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Minister of Health Chilufya Chitalu, PS Health technical services Dr.Jabbin Mulwanda, Ps Health Administration Mr.John Moyo pose for a picture with President Lungu and vice president Inonge Wina
President Lungu has called on new Permanent Secretaries for Administration and Technical Services in the Ministry of Health to avoid procrastination and lethargy as some of the vices which have been delaying service delivery.
The President also warned that some Permanent Secretaries would soon be replaced because they were not performing according to expectations. The President said his investigations have revealed that some Permanent Secretaries were tired hence they would soon be replaced.
The President said this when he swore- in Mr John Moyo as Permanent Secretary for Administration and Dr. Jabbin Longa Mulwanda, Permanent Secretary for Technical Services in the Ministry of Health.
The President expressed profound concern at decisions which were made a long time on procurement of medicines and medical equipment including the execution of other health related activities, but were still pending.
President Lungu cited decisions which were made during the reign of fourth Republican President, His Excellency Mr Rupiah Bwezani Banda but had not yet been executed and attributed this to lethargy among other reasons.
President Lungu stated that sometimes decisions were made to pend to cause Government to fail in service delivery.
The President advised the two Permanent Secretaries to ensure that they executed their duties efficiently and that implementation of decisions made should be expedited to enhance service delivery.
On the appointment and swearing in of two Permanent Secretaries in the Ministry of Health, the President stated that this was unprecedented and that the move was intended to enhance efficiency in the system, as it was constrained.
“It is not the job of the President to ensure that decisions made are done as quickly as possible. As you execute your duties, ensure that you make quick consultations and if you fail to make decisions, let us know,” The President said
And the President also commended the Minister of Health Dr. Chilufya Mulenga for introducing health living in the country through the promotion of Aerobics which were launched on 28th November, 2016.
President Lungu said Health was not simply about curative but that emphasis should equally be on improving health living and wellness of the citizens to ensure a healthy nation.
The Oasis Forum is deeply concerned and saddened at the recent spate of verbal and political attacks against Ms. Linda Kasonde, in her capacity as President of the Law Association of Zambia (LAZ). We also find it to be in bad taste the attempts by some people to demonise and try to isolate LAZ, especially its President, Linda Kasonde, who carries the full mandate of officially and validly speaking on behalf of LAZ and usually after wide consultation and deliberation by the various members of the said Association. To vilify her in her individual capacity is therefore grossly unprofessional, unfair, immoral and highly unchristian.
As members of the Oasis Forum and its constituent members, we stand solidly with and wholeheartedly support the statement issued by LAZ on 30th November 2016 on the nullification of parliamentary seats and the recent attacks on the judiciary. The Oasis Forum further supports the position taken by Ms. Kasonde on behalf of LAZ as the position that has been arrived at through dialogue and consensus within LAZ, but more importantly on behalf the voiceless citizens of Zambia calling for the protection of and promotion of the tenets of constitutionalism, separation of powers and the Rule of Law in our beloved country.
We wish to state that LAZ’s views are in concert with and echo those of the Oasis Forum. We therefore wish to strongly condemn those who are insinuating that LAZ is biased. We are aware that in this highly polarised and politicised environment, where even facts and the truth have become rare, there will be many interpretations of innocent professional opinions and voices. Our advice would be that those who feel strongly that LAZ has become partisan should seriously rethink their stands.
We as the Oasis Forum are satisfied that LAZ, as a statutory professional body, is discharging its roles as required by law. We are, therefore alarmed, that attacks on LAZ seem to come from sections of society that are more partisan and less knowledgeable about the [legal] issues at hand. We pray that although all Zambians enjoy freedoms of speech to comment and express opinions on any and all issues, more weight will be given to opinions of professional and technical institutions over those of individuals with partisan agendas. This can only come about if there is discipline in our country.
We note with concern the indiscipline that is creeping in our governance systems where the boundaries between the government and the party in government, has become blurred, as if Zambia has reverted back to the one-party state. Often, the power and authority of government is seen to be exercised and ceded to political party functionaries. As free men and women and citizens of this great country, we should reject the rule by threats, intimidation and violence that have become the order of the day. Threats, intimidation and violence are merely intended to instill fear in all of us and rob us our dearly won freedoms.
The Oasis Forum therefore strongly condemns the continued personal attacks on Ms. Kasonde and calls upon all well-meaning Zambians to continue to support her and LAZ in general for the just cause for which the Association is fighting for the greater good of all Zambians. We encourage LAZ to continue to be vigilant and to keep in check excesses of the governors and to ensure that good governance and constitutionalism are upheld and that lapses are quickly detected and exposed for the good of all of us. Let all of us as citizens renew our collective vision of a better Zambia anchored in law and order in peace and unity. Let us not permit partisan interests to override our national character.
Fr. Cleophas Lungu
CHAIRPERSON – OASIS FORUM
Issued On 1st December, 2016 in Lusaka on behalf of Convenors:
1. Rev. Suzanne Matale – General Secretary (CCZ)
2. Ms. Linda Kasonde – President (LAZ)
3. Ms. Sarah Longwe – Board Chairperson (NGOCC)
4. Fr. Cleophas Lungu – Secretary General (ZCCB)
Customers line up outside Intermarket banking corporation branch at Farmers house
There were emotional scenes at Intermarket Banking Corporation branch at Farmers House in Lusaka on Wednesday a day after the Bank of Zambia closed the commercial bank.
Angry depositors started queening up around 07 Hours in the hope that the bank will open and allow them to make withdrawals and close their accounts.
A check at the Farmers House branch along Cairo Road found a heavy presence of armed police and the ATM machines non-operational.
Some of the affected customers interviewed complained that the Bank of Zambia should have allowed them to close their accounts before shutting down the bank.
Amos Shashi, a farmer from Katuba area complained that he has K500,000 locked in Intermarket Bank which he had planned to use partly for his farming activities in this farming season.
“I had put all my savings here (pointing at the bank’s door) but I am told that BoZ will only tell us the fate of our money after three months, now for me that would be too late because that means I will not do anything at my farm, I will not even pay my workers,” Mr Shashi lamented.
Intermarket’s chief executive, Jon Gudmundsson refused to comment.
On Tuesday, the Bank of Zambia took over Intermarket Banking Corporation citing the bank’s failure to meet financial obligations and seized its assets with immediate effect.
According to an official notice of possession, Bank of Zambia deputy governor for operations Dr Bwalya Ng’andu said the central bank has taken possession of Intermarket after the company failed to meet its obligations.
“Notice is hereby given that pursuant to Section 81 of the Banking and Financial Services Act, Chapter 387 of the Laws of Zambia, the Bank of Zambia has taken possession of Intermarket Banking Corporation Zambia Limited with immediate effect,” read the notice signed by Dr Ng’andu on Monday.
“The action to take possession of Intermarket Banking Corporation Zambia Limited is due to the bank’s insolvency and its inability to meet obligations as they fall due. During this period of possession, the Bank of Zambia shall cause to be prepared a statement of affairs and take any other action it deems fit.”
The central bank’s move to repossess Intermarket follows several other cases of insolvency experienced by other firms within the financial services industry.
In May this year, the central bank also took over the running of three insolvent indigenous financial institutions – Cetzam Financial Services, Commercial Leasing Zambia Limited and Genesis Finance Limited.
At the time, the BoZ stated that the three financial institutions were capital insolvent and their shareholders had failed to carry out recapitalisation and could not propose any plan acceptable to, and enter into an agreement with, the central bank.
Copperbelt Energy Corporation which through its wholly owned subsidiary, CEC Africa Investments Limited has been developing an independent power generation project called CEC Africa SL in Freetown, Sierra Leone has announced its intention to divest from the venture.
Once constructed, the Project would have been one of the largest private sector investments in Sierra Leone to date.
Located in the Kissy Dock area, approximately 4km east of the centre of Freetown, the Project was intended to be built over 3 phases; beginning with 50MW then 39MW each for both the second and third phases.
CEC Africa with its consortium partner in the project, Abu Dhabi-based energy company TCQ Power Ltd, has entered a conditional agreement with the Project lenders to divest from the project upon reaching financial close.
The lenders include the International Finance Cooperation (IFC), the African Development Bank, CDC Group, Emerging Africa Infrastructure Fund, and FMO.
CEC Plc remains convinced of the attractiveness of the Sierra Leone project, both commercially and in terms of its developmental impact.
The firm has, however, made a strategic decision to sell its interest in the project to focus resources on other parts of its portfolio and has made certain to identify a competent and well regarded developer, with presence in many markets in Africa, to take up its interest upon exiting.
UPND Secretary General Stephen Katuka has reminded presidential press aide Amos Chanda to be mindful that he is a civil servant.
Mr Katuka said Mr Chanda should not think that his being at State House makes him a special civil servant.
He said Mr. Chanda should therefore not attack the Judiciary in the manner he did when he appeared on ZNBC TV’s Sunday Interview.
Mr. Katuka says such attacks only help confirm suspicions that the Executive has influence over the Judiciary contrary to constitutional provisions of separation of powers.
He stated that the UPND wants to see the Judiciary operate independently without any undue influence from the Executive.
As we participate in 16 days of activism to end violence against women, we note that our government is losing millions of kwacha through corporate tax breaks that could have been spent on making cities safer for women and girls. A report done by ActionAid –Freedom to move, shows how governments are failing to protect women from violence and harassment when making journeys around the city by failing to invest in street lighting, for example.
As an organisation that advocates for safe cities, we have spoken to young women in Lusaka who described how they are exposed to the threats of violence as they try to go about their daily life due to inadequate or poor street lighting, few if any public toilets and inadequate policing.
The Freedom to move report also reveals that the freedom to move safely around cities in most countries is restricted due to the planning and design of transport that ignores women’s needs while there is a negative culture that tolerates violence towards women.
“Women and girls either experience or face the threat of sexual and gender-based violence when in and moving around our cities. There is enough money available to help stop this. Women need to stand up for our right to move around our cities without fear of violence. We welcome the government’s commitment to fighting gender based violence including adopting the anti GBV Act which commits to working on way to prevent violence. We need to see this translated into more investment in public services that reflect the needs of women with financing from taxation such as “More corporate tax, well spent can make this happen”.
Not long ago, Zambia witnessed horrific instances including the brutalizing of a woman in public while people looked on and even filmed the incidence. In addition, the country has witnessed a sharp increase in media reports highlighting Intimate Partner Violence (IPV) which calls for a national reflection and places greater emphasis on the need for comprehensive responsive policies and legislation to tackle GBV. According to the 2016 third quarter statistics from the Zambia Police, a total of four thousand two hundred and thirty-five (4,235) cases of GBV were reported in Zambia,
44% of women and girls aged 15-49 having experienced violence since they were 15 years old. For young Zambian women, this is not the reality or a future they want – they have a right to a life free from violence.
“Violence cuts deeply into the liberties we should all have: the right to be safe at home, the rights to walk safely on the streets, the rights to go to school, to work, to the market among others.
The failure by government to raise enough tax revenue from big companies as also reflected in the latest budget statement undermines the efforts of government to reduce violence. Without sufficient funding central and local government does not have the resources to cover the costs of the safe transport or street lighting or policing that is needed. ActionAid believes that government must regulate subsidies or provide public transport, ensure laws and public campaigns to eliminate discrimination and violence against women and ensure that the additional revenue from closing tax gaps prioritises women’s unique needs and the services that uphold and protect women’s rights.
We would like to appeal to government to ensure that all women young and old can participate equally and meaningfully in all processes around designing, legislating and budgeting for city planning and public transport.
• In Zambia, the Ministry of Finance estimated that import duty exemptions alone in one year costed 388 million kwacha (2012, at current prices).
? In 2015, countries around the world signed up to the new sustainable development goals that commit to ending violence against women and girls by 2030. Zambia too has committed to end violence against women and girls, including through the anti-GBV act that was introduced in 2011.
South African authorities have arrested three people believed to be Zambians in connection with various criminal offences.
South Africa’s Department of International Relations and Cooperation (DIRCO) has confirmed the arrest of Hilda Malaya, holder of a passport whose number is indicated as 261253-61-1, and Lucky Dzuwua whose passport number has been recorded as unknown. Malaya is being held for allegedly dealing in drugs while Dzuwua is alleged to have been found in possession of a dangerous weapon.
The third person, William Mathews also believed to be Zambian, with an unknown passport number, was found in possession of a vehicle presumed to have been stolen.
DIRCO confirmed the three incidents to the High Commission of Zambia in Pretoria.
And DIRCO has said that South African authorities are still pursuing the murder case of a Zambian businessman, Ahmed Abbasi Sajjad. The Department said police investigations were still underway.
Issued by:
Nicky Shabolyo
Press Secretary
Zambian High Commission in South Africa
President Lungu met representatives of the House of Chiefs who paid a courtesy call on him at State House.
President Lungu discussed a wide range of developmental issues with the 12-member delegation of Chiefs led by the Chairperson of the House of Chiefs, His Royal Highness Chief Ntambu.
The chiefs informed the President that their wish is to increase the role of traditional rulers in advancing core national values especially the enhancement of peace and unity in the nation.
The chiefs also informed the President about the administrative challenges the House of chiefs was facing; the problems regarding tractors being distributed by Government to chiefdoms; policy on building chiefs’ palaces and their call to delink the House of Chiefs from Ministry of Chiefs and Traditional Affairs, among others.
The President assured the chiefs that his administration holds traditional rulers in high esteem and would work closely with them to ensure that the House of Chiefs played a role in nation-building and inculcation of progressive values within communities.
“Your Royal Highnesses, you are very critical actors in national development and an important moral voice of guidance. Your voice on ending child marriage, campaign against depletion of forests among others, is very important. You are an important moral voice in our society. The PF Government does not see Chiefs as a relic from the past,” President Lungu said.
The chiefs who paid a courtesy call on the President are:
File:Special Assistant for Press and Public Relations to the President Amos Chanda chats with PF Media and Publicity Committee Vice Chairman Sunday Chanda at State House
The Law Association of Zambia (LAZ) opposition inclined leadership has once again shown that it will clutch at every straw to openly show contempt towards President Edgar Chagwa Lungu and anyone deemed to be close to him.
This is one sad clear pattern we have noticed ever since President Lungu convincingly won the heavily contested August 11 polls were the man they overtly support Mr Hakainde Hichilema of UPND tumbled for what appeared like the umpteenth time. We feel the pain of LAZ, especially that of its greenhorn leader Ms Linda Kasonde.
We understand LAZ’s shared contempt and bitterness with Mr Hichilema and the UPND after the devastating loss as they continue to lick their wounds but there is something we do not want to allow to continue.
We do not want LAZ and UPND to continue misleading the nation that there is a neutral call for justice and accountability, of President Lungu and those that work for him such as Mr Amos Chanda, his spokesman.
It is unfair for LAZ and UPND to intimate that President Lungu is directly or remotely interfering with the judiciary in Zambia when history is replete with numerous incidents of President Lungu, a friend of the bench abiding with the law even when he could have arm-twisted matters ex officio.
Below are some explicit examples that demonstrate President Lungu’s respect for the law of the land.
• When President Michael Chilufya Sata died on 28th October 2014 (MHSRIP), a scheme by those close to LAZ was hatched to grab power from acting President Lungu. Instead of fighting the hostile take-over and create two centres of power, President Lungu gave up power in order to maintain law and order
• At party level when the party was divided on the mode of adopting a candidate to replace President Sata as the PF leader with the majority wanting President Lungu to take over, the Head of State still chose the hard route of going to a national convention that needed to be attended by no less than 4000 delegates from all ten provinces of Zambia
• When he did not need to after his first popular election of January 2015, President Lungu went ahead and signed a constitution that did not favour him by including the much-dreaded 50 percent plus one vote, albeit through his immense popularity, defied critics and beat the LAZ and Mast (formerly The Post) supported Hichilema hands down again.
• After he won the popular vote with an extra 100,000 votes to spare and got declared winner by the influential Electoral Commission of Zambia (ECZ) on 15th August 2016, President Lungu did not assume office despite direct and indirect intimations for him to assume office. This was in the back drop of receiving an unprecedented flow of international endorsements emanating from Washington, Beijing, Downing Street and Buckingham Palace and the local church to mention but a few that felt the election was fairly won by President Lungu.
• President Lungu waited until the day the Constitution Court returned with a decision that echoed that of the ECZ chief Judge Esau Chulu. Only then did he agree to be sworn in as Sixth President of Zambia on 13th September 2016.
All this time, Hichilema and his running mate Geoffrey Mwamba had refused to accept the legally declared results, casting aspersions on the Judge Chulu led ECZ and the entire international community.
President Lungu sucked it all in and now barely one hundred days after he assumed office, his Spokesman says the judiciary is not above reproach just like everyone else in Zambia, including President Lungu who was taken to the Concourt, the UPND backed LAZ flags are flying relentlessly, airing the LAZ presser live on their page and baying for Mr Chanda’s blood, whom by extension they associate with President Lungu and we feel it is not fair.
What is fair in our view is that Ms Kasonde, UPND and the questionable Mast must come out in the open and state that they are one political front bent on one thing—the opposition of President Lungu.
We have said in the past that we wonder “where Ms Kasonde was the day they taught law in law school” given her open lack of depth and impartiality in dealing with issues and we are going to say it again.
Except this time we are going to add regarding Ms Kasonde that, “there is nothing more dangerous in a game of political chess than a pawn that thinks it’s a Queen.”
Ms Kasonde, Mr Hichilema, UPND and The Mast, collectively and or individually, please wake up and smell the coffee—President Lungu is the President of Zambia, legally elected, legally, sworn in and legally in State House. You have another five bitter years to wait.
Where was Ms Kasonde and LAZ when Mr. Hichilema attacked Judges Anne Sitali, Pallan Mulonda and Mungeni Mulenga whom he likened to the biblical Judas Iscariot who betrayed a cause for pieces of silver? Where was LAZ when the UPND leader insulted the Judiciary with such impunity that every reasonable Zambian thought he would be cited for contempt of Court! Zambians recall that on 10th September 2016, UPND leader Mr. Hichilema charged that constitutional court judges were paid huge amounts of money to deliberately lapse the UPND petition to nullify the re-election of President Edgar Lungu in the 11th August general elections. Why did LAZ keep quite unless they clapped and nodded in approval of Mr. Hichilema’s lies and insults targeted at the Judiciary! On the date, Mr. Hichilema described the Constitutional Court judges as thugs and criminals who, according to him, had raped the Constitution and were therefore not worth the gowns they wore as they lacked integrity and impartiality. Where were Ms. Linda Kasonde and her LAZ to condemn these insults and label them as contemptuous?!
This is the hypocrisy we must question and LAZ must come out clean. LAZ especially under Ms Kasonde is not above public criticism over its conduct.
Lastly, we challenge LAZ to tell Zambians why Ms. Kasonde’s Press Conference was being streamed Live on Mr. Hakainde Hichilema’s Facebook Page. Could it be that Mr. Hichilema was privy to Ms. Kasonde’s statement? Could it be that LAZ is in liaison with the UPND?
Issued By:
MR. SUNDAY CHILUFYA CHANDA
PF MEDIA COMMITTEE MEMBER
Zesco United toiled for the three points at home against Napsa Stars on Wednesday in Ndola to see them move within four points of second placed Nkana.
The 2015 FAZ Super Division champions beat Napsa Stars 1-0 on a rain-drenched pitch at Levy Mwanawasa Stadium in Ndola to stay a close 3rd behind Nkana in the battle for second position.
Kondwani Mtonga headed in the ball in the 73rd minute off a Kasashi Lupiya floated ball to handed Zesco the three points.
However, Zesco earned the win the hard way thanks to an inspired performance from Napsa goalkeeper Philip Banda.
The ex-Zambia Under-20 and Chiparamba goalkeeper saved Cletus Chama’s 17th minute header and parried Jesse Were’s attempt in similar fashion on the stroke of halftime.
However, Napsa also gave Zesco’s something to think about when Jacob Banda kept out Maonga Kabuku’s shot in the 36th minute and a Justus Anene strike from an acute angle in the 39th minute.
Third placed Zesco rise to 63 points behind Nkana who have 67 with three and one game left to play respectively.
A second place finish will see the winner of that battle play in the 2017 CAF Confederation Cup.
Meanwhile, champions Zanaco put the title race beyond doubt after a 1-0 home win over Lumwana Radiants.
Midfielder Isaac Chansa found the target in the 64th minute to move them to 75 points with two games left to play.
Power Dynamos are looking set to finishing fourth after a 0-0 away draw at 6th placed Kabwe warriors.
Power have 58 points while Warriors are ten points behind with a match left to play.
Mr Nakacinda signing the book of condolences at the Cuban embassy
The MMD says the death of former Cuban leader Fidel Castro is not only a loss to Cubans but a loss the many countries which he helped during their independence struggles.
Speaking when he signed a book of condolences at the Cuban Embassy in Lusaka on Wednesday, MMD National Secretary Raphael Nakacinda said Fidel Castro was a father of many nations due to the role he played in the liberation of many countries world over.
Mr Nakacinda noted that the former Cuban leader stood with African liberation fighters even when it was not fashionable for the Western countries to do so.
“We referred to him as a father of many nations for his role and the role of the Cuban people at the time he championed the liberation of some African countries. Even when it was not fashionable to stand with indigenous Africans Fidel took a stance on principle even to the point of sacrificing economically with the sanctions and other things that the people of Cuba suffered to fight for the liberation of Africa to the very end until the last nation I think which was South Africa,” he said.
He said the MMD values the contribution which the late Cuban leader made towards not only the independence of the Zambia but also the development of human resource such as Physicians, teachers, scientists, bureaucrats and in other areas of human resource capacity.
He said the country has benefited from the works of Fidel Castro and that his influence inspired some of the Continent’s great leaders like Dr Kenneth Kaunda to take the radical steps that they took.
He added that the country’s second Republican President Dr Fredrick Chiluba who was first MMD president was greatly influenced in his early life that prompted him to fight for workers rights and later becoming the champion of economic liberalisation in Zambia.
“For Dr. Chiluba the influence was personal that he even named one of his sons after the great leader.The great leader’s influence was so immense that as Zambians will surely forever harness his goodness for the betterment of the lives our peoples.”
Mr Nakacinda was received by the Cuban ambassador to Zambia and Malawi H.E Caridad Pèrez Gonzaléz.
Solwezi residents have called on the PF government to be truthful on the construction of the Solwezi-Chingola road as they have suffered long enough.
The residents who spoke through their headman said they have lost confidence in the promises from government because they have been fed with the same rhetoric for a whole term but that no progress has been seen on the road.
Headman Kofwakofwa of Kimena Village which is along the same road was at loss of words to explain the difficulties that people in the area have been going through when bringing in goods and services to his area.
He said the road connects the province to the rest of the country but has been neglected further wondering if the people in the province are second class citizens who don’t deserve a better roads.
He said the road is a major contributor to the country’s economy as it the road which is used to transport all the copper as well as other commodities coming from North Western Province. Intact 50 percent of Zambias copper has to go through that road.
God will surely punish these guys for making his people suffer so helplessly,he said
Minister of Agriculture Dora SiliyaGOVERNMENT has declared the Farming Input Support Programme (FISP) a failed project because most farmers for whom it was intended turned the programme into a social cash transfer.
And Agriculture Minister Dora Siliya revealed that more than 7000 ghost farmers had been removed from the beneficiaries list which saw government pay a lot of money to non-existent farmers across the country.
Ms Siliya said while the FISP programme was meant to help vulnerable and small scale farmers graduate into commercial businesses which were eventually weaned off, the programme had been reduced to a social cash transfer project hence its failure to meet its original objectives.
Speaking in Parliament yesterday, Ms Siliya said most FISP beneficiaries had failed to graduate and be weaned and had continued to return to the government programme for inputs year after year.
“The FISP programme has become a failed project and government is seriously relooking at the programme. Last year, more than 7000 ghost farmers were removed from the FISP list which had seen government pay a lot of money to non-existent farmers. FISP was supposed to turn farmers into business venture so that the beneficiaries could graduate to commercial farmers and be weaned off the programme. But as it turns out, the beneficiaries have turned the programme into a social cash transfer to which people continue to return,” Ms Siliya said.
Ms Siliya said it did not make sense that government had continued to pump in money into the FISP programme and buying the maize from the farmers at a higher price so that the beneficiaries could make profit but that had not helped to make the farmers graduate.
She explained that government had also been paying the Nitrogen Chemicals of Zambia (NCZ) to manufacture fertilizer which was being given to farmers under the FISP programme yet the programme was not helping the beneficiaries to grow.
Ms Siliya said the agriculture FISP programme was not a social welfare programme but a business which was meant to have graduate.
“The FISP programme was supposed to help farmers with the potential to grow but as it turns out, it has stopped making any economic sense as shown by the fact that some farmers who are the beneficiaries are still failing to raise the K400 deposit fees to access inputs,” Ms Siliya said.
The Law Association of Zambia has strongly condemned State House Special Assistant for Press and Public Relations Amos Chanda’s recent attacks on the judiciary.
Speaking at a media briefing, LAZ President Linda Kasonde said the attacks appears to suggest that any judgment against the ruling party is not in the interest of the nation.
Ms Kasonde said the comments were extremely unfortunate as many of the election petition cases have gone on appeal to higher courts.She explained that the comments can be seen as an attempt to influence the decision of the appeal courts the said matters.
Below is the full statement as issued by LAZ
The Law Association of Zambia (LAZ) strongly condemns the recent attacks on the Judiciary by State House Press aide Mr. Amos Chanda on ZNBC’s Sunday Interview following recent court judgements nullifying the parliamentary seats of some Members of Parliament from the ruling party.
The statements by Mr. Chanda appeared to suggest that any judgement against a Member of Parliament from the ruling party was not in the interests of justice. The statements went further to suggest that there would be repercussions against any Judge that rules against a ruling party Member of Parliament.
These comments are extremely unfortunate in view of the fact that many of the election petition cases have gone on appeal to higher courts and are therefore sub judice. The comments appear to have been made in an attempt to influence the decisions of the appeal courts on these matters. The threatening comments by Mr. Chanda such as that the Judiciary “must not be like politicians” and “must not push the Executive to push judicial reforms [in] the Kenya style” are unacceptable and indeed, in our view, contemptuous.
The purpose of the Judiciary in any functioning democracy is to interpret the law and to limit the powers of other branches of government including the Executive and the Legislature. More worrying is the fact that Mr. Chanda claims that he was speaking on behalf of the Republican President in his capacity as the head of the ruling party.
This creates two concerns. The first concern is that Mr. Chanda’s views are the views of the Head of State, who is the head of the Executive arm of government and the appointing authority of all judicial officers. In a properly functioning democracy, the doctrine of separation of powers demands that the Executive and the Legislature should not interfere with the work of the Judiciary.
Secondly, Mr. Chanda, who as a press aide to the office of the Republican President is meant to be a non-partisan civil servant, appears to have overstepped his mandate into the realm of partisan politics. Section 173 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states that one of the guiding principles of public servants is to be “effective, impartial, fair and equitable” whilst conducting their duties.
The statements attributable to Mr. Chanda also lend credence to views in some sections of society that the Judiciary is being manipulated by the ruling party and that it is therefore not independent and impartial.
LAZ is of the view that the integrity of the institution of the judiciary must be respected regardless of the outcome of any court case. The Judiciary should be able to fulfil its mandate without fear or favour. As a matter of fact, Section 122 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states that, “the Judiciary shall be subject only to this Constitution and the law and not be subject to the control or direction of a person or an authority”.
Therefore, LAZ strongly discourages any unsubstantiated claims and attacks being made against the judiciary by either the ruling party or opposition parties, including those attributed to the United Party for National Development (UPND) Secretary-General Stephen Katuta. As this unfortunate incident clearly shows, politics is about perception and in this case justice must be done and be seen to be done.
Regarding the position of Ministers following the nullification of their parliamentary seats, section 73(4) of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states as follows:
“A member of Parliament whose election is petitioned shall hold the seat in the National Assembly pending the determination of the election petition”.
LAZ is of the view that, where the result of an election petition is nullified the Member of Parliament affected should lose their seat unless they obtain a stay of execution pending an appeal to the Constitutional Court.
If the Member of Parliament whose seat has been nullified does not appeal the judgement of the High Court or if the Constitutional Court upholds the nullification on appeal, that Member of Parliament is not eligible to stand for re-election in the subsequent by-election. As decided in the LAZ vs Ngosa Simbyakula & Others (The Ministers) case, a ministerial position is tied to maintaining a seat in Parliament.
Therefore, unless and until the Ministers who have had their seats nullified obtain a stay of execution pending appeal they lose their seats upon nullification and should therefore vacate the office of Member of Parliament and the office of Minister.
Newly appointed Minister of Agriculture Dora Siliya taking Oath before President Edgar Lungu during swearing in ceremony at State House
Not many of us have even heard about ARIPO – The African Regional Intellectual Property Organisation. Yet the decisions made by this regional organisation will affect all Zambian citizens.
Seeds are a source of life, and the basis of our food systems. For generations farmers have been carefully selecting and developing seeds to suit each particular and different farming context.
Today, multinational seed companies, with the backing of their foreign governments, see the money to be made in controlling and owning seeds. Once seeds are controlled, much of the rest of the food system can be controlled.
The ARIPO Arusha Protocol on the Protection of New varieties of Plants (adopted by member states in July 2015), aims at providing such control for multinational seed companies. Worse, are the regulations for the implementation of the Arusha Protocol, that discriminate against small scale farmers, targeting them unnecessarily with substantial fees and policing mechanisms.
Our own Zambian ARIPO representatives, together with regional governments, will meet on 5 – 8 December in Harare to adopt the regulations. All farmers and civil society representatives have been blocked from entry to this secretive and decisive meeting.
Regional Protocol will undermine national food security and increase malnutrition
The United Nations Special Rapporteur on the Right to Food has expressed deep concern regarding the “considerable negative impacts that the Protocol and its Draft Regulations may have in relation to fulfilling the right to food in ARIPO Member State countries”.
“The Protocol will negatively impact on the traditional practices of African farmers, in particular freely using, saving, exchanging and selling farm-saved seed and propagating material. These practises, which are the backbone of agricultural systems in Sub-Saharan Africa, have ensured access to and the maintenance of a diverse pool of genetic resources by farmers themselves. Such diversity is key to ensuring food security, long-term sustainability and providing farmers with resilience to natural disasters and the negative effects of climate change”.
All farmers and civil society representatives have been blocked from entry to this secretive and decisive meeting.
In Zambia, civil society organisations and farmers have continuously expressed serious objections to the Arusha Protocol, and requested our leaders oppose this discriminatory process that will negatively affect the majority of Zambian citizens. We are very distressed to learn that instead, Zambia has been strongly involved in the process, through its position of Chair of the negotiations for the 2016 period.
ZAABCs specific concerns include;
• The Arusha Protocol is based on the International Union for the Protection of New Varieties of Plants (UPOV) 1991, a most inappropriate model for the establishment of Plant Variety Protection (PVP) regimes in developing countries. Zambia already has its own advantageous National PVP Protocol that will be undermined should Zambia sign and ratify the Arusha Protocol.
• There is serious failure to safeguard farmers’ rights and farmer seed systems. This is despite that 70% of the region’s food is produced by small scale farmers, whose vibrant germ plasm continues to be used by researchers and is the basis of our national food sovereignty.
• The Protocol advances a centralised harmonised regime that undermines the sovereign rights of Member States.
• The Protocol facilitates biopiracy (the stealing) of local farmer varieties.
• The Protocol undermines implementation of international treaties such as the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access and Benefit Sharing, and the International Treaty on Plant Genetic Resources for Food and Agricultural (ITPGRFA) as well as various international instruments on farmer rights and traditional systems.
At this critical stage, Zambian civil society and farmers call out to His Excellency, President of the Republic of Zambia, and newly appointed Honourable Minister of Agriculture and Members of Parliament, to stand up for the farmers and consumers of Zambia, and NOT sign or ratify the ARIPO Arusha Protocol. We secondly call for our Zambian representatives at the ARIPO meeting to object to the adoption of the Regulations for its Implementation.
Signed by civil society members of ZAABC:
1. Caritas Zambia
2. Chalimbana River Headwaters Conservation – Trust (CRHC-Trust)
3. Chongwe District Women Development Alliance (CDWDA)
4. Community Technology Development Trust (CTDT)
5. Council of Churches Zambia (CCZ)
6. CUTS Lusaka
7. East and Southern Africa Small-scale Farmers Forum (ESAFF)
8. Green Living Movement (GLM)
9. Jesuit Centre for Theological Reflection (JCTR)
10. Kasisi Agricultural Training Centre (KATC)
11. Organic Producers and Processors Alliance of Zambia (OPPAZ)
12. Participatory Ecological Land-Use Management Association (PELUM Association)
13. Participatory Ecological Land-Use Management Zambia (PELUM Zambia)
14. Zambia Climate Change Network (ZCCN)
15. Zambia Community Based Natural Resources Management Forum (CBNRM Forum)
16. Zambia Land Alliance (ZLA)
17. Zambia Relief and Development Foundation (ZRDF)
18. Zambia Rural Women’s Assembly
