Prince Ndoyi the young politician from MMD known for his criticism of the opposition UPND and their leader Hakainde Hichilema says it is immoral for the opposition party to comment on the eligibility of President Edgar Lungu because they have more skeletons in their closet that they need to deal with themselves.

The Constitutional Court is set to make a landmark judgement on Friday as Constitutional Court judges will rule on the eligibility of the Republican President in the 2021 election which the UPND has said they don’t expect the ruling to be against President Lungu.

But Ndoyi has described UPND’s statement as careless, reckless and irresponsible adding that the opposition party has no ‘Loci Standi’ to comment on the matter because their leader should not have been a contestant in 2015 to start with because he had already participated in 3 elections.

“How does a National Chairperson of a party make such an irresponsible statement on behalf of the whole political party? Let’s be civil. Infact it’s immoral for UPND to comment in whatever form, on the eligibility of President Lungu.

The young politician said it is an open secret that the UPND are praying that the Concourt’s ruling can disqualify President Lungu because they are certain that with him in the race in 2021 the election is a foregone conclusion.

He scoffed at the notion that the opposition party leaders are showering praise and calling Hakainde Hichilema the incoming president describing their praise as the highest order of hypocrisy.

“It’s bogus to hear, them showering praise on HH as an incoming President. Aren’t they ashamed, learned lawyers and MPs calling HH their candidate for 2021. Let’s be real and serious, it’s hypocrisy of the highest order.

“They have failed to mobilize their moral conscience to recalibrate their position on this perpetual contestant of HH on the presidency,” he said.

He further mocked the opposition that they should use the same energy they have injected in the eligibility of President Lungu in dealing with the illegality of maintaining their leader as a candidate in perpetuity.

“They should use the same energy in dealing with this illegality of maintaining HH as a candidate in perpetuity. They should instead identify another candidate other than insisting on the same candidate who has lost 5 elections.”

He further laughed at UPND supporters for giving lame excuses against the reason for Hakainde’s unchallenged stay at the helm of thier party.

“How can a whole lot of a party give such a lame excuse that we allow him to stand because we love him? Love alone cannot be the basis to be used for an illegality or the obstruction of other fresh minds taking over the party.

“That is why I started a proposal of a law, to bar perpetual aspirants at presidential level. The onus lies on the Zambian people to define this issue by rising above who is heading PF or UPND today. Who should under normal circumstances be disqualified, between HH and President Lungu. And Zambians ask them to answer these questions objectively.

“Lungu has stood two times while HH on the other hand has stood five times. Who instead should not stand on moral grounds? President should not be bothered, we implore him to focus on the mandate given to him,” he said.

He added “Friday’s ruling has nothing to do with disqualifying anyone, and it cannot be reduced as such. All the Concourt will do is interpret a constitutional provision in view of 2021, that’s all.”

The opposition UPND and the National Democratic Congress have agreed to jointly hold peaceful demonstrations over the decision by government to award Cabinet Ministers and the President 100 percent salary and allowances increments backdated to January 2018.

The two opposition parties contend that the decision is illegal as it was down without parliamentary approval.

UPND leader Hakainde Hichilema and NDC Consultant Chishimba Kambwili have since appealed to all public sector unions to join the protest.

The two leaders disclosed their plans during a joint news briefing held at Dr Kambwili’s residence in Lusaka.

They were flanked by UPND Deputy President Geoffrey Bwalya Mwamba and NDC Vice President, Joseph Akafumba.

Mr. Hichilema said the two political parties have decided to come together and speak on behalf of Zambians whose welfare is at risk in the hands of the PF.

He said the PF has continued to recklessly spend public resources on expenditures that have nothing to do with the majority Zambians.

Mf Hichilema revealed that the two political parties will on Thursday lodge in a notice of protest to the Zambia Police Service in order for Zambians to stage a peaceful protest demanding for the revocation of the statutory instrument on the increase of the allowances and salaries.

“After a consultative meeting with our colleagues from the NDC, it has been resolved that we take any available and legal means to recover the illegal allowances that the PF has paid its President and Ministers. You have heard what my brother CK has said about those allowances. K41,000 each for a few individuals per month as salary increment is very inhumane when the majority of our people are getting very meagre salaries,” said Mr Hichilema.

“And then as if that is not enough, that hefty allowance has been backdated to January 2018. Why are people this selfish. We shall do this for Zambians and not for Kambwili or Hakainde, “he said.

“We shall also demand that the Concourt ruling on the Ministers that drew salaries after the dissolution of the 2016 parliament is enforced and that money is refunded in full to allow our hospitals get stocked with medicines as well as educate our students whose allowances have not been paid over time,” Mr Hichilema said.

The UPND leader said Zambians are in serious trouble and that this calls for all Zambians to join hands and demand for accountability from the PF government

“And it is our prayer that the police not be found wanting by standing against the people,” Mr. Hichilema said.

Mr Hichilema questioned the level of decision making in the PF government where people can spend $ 68 million to buy a Gulf Stream Jet for the use of five people when that money could have been used to address the several ills in the country such as the lack of medicines, the lack of adequate farming inputs as well as educate more than 30,000 university and college students.

“I just can’t seem to understand the thinking of some people especially when it comes to service delivery. $68 million Gulf stream jet for five people when national poverty is skyrocketing.”

“It is inhuman for the PF to spend over 60 million dollars to buy a jet that will be used by four or five people when the majority of Zambians are suffering. That money can take 30, 000 children to school and help procure medicines for our hospitals”, Mr. Hichilema lamented.

And Dr. Kambwili has called on all public sector unions including the police and the Military to join the planned peaceful protest as they are the ones that have been denied a normal and sustainable salary increase on assumption that there is no money in the treasury to warrant a huge increase.

Dr Kambwili said the increase which is outside the Ministerial and Parliamentary emoluments is illegal as it was effected without approval from parliament which is mandated to approve such increments.

He called on Zambians to stand up and ensure that the PF is not allowed to have a free thieving spree when the country is bleeding from poverty and hunger.

He further said the opposition is ready to use any available avenue to ensure that the money is returned to the treasury which will include the courts as the increase is not only illegal but also unconstitutional hence the need for it to be challenged vigorously.

Dr Kambwili explained that his legal team in September wrote to Secretary to Cabinet for advice on how much he owes the treasury for the salaries and allowances drawn during the period that parliament had been dissolved in 2016 as he was ready to pay back the money he allegedly owes Zambians and that he was awaiting Secretary to Cabinet response.

“For your own information, I have written to the Secretary to the Cabinet asking him where I should pay the money, the Concourt ruled and I will pay back that money having received it when I illegally stayed in Office”, Mr. Kambwili added.

But PF Media Director Sunday Chanda accused the two Leaders and their Vice Presidents of lacking the capacity to provide credible checks and balances to the government.

The Young African Leaders Initiative is concerned with the incessant attacks being showered at the Constitutional Court a few days preceding a crucial judgement regarding the 2021 eligibility case of President Edgar Lungu on 7th December, 2018.

YALI President Andrew Ntewewe said his Organisation has noted with great disappointment sentiments attributed to supposedly imminent people who have even reached the point of demanding the abolishment of the Constitutional Court.

“YALI wishes to be very clear and put on record that we find such utterances very shameful and unacceptable. We once again want to recapitulate, that as a democracy institution, we strongly believe in our institutions of governance”, Mr. Ntewewe has said.

He reminded citizens that all Zambians have a responsibility to protect the integrity and sanctity of the judiciary.

“Judicial independence is a very important pillar in a democratic society. This is because as a foundation for democracy, it is the source of perennial vitality and the beacon of hope for the nourishment and growth of democracy”, He added.

He has since called on all parties in the eligibility case, to exercise maximum restraint, maturity and sobriety further reminding them that they went to court because they believed in the first place in no uncertain terms that the court is a fountain of justice.

Mr. Ntewewe said whatever, the outcome, the Court must be respected, knowing that only one party can be a victor.

He has warned that if the incessant attacks continue even after the judgement, YALI will not hesitate to be the ones that complain to the Director of Public Prosecutions with a view to institute contempt proceedings.

As the Green Party, we troubled by the silence from the Law Association of Zambia (LAZ) and UPND on the execution of the famous judgment against former ministers. Non-execution of this judgment is wrongly projecting a negative narrative of the Constitutional Court. We blame LAZ and UPND as key culprits of the negative public perceptions for reasons outlined below.

It is now more than two years since judgment was delivered and there no execution. We are troubled because execution or enforcement of a judgment, which follows the logical pronunciation of the same by the judge or magistrate, must be taken seriously as it is one of the most important aspects of the administration of justice in any society where the rule of law thrives. By execution, we mean quite simply the process for enforcing or giving effect to the judgment of the court. It is the last stage of a judicial process after the legal right, claim or interest has been determined on the merit in a judgment or order by the court.

Every judgment must be obeyed and is effective from the date of its delivery or from such a date stated in the judgment itself. The judgment is meant to be obeyed without demand and if there is default in obedience, after a period of grace, which can be between three to fourteen days, as the rules may prescribe, the judgment creditor is entitled to commence enforcement proceedings. A judgment is valid until set aside on appeal, and as such, must be obeyed.

To the best of our knowledge, there is not on appeal on that judgment. And it has not been set aside. Even if it was on appeal, we are not aware of a court order to stay its execution. So, LAZ and UPND are rightly entitled to fruits of that judgment by way of execution. If the judgment is unenforceable, for one reason or the other, LAZ and UPND are duty bound to come out in the open and tell the nation about the development so to clear negative public perceptions.

LAZ, especially, has a constitutional duty to ensure that the public generally hold the view that judges and court staff treat people who have business before the courts with respect and dignity. The positive image of the court system centers on three key aspects: perceptions that the courts meet constitutional obligations to protect rights; that litigants have adequate legal representation; and that judges are well-trained and are honest and fair in individual case decisions. Perceptions that courts are too slow; unfair in the treatment of the opposition and nonentities in society; are out of touch with the public; or are negatively influenced by political considerations, are inimical to the justice system on any nation.

The public should not believe that the courts handle cases in a poor manner. On balance, the public should approve of, and trust the state courts. Overall, public perception should be that courts handle cases in an excellent manner. We urge LAZ to promote this narrative starting with execution of the judgment against former ministers.

Peter Chazya Sinkamba
Party President
The Green Party