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

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THE INDUSTRIAL DEVELOPMENT CORPORATION (IDC) WAS A BAD IDEA, IS A SCAM AND IT NEEDS TO BE DONE AWAY WITH BY THE UPND (PART 2)
By Shalala Oliver Sepiso

BACKGROUND AND CASE STUDY OF INDENI REFINERY

To understand the role INDECO had, and what IDC was brought in to try and do, lets look at the case of fuel importation into Zambia and indeed how some industries in the energy sector came about. The case study here will be of INDENI under INDECO.

At Zambia’s independence in 1964, the country used to get its fuel from a refinery near Umtali in Rhodesia. Multi-national Oil Marketing Companies (OMCs) such as Agip, Caltex, Mobil Oil, Shell-BP and Total used to import petroleum products into the country, which they then supplied to the local market. But on 11th November 1965, Ian Douglas Smith proclaimed the Unilateral Declaration of Independence (UDI) of Southern Rhodesia from the British Crown. He also closed the borders with Zambia, which opposed the Ian Smith regime. At the time of UDI, over 90 per cent of Zambia’s imports and exports were carried by the Rhodesian railways from the Copperbelt to the ports of Beira and Lourenzo Marques (now Maputo) in Mozambique as well as Durban in South Africa. The minority regime led by Ian Smith, soon after UDI, prohibited the conveyance of petroleum products through her territory to Zambia, imposed export tax on coal and threatened Zambia by many hostile acts ranging from psychological warfare to actual sabotage. Rhodesia used financial restrictions, theft of Zambian assets domiciled in Rhodesia, economic blackmail and sabotage to punish Zambia for its support to the freedom fighters for the independence of Angola, Mozambique, Southern Rhodesia itself, South West Africa (now Namibia) and South Africa. This blocked the trade routes Zambia was using to bring in fuel from Rhodesia as well as those it was using to export copper to Asia and Europe.

With no way out, Zambia was faced with a fuel crises. It was also faced with a reality that it urgently needed its own industries and its own infrastructure to develop the economy. Before Zambia could build facilities like pipelines and refineries, it needed to sold the fuel equation. So it started, first, as ridiculous as this may sound, to airlift fuel into the country. In fact, with trade routes closed, even some copper was now being airlifted by plane out of the country for export. The air-lift of copper from Ndola to Dar es Salaam lasted from December 1965 until May 1966 and it was termed the “Copper Air Bridge”. But flying fuel into Zambia was not cheap.

Before the Chinese came in to build the TAZARA – an expensive and difficult endeavour with more than 1000 tunnels on the Tanzania side alone – the Great North Road was quickly built to link Kapiri Mposhi to Dar es Salaam. The road was not tarred for many years and it provided problems for drivers. But it became the preferred route for bringing in fuel and taking copper out for export.

It was at this point that Zambia decided to establish a company with trucks that could bring in fuel from Dar es Salaam port and deliver copper to the ports for export. The Zambia-Tanzania Road Services (ZAM-TAN) was established. ZAMTAN was one of the companies under INDECO. ZAMTAN was a brainchild of Valentine Musakanya, who enlisted and got Kaunda to appoint Andrew Sardanis as the the head of The Industrial Development Corporation (INDECO) Group of Zambia. Musakanya then got Sardanis to sit down the with Italian Ambassador in Lusaka to come up with an agreement for the transport company. Kaunda agreed with Julius Nyerere to set up ZAMTAN and six months later, the first trucks came in to ply the route between the Copperbelt and Dar es Salaam. These were Italian FIAT trucks. All hundreds of them. The headquarters of ZAMTAN was in Kitwe at the place now called ZAMTAN compound near Kafue river bridge as one enters Kitwe from East. The Italians saved us Zambians by giving us more than 200 FIAT trucks. At its strength, ZAMTAN had more than 450 FIAT trucks including tankers and lorries. The ZAM-TAN trucks were carrying cooper from the Zambian copper belt to the Tanzanian coast and bringing general goods and oil to Zambia on the return journey. Oil was being brought by tankers and also lorries which brought the oil in drums. The company had a labour force of 2,000 people and it was able to carry 20,000 tons of cargo a month both ways.

This 2,400-kilometre highway from Dar-es-salaam to Kapiri Mposhi in Zambia, known to lorry drivers because of its hazards as the “hell run” became the main route for fuel supplies. The Great North Road passed through the Tanzanian highlands and dropped to the Masai plain. It was lashed by rainstorms and scorched by the sun. Sometimes rains or dust on the road was so bad that headlights were needed. The rain reduced the road to mud. The lorries churned it into ruts and holes. Some lorries get stuck in the mud, others skidded off it and overturned. The regulation time for the trip from the Copperbelt to Dar es Salaam was seven days, including a day’s rest at the border stop of Mbeya, in Tanzania. As a result, some drivers sometimes simply feel asleep from exhaustion and crashed. The biggest danger of all was the cargo: a spark – or even the sun’s heat – could explode the oil. In the hills of Mpika, many drivers lost their lives during the ZAMTAN era. There were six-tan staging points (three in Zambia and three in Tanzania) equipped to repair the vehicles if necessary. However, communication was another challenge as drivers relied on word of mouth by fellow drivers to facilitate the bringing in of help or supplies. “It was pure hell using the road during rainy seasons as trucks and tankers frequently broke down and got stuck in the mud with some overturning, scattering copper bars in the bushes, along some stretches of the road,” one old driver recounts.

Now the reader is reminded that, soon after independence, Zambia, then, did not have many experienced long-distance drivers to drive the hundreds of FIAT trucks brought in by Italy. From 1966 when the fuel run began, more than 60 men died on the road in the first year. Since this route was the only choice for the oil lift as a result of the sanctions against Rhodesia, the Zambian government offered substantial payment to lorry owners prepared to risk “hell run”. Zambians were ill equipped to drive such trucks and the only place where experienced drivers were available was Somalia as they were already using same trucks across East Africa. And so, Zambia enlisted many Somalian drivers to come and drive the ZAMTAN trucks.

For the time it ran, this INDECO company – a State Owned Enterprise – was critically important to Zambia even though it was not very viable and profitable. It could not have run without state funding and it saved a nation from collapse. But it could not be sustained.
May be a black-and-white image of 1 person and outdoors

Decomposed body of missing South African woman found hidden in ceiling of her boyfriend’s home

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Decomposed body of missing South African woman found hidden in ceiling of her boyfriend’s home

A South African man, identified as Thabo Silas Tsotets, has been declared wanted by Mpumalanga police after the badly decomposed body of his girlfriend, Nosipho Caroline Mthombeni, was found in the ceiling of his house.

Mthombeni’s decomposed body was found when police responded to a complaint about a foul odour from the house located in Minaar Street at Balfour.

Speaking to TimesLIVE this week, Mthombeni’s grieving aunt Nomvula Maya said her daughter, Phumzile had confronted the man weeks after Nosipho’s disappearance.

“He should stop making things hard for her family and just hand over her body so they can bury her. But he insisted he knew nothing about her whereabouts, despite a stench in the house. ” She said.

After the suspect, Tsotets, was confronted by the deceased’s cousin, he disappeared, and only three days later, on October 5, 2022, Mpumalanga police made the harrowing discovery.

On arrival, they found a lady who indicated that she had moved into the house about a month earlier to stay with the father of her child.

“Police began checking the house to determine where the odour was coming from. At first, the ceiling trapdoor did not show clearly what was inside. However, the members proceeded to the next room and broke the ceiling, [discovering] a human body wrapped with some clothes.

“Emergency services personnel were summoned to the scene, but the body was in such a decomposed state that the gender could not be determined at that time. However, later, through the shoes that the victim was wearing as well as the nail polish and other features, it was determined that it was a female. A murder case [was opened].” Brig Selvy Mohlala, police spokesperson, told TimesLIVE.
The boyfriend, Thabo Silas Tsotets, is still at large.

Mthombeni’s heartbroken family has opened up about the events leading up to the shocking discovery.

HEART BREAKING STORY OF A WIDOW

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HEART BREAKING STORY OF A WIDOW

MY name is Emily Mweemba ,I am 33 years old and I live in Nangoma District.

I was once happily married and God blessed me with two lovely sons.

I am a widow who lost her husband to cancer two years ago.

Life became hard after I lost my husband,I started facing challenges in all areas of my life.
I started to survive through handouts from well wishers.

Despite of the financial problems I was facing in life I vowed to educate my two children that is why every school holidays I would send them to their uncles and aunties from their father’s side of the family in Lusaka and after the school holidays,they would come back home with new school uniforms,books ,shoes and school fees etc.

This strategy really worked and my children never lacked anything to do with school.

Last month in August,2022 I organized some transport money and sent my children for school holidays at their uncle’s house in Lusaka’s Kanyama Area. One of the cousins was going to Lusaka for business so I asked her to go with my sons.

My sons returned from Lusaka on 29th August,2022.

I was very happy when I saw my sons who were both looking healthy and dressed in nice new clothes.I even asked a neighbour’s son to take photos of my sons.

The photos you are seeing were taken just a few minutes after my sons returned from Lusaka.

Later that afternoon,my sons went to play with their friends.

Then around 17:00 hours my youngest son,Evans, returned home and complained that he was feeling hot. He then asked me to prepare cold water for bathing.

Then around 19:00 hours he started fitting from nowhere.
We quickly rushed him to the hospital but sadly died on the way.

The next day my other son Emmanuel also collapsed at home in the kitchen and also died just that like that.

I lost my sons in the space of 24 hours. I am shocked and I don’t understand what is happening.

Source: Mwebantu Trendsetters

Chakwera pleads for patience from Malawians

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President Lazarus Chakwera has called on Malawians to be patient, saying his government is working to make sure that some of the challenges the country is facing are fixed once and for all.

Chakwera made the remarks Wednesday when he held a development rally at Nsangwe Community Ground in the area of Senior Chief Ngabu in Chikwawa District.

“Let’s have patience for a better Malawi. Even the things we think are impossible will be made possible. The Shire Valley Transformation Programme (SVTP), the railway line and our roads will one day be a talk of town,” he said.

He called on Malawians to always strive for independence, saying the country has begged for so long.

“Let’s sacrifice and invest so that we have a better future. Corruption won’t take us anywhere. Give to Malawians what belongs to them,” said Chakwera, adding that the spirit of competition among Malawians won’t take anyone anywhere.

On power outages, Chakwera said nobody is happy with the persistent loadshedding the country is currently facing. He argued that before the disasters which led to damage at Kapichira Power Plant, there was power all day, everyday.

“Before the disaters, there was power all day and we were working on having 1000 megawatts by December this year. Unfortunately, there came Storm ANA and Cyclone Gombe affecting the whole process. But we are doing all we can to fix every problem,” he added.

Speaking earlier, Senior Chief Ngabu hailed the president for inspecting some developmental projects in the Shire Valley.

He said there was hope in the SVTP that once completed, it will eradicate persistent hunger the two districts of Chikwawa and Nsanje experience due to the dry spells.

Member of Parliament for Chikwawa South, Ilias Karim said with time, projects such as SVTP as well as the Greenbelt will likely transform the Shire Valley.

“The railway line from Mozambique to Nsanje will help Shire Valley to be a hub of transportation in the country. This will boost business and will greatly help us,” said Karim.

World Bank tells Mnangagwa ‘achieving vision 2030 won’t happen without reforms’

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The World Bank has told President Emmerson Mnangagwa that his vision 2030 and the goal of Zimbabwe becoming an upper middle-income country (UMIC) by 2030 required reforms in several economic sectors including harmonising the informal and formal sectors and removing price and exchange rate distortions.

“Achieving Zimbabwe’s vision 2030 and the ambitious goal of becoming an upper middle-income country (UMIC) by 2030 will require significant acceleration of productivity growth and focus on ensuring the creation of quality jobs,” read part of the latest World Bank Country Economic Memorandum (CEM).

The institution further told Zimbabwean authorities that there was a need to formalise the informal institutions that are contributing significantly to the economy.

“In Zimbabwe, informal workers are concentrated in critical sectors of the economy: agriculture, mining, and tourism. Despite these sectors’ importance to the economy, they present less opportunity for the country to move the economy up the value-added chain or provide higher-quality jobs for workers.

“….. Zimbabwe’s growth performance has been challenged by its large informal sector, complicating productivity growth, effectiveness of policies, and long-term development. At the macroeconomic level, pervasive informality limits the tax base and constrains the government’s ability to mobilize domestic resources.

Stella Ilieva, World Bank Senior Economist and lead author of this report said the Southern African country’s economy had potential to improve.

“Zimbabwe possesses significant, unrealized potential. The country can achieve steady and rapid economic growth, given its abundant natural resources, highly educated workforce, and strong entrepreneurial culture.

“Moreover, with further investment, Zimbabwe’s public infrastructure can support future growth,” she said.

The World Bank also slammed Zimbabwe for allowing internet providers to charge exorbitant charges.

“Additionally, Zimbabwe charges significantly higher broadband prices than comparator countries. If Zimbabwe is to move up the value chain and focus on advanced manufacturing and services, the country needs to address service challenges such as unaffordable internet access.

“There are two pathways for boosting trade to scale-up productivity: support export diversification and participation in GVCs—such policies will involve developing linkages between downstream and upstream firms through supplier linkage programs and also incentives that allows R&D expenditures to be offset against taxes; enhance participation in regional integration—these policies will involve implementing the tariff reductions required within the African Continental Free Trade Area agreement,” read the report.

Local economist Tinashe Murapata supported the report and said:

“Have gone through the World Bank Country Economic Memorandum (CEM).

“It correctly identifies Zim human capital as its advantage. But the crisis in Zim has jeopardized its success. As a society it’s time we focus on Jobs.

“The Government of Zimbabwe must stop its favoritism and focus on job creation,” Murapata said.

Peter Sinkamba says he will write to President HH to ensure that fired DPP Lillian Siyuni is stripped of the title of State Counsel

GREEN PARTY THANKS PRESIDENT HH FOR FIRING SIYUNI
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We, as the Green Party are very happy that President Hakainde Hichilema has fired the former Director of Public Prosecution Lillian Fulata Shawa Siyuni for contravention of the Constitution. This should be a lesson to all constitutional office holders that breach of the Constitution is a very serious matter. Breach of it is inexcusable at all, regardless. We commend the President for demonstrating leadership in this manner.

We however think that he should also strip her of the title of State Counsel. It is an insult to the Republic to allow a person who has committed a very serious offence against the people of Zambia by wilful contravention of the Constitution to retain the honour of State Counsel. In this regard, we will write the President and the Chief Justice to dishonor Ms Siyuni the title of State Counsel forthwith.

We also congratulate Mr. Gilbert Phiri for the appointment and hope that Parliament ratifies the appointment. He should learn lessons from Ms Siyuni that unlike the position he held at Anti-Corruption Commission, this particular one is people-driven. If he demonstrates incompetence or grossly misconducts himself, the people themselves will get him fired through JCC. We hear from Ms Mizinga Melu that lots of financial crimes have been reported by financial institutions to the Joint Investigations Team of which Mr Phiri was until yesterday a member but the team took no action. Mr. Phiri should know from the outset that such omission or mischief on constitutional matters because the people will hound him out of office in no time.

We would like to commend the JCC for being firm and resolute in dealing with the mischief of Ms Siyuni and urge the Commission to do the same to all complaints brought it. The Commission should always act without fear or favour to ensure our Constitution remains supreme law of the land and respected by all regardless.

Finally, we commend the citizens who dutifully and courageously petitioned Ms Siyuni at JCC in defence of the Constitution. We salute you all. We urge them to continue performing this constitutional vigilantly all the time.

FINAL JUDGMENT ON KABUSHI AND KWACHA SET FOR MONDAY

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FINAL JUDGMENT ON KABUSHI AND KWACHA SET FOR MONDAY

The Constitutional Court will on Monday determine whether the Electoral Commission of Zambia contravened the Constitution when it failed to cancel an election and call for fresh nominations in Kabushi and Kwacha constituencies when independent candidates tendered their resignation on 12th and 13th September, respectively.

According to Article 52(6) of the Zambian Constitution require the Commission to cancel the election, call for fresh nominations and hold elections within 30 days after the holding of fresh nominations whenever a candidate resigns, dies, or is disqualified by a court before the date of an election.

During the hearing in Lusaka, the Electoral Commission of Zambia had told the Court that it did not cancel the election when candidates resigned because there was a High Court Order dated 13th September, 2022 stopping them to do anything with the Kabushi and Kwacha elections.

But Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza said the Commission was under a mandatory obligation to cancel an election the moment they accepted the resignations on the 14th September, 2022.

During the hearing in Lusaka, the petitioners showed the Court that the said court order did not prevent the Commission from dealing with nominations that were held on 25th August, which have since become invalid upon resignation by candidates.

“In fact my ladies, the Commission proceeded to accept the resignations on 14th September, a day after the Court order was in effect. This shows the Commission deliberately made an omission to cancel an election before or during the time the court order was in effect,” said Green Party President Sinkamba

And during the hearing in Ndola, Mr Mwanza told the Court the excuse by the Commission that they could not do anything with the election was deliberately calculated to mislead the Court because the Commission have twice ignored the same Court order by setting a new election date, asking parties to campaign in addition to having accepted nominations while the order remain in place.

“The Commission has shown that it will neither respect the Constitution and is acting above the courts in Zambia. It’s omissions and decisions have not only continued to undermine the Constitution but to also showed total contempt against the courts of law,” he said.

And President Sinkamba asked the Court to allow him commence contempt proceedings at a later date against the three ECZ Commissioners who have shown contempt against the Constitutional Court.

The petitioners have since called on the Court to order for cancellation of elections in Kabushi and Kwacha constituencies because the nominations have become invalid due to the resignation of candidates on 12th and 13th September, 2022.- ZR

we will not consult you when you commit an offence, we shall just discharge our duties and arrest you- Kajoba

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WE WILL ARREST YOU SAYS KAJOBA

…we will not consult you when you commit an offence, we shall just discharge our duties and arrest you

The Zambia Police Service will not consult the United Party for National Development (UPND) leadership or any other political party when discharging its constitutional mandate of maintaining law and order in the country, says Inspector General of Police, Lemmy Kajoba.

Mr Kajoba said the roles of the police were clear and constitutionally defined and that the police service will and shall effect an arrest whenever an offence was committed without considering the political status of the suspects.

Mr Kajoba said the Police Service knew its responsibilities and did not need to consult any political leader when discharging its mandate and that those who will break the law in the name of a political party will simply be arrested.

He warned that those who intended to commit offences or crimes in the name of political parties should be ready to face the consequences of their actions.

Mr Kajoba said the law had no face and that those who shall commit offences in the name of their political parties should know that the police had the mandate to protect property, lives and to maintain law and order.

He said there were some cadres from the ruling party who committed offences in the name of their party but the police had moved to arrest them and that some of the cadres were still in custody.

He has warned members of political parties to desist from engaging in unlawful activities in the name of their political parties, stating that the law had no face.

“When an offence has been committed, we do not need to consult anyone. Our role is to maintain law and order and the law has no face. As police, we know and understand our responsibility, so we do not consult when an offence has been committed. We shall discharge our duties and responsibilities within our constitutional mandate,” Mr Kajoba said.

He said he could not understand what the UPND national youth chairman, Mr Gilbert Liswaniso meant when he said the police should be consulting the ruling party when handling political matters.

Mr Kajoba said he was not the right person to interpret what Mr Liswaniso meant by asking the police to consult the UPND when handling political matters because according to him, the law did not respect political affiliation.

“I do not know in what context Mr Liswaniso said what he did. It could be different or have been different from what he intended to say. I may not be the right person to clarify what Mr Liswaniso said,” Mr Kajoba said.

CREDIT: Dailynationzambia

KIDNAP, RAPE & IMPREGNATE SABOI: Suspected UPND Supporter Issues Call For Police Officers To Deal With Opposition Leader Saboi Imboela

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KIDNAP, RAPE & IMPREGNATE SABOI: Suspected UPND Supporter Issues Call For Police Officers To Deal With Opposition Leader Saboi Imboela

NDC president Saboi Imboela has reported a suspected UPND supporter, Carlos Kalunga, for making vile social media comments to an extent of calling for her abduction and eventual killing.

Saboi writes

THE CONSTITUTION OF ZAMBIA PROTECTS THE PRESIDENT FROM BEING INSULTED-

The Constitution of Zambia protects the President from being insulted. It’s an archaic law called Sedition, but it’s there and it’s the one all autocratic leaders use to silence their critics. So if you want to accuse people of things you don’t understand and you take things in your own hands, you will be the one that will land in problems. I have decided to report this character Carlos Kalunga to the police so that people know that we have laws in this country that safeguard citizens.

If I insulted the President, then the law will visit me. But if I insulted the president only in your misunderstanding of English that’s another issue, and also don’t blame me for your ignorance. Zambia has laws and they have to be respected. As simple as that. If I broke the law in anything I said, I will be found wanting, so this here is a clear case of breaking of the law that I will not tolerate.

This thing of always insulting people, violence, threats, etc, in the name of the President is what we talk about all the time. Even if I was to insult the president, anyone threatening me or insulting me on top of those insults would still break the law. The last time we reported some cadres to Central Police with Linda S Shachinda, because of too much insults against women politicians on Facebook, the cadres came crying and we had to withdraw the case. But this Carlos Kalunga, whether it’s a fake name or not, needs to be taught a lesson and I won’t withdraw this case no matter what. Mwaya sana.

Saboi Imboela

President- NDC

2022 World Cup: Cameroon FA Boss Samuel Eto’o Attacks French Journalists over Juju Report

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Cameroon Football Federation (Fecafoot) President Samuel Eto’o has written a scathing letter to Radio France Internationale, RFI, for reporting that the latter are hiring the services of black magicians or ‘juju’ ritualists to boost the fortunes of the Indomitable Lions at the upcoming 2022 World Cup in Qatar.

The former captain of the Cameroon national team, who has been uncompromising in protecting the image of FECAFOOT since taking charge last year, challenged the French national broadcaster to provide evidence to the report he claims is calculated to damage the image of the country. Samuel queries the reports and has put RFI to the strictest proof on the report, citing that the allegations are defamatory to Cameroon’s national image and reputation.

The legendary footballer condemned the report by RFI as dubious following the report written by Fabien Essiane that said ‘Cameroon footballers are trooping to villages with the aim of destabilizing their opponents.’

In the letter dated October 7, 2022, Samuel Eto’o hit back at the allegations in the article in French, “World Cup 2022: when football and mysticism come together in Cameroon, which was published on October 6 on the RFI website.

The former Barcelona superstar promptly responded with an official response through a strongly-worded letter to the management of the French broadcaster insisting the report is defamatory with rather dubious sources.

Eto’o further discredited the media and the journalist in question by formally denying the content of the article and challenged all RFI journalists to prove the veracity of the report. The former Barcelona and Inter Milan talisman also called out RFI journalists for their lack of media ethics.

The RFI article went viral after reporting “that most Cameroonian footballers rush to remote villages in the depths of the equatorial forest, in search of and to meet traditional healers”.

“According to a certain custom, to achieve a good course during an international competition, you have to surround yourself with the best marabouts, traditional healers and private healers”.

According to Samuel Eto’o, his remarks are defamatory with rather dubious sources which further discredit the media and the journalist in question. In any case, the native of Newbell formally denies the content of this article and challenges all RFI journalists to prove the veracity of what they say.

Meanwhile, Cameroon has made more appearances at the FIFA World Cup than any other country from Africa and is grouped alongside Brazil, Serbia and Switzerland in Qatar 2022. The Indomitable Lions finished third in the African Cup of Nations 2021

Despite having made more appearances at the FIFA World Cup than any other country from Africa, Cameroon has not managed to qualify for the knockout phase since its quarter-final appearance in 1990 and head coach Rigobert Song will look to change that in Qatar

SO FAR SO GOOD, PF NODS CON-COURT RULING IN NDOLA

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SO FAR SO GOOD, PF NODS CON-COURT RULING IN NDOLA

….upholding that indeed, rescinding of a resignation in an election is not provided for in the Constitution

Lusaka…. Friday, October 14, 2022 (Smart Eagles)

THE Constitutional Court has dismissed Attorney General’s application to arrest the Judgment in the Kabushi and Kwacha Constituency by-election.

The Court has reserved Judgment to Monday next week. And in its Ndola ruling, ConCourt said the issues raised by the petitioners can be determined separate from the purported rescission of resignation, which the petitioners had argued have no effect on the Constitution as the Constitution does NOT provide for rescinding of a resignation.

Meanwhile, the decision by the Court has thrilled Patriotic Front (PF) Acting President Given Lubinda, who is on the Copperbelt meeting party structures.

Speaking to the media after Court’s ruling, Hon Lubinda, who passed through to the Court, beamingly said the ruling is sufficient for the PF to be happy.

He however lamented that the conduct of the AG raises a lot of concern that the State is getting involved in matters that it has least interest all to try and frustrate the cause of justice.

“We would like to commend the bench for coming up with this decision to dismiss the petition by the intervener and let’s wait tor the court now to hand out judgement on Monday. But we are happy that intentions of the Attorney General have been declared as mischievous,” he said.

“I hope that the Attorney General will learn that much as he is employed by the Executive, his role is also to adequately advise the Executive. They are not to bring the whole country to a standstill with frivolous application such as this. We have seen the Attorney General getting involved in raising issues that are frivolous academic.”

And Hon Lubinda warned that the Electoral Commission of Zambia (ECZ) must not think that it is a power to itself.

He added that the Commission has to operate within the confines of the law.

“But what is more important is that the two petitioners did not go to sleep. They were alert of what was happening in society. While sitting in court yesterday they were also following what was happening around and I am delighted that they have done what we were expecting them to do, what many citizens were expecting them to do, to apply to commence contempt proceedings against the ECZ,” he said.

“The ECZ must not think that it is a power to itself. It also has to operate within the confines of the law. There is no reason for the ECZ to usurp the power for the other institutions. Now they have shown that they want to try and bring down the Judiciary by going contrary to the decisions of the Judiciary. The Court today has stood up to defend its position.”

#SmartEagles2022

REJECTION OF NOMINATIONS FROM PF CANDIDATE BY ECZ IN LUSANGAZI IS A VIOLATION OF THE CONSTITUTION – MUNDUBILE

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REJECTION OF NOMINATIONS FROM PF CANDIDATE BY ECZ IN LUSANGAZI IS A VIOLATION OF THE CONSTITUTION – MUNDUBILE

………..as he vows to defend, protect the Constitution

Lusaka…. Friday, October 14, 2022 (Smart Eagles)

You promised to govern using the rule of law, there is a crisis now, we want to hear you address the nation and speak to these very important aspects, Leader of the opposition in Parliament Brian Mundubile has told President Hakainde Hichilema.

And Hon Mundubile has expressed his displeasure with the decision by ECZ to reject the nomination of PF candidate in the Lusangazi council by election saying that it is a violation of the constitution.

The Lawmaker however assured Zambians that PF MPs stand ready to defend and protect the Constitution.

He slammed the Attorney General and the Solicitor General for allegedly conducting themselves unconstitutionally.

“When you are talking about Kabushi and Kwacha, you are talking about Lusangazi, you are talking about Luangwa, you are talking about Mkushi, there is this huge appetite by our friends in the UPND to cause an assault on our constitutional democracy,” he said.

“Office of the Attorney General and Solicitor General are supposed to be in charge of public interest. Now if you pick strong members, active members of the UPND, they will fail to differentiate between the interest of Zambians and those of the UPND. When you go to the JCC, the Commissioners of the JCC were active members of the UPND, the majority of them. We raised these concerns, we knew we were going to have a problem that we are having today.”

Hon Mundubile said the Attorney General and the Solicitor General are failing to differentiate between the said interests.

“Solicitor General and Attorney General, yours is to act for the Zambians and not for political parties. I want to call upon the Attorney General and the Solicitor General to realize that they are now civil servants. They can no longer continue to serve UPND interests,” he said.

“The drama we are seeing in the courts today it’s because Solicitor General and Attorney General have taken the interest of the UPND in this electoral process above public interest. We have a problem even in the Judicial system because of who is sitting at the JCC. He called on the President to look at who is sitting in the AG office and the JCC. For us what it seems is it has been a long time scheme to try and manipulate the electoral system so that the UPND is the only participant in these elections.”

He also castigated the ECZ for disregarding the court order over the Kabushi and Kwacha by elections.

The Lawmaker charged that the actions of the UPND is a constructive admission that Zambians are not happy with how they are governing the country.

He added that it will be very difficult for the UPND to win an election going forward as he demanded that the drama at ECZ should be put to an end.

“The recent letter that ECZ sent ……..disregarding orders of the court, we all know who is doing that. On one hand, they are busy giving flowery reports about what they have done and how they have transformed this country,” he said.

Katuba Councillor Mundemba Buys School Desks Using CDF Says HH Should Be Questioned Why He Delayed Being President

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KATUBA COUNCILLOR MUNDEMBA BUYS SCHOOL DESKS USING CDF SAYS HH SHOULD BE QUESTIONED WHY HE DELAYED BEING PRESIDENT

A civic leader in Katuba ward Mundemba has expressed gratitude to PRESIDENT Hakainde Hichilema following the CDF release.

Mundemba says local youths have been engaged to make the desks and that using CDF funds as per HH’S guidance and vision nothing will be imported but produced locally in Katuba as that will keep jobs.

So far, these are the desks that through CDF have been made.

HH has consistently said that by 2023, no child should be sitting on floor while attending lessons in class.

These proper usage of CDF funds will really embarrass sleepy and gallivanting Members of Parliament especially those absentee from Constituencies.

Koswe can also disclose that Zambians with the birth of social media like our organisation have opened up their eyes and ears and any coming election will see a lot of current sitting members of parliament being casualties and lose their seats if they don’t make themselves available to the people and also sing the HH CDF song. As for HH, 2026 is guaranteed but MPs including Independents and PF are at the verge of being taught a lesson.

A chap is a member of parliament but can hardly spend time with people who voted for him or her and yet President Hakainde Hichilema has made K25.7 million readily available for development in the particular Constituencies.

Thumbs up to that PF Mafinga MP, Binwell Mpundu who is Independen MP on theCopperbelt, Jay Jay Banda, Chasefu Independent MP and others who are playing their political cards well.

Some of these children getting free education from HH today, will by 2026 be eligible to vote and Hakainde will continue giving them free education though Koswe hears that IF PF BOUNCES BACK, THEY WILL SCRAP OFF FREE EDUCATION, SCRAP OFF BURSARIES, SCRAP OFF MEAL ALLOWANCES, SCRAP OFF SOCIAL CASH TRANSFER AND ALL.

Nigeria Holds Separatist Leader Nnamdi Kanu Despite Court Ruling

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Nigerian sources Friday said President Muhammadu Buhari’s administration has indicated that it would not release Nnamdi Kanu, the leader of the separatist Indigenous People of Biafra group, despite a court judgement passed on Thursday that ordered for his release.


Nigerian prosecutors Friday said they will be appealing a court decision which was passed on Thursday that dismissed charges against Nnamdi Kanu, the leader of the IPOB.

According to several Nigerian sources, authorities in the west African nation will be holding Kanu while President Muhammadu Buhari’s administration reviews all legal options.

Umar Gwandu, the spokesperson for Nigeria’s Attorney-General of the Federation, Thursday said the Attorney General and the Ministry of Justice notes the decision passed to dismiss charges against Kanu, however emphasized that the separatist leader was only discharged and not acquitted.

“The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu,” said Gwandu, adding, “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.”

The AGF and Minister of Justice, Abubakar Malami, has reacted to the decision of the Appeal Court to discharge the leader of IPOB, Nnamdi Kanu.In a statement by his spokesperson, Dr. Umar Gwandu, Mr Malami said the appeal court only discharged Kanu and did not acquit him. pic.twitter.com/waRQg4nzMB

— NigeriaInfoPH (@NigeriaInfoPH) October 14, 2022
Justice Oludotun Adefope Okojie, the lead judge who oversaw Kanu’s case on Thursday, said the court dismissed charges because the lower court had no jurisdiction to oversee the case against the separatist leader.

“In view of the fact that the trial court lacks jurisdiction to hear this case because the process of extradition of the appellant from Kenya to Nigeria was unlawful since due process was not followed, this appeal succeeds” said Okojie.

Kanu’s legal team vehemently denies charges linked to the separatist leader and argue that their client did not receive a fair trial after he was forcefully extradited from Kenya to Nigeria, an allegation that Kenyan authorities declined to comment on.

Efeanyi Ejiofor, Kanu’s legal representative told VOA that the appeals court verdict was motivated by the alleged violation of international laws by President Muhammadu Buhari’s administration which led to the return of his client to Nigeria.

Emma Powerful, the spokesperson for Kanu’s IPOB says upon the release of their leader, the separatist group is going to focus on the liberation of Biafra.

“Our next target is to ensure that Biafra liberation is materialized,” said Powerful, adding, “No human being can stop it.”

-VOA

DIEGO MARADONA ‘HAND OF GOD ’ FOOTBALL SET TO BE SOLD AT AUCTION FOR £2.5-£3m

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DIEGO MARADONA ‘HAND OF GOD ’ FOOTBALL SET TO BE SOLD AT AUCTION FOR £2.5-£3m

(BBC) The ball used by Diego Maradona to score two of the most famous goals in football history is to go on auction.
The match ball used in the famous 1986 World Cup quarter final between England and Argentina carries an estimated price of £2.5m to £3m.

It is being sold by Ali Bin Nasser, the Tunisian referee who allowed Maradona’s ‘Hand of God’ goal during the game.
Bin Nasser said: “This ball is part of football history – it is the right time to be sharing it with the world.”

The ball was used for the full 90 minutes of the match, which remains one of the most defining and controversial contests in World Cup history.

Maradona scored the opener by punching the ball past England goalkeeper Peter Shilton.
Bin Nasser did not spot the handball and allowed the goal to stand, with the player later describing it as being “a little with the head of Maradona and a little with the hand of God”.


Maradona’s second strike of the match has become known as the ‘goal of the century’, where he dribbled past five England outfield players and slotted past Shilton.

Argentina went on to win the match 2-1 and eventually win the World Cup in Mexico.
The ball is being sold at auction on 16 November as part of a World Cup special event. It will be streamed live and prospective buyers can register their bids online from 28 October.

“The timing of the match, the history between the two teams and the handball have all led to this match going down as one of the most famous and emotive matches in football history,” said Graham Budd, chairman of Graham Budd Auctions.

“With the history surrounding the ball, we are expecting this lot to be hugely popular when it comes up for auction.”

Credit: BBC

ZAMBIA DEGENERATING TOWARDS BANANA REPUBLIC UNDER UPND… Freedoms are being taken away at a fast rate – Nakacinda

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ZAMBIA DEGENERATING TOWARDS BANANA REPUBLIC UNDER UPND

…..Freedoms are being taken away at a fast rate – Nakacinda

Lusaka…. Friday, October 14, 2022 (Smart Eagles)

The opposition Patriotic Front has mocked the ruling UPND charging that Zambia is degenerating at a fast rate under their watch towards the Banana republic.

PF Chairperson for Information and Publicity Raphael Nakacinda has condemned the violence perpetrated by the ruling party.

This follows reports of the said vice in some selected of the country.

Hon Nakacinda said when he addressed the media at the Lusaka Magistrate Court grounds that the UPND are experts at deceit.

“First of all, I would like to express our disappointment at the conduct of the UPND as a party. The violence that was exhibited in Mkushi is uncalled for. The violence that was exhibited in Lusangazi was uncalled for. The chasing away of PF candidates and blocking them from filing in nominations in Southern Province is undemocratic and barbaric. We have always said that if there is a political party that is violent in this country it’s the UPND,” he said.

“In time past they coined a slogan of Mapatizya formula, later on it was other slogans that all spoke to violence. They are experts at advancing deceit. In one vein, they will talk about the rule of law but their real conduct is actually you know, lawlessness. They have no regard whatsoever to the law. Look at how they have manipulated and interfere with the ECZ to the point of it making decisions, pronouncements that are unconstitutional and contentious.”

Nakacinda charged that there is the process of ethnic and tribal cleansing within the police service and other law enforcement agencies.

“Yesterday in Lusangazi, you could see from the faces of Police Officers who are supposed to be enforcers of the law, clearly they are under capture, with the dismissal of over 35 officers, mainly from Eastern Province and Northern Province in what is called national interest,” he said.

“The very list that the UPND were denying that it is fake, now it is being actualized. There is the process of ethnic and tribal cleansing within the police service, within other law enforcing agencies and uniformed officers that are supposed to be providing security.”

The PF MCC said there is need for Zambians to wake up.

Nakacinda said Zambians’ freedom is being taken away at a fast rate.

“It is very sad that we are degenerating at a fast rate under the UPND towards the Banana republic. And this, we are calling on Zambia, wake up. We know that many times when we are speaking we are perceived as just advancing our political interests,” he said.

“This is not about PF, this is about Zambia, our democracy, our freedoms and our rights that are being taken away at a fast rate each and every day that passes. Look at how the police now are being used to block other candidates from other political parties from participating in elections by blocking them from filing in nominations.”

#SmartEagles2022

ACC Arrests Former Housing & Infrastructure PS Over Procurement Of Infreastrucure House At Us$5 Million

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ACC ARRESTS FORMER HOUSING & INFRASTRUCTURE PS OVER PROCUREMENT OF INFREASTRUCURE HOUSE AT US$5 MILLION

The Anti- Corruption Commission has arrested former Ministry of Housing and infrastructure Development Permanent Secretary Charles Mushota and former Chief Procurement and Supplies Officer at the same ministry Dorothy Katongo over irregularities in the procurement of a building at over US$5 million.

Mr Mushota and Ms Katongo have been charged with five (5) counts of Willful Failure to Comply with Applicable Law contrary to Section 34 (2)b of the Anti-Corruption Act No. 3 of 2012 and three counts of giving false Information to a Public Officer contrary to Section 125 of the Penal Code Chapter 87 of the Laws of Zambia.


Details are that Mushota and Katongo, whilst serving in their respective capacities at the Ministry of Housing and Infrastructure Development, willfully failed to comply with the law and applicable procurement procedures and guidelines in the procurement of Stand No. 237 United Nations Avenue, Longacres, now known as Infrastructure House, which was procured by Government through the Ministry of Housing and Infrastructure Development at US$5.35 million from a company called Zamworth Construction.


Mushota and Katongo facilitated the procurement of the building without clearance from the Government Valuation Department and failed to ensure that adequate funds were available prior to initiating the procurement process contrary to the provisions of the Public Procurement Act No. 12 of 2008. In addition, the duo did not establish an Evaluation Committee to evaluate the bid submitted by Zamworth as prescribed in Regulation 114 (a) of the Public Procurement Regulations of 2011, and that they further inserted a clause prohibited by law in the contract, stating that a compounded interest of 5% per month would be charged to the Ministry for any unpaid balance. This clause was neither subjected to negotiation with Zamworth nor was it authorized by the Ministerial Procurement Committee.


Mr Mushota and Katongo have been charged for giving false information to a public officer on three occasions: firstly, when he authored a letter to the Secretary to the Treasury stating that the Ministry on 4th November 2016 had engaged Government Valuation Department to value the named property when he in fact only requested it on 18th
November 2016; secondly, when he authored a letter on 3rd January 2017 to the DirectorGeneral, Zambia Public Procurement Authority, stating that the Ministry of Finance had confirmed availability of the funds, when the Ministry of Finance only got to confirm the availability of funds on 27th March 2017.


In the third instance, Mr Mushota is alleged to have, authored a letter to the Secretary to the Treasury on 10th January 2017, stating that the Government Valuation Department had cleared the said property for purchase when in fact the Acting Permanent Secretary Works and Supply had requested for a final valuation to be conducted on the whole building before it could give its final advice.
Mushota and Katongo have been released on Bond and will appear in court soon.

Timothy Moono
CHIEF CORPORATE AFFAIRS OFFICE

SABOI GOES FOR TONGAS: NDC Leader Says Majority Of The People Insulting Her Are From Southern Province

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SABOI GOES FOR TONGAS: NDC Leader Says Majority Of The People Insulting Her Are From Southern Province

~ This is very dangerous if left unchecked ~

Opposition NDC leader Saboi Imboela says it is surprising that majority of the people who insult her on social media are from Southern Province.

Commenting on a Facebook post, Saboi says she was wondering whether Zambia was heading into a tribal crusade or still practicing politics.

“It’s pure stupidity on your part to think it’s ok for people to fight me who is a parent also on things that I have no control over. Let us stick to politics.

“Otherwise if people want to go personal, we shall all go personal and they shud not run around and cry like little babies like u all are doing now…

“And sadly also, like I always say on some of the most hurtful posts, always look at the names that mainly insult me… Even right here, look at the names and the comments of people from the majority here. Is it a tribal crusade or politics?

“I would really love to know… Just read the comments yourself and the names here, and please help us understand what is going on in this country now. This is very dangerous if left unchecked,” she said.

When scolded for what others view as personal attacks on President Hakainde Hichilema, Saboi maintained her stance.

“Stanford Kabwata; I’m attacked because I’m president of my party, he’s attacked because he’s president of his party. It comes with the job.

“And now that he is even president of the country, it will be worse and he shud just be ready for that…

“The only thing we shud just avoid are insults because this country will kowela if people want to go that direction.

“UPND has already put us on that path but we need to stop it otherwise, it won’t be good. That I can assure u.”

Saboi insisted that the South had an agenda against anyone who was not one of them.

“Stanford Kabwata: I’m also a darling of the people of the South, even NWP. They call me their queen, their wife, etc, and I visit these places even more than I visit my own province…

“But we come here on Facebook, we have boys that don’t even know how to shave themselves insulting me and saying all sorts of things. Go on the pages of other opposition leaders and see what these young boys and girls, especially from the South are saying. It’s totally unacceptable.

“Who is driving the tribal crusade against the opposition? Even me their/ your mbuya is not safe. It’s not right.

ECZ Commissioner Ali Simwinga defends the decision to announce Election dates for Kabushi and Kwacha

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Electoral Commission of Zambia (ECZ) Commissioner Ambassador Ali Simwinga has defended the electoral body’s decision to announce 21st October 2022 as the date for the long awaited Kabushi and Kwacha by-elections on the Copperbelt Province.

The Electoral of Zambia on Tuesday announced that the delayed controversial Kabushi and Kwacha parliamentary by-elections will take place on Friday, 21st October 2022.

This is despite the ongoing court case in which former Kabushi Member of Parliament Bowman Lusambo and former Kwacha Member of Parliament Joseph Malanji are seeking to re-contest their old parliamentary seats.

The ECZ stopped Mr. Lusambo and Mr. Malanji from re-contesting in the by-elections by refusing to get their nominations saying they caused the two by elections.

Responding to a press query from Radio Icengelo News in Kitwe, Ambassador Simwinga wondered what error of principle or procedure the Commission has committed in announcing 21st October 2022 as the date for the long awaited poll for the Kabushi and Kwacha Constituencies in Ndola and Kitwe respectively.

In a written response, the respected lawyer and former Kitwe Town Clerk said Article 57(1) of the Constitution of Zambia requires bye elections to be held within 90 days of the occurrence of the vacancy.

Amb. Simwinga said holding a by-election within 90 days was mandatory and there are no exceptions.

He said in the case of Kabushi and Kwacha – the Commission is fast running out of time and failure to beat the deadline will create a serious Constitutional Crisis which has never happened in Zambia.

He said the court processes being referred to in the High Court such as the stay have been overtaken by events and lapsed owing to the letters of Articles 52(4) and 57(1) of the Constitution.

Amb. Simwinga added that the two independent candidates that had initially resigned their candidature which would have compelled ECZ to cancel the nominations and call for fresh ones have since rescinded their decisions.

“Good evening and thank you for your gracious message whose contents have been noted and appreciated.I’m particularly touched that you still consider me worthy of your esteem.I am humbled. Coming to the issues you have raised,I wish to politely state without prejudice that I’m not really sure what error of principle or procedure the Commission has committed in announcing 21st October 2022 as the date for the long awaited Poll for the Kabushi and Kwacha By Election.I say so my Dearest Friend because our view as a Commission is that Article 57(1) of the Constitution of Zambia requires bye elections to be held within 90 days of the occurrence of the Vacancy. This is Mandatory and there are no exceptions.In this particular case the Commission is fast running out of time and failure to beat the deadline will create a serious Constitutional Crisis which has never happened in Zambia.The Commission has to mobilise Ballot Papers and put in other logistic arrangements before the Poll itself,” he stated.

“It is also worth noting my Dear Friend that the Court processes being referred to in the High Court such as the Stay have in our humble view been overtaken by events and lapsed owing to the letters of Articles 52(4) and 57(1) of the Constitution. Further, the two Independent Candidates that had initially resigned their Candidature which would have compelled us to cancel the Nominations and call for fresh ones have since rescinded or withdrawn their resignations and demanded to be retained on the Ballot,” he said.

Amb. Simwinga said currently there was nothing legally that can stop the Commission from announcing and proceeding with the by elections for Kwacha and Kabushi Constituencies so that people can have representation in Parliament.

“Under the circumstances and in the absence of the two encumbrances,there fore nothing legally that can stop the Commission from announcing and proceeding with the by elections for Kwacha and Kabushi Constituencies so that our people can have representation in Parliament.The Commission finds solace on this stand in the case of Embassy Supermarket vs Union Bank Zambia Limited (SCZ 25 of 2007) in which the Supreme Court categorically stated that;

“Where a Statute imposes a duty on a Person, the the new date of the Person charged with the performance of the duty, cannot be estopped
from exercising his statutory Powers.”

My Dearest Friend, the Constitution of Zambia is the Supreme Law of the Land which binds all organs of the State , the Executive, the Legislature and the Judiciary.Under Articles 57(1)and 229, the Constitution has placed this huge responsibility of conducting bye elections and the entire Electoral Process on the Electoral Commission of Zambia and nobody else,not even our esteemed Courts as of now and failure to do so would create a Constitutional Crisis.” Amb. Simwinga wrote.

He concluded:”For the same reasons, the Commission feels duty bound to obey the Constitution by announcing the date of the Poll in Kabushi and Kwacha bye elections.

I have taken abit of time to respond and share this because we have come along way.It is my Prayer and hope that my principles and professional ethics will remain fundamental.Please accept the assurances of my highest regards.”

Some stakeholders in the electoral process have condemned ECZ for deciding to go ahead with the two by elections next week despite ongoing court cases relating to the poll.

Zambia Must Prosper Party (ZMP) said it is shocked by the ECZ’s decision to set 21 October as the day of voting in the Kwacha and Kabushi constituencies by-election when there is an active high court order for stay and other legal challenges awaiting final determination.

ZMP Party Spokesperson Trymore Mwenda said the decision is disregard for the courts of law by the ECZ under the UPND government.

“We have stated in the past and what ECZ is doing confirms the shrinking political freedoms of opposition political parties in this country since UPND assumed office.The UPND government and ECZ must know that this country belongs to all of us and that such arrogance can only be tolerated up to a certain point thus we urge them to do things for the greater good of the country.Zambians have not forgotten of an audio recording which went viral of two top UPND officials plotting to disadvantage a named opposition political party during the Kabwata parliamentary by-election,” Mr. Mwenda said.

The opposition Patriotic Front (PF) has since commenced legal action against Electoral Commission of Zambia (ECZ) for deciding to proceed with the by-elections in Kabushi and Kwacha constituencies on the Copperbelt Province without awaiting the outcome of the court processes.

PF acting Secretary General Nickson Chilangwa said the decision of the Electoral Commission of Zambia (ECZ) to proceed with the by-elections in Kabushi and Kwacha constituencies on the Copperbelt Province without awaiting the outcome of the court processes is an abrogation of the Constitution and contempt of court.

In a statement, Mr Chilangwa said in the legal action ECZ and its commissioners will be cited for contempt of court in their individual capacities.

He warned that the behaviour of ECZ is not only illegal but extremely reckless, irresponsible and is a recipe for serious public discordant.

“The behaviour of ECZ is not only illegal but extremely reckless and irresponsible and is a recipe for serious public discordant.It is now clear to the Zambian people that the ECZ has no desire whatsoever to allow the people of Kwacha and Kabushi to have a free and fair election and vote for candidates of their choice.ECZ and the public are fully aware that the issues of the by-elections in Kabushi and Kwacha are subject of active court processes to which the ECZ itself is part to. There are currently three court processes concerning the Kwacha and Kabushi by-elections;The High Court gave a specific order, ordering ECZ to stay the elections in Kwacha and Kabushi. The Court of Appeal ordered a stay of the delivery of the judgment of the High Court pending determination of the appeal filed by the Attorney General and the ECZ itself and there are proceedings in the Constitution Court on the interpretation of the 90 day period set by the Constitution concerning the period of holding of by-elections,” Mr. Chilangwa said.

The two by-elections were initially scheduled to be held on 15th September 2022 but could not proceed due to a court ruling.

The Lusaka High Court on 13th September 2022 granted Mr. Lusambo and Mr. Malanji a stay for the by elections in Kabushi and Kwacha constituency not to proceed as planned on 15th September, 2022.

Four candidates filed their nomination in the Kabushi election while five candidates managed to file their nomination in Kwacha Constituency in August, 2022.

Meanwhile, the High Court had last month granted the prayer by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.

Judges Mwape Bowa, Sharon Newa and Catherine Phiri ruled that though the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.

The trio said proceeding with the by-elections would be of grave injustice to Mr. Malanji and Mr. Lusambo as there was a likelihood of disenfranchising the duo by the time their petition would be determined.

Earlier in September, the Constitution Court declared Bowman Lusambo and Joseph Malanji eligible to re-contest the Kabushi and Kwacha parliamentary by elections respectively.

Mr. Lusambo and Mr. Malanji had challenged in court the Electoral Commission of Zambia’s decision to reject their nomination to re-contest the Kabushi and Kwacha seat respectively.

The arrest and prosecution of our colleagues from the previous administration should be a lesson for us in govt now- Cornelius Mweetwa

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MINISTERS and other government officials in the new dawn administration should learn lessons from what is happening to former leaders in the Patriotic Front (PF) who are being arrested on corruption charges that the UPND shall not be in government in perpetuity and that time will come for them to account should they get involved in vices such as corruption, Cornelius Mweetwa has cautioned.

And Mr Mweetwa has said the UPND government will endeavour to pursue the corruption of the previous government as well as that being committed by leaders of the current government anchored on the doctrine of the law being blind to political affiliation or status. Mr Mweetwa, the Choma Central Member of Parliament and Southern Province minister said Ministers in the UPND government should not fall into the temptation of mocking and laughing at former leaders during the PF rule but should instead learn lessons and avoid engaging into corruption.

He said in an interview that should current government Ministers and other senior officials venture into violating the laws of the country by engaging in corrupt practices, they should be ready to be followed, arrested and prosecuted either while still in government or after the leaving public office.

Mr Mweetwa has advised his fellow Ministers that they would be safer if they started engaging in productive activities such as agriculture while still in office rather than wait until they had lost their jobs in public office to venture into private entrepreneurship.

“For me, the arrest and prosecution of our colleagues from the previous administration should be a lesson for us in government now. We are new and we should be able to pick some lessons from what is happening to our colleagues. We should not be laughing at them because the UPND will not be in government in perpetuity…and this means that we are next on the queue should we venture into corruption. This is non-negotiable,” Mr Mweetwa said.

And Mr Mweetwa, who is the UPND spokesperson said the crusade against corruption shall remain blind to political affiliation or status and that whoever will be found on the wrong side of the law shall be pursued by the law enforcement agencies.

He said the same law the PF was using to fight graft was the same the UPND was using and that the doctrine of one being innocent until proved guilty shall be respected.

Mr Mweetwa said the UPND as a new government had not enacted any law and shall strictly follow the law when dealing with cases of graft.

“For us in the UPND, we have said corruption should be fought wholesomely. We have left the ACC to work according to their constitutive mandate. So the law will not look at your political status or affiliation and that is the difference we have brought in fighting graft. There is no any form of interference AND THE commission is pursuing any person whom they have credible trail of evidence connected to any act that would be referred to as act of corrupt practices,” Mr Mweetwa said.

He said no one should commit acts of corruption and begin to hide under political affiliation and wen arrested, cry political persecution. – Daily Nation

Museveni’s son Kainerugaba apologises over Kenya invasion tweets

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President Yoweri Museveni’s son Muhoozi Kainerugaba has asked President William Ruto to forgive him over his recent threats to Kenya.

In a statement on Thursday, Muhoozi said that he has never had a problem with Ruto.

“I have never had any problem with Afande Ruto. If I made a mistake anywhere, I ask him to forgive me as his young brother. God bless East Africa!” he tweeted.

Muhoozi recently nearly caused a diplomatic tiff between Kenya and Uganda when he threatened military invasion of Kenya.

In a series of cryptic tweets, the former Commander of Land Forces said it would take no more than a fortnight to invade Kenya and capture its capital city, Nairobi.

“It wouldn’t take us, my army and me, 2 weeks to capture Nairobi,” he said.

Muhoozi, however, later withdrew his threats and said that he had no plans to attack Kenya after his father advised him against making such a move.

“I would never beat up the Kenyan army because my father told me never to attempt it! So our people in Kenya should relax,” Muhoozi tweeted.

His tweets caused a spur on social media between Kenya and Uganda after he also said former President Uhuru Kenyatta would have won the presidential elections had he offered to vie for a third term.

Kainerugaba said Uhuru had all the trappings he needed to seal the win but he squandered the opportunity.

“My only problem with my beloved big brother is that he didn’t stand for a third term. We would have won easily!” he said.

His father President Museveni criticised him for his utterances saying it was not correct for his son to utter such remarks.

“I ask our Kenyan brothers and sisters to forgive us for tweets sent by General Muhoozi, former Commander of Land Forces, regarding the election matters in that great country.

“It is not correct for public officers, be they civilian or military, to comment or interfere in any way, in the internal affairs of brother countries,” he said.

“The only available legitimate forum is the Peer Review Mechanism of the African Union or confidential interactions among us or EAC and AU fora, not public comments.”

After the apology, Museveni later promoted Muhoozi from commander of the Uganda People’s Defence Force to full general. The Star (Kenya)

Neymar: Brazil Forward Faces Call For Five-year Prison Term Over Transfer To Barcelona

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NEYMAR: BRAZIL FORWARD FACES CALL FOR FIVE-YEAR PRISON TERM OVER TRANSFER TO BARCELONA

A Brazilian investment firm has called for Neymar to face a five-year prison sentence when he stands trial next week on fraud and corruption charges relating to his transfer to Barcelona from Santos in 2013.

DIS, which owned 40% of the rights to the Brazil forward at the time, argues it lost out because the transfer fee was undervalued.

Neymar, 30, has denied the allegations but lost an appeal in Spain’s High Court in 2017, leading to the trial being brought by Spanish prosecutors.

The Paris St-Germain player will have to appear in-person for the first day of the trail in Barcelona on Monday, the court said, but it is unclear if he will be asked to stay for the entire hearing that could last two weeks.

The other defendants are Neymar’s parents, the two clubs, former Barcelona presidents Josep Maria Bartomeu and Sandro Rosell, and former Santos president Odilio Rodrigues.

Rosell has also previously denied any wrongdoing.

In a statement, Baker McKenzie, the lawyers representing the Neymar family, claimed that Spanish courts “lack jurisdiction to prosecute the Neymar family and their company N&N” because the acts were committed by Brazilian nationals outside Spanish territory.

They also point out that the alleged crimes are not punishable in Brazil.

DIS acquired a percentage of Neymar’s rights when he was 17, in exchange for 2m euros.

Barcelona said at the time of Neymar’s move that the transfer fee was 57.1m euros, of which 40m euros was paid to his family.

The investment firm received a 40% share of the remaining 17.1m euros that was paid to Brazilian club Santos.

“Neymar’s rights have not been sold to the highest bidder,” DIS lawyer Paulo Nasser told a news conference in Barcelona on Thursday. “There were clubs that offered up to 60m euros.”

As well as the five-year jail term demand, DIS is also requesting prison sentences for Rosell and Bartomeu, and a 149m euros fine.

Spanish prosecutors want a two-year prison term for Neymar and the payment of a 10m euros fine and a five-year jail term for Rosell, plus an 8.4m euros fine for Barcelona.

Baker McKenzie’s statement added that the Neymar family have been charged with “corruption between private individuals” which applies to “competition of products and services between companies” whereas Neymar “is not a service or a commodity”.

Finally, the statement added that the transfer had not broken any Fifa rules. [BBC News]

Daddy please wake up, people will think you are serious, cries Brighton Sinkala’s daughter

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Daddy please wake up, people will think you are serious, cries Sinkala’s daughter

AS hundreds of sombre-faced mourners filed past and paid their last respects to late comedian Brighton Sinkala at the Chainama SDA in Church in Lusaka, grief came to its climax as his young daughter wept and pleaded with him to wake up otherwise people would believe he had really died.

Sinkala, a comedian of national repute as well as a health educator who worked for the Ministry of Health, died in a road traffic accident in Kabwe on Sunday.

He has been put to rest at the Lusaka Memorial Park this afternoon.

The 53-year old’s burial was preceded by a funeral service at the Chainama Seventh Day Adventist Church where he was a deacon and his wife Anne, a Dorcas worker.

During his life, Sinkala’s presence mostly meant only one thing – plenty of laughter.

But today was quite different, as pall bearers wheeled in his body, sorrow enveloped the atmosphere although there was one or two moments of giggles when those who spoke during the funeral service reminded the gathering of some of Sinkala’s funny moments.

Hundreds of people Sinkala had touched, turned up and filled the church to overspilling capacity taking up even the church’s floor space for sitting.

Those without seats were prepared to be scorched by the sweltering heat as they followed proceedings from outside but eventually got their chance to file past Sinkala’s casket to pay their last respects.

Grief reached its climax when family members stood up to pay their last respects.

Widow Ann who needed walking aid led her three children wept before the brown casket clothed in decor of flowers containing his body.

After, the SDA leadership had offered the last prayer for the family and the deceased, his young daughter broke into heart-sinking wail pleading for her father to wake up otherwise people would believe he had died.

“Daddy, look at all these people. Daddy wake up, people will think that you are serious and they will bury you,” she wept!

PHOTO: Sinkala’s wife and children pay their last respects.

By Moses Makwaya

Kalemba

There Should Be No Elections In Kabushi, Kwacha Without The Bulldozer And Bonanza- Dr Fred M’membe challenges UPND

THERE SHOULD BE NO ELECTIONS IN KABUSHI, KWACHA WITHOUT THE BULLDOZER AND BONANZA

…..defeat them through the ballot since you claim to be popular, Dr Fred M’membe challenges UPND

Ndola….Thursday, October 13, 2022 (Smart Eagles)

They (UPND) know that they do not stand a chance of winning Kwacha and Kabushi if Hon Bowman Lusambo and Hon Joe Malanji are on the ballot, Dr Fred M’membe has said.

Leader of the fastest growing Socialist Party Zambia (SP) has slammed the Electoral Commission of Zambia (ECZ) over the stance they have taken in the by election to be held in the said constituencies.

The opposition leader said no election should be held in the two constituencies without the “Bulldozer” and “Bonanza” on the ballot.

Dr M’membe has since asked ECZ to reverse its decision.

“We ask ECZ to reverse the decision they have made. If they cannot comply with the provisions of our Constitution, demand that they resign from their posts instead of setting the country on fire,” he said in an interview.

“No elections should be held in Kabushi and Kwacha without fresh nominations. It is lawlessness and contempt of court for the ECZ to proceed to conduct elections in Kabushi and Kwacha when there are active court processes relating to the same issue. They know that they do not stand a chance of winning Kwacha and Kabushi if Mr Lusambo and Mr Malanji are on the ballot, hence this desperation to exclude these two from the ballot.”

The SP President however wondered why the UPND, which claims to be popular in both constituencies, cannot just defeat the duo in the ballot.

“But should we destroy the institution credibility for both ECZ and Judiciary just to punish these two individuals. Why not defeat them through the ballot if the UPND is popular as they claim in these two constituencies,” he wondered.

“Mr Hakainde Hichilema and the UPND, we are wondering where they are taking this country. Muletutwala kwisa? Please stop trying to destroy the credibility of the institutions. You were elected to rebuild, not to worsen the standing of ECZ and the judiciary in the eyes of the public.”

Commenting on the role of the Attorney General, the opposition leader said it is very clear that he was not defending public interest regarding the matter in question.

Dr M’membe charged that the Attorney General is defending the interests of the ruling party.

“They seem to have decided that they would rather have no elections in both Kabushi and Kwacha than allow the courts to pass verdict that would pave way for Mr Malanji and Mr Lusambo to stand in by election. This is not acceptable,” he said.

Enock Mwepu’s Case Study… Making Your Life Count with Dr Humphrey Mutiti

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Enock Mwepu’s Case Study… Making Your Life Count with Dr Humphrey Mutiti

THE news of Enock Mwepu’s sickness hit all of us hard and below the belt. We were all devasted when this sad news was published. “Enock Mwepu has been forced to retire at the age of 24 as he has been diagnosed with a hereditary heart condition. Subsequent tests have discovered a hereditary heart condition which means that Mwepu will have to retire from the game.”

Brighton confirmed: “The condition, which can worsen over time, would put Enock at an extremely high risk of suffering a potentially fatal cardiac event if he were to continue playing competitive football.” Part of the statement read.

Enock has made all of us proud as a nation. He has exemplified us as well. He was just in the prime of his football career and then the sickness interjected. What has happened to him can also happen to all of us. You see, God has blessed all of us in different ways. He has blessed some of us with good legs for football, good eyes to weld, good hands to do art, to play volleyball or basketball or a good voice to sing. To others, God has given them the brains to innovate, lead, do engineering, and work as medical Doctors, and lawyers and He has also blessed others to be Pastors, carpenters, and plumbers and the list is endless.

The sad story is that probably before even Enock made the public announcement, his football club had already replaced him. No man cannot be superseded. Life sometimes is unfair.

Whichever way the Lord has wired us, I propose that it’s important for each one of us;

Maximise Our Potentials In Our Prime Times.
We must spread our wings, create more avenues for our incomes, go back to school and further our studies, and do farming or business if we can because we don’t know what tomorrow has for us. Don’t fall in love with clubbing, suits, shiny shoes or clothing fashion. Invest your income wisely.

Add More Trades To Your Qualifications.
Even if you have a secure job or pensionable one, you must never forget that tables may turn around tomorrow. Life and people change either for the good or bad. If you are a pastor, don’t just have a PhD in Theology. Study also many other things for your trade. Study something you can fall on in the event you are kicked out of ministry. Bishops and General overseers are also human and can tomorrow fire you or retire you without giving it a second thought.

If You Are A Civil Servant
Spread your wings, and make more legitimate avenues for your income. Some positions you occupy are political and anytime you can relinquish your job.

Invest In Real Estate Business If You Can
It pays off well. It is foolish to be driving the most expensive car in town when you are a tenant. It is madness to be having a very expensive phone when you have no place to call your own. Buy land, build houses and you will never regret or fall into depression.

Be Yourself
Purpose to be yourself and stay in your lane. Be content with who you are. Remain humble.When God lifts you, don’t start quoting your salary in dollars, pounds, euros, and thousands of kwacha, never forget where God picked you from.

Lift Others
God lifts us to lift others. He blesses us to make us a blessing to others. Wherever God takes you, help create opportunities for others.

As I conclude, legs, eyes, hands and the brains God has wired us with can one day fail us.There is no point in living your life to prove to the world that you are financially stable. Just live your life and secure the inheritance for your children.I pray that God gives Enock the right manager to help him invest wisely. I pray that one day God will heal him and bring him back to play soccer. Long live Enock long live!

Biography
Dr. Humphrey Mutiti is a Pastor, conference speaker, instructor, and a lecturer at Great Commission Theological Institute, an author of several books, has a Ph.D Doctorate in Theology, a Ph.D Doctorate in Ministry and a student in the School of law.Facebook page: Dr. Humphrey Mutiti, email: mutitihumphrey@gmail,

EU will support legislative efforts to abolish death penalty – Hanses

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EU will support legislative efforts to abolish death penalty – Hanses

By Kombe Chimpinde Mataka

EUROPEAN Union head of delegation to Zambia and COMESA Bruno Hanses says the EU will support legislative efforts in abolishing the death penalty in Zambia.


During the 20th World Day against
Death Penalty commemoration yesterday, Hanses said said total abolition of the death penalty was crucial.
Zambia currently has 257 people on death row as of 2021.
“A total abolition is therefore crucial in order for Zambia to comply fully with its international obligations regarding the
right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment,” Hanses said.
“Since Africa Freedom Day in May this year, this is no longer a vision, but a clear and promising opportunity for change at the
horizon.”


He said he was privileged to be in Zambia at a time when the country had become a role model for progressive transformation in terms of human rights.


“The next step for Zambia would be to join 22 other African countries and a growing number of countries worldwide that have
already abolished the penalty by law,” he said. “The government and the people of Zambia should never feel alone in their struggle for improved and a better life because human rights and public sector reform are key priorities in the EU-Zambia
partnership.”


Hanses said EU and Germany was spending 26 million euros on a project called EnACT, Enabling Access to justice, Civil society
participation and Accountability.


“Among other objectives, the EnACT support targets the participatory and evidence based reform of legislation and policy, including
the Penal Code and the Criminal Procedure Code,” Hanses said.


He said EU would support Zambia to make necessary legislative amendments directed at abolishing the death penalty, with the hope
that this would be done by the 2023.


Hanses said that as long as the death penalty remained it contravened not only the right to life but also the right to live free from torture or cruel, inhuman or degrading treatment or
punishment.


He said the death penalty did not deter crime and that its abolishment does not lead to increase in crime.
“We all know that in the most secure justice systems mistakes can happen. In this case, any error could lead to irreversible
consequences at the expense of human life. In Zambia‘s case, where no executions have been carried out since 1997 such a risk remains low. However a risk that does remain present, is the risk for torture,” he said. “Let me explain. There is a growing international acceptance of the principle that torture is inherent to the death penalty process. For
example, you could consider that the death row, through prolonged isolation is a form of cruel and inhuman punishment, comparable to torture.”


Justice minister Mulambo Haimbe said the abolishment of the death penalty must go hand in hand with higher level of vigilance and professionalism in law enforcement from a preventative rather than reactive perspective.
“The review of these two pieces of legislation include the alignment of the law with international conventions. The bills once finalised are expected to be presented for consideration before parliament,” he said.

Haimbe said the government’s commitment
to abolishing the death penalty is anchored on the conviction towards protecting the sanctity of life and should not be taken as trivialising the suffering of victims of capital offences.


And Human Rights Commissioner Emmanuel Chikoya said the HR
fully supports the recommendation of various stakeholders through a consultative process undertaken by the government through the Law Development Commission to review the mandatory death sentence for capital offences, murder and aggravated robbery as provided under the Penal Code and Criminal Procedure Code.


“The Commission is therefore looking forward to the enactment of the
reviewed Penal Code and Criminal Procedure Code which will enhance
the protection of human rights,” he said


Fr Chikoya however said the Commission wanted a law to criminalise torture.
“It is regrettable that despite ratifying the United Nations convention against
torture and other cruel, inhuman or degrading treatment or punishment
in 1998, Zambia has not yet domesticated the convention,” said Fr Chikoya. “It must be noted that although torture and other forms of ill-treatment are expressly prohibited under Article 15 of the Constitution, the constitutional provision cannot be invoked
because of lack of enabling legislation that criminalises torture.”

ZAMBIA WILL RISE FROM THE ASHES & BECOME A TRUSTED INVESTMENT PARTNER AGAIN

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ZAMBIA WILL RISE FROM THE ASHES & BECOME A TRUSTED INVESTMENT PARTNER AGAIN

Finance and National Planning Minister Dr. Situmbeko Musokotwane, MP, says Zambia is on course in her quest to resolve the crippling debt crisis so as to create conditions required for enhanced local and foreign investments, faster economic growth, jobs for the youths, and the needed sustained wealth creation to enhance the country’s capacity to repay creditors.

Dr. Musokotwane has re-affirmed the common framework for debt treatment as the most practical solution available under the country’s circumstances in resolving the crisis and facilitate conditions required for enhanced local and foreign investments, faster economic growth, jobs for the youths, and the needed sustained wealth creation to enhance the country’s capacity to repay creditors.

“For us, it is important that we pay what we owe,” said the Minister who was speaking at an investor seminar dubbed, ‘Zambia: delivering medium-term fiscal and debt sustainability.’

The seminar was organised by JP Morgan (a global leader in financial services offering solutions to the world’s most important corporations, governments and institutions) on the sidelines of the ongoing ANNUAL MEETINGS OF THE INTERNATIONAL MONETARY FUND AND THE WORLD BANK GROUP, in Washington DC, United States of America.

The Minister told the gathering, whose count was over a hundred (100) persons, that having acquired assurances from official creditors, a follow-up meeting will soon be convened to explore the signing of a memorandum of understanding on debt restructuring – which anticipated outcome he described as an opportunity for Zambia “to rise from the ashes” and become a trusted global investment partner, again.

Dr. Musokotwane says the support from the World Bank targeted at Zambia’s agriculture development initiatives creates an enabling environment for local and foreign investors to venture into export agriculture and make the country part of the solution to world hunger.

During the question and answer session, the Minister took the opportunity to explain that the mine tax related proposals in the 2023 National Budget Speech aim at aligning the country’s mine-tax regime to the global standard – especially mine tax regimes of other competing jurisdictions, adding that, the measures will encourage mine-exploration activities, growth of the industry and value addition.

Among the meetings that the Minister’s delegation will attend on Thursday, 13th October, 2022, at the ongoing annual meetings of the IMF and World Bank Group, are the following:

1) IMF Monetary and Capital Markets Department bilateral meeting;

2) Multilateral Investment Guarantee Agency (World Bank) bilateral meeting;

3) Seminar on Enhancing Domestic Resource Mobilisation Through Meaningful Citizen Participation Under The African Continental Free Trade Area (AfCTA) And Equitable Resource Allocation;

4) The Introductory Session of the International Monetary and Finance Committee (IMFC) – the highest organ of the IMF;

5) US Department of Treasury bilateral meeting; and,

6) World Bank Africa Group 1 Constituency Meeting.

The Annual Meetings of the International Monetary Fund and the World Bank Group bring together Ministers of Finance, Central Bank Governors, Investors, and several other stakeholders to a common space to discuss and agree on solutions to the challenges facing the global economy such as low commodity prices, unstable macro-economic environment’s, low investments, and debt.

Dr MUSOKOTWANE is accompanied to the meetings by Secretary to the Treasury FELIX NKULUKUSA, Permanent Secretary (Budget & Economic Affairs) MUKULI CHIKUBA, Bank of Zambia Governor Dr DENNY KALYALYA and the Bank of Zambia Deputy Governor, Dr FRANCIS CHIPIMO.

CREDIT : MINISTRY OF FINANCE AND NATIONAL PLANNING

“ECZ UNDER INSTRUCTION FROM STATE HOUSE NOT TO ACCEPT NOMINATION OF PF CANDIDATE IN LUSANGAZI COUNCIL CHAIR BY ELECTIONS,”- NAKACINDA

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“ECZ UNDER INSTRUCTION FROM STATE HOUSE NOT TO ACCEPT NOMINATION OF PF CANDIDATE IN LUSANGAZI COUNCIL CHAIR BY ELECTIONS,” NAKACINDA

Smart Eagles. Thur , Oct 13 , 2022

The Patriotic Front says it is aware of an instruction from Statehouse to ECZ that they reject the PF candidate Mr Patrick Banda’s nomination for the forthcoming Lusangazi Chairperson by elections .

Nominations are taking place today and the PF is scheduled to file in their nominations with their candidate this afternoon.

But the PF has reveled that they have information that Statehouse or Community house has instructed that Mr Banda’s nomination be rejected on a flimsy ground that there is a matter involving him in the subordinate courts .

Speaking to the Press in Lusangazi this morning, PF information Chairperson Hon. Raphael Nakacinda said it is unfortunate that the UPND government is working hard to embarras an important institution like ECZ by using them to advance their political interests.

Nakacinda says the PF will not tolerate the level lawlessness that is being perpetrated by ECZ on instructions from State / Community House stating that the matter they want to heap on the PF candidate is irrelevant because a person at law in Zambia is innocent until proven guilty .

“Zambians you know what this man has been through . We brought it to your attention that some aides of the President . His political adviser among others tried to smuggle this man into Lusaka and offered him 150,000 and position as DC if he resigned on PF ticket . It all failed, “

“Now they are planning to prevent him from contesting but it won’t work. We have come prepared for them with our lawyers. We hope ECZ can begin to do the right thing and not act like a brunch of UPND . Non of their gimics will work even if they send their surrogates like Chipenzi . We are ready for them , ” Nakacinda said .

Hon. Nakacinda has since appealed to the People of Zambia to stay woke as UPND is trying by all means to plunge the nation into chaos .

Smarteagles2022

UPND STOP ABUSING OUR COURTS- Dr Fred M’membe

UPND STOP ABUSING OUR COURTS

What we clearly see is the abuse of our court process by those in power today, one that the judiciary itself is perpetuating. For example, the matter between Mr Sinkamba and Mr Mwanza versus the ECZ was already argued. Why did the Concourt allow the State to join the matter at the 11th hour when the court was set to deliver judgement? Where was the State all along or when the matter was filed and argued?

The reason why the UPND is running from one court to another seeking to delay the delivery of any judgment that may go against them is that any cancellation of the earlier nominations in Kabushi and Kwacha would provide the opportunity for Mr Lusambo and Mr Malanji to file their nominations, since, in the wake of the earlier ConCourt judgment on their matter, nothing now stops them from doing so if fresh nominations are called

We urge our judges to refuse to be abused in this way. Let all the judges in the judiciary know that the best way of securing their credibility and the credibility of the judiciary itself is by dispensing justice in a timely manner and in accordance with the law. It is not by taking sides that appease one political group or another, be it those in government or those in opposition. The UPND and their supporters are quick to condemn the ConCourt when it suits them and similarly are quick to abuse the same judges again when it suits them.

We ask the UPND to stop abusing the ECZ and the justice system all in an attempt to block Mr Lusambo and Mr Malanji from standing. Yes, there are loopholes in our electoral laws but until the relevant law is changed, Mr Lusambo and Mr Malanji have the right to benefit from those loopholes. It is not the job of the UPND to determine who should lead our people. The job of the party in power is to deliver what they promised people when they were in opposition and hope that voters will reward them at the ballot. Mr Hakainde Hichilema and your UPND, please stop destroying the credibility of our institutions. You were elected to rebuild, not worsen, the standing of ECZ and the judiciary in the eyes of the public.

Dr Fred M’membe
President of the Socialist Party Zambia

Baby Python In Staff Toilet Helps Secondary School HOD To Learn Tongues In Western Province

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BABY PYTHON IN STAFF TOILET HELPS SECONDARY SCHOOL HOD TO LEARN TONGUES IN WESTERN PROVINCE

A renowned Head of the Social Sciences Department at a named secondary in Western Province has remained the talk of the day after her encounter with a baby python in the staff toilet which left her speaking in uknown tongues.


According to information shared by Barotseland Breaking News, Madam Juliet Namakau a 45 year old female English/RE Teacher heading the social sciences, around 10:00 hours yesterday Wednesday, majestically walked into the staff toilet with her expensive braids, heels and specs on.


A few minutes later, she was heard shouting in all kinds of languages including one which was similar to that of fake prophets, she cried on top of her voice, shouting madly from fuseki, get out, shhuu to poposika leke. The noises in the toilet forced her best friend who is commonly known as Maama by fellow teachers to go near.


Maama did not even take time to see what scared her friend but scampered for her life leaving the wig and left shoe at the door way of the toilet. When other female teachers saw Maama running like she had escaped from a lion’s teeth, they also joined the race and some reportedly jumped off the fence to save their lives.


The scampering and noise of the female teachers reached the ears of the Natural Sciences HOD, Mr. Malama, who was with two other science teachers Mr. Sikena and Mr. Chella in the lab to come out and check what was going on.


When Mr. Malama heard the voice of the colleague he pushed the door to the toilet open and found her frozen on the toilet pan with the baby python in front of her. Mr. Malama allegedly killed the python mercilessly without looking at it as his attention was captured by the sight of the colleague frozen on the toilet pan.


Meanwhile, the snake was killed and chemicals have been sprayed to kill and chase snakes from the school premises. However, the news has gone viral after being shared across the country.

HH implores the Namibian and Zambian business leaders to view their governments as partners in development.

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HH implores the Namibian and Zambian business leaders to view their governments as partners in development.

Fellow citizens,

We were delighted to have officiated at the 2022 Swakopmund International Trade Expo (SWAiTEX), in Swakopmund, Erongo Region of the Republic of Namibia.

We conveyed our profound gratitude to His Excellency Dr Hage Geingob, President of the Republic of Namibia for inviting and hosting us in the iconic Tourist City of Swakopmund.

The presence of both government and private business leaders at the Expo underscores the two nations’ desire to streamline and reduce unnecessary bureaucracy on matters of Trade and Investment between our Governments and the Private Sector of our two Countries and the Region.

We thanked the Namibian Government and the people for availing Zambia the Walvis Bay Dry Port, that has made it easier for our country to diversify our trade routes.

We implored the Namibian and Zambian business leaders to view their governments as partners in the development agenda as they share the same vision of serving their local populations by uplifting their standards of living. We encouraged them to ensure that their businesses were interwoven by forming joint ventures with the local population, in order for them to receive the necessary support and solidarity.

We are here to market Zambia as well.

Hakainde Hichilema,
President of the Republic of Zambia.

Chapter One Foundation Press Release On The Decision Of ECZ To Proceed With Elections In Kwacha And Kabushi Constituencies

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CHAPTER ONE FOUNDATION PRESS RELEASE DATED 12TH OCTOBER 2022 ON THE DECISION OF THE ELECTORAL COMMISSION OF ZAMBIA TO PROCEED WITH ELECTIONS IN KWACHA AND KABUSHI CONSTITUENCIES

Chapter One Foundation promotes and protects human rights, social justice,
constitutionalism, and the rule of law in Zambia, primarily through public interest litigation, advocacy, and capacity building. Our aim is to promote and protect the Constitution and the rights included in it and by so doing, free the space for Zambians to fully participate in the
democratic governance of their country.

We note with concern the decision of the Electoral Commission of Zambia (ECZ) to proceed with the byelections in the Kabushi and Kwacha constituencies despite the fact that there is still an ongoing court case in which the occupancy of the seat is in question.

The ECZ has that the reason for this decision is the fact that the Constitution requires a byelection to be held within 90 days of the occurrence of a vacancy in the office of Member of Parliament.

In arriving at its decision to stay the elections, the High Court was aware of the requirement that a by-eection be held within 90 days of a vacancy. The Court addressed its mind to this requirement and decided that the elections be suspended/stayed until the determination of the matter before it.

To our knowledge, the stay ordered by the High Court, as correctly cited by the Commission, has not been discharged. Subsequently, the decision by the ECZ to proceed with the by-election is not ony presumptuous as to the outcome of the court case but is all in direct contravention of a court order. This is subsequently a violation of the rule
of law.

In our democracy, the courts wield the sole power to interpret and enforce theprovisions of our Republican Constitution. While institutions such as the Electoral Commission of Zambia
have Constitutionally defined powers, these must always be exercised within the limits of the law.

In this case, the power of the Commission to appoint a date for the Kabushi and Kwacha by-elections has been suspended by the High Court through a legal and legitimate process.

The Electoral Commission of Zambia is established to implement the electoral process and conduct elections. In carrying out its constitutional mandate, it is imperative that the Commission inspires confidence in the integrity of the electoral process.

The integrity of the Electoral Commission of Zambia and confidence the public has in its operations are dependent on the sagacity it exhibits in such situations. In addition, the Commission is obligated to ensure that the electoral process is free and fair.

Fairness includes abiding by the
orders of constitutionally established Courts and in so doing, promoting the rule of aw. The fate of our democracy is dependent on the way election administrators manage the various
interests at play.

When democracy and the rule of law win, the people of Zambia emerge victorious.

Linda Kasonde

Executive Director

HH AIDES INVOLVED IN CORRUPTION…if ACC doesn’t know, they’re not up to the challenge – M’membe

HH AIDES INVOLVED IN CORRUPTION
…if ACC doesn’t know, they’re not up to the challenge – M’membe

By Fanny Kalonda

WE know of the corruption involving some of the Presidential aides at State House, says Socialist Party president Fred M’membe.
He also wonders if UPND officials suing government for malicious imprisonment or wrongful prosecution that occurred under the PF is not a form of organised looting of state resources.
“Can the current ACC director general [Gilbert Phiri] sanction the investigation of Maurice Jangulo’s company in relation to the procurement of fertiliser when Maurice has strong ties to the appointing authority, with whom the DG has very close client-patron ties stemming from their time in opposition? Is it any wonder that the ACC has never found any single case of corruption in this government? We know of the corruption involving some of the presidential aides at State House. If the ACC does not know, then they are simply not up to the challenge,” Dr M’membe said. “If they know, how come they have not summoned those involved for interrogation? The only time the ACC should be taken seriously is when they start to touch members of the inner circle of this government. Look at the contradictions coming from the Attorney General’s office on the honeybee scandal! Why isn’t the ACC getting involved in this matter? Isn’t it because some of the culprits involved in the behind the scenes negotiations pertaining to honeybee are their colleagues at State House, even though some praise singers will falsely claim that it is actually State House that blocked the payment to honeybee?”
And Dr M’membe noted that appointing party functionaries to important government positions that require independent minded professionals is not a small matter.


“In March 2022, 15 UPND cadres who were accused of burning Lusaka’s City Market took the State to court demanding K8 million in compensation for false imprisonment and malicious prosecution. In May, a UPND cadre who was accused of attempting to assassinate former president [Edgar] Lungu sued the State demanding compensation for false imprisonment and malicious prosecution amounting to K5 million. There are other suits too numerous to mention but the ending has usually been the same: consent judgments between the suing parties and the Attorney General followed by payment of huge sums of money from the treasury to those that had sued,” he noted in a statement. “Why is the Attorney General Mulilo Kabesha, who himself has known ties to the UPND, eager to award huge monetary damages through consent judgments to UPND members in all cases where such members, represented by UPND aligned lawyers, have sued the state for malicious imprisonment, unlawful detention or wrongful prosecution that occurred under the PF? Isn’t this a form of organised looting of state resources? What is preventing the Attorney General from defending public interest by way of allowing these cases to proceed to trial where the petitioners’ claims can be put to the test or challenged? How does the public even know with certainty that these claimants exist and that they are not hired people masquerading as UPND cadres who are being used to reward party cadres or mobilise financial resources for the party?”


Dr M’membe wondered if the UPND was indirectly fundraising for the party or empowering its cadres using state resources.
“Where is the new dawn they keep singing about? How different is this organised banditry from what the PF did with Lewis Mosho over the Shoprite case? Those who have followed these cases may note that so many have been filed, but usually only one at a time. A new one is only started after the existing case has been disposed of via a consent order. To our knowledge, not a single one of these cases has ever gone to trial. Why? Is the UPND indirectly fundraising for the party or ‘empowering’ its cadres using state resources?” he asked.
Dr M’membe said the UPND is doing the same thing that PF did of appointing party loyalists to key government positions “but trying to make it appear that they are hiring non-partisan professionals not aligned to the party which is a merely a smokescreen”.
He cited home affairs permanent secretary Josephs Akafumba “who was implicated in a telephone scandal in a matter that involved the interests of the UPND as party and which had nothing to do with public interest”.


“It has been nearly 10 months now! Or is the Inspector General of Police waiting for members of the public to share their findings on the case before Mr Lemmy Kajoba can claim credit and praise himself?” he wondered. “There is a wider lesson here: the cost of appointing party loyalists to key government positions, the same thing that happened under the PF. The only difference is that the PF were more transparent about this practice. The UPND is doing the same but make it appear like they are hiring non-partisan professionals who are apolitical or not UPND aligned. This is merely a smokescreen. Like the PS without portfolio Patrick Mucheleka at Cabinet Office, Levy Ngoma, the Special Assitant to the President for Political Affairs, holds a position in the UPND leadership. How can these civil servants be expected to rise above their party interests in cases where these are threatened? Is it surprising that Levy, alongside the home affairs PS Josephs Akafumba, was implicated in a telephone scandal in a matter that involved the interests of the UPND as party and which had nothing to do with public interest?” he asked. “And even when the public complained about Levy’s conduct and abuse of state resources to advance the interests of the UPND nothing happened to him because he was as he said in the leaked audio, acting in furtherance of the interests of the ruling party and on the instructions of his principal.”


Dr M’membe also wondered how oficials appointed from the party can be expected to retain fair or independent judgment and defend public interest in matters that involve or affect UPND members.


He cited the current Minister of Justice Mulambo Haimbe who he says sounds like a UPND secretary general whenever he speaks on issues of public interest that affect his party.


“The issue we raise of appointing party functionaries to important government positions that require independent minded professionals is not a small matter. It is an important issue that is likely to assume even greater significance when appointments to the office of the Director of Public Prosecutions and the leadership of both the civil service and the Electoral Commission of Zambia are made. Those in doubt that party functionaries will likely be appointed to these positions should wait for the long delayed but imminent announcement of the new DPP, ECZ CEO, ECZ chairperson and deputy chairperson and Secretary to Cabinet,” he said. “When one looks at positions such as Special Assistant to the President for Legal Affairs, Minister of Justice, Attorney General, Solicitor General, ACC Director General and even Speaker of the National Assembly, they will realise that these public positions are all filled with individuals who are linked to the UPND and possibly members. How can these be expected to retain fair or independent judgement and defend public interest in matters that involve or affect UPND members? Can these officials really rise above their possible partisan interest and allegiance to the UPND since its potential loss of power would denote their own removal from these positions?”


Dr M’membe said the country has been duped as the people in power are not who they claim to be.
“Some of these officials we have mentioned above run law firms that are still doing business with government. Like their principal who has not only refused to publicly reveal his assets and declarations in the spirit of transparency but made it clear that his businesses are still doing business with the government, they don’t see any conflict of interest in their dealings. Take the current cases, for example. Those suing the State for malicious or wrongful prosecution are UPND cadres. Those representing the litigants are lawyers connected to the UPND. Those who have the responsibility to put up a fight on behalf of the state and in defence of public interest are connected to the UPND. Those deciding the huge amounts to be awarded to the petitioners are officials connected to the UPND,” Dr M’membe noted. “Doesn’t a consent order in this case benefit everyone involved: the cadres, the lawyers, the officials, and indeed the party, if some of these resources end up there? We are not saying those suing have no case. We are asking a simple question: can these officials really vigorously defend public interest against the ruling party members making the claims, even if these cases go to trial?”


Dr M’membe added that even some civil society who criticised the previous administration are serving in government bodies.
He said with food in their mouth, they can no longer speak but whenever they speak, it is to lead the praise of the new government.
“Zambia, we have been duped! These people in power today are not who they claim to be. They say one thing in private and another in public. They are wolves in sheep’s skin. The other problem is that many in civil society have been co-opted. With the exception of one or two people such as Brebner Changala, John Sangwa and Archbishop Telesphore Mpundu, those from civil society who held to account or criticised the excesses of the previous administration are now serving in government bodies,” he said. “With food in their mouth, they can no longer speak. Whenever they speak, it is to lead the choir of praise in such sycophantic fashion that they end up doing a disservice to those they support. Since they are incapable of embarrassment, one can only be embarrassed on their behalf. It is sad to see people with previously illustrious careers in civil society reduced to the role of praise singers.”


Dr M’membe said the same problem of co-optation is noted in relation to Zambia’s public intellectuals.
“In Zambia, intellectuals have been frustrated by poor conditions of service and their expertise has generally remained unsolicited and often underutilised. This may explain the extreme penchant, among our intellectual elite, for opportunism and willingness to be silenced in return for an appointment on a government board. So, when a few stand out and condemn injustices, that is worth celebrating,” he said.
He noted that before 12 August 2021, there were several intellectuals who risked their careers and even lives to express outrage against the many wrongs that were happening under the PF government.

BA HH, UPND MULETUTWALA KWISA? …why destroy the credibility of ECZ just to fix Lusambo and Malanji?- Dr Fred M’membe

BA HH, UPND MULETUTWALA KWISA?
…why destroy the credibility of ECZ just to fix Lusambo and Malanji?

The Electoral Commission of Zambia (ECZ) has announced that the Kabushi and Kwacha parliamentary by-elections will be held on 21 October 2022. The Commission has further stated that the campaign period in both constituencies will run from 11 to October. We find this move by the ECZ problematic for a number of reasons. And we ask the Commission to reconsider their decision.

First, following the earlier resignations of the two candidates in both Kabushi and Kwacha constituencies, which decisions were formally communicated to and acknowledged by the ECZ, it would be unconstitutional for the Commission to conduct elections in both constituencies without calling for fresh nominations. Article 52 (6) of the Constitution of Zambia provides that “Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations”.

This is the only provision that deals with the resignations of successfully nominated candidates. In both Kabushi and Kwacha, we had a candidate who resigned and the ECZ acknowledged receipt of their resignations. Once a candidate has resigned, the law requires the Commission to cancel the existing nominations, call for fresh nominations by eligible candidates and hold a new election within 30 days of the date of the new nominations. Indeed, this is what the ECZ has previously done. When a candidate belonging to the opposition UPP who had successfully filed nomination papers for the Kabwata by-election resigned, ECZ immediately cancelled the election and called for fresh nominations. When Ms Charity Lumpa who had successfully filed nomination papers for Lusaka Central resigned as an independent candidate prior to the 12 August 2021 election, the ECZ cancelled the earlier nominations and called for fresh ones.

Why is the ECZ abrogating the law and changing the precedent it has set when it comes to Mr Bowman Lusambo and Mr Joseph Malanji? And can the ECZ cite any law that empowers the Commission to proceed to conduct elections if a candidate who had resigned changes their mind after the Commission has even acknowledged receipt of their resignation? What the ECZ has done this time is lawless. The law requires the Commission to cancel the nominations and call for fresh ones only. There is no law that provides for a nominated candidate who has resigned to rescind their decision after resigning. After receiving the resignations of the two candidates, what the ECZ should have done is to call for fresh nominations from all eligible candidates. Anyone interested, including those who had resigned, would be free to file their nominations, if they are eligible to stand for the election.

What those who had resigned cannot do is to pull back their resignations and crawl back into the race. Nix! It does not work that way. This is not a game. It is not chidunyu where one can do whatever they like without any regard to the laws of the land. The decisions of the ECZ should always be based on the or backed by law. The ECZ should stop this lawlessness and do the correct, legal thing. We know they are under extreme pressure from the UPND, but if the three commissioners who made the decision – Mr Ali Simwiinga, Ms Ndiyoyi Mutiti and Maj Gen Vincent Mukanda Rtd – cannot follow what the law provides for, let them resign before they set the country ablaze.

Second, it is blatant lawlessness and contempt of court for the ECZ to proceed to conduct elections in both Kabushi and Kwacha when there are active processes relating to the same issue that remain before our courts of law. When a matter is in court, parties to the case cannot do some self-help measures outside the court process to correct the premise of the original dispute. That is lawless. As things stand, the ECZ’s hands are tied. Proceeding to hold elections in Kabushi and Kwacha before the matters that are in court are disposed of would amount to interfering in the court processes or in the matters that are before court. It actually amounts to contempt of court.

In the High Court, there is a case between Mr Lusambo and Mr Malanji and the ECZ that is yet to be determined. The judgment for this case was ready but moments before it could be delivered, the UPND rushed to the Court of Appeal to stop the Lusaka High Court from delivering the judgement. Why? It is possibly because the UPND may have learnt that the verdict was likely going to be in the favour of Mr Lusambo and Mr Malanji. Rather than facing the humiliation of losing to PF lawyers including Tutwa Ngulube, the Attorney General and his team appear to have decided that they would rather have no elections in both Kabushi and kwacha and deprive the people in these constituencies of representation in Parliament than allow the courts to pass any verdict that would clear Mr Lusambo and Mr Malanji to stand in the by- elections. But should the institutional credibility of both ECZ and the Judiciary be destroyed this way just to punish two individuals?

There is also an active case involving Mr Peter Sinkamba and Mr Isaac Mwanza versus the ECZ in the Constitutional Court. In the wake of the resignations of those two candidates from Kabushi and Kwacha, Mr Sinkamba and Mr Mwanza asked the Constitutional Court to order the ECZ to cancel the earlier nominations for both constituencies, call for fresh ones and organise a fresh election within the stipulated timeframe, as per the earlier cited provision of the Constitution. The matter was heard and the Concourt was supposed to deliver judgement on Monday this week, 10 October. But when the matter came up for judgement, the Attorney General applied to be joined to the case on the ground that it borders on public interest. Again, here, like was the case in the matter before the High Court, the UPND may have learnt that the verdict was likely going to be in favour of the petitioners and consequently moved swiftly to file an application that prevented the ConCourt from delivering judgement. Again, we ask: why this desperation?

The reason why the UPND is running from one court to another seeking to delay the delivery of any judgment that may go against them is that any cancellation of the earlier nominations in Kabushi and Kwacha would provide the opportunity for Mr Lusambo and Mr Malanji to file their nominations, since, in the wake of the earlier ConCourt judgment on their matter, nothing now stops them from doing so if fresh nominations are called. What we see here is the abuse of the court process by those in power today, one that the judiciary itself is perpetuating. The matter between Mr Sinkamba and Mr Mwanza versus the ECZ was already argued. Why did the Concourt allow the State to join the matter at the 11th hour when the court was set to deliver judgement? Where was the State all along or when the matter was filed and argued?

We urge our judges to refuse to be abused in this way. Let all the judges in the judiciary know that the best way of securing their credibility and the credibility of the judiciary itself is by dispensing justice in a timely manner and in accordance with the law. It is not by taking sides that appease one political group or another, be it those in government or those in opposition. The UPND and their supporters are quick to condemn the ConCourt when it suits them and similarly are quick to abuse the same judges again when it suits them.

It is also becoming clear that the Attorney General is not defending public interest in the matter of Mr Lusambo and Mr Malanji. He and his team appear to be defending the interests of the UPND. They seem to have decided that they would rather have no elections in both Kabushi and kwacha than allow the courts to pass any verdict that would pave the way for Mr Lusambo and Mr Malanji to stand in the by-elections. The UPND knows that they do not stand a chance of winning Kwacha and Kabushi if Mr Lusambo and Mr Malanji are on the ballot, hence this desperation to exclude the two from the ballot. But should we destroy the institutional credibility of both ECZ and the Judiciary just to punish two individuals? Why not defeat them through the ballot if the UPND is as popular, as they claim in these two constituencies? Not even Mr Edgar Lungu and the PF were so afraid of defeat that they excluded their political opponents from the ballot. Let Mr Lusambo and Mr Malanji stand. Defeat them fairly and through the ballot.

We ask the ECZ to reverse the decision they have made and wait for the active court processes to be completed. Destroying the credibility of this important institution just to disqualify Mr Lusambo and Mr Malanji is akin to shooting down an Airbus A380 plane carrying 853 passengers just to kill 2 people! We repeat: if Mr Ali Simwiinga, Madam Ndiyoyi Mutiti and Maj Gen Vincent Mukanda Rtd cannot comply with the provisions of our Constitution, we demand that they resign from their posts instead of setting the country on fire. No elections should be held in Kabushi and Kwacha without fresh nominations.

We also ask the UPND to stop abusing the ECZ and the justice system all in an attempt to block Mr Lusambo and Mr Malanji from standing. Yes, there are loopholes in our electoral laws but until the relevant law is changed, Mr Lusambo and Mr Malanji have the right to benefit from those loopholes. It is not the job of the UPND to determine who should lead our people. The job of the party in power is to deliver what they promised people when they were in opposition and hope that voters will reward them at the ballot. Mr Hakainde Hichilema and your UPND, muletutwala kwisa? Please stop destroying the credibility of our institutions. You were elected to rebuild, not worsen, the standing of ECZ and the judiciary in the eyes of the public.

Finally, we ask Mr Hichilema to appoint the substantiative leadership at ECZ so that they can in turn appoint the new CEO, as per the law. It is not healthy to our democracy and the strength of our formal institutions to leave such vital institution like ECZ being run by people on an acting basis. This leaves room for the manipulation of the ECZ that we continue to witness.

Dr Fred M’membe
President of the Socialist Party Zambia

Politicising the clear mandate of the ECZ is not helpful to the Electoral process

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Politicising the clear mandate of the ECZ is not helpful to the Electoral process

The setting of the date by the Electoral commission of Zambia (ECZ) to hold the halted KWACHA and KABUSHI parliamentary by-elections is timely to avoid a constitutional crisis in the country through unnecessary court cases just to ensure some individuals are in the ballot despite rejection of their nominations.

A mere court case/proceeding devoid of a stay/an injunction is not binding on the activities of an institution like ECZ.

The mere fact that there are multiple court cases going on in various courts against and by the ECZ and the mere lodgement of a case into court does not stop the ECZ from doing its normal functions unless the aim is to interfere with its mandate and lure it to commit the breach of the Constitution..

ECZ has a constitutional and legal mandate to discharge, manage and conduct elections in Zambia within 90 days not the court while the courts have the constitutional and legal mandate to hear and determine petiions against the ECZ regarding the conduct of nominations and elections.

A by-election is a mandate that it be held WITHIN 90 days and this 90 days cannot be stopped by a court from ticking, no unless and only through an amendment to the Constitution to vary the 90 days as put in the Constitution under computation of days.

The Constitution has put safetnets for the aggrieved persons to petition the ECZ after elections and not to stop the ECZ from carrying out its mandate.

I doubt any organ of the state has power to lure another state organ to breach the constitution to please individuals because any such act by any institution organ can be a recipe for organised bad precedent and chaos in the country.

Further, if the court is to take the line as argued some interested parties in this case, then those who rescinded their decisions while their case was in court are also in contempt of Court.

Why are those who want to create a constitutional crisis only concerned with the individuals whose nominations were duly rejected as per constitution and not the violation of supreme law of the land they are called upon to defend, resist from being violated, suspended, or overthrown by anyone or institution?

Let us protect the ECZ a and respect the law of the land and allow ECZ carry its mandate without politicising its mandate for one to be politically correct.

I SUBMIT

McDonald Chipenzi

There Can Be No Elections On The 21st Because Of The Stay That Halted The Elections- Tutwa Ngulube

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CONFUSION rocked social media yesterday after the Electoral Commission of Zambia (ECZ) allegedly issued two conflicting statements on the status of the by-elections in Kabushi and Kwacha.

The ECZ late yesterday issued a statement announcing the date of the by-elections in Kabushi and Kwacha despite the matter being active in court but later in the evening, a statement purported to have been issued by its commissioner Maj General Vincent Mukanda was issued disowning the earlier statement claiming that it was forged and should therefore be ignored.

Soon after the ECZ issued the statement announcing the date of the by-elections in the two constituencies, Tutwa Ngulube, the Patriotic Front lawyer declared that there shall be no by-elections in Kabushi and Kwacha constituencies and the ECZ had commit[1]ted contempt by purportedly announcing the date of the elections when the order of the stay that was granted by the High Court is still in force.

Mr Ngulube said the ECZ had created a constitution[1]al crisis and was living by it by calling for by-elections in the constituencies when the matter was still active in the courts. “I had said it that the ECZ had created a constitutional crisis and they are living by it. How can the ECZ order for elections when the matter is still active before the court? Which power is the ECZ using to order for the elections when there is an order for the stay? The order of stay was granted by the High Court and it is still in force. This is actually contempt. There will be no elections,” Mr Ngulube said.

But ECZ claimed that a statement signed its Commissioner Maj General Vinicent Mukanda rtd announcing the date of by-elections in Kabushi and Kwacha constituencies was fake and forged and should therefore be ignored.

Maj Gen Mukanda said he had not signed or issued any statement announcing the date for the by-elections in Kabushi and Kwacha constituencies because the matter was still active before the courts of law. Maj Gen Mukanda has instead accused some people within the ECZ of working with some Civil Society Or[1]ganisations (SCO) leader of forging his signature and that he had since engaged with the acting Chief Electoral Officer to check out the matter. Meanwhile, PF acting President, Given Lubinda said it was contempt of court for the ECZ to set the date of the by-elections for the two constituencies because the three matters relating to the Kabushi and Kwacha polls before the courts of law have not been concluded yet.

The matter before high court in which Bowman Lusambo and Joe Malanji are challenging the rejection of their nomination papers by the ECZ to contest the Kabushi and Kwacha has been stayed pending determination of the matter before the court of appeal. The other matter where Green Party president Peter Sinkamba and governance activist Isaac Mwanza want an order for fresh nominations before the constitution[1]al court comes up for hearing tomorrow. Mr. Lubinda said in an interview that the date set for the by-election in the two constituencies were not only null and void but a revolt against the courts because none of the matters have been settled in court.- Daily Nation

GENDER BASED VIOLENCE (GBV)- Dickson Jere

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GENDER BASED VIOLENCE (GBV)

By Dickson Jere

Few weeks ago – just before the abduction of 13 girls story broke out – we had an intense debate in class analyzing the gender based violence law in Zambia. In particular, we were looking at the provisions of the Anti-Gender-Based Violence Act No 1 of 2011. It is one of the most comprehensive statutes in Zambia.

You see, to understand any word or words in a statute, you must first go to the “interpretation” clause. That is where you get the answer and not what you think the word means. I know, in ordinary parlance, people always think gender based violence is that man slapping his wife and is taken to Victim Support Unit at the Police. No, read the Act. It is more than that. In fact, the Act has more detailed interpretation of the gender based violence.

Look at section 3 of the Act and the definition of gender based violence. It includes “violence that results in, or likely to result in, physical, sexual or psychological harm or suffering to the person, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”
Now, this definition is very thorough.

The law further defines “physical abuse” as “use of physical force against another person, including the forcible confinement or detention of another person and the deprivation of another person of access to adequate food, water, clothing, shelter, rest or subjecting another person to torture or other cruel, inhuman or degrading treatment or punishment.”

From these two definitions picked from the Act, you can now add the dots and see if the use of gender based violence was appropriate in relations to the abducted girls. Were they confined or detained? Physically abused? Sexually or psychologically? Threatened? Denied access to adequate food and water? Clothing?
I, for me one, think the President was right to use the term gender based violence given the wide definition which the statute provide.

By the way, section 2 of this Act has an “application clause” which states that gender based violence shall be tried or dealt with in accordance with the Criminal Procedure Code, Penal Code or any other written law. So even other Penal laws are taken on board under this law.
Very wide!

EXTRACTS FROM THE PRESIDENTIAL SPEECH AT SAMU LYA MOOMBA TRADITIONAL CEREMONY ON SUNDAY

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EXTRACTS FROM THE PRESIDENTIAL SPEECH AT SAMU LYA MOOMBA TRADITIONAL CEREMONY ON SUNDAY.

By Mastone Moonze.

During Samu Lya Moomba Traditional ceremony President Hakainde Hichilema made very key pronouncements that should keep officers in his government busy as the year is coming to an end.

-President Hichilema’s Speech in Monze was anchored much on dedication and patriotism when called to providing service for the country.

It was for this reason he called for outright dedication to duty amongst civil servants who were deployed to provide services in rural areas.

-The head of state reached an extent of cautioning some public workers that have deserted the rural areas for the urban due to none availability of basic amenities such as accomodation,electricity.

He said government will be forced to replace such public workers with other dedicated citizens that are looking for jobs if they continue staying away from the areas of deployment.

  • The President said the civil service should emulate the sacrifices made by the forefathers in ensuring that our country is liberated.

“Our freedom fighters went out of their way to have this freedom we are enjoying today,imagine if people like KK,Nkumbula had the same attitude of feeling working from the village would we have gotten this independence ” -HH

“They deserted their comfort zone ,leaving their houses to hide in the ND strategize house to deliver the independence which we are enjoying today ,I call for dedication among the civil servants” -HH

“Government is aware of the accomodation challenges but let’s leave with what we have because very soon houses will be built for our public workers in the villages.” – HH

-The President also assured the nation that the money from the Constituency Development Fund that will not be used this year will remain in the Council treasuries for more projects next year.
This means that the money will not be recalled to the national treasuries as it has been the case all the years.

-He also emphasized that by the year 2024 all schools must have enough desks for the pupils and declared that an offence shall be slapped on any councilor and Member of Parliament if there will be a clinic that will be found without running water and a maternity ward in 2024.

  • The head of state also said his government remain committed to ensuring that agriculture is improved in the country by paying farmers upon selling their crops and providing subsidies to small scale farmers.
  • President Hakainde Hichilema also called for the commencement of works on the Monze-Niko road as way of appreciating the role historical sites such as Samu Lya Moomba played during the independence struggle.
  • He called for the recognition of sites that played a part in realising the country’s independence across the country.

-Mr Hichilema also directed the ministry of tourism to make the Samu Lya Moomba site a national munument where tourists can be coming to learn about the history that led to the liberation of this country and the role the site played.

The head of state sounded more authoritative when making these pronouncements to audience that gathered at this year’s Samu Lya Moomba Traditional ceremony.We wait for the implementation part.

MM/CHM/ZM.

My wife betrayed me

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My wife betrayed me

MY name is Willard Chiwele and I am 27 years old.

I married Misozi Banda in 2015 and God blessed us with a daughter.

I was a very hard-working taxi driver and I was always there for my wife and daughter.

Problems in my life started after the car I was using as a taxi got involved in an accident, I stayed for a long period of time without working, and in order to survive my wife started working as a maid in Lusaka’s Libala south residential area.

A few months later a good friend of mine connected me to someone who was looking for a taxi driver and that’s how i started working again as a taxi driver.

My wife continued to work as a maid even after I started working again as a taxi driver.

As time went by I started hearing rumours that my wife was cheating on me with another Taxi driver.
I then asked my wife about the rumours but she denied ever cheating on me.

One Sunday afternoon my wife left home saying she was going to attend a church home cell meeting commonly known as ‘chitente’ within Chawama township where we used to live.

Then an hour later,I received a call from a good friend that he had seen my wife and a Man in a car entering a lodge called Boli 11 in Lusaka’s Libala stage one.

And since there was no one to leave my daughter with at home, I drove with her to the named lodge in Libala stage 1 residential area.

But just as I was about to enter the lodge I saw my wife and a Man driving out of the lodge and that was how I started chasing them and in the process I lost control of the car I was driving and hit into a pavement and the rest I don’t remember what happened.

When I woke up I found myself
On a hospital bed surrounded by and a few relatives and friends.
That same day I was taken to the theater where both my legs where amputated. I also suffered spine injuries in that same accident.

A week later I was told that my daughter died on the spot in that fatal accident. I couldn’t even attend her burial because I was in condition when she was put to rest and doctors advised my relatives not to tell me about the death of my daughter.

And while I was in the hospital my wife went home and got all the things and moved to live with her friends in Lusaka’s Kanyama Township.

I stayed in the hospital for a long period of time and after I was discharged from the hospital I decided to move to Mwana Mainda where I currently staying with my cousin.

I am now healing and just a few days ago a good Samaritan who was introduced to me by Mwebantu Trendsetters blessed me with a wheelchair and k10,000 capital to start a business of rearing village chickens.

I have since forgiven my wife and looking forward to start my life again but I don’t think I want to ever see her again.
Source: Mwebantu Trendsetters

Comedians to tickle Lusaka for Brighton Sinkala

Comedians to tickle Lusaka for Brighton Sinkala

Over 60 comedians from far and wide locations across the country will this morning exchange turns in the Lusaka Play stage as they perform in honour of their fallen colleague, Brighton Sinkala.

The 53-year old comedian died on Sunday in a tragic road accident in Kabwe as he travelled to Lusaka after MCing a wedding in Kitwe the previous evening.

Comedians Association of Zambia (COAZ) president Cheelo Mwanachingwala told #Kalemba that the artistic send-off will be held at the Lusaka Play House car park starting at 8:00 hours this morning while there will be a tribute comedy show in honour of the former funny man.

Mwanachingwala said this before COAZ secretary general Shandele Ginnethon
Issued out an official statement which dispelled rumours on social media that the Seventh Day Adventist Church and Sinkala’s family did not allow the to host the event.

“The artistic send off of veteran comedian Brighton Sinkala will take place at Lusaka Play House starting at 08:00hrs contrary to rumours circulating on some social media platforms suggesting that the SDA church refused to grant the request made by COAZ.”

“The church and family have given artists the whole day today to celebrate the life of the late Brighton Sinkala,” the statement read.

In the meantime, Sinkala’s family disclosed to #Kalemba that burial has been set for Thursday, October 13 at Memorial Park with the funeral service at Chainama SDA Church.

He is survived by a wife and three children who include two sons and a daughter.

He was an environmental health technician under the Ministry of Health for many years till his tragic passing and at the time of his death he was a senior health promotion officer.

Sinkala who was a multi talented soul earned himself accolades with his skills in stretching his vocal muscles not to shout shout during his comic perfomance but to deliver high pitched notes as he loved to also sing

“He is a man who took comedy everywhere he went. It did not matter whether it was at a funeral or on a bus or indeed at State House. He would always make fun of himself first – the legendary head – before picking on anyone who would fall victim to his humour,” the family representative Lazalo Sinkala said.

Sinkala’s public comedy appearances started around 2002 when he was a meat quality inspector at Zambeef where he would always make jokes at his work.

Much to his workmates’ delight, he started offering his master of ceremonies services at friends’ weddings and family functions until he went commercial with bookings almost every weekend from across the country.

Sinkala’s life is a story that will be forever be told because he left a mark everywhere and his shows always ended with the audience commenting that their ribs were cracked to bits as he carried that lifestyle of spreading joy everywhere regardless of the location.

He also used his comedy to spread awareness and educated the masses in the health sector especially during the peak of the global pandemic.

By Moses Makwaya

Kalemba