UPDATE ON THE INCIDENT THAT RESULTED IN THE DEATH OF KABWATA MP MAKANDAWIRE

AS various theories regarding the death of Levy Mkandawire continue being shared and debated, a profile, albeit a scanty one, is emerging of the woman who was behind the wheels of the BMW X5 which caused the death of the Kabwata Member of Parliament.

The Daily Mail has learnt that Mr Mkandawire was not the only victim of the woman’s driving on Thursday although he was the most unfortunate. A moment before Janet Mwale, who has since handed herself over to police, bashed the MP, she had first hit into Shadrick Phiri, a domestic worker in the neighbourhood, and sped off without stopping.

Mr Phiri narrated that he was sent to buy eggs at a nearby shop when a speeding vehicle hit into his bicycle from behind.

“I was riding along Chalata Road when the same vehicle that killed honourable Mkandawire later hit me from behind. I fell to the ground, but that vehicle did not stop,” he said.

“‘Luckily, I wasn’t injured in any way. I stood up to pick up the bicycle and the next thing I heard was a loud bang. When I looked in front to see what had happened, the vehicle that nearly crashed me had overturned after hitting the honourable’s car, which was parked at his gate.
“The way the driver of that vehicle sped off after hitting me was so shocking. How can one have the zeal to drive like that in a residential area where we have children playing around?”

Mr Phiri is employed by Josphat Chasaya, who resides at 32 Chalata Road, Woodlands Extension, which was the address initially given by police as the residence for Ms Mwale and her husband, Alick Kalenga, who was with her when she bashed Mr Mkandawire.

Now Mr Chasaya says he is living in fear of being attacked by angry United Party for National Development (UPND) members who may be thinking he is the one who was in the vehicle with Ms Mwale.

“Police were given a wrong house number, some media even went on to report that the accident was caused by one of the late honourable’s neighbours, they all think it is me,” he said.

“We are spotting a lot of people outside my gate trying to confirm this house number. Those people live off Chalata Road, please. I do not want myself or my household to be harmed for a crime we haven’t committed.

“I am living in fear right now because I don’t know what the cadres are thinking or what they will do to me and my family.”

Mr Chasaya said police have not been helpful. He appealed to the UPND leadership to see what they can do to protect him as some overzealous cadres could just pounce on him.

“I reported the matter to police to seek protection but was told they are understaffed,” he said. “Imagine, I rushed to the police to seek help, I am in despair, I fear for my life and want protection and then one police officer pulls me aside to ask me for a tip, all they want is money and bribes from victims of circumstances, this must come to an end, the police service is completely the opposite of what we expect.”

A check at House No. 32 off Chalata Road, which is the residence for Mr Kalengo and his wife, revealed that the place has been deserted for now.

One of their neighbours said on the day of the accident, the couple was taking their four-year-old child who was unwell to the hospital.

“We know this road as Bulaya Road and what I can say is that they were three in the vehicle, the husband, wife and their child, we saw them leave their house for the hospital and within a few minutes, we just heard people saying they were involved in an accident that killed the MP,” the neighbour said.

“They haven’t lived here for long, they shifted to this place about five months ago. What we know is that they have been building their house in bits and they finally decided to move in.”

Another neighbour said the couple is normally seen driving around the neighbourhood together.

“They enjoy drinking together and they are usually seen at Boarder View,” the neighbour said.

Police spokesperson Rae Hamoonga said Ms Mwale surrendered herself to Woodlands Police yesterday morning.

“Both the husband and wife are in custody and investigations have continued,” Mr Hamoonga said.

Road Transport and Safety Agency (RTSA) said preliminary investigations indicate that the accident was caused due to excessive speeding by Ms Mwale.

“The investigation has further established that the driver of the BMW X5 holds a valid driving licence and the RTSA motor vehicle register indicates that the vehicle in question, BMW X5 registration number ALM5955, is registered under Eliza Kapaba of Lusaka with expired road tax and motor insurance,” RTSA public relations manager Frederick Mubanga said in a statement.

And former President Edgar Lungu has sent a message of condolences to President Hakainde Hichilema on the death of Mr Mkandawire.

“I call on all mourners in grief and disbelief to mourn the deceased with dignity and respect,” Mr Lungu stated.

ARE PF MPs AGREEING WITH THEIR MORALLY BANKRUPT MCCs?

The Candidates’ Comment

Patriotic Front (PF) Shiwang’andu Member of Parliament Stephen Kampyongo says he will not allow wolves, chancers and opportunists to take over the leadership of his party.

Stephen is exhibiting the same arrogance, ignorance and stubbornness he showed Zambians when his party was in power and when he was a Minister. But he must realize that he no longer wields the same power that he had a few months ago. That arrogance, ignorance and stubbornness will take Stephen nowhere and consequently, will only destroy PF. Let Stephen not listen to his own demons. Let him listen to the demands of the general membership if he is interested to see his party survive death.

When you pay attention to elements like Stephen and Raphael Nakacinda over the succession in their party, it is very clear they are speaking the same language. It takes very little intelligence – if a little is all that one has – to realize that these elements are in some sort of a cartel that is trying to force down on the throat of PF their own preferred person to take over from Edgar Lungu.

Raphael said the other day that the Central Committee met and decided to halt all campaigns for Presidency in their party. When did the Central Committee meet to decide that? Where did they meet? Who was in attendance and who agreed to that? Of course there is no consensus among the Central Committee over halting of campaigns by those who want to contest. What Raphael and Stephen are saying represent the feelings of few elements within the Central Committee who want to call shots.

When things are viewed beyond what the surface suggests, there is really no one who is even campaigning anywhere to be President. Most – if not all aspirants are campaigning silently. People have just announced their intentions and have not campaigned anywhere. So what has prompted these elements; Stephen and Raphael to say the things they are saying?

This is, at best is hypocrisy and at worst, dishonesty of the highest order. We all know that all this nonsense is targeted at people other than Brian Mundubile. While they are trying to curtail other candidates from presenting themselves to the people, for publicity, they are busy parading Brian all over media houses in the name of Chairperson for Legal Affairs. All the sudden, Brian is busy on this and that Radio or Television. They are trying to position Brian to their people and publicize him because that is their preferred choice. And they are doing so knowing too well that Brian is not even popular anywhere. This explains why they have deferred the holding of their general conference to next year, in order to prepare their own choice of a leader. They know that if elections where called today, Brian cannot win simply because he is not popular even within his own party.

They say these things in the privacy of their toilets, in drinking joints when they meet. They say these things to their prostitutes, to everyone.

Our appeal to the general membership of the PF is that, do not to let hyenas, jackals to destroy the party. The current Central Committee is responsible for loss of power of your party. Most of them were ministers and held high ranking positions in the party. What did they do with those positions? Most of the people in the PF Central Committee are crooks and corrupt. Most of them are arrogant, ignorant and stubborn. Why would PF members of Parliament continue to obey these bandits, these rejected crooks? If the PF MPs collectively agree with the decisions of their Central Committee which draws its membership from the very elements who cost their party power, what does it tell you about the same Parliamentarians? Hyenas in the Central Committee must not be allowed to destroy the party. No Zambian will ever trust those bandits, those corrupt elements, those thieves, ever again.

They must not be allowed to be in the forefront of anything. Even those warnings, threats that Stephen is busy issuing out are nothing but nonsense. Ignore him and fight for what is right. These elements are losers. They are corrupt bandits who must not be allowed to destroy the party. If they had any morals worth talking about, they would have resigned as Members of the Central Committee and let other morally upright people occupy those positions.

It is hard to understand why even young Members of Parliament of PF still want to listen to these bandits who cost them an election. As long as those fools, those corrupt bandits continue to call shots, PF is going nowhere.

ENGANGING IMF TO SOLVE ECONOMIC CHALLENGES, AN INDICATION OF FAILURE TO CRAFT HOME GROWN SOLUTIONS- NEW HERITAGE PARTY

THE New Heritage Party has charged that the decision by the UPND government to engage the International Monetary Fund (IMF) to resolve the economic challenges the country is faced with, despite many advising against, speaks to its enability to craft home grown solutions.

And the opposition party says it is disappointed with President Hakainde Hichilema’s appointment of district commissioners despite promising to get rid of them, as he pointed out their position was a drain on the country’s meager resources.

Meanwhile, the female led political party says it is worried and disappointed about many things in the new government and have decided to talk about them in the hope that the New Dawn government can quickly pivot and avert further damages.

Below is the full statement

20th November, 2021

New Heritage Party Press Release

United Party for National DISAPPOINTMENT

We have a new Party – the UPND in Government. Our expectations have been sky high. This is so, I believe, due to the fact that the UPND:

• Has been in opposition for 23 years
• Has conducted the most organized campaigns in the last 3 or so elections
• Has many perceived great minds – including that of the now Republican President
• Has made many promises
• Seemed the most ready party while in opposition

One can not blame the very high level of expectation from the electorate as well as from their own supporters.

Many will say that it is too early to analyse their performance. We do not believe that this is the case, as we can see the foundation that is being laid by the UPND. It is the foundation that determines the quality of the structure that will be built on that foundation. The pronouncements and actions, thus far, by the UPND give a very clear indication of the direction or trajectory that they will be taking the country to.

There are some issues of concern that we have observed. We believe that the earlier we point them out, the better as there may still be a consideration by the UPND to take them into account.

1. Appointments
   Permanent Secretaries (PS) were fired on September 17th. These are the CEOs of ministries in Zambia. In their stead, we have officials acting in their stead. A person who is operating in acting position can not make certain decisions. Only substantive office holders can do so. This means that these offices are not operating at their full potential.

What has surprised us is the fact that, instead of PS appointments coming first, we have seen the appointment of District Commissioners by the President. DCs thus continue to be political appointees that report directly to the President and oversee District activities. There is an overlap with Mayoral/Council Secretary duties to some extent. The DC positions therefore, are not serving any real purpose other than being a reward for cadres. This is the political expedience that we were promised to be done away with.

The UPND, whilst in opposition, condemned the existence of this position. They also correctly pointed out the fact that this is a drain on our meager resources.
This move is not only disappointing but worrying. We shall only believe UPND pronouncements, going forward, when we see them actualised.

2. No Roadmap to Massive Job Creation

The UPND promised jobs amongst other things. As people ask for the jobs after the elections, the President then responds to the effect that jobs do not come from rocks.
The young adults in the country are hurting very badly with their dignity stripped from them as they find it difficult to make ends meet and to find their feet.

Answering with ‘penalties’ will not help these young people financially. They are looking for solutions and guidance. The very least you can do is to give them hope by way of an explanation of your roadmap to the job creation that they were promised. The way this is being currently handled is disappointing.

3. Moving our dependency from East to West

As a country, we have simply stopped looking to China (the East) for solutions but are now looking to the West. We have not stopped and asked ourselves whether we could come up with our own home grown solutions. As long as we continue to look elsewhere and do not look at our home grown solutions, we shall continue to go around in circles. This for us, as the New Heritage Party, is one of the biggest disappointments of the UPND government.

4. Hinging our salvation on an IMF bailout

The Intention by the UPND to go the IMF route, in spite of many advising against taking this route again speaks to the inability to craft our own home grown solutions. The IMF with its austere conditionalities will bring a lot of hardship on ordinary Zambians. How can our entire economic plan hinge on a bailout from IMF? 23 years in opposition and this is the outcome? Disappointing indeed!

5. A Budget that fails to address Critical Economic Challenges

To sum up the 2022 National Budget, we say it is “populist in messaging but disappointing in the detail of where Zambia ought to be going.”

We were promised an impressive budget that would be the answer to many of our economic issues. The reality is that there are many critical issues not addressed by this Budget. Top among these issues is the crippling debt burden that the country is facing. In fact, this budget as presented will increase the national debt stock while doing little to dismantle even the arrears owed to local suppliers. How do we expect our SME sector to function if they cannot be paid for goods and services already delivered? There can be no confidence from lenders to the private sector, a critical ingredient to unlocking growth and opportunity.

Another critical issue that has not been addressed is the issue of liquidity in the market. GRZ will still be the largest borrower from the domestic market, crowding out the private sector and leading to higher costs of borrowing. Coupled with the fact only K3bn has been allocated to dismantling domestic arrear versus an arrear of over K49bn, we can expect Zambia’s liquidity problems to continue.
Truly Disappointing!

6. Continuing the concept of the Party and its Government

We note that the protocol being employed at state functions, in terms of order of importance, is as follows:

• Executive (national leadership)
• The UPND Alliance Council of Presidents (Party, not national arrangement. We did not vote these people in)
• The Party leadership (Party, not national arrangement)
• Cabinet Ministers (National Leadership)
  Etc.

How can party leadership be recognized above national leadership? This ought not to be so. This arrangement leads to

• a blurring of government and party affairs.
• the use by the party of Government resources.
• disunity and the exclusion of anyone not of the UPND fraternity, in nation building
• And most damagingly, the creation of party cadres who are more powerful than officials who are elected and appointed officially to act on behalf of the nation.

The time has surely come for us to deal with this issue once and for all. Continuing this concept of the Party and its Government is not in the best interests of the nation .

7. Failure to guide or admonition own Cadres.
   The storming and locking up of of Council offices by UPND Cadres in Kabwe and Solwezi and taking the law into their own hands by members as was the case in Choma, was noted by us all. Wisdom requires that the Leadership speak to that. Otherwise we are left with the impression that your pronouncements are merely rhetoric – lip service.

At this rate, the UPND should just change its name to the “United Party for National Disappointment”.

There are many issues to talk about but we shall leave it here for now. We certainly do not want the UPND government to fail because it will mean more hardships for the Zambian people. Our hope is that they can quickly pivot and avert further damage.

Chishala Kateka
President – New Heritage Party

Following yesterday’s heated debate sparked by my post Dr. Lawrence Mwelwa writes…

THE DANGERS OF COMMERCIALIZATION OF POLITICS PART 1 – Dr. Lawrence Mwelwa

The role of money in politics and elections is a major issue for those trying to support sustainable democratic development across the world.

This wisdom I have also seen under the sun, and it seemed great to me: There was a little city with few men in it; and a great king came against it, besieged it, and built great snares around it. Now there was found in it a poor wise man, and he by his wisdom delivered the city. Yet no one remembered that same poor man.

Then I said: “Wisdom is better than strength. Nevertheless, the poor man’s wisdom is despised, And his words are not heard. Words of the wise, spoken quietly, should be heard Rather than the shout of a ruler of fools. Wisdom is better than weapons of war; But one sinner destroys much good.” Ecclesiastes 9:13‭-‬18 NKJV

There are many wise poor people, who with their wisdom can deliver their cities from poverty but their own poverty has kept them outside parliament. Politics and democracy cost money. The nationwide debate that we expect to see in a parliamentary election campaign cannot take place without resources. It takes money to sustain political parties that can unite groups of citizens around shared platforms that form the basis of the election contest.

Individual candidates who run for election need adequate funds to be able to get their arguments across to voters. Money may not guarantee electoral success, but it is rare that electoral success comes to those with very little money.

However, when the cost of politics and elections becomes so high that the investment that candidates and their supporters need to secure election is beyond the means of the vast majority of citizens, then fears grow about corruption, about exclusion from the political process, and about the quality of democracy.

The approach I have taken on this subject is to focus on the root cause which follows: the high cost of politics and not just on the symptoms of corruption that flow from it.

Cost of parliamentary politics

It finds that the costs faced by aspiring MPs are high – not just to conduct their election campaign, but before that to secure their place on the ballot paper. The adoption process at party level is complicated. Those who succeed and are elected to parliament face further costs throughout their term of office. Some of these costs arise from their constituents’ general expectation that their MPs, as prominent figures in the community, should provide financial support to those they represent. However, much of the demand is bound up with the expectation of repayment. Individuals who voted for the MP expect payment in return, usually on or before Election Day itself. Those who regard themselves as having helped the MP get elected may make continuing and sometimes very significant demands for repayment.

Local supporters may expect one-off or ongoing payments, in cash or in kind. Wealthy backers, on the other hand, may look for very significant returns on their investment in an MP – including favourable treatment, the award of lucrative contracts, political protection, and so on. In these circumstances, an MP may face unknown demands at any point after election day, as their backers call in what they regard as their debts. Without change in the costs of becoming an MP, it is difficult to see how this culture of corruption can be tackled.

If they decide to seek re-election, the whole cycle begins again. MPs who plan to run again must spend a good deal of time while in office raising funds for their re-election campaign. Faced with this prospect, incumbent parliamentarians – especially those in government – may be sorely tempted to supplement those efforts and reduce the cost to themselves, by misusing the public resources they control to subsidise their re-election campaign. Further to secure funds and support from wealthy sponsors – and by using those funds, together with their power and influence, they make things harder for their potential opponents at the next election.

To be continued..

JOE MALANJI’S SEAT NULLIFICATION:NEED TO REEXAMINE THE GRADE 12 CERTIFICATE VERIFICATION PROCESS.

It is reported that former Foreign Affairs minister, Joe Malanji’s Kwacha Seat in Kitwe has been nullified by the High Court because of violence, bribery before elections and his non possession of the mandatory grade 12 certificate.

This is despite him presenting a verified Grade 12 certificate by the Examination Council of Zambia (ECZ) before the Electoral Commission of Zambia (ECZ) on nomination day and pronounced validly nominated by the ECZ (Elections)

Legal basis for nullifying a seat by the court or tribunal as outlined in section 97 of the Electoral Process Act No 35 of 2016:

a) proven non-compliance with the provisions of the Electoral Act relating to the conduct of elections, and when election is not conducted in accordance with the principles in the Act

(b) proof that the candidate was at the time of the election, a person not qualified or a person disqualified for election or

c) proven commission of corrupt practice or illegal practice by, or with the knowledge and consent or approval of, any agent of the candidate being petitioned

So for Cde Malanji, his argument that the eligibility issues was not supposed to have been brought up at his petition trial but at nomination stage is a faulty legal argument

According to the cited reasons above, for a seat to be nullified there must be proof that *the candidate (In this case, Malanji) was at the time of the election a person not qualified or a person disqualified for election (because of non possession of Grade 12 certificate).

So the nullification of seat based on non possession of Grade 12 certificate, a challenge that comes after election, is a solid reason to nullify one’s seat.

Therefore, challenging one’s eligibility to contest an election does not end with the nomination challenge contained in Art 52(4) and it is not 14 days as alleged but 7 days for the lodgement of a nomination petition/ challenge.

But who is to blame over this drama on Grade 12 certificates?

It will be very unfair to faulty the ECZ(Elections ) which just receives verified and certified copies of the Grade 12 certificates done by the ECZ (Education) from candidates.

ECZ(Elections) is not mandated by any law to scrutinise further such papers/certificates submitted by candidates but it receives on face value with understanding that they are authentic whether impersonated or forged, it is non of ECZ (Elections) business.

To resolve this criminality in the electoral process such as forgery, fraudulent and impersonation in acquisition of Grade 12 certificates, ECZ (Education) must invest in biometric systems including mandatory taking of fingerprints for those sitting for examinations.

This will be key during verification to detect fraudsters, forgers and impersonators as the details of the true owner of the certificate will be easily identified.

This will put to an end people presenting certificates for verification which are not theirs but using other people’s certificates by manipulating years on their NRCs or names on the original certificates.

This is the only way to deal with forgers, impersonators and fraudsters in the country now that Grade 12 certificate has become the most important documents both in politics, for work and in social life including relationships.

Therefore, if the High Court has proved that Cde Malanji had no Grade 12 certificate, then he is a disqualified candidate under Art 70 of the Constitution of Zambia and may not be allowed to recontest his seat if the High Court decision is upheld by the Constitutional Court.

I submit

McDonald Chipenzi

MY father, Michael Sata, would be disappointed with the current confusion in the Patriotic Front since he had a vision of propelling the party to greater heights, says Mulenga Sata.

“I’m sure my father would not be happy with some of the things happening in the party and it’s up to the current leadership to ensure that the boat does not sink,” Mr Sata said.

Mr Sata said that to some extent the founding father of the party would not be happy with the current state of the party since there were too many divisions which were detrimental to its growth.
He said in an interview that his father worked tirelessly to unite the party which was the bedrock of its growth and eventually saw him become the country’s fifth republican President.
Mr Sata said like outgoing president Mr Edgar Lungu said the party needed to bring in leadership that would not take the party into a ditch.

He said that it was prudent to bring in individuals who were sober minded and could fill the void that would be left by Mr Lungu.
“My prayer is that the right people would be ushered in office, failure to which even people like myself will end up being vocal,” he said.

Mr Sata said that people were now enlightened and that they would not accept any mediocrity when it came to selecting their leaders.

He said the wish of the people at grassroots level would always prevail, so the MCCs should just level the playing field so that all those who had aspirations and were capable of leading the party could be given a platform.

Mr Sata said it would be unfortunate for them to try and overlook certain individuals because of certain factors.

He said he was comforted that the party had men and women of character who had what it takes to steer the party to greater heights.

“There are great minds in the PF and even the demise of my father does not mean it is the end of the party because in Bemba we say ‘Pafwa abantu pa shala abantu’,” Mr Sata said.- Daily Nation

LISWANISO DIRECTS MPULUNGU YOUTHS TO FORM PROPER STRUCTURES

United Party for National Development(UPND) National Youth Chairman Gilbert Liswaniso has directed his Youths in Mpulungu District to form structures and recruit more members.

And Mr Liswaniso commended them for being heroes and delivered victory for UPND and President Hakainde Hichilema during the recent general elections.

He said Mpulungu District in Northern Province has become the heart of UPND at a time the brutal Patriotic Front denied residents real change and decent life for ten years.

“As your Chairman Liswaniso, l direct District Chairman to form proper structures and put the house in order.

l have been following happenings here in Mpulungu and l must commend you for being brave and overpowered PF, today you are in charge

As heroes we do not rest and so it is serious business to continue making UPND most popular especially among the youths” Liswaniso said.

He said he was aware of the need for youths to have a touch in the new dawn administration.

“You delivered victory giving the party, MP, Council Chairperson and a good number of councillors. Development is here and participate fully.

l want also to direct you to stop protesting against each other and your leaders in the party instead engage each other at a round table.

Mpulungu District has become a friendly place politically with potential to contribute to economic growth so form cooperatives and local companies” Implored Liswaniso.

Meanwhile, Mr Liswaniso has warned of suspension for any erring youth member in the Province.

” l tell you behave and dont involve yourselves in dubious means, aka General mosquito will bite you and you will learn how to put things in order”he said.

Later in the day, the UPND National Youth Chairman accompanied by his vice in charge of gender, Cindy Kauka and Northern Province Youth Chairman Paul Mulenga among others paid a courtesy call on Mbala District Commissioner Anne Paul.

Ms Paul was happy with the visit and encouraged Mr Liswaniso to remain strong and provide leadership at all times to the youths.

“l am here because of the good fight of the young people to remove PF and said yes to the leadership of President Hakainde Hichilema.

l want to encourage the youths across the country to exercise patience for good things coming under the new dawn.My office is open for service delivery”she said.

© Falcon News

NULLIFICATION OF KABUSHI SEAT: ONE MORE STEP REMIANING.

The news that High Court Judge Edward Musona has nullified Bowman Lusambo’s KABUSHI SEAT in Ndola has been greeted with alot of misinformation suggesting that the former lawmaker cannot recontest his seat in an event of by-election.

It is not true that a person whose seat has been nullified by the court or tribunal cannot recontest his/her seat during the life of that parliament in an event of a by-election.

There is no electoral law to that effect that support that argument because one is only barred from recontesting his/her seat, only if, s/he is disqualified in accordance with Article 70, resigns from parliament or and from the political party that sponsored him/her and or crosses the floor from being independent joins a political party.

This is guided by the provisions of Art 72(4) of the Constitution of Zambia and the basis of disqualification from being a member of Parliament are also well put in Art 70.

Additionally, the court, due to violence and bribery or other malpractices, may pronounce a disqualification against him/her from contesting any future election.

Without such a pronouncement from the court in the judgement disqualifying the petitioned, that person is eligible to recontest his/her seat regardless of the proved electoral malpractices in the judgment leading to nullification of the seat.

This means that a mere loss of an elective seat in a court of law or tribunal does not necessarily means someone has been disqualified from recontesting his/her seat.

So the KABUSHI petition has just past one stage-which is High Court -remaining with the last one stage which is an appeal in the Constitutional Court whose decision will be final.

In the past experiences, all nullified seats at High Court level were overturned by the Constitutional Court such as the Munali, Lusaka Central among other petitions.

In this regard, Bowman’s political career or road or journey has not yet ended as he still has an appeal space in the Constitutional Court.

Further, if not disqualified by the court, Bowman still qualifies to recontest his KABUSHI seat in the ensuing by-election if he appeals and the Constitutional Court decides to uphold the High Court decision to nullify his seat.

However, it seems Bowman has been greeted with so many political and social challenges that may drain his financial muscle.

I submit

McDonald Chipenzi

By Sean Tembo

1. As Patriots for Economic Progress (PeP) we are deeply concerned by the continued regional narrative that is being peddled by the New Dawn administration at every available opportunity. Firstly, about a month ago, the Minister of Finance Honorable Situmbeko Musokotwane issued a statement on the floor of Parliament to the effect that his Government will be getting a loan from the World Bank to build secondary schools in Western, Southern and North-Western province because these three provinces were neglected by the previous administrations. Secondly, a few days ago, the Minister of Local Government Honorable Garry Nkombo issued a statement on the floor of Parliament which presented cherry-picked information that falsely portrayed that Western, Southern and North-Western provinces were neglected by the previous administration in terms of implementation of the feeder road project.
2. As Patriots for Economic Progress we have noted that these divisive statements that have been coming from very senior members of the New Dawn administration have had the effect of inflaming the emotions of our brothers and sisters from these three provinces of Zambia against their colleagues from other provinces. This is evidenced by the regional nature of discourse on social media. This situation is totally unacceptable and is detrimental to the well-being of Zambia as a unitary state. It is totally unimaginable that the New Dawn administration which was overwhelmingly voted into office by all corners of Zambia can today be in the forefront fueling tribal and regional divisions barely 3 months into office.
4. As Patriots for Economic Progress, we are fully aware of the fact that the UPND administration constantly seeks to portray the previous administration as having totally failed, so as to eliminate the possibility of a reemergence of the Patriotic Front on the political scene. From a political point of view, the UPND are free to use whatever strategy that they deem most ideal to help prolong their stay in power. However, the UPND administration should desist from peddling a narrative that seeks to divide this country on tribal and regional lines, in their quest to paint the former PF administration with a black brush.
6. As Patriots for Economic Progress we wish to advise the UPND administration that it was forgivable for them to peddle tribal and regional narratives while they were in opposition, but now that they are in Government, it is totally unforgivable for them to peddle any such narratives. Even if, for arguments sake, the former PF administration did indeed neglect the said three provinces, a mature government is supposed to quietly rectify such an anomaly instead of making careless and dangerous public statements which are inflaming the emotions of our brothers and sisters from the three provinces against their colleagues in the other provinces. President Hakainde Hichilema and his Ministers should make a constant effort to remind themselves that they are no longer in opposition and that they now carry the huge responsibility of managing the affairs of the nation and uniting the entire country. To this effect, they need to desist from issuing childish statements that seek to give them political mileage over the PF party but at the expense of dividing the nation.
8. As Patriots for Economic Progress it is our further considered view that it is not even in the political interests of the UPND party to drive a wedge between their stronghold in the three provinces and the rest of the country. The UPND must be reminded that for 23 years, they tried to form Government with their three-province stronghold but failed. It was only after other provinces decided to embrace their political party that they succeeded to form Government. Therefore, it is wrong and naive for the UPND administration to believe that now that they are in Government they should only advance the interests of their three-province stronghold.
10. As Patriots for Economic Progress we wish to remind the UPND administration that national development is delivered to different parts of the country in different shapes and forms and at different times. Therefore it is mischievous for the New Dawn administration to point at one category of development and use it as a basis of peddling the narrative that the previous administration neglected their three-province stronghold. For instance, developments such as the marvelous and very costly Mongu-Kalabo road in Western Province or the Kazungula Bridge in Southern Province cannot be found in any of the other 7 provinces. Therefore, President Hakainde Hichilema and his New Dawn administration should appreciate the national development that was delivered by previous administrations and pick up the baton from here and deliver more national development going forward. He should not waste all his energy pointing at the mistakes of the previous administrations, whether real or imagined.

The Constitutional Court has concluded hearing of arguments on the appointment of Ministers and firing of civil servants.

In this matter, Governance Activist Isaac Mwanza sought interpretation of the Court on appointment of a minister after dissolution of Parliament and before its commencement.

Mr Mwanza also asked the Court to determine whether persons can be nominated to a Ministry newly created Ministry which has not yet been approved by Parliament.

Mr Mwanza further asked the Court to interpret whether public service workers can be removed from office without good reasons and due process through a hearing.

When the matter came up for hearing, Mr Mwanza argued that the life of Parliament commences when Members of Parliament are sworn in and ends upon dissolution as per provision of Article 81(1) of the Constitution.

He thus submitted that no Minister can occupy office when Parliament remains dissolved and has not yet commenced.

Mr Mwanza also argued that persons cannot be nominated, sworn in and begin performing their functions in a newly created or merged Ministry before the Ministry is approved by Parliament.

And Mr Mwanza has submitted that after 2016, public service workers are constitutionally protected from being removed from office without being given good reasons and subjected to a hearing as required by Article 173(3)(b) of the Constitution and the Employment Act.

Mr Mwanza said the powers of the President and other authorities to hire and fire are subject are subject to provision the authority shows just cause and afford workers a hearing.

But Solicitor General Marshal Muchende argued that the President needed to appoint the Finance Minister because of the budget that was to be presented to Parliament.

Mr Muchende also called for a holistic interpretation of the Constitution and pleaded with the Court to reframe the question so that they focus could be the question on the exercise of executive powers by the President, a suggestion objected by the Petitioner.

The Court has since reserved judgment to a later day to be communicated to parties.

A new lawsuit against Hollywood actor, Alec Baldwin alleges that the film script did not require him to fire a gun when he fatally shot cinematographer Halyna Hutchins.

Script supervisor Mamie Mitchell (pictured bottom left)- who called police after the shooting on the New Mexico film set has filed the suit.

Her lawyer accused the actor of “playing Russian roulette” when he fired the gun without checking it.

New lawsuit against Alec Baldwin alleges the film script didn

Authorities are still investigating the 21 October shooting that took place on the set of the Western film Rust. No criminal charges have been brought against anyone.

Mitchell’s lawsuit claims that the script called for three tight camera shots – one of Baldwin’s eyes, another of a bloodstain on his shoulder and a third of his torso “as he reached his hand down to the holster and removed the gun”.

“There was nothing in the script about the gun being discharged by defendant Baldwin or by any other person,” it says.

In a news conference on Wednesday, November 17, her lawyer Gloria Allred described the behaviour of Baldwin and the film’s producers as “reckless”, as she accused them of failing to follow safety protocols.

According to court records, Baldwin was handed the weapon by the film’s assistant director who did not know it contained live ammunition and indicated it was unloaded by shouting “cold gun”.

The film’s armourer, who was responsible for the guns and ammunition on set, has said she does not know how a live round came to be in the weapon.

Allred said Mr Baldwin “chose to play Russian roulette when he fired a gun without checking it and without having the armourer do so in his presence”.

She added that a range of safety failures meant that it was “a case where injury or death was much more than just a possibility — it was a likely result”.

Ms Mitchell was standing less than 4ft (1.2m) away from Mr Baldwin when the weapon was discharged, according to the lawsuit.

“I relive the shooting and the sound of the explosion from the gun over and over again,” she told reporters.

Her lawsuit is claiming assault, intentional infliction of emotional distress, and deliberate infliction of harm, and is requesting unspecified damages.

Her lawsuit is the second to be filed over the incident, after the set’s head electrician began legal action earlier this month.

BA PF STOP CRYING ONCE YOU ARE ARRESTED; POLICE IS ACTING ON TIP OFFS FROM YOURSELVES

The entire PF leadership should be reminded; it’s themselves that tipped off the Police that they were criminals amongst themselves.

PF crimes were in public domain long before PF was kicked out of office. It’s on record that at one time Mr. Lungu told the Nation that some of his Ministers were corrupt.

Mr. Lungu went on to say that out of 10 Bembas 6 are thieves. As if this was not enough, Hon Chishimba Kambwili went ballistic accusing Mr. Lungu of being too corrupt and a thief.

To crown it all, the then PF Secretary General Davis Mwila openly warned his colleagues that if they lose elections they will go to jail. Criminals are always too forgetful and very bad at keeping secrets. This is a case of self betrayal. Police are merely acting on tip offs from PF itself.

If Mr. Lungu can openly say that he was working with thieves, who are we including the Police to ignore the man who had access to daily intelligence reports even on his Ministers. When the former President said that out 10 Bembas 6 are thieves.

It’s very clear now that the former President knew what he was talking about. The high number of PF Bemba Ministers being arrested confirms that.

When Mr. Lungu said out of 10 Bembas 6 are thieves, the entire PF leadership including Bemba thieving Ministers vigorously defended that statement, some even said he was just joking CHIMBUYA.

Now that the Police is acting on that tip off the same people want to pretend that it’s not their Boss who betrayed them. When some of us protested that Mr. Lungu was putting Bembas on the spot, we were called all sorts of names by PF. So what are these potential inmates complaining about?

It’s not Zambians that are calling for the lifting of former President Lungu’s immunity; it’s actually Dr Kambwili who made that proposal. It’s Dr Kambwili who first accused Mr. Lungu of being too corrupt and a thief. Zambians and the Police have no reason to doubt what Dr Kambwili said because he was an insider and very close to Mr. Lungu.

They say if you want know how a Hippo lives under water ask the crocodile. Therefore there is nothing wrong in removing Mr. Lungu’s immunity because Zambians are merely seconding the proposal on the motion made by Dr Kambwili.

Percy Chanda

UPND – NMC Member and Chairman for Mines

By Ulande Nkomesha,

PF member of the central committee Davies Mwila says party president Edgar Lungu wanted to leave his position but the central committee pleaded with him to stay on for a while.

And Mwila says the central committee’s decision to hold the general conference in June 2021 is final because the party does not want to end up like MMD.

The former PF secretary general was commenting on PF member Kelvin Kaunda’s remarks that it was not in the best interest of the party for Lungu to continue as PF president and that the general membership of the party was not pleased with the decision to hold the general conference in June next year.

In an interview, Mwila said the central committee pleaded with Lungu to remain president because they did not want to leave a vacuum in the party.

“It is a process, three of us indicated that we are going to leave at an appropriate time. Me and Mr Mukupa have left, so we only have about six months then president Edgar Chagwa Lungu will leave. Actually, it is us who have told him to remain, he wanted to leave, but we don’t want to leave a vacuum.

As central committee members, we pleaded for him to remain for a while. We know politics, Mr Kaunda doesn’t know politics and moreover, they should know that this party has to survive and we are not going to have leaders that will destroy the party,” he said.

“Moreover, let him leave this matter to the provincial chairman, he is not the spokesperson of the province, he is just the vice chairman of the youth. These are policy matters, they should be left to the provincial chairman.

Provincial chairman, he was in a meeting, he represented Lusaka, let him speak out, why is he telling the young people to speak? We have to manage ourselves, we have to manage the party. The decision of the central committee is final, until we meet after maybe two, three months, that is when we will look at this matter.

Every decision that we are arriving at, it is in the interest of the party. We are going to have different views but at the end of the day we have to do the right thing.”

And Mwila said the party did not want to end up like MMD by rushing to hold a convention immediately after a loss of the general election.

He stated that Lungu was actually not actively participating in politics because he was preparing to step aside so that the party could elect a new leader.

“They are just in a hurry. Let us not be in a hurry and we are not rushing anywhere as a party. We don’t want to be like MMD, we have the history, that Kuanda who is talking about not having a convention in June, he doesn’t have the history, he doesn’t know anything.

Because that is how MMD got finished, they rushed to the general conference, they elected a leader and they started going into courts. We don’t want when president Lungu steps aside then honourable Lubinda starts acting. Others will start questioning, ‘who appointed him’?

‘Who did that’? President Edgar Lungu was elected by the general conference, so legally he is in office. Even though he is not even actively participating in politics because he is preparing to step aside so that we can elect a new leader,” Mwila said.

Meanwhile, Mwila disclosed that the general conference in June would cost about K8 million.

“We have to raise money for the general conference, the general conference will cost us not less than K8 million. So let them be patient, 2026 is very far, we still have four years and nine months. It is a long way.

Let us be cautious with the way we do things. They are only interested in the position of president, us, we are not interested in that. We want the party to survive beyond 2026.

As a party we have said that we need to identify someone who is mature, who has integrity, who is sellable, who will win us 2026 elections. We don’t want to have a president then we will be a laughing stock, people will be laughing at us as if we were not there.

We are there to guide, we have not left the party. So let them be patient, the decision of the central committee is the right decision,” said Mwila.

AVOID creating a hate culture regarding the decision to reinstate civil servants that were retired in the national interest because when the President retires someone in national interest it means that the nation’s interest is at stake, veteran politician, Katele Kalumba has advised President Hakainde Hichilema.

Mr. Kalumba advised the Head of State to consult with the immediate past President, Edgar Lungu particularly through the security wings of the state to make an informed decision on the matter.

He explained to the Daily Nation that the security wings could review the dismissal or retirement in the national interest and the principal, who is President Hakainde Hichilema, could consult Mr. Lungu.

Dr. Kalumba said it’s in national interest that successful administrations consult each other on matters to avoid reinstating a person that was retired in national interest for failing to serve the interests of the nation.

Dr. Kalumba, who served as Foreign Affairs minister in the MMD administration, said that it is important for the former and current presidents to engage in consultations to have a full understanding of why some civil servants were retired in national interest.

“There are specific instruments afforded to those that are running our state system to consult each other, that is why it is wrong if a President leaves office someone who succeeds him starts throwing mud at him. That does not allow for statecraft to be exercised properly,” he said.

He urged President Hakainde Hichilema to use the channels that are established between him and Mr Lungu to make consultations on the matter he said borders on security and welfare of the nation.

Dr. Kalumba said there is no collective injury because no one would be capable of hating all Bembas, Tongas, Ngonis or Lozis hence the need to tread cautiously in order to avoid creating continuous tension in the country by bringing those retired in the national interest and having others replaced.

“If your friend made mistakes by inclination according to the political support and the rest of the country saw it, equally if you are doing the same, they will see,” he said.- Daily nation

NO MORE POLITICAL HANDOUTS FOR YOUTHS- LISWANISO

United Party for National Development (UPND) National Youth Chairman Gilbert Liswaniso says under the new dawn administration there is no doubt that youths are going to be empowered and improve their livelihood.

And Mr Liswaniso has encouraged youths and women to look forward to real change.

He said this when he paid a courtesy call on Mungwi and Senga Hill District Commissioners of Northern Province.

“Youths in Zambia are not interested in political handouts which was a way of life under Patriotic Front administration and few youths benefited from empowerment programmes.

But President Hakainde Hichilema with love for the young people has said no to it and this is where our strength lies.

Right in our communities with common values we are going to improve our lives because we are Zambians and endowed with natural resources” Liswaniso said.

And Mungwi District Commissioner Muma Musonda said his administration will ensure that youths and women are taught ways of improving their lives.

He said is committed to work with District Administrative Office and the civic leadership in the province.

“Thank you for your visit Mr Liswaniso this office is for the Zambian people and l will ensure proper monitoring of evaluation of development in Mungwi district which include managing financial and any other resources.

Otherwise l will fail in my duties if am not available for the people of Mungwi District. What is important for me is service and service for the people .

Mungwi District has great potential of contributing to social and economic development of the country.l will teach my people how to fish” Mr Musonda emphasised.

And Senga Hill District Commissioner Jester Sikazwe is optimistic that with the implementation of the decentralisation policy no one is going to be left out.

“I run the office with an open door policy to ensure that everyone is assisted and enjoys to live as a Zambian.

Am settling down and I want to thank President Hakainde Hichilema for his confidence and trust in appointing me.

I will provide leadership” Mr Sikazwe assured.

ELECTION PETITIONS IN ZAMBIA: A MOCKERY OF ELECTORAL JUSTICE.

In the last General Election, it is believed that over 400 election petitions were filed by losing candidates against the winning candidates at local government, mayoral/chairperson and parliamentary levels.

The law demands that such election petitions must be heard and determined by the High Court or tribunal within 90 days from the date of lodgement but the High Court or tribunal decisions are appealable in the constitutional Court

So far, many of these petitions have been discharged at high Court or tribunal level in favour of the winning candidates and most likely the remaining will go the same way.

What is the problem and is there any prospect for any successful election petition in Zambia?
The problem is section 97 of the Electoral Process Act No 35 of 2016 which guides how an election petition is supposed to done and details grounds on which to void an election.

Section 97.(1) guides that An election of a candidate as a Member of Parliament, mayor, council chairperson or councillor shall not be questioned except by an election petition presented under this Part.

Subsection 2 stresses that the election of a candidate as a Member of Parliament, mayor, council chairperson or councillor shall be void if, on the trial of an election petition, it is proved to the satisfaction of the High Court or a tribunal, as the case may be, that—

(a) a corrupt practice, illegal practice or other misconduct has been committed in connection with the election— by a candidate; or with the knowledge and consent or approval of a candidate or of that candidate’s election agentor polling agent; and the majority of voters in a constituency, district or ward were or may have been prevented from electing the candidate in that constituency, district or ward whom they preferred;

This is the biggest obstacle to election petitions in Zambia being successful as it is not possible to prove any candidate’s involvement in electoral irregularities and malpractices.

The Act also guides that any omission by the Electoral Officers cannot be used as a basis to petition an election and void.

So repealing section 97 is key to future successful election petitions and also for rooting out electoral corruption, malpractices and illegalities in the electoral process.

As it stands now, one cannot blame the judges because the outcome is known even before one files in their petitions by the operation of law.

In this regard, elections petitions, though a constitutional right, are proving to be just academic forum shopping expeditions.

They are just a waste of time, resources and energies and just raises unnecessary anxieties to the petitioners and petitioned.

I submit

McDonald Chipenzi

Fisho Mwale writes;

WHY AREN’T WE MILLIONAIRES?
Last week I was ecstatic and proud . A brother of mine from SA sent me an article about a certain James Ndambo, a Zambian multi millionaire( in dollar terms) who is setting up a VIP Executive Jet company. I felt my chest swell with pride because James is a brother of mine . James is one of the most astute businessmen I’ve come across. But his most disarming virtues is his simplicity, his humility and generosity. James’s success in business rests on his ability to rebound from setbacks and embrace the most audacious business challenges and environments. When James was frustrated and harassed in his own country he moved to South Africa where he became a successful entrepreneur. Inspite of vicious Xenophobia. When I migrated to South Africa as “an economic refugee” James took me in and organized my papers as he has done unconditionally for many Zambians.

James decided to conquer DRC when it had a very difficult political and economic environment. He introduced digitalized Customs clearance. He has become one of the most successful businessmen in DRC and Africa.

James tried to do the same in his home country , but because he is Zambian we killed his dream and decided to give the same business to those who are lighter than us, it’s a Zambian thing.
When therefore I received another call from a Chairman of a big public listed company in the UK who asked if I could introduce him to my brother James Ndambo in Kinshasa because he was such an important man in DRC I gushed with pride as a Zambian and someone who knows such a successful home boy.

The question: Would James have succeeded if he had stayed in Zambia?

The Answer: No

The Reason : James would have succeeded but not to the same extent. He could have been a millionaire but not a multi millionaire because our environment and culture is hard and belligerent on our own. We create more conducive preferential conditions for “bazungus” than ourselves. A foreigner is easier seen or met or listened to than a Zambian entrepreneur. It’s a mindset thing. A Zambian in his own country has to work 5 times as hard to be recognized. A simple business example a Zambian running a first class restaurant will hardly get muzungu clients but a muzungu restaurant with even lower standards will be fulu fulu with muzungus and Zambians . For instance check out Rocky Sombe’s CAPELLOS at Lewanika Mall in Woodlands, it’s first class but no Muzungu. We are our own enemies. We still consider having a million dollars as exotic, a miracle or let alone criminal and the reason is because we DO NOT THINK BIG like James Ndambo .
James Ndambo has now set up an airline . The Zambian government has been trying to set up an Airline for the past 5 years . Who is a hero?

The lesson is that as HH said this is now an era for Zambians First. We must allow our own Zambians to built capacity in fuel procurement, in construction , in Farming, in Renewable energy , in financial services , in Real estate development etc. Don’t condemn but encourage don’t pull down but build and those who succeed we must recognize them for making us proud . A Big up to you James Ndambo my own brother.
To the young entrepreneur James Ndambo is your icon. Emulate his resilience , his focus and ability to embrace change and technology but importantly you live in a Global village without borders. If you are too far ahead of your society find one where you will be appreciated. Do not let small minds stop you from being Great.

PROFILE

Hon. Justice Dr Mumba Malila SC is a judge of the Supreme Court. He was appointed to the Supreme Court on 28th February 2014. He holds a Bachelor of Laws degree from the University of Zambia, a Master of Laws degree from the University of Cambridge, a Master of Laws degree in International Business Law from the University of Cumbria and a Doctor of Laws degree from the University of Pretoria. He also holds a post-graduate Certificate in Human Rights from the Rene Casin Institute of Human Rights, Strasbourg, France. He was admitted to the Zambian Bar as an Advocate in 1989 and took silk as State Counsel in December 2006.

Justice Malila possesses vast legal experience. Prior to his appointment as Supreme Court Judge, he served in various positions in the Zambian legal profession. He was a University of Zambia Law Lecturer between 1989 and 1993, 2002 and 2006, and 2010 and 2011. During his tenure as a Lecturer at the University of Zambia, he served as Assistant Dean (Research) and Assistant Dean (Post-Graduate).

Justice Malila also practiced as a legal practitioner with Christopher Russell Cook & Co and was an Honorary Assessor and Lecturer at the Zambia Institute of Advanced Legal Education (ZIALE). He was appointed Legal Manager of Meridien Financial Services in 1993 and worked as Group Legal Counsel and Company Secretary of the Emerging Markets Investments Zambia Group of companies. He is the founder and was Managing Partner of the law firm, Phoenix Partners, which was later renamed Mumba Malila & Partners.

As a private legal practitioner, Justice Malila once served as the Honorary Secretary of the Law Association of Zambia and as the nominee of the Association on the Judicial Service Commission, the Law Development Commission and the SADC Lawyers’ Association’s Executive Council. He was the Vice President of the Zambia Association of Human Rights. He also sat as a Board Member of Zambia Railways Limited, Sams Medical Products Limited and the NGO, Women and Law in Southern Africa.

Justice Malila twice served as Attorney General of the Republic Zambia and ex-officio Member of the Zambian Cabinet under three Presidents. During his tenure as Attorney General, Justice Malila served as a member of various public institutions such as the Judicial Service Commission, the Council of Law Reporting, the Citizens Economic Empowerment Commission and the Public Procurement Authority. He chaired various other public bodies including the ZIALE Council, the Legal Practitioners’ Disciplinary Committee and the Anti-Money Laundering Authority in the Drug Enforcement Commission.

Prior to his appointment as Attorney General of Zambia, Justice Malila served as Chairperson of the Zambian Human Rights Commission. He was elected as a member of the Banjul based African Commission on Human and Peoples’ Rights and was eventually chosen the Commission’s Vice Chairperson in the last two of his six year term as a Commissioner.

Justice Malila is the past Chairperson of the Zambia Law Reports and currently chairs the Chief Justice’s Advisory Committee on Court Operations.

He is the recipient of various awards including the Transparency International Zambia Recognition Award (2009) for his work in the fight against corruption in Zambia and the Zambian Human Rights Commission’s Human Rights Award (2019) in recognition of his human rights work in Zambia and on the continent of Africa.

He has authored six books, namely: Commercial Law in Zambia: Essential Texts (2005), Commercial Law in Zambia: Cases and Materials (2006), Contract Law in Zambia (2008) (co-authored), Imperfect Ruminations Rooted in Hope (2016) and The Law of Business Associations in Zambia: An Introduction (2019) (co-authored) and The Contours of a Developing Jurisprudence of the Zambian Supreme Court (2019). He has contributed several book chapters and is author of numerous articles in peer reviewed journals.

Source: http://judiciaryzambia.com/2016/08/08/hon-mr-justice-mumba-malila-sc/