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Zambia Conference of Catholic Bishops (ZCCB) President Rev. George Lungu
As the Church continues celebrating Lent, a season of intensified prayer, fasting and almsgiving, Zambia Conference of Catholic Bishops (ZCCB) president Rev. George Lungu has issued an announcement to all Catholic Church members in Zambia, that on 7th April the 5th Sunday of Lent or 14 April, 2019 which is Palm Sunday, to make a special appeal for financial and material donations for the victims of Cyclone Idai.
Rev. Lungu said the donated resources and all collections should be sent to the Catholic Secretariat within the Holy Week and will later be forwarded to the affected Bishops’ Conferences as part of ZCCB’s pastoral solidarity.
“May the words of the Gospel remain our inspiration: “For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me, I was naked and you clothed me, I was sick and you visited me, I was in prison and you came to me” (Mt 25: 35-36),”he said.
Cyclone Idai hit Mozambique, Zimbabwe and Malawi with reports indicating that at least 686 people were killed and about 3 million are currently displaced and some are in makeshift camps.
Many victims are left without homes, food, clean water and clothing.
The blown off roof at Solwezi General Hospital Maternity Wing
First Quantum Minerals’ Kansanshi Mining Plc will mobilise its construction division and hire local contractors to renovate and restore the Solwezi General Hospital maternity wing, whose entire roof was blown off by a heavy storm early last month.
This follows Government’s decision to formally authorise the mining company to proceed with the repair works whose total cost has been pegged at K1.1 million.
Kansanshi Mining Plc Public Relations Manager Godfrey Msiska has said in a statement that, in order to accelerate the works, the mine’s construction division will be mobilised and hire local contractors to finish the project on schedule.
He said Government, through the North-Western provincial administration had already granted authority to proceed with the works, estimated to take about six weeks and explained that minimum quality standards have been outlined, which he said was standard practise.
Mr. Msiska announced that repair works would commence as soon as the rubble had been cleared by the provincial and hospital administrations.
He said Kansanshi Mining Plc and Government’s provincial administration had been engaged in discussions and they managed to quickly assess the damage and what needed to be done to replace the entire roof.
“Bills of quantity have since been drawn up by Government surveyors and the Kansanshi construction team. The cost of replacing the roof and electrical wiring will amount to K1.1 million. This cost will be met in full by Kansanshi Mine,” Msiska confirmed.
Heaps of garbage at Kabwe Municipal Council offices dumped by protesting Council workers on Friday
Management at the Kabwe Municipal Council has charged and suspended with immediate effect 74 Council employees for allegedly having participated in the illegal three day strike action last week.
According to Council Assistant Public Relations Manager Waluka Mwaekwa, the illegal strike actions was contrary to provisions 40.4 paragraph (c, d and e) of the Conditions of Service for Division IV of 1996 as read with the Schedule of Offences and Penalties in the Local Government Service.
The workers have been charged with the offence of Riotous behavior, Acting violently and Omission which intentionally endangers the health or safety of others.
The workers in Division Four have been given two (2) days and those in Division 2 and 3 have been given seven (7) days respectively from the date of receipt of the letters to exculpate themselves and show cause why disciplinary action should not be taken against them.
And the Kabwe Municipal Council Acting Town Clerk Mr. Joel Shawa has also with immediate effect charged and suspended the Senior Health Inspector, Director of Planning, Director of engineering Director Housing and Social services and Chief Human Resource Officer for inefficiency.
This follows with the failure to carry out work and complete the set assignments to the standards without reasonable cause in respect to the Keep Zambia Clean green and healthy Campaign.
Mr. Shawa with Guidance from the Local Government Service Commission has charged the Directors with the offence of inefficiency in accordance with Paragraph 62(c) of the conditions of service for division I,II,II of 1996.
The suspension has been instituted due to the gravity of the offences committed.
“Therefore, the affected Directors and workers will be on Suspension until the disciplinary process is completed,” read the statement.
Over the weekend, President Edgar Lungu expressed disappointment that the Kabwe Municipal Council has failed to deal with huge heaps of garbage.
Earlier, aggrieved Council workers dumped garbage from refuse trucks at the entrance to the their office in protest after some PF cadres attacked them for carrying out a protest to press for their salaries.
Senior management officials were later forced to clean up the mess that was dumped by junior officers at the Council.
The Technical Education, Vocational and Entrepreneurship Training Authority (TEVETA) has sponsored 600 inmates in six correctional facilities across the country with various skills development training at a total cost of K1.2 million.
The 603 inmates sponsored are undertaking skills trainings in courses such as auto mechanics, general agriculture, carpentry, catering, bricklaying, and electrical engineering, among others.
Speaking to ZANIS in an interview in Lusaka today, TEVETA Corporate Affairs Manager, Clive Siachiyako, says the authority embarked on this programme because behaviour change and skills development for inmates is a more proactive way of helping them reform.
Mr Siachiyako has explained that detainees who develop a set of life skills and good behaviour, are likely to be recommended for an early release or parole.
He has disclosed that inmates being supported are from Mukobeko Maximum Prison in Kabwe, Chimbokaila in Lusaka, Kamfinsa and Kansenshi on the Copperbelt, Chipata Central Prison in Eastern Province, and Livingstone Correctional Services in Southern Province.
He also notes that some prisons such as Chimbokaila have created an open learning policy for their skills development program that allows youths from surrounding communities to learn with the inmates.
Mr Siachiyako explains that such an open learning policy has helped inmates to re-integrate back into society and has helped the youths who come from the surrounding communities learn about the consequences of crime.
Mr Siachiyako explains that the prison skills development program targets inmates who have not completed secondary education or attained any tertiary qualification.
He notes that such capacity and skills building programs are what the correctional service system in the country needs to help inmates towards their reformation and integration back into society in order to effectively contribute to national development.
FILE: President Edgar Lungu flashes the PF symbol before addressing people at Simon Mwansa Kapwepwe Airport in Ndola on Saturday. Picture by TISA BANDA NKHOMA/ZANIS.
President Edgar Lungu has reiterated that he will not respond to provocative statements by some opposition leaders adding that no amount of insults will provoke him to answer back as doing so may equate himself to them.
The Head of State said this upon arrival at Ndola’s Simon Mwansa Kapwepwe International Airport that he is happy that there is no form of violence that has been recorded in the Roan Parliamentary by-election campaigns.
President Lungu has urged the Patriotic Front (PF) leadership in the province to ensure that no violence is registered as he will hold them accountable should any kind of violence be noticed during the campaigns.
ZANIS reports in Ndola that President Lungu who described the violence which characterised the Sesheke and Kafue by-election campaigns as shameful urged the Copperbelt provincial leadership to ensure no single cadre is imported from any party of the country.
The President said the will of the people in the aftermath of elections should be respected and vowed that Zambia shall continue being a heaven of peace.
He added that, some politicians are at the helm of perpetrating violence with a view to push for a form a coalition government, a situation he said is impossible.
And Provincial Chairman, Nathan Chanda assured the Head of State that the Copperbelt will continue being peaceful stating that, members are working hard to recruit more people in the party.
Mr Chanda added that, the party is working day and night to make sure that it returns the Roan seat which came at the backdrop of it being declared vacant by the Speaker of the National Assembly, Patrick Matibini.
Meanwhile, Copperbelt Provincial Permanent Secretary (PS), Bright Nundwe informed the President that all developmental projects in the province are progressing well.
Mr Nundwe further stated that, even if the country did not receive enough rains in some parts, the Copperbelt will have what he termed as a fair harvest.
The plane carrying the Head of State touched down at Simon Mwansa Kapwepwe International Airport at exactly 15:28 hours.
While on the Copperbelt Province, the President is expected to commission expansion works at Mukuba University Campus in Kitwe’s Itimpi area.
The Head of State is also expected to commission Police housing units built for officers in the province and monitor various developmental projects in the region, among other engagements.
Zesco United coach George Lwandamina says they will respect bottom placed Prison Leopards in Wednesdays home game despite his sides improving competitive form.
The defending FAZ Super Division champions are currently on a rebound with two wins and a draw in all competition.
This is after ending a seven competitive match winless run on March 17 with a 2-1 home win over Asante Kotoko of Ghana in a CAF Confederation Cup Group C match at Levy Mwanawasa Stadium in Ndola.
Zesco followed up the win over Asante with a 0-0 away draw in Kitwe against Kitwe United on March 27.
Lwandamina’s side then collected their first competitive win since February 6 after dismantling Green Buffaloes 3-1 on March 30 at Levy Mwanawasa Stadium where they will host Prison’s in their delayed Week Six fixture on April 3.
“Starting from the Kitwe United game, they played well and did the same in the Buffaloes game. The only difference is they were goals on Saturday. These are indicators that they are recovering but this does not mean we will beat anyone now,” Lwandamina said.
“Now, we will take one game at a time, we won’t rush into saying things are better now.
“We will prepare for each game carefully but if there is no time to prepare for a game, we will just go into it with confidence.
“We were also failing to score but now are able to score but we hope and trust that the win over Buffaloes will give the boys more confidence.”
“They are human too and if they do good things it will give them impetus to get better going forward.”
Meanwhile, visitors Prison have collected one win and four draws from nine games played.
Prison’s only victory came last Saturday when they beat ailing giants Mufulira Wanderers 1-0 at home in Kabwe to end a two-match losing run.
The Republic of Zambia and the Republic of Botswana have agreed to incorporate Zimbabwe as an equity partner on the Kazungula Bridge project and further ask Namibia to also join in the project.
The two countries have reaffirmed their commitment to incorporate Zimbabwe on the bridge project, with emphasis for the new member to pay up for their share of the bridge.
President Edgar Lungu and his Botswana counterpart Mokgweetsi Masisi today met at State House in Lusaka where they also agreed to ask Namibia to join in the bridge project because they also stand to benefit from the project once completed.
The two Heads of State held closed door talks at State House, followed by a media briefing on the resolutions concerning the Kazungula bridge project.
President Masisi disclosed that the two leaders discussed matters of finance for the contractor, in order to avoid further delays.
He revealed that the outstanding amount owed to the contractor have been paid and that he expects the contractor to ensure that the multinational bridge project is completed in the stipulated timeframe.
President Masisi stated that the two countries are happy to incorporate Zimbabwe to the project as an equity partner, stating that the technical team will work out the value of what Zimbabwe will be required to pay for the project.
He added that the two Presidents have already engaged President Emmerson Mnangagwa of Zimbabwe with regards to the said project.
He said President Lungu has further suggested that Namibia be incorporated on the project because the country stands to enjoy the benefits of the bridge once completed.
He said the two leaders will engage the Namibian administration on the issue of incorporating them to the bridge project which is set to be completed in 2020.
And President Lungu has announced that the date for the official commissioning of the Kazungula Bridge still remains in 2020.
President Lungu said leaders of the three countries, which are Zambia, Zimbabwe and Botswana are committed to ensuring that they deliver the project which was started by their predecessors.
President Lungu said the idea to connect the three countries and the rest of the SADC region, was born by the leaders of the three countries, which he said should be realized.
He said the Kazungula Bridge is important, adding that all the countries in the region will benefit, in terms of opening up the region for trade.
President Masisi who was accompanied by Minister of International Affairs and Cooperation Unity Dow and Minister of Transport Dorcus Makgato has since returned to Botswana.
President Edgar Lungu and His counterpart President of Botswana Eric Masisi admiring the trophy before handing it over to the winner during Zambia International Trade Fair
President of the Republic of Mokgweetsi Masisi has joined President Edgar Lungu in the call to end xenophobic attacks in South Africa.
Dr Masisi noted that xenophobic attacks are detrimental to peace and security in the nation, adding that everyone falls victim to the cause.
He stressed that the attacks on foreign nationals are unwarranted and must be stopped.
Dr Masisi stressed that he supports President Edgar Lungu, and other African States in the call to pray for an end to xenophobic attacks.
Meanwhile, the visiting Head of State has described his engagement with President Lungu at state house as fruitful.
Dr Masisi revealed that the two leaders will soon meet to discuss ongoing projects being undertaken between Zambia and Botswana.
He also stated that the agenda of his visit to Zambia has been fulfilled.
Dr Masisi has since returned home after concluding his one day official visit to Zambia.
He was seen off at Kenneth Kaunda International Airport (KKIA) by President Lungu.
Senior Chief Chiwala (in white shirt) spoke on behalf of the Lamba Chiefs who gathered for a luncheon at Mr Lusambo’s residence
Senior Chief Chiwala of Masaiti district, on the Copperbelt Province has implored the Church to be cautious when handling issues of national interest.
The traditional leader, who implored the church to focus on unifying the country, as opposed to siding with politicians, noted that failure to do so will be neglecting their core of winning souls into the kingdom of God by emphasising salvation.
ZANIS reports that Senior Chief Chiwala noted that the church is supposed to be a place where people seek solace and sanctuary in God, regardless of their political affiliation.
He added if churches take sides for the sake of expediency, it will be difficult to manage their flock, who are part of the voting masses.
Senior Chief Chiwala who is also the Lamba-Lima Royal Establishment Chairperson, said there are a lot of vices going on in the country, which need the church to stand in its strongest appeal and condemn.
The traditional leader cited political violence which he said has potential to set the nation into flames if not addressed.
He also noted that excessive abusive of alcohol and drugs among youths, early and teenage pregnancies, and Gender Based Violence among others which the church should work tirelessly to address.
He added that the church and traditional leadership should work together while being neutral and defuse the tension that is gradually infesting the nation.
Senior Chief Chiwala has also called on political players to dialogue further on the
National dialogue bill and agree to resolve the grey areas amicably.
He further called on Members of Parliament to put the interest of the people first, before their own interests as the National Dialogue Bill is being tabled in Parliament, adding that this can only be achieved with concerted efforts from all stakeholders.
File:President Edgar Chagwa Lungu with Vice-President Inonge Wina shortly before Cabinet meeting at State House on Monday, August 13,2018-Picture by THOMAS NSAMA
Cabinet yesterday approved the publication and introduction of the Sales Tax Bill and the Income Tax Amendment Bill of 2019, to parliament.
Chief Government Spokesperson Dora Siliya announced that the bills were approved during a Special Cabinet Meeting held at State House yesterday.
In a statement issued to ZANIS in Lusaka today, Ms. Siliya said the Sales Tax Bill of 2019 has a number of objectives, which include the introduction of a sales tax on the supply of goods by manufacturers, producers, distributors, wholesalers and retailers and the importers of goods into the country.
She explained that the bill also aims at imposing sales tax on the supply of services in the country, by service providers and importers of services, with an exemption of certain supplies, imports and exports of goods and services from tax.
“This bill has a number of objectives such as providing for the registration and de-registration of taxable suppliers; provide for the use of electronic devices, equipment or any other devices; provide for the collection of sales tax; repeal and replace the Value Added Tax Act, 1995; and provide for matters connected with, or incidental to, the foregoing,” she stressed.
Ms. Siliya who is also Minister of Information and Broadcasting Services pointed out that Cabinet is of the view that the proposed Sales Tax will put a stop to the escalation of VAT refunds, dating back to 2009, and estimated at a cost K17.9 billion as at January 9th, 2019.
She underscored that the VAT refunds have negatively affected the economy of the nation, adding that the Sales Tax is the best way forward for the country.
On the Income Tax Amendment Bill of 2019, Ms. Siliya said the object of the Bill is to revise the turnover tax threshold from eight hundred thousand Kwacha (K800, 000) per annum to five hundred thousand Kwacha (K500, 000) in order to harmonise it with the Sales Tax threshold.
She further emphasized that the enactment of the Sales Tax will have an effect on the Income Tax Act, Cap. 323 as the turnover tax threshold of the Income Tax Amendment Bill will be five hundred thousand kwacha or below, per annum.
Below is the full statement
(SPECIAL) CABINET MEETING HELD AT STATE HOUSE ON MONDAY, 1ST APRIL, 2019
His Excellency the President Mr. Edgar Chagwa Lungu called for the 8th (Special) Cabinet Meeting at State House held today, Monday 1st April, 2019, at which two (2) substantive legislative matters were discussed as follows:
1.?Sales Tax Bill, 2019
Cabinet approved for publication and introduction in Parliament, of “The Sales Tax Bill, 2019”, whose objectives are to:
(a) introduce a sales tax on the supply of goods in the Republic on manufacturers, producers, distributors, wholesalers and retailers and the importers of goods into the Republic;
(b) impose sales tax on the supply of services in the Republic by service providers and importers of services into the Republic;
(c) exempt certain supplies, imports and exports of goods and services from tax;
(d) provide for the registration and de-registration of taxable suppliers;
(e) provide for the use of electronic devices, equipment or any other devices;
(f) provide for the collection of sales tax;
(g) repeal and replace the Value Added Tax Act, 1995; and
(h) provide for matters connected with, or incidental to, the foregoing.
Cabinet is of the view that the proposed Sales Tax is also aimed at stopping the escalation of VAT refunds, dating back 2009, estimated at K17.9 billion as at 9th January, 2019.
The VAT refunds have greatly negatively affected the economy and, therefore, the Sales Tax is the best way forward for the country.
Further, the introduction of the Sales Tax will enhance domestic revenue mobilisation by broadening the tax base and simplifying administration as well as compliance processes.
The Bill shall be introduced in Parliament tomorrow, Friday 2nd April, 2019 and after final approval by Parliament during the June sitting, the effective date as announced by the Minister of Finance is 1st July, 2019.
2.?The Income Tax (Amendment) Bill, 2019
Cabinet in line with the approval of the Sales Tax, also approved a consequential Bill, The Income Tax (Amendment) Bill, 2019. The object of the Bill is to revise the turnover tax threshold from eight hundred thousand Kwacha (K800,000) per annum to five hundred thousand Kwacha (K500,000) in order to harmonise it with the Sales Tax threshold.
The enactment of the Sales Tax will have an effect onthe Income Tax Act, Cap. 323 as the turnover tax threshold of the Income Tax (Amendment) Bill will be five hundred thousand kwacha or below, per annum. Once a tax payer exceeds this threshold, they will become liable to pay Sales Tax in respect of taxable supplies.
UPND Lusaka Province Chairperson Obvious Mwaliteta has appeared in court for being in possession of offensive weapons. In this Matter it is alleged that Mr. Mwaliteta and James Sichomba were found with machetes, stones, knives and wooden pick handles in Kafue district.
The two could however not take plea because the court has not yet received consent from the Director of Public Prosecutions -DPP-.
The suspects later applied for bail which was granted.
In his application, Defence lawyer Zevyanji Sinkala asked the court to grant the application because the suspects are of fixed abode.
And in her ruling, Lusaka Magistrate Alice Walusiku granted a five-thousand-kwacha cash bail to the suspects.
Magistrate Mwalusiku also ordered the suspects to provide two working sureties who have been bonded in the sum of five thousand kwacha but in their own recognizance.
The matter has since been adjourned to the 17th of April 2019 for mention.
Last week UPND President Hakainde Hichilema, accused Zambia Police of being under instruction to Keep Mr Mwaliteta in Jail when he visited Mr Mwaliteta, in the company of some senior party officials.
This was after police failed to avail him to court last week despite the court schedule indicating that he was supposed to appear before the Magistrate Court in room 3.
Police had no reason for not bringing Mr Mwaliteta to Police but told Mr Hichilema that he could only visit him during the visiting hour at 12 hrs.
Mr Hichilema and his entourage then took a walk to Levy Junction were his supporters gave him no space as they all damanded a handshake and a photo.
Later Mr Hichilema and his entourage went back to the police station where he was allowed to see Mwaliteta.
Mr Hichilema, was happy to see Mr Mwaliteta in high spirit and asked him to remain strong and focused because the fight was for the love of the nation.
“We all have to unite and remain strong in this current volatile political atmosphere which has led to the arrest of opposition political party members on tramped up charges.” said President Hichilema.
Mr Mwaliteta was scheduled to appear at Lusaka Magistrate Court last week , but his case failed to take off and police said Mr Mwaliteta was going to appear before Magistrate Court that afternoon which again was not true because he was again not brought before the court.
Speaking to journalists shortly after seeing Mr Mwaliteta, Hichilema said he was saddened that the Mwaliteta had been subjected to “harsh” and “inhuman” detention conditions.
Mr Hichilema said it was dictatorial for the PF to continue subjecting Zambians to numerous economic challenges and hardships and later keep denying them basic freedoms such as freedom of expression.
He described Police’s failure to avail Mr Mwaliteta to court last week as a method that tyrants use to deny citizens quick access to justice.
Mr Mwaliteta, who was arrested on 27th March, 2019, to answer to charges of unlawful possession of offensive weapons.
Confusion erupted at the Copperbelt University in Kitwe on Monday after Management told first year students to go back home as government can no longer provide bursaries for them.
The over 500 students had appealed to the Ministry of Higher Education after they were left out of the group that was first awarded loans.
Some students who were stranded at the Monk Square described the move by CBU Management to send them home as unfair.
Those interviewed said they were just told to pack and leave campus as government has no money to give them as Student Loans.
They have since appealed to government to engage Management on the possibility of rescinding their decision to avoid disturbing their academic calendar.
And CBU Academic Union President Dr. Derrick Ntalasha confirmed that over 500 students have been sent home and has blamed the development on Management.
By time of publishing, Riot Police were at CBU keeping vigil and preventing students from advancing into Jambo Drive.
Some students had lit bonfires on the road leading into the university in protest.
Some reports indicate that CBU student Union President and Vice President have been expelled.
Meanwhile lecturers vow to down tools if not paid by Friday.
THE NATIONAL DIALOGUE (CONSTITUTION, ELECTORAL PROCESS, PUBLIC ORDER AND POLITICAL PARTIES), 2019
By Muna Ndulo
(a) Introduction
The Zambian Government has announced its intention to enact into law a bill to implement the National Dialogue (Constitution, Electoral Process, Public Order and Political Parties.)
The draft bill proposes to establish a forum to make amendments to the 2016 Constitution, the Elections Law and the Pubic Order Act. In brief comments, I would like to give an assessment of the proposed bill. It is clear, after reading the draft Bill, that the Government has little understanding of the functions of a constitution. It has even less knowledge of the dynamics of, and relationships between, institutions and procedures and seems unaware of several examples of successful constitution making processes in Africa and elsewhere in the world and what lessons they give on how to design a constitution in making process that is inclusive, transparent and ensures meaningful participation by all citizens regardless of tribe, class, religion or political persuasion. I would also like to state that I completely support the analysis and views of the Three Church mother bodies and the eleven NGO on the proposed bill. Their clear and correct understanding of constitutionalism makes me believe that despite the challenges we face today in giving our country a decent constitution, we need not despair. It is sad that those who want to push through this process and their surrogates have paraded a collection of characters who have no understanding of the role of a constitution in a democratic dispensation to publicly demonize the Church mother bodies and the NGOs. How does being a chief, a purely hereditary position, make one a constitutional expert? These behaviors undermine the dignity of our traditional leaders. It is indeed a theatre of the absurd. George Orwell might well have had Zambian society in mind when he observed: “political language is designed to make lies sound truthful and to give an appearance of solidarity to pure wind.”
(b) An Evaluation of the Draft Bill Establishing a Dialogue Forum
In 2007 Zambia embarked on its third attempt to develop a democratic and legitimate constitution since multiparty politics were introduced in 1991. The process was boycotted by several opposition political parties, NGOS, churches and other stakeholders. Despite the boycott, the process went ahead. It was manipulated by the MMD the then ruling party and the resulting draft constitution failed to produce a durable constitution. It seems that the nation did not learn anything from the failed 2007 process. The proposed 2019 constitution making process is deeply flawed and will fail to deliver a constitution that is legitimate and provides a framework for the democratic governance of Zambia. The primary flaws in the process are the following:
(a) the process itself is inherently unrepresentative and is completely dominated and controlled by the party in power; (b) it is ill designed to build consensus ; (c) the legislation creating the forum does not say a word about its philosophical approach to the constitution but its phobia about values, transparency, institutionalization of accountability and policy is quite evident in its provisions; ( d) it is not guided by any constitutional principles; (e) it is not clear what attention the process gives to the drafting of the constitution itself-an essential component of preparing the constitution and one of the shortcomings of the 2016 Constitution; and (f) the process is coercive and gives the impression that it has little understanding of the functions of a constitution. It has even less understanding of the dynamics and relationships between, institutions and procedures; (g) it shows disdain and disrespect for the views of the public and other stake holders who do not support the ruling party; (h) it is not guided by an understanding of the abundant best practices in Africa and the rest of the world of countries which have had successful constitution making processes e.g. Kenya (2010 Constitution process), South Africa (1993 and 1996 Constitution Making Process) and Namibia (1989 Constitution making process.) to name just a few. There are a lot of important lessons to be learned from these processes. The Zambian Government also does not learn from the failed past processes in the country (including the 2007 and 2016 processes). Further, the forum, has an unrealistic timeline for its work thereby making it open to abuse by those who want to manipulate the process, and advance their accumulation agenda. Article 14 of the proposed bill states that: “the Forum shall complete its work within a period of ten days from the date of the first sitting of the members under this Act or a longer period that the Minister may specify by statutory instrument.” This essentially means the Minister, without recourse to anyone, decides the timeline. In successful constitution making processes reasonable timelines are given and are agreed to by all stakeholders and are then secured by legislation.
The draft Bill, describes the Forum it is setting up, as a forum for the implementation and enhancement of the Siavonga resolutions for proposals to- (a) alter the constitution, based on the draft amendments proposed in the Constitution based on submissions from the stakeholders specified in the Schedule, following the enactment of the constitution of Zambia (Amendment) Act, 2016, and additional submissions from the church, and (b) reform the law on the electoral process, public order and regulation of political parties based on submissions from various stakeholders.” The Siavonga resolutions do not deal with the parts of the 1991 Constitution that requires a referendum to change. That means that this process does not address Chapter 3 of the Constitution which contains the bill of rights. It follows that social economic rights are not on the table. This more than anything reveals the real intentions of the government-not to produce a sound constitution but to rush through Parliament amendments designed to undermine their political competitors.
The Forum is so large that it will be completely unyielding to good management and is reminiscent of the 2000 Zimbabwe Constitutional Forum which had up to 400 members and failed to produce a constitution. There can be no meaningful discussions in such a large forum, especially one completely controlled by the Government. The Members of the Forum are appointed by the Secretary to the Cabinet. Article 5 (1) provides: “The Forum consists of all Members of Parliament and the following members appointed by the Secretary to the Cabinet.” It further provides that “The members of the Forum can on the recommendation of a standing committee be removed from the Forum and their membership terminated by the Secretary to the Cabinet.”
The secretariat of the Forum will be appointed by the Government. This is provided in article 11 (1) which states that: “the Secretary to the Cabinet shall appoint a Secretary to the Forum as head of the Secretariat for the purposes of the Forum.” And in 11 (2) that: “the Ministry responsible for justice is the Secretariat for the purposes of the Forum.” In Zambia the Secretary to the Cabinet has limited space to act independently in a system heavy on patronage. The question remains why take this approach. Why would a democratic system not allow stakeholders to choose their representative without reference to government? Organizations should have been allowed to pick who ever they thought would represent them well and the Government should have no role in that. To complete Government control of the process, article 5(a) provides that “The president shall subject to ratification by the Forum at the first meeting of the Forum appoint a Chairperson of the Forum.” The approach here shows little schooling in principles and effectiveness of representation. Instead it encourages patronage. To further underline the control of the process by the government, the President, under article (19) of the draft bill is free to dissolve the forum should he think that it is not fulfilling its functions.
In what is clearly a poorly drafted provision, article 4 (1) of draft Bill gives the Forum wide ranging functions, including the following: altering the constitution based on the draft amendments proposed to the Constitution based on submissions from the stakeholders specified in the schedule. Aricles14 (5) (6) gives the Minister the right to submit the draft bills to Parliament for enactment. In another equally badly drafted provision article 4(3) requires the Forum to be accountable to the people of Zambia and in (4) (d) to ensure that the final outcome of the adoption process faithfully reflects the wishes of the people of Zambia. The legislation does not even attempt to provide any monitoring or control mechanism to ensure that these outcomes are achieved making the provisions empty rhetoric. It is noticeable that most successful constitution making processes have a technical committee composed of constitutional experts to advice the constitution making body why certain provisions are required in a constitution. In all the processes that I am familiar with all stakeholders have a say as to who these experts should be. They are never imposed by the government on the other stakeholders. The Zambian process can be likened to building a house without an architect and engineer. Another matter of concern is the Forums decision making process. The draft Bill provides that: “Questions before the forum or any of its committees shall be determined by consensus, but in the absence of consensus, decisions of the Forum shall be determined by simple majority vote of the members present, except that voting shall be by secret ballot.” This is a very dangerous provision. There is absolutely no incentive to work towards consensus in this situation when you have a built in majority. It is in the interest of the majority party that there should be no consensus so that it can use its majority to adopt provisions of its choice. Experience shows that this approach is divisive. In Kenya (2010) and South Africa (1993 and 1996) there was no voting. All decisions were adopted by consensus. This encourages inclusiveness and promotes a sense of ownership of the constitution by all stakeholders. As Mandela observed in his address to ANC delegates during the drafting of the 1993 interim constitution: “you are drafting a national constitution and not a party document.” Those words were true in that context as they are true in our context today.
The process of adopting a constitution is as important as its substance. The ambivalence on the role of experts in constitution making by the draft Bill is troubling. Experts play an important role in constitution making. It is not enough that there are lawyers among members of the Constitutional conference just as it would not be enough to have general medical practitioners where a patient requires heart surgery. You would need a surgeon in such a situation. The two groups have difference expertise and experiences. Although it is important that a constitution making process be a local product experts encourage and enhance the local process by ensuring the observance of international standards as reflected in international human rights instruments most of which Zambia have been ratified by Zambia. Foreign experts would give inputs from a comparative constitutional law perspective. Experts would also give the best practices of different parts of the world and especially from other African countries. Moreover it is important that a constitution is justiciable and viable and that it does not conflict with Zambia’s international obligations freely acceded to by Zambia. No doubt the Kenyan, Namibian and South African constitutions serve as some of the best models of constitution arrangements that provide important safeguards to ensure public accountability, responsiveness to the electorate, and participation of the people in the governance of a state. The process followed in the elaboration of the South African constitutions teaches us that in order for a people to feel a sense of ownership, the constitution –making process must ensure extensive consultations with the people and all stakeholders in the country before the constitution is drawn and adopted. The process must be inclusive transparent, accessible, accountable, and empowering to civil society. It worth mentioning that in the Kenyan process, members of the Expert Committee that drafted the Kenyan constitution openly referenced the South African constitution as many countries including Zimbabwe, Colombia etc. have done. The idea was how to improve on what South Africa had achieved.
A democratic constitution, as Yash Ghai has ably observed “serves as an all time charter of government and not an instrument of power”. This is because it is made to serve all the people of all generations. The draft Bill completely forgets that the clamor for a new constitution in Zambia is based on the public’s justified unhappiness of the misuse of Presidential power by successive presidents since independence in 1964. The people are concerned about the concentration of power in the executive, highly centralized system of governance, excessive state control with limited capacity to govern, limited devolution of power to local communities, the prevalence of appointments to the civil service and public sector based on ethnic or geographical considerations, mediocrity in leadership, lack of transparency and endemic corruption. They realize that a country’s welfare as a polity is defined by the health of the three arms of government and the caliber of the men and women that run them. They are concerned about the independence of the judiciary. The 2016 Zambian Constitution more than the 1991 constitution as amended in 1996, it replaced, gives enormous powers to the executive without any checks thereby promoting authoritarianism. It allows the President limitless powers without any restraint whatsoever including making appointment to all important position in the three spheres of government. Zambians want to put in place a constitution that ensures and guarantees good governance and creates a capable state that is able to deliver services to its people and guarantees human dignity.
Comparative constitution law and constitutional design literature show that it is unwise for citizens to entrust constitutional making to the Government of the day. That is because members of the government have vested interests in the existing status arrangements which they invariably wish to protect and defend in the new constitution and will oppose any change which conflicts with these vested interests. The ruling party is trying to hijack what was intended to be a peoples’ process by constituting itself into a body that serves as a vehicle for promoting party interests. Rather than consider the people as central to the process they have reduced the people into mere spectators. But it is the people’s support of the document that gives the constitution its legitimacy. Politicians and ordinary citizens have diametrically opposed interests in constitution making. While ordinary people are interested in values, accountability, social justice, transparency, morality, human rights and security, politicians are obsessed with the structure and the power of the executive. This is because the politicians see the constitution as an instrument of power and domination. We must decide on a system of government not on the basis of the ambitions of a few politicians, but on the principles of democracy, participation, accountability and efficiency. The process the Government wishes to implement through the Forum offends the basic conception of a good and inclusive constitution making process in a democracy. It appears to be based on the view that a constitution is an instrument or weapon of power to be used by the politicians of the day to attain their ambitions. The challenge for Zambia remains how to achieve a stable political and constitutional order that promotes development and good governance and guarantees citizens their rights and governance under the rule of law regardless of their gender, color, sex, or ethnic origin. This calls for the development of political, economic, and administrative institutions for the proper governance of the state. Zambia needs to settle the constitutional debate and get on with addressing the extreme poverty that is the daily life of our people.
In conclusion, I would like to remind our politicians that in a developing country like Zambia with a great diversity of people, the constitution also serves as a social contract among the people, establishing common values and social solidarity.
This is not going to happen as if we continue with the proposed process. The constitution should seek to provide a vision for us as Zambians and for our people as a nation. Strengthening Zambia’s democracy will demand that constitution making be guided by the need to expand the frontiers of democracy and accountability to the people rather that to bend to the passing needs of elite power sharing, which is accelerating the fragility of African democracies. In the end whether Zambia’s long search for a democratic constitutional order will one day come to fruition will depend on leadership. Zambia needs leadership that has a big picture and has a vision to transform Zambia into an inclusive, fair and democratic state and sees the constitution as a transformative document for the achievement of those goals.
The Authour is a William Nelson Cromwell Professor of International and Comparative Law Cornell Law School and Director Cornell University’s Institute for African Development
India’s Vagmi Cottons Limited, will immediately invest 7 million Million US Dollars this year to build a factory that would process 8,000 metric tonnes of cotton lint in the year 2019.
The company which has already acquired a 26 acre land in Mwembeshi area, Chiombo District, Central Province, will in 2020, evolve from cotton ginning to a full textile which will resuscitate the once vibrant textile industry in Zambia.
VAGMI Company Chief Executive Officer Amit Dwivedi says his company is also in talks with INDO Zambia Bank to study possibilities of a joint venture or leasing the defunct Kafue Textiles Company.
Mr. Dwivedi says his company further identified Boniface Daka from Lusaka’s Chawama area who has been fully sponsored and is undertaking a year long training programme in India focusing on factory engineering and operations management.
He says the company will engage 23, 000 cotton farmers from Mumbwa, Shibuyunji, Chipata, Petauke, Lundazi, Katete, among others, in the next two years.
This came to light when Zambia’s High Commissioner to India Judith Japijimpanga toured Vagmi Company Cotton Factory in Indore, in the Indian State of Madhya PradeshA.
The Chief Executive Officer says the company will be running an outgrower scheme where it will supply farmers with seed, chemicals, wool packs and that it will be the company’s responsibility to collect cotton from farming areas as it will procure an initial 15 trucks.
And Zambia’s High Commissioner to India Judith Kapijimpanga has noted with gratitude that Vagmi Company is happy with a clear policy direction by the Zambian Government of value addition, and especially that the Cotton Board of Zambia has a fixed cotton price for a win- win situation.
She says Zambia has reliable transport system, hospitable citizens, peaceful, reliable electricity supply, progressive legal and banking systems.
Mrs. Kapijimpanga says she is happy to note that Vagmi Cotton’s Company will also build houses for some Zambian staff running the factory.
She explains that Zambia has been yearning for the revamping of the textiles sector following the defunct Mulungushi and Kafue Texiles Companies.
This is contained in a statement made available by First Secretary Press and Tourism at the Zambian Mission in India, Bangwe Naviley.
One of Zambia’s Internationally respected Constitutional Lawyer Professor Muna Ndulo has condemned the National Dialogue Bill which will be tabled in Parliament today.
Prof. Ndulo who is Professor of International and Comparative Law at Cornell Law School and Director Cornell University’s Institute for African Development said the proposed process will not produce a good constitution.
Prof. Ndulo observed that strengthening Zambia’s democracy will demand that constitution making be guided by the need to expand the frontiers of democracy and accountability to the people rather that to bend to the passing needs of elite power sharing, which is accelerating the fragility of African democracies.
He also observed that The Forum is so large that it will be completely unyielding to good management and is reminiscent of the 2000 Zimbabwe Constitutional Forum which had up to 400 members and failed to produce a constitution.
Prof. Ndulo predicated that there can be no meaningful discussions in such a large forum, especially one completely controlled by the Government especially that the Members of the Forum are appointed by the Secretary to the Cabinet.
“In the end whether Zambia’s long search for a democratic constitutional order will one day come to fruition will depend on leadership. Zambia needs leadership that has a big picture and has a vision to transform Zambia into an inclusive, fair and democratic state and sees the constitution as a transformative document for the achievement of those goals,” he said.
