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The MMD has called on members of parliament not to aide the UPND in their attempt to injure the country economically with their impeachment motion.
And the opposition party has described the conduct of UPND MPs as immoral saying they have continued playing double standards on serious national issues. They are not dependable on national matters because they shift positions for convenience.
Speaking when he featured on the Assignment TV programme on MUVI on Sunday, MMD National Secretary Raphael Nakacinda said the UPND MPs have gone on a fishing expedition in their continued quest to remain disruptive to the governance of the country.
Nakacinda said the grounds that UPND MPs have advanced as reasons for wanting to impeach President Edgar Lungu are frivolous as they do not have evidence of any breach of the constitution but mere allegations and that other grounds were issues which they are litigating in the courts of law.
He wondered how the alleged corrupt activities of his aides can be a constitutional matter when the simplest thing was to gather evidence against those perceived to be involved in corruption and present it relevant authorities for prosecution.
He noted that the people who will suffer from what the UPND MPs action are the ordinary Zambians as their actions are likely to negatively affect the country’s economy by eroding investor confidence as the picture being painted is that of a country in a crisis when it is not.
He said the UPND has imported the conduct of South African opposition MPs which seems to be disruptive but what they have failed to do is to ensure that their allegations are proven in the constitution court before being taken to parliament so that Zambians are not left wondering on their motive.
Meanwhile Nakacinda said the UPND MPs have been playing double standards in the conduct in parliament and that their behaviour is immoral and should not be supported by well meaning Zambians.
He said Zambians should remember that the UPND MPs fully participated and supported the process of enacting the new constitution through the National Constitution Conference which was started by MMD but aborted the process when it was taken to parliament by walking out of parliament when it was time to vote because they had gone into a marriage of convenience with the PF who had been honest from the start as they had refused to participate.
He said the UPND will continue to refuse to sit on a dialogue table because the perceived tension in the country is their strategy to use the so called tension in the country to remain politically relevant.
And Nakacinda has called on the ruling party to stop being aloof in their engagement with the Zambian people because they are in office in trust of the Zambian people.
He said there is need for people charged with the responsibility to lead the nation to start engaging Zambians with the attitude of servitude and ensure that they communicate the information with soberness as opposed to using the arrogance of numbers.
He noted that the debate which has been put forward on the issue of impeachment by the PF from all those involved including State House has not been fully appreciated because instead of giving out information people have used the arrogance of numbers to dismiss the motion.
He said it important that Zambians fully understand what is being discussed so that the get to choose the side of the debate they want to belong to.
Human Rights Commission has commended the State on the move to facilitate the amendment and enactment of the amended Public Order Act.
And Anti Voter Apathy Project (AVAP) Executive Director Richwell Mulwani has also praised the Minister of Justice Given Lubinda for the move to table the amendment of the public order act in the current sitting of parliament.
The Minister of Justice Given Lubinda said during an interview with the Zambia National Broadcasting Corporation (ZNBC) yesterday that Government will facilitate the amendment and enactment of the amended Public Order Act.
Human Right Commission Spokesperson Mweelwa Muleya said, in a statement issued to ZANIS in Lusaka today, that the amendment of the Public Order Act is late as it is one of the outstanding pieces of law that need to be revised.
Mr. Muleya added that the public order act has been used more to violet civil rights, political rights and freedoms than to protect and promote them.
He explained that the Act has in the recent past been used to suppress the right to freedom of assembly and expression of different views and opinions of the general public.
The Human Rights Commission Spokesperson stated that the commitment of the state through the Justice Minister Given Lubinda to amend the public order act is encouraging, hence the need for support from stakeholders to ensure its fulfilment.
And Anti Voter Apathy Project (AVAP) Executive Director Richwell Mulwani has also praised the Minister of Justice Given Lubinda for the move to table the amendment of the public order act in the current sitting of parliament.
“ The amendment of the public order act is the right direction for to take as a country, “Mr. Mulwani explained adding that: “ is futile to have a law that undermines the people’s confidence in the electoral process by infringing on their freedom of movement, right to assembly and the right to association ,thereby been a problem in the political arena.”
The AVAP Executive Director has appealed to all members of parliament to consider supporting the amendment of the public order act as they debate on various issues in Parliament in that the public order Act is a right for the people of Zambia.
President Edgar Lungu with Foreign Affairs Minister Joe Malanji at State House during the New year greeting ceremony with High Commissioners and Ambassadors accredited to the republic of Zambia
Government has said that relations between Zambia and Cuba will continue to remain strong and intact despite Government’s handing over of the Note Verbale to Mr. Pages and the Cuban Government.
Minister of Foreign Afffairs Joseph Malanji said that the Cuban ambassador yesterday morning during a meeting accepted crossing the diplomatic red line when he pledged to support the newly formed opposition Socialist Party, adding that relations between the two countries cannot be soured by an earring officer.
Mr. Malanji, however, emphasised that there was no going back in the decision taken by government because Mr. Vilas crossed the line and that Cuba must send a new envoy to Zambia.
Government initiated the process to request Cuba to recall its ambassador for allegedly attending the launch of the newly formed opposition Socialist Party and pledging to support it.
And University of Zambia political lecturer Lee Habasonda has said that it was important for diplomats to always observe the rules and regulations of the country they are working in.
Mr. Habasonda said it is important for diplomats to avoid involving themselves in politics and internal affairs of other countries.
Mr. Habasonda however said that there was need for the government and the Cuban government to discuss the matter to find a solution.
And Yali Governance Advisor Isaac Mwanza said that the move by Cuban Ambassador to Zambia, Nelson Pages to pledge support to the newly launched Socialist party is against international law.
Mr. Mwanza said that it was disappointing that ambassador Pages got involved into active politics by publicly pledging support to the Socialist party.
By the fact that Ambassador Nelson openly pledged to support the Socialist Party, he became partisan and therefore compromised his position as a diplomat who is not supposed to side with any political party in this Country.
Critical thinking and objectivity is something that lacks in most politicians opinion setters and general public, in our Country. Most of the times, we discuss issues from a subjective point of view. It is about what tests good to us, not objectivity.
I have seen a number of people bringing up the issue of former US and UK envoys attending the PF convention, making an argument that it is wrong for President Lungu to expel the Cuban Ambassador, because RB never expelled the duo.
I think we are missing a point, President Lungu did not expel this Nelson Pages Vilas for attending the Socialist Party launch, but for the statement he made, that he will support the party. He should not have said that.
The ambassadors that attended the PF convention were very careful with what they said at that function. I remember the US envoy, Mark Storella, saying that, he was happy to witness to democratic processes, because the PF had a convention to choose their leaders in a democratic manner.
Mind you, this is not the first time that an ambassador has attended a party function in President Lungu’s rule, and NONE has been expelled. HH has been having open interactions with different Ambassadors, with pictures posted on social media, but none has been expelled.
The issue is really about openly pledging support, and not just attending. His statement, makes it difficult even for other political parties, like ourselves (EEP), to engage Ambassador Nelson because we know the man is part of the Socialist Party. Therefore, it is only right that he goes.
Imagine if he said he is supporting the PF, as a party, not Govt, we would have been up in arms against him, but because it is opposition, he is okay.
Let us be objective and fair in our criticisms to President Lungu, otherwise some other political leaders would be worse, judging from their intolerance, including Fred M’membe, who does not seem to compromise, for a greater good or for the sake of others.
If Fred M’membe, was a prudent or tolerant man, the more than 2700 workers would still be in employment today, but because he is so egocentric, he let The Post destroyed by Edgar Lungu, something I condemn him (Edgar) for.
The point I am making is that, at times you have to consider others, even if you may be right, but you let go for the sake of others that may be affected adversely. Fred M’membe and Hakainde Hichilema not tolerant, so let us not vilify Edgar Chagwa Lungu as the worst. Of course he is not the best, otherwise I would not be vying for Presidency.
Power Dynamos stunned favourites and hosts Nkana 2-1 to win the big Kitwe derby on Monday at Nkana Stadium in Kitwe.
The victors came into the match as second best after a stuttering display in Friday’s lesser Kitwe derby against promoted Kitwe United that ended 1-1 across the road at Arthur Davies Stadium.
Expectations were that the bigger guns Nkana would walkover defensively suspect Power led by their feared attacking arsenal of Walter Bwalya, Ronald Kampamba, Fred Tshimenga and new arrivals Festus Mbewe and Idris Mbombo.
However, it was Power who struck first blood in the 1st minute through their very own new boy Reagan Nkuy who headed in a cross from Kelvin Mubanga.
Then, Power coach, Kelvin Kaindu, well aware of his side’s defensive deficiencies, applied a frustrating game plan of negative football drustrupting Nkana’s flow throughout the opening 45 minutes.
But Nkana did test Power and the visitors had goalkeeper Joshua Titima to thank for denying Tshimenga and Harrison Chisala in the first half.
Nkana turned the tables in the second half with the arrival of Mbewe and Bwalya for Chisala and Jacob Ngulube.
The home side duly equalized in the 58th minute when Ronald ‘Sate Sate’ Kampamba dispatched his customary derby goal against Titima.
But Titima dusted himself off from his traditional derby humiliation at the hands of ‘Sate- Sate’ to make some outstanding saves as Nkana dominated the last 45 minutes.
However, Power still had the last say in the 84th minute when Kelvin Kampamba headed in a controversial goal that many perceive was a hand ball.
The damage was done, Kaindu remained unbeaten in his first four games in charge and Power are still at the top of the table on 10 points tied with 2nd placed Green Buffaloes who beat Nkwazi 1-0 at home via an Aubrey Chellah goal in the 43rd minute.
President Edgar Chagwa Lungu has initiated a process to recall the Cuban Ambassador to Zambia. This is essentially an expulsion of this Cuban patriot out of Zambia. The Ambassador, comrade Nelson Pages, is accused of having breached diplomatic etiquette and therefore crossed a “red line” by shortly attending the launch of the Socialist Party on the 31st march, 2018 in Lusaka and giving a congratulatory message. He was openly and arrogantly ridiculed by the Presidential Spokesperson, Mr. Amos Chanda that the diplomat should have “known better” that opposition political parties are a “no go area” especially coming from Cuba!
The expulsion of comrade Nelson is however not an isolated act by an insecure and desperate President. Two days earlier, nine (9) international guests to the Launch of the socialist party were denied entry into Zambia. They were intercepted, interrogated, humiliated and impolitely sent away on subsequent flights out of the country. International protocol and traveling rights were blatantly breached.
This seemingly irrational behaviour of the President and his government over the launch of the Socialist Party is based on real fear. This is the fear of informed and political conscious Zambian masses, of a genuine revolutionary political formation with a credible leadership and that of international solidarity sympathetic to the plight of the people of Zambia. The Socialist Party and its leadership are bringing out all these elements. The Party is the symbol of hope and a new beginning for the suffering and disillusioned Zambia people. There is therefore a good reason for the panic exhibited by the President and his government. However, this panic mode is exposing serious faults and extreme levels of incompetency in the ability of the President to continue running this country.
The Socialist Party, on behalf of all progressive Zambian people, wishes to extend its apologies to comrade Nelson Pages and to the Cuban people. The decision by the president is not a true reflection of the aspirations of the Zambian masses. We are saddened and ashamed of this uniformed and opportunistic decision. Comrade Nelson is and will remain a true friend to the Socialist Party and Zambian people. Our victory in 2021 is assured and we look forward to receiving him back in the country.
Similarly, we would like to convey our apologies to the nine comrades that were humiliated at Kenneth Kaunda International Airport (KKIA). Their commitment to the spirit of Pan-Africanism and the working class struggle was manifested by their humility in the face of all the injustice they had to endure on Zambian soil.
Our comrade Benewende Sankara, President of the Sankarist Party of Burkina Faso, who was amongst those having been deported at KKIA, is back in his country and sent us the following text message: “I mark my unwavering support for the comrades of Zambia and all people in the struggle. My moral remains high and I know victory will eventually triumph over undemocratic and anti-social forces.”
As of 10:30 hours today, the socialist party has received 79 international congratulatory messages from political parties, trade unions and popular movements of 32 countries. The messages highlight the significance of the Launch of the Socialist Party in Zambia but also condemn the behaviour of President Lungu and his government.
The responses coming from all districts of Zambia are equally confirming our resolve to fight for Justice, Equity and Peace (JEP) and for Socialism in our homeland. The process is gathering fast momentum. The fast pace is to some extent supported by the incompetency of the current government and failures of the capitalist system in our country. It is now very certain that Fred Member will be the President of a socialist Zambia in 2021.
Long live the Cuban revolution; Long live the spirit of Pan-Africanism;
Long live the Zambian working masses; Their victory is certain; And the days of capitalist exploitation and mass poverty will soon end.
Cosmas Musumali is the General Secretary of the Socialist party , while Fred M’membe is the Deputy Secretary and a Presidential Candidate for the Socialist party
Cuban Ambassador to Zambia, Nelson Pages Vilas, at the launch of Fred M’membe party
The Ministry of Foreign Affairs has handed Cuban Ambassdor to Zambia Nelson Pages Vilas a notice to leave the country within seven days following the country’s withdrawal of his diplomatic recognition.
Minister of Foreign Afffairs Joseph Malanji confirmed the development during a press briefing in Kitwe stating that during a meeting with Foreign Affairs Permanent Secretary Chalwe Lombe this morning the Cuban envoy was remorseful and hopes his “poor judgement” does not affect relations between the two countries.
Ambassador Vilas Pages flouted diplomatic etiquette by entangling himself in partisan politics, the deviant Ambassador has since been served with a notice to leave Zambia within seven days by the ministry after President Lungu’s action to declare the envoy Persona non grata. (Unwanted).
Further Ambassador Vilas shall not be allowed to engage in any official business pending his departure.
The Permanent Secretary emphasized that the relations between two countries were sound and intact and that he understood that in diplomatic practice there were moments when one can be prone to errors of judgment but that did not entail enemity.
Hon Malanji said the diplomat was remorseful and that the former envoy hoped his actions will not affect the Cuban mission in Lusaka.
Meanwhile, Socialist Party President Dr. Fred M’membe has ssaid that the expulsion of the Cuban Ambassador to Zambia Nelson Vilas for merely attending his party’s meeting shows how scared the PF is of the Socialist Party.
Dr. M’membe said that the seemingly irrational behavior of President Lungu and his government over the launch of the Socialist Party is based on real fear.
Dr. M’membe said that the fear of informed and political conscious Zambian masses, of a genuine revolutionary political formation with a credible leadership and that of international solidarity sympathetic to the plight of the people of Zambia.
Dr. M’membe said that the Socialist Party and its leadership are bringing out all these elements and the Party is the symbol of hope and a new beginning for the suffering and disillusioned Zambia people.
The defunct Post Newspaper owner and Veteran Journalist said that there is therefore a good reason for the panic exhibited by the President and his government.
He however noted that, this panic mode is exposing serious faults and extreme levels of incompetency in the ability of the President to continue running this country.
The Socialist Party President has also apologized to the nine people who were humiliated at Kenneth Kaunda International Airport (KKIA) and denied entry into the country.
Dr. M’membe said that their commitment to the spirit of Pan-Africanism and the working class struggle was manifested by their humility in the face of all the injustice they had to endure on Zambian soil.
Struggle stalwart Winnie Madikizela-Mandela has passed away at the age of 81.
The apartheid icon has been ill for a number of years and was most recently admitted to Milpark Hospital due to an infection affecting her kidneys.
The last time the stalwart was in a hospital was in October 2017 for a knee surgery, which she had a full recovery from.
During her ex-husband’s 27-year imprisonment for his fight against apartheid, Madikizela-Mandela campaigned for his release and the rights of black South Africans, undergoing arrest and banishment. White minority rule ended in 1994.
The former South African first lady was born in the village of Mbongweni, Bizana, in the Transkei.
The Mandela family issued a statement on Monday, stating, “It is with profound sadness that we inform the public that Mrs Winnie Madikizela-Mandela passed away at the Netcare Milpark Hospital, Johannesburg, South Africa on Monday 2 April 2018.
“She died after a long illness, for which she had been in and out of the hospital since the start of the year. She succumbed peacefully in the early hours of Monday afternoon surrounded by her family and loved ones.
“Mrs Madikizela-Mandela was one of the greatest icons of the struggle against Apartheid. She fought valiantly against the Apartheid state and sacrificed her life for the freedom of the country. Her activism and resistance to Apartheid landed her in jail on numerous occasions, eventually causing her banishment to the small town of Brandfort in the then Orange Free State.
“She kept the memory of her imprisoned husband Nelson Mandela alive during his years on Robben Island and helped give the Struggle for justice in South Africa one its most recognisable faces. She dedicated most of her adult life to the cause of the people and for this was known far and wide as the Mother Of The Nation.
“The Mandela family are deeply grateful for the gift of her life and even as our hearts break at her passing, we urge all those who loved her to celebrate this most remarkable woman.”
The family said it would release details of the memorial and funeral services once these have been finalised.
Zambia and Zimbabwe plan to start construction of a $4 billion power-plant complex that will supply both nations next year.
The African Development Bank is advising the Zambezi River Authority on raising funds for the Batoka Gorge power plant and it’s likely that it will reach financial close by the end of the year as planned, Zambezi River Authority Chief Executive Officer Munyaradzi Munodawafa said in an interview Wednesday in Kariba, about 400 kilometers (249 miles) northwest of Zimbabwe’s capital, Harare.
The 2,400-megawatt project will be located downstream from Victoria Falls on the Zambezi River that straddles the two countries.
Batoka will help meet rising demand for electricity in Zambia and Zimbabwe, which is expected to more than double by 2035, according to EY, an adviser on the project.
The countries will operate separate power plants.
“The interest from financiers is huge,” Munodawafa said. “This is going to be one of the fastest-implemented projects in the region.”
Onlookers catch a glimpse of lusaka bound 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).
Four passengers perished after a speeding public passenger bus they were in and belonging to Juldan Motors overturned as failed to negotiate a turn along Kasama Luwingu road, this morning.
ZANIS reports that Northern Province Police Commissioner Richard Mweene has confirmed the accident in Kasama today adding that the accident involving a Lusaka bound Juldan Motors passenger bus service of registration number ABE 6940 happened around 06:30 hours this morning.
Mr. Mweene says the accident occurred as the passenger bus was approaching Kasama town from Mporokoso District in Northern Province.
Three people including the driver died on spot when the bus overturned while another passenger died upon arrival at St Fidelis Mission Hospital in Kasama, he said.
Mr. Mweene said so far seven passengers are in critical condition and 20 others with multiple injuries are all admitted at Kasama General Hospital for treatment.
The Regional Police Commissioner has disclosed that preliminary investigations indicate that the driver of the bus was allegedly over-speeding at the time of the accident.
Mr. Mweene has since appealed to the traveling public to alert and report any motorists abrogating road traffic rules on public roads.
And Road Transport and Safety Agency ( RTSA ) Kasama Station Manager Milembo Mpandachulu described the accident as unfortunate.
Mr. Mpandachulu has since called on public service drivers to always adhere to the speed limit for long distance vehicles in order to avoid road accidents.
Meanwhile, Kasama District Mayor Frederick Chisanga, who rushed to the accident scene, has expressed sadness at the loss of lives in the tragic road traffic accident which happened along the Kasama-Luwingu Road this morning.
Onlookers catch a glimpse of lusaka bound 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).Onlookers catch a glimpse of lusaka bound 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).Part of the onlookers catches 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).Part of the onlookers catches 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).Part of the onlookers catches 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).Part of the onlookers catches 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).Part of the onlookers catches 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).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).
The Zambia Medical Association has bemoaned the huge crowds that visit patients at UTH during visiting hours.
Association General Secretary Francis Mupeta observed that visiting hour at the biggest hospital become a nightmare.
Dr Mupeta said said the crowds are only comparable to a market.
“This is normal to most of us but what we don’t realise is that the hospital is a highly Infectious area,” Dr Mupeta said.
“UTH is our hospital and crowds like this put direct stress to patients, staff and infrastructure. We can visit but not the whole church gathering on one bed,” he advised.
Dr Mupeta stressed that the public should adhere to instructions of two visitors per patient.
Veteran Politician and Diplomat Vernon Mwaanga has described as extreme, the expulsion of Cuban Ambassador to Zambia Nelson Pages Vilas.
In a statement, Mr. Mwaanga said when he first heard about the expulsion, he took it as a 1st April Fools Day joke.
“When i first heard about the expulsion from the country of the Cuban Ambassador, for attending the launch of the Socialist Party and for the general public remarks of support, attributed to him, i thought it was a 1st April fools day joke,” Mr. Mwaanga said.
“It has now turned out to be true and the Ministry of Foreign Affairs has been directed to work out the diplomatic channels to put this Presidential decision into effect. I hold no brief for what may have happened or said at the launch of the Socialist Party on Saturday 31st March and my views on Socialism in Zambia are a matter of public record.”
He said the decision is ill advised, extreme and inconsistent with what happened in the Past.
“Just in case memories have conveniently faded, in 2011 when PF held its Convention at Mulungushi Rock, they formally invited the then American Ambassador to Zambia, Mark Storella to attend, accompanied by a political affairs officer from the US embassy and while there, he announced that the United States of America, supports democratic developments, whenever they occur. I was then a member of the MMD government of then President Rupiah Banda and no issue was made of Ambassador Storella’s attendance or remarks he made there,” Mr. Mwaanga recollected.
He said the decision to expel the Cuban Ambassador is extreme and uncalled for.
“At the most, he should have been summoned to the Foreign Ministry and given a demarche. It does not augur well for our relations with Cuba, a country which has been supportive of Zambia in good and bad times,” he said.
And Activist Laura Miti says the decision to expel Cuban Ambassador to Zambia Nelson Pages Vilas is an over the top action by President Edgar Lungu.
“From my observation, President Lungu’s hatred or fear of Fred M’membe is 2nd only to that he has for HH. In dealing with these two men, he therefore tends to overreact,” Ms. Miti observes.
“So the President has expelled the Cuban Ambassador simply for attending the launch of Fred’s political party. That action is as astoundingly over the top, as HH’s arrest last year.”
Ms. Miti said, “It is at times like this when you realise how desperately the President needs someone wiser, more experienced and less emotional than Amos Chanda and the crew at State House to give him advice.”
“To think the whole State House thought expelling an Ambassador for attending the launch of an opposition party was smart, is remarkable.”
SERIES 3: IMPEACHMENT MOTION – Is The Frustrated Fire Tender Petition a Basis for Members of Parliament to impeach the President?
By Isaac Mwanza
Introduction
In the first and second series in which I offered an analysis of the grounds tendered by Hon. Garry Nkombo, the UPND member for Mazabuka constituency, I discussed how parliament in its motion wanting to impeach the President of the Republic on the grounds of debt contraction, would have to show that the debt in question, did not have the approval of Parliament and was therefore unlawfully contracted, or was contracted outside the parameters set in our constitution and our laws. Parliament would also be required to show that it is illegal for government to deposit public funds in a working Account in light of Section 25 of the Public Finance Act.
In this series, I address the issue of procurement of the 42 fire tenders and whether the process by which they were acquired, can provide grounds as a basis for a motion to impeach the President. How the procurement officers handled the tender process is beyond the scope of this discussion and this author confirms that he has had a change to look at some of the procurement documents pertaining to the tender process. He still disagrees with the handling of the process by procurement officers in the Ministry of Local Government.
Analysis of Ground 1.4.3
The particulars of the allegation for impeachment of the President in ground 1.4.3 reads:
1.4.3 That the President fell into violation of Articles 90 and 198 of the Constitution when Cabinet authorised the Ministries of Local Government and Health to procure fire tenders and ambulances, respectively, at an exorbitantly high cost contrary to the principles enshrined in Articles 90 and 198 which require that the executive authority including the use of public resources is exercised prudently and in manner compatible with the principles of social justice and for the peoples well-being and benefit.
Put simply, the motion accuses all members of the Cabinet of authorising the procurement of fire tenders and ambulances at an exorbitant cost. From the outset, I must mention that this ground is too general to be an allegation against one person as it generalises the authorisation. I will not attempt to look at the issue of ambulances as the same prinnciples in fire tenders would apply.
Origin of the allegation
On Tuesday, 19th September, 2017, the Minister of Local Government, Hon. Vincent Mwale MP, issued a Ministerial statement in the National Assembly of Zambia to address concerns raised by some members of the public, following the event of 13th September, 2017, at which Her Honour the Vice-President of the Republic of Zambia, Mrs.Inonge Wina, officiated at the handover of 42 fire trucks to local authorities; it was reported that the said fire trucks had been procured at a cost of US$42 million.
The decision to procure these fire trucks, dates back to 4th May, 2012 when the President at the time, the late Mr Michael Chilufya Sata, made a public commitment to invest in the fire and rescue services, but it was not until September, 2015 that the Ministry of Local Government proceeded to advertise the tender for the supply of the forty-two fire trucks, at the end of which process, a company known as Grandview International, was awarded the tender.
Responding to a question from the MP for Milanzi Constituency MP, the Hon. Mr. Banda who wanted to know who was responsible for the procurement process in Government, the Minister of Local Government, Hon. Vincent Mwale, stated that all procurement in the Government is done by procurement officers, who are the technocrats. At the ministry, technically competent people are employed to handle procurement. It is not done by elected officials, nor is it a function of the Cabinet or of any Minister.
Minister Mwale emphasised this point by reference to the Ministerial Hand Book which stipulates that no minister is allowed to have anything whatsoever to do with government procurement processes. This function is to be carried out specifically by those employed to carry it out, that is, Permanent Secretaries, who are the Controlling Officers, in conjunction with the appropriate, competent officers employed for that purpose. Beyond the government officers, the authority that deals with government procurement is the Zambia Public Procurement Authority (ZPPA) which is established by an act of parliament for that purpose.
The Member for Mazabuka, Hon. Garry Nkombo, who is the mover of the impeachment motion, stated that the procurement process of the fire tenders had glaring irregularities, and asked the Minister to confirm whether he was averse to the Speaker constituting a Committee, preferably the Committee of Economic Affairs, to carry out a thorough review on this particular procurement. The question was lost due to the many issues he raised.
The Member for Roan and seconder of the motion, Hon. Kambwili, who at the time of procurement of the fire tenders was also a Cabinet minister, asked whether it was important to procure forty-two fire engines when the economy was in dire straits.
In reply, Minister Mwale reminded the Member for Roan, that both he and the other Ministers were all part of the Cabinet and Government in 2015 when the decision to procure the fire tenders in question, was made and went through those economic problems together, but that did not cripple the operations of the Government. He said although government had to scale-down on certain things due to a lack of funds, the Fire Department, which had not seen any significant investment up to that time, was given priority by the Ministry Local Government adding that perhaps. In accordance with its priorities, the ministry did justice to the department
Hon Kambwili who was a Minister of another ministry, then, may have equally given priority to other areas in his ministry, but the Ministry of Local Government gave priority to the Fire Department..
Around 30 September, 2017, a total of 64 members of parliament petitioned the Speaker of the National Assembly Dr Patrick Matibini to appoint a committee that would help investigate the procurement of the 42 fire tenders at $42 million. Around 10 October 2017, when he was leaving for Eastern province, President Lungu stated that petitioning over the purchase of the fire trucks and the construction of the Lusaka-Ndola dual carriageway clearly showed that MPs do not understand that such matters do not fall under the Speaker’s authority. It was the President’s view that the matter was not within the Speaker’s jurisdiction.
It would now appear that the 64 Members of Parliament, having failed to get to the bottom of this matter by way of a parliamentary inquiry, have now resorted to filing a petition to remove the President of the Republic from office, for what they termed cabinet authorisation of the Ministry of Local Government to procure the 42 fire trucks
The Question of the Law
As stated by the Minister of Local Government, Zambia has a law which governs public procurement, which I will not quote since the allegation pertains to violation of the Constitution by the President. The relevant laws must be the Ministerial Handbook, the Ministerial Code of Conduct as well as provisions of Article 91 (2) 93 and 198 of the Constitution of Zambia which read:
91 (2) The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.
93. (1) A decision or instruction of the President shall be in writing under the President’s signature. (2) The signature of the President on an instrument shall be under Public Seal.
114. The functions of Cabinet are as follows: (1) (a) approve and cause to be implemented Government policy; (2) Cabinet shall take collective responsibility for Cabinet decisions.
The interesting part of this allegation is that the seconder of the motion, Hon. Chishimba Kambwili, was part of Cabinet at the time that the Cabinet made the decision to authorise the procurement of the fire tenders and the time of the actual procurement. Yet there is nothing on record to show that he objected to the authorisation of the procurement in Cabinet, or that he expressed his reservations at any stage of the process. Maybe we shall see that evidence when de debates the impeachment motion and. hopefully, lawfully discloses how cabinet voted on this matter.
In sum, Hon. Kambwili in his capacity as a member of the Cabinet and a Minister in the government at the time, was part and parcel of the procurement, from start to finish. It is a curious situation that Hon. Kambwili should second a motion which seeks to establish and lay culpability on the President, for a decision made by a Cabinet of which the seconder of the motion, Hon. Kambwili was part and parcel.
The NDC Consultant now seeks to make his former cabinet colleagues culpable without taking any responsibility himself. In other words, Hon. Kambwili now seeks to put on trial, his own accomplices but, in order to avoid culpability himself, it would appear that, by a clever sleight of hand, he removes himself from culpability by removing the entire cabinet from the case and, instead, he has persuaded his fellow petitioners to spare him by laying the blame at the President’s feet!
As a full and active member of the Cabinet at the time of the procurement, Hon. Kambwili is equally culpable of the malfeasance he alleges against his former colleagues. At best, his secondment of the motion should be declared invalid and, at worst, the motion itself ought to be declared invalid for want of a valid seconder.
The question that Members of Parliament would need to address, in order to have this allegation substantiated, is for them to show the actual price of fire tenders as opposed to the amount which was paid. They also need to show that indeed the President violated the Constitution by turning himself into a procurement officer or unduly influencing the tender process. As stated from the outset, this allegation is too general to form the basis for impeaching a popularly elected sitting President, where it fails to disclose, in clear terms, how the President violated the Constitution.
This allegation in the impeachment has been taken to Parliament because the movers of the motion probably understand how difficult it is to prove before a competent court of law that the President violated the Constitution in the procurement of fire trucks when he was not a procurement or controlling officer. The only option for them to deal with the President, is to invite a vote from two thirds of Members of Parliament who may not address the question of evidence in the way that the courts do.
As an example, I would refer to the case of the removal of President Frederick J T Chiluba’s immunity from prosecution in terms of the repealed Article 43(3) of the Constitution before its amendment on 5th January 2016. In that case, late President Levy Mwanwasa SC, had provided what he purported to be evidence of his predecessor’s malfeasance and used it to lift late Fredrick Chiluba’s immunity, which we all supported.
Despite what appeared to have been overwhelmingly clear evidence that President Chiluba had violated the Constitution which formed the basis for Parliament to vote to remove his immunity, the late Fredrick Chiluba was acquitted by the Court because the prosecution, using the evidence adduced in parliament, failed to establish a case against him beyond reasonable doubt in accordance with the relevant statutes. President Chiluba’s two co-accused persons were however found to have had culpability as public officers, and were accordingly found guilty, convicted and sentenced.
More recently in 2017, the former Zambia Railways Limited Managing Director Prof. Clive Chirwa was acquitted by the Lusaka Magistrate’s court on two counts of abuse of authority of office and one count of failing to declare interest while the Court convicted former ZRL Director of Finance Regina Mwale on two counts of abuse of authority of office when she authorised payment for accommodation for Prof. Chirwa at Fallsway Apartments without Board approval.
The two cases must remind us that normally, the problem in procurement is as a result of failures by the procurement or controlling officers to do what is right.
In order for the charge to be valid, the petitioners must show that in its approval of the procurement, Cabinet and in particular, the president, expressly gave as to the specific type and price of the fire tenders to be procured as per Article 93 of the Constitution. They must also show that the officers gave the relevant professional advice as to the correct procurement procedure, that they had advised the president and cabinet of their professional evaluation and had alerted them to the cost implications, but we’re overruled and ordered to proceed as directed by the president.
In reliance on ground 1.4.1, it ought to be obvious that 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. The question as to how that approval is applied by the relevant officers in the relevant ministries and by the Zambia Public Procurement Authority, are matters for relevant officials, not Cabinet and most certainly not the President, who has absolutely no power over the finances of the Republic or its procurement procedures and processes. Therefore to get attempt to make the President culpable for matters which are completely outside his purview, is quite absurd, to say the least.
While it is acknowledged that there could have been serious lapses in the procurement of the fire-tenders, there is utterly no basis for making the President responsible for the failure of processes and procedures which, by law, are the responsibility of specific officers whose duty is to report through the assigned Controlling Officers. Parliament has a duty to hold procurement officers to account through the Controlling Officers and should not shirk its responsibilities of public oversight by shifting the blame onto the office of the President which has no involvement whatsoever in the procurement process.
Conclusion
It is very doubtful if this general allegation levelled against the President for the collective decisions of cabinet in authorising procurement of fire tenders and ambulances forms a sound basis for a motion of impeachment against the President. To my mind, this ground shows that Parliament has failed in its role as our (public) watchdog tasked with the role of overseeing the prudent use of the resources which parliament itself appropriates and allocates to the public service for the procurement of public goods and delivery of public services.
In sum, then, although the petitioners purport to make ground 1.4.1 one of the grounds for impeachment of the President, it amounts to nothing more than a fishing expedition; like other grounds referred to, the purpose of this motion would appear to be a political ploy intended to question the ability of the President and his Patriotic Front, to govern. It is not really about President Lungu, as nothing has been produced to show even remotely, how this procurement, amounts to a violation of the Constitution, in view of the fact there is nothing in the petition to show that the President was, or had at any stage of the procurement, been personally involved and had thereby, violated the Constitution.
Football Association of Zambia (FAZ) has expressed concern over alleged malicious social media campaigns aimed at disrupting its operations.
FAZ Communication Manager Desmond Katongo says it is regrettable that the media fraternity especially the social media is spreading spiteful messages to undermine the operations of the association.
Katongo has disclosed that following FAZ annual general meeting which was held on the 31st of March, some known individuals published information through social media with intentions to damage the performance of association.
Katongo added that the association will not submit to the malicious attacks and will this week hold a press briefing to clarify on numerous issues.
FAZ Communication Manager explained that the association is committed to the development of FAZ and attaining the highest honors for the country.
He reiterated that it will remain dedicated to do with the entire football community and the nation at large.
Katongo said In a statement made available to ZANIS sports in Lusaka today, that constructive consultations, accountability and transparency remain the main principles of FAZ in its daily operations.
He has appealed to the football community and the nation at large to ignore all the routine of attacks on the Football Association of Zambia.
Lusaka Province Minister Bowman Lusambo on a familiarization tour of City Market Market and part of Lusaka CBD
Lusaka Province Minister Bowman Lusambo has urged members of the general public to respect those in leadership as is it is in accordance with God commandment
Mr. Lusambo says Zambians irrespective of the tribe , ethnic or political affiliation should continue to love one another under one President.
He said people should exercise the spirit of Ubuntu and not bring confusion in the name of belonging to the opposition parties.
The provincial minister was speaking during the Special Easter Celebration and Ordination Service at Bible Gospel Church in Africa (BIGOCA) in Lusaka’s Matero Township today.
He implored the church to continue praying for the prosperity of the nation adding that government will continue to co-exist with the church in taking the nation forward.
The minister has since donated 20 thousand kwacha towards the building of the wall fence at BIGOCA.
And BIGOCA General Overseer, Bishop Peter Ndhlovu said politicians should stop politics of insults.
Bishop Ndhlovu said people should up hold the spirit of love and be able to forgive each other.
He emphasized the need to love their country because Zambia is their heritage.
And in his sermon Bishop Ndhlovu said those who believe in Jesus Christ should never be discouraged but put their trust in him because he triumphed over all their problems by rising from the dead.
Bishop Ndhlovu reiterated that the Church will continue to preach the gospel of salvation so that the lost can be restored to Jesus Christ.
