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LAZ goes to Constitutional Court on the Speaker’s Decision to bar PF MPs whose seats were nullfied

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The Law Association of Zambia (LAZ) has moved the Constructional Court seeking its interpretation of whether or not Speaker of the National Assembly Nelly Mutti was in order to send away Members of Parliament whose election results have been nullified.

LAZ President Abyud Shonga has confirmed in an interview with ZNBC News in Lusaka today.

Mr. Shonga says LAZ has asked the Constitutional Court to interpret articles 73 and 72 of the Constitution that hinge on the determination and interpretation of the Parliamentary petitions.

On Tuesday, December 7th, Speaker of the National Assembly Nelly Mutti sent away nine members of parliament whose election results have been nullified.

This followed a point of order raised by Chifubu Member of Parliament Alex Katakwe

Meanwhile, Lusaka Lawyer Milner Katolo has said that Speaker of the National Assembly Nelly Mutti did not err in her ruling that members of parliament whose seats were nullified through High Court judgments should not take part in Parliamentary activities unless there is a stay of execution.

Mr. Katolo says the determination of an election petition is when the trial of the election petition is concluded in the high Court where a decision is made whether to uphold or to nullify the election of a Member of Parliament.

He says if an affected member of parliament decides to appeal to the constitutional court, there is provision for that person to apply for a stay of execution pending appeal.

Mr. Katolo says it is the stay of execution that has the effect of suspending the high Court judgment and that without the stay, the high Court judgment remains in effect.

Former Home Affairs Minister Stephen Kampyongo detained in Chinsali

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Former Home Affairs Minister Stephen Kampyongo has arrived in Chinsali and detained at Chinsali Police Station over the 2015 Chopper attack In Shiwang’andu district.

Mr Kampyongo who arrived at Chinsali police station at exactly 13:53 hours this afternoon is currently detained at the police station while waiting for his lawyer.

ZANIS reports that by 17:00 hours this afternoon, Mr Kampyongo’s lawyer George Chisanga had not yet arrived in the district.

Particulars of the offense are that on January 2nd, 2015, Mr Kampyongo, whilst acting together with others, allegedly endangered the safety of an aircraft and its passengers at Kalalantekwe school grounds in Shiwang’andu district, in Muchinga province.

Yesterday, Police Spokesperson Rae Hamoonga announced that Mr Kampyongo had been warned and cautioned for the offense of Endangering Safety Contrary to Section 8(f) of CAP 445 Safety of Civil Aviation Act of the laws of Zambia.

Meanwhile, several Patriotic Front (PF) officials gathered at Chinsali Police station to witness the arrival of Mr Kampyongo.

Malanji finally granted bails as PF officials in Kitwe’s Kwacha Constituency threatened to protest

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The Lusaka High Court has granted former Foreign Affairs Minister Joseph Malanji a K10 000 kwacha bail and ordered him to provide two working sureties.

Lusaka Lawyer Makebi Zulu has confirmed that his client has been given bail in a ruling delivered in the chambers. Mr. Zulu said the demand by the Drug Enforcement Commission (DEC) for Mr. Malanji to give them documents they intend to use in the trial has been set aside as being illegal, adding that the same conditions given to Mr. Malanji apply to former Secretary to the Treasury Fredson Yamba.

Mr. Malanji is jointly charged with Mr. Yamba for willful failure to comply with procedure on supplementary expenditure. He is also charged for being in possession of properties, which are reasonably suspected to be proceeds of crime.

Meanwhile, Patriotic Front (PF) officials in Kitwe’s Kwacha Constituency have threatened to protest over the arresting of former Foreign Affairs Minister Joseph Malanji for corruption allegations.

The Drug Enforcement Commission (DEC) on Tuesday arrested Mr. Malanji ,the Kwacha Member of Parliament, together with former Secretary to Treasury Dr. Fredson Yamba in Lusaka.

Mr. Malanji is charged for alleged corruption activities suspected to have happened between January 1st, 2021, and August 31, 2021.

PF officials led by Kwacha Constituency Chairman Alex Chembo said the party is surprised and saddened over Mr. Malanji’s arrest and detention.

Mr. Chembo, the immediate past Kwacha Ward Councilor, said it was unfortunate that Mr. Malanji has remained in detention since his arrest on Tuesday without appearing in court.

He said Mr. Malanji’s arrest amounts to political persecution and is aimed at drifting people’s attention away from matters of development like the economy.

“As PF officials and members in Kwacha constituency, we are not happy over the arrest of Honourable Joe Malanji and why they are not taking him to court,” Mr. Chembo said.

According to a statement released to the media, DEC said Mr. Malanji and Dr. Yamba were arrested for authorizing the transfer of Money to the Zambian Turkish Embassy without the following procedure.

“Kwacha and Kitwe will rise and walk as far as Lusaka to oppose this kind of persecution. These arrests are getting out of hand and we are not happy at all,” said Mr. Chembo who was flanked by Kwacha Ward Chairman Joseph Chileshe.

“If they have found Mr. Malanji with a case let him appear in court. It is not right that they have kept our Honourable in police since he was arrested on Tuesday,” Mr Chileshe added.

The former Foreign Affairs Minister is charged for alleged corruption activities which happened between January 1st, 2021, and August 31, 2021.

The court has set December 9, 2021 as the date on which the ruling will be made.

In this matter, Mr. Malanji is in the first count jointly charged with former Secretary to the Treasury, Fredson Yamba on charges of willful failure to comply with the law when they transferred over K154.2 million to the Zambian mission in Turkey without following the law on supplementary expenditure as provided by article 203 of the Zambian constitution.

On the other charges Mr. Malanji is accused of possession of various properties reasonably suspected to be proceeds of crime among them a helicopter which he purchased at 1.4 Million Dollars.

President Hichilema calls on law enforcement agencies to step up efforts to combat corruption

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President Hakainde Hichilema has called on law enforcement agencies to step up efforts to combat corruption. President Hichilema said that Government will continue to render the necessary support to ease the work of law enforcement agencies and ensure they perform to people’s expectations.

This was contained in a speech read on his behalf by Justice Minister Mulambo Haimbe during this year’s International Anti-Corruption Commemorations themed ‘ Your right, your role: say No to corruption.’

President Hichilema said aspirations contained in the 2022 national budget centered on economic growth and job creation cannot be achieved if corruption is allowed to be part of the process.

He reiterated that his administration’s fight against Corruption is NOT vindictive and is not meant to punish political opponents or silence the voice of critics.

President Hichilema said his Government wants to safeguard the country’s resources and leave a legacy of transparent and accountable leadership.

He stated that Government will make it difficult for corrupt elements to thrive and that perpetrators of the vice will face the law regardless of their standing in society.

And United Nations Resident Coordinator Coumba Mar Gadio who was represented by United Nations Development Programme Resident Representative Lionel Laurent said the UN has noted the commitment by President Hichilema to strengthen accountability and transparency as well as fight corruption.

Dr Mar Gadio said weak institutions and governance structures provide a conducive environment for corruption to thrive.

Meanwhile, Anti Corruption Commission (ACC) Acting Director-General Silumesi Muchula said the Commission appreciates the political stance taken by the new dawn administration since assuming office to get rid of Corruption.

Mr Muchula said the Commission is eagerly looking forward to the revision of the Anti-corruption legislation, establishment of the fact track Anti-corruption court as well as increased funding to raise public awareness on the vice.

AND Transparency International Zambia (TIZ) Chapter Vice President Anne Chewe called for the inclusion of young people in the Fight against Corruption and the need to amplify their voices.

Dr. Chewe said the fight against Corruption is limited by the existing legal framework and called on the Government to improve the independence as well as oversight of law enforcement agencies.

Zanaco Wallop Struggling Chambishi

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Zanaco have thumped struggling side Chambishi 2-0 in Thursday’s delayed FAZ Super Division match played at Sunset Stadium in Lusaka.

Winger Ernest Mbewe and forward Emmanuel Manda scored the goals in this Week 15 match.

Zanaco showed the desire to win early in the game when Mbewe opened the scoring on five minutes.

Manda doubled the Bankers advantage with a 14th minute goal as the club returned to local action after the recent CAF engagement.

“I think the most important thing is the victory we got but again the conversion rate, I think we had so many chances where we could have scored a lot of goals. At the end of the day it was not an easy game,” said Zanaco coach Kelvin Kaindu.

“We are lacking players that can take the ball into the net. We are doing everything possible that is required in football but the end product is what we are lacking,” said Chambishi coach Kaunda Simonda.

The win moves Zanaco two places up to number 13 on 17 points from 12 matches played.

Promoted side Chambishi remained bottom of the table on 12 points after playing 15 matches.

Fight against Corruption in Zambia seems not to be yielding effective results-Action Aid Zambia

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ActionAid Zambia has said that the fight against corruption in Zambia seems not to be yielding effective results as evidenced in the decline in the Corruption Perception Index (CPI).

In a statement released to the media in joining the rest of the world in commemorating the International Anti-Corruption Day under the theme “Your right, your role; Say no to Corruption”, Action Aid Zambia said that Zambia’s CPI score has dropped by five points since 2018, indicating a rise in public sector corruption and that it is no secret that rampant corruption has resulted into limited access to public services.

Action Aid further noted that it is unfortunate that, in Zambia, most people who are involved in corrupt acts are not prosecuted and that the prosecution rate is very low especially among politically inclined officials and persons.

ActionAid Zambia recommended that the approach to prosecution should be governed by the following principle of dealing with all cases and that no case is too small to investigate and cases must be dealt with cases regardless of rank and status, and also deal with both givers and takers of bribes as they are equally culpable.

Below is the full statement

ActionAid Zambia today joins Zambia and the rest of the world in commemorating the International Anti-Corruption Day under the theme “Your right, your role; Say no to Corruption.” The International Anti-Corruption Day is celebrated annually on 9th December.

Fighting corruption is a global concern because corruption is found in both rich and poor countries, and evidence shows that it hurts poor people disproportionately. Corruption contributes to instability, high levels of poverty and is a dominant factor driving fragile countries towards state failure. In Zambia, the fight against corruption seems not to be yielding effective results as evidenced in the decline on the Corruption Perception Index (CPI). Zambia’s CPI score has dropped by five points since 2018, indicating a rise in public sector corruption. It is no secret that rampant corruption has resulted into limited access to public services.

Therefore, the 2021 theme entails that we all must unite in this hour of the Covid-19 crisis and share responsibilities to promote resilience and integrity at all levels of society. We saw how the Covid-19 funds were misappropriated which resulted in loss of millions of kwacha at the expense of the vulnerable people leading to poor access of health care and supplies.

Further, we have seen how complex corruption is becoming in Zambia mainly perpetrated by those entrusted to run the affairs of the country by the people for personal financial gain.

The Republican President, Hakainde Hichilema raised so many expectations regarding the fight against corruption looking at the increased number of cases that were reported after the 2021 August elections to the Anti-Corruption Commission. The new dawn government committed to a “zero-tolerance policy” on corruption and ensuring that perpetrators are held to account. They further committed to introduce specialized mechanisms to fast-track the recovery of stolen assets, as well as courts, focused on corruption and economic crimes.

ActionAid Zambia acknowledges that such commitments are progressive but if they lack action, they make the fight against corruption incomplete.

ActionAid Zambia notes that a prosecution is a major tool in the fight against corruption as it ensures that corrupt offenders are held to account through prosecution. Unfortunately, in Zambia, most people who are involved in corrupt acts are not prosecuted. The prosecution rate is very low especially among politically inclined officials and persons. Therefore, ActionAid Zambia recommends that the approach to prosecution should be governed by the following principles: (a) deal with all cases. No case is too small to investigate; (b) deal with cases regardless of rank and status, and (c) deal with both givers and takers of bribes. They are equally culpable.

A country determined to fight corruption must have the political will to change laws and the structure of government institutions, to not tolerate corrupt conduct, and to allocate resources to investigate and prosecute corrupt individuals. Thus, ActionAid Zambia is calling on the government to ensure that all international conventions on Anti Corruption are domesticated and Anti-corruption Act of 2012 is reviewed and amended considering the enhancement of the scoop of the Zambian anti-corruption related pieces of legislation such as the Asset declarations, Whistle-blower protection, Plea bargain and negotiations, Asset recovery (local and international) and Public procurement to mention a few.

Furthermore, there is an urgent need for more specialized training, covering especially forensic accounting looking at the sophistication and complexity of these crimes contrast with the broad lack of sufficient capacity and appropriate training of persons charged with investigating and prosecuting these crimes.

Lastly, the fight against corruption is not just for the Anti-Corruption Commission or civil society organizations, but the citizens as well must take the leading role by ensuring that they do not engage in corrupt practices. Remember, you have a role to play in curbing corruption therefore, say no to it for a better Zambia.

Nalucha Nganga Ziba
Country Director, ActionAid Zambia.

Crusade on corruption not witch-hunt

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Kitwe Pastors Fellowship has rubbished the calls by some politicians and chiefs calling the crusade on recovery of stolen public resources as a witch hunt targeted at people from a certain region.

Kitwe Pastors Fellowship Chairman, Raddy Lewila said the issue of tribal witch hunt does not arise in this case because people given the responsibility of managing public resources must be ready to account on how they executed their jobs.

“There is no connection between ones’ tribe and accounting how one managed public resources or how they acquired resources that are way above their earnings, so issues of tribalism should not be brought into the fight against corruption,” Reverend Lewila said.

He said those running public offices should be willing to open their houses for searching if they know they have not committed any wrongdoing.

He further noted that there is nothing strange about the government trying to recover stolen resources as this has happened in the past.

He has since called on Zambians to desist from the tribal talk which he said will lead to further division of the country.

Reverend Lewila noted that even the Bible admonishes people to be faithful even in managing little things.

And speaking in a separate interview Veteran politician, George Mpombo prodded President Hakainde Hichilema to strengthen the crusade against corruption and recovery of stolen public resources.

Mr Mpombo said the crusade should shift from mere talks to actions that see suspected plunderers being taken to court with air tight cases that end in convictions.

“When people begin to be convicted for stealing public funds is when the tribal witch hunt talk will end because if the convicted is a Namwanga for instance, no Namwanga will support proven theft and the issue of tribal mantra will end, otherwise there is nothing wrong with the crusade,” Mr Mpombo said.

He explained that people are expecting to see suspected plunderers being taken to court so that the pronouncements on stolen public resources are justified for people to stop taking the recovery crusade as a tribal or political witch hunt.

He said once convictions begin to manifest, all people criticizing the president will go quiet.

There has been increasing criticism on President Hakainde Hichilema regarding the crusade against corruption and recovery of stolen public resources as some politicians and traditional leaders have alleged that the crusade is a witch hunt

Forestry Department confiscated bicycles and bags of charcoal from illegal charcoal burners

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The Forestry Department in Chifunabuli District in Luapula Province has confiscated 16 bicycles and 36 bags of charcoal from 16 illegal charcoal burners.

This follows a joint patrol by officers from Chembe, Mansa and Chifunabuli Districts aimed at curbing illegal charcoal trading in the area.

Speaking in an interview with ZANIS after the patrol, Chifunabuli District Forestry Officer, Memory Simangolwa said the patrol was one of the control measures put in place to ensure that illegal cutting down of trees in the district is minimized.

“As a department, patrols and confiscation of illegal charcoal by banners in the district is one of the measures put in place to ensure that the illegal cutting down of trees is minimized as it can lead to deforestation,” she said.

Ms Simangolwa said prior to the patrols, the department spent 14 days at the charcoal market educating them on the importance of getting permits.

“Prior to the patrols, our department spent 14 days by at the charcoal market and ensured that the charcoal sellers were well educated on the need for them to get permits in order for them to trade legally and had no excuse of trading without licenses,” she explained.

She said once confiscated, the charcoal becomes state property, and the bicycles are only released to the owners upon payment of a fine of K300.

“Once confiscated, the charcoal becomes state property and is to be sold by the department, and the bicycles are only released to the owners upon payment of a fine of 300 kwacha and the money raised will be used to plant trees in the planting season which is held annually from 15th November to 15th January,’’ she said.

Ms Simangolwa however revealed that the district has been having challenges in carrying out patrols as they are facing transport challenges.

“As a district, we are facing challenges in carrying out patrols as we do not have a vehicle and Chifunabuli is vast. The District also has the Mwewa Local Forest which we are supposed to preserve but due to the transport challenge, we are unable to patrol the forest despite being aware of the illegal cutting down of trees and charcoal burning in the local forestry. This patrol was only made possible using a vehicle from the Mansa team,” she said.

She has since called on government to look into the plight of the department and procure a vehicle to easy the operations of the department.

Bowman Lusambo and others seek Judicial Review over banishment from Parliament

Bowman Lusambo and seven other Patriotic Front members of Parliament have applied for leave in the Lusaka High Court, seeking judicial review against Speaker Nelly Mutti’s decision to chase them from Parliament.

Speaker Mutti in a ruling on Tuesday ordered Lusambo and other MPs whose seats were nullified not to be attending Parliament business until their appeals were heard and determined by the Constitutional Court.

She said Lusambo and others could not continue taking part in the business of the House nor enjoy parliamentary privileges.
But Lusambo who is MP for the nullified Kabushi seat, Nakonde’s Lukas Simumba, Chinsali MP Kalalwe Mukosa, Mutotwe Kafwaya Lunte MP, Lubansenshi MP Taulo Chewe, Mkushi North MP Christopher Chibuye, Kwacha MP Joseph Malanji and Chimwemwe MP Allen Banda have sought judicial review.

This is according to ex-parte summons for leave to commence judicial review proceedings in the court.

The applicant’s application is anchored on the Provision of Order 53 Rule 3 of the Rules of the Supreme Court.

Sibongile Mwamba whose Kasama parliamentary seat was also nullified is not among the MPs who have applied for judicial review.

Judge in charge Gertrude Chawatama and judges Mwila Kombe and Susan Wanjelani have set Friday for hearing the judicial review application.

Joseph Banda Wins Two 2021 Cosafa U17 Awards

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Zambia captain Joseph Banda wrapped up his superb display at the Boys’ Under-17 football tournament hosted at the Region 5 Games in Maseru by winning two pre2stigious awards.

Banda finished as joint top scorer on five goals together with Malawi’s Masambiro Kalua.

Banda was further voted Player of the Tournament.

The Player of the Tournament accolade comes with the opportunity of spending a week in Spain as a guest of LaLiga Santander.

In Spain, Banda will train with an academy and is expected to play an official match.

Banda led Zambia to winning silver at the regional games.

Zambia on Wednesday lost 2-1 to Angola in the final of the Boys’ Under-17 football tournament at the Region 5 Games in Maseru, Lesotho.

President Hakainde Hichilema disolves IDC and FIC Boards

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President Hakainde Hichilema has with immediate effect dissolved the boards of directors for the Financial Intelligence Center (FIC) and the Industrial Development Corporation (IDC).

Minister of Finance Situmbeko Musokotwane has announced the President’s decision in a statement obtained by Q-News.

Dr Musokotwane says the decision by the President is in accordance with applicable laws.

He says the President has also conveyed his appreciation for the services rendered by the board members and wished them well in their future endeavors.

Dr Musokotwane adds that new board members will be appointed once consultations are concluded.

Government officials will no longer be entitled to personal to holder vehicles

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Secretary to the Treasury Felix Nkulukusa has said that government officials will no longer be entitled to personal to holder vehicles.

The Secretary to the Treasury said this when he appeared before the committee on parastatal bodies which is chaired by Zambezi east Member of Parliament Brian Kambita.

Mr. Nkulukusa has stated that ministers and other senior government officials will only be entitled to one utility vehicle each and in the event that the official vehicle goes to the garage, they will have to use pool vehicles.

Mr. Nkulukusa stated that going forward, the rest of the cars will be used as pool vehicles this is in an effort to do away with issues of spending colossal sums of money on expensive vehicles when companies are making losses.

Mr. Nkulukusa added that government will now be strict on the use of government number plates as no government official will be allowed to put a government number plate on a private vehicle.

The secretary to the Treasury stated that the secretary to cabinet will soon issue a circular on the use of vehicles and number plates for government vehicles.

Mr. Nkulukusa further said that permanent secretaries, ministers, and senior government officials like him will no longer sit on boards of Parastatal bodies to enable them to provide uncompromised oversight.

Mr. Nkulukusa’s statement was in response to a question by Mr Kambita and Luena Member of Parliament (MP) Mubita Anakoka who inquired on the appointment of permanent secretaries on boards, adding that Government will ensure that qualified people are appointed on boards.

Meanwhile, Mr. Nkulukusa has announced that government plans to use debt swap initiatives to deal with loans sitting at the Development Bank of Zambia involving some of the Government suppliers.

He states that the Development Bank of Zambia failed to perform because of political interference while some institutions have not been paying back loans.

Mr. Nkulukusa was responding to a question on why the country should continue with the DBZ while it has proved to be underperforming and insolvent.

Former Foreign Affairs Minister, Joseph Malanji remains in Jail

Former Foreign Affairs Minister, Joseph Malanji is spending another night in police custody following the court’s delayed to rule over his bail application.

Lusaka High Court Judge, Mwape Bowa has reserved a ruling on the bail application filed by Mr. Malanji on Tuesday afternoon.

The former Foreign Affairs Minister is charged for alleged corruption activities which happened between January 1st, 2021, and August 31, 2021.
The court has set December 9, 2021 as the date on which the ruling will be made.

In this matter, Mr. Malanji is in the first count jointly charged with former Secretary to the Treasury, Fredson Yamba on charges of willful failure to comply with the law when they transferred over K154.2 million to the Zambian mission in Turkey without following the law on supplementary expenditure as provided by article 203 of the Zambian constitution.

On the other charges Mr. Malanji is accused of possession of various properties reasonably suspected to be proceeds of crime among them a helicopter which he purchased at 1.4 Million Dollars

Ministry of Information and Media PS implores IBA to be firm and fair

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Ministry of Information and Media Permanent Secretary Kennedy Kalunga has implored the Independent Broadcasting Authority (IBA) to exercise fairness in the discharge of their duties as mandated by law.

Mr. Kalunga says the Zambia people and especially the media have high expectations from Government.

He said the Authority must ensure that fairness and high levels of integrity take center stage in all its decisions and actions.
Mr. Kalunga said there is need for close collaboration between his Ministry and the IBA in order to deliver on the expectations of the majority Zambians.

“IBA, you have a role to play and the New Dawn Government is expecting results from all of us,” he said.

Mr. Kalunga was speaking when Independent Broadcasting Authority (IBA) Director-General Josephine Mapoma led a team of officials in paying a courtesy call on him in Lusaka yesterday.

He said there is need for the IBA to operate within the confines of the law without favouring anyone because the “New Dawn” Government has assured the public that it will rule by the law and nothing else.

He encouraged IBA to be fair as they carry out their duty in regulating the media adding that the New Dawn Government has an open-door policy.

And Independent Broadcasting Authority Director General Josephine Mapoma said the Authority is ready to work with the Ministry in order to deliver to the expectations of all citizens.

It’s now clear that Mr. Hichilema has a list of MPs he wants to fix while in office-Nakachinda

Patriotic Front member of the Central Committee in charge of information and publicity Raphael Nakachinda has called on President Hakainde Hichilema to honor the K1, 500 salary increment for police officers as opposed to using them in settling political scores.

Hon Nakachinda says it is now clear that Mr. Hichilema has a list of Members of Parliament he wants to fix while in office, more especially those from the former ruling party Patriotic Front.

The PF member of the Central Committee in charge of information and publicity said this when he and other senior PF members went to visit former Home Affairs Minister Hon Stephen Kapyongo who was detained by the police at Chelston Police Station.

“It is now clear that President Hakainde Hichilema has a list of Members of Parliament he wants to fix. Let him just honor the K1, 500 salary increment he promised the police officers unlike using them to oppress political opponents. So in the next few days, you are going to see an increase of arrests because Mr. Hichilema is using law enforcement agencies by giving them instructions everyday, ” said Hon Nakachinda.

“When he (Mr. Hichilema) wakes up in the morning, his heart turns and says where is Stephen Kapyongo, Chitalu Chilufya, and when the police tell him there is nothing we have found, he says you have to find something. What is going on here at Chelston Police Station is real drama and like the leader of opposition in Parliament has said, the real answer is the court.”

And the leader of the opposition in Parliament Hon Brian Mundubile said the new government is not giving chance to PF MPs to speak for their people on many issues such as the eminent increase in fuel and electricity costs and other pressing issues.

He charged that these arrests are political and that the people of Zambia are seeing whatever is happening in the country.