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Opposition accuse PF of violating the constitution as President Sata reverses the appointment of ACC Deputy Director after TIZ points out the error

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TIZ Zambia chapter president Reuben Lifuka
TIZ Zambia chapter president Reuben Lifuka

Opposition members of parliament walked out of parliament Wednesday, accusing President Michael Sata and his government of violating the constitution. “As members of parliament, we pledged to uphold the constitution of the Republic of Zambia and we feel that this government has been breaching the constitution,” parliamentary opposition leader Felix Mutati told journalists.

“They have been creating ministries and transferring some responsibilities from other ministries to another.” Last week, President Michael Sata created a new ministry of defence in charge of rural development and national service, and appointed the new elected Mansazala MP as deputy minister.

And President Michael Sata has, with immediate effect, reversed the appointment of Mr. Alexander Museba as Deputy Director-General of the Anti-Corruption Commission (ACC). Mr Museba was sworn-in yesterday by the President as ACC Deputy Director General

Special Assistant to the President for Press and Public Relations George Chellah in a statement released to media explaining that President Sata has instead appointed Mr. Museba as Chairperson of the Police and Prisons Service Commission replacing Mr. Keli Walubita.

Earlier, Transparency International Zambia President Reuben Lifuka released a statement questioning the legality of the appointment of Mr. Alexander Museba as Deputy Director-General of the Anti-Corruption Commission.

According to the statement, the Anti Corruption Act No. 38 of 2010. Section 12 (3) was categorical on the qualifications of the Deputy Director of the ACC and it stated that “A person shall not qualify for appointment as Deputy Director-General unless the person is qualified to be appointed Judge of the High Court.” The import of this provision is simple, for Mr. Museba to qualify to be appointed as Deputy Director-General; he must satisfy the constitutional requirement as provided for in Article 97 of the Republican Constitution which outlines the “Qualifications for Appointment as Supreme Court Judge, Puisne Judge, Chairman and Deputy Chairman of the Industrial Relations Court.”

The statement noted that Mr. Museba, was first and foremost supposed to be a Lawyer, should have served as Advocate of the High Court for at least 10 years and qualified to be considered for appointment as a Judge.

[pullquote]“We have seen how the President has ridiculed public servants at different events- this surely is not acceptable and simply breeds a culture of fear. However, for Cabinet Office staff and in particular the Secretary to the Cabinet, we want to advise that as professionals, it is their duty to tell the President the truth, whether this hurts him or not. It is not right for any public servant to keep quiet in the face of such elementary errors and we do not accept that professionals in public service should seek to save their jobs instead of serving the people, and thus allow wrong things to be done in the name of political expediency[/pullquote]

The statement also questioned why the Secretary to the Cabinet, Mr. Evans Chibiliti failed to in conduct the necessary due diligence on matters of presidential appointments. TIZ said that they found it hard to believe that the Secretary to the Cabinet failed to notice such a glaring error in the choice made by the President for the position of Deputy Director-General of ACC.

“We find it even more shocking that the swearing in ceremony did go ahead and no one raised this matter with the President. We also find President Sata culpable because, as Head of State, he has at his disposal- different government agencies including the Intelligence Service which should clear some of his proposed appointees before he proceeds to announce their names publicly,” the statement read.

TIZ also advised the president to adhere to the provisions of the law at all times and where in doubt, to seek advice, saying that the President should make himself accessible so that he can be advised as it was becoming apparent that the President has not created the right environment where he can be advised by Public officials.

“We have seen how the President has ridiculed public servants at different events- this surely is not acceptable and simply breeds a culture of fear. However, for Cabinet Office staff and in particular the Secretary to the Cabinet, we want to advise that as professionals, it is their duty to tell the President the truth, whether this hurts him or not. It is not right for any public servant to keep quiet in the face of such elementary errors and we do not accept that professionals in public service should seek to save their jobs instead of serving the people, and thus allow wrong things to be done in the name of political expediency, ” the statement read

The statement concluded by strongly condemning the continuation of the ‘jobs-for-the boys’ syndrome, saying that it was is a pity that the PF Government which campaigned on a platform of professionalizing the public service and the diplomatic service, continues to appoint party functionaries to position of authority.

107 COMMENTS

  1. Ba Sata, very allergic to advice and consultations. What a circus. I cry for mother Zambia and 2016 is too far. Ala kwalepa sana sana fye we need to get serious with affairs of the state. Bravo to the opposition. Please be strong you are the only voice we have. We are being threatened day in day out. Ministers and other professionals are in fear of being fired.by the mighty Sata. I would rather be MP in opposition than be with Mr. Sata. Imagine the entire cabinet is zeee and Mr. Sata rules supreme with impunity. Maybe ba first lady during some moments can advice hubby, he really is on a wrong path. It does not just do to have a loose canon for a president. He lacks the basic leadership quality, consultation. God help Zambia

  2. ..PF Government which campaigned on a platform of professionalizing the public service and the diplomatic service, continues to appoint party functionaries to position of authority.

    Mr Lifuka, how can you be so gullible. Didn’t you read the PF Manifesto and constitution. Don’t you remember us telling you that PF’s constitution clearly says that they will pack Party Cadres in professional positions.

     Hypocrite, where were you when we were beating this drum? Or is it just sour grapes now that you have not been given that position in govt?

    My Friend, you have made your bed with Kaponyas so just sleep in it and enjoy the pain till 2016, and hopefully you have have learnt your lessons the hard way. More is yet to come. This is just a NDYONKO

  3. Please, PF, lets stop treating the President like an all righteous being; he needs help from you his advisers! Does he make you guys timid or what? Bana bahesu sicaba sa mi komoka.

  4. This Lifuka and that Badwell Lungu should be the last people to comment about this.Sata has been making constitutional breaches from day one and for you,it was all good.You even call breaches like nominating 10 MPs,abolition of Treasury Secretary among others as ‘lapses’.Lifuka,just be consistent like The Post in supporting PF.The people already know that the PF has failed to honor their election promises and certainly wont need your help to sort out the current mess in our country of which you were part.

  5. The President was claiming to have experience in Governance prior to elections,what has happened to that experience? TIZ,better late than never,a lot of you Nothing Going On(NGO)s have gone to sleep hoping a Frank Mutubila luck to fall on you but remember you have to belong to the family forest.

  6. 24. GOOD GOVERNANCE AND PUBLIC SERVICE REFORMS
    (a) Civil Service
    Under the MMD government the public service has been underperforming
    largely as a result of a de-motivated workforce arising from
    Governance and the Administration of the State
    Patrotic Front
    44
    Patrotic Front 2011 – 2016 Manifesto
    heavily politicized appointments. Currently many of the Permanent
    Secretaries and District Commissioners are political cadres of the ruling
    party. The public service has been rendered ineffective. Most public
    service workers are not conversant with the General Orders and Civil
    Service Regulations.
    In order to strengthen the public service the PF government shall:
    • Ensure that appointments and promotions to all public service positions
    are made on merit and progression basis;

  7. Thats is true, its too much Mr sata now…we will soon have a Zamabia uprising, and too much nepotism…!!

  8. We told you,! vote wisely now see whats happening, aligning of districts ..rubbish.. diplomatic appointments rubbish….. you asked for a dictator you got one……… why cant reasonable educated zambian give the young man HH the chance to bring this country to where its suppose to be.

    • Because HH is immature, arrogant, cheeky, and gets angry when he is criticized, instead of rationally explaining himself. He is better at condemning others than at seeing what he can do better. How democratic is the presidential election process in UPND I wonder? They should convene every five years. The last time they convened is six years ago. Me, educated as I am, I prefer a practical Kaponya than an imbecilic intellectual. And those of you smart intellectuals who call us kaponyas, how did you fail as intellectuals to distribute education evenly? You had your MMD machinery for 20 years. Bootlicker.

  9. Reuben, you have now started thinking and courageous. Tell you SACCORD friend to do the same on the realigning of district because the could be a source of conflicts they claim to resolve. Spot on Reuben. Keep up with this spirit.

  10. Do we have a president for all Zambians or a president for only a section of the whole country? It’s pity we have no cabinet to talk home about, all are bootlickers who have been brainwashed by the colonial constable.The only way foreward is to ask the parliament to impeach the constable otherwise we shall end hurting ourselves.The constable is a let down to the Zambian nation,even our ever on the road Banda was better of, apart for corruption which has dented his image.

    • There are still a lot of kaponyas who belive in Sata. If impeached, Sta will rouse those kaponyas and cause mayhem in the country. He’s done that before, remember the Chawama hatchets. And also the cry “elections were rigged” every time he lost.

  11. The opposition parties needs to seriously start organising themselves or this country is doomed for failure. Sata is taking us back in time. Investment is slowing, economic indicators are heading in the negative direction due to uncertainty with decision making. The kwacha is slowing showing signs of venerability. We need a stable head at the top, Kaunda was right to point out that this man would not make a good president.

  12. Reuben, you have now started thinking and courageous. Tell you SACCORD friend to do the same on the realigning of district because the could be a source of conflicts they claim to resolve. Spot on Reuben. Keep up with this spirit.

  13. This not the president we deserve! He has already forgotten that he is accountable to the Zambian public who voted him into office. He has assumed such arrogance and a dictatorial attitude in governance with negative far reaching repurcassions in government operations. Indeed, parliamentarians should stand by and just watch the nonsense play out! we should be above this rot!

  14. Lifuka and Badwell what has happened now? No more positions for you? That is the sting of the cobra. Am afraid you lost your moral authority kudala when you went to bed with a male snake.

  15. We told you, you opted to swallow lies; freedom on info bill within 90 days, windfall tax, chase chinese, lower taxes, more money, barotse 90 days, smaller cabinet. Tick from above list what has been fulfilled.

  16. Where r PUBA FOOLS (pf) on this site? Look @ hw empty headed this headless chichen is! Mawe we westerners hv resolved thats his last term. For now hope z on HH and Chipimo. Viva Mutati viva Southern Chiefs viva Zambia abash Poops Full in Sata’s head.

  17. Diagnose the old man.He could be losing sanity due to either age or history of chain smoking and Mmembe could be taking advantage.The same goes to KK.They are probably being abused by gangsters to advance their interests.Remember that with age humans tend to become childish in as far as reasoning is concerned.Critically observe Ba Shikulu Sata and KK’s behavior.

  18. This is getting pretty interesting. Some of us advised our colleagues, some of them very learned, that SATA cannot make a competent president. SATA is only qualified to be a district commissioner. SATA is only qualified to be a party secretary general and in charge of cadres. SATA is only qualified to hack people in Chawama. SATA is only qualified in laundering money from South Africa. i bet you all that by the end of this year, the level of frustration, anguish and confusion, especially among the youth, will be unbearable. This economy will continue to nose dive, especially with the impending salary increases to various sectors. Seriously, how do you appoint an individual and barely 24 hours, that appointment is revoked. Anyway, time will tell.

  19. And here we go again!!! Problem is F-E-A-R !!! People are too scared! Even when things are wrong, nobody has the guts to bring it to the attention of MCS, for fear of losing favour with him, or even worse, losing their jobs. For as long we are not able to stand up for what we believe, and make the necessary personal sacrifices, NOTHING will ever change. Disappointing that Secretary to The Cabinet let this one slide. IF indeed he didn’t then he should have resigned on grounds that his EXPERT and PROFESSIONAL counsel. 

  20. My lack of foresight has come back to haunt me. Amama ine! ni thabile kuni newo.Nsoni zanigwila ine!!

  21. If mistakes have been identified, and corrections made within days, then am happy. I know of mistakes that were made constantly for 20 years and no one was able to even question those mistakes; and by the way; made by the educated. Storm in a cup of tea. Corrective actions taken, and accept to move on. It is normal for one to engage in cognitive bias reasoning, “in retrospect, blabla could have made a better president” yet everyone was free to stand for the post and win. Come 2016 you will still fail to convince voters to vote for you, the educated. But its life, and for once, you feel how Kaponya’s felt for 20 long years.

    • HONESTLY KIBINDA WABA KABWA THIS WAS A MISTAKE THAT THE ENTIRE GOVT MACHINERY SHOULD NOT HAVE MADE AND SHOULD NOT MAKE AGAIN. THIS IS VERY DISGUSTING AND IF MMD MADE THOSE MISTAKES IN THE LAST 20YRS; TWO WRONGS DO NOT MAKE A RIGHT AND SATA WAS PART OF THE FIRST 10 YRS SO HE OUGHT TO KNOW BETTER AND DON’T YOU DARE EXCUSE HIM.

  22. The problem is Zambians never learn!!!! It was clear that Sata was not a good candidate for president but they went ahead and voted for him!!! Zambian are passive, forget easily, and very emotional without analysis!!!

  23. Chiluba told you that Sata is not presidential material. Kavindele told you that Sata is a hard worker but he performs well under somebody. Hardly six months down the line both men have been proved right. The only “development” that has been achieved by this government is in the area of blatant nepotism, tribalism and regionalism. Anyway, like someone has already stated, Zambians made their bed and they should sleep in it. What a pity!

  24. We aren’t seen nothing yet! Remmy Moshota (MHSRIP) once satated that because of voter aparthy and tribal bigotry that characterises most Zambians, we ran a rist of voting for a mad man. How true indeed the bad dead thieving Doctor was. For all I can judge, Sata is truly mad in the head.

  25. # 34 ‘Kibinda Waba Kabwa’
    That’s another problem with Zambians, burying their heards in the sand, failing to accept the truth and learn from them!! Sata has been making the same constitutional mistake from day one among other mistakes and you sit on your smelly ass to say mistakes have been made for 20year!!!???

  26. i would rather live with this constable sata who is feared by thieves in his party than live with rb who tuned this country into another mafia lead country where his family ran havoc including his twin toddlers, or hh who is nothing but a tribalist and an amature in politics. well sata is making mistakes here and there, but they are not as costly as the ones made by mmd in 20 years, thats why they were voted out. as for you advisors, why are you not advising the big man? start behaving or else….

  27. What is happening now is what has been happening all the time from time immemorial. Remember grown men and women have been stating without shame how they were “under duress” or how they were “coerced” to do illegal things (ZESCO, Zanaco, Zamtel, etc.). Unless and until we are able to act fearlessly and according to the letter of the law we have laid down, this back and forth will continue. It is shameful how advisers and so-called professionals are only in it for their small stomachs that they end up bloating at the expense of progress! I am still watching the trend…

  28. # 41 Mature For your own information, Sata is the biggest tribalist in Zambia!!! He is a dictator by virtual of creating fear in his people!!!

  29. A circus regime of kaponyas by kaponyas for kaponyas. What didn’t we bring out? We did our best but because you are daft you failed to digest anything from an intelligent debate. Wise people appreciate the fact that forewarning is forearming. Would you accuse patriotic Zambians if they call you another Ignoramus pinhead PF cadre? Who doesn’t know that for a year we expounded this fact that in its parroted manifesto from its mother parties UNIP and ZANU/PF where they derive their names from, PF manifesto had incorporated a prerequisite of being a PF cadre to serve in the public service. Now that your lawless party has left you out, you start barking aimlessly? Leave that to a Generational change leadership with a change momentum not you job seekers.

  30. Mr President is surrounded by wrong or dull ppl. He mst re-deploy those politicians close to him n appoint ppl that wll gv hm proper guidance. iliko bad lol

  31. The message is clear. All we want is transparency and adherence to policy. Short of that PF must go. As for the members of cabinet, shame upon you guys for not doing what is right. You are expected to serve without fear. Yes, when the president is wrong, tell him so without reservation. If you accepted that appointment for money in your pocket, then you must quit. We want people that are able to use the five human senses and come up with decisions that make sense. Let’s be serious. You are no longer dealing with an illiterate electorate. Your days are numbered.

  32. #40: Malema. Calling me “smelly ass”; is that the only insult you know? I am dissappointed, I expected bigger insults than that man!! Waiting since your ass brings out icecream i guess. Keep going, am waiting.

  33. This president is a wrong one, he is bent on destroying this country. He just wants his tribemen to be in charge of every ministry and govt departments. The only proper qualification for Museba was that he is from the Bemba speaking parents as Sampa is on record telling this nation. we shall soon have people or tribes decleared as rulers. Shame ba Sata you cannot be making mistakes day in and out, it is a sign of incompetence period on your part and the voters. Next time we need to include a cluase for being educated minimum a degree from a recognized univeristy.Even if one wants his tribesman to rule at least quality pls.

  34. TIZ Lifuka, it is not enough for a president to have advisors, the president himself must have some basic knowledge which will guide him to the right sources of information. Much like when you want bread, you should have the basic knowledge to guide you that you can buy it from the bakery or from Spar or etc.

  35. Who can advise MCS when he has intimidated everybody, as TIZ Lifuka says. Chishimba Kambwili has had his fingers burnt, now he can’t speak on labour issues let alone advise the president. Professor Nkandu Luo had her fingers burnt on street venders, now she can’t speak on that subject let alone advise the president. Secretary to Cabinet, that illustrious professional, had his fingers burnt, now he can’t open his mouth let alone advise the president. I don’t know about AG Mumba Malila or Solicitor General Musa Mwenye, but then these two are party cadres anyway and so will agree with anything that the president does.

  36. Here is Mr Sata’s laughable argument: When the colonialists scrambled for Africa, you did NOT complain so why do you complain when all i am doing is scrammbel for southern province.

    The colonialists were right, so i have to be right too.

  37. Its very distressing for one to appointed and sworn in then less than 24hrs the appointment is revocked. I wonder if Sata consults his cabinet officials or not or its I know it all myself.

  38. It is a very embarassing fact that we seem to be going backward instead of forward in our leadership. The youth are demotivated to think act speak out on issues. The professionals are hypnotized by donchi syndrome. The kaponyas are still kaponyas. This is recipe for revolution!

  39. The AG is the chief legal advisor to govt and the president. For the president to make such a constitutional error the AG and the entire legal team must resign if their heads are functioning properly not the president. Since they think from the ass they will stay on and allow the prisedendt continue making mistake especially legal ones Mumba Malila resign this is on your head

  40. # 4 MMD Chief Boot…………. The circus has only began. More pop corns as we await news for Zambians to start paying taxes to state house. Opposition have began the battle to dismantle the ELEPHANT in the living room like that of ZIMBABWE. Southern Africa has produced a BLACK COLONIALIST who is not a shamed to liken himself to white imperial colonialist. Pop corns plus salt plse, the show goes on.

  41. I am loving the contraversies that Sata is creating coz it gives most of you people a life, just look at your postings- dull, full of hate for other tribes, emotional, immature, jokers, time wasters.

  42. Mr. Lifuka has done a good job. Pity the opposition did not say anything apart from walking out of parliament. MMD needs to wake up and expond on these contentious issues. UPND are doing the job despite being the smaller of the opposition parties. MCS is opening the door for the opposition but they are not grabbing the opportunity being offered.

  43. @Manone, you interestingly find the time or ‘something to do’ yourself on this forum, by observing and commenting on the so called time wasters posts…isnt that ironic? You choose to insult or trivialise people speaking out about some serious issues that are to do with a blatant disregard/rape of a document called the CONSTITUTION of the republic of Zambia! Perhaps the language and style of their expressions isnt agreeable to you but that is the principle of one of the major tenets of democracy: FREEDOM OF SPEECH! Heard of that, tosser?? if people are angry at someone whose been given the mandate to serve and protect their constitution which you may know little about, it is not only ‘something to do’ but is a civic duty for any citizen with at least 2 brain cells to speak out on!!!!

  44. How much confusion will our tummys manage to stomach? At this rate, I wonder where our country is heading to. Anyway, this expected from PF. Anywonder, the pact between PF and UPND could not continue due to the confusion from one party. No systems, no plans, no scientific approach in its management. Has cabinet office failed before to advise RB, Mwanawasa? Why is it now when H.E. Sata is in power that there is a breakdown? Whom should be blamed?

  45. does PF understand the republican constitution? Look at the threats from H.E. on his citizens who want to demonstrate on realignment!

  46. Mutati is giving good leadership to the Opposition in parliament through provided this type of leadership. We need a proactive Opposition and thanks Mutati. We’ll make you President of Zambia in 2011. You are Presidential material!

  47. Music to my ears. Love it – Love it. Thanks to TIZ for being on the ball. These people also just allow themselves to be appointed knowing very well that they don’t qualify

  48. The president needs a Legal Advisor at state house, not the AG, if levy loya wa ma loya had a legal advisor sata needs one even more!

  49. Very sad. This is unprecedented in Zambia. We have a Lawyer running a pro-Michael newspaper but he was happy to overlook a breech of the constitution! What a shame!

  50. this is wat happens wn u use the wind to lead u to th polling station instead of your brain…. to hell with ths govt, mmd wsnt good either bt is far much beta thn pf and all those trying to protect their jobs… i wont be surprised if he turns out to be lyk mugabe… ba koswe

  51. this is wat happens wn u use the wind to lead u to th polling station instead of your brain…. to hell with ths govt, mmd wsnt good either bt is far much beta thn pf and all those trying to protect their jobs… i wont be surprised if he turns out to be lyk mugabe… ba koswe:o

  52. our President twapapata do the right thing humble yourself and consult, your are really losing it and I’m wondering if this will stop or its just the beginning cause so far all you are doing is been a dictator, every one around you is afraid to say “awe taifwo ba President besu”.Thanks TIZ show him he is not run a one man’s show.

  53. By the way CoI on BEA has recommended that this be respected as it was, we shall see what next steps Sata will take

  54. Iam volunteering to be employed as Legal Advisor to the President! I have not seen the inside of a Law School though but i have been told that a good lawyer konows Law but the best lawyer knows the Judge! I know one judge, tikolewa naye!

  55. Let them walk away; these are leaders under MMD that were in power for 20years. They brought Zambia backward. Very foo.lish. It is not a new ministry, but two deputy ministers under defense to help with rural development. MMD NEVER WANT ZAMBIA TO MOVE FORWARD SO THAT THEY CONDEMN SATA. We know there tricks. Very Dirty minded people. Let us make it clear that there is no New Ministry. But additional resource to deliver services better you dull fo.ols.

  56. The return of colonial theology. Our political map, with its constant shift to the right, left, center reflects precisely this colonial logic, which has been exhibited by your HEMCS.

  57. Bakolwe balasekena ifipato, you who is condemning do you think you are any better.dont condemn just advise,bambi mulafwaya nokulepuka imisula pakuseka ama mistakes ya ba nenu

  58. hh will never be president especially if u tongas continue behaving like this, let sata make his own mistakes n stop insulting pipo who voted for him…….long live da president

  59. We all know that the pres has always exhibited and exercised very erratic behaviour in the past and more so when he shockingly assumed the number one job. He just does exactly what the more rational of us who were not overcome by the ‘wind’ said he would do. Chanda Chimba perhaps got paid to point this out but most of us knew even without his flowery and sometimes bizzare programs.MCS is just being himself so far! however the *****s are the ones who accept these illegal appointments and even start celebrating knowing fully well that if by any chance they last more than 3 months (before he wakes up on the wrong side of the bed): they will have to sing his praises all day long, have no opinion and have their lips permanently glued to his a@@. HUNGRY embarassing professionals, shame on you!

  60. this president’s judgements must be brought into question. it amazing how are experienced politician like him can manage to make many mistakes like this. i will not be surprised if he replaces the VP before the end of the year. this for sure is job on training and countrymen brace yourselves. 

  61. #90…you have hammered the nail on its head as regards #81. I feel really sorry for him. I hope he realises that the first part of the 20yrs of mmd; mcs was the foundation of govt and alot of mistakes were made and alot of corruption. mcs actually advocated for the infamous 3rd term so what is he allergic to now and not then? If Chiluba was that bad why was he advocating for the 3rd term? threatening Nawaki with what? Some kind of gbv. How we zambians easily forget.

  62. Then who should be our next president after 2016 mwebantu? Will it be W.Kabimba or G.Lubinda? Definately not ba Sata,HH,Mutati or Nevers twapapata mwe bantu.I’ll go for Lubinda. He is my man.

  63. I am loving it!!!!!  How dull can an old man be?! Sata has no leadership qualities at all.  Welcome to the sewage pond called Zambia where the biggest turd is at State House.  There shall be no development in the next 90 years with this type of idi0t at the helm of the country.

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