State House Swearing in Ceremony in Pictures
FDD sets December 9th to 12th for their Party Convention
FDD Spokesman Antonio Mwanza said the announcement comes following a National Policy Committee meeting.
He said all positions staring from the Party presidency to Committee Chairpersons will up for grabs.
“Following the resolutions of the National Policy Committee meeting of May 2016, The Forum for Democracy and Development (FDD) will from December 9th to 12th this year, 2016 hold a national convention to usher in a new leadership.
“All positions from the Party Presidency to Committee Chairpersons will be up for grabs. All FDD members who are eligible to attend the Convention are encouraged to be delegates and freely participate in the elections.
“As a Party that strongly believes in the sanctity of democracy holding of the constitution will be a fulfilment of the Party Constitution and will help the Party to reinvigorate its mobilisation program in readiness for the 2021 General elections,” he said.
The FDD had scheduled their convention in August but postponed it due to the general elections which were held in the same month.
Michael Katambo is new Livestock Minister
President Edgar Lungu has appointed Michael Katambo as Minister of Livestock and Fisheries.
This bring to 17, the numbers of Ministers appointed so far.
Mr Katambo who is also PF Masaiti Member of Parliament will be sworn in tomorrow along with other cabinet ministers expected to be appointed today by President Lungu.
Savenda wins huge damages against Stanbic for wrongly reporting the firm to the Credit Bureau
Savenda Management Services, a global supply chain management company is claiming K192.5m in damages from Stanbic Zambia for loss of business resulting from its negative credit agency listing.
Judge Justin Chashi, of the court’s commercial division, awarded damages to Savenda for losing significant contracts after being reported by Stanbic bank to the Credit Reference Bureau for defaulting on instalments.
Justice Chashi found the non-payments were the bank’s fault and made other findings that will affect relations between other businesses and their bankers.
In 2007, Savenda arranged a Stanbic lease buy-back facility for a US$540,000 printing machine, with payment to be made via an overdraft facility.
Savenda said the balance on its loan facility did not reduce despite lease payments, and asked Stanbic to explain.
According to Savenda, during discussions Stanbic officials “acknowledged” the apparent default on the account was caused by a bank problem.
Savenda’s case was that even though the bank conceded the error, it negligently listed the company with the credit agency.
That listing resulted in several missed funding opportunities and harm to the company’s reputation.
An arbitral award was made in favour of Stanbic and the company’s property was foreclosed by the bank.
In court the bank denied any fault, saying when the company did not pay instalments Stanbic was justified in reporting it, thus no negligence was involved.
After hearing detailed financial evidence from both sides, Justice Chashi found the problem lay with a bank glitch that led to the account defaulting and then being classified delinquent.
While the bank continued to deny any problems on its side, the court quoted a Stanbic letter saying Savenda’s debit had defaulted to an internal suspense account and this “anomaly” had since been rectified.
Justice Chashi said if the bank had properly investigated, it would have found the apparent default was caused by a failure of its own system rather than by Savenda’s non-payment.
The judge found the bank “culpably careless” for reporting the client without properly investigating.
But Justice Chashi said there was another problem: breach of confidentiality.
While the parties agreed the bank owed Savenda a duty of care, that duty included keeping customers’ affairs confidential.
The Banking & Financial Services Act provides that, in the absence of a court order or client consent, banks should maintain customer confidentiality.
The bank had not asked for the company’s consent to give its information to the credit agency, nor was such reporting provided for in the bank’s contract with Savenda.
Even though the consent issue was not raised by the parties, “it is the duty of the court when breaches of the law arise to step in” to deal with such infringements even if they were not raised in hearings.
The court also had harsh words for the bank’s failure to observe proper process, for example the stipulated notice period when the company was reported to the bureau.
Justice Chashi said credit agencies obtain their information from banks and this is used by lending agencies to decide individual applications.
It is inevitably used as a blacklisting mechanism, with lenders not being keen to advance monies to reported companies.
In this case, the bank’s negligent listing had an adverse impact on the company, with funding for important projects being declined.
Finding the company had proved its case and was entitled to relief plus legal costs, Justice Chashi referred the matter to the deputy registrar for assessment of the damages due.
Edward Mumbi resigns from his UPND Presidential Spokesperson position
Hakainde Hichilema’s Presidential Spokesperson Edward Mumbi has with immediate effect resigned from his position.
Mr Mumbi becomes the second senior UPND official to have resigned from the UPND after Edwin Lifwekelo who was the deputy spokesperson of the opposition political party.
Mr Hichilema, the leader of the UPND, on Sunday suspended his vice-president Canisius Banda over what he termed conduct likely to bring the name of the party into disrepute.
Yesterday, Mr Mumbi tendered his resignation from the UPND on grounds that it had become extremely difficult for him to continue discharging his duties as presidential spokesperson because of family responsibilities.
In a letter addressed to Mr Hichilema, Mr Mumbi said he had served the UPND and its presidency loyally and diligently but that it had become difficult for him to continue with his responsibilities with his current family responsibilities.
“Due to pressure of family responsibilities, it may be difficult to efficiently and effectively carry out my responsibilities as presidential spokesperson. I have, therefore, decided to resign from my position as Presidential Spokesperson and I have also ceased to be a member of the UPND with immediate effect for personal reasons. I wish the presidency and the party God’s blessings,” Mr Mumbi said.
Koby and Jay Rox release “Odi”
XYZ Entertainment hiphop artist Koby released his latest single “Odi” . The song features Jay Rox .
Listen/download the song HERE
BY KAPA187
ARTICLE 70 of the UPND Constitution is Inconsistent with the Republican Constitution, it should be deemed illegal
By Sunday Chilufya Chanda
Following the UPND Secretary General Mr. Stephen Katuka’s statement glorifying his party’s article 70 which clearly confirmed what the public has always suspected – Hakainde Hichilema is “virtually UPND’s life President”, I turned to Article 60 of the Zambian Constitution. The UPND Secretary General proudly informed the public of their *Article 70* as it appears in the party Constitution which states as follows:
*”A party President shall be eligible for election for an indefinite period subject to this Constitution provided that a Party President who is elected Republican President shall only serve two terms that shall run concurrently with the term of office as Republican President”.*
The question which however begs an answer is whether this is allowed under the current national law. It’s my intention to contribute to the debate and especially that political parties are adequately catered for under the 2016 Amended Constitution. The 2016 amended Constitution of the Republic of Zambia brings political parties under the ambit of national law. *I want to argue that they are no longer mere private clubs as the case used to be*.
Article 60 of the Republican Constitution makes it clear that intra-party democracy is a requirement under the law.
*Article 60 (2)* A political party shall—
*(a) promote the values and principles specified in this Constitution;*
(b) have a national character;
(c) promote and uphold national unity;
*(d) promote and practice democracy through regular, free and fair elections within the party*
It is my argument that Article 70 of the UPND Constitution is inconsistent with the Constitutional provisions and further refuses to promote the values and principles of the Republican Constitution. Unless Article 60 does not political parties accountable to the parent law.
Under Article 60 (2) (e) the Republican Constitution states that a political party shall: “respect the right of its members to participate in the affairs of the political party”
The UPND party Constitution creates a virtually “life Party President” as it disrespects the right for members to effectively participate in the affairs of the party, including aspiring for the party Presidency. This is because it generally gives an incumbent party president the right to indefinitely contest elections. There would in strict sense be nothing unconstitutional about such indefinite contesting although clearly retrogressive as such sham forms of democracies have been relegated to yesteryears and certainty have no support in our current constitutional order. Clear unconstitutional and undemocratic vices can be noted from the fact that having recourse to Article 70 of their party Constitution, the UPND have prevented the party from having regular intra-party elections (democracy). This is because HH has been unconstitutionally held-out as a “virtually life president” who can indefinitely avoid regular intra-party democracy instead of contesting at all.
Further, under Article 60 (3) (a) of the Republican Constitution, the Constitution makes it illegal for any political party to be founded on tribe, ethnicity, among others:
A political party shall not— (a) be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors
In the UPND, there is allegedly a Quota system which dictates that only a Tonga can be the president of the party. This probably explains why non-tongas such as Sakwiba Sikota who were rightfully entitled to succeed the late Anderson Mazoka were instead ousted from the party. If indeed such a Quota actually exists, then the UPND may be a party based on ethnic, tribal or other similar factors contrary to the provisions of the Republican Constitution.
Furthermore, the Opposition UPND should also pay attention to Article 60 (3) (b) on Violence and intimidation, including what they are doing to their Vice President Political Dr. Canicius Banda.
A political party shall not: “engage in or encourage violence or intimidate its members, supporters, opponents or other persons.
Further, Article 60 (2) (f) of the Repulican Constitution states that members of a political party have the right to seek redress before the Courts of law – respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party.
It is clear that the article 70 of the UPND party constitution and other practices of the party are inconsistent with the provisions of the Supreme law of the land.
Accordingly, *Article 1* which deals with the Supremacy of the Constitution of Zambia states as follows:
*1. (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.*
*(2) An act or omission that contravenes this Constitution is illegal.*
(3) This Constitution shall bind all persons in Zambia, State organs and State institutions.
In conclusion, it is important that for those members (with Locus Standi) victimised or disadvantaged under the UPND such as its Vice President for Politics Dr. Canicius Banda and others who to aspire to replace Mr. Hichilema can and must take the matter on the article 70 of their party Constitution to the High Court and any member of the party can and must move the Constitutional Court on matters arising from the Republican Constitution for interpretation. The Courts should be in a position to pronounce whether or not it was the intention of the law to place a democratic duty on political parties and yet articles such as 70 of the UPND continue to thrive!
Some people are after my life-Canisius Banda
Suspended UPND Vice President Canisius Banda has sensationally claimed that some people are planning to kill him after his fall out with the party.
Dr Banda revealed that some unknown people driving two unregistered Black GX V8 Land cruisers surrounded his younger brother at Chainama Bus Stop and pulled out guns asking him for directions to Dr Banda’s house.
Dr Banda said his younger brother was offered K15,000 if he gave them the tip but that he refused.
He has now appealed for protection from President Lungu.
“Somebody wants to kill me. Somebody wants to terminate my life. Tonight, at about 19:40 hours, something very sad happened…. two black GX V8 Landcruisers with no plates suddenly surrounded my younger brother who was in a Corolla. This was at Chainama Bus Stop. Eight men, all wearing black suits, came out of the vehicles,” Dr Banda wrote on his Facebook page.
“As the vehicles idled on the tarmac, all of them pulled out guns. ‘Tell us where Dr Canisius BANDA stays. We will give you fifteen thousand Kwacha if you do so.’ My brother refused. ‘…whether you tell us or not we will find him…’ one of them said as they got back into the cars and sped away.”
Dr Banda said the matter has since been reported to the police.
“Fellow citizens come to my rescue. Protect me. I have spent all my life protecting you. Today it is me, tomorrow it will be you. Things have now fallen apart. Pray for me. An attack on one is an attack on all of us…President Lungu see now what your country is coming to. I am a law abiding and diligent citizen, an exemplary patriot.”
“…I am somebody’s son….I am somebody’s brother.
…I am somebody’s father….I am somebody’s friend. …I am a medical doctor…. I am a public health specialist. …I am a columnist. …I am a teacher. …to some I am a national asset. …I am many things…. but most importantly, I am just an ordinary human being only trying to help another.”
He has now appealed for protection from President Lungu.
“I now appeal to you. Protect me. I am one of Zambia’s citizens. Secure my life, Mr President. That is your responsibility…. for now I kneel before my Maker. Father, what are you saying? Cover me with your blood… Amen.”
Zambia urges Landlocked Developing Countries to reform economies
Ministry of Foreign Affairs Permanent Secretary Ambassador Chalwe Lombe has urged Landlocked Developing Countries (LLDCs) continuously reform their economies to the dictates of times, taking into account transport-related obstacles, and improving the productive capacities.
According to a statemennt released to the media by Mr Chibaula D. Silwamba, Zambia’s First Secretary for Press and Public Relations Permanent Mission to the United Nations , Mr. Lombe said this when he addressed the Fifteenth Annual Ministerial Meeting of LLDCs Foreign Affairs Ministers, under the theme: “Harnessing Coherence in the implementation of the 2030 Agenda for Sustainable Development and the Vienna Platform of Action” on the sidelines of the High-Level Segment of the 71st Session of the United Nations General Assembly.
The Permanent Secretary globalisation had made the world markets more integrated, hence it was cardinal to harness coherence within LLDCs, at a regional, continental and global.
He called for implementation of policy measures that have a multidimensional approach to ‘landlockedness’ as a development challenge.
“We can do this by continuously reforming our economies to the dictates of times, taking into account transport-related obstacles, and improving the productive capacities as a key element of reform processes,” Mr. Lombe said. “This meeting is very critical because of its special focus on a topical theme in the UN Sustainable Development, which is;
Mr. Lombe said to achieve the 2030 Sustainable Development Goals (SDGS) and to implement the six priority areas in the Vienna Platform of Action, requires strengthened partnerships and collaboration amongst LLDCs, with transit countries and development partners. “Within the broad framework of development cooperation including through South-South Cooperation and Triangular Cooperation platforms as well as a mutually beneficial North-South Cooperation, the financial and technical support to LLDCs will enhance implementation of the Vienna Programme of Action priorities,” the Permanent Secretary said.
“We need to stress the critical role of the private sector in mobilising resources to complement public sector efforts in implementing projects in strategic sectors such infrastructure development, energy security, regional integration, industrialization and value addition which have a direct bearing on alleviating the challenges of landlockedness and consequently poverty reduction is key.”
Mr. Lombe said Zambia, through the five-year revised Sixth National Development Plan from 2011 to 2016, has continued to make progress in sustainable development, and was preparing the Seventh National Development Plan.
“Zambia in conjunction with other landlocked developing countries and transit countries in the sub-region has developed supportive institutional frameworks, such as transport and trade facilitation bodies or coordination committees, road funds and border facilities. We have simplified, streamlined and harmonized procedures leading to increased efficiency and fewer delays. Zambia has engaged neighboring Countries and has signed simplified trade agreements and Bilateral Transport Agreements with countries such as Angola, Botswana, Congo Democratic Republic, Namibia and Tanzania respectively in an effort to harmonise trade and transport policies,” Mr. Lombe said.
“Zambia has prioritised infrastructure development cutting across all sectors and is aims to transform into hub in the areas of Information Communication Technology, Power Generation and Distribution, Tourism and transport Facilitation, among others.”
Mr. Lombe said Zambia was part of the negotiations for the establishment of a continental free Trade Area which will create a bigger market of 650 million people.
“Diversifying the economy away from copper dependency is a key priority,” he said.
The Permanent Secretary said the Zambian Government recognizes the catalytic role of the private sector in bridging the resource gaps in financing development.
The Permanent Secretary also informed Foreign Affairs Ministers of LLDCs that Zambia successfully held the Presidential, parliamentary and local government elections on 11August, 2016, at which His Excellency Mr. Edgar Chagwa Lungu was re-elected as Zambia’s President.
Mr. Lombe informed the meeting that Honourable Harry Kalaba, was elected as Member of Parliament and retained as Minister of Foreign Affairs of Zambia but he could not attend the present LLDCs meeting due to other engagements.
Zambia is the chair of the LLDCs.
Banned Tujilijili resurface in the markets and streets in Chipata
Chipata Mayor Sinoya Mwale disclosed during his installation in Chipata on Monday that the plastic bottles come in from the neighbouring country and were smuggled into Zambia illegally adding that were sold anywhere on the streets of Chipata District which he described as unhealthy.
Mr Mwale said that the law in Zambia abolished trading in Tujilijili sold in plastic bottles.
He stated that whoever was trading in Tujilijili sold in plastic bottles was breaking the law.
The mayor has since given to traders upto two months to traders to stop doing so failure which he would instruct health department to enforce the law.
“It was scientifically proved that these spirits when exposed to the sun are harmful to our health therefore; do not blame anyone when you are visited by the law,”he said.
Mr Mwale said his first task was to ensure that the long awaited expectation of changing the classification of the district from a municipality to a city status was achieved.
He said the classification of the district to a city status would foster an improvement in infrastructure developments.
“A city will attract better investors with good investment programmes for our people. With what result, the creation of seriously sought for employment opportunities for our people,”he said.
He said there was need for strengthening the working relationship at places of work if the council was to achieve a meaningful, conducive and productive environment in the council offices.
He said today, workers spends too much time on Whatsup, facebook and playing computer games on the desktop or laptop computers during working hours.
Mr Mwale said the this culture must change adding that his presence in the council would inculcate in the officers irrespective of their rank and file a new culture of respect among workers.
He saluted the efforts of the Patriotic Front (PF) Government in the promotion of the agricultural sector.
He said his office was open for engagement on issues where the ministry of agriculture needs the cooperation.
He implored all stakeholders in the agriculture sector to work tirelessly in finding markets for the farmers.
The installation was graced by Eastern Province Minister Makebi Zulu.
28,000 grade 9 pupils in Astern Province register to write this year’s Computer Study exams
OVER 28,000 grade nine pupils in Eastern Province have registered to write this year’s Computer Study exams.
Eastern Province Education Officer Allan Lingambe has confirmed to Breeze News monitored in Chipata on Monday that the 28,500 grade nine pupils have registered while only 900 did not register to sit for the exams.
He said that challenges in computers were what have resulted in the 900 pupils deciding not to write the exams.
Dr Lingambe said that recently the Ministry of General Education held a meeting with head teachers where it was agreed that any school which has more than six computers should hold the exams.
He explained that there was so much excitement among pupils over computer studies and that this was why the ministry was making sure that those who registered write without being inconvenienced.
The provincial education officer reiterated that the Ministry of General Education does not expect to face similar challenges like those of last year, where lack of computers had pupils sitting for exams late into the night.
There is no legal requirements that stops anyone from visiting people in prisons-HH
Opposition leaders Hakainde Hichilema and his vice for Administration Geoffrey Bwalya Mwamba were on Tuesday denied access to visit over eight UPND incarcerated members currently detained at Kamfinsa Correctional Facility on aggravated robbery charges.
On Monday, Copperbelt Minister Bowman Lusambo was allowed time to see and chat with the UPND officials when he officiated at the 2016 Africa Correctional Day celebrations at Kamfinsa Correctional Facility.
But Kamfinsa Commanding officer in Charge James Nkoloma said according to instructions received, Mr Hichilema and his vice president must not be allowed to visit the arrested members.
Mr Nkoloma maintained that Mr. Hichilema and his entourage must return to Lusaka as they were not going to be given a chance to visit the arrested members.
He however stated that the UPND President must instead write to state house through the Home Affairs ministry seeking permission to visit his party incarcerated members.
Mr. Hichilema and his entourage arrived at Kamfinsa prisons at exactly 10 hours and were made to wait for unsuccessful clearance for over 3hours.
Mr Hichilema described the situation as unfortunate.
And addressing UPND members who had accompanied him, Mr Hichilema described the move as a total sign of dictatorship and infringement of human rights.
He wonders why President Edgar Lungu can begin putting restrictions for him and his vice president from visiting party members arrested.
The UPND President however called on the country to rise against such injustices.
He says it is uncalled for not to allow him and his vice president from visiting the arrested members when is it their right.
Mr. Hichilema disclosed that earlier in the week, his entourage was granted access to visit his arrested party members by the office of the Zambia prisons commission office.
“We made prior arrangements in Lusaka through the relevant government departments such as the Ministry of Home Affairs and the Zambia Prison Service to come and visit our incarcerated colleagues in the Copperbelt. We arrived at Kamfinsa Prison Correctional facility as guided and were well received by the officers here. But to our surprise, after peaceful waiting for 3 hours, the officers told us they have been instructed not to allow us to see our colleagues, and that we needed a permit,” Mr Hichilema said.
He said this is despite the fact that there is no legal requirements anywhere in Zambia or indeed in the world that stops anyone from visiting people in prisons, hospitals, and other unfortunate situations.
“Infact Zambia being a Christian nation, even the Bible says “Matthew 25:35-36 NIV, For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, [36] I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’”
Mr Hichilema said this is the sad state of affairs now in Zambia where our rights and freedoms are daily being restricted even to visit family members in prisons and other such unfortunate incidences.
“You keep detaining and maiming our people yet the friends and relatives are now not allowed to visit them,” he said.
Over eight UPND members among them, Provincial Chairman for Copperbelt Mr Elisha Matambo were arrested during elections after they intercepted a vehicle suspected to have been carrying pre marked ballot papers but were later slapped with a case of aggravated robbery.
Wedson happy with growing Zambia team spirit
Wedson Nyirenda says the home-based players are getting to grips with his philosophy as Zambia entered day two of preliminary training camp ahead of the October 9 clash against Nigeria.
Zambia kicked off their training camp in Ndola on Monday where they will host Nigeria in a 2018 FIFA World Cup Group B qualifier at Levy Mwanawasa Stadium in Ndola.
“I think they are doing fine. They are getting into shape but as usual when you are a new coach in a team some players maybe skeptical but I think things are shaping up and they are doing a good job,” Nyirenda said.
The team on Tuesday was joined by the Zesco United contingent minus striker Jackson Mwanza and midfielder Kondwani Mtonga who are expected to report on Wednesday after they were excused to attend to some family matters.
The Zesco players have reported for training after Wednesday’s away league game against Lusaka Tigers was cancelled.
Nyirenda has also made a late surprise call-up of Power Dynamos goalkeeper Allan Chibwe who was also part of Tuesday training at Levy Stadium.
Chibwe brings to five the number of Power players in the Zambia camp.
“We are trying to give everyone a chance to showcase their talent, and like I said earlier, we are doing two phases at one time; that is to prepare the team for the 2018 World Cup qualifiers, while we are also rebuilding the team,” Nyirenda said.
“We need to formulate and work hard to build a team that will stand the test of time.”
Zambia will break camp on Thursday and regroup on Sunday when the nine foreign-based players are expected to report for training camp.
Blades asks Barclays Cup quarterfinal moved moved to Copperbelt
Konkola Blades have requested that FAZ shifts their delayed Barclays Cup quarterfinal match against Zesco United from Lusaka to the Copperbelt.
Konkola and Zesco are scheduled to clash at Lusaka’s Nkoloma Stadium on Sunday.
This tie was supposed to be played as a doubleheader on the weekend of 17/18 September but the dates coincided with Zesco’s CAF Champions League match against Mamelodi Sundowns.
Konkola secretary Kennedy Chola confirms that his club has written to Football House regarding their proposal to have the game shifted to the Copperbelt.
“We have requested FAZ to consider bringing our Barclays Cup match against Zesco United to the Copperbelt,” Chota said.
“It would be good if this game could be played on the Copperbelt. As you know both Konkola Blades and Zesco United are from the Copperbelt,” he said.
Division One Zone Two side Konkola are in the quarterfinals of the Barclays Cup after eliminating Nampundwe at the preliminary stage.
Nkana, Zanaco and Power Dynamos have already advanced to the semifinals after winning their respective quarterfinal ties.
Dora pledges Agriculture boom in five years
Newly appointed Agriculture Minister Dora Siliya says she will work tirelessly to make the agriculture sector the mainstay of the Zambian economy in the next five years.
Ms. Siliya who was today sworn in President Edgar Lungu as Agriculture Minister stated that the sector has immense opportunity which needs to be exploited.
Ms. Siliya said a lot of promises were made during the campaign period especially regarding the agriculture sector and that now is the time to actualise the promises.
She said she will work towards growing the volume of agriculture exports to regional markets as a way of increasing foreign exchange earnings.
Ms. Siliya said one of her commitments during her tenure as Agriculture Minister will be to make the country food secure.
She said her Ministry will also invest heavily in research and development in order to maximise the country’s earnings from agriculture.
Ms. Siliya said most countries that have recorded significant agriculture development have invested heavily in research and development.
She said the Ministry of Agriculture will modernise and revamp all the existing agriculture training institutions in order to carry out extensive research in agriculture development.