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Kabwe Chamber of Commerce and Industry (KCCI) president, Christabel Ngongola, has urged government to invest into the Zambia Railways Limited (ZRL) infrastructure to make it competitive and efficient.
Ms Ngongola says following the introducing of the SI number 7 of 2018, there was need for government to invest more in the railway firm as it is the bloodline of the country’s economic system which she said lies in the heart of a proper and well-functioning transportation system.
ZANIS in Kabwe reports that Ms Ngongola was speaking at Tuskers Hotel in Kabwe last evening during a sensitisation cocktail function on the Statutory Instrument number 7 of 2018.
“SI has been received with a lot of apprehension and that it is important to raise awareness among the major stakeholders in the transport sector, “ she stated..
She said the enactment of the new legislature is an indication that ZRL is going through a facelift and that it is important for businesses to oblige with the law.
However, she said ZRL needs major infrastructural investment and urged government through the responsible ministry and other financiers to weigh in that direction.
Ms Ngongola urged the government to continue providing an enabling business environment to ensure sustainability of both new and existing industries in Kabwe.
And Zambia Railways Limited (ZRL) Chief Executive Officer (CEO), Christopher Musonda, said the SI has been controversial and brought anxiety in the chambers and business.
Mr Musonda said the SI will make Zambia competitive and the preferred investment destination in the region.
He said ZRL Zambia has a choice because she is the hub of the sub Sahara Africa by solidifying her position.
He added that ZRL has held a series of high level sensitisation meetings to build the capacity and answer the touch questions that are being asked.
Meanwhile, Central Province Minister, Sydney Mushanga, says the provincial administration is in full support of the Statutory Instrument (SI) number 7 of 2018.
The instrument will ensure 30 percent of bulk cargo moves onto rail from road to increase lifespan on roads and this move is expected to improve.
Mr Mushanga says the new legislature brings on board numerous economic benefits to only Central Province but the entire country.
The minister said the introduction of the SI 7 by government guarantees additional tonnage to Zambia Railways Limited (ZRL) and increased revenue for the company.
He said ultimately this will lead to the restoration of the country’s rail market shares that ambiguously currently stand at five to eight per cent.
ZANIS in Kabwe reports that Mr Mushanga said this in a speech read for him by Kabwe District Commissioner (DC), Dominic Mulenga during a sensitisation meeting on new legislature that was held at Tuskers Hotel in Kabwe last evening.
“ This is a sharp contrast to the road sector that commands the lion’s share of about 92-95 per cent, “ he said adding that : “ of the 95 per cent, over 90 per cent has been taken up by foreign truckers depriving the country of the much needed revenue.”
He observed that the SI 7 by virtue of reducing the cost of doing business through the optimization of all transportation modes will also make the country more attractive for investments.
“ The reducing of the number of trucks will further ensure the roads are sustainable and safe that will see government save a lot of money that is currently being spent on roads maintenance and rehabilitation, “ he said.
Mr Mushanga noted that the move will also see reduction in accidents and carnages on the country’s major roads thereby avoiding the resultant costs.
The minister hailed the efforts ZRL has made with other rail companies in the region that include the acquisition of extra rolling stocks and track rehabilitation alongside investment in communication technology.
He thanked ZRL board, management, the union leadership and staff for effecting the SI.
Mr Mushanga urged industries to support ZRL in the implementation of SI number 7 of 2018 as it will promote job creation, poverty reduction and increase the country’s Gross Domestic Product (GDP).
POLICE in Lusaka have finally charged Fresher Siwale with defamation of the president, three days after he was apprehended for calling President Edgar Lungu an identity fraud.
Siwale, the New Labour Party president, was on Tuesday afternoon arrested and detained for questioning President Lungu’s identity.
Siwale was warned and cautioned at 16:40 hours on Friday before he was formally arrested in the presence of his lawyer Mulenga Mutamfwa of Keith Mweemba and Associates.
The opposition leader says the President is Jonathan Mutaware and not Edgar Chagwa Lungu, whom he claims is deceased.
He has gone to the extent of producing a photocopy of a National Registration Card number 216992/67/1 in the names Lungu Edgar Chagwa, which was obtained in 1973.
The NRC has a picture of a full-grown man resembling President Lungu, who was only 17 at the time the document was issued in Kitwe.
Earlier before being charged, Siwale collapsed in police cells at Lilayi Police Training College where they went to hide him after he was kept without food all day and night.
Zambia is today marking the 25thanniversary of the Gabon Air Disaster that killed the Senior National Soccer Team in 1993.
The fallen heroes were on the way to Senegal for a 1994 World Cup qualifier match when their plane plunged into the Atlantic Ocean near Libreville, Gabon.
Family members, Government officials, FAZ officials and fans have been laying wreaths at the Heroes Acre located outside the old Independence Stadium.
FIFA president Gianni Infantino has described the Gabon Disaster as one of the darkest events in World football.
In a message to FAZ, Infantino said:”Today we commemorate one of the darkest hours in the history of our sport.”
“On behalf of the members of the international football family, I would like to express my deepest sympathy on the 25th anniversary of the Gabon Air Disaster. It is a day to remember and to honour those who sadly lost their lives in this traged,” Infantino stated.
By Evaristo Mupeta
The right fore finger raised and his twinkling eyes looking at the mammoth crowd gathered on a hilly place called Buntungwa Park in Chingola’s Nchanga North township Dr Kenneth Kaunda’s musical voice resonated with great persuasion and power.
It was mid 1980 and Zambia was in her 16 th year of independence.I was a 22 year lad and politically conscious -and as is characteristic of youth- with rebellion of some sort. But not a rebel to absent myself from the rally of that day. Buntungwa Park (Buntungwa meaning “Freedom”), a large portion of land, at its lowest slope with a rectangular open shed with an elevated dais built from concrete stones and the shed’s roof of corrugated iron sheets, constructed specifically for capacity gatherings was just hundred and fifty metres away and very visible from my home. I could not miss the meeting, not when the speaker was Dr Kaunda or KK as we fondly called him, the president of our country.
Now ,thirty eight years later I can still recall some of the things Dr Kaunda said.Apart from reaffirming Zambia’s support for the liberation struggle in Southern Africa he lashed out at the critics of the government. I remember that one of the national newspapers the following day carried a front page caption like this:’Kaunda Whips Idiots.’
December 1985:Dr Kaunda Invites Us To State House
While at Mufulira Teachers Training College(MTTC) where I was pursuing a primary school teachers course, I was the president of the College’s Student Representative Council(SRC) and was one of the two student leaders of our college privileged to travel to State House for the meeting held in one of the lounges of State House. Whichever position seated at each one of us students had proximity to him though he was in front with some of his aides. The furthest distance the student leader who sat at the back from Dr Kaunda was a mere ten metres. The nearest distance of those who sat in front of Dr Kaunda was one metre. None of us could be distracted from having a clear view of him any way. We the student leaders from all of the higher institutions of learning in the country numbered just twenty five or so. It was an eye to eye meeting.
After he had warmly welcomed us Dr Kaunda gave a short keynote speech and then asked members of the press to leave.
In his speech he said that he had officially stopped visiting the University of Zambia(UNZA) because the students of that institution who he regarded as his children had been hurling insults at him. After his opening address the president sat down. He asked the student leaders of each institution to stand , go to the front close to him and mention the problems they were facing. The UNZA Great East Road campus president was the first one to speak after which Dr Kaunda commented on what the student leader had presented. Then the UNZA Ridgeway campus was the second to present the grievances followed by the same routine of Dr Kaunda making his own comments. As he did so some of the UNZA student leaders were interjecting to what he was saying. What we had in defiance, he also had in much diplomacy. Our art of confrontation he met with consultation. Third was Evelyn Hone College (EHC) students.
By the time the EHC leader had spoken and Dr Kaunda given his remarks the deliberations had devoured all of the time allotted for the meeting. It was lunch time but some of us from other institutions of learning had not yet spoken. Then Dr Kaunda in a magnanimous manner intervened: we would reconvene after lunch to continue the meeting. That was Dr Kaunda, he was for fair play-he could breach protocol because he wanted emotive issues to be discussed exhaustively.
It was an outdoor lunch. With our host Dr Kaunda leading the way we left the State House lounge to descend the stairs, we walked on the green manicured lawn to go beneath a large tree where we would eat. The chef had done the best to prepare a delicious and sumptuous three course meal perfectly laid on the tables. Our adjourning for lunch added to his friendliness and courtesy. There were no inhibitions; some of us as soon as we had finished eating went to Dr Kaunda and chatted with him briefly. It was self service lunch. It was hospitality at its best to see Dr Kaunda hand a plate to each one of us. It was hilarious. It was an invitation we honoured, it was an invitation we enjoyed.
January 1986: Speech To My Fellow Students
On Sunday January 19,1986 after coming back from State House,superior to the inspiration from Dr Kaunda,I delivered to a packed student audience of my college, Mufulira Teachers Training College(MTTC) a speech calling for the implementation of radical student reforms including giving union status to the institution’s Student Representative Council (SRC) and improvement in diet. Unlike that day I had gone to listen to Dr Kaunda’s speech at the park, the real rebellious me came out. I could be defiant and differential when convinced I was doing the right thing. As summer’s heat easily percolated through the large windows of our rectangular college hall twenty metres away from the Mufulira- Kitwe Road, my audible voice in crescendos reached out to the 300 fellow students present. Everyone was attentive, applauding cheerfully whenever I scored a point. It was eloquence irresistible to none, none at all. Sharp ,elaborate and tingled with a persuasion that would have have motivated the listeners to take the corresponding action almost there and then; and for the larger part darting my shiny brown eyes from one part of the audience to the other as if it was not a prepared speech. But the speech which I had laboured to prepare myself was there with me on the pulpit.
December 1980:First Time to State House At Dr Kaunda’s Invitation.
I had been to State House before when Dr Kaunda invited us in December 1980 while attending the United National Independence Party(UNIP) Youth League Congress at Chongwe Secondary school. His presence was captivating not so much that we were staunch Party cadres as his inherent spirit and charisma as a great leader to inspire. When he hammered a point it was just irresistible for us to stand up and cheer. Our President had spoken; we applauded in cheers that echoed through the semi rural town of Chongwe. We cheered not because we had much energy as young people but because Dr Kaunda had spoken with wisdom.
Each one of us, the one thousand five hundred delegates, when we went to State House ate a good meal, however perhaps unmindful that the funds disbursed on our food had tore a hole into the national coffers, for the money was not paid by UNIP itself but by the government. The party was the government and the government was the party in those years hence the formal connotation,”The party and its government” in all that was being said and done during that time. That inseparability between UNIP and the government made UNIP’s actions no less detrimental as of making the party the unchallengeable accessor to state funds.
We had a socialist –and communist way of running the government- and communism in its indoctrination had pampered us really bad on how not to clearly distinguish between government resources and resources of the party.
The problem with communism is that everything is the same.Blue is black.Red is black.White is black-one unchangeable colour.Even the suppression of people’s basic human rights communism is not irked to see the illegitimacy of such oppression.
We returned to Chongwe, to the politics of sycompancy and slogeenering of the typical one party era we had enmeshed ourselves into.It was campaign time for a new national Youth League executive committee. We started campaigning and some of us being the young people we were our voices became charged with making noise (‘icongo”) which for its meaninglessness simply got drained in Chongwe’s streams.
Part 2:The Impact Of His Economy
If as pupils we had the eagerness when I started grade one at old Nchanga Primary School in Chingola in 1969 to have our exercise books marked we had also the mischief of peeping outside our classroom windows for a Dairy Produce Board(DPB) vehicle that daily brought packets of blue pyramid shaped fresh milk for each one of us pupils to receive freely during breaktime. After drinking the milk from the packets as we gazed at the clear African sky if it was summer we returned to the classroom more keen to learn and -sometimes to be boisterous but not the boisterousness our class teacher Mrs Mwenya who had the authority of a cop and a mother’s mercy could not handle.
December 1986:
On successful completion of my primary teachers course at Mufulira Teachers’ Training College(MTTC) (Remember I said earlier on that I was at MTTC) –thanks to Dr Kaunda for the free education he rolled out nationally from grade one to university levels- I gladly boarded a minibus back to Chingola my home town.
Alas, it was not the Chingola of the cleanest status in the whole country that I knew of, I found:
Chingola,my Chingola its charcoal black tarmac roads were littered with garbage and debris of glasses and assorted merchandize abandoned here and there.
Chingola,my Chingola, the conveyer belt,the smelter,the workers’ alleys, the tunnels, the roads,the machines in the entire mining premises that gave Chingola the distinctiveness-and proud as a thriving copper mining town, were as silent as graveyards and tools long abandoned. Production of copper stalled-an enormous loss of foreign exchange was recorded.
Chingola,my Chingola I mourned to see the desolation that now prevailed in the town of my upbringing.
People had been rioting against the party and its government’s withdrawal of subsidies on meal mealie(Zambia’s staple food), a situation that had now caused the increase in the prices of the commodity.
Instinctively, my mind, like a newly bought Ford Cortina over speeding on the Kitwe-Ndola Road retraced memories of Mr Jason Kafula who was my Civics teacher at Chingola Secondary School, one of the best high schools in the country, a school I shall always feel proud to have been at from form one to form five(1977 to 1981). Ask me if as a new student I suffered the scornful attitude by some of those in forms higher than me of being called “Zeze”-the demeaning name for a fresher of our high school I would assert in the negative. In my own right I can say-and in an unassuming way that I oozed confidence, leadership and intelligence as soon as I first entered the gates of that school. For three years running, I was one of the brightest pupils in Civics and in History and chosen to serve as class monitor in form three. But I struggled in Mathematics and Pure Sciences. Yes, I had my own peculiarity which was why, I believe, they appointed me the headboy of the school from 1980-1981.
With the lessons in public speaking our school’s Current Affairs and Debating Club of which I was a member had been drilling into me, and now having the urge to pioneer the formation of a UNIP Youth League branch at our school asserting myself as a boy of precociousness was just a matter of time.
Then it happened:my deep appreciation to our headmaster Mr Victor Lupeta who gave me permission to address my fellow 1, 200 students on the Friday morning of 21 March 1980-a sunny morning ,during the routine assembly. In a speech about the importance of having the UNIP Youth League at Chingola and characterized by my high,electrifying and authoritative voice it took just a minute into the speech to hold the students spellbound. By the time I had finished speaking after about six minutes later the crowd had en masse thunderously applauded more than eight times, then at last gave a prolonged applause .The delivery of that speech transitioned me into the realm of being rated by all as an outstanding public speaker.
From that Friday I gave the speech it became the strong conviction of the school authority and the student community as a whole that come October seven months later when the headboy was chosen I would no doubt be the one to occupy the position.Thank God- truly, the school authority’s decision to choose me as the headboy was overwhelming,not me calling the headboyship to myself.
Me, the lover of public speaking as William Shakespeare loved the sonnets.Me, the lover of Shakespeare’s works no less the student of leadership.
It was as much remembering the tall, athletic and casual figure of Mr Kafula as his pampering me with economic theories; that inflation is a scenario of too much money chasing too few commodities while deflation is whereby little money in circulation is after many goods. Inflation characterized by high prices of goods became the order of the day in Zambia especially after 1985. We did not need to delve deeper to understand that ‘Kaundanomics’ had failed.
The International Monetary Fund(IMF) to which Zambia had run to for aid came with an avalanche of conditionalities.
When the men from Bretton Woods carrying those shiny briefcases came we admired their immaculate suits but dreaded to hear and read the contents of the papers they drew out of their brief cases.The words: devaluation, removal of state subsidies, wage freeze, controlling the trade unions and cutting public expenditure became embedded in the Zambian vocabulary as though the words were part of the country’s DNA long before the country came into being.
Cry Zambia, the troubled, frail and bed ridden patient she had become, had no choice but to face the ordeal of forcefully opening her own mouth(otherwise the financial lending institutions would open Zambia’s mouth),swallow at prescribed times the dosage of the bitter tablets that in the long run only worsened her economic illness. Zambia was facing, not the travails of labour,of “birthing” or producing more copper to boost her GDP but the pain of swallowing the tablets.Cry Zambia,she gnashed her teeth, in pain and her face became grimaced with wrinkles.
Our eyes became sore in waiting for free milk that would now never come.The sky became filled with darkness.We ran to our schools and government printing presses for free exercise books as we had been doing only to be told that we must now buy our own books.The every day an egg for everyone Dr Kaunda had promised was replaced with a forgetfulness that linger up to today.
So, by the close of 1986 and the years that followed, seemingly, Dr Kaunda had no idiots to criticise, only facing the” idiosycransies” of the complexity of Zambia’s economic problems amidst great expectations for answers by everyone in the nation.
Part 3:The Impact Of His Leadership
October 1991:Last Time At Dr Kaunda’s Election Campaign Rally
Ten years after my listening to Dr Kaunda’s speech at Buntungwa, profound political changes, due to Zambia’s worsening economic situation began to unfold in the country. In the United Soviet Socialist Republics (USSR) the leading communist state the general party secretary ship and presidency in 1995 changed hands to Mr Mikhail Gorbachev who soon embarked on radical reforms of glasnost(openness) and perestroika(restructuring) – reforms that swirled with such rapidity and mammoth impact that the communism Eastern Europe had been extolling and boasting about for many years collapsed overnight .The far reaching impact on Zambia of the suddenly changed political landscape in Eastern Europe was the acceleration to revert from a singular party state to a multi party one.
But Dr Kaunda came up with the idea of holding a referendum to determine the necessity of returning to plural politics.
Vehemently, when Dr Kaunda was told that it was not the referendum the Zambian people wanted he floated another idea.
He then chose to “democratize”UNIP so that others unlike before could challenge him for the party and Republican presidency.
Defiantly, when Dr Kaunda read the signs of the times he fortified his system.
The many voices in the nation pressing for multi party politics to be reintroduced became militant. Reluctantly, Dr Kaunda when he gauged the intensity of the people’s voices then repealed Article 4(1) of the Republican Constitution that hitherto had restricted the existence of other political parties other than UNIP.
All of a sudden opposition political parties of all shades and hues sprang up like mushrooms at the fall of the first heavy rain. It was like almost everyone wanted to form a political party just as nearly everyone wants to start a Church these days. From “one man briefcase political parties”, to seemingly family ones, parties though however small their contribution in reshaping and enhancing Zambia’s multi party era dispensation could not be underestimated, to the national, magnanimous and people’s favourite (at that time) Movement for Multiparty Democracy (MMD)
Soon election campaigns by the different political parties and their stake holders were in full swing.Dr Kaunda,as expected was foremost in criss- crossing the country to convince the voters to re elect him.Kawambwa one of the rural towns of Luapula Province he campaigned in just a week before the 31 October 1991 General elections had a correlation to mine: I had been posted and seconded to teach English, Civics and History at Kawambwa’s Mushota Basic School.There I was again, like I had done at Buntungwa in Chingola eleven years earlier, I was among the crowd that listened to his speech-a speech though that was not as inspiring to the people as the ones he had delivered at the pinnacle of his popularity.
Resolutely, even when Dr Kaunda discerned the peoples anti UNIP mood he defended his manifesto.
My returning to teach the following day took a new dimension. When during the third period for another subject in the grade nine class I got a new, long and rock hard piece of white chalk and wrote on the blackboard the words CIVICS in capital letters that stood and looked as straight, distinct and bold as pieces of thin metal that had been premeasured to perfectly fit on an object.
“Mr Stencil,”which was the nick name the pupils had given me for the way my right hand wrote and still writes large, straight and orderly letters,a boy’s hoarse voice was heard at the back of the classroom, followed by laughter, not of a conspiratorial kind but of appreciation. I chuckled with relief for the name because the pupils could sometimes be merciless at sticking a horrible nick name at a teacher’s back.
When I turned my back everyone became conspicuously quiet, some pretending to be reading, their eyes blinking and their faces glowing and looking more youthful. I was about to continue writing when James the pupil seated on the front desk asked:
“Sir, who do you think will win the Presidential elections, Dr Kaunda or Mr Frederick Chiluba?”
James? James of all the pupils who I knew was a withdrawn and introverted boy; James the student of his own silences though he was intelligent. Yet it was from him that a question of such gravity, urgency and topicality came.
Before I could answer the question, roars of “The hour has come!”and “UNIP Kuya bebele!” boomed from the whole class almost in a sychronised or rehearsed pattern.
(“The Hour has come” was the MMD’s election campaign slogan; the slogan assumed so popular status that it was like the formal or informal way of greeting someone in Zambia, while “UNIP kuya bebele” is a pidgin saying in Bemba meaning UNIP as a ruling party must vacate office.)
The unanimity with which the pupils said the words combined with the uniformity and beauty of the blue pair of trousers and white shirts for boys and blue skirts and white shirts for girls made them look and sound, not as pupils but a group of well organized football supporters at Lusaka’s Independence Stadium who were very sure that the Zambian football team-“The Chipolopolo Boys”, would, in a decisive Africa Cup of Nations match beat the formidable rival by many goals.
Heroism
But the the political developments of transition to the re-establishment of the multi party era were paradoxical.The leader of indisputable magnanimity and heroism was Dr Kaunda because he agreed to every concession that was put before him; however much he was asked to let go, he let go.He deserves credit. He conceded to the fundamental changes that coursed Zambia to the politics of pluralism. For the sake of Zambia the country he loves. Unlike some other presidents when the tale tale signs for them to leave office are clear bring in unsavoury measures including violence against their own citizens, Dr Kaunda remained the president of honour and dignity he was and still is; he heed the people’s demands and eventually did what they wanted.
Despite the cut throat rivalry that often characterize politics in any country of the world, in spite of all sorts of criticisms and spiteful statements hurled against him Dr Kaunda did it: he successfully facilitated Zambia’s smooth progression and transition to the multi party system.
When the elections results were announced declaring Mr Frederick Chiluba as the winner and Zambia’s new president Dr Kaunda conceded defeat.
A lot has happened after Zambia’s return to multi party democracy.
Mr Chiluba quickly introduced a free market economy, the men from Bretton Wood arrived in Lusaka sooner than we knew. This time we loved both their immaculate suits and the contents of their briefcases. They may not have mentioned the fat burger, the double n’ cheese steak burger, fried chickens from Kentucky and other American fast foods, but by modelling our economy to theirs and lending us more of their USA dollars we have become hooked to America foods and food chain stores.
We moved from socialism to capitalism: from lethargy to liberalisation,from inertia to innovation, from drowsiness to drastic measures, from the comatose to competition.We moved to the dynamics of capitalism.
A True Man Of The People
I was an unknown student leader when Dr Kaunda invited us to State House. I was the son of a miner.
There were others better placed and well known than me who he hosted. Those who interacted with him on a daily basis. The government ministers, businessmen, clergy, trade unionists, farmers, those in the sports fraternity and many more. Each one of these Dr Kaunda met because he truly cared for them, not out of duty. His informality, his grace, his poise, his joviality, his humour-and even his brutal frankness has made a difference in many people’s lives.
For Dr Kaunda it was not enough to see those he had hosted at State House leave.He would usually stand at the door of the State House to bid them farewell by waving the white handkerchief which he always held in his hand.
As historians and political pundits continue to write about what Dr Kaunda has done and what he has not done they shall continue to put his works on the scale and ask: has his goodness outweighed the bad, his strengths the weaknesses and his fortitude the fears?
Thank Dr Kaunda for your leadership in freeing Zambia from colonial rule, for your patriachial role in the nation, for fostering into Zambia a great sense of belonging ,nationhood,peace,stability and sovereignty.
Thank Dr Kaunda for your resolve and steadfastness that made Zambia immensely contribute to the liberation struggles in Southern Africa, for making us take the oppression,injustice and exploitation of our brothers and sisters who were under oppression that time as our own.
Of those who learnt from Dr Kaunda they are several.Except for Frederick Chiluba,his immediate successor, successive presidents were protégés of Dr Kaunda:Mr Levy Mwanawasa, Mr Rupiah Banda, Mr Michael Sata, each one of them consulted Dr Kaunda. Even Mr Edgar Lungu Zambia’s incumbent president seeks advice from Dr Kaunda.
For me, that his leadership impacted me is all too clear on a Chingola Secondary School Current Affairs and Debating Club Certificate on which the Club Patron Mr Edward Nkonde and the Deputy Headmistress Ms Dorothy Mwenya (different from the one who had taught me in grade one) respectively on 20th October 1981 wrote these words:
“Evaristo has few equals in the world of public speaking.He was an emulator of the great leaders of the world.He is a well informed speaker in many disciplines. No wonder he was the school’s Headboy.” Club Patron.
“Evaristo was a capable leader.He passed votes of thanks at a number of social and political occasions. He did it ably and magnificently.” Deputy Headmistress.
Dr Kaunda is certainly one of the leaders who in my quest during my youth to learn, inquisitive as I have been about leadership, who through his speeches and writings shaped my political ideas. Of equal importance have also been Dr Martin Luther King Jnr, John F. Kennedy, Sir Winston Churchill, Mahatma Gandhi, Nelson Mandela about whose lives and works I have studied.
Our dear Dr Kaunda, as much I have directly or indirectly been in wishing you the best on your previous birthdays, me, the lad you have schooled in the art of politics and its vagaries, in glee and grace, is at your doorstep to wish you, like many other Zambians and people around the world the same on your ninety fourth one:
Chief Government Spokesperson Dora Siliya says the Treasury has released K200 million to clear debt owed to small scale contractors.
And Siliya has encouraged political parties to practice intra-party democracy.
Speaking at a media briefing yesterday, Siliya announced that the K200 million which was released by the Ministry of Finance had been paid out to over a 190 small contractors, 24 sub-contractors and consultants.
“I did announce two weeks ago that government was going to pay Zambian contractors beginning with small contractors. I’m happy to report that K200 million which was released by the ministry of finance has been paid out to over a 190 small Zambian contractors and a further 24 sub-contractors, as well as consultants. It is important that Zambian contractors who do their work are actually paid so that we keep the economy commerce going and that the workers in the industry continue to look after their families. I know that some monies are still owed to some other small, medium and big contractors, government is really hoping that we can come to an end of this debt issue,” she said.
And Siliya encouraged political parties to practice intra-party democracy.
“Government has noticed with great concern the continued violence during elections. Elections should be a time when citizens can freely choose the leaders they prefer. As government we condemn in the highest order violence elections and we are calling upon all well meaning political parties to do the same. It is the reason why government continues to encourage all political parties to practice intra party democracy because without intra-party democracy we will continue to see violent traits,” she said.
Siliya further urged politicians to criticise government in a civil manner and offer solutions.
“I was fairly impressed with one independent member of parliament that I watched on Sunday interview last week for Kantanshi, honourable Anthony Mumba. He could discuss matters of governance, he could criticise government and offer solutions in a very civil manner. Even we in government, as we watched we were able to take what he was saying because he was proving that its possible for people to disagree in a civil manner and to offer solutions if they have. He set an example of how it should be that in a democracy people must be able to put ideas in the political space and even when they disagree they can do it in a civil manner so that even those being criticised can be able to take the criticism because its constructive,” she said.
Siliya said government had completed a temporal alternative crossing point on the washed away Kawambwa-Mbereshi road.
“On the washed away bridge on Kawambwa-Mbereshi road, they have completed the temporal alternative crossing point. However, we are hoping that the consultants would have finished very quickly making their recommendations to government on the permanent structure to be build. We are hoping that the permanent solution would take four months to complete hopefully beginning in June,” said Siliya.
Special Assistant to the President (Press and Public Relations) Mr Amos Chanda addresses journalists at a Press Briefing on the impeachment motion by UPND, at State House on Friday, 23rd March, 2018. Picture by Eddie Mwanaleza/State House
President Edgar Lungu has signed the long awaited the National Insurance Health Bill into law thereby in fulfilling one of the most important PF campaign promises to provide equitable and quality health care for all.
President Lungu assented to the National Health Insurance ( NHI ) Act No. 2 of 2008 on 25th April 2018,bringing into force yet again one of the PF governments most significant socio-economic reforms since it took power in 2001,and actualizing the country’s long held aspiration to provide quality universal healthcare.
“Zambians have yearned for a robust, equitable and quality health care system that ensures equality for all without imposing high financial costs on citizens ,” the President notes.
“The healthcare reforms we have embarked on through this Act are aimed at achieving the dream this country has held for the past 54 years.
“ Since independence from British colonial rule in 1964, successive Zambian governments have sought to provide universal access to quality health care but this has been hampered by a lack of health insurance, which currently stands at a meagre five percent of the population.
“This low level of health insurance cover is unacceptable. We cannot have low healthcare utilization rates on account of lack of health insurance by the majority of our poor. We can’t have limited access to health on account of one’s economic status in society,” the Head of State says.
President Lungu says through the National Health Insurance Act, under the guiding principles of solidarity and inclusivity which are strongly embedded into the law, no Zambian will ever have to suffer to access healthcare because they have health insurance.
The NHI Act provides insurance for all Zambians.
He said despite the opposition from some quarters when the Bill was proposed to Parliament in 2017, the NHI Act in force must now work towards the full implementation of the law to ensure that 95 percent of Zambians that have no health insurance cover are insured.
“This progressive law can no longer be viewed with partisan lenses for it is about promotion of life cover illnesses. It is about social justice because it brings about unprecedented equity in the provision of health care.
“ This an important moment not just for those of us in the PF who have delivered on this great promise, but for all Zambians,” the President says.
“For us, now is the season for action, an epic moment that heralds a memorable journey towards better health for all. From now on is when we must bring the best ideas from all stakeholders, and we in the government, with the support of all progressive stakeholders will show the Zambian people that we can still achieve greater goals that are seemingly beyond our reach,” says the Head of State.
President Lungu says the attainment of Universal Health Coverage is the lighthouse that is guiding the PF government health reforms agenda and through the NHI Act, saying he is confident of significant delivery on the health manifesto promises.
“We embark on this progressive, yet ambitious health reform agenda as guided by the PFs manifesto which is premised on being a party that is concerned with the livelihoods of the people, particularly the majority poor. Zambia cannot develop without healthy citizens, and so access to quality healthcare is a top priority.” President Lungu stated.
Through the NHI Act, the PF government , the President said, will walk the talk of reducing overall inequalities in society because healthcare is central to the overall socio-economic well -being of the country.
Government will also invest in the state of the art medical equipment and processes to ensure that the Zambian healthcare system becomes regional leader.
This is contained in a statement made available to ZANIS in Lusaka today by Special Assistant to the President for Press and Public Relations, Amos Chanda.
A political dialogue meeting with the European Union diplomats accredited to Zambia in Lusaka
FOREIGN Affairs Minister Joseph Malanji says diplomats are not in Zambia to aid opposition parties get into state House but for more serious business, to bring development.
And Hon. Malanji says Goverment regrets the attacks on the United Nations Resident coordinator Janet Rogan by the opposition UPND.
Speaking during a political dialogue meeting with the European Union diplomats accredited to Zambia in Lusaka, Friday, Mr Malanji stated that members of the diplomatic Corp needed to be accorded the respect they deserve because they are in Zambia to enhance development.
“It is only important that you give the respect that the members of the diplomatic corp deserve in this country. Diplomats are in this country to bring development and that will only be in conjunction with the government of the day,” Said Mr Malanji.
“They (Diplomats) are not here to see how best the momentum of an opposition party which their only vision is to see how quickly they can get into state House. We have serious more business to do here and as government we respect and regret the attacks on her Excellency.”
Meanwhile, Hon Malanji has expressed happiness by the progress achieved with regard to the £25million Gender based violence project, £17 million Public Finance Management, £40 million for Electrification Financing and £87 million for the Agriculture all supported by European Union.
And EU Ambassador to Zambia Alessandro Mariani says his happy with the continuous political dialogue with Zambia with the last one having been held in March last year.
Zambia-European Union Political Dialogue is an annual event which provides a viable platform for the Zambian Goverment and European Union to exchange views on topics of mutual importance and interest as well as identify areas where relations under the cotonou agreement can be deepen.
Leader of the opposition in Parliament Jackie Mwiimbu has vowed that the opposition will block the proposed Constitutional Amendment Bill.
Justice Minister Given Lubinda recently revealed that he will table the Constitutional Amendment Bill when party resumes sitting in June.
But Mr Mwiimbu who is also UPND Monze Central Member of Parliament says the UPND is not going to support any constitutional amendment that will be brought before the floor of the house before the dialogue process is concluded and before the issues are resolved and agreed.
“That is the position of the UPND.If they think they have the numbers, theycan go ahead. But we think we also have the numbers to ensure that this process of constitutional amendment process does not go ahead,” Mr Mwiimbu warned.
Mr Mwiimbu said the PF need two-thirds to pass the constitutional amendment but that the UPND will ensure this does not go ahead in the interest of stakeholders until issues are discussed and agreed.
“Once they are agreed and resolved, we as UPND have no problem in supporting any constitutional amendments that will arise out of the dialogue,” Mr Mwiimbu said.
Below is the full statement issued by Mr Mwiimbu on Friday
FULL STATEMENT OF THE UPND MEDIA BRIEFING BY HON JACK MWIIMBU-LEGAL CHAIRMAN AND LEADER OF THE OPPOSITION IN PARLIAMENT -27.04.2018
Members of the press, you might be aware that on the 27th of March 2018, the minister of Justice issued a statement on the floor of the house giving a roadmap pertaining to the enactment of the constitutional amendment bill 2018 and in that Ministerial statement he indicated what processes the Ministry is going to undertake.
He mentioned that he was going to consult Members of Parliament, Secretary Generals and Presidents of the various political parties before bringing the document to the floor of the house.
It is as a result of this particular statement that I want to make a reaction on behalf of the UPND.
Members of the Press you are aware that there is supposed to be a dialogue process that is supposed to take place in the country pertaining to various issues that have taken place from the time of elections 2016 to date and you are aware that the Commonwealth initiated the dialogue process which was purportedly accepted by the Government Republic of Zambia and this process should have commenced.
Unfortunately,this process appears to have stalled due to the decisions by the Patriotic Front not to accept the Commonwealth to lead this process.
We as UPND have always been for the dialogue as we believe that this is the civilized way of resolving issues that affect the nation.
We have been requesting our colleagues to come on board and dialogue with us on national issues and I would like to confirm that my President Hakainde Hichilema and the UPND have been willing and ready to have a genuine dialogue with all stakeholders in this country.
What has drawn us back is the issue of the proposed Constitutional amendment bill 2018 which the Government intends to lay on the floor of the house and be passed in the month of June.
Members of the Press and the Public, you may be aware that the UPND has raised a number of issues that require to be resolved through a dialogue process and one of the pertinent issues raised that has contributed to the political tension and the problems we are having in the country is the constitution itself.
We strongly believe that it’s only after dialogue and after the issues that require to be placed in the constitution are resolved and agreed, we believe that is the only time a new constitutional amendment bill should be tabled.
A new Constitution amendment bill should arise out of the Consensus that will arise out of the dialogue.
But unfortunately our colleagues have decided to place the constitutional amendment bill before the dialogue commences.
It just shows that there is no political will to have the dialogue.
The pertinent issues, members of the press, members of the public hinge on the constitution of the Republic of Zambia.
You are aware that members of the public and other stakeholders have been raising issues pertaining to the management of the electoral process in this country.
The electoral process today is flawed arising from flawed constitutional provisions .
The electoral provision that relate to the management of elections in this country need to be addressed through a dialogue process.
How now can we sit to table the constitutional amendment bill before issues are agreed upon?
We believe and genuinely so that this can only be done after the dialogue.
You are aware that we have implored major stakeholders in this country to be involved in the process.
We have implored the churches and other major stakeholders to be involved so that when we come up with issues, they will be agreed issues that will be placed in the constitution and that when it is placed before the house, there will be no acrimony because the issues would have been agreed. But as it is, no issues have been agreed.
We take note where the Minister of Justice is saying that on the 12th of June, 2018 he will have a consultative meeting with members of parliament.
12th June is a Tuesday and Parliament will be sitting entailing that the consultative meeting with MPs will take four hours to discuss a very important national issue.
For me this is a mere joke, it’s a way of hoodwinking the public that they are serious with discussing issues of national interest.
It just shows that they are not interested to have a genuine dialogue.
If they are interested in genuine dialogue, let them defer the presentation of the bill in parliament until after the dialogue process is concluded.
I would like to state very categorically that UPND is not going to support any constitutional amendment that will be brought before the floor of the house before the dialogue is concluded and before the issues are resolved and agreed.
That is the position of the UPND.If they think they have the numbers, they can go ahead.
But we think we also have the numbers to ensure that this process of constitutional amendment process does not go ahead.
They need two-thirds to pass the constitutional amendment and we will ensure this does not go ahead in the interest of stakeholders until issues are discussed and agreed.
Once they are agreed and resolved, we as UPND have no problem in supporting any constitutional amendments that will arise out of the dialogue.
It is my considered view that you cannot have a genuine dialogue over a very important national document such as the constitution in four hours or less than 4 hours.
It’s not only one article they intend to amend but various articles that need to be amended.
It’s like they are overhauling the entire constitution.
They are overhauling the entire amended constitution of 2016.
How do you discuss the whole process in 4 hours.
It’s not possible and we are not the only stakeholders anyway.
The most prudent way of resolving this issue is not to publish or gazette the proposed bill.
Take the bill to the members of the public for validation, discussion and dialogue.
And once it’s agreed, it can be taken to parliament.
But before that we will not support it.
You do recall that we went through the same process in 2016.
We advised our colleagues not to go ahead with the constitution.
We had to vote but they proceeded and they were telling us that the constitution will stand the test of time.
Has it stood the test of time, the answer is no.
Within one and half years of the enactment of that constitution, they are now coming out with amendments.
It just shows that the current constitution is flawed because they don’t want to consult the stakeholders.
There are many stakeholders in this case including you the press.
You are the users of that particular constitution and I tend to think that any genuine government is supposed to consult you as the fourth estate.
You are supposed to have an input in this process but you are not being consulted.
If they go ahead and manage to pass it, we will continue having the same problems which we are having now. For me the so called consultative process is not genuine, it’s not prudent.
How can you have a consultative process over the constitution within 4 hours? It’s impossible?
You are aware that this process does not only involve the UPND but other political parties, the three church mother bodies, chiefsand other stakeholders and once the issue of the constitution is presented before them, they can raise issues.
Even currently you are hearing of issues of land where the chiefs are raising issues pertaining to the management of land.
Those are issues which we need to ensure that we scrutinize and include them in the constitution. We will not want to take a process which we know is flawed.
You are aware that in 2016, we passed a constitutional amendment act and in that act the constitution provides for the parliamentary service commission which is the institution that is supposed to manage parliament.
And arising from that constitutional amendment, parliament of the Republic of Zambia passed the parliamentary service commission act in 2016 but to date the executive has refused to actualize it because they know that by not allowing that they will be controlling parliament.
Currently because they have not actualized that act, members of staff are being appointed by the executive.
The Clerk of the National Assembly is not appointed by the National Assembly as required by the constitution. The current Clerk of the National Assembly was appointed by President Lungu contrary to what the act provides.
That is why we are saying parliament is now being controlled by the executive.
They don’t want the act to see the light of the day because they want to continue controlling parliament.
It’s not just parliament. There is also another constitutional provision where aid contraction is supposed to be reported to parliament.
It’s constitutional provisional now.
But they are not doing it because they want to be hiding the debt they are contracting.
They don’t want parliament to have an oversight role.
There is the Gender Equity Commission which I know that you ladies are supposed to have an interest.
The constitution was passed in 2016 but to date no law has been passed to actualize that.
It’s because they don’t equity among the genders because they have their own interests.
There are so many provisions in the current constitution which they have deliberately refused to actualize.
If you are failing to implement the current constitution, why would you want to come up with another constitution, it just shows that there is no political will to ensure that the provisions of the constitution are enhanced and implemented.
We will not be part of that process as UPND, that am speaking as leader of the opposition in parliament. We are not going to support it. Let them show the political will in ensuring that the current provisions of the constitution are actualized for the benefit of the people of Zambia.
There is also a provision in the constitution which states that when making appointments, you have to take into account the regional representation of the country as well as gender representation.
If you are appointing two people for a particular position and you are a member of government, you have to ensure that one of them is either a woman or man.
That is what the constitution says.
But do they do that, the answer is NO. They are deliberately breaking the constitution because they know that there are weak institutions in this country that can take stock of the wrongs they are doing.
But we are not going to be abetting that as the opposition as UPND.
We cannot do that. We have to stand up and fight for this country and stand up for the constitution.
Lusaka Province Minister Bowman Lusambo on a familiarization tour of City Market Market and part of Lusaka CBD
Lusaka Province Minister Bowman Lusambo says the country has recorded a steady decrease in the maternal mortality rate in recent times.
Mr. Lusambo says following the mitigating measures such proper ways of conceiving and through improved antenatal care bookings at the health posts by the ministry of health and its cooperating partners, maternal mortality rate in the country has reduced tremendously.
The minister said this in a speech read on his behalf by the Lusaka District Commissioner Captain Davison Mulenga during the 7th edition of Maternal Death Surveillance and Response (MDSR) meeting held at Golden Peacock hotel today.
Mr. Lusambo explained that through the Safe Motherhood Action groups (SMAGS) , the ministry of health is playing a vital role in creating awareness on safe pregnancies and anti-natal care to expectant mothers in the country.
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The SMAGS are also arranging for community meetings for sensitization and awareness of danger signs in newborns and pregnant women, he said.
He further noted that the same groups are helping expectant mothers to seek for proper antenatal care as delayed treatment might led to maternal death.
Zambia has implored Least Developed Countries (LDCs) to develop and promote the use of renewable energy to safeguard their economic development from negative impact of climate change which hampers hydro-power production and supply.
Ministry of National Development Permanent Secretary (Development Planning) Chola Chabala called for investment in hydro, geothermal, wind and solar energy generation to increase and ensure reliable supply of energy to propel LDCs’ economic growth.
Mr. Chabala was speaking at World Bank Headquarters in Washington DC during a breakfast meeting for LDC Governors and their development partners, co-organized by the United Nations Office of the High Representative for the LDCs, LLDCs and SIDS (UN-OHRLLS) and the World Bank, during the 2018 IMF/World Bank Spring Meetings.
The Permanent Secretary said Climate Change affects people in LDCs because they often have limited or unreliable access to energy.
“It is for this reason that sustainable energy finance becomes critical especially in environments characterised by depleting resources and weak resilient mechanisms,” Mr. Chabala said.
“The real policy focus for Zambia and indeed most LDCs is to have a policy framework that provides for energy mix without necessarily being dependant on one source of energy or the other. This helps countries minimise shocks in an event of failure associated with vagaries of the weather when a country is predominantly dependant on hydro or solar power.”
He said the economic impacts of climate change on hydropower generation culminates in both the cost of power cuts, low industrial production and wasted investments in dams arising from inadequate water to generate electricity.
Mr. Chabala said Zambia was highly dependent on hydro power generation at 84.5 percent but that severe drought of 2015 almost crippled the economy hence re-awakened the country’s resolve to invest in alternative sources of energy.
“In addition to hydro electricity generation, we have set ourselves a target to improve alternative sources of energy. Currently our solar energy production is standing at 0.06 per cent of our energy generation and we intend to take this up to six per cent,” Mr. Chabala said. “Climate change is here, and drought will always be there and in an event that we have droughts, and hit severely, we can have alternative sources of energy to fall back on and solar offers us a very reliable source of energy as the country.”
The Permanent Secretary said between the 7th National Development Plan has desidnated four key programmes to achieve SD7 on energy and these are: (a) Appropriate policy and legal framework; (b) Renewable and alternative energy development promotion; (c) Wood fuel sub-sector management; and d) Energy efficiency and conservation promotion,” Mr. Chabala said.
He said Zambia, with support from the World Bank, is implementing a Scaling Solar Program through active promotion and increased use of renewable energy technologies.
The Permanent Secretary said the Scaling Solar Project was targeting to produce about 300 megawatts and if that was to be scaled up further solar energy would by 2030 be a viable alternative source of energy and help in meeting the SDG targets on energy.
Mr. Chabala observed that a mix of private sector and other development partners like the Green Climate Fund (GCF) can blend their financing to support huge and complex projects like hydro-power projects. He disclosed that Zambia had taken initiatives to leverage on the Green Climate Fund (GCF) to catalyse private investment in renewable energy to accelerate the attainment of the country’s electricity generation and diversification targets.”
First Republican President Kenneth Kaunda(c),his granddaughter Sonji(l) and Minister of Water and Sanitation Loyd Kaziya(r) during Zambia Association of Musician KK’s Birthday Bash in Chongwe
The family of the First President Kenneth Kaunda has distanced itself from any involvement or participation in a birthday bash intended for their Father being organised by the Zambia Association of Musicians (ZAM).
Speaking to ZANIS in a telephone interview this morning, family representative Tilyenji Kaunda said the first family did not permit nor sanction the association to hold any event in honour of President Kenneth Kaunda.
Mr Kaunda reveals that the family clearly stated that they were not taking part in the event but are surprised that the Association went ahead with the publication of the advert on the event.
“The family wonders why the association has gone ahead despite the agreed position on the matter”, he said.
This follows publication of the advert that has continued to run in the print media on the event dubbed, “the KK 94th Birthday”.
According to the media report, the event which is expected to take place tomorrow Saturday April 28th, 2018 at the Inter-Continental Hotel in Lusaka, is being organised by the Zambia Association of Musicians (ZAM).
Dr. Kaunda has today turned 94 years, and his family has wished him good health and God’s blessings for his new age.
ZESCO Muzuma substation being upgraded to KV 330 (from KV 220) in order to be connected to the national grid as soon as the Maamba coal plant station is commissioned
Zambia Electrical Supply Company ( Zesco ) Spokesperson Henry Kapata says the incidences of black outs being experienced in some parts of Lusaka City is due increased demand for power.
ZANIS reports Mr. Kapata saying in An interview today that his Utility firm is recognizant that during peak hours especially demand is so high that parts of the City is having episodes of blackouts.
“ The high demand for power during peak hours especially is what is causing black outs in some parts of the Lusaka City, “ he said.
He however disclosed that Zesco Limited has put in place projects that will help increase capacity supply so as to help meet the high demand of power supply.
Mr. Kapata also noted that the distribution projects are under away also to meet the demand to the national grid.
Most parts of the Capital City have recently been experiencing episodes, a development that has unsettled both domestic and industrial consumer.
University of Pretoria law professor Michelo Hansungule has vowed to continue speaking against human rights abuses and other malpractices in Zambia and says he won’t be silenced by Zambia’s High Commissioner to South Africa Emmanuel Mwamba.
In a lengthy post, in which he apologised for the error in judgment, Prof Hansungule said that he told Mr Mwamba that the only way to silence him is to kill his and as long as he lived, he will speak my mind and assist people regardless.
Below is the post
By Professor Michelo Hansungule
In relation to Prof. Nicholson and Prof. Frans’ questions, I aver as follows:
For reasons I shall elaborate on in more detail below, I have since withdrawn the letter from the two recipients and replaced it with one not on CHR headed paper attached herein[1].
Without prejudice to 1 above, I sincerely apologise for the use of the CHR headed paper and personally commit that it will never happen again.
As elaborated on below, in the incident aqua, it was an error of judgment that CHR letter head was used and it is regrettable.
Historical context
For a long time now, I have been participating in public discourse on human rights and governance in Zambia and Africa generally in Zambian media. I did so while I was based at the University of Zambia, Raol Wallenberg Institute of Human Rights and Humanitarian Law at the University of Lund in Sweden and since I joined the Center for Human Rights, here at the University of Pretoria. At the University of Pretoria, I was inspired to take an even more active participation in canvassing public issues on learning that academics were required to engage in community service as part of their conditions of service. Besides making presentations to various stakeholders in and outside Africa including politicians, government officials, judges, lawyers, law teachers, students, non-governmental organizations, journalists, faith based organizations, women’s groups and others, I keenly wrote opinion papers making plain my views on critical social, political, economic and issues
In addition, as part of this community engagement, I represent individual victims of human rights violations before various treaty bodies including the defunct SADC Tribunal, African Commission on Human and Peoples’ Rights, African Court on Human and Peoples’ Rights, Human Rights Committee at the United Nations, African Committee on the Rights of the Child, and as in the case aqua, non-conventional United Nations bodies and institutions.
For example, I have three communications before the African Court on Human and Peoples’ Rights I filed on instructions from Rwanda community members against Rwanda. In one such case yet to be determined by Court, several Rwandans living in South Africa had their passports arbitrarily cancelled by Rwanda government on suspicion they belonged to opposition which is a crime (divisionism) in Rwanda. Acting together with my LLM students, I was first person to bring the maiden communication (Hansungule versus Uganda) before the African Committee of Experts on the Rights of the Child seeking remedies against the child in northern Uganda which was affected by a long war in which children were forcibly recruited into armed conflict or forcible marriages both by rebel and government forces, Committee found in our favour and made a series of recommendations against Uganda. On instruction, I brought a communication before the African Commission against Swaziland (now eSwatin) in which I demanded reinstatement of a High Court judge who was arbitrarily dismissed from the bench by the King on trumped up charges by a former Chief Justice who had a born to chew with him and whom (Chief Justice) later the King dismissed.
As spirited public defender, I have submitted complaints to the Zambian Chief Justice, Zambian Director of Public Prosecutions, Speaker of the Zambian Parliament, Zambia’s Permanent Human Rights Commission, Lusaka City Council, Zambia’s Anti-Corruption Commission, Zambia’s Commission of Lands, Zambia’s Electoral Commission, Human Rights Council in Geneva, etc. These complaints raised public issues or issues affecting members of the public including tribalism in Zambia fostered by current government, alleged corruption of senior officials in government, alleged commission of treason by current president when he breached the constitution and refused to hand over power to the Speaker of Parliament after opposition filed an election petition challenging the outcome of the 2016 presidential election, as provided by the constitution, three Constitutional Court Judges repudiating their own unanimous judgment delivered in an open Court just two days earlier [without the courtesy to invite two of their colleagues including the Court president], etc.
In all these and similar cases I’ve not mentioned, I acted in my personal capacity or on behalf of clients I represented, even then in my personal capacity. Petitions filed in Zambia were widely reported in Zambian media which assisted generate wide discourses on governance, democracy, rule of law, constitutionalism and human rights. Of course government has not liked most of the discourse because my petitions and submissions either were against them, their officials or persons or questioned their decisions and in any case did not praise them.
2016 Elections
Currently, there are serious political tensions in Zambia. Only yesterday, leader of the main opposition Hakainde Hichilema (HH) called on SADC to intervene in Zambia ‘to protect people from political killings orchestrated by president Edgar Lungu’s government….’. This report is trending now at the time of writing. To cut a long story short, basis of the crisis was the 2016 elections including the period during campaigns. In Zambia, there is the Public Order Act, a colonial piece of legislation which has been widely condemned by most stakeholders. The Public Order Act regulates the holding of public assemblies, meetings and peaceful demonstrations.
While the ruling political party does not apply for ‘permission’ to meet, assemble or demonstrate, other stakeholders especially opposition cannot do so without this ‘permission’ from police the regulating authority. Previously, this statute was challenged before the Supreme Court as unconstitutional as the rights to assembly, meetings and peaceful demonstration were constitutional and the Court in both Christine Mulundika versus the Attorney General and Medical Doctors Association versus Attorney General, unanimously declared certain sections of the statute unconstitutional, and ordered that police had no right to issue or decline the permit but to protect the applicants to ensure their meetings were not disrupted by others. These rulings have never been heeded by government and police continue to declare meetings or opposition parties unlawful. During the 2016 election campaigns opposition were literary banned from campaigning or canvassing for votes in Lusaka in particular and other parts of the country. Some of opposition members such as a young lady Mapenzi Chibulo (https://www.lusakatimes.com/2016/07/09/police-shoot-dead-female-upnd-supporter-lusaka/) who tried to go ahead and campaign nevertheless were shot dead by police and ruling party members. I have written various articles condemning these barbaric acts and calling on culprits to be brought to book, all this, however, was futile.
After the 2016 elections and announcement by the Electoral Commission that current president Edgar Lungu had won the presidency, the opposition United Party for National Development (UPND) filed a petition in the Constitutional Court (CC) to challenge the declaration as mandated by the constitution. The Constitution provides that once any person files a petition to challenge the declaration of the election, the Speaker of Parliament should act in place of the immediately past incumbent head of state, a fair provision to ensure justice is seen. Current president Edgar Lungu who was declared winner of the 2016 presidential election refused to hand over power to the Speaker of Parliament.
I petitioned the Speaker demanding to know why he abrogated the constitution by not taking power as provided? Speaker responded to me saying he was constrained from commenting or responding to my question as the matter was before court. There was no matter before Court because just four days into the election petition by opposition, the CC dismissed the case saying it {the Court) had no jurisdiction to hear the matter on the grounds of rationale temporis i.e. that the fourteen days prescribed in the Constitution for a presidential election petition to be heard by Court had expired.
I wrote the media and the Chief Justice protesting this unjust decision by three of the five Court judges and demanded the Chief Justice took action. The three were part of the five judges of the Court who in the middle of the night on Friday decided that petitioners would he heard the following Monday and Tuesday and respondents Wednesday and Thursday. On Monday, just before the case started, three of the five judges who were part of the Friday night decision insisted to address the Court against the Court President’s direction that that they were ready to hear the petitioners. In their shocking address, the three judges said they met over the weekend without the President and the other judge and decided their unanimous decision on Friday was illegal for want of time and declared that since the petition is out of time, there was no petition before them to hear. I bitterly criticized this decision and also demanded the Chief Justice act in the case which to me clearly exhibited unethical and even criminal behavior. All my petitions to the Speaker and to the Chief Justice were in public media as well written opinion pieces.
After voting, I returned to South Africa three days after the August 2016 elections. At the Lusaka Airport after security check, I sat down to put on my belt, my shoes and pack my laptop. While I was doing so, two young men came to where I was seated and in English with an East African accent started chatting among themselves saying ‘we were very luck elections were declared in our favour, and there is not going to be a run off, we are lucky the money were going to use in a run off has been saved…………… this was on Sunday before all election results were announced and before the Electoral Commission declared the winner which it did the following Monday. I heard it all myself. Unfortunately, I am illiterate in the use of my phone and could not record it. On the SA aircraft from Lusaka to Johannesburg, a man greeted me in business class and introduced himself as Emmanuel Mwamba, Zambia’s High Commissioner to South Africa. He said he knew me from long time through my writings in the media which he said he thoroughly enjoyed and looked forward to. We agreed to meet in Pretoria and exchange notes on issues in Zambia.
After the declaration of results on Monday, we met the following Monday at a restaurant in East Gate. By then opposition UPND had filed its presidential election petition on Friday the week the results were declared. During our meeting, I told Mwamba that President Edgar Lungu was committing treason clinging on to power. I explained that by the Constitution, the Speaker of Parliament had to act as president immediately after any person has filed a petition challenging the declaration. Mwamba tried to argue that president Lungu’s decision to continue in office was motivated by security concerns but I reminded him that the Constitution was clear on the issue and that if security was concern in the minds of drafters, they would have reflected it.
In May last year, NOMUSA, a South African Trade Union decided to demonstrate at the Zambian High Commission here in Pretoria to protest rising dictatorship in Zambia. Before that, NOMUSA invited me to their branch meetings across Gauteng and the North West province to address their members and make them understand the political situation there. NOMUSA explained that they were acting under their constitution which provided for ‘international solidarity’ to reach out to Zambia and to Zimbabwe where regimes were reportedly oppressing their citizens including their members and their families. I duly visited NOMSA branches and made several addresses.
Specific instances had happened by that time. First, leader of the Democratic Alliance Mmusi Maimane had not only been refused entry into Zambia after he had flown there. He was prevented from coming out of the aircraft that took him to Lusaka and forced to return to Johannesburg with it. Maimane had gone to Lusaka to observe the court appearance of HH who was charged with treason. I also learnt while at these NOMUSA meetings that Secretary General of NOMUSA was also harassed by Zambian immigration officers when he had gone to Zambia to meet his counterparts, Zambian trade unions. During my briefings, I explained that Zambia was a disaster case faced with a serious case of ethnic tensions fostered by senior political leaders including the president, then Secretary General of the ruling PF party (now defence minister) and his deputy, then minister of Information, who has since been sacked from government for personal differences and is now in opposition, etc.
I said government is openly inciting Zambians to hate certain ethnic groups particularly the Tonga group perceived to support opposition and that people speak openly on radio, newspapers and television about how to deal with Tongas. I told them how government has become so dictatorial closing down independent media, listening to private communications of private citizens including social media, high levels of intolerance and open police and police brutality meted out against opposition party members hundreds of whom are languishing in jail merely for trying to organize their parties or convene peaceful meetings of their parties, impotent judiciaries intimidated by ruling party cadres and officials; that judges receive instructions on how to decide particular cases and threatened with unspecified or specified actions against them or their family members if they did not comply; that ruling party cadres and officials even camped day and night outside the High court to intimidate independent-minded judges and police would do nothing about it, etc
After these meetings, NOMUSA in their numbers held a demonstration at the Zambian High Commission premises at which they condemned the government of president Edgar Lungu and demanded unbanning of the media, release of all political prisoners including HH threatening to moblise its members across the country to not clear Zambian goods at both ports and other parts of the country. I addressed the demonstration and condemned president Edgar Lungu and his government. I repeated various acts of brutalities perpetrated against Zambian people by government simply for holding independent views. When Mr. Mwamba started speaking he claimed that Zambia was a democracy which attracted loud booing from NOMUSA members. He tried to enlist my support and said I agreed with what he said despite what I had just said. He asked me to go stand next to him but of course I refused and told him so. NOMUSA members also told him I cannot stand next to him.
I have referred to arbitrary arrests by government. UPND president HH is the most high profile individual to have suffered the fate. In the Western party of the country which traditionally votes for opposition UPND, is an annual ancient ceremony in which the local king shifts his capital from lowland to highland to escape the floods. HH and his officials decided to honour the kind’s invitation early last year. President Lungu was also invited. On the way, president Lungu’s motorcade which was coming from behind caught up with HH’s motorcade which means the two motorcades were driving towards the same direction. At one point, one of president Lungu’s escorts dangerously pushed off HH’s vehicle it came off the tar before the driver regained control. For this government charged HH with treason an unbailable capital offence which attracts death penalty. He stayed in prison including maximum prison which is used to keep death row inmates, for four months, all that time without trial. On the intervention of the Commonwealth, Edgar Lungu released HH on nolle prosequi which helped government from embarrassment had the case gone to trial. But many other UPND supporters and officials remain in prison todate others not so lucky lost their lives. Only two days ago, HH has called on the SADC especially South Africa under Ramaphosa to intervene in Zambia and prevent the slaughter of innocent citizens by president Lungu’s regime.
Two weeks ago, HH leader of opposition disclosed that United Nations Development Programme Resident Coordinator Janet Rogan had colluded with ruling party officials to rig the 2016 elections. To support this allegation, social media released an email which I still have showing how Ms. Rogan worked with the Electoral Commission to overturn the results of the 2016 popular elections. HH charged that he was aware of Ms. Rogan’s activities and her close relationships with ruling party officials in the government of president Edgar Lungu. Soon after, a group of Zambians based here in South Africa, Zambia, United Kingdom and other places drafted a letter petitioning the UNDP in New York against continued stay of Ms. Rogan in Zambia as UNDP Resident Coordinator. I have some of the names of the petitioners and their contact details. Petitioners asked me to edit the letter which I did and to send it for them to the UNDP. Because the letter revealed issues suggesting catastrophic failure of governance on an issue of paramount importance to Zambia’s democracy, and something which was at the center of current serious divisions in Zambia, I did not hesitate to look at the letter and to edit it. I then asked the individuals (still have email to that effect) under whose name and who would sign the letter to which they said they wanted it to sound as official as possible and that their chairman or other member would sign it but they preferred if I signed it. Since I could not let any of them sign the letter on a CHR letter head and because letterheads for my non-governmental organizations one is still with printers and others in Lusaka, I decided to sign it and send it. I must underline that I signed it in my individual capacity (not as Director of the Center) and this is vindicated in the letter. Also vindicated in the letter is the fact that it was not my letter. Line one clearly says ‘I was tasked with the responsibility to send the letter below….’. I sent the letter to the UNDP but did not originally author it. More importantly, I easily accepted the request to participate in the petition because upon glance, it was clear that it espoused the very issues the Center for Human Rights stands for.
Soon after the NOMUSA demonstration at the Zambian High Commission, I received a classified document from a pan Africanist with several names of both prominent Zambians and non Zambians said to have been compiled by the Zambian State Intelligence equivalent of the CIO in the United States. The document which I still have with me states that the individuals were a danger to government in Zambia. My name was prominently listed at number six. Others include some Zambian opposition leaders not least among them HH, perceived funders of opposition particularly UPND including leading executives in Anglo American empire, etc. Despite this, I continue to do my work as before ensnaring and educating especially the Zambian public of their rights and exposing government excesses. I refuse to be intimidated and silenced.
Not long ago, I received an email (still in possession) in which a man from Lusaka discloses that he was offered a job by the government Inteliigence organization in Zambia. That when he went to meet officials of that organisatiion, they offered to appoint him Third Secretary at the Zambian High Commission in Pretoria but added that his real job would be to spy on me. As indicated, I still have the email with me and even told the young man to consider accepting the offer. I asked him to not worry about me or my safety because I do what I do due to my strong convictions that what I was doing was right and for the good of Zambians. He said however poor he was, he would not take pieces of silver to harm another.
Recently, I got a whatsup message from a young man part of the group that was petitioning Ms. Janet Rogan at UNDP in which he said ruling PF members in Kasama the north of the country were planning to demonstrate against me for insulting president Edgar Liungu and for not respecting him as president. This whatsup (which I still have on my phone) came from district officials of the Kasama District who were mobilizing their members to demonstrate the following day. Indeed, the demonstration went ahead the following day.
What I found surprising is that I did not remember (and still do not) when I made those remarks which attracted the demonstration. The dates of the Globe Newspaper PF officials cited I allegedly published demeaning statements I was here in Pretoria and had not spoken to a journalist either then or prior to publication of the paper. I contacted the newspaper in question seeking clarification on when I made the statements and they did not respond. However, in keeping with my principles, I decided to not distance myself from the alleged remarks and to expose the newspaper.
This is because in the struggle for freedom I believe we need the media including fake media. Young people in the media often want to say something but do not know how and are too scared to do so. Though painful to me, I easily take responsibility and I did so in that case. Second, I found the choice of the northern town of Kasama by whoever arranged the demonstration strange to say the least. Until this free publicity of my name, hardly anyone knew me or my name in Kasama. A friend in Kasama who attended it later told me most demonstrators did not know who they were demonstrating against and the few who did had not even read the newspaper. He said I could have taken part in the demonstration against myself if I was there without any of the demonstrators identifying me as the subject of the demo. It was badly arranged. I later was told it was arranged by high officials in Lusaka who wanted to intimidate me.
On my part, I published an article admitting that I did not respect president Edgar Lungu because as far as I was concerned he was irregularly in office. I asked them to take any action they wanted to take against me. I told them failure by the Constitutional Court to her the president election petition and put the issue of the 2016 elections to rest was the reason I did not recognize the legitimacy of the election which was declared in favour of president Edgar Lungu (I have the response I penned in language not intellectual but intended for the demonstrators to understand me fully).
Recently, a friend based in Lusaka alerted me to the speech by Minister of Justice in Parliament while he was responding to questions on the amendments to the constitution government was working on. According to my friend, my name along with two other colleagues Professors Muna Ndulo and Beyani Chaloka were mentioned in an adverse way. I checked the relevant Parliamentary Hansard and indeed found the relevant parts where when after his speech, the Minister was asked whether he had consulted experts like Professor Hansungule, Professor Muna Ndulo and Professor Beyani on the amendments? He responded that he did not and would not consult us because our political affiliation was common knowledge
I must say though on the positive side that I bear neither grudge nor anger against anyone in government. All I want is good government and greater respect for human rights for citizens. Proof of this is that last year, I single handedly facilitated three workshops on state party reporting under the African Charter on Human and Peoples’ Rights and the Maputo Protocol. The workshops, which attracted scores of senior government and non-governmental officials were funded by the Center for human Rights and had no problem with interacting with senior politicians in negotiating relevant approvals and sanctions for the officials and events. I believe we did an excellent job finally coming up with a draft report which, however, is yet to be validated before submission to the African Commission for examination.
But according to the media, Mr. Mwamba, the Zambian High Commissioner to South Africa, is a very dangerous person. The media portrays him as one of president Edgar Lungu’s trusted allies and together with a small group is responsible for rigging the 2016 election in favour of the president. I have several times been warned to be careful about him that there wasn’t anything that he could not do. Beyond the character presented in the media, however, I don’t know him. Nevertheless, I have told myself and told him that he cannot intimidate me into silence. In my letter to him, I told him that the best he can do to silence me is to kill me. As long as I live, I will speak my mind and assist people regardless.
In the letter to the University Rector, Mr. Mwamba claimed that I continuously use my position and facilities of the University to raise things against his government suggesting that the issues I portray are personal or private. I have thought long and hard on this, and am still thinking. Besides this petition to the UNDP, I cannot remember when else I used my position and University facilities in making public my opinions? Because I am deeply troubled by this accusation, I wrote Mr. Mwamba asking him to clarify what he means?
After much thought and before he replies, I thought perhaps he is referring to CHR public statements we have made on developments in Zambia? If this is the case, then he is grossly misled. Though I agreed with them, nevertheless, I did not participate in most of the statement by the CHR issued on Zambia. The only one I participated in was when the CHR called on Zambian government to release HH from prison where as indicated he was held without trial on trumped up charges of treason. This statement was first drafted by a CHR student showed to the Director who handed it to me to edit or suggest otherwise. After my additions together with that of another of our LLD student, the statement was published to the CHR website. Because I don’t remember of any other incident, he might be referring to, I want him to assist me understand him so that I can also address it.
UK based Zambian singer Lily Mutamz released a wedding song titled I DO. The songstress, who is a gospel artist, says the song can be sang by women to men on their wedding day.
In a move that will hopefully reduce corporate tax evasion in Zambia’s mining sector, multinational companies must now document all their “related party transactions” to show they aren’t using them to reduce their tax bill.
Traffic lights and speed limits set rules for driving on the road. But traffic cameras and police radar guns can also serve as effective additional enforcement and even deterrents as drivers know they can be caught and punished if they don’t comply with the rules.
Is there a parallel lesson to be learned in combating corporate tax avoidance?
This month, Zambia’s Ministry of Finance adopted new regulations that give the government one more tool to reduce the chance that mining companies are dodging taxes. Zambia is now hoping better informed tax auditing will deter corporations from manipulating the prices at which they sell goods and services to related companies, including parent companies, subsidiaries, and others within the same corporate structure. And if not, Zambia’s tax auditors will have the information needed to more effectively audit and make tax adjustments.
What is transfer pricing and why is it relevant?
Imagine that it costs (fictional) Nsima Mining $5 to mine a kilogram of a certain mineral that it sells to its parent company, Nsima Global, which markets the minerals at a cost of $1, before reselling it for $10. The group of Nsima companies has $10 in income, $6 in costs, and a total profit of $4. But what price did Nsima Global pay Nsima Mining for the minerals?
Defining this “transfer price” – the price of the first sale between the companies – matters if Nsima Mining and Nsima Global are in two different countries, where the profit can be taxed by two different governments. If the rates at which the profits are taxed in the two countries are different, companies may be able to increase after-tax profit by shifting their profits to the lower tax jurisdiction.
In the example above, surely Nsima Mining does not accept less than $5/kg, to cover costs, and surely Nsima Global does not pay more than $9/kg if it intends to resell the minerals at a price of $10/kg and had $1/kg of marketing costs. Between $5 and $9, the Nsima group has some control over setting the price, but it would be artificial for the group to assign a price at either extreme, and would raise eyebrows for tax authorities looking to address tax avoidance. For instance, with a transfer price of $5/kg, Nsima Mining reaps zero profit, meaning that the country where the minerals are being mined receives no profit tax.
The Mbeki Panel on Illicit Financial Flows has suggested that corporate tax avoidance may be costing Africa some $50 billion annually, and manipulation of transfer pricing is a key form of tax avoidance. In Zambia, particular concerns over potential transfer mispricing have been raised in the mining sector, which dominates the Zambian economy. Some of the largest mining companies, like Glencore’s Mopani Copper Mines, have been featured in the headlines over payments to related parties that may have significantly diminished their taxes paid. Some reports suggests that transfer pricing and other forms of corporate tax avoidance could be costing Zambia hundreds of millions of tax dollars annually. While it’s difficult to reliably quantify the scale of the problem, additional safeguards can be put in place to reduce the risk of transfer mispricing.
Combatting transfer pricing in Zambia
One common way in which governments often protect against profits being artificially located elsewhere is by requiring that the related companies use the “arm’s length price” – that is, the price they would get if the transaction took place between two unrelated parties. If the transfer price is equivalent to the arm’s length price, the transaction may be considered valid. In 2008, Zambia enacted incorporated an arm’s length pricing requirement (Income Tax Act Art. 97A). However, determining what the arm’s length price is can be a challenge without sufficient evidence.
Fortunately, there is a growing body of guidance on how to address transfer pricing, including specific guidance to Africaand the mining sector. In addition the African Tax Administration Forum (ATAF) has provided technical support to Zambia on transfer pricing. In line with this guidance, the Natural Resource Governance Institute (NRGI) and Oxfam have specifically encouraged Zambia to require transfer pricing documentation to allow tax authorities to verify compliance.
With its new transfer pricing regulations, Zambia takes an important step, joining a growing number of countries around the world in using documentation requirements to protect against erosion of the tax base and artificially shifting the profit. The regulations require companies to document transactions between related parties and to demonstrate that the transfer is at an arm’s length price. Multinational corporations must also maintain detailed information about the structure of the group of companies and their intra-group relationships. The documentation must be ready annually by the tax filing deadline, and must be shared with the Zambia Revenue Authority (ZRA) within 30 days upon request.
A key challenge going forward will be to ensure that the ZRA has the human resources and technical capacity to review the documentation generated by the new requirements. The ZRA must be well equipped both to assess transfer mispricing risks, so that it can request the most useful information, and to perform audits on the basis of such information. If the ZRA is empowered and sufficiently resourced, the documentation requirement can have impact: reducing transfer mispricing, both via tax adjustments and as a deterrent.
By reining in transfer pricing risks, Zambia can limit profit shifting by multinational companies, ensuring that more tax revenues are generated. If well managed, in part through stronger public finance management laws and efficient resource allocation and oversight, such revenues can provide Zambia the means to prioritize spending to address poverty as well as different forms of inequality, including gender and income inequality, as both Zambian civil society and the World Bank have recommended.
Daniel Mulé is a senior policy advisor for tax and extractive industries and Eneya Maseko, Extractive Industries Program Coordinator for Oxfam in Zambia.
