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A former President and ECZ Essau Chulu helped Lungu Rig Elections-HH

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UPND President Hakainde Hichilema
UPND President Hakainde Hichilema

UPND President Hakainde Hichilema says President elect Edgar Lungu was willing to concede defeat on the Saturday following Thursday 11th August polls but that he was convinced by ” a certain former President and some few people surrounding him not to do so because they would help him rig the elections “.

Speaking at a media briefing Friday afternoon Mr Hichilema said UPND won the elections pants down but that the PF stole the people’s victory with the help of a former President and ECZ Chairperson Easu Chulu whom he said wanted a fellow tribes man to continue in State House.

He said the UPND will continue to fight for their victory saying more 1.8million voters voted for them and Edgar Lungu was willing to honorably concede defeat but that the ECZ through Essau Chulu, Priscilla Isaacs and one former President told him to hang on as they would fix the results for him which they apparently did.

He said his Party does not recognize Edgar Lungu as the President of Zambia further calling on citizens to fight for their victory.

He said as leaders they can only do so much and that citizens should not only stand by and watch their victory stolen but join the fight and redeem what is rightfully theirs.

He said UPND will continue to fight in the courts and will move to regional and international courts to protect the country but that citizens should now play their part.

Mr Hichilema described the Court process regarding the presidential petition as a circus of the century and a mockery of the judicial system of the country.

He said they are now not only politicians but Freedom Fighters as they are not only fighting for the democracy of the country but Freedom of citizens from the dictatorship of Edgar Lungu.

He said it is now time for citizens to pick up the fight and ensure that Edgar Lungu is not sworn in Tuesday next week.

And his Vice President for Politics Dr Cannius Banda said he should not be called a wolf in sheep’s clothing because he is one of the most hardworking members of the Party.

Speaking at a media briefing at Chainama hotel on Friday, Dr Banda said he should not be insulted because he has not committed any crime against the Party as purported by some media outlet which has insinuated that he is about to defect to PF.

“Don’t call me a wolf because I have not done anything wrong. How can I be a wolf when I work so hard for this party. Those people are liars, how can they call me a wolf when I am here today. They are lying that I am defecting to the PF that is false!” Dr Banda said.

Meanwhile his counterpart Geoffrey Bwalya Mwamba said accusations that Dr Banda would defect to the PF was one of the skims to distract people from real issues on the ground which was that of the presidential petition.

He refuted claims that he is agitating for a convention saying “We don’t want a convention because we already have a President in HH.”

He said no one in UPND is calling for a convention because the party was not short of leaders.

He also said he was not a political prostitute and that he only joins parties which fight for the voiceless in the country.

He said he can’t go back to the vomit of PF which he described as a bunch of liars who lied to the Zambians that they will end load-shedding, hunger and poverty in the country when just three days after elections load-shedding was back.

He said his Party would follow the correct channel of going to the courts to seek redress but that when it fails they would move to the “next stage”.

He also said If he needed contracts he would have been going to kneel for “ka Edgar” but that he was blessed with business senses adding that ” imagine how I would look kneeling for contracts kulii Ka Edgar with my big stomach.”

Others at the briefing were former MMD President Nevers Mumba, former Vice President Guy Scott and ADD President Charles Milupi.

ZAMBEEF SHAREHOLDERS PAVE THE WAY FOR CHICKEN DEAL

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chicken1

Zambeef Products shareholders have approved a deal that paves the way for the group to restore its Zamhatch and Zam Chick businesses to full Zambian ownership through a US$23 million cash buy-back of shares from a South African joint venture partner.
Meeting in Lusaka yesterday (September 8), shareholders agreed plans for the company to raise US$65 million in new capital in order to take full ownership of the subsidiaries, as well as further reduce its debt levels and fund capital investment plans. The transaction will also lessen Zambeef’s exposure to exchange rate fluctuations.
The Zamhatch hatchery and Zam Chick broiler divisions were set up as joint ventures between Zambeef and RCL Foods in 2013, with Zambeef holding 49 percent of Zamhatch and 51 percent of Zam Chick.
Under the agreement, RCL of South Africa had an option to sell its shares back to Zambeef for cash or Zambeef shares equivalent to US$14.25 million for RCL’s stake in Zam Chick and US$9.126 million for Zamhatch. The ‘put’ option is exercisable on or before September 23, 2016.
Zambeef has opted to pay for the Zamhatch shares in cash, which has been raised through the issue of new ordinary shares and convertible preference shares to the world’s oldest development finance institution, CDC Group Plc (CDC)
Under the transaction CDC is investing US$65 million in Zambeef: US$9.5 million in return for 52.6 million ordinary shares and US$55.5 million for 100 million convertible redeemable preference shares. The investment gives the institution a 17.5 percent stake in Zambeef, which is listed on the Lusaka and London stock exchanges.
“We thank all our shareholders for their continued support for Zambeef. It is a measure of CDC’s confidence in Zambeef, its management and business model that one of the world’s most well-respected and prudent investment houses has opted to invest in the company,” said Zambeef chairman Dr Jacob Mwanza.
The move is also in line with the strategic objectives set out in the company’s annual report to reduce gearing and focus on its core business of cold chain food processing and retailing, and will allow it to continue to roll out expansion of its distribution and retailing platform in Zambia and the region.
The National Pension Scheme Authority (NAPSA) – to which every employee and employer in the country contributes – is the single largest Zambian shareholder in Zambeef, owning some 25 million shares amounting to 10 percent of the company.

chicken

UPND now goes to the Constitutional Court the block the inauguration

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courtThe Constitutional Court has adjourned to Monday next week the interparte hearing of an application filed by the UPND to stay the inauguration of President-elect Edgar Lungu pending hearing of the main matter.

In its application which has been made on different grounds from the one filed before the High Court, the UPND is asking the Court to order that the swearing-in of President Lungu and vice president-elect Inonge Wina should not take place on Tuesday next week.

They contend that president Lungu cannot be sworn in when the Constitutional Court did not declare him as winner of the elections when it dismissed the petition.

But the matter could not takeoff when it came up for interparte hearing in chambers this morning before Judge Mungeni Mulenga.

This is because Chief Justice Irene Mambilima and her Deputy Mervin Mwanamwambwa had not been served with the bundle of documents of the application made by the UPND.

And in adjourning the hearing, Judge Mulenga ordered that both Justices Mambilima and Mwanamwambwa who have been sued in their individual capacities be served with the documents.

Judge Mulenga made the order despite Attorney General Likando Kalaluka having been already served with the bundle of documents.

12 illegal immigrant Ethiopians accident survivors transferred to Lusaka

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Immigration Officer
Immigration Officer
Twelve (12) of the Fourteen (14) Ethiopians who survived the fatal accident which occurred on 29th August, 2016 along the Mbala-Nakonde Road killing three (03) foreigners were on Wednesday, 7th September, 2016 transferred to Lusaka. This was done in conjunction with the Human Rights Commission of Zambia and the International Organization for Migration (IOM). The other two (02) are still admitted at Mbala General Hospital. Arrangements for their repatriation to Ethiopia are underway. Meanwhile, two (02) out of the three (03) bodies of the deceased were positively identified by the Ethiopian Officials and arrangements to have the remains repatriated to Ethiopians have reached an advanced stage.

This is according to a press statement released to the media by public relations officer Mr Namati Nshinka.

Meanwhile, the remaining 38 Ethiopians survivors of the tragic suspected human trafficking incident which occurred along the Peddicle Road, in which 19 Ethiopians died, were on Thursday, 8th September, 2016 repatriated to Ethiopia. This was done with the financial assistance of the International Organization for Migration (IOM) who earlier on also assisted with the repatriation of the first 38 victims. This means that all the 76 survivors have now been repatriated to Ethiopia.

The Department between Monday, 5th September, 2016 and Thursday, 9th September, 2016 arrested a total of Sixty Three (63) foreign nationals for various immigration offences. These include 7 Malawians in Chipata, 2 Congolese in Chingola, 1 Zimbabwean in Solwezi, 1 Congolese in Kafue, 1 Congolese in Lusaka, 1 Congolese in Kitwe and another Congolese in Chibombo, all arrested for unlawful stay. Twenty (22) Congolese in Kasumbalesa, 2 Congolese in Luanshya, 2 Tanzanian in Mpika and 1 Congolese in Mpulungu, were arrested for unlawful entry. Meanwhile, 10 Tanzanians and 2 Egyptians in Ndola, 3 Batswana and 1 Tanzanian in Kasumbalesa and 1 Chinese national in Lusaka, all arrested for trading without permits while 2 Zimbabweans in Lusaka were arrested for working without permits. Finally in Solwezi, 3 Rwandese Refugees were arrested for being found outside a refugee settlement without authority.

During the same period a total of Fifteen (15) foreign nationals were convicted by the Courts of Law. These include 3 Malawians in Lundazi convicted for unlawful entry. One was sentenced to pay a fine of K 6,000 or in default 1 year simple imprisonment, another to pay a fine of K7, 000 or in default 6 months simple imprisonment. The third person was sentenced to pay a fine of K 4,000 or in default 8 months simple imprisonment. Similarly, in Mokambo, 5 Congolese were convicted and sentenced to pay a fine of K 500 each or in default 4 months simple imprisonment for unlawful entry.

Meanwhile, in Kafue, 1 Congolese was convicted and sentenced to pay a fine of K 5,000 or in default 8 months simple imprisonment for unlawful stay. Similarly, in Senanga, 1 Angolan was convicted and sentenced to pay a fine of K 5,000 or in default 5 months simple imprisonment for a similar offence, while in Lusaka, a Ugandan national was convicted and sentenced to pay a fine of K 3,000 or in default 9 months simple imprisonment for unlawful presence. The Court also ordered that he be deported upon completion of the sentence.

In other development, in Solwezi, 1 Zimbabwean was convicted and sentenced to pay a fine of K 7,000 or in default 1 year simple imprisonment for unlawful stay. The same Court also convicted and sentenced 2 Rwandese nationals to pay a fine of K 2,500 each or in default 6 months simple imprisonment for trading without permits. Further, in Kafue, 1 South African was convicted and sentenced to pay a fine of K 5,000 or in default 8 months simple imprisonment for failing to comply with a notice to leave the country.

German’s Friedrich-Ebert-Stiftung congratulates Edgar Lungu

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EdgarLungu

The Friedrich-Ebert-Stiftung (FES) Zambia has said it is confident that President-Elect Edgar Chagwa Lungu’s leadership will steer the country to greater heights of Social, Economic and Political Development, following his re-election as Sixth President of the Republic of Zambia in the August 11, 2016 general election.

The foundation is also optimistic that President Lungu will continue building on major developmental projects to develop the country and for the benefit of the Zambian people.

In a congratulatory letter dated 6th September addressed to President Lungu, Resident Director Helmut Elischer assured of the foundation’s support to the Zambian government.

Mr Elischer called for further strengthening of the cooperation between the Patriotic Front Government and the Friedrich-Ebert-Stiftung in the spirit of Social Democracy and Social Justice.

‘’The Friedrich-Ebert-Stiftung is delighted to join the nation in congratulating you on your Re-election as President of the Republic of Zambia. We wish you success and good health in your undertakings.

The Friedrich-Ebert-Stiftung is the oldest political foundation in Germany Founded in 1925 as a political legacy of the first democratically elected German President, Friedrich-Ebert. The foundation in Zambia focuses on Social democracy (www.fes.zambia.org).

KCM extends financing to support Government Teachers conducting Adult Literacy

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KCM

Konkola Copper Mines (KCM) today announced an extended financing programme to support teachers from government schools conducting adult literacy classes in order to reinforce the Government’s plans to achieve education for all by 2030.

KCM has provided eighty thousand kwacha (K80,000) in the current financial year ending March 2017 to be used for paying allowances to teachers in six adult literacy centres which the company supports in Chililabombwe. Part of the funds will be used on educational materials for the learners.

KCM Manager Community Relations Brian Siatubi said KCM is proud that 400 adults, who are mainly market traders in Chililabombwe, have enrolled in this year’s adult literacy class.

He said over 20 of the adult learners who passed their 2015 grade 7 national examinations will have a chance to take a giant step in their efforts to complete high school study.

“The education will enable adult learners to have sufficient knowledge to access privileges like micro-financing. This should improve income at the household level thereby enhancing livelihoods,” Mr Siatubi added.

Coordinator for the adult literacy programme, Elizabeth Simuchimba, said the payment of allowances will motivate the teachers to execute the lessons as it would help to meet their transport costs.

“We have opened the sixth centre at Chililabombwe High School for a grade 8 class which started this month. We have also incorporated some grade nine adult learners who could not manage to pay school fees in regular classes,” she said.

Chililabombwe District Education Board Secretary (DEBS) Paul Mulenga said the programme would absorb adults who did not have a chance to pursue high school study.

Mr. Mulenga shared the ministry’s appreciation of KCM’s efforts, and applauded the opportunity for youth and adult dropouts to enhance their education.

Place of the Petition as a Mode of Enforcing Fundamental Rights under the Constitution of Zambia

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Bregedier General Godfrey Miyanda
Brigadier General Godfrey Miyanda

By Brig Gen Godfrey Miyanda

INTRODUCTION

I contend that the Petition that had been filed in the Constitutional Court of Zambia (CC) by UPND’s Hakainde Hichilema and Geoffrey Bwalya Mwamba remains undetermined. It is a well settled principle that there has to be finality to all litigation before a court of competent jurisdiction; finality in this context means final determination by the CC as to who won the last presidential election. The CC dismissed the Petition on 5th September 2016 without a hearing, the very day on which it declared that its jurisdiction had expired at midnight of 4th September!

The step taken by the two Petitioners in the High Court has received angry condemnation and objections. Some of the attacks go as follows: “sheer waste of time; focus on uniting the nation; HH is boring; High court is lower than CC and the Supreme Court so it cannot rehear the case; in the name of God stop dividing this Christian Nation; God will punish you evil man; let us move on drop the petition – Church”, etc, etc. Yes people, including the Church, are entitled to their opinions; but the invective is too much harassment of the two citizens by other citizens. I thus add my voice but in support of the Petitioners.

WHAT IS A PETITION?

Put simply a petition is a method accorded to a citizen to complain or formally lodge a grievance to an authority, usually to courts. In this Christian Nation another definition that should be easily understood is “a prayer” (as in a humble supplication). I wonder why the Petitioners in our Christian Nation are being subjected to such vitriolic attacks and hateful labels as evil men, bad losers, Satanists, when they are just pleading that their grievances be addressed in accordance with the Constitution!

THE RIGHT TO PETITION IN ZAMBIA

If I was to argue purely as a Christian I would declare that our rights come from God. But in this earthly world our rights are embedded in the belly of the Constitution of Zambia, the inviolable Supreme Law of the land.

The propaganda that the failed National Referendum means that we have no rights is false; we already have protected rights under Part Three of the Constitution, which was not affected by the amendments assented to by then President Lungu on 5th January 2016. Article 28 (1) of the Constitution of Zambia CAP 1 is the enforcement provision that grants all citizens, including HH and GBM the right to petition the High Court. Curiously this provision allows the Petitioner to allege even infringements in the future as follows: “….if any person alleges that any of the provisions of Articles 11 to 26 inclusive HAS BEEN, IS BEING OR IS LIKELY TO BE CONTRAVENED in relation to him, then, without prejudice…., that person may apply for redress to the High Court which shall (a) hear and determine any such application.”

It is clear from this provision that one does not need permission from anybody, not even from the Courts, to move the High Court to hear and determine his or her petition. All that is needed is to allege that his or her rights have been, are being or are likely to be infringed and provide the particulars. This step triggers the petition but obliges the Petitioner to provide credible evidence.

This right has been on our Statute Books since Independence. In the Zambia Independence Order, 1964 Schedule 2 to the Order the provision is cited as Article 20 and side-noted as ‘Provision to secure the protection of the law’. This right has subsequently been retained in the various Constitutional amendments since 1964 as article 18 but the wording remains the same. The two Petitioners are within their right to move the High Court to hear their prayers. They ought to be heard without let or hindrance from any quarter, not even from some of our compromised churches.

IS THE UPND PETITION JUSTIFIED?

The Petition is justified because, as stated, the earlier one was neither heard nor determined by the CC. I contend that NOT hearing and NOT determining the petition is a denial of the Petitioners’ right to petition. The principle is well stated by Holt, C.J. in an ancient case Ashby v White that states that “Indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal”. The Learned Authors of Halsbury’s Laws of England in Volume 10 at paragraph 716 state that “The General Rule is that wherever there exists a right recognised by law, there exists also a remedy for any infringement of such a right.”

CONCLUSION

On 3rd September 2016 I attended the Constitutional Court and witnessed the proceedings from about 0930 hours till 23.57, when the decision to extend days and hours of hearing was granted. I contend that the extension of time is an admission by the CC that they had not yet heard nor determined the Petition!

As things stand the Petitioners are still without a remedy as their petition has not been determined. Thus the jurisdiction to determine whether there is a breach of their fundamental rights properly lies with the High Court. The public condemnation is without merit. I conclude that in Zambia the Petition is the proper mode for investigating alleged breaches of Part III of the Constitution of Zambia CAP 1 and the High Court is the proper court to hear such a petition.

GODFREY MIYANDA,
BRIGADIER GENERAL,
A CONCERNED CITIZEN
[7TH SEPTEMBER 2016]

President Lungu should consider trying Brian Mushimba as Minister of Energy

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President Edgar Lungu Address Parliament
By Frazer Musonda Energy Engineering graduate from Linköping University

With the elections and the eventual petition now behind us, the onus is now on the Patriotic Front to translate the confidence the Zambian people have given them into a developed Zambia where everyone will be able to participate in the economy. President Lungu should be mindful in selecting a team that will help him deliver as this will be elemental for the success of his 5-year term. He shouldn’t feel obliged to reward people with ministerial positions at the expense of expertise and performance.

One of the challenges that Zambia has faced is a lack of investment in power generation infrastructure to match the ever increasing demand for electricity. On the petroleum side, we have for many years now paid extra on crude imports as a result of special feed to our old refinery. It is time will start intensive lobbying for a new modern refinery that will make our oil procurement cost effective and translate the corresponding cost reductions into low priced finished petroleum products thereby reducing the cost of doing business and putting more money into people’s pockets.

We need someone at the helm of the ministry of energy with matching expertise and vast experience in the energy sector. This will be a faster means of removing barriers that have constricted flow of the much needed investments in infrastructure for power generation and transmission as well as the upgrade of the INDENI refinery and TAZAMA pipeline.

In this light, President Lungu should consider the new Kankoyo member of parliament for the minister of Energy position. Hon. Brian Mushimba may be inexperienced in politics but is not new in the Energy industry. Moreover, it is more of experience and expertise that Zambia needs at the ministry of Energy than politics. The country stands to benefit a lot from the new Kankoyo legislator from his vast experience in the power sector in different countries and portfolios.

The complex nature of the energy problems we face both in electricity generation and the petroleum sectors requires a holistic approach in devising solutions. We do not need to isolate ourselves. We need more than ever before to engage regional players and leverage economies of scale in our quest to improve our generation capacity and lower pump prices for petroleum products.

For instance, investment in a complex refinery requires a corresponding big market to be economically feasible. We therefore need someone that can engage neighbouring countries as well as use the available regional bodies in striking deals for preferential trading both in finished products of oil and electricity, this way we will attract the much needed investment.

Hon Mushimba’s vast experience in the power sector in America, South Africa and Uganda has built him enough contacts and I believe this will help him apply a systems perspective in dealing with the challenges in our energy sector. He also brings fresh energy and zeal.

Frazer Musonda
Energy Engineering graduate from Linköping University

ConCourt Judges disrespected and disregarded the judicial principles laid down in Article 118 of the amended constitution

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FODEP Executive Director McDonald Chipenzi
McDonald Chipenzi
The Constitutional Court judges who handled the presidential petition has continued receiving a backlash with the latest condemnation coming in the form of former FODEP Executive Director McDonald Chipenzi who has described their conduct as the greatest embarrassment and an assault to the country’s enviable electoral Justice.

Mr Chipenzi said the judges disrespected and disregarded the judicial principles laid down in Article 118 of the amended constitution which are instructive on how the judiciary must treat the issues of justice in this country.

He said the move by some progressive citizens to lodge a complaint against the judges is justified and that it will promote promoting transparent and accountability in the judiciary and that JCA should deal with the complaint with urgency it deserves.

“The conduct and decision of the Constitutional Court Judges on the presidential petition is one of greatest embarrassment country has suffered in the recent past and further assaulted Zambia’s enviable electoral Justice.

“From the conduct of these judges, it was clear that they disrespected and disregarded the judicial principles laid down in Article 118 of the amended constitution which are instructive on how the judiciary must treat the issues of justice in this country.

“For this reason, some progressive minds and citizens have decided to lodge a complaint against the conduct of these constitutional court judges and the way they managed the entire the presidential petition to the Judicial Complaint Authority, which action is justified and a right step to promoting transparent and accountability in the judiciary,” he said.

He also called on the legislative arm of the government to scrutinize individuals it has ratified to administer justice in the country so that the nation does not suffer the same fate again.

“Ultimately, the buck stops with the National Assembly of Zambia which ratified these judges, who today, have caused so much public ridicule and embarrassment to the judiciary.
The National Assembly must seriously reflect on the behavior of some of the people it has ratified to administer justice in this country so that, in future, due diligence in the scrutinisation process is exercised devoid of partisanship to rid the country off such kind of embarrassment.

“The habit of ratifying people just because the head of state has recommended them for such positions and the use of arrogance of numbers in the National Assembly by sponsoring political parties to ratify such individual, unless stopped, will always cause serious embarrassment to and undermine justice in the country,” he said.

He added “being a final court on constitutional matters, the persons to occupy such positions at the constitutional court and expected to administer and dispense justice must be above partisan and sectional interests in order to dispense justice to all without discrimination or without using procedural technicalities to deny aggrieved parties.”

He has since described the management of the presidential petition by the constitutional court judges was a comedy of the century and which has lowered the integrity of the Judiciary in Zambia.

Israel move cheers Luchanga

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Chipolopolo youngster Conlyde Luchanga has described his move to Israeli club Hapoel Ra’anana as a stepping stone to his professional career abroad.

Striker Luchanga on Wednesday joined Ra’anana on a one-year loan deal from FAZ Super Division side Lusaka Dynamos.

Luchanga said he was happy to have clinched his first professional deal outside Zambia.

“First of all I just want say thank you to the Almighty God for his mercies that endures forever,” he said.

“I am so happy but this is just the beginning of my career as a professional. I just want to work extra hard and reach my destination,” Luchanga said.

Defender Emmanuel Mbola, youngster Ngosa Sunzu and striker Rodgers Kola are the other Zambians playing at Ra’anana.

Zambian Companies Clinch Deals Worth US$56,000 at Maputo Trade Fair.

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ZDA Public Relations Manager, Margaret Chimanse
ZDA Public Relations Manager, Margaret Chimanse

Zambia Development Agency (ZDA) Communications and PR Manager Margaret Chimanse has revealed that the Zambian companies that participated in the just ended Maputo International Trade Fair in Mozambique under the auspices of the ZDA managed to seal deals worth USD 56 thousand, reports pan African Radio journalist Hermit Hachilonde.

Ms. Chimanse said the Californian Beverages managed to clinch a confirmed order of USD 14 000 for assorted non alcoholic beverages while Seba Foods sealed an order worth USD 18, 000 to supply soya products.

She added that the two companies recorded UDS 26, 000 worth of unconfirmed orders for the supply of assorted soya products and nonalcoholic beverages.

And Ms. Chimanse also stated that two Micro, Small and Medium Enterprises Gramiraj investments and Melan cosmetics recorded USD 500 spot sales.

“Californian Beverages managed to clinch a confirmed order of USD 14 000 for assorted non alcoholic beverages while Seba Foods sealed an order worth 18, 000 to supply soya products” she said

Ty2 releases new video ” In Love Again “

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Ty2

Ty2 released the video for the song “In Love again”. The song features Chilu

BY KAPA187

There is low usage of condoms in the tourist capital-DATF

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condomsTHE District Aids Task Force (DATF) in Livingstone has bemoaned the low usage of condoms in the tourist capital.

DATF Livingstone chairperson Eugene Kamuti said the new HIV infections recorded in Livingstone gave an indication that there was low condom usage in the city.

According to the National Aids Council (NAC), the HIV prevalence rate for Livingstone currently stands at 25.3 percent.

Mr Kamuti an interview in Livingstone yesterday said that factors such as multiple concurrent partners and cultural barriers could be attributed to the low usage of the condom in Livingstone.

“The low condom usage in Livingstone, we can say it is really there because we are still seeing new HIV infections being recorded and this can be attributed to factors such as multiple concurrent partnership that have remained very common in Livingstone.

“The issue of cultural barriers because women are taught to be submissive to their husbands and as a result these women cannot choose to use condoms when their partners are not agreeable in marriage and still practice unsafe sex.

“We also have a lot of sex workers who are having unprotected sex with some married men and this puts the married women at risk if their men don’t use protection during sex and it is evident that there is actually new HIV infections being recorded in most of these marriages,”Mr Kamuti said.

He said there were challenges that his office had engaged different stakeholders in trying to intensify the distribution and usage of the contraceptive.

“Our stakeholders who are involved in HIV programmes are intensifying the interventions especially in areas to do with prevention like condom distribution, even getting to areas that are described as hot spots where we believe illicit sexual activities are going on to distribute condoms with an emphasis of them being used.

“If people of Livingstone don’t utilize the use of condoms, then as a city we will fail to attain zero HIV infection rate status because we will still continue having new infections and a lot of people to be put on Antiretroviral Therapy (ART).

Contact Trust Youth Association (CTYA) executive director Ronny Jere admitted that young people in Livingstone were not utilizing availability and usage of condoms.

“It is very true that young people in our city are not using condoms, the reason is simple, and we have deep rooted social cultural issues that need to be addressed before young people can start using condoms.

“Most young people have been raised to say that sex can only be enjoyed when one is not using a condom and to most young people view a condom as a foreign thing and I feel it will take a bit of some time for young people to begin to appreciate a condom and its usage,” he said.

Mr Jere called for more behavioral change programmes targeted at the youths in the tourist capital.

Zesco Vic Falls FC relishing Barclays Cup outing

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FAZ Division One Zone Four side Zesco Victoria Falls are relishing their debut appearance in the Barclays Cup.

The Livingstone outfit starts the 2016 Barclays Cup campaign on Sunday with a preliminary round tie against Kabwe Youth Academy at Sunset Stadium in Lusaka.

Club striker Watson Lukoba said Zesco Victoria Falls players are thrilled to participate in a cup competition.

“It is a big achievement for us players at Vic Falls to play in cup competition for the first time in our careers. It is actually a big achievement,” Lukoba said.

The striker said his club was looking forward to Sunday’s debut Barclays Cup match against Kabwe Academy.

“It is very important that we win the first game against Kabwe Academy if we have to go far in the competition,” the ex-Kitwe United and Mining Rangers striker said.

“We want to go as far as we can and if possible win the cup. But the most important things is to expose ourselves as players,” Lukoba said.

Zesco Victoria Falls are the leaders of the FAZ Division One Zone Four table.

Investigate the Three Constitutional Court Judges -Professor Michelo Hansungule

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Professor Michelo Hansungule
Professor Michelo Hansungule

By Professor Michelo Hansungule

What happened in our Constitutional Court earlier this week is spectacularly shocking. The three judges involved in this strange decision must personally be made accountable for what they did over the weekend and in Monday. In fact, PF handling of the presidential election petition since the petition started including refusal to have the necessary documents served on Edgar Lungu in his capacity as respondent has not only baffled many Zambians but friends of Zambians around the world.

How can a court, which in its Friday midnight decision unanimously decided to hear the petition on Monday and Tuesday, and respondents on Wednesday and Friday suddenly u-turn and instead announce that three of its members decided over the weekend to denounce the unanimous decision of the five member bench? This, to say the least, is unprecedented in the history of the Zambia. It has never happened and neither is it supported by law that judges who were part of a full bench can sit on a weekend without parties to the case and without some of their colleagues to change a decision they arrived at unanimously with their colleagues which decision was announced to the parties and as per practice to the rest of the world?

The only other case I remember where this happened is when now Chief Justice Chidyausiku of Zimbabwe, as acting judge of the High Court, sat on a Sunday to hear a complaint by parties who had lost their case against eviction from a farm land they had invaded. In that case, one of the evictees Murilo on behalf of his colleagues lodged an application before the High Court protesting the Supreme Court’s decision which decided in favour of the Zimbabwe Commercial Farmers Union seeking eviction of the land invaders from land of a Commercial Farmer’s Union member.

Acting High Court Justice Chidyausiku ‘overruled’ the Supreme Court and went ahead to set aside the apex Court’s unanimous judgment something which earned the ire of the Court and which was completely at odds with common law practice in the ommonwealth. But this is Zimbabwe and I for one never would have thought even in my widest of dreams that instead of teaching the death of the rule of law in Zimbabwe, a day will come when students of law will rather be using Zambia as an example of what Professor Muna Ndulo rightly calls a ‘failed state’. Needless to say immediately after this case, Chidyausiku was appointed Zimbabwe Chief Justice and the rest is history.

Though like many other Zambians I am shocked at the unprecedented development in Court today, somehow I could foresee it coming. I know Edgar Lungu personally unlike most of those who support and are ready to die for him. Just like my young brother HH, Edgar [is] or at least used to be my friend. I know for certain Edgar Lungu did not win the August 11 elections; he did not and he knows it himself. I have never doubted throughout that he will abuse all the state institutions including the CC to defy the will of the people and the rule of law in order to maintain power regardless.

Because he did not win he used the Electoral Commission to steal the vote. Because he knew what will come out if the petitioner was heard, he would not want the petitioner to be heard as guaranteed for him by the Constitution. If the petitioner had been heard, the result will have been exposed in the open for all to read, see and hear for themselves something which would have resulted in an immediate eviction of Edgar from the presidency he is already holding illegally. Therefore, Edgar made sure the case died in its track and this is what happened this morning in the CC. Had it proceeded, Petitioners were going to show Zambians how the vote particularly the Lusaka vote was blatantly rigged and Edgar knew petitioners had solid evidence with them to prove how this happened? They still have that evidence with them.

Clearly today’s CC developments constitute the Zambian Penal Code’s Section 112 obstruction and defeating the course of justice and must as a minimum immediately be investigated. Petitioner’s right to be heard was obstructed by no less an institution than the court itself, it can’t be. This must be investigated immediately by police to establish what happened and culprits taken to court. Only this will restore Zambia’s image now seriously damaged. Zambia police must quickly move in and institute investigations into apparently serious misadventure in court. It is not enough to refer the three judges concerned to the Judicial Complaints Authority which has no penal sanctions to enforce its recommendations/decisions. Besides, the morning’s developments are too serious to be referred to administration with only jurisdictions to recommend to the same authority who happens to be the beneficiary of the misadventure.

Meanwhile, the three judges who changed the unanimous decision over the weekend have no choice but to resign their positions immediately. Given this has never happened before and is quite unprecedented and even illegal for judges to sit on a weekend without parties or their colleagues and rescind a unanimously arrived at decision, they must take responsibility and resign.

That is the epitome of judicial irresponsibility! It is indecisive and a mockery of the court for it to ‘rescind’ it’s own decision without any of the parties making any such request and without giving parties a chance to make representations, and worse, without notice! It appears obvious that there was political interference and the split makes it even more suspicious. So on what basis did the three judges dismiss the petition if the parties didn’t even advance arguments? This is by far the most irresponsible way of handling an election petition on the continent. It will be hard for the court to regain its credibility after this disastrous precedent. I can’t even begin to contemplate the political consequences.

SADC and the African Union must quickly move in and suspend Zambia from their organs. What has happened in Zambia is not an election but clear unconstitutional change of government and the international community has an obligation to act to restore democracy and constitutional order. From the time Edgar Lungu refused to surrender power to the Speaker of Parliament in line with article 104 (3) of the Constitution, he seized power illegally against the wording of the constitution. Now, he has unilaterally barred the CC from hearing the petitioner in line with well-articulated principles insisting on an independent judiciary. All the instruments of the AU and the SADC as well as requisite UN instruments eloquently insist of a free and fair election including the right to complain.

Chief Justice Ireen Manbilima, her deputy Amusa Mwanamwaamwa and other judges have a duty to not be part of this shenanigan and keep away from any purported swearing of an illegal president who seizes power in this manner.