Former President Edgar Lungu has decided to take legal action against the state’s decision to reject his application seeking the reinstatement of retirement benefits. Lungu, who served as Zambia’s Sixth President, has filed a Certificate of Urgency with the Lusaka High Court, aiming to expedite the filing of his petition during the court’s Christmas vacation.

The legal challenge is spearheaded by Lungu’s lawyer, Likando Kalaluka, who is also a former Attorney General. Lungu contends that the state’s withdrawal of his retirement benefits due to his return to active politics infringes upon his constitutional rights, specifically citing Articles 20 and 21. These constitutional provisions encompass freedoms of expression, assembly, and association.

The state, represented by Attorney General Mulilo Kabesha, recently rejected Lungu’s application, asserting that the decision to withdraw retirement benefits aligns with Section 5, subsection 1 of the Benefits of Former Presidents Act, Chapter 15 of Zambia’s laws. This section empowers the state to revoke retirement benefits if a former President reengages in active politics.

In his response dated December 4, Kabesha emphasized that the state’s actions were within the legal framework. The rejection came after Lungu’s lawyer had requested the reinstatement of retirement benefits in a letter dated November 28.

Former President Edgar Lungu officially announced his return to active politics on October 28, 2023, after retiring on August 26, 2021, following the general election that saw Hakainde Hichilema assume the presidency. The legal proceedings are expected to shed light on the interpretation and application of relevant laws regarding the retirement benefits of former presidents reentering the political arena.

As the case unfolds, legal experts anticipate that it could have implications for the intersection of constitutional rights and legislative provisions related to the post-presidential benefits in Zambia.

The Zambia Police Service has issued a warning to the Patriotic Front (PF) Party Faction led by Mr. Given Lubinda, citing credible information about potential intentions to destabilize the country’s peace and security. Police Spokesperson Rae Hamoonga urged the faction to adhere to peaceful and lawful expression of grievances, cautioning against any actions that could undermine public order and safety.

The police statement did not specify individuals involved but emphasized the need for the PF Faction to respect democratic values and the rule of law. Hamoonga stated that the police had been closely monitoring activities associated with the faction and would take appropriate action to preserve peace.

In response, the Patriotic Front, through its Chairperson of Information and Publicity, Amb. Emmanuel Mwamba, accused the police spokesperson of defaming the PF leadership. Mwamba disputed the existence of factions within the PF and criticized the state’s alleged attempts to create a one-party state.

Mwamba expressed concern about illegal rules issued by the Electoral Commission of Zambia regarding upcoming ward by-elections, claiming that such actions threatened the peace and security of the country. He urged state institutions, including the police and the Electoral Commission, to uphold the rule of law and allow due process in the upcoming elections.

The PF accused the police of engaging in lawless activities, jeopardizing the peace Zambia enjoys. Mwamba called for an end to what he described as schemes aimed at preventing the Patriotic Front from participating in the by-elections.

The Electoral Commission of Zambia (ECZ) has set January 23, 2024 as the date for the two Ward By-Elections in Mayembe Ward in Shiwangandu District and Kapamba Ward in Mpika District.

ECZ Corporate Affairs Manager Patricia Luhanga said that the two by-elections in Mayembe and Kapamba Wards in Muchinga Province follows the resignations of the Patriotic Front Councillors in the two wards.

Mr. Hosea Chitemboi, who served as Mayembe Ward Councillor resigned on October 1, 2023 while Kellis Kalima resigned as Kapamba Ward Councillor on November 14, 2023.

The two Patriotic Front Party Councillors resigned their elective civic positions to pursue personal endeavours.

Ms. Luhanga further disclosed that the nominations for the two by-elections will be conducted on Tuesday, December 19, 2023.She added that all aspiring candidates in these by-elections will be required to pay stipulated non-refundable nomination fees.

Ms. Luhanga said Male aspiring candidates wishing to contest will pay a sum of K600 while female candidates will pay K500 while persons with disabilities will pay K500.

The Campaign period will commence on Thursday, December 21, 2023 and will end at 18:00 hours on Monday, January 22, 2024.

The Drug Enforcement Commission (DEC) has taken former Minister of Mines and Minerals Development, Hon. Richard Sakala Musukwa, into custody on charges of possessing properties believed to be proceeds of crime. Mr. Musukwa appeared for questioning at DEC offices earlier today, leading to his arrest.

The arrest follows seven hours of questioning during which the DEC gathered information related to the alleged possession of properties linked to illicit gains. A few months ago, the DEC seized Musukwa’s house, flats, and vehicles, which he had acquired during his tenure as a Member of Parliament, Deputy Minister, and Cabinet Minister. Musukwa has challenged the asset seizure in the Lusaka High Court.

Given Lubinda, Vice President of the Patriotic Front (PF) Faction, expressed regret over Musukwa’s arrest and spoke to journalists after the former minister was released on bond. Lubinda, along with other PF leaders, offered solidarity to Musukwa during this challenging time.

In response to the arrest, Emmanuel Mwamba, a member of the PF Central Committee in charge of Information and Publicity, raised concerns about the motives behind such actions. Mwamba suggested that these arrests could be attempts to undermine opposition parties in Zambia and pave the way for a one-party state.

Musukwa, represented by Hon. Makebi Zulu and Mr. Jonas Zulu of Makebi Zulu Advocates, now faces legal proceedings regarding the possession of assets suspected to be linked to criminal activities.

President Hakainde Hichilema has assured the nation that he is prepared to assent to the Access to Information (ATI) Bill following its approval by Parliament on Tuesday. The President emphasized the government’s commitment to the bill and highlighted additional legal reforms, including the removal of the death penalty and criminal defamation of the President, as part of efforts to enhance democracy in the country.

The announcement came during a meeting with the African Peer Review Mechanism (APRM) team, currently in Zambia for its second targeted peer review and the official launch of the review. President Hichilema expressed gratitude for Zambia being one of the first African countries to request a second targeted review, showcasing its dedication to improving governance.

During the meeting, the President urged Zambians to exercise their rights and freedoms responsibly, emphasizing the need to avoid abuse that could infringe on others’ rights and freedoms. President Hichilema welcomed the APRM team and shared his views on the importance of Africa adding value to its exports, challenging the narrative that the continent is merely a hub for raw materials.

President Hichilema highlighted that this perception has negatively impacted Africa’s access to services such as affordable capital. The APRM is conducting a review that covers Democratic and Political Governance, Economic Governance and Management, Corporate Governance, Broad-Based Socio-Economic Development, and State Resilience to Shocks and Disasters.

Delegation leader of the APRM, Lydia Wanyoto Mutende, commended Zambia’s political will and commitment to achieving good governance. She acknowledged the strides made by Zambia in implementing peer values, citing the observed peace and security in the country. Mutende applauded the government for its dedication to improving female representation in national leadership.

The APRM is a self-monitoring instrument voluntarily acceded to by members of the African Union, reviewing governance aspects such as democratic and political governance, economic governance and management, broad-based socio-economic development, corporate governance, and state resilience to shocks and disasters. Zambia joined the APRM in 2006 and underwent its first review in 2013. The government will share the report resulting from the current review upon its completion.

Lusaka Magistrate Keegan Litiya has upheld his decision that the complaint against PF President Miles Sampa, filed by Raphael Nakacinda, is a non-starter. Nakacinda had sought the High Court’s intervention to determine whether Sampa’s relationship with the Director of Public Prosecutions (DPP) would impact the fairness of the trial.

Nakacinda has persistently attempted to have Sampa and PF Secretary General Morgan Ng’ona prosecuted on charges of forgery, attempted commission of an offense, and perjury. However, the Director of Public Prosecutions, Gilbert Phiri, declined to authorize the prosecution, citing his acquaintance with Sampa.

Magistrate Litiya, while maintaining his stance, reiterated that no law permits a court to review its decision in a criminal matter. This decision came despite dissatisfaction from Nakacinda’s lawyer, Jonas Zimba, who sought a review of the court’s dismissal of the complaint.

Zimba argued that the case should be referred to the High Court to address the constitutional question of whether Nakacinda would receive a fair trial, considering the DPP’s refusal to grant consent and his acknowledged friendship with Sampa.

“The question being a constitutional question is brought pursuant to Article 28(2) of the constitution,” Zimba stated. “The DPP wrote a letter declining to grant consent in a matter involving private prosecution; we contended that the procedure is alien and not known at law. We have brought it to your attention that Miles Confirms that the DPP is his personal friend.”

In response, Magistrate Litiya maintained, “I do not have authority to pronounce myself on it again. I still stand on my earlier decision; the matter still stands dismissed, and the only recourse is by way of appeal.”

This ruling further solidifies the court’s position that the case against Miles Sampa lacks legal standing. Despite Nakacinda’s persistent efforts, the legal proceedings against the PF President and Secretary General remain halted, with the court emphasizing the need for any further action to be pursued through the appellate process.

President Hakainde Hichilema has emphasized the need for Zambia to learn from developed nations on how to operate a 24-hour economy, stating that this transformation would significantly contribute to increased job opportunities and productivity in the country. The President made these remarks during a meeting with the Zambia Congress of Trade Unions (ZCTU) Board at State House.

Addressing the board, President Hichilema highlighted that current productivity levels in the country are suboptimal, emphasizing the importance of considering a shift towards a 24-hour economy. He believes that embracing such a model will not only enhance productivity but also create more employment opportunities for Zambians.

“We need to learn from developed countries how to operate a 24-hour economy. Transforming the country into a 24-hour economy will increase the number of jobs and productivity,” President Hichilema stated during the meeting.

President Hichilema acknowledged the role of labor as a critical factor in production and assured the ZCTU of the government’s commitment to addressing labor-related issues. He encouraged the ZCTU and its members to be highly productive, suggesting a venture into agriculture as part of the broader strategy to boost economic activity.

In response, ZCTU President Blake Mulala commended President Hichilema for his dedication to promoting the rule of law in Zambia. He noted the positive atmosphere in the country, where citizens and political players can freely express their views without fear of unforeseen injustices.

Mr. Mulala expressed the ZCTU’s commitment to ensuring industrial harmony, pledging to work collaboratively with the government to address labor-related concerns. The President of the ZCTU assured that their members would strive for high productivity, aligning with President Hichilema’s vision for a more robust and efficient economy.

In a statement released after the meeting, President Hichilema conveyed his appreciation for the ZCTU’s engagement on various labor matters, including debt restructuring, job creation, and the business environment. He reiterated his commitment to an open-door policy and welcomed continued dialogue with stakeholders.

“Labour is a critical factor of production, and we take their issues seriously. We thanked the ZCTU for coming to engage us on various labour matters,” President Hichilema stated in the official statement.