Sinda District Council Secretary has been advised to summon UPND Chilongozi Ward Councillor, Newstead Phiri, who recently withdrew his resignation, to discharge the burden of proof that he did not intend to resign if his withdrawal of resignation is to be accepted by the Council.
The Chilongozi Ward Councillor alleged that Republican President Lungu paid him K20,000 to resign thereby facilitating the unnecessary causation of a vacancy in Sinda District Council, a matter Governance Activist, Isaac Mwanza stated is against the spirit of the Constitution that discourages by-elections.
In a 6-page letter dated 14 March 2018 written to Sinda District Council Secretary and copied to Electoral Commission of Zambia, Mr.Mwanza, cited various local and English legal authorities to show that the law does not provide for unilateral withdrawal of a resignation by the person resigning without the consent of the other party.
Mr. Mwanza has further stated even though the letter of resignation had overlooked the 30 days notice, the Courts in Zambia still consider such resignation as valid and effective.
Mr. Mwanza has since explained that the 30-day period for notifying a mayor or council chairperson that a councillor intends to resign is, by legal authorities he cited, regarded as a “cooling off” period under English law whose disregard does not render the resignation ineffective.
He said Councillor Newstead Phiri, is by law allowed to withdraw his resignation within the 30 “cooling off” days before the date of termination of his services but only with the consent of Sinda District Council.
Mr. Mwanza has stated that at the time councillor Newstead Phiri was purporting to unilaterally withdraw his resignation, he levelled serious public allegations against President Lungu as Head of State which cannot be overlooked during the Council’s consideration of whether to give it’s consent to withdrawal of resignation or to refuse the retraction.
Mr. Mwanza described these allegations as serious in nature and capable of bringing the Presidency into disrepute and public odium. Mr. Mwanza has since charged that the burden of proof rests with Councillor Newstead Zimba who must satisfy the Council that he did not intend to resign at the time of his resignation or that he only did so in the heat of the moment or under pressure.
Mr. Mwanza has explained that in the event that Sinda District Council refuses to accept retraction of Councillor Phiri’s resignation due to failure by Councillor Phiri to discharge the burden of proof that he did not intend to resign, Councillor Phiri’s representation of residents of Chilongozi Ward terminates on 6th April, 2018, paving way for a by election.
By Isaac Mwanza
Those signs in Sinda can be sold to National Geographic, that is unique authentic Zambian Art.
It’s like looking at any Japanese sign anyone would tell: made in Japan.
That is made in Zambia.
Poverty makes one think of selling everything they have. Next time you will be suggesting to sell your wife for a night
Sounds like someone had told him that he would receive 20 pin for his resignation but nothing happened.
Being UPND, the man will lose, if it was PF, they would have reversed the decision. Double standards and Hunger at work. What 20,000 do for you in these hard times. Wrong guy to represent people, as it’s about his personal interest. Good No money for him let him suffer..
20 pin for a councillor so how much can an MP cost? 20m?
30pin
Unfortunately the Law doesn’t provide for self reinstatement, what Zimba is trying to do isn’t supported by any Law. Further, he isn’t eligible to contest any election during the life of the current council. So people must reflect before they do anything. Don’t be like Kambwili who does things on impulse, or Hichilema who didn’t think about posterity when he used to cut deals. BP pensioners are crying over the money which is still in Caymen Islands. At school his children are told that their father was in Paradise Papers
Elements such as Newstead Zimba are undesirable characters in public office. The President cannot sink so law as to bribe a councilor for K20, 000 let alone in the middle of the smear campaigns of corruption by the UPND against The President. However, it could be true that UPND bribed Zimba for K20. 000 to tarnish the image of the President. This looks logical.
Mono,you are very right. I rest this case here.
ECL CAN DO ANYTHING TO JUST REMAIN STRONG
This councillor is not fit you accept to put as a pon. you loose everything.
1-this chap is corrupt why accept bribes these are the ones selling plots fire him.
2-why pick on the president not the person who directly gave him cash what was the motive behind
3-let him pay money back where he got it from.
4-council should report to police for this councillor accepting bribes without reporting to police.