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Sunday, September 7, 2025
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B’Flow releases “Ati Shani” music video

Following a successful 2017, dancehall artist, B’Flow unveils his first release for the year, the official music video to his latest track entitled “Ati Shani“. “Ati Shani” airs a phone conversation between two exe lovers and showcase B’Flow‘s rapping skills.

The enchanting clip stars Killa Beats and a cameo appearance by Chef 187. It was Directed by Qbick & Lawdak. audio was produced by Silentt ErazorKekero & Ron Kay for Chant It On Empire.

Does the Speaker have power to declare a seat vacant?

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National Assembly of Zambia speaker Patrick Matibini delivering his speech.
National Assembly of Zambia speaker Patrick Matibini delivering his speech.

This question has remained part of the political and legal discourse in Zambia at all times. My answer to this question is simply, YES – even under the Constitution as amended and the Electoral Process Act, it is the Speaker who has to make a decision and a declaration.

PROVISIONS OF THE LAW

The relevant provisions of the Constitution is Article 72, which reads:

“72. (8) Where a vacancy occurs in the National Assembly, the Speaker shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission of the vacancy, in writing, and a by-election shall be held in accordance with Article 57.”

The confusion comes in when people look into Section 96 of the Electoral Process Act which reads:

“96. (1)(b) A question which may arise as to whether the seat of an elected or nominated Member of Parliament, mayor, council chairperson or councillor, has become vacant, other than a question arising from the election of a candidate as a Member of the Parliament may be determined by the High Court or a tribunal, as the case may be.”

The plain reading of these Article 72(8) may leave laymen like me to conclude that the duty of the Speaker is limited to informing the Electoral Commission of the vacancy in the National Assembly but that is not the correct position at law.

Further the reading of Section 96(1)(b) of the Electoral Process Act may raise eyebrows in laymen like me to conclude that a declaration on whether the seat of an elected or nominated Member of Parliament has become vacant can only be made by the High Court; but that reasoning too is wrong at law.

First, there is nothing new about provisions of Section 96(1)(b) which are now contained in the Electoral Act. The same have existed to the stretch of my memory of reading the Constitution when I was a little boy. The exact words were also in repealed Article 72(1)(a) of the Constitution of Zambia, Act No. 18 of 1996. We have just moved that provision from the Constitution to a subordinate Act of Parliament, that is, the Electoral Process Act.

Equally, the need for the Speaker to notify the Commission has been part of our electoral laws. The repealed Electoral Act No. 2 of 1991 provided for the Speaker shall, upon a vacancy occurring in the elected membership of the National Assembly to inform the President and the Commission of such vacancy and repealed Electoral Act of 2016 also provided, in Section 108(1), for notification of the Vacancy was communicated by the Speaker and received by the Commission.

So the question that must be put to rest is whether the Speaker’s duty is limited to notifying the Electoral Commission but not to declare the seat vacant.

My readers may wish to know that the usage of the word, “may” in Section 96(1) (“… may be determined by the High Court or a tribunal”) of the current Electoral Process Act does not make it mandatory for the High Court to become a body of first instance to determine whether a seat of fallen vacant or not. Always note the usage of the word “may” or “shall” whenever you come across these words in the statutes. “shall” is mandatory but “may” is discretionary.

So who has the power to declare the seat vacant?

This matter was considered by both the High Court and Supreme Court of Zambia in the case of THE ATTORNEY GENERAL & THE MOVEMENT FOR MULTIPARTY DEMOCRACY vs AKASHAMBATWA MBIKUSITA LEWANIKA and 4 OTHERS in APPEAL NO. 67 OF 1993 and Supreme Court Judgment No. 2 of 1994.

In this case, “Counsel for Miss Kapwepwe contended that it was the duty of the High Court to declare the seats vacant. This was rejected because the High Court only comes in when there is a dispute.” The Supreme Court also did not overturn the High Court decision that states that it is the Speaker who has to make a decision and a declaration.

CONCLUSION

It is established law based on precedence that the High Court only comes in when there is a dispute. The Speaker. Speaker Matibini, has the power to declare the any other seat vacant. The dispute in his current declaration of the Chilanga seat vacant is based on the question as to when a person who had been sentenced to death can be said to be “serving” (as per Article 70(2)(f)) his sentence where an appeal or notice of intention to appeal has been made, and in view of provisions of Section 18(1) of the Supreme Court Act, Chapter 25 of the Laws of Zambia. The question is one that require the Constitutional Court to interpret but the power to make a decision and a declaration lies within the powers of Honourable Speaker Patrick Matibini.

(Views expressed in this article do not necessarily represent any institution I may be associated with and neither are they meant to offer a legal opinion. Those seeking a legal opinion can contact the Law Association of Zambia, which is an authority of legal matters in Zambia)

By Isaac Mwanza

15 Northern Chiefs against NRC Changes – Chief Munkonge

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Northern Province Permanent Secretary Mwalimu Simfukwe talks to Chief Munkonge when he presented the traditional leader with a Presidential portrait during a courtesy call at the chief's palace
FILE: Northern Province Permanent Secretary Mwalimu Simfukwe talks to Chief Munkonge when he presented the traditional leader with a Presidential portrait during a courtesy call at the chief’s palace

Chief Munkonge of the Bemba people in Kasama says traditional leaders are very upset with President Edgar Lungu’s initiative to scrap off the tribe and origin of individuals on National Registration Cards (NRC).

Speaking from his palace when opposition UPND Vice President Geoffrey Bwalya Mwamba Sunday evening, the traditional leader said the suggestion is ill, unacceptable and will not work in Zambia.

He says origin of a person on their NRC is important as it gives traditional pride and identity to individuals.

The Chief reveals that he has spoken to about 15 other traditional leaders from the Province who have also refused the suggestion and have since planned to meet Republican President Lungu over the matter.

And Chief Munkonge says the traditional leader’s will refuse vehemently to give out traditional land to Government as that is against the their beliefs.

Chief Munkonge notes that manoeuvres to have traditional land taken over by Government will not succeed as it is also one way of getting into conflict with the traditional leadership.

He warned that government should consider otherwise getting land from the traditional leadership.

Meanwhile the Chief says his chiefdom has been denied development due to his relation with opposition UPND Vice President Geoffrey Bwalya Mwamba.

He claims government has not attended to his plight to electrify his chiefdom or indeed any development because of his relation with Mr. Mwamba.

The traditional leader complained that people of his area are also Zambians that need development like seen in other parts of the country.

He further claims his arrest and detention last year was at the instruction of President Lungu as the Head of State is the only one that has powers to can command Police to arrest any traditional leader.

The UPND Vice President visited the traditional leader and was accompanied by Secretary General Mr. Patrick Mucheleka among others.

Earlier in the day, Dr. Mwamba attended Mass at Kasama Cathedral Catholic Church before proceeding to join congregants at Radiant International Church.

At both Church gatherings, Dr. Mwamba called for peace and unity among members if the community and the nation in general.

He said the country needs peace for it to develop.

Stop neglecting youths or be punished in 2021-MMD Youths

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MMD National Youth Treasurer Geoffrey Mulenga
MMD National Youth Treasurer Geoffrey Mulenga

MMD National Youth Treasurer Geoffrey Mulenga has advised the PF to take the challenges affecting youths in the country seriously or risk being punished in 2021 as was the case with his party.

And Mulenga has called for the depoliticisation of youth empowerment programs saying in a democracy people can not belong to one political party hence the need to empower youths regardless of their political affiliation.

Speaking when he featured on KNC Radio in Kabwe yesterday ahead of youth day commemoration today, Mulenga called on the PF to stop neglecting the youths in the country.

He said government should take the issues of the youth seriously and ensure that it creates an enabling environment for the youths to achieve their goals and contribute to the growth of the country’s economy.

Mulenga said even the much talked about youth empowerment funds are given on partisan lines saying a number of youths with brilliant business ideas have been overlooked in the allocation of youth funds due to their affiliation to opposition political parties.

He urged people administering the funds to stop looking at the faces of those who apply for funds but instead look at their proposals and nationality as the funds are meant for the Zambian people and not only those who patronise those in power.

Further Mulenga urged politicians to inculcate the spirit of oneness among young people if political violence is to be successfully combatted.

“The youth of today are only good to politicians if its to use them for violence. We need to move away from such politics of using the youth. There is a future after politics for the youth. It is high time that the youths stop been abused as tools of violence,” he said.

He added that it is retrogressive to national development to have youths abused by older politicians who do not fight among themselves.

“Youth day should be a day to appreciate the role that youths play in national development. Youth day should be a day to stock take and audit the measures government has taken to reduce unemployment. Youth empowerment has absolutely failed in this country “lisengo lyambwa” funds are given to youths in the ruling party and it is impossible for all young people to belong to one party because this is not the democracy the MMD fought for, we need to be tolerant with each other.

“There is need to explore realistic alternatives that can create decent employment opportunities like the agriculture sector, young people through the use of modern technology can effectively deal with challenges surrounding them for as long as they are empowered. The concept of FISIP was introduced by the MMD as a way to empower emerging farmers not cadres. Just look at the mess which was created with the introduction of the E-voucher, everyone knows that FISP worked so well for the farmers as for the latter results are there for everyone to see,” he said

Support National Health Insurance Bill-Dr Kaseba

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First Lady Dr Christine Kaseba during the Golden Jubilee Anniversary of Zambia's Independence and the 50th Anniversary of India -Zambia Diplomatic relations in Lusaka on October 18,2014
Former First Lady Dr Christine Kaseba

Former First Lady Dr Christine Kaseba says people need to embrace and support the proposed National Health Insurance Bill.

Dr Kaseba who is also a respected Physician, Surgeon and Consultant Obstetrician and Gynaecologist said the Bill once enacted into law would help improve the provision of health services in Zambia.

Dr Kaseba however observed that there is need for more sensitisation on the contents to help public understand its benefits and what it and what the Bill entails.

She said in an interview in Lusaka that the Bill is a welcome development and that the public should not criticise it.

“If you go to health facilities most of them are charging and even in public hospitals, some services are paid for and it is not always that you will have money when you fall sick because maybe you are paying for other responsibilities.

If you are able to pay a little something for your health, that should give you more peace,” Dr Kaseba said.
She added, “It’s just that maybe it was sudden and many people were not consulted and maybe that is why they are opposing it.”

Dr Kaseba’s position is however a major departure from her late husband Michael Sata’s principles who championed for free access to medical services.

Mr Sata’s first major reforms upon taking over office in 2011 was to abolish medical user fees for all arguing that everyone has a right to medical services including the poor.

President Sata’s move was in line with the PF manifesto on Health Services financing in which the party pledged to double budgetary allocation in order to provide universal care ad abolish user fees and health care will be “based on need” rather than the “ability to pay.

Commonwealth Special Envoy announces formation of steering committee for political dialogue

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Commonwealth Special envoy to Zambia Professor Ibrahim Gambari flanked by Nigerian High Commissioner to Zambia Sifamu Inu Umoru Momoh stressing a point during a press conference held at State House
Commonwealth Special envoy to Zambia Professor Ibrahim Gambari flanked by Nigerian High Commissioner to Zambia Sifamu Inu Umoru Momoh stressing a point during a press conference held at State House

Commonwealth Special Envoy to Zambia Professor Ibrahim Gambari has announced the formation of the steering committee to lead and direct the dialogue process.

Prof. Gambari has disclosed that the steering committee which comprises of eminent and respected Zambians will be launched on the 26th of March this year in Lusaka.

He said the formation of the steering committee will mark the commencement of the National Political Dialogue which he has talked about for a long time since the visit by the Commonwealth Secretary General Patricia Scotland.

Addressing journalists at Intercontinental Hotel in Lusaka today, Prof. Gambari said all the stakeholders and the International community representatives will be invited to witness the launch of the steering committee.

He said the process will include the establishment of a working group including three sub-groups which will examine the issues of the constitutional and institutional reforms, electoral reforms and tolerance and civility in public life.

Prof.Gambari stated that the main objective of the dialogue process is to promote peace, national cohesion and political tolerance and reconciliation in Zambia.

He said the process also aims to contribute to reforms and to support the strengthening of institutions in order to promote good governance and peace.

The professor stressed that Zambians have committed themselves to national political dialogue which will end political violence, ensure respect for the separation of powers between the three branches of government and put an end to tribalism, regionalism and all forms of discrimination among others.

The Commonwealth envoy noted that there is a shared commitment to be open minded, to act with good faith and ensure that the process is truly Zambian led and owned.

He disclosed that between September 2017, and March this year, he has paid four visits to Zambia in which he has discussed a strategy for a national political dialogue with the republican President, the leader of the UPND, leaders of other Political parties and the House of Chiefs.

Prof. Gambari further stated that during his visits, he has also discussed with the Church leaders, Law Association of Zambia, Zambia Centre for Interparty Dialogue as well as Civil Society organisations.

When asked by journalists whether the act by the commonwealth is not interfering with the sovereignty of the country, Prof. Gambari said Zambia is a member of the commonwealth adding that, the whole process will be driven by Zambians.

He said the commonwealth is merely facilitating the process to ensure that it is done and agreed by all the stakeholders.

Commonwealth Special envoy to Zambia Professor Ibrahim Gambari flanked by Nigerian High Commissioner to Zambia Sifamu Inu Umoru Momoh stressing a point during a press conference held at State House
Commonwealth Special envoy to Zambia Professor Ibrahim Gambari flanked by Nigerian High Commissioner to Zambia Sifamu Inu Umoru Momoh stressing a point during a press conference held at State House

Zambia’s economy is collapsing, says UPND.

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The United Party for National Development, or UPND, says Zambia’s economy is collapsing due to governing Patriotic Front, or PF’s, allegedly incompetence.

Trio of UPND – deputy secretary general, Patrick Mucheleka, chairperson for mobilization, Sylvia Masebo and Northern Province chairperson, Nathan ILunga, said this during a live programme on Radio Mano yesterday.

The UPND officials claim that the lack of know-how is contributing to PF’s failure to live-up to its promises, citing ineptness in the implementation of the E-voucher, high taxes and high poverty levels.

But, the Patriotic Front, or PF, in Northern Province through its vice chairperson, Peter Mwansa, charges that it remains resolute to improving the warfare of Zambians.

In an interview with Mano News today, Mr. Mwansa says the UPND is merely applying cheap politics when it says that PF has failed to govern.

He states that contrary to claims by the opposition UPND, PF is initiating unprecedented developmental projects and that this is proof that it means well for the nation.

Mr. Mwansa cites the construction of roads, schools, hospitals among others as some of the projects it continues to initiate.

We can fight poverty with tourism, it’s a game changer – Chaila

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Zambia Tourism Agency, ZTA, Chief Executive Officer Felix Chaila
Zambia Tourism Agency, ZTA, Chief Executive Officer Felix Chaila(L)

Zambia Tourism Agency, ZTA, Chief Executive Officer Felix Chaila says the decision by the Zambian government to elevate the Ministry of Tourism to an economic ministry and second only to Agriculture is a recognition of the sector’s capacity to improve people’s lives.

Speaking in Berlin at the International Tourism Bourse, ITB, an international tourism and travel show, Mr. Chaila says globally the sector is ranked second only to the chemical industry. He says the sector has also, to a large extent, proved resilient in the face of global economic shocks that occasionally hit the world.

The ZTA Chief says tourism is going to be the game changer in Zambia’s quest to fight poverty and improve the living conditions of her people because its products and services are largely consumed at the point of production.

“We have huge tourism resources recognized by our leaders and recognized in Parliament, acknowledged by our people, its being debated every day. It’s going to be a game changer because when you open facilities at Kabwelume Waterfalls, you will employ the local people and place facilities just there”, Mr. Chaila says.

He says a value chain shall be established in which local people will be expected to be suppliers of such items as vegetables and other foodstuff produced locally. In addition, Mr. Chaila says local people will be suppliers of local works of art that tourists normally want to take with them as they return home after the holidays.

Mr. Chaila says to enable the sector play the game-changer role, it should now be well supported with resources beyond the current levels. He says he has seen government commitment to development as evidenced by the drastic transformation underway in the road sector and expresses confidence that the same shall be done for tourism.

As part of its commitment, the Zambian government secured the Convention and Culture Partnership of the 2018 ITB where stands were allocated to Zambian tour operators in the ZTA pavilion. The private sector responded in what has been acknowledged as overwhelming a manner.

During the weeklong event, a number of tour operators acknowledged holding qualitative meetings in which they secured deals from German-based tour operators that are responsible for facilitating visits out of the country.

The Berlin-based global show attracts on average 100,000 visitors daily, over 10,000 exhibitors from 180 countries. This year, the show officially opened on the 6th ending 11 of March.

Zambia’s Minister of Arts and Tourism Charles Banda represented the Zambian government while Zambia’s ambassador to Germany Anthony Mukwita led the embassy in Berlin.

Statutory Instruments on boreholes and groundwater launched

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Minister of General Education Dennis Wanchinga hand washing after he flagged off the distribution of water,sanitation and hygiene wash materials in Lusaka
Minister of Water Development Sanitation and Environmental Protection Dennis Wanchinga

The Ministry of Water Development, Sanitation and Environmental Protection has launched three statutory Instruments on groundwater and boreholes, Licensing of drillers and the revised raw water fees and charges.

Minister of Water Development Sanitation and Environmental Protection Dennis Wanchinga said the Statutory Instruments will ensure the regulation of drilling and adherence to laid down standards pertaining to utilization of water sources.

ZANIS reports that Mr. Wanchinga stated that the SI on raw water prices is meant to ensure that the ministry provides efficient and effective management of water resources across all sectors.

He said the process of arriving at the new water tariffs and charges underwent wide stakeholder consultations with farmers, industries and the mining companies.

Mr. Wanchinga explained that the Statutory Instruments launched recognized fundamentals such as the identification of underground water as a public good being confined to surface water.

He also stated that the quality of water will be improved as the boreholes drilled will have value placed on them as it is a commodity.

Mr. Wanchinga further added that, the move will bring on board the need to license drillers as there has been public outcry on the lack of proper supervision among the drillers.

He said the issuance of the regulations marked a milestone in government’s resolve to achieve maximum benefits through efficient and effective utilization of water resources.

Mr. Wanchinga appealed to the business community for maximum cooperation in adherence to the standards set out in the Statutory Instruments in order for the country to accelerate the attainment of the country’s vision 2030 of ensuring 100 percent access to water.

And speaking at the same event, Drillers Association of Zambia Board Secretary Christopher Chilongo said the Statutory Instruments will bring sanity to the way drilling of boreholes is being undertaken in the country.

Mr. Chilongo stated that the move will contribute in promoting professionalism among drillers hence, bringing value to the coordination of the entire process.

Government urged to do more to help youths

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youths who converged in Lusaka for a two day forum
Youths who converged in Lusaka for a two day forum

Mansa Catholic Diocese Bishop Patrick Chisanga has observed that more needs to be done if challenges which youths in the country are faced with are to be addressed.

Bishop Chisanga said the future of any country depends on the younger generation and that it is important that the welfare of the youths in the country is looked after well.

In an interview with ZANIS in Mansa, Bishop Chisanga noted that government has put in place a number of policies aimed at ensuring that youths in the country have a brighter future but that, more still needs to be done especially for youths in rural areas.

Bishop Chisanga observed that many youths who have completed school in rural areas and waiting to go to colleges or universities are suffering and that there is need for government to pay particular attention to such youths as some cannot even afford to go for their tertiary education.

He indicated that the status core among youths in the country has resulted in youths living a frustrated life which leads them into involving themselves in bad vices like reckless beer drinking.

The Bishop said there is need to come up with a policy that allows youths who complete their secondary education get into tertiary level stating that doing so will guarantee the country of an educated generation which is a prerequisite for development

He further stated that it is gratifying that government is trying its best in ensuring that most youths have access to education through student’s loans but that more still needs to be done if every youth is to get to tertiary level of education.

The Bishop noted that imparting skills that allows students who complete their tertiary education to do their own business will be key as not everyone can be employed.

Bishop Chisanga who said this ahead of the International Youths Day which falls tomorrow has since called for action in dealing with issues that affect youths and that there is no time for just talking.

Inspector General cautions Cadres against wearing outfits similar to military personnel

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Zambia Police Service Inspector General Kakoma Kanganja
Zambia Police Service Inspector General Kakoma Kanganja

The Zambia Police Service has warned political parties to desist from wearing outfits similar to that of the Military Personnel.

Speaking through a press statement issued to media in Lusaka today, Zambia Police Inspector General Kakoma Kanganja said he has observed a reoccurring trend where some political party cadres have yet again begun wearing outfits similar to those of the military personnel especially during their respective party activities.

Mr. Kanganja explained that party cadres or any person other than the military personnel are not allowed to wear uniform or anything that resembles the military uniform as doing so is a criminal offence.

He stated that according to the State Security Act CAP 111 Section 6(1)(a) of the Laws of Zambia, any person without lawful authority who uses or has in his possession , imports or manufactures any uniform of the Defense Force or the Police Service or any other official uniform or any dress closely resembling the same as likely to deceive or falsely represent himself to be a person who has been entitled to wear any such uniform, shall be guilty of an offence and liable of conviction to imprisonment for a minimum of fifteen years.

Mr. Kanganja noted that there are pictures of some political party supporters clad in military regalia which are circulating on social media of which he has directed officers to investigate and bring those involved to book.

He said political party leaders at all levels should take a lead in educating their cadres and advise them to desist from engaging in behavior that is contrary to the law.

Mr. Kanganja said any police officer who will find any person wearing such an attire should act by arresting and prosecuting them.

He appealed to all Commissioners of Police through their Officers Commanding Districts and Officers in Charge of Stations in all provinces to ensure that the trend is brought to a halt without any delay.

Mr. Kanganja added that the Service will not sit back and watch lawlessness being perpetrated in the country or allow emergence militia groupings in any part of the country.

The Inspector General of Police has since implored political parties to conduct their activities within the Law.

Chambeshi savours Nkana’s 2018 Charity Shield triumph

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Nkana coach Beston Chambeshi is excited to have kicked off the 2018 season with victory in the Charity Shield final.

Nkana beat Zesco 4-3 in the final played at Nkoloma Stadium in Lusaka on March 10.

The victory was Nkana’s first domestic accolade since lifting the 2014 Charity Shield title.

And Nkana in the process extended their Charity Shield record to an unprecedented 16th title.

“It was not easy playing against a big team like Zesco. They are a good team but we are happy with a win. We have started the season well,” Chambeshi said.

A brace each from Idris Mbombo and Ronald Kampamba secured Nkana the win.

Anthony Akumu, Bornwell Silengo and Lameck Banda were on target for Zesco.

Meanwhile, the win was sweet revenge for Nkana over Zesco after the former beat them 2-0 in the 2017 Charity Shield final.

Chipolopolo face Zimbabwe in four-nations opener

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Chipolopolo will face Zimbabwe in their opening game of the four-nations invitational tournament it is hosting next week.

#Angola, South Africa, Zimbabwe and Zambia will converge on Levy Mwanawasa Stadium in Ndola four doubleheader dates from March 22-25 for the friendly tournament.

Zambia coach Wedson Nyirenda will be seeking his first win in charge of Zumbabwe after two defeats and a draw against The Warriors since his appointment in September , 2016.

Winner of that match will face victor of the Angola versus Bafana on March 25.

And Nyirenda has named a provisional 30-member domestic based team for the tournament.

” Zambia goes into camp in Lusaka today (Sunday) and will be in camp until Wednesday when the players will be released for their league engagements,” FAZ spokesperson Desmond Katongo said.

Katongo said Nyirenda has yet to name his foreign-based players for the four-nation tournament.

Team:
Goalkeepers: Toaster Nsabata (Zanaco), Allan Chibwe (Power Dynamos), Moses Mapulanga (Nkana)

Defenders: Jimmy Nakena, Ziyo Tembo (both Zanaco), Allan Kamwanga (Power Dynamos), Kedson Kamanga (Nkwazi), Bornwell Silengo, Simon Silwimba, Solomon Sakala (all Zesco United), Isaac Shamujompa, Ngosa Sunzu (both Buildcon), Adrian Chama (Green Buffaloes), John Mwegani (Nkana)

Midfielders: Jack Chirwa (Green Buffaloes), Misheck Chaila, Lameck Banda, John Chingandu (Zesco United), Larry Bwalya (Power Dynamos), Cletus Chama (Lusaka Dynamos), Mwila Phiri (Lusaka Dynamos), Charles Zulu , Ernest Mbewe (both Zanaco)

Strikers: Chanda Mushili , Brian Mwila (Buildcon), Martin Phiri (Zanaco), Welcome Mulenga (Forest Rangers), Alex Ng’onga (Power Dynamos), Youremember Banda (Green Buffaloes), Lazarus Kambole (Zesco United)

The Speaker is not Biased in declaring Chilanga Constituency vacant-Sinkamba

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Green Party leader Peter Sinkamba
Green Party leader Peter Sinkamba

The Speaker’s notice to the Electoral Commission that a vacancy has occurred for Chilanga Constituency is not in any way a double standard on the part of the Speaker, says Green Party President Peter Sinkamba.

Reacting to comments insinuatating double standards on the part of the Speaker for “declaring” Chilanga Constituency vacant whilst not doing so for Ministers Nkandu Luo’s and Margret Mwanakatwe, Mr. Sinkamba clarified that according to the 2016 Amended Constitution, the Speaker no longer has power to declare a parliamentary seat vacant.

He said under the new constitutional dispensation, the Speaker only notifies the Electoral Commission that a vacancy has arisen, on case-by-case basis per requirements provided in Articles 72 and 70 of the Constitution of Zambia. The Speaker no longer has power to declare a parliamentary vacant, hence a mere notification.

“You see, in the case of Hon. Nkandu Luo, her appeal is yet to be decided by the Constitutional Court. The Constitution in Article 72(2)(h) provides that a Member of Parliament shall vacate the seat if disqualified as a result of a decision of the Constitutional Court. Since Constitutional Court is yet to make a decision to disqualify her, she cannot vacate her seat,” Mr. Sinkamba clarified.

“Now, the difference with the Chilanga seat is that the Constitution in Article 70(2)(f) provides that a person is disqualified from being a Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law. So, because Mukata is serving a prison sentence, then in that manner he is disqualified to be elected as a Member of Parliament. This scenario automatically triggers Article 72(2)(2). It is for this reason he is required to vacate the seat.

“To make matters worse for him, the law does not appear to make a provision for a stay of imprisonment sentence to murder conviction. I think it only provides for stay of execution of hanging up. This has to wait until so confirmed by the Supreme Court.

The Constitutional Court plays no role on murder cases. That is the jurisdiction for High Court and Supreme Court. Furthermore, the notice of appeal that I saw reported in the media relates to death sentence, after mitigation, and it is addressed to the Supreme Court, not Constitutional Court. So, in terms of Article 72(2)(h), on which Nkandu Luo is leaning, this cannot be triggered in the Mukata case,” the Green Party leader said.

Mr. Sinkamba added that the only way that Mukata can do to stop the Electoral Commission from conducting the bye-election, following the Speaker’s notification of the Commission is to gamble by appealing against the Speaker’s notification of the Electoral Commission. He could argue that a vacancy has not arisen because he has not yet started serving his sentence, which is hanging until pronounced dead.

“You see, serving a death sentence is subject to interpretation. At what point are you said to be serving your sentence? Is it while in prison waiting to be executed or when the hangman ties the noose around your neck in readiness hang you? Also is possible to serve your execution sentence without serving an imprisonment sentence? Is imprisonment sentence implied for murder convicts? Now, these questions require interpretation by the Constitutional Court in relation to Article 72(2)(h),” he said.

Mr. Sinkamba said if Mukata came up with such legal gymnastics, then the Chilanga bye-election is not so near, as may seem. He added that if Mukata did so, then he could continue receiving his salary from parliament pending the outcome of his petition at the Constitutional Court, and at the same time wait the Supreme Court appeal.

“He could do a double tobela!” Mr. Sinkamba quipped.