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Mealie-meal prices are shooting up to levels unseen in Zambia-Fred M’membe

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By Fred M’membe President, Socialist Party

Rising mealie-meal prices can have a devastating effect on the health of poor households by making it more difficult for them to afford.

A sharp rise in mealie-meal prices can significantly affect household consumption and nutrition.
Our government needs to reallocate resources to agriculture to spur agriculture productivity.
Sharp rises in mealie-meal prices significantly burden poor households.

Governments should mitigate the impact of price increases and volatility by providing cost-effective, targeted assistance to those in need, rather than resort to market policies.

One effect of higher mealie-meal prices are higher consumer price index (CPI) inflation.

Under this government, increases in mealie-meal prices will continue to have a tremendous impact on our economy and our lives. While it is impossible to project just how long these increases will last and how deep of an effect they will have on the economy, we need to be prepared to protect ourselves against these heightened mealie-meal levels.

Mealie-meal prices are shooting up to levels unseen in this country.

We could be facing a new era of expensive mealie-meal.

If current trends are any indication, these trends are likely to bring plenty of political instability in their wake.

High mealie-meal prices are going to drive more people into poverty.

There should be no room for complacency, these mealie-meal prices are now at dangerous levels and it is also clear that they are causing pain and suffering for poor people.

As usual, it is the poorest of the poor – those who spend the largest proportions of their day-to-day incomes on mealie-meal – who are hit the hardest.

This calls for rethinking our approach. The problem is that rising mealie-meal prices like these have knock-on effects. When it comes to other commodities these markets are very interlinked.

So the price of chickens and eggs goes up as the price of stock feed increases, and that’s affected by the price of maize.

The skyrocketing mealie-meal prices are having many unexpected side effects.

We need to invest in boosting agricultural productivity.

CSOs back the passing of Bill 10 in Parliament

Civil Society Organisations (CSOs) have called on Members of Parliament to pass the Constitution of Zambia Bill Number 10 with amendments when it is presented for second reading by the Minister of Justice this Tuesday.

Speaking at a joint CSO media briefing held at MISA Zambia today, 7 civil society organisations reminded all political parties represented in Parliament that the 2016 Constitution has given the country enough of problems due to the inconsistencies which had made interpretation of the Constitution. The NGOs have since disclosed that the Minister of Justice has finally filed a notice of amendments to Bill Number 10 with the National Assembly.

Southern Centre for Constructive Resolutions of Disputes (SACCORD) Executive Director Boniface Chembe outlined a number of cases which have gone before the Courts due to conflicting and confusing provisions in the Constitution. These included the 14 days for hearing a petition which is now being extended to 30 days, the election of councillors on party lines which was challenged by lawyers in court, and many other areas.

“In 2016, lawyers had also argued that the 2016 Constitution does not allow political parties to sponsor candidates for positions of councillors and mayors, and they went to court to challenge sponsorship of councillors. Immediately after disputed 2016 elections, we saw serious problems emerging among lawyers, politicians and voters on interpretation of the 14 days for hearing a presidential petition after Mr. Hichilema challenged the election of President Lungu, leading to petitioner’s lawyers walking out as they argued that the time for presenting the petition was not enough to hear it,” said Chembe.

The NGOs called on MPs to now discharge their duty to unmake and make laws, which includes the Constitution stating that well-intentioned Members of Parliament must give Bill 10 a chance to see if the Bill can be amended at the Committee of the Whole House stage, but will also fully support these positive clauses such as Mixed Member Proportional Representation system whose details will be spelt out in the new Electoral Systems Act.

“The Constitution which MPs will be debating is not for the PF nor the UPND, it is not for those who took time to make submissions to the Ministry of Justice or those who crafted it at NDF, and the Constitution is not for us civil society leaders who spoke the loudest or lowest on radios and TVs over the last 3 years. The Constitution is for that old lady in Mugubudu; it’s for the young man in Bweengwa; it’s for that youth in Chilubi: The constitution is and must be an embodiment of the aspirations of all the people of Zambia regardless of tribe, ethnicity and indeed political affiliation,” said Mr. Chembe.

The organisations include SACCORD, MISA – Zambia, Zambian Institute of Governance and Civil Liberties Advocacy Platform (ZIGLAP), National Youth Anti-Corruption Movement (NYACM), Young African Leaders Initiative (YALI), Common Grounds Network (CGN) and Constitutional Reform and Education Coalition (CRECO)

Continued misinformation about the about Bill 10 is concerning. Given Lubinda

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Justice Minister Hon Given Lubinda Hon Lubinda has expressed concern with the continued misinformation about the about Bill 10 process saying that it is unfortunate that some individuals and groups are trying to discredit a process which has been transparent from inception and meant to address the constitutional crisis and enhance governance in the country.

Speaking during a special programe on Hot FM Monday morning, Hon Lubinda reiterated that the process has been transparent and is meant to address the many ambiguities that have negatively affected the governance system.

He referred to the failure of the referendum in the last election which had very progressive clauses but failed due to similar misinformation being peddled on bill 10.

“In this process, PF stands neither to win nor lose. The referendum in the last elections failed, has the PF lost? did we lose elections? President Edgar Lungu won with 50%+1, he did not lose and he is still governing, but the Zambian people lost and this is the same thing with this issue of bill 10” Mr Lubinda said.

He also dispelled assertions that passing bill 10 will extend the tenure of office for President Edgar Lungu among other false speculations on the matter such as the reintroduction of deputy ministers but assured that the process is not deceitful.

“I am about to get my gratuity next year and I need it but I will give it to anyone who will come to this radio station and prove that this clause is intended to extend the term of office for the president. They qualify to get my gratuity on my behalf, let them come and get it” he offered.

Hon Lubinda further counseled UPND leader Hakainde Hichilema not to be untruthful but to allow Zambians to read the document and allow governance structures to operate without undue influence.

He further regretted that those that campaigned against the referendum in the last elections are the ones misinforming Zambians on bill 10 and questioned their motive and challenged anyone to point at any particular submission that is divisive to the nation as other people are speculating.

“There was not a single clause that emanated from statehouse, cabinet or from the ministry of Justice but all those clauses came from the people and it is time now we need to move forward because there is no more room for people to have meetings but time for parliament to start its business to go through second reading” he said.

He, therefore, urged Members of Parliament to play their legislative role and interrogate the bill when it is presented to parliament for second reading tomorrow.

UNWTO calls for effective measures on COVID-19 fight

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The United Nations World Tourism Organisation (UNWTO) has urged the global tourism sector to devise effective measures aimed at containing the COVID-19 outbreak.

In a letter to Zambia’s Tourism and Arts Minister Ronald Chitotela, UNWTO Secretary-General Zurab Pololikashshvili said he held a meeting with the World Health Organisation (WHO) Director-General Tedros Adhanom, to address respective sector response to the ongoing Coronavirus outbreak.

Ambassador Zurab said the meeting that took place at WHO Headquarters in Geneva was productive and that Dr. Tedros appreciated the collaboration and the support from the tourism sector, at such a challenging time.

He revealed that the meeting agreed that a collaborative response should be based on four lines of action which include ensuring determined but appropriate action by governments, highlighting the importance of the on-going high-level communication between tourism and the public health sector, among other things.

Dr. Zurab explained that the meeting further agreed to underline the importance of international cooperation and solidarity, as well as recognize that the tourism sector can be an integral part of efforts to contain COVID-19.

The world tourism boss also revealed that UNWTO and WHO would hold a virtual meeting with the chairs of the UNWTO Regional Commissions, as well as the chair of the Executive Council and key stakeholders from across the tourism sector, within the coming days.

This is according to a press statement issued to ZANIS by the Ministry of Tourism and Arts Public Relations Officer Sakabilo Kalembwe in Lusaka today.

All political parties agreed in Siavonga to amend the constitution through the National Dialogue Forum

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GOVERNMENT Chief Whip Hon Brian Mundubile says all political parties in Zambia that gathered in Siavonga to discuss the Constitution amendment including the opposition UPND agreed to have the Constitution amended for the benefit of all Zambians.

Speaking during the Patriotic Front PF interactive forum held in lusaka yesterday, Hon Mundubile who is also Mporokoso Member of Parliament said that it is unfortunate that some opposition political parties now want to abandon the process.

The Mporokoso lawmaker said that even at a meeting of secretary generals it was agreed that the constitution be amended along with other stake holders that include the church and civil society.

He said that the National Dialogue act was crafted in Siavonga at a meeting attended by all political parties even though the opposition UPND presently distances itself from the NDF resolutions.

“All political parties agreed in Siavonga to amend the constitution through the National Dialogue Forum NDF even if the UPND Chose to boycott the NDF after being part of the creators of the NDF, Bill 10 was crafted at the National Dialogue Forum which forum was beamed live on national TV with input from all stakeholders who attended the forum seating at the Mulungushi International Conference Centre and thereafter the Contents of the Bill proposed to parliament,” Hon Mundubile said.

The Government Chief whip said that all those opposition to the success of the Bill 10 should understand that a Bill by Parliamentary definition is a mere proposal made through parliament subject to approval by the house of legislators.

Hon Mundubile said that the process of the Bill 10 has been very transparent as opposed to the notion being created by the opposition that it was a non inclusive and transparent process from the get go.

“I think for me speaking as a lawyer there is need for us to come up with a law on how to amend the constitution with specifics on what should be and not be considered in the process because it is illogical for someone to suggest that the process of the Bill 10 was not inclusive when in fact it was because each and every process thus far was followed,” Hon Mundubile said.

Eastern Province Minister Makebi Zulu
Eastern Province Minister Makebi Zulu

And Justice Minister Given Lubinda will present Constitution Amendment Bill number 10 of 2019 to Parliament this week

Mr. Mundubile said that Mr. Lubinda will at the same time move a notice of amendment that will enable recommendations to be considered that were raised by stakeholders through the parliamentary select Committee, adding that the Bill will be presented to parliament in the same form as it was taken to the select committee and amendments will only be done on the floor of the house.

Mr. Mundubile said that when the Bill is presented for second reading it will be debated taking into account recommendations from the committee and that the Justice Minister will move amendments before debates because the government has listened to the concerns of all stakeholders.

Mr Mundubile said that the government is aware of what the people of Zambia want included and excluded in the Bill adding that the will of the people is important and must be respected.

And Eastern Province Minister Makebi Zulu said bill 10 was not the position of government but of the NDF.

Mr. Zulu called on all stakeholders to support and Members of Parliament to give the people a constitution that responds to their needs.

Meanwhile PF Media Director Sunday Chanda expressed confidence in Members of Parliament that they will do what is right by participating in debates when bill 10 is presented to parliament.

Nothing odd about Cabinets involvement in the Constitution Amendment Bill 10 process-Lubinda

MINISTER of Justice Hon Given Lubinda says that there is nothing odd about Cabinets involvement in the Constitution Amendment Bill 10 process.

Speaking when he appeared on the Sunday Interview Programme on ZNBC hosted by Grevazio Zulu, the Minister who is also Kabwata Member of Parliament said that Government has been a silent listener guarding the amendment process.

Hon Lubinda said that even though government has been a silent listener guarding the process all the views enshrined in the document came from the various players who attended the NDF.

“So for those who are saying the government was involved in the process yes government through the Ministry of justice was involved to the extent of guarding the process” Hon Lubinda said.

Hon Lubinda recollected how some Opposition UPND Members of Parliament debated very ferociously in 2016 to make amendments to the Constitution which led to 91 members of Parliament voting to amend the Constitution while 52 voted for no amendment.

Hon Lubinda said that Cabinet had spent three years listening to all the views on each and every clause that had been presented before making an official stance.

The Minister said the appointment of a Parliamentary Select committee on the Constitution Amendment Bill 10 by the speaker of the National Assembly Dr Patrick Matibini was within the law and Constitutional.

Sangwa is patriot and a defender of the constitution-Senior Chief Mukuni

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Senior Chief Mukuni of the Tokaleya people of Kazungula district in Livingstone has demanded for the unconditional lifting of the suspension of Lusaka Lawyer John Sangwa from appearing before any Zambian Court.

And Chief Mukuni has called on all traditional leaders in Zambia to offer solidarity to Mr. Sangwa as his suspension is unfair and unjust.

Chief Mukuni has described Mr. Sangwa as a patriot, a man of logical mind, a defender of the constitution and the rule of law.

In a statement, Chief Mukuni said Mr. Sangwa’s selfless act in the face of naked aggression and persecution by the state machinery, political party functionaries and surrogates, inspires hope and direction for the country that has reeled backwards in areas of constitutionalism, civil and political liberties.

He said Mr. Sangwa’s resolute fight transcends the pettiness of politics, partisanships and patronage.

The Traditional leader said Mr Sangwa has raised the bar for Zambians, especially the young citizens to emulate and pursue.

Below is the full statement

Press statement for immediate release from Senior Chief Mukuni

15th March 2020

TRADITIONAL LEADERSHIP MUST SUPPORT JOHN SANGWA SC

I wish to call upon my collegues their Royal Highnesses across the Republic to offer solidarity to a patriot, a man of a logical mind, defender of the constitution and the rule of law, John Sangwa SC, for his unequivocal and courageous resolve to stand on the side of the people, by defending democracy and civil liberties of all our citizens. John Sangwa’s suspension by the Judiciary from practicing his law is unfair and unjust and should be lifted immediately.

Counsel Sangwa’s selfless act in the face of naked aggression and persecution by the state machinery, political party functionaries and surrogates, inspires hope and direction for our country that has reeled backwards in areas of constitutionalism, civil and political liberties and shared values on which our nation was founded upon.

Mr John Sangwa’s apolitical and resolute fight transcends the pettiness of politics, partisanships and patronage, it is a fight for the survival of the collective character of this nation that exceeds artificial barriers of race, ethnicity, gender, religion and other narrow sectarian interests. He has raised the bar for our people, especially our young citizens to emulate and pursue. He and other like minded brave patriots must be supported by all peace loving citizens.

There can be no prosperity and progress for any nation whose government does not place constitutionalism, the rule of law and impartial pursuance of public order at the centre of its existence. All Traditional leaders must therefore support any effort that promotes the rule of law and the enjoyment of peaceful coexistence by their subjects.

We must speak with one voice, against the abuse of the institutions of governance by those who are vested with priveleges and responsibilities to govern. This is what John Sangwa SC is advocating for, this is why he needs our collective support by ensuring his arbitrary suspension from appearing before the courts of law, is unconditionally lifted.

God bless you and may He bless the Republic.

Senior Chief Mukuni of the Leya people of Kazungula, Livingstone and Zimba Districts and all the Bene Mukuni.

South Africa institutes travel ban on foreign nationals from UK,USA and other high risk areas

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South African President Cyril Ramaphosa this evening announced a travel ban on foreign nationals from countries hard hit by covid -19.

“ We’re imposing a travel ban on foreign nationals from Italy, Iran, South Korea, Germany, the United States and China from Wednesday 18 March. We have cancelled visas from those countries. We advise against all travel to the EU, the United States, China, Iran and South Korea – this is effective immediately.

“Any foreign national who has visited these countries in the past 20 days, will be denied a visa. Anyone returning to South Africa from these high-risk countries will be quarantined for 14 days. All travellers who entered SA from these nations since mid-February, are asked to get themselves tested.”

“Up to 35 ports of entry will be shut down. Two of our eight sea ports will be closed from 16 March. All non-essential travel for all spheres of government is prohibited. We discourage all non-essential air travel, or any travel across our borders as well,” he said.There have been 61 cases of COVID-19 confirmed in South Africa, mostly from return travellers.

John Sangwa is a ‘state saboteur’ pushing an agenda by the opposition to demean Zambia’s institutions of Justice-Tayali

The Economic and Equity Party (EEP) Leader Chilufya Tayali has described embattled UPND lawyer John Sangwa as a ‘state saboteur’ pushing an agenda by the opposition to demean Zambia’s institutions of Justice.

And Mr. Tayali has stated those who are sympathizing with his suspension, are pushing the same agenda.

Sangwa has been banned from appearing before any courts of law in Zambia for disrespecting the country’s judicial systems.

He has in the recent past Labored on various media platforms to disrespect and discredit the Constitutional court ruling on President Edgar Lungu’s eligibility when they have already guided that the Head of State is eligible to contest the 2021 elections.

The EEP leader has told journalists in Lusaka that he was also pondering on Suing Sangwa on grounds that his conduct could dent the image of the institutions of Justice.

“John Sangwa is not a hero! John Sangwa is a Saboteur of the Government!. John Sangwa, if he is a lawyer worth his salt, there was no way he’d fail to read the constitution and understand that President Edgar Lungu is eligible.” Mr. Tayali stated.

“And these lawyers if indeed they read the Constitution objectively, if indeed they are qualified as John Sangwa is trying to claim, they should not be confused with these issues, but they are doing this, my brothers and sisters, not because of debating the constitution, it is about them getting power.” Mr. Tayali added.

Mr. Tayali has, on the other hand, stated that Sangwa has been doing all this because time has caught up with him because he is no longer getting the money that he used to get way back when he was in a named cartel.

“Bena John Sangwa they are part of the cartel if you remember when President Edgar Lungu was coming into power, there was a cartel, the Fred M’membe cartel and all of them are languishing. That is why he (Sangwa) is making all that noise.

They used to make money. They never used to mingle with people like myself self they are now with us .” said Mr. Tayali.

Meanwhile, Mr. Tayali has hailed the government for clearing speculations and rumors surrounding Bill 10.

He says the bill in its current form of Ben favors even those who opposed it from the onset.

On Friday, Justice Minister Hon. Given Lubinda held a consultative meeting with various stakeholders in Lusaka where he Clarified speculations, rumors, and lies being peddled by some disgruntled UPND aligned CSOs.

Stakeholders Should Advocate For Use Of State Institutions To Air Grievances-SACCORD

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SACCORD has urged stakeholders in the Peace, Democracy, and Governance to advocate and support citizens in the country to use established state institutions when airing their grievances.

Speaking during a press briefing held at SACCORD Secretariat in Lusaka on Sunday organization Executive Director Boniface Cheembe observed that when citizens avoid using state institutions to air their grievances the alternative is the street or the bush which in turn creates civil strife in the country.

He said country has avoided such situations by ensuring that leaders and citizens alike do not take the law in their own hands.

Below is part of the statement issued by Mr Cheembe.

As SACCORD we were encouraged by the detailed and serious address by the Head of State on issues that potentially affect the peace, security, and stability of the country. We were comforted and welcomed the humane address and condemnation of those behind the gassing phenomenon and acts of the mob (in)justice as this goes against the nation’s morality and ethics. We, therefore, want to appeal to Zambians that our peace is dependent on the extent to which we observe morality and ethics by fostering and nurturing hard work, generosity, integrity, respect for human life, elders and public property. As an organization, we had become highly disturbed with the acts of citizens taking the law into their own hands by damaging public property, such as Police stations and government vehicles, most of which was targeted at state institutions which exist to protect the welfare of all citizens as prescribed by their constitutional mandate. When citizens begin to avoid using state institutions to ensure that their peace, security, and stability prevail then that becomes a source of conflict.

In line with the above, it is important that all stakeholders in the peace, democracy and governance sector of the country advocate and support all citizens of the Republic of Zambia to resolve their grievances through established institutions such as the courts of laws. Evidence has shown that when citizens avoid using state institutions to resolve their grievances often the alternative is the streets or the bush which in the African context means civil war or civil strife. This potential of civil strife or war is something that Zambia has avoided since independence by ensuring that the nation’s leaders and the citizens act with an ethic of morality and responsibility by ensuring that they do not take the law into their hands by going to the streets or the bush.

This situation has had to be cultivated and nurtured throughout our history since independence as this has been recognized to be a source of harmony, unity, and peace. Therefore, all citizens irrespective of political affiliation or status have had an ethic of responsibility of contributing towards confidence-building measures in the state institutions that are responsible for addressing matters of a conflicting nature namely, the judiciary.

To that extent, SACCORD has always encouraged and promoted the exchange of ideas through divergent views on national matters of any nature. However, this exercise of our freedom of expression and association must always be done in a manner that does not erode confidence in the state institutions as doing so becomes a source of conflict. There is no institution of governance in the country that is beyond criticism and there is no one that is denied the opportunity to engage in such criticism. The trouble arises when public engagement appears to want to erode total public confidence in the way certain state institutions function.

It is on the basis of the above that we welcome the position taken by the Law Association of Zambia (LAZ) on some of its senior members namely, Dr. Roger Chongwe, S.C. and Mr John Sangwa, S.C, over their allegedly reported position questioning the qualifications, integrity, propriety, and impartiality of the constitutional court judges. We agree with LAZ that the courts of law and judicial officers may not be immune to criticism, but this must not be used to undercut the role and authority that judges and judicial officers may have in society. As SACCORD, we support freedom of expression and association that contributes to strengthening and keeping public confidence in state institutions as this is paramount for peace.

The courts of law exist to peacefully adjudicate over conflict issues that affect the welfare of individuals and stakeholders in the nation and as such the position taken by LAZ only seeks to defend and protect the integrity of the judiciary as this is important in ensuring that citizens have trust in their state institutions and utilize them to peacefully and amicably resolve disputes. We, therefore, appeal to the LAZ to engage in dialogue with the concerned senior members so that there can be better understanding and harmony in the legal fraternity on building confidence and trust in state institutions. We further appeal for the LAZ to engage with the judiciary to bring harmony between their concerned senior members and the judiciary as an institution.

Just as we condemned and appealed to the people of Zambia to respect state institutions at the height of the gassing phenomenon and mob (in)justice, we make a similar appeal to the people of the country over matters and utterances concerning the judiciary. If as a people we allow any ounce of confidence in the citizens to evaporate over the judiciary, the ramifications may be worse than the mob instant (in)justice the nation was able to witness a few weeks ago. We must cautiously safeguard the harmony and peace that the nation has been enjoying since independence and one component of that is to ensure that every citizen builds confidence in the judiciary arm of government with the full understanding that they can criticize court judgments without resorting to destroying public confidence of the judiciary as this is a source of harmony, unity and peace for the country. It is better for our nation to invest in conflict prevention and management as this offers better prospects for nurturing and maintaining sustainable peace.

Finally, we have taken note and welcome the position taken by the President to consider setting up a Commission of Inquiry into the gassing phenomenon. We believe that this process will offer citizens an opportunity to come forward and provide information that may not have been provided since the start of this phenomenon. In order to address citizens’ expectations over such a consideration, SACCORD believes that this Commission of Inquiry should consider having an inbuilt peacebuilding process that will provide an opportunity and platform for forgiveness and reconciliation.

In other words, this Commission of Inquiry must be a citizen-driven process that will afford an opportunity for all citizens, both victims, and perpetrators, to come forward and provide their testimony. We appeal that the Terms of Reference (TORs) put in place, for this Commission of Inquiry, will act as some form of a Truth and Reconciliation Commission (TRC) that will complement the retributive justice through our court system that is currently ongoing with a restorative justice process that should be victim-centered. We, therefore, appeal to all the citizens of the Republic to take full advantage of this opportunity by coming forward to provide information or testimony.

International pressure mounts on Chief Justice Mambilima to withdraw Sangwa’s suspension

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Pressure has begun to mount on Chief Justice Ireen Mambilima to withdraw the suspension slapped on renowned Constitutional Lawyer John Sangwa.

On Friday, the Judiciary through its Acting Registrar Prince Boniface Mwiinga announced the suspension of Mr Sangwa from appearing before any court until further notice.

But the America Bar Association has charged that the suspension of Mr. Sangwa without a hearing raises serious due process and freedom of expression concerns.

The Association wrote on Twitter that Mr. Sangwa has been a strong critic of proposed Constitutional amendments and has publicly questioned qualifications of appointed judges.

It says the UN Basic Principles on Lawyers stipulates that lawyers like other citizens are entitled to freedom of expression and to take part in matters of public interest.

“International standards also provide that only in exceptional circumstances must a lawyer be immediately suspended,” it said.

And UN Special Rapporteur on the Independence of Judges and Lawyers Diego García-Sayán said he strongly condemns the blatant violations of human rights against Mr Sangwa.

“Lawyers must be independent and preserve his lawyer’s professional and intellectual independence with regard to the courts and professional colleagues.”

Meanwhile, the The Southern African Human Rights Defenders Network says it is increasingly concerned at the failure of the ZambianJudiciary under the leadership of Chief Justice Mambilima to follow due process and comply with the right to a fair trial.

The Network said news of disbarring lawyer Mr Sangwa without a hearing come as a shock.

“SAHRDN urges Chief Justice Mambilima to do the right thing and withdraw the wrongful instruction by the registrar on Sangwa which has no legal basis. Otherwise there is a danger of serious loss of confidence by the public in the judiciary which is a threat to the rule of law.”

The Network says an independent and impartial judiciary is a pre-requisite for effective protection of human rights, civic space, strengthening of democracy.

“Not the first time for the ZambianJudiciary to show intolerance to legitimate criticism. Gregory Chifire is in exile after being targeted.

Micho Issues His First Chipolopolo Report Card

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Micho has issued his first school report on Chipolopolo’s performance following his debut match in charge last Thursday.

The home-based Chipolopolo beat Malawi 1-0 in a friendly match played at Nkoloma Stadium in Lusaka via an 11th minute goal scored by Napsa Stars forward Collins Sikombe.

“We are taking the positives and negatives from this game and when we talk about the positives, I wish to express my appreciation to the players for abiding to our wishes of playing our brand of football; building from behind and appearing in the pockets of space,” Micho said.

“However, we are still very far from providing that attacking automatism in varieties from the sides to the center in space. We were also not happy with that and from set-pieces where we need to be much more dangerous.

“We know that set-pieces are chronic problems for Zambia in international football but we still have a lot of space to work on that to improve and develop.”

Meanwhile, Micho’s hopes of maintaining the momentum going deeper into March with his friendly programme could be hit due to doubts over the staging of a three-nations tournament in Uganda from March 17-19 due to the Coronavirus pandemic.

Micho ‘s official competitive debut is already on hold after the 2021 AFCON Group H doubleheader qualifiers against Botswana on March 26 in Lusaka and March 26 in Gaborone was postponed together with all group matches this month by CAF due to the outbreak.

Furthermore, the March 21 away friendly against Ethiopia has also been postponed due to the pandemic.

Prof Kalombo Mwansa dies

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Former Defense Minister Prof. Kalombo Mwansa collapsed and died this morning at his home in State Lodge area.

Prof. Mwansa served as Minister in various ministries including Foreign Affairs and Home Affairs during President Levy Mwanawasa and President Rupiah Banda MMD’s Administration.

He also acted as Republican President on several occasions.

A law graduate, he was recently conferred upon with professorship.

He also served as the Vice-Chancellor of Cavendish University Zambia (CUZ).

He was previously the Deputy Vice-Chancellor and Dean of Postgraduate Studies and Research.

He held a Bachelor of Law from The University of Zambia, a Master of Law Degree from the prestigious Harvard University in the USA, a Master of Philosophy in Criminology from UK’s Cambridge University and a Ph.D. in Criminology from the University of London.

Presidential term limits

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By Prof. Kenneth Mwenda

After much reluctance, I am somewhat compelled to respond to the call of many good friends, colleagues and well-wishers who have been asking me lend my voice to the current constitutional debate in Zambia. At the outset, I must state that I am not here to cause trouble or to take any political sides. Mine is purely an intellectual contribution.

In examining the issue of presidential term-limits in Zambia (and elsewhere), let us take a comparative and international perspective to inform the discourse more thoughtfully.

(1) Presidential term-limit in Russia:

Article 81 of the 1993 Russian Constitution provides that:

“1. The President of the Russian Federation shall be elected for six years…
2 ….
3. One and the same person may not be elected President of the Russian Federation for more than two terms running.”

Now, what does Article 81 of the Russian Constitution mean? Indeed, let us take a more reasoned look.

Under Russia’s 1993 Constitution, the President can serve for two consecutive terms. And each term runs for six years. But the said constitution does not stipulate the total number of terms that a President can serve. So, a former president can seek re-election after ‘cooling off’ for one term and then bouncing back as President. Indeed, you can keep ‘cooling off’ after every two terms and then bouncing back. Nothing stops you from doing so.

(2) Presidential term-limit in the USA:

Section 1 of the Twenty-Second (22nd) Amendment of the US Constitution provides as follows:

“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once…”

Now, what does this US constitutional provision entail? Again, let us take a more reasoned look.

The US Constitution, unlike the Russian one, does not talk about ‘more than two terms running’. Rather, it simply bars any person from being elected to the Office of President more than twice. So, in the case of the US, there are two possibilities. An individual can serve two presidential terms in the US consecutively (i.e. one running immediately after the other) or ‘cool off’ after only one term, and then run again for second term later. Yes, one can serve a single presidential term in the US, and then ‘cool off’, that is, if he or she chooses to do so, before bouncing back for one more single presidential term. Indeed, the US Constitution does not stop you from doing so. But that person cannot exceed two terms in total. The US Constitution also spells out what constitutes a presidential term in the event that an individual adopts and serves part of that term to complete his or her predecessor’s presidential term.

Indeed, the US Constitution states explicitly that ‘no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.’ Now, this is where the Zambian conundrum enters. And I want to make the analysis here very simple and easy for any layman or pedestrian to follow. Let us turn to the case of Zambia.

(3) Presidential term-limit in Zambia:

Article 106(1) of the Constitution of Zambia, as amended in 2016, provides that:

“The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect assumes office in accordance with Article 105.”

It is at this juncture that the debate enters about distinguishing the words a ‘term of office’ from ‘holding office’. Indeed, Article 106(2) and (3) of the Zambian Constitution provides that:

“(2) A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
(3) A person who has twice held office as President is not eligible for election as President.”

Against this background, can we say that ‘holding office’ and ‘term of office’ are two different things? If so, what are the legal implications? If not, what is the way forward, given that there is no appellate court above the Constitutional Court? And does the concept of ‘constructive ambiguity’ in legislative draftsmanship play a role here? Or, could it be a case of rushed legal ordering of the political economy by the legislative draftsman? What can we learn from the constitutional provisions of the US and Russian constitutions on the matter?

In Zambia, Article 106(6) of the Zambian Constitution continues:

“(6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
(a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
(b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.”

Again, do the words a ‘term of office’ and ‘holding office’ mean the same thing? Then enters the Dan Pule case before the Constitutional Court of Zambia, with various commentators seeking to find out if the constitutional nomenclature pertaining to ‘holding office’ and ‘term of office’ are synonymous or not.

Now, in the Socratic method of law school teaching, we do not spoon-feed anyone with answers. Rather, we raise issues for people to think through. So, if you are looking for answers here to affirm or disaffirm the ruling of the Constitutional Court, you are in the wrong place and on a wrong forum.

Such is not the intended purpose of this contribution. Rather, we seek to stimulate critical thought around the legal issues surrounding this debate. So, let the debate begin, with decorum and well-reasoned submissions. Indeed, emotive or partisan outbursts are not arguments at all. Thank you!

Prof. Kenneth Mwenda is a distinguished thought leader and public intellectual. He read law at Oxford as a Rhodes Scholar.

Tutwa Ngulube calls on LAZ to suspend Constitutional lawyer John Sangwa

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A Lawyer has called on the Law Association of Zambia to suspend Constitutional lawyer John Sangwa for allegedly pouring scorn on the Constitutional court judges.

Mr. Tutwa Ngulube said that the association should send a strong message on the need for lawyers and all affected parties to respect decisions of the Judges.

Mr. Ngulube’s comments come in the wake of the Judiciary’s decision to bar Mr. Sangwa from appearing before any court while his matter is being considered by the Law Association of Zambia.

He has also proposed that the government should consider stripping Mr. Sangwa of the status of State Counsel.

Mr. Ngulube’s comment follows LAZ’s decision to condemn the stance that Mr. Sangwa has taken after losing a case where he had questioned President Lungu’s eligibility for 2021.

Last week the Judiciary banned Mr. Sangwa from appearing before any court in Zambia pending determination of his case by LAZ.

Meanwhile, PF Deputy Media Director Antonio Mwanza has welcomed the decision by LAZ to condemn the utterances of Mr. Sangwa against Constitutional Court Judges.

Mr. Mwanza said that LAZ should not allow any of its members to ridicule Judges for cheap political mileage, saying that the decision of the Constitutional Court is final and is now part of the Zambian law.

The PF Leadership in North-Western Province has welcomed the decision by the Judiciary to ban Lusaka Lawyer John Sangwa from appearing before any court in Zambia.

And Provincial Chairperson Jackson Kungo said Mr. Sangwa should not be allowed to appear before the people that he is allegedly disrespecting in public.

Mr. Kungo said that it was surprising that when the Constitutional Court ruled that Ministers who remained in the office should pay back the salaries they obtained, Mr. Sangwa and his friends did not call the Judges names, and that Mr. Sangwa is a bad loser who does not want to accept that he lost a case in which the Constitutional Court ruled that President Edgar Lungu is eligible to stand in 2021.

Mr. Kungo further said that it is sad that some people who are scared of President Lungu have resorted to all sorts of tactics to distract the PF from focusing on important national issues.

And New Congress Party President Peter Chanda has commended the Judiciary for banning Lusaka Lawyer John Sangwa from appearing in court in Zambia.

Pastor Chanda said that the move is commendable because the country’s institutions must be respected and that Mr. Sangwa cannot continue disregarding the court Judgement to the extent of attacking individual judges.