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President Edgar Lungu take Photo with Constitutional Court President and Judges (2nr) Constitutional Court President justice Hildah Chibomba, (r) Constitutional Court Judge Justice Mulenga Mugeni, (from left) Constitutional Court Judge Justice Mwewe Anne Sitali (l) Constitutional Court Judge Justice Enock Mulembe, and Constitutional Court Judge Palan Mulonda shortly after swearing in Ceremony of Constitutional Court Judges at State House
The Constitutional Court has ruled that Ministers and their Deputies are in office illegally following the dissolution of Parliament.
The Ministers and their Deputies have been ordered to pay back all the salaries and other allowances they illegally accrued.
The Constitutional Court delivered the land mark ruling shortly adding that President Edgar Lungu was wrong to maintain the Ministers in office after the dissolution of Parliament.
The court has further ruled that the PF ministers must vacate office with immediate effect and must repay back all the monies such as allowances and salaries they have been getting since Parliament was dissolved.
In June, the Constitutional Court has refused to grant the Law Association of Zambia (LAZ) an interlocutory injunction restraining Cabinet ministers and deputy ministers from continuing in office and receiving their emoluments.
In this case, LAZ had petitioned the Constitutional Court to declare that continued stay of ministers and deputy ministers in office after dissolution of Parliament is illegal and that they should pay back any monies they will be paid as a result.
The association had applied for an interim relief restraining the ministers from holding themselves as such or purporting to occupy the said offices.
And commenting on the latest ruling, UPND President Hakainde Hichilema said it is gratifying to note that the Constitutional court has ruled that the PF Ministers have been holding onto public offices illegally.
In a statement, Mr Hichilema said the action by the Ministers and their Deputies amounts to day light robbery by an outgoing government from the People.
Below is Mr Hichilema’s full statement
FOR IMMEDIATE RELEASE THE NEWS EDITOR 08/08/2016.
PF MINISTERS MUST PAY BACK WITHOUT FAIL.
It is gratifying to note that the Constitutional court has ruled that the PF Ministers have been holding onto public offices illegally.
However, we can only describe such an act by PF as day light robbery by an outgoing government from the People.
In the first place, we advised that it was illegal for any PF Minister to remain abusing public resources when the constitution does not allow to do so but as usual they declined.
We can only further describe such corrupt conduct by President Edgar Lungu and his ministers as theft.
In line with that, we demand that all the PF Ministers pay back what they have accumulated over their illegal stay in office with immediate effect and as ruled by constitutional court.
We have always been advising on cutting excessive government expenditures in order to channel resources to other needy sectors but President Edgar Lungu and his PF have been not so, a true reflection of a greedy Leadership.
This ruling however, also sends a signal that President Lungu and his ministers have no interest in serving Zambians but himself.
However, we would like to state that if they do not pay as ruled by the court, once in government we will ensure that they pay back because that is tax payers money.
We also call on the Zambians to vote out President Edgar Lungu and his ministers for stealing in day light.
We also want to reaffirm our commitment towards cutting down government expenditures once in government because by so doing needy sectors will be chartered for.
Our government, by God’s grace and courtesy of the People of Zambia, will focus on lowering the cost of living, creating better jobs, quality education and health among others.
This will be done through our vision for our Country which is a united, prosperous and equitable Zambia.
Midfielder Mwape Mwelwa will miss Zesco United’s 2016 CAF Champions League Group A penultimate clash away to Al Ahly this Friday.
Zesco depart for Cairo on Tuesday from Ndola.
Mwape is suspended for the match after receiving his second yellow on July 27 in Zesco’s 1-1 away draw against ASEC Mimosa of Cote d’ivoire in Abidjan following his initial caution in a 2-1 home win over Stade Malien on April 19.
However, midfielder Misheck Chaila is back after serving his suspension that saw him miss Zesco’s trip to ASEC while striker Idris Mbombo who missed the first leg meeting at home in Ndola against Al Ahly due to injury is in the travelling party.
Mbombo is Zesco’s top scorer in the Champions League with five goals.
Zesco beat Al Ahly 3-2 in the first leg meeting on June 18 at Levy Mwanawasa Stadium on match day one of the group round of games.
Zesco are 2nd in Group A level on 7 points with leaders Wydad Casablanca of Morocco whom they host in the final game on August 23 in Ndola.
Al Ahly, who are the record eight-time African champions, are 3rd on 4 points, level with bottom placed ASEC.
Team:
Goalkeepers: Jacob Banda, Lameck Nyangu
Defenders: Ben Banh, David Owino, Ayo Oluwafemi, Simon Silwimba, Dauti Musekwa, Bernard Mapili, Shemmy Mayembe
Midfielders: Anthony Agay, Misheck Chaila, Clatus Chama, Maybin Mwaba, John Chingandu, Kondwani Mtonga
Strikers: Jesse Were, Jackson Mwanza, Idris Mbombo, Lazarous Kambole
FAZ SUPER DIVISION
WEEK 21
05/08/2016
Forest Rangers 0- NAPSA Stars 0
06/08/2016
Mufulira Blackpool 0- Mufulira Wanderers 0
Green Eagles 0-Nakambala Leopards 1(Venecious Mapande 10’pen)
Jacob Ngulube(Nkana)5
Kennedy Mudenda (Power Dynamos):5
Martin Phiri(Power Dynamos):5
Ronald Chibwe (Forest):5
Felix Nyaende (Forest Rangers): 5
Jack Chirwa(Green Buffaloes):5
Kalaba Chikwanda (Nkwazi):4
Rahim Osumanu (Wanderers):4
Brian Mwila(Green Buffaloes):4
Aubrey Funga(Zanaco):4
Edward Mwamba (Nkwazi):4
Jacob Phiri(Kabwe Warriors):4
Roderick Kabwe (Zanaco):4
Isaac Chansa (Zanaco): 4
Simon Bwalya (Nkana):4
Ziyo Tembo (Zanaco):4
Meki Kabeya Mulume(Nchanga Rangers):4
Kennedy Musonda (Lusaka Dynamos):3
Claude Bwalya(Kabwe Warriors/Green Eagles): 3
Godfrey Ngwenya(Kabwe Warriors):3
Jackson Mwanza (Zesco):3
Cletus Chama (Zesco): 3
Martin Bwalya (Lusaka Tigers):3
Mathews Macha(Napsa Stars):3
Spencer Sautu(Green Eagles):3
Guily Manziba (Nkana):3
Christopher Katongo (Green Buffaloes):3
Joseph Kasongo (Wanderers):3
Patson Daka (Power Dynamos):3
Chief Observer Cecile Kyenge briefs the media about the deployment of the short-term observers
The European Union Election Observation Mission (EU EOM) has deployed 56 short-term observers (STOs) to reinforce its teams in the ten provinces of Zambia ahead of the 11 August elections.
The short-term observers joined the Mission’s long-term observers (LTOs) who have been in Zambia since mid-July, bringing the number of EU observers in the country to over 120.
The European Union Election Observation Mission (EU EOM) deployed 56 short-term observers (STOs) to reinforce its teams in the ten provinces of Zambia ahead of the 11 August elections.
The STOs arrived on 5 August, and were deployed after two days of training at the EU EOM headquarters in Lusaka.
They joined the Mission’s long-term observers (LTOs) who have been in Zambia since mid-July, bringing the number of EU observers in the country to over 120.
“Our team has been observing the electoral process for over a month now, but election day requires special attention-Chief Observer Cécile Kyenge said during the deployment of the observers on Monday. “This is why we deploy such a large number of short-term observers: to have more eyes in the field, to be able to follow election day in numerous polling stations, and to get a reliable picture about how voting, counting and tabulation has been conducted.”
On election day the observers will follow all election-related activities at various polling stations across the ten provinces.
They will observe the opening of polling stations, and will assess the electoral environment in which the election has been taking place.
They will observe the implementation of the voting procedures, including compliance with Zambian laws, and whether the right to vote and the right to a secret ballot are enjoyed in practice.
They will also pay attention to whether election officials act in a fair and impartial manner.
When voting is over, the observers will follow the counting of votes, keeping an eye on whether the votes are counted promptly, accurately and honestly. After the counting, the EU EOM will also follow the process of tabulation and the publication of the results, paying attention to whether there is a transparent, accurate and prompt transfer, tabulation and publication of results.
The more than 120 observers of the Mission comprises a Core Team of experts in Lusaka, the long-term and short-term observers, a delegation from the European Parliament, and a number of locally recruited observers from the diplomatic representations of EU member states accredited in Zambia.
All EU observers adhere to a Code of Conduct that requires them to maintain strict neutrality and impartiality in the course of their work. They are not allowed to interfere in the electoral process in any way: this means that while they may bring irregularities to the attention of the election officials, they are not allowed to give instructions or countermand decisions.
Chief Observer Cécile Kyenge will present the preliminary findings of the Mission at a press conference in Lusaka two days after the elections. A more detailed final report with recommendations for future elections will be published approximately two months later.Chief Observer Cecile Kyenge briefs the media about the deployment of the short-term observers
Chief Observer Cecile Kyenge briefs the media about the deployment of the short-term observersChief Observer Cecile Kyenge briefs the media about the deployment of the short-term observersChief Observer Cecile Kyenge briefs the media about the deployment of the short-term observersGroup photo of the EU EOM’s short-term observers, with Chief Observer Cecile Kyenge in the middle
Former Nigeria President Good luck Jonathan (L) stress out a point ,while Africa Union director in department of political Affairs Khabele Matlosa looks during Africa Union Election Observation Mission of 2016 general elections press briefing in LusakaTHE political and electoral environment in the country is calm and peaceful despite the incidents of violence reported in Lusaka and Namwala districts, the African Union Observer Mission (AUEOM) to the 2016 general elections said yesterday.
Head of the mission, former Nigerian President Goodluck Jonathan, said the intervention by the Electoral Commission of Zambia (ECZ) to suspend the election campaigns for 10 days helped reduce tension among the political contestants.
Mr Jonathan appealed to political party leaders not think only about their political ambitions but should endeavor to put the country first.
Mr Jonathan has implored all Zambians, particularly political parties and candidates, to continue exercising restraint by ensuring that the prevailing peaceful environment that has charactised much of the campaign period was maintained.
Speaking in Lusaka yesterday during a press conference on an assessment of the pre-election context, Mr Jonathan said the objective of the mission was to provide an independent, objective and impartial assessment of the preparations and conduct of the 2016 general elections.
He said the mission will also assess the extent to which the elections comply with the legal framework of Zambia as well as regional and continental principles for democratic elections, which Zambia has ratified.
He however said the AUEOM welcomed the important change to the Electoral Processes Act which states that the chairperson of the ECZ will now be the returning officer in presidential election, as previously there was an apparent conflict of interest where the Chief Justice was the returning officer and also responsible for swearing in the President and sit over the judgment in case of dispute.
He said the Electoral Commission Act empowers the ECZ to promote conditions conducive to democratic and open elections, promote democratic electoral processes and adjudicate disputes that may arise.
Mr Jonathan observed that despite the two incidents of violence, the mission noted that political parties were able to undertake their campaigns without major disruption.
Mr Jonathan said the AUEOM noted a number of complaints about the application of the Public Order Act by the police, which is said to be arbitrarily restricting freedom of assembly of opposition parties and civil society organizations.
Max and Group
Controversial Former Big Brother Africa Zambia Representative Max Chongo along with 13 other PF cadres are still languishing in Petauke remand prison after they were denied bail.
The cadres mostly from Lusaka on Thursday appeared before the Petauke Magistrate Court on charges of threatening violence but were not granted bail and July 17th 2016 was set as the date for mention.
This means that Max and his fellow cadres will remain remanded in prison until their next appearance in court which is seven days after voting day.
They were arrested in the early hours of Thursday after they attempted to attack the residence of Independence Petauke Constituency candidate Emmanuel Jay Jay Banda who is seen as Dora Siliya’s main rival in her re-election bid.
Investigates in Petauke have revealed that Max and his group were lodged at Parkans Lodge which is near Mr Banda’s residence.
On the night of the attack, the Independent Candidate had alerted police in the area about the police said they did not have fuel to come and police his house.
Hours later, just before Max and the group descended on his house, Mr Banda has managed to round up his supporters who came and offered protection.
Around midnight, Max led his group to Mr Banda’s residence and started shooting in the air to scare him out of the house but his group who were drunk were overpowered by Mr Banda’s supporters who managed to apprehend 13 while three escaped.
In the middle of the scuffle, Police arrived and a shoot-out ensued between Max and the police officers but he was defeated and arrested.
In the afternoon, the same Thursday, Max and the group appeared before the Petauke Magistrate Court but were denied bail and August 17 was set as the date for mention and August 22nd is the date for commencement of trial.
Attempts by Ms. Siliya to have the group released have been unsuccessful as Petauke Police and the Magistrate in the court are believed to have received strict orders from State House to ensure that the group is prosecuted because they caused the confusion on the day of President Edgar Lungu’s visit to the area.
And investigations in the area have shown that Ms. Siliya is facing a tough challenge from Mr Banda ahead of Thursdays’ election.
Most of the people interviewed in Petauke Central feel that the former MP has not done much to develop the area and that she becomes arrogant each time she is voted into power.
They have vowed to teach her a lesson by voting for an Independent candidate who is seen my many in the area as a people-person and humble.
,President Edgar Lungu
President Edgar Lungu says the opposition United Party for National Development (UPND) and its leader Hakainde Hichilema are known for losing every general and presidential election.
The President said opposition UPND leader Hakainde Hichilema has been losing elections since 2001 and stands no chance of winning the August polls.
Speaking on arrival at Mongu airport today, President Lungu appealed to PF members not to panic because the ruling party will emerge victorious on August 11 polls.
“Don’t panic my members. UPND is losing in this year’s election and you know the pain of losing” he said.
And President Lungu said the PF would become more attractive after the general election.
He hinted that new members and those that left it will
re-join the ruling party.
He further advised PF members to embrace ‘new’ members and desist from being provocative.
President Lungu observed that the opposition UPND leader Mr. Hichilema, his presidential running-mate and their followers are used to demonizing others in the political field.
The President said democracy is about co-existing and urged PF members to accept divergent views.
The Head of State encouraged both the PF and opposition political parties to campaign peacefully and be tolerant to each other because Zambia is founded on the One Zambia, One Nation motto.
President Lungu who is on a campaign trail in Western Province and is accompanied by First Lady Esther Lungu, PF Deputy Secretary General Mumbi Phiri, and other party and government officials.
He was received at Mongu airport by republican Vice President Inonge Wina, Western Province Minister Poniso Njeulu, Gender Deputy Minister Josephine Limata, PF Mongu Central aspiring Member of Parliament Joseph Mulyata and patriotic Zambians.
And PF Provincial Vice Chairman David Musinda assured President Lungu of 100 percent vote from Western province.
Mr. Musinda appealed to President Lungu to upgrade Mongu municipal council into a city council.
PF Presidential Running Mate, Vice President Inonge Wina speaking at a rally ahead of the August 11, 2016 Elections on arrival at Kaoma Airstrip in Western Province
VICE President Inonge Wina has urged people of Western Province to turn up in numbers to give President Edgar Lungu and the Patriotic Front (PF) a resounding vote in Thursday’s polls.
Ms Wina who was treated to a thunderous welcome by Kaoma residents on Sunday said it was only during the PF administration that Western Province had started to receive visible face lift the few years of its rule.
She told the jubilant crowd that at Kaoma Airstrip that unlike some opposition parties, President Lungu had prioritized developing areas that had lagged behind especially in rural setups.
The Vice-President made a similar plee when she held other two rallies in Lukulu and Mongu.
Ms Wina who was in Kaoma to drum up support for a PF candidate Austine Liato expressed happiness that the people had embraced the PF and Presedent Lungu more than ever because of the works seen.
“You should count yourselves lucky to have a President who has chosen me as his Vice because I will act as your bridge now, …we guaranteeing you development and empwerments though loans,” she said.
She said programs such as cassava production and processing were already on the PF’s poverty alleviation agenda such that in the next five years, economic diversification through agriculture would have more meaning.
She urged people of Kaoma to embrace agriculture as government was also looking at ways in which the timber industry in the province could be enhanced though value addition to the product.
Ms Wina later commissioned Kaoma nursing school which was former Kaoma district hospital.
The Vice President expressed delight at the initiative of rehabilitating the old hospital and turning it into a full nursing traning school.
“I would like you to prioritise enrollment of local people around this area and I am directing the Ministry of health to speed up the process,” she said.
Kaoma Nursing becomes the third medical training institution in Western Province after Mongu and Senanga training schools. Vice President Inonge Wina (l) meeting nurses during the official opening of Kaoma School of Nursing in Western Province
Vice President Inonge Wina (l) cutting the ribbon to officially open Kaoma School of Nursing in Western ProvinceWestern Province Medical Officer Dr. Andrew Sulumesii (l) leading Vice President Inonge Wina (r) to her sit during the commissioning of Kaoma School of Nursing in Western ProvincePF Presidential Running Mate, Vice President Inonge Wina (c) talking to Barotse Royal Establishment Indunas as PF Mangango Constituency aspiring candidate Robert Chiseke (in white hat) and Kaoma Central Constituency aspiring candidate Austin Liato (r) look on after a rally at Kaoma Airstrip in Western ProvincePeople at PF Presidential Running Mate, Vice President Inonge Wina’s rally ahead of the August 11, 2016 Elections on arrival at Kaoma Airstrip in Western ProvincePF Presidential Running Mate, Vice President Inonge Wina speaking at a rally ahead of the August 11, 2016 Elections on arrival at Kaoma Airstrip in Western Province
AMI Senior Adviser Wangethi Mwangi, Post Editor Fred M’membe, IPI Executive Board Chair John Yearwood and IPI Director of Advocacy Steven M. Ellis during a meeting in Lusaka, Zambia on July 14, 2016
The International Press Institute has released a report on its joint emergency press freedom mission to Zambia last month with the African Media Initiative (AMI) to examine government pressure on opposition newspaper The Post ahead of Aug. 11 elections.
The report finds that the ongoing seizure of the daily’s offices and printing press in Lusaka by revenue authorities, as well as continuing attempts to hinder its ability to continue publishing, appear to be part of a politically motivated attempt by President Edgar Lungu’s Patriotic Front party to silence a persistent critic in order to hold on to power.
The Zambia Revenue Authority (ZRA) says the seizure is intended to collect 53.9 million Kwacha the daily owes for allegedly unpaid VAT receipts and employee income tax remittances – an amount The Post disputes.
But the IPI/AMI report finds that “[t]he overwhelming pattern of government conduct… conclusively demonstrates that this case is not about the timely and proper collection of taxes.” Report author Steven M. Ellis, IPI’s director of advocacy and communications, warned that the case “could have an extremely negative impact on democracy in the region, insofar as other leaders might take note and seek to misuse state power to similar ends”.
For weeks, the ZRA has defied an order by Zambia’s Tax Appeals Tribunal to turn the seized premises over to The Post and to allow it to resume printing.
The Post continues to publish in secret, but those helping it to do so have faced harassment and intimidation.
IPI and the AMI called on the government to obey the order and end pressure on The Post.
The case is one of a number of troubling developments – including a rise in political violence and pressure on media – that have cast a shadow over Zambia’s reputation as a leader in respect for democracy and human rights in the region.
The IPI/AMI report follows a July 13-15 visit to Lusaka in which delegates from the groups met with representatives from government, the leading opposition party, The Post, the judiciary, civil society and the legal community, and foreign diplomatic missions.
SAY NO TO REFERENDUM IN DEFENCE OF GOOD GOVERNANCE AND CONSTITUTIONALISM IN ZAMBIA
[By Brig Gen Godfrey Miyanda – 5th August 2016]
I urge Zambians who value good governance and constitutionalism to vote NO in the Referendum on 11th August 2016. On 11th April 2016 I filed my Petition in the Constitutional Court (Cause Number 2016/CC/0006), challenging, inter alia, the combining of the National Referendum and the General Election. My prayer was that it be heard BEFORE the elections and I am still to learn when the Petition will be heard. But in the light of the one-sided aggressive promotion of the YES VOTE by President Lungu and his “Christians for Lungu” I must reiterate the other side of this contentious topic.
I emphasize that I am not opposing the Referendum nor the improvement of our Constitution and other laws but the timing, irregularity and politicisation of it for political gain. I am against the deceptive, dishonest, vote-catching scheme and the multi-dimensional questions hidden in the belly of the ECZ’s “one-answer” question (illustrated read below).
I appeal to concerned Zambians who value constitutionalism in Zambia to give me a hearing. I am aware that I all those opposing the Referendum are being labelled unpatriotic and Satanists as has become the pastime of some hate-mongering Christians; I do not care because what is at stake is the prevention of the continued official raping of the Constitution using uninformed and even illiterate citizens by those with an insatiable appetite for votes.
Some of my reasons for speaking out against President Lungu’s Referendum are: i. Betrayal of the people by the Law Association of Zambia (LAZ); ii. Poor leadership by the President who deliberately turned the Referendum into a partisan vote-catching stratagem; iii. Presenting a trick question that does not qualify as a Referendum Question; iv. The Census Imperative; v. A contradictory and incoherent Public Policy:
i.The U-turn by LAZ on the Referendum is a betrayal of the people of Zambia; worst of all their attempt to explain themselves is incoherent gibberish. LAZ ‘explained’ that they no longer were against the holding of the combined referendum and general election but then declared that they do not approve of the Referendum Question! Come on LAZ, this is Double Speak because the Referendum Question is the raison d’etre of the decision to hold a National Referendum! If you do not agree with it then you are saying you do not support the Referendum, and rightly so because there is no question to answer!
ii. Poor leadership by President Lungu (vis a vis Article 44 of the Constitution CAP 1) is depicted by his abrogation of his legal duty and obligation under the Referendum Act and turning the Referendum into a partisan PF stratagem for vote-catching. On or about 21st May 2016, during the live launch of the PF manifesto at the Independence Stadium, the President in tandem also launched the Referendum and revealed that he was going to VOTE YES and directed his audience to do likewise because “the PF Central Committee had so decided”! He repeated this same instruction on another live broadcast during the Africa Freedom Day at State House on 25th May 2016; and since then he has not relented and almost on a daily basis he has continued to insist that voters must vote yes but without explaining or discussing the actual Referendum Question. Literary the whole nation was listening to his address carried live nationally on radio and television. In spite of his abdication of his national duty and obligation the PF are condemning those promoting a contrary opinion, accusing them of ‘politicising’ the Referendum – what could be more politicisation of an issue than combining the launch of his political party’s manifesto with the launch of the non-partisan National Referendum? More Double Speak!
iii.The Referendum Question is really a deceptive electoral scheme consisting of “several questions disguised as one” (see the question below). LAZ was correct to reject the question but wrong, double wrong to support the Referendum!
iv.The Census Imperative: Conducting a census is a credible legal formula for establishing the mandatory 50 % mathematical threshold. By not holding a census before the Referendum scheduled for 11th August 2016 President Lungu has thrown away this credible formula for determining the said 50 percent threshold; it is my humble contention that holding a census should or must be a condition precedent to the holding of the referendum on 11th August 2016, for how will the 50 % threshold demanded by law be arrived at? The last national census was in 2010 and since then every minute that passes new voters have come of age. This Referendum is a fraud to say the least!
v.Public Policy: the Minister of Justice, Honourable Dr Ngosa Simbyakula, MP addressed the last Parliament in its final session last year, giving three grounds for opting for a National Referendum. The three grounds in sequence were a. The Cost Element; b. The decision to take the whole document (Constitutional Bill) to Parliament to determine non-contentious issues and c. To conduct a National Referendum. I quote verbatim the relevant parts of the Minister’s address, namely Ground Three of the three grounds:
“Mr Speaker I beg to move that the Bill be now read a second time….. To be successful, the Constitution development must involve all stakeholders, which leads me to the third ground.
Sir, admittedly, in the Patriotic Front Manifesto, we advocated for a referendum as the mode of adopting the Constitution. There is no doubt that the best manifestation of the expression of the will of the people on an issue is through a direct vote of all voters in a referendum. I repeat, on an issue. In other words, a referendum is the most democratic way of deciding single issues. For example, if we, here in Zambia, want to decide whether to maintain or abolish the death penalty, a referendum will provide the Zambian people with the most democratic and direct say in the matter. That will be the best expression of the will of the people on the death penalty.
Mr Speaker, similarly, on one hand, the Bill of Rights is one such issue on which the people can decide in a referendum. On the other hand, a Constitution is not a single issue, but a complex, multi-dimensional document consisting of a multitude of diverse issues. On reflection, we, like many Zambians, came to the realisation that on multi-dimensional issues like the Constitution, a referendum as a mode for decision-making, faces serious practical challenges.
Sir, the Draft Constitution before us consists of 322 clauses. Unless and until we can find a practical way of determining the will of the people on each of the clauses, a yes or no vote to the whole document cannot reflect the true will of the voter on the ground. It is not possible for a voter to agree on all the 322 clauses. To request the voter to say either, ‘yes’ or ‘no’ to a whole document when he/she may accept some clauses and reject others, places the voter in a serious dilemma. A yes or no vote on the whole document would not be a true reflection of the will of the people.
….we are of the view that we proceed with it and enact the non-contentious clauses in the Bill.
Hon Government Members: Hear, hear!” End of quote.
Now do you agree that this Referendum Question is a single issue question? I don’t because it is a multi-choice type of question that cannot reasonably attract only a yes or no answer as illustrated below. Now here is the actual Referendum Question published as a supplement to the Zambian Government Gazette dated 23rd May 2016 and quoted verbatim:
“Do you agree to the amendment to the Constitution to enhance the Bill of rights contained in Part III of the Constitution of Zambia and to repeal and replace Article 79 of the Constitution of Zambia”.
Please notice the duplicity in this question. This is a multi-dimensional question as defined by the Minister himself, with several questions hidden in its belly. Here is my surgical analysis of the “question/s”:
a. First Question, do you agree that the current Part III of the Bill of Rights, which contains at least 22 clauses, be amended? YES or NO?
b. If YES which of the clauses do you say YES to? And if NO which ones? [Of course this suggests that the 22 clauses should be listed as part of the multiple-choice Referendum Question!]
c. And then do you agree that Article 79 of the Constitution be removed and replaced? YES or NO?
d. Do you agree that the Constitution of Zambia (Amendment) Bill 2016, published in the Zambia Daily Mail, which is the proposed new Part III Bill of Rights and which contains at least 66 clauses, be amended as proposed? YES or NO?
e. If YES or NO which of the clauses do you say YES to and/or NO to? [Again the 66 clauses must be listed as part of the multiple-choice Referendum Question, giving a total of 88 clauses!]
How and why did the President classify this as a single issue question? This is official deceitfulness; and there is a real threat of the re-emergence of the One Party State as happened before. This deceit is a replay of the fiasco following the 1969 Referendum when a scheme was hatched which later led to the establishment of the “Chona Commission”, the harbinger of the One Party State. The pattern is the same: briefly, the complaining Zambians were told that if they wanted the Government to repossess land from absentee Land Lords (white farmers especially in Southern Province who had relocated to South Africa and other places), they should vote yes. Zambians voted yes en masse and gave the UNIP Government about 80 to 84 percent. But did they get the Promised Land? Instead of land they got the One Party State because power was given to the Government and Parliament to tamper with the Constitution.
Neither the President nor his Ministers and other PF supporters have explained or justified the complex Referendum Question – they are using deception: instead of land as before, today they are using ‘enhanced economic rights’ which is selling very well like the land promise!
The Referendum Question in its current form is not a single issue, but “a complex, multi-dimensional document consisting of a multitude of 88 diverse issues”! What reason do you have to vote YES to all of the 88 clauses instead of to those you agree with? It is a trick – so VOTE NO! A standalone Referendum can be held later after a proper multiparty consultation leading to consensus on the identified single issue, preceded by a census of eligible Zambians whose details shall be documented in the Census register, NOT projections.
There you are; commit hara-kiri but do not say you were not warned of the Writing on the Wall – ‘I have said my own’!
GODFREY MIYANDA, BRIGADIER GENERAL, CONCERNED ZAMBIAN [5TH AUGUST 2016]
VARIOUS electoral stakeholders in Livingstone have expressed happiness and satisfaction in the manner that the Electoral Commission of Zambia (ECZ) have engaged the ahead of this week’s General Elections.
They also pledged to conduct peace elections void of violence during and after the polls.
More than 500 representatives from political parties, police, polling agents, candidates, elections agents, monitors, media, Non Governmental organisations and Faith Based Organisations met in Livingstone on Saturday afternoon during a stakeholders meeting held at David Livingstone College of Education (DALICE).
Independent parliamentary candidate for Livingstone constituency Joram Mwinda said stakeholders were satisfied with the way the Electoral Commission of Zambia (ECZ) was engaging them ahead of elections.
Mr Mwinda waw hopeful that the elections would be peaceful, free and fair without any cases of electoral violence.
“As stakeholders, we are happy with the works done by ECZ so far, more especially with the local team led by the Town Clerk who have engaged and consulted us every step of the in this process.
“We are hopeful that the elections will be free and fair and Livingstone will continue being a shining example when it comes to holding of elections at any level,” Mr Mwinda said.
Addressing the stakeholders, Livingstone district electoral officer Vivian Chikoti said there was no room for mistakes in this year’s general elections and urged all partners in the electoral process to take a leading role in the whole exercise.
“In elections there are no small mistakes, if anything there should be no room for mistakes in these elections and that is the more reason why we have been engaging you our partners from the word go so that we make this process are transparent as possible without leaving any traces,”Ms Chikoti said.
Ms Chikoti, who is also Livingstone Town Clerk, said the briefing was meant to ensure that that everyone understood of what was required of them on 11 August during the general elections.
“We have brought together a diverse group from diverse backgrounds in order to ensure that all stakeholders in the city of Livingstone work together to deliver successful, peaceful and credible elections,” she said.
The district electoral officer called on political parties to fully educate their polling agents on the electoral code of conduct in order for them to effectively monitor and follow the proceedings.
Livingstone District Electoral officer Vivian Chikoti (left) and other electoral officers supervising the offloading of ballot papers and other election materials at the Civic Centre
GOVERNMENT through Tobacco Board of Zambia(TBZ) is this week expected to open market for all the independent tobacco farmers in Eastern Province.
Eastern Independent Tobacco Growers Association Chairperson James Nyirenda confirmed that yesterday Government through TBZ would this week finally start the buying process for all the remaining tobacco in the province.
He has thanked the Government for giving independent growers market, which they have been looking for since the opening of the marketing season.
Meanwhile,TBZ Board Chairperson Rhidah Mung’omba said TBZ would mop up all the crop that has been stuck due to lack of market in Eastern Province.
Mr Mung’omba said that farmers should not worry because their crop would be bought.
He said that TBZ was hopeful that by this week, all logistics would be in place so that farmers could sell their crop and concentrate on other things.
He stated that TBZ would not abandon farmers because they had put in a lot of effort to produce the cash crop.
Mr Mung’omba further explained that TBZ was putting in place measures to ensure that the issue of farmers getting stranded with the crop does not happen again.
He said that farmers need to ensure that they register with Eastern Fodya Association of Zambia (EFAZ) for the next farming season.
Livingstone Town Clerk Vivian Chikoti (middle), PEN Zambia Secretary Daniel Sikazwe (left) and Livingstone Press Club president Brian Hatyoka (right) planting mango trees on the island of Musitunya Road in Livingstone
LIVINGSTONE Town Clerk Vivian Chikoti has called for concerted efforts from all stakeholders in Zambia’s Tourist Capital to participate in cleaning and greening the City to make it more attractive to tourists and other visitors.
Ms Chikoti said the Livingstone City Council alone could not manage to make the City more attractive and hence it was important for the community and other stakeholders to participate.
She was Livingstone was a very hot place in the hot season and so it was prudent to plant more trees in the City to provide fresh air and shelter to visitors.
Ms Chikoti was speaking in Livingstone on Saturday when officiated at the planting of mango trees exercise on the island of Musitunya Road.
The tree planting exercise was hosted by the Livingstone Press Club in partnership with PEN Zambia.
Ms Chikoti, who also planted a mango tree, said the issue of cleaning and greening the environment could not be overemphasised.
“As a local authority, we have been cleaning the City and this is why it is cleaner compared to most parts of Zambia.
“I am very happy that PEN Zambia and Livingstone Press Club have partnered to plant trees in the city and I wish to appeal to other stakeholders and members of the community to suppliment the council’s efforts in greening the City,” Ms Chikoti said.
She said it was possible for the local authority to be drawing water from the nearby Zambezi River to water the trees.
She urged PEN Zambia, which is an association for writers as well as editors and language translators, to seek more ways of collaborating with the local authority.
PEN Zambia Secretary Daniel Sikazwe appealed to all citizens in Zambia to take keen interest beautifying their surrounding environment.
Mr Sikazwe said his organisation was happy to partner with the Livingstone Press Club to plant trees in the City.
“We believe that every citizen must respect nature because our survival is incomplete without nature,” he said.
Livingstone Press Club Secretary General Brian Hatyoka, who is also Times Printpak Livingstone Bureau Chief, urged journalists to participate in tree planting so that they write from a well informed position.
DJ Black Coffee will be performing at Misty Jazz Restaurant and Cafe in Lusaka on 9th September at 20hrs. The event is sponsored by South African Airways, Carling Blue Lable, DSTV and Mojo. Supporting DJ’S will include Sebstian Dutch and Zien Bassflexx
Black Coffee (born Nkosinathi Maphumulo on 11 March 1976) is a South African multi-award winning record producer and DJ. He began his career around 1995 and has released five albums and a live DVD under his Johannesberg-based record label, Soulistic Music. He is arguably the most prominent electronic music producer in Africa.Black Coffee had his big break shortly after being chosen as a participant in the 2004 Red Bull Music Academy held in Cape Town. In September 2015, he won the “Breakthrough DJ Of The Year” award at the DJ Awards in Ibiza,a few weeks after the release of his fifth studio album,Pieces Of Me.
In 2016, he performed at Coachella Valley Music and Arts Festival and Ultra Music Festival. Also in 2016, Black Coffee collected the award for the Best International Act: Africa at the BET Awards 2016, the first South African to do so.
An Electoral Commission of Zambia truck carrying ballot papers for Livingstone reversing at the Civic Centre in the tourist capital as various stakeholders watchBALLOT papers and other election materials arrived in Livingstone yesterday midday amidst tight State Security.
Representatives of political parties, independent candidates, monitors and other stakeholders embraced each other as they received the election materials around 12:34 hours.
The materials were later removed from the Electoral Commission of Zambia (ECZ) truck which was also carrying similar materials for Katombola Constituency in Kazungula District.
They were later taken to Livingstone District Electoral Officer Vivian Chikoti ‘ s office where they inspected by various stakeholders.
The meterials would be guarded by State Police every day and night until the voting day on August 11, 2016.
Ms Chikoti, who is also Livingstone Town Clerk, told the various stakeholders that the ballot boxes and other electoral materials would be safely guarded by the police daily before voting while representatives of political parties would also be allowed to inspect the the materials.
Earlier, some representatives of political parties demand to join the Police in guarding the materials daily before voting but Ms Chikoti said she had not been given instructions to that effect.
UNIP public rally at Mpezeni park square in Chipata yesterday.Party presidential hopeful Tilyenji Kaunda address the meeting.
UNITED National Independence Party (UNIP) president Tilyenji Kaunda has said his government will reintroduce free education from grades one to university level.
Mr Kaunda said at a public rally held at Mpezeni Park square in Chipata yesterday that his party would ensure that free education was reintroduce once it forms government on Thursday.
He said he was serious to empower the people of Zambia with free education in order to enhance development in the country.
“I am very serious on this matter. I am going to reintroduce free education from grades one to university,”he said.
He said UNIP was the party that was not telling lies to people but the truth.
Mr Kaunda pledged to empower the farmers with free farming inputs thereby slashing all the requirements which farmers were being asked to contribute.
He said his government is going to give free fertiliser and seeds to small scale farmers for the next five years.
Mr Kaunda said his government would give free health care to the Zambian citizens.
He said his government is going to give an empowerment to youth and women.
He said his government is going to give a living allowance of K200 per child to unemployed single mother’s up to the maximum of four children.
Mr Kaunda said his government would further give a living allowance of K200 for the aged from K65 years upwards and the disabled.
He said party was committed to adopt chiefdoms as centres for development as well as establish an industry for every natural resources as part of creating wealth and jobs for all citizens.
Mr Kaunda said his would also ensure that various companies were opened for the benefit of the majority Zambians.
And Eastern Province UNIP Teddy Banda said the former ruling party was still strong in the province.
UNIP public rally at Mpezeni park square in Chipata yesterday.Party presidential hopeful Tilyenji Kaunda address the meeting.UNIP public rally at Mpezeni park square in Chipata yesterday.Party presidential hopeful Tilyenji Kaunda address the meeting.UNIP public rally at Mpezeni park square in Chipata yesterday.Party presidential hopeful Tilyenji Kaunda address the meeting.
