President Edgar Lungu has officially launched his campaign seeking re-election in the coming Presidential General elections scheduled for 12th August 2021 with the announcement that the ruling Patriotic Front(PF) will not be holding rallies to protect the lives of the citizens by following the official COVID 19 guidelines but will employ effective campaign strategies.

Citing the fact that the rise in COVID 19 cases in India has been attributed to political rallies as super spreaders, President Lungu urged his opponents to consider following the ruling party’s decision and has since directed law enforcement agencies to take full control by rooting out irresponsible behavior of holding large gatherings.

The Head of State said campaigns will be easy because PF has proof that it has delivered development across Zambia. The Republican President has cautioned against dirty campaigns because PF has a clean record of visible development.

President Lungu said the PF Government has held the good tenets of democracy, rule of law and separation of power and that PF will continue working hard to empower women and the youth adding that a bumper harvest is underway because farming inputs were delivered on time.

President Lungu said the PF Government has protected jobs in the mines and fought for better conditions while Zambia has witnessed investment in the energy sector culminating in reduced loadshedding.

He said the PF Government has invested heavily in infrastructure development which has seen roads, schools, hospitals, houses for men and women in uniform.

The Head of State said the PF Government has further transformed the public broadcaster ZNBC through the construction of new studios and latest equipment.

He said the PF Government has witnessed the emergence of more radio and television stations in the country which is a demonstration that media space has been growing.
President Lungu said the film industry has grown to international levels which has seen artists getting well paid. He said the PF Government has worked well with traditional and church leaders as they are agents of social and economic development.

The Head of State said the PF Government has demonstrated inclusiveness which has resulted in people with disabilities being adopted for Parliamentary positions such as Dr. Thomas Mtonga in Chasefu, Eastern Province.

The President is, however, disappointed that some candidates have attacked Dr. Mtonga that he cannot be voted for because he is visually impaired. He said Dr. Mtonga who is a lecturer at the University of Zambia will be used as an example to motivate others to vie for political leadership.

On health, President Lungu said the PF Government has initiated a government insurance scheme which has benefited many citizens in accessing healthcare services. He said the PF Government has further provided free vaccines to protect the lives of the Zambian people.

President Lungu stressed that the PF Government is not scared of taking measures that might be unpopular but in the best interest of Zambia. The Head of State said the new PF Manifesto is the new convenant with the people of Zambia with a deliberate focus on revamping the economy which has been affected by COVID 19.

He said some businesses have been reserved for Zambians such as mining manganese, gold, timber, saloons, vegetables, among others to reduce importation.

Meanwhile, President Lungu has announced that PF National Chairperson Hon. Samuel Mukupa will be the Presidential Campaign Manager while the Vice Presidential Campaign Manager will be headed by MCC Hon. Given Lubinda. He named Presidential Campaign Coordinators as Hon. Vincent Mwale assisted by Hon. Charles Banda for Eastern Province.
Former Kasama MP Hon. Geoffrey Mwamba will be seconded by Hon. Bwalya Ngandu for Northern Province.

In Central Province, Hon. Jeston Mulando will be in charge assisted by Ambassador Elijah Chisanga. Hon. Mwimba Malama will manage Muchinga Province assisted by Hon. Malozo Sichone and Cathreen Chileshe focusing on Mpika.

Veteran politician Hon. Katele Kalumba (Kaka Wesu) will manage Luapula Province assisted by Wright Mwitwa. Hon. Frank Ng’ambi and Mbachi Nkwazi will be in charge of the Copperbelt while Hon. Davies Chama and Hon. Mumbi Phiri will handle Lusaka.

Hon. Siacheye Madyenkuku and MCC Kebby Mbewe will run Southern Province as Captain (Rtd) Liambela assisted by Peter Kazhila will handle Western Province.
For North Western Province, Hon. Kabinga Pande will be assisted by Mrs. Kutemba Konga.

The Head of State has thanked Zambians for the unflinching support during his first term of office urging them to give him a second term of office.

The Constitutional Court has rejected John Sangwa’s bid to discontinue a matter in which the Legal Resources Foundation Limited sued President Edgar Chagwa Lungu claiming that his nomination papers filed with the Electoral Commission of Zambia to run for President be invalidated.

Sangwa, had on Monday this week filed a Notice to wholly discontinue the Petition. This was after an identical Petition involving Dr. Sishuwa Sishuwa and Linda Kasonde’s Chapter One Foundation Limited as Petitioners had been filed into Court on Friday last week.

When the matter came up this morning before Constitutional Court Judge M. S. Mulenga, the Court noted that the Notice of Discontinuance had cited a wrong provision of the law and rejected to accept it. The Notice relied on the Rules of the Supreme Court of England instead of the Constitutional Court Rules of Zambia.

The Court went further to consolidate the two Petitions into one cause. At the same hearing, an application by the Attorney General to join the matter as second Respondent was heard and granted.

The Legal Resources Foundation becomes the First Petitioner, Dr. Sishuwa Sishuwa is now the Second Petitioner, Chapter One Foundation is the Third Petitioner while the Attorney General is now the Second Respondent.

The Respondents have been given upto Monday, 31st May, 2021 to file their responses and the matter will be heard by the full Court on either 8th or 9th June, 2021.

The Bank of Zambia has introduced new foreign currency restrictions placing a cap on individual transactions at US$ 5,000.

According to a circular dated May 24th, 2021 signed by Deputy Governor-Operations Francis Chipimo, the new over-the-counter foreign currency cash transaction limits shall take place from June 1st, 2021, and shall be observed for a period of two months to 31st July 2021.

The aggregate over-the-counter foreign currency cash transactions of a bureau de change with commercial banks shall not exceed US$ 20,000 or 70% of its regulatory capital per day.

The aggregate over-the-counter foreign currency cash transactions of a bureau de change with an individual shall not exceed US$ 5,000 per day.

The aggregate over-the-counter foreign currency cash transactions of a commercial bank with an account holder shall not exceed US$ 10,000.

The aggregate over-the-counter foreign currency cash transactions with an individual without a bank account shall not exceed US$ 5,000.

Green Party President Peter Sinkaba has advised the ruling Patriotic Front(PF) rank and file not to waste time on the eligibility cases but focus on wooing voters for President Edgar Lungu and the PF because the issues in contention on the eligibility of President to contest the 2021 elections have already been settled by the Constitutional Court in previous decisions of the Court.

In a statement released to the media today, Mr Sinkamba said that he had gone through the issues being raised and said that the case appears to him the contest is on general matters that have already been determined by the Court and that people don’t go to the courts to solve general matters and shape law.

Below is the full Statement

Re: My Message to PF Rank and File: Waste No Time on Eligibility Court Cases, Focus on Elections

As the Green Party, we would like to advise the PF rank and file not to waste time on the eligibility cases but focus on wooing voters for President Edgar Lungu and the PF because the issues in contention on the eligibility of President to contest the 2021 elections have already been settled by the Constitutional Court in previous decisions of the Court. PF members should leave the court cases to the lawyers and focus of campaigning for time is not static but running out. These court cases are merely distractions.

I have gone through various arguments advanced by proponents of the petitions. It appears to me that the contest is on general matters that have already been determined by the Court. You don’t go to the courts to solve general matters and shape law. For that, you go to the legislature. You go to the court to resolve particular disputes. For the health of the Nation and the rule of law, it is critical that we stop using courts as weapons to resolve general matters and shaping the law but instead view courts as avenues of recourse to resolve limited cases.

I say so because when the Constitutional Court or Supreme Court rules one way, it is likely to rule that way again. So continuing to push a law or policy that contradicts a previous decision essentially is an exercise in futility. A precedent that the court sets effectively is intended to prevent the same issue from arising. If parties are dissatisfied with the decisions of superior courts, the best place for them to go is to the legislature or parliament. The on-going elections present the best avenue to constitute a legislature that could refine policy issues or points of law that are in contention on the eligibility clauses. Otherwise, pushing the court route to resolve policy issues and refining the law is sheer waste of time.

The central issue in the current controversy is whether “held office” and “term of office” mean the same thing. In my view, such a question is a general matter that should be solved by the legislature and not the courts. What the court produces is not law per se, but a determination on how it interpreted an existing law for the purpose of settling a specific case or controversy. When the same issues and facts arise, they are settled based on that precedent.

In the previous cases, the Concourt generally held a consistent view that “held office” is linked to “term of office”, whereby a term means serving in the office of the president for a continuous period of three to five years. I agree with the court in many respects on this view. A Vice President usually holds the office of the President each time the President is out of the jurisdiction. In a five-year period or term, a Vice President can hold the office of the President for as many times as twenty, depending on the travels out of jurisdiction the President makes. Does such “holding” of office of President by the Vice President disqualify such a Vice President to contest as a presidential candidate in the next election? Was that the intention of the crafters of the Constitution?

What of a President, who, in a single five-year term more than twice handed over power to the Vice President, and in that manner more than twice held the office of the President, is that President eligible to contest the next election?

In my view, the issues that are being raised at this point are beyond the courts. These are now matters for the legislature to clarify. So, let’s not waste the court’s time.

Peter Sinkamba
President
The Greens
25 May 2021.