There is evidence that the MMD and the PF lost the elections of 2001 and 2015/2016 respectively. The article is to dispel several misconceptions by the continuing and emerging super tribalists in the PF that a Tonga cannot win an election and those whipping Bemba sentiments against the Tongas and others so that the Bembas and others cannot vote for a Zambian Tonga President. Christopher Yaluma is seen and heard in a video that has gone viral stirring anti-Tonga phobias in Bemba land. Yaluma ought to be arrested for promoting tribal hatred which could lead to political violence and genocide come the 2021 elections. GBM is also an anti-Tonga crusader who has recently promoted tribal hatred and genocide against the Tongas. A deranged PF cadre recently vented his anti-Tonga venom in the heart of Tongaland in Pemba but the Tongas did nothing to him. They are that peaceful. No Bembas or other tribes have been attacked by the Tongas anywhere in Zambia. We abide by our Independence creed of One Zambia, One Nation.
I have news for those who have stated that a Tonga will never be voted as President of Zambia, as the deranged PF cadre vented in Pemba recently or as Davies Mwila had alluded to a few years back. If that was the case, why would they use the weapon of tribalism if a Tonga cannot be President. They know that is their only weapon apart from rigging, extortion, violence and corruption of the election process using the Electoral Commission of Zambia, Elements of the Army, Airforce, ZNS, Ministries, Civil Service, and the Judiciary among others. It is by committing Treason through rigging and corruption that they can stay in power through bogus winning of an election.
The Zambian People, including the Bemba and others have previously voted for Anderson Mazoka, a Tonga in 2001 and Hakainde Hichilema, a Tonga in 2015 and 2016. A Tonga can be elected and has been elected on three separate occasions but for the rigging, commission of treason, corruption, outright theft and extortion and violence have an elected Zambian Tonga President not assumed office.
Where is the evidence that a Tonga has been elected as President in 2001 and 2015/2016. The evidence comes from the horses’ mouth. President Chiluba declared confessionally on Voice of Africa hosted by Shaka Ssali that he rigged the 2001 election otherwise Mazoka had won that election. Shaka Ssali made the revelation while interviewing a Prominent Zambian in Washington DC and I watched that public declaration or revelation by Ssali. Every interview by Shaka Ssali is video taped, thus it is on Video when Chiluba would have made that confession and Ssali’s revelation is also on Video. Ssali stated clearly that “Chiluba was sitting right there /motioning/ when he declared that he rigged the result of the 2001 election which prevented Mazoka from claiming victory”. Anyone can contact Ssali and he will reveal that he stated so and could produce the two videos- one where Chiluba confessed and the other one where Ssali himself revealed what Chiluba had declared.
A Tonga has thus been elected in 2001 but cheated out of power. Regarding 2015/2016, President Lungu is heard in an audio recording which I listened to on WhatsApp as it went viral and thousands of Zambians listened to it where Lungu confesses thus: “we didn’t get the vote in 2015. We didn’t get the vote in 2016 but we are still here. If we don’t get the vote in 2021, we are not moving out”. Guess who the one leading the biggest opposition was and is: a Tonga by the name of HH and to win in both elections means a good number of Bembas and Easterners voted for him. A Tonga is thus capable of being voted into power in Zambia.
Now to the law of evidence regarding the confessions and declarations of Presidents Chiluba and Lungu. One concerning Chiluba is on video and the one concerning Lungu is on audio, perhaps even video. I and thousands of other Zambians only heard the audio. Both video and audio tapes are admissible into evidence if certain criteria are met. They have to meet the “necessity” and “reliability” tests. If the tapes are necessary to the disposition of the case and the circumstances of their taping and existence are reliable, then they are admissible. I am putting it in a simple manner for easy of comprehension by the general reader.
Would anyone doubt that the tapes would be necessary to dispose of the issue of whether the impugned elections were rigged and wrong Presidents, declared winners? Chiluba stated in no uncertain terms that he rigged the elections, otherwise Mazoka had won. Then Lungu while still President declared that he didn’t get the vote but he is still there. And he will do the same in 2021 if he loses. Chiluba and Lungu were best placed to make the confessions that they did. Other than the courts after litigation declaring who the Winner is, the two Presidents were better placed to reveal that they lost. In fact until recently courts were incapable of declaring a declared winner a loser.
Thus these tapes would be necessary to dispose of the issue to be decided on who the winner was.
In terms of reliability, could anyone doubt the veracity of these confessions that were voluntarily made, without torture, without inducements and the rest. No one can doubt the reliability of these tapes.
Further these confessions come under the heading of “Declarations against Interest” in the form of pecuniary (monetary), proprietary (property/possessions) and penal ( Liberty) interests. This is complex but in simple terms, it simply means that there is no way a sane person can make a confession that goes against his fundamental monetary, proprietary and penal interests if the confession is not true. In the old days, this rule of evidence, an exception to the hearsay rule applied only if the declarant was deceased but now it has been extended to circumstances of a person who is alive but otherwise unavailable to testify for some reason beyond the court’s jurisdiction.
Chiluba is deceased and President Lungu has immunity from the court process, so these declarations as they meet the necessity and reliability standards, are admissible into evidence. Further these confessions go against the fundamental monetary, proprietary and penal interests of the declarants. Lungu has further declared that if he loses, he won’t move out. If there is violence and massive violations of human rights in 2021, Lungu’s declaration against penal interest would come into play and the statement could be used against him, further also as evidence of future intention. Additionally if there is genocide in 2021 against the Tonga because of the anti-Tonga sentiments uttered by the PF and without Lungu’s admonition, that too will be factored in, should there be prosecutions in Zambia or at The Hague.
Tongas have been voted into power in 2001, 2015 and 2016 but never ascended into the Presidency because of being cheated. Bembas and others voted these Tongas into power under the rubric of One Zambia, One Nation. Tribalists, please go home. You will be defeated again in 2021. This time you will not be given an opportunity to cheat. Kwamana Ngamakani aaya.
Dr Munyonzwe Hamalengwa teaches law of evidence in Zambia.