South African Opposition leader Mmusi Maimane of the Democratic Alliance (DA) claimed that his denial of entry into Zambia by the Zambian immigration was a violation of international law. Clearly, Maimane exposed some very worrying ignorance in the province of international law. We wish to provide him with a brief lecture on what international law holds over the events Maimane found himself in.

The true norm of international law was (and remains) that: ‘a state may legitimately exclude aliens only if, individually or collectively, they pose a serious danger to its public safety, security, general welfare or essential institutions.’

Maimane posed a serious danger on the judicial institution of our country as he had issued alarming and contemptuous statements to the effect that he would ‘gang-up’ with the opposition in Zambia to pressure the judiciary into releasing persons undergoing the due process of the law, in this regard Hakainde Hichilema. International law does not provide protection for such storm-brewing aliens. Any sovereign state will within its sovereignty legitimately shut its doors on such aliens.

In an American case of Nishimura Ekiu v United States, it was asserted that: ‘It is an accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may seek to prescribe.’

Further, in Chae Chan Ping v United States, it was stated that if a sovereign ‘could not exclude aliens it would be to that extent subject to the control of another power’.

It would therefore be politically and legally illegitimate for states or international law to ‘respect’ the ‘rights’ of those who are not supposed to be present within the dominion of a given State.

We therefore call on Maimane to cease misleading himself and the international community. His remarks of pressuring the Courts to release Hichilema bordered contempt of Court. Let him respect Zambia’s judiciary.

Issued By: Sunday Chanda
PF Director for Media
Party Headquarters

In response to the Lusaka Magistrate Court’s decision to adjourn the case of United Party for National Development (UPND) leader Hakainde Hichilema and five of his employees until 12 June, Deprose Muchena, Amnesty International’s Regional Director for Southern Africa said:

“Hakainde Hichilema and his five employees are currently undergoing persecution through prosecution and the charge against them must be dropped. Their arrest and detention is part of a cynical ploy to silence all political opposition in Zambia.

“This treason charge is designed to intimidate Hichilema and stop him and others in the opposition from taking part in public affairs. The Zambian authorities must stop misusing the criminal justice system to target and harass the political opposition.”

Hakainde Hichilema is the president of the main opposition political party, the United Party for National Development (UPND) in Zambia.

The six were arrested on 11 April after they allegedly failed to give way to a Presidential convoy in Mongu district. They claim they were beaten, teargassed and pepper sprayed on their genitals by the police.

Hichilema was initially charged with treason, “disobeying lawful orders” and using insulting language towards the police after a confrontation with a convoy carrying President Edgar Lungu.

The Lusaka magistrate court later dropped all charges except treason.

The Drug Enforcement Commission (DEC) through its Anti-Money Laundering Investigations Unit (AMLIU) in Lusaka has arrested and jointly charged a couple for money laundering activities involving over K200 thousand.

DEC Public Relations Officer Theresa Katongo said Nchimunya Sibajene, 33, a Banker of Plot No. 474B Salama Park in Lusaka has been arrested and jointly charged with his wife, Gertrude Mwela, 26, of the same abode for theft, forgery, uttering of false documents, theft by servant and money laundering contrary to the laws of Zambia.

Particulars of the offence are that Nchimunya Sibajene and his wife Gertrude Mwela on dates unknown but between 1^st January, 2015 and 30^thDecember, 2016 jointly and whilst acting together with other persons unknown did forge expense claim forms in the names of various bank officials of a known bank in Lusaka by purporting that the said officials had attended some training and workshops when in fact not.

Further, based on the forged expense claim forms, Nchimunya Sibajene was fraudulently paid K218, 860.90 through his personal account and the balance of K81, 796.00 was credited into Gertrude Mwela’s account.

The duo further laundered the said funds by way of renovating a house on Plot No. 474B Salama Park in Lusaka.

Ms Katongo said  in a separate incidence, the Anti- Money Laundering Investigations Unit (AMLIU) in Lusaka has also arrested and jointly charged a School Teacher and an Estate Agent for money laundering activities involving over K40, 000.

Ellah Pacharo Mkandawire, 41, an estate agent of Plot No. D411/7A Kafue Road in Chilanga District has been arrested and jointly charged with Scott Mulele, 27, a school teacher of House No. 20623, Libala South in Lusaka for forgery, uttering of false documents, attempting to obtain goods by false pretences and impersonation contrary to the laws of Zambia.

Particulars of the offences are that on dates unknown but between 1^st April, 2017 and 17^th May, 2017, Ellah Pacharo Mkandawire and Scott Mulele jointly and whilst acting together with other persons unknown, with intent to deceive and defraud, did impersonate a known Zambia Registered Nurse working at a known hospital in Lusaka by forging vital documents which included the National Registration Card, payslips, bank statements and approval of confirmation slip from the employers of the named nurse.

The duo then presented the said documents to a known Micro Finance Institution where they attempted to obtain a loan of K43, 083.92 by false pretences.

However, the fraud was detected before the said amount could be paid out to the suspects.

All suspects are on Police Bond and will appear in court soon.

Dear Editor,

It is with great disappointment that an initiative which was meant to clear up the system under the Local Government Commission,has been turned into business.Transfers at the Local Government Service Commission are being given to same people who are offering bribes to officers at the commission. Employees have been applying for transfers with genuine reasons but the commission has decided to turn a blind eye on such requests and concentrate with money making mission. It should be noted that some people only serve their duty stations for less than a year.

regards,

Disgruntled Civil Servant

ZNBC’s Franklin Tembo reports that Ms. Wina was speaking at a Women Leaders Forum, at the on-going 2017 Global Platform for Disaster Risk Reduction conference in Cancun, Mexico.

And speaking at the same event, United Nations Deputy Secretary-General, Amina Mohammed said gender imbalance will work against the gains that are being sought in the campaign for reducing disasters.

The UN Deputy Chief has further called on global leadership to be sensitive to gender balancing, if concrete results of reducing disaster risks were to be achieved.

Meanwhile, the conference has learnt that Zambia is exposed to a variety of hazards, such as droughts, floods, pest infestation, human and animal epidemics, hailstorms and landslides, which make the country vulnerable.

Ms Wina said the country also experiences man-made hazards, such fires and industrial accidents.

Commenting on the much publicised denial of entry into the country by Zambian government of Democratic Alliance (DA) Musi Maimane, MMD National Secretary Raphael Nakacinda said it was childish and nonsensical for Mr Maimane to try and do his cheap politics in a foreign country.

He said it was unprecedented for an opposition leader to attempt to get into another country disregarding all diplomatic channels through which they can express themselves and that his actions should be condemned with the contempt it deserves.

“First of all we take great exceptions to that conduct in the sense that it will be the first time and unprecedented to witness an opposition leader attempting to get into another country disregarding all diplomatic channels through which they can express themselves if they have any issue they would want to communicate but deciding to move from their respective countries and to come to another country wanting to politic here I think that is unacceptable and it should be condemned with the contempt it deserves.

“Who is this Maimane? He is of no consequence, a boy being used by an assembly of imperialists so called DA.

“I think the DA leader is behaving in a childish manner. That is childish political propaganda our position as MMD is that the government was in order to stop an attempt by friends of the UPND and indeed agents of imperialist who are being sent here to try and create an impression that there is something wrong in Zambia,” said Mr Nakacinda.

He noted that the UPND leader who Mr Maimane wanted to come and offer solidarity with was arrested on an allegation and has not been denied access to justice by fair hearing in the judiciary hence the need for the opposition leader to respect the sovereignty and judicial process of Zambia.

He advised the UPND and their lawyers to sharpen their skills in applying themselves as opposed to raising unnecessary motions thereby prolonging the process.

“Looking at the way things are going the UPND have been going to court on every day basis and making all kinds of applications, there lawyers are making all kinds of applications which is delaying the court process and indirectly punishing their client HH.

“Our view is that they should sharpen their skill and get their act together in terms of applying themselves in court so that they can have this matter come to a conclusion and let ultimately the law determine the fate of HH and not the cheap propaganda being advocated for,” he said.

He also described people condemning the government for not allowing Mr Maimane in the country as agents of imperialist.

“Those who do not want to respect the sovereignty of our land and also not respect the standard practice of respecting treaties, regional and international standards in trying to do things are meant to appease their sponsors.

“This Maimane for example is just an agent of imperialists, he is leading a political party that is more or less responsible for atrocities that Africans suffered for over a hundred years. I think it is important that we put that on record we don’t want agents of imperialism to come here that they are advancing the cause on principle when they are advancing the cause of their sponsors,” he said.

There have been both local and international media reports, after immigration officials denied entry into the country the South African opposition leader Musi Maimane who wanted to attend the court session for fellow opposition leader Hakainde Hichilema who is appearing in court on a treason charge.