revenue Authority branded ECL 2021, were also recovered from Patriotic Front cadres.

Testifying before principal resident magistrate Sylvia Munyinya, the witness said the police received a report that vehicles belonging to the Zambia Revenue Authority were not in disposed off in accordance with the ZRA asset disposal policy.

He said between 2017 and 2020, the assets disposal committee decided to do an internal tender to dispose off the vehicles.

“The motor vehicles were only supposed to be sold to the staff at Zambia Revenue Authority and; also that those vehicles were going to be offered after bidding to the highest bidders and the payments for the motor vehicles was supposed to be through the ZRA bank accounts,  and that the payments were supposed to be paid within five working days,” Mulimba said.

“The motor vehicles were supposed to be collected at the ZRA yard by the highest bidders after being given a gate pass. It was supposed to be one gate pass for one motor vehicle.”

The officer said that he learnt that there were seven motor vehicles that were recovered from cadres and the former ZRA boss.

“I learnt that two are Mitsubishi Pajero motor vehicles, branded in PF party stickers, which were recovered by police officers from Lusaka Central Division, headquarters from a Mr Edwin Mulenga Pole, a PF cadre of Makeni area in Lusaka,” Mulimba said.

“The other two are Mitsubishi Pajero motor vehicles, they were recovered by our officers in Chipata from a Mr Andrew Musha, the then provincial Patriotic Front chairperson. Then one Toyota Hilux, ALC 9123 was recovered from a company by then called Starshell Zambia Limited. This was during a search at that company by a joint investigations team.”

He told the Court that a white Toyota Hilux, registration number ABM 9166 was seized from a Mr Joseph Monde, a manager at Vegeland Farms Limited and the other was a Toyota Hilux registration number ALF 4655, which was seized from a charity organization, the Heart of Mercy, based in Lusaka.

“It was seized from a director of Heart of Mercy who I recall only as Madam Phiri and the seizure was done by the Drug Enforcement Commission,”Mulimba said.

“Concerning the Toyota Hilux with registration number ABM 9166, it was registered in the names Vegeland Farms Limited. I extended my investigations to Patents and Companies Registration Agency (PACRA) with a view to know the directors of that farm.”

He said a printout regarding ownership of the farm indicated that there were three registered directors who managed it among them a Mr Nkoma with no shares, Mr Kingsley Chanda with 11,000 shares and a miss Kaonga with 9,000 shares. 

“We were investigating 22 vehicles and I learnt that most of the vehicles were taken away by non- ZRA employees. I noticed six vehicles had moved out with one gate pass. They were going with a man called Alien Simpokolwe,” Mulimba said.

“I also established that the people who purchased the vehicles did not own vehicles even after paying for them. The motor vehicles found themselves in the hands of non ZRA staff. I also learnt that other vehicles about six on them, one of them is the ALC 9123 were disposed off without the approval of the ZRA Board.”

Mulimba said he summoned Chanda and  Calistas Kaoma for questioning but they opted not to show up and they only brought themselves to the polce upon hearing that the officers were going to search their homes.

“Under warn and caution statement, each one of them gave a free and voluntary answer denying all the charges. I then jointly charged and arrested them with two counts of wilful failure to comply with laid out procedure and abuse of authority of office thereafter, they were released on police bond, awaiting court appearance.”

Chanda and Kaoma are charged with 22 counts of willful failure to comply with the law in the manner they disposed of 22 vehicles belonging to the Revenue Authority.

Trial continues on October 10, 2024.

By Mwaka Ndawa

Kalemba September 26, 2024.

PRESS STATEMENT BY THE CHIEF GOVERNMENT SPOKESPERSON ON THE DECISIONS MADE BY CABINET AT THE 17TH (SPECIAL) CABINET MEETING HELD ON 19TH AND 20TH SEPTEMBER, 2024.

The President of the Republic of Zambia, Mr. Hakainde Hichilema, called for the 17th (Special) Cabinet Meeting in the Year 2024, on 19th and 20th September, 2024, at State House, where the Draft 2025 Budget was deliberated on including other policy issues.
Cabinet made the following decisions:

1.  The 2025 National Budget
Cabinet approved the Estimates of Revenue and Expenditure (The National Budget) for the Year 2025.
The 2025 Estimates of Revenue and Expenditure have been prepared in accordance with the medium-term strategic focus as espoused in the Green Paper on the 2025 – 2027 Medium Term Budget Plan which was approved by Cabinet at its 13th Meeting held on 12th July, 2024, and has also taken into account the inputs from stakeholders in various sections of society.
Cabinet emphasised that in the context of the drought, alongside resumption of external debt payments, it is necessary to undertake the revenue and expenditure measures contained in the 2025 Budget with the overall aim of growing the economy.
The Minister of Finance and National Planning is expected to present the 2025 National Budget in the National Assembly on Friday, 27th September, 2024, in line with Article 202 (1) of the Constitution of Zambia.

2. The Customs Duty and Excise (Suspension) (Duty) (Copper Cathodes) Regulations, 2024.
Cabinet also approved the suspension of Customs Duty and Surtax on the importation of copper cathodes in accordance with Section 89 of the Customs and Excise Act, in order to make copper cathodes sell to local copper processors at a price lower than the London Metal Exchange (LME) price.
Currently, local copper processors pay the same LME price for copper cathodes as international buyers.  This price includes extra charges such as inland transportation and security, which are unnecessary for local sales.

3. The Anti-Corruption (Amendment) Bill, 2024.
In winding up debate for the day, Cabinet approved in principle to the introduction of a Bill in Parliament to amend the Anti-Corruption Act No. 3 of 2012, so as to align it with the objective of the National Policy on Anti-Corruption and the Constitution and strengthen the legal framework for countering corruption and, further, enhance corporate governance of the Anti-Corruption Commission.

The current Anti-Corruption Act is inadequate in many areas, to effectively prevent, prosecute and punish corruption.  Cabinet has, therefore, decided to amend the current Act in order to address weaknesses by strengthening penalties, prevention, investigations and enforcement mechanisms against corruption and related crimes.

The amendment will also contribute to an effective public finance management system critical to the national economic transformation agenda by promoting transparency and accountability in public and private bodies.

Hon. Cornelius Mweetwa, MP
MINISTER OF INFORMATION AND MEDIA AND CHIEF
GOVERNMENT SPOKESPERSON
25th September, 2024

Removal Of Judges
By Dickson Jere

Prior to 2016, we used to have a watertight procedure on removing serving Judges. It involved a Special Tribunal being constituted by the President and comprising eminent Judges to investigate the allegations against the erring Judicial officer. It used to be a full throttle hearing before a Final Report (detailed) is handled over to the President for action.

In the past, some of the Tribunals were headed by former Chief Justice or Justices from outside Zambia. This was to ensure transparency and impartiality. That system was a good one and guaranteed the security of tenure of Judges.

Come 2016, the Government proposed Constitutional amendments. Among those that were proposed was the removal of the above mentioned procedures. The amendment took this power away from the Tribunal and reposed it in the Judicial Complaints Authority (JCA) – which had no such powers in the past. Why this amendment was made still shocks me!

You see, the JCA as it is composed is full of lawyers from the private practice. These are the same lawyers who still appear or their firms appear before the same Judges whom they discipline. It creates some clumsiness! The old system had retired Judges coming to hear the allegations against serving Judges, which provided some safety net. But then, those who pushed for this amendment in 2016, may have had good reasons!

Anyway, the Americans say; “If it ain’t broke, don’t fix”. But we did fix something that was working perfectly well…

Since Government has announced its intention to revisit the Constitution by way of amendments, I will personally and strongly submit on this point. We must go back to the old system of Special Tribunals being constituted to remove Judges. Of the three organs of the State, only the Judiciary is not elected and therefore needs to be insulated from politics. That is why I hate it when we crowd our Courts with political cases, which are mainly players wanting to sort out each other using the judiciary…a stable judiciary is good for the stability of the country!

The last Tribunal for the removal of Judges was appointed by President Michael Sata when he suspended three Judges pending the hearing of the Tribunal. The same was to be chaired by Judge Lovemore Chikopa of the Republic of Malawi.

All Malanji did as Lungu’s special envoy in Turkey was  to sit at a hotel and wait for money – Mukelabai

ALL that Joe Malanji did after arriving on a presidential jet in Turkey as former president Edgar Lungu’s special envoy, was to sit at a hotel and wait for money.

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Senior assistant commissioner under the anti-money laundering unit at the Drug Enforcement Commission (DEC), Kwaleyela Mukelabai said there was nothing special about the Turkey trip, as Malanji only went to sit at Sheraton Hotel in Turkey as he awaited for the money released by the Miinistry of Finance to purchase property for the Zambian Mission.

“The letters written by Dr Simon Miti show that he was authorised to go to Turkey as a special envoy, but in my investigations I established that there was nothing special,” Mukelabai said.

Malanji’s lawyer Nkhula Botha objected to the line of submission saying no witness from State House has testified that his client was not authorised to travel to Turkey as a special envoy.

“This is what we consider as evidence that is highly speculative. We pray that the evidence be expunged from record as it is speculative,”Botha said.

Fredson Yamba’s lawyer, Luckson Mwamba submitted that Mukelabai is not privy to the discussion between Malanji and Dr Simon Miti who wrote the letter as well as Malanji and the people he went to meet on Turkey.

But, State advocate Mukuma Chipawa argued that the objection by the defense was premature, as Mukelabai was giving revelations of what he established during his investigations.

Principal resident magistrate Irene Wishimanga directed that, Mukelabai be accorded an opportunity to explain what he meant when he said that there was nothing special about Malanji being sent to Turkey as a special envoy of the president then, Edgar Lungu.

“If it (evidence) remains speculative it will be expunged from the record,”Magistrate Wishimanga directed.

As he continued with his testimony, Mukelabai said he interviewed Betty Namukoko and Peter Kabuma from Turkey regarding the former minister of foreign affairs’ Turkish trip, and he was informed that Malanji arrived in Turkey on December 29,2020, in the wee hours and he was scheduled to return to Zambia at 14:00hours on the same day.

“The evidence given to me such as chetin, Mr Sankenga revealed that Mr Malanji was at Sheraton Hotel and Peter Kavuma was at the Hotel and he said there were no meetings,” Mukelabai said.

He told the court that Malanji sat idly at Sheraton Hotel, to fritter away time as he waited for Kennedy Sankenga to bring him the money which the ministry of finance had deposited in the Zambian mission’s account at the Iş Bank for the purchase of a chancery and staff houses.

“The minister (Malanji) was just at the hotel with the late ambassador and that they were just waiting for Sankenga to return from the Bank. The only time the flight was made possible is after Mr Sankenga returned from the Bank,” he said.

“There was nothing special as an envoy apart from the evidence given to me that he went and sat at the hotel to wait for Sankenga to come from the Bank.”

The court later moved to Silverest Gardens in Chongwe district, to view the three houses which Malanji bought in cash upon returning from Turkey after he allegedly diverted the US$5 million which was released for the purchase of property in December 2020.

The three houses number 033 on Kasama street, 269 and 270 on Chipata street were purchased at K850,000 each and Malanji paid US$50, 000 to the owners upon returning from Turkey to clear the balance.

Houses number 269 and 270 are on the same street and in the same line with the four other properties that Malanji owns in Silverest gardens.

Mukelabai made an application that the properties form part of his evidence.

The court also viewed the two helicopters at the Zambia Airforce airport, a Bell 430 bought at $1.4 million from National Aviation Corporation (NAC) in January 2021 and a Jet ranger Bell 206 bought at $700, 000 from MML Aviation.

“I managed to retrieve them and kept them for safe keeping at ZAF,”he said

Botha raised another objection about custody saying Mukelabai did not indicate that the properties were in his possession.

“There are proceedings in the South Affeica. There’s an order by the South African High court where the court granted and order for the non movement of these things and as far as we are concerned that order is still subsisting where the Soth African Court still has jurisdiction of the helicopters,” he said.

“We would love to furnish the cause number and the said order that was granted in the South African Court so that the court can have a chance to read the content. We will give the court by 10:00 if not before close of business.”

Mwamba said a curator bonis was appointed by a competent court of South Africa to possess the properties and the said order has not been vacated.

“The witness on the stand does not have the custody of the helicopter and cannot produce it unless he can produce evidence that the curator has handed over possession,”said Mwamba.

Chipawa expressed disappointment that an
objection was raised on documents that have not been produced before court.

“The witness explained clearly that he had possession of the properties which he brought here for safe keeping and intends to produce before you,” Chipawa said.

“He mentioned that with the authority of the curator bonis he brought the properties here. The case before the South African Court is a civil matter and no law has been given that the court cannot receive the properties as evidence.”

He added that Mukelabai is competent to produce the helicopters to form part of his evidence as they are in his possession.

In his reply Botha said Mukelabai had not told the court that he is in possession of the two helicopters after identification as necessary foundation is missing.

In this case Yamba and his co-accused Malanji, are accused of failing to adhere to guidelines relating to the management of public resources and possessing property suspected to be proceeds of crime.

Yamba is alleged to have abrogated the law relating to the management of public property when he approved the transfer of K154, 201, 197 for the purchase of a chancery in Turkey.

Malanji is accused of possessing two helicopters, BELL430 and a BELL 206 Jet Ranger helicopter, and houses suspected to be proceeds of crime.

By Mwaka Ndawa

Kalemba September 25, 2024.

Sangwa joins Lungu’s eligibility case as a friend of the court

Vocal lawyer John Sangwa has joined the Edgar Lungu eligibility case, raising curiosity as what his new arguments would be, having once argued that the former president already held office twice.

https://www.facebook.com/share/p/Q13wCG99SM4swEK3/?mibextid=oFDknk

Constitutional Court judges Arnold Shilimi, Martin Musaluke and Matthew Chisunka granted Sangwa’s prayer to be joined to the case brought by youth activist Michelo Chizombe, as a friend of the court.

Sangwa had applied for leave to appear at the main hearing slated for tomorrow as a friend of the Court, Pursuant to Section 12 of the Constitutional Court Act, 2016.

The lawyer said he intends to appear as a friend of the court, on grounds that he has the requisite knowledge and experience to appear as a friend of the Court.

In an affidavit in support of of of summons for an order for leave to appear as a friend of the Court pursuant to Section 12 of the Constitutional Court Act, of 2016, Sangwa said he is an advocate of the Superior Courts of Zambia, admitted to the bar on December 7, 1990.

He said after his admission to the bar: he focussed mainly on handling constitutional law and administrative law cases.

“I also taught constitutional law and administrative law at the University of Zambia, School of Law from 1990 to 2010,” said Sangwa.

“I believe I have the requisite knowledge and experience to appear as a friend of the Court in this matter.”

In this matter, Chizombe wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.

The youth activist has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter arguing that; Lungu contravened the constitution when he participated in the August 12, 2021 general elections.

He stated that the electoral body contravened the constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate.

The petioner wants the Court to pronounce that Lungu is not eligible to contest a presidential election under the current constitution as read with the now repealed 1991 Constitution (as amended).

Chizombe is seeking a combined interpretation of Sections 7 of Act no.1 of 2016 and Section 2 of the same Act.

In his answer to the petition, Lungu claimed that he never held office twice.

The former president said the Court has already pronounced itself on his eligibility debate when it cleared all constitutional hurdles for his attempt at third term.

He said a dissenting judgement by Court president Margaret Munalula cannot be relied upon to set a precedent.

By Mwaka Ndawa

Kalemba September 25, 2024.

Even if Lungu’s PF won, they couldn’t have made Zambia better – Chief Nzamane

SENIOR Chief Nzamane of the Ngoni people has stated that the former ruling party, the Patriotic Front (PF), would not have been able to effectively tackle the natural disaster currently affecting Zambia, even if they had won the 2021 elections.

He added that even if the party won the 2021 elections, the country would be in a worse situation.

Chief Nzamane said this during a courtesy visit from Nicholas Phiri, Permanent Secretary of the Ministry of Local Government and Rural Development yesterday.

The traditional leader also condemned the past regime’s issues of political violence and cadreism, describing them as unfortunate and traumatic experiences for Zambians.

“I cant encourage that cadresim to come back, I wouldn’t want it to come back, it’s a nasty thing. I have always told the communities that times are hard and it’s not only for Zambia, other countries are going through similar problems. Like the drought is a natural calamity. Issues of the economy are also not things that can be turned around almost immediately.” He said.

“Let’s say for instance, PF won the elections, am sure they could have been nothing, they could have not changed anything. Yes we are talking of hunger, its because we are not growing anything. The last year’s crops, failed because of the rains, there is nothing that we can do.”

Chief Nzamane noted that with the strides of putting up dams, harvesting rain water and having industrial boreholes, the country might gain its glory back.

He shared an example of himself putting up a field on drip irrigation and that the maize is doing well.

“So these issues could have not been handled even by PF, they could have not managed to handle the situation as it is, maybe we could have been on a worse situation with this national calamity of the drought.

“This is a sober government, we may say this and that, but I find this government to be sober as compared to the previous governments, I think we need to give them a chance to work and I think they are in the right direction,” Chief Nzamane said.

The Chief also praised government’s Cash for Work initiative stating that the current hunger calamity that has befallen the country has affected most households who are even failing to even take their children to schools as they have resorted to eat the little maize they harvested instead of taking it to the Food Reserve Agency (FRA).

He said the initiative has come as a relief to the community as it will now help them to source for food for their families, adding that the duration of six months is also okay, especially that the country is expecting early rains this year.

Phiri, said government is committed to not only bringing services closer to the people, but also to ensure that they directly benefit from programmes services in disaster times like this calling on the traditional leaders to take the front seat in sensitizing the community on the initiative.

The Cash for work Programme is targeting 500,000 drought affected households which is adding up to at least 2.5 million people using the ratio of five people per household.

And on the construction of the Chief’s palace which was bemoaned, the PS cautioned the constructors to ensure they use quality materials and put in full consideration in the standards of building pulling down a structure that is almost completed will mean wasting tax payers money.

The new Chief’s palace is being constructed through the Constituency Development Fund? constructed by the Zambia Correctional Service (ZCS) and will comprise of a four bedroomed self contained morden house, two houses for the Chief’s returners that have two bedrooms each, and a Conference hall (Chief’s court) and an office space for the chief.

However, Phiri told the constructors  to expertise their works as the palace was expected to be handed over in last month.

Meanwhile, project Assistant Superintendent from the Zambia Correctional Service, Engineer Sakala Duncan committed to working on the errors made in the construction, speed up the work rate, and ensure that the project is handed over to the Chief by November this year….https://kalemba.news/politics/2024/09/24/even-if-lungus-pf-won-they-couldnt-have-made-zambia-better-chief-nzamane/

By Buumba Mwitumwa in Chipata

Kalemba September 24, 2024

DENIAL IS PAINFUL BUT NOT BEING REFUNDED BY CORRUPT JUDGES AFTER BA KUPWAKULA IS MORE PAINFUL: HOLDING OFFICE TWICE IS HOLDING OFFICE TWICE, RESPECT YOUR CONSTITUTION

Editorial

The Former Chawama member of parliament and former PF leader Edgar Lungu has been struggling to accept that he is no longer president of Zambia.

Additionally, Lungu has failed to accept and move on and open a new chapter in his life especially that Hakainde Hichilema who he despised and cursed privately and publicly is now President of this country.

And to those wondering why Edgar Lungu today addressed himself while being surrounded by the thugs, the answer is here.

When his case of 2026 eligibility was taken to court, knowing that he does not qualify, Lungu summoned the three criminal and corrupt constitutional court judges namely Anne Mwewa Sitali, Mulenga Mungeni and Palani Mulonda to his house.

Just like he did when grabbing PF from Miles KONYAGI Sampa and he did to the 2016 Presidential election petition, Lungu gave each of these three corrupt criminals 1 million dollar each and promised them they should continue adjourning his eligibility case until 2026 and then quickly declare him eligible.

Another 1 million dollars for each of the corrupt judges was to be paid once they deliver judgement in his favour.

However, the UKWA group happenings made Lungu’s plan B destroyed and he called the judges to his house and told them that since his eligibility judgement was coming on the 26th of September, 2026, Lungu told the three judges that they should make sure that he is declared eligible and that a million dollar for each was on the table.

Now, imagine living in denial and spending all these monies and before you realise it, bakupwakula futi!. This is why Edgar is now calling for violence because he knows that his days of illegalities are drawing night .

Lungu wants some Zambians to fight for him while lying between his incisors that he is not free and yet he can alter his mouth in whatever shapes he wants and he has been doing so and unfortunately a handful of his thugs cannot see that they are being used.

All in all, Lungu has continued living in denial. He must talk to people that have lost elections or even lovers who had been dumped unexpectedly and they will tell him how to deal with an election loss or relationship or marriage loss.

In 2015, Lungu was President of Zambia and in 2016, he was President of Zambia and it doesn’t matter if he was President twice fraudulently but the fact is that according to the Zambian constitution he held office twice and he was sworn in twice.

By the way, one of the swearing in ceremonies, Lungu was not sworn by the Chief Justice as per the Zambian constitution but by a mere corrupt court registrar and we hope that, that registrar can be found and asked which laws he used to swear him in.

By the way, Lungu did not handover power to the speaker of the National Assembly when elections were called and during the transition period in 2016 and again the Zambian constitution is clear that such a time, he must handover power to the speaker as he remains an interested party unless he overnighter changed the laws.

Whatever the case, Lungu has smelled the coffee and knows that the removal of those three corrupt criminals disguised as constitutional court judges, leaves him more naked than he thought because only the three were going to be entertaining his illegal patterns.

So, it is not an issue of Harry Kalaba, Saboi Imboela, Sean Tembo, Jackson Silavwe or indeed Hakainde Hichilema being scared of someone who lost by 1 million votes but simply ensuring that laws of this country which by the way, Edgar Lungu himself amended in 2016 are followed to the end.

Hold office twice, is holding office twice. There is no two way about it. But don’t compare Edgar Lungu to Koswe. Koswe was there when Edgar was President and saw him leave office and off course he recently confessed that we were and continue to be in his bedroom.

So, Lungu can cry all he wants on behalf of his corrupt judges but the law must be respected. You can’t turn Zambia into your own hole. No bwana Lungu. Have some manners and grow up sir. Respect the law. Calling on LAZ, the church, and calling for war is another illegality.

In fact, Mr Lungu is lucky that Hichilema is President but perhaps he takes his (Hichilema’s) kindness for granted hence all these threats. Lungu is opposition leader of unknown political party and when he was leader of this country he really tortured citizens while Hichilema has been so tolerant to Lungu and the losing PF.

ACC AND TI-Z PRE-LAUNCH THE 2024 ZAMBIA BRIBE PAYERS INDEX SURVEY

The Anti-Corruption Commission (ACC) and Transparency International Zambia (TI-Z) last week Friday, officially launched the 2024 Zambia Bribe Payers Index (ZBPI) Survey, under the theme “Corruption in the Decentralization Process with a Focus on CDF Implementation.”

Speaking at the launch, ACC Acting Director General Mrs. Monica Chipanta Mwansa highlighted the importance of research in shaping evidence-based anti-corruption strategies. She affirmed the Commission’s readiness to collaborate with stakeholders to generate empirical data that supports the fight against corruption across all sectors.

Mrs. Mwansa underscored the critical role of the ZBPI survey in assessing the prevalence of bribery in public institutions and evaluating the effectiveness of anti-corruption interventions. “This year’s survey will focus on corruption within the implementation of the Constituency Development Fund (CDF) program, investigating issues such as bribery, transparency, and community participation in selected constituencies nationwide.”

The acting DG called upon all stakeholders, including the general public, to support the survey by cooperating with research assistants collecting data across 20 districts.

And speaking at the same venue, TI-Z Executive Director Mr. Maurice Nyambe reiterated the longstanding partnership between TI-Z and the ACC in combating corruption. He described the ZBPI as a vital tool for measuring bribery and public perceptions of governance in Zambia. “The 2024 survey, will gather data from 2,000 respondents across all ten provinces. The findings will be instrumental in developing targeted anti-corruption interventions and promoting transparency and accountability,” He said.

The ZBPI is a corruption measurement tool that measures the probability and extent of bribery behavior in public and private sector service provision and indicates the public’s perceptual and experiential observations of governance, stakeholder anti-corruption actions, and the state of bribery in the country.

The Anti-Corruption Commission (ACC) and Transparency International Zambia (TI-Z) last week Friday, officially launched the 2024 Zambia Bribe Payers Index (ZBPI) Survey, under the theme “Corruption in the Decentralization Process with a Focus on CDF Implementation.”

Speaking at the launch, ACC Acting Director General Mrs. Monica Chipanta Mwansa highlighted the importance of research in shaping evidence-based anti-corruption strategies. She affirmed the Commission’s readiness to collaborate with stakeholders to generate empirical data that supports the fight against corruption across all sectors.

Mrs. Mwansa underscored the critical role of the ZBPI survey in assessing the prevalence of bribery in public institutions and evaluating the effectiveness of anti-corruption interventions. “This year’s survey will focus on corruption within the implementation of the Constituency Development Fund (CDF) program, investigating issues such as bribery, transparency, and community participation in selected constituencies nationwide.”

The acting DG called upon all stakeholders, including the general public, to support the survey by cooperating with research assistants collecting data across 20 districts.

And speaking at the same venue, TI-Z Executive Director Mr. Maurice Nyambe reiterated the longstanding partnership between TI-Z and the ACC in combating corruption. He described the ZBPI as a vital tool for measuring bribery and public perceptions of governance in Zambia. “The 2024 survey, will gather data from 2,000 respondents across all ten provinces. The findings will be instrumental in developing targeted anti-corruption interventions and promoting transparency and accountability,” He said.

The ZBPI is a corruption measurement tool that measures the probability and extent of bribery behavior in public and private sector service provision and indicates the public’s perceptual and experiential observations of governance, stakeholder anti-corruption actions, and the state of bribery in the country.

ACC AND TI-Z PRE-LAUNCH THE 2024 ZAMBIA BRIBE PAYERS INDEX SURVEY

The Anti-Corruption Commission (ACC) and Transparency International Zambia (TI-Z) last week Friday, officially launched the 2024 Zambia Bribe Payers Index (ZBPI) Survey, under the theme “Corruption in the Decentralization Process with a Focus on CDF Implementation.”

Speaking at the launch, ACC Acting Director General Mrs. Monica Chipanta Mwansa highlighted the importance of research in shaping evidence-based anti-corruption strategies. She affirmed the Commission’s readiness to collaborate with stakeholders to generate empirical data that supports the fight against corruption across all sectors.

Mrs. Mwansa underscored the critical role of the ZBPI survey in assessing the prevalence of bribery in public institutions and evaluating the effectiveness of anti-corruption interventions. “This year’s survey will focus on corruption within the implementation of the Constituency Development Fund (CDF) program, investigating issues such as bribery, transparency, and community participation in selected constituencies nationwide.”

The acting DG called upon all stakeholders, including the general public, to support the survey by cooperating with research assistants collecting data across 20 districts.

And speaking at the same venue, TI-Z Executive Director Mr. Maurice Nyambe reiterated the longstanding partnership between TI-Z and the ACC in combating corruption. He described the ZBPI as a vital tool for measuring bribery and public perceptions of governance in Zambia. “The 2024 survey, will gather data from 2,000 respondents across all ten provinces. The findings will be instrumental in developing targeted anti-corruption interventions and promoting transparency and accountability,” He said.

The ZBPI is a corruption measurement tool that measures the probability and extent of bribery behavior in public and private sector service provision and indicates the public’s perceptual and experiential observations of governance, stakeholder anti-corruption actions, and the state of bribery in the country.

Lungu sparks speculation with his “Plan B” of returning to State House if court stops him

FORMER president Edgar Lungu has sparked speculation among citizens after revealing that in his quest of returning to State House, he will resort to “Plan B” if the Constitutional Court declares him ineligible to contest the 2026 presidential election.

The former Head of State was speaking in a recorded talk show, Nchezgo hosted by Steven Nkhoma on Lundazi’s Kenele FM which was broadcast on various Facebook platforms on Sunday evening.

Lungu told Nkhoma that he cannot retire from politics because he was not yet finished, insisting that he had a plan B which he will fall on, in an event that he is prevented from contesting the 2026 general election.

He bragged about his achievements scored during his reign saying, the PF had taken the country to greater heights since it assumed office in 2011 until it was ousted from power in 2021.

“Our successes as Patriotic Front are so many, that if you want me to tabulate them, we can take the whole day. But, suffice to say PF took the country from 2011 to 2021, to higher heights in terms of all economic activities and the quality of life enjoyed by the Zambian people and ideally unfortunately to say that this has been lost in the last three years,” he said.

He claimed that the UPND won the minds and souls of the Zambian people through propaganda and falsehoods.

“They (UPND) told so much lies about me, about PF, about the government such that we took it lightly and thought that we could bring development to the people, would bring prosperity to the people and that would help us: But people did not bother to judge us on the basis of the development that we brought, they judged us on a basis of lies and a few misconducts that you have heard to be an issue of cadreism,” Lungu said.

The former president also complained about not being free to move about.

“Am not as free as you are for example; I can’t go to town today and be left alone they will come. And they will say no you can’t be here. I want to be as free as these guys to go to the market, to go to the cinema theater, to go to a shopping mall to go to church without hurt or hinderance,” he said.

Lungu wondered why the State would want to ensure his safety yet security was withdrawn from him.

“What security?, because they have grabbed all the policemen they gave to us, that am not entitled to police protection because am in politics. So why troubling me by sending policemen to follow me? Am a virtual prisoner and I don’t like it. Wherever I go, I’m followed like a dangerous criminal and that’s not fair.,” he said.

“What’s wrong with campaigning if am campaigning? Am I not free to campaign, is there anything wrong with campaigning? Is there any law that stops me from campaigning?”

Lungu said politics is not a career one can pull out from.

“Politics, I don’t think is something you can retire from if l’m to be honest with you, you can only reduce your participation in politics as you get older. Eventually you want to skip away completely,”he said.

“I don’t know if people like honorable Mwanga have retired, from time to time he makes statements about politics and you call that retirement? I don’t think it’s retirement.”

He said he was back in politics to shield himself, the PF and his family from any attack by the State.

“I have come back to active politics and I will participate because the freedom of myself as an individual, that of the members of the party, that of my family members has been compromised by those who wield powers of the State,” he said.

“They massacred PF they brought in strange characters and said this is the president of PF…That is a criminal act on the part of the State. With all that you want me to be in retirement? No I can’t! because, PF is what brought me here and I think I will not die a peaceful death if I was to die today, without restoring PF to what it is.”

Lungu said he will only reconcile with his successor if he restores democracy by making him the boss of PF again, “by restoring the legitimacy leadership where we were on October 23, 2023.”

“So we are going to fight so talk of retirement, you retire when you are comfortable that things are ok but when you are an old man and see things are being messed up, and children are alone you put on your warrior garb and get your spear and assegai and you go and fight with them m, that’s what they do.”

Lungu said he is not finished and is back in politics for the fight of democracy which he claimed had been killed by the powers that be.

“Am not yet finished. You can’t just come to a house and remove the father of the family and replace them with somebody else and say this is your father guys because I’m in charge or else I will beat all of you, you don’t do that.”

Lungu said the battle of the PF presidency could only be sorted in court although he alleged that there was collusion with the Executive and the Legislature in dealing with party politics.

“Chances of resolving these matters by 2026 are slim, but we haven’t ruled out the possibilities.  They (chances)  are slim and we are pursuing those chances and I have plan B. But asking me about plan B I can’t tell you plan B,” said Lungu

“We want to salvage PF back into a formidable political party that it once was, held together under one leadership and contributing to democracy in this country.”

By Mwaka Ndawa

Kalemba September 24, 2024.

ZAMBIANS MUST BRACE THEMSELVES FOR HARDER TIMES UNDER THE UPND

A KBN TV Editorial

These are tough times for every Zambian, perhaps with the exception of a few politicians who have unhindered access to state resources at their leisure. The weight of the current economic downturn is so severe that even UPND cadres have not been spared.  We have listened to several voice notes of cadres and councillors threatening to resign citing lack of leadership to steer the nation in the right direction.

Apart from the endless dark hours, the high cost of living, a badly performing economy with no job opportunities as well as less money in circulation, Zambians have to now worry about how long they will endure a glaring leadership failure under the UPND administration.

In three years of being in power, the UPND has struggled to find its feet and has constantly found solace in blaming the previous administration. Even the over celebrated debt restructuring and a bloated Constituency Development Fund (CDF) have failed to shield President Hakainde Hichilema and his administration from being exposed for failing to give some form of direction to the economy.

It would be comforting if Zambians were to only worry about the excruciating economic meltdown. It appears the nation must also lose sleep about the apparent deplorable governance record Zambia is experiencing.

When we first exposed the leaked audio conversation between Mr. Levy Ngoma, Political Advisor to the President and Mr. Joseph Akafumba, Permanent Secretary in the Ministry of Home Affairs and Internal Security on 18th January, 2022, we were under no illusion, we knew the governance landscape was headed in the drain.

Months later,  Patrick Nshindano was hounded out of the Electoral Commission of Zambia and the nation witnessed UPND party sympathisers installed in strategic positions like Mwangala Zaloumis as Chairperson and McDonald Chipenzi as Commissioner.

Things have never been the same since; the nation witnessed questionable decisions at the ECZ, including the shambolic handling of the Kabushi and Kwacha by-elections. Those two by-elections should have served as warning shots for an apparent and fast regression to the nation’s democratic credentials.

For example, very rarely have we seen political parties holding rallies lately without a lame duck excuse by the Police about imaginary security risks. The Police have followed opposition figures even as far as Church premises, to the dismay of Zambians. There has been a constant display of abusing the Public Order Act.

Zambia’s human rights record internationally has been condemned with the recent case being flagged by the UN Human Rights Body. This development corroborates with alarms raised by the Catholic Bishops, Law Association of Zambia, Chapter One Foundation, OCIDA, and the Church mother bodies such as the Evangelical Fellowship of Zambia.

These organisations have sounded alarm about the shrinking democratic space including failure to expunge the Cyber Security Law as promised during campaigns, pointing to a deep seated desire by the UPND to tighten the grip on power and silence dissenting voices.

While Zambians are counting down to the 2026 elections, the UPND Government seems to be miles ahead in its determination to hold on to power beyond one term.

Recently, President Hichilema shocked the nation for suggesting on the floor of Parliament that Zambia could go for 8 to 9 years without holding an election. While a flurry of explanations has been given by several ministers, in the minds of citizens, the statement couldn’t have been a slip of the tongue. The startling sentiments come on the heels of the Government denying any plans to effect constitutional amendments to change the presidential limit from 5 to 7 years, removal of the running mate clause and 50+1 percent threshold to win the presidency.

Even more worrying is the fact that there seems to be other maneuvers at the Electoral Commission of Zambia to set up the Electoral Reforms Technical Committee which legal minds have branded as an illegality for want of mandate by the ECZ.

Instead of talking about reducing the excessive Presidential powers, the President is clearly enjoying the trappings unabated. We think today, the most scary lacuna in the constitution is the excessive powers vested in a President without anything to keep him in check.

Further, the timing for the suspension of three constitutional Court judges couldn’t be more wrong and highly questionable when the eligibility case for former President Edgar Lungu is coming up before the same Constitutional Court. Even more worrying is the fact that the Judicial Complaints Committee confirmed in a letter dated 1st June, 2023 that the matter of the three constitutional Court judges had been dealt with and closed. Therefore, to have those judges punished for a matter they had already been cleared of smells of vindictiveness.

It’s also important to remind members of the public that the complainant against the three suspended Court judges regarding the handling of the 2016 presidential petition, wasn’t just an ordinary citizen. Joseph Busenga is a media committee member of the UPND, who has since been rewarded with a job in Brussels as First Secretary Legal.

The rewarding of Busenga is clearly reminiscent of the hefty compensations that the State Chambers keep dishing out to several cadres on flimsy grounds, even for cases that are under nolle prosecuie.

Apart from effects of drought, the current hunger situation which has partly been occasioned by a deliberate and wilful ploy to export national reserves, seems to be weaponised as a political tool to cow everyone looking for means of survival into submission.

We have seen traditional leaders, the Church, civil society, political party leaders and many other critical voices going into survival mode by keeping quiet on some of the worst excesses we have seen in living memory.

Many people are beginning to ask how Zambians can expect free and fair elections when Parliamentary business keeps attracting public uproar, the judiciary seems to be compromised, the registrar of society is subdued under lock and key, the police are acting partial and ECZ does not seem to act independently. All things considered, the signs are written on the wall, it’s going to be a long walk to freedom and Zambians must brace themselves for tough times ahead.

THE JUDICIAL CRISIS IN ZAMBIA: AND A FLAWED ELECTION- Muna Ndulo

By Muna Ndulo

(Professor of Law, Elizabeth and Arthur Reich Director, Leo and Arvilla, Berger International Legal Studies Program, and Director Institute for African Development, Cornell University Law School. Also Honorary Professor of Law at the Universities of Cape Town, Free State and Western Cape, South Africa)

There can be no denying that Zambia’s Judicial system, especially the Constitutional Court, is in a crisis. It has failed to play its constitutional role. I would agree with Professor Hansugule’s assessment that the Zambian Constitutional Court displays unbelievable mediocrity and is an embarrassment to Africa and the rest of the world. In this article I argue that the September 5 decision of Justices Sitali, Mulonda and Mulenga to overturn a decision of the full bench was illegal, irregular and unprofessional and has no legal effect. It must pass as the worst spectacle of judicial rascality anywhere in the world. This is so because the lack of integrity or even active corruption within institutions mandated to enforce and safeguard the rule of law is particularly alarming and destructive to society.  The social effects of such fact based and perceived systemic bias and corruption undermines the legitimacy of the state and democracy itself. The Constitutional Court’s “Judgment” delivered by Justices Mulonda, Sitali and Mulenga, on Monday September 5, 2016 has completely undermined the integrity of the Court, exposed some of its judges as either incompetent or partial or both.  The petition was the opportunity for the court to show its authority in a contest dogged by institutional collapse and growing executive impunity regrettably the opportunity was squandered.

Interestingly, from the judgement of the majority and of the two dissenting judges (Justice Munalula and Chibomba); we learn that a unanimous decision of the full Court announced on Friday September 2 at 11: 45 pm which ruled that a four day hearing in the petition was to start on Monday 5, September 2016 was overturned.  In the Friday decision, the petitioners were allocated two days to present their case and the respondents two days to respond. On September 5, when the Court met to begin trial three judges (Mulonda, Mulenga and Sitali) issued a ruling dismissing the petition on the grounds that 14 days within which a presidential petition must be heard had expired. The lawyers of the respondent were not in court arguing that they did not want to participate in an illegality. It is quite intriguing that lawyers for the respondent can have the effrontery to say they will not appear before a court because to them the case appears illegal.  One critical question which jumps out immediately would be – since when do lawyers appearing before a court decide the illegality of an act? Is it not a hallowed judicial function as to the determination of the legality or illegality of cases before a Court? One would have thought that even in matters that touch on jurisdiction it is the duty of the Court to say it has jurisdiction or otherwise.  However, in this case, the respondents absented themselves from court without any application being made to the court and therefore without permission. In so doing they did not only demean the Court, they defiled the collective rights of the Zambian people which the Court represents. It was therefore unfortunate that the three judges who hacked the petition death unwittingly endorsed the Respondents contemptuous behavior.

It appears from the judgment of the dissenting judges that the two dissenting judges had very little time to read the so called judgment of the three. This raises the following very serious questions:  When did the Judges’ conference to arrive at a new decision take place? Who called this meeting and in what context? How do three judges overrule a full bench properly constituted at what is clearly an irregular meeting?  Who re-opened the issue?  When was the application for reopening made and to whom and where?  Was the application to reconsider the Friday ruling made to the full bench?  When was the application heard?  The only logical conclusion is that the three judges (Mulonda, Mulenga and Sitali) caucused on their own over the weekend and decided to overrule the subsisting ruling of the full bench. They made the decision and wrote the judgment without any submissions from the parties.  If this is not a conduct that subverts the judicial system; what is it? If this is not evidence of judicial brigandage, what is it? If this is not evidence of rascality and judicial fraud what is it?

I argue below that given the above facts, the decision of the three judges is invalid in law and is in fact an illegal subversion of the judicial process. No country that respects the rule of law can tolerate such misconduct on the part of judicial officers.  Additionally, the so called judgment is wrong on the law.  Therefore, the ruling made by the full bench on Friday September 2 is still valid. The following are the arguments to support my conclusion:
(1) First the meeting of the three judges that produced the ruling was irregular. It cannot be justified under any tenet of law known to the Zambian Legal system or perceivable in any part of the Common Law Legal Tradition. There was no motion filed or agued to revisit the issue. So there was no rehearing and parties did not have the opportunity of contesting the review of the ruling. Moreover the petitioners had relied on it and if judicial rulings turn out suddenly to be unreliable that is the end of democracy. It was not an open process and was not a full bench meeting.  A small group cannot form itself out of the whole and overrule the whole. In addition, there were no new facts to consider. Courts do not reconsider rulings on rehashed arguments. The attempt to overrule the Friday ruling of the full bench is a subversion of the judicial system which calls into question the fitness of the three judges to hold judicial office. The three judges need to be given the Commonwealth Bangalore Principles on Judicial Conduct to read. In a truly democratic and functioning society, the three judges would be at this time facing the prospect of impeachment proceedings.

(2) The remedy the three judges purported to give is not provided for in the constitution. Article 103 (3) provides that “the Constitutional Court may, after hearing an election petition-(a) declare the election of the President-elect valid; or (b) nullify the election of the president-elect and Vice President.  The three judges’ purported to dismiss the petition a remedy not provided for in the constitution. Obviously in their reckless speed and effort to perfect their deed they failed to read the law as it is. It must therefore fail because a court of law cannot give a remedy not provided in law. Their purported judgement is therefore standing on nothing and the law is trite that you cannot put something on nothing and expect it to stand, it must surely collapse.   

(3) On the question of the 14 day period, Article 103 (2) provides that “The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition.” There is no consequence provided for exceeding 14 days. Besides the section talks about “hearing.” It nowhere mentions “determining.”  The article seems to have been drafted along the lines of a similar provision in the 2010 Kenyan Constitution. In marked contrast, the Kenyan provision talks about “hearing” and “determining”.  Article 140 (1) of the 2010 of the Kenyan Constitution provides that: “(a) A person may file a petition in the Supreme Court to challenge the election of the President elect within seven days after the date of the declaration of the results of the presidential election; (b) Within fourteen days after the filing of the petition, under clause (1) the Supreme Court shall hear and determine the petition and its decision shall be final”. Judicial powers ought to be exercised judicially and judiciously – essentially it must be exercised in the interest of substantial justice and not to defeat the commonweal of the people. In this case, what we have seen can be called any other thing but never a judicious exercise of judicial powers.

(4) Article 103 (2) should not be interpreted to deny petitioners their constitutionally guaranteed rights to be heard. A hearing must also be fair and equitable and not just a farce or a choreography of absurdities as we saw in this case. A constitutional court ought not to pander to narrow constructions which leaves substantial justice prostrate.  Several courts from various parts of the world have dealt with this matter.  First the R v. Sussex Justices, exp. McCarthy a leading English case on the impartiality and recusal of judges.  It is famous for the precedent establishing the principle that mere appearance of bias is sufficient to overturn a judicial decision.  It also brought into common parlance the often quoted aphorism: “Not only must justice be done; it must also manifestly be seen to have been done.”   Procedure and technicalities, are handmaids of law, they should never be made a tool, to deny justice or perpetuate injustice, by any oppressive or punitive use. They should not become tyrannical masters with which justice can be destroyed. Perhaps the matter was most eloquently put by Justice Chuckwadifu Oputa in the Nigerian case of Bello v. Attorney General of Oyo State (1986) when he stated: “The picture of law and its technical rules triumphant and justice prostrate may no doubt have its admirers. Nevertheless, the spirit of justice does not reside in forms of formalities, or in technicalities, nor is the triumph of the administration of justice to be found in successfully picking one’s way between pitfalls of technicality. Law and its technical rules ought to be but a handmaid of justice and legal inflexibility (which may be becoming of law) may, if strictly followed, only serve to render justice grotesque or even lead to outright injustice.  The court will not endure that mere form or fiction of law, introduced for the scale of justice, should work a wrong, contrary to the truth and substance of the case before it.”

(5) As the Philippines Court of Appeal put it: “technicalities, however, must be avoided. The law abhors technicalities that impede the cause of justice.  The Court’s primary duty is to render or dispense justice. “A litigation is not a game of technicalities” Law suits, unlike duels, are not to be won by a rapier’s thrust.’  Technicality when it deserts its proper office as an aid to justice and becomes its greatest hindrance and chief enemy, deserves scant consideration from courts. Litigations must be decided on their merits and not on technicality. Every party or litigant must be afforded the amplest opportunity for the proper and just determination of a matter before the court. If technicalities were to be the essence as opposed to justice what will societies be “but organized armed banditry”?   

It is quite clear that the legal reasoning of the three judges is flawed.  It defies case law from around the world. The petitioners have been denied their panoply of due process rights guaranteed under the Zambia constitution –the right to be heard by an impartial tribunal.  The technical argument is used as an excuse and does not appear to be the real reason for the conduct of Justices Mulonda, Mulenha and Sitali.  There are many facts which suggest that there were other factors at work.  Judges were receiving death threats and being threatened by leading Government officials and party officials.  At no time did the court complain about this nor did the Attorney General as leader of the Bar seek to protect the judiciary from harassment.  It is interesting that the same judges are not in a hurry to rule on the petition by the petitioners pursuant to 104 (3) which asked the Court to order in line with the constitution that the Speaker of the National Assembly act as president during the duration of the election petition. Article 104 (3) clearly states that: “Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103 (3) (b) the Speaker shall perform the executive functions, except the power to- (a) make appointment; or (b) dissolve the National Assembly. Here we see no weekend meetings by the three judges to rule on this application. Lungu ignored this provision of the constitution with impunity and the court connived and condoned the impunity.

While the behavior of the lawyers must always be respectful to the court and the court is right to admonish the petitioners’ lawyers for any misconduct they might have engaged in, it is inconsistent and a show of partiality of the three judges to fail to criticize the behavior the respondent’s lawyers for failing to turn up for court on September 5. (Unless of course they had sought and got permission at the illegal weekend meeting that decided to overturn the majority verdict). A court that is impartial would have admonished both sides. The problem in Zambia is that the Judiciary branch of government is clearly beholden and subservient to the Executive branch.  The courts are plagued by political influence and endemic corruption.  The lack of clear separation between the judicial and executive branches of government has led to a harmful politicization of the judicial system. The lack of a transparent system for the appointment of judges and the concentration of the appointment system in the presidency has meant that appointments and promotions in the judiciary are based on political patronage rather than merit undermining both the professionalism and the independence of the institution. As Professor Hansungule and the Post News Papers have pointed out, even the Zimbabwean Courts have fared better. The Zimbabwe courts have ruled in favor of freedom of assembly, declared the offence of insulting the President unconstitutional and made many other admirable decisions on the rights of citizens.

A sad development in Zambia is that those that wish to enforce their constitutional rights are victimized twice.  They are called selfish and are labeled tribalists. A coterie of job seekers and their night pastors,  priests and ex priests call on them to make peace for the sake of the country whatever peace means in this situation (maybe they are expected to accept the peace of the grave).   In a strange twist of events, the victims become the villains when in fact it is despots who are the problem.  What is at stake in Zambia is the capture of the state by a small connected group of people, the entrenchment of acolytes in top posts, the collapse of state institutions because of cronyism and the looting of resources for personal gain.  This group is lawless and knows no boundaries. But the only reason for the triumph of evil is for good people to say nothing.

By preventing Zambians and the world to hear and see the facts contained in the petition Justices Mulonda, Mulenga and Sitali have tried to legitimize the 2016 sham and massively rigged election and provide a veneer of legal authority and expertise to a fundamentally flawed electoral process. They tried to cover up the partisan and partial – some would say – near criminal) incompetence on the part of the Electoral Commission of Zambia whether in terms of pre-election arrangements for the poll or in the delivery of results. They protect and immunize the criminal behavior of top officials of the Electoral Commission. 

However, Justices Mulonda and Mulenga and Sitali have failed dismally in their efforts to cover the criminality and abuse of office perpetrated by the Electoral Commission of Zambia.  The facts are too stark to be hidden, not now and not in a hun dred years. You can never hide a fire; the smoke will betray you.  The beauty about Court proceedings is that they record history.  Hundreds of years from now our great grandchildren will learn about the events of today in the same way we learn from the Nuremberg Trials of Hitler’s atrocities and the Rwanda Tribunal of the Tutsi Genocide. Their Monday “judgement” cannot overturn the Friday full bench decision to grant the petitioners their constitutional right to be heard. Their Monday ‘judgement” only starkly shows to all good people the world over that not only is democracy dead in Zambia, but those chosen to defend and protect its existence are the very ones responsible for its death. The unfortunate thing about judicial irresponsibility is that those who do the harm are still addressed as “honorable”. Indeed, in a stirring valedictory speech in 2005, from the Nigerian Supreme Court, S.O Uwaifo had this to say: “A corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street; while the man with dagger can be restrained physically, a corrupt judge deliberately destroys the foundation of society and causes incalculable distress to individuals through abusing his office, while still being referred to as honorable”. Suffice it to say that the Court which is the last hope of the common man has betrayed the ordinary Zambian citizens and it is sobering that the men and women who are behind this betrayal should ordinarily be men of honor. How sad. If gold can rust what then happens to iron? Indeed “ill fares the land: to hastening ills a prey where wealth accumulates and men decay.”

PF FACTION SPOKESPERSON WARNS “EAGER-TO-EAT” MPs: DIGGING THEIR OWN POLITICAL GRAVES WITH SHOVELS OF PRAISE

pf faction chairperson emmanuel mwamba has called out two renegade members of parliament, accusing them of publicly digging their political graves by supporting a ‘failed’ president.

Lusaka, Zambia, September 24 – In the latest episode of Zambian political theater, Patriotic Front (PF) Faction Chairperson for Information and Publicity, Emmanuel Mwamba, has issued a stern warning to two party members of parliament, Davison Mung’andu of Chama South and Andrew Lubusha of Chipangali. According to Mwamba, these MPs are not only “out of step” with the PF but are enthusiastically sprinting towards their political demise by daring to support President Hakainde Hichilema.

In a scene that could be mistaken for an episode of The Bold and the Powerless, Mung’andu and Lubusha were spotted welcoming President Hichilema to Mambwe District with open arms and even wider mouths. Mung’andu, in a moment of what can only be described as political amnesia, remarked that Zambia’s energy crisis would have been catastrophic if “that other president” — a thinly veiled jab at PF’s own Edgar Lungu — was still in charge. Not to be outdone, Lubusha showered the President with praises for allegedly saving his constituency from the brink of starvation by distributing relief food. The sheer spectacle of gratitude was enough to raise more than a few eyebrows.

Mwamba, who seems to be holding the unofficial title of “PF Grave Digger-in-Chief,” did not take these acts of political treason lightly. In an interview, he lashed out at the MPs, calling their actions “cheap and opportunistic.” Apparently, the two MPs received their official “you’re-not-in-good-standing” letters ages ago — long before the “Miles Sampa confusion,” as Mwamba described it. But despite their apparent exile from the PF Central Committee, these MPs are, it seems, free to express their opinions. Opinions, of course, that Mwamba would prefer they keep to themselves.

“We urge the MPs to eat quietly or obtain favours from President Hichilema without engaging in this shameful conduct,” Mwamba scolded, perhaps hoping the MPs will take up a lesson in covert political snacking. After all, in Zambia’s political circles, it seems you can have your cake, eat it, but just make sure you do so behind closed doors.

Mwamba’s sharp rebuke didn’t stop there. In a statement worthy of a nostalgia trip, he reminded everyone of the supposed golden era under Edgar Lungu, when mealie-meal cost K120, fuel was K17 a litre, and unicorns roamed the streets of Lusaka. “PRESIDENT HICHILEMA HAS FAILED,” Mwamba bellowed, in case anyone had missed the memo. He proceeded to list off a string of achievements under the PF’s decade-long reign, from building schools and hospitals to increasing the nation’s power generation capacity. One could almost hear the faint strains of a PF theme song playing in the background.

But the pièce de résistance of Mwamba’s tirade was his comparison of debt accumulation. According to Mwamba, while the PF only managed to borrow a modest $9.1 billion in 10 years, Hichilema’s United Party for National Development (UPND) is apparently devouring loans like a kid left unattended in a candy store. With debt now at a staggering $14.7 billion, Mwamba quipped that Hichilema is accumulating debt “at a far faster rate than any previous government,” as if the nation was competing in the Olympics of Fiscal Irresponsibility.

To top it all off, Mwamba blamed the current administration for everything from power cuts to water shortages, disease outbreaks, and even the economic downturn. In his final flourish, he issued what could only be interpreted as an ominous prophecy: if the country wants to survive, it must vote Hichilema out in 2026.

In closing, Mwamba offered some sage advice for MPs like Mung’andu and Lubusha who, for reasons known only to them, have chosen to embrace President Hichilema. “We advise the two MPs to work with the President quietly,” he said, clearly frustrated that they dared to heap praise in public, where everyone could see.

And so, in the grand tradition of Zambian politics, the advice is simple: if you’re going to praise the President, do it discreetly — preferably with a mouthful of food.


©Nkani Online 2024  #NewsOnDemand

JOHN SANGWA SAYS QUESTIONING THE CONSTITUTION IS LIKE QUESTIONING THE BIBLE

Constitutional lawyer argues that questioning the Constitution undermines its authority, just like doubting the Bible.

Lusaka, Zambia, September 23 – Prominent Constitutional lawyer John Sangwa has stated that people should not question the Constitution, comparing it to how Christians never question verses in the Bible. Speaking on Radio Phoenix’s Let the People Talk programme, Sangwa emphasized that attacking individual provisions of the Constitution is an act of lawlessness.

“Have you ever heard a Christian question the Bible? We never question, we don’t say this particular verse is in conflict with that verse. We take the Bible and make sense out of it. The same applies to the Constitution. You do not pick one provision and run with it; you have to look at the Constitution in its totality as an instrument,” said Sangwa. “It’s wrong, it’s actually an act of lawlessness to attack individual provisions of the Constitution. You cannot question the validity of the Constitution.”

Sangwa further explained that the five-year election cycle is unchangeable, as it is clearly stated in the Constitution. “The tenure, that five-year period can never be shifted. The Constitution says every five years, on the second Thursday of August, there shall be an election. Whatever happens, it will not affect the election date,” he added, dismissing concerns about a lacuna in the law.

Sangwa also took a swipe at those criticizing the Constitution, arguing that it is dangerous to question its authority without solid evidence. “Saying there’s a lacuna is attacking the Constitution. If you’re challenging the Constitution, what is your reference point? There’s no room for your feelings when you’re dealing with constitutional matters. It says what it says, and we have to accept it,” he stated.

In a critique of the UPND government, Sangwa wondered why they didn’t point out the gaps they now claim to see when they helped pass the current Constitution. “This document is a bipartisan product between PF and UPND. If there are gaps, why didn’t they see them when they were passing the bill? We have to live with the Constitution until there’s evidence that its provisions have failed,” Sangwa noted.

The constitutional lawyer also commented on the ongoing load-shedding crisis, describing it as a failure of leadership and planning. “Three years into your administration, and power generation is now a crisis. They should have started putting measures in place the moment they got into office. I didn’t vote for you to give me excuses,” Sangwa remarked.


©Nkani Online 2024  #NewsOnDemand