Ballot Papers for the Kabushi constituency parliamentary by-elections have arrived in Ndola. The truck carrying the ballot Papers arrived at Ndola’s Civic Centre at 19 : 25 hours under tight security.

Stakeholders, among them political party representatives witnessed the arrival of the ballot papers.

Those that witnessed the arrival of the ballot papers include Leadership Movement, represented by Davies Chiwala, ruling United Party for National Development which was represented by Mubita Ikashakala and Rejoice Mazwanga and Winstone Njebe a representative of Richard Kalasa an independent candidate.

The stakeholders have agreed that the ballot papers will be verified tomorrow at 07 hours before they are handed over to the presiding officers.

The stakeholders have also agreed that the truck carrying the ballot papers will be parked at Ndola Central Police station.

Kabushi constituency has 77 polling stations, and Ndola Town Clerk, Sheila Songolo who confirmed receipt of the ballot papers says all is set for the polls.

Ms Songolo said all the poll staff and other officers to handle the Kabushi election have been prepared.

She has thanked stakeholders for the calmness exhibited from the time the Electoral Commission of Zambia opened campaigns in the constituency.

The ECZ has set Friday, October 21,2022 as the poll date for the Kabushi and Kwacha parliamentary by-elections.

Meanwhile, Lawyers for Joseph Malanji and Bowman Lusambo have warned Commissioners of the Electoral Commission of Zambia not to proceed with Kabushi and Kwacha parliamentary by-elections.

The High Court on 13th September 2022 granted the duo an application to halt elections until the matter was resolved.

Makebi Zulu Advocates have warned Commissioners; Mr Ali Simwiinga, Maj. Gen. Vincent Mukanda and Amb. Ndiyoyi M. Mutiti that they stand in contempt if ECZ proceed with the elections.

“As you are aware, there is a matter before Court pertaining to the Elections in Kwacha and Kabushi constituencies. You are also aware that there is a stay/suspension of the election in the said constituencies”. he said

The lawyers noted with concern that despite a court order stopping the elections, ECZ was making frantic efforts to hold the elections, stating that the High Court Order has not been discharged by the court or any other higher court and that the ECZ Commissioners will face contempt of court charges

“We note with concern that you have proceeded to set up for elections in blatant disregard of the Court Order issued on 13th September 2022.

“In view of the above, we write to request you to abide by the Court Order suspending the elections in the said constituencies until the matter is disposed of by the High Court

“If you don’t comply with the order of court within 24hrs of receipt of the letter, we shall commence committal proceedings against the Electoral Commission of Zambia and every Commissioner as contempt is personal in nature, as your actions are clear contempt of court.

HH, KABUSHI INTERACT

KABUSHI – October 19, 2022

REPUBLICAN President Hakainde Hichilema arrived safely on the Copperbelt and spent part of the afternoon and evening in touring Kabushi Constituency and engaging the residents of the area.

The Head of State made impromptu tours of the markets and stopped to console a bereaved family that had lost a loved one. The President encouraged the family to look up to God for strength during the difficult period.

On national peace and unity, President Hichilema says he is a proud leader and citizen to see a Zambia where all political parties and different persuasions are peacefully coexisting and living together as one people, without violence or threats of violence. He called on all well meaning Zambians to guard jealously the peace that the country is enjoying.

The Republican President says he is gratified to learn from people of Kabushi how free education and the enhanced Constituency Development Fund has positively impacted their lives. He reminded the people that much remains to be done and that the New Dawn Government is determined to improve the livelihoods of the people in Kabushi and the country at large.

Since assuming office, the Head of State has being intercating with citizens usually on a one-on-one basis much to the amusement of the citizenry.

(C) The Falcon

ABOUT NAPSA REFORMS: THE GOOD, THE BAD AND THE UGLY

By Sean Tembo – PeP President

1. A few days ago, Cabinet announced that it had approved an amendment to the National Pension Scheme Act of 1996 in order to allow for early partial withdrawals from the pension scheme. Cabinet further told us that this was done in fulfilment of the campaign promise which President Hakainde Hichilema made to the electorate while in opposition. While featuring on a Hot FM radio morning breakfast show yesterday, the Presidential Spokesperson Mr. Anthony Bwalya said that no stakeholder consultations were made before coming up with this policy decision because according to him, “…it’s not like we are talking about amending the Constitution. It’s only a Napsa Act that we are proposing to amend …”.

2. Does NAPSA need to be reformed? My answer is yes, definitely. Is this proposed reform to allow for early lumpsum withdrawals a good idea? My answer is a definite no.

3. For the past 20 years or so, NAPSA has been operating like a Nigerian pyramid scam; very quick to collect contributions, but very reluctant to pay benefits when they become due. NAPSA funds have been diverted and abused by every successive Government since MMD, with the type of abuse varying depending on the level of imagination of a particular Government. The most common type of abuse is where NAPSA management are directed by senior Government officials to buy a property or shares in a company at an extremely exaggerated price. Of course that property or those shares in a company will belong to someone connected to the senior Government officials, and then they split the top soup. So you’ll find a property worth $5 million being sold to NAPSA at as high as $75 million. Unfortunately this type of abuse is not only limited to NAPSA but is equally rampant at Worker’s Compensation Control Board and more recently at NHIIMA as well.

4. NAPSA’s investment management strategy has been pathetic. For starters, there is no transparency as the 1996 Act does not compel the authority to publish it’s financial statements. But based on what we can physically observe, such as the construction of more than 300 houses near heroes stadium in Lusaka, as well as more than 1,000 houses in Kalulushi which stayed for more than 5 years without being sold because the asking prices were too high, it is clear that most of NAPSA’s investments are not financially sound. In the 5 years plus that these NAPSA properties remained unoccupied, private security companies had to provide security 24 hours a day, at an exorbitant price. By the time that these properties were being sold, NAPSA had paid more money to private security companies than the value that was realized in selling the properties.

5. So if the New Dawn administration is serious about making NAPSA better, there is plenty that needs to be reformed, which we shall list down below:

(I) NAPSA should be allowed to operate independently from Government interference, including the interference of the President himself. In order to achieve this, the corporate governance principles of NAPSA should be strengthened by ensuring that the majority of the Board Members are representatives of trade unions. You must remember that NAPSA manages contributions of workers, therefore anyone who is not representing the interests of workers has no business sitting on the NAPSA Board.

(ii) NAPSA Management should be appointed by the Board and not by the Minister of Labour and Social Security. By allowing Government to appoint NAPSA Management, the institution becomes inherently susceptible to manipulation and abuse. Remember that Government is an employer and cannot therefore be trusted with managing the funds of its employees. The best people who can genuinely protect and enhance the funds of the employees are the employees representatives who are the trade unions. An independent NAPSA Board will ensure that the Management is held to task for their performance.

(iii) NAPSA is too big to be efficiently managed. In this regard, Government should consider splitting NAPSA into three separate pension schemes being for the civil servants, for parastatal bodies and government agencies and for the private sector. That is the best practice when it comes to pension management across the world.

(iv) NAPSA should start paying a lumpsum of at least 50 percent upon someone’s retirement, with the balance payable in monthly or quarterly instalments. Additionally, NAPSA should establish customer service standards for payment of benefits. Benefits should not take more than 5 working days to come out when one retires or dies. Any delay in processing of benefits should result in a penalty charged to specific NAPSA employees involved which should be deducted from their salaries, in the same way that employers are charged penalties for late submission of employee contributions. That should be sufficient motivation to make them do their job properly.

(v) It should be made a criminal offense for NAPSA Management to use workers contributions to fund charity and CSR projects. It makes no sense for NAPSA to be pumping millions of Kwacha of worker’s money into its football team, when the retired workers are destitute and waiting for years to get their benefits from NAPSA. We have always argued that public funds are not for charitable or CSR activities. If the Management and employees of NAPSA want to own a football club, let them make contributions from their payroll to fund such a football club.

6. After making the above reforms, NAPSA should be able to operate properly and to the benefit of the workers who make the contributions. The proposal to allow workers to make a partial lumpsum withdrawal of their pension is largely motivated by the frustration by most workers due to the long delay in accessing their NAPSA benefits once they reach retirement age. And also the failure by NAPSA to make a partial lumpsum payment. Therefore, if these issues are specifically addressed by the proposed wider NAPSA reforms above, the workers should be happy.

7. Government’s proposal to amend the NAPSA Act and allow for an early partial withdrawal of benefits is too narrow in scope and will not address the wider NAPSA problems outlined above. The argument that people need to access their money while they are still young and energetic is too simplistic. To start with, a pension is not an investment annuity. The idea behind a pension is to give you social protection. In other words, to prevent you from becoming a destitute when all your brilliant investment plans fail. We all have brilliant ideas of how we want to invest our money and become rich, but more often than not, those plans tend to fail. The idea behind a pension is that if we lose everything we have, we should at least be able to buy food and rent a one-roomed house for ourselves until we die. In other words, a pension provides a social safety net to prevent us from becoming totally destitute. That is why the contributions are nominal. What the New Dawn administration is proposing is that people should spend their social safety net while they are still young! A pension should not be mistaken for an investment plan.

8. Given the fact that NAPSA’s average returns on investment are far below the inflation rate, and going by President Hakainde Hichilema’s argument that people need to spend their social safety net while they’re still young and energetic, then perhaps instead of contributing to NAPSA for 10 years and then withdrawing what you have contributed, why not just scrap NAPSA altogether? Because the President is telling us that the people do not need a social safety net when they are old and nolonger in gainful employment. Indeed, the President needs to make up his mind. If he believes that Zambians need a social safety net, then NAPSA should only be accessed after someone reaches retirement age and not before. If he believes that Zambians do not need a social safety net, then he should abolish NAPSA altogether. Remember that NAPSA comes with a lot of administrative costs, so it is pointless to have NAPSA and yet it is not providing a social safety net to citizens because they withdraw their money when they are still young and energetic instead of when they are old and vulnerable.

///END

SET 19.10.2022

THE resumption of campaigns in Kabushi and Kwacha constituencies when there is an order of stay of elections in the two constituencies is confirmation that the UPND administration has no respect for the rule of law and the Constitution, Tutwa Ngulube has charged.

The Electoral Commission of Zambia (ECZ) last week announce the new date for the holding of the by-elections in Kabushi and Kwacha but the Constitutional Court on Monday in its judgement ruled that the Commission was obliged to respect the order of stay for the elections.

And now, Mr Ngulube says it was sinister that the UPND commenced political campaigns in form of roadshows even before the Constitutional Could deliver its judgement in the mater of Peter Sinkamba and Isaac Mwanza.

Mr Ngulube has said should the ECZ proceed with the by-elections in Kabushi and Kwacha that would mark the death of the Commission and the beginning of anarchy in electoral process.

He said the UPND was so much desperate that they were willing to break the laws and breach the Constitution only for the desire to attain majority numbers in Parliament by going into by-elections without the participation of the opposition political parties

Mr Ngulube said the former ruling party was aware that the UPND using Parliament would be declaring more seats in Parliament to create more by-elections.

He said on 20th of October, 2022, the PF would be going to the Court of Appeal while the following week, the former ruling party would be back in the High Court to deliver the judgement that was stayed.

“The UPND never respected the judiciary while in the opposition. Judges were being insulted each time they delivered a judgement that was not in favour of the UPND. Now that he is President, it would be naive for Zambians to think the UPND will respect the courts and the Constitution. We have not seen anything yet from this administration. It is in fact sinister that the UPND should be conducting roadshows in Kabushi and Kwacha when there is a High Court order that stayed the elections,” Mr Ngulube said.- Daily Nation

Forgive me that I’m not seen – Mtolo

By Christopher Miti

CHIPATA Central member of parliament Reuben Mtolo has asked for forgiveness from the people in his constituency because he is rarely seen due to the nature of his job as agriculture minister.

Featuring on Breeze FM’s political hour programme on Sunday night, Mtolo said he is committed to serving the people in his constituency.
“I want to thank the people of Chipata. You should have hope. Yes there is a difference between last time (when I was a mere MP) I was staying here in Chipata but now as a minister I don’t stay in Chipata but in Lusaka. There is a difference here. Forgive me that I am not seen, but you will notice that I have formed groups that are representing me here,” he explained. “I would like to thank my colleagues who represent me here. I will start with the chairperson for UPND, the chairperson for MDC, and the members of the Mtolo Development Committee.”

Mtolo said he is well represented by the development committee.
“I cannot be in two places at once, but I am over the place. I am in Mongu, I am in Kalabo. Agriculture is a big issue. Allow me to work for Zambia so that the education which you gave me can also benefit the entire country,” he said. “Let me thank the people of Chipata for believing in me even if I am not seen but things are moving. A good example is the Chizongwe-Walela road that has not been worked on for a long time. This road was embarrassing for a long time but we are working on it. I am in Lusaka but I am pushing files through my colleagues.”

Mtolo said the Chipata-Magwero road would soon be worked on.
“After Magwero road we are going to move to Msoro road. Once more to the people of Chipata, your Reuben Mtolo has not changed. He is not seen but he is still the same person who is determined to do things in the right manner. No CDF money will be abused. Anyone who will steal CDF will be arrested,” he warned. “Let us do things in an orderly manner. Let us love each other. You don’t have to be a member of UPND to benefit in this government. You don’t have to be a member of PF to benefit. As long as you are a Zambian you should benefit.”
Mtolo said he would meet the Chipata district procurement committee regarding the complaints surrounding procurement matters.
Recently, UPND youths in Chipata protested over the alleged unfair selection of cooperatives to benefit from CDF grants.
“I will also meet the Chipata Central constituency development committee. The problem that we have in Chipata is small and we can sort it out if we talk to each other. Chipata is unique. We have a mayor who is independent, MP UPND and the councillors are PF. This combination, we need to be talking to each other so that we work well. If we don’t work well, we are going to bring confusion in Chipata,” he noted. “The party that is in power is UPND. Now given that councillors are PF should not bring confusion and as MP I would like us to work together because our aim is one.”

Mtolo called for sensitivity to matters that affect people.
“So these projects that we are giving people, we should always balance them nicely. In life we need to look at the economic status, social status and political status of individuals. You cannot just get projects and give one group of people. You cannot do that. You need to balance. If you don’t balance you bring problems. Others will be angry. So, I want to talk to my colleagues that we should be sensitive to this,” said Mtolo.

Former President Edgar Chagwa Lungu has thanked President Hakainde Hichilema and the UPND Government for recognizing and respecting the national day of prayer, fasting, repentance and reconciliation.

Zambia on Tuesday, 18th October, 2022 commemorated the national day of prayer, fasting, repentance and reconciliation countrywide.

Republican Vice President Mutale Nalumango led people in commemorating the main event held in Lusaka.

This is the second time the national day of prayer, fasting, repentance and reconciliation is being commemorating under the UPND Government.

When attending Holy Mass at Lusaka’s Mtendere Mary Queen of Peace Catholic Parish on Tuesday, the former Head of State said he was grateful to President Hichilema and his Government for maintaining the day.

Mr. Lungu introduced the national day of prayer, fasting, repentance and reconciliation seven years ago and made the day a public holiday.

The charismatic leader told fellow worshipers that he was happy that the Day has continued to be observed.

Mr. Lungu was accompanied to Church by his former presidential running mate in the 2021 General Elections Prof. Nkandu Luo, former Home Affairs Minister Stephen Kampyongo, former Mines Minister Richard Musukwa and several other PF officials.

‘Firstly, I greet all of you. How are you? Secondly, I want to confess that I did not come here to make any statement at all but that I should thank the persistence or ulunkonena from one Honourable Nkandu Luo for forcing me to say something. If it wasn’t for her persuasion I would have just opted to go away without saying anything,” Mr. Lungu said.

“Since I have been asked to say something, I will say my gratitude today is to President Hakainde Hichilema and UPND for recognizing and respecting this day and allow all of us to continue worshipping and praying on the 18th of October each year. To you my brother I say God bless you.I am saying this because people were expecting Lungu to say this, Lungu to say that,” he said.

“Today, it’s for all of us to recognize that we humble ourselves, go before the Lord and seek his face in repentance. God will surely bless us. So, I also want to emphasize that there is nothing special about being President. Just like I was President, Honourable Hakainde Hichilema has become His Excellence the President. God works through all of us and none of us is special. We cannot restrict God’s work or desire through space and time of personalities.God will surely work through whosoever he choose to use. And I think I have already spoken enough aiini? God bless you all. Thank you,” Mr.Lungu concluded.

Meanwhile, in Ndola selected residents and members of the clergy joined the rest of the country in observing the national day of prays , fasting, repentance and Reconciliation at Levy Mwanawasa Stadium.

The residents, clergy and gospel singers braved the scorching sun to participate in prayers , and fasting being held at Levy Mwanawasa Stadium in Ndola.

Speaking on behalf of the organizing committee , Bishop Francis Mumba urged the people to actively participate in prayers and worship adding that Zambia is on the path of restoration.

The clergy also hailed the declaration of Zambia as a christian nation and highlighted its significance.

In Kitwe, District Commissioner Lawrence Mwanza in his keynote speech as guest of honour emphasized the importance of peace to the country’s developmental agenda

Mr . Mwanza said without peace and unity there can be no sustainable development.

He further called on all Zambian citizens to invest in the country’s economy and take advantage of various empowerment initiatives that the New Dawn government is offering.

In Kitwe the national day of prayer, fasting and reconciliation was held at Oasis of Love Church in Nkana West – under the theme, “Promoting National Unity, Peace and Integration for A Prosperous Zambia through Hard Work”.

In his opening remarks, organising committee chairperson Bishop Raddy Lewilla, underscored the importance of the national day of prayer fasting and reconciliation to the prosperity of Zambia.

Bishop Lewilla said the day gives Zambia an opportunity to renew it’s relationship with God and thank him for his interventions especially in times of pandemics.

In a sermon, Pastor Boyd Muwowo from the Seventh-Day Adventist Church – Nkana Mission District , called for the preservation of peace that exists in Zambia.

Pastor Muwowo said Zambia can not develop nor prosper without peace, charging that peace is an important subject of every society.

Meanwhile, Chililabombwe District Commissioner Precious Njekwa led the celebration with a call on Zambians to continue upholding peace.

Ms.Njekwa warned citizens against taking for granted the peace and unity Zambia enjoys since Independence.

In her speech during the commemoration of the National Day of Prayer, Fasting, Repentance and Reconciliation held at Chililabombwe Secondary School, Ms.Njekwa regretted that some people are fond of propagating divisions in the country especially in politics.

THE INDUSTRIAL DEVELOPMENT CORPORATION (IDC) WAS A BAD IDEA, IS A SCAM AND IT NEEDS TO BE DONE AWAY WITH BY THE UPND (PART 4)
By Shalala Oliver Sepiso

THE CURIOUS CASE OF INDO-ZAMBIA BANK AND ITS IDC ISSUES

IDC is like that troublesome Uncle who pesters his nephews and nieces for handouts while no one knows what he does for a living and he keeps defending all his nephews and nieces as long as they give him something for a drink from time to time despite them also struggling in life. IDC has some banks on its portfolio. Instead of running them profitably and professionally, IDC has borrowings from these same banks. IDC borrows from Indo Zambia Bank, which is under IDC. Now surely what is this? It means IDC is not being run professionally and it is not functioning well.

Today, we focus on Indo Zambia bank and how IDC is ignoring the bank’s mistreatment of workers and ex-workers all in the name of painting a picture of a well-to-do bank.

INDO ZAMBIA BANK AND LABOUR LAWS ON ACCRUED BENEFITS

Indo Zambia Bank is on record as one of the best performing banks posting extremely impressive results in excess of 300% growth in business over recent years. This was particularly highlighted in September 2021 via a communique from the Honorable Minister of Finance during a courtesy call on him by the bank top management and board chairperson.

Indo Zambia Bank Limited was incorporated in 1984. The principal activity of the bank is the provision of Retail and Commercial Banking and related services to the general public. IDC holds 40% shares in the bank. In 2021, Indo-Zambia Bank presented a dividend cheque worth K30 Million to the IDC. The bank is the third biggest player on the market with its total business growing by 38.89 percent to reach K9.267 Billion from K6.672 Billion in 2019. This year, Indo-Zambia Bank increased the dividend payment to shareholders for the 2021 Financial Year to K80 million from K75 million the previous year and handed over a K32 million dividend cheque to the Industrial Development Corporation (IDC), which holds a 40% stake in the Bank.

Unfortunately these results have been posted against a backdrop of reducing conditions of service for vulnerable junior and middle management staff who have never been accorded an opportunity to negotiate their conditions of service. Over successive years, management conditions of service have been systematically reduced going against the Employment Act which forbids such detrimental actions. One such action was brought to the attention of top management in 2020 when some retired management staff sued the bank for under-calculating and underpaying their terminal benefits against their conditions of service.

Under clause 28 of the Management conditions of service, employees who have served a continuous period of 20 years or reached age 55 were eligible for normal retirement. The terminal benefits were computed as 3 months pay for each completed year of service. The same conditions of service are mentioned in the published audited annual report of Indo Zambia Bank for the financial year 2020. The bank had been underpaying retiring management employees at the rate of monthly basic pay as opposed to monthly pay which was inclusive of allowances. Upon seeking legal advice and realizing their error, the bank made several out of court settlements with only the aggrieved former employees. Records of the settlements and attached restrictive conditions exist but are kept under lock and key at the bank.

In February 2021, the bank attempted to resolve this matter by unilaterally amending the normal retirement clause provision from 3 months pay to 3 months basic pay, effectively reducing the accrued terminal benefits of management staff. This constituted an offence under Part IV (Protection of Wages) Of the Employment Act which states that an employer shall not make any unauthorized deductions from wages payable to an employee or as a reward for providing employment for the employee or for retaining that employee in employment. After several failed attempts to convince or coerce all staff to accept the reduced conditions of service, the bank decided to do away with the internally administered Pension scheme by offering to pay off every employees accrued terminal / pension benefits and introduce an externally managed pension scheme at reduced accrual rates with a bank appointed fund manager and administrator. For management staff, once again a reduced rate of 3 months basic pay as opposed to 3 months pay was applied to the computation and determination of accrued benefits.

A complaint was raised with the Ministry Of Labour, where management were summoned to explain. In their defence management claimed they were making a gratuitous payment and not Pension / Terminal benefits to all the banks employees. However, in their submission to Zambia Revenue Authority seeking guidance on the forthcoming payment, they clearly stated that these were Pension / Terminal benefits which resulted in exemption of tax liability on the said proposed payments.

As can be seen here, not only did Indo Zambia Bank management commit an offence by misleading the Ministry of Labour in their submissions when they were summoned, but also under Part IV of the Employment Act which states, A person commits an offence if that person (a) Without reasonable excuse ,fails on demand to pay in accordance with section 66 any wages due to an employee or (b) Makes any deductions from wages, other than those authorized in this part. A person convicted of an offence under subsection (1) is liable to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years or to both.

The bank went on to make payment of the Pension benefits in the said manner, which resulted in management staff being underpaid in certain instances by more than ZMW1,000,000.00 in accrued Pension / Terminal benefits. Furthermore, the reduction caused a distortion where unionized staff who are junior in rank were paid more than management staff of equivalent years of service, against the natural order and balance.

You will recall that in one of my articles on IDC, I spoke about parastatals under IDC not writing proper annual reports and producing audited reports over the last 5 years also. Indo Zambia bank in some cases has produced these reports. Kudos. But one such report actually raises alarm. And this is why we need annual reports by these IDC state-owned enterprises.

In the 2021 Annual Report for Indo Zambia Bank, there is a section that talks of the bank paying off its permanent employees their accrued benefits as at 31st October 2021 to facilitate a change in its terminal benefits scheme. The report captures it as “terminal benefits” instead of “accrued benefits”.

The thing is we all know that legally speaking, terminal benefits and accrued benefits are not the same thing; they can’t be used interchangeably. But you know why? The bank has refused to pay its ex-employees who were dismissed and entitled to their accrued benefits as per the
Employment Code Act (Act No. 3) of 2019 and earlier iterations. The bank’s excuse is that the conditions of service do not provide for entitlement to accrued benefits when you have attained retirement age (or 20 years service). Now when you have attained retirement age, is it still an accrued benefit? No…at retirement age it is a terminal benefit. The employment act clearly states that an employee summarily dismissed must be paid his wages and accrued benefits but the bank has denied to pay its ex-employees just to frustrate them because they know they have “crippled” them financially and can not afford lawyers to sue the bank. The few who are able to engage lawyers face frustrations even with matters in court> The issue tricks of unnecessary delays come in.

Recently, when the bank paid the employees their accrued benefits (after being guided by the Labour Commissioner), the right thing to do should have been to pay even all ex-employees entitled to these according to the Employment Code Act of 2019. How does the bank neglect to pay accrued benefits to someone who, for example had worked for 18 years and has accrued benefits for each completed year of service at a rate of 3 months salary as provided in their terms and conditions of service before being dismissed? At their dismissal, where did accrued funds go?

These did not reflect in the annual report cited above. Has the bank been dismissing many employees when they see them approaching 20 years service to use this trick or not paying accrued benefits? Is this done so that the bank makes a saving on its balance sheets at the expense of the time of the employee? Is the bank finding long-serving employees excuses which they then escalate to make them dismissible even when they can be resolved through other disciplinary measures so they make a saving?

The excuse that Indo Zambia bank employees’ conditions of service do not provide for paying accrued benefits does not hold water. If it did, why did the bank pay its employees accrued benefits last year? Did the bank do so against its so-called “conditions of service”? If not, then why deny the ex-employees their accrued benefits? And by the way even when they paid current employees their accrued benefits, they still did it in a somewhat crookedly way. They underpaid them. Instead of paying at the rate of 3 months salary they paid at rate of 3 months “basic pay” minus allowances. The question is “what is a salary?” A salary is basic pay plus allowances. But they seem to have made the employees agree to the underpayment and to sign. I don’t think a broke employee has much choice when cash is dangled. Who would dare question his employer? You fear for your job. As always the bank made a ka “saving”, which they do not account for in the reports here. Or maybe it goes to profits or dividends. Who knows? IDC may have been the one paid these savings at the expense of workers and their families.

Ministry of Labour has been engaged by many ex-workers of the bank who are still fighting for their benefits and at times these issues are swept under the carpet. A typical answer by Ministry of Labour is “The bank knows the guidance given by the ministry on the matter. If you have issues with this approach, we advise that you go to court because we cannot intervene since you’re no longer an employee”. But these issues will soon affect current employees too. So if the Ministry of Labour and the Ministry of Finance, under which Indo Zambia Bank falls, do nothing, who will do something?

At the same time, while delaying cases against the bank, the same bank will pursue litigation against these dismissed employees in the commercial courts for speedy judgments over their mortgage loans and they make sure to repossess the properties and leave the ex-employee with nothing. Now imagine the unfairness here. You grab someone’s property and yet you owe them accrued benefits, which you crookedly deny to pay them and which they could have used to pay the mortgage.

The bank will drag an ex-employee to court for repossession of their house to settle their loans. When the ex-employee pushes in a counter-claim for their accrued benefits the bank does not comply with the courts orders for direction. (The bank fails to submit witness statements, documents of evidence and others submissions as per the orders for direction. It’s like the bank does not even respect the courts.) Next thing you see is a judgment on admission against the ex-employee for their liabilities as the ex-employee’s claim stalls in the courts because the judge says it is a separate matter. How when it is a counterclaim in defence? When an ex-employee applies for a default judgment because the bank has failed to file a defence to their counterclaim, you find that the application is set aside.

WAKO NI WAKO IN INDO ZAMBIA

And then there is the problem of the outlook of Indo Zambia Bank management. If IDC runs parastatals on behalf of Zambian people, why should we have a whole senior management of Indo Zambia bank coming from one region of Zambia i.e. Eastern Province? This is bank run by people from the same region right from Board chairperson, General Manager, Assistant General Manager, Head of Legal, Head of Treasury/Finance etc. Mrs Orlean Moyo was the board chairlady for years but by October 2020 there was a new board chairman Dr. Michael Gondwe in place. Now I am not saying these in Indo Zambia Bank senior management are not qualified but surely this is not a coincidence. You can’t tell me people from Northern or Luapula are not qualified enough for employment in Indo Zambia. Are they saying people from Muchinga or Central didn’t allow for jobs? There has to be a way to balancing employment so the senior management and staff reflects the diversity of Zambia since we are dealing with a parastatal here. Otherwise it starts to look like a curious case of “Wako ni Wako” especially that even our Zambians of Indian descent are mostly from the same Eastern region as well.

Let me also declare interest here than two of the senior management members are personal friends (one since secondary school in 1989 and the other since UNZA in 1999) and I have no personal issues with this and this has nothing to do with them but the whole entity they also just found themselves in.

And can the bank’s senior management refuse that they employ nieces, nephews, girlfriends and their children in their bank? Can the bank refuse that most service provider companies engaged to service the bank have links to some senior management?

This means that there is a case in thinking that senior management is a strong clique that is working together in doing the wrong things especially with nobody checking them.

Surely something has to be done here.

BANK OF ZAMBIA OVERSIGHT ROLE AND ISSUES OF LEGAL REPRESENTATION OF INDO ZAMBIA BANK

Further, Bank of Zambia (BOZ), which is supposed to be supervising banks, is not playing their role effectively.

Meanwhile, those in Indo Zambia Bank revealed to be that bank of Zambia inspections have occurred before and were effective. One on-site inspection by BOZ brought out a lot of irregularities in Indo-Zambia Bank including insider borrowings, issues with the bank’s H.R structure, etc. The bank never had an internal legal counsel at the time until this inspection raised the issue and the bank quickly created a position, advertised (for formality?) and employed someone from the region I mentioned earlier. Is this in-house legal counsel on payroll only since he doesn’t seem to represent the bank in any court cases while the bank spends money on outsourcing legal services? Shouldn’t the bank, owned by the Zambian people under IDC, be cutting down on expenses such as outsourcing legal services? The bill is huge! Humongous. Check how many cases are in the Industrial Relations Court, Commercial Court and the High Court relating to Indo Zambia Bank and its ex-employees. None of these cases have the in-house legal counsel representing the bank. Is it that he’s not competent to litigate or he is too senior to litigate? If that’s the case, how was he picked as the suitable canditate for the position? Did he represent the previous employer in court cases?

IDC AND MINISTRY OF LABOUR COMPLICITY

The ministry iS aware of these issues and in many cases doesn’t do anything. Letters have been written to the ministry including one on the 11th of July 2022 on these issues and the ministry if yet to answer or to act. We need action.

IDC is shocking in how detached it is to these matters. How is this curious case of Indo Zambia bank flouting labour laws and regulations going on and yet every year the bank is audited? The annual audits at Indo Zambia bank are not done by The Auditor General’s Office. They are done by private audit firms that are engaged by Indo-Zambia Bank. These audits are not forensic in nature and are not intrusive enough to unearth the issues we want to see. The audit reports simply report the picture that Indo-Zambia Bank management want to see or what to be seen by others. Is IDC auditing Indo Zambia Bank? Is IDC demanding proper forensic audits from Indo Zambia Bank? Is IDC passing these audit reports and are they interrogating these issues? Why is IDC failing to raise red flag on these issues? Has IDC exercised its oversight role over IDC over the last few years? Is it because IDC is borrowing from INDO Zambia Bank and, like the troublesome Uncle above, doesn’t want to gravy train to stop? Is IDC scared the bank will call back its borrowings?

I end here for now. I am off to work and later to mourn my grandma. Mum’s mother has left us.

CLERGY LAUNCH ATTACKS AGAINST UPND

In 2015, a good number of Pastors told us that God had chosen President Edgar Lungu for Zambia because he was holy and godly. They pushed this narrative down our throats even when none could tell us what church the said person belonged to.

Today, a similar ploy to attack and discredit the New Dawn Government has been unearthed on the Copperbelt where a group of Pastors have joined forces to achieve the same.

The said group of Pastors closely worked with the PF Government in fighting the UPND while in opposition and even used to report civil servants who they thought were working with the UPND to be transfered and retired in national interest. Notable in this group of Pastors is an Army chaplain based on the Copperbelt, a civil servant for that matter.

This group of Pastors used to get funding from the PF. The group has once more emerged and has continued working with the PF. The group has been spotted holding meetings and mobilising themselves to rise against the New Dawn Government.

The group is using Pastors on the pulpit to incite people to rise against a legally elected Government of President Hakainde Hichilema.The group of Pastors is also championing the issue of sodomy in order to make this country ungovernable.

The question that arises is whether the Police and Intelligence are not aware of such happenings. The same intelligence which worked with PF is still intact and giving a blind eye and deaf ear to such issues. The public order ACT that is still law has suddenly stopped functioning.

Pastors are suppose to be non-partisan as they preside over church members who belong to different political parties. A preacher must be neutral so that when members have disputes arising from their political ideologies, he can easily arbitrate and restore peace between them.

The Civil Society Organidatins (CSOs) also need to stepup efforts and expose these schemes aimed at distabalising a peaceful country like Zambia. The CSOs have a mandate of promoting and defending the ideals of democracy and the well-being of the general population.

@The Falcon

KABUSHI AND KWACHA BY- ELECTIONS ARE BEING HELD UNDER ARTICLE 57(1) AND NOT ARTICLE 52(6)

I have been overwhelmed with calls and inbox texties on what is my view on the recent Concourt ruling on Kabushi and Kwacha.

I had tried to resist the temptations to give my views before reading the full judgement.

However, the pieces of the judgement i have gathered so far, this is what i make of it.

I think the Concourt’s talk about elections being held beyond 90 days was in reference to an election held under Article 52(6) which was the subject of interpretation and not under art 57(1).

ARTICLE 57(1) was not under interpretation underwhich the current by-elections have been called on.

The only reference to ARTICLE 57(1) in the petition was on the call on the Court to order ECZ to cancel the by-elections, call for new nominations and hold the new elections under ARTICLE 52(6) read together with Article 57(1).

With the COURT not granting that wish from the petitioners, it goes without any argument that the by-elections called by the ECZ under ARTICLE 57(1) not under ARTICLE 52(6) stand intact and follows the demands of this Article.

The demand of this Article is the guidance that *Where a vacancy occurs in the office of Member of Parliament [Kabushi and Kwacha in this case], mayor, council chairperson or councillor, *a by-election SHALL be HELD WITHIN ninety days of the occurrence of the vacancy*

Note the use of the mandatory word SHALL and also Constitutional Marginal Note: By-election on ARTICLE 57(1).

Article 57 (3) further empowers that The Electoral Commission shall, by regulation, set the placewhere, and the date and time when, a by-election is to be held* but within 90 days.

To this effect, those who were duly rejected were pushing an agenda that the ECZ holds the Kabushi and Kwacha by-elections under Article 52(6) using the puppeted “resignations” of some independent candidates and the court earlier ruling starting that the duly rejected were eligible.

However, this seems to have failed through the recent Concourt ruling that declined to give relief to the petitioners of cancelling the by-elections called under ARTICLE 57(1) so that they are held under ARTICLE 52(6).

Had this petition succeeded, it would have meant strictly heeding to its demands which are calling for FRESH NOMINATIONS due to death, resignation and disqualification of a duly nominated candidate and this death, resignation and disqualification occured after the close of nominations and before the election date.

This would also entail holding FRESH by- elections within 30 days of the filing of fresh nominations but now under ARTICLE 52(6).

Ideally, this whole new process that could have been triggered by the judgement was supposed to done within 30 days before the new set election date by the ECZ.

However, in my view, the reasoning of the Concourt majority rule is that elections held under circumstances occasioned by ARTICLE 52(6) can’t respect the 90 days period rule prescribed under ARTICLE 57(1) as this may be impractically impossible.

The impossibility arise from the fact a candidate can resign, and die even 7 days or less to the election late as no one has no control of such happenings.

Resignation and death cannot be controlled though resignation can be managed through the maturity of the contestants.

ARTICLE 52(6) is only fit for a disqualification since the COURT is given a timeframe of 28 days (7 days lodgement of petition and 21 for hearing of petition) in which hear the petition which days fall within the 90 days.

UNDER this proviso,[ARTICLE 52(6) the ECZ will still have to cancel the election, call for fresh nominations, set new election date and hold the new elections if a candidate resigns or dies a few days to the elections which can be held after the original election set date UNDER ARTICLE 57(1).

With this understanding, the guidance from and by the COURT on the by-elections held under ARTICLE 52(6) that they can be HELD beyond the within 90 day-period is very correct in my view.

The by-elections can be held beyond the within 90 day period stipulated under ARTICLE 57(1).

However, context must be emphasised that it is for election held under the provision of ARTICLE 52(6) not Article 57(1).

Actually, strictly speaking Article 52(6) talks about within 30 days and therefore an election held UNDER this Article have a high chance of being held beyond the within 30 day timeframe provided in ARTICLE 52(6) to the set date for election.

Further scan of this ARTICLE 52(6) reveals that actually such an election envisaged to be held UNDER this Article cannot in fact be held if contested by manipulative candidates who can be resigning in successions before the the election date.

Therefore, coming to KWACHA and Kabushi by-elections which is the subject, the by-elections for Kabushi and Kwacha were called to be held and will be held under ARTICLE 57(1).

This Article demands that any casual vacancy in the office of the MP, must be filled within 90 days through a by-election to be held WITHIN 90 days.

This within 90 day timeframe provided under the ARTICLE cant be extended by either ECZ or the Court unless disrupted by ARTICLE 52(6) or amendment to the Constitution.

Any extension or disregard of this timeframe enshrined in the Constitution by any organ of the state would have offended Article 1(2),(3) and (4) of the Constitution which states;

Clause (2) stresses that An act or omission that contravenes this Constitution is illegal

Clause (3) guides that This Constitution shall bind all persons in Zambia, State organs and State institutions and,

Clause (4) cautions that The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum

As it is now, ARTICLE 52(6) has not disrupted the nomination process held on 25 August 2022 and conducted by the ECZ and also the by-elections that were supposed to have been held on 15 September, 2022.

The only disruption was to the election process which done by the HIGH COURT decision to suspend the holding of by-elections temporarily which decision was later challenged by the decision of the COURT OF APPEAL.

In this regard, the by-elections in KABUSHI AND KWACHA must be held WITHIN 90 days without fail as demanded by the ARTICLE 57(1) that triggered THEIR being.

In my view, ECZ is on terra femma ground to set the new date of 21 October which falls within 90 days because there is no court that has cancelled the nominations held on 25 August, campaigns that started on 25 August and later on the by-elections themselves.

I submit

Mcdonald Chipenzi

About Pension partial payouts
By Dr Lubinda Haabazoka

A pension is a payout either lamp sum or periodic payment made available to an employee when they are no longer in employment.

The main reason why pensions exist is to ensure that retired people have some form of income when they are no longer in employment.

Pensions help those that have made mistakes in life by not investing not to become destitute. Pensions are a cushion. They guarantee income when one is no longer in active employment.

I know people are super excited about accessing part of their pension for use now. Anyone speaking against this idea so far has been faced with insults. Some support is because of political reasons and for some it’s because they think it’s better they spend their money now and not later because there might be no tomorrow.

For a finance expert like myself, I would advise 100% against people accessing part of their pensions before they retire. The functions of a pension are to ensure you are not poor when you retire!

Some might argue that they want to invest the money today and not tomorrow. Some say they want to build houses or businesses today and not when they retire. If it’s businesses or houses we want to build, we can access loans against our benefits or salaries to build businesses or houses.

Hear me clearly, it’s your money so it’s your right to claim it. But when mistakes are made, just know that it should not be society’s problem to pay you social cash transfer or food packs when you retire having reduced your pension by an amount.

I propose that we reduce Pay as you earn by 5% and for that amount served, employees should contribute to mutual funds, unit trusts and have the right to withdraw their monies after a certain period.

The financial system has thrifts (building societies) that help workers save for building. The same system has mutual funds where one can grow their own savings. It also has credit unions, savings institutions and other investment vehicles. Pension funds exist to make sure that your have guaranteed income when you retire. If you won’t be there to enjoy the money maybe due to untimely death, that money is inheritance you leave for your children or dependants.

So my advice to government is that maybe we come up with another system where employees contribute their resources that they can unlock at certain points of their life.

In the 90s and early 2000s, a lot of people were pruned after privatisation. The majority of these people just ended up spending their benefits unwisely. Many died of depression and poverty.

A pension is a forced saving. Meaning government forces you to save money for the future. So if we now give partial payment to citizens, who will come and look after those that will make poor investment decisions? As it is, NAPSA payments are not even adequate. What more now when citizens get part of it before retirement?

On this one, no need of insulting. Am simply helping out. Looking out for you. Our life expectancy has increased colleagues so most of you will see out your pension.

My advise is that lets continue talking so that we can improve our financial system. There are a lot of mechanisms that we can introduce to ensure investment resources for citizens. Pensions need to serve their own purpose.

Thanks 🙏🏿

Former President Edgar Lungu has thanked the people of Zambia for continuing to observe the National Day of Prayer and reconciliation, seven years after he decreed the date.

Mr Lungu told fellow worshipers that he was happy that the Day has continued to be observed.

Addressing congregants after attending Mass at Lusaka’s Mtendere Mary Queen of Peace Catholic Parish today, the former Head of State paid gratitude to President Hichilema and the new dawn administration for recognizing and respecting the day of prayer.

And Mr. Lungu says there is nothing special about being President saying God can use anyone to do His work.

“God works through ordinary people whom he chooses to use at any given point, Mr. Lungu said.

“God chose to use me as President once just as he has now chosen to use President Hichilema so everything is in God’s hands, there will always be another President,” he said.

The former President who indicated from the start that he didn’t want to speak a lot prayed for Zambians to remain a loving and God-fearing people under the doctrine of Zambia as a Christian nation.

Mr. Lungu said no one can restrict God’s work or desire through time and space or personalities, insisting that God works with whoever he chooses.

And Mary Queen of Peace Parish Priest Father Evaristo Kabungo urged citizens to desist from fighting one another as they are not enemies.

Fr. Kabungo said Zambians must embrace and love one another instead of investing in negative energy, hurting or punishing each other.

Fr. Kabungo alerted Zambians from across the national divide that hurting each other only hurts the country and slows economic national progress and unity.

“What we (Zambians) should remember is that every time we fight as brother, sister husband or wife or any other family member or friend, we are doing the devil’s job. The devil rejoices in your fights and divisions, stop doing his work and love each other,” Fr. Kabungo told the congregation.

Fr. Kabungo said it was not by accident that President Lungu declared 18th October a National Day of Prayer and national reconciliation seven years ago.

“The President (Edgar Lungu) must have been driven by God and the holy spirit to declare this day as thus in order to bring Zambians together to heal, forgive and love each other,” said Father Kabungo.

Fr. Kabungo took advantage of the huge gathering to also caution Zambians against anti-Christian values such as homosexualism and lesbianism he said could undermine Zambian culture.

“There´s no way you can demand as human rights something which is not inherently human (gay rights) according to our values and traditions,” said Fr Kabungo.

“Fr. Kabungo said, “mwamuna namwamuna kukwatilana, (man and man getting married is foolishness) thats foolishness…thats embracing a culture of death which is not Zambian.”

Fr. Kabungo also said lesbian and homosexual couples in Zambia where they exist must not be allowed to adopt children for fear of permanently “damaging these innocent children because children need to be brought up in a healthy traditional environment” of man as husband and woman as wife, not men and men or women and women against Zambian cultural and traditional values of many years.

NAPSA INVESTMENT CYCLE WILL BE DISRUPTED -CHIBAMBA KANYAMA

OPTION TO ACCESS PENSION CONTRIBUTIONS
(As we fast and pray)

• A huge negative impact on NAPSA investment cycle
• Emergency of self-actualized investors
• NAPSA can win through competitive returns

Social media (bloggers) have not been very kind to my brother Dr Aubrey Chibumba, former Director Genenral of the National Pensions and Savings Authority (NAPSA), who expressed concern that amending the NAPSA Act to give an option for members to withdraw part of their contributions before retirement was not a good decision. His remarks were made on Red Hot Breakfast on Hot FM. He stated there was no guarantee those funds accessed early would be usefully applied by members.

I wish I had full access to the interview to fully benefit from his arguments. He seemed to have provided useful advice based on his own experience as a well-trained professional in this specific area. Reading through the comments, it is clear whatever he seemed to put across did not matter to bloggers.

I concluded the issue of pensions is a highly emotive issue in Zambia. In developed countries where pension funds are well managed, individuals look forward to retirement days where they receive annuities that will enable them redeem any outstanding mortgages and even afford a lifestyle they did enjoy during their working life. In Zambia, people have died without accessing their pension contributions. The annuities are also quite low, very few can afford to earn a decent living.

What are the implications of amending the NAPSA Act?

IMPACT ON NAPSA INVESTMENT CYCLE

Pensions play an important role in funding investments. Most of the mining operations in Zambia are funded by pension money through the respective stock exchanges in Australia and Canada. In other words, the laws that make pensions compulsory are not necessarily focused at helping workers manage their post working life well. Pensions fund public and private sector programmes in a country. It is through these investments we enjoy economic growth and create jobs. Are these not some of the things we pray for on a day like this one?

The challenge on amending the Act is how NAPSA will manage its investment cycle. NAPSA will have to establish quite early how many members will withdraw part of their pensions at a defined point. This will be the best way NAPSA, through its fund manager, can determine how to march its liabilities with investment maturities. As things stand now, NAPSA knows a member who joins the scheme at age 25 will not withdraw the money until after 30 years. As such it will invest the money in a long maturing asset so that by the time the employee retires, the investment would have matured as well. I am not sure how NAPSA will work it out with the option. I guess its all worked out and am interested to access the information.

SELF ACTUALIZED INVESTMENTS BY MEMBERS

The celebration coming out of this amendment by members of the public points to one thing: Zambia’s workers believe investing money with NAPSA is a huge opportunity cost. They would rather get their money early, engage in enterprise and actualize their financial dreams on their own. The workers are saying they are better investors than NAPSA. If they can withdraw a K50,000 early, while they are still energetic, they can put up a small lodge in Sesheke and earn a regular income for next 50 years.

There are of course many temptations to accessing money before you are ready for it. However, as I have read through the various comments, the scheme contributors are saying dynamics in the Zambian economy have changed: people are now well educated about making quality investment decisions and with uncertainty regarding inflation, they are better off accessing the money now and make own decisions about where to invest it.

NAPSA CAN WIN THROUGH COMPETITIVE RETURNS

Amending the Act only provides for an option. It is not a must that individuals should access part of their contributions before retirement. Some will not withdraw a penny of their contributions. It means the ball to remain competitive is in the court of NAPSA. NAPSA must change its investment strategy to seek to offer better returns on investment.

NAPSA will now have to convince its members that it offers better than what people would gain if they withdrew part of their contributions and invested the funds on their own. In other words, the new Act is a serious work up call to NAPSA. It will no longer rely on the provisions of the law to invest people’s money the way it wishes. The workers have now been given a voice, that if they are not happy with how NAPSA is managing the money, they have an option to withdraw part of their contributions.

Ministry of Information and Media, Director-Spokesperson Thabo Kawana has dismissed assertions that the government has failed to release grants for secondary and primary schools for term three.

Mr Kawana said contrary to PF Media Director Antonio Mwanza’s assertions, all government schools have been fully funded. He said it is wrong for the opposition PF to insinuate that the government has failed to fund schools when all secondary and primary schools have been fully funded.

Reacting to the PF Media Director’s assertions that government has no money to fund schools, Mr Kawana said to the contrary schools were funded even before they opened for term three.

Mr Kawana further disclosed that the government deposited funds in school accounts across the country before the opening of term three.

“We want to make clear that all schools in Zambia have been funded grants for term three as matter-of-fact grants were in school accounts before term three opened,” he said.

The government is currently disbursing grants to schools for quarter four which begins in October.

Mr Kawana said the government was aware when it asked its people not to pay for exam fees that it was going to pay on behalf of its people.

And commenting on examinations, Mr Kawana said school grants have nothing to do with the managing of examinations.

He pointed out that examinations are run by the Examination Council of Zambia (ECZ) and not what has been reported by the opposition PF.

Mr Kawana disclosed during the same briefing that the ECZ has been funded fully so as to ensure that exams run smoothly.

ECZ is ready to conduct exams as it has been funded in full, he said.

Mr Kawana further indicated that for the first time ECZ has disbursed to every district K 40, 000 for the purpose of monitoring and conducting examinations.

Provinces have also been given a sum of K 80, 000 for monitoring and conducting exams.

” The insinuation by PF that the government has failed to administer exams is baseless as it lacks substance and truth.

” The statement issued by PF is as a result of the post-stress disorder after losing the August 12, 2021, general elections, ” said Mr. Kawana.

Mr Kawana wondered why PF has continued to hallucinate things which are not in existence.

And commenting on news that went viral over the weekend alleging that government has sold tollgates, Mr Kawana said it was not true that government has sold tollgates.

Mr Kawana said the statement of tollgates being sold can only be made by a person suffering from post-traumatic stress disorder.

THE MASEBO INFAMY
By Nkonkomalimba Kapumpe

The President and UPND Government should find out the following over the now cancelled $ 100 million contract, for they might be embarrassed in the next few weeks.

So, did ba Masebo request for a car from contractor ? Have you checked the communication between contractor and Minister? Does the contractor and former PS have more information to bring out to the public? Some of us even heard about the make of the car fews months ago. I hear the lawyer for contractor is Sangwa? Paipa ka. I dont think Sangwa can take up such a case without any merits. . better to pre empty.

Ba ACC did the former PS health not tell you all this when you invited him for interviews ? When it’s PF you even do tuma video’s and updates. Have you investigated and cleared Masebo? And the PS tell us why you interviewed and the results ?

You dared us to give you current corruption case to investigate, Is this not worth some salt ? Was she not implicated by her former PS in the interviews? It’s her former controlling officer ka so this can’t be taken lightly . Did you not interview the contractor on the phone? Ka update kabili? so far two key witnesses ka?

If Masebo is clean, help her by suspending and investigating her for a few weeks, like the way MMD used to clear its Ministers. Only one Minister went to jail after losing power. Whether innocent or not this will start to haunt her after five years if she is covered now, it will not matter whether HH wins or not in 2026. You people never learn , look at former PF Ministers today “Its better you are investigated when in good books with the powers that be”. I advised ba PF the same they did not listen and they thought the allegations were foolish and silly, here we are today. You are not doing her favour but RB/ MMD did favour to my sweetheart over Zamtel lol

I can rest assure you that more allegations are coming and they will try to verify them one by one. The public courts are very difficult control.Once you are painted black it will not matter what good you will do..even gift bag man will be seen to have been covered or protected..Fertilizer deals will be daunted more…You will be called ba Kabola even by your own people. Credibility lost

What harm can come out of the investigation just for a few weeks ? Respond to corruption allegations, you are bein painted black slowly and steadily.

NEW NAPSA BILL: President Hichilema Fulfills Campaign Promise; Workers To Have Partial Access To Pension Fund

President Hakainde Hichilema is delighted that one of his campaign promises has been fulfilled.

Shalala Oliver Sepiso writes

The Cabinet Meeting of Friday 14th October 2022 held at State House and chaired by President Hakainde Hichilema approved a Bill on the National Pension Scheme, which will actualise the UPND’s campaign promise and HH’s NAPSA Transformation Agenda going forward based on the ruling party’s manifesto.

The statement issued by Chief Government Spokesperson read:

“Cabinet also approved, in principle, the introduction of a Bill in Parliament to amend the National Pension Scheme Act No. 40 of 1996 so as to provide members of the Scheme an option to access part of the contributions before retirement.

“The New Dawn Administration has made a policy pronouncement on the need for a partial access to pension contributions by members of the National Pension Scheme through The President’s inaugural address to Parliament; the UPND Manifesto (2021-2026); and the 2022 Budget Speech, combined, as some of the policy documents that have pronounced the introduction of partial pension benefits.

“However, the National Pension Scheme Act No. 40 of 1996, in its current form, does not allow for the implementation of the policy pronouncement on partial access to pension contributions by members of the National Pension Scheme. Therefore, to implement this policy pronouncement, it is necessary for the National Pension Scheme Act No. 40 of 1996 to be amended. Cabinet is convinced that this is a good policy decision as it will allow employees to start planning for their retirement early enough.”

When I started writing about NAPSA reforms, this was one objective I felt needed to be met. I wanted to push for these NAPSA reforms and I will continue to push.

I have no doubt that the new DG Mr. Muyangwa Muyangwa is the right man to stir NAPSA to a better place where the pension fund is regulated, makes prudent investments, doesn’t plunder workers’ contributions and is not a place of corruption and cronyism. The submissions he and his board made to cabinet have yielded fruit.

What we need to see now is audits of those scandalous investments over the last few years, prosecution by ACC and DEC of erring NAPSA officials and happier workers who contribute to the fund.

Former DPP takes Govt to Constitutional Court
…to determine legality of her dismissal by Hichilema

16th October 2022
Ms. Lilian Siyuni the lawyer President Hakainde Hichilema last week fired from the position of Director of Public Prosecution (DPP) has asked the Constitutional Court to declare as ´null and void´ all the decisions leading to her ´illegal´ widely publicised dismissal.

A respected Litigator, Ms Siyuni has further asked the highest court in the land to consider compensating her for all the injustice she has suffered during the lengthy period that eventually led to her public dismissal by Mr. Hichilema.

In public court filings made by her Lawyers AMC Legal Practitioners Ms Siyuni argues that the Vincent Malambo led Joint Complaints Commission (JCC) lacked legal merit on the following as they recommended her dismissal:
• JCC did note make available or information or evidence to all parties in her case as required by law

• JCC allowed ´new’ evidence to be adduced against her (DPP) long after the closure of the case, against the law
• JCC illegally stopped evidence that could have supported her or was in her favour during the proceeding.

• The JCC quorum was not “legally” constituted and is at variance with the law (she has cited in court documents) documents any decision made by an illegal quorum is null and void

• President Hichilema who was supposed to reject her application for a waiver for her immunity to be lifted did not do so in writing and in his “own signature” as required by law so any directive he made via the Attorney General to deny her a waiver is null and void and lacks legal backing

• The Attorney General´s failure to prosecute the case as required by law makes the whole proceeding legally worthless and ought to be considered as a breach

• The JCC decision to proceed and make a determinartion to punish her (DPP) in the face of an illness proven by law and the death of her father makes the entire outcome a farce and mockery of justice

Ms Siyuni, who earlier granted President Hichilema a nolle prosequi in traffic offense that endangered President Edgar Lungu´s life is generally regarded as an astute Litigator in Zambia and beyond borders.

She was accused of “abuse of office” and subsequently tried in her absence and sacked by President Hichilema last week after a year of attempting to hound her out of office.
The full details of her “prayer” is publicly available in the Constitutional Court on an 11-page stamped official document below.

Source: Court Records.

KABUSHI IS RED AND READY FOR UPND VICTORY

Copperbelt UPND Chairman Hon Elisha Matambo has continued mobilizing the party on the Copperbelt and today was in Kabushi Constituency where he went to mobilize the party and at the same time drum up support for Hon Kanengo the UPND Candidate for the coming by elections.

At the various polling station management committees, Hon Matambo told the people that once Hon Kanengo is voted in as Member of Parliament for Kabushi, developmental programs will be initiated at the speed of light considering that the constituency has not just lacked development but also is behind in implementing the K25.7M CDF backed projects due to the failure by the former PF Member of Parliament to utilize the money as he politicized the funds.

Hon Matambo also said the constituency has also not seen empowerment programs due to the former PF Member of Parliament who has politicized all government programs that were meant to uplift living standards of Kabushi residents. Hon Matambo asked Hon Kanengo to make sure that once put in office, residents must enjoy many empowerment programs the New Dawn Government has put in place as well as bring the needed development in Kabushi Constituency.

So far, Kabushi is red and residents are ready to vote for UPND so that they can enjoy the benefits New Dawn Government has put in place through various programs. Currently the political atmosphere in Kabushi is free from violent activities as Mr Lusambo’s NATO forces are no where to be seen. Residents are now free to make free choices that will see Kabushi develop.

(C) CB UPND MEDIA TEAM

THE INDUSTRIAL DEVELOPMENT CORPORATION (IDC) WAS A BAD IDEA, IS A SCAM AND IT NEEDS TO BE DONE AWAY WITH BY THE UPND (PART 3)
By Shalala Oliver Sepiso

IT IS IDC WHICH IS A BAD IDEA NOT INDECO

Today I will later write about Indo-Zambia Bank and why it is failing under IDC. But before I handle today’s serving, lets get one thing clear.

I have seen many people jump the gun without following this series and suggest that I am condemning the genesis and reason for establishing INDECO. No, this series is looking at why we should not have IDC currently. INDECO, to a large extent, was justified even though it eventually petered out and MMD hit the last nail in its coffin. INDECO did well and went on to establish such influential entities as Nitrogen Chemicals of Zambia, Livingstone Motor Assemblies, Mulungushi textiles, Kawambwa Tea, Kafue Textiles of Zambia, Mansa Batteries, etc. On the other hand, it is not remiss to say that IDC on the other hand was a bad idea and it should be gotten rid of.

To manage Zambia resources and bring about economic growth in Zambia through mechanisation, industrialisation, speedy economic growth and strategic investments, the first Republic in Zambia created INDECO, alongside the likes of MEMACO, ZCCM, ZIMCO and FINDECO, as strategic conglomerates. These all eventually disappeared because they failed. They went burst. Bankrupt.

By the time we hit the 1980s, INDECO had become a huge liability because it was suffering from under capitalization and most of the goods and services it was producing or providing were of inferior quality and over priced. One of the reasons for the under-capitalisation was the reality where profits from the firms under INDECO where being diverted to political activities including the liberation efforts for South Africa, Zimbabwe, Angola and Namibia. Of course, like I already alluded to, there was lack of creativity, nepotism and cronyism, terrible business practices, poor business modelling, bad business decisions, disproportionately high social spending and bloated labour forces in the INDECO group of companies. These state conglomerates, instead of raising that dollar and fattening the national wallet, became a huge drain on the national treasury instead. They failed to be wealth creators. Instead they were now depleting the very wallet whose funds should be developing the nation and improving Zambian lives. These failed conglomerates were excellent examples of short-sightedness and bad corporate leadership and no one wanted to be associated with them. It was therefore not shocking to see that most managers who worked in these conglomerates were so ashamed of them and their catastrophic failures that they later didn’t go on and reflect their stints within these institutions on their curriculum vitaes.

The MMD didn’t attempt to restructure INDECO but took the route they felt was the best and that was to disband INDECO. And they were right.

When the MMD disbanded INDECO, Zambia still had a good number of parastatals or state-owned enterprises in existent. At that point, the Zambian government had wound down or sold off more than 300 parastatals.

THE CURRENT IDC IS INTRODUCED BY THE PF

Then came the PF who reincarnated INDECO as the Industrial Development Corporation (IDC).

On 23rd January 2014, a statement from President Michael Sata on the Industrial Development Corporation, incorporated under the Companies Act as a 100% government-owned corporation, stated that the Industrial Development Corporation (IDC) be the holding company of all state-owned enterprises that are incorporated under the Companies Act or the Banking and Financial Services Act with an initial authorized capital is K20 million of which K10 million was already paid up using funds from the Privatisation Revenue Account as sanctioned by Section 39 Subsection (2) (J) of the Privatisation Act, Cap 386 of the Laws of Zambia. The Sovereign Wealth Fund would focus on stimulating investment in strategic non-mining industries among others, thereby expanding the country’s investment portfolio and thus creating jobs. President Michael Sata added that the IDC would be a tool for the modernisation and diversification of the economy in order to create jobs, wealth and prosperity for the Zambian people.

IDC was poorly modelled on UNIP’s INDECO. The IDC was resurrected for the purpose of bringing parastatals under one umbrella or professional oversight, alignment with national vision, control of operations and indeed professional management. There were about 35 parastatals that were placed under the umbrella or IDC. IDC was given the mandate to run them. These parastatals, had survived the privatisation programme under the MMD. A good number of these parastatals were deemed either too strategic or too financially viable to be sold off to the private hands that were snapping up bargains all over Zambia. In reality though, by the time IDC was coming to take over the parastatals, almost all of them were largely companies whose net-worths were in the red.
Of course, the PF will get 100% for effort of introducing the IDC. The PF knew that he who never tries or is afraid of past failures can’t count on success as their destiny. For the rest of us, we have watched as IDC evolved. It was like we all believed in “he who feels it cannot be done shouldn’t disturb he who is trying”.

But the PF should get less votes for innovation and sustainability. This is because “he who refuses to learn from history is destined to make the same mistakes”. The IDC was created without the needed environment and all.

But warnings were issued at the time it was introduced.

In 2015, Felix Tembo said: “Honestly, I have also been of the view that the creation of the IDC is one of the many worst decisions made by this government. Our memories are still fresh on how we mismanaged INDECO, ZIMCO and even ZCCM. Why form another ‘monster’ that we know will just be a drain on our national coffers? To make matters worse, we even make the presidency to be the chairperson. Are we saying the president does not have so many responsibilities that we have to add some more? If this government means well, let them shelve the establishment of this ‘drain’ the way they have done with the national airline. We are already struggling to efficiently run existing parastatals like ZESCO which are not supposed to be making losses.”

“IDC is just another sick elephant organisation which is already a troubled organisation. You cannot lift a sick elephant. It is too cumbersome,” another person commented.

“Even in the far East where we borrowed this idea. They have failed. Russia is now dismantling state companies. Even Chairman Mao of China and Gorbachev of Russia would laugh at them” then MMD vice president for Political Affairs Dr. Michael Kaingu said in 2014, as he insisted that IDC could only work if government embarked on nationalisation policies because the economic idea was tried and it failed. “We tried this in the sixties, seventies and later on it failed. It can only operate under a state-command economy. Are they going to nationalise some companies?”.

Mr Kaingu was right. We had tried nationalising companies before and INDECO thrived back then. In 1964, Mr Andreas Sardanis, who immigrated into then Northern Rhodesia in 1950 and became involved in the independence movement, was appointed chairman and managing director of INDECO, the Zambian Industrial Development Corporation. One of his first tasks was to go on and negotiate contracts for building the road to Dar es Salaam saving the economy from collapse. Mr Andrew Sardanis presided over the nationalisation of mines and other companies in Zambia through the Mulungushi Reforms. Although Zambia became independent in 1964, the British did not want to give up the copper mines. In 1969, Sardanis negotiated the takeover of 51% of the shares of the copper mines. He did this in his role as Industrial Development Corporation (INDECO) managing director. Some of the Zambian businesses went on to have serious turnovers that put them among the top 100 largest companies in the world at the time. To his death, Sardanis strongly defended the nationalisation policy saying it was necessary to give black Zambians a start in business, which hitherto was foreign-dominated. Sardanis, later left INDECO for Lonrho before setting up Sardanis Associates Ltd, a conglomerate he established in association with the British merchant banker Fraser Ansbacher, a Zambian friend, and some associates with whom he had worked in the Industrial Development Corporation (INDECO) in the 1960s. Sardanis would use his lessons from INDECO to establish good businessed for himself though INDECO itself failed. He also worked later in his life with prominent people who had worked with in his INDECO days. For example, having left politics, Lewis Changufu – who was Zambia’s first independence Minister of Finance – went into private business and joining Andrew Sardanis Chibote Group of Companies as vice-chairman. He also held shares and owned Kingstons (Zambia) Ltd which ran a stationery shop.

CONCLUSION FOR THE DAY

The IDC was tasked with the duty to professionalise and commercialise their operations. But to date, IDC has not shown any signs of deliverying on its duties. IDC does not seem to be in charge of these parastatals. It seems to have no teeth. It is just but a paper Tiger. And a sick elephant. It had been pushed to work.

IDC seems to have no control over the boards and the managements of the companies under it. This is worse with those powerful and strategic parastals like ZESCO, Indeni and ZAMTEL. Further, key decisions for IDC and the parastatals seem to be made elsewhere. IDC has no coherent corporate strategy to ensure that the parastatals under it are run to make profits or following commercial logic of a viable entity worth sustaining. Operations of parastatals under IDC seem to be full of turmoil and incompetence. The balance sheets of these companies under its watch are scandalous.

The vision of having IDC included having the treasury benefiting from dividend payments by the parastatals. President Sata also guided that 75% of the dividends from the IDC itself and its subsidiaries would be paid into a Sovereign Fund.

However, IDC ended up being a drain on the coffers. It needed investment. It ended up being a creator of employees and not of employers. The parastatals under it ended up being the ones asking for bailouts from the treasury to pay workers’ salaries and other commitments. One of the reason is these companies having poor management and the existence of poor fiscal policies.

Tragically, IDC has not enforced standard accounting procedures or ensured that audited reports are produced consistently. Additionally, not only has IDC failed to insulate itself from political interference, but IDC has not minimised political interference to ensure parastatals are not treated like cash cows. And, like I mentioned in our of my last postings, most, if not all IDC firms, have not produced audited accounts in the last five years.

Their corporate performances cannot be judge properly as they are not subjected to standard baselines and standard corporate reporting guidelines and benchmarks at least close to LuSE standards.

IDC has failed to arrest poor performance, nepotism and cronyism but leaders of these parastatals or the infighting at the expense of progress that goes on.
May be an image of 11 people, people standing and outdoors

I have no regrets in the manner I served this country and it is clear that the rules of natural justice were not at play hence my sacking, former Director of Public Prosecutions (DPP) Lillian Siyunyi has said.

Ms Siyunyi has said people should let her live in peace and stop mudslinging her name now that they had achieved what they wanted.

She said she was happy with what she did for the country and did not have any ounce of regret in how she executed her duties in her tenure of office.

Ms Siyunyi in an interview said that unlike the picture created by those in the ruling party, members of the PF respected her office and never at any time did cadres and even politicians go to her office.

She however said that it was unfortunate that people had created an impression that she was too familiar with the PF when there was no relationship what so ever apart from her executing her duties as a professional.

“I can tell you that the PF people were professional and even respected me, the people at the office can tell attest to this fact,” Ms Siyunyi.

She said she was not the first to be in this predicament and would not be the last and that as far as she was concerned she served the country to the best of her ability.

And when quizzed why the head of state refused to lift her oath of secrecy Ms Siyunyi said he had his own reasons for taking that route.

She said that she could not say much about that because he was the head of state and that was his prerogative.

Ms Siyunyi said that she had for a long time been scandalized as some people claimed that some members of former ruling party owed her a living.

She said that some people were bitter and that the crusade to hound her out of office started the time the UPND came into power.

Ms Siyunyi said that she was taking a sabbatical break after the president’s move.

She however expressed shock that people had continued mudslinging her even after being hounded out of office.

“Let people grow up and stop this behavior of dragging my name in the mud even after achieving their goal,” she said.- Daily Nation

Hon. Given Lubinda congratulates new DPP

Dear brother,

I wish to congratulate Mr Gilbert Phiri on his appointment to the office of Director of Public Prosecution (pending parliamentary ratification). This is no mean recognition by the appointing authority particularly that is comes just a few months after he was ratified by Parliament as Director General of the Anti Corruption Commission.

At the same time I wish to express my admiration for his predecessor, Mrs.Lillian Siyuni’s show of courage and patience ever since issues against her came to the fore.

From press reportage on the matter, one recalls the following:

Her request to have her Oath of secrecy of office waived by the Head of state was denied her not by the Head of state but by the AG against the provisions of Article 93(1) of the constitution; effectively subjecting her to a hearing with her mouth gagged;

At the JCC hearing she was prosecuted, not by the AG as required by Article 177 (5) (a) and (e) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, but by private lawyers; and

Some of her witnesses were not heard and some of the written evidence in her favour was not referred to by the JCC etc.

She has stated that she has no regrets for the manner in which she served the country in her position. Indeed she should walk with her head high on that score. It is only her conscience which is important and not what others say about her.

She indeed is right that the PF Government officials were professional and respected her. Having served as Minister of Justice for five years during which she served as DPP, I can vouch for the fact that all in the Ministry of Justice allowed her the autonomy provided to her office by the Constitution. We all respected her office and gave her our confidence. She never reported to us nor did she seek our instructions.

I wish her the very best in the quest she expressed thus, in one of today’s papers, “I’ll see my rights to the very end”.

I also wish Mr Phiri success in the ratification and in his endeavors.

GL

PRESS STATEMENT BY THE CHIEF GOVERNMENT SPOKESPERSON ON THE DECISIONS MADE BY CABINET AT THE 24TH CABINET MEETING HELD ON FRIDAY, 14TH OCTOBER, 2022.

The President of the Republic of Zambia, Mr. Hakainde Hichilema, convened the 24th Cabinet Meeting in this year on Friday, 14th October 2022 at State House. The Meeting deliberated on a number of legislative and policy matters.

The following were the decisions made, in order to facilitate service delivery to the people of Zambia based on the ruling Party Manifesto and in accordance with the transformation Agenda for Government going forward:

1. Legislative Matters:

(a) The Penal Code (Amendment) Bill, 2022.

Cabinet approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Penal Code (Amendment) Bill, 2022.” The object of this Bill is to amend the Penal Code so as to replace the death penalty with life imprisonment; and repeal the offence of defamation of the President.

The Penal Code Act, Chapter 87 of the Laws of Zambia, was enacted in 1930 to establish a code of criminal law and penalties of criminal offences. However, from the time of its enactment, the Penal Code has never been reviewed and it contains archaic provisions including the death penalty and the offence of defamation of the President.

(b) The Criminal Procedure Code (Amendment) Bill, 2022.

Cabinet also approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Criminal Procedure Code (Amendment) Bill, 2022.”

Like the Penal Code (Amendment) Bill, the objectives of the Criminal Procedure Code (Amendment) Bill are to replace the penalty of death with life imprisonment and repeal the penalty for defamation of the President. The Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, was enacted in 1933 to facilitate the application of the Penal Code, Chapter 87 of the Laws of Zambia, in matters relating to the procedure for criminal cases.

Similarly, from the time of its enactment, the Criminal Procedure Code has never been reviewed and it also contains archaic provisions, including the death penalty and imprisonment for defamation of the President.

Cabinet unanimously agreed that in accordance with the principles of the New Dawn Administration, the enactment of the two Bills will greatly promote the right to life as enshrined in the Constitution, and that further, in amending the two laws, Government will ensure that Zambia conforms to international best practice and standards on the right to life and other freedoms.

(c) The Zambia Institute of Banking and Financial Services Bill, 2022.

During the same Meeting, Cabinet approved, for publication and introduction in Parliament during the current sitting, a Bill entitled “The Zambia Institute of Banking and Financial Services Bill, 2022.”

The objectives of this Bill are to continue the existence of the Zambia Institute of Banking and Financial Services and provide for its functions; provide for the registration of banking and financial services practitioners and regulate their practice and professional conduct; and promote the banking and financial services profession. Cabinet has recognised that, currently, there is no specific law to regulate the conduct of practitioners in the banking and financial services profession, hence the need for such legislation in the country.

(d) The Securities (Amendment) Bill, 2022.

Another Bill approved by Cabinet, for publication and introduction in Parliament during the current sitting, is “The Securities (Amendment) Bill, 2022.”

The objectives of this Bill, among others, are to implement a risk-based approach in the supervision and regulation of capital markets; revise the supervisory powers of the Commission; provide corrective measures to an under-capitalised capital markets operator; provide for the appointment of an auditor by a licensed person and revise the powers of the Capital Markets Tribunal.

Cabinet observes that it is necessary to amend the Securities Act No. 41 of 2016, so as to align it with the risk based framework introduced under the Financial Intelligence Centre Act No. 46 of 2010. This will ensure that the Commission effectively and efficiently undertakes its supervisory mandate over capital markets, especially in combating money laundering and countering the financing of terrorism; proliferation financing; and any other serious offence, matters of which Government has already expressed interest to deal with.

(e) The Constituency Development Fund (Amendment) Bill, 2022.

During the same Meeting, Cabinet approved, in principle, the introduction in Parliament of a Bill entitled “The Constituency Development Fund (Amendment) Bill, 2022, to repeal and replace the Constituency Development Fund Act No. 11 of 2018.

Cabinet observes that the Constituency Development Fund Act, enacted in 2018, does not adequately provide for the manner of decentralisation as envisaged by the Government. Further, there is need to strengthen the application, disbursement and management of the CDF.

The New Dawn Administration has prioritised decentralisation as a major driver for attaining broad-based development; reducing poverty; and enhancing job creation through citizen engagement and participation at the local level. With the massive increase of the CDF, it is necessary that there is no impediment in the provision of services to the people and also ensure that development is delivered in the most-quicker manner. The amendment of the existing law, therefore, will also facilitate increased absorption of the CDF country-wide.

(f) National Pension Scheme (Amendment) Bill, 2022.

Cabinet also approved, in principle, the introduction of a Bill in Parliament to amend the National Pension Scheme Act No. 40 of 1996 so as to provide members of the Scheme an option to access part of the contributions before retirement.

The New Dawn Administration has made a policy pronouncement on the need for a partial access to pension contributions by members of the National Pension Scheme through The President’s inaugural address to Parliament; the UPND Manifesto (2021-2026); and the 2022 Budget Speech, combined, as some of the policy documents that have pronounced the introduction of partial pension benefits.

However, the National Pension Scheme Act No. 40 of 1996, in its current form, does not allow for the implementation of the policy pronouncement on partial access to pension contributions by members of the National Pension Scheme. Therefore, to implement this policy pronouncement, it is necessary for the National Pension Scheme Act No. 40 of 1996 to be amended. Cabinet is convinced that this is a good policy decision as it will allow employees to start planning for their retirement early enough.

2. Mineral Resources Development Policy and Implementation Plan.

Apart from the legislative matters attended to during the Meeting, Cabinet also approved the Mineral Resources Development Policy and its Implementation Plan 2022 – 2026.

Cabinet has observed that the Mineral Resources Development Policy of 2013 is inadequate in dealing with the many new issues taking place both locally and internationally in the mining industry. Therefore, there is need to address these new challenges that have emerged in the industry such as low investment in mineral exploration and mining; low participation of Zambians in the mineral value chain; inadequate growth coupled with the informality of the artisanal and small-scale mining sub sector; and to operationalise the new Government ambitions to ramp up Copper production to three million metric tons per annum by 2031.

3. Key Findings and Recommendations from the Audit of the Mining Cadastre System for Mining and Non-Mining Rights.

During the same Meeting, Cabinet approved some recommendations from the 2022 findings of the Mining Cadastre Audit Report.

The approved recommendations include re-opening the Mining Cadastre Department following the completion of the audit exercise; floating of the bids for the blocked mining rights to companies which are wholly or partly owned by Zambians; restricting the number of mining rights an entity or company or related companies should have to only five; ensuring that foreign entities, wishing to acquire mining rights, partner with Zambians or companies owned by Zambians; and utilisation of ICT in the conduct of business to avoid human interaction.
Cabinet further agreed to address the issues which have compromised the issuance and management of Mining Rights; implement decisive measures to unlock investment in the mining industry; and enhance efficiency, transparency and accountability in the administration of mining rights.

4. Integrated Artisanal and Small-Scale Gold Mining and Marketing Development Model.

Cabinet also approved the Integrated Artisanal and Small-Scale Gold Mining and Marketing Development Model, which will be used to develop the Artisanal and Small Scale Gold Mining sub sector; identification or appointment of a Government entity as the Gold Aggregator; establishment and formalisation of the gold marketing centres; establishment of a Gold Refinery and value addition centres through Private Public Partnerships (PPPs); establishment and operationalisation of the Minerals Regulatory Commission; and provision of State Security in all gold mining areas and improve security in trading areas for gold miners and traders.

Cabinet has recognised that there has been a proliferation of informal artisanal gold mining activities in many parts of the country involving multitudes of youths. Therefore, this in itself is testimony that, if well-managed, the sub-sector has the potential to absorb many youths in the much-needed job and wealth generation activities. Considering that these youths are attached to families, Cabinet is convinced that artisanal gold mining is one avenue through which Government can fight extreme poverty, especially in the rural areas and consequently, lead to development in line with the Eighth National Development Plan.

5. Fourth Cycle National Report on the Universal Periodic Review.

In winding up debate for the day, Cabinet approved the Fourth Cycle National Report on the Universal Periodic Review (UPR) so that the Report can be submitted to the Human Rights Council as per the Human Rights Council resolution 16/21 adopted on 25th March, 2011, and decision 17/119 pertaining to the review of the Council, the second and subsequent cycles, which provides that Universal Periodic Review (UPR) should focus on, among other things, the implementation of the accepted recommendations and developments of the human rights situations in the State under review.

Every UN Member State is required to prepare and submit a Fourth Cycle National Report on the Universal Periodic Review. Zambia, being a UN Member State, is among the group of States to be reviewed by the Universal Periodic Review Working Group during the January-February, 2023 Calendar reviews.

Hon. Chushi Kasanda, MP
MINISTER OF INFORMATION AND MEDIA AND CHIEF GOVERNMENT SPOKESPERSON

16th October, 2022

A CALL TO ALL PF MEMBERS TO OBSERVE AND COMMEMORATE THE NATIONAL DAY OF PRAYER

Saturday 15th October, 2022

“If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.” – 2 Chronicles 7:14

The Patriotic Front recognises the supremacy and faithfulness of God thus we will continue to uphold Zambia as a Christian nation while respecting the right of every person to enjoy that person’s freedom of conscience and religion.

While in government, the Patriotic Front took several practical steps to actualise the declaration of Zambia as a Christian Nation, making Christianity the cornerstone of our Republic.

The National Values and Principles enshrined in Article 8 of our Republican Constitution are derived from the Christian faith and are the foundation of the social, political and economic development of our nation.

Former President, His Excellency, Dr Edgar Chagwa Lungu when in government reaffirmed this aspiration to see the transformation of the Republic as a Christian nation by among other things declaring 18th
October as a National Day of Prayer, Fasting, Repentance and Reconciliation according to
Statutory Instrument No.78 of 2015 and Gazette Notice of 23rd October, 2015.

As a political party that acknowledges the supremacy and faithfulness of God Almighty in all spheres of our lives, the Patriotic Front calls upon all its members and the general citizenry to observe and commemorate the forthcoming Day of National Prayer to seek the face of God, to honour His name, introspect, seek forgiveness, repent and reconcile with one another in pursuit of peace, prosperity and unity of purpose.

We implore all our members to attend the Prayers organised by our church mother bodies and fully participate in the proceedings from wherever they are.

Our nation is under attack from the spirit of darkness; our people are no longer safe, they have become targets of all manner of evil and wickedness. H@m@s@xuality, s@d@my, lies, bitterness, h@tred, v@ng@fulness, abd@ctions, trib@lism, nepotism, injustice, m@der and all manner of crime and wickedness have become commonplace in our nation.

As a people that believe in the power and sacredness of God, we must go down on our knees, to pray and fast and seek God’s mercy and favour to cleanse and heal our land of all manner of evil and wickedness which is destroying and dividing us.

We ought to thank God for his unfailing faithfulness. Without His love, things could have been worse and may turn even more disastrous. All of us are where we are today due to His love for us and He deserves to be worshipped and His name glorified.

May the spirit of love, unity and togetherness reign and overflow in our nation and beyond.

May the Peace of our Lord Jesus Christ and the fellowship of the Holy Spirit abide in all of us today and forever more.

Issued by;
Hon Given Lubinda
Acting President
Patriotic Front