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The Poultry Association of Zambia (PAZ) says the prices of feed have started reducing because the kwacha has gained stability in the last two months.
PAZ Executive Manager, Dominic Chanda said increase in feed prices is determined by the valuation of the currency and as a result it affects the price of the soya cake for animal feed which is quoted in United States dollars.
“We have seen baking ingredients in the sock feeds go up because they are imported and this has led to the increase in feed prices as well as edible poultry products,” Mr Chanda said.
Mr Chanda told ZANIS in an interview that the low availability of maize also affected the increase in feed prices and these factors create hindrances for many farmers in their farming activities.
He stated that the closure of borders in some countries such as South Africa also led to the reduction of imports into Zambia hence the price of feed increased.
“Remember the price of feed went up and some farmers withdrew which led to the upward price adjustment in poultry products hence the market became competitive,” he said.
The poultry sector in Zambia, has witnessed a rapid growth triggering increased investments and competition, benefiting the consumers.
However, despite this growth, the sector has faced challenges hindering the development of the animal feed, feed input and poultry production due to the COVID-19 pandemic.
Former UPND Maramba Ward Councilor, Moses Simbaya has been convicted by the Livingstone Magistrate Court for obtaining money by false pretense contrary to section 309 of the Penal Code, Chapter 87, of the Laws of Zambia.
Simbaya, a businessman aged 36, of house number H12B Highlands, in Livingstone appeared before Senior Resident Magistrate Ireen Wushimanga for judgment and was sentenced to 12 months imprisonment with hard labour, suspended for six months.
Simbaya was jointly charged with Mubita Muyangwa, aged 35, of an unknown address in Livingstone, but Muyangwa was acquitted, as the Prosecution failed to prove his case beyond reasonable doubt.
Particulars of the offence are that Simbaya and Muyangwa on unknown dates but between 24th July, 2018 and 29th October, 2018, in Livingstone, jointly and while acting together and with intent to defraud, did obtain K24, 000 cash from Richard Siamiti, by falsely pretending they had a plot for sale, when in fact, not.
Simbaya and Muyangwa both pleaded not guilty to the charge.
And in reading the judgment, Senior Resident Magistrate Wushimanga said she had considered the evidence presented before court and established that K24, 000 was paid into Simbaya’s account in installments.
Ms. Wushimanga said Simbaya pretended to own a plot which belonged to Sylvester Moono and Catherine Moono, and engaged Muyangwa as an agent to find a buyer, who in this case turned out to be Richard Siamiti.
She further established that the plot did not belong to Simbaya and he had no right to sell, it.
He however, sold it but the prosecution failed to prove Muyangwa’s role as an accomplice and subsequently failed to prove his case beyond reasonable doubt.
Ms Wushimanga then acquitted Muyangwa and set him free.
She further said Simbaya had intent to defraud Siamiti as he failed to take the right steps to ensure he had the right documents to sell the land if he thought it was his.
“I find that the Prosecution has proved the case beyond reasonable doubt and find the accused Moses Simbaya guilty as charged of the offence of obtaining money by false pretence…and I convict him accordingly,” she said.
And in mitigation, Simbaya’s counsel, Fitzjohn Muleya of the Legal Services Unit said the convict was a first offender who deserved maximum leniency from the court.
Mr. Muleya said Simbaya had learnt a lesson and his desire was to be a better citizen and be an ambassador to his peers as he would warn them against being involved in offences such as the one he was charged with.
He further said Simbaya had refunded the money he had gotten from Siamiti and appealed to the court to consider using its discretion to suspend his sentence.
Ms Wushimanga said she had considered the mitigation and the fact Simbaya was a first offender entitled to leniency; and that the offence committed was a misdemeanor for which he had compensated the complainant.
“I will exercise leniency on you and sentence you to 12 months imprisonment with hard labour, suspended for six months and in addition, 60 days community services at the Subordinate Court premises,” she said.
She said Simbaya’s community service was with immediate effect and he would be supervised by the Clerk of Court.
“You will report at 07:00 hours and knock off at 16:00 hours daily. Failure to adhere to this will entail a jail term. You are community leader and should learn that, you should not do such things, so this should be a lesson to you and would be offenders,” Ms Wushimanga said.
Simbaya was until, September 2020, UPND Councilor for Maramba Ward in Livingstone.
He resigned as councilor purporting to have gotten a scholarship to study abroad.
Jay Rox releases his highly anticipated video for ‘King’ featuring Ern Chawama which has got a lot of people talking after he posted the teaser with the goat head. This song is a message to all those that still doubt his craft and those that have lost hope at becoming anything in life because they think their time has passed.
This single is here to uplift spirits. This music video was directed by Jay Rox & OG Beejay Song was produced by Kenz & Beingz Lighting by Clement Chimese Makeup by Chisanga Taylor Costume Design by Estelle Mantel & Chisanga Taylor Set Design by Jay Rox Set Master by Ronald Chama
Some Copperbelt residents have bemoaned the alleged fees being charged on individuals seeking Covid 19 tests in some health care facilities.
The residents who sought anonymity lamented that some health facilities in Kitwe, Kalulushi and Ndola are allegedly charging between K500 and K300 to carry out a COVID test, an act they said is defeating the prevention of the pandemic.
And Copperbelt Province Permanent Secretary, Bright Nundwe has warned of stiff punishment against the perpetrators.
ZANIS reports that Mr. Nundwe said such a behaviour will not be tolerated because it is a barrier in the fight against the Coronavirus that has continued to eliminate millions of lives across the globe.
Mr. Nundwe said he has equally received numerous reports and complaints that there is a section of health staff that have made it a habit to charge those that are going for COVID 19 tests adding that he will not hesitate to recommend for dismissal of those that will be found wanting.
“I have received a lot of reports and complaints in certain clinics and hospitals in the province that certain members of staff are charging persons that need to be tested for COVID 19. No member of staff is allowed to charge any test for COVID 19 on any patient,” Mr. Nundwe said.
He has since directed the Copperbelt Provincial Health office and Senior Medical Superintendents to closely monitor all health facilities in the province and ensure that the trend if true, is stopped.
But Copperbelt Province Public Health Specialist, Charles Sakulanda said it is not every institution that is allowed to charge for COVID 19 tests.
Dr. Sakulanda mentioned only Tropical Disease Research Centre ( TDRC), Arthur Davison Children’s Hospital (ADCH), Ndola district health office and the Provincial Health office that are charging for Polymerase Chain Reaction (PCR) tests.
PCR tests is a test performed to detect genetic material from a specific organism, and in this case, the Coronavirus itself.
Dr. Sakulanda explained that mostly the tests are carried out on individuals traveling outside the country and seeking express tests then a K500 routine PCR tests is done.
“The TDRC and ADCH will charge for the PCR tests and once you get those tests from the two institutions you come to the district or provincial offices for a certificate. Those are the charges which are there and no other institution is allowed
mandated to charge anything,” Dr. Sakulanda explained.
The Patriotic Front (PF) leadership in Chitambo District in Central Province have refuted social media reports claiming that 200 PF officials in Lusenga Ward have defected from the ruling party to the opposition United Party for National Development (UPND) because poverty and lack of development.
Speaking during a media briefing in Lusenga where several Ward and District officials were in attendance, Chitambo District PF Chairperson Dylan Kanguya said the leadership in Lusenga Ward is intact and very active adding that no member of the party has defected to UPND.
He said Lusenga Ward was formed in 2016 and since then, the same PF leadership that was appointed is the same one currently in operation refuting claims from the UPND that one former PF Lusenga Ward Chairperson Bowas Mwape was defecting to UPND due to unfulfilled promises from the ruling party.
Mr. Kanguya said the entire PF leadership of Chitambo District do not know any Bowas Mwape adding that the only person they have known as Lusenga Ward Chairperson since 2016 is the incumbent Stephen Muchinka.
He advised the aspiring UPND Member of Parliament Crawford Mukando and aspiring UPND Councillor John Kalale to campaign with facts and not fabricate lies as they will not take them anywhere.
Mr Kanguya added that President Edgar Lungu through the Area Member of Parliament Chanda Mutale has extremely developed the District in all the sectors and there is proof to ascertain this.
And Lusenga Ward Chairperson Stephen Muchinka said Ward officials cannot defect as they have seen and experienced massive development in the Ward and the District at large through the able leadership of the President and area Member of Parliament Chanda Mutale.
Mr. Muchinka has since given Mr. Mukando and his team 48 hours to substantiate their claims or risk being taken to court.
“We are giving him 48hrs to tell us where and when we defected because we are not going to tolerate such lies and defamation of character. If they fail to tell us the truth, we are taking all of them to court because none of us have defected whatsoever,” warned Mr. Muchinka.
And District Consistency Chairperson Dirass Kasongo said the party has not lost any member to the opposition UPND as the party membership in the party is intact.
UPND Defection Meeting to receive PF members
Reports circulating on Social Media claim that 200 PF officials in Lusenga Ward in Chitambo District have ditched the ruling PF.
Earlier, UPND media team reported that more than two hundred PF officials of Musola in Lusenga ward of Chitambo Constituency have ditched PF because of lies, poverty, continued promises and lack of Development.
The entire structure was filled with joy and pleasure as Aspiring Councillor of Lusenga Ward John Kalale welcomed them to UPND a Party he said has credible leadership with morals and interest of people at heart.
“My President Hakainde Hichilema is the people’s choice because he has demonstrated that he stands for his country Zambia and it’s people, look at how we are all suffering today while they show off with our wealth forgetting we voted for them to make our lives better. It is them who are living lavishly while we wallow in abject poverty but this time show them you cannot be used to get to the top. They have failed it’s time for the country to move forward with President Hakainde Hichilema. Thank you for your support.” said Mr Kalale.
And former PF Lusenga ward Chairperson Mr Bowas Mwape said, they have reasons as a structure to defect because of the unfulfilled promises from the ruling patriotic front. He added on saying, UPND has a credible leader with a vision to take Zambia to another level and promised to support the leadership of Hakainde Hichilema.
The new ambassadors of change were welcomed by Mr Kalale who was accompanied by Mr Crawford K. Mukando UPND Aspiring Member of Parliament, Chitambo district.
Minister of National Guidance and Religious Affairs Godfridah Sumaili has called on youths in the country to embrace peace and focus on how they can make a difference now and in the future.
Reverend Sumaili explained youths should cherish peace and unity as they are future leaders and current partners in the country’s development.
Ms Sumaili pointed out that there is no place for hate, racism and prejudice as the country strives to achieve the agenda 2030 for sustainable development.
She made the remarks yesterday when she graced the virtual Holocaust Commemoration in Lusaka.
“Holocaust means a lot to Zambia as we have over the years been known as the beacon of peace in the region. You should be interested to know that some Jews who survived the holocaust came to Zambia and settled in places such as Livingstone and I encourage everyone to visit Livingstone and see the Holocaust museum,” she said.
Ms Sumaili pointed out that Zambia holds the Holocaust remembrance in high esteem as it is one of the factors that currently trigger the promotion of peace and unit globally.
She recalled that for years Zambia has been the beacon of peace, saying that no one should take the peace being enjoyed in the country for granted.
And Germany Ambassador to Zambia Anne WAGNERMITCHELL recollected that the massacres of six million Jews by the NAZI regime was unfortunate.
Dr WAGNERMITCHELL called on all countries globally to avoid conflicts at all costs as they are detrimental to economic development and human rights attainment.
She pointed out that countries should embrace co-existence, unity and love adding that perpetrators of the holocaust of World War II are still being punished in Germany.
Meanwhile, The United Nations Resident Coordinator in Zambia Coumba Margad said the commemoration that has been held virtually due to COVID-19 helps to build democracies in the world since countries leant from the 1933-1945 tragedy.
Dr Margad who called for peace and unit globally, urged the general citizenry in Zambia to cherish the peace and unity the country has enjoyed over the years.
The theme for this year’s Holocaust commemoration is ‘facing the aftermath: recovery and reconstitution after the Holocaust’. Religious Affairs Minister, Godfridah Sumaili following the proceedings of a holocaust virtual meeting whose aim was to remember the victims that died of mass killings during the world war.The Minister officiated at the same meeting held at her office at Govenment complex.Picture by SUNDAY BWALYA/ZANIS
More than 250 families have been displaced from their homes while several crop fields have been submerged in water following flash floods being experienced in the valley area of Lusangazi District in the Eastern Province, making the affected families homeless and without food.
Agriculture authorities fear several widespread crop damage that may lead to hunger.
Lusangazi District Agriculture Coordinator Friday Sikombe estimates that a total 89 hectares of maize, 53 hectares of soya beans, 15 hectares of sunflower and 12 hectares of groundnut fields have been submerged.
Mr Sikombe also fears that the damage to crops may be more than the current estimate because some of the flooded areas like Chiwale and Chikowa are not being accessed by road as the area has been completely cut.
The DACO who described the current situation where maize, sunflower, soya and groundnuts have been submerged as a big loss to the farming families and has recommended the introduction of crops like rice for the people in the valley area.
He said rice could be a suitable crop for now as it can survived under waterlogged conditions.
Meanwhile, Lusangazi District Commissioner, Goodwin Sekelani Phiri, who inspected the damage to property and crops caused by the flash floods, said there could be more submerged homes in areas that cannot be accessed at the moment.
Mr Phiri has promised that Government will come to the aid of the affected families by providing them with temporal tents and relief food through the Disaster Management and Mitigation Unit (DMMU).
He explained that the relief operation in some parts of Lusangazi might require to be airlifted by helicopter as that is the only mode of transport that can currently reach some parts of the area.
The DC urged people living in the valley areas to consider relocating to the plateau area in order to avoid such occurrences in future.
The Zambia Center for Inter-Party Dialogue (ZCID ) has said it is important for electoral stakeholders to hold dialogues on how best the August 12, 2021 elections can be conducted amidst the Covid 19 pandemic.
Speaking in an interview with ZANIS yesterday, ZCID Executive Director Doreen Njovu said Covid 19 has changed the dynamics of the environment on how things operate and elections will also be affected in one way or another.
She said this is the time when all stakeholders should start having conversation on how best the elections can be conducted.
“Right now we can start having conversations around this matter,” she said.
Mrs. Njovu said the conversation should help come up with a backup plan should the Covid 19 still be an issue even till August.
“The conversation should help us to have a backup plan should the issue of Covid-19 still be an issue when we will be having election, when we will be having nominations, when we will be having campaigns,” she said.
The executive director also said the organization has plans to conduct dialogues but is still consulting various stakeholders at the moment.
Zambia will on August 12, 2021 be having general elections.
In contrast to the shortage of authentic, consistent heroes in public life, Zambia had a huge surplus of disappointing individuals and institutions in 2020, as the competition for shameless and uninspiring conduct grew even fiercer than in previous years. Indeed, such is the surplus that if we are really serious about diversifying and resuscitating Zambia’s ailing economy, we will do well to consider exporting many of them alongside copper.
Linda Kasonde
The decision by the Electoral Commission of Zambia (ECZ) to discard a valid and lawfully established voters’ register, numbering 6 million voters, and draw up an entirely new one within a 30-day window could have been stopped if Linda Kasonde, the Executive Director of Chapter One Foundation, had not challenged it in the Constitutional Court in October 2020. Earlier in August, Kasonde had dragged the government to the ConCourt seeking two reliefs: an order mandating the electoral body to carry out continuous voter registration and another directing the Ministry of Home Affairs to implement the mobile issuance of National Registration Cards throughout the country. In early October, she amended her petition to ask for a third relief: that the decision by ECZ to ‘disallow currently registered voters from voting in the 2021 general election is unconstitutional and therefore null and void.’ In approaching the ConCourt on this specific matter, Kasonde messed up big time and demonstrated poor judgement in three most disappointing ways.
First, the main opposition United Party for National Development (UPND) had already raised a similar case in the High Court by the time she was making an application to amend her petition before the ConCourt. Filed in late August, the UPND’s case was postponed indefinitely on the ground that Kasonde had a related matter before the superior Constitutional Court. Efforts to get Kasonde to withdraw her case from the ConCourt failed, consequently giving the High Court reason to decline hearing any applications for quashing the ECZ’s move using the pretext that a superior court was dealing with a related matter. In effect, she held the whole country hostage by blocking access to justice channels.
Second, Kasonde exhibited poor judgement when she filed her application in the ConCourt by way of a normal petition rather than through judicial review in the High Court, which offers the best returns for time-bound cases especially when Article 28 of the Constitution of Zambia is taken into account. This is because under the procedure she followed, it is nearly impossible to secure some interim reliefs that would have stopped the ECZ from implementing its plans, pending the determination of the matter. This allowed the ECZ to proceed with its schemes and has led to a situation where both her case and that of the main opposition party have now become moot or been overtaken by events. Thanks to Kasonde, President Edgar Lungu and the Patriotic Front (PF) have got one of their key pre-election aspirations – a new voters’ register, numbering 7 million, that is generally favourable to them.
The electoral body’s failure to provide a provincial breakdown of the provisional number of registered voters and its recent announcement that the new register would not be ready for inspection until April – about three months before the general election – means that it would be nearly impossible to conduct an additional voter registration exercise aimed at preventing the disfranchisement of potentially tens of thousands of Zambians who were unable to re-register in the allotted time. The majority of these are likely to be opposition voters. Three of the four provinces in which Lungu’s main opponent Hakainde Hichilema retains huge support are predominantly rural areas. Limited publicity about the commission’s plans to abolish the existing register, the long distances to the nearest administrative centres, the onset of the rainy season (which characterised the 30-day period), and the limited time that was available to complete the exercise may have all undermined the capacity of voters in these areas to take part in the earlier voter registration.
Third, the ECZ’s decision to abolish the permanent register rather than updating it, as required by law and as has been done in each election since 2005 when it was first created, violated a parliamentary statute, not Zambia’s constitution. It is therefore difficult to understand Kasonde’s motivation in taking the matter to the Constitutional Court when the best and most efficient option was for her to either join the already existing case brought by the UPND or commence a separate matter before the High Court, assuming she felt the former was weak. Moreover, why did Kasonde overlook the record of the Constitutional Court in frustrating time-bound and politically sensitive matters that challenge decisions of the executive or its affiliated institutions? It is possible that the ConCourt may only hear her case after the August election. Even if she had filed a certificate of urgency on the specific issue of abolishing the existing register, there is no guarantee that the ConCourt would have heard and determined the preliminary application before the commencement of the voter registration exercise. This further demonstrates the poverty of her decision to go to the ConCourt in the first place when the judicial review route before the High Court offered a speedy resolution of the matter, with recourse for further appeal to superior courts, if necessary. Argh, who advises Linda Kasonde? As a result of her intransigence, the historic opportunity to secure interim reliefs and arrest the faulty process initiated by the ECZ was squandered or lost. Wittingly or unwittingly, she has participated in a plot to circumvent the electoral process and create a possibly dodgy voters’ roll that is guaranteed to deliver a positive result for Lungu, the incumbent. Voter registers are the elections!
What is most disappointing is that Kasonde refused to withdraw her case even when several well-meaning people, including lawyers more senior and experienced than her, pleaded with her to do so. If she is to succeed in her advocacy work, which includes efforts to defend democracy, Kasonde would do well to learn, urgently, the value of building consensus with other progressive forces, especially when dealing with important national matters. By nature, advocacy is collaborative and requires the subordination of one’s ego to the collective, no matter how informally constructed. It is dangerous to retain a lone-wolf kind of attitude when one needs to work with other people to determine the most effective strategy for achieving certain goals and the best course of action on issues of greater public interest.
Those who participate in causes meant for the promotion of the public good need to learn the importance of actively listening to others, exercising humility, and retaining the capacity to be persuaded to another point of view if the weakness of their own is shown. How ironic that Kasonde, thanks to her rigidity or refusal to withdraw her case from the ConCourt, has helped facilitate the very outcome she was seeking to prevent – the production of a potentially problematic voters’ register. Her actions demonstrate how small decisions that might initially seem insignificant can over time produce unforeseen, large and adverse consequences. They also provide a perfect example of how ordinarily well-meaning individuals can sometimes commit grave mistakes that hurt public interest and potentially alter the course of a nation’s history.
Magistrate David Simusamba
In 2020, Lusaka Magistrate David Simusamba damaged the integrity of the Judiciary and fatally wounded public trust in it when he refused to recuse himself from presiding over the case involving opposition National Democratic Congress (NDC) leader Chishimba Kambwili after the latter accused him of soliciting a K360,000 bribe in return for a favourable verdict. To demonstrate the seriousness of his claim, Kambwili, who was charged with the offences of forgery, uttering a false document and giving false information to a public officer, lodged a formal complaint against the alleged extortionate conduct of Simusamba to the Chief Justice of Zambia, Irene Mambilima. When Mambilima failed to provide a satisfactory response to his grievances, the NDC leader sued Simusamba in the High Court while his case remained active before the same Magistrate. Not even this persuaded the corruption-accused Magistrate to step aside in the interest of justice and pave the way for the matter to be re-assigned to another judge.
As the old adage goes, it is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done. By refusing to recuse himself from hearing Kambwili’s case, Simusamba violated this established principle, opened himself to perceptions of bias and conflict of interest, and seriously undermined public confidence in the judiciary. A judge loses their impartiality in court the moment they start having differences of a serious personal nature with the accused. Once there is a perception that a magistrate or judge is an interested party in the case they are adjudicating, the principles of natural justice require such a judge to recuse themselves. The failure to do so places the judge in an awkward position, one that Simusamba found himself in.
If Kambwili’s conviction is now seen by the public as a consequence of his failure to pay the solicited bribe, an acquittal may similarly have been regarded as proof that payment did take place – the more reason why Simusamba, to preserve the integrity of the judiciary and his own, should have stepped aside. It is worth noting that the subordinate courts are where most Zambians access justice. The failure to ensure that the public sees justice being dispensed independently and fairly in these structures does not do the justice system any good. If anything, it risks creating a situation where people, with their faith in the courts seriously eroded, begin to devise their own parallel systems of obtaining or meting out justice.
Chief Justice Irene Mambilima
Chief Justice Ireen Mambilima
What has really happened to justice Irene Mambilima? It would appear that being appointed to high office under President Lungu corrosively erodes any good judgement that the appointee previously possessed. As chairperson of the Electoral Commission of Zambia, Mambilima was a well-respected figure and widely acknowledged to have run the previous elections credibly. As Chief Justice and head of Zambia’s judiciary, she has been the opposite, presiding over the contested aftermath of the 2016 elections. Judicial independence has been eroded consistently under her watch. In 2020, Mambilima joined those actively damaging the integrity of the judiciary with two contributions of her own. The first and most glaring was her failure to use her administrative powers, pursuant to Constitution of Zambia, to stop Magistrate Simusamba from handling the above-mentioned case of Chishimba Kambwili. Before suing Simusamba in court, the NDC leader had formally complained to the Chief Justice and requested her to exercise her administrative functions to compel the allegedly bribe-seeking Magistrate to recuse himself from handling his case.
In a letter dated 17 December 2019, Kambwili wrote that “Simusamba has on at least three (3) to four (4) different occasions solicited money from me in order for him to deliver Judgment in my favour. Again, I have irrefutable proof of this conduct. I have [previously]…restrain[ed] myself from taking very drastic action against him especially that he is a young man with a lot to learn in life, but his conduct does not seem to be one of a person who is…willing to change and one capable of dispensing justice in my cases. Instead, he has proved to me that he is on a path to personally destroy me especially that I have not paid him the money he has been demanding totaling (sic) ZMW 360,000.00.”
Instead of asking Kambwili to provide the ‘irrefutable proof’ in his possession, the Chief Justice responded that Simusamba had told her that it was Kambwili who had instead offered to bribe him. Quoting Simusamba, Mambilima said that the corruption-accused magistrate had informed her that “…since the inception of the case in January 2018, Mr Kambwili has relentlessly attempted to bribe me with sums of money including offers to buy me a car at the time I had no car in the first quarter of 2018 when his case had just begun. He has on several occasions sent people most of whom are close friends including one of his lawyers to bribe me. At no time have I accepted any bribe from him or solicit for one and my message to all his envoys has been very diplomatic in order to avoid trouble for his envoys. In fact, My Lady, you may wish to know that the complaint before you has been triggered by my latest refusal to accept a bribe from him. [Recently], his new lawyer, Mr Cheelo who is a former classmate and friend approached me and told me that Mr Kambwili wanted help with his case and was willing to pay any sums of money and remove Mr [Keith] Mweemba from his defence team as he had noticed that he, Mr Mweemba, was being acrimonious towards me. I respectfully declined the bribe and stopped picking all calls from Mr Cheelo. This is what triggered Mr Kambwili to write the complaint”, Simusamba is said to have told Mambilima.
Given these serious accusations and counter accusations of corruption between Magistrate Simusamba and the person he was trying, one would have expected the Chief Justice – even without getting into the veracity of both testimonies – to immediately facilitate for the transfer of the case to a different magistrate in order to protect the judiciary from real or perceived appearance of bias. Oddly, Mambilima did not. Instead, the Chief Justice told Kambwili in January 2020 that “You will no doubt note that while you are accusing the Magistrate of corruption, he is also accusing you of the same. This being the case, I will refer the matter to the Anti-Corruption Commission (ACC)…. [In the meantime,] I have decided that trial in this case will proceed before Hon. D. Simusamba because whatever decision he will reach is not final. Either party has a right to appeal and in the event of such an appeal, the correctness of that decision will no doubt, be scrutinised by the High Court in every respect”.
Mambilima’s response was as strange as it was a damming indictment on her reputation. If the Chief Justice found the allegations and counter allegations of corruption between Kambwili and Simusamba so serious that they warranted the involvement of the ACC, why then did she not consider removing the Magistrate from handling the case? Simusamba himself admits that he had personal engagement with the accused of a nature that involves several offers of money – a judge should not have such dealings with a person he is trying. Whether he turned down the bribe or not is immaterial. What matters is that the alleged offer goes directly at the heart of possible bias or conflict of interest. The moment Kambwili offered to bribe him, Simusamba should have reported the NDC leader to the ACC and recused himself from the case.
In any case, Section 39 (1) of the Anti-Corruption Act obligates a public officer to whom any gratification is corruptly given, promised or offered to report the attempted bribe to the ACC or police within 24 hours, failure to which he or she commits a crime and is liable upon conviction to imprisonment for a period not exceeding two years. By failing to report Kambwili’s alleged bribery attempts to the ACC or the police, Magistrate Simusamba may have committed a crime. However, if he had reported Kambwili, then Simusamba could no longer continue adjudicating the case because a conflict of interest would have arisen, since he would have become a complainant and a witness against the accused person appearing in his court. This is the more reason why he should have either recued himself or been made to do so by the Chief Justice.
A key shortcoming of the Zambian judiciary is the failure to take the question of recusal very seriously. We saw this recently in the case involving former Director of Public Prosecutions Mutembo Nchito and the three-member tribunal that was appointed to investigate his suitability of remaining in office. When Nchito showed that two of the tribunal members were individuals who had previously lost their jobs after he had exposed their involvement in corruption and were therefore conflicted, Mambilima, presiding over the Supreme Court, brushed aside his serious grievances, ordering him to submit himself before it and stating that he could only complain after the tribunal had completed its work. How bad should things become before the principle of recusal is taken seriously by the Zambian judiciary?
Moreover, encouraging an accused person, as the Chief Justice effectively did to Kambwili, to get convicted so that he could later appeal to superior courts overlooks the time, legal and other costs of such proceedings and appeals. Mambilima’s conduct in this case was a perfect visible indicator to lay people about how rotten the judicial system may have become. It demonstrated her failure to show leadership as the person in charge of the administration of the judiciary, ultimately responsible for protecting its integrity. Allowing a magistrate facing a corruption charge to hear and pronounce judgement in the case of the accuser was simply a travesty. It should never have happened. Precisely in whose interest was the Chief Justice acting when she decided that Magistrate Simusamba should continue hearing Kambwili’s case? Why was it so important for this particular Magistrate, not any other magistrate in the whole judiciary, to hear Kambwili’s matter? And, if one may ask a separate but related question, why does it appear that many of the cases involving serious opposition party leaders and their supporters are only allocated to either Simusamba or Magistrate Felix Kaoma?
The second disappointing action from justice Mambilima last year was her ill-advised attack on lawyers who represented Chishimba Kambwili in the same case that was before Magistrate Simusamba. On 24 July 2020, Mambilima held a meeting with the newly elected leadership of the Law Association of Zambia (LAZ) during which she condemned the attacks on the Judiciary. According to a LAZ report on the deliberations of the meeting, the Chief Justice “expressed concern at the growing tendency by Lawyers asking Magistrates and Judges to recuse themselves, when a matter is not going in favour of the Lawyer having conduct. She noted the increasing tendency by some Lawyers to intimidate Magistrates at the subordinate courts in order to influence decisions”. By ‘some Lawyers’, and given her earlier official correspondence with Kambwili, it is almost certain that Mambilima was referring to Keith Mweemba, Christopher Mundia and Gilbert Phiri, who were representing the NDC leader in the case before Simusamba.
Mambilima’s chastisement of the affected lawyers was wrong because they were simply carrying out professional instructions from their client and had followed the right channel in expressing them – lodging a formal complaint to her office as opposed to accusing the Magistrate of being corrupt in the media. In effect therefore, the Chief Justice was condemning lawyers for doing their professional work as lawyers. Was her intention to intimidate the lawyers and impress LAZ to discipline them? Such conduct on the part of the Chief Justice is detrimental because it risks creating the impression that it is wrong to report a judge’s misconduct or to ask them to recuse themselves in instances where a clear possible case of conflict of interest exists. Mambilima’s actions also have the potential to undermine access to justice by creating an impression that there are problematic clients who do not deserve representation.
We are left to wonder, confronted with intense, potentially violent and litigious national political activities this year, including what is likely to be a disputed election, can Zambians have confidence in a Judiciary headed by justice Mambilima? History will tell.
Chipolopolo staggered to the 2021 CHAN quarterfinals for a huge date against defending champions Morocco following a 0-0 draw on Wednesday evening with Namibia in Limbe.
It was a disjointed display littered with misfiring offensive play but Zambia did enough to labour to a draw to finish second in Group D tied on 5 points with leaders Guinea to both advance to the last eight.
Namibia too had their problems and almost gifted Zambia an own-goal in the 38th minute when goalkeeper Ndisiro Kamaijanda collided with Pat-Nevin Uanivi while trying to clear the ball that fortunately rolled inches wide with both having their backs to goal.
Chipolopolo captain Adrian Chama then headed wide the resultant corner taken by Zachariah Chilongoshi.
Striker Emmanuel Chabula also had a good chance in the 44th minute that he wasted when he too nodded Chilongoshi’s cross off target.
The second half was spark-less but Spencer Sautu, who had replaced Moses Phiri in the 57th minute, produced something close to quality in stoppage time when his speculative shot from range on the left wing went inches wide of the far right post.
Zambia now leaves Limbe for Douala where Morocco awaits them in the first quarterfinal at 18h00 on January 31 in their debut CHAN meeting and also Chipolopolo’s their first-ever North African opponent at the same tournament.
Guinea, who rallied twice against Tanzania to finish 2-2 in Douala, head back to Limbe to play Rwanda in the second quarterfinal on the same date.
Meanwhile, Zambia is now chasing their first semifinal appearance since 2009 following a third place finish at the inaugural tournament held in Cote d’Ivoire.
Forest Rangers failed to go top of the FAZ Super Division table on Wednesday after drawing at home with Lumwana Radiants.
The match ended 0-0 at Levy Mwanawasa Stadium in Ndola that saw an improving twelfth positioned Lumwana go five games unbeaten with three successive draws and two wins before that.
Forest stay put third but move to 24 points, tied with leaders Zanaco and second placed Prison Leopards.
In Choma, Red Arrows poor run continued while hosts’ Green Eagles’ form improved after the latter won 2-0 at home.
Gozon Mutale put ninth placed Eagles ahead in the 43rd minute; Anos Tembo added the last goal ten minutes before full-time to put the hosts on 18 points.
Arrows are 11 with 16 points after suffering their third loss in four games in which they have collected just one point.
And at Woodlands Stadium in Lusaka, Napsa Stars stayed winless for a fifth successive game following a 2-1 home to Kabwe Warriors.
But it was third from bottom Napsa who started off on a promising note when Doisy Soko put them ahead in the 4th minute.
Warriors then hit back through a Nester Likupa equalizer in stoppage time of the first half before Akakulubelwa Mwachiyaba clinched the three points two minutes before fulltime.
Warriors are sixth and three points behind the top three with 21 points after fourteen rounds played.
DEMOCRATIC Republic of Congo President Felix Tshisekedi says his government is committed to working with Zambia to actualise the Kasomeno-Mwenda toll road and Luapula bridge project.
Mr. Tshisekedi said the project which was being promoted by GED Africa and Duna Aszfalt of Hungry would offer economic benefits to both countries, hence the need to implement it.
The Head of State has since directed his government officials to collaborate with their Zambian counterparts to ensure that the groundbreaking ceremony for the project took place within the next three months.
Congolese President was speaking when Luapula Province Minister Nickson Chilangwa, Housing and Infrastructure Development Minister Vincent Mwale and Zambia’s Ambassador to that country Friday Nyambe paid a courtesy call on him.
Mr. Tshisekedi who was flanked by his Minister of Infrastructure and Public Works Willy Ngoopos also implored officials from both countries to make every decision that would culminate into the groundbreaking ceremony.
He said the project could not have more delays owing to its economic importance to both countries.
Infrastructure Development Minister Vincent Mwale and Luapula Province Minister Nickson Chilangwa, Housing in DRC
And speaking shortly after meeting Mr. Tshisekedi, Mr. Chilangwa said his delegation was sent by President Edgar Lungu to pursue the implementation of the project expeditiously following the delays.
Mr. Chilangwa who was also accompanied by Luapula Province Permanent Secretary Charles Mushota described the meeting with President Tshisekedi as successful.
He said the project had received a major boost to take off following the show of commitment by both Presidents Lungu and Tshisekedi.
“We have had a very successful meeting with His Excellency Mr. Felix Antoine Tshisekedi, President of the Democratic Republic of Congo. As you know His Excellency Dr. Edgar Chagwa Lungu sent Honorable Mwale, Hon. Nakachinda and I to come and engage the Congolese government on the Kasomeno- Mwenda project and the establishment of the Luapula River Authority. I’m glad to say that we have had a a very fruitful discussion with President Tshisekedi. He received us well,” said Mr. Chilangwa.
He noted that President Lungu fully understood the economic value of the project that is why he sent three Cabinet Ministers to engage with the Congolese authorities.
Mr. Chilangwa noted that the construction of Kasomeno-Mwenda toll road and Luapula Bridge would end the congestion woes at Kasumbalesa border post which will translate into immense economic and social benefits.
Meanwhile, Mr. Chilangwa disclosed that during the meeting the Zambian delegation made a proposal for the establishment of the Luapula River Authority.
Luapula Province Minister Nickson Chilangwa, Housing and Infrastructure Development Minister Vincent Mwale and Zambia’s Ambassador to that country Friday Nyambe paid a courtesy call on DRC President
PRESIDENT Edgar Lungu has commuted the jail sentence of former United Party for National Development MP Keith Mukata and 245 others from death row to life imprisonment.
Mukata who served as Chilanga MP till his conviction for murdering his security guard in 2018 and was sentenced to death by hanging and had recently announced that he had found the Lord and was a pastor in the making.
Speaking in Kabwe today, Home Affairs Minister Hon Stephen Kampyongo announced that President Lungu has commuted the death sentences of 246 inmates on death row at Mukobeko Maximum Security Prison and Kabwe Female Correctional Centre in Kabwe to life imprisonment.
Hon Kampyongo said out of the 246 commuted inmates, 225 are males while 21 are females and that the commutation of sentences from death to life imprisonment was in line with the President’s powers vested in Article 97 of the Constitution of Zambia.
“The clemency of Death to Life Sentences under his leadership has accumulated to about six hundred and thirty (630) during his seven years of reign. This is unprecedented human rights record which cannot go unnoticed,” he said.
The Minister said the prison authorities and inmates have expressed gratitude to President Lungu as the move will result in decongestion of the condemned section of the Maximum Security
“This prison reserved for condemned prisoners was built during the colonial era and was intended to house a maximum of 50 prisoners. Currently, however, this section of the prison accommodates more than 420 prisoners partly because there have been no executions since 1997,” he said.
He said the commutation of inmates is an opportunity for them to introspect on their past mistakes.
“Instead of you meeting the hanger you have been given a second chance of life imprisonment, therefore, do not take this lifetime gesture for granted,” Hon. Kampyongo told the excited inmates.
And Zambia Correctional Service Commissioner General Dr. Chisela Chileshe disclosed that the service has recorded 67 cases of COVID-19 among inmates and officers across all correctional facilities.
Dr Chileshe said the service will continue to enforce measures to protect inmates against the spread of the virus.
Meanwhile, speaking on behalf of the 246 inmates, Dickson Kasongo thanked President Lungu for commuting their death sentences to life imprisonment.
Mr. Kasongo said it is clear that President Lungu is concerned about the welfare of prisoners.
“His Excellency, the President, and the PF administration have enabled us to acquire National Registration Cards (NRCs) as well as Voters cards in order that we participate in the decision-making process of the country during the elections, it shows that he has not forgotten about us and wants us to be better people,” he said.
The Continental Leadership Research Institute (CLRI) has expressed concern at the recent statement by the Electoral Commission of Zambia over possible restrictions regarding the number of international election observers to be allowed in the country owing to the COVID-19 pandemic.
In a statement issued to the media CLRI Executive Director Paul Mundia Hakoola said ECZ should be more consultative when making such statements as opposed to making announcements without engaging other stakeholders.
Mr Hakoola said the statement by the electoral body undermines the spirit of transparency which is one of the values of ECZ adding that the electoral body should have robust media programs aimed at explaining the electoral process as well as conduct civic education to enlighten the citizenry.
“ECZ has been less consultative and the institute has also noted the lapses by commission’s media department to engage stakeholders through robust media programs aimed at explaining the electoral processes and conduct civic education this situation has caused anxiety among members of the public.
As an institute we reaffirm the earlier position to call on the ECZ to be more consultative and learn to build consensus among stakeholders, in view of the above reasons the institute believes that the possible restriction of international observers will undermine and erode the creditability of our electoral process,” he said.
Mr. Hakoola further wondered why ECZ is raising the issue of election observers entering the country when the country has remained open to outsiders all this time.
“Zambian airspace and borders have been open meaning different individuals from different parts of the world have been able to visit Zambia without any restrictions whatsoever. The position by ECZ to restrict international observers doesn’t hold water as our borders are open.
“The statement by ECZ undermines the spirit of transparency and accountability in the electoral process,” he said.
ECZ on Monday said the international observers may need to use their local staff to monitor the 2021 elections owing to the COVID-19 pandemic.
Zambia has in the last 24 hours recorded 1,289 new COVID-19 cases out of the 11,862 tests carried out across the country. Minister of Health, Jonas Chanda said the country has also recorded 16 COVID-19 related deaths in the last 24 hours.
Dr Chanda explained that the 16 deaths bring the cumulative number of deaths to 688, saying the deaths have been classified as 301 COVID-deaths, 382 COVID-19 associated deaths and five pending classification.
He has challenged citizens to stop being perpetuated by the dangerous trends of self-prescribing pharmaceutical or other medicines as treatment for COVID-19 as this carries serious risks.
Dr Chanda has urged people to seek medical advice as the ministry has put in place systems to ensure that people have access to routine services and medical care from health facilities.
He said the country should continue adherence to all COVID-19 guidelines so as to ensure that everyone is protected. Dr Chanda said in collaboration with many partners the government, will continue to sustain efforts to deliver quality health care to all and ensure the spread of COVID-19 is halted.
Yesterday Dr Chanda said that the Zambia recorded 1,476 new COVID- 19 cases out of the 11,683 tests conducted. Dr Chanda explained that the country recorded 12 deaths and 1,723 recoveries.
Dr Chanda pointed out that 98 percent of new cases were identified from various hospital facilities, routine tracing and contact tracing.
“Out of the 12 deaths seven have been classified as COVID-19 deaths, four as COVID-19 associated deaths and one is pending classification. Copperbelt Province recorded five deaths, Lusaka four, Eastern two and Northern one,” he said.
Dr Chanda said among the 6,588 active cases, 6,093 are under community management while 495 are admitted to various health facilities, adding that that among the 495 admitted, 339 are on oxygen and 35 are in critical condition.
“Among the new recorded cases Copperbelt recorded the highest number of cases with 345 cases. Cumulatively the country has recorded 47,625 cases with 672 deaths and 40,362 recoveries,” he explained.
Meanwhile, Dr Chanda pointed out that health authorities are providing guidance on the preparations for Nc’wala Tradition Ceremony of the Ngoni people of Eastern Province that is slated for February 27, 2021.
He further appealed to members of the general public to continue adhering to five golden rules in the quest to combat the spread of the pandemic.
And on January 25, the country recorded 809 new cases with 21 deaths and 2,679 recoveries. The cumulative number of COVID- 19 cases stands at 47,625 with 672 deaths and 40,362 recoveries.
