THE ELECTORAL Commission of Zambia (ECZ) is playing double standards when it refused to accept General Education Minister, John Phiri’s nomination papers because of being late when the same commission received and processed nomination papers from the opposition United Party for National Development candidate Cornelius Mweetwa who filed after the 15:00 hours deadline in Choma constituency.

This is Dr Phiri’s argument in a petition he has filed for the restoration of the court action in the Constitution Court against ECZ.

He has said while the matter in Choma was resolved administratively, his situation remained unchanged as his nomination papers for Lundazi Central constituency remained rejected.

Last week, Dr Phiri commenced legal action against the ECZ for refusing to receive and process his nomination papers for the Lundazi seat because he was out of time, but withdrew the law suit immediately after lodging it.

“That I commenced these proceedings in this matter and was persuaded by the fact that the matter would have been resolved administratively.

“That I am surprised the respondents have refused to review my situation administratively despite the assurance that once the matter is withdrawn, they will attend to it,” he said.

Dr Phiri explained that his rights were being violated and that he was being discriminated against because he was a Cabinet minister.

He explained that while the ECZ returning officer in Lundazi Central refused to accept and process his nomination papers, his colleague in Choma Central constituency reopened the nomination centre to allow the UPND candidate to file in and processed his papers.

Dr Phiri said the returning office in Lundazi was under instructions from the ECZ director who insisted that the centre should not reopen.

“That I am advised that the Electoral Commission of Zambia must act judiciously and fairly and that the rules must be applied equally to all the participants.

“That I am also to believe that if the returning officer in Choma Central was at liberty to reopen the nomination centre, then the Lundazi Central nomination returning officer equally should have been empowered to reopen the nomination centre,” he said.

He said ECZ returning officers should be at liberty to reopen the nomination centres to allow nominations to go on uninterrupted.

And Dr Phiri explained that there were serious confrontations between Patriotic Front (PF) cadres and supporters of independent candidates who had just resigned from the ruling party, to which he was advised by the returning officers that for security reasons, they would call him for his nomination.
He charged that he remained at the nomination centre from 15.00 hours to 22.00 hours but the returning officer insisted that he was late and so could neither receive nor process his nomination papers.

Dr Phiri in his petition has demanded that ECZ reverses its decision to reject his papers and process his nomination papers for the Lundazi until after the courts have decided on the matter.

In his earlier application, he challenged the constitutionality of the decision by the ECZ to reject his candidacy that it was unconstitutional, illegal and a violation of his rights as a Zambian citizen.

He submitted that the courts should order ECZ to receive and process his nomination papers to enable him contest the parliamentary seat.

Dr Phiri argued that his turning up late was because he was advised to allow time for other candidates to complete the nomination process before he could lodge in his papers.

He had explained that there was nothing in the Zambian Constitution or the Electoral Act that barred his lodging in of nomination papers after the 15:00 hours deadline.

He said there was no regulation on the time before which candidates could file in nominations and if there was, such regulation could not be superior to the provisions of the Republican Constitution.

Police in Milenge District of Luapula Province have arrested a secondary school teacher for raping a 16 year old grade ten pupil.

Luapula Province Commissioner of Police Hudson Namachila confirmed the development in Milenge today.

Mr. Namachila said officers apprehended and formally arrested Morgan Nyanga of Milenge Boarding Secondary School this morning for raping a minor.

He said Nyanga a mathematics teacher at the named school is alleged to have raped the minor on Sunday around 13: 00 hours in his house at Milenge Secondary School teachers’ compound.

Commissioner Namachila said Nyanga will be transferred to Samfya this afternoon where he will appear before the magistrate court.

Wilson Kalumba

WHO is Wilson Kalumba?
That is the question that is being asked, not just by the electorate in Lusaka, but also by some media personnel.

Simply put, those are the odds that the Patriotic Fronts (PF) candidate for Executive Mayor of the City of Lusaka faces – he lacks name recognition, and not among the general populace of Lusaka, but also among those working in the media who ideally you would expect to know him or have an idea of who he is.
So, is he riding on the PF’s popularity or the lack of it in Lusaka? It is difficult to tell.
However, the dynamics in this year’s elections have drastically changed from the way they were in 2011, when owing to the huge popularity of Michael Sata, anyone who was standing on the PF ticket, as long as it was in the party’s stronghold, was expected to win, sometimes with a landslide against any opponent regardless of the credentials on the table or ballot so to say.
Well, Mr Kalumba may not be so well-known to the electorate. But be that as it may, he possesses quite some experience in the banking sector spanning decades. A Moody’s Analytics certified corporate credit rating analyst, he is the chief executive officer of the country’s first rating credit agency.
In all fairness, the only element that will keep Mr Kalumba in the frame is the fact that he is standing on the PF ticket. If it was not for that, his chances of winning the mayoral election would have been as good as those of Kaweto Mwale and Martin Maisepe, two other Independent candidates in the race to be the city father.

Alfred Banda

Alfred Banda, who is standing on the United National Independence Party (UNIP) is a well-known political figure, atleast among those that have followed the fortunes or misfortunes of the former ruling party since it lost its elections to the Movement for Multi-Party Democracy (MMD) in 1991.
You will have to admire Reverend Banda’s passion, but beyond that, he will struggle to get that many votes, much the same way his party would struggle.
The question you would have to ask is: “What are they in it for?” Well, only them can answer that.

Cyril Muntanga

So much has been said about Edith Nawakwi revitalising the Forum for Democracy and Development (FDD) which was formed mainly by former MMD senior members who were opposed to late President Frederick Chiluba’s third term bid in 2001. That perception of Ms Nawakwi revitalising the FDD is mainly based on the January 20, 2015 elections in which she came out third, relegating Nevers Mumba of the MMD to fourth position.
But that third position came with about 15,000 votes. The winning candidate Edgar Lungu, had slightly over 800,000 votes.
Or to put it in more perspective, Chama Chakomboka, in the 1996 Presidential election, polled slightly over 40,000 votes. In other words, you can put together Ms Nawakwi’s votes together with those of Dr Mumba in the January 20, 2015 elections, and they would not be anywhere near those of Mr Chakomboka.
Therefore, Mr Cyril Muntanga, who is contesting the mayoral election on the FDD ticket for Lusaka, may have just over-estimated his chances of winning.
But then, this is a democracy, and everyone reserves the right to participate; the reason perhaps there are eight candidates for the mayoral position, which under the constitution, has to be voted for directly by the electorate.
The task for the mayor is enormous, perhaps more enormous than that facing some Members of Parliament since the Mayor will have to campaign and win in more than one constituency to stand a chance of being the city father.

Elias Mpondela

Elias Mpondela, an Independent candidate needs no introduction, having served for more than two decades as president of the Zambia Amateur Athletics Association (ZAAA), which in recent times, has become synonymous with organising the annual inter-Company relay than producing world beaters in athletics.
His stay at the helm of ZAAA has not been without controversy with former athletes led by former 400 metre hurdles world champion Samuel Matete calling on him to step down.
But he has clung on. What else does he want to do for athletics which he has not been able to do in the last 20 years? Only he knows!
But in fairness, it is not just ZAAA that he has been involved with; he can count others like National Housing Authority (NHA), Phoenix Contractors (Roads) and Shelter Afrique in Nairobi.
“As your Mayor, I will work tirelessly to improve the quality of life and living standards for all Lusaka residents regardless of their political, ethnic or religious affiliations. I will make and model Lusaka into a shining City for our country, the region and the world,” he said when announcing his mayoral candidature.
“I will harness all the diversity of this City and exploit the power of difference to trigger real change in all areas to make Lusaka one of the best Cities to be proud to live in, a city that will ensure happiness and a decent life for all Lusaka residents.”
Perhaps Matete and the likes of Carol Mokola may ask: “Is he going to use the same formula he has used for ZAAA to transform the City of Lusaka?”

Maureen Mwanawasa

Maureen Mwanawasa equally needs no introduction; after all, she is widow of the third president Levy Mwanawasa. Or if you want, she is the architect of the Maureen Mwanawasa Community Initiative (MMCI).
Perhaps the MMCI is a good starting point! Well, where is it by the way? Well, it died the moment she left State House.
Those that have closely followed Ms Mwanawasa say she has already harboured political ambitions. In fact, some say the move to take her husband’s body round the country when he died was meant to elicit sympathy and pave the way for her own political ambition.
Whatever the case, she brings very little to the table apart from the fact that she is former first lady.
She possesses no any other experience in public life.
Her take is that: “The role of the Mayor this time is executive and one has to be elected into office and for us as UPND, we want to make this office of Mayor to be about the people of Lusaka. We want to see change in the provision of water, the quality of roads and electricity provision and this will entail restructuring Lusaka and not displacing the people entirely as we have seen.”
Indeed, the position of mayor in the new constitution is executive, but the role of first lady is largely ceremonial, and as such, she may find it difficult to understand how local government works.

Fisho Mwale

That leaves former Lusaka mayor Fisho Mwale as the only one with the much needed local government experience to manage the affairs of the City of Lusaka.
Running as an Independent, it shows that he understands that the mayoral position under the new constitution cuts across party lines. In fact, the position of mayor requires one who is independent, directly answerable to the electorate of Lusaka and not the sponsoring party.
It is something the Yalelo Fishing Company executive director understands.
“I stand before you today to declare that I am standing for election for the position of Executive Mayor of Lusaka City. I further wish to state that I am standing as an Independent candidate with the maximum respect to all the political parties in Zambia. I believe strongly that the new position of executive mayor demands a person who is non-partisan and who will be directly answerable to the residents of the greater city of Lusaka,” Mr Mwale stated when announcing his intention to stand as mayor at a press briefing at the Anglican Cathedral of the Holy Cross.
“My vision is to have Lusaka be the most economically viable city of choice that will be providing its residents and visitors alike, a sustainable, safer, healthy living and sociable environment and business and employment opportunities.”

During his tenure as Lusaka Mayor between 1994 and 1998, Mr Mwale, who boats of international experience, saw the conceptualisation of Zambia’s first ever shopping mall at Manda Hill and the construction of Lusaka City Market.
Not surprisingly, his plan is to transform the city of Lusaka and place it in its rightful place as one of the most vibrant capital cities of Africa. This, he believes can be done through systematic planning.
“Lusaka is congested because of unplanned developments, if we have a systematic approach of planning, it is not going to be as congested as it is,” he said.
Lusaka can certainly do with some fresh air.

On Friday 27th May the Hon Mr Justice Coulson published his judgment on the jurisdiction hearing between 1,826 Zambian villagers and Vedanta and it’s Zambian subsidiary KCM which took place in April in London, finding in the villagers’ favour that their case demanding compensation for personal injury and loss of livelihood due to gross pollution could be heard in the UK.

The judgment KCM Coulson Judgment May 2016 is an indictment of KCM’s financial secrecy, historic dishonesty and attempts to pervert the course of justice, detailed in this article. To those of us experienced in legal cases against some of Vedanta’s Indian subsidiaries this does not come as a surprise but fits with the pattern of corruption and deception which Vedanta has become famous for.

This is a great victory in the preliminary stages of this major case against Vedanta and KCM for knowingly causing gross pollution from 2005 (just after they acquired KCM) to the present day. Our previous article details the shocking living conditions of thousands of villagers whose water sources have been chronically polluted causing sickness, poverty and even death. Video testimonies from some of the claimants and victims detail how people have ‘collapsed and died’ as a result of prolonged exposure to high levels of contaminants (as scientific papers attest).

The judgment exposes the secrecy and opaque nature of KCM, which, it reveals, has not filed any annual accounts in accordance with the Zambian Companies Act. Justice Coulson reports that the claimants’ lawyers had ‘searched for KCM’s accounts in Zambia, to very little avail’. Foil Vedanta has also been demanding that KCM’s annual reports and accounts are made public through our protests and reports since 2014.

poisoned water kafue placardThe reasons KCM might want to hide its financial position were also explored by the court and Justice Coulson refers to the case of Konkola Copper Mines Plc v U&M Mining Zambia Ltd heard in the London Court of Arbitration in 2014 in which Justice Eder found that KCM was close to bankruptcy and ‘may not be good for the money‘ (in that case $55 million owed to their contractor U&M). The case cited reports by Grant Thornton and the Auditor General of Zambia which sought to reconcile Vedanta boss Anil Agarwal’s private claims that KCM made $500 million per year, with KCM’s loss making claims in Zambia.

The reports found evidence of multiple tax evasion and capital flight devices used by Vedanta-KCM along with asset stripping and failure to invest any CAPEX as claimed. Alongside other evidence including ‘ministerial statements about the threat of insolvency, bankruptcy or receivership facing KCM and the existence of at least one debt of $30million which went unpaid‘ Justice Coulson concludes that:

‘I would be wrong to ignore the possibility that, if the litigation was conducted in Zambia, Vedanta/KCM could seek to strike it out, or if they lost at trial, Vedanta might put KCM into liquidation in order to avoid paying out to the claimants. The history of the U&M case demonstrates that these are possibilities which cannot be ignored.’

We have also warned Zambians of the distinct possibility that Vedanta may liquidate KCM, leaving an asset stripped resource, and huge liabilities including unpaid debts and the long term effects of pollution behind for the Zambian government to deal with.

The judgment also casts serious doubts on KCM’s honesty and the honesty of its witnesses noting that:

‘the U&M judges had rejected the evidence of Mr Pratap, KCM’s business controller and principal witness, as dishonest; and there was also a finding of dishonesty against Mr Ndulo, the senior legal counsel employed by KCM. This is of direct relevance to these applications because Mr Ndulo has provided statements for the purposes of the present applications.’

Justice Coulson also quotes a scathing ‘collection of criticisms’ by the three judges in the U&M case as evidence of KCM’s obstructive and dishonest approach:

Eder, Cooke and Teare JJ all found that, in that case, KCM had repeatedly acted in a dishonest and unjustified manner. Those findings are in uncharacteristically strong terms. The collective view of the judges was summarised by Teare J when he said of KCM that they were:

“…an entity which has employees willing to give untrue evidence, to cause unnecessary harm, to be obstructive of the arbitration process and to take untenable points with a view to delaying enforcement…a party willing to do all it can to prevent the other party from enforcing its legal rights.”

Further, Justice Coulson points to KCM’s attempts to delay and pervert course of justice in several cases, quoting Justice Musonda’s assertion in the 2011 High Court of Zambia case of Nyasulu and others verses KCM (the precursor to this UK pollution case) that KCM “was shielded from criminal prosecution by political connections and financial influence”, and notes the ‘rather baffling’ (to him) reversal of the damages awarded in 2011 damages when the appeal to that case was heard in the Supreme Court of Zambia in 2015. Foil Vedanta have also detailed evidence of corruption and miscarriage of justice in the Nyasulu and co water pollution case.

In the U&M case Justice Coulson notes KCM’s determination to delay proceedings and refuse to pay debtors despite their rightful claims:

‘there was a revealing statement in those proceedings by the executive director of the mine who said that, although KCM acknowledged that they had failed to pay sums that were due to the claimants in that case, they “would hold on to the money to the end of the dispute, which it would fight bitterly, no matter how long it took, including in Zambia where proceedings would take many years.”’

As a result Coulson highlights ‘the evidence that KCM will be likely to prolong the case if at all possible’ as a key reason why they should be trialled in the UK where attempts to pervert or delay justice will not be as available to them, or as effective.

The judgement also reveals Vedanta’s deceptive claims about their Corporate structure. While in their much heralded CSR report Embedding Sustainability they note that oversight of all Vedanta’s subsidiaries rests with the Board of Vedanta, and even mention issues with water quality in Zambia claiming that “we have a governance framework to ensure that surface and ground water do not get contaminated by our operations”, they argued in the London court that Vedanta (the only London registered aspect of the business) only have nineteen staff, eight of whom are Directors:

‘Vedanta are simply a holding company with very few staff and no mining expertise, whilst KCM is licensed to and operates the mine. They say that Vedanta had no knowledge of KCM’s systems of work and that Vedanta had no knowledge that KCM was relying on it to protect the claimants, because it was KCM who possessed the relevant expertise.’

Justice Coulson rightly points out that Vedanta is a very wealthy holding company which has profited millions annually from KCM and as a result should definitely be included in the claim.

He goes on to detail evidence that access to justice is very minimal in Zambia, noting the prohibitive dearth of lawyers and lack of legal aid, stressing that he does not wish to make a ‘colonial condescension’ but justifying the UK jurisdiction of the case in question. Bizarrely, to back up KCM’s assertion that the claimants would have access to justice in Zambia, KCM have themselves been looking for a lawyer for the victims, but the judgment notes that they have been unsuccessful as the only lawyer they could identify would not be able to undertake the case due to lack of expertise and standing, as well as his lack of will to fund the case himself.

Even James Nyasulu and co’s previous lawyer Mr Shepande is quoted saying that he only took on their pollution case at the Supreme Court appeal hearing “primarily because the claim was almost at an end and I was hopeful that I would be paid in full at the end of the case”. With this in mind it is perhaps not surprising that justice was not done.

James Nyasulu gave this reaction to the judgement:

“This judgment confirms my pleadings in our 2007 High Court case that KCM would use all the money and political influence at their disposal to stop any action against them. It brings shame on Zambia that our judiciary and legal profession have been more interested in making money from these multinationals than getting justice for poor Zambians who are left with poverty and pollution. Even the highest courts in Zambia are extremely corrupt as we have discovered when KCM’s own lawyer Albert Wood was appointed as a Judge in our Supreme Court hearing. It was only through written complaints on this conflict of interest that he was removed. No wonder most Zambians feel helpless in taking matters to court and believe that the poor will never be protected while the rich, despite any of their wrongdoings, will be. I salute Judge Coulson with all my heart for revealing the truth about our nine year fight for justice against KCM.”

A spokesperson for Foil Vedanta said:

“While it is very easy to put the blame of corruption in the Zambian legal system, we must not forget about the role that is played by World Bank, IMF and the Zambia EITI who never investigated KCM’s non existent accounts. There are a myriad of European funded initiatives such as the Norwegian Government funded Minerals Value Chain Monitoring Project which were supposed to bring transparency in the mining sector, while in Zambia British, Canadian and Swiss companies like Vedanta, First Quantum Minerals and Glencore are pillaging the country at an ever greater rate, sucking out their resources in an unequal colonial exchange.”

The judgment also gives some clues about the arguments Vedanta/KCM will be using in the following hearings. KCM is already making attempts to deny that the victims have documented landownership or rights over the land in question. As we know from multiple cases in India including the Niyamgiri case, denying the rights of long term occupants without proper documentation, or working with local government officials to disappear or deny land deeds is a well used tactic to prevent damage or resettlement claims against the company.

Vedanta have already announced to the press that they are considering appealing this jurisdiction judgement, validating Justice Coulson’s concerns that the case is likely to be protracted and obstructed by the company at every juncture.

The ruling Patriotic Front says it will take legal action against any outsider found wearing its regalia.

Patriotic Front National Elections Committee Chairperson Jean Kapata says the party would not take kindly to any one especially independent candidates found using its regalia.

Ms. Kapata said in an interview with ZANIS that it has come to the party’s attention that people who are contesting as independent are using the PF regalia even when they have resigned from the party.

She says those who have left the party after they were not adopted must refrain from using the PF regalia with immediate effect.

She cited areas like Kabwata in Lusaka, Kalulushi, Wusakile and Chibombo among other places as areas where the trend is high.

She says the PF Elections Committee has since written to the Electoral commission of Zambia to warn the individuals.

And Patriotic Front National Elections Committee Secretary Lazarus Chota says the Party in its adoption process could only pick one individual in each ward or constituency.

He says those who were not adopted could have remained to support the party in various ways other than leaving the party.

Public Private Drivers Association of Zambia (PPDAZ) president Josiah Majuru says the association is making headways in establishing provincial garages.

Mr Majuru disclosed in an interview with ZANIS in Lusaka yesterday that the association is currently identifying places were to set up the garages in the ten provinces.

He said once ideal locations are identified the association will embark on the ambitious project of set up garages in provincial centres.

Mr Majuru revealed that the first group of mechanics have been trained in handling Higer buses.

He expressed optimism that once the project is fully operational 2000 jobs will created in all the ten provinces.

Meanwhile, the association has said it will soon receive 73 Higer buses meant for empowering its members.

Mr Majuru disclosed that last month the association distributed 27 buses to its members under the bus empowerment scheme.

He said the bus empowerment scheme has been well received by its members as evidenced from the people wanting to be empowered by the association.

Mr Majuru narrated that at first people thought the association was dreaming when it embarked on the bus empowerment scheme for its members.

He said the distribution of the 27 buses has created demand among the doubting Thomas.

Mr Majuru said the association will continue to work closely with government in ensuring that the bus empowerment scheme thrives.

He has since appealed to communities where its members are operating with the Higer buses to support them.

Mr Majuru pointed out that supporting the beneficiaries of the Higer buses will enable them to pay the loans promptly.