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Water and Energy Ministry Permanent Secretary Bishop Edward Chomba
Government says the lives of people of Northern Province will be changed once the various projects being implemented in the area are completed.
Northern Province Permanent Secretary Elias Kamanga pointed at projects being undertaken by the Lake Tanganyika Development Project (LTDP) as important ventures that will transform the wellbeing of the people.
He was speaking yesterday when Ministry of Energy and Water Development Permanent Secretary Bishop Ed Chomba called on him at his office yesterday.
Mr Kamanga, commended the government and the African Development Bank (AfDB) for making available financial resources for the successful implementation of the projects in Nsumbu and Nsama districts.
He added that the Lake Tanganyika is also critical in the advancement of fish farming in the region – which the government is currently promoting.
And Dr. Chomba said the Monitoring and Evaluation of the activities being undertaken by the Lake Tanganyika Development Project is very important for government.
He said the ministry of Energy and Water Development will rely on the Provincial Administration to ensure that the funds under the charge of the project are properly appropriated and accounted for to benefit the people.
Dr. Chomba said the two offices should therefore work closely together to see that the project is developmental in nature instead of spending huge amounts of money on seminars and workshops because ultimately they will be answerable to Parliament.
The Construction of 44 houses for the blind and disabled people that have been resettled to pave way for development of a $450 million Kafulafuta Dam project in Masaiti district in Copperbelt province has neared completion.
Kafubu Water and Sewerage Company (KWSC) Planning and Development Manager, Paul Billima, says the houses are mostly for those that had been displaced from the government run Blind Centre in the district.
Mr Bilima further said the 44 houses are part of over 250 houses that the contractor, China Complete Corporation, have been built for people as part of compensation for their relocation since the Dam project was launched in the district.
He said the company expects to move all the affected people into the new houses by the end of April and thereafter commence works on the Dam project along Kafulafuta River.
In an interview with ZANIS shortly after inspecting the houses, Mr Bilima said once completed the project would see the company extracting more than 300,000 cubic metres of water a day.
Mr Billima further stressed that the project will also create employment and opportunities for people to engage in fish farming among other ventures.
“These extractions will improve service delivery by Kafubu and adequately serve the districts. The project will create thousands of jobs for the locals and allow us to improve service delivery,” he said.
And Zambia Agency for Persons with Disability Inspector, John Kununa, has commended the project whose standards he described as impressive.
Mr Kununa was however quick to call upon the contractor to provide ramps at the entrances of the houses to cater for the disabled in the area.
“We need to have some ramps built to allow easy access for people on wheelchairs, otherwise we are very impressed with the standards of the houses,” he said
Mr Kununa has since urged people that will occupy the houses to take care of them and form committees that would look into issues of cleanliness and maintenance of the facilities.
The Kafulafuta dam project, funded by Government through a loan secured from Exim Bank of China, is expected to start this month of which when completed will provide clean and safe water in Masaiti, Mpongwe, Ndola and Luanshya districts.
The Environmental Impact Assessment Regulations (Statutory Instrument No. 28 of 1997) and the Environmental Management Act No. 12 of 2011 mandate the Zambia Environmental Management Agency (ZEMA) to enforce fair compensation and resettlement of persons affected by any development project or programmes across the country.
Find herewith pictures for your possible use. President Edgar Lungu with United Nations Coordinator in Zambia who is also United Nations Development Programme (UNDP) Resident Representative Ms Janet Rogan when she paid a courtesy call on the Head of State at State House on Wednesday, 4th April, 2018. Pictures by Eddie Mwanaleza
President Edgar Lungu says the ruling Patriotic Front is ready to dialogue whenever all the stakeholders involved are ready to do so.
The President has however underscored that the dialogue process must be driven by the Zambia Centre for Interparty Dialogue (ZCID) as the umpire and not external players who can only participate as observers.
The President notes that there is nothing wrong for outside players to participate, but only as observers and not as adjudicators because Zambia is capable of addressing its own issues as a sovereign nation, and that historically Zambians have come out of very difficult situations on their own.
The Head of State says it is wrong for external forces to lead the process of dialogue with set conditions in a sovereign nation like Zambia when the country was not even on fire.
The President also notes that the dialogue process for political parties is a give and take scenario and all participants have to play to the rules of the discussions and not to individuals.
“We are ready to talk and anyone is free to participate in the dialogue process, but not to take center stage because we are a sovereign nation .Anyone can be part of the process, but only as observers and the ZCID as umpire. We Zambians have to own the process,” the president said.
“This dialogue is meant to achieve a predictable system which will enable us choose leaders without interference. There is need to have an arrangement which is clearly understood and with minor conflicts, “said the Head of State.
The President said this when United Nations Resident Coordinator In Zambia ,who is also United Nations Development Plan Resident Representative Janet Rogan pad a courtesy call on him at State House today.
Ms. Rogan wanted to ascertain the President’s stance on talks with the opposition.
The two further discussed a number of issues among them infrastructure development, the 7th National Development Plan and Media.
Meanwhile the President is deeply concerned that the media in the country has continued to push political agendas at the expense of serious matters of national development.
The President is saddened that the country was spending so much time politicking at the expense of seeking solutions to many challenges that the people were faced with.
The President emphasises that there is a lot of work which needs to be done for the country to achieve economic growth and prosperity, unfortunately so much time is being dedicated to the political front
“Let’s focus on national development. We cannot hijack the lives of the people with politics. And our focus on national development can only be achieved if distraction is minimal,” said the President.
“Our media is awash with politics at the expense of discussing serious matters of how the governmne5t should address issues such as maternal mortality, improve life expectancy, sensitizing people on cholera prevention. No one really wants to focus on things that matter such as putting food on the table of the suffering people, water reticulation, addressing gender based violence and early marriages. There are also many other health challenges such as prostate cancer that the media can help in sensitizing men who are prone to this disease. But the agenda is ever being zoomed into politics,” the President said.
The President hailed the United Nations for its continued cordial relations with the Zambian government saying there is need for this collaboration to continue especially in the areas of governance such as fine tuning the Zambian Constitution and implementation of the development programme.
Find herewith pictures for your possible use. President Edgar Lungu with United Nations Coordinator in Zambia who is also United Nations Development Programme (UNDP) Resident Representative Ms Janet Rogan when she paid a courtesy call on the Head of State at State House on Wednesday, 4th April, 2018. Pictures by Eddie Mwanaleza
Meanwhile the President in his discussion with Ms. Rogan noted that infrastructure such as roads were essential to national development contrary to assertions by some sections of society that no one could eat roads.
The President says all service delivery in various sectors of the country’s economy was anchored on road connectivity, for health delivery to take place or for agro products to be taken to the market, there is need for roads.
This is contained in a statements made available to ZANIS in Lusaka today by Chief Analyst for Press and Public Relations at State Hose ,Cecilia Mulenga.
Shepolopolo on Wednesday kept their 2018 Women’s AFCON qualifying hopes alive after fighting back to draw 3-3 away in a preliminary round , first leg tie against Twiga Stars Tanzania in Dar es Salaam.
Zambia battled from two-down in the opening 22 minutes when Stumai Abdullah put the Twiga Stars ahead in the 1st minute.
Asha Rashid then scored her first of two on the day in the 22nd minute.
But Barbara Banda cut that lead in the 25th minute and Misozi Zulu equalized in the 46th minute.
However, Rashid put The Twiga Stars back ahead two minutes later before Banda restored parity in the 79th minute.
Shepolopolo and The Twiga Stars will meet in the final leg on April 8 at Nkoloma Stadium in Lusaka.
Winner over both legs will advance to June’s final qualifying phase where they will face victor of the first round tie involving Namibia and Zimbabwe.
THE opposition UPND says it will not relent on the motion to impeach President Edgar Lungu.
UPND spokesperson Charles Kakoma, in a press statement on the way forward on the impeachment motion, stated that his party would continue “to apply pressure for the motion to be heard”.
“We wish to inform the nation that the UPND and other progressive forces will continue to pursue the motion to impeach Edgar Lungu,” Kakoma stated.
“Although the motion was not debated on Wednesday last week (March 28) because the Speaker’s office ‘sat’ on it, the UPND will continue to apply pressure for the motion to be heard. We are aware that similar tactics used during the presidential election petition are being used to stop the impeachment motion. The presidential election petition was not heard [and] now they also want the impeachment motion not to be heard. This will not be allowed.”
He stated that the UPND was noticing a trend where “fake propaganda” was being amounted against the opposition political party in order to divert the attention of Zambians from the impeachment motion.
“Three days ago, the nation was treated to the most unreasonable and wild allegations that the United Party for National Development had mobilised funds to bribe independent members of parliament to support the motion to impeach President Edgar Lungu from power prematurely. The nation must have been awed by such baseless claims by the PF through David Silubanje, who claims that UPND was offering US$1million to each independent MP who would support the impeachment motion,” Kakoma stated
Zanaco moved to third place on the 2018 FAZ Super Division table on Wednesday while defending champions Zesco United were held at home by National Assembly.
At Levy Mwanawasa Stadium in Ndola, Zesco failed to breach promoted Assembly to finish 0-0.
It was the second time that Oswald Mutapa’s Assembly had come to Levy this season and frustrated the home side after beating Buildcon 1-0 on Day One on March 18.
Zesco are 11th on 4 points with three games in hand from two matches played and are tied on points with 15th placed Assembly.
But the day belonged to Zanaco who jumped five places to 3rd after a 1-0 home win over fifth from bottom Forest Rangers at Sunset Stadium in Lusaka.
Romaric Pitropia scored the games’ lone goal in the 23rd minute when he headed-in a cross from Guily Manziba.
Meanwhile, big spending Buildcon’s awful start to the 2018 FAZ Super Division campaign continued on Wednesday when they lost 1-0 away at Lumwana Radiants.
Ronald Chibwe scored for Lumwana in the 37th minute to dispatch second from bottom Buildcon to their third successive league defeat.
Lumwana rise from 17th to14th on 4 points after collecting their first win of the 2018 season.
Lusaka Province Minister Bowman Lusambo on a familiarization tour of City Market Market and part of Lusaka CBD
Government has expressed happiness with the workmanship of AVIC International the contractor engaged to construct and Rehabilitate Roads in Lusaka under the L400 road project.
Lusaka Province Minister Bowman Lusambo expressed happiness shortly after touring Mungwi, Lumumba and Ngwerere Roads yesterday.
Mr Lusambo disclosed that Phase two of the project is expected to cost two hundred and forty one million dollars.
He said Lusaka is growing at a very fast rate hence the need to improve and grow the road network.
And Mr Lusambo says the completion of the phase two L 400 projects in Lusaka is expected to give new look and boost business through provision of better services.
The Provincial Minister further commended Road Development Agency –RDA- for marking considerable progress on the project.
Mr Lusambo who is also Kabushi Member of Parliament cautioned members of the public against encroaching on land meant for development such as construction of roads.
He further said its government agenda to reshape and maintain all the roads in Lusaka and other parts of the country to improve the living standards of its citizenry.
And Road Development Agency –RDA- Director and Corporate Affairs Masuzyo Ndhlovu said seventy percent -70% of the project has been done so far.
Meanwhile AVIC International Chief Engineer Huang Jun further explained that the project is expected to be completed in July this year.
Outgoing Chinese Ambassador to Zambia YANG YOUMING, says Zambia is the 2nd largest destination of Chinese investment in Africa.
Mr. YANG says there has been an increase in both private and public Chinese investments to Zamia.
He has attributed this to the stable and conducive environment which has continued to attract direct foreign investment.
Mr. YANG was speaking in Lusaka today, when he met Housing and Infrastructure Development Minister Hon. Ronald K. Chitotela MP. to bid farewell.
The Chinese envoy assured the Minister that the Chinese government will continue to support Zambia.
“China will continue to support the government of Zambia in its effort to diversify financing options of infrastructure projects.” Mr YANG said.
He added that Zambia should continue prioritising infrastructure projects which once finished will help improve the country’s economy.
And Mr. CHITOTELA said Zambia has seen an upswing in infrastructure development during Mr. YANG’s tenure.
He said CHINA is helping Zambia to undertake milestone infrastructure projects which include the Kenneth Kaunda International Airport, the Ndola International airport and the specialised hospital among others.
Mr. CHITOTELA has thanked Mr. YANG for playing a pivotal role in ensuring that Zambia put up an international conference centre ahead of hosting the African Union summit in 2022.
“ You played an important role to ensure that Zambia starts putting up an ultra modern international conference, for that Zambia will forever be grateful.” Mr. Chitotela said.
The Minister added that Zambia is now a shining example in the region in terms of infrastructure development.
Chief Government Spokesperson, Hon. Dora Siliya, MP
Chief Government Spokesperson and Minister of Information and Broadcasting Services says government is not intolerant by expelling an envoy for engaging in partisan politics but merely wants to deter foreign nationals to interfere in internal matters of the country.
Ms. Siliya said government acted in the interest of the people of Zambia by expelling the Cuban Ambassador to Zambia who abrogated the diplomatic eticate by engaging himself in partisan politics.
In an interview with ZANIS in Lusaka today, The Minister said it is undiplomatic for an envoy to interfere in internal matters of the country stating that as much as the country allows plural politics it does not allow non-Zambians to interfere.
“It is not allowed for a diplomat in a foreign country especially one who has just arrived to engage in partisan politics. It is not in the interest of the PF government alone, it is in the interest of Zambians, us as a country that want self-determination which is the basis of independence that we want to manage our country. We will have our plural politics, we don’t have to always agree but that, is an activity we have to do ourselves,” Ms. Siliya said.
She said the Zambia government will soon have another Ambassador from Cuba to replace the expelled envoy whom government does not agree with for engaging in partisan politics.
Ms. Siliya further stated that the Zambian government and Cuba still have good relations despite the incident hence, the decision by the former to send another envoy to Zambia.
“This matter has been agreed that this ambassador is recalled and we expect a new one very soon, so our relations with Cuba continues. It is this particular ambassador we took great exception to, to announce that he can support another political part in Zambia while, he is here accredited to the government of Zambia and by extension to the people of Zambia in spite of the political affiliation,” the Minister explained.
She said Zambia is not intolerant as it is not incensed with the opposition noting that countries that do not allow the opposition to exists are the ones that are intolerant.
The Cuban Ambassador to Zambia was expelled by the government of Zambia for engaging in partisan politics by supporting the newly launched Socialists Party which is being led by Former Defunct Post Newspaper Managing Editor Fred Mmembe.
The article made reference to ActionAid Zambia Country Director Nalucha Ziba during the handover ceremony of boreholes in Nalolo District. We wish to clarify that ActionAid Zambia in partnership with Nalolo District Council has planned to drill over 15 boreholes in total in the District over the three year period of the project with 8 boreholes which have been referred to in the article being drilled in the year 2017. The amount of money quoted in the article is therefore not a true reflection of the money spent on 8 boreholes which were handed over.
The correct amount for the 8 boreholes launched on 28th March, 2018 in Nalolo District was ZMW 204,000 (ZMW 25,500 per borehole). These figures can be confirmed with the Local Contractor; Luena Water Wells and the District Council which oversees implementation and local procurement who have been part of the monitoring process.
We wish to put it on record that our approach towards service delivery is to demonstrate alternatives to government and other service providers so as to ensure progressive resource use that benefit the intended beneficiaries. We have demonstrated alternatives to government by building schools,
pupils’ dormitories and clean and safe water points. This is aimed at providing evidence to government that we can achieve a lot with the available limited resources if accountability is upheld in the process of service delivery. This approach is founded on the principle of Value for Money
and this demonstration is one of the many endeavours the organization has embarked on to use service delivery as a vehicle for promoting accountability in public resource management.
ActionAid Zambia’s position in terms cost efficiency and effectiveness remains untainted and we will continue to promote accountability to ensure progressive resource allocation and utilization as it is at the centre of public resource management for improved public service delivery. It is
important to note here that our motivation and driving force is that, it is an inherent right for every human being, especially women and children to have access to clean and safe water as it plays a vital role in our daily activities.
It is our sincere hope this clarification will help set the record straight and that our office is open for further engagement on the matter.
Issued By: Nalucha Nganga Ziba
ActionAid Zambia Country Director
A grade 10 pupil of Moses Luneta Secondary school in Chavuma district of North Western Province has died after excessively drinking a local brew commonly known as Kachasu.
The deceased identified as Harold Chinyama Kasoka is said to have drunk Kachasu for two days without eating any food.
North-Western Province Commissioner of Police Hudson Namachila confirmed the incident to Zambia News and Information Services today.
Mr Namachila said the incident occurred over the long weekend and that the boy died on the way to the hospital.
He said the body has since been buried and that police suspect no foul play.
Lafarge Commercial Director Mr Giovanni Murialdo, Lafarge human Resources and Communications Director Ms Thecra Milambo, Madison General Insurance Managing Director Mr Chabala
Lafarge Zambia has launched the Lafarge Lusaka Marathon whose theme is “Malaria Ends with me, Beat the Buzz” which is premised on having a Malaria free Zambia.
Speaking during the media briefing held today at Lafarge Zambia Head Office, Chief Executive Officer Vincent Bouckaert whose speech was delivered on his behalf by the Chief Financial Officer Mrs Chrissie Moloseni said Lafarge has allocated this year’s Marathon a budget of Nine Hundred Thousand Kwacha (ZMK900, 000) with a target of 5000 participants in all the races.
Mr Bouckaert announced that the event is slated for 26th May 2018 from the initial 5th May 2018 to allow more people for registration and increase international participation at Levy Mall in Lusaka.
He further disclosed that Lafarge Zambia has taken into consideration all the feedback received from last year and continue to receive to ensure the Marathon is better organised to achieve the international standard record. In achieving this, Lafarge Zambia has implemented the recommendations given by the International Association of Athletics Federation (IAAF) which include but not limited to road closures to ensure safety and security of the runners, available medical services, the full Marathon routing and certification with IAAF to one loop. Other improvements will be to ensure Medals for the runners are of high quality as well improved logistical requirements for the Marathon.
Zambia Athletics Association President Elias Mpondela chats with Madison General Managing Director Chabala Lumbwe during the Larfage Lusaka Marathon 2018 launch at Larfage cement
Mr Bouckaert further recognised some of the sponsors that have so far come on board such as Madison General, Levy Mall, InterContinental Hotel, PATH who have been working in collaboration Ministry of Health under the Zambia’s National Malaria Elimination Programme, Fairly bottling, Reload logistics, Total Zambia, AB and David, Road Transport and Safety Agency (RTSA), Zambia Police and Lusaka City Council. He has since expressed confidence that more sponsors will partners with Lafarge for the success of the event and taking into consideration the paradigm shift towards health living that Zambia is slowly embracing.
And speaking earlier at the same event the Zambia Amateur Athletics Association (ZAAA) President Mr Elias Mpondela thanked Lafarge Zambia for partnering with the Zambia Amateur Athletic Association (ZAAA) in promoting the Lafarge Marathon. Mr. Mpondela expressed confidence that the Marathon will grow to attain international status and recognition such as from the International Association of Athletics Federations (IAAF) & the Confederation of African Athletics (CAA).
Meanwhile the Managing Director for Madison General Insurance Mr Chabala Lumbwe said Madison will continue to support Lafarge Lusaka Marathon as it promotes wellness which is one of Madison’s Corporate Social Responsibility pillar. He added that Madison General will provide general insurance for all the runners and staff for the marathon 2018
Zambia Athletics Association President Elias Mpondela flanked by Larfage Chief Financial Officer Chrissie Moloseni speaking to journalists during the Larfage Lusaka Marathon 2018 launch at Larfage cement
Onlookers catch a glimpse of a Juldan coach Reg. No ABE 6940 which has claimed 4 lives after over turning due to allegedly failure by the driver to stop on the T-Junction along the Kasama- Luwingu road in the early hours of Monday. The driver is among the 3 men who died on the spot while one female died upon arrival at the Hospital.-Picture by Mary Bwembya (ZANIS).
Zambia Road Safety Trust (ZRST) is saddened by the revelation made by the Zambia Police Service yesterday that 26 people died in road accidents country wide during the four days Easter holiday while 59 people were seriously injured.
This year’s past Easter holiday has recorded a sharp rise in accidents compared to the same period last year 2017 when 17 deaths were recorded country wide.
In a press statement issued to ZANIS in Lusaka this morning, 260 accidents were recorded country wide over the long Easter holiday according to the Zambia Police Service.
ZRST Senior Communication Advisor Mailos Mwale noted that the trust is worried with the increased number of people dying in road accidents.
Mr. Mwala indicated that if the situation is left uncontrolled, the country’s economy will be negatively affected by roads accidents.
He observed that the country is being deprived of human resource that would have contributed to socio economic development of the nation.
“ZRST notes that if the current situation is not controlled, the effects of road crashes will have a negative effect on the economic prospects of the country as most of the people killed are breadwinners and economically active”. He said.
Mr. Mwale said improved road safety will greatly contribute to increased productivity, boost tourism and reduce poverty levels.
“The government should take necessary steps to review the entire road traffic regulations to address gaps and emerging road safety concerns to improve road safety awareness, safer roads and enforcement. Enforcement is of prime importance, the presence of police officers and RTSA will definitely be a major asset in this regard”. He stated.
ZRST has since appealed to road users to exercise caution and responsibility when driving so as to avoid the loss of human life.
SERIES 4: IMPEACHMENT MOTION – Is UPND turning Parliament into a Court to hear same matters that are before the Constitutional Court?
By Isaac Mwanza
1.0 Introduction
In the last three series of this analysis of the grounds tendered by opposition United Party for National Development (UPND) Member of Parliament for Mazabuka Constituency, Hon. Garry Nkombo’s motion to impeach the President of the Republic of Zambia, I discussed the debt contraction ground and how Members of Parliament will have to address their minds to the question of whether the debt in question, was arbitrarily contracted by the President without the approval of Parliament, and was therefore unlawfully contracted, or if it was contracted outside the parameters set in our constitution and our laws. I also suggested, in my presentation, that perhaps there was a need to call upon our honourable Members of Parliameenton to develop an appreciation of Section 25 of the Public Finance Act, as well as other, related legislation, in determining whether it is illegal for government to deposit public funds in a working Account which point, it would appear, the petitioners have advanced as grounds for removing them President from office.
In series 3, the discussion focused on the generality of the allegations against the President with regard to the procurement of the 42 fire tenders or fire engines, and how there can be no case if Cabinet’s approval did not go beyond the usual decision authorising the Minister of Local Government to work with the ministry of finance in facilitating the procurement of fire tenders. I argued that an attempt to make the President culpable for matters which, by law, are the responsibility of specific Ministries and which therefore are completely outside the President’s purview, is quite absurd.
In this series, I address the two allegations of alleged failure by the President to hand over power to the Speaker during the failed 2016 presidential petition and remarks made at Solwezi airport addressed to our Judges. It is alleged, by the petitioners, that the president addressed those remarks to judges of the Constitutional Court who, at the time, were seized with hearing a matter in which a number of registered political parties in Zambia, approached the court to determine whether or not the President Edgar Lungu, the incumbent would, under Article 106 of the Constitution, be eligible to stand for selection to the office of President of the Republic.
2.0 Analysis of Ground 1.1 – 1.3
The particulars of the allegation for impeachment of the President in ground 1.1 – 1.3 reads:
1.1 The President violated provisions of Article 104(3) of the Constitution during the period 19th August, 2016 to 5th September, 2016 when he as incumbent President and President elect, refused, failed, and/or neglected to hand over executive function to the Speaker of the National Assembly during the pendency of the Presidential Election Petition in the Constitutional Court cause number 2016/CC/0031
1.2 The President violated the provisions of Article 104(3) of the Constitution during the period 19th August, 2016 to 5th September, 2016 when he purported to exercise executive power contrary to article 104(3) aforementioned
1.3 The President violated provisions of Article 122 of the constitution on 2nd November. 2016 when he interfered with the interfered with the independence of the judiciary in a speech made upon his arrival at Solwezi Airport when he made statements directed at the Constitutional Court in relation to the matter pending before that Court (Cause Number 2017/CCZ/004) in which his eligibility to contest as presidential candidate in the 2021 elections is under consideration. During that speech the President sternly warned the court to exercise his judicial functions in a manner favourable to him failing which the country would be plunged into chaos. The public pronouncements made during that speech were made in breach of the President’s duty to protect the independence, dignity, and effectiveness of the judiciary under article 122 (4) of the Constitution.
Simply stated, the 58 opposition UPND and some Independent Members of Parliament, are stating that the President refused to hand over power to the Speaker, illegally performed the duties of the presidency and, in the last allegation, he had no right to comment on matters pertaining to the judiciary.
3.0 Origin of the allegations
3.1 Allegation of failing to hand over power by the President of Zambia
On 15th August, 2016, The Electoral Commission of Zambia declared Edgar Chagwa Lungu and his running mate, Inonge Mutukwa Wina of the Patriotic Front (PF) party as President-elect and Vice President-elect following their victory in the Presidential election held on 11th August 2016. Following this declaration, UPND losing candidates, Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba were aggrieved with the aforesaid declaration and filed an Election Petition into the Constitutional Court on Friday, 19th August, 2016 citing Edgar Chagwa Lungu, Inonge Mutukwa Wina and the ECZ as 1st, 2nd and 3rd Respondents respectively.
The allegation in grounds 1.1 – 1.2 arise from demand by Mr. Hichilema and Godfrey Bwalya Mwanza that the incumbent President who was also declared President elect after the August 11, 2016 elections should have handled over when the duo filed a petition under Article 103 of the Constitution.
3.2 Intimidation of the Court Handling the Eligibility Case?
With regards to the allegation in Ground 1.3, it is common knowledge that indeed the President passed the message to the Judiciary while at Solwezi Airport that ‘they ought to do their work, interpret the law without fear or favour and look at the best interest of this country’ not become a copycat and think they would be heroes if they plunged the country into chaos…’
4.0 The Question of the Law
4.1 On Power handover to Speaker
The relevant law on all these three grounds, without prejudice to articles cited in those grounds, are Articles 1, 2, 5, 9, 45, 46, 47, 48, 59, 50, 54, 60, 90, 91, 93, 101, 102, 103, 104, 118, 128 and 267 which form the articles under which the 2016 Election Petition was filed by Mr. Hichilema and Mwamba. However only these Articles 2(1), 2(5), 118(1) are cited below for purposes of grounds 1.1 – 1.3, which read:
1. (3) This Constitution shall bind all persons in Zambia, State organs and State institutions.
1. (5) A matter relating to this Constitution shall be heard by the Constitutional Court.
2. Every person has the right and duty to— (a) defend this Constitution; and (b) resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution.
118. (1) The judicial authority of the Republic derives from the people of Zambia and shall be exercised in a just manner and such exercise shall promote accountability.
Without doubt, Members of Parliament took an oath to defend the Constitution and they have every right to move a motion in Parliament under Article 108 of the Constitution if the President appears to have abrogated the Constitution. However, this right to move a motion under allegations 1.1 – 1.3 must be balanced by their duty to defend Article 1.5 to ensure that where a matter relating to the Constitution is before the Court, Parliament must not usurp the powers of the Court, purporting to exercise judicial authority and determine a matter which is before the courts.
Much as this author won’t discuss grounds 1.1 to 1.2 because the matters are before court, it will be important to state these important facts whih have already been subject to a matter that was already disposed by the Court:
The citing of the above Articles, specifically 101 and 103 in the 2016 Presidential Petition became the subject of an application for a Preliminary Issue raised by the Respondents who contended that the Petition presented by the Petitioners was scandalous and may prejudice, embarrass or delay the fair trial of the matter as the Petitioners had invoked two distinct, conflicting and mutually exclusive provisions of the Constitution, that is, Articles 101 and 103, therefore any reference to Article 103 in paragraph 30 and wherever it appeared in the Petition must be struck out.
The Respondents argued that Mr. Hichilema and Mr. Mwamba were only supposed to rely on the provisions of Article 101 in their Petition as the President-elect and his Vice had been declared winners after the first round of polls without the necessity of a re-run or indeed a second round of voting which would be the case had they had failed to garner more than 50% of the valid votes cast after the first poll on 11th August, 2016. The Respondents further argued that Article 103 only comes into play if there is a re-run or second poll.
They also argued that the only time the Constitution envisages that the President-elect is not sworn into office because of the fact that an election Petition has been filed is when the elections are won after the second round. This is because Article 105 (2) (a) of the Constitution only talks about a Petition filed under Article 103.
It would seem that because of provisions of Article 105 (2) (a), Messrs. Hichilema and Mwamba decided to cite both Articles 101 and 103 in their Petition. Suffice it to say that the Constitutional Court did not address the matter as raised by the Respondents and, most interesting, the petitioners, in their several appearances at court, did not once move the court to address and determine this or any other matter in their Petition.
The Constitutional Court, therefore, not having been so moved by the aggrieved party either to consider their grievance or to address the challenge by the Respondents in their Preliminary Issue, did not address the matter of the President ceasing to discharge the executive functions or the peaked assuming the executive functions. The court never delivered its Ruling on the Preliminary Issues raised by the Respondents and as such, the contention on whether a Petitioner of Presidential Elections can invoke both Articles 101 and 103 at the same time, or indeed whether when someone wins in the first round of polls they can be sworn into office despite the filing of an election Petition is yet to be pronounced upon by the Constitutional Court.
I would caution my readers to very carefully take due note of the wording in Article 104(3) of the Constitution in this instance, which reads,
“104 (3) Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to – (a) make an appointment; or (b) dissolve the National Assembly.”
Article 104(3), in its wording, does not say, or even imply, that the Presidential shall “hand over power” to the Speaker, as is frequently talked about, nor does it say or imply that the Speaker shall take over power. Article 106 (2) clearly states that an incumbent’s power only ends “on the date the next President elect is sworn into office.”
There is certainly a limit to what the Speaker can do under Article 104(6). The Speaker cannot dissolve parliament, since it was dissolved and has not yet been convened. The incumbent cannot make any appointments or remove anyone from office, least of all the judges for whom he would have to appoint a Tribunal or separate tribunals to try each judge before removal; he cannot remove or appoint any constitutional office holder or undertake any action except if there was an emergency of such nature that the very existence of the State, was under threat.
Article 104(6) read together with 106(2) does not envisage the President, as incumbent, leaving office or for the Speaker to take over as Acting President; there is nothing in the constitution by which such an interpretation would even be contemplated. The president would remain in office as president, but any executive decisions during that period, would be taken by the Speaker. And as I have pointed out, the executive functions at this point, are strictly limited by the constitution and are largely ceremonial.
Fast forward, on the morning of 5th September, 2016, Mr. Hichilema and Mr. Mwamba, had their legal team led by Simeza, Sangwa and Associates, filed a petition before the Constitutional Court (under Cause Number 2016/CC/33) in which they allege the “President elect (Edgar Lungu), refused, failed, and/or neglected to hand over executive function to the Speaker of the National Assembly,” the same allegation contained in grounds 1.1 and 1.2. This matter has not been determined by the Court and is still active. As of 22nd March, 2018, the lawyers for Mr. Hichilema and Mr. Mwamba had filed the skeleton arguments on behalf of the two petitioners.
Out of respect for the Court process, I will thus not discuss the merits of the same grounds advanced to Parliament. Since the UPND now seek to turn Parliament into another court to hear the same matters which are before the courts of law, the readers may need to ask these questions:
BUT supposing, by a vote, Parliament decides the President did not breach the Constitution and the Court later decides that indeed the Constitution was breached OR the President is impeached based on grounds in allegation 1.1 and 1.2 that he breached the constitution by his failure “to hand over power to the Speaker; what if, then later, the Court says the President did not breach the Constitution, where would these two parallel decisions place the two arms of government?
This is why it will not be sound practice for Parliament to entertain a matter which is before court. Others may argue that the autonomous position of Parliament gives it the right to debate any matter but the question is whether Parliament is capable of debating by way of a motion, for example, the status of the Roan Parliamentary seat in the present circumstances – a matter which is before the courts of law.
In short, Members of Parliament are being asked to breach the Constitution which gives full judicial power to the courts to determine judicial matters by usurping that power to determine whether the constitution was breached or not.
I would take note that, unlike the Courts which interpret the law, MPs make decisions by way of a vote. This appears to be a more convenient reason why the UPND would like to run a parallel process so that MPs can vote because they will not have time to interpret the law through the same rigorous and meticulous process as the courts would.
4.2 Intimidation of the Court Handling the Eligibility Case
With regards to the allegation in Ground 1.3, it is common knowledge that the President made the following remarks at Solwezi Airport
“To my colleagues in the Judiciary, my message is just do your work, interpret the law without fear or favour and look at the best interest of this country. Don’t become a copycat and think that you are a hero if you plunge this country into chaos. I want to close by saying that those people who don’t like peace and freedom will say ‘President Lungu is intimidating the courts of law’, I am not intimidating the judiciary, I am just warning you because I have information that some of you want to be adventurous, your adventure should not plunge us into chaos please!” President Lungu exclaimed.
“In English there is a saying, to be forewarned is to be forearmed. We don’t want to plunge this country into chaos because we are trying to imitate what’s happening elsewhere. We are a beacon of peace and freedom, let us keep it that way. I was on the ballot paper as candidate and I assured you that I would protect Zambia and that I will do. God bless you.”
The Heritage Party President Mr. Godfrey Miyanda (Brig. Gen., Rtd), had in fact taken this matter to court To my mind, the President was conscious of the danger that his words might be misinterpreted to mean what was not in his mind at the time. when he said, “I am not intimidating the judiciary, I am just warning you because I have information that some of you want to be adventurous, your adventure should not plunge us into chaos please!”
I am not sure how the petitioners arrived at their conclusion that (i) by these remarks, the President’s intention was to intimidate the judges of the Constitutional Court as they pondered the question of his eligibility to sand as a Presidential candidate in 2021 and therefore, had breached the constitution by making the remarks he made as quoted above.
For any reasonable human being, if the President said, “…just do your work, interpret the law without fear or favour and look at the best interest of this country. I am not intimidating the judiciary…” Does that pattern of words amount to a breach of the constitution even if he added the words, “…I am just warning you because I have information that some of you want to be adventurous, your adventure should not plunge us into chaos please.”?
A reading of the President’s remarks under reference, would not ordinarily be construed as having been aimed at the judges of the Constitutional Court who were seized with above-mentioned matter, but at the judiciary generally. The President qualified his remark by stating, clearly, that his remarks should not be construed as being intended to intimidate our judges, but as a matter of caution in the light of events which had transpired in other jurisdictions in which the state was faced with similar challenges but in their own circumstances to which the people of Zambia might react differently and in a manner which might plunge the country into crisis.
For argument’s sake, let us assume that the last words were contemptuous against the court. In the case of Bonaventure Bweupe v. The Attorney-General, Zambia Publishing Company Ltd and Times of Zambia Ltd (1984) Z.R. 21 (H.C.), Mr. Bonaventure Bweupe was a High Court judge who delivered a ruling in a case heard in open court to the effect that UNIP special constables did not exist in law.
Reacting to that ruling, the then Minister of Home Affairs, Mr. Aaron Milner, under whose auspices the so-called special constables fell, made certain statements which were published by Zambia Daily Mail and Times of Zambia as follows.
“The Zambia Daily Mail The Minister of Home Affairs, Mr. Aaron Milner has demanded an apology from the Lusaka Judge Mr. Justice Bonaventure Bweupe22 for saying that UNIP special constables were not recognised by the law. Mr. Milner said in Lusaka yesterday the judge was either misinformed or had not read his law volumes properly. ‘The President directed that we should form the special constabulary to help eradicate crime. Can you imagine a Head of State praising something which is illegal.’ Mr. Milner asked amid shouts of ‘Shame, shame’ from the leaders. ‘Special constables exist by law and an officer in charge of police is given authority to have, under his charge, these constables. In fact they were there even during colonial days,’ he added. The judge is learned and should know the law to give the right judgment but I am shocked to read his remarks in the press and I demand an apology from Judge Bweupe,’ he said.”
“The Times of Zambia: The Minister has criticised Lusaka Judge Mr. Justice Bonaventure Bweupe for his ‘ignorance’ of the legality of special constables. He said the judge should have done his homework before making such a misleading statement. ‘It is unfortunate for a judge to say that the law does not recognise the existence of special constables because, under the Police Act, a police officer can appoint a special constable to help him carry out his duties,’ he said. According to chapter four, section 10 of the Police Ordinance:
‘Every special constable under this ordinance shall have the sane powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the same penalty and to be subordinate to the same authority as police officers.”
Judge Bonaventure Bweupe contended that the words spoken by the Minister and repeated by Zambia Publishing Company and Times of Zambia, were defamatory of him. The defendants argued that the words complained of amounted to fair comment, noble without malice, upon a matter of public interest, namely, a ruling delivered by Judge Bonaventure Bweupe in his capacity as a judge of the High Court.
In delivering the judgment, High Court Judge, SILUNGWE, C.J stated these following remarks which, I would contend, are applicable to the remarks made by the President:
“It seems to me that, in the circumstances of this case, Mr. Milner was exercising his genuine right of criticism and that he did so without malice or intention to impair the administration of justice, insofar as the third defendant is concerned. I agree that strong words were used but do not consider that these went beyond the defence of fair comment. This, however, should not be understood as giving a licence to a minister or other members of the public to air their criticisms against judges or other judicial officers as to do so may, in a proper case, amount to contempt of court or constitute defamation. In view of what I have said above, it follows that I would uphold the third defendant’s defence of fair comment and dismiss the action against them. In the circumstances of the case, there will be no order as to costs”.
5.0 Conclusion
The UPND petitioned the Constitutional Court under cause number 2016/CC/33 where they are stating the President should have handled over power when they concurrently sued under Article 103, among others, to which the Attorney-General has responded it was wrong for Mr. Hichilema and Mr. Mwamba to bring the presidential election petition under Article 103 of the Constitution as the circumstances did not arise which would have satisfied the requirements for a petition under that Article (103).
The court did not to date, and has not rendered its verdict on the matter. To the best of my knowledge, there has never been a court case where the issue of the President handing over power was decided – not during the 14 day life of the Presidential election petition and not in the case brought by Mr. Miyanda of the Heritage Party.
From the beginning of the petition, by the Respondents in the Presidential petition putting the question of Article103 before a competent court of law i.e. the Constitutional Court, in which the court was asked to make the necessary determination, it took the matter out of the President’s hands and into the hands of the court. The President was, therefore, obliged to wait for the Court’s determination of the matter, one way or the other, and was therefore right to retain the performance of the executive functions pending determination of the matter as to whether Article 103 was properly before the Court or not, as the contended by themselves through their Counsel.
In the absence of a decision by the Constitutional Court on the two contending arguments between the petitioners (Hichilema and Godfrey Bwalya Mwamba) as well as in the response rendered by the Respondents (Edgar Lungu, Inonge Wina and Attorney-General), there was no breach since the court did not render a ruling one way or the other. The question remains moot.
In the case of his remarks made in Solwezi as reproduced above, President Lungu, to borrow the words of former Chief Justice Silungwe, was exercising his genuine right of criticism and that he did so without malice or intention to impair the administration of justice. Indeed, the word “warn”, was used but it cannot be said that it went beyond the defence of fair comment. If we are realistic, in fact, the President is on record as asking Judges to guard themselves against capture. The remarks by the President are indeed not a licence for other leaders or indeed, members of the public to air their criticisms against judges or other judicial officers as to do so may, in a proper case, amount to contempt of court or constitute defamation.
The bigger question on my mind is, why would the UPND and its MPs want to turn Parliament into a court to hear the same matters contained in grounds 1.1 and 1.2 which they took to court and have been filing documents? Could it in fact be true what the President said in Solwezi, that there were people with an agenda to get his government out of power and they have found willing partners among some members of parliament of the Patriotic Front and independents?
I will leave these questions to readers to draw their own conclusions.
