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FIC public disclosure controversy may culminate in costly referendum – Green Party

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GREEN Party Presidential Candidate Peter Sinkamba
GREEN Party Presidential Candidate Peter Sinkamba

Green Party President Peter Sinkamba insists that neither Section 5 of the Financial Intelligence Centre Act of 2010 nor any other law bars the executive director of the FIC from disseminating the findings of the agency to the public and has warned that if the Patriotic Front members coerce their leaders to fire her and the Board, his party will have no option but petition the Constitutional Court to order a referendum on the issue.

Reacting to the call by senior PF members who have demanded for the removal of Ms. Tshumba and the board for disseminating the 2017 Trends Report on anti-money laundering, terrorism financing and other financial crimes, Mr. Sinkamba said the demand by PF is uncalled for and may prove costly as the country at the moment lacks financial resources to run a referendum.

Speaking to the press in Kitwe this morning, Mr. Sinkamba appealed to President Edgar Lungu not to entertain the demand by senior PF members.

“We have looked at Section 5 of the Financial Intelligence Center Act of 2010, as well as other laws and we have not found any provision that stops FIC from disseminating its findings to the public. So it goes without saying that if the Act does not bar FIC from disseminating its findings, then it is not an offence for center to do so. We have also looked at Article 5 of the Constitution of Zambia which provides that all sovereign power is vested into the people which is exercised through their elected representatives and appointed officials and that if no power is delegated to any elected or appointed official then that power is retained by the people and exercised by the people themselves through the referendum,” he explained.

“Now in this instance, we have PF saying FIC exercised our power wrongly and we are saying they exercised it rightfully. Then per Article 5 of the Constitution, this stalemate can only be resolved through the referendum. If President Lungu agrees with his members and proceeds to terminate the services of Ms. Tshumba and the Board, without following the due process which in this instance is holding a referendum on this question, then we will challenge the President’s decision in the Constitutional Court and petition the Court to order a referendum. This may be costly, and for this reason, we appeal to the President to exercise maximum restraint,” Mr. Sinkamba warned.

Green Party Media Team

Kiki releases “Catch me” music video

 

Zambian born & bred songstress Kiki released the long-awaited music video for her single “Catch Me”. The song is the title track from her debut EP which she released last year in November. All 5 songs on the EP were written by Kiki and produced by Mag44 at Radio Café. The EP features collaborations with fellow local artists James Sakala & Cactus Agony, and serves as an introduction to her sound while she continues to work on a full album.

The ‘Catch me’ music video, directed by Chloe George of Ufulu Films, features a contemporary dance routine choreographed by Namaala Liebenthal of ‘Zoca Dance’, starring dancers Frank Sinyangwe & Diana Caceres. The dancers appear as a figment of Kiki’s imagination, and are a reflection of the lyrics she is writing while sitting in a cafe.

“It’s every director’s dream to be delivered a project that tickles the heart strings and drums up instant ideas. This was ‘Catch Me’ for us. On listening to the song we instantly birthed the concept of a couple expressing a love story through contemporary dance, and fortunately we knew just the people to bring that vision to life. The ‘Catch Me’ video was rewarding to work on from start to finish. Namaala, Frank and Diana did an exceptional job of choreographing and performing the dance sequence, and Kiki’s scenes came together beautifully (despite two near-misses with the passing freight trains)!” – Chloe George, Ufulu Films.

President Edgar Lungu tours Simulumbe Research Station

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President Edgar Lungu being taken on a tour of some housing units

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President Edgar Lungu looks at cashew nuts plants

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President Edgar Lungu with Agriculture Minister Michael Katambo admire cashew nut butter

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President Edgar Lungu being shown how to start a cashew nut tree sprayer

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President Edgar Lungu being assisted to put on a cashew nut tree sprayer

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President Edgar Lungu spraying a cashew nut tree

UPND is the architect of political violence-PF Lunte MP

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Lunte Member of Parliament Mutotwe Kafwaya
Lunte Member of Parliament Mutotwe Kafwaya

The ruling Patriotic Front (PF) has accused the opposition United Party for National Development (UPND) of being the architect of political violence through it’s infamous Mapatizya formula.

Lunte Member of Parliament Mutotwe Kafwaya told Journalists at the PF Interactive Forum on Sunday at Chrisma Hotel in Lusaka that the political violance which the UPND started in Mapatizya and then taken to Mufumbwe has now become a culture in Zambia.

In order to remove the culture of violence, Kafwaya explained, there is need for all stakeholders to be engaged in finding the solution.

“We in PF are happy that president Edgar Lungu has taken the first step towards ending the culture of violence in the country by openly condemning it and has directed that the vice need to end at all cost.”

Kafwaya expected the UPND leader Hakainde Hichilema will reciprocate the call by president Lungu on the need to end political violence and direct his party to dismantle the structures of violence

He said it is important for leaders in the PF and the UPND to sit down and find a mathematical formula to end the political violence otherwise the future of this country is at stake.”

He regretted that the violence being condemned has seen people not only maimed but also injured hence his enerst call end the culture of violence in the country.

“As Zambian, we need to create the culture of peace and the thing that will make the life ease for the people.

Kafwaya also condemned the culture of political tribalism being nurtured in Zambia today saying the trend has the potential to divide the nation.

“Like the culture of violence, political tribalism is causing the people to shun some political parties they are reduced to being mere spectators.

He said the PF under president Lungu arbor the culture of political tribalism.

He also indicated that President Lungu is like by the people of Zambia because he has demonstrated the kind of leadership the country need.

He said come 2021, president Lungu will win the election based on his performance.

He advised the people resisting the decision of the ruling party to endorse president Lungu to be the party’s preferred candidate for 2021 to begin build their capacity to win an election.

Kafwaya is confident that the people of Zambia will give president Lungu because he has demonstrated his capacity that not only to unit the country but also to develop the country.

Sunday Chanda
Sunday Chanda

And speaking at the same function, PF media director Sunday Chanda told the UPND president Hichilama to listen to the call his members has been making for the national convention so that the leaders can get fresh mandate.

He also denied claims by the UPND leader that the PF has a hand to the call by his members for the UPND leaders to seek fresh mandate from the people.

He said the UPND has constitution which demand that, the party call for regular convention.

According to Chanda, the UPND is in breach of not only the party and the national constitution regarding intra party Democracy.

He expressed shock that Hichilema is not moved by the call for convention to elect new leaders.

He said the silence in UPND over the people that want the convention would soon explode because not everyone one is in UPND is happy with HH way of politics.

He claimed that Masebo after making pronouncement of the convention is under attack along with GBM and Nalumango.

Chanda also condemned the attack on the media house that made their way to the totaling centre in the just ended Chilanga parliamentary by election.

He said there was no need for the UPND cadres to attack the Journalists because they are non partisan

He said the UPND does not care about the safety of Journalists and that is why no one from the top party leadership that condemned the attack on Journalists.

Chanda also denied that lose of UPND in Chilanga was about the bad choice of the candidate and not the competition as claimed by the UPND leader.

He thanks bad leadership of HH that the PF has grabbed Chilanga and will enter in the UPND stronghold.

He claimed that there is no growth in the UPND and the UPND is currently on it’s race to the bottom.

He asked the people on UPND were not born to save HH but to be co-leaders.

ECZ announces Campaign and Nomination dates for Mayor Elections in Lusaka

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The Electoral Commission of Zambia has set Tuesday 26th June as the date for the begining of campaigns for the Mayoral elections in Lusaka and Council Chairpersons’ elections in Chasefu, Chipangali, Kasenengwa, Lumezi, Lusangazi and Chifunabuli districts.

In a statement released to the media, ECZ said that the campaign will start after 15:00 hrs on Tuesday and end at 18:00 hours on July 26th.

The Commission also that nominations for aspiring candidates for the Lusaka Mayor, Council Chairpersons in seven districts and Councillors in six wards will be conducted on Tuesday 26th June, 2018 from 09.00 hours to 15.00 hours.

The by-elections in the six wards have been necessitated by resignations and deaths of Councilors.

The commission has since advised aspiring candidates in the Mayoral and Council Chairpersons’ elections to lodge completed and attested statutory declaration and nomination papers subscribed before a Magistrate, Local Court Magistrate, Head of a Government Primary or Secondary School, Principal of a College, Commissioner of Oaths, Election Officer or Returning Officer on Tuesday, 26th June, 2018 between 09:00 hours and 15:00 hours.

Aspiring candidates for the Lusaka District Mayoral elections and those for the Council Chairpersons in Chasefu, Chipangali, Kasenengwa, Lumezi, Lusangazi and Chifunabuli districts should take along with them fifteen (15) supporters who must be registered voters in the respective districts.

While aspiring candidates in the Local Government ward by-elections should take along with them nine (9) supporters who must be registered voters in the affected wards.

And aspiring candidates for the Lusaka District Mayoral election will be required to pay Seven Thousand Five Hundred Kwacha (K7,500.00) non-refundable nomination fee.

Aspiring candidates in Chasefu, Chipangali, Kasenengwa, Lumezi, Lusangazi and Chifunabuli districts Council Chairpersons elections will be required to pay Two Thousand Kwacha (K2,000.00) non-refundable nomination fee.

Aspiring candidates for the wards by-elections will be required to pay Seven Hundred and fifty Kwacha (K750.00), for City and Municipal Councils and Four Hundred Kwacha (K400.00) for District Councils non-refundable nomination fee.

UNZA harboring criminals-Lusambo

Lusaka Province Minister Bowman Lusambo has charged that the University of Zambia Great East road campus is harboring criminals going by some students riotous behavior.

Commenting on Saturday’s riots that erupted following a 10 minute power failure at the institution, Mr Lusambo said that type of behavior is synonymous with criminals and not intellectuals.

He said he will be having a meeting with UNZA management on Monday to get to the bottom of the issue and identify those that took part in the riots so that they could be dealt with.

“As Minister responsible for Lusaka Province, I wish to firstly apologize to the residents of Lusaka and specifically to those motorists who were caught up in the disturbances occasioned by the unruly students. I further wish to sternly warm the students that I will not tolerate such levels of irresponsible behavior in the province,” Mr Lusambo said.

UNZA Great East Road stretch after the riots
UNZA Great East Road stretch after the riots

“As intellectuals, the students are expected to understand and appreciate the level of investment that the Zambian people through government are making to enable them stay in school. They should therefore not exhibit their ingratitude using such archaic methods. I wish to point out that road protests by student populace is an old and tired method of expressing displeasure.”

He added, “In the year 2018, students world over are not expected to be running battles with police, burning tires and destroying private and public property. Students are expected to be engaging the university management and other authorities on a round table whenever disagreements emerge. This is a modern and proven way of resolving issues. Power outages occur everywhere even in developed countries and could be caused by a variety of reasons. What the students ought to have done, was to engage relevant authorities to find out what caused this particular power failure.”

Mr. Lusambo observed that rushing to be streets to protest over a less than 10 minute power disturbance shows the kind of society that Zambia is breeding.

“We are breeding a society of stupid, spoilt, entitled and irresponsible children who do not take time to analyze issues before they act. It now remains the duty of parents and guardians to inculcate national values, ethics, patriotism and principles in the minds of these children. Please help society by raising responsible children before you send them out to university,” Mr. Lusambo said.

“Going forward, my office will work closely with law enforcement agencies and university management to ensure that unruly students are rooted out of campus. The Government of His Excellency Edgar Chagwa Lungu desires a harmonious learning environment and will not condone stupidity from those that are receiving assistance in the pursuance of their education. I therefore wish to warn the students that as Minister for Lusaka Province, I will not tolerate such types of actions that seek to disturb public peace and order.”

Ministry of Finance should place immediately newly recruited Medical Doctors on payroll-NDC

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Mwenya Musenge
Mwenya Musenge

The opposition National Democratic Congress has implored the Ministry of Finance to immediately place newly recruited Medical Doctors on payroll.

NDC General Secretary Mwenya Musenge said revelations that 200 newly recruited Medical Doctors have not been placed on Government payroll makes sad reading.

Mr Musenge further regretted that the affected recruits have gone for seven months without pay.

He feared that the failure to place the recruits on payroll might exercebate the lbrain drain.

“This inability to look after medical Doctors will no doubt discourage those in the diaspora from returning home. Equally, graduating Medical Doctors will not find it attractive to work for Government,” Mr Musenge said.

“This will in turn deny poor Zambians access to quality Health particularly those in rural areas. We challenge authorities at the Ministry of Health to be on top of things and resolve this matter.”

Mr Musenge said the Permanent Secretary in charge of Administration at the Ministry should be seen to be above board in the manner staff matters are being handled.

He charged that there is no compiling reason why Government should have difficulties in paying newly recruited staff because all replacements and recruitments in the civil service are properly planned and budgeted for.

“The failure to place Medical Doctors on payroll therefore opens up a lot of speculation. Could it be that this Government is broke? We have information that Medical Doctors are not the only recruits affected in this mess. Dozens of other medical staff such as nurses, clinicians and radiographers are also affected.”

Mr Musenge stated that this carder of medical staff have not been placed on payroll for close to one year now.

“The Ministry of Education also has a tall order of teachers outside the payroll. We challenge Government to come out in the open and explain why it is failing to remunerate its workforce. The NDC has information that Government has challenges in raising money for salaries for civil servants. We first brought out this issue three months ago. The Treasury has never responded over this matter,” he said.

He added, “It is not a conspiracy that since January this year, Government has been delaying the payment of salaries for public service workers. The high debt burden is hindering Government from fully meeting It’s obligations. No wonder as NDC we have always discouraged this regime from contracting unnecessary loans. Very soon, we shall have a scenario where civil servants will go for months without pay.”

Mr Musenge said the debt burden has overwhelmed Government and is now hindering service delivery.

He also demanded for clarity from the Public Service Management Division on this matter.

“PSMD should explain what has necessitated the failure to place newly recruited officers on the payroll. PSMD does not recruit officers in abstract. PSMD recruits and replaces staff based on submissions from line Ministries. This is done in liaison with the Public Service Commission.”

Calls for leadership change in UPND are part of PF propaganda-HH

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UPND President Hakainde Hichilema
UPND President Hakainde Hichilema

Opposition UPND Leader Hakainde Hichilema has dismissed that the UPND should have a leadership change.

Mr. Hichilema said such calls are part of the PF propaganda aimed at diverting people’s attention.

He said the calls are a scheme by the PF to further destabilize the opposition.

Mr. Hichilema has since described the calls that the UPND should undergo a leadership at all levels of the party as cheap propaganda.

Mr. Hichilema said that all UPND members are aware that the party will hold its party convention when the right time comes.

Mr. Hichilema said that the members who have been calling for a change of leadership in the UPND are been sponsored by the ruling party to stir confusion.

He said it is insincere to link the party’s recent loss in the Chilanga Parliamentary by-election to to the perceived leadership challenges facing the UPND.

But PF media director Sunday Chanda has urged Mr. Hichilema to listen to the calls from his members to hold a national convention.

He also denied claims by the UPND leader that the PF has a hand in the call from UPND members for the leaders to seek a fresh mandate from the people.

Mr. Chanda said the UPND has a constitution which demands that the party holds regular convention.

He charged that the UPND is in breach of not only the party’s but the republican constitution regarding intra party democracy.

He expressed shock that Hichilema is not moved by the call for convention to elect new leaders.

He said the silence in UPND over the people that want the convention would soon explode because not everyone one is in UPND is happy with his way of politics.

Mr. Chanda claimed that Sylvia Masebo is under attack along with Geoffrey Bwalya Mwamba and Mutale Nalumango after making pronouncement of the convention.

Lusaka APEX and Cavendish Universities ordered to stop offering health related courses

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Apex University
Apex University

The Health Professions Council of Zambia has withdrawn the approval certificates for some health related programmes which are approved and recognized by the Council being offered at Lusaka Apex Medical University in Lusaka and Cavendish University.

The withdrawal follows serious violations which were discovered at the last monitoring compliance which was conducted on 17th October 2017 after which HPCZ wrote to the affected institutions to address the violations but that the last inspection conducted on 21st may 2018 still revealed serious violations than those discovered earlier.

Council Registrar, Dr. Aaron Mujajati told a media briefing on Sunday that for Apex University, the programmes withdrawn are Bachelor of Science in Pharmacy and Bachelor of Science In Radiography on grounds that the Dean does not have a post graduate qualification and the school having 740 students against 5 Full Time Lecturers, four of whom do not quality to teach among other reasons.

“The Health Professions wishes to inform the general public, stakeholders and students about the withdrawal of approval certificates for training programmes which are offered by Lusaka Apex Medical University. We have withdrawn two programmes at Lusaka Apex Medical University namely; Bachelor of Science and Pharmacy and Bachelor of Science and Radiography,” Dr Mujajati said.

For Cavendish University, the Certificates withdrawn are for Bachelor of Medicine and Bachelor of Surgery and Bachelor of Sciences in Clinical Sciences on grounds that some teaching staff do not have HPCZ practicing certificates, while the University has no policy on Occupational Health and Safety and does not have laboratories at the campus among other reasons.

“We have withdrawn three programmes from Cavendish University namely; MBCHP which is Bachelor of Medicine and Bachelor of Surgery which is a qualification which people obtain to become doctors. We have also withdrawn the Bachelor of Science and Chemical medicine and Bachelor of Science in Public Health,” he said.

“A bit of the background is that before these programmes were withdrawn, the Health Professions Council last year did conduct compliance monitoring exercise in these facilities or in these training institutions. And at that time, these major violations were actually found the training institutions were given an opportunity to address those violations. And they were given adequate time to deal with the violations that were found then and the inspection at that time was done in October last year. And the schools were informed that at a given date, the council come back to check if they had addressed these problems. Unfortunately the ongoing compliance inspection unearthed that the schools did not do much to address these problems.”

He said that the two institutions failed to meet compliance levels in the withdrawn programmes despite being given enough time to do so.

“Some of the problems if you take Lusaka Apex Medical University like the programme under Pharmacy, you will find that the dean does not have post graduate qualifications which is against the standards of the council. The Coordinator of the course does not have the required five years teaching experience. The Institution has over enrolled students up to 740 students against five full time lecturers, four of which are not qualified to teach Pharmacy. And they have inadequate sitting capacity in the Library, inadequate prescribed and recommended books, no clinical instructors available for the students and the laboratory does not meet the required standards. It’s the same if not similar picture with the programme under Bachelor of Science in radiography. The major problem there is that the Dean is part time and his qualifications are unknown. And there is only one full time lecturer,” said Dr Mujajati.

At the same briefing, HPCZ Legal Counsel Frank Lungu has indicated that the Council will take legal action against Cavendish and Lusaka Apex Medical Universities.

Zesco United and Green Buffaloes escape with draws

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Leaders Zesco United and second placed Green Buffaloes survived scares on Sunday to salvage draws in their receptive 2018 FAZ Super Division Week 16 games in a doubleheader at Nkoloma Stadium in Lusaka.

The defending champions Zesco drew 1-1 against 14th placed hosts Red Arrows but needed a stoppage time equalizer from Wnston Kalengo to maintain their one point lead on 36 points.

This is after ex-Zesco midfielder Justin Zulu put Arrows ahead in the 14th minute.

Meanwhile, Buffaloes are a point behind on 35 points following a similar draw against improving promoted side New Monze Swallows.

George Chilenga put promoted Swallows ahead in the 19th minute and it stayed that way until the 88th minute when his namesake George Ngoma levelled for Buffaloes.

Buffaloes have 35 points while Swallows unfortunately stay bottom after picking up four points from their last two games on 9 points.

WEEK 16 RESULTS

09/06/2018

Nchanga Rangers 0-National Assembly 1
Green Eagles 1-Buildcon 0
Nkwazi 0-Nkana 0
Kitwe United 2-Zanaco 4
Nakambala Leopards 1-Lumwana Radiants 1
Lusaka Dynamos 1-Forest Rangers 0
Kabwe Youth Soccer Academy 0-Napsa Stars 0
Kabwe Warriors 1-Power Dynamos 0
10/06/2018
Green Buffaloes 1-New Monze Swallows 1
Red Arrows 1-Zesco United 1

Shepolopolo qualify for 2018 Women’s AFCON

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Shepolopolo have avenged their brothers’ 2018 COSAFA Cup defeat by qualifying to the 2018 Women’s AFCON tournament after a beating Zimbabwe away at Rufaro Stadium in Harare on Sunday.

Shepolopolo beat Zimbabwe 2-1 to finish 2-2 on aggregate and win on away goals rule.

Zimbabwe beat Shepolopolo 1-0 in the first leg played at Nkoloma Stadium in Lusaka last Wednesday.

Rutendo Makore put Zimbabwe ahead in the 45th minute to score her second goal against Shepolopolo after netting the lone goal in Lusaka.

But Helen Chanda equalized in the 54th minute before Barbara Banda clinched the winner in the 87th minute.

It was Banda’s third goal in the qualifiers and ends as Shepolopolo’s top scorer in the race to Ghana.

Meanwhile, it is the first time Zambia have qualified ahead of Zimbabwe after the latter beat them to the 2016 tournament.

PF calls for disbandment FIC board and dismissal of its Director General Mary Tshuma

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Financial Intelligence Centre (FIC) director-general Mary Tshuma
Financial Intelligence Centre (FIC) director-general Mary Tshuma

Patriotic Front Deputy Media Director Antonio Mwanza has called for the disbandment of the board of the Financial Intelligence Center (FIC) and the dismissal of its Director General Mary Tshuma.

Mr. Mwanza argued that by publishing intelligence information in breach of the FIC Act Ms. Tshuma and her board, have abused the Authority of Office and misconduct themselves professionally, adding that Ms. Tshuma must in fact be reported to law enforcement agencies for Abuse of Authority of Office and professional misconduct, which included calling for a conference to divulge intelligence information to the public.

Mr. Mwanza said that FIC was the creation of government which has the duty to receive information from financial institution and make recommendation to Government for action and not to release to the public.

Mr. Mwanza said that the information released by the FIC is not actionable in the courts because they are based on rumors and suspicion.

“The information received by the FIC should not have been taken to the public but the government with specifications on the finding.”

Mr. Mwanza claimed that the action by the FIC is an act of abuse and profession misconduct.

“For this reason, we call the board to be disbanded for failing to honor it’s job and it’s director must be taken to court to answer charges for professional misconduct.”

Mr. Mwanza added that FIC Director General not only alarmed the public offenders but also made the fight against Corruption difficult, adding that it was wrong to suggest that the $4.5 million stolen when there is no proof the money was stolen.

Mr. Mwanza said the PF has put practical measure to fight corruption and has signed a law that will make the Auditor General to report directly officials that are linked to crime

Green Party Concerned that President Donald Trump has wrong trade data for Zambia

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As the Green Party, we are worried that President Donald Trump has wrong trade data for Zambia. As will be noted on the official website for the Executive Office of the President of the United States of America, the data reflecting Zambia is for Zimbabwe.

This development is extremely worrisome to us as the Green Party because it is evidence we have incompetent people running the country. Why should such a grave mistake happen when the country has a trade attache in the USA? Why should it happen when President Edgar Lungu has a special assistant in charge of economics and trade? Why should such a farce happen when we have a fully-fledged ministry of commerce and trade with competent staff who should on daily basis monitor global trade trends and accordingly advise government?

If I were in-charge of the country, a number of officials at State House, US Embassy in Washington DC, and at the ministry of Commerce and Trade would have been fired as a consequence.

It is shocking that despite the current threats to multilateralism and global trade through Trump’s “America First”and unilateral breach of WTO rules on trade tariffs, the PF Government has paid a blind eye to Zambia’s trade relationship, and trade data with the US.

We urge the PF Government to come out of slumber and develop a Trump strategy before he directs his “America First”arsenals towards our direction. If he can, with impunity embark on a trade war with Canada and EU, who traditionally are America’s closest allies, would he really hesitate to withdraw the assistance to Zambia?

The United States assistance, which is estimated at US$ 250 million per year, focuses on improving health with a particular focus on women and vulnerable children; reducing the incidence and impact of HIV/AIDS and other illnesses; increasing agriculture-led economic development to reduce rural poverty, food insecurity, and malnutrition; mitigating climate change and wildlife trafficking; raising education quality and learner reading performance; and advancing civil society, governance, and human rights. The US also supports government’s efforts to root out corruption.

Zambia is a beneficiary of the African Growth and Opportunity Act (AGOA) and a variety of technical assistance and other support that is managed by the Department of State, US Agency for International Development, Millennium Challenge Account (MCA), Centres for Disease Control and Prevention, and other agencies. The bulk of US assistance to Zambia is provided through the President’s Emergency Plan for AIDS Relief (PEPFAR), in support of the fight against HIV/AIDS.

We once again urge President Edgar Lungu, and his PF government, to promptly develop a “Plan B” strategy to confront the reality of Donald Trump’s “America First” policy otherwise, sooner rather than later, our great country may suffer grave consequences.

Yesterday at the G7 Meeting in Canada, Trump made it clearer that ever before: “We’re like the piggy bank that everybody’s robbing. And that ends”, he said. Man can never be any clearer than this. Those with ears have heard.

Peter Sinkamba
President

ECZ will accept nominations from serving councillors

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The Electoral Commission of Zambia has set 26th June, 2018 as nomination dates for mayoral and council chairpersons by elections in Lusaka, Kasenengwa, Chasefu, Chipangali, Lumezi, Lusangazi, and Chifunabuli Districts, two days before the Constitutional Court hear the question on serving councillors in affected districts.

The good news for political parties and councillors is that ECZ is prepared to accept the nomination of any councillor who is adopted by any party or decides to run for these elections without requiring a councillor/deputy Mayor or Vice Council Chairperson to resign their positions.

The Constitutional Court, one of the highest court in the land will on 28 June, 2018 will now be limited to determining whether a councillor who wins mayoral or council chairperson elections would have to resign at all.

ECZ has already filed before the Constiturional Court that only Members of Parliament are the ones not eligible to contest elections, a position that has now created a level-playing field between serving councillors and non councillors to contest mayoral and Council Chairperson elections.

Shortly after ECZ filed their position before the Constitutional Court, the Commission proceeded to announce nomination and elections dates for elections, paving way for councillors, deputy mayors and Council Chairpersons who intend to run for these elections to do so, without any need for them to resign.

State institutions in Zambia don’t wait for the Courts to decide a matter which is before Court before they could proceed with discharging their mandate. ECZ had upto August 16, 2018 to conduct mayoral by elections for Lusaka.

The Courts in Zambia also operate in their own world. They care less about whether processes are turned into academic exercise or not. When the Law Association of Zambia (LAZ) had moved the Court to order that Ministers vacate from office during time petition was filed, it was the Court that protected the ministers and refused to grant that order. However, shortly before the 2016 general elections, the same Court ruled that ministers had stayed illegally and ordered them to pay back, when they had watched them stay and refused the LAZ applications for them to leave. The result is here to be seen today as to who has paid back even a ngwee.

That is why it was strategic for those who petitioned President Lungu’s eligibility to stand again in 2021 to do so many years before the 2021 general elections because time doesn’t wait for anyone. It was also strategic that the question of councillors was put before the Court and ECZ had to explain to the Court, paving way for councillors, deputy mayors or vice chairpersons who intend to contest to do so.

Basically, the decision of ECZ to announce election dates after it filed its position in the Constitution Court has opened up an opportunity for every councillor, deputy mayor or council chairpersons to run for forthcoming elections without them resigning, and where the person wins an election, it will depend on what the Court will have said to determine whether they can hold a seat as ward-based councillor and at the same time as a mayor or council chairperson.

By Isaac Mwanza