Thursday 16th November 2023

PRESIDENT HAS NOTHING TO DO WITH DETENTION OF SUSPECTED LAW BREAKERS

We have once again encountered insinuations that Republican President Hakainde Hichilema is responsible for the arrest of opposition leaders in the country.

Firstly, no opposition leader has been arrested based on their societal positions, and the President has nothing to do with citizens engaging in unlawful activities. Despite the global economic challenges, the President is diligently working to revive the economy and restore the rule of law, notwithstanding a heightened malicious campaign against his efforts. Malice against the President is something his opponents have employed all his political life. But he is unequivocal in ensuring the rule law is respected in this country.

Accusations of arresting opposition leaders are therefore unfounded and ill conceived. No one has been arrested solely for being an opposition leader or hailing from certain regions; however, some citizens have been detained on suspicion of criminal offenses. Being an opposition leader doesn’t grant immunity to lawlessness. This will not be accepted, now or in future.

It’s crucial to clarify that no individual in Zambia will be shielded from the law based on their political affiliation. The law will be applied impartially, fairly, and resolutely. State institutions will act within legal boundaries to prevent the country from descending into lawlessness and complete anarchy.

Political parties are very important for a thriving democracy, but citizens will not allow that they be formed for criminal activities. Everyone on Zambian soil, regardless of political affiliation or regional background, is subject to due process, if suspected of violating the country’s laws.

We trust our Police Service to make arrests based on suspected lawbreaking, adhering to the rule of law. We appeal to all Zambians and stakeholders to condemn criminal activities hiding behind opposition politics.

Despite being a longer-serving and larger opposition party, we adhered to the law. Being in opposition shouldn’t excuse lawlessness. It’s essential to question why today, being in opposition seems to grant a license for lawlessness, defended by those who should uphold the law.

It’s crucial to support the police maintaining law and order, not turning weapons against them. Our plea is for all Zambians and stakeholders to condemn criminality rather than accusing the Presidency of instructing arrests.

The President is focused on national development and doesn’t instruct police on arrests. The police follow legal protocols, knowing when the law is broken and how to handle suspected lawbreakers. Citizens should use civil language, avoiding conflicts with the law. Believing that conflict with the law increases chances of ascending to the Presidency is flawed reasoning and delusional.

Clayson Hamasaka
Chief Communications Specialist
State House

HH SHOULDN’T BE COMFORTABLE ABROGATING THE CONSTITUTION – MUKANDILA

…because the same number that is required to bring a notice of motion to impeach a speaker is the same number required to bring a notice of motion to impeach a President

Lusaka, Thursday, November 16, 2023 (Smart Eagles)

Patriotic Front (PF) member and Lusaka lawyer Celestine Mambula Mukandila has warned President Hakainde Hichilema not to be comfortable with abrogating the law.

Appearing on Millennium TV yesterday, Mr Mukandila revealed that there are some MPs from the UPND who are against the abrogation of the Republican Constitution.

The potential incoming Matero MP disclosed that the MPs in questioned vowed that they will protect the integrity of both the Constitution and parliament.

The lawyer was thrilled with the motion of impeachment against the Speaker of the National Assembly whose conduct has been questioned by numerous stakeholder.

“This President should not comfortable with abrogating the law, day in day out. because the same number that is required to bring a notice of motion to impeach a speaker is the same number required to bring a notice of motion to impeach a President.”

“They should not be comfortable. They should know to say these members of parliament that they have today who have sworn to protect and defend the Constitution of the Republic of Zambia.”

Following remarks by Information and Media Minister Cornelius Mweetwa that PF needs prayers, Mr Mukandila asserted the positon.

He sighted various reasons as to why the former ruling party need prayers.

“Of course, as a matter of fact, we need prayers. We are not children of a lesser God, the Patriotic Front is founded on biblical principles… and the Patriotic Front will remain as such. We shall remain a prayerful party. The reason is simple. There is a destructing government in place. We have got a government which is infusing a lot of brutality of political parties and the citizens. We have got a government that has got evil tendencies of ensuring that they get rid of all opposition political parties,” he said.

“We have got the government that has brought the democratic space of this country to worst scenarios where we cannot comprehend. We have got this government which has blatantly abrogated the law. And these individuals in government are not even shy.”

He said it is very sad that the President Hichilema led administration keeps abrogating the Constitution.

“It is very sad that day in day out they are abrogating the provisions of the Constitution… they are abrogating all process and procedures of government… we have seen what has happened in the national assembly where the speaker was acting on a letter that was written by a person unverified to have been a member of the Patriotic Front,” he said.

“We have seen the list of office bearers for the Patriotic Front. It is different as compared to the list the Speaker decided to act on.”

PF PASSED A CYBER LAW TO DEAL WITH SOCIAL MEDIA CRIMES AND OTHER ILLEGAL POSTS, AND WHEN IT IS ENFORCED BY POLICE , THEY ARE BLAMING HH. POLICE ARE ONLY ENFORCING WHAT YOU MADE .

By Mark Simuuwe

PF members busy plotting lawlessness on social media by posting fake news with intent to cause chaos , and wants the law to spare them.They believe a politician must break the law and go unpunished.

Then they are crying of shrinking political space when they are arrested for illegal facebook or social media postings . But they have forgotten that the law being enforced is the cyber law they made themselves.

You have control of your activities on social media and everything that you post . So if arrested , know that there is a Cyber Law being used .

This is not PF in government where you were exporting Mukula illegally, killing citizens , using unregistered guns , without being arrested . Some were getting paid for contracts not executed .

You scheme lawless behavior on social media , writing about innocent citizens in government accusing them of plotting against you just for the sake of you deceiving the public and gain sympathy .

Blame it on yourself . Zambians gave the UPND the mandate to restore law and order .

As you also publish fake news , do not forget that you passed the Cyber security and Cyber Crime law . It will deal with you in the manner you passed it .

We have Silavwe and PF complaining over social media posts that are making them get arrested . But they have forgotten that they passed a Cyber law . Police are simply enforcing what you gave them .

Do not blame others for your social media reckless posts , especially when you know you passed a law to regulate that . The law should not be blamed for political space reduction because you passed it .

What is hammering them right now is the same law they were praising during deliberations. Silavwe was chairing an organization to ensure this law was passed , and all these opposition connived to support the Cyber but only failed to pass bill 10 .

NJALA: UPND’s Struggling Agenda for Economic Stability

By Daimone Siulapwa
In the aftermath of the 2021 elections, the United Party for National Development (UPND) ascended to power with promises of tribal unity, inclusiveness, sound financial management policies, economic prosperity, and a commitment to upholding the rule of law.

However, the stark disparity between these assurances and the harsh reality on the ground is impossible to ignore. To mention just a few, the cost of living has skyrocketed, infrastructure projects are at a standstill, and important economic sectors have been left to wither.

While the UPND champions an improved international image and strict financial controls, the consequences of their actions have been felt by the average Zambian. The surge in the price of essential commodities like fuel, electricity, mealie meal and cooking oil has created a burden that many citizens find increasingly difficult to bear. NJALA (hunger) is now an everyday common word people are tossing around.

With no adequate cash flow in the economy and now the prostituting kwacha, the result has been massive job loses and closure of SMEs as they fail to sustain themselves. The bulk of the trickle dawn economic challenges, affect the end dawn of the poorest in our society, who in effect are the majority voters.

The rejection of the Patriotic Front government in 2021 was not only as a result of foreign economic and trade policies or caderism, it stemmed from the perceived misuse of power and resources.

The PF lost touch with the majority of citizens, taking them for granted and subjecting them to daily abuse, including opposition leaders like HH, with blatant impunity and a disregard for the rule of law. They let loose their cadres and the police on innocent citizens and caused irreparable damage in the lives of many, including death. UPND can’t surely forget that this early.

Recent rumors indicate a troubling trend—suggesting that the UPND may be weaponizing the national treasury by obstructing contracts and payments associated with the previous regime. While this political maneuvering might offer short-term satisfaction, it carries dire implications for the Zambian economy and has bad consequences for the future.

The shutdown of numerous government-funded infrastructure projects initiated by the PF regime has left the once-thriving construction industry idle. This has not only impacted a substantial portion of the labour force but has also trickled down to affect businesses supplying materials and service consultants.

Agriculture, a vital sector for our nation’s food security, has not been spared from this upheaval. The non-payment of maize farmers and rural transporters, coupled with the collapse of the Farmer Input Support Program (FISP), has contributed to soaring food prices.

The failure of fertilizer distribution further worsens the situation, pushing essential commodities out of reach for many of our impoverished farmers. Early this week, farmers in Senanga took to peaceful protests to air their grievances, emphasizing that, “We are not politicians but farmers.” This should indeed be a serious wake up call, for the powers that be and as it could be the beginning of a revolt if not contained.

Furthermore, the absence of a clear strategy for the Copperbelt, despite the nation’s wealth in copper and emeralds, raises concerns about the sustainability of these resources for the benefit of the local population.

The mining sector, a cornerstone of our economy, appears to favour foreign interests, leaving once-vibrant cities like Ndola, Mufulira, Kitwe, Luanshya, and Chingola resembling ghost towns, what a tragedy.

The lucrative emerald and copper mines contribute billions of dollars to foreign cartels, with minimal reinvestment in local infrastructure or the well-being of communities. Even major public-private partnership projects (PPP), such as the Ndola-Lusaka Dual Carriageway, offer no tangible financial benefit for local companies and citizens.

As the economic pillars sustaining Zambian livelihoods crumble, the UPND must urgently reassess its approach. Allowing businesses to operate without undue political interference is cardinal for economic rejuvenation, after all, we are all one people.

The current trajectory of economic decline contradicts the core UPND message of revitalizing the economy. It is imperative that the government addresses these pressing issues, fostering an environment where businesses can thrive, infrastructure projects can resume, and the well-being of the Zambian people takes precedence.

The people’s mandate for change should translate into tangible improvements rather than exacerbating the challenges faced by the nation.

We must always remember that, there was UNIP, MMD and PF before UPND. It is now the responsibility of UPND as per their campaign promise, to ensure that the national cake is shared fairly among all citizens of this country, regardless of the behaviour of previous governments. The one million extra vote they got, must surely stand for something.

Theirs, is to be the bigger government that unified Zambia, we can no longer afford to have future vengeful governments in waiting whether it is tomorrow, three or ten years from now. UPND must help bury the hatches, once and for all.

16.11.23

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. Send your comments to dsiulapwa@gmail.com

Zambia’s official creditors including China rejected a deal the country struck with its international bondholders because they believed its “base case” scenario did not deliver debt relief comparable to what they offered in a separate deal, two sources familiar with the talks said.

Official creditors said the agreement in principle, which the International Monetary Fund (IMF) also rejected, did not comply with “Comparability of Treatment”, said the sources, who declined to be identified as the discussions are private.

Zambia announced on October 26 that it had clinched an agreement in principle with its international bondholders – a key step for the country whose debt rework has been beset by delays since it defaulted in 2020.

The announcement sparked a sharp rally in Zambia’s three outstanding bonds, which has been partially reversed since Zambia said on November 10 that official creditors and the IMF had “expressed reservations” about the deal, sparking fears that the country’s drawn-out default could be extended still further.

Both bondholders and official creditors had proposed extending the maturity of Zambia’s debt and that it be paid back quicker if the country’s economy performs better than expected. The bondholder deal proposed they would be paid more than $700 million before 2026 in the base case, while official creditors had offered a longer three-year grace period.

Bondholders would need to offer more debt relief in the base case scenario for the deal to be acceptable to official creditors and the IMF, one of the sources said.

“There were marginal deviations in positions and these deviations are being discussed. As it stands, the IMF may be in a position to support the adjusted terms as compatible with Zambia’s programme parameters,” the second source added.

A spokesperson for Zambia’s finance ministry contacted on Wednesday pointed to a statement published on Tuesday that said there were “continuing discussions” with the group of bondholders, but that no further comment could be made as the negotiations are being held under Non-Disclosure Agreements (NDAs).

An IMF spokesperson referred to a statement on Friday that said that “modifications are needed to bring this initial proposal more fully into line with the requirements of the IMF program” and declined to comment further.

Representatives for the negotiating committee of the international bondholder group declined to comment and the Paris Club, which acts as a secretariat for developed creditor nations, did not immediately respond to a request for comment.

China’s foreign ministry said all creditors should offer debt relief “in accordance with the principle of ‘common action and fair burden’,” in faxed comments on Monday in response to Reuters questions about what the “reservations” on the bondholder deal were.

Reporting by Rachel Savage and Karin Strohecker; Additional reporting by Marc Jones, Editing by Alexandra Hudson

SOURCE: reuters

LAZ sees government involvement in PF wrangles

THE Law Association of Zambia (LAZ) says the conduct of various state institutions has clearly demonstrated a narrative that government is interested in legitimizing the actions of one faction of the Patriotic Front (PF) over the other.

The association has expressed concern over the current happenings surrounding the former ruling party stating that they do not justify interference by external stakeholders including the government.

According to a statement issued by LAZ president, Lungisani Zulu, the association has noted that the country’s democracy is only assured with robust political parties, both ruling and opposition stating that exercise of the freedom of association and Assembly by citizens and their right to have a say in matters Of governance cannot be fully assured without strong democratic political parties.

According to LAZ, the Speaker of the Nation Assembly, Nelly Muti, proceeded to act on the instructions of one faction, and effected changes to the leadership of the National Assembly even when fully aware that the matter was being contested among the parties in the courts of law, something that the association finds to be wrong.

“It is an established practice steeped in Commonwealth Parliamentary tradition that parliament does not act on matters which are sub judice. The Speaker should have insisted on being satisfied that ‘elections’ were held in respect of any changes to the position of the leader of the Opposition in Parliament at the very least, on account of being fully aware different factions in Patriotic Front Leadership, so as to protect the House from any potential embarrassment.

“Additionally, Article 74 of the Constitution, on the procedure for election of the leader of opposition, requires that the opposition political party with the largest number of seats in the National Assembly must elect a Leader of the Opposition from amongst the Members of Parliament who are from the opposition. Election of the Leader of Opposition is therefore not an internal party matter, but a Constitutional issue Of immense public interest. As the Head of the Legislature, the Speaker must ensure,” stated Zulu.

Zulu further said that LAZ Will therefore move the Constitutional Court to make pronouncements on the procedure for electing the leader of opposition to bring the much-needed clarity, especially that precedence does not appear to be adhering to the requirements Of the Constitution.

LAZ has also named the current development concerning the register of societies, Thandiwe Pruri Mhende to be very troubling and most unfortunate especially that there is insinuation that a subpoena issued by a court of law does not have force of law and can be ignored or disobeyed by a civil servant at will or that a court document subject of proceedings can be impugned outside the court room

“We are also aware, that the Registrar of Societies, Mrs. Thandiwe Mhende, is subject of a subpoena issued by High Court Judge Honorable Justice Mr. Timothy Katenekwa and pursuant to the said subpoena. She produced a register for the office bearers Of Patriotic Front which shows that there were no changes. Following this production, the Registrar was surrendered to the Cabinet Office, which is never meant as a promotion in public service and the produced register has purportedly been called into question by the Ministry.

“We find this development very troubling and most unfortunate especially that there is insinuation that a subpoena issued by a court of law does not have force of law and can be ignored or disobeyed by a civil servant at will or that a court document subject of proceedings can be impugned outside the court room,” stated Zulu.

Zulu argued that the acts of sanctioning civil servants for complying with court orders and summons from the courts of law is highly condemnable by the association as such incidents have the danger of cowering public servants into doing illegal activities to please superiors, a conduct that is injurious to citizens and ultimately subject of civil servants’ actions while the rule of law demands that Government action must be based on legal principles, and those who comply With the law in their actions must be commended, not condemned.

“We Want to be categorical that a subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial, which summons must be obeyed, failing which the person summoned can be punished by the court. It is therefore a compelling order which attracts punitive sanctions at the instance Of the court that issued it,” said Zulu.

Further, he noted that the association was not privy to the reasons for the surrender of the Chief Registrar of Societies, as the sentiments so far suggest that it could be attributable to her complying with the subpoena.

“Various statements from Government Officials suggest a preference for one faction of the Patriotic Front being recognized the legitimate leadership of the party of the other and LAZ wants to repeat its call for Government Institutions to stop intermeddling in the internal affairs of a political party. Let the Court do its job and finally settle the disputes of warring parties,” Zulu stated.

By Buumba Mwitumwa

Kalemba

SHE SHOULD BE ARRESTED

By Sakwiba Sikota

I was alarmed to read what was said and written by someone who has fallen out with the top man in government. The words used were strong and very harsh. I do not know whether they were fair or not but it is upto you to judge.

The stinging admonishing of the leader was, “You have manifestly and repeatedly failed to deliver on every single one of these key policies. Either your distinctive style of government means you are incapable of doing so. Or, as I must surely conclude now, you never had any intention of keeping your promises.
These are not just pet interests of mine. They are what [you] promised the ….. people in [your]…… manifesto which led to a landslide victory. They are what people voted for ……..
Our deal was no mere promise over dinner, to be discarded when convenient and denied when challenged.”

It seems that ladies are much more prepared to call a spade a spade and are not mere praise-singers like most men are. Lots of promises were indeed made by the leader to the people but sadly very few were met.

To say the leader has ‘manifestly and repeatedly failed to deliver’ , ‘ incapable’ ,and that he ‘never had any intention of keeping [his] promises’ , shows a total lack of respect of the great infallible leader. This is seditious and could lead the people to feel disaffected from government. Infact it is possibly espionage.

Praise-singers often demand that whoever says anything negative of the government and its leadership must be summoned to the police, interrogated and detained for a number of days in police cells. Police bond should conveniently not be given. This will teach her a lesson she will never forget.

This is not the first time this lady has shown that she has no respect for high authority. The allegations against the leader are in writing and she cannot therefore deny in a court of law that she made them.

I shudder to think what fate awaits her. We should all make appeals on her behalf to the British High Commissioner to Zambia, Nicholas Woolley.

I know that she was just bitter about losing her job and acting out of frustration and emotion. She should, however, have thought long and hard before putting pen to paper in such a way. She should have known what the Commonwealth position is.

Suella Braverman best be mindful (and can even consult High Commissioner Woolley to confirm) that if she made such statements about the leader and government, as she did in her ‘resignation letter’ to Rishi Sunak, in some Commonwealth countries she would have been arrested.

Praise-singers will no doubt loudly chorus that she should be arrested.

PF IS NOW BEING CAUGHT IN ITS OWN WEB OF DECEIT

PRESS STATEMENT

15th November 2023

It’s no longer a secrete that PF is very desperate and has stopped listening to anyone apart from those telling them that in 2026 you are bouncing back. But when one stops listening, what follows is self destruction.

We have seen how some PF leaders have become too busy weaving a web of deceit in which they are now being caught. This desperation is as result of a group of PF leaders trying to run away from facing justice.

The most unfortunate thing is that very innocent people are being lured into this web of deceit. We humbly ask all well meaning Zambians to keep away from PF. Looking at how PF conducted itself when in Government it will suicidal for any well meaning Zambian to associate with PF. Zambians must refuse to be used as human shields against PF’s criminality.

Some of the utterances and actions coming from PF clearly show that they want this Country to be ungovernable. Each time they break the Law they are very quick to say that they are being squeezed due to shrinking democratic space. But who says that in a democratic dispensation you don’t observe the rule of law?

NO. The Law must be respected because the law is blind, deaf and has no sense of smell. If breaking the law was PF’s way governing the Country, they must be reminded that this is not the way President HH and New Dawn Government is running the affairs of this Country now.

We no longer see those muscular PF carders with Pangas to maim and undress people in public. We no longer have PF carders in Police uniforms that killed innocent Zambians like Nsama Nsama, Mapenzi Chibulo, Lawrence Banda and many others. We no longer have Ministers carrying public money on wheel barrows. Zambians now sleep peacefully without fear of being gassed. We no longer have a President who instructs his juniors to loot public resources through a Presidential decree of UBOMBA MWIBALA …..

Zambians must not forget so easily from where they are coming from. Clearly PF wants to drag innocent people into its criminality. Lets us build a strong Zambia based on one Zambia One Nation. We should not allow crooks and thieves to divide us. Distinguish sense from nonsense.

Albert Malama

UPND – Acting Chairman for Mines

REGISTRAR OF SOCIETIES MERELY COMPLIED WITH A COURT ORDER-LAZ

● the state is interested in legitimizing the actions of one faction of the Patriotic Front over the other, even when the matter is yet to be finally determined by the courts of law, in particular:

●The Speaker of the Nation Assembly proceeded to act on the instructions of one faction, and effected changed to the leadership of the National Assembly, even when fully aware the matter was contested among the parties in the courts of law.

●LAZ will therefore move the Constitutional Court to make pronouncements on the procedure for electing the leader of opposition to bring the much-needed clarity, especially that precedence does not appear to be adhering to the requirements of the Constitution.

●We are also aware, that the Registrar of Societies, Mrs Thandiwe Phiri Mhende, is subject of a subpoena issued by High Court Judge Honourable Justice Mr. Timothy Katenekwa and pursuant to the said subpoena, she produced a register for the office bearers of Patriotic Front which shows that there were no changes.

●We want to be categorical that a subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial, which summons must be obeyed, failing which the person summoned can be punished by the court. It is therefore a compelling order which attracts punitive sanctions at the instance of the court that issued it.

THE STATE OF RULE OF LAW, DEMOCARY AND NATIONAL DEVELOPMENT IN ZAMBIA TODAY

The Law Association of Zambia (LAZ) is a creature of the Statute, being created by the provisions of the Law Association of Zambia, Chapter 31 of the Laws of Zambia. Section 4 of CAP 31 of the Laws of Zambia mandates the Association to champion the use of the law as an instrument of social order, social justice and as an essential element in the growth of Society.

Additional objects include to seek the advancement of the rule of law and of the rights and liberties of the individual, promotion of the improvement and reform of the judicial and administrative systems. As lawyers, we are subject to a precondition to our being allowed to practice law, being that we must publicly swear on the Bible, before the Chief Justice, to protect, preserve and defend the Constitution of Zambia. Article 8 of the Constitution we have sworn to defend prescribes our national values and principles to be:
(a) morality and ethics;
(b) patriotism and national unity;
(c) democracy and constitutionalism;
(d) human dignity, equity, social justice, equality and nondiscrimination;
(e) good governance and integrity; and
(f) sustainable development.

Mindful of our statutory obligation, and in furtherance of our moral and ethical duty as a body of lawyers, we have keenly followed the recent developments in the country which events have an impact on the rule of law, democracy and national development of the country.

It is for this reason that we cannot afford to remain quiet and have decided to hold this press briefing to share with the nation the Law Association of Zambia’s considered position on these matters.

(i) Increased arrests of members of Opposition Parties, without bail and not being taken before the courts of law expeditiously

1. Firstly, we find the increased incidents of arrests effected on Leaders of the Opposition Parties most unfortunate and counter-productive for the nation. While Leaders Opposition Parties, like all other citizens, must be held accountable when they breach the law in line with the rule of law, arrests which specifically target Opposition leaders critical of Government are an affront to the freedom of speech these citizens enjoy under the Constitution. What is further concerning is that these Political leaders when arrested, are not immediately released on Police Bond, despite the offences being bailable, and contrary to a progressive Presidential Directive to the Police to only arrest citizens at the conclusion of investigations and not to detain them any longer than is necessary. And even when arrested, their matters are never expeditiously, if at all, taken to the Courts of Law for prosecution so that allegations levelled against them are determined judiciously. This suggests that the arrests of Opposition Parties by the Police are merely an attempt to cower them into silence, something which is retrogressive in a democratic dispensation, ours is. The Inspector General of Police must ensure this comes to a stop!

(ii) Matters Surrounding the Patriotic Front, the largest Opposition Party in the country

2. With regard to the developments surrounding Patriotic Front, LAZ has previously stated its settled position that our democracy is only assured with robust political parties, both ruling and opposition, which promote national values and principles, have a national character whilst promoting and upholding our national unity. Further, that the exercise of the freedom of association and Assembly by citizens and their right to have a say in matters of governance cannot be fully assured without strong, democratic political parties.

3. LAZ therefore expressed its concerns with the happenings surrounding the Patriotic Front but was quick to point out the happenings do not justify interference by external stakeholders including state institutions.

4. Unfortunately, the conduct of various state institutions clearly demonstrates a narrative that the state is interested in legitimizing the actions of one faction of the Patriotic Front over the other, even when the matter is yet to be finally determined by the courts of law, in particular:

(i) The Speaker of the Nation Assembly proceeded to act on the instructions of one faction, and effected changed to the leadership of the National Assembly, even when fully aware the matter was contested among the parties in the courts of law. It is an established practice steeped in Commonwealth Parliamentary tradition that Parliament does not act on matters which are sub judice.

The Speaker should have insisted on being satisfied that ‘elections’ were held in respect of any changes to the position of the leader of the Opposition in Parliament, at the very least, on account of being fully aware different factions in the Patriotic Front Leadership, so as to protect the House from any potential embarrassment.

Additionally, Article 74(2) of the Constitution, on the procedure for election of the leader of opposition, requires that the opposition political party with the largest number of seats in the National Assembly must elect a Leader of the Opposition from amongst the Members of Parliament who are from the opposition.

Election of the Leader of Opposition is therefore not an internal party matter, but a Constitutional issue of immense public interest.

As the Head of the Legislature, the Speaker must ensure that the Constitutional requirements are duly satisfied by all person’s subject of her lawful authority in the House and wherever elections are required, the same are conducted transparently and in a publicly accountable manner in tandem with democratic principles.

LAZ will therefore move the Constitutional Court to make pronouncements on the procedure for electing the leader of opposition to bring the much-needed clarity, especially that precedence does not appear to be adhering to the requirements of the Constitution.

(ii) However, we call on the members of Parliament to accord Madam Speaker the requisite respect for her constitutional role of ensuring order in the House. No one gains, in fact citizens who look to Parliament to enact laws and hold the Executive accountable lose, when Parliament is ungovernable.

(iii) We are also aware, that the Registrar of Societies, Mrs Thandiwe Phiri Mhende, is subject of a subpoena issued by High Court Judge Honourable Justice Mr. Timothy Katenekwa and pursuant to the said subpoena, she produced a register for the office bearers of Patriotic Front which shows that there were no changes. Following this production, the Registrar was surrendered to the Cabinet Office, which is never meant as a promotion in public service, and the produced register has purportedly been called into question by the Ministry.

We find this development very troubling and most unfortunate especially that there is insinuation that a subpoena issued by a court of law does not have force of law and can be ignored or disobeyed by a civil servant at will or that a court document subject of proceedings can be impugned outside the court room.

(iv) We want to be categorical that a subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial, which summons must be obeyed, failing which the person summoned can be punished by the court. It is therefore a compelling order which attracts punitive sanctions at the instance of the court that issued it.

(v) While we are not privy to the reasons for the surrender of the Chief Registrar of Societies, sentiments so far suggest that it could be attributable to her complying with the subpoena.

We condemn any acts of sanctioning civil servants for complying with court orders and summons from the courts of law. Such incidents have the danger of cowering public servants into doing illegal activities to please superiors, which conduct is injurious to citizens who are ultimately subject of civil servants’ actions. Rule of law demands that Government action must be based on legal principles, and those who comply with the law in their actions must be commended, not condemned.

(vi) Various statements from Government Officials suggest a preference for one faction of the Patriotic Front being recognized the legitimate leadership of the party of the other.

5. LAZ wants to repeat its call for Government Institutions to stop intermeddling in the internal affairs of a political party. Let the Court do its job and finally settle the disputes of warring parties.

6. Permit to take this opportunity to caution Opposition Party members from making unwarranted attacks on the judiciary and judicial officers, merely because they do not like or agree with decisions they make. The judiciary is the cornerstone of our society, charged with the sacred duty to interpret laws and settle disputes civilly, hence critical in the maintenance of the rule of law. Lets all support the judiciary in discharging its mandate, usually under tough conditions and without adequate resources allocated to it, and operating without the constitutionally guaranteed financial autonomy.

7. That said, courts do not operate in a vacuum and must be attentive to the challenges troubling society at any particular time. We therefore call on the Judiciary to expedite the resolution of political matters to diffuse political tension in the country.

(iii) Tolerance to Divergent Views
8. We also want to take this opportunity to urge Government to embrace divergent views. There have been numerous instances showing intolerance to views of stakeholders holding opinions different from the ruling party. Stakeholders with divergent views are accused of being biased, tribal or downright attacked as agents of evil, lucifers or drunkards. The maturity and strength of a Government is not judged by the absence of divergent views, but the level of its tolerance and magnanimity to those with such views. As wonderful as the notion of praise singing may sound, there is no choir, not even a cappella where everyone sings in one voice. It is an exercise in futility to expect 20 million citizens to have same views or only one viewpoint.

9. Citizens were excited when the defamation of the President’s law was repealed, as this was taken to be a signify Government’s commitment to welcome divergence of opinions but the contrary seems to be happening. Citizens are being arrested using cyber security and other penal laws because they have merely expressed views the Government does not like.

10. Article 4 of the Constitution proclaims us to be a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic State. We are therefore inherently different but one. Let’s learn to co-exist and give everyone a chance to have a say on the affairs of this country.

(iv) Too Much Politicking in the country at the expense of National Development .

11. We have observed continued and increased politicking in the country as though we are about to hold General Elections. While citizens and political parties are at liberty to exercise their political and civil rights which include political activism, this must not be at the expense of national development. The country is currently grappling with numerous economic challenges which have resulted in increased cost of living, among other negative consequences, and it is the duty of all political leaders, ruling and opposition, to offer tangible solutions for the country to redress these challenges.

It is for this reason that Article 60 (2) of the Constitution imposes a duty on every political party to promote the values and principles specified in this Constitution, which values and principles include good governance and sustainable development. Citizens are therefore entitled to ask, in fact demand, for political leaders to offer tangible alternative solutions for the sustainable development of the country and good governance. It is archaic politics, and definitely not in the interest of citizens nor furtherance of sustainable development, for political players to stand hands akimbo, waiting for those entrusted to govern at any particular time to fail, without offering alternative solutions, so that they can be given the mantle to govern next.

(v) Public Order Act and Access to Information Bill
12. LAZ is pleased to note that Government has heeded the calls of the citizens and taken the Access to Information Bill to Parliament for enactment. As we have stated before, Access to information by citizens is an exercise of their constitutionally guaranteed rights and critical in holding Government accountable. This step is therefore commendable on the part of Government. We urge citizens to study the Bill and contribute to the enactment of a law that meets their aspirations. Make submissions to Parliament.

13. We must caution, that the commendation on the legitimate expectation will carry through the process to final enactment, and not as before, withdraw the Bill mid way. We also urge Government to ensure that once enacted, the law is not watered down by subsequent regulations and is applied in a fair and transparent manner to further, not fetter, the enjoyment of the constitutional rights.

14. However, access to information alone without redressing the challenges with Public Order Act will do little to redress the challenges citizens face in their full enjoyment of the constitutionally guaranteed rights and liberties.

15. We therefore urge the Government to quickly table before Parliament a bill to reform the archaic Public Order Act, Chapter 113 of the Laws of Zambia first enacted in 1955. LAZ is aware of the consultative process around the Public Gatherings Bill which is meant to replace the Public Order Act. Let Government finalize all the requisite internal processes and table the same before Parliament.

16. In the interim, we call on the Police to stop the abuse of the provisions of the Public Order Act to deny opposition members their right to protest on often cited ground of security concerns. Though the Public Order Act is archaic, it is its application in a manner which is neither transparent nor fair which we find inexcusable, especially that the Supreme Court has guided on its proper application, which guidance continues to fall on deaf ears in successive governments.

(vi) A call to collective action, for our collective progress, as a nation
17. Being one Zambia and indeed one Nation, we must collectively garner our collective effort and wisdom, bury the hate and differences, and galvanize our energies to find sustainable solutions for our collective progress as a nation. LAZ calls on the mother church bodies and civil society, in the country to urgently convene a national indaba of all political players and stakeholders to discuss sustainable modalities for the country to de-politicize, heal and come with solutions to economic challenges afflicting our society, thereby assure our sustainable development as a country. LAZ is ready, the body of lawyer stands ready to use their legal training and skills to ensure our society makes progress, in all its facets. But it cannot be done by one person. Like a noble eagle in its flight, we must all strive to fly above our differences and problems, together, for the sake of our land.
(vii) I thank you.

Dated this 15th November, 2023
________________________________
Lungisani Zulu
PRESIDENT

Standing Strong: The Virtual Red Card Campaign – Uniting Zambians for Change

By Dr Mwelwa

In the face of growing discontent and disillusionment with the current UPND government in Zambia, questions arise about how the population should respond to what is perceived as dictatorial tendencies from President Hakainde Hichilema and his party. Recent events, such as the arrests of opposition leaders and the economic struggles faced by the country, have raised concerns about the government’s abuse of power and suppression of democratic freedoms.

There is strong criticism against the government, arguing that their actions could be a calculated move to provoke public unrest and provide a justification for declaring a state of emergency. Some believe that President Hichilema and the UPND are intentionally arresting opposition leaders to provoke citizens into reacting or protesting, in order to tighten their grip on authority. Recognizing that they may face challenges in the upcoming 2026 elections, they may seek to exploit any resulting public chaos to maintain their power.

However, it is crucial for Zambians to exercise caution and remain calm in the face of such provocations. While frustrations may be high and grievances may run deep, resorting to public protests may inadvertently play into the government’s hands. Granting President Hichilema enhanced powers through the invocation of a state of emergency would jeopardize civil liberties, including freedom of movement, assembly, and expression. It could also lead to media censorship, detention without trial, and limited individual rights.

Therefore, it is vital for Zambians to understand that the most effective way to seek change is through peaceful and lawful means. Instead of taking to the streets in protest, they must channel their frustration into mobilizing support, raising awareness, and engaging in the democratic process. By remaining united and using the power of the ballot box as their platform, Zambians can send a powerful and legitimate message to the government.

It is imperative to remember that democracy is a powerful tool in challenging the actions of a potentially dictatorial regime. By actively participating in elections and voting for leaders who prioritize the interests of the people, Zambians can safeguard their rights and ensure their grievances are effectively addressed. Through peaceful mobilization and engagement within the democratic process, they can hold the government accountable and work towards a brighter future for their country.

In conclusion, it is essential for Zambians to exercise restraint and avoid public protests that could potentially result in the invocation of the state of emergency law. Instead, they can utilize their democratic rights to engage in the electoral process and bring about meaningful change. By remaining united, vigilant, and committed to upholding democratic values, Zambians can navigate these challenging times while safeguarding their freedoms and aspirations for a better future.

Moreover, instead of physical public protests, Zambians can make use of virtual online platforms to express their displeasure. By flooding the internet space with a single image of a red photo, devoid of confrontational language or actions, they can symbolize their discontent. The visual representation of a red card as a sign of displeasure can create a unified voice and garner attention without resorting to violence or unrest.

Let this red photo become a powerful symbol of unity and defiance against any oppressive tendencies. Let it serve as a reminder to those in power that the people of Zambia are watching, engaged, and prepared to hold them accountable. By staying calm, committed, and finding creative ways to express themselves, Zambians can overcome these challenging times and work towards a future where their voices are heard and their rights are respected.

Zambians, your strength lies in your ability to peacefully mobilize and engage within the democratic process. Only through unity and strategic action can you effect real change and ensure that your aspirations for a just and prosperous nation are realized. Stay calm, stay strong, and let your actions be guided by the principles of democracy and peace.

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