Tuesday, July 1, 2025
Subscribe
Advertisement Banner
Home Blog Page 1026

President Edgar Lungu tells Judges to be impartial

Chief Editor
-
26
President Edgar Lungu tells Judges to be impartial

President Edgar Lungu says judges have a critical role to play in the dispensation of fair justice as the country goes to the presidential and general elections on August 12, 2021.

President Lungu said Zambians expect the judiciary to perform and discharge their duties with unparalleled high levels of professionalism that should be inspired by principals of judicial authority as spelt out in article 118 (2) of the Zambian constitution.

The Head of State has since urged judges to exercise impartiality and high levels of integrity in discharging their duties as political players and stakeholders will seek for justice from the courts of law

“The role of the judiciary, particularly, this year when our country is going to the general elections on 12th August, will be critical as most political players and other stakeholders will seek different forms of court relief,” he said.

President Lungu stressed that the judiciary has a key role to play in providing fair justice to meet people’s expectations.

“I am confident that your individual diverse experiences in the administration of justice in your previous capacities in the judiciary will be invaluable as you take up your respective new roles,” President Lungu said.

He said this at State House in Lusaka today when he swore in seven judges for the Supreme Court, Constitutional Court and Court of Appeals.

Justice Flugency Chisanga handing in her affidavit of oath to President Lungu when she was sworn in as Supreme Court Judge at State House
Justice Flugency Chisanga handing in her affidavit of oath to President Lungu when she was sworn in as Supreme Court Judge at State House

Justice Fulgency Chisanga was sworn in as Supreme Court Judge, while Justices Mathew Chisunka, Judy Mulongoti and State Counsel Mwila Chitabo were sworn in as Constitutional Court Judges.

Justices Anessie Banda-Bobo, Nicola Ann Sharpe-Phiri and Kelvin Muzenga were sworn in as Court of Appeal Judges.

President Lungu has since assured the judiciary that his administration remained committed to ensuring that establishments of the constitutional court and court of appeal are filled to optimum levels needed to run them effectively.

He noted that the constitutional court is supposed to have 13 judges and the court of appeal 19 judges and that the appointments of the judges to the two courts is evidence of government’s commitment to ensuring that they operate at full capacity.

The appointment of the three constitutional judges has since increased the judges to nine while the Court of Appeals now has 13.

President Lungu was delighted that the gender balancing had seen four female judges being sworn in, which demonstrated his administration’s recognition of the positive contributions that women in the judiciary are making in the dispensation of justice.

“With this progressive milestone, I urge you all not to lose sight of the fact that the positions you have been appointed to are not only of great honour, but also come with immense responsibility and high expectations from members of the public,” he said.

Dr. Lungu said he was aware of the challenges affecting the commendable work the judiciary has been doing in delivering timely and effective justice in the country.

He said government will soon embark on a robust programme of constructing court infrastructure across the country to address the critical challenge of inadequate space being faced by the judiciary.

The Head of State also assured that government will address funding inadequacies to the judiciary to meet judges’ entitlements as provided for under the law.

The swearing in ceremony was attended by Chief Justice Irene Mambilima, Deputy Chief Justice Michael Musonda, Minister of Justice Given Lubinda, and his Presidential Affairs counterpart Freedom Sikazwe, Secretary to Cabinet Simon Miti, Deputy Secretary to Cabinet Patrick Kangwa, State House and other senior government officials.

President Edgar Lungu signing on the affidavit of oath for justice Flugency Chisanga when she was sworn in as Supreme Court Judge at State House
President Edgar Lungu signing on the affidavit of oath for justice Flugency Chisanga when she was sworn in as Supreme Court Judge at State House
Justice Flugency Chisanga handing in her affidavit of oath to President Lungu when she was sworn in as Supreme Court Judge at State House
Justice Flugency Chisanga handing in her affidavit of oath to President Lungu when she was sworn in as Supreme Court Judge at State House
Justice Mwila Chitabo handing in his affidavit of oath to President Lungu when he was sworn in as Constitutional Court Judge at State House
Justice Mwila Chitabo handing in his affidavit of oath to President Lungu when he was sworn in as Constitutional Court Judge at State House
President Edgar Lungu congratulate justice Flugency Chisanga after she was sworn in as Supreme Court Judge at State House
President Edgar Lungu congratulate justice Flugency Chisanga after she was sworn in as Supreme Court Judge at State House

Parliamentarians call for more laboratories in Zambia

Photo Editor
-
2
Parliamentarians call for more laboratories in Zambia

Parliament has unanimously adopted a report of the committee on health, community development and social services.

Lukulu East Member of Parliament Christopher Kalila, who is committee chairperson, raised the motion for the report to be adopted.

Parliamentarians took turns in appreciating the contents of the report that will ensure wellness for citizens in the country.

Forum for Development and Democracy (FDD) Chiengi member of parliament Given Katuta called for more laboratories to be constructed in the country.

Ms. Katuta said wellness is key to the social and economic development of any given country hence the need to have state of the art laboratories countrywide.

“This report is timely and we call upon the executive to build more laboratories in the country because it is only healthy people that can develop this country. For Chiengi, we normally take any samples to Mansa. Mostly our water is not very safe in Chiengi so we are really on Mansa to check the samples,” she stressed.

And UPND Ikeleng’i Member of parliament Elijah Muchima pointed out that there is need to invest in scientific research in order to cushion the impact of diseases that may break out in the country.

Mr. Muchima said research will also deal with the prevailing pandemic of Covid-19.

He has since called for politicians to put their differences aside and find ways in which all provinces can have research centres.

On the other hand, Zambezi East lawmaker Harry Kamboni stated that the country urgently needs laboratories in order to contain any disease outbreaks such as Covid-19.

Mr. Kamboni said Zambezi general hospital is among the hospitals that are lacking modern laboratories in the country, an issue which should be addressed.

“This report is timely and I call upon the Ministry of Health to address the pertinent issues raised in this report. The biggest hospital in Zambezi needs a modern laboratory that will be able to analyze the samples unlike taking every sample to Lusaka,” he said.

Contributing to the adoption of the motion, both Ministers of Finance Bwalya Ng’andu and of Health Jonas Chanda hailed the committee for having raised important issues in their report.

The duo explained that the government will study the report and address the issues pointed out in line with the Abuja declaration of adequate funding to the health sector.

Zambia Chamber of Mines Urges Government to take Advantage of the Positive Rating by Fitch Ratings Agency

Chief Editor
-
8
Zambia Chamber of Mines Urges Government to take Advantage of the Positive Rating by Fitch Ratings Agency

The Zambia Chamber of Mines has urged the government to take advantage of the positive rating of the country by Fitch ratings and put the mining industry back on the growth path.

Zambia Chamber of Mines President Godwin Beene said the upgrade is an opportunity for the country to seize control of the market narrative.

Dr. Beene explains that the upgrade is an opportunity to leverage the record bullish copper demand outlook to build more momentum and seize control of the market narrative.

He noted that Zambia has always had an opportunity to attract world-class mining investment into its internationally renowned mineral exploration and production potential which the world mining investment community views with continuing interest.

He explained that it is also a good opportunity for local potential mining investors to showcase their projects on the world mining stage on the back of the favourable rating.

“The upgrade by Fitch is a great opportunity for Zambia to latch onto this positive assessment by a major international investment house, which will be a boon for both local and international investors,” he said.

Dr. Beene emphasized that there has never been a better moment for the government to reset the narrative than now.

He added that by removing the impediments to investment in the mining sector, the government can lock in a solid production increase outlook upon which to base the restoration of broad-based economic growth.

This is according to a press statement issued to the media by the Zambia Chamber of Mines Communications Manager Talent Ngandwe in Lusaka today.

Recently, the Fitch Ratings upgraded Zambia’s Long-Term Local-Currency (LTLC) Issuer Default Rating (IDR) to ‘CCC’ from ‘CC’ and has affirmed Zambia’s Long-Term Foreign-Currency (LTFC) IDR at ‘RD’.

8NDP consultations begin

Photo Editor
-
4
8NDP consultations begin

The Ministry of National Development has commenced consultative engagements with multi sectoral stakeholders to determine and agree on the priorities of the Eighth National Development Plan (8NDP) currently being formulated.

Ministry of National Development Planning Permanent Secretary for Development Planning and Administration, Chola Chabala, called on all participants to actively contribute to the formulation of the 8NDP to yield positive results.

Mr. Chabala made a clarion call to stakeholders drawn from both public and private sectors and the civil society, when he officially opened a three-day consultative meeting that closes today.

He said the national development plan is a key guiding development document for the country hence the need for all stakeholders to be included in the preparation of the plan.

“The government appreciates the important role that you and our key stakeholders play in the national development process. Your practical experience and knowledge of the issues affecting our national development will be useful in our deliberations,” he said.

Mr. Chabala emphasised that the consultative process will depend on the participant’s active involvement and contributions.

He said the deliberations at the three-day consultative meeting were vital in arriving at effective and practical measures and coming up with the priority areas of the 8NDP, which will build on the successes of the seventh National Development Plan (7NDP) that expires in December this year.

“In developing the 8NDP, let me assure all colleagues gathered here that the government is convinced that as stakeholders, we will move as a united force to deliver on this important national assignment. We will need to agree on what the issues are, what needs to be done and cardinal will be to agree on the priorities of the plan bearing in mind that we cannot do everything in just the next five years,” he said.

Meanwhile, Deputy Secretary to the Cabinet for Finance and Economic Development Mike Masiye, explained that the formulation of the 8NDP was very important to the country’s development.

Dr. Masiye has since urged all participants to freely contribute to the discussion and explained that the formulation of the 8NDP was a matter of great interest to all citizens.

He pointed out that the 8NDP was being crafted at the time when Zambia and the global community in general, were faced with the challenge of Covid-19 and its effects.

“As part of the 8NDP formulation process, the government through the Ministry of National Development Planning is undertaking consultations with various stakeholders to build consensus on priority areas to be addressed during the plan period. The consultations take a ’whole of society’ approach in line with the spirit of not leaving anyone behind in the sustainable development discourse of our country,” he said.

Dr. Masiye further stated that the decision was arrived at after taking into consideration the current state of the economy, which calls for decisive policy, economic and structural reforms to take the country back on a positive growth trajectory.

The National Planning and Budgeting Act No. 1 of 2020 mandates the Minister of National Development Planning to cause the preparation of an integrated medium and long-term national development plan with budgets that consider regional and international development aspirations.

The Act further provides for an integrated National Planning and budgeting process that promotes the participation of state and non-state actors in the planning and budgeting process.

VEEP expected in Kazungula

Photo Editor
-
10
VEEP expected in Kazungula

Vice President Inonge Wina is this weekend expected in Kazungula district to check on the Kazungula Bridge ahead of its commissioning next month.

According to the program obtained from the office of the District Commissioner’s office today, the Vice President and her entourage are expected to be briefed by Kazungula Bridge Project Team Leader before touring package one and three of the Bridge Project.

ZANIS reports that package one is the main Bridge while package three is the border facility on the Zambian side.

Once commissioned, the Bridge will act as a tourist attraction due to its unique location and will also enhance regional trade, social and economic development in the sub-Saharan countries.

President Edgar Lungu and his Botswana Mokgweetsi Masisi counterpart are expected to commission the Kazungula Bridge in May this year.

Govt sends relief mealie meal to Kazungula

Photo Editor
-
5
Govt sends relief mealie meal to Kazungula

Kazungula District Commissioner Mutinta Musokotwane has commended government for aiding the people of Kazungula district with bags of mealie-meal.

Ms. Musokotwane disclosed that three Chiefdoms are earmarked to benefit from the donated mealie-meal namely Mukuni, Sekute and Musokotwane respectively.

She said the distribution of the mealie meal which is targeted for the aged, physically challenged, the church and vulnerable groups has already started.

Ms. Musokotwane charged that the 1, 200 bags of mealie meal by 25kgs which came first will soon be distributed to farmers of Mukuni village whose fields were destroyed by elephants.

She further added that the 4,480 by 12.5 kg bags of mealie meal which came in March will be distributed to the rest of the beneficiaries in the named chiefdoms.

She commended government for the gesture to uplift the lives of the communities whose business have been affected by the outbreak of the COVID-19.

Meanwhile, Kazungula Gospel Fellowship has commended government for including the churches on the list of those to benefit from empowerment packages.

Gospel Fellowship Chairperson Pastor Kapela Chisanga of Word of Life Assemblies of God said the mealie meal received by churches in the district brought smiles from its members as COVID-19 did not spare anyone.

Sinazongwe youths empowered

Photo Editor
-
4
Sinazongwe youths empowered

The Ministry of Sport, Youth and Child Development has empowered three youth groups in Sinazongwe District with goat rearing projects for their income generation.

District Commissioner, Sheena Muleya handed over eighty goats to Sinazongwe, Mweemba and Sinazeze youth groups under the youth empowerment programme.

Mrs Muleya said government remains committed to empowering youths in order to improve their livelihoods and help them desist from engaging in bad vices such as alcohol and substance abuse.

She urged the youths to be responsible saying it was a loan that needed to be paid back so that other youths could benefit.

Mrs Muleya has commended government for empowering youths in the district as many of them lacked formal employment.

And Southern Province, Youth and Child Development Coordinator, Abigail Nedziwe said the loan given to the youths in the district in the form of goats was a pass on programme that needed to benefit more youths.

Ms Nedziwe explained that the total cost of the loan was K10, 000 for each group with interest of ten percent to be paid back in three years.

She urged youths in the district to apply for empowerment not only in agriculture and livestock development but also other income generation activities that would help improve their livelihoods.

And speaking on behalf of the beneficiaries, Christopher Nzunga thanked government for the empowerment that would go a long way in improving their lives.

Mr Nzunga said youths were lacking empowerment programmes which led them to engaging in bad vices such as alcohol and drug abuse.

He called on his fellow youths to ensure that they run their goat rearing business sustainably and ensure that they pay back in order to pass on to the next youth groups to benefit.

Media key partner of ZAMRA activities-Malama

Chief Editor
-
5
Media key partner of ZAMRA activities-Malama

Ministry of Health Permanent Secretary for Technical Services, Kennedy Malama, has reiterated government’s commitment to the provision of equity and access to quality, safe and efficacious medicines to Zambians.

Dr. Malama said this is manifested through a number of programmes implemented by the Ministry of Health to ensure that there is effective regulation of medicines at all levels from manufacturing, importation and exportation, distribution, storage, sale and use.

He said this in a speech read on his behalf by Ministry of Health Director for Performance Improvement, Jelita Chinyonga during the Zambia Medicines Regulatory Authority (ZAMRA) media engagement in Lusaka today.

Dr. Malama said effective regulation of medicines requires strategic and consistent engagement and collaborations with key developmental partners such as the media.

“The media has the ability to influence positive change in society through production and dissemination of information on issues such as the dangers of self-medicating, adverse reactions to medicines, clinical trials and production and recalls among others,” he said.

He noted that the role of the media in sensitising the masses on regulatory related information cannot be over emphasised.

The Permanent Secretary explained that awareness creation on regulatory information such as establishments of pharmaceutical and retail outlets, dangers of illegal sale of medicines, advertising and promotion of medicines is imperative in ensuring that public health is safeguarded and promoted.

And speaking at the same event, ZAMRA Acting Director General Lyoka Nyambe said the media remains a key stakeholder in effectively delivering the authority’s mandate of ensuring that all medicines and allied substances placed on the Zambian market conform to set standards of quality, safety and efficacy throughout the supply chain.

Mr. Nyambe said the media helps to sensitive and educate the masses on regulatory information as well as influencing positive attitudes and change towards rational use of medicines.

Non-compliance of COVID-19 health guide worries committee in Chipangali as Minister holds rallies

Chief Editor
-
5
Non-compliance of COVID-19 health guide worries committee in Chipangali as Minister holds rallies

The COVID-19 epidemic committee in Chipangali has expressed concern with the high number of people in the district who have not been adhering to the COVID-19 health guidelines. The committee has noted the laxity in wearing masks and observing physical distancing.

Committee chairperson, Peter Msimuko has observed that people have been gathering in large numbers without observing health guidelines to protect themselves from COVID-19.

Mr Msimuko stated that the district has a challenge with centres of worship, political party rallies and funerals where people carelessly mingle without observing health guidelines.

The District Commissioner was speaking yesterday during the district COVID -19 epidemic committee meeting in Chipangali.

“We are very much concerned with a high number of people not wearing masks and observing physical distancing. This disease is still with us and we must continue sensitizing people especially in churches and at funerals,’’ he said.

And District Health Director, Dr. Danny Suya, said numbers of positive cases were still being recorded in the district and there was need for all churches to ensure they provided masks and hand washing facilities to their members to protect them from the COVID-19 pandemic.

“We still have positive cases being recorded in the district and churches should not relax to tell their members to continue masking up and washing hands whilst maintaining social distancing,’’ he said.

Meanwhile, 5,150 in Chipangali so far tested for COVID -19

Chipangali, April 14, 2021, ZANIS— A total of 5,150 cumulative COVID – 19 tests with 325 testing positive in Chipangali District, Health Authorities say.

ZANIS reports that the cumulative total of COVID – 19 tests cover the period from last year to date targeting members of the public, and pupils as well as health personnel.

District Senior Environmental Health Officer Agripa Zulu disclosed the COVID -19 statistics , when he presented a report to the COVID 19 district epidemic committee on Monday.

Out of 325 positive cases, 321 were recoveries while only one death has been recorded and three are still active in quarantine.

Mr Zulu, who disclosed this during the meeting, also indicated that schools alone had coverage of 340 tests, with 238 pupils testing positive COVID – 19.

Adding to this, 54 health care workers in the district were tested during the same period with nine coming out positive.

“We have cumulatively tested 5, 155 people in the district and out of that, 325 were positive with one death. Currently there are three active cases in quarantine,’’ he said.

Currently, the department of health in the district has continued with COVID 19 sensitisation messages at health facilities and in schools, adding that, tests were also being done.

Mr Zulu told the meeting that all the 22 health facilities were conducting daily sensitisation messages on COVID-19 at Out-Patient Departments (OPD) and Rapid Diagnostic Tests (RDT) for the disease.

Follow-ups were also being done at facility catchment area with the support of the district office, saying other stakeholders have come on board to provide masks especially in schools.

During the same meeting, Chipangali District Health Director, Danny Suya appealed to all Heads of Department (HODs) to help continue sensitising members of the community on the dangers of the pandemic.

Dr Suya also called for the need for communities to be informed on the voluntary vaccination of COVID 19, saying people must know interventions which government has put in place to protect citizens from the disease.

Health Minister Takes the Vaccine first dose at UTH

Chief Editor
-
15
Health Minister Takes the Vaccine first dose at UTH

Health minister Dr. Jonas Chanda yesterday became the first Zambian to receive the first dose of the 2 AstraZeneca covid-19 vaccine after er launching the National vaccination programme.

And Government yesterday officially launched the Covid-19 vaccination campaign at the University Teaching Hospital (UTH) with Minister of Health Jonas Chanda receiving the first jab of AstraZeneca vaccine.

Dr. Chanda led other officials in being vaccinated against Covid-19 at UTH.

Speaking during the launch, the Minister of Health expressed delight with the successful administration of the first consignment of AstraZeneca Covid-19 vaccine under the COVAX facility.

He hoped that the vaccine will help to curb the spread of the coronavirus and mitigate the negative social and economic impact it has caused in Zambia and the world over.

“The vaccine will be an additional tool for government’s response in protecting the population from the pandemic which has negatively impacted on the economic and social wellbeing of society, ‘’ he said.

He explained that the country will utilize the 228,000 vaccine doses which have been received by prioritizing the vaccination of front liners who are at high risk of contracting the virus.

Dr. Chanda added that every eligible Zambian should make a bold decision to be vaccinated saying every citizen should be involved in the fight against the pandemic.

He reiterated that the government will ensure that all myths and misconceptions surrounding the vaccine are cleared and the vaccination exercise is conducted in a transparency and voluntary manner.

Dr. Chanda further said the provincial official launch of the vaccine will be conducted in the next few days across the country.

“The provincial official launch of the vaccine will be held country wide in all the districts at selected vaccination sites in each district,” he said.

Meanwhile, United Nations (UN) Resident Coordinator, Coumba Mar Gadio, congratulated the Zambian government for officially launching the first Covid-19 vaccination campaign under the COVAX facility.

Ms. Gadio said everyone should take a bold step and consider taking the vaccination and help in the fight against the spread of the pandemic which has devastated many countries across the world.

‘’This is the time for every citizen to join the campaign and fight against the spread of the pandemic which has affected many lives globally,’’ she said.

Speaking at the same event, European Union (EU) Representative, Jacek Jankowski, pledged US$2.96 billion for the COVAX facility aimed at the fight against the further spread of the Covid-19.

Ambassador Jankowski said government should prioritise the vulnerable group and the less privileged in receiving the vaccination as they are highly affected economically and socially.

President Lungu did not hand pick any member of the Central Committee-Mundubile

Chief Editor
-
21
President Lungu did not hand pick any member of the Central Committee-Mundubile

Government Chief Whip Brian Mundubile has clarified that President Lungu did not hand pick any member of the Central Committee but merely submitted a list of proposed members to the National Council for consideration and ratification and the names were ratified as the list represented all regions of the entire country.

He said the National Council scrutinised the submitted list and ratified it on basis of representation on different factors among them gender and region.

And Mr. Mundubile has clarified that the ruling Patriotic Front (PF) waived off the 5 years requirement for a person to qualify to be a member of the party’s Central Committee using standing orders provided for under Article 70 of the PF party Constitution.

Mr Mundubile who is former Chairperson for the Legal Affairs of the past Central Committee says this decision has seen new members such as former UPND party Spokesperson Charles Kakoma getting elected into the Central Committee among others.

He added that the standing order under Article 70 which was amended is part of the several orders which were amended by the National Council of the party at the recently held party conference which saw President Edgar Lungu re-elected as party president.

Mr Mundubile explained that according to Article 70, the Constitution may be amended by the general conference of the party provided a notice of the proposed amendment has been circulated to members of the National Council not less than one month before the meeting.

He says it also states that the notice of the proposed amendment should also subsequently be approved by the two thirds majority at the general conference.

Meanwhile Mr Mundubile, who is Mporokoso Constituency PF Member of Parliament, has described the recently held party convention as successful as it attracted participation from all ten provinces of the country.

“This passed conference is so far the best I have seen as it was well organised and it allowed for participation of all members without intimidation and other political parties were present, which for me is a plus as this shows political maturity as political parties are able to meet and dialogue.” he said.

He added that this shows how the political environment should be where politicians from different parties can meet without malice or intimidation.

President Lungu happy with the African Continental Free Trade Area agenda

Chief Editor
-
10
President Lungu happy with the African Continental Free Trade Area agenda

President Edgar Lungu has expressed satisfaction with the African Continental Free Trade Area’s (AFCFTA) agenda of accelerating intra-African trade and boosting the continent’s trading position in the global market.

President Lungu reiterated that Zambia has a firm belief in intra-Africa trade, noting that Africa is a big market exploited by the rest of the world but not exploiting itself for growth.

“If Zambia can trade and benefit from regional integration to start with, it will be easier for Zambia to trade within Africa, and for African countries to trade within Zambia, and thereby keeping our wealth internally,” the President said.

The Head of State said this when AFCFTA Secretary-General Wamukele Mene paid a courtesy call on him at State House yesterday.

President Lungu has meanwhile commended Mr. Mene and his team for embarking on the initiative to visit member states to share their aspirations and to familiarize themselves with national systems for better collaboration among countries and the Africa Continental Free Trade Area.

“I think it is important that we back up our talks with financial and economic strength, and this can only happen if we subscribe to this idea and not only subscribe but implement it, and the time to do that is now,” President Lungu said.

And visiting AFCFTA Secretary-General Wamukele Mene thanked the government of Zambia for supporting his candidature in February last year for him to become the first Secretary-General of the organization.

Mr. Mene appreciated the support he received from the Southern African Development Community (SADC) region for him to ascend to the position.

He has meanwhile congratulated Zambia for ratifying the Africa Continental Free Trade Area agreement.

He said Zambia is the only country that has submitted the trade in goods and the trade in services offers to AFCFTA.

Mr. Mene took the opportunity to outline the organization’s vision during his tenure of office.

He said interconnectivity between small medium enterprises on the African continent as well as industrialisation are the avenues that will increase the continent’s global trade share from the current three percent.

“The first and most important thing we have to do is to make sure that this agreement and its benefits are inclusive. No single African country can be globally competitive by itself, that is why there is need for collaborative efforts,” he said.

The AFCFTA Secretary General also used the opportunity to disclose that the organization had sourced financing from the African Export- Import Bank (AFEX) for productive sector investment such as textile, in order to set the industrialisation agenda into motion.

Does Romeo Kangombe Qualify to Stand for Election to Parliament in August 2021?

Chief Editor
-
28
Does Romeo Kangombe Qualify to Stand for Election to Parliament in August 2021?

By Isaac Mwanza

Introduction

Following the sentencing of Sesheke Member of Parliament, Romeo Kang’ombe, to 12 months imprisonment with hard labour on charges of assault and abduction of two police officers, a sentence which the Subordinate Court suspended for 2 years, the question has arisen in the legal fraternity as to whether Mr. Kangombe can join the parliamentary race in the 2021 General Election. The simple and straightforward answer is NO, he is not eligible. Here is why.

What is a suspended sentence?

A suspended prison sentence is the term given to a custodial or prison sentence imposed by the court, and then suspended, that is, the execution of the sentence is delayed at the discretion of the court for a period of time determined by the court.

By virtue of Section 16 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, criminal courts in Zambia enjoy the inherent and discretionary power to suspend sentences prior to their execution. A suspended custodial sentence may be accompanied by a fine. If it becomes necessary for the court to impose a custodial sentence, it will fix the term of imprisonment according to the gravity of the offence, and then decide whether the case is one in which the prison sentence can properly be suspended.

Where the execution of a custodial or prison sentence has been suspended and the offender has, during the period of the suspension, observed all the conditions specified in the order, the sentence shall not be enforced. However, if the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed. The fact is that a fine, a custodial sentence, suspension of sentence and any disqualification flowing therefrom, must all be considered as part of the total punishment

Constitutional Provision

The relevant constitutional provision is Article 70(2) (f) of the Constitution of Zambia which reads:

“A person is disqualified from being elected as a Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law.”

A sentence can be a sentence of imprisonment, one which can be served in or outside prison at the discretion of the court or a sentence where fine is paid or both or a sentence of death. The above provision is concerned with the serving of a sentence of imprisonment, which can be served in or outside prison.

From this point, it is important to define the key words in this provision. According to Oxford Dictionary, the term serving means “to spend a period of time doing something.” The Black’s Law Dictionary defines a sentence as “the judgment that a court formally pronounces after finding a criminal defendant guilty or the punishment imposed on a criminal wrongdoer” and imprisonment as “the act of confining a person, especially in a prison.”

The paraphrased version of Article 70(2) (f) of the Constitution of Zambia, therefore, means that a person who is serving a prison sentence, even if such sentence is suspended by the court for any period of time, is disqualified from being elected as a Member of Parliament. This is because that person is spending a period of time under sentence of a prison term following a judgment formally pronounced by a court after finding that person guilty as a criminal defendant and imposing such prison sentence as punishment imposed on a criminal wrongdoer, which includes confinement of that person, especially in a prison for an offence under a written law.

In effect, Mr. Kang’ombe is serving the 12-month prison sentence, except that the court has decided not to confine him to prison or a correctional facility, on condition that, over the next 2 years, he does not commit another offence or breach any of the conditions imposed by the sentencing court.

Historical Perspective of Article 70(2)(f)

Similar provisions of Article 70(2)(f) can be traced to Article 65(1)(c) of the 1991 Constitution of Zambia as well as in Article 65(1)(c) of the Constitution of Zambia (Amendment) Act No. 18 of 1996. The following articles read as follows:

“Article 65(1)(c) Constitution of Zambia, 1991
“No person shall be qualified to be elected as a member of the National Assembly who is under sentence of death imposed on him by a court in Zambia or a sentence of imprisonment, by whatever name called, imposed on him by such a court or substituted by a competent authority for some other sentence imposed on him by such court.”

Article 65(1)(c), Constitution of Zambia (Amendment) Act No. 18 of 1996

“A person shall not be qualified to be elected as a member of the National Assembly if that person is under a sentence of death imposed on him by a court in Zambia or a sentence of imprisonment, by whatever name called, imposed on him by such a court or substituted by a competent authority for some other sentence imposed on him by a court.”

However, in both the 1991 and 1996 Constitution, the law expressly excluded an instance where one is serving a suspended sentence, from being disqualified for election as a Member of Parliament. The law respectively enacted in clauses 6 and 8 of Article 65, the following independent clause:

“In this Article, the reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution of which is suspended or a sentence of imprisonment in default of payment of a fine.”

During the amendment process to the Constitution of Zambia after 2011, the framers of the law attempted to retain this same provision as above that excluded one being barred from running for parliamentary office if one was under a sentence of imprisonment the execution of which has been suspended, or more simply put, when one was under a suspended prison sentence. The 2012 Draft Constitution had thus included the said provision in the proposed Article 137(4).

However, the provision was dropped from the Final Draft Constitution produced in 2013. The Constitution of Zambia as amended in 2016 no longer has a provision that excludes one from being disqualified if they are serving a suspended prison sentence.

The implication of the suspended sentence imposed on Mr. Kangombe

Let me remind the reader, that the Sesheke lawmaker was slapped with a sentence of 12 months imprisonment with hard labour on charges of assault and abduction of two police officers. This sentence has been suspended for 2 years. Can we say, therefore, that because the court suspended the prison sentence for 2 years, Mr. Kangombe is not serving that sentence? The answer is No!

Mr. Kang’ombe is very much under that sentence, and is serving it, except that the custodial portion has been delayed at the discretion of the court. If he breaches the conditions for the suspended sentence imposed by the court at any time over the next 2 years, then the suspension of the custodial portion, will be revoked by the court and Mr. Kang’ombe will “go in”, he would be arrested and taken into custody to serve the 12 months custodial sentence.

It may be argued that a suspended sentence means one is not “serving” a term of imprisonment but would only do so if the conditions for the suspension of the sentence are breached. The definition of “serving a sentence”, based on both the Oxford and Black’s Law Dictionary, is simply that serving a sentence means that one is spending a period of time under a judgment that a court formally pronounced after finding a criminal defendant guilty.

The sentence which was imposed on Mr. Kangombe by the court, is that of imprisonment, that is, 12 months’ imprisonment with hard labour for charges of assault and abduction, suspended to 2 years.

A suspended sentence means that one still has unfinished business with the convicting court for the duration of the sentence. Under a suspended sentence, one is serving a sentence, except that, that person is not incarcerated or placed in custody. Though not incarcerated, Mr. Kangombe has a sentence of imprisonment hovering over his head for the duration of the suspension of that sentence.

To be clear, Mr. Kangombe would have qualified to stand in an election if the 1991 and 1996 provisions which excluded a suspended sentence, were not taken out from the Constitution.

Conclusion

Here, it is shown that serving a sentence of imprisonment does not mean that one must be in prison. A sentence can be a sentence of imprisonment which can be served in or outside prison at the discretion of the court. One can serve a sentence of imprisonment outside prison, in a scenario in which execution of the sentence has been suspended or where one is doing community service or is probation as opposed to being placed in custody in a prison.

Clearly, it was not the intention of the framers of the law to say one must be in prison to be disqualified from running for parliamentary office, otherwise they would have expressly provided that one is not disqualified from running for office if one is under a suspended sentence of imprisonment. The intention was to exclude those who serve a sentence, either in prison or outside prison, provided such a sentence was one of imprisonment.

As can further be seen from the analysis, the provisions which excluded one from being barred when one is serving a suspended sentence, were excluded from the Constitution of Zambia as amended in 2016. If Mr. Kangombe wants to proceed with filing nominations, he is free to do so but he should certainly expect a legal challenge to his nomination and it would provide a good opportunity to test the law once again.

Troubled Nkana Gift Last Placed Kitwe United First Win of The Season

sports
-
0

Champions Nkana’s survival battle took an ominous turn on Wednesday when they squandered a one-nil lead to lose 2-1 and hand bottom placed Kitwe United their first league victory of the season in a Kitwe derby played at Arthur Davies Stadium.

Prior to their derby demotion dogfight triumph, United had collected just 8 points from their last 22 games heading into this lunchtime kick off of the Arthur Davies doubleheader while Nkana were winless in their last five with just 1 point to show for it.

Nkana started off on a promising note when Fred Tshimenga put them ahead in the 2nd minute.

But Nkana found United goalkeeper Haveson Chingambu in great form thereafter to see Nkana take a 1-0 halftime lead.

United leveled in the 69th minute though Clive Biyeta before they sealed their home victory in very bizarre circumstances.

Nkana goalkeeper Talbert Shumba conceded an own-goal in stoppage time when dropped the ball after initially collecting defender Charles Bwalya’s cross only to see it cross the goal line to end Chingalika’s winless run this season.

Nkana stay third from bottom on 21 points from twenty games played with three matches in hand while United stay riveted at the basement but improve to 11 points after 23 games.

Meanwhile, in the late kickoff at Arthur Davies Stadium, Power Dynamos failed to reclaim third place but moved from fifth to fourth on 35 points following 1-1 home draw with Indeni.

Tiki Chiluba put Indeni ahead in the 16th minute but Godfrey Ngwenya equalized in the 72nd minute for Power.

Meanwhile, second placed Zanaco failed to close the seven-point gap with leaders Zesco United following a 2-0 away defeat in Kafue to promoted Young Green Eagles.

Striker Damiano Kola punished his childhood club with a brace in the 8th and 67th minutes.

Zanaco remain on 39 points behind Zesco who have 46 points who have won their last seven games.

Interestingly, Zesco have not lost since February 6 when they lost 1-0 away to Young Green Eagles and have not looked back since to collect maximum 21 points to date.

Government joins in Condemning the harassment of a Civil Servant by PF Cadres, as Police make arrests

Chief Editor
-
45
Government joins in Condemning the harassment of a Civil Servant by PF Cadres, as Police make arrests

The government has said that it strongly condemns the intimidation and harassment of civil servants at the Ministry of Works and Supply by suspected Patriotic Front cadres.

In a statement released to the media Chief Government Spokesperson Hon. Dora Siliya said that the conduct of the said cadres was not only unruly and uncalled for but criminal.

Hon. Siliya warned that Government will not tolerate any form of harassment against any citizen including civil servants but will ensure that they are protected and that there was need for the police to get to the bottom of the matter and ensure that all culprits are brought to book.

“Those involved in this matter must be made to account for their actions because this is criminal,” she said.

Ms. Siliya who is also Minister of Information and Broadcasting Services urged all Government Ministries and agencies to enhance their security measures to avoid the recurrence of such criminal acts.

And Zambia Police have said that they have apprehended Charles Kakula aged 24 of Kamwala South in Lusaka in connection with a video circulating on social media platforms depicting purported Patriotic Front cadres hounding out from office a civil servant on political grounds.

According to a brief statement released to the media, Danny Mwale, the Deputy Police Public Relations Officer said that preliminary investigations revealed that the incident occurred on April 13, 2021 between 11 and 12 hours at the Ministry of Works and Supply offices in Lusaka.

Mr Mwale further said that the suspect is in police custody and investigations have continued in the matter.

Dr Simon Miti
Dr Simon Miti

Meanwhile, Secretary to Cabinet, Dr. Simon Miti, has ordered that disciplinary action be taken against the Ministry of Works and Supply, Permanent Secretary, Mr. Lennox Kalonde for failing to stop the harassment of his member of staff and for failing to prevent illegal trespass of his office by unknown persons.

Dr. Miti stated that the cadres had no legal mandate or basis to conduct themselves like that at a government office.

Dr. Miti said that Mr. Kalonde failed in his duties as one responsible to manage the affairs of his Ministry in line with government rules and procedures.

Dr. Miti has requested Deputy Secretary to Cabinet, in charge of Administration, Patrick Kangwa to immediately institute disciplinary action against PS Kalonde.

Dr. Miti reminded senior officers that it was the duty of supervisors to protect their members of staff and reminded civil servants that they are expected to be politically neutral as prescribed by Civil Servants’ regulations and Code of Conduct, stating that in the event that any civil servant departed from the Civil Servant Code of Conduct, established procedures must be followed to deal with such erring officers.

Dr. Miti said party cadres or any other outsiders cannot enforce the Civil Service Code of Conduct on behalf of his office or Government.

Dr. Miti has also thanked the Zambia Police for moving swiftly and arresting the cadres that harassed the female Civil Servant.

A video has gone viral depicting a report from KBN TV which showed purported ruling PF cadres, dragging a civil servant in charge of government transport being taken from her office at Lusaka Provincial Office to the Office of Permanent Secretary, Works, and Supply, Mr. Lennox Kalonde.

1...1,0251,0261,027...5,641Page 1,026 of 5,641

Company

Trending

Categories

© Lusaka Times