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PF Condemns violent incident at 5FM

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Sunday Chanda

PF CONDEMNS 5FM INCIDENT

Lusaka, Zambia, 14th December 2017 – The confrontation that happened at 5 FM where NDC Secretary General Hon Mwenya Musenge’s vehicle was damaged by unknown people has made sad reading for all who believe in the freedom of expression and deepening of the country’s democracy.

We wish to distance the Party from the reported incident. The Party Secretariat was a hive of activity as we received former Matero MP Hon Miles Sampa and others back into the Party and at no point was any member given any directive to cause any form of disturbance anywhere. In this regard, we are calling on the Zambia Police consider the matter with the urgency it deserves.

PF values its working relationship with the media fraternity and the incident at 5 FM is regrettable. As a Party, we always ensure that our members conduct themselves in ways that promote the ideal of a free, thriving and robust media space devoid of intimidation.

PF continues to call for tolerance within the democratic space we have chosen for ourselves as Zambian. Further, we are calling for cessation of politics of character assassination and provocation. We believe that it’s possible to sustain healthy debate void of insults. After 53 years of Independence, Zambia should be characterised by issue-based politics, where different players can disagree on issues affecting the nation without becoming personally disagreeable.

Issued by:

Sunday Chanda
PF Media Director

ZNBC and HH in near stand off

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HH arriving at ZNBC studios
HH arriving at ZNBC studios

There was a near standoff between ZNBC management and the UPND President Hakainde Hichilema’s Press office this morning over the recording of the Sunday Interview programme.

This was when ZNBC management through its TV controller, Ms Rose Chumpuka stated that only ZNBC press equipment would be allowed to record Mr. Hichilema’s interview.

According to Mr Hichilema’s Press Aide Brian Mwiinga, this raised suspicions as there has been an existing mistrust between the public broadcaster and the general public especially on issues of reporting or stating facts as said.

In the process, it was resolved that the interview goes ahead and Mr. Hichilema be interviewed but immediately the program is done, a copy of the same interview in its raw (unedited version) is made available to Mr. Hichilema’s Press office for file and reference purposes.

Both parties agreed to this and the Interview will go on.

Mr Mwiinga confirmed that the pre recorded interview once done, will run this Sunday.

MISA condemns alleged PF attacks on 5 FM

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MISA Zambia has condemned in the strongest terms, the action by alleged PF cadres in Lusaka Province for blocking Dr. Chishimba Kambwili from featuring on 5FM radio programme dubbed the ‘Burning Issue’.

The radio station had invited Dr Kambwili to discuss the National Democratic Congress (NDC) Party and the political landscape in Zambia on its radio programme.

MISA Zambia Chairperson Hellen Mwale said as an institution that stands for media freedom and freedom of expression, “We strongly condemn the attack on 5FM radio station and NDC Party Secretary General Mwenya Musenge. It is unfortunate that the said cadres blocked Dr. Kambwili and attacked Musenge who was there to merely trail the discussion. ”

“We wish to put it on record that the action constitutes a violation of Dr. Kambwili’s rights to freedom of expression and the station’s media freedom which are key rights to safeguarding the country’s democracy and good governance,” Ms Mwale said.

“We are further concerned that this incidence is not the first occurrence as we recorded a similar incident on 16th August 2017 at Muchinga FM Radio in Chinsali District in the Northern province of Zambia, a rural community radio station, which received threats from some PF cadres after it featured Dr Chishimba Kamwili on its Red-Carpet program which attracted a lot of attention and participation from the listeners.”

She added,”After the station aired that particular episode of the Red-Carpet program, Muchinga FM station manager Martin Phiri, was summoned for questioning by Muchinga Province Police Commissioner, Patriotic Front (PF) Regional Office and the District Commissioner for Shiwangandu District.”

“Later, threats to burn down the radio station were issued by the Patriotic Front supporters after they stormed the radio station and warned if the station continued to feature people from the opposition political parties on its program. It is our hope therefore that the Police will act professionally and objectively on the matter as reports indicate that government does not expect the police or media to act in favour of the ruling party but professionally.”

She said MISA Zambia demands that the culprits who disrupted the programme at 5FM Radio be arrested and brought to book like it happened to Chris Chalwe.

“We are cognisant that 5FM Radio is very near Central Police and we do not expect that the culprits would have escaped police,” she said.

Walking dead man keeps funeral house guessing

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People scavenging for scrap metals from mine dumps in Kabwe. We all know that Kabwe mine and the nearby soils are highly polluted with the toxic metal lead. I am sure ZCCM-IH knows about these people but is not doing anything to protect their property as well as the environment. By LT blogger

Police in Kabwe are investigating reports that a 27-year-old illegal miner believed to have drowned in a disused mine is actually alive and in hiding from people he owes thousands of Kwacha.

Geoffrey Mwansa was reported dead about a month ago after a group of rival illegal miners attacked him at one of the mines they were wrangling over, forcing him to dive into an abandoned mine full of water to escape.

The incident happened on November 20, 2017 and prompted police and concerned local people to mount a search to find him or retrieve his body, but drew a blank.Two people accused of causing his ‘death’ are still being held although police say they may have to let them go, in the absence of evidence that Mwansa was indeed dead.

Speculation has since begun to circulate in some quotas that Mwansa actually managed to swim out of the highly polluted dam and had moved out of town to escape the people he owed money.

A funeral atmosphere hangs over Mwansa’s mother’s home in Makululu township, and she says while he remains missing, the family will continue to mourn.
Joyce Mwansa told the Times in an exclusive interview that the family was still holding a funeral because they believed her son was dead.
“We have heard these rumours that he is alive as well, but no one has come to us to officially tell us or provide the evidence, so as far as we are concerned, Geoffrey is dead unless someone proves to us otherwise,” she said.

“We have even stopped going to look around at the dam in the hope that the body may have floated to the surface. We are told, meanwhile, that police are still investigating so we don’t know what to do next.”

Ms Mwansa dispelled rumours that her son had not died but was hiding from people pursuing him for money he owed them but admitted that he had some differences with fellow illegal miners who were fighting for the control of the site.
Central province Commissioner of Police Joel Njase said the police have received reports that Mwansa was alive in Lusaka but there was no evidence to prove the speculations.

“As police, we don’t deal in speculation, so we will continue with the search; but we are not ignoring any possible links. We want to work with the military to help us with the marines to search because we are all concerned that it has taken long; so let’s wait and see what will come out of the search,” he said.
Mr Njase said the police was also contemplating releasing the two people that were accused of causing the death of Mwansa who have been in detention for almost a month now without a charge.
[Times of Zambia]

There’s a body down there…..

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A rumour that a tourist had drowned at the Victoria Falls in Livingstone yesterday morning ignited some frenzied activity by security and emergency services as they rushed about looking for the body.

Information given to the emergency services was that a tourist had slipped from the edge of the falls and that the body had been spotted at the bottom of the precipice, some 108 metre down.

Officers from the Livingstone fire brigade, Department of National Parks and Wildlife, Zambia Police and medics from private hospitals all rushed to the falls to help retrieve the body.

At the falls, a crush of local residents joined other tourists on the famous Knife Edge bridge, staring down at the bottom of the waterfall, eyes locked on an object that looked like the floating body of a human being.

Efforts by the Livingstone City Council Fire Brigade to get down the gorge to get to the body were hampered by lack of appropriate equipment.
All the while, the anxiety levels were growing among the ever-swelling crowd on the narrow bridge, most of them snapping away with their mobile phone cameras at the figure in the swirling waters.

Some people, eager to satisfy their curiosity, went as far as hiring binoculars.After hours of frustratingly little progress by the emergency services to find a way down the gorge, Bundu Adventurers Water Rafting Company was approached to help.

Staff from Bundu, an outfit specialised in swimming and water rafting as well as managing bungee jumping at the Victoria Falls Bridge, went down the gorge through the ‘boiling pot’ together with officers from the fire brigade.

The anxiety among the gathered crowd was palpable as the team came back with the news that there was a body all right. A hippo’s. Dead hippo.

[Times of Zambia]

PF cadres attack NDC officials at 5 FM in attempt to disrupt a radio interview

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Opposition NDC Spokesman Erick Chanda this morning fired shots into the air to disperse a horde of PF cadres that stormed 5FM in Lusaka to disrupt a radio programme which featured NDC officials.

5FM was scheduled to feature NDC Consultant and PF Roan MP Chishimba Kambwili on the Burning Issue radio programme but informed filtered through that PF cadres planned to disrupt the radio programme.

NDC then decided to send its party Secretary General Mwenya Musenge and Mr Chanda and only managed to get Mr Kambwili on the phone for a few minutes into the programme.

As the programme was on air, a group of PF cadres stormed the premises and started smashing cars and deflating the tires belong to the NDC officials.

5 FM was forced to discontinue the programme and Mr Chanda ended up firing shots in the air to scare away the PF cadres.

In a follow up interview on the same station, Mr Chanda confirmed that he fired the shots in order to protect lives and property.

He said the PF cadres would have done more damage if he had not fired the shots.

Mr Chanda has since warned the youths not to continue being used by PF senior officials to cause confusion.

BJ Ngosa condemns PF media director

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BJ Ngosa condemns Sunday Chanda for a reply -“ni wiso ule eba “against Pilato’s song

Pastor BJ Ngosa Who supported the re-Election of President Edgar Lungu has condemned the PF and media director, Sunday Chanda for organizing a response to Pilato’s song.

In the reply “ Ni wiso ule eba” the song condemns Pilato’s father( Hakainde Hichilema) and his alleged sponsor Geoffrey Bwalya Mwamba referring to them as “Shonongo” ( Satan) and uwachilufumo( pot-bellied) men.

But Pastor Ngosa who is a gospel artist and a pastor at Destiny Ministries, says it’s unchristian to respond evil for evil.

He also said the response was contributing to the degradation and degeneration of the conduct of politics.

Below is what he wrote;

“I know after reading this some if not many of you will go back to your most regular slogans “these are politics BA PASTOR” so please don’t.

“We cannot sink this low and begin to pay evil with evil, where are we taking this nation tata ba Sunday? This song is an insult to integrity, maturity and even the norms of our beliefs as a Christian Nation.”

“We should not allow ourselves to sink this low that we begin to level ourselves with people of no character and moral conviction.”

“I personally wish to disagree with this way of doing politics and I believe this generation of politicians should not even support such. I am praying that we learn that we are above these childish games being played by opposition by fighting a good fight of faith.”

“How can we sink this low to engage in insults…anyway like you would say ma politics aya…but ayakwi?”

“Am sure from Hell and as long as I am a member of this party and an adamant supporter of a president who loves the CHRISTIAN nation I will not provide any single support to such degeneration of politics.”

“I asked yesterday and indicated that we do not answer a fool while he talks then people will not distinguish between us.”

1 PETER 3:9 “Do not repay evil with evil or insult with insult. On the contrary, repay evil with blessing, because to this you were called so that you may inherit a blessing.”

“Already we have defeated any sensible rebuke targeted at the person who started this kind of childishness because any word against him is also against these so called supporters of PF who have made this song or paid these artists to do so. TAMA POLITICS AYA NINSELE ISHI NWANTAPA and you will not handle it.”

The fight against corruption in Zambia is a farce-Sinkamba

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Peter Sinkamba
Peter Sinkamba

The fight against corruption in Zambia is a farce says Green Party President Peter Sinkamba.

And Sinkamba says the fight against corruption in Zambia is a charade provided the vice remains embedded in the Electoral Process Act and the Zambia Public Procurement Act.

Commenting on last week’s International Anti-corruption day, Sinkamba said if Zambia is serious about fighting corruption, the starting point should be reviewing the Electoral Process Act and the Zambia Public Procurement Act to remove corruption-enabling clauses.

“Corruption in this country is embedded in laws. Provided corruption is embedded in such laws as the Electoral Process Act and the Zambia Public Procurement Act, the fight against corruption shall remain a farce,” he said.

“Take for instance the Electoral Process Act. You think that fight electoral corruption can be won with a corruption-enabling law like that? That’s a joke. The fight shall remain a charade provided the electoral laws are enablers of corruption.

“When you take a look at the Electoral Process Act No. 35 of 2016, the High Court or an election tribunal has no power to declare an election of the candidate void if the only reason is a corrupt practice or illegal practice. If the corrupt practice or illegal practice was not committed by the candidate personally or by that candidate’s election agent, or with the knowledge and consent or approval of such candidate or the candidate’s election agent, then the High Court has no power to declare the election void.

“So what this means is that provided a candidate, and his or her election agent pretend in public that they resent corruption, and they pretend to have taken all reasonable means to prevent the commission of a corrupt practice or illegal practice at the election, when in actual fact they personally fund corruption in dark corners, then the election of that candidate cannot be nullified. Not even when their members are caught in corruption acts, that is of no consequence on their election.

“So, how do we stop corruption like that? Instead of making empty speeches on December 9, it would be more desirable that more valuable and concrete measures are triggered aimed at ending corruption. Target number one should be decoupling embedded corruption in the Electoral Process Act and the Zambia Public Procurement Act,” he added.

President Lungu dates Copperbelt

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President Edgar Lungu will this Friday  be on the Copperbelt Province in Ichimpe, Kalulushi  for the Launch of the pole treatment Plant for ZAFFICO.
President Lungu will also have attend the First Ever Kopala Youth Interactive Forum at Road View Hotel in Kitwe
President Lungu is expected to conclude his visit  with the Fundraising Dinner for the PF on the Copperbelt Province at Mist Gardens in Kitwe on Friday 15th December 2017.
The fundraising dinner is meant to raise funds for the construction of the PF Provincial Secretariat.

Zamtel upbeat about climbing to top slot as Zambia’s largest network provider

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Zamtel Corporate Communications Manager Kennedy Mambwe featuring on Consumer Feedback radio programme on Hot FM
Zamtel Corporate Communications Manager Kennedy Mambwe featuring on Consumer Feedback radio programme on Hot FM

Zambia’s state owned telecoms provider Zamtel says it is confident of jumping to the number 1 position as the country’s largest network provider when ongoing investments into core network upgrade are completed.

Zamtel currently occupies the third slot after Airtel and MTN.

As part of its US$280 million investment in the network, Zamtel is installing 1009 new communication towers and upgrading existing ones which will see the company stand at 1,793 sites, more than any other network provider in the country.

The firm is also modernizing its Woodlands Technical Center in Lusaka at a cost of K7 million by transforming it into a Cloud Data Centre.

Zamtel is also rehabilitating and modernizing Lamya House in Lusaka at a cost of K30 million and upgrading its power solutions and also transforming it into a Cloud Data Centre.

The company is further putting up a new state of the art Call Centre whose works are 75% complete aimed at improving customer care.

Zamtel Corporate Communications Manager Kennedy Mambwe disclosed when he featured on a live Consumer Feedback radio programme on Hot FM on Tuesday evening.

Mr Mambwe said the projects have been initiated to improve coverage, increase capacity and place Zamtel at the centre of the country’s digital transformation.

He said the company is confident that the network improvement projects will catapult Zamtel into the number slot in about 30 months after the ongoing works are done.

“If you have been in Zambia for a long time, you will realize that of the three operators, one of them was number one, they are no longer number one; they are on number two position, Why? Because there is movement in numbers. We may be third placed right now but guess what, anyone who is really watching the trends must be worried about Zamtel because of the momentum at which we are moving we will soon most likely be number one and that is not like a farfetched idea, it’s a reality,” Mr Mambwe said.

“I don’t want to be a Prophet but I can make a statement of fact that once we are done with these projects, Zamtel is going to climb to the top slot as the number one network provider in this nation,” he said.

He further described the year 2017 as phenomenal for the company.

“The growth has been great. In February of this year, the company was struggling to pay certain bills and to meet certain obligations but there has been a complete turnaround, the performance has been great both in numbers and revenue and we have been able to meet our commitments to institutions such as the Zambia Revenue Authority,” he said.

Mr. Mambwe has since assured that Zamtel will continue on this growth trajectory in 2018.

“We went past the 2 million mark and we were upbeat about ending the year at 2.5 million subscribers but we may not end the year with that. By the time we switch on all the sites we are rolling out we will be able to accelerate our growth, perhaps double our growth, within a short space of time because we have put in a number of strategies and interventions to make sure we are catapulted into the numbers that we are looking at.”

Mr Kennedy Mambwe featuring on Consumer Feedback radio programme on Hot FM
Mr Kennedy Mambwe featuring on Consumer Feedback radio programme on Hot FM

ZNBC grants HH Sunday Interview request

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Minister of Information Kampamba Mulenga talks to Znbc Director General Richard Mwanza after touring both ZNBC and ZANIS Studios in Lusaka

Management at ZNBC has granted UPND President Hakainde Hichilema an opportunity to feature on its flagship Sunday Interview TV programme this Sunday December 17th 2017.

This follows a request by the UPND through its Spokesman Charles Kakoma who had written to ZNBC Director General Richard Mwanza requesting that Mr. Hichilema is featured on the Sunday Interview on December 17.

Mr Kakoma had written that Mr Hichilema would use the appearance on Sunday Interview to share his attractive economic policies among other issues.

And in a letter addressed to Mr Kakoma, Mr Mwanza said the programme will be prerecored on Thursday at 10:30 Hours.

He said ZNBC has had to waiver its schedule to accommodate Mr Hichilema after making special consideration after his request.

And some sources at ZNBC have disclosed that the UPND leader is expected to arrive at ZNBC studios aroud 10 Hours for the recording.

The sources said ZNBC management have asked Presenter Grevazio Zulu to make the programme as uncomfortable as possible or perhaps even worse that the BBC’s Hard Talk

Zesco get East African CAF draw, Nkana on bye

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Zesco United will face an East African opponent for the 3rd successive year in their opening continental game.

Zesco are set to make their debut trip to Zanzibar to face JKU in a preliminary round first leg match in their 2018 CAF Champions League campaign.

In 2016, Zesco overcame Al Ghazala of South Sudan en route to the reaching the CAF Champions League semifinals that year.

This year, Zesco eliminated Les Messenger Ngozi of Burundi on the first hurdle on their way to reaching the 2017 CAF Confederation Cup quarterfinals.

Victory for Zesco could see them make their now customary continental trip to Cote d’Ivoire to face their 2016 Champions League group stage opponents ASEC Mimosa or to the latter’s preliminary round opponent from Benin.

And Zanaco will kick off their CAF Champions League outing at home against Gambia Armed Forces FC.

Should Zanaco progress, Mumamba Numba’s side will face either 2017 CAF Champions’ League group stage debutants Mbabane Swallows of Swaziland or Lesotho club Bantu FC.

Meanwhile, Nkana are the only one of the four Zambian clubs in continental action on bye.

Nkana will enter the fray in the pre-group stage where they await preliminary round winner between CR Belouizdad of Algeria who face a yet to be named Mali opponent.

Nkana will be away in that first leg fixture.

Meanwhile, Green Buffaloes will face coach Hossam Hassan’s El Masry of Egypt whom they visit in the first leg away in Port Said.

Should Buffaloes progress, they have a first pre-group away first leg date against Simba SC of Tanzania or Gendarmerie Tnale of Djibouti.

All Winners from the first round will advance to the group stage.

The preliminary round match dates in both competitions will be played during the weekend of February 10-12 for the first legs and February 17-19 for the final legs.

The pre-group stage dates are March 10-12 and March 17-19.

Zambia Association of Musicians disapproves Pilato’s latest song ‘Koswe Mumpoto’

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‘KOSWE MUMPOTO’, ANOTHER ABUSE OF FREEDOM OF EXPRESSION VIA MUSIC – ZAM

The Zambia Association of Musicians (ZAM) would like to acknowledge that musicians across the world are important agents of change through the contents of their music, songs and personal character. Zambia, being a democracy, ZAM encourages its members and all artists to continue exercising their right to comment on social and political matters with full citizen responsibility, professional objectivity and mutual respect for everyone. Despite Pilato not being our member, ZAM would like to make its official position on the song as it concerns our sector.

In this regard, ZAM would like to disapprove of the latest song ‘Koswe Mumpoto’ done by Pilato as we deem it to be another abuse of freedom of expression using music.

As it is very clear that the song in question is meant to demean the Head of State and President of Zambia, ZAM finds the song to be too politically vindictive, judgmental and one that fosters character assassination, political hostility and division in the country.

As a matter of fact, ZAM believes that music should not at any given time be used as a tool to propagate hate speech, citizen hatred and bitterness.

To the contrary, ZAM is of the view that, music is a tool to be used for promoting unity, love, peace and oneness in the spirit of ’ONE ZAMBIA, ONE NATION!’ This is in reference to Page 44 of our Strategic Plan and I quote,” ZAM and its members, through music, can play an important role as positive change-agents in Zambia by commenting on social issues and raising awareness in such areas as politics, health, education, and gender issues, and spur action for positive change.”

The last time Pilato did a similar song, ZAM distanced itself even against a background were some sectors condemned us. However, we were happy to have learnt that Pilato demonstrated some level of maturity and responsibility by openly apologizing to President Edgar C. Lungu and the first family.

However, it is regrettable and unfortunate that Pilato’s current song is once more against the core values of ZAM and does not help to steer positive change in society apart from being too politically malicious, defamatory and hostile.

Therefore, ZAM would like to both denounce and distance itself again from this song and only believe that in due course, Pilato will find the right Christian and democratic reasons to openly apologize as he has done before.

Why Former Ministers Must Pay Back And Concourt Seriously Up Its Speed

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Deputy Ministers and the Minister of Gender Nkandu Luo


By Peter Sinkamba

As the Green Party, we reiterate our support for the Constitutional Court landmark decision on former Ministers to pay back to the State salaries and all other expenses they earned during their illegal stay in office. Much as the decision may appear draconian to affected former Ministers, it is our considered view that in the long run, the decision is absolutely necessary to confront executive impunity.

Who knows? Last time it is former ministers. Next time, it could be MPs, Mayors and Councillors from the ruling party who may refuse to vacate offices when parliament, and councils, are dissolved. They may argue, for example, that the constitution is wrong on dissolution because people need to be represented all the time. With executive impunity, Government of the day could continue paying them salaries up to the Election Day, thereby unduly disadvantaging opponents. We think that there is need to guard against such eventualities, remote they may appear at present, and we believe this landmark Concourt judgment could serve as a deterrent to such executive impunity.

We think that former ministers should just accept reality. They must understand that there is hardly a court decision that is always fair to both parties. Take for instance death sentence. Much as death sentence may appear fair and just to families of the victims of murder, such decisions are rarely perceived fair and just by the convicts and their families.

That said, our point of departure is on sluggishness on the part of the Concourt to resolve disputes. We think that it is fair and just to resolve cases promptly. And that is exactly what Articles 118 and 119 of the Constitution demand.

It took the Concourt four months??up to almost Election Day to render its judgment on former ministers and thereby unduly disadvantaging opposition parties’ candidates. I cannot surmise how else the injustice borne by the tax payers, and the opposition parties, can be remedied other than through the Court’s landmark decision.

Mind you, no former minister was forced to remain in office. They all had the liberty to either decline the “new appointment” or resign when court action was commenced. The fact that they continued to stay in office, and enjoy the lofty emoluments that go with those offices, implied that were doing so at their own peril.

However, the question that needs to be resolved at present is on the interpretation of the landmark decision in relation to continued stay in office by a minister after a High Court nullifies the election, and declares the seat vacant? Should that person pay back ministerial emoluments if the Concourt upholds the High Court decision? If so, when does the time starts running for paying back??is it from the time they were appointed ministers or for period they continued staying in office after the High Court decisions? This aspect needs to be clarified soonest by the Concourt in unambiguous manner.

The other aspect that needs to be clarified by the Concourt is on the time limit to resolve election disputes, both at High Court and Constitutional Court. Section 106 (10 of the Electoral Process Act of 2016 provides that an election petition shall be tried and determined by the High Court or a tribunal in open court??

(a) in the case of the election of a candidate as a Mayor, council chairperson or Councillor, within 30 days from the date of filing an election petition; and
(b) in the case of the election of a candidate as a Member of Parliament, within 90 days from the date of filing an election petition.

For Mayors, council chairpersons or Councillor, does the 30 day limit also include the appeal period? Or should the appeal period also be limited to 30 days?

In the case of MPs, should the 90 days also include the appeal period? Or should the appeal period also be limited to 90 days?
If the Presidential Petition hearing, which has no appeal, is limited to 14 days, why should the appeal period for MPs, Mayors and Councillors be indefinite after 30 and 90 days of hearings respectively?

In our view, the indefinite appeal period is certainly not desirable. There is absolutely no reasonable justification for an indefinite illegal stay in office.

And in any case, it is irrational for a court to order that the parties refund emoluments if the prolonged illegal stay in office is as a consequence of the delay on the part of the court to conclude the case.

YALI Commends President Lungu for not having a hand in Judges nominations

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The Judges at the ceremony
The Judges at the ceremony
PRESIDENT LUNGU HAS NO HAND ON SELECTING NOMINEES FOR APPOINTMENT AS JUDGES

The Young African Leaders Intiative (YALI) has commended President Lungu for following laid down procedures in the appointment Judges which marks a departure from what from what would happen with past appointments before the Constitution was amended.

While Article 92(2) (e) of the Constitution has vested powers in the President to appoint persons including Judges as are required by the Constitution or any other law, presidential appointments of Judges are not done by the President selectively handpicking nominees.

President Lungu does not singlehandedly pick persons for appointment as Judges as the nominees for appointments as Judges are recommended by the Judicial Service Commission in accordance with Article 140 of the Constitution.

Under the repealed Article 46(6) of 1996 Constitution, the President was not obliged to follow the advice tendered by any other person or authority in the exercise of any functions conferred upon him as he was allowed to rely on his own deliberate judgment.

The current law in Article 140 is that the President appoints Judges on the recommendation of the Judicial Service Commission and subject to ratification by the National Assembly.

It is thus unfounded for anyone to accuse the President of selecting persons for appointment as Judges of his choice when the recommendations are made by the Judicial Service Commission chaired by former Chief Justice Mathew Ngulube.

We believe that persons who have been appointed and ratified by the National Assembly have carefully been scrutinised by the Judicial Service Commission as the responsibility for their appointment lies with them. We are so far confident that the appointment of Constitutional Court Judge Martin Masaluke has merits in it and we hope the new Judge will exercise his independent mind on the bench.

SIGNED
Isaac Mwanza
Governance Advisor