The working group on Devolved Governance and Traditional Leadership at the ongoing Sector Groups Convention has agreed to delete a provision that provides for parliament to annually appropriate a percentage of the annual revenues of the country to the Constituency Development Fund (CDF).
This means that the Constituency Development Fund which constituencies receive annually as grant from government for developmental projects will be abolished if the clause is allowed to stand in the Zambian constitution.
Delegates at the convention observed that CDF has in the past been abused and not accounted for by the local authorities as the Council has had no opportunity to audit the funds.
Chairperson of the group, Chief Chipepo said Members of Parliament have been using the funds for their own programs to gain popularity instead of using the funds for the intended purposes.
The Traditional Leader noted that unlike the CDF which were being abused by MP, the Local Government Equalization Fund which will be introduced will be given to the council where the District Council will decide to utilize funds.
Article 224, clause 3, of the Draft Constitution which a panel of experts and professional have abolished states that Parliament shall annually appropriate a percent of a total annual revenues of the Republic to a Constituency Development Fund in addition to the money paid into the Local Government Equalization Fund.
Meanwhile the working group has amended article 207 of the FDC to provide for the Speaker of the Provincial Assembly to be recruited from outside the house as opposed to the provision of the FDC that the Speaker and his Vice shall be elected by the Members of the Provincial Assembly from amongst themselves.
The working group which is being chaired by Chief Chipepo has however proposed for provision to provide for the life of the Provincial Assemblies which has been suggested to stand at 5 years.
And the working group has further recommended that Civil Society organizations and Senior Citizens be included in the composition of the Provincial Assembly.
ZANIS
MWALIPENA ITS GOD LAND TOO MUCH FWAKA IN ZAMBIA
Director of Public Prosecutions Mutembo Nchito is coming under pressure to resign and face possible prosecution for freeing his creditor Rajan Mathani from prosecution. Nchito also faces contempt of Parliament charges for misleading the legislature.
It has emerged that Nchito, while making submissions to Parliament to support his ratification as DPP, pledged and assured a Select Committee chaired by Solwezi Central legislator Lucky Mulusa to recuse himself on any criminal matters that would involve Mathani and Banda.
This was as a result of numerous concerns raised by various stakeholders to parliament about Nchito’s impartiality if ratified when he had personal scores with Rupiah to settle while he was idebted to Mathani after obtaining huge financials loans from Finance Bank.
Contrary to his submissions, Mutembo entered a nolle prosequi and has taken a lead role in prosecuting fourth Republican president Rupiah Banda.
In a letter dated April 4, 2013 addressed to Nchito and copied to President Michael Sata, Mulusa finds the DPP’s behaviour not only unprofessional and misleading but criminal and subject to investigations by the Anti Corruption Commission and the Drug Enforcement Commission.
Mulusa is demanding that Nchito reverses Mathani’s nolle prosequi, rescues himself from prosecuting Banda, resigns as DPP and apologises to Parliament and the Zambian people for making false submissions.
“I wish to inform you that, from the onset, the Committee was mindful and alive to the fact that the office of the DPP occupies a formidable position in the…
administration of criminal justice.
“Further, the Committee was aware that decisions taken by that office may profoundly affect the lives of others, hence the Committee’s position that the person holding that office should possess the ability to possess his or her prosecutorial duties in the manner that is consistent with the rule of law regardless of who is involved in a matter.
“As the DPP, you were also expected to be fearless so as to be in a position to make difficult decisions so as justice prevails in all cases,” Mulusa stated.
Mulusa explains that representatives from security agencies and other relevant professional bodies were summoned to provide information that was considered during deliberations before Nchito was ratified.
He adds that while witnesses that appeared before the committee spoke warmly about Nchito’s professional qualifications and experience in prosecutions, there were disconcerting views in respect of allegations of impropriety when the DPP served as Chief Executive Officer of the defunct Zambian Airways.
“All the witness supported your proposed appointment on condition that the criminal allegations leveled against you were cleared. The Committee did not want to brush these concerns aside in the apparent rush to arrive at a decision.
“The Committee, therefore, was of the view that approving your nomination without a thorough inquiry risked subjecting you to unrelenting contestation and opposition which was going to cripple you as the DPP,” he stresses.
Ati experts atase, why not provide for guideline on the use of the CDF instead of abolishing it. I guess this chief wants it to be administered through traditional leaders for those constituencies in the rural areas.
Ba Chief Chipepo: CDF is an innovative and progress programme to provide development fund for a constituency, covering wards and villages. what you shud be debating is strengthening the law to curb abuse, not abolishing, What do you expect elected MP’s to use to develop their constituencies, Councils have failed in the past, so please leave CDF and put in clauses that will even make this money more accessible to ordinary people in the constituencies.
As a result, the Committee resolved to ask the Zambia Police to clear Nchito of any criminal investigations and relied on the appointing authority’s submission that there was no investigation against him at the time and that the investigations instituted in 2008 revealed there was no criminal liability on his part.
“To ensure that your scrutiny was complete, the Committee invited you to appear before it. During your appearance, you commented on your indebtedness to Finance Bank and you eloquently gave a compelling thesis of your alleged persecution by Rupiah Bwezani Banda while he occupied the office of President of the Republic of Zambia.
“To buttress your thesis, you made reference to the fact that political party gatherings were held at State House at which President Banda pronounced on matters regarding your alleged persecution.
“Asked what you would do if faced with the onerous task to make prosecutorial decisions in matters regarding Dr Mathani, or Mr Rupiah Bwezani Banda, you assured the Committee you would recuse yourself,” Mulusa stated.
According to Mulusa, the Committee granted Nchito immunity from prosecution under Cap 12 of the Laws of Zambia but was cautioned that should his testimony deliberately mislead the Committee, the same article would be used to prosecute him.
But, who should appoint Regional Governors? I suggest that this be done by universal adult sufferage, rather than appointment as deputy ministers as is currently the case or as provided for in the FDC whereby the sitting President of the nation makes the appointment.
“After the deliberations, the Committee lifted the immunity earlier accorded you and I wish to inform you that you do not enjoy any immunity from prosecution regarding your status as a witness before the Committee.
“Should your response fail to satisfy me that you did not deliberately mislead the Committee, I will have no option but to seek the Speakers guidance on how Parliament should proceed with this misdemeanor on your part,” Mulusa stated.
Mulusa explains that after watching the conduct of Nchito over the last few months, he concludes that the DPP’s disposition is driven by desire to emancipate his personal circumstance in the Mathani case or settle scores in Banda’s case.
“You are also expected to be fearless to be able to confront difficult decisions so as to ensure that justice prevails in all cases. However, I have noticed that both in the Mathani and Banda cases, this expectation was abrogated when you chose to preside over the matters yourself without due consideration to the promise you made to the Committee as well as respect for the need for justice and rule of law to prevail in all cases; and that job does require a personal approach to matters of prosecution and neither does it require an individual with a lot of personal baggage,” he stated.
Mulusa has told Nchito that he mislead the Parliament when personally entering a nolle prosequi in the Mathani matter despite the DPP personally being idebted to an institution in which the accused owned…
majority shares.
“Dr. Mathani’s ability to pursue his debtors is amazing in the Zambian financial sector. It will be interesting to know how he has proceeded with thios matter after your interventions.
“Without much debate, your act should be considered as gratification on your part and should therefore receive the necessary attention of the Anti Corruption Commission as well as the Drug Enforcement Commission,” he states.
Further, Mulusa states that Nchito’s decision to personally prosecute Banda is indicative of the DPP’s desire to avenge alleged persecution he suffered when the latter was Head of State and as submitted by himself during the hearing.
“Given the foregoing, I am of the informed opinion that you misled the Committee despite warning you under Cap 12 of the Laws…
@showtime Uluse ine get a life man.
“I am also of the view that if you had stated the truth in the Mathani and Banda cases specifically, the Committee would not have proceeded to recommend your ratification,” Mulusa emphatically tells Nchito in a letter in the custody of Zambia Reports.
Apart from President Sata, the letter has also been copied to the Speaker Patrick Matibini, the Acting Chief Justice Lombe Chibesakunda, the Attorney General Mumba Malila, the Director General (ACC) and the Commissioner (DEC).
What is this fuuull showtime saying on DPP. he must be a thief. Now trying to throw mud at Mutembo. Thieves will be locked up. wait until your time comes up. You are a theif showtime.
Mulusa is a loser. he is trying to make up for allowing parliament to lift the immunity of thief banda. mulusa is a loser and whatever he is trying to say is water under the bridge. the chap walked out when he was supposed to be in the house debating. he is a loser.
i love this ..hahaha
This is the first time in the history of Zambia that we are seeing such deliberations coming with positive ideas, all we are looking forward to is the enactment of these clauses in law for a good constitution for our country. MPs have been doing controversial things of late, lets pin them down and be accountable to the citizens not the appointing authority. Ministers should also be appointed outside parliament and MPs who jump the floor or cause unnecessary bye-elections should be banned for holding any public office. 50% + 1 a must. Electoral Commission of Zambia Commissioners should be appointed by parliament. I as a common citizen of this country is looking forward for Zambia to have a good constitution that will stand a test of time. May God bless Zambia and give us guidance and wisdom
Seems we have borrowed lots of ideas from kenyans in these constitutional changes.Are we going to import their constitution wholesome too?
AM PUZZLED! FROM THE COMMENTS I AM SEEING , I THINK I AM READING THE WRONG STORY ?
CDF is unfair. Look at this, Nsama District there is only one constituency, Mufulira District has three constituencies. So mufulira will get more funds than Nsama. When will Nsama develop with the little fund for one constituency which does not even go round the constituency? It has a vast area and such constituency fund has done little ever since it was created because it is too little for the vast area. Ye, abolish it and let a better funds redistribution be put in place.
This Show Time Thing!! Establish your own Web Site and post all those things on it.
Iwe Chi Showtime go and publish your cr** in a newspaper not here. Its boring.
@ Showtime
You must be a real swine! Kapoli! Get a life and find something reasonable to do! You are the same chaps complaining that there are no jobs in Zambia and yet jobs are plenty especially for innovative and hardworking people like us!
Ni Showtime wamu WWF. The Big Show with weight and height that resemble dogie style.
Lucy Changwe used it to build her hotel ,please scrap it ,so many this ministers abused the CDF.
About time….the problem with CDF is that its open to abuse especially by MPs; funds can be used for anything in the name of “development”. The role of an MP needs to be clearly defined MPs should NEVER construction manage projects or spend the money. We are better off abolishing CDFs and instead investing in proper fiscal frameworks.
Zanji, do you have evidence to the statement you have made? If so, why don’t you report to the ACC or forever hold your peace. Don’t get us worked out because some of us hate corruption and our blood pressures are unstable.
@Showtime:
Thank you very much for this very important piece of information. It is always encouraging when intelligent people like show bring out such very important information for all to read. Thank you so much my dear once again. May the good Lord bless you!!
Government is surprised at the Jesuit Centre for Theological Reflection (JCTR)’s extensive criticism of Government’s announcement that it has created more than 195,000 jobs since the Patriotic Front (PF) assumed power.
Information and Broadcasting Services Deputy Minister Mwansa Kapeya said yesterday that it was surprising that JCTR, for reasons best known to itself, was underplaying Government’s commitment to job creation and other landmark achievements it had continued to score. Mr Kapeya said in a statement in Lusaka that the creation of jobs and other achievements were aimed at uplifting the welfare of Zambians as espoused in the PF manifesto.
He said the Government had continued to make steady progress in job creation with over 195,000 jobs having been created in various sectors since 2011.
He said it was, therefore, surprising for a leading civil society like JCTR to say that all the 195,000 jobs were created in the arts industry and that they were of little impact on poverty alleviation and elimination.
He said the assertions by JCTR were unfounded and aimed at misleading the nation.
“This is untrue and unfortunate and we wonder what criteria JCTR used to arrive at this assertion,” he said.
He said so far, 9,716 jobs had been created in Central province, 5, 257 in Local Government and the private sector had benefitted with 24,098 jobs.
He said the Government had also created 5,510 new jobs through the Zambia Development Agency (ZDA) pledged investments as well as 5,858 new jobs approved for recruitment in the newly-created districts.
Mr Kapeya said jobs created in the parastatal sector totalled 29,305 while those created in arts were 116,000 with the real Gross Domestic Product (GDP) having grown by 7.3 per cent in 2012 compared to 6.8 per cent in 2011.
“It is, therefore, surprising that the JCTR, for reasons best known to itself, has chosen to underplay the foregoing and other landmark achievements this Government has and continues to score in uplifting the welfare of the Zambian people as espoused in its party manifesto,” Mr Kapeya said.
He said JCTR was a well-placed and respected organisation which the Government least expected to misguide the public on important national issues.
JCRT national coordinator Leonard Chiti was reported as having said that all the 195,000 jobs were created in the arts industry and were of little impact on poverty alleviation and elimination.
Source: Times of Zambia
@ showtime, what has the story to do with the dpp? Spare us your personal agendas and debate honourably.
Forget showtime. He’s a pissant.
Showtime is reporting what is already a story on Zambia Reports. So give him a break as he is trying to share the same story here.
God Bless.
Ba show time mulishilu ,stop wasting our time ,what is CDF has to do with DPP and your story ubushilu muleke tata. If you were just sent, go and tell those *****s that you did not find us at LT,fool. May be go and try pa WD,if you will be entertained.
Imwe ba show time start publishing newspapers and stop being petty for fu*k
These two feeble minded clowns Bupe and Showtime are the reason LT has suspended reply and rating comments. Chaps go and play on your games consoles instead of spamming the website or go to watchpig…
@showtime. Mulusa is peddling half-truths and he is showing signs of a surrogate to Armsterdam. This matter happened a long time. Why now that RB is Court?
@Short time, Find a different fora, not on this important article CDF, you are simply corrupting our Minds and shifting our attention kufyabupuba, Uwangala no mwele, akafwila kumwele, RB and his team persecuted many innocent sours, its now pay back time, leave the DPP out of this nonsense, why did you ratify him if knew so many Information about the man, This simply shows how dull you ka Mulusa and your former Chief thief. We dint like the way martani was treated, and you think to be smart you bustured, get life and move on, be ready to be jailed.RB will not be cleared until the time he will be broke. The Man has too much money, to the extent of hiring big boys like Armstanioko, the image builders, suck him boy Sikota and vunga. we need him to be reduced to sub zero, and Mutembo will manag
Just wondering how thick our constitutional document will be. I am sure it will be impossible to get the final draft out of the room where it will be printed let alone carry it to courts for interpretation. Why not have a good small document and leave policies to parliamentarians to make, otherwise we need to retrench all of them after the final constitution document is released.
There is nothing wrong with CDF per se. The problem is abuse. Therefore what is needed is to find ways of curbing the abuse. Let every constituency have a commitee that will oversee this fund and let the MP act like an auditor. Councils will end up diverting these funds towards salaries and villagers will never see any development. So NO MP should handle CDF funds.