Vedanta the grave digger of Hichilema’s political career

By.James Musonda (PhD)

Socio-political anthropologist, Université de Liége, Belgium

Summary

This article argues that the political future and relevance of the Zambian president presently rests on the decision his government will make on Konkola Copper Mines. If they give KCM to Vedanta, Vedanta will be Hichilema’s political grave digger, and Vedanta’s capital will be the shovels with which Hichilema’s political career will be buried. If the electoral results since Zambia’s return to multiparty democracy in 1991, is anything to go by this claim is valid, as no party has won formed government without winning Copperbelt, which often vote alongside Lusaka, and to a larger extent, the Northeastern provinces.

Introduction

It is now roughly just three months before president Hichilema and the UPND clock one year in office. Yet, the new dawn government’s position on Konkola Copper Mines, remains at best, blurred, incoherent and inaudible, and at its worst, hopelessly absent. Compounding this silence, is the UPND’s uncoordinated public relations approach to governance rooted in keeping quiet and firefighting later. This is unfortunate because copper prices on the global market are unprecedentedly over the roof. Also, KCM has one of the richest copper deposits, the largest reserves, and third largest copper producer in the country.

This silence has coincided with the Zambian Court’s reluctance to make a ruling on the status of KCM ownership. Indeed, the doggy manner in which KCM was liquidated requires careful attention by both the judiciary and the executive. This is because any further mistakes can lead to unbearable legal costs for a country already struggling with over US$14 billion thoughtlessly borrowed by the PF, which was recklessly abused and corruptly spent. Add to this, the debt that the UPND has borrowed since it came into office, and the US$1.5 plus interest that ZCCM-IH owes to Glencore through an irresponsible acquisition of a company that within the first year of its acquisition made a US$91 million net loss.

Unfortunately, the delay and the silence is not solving any problems. If anything it is deepening the chronic anxiety among Zambian mineworkers and their families for whom uncertainty has become norm. This chronic uncertainty dates back to the sustained economic crisis from the mid 1970s to 2000 when the company was privatised, from mid 2000 when Anglo-American Corporation and its partners withdrew its capital and handed over the company to the government, during the ownership of Vedanta, to the present, under the controversial liquidation.

Instead of creating certainty and hope, the government’ loud silence has instead opened the space for Vedanta, the embattled owner of KCM to attempt to rebuild its reputation through misleading, misinforming and misrepresentation of facts. In this pursuit, Vedanta has sought, using back door means, the support of union branch leaders, who were made to issue statements in support of Vedanta’s return even when they were not legally authorized and, for misrepresenting the union position. These junior branch leaders have in the case of MUZ been subjected to disciplinary processes.

The mine unions are on record supporting the liquidation and the nationalisation of KCM. This is evident in various media statements in print, video and at radio stations. Vedanta has also sought the support of some poorly informed NGOs.
I argue that the political future for the UPND squarely rests on the decision they will make on KCM. Giving KCM to Vedanta will effectively make the UPND a one-term-party. This is because Vedanta carries a hugely turnished image, and anyone seen to associate with the company is likely to suffer the consequences. Here is why.

1. In 2014, a video clip went viral on the Internet showing Anil Agarwal, the majority owner of Vedanta, bragging about making an easy profit of $500 million each year from KCM, the mine he purchased for a mere $25 million.This is despite the company declaring losses every year, and failing to invest, and failing to bring in the FDI the company promised to develop the KDMP.

2. When Vedanta bought KCM, there was a one- year gap between development (the opening of the shafts) and production (the actual production of the copper ore), but starting from 2006, the gap had reduced to just one and a half months of reserves.

3. Instead of developing underground resources, Vedanta concentrated on the surface plant concentrator to process seven million tons per annum of ore it did not produce but purchased from other countries. Jobs were created in other countries at the expense of underground miners in Zambia.

4. Vedanta mismanaged the KDMP project. The initial aim of developing the KDMP was to increase production from two million tons of ore per annum to six million in the medium term and, in the long – term to nine million.
This was indeed very feasible given that at Nchanga the copper deposits are found near the surface and hence cheaper to mine. On top of that, prior investments by Anglo – American Corporation of $350 million before it abandoned the mine helped to modernize the shaft and infrastructure to better standards than during ZCCM.

5. But Vedanta adopted a “ruinous model of business” at Konkola Deep Mine Plant (KDMP) by turning operational revenue into capital. Instead of investing in developing reserves, Vedanta went to the open pit, took the ore out in the quickest way possible, got the money, and built the smelter. In so doing, Vedanta effectively changed the philosophy of the business entirely from a “mining”, into a “treatment facility”.

6. Vedanta changed the design of the mine by positioning the shaft in the wrong place. To better exploit the ore body located ten kilometers long from nose to end, Vedanta needed to develop the mine to create a broad base of ore to feed processing. Instead, Vedanta dug a very steep gradient (what experts call “diving in.”), took the ore out, leaving behind a lot of waste for a future producer to take out. In doing so, they shifted the center of gravity, sinking a shaft over one kilometer with no ore in between the two ends, where there are ores (Lee 2017, 69-70).

7. In 2014 KCM announced its intentions to retrench an excess of 1,529 employees.

8. The government immediately commenced an audit of the entire operation of KCM. The audit revealed: high indebtedness and the threat of insolvency. The total liability of the company as of 30 September 2013, stood at US$1.567 billion exceeding its current assets by US$123 million. It was also under the threat of receivership from Standard Bank for defaulting on its US$700 million loan.

8. Yet Vedanta was unconcerned. For example, in September 2011, Vedanta prematurely recalled the US$500 million loan it had given to KCM earlier which was supposed to have been repaid in 2012.

9. Vedanta also failed to fulfill its commitment to inject US$397 million into KCM as FDI.

10. Instead, the company used all the funds it generated within KCM towards capital projects. This deprived the company of the necessary funds for operations, and maintenance.

11. The investment into KDMP was further delayed by about seven years mainly due to design challenges and resource mobilization resulting in increased cost of sinking of shafts, development of the ore resources, and a loss in excess of four million tonnes of ore anticipated per annum.

12. Vedanta’s failure to properly manage its contractors, coupled with its failure to purchase or maintain its own equipment further undermined its production capacity. Hence potential loss of possible jobs, and tax revenue.

13. The government’s efforts of reviving the company by providing it with a Business Improvement Plan (BIP) to increase production from 132,318 tonnes of finished copper in 2013, to 178,994 tonnes by 2017 were frustrated by Vedanta’s failure to fulfill its commitments resulting in a further decline in production to 86,585 tonnes.

14. In 2018 the Zambian government had no option but to threaten the repossession of the mine. But this did not result in any improvements forcing the government through its minority shareholder, ZCCM-IH to commence the liquidation of the company.

15. At the time of liquidation: KCM’s debt had exceeded UU$2.5 billion; developments at KDMP had stalled; underground operations at Nchanga suspended, while the open pit was operating at very low capacity; the smelter was not running at full capacity due to lack of concentrates. The company depended on imported concentrates to run and operate the mine; the acid generation at the acid plant had declined alongside the reduced operation at the smelter.

15. This resulted in declines in the operations at the tailings leach plant which requires a lot of acid to treat the Chingola refractory ore from the surface dumps basal sandstones and other sources from Nchanga ground; the Nkana Refinery in Kitwe was on care and maintenance while the company continued to export copper anodes; Operations at the Nampundwe Mine slowed down; annual production dropped from 191,685 metric tonnes in 2014, to 97,946 metric tonnes in 2018.

16. In other words, Vedanta failed to run a company with over 280 million metric tonnes at Konkola, with an estimated lifespan of over fifty years and in excess of over 53.9 million metric tonnes at Nchanga Mine.

17. In 2006, the KCM under Vedanta polluted the main source of water in Chingola in which most people depend for water for their everyday consumption. The company was found guilty by courts in Zambia and the UK. Vedanta fiercely and expensively claimed innocence and appealed the court rulings in both Zambia and the United kingdom instead of taking responsibility and sympathising with the poor women, children, the disabled, poor villagers, retrenched miners and the old people living in Chingola.

18. Put simply, Vedanta failed to run KCM: profitably and technically; pay taxes; offer decent employment to its workers; pay contractors; repay its loans and prevent pollution from affecting poor communities. In May 2019, the Zambian government announced the liquidation of the company because of the company’s alleged environmental and financial regulation breaches.

19. Throughout its existence Vedanta has been reluctant to pay taxes by declaring losses amidst growing suspicion of tax evasion and avoidance.

These reasons do not paint Vedanta as a good investor and this claim is consistent with my ongoing ethnographic research among KCM employees and their families. What is likely to happen if Vedanta comes back is as follows:

a) Most people will associate Hichilema with the Vedanta’s bad name

b) Given its record of fulfilling promises Vedanta is likely to fail to fulfill its promises. This will lead to growing frustrations and uncertainty among workers and their families and the Copperbelt in general.

c) Vendata will likely continue providing precarious jobs, and subcontracting workers on poor salaries

d) Vedanta is likely to continue to arm twist the government when it comes to taxes, especially during elections by threatening retrenchments or to leave the country forcing the government to avoid any tax raises.

e) On 7 August at Parklands Secondary School in Kitwe, Edgar Lungu accused Hichilema of receiving money from Vedanta for campaigns and of promising to give KCM back to Vedanta. Giving back KCM to Vedanta is likely to give life to these accusations no matter how baseless they may look at the moment.

Way out
1. The government waits upon the court ruling which may give KCM to Vedanta on top of compensation and courts
2. Build a strong case against Vedanta to secure a legally enforceable liquidation
3. Secure a negotiated settlement with Vedanta that will see Vedanta disappear from the list of owners. This will mean finding money. Vedanta is unlikely to agree given the high copper prices at present.
4. The government just seats and does nothing and achieves nothing.
5. Government finds the money to pay off Vedanta and to recapitalize the company.
Government finds an alternative investor other than Vedanta to clear Vedanta and invest new money to revamp production and pay off all the debts (I do not favor privatization).

Conclusion
Vedanta remains a potential grave digger of the UPND and president Hichilema. It is upto them to make the right decision because in a democracy, those who suffer political deaths, are also required to attend their funeral and mass burial. This is what happened to Lungu during the inauguration of Hichilema. Also, the UPND should not allow a situation where people start to miss the PF. That would be disastrous for all of us.

Free advise from a concerned patriot. James Musonda

Who is Greg Mills and what’s his role in the UPND govt?

By Diggers Editor,

10th May 2022

OPINION

RECENTLY when the President officiated at the Media Conference in Lusaka, he spoke strongly against publishing information that tends to agitate members of the public without making an effort to verify. The good news is that journalists are always eager to ask questions. The bad news is that those from whom answers are expected prefer to either remain mute or to give false information.

An example of what we are talking about can be the case at hand. Our investigation has yielded information that is pointing to a worrying relationship between the President of the Republic of Zambia and the Oppenheimers’ Brenthurst Foundation. In particular, our findings are raising questions around a man called Mr Greg Mills who happens to be the director of the Brenthurst Foundation. This man has been frequenting Zambia since the UPND formed government.

We have looked on the Brenthurst Foundation website and we have seen that it is a South African based organisation and there is no Zambian among the employees listed as team members. They are all South African, save for two staff members who are Ghanaian. The website also lists a group of board members. We noticed some famous names such as former Nigerian president Olusegun Obasanjo, former president of Liberia Ellen Johnson Sirleaf, former South Africa president Kgalema Motlanthe and a Mr Jonathan Oppenheimer among other powerful names. But there is no Zambian representing Zambian interests on that board. The Brenthurst Foundation website goes further to list individuals across the world whom it considers as its associates. There is an American, a Rwandese, a Mozambican, a Congolese, plenty of South Africans, even a Malawian. But there is no Zambian listed as their associate.

Meanwhile, things are happening here in Zambia and Brenthurst Foundation is at the centre of it. What is going on? Mr Greg Mills, the boss at Brenthurst Foundation has been frequenting Zambia in a manner that is raising eyebrows. Word around the corridors of power is that he has an express pass in and out of the Community House where our Republican President lives. We are being told that he is even involved in the crafting of the economic reform programme for Zambia. We would like to hear from President Hichilema. Is this true? If it is true, then let him explain why. Is it that he doesn’t trust our Zambian technocrats to do the job? Who are these people and what is their agenda in Zambia? What discussions are they having with our elected leaders?

Not long ago, there was an unannounced ‘security meeting’ organised by the Brenthurst Foundation in the Lower Zambezi which President Hichilema attended. It so happens that the host for this ‘security meeting’ was Royal Zambezi, a lodge that is owned by First Quantum Minerals. Not long after that ‘security meeting’ we were hearing that First Quantum Minerals is pledging over a billion dollars worth of mining investment.

Mr President sir, what was really being discussed at that meeting between yourself, Brenthurst and FQM? Is it okay that you should attend such a meeting without disclosing it to the public? We have asked Honourable Situmbeko Musokotwane to explain what role Mr Greg Mills is playing in the UPND government, especially in the negotiations with mining companies regarding tax concessions, but the minister says there is nothing of truth in all these allegations. Is he suggesting that we are hallucinating? Are we so crazy that we are pointing at a non-existent Greg Mills in our country?

We have observed that the meeting held by the President at Lower Zambezi took place against the background where it seems technocrats were being pressured to give all kinds of concessions to First Quantum. How can our technocrats negotiate freely and in the interest of our country when the people they are negotiating with are having secret meetings with the Head of State? What is the role of Mr Greg Mills in these negotiations?

Our investigations suggest that when these negotiations are being done between our government officials and the investors, Mr Greg Mills is present. Is this true? We know that a process is underway if not already concluded where FQM shall be given tax concessions for as many as 10-12 years. Please tell us that this is not true. This is one time when we hope our investigation is wrong. Since the President says he doesn’t like us agitating the public, let him respond to these allegations. Let him explain to his Zambian voters how he knows this Greg Mills and what kind of business is of interest to him in Zambia.

One thing that President Hichilema should not underestimate is our people’s resolve to defend their resources. He has no right to give away tax revenues in the name of attracting investments. If he goes ahead with this, he will be conceding to state capture. As we stated in our editorial opinion yesterday, those who fund political party campaigns have a tendency of attempting to influence tax policy in their favour once their candidate is elected into power.

To quote the words recently attributed to Rwanda’s President Paul Kagame: “It is the worst form of criminality for any leader in Africa to give tax concessions to companies for them to mine without paying taxes.” We also agree with President Kagame when he says “some leaders are comedians because they prefer to remove subsidies on commodities but give tax breaks to mining giants”.

Our people will not accept deals that are being negotiated secretly with the help of individuals who have no loyalty to Zambia. People like Mr Greg Mills, may be friends to the President, but they owe us no patriotic duty. It is unacceptable that such an important task should be ceded to them. What we are hearing about the negotiations with FQM are a clear indication that there is a failure to manage the economy, the same sector they told us they were going to fix. President Hichilema and his government should not be allowed to repeat the privatisation era mistakes that have cost this country so dearly. Mr President, fix the economy, but don’t give our money away to FQM. Keep Mr Greg Mills as your private friend, but let him not be the one to draft our economic reform programme. Zambians voted for you, not Mr Greg Mills.

DIGGERS EDITOR

IT’S BOZA. FQM IS PUTTING BUTTER ON OUR FACES

By Miles B. Sampa, MP

Foreign Mine Investors are like a Religion with one doctrine. ‘Thou Shall be Clever and Pay close to Zero Tax’.

The over $1BN FQM promissory ‘investment’ into our Copper still underground will be spent on equipment and machinery bought from group companies abroad. They also ‘pay’ 16% VAT on their operational costs like ZESCO power, cement or other local goods. Then FQM will claim 16% VAT on their ‘capital goods’ and operational costs. Since ‘their’ Copper is sold abroad, they will pay 0% VAT and then owed hugely (16%- 0%) on VAT Refund from ZRA or our Treasury. As it is, their promissory over $1BN investment is on condition that the Zambian Government starts paying their backlog VAT refund that is in billions from explained book keeping tricks globally called Transfer pricing or ‘Clever’ accounting.

Once ‘refunded’, they will then ship the same equipment out of Zambia to another Country of their Copper ‘investment’ interest to claim similar tax benefits.

Easy money made or taken from Zambians by FQM and zero actual money brought into Zambia by FQM.

This Copper mining industry can be a ‘mafia’ World. One needs welding goggles or reverse sparks can burn their eyes. Yes it’s not a today but historical problem. We tried with the SI 55 about 2012 that got reversed within 2 weeks. Then we tried with the Sales Tax about 2018 to replace VAT for mines but also got reversed within 2 weeks. Yes the Mines ‘Mafias’ are that powerful.

At the rate recent events in the mining sector are going, can our current Government even introduce a single reform that would not be in the interest of these Mine owners but pro Zambians, the answer is a big No. Maybe they are wise. Don’t play with the Mineral Mafias. Safety ‘kulisunga wemwine’. Since Patrice Lumumba Congo DR has permanently been arm twisted on their Copper.

The notion that these Copper mine investors once given tax concessions will help boost our Copper production from below 1 million to 3 million metric tones is a myth.

After 10 years when the tax concession expires, they will bolt (run away) like Anglo America did on KCM, Glencore on Mopani and Vedanta was about to do on KCM by first attempting to arm twist Government and not pay incremental tax. That was when Boma said enough was enough and moved in via receivership to recover ‘hidden’ or withheld tax for Zambians.

It’s a closed global money shop and the Mines Global cartel together with their big ‘uncle’ IMF would and will never allow us to re-own and run Mopani and KCM mines given the sudden surging copper prices arising from the Ukraine war and demand for electrical car batteries made from Copper cathodes.

Meanwhile as at today when Mopani
and KCM are technically being run by our own Muntu Zambians, my estimation is that they are each making about $100 million turnover per month. Both mines have documented copper reserves underground that can be mined for at least the next 25 years. Yet to be detected reserves is another 50 years for each.

These mines are very viable or bankable projects. Zambia can seek capital injections with this ‘viable mines’ story direct from the same global Banks where these briefcase investors borrow from. They come empty handed and use these mines ‘viable story’ to borrow upfront.

I believe and dream however that One day, We will rise like an Eagle to be like the number one global Copper producer Chile based in South America. Chile Copper status was same as Zambia 30 years go but while we have remained at the same level below 1 Mt/a, they are now over 3 millions tones in productions much to the benefit of its citizens. This so only because they were proactive in saying NO to foreign dodgy investors and own most of their Copper Mines.
One day in Zambia oloso, ‘what belongs to Caesar will be paid to Caesar’.

Make no mistake. These Mine Foreign Investors pay a lot of cash dollars to some amongst us to defend them when one amongst us try to speak against their doctrine of ‘thou shall be Clever and Pay close to Zero Tax on their Copper’.

Zikomo🙏🏽 for reading the plain truth anyways.

Together We Can

MBS10.05.2022

If HH fails…..

By Dr. Brian Mushimba

I agree with the notion that if HH fails to deliver on the massive mandate the voters gave him last year, it will be by choice.

Unlike KK in 1964, HH inherits a different Zambia at the precipice of greatness and blessed with tremendous, competent, experienced and mightily upgraded human capital, hordes of youths full of vigor and energy ready to be deployed.

The expertise that is available to him spreads distances. You literally can find a Zambian anywhere you go today in the world. They are also doing very well and impacting those communities and driving production. Many are right there at home holding fort and giving all they got in difficult terrain. We applaud and celebrate them them 🙌🏾 🙏🏾. The ones abroad are at the IMF and world bank as experts. They are at the CDC in Atlanta as medical research experts. They are in Australia and Arizona as mineral extraction experts running some of the biggest and most complex mining operations. They are in Canada designing the next microwave applications. They are in the UK performing the most complex medical surgeries known to man. They are at Goldman Sachs in New York doing the most complex financial derivations and modeling futures.

They are everywhere, these Zambians 🤗!

The only way our president then fails is if he doesn’t allow himself to access these Zambian experts that are at his disposal to augment the teams that he currently has so they all support him execute his vision. The only way he fails is if he fails to unite the nation, fails to heal the nation or fails to be the father to all the citizens irrespective of politics. The only way he fails is if he makes the same mistakes the previous govts made. The only way he fails is if he looks at citizens and divides them based on which party they belong to or belonged to; forgetting that all are Zambians first and want the best for Zambia. Past mistakes must be learnt from and not used to justify present mistakes 🙏🏾.

We are hopeful he will not fail. His success, as we have said many times, is all our success.

I come in peace.

Zikomo 🤝🏽

#TeamZambia
#OneZambiaOneNation
#AsanteSana

Veteran politician and former diplomat Vernon Johnson Mwaanga has said when a country chooses non-alignment on matters of global peace and security it should not be confused with neutrality.

Citizens have been debating Zambia’s decision to vote in the United Nations General Assembly that Russia withdraws from attacking Ukraine earlier in March, 2022.

Some Zambians have condemned the government of the Republic of Zambia for voting against Russia arguing that the state should have remained neutral in the Russia/Ukraine conflict.

The United Nations General Assembly adopted an important resolution which was voted in, demanding that Russia withdraw from Ukraine.

141 countries voted for the resolution while 35 states abstained and 5 states voted against it.

In a written statement, Ambassador Mwaanga, the ex-Zambia’s envoy to the Soviet Union, said even though it is undeniable that the non-aligned countries have made significant contributions towards making the world a better place, their position has not necessarily contributed to making the world safer or saner.

“I have been following the local debate about non-alignment and whether it is synonymous with neutrality. I decided to share my own views and facts, which I have extensively written about over the years. When the “like minded” third world countries first met as an informal grouping in Bandung, Indonesia, in 1955, they decided that they would be non-aligned. This was at the height of the cold war between the East and the West. The West described this decision as meaning “neutrality”. The East was suspicious of this new force of non-aligned nations. At their first formal meeting of non-aligned nations held in Belgrade in the then Yugoslavia( now Serbia) , they became clearer about not belonging to neither the west nor the eastern blocks. This conference of non-aligned nations was attended by prominent leaders such as Presidents Kwame Nkrumah of Ghana, Sukarno of Indonesia, Gamal Abdul Nasser of Egypt and Prime Minister Jarwalal Nehru of India . They declared that they would pursue foreign policies based on ‘peaceful co-existence’, Dr. Mwaanga wrote.

“A few years ago, I addressed a 3000 strong conference of young people in Bandung, Indonesia, from non-aligned countries. Some of these young people also thought that non-alignment countries represented “neutrality”. After the Belgrade Conference of 1961, clearer definitions began to emerge. They made it very clear that non-alignment was not neutrality. At no time at the height of the cold war did the non-aligned nations take sides with the West or the East. It has been the tradition of non-aligned countries in multilateral organisations like the United Nations; always study issues presented on merit and make a determination of what is in the best interests of regional and world peace. They take into account the facts and merits on the ground’s must be quick to point out that they don’t always come to the same conclusions on all issues, as was the case recently in the United Nations General Assembly, where they were discussing Russia’s invasion of Ukraine, where non-aligned nations took different positions and voted differently,” said the former Foreign Affairs Minister.

“Let it be clearly understood that non-alignment is not and has never been neutrality. This position was affirmed by the 2nd Non-Aligned Conference which was held in Cairo, Egypt in 1964, upheld this position. At subsequent conferences in Lusaka, Zambia in 1971 and Kuala Lumpur, Malaysia in 2003, reaffirmed the relevance of the non-aligned movement and its contribution to the maintenance of international peace and security in the 21st century. It is undeniable that the non-aligned countries have made a very significant contribution towards making the world a better, but not necessarily a safer or saner place,” Dr. Mwaanga concluded.

By Amb. Emmanuel Mwamba

President Hakainde Hichilema has repeatedly prided himself as Chief Negotiator or Chief Marketer or CEO of Zambia.

It appears he has taken this role literally when it comes to Mopani and Konkola Copper Mines.

But let’s walk back in memory lane.

Before Privatisation, ZCCM was not only a mining company.

The company was a prized national asset and provided a cradle-to-grave welfare system. It subsidised housing with water and electricity, ran hospitals, schools, sports facilities and social clubs for mineworkers and their families.

Many people on the Copperbelt remember this golden age in mining and have nostalgic memories of ZCCM.

To sell the mines, the Government of President Frederick Chiluba had to do more than follow the law.

Other than using the Zambia Privatisation Agency, a negotiating team was appointed by Cabinet headed by former long-time CEO of ZCCM, Francis Hebert Kaunda.

To hear that President Hakainde Hichilema is doing this similar process to dispose off both Mopani and Konkola Copper Mines outside Cabinet and outside the law is a matter that calls for immediate attention by all stakeholders.

In their editorials, both The Mast and News Diggers have made reference that President Hichilema is using some of his well-known friends or business partners and sadly, officials from that sinister imperialist NGO called Brenthurst Foundation as obscure and negotiation teams for both Mopani and Konkola Copper Mines.

This is heartbreaking.

He is not only breaking the law, he is playing with political fire.

We have heard of Foreign advisors, secretly appointed and on a private payroll, occupying and playing advisory role at State House.

It’s time the President came clean on this matter.

State House is a seat of power in our country and we must demand for answers when unorthodox and unlawful processes are being conducted and being perptrated by the President himself.

The President is advised to return to lawful, transparent and accountable means and to engage Cabinet and other institutions purposefully created to support the Presidency as provided for by the Constitution.

Mopani and Konkola Copper Mines are regarded as valuable and national strategic assets and a bare minimum standard of transparency is demanded.

MR. MICHAEL SATA’S PATRIOTIC FRONT

The term Patriotic Front was earlier used by the two sister liberation political parties that fought for Zimbabwe’s independence, the Zimbabwe Africa National Union- Patriotic Front (ZANU-PF) headed and by Robert Mugabe in Mozambique and the Zimbabwe Africa People’s Union-Patriotic Front (ZAPU-PF) headed by Joshua Nkomo in Zambia and Mr. Sata coined the name of his party from these two.

The Patriotic Front (PF) was formed by Mr Michael Sata as a breakaway party of the Movement for Multiparty Democracy (MMD) after the President Frederick Chiluba nominated Levy Mwanawasa as its presidential candidate for 2001 elections. Mr Sata was a very influential man very close to Mr Chiluba in almost the entire reign of Movement for Multi-Party Democracy (MMD).
The Patriotic Front was formed as a political party in 2001. In 2000, after Chiluba lost a bid to change the constitution to allow him to stand for third term, Mr. Michael Sata thought he would be endorsed as the MMD presidential candidate. At a secret ballot, Chiluba personally nominated Mwanawasa and voted for him to be the presidential candidate. Angered by this turn of events, Mr. Sata quit the MMD and founded the Patriotic Front (PF). At the same time, notable figures like Christon Tembo, and Edith Nawakwi formed the Forum for Democracy and Development (FDD) party and Godfrey Miyanda formed the Heritage Party. Mr. Sata became leader of the PF and was its presidential candidate for the 2001 general elections; he received 3.4% of the vote, finishing seventh out of the eleven candidates. In the National Assembly elections the party received 2.8% of the vote, winning a single seat, Lupososhi constituency which was won by Emmanuel Mpakata making him the first Patriotic Front member of parliament.

The late creation of the Patriotic Front in the election year of 2001 contributed highly to its dismal performance in those elections. After the 2001 elections, Mr Sata did not rest but continued to campaign for PF and he gained a lot of support over this period. Mr. Michael Sata was the presidential candidate for the 2006 and 2008 Presidential elections in which he came second with results having been morally challenged by many as not being free and fair.
The Patriotic Front won the next presidential elections of 2011. Mr. Sata was sworn in as republican President and brought in a new flare of hope and new vision to Zambian politics with the support of many. He promised to end poverty for the poor by “putting money in their pockets” and this caught up with them.

Unfortunately Mr. Sata was caught up in ill-health and only ruled for three years. He died in October 2014 and his mantle was passed over to his former Minister of Home Affairs Edgar Chagwa Lungu. When Mr Sata left for medicals in the United Kingdom in October 2014, he left the presidential instruments of power with Edgar Chagwa Lungu and this he did even on other previous occassions. Supporters of Mr. Lungu interpreted this that Mr Lungu was Mr Sata’s choice because of the confidence he had displayed in him. When Mr. Sata died, scuffles arose between pro-Lungu supporters and other camps that were in contrast to this notion. As per Constitution Mr. Guy Scott took over as President for the period until elections. The Patriotic front needed to choose a new President, many came up forward to try and stand as PF presidential candidates, but Mr. Edgar Chagwa Lungu, supported by the PF chairperson Inonge Wina took the lead in support. He won a nomination through a controversial general conference and his nomination had to be ratified through the courts because of legal challenges. Mr. Edgar Chagwa Lungu stood as the party’s presidential candidate in 2015 and won and was sworn in as President. He also stood and won the 2016 elections but brought the reign of the Patriotic Front party started by Mr. Michael Sata to an almost tragic end when the Patriotic Front lost by a difference of almost 1 million votes to Mr. Hakainde Hichilema of the United Party for National Development (UPND) in the 12 August 2021 Presidential elections and bringing to an end the Patriotic Front (PF) reign on Zambians. The Patriotic Front is now rebranding and preparing itself for the next elections in 2026.

In picture: Mr. Chishimba Kambwili at a Patriotic Front rally in Chiwempala on the Copperbelt in 2001 with the PF President Mr. Michael Sata (back to camera).

By The Candidates

CHINESE DISHONESTY ON THE LUSAKA-NDOLA CONTRACT

We jumpstart this journey of Punka Story with a reflection on the dishonesty surrounding the 321 km Lusaka-Ndola dual carriage road project which the former ruling party the Patriotic Front had awarded to China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC).

The contract was awarded at a cost of $1.2 billion.
When Hakainde Hichilema won the elections and government changed, this contract was reexamined.

Infrastructure Minister Charles Milupi has revealed that actually there are other contractors who are willing to do the road project at a cost of between $600 to $700 million than what China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC) was quoting the Patriotic Front government.

Road Development Agency sources have revealed that CJIC has suddenly become willing to undertake the same project at half the cost than what they earlier quoted.

Questions arise.

If China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC) initially quoted Zambians $1.2 billion to do the 321 km, what has made them to change and suddenly become willing to do the same project at half the price of $600 million?

Is this sudden change confirmation that this contract was dubiously awarded by the PF administration? And if it was dubiously awarded by the previous administration, what was CJIC’s own role in this dishonesty? Did CJIC act in the interest of Zambia?

This contract smells of corruption. And we know that for corruption to take place, two or more parties have to be involved.

This brings us to yet another important aspect about China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC).

CJIC has also built a number of key road projects and is currently constructing a government university in Kitwe, the economic hub of the Copperbelt. It is also building a pineapple processing plant in Mwinilunga, North Western Province. It has also built the Kenneth Kaunda International Airport at a questionable cost of $369,235,359. The Auditor General’s Report on Accounts of the Republic for the financial year ended 31st December 2020 initially raised alarm on this contract.

The report revealed that the decision to revise the contract between government and China Jiangxi Corporation for infrastructure upgrade at Kenneth Kaunda International Airport was not approved by government and had no clearance from the Attorney General.

The report stated that the contract price was first inflated at $385 million but was later reduced to $360 million and it was converted to a turnkey project.

Turnkey project is a contract under which a firm agrees to fully design, construct and equip a service facility and turn the project over to the purchaser when it is ready for operation. In this case, government of Zambia was the buyer.

In fact, when this contract was being turned into a turnkey, the final design of the facility was not yet approved by the government and therefore the contract price could not be justified. Further, there was no clearance from the Attorney General for change of the contract terms.

Then, the contract sum increased by $9,235,359 to $369,235,359 without the Attorney General’s approval whatsoever.

It is now very clear that whatever projects which China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC) involved itself into are laced with dishonesty.

EDITOR’S NOTES:

What is the relationship between China Jiangxi Corporation for International Economic and Technical Cooperation (CJIC) and the Patriotic Front party? It seems PF allowed CJIC to do anything wrong. Something is not right here.

By Dr Lubinda Haabazoka

My position on Zambia’s mining industry has always been the same. This industry knows no politics and is the main source of our forex in Zambia.

The mining industry under ZCCM contributed significantly to Zambia’s development agenda. I have done so many articles on the need to enhance Zambian mine ownership and it’s benefits for Zambia.

I am honestly exhausted and remain tired to lobby for a mining sector that can play a leading in our national development agenda under Zambian ownership.

History will definitely recognise me on the right side one day over this issue!

FQM announces a $1.2bn investment and everyone is jumping! On this issue you don’t even need a mining engineer or an economist to tell you the consequences. Just ask an accountant. A tax accountant for that matter. They will tell you the implications.

First Zambia doesn’t make any mining equipment so talking about the multiplier effect in the Zambian economy because of $1.2bn is pure naivety. Most of this money will be spent abroad but a mine in Zambia will have to bear the cost of refunding. Once you inject $1.2bn into a mine, it means no more playing tax because the expense becomes deductible under capital allowance. Mind you in this year’s budget, the period for capital allowance was increased from 5 to 10 years if am not mistaken. In simple terms, copper worth $1.2bn will first have to be mined to payback the $1.2bn before the mine considers paying any income tax! So it is safe to say that we should even forget about thinking of benefiting from high copper prices!

Then the $1.2bn is maybe a loan from somewhere so we also expect the interest payment burden to fall on copper that sits in Northwerstern province.

We have seen these billions announced before in Zambia. At Mopani I think it was $1.3bn but no one in kitwe or Mufulira saw that money.

I think we should not be naive. This is 2022. We have a well educated citizenry. But if you look at this from political lenses, you won’t pick anything.

Switzerland will continue developing while you continue having kandolo at breakfast.

The illicit financial flows and transfer price plus accounting tricks used to go around tax payments in the Zambian mining sector is far much more than those tuma small corruption cases we pursue against our own citizens!

Anyway, who am I really?

By Sean Tembo
WHAT KIND OF PRESIDENT DOES ZAMBIA REALLY NEED?

By Sean Tembo – PeP President

1. Today, our country faces huge economic challenges, with the majority of citizens being driven deeper and deeper into poverty and squalor due to the ever escalating cost of living. This is despite the equally huge economic potential that we have in almost all sectors of the economy such as tourism, agriculture, mining, etcetera.

2. Today, our country is divided into half. No citizen is seen as a Zambian. Every citizen is looked at through the lenses of either pro-UPND or anti-UPND. Our brothers and sisters from the Zambezi provinces of Southern, Western and North-Western are constantly fed the rhetoric that the rest of the Zambian people look down on them as second class citizens. Those who are wise can see through this empty rhetoric, but a good number of our brothers and sisters fall for it, hook, line and sinker. That is a very dangerous path which needs to be challenged and corrected.

3. Today, law enforcement agencies have been hijacked and converted into an appendage of the ruling UPND party. Instead of doing their work in an impartial manner, the Zambia Police, Anti Corruption Commission (ACC) and Drug Enforcement Commission (DEC) have been weaponized and used to crush political opponents, especially those who were aligned with the former ruling party. Opposition politicians are arrested in a dramatic fashion multiple times, and taken across the country in an attempt to exact as much extra-judicial punishment as possible. Bail, even when granted by a court, is delayed as much as possible on all sorts of flimsy reasons. Yet, when their time to appear in court comes, the State is not ready to proceed with the case.

4. Today, youths have been relegated to the backseat in terms of opportunities being extended by their Government. Instead of empowering the youths who have never had any opportunity before, the Government prefers to give opportunities to the same elderly people who had multiple opportunities in the past, and squandered them all. And yet, our youths are the biggest stakeholders in this country because they are going to live in this country longer than the elderly. Our youths are also at their most productive age, as they are vibrant, energetic and free from ailments that come with old age. And yet, they are sidelined.

5. This begs the question of; what kind of President does Zambia really need? On the economy, Zambia needs a President who will be visionary, courageous and competent. A President with enough foresight and imagination to envision how our country’s different types of potential can be woven together to create competitive advantage for us. A President who is audacious enough to believe that Zambia can become the largest economy in Africa in the next 20 years, and that our poorest citizens will at least be able to afford three square meals a day, have clothes on their back and shelter above their heads. A President who has the courage to deviate from the tunnel-vision of how things have always been done. A President who will inspire and catapult citizens into unprecedented levels of productivity, self-discipline and ambition. A President who will unlock the abilities of the Zambia people and help to convert the economic potential of our nation into actual wealth, for the benefit of citizenry.

6. On national unity, Zambia needs a strong minded President, and not one who wallows in self-pitty. A President who thrives on and enjoys our country’s wide tribal diversity and the 72 languages spoken across all corners of Zambia. And not a President who publicly complains at a press conference that his Tonga language is not as widely spoken across the country as Nyanja or Bemba. Of course in any society across the world, there will be some languages which will be more spoken than others. When you are a President, you do not need to use your platform to inflame your tribesmen into believing that their tribe has been sidelined by the nation, and that it is now time to claim their rightful position. No one should use the Presidency as a tool for advancing tribal superiority.

7. Additionally, Zambia needs a President who has a thick skin to distinguish between trifles and substantive matters. Not a President who convenes an entire press conference just to complain that he is being referred to as a cow, on account of his tribe. Well, late former President Frederick Chiluba was actually referred to as a monkey in a maize field. But he did not convene a press conference to complain that he was called a monkey on account of his Bemba tribe. Similarly, late former President Patrick Mwanawasa was referred to as a Cabbage. But not on a single day did he convene a press conference to complain about it. In fact, Mwanawasa joked about it saying; “after l develop this country, you’ll stop calling me cabbage and start calling me steak”. Those are the hallmarks of a statesman. One who is not bogged down by trifles and focuses on the bigger picture of delivering national development. In Chewa, we have a saying that; “mutu ukulu sulewa nkonyo”. Mutu = head. Ukulu = big. Kulewa = ducking. Nkonyo = punches. So you can do your own translation. Simply put, when you are a leader, you will always be subject to all sort of criticism. Some legitimate, some not. But you have a duty and obligation to rise above the pettiness and focus on leading the nation. As for me, if given a choice of what to be called between a monkey, a cabbage and a cow; l’ll choose a cow on any day.

8. On the weaponization of law enforcement agencies against the opposition, it is common cause that those are the traits of a dictator. I have always argued that our law enforcement agencies are largely professional and fully capable of doing their jobs without political interference. When they are operating independently, they are even more thorough than when they are under political pressure. The reason most of the sensational arrests fail to stand in court is because the law enforcement agencies are given undue pressure to make premature arrests even before investigations are properly concluded. When the docket is taken to DPP, it doesn’t usually have prosecutable evidence. And then you pile the blame on the DPP for failing to give consent to prosecute the cases in court. You are forgetting that you are the one who applied political pressure on law enforcement agencies to effect a premature arrest on your political opponents.

9. Personally l fully support the fight against corruption. Anyone who stole public resources in the previous regime should be prosecuted to the fullest extent of the law, and recoveries of stolen property made. But we need a President who can facilitate a corruption fight in a sober manner, without undertones of vengeance or retribution. For starters, the only time that any citizen is disposed of their house, car or bank account should be when they have been convicted in a court of law and the court issues an order for such forfeiture. Citizens should never be dispossessed of their property merely on the basis of an allegation. Property rights should be respected. Remember that what goes around comes around. How would you feel if one day after leaving the presidency, you are evicted from your house without any trial, on the basis that your house is suspected to be proceeds of crime from privatization? And then you take 15 years to prove that your house is not a proceed of crime, by which time the property is totally dilapidated. So let us always remember to do unto others as we would want others to do unto us. Zambia needs a President who will have no appetite for extrajudicial punishment before a conviction. A President who will uphold the fundamental constitutional principle of innocent until proven guilty. Only then can we build a better society for ourselves and our children.

10. On the sidelining of youths, in preference for the elderly; Zambia needs a President who believes in equal opportunities for all. There’s no question that the Government is the largest employer. There is also no question that the demand for Government jobs far exceeds the supply. Therefore, any Zambian who has previously had the opportunity to work for Government in the past should give room to those who have never had the opportunity before. It is unfair to keep recycling the same old people in Government positions while the youth are not given any opportunity at all. Personally am a strong believer that every person deserves an opportunity in life. If they properly utilize the opportunity and prosper, then that’s good. If they mess up the opportunity and go back to poverty, that’s well and good too. But the bottom line is that everyone deserves an opportunity. Therefore, the youths must be prioritized in any appointments made by a Government. Youth empowerment should never be an afterthought. Otherwise national development will remain elusive in this country.

/// END

SET 10.05.2022

Lusaka Lawyer Milingo Lungu has revealed that Solicitor General Marshall Muchende State Counsel, wrote a letter to the Director of Public Prosecutions Lilian Siyuni State Counsel requesting her to adjourn a criminal matter before Magistrate Felix Kaoma to facilitate the conclusion of the KCM negotiations.

And Milingo has insisted that the bargaining agreement was spearheaded by President Hakainde Hichilema’s Principal Private Secretary Bradford Machila and Special Assistant for Legal Affairs Christopher Mundia among others.

This is in a matter where Milingo has applied for a stay of criminal proceedings against him before the Magistrates’ Court pending hearing and determination of his petition.

However, the State has asked the Constitutional Court to dismiss his application to stay the criminal proceedings.

In response to the State’s application to dismiss his petition, Milingo has filed an affidavit in reply to affidavit in support of the respondents answer to the petition and opposition to the affidavit verifying cross petition dated May 4, 2022.

In this affidavit, Milingo the former KCM Provisional Liquidator has named others as Attorney General Mulilo Kabesha State Counsel, Solicitor General Marshall Muchende State Counsel, Director of Public Prosecutions Lilian Fulata Siyuni State Counsel and Natasha Kalimukwa Administrator General as people who spearheaded the meeting that negotiated the deal leading to his resignation.

According to Milingo, the bargain agreement led to his resignation as provisional liquidator, to enable him participate in the audit to reconcile his renumeration fees and any monies drawn with full and frank disclosure in exchange of the payment fees due as outstanding and dropping of any criminal charges and immunity/ indemnity, from prosecution in respect of any acts or omissions done in the performance of his duties as Provisional Liquidator of KCM.

He stated that his resignation was not unconditional as alleged by the Attorney General, saying the terms agreed in the meeting were reduced into two agreements, namely the consent settlement agreement dated 17 th March, 2022 and the Immunity/Indemnity agreement dated 22nd March 2022.

“That I am aware that following circumstances surrounding the bargain refered to above and in response to paragraph 13 of the affidavit in support, the DPP was well within her powers to issue a nolle prosequi. That I am advised by my advocates and verily believe the same to be true that contrary to paragraph 18 of the affidavit in support, the immunity/indemnity agreement refered to therein is valid and therefore, not illegal, not against public interest, is not void or unconstitutional,” Milingo stated.

And according to a letter dated January 7, 2022, addressed to the Director of Public Prosecutions (DPP) under the heading The People V Milingo Lungu, Muchende stated that his office was engaged in negotiations with the legal representatives of Milingo to buttress a decision for him to resign from his position as provisional liquidator for Konkola Copper Mines PLC (In Liquidation).

“It has been brought to our attention that there is a matter in which Mr. Milingo is scheduled to appear for plea on Monday 10th January, 2022, in the Lusaka Subordinate Court. We seek your indulgence to consider postponing the taking of plea to the 17th January, 2022, to allow my office, in collaboration with yourselves engage in and possibly conclude the afforemationed negotiations,” Muchende stated.

The said letter was also copied to Director General of the Drug Enforcement Commission (DEC) Mary Chirwa.

By Hon. Bowman Lusambo

The Cape Town Speech

Now that President Hakainde Hichilema has delivered his speech at the Africa Mining Indaba taking place in Cape Town, our immediate reaction is that he shouldn’t have spoken. At best, he should have delegated his Minister responsible for Mines Hon. Kabuswe to speak. The fact that the host President Cyril Ramaphosa choose to send his Minister for Mineral Resources and Energy Comrade Gwede Mantashe for the official opening ceremony, goes to reinforce our understanding that a serious President cannot spend four long days at the Indaba.

President Hichilema’s long winding speech was nothing but a wish list, a motivational speech, a load of make-feel-good words we have become accustomed to since he came into office.

It might have been welcoming to the delegates at the Indaba to hear an Africa Head of State speak ill of his own country by labelling it as corrupt on a global stage but for us, we see a man who is desperately seeking validation everywhere he goes.

His speech was devoid of any pragmatic, wholesome policy suggestions. President Hichilema spent the entire time saying what every body already knows.

For a good part of two years, both Mopani and KCM have been run by Zambians. Despite a few glitches which are expected in such big operations, the two entities have performed behind everyone’s expectations. The executive decision to take over the running of Mopani and KCM have demonstrated that Zambians are capable of running our own mines but as expected, the President is too embarrassed to accept this fact but he is too quick to parrot the narrative that only foreigners can run our mines. He spent a good part of his speech pleading for foreign capital. The globally accepted standard which at the very least the UPND administration will do well to adopt is foreign investment with local participation. The model that President Hichilema is pursuing over our mining assets has been tried before and has delivered miserably for Zambians. The conversation should be about indigenous Zambians taking a lead in running our mines with support of foreign entities for purposes of capital accumulation and technology transfer.

The only part of the speech we agree with President Hichilema is when he says he finds it embarrassing that Africa with all its riches, is still a very poor continent. It is indeed very shameful that we have a President who agrees not to tax mines during the time of the highest copper prices in history, in the process, he makes his country loss K3.2 billion of guaranteed tax returns and then goes to Cape Town to worship FQM for merely promising to invest US$1.2 billion into its operations in Zambia.

It’s actually an embarrassment that we have a President who doesn’t realize how unwise his act of introducing the deductibility of mineral royalty for corporate income tax assessment purposes at a time like this makes him appear.

President Hichilema may use all the good words to mask his ineptitude towards managing national affairs, maybe the people gathered in Cape Town might fall for those words but for us, we know him far too well.

Our only appeal is that now that your hollow speech is over, it is time to return home. You are clocking a year in office in under 90 days and you have not even fulfilled any of your campaign promises.

Sir, come back home and do some real work, for once.

In its two (2) Reports presented to the Republican President, Judicial Complaints Commission (JCC) Chairperson Vincent Malambo said there was need to send a strong message that corrupt judges belong to the jungle and not society. The article below attempts to provide answers on the legal mechanisms that can resolve judicial incompetence.

LEGAL MECHANISMS THAT CAN RESOLVE JUDICIAL INCOMPETENCE.
By Griven Stasion Kangwa, Esq. LLB, LLM-Commercial Law, AHCZ, ASCZ.

Independent, impartial, honest, and competent judges in the administration of justice serve a major role in the confidence the public have in the judiciary. It has been said that “Justice must not only be done but must also be seen to be done.” This means that the perception that the public should have of the judiciary, which body they look to for enforcement of their rights, should be that of the custodians of justice.

Despite several decades of reform efforts and international instruments protecting judicial independence, judges around the world continue to face pressure to rule in favour of powerful political or economic entities, rather than according to the law. It has been noted that a pliable judiciary provides ‘legal’ protection to those in power for dubious or illegal strategies such as embezzlement, or political decisions that might otherwise encounter resistance in the legislature or from the media.

John Sangwa, S.C argues that the procedure for the appointment of judges is a sham as it is not transparent nor fair thereby eroding the independence and integrity of the judiciary. Prof. Cephas Lumina and Melvin Mbao, on the other hand, argue that the process for the selection and appointment of the judges should be consistent with internationally accepted norms and there is need for transparency in the process.

It must be noted that the current legal framework empowers the president in consultation with the Judicial Service Commission (JSC) to appoint Judges, this is provided for under Article137(2) of the Constitution Act No. 2 of 2016. Further, Section 5 of the Service Commission Act No. 10 of 2016, provides that the President shall appoint the Chairperson of the JSC.

Though the foregoing provisions, seem to suggest that the appointment of judges is a closed-door process. Section 41 of the Services Commissions Act on the other hand, provides that the Commission in consultation with the Minister may make regulations for the better carrying out the provisions of the Act.

In view of the above, it is evident that an open and more transparent process of appointment of judges can be achieved under Section 41 of the Services Commissions Act. Further, several scholars have highlighted factors that have affected the performance of the judiciary thereby making the public lose confidence. Thus, when the public have a low opinion of judges and the judicial process, they are far more likely to conclude that the decisions only favor the ruling class. To this end, the legal mechanisms that can resolve judicial incompetence are set out below.

Open and Transparent Process of Appointment of Judges.
To ensure general transparency regarding the appointment of judges, judicial commissions should advertise judicial vacancies and conduct an open process. The commission may consider various forms of evidence when evaluating a candidate, including application forms, references, background checks and, in some cases, written tests. It is generally desirable that a commission should interview a shortlist of candidates prior to making its selection.

In a small number of jurisdictions, such interviews are held in public. Individual transparency of this kind exposes both the candidates and the commission to public scrutiny, which may be particularly beneficial in transitional societies. In Bryan v United Kingdom the Court set out principles to be taken into account in establishing the independence of the judiciary, including the manner of appointment of its members and their term of office, the existence of guarantees against outside pressures, and whether the body presents the appearance of independence.

In the United States (US), Federal judges are nominated by the President and confirmed by the US Senate, as stated in the Constitution. The names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President’s political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. The US process appears to be robust because the process of confirmation hearings are conducted on live Television and the US Senate conducts the vetting and the interview.
Implementation of Regulations.
Section 41 of the Services Commissions Act provides that the Commission in consultation with the Minister may make regulations for the better carrying out the provisions of the Act. That is to say, the appointment of judges can be done through an open and fair process as long as regulations are formulated. In this regard, this article is of the view that since the law provides for formulation of regulations that can ensure an open and fair process. The JSC may formulate regulations that shall ensure that interviews, vetting processes are conducted on public Television before submitting the names of successful candidates for recommendation to the President.

Merit-based Judicial Appointments.

The selection criteria should be clear and well publicised, allowing candidates, selectors and others to have a clear understanding of where the bar for selection lies; candidates should be required to demonstrate a record of competence and integrity. The foregoing can be achieved by formulating regulations under Section 41 of the Service Commissions Act.

CONCLUSION

In conclusion, an independent, impartial, honest, and competent judiciary is the cornerstone of the rule of law. The selection and appointment criteria of judges plays a critical role in ensuring that competent judges are appointed. In this regard, judges must be appointed through a transparent process in order for the public to have confidence in the judiciary.
10 comments

Munyonzwe Hamalengwa
Thank you so much

‘PF an ardent believer and defender of press freedom’

In life, personal or at professional level, “It’s better to look ahead and prepare, than to look back and regret,” advised Jackie Joyner-Kersee.

Today, Nickson Chilangwa, the acting PF secretary general, says his party is an ardent believer and defender of press freedom.
“The Patriotic Front (PF) has been an ardent believer and a strong defender of press freedom and freedom of the press. Throughout its existence, the party has worked closely with the media to ensure that journalists and media houses have the necessary support to execute their duties without fear of repression,” he claimed. “As we commemorate 3rd May, we wish to bring to the attention of government and all relevant stakeholders the following issues: the enactment of the freedom of information bill. As an ardent believer and strong defender of media freedoms, the Patriotic Front stands ready to support the enactment of the long-awaited access to information Bill. A lot of research and consultation has been done on this Bill and we beseech the UPND government not to renege on their promise to enact this piece of legislation.

There should be no further delays as this bill has extensively been discussed and debated of the years. The access to information law is not for the benefit of the media alone but it is for the benefit of the entire nation as this will enhance transparency and accountability on the part of those who have been entrusted with the mandate to govern our country. Further, it will enhance democracy and good governance as it equips citizens with the vital information that’s necessary for them to make informed decisions.”

No one can argue or doubt how PF under Michael Sata and Dr Guy Scott valued the media. Michael even while in opposition could deal with the public media, ZNBC, Zambia Daily Mail just as he openly engaged with the private media. But, the PF under Edgar Lungu became anti-everything. Any critical and independent minded media was treated as enemy of the state. And they fell on such media like a tonne of bricks! It is very nauseating – sour grapes – for Nickson and his party to launder themselves in this manner. If they want to repent, let them do so openly.

It will not do for them to play holier than thou today just because they’re in the cold – out of government. For those who were on the receiving end, Nickson’s statement is annoying. A mockery to the collectively intelligence of citizens who are yet to recover from the PF nightmare – the intolerance, brutality and wanton behaviour! And today, he can even be asking the UPND to enact access to information law when his party did not even utter the word ATI for 10 years they were in power! They’re only seeing its value today? How? Why?
This reminds us of Lucky Dube’s advice in his reggae hit Shut Up:

“Don’t close the door behind you
You might wanna go through it someday
Don’t burn that bridge
You might wanna cross it someday
Your best friends today
Could be your worst enemies tomorrow
Your worst enemies today
Could be your best friends tomorrow
Don’t burn the bridge
Don’t cross the door
And if you can’t say something good about somebody Oh shut up
And if you can’t say something about somebody Just shut up…
Don’t say those words that will hurt people
Don’t do those things that will hurt people
The things you say today
Will come and haunt you tomorrow
The things you do today
Will come and haunt you tomorrow
Do unto others as you would like them do unto you
And if you can’t say something good about somebody Oh shut up….”
Where would Zambia be today had the PF done what they are preaching today? In fact, all hooligans in PF should know that we are not as dull as they are. Least of all, we are not stupid that we can easily forget the trauma they put us in for seven crude years. If it were not for democracy, we would have nothing to do with the PF by now; not evening listening to them!

So, Nickson should not annoy Zambians with his rantings about the ATI bill or freedoms PF never promoted.

• The Mast

PARTIAL WRITE OFF OF $32 BILLION DEBT ON THE TABLE – ZAMBIAN PRESIDENT.

CAPE TOWN, May 9 (Reuters) –

Zambia’s President Hakainde Hichilema is pleased China will co-chair a creditor committee with France during debt negotiations, he told Reuters on Monday, adding that a partial write-off of the country’s $32 billion debt was on the table.

Hichilema said Zambia aims to avoid another debt default after it became in 2020 the first country in the pandemic era to default on its debt.

“The overall approach is to rein in on the debt, which starts with ceasing to borrow recklessly going forward, especially not borrow at high cost,” Hichilema said during an interview with Reuters on the sidelines of the Mining Indaba conference in Cape Town.

“Now that we have this common framework … we are seeking a reduction in the debt as part of the package. Everything is on the table,” he said.

Zambia, Africa’s second-biggest copper producer, is struggling to jumpstart its economy as it grapples with a debt load reaching 120% of GDP.

Since Hichilema’s election last August, Zambia has implemented business-friendly reforms and investor sentiment has improved, with the kwacha currency increasing in value against the dollar.

Zambia’s debt totalled $31.74 billion at the end of 2021, according to official government data – of which $17.27 billion was external debt. China held $5.78 billion of the external debt.

The first meeting of the creditor committee is expected to take place next week, Finance Minister Situmbeko Musokotwane told Reuters in the same interview. He reiterated that debt talks should end in June, a timeline analysts consider ambitious.

Musokotwane had said previously that debt negotiations were “stalled” at International Monetary Fund meetings last month, after Zambia secured a staff-level agreement on a $1.4 billion three-year credit facility with the fund in December.

Zambia aims to increase copper production more than three-fold, to 3 million tonnes of copper a year within the next decade. The country produced 800,696 tonnes of copper in 2021.

It also aims to increase production of wheat and maize in order to export, Hichilema said, adding that the country has held talks with the European Union among others about providing wheat to the bloc.

Asked whether Zambia would welcome Russian companies investing in the mining sector, Hichilema declined to answer, but said “we are against the war in Ukraine”. Zambia voted in March in favour of a United Nations resolution condemning Russia’s invasion of Ukraine.

Reporting by Clara Denina and Helen Reid in Cape Town; Additional Reporting by Rachel Savage; Editing by Susan Fenton

Credit: Reuters