WHAT MANY PEOPLE DON’T KNOW ABOUT NAPSA

REMEDYING THE IGNORANT DISCOURSE ON NAPSA PARTICIPATION IN PPP

1. Despite NAPSA being a public institution it manages private money through a pension fund on behalf of all citizens.We are all defacto shareholders in NAPSA.

1. NAPSA is financing the developer/concessionaire in managing the project. If you are against NAPSA investing in this project, you should be also be against NAPSA partnering with the Marcopolo tile company, Livingstone and many others.

2. NAPSA as a pension fund, is an institution investor that will try to diversify into several sectors including roads as a positive step to improve its portfolio..

3. You cannot assess the PPP project when you are ignorant of the traffic volumes, revenue projected, tax collected, risks avoided, jobs created, time saved, loans avoided, interest avoided and technology transfers. In other words don’t assess a PPP using emotions, show us your figures.

4. Road or bridge concessions depending on toll fees, capital costs or economy can range between 20 – 30 years, world wide. If you want a shorter concession period, get ready for higher toll fees.

5. This is the first proper PPP, an opportunity to learn from. it is better than sticking to the historical culture of begging government to repair roads like a broken record.

6. The maintenance contract attached to the PPP, distinguishes this deal from to traditional approach where fees were collected but Ndola road developed maize field ridges.

7. Government will generate revenue from commissions, taxes and other statutory fees.

8. If you are against this project, then tell us the alternative, like how a government that is in default, can raise $700m, pay low interest and complete project in 36 months.

9. NAPSA position means participation in the SPV and better Zambians supervision of projects.

10. If the developer decided to access finance from south african pension funds, the same people will complain for overlooking NAPSA. Mind you NAPSA might provide kwacha denominated finance that will avoid forex risk.

In a nutshell lets not discuss national issues without data, with political lenses and with bitterness.

PF MPs have been talking about PPPs for 10 years but failed to implement one because of the lack of stealing opportunities in PPPs. There was no private entity that was going to spend $1.2b and use tolling to recover money. That is why PF planned to borrow and inflate the contract. Let those against, watch and learn.

Richard Waga

LUBINDA, CHILANGWA, NAKACHIINDA WERE NOT SERVED CONTEMPT OF COURT DOCUMENTS – KATENEKWA TELLS SAMPA

By New Dawn Reporter
LUSAKA High Court Judge Timothy Katenekwa has directed PF Matero Member of Parliament, Miles Sampa to serve contempt of Court proceedings documents to party acting president Given Lubinda, acting secretary general Nickson Chilangwa and chairperson for Information Rapheal Nakachiinda.

In this matter, Judge Katenekwa has guided that Sampa’s lawyers should serve the contemnors in person because they were not served with the documents.

This was after Lawyer representing PF acting party president Given Lubinda, party acting secretary general Nickson Chilangwa and Chairperson for Information Raphael Nakachiinda raised a preliminary application in the matter stating that his clients were not served the documents in person.

In making a ruling, Judge Katenekwa stated that Rules of Court Order 52(3)(2) provides that there should be personal service in a matter of contempt and failure to do so may be fatal to the proceedings.

Lawyer for Lubinda, Chilangwa and Nakachiinda from Makebi Zulu Advocates, Jonas Zimba raised a preliminary issue requesting the court to dismiss the application as his clients were not served any court documents by Sampa’s lawyers.

However, Sampa’s lawyers argued that lack or failure of service of court documents was not necessarily fatal and cited the same rule Zimba had cited in making the application for dismissal of the case.

In making a ruling, Judge Katenekwa stated that Rules of Court Order 52(3)(2) provides that there should be personal service in a matter of contempt and failure to do so may be fatal to the proceedings.

Judge Katenekwa ruled that in matters of contempt proceedings, there have serious consequences such as depriving the contemni freedoms and it was therefore imperative that persons cited must be served the documents without fail.

He ruled that the provision of the rules of the court was not complied with as admitted by Sampa’s lawyers, adding that such was also prejudicial to the party.

Judge Katenekwa said that in deciding an application for contempt, there was consideration as there are other parties involved such as the office of Director of Public Prosecutions (DPP), noting that t the system of administration of Justice must not be compromised.

To this effect, the Court ruled that costs associated with the contempt application will be borne by Sampa.

The Court has therefore rendered an adjournment to allow Sampa’s lawyers to serve the defendants.

The matter comes up on 20th March 2023.

CABINET APPROVES TRANSFER OF KASUMBALESA BORDER POST

CABINET has approved the transfer of the Kasumbalesa Border Post by the Zambia (I.P) Border Crossing Company (ZIPBCC) to the Government of the Republic of Zambia.

In a Press Statement made available to ZANIS today, Chief Government Spokesperson Chushi Kasanda said Cabinet approved that the Zambia Revenue Authority (ZRA) should, from Friday, March 3, 2023, start managing the Vehicle Traffic Management System at Kasumbalesa Border Facility, including other supporting infrastructure.

Ms. Kasanda said the decision was made during the 4th Cabinet Meeting in the Year 2023, on Thursday at State House which was called by President Hakainde Hichilema to deliberate on developmental issues for the country.

Ms. Kasanda who is also Minister of Information and Media said the decision by Cabinet follows the expiry of the Concession Agreement between the Government and ZIPBCC on Friday March 3, 2023.

“Cabinet attaches a lot of importance to the operations of this boarder because Kasumbalesa has become a very busy crossing point where cross border business is concerned. Over time, business at Kasumbalesa border has greatly increased, particularly with increased volume of trade between Zambia and the DRC,” she said.

Ms. Kasanda stated that the transfer of the Kasumbalesa Border Post to Government will allow the Government to manage the operations of the border facility and maximize revenue collection for implementation of the many developmental Government programmes.

She stated that Cabinet feels special attention needs to be attached to ensure smooth operation of the Kasumbalesa border going forward.

“The border has also become the main crossing point for goods and services from many countries in the Southern African region,” she stated.

The Government and ZIPBCC signed a Concession Agreement for Kasumbalesa Border Post on July 1, 2009, to Design, Build, Operate and Transfer. The operations of the border facility by ZIPBCC commenced in March, 2011.

Meanwhile, Ms. Kasanda disclosed that Cabinet also deliberated on the commemoration of the 2023 National Youth Week.

She added that Cabinet appreciated the many activities that the Ministry of Youth, Sport and Arts has lined up during the week which will culminate in the celebration of the Youth day which falls on March 12, 2023.

“Cabinet indicated that the planned activities for the commemoration of the 2023 National Youth week which included among others, the Exhibition by Youth Entrepreneurs and Innovations and The National Youth Indaba should be undertaken in order to promote youth participation in the development of the country,” she said.

The Chief Government Spokesperson noted that Cabinet urged all stakeholders to participate in the planned activities and show solidarity and encourage the youth to fully participate in the development of the country.

EVEN GOD ISN’T HAPPY WITH THE UPND GOVERNMENT HENCE EXPOSING THESE SCANDALS EVERYDAY – HON . FRANCIS KAPYANGA

Friday 3rd March, 2023

By: Patriotic Front Correspondent

Patriotic Front -PF Mpika Member of Parliament Hon. Francis Kapyanga has reminded the UPND for the promise made while in the opposition to supply the fertiliser at an affordable prices.

He regretted that the UPND defaulted in the promises it made to address the challenges and wondered why the president decided to cancel the tender process for supplying fertiliser

Speaking when he joined other Opposition MP’s for the Friday media briefing, Hon. Kapyanga expressed concerned over the suffering of Zambians as can be evident on the number of people buying maize in little packs.

He observed that the national food security is threatened as arresting of the government failing to provide inputs on time

He advised the begin fulfilling the campaign promises to make life easier for the people.

” Zambians expected the government to reduce the cost of essential commodities and ensure that cost of living become easier . I want to advise the president to be in charge of the country and stop the blame game which is washing the country away.” He said.

He strongly suspected that even God wasn’t happy with the UPND alliance government hence exposing the scandals.

He advised the government to withdraw from the IMF bailout project which has brought so much suffering to the people of Zambia.

He said the bailout which the government has been boasting is failing to be actualise.

He disclosed that the protest coordinators across the country are on stand to protect against the high living standards.

He said the UPND has lamentably failed to provide the people with the means to survive.

“The PF will not allow the people suffer in the manner they are suffering today under the UPND. It is against this backdrop that the PF youths to remind the UPND alliance that it has failed through spontaneous protests.” Said Hon. Kapyanga. S

NAPSA IS NOT A BANK OR A MONEY LENDER!

DR. MUSOKOTWANE AND HIS TEAM SHOULD DIRECT CONTRACTORS ON LUSAKA-NDOLA DUAL CARRIAGE-WAY TO GO TO BANKS

By Amb. Emmanuel Mwamba

■ NAPSA is NOT a Bank to lend money to any one! Including its own members,let alone contractors.

■ the scheme does NOT give loans to members including for personal loans.

■the Authority however, supports financial institutions by providing liquidity for on-ward lending.

■ Zanaco Bank, First National Bank, Finance Bank, and Zambia National Building Society have partnered with NAPSA to enable citizens access loans.

■ Recently, NAPSA invested in the Zambia Industrial Commercial Bank upto 65% shareholding.

■ NAPSA is NOT a bank under the Banking and Financial Services Act of 1994 and is NOT a Money-Lender and has NO Money-lending Licence under the Money Lenders Act Chapter 398 of the Laws of Zambia.

NAPSA INVESTMENT

We must recognise that pensions funds invested primarily in stocks and bonds, often using a liability-matching strategy.

Pension funds can also invest in the housing and infrastructure sectors through financial instruments such as shares and debt securities.

To this effect, NAPSA has a special-purpose vehicle which manages investments of its assets.

■Assets of the Authority are invested in full compliance with the requirements of relevant statutory and regulatory provision such as the National Pension Scheme Act No. 40 of 1996 of the Laws of Zambia, the Securities and Exchange Commission, Zambia Revenue Authority Bank of Zambia and the Pensions and Insurance Authority.

■ The mandate to invest funds lies with the Board of Trustees that ensures that the assets of the Fund are invested prudently. In general, the Board of Trustees ensures that investments are made exclusively in the interest of the members of the pension fund.

PENSION AND INSURANCE

Pension Funds and Insurance are financial intermediaries which offer social insurance by providing income to the insured persons following their retirement. Insurance on the other hand offer policies and annuities.

GO TO THE BANKS, LEAVE NAPSA ALONE

The structure of the Ndola-Lusaka Dual Carriage-Way project is clearly corrupt, irregular and is NOT a Public Private Partnership (PPP).

The Contractors over the Lusaka-Ndola Dual Carriage Way therefore, should be encouraged to seek financial support for their project from Banks, Development Banks, and other financial Instutions.

If Government is keen to use pensioners money, let NAPSA do the road through its investment wing. It should be given latitude to pick its own contractors and a road management agency to recover its money. It can actually partner with the National Road Fund Agency (NRFA).

President Hakainde Hichilema is actually seeking to abolish NRFA so that its work including that of collecting toll fees, can be transfered to the Road Development Agency and to private firms.

Twakana!

M’kushi Mine and High-level Corruption

By Amb. Emmanuel Mwamba

On Hot FM ‘Red Hot Breakfast Show’, UPND National Youth Chairperson, Gilbert Liswaniso confessed that he has shares in Ndalumba Minerals Limited which is at the centre of intra-party scramble for the copper and manganese mine in M’kushi District.

He said, without solicitation, the shares were given to him and to Lusaka UPND Province Chairperson, Obvious Mwaliteta, by the owner of the mine, a chinese national.

He didn’t explain the circumstances under which Mr. Nixon Chibawe, the nephew to First Lady, Mrs. Mutinta Hichilema, became one of the majority shareholders.

Liswaniso and Mwaliteta have 1,800 shares each while Nixon Chibawe has 16,800 shares.

HIGH-LEVEL CORRUPTION

Thi confession and details so far provided by documents and Liswaniso, sets serious stage for an urgent corruption investigation as this matter has raised serious questions of bribery and corruption and has far reaching consequences to regulatory authorities.

Liswaniso’s naivety has laid bare serious allegations of corruption.

It is clear that these shares were given to officials of the ruling party and State House for the investor to have bottle-necks of exploration and mining licences removed and to have his stay in the country through work or residence permits guaranteed.

The investor will likely use public authorities as a lashing whip to challenges facing the mine such as location, size, encroachment and any other existing disputes with authorities and the Community.

The Organisation for Economic Co-operation and Development (OECD) states that foreign companies in Africa are heavily pressured to secure their businesses and usually seek to survive through offering bribes, corrupting both public service and politcal party officials.

The M’kushi Mine scandal fits perfectly in this secnario and raises serious corruption elements.

It is perceived that foreign companies need to pay or offering bribes as the “only way to survive” whether as a company or an individual.

The African Development Bank estimates that USD 148 billion is lost to corruption in Africa
every year.

Corruption is detrimental to economic, political and social development. It distorts market competition, undermines productivity and ultimately impedes sustainable economic growth.

While sub-Saharan Africa has become a commercially significant market, bribery and corruption risks are deterring higher rates of investment and the ability of companies to conduct business fairly on a level playing field.

The bribery risks confronting both African and foreign companies include:
■ the prevalence of business sectors prone to corruption;
■ predominantly cash-based economies;
■ the requirement to use local agents to carry out projects;
■systemic public sector corruption; and
■weak law enforcement capacity often topped with lack of political will.

Further the Anti-Corruption Commission Act No.3 of 2012 also prohibits this kind of corrupt behaviour as discussed in the M’kushi Mine and the Act covers it under corruption tendencies and corrupt transactions among public officials, private bodies and persons.

Liswaniso was quick to dare anyone concerned about this corrupt relation with the investor to report such concerns to the Anti-Corruption Commission.

Liswaniso may not be aware of the far ramifications of his confessions but both President Hichilema and the ACC know what the OECD Anti-Bribery Policy and Compliance Guidance for African Companies and the provuions of the Anti-Corruption Act of 2012.

Probably Liswaniso hopes that the ACC will simply white-wash this transaction with no consequences to both the investor and the party officials and other persons involved.

Since President Hakainde Hichilema moved the reporting structure of the ACC under gazette No. 1173, its autonomy and independence is perceived to be eroded and like many law enforcement agencies, is being used as a tool to oppress, harrass and crash political opponents instead of fighting real corruption.

This case is another test case to President Hichilema’s resolve to fight corruption…. or it’s a matter Zambians may chronicle for future reference.

PRESIDENT HAKAINDE HICHILEMA EXPECTED IN QATAR.

PRESS STATEMENT BY THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ON THE PARTICIPATION BY THE PRESIDENT AT THE 5TH UNITED NATIONS CONFERENCE ON THE LEAST DEVELOPED COUNTRIES (LDC5) IN DOHA, QATAR

The Ministry of Foreign Affairs and International Cooperation wishes to inform the Nation that Mr. Hakainde Hichilema, President of the Republic of Zambia will travel to Doha, Qatar to participate at the 5th United Nations Conference on the Least Developed Countries (LDC5) scheduled to take place from 5th to 9th March, 2023.

President Hichilema will join other LDC Heads of State and Government at this important meeting which will be convened to, among other issues, mobilise additional support measures and action in favour of LDCs. The Conference will also agree on a renewed partnership between LDCs and their development partners to overcome structural challenges, eradicate poverty, achieve internationally agreed development goals and enable graduation from the LDC category.

While in Doha, the President is also scheduled to hold meetings with the Amir of Qatar (the Head of State) as well as key investment players of that country, in his continued unrelenting efforts to attract investments in Zambia’s key economic sectors such as agriculture, energy, transport, infrastructure and industry.

On the sidelines of the Conference, President Hichilema will be a key panelist at the Inaugural Earthna Summit whose theme is: Sustainability Pathways for Hot and Arid Environments. At the Summit, which will convene global, regional and local policymakers and business leaders, the President will make a case for Zambia on Agriculture and Food Security to attract investment in the sector and secure export market for Zambia’s agriculture produce into Qatar and the wider Middle East.

The President remains firmly focused on unlocking opportunities and creating an enabling environment for increased investment in the country’s economic sector aimed at improving livelihoods of the Zambian people.

Through the President’s strategic high-level engagements with key partners, Zambia has witnessed renewed interest from other countries in sectors such as trade, investment, tourism, and agriculture, as well as general cooperation in identified areas.

The Conference will also have side Forums for the private sector, civil society, Parliamentarians and the youth, in a bid to raise new pledges of support, advance new ideas, spur delivery on agreed commitments, including the announcement of specific initiatives aimed at addressing challenges affecting the LDCs.

The President’s participation in the LDC5 Conference is critical because as it will enable the country to benefit from the existing global partnerships, international support and available financial and investment opportunities to help turn around the country’s economy. This will be through opportunities the President creates for collaboration and partnership for meaningful economic ventures for the benefit of the people of Zambia.

The President is expected to return to Zambia immediately after his engagements.
(Original signed)

Hon. Stanley K. Kakubo, M.P
MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION
LUSAKA

3rd March, 2023

SOME CABINET MINISTERS ARE NOT KNOWN – FORMER PF SG MWILA

….says this has been the worst Cabinet since independence

Friday, 3 March 2023

FORMER PF secretary general Davies Mwila says Zambia currently has the worst Cabinet since independence as some ministers are not even known by Zambians.

In an interview, Tuesday, Mwila argued that the current Cabinet Ministers were not organised and didn’t work as a team.

“This has been the worst Cabinet since independence in that they are not organised, they are not well connected, they don’t work as a team. If you look at their performance, it is below average. If you look at some of these Cabinet Ministers, Zambians don’t even know them; some are not even known, whether we have ministers or not. In terms of performance, it is below par, and that is the more reason you have seen things have gone to [the] worst. The living standards of our people have gone down and people are suffering a lot because we have a Cabinet that cannot perform to the expectations of the Zambian people,” he said.

“The President is the head of the Cabinet, if he sees that anything is not going in the right direction, he is supposed to make changes or a decision to replace some of the people. If he cannot replace, it means that he cannot perform to the expectations of the Zambian people. It is a team, and as the Cabinet operates, it is a collective responsibility. You cannot isolate President Hakainde Hichilema from these people, he is the one who appoints these people, he appoints and disappoints. If he sees that things are not moving in the right direction, he is supposed to make changes. So, to him, he is very comfortable, he is satisfied with the performance of his cabinet”.

And Mwila said President Hakainde Hichilema would have made changes if he was not satisfied with his Cabinet.

“If he [President Hichilema] was not satisfied, he would have made changes by now. Look at energy, the fuel price, Zesco wants to increase electricity tariffs, everywhere you go, and things are bad. We have to look at the genesis, where is this problem coming from? From the time this government went to the IMF, those are part of the conditions; they don’t want to subsidise fuel, they don’t want to subsidise electricity; they don’t want anything to do with subsidies. Any country that has gone to the IMF has never survived, and their economies have not improved. So, that’s where we are and the Zambian people will suffer more. If you look at the proposal that has been taken to ERB by Zesco, to increase electricity tariffs by 37 percent, the ordinary Zambians will be affected and we expect to have more misery as we move forward,” said Mwila

(Credit: News Diggers)

A government official who was appointed into Foreign Service by the previous regime has been implicated in the alleged corrupt purchase of the controversial Gulfstream G650 Presidential Jet. The Anti-Corruption Commission (ACC) has called for the named male suspect to return to Zambia to appear in court in connection with corruption allegations.

Last December, the Commissioner arrested former Ministry of Defence Permanent Secretary Stardy Mwale for corrupt practices involving over US$573.9 million in connection to the procurement of the Gulfstream G650 Presidential Jet. Mwale, 51, of Flat 21 Eureka Park in Makeni, was charged with three counts of Wilful Failure to Comply with Applicable Law and Procedure contrary to Section 34 (2) (b) and one count of Fraudulent Facilitation of Payment from the Public Revenue.

ACC Director General, Tom Shamakamba, gave an update on the matter and said, “There is one officer who was serving in the previous government, who is out of the country, we are just waiting for him to arrive, that one I can confirm because I have been pushing that he comes back. He was appointed in one of the countries in the embassy, actually they have facilitated, by this month end, he should be in the country.”

Once the suspect is back in Zambia, he will join others scheduled to appear in court. “We are just waiting for that person to come,” Mr. Shamakamba told a media briefing yesterday.

The ACC Director General also updated the media on the investigations into Faith Musonda, a journalist who was found in 2021 with over K65.3 million and US$57,000 in proceeds of crime which were later forfeited to the state. The ACC suspects she has more properties suspected to be proceeds of crime, and investigations are still active.

“When that property from New Kasama and the money were taken from her together with the cash, she did not disclose that there were other properties she owned, so if you do not open up in full, the immunity does not warrant to be given to you,” Mr. Shamakamba said.

Mr. Shamakamba also stated that many residents in the Makeni Balmoral area were served with restriction orders due to the public who went to report on the suspicious house built in that area, saying they could be from proceeds of crime. He reiterated that not all served are politicians. Among the ones served with the order are Amb. Mwamba and Hon. Harry Kalaba.

The ACC is committed to rooting out corruption in all its forms and is working tirelessly to bring all perpetrators to justice. The public is urged to cooperate with the ACC by reporting any suspicious activities related to corruption. As Mr. Shamakamba stated, “Our commitment is to ensure that all those who have been suspected or caught in corrupt activities face the law, regardless of their status or position.”

Pleased to have received a comprehensive presentation from a consortium of investors in the energy sector, at State House this afternoon.

The investors comprising Mphepo Power, Total Eren, Chariot and First Quantum discussed their intended projects to develop 770 MW of wind and solar that would greatly contribute to Zambia’s grid resilience.

Our government is determined to unlock the energy sector by weighing in on any initiative by Independent Power Producers to compliment existing efforts to increase our current base load. Load shedding should never be an annual event.

While government appreciates the current problems in the power sector, we however view these challenges as opportunities to finding a lasting solution to the energy sector.

We implored the consortium to cast their net wide by also venturing in the hydropower, as that would add to the power capacity and grid stability in the country.

Hakainde Hichilema,
President of the Republic of Zambia.

HIGH BLOOD PRESSURE FORCES GBM MISS COURT

By New Dawn Reporter
THE Lusaka Magistrates Court has warned PF presidential aspiring candidate Geoffrey Bwalya Mwamba to avail himself before the Economic and Financial Crimes Court (EFCC) at the next sitting, failure to which his police bond will be revoked and kept in custody.
The warning comes after the prosecution informed Magistrate Stanford Ngobola sitting at the EFCC, the division of the High Court that GBM was not before court, although his lawyers were present.

This prompted Magistrate Ngobola to find out why the former Defence Minister was not before the court.
In response, State Counsel Bonaventure Mutale informed Court that GBM was hit by high blood pressure and was being attended to by doctors from Midlands Medical Hospital.

“Your honour the accused person (GBM) is not in court, he is indisposed, he is a long-term patient of high blood pressure, and from the record it is equally evident that there have been times during the course of trial when the accused person was hospitalised with the same medical problem.

Your honour, the accused person is currently bedridden and seeing the doctor at midlands hospital for reviews, the doctor had advised him to be on bed rest. In these circumstances, we are humbly applying for an adjournment, a short adjournment for at least seven days to enable the accused recover and appear before this court.

We would like to assure this court that the accused person is equally anxious for the speed conclusion of the trial, it is the furthest in his mind to delay the speed trial of the matter,” State Counsel Mutale submitted.
He applied that the matter be adjourned for seven days in order to allow GBM recover.

“I have a letter confirming his medical situation from hospital. Your honour, the defence has noted through out the trial of this matter that the accused has not done anything to slow the expeditious process of trial, save for this ailment of the accused person. You will recall your honour that the accused person was fit enough to endure the trial of the matter in which over 20 witnesses were called without a break, it is with that background that we humbly request to indulge the accused person for seven days,” he submitted.

The prosecution expressed disappointment at the development, saying they were ready to proceed with the matter today as it was adjourned yesterday to today.

“To start with, we would like to register our disappointment, that this matter was supposed to proceed for defence today especially that yesterday the accused requested to have the exhibits, we were hopeful that this matter will proceed. We have been shown a sick note and that the accused person is unwell, we shall rely on the document shown to us. In an event that this court grants an application it is our sincere hope that the defence will at the next sitting have adequately prepared to start and conclude the matter,” she said.
And making a ruling on the application, Magistrate Ngobola warned GBM to avail himself on the next sitting as the matter had taken time to conclude.

He adjourned the case to 16th March 2023.
GBM was today expected to open his defence in the matter he is
accused of money laundering, having property suspected to be proceeds of crimes and failure to declare interest.
(GBM lawyers having a chat after the matter was adjourned today)

HUNDREDS OF SOUTH AND LUSAKA BOUND PASSENGERS STRANDED AS BUS DRIVERS DOWN TOOLS

BUSINESS came to a standstill in some parts of Southern Province after angry Bus drivers and other sympathizers protested against unregistered transporters.

The Bus drivers are demanding an explanation from the Zambia Police on why Traffic Officers constantly impound their buses for various purported traffic offences while leaving out the Toyota Wish Vehicles which are not even registered to operate.

A check in Choma, Monze, Mazabuka and stations for South bound passengers found buses abandoned and hundreds of passengers stranded.

Monze Bus Station Chairperson, Albert Hamatowe, accused Police of being bribed by those driving Toyota Wish Vehicles in order for them not be penalized even after overloading and breaking other laws.

Hamatowe alleged that most unregistered Vehicles that operate as Public Service Transport belong to some Police Officers and Senior Government Officials.

Addressing the protestors, Monze Police Officer Commanding assured that the law will be implemented on the matter.

In another address to the protestors, Monze Council Chairperson, Powell Mutenguna, accompanied by District Commissioner, Mwanza Malambo, urged Private Vehicle Operators to register their operations and follow laid down procedures.

In related news, Byta FM Zambia Mazabuka based Journalist Evans Liyali reports that Public Services Bus Drivers in the Sweet town Thursday morning downed tools in protest against private vehicles pirating as Taxis on Mazabuka – Lusaka route.

The drivers vowed not to go back to operations until government finds a solution to end piracy.

Mazabuka District Bus Drivers Chairperson Sylvester Ng’andu, complained that they have lost business due to mushrooming illegal Taxis pirating on the route.

He fumed that Public Service Buses are paying taxes and other obligations to government, while those operating illegally are not doing so.

N’gandu accused the Road Transport and Safety Agency RTSA and Zambia Police Traffic Officers of being corrupt and getting bribes from illegal public vehicle operators.

DO NOT SCANDALIZE THE FIRST LADY- CHIVUBE

March 2, 2023

LUSAKA – The United Party for National Development (UPND) says it will not protect or defend any of its members or general citizenry found scandalizing the name of the first family especially First Lady Mutinta Hichilema in committing acts of illegality and criminality.

UPND National Trustee Grace Chivube says it is unacceptable for people to use the name of the first lady and family for their own selfish motives as she expressed disappointment that people were committing crimes using the name of the First Lady, someone she described as innocent.

Speaking this morning when she addressed the media at Anderson Kambela Mazoka House in Lusaka, Ms. Chivube said the First Lady is not a politician and should therefore not be drawn into criminality by selfish individuals adding that the party through its rule of law principle will not shield any such criminal elements.

“We are lucky to have a first lady in Mutinta Hichilema. That lady is humble, she is like a sheep and does not deserve to be dragged in scandalous activities.

The First family is a state property which should be respected as is the practice throughout the world hence the need for people to desist from using the name of the first lady to swindle people.

And the outspoken NMC Member assured Party and Republican President Hakainde Hichilema of the party’s unwavering support as he rids the country of criminal elements and vices which have not only eroded the country’s moral fiber but also harmed the socio-economic fundamentals of the country.

She cited the recent arrest and dismissal of Luapula Provincial Deputy Permanent Secretary Roy Mwansa and 5 other District Commissioners from Luapula and Western provinces as well as the arrest of Lumezi District Commissioner Jimmy Phiri over the disappearance of 278 bags of white FRA maize meant for community sales as a clear demonstration that there are no sacred cows in the party and government.

Ms. Chivube’s warning comes in the wake of a video circulating on social media in which some suspected UPND members are seen scandalizing the First Lady whom they accuse of having grabbed a mine from them in Mkushi.

Court Grants Civil Servant 42 months salary
By Dickson Jere

A Ministry of Finance Accountant was implicated in the theft of K24,640 – funds meant for poverty reduction program – in Copperbelt. At the same, Drug Enforcement Commission (DEC) instituted investigations into the theft, which meant that the Accountant could not appear before the Disciplinary Committee when there were criminal investigations against him. That is the procedure in government.

However, the Accountant was then fired in 2009 even though DEC later cleared him and turned him into state witness against the culprits. Despite that, government refused to reinstate him.

He appealed to the Public Service Commission (PSC), which only decided to hear his case almost 8 years later instead of the mandatory 30 days. PSC confirmed his dismissal in 2016.

Unhappy with way he was treated, he filed the case in the High Court against Attorney-General, arguing that he was wrongfully dismissed. The government did not appear in court and trial took off after several adjournments.

The High Court Judge awarded him 36 months salaries as compensation for wrongful dismissal. He was not happy with the 36 months because it was too low and could not compensate or mitigate his suffering.

He lodged an appeal in the Court of Appeal.
The three-man panel of Judges analyzed the evidence and concluded that the damages given were indeed very low given the circumstances.

“We enhance the award of 36 months salaries and perquisites to 42 months salaries and perquisites as damages for wrongful dismissal, taking into account the oppressive treatment the appellant was subjected to,” the Judges said in unanimous opinion.

“We also order that he be reimbursed the withheld salaries and the surcharged amount if all it was effected with interest,” the Court, adding that it was difficult in Zambia to find jobs due to high unemployment rate.

The panel said it believed the dismissal caused him mental distress especially when DEC cleared him but government still refused to reinstate him in the position.

“Moreover, it would be very difficult for him to find similar job in this economy where there is much unemployment even for university graduates,” the Court held.

Case citation – David Banda v Attorney General (Appeal No 233/2020) delivered last month in the Court of Appeal by panel of Justices, Makungu, Sichinga, SC and Siavwapa.

This summary is not legal opinion but a contribution to the intellectual and scholarly discourse on issues of damages in employment cases. Kindly seek legal advice from your lawyer.

As can be seen, the Courts have awarded 3 months, 6, months, 12, month, 36 months and now 42 months in cases of wrongful dismissal. It all depends on the circumstances of each case.

THE OPPOSITION IS DELUSIONAL OVER THE DUAL CARRIAGEWAY – UPND
March 2, 2023
LUSAKA – The UPND says it is concerned with the high levels of misinformation in relation to the recently signed concession agreement on the construction of the Lusaka – Ndola dual carriageway between Government and Macro Ocean Investment Limited and the revenue realized from the toll fees.

Political consultant in the office of the Secretary General Mark Simuuwe has dispelled insinuations that the contractor will collect all revenue realized from the toll-gates for 22 years.

Mr. Simuuwe explained that the realized revenue shall during the 22-year concession period be shared between the government of the republic of Zambia and the engaged contractor as he advised the opposition and its surrogates to avoid pushing a wrong narrative as it has the potential to harm the economy.

“All of us must agree that government has had no capacity to do a road of such magnitude amid a serious debt which the previous government struggled to negotiate.

The PF should not pretend that they had capacity to construct the dual carriageway because economic realities also came into reality to put up that road”, Simuuwe said.

He further intimated that the PF intended to borrow US$2 billion to work on the same road but changed their mind after being criticized that the money was too much and later renegotiated downwards US$1.250 billion.

He said the New Dawn Administration believes in prudence in its fiscal management hence renegotiating the contract sum further down to US$577 million in line with its campaign promises in view of the country’s debt position and economic fragility.

Mr. Simuuwe said the New Dawn Administration understands the economic importance of the road which serves as the main link between the main Copper producing regions of the Copperbelt and North western provinces and the sea hence its resolve to work on it in the midst of competing socio-economic needs.

He revealed that it would be folly for the UPND and its government to allow a contractor get all the revenue realized from the toll fees for 22 years at the expense of national development as he assured citizens to retain the faith in the government as it works at stabilizing the economy.

Mr. Simuuwe said the country will be availed with details on how proceeds from the toll fees will be shared once the 36-month project is completed with anticipated increased traffic flow and reduced road fatalities.
(C) THE FALCON

POLICE STATEMENT ON JUDGE WILFRED KOPA MUMA

March 2, 2023 – Police in Mongu recieved a report of a missing person who was identified as Judge Wilfred Kopa Muma aged 58 of Liseli area in Mongu District of Western Province.

Judge Muma is reported to have left his house on March 1, 2023 around 23:00 hours and only communicated with his relatives ‘suicide’ like messages which prompted them to alert Police to institute investigations.

A 32-year-old man only identified as Phiri of Malengwa compound in Mongu reported the case of a missing person (Judge Muma) on March 2, 2023 around 01:20 hours and immediately Police instituted investigations which led to the recovery of his official motor vehicle, a Toyota Hilux registration number GRZ 437 CX which was found abandoned at the Zambezi Bridge along the Mongu-Kalabo road with keys in the ignition.

Police officers secured the motor vehicle after a 3-hour search in the area.

Initial investigations indicated that Judge Muma committed suicide by throwing himself in the Zambezi river and around 06:00 hours, Zambia Police Marine officers and members of the public were on sight again continuing with the search.

Later around 08:00 hours, Police officers received information that Judge Muma, who was heard calling for help while holding on to the grass for fear of being carried by the current in the Zambezi river, was rescued by a fisherman who was identified as Sianga Lubinda aged 32 who took him to one of the islands on the Zambezi River. He was later brought to the Bridge where he abandoned his motor vehicle using a canoe by the fishermen and was handed over to the officers who were together with other members of the public.

He was rushed to Lewanika General Hospital where he is currently receiving medical attention.

Police have opened an inquiry file into the matter.

Danny Mwale
Deputy Police Public Relations Officer

RECEIVING FURTHER INSTRUCTIONS PICS

By Miles B. Sampa, MP(28.02.2023)

Unless one is woven from natural fabric of hatred politics, it’s rude not to greet a fellow MP be it from another party and more so if a Minister.

I walked to his seat and greeted the Hon Minister of Local Government & Rural Development Hon Garry Nkombo at the Ncwala ceremony in Chipata over the weekend. He is not only in charge of the Chiefs division or traditional ceremonies but also in charge of every MP and their voters’ business called CDF. So only a foolish MP would ignore or belittle his presence.

This line of thought is however not so with a few of my PF rivals and mostly some (some) former Ministers evidently still in denial of their unfortunate circumstances if not fortunate to some. They went to town taunting me on my pic insert greeting the Minister captioning it ‘receiving further instructions’.

I guess because they can’t pick me on corruption or abuse of public resources or public offices, they and their few remaining violent cadre supporters like to decampaign my candidature for PF president by accusing me of being sponsored by the UPND. This always comes up each time I apply for any internal PF primary leadership contest but they failed to bring it up when I was stabbed trying to defend the PF Presidential vote in the August 2021 general elections.

As God may have it, within hours of me taking the pic with Hon Nkombo, other PF MPs elsewhere had or were greeting in a similar fashion others that are in top UPND and government leadership. In the pic one of the PF MPs is greeting President HH and listening attentively while another is doing the the same to the Minister of Green Economy Hon Collins Njovwu.

I have a FUNSO (question) to the few former Ministers and their few supporter against my candidature; by your own reasoning, is it true that the other two PF MPs in the attacched pics were also ‘receiving further instructions’ ?
You may take your good time before responding if ever.
Zikomo 🙏🏾

MBS28.02.2023
#siyayankondomood
#generalconferenceamust

Lusaka-Ndola Dual Carriage Way, A PPP or a Scam?

By Amb. Emmanuel Mwamba

The New Dawn Government has signed a USD 577 Million concession agreement deal with Macro-Ocean Investment Consortium for the financing, construction, operation and maintenance of 327 Kilometers Ndola-Lusaka Dual Carriage Way.

At the Launch Ceremony held at Protea Hotel in Ndola, Ministers went to a great extent to demonstrate that Government “would not spend any money on the project” as this was a Public-Private-Partnership (PPP).

Ministers stated that the Concession Agreement has secured a revenue-sharing mechanism during the concession period.

The road will have toll gates and upgrade of two weigh bridges being fully funded by the concessionaire from construction to maintenance.

Minister of Infrastructure and Housing, Hon. Charles Milupi said the concession will run for 25 years of which 3 years of construction and 22 years of operations and maintenance of the road.

PUBLIC-PRIVATE-PARTNERSHIP

Public-Private Partnership (PPP) is a partnership between the public sector and the private sector, forged for the purpose of delivering a project or a service traditionally provided by the public sector.

In the road sector, whilst toll concessions are one form of PPP, tolls should not be considered synonymous with PPP, as there are many instances of publicly financed roads carrying tolls.

It is for this reason that Zambia High Ways now carry toll plazas and the roads remain publicly funded and do not have a private partner.

FINANCING OF THE LUSAKA-NDOLA DUAL CARRIAGE WAY

Let us look at the financing structure of the Lusaka-Ndola Dual Carriage Way.

Financing Instutions;

1. National Pension Scheme Authority (NAPSA)-$300Million.
2. Workers Compensation Fund Control Board- $100million.
3. Stanbic Banka Zambia Limited- $200million.

Let us be clear, both NAPSA and Workers Fund Compensation Board are public pension schemes and are public institutions.

This is a publicly funded project with $200million sourced by a loan contracted from a private bank by Government!

NAPSA was formed through an Act of Parliament to provide income security against the risk arising from retirement (old age), death and invalidity with a focus on adequacy of benefits while the WCFCB is a social security scheme responsible for compensating workers in respect of accidents suffered and diseases contracted during the course of their duty.

Clearly this is a strange.

MODELS OF PPPS

All models of Public-Private-Partnership are known.

The purpose of entering into a PPP project is to free Government resources and provide for other urgent social needs but use the opportunity to access private sector financing to build public infrastructure.

The private sector then recovers their money through tolls or user charges of the road or Government takes the burden and picks up the tab as a public debt and pays the private partner through taxes.

Another well-known model is where the private sector finds the investment to finance, build, and operate the project. But Government or the Public partner then retains ownership of the assets after expiry of the lease period.

Infact, this is what is provided for in the Public-Private Partnership (Amendment) Act No 22 of 2020.

But in this case, Government has found the money through pension funds and will supplement it with a loan from a private Bank.

Government will pay for the design, will hire a contractor to build the infrastructure, but will hand it over to a private partner to collect tolls or user fees for 25 years!

What’s the role of the private partners in the Consortium?

This is a scam!

By Amb. Emmanuel Mwamba

The Mine in M’kushi, the Drama in M’kushi, the Scramble for Mineral Resources

Mubita Nawa was suddenly criminalised, he was forced to be on the run, the message reinforced by their own media.

Nawa was found in Solwezi reportedly in hiding, lifted like a dangerous armed robber from Solwezi and transported to M’kushi.

At the heart of this drama is a copper mine in M’kushi-named Ndalumba Mine.

Accusations are flying.

President Hakainde Hichilema had to personally deny ownership of the mine and absolved the First Lady, Mama Mutinta Hichilema.

Minister of Mines and Minerals Development, Paul Kabuswe and State House Chief Communications Specialist, Clayson Hanasaka issued seperate statements about the ownership of the mine.

It is clear that there is more to this tussle when you see the registered owners of the mine.

They are top UPND players.

UPND Lusaka Province Chairperson, Hon. Obvious Summerton Mwaliteta, and UPND National Youth Chairperson, Mr. Gilbert Liswaniso with others in partnership with a foreign national.

Whatever the crisis happening over the fight over this mine, the people of M’kushi, like many local mining communities in Zambia are made to be desperate by-standers.

Ifyakulya ubushiku fitulikila kumalushi.

This saga of Saco Copper Mine in M’kushi owned by Ndalumba Resources can not be wished away because of;

1. Mr. Nickson Chabwe( a nephew of the First Lady who has literally grown up in the Hichilema household).
2. Hon. Obvious Mwaliteta( UPND Lusaka Province Chairperson).
3. Mr. Gilbert Liswaniso( UPND National Youth Chairperson).
4. Mubita Nawa- UPND Special Assistant to the President, who appears to be a hapless victim of the excessive abuse of law enforcement agencies and was subject of unfair scandalisation by both ZNBC and Koswe Media run by State House Media.
5. The dismissal of the Ministry of Mines and Minerals Development Permanent Secretary, Mr. Mooya Lubamba.( He is said to have authored a Report that disclosed the proximity of State House and the First Family to the M’kushi Saga ).
   Be fair, corruption is corruption.

NKOMBO MUST REVEAL PF MEMBERS WHO FRAUDULENTLY GOT ROAD CONTRACTS – FORMER PF SG MWILA

…. he would be considered a big liar if he did not produce the list.

FORMER PF secretary general Davies Mwila has challenged Local Government and Rural Development Minister Gary Nkombo to produce a list of PF members who obtained road contracts fraudulently.

On Wednesday last week, Nkombo challenged those aggrieved about the cancellation of road contracts to proceed to court.

Nkombo said 90 percent of PF members obtained road contracts fraudulently.
However in an interview, Thursday, Mwila wondered why investigative wings had not taken up the matter.

“Honourable Nkombo must be honest to himself. He has not produced a list of all those contracts that were given to the PF leaders or members. If surely those that were given contracts didn’t do contracts when they were paid, it is the responsibility of government to take up that matter to the investigative wings of government. If you are given a job and you are paid but you don’t do it, that is daylight theft. So I challenge him to bring out the list of those that were paid but didn’t do any job. Why can’t he forward all those names to investigative wings rather than just mere say? I cannot take him serious,” he said.

“They have been talking about this issue for one year seven months now and nothing is being done. Everyday when they wake up, it is a blame game. They want to blame PF for everything. When they fail to perform, they will blame PF. Whatever they want to do, they have to bring in PF. PF is no longer in power for one year seven months and it is now their responsibility to carry forward what we left. But I challenge him to bring out the list of those that have not done the job but were paid. If surely he is serious, he should have taken the matter to the investigative wings to investigate because those are public funds. If anyone was paid and didn’t do the job, something must be done. Because this government is not serious, it is just mere say. They will continue preaching until 2026”.

Mwila said Nkombo would be considered a big liar if he did not produce the list.

“If he brings the matter to the public, then the issues are in public domain. So the Zambian people must know how the money was spent and used. They just want to paint PF black but we will not accept that. We challenge him, let him bring out the list. Those are mere excuses. I do not believe that 90 percent were PF members or leaders. If surely it is true, he has to bring out the list so that we know. Without the list, I will tell Nkombo that he is a liar, a big liar. If surely he means well, he is supposed to produce a list so that Zambians will see who is telling the truth,” said Mwila.

(Credit: News Diggers)