Thursday, February 29, 2024

I Strongly Doubt President Bally is still opposed to Mining in the Lower Zambezi, he is Merely Mocking the Public

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The Greens Party President Peter Sinkamba has said that he strongly doubts if republican President Hakainde Hichilema is truly opposed to Mining in the Lower Zambezi despite his presidential spokesperson Anthony Bwalya saying that the president is still opposed to the project.

In a post on his Facebook page, Mr Sinkamba said that if the President is really opposed to the Mining in the Lower Zambezi, he would have invoked executive authority to direct the committee responsible for issuing mining licences to revoke the licence pursuant to Section 72(1) (i) of the Mines and Minerals Development Act No. 11 of 2015 which empowers the Committee to suspend or revoke a licence in the public interest.

Mr Sinkamba said that the majority of the members of the public are opposed to mining, as is demonstrated by the statement issued by the Fourth Republican President H.E. Rupiah Banda.

Mr Sinkamba urged President Hichilema to act now in the public interest before he travels to Addis Ababa for the AU Summit as he has the power to stop the rot.

Below is the full post

PRESIDENT BALLY HAS POWER TO DIRECT THE REVOCATION OF LOWER ZAMBEZI MINING LICENCE IF HE IS SERIOUS
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Spokesperson Anthony Bwalya says the President Bally is still opposed to mining in the Lower Zambezi.

I strongly doubt that President Bally is still opposed. I think he is merely mocking the public.

For if really he is still opposed, President Bally would have invoked executive authority to direct the committee responsible for issuing mining licences to revoke the licence pursuant to Section 72(1) (i) of the Mines and Minerals Development Act No. 11 of 2015 which empowers the Committee to suspend or revoke a licence in the public interest.

There is no doubt that the majority of the members of the public are opposed to mining, as is demonstrated by the statement issued by the Fourth Republican President H.E. Ruphia Banda. If this is not highest level of proof of public interest, then what is it?

So, to cut the whole story short, President Bally, stop the pretence. Act now in public interest before you travel to Addis Ababa for the AU Summit. You have the power to stop the rot.

Cause Section 72(1)(i) of the Mines Act to be invoked. Blaming mischief of previous regime at this point is irrelevant.

The EIA is said to have been approved on 7th May 2021. This was barely five days before Parliament was dissolved. Thereafter, there was no minister. How could members of the public submit their appeal against the ZEMA approval to the minister responsible for environment when there was no minister at the time? ZEMA acted treacherously, and is good reason for the President to direct revocation of the mining icence under the said Section 72(1)(i) in public interest.

45 COMMENTS

  1. The President does not have any executive authority whatsoever to revoke any judgement passed by a court, that is why there is separation of powers. The fact that previous Presidents were over stepping their limits and overturning court decisions does not mean that is the way it is supposed to be.

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  2. How can a President change a court decision, there is nothing like executive authority, that is anarchy. I personally do not want the project in the national park to continue, but our democratic dispensation is that once an issue goes to court ,it is beyond the President, but I know its also this mindset in Zambia and Africa at large which thinks the President is the alpha and omega and can do anything.

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  3. The mining issue in lower Zambezi was taken to court and both the lower and higher court ruled in favour of the mine owners. The President has absolutely no powers to intervene, no where in the constitution of Zambia is the President granted any executive authority to reverse a court descision, let us not mislead each other as usual

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  4. Please President Bally follow the advice that has been given to you freely by the true son of the soil Peter Sinkamba!

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  5. Today you say that the president has no authority to reverse s court order. Tomorrow he reverses a court order you support it with numerous examples. A useless fly will follow the corpse into the grave and get buried.

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  6. Govt issues mining licenses, and has the authority to revoke them, if need be.
    If mining in the area is deemed detrimental to the public interest, what stops the govt from revoking the license?
    Surely, there must be copper elsewhere in Zambia for the investor to mine.
    Why should we destroy our inheritance for the sake of an investor? And what do we get from the mines anyway?

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  7. The law does not allow any President to revoke a court order, if government went that route they should be able to fork millions and millions to the mine owners plus contempt. Please start reading widely, it is free

  8. You can only revoke if there is no court order, not at this stage when the issue has gone through the due process of the courts

  9. Of course he is headed for Addis Ababa H’again.
    Ganjaman, opposed to what? Isn’t he in the thick of it? He has huge vested interest in the mining and there you say he is opposed to it. Hakakunkubiti is a useless vuvuzela public relations for baal strictly in line with baal’s dealings, bad or good.
    Can ZEMA and other relevant authorities issue a statement rather than burying their heads in the sand? This is preposterous! Sha!

  10. This issue went to court, not one court but two different courts, arguments were put across, merits and demerits and unfortunately the court ruled as per arguments put across, so where does a President draw powers to revoke the licence, you are a giving the President powers that he does not have. Where a mining licence is revoked is where there are no legal bindings, not this one which has legal bindings

  11. The President has nil powers to revoke any licence after a court ruling, Simple and straight forward. We all don’t want the project to proceed but the courts ruled. I don’t know which constitution you will use to allow the President to over turn a court order, you will also be setting a very dangerous precedent where the President will become a court on many other issues going forward

  12. The President is not above the courts, he does not have the power you are giving him, the complexity is that this issue passed through the courts

  13. You are all hiding behind the so-called court order. I’m sure if he overturns it (which he cannot do for obvious reasons… not because of the court), you will definitely support and defend him even by calling for thunder up on yourself.

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  14. Hey wena! The fact a law is in force does not make it equitable, fair or even — dare I say — legal! Do not assign anything absolute to laws. Repeal those silly laws and protect the creatures and environment in the Lower Zambezi. Mwefipumbu mwe. Has no power my @$$. Shishuwa Shishuwa said aptly that now is the time for the citizenry of the country to hold the people they elected to account. Now is. They should walk their talk and find a path to protect that environment. Why are they not touching the sacred indigenous parts of the world now? Why should they touch ours now?

  15. Not as easy as it sounds for the President to revoke such an arrangement that has passed through courts. The President has no power to over turn a court decision, he is not above the courts. If this issue had not passed through the courts, then it was going to be as easy as that

  16. Don’t mislead yourselves on a straight forward issue, had this issue not gone to court, it was going to be very easy for the President to revoke it. So the problem is the PF government that initially awarded the licence even when ZEMA objected it. There is no easy exit here, it is easy to talk here but not when the mine owners put their documents across, one they were legally awarded the licence by the government, secondly they won the case in court and even won the appeal again in court ,and for you, you want the President to wake up and have powers that he does not have in this case and say I have revoked this licence, just how

  17. UPND administration show us the Pricing, billing and legal and will tell you if it’s gonna work or not.

    Lower Zambezi is a blessing from the skies. It can be the first mine based on everything blockchain.

    Blockchain; a system in which a record of transactions made in bitcoin or another cryptocurrency are maintained across several computers that are linked in a peer-to-peer network.

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  18. From the comments above i can safely say we have ‘kambauwa’ judges…i believe during the court process someone must have objected to this insanity of mining in a game park but just how did the judge not think through?? What was the rationale decidendi??

  19. If the President has no Executive Power, I then propose a referendum.
    The people who are against mining can file in a petition, which should force the government to initiate a referendum, and let the people decide. Instead of filling space on LT, Peter Sinkamba should be proactive and initiate a petition.

  20. You may be wondering why PF is not making a lot of noise on this issue. Come to learn the owner of the Mine is one of their Sponsors. Somehow some PF cadres here think HH has interests.

    • Harry Kalaba was a PF Minister, please check date and signature on the letter to Mwembeshi resources, the mine owners . Can inbox your letter if you avail your address. Kalaba even acknowledged and in trying to run away from his personal involvement, he said it was a PF government decision, it was on the news yesterday

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  21. One person posting under different names, you know yourself. The case was not heard on its merits and was thrown out on technicalities.
    Alas, the President cannot overturn a court decision, that would be very bad indeed. However, he is given powers to halt the mining, not to challenge the court judgment.
    And yeah, HH did the economic groundwork for this company before they were awarded any licenses, this mining is going ahead sadly.

  22. #23…. Approval OF MINING IN LZ NATIONAL PARK…. It has been reported that…. would proceed with mining operations at…..This comes nearly twenty years following the initial prospecting license given in 2003 that was followed by legal challenges in 2011 to commencement of mining operations. The news has resulted in fresh debate… This #18 Daka should convince you that you are pointing your finger at the wrong person.

  23. #24 Chiza Chirwa…mine not may not be a good example but just amplifying on your statement. When the president pardons prisoners, he doesn’t overturn the courts judgement…. I believe the record remains that one was convicted etc?

  24. Festo February 3, 2022 At 5:19 am

    The mining issue in lower Zambezi was taken to court and both the lower and higher court ruled in favour of the mine owners. The President has absolutely no powers to intervene, no where in the constitution of Zambia is the President granted any executive authority to reverse a court descision, let us not mislead each other as usual…………IS THIS WHY AFRICANS ARE SO BEHIND? IS THIS THE LEVEL OF THINKING JUST WE SUPPORT A PARTICULAR PERSON OR PARTY ? LORD HELP THIS CONTINENT.

  25. I think I should also run to the President to overturn a decision which the court did not rule in my favour. My company employs people so if the court decision is followed, many people in my company will lose their jobs. Please Mr President over turn the decision that the court ruled against me

  26. @24, you are right indeed. Certain presidential powers exist defend injustice or indeed in response to public interests.
    You give a good example, sometimes a person can be convicted wrongly and this later found out, presidential pardon will not erase the court’s records but will adhere to justice.
    In the case of mining, the President’s invocation of the article halts the mining without touching the court’s judgment or undermining its authority.

  27. @Ahede 24.1. How do I know what? That HH was an advisor to the mining company? Remember HH threatening to sue Makebi Zulu when Zulu reviewed this information? A cursory search online ‘HH threatens to clean out Makebi Zulu’ will provide you enough information.
    If you meant to ask how do I know that the mining will go on? HH has failed to make his own statement out of fear of being asked about his promises, using his Spokesperson is admittance of failure.
    If you meant to ask how I know it’s one person posting similar comments, I have been here a long time and I know these things.

  28. Not sure why some people want Bally to over turn the decision when Edgar failed to do so possibly because of the same legal limitations

  29. We are now being told that UPND government has no powers to stop the mining project because there is a court judgement. After the lower court judgement that mining could take place in the lower Zambezi, is it not HH who said the PF government had powers to stop the project? Does this mean Lungu had more powers than HH has? Less than a year after becoming president HH has become something else.

  30. #23.1 Andereya Daka….was Kalaba minister in 2003? The time Kalaba became minister this issue was almost ten years old. Without exonerating Harry, I would like to remind you that he wasn’t the original person that issued that controversial license. But I know you will close your eyes to this. Maybe you don’t know that someone is part of Mwembeshi Resources LTD the company at the center of the issue.

  31. To some people HH must be wrong no matter what ? @ 34 Deja Vu..Do not twist facts for your selfish motives and hate for others. Give us the shareholding structure of this company. What we know so far is that Mr Mulenga Mikalile – one of the PF main supporters is a major Shareholder in this company. If HH was really canny he could have cancelled the license on that basis.

  32. HH not involved in Lower Zambezi mining – Mikalile
    2 February 2022 06:42 4

    Local tycoon Mulenga Mikalile says President Hakainde Hichilema is not involved or in anyway connected to Mwembeshi Resources, the company that has been granted a licence to mine in the Lower Zambezi.

    There has been misleading insinuations from certain mouths that the UPND government has allowed mining in the lower Zambezi because president Hichilema is a shareholder in the mining company.
    But breaking his silence Mulenga Mikalile, the managing director of Mwembeshi Resources says the rumours are false.

  33. #39 No Third Term. Your words not mine….if HH is involved you are better informed than me. Hate? My dear I am one person who does not hate…. I avoid situations that may cause me to hate…. what profit do I get by hating someone who will never even know that I exist? I’m sure you are an experienced hater to start accusing others of hate. I put points to the best of my knowledge, you also put yours simple..NOT YOU HATE HH… CAN MY HATE EVEN BE FELT BY SUCH A PERSONALITY?

  34. You all claiming the president has no powers to revoke this, are basically just blind followers who supports him no matter or however he errors. The courts do sentence people to death and the president has the powers to invoke his Executive powers by either committing the sentence to life imprisonment or even pardon the convicted and have them released. So to imply that he has no powers to invoke his Executive powers in the interest of the public and mother Zambia, is just absolute balderdash. There has never been any mining that has ever been done without impacting the environment and habitat it’s located at. And in this case, we are talking about animals and most importantly, fellow human beings living in the lower Zambezi. Lets forget partisan politics for once and do what is right…

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