The Constitutional Court of Zambia has dismissed the petition by the Law Association of Zambia (LAZ) and Chapter One Foundation running by former LAZ President Linda  Kasonde for being prematurely before the Court and lack of merit.

Judge Mulembe delivered the majority Judgment of 6 Constitutional Court Judges which tossed out the petition while Judge Munalula delivered her minority views in favour of the petition.

Judge Mulembe said the Constitutional Court has no jurisdiction to hear a matter concerning a Bill which is a proposal or an intention to amend the law, endorsing the earlier decision of the Court of Appeal in the 1972 case of Nkumbula versus the Attorney General in which the Court stated that “it would be premature to come to Court before the Bill had been given its third reading.”

Judge Mulembe made clear the Court has powers to declare any provision of the law as unconstitutional and referred to the case of Godfrey Malembeka versus Attorney General in which the Court declared Sections 9(1)(e) and 47 of the Electoral Process Act as unconstitutional, null and void thereby allowing prisoners to vote in future elections.

The Court also referred to another case of Webby Mulubusha versus Attorney-General which declared the provisions of Sections 4, 6 and 7 of the Chiefs Act were declared null and void for being inconsistent with Article 165 of the Constitution.

On the question as to whether the Court has power to declare any provision of the Constitution as unconstitutional, the Court stood by the recent judgment delivered by the full bench in the case of Godfrey Miyanda versus the Attorney General in which it stated:

“While we recognise the possibility of this [Constitutional] Court to question the constitutionality of a constitutional amendment from the procedural standpoint, under the present constitutional framework, the Court cannot determine the constitutionality of an amendment based on the substantive considerations. An amendment become of the Constitution itself upon its passing.”

The Constitutional Court has also disagreed with the submissions by Chapter One Executive Director who is also lawyer of the organisation that the Constitution of Zambia has a basic structure which cannot be altered by Parliament.

The Attorney General had submitted that the question of the basic structure doctrine was already settled by the decision of the Constitutional Court in the Godfrey Miyanda as well as the Supreme Court case of Zambia Democracy Congress versus the Attorney General in which the Supreme Court held that the argument on the basic structure only exist in theory as Parliament has power to amend any parts of the Constitution provided procedure has been followed.

The Law Association of Zambia had told the Court that it was not challenging the content of the Constitution of Zambia Amendment Bill No. 10 but was merely challenging the decision by the President to initiate the Bill in accordance with the powers conferred on him by Article 92 of the Constitution. LAZ also challenged the signing of the Bill by the Attorney General for tabling in Parliament and the decision by the Parliament to perform its legislative functions of publishing the Bill and considering its enactment.

Jae Cash released the official video for his latest single “Angel” that features Yo Maps.

The song was produced by Uptownbeats while the video was shot by Mwenya for “A Jelly Cane Films Productions.”

Jay Rox teams up with Tanzania’s music giants Rayvanny and AY on “Distance” The Remix . The record was produced by Kenz Vill Marley while the video was directed by Director Kenny.

By: Anthony Bwalya – UPND Member

On Monday, 2 December 2019, it is rumoured that a Cabinet meeting will take place at State House where it is expected that some key decisions around the future of this country will be made. But Zambians are warned against harbouring any positive expectations around this routine gathering because the purpose of it will NOT be to save or serve the country – it will be about perpetuating the long-standing appetite of the Patriotic Front (PF) to pursue acts of criminal terrorism against our country and our people so that the PF can remain in power post 2021.

I will demonstrate why and how.

But let us be very clear from the start, this is no longer a partisan issue. Our country and our collective national interest and values are under eminent attack by a party in government that has gone rogue.

The Patriotic Front (PF) have evolved into a terrorist organization, actively employing and deploying all tools of terrorism for the furtherance and pursuit of their political interests.

Terrorism is the unlawful use of violence and intimidation, especially against civilians, in pursuit of political aims.

And by every standard definition, an organization that engages in the planning, preparing, assisting, fostering and execution of a terrorist act is a terrorist organization, and by default those who actively associate and support such an organization are terrorists.

Now, the PF reign of terror against an independent state – Zambia and it’s people exists across Two (2) levels. There exists under and by the PF regime and it’s operatives Criminal Terrorism. This is because the PF’s political establishment is known to have, and continues, to actively promote, aid and shield crime and the criminality that underpins it, for profit of the PF as an institution, as well as for those government officials and private citizens associated with the PF.

From the latest Financial Intelligence Centre report, we know that the PF have been receiving tens of millions of Kwachas (and dollars) in exchange for the irregular award of public contracts. It is the PF that received K10 million in exchange for public contracts. We also know that close to K5 billion was taken in pure corruption by government officials aligned to the PF, working with private profit seeking actors.

We also know about how $42 million of public money was fraudulently applied to the procurement of Fire Tenders, a transaction that has almost resulted in the hacking to death of an opposition political party leader.

The failure by the Ministry of Lands and Natural Resources to account for close to $100 million in Mukula revenue involving China, is a not a plot by a single individual to divert state revenue away from the public, but a carefully choreographed scheme at party level to a use public offices to divert resources towards the party in power and it’s operatives – both in government, as well as those in private business circles.

It is no wonder accountability involving state resources is thin under and the PF.

The second level of terrorist agenda being driven by the PF is Political Terrorism. This is where the PF and it’s militant membership are peddling the active use of planned violence and intimidation to not only scar their opponents physically but also where the PF seem necessary, take the lives of their political opponents.

There exists a well documented catalogue of criminal violence perpetrated by PF operatives against members of the opposition political parties and it’s leadership, with no successful prosecution of identified offenders ever recorded.

And because of the functional institutional monopoly enjoyed by the PF, they have actively sort to undermine critical governance institutions such as the Anti Corruption Commission, the Financial Intelligence Center, the Judiciary, the Police; with documented reports of meddling, bribery and extortion all being employed to ensure that these institutions only serve the quest for the PF to remain in power.

Zambia has reached a tipping point, economically, socially and politically; and we cannot and we cannot wait any longer as a matter of granting a PF political organization that has clearly gone rogue and is on a warpath with not only itself, but our country and it’s people.

Citizens must be prepared to defend the integrity of our nationahood and refuse to let the blood and sweat of our foreparents flow in vain.

The author is a member of the Opposition United Party for National Development (UPND) in Zambia 

Speaker of the National Assembly Patrick Matibini has bemoaned a growing trend by members of parliament to use offensive and insulting language in the House.

Dr. Matibini says this is a matter of grave concern because such conduct lowers the integrity and dignity of the House.

He has since urged members of parliament to take the caution seriously stating that he would in future not hesitate to impose severe punishment on any member found using insulting language on the floor of the House.

The Speaker of the National Assembly said this when he made a ruling on the complaint by Kanchibiya Member of Parliament Martin Malama against Monze Central Member of Parliament Jack Mwiimbu for using insulting language against him on the floor of the house

In admonishing Mr. Mwiimbu, the Speaker said his conduct was shocking as he was a senior member of the house as well as a long-standing member of the Committee on Privileges, Absences and Support Services, the Committee charged with the responsibility of en
orcing discipline in the House.

Dr. Matibini also ordered Mr. Mwiimbu to render an apology to the House.

U.S. Ambassador to Zambia Daniel Foote says he is personally horrified with the sentencing of two men, who had a consensual relationship, to 15 years imprisonment for “crimes against the order of nature.

In a statement, Ambassador Foote says government officials can steal millions of public dollars without prosecution while political cadres can beat innocent citizens for expressing their opinions with no consequences.

He said poachers can kill numerous elephants, and sell their tusks, and face a maximum of only five years imprisonment in Zambia.

And the American Envoy says such decisions like the oppressive sentencing, do untold damage to Zambia’s international reputation by demonstrating that human rights in Zambia are not a universal guarantee.

He said such sentences perpetuate persecution against disenfranchised groups and minorities, such as people from other tribes or political affiliations, albinos, the disabled, lesbians, gays, bisexuals, transgender and anyone who is deemed “different.”