The Civil Society Constitution Agenda (CiSCA) has been launched in Lusaka with a focus to push for the holding of a referendum to enact the Bill of Rights and drive the upholding of the rule of law.

Various civil society organisations converged at Matero Community Hall in Lusaka on Thursday.

CiSCA Chairperson Bishop John Mambo said now is the time for all Zambians to unite and demand for a constitution that would benefit all citizens.

He also stressed the need for patriotic Zambians to come on board and join CiSCA which he described as a grand coalition which will give Zambians a good constitution which will stand a test of time.

“CiSCA will therefore embark on civic education and ensure that Zambians can stand up to defend their constitution and claim their rights besides pushing for the upholding of the rule of law, respecting the supremacy and sanctity of the constitution of Zambia,” said Bishop Mambo.

And CiSCA Vice Chairperson Pamela Chisanga said Zambia has been on a long, tedious and costly journey of reviewing and amending its constitution but has failed due to political interests by constitution hijackers.

“Our constitution making processes have sadly been hijacked by political interests. The recent constitution making process initiated by the late President Michael Sata in 2011 is the latest in this series of constitution making blunders witnessed in this country,” said Ms. Chisanga.

“Sadly, our country, after 20 years of various constitutional reforms, has not been able to enact a constitution that meets the aspirations of its citizens.”

She said Zambians have been looking forward to a constitution that would eventually entrench the rule of law, reduce impunity by those in power, decentralize decision making and development processes and guarantees independence of state governance institutions and above all recognizes and guarantees economic and social rights.

She said Zambians were again short changed in a process devoid of a political commitment by those in power to give Zambians what they wanted.

“The referendum was held alongside the general elections and was therefore highly politicized. There was no real sensitization and engagement of citizens to understand and participate in the referendum. Whatever sensitization undertaken was merely a window dressing exercise as the referendum was deliberately set up to fail. Civil society raised these concerns with government but these concerns were ignored,” she said.

She further expressed regret by the current government’s attempts to mutilate the constitution.

“We, as concerned citizens, are alive to the fact that it is not enough just to have a good constitution. The constitution must be respected; it must be upheld. We note, with a lot of regret, overtures by the current government to mutilate and invalidate our constitution,” said Ms Chisanga.

“Our democracy can only mature and thrive if we respect and uphold the supreme law of the land – the constitution and where state institutions protect all citizens and not individuals. It is against this background that the Civil Society Constitution Agenda has been birthed.”

And Kitwe based Anglican Priest Father Richard Luonde said it is unwise for President Edgar Lungu to say the country doesn’t have money for a referendum when he (Lungu) and his cabinet could travel to Israel for photo shooting.

“This nation needs a good constitution which will reflect the true aspiration of Zambians. We can’t afford to live in a country where there are no laws; we need a constitution that will stand for all Zambians and give them the power which belongs to them,” said Fr. Luonde.

“Today we have launched this crusade; and I want to assure you that we will not rest until we have a good constitution which our next generation will use to lead a dignified life. And the first step is to hold a referendum; and it is unwise for President Lungu to say the nation doesn’t have money for a referendum when he has money to fly with half of his cabinet to Israel for photo shooting.”

And Zambia Civic Education Association executive director Judith Mulenga in giving a vote of thanks urged Zambians to stand up for a free press and defend the media.

“We still want the referendum to strengthen the Bill of Rights that will give us the power to demand what which we deserve and need from government,” she said.

“But above all, we must fight for our rights; we need the media to be free because the media means well for our democracy. We must defend the media; we shouldn’t leave the media to fight alone when they suppressed. Let’s all stand up and fight for our constitution for a better Zambia.”

Other notable figures present at the launch that was attended by hundreds of people from various civil society organisations across the country include NGOCC board chairperson Sara Longwe, former FODEP executive director McDonald Chipenzi and ZCSD executive director Lewis Mwape.

GOVERNMENT has raised councillors’ allowances from K700 to K3,000, Minister of Local Government Vincent Mwale has announced.

Mr Mwale told Parliament in a ministerial statement yesterday that the adjustment will be effected after publication of a statutory instrument (SI).

He said the SI has been submitted to the Ministry of Justice for clearance.

“I urge all councillors across the country to remain calm and steadfast so that they are in a better position to discharge their responsibilities in their respective wards,” he said.

Mr Mwale said the decision will enable councillors to discharge their civic duties efficiently and effectively.

He also told the House that he was advised by the Attorney General that councillors are entitled to be paid fees and allowances approved by the minister in tandem with the Local Government Act until the Emoluments Commission is operationalised.

Mr Mwale, however, said the Emoluments Commission has not been operationalized.

He said the commission will be responsible for approving councillors’ emoluments once operationalised.

“Councillors across the country contend that because they are elected by registered voters within districts as the case is for mayors and council chairpersons, they should be [on] full-time [basis] and get a salary,” said Mr Mwale.

He said councillors also contend that Articles 264 and 265 of the Constitution imply that elected councillors, like public officers such as judges, should be paid a salary and not an allowance.
And responding to questions by members of Parliament, Mr Mwale said the K3,000 is across the board.

And PF Roan MP Chishimba Kambwili wondered why councillors will be paid K3,000 when mayors are getting around K19,000.

Mr Mwale said councillors are part-time and allowed to be in full-time employment while mayors operate on full-time basis as civic leaders.

He said the Ministry of Finance will provide funding for the councillors accordingly.

Zambia has called for increased international cooperation to achieve sustainable transportation at national and regional level.

Speaking at the World Bank’s briefing on the Sustainable Mobility for all Initiative in New York, Permanent Mission of the Republic of Zambia to the United Nations Chargé d’Affaires Ad Interim Ms. Christine Kalamwina said there was need to build momentum and synergies on the importance of sustainable transportation to complement national and regional efforts through improved cooperation.
Ms. Kalamwina assured the World Bank of Zambia’s support and cooperation in promoting sustainable mobility and implementing the goals and targets towards achieving sustainable transport at all levels.

“Zambia as Chair of the Group of Landlocked Developing Countries do recognize the importance of Sustainable Transport,” Ms. Kalamwina said. “Zambia and all other LLDCs face special challenges that are associated with the lack of direct territorial access to the sea, remoteness and isolation from world markets. Due to geographical position, the LLDCs’ international trade is dependent on transiting through other countries, with substantially increased expenses for transport and other transaction costs as a result of the additional border crossings and long inland distances.”
She said landlocked countries’ geographical position reduce their competitiveness and negatively affects overall development of the countries.

“Improvement of transport systems as well as physical infrastructure in the LLDCs and transit countries to allow smooth transit connectivity of the LLDCs to the seaports is therefore important,” she said. “Enhanced bilateral and regional cooperation is important to allow for joint soft infrastructure programmes, harmonisation of policies and shared legal framework between the LLDCs and their transit countries.”

The Chargé d’Affaires said sustainable transport was indispensable and very important to achieve the objectives of the 2030 Agenda for Sustainable Development and the Vienna Programme of Action.
She said the World Bank’s new initiative should focus on the increased involvement and integration of member states to address a huge infrastructure gap in transport and ICT infrastructure to be able to meet objectives of interlinked Sustainable Development Goals (SDGs).

Ms. Kalamwina called for multilateral cooperation to strengthen regional projects through increased financing and a deliberate focus on strategic regional tailored solutions to assist in the preparation and implementation of regional projects.

“Zambia has heavily invested in road, rail, air and water transportation. Some of the projects includes implementation of the Link Zambia 8000 Road Project aimed at connecting all districts by road and onwards to the neighbouring countries,” said Ms. Kalamwina. “Link Zambia 8000 Road project has significantly transformed the country into a land-linked country with a good network to all our eight neighbouring countries. The aim is to ensure that Zambia becomes the preferred transit point in the region in line with our Vision 2030 Development Agenda.”

The Lusaka Magistrate Court has convicted Sabstic Industries Company for discharging a pollutant into the environment without an Emission License contrary to the compliance order.

ZANIS reports that The Zambia Environmental Management Agency (ZEMA) prosecuted Sabstic Industries and its Director, Hassan Sabra in accordance with the Environmental Management Act (EMA) No. 12 of 2011 and Environmental Management (Licensing) Regulations Statutory Instrument No. 112 of 2013 of the Laws of Zambia.

Facts presented before the Court were that between the 1st February, 2017 and 10th February, 2017 in Lusaka, Sabstic Industries and its Director, Hassan Sabra jointly and whilst acting together with others unknown, failed to comply with the requirements of a Compliance Order issued by ZEMA on 1st February, 2017, whose compliance date was with immediate effect.

Sabstic Industries also emitted or discharged a pollutant or contaminant into the environment without an Emission License from ZEMA.

The facts were confirmed to be correct by the accused upon which the Court convicted the Accused accordingly.

The matter comes up for sentencing before magistrate David Simusamba on 7th March, 2017 at 09:00hrs.

This is contained in a press statement issued in Lusaka today by ZEMA Corporate Affairs Manager Ireen Chipili.

Opposition All People’s Congress Party President Nason Msoni says he is ashamed to have associated with a weak President who is failing to decisively act on the corruption of Agriculture Minister Dora Siliya.

And Mr Msoni says the failure by President Lungu to act on the dodgy exportation of maize to Malawi has the potential to damage the country’s international relations at regional and global level.

But Information Minister Mulenga Kampambahas reiterated that the Zambian Government was clean in the maize deal which has taken Malawi by storm as it was not directly involved in the exportation of the commodity.

Speaking in an interview Mr Msoni said President Lungu had demonstrated his weakness and failure to run government as he has failed to decisively deal with the maize exportation saga.

He said the President has opted to run behind the Government Spokesperson and that his actions are disapointing to people who campaigned for him in the hope of giving him a second chance to run government effectively.

“We can not have a President who can’t act, he has completely failed to address it in other words even the fact that he has failed to address the matter effectively and has opted to go behind the Government Spokesperson demonstrates his weakness and failure to run Government and I must say that we are very disappointed with him.

“The idea that we campaigned for him was not that we agreed with him hundred percent but we felt that he needed a second chance to show and prove he can do a better job as a President but he has failed us, he has failed Zambians and that is a tragedy that we are confronted with and we are ashamed that we associated with a weak President who can’t act,” he said.

And Mr Msoni said President Lungu was risking the country’s international relations by remaining mute as the country may be isolated by her friends in the region.

“Malawi is anxiously waiting to see how President Lungu will respond. Although he appears not to take keen interest himself personally but I think that the damage ultimately will be far too great for President Lungu regionally and internationally. We fear for him that he risks being a bearer in the region because obviously Malawi is whispering to other regional leaders over the failure by the Zambian President later on even to comment to address the short comings by his Minister.

“It will be unfortunate if as a result of his failure to act Zambia becomes isolated because these are some of the consequences that can befall this country that regionally Zambia may become isolated because of the failure to act by an incompetent President,” he noted.

Mr Msoni advised President Lungu to heed to advise by people who care and are telling him to get rid of corrupt individuals whom he described as greedy politicians who betrayed the MMD and led to its humiliating defeat 2011.

“I think what he stands to lose out is far greater than protecting wrong doers. I think he is taking a big risk because this group of people or person he is protecting has the capacity to bury the Patriotic Front alive in a similar manner they had buried the MMD. It this same group of people who came to MMD and betrayed what MMD stood for, these were the most greed group of politicians who ceased the party for their own selfish interests and drove the party to humiliating defeat and later they abandoned the party to come and fuse themselves in the Patriotic Front.

“These are not true friends of President Lungu, he must be aware that by the time they are finished with him, he will have no political legacy to talk about, everywhere Zambians will pour scorn on him whenver they see him. He has a unique opportunity now to redeem himself or sink with the Patriotic Front. The true friends of Mr Lungu are those who are telling him can you take action and can you act now because it is in your own interest you need to be seen acting even in the region,” he said

He further said the country cannot have the luxury of having a “titular President” who was unable to do anything.

“People are holding for you to act and show them that you are in charge of this country otherwise you are rendering yourself into a titular Head of State, a Dr do little who can’t do anything, Zambia can not afford to have a luxury to have a President who can do nothing or who does nothing. You owe it to Zambians, you took an oath to protect and defend the Constitution, what in essence you are doing is betraying your oath of office,” he said.

He advised the President to stop being too close to his subordinates as that is what is making it difficult to act against those found wanting.

“I think there is a danger when a leader over fraternizes with his subordinates, when matters of this nature arises he is held hostage, he can’t act cleanly because he has over fraternised. It is always important for leaders to keep a distance from subordinates it is important when you assume the office of President and appoint cabinet you take a distance from your colleagues because that arms length distance enables you to take action but when you bring everyone close to a point were you even fail to act that in itself effectively renders you a completely importent President who can’t act,” he said.

But Government Spokesperson Mulenga Kampamba on Wednesday told Parliament that the Zambian Government did not engage in any inappropriate as it only facilitated the export of the maize by waiving the ban of the exportation of the commodity.

On the names mentioned in the report by the committee in Malawi Ms Kampamba said she would not comment on the findings in Malawi because she had no jurisdictions.

While the Zambian Government continue to deny its involvement the investigations in Malawi revealed that the Malawian Minister of Agriculture was aided by his counterpart from Zambia in the questionable maize deal.

It makes one wonder if the Malawian committee was wrongfully accusing “Smart Dora” of being involved in the maize deal which has led to the firing of her counterpart whom “she aided in the importation of maize from Zambia.”

Mr. Kampyongo has told parliament in a ministerial statement that this is provided for under section 9 of the narcotic drugs and psychotropic substances act cap 96 of the law of Zambia.

He however, states that it is mandatory that one obtains requisite lawful authority to enable them cultivate cannabis for medicinal purposes, failure to which one commits an offence even if it is for medicinal purposes.

Mr. Kampyongo says the minister of health is the licensing authority for purposes of issuing licenses to persons who intend to cultivate cannabis for medicinal purposes.

He says any person who cultivates cannabis for medicinal purposes without obtaining the requisite license does so without lawful authority.
He adds that a license or authority granted by the minister will be subject to certain conditions including the payment of a fee in respect to the license as the minister deems fit.

Mr. Kampyongo points out that according to section 6 of the dangerous and drugs act cap 95 of the laws of Zambia, the minister may by regulation provide for controlling or restricting the production, possession, sell and distribution of drugs to which this part applies.

He adds that the minister may also provide for prohibiting and production, possession, sell or distribution of any drug to which this part applies except by any persons licensed or authorized by the minister.

The Confederation Of Trade Unions in Zambia (COTUZ) has called for the removal of clauses such as the 50% plus 1 vote and the grade 12 certificate requirement for people seeking elective office from the constitution.

COTUZ president Joe Kamutumwa says these and other articles in the amended constitution are proving to be a hindrance in the governance system of the nation.

Mr. Kamutumwa says the 50 percent plus one clause has cost implications for a poor country like Zambia.

He adds that the grade 12 certificate requirement clause should be removed from the constitution as it is discriminatory.

Mr. Kamutumwa further tells QTV news that article 232 which is the emoluments commission needs to be relooked at as it is not in line with the international labour organization (ILO) conventions that Zambia has domesticated.

He explains that the article is not in conformity with free bargaining methodologies, thus the need to ensure it is relooked at in order to perfect it.