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ZRA’s Move on the Post Newspaper is within the Ambit of the Law

By editor
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Sunday Chanda
Sunday Chanda

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Sunday Chanda
Sunday Chanda

 

ZRA ACTION ON POST IS CLEARLY NOT AN AFFRONT ON MEDIA FREEDOM, POST SHOULD PAY UP OR SHUT UP-SUNDAY CHANDA, PF INFORMATION COMMITTEE

22nd June 2016- Zambia Revenue Authority’s (ZRA) decision to shut down The Post for tax defaulting must be commended by law abiding Zambians and not be seen as affront on media freedom because it is not. For years now while poor public workers such as teachers, police, and soldiers paid taxes, The Post took “a tax holiday” while demanding to use the same facilities honest tax payers contributed to such roads and public schools for its workers children.

Above all, the tabloid took so much pleasure to condemn President Edgar Lungu’s government whenever public workers’ salaries were delayed and other challenges below such as:

  • When they were shortages of drugs in hospitals
  • Farming in-puts for farmers were delayed
  • Farmers pay for produce was delayed
  • Roads were unmaintained or even when babies died

Basically The Post blamed everything that could be funded by tax payer’s money personally on President Lungu forgetting their sacrosanct responsibility to pay since they made more money than ordinary peasants and teachers, including barber shops and saloon owners.

Today they must cry foul and say they have been shut down because of press freedom? That is not fair because “Press Freedom is not tantamount to freedom from paying tax and there is nothing revolutionary about shunning obligations.” You need to pay taxes (Post) for President Lungu’s government to fund electricity imports in time of need and or diesel and petrol imports.

Where do you think President Lungu’s government gets money from if not from taxes? We all must be aware that taxes are a vital element in the running of any government and provision of services for citizens. As a direct consequence businesses have a duty to comply and those responsible for ensuring that taxes are remitted are expected to account for every tax collected and not used for their personal or business benefit.

The Post management, month after month deducted PAYE and other taxes from its own Workers that they “did not pay while the deductions reflected on workers’ pay slips.” Where did Post management take the money? Did they steal from their own workers? We know for some in the opposition, the closure will be used to attack President Lungu again and yet the ZRA is acting independently to collect what is due to them. In order to buy drugs from hospitals and pay teachers and policemen.

We hope The Post can pay this K68 billion Kwacha they owe as soon as possible so that President Lungu can save children from dying in hospitals and pay farmers. We shall not overstress the DBZ loan considering the matter is still before the Courts of law. Hiding behind press freedom won’t work; it is in fact criminal and raises serious moral considerations. The moral of the matter is either to pay up or shut up – there is no place in between! The Post Newspaper is not special from the rest of Zambia. They deserve the same treatment as every other tax payer. Their tax avoidance days are long gone and not even the plastic smiles from some desperate opposition party leaders would restore it!

The Post does not need to be reminded that avoiding or evading payment of taxes is criminal. It takes money away from nurses, Doctors, babies and farmers when you avoid paying taxes the way the Post did for years. When PAYE is collected from employees by employers this is done so on behalf of government. And, like VAT, it is not to be used by the company for its own business operations. One must even be grateful that whilst the Post Newspaper was sued by the ZRA for defaulting remittance, it should have been equally charged for illegally using PAYE and VAT. Non-compliance is a criminal offence in certain jurisdictions and offenders are in some cases banished from holding certain key positions or owning businesses.

editor
editorhttp://www.lusakatimes.com

76 COMMENTS

  1. I THINK SUNDAY HAS PUT IT VERY CLEARLY. IF YOU LIVE IN A GLASS HOUSE DON’T THROW STONES. THE POST HAS BEEN INSULTING THE GOVERNMENT WHICH IT OWES MONEY. THE RULE OF LAW. BABIES ARE DYING IN UTH BECAUSE THE POST HAS REFUSED TO PAY TAXES.

    • There is absolutely nothing wrong ZRA has done on reinforcing tax laws. World over tax evasion is a serious crime. Tell me a country where its tolerated. In the USA and Canada you dare mess with uncle Sam. Condoning it is recipe for national doom as all taxpayers would resort to tax evasion which means state collapse. It is therefore reckless to postulate that the louder you insult and smear tax institutions, you can freely abdicate your tax obligation to unconnected common man without consequencies.

    • Why is Sunday Chanda dragging his president Edgar Lungu in the Post mud?
      Mmembe never mentioned Edgar has to do with ZRA actions.

    • Sunday was demoted by PF and removed form media team, the PF establishment again though he was not capable as MP candidate for Kanyibiya…it just shoes how shallow he is rated even within PF. Sunday is an empty tin that makes lots of noise just like Mumbi Phiri and Chishimba Kambwili

    • Whats is this frustrated bootlicker hallucinating about?

      Tried PF media as second in command-kicked out by the the ‘faza’, tried as an inspiring candidate in some bush rural, still rejected by the same pf he is licking. What a loser- just go and hung yourself, you piece of shiiiit!!

    • Sunday remember you were my class mate and graduated with a fail at G.12. i thought you had continued with the work of God too bad. Think twice before you start saying that. You were not their when Mr Sata started the party, i don’t know who even gave you that post. you are failure no wonder making such remarks. Do you know the meaning natural and fair justice?

    • Very poorly said Chisenga! What about the government institutions like Times of Zambia and many more who owing more than Post? In fact the government itself is owing contractors and civil servant colossal sums what are they saying?WHO IS OWING MUCH IN THIS GAME BEFORE WE CAN COMMENT AND COMMEND ANYBODY? Otherwise it is clear from Sunday the act is purely vengeance on allegations.

    • @Ineta: And you so dull you can’t even connect the two scenarios of People/Business NOT HONOURING their Tax Obligations and the ability a Govt to honour its commitments. Govt has to raise/get money from somewhere in order to be able to be to settle all the Bills you have cataloge. And Taxes is one such avenue. That’s why in developed countries, Taxes are taking very seriously. These Countries were able to reach the levels of development we all now envy because they take issues of Taxation like matters of life and death.

      In fact if you really think about it, Taxation is indeed a matter of LIFE and DEATH. If businesses/people ignore/refuse to pay taxes, you are likely to end up with poorly supplied and equipped hospitals, in turn babies, children, mothers and people die…

    • Aka, aka TUMIYA UTU MATOBO, KWATI TUMASUKU kale TUMIYA MUNSEKETE!!!
      Finshi kale bosa???????

      Ala, tule penda inshiku – uto tumatobo tobe, tu ka pompoka!!! 11/8/2016 taili apatali sana!!

      BARKING to his masters voice!!
      As much as we condemn TAX EVASION, ZRA has failed to come out & confirm CHAGWA THE CHAKOLWA & CONVICTED SWINDLER/THIEF has paid taxes on his ill-gotten wealth of 23Million!! Not to worry, it is only a matter of weeks to 11/8/2016!! That money will be back in our treasury!!!

      ZAMBIANs buy the Post NOT BECOZ they love Mmembe, BUT becoz they want to listen to a different narrative from the PROPAGANDA of ba PamaFI. They SYMPATHISE only with the journalists of the paper but not the proprietor who OWES THE TREASURY from the DBZ saga!! Voters will punish Chagwa NOT becoz…

    • …..Voters will punish Chagwa NOT becoz they CONDONE TAX-DODGERS, but for SILENCING an independent voice!! Bad move ba Pamafi, NO STRATEGIC THINKING!!!!

      Vote WISELY 11/8/2016!! Vote ZAMBIA FORWARD!!! Vote UPND THE PARTY with a VISION for our country!!
      Abantu baya!!!!

      #Chagwamustfall!! #PamaFikuyabebele!!!

      I thank you!!

  2. What? This analysis is for the gabbage bags. So Chanda, Governemnt steals from us teachers and policemen since you have failed to pay our pension money? We demand that you treat everyone fairly including yourselves. This is careless talk that will led to opening up a can or worms. In short SHATAPU Chanda!

    • Starts to read like can the government tell us how many people have murdered before me and they were freed by the courts

    • Can Sunday Chanda also tell the nation how his brother at ZamPost, MacPherson Chanda, has ransacked the parastatal for his personal and family gain? Retirees are not paid, and no statutory contributions made – actually ZamPost owes way more than the Post.

    • People people!! Dont compare Post and Government institutions… Do you even know how much the government owes these same isntitutions.. Its like comparing your Children with that of your neigbours. The government istitutions are a government themselves, you dont expect the government to close itself or punish itself.

    • times of zambia and znbc are owned 100% by govt. Therefore govt cannot close itself for non payment of tax.

  4. A mining company in Congo DR was shut down due to evading payments of taxes, the company had protection from a very senior politician but upon his death it was audited and found with millions of dollars unpaid. More than 6000 employee are in the streets due to corruption of Mining owners. Failure to pay taxes is corruption or theft and yet the post is on record preach and attacking every one.

  5. SUNDAY!

    YOUR POINTS ARE WELL THOUGHT OUT THOUGH WRONG! FIRST OF ALL YOUR POSITION IN SOCIETY IS HIGHLY DEPENDANT ON EDGAR LUNGU AS IT STANDS AND IT IS NOT DIFFICULT TO SEE HOW BIAS YOU AND LACK PROPER OBJECTIVITY TOWARDS THE SUBJECT?

    IN WRITING ALL YOU HAVE WRITTEN, ARE YOU ABLE TO SUPPORT YOUR MASTERS NOTION WIL SOLID EVIDENCE?

    WE ARE ALL AWARE AND I AGREE THE POST MUST PAY ITS TAXES BUT THIS IS NOT JUST A SIMPLE CASE OF PAYEE FAILS TO PAY PAY MASTER?

    ARE YOU TELLING ME THAT ALL THE DONOR FUNDING ZAMBIA RECEIVES AND ACCORDING TO THE LAST BUDGET PRESENTATION. $6,000,000 IS WHAT WILL SOLVE EVEN A QUATER OF ALL THE ISSUES YOU HAVE MENTIONED?

    IT IS A WELL KNOWN FACET YOUR SECT OF PF HAVE BEEN PLUMMETING TAX PAYER MONEY INCLUDING DONOR FUND. TAKE THE CASE OF ZNFU? OR THE…

  6. LETS NOT EVEN GO FAR, LOOK AT THE LIFE STYLE OF YOURSELF IN PARTICULAR AND STATE HOUSE AIDS? WERE YOU ABLE TO LIVE AT THIS STANDARD BEFORE EDGAR?

    WE ALL UNDERSTAND THERE WILL BE CHANGE BUT YOUR PF SECT IS STEALING IN PLAIN SIGHT!

    I AM 99.25% SURE YOU ALL CANNOT JUSTIFY YOUR WEALTH IF PUT UNDER THE SPOTLIGHT!

    ON THE CASE OF THE POST NEWSPAPERS I SUGGEST YOU DIG DEEPER LIKE THE PAPER HAS DONE FOR THE LAST 25 YEARS!

    MAYBE THEN, YOU WILL BE ABLE TO GIVE US A SOLID CASE!

    I

  8. If MMembe will not pay that tax then am also not going to pay the duty on my four cars have imported from overseas.

  9. We are not saying the Post should not pay but, is the Post the only company owing ZRA? why not take similar action against the rest of the companies owing ZRA? Why are they applying the law selectively? Damn you retards!

    • No, but The Post took this case (like they always do) to court and lost. So when are we going to start respecting court judgements in this Country?

      By the way, you don’t steal, get caught, and your defense is: “You can’t prosecute me until everyone who has stolen is caught and prosecuted too.” Where on earth can that be a credible defense? C’mon people, let us put our thinking cups on!

  12. Now this paid-up hypocrite vuvuzela talks about children, hospitals, medicines and salaries?
    Tell us you liar hypocrite where billions of dollars have disappeared in last five years?
    Tell us about hundreds of millions of dollars which have been misappropriated by the Ministers?
    Tell us source of sudden wealth acquired by your boss. From pauper to millioner in five short years?

    • You don’t need to be told iwe kabova. Have them prosecuted if you have evidence and a case against them. Just like M’membe was prosecuted and he lost. Now he has to pay up, period!

      And YES, if you can’t make the connection between people NOT HONOURING THEIR TAX OBLIGATIONS and the SORRY STATE OF OUR HOSPITALS and other infrastructure, then you deserve the THIRD WORLD STATUS for another 100 years.

  13. I agree with the Kabweka/Akwasu that law should be applied equally. ZNBC, Times of Zambia and Zambia Daily Mail owe colossal sums of money in unpaid Tax obligations. The Government of the Republic of Zambia (the only shareholders) owe millions to these public institutions for grants not remitted to these news outlets. Therefore, this is what is called book entry transaction. Removing money from your right pocket and putting it in the left pocket. This is a child parent relationship. For your information Armco had similar problems with ZRA, what happened? They have gone under.

    The Post Newspaper are what is termed “delinquent tax offender”. They deliberately chose not to pay tax when it falls due. Look at their history with Sata’s PF. The were on Tax holiday. Now the Zambians have…

  14. In Bemba we say ” changa baseka uwa chelwa” How do you expect a country to develop with this kind of selective Tax administration. The POST will never be killed. NEVER!

    • Do you even know along The Post have been dragging their feet on this case? M’membe has always relied on manipulation and intimidation of powerful politicians (M.C. Sata) to get away with Tax crimes—NOT PAYING TAXES IS A CRIME! And this is not a recent case.

      M’membe used the same Courts, that have now told him to pay up, in order to delay, avoid, abscond, postponed, extra, settling this Tax Bill. And certainly M’membe is NOT the first Tax defaulter, nor the last, that ZRA has gone after. Others quietly negotiate with ZRA and come up with modalities to settle their delinquent Tax Bills. But M’membe thinks he is special, therefore he should not be bothered by any Govt entity, including the TAXMAN. He also loves attention, so he uses his megaphone, The Post Newspaper, to seek…

  15. Bwana Chanda,you re spot on.Mmembe,should just pay just pay up and continue operating,thats how simple this issue is.Comparing Times,Daily and Znbc to The Post is being extremely lacking common sense and understanding.But it’s my desire that Post remains shut for its unethical and unprofessional way of reporting.

    • @ 1mbecile # 15

      Learn about tax laws before crapping. Your blabbing is evidence that you do not have slightest knowledge in tax matters.

  16. I think as business men we should all go into media!! Atleast its the only product that one can sale without paying up zra obligations.
    How many years has The post been invading paying tax? I now understand why America, uk etc are where there are. Even if its Trump or Cameroon tax will be collected however, here in Zambia people like Membe are untouchables!! No wander we are where we are now!! Next hh & gbm will soon stop paying all in the name of democracy. If zra pounces they will start screaming ontop of their voices of how the govt is attacking them hoping for America, UK etc to condemn govt. So cheap. On this one upnd has really given us a glimpse of how they intend to abuse us. You cant say its politics who do they really want to help the babies and mothers dying in hospitals all…

  17. Fred Mmembe and the Post should pay Tax like all of us do. Whether ECL and his PF has taken advantage of him or not. Pay back the money period. He should emulate HH and GBM who pays their taxes and remain unscathed.

  18. On whose behalf does this Dic.khead speak? He is NOT employed by ZRA and the fact that he speaking on his Party just confirms that the closure was instigated by the PF party. But whatever you you do Swande Chanda, YOU ARE GOING!!

  19. Sunday Chanda is just waffling! In terms of the ZRA Act which clause entitles ZRA to shut down an operating business without a Court Order? At best ZRA can garnish the Post’s Bank Accounts but has no powers to shut down or liquidate a company without legal due processes. Times of Zambia, Daily Mail etc owe tax money to ZRA so why was the Post singled out? Why selective application of law? The closure of the Post is politically motivated becoz Chanda’s boss does not want HH given favourable publicity just like he has directed the Chipata City Council to remove UPND posters. This is prohibited in terms of the electoral code of conduct. Its all an attempt to muzzle and silence independent press. This measure including on going election rigging by Chanda’s boss will not save him on the…

    • Ubupuba, so you don’t know that the Supreme Court of Zambia just handed down a ruling not too long ago that ZRA can go ahead and collect what The Post owes? All that ZRA is doing is SECURE The Post’s assets until they pay up. If not then ZRA can later sale/auction off those assets in order to recover the money (TAXES) The Post owes. This how it is done everywhere in the world. M’membe/The Post can settle this Tax Bill tomorrow if they wanted to and ZRA will be out of there in a second.

    • Which Law are the PF abusing? It is M’membe who relied on the LAW OF INJUNCTION to take the case to the Supreme Court, and he lost in Court. So what do want the PF to do about it? Ignore a Court Judgement just because it The Post/M’membe involved? And when did the PF become ZRA or Govt?

  21. As usual Sunday Chanda is being disingenuous: We all know that Zamtel, ZAMPOST, ZSIC, UNZA, CBU, many other private companies, including the ones owned by Ministers (the list is endless), owe ZRA more money than the Post. Why apply the same law differently and without shame stand up on a podium to advance deceit? You are not dealing with kids!

    • The question you ought to be asking is: Does M’membe/The Post owe this money? If the answer is YES, then your next question should be: Why then can’t M’membe simply settle the Bill like a Law abiding citizen and move on?

      Saying others also owe Taxes is really a very weak and silly defense. And no credible Court on earth can entertain that kind of nonsense. And M’membe knows this. That’s the reason why even him can’t dare bring up that kind of cr@p as defense for not honouring his Tax obligations.

  22. Friends there is a difference among these terms, tax avoidance, tax evasion and defaulting. Consult before using these terms, thank you

  23. It is also within the law to settle a debt in installments. Why is the Post being denied this option when the option is legally available. There are very few companies in this country that can settle such an amount in one installment. Besides the amount is still a subject of reconciliation so why rush to close an organization? The scheme by PF is to hide behind the law to KILL THE POST BEFORE THE ELECTIONS TO FACILITATE RIGGING! THE POST WILL BE BACK!

    • Are sure The Post was denied the option of settling this Tax Bill in instalments? How long have you been following this case?

  26. If taxes are not paid givernments can collapse. Now this sounds the same as treason to me, never mind what the law says. So Mmembe’s are treasonous.

  27. TO THE POINT, DOES THE POST OWE ZRA ANYTHING?
    IT IS NOT ABOUT WHO ELSE OWES.
    WHEN YOU ARE CAUGHT STEALING, REVEALING SOMEONE ELSE’S THEFT WILL NEVER GET YOU OFF THE HOOK!

  30. just pay just pay, i have received my salary , i have paid my income tax….. why do you support blindly, let them pay, i do not support any political party . but let very one pay ……..just pay ….. just pay…..just pay ,,,,,,,,just pay !!!!!!!

  32. All thieves are not seeing anything wrong in Lungusha’s move to close the Post because that is the paper which exposes them, ka mbuli ka Chanda 99 days are for thieves, but 1 day is for the law to catch up with all of you thieves. We are watching you and soon the same media you are abusing like the ZNBC will be showing you as you disembark from Kasalanga. Ask Shikapwasha and Chanda Chimba for advice.

  33. Forget about developing Zambia with such minds bent on politicising everything. I believe all institutions that fail to comply with tax payment must not be condoned, whether be private hospitals offering health services to Zambians or news printers selling ‘freedom of expression’ to the poor Zambians in the streets. No, government needs money to provide the services it offers to the public. What The Post is doing is bring down the government on its knees.

  34. Lots of firms owe ZRA money….this is a clear move to silence those who are those who want to stand for the truth…PF has started behaving life MMD…this is not good…..triggering violence and fear for them to win the election…let everything be fair….the people’s choice should matter the most….

  35. yes lots of firms owe ZRA but atleast they are making commitments to pay the owed amount unlike ba post who are saying they dont owe ZRA any money. one things needs to be understood clearly here that parastatal companies are different from private companies esp wen it comes to payment of tax bcoz there are still financed by tax payers money. this does not mean they cant or shud not pay tax however, in an event of a private company they have no option bcoz their profits goes into their private accounts hence wether they like it or not they can not be treated as public institutions………#JUSTPAY

  36. Why are some Zambians so slow in analysis?. In the first place, closing the Post does not need a justifying statement from a PF party official. From the onset, this confirms it’s political to close the Post. The response should have come from a government official like Kambwili though he is also so compromised. It’s sad to look at the low calibre analysis in Zambia. Shame.

  37. mmembe and his post are gradually turning themselves into a tragedy for the common man. and so are all those unobjectively supporting the universal wrong of tax avoidance/evasion

  38. Why should we dependent on USA to fight our battles? Let’s resolve our issues by ourselves rather than rejoicing when USA attacks one of our own. Mind you America has never been a friend of anyone. Just look at the trail of misery it has left in Libya and beyond.

  39. There is nothing Sunday has said that is making sense. I sympathise with him though,he has been sent by the boss. For a young man though,he should realise that Lungu is sorted for life but Sunday has a career to build.You should be very careful with African presidents.Ask Justice Ngulube or Professor Mweene.They can mess u up beyond redemption.

  41. PF is also owing government money – pay back all the money you borrowed to finance campagnes

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