President HH Favours Appointing People From Zambezi Provinces- Sean Tembo

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ABOUT THE NEED FOR DECENCY IN THE EXERCISE OF STATE POWER

By Sean Tembo – PeP President

1. As an elected President of a nation, it is very important that you embrace a higher moral standard in the manner and fashion that you exercise state power. Your standard of conduct needs to go beyond the legal requirements. In other words, legal provisions should be seen as providing the barest minimum of your expected conduct. You as an individual President must endeavor to add to the minimum legal provisions that prescribe what you can and cannot do, by introducing morality and decency in your behavior and conduct. Indeed, the exercise of state power without morality or decency is a recipe for national disaster.

2. Why do I raise the issues of morality and decency in the exercise of state power? Well, because ever since ascending to the Presidency on 24th August of last year, President Hakainde Hichilema appears to prescribe his standards of conduct to the barest minimum requirements of what is legal. However, something might be legal and yet unethical, immoral or indecent.

3. Allow me to illustrate my point with the help of an example. A few months ago, ZNBC the state broadcaster advertised for the position of Director General. The response was overwhelming and candidates from all provinces of Zambia applied for this job. We all know that for quasi-government institutions and agencies like ZNBC, the President of the Republic of Zambia has the final say on who is selected, even though the announcement might be made by the Board or the line Minister. When the Board finally announced that they had selected a renowned and well accomplished journalist by the name of Ms. Maureen Nkandu to lead ZNBC, I for one was elated.

4. The basis of my elation was largely that someone who does not hail from the three Zambezi provinces of Southern, Western and North-Western had been selected to led a key state institution such as ZNBC. I hoped against hope that this gesture heralded a new chapter in President Hakainde Hichilema’s presidency, and that his affirmative action in favor of the three Zambezi provinces had finally been concluded. It is of course an open secret that during the previous PF regime, the majority of key Government and quasi-government positions were held by Northerners and Easterners. But l had hoped against hope that President Hakainde Hichilema would not see his presidency as an opportunity for payback, but would embrace the posture taken by former President Kenneth Kaunda who embraced all regions of Zambia in equal measure.

5. However, it has so far turned out that the spirit of One Zambia One Nation only exhibits itself in President Hakainde Hichilema when he is soliciting for votes. When he is allocating job opportunities, it is the unsaid spirit of One Zambia Two Nations that is stronger and more overwhelming in the President’s mind. One first class nation made up of Zambezi provinces and another second class nation made up of Non-Zambezi provinces. Of course, the first class citizens of Zambia get all the Government and quasi-government jobs and are awarded all the lucrative tenders. On the other hand, the second class citizens are harassed on a daily basis, their property forfeited to the state without any trial, arrested and detained without trial and portrayed as criminals. In other words, the two-class system that President Hakainde Hichilema has created in Zambia so far is such that first class Zambians are largely enjoying whereas second class Zambians are largely suffering and being persecuted. Of course, it is impossible to prove this two-class system illegal in a court of law, but it is definitely immoral, indecent and a future time bomb.

6. It is for the above reasons that when Ms. Maureen Nkandu, someone who hails from the Northern part of Zambia and whom President Hichilema considers as a second class Zambian, was appointed as Director General of the Zambia National Broadcasting Corporation, a key state institution, l was personally filled with a ting of joy that the President had finally ended his divisive honeymoon and had come to his senses and will act like a statesman going forward. But Lord behold, no sooner had Ms. Maureen Nkandu been appointed ZNBC Director General than was her contract withdrawn for unknown reasons. It appears that the President was absent minded when he gave the go ahead to appoint Ms. Maureen Nkandu as ZNBC DG, and as soon as the news reached him, he directed for the withdrawal of the Contract of Employment. Talking about withdrawal, there is no provision in the Employment Code Act No.3 of 2019 which provides for a withdrawal of a contract of employment, only termination. But being the decent human being that she has always been, Ms. Maureen Nkandu decided to accept this illegal termination of her employment as ZNBC Director General without any contest. My view is that had she sued for unlawful termination, she would have been entitled to a hefty compensation.

7. But the unlawful termination of Ms. Maureen Nkandu’s employment as ZNBC Director General is not the main point of my article today. I mean, President Hakainde Hichilema using state power to act with impunity towards less powerful citizens is not something that is out of the ordinary. It doesn’t make the news anymore. The point of my article today is to illustrate the effect that the illegal termination of Ms. Maureen Nkandu’s employment as ZNBC DG has had on the citizens of Zambia, and their perceptions of the President’s preferences in recruiting candidates for vacancies in key Government and quasi-government institutions. According to media reports, there were a total of 14 candidates drawn from all corners of Zambia, who applied for the job of ZNBC DG when it was first advertised. However, media reports indicate that there are only 5 candidates who have now applied for this position after the Ms. Maureen Nkandu debacle, as follows:

1. Mr. Berry Lwando;
2. Mr. Topsy Sikalinda;
3. Mr. Bhenkele Hachitwe;
4. Ms. Macenje Mazoka and;
5. Mr. Bright Nkaka.

8. I must mention at this point that l personally know three of the people on the list above, and they are very accomplished individuals. However, if the list above is accurate, of which l have no reason to believe that it is not, then it presents a disturbing picture. Whereas the first list of 14 applicants represented every corner of Zambia, the above list of 5 applicants only represent one province; being Southern Province. Additionally, it appears that none of the other 13 candidates who were left behind after Ms. Maureen Nkandu was selected, has applied in the second round of recruitment after Ms. Maureen Nkandu’s employment contract was summarily terminated without cause. Do Zambians in general and potential candidates in particular feel that the only way they can be selected as Director General of ZNBC is if they come from the same province as President Hakainde Hichilema? Do Zambians feel that, despite their qualifications and experience, if they hail from certain regions of the country, then they stand no chance of being recruited to certain positions in Government and quasi-government institutions? These are the questions which President Hakainde Hichilema needs to begin to ask himself. But is he a discerning enough person?

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SET 13.11.2022

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