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Copperbelt Minister Bowman Lusambo delivering his speech during the 55th commemoration of the death of Dag HammarskjöldGovernment has challenged management at the Chinese owned Jinfa Steel Company in Chambeshi on the Copperbelt to respect Zambian workers and add value to the Country’s economy.
Copperbelt Minister Bowman Lusambo says he has received disturbing reports on the activities at JINFA Steel limited in Chambeshi and hopes things will change for the better.
Mr. Lusambo says while foreign investment is welcome, it is important for investors to respect Zambian laws and human rights.
He was speaking when he toured the 5 million US dollars steel plant.
The minister urged management to ensure business is done in a conducive environment.
And on social responsibility Mr. Lusambo appealed to the company to work closely with the community to ensure that projects benefit the local people are implemented.
Meanwhile, Kalulushi District Commissioner Ken Siyachisumo urged management at JINFA to give priority to local residents when employing.
Earlier, JINFA Spokesperson John Mutale said 85 per cent of the workforce is from the local community.
Mr. Mutale said the company is also complying with all government statutory obligations to contribute to the Country’s economic growth.
Zambia Medical Association President Aaron Mujajati says Zambia should now start licencing Marijuana farmers in order to reap benefits from the cultivation of the crop.
Last week, Home Affairs Minister Steven Kampyongo clarified in Parliament that cultivation of Marijuana under licence is legal in Zambia.
Dr Mujajati who has emerged as a key proponent of Marijuana cultivation for medicinal purposes said the Minister’s clarification is welcome and timely.
“Now that it is legal, let’s get down to work. Enough has been said. Let’s put are paper work through to the Ministry of Health for licensing as advised by the Ministry of Home Affairs and reap the benefits,” Dr Mujajati wrote on his Facebook page.
Last month, Dr Mujajati caused a stir when he public backed the cultivation of Marijuana in Zambia to be used for medicine.
Dr Aaron Mujajati
“Who or what are we waiting for? One hopes that by the time we wake up and smell the coffee time will still be waiting for us,” he warned.
He suggested that the Military or Zambia National Service would be better placed to cultivate the crop in a secure and controlled fashion.
“How soon can we have an open and objective evaluation of the process of getting our home grown marijuana to the market? Medicinal marijuana works. Am not an economist so i cannot speak intelligently on the economic benefits. The risks can be managed, legalise medicinal marijuana,” he said.
Opposition Green Party President Peter Sinkamba was the first to publicly call for the legalisation of Marijuana for medicinal use when he first ran for the republican presidency in 2015.
Mr Sinkamba has consistently argued that Zambia could reap around US$10 billion annual if the country started commercial production of medicinal Marijuana.
According to the 2014 United Nations Annual World Drug Report, Zambia was ranked second highest Marijuana consuming nation, second only to Iceland.
The report said, despite Marijuana usage being illegal in Zambia, the country had 17.7 percent of its population as active users of the drug.
Jamaica was ranked the tenth weed consuming nation with 9.86 % of its population smoking Marijuana.
Aerial view of some of the wetlands toured as part of the WWF Zambia event
The World Wide Fund for Nature (WWF) in Zambia says young people should take an active role in efforts to conserve nature.
WWF Zambia this year launched an exciting and engaging Facebook competition in the lead up to World Wetlands month 2017 which fell on February 2nd 2017 under the theme ‘Wetlands for Disaster Risk Reduction’.
The competition ran for a month on the WWF Zambia Facebook page, inviting young people to participate by posting to the page a photo of themselves holding a placard explaining what Wetlands mean to them.
They were then required to encourage their friends to ‘like’ their photos.
The top 10 most liked photos were selected as winners of the challenge.
The prize was a fun and educational visit to the Lochinvar National Park and the top three winners got the chance to go on a once in a life time aerial tour of the Kafue flats.
WWF Zambia Head of Communications and Marketing Mr. Eneya Phiri highlighted that the competition was aimed at cultivating interest and creating dialogue among young people in Zambia on the importance of wetlands to their communities.
“As WWF, we felt it was only appropriate to raise awareness among young people about wetlands and how they contribute to their communities, particularly in extreme weather conditions such as the floods we are facing now in parts of the country” Mr. Phiri explained.
Mr. Phiri said the competition is part of WWF Zambia’s Young Conservation Trailblazers (YCT) initiative to promote young people become conservation champions and custodians of their natural environment.
Wetlands are areas where land is covered by water, either permanently or periodically that lead to the existence of unique ecosystems.
Examples of Wetlands in Zambia include the Kafue Flats, Bangweulu Swamps and Barotse Floodplains.
These wetlands play a crucial role in the biological make-up of Zambia and offer many benefits to communities.
The Kafue Flats for instance support high concentrations of the Kafue Lechwe—which are unique to Zambia-providing tourism opportunities unlike any other, anywhere else in the world.
The winners of the WWF Wetlands Day Facebook competition enjoyed an aerial tour of the Kafue Flats experiencing the true size and sheer beauty of the flats from the sky and in addition saw the human settlement areas in the Namalyo and Nyimba fishing villages that are situated within the flats.
Some of the youths who were part of the WWF Zambia tour of the WetlandsThe youths who were part of the WWF Zambia Wetlands tourZambian Wetlands
The Mpongwe Magistrate court has found former Mpongwe lawmaker Gabriel Namulambe with a case to answer.
This is in a matter which Mr Namulambe is alleged to have assaulted Reagan Maison Njobvu a businessman of shaka investment farms.
When the case came up for trial, the arresting Officer Cosmas Katebe produced a medical report which stated that the complainant sustained a painful forehead and bruises in the chest walls.
In his cross examination, Mr Namulambe, however, argued that the complainant only complained of a sore eye contrary to the medical report issued to the police.
Magistrate Dominic Lesa has since adjourned the matter to 17 March 2017 for Mr Namulambe to commence his defense and organize his witnesses accordingly.
Namulambe, 49 of Mpongwe on January 8, this year is alleged to have assaulted Reagan Maison Njobvu 44 of Shaka Investment Farms in Mpongwe thereby causing him bodily harm following a dispute.
The Civil Society for Poverty Reduction (CSPR) has welcomed
Government’s decision to award councillors a K3, 000 monthly
allowances from K700.
CSPR Advocacy and Communication Programme Coordinator Maxson Nkhoma
said that despite the amount not being sufficient,government needs to be
commended for its efforts to motivate the leaders.
Mr Nkhoma said that the move would go a long way
in addressing issues of councillors being implicated in illegal
allocation of plots in an effort to make ends meet.
He said that while CSPR was aware that Government was tightening its
expenditure it would have been good for the Government to award
councillors with better conditions of service and a better amount of
salary considering the magnitude of the work they do in their wards.
Mr Nkhoma said that just as Members of Parliament (MPs), councillors
ought to enjoy good conditions of service which could help to curb
corruption in the operations of local authorities.
He said that good conditions of service for councillors coupled with
other incentives would encourage credible and competent
Zambians to work as councillors and bring a shift in the
manner the local Government operates in Zambia.
William Chilufya with Vice President Inonge Wina and Justice Minister Given Lubinda
Nutrition development advocate William Chilufya says the recent an army worm outbreak should propel the country to start diversifying its agriculture production.
Mr Chilufya who is also the Southern Africa manager of the Sustainable Diets for All Projects at Hivos Southern Africa said the infestation should encourage a policy shift away from mono-cropping maize.
Zambia’s primary staple crop Maize was recently under attack from fall army worms.
The fall army worm is a migratory pest that rapidly moves through fields eating young plant stems at lightning speed, leaving devastation in their wake.
It is estimated that 10 per cent of Zambian farms in six provinces have already been affected.
Maize dominates agricultural production in Zambia and neighbouring countries, in spite of its limited nutritional value.
Other staple crops, such as millet, are far more nutritious, drought tolerant and less susceptible to pest outbreaks.
Yet more than 90 per cent of smallholders rely on maize for income and food calories.
It is feared that pest invasion could cause farmers in affected areas to lose 30 to 40 per cent of their crops.
Since 2007, the Zambian government has spent an average of 80 per cent of its agricultural budget supporting the production of maize.
And Mr Chilufya said the latest attack on the maize crop by army worms therefore highlights the need for Zambia to diversify its crop production.
He said greater diversity of foods on the farm and on the plate is something that is also urgently needed to combat hunger and fight malnutrition in the country.
Mr Chilufya said Maize mono cropping is diminishing the variety of foods in the fields and in people’s diets.
“Zambia has one of the highest levels of stunting in Africa, with one of the causes diets that are heavily reliant on maize. If there is a role that crop diversification can play in halting the advance of future army worm attacks, it is worthy of national debate,” Mr Chilufya said.
He added, “Despite being a much loved crop in Zambia and neighbouring countries, it is high time to ask whether maize is proving too costly at a production and dietary level.
Long queues of people lining up in the early hours for free food
A stampede over free food has left around 10 people dead in Lusaka.
The stampede was caused after hundreds of Lusaka residents trooped to the Olympic Youth Development Center (OYDC) where a US based faith organisation Church of Christ was due to start giving free food.
Several others have been admitted to Chipata and Marrapodi clinics for treatment.
The exercise attracted scores of Lusaka residents from nearby compounds such as Chazanga, Chipata, Mandevu, Chaisa, Marrapodi, Mazyopa and SOS who gathered from as early 03 Hours.
Reports emerging indicate that 10 people died in the stampede but Police Spokesperson Esther Mwaata Katongo has put the figure down to eight.
Lusaka’s UNZA Radio has reported that the death toll could be as high as 100.
The food parcels that were promised to the pay include a 10kg mealie meal bag, Sugar, Soya pieces, cooking oil and one head of cabbage per person.
The church had been issuing small pieces of papers in the compounds as tickets for one to stand on the queue today.
Mrs Katongo said among the dead, six are female, one male adult and one male juvenile.
She said five died on the spot while three died from hospitals where they were rushed for medical attention.
The Police Spokesperson said the victims are among the 35, 000 which the group called Lesedi seven, had invited for prayers at OYDC.
She said the group had also organized food hampers to distribute to people.
Mrs Katongo said this Lesedi seven is a grouping under Church of Christ.
“The injured are receiving treatment at Chingwere first level hospital and Chipata clinic while the bodies of the deceased have been taken to UTH mortuary. We have since dispersed the gathering and an inquiry into the matter has been instituted,” She said.
Huge crowds gather outside the OYDC for free foodLusaka residents braving the morning showers to line up for free foodPeople gather for free food parcels
File:High Court and Supreme Court Judges during assenting to the Constitutional Amendment Bill ceremony at Heroes Stadium on Tuesday, January 5,2016 -Pictures by THOMAS NSAMA
By Henry Kanyanta Sosala
Martin Luther King said: ‘’our lives begin to end the day we become silent about things that matter.’’
My heart and mind throb and swell in great anguish over the deplorable state of the legal system in our country and I have therefore not written on this important national issue with kid gloves, but to tell it like it is ___ the truth as seen through my own spectacles and nothing but the truth.
The sequence of the development of our country’s laws follows that the Members of Parliament (sometimes referred to as law-makers) enact laws which are interpreted by the courts and enforced by the police. But the most unfortunate dilemma has happened where judges and lawyers have lamentably failed to interpret the Constitution and have thrown the entire nation into the worst type of uncertainty. We have embarrassing situations where High Court and Constitutional Judges are making 180 degrees u-turns on their own earlier rulings.
And deducing from the press reports of what went on at the Constitutional Court I strongly believe that the petitioners, i.e., Hakainde Hichilema and Geoffrey Bwalya Bwalya Mwamba who were represented by the supposed strong legal team of thirteen lawyers with the total accumulation of over fifty years of legal experience were not effectively and adequately represented.
What Confucius, the Chinese sage, said has not lost one iota of importance after 25 centuries: ‘
’if language is not correct, then what is said is not what is meant; if what is said is not meant, then what ought to be done remains undone; if this remain undone, morals and acts will deteriorate; if morals and acts deteriorate, justice will go astray; if justice goes astray, the people will stand about in helpless and confusion. Hence, there must be arbitrariness in what is said. This matters above everything.’’
And indeed our country as at now stands in total legal confusion.
Mr. Colin Cunningham (the most shrewd lawyer this country has ever had) used to say that any lawyer can twist law in anyway, but must never try to break it. I think the greatest challenge the legal system is facing in relation to the Constitutional Court is that there have been a great laxity in our courts to adjourn cases on flimsy excuses. And unfortunately this is the hangover which both the Judges and the petitioners’ lawyers over-carried to the Constitutional Court.
And to my great disappointment as you will note from this article, they seem not to understand the ‘’ power’’ and the ‘’rigidity’’ of the Constitution, which is regarded as any country’s ‘’Bible.’’ And I had learned from Mr. Cunningham that no one can even change a full stop into a comma in the Constitution when I asked him why Dr. Kaunda had refused to entrench the Barotseland Agreement in the Constitution at the time when the Zambian delegation was negotiating the independence of Zambia in London in 1964.
And indeed I later learned from Gerald L. Caplan’s paper: Barotseland: The Secessionist Challenge to Zambia:
‘’….. Clement Zaza, UNIP’s political assistant in Barotseland openly acknowledged a year later: ‘The Barotseland London Agreement was agreed upon merely as a passport to enable Zambia to integrate Barotseland and proceed to independence as one country. After all, the Zambian government has no moral obligation whatsoever to honour the said agreement’….’’
And when the UNIP administration decided to diffuse the ‘’power’’ and the ‘’rigidity’’ of the Constitution in order to pursue its tyrannical agenda without interference, it introduced the ’’referendum to end all referenda.’’ And on the 1964 Constitution, let me quote from Akashambatwa Mbikusita-Lewanika’s manuscript, Sower of the Independence: Case for Re-Decolonization of how the UNIP regime maneuvered to take total power to control and silence their political opponents.
‘’Clearly, the 1969 referendum result was, and was intended to be, a licence for easily changing the Constitution, and everything else government wants, in the direction of further consolidating and concentrating power in the presidency, including imposing proscribing all opposition parties and imposing a one-party state and continuing with the colonial practice of detaining non-conformists. Indeed, before and since then, post-colonial governments have been ‘preoccupied with how to win and retain power, overriding the need for due sense of balanced and restraint.’ Thus, the post-colonial nation-state has not only been inappropriate, but also much abused, at the cost to civil and human rights and there have been no sacred cows.’’
The lawyers who were representing the petitioners, i.e., Messrs. Hakainde Hichilema (HH) and Geofrey Bwalya Mwamba (GBM) were: John Sangwa, Robert Simeza, Musa Mwenye, Jack Mwiimbu, Nelly Mutti, Mwangala Zaloumis, Keith Mweemba, Majo Muchende, Mulambo Haimbe, Martha Mushipe, Chad Muleza, Vincent Malambo and Gilbert Phiri.
The lawyers who represented the first and second respondents i.e., Mr. Edgar C. Lungu and Mrs. Inonge Wina were: Bonaventure Mutale SC., Professor Patrick Mvunga SC., Erick Silwamba SC, Sakwiba Sikota SC., Dickson Jere, Joseph Jalasi, Lubinda Linyama, Major Akokwa Lisita, Newton Mubonda, Chewe Bwalya and Noel Simwanza.
The lawyer from the third respondent, The Electoral Commission of Zambia: Mrs. Ngombo Mulenga (in house lawyer), Abyndi Shonga SC., and Steven Lungu. And the fourth respondent, Attorney General: Likando Kalaluka SC., Abraham Mwansa SC., Martin Lukwasa, and Francis Mwale.
And since this was supposed to be the most highly profiled case in the newly established legal institution (i.e., the Constitutional Court), and from which we had expected mental-cracking arguments from all sides, but unfortunately there is absolutely nothing recorded in the case records to point to as the greatest event in the annals of the legal system in Zambia since the petition just lapsed. And I am of the opinion that the lawyers did not effectively and adequately represent the petitioners as we had expected and anticipated.
I therefore decided to write to a man (like Mr. Colin Cunningham) ‘’who have empires in their heads,’’ Professor Michelo Hansungule, Professor of Human Rights Law, Center for Human Rights, Faculty of Law at University of Pretoria, South Africa and here is what I wrote to him:
‘’……anyway, I just want to find out if the Constitution Court has the right or power to change or alter any part of the Constitution. This arises from the following passage: one party stated: ‘the question of 14 days does not rise or fall on what is right or what is wrong, but rather on the decision of the majority judges at a particular time. From the 14 days decision of both the majority and the minority judges, it is clear that the decision could have gone either way. The 3-2 decision was very close.’
‘’And the other party had this view i.e, they claimed that by treating the constitutional 14 days’ time-frame within which to hear a presidential election as mere technicality which could be dispensed with at the convenience of the judges was both wrong and illegal.’’
And Professor Hansungule wrote back and stated: ‘’Your Highness, the new Constitution creates the Constitutional Court in article 127 which it mandates to hear:
(a) A matter relating to the interpretation of this Constitution.
(b) A matter relating to a violation of or contravention of this Constitution.
(c) A matter relating to the President, Vice-President and councilors and
(d) Whether or not a matter falls within the jurisdiction of the Constitution.
Based on this, therefore, in particular paragraph (a), the Court can interpret the Constitution but only where there is ambiguity. In order to give clarity to an ambiguity, the Court can ‘interpret’ and not ‘rewrite’ the relevant constitutional provisions, just interpret i.e., try to give what Parliamentarians had in mind at the time they enacted the ambiguous clause.
Sir ‘interpretation’ does not mean power to ‘to change’ or ‘enact any part of the Constitution.’ No. this is the reserved domain of the legislature. The idea of going to Court for an interpretation is in order to avoid going to the politicians who enacted the law to understand what they meant because they will give us a ‘political interpretation’ or interpretation according to the ruling party members which may not be in accord with national interests. We go to a professional interpretation of the meaning of a word or clause not easy to understand.
Having said this, Your Royal Highness, the issue of ’14 days’ did not need interpretation by either the majority or the minority in the Constitutional Court. This is not an issue which is ‘ambiguous.’ We all know the meaning of 14 days from the date of filing the petition. All lawyers and judges know that 14 days mean ’14 working days excluding weekends and holidays.’ All cases filed at the High Court are filed with that ordinary meaning in mind. Second, John Sangwa, the UPND lead Counsel raised the issue with Justice Sitali the first day they started sitting for the petition seeking to understand from the Judge how she understood 14 days to mean and she said ‘once we have started sitting for the petition, 14 days will not apply to your prejudice.’
Deducing from the fact that the issue of 14 days had been made more than clear by Judge Sitali to John Sangwa, the UPND lead Counsel on the first day of sitting in the open court, I can therefore safely take it for granted that both teams of lawyers from the petitioners and the respondents were aware what 14 days meant. And according to Professor Hansungule, Judge Sitali had stated without mincing words that ‘‘once we have started sitting for the petition, 14 days will not apply to your prejudice.’’ My Cambridge Advanced Learner’s Dictionary defines the noun ‘’prejudice’’ as ‘’an unfair and unreasonable opinion or feeling, especially when formed without enough thought or knowledge.’’
It must now be very clear from the above fore-goings that it was the Constitution Judges’ different political interpretations of the 14 days that has greatly contributed to the current constitutional crisis. And from the ’14 days’ decision of both the majority and the minority judges, it is quite surprising that the judges deliberately decided to ignore the ‘’power’’ and ‘’rigidity’’ of the Constitution. I must re-emphasize ‘’deliberately,’’ since ignorance is no defence in law.
And technically the Constitutional Court became illegal and illegitimate as soon as the judges resorted to act outside the Court’s jurisdiction as dictated by the Constitution i.e., they illegally decided to be law-makers instead of being interpreters. Let me quote Professor Hansungule again:
‘’ Sir ‘interpretation’ does not mean power to ‘to change’ or ‘enact any part of the Constitution.’ No. this is the reserved domain of the legislature.’’
And then through the Judges’ joint-political meeting, the unconstitutional 3-2 decision showed that judges Sitali-Mulenga-Mulonda majority might have had a different political leaning from that of the Chibomba-Munalula minority.
Chipasha Chipalo wrote: ‘’The lawyers made the issue of time an issue of argument with the court……….. They should never and cannot blame the court for dismissing the petition after the expiry of the time specified by the Constitution.’’
This indeed makes sad reading because there is no need for crying over spilled milk since this issue of 14 days could have been adequately dealt with by the Law Association of Zambia (LAZ) and lawyers who were on the Constitution Committee and I know of Dr. Roger Chongwe and the fact that the Technical Committee chairperson was the former Chief Justice, Judge Anniel Silungwe. This means our lawyers did not understand the implications relating to the Constitution and therefore could not later interpret our Constitution. What shame!
And let us look at another anomaly because inspite of the fact that Judge Sitali had clarified the issue of 14 days earlier, let us listen to what Perpetual Sichikwekwe reported:
‘’….Meanwhile, hearing of Mr. Hichilema’s application for an order that pending the determination of the petition, ballot papers and all other documentation used in the elections be in custody of the court again failed to take off yesterday. Lawyers from both parties arrived at the court around 0900 hours, but the hearing could not proceed because Mr. Hichilema’s lawyers had not served the documents on Mr. Lungu and Mrs. Wina. Justice Chibomba adjourned the hearing of the preliminary application on the preservation and custody of the ballot papers and other documentation to today at 1400 hours’’(Zambia Daily Mail 24th August 2016).
And the petitioners’ lawyers had not served the documents on the respondents about the fourth or fifth day into 14 days prescribed period.
And according to Troubleshooter, Chipasha Chipalo: ‘’The lawyers for the petitioners made the mistake of submitting grounds which were more speculative than factual. They also listed too many witnesses for a petition which had such a short time frame provided for the hearing. I can only guess that they did not realize the negative consequences of procrastination on the part of their clients. The originating summons was also too weak leading to applications for amendment of the petition, and yet, they had a full six days in which to prepare a firm case or advise their clients that there were no grounds for proceeding with the petition. The petitioners’ lawyers spent thirteen (13) days out of the Constitution’s prescribed fourteen (14) days filing applications instead of commencing the hearing so that they could prove their case.’’ (Daily Nation 7th September 2016)
And this simply means that there was nothing pertaining to the petition or any evidence recorded in the Constitution Court case records. And therefore the petition lapsed after 14 days. And in fact the petition never took place.
Then on Friday, 2nd September and the 14th day to close the hearing of the petition, the lawyers tactfully abandoned their clients in order for Hakainde Hichilema and Geoffrey Mwamba to plead for the unconstitutional extension of the 14 days within which the petition was to be heard. What is surprising was what made the Judges to agree to the request by the petitioners to hire new lawyers when the period had expired. And this actually means that the Judges did not understand the limits and the powers of the Constitution Court.
Andrew Ntewewe, President of the Young African Leadership Initiative said, ‘’Justice Chibomba had exhibited emotion in her conduct and that it was injudicious for her to have been moved by the political pleadings of Hakainde Hichilema and Geoffrey Mwamba to unconstitutionally allow the extension of the 14 days within which the UPND petition was to be heard.’’ (Daily Nation 9th September 2016).
Chipalo wrote: ‘’I am inclined to think that the decision to dismiss the petition on Monday 5th September was a realization of the earlier mistake and pressure from the public who justifiably complained about the abrogation of the Constitution.’’ What is amazing is that if we combine the experiences of thirteen lawyers who represented the petitioners, it might total to over fifty years of legal experience and yet they decided to deceive their clients to do what was not workable.
And so having totally and absolutely failed to file applications of commencing the hearing within the prescribed 14 days so that they could prove their case, then in desperation to cover up their shame of incompetence and blind the nation on their failure to effectively and adequately represent the petitioners, they resorted to the phrase Mr. Colin Cunningham had coined to describe the desperation of failed lawyers: ‘’Fix it, till you make it.’’
When the petitioners’ lawyers realized that inspite of their numbers (i.e., 13), they had shamefully come to the end of the road they resorted to ‘’fix it till you make it’’ tactics which included unreasonable arrogance from some miscreants. Surely when they walked out of court on the 14th day and last day of the petition, were they (with their 50 + years of legal experience) really convinced that the Judges had power to change the Constitution when they misled their clients to seek to engage new lawyers! Let me once more quote Professor Hansungule again:
Sir ‘interpretation’ does not mean power to ‘to change’ or ‘enact any part of the Constitution.’ No. this is the reserved domain of the legislature.
And here is the editorial comment: ‘’Despite the court’s ruling, Mr. Hichilema and Mr. Mwamba have initiated two new actions on the same matter, same facts but before two separate courts. They have initiated another cause of action in the High Court contending that the Constitutional Court did not afford them reasonable time in which to hear their petition. (Daily Nation 9th September 2016).
Was it the Constitutional Court that did not afford them reasonable time or the contents of the Constitution itself? In fact, I always hear lawyers themselves saying, ‘’ignorance of law is no defence,’’ and how can it be a defence today? There are themselves to blame and the greatest problem in Africa is that we tend to swallow anything from the white man and hence these same lawyers were just nodding their heads to ‘’14 days’’ like tree-frogs (popularly known as blue-heads) or like automated machines.
And in this respect, Reverend Munshya wa Munshya hit the nail on the head: ‘’The law does not change quickly enough to adapt to the political realities of a democracy. No wonder, Zambia is not led by laws using people, but by people using laws.
In philosophy it is said: ‘’Never complain about what you have permitted. You have permitted your present circumstance or they would not exist. What you tolerate, you permit to exist. What you tolerate, you authorize to exist….’’
The lawyers and their mother body the Law Association of Zambia (LAZ), in their misguided efforts to be champions of white democracy neglected to watch out for evil motives of the capitalist-exploiter. The greatest problem in this country is that our ears itch for praises from the whites. Of course, no one can overlook the fact that the white man has brought a lot of good civilization to Africa, but it comes with a sly danger, because while celebrating the generous donor aid such as the distributions of free skippers and such privileges as learning and enlightenment, it can easily blind us to who we really are and come to the fatal conclusion that the white man is the measure of all things. This hypnotizing mentality has subverted the African personality like no other ideology.
These people are intellectuals and are supposed to be the conscience of our society, but unfortunately through carelessness, this nation is going through unparalleled conflict and division that could have led to tortuous and volcanic hell.
My interest in this case has just been to try and establish if a team of thirteen lawyers had effectively and adequately represented their clients and from the fore-goings, I have found that they exhibited incompetence and later resorted to deceive their clients by misleading them into unnecessary court actions.
Professor Hansungule concluded his letter to me: ‘’Please Sir, I request you tell HH and GBM not to waste time with the law on a problem like this……….. If they cannot suggest a political strategy, they can as well forget it…’’
Let us look at this issue the other way round: No product can be more powerful than the source from which it came. Thus, the quality of any product is dependent upon the quality of the components used in the product, which is dependent upon the quality of the materials used in the component. The potential of something is always related to the potential of the source from which it came. Nothing can be greater than its source.
In fact the entire issue of this long article is to prove that our Constitution was a brain-child of the capitalist-exploiter i.e., it is an imperialist-driven and definitely not the people-driven Constitution. It is general knowledge that any manufactured product has got the manufacturers’ manual to which the purchaser must refer in order to utilize such a product to the maximum efficiency. But if this useless Constitution was indeed ‘’people-driven,’’ why have we as the manufacturers totally and absolutely failed to de-code and interpret the contents of our own product?
I have always maintained that the capitalist-exploiter leads with truth but never to truth. And this imperialist-driven document was not drawn in our own interest since ‘’the potential of something is always related to the potential of the source from which it came. Nothing can be greater than its source.’’
Let me quote Professor Muna Ndulo, a US-based constitution lawyer:
‘’I think the constitution-making process in any country should be owned by the people of that country. The Constitution is context-driven; you cannot take the American Constitution, the British Constitution and whatever and say it can work in Zambia. It is not like a fridge which you can take from here and say because it operates on electricity it can work in Afghanistan or wherever. No, it has to be context-driven. We are dealing with our specific problems and we have to address those. And I am also very troubled by the fact that often, external actors have this attitude that whatever they think of is good enough for Africa. I believe we deserve the best and we shouldn’t accept that people think they can advocate things which in their own countries they would never accept…. The key to success is always the people themselves to chart their own course; the crucial issue of ownership would never really be underestimated.’’ (The Post 25th August 2015).
And deducing from the blind arguments on the ‘’14 days issue,’’ it simply means our lawyers had not the slightest idea the impact it would later make on the interpretation of the Constitution by the Constitution Judges when it was being inserted in the Constitution. I strongly believe the ‘’14 days issue’’ could have easily been managed if foreign lawyers could have been invited to beef up the local legal team.
The Legal Practitioners Ordinance, Cap 144 in the 1965 Edition of the Laws of Zambia, permitted outside lawyers to apply to the Chief Justice to be admitted as practitioners in Zambia. But unfortunately the Legal Practitioners Act 1973 which came into force on 23rd March 1973 restricted admission to the Zambia Bar and subsequent practice in Zambian courts of lawyers trained abroad.
However, we are now sadly reaping the consequences of that ban. Attorney-general, Mumba Malila said that the legal profession was in considerable disrepute. ‘’…some learned legal practitioners at ZIALE expecting to enter what is known as the noble profession have deemed it convenient to shamefully cheat their way into the profession by helping themselves to leaked examination papers..’’ (Sunday Post 28th April 2007)
High court transcript of treason case
Let me cite one example of what I am talking about: I was availed the information from the High Court’s transcripts in the treason case of Shamwana and 11 others. The trial was before Judge Chirwa J. (HP/166/1981). My interest was on accused 2, Mr. Valentine Shula Musakanya. At the High Court trial he was found guilty and sentenced to death and he was represented by two Zambian lawyers i.e., Messrs. John Mwanakatwe and Bevin Willombe. He was, however, acquitted on appeal by the Supreme Court, a British lawyer Mr. Robert Gatehouse a Queens Counsel (QC) joined the two Zambian lawyers.
My interest in the trial was that Mr. Gatehouse’s submission was what would normally appear to be an insignificant and trivial issue. It was on the notes a police superintendent took from accused 2, which were admitted by the High Court but where the QC based his arguments.
Justice Chirwa wrote: ‘’Whilst on the question of confessions, I will briefly refer to the interrogation notes taken from Mr. Valentine Musakanya, exhibit ‘P 100.’ I made it clear when delivering any ruling on the notes that they were being admitted in evidence not as a statement by Mr. Valentine Musaakanya, as they do not qualify to constitute a statement, but as notes made by the witness to remind himself of what accused 2 said i.e., to refresh his memory see Lester & howard Vs R (22). These notes were objected to by Mr. John Mwanakatwe.
At the Supreme Court were: Judge Silungwe C.J., Judge Ngulube D.C., Judge Mundo T.S., Judge Bweupe and Judge Sakala.
Here is Mr. Gatehouse’s submission: ‘’…this brings us to accused 2’s situation which is radically different from others in that here, we are faced, not with a confession statement but with interrogation notes, exhibit ‘P 100.’ There was in this case, a wrongful admission of accused 2’s interrogation notes which should never have been before the trial court. It is not in dispute that on November 2-3 1980 PW 110 interrogated accused 2 at Lilayi; whilst police personnel secretly endeavoured to maintain a hand-written record as interrogation. There was no warn and caution administered to accused 2. The notes were not read to him. The notes contained insertions as well as alterations; the notes taken and the information given were not a warn and caution statement. The notes were at that time for the assistance of PW 110….in this circumstances, the lack of caution was not an impropriety.’’
Mr. Balachandram argued on behalf of the State that the interrogation notes were admissible in evidence as they were a contemporaneous record of the information given by accused 2 to PW 110.
The Supreme Court ruling: ‘’…clearly, the interrogation notes were, to all intents and purposes, admitted in evidence and used by the trial court as if they were a substitute for a properly admitted confession. This was misdirection. Interrogation notes may at best be used only as an aide-memoire, but should not, as a matter of principle, be used as a substitute for a confession. If this were not so, the Judge’s Rules would fall away as their own inanition. The significance and purpose of interrogation notes is to aid police investigations, not to be later transformed into evidence. It would be undesirable to promote the status of interrogation notes to the status or quasistatus of a confession, since for obvious reasons, the police subsequent to the interrogation notes which according to PW 110’s evidence, had been made as aid-memoire and not for the purpose of production in court.
‘’And to the State’s submission that the interrogation notes were admissible in evidence as a contemporaneous record information supplied by accused 2 to PW 110, the learned authors of Archbold, discussing about ‘contemporaneous notes’ made by the police and not signed by the accused point out in paragraph 15- 56 (ix) that, ordinarily, such documents are no more than memory refreshing documents used by officers concerned. In our judgment, the admission (including exhibits) of the interrogation notes was in the circumstances of this case, as in R v Fenion & others (66) ‘technically incorrect’.’’
There were eleven accused persons in the original treason trial, but four were acquitted by the High Court Judge and of the remaining seven, it was only Mr. Valentine Shula Musakanya who was acquitted by the Supreme Court. And it is amazing to note how the QC on the seemingly ‘’flimsy’’ submission led to the acquittal i.e., on the police superintendent’s own interrogation notes.
The Author is Chief Chitimukulu, the Paramount Chief of the Bemba Speaking People in Northern Province of Zambia
The young Teranga lions of Senegal have joined their Chipolopolo counterparts of Zambia in the Semis of the on-going AFCON Under-20 tournament by topping group B, defeating Cameroon via a 2-nil victory at Levy Mwanawasa Stadium, today.
The Senegalese opened their score through enterprising forward Ibrahima Niane in the 17thminute of the first half.
After resumption of the second half, young Teranga Lions ‘ midfielder Krepin Diatta was on target in the 47th minute and registered his name on the score sheet with two goals to confidently place them on top of the group.
And speaking during post-match interviews, Senegalese coach Joseph Koto said he was happy that his team had met its initial objective of getting to the semifinals as top of group B.
“I am happy that our team has managed to get its initial objective of getting to the next round as top of the group, because that will mean that we shall remain in Ndola and therefore save ourselves the stress of travelling to Lusaka. Our focus is on Guinea,” he said.
Meanwhile, losing Cameroon Coach, Cyprian Achu said some of his players were still playing in football academy centers in Cameroon and that the future of Cameroon football was very bright.
The Zambian Government and Neoen S.A.S of France, the preferred bidder under the Scaling-Up Solar Project, have completed negotiations on taxation, land provision, and equity financing. The conclusion of the negotiations paved way for signing of a Power Purchase Agreement [PPA] between Neoen S.A.S and Zesco Limited last Friday.
Neoen S.A.S, a leading French Company in renewable energy, will construct a 100 Mega Watt Solar Power Plant from the planned 500 Mega Watts under the Scaling-Up Solar Project.
Speaking during a bilateral meeting with the French Minister for Development Jean-Marie Le Guen in Lusaka, Finance Minister Felix Mutati said “this is a great development in our resolution of the power supply challenges,” and added that “the finalization of the PPA sets solid ground for reaching financial closure on the project that is now expected to be achieved by the end April 2017.”
An elated Mutati further stated that “the negotiations have been tough but through joint determination to succeed and inject 100MW in the main grid by end of this year, we have come to a mutually beneficial agreement,” and, he said, “the people will be greatest beneficiaries as it will contribute significantly in mitigating power supply challenges in the country.”
“This milestone is a practical fulfillment of President Edgar Lungu’s directive to diversify sources of power supply and to provide solutions in the short to medium term that will overcome load shedding” Zambia’s Minister of Finance said.
Meanwhile, Mr. Le Guen has described the Neone/IDC deal as the best in the world as it has attracted a lot of interest in France, wider Europe and the rest of the developed international community.
Mr. Le Guen pledged the support of France in constructing the Batoka Gorge.
President Lungu launched the first round of the Scaling Solar Project targeting 100MW on 7th May 2016 at the project site in the Lusaka South Multi Economic Zone (LS-MFEZ).
During that event, the President had directed that development of up to 500MW of solar power sources be actualised in the immediate term. Following that directive, the Government floated a competitive tender for development of a 100 MW plant after which Neoen was awarded the tender at a tariff of 6.02¢/kWh, fixed for 25 years. The 100 MW is expected to on the grid in the third quarter of 2017.
The development is being carried out under a special purpose vehicle called Bangweulu Power Company, owned 80 percent by Neoen S.A.S of France and 20 percent by IDC of Zambia. The IDC has now proceeded to issue a call for bids for the balance of 400 MW.
Zambia under the World Bank Group’s Scaling Solar Project embarked on an open, competitive and transparent procurement process for the rapid development of privately owned, utility scale solar PV projects in sub-Saharan Africa.
Through the Scaling Solar initiative, the International Finance Corporation [IFC] offers a one-stop-shop solution and package of advisory services, template contracts, financing, guarantees and insurance, drawn from across the World Bank Group to help Government’s and utilities procure solar power transparently, competitively and at the lowest possible cost.
From L-M-Finance E.D Operations Ms. Zandile M. Shaba , NLS CEO Ms. Alfelt Abio-Gunda , M-Finance MD Mr. Titus Waithaka and NLS Head of Innovation Edward Kimani during a contract signing ceremony at Madison Group office
A Kenyan IT company that specialises in providing banking software has won a tender to provide mobile banking and other services to M-Finance, a subsidiary of the Madison Group.
NLS Banking Solutions will now be the digital banking provider for M-Finance.
The two firms signed a contract in Lusaka last week where NLS will be required to install and support its Tera Integration Platform.
The platform has been praised for having the ability to offer integration between the various facets of a bank.
A press release from NLS said the platform “guarantees 99 per cent service availability to customers, even in the most remote areas”.
“The solutions we develop complement core banking while providing a platform for in-house development by the bank’s IT department.
“This gives the banks an opportunity to deploy new innovations such as utilities payment, mobile banking, internet banking and other channels,” said Ms Alfelt Mumbo Abio-Gunda, the NLS chief executive officer.
With its entry in Zambia, NLS is now present in 18 African countries.
“The solutions we develop complement core banking while providing a platform for in-house development by the bank’s IT department. This gives banks an opportunity to deploy new innovations such as utilities payment, mobile banking, Internet banking and other channels,” explains Ms Abio-Gunda.
She made the remarks in Lusaka, last week, during the contract signing ceremony between NLS and M-Finance.
She explained that the innovation, Tera Integration Platform (TIP), enables easy multi-channel integration and guarantees 99 per cent service availability to customers even in remote areas.
M-Finance CEO Titus Waithaka said NLS was the most suitable for the job because of the services it offers.
“There are different innovators approaching us for engagements, but what NLS has is the ideal solution for our offline branches as well as other delivery channels including automated) teller machines (ATMs) and mobile phones. We can now operate in the entire Zambia, increase our profit margins and give more value to our customers,” Mr Waithaka said.
Mr. Waithaka said the innovation was unique and provided a perfect solution to the lender’s needs.
He said the innovation is built on a full Service Oriented Architecture (SOA) framework that allows seamless integration of existing channels in the market, with various adapters for future interfacing.
“This will further expand accounts accessibility for MFinance customers across the country on various platforms,” he said.
NLS Head of Policy and Projects Conseray Mabeya explained that the platform is already serving six leading commercial banks in Kenya.
Amos ChandaPRESIDENT Lungu allowed the export of 100,000 metric tonnes of maize to Malawi following that country’s President Peter Mutharika’s request, State House has said.
Special assistant to the President for press and public relations Amos Chanda said yesterday, however, that Minister of Agriculture Dora Siliya and the Zambian government were not involved in the export of maize to Malawi.
Mr Chanda was speaking at a press briefing at State House in Lusaka.
“There is no scandal whatsoever on the maize export. If at all there is any problem about maize exports from Zambia to Malawi, it is on the Malawian side,” he said.
Mr Chanda said Profesor Mutharika had informed President Lungu that there was no wrongdoing on the Zambian side and that there were some controversies on the Malawian side.
He said Ms Siliya did not played any role in any scandal and that what Zambia did was simply responding to the special request by President Mutharika by waiving the export ban that was in place to allow for the export of 100,000 tonnes of maize to Malawi.
“The process was agreed between the buyers and the sellers, in this case Zambia Cooperative Federation (ZCF), and the Zambian government has nothing to do with that,” Mr Chanda said.
He said the report by a commission of inquiry in Malawi had mentioned Ms Siliya without even talking to her, which is misguided.
“It must be noted that President Lungu similarly allowed maize exports to Democratic Republic of Congo at the special request of President Joseph Kabila,” he said.
Mr Chanda said it is misguided for some people to try and gain political mileage by dragging the names of President Lungu and Ms Siliya into the Malawi issue.
He said President Mutharika sent his envoy, the Malawian Minister of Agriculture, to meet President Lungu.
And Mr Chanda says former MMD president and now United Party for National Development (UPND) sympathiser Nevers Mumba has fallen from the great height of being republican vice-president for him to fail to understand how Government is run.
He said Dr Mumba must be smarting from immense embarrassment caused by his criticism of the visit of the King of Morocco to Zambia recently.
“I guess in Morocco there is laughter at the ignorance of the former pastor, Dr Nevers Mumba,” he said.
International media reported at the weekend that President Muhamadu Buhari of Nigeria made a phone call to the Moroccan King Mohammed VI, who commands immense respect among African leaders.
NEWLY constructed Food Reserve Agency shed at Lumezi in Lundazi with the capacity storage of 5000 metric tonesZAMBIA is food secure with 915,000 tonnes of maize and has a national capacity to store 2.9 million tonnes of the grain contrary to alarming statements by some organisations, the Millers Association of Zambia (MAZ) has said.
MAZ president Andrew Chintala has also said a tripartite maize agreement involving the Grain Traders Association of Zambia (GTAZ), Millers Association of Zambia (MAZ) and the Food Reserve Agency (FRA) is the best way to trigger a reduction in the price of mealie-meal.
Mr Chintala said in an interview yesterday that contrary to views held by Zambia National Farmers Union (ZNFU) president Jervis Zimba, Zambia is not facing any food crisis and advised the organisation to stop alarming the nation.
He said it is misleading for ZNFU to claim that there is crisis of maize in the country.
“We are currently sitting on 915,000 metric tonnes of maize and we only need 350,000 metric tonnes of maize until the next harvest. There is no need to cause panic and alarm in the nation,” Mr Chintala said.
Mr Chintala said ZNFU is a big entity and what it said had the potential to cause unnecessary panic among people.
He advised ZNFU to engage other stakeholders instead of issuing alarming statements in the media.
ZNFU president Jervis Zimba was on Sunday quoted in some sections of the media as saying there is a food and maize crisis in the country.
And Mr Chintala has said the three stakeholders in the tripartite arrangement have enough capacity to store the commodity.
He said contrary to Mr Zimba’s belief that agriculture is a hobby, it is a serious business.
“Until we start looking at agriculture as a business, we will not reach the desired results of growing our economy,” Mr Chintala said.
He said GTAZ has in stock 415,000 tonnes of maize while FRA has 280,000 tonnes with the rest being held by the millers.
Mr Chintala said the tripartite agreements are now performance-based and that millers will be evaluated and monitored weekly.
“This exercise will work. Earlier, we had very few millers but now we are increasing the number. We have addressed the bottlenecks,” Mr Chintala said.
On his arrival from Israel last Friday, President Lungu said he was not happy that despite the tripartite arrangement the prices of mealie-meal did not seem to be dropping as expected.
The President promised to review the arrangement to see where the weaknesses were.
Meanwhile, the Zambia Consumer Association (ZACA) has welcomed the decision by stakeholders in the tripartite maize purchase deal to increase the allocation of maize offloaded to millers from the current 20,000 to 100,000 tonnes to trigger a further reduction in the price of mealie meal.
ZACA acting executive secretary Juba Sakala said in an interview yesterday that it is unacceptable for mealie-meal prices to be as high as K100 for a 25 kilogramme bag when the nation has enough stocks of maize.
“The President (Lungu) talked about this issue (of maize) two months ago, but we have not seen any meaningful reduction in the price of mealie meal. [A reduction of] K5 is not good enough. We cannot accept this as consumers,” Mr Sakala said.
St Mary’s Secondary School Head Teacher Agness Zimba (L) and Parent Teachers Association (PTA)Manager Stein Mukadawile(C) with Minister of Gender Victoria Kalima(r) during the Ministers Visit to the SchoolTHE Ministry of Gender says it is saddened by the killings of females in Lusaka and has since called on women to take measures to protect themselves by not moving in dangerous places.
Commenting on the recent killings of two women in Lusaka in unclear circumstances, the ministry has urged the investigative wings to expedite the investigations pertaining to the killings.
Last month, two females were murdered and their bodies were dumped in maize fields near their respective residences in Makeni area.
Minister of Gender Victoria Kalima said the perpetrator should be brought to book.
Ms Kalima has urged women to be on the lookout and always protect themselves.
And the minister has urged women to turn in large numbers to commemorate this year’s Women’s Day.
She said the theme fits very well with what Government is doing in promoting gender equality and parity in places of work.
Ms Kalima said her ministry has been going round in schools to ensure that young women are educated.
“I want to encourage women to be part of the day as it is meant for us. I also call on men to join in the celebrations,” she said.
She further said Government has engaged former first ladies to give motivational talks to girls as a way of encouraging them to aspire for academic excellence.
Ms Kalima said the former first ladies have been engaged to help girls realise that other than being wives of presidents in the past, they are also educated.
“The three first ladies are Maureen Mwanawasa, who is a lawyer, Dr Christine Kaseba-Sata, a renowned medical doctor and researcher, and Thandiwe Banda, who is a teacher,” she said.
FILE: Then Vice President Guy Scott , Commerce Minister Emmanuel Chenda (left) and then Tourism Minister Sylvia Masebo (right) drinking some tea while admiring the Victoria Falls at Livingstone IslandZAMBIA and Zimbabwe have re-launched the Kavango Zambezi Trans-frontier Conservation Area (KAZA) UNIVISA at the opening of ITB Tourism fair in the German capital, Berlin.
Zambia Tourism Agency communications manager Caristo Chitamfya said in a statement yesterday that the re-launch, which took place on March 4, 2017, was also used to promote Zambia as a yellow fever-free country following the recent endorsement by the World Health Organisation (WHO) and the subsequent removal of the yellow fever vaccination requirement by South Africa.
“Zambia’s Tourism Minister Jean Kapata and Zimbabwean Tourism and Hospitality Industry Minister Walter Mzembi officiated at the media launch which was held at the Zambian stand,” Mr Chitamfya said.
He said KAZA UNIVISA pilot project was first launched on November 28 last year at the Victoria Falls Bridge.
Mr Chitamfya said the KAZA UNIVISA enabled tourists to Zambia and Zimbabwe to use only one visa to transverse the two countries.
“The second launch of the KAZA UNIVISA at ITB-Berlin allows Zambia and Zimbabwe to tap into the world’s largest tourism trade fair and thus reach millions of would-be travellers with the message,” he said.
Mr Chitamfya said the Zambia Tourism Agency considered ITB as an important marketing platform not only for the opportunities it provides to lure the high-spending German travellers but also for the networking opportunities to reach other important source markets through parallel meetings, conferences and access to international media.
