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Zambia is food secure, says the Food Reserve Agency

The Food Reserve Agency (FRA) says Zambia is food secure. FRA Executive Director Chola Kafwabulula says the country has had approximately 60 thousand metric tonnes of maize before the maize purchasing season that began on June 29, 2020.

Mr. Kafwabulula has also told ZNBC news in Lusaka that government will in the next few days release another one billion Kwacha for the current maize purchasing season.

Two point two billion kwacha has been budgeted for maize purchase this season.

Government has already released one billion Kwacha for the exercise, resulting into prompt payment of farmers.

Mr. Kafwabulula says farmers who supplied maize to the FRA few days ago have already received their payments.

Meanwhile the Zambia National Farmers Union -ZNFU has praised the FRA following its decision to pay maize suppliers promptly.

ZNFU Spokesperson Calvin Kaleyi says the move will empower farmers with capital for the next production activities.

And Lusaka’s Twikatane Farm Products Managing Director Rudolf Faerber has also welcomed the decision by FRA to effect prompt payments to maize suppliers.

Disrespecting the President in UPND Strongholds:PF warns of same treatment to UPND Leaders

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By Alex Simuwelu

Our people in PF strongholds have followed very closely how three (3) Monze based UPND Members of Parliament led by Mr. Jack Mwimbu and their Ward Councillors disrespected the President of the Republic of Zambia, His Excellency President Edgar Chagwa Lungu by refusing to meet him on his recent visit to Southern Province.

We have also noted that UPND in the area went out of their way to try and frustrate the Government’s development agenda for Southern Province when Mwiimbu and company engaged in disrespectful inflammatory talk and a general rubble rousing.

We wish to courteously advise UPND and its leader Mr. Hichilema that they should expect to reap a bumper harvest from PF strongholds of the inflammatory seed they sowed in Monze. They should expect to receive a taste of their own medicine – with an extra dosage.

DOES OCIDA AND OTHER RELATED CIVIL SOCIETY ORGANISATIONS APPROVE OF MONZE BASED UPND MP’S AND COUNCILLORS DISRESPECTING THE PRESIDENT?

We are also keen to know what the newly formed “Civil Society Organisation” OCIDA has to say about UPND MP’s and Councillors disrespectful attitude towards the Head of State. Does their silence on the matter mean approval?

What do senior citizens Mama Lily Monze, Ompie Nkumbula-Liebenthal, have to say about Monze based MP’s mobilizing cadres and disrespecting the Head of State?

Is this kind of behaviour approved of by former Secretaries to the Cabinet Sketchley Sacchika and Leslie Mbula?

Does Archbishop Emeritus Telesphore Mpundu endorse such waywardness? Perhaps he will look the other way and try to put a spin to it?

What about TIZ, Action Aid and related Civil Society organisations?

Is disrespect of the institution of the Presidency “activism”
Their silence is deafening.

Perhaps they will they only suddenly find their voices when we return UPND the favour in our strongholds?

RELATED RECENT INCIDENT OF SIAVONGA UPND OFFICIAL CAPTURED ON VIDEO INCITING VIOLENCE

In a related development, our people in PF strongholds have watched with disappointment a viral video of a Siavonga UPND official who was filmed inciting people to beat public officers (including police officers) that will be conducting National Registration Card (NRC) mobile registration in the area.
Again why have OCIDA and other related “Civil Society” organisations have been mute on this matter?

I want to emphasize that PF strongholds are solidly behind His Excellency President Edgar Chagwa Lungu; we will photocopy the Monze formula and energetically use it against their retrogressive Opposition leader Hakainde Hichilema.

The people and grassroots in Patriotic Front Strongholds are solidly behind the Government of His Excellency President Edgar Chagwa Lungu and his candidature for 2021.

The people and grassroots in Patriotic Front Strongholds are against the backward retrogressive Monze formula of Jack Mwimbu, Hakainde Hichilema and his regional party.

Let them come; they will enthusiastically be served with a taste of their own medicine.

The Author is the Provincial Chairman Patriotic Front Muchinga Province and a Member of the Central Committee

UPND MPs are violating the powers and privileges act of parliament by walking out of the house

Former UPND Security Adviser Benjamin Kasabi Chipango says UPND Members of Parliament are violating the powers and privileges act of parliament by walking out of the house instead of debating issues and duly represent their constituencies.

Mr Chipango who served under the UPND as an MP for two terms,was district governor as well as member of the central committee says UPND MPs have now become dictators because their decisions are not in consultation with the people they represent in their various constituencies.

He notes that MPs should not be ruled or dictated to by their party leadership but should represent the peoples views in parliament by debating important issues without any due influence.

Mr Chipango defected yesterday and was recieved together with over 850 other members in Kabompo district in North Western Province by the PF deputy Secretary General Madam Mumbi Phiri.

Mr Chipango cited lack of unity, patriotism,love and integrity as his reason for leaving the party saying there is too much dictatorship.

“A Member of parliament is not supposed to be ruled by the party up to the desk of the speaker” he said adding that MPs should instead table the views of those they represent as opposed to walking out but regretted that MPs are doing things as dictators without consulting people who put them into office.

Mr Chipango said MPs should exercise free and mandatory democratic right and should not go against the spirit of unity,independence and integrity

President Edgar Lungu’s announcement that Government will soon start constructing houses for teachers welcomed

The National Action for Quality Education (NAQEZ) has welcomed the announcement by President Edgar Lungu, that Government will soon start constructing houses for teachers.

In a statement NAQEZ executive director Aaron Chansa said the announcement is good news and has come at a time when teachers are going through very hard times in terms of pathetic accommodation, static salaries,no salary scale upgrades, poor infrastructure and a very demotivating promotion system.

He said this scenario is an assault on efforts for quality education delivery in schools.

“Previously, NAQEZ was at pains as to why Government was only building beautiful houses for defense forces without considering those who produce everyone, the teachers.We are happy that this unfair practice will be history,if this plan will indeed be actualized,” Mr.Chansa said.

Mr. Chansa said today many teachers, especially in rural areas,stay in grass thatched houses adding that this is bad and cannot continue to be the norm as a country.

“As we thank our President for this exciting development,we plead with the Presidential aide for projects implementation to closely work with the Ministry of General Education in order for this initiative to quickly take off. As an organization,we shall take alot of interest in this matter so that teachers in the country can benefit,”said Mr.Chansa.

Kamanga Speaks on Looming FIFA Ban

FAZ president Andrew Kamanga says the onus is on those that took Football House to the courts of law for the looming FIFA ban to be avoided.

FIFA has in a letter dated June 30,advised all parties to ensure the injunction that halted the FAZ elections be withdrawn from courts.

A non FAZ councillor Damiano Mutale filed an injunction halting the provincial FAZ elections after questioning the processes’ legality that had been completed in six out of the ten province and would have culminated in the FAZ presidential elections on March 30.

“”We have 10 days to normalise and be compliant. In the last 3 and half months we have been in breach of FIFA statutes by having these matters in court. If we don’t have this case out of court in the next 10 days we are going to be sanctioned so hopefully we won’t get past the 10 days and normalise then we can have elections,” Kamanga said.

The situation has just three working days after the Heroes and Unity Holiday to be normalised when business resumes on July 7.

“It’s not for me to be confident. We have rules that govern football we just been reminded that if not normalised we shall get FIFA ban. Unfortunately if that happens its everyone that’s going to suffer so you should be asking those that have taken FAZ to court they only have six days,” Kamanga said.

National Indaba on street kids inevitable

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Part 1

This country started experiencing a surge in the influx of street kids early 1990s just after the Movement for Multiparty Democracy (MMD) dislodged the post-independence ruling party, United National Independence Party (UNIP) from power in a scintillating battle that would leave the founding father of the nation Dr. Kenneth D. Kaunda stunned!

Following mounting pressure from the Bretton Woods institutions, former trade unionist turned politician Frederick Chiluba would embark on an ambitious structural adjustment programme (SAP) to resuscitate the ailing economy. This would see a number of state owned enterprises and the mines switch to private hands whilst those with a less impressive balance sheet simply folded up.

As predicted by skeptics; things would somehow go haywire! A good number of people in the city lost employment in the process, dispatching many of them to the grave prematurely, due to depression. Robbed of sole bread winners in the family, many households in urban set ups would be struck with severe hunger and poverty. In the fullness of time, children from such dwellings would start flocking to central business districts for survival.

As a stroke of misfortune would have it though, a new pandemic would equally be wreaking havoc in communities. As scientists and researchers raced against time to find a cure, many more people of productive age would succumb to HIV/AIDS leaving scores of children behind as double or single orphans.

Faced with uncertainty as to whence their next meal would come from, a second wave of street kids would hit the streets! Hundreds of these fatherless kids stormed the streets and positioned themselves in strategic places where some good Samaritans would feel pity and splurge some loose coins on them.

In what may be perceived as ambivalence about what to do with the army of children teeming up on the streets or simply lack of a master plan to unravel the conundrum, the Chiluba administration watched from the terraces as the figures blossomed!

A flicker of hope would only be ignited once Chiluba reluctantly passes on the baton to Levy Mwanawasa after a botched third term attempt. Mwanawasa would immediately introduce a robust street kids’ rehabilitation programme under the auspices of the Zambia National Service (ZNS). But lo and behold……he would pass on before the initiative could even take root and start bearing fruits.

Part 2

When Mwanawasa’s vice president Rupiah Bwezani Banda finally takes over as President after fending-off stiff competition from Hakainde Hichilema of opposition United Party for National Development (UPND), many street kids’ practitioners like the writer have hope the new President would continue on the trajectory of rehabilitating street kids and probably inject some improvements in the programme; particularly the manner ZNS officers treated the street kids.

Upon receiving disturbing reports that some kids were running away from ZNS due to abuse and ill-treatment at the hands of instructors, (flogged out bed at 5 AM to go jogging, being screamed at incessantly and severely punished etc.) we wrote President Banda proposing that government should consider calling for a national indaba on street kids. It was envisaged that the indaba would come up with a coherent policy on street kids to provide answers to the question of street kids once and for all. But to our utter shock and dismay, we got an absolutely outlandish response from the Ministry of social welfare and development.

“Thank you very much for your proposal for government to call for a national indaba on street kids. If your organization is in a position to sponsor the same, we are more than happy to collaborate with you,” the letter read in part.

We didn’t know what to make of the letter. Anyway…..this was hardly surprising coming from the administration of a leader who was always being bashed and lampooned in the media for his penchant for globetrotting while the economy was slipping in comatose, earning himself the moniker “Vasco Da Banda!”

To date, the plight of street kids remains unchanged if not worse! Recently, those in government panicked when young people took to social media complaining about rampant corruption in government, lack of employment opportunities and the shrinking democracy, among others.

We wish to remind those in authority that street kids actually pose a far greater risk to national stability than those youth activists, combined. What we are sitting on is a volcano! As street kids continue enduring pain and suffering on the streets while society looks the other way, they are gradually getting embittered and tempered, systematically. And as age starts catching up with them, they’d surely start organizing themselves into gangs……this is when the volcano is going to erupt! And when this happens, they’re going to reign terror never witnessed before in the nation as they go on rampage unleashing a spate of a myriad of violent crimes.

On the Copperbelt we had or still have remnants of gangs such as Tokotas, Mbwambwambwas, Sons of the devil, Malinsos, where do you think members of such groups came from? What about those that constantly harass the traveling public at intercity bus terminals what does their conduct and behaviour speak of?

Would we rather fold our arms and wait for things to completely spiral out of control?

We’re privy to the fact that government can’t address the problem of street kids alone. We would therefore like to reiterate our appeal to government to consider calling for a national indaba on street kids. This should of course be preceded by district indabas that would finally culminate into a national one.

Part 3

The following is a suggestion of would be participants coupled with the respective roles and responsibilities, moving forward: the church, donor community, Zambia National Service, Zambia Police, Ministry of Education, Ministry of Justice, Ministry of Community Development, the media fraternity, senior citizens, corporate world, civil society and all the registered political parties.

The church

In Biblical times, a man who was lame from birth was being taken to the temple gate called Beautiful, where he was laid every day to ask for alms from those going into the temple courts (Acts 3:2). The church must be encouraged to consider ‘opening their doors’ to potential street kids in the community. Once they start conducting literacy lessons and providing snacks to potential street kids in their vicinity, they may resist the temptation of walking to town to ask for alms. We have several churches in our communities, imagine the impact this would have in addressing the problem of street kids.

Senior citizens

Long ago, we used to have a stronger family extended system, but nowadays it’s one couple for their immediate family, and God for the rest of the family. Senior citizens must lead the way in helping the nation reclaim its rich traditional values and culture.

Zambia National Service (ZNS)

In the past street kids have been taken to ZNS training facilities for rehabilitation although many of them have ended up running away due to the ‘military way’ of handling them. If ZNS is to continue being involved in the rehabilitation of street kids, the approach has to be adjusted to a more humane way.

Ministry of education

Some children have ended up on the streets after dropping-out of schools, colleges or universities due to failure to meet certain requirements. Learning institutions must come up with a deliberate policy to allocate a certain percentage of enrolments to orphans and vulnerable children.

Corporate sector

Most of the few street kids that have undergone training have been denied employment due to stigma or lack of work experience. It’s high time we started engaging the corporate world to offer the street kids apprenticeship or even employment.

Media

It’s understandable that newspapers have to carry sensational headlines mainly of political nature to sale their newspapers but wait a minute………the media also has inalienable duty to educate and inform the nation about the plight of street kids, accurately without fear or favour.

Opposition political parties

A party in power may not have all the solutions to the problem of street kids; opposition political parties may be sitting on those answers. It may be wise to offer them a platform to demonstrate their ideas. Who knows, UNIP may just have the solutions that have eluded us thus far.

Ministry of community development & social welfare

Most countries are discarding the ‘institutionalized’ way of looking after orphans and vulnerable children and gravitating towards foster care. Children are better off in a family set up. The department of social welfare must therefore initiate a campaign to encourage those with the capacity to consider foster care. We don’t have to be a country in the western world to consider this programme, this has successfully been implemented in South Africa and it’s being practiced in a small country such as Lesotho.

Ministry of Home Affairs

Whenever street kids commit misdemeanors, police have a tendency to detain them in the same cells as hardcore criminals. This way, can they easily get indoctrinated and look forward to joining bandits once they are released from custody. Special cells ought to be created to cater for young offenders.

Equally, those that are handed custodial sentences by the courts mustn’t be mixed with other convicts as they are likely to come under negative influence and graduate into hardcore criminals themselves.

Ministry of Justice

Those tasked with the responsibility of dispensing justice in our country shouldn’t just be quick to send street kids to jail whenever they are brought before them. There may be a history of extenuating factors that forced them to commit such crimes. Judges should therefore be expected to exercise utmost lenience and tolerance.

NGOs

A number of non-governmental organizations across the nation have been running homes and orphanages for ages. The nation deserves to hear their stories – what have been their successes and failures? What challenges have they faced along the way? How could things may have been done better?

Donor community

Lusaka based NGOs are able to easily access funding from donors for street kids related porgrammes due to easy accessibility. Street kids are not found in Lusaka alone! They are likely to be found in all of our major cities and towns. Donors should therefore be encouraged to start taking a keen interest in projects outside the capital city.

By Prince B.M. Kaping’a

Street kids advocate

China will consider cancelling interests on Zambia’s debt, says Chinese Ambassador

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Chinese Ambassador to Zambia Li Jie says China will consider cancelling interests on Zambia’s debt to that country that was supposed to mature by the end of 2020.

Mr. Li says China will also extend the debt repayment period for Zambia.

He says this is to allow Zambia recover from the current economic challenges which have been caused by the Covid 19 pandemic.

Mr. LI said this when President Edgar Lungu commissioned houses for Police offices in Mazabuka.

He also said Zambia will be one of the first Countries to benefit from the Covid-19 vaccine once it is found by China.

And speaking at the same function President Lungu urged youths and the people of Southern Province to uphold peace.

President Lungu said people should not listen to those who are asking them to engage in acts of violence.

He said those involved will face the full wrath of the law as their actions will also deter development in the area.

The Head of State said police officers will remain vigilant and deal with troublemakers.

Meanwhile, Hundreds of Mazabuka residents thronged the streets to catch a glimpse of President Lungu.

The residents cheered the head of state motorcade as it passed through the central business district to go where he was launching the housing project for police officers.

And Home Affairs Minister Stephen Kampyongo said officers who maintain law and order deserve to be motivated.

Venture into business in order to secure a bright future, Former Finance Minister Tells Youths

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Lusaka Central Member of Parliament Hon Margaret Mwanakatwe has encouraged youths in her constituency to venture into business in order to secure a bright future.

Hon Mwanakatwe says a lot of people are entering into business because they have seen the value of doing business rather than depending on white color jobs.

The Lawmaker said this when she met youths at Church of God, at a meeting organized by four churches from Bauleni.

About two hundred youths attended the meeting and engaged their MP on issues affecting them.

Pastor Mzyeche Kalombola from Central African Christian Church made a presentation on behalf of the youths that they want empowerment in sectors such as agriculture, transport, aquaculture and block making.

Hon Mwanakatwe promised to deliver these empowerments to the youths in Bauleni very soon.

“Are these the things I can fail to deliver to you? I will give you what you have requested me and very soon, and I repeat, very soon you will see these things delivered to you. Yesterday I was empowering women from State House area with chickens and feed, what can stop me from empowering you the energetic youths,” she stated.

“Let me encourage all of you gathered here that let’s try to do business. There is money in aquaculture, agriculture, livestock farming, the list is endless. All I can assure you is that I will be here to support you youths. All we need to do is to meet like this and discuss the way forward. So I promise to continue engaging you as we develop Bauleni together.”

Hon Mwanakatwe challenged the youths to be innovative and work hard for them to make it in life.

And Kalumbila Multipurpose Cooperative Society LTD Chairman General Kennedy Chilekwa Mambwe, who was backed by his Chief Executive Officer Collins Mthwalo Zulu, said the cooperative has a total of 24 mines and twelve farms specifically for youths.

He encouraged the youths to be innovative and work hard in order to partner with fellow youths in creating wealth.

Margaret Mwanakatwe addressing the Youths at the Youth Events in Her Constituency
Margaret Mwanakatwe addressing the Youths at the Youth Events in Her Constituency
Margaret Mwanakatwe addressing the Youths at the Youth Events in Her Constituency
Margaret Mwanakatwe addressing the Youths at the Youth Events in Her Constituency

Some of the Youths that Attended the Event
Some of the Youths that Attended the Event

Chilubi Town Council Commissions a 16 sitter boat worth K1.2 Million to easy transport problems

Chilubi Town Council has commissioned a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.

Speaking during the commissioning event at muchinshi Harbor, Chilubi District Commissioner Gilbert Mwila, who was the guest of honor, said the coming of this boat will cushion the challenges of water transport on the island.

He therefore appealed to the planning unit to quickly expedite the process of marking the land owned by the council, that is available for the construction of a proper modern harbor, which is one of the projects trallard is working on to ensure the safety of the boats.

And speaking during the same event Chilubi Council Chairperson Daniel Mwila stated that the boat is not to be accessed by only selected individuals but the entire Chilubi populace, and hence it should be taken care of and guarded jealously.

He added that with the boat in place they hope to see a decrease in the number of emergency cases to attend to due to limited and insufficient transportation.

And Chilubi Town Council Secretary Thinkwell Mwaba said with the coming of the boat they should be an improvement with the quality of work owing to time inspection and
supervision of projects in council, as they strive to provide the much needed services to the residents of chilubi.

He further disclosed the source of funding as the equalization fund that is sent to councils from central government.

Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.
The Commissioned 16 sitter boat worth K1.2 Million by Chilubi Town Council
Chilubi Town Council commissioning a 16 sitter boat worth K1.2 Million to lessen challenges of water transport on the island.

Ministry of Agriculture Commended for ensuring the importation of fertilizer is not disrupted

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Deputy Secretary to the Cabinet for Administration Patrick Kangwa has commended the Ministry of Agriculture for ensuring the importation of fertilizer under the Farmer Input Support Programme (FISP) is not disrupted by Covid-19 outbreak.

Mr. Kangwa says disruption of fertilizer import could have caused a crisis in food production, which would have resulted in a disaster with regards to national food security.

He was speaking when he visited Neria’s Investments Fertilizer Storage sheds in Chipata.

And Agriculture Permanent Secretary Songowayo Zyambo said over 90 percent of fertilizer under the Farmer Input Support Programme -FISP- has already been imported into the country.

Mr. Zyambo assured farmers that the country is secure in terms of inputs for the next farming season.

And Neria’s Investments Limited Chipata Depot Manager Gilbert Malumo said the company has already positioned 98 percent of fertilizer in Eastern Province.

GBM calls for PF Mobilisation in Central Province

Patriotic Front (PF) Vice National Chairperson for Mobilisation Geoffrey Mwamba has called on party members in Central Province to supplement the efforts of district structures by mobilizing the party in the region.

Speaking when he met Central Province Mobilisation Committee members in Katuba today, Mr. Mwamba said the key role of committees is to mobilize the party in all provinces to ensure PF wins elections in 2021.

He advised members of the party to avoid infighting adding that they should aim ensuring the party emerges victorious in 2021.

And Central Province Mobilisation Coordinator Andrew Sinyangwe said COVID -19 had disturbed the Mobilisation because of the guidelines set out by the Ministry of Health.

Mr. Sinyangwe noted that the programme for mobilisation will now continue while following the laid down guidelines.

Electoral Commission of Zambia will not extend the 30-day Voter Registration

The Electoral Commission of Zambia (ECZ) says it will not extend the 30-day voters registration exercise timeframe.

ECZ Chief Executive Officer Patrick Nshindano says this is because everything must be prepared and set towards the date that has already been enshrined in the Constitution for the 2021 General Elections in August.

Mr. Nshindano says the commission is currently undertaking training and setting up equipment that will capture the targeted NINE Million people.

Speaking to ZNBC News in Lusaka, Mr. Nshindano urged Zambian Citizens to turn up in numbers and register as voters.

Mr. Nshindano has urged various stakeholders to engage citizens on the importance of voting.

Today’s Message:He Goes before You

Today’s Scripture

“…The LORD your God, who is going before you, will fight for you, as he did for you in Egypt, before your very eyes…”
(Deuteronomy 1:30, NIV)

He Goes before You

The Israelites had been freed from slavery and were on their way to the Promised Land. They had all kinds of enemy nations surrounding them and no military equipment or training. Now they were out in the heat of the desert without water and food sources. They felt overwhelmed, outnumbered, and inadequate. In the natural, they didn’t have a chance. But God spoke today’s Scripture to them. They had seen God part the Red Sea and destroy Pharaoh and his army.

You may feel that the odds are against you. But God is saying to you what He said to them, “I’m going before you, and I’m fighting for you.” Whatever is trying to stop you is no match for our God. One touch of His favor and He’ll turn that Red Sea into dry ground. You’re not going to have to struggle and fight. It may look intimidating, like it’s never going to change, but don’t worry. God is going to do something extraordinary.

A Prayer for Today

Father, thank You that You are the Almighty God who goes before me and fights for me. Thank You for all the great things You have done for me and for all the extraordinary victories that You are about to bring me through. I believe that this is a new day of Your favor. In Jesus’ Name, Amen.

PF not buying, UPND has lost grip in Western and North Western provinces-Mumbi Phiri

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Patriotic Front deputy Secretary General Mumbi Phiri says opposition UPND should acknowledge that it has lost popularity in Western and North Western provinces.

And Ms. Phiri has denied accusations that UPND members including councillors are being bought to join the PF.

Speaking when she received over 850 defectors in Kabompo district in North Western province, Ms Phiri said no single individual has been bought to join the PF as she beamoned the growing tendency by UPND members of parliament to refuse partnering with government to foster development in their respective constituencies.

She said it is regrettable that no tangible development has been done in UPND perceived strongholds despite controlling majority of councils.

“Those of you who listened to the radio on Wednesday am sure you heard UPND leader Hakainde Hichilema telling the people of Chama that president Edgar Lungu is in Southern Province taking development where people did not vote for him but is was you the people from Chama who voted for him.Do you want the President not to bring development here just because you did not vote him?” Hon Phiri questioned and urged Kabompo residents to ignore such narratives which do not promote inclusive development.

Ms. Phiri recalled how the Kafue Mayor was reprimanded by the UPND leadership leading to his resignation for merely accepting an invitation to partner with government on developmental issues.

She further cited the walking out of parliament by opposition MPs instead of debating the Bill which seeks to promote mixed member representation, women empowerment among others as being retrogressive and equally condemned the misinformation being peddled on Bill 10 as it was done on the referendum which would have strengthened the bill of rights had it been supported.

Ms. Phiri however urged defectors to scrutinize their leaders concerning important national development matters and endeavour to work and contribute to the growth of the party at various levels without feeling inferior.

“Those of you who have joined today are just the same as the old members and you should feel free to work at any level in the party be it at the ward, district or constituency levels” she said and encouraged them to organize themselves in various cooperatives and take advantage of the empowerment programs for women and youth in areas such as fish farming, agriculture, livestock among others.

Mumbi Phiri  receiving over 850 defectors in Kabompo district
Mumbi Phiri receiving over 850 defectors in Kabompo district
Mumbi Phiri  receiving over 850 defectors in Kabompo district
Mumbi Phiri receiving over 850 defectors in Kabompo district

Can Judicial Review or Petition halt consideration of Bill 10 by Parliament?

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By Isaac Mwanza

Introduction

When the former Minister of Commerce Mr. Dipak Patel dragged the Government to court in relation to parliamentary oversight on debt contraction as provided in Article 63 of the Constitution of Zambia, a point of order was raised as to why Parliament should continue to debate Bill 10 which proposes alteration to the said article. The Speaker of the National Assembly ruled that the National Assembly will proceed with its debate on the Constitution of Zambia (Amendment) Bill 2019, NAB No. 10 despite the litigation which is before the court. The one question from the public is whether a judicial review or a petition before the courts can stop Parliament from tabling or debating the Bill.

Judicial Review and Parliamentary Process

From the outset, it must be noted that apart from Mr. Dipak Patel, Paramount Chiefs have sued the Government in relation to the payment of subsidies as per Article 165. Livingstone based magistrate, Benjamin Mwelwa, has also challenged adherence of political parties to Article 60 of the Constitution. Finally, this author has also dragged the Electoral Commission of Zambia to court in relation to rescinding of resignation by councillors, as per article 157 and 158. All these articles mentioned in these pending cases are subject to alteration by Bill 10. Interestingly, no one has asked the Speaker to stop debate of Bill 10 because these citizens petitioned the Court.

Zambia has a developed jurisprudence on the use of judicial review against decisions taken by Parliament. Any competent lawyer is aware of the landmark decision of the Supreme Court of Zambia in the case of Zambia Democratic Congress (ZADECO) v. Attorney General delivered on 11th November, 1999 and 13th January, 2000, which is binding on both the High Court and Court of Appeals. This article is meant to discuss this case and allow the readers to discern the parallels from it.

In brief, ZADECO had on April 26, 1996 obtained leave to apply for judicial review, asking the High Court to quash the decision by the President and his Cabinet to amend the present 1991 Constitution in the manner suggested in the Constitution of Zambia (Amendment) Bill No. 17 of 1996 (I will refer to this Bill as Bill 17) which was published in the Government Gazette as required by Article 79(2)(a) on February 23, 1996. In the alternative, ZADECO sought an order to prohibit, among others, the National Assembly from proceeding with the consideration, discussion, debate or the enactment of the said Bill into law. ZADECO also made a request that leaves granted should operate as a stay of proceedings.

In determining these matters, the High Court judge in the application for leave to apply for judicial review observed that the application was impeaching the right and authority of the National Assembly to carry out its legislative duties by way of debate on the proposed amendments to the Constitution of Zambia 1996. The High Court judge thus categorically stated that such reliefs as sought by ZADECO, to stop parliament from debating a bill before the House, could not be granted; “this is untenable in this jurisdiction,” said the High Court. The application was thus refused.

ZADECO appealed to the Supreme Court against the High Court’s refusal to halt consideration, debate or any other proceedings on Bill 17. The Supreme Court deliberated the appeal to determine whether the procedure of judicial review adopted was correct and whether there was a clear and sustainable cause of action at law as opposed to morality and politics which, as the learned trial judge observed, is not the court’s domain.

Firstly, the Supreme Court was shocked that the High Court, while correctly noting that it was untenable to impeach the National Assembly from going ahead with debate on the proposed legislation, the High Court Judge, nevertheless, went ahead to hear the application for judicial review in circumstances which he rightly held to be untenable.

The Supreme Court observed that the use of judicial review to stop parliamentary proceedings was untenable “because Order 53/14/19 of the 1999 edition of the White Book does not suggest that the remedy of judicial review is concerned with reviewing the legislative process or Acts of Parliament.” The Supreme Court observed that the Order itself (53/14/19) sets out the nature and scope of judicial review in the following terms-

“The remedy of judicial review is concerned with reviewing not the merits of the decision in respect of which the application for judicial review is made, but the decision-making process itself”. “It is important to remember in every case that the purpose… [it] is no part of that purpose to substitute the opinion of the judiciary or of individual judges for that of the authority constituted by law to decide the matters in question”…

The Supreme Court has, in several cases, affirmed the position that the purpose of Judicial Review is not to provide an appeal procedure against decisions of public bodies, such as the Minister, on their merits, but rather to control the jurisdiction of public bodies by ensuring that they comply with their duties or by keeping them within the limits of their powers.

The Supreme Court went further to pronounce itself, that the legislative process cannot be arrested by commencing proceedings for judicial review.

As observed by the highest court of the land, on grounds of procedure alone, the application for judicial review as a way to halt consideration of the then Bill 17 was misconceived and ought to have failed ab initio.

The Supreme Court settled the outcome of the ZADECO appeal by referring to its earlier decision in Derrick Chitala v. Attorney-General (SCZ Judgment No. 14 of 1995) in which the court explained the general proposition in judicial review as lying against inferior courts and tribunals and against any persons or bodies which perform public duties or functions. The Court thus guided:

“The Constitution of Zambia itself gives Parliament power to make laws. By no stretch of any imagination can our Parliament be equated as an inferior tribunal or body when it is exercising its legislative powers although in appropriate cases, actions, but not by judicial review, can be commenced against it…”

Without doubt, it is settled law that the High Court of Zambia has Constitutional Jurisdiction to hear applications for judicial review in matters involving parliament as held in the case of Attorney General v. Speaker of the National Assembly and Dr. Ludwig Sondashi (SCZ Judgement No. 6 of 2003). Zambia’s jurisprudence also allows parliamentary Hansards to be brought into the record of the court for consideration when necessary and relevant to the matter in issue.

Readers may wish to know that when the High Court grants leave to commence judicial review in matters involving parliament, it does so with the full understanding of the purpose of judicial review as espoused by the Supreme Court in the case of Fredrick Jacob Titus Chiluba v. Attorney General (2003) Z.R. 153. The High Court does thus seek to have many questions answered, the key of which are:

  1. Was the applicant for judicial review given fair treatment by the authority to which he has been subjected?
  2. Is the applicant asking the Court to substitute the opinion of the judiciary or of individual judges for that of the authority constituted by law to decide the matters in question?
  3. Is the application an appeal from the body concerned or does the applicant want the court to interfere in any way with the exercise of any power or discretion which has been conferred on that body?
  4. Did the authority have the jurisdiction to make the decision it made or exercised, in a way which is not within that body’s jurisdiction or was the decision reasonable?

Conclusion

In Zambia, the law was settled law by the Supreme Court, to the effect that the legislative process cannot be arrested or halted by commencing proceedings for judicial review as determined in the ZADECO case. In 1996, consideration of Bill 17 was not halted by the application or hearing of the application for Judicial Review. In 1996, the Speaker of the National Assembly proceeded to allow the House to debate and enact amendments to the Constitution while the High Court was hearing an application for judicial review, and also while the Supreme Court was hearing the appeal.

This article has also demonstrated that Parliament is amenable to having its decisions and actions, reviewed by the High Court, but that this process is not concerned with the merits of the decision in respect of which the application for Judicial Review is made. Rather, it is concerned only with the decision-making process itself. The purpose of Judicial Review is to ensure that an individual is given fair treatment by the authority to which he has been subjected, but that it is not the purpose of judicial review to substitute the opinion of the judiciary or of individual judges for that of the authority constituted by law to decide the matters in question.

The Court does not, on an application for Judicial Review, act as a “court of appeal,” from the decision of the Speaker to proceed with the legislative process, nor can the court interfere in any way with the exercise of any power or discretion by the Speaker which has been conferred on him by law, unless it has been exercised in a way which is not within Mr. Speaker’s or parliament’s jurisdiction, or if the decision is unreasonable.

This article has been authored to encourage fellow citizens to appreciate the rationale by which the Courts handle judicial review or petitions against decisions by Parliament. It does not in anyway, suggest that parliament cannot be sued; rather, this article demonstrates, as stated clearly by the Supreme Court, that the courts cannot stop or interfere with Parliament’s power or right to carry out its legislative duties as conferred upon it by the Constitution