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The Football Association of Zambia Executive Committee has decided to call for an Extraordinary Council Meeting at which the findings of the FIFA Forensic Audit will be tabled.
This is contained in a statement made available to ZANIS in Lusaka today, by Football Association of Zambia Deputy General Secretary Adrian Kashala.
Kashala said FAZ has requested FIFA to carry out a Forensic Audit for the period 2012 to 2017 to ascertain FAZ revenue and expenditure which may not have been accounted for including the recently unauthorized circulated financial documents.
He stated that the dates for the Extraordinary Council Meeting will be advised in due course.
The Deputy Secretary General has since reiterated its commitment towards transparency and accountability in running the affairs of the Zambian game and further, re-affirmed its duty to its partners to uphold the highest level of integrity including confidentiality where it is pledged.
Mr Kambwili shortly after he was released by police
Police in Mansa on Friday ordered opposition NDC Political Consultant Chishimba Kambwili to discontinue a radio interview on local radio station KFM.
Mr Kambwili who is in the area campaigning ahead of a local government by election was briefly detained by police after he was picked up from the radio station.
Police Spokesperson Esther Katongo confirmed that Mr. Kambwili was on radio where he started with his interview well but later began uttering derogatory statements against President Edgar Lungu.
“Three officers went there and spoke to the station manager to have the interview discontinued as it had potential to cause a breach of peace,” Mrs Katongo explained.
She said Mr. Kambwili was taken to police where he was advised and left to go.
World Bank Country Manager Ian Ruthernberg and Swedish Embassy Deputy Head of Mission Karin Svernken signing the Administrative Grant agreement between Government of Sweden and World Bank on Electricity Service Access Project during the signing ceremony
The Government of Sweden and the World Bank have signed an Electricity Service Project Grant agreement which will increase access to electricity in rural areas.
The Electricity Service Access Project (ESAP) is designed to scale-up the Output-Based Aid (OBA) subsidy approach for consumer connections in rural areas.
Speaking during the signing ceremony, ZANIS reports that the World Bank Country Manager Ina Ruthenberg said the project is co-financed by the World Bank at US$26.5 million and the government of Sweden at $8.4million equivalent.
Ms. Ruthenberg who noted that the project will significantly increase access to electricity which currently stands as low as 4 % despite an increase in access in urban areas also stated that access to electricity is critical to poverty reduction.
She observed that with almost 775 of the rural population in Zambia living below the poverty line, the current grid connection costs are unaffordable.
The World Bank Country Manager said the availability of electricity promotes economic growth in any country as it gives an opportunity to people even in rural areas to venture into various business opportunities which enables them earn a source of income.
Ms. Ruthenberg further stated that the Rural Electrification Authority (REA) is the main implementing Agency, and ZESCO through a co-execution agreement shall be responsible for rolling out grid related investments to increase access.
Speaking at the same event, Deputy Head of Mission at the Embassy of Sweden Karin Averken said the US48.4 million targets connection subsidies for households and business in rural areas and will support activities such as the development of a National Electrification Strategy.
Ms. Sverken said energy services and access to electricity has for a long time been central to the Swedish development cooperation as part of efforts to contribute to conditions for sustainable growth in Zambia.
She stated that energy plays an important part of the programme with the objective of increased access to secure and sustainable energy for households, public service and businesses.
Ms. Sverken said the capacity building component of the energy sector under the project will have a long-term benefit on the sector and the country as a whole.
And REA Chief Executive Officer Patrick Mubanga assured that his organisation will ensure that the project is done as soon as possible.
FAZ will hold an extraordinary council meeting after FIFA has carried out a forensic audit of Football House.
Football House has decided to carry out an audit dating back to 2012 following leaked financial statements to a clique that is engaged in a protracted standoff with FAZ president Andrew Kamanga.
“The FAZ Executive Committee has decided to call for an Extraordinary Council Meeting at which the findings of the FIFA Forensic Audit will be tabled,” acting FAZ general secretary Adrian Kashala said.
“FAZ has requested FIFA to carry out a Forensic Audit for the period 2012 to 2017 to ascertain FAZ revenue and expenditure which may not have been accounted for including the recently unauthorized circulated financial documents.”
The audit will cover expenses and bonuses paid out to the previous executive after Chipolopolo’s 2012 AFCON triumph and 2013 COSAFA Cup win as hosts including all international engagements during the last seven years.
“The dates for the Extraordinary Council Meeting will be advised in due course,” Kashala said.
“FAZ wishes to reiterate its commitment toward transparency and accountability in running the affairs of the Zambian game and re-affirms its duty to its partners of upholding the highest levels of integrity including confidentiality where it is pledged.”
Zambia Airports Cooperation Acting Managing Director Maggie Kaunda says the Kenneth Kaunda International Airport will handle six million visitors per year once it’s operational.
Mrs. Kaunda disclosed that government has injected more than 1 billion dollars in the construction of four modern international airports.
She noted that government’s support to the aviation sector has helped in improving airport facilities in the country.
Meanwhile, Mrs. Maggie disclosed that the cooperation has intentions of constructing a hotel at Harry Mwanga Nkumbula International Airport.
She noted that the construction of hotels at the two international airports will contribute in increasing bed spaces and accommodation in the hospitality industry.
Mrs. Kaunda explained that conference facilities at the Kenneth Kaunda international airport will allow visitors to hold conferences within the airport facilities.
She said the cooperation wants to make facilities at international airports to be attractive and meet international standards.
Chief Government Spokesperson, Hon. Dora Siliya, MP
Chief Government Spokesperson Dora Siliya says Zambia is in good standing in the region and at International level.
Speaking at a Press Briefing in Lusaka today, Ms. Siliya said this can be evidenced by the number of Presidents that have been visiting the country.
Ms. Siliya said the media should play its role in ensuring that the good standing that Zambia has with other countries is highlighted.
She said government is disappointed that Bloomberg has reported that Zambia has accrued more debt than what the Minister of Finance had announced.
Ms. Siliya who is also Minister of Information and Broadcasting Services, said the Minister of Finance recently announced that Zambia has a total debt of US $ 8.7Billion as at December 2017.
She said there is no reason as to why government should not give a true reflection of how much debt the country has accrued so far.
Ms. Siliya said it is important that people are patriotic and learn to be truthful in the reporting of issues that affect people’s lives.
Meanwhile, Ms. Siliya said it is disappointing that the Opposition Political parties have snubbed the Zambia Centre for Interparty Dialogue (ZCID) to lead dialogue the process.
Ms. Siliya said it is important that ZCID be allowed to do the dialogue process because it is created to promote peace and dialogue.
The Minister has also announced that government will next week release K 200 million to pay the small and medium road contractors.
She said government will continue to plough back the money raised from toll fees to the Road sector so that it is improved.
Ms. Siliya said there is need to ensure that these resources are put to good use for sustainable road maintenance.
She has also disclosed that government spent about K 129 million in the fight against Cholera since it broke out.
Ms. Siliya said Cholera cases have reduced from 15 cases per day to about three or no cases due to the interventions that have been put in place.
She has since called on the general public to invest in water and sanitation because this is discovered to be the major cause of the disease.
Ms. Siliya said Millennium Challenge is also one of such organisations that is supplementing government’s efforts in ensuring that people have safe clean water.
She said the Millennium Challenge has increased water production from 90 million cubic litres to 120 million Cubic litres.
Lusaka Water and Sewerage Company (LWSC) has pledged its continued commitment to quality water supply.
Company Managing Director Jonathan Kampata noted that the rehabilitation of Iolanda Plant in Kafue is in order to restore the treatment plant to its design capacity of 110 million litres per day.
Engineer Kampata added that, the current rehabilitation works at Iolanda Water Treatment Plant will further result in an additional of 20 million litres to the current 90 million litres.
He indicated that the works are expected to be completed by November this year but the water utility company is working hard to ensure that the works are done by June/July 2018.
ZANIS reports that Eng. Kampata said this at a press briefing in Lusaka today held at the Lusaka Water and Sewerage Company offices.
Meanwhile, Eng. Kampata stated that the construction of the Kafue Bulk Water Supply Project has now reached about 80 percent completion stage.
He explained that the project is being undertaken to supply an additional 50 million litres of water per day by the end of this of this year under the first phase.
The LWSC Managing Director added that, the works on the Kafue Bulk Supply Project are on schedule.
And Eng. Kampata noted that under the Lusaka Water Supply, Sanitation and Drainage Project (LWSSDP), 94 KM of water network in Ndeke and Vorna Valley and 97 km in Kwamwena have been installed.
He said out of the two areas, 692 meters have been installed from the 850 consent forms received from residents in Ndeke Vorna Valley and 1,187 meters have been installed out of 1,500 consent forms received from Kwamwena.
Eng. Kampata noted that with support from various partners, the water utility company is providing up to 4.5 million litres of water to 31 110,000 litre tanks by 44 water bowsers.
Chitambo Area Member of Parliament Chanda Mutale has instructed the District Education Board Secretary(DEBS) to list down all teachers appearing on the Chitambo Payroll but are not working in the district to be submitted to the Teaching Service Commission so that they are recalled.
Speaking in an interview with ZANIS today,Mr Mutale said all teachers appearing on the district payroll must come back to the district or risk being banned from the teaching service.
He said if those teachers want to belong to the schools where they are currently teaching, they should find a way of swapping as the payroll should be left at the school where it was established.
“I want the DEBS to write down all those teachers who have congested our payroll and are not here, submit the list and they shall be looked upon critically, its either they come back or risk losing their jobs,” he said.
The parliamentarian said the situation of having teachers elsewhere is robbing away the much needed manpower for schools especially those in rural areas.
He applauded the Teaching Commission for the initiative of ensuring teachers report to schools they were posted adding that the move comes as a relief to Members of Parliament who will no longer have to ask for teachers for their respective constituencies as all those on the payroll will be called back.
And Chitambo Area Member of Parliament Chanda Mutale says government is cognizant of the fact that there is a shortage of computers in schools.
Speaking in an interview with ZANIS after he distributed books to schools across the district recently, Mr Mutale said government is not going to leave anyone behind adding that the introduction of Information Communication Technologies (ICTs) in schools is a sign of how committed government is in trying to achieve its objectives.
He said government wants to ensure that everyone is computer literate by 2030 as the world has now gone electronic.
Earlier, Vincent Sokoni a grade 9 pupil at Chalilo Primary School called on the Member of Parliament to procure computers for the school as the school has only two computers against 56 candidates who will be seating for their final exams and a total of 779 pupils who also use the gadgets during computer lessons.
“We are requesting your able office to procure computers for us so that we write our computer practical paper well this year and onwards,” he said.
Mines, Energy and Water Development Minister Christopher Yaluma
Commerce Trade and Industry Minister Christopher Yaluma says Government is pleased with efforts that Zambia Sugar is making in helping to drive the economy of the country forward.
Mr. Yaluma notes that Government has been following keenly the developmental activities at Zambia Sugar such as the creation of Jobs, enterprise development, and out-grower schemes among others.
He said Zambia Sugar’s contribution to the country’s economy can be attested trough the contribution of K3.8 billion through both direct and indirect taxes.
The Minister was speaking in Mazabuka yesterday when he officially flagged off the Zambia Sugar 2018 -2019 production season at a ceremony held at the companies Nakambala Sugar Factory.
The Minister and his entourage also took time to tour and familiarize themselves with operations of cane production by visiting both the cane fields and refinery sections.
And Zambia Sugar Managing Director Rebecca Katowa said she is hopeful that the company will during this production season record significant growth on its production.
Ms. Katowa said despite coming from a season which is faced with a lot of challenges such as the attack on sugar cane by the stubborn yellow aphids, the company is however, hopeful that meaningful profits will be recorded this year.
Veteran defender Joseph Musonda has been appointed as Nkana assistant coach.
Nkana Secretary Ken Mwansa said Musonda has replaced Billy Mwanza who has been taken to the youth team as an assistant coach.
Mwansa say Nkana will soon make more changes to the technical bench aimed at improving the team’s performance.
“Yes, I can confirm, we have re-organised the technical staff. Billy Mwanza has gone back to the youth team. In his place Joseph Musonda is coming in as assistant coach player,” Mwansa revealed.
Musonda, the ex-Chipolopolo star, played 90 minutes as Nkana drew 1-1 against Buildcon at home in Wusakile.
“We will be announcing more changes to the technical staff soon,” Mwansa added.
President Edgar Lungu delivers his speech during the State of the Nation address at Parliament Buildings
By Isaac Mwanza
Introduction
Following the filing of the motion on 22nd March, 2018 in an attempt to impeach the President of the Republic of Zambia by the opposition United Party for National Development (UPND), through the Mazabuka Member of Parliament, Hon Garry Nkombo, this author wrote to the Clerk of the National Assembly regarding grounds 1.1, 1.2 and 2.1.5 which are active matters before the courts of law. Further, I have heard the National Democratic Party Consultant, and Roan Member of Parliament, Hon. Chishimba Kambwili, stating that the vote on the impeachment motion is by secret ballot. That is not correct, correct, as I discussed in Series 5.
In this series, we discuss the role of the courts in Zambia regarding Parliamentary business, such as the impeachment motion.
The question is, if the National Assembly had responded that it would still go ahead and entertain the motion irrespective of the fact that some matters contained in the impeachment motion, are in court, what recourse do I have? What recourse would the movers of the motion have if the Speaker denied them the right to have a secret ballot in the first round?
The Question of the law
The relevant provisions of the law are Article 1(5), 76(1), 77(1) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia as well Section 34 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia. One may however not forget to look for judicial precedent on how the courts have dealt with questions regarding decisions by the Speaker of the National Assembly.
“Article 1. (5) of CAP 1 A matter relating to this Constitution shall be heard by the Constitutional Court.
Article 76. (1) A Member of Parliament has freedom of speech and debate in the National Assembly and that freedom shall not be ousted or questioned in a court or tribunal.
Article 77. (1) Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.
Section 34 of CAP 12 Neither the Assembly, the Speaker nor any officer shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in the Assembly, the Speaker or such officer by or under the Constitution, the Standing Orders and this Act.”
At this stage, I must categorically state that Zambia’s constitutional democracy comes with it the doctrine of separation of powers where the legislative authority exercised by our National Assembly is the power to make, amend and repeal laws, while the Judicial authority exercised by our courts, such as the Constitutional Court, grants them the exclusive power, if there is a dispute, to determine what the law is and how it should be applied in the disputes.
The UPND have taken the question regarding whether President Lungu should have ceased to perform the executive functions and if the Speaker should instead have assumed the performance of the executive functions, during the period when the 2016 Presidential election petition was before the Constitutional Court, which matter is active before that court and has never been decided in any case.
At the same time, the main opposition party would like Parliament, through the impeachment motion, to authorise an inferior Tribunal to investigate the same matter. As per Article 1(5), the power to interpret the provisions for power hand over lies in the Constitutional Court and no other.
On the Question of dragging the Speaker to Court
On the question as to what I would do if the National Assembly responded in the negative and proceeded to table the motion on the floor of the House. The answer may lie in seeking judicial review but the chances of success of such an action, being an action to use the courts to compel the Speaker to strike out any matter from parliamentary business, would be extremely slim.
The same applies if Hon. Kambwili and those who moved the motion sought to take the route they had been planning of seeking the intervention of the Court to compel the Speaker to conduct a secret ballot would draw a blank, as the Court would in all probability, rule that the power to do so, is by our constitution, vested in the office of the Speaker of the National Assembly.
As seen from Articles 76 (1) and 77 (1) of the Constitution and Section 34 of the National Assembly (Powers and Privileges) Act, the National Assembly enjoys autonomy to make decisions regarding regulation of its own procedure, the freedom of lawmakers to debate cannot be ousted or questioned in a court or tribunal.
In addition, the Speaker of the National Assembly of Zambia is not subject to the jurisdiction of any court in the exercise of any power conferred on the Assembly and the Speaker under the Constitution, the Standing Orders and National Assembly (Powers and Privileges) Act. If the National Assembly decided to table the impeachment motion or if the Speaker decided not to take a secret ballot in the first round where no secret ballot is provided, an action in judicial review will do little to overturn such decision.
However, the position of the law that the Speaker is not subject to the jurisdiction of any court in respect of the exercise of any power conferred on him under the Constitution, the Standing Orders and the National Assembly (Powers and Privileges) Act, does not mean that the Speaker’s decision is not amenable to judicial review by the Courts. It is.
In the case of the Attorney-General v. The Speaker of the National Assembly and Dr. Ludwig Sondashi, MP (SCZ Judgement No. 6 of 2003), the Supreme Court held that the High Court of Zambia has Constitutional Jurisdiction to hear applications for judicial review in matters involving parliament. Earlier the learned trial judge observed that in the United Kingdom, the High Court would most likely have held that it lacked jurisdiction in an application for judicial review of a decision of Parliament.
Indeed, many have exercised that right to challenge the decisions made by the Speaker. It must be noted that when judicial review is commenced before a decision has been made by the decision-maker, the action becomes prematurely before the court as there would be nothing for the court to review. In the current case, it is the submission of this author that the decision whether to table or not to table the motion has not been made by Parliament,
In the case of Fredrick Jacob Titus Chiluba v Attorney-General (Appeal Number 125 of 2002), former President Chiluba (deceased), appealed against the judgment of the High Court dismissing his application for Judicial Review of the decision of the National Assembly to remove his immunity, the Supreme Court held that the remedy of Judicial Review is concerned with reviewing, not the merits of the decision in respect of which the application for Judicial Review is made, but the decision-making process itself.
The Court was very clear that the purpose of Judicial Review is to ensure an individual is given fair treatment by the authority to which he has been subjected. Indeed, it is not – I repeat – it is not the purpose of the judicial review to substitute the opinion of the Speaker of the National to decide the question of the impeachment motion or not to have a secret ballot with that of the judiciary or individual judges.
The big question we must seek to address at this juncture is whether any court action, in form of a judicial review, is capable of stopping the motion of impeachment. The Courts have frowned upon litigants (people) who run to court to use the mechanism of judicial review as a way of impeaching the National Assembly from going ahead with the debates on proposed legislation or other parliamentary business.
In the case of Zambia Democratic Congress v. Attorney-General (SCZ Judgment No. 37 of 1999), the Supreme Court categorically stated:
“In Zambia, legislative process…cannot be arrested by commencing proceedings for judicial review. On ground of procedure alone, the application was misconceived and ought to have failed ab initio.”
In March, 2013, the member of Parliament for Monze Central, Hon. Jack Mwiimbu, rose on a point of order to stop Speaker Matibini from proceeding with the motion to lift former president Rupiah’s Banda’s immunity as he had successfully obtained an injunction from the High Court which sought to stop parliament from proceeding with the motion until the case had been disposed of in the courts of law.
In his ruling. Speaker Matibini stated that he could not follow the injunction because it was irregularly issued. Among reasons given by Speaker Matibini is that “parliament enjoys protection of its internal processes, and these processes cannot be subjected to judicial interference.”
This decision by Speaker Matibini was criticised by many. NAREP President, Elias Chipimo stated that the action by the Speaker was both surprising and concerning because as a former Judge, the Speaker did not accord due respect to the notion of separation of powers, because the effect of rushing the decision on the motion of lifting the immunity created the impression that the impartiality of parliament may be open to question.
The criticism was not of the Speaker exercising his powers within the provisions of the law and in view of the doctrine of separation of powers; rather, the problem was that many saw the action of the Speaker as having passed judgment on an order of a proper court when neither the Speaker nor parliament itself, can exercise judicial power for the simple reason that they do not have the power of a court.
Parliament does not, indeed, have the power of a court nor does the Speaker have the power of a judge. In the case in issue, namely the Speaker’s disregard of a court order on lifting the immunity of former President Rupiah Banda, some have argued that the Speaker fell into grave error by purporting to exercise the power of a court in dismissing the restraining order against him. It has persuasively been argued that since, in a constitutional democracy like ours, courts exist to check on the exercise powers of the legislature, the correct course of action by the Speaker ought to have been for Parliament to obey the court order and wait for its determination by the court itself.
On the contrary, it can also be argued that the Speaker’s decision in handling of the restraining order in the Rupiah Bwezani Banda challenge was in line with what the Court held in the ZADECO case that legislative process cannot be arrested by commencing proceedings for judicial review. The question is how does the Speaker decide which court cases to respect and which ones to ignore in performance of legislative process?
There is no doubt that by the decisions in the cited ZADECO and FTJ Chiluba cases, the courts themselves had held that the business of parliament cannot be arrested by way of orders of the courts. Therefore, in the matter where former President Rupiah Banda had successfully obtained a court order to restrain the Speaker from proceeding with the motion to remove his immunity, the court would have ruled that Parliament should proceed with the motion to remove former president Rupiah Banda’s immunity, and would have vacated its own restraining order or injunction.
In another instance, assuming the movers of the impeachment motion were informed that the Speaker would table the motion but that there would be no secret ballot when voting in the first round, and they went ahead to get an injunction to prevent the motion from being debated, would the injunction stop the legislative process of tabling and debating the motion? Suppose this author who petitioned the Clerk of the National Assembly obtained an injunction to stop the Speaker from debating matters that are before the court, could the Speaker be bound by such a decision?
The answer lies in the very concept of separation of powers. The Speaker would, in that instance, ask himself whether debating matters which are pending determination by the courts would turn Parliament into a “court” that may altogether produce a judgment different from what the court would do.
There is a significant difference between the Speaker taking notice of matters which are already before a competent court so as to preclude Parliament or him exercising jurisdiction to have the legislature debating and determine them, and avoiding attempts by litigants to arrest Parliamentary business using the tool of judicial reviews and restraining orders.
Similarly, the Speaker will also weigh whether a judicial review to determine the issue of secret ballot in the first ground would interfere with the internal processes, especially that the courts have ruled that the process of judicial review does not seek to replace the decision of the decision – maker (in this case the Speaker’s decision) with that of the court or Judges.
Conclusion
In summary, the rule that judicial review cannot be used to stop the legislative process is well-grounded in law as shown above. The Speaker has unfettered power to make decisions on parliamentary business provided such decisions are not ultra vires his power. The Speaker may refuse to table the motion, not because of any process of judicial review, but based on the fact that while it met the constitutional requirement of one-third of members endorsing it, the motion fails the test of admissibility. He would have done so within his powers and provisions of the law.
In the event that the Speaker allows such a motion, he may also direct the striking out of matters which are before the courts, or matters which have already been decided by the House, or matters which seek to debate persons who cannot defend themselves. At the very least, the entire motion can be tabled and a demand for a secret ballot in the first round, rejected because the law expressly states that voting in the first round, shall not be by secret ballot. The Speaker’s decision is, in those instances, “not subject to the jurisdiction of any court in respect of the exercise of such power conferred on him under the Constitution, the Standing Orders and National Assembly (Powers and Privileges) Act.
AUTHOR’s NOTE:In the last and final Series 8, the focus will be made on the dialogue process in view of the effect this impeachment motion and a focus will be made on the way forward for the dialogue
Vice President Inonge Wina at AU SummitZambia’s Vice President Inonge Wina is on Monday expected in the United Kingdom to attend the Commonwealth Heads of Mission (CHOGM) Summit that will take place from 16th to 20th April 2018.
According to a press statement released to the media by Mrs Abigail Chaponda, the First Secretary for Press and Public Relations
at the Zambian High Commission in the United Kingdom, Mrs Wina will be accompanied by the Minister of Foreign Affairs Hon. Joseph Malanji, Finance Minister Hon. Margaret Mwanakatwe, Justice Minister Hon. Given Lubinda, Commerce Trade and Industry Minister Hon. Christopher Yaluma, Permanent Secretaries and government officials.
The summit will bring together up to 53 Commonwealth leaders, 53 Foreign Ministers and thousands across business and civil society, representing the Commonwealth’s vibrant and diverse global network of over 2 billion people.
The meeting will take place in iconic venues in London and Windsor such as, Buckingham Palace, St James’s Palace, Windsor Castle and Lancaster House.
The theme for the 2018 Commonwealth Heads of Government Meeting is “Towards a Common Future”. The Summit has set out four main pillars mainly; Prosperity, Security, Fairness and Sustainability and is focused on building on the strengths of the Commonwealth to ensure the organisation is responsive to global challenges.
And speaking ahead of the Summit, Zambia’s High Commissioner to the United Kingdom His Excellency Mr. Muyeba Chikonde said the Commonwealth Heads of Government summit is an important event and a platform to share common values across the Commonwealth family of over 2 billion people represented across the globe.
“CHOGM is an important event as it provides an opportunity for Zambia to share her rich history of peace, heritage and culture and to forge new partnerships in trade anchored on the aforementioned pillars of the summit,” he said.
High Commissioner Chikonde said Zambia will fully participate in all forums at the summit namely: The Commonwealth Women forum, the Commonwealth People’s forum, the Commonwealth Youth forum and the Commonwealth Business forum where Zambia’s Finance Minister Hon. Mwanakatwe has been invited as a VIP speaker which is scheduled to take place from 16th- 18th leading to the summit.
High Commissioner Chikonde said the business forum will provide an opportunity for high level dialogue on trade and investment between private enterprises and governments from across the commonwealth and beyond.
Zambia has benefits as a member of the Commonwealth in various ways through technical support to many institutions and programs and these include among others; Support to the Anti-Corruption Commission, Commonwealth Finance Access Hub, Rule of law and justice training and capacity building, Human Rights, SME Development, Sports for Development and Peace and Support to the electoral Commission.
In 1979 Zambia hosted the 5th Commonwealth Heads of Government meeting and 39 countries attended the meeting. The meeting was held in Lusaka, Zambia from 1st – 7th August 1979, issues discussed at the meeting included the situation in Rhodesia, the armed conflicts in Indo-China, the global growth of the refugee problem, the situation in Cyprus and Southern Africa. The Lusaka Declaration of the Commonwealth on Racism and Racial Prejudice was issued at the end of the CHOGM, including a special declaration condemning apartheid.
MINISTER of Home Affairs Stephen Kampyongo has directed police to take keen interest in allegations made by Rainbow Party general secretary Wynter Kabimba that the Socialist Party is being funded by donors who promote homosexuality.
Mr Kampyongo said in an interview yesterday that there is no way Mr Kabimba, a seasoned lawyer, can make wild allegations when he knows the consequences of telling lies about other people or organisations.
“Police should take keen interest in this matter. They should follow it up. Do not ignore Wynter Kabimba,” he said
Meanwhile, Rainbow Party leader Wynter Kabimba has said that some people are trying to use his statement about the Socialist Party getting funding from homosexuals to get to its leader Dr Fred M’membe.
Disputing a media reports that Socialist 2021 Presidential Candidate Fred M’membe had proposed love to him in 2013, Mr Kabimba described the story as fake news and not true , adding that if it were true, he would have said it on a public forum the same way he did when he explained what he knew about who was funding the Socialist Party.
“When they are going to quote me and say ‘he said this at the secretariat on such and such a day’, surely, they must disclose the audience. They must tell the people whom I was talking to about the issue. Secondly, when I was at Millenium Radio, if you remember, I said I don’t believe in anonymous discourse myself. I believe in coming out with facts so that the other people that are out there can identify me as the source about what I am saying and then they can challenge me and respond. So it is out of my character that I can issue a statement like that and I am not doing it on a public platform that affords the other person or the other people an opportunity to respond. Secondly, I have never travelled with Fred myself to the Copperbelt as is being alleged. I have never travelled with the man. Even he himself where he is seated, he knows that this story is a fabrication. Thirdly, I am not a malicious person. I will not make or say something against somebody out of malice. That, again, is out of character for me. I believe in being objective, I believe in advancing an argument, I believe in stating the truth as it is, that is my character. So there are people that want to take advantage of that statement which I made to try and get at Fred, that was not my intention of that statement,” Kabimba said.
He said there were people who were trying to get at Dr M’membe by twisting his statement.
“There are people that want to get at Fred using my statement that’s why after they write that portion of the statement, they go back to my statement on radio to try and justify that statement. But if you look at the two statements correctly, they don’t even tally. If that were true, I would have said it on that public platform when I was on radio. I would have said it very clearly to afford the person that I am talking about or that I am talking against, an opportunity to respond. That’s the way I have done things in life. So the story is a total fabrication, it is mischievous, it is malicious and there is just no truth to it. There is nobody that I spoke to on that story which is attributed to me is talking about, nobody,” said Kabimba.
“But what I have also seen is that lies are quickly believed on social media and not the truth. So for me, if people are going to fabricate a story like that, like they did about the alleged memorandum of understanding between Edgar Lungu and myself, if they are going to fabricate that story and they themselves the fabricators start making comments, why should I believe anything that is said about anybody on social media? I wouldn’t. I would never believe anything that is said on social media about anybody because of that kind of fabrication. If they can do it to me, then they can do it out of malice against somebody else and that’s why you have seen, I have been very cautious to make statements on anything which originates from social media. I am sure even Fred where he is, he knows that that could not have come from me and that is not my way of doing things, that’s not my culture.”
• Party Conference that elected Felix Mutati illegal
• Mutati, Nakacinda were expelled and could not therefore convene a legal conference
• the expulsion of Mutati as a member of the MMD has been confirmed upto the Supreme
BACKGROUND
On May 22nd 2016, Felix Mutati held a party conference that made him go through unopposed to become the new MMD President at the Party Convention held at Mulungushi University in Kabwe.
Mutati challenged former party President Nevers Mumba who they claimed did not even show up at the convention despite being invited to the event.
Eastern Province Chairperson Jacob Mwanza moved a motion to dissolve the NEC and revoke all suspensions as well as expulsions which was seconded by North Western Chairperson.
Mwanza also proposed that the election of the party President be done simultaneously with the election of NEC members which was also seconded.
Over 1700 delegates from all the ten provinces are attending the convention.
Following the holding of an emergence party conference and the consequent election of Felix Mutati as new party leader, MMD President Nevers Mumba sought protection from the Lusaka High Court.
He filed a case in the Lusaka High Court stating that the Conference was held without following due process and regard to the party constitution.
He sought a declaratory order that the conference that elected Mutati was illegal especially that Mutati and others were earlier expelled and the expulsions confirmed upto the Supreme Court.
The Mutati group appealed to the Supreme Court.
The Supreme Court upheld the ruling of the lower court and condemned Mutati to cost.
The Felix Mutati were advised( not mandatory) that this matter should best be resolved by the party itself(meaning they can hold a fair conference where all parties are allowed to participate) or on issues of party constitution can be referred to the Constitution Court whose jurisdiction is constitutional matter.
Interpretation
The conference that elected Mutati as party Leader was illegal
The status quo moves to the prior position( where Nevers Mumba was MMD President)
In August 2017, the Court of Appeal dismissed an application by Felix Mutati and three others to stay proceedings in a case where their membership of the former ruling party MMD was being challenged.
Mutati, Raphael Nakacinda, Mwansa Mbulakulima and George Kangwa appealed to the Court of Appeal against Lusaka High Court judge Mwiinde Siavwapa’s refusal to stay proceedings in the case where acting MMD national secretary Winnie Zaloumis challenged their membership following their election at a disputed convention that purported to oust Nevers Mumba from the party’s leadership.
