RESPONSE TO UPND’S NATIONAL MANAGEMENT COMMITTEE (NMC) RESOLUTIONS – ISSUED BY DIRECTOR FOR MEDIA, PATRIOTIC FRONT
Lusaka, Zambia, 4th May 2017 – Firstly, we express shock at the amount of time it took for the United Party for National Development (UPND) National Management Committee (NMC) to sit down – at a time when their senior most Leaders’ freedom is under threat after breaking the law. This confirms a vacuum in the Opposition Party and what Zambians have feared that there is lack of leadership and the absence of good governance within the organization. UPND is a one-man entity that in his absence, the centre cannot hold!
This is a lengthy response because we have to deal with UPND lies and distortions circulated under UPND Spokesperson Charles Kakoma’s name. We shall endeavor to respond to the so-called NMC resolutions as follows:
1.– Calls for the unconditional release of the incarcerated Opposition leader have no basis law. They should be treated as mere politicking as we wish UPND good luck as it endeavours turning a rock into bread. His Excellency President Edgar Lungu will not commit an illegality by interfering with a matter before the Courts since he respects the separation of powers and swore to defend and protect the Constitution of Zambia.
2(a) – Mr. Hakainde Hichilema (HH) is an individual and has never been a threat to the Patriotic Front (PF) which is a party comprised of an array of competent leaders. The PF will not be reduced to competition with individuals who have lost over and over again at the hands of the same opposition – a sheer display of incompetence.
2(b) – Mr. Hakainde Hichilema is just an individual but clearly members of society must question how the detention of one man can arrest entire party machinery. This is sheer bankruptcy of leadership and governance within the Opposition Party!
2(c) – the PF prides itself on upholding the rule of law and this can be seen in our respect of the police as an institution – we have full confidence in all our government institutions and will at no point interfere in the duties of any state institution.
Furthermore, we wish to dispel the lies by the UPND. No PF members were present at the home of the opposition leader during the arrest, thus we cannot comment on that which we did not bear witness to.
3. We sympathize with the UPND as we understand fully well, the confusion that follows the absence of a leader and commend them on their decision to pursue peaceful and lawful activism which we hope will remain exactly that. We take this opportunity to ask UPND’s NMC to retract inflammatory orders they have given to their members in the recent past which has resulted in a spate of acts of arson targeting markets, educational facilities and courts of law to mention but a few. Let them tell their members that when Mr. Hichilema vowed that there would be Armageddon after the elections, he was probably joking and they should not have taken him seriously!
4: The PF will not comment on any of the charges against Mr. Hakainde Hichilema (HH) as the matter is sub judice. We hope that UPND and its allies will likewise respect the Courts were their leader is appearing. We ask them to also counsel their sympathisers outside the Zambian borders that ours is a country of laws and no one is above the law!
4 and 5: The UPND should desist from misleading the international community that what happened in Mongu does not constitute treason. UPND has been lying to the international media that the Mongu incident is just but a felony, that it’s a traffic offence. We restrain ourselves from discussing the merits or demerits of a case active before the Courts of law. However, any international media looking at the Mongu footage without prejudice will agree that the act by the UPND leader and his motorcade was preconceived, highly provocative and criminally engineered. UPND is not a Court but a group of cry babies and as such let them leave the Courts to pronounce themselves on the facts of the case. For purposes of the unsuspecting international audience they keep crying to, it is important to have a glance at what treason is under the Zambian jurisdiction.
The international audience UPND seeks to misinform would be wise to know that what constitutes treason in Zambia does not go by the definition provided for under the American law. As it is common knowledge, Zambia’s legal system is not identical to American law and neither does the American law have universal application.
When UPND googles the definition of treason, they find that under American law treason it is defined as:
“Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” (Article III Section (3) of the U.S. Constitution).
However, Zambia’s legal system takes after that of the English legal system. Under English law treason was redefined by the Treason Act 1795 and the principal forms now include: (1) compassing the death or serious injury of the sovereign or his (or her) spouse or eldest son; (2) levying war against the sovereign in his (or her) realm, which includes any insurrection against the authority of the sovereign or of the government that goes beyond riot or violent disorder; (3) giving aid or comfort to the sovereign’s enemies in wartime.
It’s clear from the above that the Zambian law on treason is closer to the English than American law.
In Zambia treason may be committed in a number of ways including preparing or endeavouring to carry out by force any enterprise which usurps the executive power of the State in any matter of both a public and a general nature. (Section 43 (1) (d) of the Penal Code).
Section 43 (2) (a)-(b) of the Penal Code tells us what “by force” means. It says:
“(a) by force used in such a manner as, whether by reason of the number of persons involved or the means used or both, to imperil or be likely to imperil the safety of the State or to cause or be likely to cause death or grievous harm or serious damage to property; or (b) by a show of force calculated to arouse reasonable apprehension that force will be used in such a manner as is described in paragraph (a).”
We wish to put it to the unsuspecting international audience UPND has been crying to that this means that it is treason to compass (plot) or attempt to kill or cause serious injury to the head of state. Even merely causing reasonable fear to the head of state that force would be used against him suffices as use of force under the law.
We must also inform that when the law says*“…or to cause or be likely to cause death or grievous harm…”* that can only apply to natural person as the State cannot be killed or grievously harmed. Neither can it apprehend any use of force.
Treason is every plot to kill or seriously injure the President accompanied by any intention to usurp the executive power and that is what the Courts of competent jurisdiction in Zambia will hear and determine. We therefore urge UPND that they are not a Court and must to tame their anger and stop misleading the international audience not conversant with Zambian law.
While the international media has focused on HH’s arrest, we wish to invite them to imagine what could have happened to Zambia on that particular day had the Presidential motorcade flipped and the Head of State lost his life or had he been seriously injured? Was there going to be any Zambia to talk about today? What would have happened had the VVIP protection acted to disable the HH’s vessel and its occupants? We also wish to put it to the international audience UPND has been crying to, to name a country where such criminal and highly provocative conduct would be tolerated?
It is understandable that the UPND is in a state of disillusionment and want of sense of direction. We therefore ask members of the general public to dismiss the UPND NMC lies concocted as resolutions with utter contempt. Reasonable minds would rather look for ways of ensuring Mr. Hichilema’s speedy and fair trial.
Issued by:
Sunday Chanda,
Director for Media
PF Headquarters, Lusaka, Zambia
Dear Chanda,
we are tired of these type of rubbish. what we want now is the country to seperate so that each region will look after themselves than having to lead by criminals like you…
But Director Chanda litoole sana. What has USA has to do with Kuomboka, why pick fights with USA?
But Bembas love chaos! Sunday Chanda, Bwalya Fube, Ms Mumbwe Fhili, Ms Erection Mushota, Miles Sampa, Chimbwili etc etc ad nauseam, all revel in spewing chaotic ideas every day. Our daily news in Zambia is like listening to the goings-on in a public loo, one loud fart after another fart. All because of these characters.
Banda Mwila kikiki bwafya, why rush to the country separating? Is it because what Sunday has written has so many facts and the msg has hit you the wrong way?
Instead respond to the points that Sunday has put across and stop winning.
If we needed further proof that PFooIs are fixated with HH, here it is. HH is inducing verbal diarrhoea among these PFooIs every time they hear his name. I have never seen any response by PF to any comment, however vexatious, by any other politician such as Mulongoti, Nawakwi, Chipimo, Kabimba or “Prof” Muliokela. But any mention of HH, and you have the whole PF ghetto quaking and PFarting!
Dear Foolish Chanda,
I think if you have nothing to offer the people of our land. RESIGN, if not? You are a Fool. It’s so childish to see people of your caliber publishing such nonsense. I am nonpartisan and truly your statement qualify the facts that PF are scared of UPND, including the treason charges PF made against HH. You and leaders like Lungu are taking our country backward. What is it that you have done after the death of Sata? All we hear and see is hate, tribalism and uncontrolled corruption. STOP YOUR GAMES AND WORK FOR THE PEOPLE. You are Embarrassing Zambians.
Should it not be the POLICE or the Director of Public Prosecution or even the Minister of Justice or Home Affairs justifying the Treason charge? Why is a political party at the forefront of doing this? This suggests that the case is POLITICAL and not criminal.
Sunday you contradict yourself. In one breath you say you won’t comment since its in court in another you define and state that HH act was treason according to Zambian Penal Code. No serious law student can read the penal code and interpret that as a treasonable act.You as a political party are putting pressure on the Court to jail HH .With due respect its making Zambia look foolish. If the president’s life was under threat with foreknowledge why didn’t the VIP protection act to protect him?The act by HH group was provactive , though why did the presidential convoy start knowing the HH had a convoy of 50 cars went ahead and overtook 50 cars?Who risked the President’s life?
Chanda you not a law expert therefore making such comments exposes you and the person you serve.
Let law experts tell us not you. We know HH was wrong.
All his actions are a direct reflection of his “intention”.
All he was doing was exposing his foolishness dangerously. I’m not defending Lungu but our democracy and the presidency with or without a president.
Divide and conquer is what you are advocating Banda Mwila. Grow up and see the real situation in zambia,
Amos chanda stated it before the last elections, by 2021 there will be only one political party in zambia.
Reverse back to unip with mistrust , jealousy, oppression, with false prophesations of caring for the nation and adherence to gods order.
Forget all that the real problem in zambia is the poverty and sufferrring of over 70% of the nation.and our ability to repay enormous debts
One zambia one nation is empty rhetoric, let zambia be one zambia one nation one people. We might be able to progrees after 5r years in the wilderness.
Who believes we are a christian nation …….seriously
Unip brought mistrust, jealousy, informing to benefit. Do we want that again.
This is…
It cannot be right that all my comments are awaiting moderation
Let everyone see, read and understand what I have said and if you have problems with it, hold me accountable by the use of the law otherwise I will take you to court for undermining my freedom of speech given to all zambians in the laws of zambia
What else do you expect from a person who got his law degree from Zambian Open University? It’s only rubbish and hallucinations time will catch up you.
This is why KK is silent. An old warhorse wanting to live on clinging to a rejected philosphy by tacit approval of policies that were rejected before and are still causing division in this once proud nation
Its time KK for you to make a postive statement for the improvement that you will actually be remembered for.
You are wise use your wisdom wisely for the nation you have fought for. Once you were a warrior u can be again
I am so disappointed that the now leaders of Zambia can speak like what I have read above. For instance a seniour person at state house calling the counterpart leaders as “the so called NMC” in the statement…….. We shall endeavor to respond to the so-called NMC resolutions as follows… I dont think this union of NW Rhodesia + NE Rhodesia= Zambia stands any more. We are different people with different motives and PF is now convinced that it will never ever unite Zambia. So what is the way forward? to continue with this fake union or what…?
Very informative piece of response.
UPND prepare for party elections, HH may not come back soon so avoid being a headless chicken.
Why aren’t you rejoicing that PFooIs have free reign over Zambia now? Your envy blinds you.
Muli bamobene, naimwe one day chikabipa. Who doesnt know the PF? HH or EL all products of women and will always hate each other. Nika dialogue fye and things can come back to normal. No bonse ka pride kalichilamo PF and UPND, fwefyani ala natuchulilamo its too much
Does it need Sunday Chanda to define Treason to us? He is a practicing lawyer? Why can Sunday Chanda wait for the treason trial to start in the High Court?
Didn’t the President advise His party officials not comment on HH case? Is it this not being disrespectful to the President?
The problem with PF is that everyone is a spokeperson of the party?
Bane tukose. Narrowness has hit our way of governance
Important points.Tomorrow it will be someone very junior. Most people including the Americans he is talking about have downloaded the Zambian penal code and looked at treason section. The charge arising from the motorcade incident is fanciful. Can it be proven that there was intent to overthrow the Government of the republic of Zambia from that unfortunate incident? Unless there’s something else were not privy to there’s no jurisdiction that can convict a person on the sole basis of that.And we do it then that’s the final end of justice in Zambian Courts
After reading quietly this data given by Amos Chanda, I now understand why GBM exit the Zambian soil. If you understand the interpretation of what it entails treason on Zambian soil then you and me know the foregone conclusion for HH. Very sad indeed. Instead of politicking for UPND its better to show remorse so the judges peradventure,may have a good merciful outcome. Other than that ,we who understand know the end. Sad. Mwikala patalala mwine apatalalika.
There’s nothing to do but go all the way with what Lungu and PF want. UPND should not berate themselves. Lungu rightly sees HH as the only person who will get him out of State House. He will do anything to silence HH. Shylock must have his pound of flesh.
Robnmwale it would be very wise for you to also speak to your people in the Upnd camp to tone down and stop the provocations otherwise you colleagues from the PF camp will not sit idly while you throw your tantrums.
There’s nothing to apologise about. What is happening in Zambia, like elsewhere in the world, is a clash of opposing ideas and cultures. These are fights you cannot run away from, unless you want to be a slave to PF dictatorship.
“had the Presidential motorcade flipped and the Head of State lost his life or had he been seriously injured? Was there going to be any Zambia to talk about today?” The president is an institution not an individual. Lets not idolise anyone. Zambia must and will go on. Sit down Mr Chanda!
‘We also wish to put it to the international audience UPND has been crying to, to name a country where such criminal and highly provocative conduct would be tolerated?”This is childish! Is there none among us with GENUINE love for our country? Are we all strung along by the highest bidder? We must have one eye on our grand children..or even just our children for crying out loud. Im not PF, im not UPND..Im Zambian!
TONGAS YOU ARE SLOWLY MAKING YOURSELVES IRRELEVANT ON ZAMBIA, POLITICALLY, GOVERNANCE WISE ETC. BECAUSE OF YOUR SELFISHNESS! YOU ARE NOW CRYING FOR KAUNDA WHOM YOU ALSO TROUBLED SO MUCH UNTIL HE HAD NO CHOICE BUT TO DECLARE ZAMBIA A ONE-PARTY STATE ON DECEMBER 5, 1973 USING THE CHOMA DECRALATION. THATS WHY THE EVENT EVEN TOOK PLACE IN CHOMA BECAUSE SOUTHERN PROVINCE WAS THEN A NO-GO AREA FOR NON-ANC MEMBERS! YOU ARE AGAIN GOING BACK TO SAME ERA! IT WONT HELP YOU! ASK YOURSELVES THAT HOW COME ITS ONLY SOUTHERN THAT IS PROBLEMATIC, THAT THINKS LIKE THAT OUT OF ALL THE OTHER PROVINCES! IS IT BACKWARDNESS OR SIMPLY ARCHAIC TRADITIONALISM?
SPLIT ZAMBIA THEN.
What does it profit man to own the whole world and lose the heavenly kingdom. Remember judas!! Did he use that blood money he obtained by selling Jesus? Don’t allow yourself to be used by satan. Stand up for what us good.
Was the presidential motorcade racing towards danger or racing away from perceived danger?
What a bunch of rubbish from these PF dudes… the guy is criticising and arguing with himself.
He says “we shall not comment on HH arrest” but then goes on the try and school everyone and justify why HH was arrested and charged on trumped up charges of treason, like he is the police who drafted the charges. The more these PF guys talk, the more they are confirming that the charges are political motivated. Lungu said no one should comment on HH’s arrest but everyday someone from PF has run their mouths like diarrhea.
Treason doesn’t have any different meanings, no matter how hard you try to justify the cooked up political persecution. Treason in Zambia has precedence and every time soldiers have tried to take over the presidency with guns. The peace Zambia ‘enjoys’ has really…
continue reading…
The peace Zambia ‘enjoys’ has really blinded people… go to other countries and see people dodging bullets and dying so that they can truly take over and usurp powers. Please stop wasting our time trying to justify the obvious. Lungu had his windows folded down, smiling as he was driving, when was he in danger and when did HH try to k!ll him so that he could take over the presidency by force?
You need to justify the ‘intend’ and stop using arguments like ‘had the car flipped’ (that’s just s!lly really).
The only ‘treason’ committed in Zambia recently is by Lungu who usurped power illegally by stealing votes and by refusing to step down when there was a petition.
What will bring down PF is not our humble President Edgar Lungu, but the people he has surrounded himself with. Inflammatory articles from Mr Sunday Chanda will not bring a healing to the once United and peaceful Zambia, but will deepen the tension and anger among those who support UPND. How refreshing it can be to read articles on how Govt is planning to create jobs, re-energize the economy and how poverty will be minimized (authored by Sunday Chanda/ Amos Chanda/ Mumbi Phiri/ Frank Bwalya). Give Zambians hope and direction. Right now many of us are not sure where the country is going because there is no one to tell us.
Ba PF mwasebanya Zambia. We have never seen things like this before. No wander other leaders used to say Sata was not a Presidential material look at the crop of Politians we have brought through Sata. Some of them behave as though they are not learned. Sanity ended with Mwanawasa otherwise we are heading for doom. Everything has gone wrong with our Country Zambia especially under Lungu. It is true alungusha icalo chesu.
If someone takes you where there is a lion when he knows he is putting you in danger is thst not person not liable if uou get eaten up by the lion?
Point if correction, Sunday Chanda is not a practising lawyer as he just recently graduated from Unilus with a law degree.He is yet to pass the law practicing exams at Ziale for him to practice law, for now he is just a glorified “lawyer”
Sunday Chanda’s speech convinces me beyond any reasonable doubt that PF is full of wise leaders. Please Sir, truly deserve to rule our great Nation of Zambia
James are you joking? Treason is clear in the Zambian Penal Code.This charge cannot stand in any Commonwealth with laws from British Heritage. Its actually Kangaroo law being done knowingly. Can intent to harm the President with motorcade be proved? Where is such precedent? Its amazing that such s charge can be brought before s Zambian court.
But with UPND, the party is finished without HH. No wise leaders at all, only professional market burners.
I THINK SUNDAY CHANDA HAS RAISED PERTINENT POINTS . AND NO ONE HAS CRACKED PIECE BY PIECE WHAT HE HAS SAID. EVERYONE IS COMMENTING ON IRRELEVANCIES OR ARE INSULTING ETC. BUT WHAT SUNDAY CHANDA HAS PUT FORWARD IS WHAT HH WILL FACE.
spot on!!
I have articulated without insults. I do not use insults in all my postings, I believe most bloggers who use insults are dull or are on drugs.
The basis of the treason charge in all jurisdictions weather British or American cannot be sustained. To begin with it was not HH driving. It is the driver who is in command who should charged by failing to give way. In the clip some shouts are heard but the vehicle carrying HH dirsnty give way or block the President which would have endangered the President .The charge is presumptive based on what IF not on WHAT happened! It’s wrong
They’ve been other treason trials in Zambia before as Vincent Malambo SC noted with specific dates and plans,he notes that the charge is vague,so do many of us after downloading Zambia Penal Code.There was no…
After all HH has no balls when push comes to shove he buckles and hides in a bunker.I hear he has found a friend in prison who gets top soup for him during meal times ati kuno kuilba chabe ba muddala bu HH ni panse.
WHAT SUNDAY CHANDA ARTICULATED IS WHAT IS CLOSE TO THE TRUTH. MOST COMMENTS HERE ARE OUT OF EMOTIONS AND LACK MATURITY.LET’S WAIT AND HEAR WHAT THE RULING BRINGS 2MORO. I DO NOT WISH HH DEATH OR STIFF PUNISHMENT, I JUST HOPE HE WILL LEARN SOME RESPECT FOR THE OFFICE HE’S EYEING. I BELIEVE IF HE CHOOSE TO PUT BEHIND THE 2016 ELECTION RESULTS, THERE’S GOING TO BE DIALOGUE. HE’S A GOOD GUY, HE SHOULD NOT BE TOO EXCITED FOR PLOT 1.PRESIDENT LUNGU SHOULD ALSO NOT HESITATE TO EMBRACE HIM AS SOON AS POSSIBLE, HE’S HIS YANGA MAN.PEACE OVER ZAMBIA.
Ya.Hopeless country. Anyway Zambia need to go what others have gone through then we will appreciate peace and love.We started on a false note.There was no liberation struggle. If you argue ask any historian there has never been any liberation movement.Our independence was on a silver platter.Kaunda is not the father of Zambian politics.Sir Godwin Mbikusita Lewanika started a political group in Wusakili ,Kitwe in 1935 calling it African Social Welfare in 1935,Kaunda was eleven years old.He is now bewitched with the ghost of Chiluba on his back that is why he can’t stand upright.
tps://www.facebook.com/precious.munyinda.96litics
It’s stupid how people waste time posting here for things that have no substance in life. The arrest of HH is bogus and ECL has given all of you some nonsense to waste your precious time debating and posting. F***lish Zambians with nothing but to do in life wasting time and sunk in stupid HH cases that is nothing but persecution. Find a life than wasting time here!
Is anything happening in Zambia that is moving the country forwards? Lungu is busily obsessed with legitimizing his presidency clouded in legalities while his PF team is on the defensive on many fronts trying to give face to the party which ECL admittedly confessed he has no vision for!
Only those that see no future in their goals will take to thoughts of splitting the country. its clear indication that the opposition has failed completely to win the support of the citizens. If the current opposition leader has failed why not try someone else in the party structure? it just confirms a fact of lack of leadership in the organization. Supposing this UPND god is arrested for life or if he decided to quit politics today what would become of the party? To me this part would just cease to exist. Accept defeat and start thinking of better and peaceful ways winning in the 2021 elections
UPND is just wasting time and slowing down progress in the country with their destructive behaviors.
You need not say more, Tutyani!!! Look at Elias Chipimo and his 20% idea, brilliant!! Something very Zambian should support even if you are PF, MMD, or whatever party. Not insults daily. UPND is disgusting, to say the least.
i meant every Zambian should support…
Ha, Ha, I fear for HH after reading this article. He is in more serious problems than I thought. UPND membership stop insulting instead plead for mercy for your leader. Ma, Ma, Ma, it was Treason without a doubt.
Spot on comrade Chanda thanks for pumping some sense in the young boys
Zambia is not for sale to the highest bidder and every citizen of this land has a role to play in protecting the constitution of this land. HH has been caged because he crossed the limits I think he forgot his position in society that its him who sold our mines and Zambians are suffering because of his criminal behaviour.
Kgosi my friend, How refreshing it will also be to hear that HH has advised EL on how to create jobs, how to re-energise the economy ,how to minimize poverty e.t.c as opposed to hearing that HH refused to give way to the president( Extremely irresponsible and childish) UPND CADRES have burnt markets, courts and government property ,schools?( very retrogressive contrary to their MOTO-Forward) .Sad that we are blinded on the wrongs UPND does.
He who Sows wickedness reaps trouble. Proverbs 22:8