Friday, April 19, 2024

President Lungu is in violation of the Constitution by allowing Minister Lusambo to beat Citizens-CiSCA

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The Civil Society Constitution Agenda (CiSCA) has charged that Republican President Edgar Lungu is in violation of the Constitution by allowing Lusaka Province Minister Bowman Lusambo to beat people that have not been in compliance of COVID-19 guidelines.

In a statement released to the media, CiSCA said that Mr. Lusambo Beating People Violated Article 15 of Our Bill of Rights and that beating of people is symptomatic of the absence of a human rights culture, bad governance and poor leadership in Zambia.

Below is the full statement

Lusambo Beating People Violated Article 15 of Our Bill of Rights: CiSCA

The Civil Society Constitution Agenda (CiSCA) strongly condemns the ongoing violations of the rights of citizens by Lusaka Province Minister Bowman Lusambo who has given himself a new job of chief enforcer of measures to address COVID 19.

Minister Lusambo’s beating of people is symptomatic of the absence of a human rights culture, bad governance and poor leadership in Zambia. Our human rights are a birth right and no one has the right to take them away from us even for our so-called own good or benefit. Our human rights are God given and not bestowed on us by law or even by any political leader no matter how powerful. The law only recognizes rights but it does not confer rights. Therefore, what Minister Lusambo has been doing leading the police in beating up people in public places in order to safeguard our lives is not only a blatant violation of human rights but a ridiculous and dangerous contradiction. Human rights are indivisible, interrelated and interdependent so you can not violate one right in the guise of protecting another right!

The Universal Declaration of Human Rights has been around since 10th December 1948 and we have a dangerously ignorant minister publicly declaring that he will beat human rights and its defenders using his own law 71 years later! Using one’s law is pure anarchy and delinquent behavior. President Lungu should be ashamed of his appointee Minister Lusambo. This man has a penchant for violence. He beat up Mr. Kambwili on the grounds of the law-making house itself instead of debating Mr. Kambwili on the floor of the house as MPs are supposed to do. Now he is going around shamelessly violating article 15 of our Constitution which protects everyone from being subjected to torture, or to inhuman or degrading punishment or other treatment. This right is in our Bill of Rights. It is not only justiciable but also non-derogable therefore this right cannot be suspended even in a state of emergency or a war situation. Article 25 of our Constitution lists rights that can be derogated from and article 15 is not one of them! Lusambo’s beating of people is ‘inhuman’ and ‘degrading.’ It is corporal punishment and Judge Chulu in his High Court ruling in the John Banda v the People case of 1999 affirmed that corporal punishment, beating people is a violation of article 15 of our Constitution.

Once again by the action of his Minister Lusambo’s violation of human rights, President Lungu’s reputation and standing at national and international level is brought into disrepute like his pardon of General Kanene, a child sexual molester. Last year, 2019, in its Fourth Periodic Report on the Implementation of the International Covenant on Civil and Political Rights to the UN Human Rights Committee, Zambia reported that the state has no laws that would give an opportunity for destruction of fundamental rights and freedoms recognised in the Covenant and while derogations are recognised by the Zambian Constitution under a state of emergency, such derogations do not affect the right to life, protection from slavery and forced labour, protection from inhuman treatment, contrary to what Minister Lusambo is doing. It would be interesting to note what the Committee’s response to the Minister’s shenanigans in relation to this part of the State party report would be. We ratified the International Covenant on Civil and Political Rights in 1984.

President Lungu is also in violation of the Constitution by allowing Minister Lusambo to run wild violating our human rights. Article 91(2) gives the President the executive authority to exercise either directly or by public officers he appoints. He appointed Minister Lusambo so how Lusambo exercises his authority is a reflection of the President himself. In fact, Lusambo has stated that he reports to the President and not to anybody else. Further, under the same article paragraph 3 sub section (e) puts an obligation on the President to promote and protect the rights and freedoms of a person and to uphold the rule of law. So what is the President doing letting Lusambo run wild violating the Constitution on his behalf without consequences?

The claim that police are using minimum force does not hold any water. Minimum force is applied to persons resisting lawful arrest. The intention of Lusambo was not to lawfully arrest the revelers but to beat them from the public places. Were the people being beaten resisting arrest or being brow beaten out of public places like cattle? How is that the same as resisting arrest?

Minister Lusambo even had the audacity of going on television to defend his unlawful acts. What an embarrassment to the Presidency whether the President acknowledges or wants to be ‘absent’ about the issue as he does on most issues that really matter to us. We are not President Lungus’s subjects. We are citizens whose only mistake was to entrust him with power to facilitate a democratic environment for all of us where the rule of law is respected and our voices are heard. The person who saw value in appointing Minister Lusambo is the President therefore the value of Minister Lusambo as a Minister is in the eyes of President Lungu and perhaps the electorate of Kabushi not the rest of us. So please President Lungu relieve this man of the position of Minister, a position which his actions has denigrated it. If a die-hard brutish man like Mr. Lusambo can be a Minister what’s honourable about such positions? A short while ago he said things that displeased Zambians in the diaspora and they unleashed insults on him a situation reflecting to the appointing authority. Is Minister Lusambo President Lungu’s best choice for a ministerial position? If so, we Zambians should restructure President Lungu’s function.

Issued by:

Judith Mulenga

CiSCA Vice Chairperson

38 COMMENTS

  1. I dont think crooks like Lazy Lungu care about that ..just look at the Minister overstaying after Parliament closed even ignoring Concourt, still continues contracting debts without Parliamentary oversight…the list is a long one.

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  2. How is saving lives breaking the constitution? These are the funded satanists we talk about. Just like the diasporans, these people won’t rest until our people die. They are not happy that their masters countries abroad are experiencing more deaths. People need to realise that for example the UK have been soft in implementing lockdown which saw people going to parks etc. This had led to thousands dying a day. We don’t want that here and mr lusambo is doing a great job. Some members of society do not abide by rules easily. This is the best way and it’s working. Go cry for diaspora where they are dying like flies.

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  3. Too long and meandering insipid article. You should have brought the point home only in one paragraph that Lusambo should stop beating people coz it is against your Human rights. Last I checked, Lusambo was enforcing the directives of the president. The people who are supposed to enforce are not doing their job, so Lusambo steps in to urge people to comply with the restriction put in place. To me he is doing a commendable job and he should be given a pat on his back. You Human rights fimo fimo should also tell those people violating our right not be infected with COVID-19 to respect our rights. You are not telling them to adhere to the rules and regulations on COVID-19. You are a bunch of a biased organisation.

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  4. The reference to Article 15 of the Bill of Rights by the CiSCA is baffling. Is this a different Bill of Rights from the one that was defeated by the opposition led by the UPND during the last referendum?

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  5. If you want to kill a rabid dog, this is what you do, never cut off its tail because it will surely turn around & bite the hell out of you. However, if you behead it, you have a dead dog, one time. Now you know what to do!

  6. The PF government is a communist regime and its lie to say that PF is a democratic party. We all know how Edgar Chagwa Lungu became PF party president and eventually elected Zambia’s 6th president. With such thuggery leadership you don’t expect the constitution be adhered to. These are thugs of leaders. You all know where Lusambo is coming from and what he has been doing, Lungu and Lusambo are law breakers and in conclusion ‘cirmimnals’.

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  7. But I also think there is something seriously wrong with Zambians, why do they allow themselves to be whipped, why are they not retaliating against thus thug? Had I been there, Lusambo would have been taught one hell of a lesson, together with his Chagwanyokola.

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  8. But I also think there is something seriously wrong with Zambians, why do they allow themselves to be whipped, why are they not retaliating against thus thug? Had I been there, Lusambo would have been taught one hell of a lesson, together with his Chagwanyokola!!!

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  9. Since when has mr. lungu ever respected the constitution?
    He and his ministers continued in office after 2016 elections despite the constitution saying they shouldnt.
    He threatened concourt judges on the eligibility case.
    His government has been borrowing without approval from parliament despite the constitution clearly saying parliament must have oversight over acquisition of debt. Now they want to sanitize their flagrant disregard for the constitution through bill 10 which removes parliament oversight.

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  10. Next the vile man-child impostor will switch accounts and post as Bowman …if he doesn’t get a response from bloggers in diaspora where he is based, he is there comparing UK parks with closed off play areas to Soweto market and passenger parked Hiace minibuses.

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  11. This is an organization of fools. Bar are ordered to close and shallow minded people decide to meet and drink. What do you do with them? Whip them since they cannot use their heads properly

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  12. Lusambo is a thug, but that should not surprise us much as Lungu surrounds himself with thugs and corrupt elements.
    He even has the guts to say ” I will use the law within me” what a buffoon.

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  13. Tarino , I have also noticed this sh!t he@d whose IP address is located in UK switching from KZ to F*cking Lusambo .

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  14. I know this is the real kaizar and lusambo. Very reliable sources have informed me that these crooks in pf are desperate to win the next election, so they are using social media. Don’t be surprised if they enforce a tax on accessing such websites. They know the power these forums have.

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  15. I know this is the real kaizar and lusambo. Very reliable sources have informed me that these crooks in pf are desperate to win the next election, so they are using social media. Don’t be surprised if they enforce a tax on accessing such websites. They know the power these forums have and they are trying to sabotage the system.

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  16. A lot of hate on this website- I like that abene kaizar these guys are debating and telling it as it is. Why don’t you guys engage him instead u claim he is fake. I think its sign of weakness.

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  17. He beat up Mr. Kambwili on the grounds of the law-making house itself instead of debating Mr. Kambwili on the floor of the house – And after that Lungu rewarded him. That tells you the whole story, that Lungu is a rogue posing in business suits for cameras while thugs do the dirty work for him. Lungu does not understand laws and rights

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  18. Judith Mulenga needs some lessons in law it appears, one cannot reasonably hold the President liable for his minister’s action! If that were the case, we should have directly blaed Edgar Lungu for Chitotela’s theft of wildlife, alleged acquisition of stolen property or indeed the recent ACC (however toothless) summoning of Health Minister.
    There is no dispute that the President is as useful as a snail fighting a lion when it comes to him trying to control his subordinates, but to say he is directly responsible for Lusambo’s consitituonal breach is wrong.
    Anyways, we blame the People in the Diaspora and HH.

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  19. Kz is mad man he was sleeping with that Russian hule and still does yet he hating on us in diaspora. That stolen money wont last.

  20. A lot of hate on LT. Is Lt owned by those in diaspora ? Who funds them? I am asking for a friend . Don’t block me

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  21. I message ze real KZ pa Facebook and ask him about blogging. He accepts ati he is the one. I think bamudala is bored after being fired.

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  22. Impostor aka N3z the coon – I know you have posted 4 of these KZ related posts with silly daft names …Do something with your time instead of being childish everyday or go and play with yourself.

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  23. Lusambo and KZ are from the same school probably Sudanese Janjaweed school of repression. Remember, these types of people operate within a dysfunctional government. See the history of Kaizer Zulu Special Political Advisor to president Edgar Lungu repression of Zambians.
    KZ insulting well meaning citizens will not insulate you as public enemy of Zambia. You or impostor, Zambians will not forget that you have harassed, beaten, maimed, humiliated, kidnapped, fired guns and shot Zambians and dehumanise Zambians. Zambians deserve justice and time is coming to get it. Cleansing yourself on this site will not wash up, records, living witnesses exist and testimonies will be in your face.

  24. This government is packed with sh!t heads like f@ck!ng Lusambo and and d!ck heads like KZ who refuse to think and have become a law to themselves .Can you imagine what would have happened if Kambwili or HH had done this ? .Kanganje or whatever they call him would have woken up from his hell hole and charged them with trumped up charges .This government is worse than covid 19.

  25. The second and 3rd comments above attributed to The People v OJ stating that it is the real Kaiser etc are from an imposter most likely the kaizer/lusambo comedian this site has been noticing of late but nontheless my real comments cannot be mistaken, just look for the one with more sense, they cant copy that which they gravely lack.

  26. Zambia shall be saved. Chapwa. I am voting pf at all means. Why should some one abroad tell us how to live and vote. We r not a colony anymore.

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  27. This is not time to be joking or politicking lets be serious. Are you telling the truth that Zambian can comply without enforcement ? the truth is that there is no human rights if all of us dies, you can only talk of human right when you are alive. If some one is doing a good job lets recommend that personal. who is violating the laws between those who enforcing the law to save lives and those who breaking the law to destroy lives. This organization does mean well to Zambian and we don’t need such organization in Zambia. The best the organization could have done was to advice the Minister politely not to beating the Zambian citizens when enforcing the law and seriously warn those not adhering to directive that the law will take its cost than writing such article with some many…

  28. Yaba that thing also, I kept avoiding looking at it by watching Prime Tv only, but now I have to see it everyday on ZNBC Tv.

  29. What would be more interesting to know, is what if anything, are the Civil Society doing in the fight against Covid? Nothing but grouching.

    Clearly this is an unprecedented time in the world, no country has factored in a pandemic rule breaking clause. Each country is sensitising it’s citizens as suited to the people. In Africa the reaction must be very firm because of the poverty, there is a greater danger of people being fatalistic and endangering everyone. People must be subjugated to the emergency rules. It makes no sense to criticize for publicitys sake (which is not in the Constitution, by the way but you are doing it).

  30. “President Lungu is in violation of the Constitution by allowing Minister Lusambo to beat Citizens-CiSCA.”-LT

    Current PF administration doesn’t appreciate the constitution, Minister Lusambo‘s Position can be held by any political party, he’s getting away with it because he’s a PF.

    PF time-out

  31. Instead of concentrating on helping with enforcement of the compliance to the directives COVID-19 directives, CiSCA is busy looking at how best to attack the President. One day when all NGOs will be banned, may be we will have some peace,

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  32. This administration does more beating than thinking. There should be better ways of designing more practical social distancing framework.

  33. Bowman beating is just wasting his time because cases keeps on increasing… even at home when you beat children to impose your authority… at the end of the day you will loose your respect. low profile minister. should apply a system not what is doing. after PF we will never talk about Lusambo ever.

  34. Why can’t people follow simple instructions? Simple, relaxed rules, stay home to avoid the spread of Covid and you hear some I.D.I.O.T.S went to Tanzania. I for one would whip such characters of not giving them hefty fines.

    Another concern, those of you in the diaspora, just make your suggestions and leave it there instead of showing us the part of your low lives. Please!

  35. The psychotic flavour characteristic of Lusambo’s conduct has struck a gutlessly lunatic level. While his wayward boss is playing hide and seek, abrah cadabrah, now you see Chagwa agwa, now he is standing and he is babalazared!

  36. Lusambo’s conduct political asphyxiating mischief, pantomime – Mpombo
    FORMER Defense Minister George Mpombo has condemned Lusaka Province Minister Bowman Lusambo’s style of leadership, saying planting fear in the minds of people is not fighting the COVID-19 pandemic but a set back.
    And Mpombo says it is baffling and mind boggling that the minister’s appointing authority has remained silent about this.
    In an interview, Mpombo appreciated Lusambo’s zeal to fight covid-19 but encouraged him to do so within the confines of the law.
    “It’s politically and morally unjustifiable for a government minister to behave in a manner of a loose political cannon and unleash an incredible pile of distractive political pandemonium and melodrama, all in the distorted view of fighting COVID-19. This…

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