The Electoral Commission of Zambia (ECZ) says there can only be free, fair and credible elections when the general public, the electorates and the political parties, who are canvassing for votes in the electoral process, come together to promote peace.

ECZ Public Relations Manager, Margaret Chimanse, said there is need for tolerance especially amongst the political parties if the elections are to be held in a free and fair environment.

Speaking this morning during the Public Forum held in Kabwe at the Boma Conference Hall, Mrs. Chimanse said the recent elections held in Chilanga district of Lusaka Province was an indication that violence is coming through in some parts of the country.

She said it is for this reason that ECZ has started holding public forums as a way of sincerely talking to the electorates so as to solicit their participation, enhance stakeholder confidence and discuss the electoral process as well as correct the misinformation and perceptions that the general public may have about the Commission.

She added that the commission also wants to improve its internal processes by getting feedback and advice from the stakeholders in order for it to serve them in an effective and efficient manner.

And Mrs. Chimanse also noted that the public forum is scheduled to respond to the recommendations of the 2016-2021 ECZ strategic Plan,, the Communication Strategy and the P.R Department Election Review report, which encourage engagement of the public as key stakeholders in the electoral process.

She added that the main aim of the forum is to allow the Commission an opportunity to openly engage with various stakeholders and draw knowledge from one another on matters that surround the electoral process.

She also stated that the electoral process encompasses different phases apart from voting day including delimitation, voter registration, nomination, dispute resolution, voter education, polling day, results management and others.

The Public Relations Manager said the Commission also takes into consideration lessons learnt between elections in order to continuously improve its business and workflow processes which include internal reviews and observer mission recommendations.

She further emphasized that the Commission never lies dormant during the 5 year period of a particular regime because it has to continuously plan for other processes pertaining to elections in the country.

Meanwhile, the ECZ spokesperson has further noted that the reviews of the 2016 General Elections have fed into the planning process for the 2021 General Elections and some of these include converting polling streams to polling stations in order to increase the speed of results transmission.

She said there is also an aspect of the analysis and review of the current electoral laws vis-à-vis the Constitution as well as the construction of ramps at polling stations for ease of accessibility for persons with disability, among others.

She reiterated that ECZ remains open for any suggestions or clarifications that the stakeholders may have in ensuring that there is enhanced ownership of the electoral process even as it maintains its role of being a referee.

Mrs. Chimanse further said it is the right of every Zambian to vote in an election and as thus, every eligible citizen can contribute towards the governance of the country as governance delves into accessing social services apart from mechanisms with regards to decision-making.

Apart from Central Provinces, ECZ has conducted public forums in eight other provinces such as Luapula, North-western, Copperbelt and Western Provinces, among others.

And various stakeholders in Kabwe have welcomed the idea by the ECZ to engage the electorates as well as political parties in Kabwe on matter regarding the electoral process.

Patriotic Front Information and Publicity Secretary, Sam Lupupa, said the engagement of the general public in matters relating to the electoral process is a well thought-through idea that will provide public dialogue among the electorates.

Mr. Lupupa said the idea will equally provide a productive platform for voter education where the public can interact with the Commission and ask questions or provide feedback and advice on the operations of the Commission.

He thanked ECZ for coming up with such an initiative that will help the public to be acquainted with the Commission and its operationalisation,

And UPND Representative, Paul Sipopa, has appealed to ECZ to remain impartial in its operations by adhering to the Electoral Code of Conduct which they have generated on their own.

Mr. Sipopa said much of the violence that has been experienced in some parts of the country during the recent by-elections is as a result of the failure by the Commission to respond to the concerns of the opposition political parties who are mostly aggrieved with various issues.

He said, for instance, there have been some nullifications of some Parliamentary seats in the country by the courts of law but that the Commission which has rightly stated in its electoral code of conduct that once an election has been nullified, a fresh election is supposed to be undertaken has not done anything to assist the opposition.

He said this is the main reason why the Zambian people are annoyed and that the matter should be quickly looked into otherwise it may throw the country into flames.

Mr. Sipopa said the Zambian people expect the ECZ to operate and conduct elections in an impartial manner but that this is currently never the case because there is a lot of silence on matters affecting the opposition.

Meanwhile, the Church in Kabwe said it will remain committed to the promotion of peace and unity in the country.

Catholic Diocese of Kabwe Pioneer Secretary, Smart Kasapo, said the church however, regrets the degradation of the country’s peace and unity especially during elections.

Mr. Kasapo said the church is continuously affected by the acts of violence, lawlessness and public disorder that storm the country whenever there is an election.

He recommended that ECZ should play its leading role in the dialogue processes between political parties and ensure that they engage the church and other peace-makers so as to safeguard the peace and harmony that the country has enjoyed over the years.

He said the Church is especially saddened by the loss of lives that have been experienced in some sections of the country as a result of the violence that is being perpetuated by some political parties in the country.

Mr. Kasapo also called on the Police and other Law Enforcement Agencies to come up with stringent laws that will protect and defend the citizens especially the electoral process.

The The Swaziland Newsreports that Zambian President Edgar Lungu has been taken to court by Sean T. Tembo, the President of the Patriots for Economic Progress (PeP) over the now controversial land previously owned by Inyatsi Properties and presented to him by King Mswati as a gift.

The PeP President confirmed these developments when reached for comments by this Swaziland News publication as calls for the removal of Edgar Lungu over allegations of corruption and or abuse office intensify. Sean Tembo said as the opposition party, they strongly believe President Edgar Lungu violated provisions of the Anti-Corruption Act that restrict any public officer from receiving a gift. “Basically we took the matter to the Constitutional Court of Zambia. Our contention is that by receiving the gift, the President violated the Anti-Corruption Act of 2012, which restrict any public officer from receiving a gift. We are seeking a declaration from the court that the receiving of the gift was unconstitutional and illegal,” he said Court documents in our possession suggests that Sean T. Tembo told the court that on or round May 2018, information reached the public domain that the President of the Republic of Zambia Edgar Chagwa Lungu received land as a gift in the Kingdom of eSwatini formerly known as Swaziland.

“Further that the Republican President has plans to build a private mansion on the said land for himself and his family. My Lady this information was confirmed by official documents from the Kingdom of eSwatini, which showed that President Lungu was the new owner of the land. After massive rage and outcry from the Citizenry, who alleged corruption and abuse of office on the part of the Republican President, the Honorable Minister of Information Ms. Dora Siliya and Special Assistant to the President for Press and Public Relations, Mr Amos Chanda informed the public that the Land in issue was granted to the President as a gift by King Mswati (the King of eSwatini) in his capacity as a citizen of Zambia and as the Republican President of Zambia” read the court papers.

Sean T. Tembo further informed the Constitutional Court that shortly after the information of the gift reached the public, the Honorable Minister told the public that there was nothing wrong at law for the President to receive a gift from another Head of State describing such as “a practice of good international relations”.

“Your Petitioner as President for the Patriots for Economic Progress (PeP) and acting in the interest of the Zambian citizenry has Petitioned this Honorable Court seeking declaratory reliefs against the actions of the President. My Lady for this matter to be resolved, we invite this Honorable Court to consider the following legal issues. Whether or not, the President is a “public officer” as defined in section 3 of the Anti- Corruption Act No 3 of 2012” read the court papers.

The PeP President further invited the Constitutional Court to consider whether the provisions in the Republican Constitution defining “public officer” were intended to negate liability under existing laws or are primarily included for purposes of interpreting the provisions of the Constitution, particularly in the light of Article 92(1) of the Republican Constitution.

“The implications of section 66 of the Anti-Corruption Act No 3 of 2012 which shifts the evidential burden of proof to the public officer in receipt of a gift other than a casual gift” Sean Tembo told the court. He invited the court to interpret the law further alleging that actually President Edgar Lungu “is a public officer” as the term “public body” also includes government.

“The Republican President is a public officer under section 3 of the Anti-Corruption Act, No 3 of 2012 as he is head of Government as stipulated under Article 92(1) of the Republication Constitution. The definition of “public officer” includes a person who holds office in a public body and the term “public body” includes Government” Tembo stated in court application.

The PeP President further informed the court that a public officer is a person who works for Government adding that Article 92(I) of the Republican Constitution clearly points our clearly that Edgar Lungu “is the Head of Government” He alleged that the President obtained the property in his capacity as the Head of Government and or a public officer.
“For purposes of examining whether the purported presidential land gift violates Section 21(1)(b) of the Anti-Corruption Act, we can first of all summarize the positions by stating that the offence of abuse of office under this section occurs: When a public official uses their official positions to obtain property for themselves or another person, or when a public official uses information obtained as a result of their official functions to obtain property, an advantage or benefit” for themselves or another person” read the court papers.

The lawsuit against President Lungu comes after media reports alleging that he received land from King Mswati as a gift.

Mswati, one of Edgar Lungu’s allies rules the Kingdom of eSwatini as Africa’s last absolute Monarch and he allegedly manipulated the Constitution of that country to place himself above the law.

The land that was presented to the Zambian President as a “gift” is situated at Nkonyeni, Sidvokodvo about 50 kilometers away from Mbabane, capital city of the Kingdom of eSwatini.

It was previously owned by Inyatsi Properties, a company with links to Inyatsi Construction that has been benefiting multi-million tenders in the Kingdom of eSwatini and Zambia.

This Swaziland News publication subsequently published an investigative story that links the President to a huge Inyatsi syndicate that involves King Mswati, Swaziland Prime Minister Sibusiso Barnabas Dlamini, the late powerful businessman Victor Gamedze and Inyatsi Director Michello Shakantu among others.

Inyatsi Group Holdings operates in three separate divisions in Zambia being Inyatsi Construction Ltd, Inyatsi Roads and Inyatsi Buildings Ltd.

On another note, our sources in Zambia disclosed that moves to impeach President Edgar Lungu are in the process over serious allegations of corruption and abuse of office among others.

“There is already a motion of impeachment against him awaiting National Assembly Speaker’s go ahead” said one of our sources in Zambia.

Source: The Swaziland News

The Centre for Trade Policy and Development says it will be important for the Ministry of Mines to ensure that a comprehensive audit of the mineral wealth is conducted.

CTPD Policy Lead on Extractive and Development Natalie Mwila said a comprehensive audit of the country’s mineral wealth will help Zambia get value for the minerals worth.

Mrs. Mwila said the CTPD is also of the view that Zambia can benefit more from its natural resources by ensuring transformative change of the mineral governance system.

“While we agree that value addition to the minerals will be a key step in ensuring that there is local community beneficiation, more especially that the value addition focus will be on industrial minerals, as they are consumed locally, benefits from the sector will largely depend on the governance of it, in relations to the policies,” Mrs. Mwila said.

“Additionally, while the government through the Zambia Revenue Authority has regulations in place now for transfer mispricing, for the country to ensure more benefits from its natural resources, it is important that these are properly implemented so that the country benefits from fair tax and avoid tax dodging by the mining investors,” she said.

“This can also be ensured by evaluating the two projects (MPSP & MVCMP) that were commissioned to how these have exposed Illicit Financial Flows for example. Further the Zambian government will need to fully integrate the mineral sector into national development plans if the country is to foster sustainable development and enhance the sector performance.”

Mrs. Mwila said Zambia has a national development plan (7NDP), but no mining sector development plan despite the sector having many issues and expectation.

She observed that a sector development strategy should be a high priority if the country is to benefit more from the mineral resources exploitation.

“It is also of great need that Zambia works with other countries mining similar minerals across the African region so as to make a suitable and uniform mechanism that favors all countries. In this cause, aligning the Zambian frameworks to initiatives such as the Publish What You Pay, African Peer Review Mechanism (APRM), Extractives Transparency Initiatives (EITI) will bare great benefits. Also, other initiatives like the Kimberly Process Certification scheme (KPCS), the African Mining Vision (AMV) and many others that aim at monitoring the behavior of companies and government in an effort to increase transparency and accountability will further strengthen the sense of accountability and work towards maximizing benefit from the mining sector.”

She said, “For local communities like Sinazongwe, Mufulira and Solwezi where mining has been taking place for some time, it will be critical for government to ensure that there are measures to guard against exploitation of workers and local communities who suffer adverse effects such as displacements. Effective consultation of all key stakeholders would ensure local interest is promoted.”