ALLOWING PEOPLE WHOSE ELECTIONS WERE NULLIFIED DUE TO VIOLATION OF A PRESCRIBED CODE OF CONDCT (ELECTORAL CODE OF CONDUCT) IS INJURIOUS TO THE PURPOSE, VALUES & PRINCIPLES OF THE REPUBLICAN CONSTITUTION

The recent ConCOURT decision to allow individuals who had their elections nullified on account of proven acts and practices of corruption, violence, illegalities and lack of prerequisite academic qualifications, to recontest their seats in ensuing by-elections has left many citizens shocked hence the generation of more debates around that decision.

The ConCourt should, at the earliest opportunity, reverse this decision to make eligible individuals who have had their elections nullified creating a vacancy in the office of the MP and councillor disregarding the spirit and letter of Art 72(4) and 157(3).

The letter and spirit of Arts 72(4) and 157(3) are make such individuals ineligible to recontest their seats as a sacton or penalty for engaging in electoral corruption and this must be respected to stop further deterioration in the calibre and integrity of the election and electoral process in Zambia.

The COURT’s position seems to institutionalise and constitutionalise and sanitise corruption, violence and other malpractices and illegalities committed by the political parties and or candidates in the electoral process contrary to guidance found in Art 45 and 60.

In addition, this decision has rendered the right to petition an election of an MP (Art 73) and or councillor (157-158) invalid and without meaning but an academic exercise and wastage of resources.

This is so because an election can be nullified but the same individuals who misbehaved causing a by-election are, again, allowed to recontest and probably win back the seat.

What then could be the rationale or purpose of such an election petition resulting in a nullification and why create vacancy that causes a by-election if the same person can recontest?

The decision further makes the Code, prescribed in Art 54 of the Constitution which all political parties and or candidates must comply with, irrelevant thereby promoting lawlessness, illegalities and unfair play field in the electoral process.

Recognising the fact that the Constitutional Court decsions are non-appealable and final, however, Article 267 of the Constitution, which enjoins the courts to interpret the Constitution in a manner that promotes the development of the law, provides sufficient latitude for the ConCourt to revisit its interpretation.

Art 267 (1)(a), (b) and (c) guides that this Constitution shall be interpreted in accordance with the Bill of Rights and in a manner that-

Promotes its purposes, values and principles; permits the development of the law; and contributes to good governance

Is the court’s decision to allow people who caused a vacancy in their respective elective offices through a nullification triggered by their involvement in practices of corruption, violence, lawlessness, illegalities and lack of prerequisite academic qualifications against the requirement of the Constitution and prescribed electoral code of conduct a promotion of the purpose, values and principles of the Constitution of the Republic, Or does it permit the development of good law or indeed contributes to good governance in Zambia?

In my view and opinion, the decision of the Court negates all the above guidance hence the need for the Court to re-consider this decision for the purpose of the development of good law and practice, promotion of values, principles and purpose of the Constitution and for the purpose of contributing to good governance and fair play in electoral process and adherence to electoral integrity in Zambia.

Better still, unless it can be shown empirically that the decision of the court to all such individuals adds value to the fight against corruption, violence, forgery, malpractices and illegalities in the electoral process and in Zambia’s electoral democracy, the legislature would do well to quickly move a motion to strengthen Arts 72(4) and 157(3) diluted by the recent decision of the Court that eligiblised people who caused a vacancy in their respective offices as a result of nullification of their election due to proved widespread corruption, violence and malpractice and illegalities during campaigns and lack of prerequisite academic qualifications.

This can be done by invoking the provisions of Article 79 of the Constitution by the legislature with relative ease.

Art 79 empowers the legislature to alter any part of the Constitution except for article 79 itself and the Bill of Rights, which can only be altered with the approval of the people in a national referendum.

I submit

McDonald Chipenzi

Chanonda Frackson Ngwira pens an emotional tale of his collapsed attempt at marriage due to dowry

Mr. Ngwira is currently happily married and a father:

INSALAMU!

From a personal Experience!

About 11 years ago, after dating this young and industrious lady, I decided that it is time for me to settle down with her ofcourse and yes steps started being put into motion.

Traditionally and as per our Zambian culture, we needed to take tumbale popularly known as INSALAMU by our Bemba fellows and yes that time came and we were prepared. But before the d-day came, my Bashibukombe decided to do a bit of research regards how this is done according to my then fiancee tradition and culture. This was despite him having stayed and schooled in that region, we never wanted to take advantage or take things for granted.

We were told by about 5 traditionally equipped individuals from that region how to go about it and they even went further ofcourse at different times, how much money as in minimum we are supposed to put in the plate.

Boom! I dressed modestly, you know me and clothes, I go for the tip top kind of clothes, in short I dressed to impress my would be inlaws, obviously to create a certain picture that their daughter was getting into the life of a smart and clean man.

My Bashibukombe inquired of how much i prepared to put in the plate, I told him, it was more than 10 times of what we were told was minimum according to the tradition. We also bought some utensils according to their tradition and off we went majestically. I remember that day, I even upgraded my perfume, I basically and largely looked good with a good Saint, obviously to send a message that I am the man and yes your daughter will be safe.

We were welcomed as per requirement, it was all happiness and gladness, we found some two or three gentlemen who she said were her uncles and a lady or two if not mistaken. My Bashibukombe did his best to present the case, he did what was required of him and followed all the traditional procedures successfully, our INSALAMU was accepted and off we went with smiles and joy thinking we have scored.

Later in the afternoon, I received a call from my would be wife, in my heart I said, am sure she wants to thank me for making her proud… Lo and behold, with a very frightening tone of voice, my supposedly wife to be shouted at me and said why would I choose to embarrass her in the manner I did? Why would I take such little or small amount of money to put in the plate as INSALAMU. In short, what was expected to be a joyful call and conversation turned out to be a sad and discouraging one.

….To cut the story short, that’s how my relationship started having issues. She began saying all sorts of things and bringing in excuses for a few weeks before she finally called it quits.

So yes, she was Frank and blunt, “Chanoda, this relationship can not work, it has failed, just move on and I will move on with my life”. I tried my best to make sense, it didn’t work, she kept on reminding me actually that I must go and reverse whatever was done and I think if my memory serves me well, we did just that with my Bashibukombe, if not then I guess we just forgot about it.

I was devastated, hurt, disturbed and confused because the reasons for her breaking up with me did not even make sense. I mean we were told that Insalamu had a minimum amount yet we put in the plate more than the minimum required, it was still pronounced as small money. Anyway life went on though it was very hard to forget about her.

As a Tumbuka, the issue of marriage was actually long overdue, I needed to settle, and no amount of hurt and pain stopped me. So yea, I met a young lady, my current wife, I went straight to the point, I want to marry you, as in I want to make you my wife.. She laughed at me but I knew she said yes, and true to my words, that’s how I received a yes from her after a few attempts.

I dated my current wife for only a year, there about and we took Insalamu,. I said I will not change the way, if she truly loves me, Insalamu whether big or not, she will not complain. We went and did everything as per tradition. It was all smiles forgetting the embarrassing moments I went through in the previous relationship.

Once again, a call came, 📞, at that point, history gripped in, is it a call of happiness or once again it is a call of disappointment? I gathered strength and picked, and Lo and behold, I heard a great voice saying, “Thank you for making me proud, I am very happy and my parents are proud of me.” With a sigh of relief, I told her, it is well, I love you and next week, we shall come for negotiations. To cut the story short, everything went on well, we married and she has blessed me with lovely sets of children and by the Grace of God, we are still growing into each other.

Don’t ask me whether the other lady is married or not because I don’t know, however the last time I met her, she was still single.. It is my prayer that by this time she is married or atleast engaged and yes she will get married am sure…

My conclusion is this, in a simple way, marriages have failed today because we take them either as a show off or as a business. Many of us have lost partners that were meant for us because we feel they weren’t able to impress our friends, parents and relatives in short society. Follow love and not big lobola or Insalamu.

PRESIDENT HH PARLIAMENT SPEECH.
Statement of intent and plan of action for the rest of 2022 and beyond.

By Miles B.Sampa, MP ( 09.09.2022)

1.0) Introduction
I had to cut my SA Pan African Parliament engagements shorter to come and listen to the President’s speech in Parliament today Friday the 9th of September, 2022. The twice in a year Parliament speeches by incumbent Presidents are vital as they set the tone on policy and priorities of the Government next 6 months or so. Some researches have proved the ‘punches’ in such speeches lead to good actual tangible pro people results while lukewarm speeches lead to zero national pro people actions in consequent months.

2.0) Last Speech
In his last parliament speech some 6 months ago on national values and principles, the President encouraged citizens to ‘Name & Shame’ anyone that was to act corrupt with public resources. Either there is now zero corruption in Zambia, corrupt politicians or technocrats have become sophisticated to ‘undetectable levels ’ or no one in Zambia is brave enough to ‘Name & Shame’ anyone and in which case they become accomplices.

3.0) Tomorrow’s Parliament Speech
I look towards and hope the President will ‘hammer’ the nail on the head for the following topics of huge public importance:

3.1) What’s plan B for cushioning the poor and vulnerable from the rather unavoidable IMF bail out conditions such as increase in ZESCO power, increase in fuel⛽️ prices and reduction in the poor farmers input support systems FISP.

3.2) What measures will be instituted to ensure the K25M CDF allocation touches the ground and felt by the poor and vulnerable in our constituencies. It’s already one year behind schedule this far and not a 1 Ngwee of the K25M thus far has been spent anywhere in Zambia due to protracted processes and bureaucracy by the so called technocrats at Councils and within the Central Government (civil servants).

3.3) Validation of ‘Naming & Shaming’ calls.
All that exhibit or known to be in the bad habit of having ‘ nshima and relish also nshima’ in their bedrooms.

3.4)Mopani Mine.
This mine is like a Cow that has been killed by the owners for months without feeding it proper grass, vitamins and minerals. Pa last instead of milk, blood starts to ooz from the tits. Mopani needs a sustainable capital injection as it’s about near dead failing to produce its budgeted copper to be ‘able to pay its financial obligations when they have fallen due’.

3.5) Konkola Copper Mine (KCM).
This Mine is like a cow up for abuse by all and sundry except the owners. Everyone supposed to help the ‘basimabuku’ (Leader) on getting the cow back to the rightful owners are also busy squeezing ‘nkolo’ (tits) of the cow to first fatten their stomachs.

Noticed a huge delegation of over 20 people led by the disputed Liquidator Ms Celine Nair go to Australia apparently representing KCM at some Indaba or so. Seems the new ‘liquidator’ for KCM is also on milking spree as if to over do the real or perceived wrong places on the former ‘liquidator’ Mr Milingo Lungu.

Even a Lawyer that failed at ZIALE can be able to deduce that KCM is legally still owned by Vedanta PLC and each day the Mine is kept away from its rightful owners, the higher the legal financial liabilities that Zambia will incur from the pending litigation judgements in various international courts namely South Africa, England and the USA.

Other than the illegal liquidators, we also have the likes of my brother Valentine Chitalu and Greg Mills busy pawning KCM on the international ‘salaula’ markets for mines just so they can get a ka ‘somefing’.

Your Excellency HH ‘nimwemwabako’, we look forward to the speech and we are very hopeful that you hammer hard on the above and many other topics of national and public interest.

MBS10.09.2022,1am

Eminem and his manager, Paul Rosenberg, were concerned the rap icon might have had brain damage following his hospital stay in 2007 after overdosing on methadone.

On Wednesday, September 7, Eminem appeared on the latest episode of Rosenberg’s Paul Pod: Curtain Call 2 podcast that was released. During the conversation, they discussed Eminem’s drug overdose and his journey to recovery.

“It took a long time for my brain to start working again,” Eminem admitted, to which Rosenberg replied: “I mean, you literally were coming off of an overdose and they had to sort of stabilize you with a few medications. And some of them took you a minute to adjust to – let’s just leave it at that.

“So you’re learning to rap again, almost literally, right? Because it’s the first time probably you were creating without having substances in your body in however many years, right?”

Eminem admitted to Rosenberg’s comments, before bringing up his manager’s worries after he sent him music for the first time since his overdose.

“Didn’t you ask the doctors — when I first started rapping again and sent it to you — didn’t you say like, ‘I just wanna make sure he doesn’t have brain damage,’” he said.

Rosenberg replied: “I thought you might have some permanent problems. Yeah, I was concerned, for sure.”

At an MTV show in 2010, was the first time Eminem opened up about his drug rehabilitation journey, revealing he had to relearn how to rap and drive a car.

“I was relearning basic motor skills. I couldn?t control my hand shakes” – Eminem says it took a while for his brain to start working again after 2007 overdose

“I had to learn to write and rap again, and I had to do it sober and 100 percent clean,” he said. “That didn’t feel good at first … I mean it in the literal sense. I actually had to learn how to say my lyrics again; how to phrase them, make them flow, how to use force so they sounded like I meant them.

“Rapping wasn’t like riding a bike. It was [as much] physical as mental. I was relearning basic motor skills. I couldn’t control my hand shakes. I’d get in the [recording] booth and tried to rap, and none of it was clever, none was witty and I wasn’t saying it right.”

After the overdose, the multiple Grammy award winner, returned with Relapse in 2009, his first solo album since 2004’s Encore. The project was heavily inspired by his prescription pill addiction as he rapped about his battle on songs like “Déjà Vu” and “My Mom.”

In 2019, Eminem celebrated over a decade of sobriety. “11 years,” he wrote on Twitter while sharing a photo of his 11-year coin from a 12-step drug rehab program. “still not afraid.”

By Nkonkomalimba Kapumpe

They say “if you aim for the king you better not miss ” but what if its the king that throws and misses? The one who he “misses” becomes a hero. Who would have thought people will be relieved to see a PF concourt win today? The reason is not that they want PF but want to use them to prevent UPND becoming worse than PF.

So if Malanji and Bowman stand, it will be almost impossible for you to beat them now in the by elections; this is of your own making. It will now take a Moutain after the con court ruling. People love an underdog who wins, casing point David. And once you lose those two seats, Copperbelt is gone. Secondly on this very point, if you throw anything on these two from ECZ, ACC and DEC, it will have some political conquences on UPND. To be honest, your miscalculation is now painting a very mean and desperate people of yourselves and making the two martyrs. If my friend was not involved I could have sorted this issue for you along time, yes ka boosting lol

Your know it all and political miscalculation ladies and Gentlemen might bring back PF 2026, if you are playing. UPND has forgotten one thing that is key, that we partnered to remove PF. If they don’t partner with the Zambians but keep teasing, demeaning and mocking people….tuka fimba tu kapoke 2026.

UPND go back to the CALL, partner with Zambians. Otherwise this is how people start to lose power, yes this simple ka ….Ask ba PF or MMD that were so confident like you at one point . You should make it about Zambians and not UPND. You have created a group for yourselves separate from the people, you consider yourselves special; hence isolating yourselves from the people. Even those general ordinary members that fought for you don’t feel UPND today. There is special UPND now that labels everyone PF that cries or criticises. No wonder that women that resisted getting a chitenji from Veep indicated that she is not PF, Zambia is not just PF and UPND. Ba UPND that 2.8 million only about 1 million can be truly be UPND members, the rest just voted for you and to keep them you should partner with them.

One year of just putting out fires and drama with your wife PF? That you can’t even explain to the people what you are trying to do for them. For all the 52 weeks of the year I can mention a political fire you were putting out that overshadowed what you were doing, time ka.

Just advising ka take it or leave it.In no excalt words from the old Kabushi lady ” even you guys will go, we have seen them all come and go”. Ello if PF comes back mamama we better run.

KK’s mistakes made FJT, Mwanawasa’s miscalculations set fire on Sata, Lungu’s mistakes made HH a superhero …I wonder who HH is making? It’s just nature and the way of life I guess.

By Aaron Ng’ambi

The poor people of Chingola who built their houses along the Kasompe airstrip witnessed a nightmare on Saturday, August 20th, when their homes were demolished by the Chingola Municipal Council. This has been the most cruel and gruesome act so far, to have happened under the rein of the new dawn government.

The man whom these same people woke up very early on August 12, 2021, to go and vote for as their member of parliament (MP), was out of the country on official government duty. The Chingola MP who is also minister of commerce, Mr. Chipoka Mulenga, upon hearing of this tragedy was quoted by several social media platforms; including the verified official United Party for National Development (UPND) Facebook page that he was “shocked” to have learned of this sad development. Hence, he cut short his trip to return home from Nigeria and sympathize with the affected residents. If this was not a statement of concern from the honorable minister, then I do not know what to make of such a pronouncement. Because anyone who is serious about the plight of our poor people should ask one question and one question only. Why was the minister in shock? The local authorities claim that in February 2022, they sent out a notice of enforcement to all developers in the area to suspend works within 28 days as stipulated by law. This goes without saying that any reasonable person can conclude from this scenario that surely, some sort of notice must have been issued as well to the 345 residents of the same area beforehand for them to evacuate.

Therefore, is the honorable minister so detached from his constituency that he was not aware of this notice which was served to the affected residents before the demolish? Or is it the case of having selective amnesia, like most politicians do; that after elected they forget about those who put them in those positions of power in the first place. It is very sad to see people in authority issue convenient statements in an attempt to console the vulnerable. The kind of statements that look sympathetic on face value, but when taken into serious consideration; they are just empty statements and insincere. Few days later after the saga of the so-called illegal settlers, the MP for the area claimed that he had secured another piece of land for the affected victims because the head of state told him not to rest until this matter was resolved. So, why didn’t the honorable minister and his boss (The Head of State), initially take a proactive approach to this problem? Was it necessary to wait for the council to move in, demolish these 300 plus houses and then government steps in to help? Will government build houses for those families on the purported new land allocated to them? Perhaps, this is a mere reaction from the minister and his government because they fear of what could be worse, as the affected victims already expressed their anger by burning down the mayor’s house in Chingola. Regardless of what the answers are to all these questions, the truth still remains that, this is nothing but the first blunder of the UPND alliance government, which could potentially haunt them not just for now. But for the foreseeable near future as well.

Lest we forget that, the UPND in the opposition made so much noise on the floor of the house with regards to forest 27. They told us, that the settlements in that area were all illegal because the patriotic front (PF) government of ECL had illegally degazetted the said forest 27 and allocated plots to his friends and “corrupt” PF officials. In fact, the now honorable minister for local government Mr. Gary Nkombo is on record of making a commitment to the Zambian people while citing Kenya as an example. Mr. Nkombo said that, should UPND win the 2021 elections and form government- the first thing they will do is to bring a bulldozer and demolish all structures in forest 27- this was the Minister’s speech in parliament on Wednesday, December 04th, 2019. Unfortunately, we have only seen the bulldozer going to Kasompe area in Chingola, which is roughly 415 kilometers away from Forest 27 in Lusaka. And when anyone dares to remind the government on their public promises over Forest 27, all of a sudden it becomes a philosophical debate, and the issue of compensation crops up. On August 22, 2022, some minister said he was not quite about forest 27, but that they have engaged WWF to assess the damage. In Chingola, no one engaged anyone in any sort of discussions or questioned the morality of why or why not such an act of demolishing 345 houses would be wrong. We simply saw the bulldozer at work, with no questions asked at all. Again, I ask, do these elected officials think that the Zambian people are so gullible?

It is unbecoming for a government which not so long ago was overwhelming voted for by the majority of our people, to have ministers and other officials make claims that are unfounded, and at times even issue misleading statements. All this, in an attempt to create an impression or narrative that we the citizens ought to listen to them, rather than the other way around. No government of any civilized country survives when led by such leaders, who do not listen to the masses, but only pretend to be doing so when it’s convenient. If such so-called leaders do exist anywhere in a democratic society, they do not last very long. The great Sual D. Alinsky makes it plain in his book, Rules for Radicals by stating that “the action is in the enemy’s reaction.” And that sums it up for all that we have seen before in our politics, which is all too familiar now with some of these so-called leaders of today. The actions of these so-called politicians on demolishing forest 27 is in their reaction. And what has been their reaction so far? Nothing! Their silence has been so loud on this matter since taking over government last year (2021).

Many people are left to wonder; why did this government hesitated not to destroy the structures in Kasompe area with no apologies, but yet they have gone mute on forest 27. Could this be because of the class of people who live in these both seemingly illegal settlements? Or maybe, is it the fact that the poor are so easy to push around, while the elite and the rich people of forest 27 or anywhere in the country are untouchable? If my memory serves me correctly, President Hakainde Hichilema (HH) when he was in opposition, he constantly complained on many occasions against the unfair application of the law then and what was seemingly selective justice which was undoubtedly practiced by his predecessor and the PF. Truth be told, this is nothing but classic example of selective justice when it comes to the demolishing of those houses for the poor in Chingola on one end. But on the other end, the rich people of forest 27 seems to have gotten a pass from government as the Hichilema administration looks on or pays a blind eye to the demolishing of forest 27 houses.

It is very predictable that honorable Gary Nkombo and his counterparts, will continue to give excuses on this subject of forest 27 up until the elections of 2026. And we are prepared to consistently remind the government of its commitment on this very important environmental issue (Forest 27). As for the victims of the Chingola’s heartless act, we hope the government will come through for them in terms of the promised compensation.

HAIMBE FACES CONTEMPT PROCEEDINGS

Lusaka- 8th September 2022

Former Kabushi and Kwacha constituencies MPs, Hon. Joseph Malanji and Hon. Bowman Lusambo have instructed their lawyers to commence contempt proceedings against Minister of Justice, Mulambo Haimbe.

The lawyers have since issued a statement.

The lawyers, Makebi Zulu Advocates have stated that Mr. Haimbe has purported to clarify, to correct a decision of the court and to willfully mislead institutions and the nation on a clear matter resolved by the Constitutional Court.

They have stated that the Minister’s action confirms fears that the Electoral Commission of Zambia is under his capture.

They stated that the job of the Minister was to deal with policy matters.

They stated that if Mr. Haimbe had contention with the Judgement, he should instruct the Attorney General to commence an action in the courts of law, which is an appropriate forum for such matters.

The lawyers have since proposed to take a copy of the Judgement to Haimbe’s office to help familiarize himself with it.

In his statement issued today, Mr. Haimbe has purported that the two candidates remain disqualified to participate in the by-elections and that the Constitutional Court made no such decisions.

The lawyers have stated that Mr. Haimbe has engaged himself in interpreting the Constitution Court Judgement and the Republican Constitution, a matter that’s outside his mandate or authority.

On Wednesday, the Constitutional Court ruled that Malanji and Lusambo were eligible to stand as candidates in the by-elections as no court or authority disqualified them.

The court also restated its position as done in the Law Association of Zambia Vs the Attorney General(CCZ 51 of 2021)[2022]ZMCC7( delivered on 22nd March 2022) that a nullification of an election does not necessarily disqualify the candidates.

Below is the statement from Makebi Zulu Advocates;

Media statement on Minister of Justice’s press statement

Thursday, 8th September, 2022

We have instructions from our clients and wish to point out that We have seen the press statement by the Minister of Justice.

To put this statement in context we wish to highlight the chronological order of events which are as follows:

The Electoral commission of Zambia issued a statement in reference to our Candidates, Bowman Lusambo and Joseph Malanji that there nomination papers would not be accepted because they were disqualified to contest following the nullification of their election.

The Law association of Zambia pursuant to their statutory mandate guided to the effect that Hon Bowman Lusambo and Hon Joseph Malanji were eligible to stand following the Interpretation of the operative Article 72 in the case of LAZ V Attorney General.

The Minister of Justice went on record disagreeing with the Judgment of the Court in LAZ V AG and the opinion of LAZ to the effect that LAZ took a narrow view when they rendered their opinion.

The Electoral Commission of Zambia in line with the view of the Minister of Justice rejected the Nomination papers of Hon Bowman Lusambo and Hon Joseph Malanji.

A matter was commenced to challenge the decision of the Electoral Commission and the concourt reaffirmed the opinion of Laz and its earlier judgment to the effect that the decision of ECZ was misplaced and effectively, Hon Bowman Lusambo and Hon Joseph Malanji were eligible to stand.

The Minister of Justice in a press statement purported to clarify and/or correct the Judgement of the concourt. He has no such jurisdiction or mandate and if he has failed to understand the judgment or needs clarification, he may want to ask the attorney general to make an appropriate application, which in our view is unnecessary as the judgment is clear.

We have since sent a copy of the judgment to his office so he may adequately familiarize himself with it.

The actions of the Minister of Justice confirms our clients’ suspicion that the Electoral Commission of Zambia is under capture and there is an Invincible hand at play.

One wonders what the role of the Minister of Justice is in this matter. The Job of the Minister is to deal with policy matters. He is not the legal advisor to the Government.

That role or mandate of giving Legal Advice to the Government is conferred on the Attorney General by the constitution.

Our client takes the view that it is such statements that seem to confirm the position that the Electoral commission of Zambia is being tempered with.

We have instructions to commence contempt proceedings against the Minister of Justice as his statement is meant to undermine the authority of the Court.

Makebi Zulu Advocates

By Peter Sinkamba

WHY JUDGE MUNALULA’S DISSENTING JUDGMENT IS WRONG IN THE LATEST MALANJE AND LUSAMBO CASE

The key question which the Concourt was asked to determine in the latest Malanje and Lusambo case was whether “nullification” of an election is the same as “disqualification” of a candidate.

The majority of the judges reiterated their earlier decision in the case of the Law Association of Zambia v Attorney General (CCZ 51 of 2021) [2022] ZMCC 7 (22 March 2022) for judicial consistency.

In the said LAZ case, Concourt decided that “nullification” is not the same as “disqualification”.

The latest majority decision of the Concourt implicitly renders the action of ECZ to reject Hon. Malanje and Lusambo’s nomination papers null, void and illegal in terms of Article 1(2) of the Constitution of Zambia Amendment 2016.

Additionally, the latest Concourt decision implies that Hon Malanje and Lusambo are eligible to recontest their seats, and that their nomination papers ought not to have been rejected by ECZ.

In summary the reasoning of the majority is that whilst a provision that bars a candidate who cause a by-election exists (i.e Article 72(4)(h)), the framers of the Constitution did not create express authority for the Concourt to disqualify a candidate who opts to recontest the nullified seat.

The majority further stated that the only cure to this lacunae is for Parliament to amend the Constitution so that Parliament expressely empowers the Concourt to disqualify a candidate whose election or seat is nullified.

Furthermore, the majority argued that the Concourt lacks power to amend the Constitution as this is a preserve of Parliament.

The majority is right on this point from the premise of separation of powers as provided for in the Constitution.

However, in her dissenting judgment, Concourt Deputy President Justice Professor Margaret Munalula stated that the lacunae in Article 72 (4)(h) does not stop the Concourt from giving clarity on the matter or to provide an interpretation declaring clause (4) redandunt. She added the court had an opportunity to bring the matter to its conclusion by stating whether Joseph Malanji and Bowman Lusambo were disqualified in recontesting election in the current life of parliament as opposed to issuing a vague judgement.

In my view, the Justice Munalula was wrong in her dissenting judgment on two grounds.

First, the key question that was presented to court for determination was not whether Hon Malanje and Lusamba are qualified to contest the election after nullification of their seats. Rather, the question was on whether “nullification” is the same as “qualification”.

That being the case, the Concourt would have gone astray by making decisions on questions that have not been brought before it for determination.

The notion that Justice Munalula is advocating, where a judge can venture out to decide on matters that are not before him or her is called judicial activism. Whilst this approach is progressive especially on matters of human rights, it is alien to our system of judicial restraint and principle of separation of powers.

The second ground why I believe Justice Munalula is wrong concerns her proposal for the Concourt to declare Article 74(4)(h) redundant. Such as action by the Concourt would have been an illegality in terms of Articles 1and 3 of the Constitution in the sence that the validity or legality of any provision of the Constitution must not be subjected to any
challenge by any one, including the Concourt.

Furthermore, such an action by Concourt would have been null, void and illegal in the sense that the operation of any provision of the Constitution must never be affected by
any unlawful act by any person. The Concourt is not exempted from this restriction. It has no power, whatsoever, to overthrow, suspend or illegally abrogate any provision of the Constitution.

Thus, the best Justice Munalula could have done was to agree with other judges and be bound by the Court’s earlier decision or decisions for consistency.

According to JCC, several cases of inconsistency by a court or judge amounts to incompetence. So, the judge should always remember this requirement or risks being cited for incompetence.

If Concourt finds any lacunae, the best it can do is to advise the Executive to move a motion in Parliament to amend the Constitution to address such lacunae, and not to attempt to overthrow, suspend or illegally abrogate it.

I come in peace. May peace be with you.

Miles Sampa
YAKUMBUYO or SHIMBILOMBE

By Miles B. Sampa, MP (07.09.2022)

From onset my one word for same sex bed activities is that it’s Disgusting . I dare to imagine what goes on. I knew very little about it except as got to read about it myself n the political arena.

It was in 2011 general elections campaigns when I got shocked to hear one or two MMD ministers travel to Sata’s Chitulika village in Mpika and proclaim “ Sata is gay and supports them and if elected President, he would bring laws to allow men marry men and women marry women”. I was like are these Ministers normal. Of all things to accuse Sata (MHSRIEP).

Sata won and as I keep saying that politics in Zambia is all about repeating itself. I heard similar jibes in the 2021 campaigns towards one candidate HH that he supported gaysm. It also came to pass that he won and my take is that this is a topic that is alien to majority Zambians. This to the extent that when there is attempt to paint a political candidate in that line, voters can read the real truth between the lines.

Growing up in Matero, such a topic was just non existent. High school at a mission school at Namwianga in Kalomo was equally a taboo. At UNZA it was also just never a topic as one was either a ‘monk’ or ‘nan’ (abstain) and mojo or moma (had opposite sex close friend).

It was when I started working at the then Barclays Bank owned by the British that got to be told by peers that so and so is gay. “ can’t you see the way he walks”. I though it was a joking matter and once tried to tease one that was in the gossip mill as being gay. The reaction was fierce and threatening and since then learned to keep to my lane.

Later in my professional career and as interacted more on the international arena, I learnt to very careful and if anything never to engage others on topics to do with same sex activities, religion and about their family matters unless they volunteer to. Such topic or debate are known to never get a winner if anything even end up in physical fights.

As for our Zambian scenario and being one of elected parliamentarians, I must admit that in recent years, the same sex practices seem prevalent. What may have been in dark corners in the past, now seem to have come into our broad day light. Some reported HeShes or SheHes openly dress and act like those we only used to watch in western movies.

I also noticed that USA Presidents except Donald Trump were seemingly in support of same sex activities possibly in exchange for huge campaigns funding. Apparently the same sex global organizations are financially powerful and politically very influential. Barack Obama and current Joe Biden supported and enacted Laws in the USA 🇺🇸 wherein marriages of same sex were legalized.

We now have youngster in Zambia kaya they take tablets and end up with big bokosi (bums) to make them look and walk like women. In the past I heard about Lusaka stories of gay adults raping street boys or security guards in the middle of the night. As with any crime, hard to get them prosecuted if there is no complainant. Most victims would shy away to report these unZambian sexual attacks to Police.

As if this was not a tormenting gossip story, then got to hear recently that actually both MMD and PF had a Minister that is very active as gay participant amongst socialites. Even in the current UPND one senior person is rumored to be of gay preference. Now unless one can prove seeing them doing same or a complainant came up, it remains hearsay and hard to report them to the Police.

If I was a policeman or Minister Incharge of policemen however that are mandated to arrest any one that breaks laws, I would have rounded up all those ‘known’ gays or lesbian amongst us. If they look, walk and act gay or lesbian, what are they?
I would offer rewards to all with witness evidence leading to conviction in the courts of law.

We are not only a Christian nation wherein the Bible abhors the practice but laws against these acts are enshrined in our penal code. It is against the law or illegal to be a gay or lesbian in Zambia. As other keep saying on other cases like that of some opposition leader last few days, “Law is Law” and unless repealed, it has to be enforced.

For the sake of protecting morals of our children and great grandchildren, the immoral acts have to be curbed instant with the full force they deserve. The attempt by the West to destroy our African culture with gay and lesbian doctrine, is part of their bigger neo colonialism agenda.

All Zambians should hold hands against lesbians and gays for the sake of preserving our history, culture and christian beliefs. Maybe we should consider ‘Naming & Shaming’ those in our society that shamelessly expose their queer demeanor and are known gay and lesbian sympathizers or participants.

It is evident that the practice is already out of hand and action to curb them should be now and not tomorrow.

Elo aba kubazungu bantu aba bali pawafu nandalama maningi. if page iyi yazima later, ninshi banzanda kubalemba😁

Together We Can
MBS07.09.2022

TETA, THE POLITICIAN WHO WANTED UPND TO FORM GOVT WITH MWANAWASA

His view was that the 2001 disputed election should not have been settled in court but on a political table, writes Zambian Eye’s Political Correspondent.

September 2022 marks 13 years since he died.

He became the first Secretary General of the UPND after the party was officially launched in Solwezi, North Western province.

He had been serving as a member of Parliament for Solwezi West constituency under the National Party founded by Humphrey Mulemba.

Ben Tentamashimba left the National Party to join hands with former Anglo American Boss Anderson Mazoka who resigned his job to found UPND with the likes Dr John Mulwila who was First Vice president, Prominent Lusaka Lawyer Sakwiba Sikota who was Second Vice president, and first graduate to join Police Stephen Mapala who became National Chairman.

Others were Tiens Kahenya who became Treasury General, Love Mutesa Chairman for Information and Publicity and Lawyer Kennedy Shempande who became Deputy to Tentamashimba.

Teta as he was popularly called together Austin Liato decided to join MMD of Levy Mwanawasa after they failed to convince Mazoka to work with the former. They had been pushing for a Government of National Unity with MMD following a disputed 2001 election Mwanawasa won with 2%. Mazoka rejected the results.

President Mwanawasa according to the sources close to the negotiation had offered UPND Vice presidency and five Ministerial positions. But Mazoka refused saying unless a position of Prime Minister with a security of tenure was created for him.

Mazoka together with Lt Gen Christon Tembo of FDD and Heritage Party’s Brig Gen Godfrey Miyanda then went to Supreme Court to petition the election of Mwanawasa.

Following the standoff, Teta and Liato decided to get the government positions (Deputy Ministers) in Mwanawasa administration. They were later fired from UPND.

In 2006 Teta recontested his Solwezi seat under MMD and won. He heavily campaigned for the MMD and got a number of seats in the province which were previously held by UPND.

He boosted that he was a political key to North Western province. The MMD survived the presidency narrowly in 2006 and 2008 by winning the overole presidential vote in the province which had been under UPND.

Teta was also instrumental in bringing in Vice president then Rupiah Banda to succeed President Mwanawasa after he died in 2008. Banda won in this special or presidential by election.

President Banda promoted Teta to a full cabinet Minister under Local Government and Housing, the position he held until his death.

Teta was an outspoken politician who openly spoke his mind and defended his views so strongly.

Zambian Eye

IMF Deal: Cry, My Beloved Zambia
By Grieve Chelwa

The International Monetary Fund (IMF) yesterday published the conditions attached to the newly agreed programme with the Zambian government. The conditions are incredible, unbelievable, heartless and basically make for very sad reading. They are even more incredible than I predicted in my radio appearance on Hot FM last December. I spent this morning reading the IMF’s document. Below, and typed up pretty quickly because of work pressures, I summarise some of the most concerning aspects of the “deal”.

The centerpiece of the deal is that the IMF is targeting in their words, “a large, front-loaded, and sustained fiscal consolidation.” Specifically, they want the fiscal deficit to decline from 6% of GDP in 2021 to a surplus of 3.2% of GDP by 2025. And this is largely to be achieved by drastic cuts in government spending over the period 2022 to 2025. Basically, the IMF wants our government to reduce expenditure in the billions of dollars between now and 2025. This, my friends, is the definition of austerity.

How is this reduction in the fiscal deficit going to be achieved? By reducing expenditure on the following:

1. Fuel subsidies are going to be fully eliminated by the end of this month (September 2022). What this means is that our government will no longer protect its people from the vagaries of swings in the international price of oil. What then, is the role of government if not to protect its people from shocks, of which oil price dynamics are some of the most consequential?

2. Electricity tariffs will have to increase (via subsidy removal) and the IMF wants the Zambian government to publish a plan for doing this by December 2022. As I have argued before on this blog, this is going to cause pain among our people.

3. The hugely successful Farmer Input Support Programme (FISP) will be “reformed” beginning farming season 2023/2024. “Reform” is IMF speak for drastic cuts. In this instance, the envisaged cuts are large between now and 2025. My heart bleeds for the hundreds of thousands of small-scale farmers who have largely made our country maize-secure over the last two decades. (Funny thing is that the IMF, in their document, are full of praise for our self-sufficiency in maize production and yet they want us to effectively kill the goose that’s been laying our golden eggs!).

To achieve the fiscal consolidation described above, the IMF also has a plan for increasing revenues. And I imagine you are expecting that their plan is anchored on increases to corporate income taxes (especially on the mines). The answer is no. Their plan is largely anchored on the following, which will largely impact the poor and the middle class:

4. Value Added Tax (VAT): The IMF wants us to “broaden our VAT base” which essentially means limiting the number of goods that are VAT exempt. The VAT is one of the most regressive taxes in the world because it impacts the poor much more than the well-off. Because of this, governments often exempts many products from VAT to protect the poor. The IMF now wants us to do the reverse and do so in quite a drastic way. A table on revenue measures on page 12 shows that VAT is going to be the champion of revenue increases over the medium term — much more so than corporate income taxes and mineral royalty taxes. (Also funny that the IMF is concerned about the regressivity of fuel and electricity subsidies, yet they don’t seem to worry about the regressivity of the VAT!).

5. Table 3a on page 35 shows that taxes on labour income are also likely to go up in the medium term, and go up at a rate faster than taxes on profits (mining and non-mining).

The revenue measures in points 4 and 5 above are really pro-rich measures. Difficult to conclude otherwise.

There’s been lots of talk about how the IMF has reformed from who they used to be in the past and that they now care about the poor because they want us to increase expenditure on the social cash transfer (SCT). I am sure what I have written above should already cast doubt on the “reformed IMF thesis”. Anyway, how much is the envisaged increase in the SCT — a monthly allowance given to the very poor? Well, they advise that the SCT increases from K90 currently to K110 per month. That is an increase from $5 per month currently to $7 per month! I leave it to you, enlightened reader, to conclude whether these amounts are sufficient to protect the poor from the subsidy removals in points 1, 2 and 3 above and from the expansions in the VAT base in point 4.

Oh, on page 1, the IMF says that this agreement will immediately result in a disbursement of $185mn from them to us. A signing bonus of sorts for all our troubles. And it’s quite funny how this “recovery plan” is continuously referred to as a “homegrown plan” when the IMF’s fingerprints are all over it.

Before I sign off, I would like to address my colleagues in Zambian civil society who went along for the ride with the IMF, appeared in many photo ops with IMF staff and largely gave credence to the opaque process that gave birth to such an anti-poor deal. This, my friends, is on your hands and you went to sleep on the wheel when your role was and historically has been protecting the interests of the Zambian people, especially the least among us. Posterity will be the judge, and I am wagering that the judgement will be one of disappointment.

About Dr Grieve Chelwa:
My name is Grieve Chelwa. I am currently the Director of Research at the Institute on Race, Power and Political Economy at the New School. From 2018 to 2021, I taught economics at the Graduate School of Business at the University of Cape Town where I was the Co-Director of the MBA Programme. From 2016 to 2017, I was the inaugural postdoctoral fellow at the Center for African Studies at Harvard University. I hold a PhD in economics from the University of Cape Town. This blog keeps an eye on Africa in as far as economic matters are concerned with a bias towards Zambia, the country of my birth. More of my general writing can be found at the blog Africa Is A Country and here and there on the internet. My more academic writing is available on my google scholar page. You can reach me at grievechelwa@gmail.com with comments or suggestions. My twitter handle is @gchelwa.

UPND are stingy and have taken it into govt – KBF

By Kombe Chimpinde Mataka

ZAMBIA Must Prosper leader Kelvin Fube
Bwalya says UPND are stingy and they have taken their selfishness in government.
And Bwalya predicated more job losses following the approval of the US $1.3 billion IMF bailout package saying the UPND has agreed to privatise more companies as part of the programme conditions.
Featuring on Radio Pheonix’s Let the People Talk Programme yesterday, Bwalya explained how he campaigned for the UPND Alliance in 2021 and some Copperbelt businessmen
contributed K800,000 for the Alliance.
He recalls how the UPND Alliance summoned him like a schoolboy to account for the K800,000.
Bwalya said if he was careless, he would have held onto the whole K800,000 because it was not the UPND’s money but from well-wishers.
“I had five or six radio interviews on the Copperbelt. Which motor vehicles did I use…? Mine. I had five of my vehicles on the road with my security. Wherever I went my security and I were accommodated at my expense,” he said. “To the first meeting I went at the UPND, I found honourable [Elisha]
Matambo (Copperbelt Province minister) , provincial chairman for the Copperbelt. There was no money there. I gave them money from where? From my pocket. How genuine do you want me to be?”
He said having become an alliance partner he thought of helping the UPND with his finances so that the burden does not fall on party president Hakainde Hichilema.

“Whatever I did on the Copperbelt, all the money I spent came from me. The number of days we spent on the Copperbelt I paid for my security:their accommodation, their feeding and also looking after their families. All the travels,” Bwalya said. “I had several meetings with businessmen on the Copperbelt and because of what they heard and saw in me, they promised they were going to raise some money. I left the Copperbelt and came back to Lusaka at my expense. We were preparing to go on the Northern circuit; this is Muchinga, Nothern, Luapula and part of Central [province] – in the Northern side at my expense. The Copperbelt businessmen phoned me and they told me ‘ba (Mr) Bwalya because of the meeting we had and everything, a group of us’, I won’t name the businessmen. They said ‘a group of us has come together. Natubika impiya pamo (We have put our money together). We want to help this cause. Where do we take this money?’. I called the alliance ‘do we have an account?’ They said ‘no’. I said ‘there are these people that want to help’. They said ‘tell them you can collect the money in your personal account’. I said okay fine. I gave them the account and said go and collect this money, the figure was a mere K800,000. They put it in my account.”

Bwalya claimed that he declared the money received from the businessmen and continued distributing money to adopted candidates around the Northern circuit.

“I went to Muchinga. I arrived in Muchinga. I am not embarrassing anybody. When I went to the UPND Alliance offices, I found candidates. They didn’t have any campaign material. They didn’t have financials. They didn’t even have pots or food at their campsite. I had to dish out money, my personal money. I had the radio interviews in Muchinga. I left, went to Northern Province in Kasama. I found the same scenario. Their member of parliament or at least the candidates then can attest to this. Chewe who was standing in Kasama Central, big Mule who was standing in Lukashya had no money. I was giving these people money from my pocket; my personal money,” he said. “No money came from HH. I am daring him now let him say. The scenario when I went into Luapula, the candidates didn’t have money. By the way,before I left Northern Province, I also distributed money to the candidates starting from councillors to MPs. If big Mule and Chewe are honest, they will tell you.”
Bwalya added that the “candidates were broke; their camps in disarray”.

“No food. They were not being funded. I lifted the morale. I went on the radio programmes that I went to. I put my life at risk, travelling sometimes in the night. Someone can come and say my help to HH was not genuine. Muletasha (you should appreciate).
And I was very hurt by that statement by [UPND spokesperson] Cornelius Mweetwa,” he said.

Bwalya said to his shock he was summoned over K800,000 after he returned from another assignment to attend three radio programmes in Southern Province.

“On my way to Southern Province I met the President coming back. We met at Mazabuka General Hospital. We cordoned off the road. If HH is truthful he will tell you we met. There are pictures to that effect,” he said.

“Not one vehicle came from HH. Not one vehicle came from UPND. They were my motor vehicles. It meant when I came back, I had to repair them. When I got into Livingtone, that mayor lady (Constance Muleabai) and the MP (Rodney Sikumba) and the other councillors around did not have money. I gave them money. They were running on their last pennies.”

Bwalya said he felt he was entitled to K250,000 from the K800,000 to recover money spent on adopted candidates he came across in his campaign trails.

“This K800,000 I realised was meant for the kind of campaigns I am doing. I did not charge the alliance for the petrol, for the hiring of motor vehicles, for looking after my security and all the teams I was moving with. But I said I am going to remove the money that I gave the candidates from Muchinga, Northern Province, Luapula, part of Central and Southern Province. Those that I gave money it came to K250,000. I was giving K5,000, K10,000 depending on the size of the constituencies.

When I came back, I was summoned like a schoolboy. ‘You got money from the Copperbelt K800,000 blah blah’. I said ‘gentlemen, my help in this alliance is worth K800,000’? I said ‘I am removing this money K550,000, this other money went into your candidates,” he said. “They said ‘you must handover the money. Kwati ninjiba (As though I stole). For me I realised there are trust issues here. I asked ba [Alliance chairman Charles] Milupi, the Minister of Infrastructure, ‘where do you want this money to go?’ he said ‘go and speak to the deputy chairman ba Ernest Mwansa’. I called and said ‘ba kalamba ishi impiya shalandetelela nshilefwaya umusebanya
where should I take this K550,000?’ He gave me the account I wired it. I have got a receipt. That is the money the alliance is talking about.”
Bwalya said UPND should desist from suggesting that he stole money from the party.

“Mwilabepa ubufi, muletasha ( don’t lie, appreciate). Nga mwalikwata akaso mwilaleta akaso kuli ine. E problem na sanga muli party iyi beta ati UPND mwaliba akaso (If you are selfish don’t bring it to me. This is the problem I have found in this party called UPND. They are stingy). Akaso (stinginess) and they have taken it into government. Akaso, they don’t want to give anything,” Bwalya said.
He said throughout his campaign trail for the UPND on the Copperbelt, he had depended on his own resources.

And Bwalya said there would be more job losses because UPND have agreed to sell off companies as a condition for the IMF package.
“There is also an element of privatisation which he [finance minister Situmbeko Musokotwane] is glossing-over. Hon Musokotwane, I felt sorry for the man because I know ifi ifyakweba ati tatukwete incito mu Zambia fyatampile 31, 32 years ago when privatisation came. These are the same players today who are in leadership. They killed most of the industries,” he said.

“And today they are saying there are still more companies to be privatised. What are we doing? When Grevazio Zulu pressed (during Sunday Interview on ZNBC) to name the companies which are going to be privatised, he glossed and dodged and dodged. But I know that certain companies will have to go. It is a condition. So people must start preparing for losses of jobs. So how are you going to tell me you are going to grow the economy when you are killing the industries, when you are killing the jobs?” wondered Bwalya.

The International Monetary Fund (IMF) has so far disbursed over 195 million United States dollars to Zambia as the first installment for the 1.3 billion approved bailout package.

The Ministry of Finance and National Planning has explained that the disbursement is the first out of the seven which the country is expected to get over a period of three years when the loan will be implemented.

Permanent Secretary in charge of Budget, Mukuli Chikuba has reiterated that the IMF bailout has no hidden conditions apart from the ones that have been made public and published on the Ministry of Finance website.

Mr. Chikuba explained that the objectives of the loan is aimed at ensuring that there is debt sustainability, provide balance of payment support, increased funding to social protection services and economic growth.

He has stressed that no employment and wage freeze will be implemented as government will continue with its all planned social protection activities targeted at fostering economic growth of the country.

Mr. Chikuba noted that government has already planned for more recruitments in the 2023 national Budget in the social sectors such as health and education among others, even with the IMF programme in place.

“The IMF bailout package has no other conditionalities other than the one we have shared, among the conditions is to provide balance of payment support and ensure that there is maximum on social spending to grow the economy. In the olden days IMF was criticised for creating poverty but the current IMF is emphasizing on investing more in social spending like health, education, social protection programmes and paying of retirees,” he explained.

The PS stated that the IMF is also focusing more on poverty reduction, hence 50 percent of its allocation will be put in the national Budget to finance social protection programmes in order to enhance economic growth.

Mr. Chikuba said the other focus area is also ensuring that government does not accrue any commercial loans but instead get concessional loans that are more beneficial to the general citizenry.

He stressed that government is also not doing away with any subsidies either on agriculture or any other social sector, adding that the only reforms on subsidies will be done in the energy sector on fuel and electricity but will be done in accordance with the law.

” We are not doing away with subsidies, subsidies in the agriculture will be there, agriculture is a big employer of the country’s population, what we are doing is just revise them to make them better, the only reforms will be done on direct subsidies on fuel were VAT and excise duty will be put back,” he stated.

Ministry of Finance Director in charge of Economic Affairs, Mulele Mulele explained that the IMF credit facility is a home grown programme, which was presented to IMF to help in debt restructuring programmes to help boost the country’s economy.

Mr. Mulele said the programme will also help in dismantling domestic arrears, and halt the accumulation of new arrears to enhance sustainability in the country’s economy.

He added that the loan is a concessional at zero interest rate which will be more beneficial to the public through increased social sector spending.

SA OWNERS OF SHOPRITE, DSTV, PICK N PAY et al VIEWS ON THE KWACHA STRENGTH
… badandaula ma ‘losses’

By Miles B. Sampa, MP (07.09.2022)

According to Isaac Matshego, Nedbank chief economist, the firmer kwacha is a double-edged sword for SA firms operating in Zambia, including Pick n Pay, Shoprite, Sanlam and finance institutions Standard Bank, Absa and Nedbank, among others.

South African firms operating in Zambia will record currency losses as they repatriate their earnings from kwacha to the rand, said Matshego.

“…the stronger local currency helps ease the inflationary pressures emanating from offshore … Goods sourced from South Africa are cheaper in Zambian kwacha terms,” Matshego told Fin24 by email.

Dallas Langman, managing director for Africa at Pick n Pay, says his business direct exposure to a stronger kwacha is limited because most of its trading stock is sourced locally, while all service-level agreements and most store leases are paid for in local currency.

Pick n Pay has reported strong Zambian sales in the past quarter thanks in part to increasing customer transactions.

While the kwacha recently reached parity and surpassed the rand (K1=R1.09), the inflation differential between South Africa and Zambia favours the rand, says Irmgard Erasmus, senior financial economist at Oxford Economics Africa. Erasmus expects Zambian inflation to average 10.7% in 2023 from 14.7% in 2022, which is much higher than the forecasts for South Africa at 4.6% in 2023 from 5.9% in 2022.

Higher inflation erodes the value of an exchange unit, and a higher medium-term inflation forecast for Zambia suggests that the kwacha will depreciate at a faster pace than the rand, he explained.

“The implications for South African companies are that the kwacha appreciation has some further room to run, but the greater diversification of the South African merchandise trade and current account base, coupled with the hawkish SA Reserve Bank should see the rand gaining ground against the kwacha later this year,” said Erasmus.

Currency fluctuations in markets outside South Africa have been problematic for SA companies. For example, Massmart reported last quarter foreign exchange losses from its regional operations, including Zambia stood at R381.1 million for the first quarter of 2022.

MY CONCLUSION: It will always be about SA Companies making huge profits to send back to SA. They come first and their Zambian customers second. Tusalapuke.

#ShopriteMustReducePrices(again).

MBS07.09.2022

High Court has discretion to hear appeal filed out of time, Mulife tells Lusambo

By Mwaka Ndawa

THE Economic and Financial Crimes Court has thrown out an application by former Kabushi PF member of parliament Bowman Lusambo.
Lusambo had asked the court to dismiss an appeal by the Anti-Corruption Commission (ACC), challenging the decision by magistrate Albert Mwaba to discharge the warrant of seizure which gave it authority to place his house in Chamba Valley under its control.
The court has ruled that it has power to determine an appeal which has been filed out of time.

Judge Kenneth Mulife, on behalf of judge Pixie Yangailo and Susan Wanjelani, said magistrate Mwaba misdirected himself when he directed the ACC to file ex-parte summons for leave to appeal out of time.

This is in a matter where the Director of Public Prosecutions, on behalf of the ACC, has appealed magistrate Mwaba’s decision to discharge the warrant of seizure, arguing that it served the same purpose as the restriction notice issued by the director general of the Commission.
The DPP argued that magistrate Mwaba fell into error when he held that both a warrant of seizure and a restriction notice issued under the ACC have the same effect.

According to the Zambian laws, a warrant of seizure issued by a court and a seizure notice issued by the director general of the ACC have different dates of expiration, though they serve the same purpose of restricting the use and transaction of property under investigation.
A restriction notice issued by the director general of an investigative wing of the State expires after 90 days, and upon expiration, the owner of the property can perform transactions in the absence of a warrant of seizure

The warrant of seizure issued by a court has no specific expiry date as it remains in force until a matter is disposed of.
Lusambo opposed ACC’s intention to appeal magistrate Mwaba’s decision out of time.

He raised a preliminary issue asking the court to determine whether the proceedings were criminal or civil in nature.
He also wanted the court to determine whether or not it can determine the ACC’s application for its intended appeal to be heard out of time.
ACC prosecutor Edwin Mbewe, in his response to the preliminary issue, argued that the proceedings were criminal because the disputed ruling of the magistrate classified the proceedings as criminal, a position which prompted the ACC to anchor its appeal in the criminal jurisdiction pursuant to Sections 321(a) and 324 of Cap 88.

Lusambo’s lawyer Nkhula Botha argued that the proceedings are civil as the originating process, being the affidavit in support of the subject of the warrant of seizure, indicates that the matter was taken out in the civil jurisdiction of the lower court.

He submitted that the court that should hear the application to appeal out of time is the Subordinate Court and not the Economic and Financial Crimes Court because the record of appeal (ex-parte summons for leave to appeal out of time) indicates that the application has not yet been determined by the lower court.

Mbewe argued that the ACC took out the ex-parte summons for leave to appeal out of time only because it was wrongly directed to do so by magistrate Mwaba and the same summon was never heard.

He said instead of hearing the application, the court transmitted the record of appeal to the EFCC and there is no application pending before the Magistrates’ Court.

Ruling on the matter, judge Mulife said magistrate Mwaba’s ruling indicates that the lower court was exercising criminal jurisdiction when it presided over the matter.

“By the proviso to section 322 of the Criminal Procedure Code (CPC), the High Court has discretion to hear an appeal that has been filed out of time. A determination of whether the proceedings are civil or criminal, is in our view, not guided by the captions on the originating processes or any other document on the record of appeal,” judge Mulife said. “It is guided by the law pursuant to which the matter was commenced and in the present case, such law is section 58(1) of Act no.3 of 2012, being the provision pursuant to which the warrant of seizure, which triggered these proceedings, was issued. Our understanding of the provision is that it envisages criminal and civil proceedings. We are of this view because the provision is intended to facilitate investigations into a suspected offence under Part 3 of Act no. 3 of 2012, namely whether or not the properties which are subject of the warrant of seizure were derived from corrupt practices.”
He said considering that the CPC governs the conduct of criminal investigations and trial, the investigations for which the subject warrant of seizure was obtained was criminal in nature.

“An appeal against the disputed ruling of magistrate Mwaba should be guided by the CPC, and since it was made out of time it should be guided by Section 324 of the CPC. The notice of appeal was correctly addressed to this court as the record discloses. We have jurisdiction to entertain the appeal and we are of the strong view that the proviso to section 322 of the CPC empowers us to determine the appellant’s application for this appeal to be heard out of time, without having to hear the parties,” said judge Mulife. “We accordingly invoke our discretion pursuant to the proviso to section 322 of the CPC to hear the appeal out of time. We find that there was a misdirection by the lower court when it directed the ACC to file ex-parte summons for leave to appeal out of time. Thus, the summons as well as Lusambo’s summons to set it aside, are of no effect.”

SHIBUKOMBE SCAMPERS FOR HIS LIFE NAKED AFTER PRESENTING K4 AS NSALAMU

Mufulira has gone viral after a marriage counsellor commonly referred to as shibukombe was seen racing in Zimba compound with his old birth suit during broad day light paving his way in Lunsonga.

According to available stories, this incident happened on 7th March, 2022 in zimba compound of Mufulira.

A middle aged man identified as Mupesa Kennedy standing for his cousin took nsalamu in the afternoon as they could not manage in the evening.

Grace Phiri, a 19 year old could not hold the joy, she kept smiling and blushing like a pure virgin before being exploited and dumped.

Mr. Mupesa in the company of his friends were warmly welcomed into the loosely structured name of a house which required them to bend half way to get inside.

The conversation was going well until Mr. Mupesa displayed the small white plates, a sign of accomplishment to many lazy ladies, and the mere display of the small plates forced the girl’s father to shower the visitors with sweet munkoyo and roasted chicken.

A few minutes later, the girl was called and as our culture entails she was asked if she knew where the nsalamu was coming from, like a desperate 39 year old woman with menopause in mind, she agreed before the father could reach the punctuation and everyone smiled.

An old family member from Grace’s family drew close and reached for the plates which were put in the middle of the room.

However, after uncovering the plates he found a k4 smiling at him, he went to the girl’s father and whispered in his left ear, they have brought a K4.

In rage, the girls father asked if the visitors came to mock his daughter and before they could respond chaos was already ignited as the father had already left his chair asking everyone to disperse.

Mr. Mupesa who is believed to be a typical Bemba rose from his chair and laughed at the response of the girl’s father.

“Are you selling your child?” he asked, “nsalamu could be any amount. Okay, we will top up another K2.” he said repositioning his cap.

Hearing these words angered the girl’s father who flew from his bedroom and took hold of bashi bukombe….

Heaven broke loose, punches and kicks were all over, old jackets scattered everywhere. It was a fierce fight no one has ever witnessed.

Women ran out of the house to call for help but it was too late. Before people could come in to help, the council of elders had scattered into different directions and Mr. Mupesa was seen scampering for his life naked after the alleged sound beating.

Meanwhile, lots of people have been left dumbfounded failing to understand who was in the wrong. Mr. Mupesa despite being injured reportedly managed to get the K4 as he ran out.

Tompo (c) 2022

Ukrainian WBO, WBA, and IBF heavyweight champion, Oleksandr Usyk has offered to help Anthony Joshua ahead of his much-anticipated heavyweight showdown with Tyson Fury by joining his camp and training with him.

Usyk beat Joshua via unanimous decision to capture the heavyweight crowns at the Tottenham Hotspur Stadium back in September, 2021.

The 35-year-old then convincingly conquered Joshua in August, weathering a ninth-round onslaught to close the show in the 10th, 11th, and 12th rounds. Usyk was expected to fight Fury but has had to rule out any such fight until 2023 due to injury.

Oleksandr Usyk offers to help train Anthony Joshua ahead of his potential heavyweight showdown with Tyson Fury

Instead, the WBO, WBA and IBF heavyweight champion of the world Usyk (20-0, 13 KOs), is keen to help Joshua in his next fight.

‘If he needs my help, I will go to his camp and help him. He is not 40 years old, he is 33, so he should keep working – Anthony, don’t stop,’ Usyk told Sky Sports via Boxing Scene.

‘I understand that he wanted to win against me, but Anthony can’t give up. He must go forward.’

Usyk was awarded a split decision win despite out landing Joshua 170 to 124 in the rematch in Saudia Arabia.

Joshua was clearly frustrated by the second beating and had a bizarre post-fight ‘meltdown’ in the center of the ring during Usyk’s celebrations.

Usyk, however, described Joshua’s outcry as ‘a mistake’, by saying: ‘It’s wrong to think that he had stolen my moment.

‘He said what he wanted. Thank God the victory was mine. Anthony cannot be judged by what he did – he is a top-level athlete and a good person. He made a mistake.

‘I’m sure he did it with no anger. He was disappointed with his defeat and he was sad.’

Fury revealed yesterday that his written offer to Joshua is a 60/40 purse split deal for a straight shot at his WBC heavyweight world title this year.

Joshua has since publicly accepted the offer and a fight is being planned for November or December.

A young lady repeatedly went back to Manchester City footballer, Benjamin Mendy’s Cheshire mansion despite him allegedly raping her there, a court heard.

Jurors at Chester Crown Court on Tuesday, September 6, heard the woman claim she ‘tried to block’ the incident from her mind and that she was always with friends when she returned to the house.

Jurors were also shown footage from a Manchester nightclub showing Mendy dancing on a table, with his trousers half-way down and his top off.

A month earlier the woman, aged 19 at the time, said she was raped by Mendy after visiting the same night club, China White, and returning to his mansion in Mottram St Andrew, near Prestbury.

After allegedly spending time in the swimming pool in his house, she went to a top floor bedroom to sleep and said she woke up to see Mendy raping her in the early hours of July 24, 2021.

Under cross-examination, Eleanor Laws QC, defending Mendy, asked the woman: ‘You find it difficult to explain why you went back, not once, 10 times to a house you say you were raped in?

She replied: ‘I tried to block this out of my mind and forget about it.’

Two other alleged victims who cannot be named for legal reasons – said Mendy forced himself onto them in the master bedroom and the downstairs office of his multi-million pound mansion. Both of them had a special locking mechanism, which created a ‘panic room’ in case of burglary which can only be opened from the inside not the outside.

Mendy’s lawyer, Barrister Laws, a woman, suggested the witness’ account of what happened, waking up to find Mendy raping her, was the ‘exact same’ allegation made by her friend, who the footballer is also accused of raping the same evening.

The defence counsel showed the witness some clips from mobile phones, CCTV footage and photos of her at Mendy’s house on different days after the alleged rape, showing her enjoying herself.

The witness replied: ‘Honestly, I have no respect for you as a woman to take that off my phone and play it in front of a room full of people.’

Jurors were also shown CCTV from inside China White nightclub, at around 6am on August 23, with the woman dancing, wearing a white bikini top with Mendy also present.

The video according to Ms Laws suggested she was ‘perfectly comfortable’ in Mendy’s company.

The woman replied: ‘He was around. I was with my friend.

‘That night he was so intoxicated he was falling over tables.’

Another CCTV video from the night showed Mendy dancing on a table in the club, with his trousers half-way down and his top off.

Ms Laws told the jurors that it was normal for people to do things they would not normally do when sober when in a drunken state

The trial also hears how Man City teammates Jack Grealish and Kyle Walker were at one of the parties held at his £4.8million mansion

Ms Laws asked: ‘You have assumed you can’t have consented?’

‘I didn’t, OK?’ the woman replied.

The woman said two or three months before the alleged rape, she had sex with Mendy, ‘like a one-night thing’ but that time she was sober and it was consensual.

Timothy Cray QC, prosecuting, asked the woman: ‘Why did you decide to tell in the end?’

‘I just thought it was the right thing to do, not just for myself. I’m not here to lie, I don’t want to put myself through this.’

Mr Cray continued: ‘What’s being said is, if you had been raped you would not go back to the house?’

She said Mendy was ‘very rarely’ at the house when she was present and she was never alone with him there.

Mr Cray added: ‘Why did you go back to the house in August?’

She replied: ‘I just went with friends, just… I don’t know.’

Mendy denies the rape, along with the rape of two other young women over the same 24-hour period at his home.

He also denies five other counts of rape, one attempted rape and a sexual assault, all relating to seven young women, between October 2018 and August last year.

His co-accused, Louis Saha Matturie, 41, denies eight counts of rape and four counts of sexual assault, relating to eight young women.

Rafael Nadal, a 22-time Grand Slam champion, might have called it quits as a tennis pro after being evasive when asked about his future.

After his shocking round four loss at the US Open on Monday evening, September 5, Nadal acknowledged he is unsure of when he would play again.

Nadal was beaten by local US athlete Frances Tiafoe in an amazing match at Flushing Meadows, when he was widely predicted to advance to the final.

Speaking in the post-match media conference, the 22-time grand slam winner said he would now rest his body and spend time with his heavily pregnant wife, Mery Perello, who was admitted to hospital two weeks ago for an operation.

‘As you can imagine, right now it is difficult for me to make a clear analysis of what my immediate future is going to be,’ he said.

‘Right now what I have to do is go home, I have much more important things to attend to than tennis.

‘It’s been a few months a little difficult in every way, this is the reality. And from there, start again professionally speaking and, on a personal level, finish with something that is important in my life, which is having my first son and trust that everything will turn out well.

‘I need to go back (home). I need to fix things, life, so I don’t know when I’m going to come back. I’m going to try to be ready mentally. When I feel like I’m ready to compete again, I’ll be there.’

Nadal almost retired in 2021 after a degenerative bone disease in his left foot forced him to miss Wimbledon and the US Open.

He returned to the court to pull off one of the most miraculous victories in tennis history at the Australian Open when he came from two sets down to triumph over Daniil Medvedev.

After claiming the French Open, Nadal was forced to withdraw from the 2022 Wimbledon Championships because of an abdominal injury.

Nadal says it is likely he will have a more involved role at the Rafa Nadal Academy he created with his uncle and first coach Toni in his home island of Mallorca off the coast of Spain.

One of its most recent high-profile graduates was Norway’s Casper Ruud who lost to Nadal in the French Open final this year.

‘I will always be involved with the Academy, which is a project that we started a few years ago and that is gaining more and more strength,’ he said earlier this year.

‘I even hope to spend more time on it than I do now as I continue to compete and travel the world.

‘Surely one day I will be a former elite athlete, but I will always be an athlete because sport is my passion and I will practice it whenever my body allows it.’