Join our community of SUBSCRIBERS and be part of the conversation.
To subscribe, simply enter your email address on our website or click the subscribe button below. Don't worry, we respect your privacy and won't spam your inbox. Your information is safe with us.
Lusaka City Council Head OfficeAbout 33 Councillors for Lusaka City Council (LCC) have been sworn-in by Magistrate Betty Malupenga.
ZANIS reports that the 33 civic leaders comprising men and women took oath in the Council Chamber and pledged to defend the Republican constitution in the execution of their duties.
President Edgar Lungu’s daughter, Tasila who is PF Koloma Ward One Councillor and renowned comedian cum-politician Patrick Mwamba Salubusa were among the civic leaders sworn in.
The LCC is largely dominated by Councillors from the ruling PF while UPND’s Brighton Bilumba is the only opposition councillor.
Among the veteran councillors that got re-elected during the August 11 polls are Joseph Tamba, PF Lubwa Ward 15 Councillor Humphrey Kapapula and PF Mpulungu Ward 23’s Christopher Shakafuswa.
Magistrate Malupenga is optimistic that the Councillors would defend the constitution to the latter.
And LCC Town Clerk Alex Mwansa urged the Councillors to be transparent and above bold in the execution of their duties and ensure that they serve the interest of the electorates.
The Town Clerk implored the councillors to develop Lusaka City as it is faced with a lot of challenges among them waste management.
And in a separate interview, PF Mtendere Ward 30 Councillor Watson Mtonga pledged to upgrade the drainages and roads in his area.
Mr. Mtonga further pledged to engage the stakeholders in the area on various initiatives aimed at improving the livelihood of the people.
PF Mwembeshi Ward 27 Councillor Kelvin Kaunda vowed to end the illegal allocation of land and plots in Mwembeshi, George and Lilanda.
Meanwhile, PF sympathizer Essay Younus in a separate interview urged the newly elected councillors to work together and help improve the revenue base of the LCC.
Mr. Younus reminded the civic leaders that they are not masters but servants of the people who employed them.
The swearing-in ceremony was witnessed by Lusaka Mayor-elect Wilson Kalumba, Local Government and Housing officials, LCC Management officials, PF and UPND officials barely three days after President Edgar Lungu was inaugurated.
Permanent Secretary (PS) Edwidge Mutale
Government says it has introduced deliberate policies that will ensure that Gender inequality is reduced in all spheres of life.
Ministry of Gender Permanent Secretary Edwidge Mutale said her ministry has introduced projects that will lead to the attainment of Sustainable development goals dealing with gender inequality.
Ms Mutale told ZANIS in Lusaka today that, projects like the Agricultural development Value chain Enhancement project among others are aimed at empowering women and youths in the country economically.
She said agricultural inputs that her ministry has been distributing to women under the ADVANCE project throughout the country will ensure that women farmers drift away from tilling land using outdated methods of farming.
The permanent Secretary further added that the ministry of gender has targeted more than fourteen thousand girls throughout the country who should be taken back to school.
But Action Aid Zambia, has advised government to ensure that polices towards social protection and land rights are well implemented with the urgency they deserve if the country’s dream of achieving sustainable development goals on gender inequality can be realised.
Action Aid Country Director Nalucha Ziba said government urgently needs to improve policy readiness if it wants to have any chance of achieving SDGs on inequality.
Mrs Ziba noted that Zambia has very good policies towards gender inequality but that slow implementation of polices at all levels will hinder the attainment of the SDGs target.
22 people died while 48 passengers sustained injuries in an accident involving a Power Tools, Scania bus registration number ACR 6315 which was coming from Nakonde heading to Kitwe with 70 passengers on board.
The accident happened in the early hours of today, 16th September, 2016 at about 01 30 hours, 2 Km from Serenje turn off in Malekani area when the driver of the bus Baron Chibwe, 39 failed to negotiate a curve due to excessive speed.
Among the deceased, are 15 males, five females and one female juvenile.
Three officers, one from RATSA identified as David Manjulunji and two from Fire Brigade identified as Ernest Mulenga and Mubita Simasiku who were among the officers that were conducting a rescue operation at the scene of the accident died on the spot while six police officers sustained injuries after they were hit by a truck laden with bags of maize which failed to break as it approached the accident scene and the driver did not stop after the accident.
The truck had earlier hit into a RATSA toll truck which was packed at the scene of accident.
The total number of people who have died in both accidents is 25. 11 bodies of the deceased have been transported to Kabwe General Hospital mortuary, 12 are in Serenje General Hospital mortuary, one body has been identified and picked by relatives while the body of Mr Manjulunji has been transported to University Teaching Hospital Mortuary in Lusaka.
Investigations have been instituted to bring to book the driver of the truck who is currently on the run.
In a joint statement, Police Deputy Spokesperson Esther Mwaata Katongo and RTSA Spokesman Frederick Mubanga said the they are yet to propose to government to ban public transport vehicles from moving at night so as to avoid occurrences of such accidents.
On the scene of the road accidentThe Power Tools bus which over turnedScene of the Serenje accidentPassengers trapped inside the bus
Finance-Minister-Felix-Mutati-meeting-with-senior-management-staff-at-the-Ministry-of-FinanceFINANCE Minister Felix Mutati says there is need to transform the civil service from a consumption-oriented entity to a productive one in order to overcome the challenges the country is facing and that there is need for everyone to sacrifice to achieve this goal.
And Mr. Mutati said he will not relinquish his position as MMD president because his appointment to the ministry was purely to galvanize his expertise with others for the benefit of the country.
Speaking soon after being sworn-in by President Edgar Lungu at State House yesterday, Mr. Mutati said there was need for Zambians to sacrifice in order to overcome the economic challenges that lay ahead, saying there will be need for collective use of the expertise needed to address the challenges.
He said the pending International Monetary Fund (IMF) bailout plan was not the only option available to Zambia in its quest to stabilise the economy but urged Zambians to exercise endurance as the country moved toward economic emancipation, adding that he was confident that the country will overcome its challenges with hard work.
“Going forward, we need to do three things particularly for the civil service; we need to transform it from a service that focuses on consumption to a productive civil service. There is need for the mental change; the mind-set change. Our collective wisdom when summoned, nothing is impossible, not even the economy will be able to do that and lastly, we must be able to sacrifice.
“The journey is going to be painful and there will be need for endurance. The IMF is but just one option that we will have to deal with as we go forward and how we deal with that will depend on our collective wisdom, our collective talent.
‘‘I’m confident that Zambians will work and pull together to deal with whatever difficulties that lie ahead. Sacrifice calls for enduring up to the end in order to make progress,” Mr. Mutati said.
Mr. Mutati thanked President Lungu for showing confidence in him by appointing him to a sensitive ministry which was at the epicentre of economic development, saying he had demonstrated the need for the unity of purpose in his quest to develop the country.
“I am really humbled by the humility of the President to appoint me to a very challenging ministry, the ministry that is the heartbeat of the economy. The President has demonstrated once again his oneness, the ‘ubuntu spirit’. He has demonstrated that unity of purpose is the oxygen for progress and development and that national duty is more important than individual affiliations that we have,” he said.And Mr. Mutati said he will not relinquish his position as MMD president because his appointment to President Lungu’s Cabinet was purely to use his expertise for the benefit of the country.
“I will remain president of the party; I am here to serve the nation, to add my capabilities with others to solve the critical issues. With President Lungu, we discussed that matter and agreed that I will not abdicate my presidency,” he said.
Mbita ChitalaPROTESTATIONS and sectarian criticisms by veteran politician Vernon Mwaanga and other intellectuals in the diaspora, demonising the country’s leadership and Constitutional Court judges, are tantamount to insurrection in the country, former diplomat Mbita Chitala has warned.
Dr Chitala, who is a former ambassador to Libya, expressed gratitude that President Edgar Lungu had addressed some of the issues that tended to sow seeds of division in the country by announcing his intention to appoint a commission of inquiry to establish the cause of post-election violence.
He noted that he was alive to the ‘‘unfair and sectarian’’ criticisms that had been advanced by some intellectuals in the diaspora some of whom compared Zambia to a failed state.
Dr Chitala said he was saddened by remarks by Dr Mwaanga and Dr. Skecthley Sacika denouncing Constitutional Court judges in ‘‘a very unfair way’’.
“I am alive to the unfair and rather sectarian criticisms that have been advanced by some of our diaspora intellectuals who went so far as unfairly associating our country to a failed state. I am also alive to the lame protestations of two of our senior citizens, Dr. V.J. Mwaanga and Dr. Skecthley Sacika who demonized our Constitutional Court judges in a very unfair way. All these expressions including by one Larry Mweetwa, a Zambian working in the British army,” he said.
Dr Chitala charged that senior citizens were calling for insurrection in the country, adding that it was an unfortunate conduct as they were simply expressions of frustration and disappointment at the loss of their favoured political party.
He said the initiative by President Lungu to appoint a commission of inquiry to establish the cause of the post-election violence should be lauded and supported by all peace-loving Zambians.
Dr Chitala, who is also MMD founder member and political scientist, explained that one of the structural problems that contributed to disunity in the country was the current Constitution which, he said, was rushed and that it left too many loose ends.
He warned that the Constitution would continue to divide the nation and that there was need to quickly repeal it.
“Government must consider quickly repealing Article 101(4-7), 103(1-5), 104 (3-4) on presidential election petitions and Article 105(8-10) that requires the Speaker to act as President of the republic. Our submission is that our Government must consider reverting to the provisions of the Zambia Independence Order 1964, the Constitution of Zambia Cap 1, Chapter IV, Part 1, and Article 33(1) which provided for the election of the President in a multi-party, multi-ethnic dispensation.
‘‘Article 33(4)a-g of the 1964 Independence Constitution left to us by the British took into account the ethnic, religious and social characteristics of their former colonies,” he said.
More than two years Yvonne Mwale has worked on the twelve songs of her third solo album “Msimbi Wakuda” (Nsenga for “young black lady“). Recently, she went to the studio to finally record her compositions. The result is an album that is more honest, more profound and sophisticated than its predecessors, clearly dominated by acoustic sounds. On most tracks guitar, bass and percussion are dominating and proof how diverse Yvonne Mwales compositions are without ever losing touch with the African origin.
With her songs Yvonne Mwale wants to deliver a positive message. While on the previous albums Yvonne was often singing about experiences from her past, she now gives a positive look to the future, tells about a new period in her life or remembers beautiful experiences in her childhood that left a impression on her. Like in the song “Spiritual Heart“, which she dedicated to her grandmother. In her song she sings about the wisdom and life experience that old people can pass on to the younger generation. The track “Kuwingamo” however focuses on the many people that have to leave their homes because of conflicts and encourages the audience to live together peacefully. Soundwise, “Msimibi Wakuda” got closer to Yvonne’s African roots–but always with the desire to enrich the traditional music of Zambia with influences from other kinds of improvised music.
Yvonne Mwale was born in 1988 in Zambia and grew up mainly in the Eastern Province in the territory of Nsenga tribe. When she lost both parents, aged only 12, she lived some time on the streets and ended up in the capital city Lusaka. There, her musical talent was discovered. From her earnings as a singer of a popular band she rented her first house and was finally honoured at the national Music Awards as the “Best Upcoming Female Artist”. In 2010 she toured eight European countries and later was awarded at the Jahazi Jazz Festival (Zanzibar). Meanwhile, she is active internationally. Earlier this year she was on tour in Africa and played big festivals in Congo (DRC) and Rwanda. In Europe, among others festivals, she performed at Jazz & The City in Salzburg, Musig am Zurisee (CH), the Munich Tollwood Festival and headlined the KASUMAMA Festival in Austria. She is currently playing numerous concerts in Germany and neighboring countries to present her new album.
Yvonne Mwale is using her popularity for selected charity works such as being an ambassador for the campaign “Stop the Cut”, an initiative of Amref Flying Doctors in Austria.
Msimbi Wakuda will be available worldwide on iTunes, Amazon, Google Play and many more platforms starting from 30th September 2016. In many European countries, the album will be available as well in most record stores. Listen to the album sampler below.
Africa’s Overall Growth has slowed but New Research shows Long-Term Fundamentals are Strong and there are Big Business Opportunities ahead
Business spending is expected to grow from $2.6 trillion in 2015 to $3.5 trillion by 2025
ADDIS ABABA, Ethiopia, September 15, 2016/ — Six years ago when the McKinsey Global (www.McKinsey.com/mgi) Institute first looked in detail at Africa’s diverse economies, almost all of them were experiencing accelerating growth.The picture today is more mixed. MGI’s new report Lions on the move II: Realizing the potential of Africa’s economies finds that Africa’s economies’ growth paths have diverged.
Growth in the 11 economies accounting for 60 percent of African GDP—the continent’s oil exporters and the three countries involved in the Arab Spring (Egypt, Libya, and Tunisia)—slowed sharply. But the remaining economies generating 40 percent of African GDP accelerated their annual growth rate from 4.1 percent in 2000-10 to 4.4 percent in 2010-15. The overall outlook is positive, with the IMF projecting that Africa will be the world’s second-fastest-growing region in the period to 2020.
Four fundamentals are likely to underpin Africa’s economic growth
The fastest urbanization rate in the world. Over the next ten years, 187 million more Africans will live in cities—equivalent to half the US population today.
The biggest working-age population in the world of 1.1 billion in 2034—larger than in either China or India.
The largest reserves in the world of many key natural resources (e.g., 60 percent of the world’s unutilized but potentially available cropland, and the largest global reserves of vanadium, manganese, and many others).
The chance to leapfrog old technologies using mobile and digital (e.g., penetration of smartphones expected to hit 50 percent in 2020 vs. 18 percent in 2015).
Big opportunities lie ahead as consumer and business spending continue to grow
The new report identifies opportunities for growth in African economies.
Spending by consumers and businesses in Africa today totals $4 trillion. By 2025, the total could be $5.6 trillion.
Household consumption is expected to grow by 3.8 percent a year to 2025 to reach $2.1 trillion. Spending on discretionary items is likely to grow fastest, reflecting an expanding African consuming class. Just under half of all consumption growth in the period to 2025 will be in 75 cities.
Business spending is expected to grow from $2.6 trillion in 2015 to $3.5 trillion by 2025.
Africa has an opportunity to nearly double manufacturing output from $500 billion today to $930 billion in 2025. Africa’s economies are no longer a story about exporting commodities—but about tapping into vibrant domestic demand. Three-quarters of this potential could come from Africa-based companies meeting fast-growing demand within Africa. Today, Africa imports one-third of food, beverages, and similar processed goods it consumes. The other one-quarter of the growth could come from more exports.
Accelerated industrialization could lead to a step change in productivity and the creation of six million to 14 million stable jobs over the next ten years—making realizing this a priority for governments.
Acha Leke, a McKinsey senior partnerand report co-author, said:
Our new research shows how in coming years Africa will benefit from strong fundamentals including a young and growing population, the world’s fastest urbanization rate, and accelerating technological change. These will help drive rapid growth in consumer markets and business supply chains, and will offer opportunities to build large, profitable industrial and services companies. Tapping Africa’s consumer markets will require companies to have a detailed understanding of income, demographic, and category trends. Thriving in business markets will require businesses to offer products and develop sales forces able to target the relatively fragmented private sector. But what our research also shows is how much work needs to be done both by companies themselves and by Africa’s governments to translate opportunity into tangible economic benefits.
To make the most of the opportunities, Africa needs more large companies
MGI’s new database of corporate Africa—which we believe is the first of its kind—shows that the continent has 700 companies with revenues of more than $500 million, of which 400 companies have revenue of more than $1 billion. Africa’s large companies are growing faster and are generally more profitable than global peers.
However, Africa (excluding South Africa) has only 60 percent of the large firms one would expect if compared with other emerging regions. And average annual revenue of $2 billion is half that of the large firms in Brazil, India, Mexico, and Russia. No African-owned company is in the Fortune 500.
Africa’s top 100 companies have achieved success by developing strong positions at home, staying the course to build their businesses over decades, integrating what other companies would usually outsource, and investing in building and retaining talent. Further success is possible in six high-potential sectors with high growth, high profitability, and low consolidation: wholesale and retail, food and agri-processing, health care, financial services, light manufacturing, and construction.
Governments need to play a stronger role in unleashing renewed dynamism
Six priorities emerge from this research:
Mobilize more domestic resources, taking bold steps to mobilize more of its own funding to finance development
Aggressively diversify economies, encouraging growth in high-potential sectors in close cooperation with business, based on a clear understanding of their countries’ comparative advantages
Accelerate infrastructure development
Deepen regional integration
Create tomorrow’s talent, ensuring that educational and training systems build work-relevant skills, and that students are aware of, and encouraged to enter, these vocations and that the private sector builds on best practice
Ensure “healthy” urbanization, so that cities grow with the infrastructure required to make the biggest positive economic and social impact possible
Delivering on these six priorities will require the vision and determination to drive far-reaching reforms in many areas of public life—and capable public administration with the skill and commitment to implement such reforms.
About The McKinsey Global Institute:
The McKinsey Global Institute (MGI) (www.McKinsey.com/mgi), the business and economics research arm of McKinsey & Company, was established in 1990 to develop a deeper understanding of the evolving global economy. Our goal is to provide leaders in the commercial, public, and social sectors with the facts and insights on which to base management and policy decisions
The partners of McKinsey & Company fund MGI’s research; it is never commissioned by any business, government, or other institution.
The Lauder Institute at the University of Pennsylvania ranked MGI the Number One private sector think tank in the world in its 2015 Global Go To Think Tank Index.
For further information about MGI and to download all reports for free, please visit www.McKinsey.com/mgi
McKinsey & Company Africa:
With a presence in Africa of over 20 years, McKinsey & Company has offices in Ethiopia, Kenya, Morocco, Nigeria, South Africa and Angola. We shape strategy and strengthen operations for players in major industries, and help deliver better outcomes in education and health care, in over 40 African countries. McKinsey has delivered over 1400 projects across the African continent.
MUTATI, MULUSA, MUBUKWANU’ DO NOT QUALIFY TO BE NOMINATED MEMBERS OF PARLIAMENT
Perhaps owing to the key role played by MMD President Dr. Nevers Mumba in the Amended Constitution making process towards the early part of this year, we have been inundated with press queries for us to comment on the nomination and subsequent appointment of certain people to Ministerial positions by Mr. Edgar Chagwwa Lungu yesterday Thursday 15 September, 2016 at State House.
Here below, is our official position.
At the Press Conference held today 15th september, 2016 at State House during the continued announcement of members of the Cabinet, Mr. Lungu nominated the following persons as Members of Parliament and went on to appoint them to ministerial positions as follows: Felix Mutati (Minister of Finance), Lucky Mulusa (Minister for National Development, and Nathaniel Mubukwanu (Minister – Western Province).
Article 69 of the Laws of Zambia states:
Nominated Members of Parliament The President may nominate a person referred to in Article 68 (2)(b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly, (2) A person may be nominated Member of Parliament if the person qualifies to be elected as such under Article 70 (3) A person who was a candidate for election in the last preceeding general election or a subsequent by-election IS NOT ELIGIBLE TO BE NOMINATED AS MEMBER OF PARLIAMENT.
Zambians are all aware that Felix Mutati was a candidate as Member of Parliament for Lunte in the last preceeding general election held in 2011 and was MP in the recently dissolved National Assembly (2011-2016). Lucky Mulusa was also a candidate and won as MP for Solwezi Central in the last General election, 2011. His seat was petitioned which he lost in a subsequent by-election and Mr. Mubukwanu was an MP till dissoluton of Parliament in May this year.
As Commissioners of the CRC will recall, the purpose of this clause was to put an end to what had become a nuisance situation where the Party in government took advantage of its position of power, to weaken the opposition by enticing them to ‘cross the floor’ at will by offering them ministerial positions in government, thus contributing to bringing total chaos in the governance system and triggering endless and expensive by-elections. This weakened the ability of the opposition to offer checks and balances to the party in Government.
We call on Mr. Lungu to quickly reverse the appointments and for once do the right thing. Let him sit down somewhere quietly and go through the Amended Constitution, page by page with Dr. Simbyakula who presided over the enactment of the Amended Constitution and save the country from further embarrassment.
Therefore, as the appointments stand, they are against the provisions of the Amended Constitution and therefore illegal, null and void.
A Livingstone City Council(LCC) grader clearing garbage in Livingstone’s Maramba compoundTHE Livingstone City Council has laid off 200 casual workers claiming that the authority has no resources to maintain such a workforce, Public Relations Manager Emmanuel Sikanyika has said.
Mr Sikanyika said the local authority currently had no financial muscle to pay the affected workers.
In an interview in Livingstone, Mr Sikanyika said that the council had also decided to move in tandem with the new labour laws that sought to abolish casualisation.
“You may know that for a long time, we have been working with casual workers. I am sure you are also aware that we have had a challenge in terms of paying these people (causal workers) and now with the new labour law that has come into effect that abolishes casualisation.
“As a local authority, we needed to uphold that law and so we had to get rid of some of the casuals that we felt could be replaced by employees from division four,”Mr Sikanyika said.
Division one to three are employees employed under the Local Government Service Commission and division four are employees employed by the council and that’s the lowest grade.
He said Livingstone City Council had a total of 241 casual workers but would only be able to retain 41 from the total number.
“We had 241 casual workers all together who were spread in various departments.
“We are aware that the decision taken will have a negative effect on the lives of the laid off workers, who used to get an income from the council but the decision was just inevitable,” he said.
Mr Sikanyika however dispelled public assertions that the laying off of the causal workers would paralyse the operations of the local authority in the tourist capital of Zambia.
“The provision of quality service to the city of Livingstone in terms of keeping our city clean will not be affected,” he added.
Finance Minister Felix Mutati has assured members of his MMD faction that his appointment as Finance Minister does not mean that he has abandoned his followers.
Mr Mutati explained that his appointment comes as a result of the partnership which they went into with the PF during the recent elections in which his Party supported the candidature of PF presidential candidate Edgar Lungu.
He said politics should not just be about opposing the ruling Party as all the Parties who participated in the country’s elections have a common goal of serving the people and that it is not the first time that two parties are working together in Africa.
Mr Mutati further explained that the two parties have alot to learn from each and that their partnership is meant to benefit the masses in the country as they will drew from their experience of both parties being in government.
He said having been in power for 20years the MMD has alot that it can offer to the nation saying “we know as a Party we did not do everything right when in office but we did alot of things which were good to the nation including stabilizing the economy during a very difficult time which the PF can learn from us.”
He called on members not to despair as his appointment should bring renewed hope in the party because he has gone there to serve the nation in his capacity asPresident and that NEC Members will soon start visiting provinces to reorganize the party with a view of making it stronger.
He also said the party has gone in partnership with a stronger partner hence will try and learn some of the things that makes it stronger and help the party grow.
On more appointments from the Party Mr Mutati said his “Party had gone into partnership with a view of serving and not harvesting.”
Mr Mutati has been appointed as the new Finance Minister taking over from Alexander Chikwanda who served as the Minister during the first term of the PF government.
On providing checks and balances Mr Mutati said the partnership will provide checks and balances on both Parties because he will be in charge of the economy.
It is considered necessary that a democratic constitution must not only provide for democratic election of those to govern a country but it must also provide for the right to petition their election when there is evidence that the persons declared as the winners were not validly elected or the constitution or other laws were not adhered to.
This is what Article 101 (4) of the Zambian constitution is all about and United Party for National Development (UPND) relied upon it in petitioning the Constitutional Court to nullify the election of President Edgar Lungu, the Patriotic Front (PF) candidate who was declared president-elect, beating the UPND candidate, Hikainde Hichilema, in the last presidential elections. Hichilema charged that Lungu did not get the required 50 percent votes and that certain electoral provisions had been breached.
Clause (5) of the article provides that “The Constitutional Court shall hear the election petition filed in accordance with Clause (4) within fourteen days of the filing of the petition”. Clause (4) says a person may petition the court within seven days based on the grounds that the person was not validly elected or certain provisions of the constitution or laws governing elections had not been observed.
Upon hearing the petition the court is expected to (a) declare the election of the presidential candidate valid, or (b) nullify the election of the presidential candidate or (c) disqualify the presidential candidate from being a candidate in the second ballot.
However, upon examination of the grounds of petition, the Constitutional Court found no basis for nullifying the election of Lungu as declared by the Election Commission of Zambia.. The court refused to extend the hearing of its petition beyond the 14 days in order to receive additional evidence and witnesses from petitioners as this would have been in breach of the constitution.
Dissatisfied with this ruling the petitioners sought a court order to prevent the inauguration of Lungu as president until the High Court had heard its complaint about the conduct of the Constitutional Court judges.
Earlier there was an attempt to prevent Lungu from continuing to perform the functions of president as there was a petition against his election. They cited Article 104 (3) which states that “where an election petition is filed against the incumbent under Article 103 (1) or an election is nullified under Article 103 (3) (b) the Speaker shall perform the executive functions …”
Perhaps this was the basis of the speculations, denied by State House, that the Speaker had been asked to assume executive functions following the filing of the petition but before it has been heard and determined.
Further, the petitioners wondered how a president-elect could be inaugurated into office without an explicit declaration referred to under Article 101 (6)(a) that the candidate was validly elected.
Four main issues come to the fore: That Hichilema and his running mate, Godfrey Mwamba were within their rights under Article 101; that the Constitutional Court was bound by the constitution to make its decision within fourteen days of the petition being filled according to Article 101 (4); that its decisions, according to Articles 101 (7) and 103 (4), are final and that in accordance with Article 101 (6)(a) “The Constitutional Court may after hearing the petition declare the election of the presidential candidate valid”
Obviously, lawyers for the petitioners had their own interpretation of the constitutional provisions as did those of the respondents. In such situations, unless there is provision for appeal, the practice has always been to go by the court ruling, however loathsome.
There is no dispute about the constitutional right of the petitioners in presidential election. However, they have to provide all the evidence within the 14 day period within which the court must make a ruling.
What appears unclear is whether the election of a presidential candidate petitioned against is automatically valid when the petition fails or even when there are disputes about the court process.
The provisions of Articles 101 (6) and 103 (3) when read together with Clause (3) of Article 104 seem to be the cause for different interpretations. Article 104 (3) says, “where an election petition is filed against the incumbent under Article 103 (1) and 103 (3) (b), the Speaker shall perform the executive functions…”
The question is: Does the Speaker assume executive functions because there is a petition against the incumbent president’s election or only when the court has nullified his election?
Some lawyers assert that provisions of Article 104 (3) can only be invoked when the court has heard the petition and determined the matter, implying that the court must first nullify the election of an incumbent before the Speaker can assume executive functions. Article 104 (3) cannot, therefore, be read independently from the fulfilment of Article 101 (1) or 101 (3).
It could not have been the intention of the drafters or the legislators, it is argued, that the incumbent president who is the subject of a petition should step aside before the court makes a ruling. It would seem the intention was for the incumbent to step aside only when the court nullifies his election or he is disqualified to stand in the second ballot.
There are four situations when the Speaker may perform the executive functions of president – when the president dies or resigns, or due to physical or mental incapacity he is removed from office and the vice-president is for various reasons, including death or mental or physical incapacity not available to take over and when the incumbent president’s election is nullified or the president-elect is barred from contesting the second ballot after a successful petition.
On the other hand, the complaint regarding the conduct of Constitutional Court judges is viewed as a disguised appeal against their decision. The provisions of Articles 101 (7) and 103 (4) which categorically state that the ruling of the Constitution Court is final mean that there can be no appeal whether or not there is suspicion of professional incompetence or the judges misdirected themselves.
Those who thought the Chief Justice could refuse to swear in President Elect Lungu because of the ongoing legal wrangles needed to consider the context of Articles 128 concerning the jurisdiction of the Court and why the Chief Justice could not overrule or do anything that denigrates is decisions. Article 128 (1) categorically states, “… the Constitutional Court has original and final jurisdiction to hear … (c) a matter relating to the President or Vice-President or an election of the President … ” while Clause (4) states, “a decision of the Constitutional Court is not appealable to the Supreme Court”
It is said that for this reason the High Court was right not to entertain complaints about the conduct of the Constitutional Court judges and their decision not to extend the hearing of petition beyond the 14-day period because the matter brought before it concerned the election of a president – a matter exclusively for the Constitutional Court.
It is an accepted truism that the wording of a constitutional document should be clear and unambiguous. That there are varying interpretations of Article 104 (3) in relations to Articles 101(1) and 101 (3) seems to suggest ambiguities. For instance, is the Constitutional Court bound to make a declaration even when the constitution says it “may” instead of “shall” declare the president-elect validly elected or only when a petition fails? Further, does the constitution require an incumbent president who is subject of petition to relinquish his office before the court makes a ruling in a petition against him?
.
President Lungu speaking to Journalists before departure at KKIA
President Edgar Lungu on Thursday night left the country to attend the 71st session of the United Nations General Assembly (UNGA) which kicked off on Tuesday in New York City, USA.
President Lungu who left aboard a chartered plane is leading the Zambian delegation to the annual gathering which is this year focusing on migrants and refugees.
He said Zambia has a lot to teach the rest of the world about the importance of peace and handling the refugee crisis.
President Lungu told Journalists that if he gets a chance to address the gathering, he will use the opportunity to showcase Zambia’s impressive record of peace and hosting of refugees.
“It’s no longer about political diplomacy, we are now talking about economic diplomacy by mixing politics and the economy, obviously if you have peace then your economy is likely to grow. Stability is a product of peace and everything will follow through,” President Lungu said shortly before take-off around 21:00 Hours.
“Most of the things we will be discussing which is key to most countries is the refugee problem in Europe.
Zambia has been having this problem for years now and we know what it means to have peace and we know what it means to be a refugee. So I think for us we will be teaching them what it means to be at peace and the consequences which flow as a result of chaos,” he said.
“Most countries in Europe are trying to say, what do we do with the refugee problems in Europe but we have had this problem, all of us have grown with it. So that is where we are headed to.”
President Lungu said peace is paramount for any nation as it seeks economic development.
“When you talk of peace, it is paramount because without peace you cannot talk of economic stability, you cannot talk of any of these positives. So for us we are going to teach them now and I hope I will have the chance to speak to the refuge problems in Europe,” he said.
Asked on the overall be benefits of Zambia’s participation at the UN General Assembly, President Lungu said Zambia will show the world that it is possible to achieve democracy growth and peace.
“The overall benefits are that cleanliness is goodliness and it is contagious, so if Zambia shows that it can be at peace, we can have democratic elections and it will spread through to neighbouring countries and they will emulate us and the region will be safe and then we will have no refugees,” he stated.
“Refugees have an impact on the economy, that you know and as humanity we cannot ignore our friends who are suffering next door, so we would like to have democratic countries, vibrant, Zambia and the whole region and at the end of the day there is peace, there is stability and there is economic development for all, I think that is the essence of what we are going for,” President Lungu said.
The tentative agenda for the new session consists of 170 items focused on international peace and security, economic growth and sustainable development, disarmament, drug control, coordination of humanitarian assistance and other topics.
The UNGA will also host a high-level summit to address large movements of refugees and migrants, with the aim of bringing countries together behind a more humane and coordinated approach.
In a statement issued on its website, the U.N. said: “This is the first time the General Assembly has called for a summit at the Heads of State and Government level on large movements of refugees and migrants and it is a historic opportunity to come up with a blueprint for a better international response.”
“It is a watershed moment to strengthen governance of international migration and a unique opportunity for creating a more responsible, predictable system for responding to large movements of refugees and migrants,” the statement added.President Lungu flanked by his political adviser Kaizer Zulu departing for America
President Lungu greets service chiefs before leaving for the USA
Mamelodi Sundowns have arrived in Zambia ahead of Saturday’s 2016 CAF Champions League semifinal first leg match against Zesco United at Levy Mwanawasa Stadium in Ndola.
Sundowns landed at 13h40 on Thursday afternoon at Simon Mwansa Kapwepwe Airport on a chartered flight.
The team included Zambia number one goalkeeper Kennedy Mweene who was between the posts just 24 hours earlier in Sundowns’ 0-0 draw away at Maritzburg United.
Coach Pitso Mosimane said he was expecting an interesting debut competitive clash against Zesco .
Sundowns and Zesco’s last three meetings have all been in friendly matches that the South African champions have won.
“It is a different game totally. Friendly games don’t matter, this one is an official match,” Mosimane said.
“What matters more is coming here to try and get a result and hopefully score.”
Mosimane added that the best team will win and that he had great respect for what George Lwandamina has done for Zesco after guiding them them to their debut semifinal appearance in the competition.
“We respect Zesco, we respect their coach, he is a big coach, and a national team coach, and
they have a very good team,” Mosimane said.
“You cannot be lucky winning all your home games, they have reached the semifinals by winning all their home games except against Wydad Casablanca (1-1).
“We know who they are, we know very well the team we are playing against.”
The two sides will meet in the final leg on September 24 in Pretoria to decide who goes through to next month’s two-legged final.
The Carter Center is deeply concerned about key aspects of the 2016 Zambian electoral process in both the pre- and post-electoral period, especially the failure of Zambia’s institutions to provide a level playing field prior to election day and adequate due process to ensure a fair hearing and effective remedy for electoral petitions filed following the polls. Unfortunately, this represents a significant step backward for Zambia.
The Center’s limited election mission released a statement today highlighting some of its concerns. While it is difficult to quantify the precise impact of the flaws in the pre- and post-election periods, cumulatively these problems seriously undermine the integrity of Zambia’s electoral process and weaken public confidence in the country’s democratic institutions.
Overall, the 2016 elections represent a troubling departure from Zambia’s recent history of democratic governance. In this highly polarized and divisive environment, it is incumbent upon Zambia’s authorities and political leaders from all parties to play a constructive role to strengthen the country’s democratic institutions, lessen tensions, address divisions, and prevent post-electoral violence.
Pre-election Period and Election Day
The Center’s preliminary statement following the Aug. 11 elections noted that the pre-election campaign period was marred by the lack of a level playing field, including harassment of private media, the abuse of office by government ministers, and the application of the Public Order Act in ways that appeared to disadvantage the main opposition party, the United Party for National Development. The political and electoral environment was also characterized by heightened tensions between the ruling Patriotic Front and the opposition, and some instances of localized violence.
While the pre-election environment was significantly flawed, both Zambian citizen observers and multiple international observation missions reported that voting and counting processes were largely successful, with only relatively minor problems. Following an extended tabulation process, the Electoral Commission of Zambia announced the final results of the polls, which indicated that the ruling PF party candidate, President Edgar Lungu, had been elected with 50.35 percent of valid votes cast. His main competitor, Hakainde Hichilema, received 47.63 percent of the votes. Lungu’s vote total narrowly avoided a runoff election, which would have been required had no candidate received more than 50 percent of the valid votes. President Lungu was inaugurated on Sept. 13.
While the election commission inadequately managed public expectations regarding the vote tabulation, verification, and declaration processes, a parallel vote tabulation conducted by domestic observer Christian Churches Monitoring Group broadly affirmed that the official results were within a statistically credible range.
Post-election Petitions and Constitutional Court Decisions
Following the polls, the UPND lodged a petition with the newly formed Constitutional Court challenging the outcome of the presidential election. Although Zambia’s constitution requires the court to hear electoral petitions within 14 days of its filing, it is silent as to the timeframe in which the court is required to issue a ruling. The court failed to hear evidence on the merits of the petition and to rule on the validity of the election.
Much of the court’s deliberations were conducted in chambers, closed to the public. On Aug. 30, the court said that its calendar would be extended by five days, concluding on Sept. 8. However, it later reversed its position and required both sides to present their cases on Sept. 2, or calendar day 14. Opposition lawyers argued that there was insufficient time and withdrew from the case. The full court then stated that four additional days would be provided, two each for the sides to argue the merits. In a surprise ruling when it reconvened on Sept. 5, the court stated that its jurisdiction had ended at midnight on calendar day 14, and dismissed the UPND petition without hearing the case on its merits. The vote was three-two.
The end result of this decision is that the legal and judicial processes surrounding the presidential petitions failed to meet Zambia’s national and international obligations under the Zambian constitution, the African Charter for Human and People’s Rights, and the International Covenant on Civil and Political Rights to ensure due process, a fair hearing, and effective legal remedy.
On July 19, the Center deployed a limited election observation mission, focusing on the political and electoral environment of the campaign period; the legal framework; and electoral dispute-resolution mechanisms. The mission assessed the process based on Zambia’s national legal framework and international obligations for genuine democratic elections. The Center released its preliminary statement on Aug. 13. A final report will be released three months following the elections.
The Carter Center conducts election observation in accordance with the Declaration of Principles of International Election Observation and Code of Conduct for International Election Observation adopted at the United Nations in 2005.
With her songs Yvonne Mwale wants to deliver a positive message. While on the previous albums Yvonne was often singing about experiences from her past, she now gives a positive look to the future, tells about a new period in her life or remembers beautiful experiences in her childhood that left a impression on her. Like in the song “Spiritual Heart“, which she dedicated to her grandmother. In her song she sings about the wisdom and life experience that old people can pass on to the younger generation. The track “Kuwingamo” however focuses on the many people that have to leave their homes because of conflicts and encourages the audience to live together peacefully. Soundwise, “Msimibi Wakuda” got closer to Yvonne’s African roots–but always with the desire to enrich the traditional music of Zambia with influences from other kinds of improvised music.
