The Law Association of Zambia LAZ says citizens are entitled to privacy and that The Post’s recording of Finance Minister Alexander Chikwanda’s private conversation is a violation of the country’s supreme law, the constitution.
This contained in a statement in response to a number of queries among them the legal implication of the secret recording of Mr. Chikwanda published by The Post, the controversy surrounding the president’s health and allegations that Mr. Chikwanda directed ZRA to pounce on The Post Newspapers.
LAZ president George Chisange says the highest law in the land explicitly grants citizens their right to privacy in their homes hence any recording done without their consent is a violation of their constitutional right to privacy and are at liberty to seek judicial redress.
“Under the republican constitution all individuals are entitled to privacy in their homes. If indeed the recording is genuine and was made without the consent of the parties involved it is a violation of their constitutional right.
“The constitution itself gives the person who feels that his or her freedom to privacy in their home has been violated the right to seek legal relief before the High Court of Judicuture,” Mr. Chisanga explained.
On Taxation, the LAZ president says allegations that the Minister directed ZRA to fix The Post Newspapers raises questions as to whether ZRA, which is suppose to operate without political interferences indeed is an autonomous body.
“All laws of the land of which tax laws is an instance, are premised on the principal that they shall apply uniformly to all subjects of the law without discrimination and that the legal authorities charged with the task of administering the law shall act independently at all times, consequently the suggestion that the Honorable Minister directed ZRA to pounce on The Post to collect outstanding tax raises suspicion that ZRA does not apply the tax code uniformly and independently.”
He added: “this can in turn have serious negative impacts on the revenue collection by ZRA from the tax payers.”
He also explained that it is a duty for individuals, residents and companies operating in the country to oblige to the nation’s taxation laws and ensure that they pay their taxes.
Mr. Chisanga however says there are provisions within tax laws which can be used to pay over a period of time in agreement with ZRA for individuals and companies who have difficulties in paying.
Mr. Chisanga also said the sickness of republican president Michael Sata should not be shrouded in secrecy and controversy.
I stopped buying the Post in 2011….they completely lost objectivity. They were silent on the abuses of PF, kept quite on poor governance and nepotism….they are a completely discredited paper…..
@OBATALA
Spot on observation right there.
As for ABC not seeking judicial redress about the illegal recording,its up to him as to when he will make life difficult for Mmembe because the evidence is already out there. Therefore Mmembe would be very f00lish to think that this issue is dead and buried just like the issue of the tax arrears ZRA wrote off secretly for no reason while harassing hand to mouth businesses to pay up.
Mulandu ci ola, in the next government Mmembe ,Shamenda, Kambwili,Kabimba,will pay dearly. At least Masumba will be free by then.
Folks
If you are in Zambia and you do not want ZICTA to monitor your mobile activities just google Geosim and buy one. Unfortunately you can only top it up in South Africa or Namibia on line. Its the cheapest option to beat ZICTA and you can use it to phone abroad cheaply.
I know the Post was wrong on this one. But how about the President who told Chief Jumbe that he knows what happens in his bedroom?
LAZ, please help,… or is it Chiwamila Galu kuluma mbuzi not mbuzi kuluma Galu.
Folks.
Here is a website where you can buy a GEOSIM that can not be monitored by ZICTA.
*******GLOBALSIMCARD**********
@Wanzelu,
I thought we are talking about people being Honorable and being law abiding citizens, and you are busy encouraging lawlessness.
Just love your Airtel/ MTN sim card.
@wanzelu but iwe you are a real problem child..so you want other people to become active cowardly spreaders of seditious lies and rumours like yourself wanzelu??? Up to now you still have no shame for telling lies for 3 to 6 months continuously.. you are really something.
@Gundown, @2020vision, could you kindly enlighten us: – when I am visiting Zambia I can choose to continue using my UK sim card, i.e. roaming. @Wanzelu is merely informing those who may not know that they have a choice to roam too, even if they are in Zambia. Please clarify what’s unlawful about that?
No one sits to just monitor your mobile activities or we would have more than 4,000,000 ZICTA employees.
People at OP will only monitor your phone if you are a threat to National Security. They don’t monitor normal, innocent and simple Cross Border traders like Wanzelu. Please do not be scared of your own shadow.
@Cactus, yes you will roam with your UK sim card but note that you UK number will be assigned a local number on the MTN/ airtel system. If you are going to use Wanzelu’s discoveries, it means you want to avoid being assigned a local number. Hope I have helped you.
I stopped reading The Post, Watchdog and Tumfweko because they are all pretending to practice journalism when we all know they are just mudslingers who believe in blackening those they identify as their foes. News is not supposed to have an agenda. Its supposed to be a report on what has happened from an objective viewpoint as much as that may be difficult to do.
Gundown @1.8
Im hoping that you have just make a slight mistake and not just talking without. If you ROAM, you are essentially using your own number (UK in this case) but operating on a local network such as Airtel/MTN/ZAMTEL. Otherwise if you are assigned a local number, then you are NOT roaming.
Equally, you appear to ignore the fact that Govt through ZICTA is detemined to monitor what people say and contribute to online media, especially those that submit articles and information to the likes of LT, Zambia reports and Zambianwatchdog. Govt and the likes of you may call this “Threat to national security” while some of us will label it as “an affront to freedom of speech and media”.
I’m always interested to learn what “national security” really means in Zambia?
Folks
What happened to ABC, throws a lot of doubt as to whether, ZICTA is there for security reasons or not. I am not saying that ZICTA was responsible for ABC ‘s phone tapping but there is a good chance that some greedy poverty stricken ZITCA officer might have accepted a bribe from the post to get that recording. In Zambia such things under PF are very common.
Now in the light of what transpired when ABC was enjoying his red wine, there is no guarantee that ZITCA ‘s phone tapping is only intended for security.It is possible that it can be used to fix enemies of those privileged to access ZICTA information.
So to be on the safe side, you can avoid being monitored by ZICTA by using GEOSIM. Besides its a cheaper option for those who are visiting home than roaming.
No malice…
Wanzelu
chikwanda was not on phone when he was recorded , stop deceiving people. Its people like you who are being monitored not my grandmother in shangombo.
In UK they monitor,thats how they have been able to arrest those wanting to behead people. Australia,America ,they all do it please.So get over it.
@Gundown.
Your level of analysis is seriously worrying me now. You do not need 400,0000 people to monitor phone activities. All you need is the soft ware that keeps records of any phone activity and alerts the monitor if any specific seditious material appear in the phone activity for analysis.
One person can monitor a lot of people’s where about and who they chatting with using simple apps off the internet. So its not a mammoth task as you think.
If you give me your phone number, I can hack into your phone network and start recording all your phone activities like eating roasted ground nuts. I would even be able to pin point exactly where you are at any given time.
This is the 21st Century remember! So stay sharp my friend and keep your eyes peeled.
@Gen
Yes in the UK they monitor us, but they have not compelled us to register our sim cards or restrict our service if we don’t. In the UK there is a greater degree of freedom unlike in Zambia under PF. Here I can speak ill of Cameron any how I like no police or NCA will storm my house.
I can even label Cameron mad , GCHQ would not be worried about this. They have major things to worry about. Unlike in Zambia, where expressing an opinion against the president is a criminal offence, here its not.
In Zambia, according to 2020vision’s admission, ZITCA is there to monitor those of us who speculate that Sata is sick and will die soon. Any one who issues a statement against the PF rogue regime is labelled a criminal against peace.
Zambia has just become a joke of a country…
What is baffling is the decision of the Victim of the unauthorised recording not to recall and apply the Constitutional provision clarified here, which is clearly in his favour. Public opinion is also on his side. Magnanimous or quitter? The answer lies with the Minister.
@ You and Me
Magnanimous Minister or Minister who got message laud and clear?
How many more recordings are made?
@ Me and you….Chikwanda is a political weakling there is nothing he can do to top it all, he is Old and doesnt have strength to start pushing people.
Kabimba was just UNLIKE tht ba Chikwandaa tried to show his political muscles. Otherwise Chikwanda will ALWAYS be a POLITICAL novice !!.
Chikwanda a political weakling, a political novice – are you sure?
Who do you think usurped Kabimba?
@Anderson Chisala: To the contrary, Chikwanda is a snake in the grass!
i also believe and know they violated the law. what beats my simple reasoning is why ABC wont sue them. i guess he knows there could be more damning recordings which could be more damaging and the post on their way down will try to pull as many as they can with them. ABC may be very clever not to sue them so they he doesnt provoke them to a point of releasing more of these recordings. all well meaning zambians should collectively condemn this type of journalism. how many of us are being recorded? probably it is the ZICTA compulsory registration at work here? just thinking beyond the given
@Ine wine
You are right to assume that the illegal recording was done in collaboration with ZICTA because the prominent officials at ZICTA were recommended by Mmembe cartel to gather information for it for the rainy day.
LAZ must never be found wanting. LAZ must adhere to the highest ethical standards. LAZ must not act above law, nor below law. The right to privacy is sacrosanct. However, the parties may choose tolerance, accommodation, forgiveness, reconciliation. Clearly, the The Post finds itself in a desperate situation. There is no need to whip a dying horse.
@ Dr. Makasa, what is the meaning of (Private Citizen) after your name?
it is a genuine question. Please enlighten me.
Good point, Cindy. I have equally been wondering. Is it that Dr Kasonde has Euro-hangover?
@Cindy
Dr kasonde wants us to have an impression that he has nothing to do with PF and yet he works for the ministry of foreign affairs.
Kwena chachine mwasukeni Cindy ba Pulaiveti Shitizeni
1.The Post was wrong to record Chikwanda’s private conversation…uh…according to the law.
2. Chikwanda was wrong to say the things he said against his compatriot Guy Scott.
Which one is more serious considering the objectives of Chikwanda and those of the Post?
Which one of the cases is criminal?. Criminal offences carry more weight than civil cases. The Post committed a criminal offence whereas Chikwanda committed a civil case.
What is all so clear is that all the wire- taping has only revealed the substance of ABC as a man who cares for law and order in the country. Post, pay your debts then you will report objectively.
The POST was wrong to record and publish the conversation…..This is now personal hatred. The POST can bring big problems in the country if we as citizens are not careful.
In the world of journalism, many world leaders have been caught saying politically inappropriate things. For Chikwanda, the damage has already been done.
THE POST MUST CONDEMNED BY ALL WELL MEANING ZAMBIANS TO HAVE RECORDED ABC WITHOUT HIS KNOWLEDGE.AND ITS EVEN BETTER THAT LAZ HAS CLEARED THE AIR,SO IN ORDER TO DETER WOULD BE OFFENDERS LET ABC SUE THE POST NEWSPAPER BECAUSE WE WANT SANITY IN JOURNALIST.
In the UK, the NEWS OF THE WORLD and its Editors were jailed and the Newspaper is dead and gone. A lot of people were compensated for wrongful snooping on their telephones.
The post fools are going down.
The post did not record that conversation. The recording was done by the very person ABC was drinking wine with, then took it to the post as agreed. The person who drunk ABC’s red wine is a traitor, ABC knows he did the recording.
Zambian news now revolves around Fossil Chikwanda, Me’mbe and then back to the sicky frail old deadwood in State House getting paid a $50k annual salary for doing absolutely nothing.
Zombies wake up and look at what time it is; our colleagues are moving forward we stuck in gear one…not worth reading all this rubbish.
I think ABC won’t sue because he knows he might set a precedent for all Zambians whose sim-cards have been ‘registered’ for the exact same reason by the very Govt he is part of. God does have a sense of humour. What goes around, comes around.
As for you ba LAZ, where were you when Govt bulldozed citizens into sim-card registration with a clear intention of unlawful eavesdropping? Your selective application of the law has not gone unnoticed. Shame on you.
Nope. For SIM cards Ts and Cs apply. ABC never signed anything to be recorded. You signed away your rights to ZICTA when you registered your SIM. Has the Brigadier Miyanda’s SIM been registered yet? He is the only so far who did not sign the dotted line.
@Wanzelu, whats your profession?
@Gbouy
I am Safety Engineering consultant.
Like Rupert Madock was taken to parliament, MEMBE and his Stupid paper must appear before parliament to answer charges of failling to pay taxes and also recording people’s private lives. We know membe is untouchable… the police and ACC can not do anything about him but Parliament can do. We know Membe is bloke and he is doing all these things to force Govenement to close his bloke new paper so that he can run away from the debt. Membe is owing the Zambian People about K60 BILLION in unpaid taxes and DBZ. We are also aware that this FRAUDSTATER is owing Banks alot of Money. Please Zambian Youths let petition parliament to get money from membe. The money this ***** is owing ZRA would have paid for the 4000 UNZA students. Come on students lets go in the street and force membe the money.
@James Kazembe,
Your point to take M’membe to appear before parliament is appreciated but unfortunately you cannot place House of Commons on par with the cadre-controlled Zambian parliament. The former is transparent and the Speaker does not have to consult the prime minister to make a ruling whereas the speaker of the Zambian parliament must await instructions from state house or PF cadres to make a decision.
Fred mmembe is behaving very desperate and panicky, why??? Somebody plz help me understand why. I wonder if he even sleeps let alone dozes off. kwati asobesa wallet sure!
The advice from LAZ as usual is so weak. Lets just suppose Mmembe got the recordings from the OP by what ever means and published them through the post. How do they nail him? Reporters cannot be forced to reveal their sources and chikwanda has not refuted what was recorded, therefore the court can possibly admit the recordings as evidence against him. Its as simple as taking a video recording of a thief stealing. That is evidence as long as it is related to the court case despite non consent. Its up to the judge to weigh up the recordings and decide whether to admit them. Why do you think chikwanda is not suing Mmembe when he was so quick to do so on Dr Mphande and FR Luonde? Mmembe is smarter than most bloggers here think.
Indeed. I thought so. Mmembe is a lawyer actually. He could not have been so careless.
I’m an Engineer by profession. We usually have only one formula applied on a particular design problem….but our friends in legal fraternity usually have two opposing sides on the same issue….LAZ should not excite us with the prosecution side only….Remember how Moono from ACC excited us on Shamenda 24hrs reporting requiment a few days ago…..the same Moono diffused us with another clause of ‘public officers exemption’ the following day…..M’membe whatever they call him just graduated as law practitioner, ABC has good lawyers and seems both camps are not bothered and concerned…..why??
Until LAZ brings out the sections, clauses, part 1, part 1b part 5c etc of the entire provision, I’m not getting excited.. I’m sorry….
another news of the world cage the chap
As for Chikwanda, he gets tried by the words of his own mouth. No stronger evidence exists.
How can ZRA be an autonomous institution when the appointing authority is the president (serpent in this case)? I thought the custodians of the Law (LAZ) knew this better than i
Ka Fred knew that it was an offence before doing it but still went ahead and recorded Ba Alex,
Ba Alex knows why he is not going to court for this,
Ka Fred and Ba Alex could have done a deal together and Ba Alex is scared if he takes ka Fred to court then ka Fred could just spill the beans, and we all know by now that ka Fred has nothing to lose anymore….i don’t know what others think
The Post cruscendo’s character is hapedinious and preactorius and should be condemned by any individual. What they did to Chikwanda was acronimicably stamping on his personal solonial privacy and not be imbibed by anyone.
Bloggers. I have just read the post headline. Mmembe has released another interesting recording of Chikwanda. I am beginning to enjoy this now.
The POST and MMEMBE have outlived their use and purpose from a long time ago. They have made their existence completely irrelevant to well meaning Zambians. By “hook or crook” MMEMBE has to go. The bastard pretends to be religious; he thinks as if he owns Zambia for only himself. What a hypocrite? He needs to be fixed now, once and for all. I rest my Case.
Let’s not be hoodwinked by politicians. As much as you may distrust Mmembe, you need to be even more weary of our politicians. Any time politicians try to ‘do us a favour’ by silencing ‘unpatriotic’ newspapers, we need to worry. Besides, people like ABC and Kabimba are unelected MPs! They are both in it for what they can get and are no better than Mmembe.
As usual LAZ coming late to the public discourse with their lame legal opinion after everyone else has commented. When did this issue happen and now the heat has cooled our legal experts are now coming to guide us. LAZ has really proved to be irrelevant on so many occasions when the public needed them to lead and guide instead of being followers.
So sad to see how dumb some Zedians can be. The post was given the tape by someone who ABC knows ….
The question is how come ABC has not told the nation who he was having wine and conversation with ??? Just Like TMZ in the States the public brings stuff to them they never plant people…
As much as I have come to distrust Mmembe, I distrust politicians even more. Any time politicians try to ‘do us a favour’ by silencing ‘unpatriotic’ newspapers, we need to worry. Besides, people like ABC and Kabimba are unelected MPs!
The Post in is current form is a discredited piece of junk. I mean who takes them seriously any more, let them just pay their taxes like the rest of us.
All you have to do is top buying it. No need to close it down. Yes, let them pay their taxes if what we hear is true. It is difficult to know the truth when Zambians politicians have turned lying into a national sport!