NAPSA PARTIAL PENSION SCHEME PROGRESSIVE.

As we discuss this issue, Zambians should know that it is optional not mandatory that every employee should draw their accumulated pension.

It is undoubted that the NAPSA Pension Scheme reforms that the New Dawn Government under the able leadership of President Hakainde Hichilema is undertaking are well meant.

While in opposition, the President pledged to reform the NAPSA Pension Scheme and he is living up to his words. This move has excited the civil servants and other stakeholders despite mixed fears of unknown especially by the opposition political parties.

The reforms under discussion emanated from the cry by the civil servants that at retirement age their energy to productively use the pension would have reduced and become destitutes due to prolonged time of getting their benefits and some even die in the process while pushing their benefits.

In short, the president doesn’t want the situation where pensioners assemble at the ministry of justices to claim their money like what happened in the previous government. Equally, life expectancy in Zambia and Africa at large has drastically reduced hence the probability of the retiree surviving and being physically fit is slim.

Being a listening Government, the New Dawn upon assuming power began to actualise what the Drivers of Government business, civil servants wanted.

Under the new pension scheme, civil servants will have the freedom to make partial withdraws from their pension savings from what would have accumulated over a guided period of time.

The partial payment will move those working in the public service to entrepreneurship, a move which will create jobs and wealth for families

The pension scheme will also allow civil servants while energetic and productive to do business or invest into real estate or whatever business to have access to some funds. This has been a cry from the civil servants, that previous governments failed to actualise.

The partial pension will also give civil servants a sense of investment while they are still working.

To those who will opt to embrace the partial scheme, it will help them reduce over dependence syndrome on the yoke of loans where the majority of civil servants have been taken hostage.

The scheme has been well received by majority of civil servants as it gives them a sense of responsibility, knowing very well that the partial payment would have drastically reduced the final pension after retiring.

Here, the good investment of the funds will be cardinal especially in informal sector (SMEs).

The concerns raised by opposition political parties and other stakeholders are taken but maybe applicable in the future as pension schemes are not static but progressive.

For instance, the PF under President Michael Chilufya Sata proposed a two tier pension system in which there was to be a compulsory monthly and optional contribution scheme under which a person could withdraw their benefits while in employment and use it for investment before retirement. Presently this system cannot work as the Government is still realigning the damaged economy by the previous government.

Indeed many suggestions from stakeholders are welcome and valuable as they will contribute to strengthening the pension scheme in future.

Contact: UPND Media Director Ruth Dante Heaton. 0976503165/ 0975705808

Email: dante.ruth@gmail.com

We the members of Parliament will be reluctant to welcome to parliament the people who will be elected in the Kwacha and Kabushi by-elections, Mpika Member of Parliament Francis Kapyanga has said.

Mr Kapyanga was speaking during a media briefing by members of the opposition at parliament in Lusaka yesterday.

He said MPs both from the opposition and some from the ruling UPND have expressed displeasure with the disregard that the government institutions are giving to the laws that members are enacting.

Mr Kapyanga called on the Commissioners at the Electoral Commission of Zambia (ECZ) to stop being toothless and work to protect Zambians.

“The commissioners at the ECZ should not protect the interests of political parties but those of Zambians who they are mandated to protect,” Mr Kapyanga said.

Mr Kapyanga said the commissioners should adhere to the principles that the ECZ is an independent body with a very big responsibility which when mishandled can bring chaos.

And Shiwang’andu MP Stephen Kampyongo said the opposition MPs will not sit back and watch the constitution being raped.

Mr Kampyongo said the circus was not over as PF would make sure to challenge the winners of the elections.

And speaking at the same briefing, leader of the opposition in parliament, Brian Mundubile, said the desire by the UPND to change the constitution should worry Zambians.

Mr Mundubile said it was unfortunate that the courts themselves participated in the injustice that occurred around the two by-elections.

He said the fact that ECZ as an institution openly disobeyed a court order twice and the courts chose to watch was unfortunate.

He said it was a known fact that the judges were going through a lot due to the existence of the Judicial Complaints Commission which was filled with UPND cadres who were mistreating and putting them under pressure.

Mr Mundubile said the turn of events in Kabushi and Kwacha was expected.

He said this was because a government which ascends to power using illegal means would continue using such methods as they went forward.- Daily Nation

We will never have credible elections in Zambia for as long as the Electoral Commission of Zambia (ECZ) is not independent of the Executive, Makebi Zulu has warned.

And Mr Zulu has cautioned that democracy is under threat in Zambia and that there is a real danger that citizens could resort to self-help if the United Party for National Development (UPND) government will continue manipulating the electoral system.

Meanwhile, Mr Zulu, the former Patriotic Front (PF) Malambo Member of Parliament has said the former ruling party is going to challenge the outcome of the Kabushi and Kwacha parliamentary by-elections because the grounds for the petition were plenty and potent.

In an interview yesterday, Mr Zulu who is a lawyer in the Bowman Lusambo and Malanji cases said it was clear that the ECZ was not independent and that the credibility of any election conducted by the Commission shall be questionable.

He said if nothing was done to change the status quo and make the ECZ independent, Zambia was likely to end up in a serious chaotic situation, stating that it was his prayer that the country should never degenerate to such levels of lawlessness.

“What is clear is that the Electoral Commission of Zambia is not independent. So the credibility of the elections conducted by the ECZ will be questionable at any given time. And if nothing is done to ensure the ECZ reclaims its independence, we are likely to end ourselves in a very chaotic situation. But if people no longer trust institutions of democracy, they resort to self-help…and God forbid we should head that way,” Mr Zulu said.

Mr Zulu has however said the remedy to avert chaos in the country’s governance system was for Zambians to demand the independence of the ECZ which had subordinated itself to the manipulation of the executive.

The Lusaka renowned lawyer stated that it was clear that there had been connivance on the part of the Executive and the ECZ on the build up to yesterday’s by-elections in Kabushi and Kwacha.

“…and as long as the status quo remains, we will never have credible elections in this country,” Mr Zulu said.

On Thursday and in a turn of events, Acting Chief Justice Royda Kaoma adjourned all the matters involving the Attorney General from October, 19th to October, 21st, 2022.

“I refer to your letter of today’s date that all courts with matters involving the Attorney General from 19th October, 22 to 21st October, 2022 adjourn such matters as the State Advocates will be attending the arbitration course with the Chattered Institute of Arbitrators. Note that your request has been granted,” Justice Kaoma said.

After Justice Kaoma had made an announcement postponing all matters involving the Attorney General, the Court of Appeal sat and observed that the High Court Order that had stayed the Kabushi and Kwacha Parliamentary by-elections was in fact still in effect.

While the drama was still unfolding, The Constitutional Court was making a decision to annul the High Court Order that had stayed the Kabushi and Kwacha parliamentary by-elections and ordered that the elections should go ahead scheduled by the ECZ.- Daily Nation

HOW PF HAVE NOW BECOME KINGS OF SOCIAL-MEDIA

By John Noel Lungu
UPND Member

HOW THE PATRIOTIC FRONT IS TRYING TO WIN THE SOUL OF SOCIAL MEDIA..

INTRODUCTION.

According to the Patriotic Front, they claim they have already taken over the grassroot.

Historically,Social Media has been used as an effective tool for change across a broad spectrum of society.

We saw how Social Media played an important role during the Arab Spring.

Zambia too has had its fair share of using social media fostering change especially during the 2021 general elections.

It is an open secret that without effective influencers on social media our party was not going to scoop the previous general elections.

Whoever underplays the importance of social media does that at their own risk…

ANALYSIS.

LESSONS FROM TRADE KINGS.

The Trade Kings media group is privileged to be run by a person that I shared the same business administration class with.

James and his team with a supporting management have succeeded in fostering growth of business and the company using very effective media tools.

We should not forget that the owners of Trade Kings are Muslim but James and his team have succeeded in creating a bridge between the owners and the rest of the country by rolling out affordability as well quality driven by a liberal sophisticated media campaign.

If Trade Kings wanted their own way they could have been using Imams and beautifully veld virgin Muslim girls to run and appear on media campaigns.

Was that strategy going to be welcome by the average Zambian consumer? The answer is an obvious NO..

That’s were tact comes in and James and his team have managed to deliver that.

The choice and use of models, actors and diverse personalities in their advertising campaigns is exemplary.

The acting not only delivers appropriate messages but the overall objectives of the business at play.

Because of that,there has been some kind of symbiotic relationship and reciprocal royalty between Trade Kings and it’s customers that is going to stand a test of time.

THE PATRIOTIC FRONT PREDICAMENT.

After falling from grace the Patriotic Front is slowly mastering the art of exploiting social media.

One can easily smell the presence of the Patriotic Front footprints all over social media.

As the Bemba adage says ukopoka ichinsenda kunkoko kunakilila . Hope I have said that right.

The PF are now on almost every local and international platform posting and responding to almost everything from jokes, sex, sports, arts, economics, business, religion, politics, arts ,education etc.

Their ultimate goal is to win the hearts and minds of the Zambian voter.

The Patriotic Front has succeeded in cohabiting with Zambian netizens but they have not succeeded in marrying the Zambian voter. What is preventing a successful social media marriage by the PF with the Zambians is its bad history of mischievousness..

Zambian’s will take a lot of time to heal from the heartbreak that was caused by the PF.

The Patriotic Front can and will never win the trust of the Zambian voter because of it’s bad historical record of corruption and disorder.

Zambian’s on social media may be willing to have conversations with the PF but they are not ready to take the PF hand in marriage for now. But like a consistent boy asking for a girl out the PF has kept on pushing without giving up.

The PF is taking advantage of a number of factors and weaknesses on the part of the UPND.

The PF has come to realise that the UPND is slowly losing grip with the grassroots based on the biting economy and other factors such as inactivity and disconnected party functioneries with the grassroots.

THE UPND

The UPND has very good planners and managers but we lack structures and tools that are privileged with the ability to engage with the grassroots.

We are also short of extroverts with the right vocal cords and charisma to engage with the Zambian people. These are important requisites in any marketing campaigns.

Most of our ministers are so quite like they work in the mogue. Politics is more about meeting people than it is about locking yourselves in offices.

Muyopa Chani?

The other biggest problem is the fact that our leaders prefer burying their heads in the sand, living in denial and not accepting that this is a big discrepancy.

The know it all attitude by our leaders is hugely affecting our political standing.

There is a school of thought within the party claiming that most of the UPND media platforms are underfunded.

That is true to some extent.

However, that does not take away the fact that our platforms are still operating like we are still in opposition..

Most of the articles and posts being churned out by our media platforms lack tact, are divisive, provocative ,offensive, poorly researched and mediocre in most cases.

We can’t win the hearts and minds of the Zambians with such approaches.

We need to pull our socks and churn out material which is based on objectivity,professionalism and most importantly highlting our achievements.

I can state with confidence that a good number of the posts on the UPND platforms are responsible for decampaigning the President and party as a whole.

Look at how we have failed to highlight and expose most of our achievements on social media.

There is a lot that the party in government is doing but information is not filtering through for the political benefit of the party.

Take for instance free education. I expected to see both government and party media platforms going on the ground and interviewing beneficiaries of free education and Skills burseries.

Our Members of Parliament have also not exploited the use of social media when it comes to the issue of CDF.

All they do is hold ceremonies handing over Checks and it ends there. There is lack of innovation in handling social media.

We should be following through by showing the people benefiting from CDF and how these funds are helping our communities and contributing towards community economic emancipation.

Our platforms seem to be concentrating on which civil servant has not been fired to be replaced by our own cadres..

CONCLUSION.

We have a lot to learn from Trade Kings as a party on how they have been handling their media campaigns.

We might have very brilliant ideas but how those ideas are channelled makes a big difference.

Let us learn to admit our weaknesses and appreciate the importance of using the right people and right tools in our publicity endeavours.

UNTIL we realise the importance of the impact of social media we will continue to bleed political numbers.

I submit.

John Noel Lungu.
Zambian Whistleblower is on YouTube, Twitter, Instagram, Telegram, Facebook and TikTok

SEER 1 ON ‘THE DORA SILIYA PHENOMENON’
By Isaac Mwanza

When Seer1 tells President Bally about learning something from departure of Dora Siliya from the former ruling parties to the new party, his sentiments must be understood just like that and not be underestimated.

He is right: PF largely lost an election because of selfishness, many who worked with former President Edgar Lungu and were in position to shape decisions cared more about themselves, their interests, than they did with ordinary people in their party structures and ordinary Zambians generally.

Their relationship with the former ruling party was about the benefits they could get, that is what kept them closer to the former ruling party and the Leader.

Immediately, PF lost these very people who portrayed themselves as darlings of the party and the President chameleonically moved on and are looking for opportunities to transform themselves from Green to Red. When time comes, they will portray themselves as more Reds than the actual people who fought for the Red to come into power.

The list does not exclude Independent MPs. The biggest mistake those that surrounded former President Lungu made was to think that by supporting independent candidates, the strategy would help them gain numbers to remain in government. Independent candidates who were supported by those that surrounded President Lungu had more resources, party materials and vehicles than their own candidates on the party list.

But among these independent MPs who won and thrived on the support they received, how many have remained grateful and loyal to those who supported them? Only Munir Zulu, the man who was not even supported is standing with them.

The many independents who received support are now behaving as if nothing ever happened. They are busy working out opportunities to dine from the King’s table with both hands. They can and will probably do anything to even support the prosecution of those who supported them to become independents all in the quest to be seen as the good ones. This is a test of loyalty.

What lessons are in this which Seer 1 would like President Bally to learn:

1. The ivory you see from people’s smiles can be fake and temporal, be loyal to those who helped you on your way up because you will need them sooner when you on your way down. Those closer to you wont tell you the truth about the political outlook on the Copperbelt, Lusaka, among others;
2. Defectors will always come to you, nicely dressed in your regalia and standing next to the very riches they amassed while they worked against you, their intention is not because they believe on you but they believe in the power you possess that has capacity to continue changing their lives.
3. At most, be loyal to those who were loyal to you. A man’s and woman’s true loyalty is defined when one is struggling or in trouble. There are politicians who don’t just love the idea of staying in opposition as you did but seek a smooth path all the way. They need to protect their businesses and continue living a good life. These will bring you down.
4. People in institutions such as the Electoral Commission of Zambia will help you get some temporal victories, as it has happened in Copperbelt, because that is the nature these Commissions under any executive arm but it usually dawns that soon they may not manage to deal with peoples pressure. The election in Copperbelt must be an eye opener than being considered a victory.

Remember, be good to the people who were with you on your way up the ladder, you will need them on your way down, that’s the way it is

NAPSA PARTIAL PENSION: WHAT I KNOW AND WHERE WE’VE COME FROM

…Please, read this carefully to argue from an informed position.

By CHARLES CHISALA

THE fact that it has divided the nation speaks volumes. The decision by the New Dawn government to implement the policy of allowing workers to access their pension before retiring is the bull elephant in the room.

Those who are supporting the policy have been savagely mauling anyone with a different view.

Eminent economists Lubinda Habazoka and Chibamba Kanyama, and opposition politician Sean Tembo have been victims of cruel trolling and dragging on social media at the hands of government supporters, some corporate communication practitioners and mostly prospective beneficiaries of the reform for merely offering their expert opinions.

Whether it is good or bad does not mater to me because I am peacefully enjoying my full life pension which comes in form of a monthly salary. It can’t buy me a private jet but it is enough to meet the basic needs of my family. I can’t complain.

I just want to contribute to the debate by sharing what I know so that people can engage from an informed perspective.

Reforming the country’s social security policy and legal frameworks to make them more responsive to present circumstances and meet the evolving needs of pensioners was one of the top priorities of the Patriotic Front (PF) party’s manifesto while in opposition. It was one of its leader late Michael Chilufya Sata’s campaign promises before the 2011 general elections.

After winning the elections Mr Sata wanted his promise to be immediately implemented.
In 2013 a technical team headed by then Ministry of Labour and Social Security permanent secretary Trevor Kaunda was appointed to develop a communication strategy for the national pension reforms.

I was in the media sub-team with seasoned journalist Berry Lwando. Our task was to craft an effective national communication campaign aimed at educating citizens on the long-term benefits of the reforms. Instead of getting a lump sum of their pension as had been the case pensioners would be receiving a monthly salary for the rest of their lives.

The PF government had come up with a two-tier system where employees would be required to make monthly contributions to a statutory (compulsory) pension scheme (NAPSA) and an optional scheme under which they could access their benefits while they were still in employment.

They could use the money to build a house, start a business or invest in education without tampering with their life pension at NAPSA because it was for their survival after leaving employment.

To come up with these reforms the government had appointed a technical team which had travelled to various countries within Africa, in Europe, United States and other parts of the world. The aim was to study their pension schemes, look at the best practices and make recommendations to the government on a system that could be most beneficial to the Zambian worker.

The team also toured Zambia widely to obtain an empirical picture of the living conditions of pensioners. The reforms Mr Sata’s administration was introducing were a response to the recommendations contained in the technical team’s report.

In the National Pension Reforms Communication Strategy Technical Team Mr Lwando was responsible for electronic media while I was in charge of the print media component. We were therefore privileged to have access to the report. One of the key findings was that the system of giving lump sums upon retirement had wrought havoc on the lives of pensioners and their families.

Many cases had been cited in the report. Many Zambian pensioners had been investing their lump some benefits in businesses when they had never done any business before. As a result, the businesses collapsed leaving them without an income to survive on.

Some had used their pension to build houses. In some cases, the house construction project would gobble the entire pension creating a situation where the pensioner and their family had a house to live in but without an income to live on.

In fact, in many cases the money finished when the house was only at window or roof level. Even after selling the incomplete house the family remained without a source of livelihood. It did not help matters.

Yet some recklessly squandered their entire pension on self-indulgence and ended up without any money to survive on. Many of these pensioners became destitute and ended up either losing their mental balance, dying of depression or committing suicide leaving behind widows, widowers and orphans.

Without any means of survival many pensioners and beneficiaries became a burden on the government. Social cash transfer and food security packs became their sole source of survival. This put unnecessary pressure on the national Treasury.

In the years the monthly salary pension regime has been in operation pensioners have had a reliable source of survival because they are assured of an income every month despite being unemployed.

We are now partially reverting o the old regime that existed before the PF ascended to power because almost every eligible worker will be queuing for their partial pension. This will reduce their monthly life pension after retirement.

President Hakainde Hichilema had promised that his government would reform the national social security system so that workers could withdraw part of their pension from NAPSA instead of waiting until they retire. Like Mr Sata Mr Hichilema is merely fulfilling his promise to the voters.

However, it has raised a tempest and left the country rent in the middle. Two extreme camps have emerged: those in support and those who are against the reform.

We need a sober, intelligent debate in the interest of posterity. It is important for both sides to listen to each other and not bully those who don’t agree with us.

So far, most of the arguments I have seen on social media have been based on emotions and not reason. In the end it will be up to an individual worker to decide, although the lure of cash is almost irresistible.

My advice is that we look back at history and see what lessons it can teach us. It is for the good of our nation.

THE EMBARRASSINGLY UNPRECEDENTED LOW TURN OUT OF VOTERS SHOWS THAT EVEN THE UPND MEMBERS HAVE REFUSED TO VOTE IN THE SHAM KWACHA AND KABUSHI BY ELECTIONS

21/10/2022

We know that UPND does not have politicians, but businessmen ready to sell Zambia to the highest bidder, but what has happened in Kwacha and Kabushi shows that UPND just lacks think-tanks that can help the party make sound decisions that are good for them and the country at large.

Never before have we seen a head of state go twice to campaign in a by election in another province and stay in a Constituency so many days, begging people for votes and then on Poll Day people refuse to come out including members of his party.

It is a fact that Mr. Hakainde Hichilema’s style of leadership is not inspiring. And the autocracy, stubbornness and disregard shown in these two by elections just to win the two constituencies at all cost, has put a dent on the already questionable governance and leadership style of the Zambian President Mr. Hakainde Hichilema and his team.

Zambia is not a business, it’s a nation, it’s not a company, its a country and heaven knows its not a company board, its a state. People power is the real and ultimate power and you cannot force your will on people like that. After this, the UPND will try to do damage control, but the truth is that they will never repeat the maneuvers that they did in these two constituencies, unless their levels of shame and integrity are at zero. The shame attached to these elections and the way the people have thrown the last blow shows that indeed people know their rights and that is why even the UPND members in these two Constituencies did not turn up to vote in these sham of elections.

How does the head of state keep embarrassing himself like this? Where are his advisors or even just friends? We know that we have a very stubborn president who listens to no one but himself, but can people that care for him, the UPND and the country at large gather even two percent courage, look their boss in his eyes and tell him to stop the rot. He can’t continue to do things they do not make sense like what happened in these shameful elections.

People of Kwacha and Kabushi, you are the real heros. We salute you. Let it be known even to the future generations that there lived a King/ President who forced elections 58 years after Zambia got independence. He totally disregarded the Courts and the Constitution to have his way or no way. But the people stood up and showed him that they can’t be forced to vote for people they don’t want. We really need to watch and pray, otherwise Zambia as we know it will be a shell of itself in just a year and a few months of this autocratic regime.

Issued by:

Saboi Imboela

President- NDC

Mubita Nawa is new Lusaka Province police deputy commanding officer

THE Zambia Police Service high command has effected staff transfers and appointments in the provincial and other divisions.

Substantive commanding officers have been appointed.

At State House, Justine Molo is the commanding officer and senior assistant Shapa Wakunguma, who is President Hakainde Hichilema’s Aide-De-Camp (ADC), has been promoted to the rank of deputy commissioner of police, State House division.

Copperbelt Province acting commanding officer Sharon Zulu has been transferred to Northern Province as the substantive commanding officer.

Retired deputy commissioner of police Peacewell Mweemba has been recalled from retirement and appointed as Copperbelt Province commanding officer, on contract.

Luapula Province acting commanding officer Daniel Mseteka becomes the deputy for Mweemba.

Western Province acting commanding officer Fwambo Siame has been confirmed in that position there and will be deputised by Faula Namalongo.

David Mukuka Chileshe has been recalled from retirement and appointed as the Central Province commanding officer, to be deputised by Charity Munganga, who has been Western Province deputy commanding officer.

Luapula Province will have Gloria Mulele as the commanding officer and will be deputised by outgoing Kamfinsa School of Public Order and Maintenance (SPOM) commanding officer Patrick Bili.

In Muchinga Province, Paul Achiume, who has been Lilayi Police College commanding officer, will be the new commanding officer, with Stephen Mayoko as the deputy commanding officer.

Protective Unit headquarters commanding officer Limpo Liyali is the new Eastern Province commanding officer and his deputy is Buumba Munkondya, who has been Muchinga Province acting commanding officer.

Retired assistant commissioner of police Fred Hamaamba is recalled from retirement, promoted to the rank of deputy commissioner of police and appointed protective unit headquarters commanding officer.

In Southern Province, retired Mubanga Kaunda has been recalled and appointed the commanding officer, to be deputised by outgoing Eastern Province acting commanding officer.

Dennis Mola is the new commanding officer in North-Western Province and will be deputised by former Southern Province acting commanding officer Alfred Nawa.

In Lusaka Province, the deputy commanding officer, Creto Kaanza, has been promoted to be the commanding officer and his deputy is Mubita Nawa.

Nawa is an accomplished police officer of many years in the Service and, until this appointment, has been the Criminal Investigations Department (CID) deputy director at the police headquarters.

Nawa’s rank has since been upgraded from senior assistant commissioner of police to deputy commissioner of police.

Other appointments have seen outgoing North-Western Province deputy commanding officer Robinson Moonga becoming the airports division commanding officer, on contract.

Auxensio Daka has been recalled from retirement and made to act, on contract, as commissioner of police in charge of administration at the police headquarters.

Tresford Kasale, who has been undeployed, has been appointed as the director – medical at police headquarters.

Kalemba

LOW VOTER TURNOUT CHARACTERIZES KABUSHI AND KWACHA BY-ELECTIONS
By Tinkerbel Mwila/Michael Kaluba

The Kwacha and Kabushi parliamentary by-elections have been characterized by low voter turnout.

In kwacha constituency, the majority of the 91 polling stations had not yet reached 50 voters as at 11:00 hours this morning, with over 64,000 eligible and registered voters.

Most of the polling stations visited by Phoenix News in some of the 7 wards among them Ipusukulo, Musonda, Kwacha, Lubwa and Riverside wards, were yet to finish the first strip of ballot papers that has a total of 50 with the highest, 43 voters at valley view stream 02, which has a total of 745 registered voters.

For kwacha resident Manford Mwenda, the election has seen huge voter apathy because most residents feel their candidate of choice is not participating in the election.

And speaking after casting his vote at valley view school at 10:35 hours, UPND candidate Charles Mulenga lamented the low voter turnout and attributed it to a lack of sensitization by the Electoral Commission of Zambia-ECZ- and a lack of understanding by the electorate that staying away only disadvantages them.

Meanwhile, Leadership Movement candidate Professor Oliver Silumbe says it will be challenging for whoever will win the election to work with the people because of how the election has been handled from the postponement, alleged unprofessionalism from the judiciary, selfish motives by some politicians and a lack of sensitization of the electorate, all leading to low voter turnout.

And Economic Freedom Fighters candidate Ashan Jayawardene did not cast her vote as she is not a registered voter in kwacha while independent candidate Lawrence Kasonde is scheduled to vote at 14:00 hours at CBU with Shadreck Mumba of the united prosperous and peaceful Zambia not reachable by broadcast time.

And in Kabushi Constituency, some of the electorate talked to say they have decided to shun the elections because their preferred candidate was not taking part in the polls while some say they have voted in order to have representation in parliament.

UPND candidate Bernard Kanengo cast his vote at 7:30hrs at Kaloko polling station, Independent candidate Richard Kalasa is not a registered voter in Kabushi Constituency while independent candidate Alfred Yombwe and leadership movement Osias Telela were unreachable by broadcast time.

Meanwhile, Non-Governmental Organization Center for Governance President Patrick Mutanga has described the low turnout as a silent boycott by the electorate in Kabushi Constituency.

Mr. Mutanga has also expressed concern over the lack of monitoring agencies for three participating candidates saying only non-governmental organization observers and UPND are present in polling stations.
PHOENIX NEWS

By Sishuwa Sishuwa

After coming to power via a democratic election, President Hakainde Hichilema and the ruling UPND have manipulated the Electoral Commission of Zambia and the judicial process to exclude key opposition candidates from the ballots taking place today. At the heart of these manoeuvres is the fear of defeat to the excluded candidates and the desire to increase their number of MPs in parliament for the purpose of amending the constitution to entrench themselves in power.

To give the elections some guise of legitimacy, they have ‘allowed’ weaker rival candidates to remain on the ballots in both Kwacha and Kabushi constituencies. In so doing, the UPND has strategically rigged and ‘won’ the elections even before the first ballot is cast. This form of rigging is called electoral exclusion. By employing this desperate and dangerous strategy to win polls, the ruling party is effectively fermenting civil strife and even civil war – the usual outcomes of similar experiences elsewhere in Africa.

If Hichilema and the UPND are prepared to go to this length merely to ‘win’ a parliamentary by-election, what would stop them from rigging a presidential election? Having been in the doldrums of opposition politics for over two decades, the UPND is sending a clear message that they will go to any length – including manipulating the rules and norms of a democratic political game, illegitimately banning rival candidates, and abusing incumbency advantage – to secure electoral victory and retain power.

Be worried, Zambia. Our democracy is still under attack, but now by President Hichilema, the man who vowed to rescue it when he was in opposition.

If we are to improve the quality of our governance, we must remain engaged in the democratic process in between elections, as opposed to waiting for Election Day to rescue the country from the abyss. Without the consequences of criticism from many of the voices from academia, civil society and the church who spoke truth to power under the previous regime, this ‘new dawn’ leadership might turn out to be a tragedy for both our democracy and the country.

Contrary to what many are saying, Zambia is not returning to democracy. Not yet.

KABUSHI AND KWACHA ELECTORATE FINALLY VOTE
By Patricia Male/ Michael Kaluba

The controversial by-elections in Kwacha and Kabushi constituencies have finally gone to the polls after a protracted process to give the two areas representation in parliament.

The by-election was initially scheduled to have taken place on September 15th 2022 but was pushed to today, October 21st after they were halted by the Lusaka High Court pending the determination of the petition where the two former MPs Bowman Lusambo and Joseph Malanji for Kabushi and Kwacha respectively challenged the decision by the Electoral Commission of Zambia –ECZ- to reject their nomination papers.

The ruling followed the injunction filed by Mr. Lusambo and Mr. Malanji where they sought the suspension of the parliamentary elections in their constituencies.

In the affidavit before the court, Mr. Malanji and Mr. Lusambo claimed that they would suffer prejudice unless the parliamentary polls are suspended.

The by-election further suffered a setback after two independent candidates Lawrence Kasonde and Alfred Yombwe withdrew their candidature in the Kabushi and Kwacha Parliamentary by-elections two days before the election, which they later rescinded.

The by election is taking place without the participation of the biggest opposition political party, the Patriotic Front.

Meanwhile, the opposition Patriotic Front has challenged Zambians to interrogate whether President Hakainde Hichilema’s actions regarding the embattled Kwacha and Kabushi constituency parliamentary by-elections are within the confines of law or places him above the law.

PF Acting President Given Lubinda has charged that today’s election which has excluded the former ruling party from participating is illegal following yesterday’s ruling by the Court of Appeal that the stay of the election by the High Court is still in force.

Mr. Lubinda in an interview with Phoenix News wonders whether the head of state understands the rule of law or the sanctity of the courts of law whose ruling he and the Electoral Commission of Zambia-ECZ- have allegedly ignored.
PHOENIX NEWS

ENTRENCHING DICTATORSHIP USING STATE INSTITUTIONS AND THE COURTS OF LAW

By Amb. Emmanuel Mwamba

Following the nullification of Kabushi and Kwacha constituencies seats, and Luangwa District Council Chairperson, events have unfolded that have threatened our democracy and may have changed the path and course of our democracy forever.

Here is a timeline of the events.

TIMELINE

11th August 2022

The Electoral Commission of Zambia announces that parliamentary by-elections in Kabushi and Kwacha constituencies will be held in Thursday, 15th September 2022.

ECZ states that nominations by aspiring candidates will be held on 25th August 2022.

24th AUGUST 2022

ECZ PREVENTS BOWMAN LUSAMBO, JOSEPH MALANJI FROM FILING THEIR NOMINATIONS

The Electoral Commission of Zambia (ECZ) says it will NOT accept nominations from any candidate who caused a vacancy in the National Assembly.

ECZ Corporate Affairs Manager PATRICIA LUHANGA says this is in line with Article 72 sub section 4 of the Constitution of Zambia Amendment Act Number 2 of 2016.

24th AUGUST 2022

Law Association of Zambia condemns the ECZ for engaging in interpretation of the Constitution, a preserve of the Judiciary on their false stance that certain candidates were not eligible. LAZ also remind ECZ that nullification of the seat did not mean disqualification citing the Constitutional Court ruling in the matter of nine Members of Parliament that the Speaker expelled Vs LAZ.

25TH AUGUST 2022

ECZ Returning Officers in Kabushi and Kwacha constituencies refuse to accept nominations filed by Hon. Bowman Lusambo and Hon. Joseph Malanji, claiming that they were not eligible to participate in the elections.

13TH SEPTEMBER 2022

HIGH COURT HALTS ELECTIONS

THE Lusaka High Court granted Bowman Lusambo and Joseph Malanji their application to halt activities relating to the by-elections in Kabushi and Kwacha, pending determination of their matter.

This was two days before the election was due to be held on 15th September 2022.

12TH &13 SEPTEMBER 2022

INDEPENDENT CANDIDATES RESIGN

Two independent candidates; Alfred Yombwe and Lawrence Kasonde submitted resignations as parliamentary candidates for Kabushi and Kwacha constituencies in accordance with Article 52(6).

ECZ acknowledged their resignations but refuse to call for fresh nominations as required by law.

14TH SEPTEMBER 2022

ELECTIONS SUSPENDED

Following the High Court Ruling canceling the election, the Electoral Commission of Zambia inform stakeholders that the election scheduled for 15th September 2022 had been suspended until further Notice.

16th SEPTEMBER 2022

The High Court quashed the State’s application for leave to appeal against the suspension of the Kabushi and Kwacha parliamentary by-elections.

The Court further denied an application by the state to stay the suspension of the by-elections.

16TH SEPTEMBER 2022

The opposition Patriotic Front PF’s Lawrence Shaba wins the Luangwa District Council Chairperson by-election.

16TH SEPTEMBER 2022

The State had applied for an order to stay the decision of the High Court suspending by-elections in Kabushi and Kwacha constituencies as it intends to appeal against the ruling.

17TH SEPTEMBER 2022

THE Court of Appeal orders a stay of proceedings and the matter before the Lusaka High Court in which Joseph Malanji and Bowman Lusambo are seeking an order that it should hold fresh nominations for Kwacha and Kabushi constituencies.

18TH SEPTEMBER 2022

The Court of Appeal dismisses an application to discharge the stay of proceedings against the High Court it granted on 17th September, 2022.

5TH OCTOBER 2022

Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza petition the Constitutional Court alleging that the Electoral Commission of Zambia (ECZ) contravened the Constitution by failing to cancel elections and call for fresh nominations in Kwacha and Kabushi Constituencies after Independent Candidates, Alfred Yombwe and Lawrence Kasonde submitted their resignations.

7TH OCTOBER 2022
INDEPENDENT CANDIDATES RESCIND DECISION TO WITHDRAW FROM ELECTIONS

Two Independent candidates who withdrew from taking part in the Kabushi and Kwacha Parliamentary By-elections write to the Electoral Commission of Zambia (ECZ) informing it if their decisions to rescind their withdrawal as candidates. They requested ECZ to be allowed to contest the polls.

In the past ECZ has refused to accept the renunciation of the letters of withdrawal stating that this is not provided for in law.

11TH OCTOBER 2022

DESPITE COURT ORDER, ECZ CALLS FOR ELECTIONS IN KABUSHI AND KWACHA

THE Electoral Commission of Zambia set Friday, October 21, 2022 as the date for the Kabushi and Kwacha by-elections. The commission also prescribed Thursday October 11 to Thursday October 20, 2022 as the period for campaigns for the two by-elections.

18TH OCTOBER 2022

THE Constitutional Court rules that ECZ did not breach the Constitution when it failed to cancel the Kabushi and Kwacha by-elections and call for fresh nominations after two independent candidates resigned from the election. The Court recognized that the High Court Order to suspend polls was still in force. The Court states that the decision by ECZ not to call for fresh nominations was justified as a High Court order suspended all activities related to elections in Kabushi and Kwacha constituencies.

20TH OCTOBER 2022

All court cases involving Attorney General Chambers adjourned -Acting Chief Justice

Acting Chief Justice, Hon. Mrs. Justice Roydah Mwanakulya Chinungi Kaoma, adjourns all cases involving the Attorney General until after the Kabushi and Kwacha parliamentary by-elections.

Justice Kaoma responded to an urgent request from the Attorney General written by Solicitor General, Marshall Muchende that all cases involving the chambers be adjourned as the state advocates were attending an arbitration course arranged at Chartered Institute of Arbitration between 19th October to 21st October 2022.

Justice Kaoma granted the request from the Attorney General Chambers.

Both the Court of Appeal and the High Court werebexpected to render their judgements regarding the two parliamentary by-elections where the Attorney General was a party to.

20TH OCTOBER 2022
APPEALS COURT
Adjourns case scheduled as Chief Justice as directed by Chief Justice.
Court however emphasizes that parliamentary by-elections in Kabushi and Kwacha constituencies could not take place as a High Court Order to stay the election remained in force.

20th OCTOBER 2022

COURT MATTERS HAVE LAPSED, CONSTITUTIONAL COURT

The matters in the High Court on Malanji and Lusambo Case have lapsed- Constitutional Court

The Constitution Court has ruled that upon the lapse of 21 days set for the High Court to hear and determine a court challenge to nominations, proceedings and all orders made by the Court ceased to have any force.

This is in the matter in which Kabushi UPND aspiring candidate Bernard Kanengo was seeking an interpretation of whether the 21 days prescribed to hear matters of nominations can be stayed or extended.

In his matter, Kanengo cited the Attorney General and ECZ as respondents seeking a determination of whether pursuant to Article 52 (4) of the Constitution, the prescribed 21 days period set for the High Court to hear the matter can be extended.

On 18th October, 2022, the Constitutional Court stated that ECZ couldn’t hold fresh nominations as the orders of the High Court to hold the elections was in force.

This morning the Appeals Court also ruled that any election held in light of the Court Order will be illegal.

However the Constitutional Court has ruled that the proceedings of the High Court have lapsed as the 21 day period has expired.

Court of appeal hammers final nail in Lusambo, Malanji by-election coffin

THE COURT of Appeal has hammered the final nail in the coffin of Bowman Lusambo and Joe Malanji’s bid to return to parliament after their elections were nullified last November.

Since the nullification of their seats on account of violence, bribery lacking Grade 12 certificate, the duo vowed to retain their seats but the Electoral Commission of Zambia rejected their nominations leading to the postponement of the by-election after they took the matter the court.

After a tense legal battle, the Court of Appeal has turned down the request by former Kwacha Constituency member of parliament Joseph Malanji and his counterpart Bowman Lusambo stop the Electoral Commission of Zambia from conducting elections in Kwacha and Kabushi Constituencies tomorrow.

Judges Justin Chashi, Mwiinde Siavwapa and Kelvin Muzenga said their hands were tied as Malanji and Lusambo were asking a wrong court to bar the electoral body from conducting elections in the two constituencies slated for October 21,2022.

The trio explained that they only stopped the High Court from rendering its decision in the main matter pending an appeal by the State over the lower Court’s refusal to refer the matter to the Constitutional Court for a determination of constitutional questions it raised, therefore they cannot issue another order staying the by-election when the same was already effected by the High Court.

This was after Malanji and Lusambo’s lawyers opposed the court’s decision to have the matter adjourned on reasons that there was a notification that the Attorney General and advocates from his chambers would not attend to cases that require his input as they were attending an arbitration course organised by the Chartered Institute of Arbitration.

Tutwa Ngulube and Makebi Zulu demanded that the matter be heard today as the ECZ was undermining the Courts to proceed with elections when a court order restraining it from holding elections in the two constituencies was still in force.

They said the adjournment sought by the State was a calculated move to facilitate the elections to go ahead.

However judge Chashi said the ECZ had already announced a fresh date for elections and granting another order suspending them would be of no effect as the High Court was the right forum to address the issue.

He added that the Court will still determine the matter on October 28 even though the by-election will go ahead tomorrow.

Kalemba

ELECTIONS WERE STAYED BY THE HIGH COURT, DEAL WITH THE CONTEMPT THAT ECZ HAS SHOWN- COURT OF APPEAL

“Any election taking place will be illegal”

Lusaka- 20th October 2022

The Court of Appeal has observed that the Kabushi and Kwacha elections were stopped by the Order of the High Court.

The Court also affirmed that the Constitutional Court also recognized that the parliamentary by-elections were stayed.

The Court emphasized that what the Court stopped were the proceedings and not the court orders that were issued by the High Court.

The Court also stated that lawyers (for Malanji and Lusambo) must pursue contempt proceedings.

The Court of Appeal also clarified that there were dealing with the specific matter of appeal by the Attorney General on an interlocutor matter.

The Court also stated that an administrative instruction by the Chief Justice to adjourn matters such as when the Law Association of Zambia is holding an annual General Conference is normal.

The Court therefore adjourned the matter to next week Friday, 28th October 2022.

VERBATIM

Court of Appeal

20th October 2022

Final Sitting.

Attorney General Vs Bowman Lusambo and Joseph Malanji

JUSTICES SITTING

Judge Justin chashi

Judge Mwiinde Siavwapwa

Judge Kelvin Muzenga

ABSENT; ATTORNEY GENERAL, SOLICITOR GENERAL, ADVOCATES

Tutwa Ngulube; Your honour there is no formal communication from the Attorney General, there is no document filed to show their absence.
They have opted to stay despite knowing procedures of how to inform.

Judge; We have seen a copy of the letter written by the Acting Chief Justice granting authority to the effect that the Attorney General be excused between 19th October 2022 to 21st October 2022.

This matter is also in public domain.

Judge passes said letter to the lawyers for the respondents.
Tutwa Ngulube; it’s also in public domain that while this matter is being adjourned, the second appellant (Electoral Commission of Zambia) whereas this court and the High Court stayed the elections.

The question will be that any election that will be held will be in direct contravention with the court orders and the Constitution.

What will be the fate of these proceedings if the second appellant proceeds to elections despite the court directives on the matter.
This has potential to create a perception that the reason for the adjournment is to ensure that the elections take place and render the view that courts have no power.
Without any order, we wish the court to pronouncements itself whether the second appellant can proceed to hold elections.

We therefore pray that the election due tomorrow be stayed until the matters before court are resolved including the application for contempt of court against 3 ECZ Commissioners and the request for constitutional reference.
I beseech the court to protect the proceedings of this court and the entire Judiciary that the elections be stayed.

HON. MAKEBI ZULU
My Lords, I am extremely worried. We have rules that regulate court proceedings.
Can a party to a court matter apply for an adjournment to the Chief Justice against the independence of judicial officers conducting trial.
JUDGE MUZENGA intervenes
The Chief Justice in the past has adjourned cases before that lawyers will be absent attending the LAZ AGM.

MAKEBI ZULU- In the matter where there is public interest, I am not a spokesperson for the Law Association of Zambia.
This Notice says a workshop will be held. A formal application for an adjournment should have filed before this court.
JUDGE MWIINDE SIAVWAPWA
It’s a general statement from the Chief Justice, it covers all cases not only this matter.

MAKEBI ZULU
We hold that this matter is of great public interest. Which matter should the AG take interest? A workshop or a matter that hinges on the respect of the Judiciary and the
JUDGE MUZENGA
Why are you seeking another stay when there is a High Court Orders to stay the elections.

We should be looking at contempt proceedings.
A stay of election is there.
MAKEBI ZULU
Our position is that the stay of proceedings by the Court of Appeal doesn’t mean that the stay of the High Court subsist.
JUDGE CHASHI
We are not part to the stay. We have nothing to do with the stay.
JDUGE MUZENGA
Let’s not mix the issues. The matter is here for interlocutory reference. We have nothing to do with the main issue. Further constitutional reference has to go to the Higj Court.

We will not add confusion to confusion.
We sympathize with the situation.
MAKEBI ZULU
We get comfort that this court has also recognized that a stay of the elections is still in force. Our consolation is that this court has recognized that a stay of the elections exists and that we now have to deal with the impunity of the second appellant to proceed with elections.

UNZA DON ADVISES LUNGU

By Naomi Daka

20th October, 2022 – Lusaka

UNIVERSITY of Zambia Lecturer and Researcher Ntazana Mutungwa Musukuma has advised former Republican President Edgar Chagwa Lungu to completely retire from active politics and focus on guiding the nation as a dignified statesman.

Reacting to a recent statement made by the former Head of State that there was nothing special in anyone being PRESIDENT, Mr Musukuma said such utterances by Mr Lungu are most likely to be misunderstood by the general public and perceived to border on political lines.

“Forget about politicking. Move on. Be a statesman that the Nation will look up-to for guidance, in the best interest of the country. Your continued political bombardings only work towards reducing your dignity. Emulate the likes of Nelson Mandela, a former President who became not only a great statesman for his country South Africa but also a World Icon,” advised Musukuma.

The UNZA Lecturer said that it was not true that there was nothing special about being President as stated by Mr Lungu because PRESIDENCY is the most dignified and highest office on the land and anyone occupying that highest Office is special and should be respected by all. He said that it is because the President is special that he is heavily guarded and protected.

“During the 2021 campaigns, you intended to hand over power to yourself, as you told us. You sang ‘Alebwelelapo Pa Mupando’ and danced. You desired to retain power because it was sweet. Why should you after losing the election tell us there is nothing special in being President? These self-contradictions only put your reputation in disrepute, which is not good for a former President,” said Musukuma.

Mr Musukuma said that it was embarrassing for a former Head of State to subject himself to attacks in the media through uttering politically-charged sentiments.

“Because of what you said recently, almost everyone is now talking against you, including opposition leaders like Ms Judith Kabemba. This does not augur well in the eyes of regional and international communities. However, for Zambia as a nation to project a good image of you Sir, the onus is on you to portray yourself as a statesman you ought to be,” said Musukuma.

The UNZA Lecturer said that having seemingly failed to leave behind a legacy worth talking about, the best Mr Lungu can now do is position himself as the best statesman.

“Let those that surround the former President help him by advising him correctly. Many have described his legacy as one of corruption and thuggery but now that he’s out of State House, he can use this time to score as a statesman, to help the poor, orphans, widows, the sick, the aged, people living with disabilities, street kids and so on,” said Musukuma.

Adding, “The worst that can happen to Mr Lungu is for him to fail as a statesman like many say he failed as President.”

During prayers on this year’s National Day of Prayer on 18th October, 2022, instead of praying for national reconciliation, peace and unity, Mr Lungu went off-mark and charged that there was nothing special about anyone being President, in apparent reference to incumbent President Hakainde Hichilema, a statement Which has widely been condemned by well-meaning Zambians.

ZAMBIA STAGNATE AT 6th ON THE WORLD TOP COPPER PRODUCERS LIST

… a case of us failing to drive a BMW on a full tank to speed beyond 50 km/h on a 6 lane zero pothole high way to the Copperbelt (Kabushi, Kwacha, Mufurila, Chingola etc)

By Miles B. Sampa, MP (18.10.2022)

Zambia is amongst the top copper producers in the World but has relatively remained stagnant when compared to peers.

Imagine 3 babies born on the same date in Zambia, Chile and Congo DR.

They find that God gave their Countries of birth a million football grounds everywhere visible.

50 years later the child born in Chile 🇨🇱 becomes the soccer ⚽️ World Cup winner. One born in Congo DR takes Silver medal.

Despite also having a million stadia as Chile and Congo DR, Zambia not only did not qualify for the World Cup, but still remains in the amateur divisions or ranks.

Chile and Zambia’ s copper production were at par in 1964. Zambian and Congo DR share the same huge rock of copper underground and above surface there are ‘imaginary’ man made separation of the rock called borders namely Mikambo and Kasumbalesa border.

It’s the same big rock of copper deep underground that forms the foundation base for the North Western and the Copperbelt provinces in Zambia while on the Congo DRC side the province is called Kantanga.

With that in mind, here is the current global Copper production status quo. A total of 21 million metric tones (MT) of Copper is produced globally.

Too 10 Copper producers ranking by Country.

(Source: USA Geological survey 2022)

1. Chile (5.6 million MT)
2. Peru, (2.2 million MT)
3. Congo & China (1.8 million MT in 2021)
4. USA (1.2 million MT in 2021)
5. Austrailia (900,000 MT in 2021)

6. Zambia 🇿🇲 (2021)
Mine production: 830,000 MT
Copper production fell last year in Zambia, which ranks sixth in terms of copper production by country. Its 2021 rate of 830,000 MT was down from 2020’s production of 853,000 MT. There are four major mines that dominate the country’s copper production, including Barrick Gold’s (TSX:ABX,NYSE:GOLD) Lumwana, First Quantum Minerals’ (TSX:FM,OTC Pink:FQVLF) Kansanshi and Konkola Copper Mines, a subsidiary of Vedanta Resources (NYSE:VEDL). The Zambian government recently took complete ownership of Mopani Copper Mines (in which it had a 10 percent stake) from Glencore.

7. Russia (820,000 MT in 2021)
8. Indonesia (810,000 MT in 2021)
9. Mexico (720,000 MT in 2021)
10. Canada (590,000 MT in 2021)

If our copper production strategies since independence was football, It would have been called chipantepante. Kick in whichever direction convenient when in possession of the ball.

We have been indecisive swinging from nationalisation, privatization to mixed approach.

We have now coined a 10 year plan to boost production and have done so by varying the Mineral Royalty Tax (MRT) calculations. We have forgone huge revenue to the public Treasury. The aim as we have been told is to maintain and attract foreign investors that will jumpstart our copper production to desired levels. Happens to be a decade strategy and a gamble that might or might not work.

We need a factual (not political) research to establish why we have lagged behind peers in our Copper mining.

It’s never too late to change our mindset and strategy so as to catch up with the Congo DR 🇨🇩 current copper production levels of 1.8m MT compared to our meagre 830,000 MT. All this when the Congo DR has far more tribal, political, economical and security challenges than those of Zambia.

Together We Can
MBS20.10.2022