ECZ WAS WRONG TO ALLOW LUNGU ON THE BALLOT IN THE 2021 POLL – CHIZOMBE

YOUTH activist Michelo Chizombe has maintained that the Electoral Commission of Zambia (ECZ) violated the Constitution when it permitted Edgar Lungu to participate in the 2021 general elections.

He said the electoral body ought to have rejected Lungu’s nomination papers as he did not qualify to contest for the presidency thrice.

Chizombe is questioning Lungu’s eligibility to contest in the 2021 general election and future elections after being sworn into the office of President twice

He wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.

Chizombe who has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter indicated that Lungu contravened the constitution when he participated in the August 12, 2021 general elections.

In its answer to the petition, the ECZ said it abided by the requisite laws during the processing of Lungu’s nomination and did not breach any provisions of the law or constitution during that process.

Brown Kasaro who is the chief electoral officer said ECZ is guided by the relevant Electoral laws which, among others, include the Constitution of Zambia (Amendment) Act no. 2 of 2016 , Electoral Process Act no.35 of 2016 and Regulations promulgated thereunder.

He said ECZ abided by all the requisite laws for processing nominations for presidential candidates.

“Article 52 (2) of the Constitution (Amendment) Act no. 2 of 2016 obliges the second respondent to either accept or reject nomination papers filed by a candidate wishing to contest for Presidential elections,”said Kasaro.

“Article 52 of the Constitution (Amendment) Act no.2 of 1016 provides adequate grievance mechanisms to challenge the nomination process.”

In his reply to ECZ, Chizombe said Article 52 being referred to by ECZ mandates the returning officer to reject the nomination papers if the candidate does not meet the qualifications or procedural requirements specified for election to the office of president.

“The subsequent nomination of Lungu and consequent participation in the general elections of 2021 was unconstitutional,” said Chizombe.

“The second respondent was in breach of its Constitutional provisions when it accepted the nomination of the first respondent by putting him on the ballot paper and later enabling him to participate in the August 2021 elections.”

Kalemba

TRIAL BEGINS IN WHICH FIRST LADY ESTHER LUNGU IS IN THE MAGISTRATE COURT

COURT HEARS HOW A HERBALIST GOT MONEY FROM ESTHER LUNGU’S NIECE

Lusaka – Monday 27th November 2023

A herbalist, Elizabeth Chanje Phiri, has testified how she met and obtained money from a niece to former First Lady Esther Lungu.

Elizabeth Chanje Phiri testified that Catherine Banda approached her to seek help to have a child and obtain a marriage.

She also testified how she introduced Catherine Banda to her daughter, Fuhana Patel.

She stated that she charged Catherine Banda K4,000.00 for the two cases and an appreciation when the medicines bore fruit.

Elizabeth Chanje Phiri is currently on the stand and more details coming.

This is a case where the former First Lady is facing theft of 3 motor vehicles and the title of a property allegedly stolen from the herbalist Elizabeth Chanje Phiri and her daughter, Fuhana Phiri.

Mrs. Esther Lungu is appearing before Lusaka Magistrate, Hon. Mbuywana Sinvula. Mama Esther Lungu, is jointly charged with James Phiri and Lee Chisulo, both police officers, Kapambwe Lungu and Catherine Banda.

This is a matter where Catherine Banda, the niece of Zambia’s former President Edgar Chagwa Lungu, Catherine Banda was entrusted with the safekeeping of $400,000 by Mrs. Lungu but later claimed to have given this amount to the herbalist, Elizabeth Chanje Phiri and her daughter, Fuhana Patel.

When Mrs. Esther Lungu requested the return of her funds from Catherine Banda, it was established that the money was passed to Elizabeth Chanje Phiri and her daughter Fuhana Patel.

However, investigations revealed that having been surrendered to Elizabeth Phiri and Fuhana Patel, the duo proceeded to buy cars and a property in Libala.

Family meetings aimed at resolving the issue disclosed that the herbalist and her daughter had utilized the funds to acquire the same property in question from money obtained from Catherine Banda.

In an effort to reach an agreement, the parties involved decided that Elizabeth Phiri and Fuhana Patel would relinquish the certificate of title for the disputed property (stand number S/Lusaka/SLN 0003/2977, located in Libala South Water Works Area) and three motor vehicles—a Mitsubishi Canter bearing registration number BAV 5282, a Toyota Allex with registration number BAV 3986, and a Toyota Runx, also registered as BAV 3986—to compensate for the loss of money belonging to Mrs. Esther Lungu.

But in a twist of events, Elizabeth Chanje Phiri and Fuhana Patel this year complained to the Zambia Police that Mrs. Esther Lungu had grabbed their cars and title to their property.

This transaction led to a Elizabeth Chanje Phiri and Fuhana Patel regarding the alleged theft of their vehicles and property by the former First Lady.

Chilufya Tayali writes……

THE MORE YOU LOVE A WOMAN, THE MORE VULNERABLE YOU BECOME, SUCH THAT YOUR LIFE CAN EVEN BE DESTROYED – I STAND WITH JONES

Social media is awash with the pictures of this man, the Mayor of Ndola, Jones Kalyati, for allegedly threatening to shot his wife at a drinking place, Hot Stone Bar and Restaurant, in the night.

The Mayor was reported to the police by his wife, Bernadette Mwape, 39, who said that her husband, who is 46 years old, threatened to kill her together with her friends. Ms Mwape also said that her husband, threatened to shoot himself as well.

Police have since charged Mr. Kalyati with two counts of threatening violence and producing a gun at a social place.

I honestly don’t know the details, or rather the side of Mr. Kalyati and we might not hear it any time soon, because usually with such stories, a man is already guilty.

Very few will bother to ask, what made Mr. Kalyati so angry that he pulled a gun and almost ended a life of his wife, her friend and his. Thank God it did not happen.

But why was this man upset with the friend

How did the wife and the friend find themselves there in the night

Of course GBV encourages people to report cases of violence to police, but then what happens to this marriage

How much did the wife consider her husband before reporting this matter to the police.

How does she feel now that her husband, a public figure, is being judged as a careless and emotionally unbalanced

I wonder if they have children together, how do they feel

What is the future of this wife and the husband

I insist, I don’t know the details, but I want to stand with this man, because I know, this man would not have just acted in such a manner, there must be a story behind this marriage and at times it just drains us, men.

The issue is when you love these women so much, it is like you become so vulnerable, such that, you can even lose all you have built all you life time. At times I hate love, because it pains.

I WISH YOU ALL THE BEST MY BROTHER, I HOPE THIS MATTER CAN BE RESOLVED IN A BETTER WAY, IN AS MUCH AS SUCH A CRIME HAS A STATE ELEMENT IN AS FAR AS HOW FAR IT CAN GO.

LONDON/JOHANNESBURG, Nov 24 (Reuters) – The collapse of Zambia’s $3 billion bond rework deal this week is reverberating well beyond the country’s borders, raising doubts about the very framework designed to get bankrupt nations back on track quickly.

Zambia’s government said on Monday an International Monetary Fund-approved deal with bondholders – agreed in principle less than a month ago – could not proceed due to objections from bilateral creditors, who say the terms of the deal are not comparable to relief offered by a group of countries including France, China and India.

The setback sent the bonds of countries in the midst of debt reworks such as Ghana and Sri Lanka tumbling. It also raised fresh questions about the commitment of Western nations and multilateral lenders to help poor countries claw their way out of unmanageable debt.

“To me there is a real problem, and the real problem goes beyond Zambia,” said Brad Setser, a Council on Foreign Relations fellow and former U.S. government official, suggesting the way debt sustainability and market accessibility for low income countries was assessed might need to be adjusted.

The core of the issue is the Common Framework, a G20-backed debt negotiation architecture that aimed to smooth and speed deals for insolvent low-income countries thrust into crisis during the pandemic with a historically complicated tangle of lenders that, for the first time, included China.

It established basic principles at its 2020 launch, with more to be defined and debated along the way. Progress has, however, proven more arduous than expected.

Zambia – the Framework’s test case – is entering its fourth year of default and its long, thorny path could deter other struggling countries such as Tunisia, Egypt and Kenya from Common Framework debt reworks.

International bondholders say the Framework failed to provide the transparency on other creditors’ concessions needed to cut comparably fair deals. Most agree it provides no clarity on what fair treatment of various creditors would actually look like, nor how the value of concessions given to indebted nations should be calculated.

Milestones such as Zambia’s memorandum of understanding (MoU) with bilateral creditors on restructuring $6.3 billion of debt and similar successes for Ghana raised hopes the Framework was working. Now there are once again whispers that it’s failing.

“This has not been a success and we need a reset,” said Kevin Gallagher, director of Boston University’s Global Development Policy Center.

The IMF did not respond to a request for comment sent over a U.S. holiday.

A QUESTION OF FAIRNESS
The current rift centres on “Comparability of Treatment” – a principle from the Paris Club of wealthy creditor nations aimed at ensuring its members don’t give outsized concessions compared to private lenders or others outside the group.

Zambia’s government said the Official Creditor Committee (OCC) sank the bondholder deal because it fell afoul of that principle under a “base case” scenario. This outraged bondholders, who say they offered more debt relief than bilateral lenders on a net present value (NPV) basis and a principal haircut of 18% when official creditors tabled none.

With no rules on how to calculate concessions, creditors can come to different conclusions regarding the figures.

“One of the founding principles of the Common Framework was indeed Comparability of Treatment. The fact that we’ve gotten this far without reaching a common understanding of what that is, is indeed unhelpful,” said Yvette Babb, a portfolio manager at William Blair.

Tallying different creditors’ priorities is tricky: Bondholders target shorter-term cashflows but will accept principal writedowns, while official creditors favour maturity extensions.

“Are you willing to allow deals that allow bondholders to get a lot of money out before official creditors? And are you willing to let bondholders take money out when the IMF is putting money in?,” said Setser.

HOW TO FIX IT
Zambia’s government said there was no consensus between OCC co-chairs China and France on the concessions needed from bondholders to secure a deal. The OCC statement also did not say which creditor country raised concerns, making it harder to address them, investors said.

Convincing China, which emerged as a key creditor after a decade-long lending spree, to cut deals alongside other creditors has been a core challenge.

China’s repeated assertions that it must safeguard its taxpayers’ money, its rejection of blanket acceptance that multilateral lenders do not take haircuts and its objections to the IMF’s debt sustainability assessments have upended the official lenders’ historic approaches to debt deals.

China’s central bank and finance ministry did not respond to requests for comment.

Already, a group called the Global Sovereign Debt Roundtable – comprised of development banks, G20 chair India and official and private creditors – is trying to work through the Framework’s snags and seek a consensus on net present values and comparability of treatment.

Any such consensus, William Blair’s Babb said, would eliminate “a large degree of this discretionary assessment”.

“That is a fundamental principle that I think could be agreed on to avoid this becoming a stumbling block in other discussions,” she added.

The IMF has also promised to rejig its debt sustainability calculations – key figures in restructurings – and make its process more transparent.

With a record $554 billion of sovereign debt in default globally, according to the Institute of International Finance, getting countries out of distress quickly is key.

Zambia’s finance minister has said the long delays have curtailed economic growth and hit the poorest of the population.

Some say the Framework, while flawed, is the only way, and that countries outside it, such as Suriname and Sri Lanka, have also struggled to finalise deals.

“Sovereign debt restructuring is a very ugly, messy process,” said Mark Sobel, a former U.S. representative at the IMF, adding its aim was also to cut through the web of competing domestic powers within China to allow it to give debtor countries much-need relief.

“To me, the Common Framework, for better or for worse, is the only game in town.”

(Reporting By Libby George and Rachel Savage. Additional reporting by Jorgelina do Rosario and Joe Cash. Graphic by Rodrigo Campos, editing by Karin Strohecker and Kirsten Donovan)

SOURCE: Reuters

THE UPND’s LITANY OF SINS
[The Clear Case of Mismanagement, Incompetence, Corruption and Failure]
_____________

Zambia’s health sector under the United Party for National Development [UPND], the current ruling party, requires admission to a Governance Intensive Restorative Care Unit.

It is gravely unwell and its condition is getting alarmingly worse, hurtling towards the comatose, the moribund.

The lives of citizens are now in increased perilous danger.

What aggravates this frightening state of the nation is the ever skyrocketing cost of living which has dealt a mortal blow to the social determinants of health namely water and sanitation, food, income, employment, marriage and housing.

Cholera, a disease of filth that had once been brought under control, is back in business, and it has already claimed Zambia’s lives.

Poverty has increased, the CSO [Central Statistics Office] attests.

And poverty, as is known, spawns other vices.

For now, let us look at the following sins which the UPND has committed, sins for which this political party must be sent to a political purgatory for atonement, sins which have led many citizens to an early grave or that have terribly maimed the quality of lives of many others:

1. The wrecking of Zambia’s supply chain of medical and surgical supplies through the ilI-advised cancellation of functional long-term framework contracts which existed when they assumed State power. Critical and perennial shortages of essential medical and surgical supplies have dogged our public health facilities ever since as a consequence.

2. The knee-jerk and emotional firing of competent and professional procurement officers inspired merely by malice, unsubstantiated suspicions and political vindictiveness. And merely as a example, quantification capacity, as noted by the Parliamentary Committee on Health, was lost.

3. Failure to leverage Zambia’s mineral resources to increase the national resource envelope for purposes of increasing Zambia’s own procurement capacity and security. Instead, the UPND opted to defraud citizens through subsidising foreign mining corporates via questionable and fiscally foolish tax incentives. As a consequence, Zambia’s Bank of Zambia is now crippled as it is running out of money, and might now impose a hidden tax on citizens through quantitative easing. The quantitative tightening currently going on is not sustainable.

4. The corrupt practice of single-sourcing, which the UPND in opposition once opposed and condemned, but now so much loves to do as illustrated in the recent procurement of tainted health centre kits from Mission Pharma. For the procurement-naive, single-sourcing or direct bidding is the most preferred method by corrupt public service workers as it yields the highest kickbacks and is the most convenient way of pleasing cronies or scratching another’s back.

5. Further, instead of quarantining all the tainted kits since they constitute a matter for arbitration and litigation, and perhaps settling for reparations and compensation, the UPND questionably opted only to remove the defective commodity from the kits and distribute the rest.

6. Under the UPND, ZAMRA [Zambia Medicines Regulatory Agency] and ZAMMSA [Zambia Medicines and Medical Supplies Agency] both government departments, are NOT working harmoniously together. Though understandable but still questionable, ZAMMSA seems to be on the side of the suppliers and ZAMRA is firmly protective of citizens. The eyebrow-raising curious case of the buyer defending the supplier. The perils of single-sourcing, you see.

7. It is through the statutory pre-distribution commodity analyses that ZAMRA discovered the defective drug. But ZAMMSA, as if a branch of Mission Pharma, instead of relying on ZAMRA’s findings, went with Mission Pharma’s insistence that the commodity was fine and that another lab abroad should analyse the drug. Now results from this other lab have come. And as if a lesson that we must have confidence in our own public institutions, the results are in agreement with ZAMRA’s findings. The UPND government now has egg on its face and is now looking for ways on how to spin this. Presently uncharacteristically mute, they are still looking for the right words to use to manage the public.

8. Zambia’s state-of-the-art, model and flagship cancer hospital, the CDH, is now on its knees. A facility which used to attend to referred patients from other countries, and was a forex earner for Zambia, is now referring patients abroad. It has now become a forex drain. All this has happened because it can now no longer do radiotherapy because its machines have broken down, itself a consequence of the UPND’s failure to honour existing service contracts.

9. As all this health sector farce continues to play out, another defective drug, this time for hypertension, was being prescribed and dispensed to unsuspecting citizens by public health facilities. Thank God, it has now been recalled. But still, many citizens, who ought to litigate for the harm that they might have suffered as a consequence, who took the drug and thought that their BP troubles would resolve but didn’t, still do not know about this governance injustice. Osaulula, somebody is whispering.

10. And now the latest sin. As if such a thing as a government to government procurement ever existed, the UPND has now received health commodities from Egypt. Fifteen percent of the total consignment is now in Zambia. The scandalous thing about this shipment to Zambia is that none of the health commodities brought into the country is registered in Zambia. The UPND is now stuck. To unstuck themselves, they are now putting undue pressure on ZAMRA to issue a waiver so that Zambian citizens can begin to consume these unregistered things. The case for ensuring that all procurements must be professional and follow laid-down procedures is hereby made. But as now everyone knows, the UPND does not like, respect nor follow the rule of law.

They were so big on fixing things, these people.

We will fix it, they boisterously said.

As if desperate for power, they said many things. They even used markers and charts to illustrate their intelligence and competence.

Along the way, Catholic priests were even callously berated and advised to go back to school for their apparent dullness and failure to read graphs.

Buy today everything has unravelled. The emperor has no clothes after all.

Petrol isn’t K12 per litre.

Fertiliser isn’t K250 maximum per 50kg bag.

Mealie meal isn’t K50 per 25kg bag.

Property tax has not been abolished. Instead, wheelbarrow tax is coming.

RTSA is still a parastatal.

The presidential jet is still here, now rusty.

ECL is no longer kamwendo mjira. There is a new kid on the block now.

Tribalism is back, now more malignant.

The Kwacha is at its weakest since Sir Roy WELENSKY left Zambia. Ironically, his relatives, out of pity, are now giving us aid.

The debt remains unstructured. China is back in the picture.

Micro-management is the order of the day.

And nothing is being fixed. Well, truth be told, citizens are now the ones being fixed. They have been reduced to beggars.

Instead, things, even those that were once well and intact, are now falling apart. Just look at the National Assembly. It is now a circus, clowns and all.

And since there is a Lucifer of Zambia, surely there must exist a Lucifer of Rome. One wonders what he is thinking about this ranting and raving going on in this backwater country. I bet, in prayer for us, the Pope, doing the sign of the cross, just like Jesus did, he is also forgiving our trespasses.

Even the masters of the puppet are now getting frustrated with the puppet.

Evidently, some of their strings have snapped, aren’t working anymore.

Aikona, man, declare your assets, they now angrily demand. You promised that buggery would be fixed and normalised. Wenye, wetinyenga weo! Youths, where are you? They now ask. Come on, youths, arise, they incite!

Clearly, the self-proclaimed fixers are now themselves in a fix.

The saviour has become the devil, the messiah has become the villain.

What boggles the mind are the disturbing scenes that keep repeating themselves at the Kenneth Kaunda International Airport [KKIA].

First, you see the head of State and his band hold a jamboree about non-existent debt restructuring.

Then at another time, Zambia’s Minister of Health and her band hold their own jamboree as they receive defective medicines.

You look and you scratch your head, wondering just what the hell is going on.

Then you realise that God is the one causing all this bedlam, all this irrational behaviour. You then see order in the chaos.

He allows all things, after all.

You realise that indeed He has gone ahead of Zambia.

It then dawns on you that the UPND’s reign is merely a product of time and chance, that it indeed is only a transient phenomenon, a passing political fixture, of illustrative value only for the lesson it possesses or represents to the Zambian people.

You then clearly see why He allowed them to rule also.

Then your heart settles.

A better Zambia beckons, it is on the horizon. You see it coming. This is only a phase. It too will pass.

Hope is. It remains.

Vitoria è certa!
Aluta continua!

The captives will indeed be set free.

For now though, we must fight on. We were born for times like these. Indeed, we are the breed for this hour.

Dr Canisius BANDA
Development Activist

25 November 2023
_____________

PF BAHATI MP INTERACTION WITH PRESIDENT HH

25.11.2023

The PF Bahati MP Hon Leevan Chibombwe was today in the company of the Republican President Hakainde Hichilema (HH) when he toured a trade school that makes and repairs school desks in his constituency.

Under the rebranded PF leadership, we commend Hon Chibombwe for puting political rivalry aside to advance development agenda of the people of Bahati and Luapula in general.

We alive to the fact that had the PF leadership still been under the recently fallen past clique commonly known as Hijackers, a letter of suspension would have already been printed to Hon Chibombwe for finding himself next to the President of Zambia at a developmental event.

Hon Chibombwe should be assured that no such letter is being drafted under our leadership as have rebranded away from archaic politics of hatred to modern civilized politics of love in diversity under a democratic One Zambia; One Nation.

As the Bible says, there is time for everything. Time for Development agenda for the people and time for Politics for the ruling & opposition. As there is no by election in Bahati, it can only be time for development agenda by all political players for the good of all the people of Bahati constituency.

Welldone Hon Leevan Chibombwe for being a brave MP not fearing threats and intimidation from fallen PF hijackers.

Together We Will
Miles Bwalya Sampa, MP
Patriotic Front (PF) President

President Hakainde Hichilema led a tour of the Mansa Trades Institute to assess the progress of a Constituency Development Fund (CDF) project focused on skills development. The project, facilitated by the institute, highlights the UPND New Dawn government’s commitment to enhancing skills development and empowering the youth across the country.

In a display of bipartisan collaboration, PF Bahati MP Hon Leevan Chibombwe joined President Hakainde Hichilema (HH) during the tour of the trade school specializing in the production and repair of school desks within his constituency. The event showcased a departure from political rivalry as Hon Chibombwe and President HH shared a common goal of advancing the development agenda for the people of Bahati and Luapula at large.

Miles Sampa, PF president has said under the rebranded PF leadership, this cooperative effort is applauded, emphasizing a commitment to setting aside political differences for the greater good. The PF leadership highlighted the shift away from past practices that would have seen punitive measures taken against a member for participating in a developmental event with the President.

In a statement, Miles Sampa assured Hon Chibombwe that there would be no such reprisals for his collaboration with President HH. The rebranded PF is moving away from divisive politics to embrace a more modern and civilized approach, fostering a culture of love and unity in diversity within the democratic principles of One Zambia; One Nation.

Quoting the Bible, the statement emphasized the importance of recognizing the right time for different pursuits—drawing a clear line between development-focused activities and political engagements. With no impending by-election in Bahati, the focus shifts entirely to the development agenda for the constituents.

During the visit, President Hichilema expressed enthusiasm for the innovative skills development initiatives taking place at the institute. Notably, learners showcased their ability to assemble high-quality desks using recycled materials, exemplifying the kind of creativity and sustainability the government aims to promote nationwide.

President Hichilema emphasized the government’s dedication to promoting local industries and job creation, stating that no school under the UPND administration would be allowed to import desks. The focus is on empowering local communities, fostering skill development, and generating employment opportunities.

The President underscored the importance of a productive Zambia, urging citizens to work diligently and in an organized manner to achieve national development goals. The commitment to skills development aligns with the broader vision of the UPND government to create a more prosperous and empowered nation.

President Hakainde Hichilema’s visit to the Mansa Trades Institute follows the government’s pledge to prioritize education, skills development, and job creation. The CDF project at the institute is just one example of the initiatives aimed at equipping Zambians with the tools they need for personal and national growth.

The day will come when people will be called to account – DPP

By Fanny Kalonda in Livingstone

DIRECTOR of Public Prosecutions Gilbert Phiri says there is need for rules that truncates period within which cases can be heard.

And Phiri explained that sometimes a nolle prosequi is entered to restart the case at an opportune time in future adding that there is rarely malice involved.

Phiri noted that however long it takes for the wheels of justice to grind “the day will come when people will be called to account”.

“You see the wheels of justice grind slowly you know. Cases take too long but they grind anyway. No matter how long it takes, take it from me, the day will come when people will be called to account. I admit, we may not be as fast as we should be because of public expectation, because also we have watched so many movies where a movie that last 90 minutes there’s a trial and conviction but real life doesn’t work that way unfortunately,” Phiri said during the 2023 Zambia Anti-Corruption Conference. “The perception that prosecutions tend to be discontinued because of interference, and cases tend to be discontinued. I understand that sentiment. I understand, it’s a fair observation and I have heard it spoken about. However, one of the things, this is one of the reasons why we want to publicise our prosecution manual so that the public understands how the charging decisions are made. What are the considerations that go for example in entering a nolle prosequi, discontinuing a case? There is no secret to it. Soon you will be seeing it once it is launched on our website. And there will also be hard copies because we believe we have a duty to the public. The public needs to understand these things. They are key stakeholders. However, some of the reasons that inform why cases are discontinued are because maybe there is a settlement agreement with an accused person. So obviously, the case has to be discontinued. In other cases, there is plea bargaining where an accused person decides to plead guilty to a lower charge. So instead of aggravated robbery, for example, the accused person says I can plead to theft for example. So the court of course convicts the person and you save judicial resources, prosecutorial resources. And sometimes you can foresee that you’re not going to secure a conviction because of either technicalities or an issue that was not attended to during investigation, so you can enter a nolle with a view to restarting the case at opportune time in the future. So there are all these considerations which necessitate why a case must be stopped or withdrawn from court and rarely is there malice involved. I’m sure that’s the concern of the public.”

Phiri said law enforcement agencies can do better in cases where they arrest people when investigations are still ongoing.

“… the current cases, and the proclamation by the President [that] don’t arrest before you conclude investigations and cases are dragging, I agree. We can’t run away from that fact. People have been arrested but not arraigned in court and the appearance that it gives is as though you are still investigating the case and the only response I can give is that we can do better. What we do at the NPA (National Prosecution Authority) is we engage with law enforcement – police, DEC (Drug Enforcement Commission). We have a situation where there’s a back and forth, you have to cover all the tracks before we can make the decision to take the matter to court. So it’s a work in progress. This continuous liaison sometimes when you see someone is arrested and they’re not in court is because there’s something going on there. Maybe the prosecutor needs to be convinced that you’ve covered all the bases that would be one of the reasons for the delays. But I’ll not discount the fact that sometimes these arrests could have maybe waited a bit,” he said. “We are collaborating very well, we have the interagency taskforce chaired by the DPP and all law enforcement agencies including registries like lands, PACRA and recent organisations that joined with the Security Exchange Commission. So altogether we have 21 agencies working together under a framework. Though it is primed at asset recovery, but we are coordinating. So there are certain cases for example of course, I can’t comment on the merits of the case which is before court but I’ll use it for illustrative purposes, the goldgate scandal. So you have had the immigration looking at one facet, Anti-Corruption looking at the facet of corruption, Drug Enforcement Commission as the anchor. We have the police working together with the prosecutors and addressing all aspects of the case. So on numerous other cases we are working together. In short we are improving our collaboration and will make it better going forward.”

Phiri called for amending the Constitution in that regard.

“And then when I made reference to plea bargain, it was in the larger scheme of how a case can end and a case can end because we actually even have an Act. The plea negotiation and agreement Act and under that Act the prosecutor or even an accused person can initiate a bargain for reduction. So it’s part of the law. So it’s one way of ending a matter. So it’s legal,” he said. “I think that we need to educate the public more to understand that there are avenues in the law that can be used instead of going towards prosecution but to halt it. These are provided by the law. As to whether those are moral or not is another question but as to whether they are legal indeed because the law provides for them.”

Phiri stressed the need to amend the Constitution, by amending the definition of public officers to include DPP, Secretary to Cabinet, all permanent secretaries “so that if we dip our fingers in the cookie jar we can be prosecuted”.

“So someone gets drunk and insults someone in the market or kicks their merchandise and they are taken to the police station and a trial takes three years, in those type of instances a diversion programme would work best instead of we populate the prison population and spend prosecutorial resources to prosecute an ill-mannered person without manners. So when we institute diversion, we are going to reduce prison population but also reduce the workload for the judges and conserve resources, prosecutorial resources,” he said. “This is why you have settlement agreements, plea bargain. It’s to go towards that end. It is not everything that you should be prosecuting. Is the law really the problem? Not really. We have the legal infrastructure. Yes there are ways we can enhance and strengthen. One of the biggest problems we have is with the definition of a public officer in the Constitution, which definition does not encompass controlling officers and even I as a constitutional officeholder including the Attorney General, the Solicitor General and the others do not fall under the definition of public officer. Now the problem is in the anti-corruption Act most of those offences that have to deal with abuse they are against public officers. So now when you remove in fact, the 2016 amendments to the Constitution created three classes; constitutional office orders, state officers and then public officers but the most important officers of the state who wield authority are not captioned under public officer making a nonsense of the anti corruption Act. So when I was Anti-Corruption Commission we could not use those provisions against certain public officers. Those provisions, I think, it’s part three that has jaws we could not use them because the reference was public officer and the permanent secretary according to the Constitution is not a public office. So we have those weaknesses. So I remember we used to latch on to one provision which I think the drafters must have been tired, so instead of saying public officer they said any person, so we would go for that one which says any person. We say we use this one but I mean really the law must be clear. What is the remedy? The remedy will need will mean amending the Constitution. Amending the definition of public officers to include DPP, Secretary to Cabinet, all permanent secretaries so that if we dip our fingers in the cookie jar we can be prosecuted.”

Phiri said the law is not really the problem. “Yes there are deficiencies. You know there is this issue of human behaviour that you can’t really regulate. You can’t control it you know. There’s just, it’s just the nature of the beast. Now why are we failing to curb corruption? I think we are doing our best. I think the Anti-Corruption Commission is working. It’s doing its best. Of course, we have resource control constraints. We are understaffed and all these things but the will and the desire is there and the aspect of low convictions I agree. I mean we can’t run away from the fact. I’ll tell you one of the problems and which is a problem that we are hoping to rectify,” he said.

Phiri noted that there was a problem where people accused of corruption delay the trial by raising preliminary issues because they have the money.

“You arraign people for corruption before the courts they will hire 10 lawyers because obviously he has money. He wasn’t born with this money, he stole the money. So he brings 10 lawyers against a single prosecutor and all these 10 lawyers each will raise a preliminary issue. By the time the court…I was in a meeting in some place where we heard the story of Zimbabwe where an accused person took four years raising preliminary issues. Four years is battery of lawyers. He had the money, he had the best lawyers. By the time the trial starts, the judge is either dead, promoted or transferred. This is a problem that we have. President Frederick Chiluba, his case took eight years. Eight solid years he had a good legal team. They dragged the case or the case just dragged. After eight years, acquitted. Katele Kalumba how many years? 20! General [Sande] Kayumba from 2001, the case concluded, the judgement was delivered January 2023. Guess the verdict? Acquitted, give him back his property. Now the problem is this, we need rules of court that truncates the time period within which these cases can be heard. And the power should be in the judge. You come you’re saying you have an adjournment, sorry you can’t because regulation so so so says you can’t. So we are proceeding today. Or you’re not proceeding, your case has closed,” suggested Phiri. “Now of course there are human rights dimensions to this aspect. So that explains why we have low convictions, is, because trials take too long and we do not have rules [to] truncate but I know that the situation may be about to change.”

And Dr Obrien Kaaba, from the academia, said people should not be celebrating recovered assets that were stole because they already belong to the people.

“Our institutions should be firstly independent. Go after the corrupt without fear or favour whether past corruption or present corruption. We need to put in place good laws and implement them effectively. We need to prosecute these cases aggressively and as the Swedish Ambassador stated, although it is good to recover assets but if we are just ending there basically we are rewarding corruption because these are public resources which were gotten. So we are not punishing the people, so we also need to go aggressively in prosecuting and convicting these people,” said Dr Kaaba. “So we shouldn’t even be celebrating that we have recovered something because this is already something which belong to the people. So our celebration should be in the fact that we have nailed someone who had stolen from the people and the person is put behind bars.”

Alliance for Community Action programmes manager Jimmy Maliseni said there is need for people to show the benefit sides of democracy, integrity and ethical conduct.

“I don’t believe that we are inherently corrupt because to say that would mean that we are probably born corrupt. You cannot have 20 plus, one million people born inherently corrupt. But I think that like the DPP said we find ourselves in cultural practices that we then inherit as our own and that perpetuation of celebrating corruption for example, not being very critical of how people accumulate wealth, all work together to defeat the ends of justice but also to defeat our aspirations to push against this particular culture,” said Maliseni. “We need to begin to show the benefits, the dividends or the positive sides of democracy, of integrity, of ethical conduct. Either… we have seen the benefits of corruption and I have always argued that the corrupt in this country have found each other and they call that connections or favour stressed in so many ways. But we that believe in ethics, believe in ethical conduct, and integrity usually only often meet in settings like this one. When we leave here, DPP goes his way, you go yours, I go my way. When the corrupt leave a meeting like this one, they are exchanging business cards. They are influencing what the integrity committees, our procurement committees, are going to decide in terms of public procurement and all of that. So essentially changing this culture partly begins with us finding each other in these difficult spaces where corruption actually does take place. And that is where we as civil society must come in to begin to educate the public to understand the link between the level of quality of services they’re able to access and the way that we’re managing our public resources.- The Mast

CIVIL SERVANTS AWARDED K550 SALARY INCREMENT ACROSS THE BOARD

Government and the Public Service Unions have agreed to review the salaries and some conditions of service for Public Service employees effective 1st January, 2024.

ZANIS reports that this follows a 10 days’ negotiations with representatives of 19 workers’ Union in Chilanga District.

In a press statement jointly issued to ZANIS in Chilanga today, signed by Public Service Management Division Permanent Secretary, Margaret Miyoba and representatives of the Unions, the parties have agreed to increase the salary by Five Hundred and Fifty Kwacha across the board.

The parties have also agreed to revise the rate of transport allowance from 15 percent to 20 percent of the monthly basic salary.

The parties further agreed to revise the rate of meal allowance from One Hundred Kwacha to One Hundred and Thirty Kwacha.

“Other existing conditions of service for the Public Service employees will continue to apply,” stated the statement in part.

Government and the Public Service Unions have further agreed to continue engaging to resolve some outstanding administrative matters relating to conditions of service.

And during a press briefing, United Public and Allied Workers Union of Zambia president Foster Matakala said public workers unions have agreed to review the salaries and some conditions for Public workers effective 1st January, 2024.

Mr. Matakala who spoke on behalf of other Unions said this is the best offer for now considering the economic challenges that the country is facing.

“We know the challenges that our country is going through and we cannot demand beyond what the Government can afford,” said Mr. Matakala.

He said in the last 10 days, various technocrats came through to explain and give the Government position on how it was performing saying the offer of K550 across the board is fair.

And speaking at the same event Deputy General Secretary for the United Health and Allied Workers Union of Zambia, Inambao Sitwala, said the K550 offer from the Government is fine considering that it is employing more public workers in the health and education sectors, who have to be on the payroll by 1st January 2024.

” We understand that with the employment of more public workers later this year, the wage bill will increase and this is why we accepted what the Government can afford at least for now,” said Mr. Sitwala.

The Need for a New Women’s Movement: Lipstick Women and the Dissatisfaction with NGOCC

By Dr Mwelwa

In a recent press briefing, women from various political backgrounds came together to voice their concerns about the National Women’s Lobbying Group (NGOCC), claiming that it has lost its original purpose and become an organization catering solely to women in positions of power and privilege. These women argue that NGOCC has abandoned its grassroots origins and transformed into a platform for “lipstick women,” the elite who are disconnected from the realities faced by ordinary women.

Their grievances stem from a recent incident involving the NGOCC Chairperson, who expressed solidarity with the Speaker of the National Assembly, Ms. Nelly Mutti, after she faced a motion of impeachment brought by opposition MPs. Prior to the scheduled vote on the motion, the MPs were abruptly suspended, raising concerns among stakeholders and even accusations against Mutti for breaching the constitution.

NGOCC’s show of support for Mutti without consulting its members has caused controversy. Critics argue that the chairperson’s actions undermine the organization’s credibility and legitimacy, as her decision seemingly disregarded the collective voice of the women NGOCC claims to represent.

Prominent women who participated in the press briefing, including President Edith Nawakwi of the Forum for Democracy and Development (FDD), President Saboi Imboela of the National Democratic Congress (NDC), President Chishala Kateka of the New Heritage Party, and Honorable Given Katuta Mwelwa, a Member of Parliament from the Chienge Constituency, highlighted the need for a new women’s movement that addresses the concerns of all women, regardless of political background or social status.

These women argue that the time has come for a fresh movement that prioritizes grassroots empowerment, inclusivity, and genuine representation. They envision an organization that incorporates the voices of everyday women, rather than focusing exclusively on the elites and those in positions of power.

The call for a new women’s movement stems from the belief that NGOs like NGOCC have lost their way and no longer effectively advocate for women’s rights. The current system, they argue, perpetuates a cycle of exclusion and marginalization, where the concerns of ordinary women are overshadowed by the interests of a few privileged individuals.

To address this, the proposed movement would prioritize the restoration of grassroots engagement and the amplification of women’s voices across all sectors of society. It would strive to bridge the disconnect between women in power and those they claim to represent, ensuring that decisions are made collectively and reflect the diverse needs and aspirations of women from all walks of life.

Critics may argue that the existence of multiple women’s rights organizations already addresses the concerns raised by these women. However, they contend that a new movement is necessary to revitalize the fight for gender equality and redirect the focus back to the women most marginalized and affected by deeply rooted inequalities.

In conclusion, the press briefing held by influential women from various political backgrounds shed light on the need for a new women’s movement that genuinely represents grassroots women and addresses their concerns. The current state of affairs within NGOCC and other similar organizations highlight the urgency for change. This proposed movement would strive to bridge the gap between women in power and ordinary women, working towards a society where every woman’s voice is heard and gender equality is truly achieved.

When The Hunter Becomes the Hunted, the Case of PF & UPND

By Daimone Siulapwa

In a political turn of events, the United Party for National Development (UPND), once the hunter, now finds itself hunted by the very forces it dislodged out of power.

Having ascended to power with a multitude of promises and what many now perceive as strategic propaganda, UPND in government has been met with a formidable counter-attack of propaganda from the PF.

Two and a half years into their governance, UPND struggles to rein in the economy, manage escalating prices of essential commodities, and stabilize the depreciating kwacha.

The PF, now in opposition, has mounted a comeback with a vengeance, employing an onslaught of propaganda that almost surpasses the tactics used by UPND during the 2021 elections.

The PF’s experience in the art of political manipulation is evident as they skilfully set the narrative on various genuine and fabricated issues, including fishing out HH’s classical promises from the archives of social media, such as facebook. Boy its entertaining.

Meanwhile, UPND, once the aggressor, now finds itself in a defensive position, reminiscent of a headless chicken darting aimlessly in response to the relentless pursuit by the seasoned cockerel, the PF.

This reversal of roles underscores the volatile nature of Zambian politics, where the tides of power can swiftly change direction. All this has happened within two and half years.

As UPND grapples with the challenges of governance, the PF’s resurgence highlights the potency of well-crafted propaganda and strategic narrative control which the UPND should watch out for.

A case in example is, why was Bowman Lusambo allowed to organise a horde of cadres and sympathises for his police appearance in kabwe? No experienced government would make such a mistake, UPND fail straights in the laps of PF’s bait.

In this high-stakes political game, UPND’s earlier success in hunting down the PF has come back to haunt them. The PF, leveraging their experience and mastery of political manoeuvring, now relentlessly pursues UPND day and night, leaving the ruling party on the defensive.

Our political landscape, once dominated by UPND’s promises and aggressive tactics, now witnesses a role reversal where the PF, with a renewed sense of purpose, which has mostly been created by UPND’s many mistakes, sets the tone and direction of the political and economic narrative in Zambia.

Furthermore, as UPND struggles to navigate economic challenges and quell public discontent, the PF’s onslaught, fuelled by propaganda and jealous compounds the pressure on the ruling party.

In analysing this political tug of war, it becomes evident that the sword of public opinion is a double-edged weapon. The electorate demands accountability and results, and failure to deliver invites repercussions and UPND’s current defensive posture highlights the importance of effective governance beyond the realm of promises and propaganda.

UPND’s journey from the hunter in 2021 to the hunted in 2023, serves as a cautionary tale about the unpredictable nature of political fortunes. As citizens advocating for democratic rights and checks and balances, it is imperative to scrutinize the actions of both parties.

While UPND must address the economic challenges head-on and communicate transparently with the public, the PF’s responsibility lies in ensuring that their newfound momentum is not merely a result of effective propaganda but is backed by substantive policies and actions that benefit the Zambian people.

24/11/23

Daimone Siulapwa is the Editor-in-Chief of The Voice Newspaper. He is also a political analyst, an advocate for tribal unity and Citizen Economic Empowerment.

For comments or any Media and creative speech consultation, send your email to dsiulapwa@gmail.com

The Power of Dialogue: Wisdom in Finding Common Ground

By Dr Mwelwa

In the midst of conflicts and disputes, there lies a silent yet powerful tool that holds the key to resolution – dialogue. Dialogue, with its inherent wisdom, has the potential to mend broken relationships, bridge differences, and pave the way for a harmonious future.

In the political spectrum, where power struggles and ideological clashes prevail, dialogue becomes all the more essential. The recent turmoil within the former ruling party, the Patriotic Front (PF), calls for a wise and diplomatic approach to find common ground and heal the ruptures that threaten to tear them apart.

Amidst this turmoil, the suspended National Chairman for PF has extended an olive branch, calling for dialogue as the means to resolve their conflicts. This plea acknowledges the power inherent in conversation, the ability to transcend differences and work towards a shared goal of unity and progress.

But the responsibility lies not solely on the shoulders of the suspended Chairman. It is also incumbent upon President Lungu, with his statesmanship and diplomatic experience, to embrace this opportunity for dialogue. By engaging with Hon. Miles Sampa and his faction, President Lungu can demonstrate leadership and a commitment to saving the former ruling party from further division.

Opting for dialogue, rather than litigation, is wise for several reasons. If the parties were to insist on using the courts as their battleground, they would only delay the resolution of their problems. Litigation is notorious for its costs and time-consuming nature. The financial burden of legal fees and the extended duration of court proceedings can take a toll on the parties involved and hinder the timely resolution they seek.

Furthermore, litigation offers no guarantees. The uncertain outcome, dependent on the judgment of a judge or jury, only adds to the stress and anxiety of all parties involved. Rather than subjecting themselves to a rollercoaster of uncertainty, dialogue empowers them to take control of their own destiny.

In contrast to the adversarial nature of litigation, dialogue fosters an environment where parties can express their views, listen to one another, and find common ground. It allows for a genuine exchange of ideas, a respectful exploration of different perspectives, and a recognition of shared goals. By working together towards a mutually beneficial solution, dialogue has the potential to preserve personal relationships, especially in cases where the individuals involved have a history that extends beyond the current dispute.

Privacy is another significant advantage of dialogue. Unlike litigation, which exposes personal and sensitive information to public scrutiny, dialogue allows the parties to maintain confidentiality. This protects their reputation and avoids unnecessary damage that might arise from public exposure.

But perhaps the most valuable aspect of dialogue is its ability to build bridges. It transcends the barriers that divide and foster animosity, replacing them with understanding and empathy. Through dialogue, the PF can unite its members, rebuild trust, and emerge stronger, ready to face the challenges that lie ahead.

As the Nation faces a potential constitution amendment, unity and strong opposition are crucial to safeguard the interests of the Zambian people. By engaging in dialogue, the PF can unite under a common purpose and craft a strong, organized opposition that can effectively counter or oppose any constitutional amendment that may threaten democracy or the welfare of the nation.

In the grand tapestry of conflict resolution, dialogue stands as an invaluable thread. Its wisdom lies in its ability to bring people together, to heal wounds, and to cultivate understanding and compromise. Let us, therefore, embrace dialogue as a powerful tool, and through it, pave the way for a brighter, more peaceful future.