Join our community of SUBSCRIBERS and be part of the conversation.
To subscribe, simply enter your email address on our website or click the subscribe button below. Don't worry, we respect your privacy and won't spam your inbox. Your information is safe with us.
Government has announced that it has opened an Account with ZANACO where members of the public can contribute towards the construction of an Interdenominational church to be known as the House of Prayer for all Nations Tabernacle.
In a statement, Secretary to the Cabinet Dr Ronald Msiska said in Lusaka that the Account will be domiciled in Lusaka and that those willing to contribute towards the construction of the Tabernacle can deposit the money in Account Number 1996712300387.
Dr Msiska said the opening of the Account follows the laying of the Foundation Stone and Groundbreaking Ceremony of the House of Prayer for All Nations Tabernacle by President Edgar Lungu.
He has since appealed to the public, the private sector and other stakeholders to support Government in constructing the Interdenominational Tabernacle by contributing towards the cause.
Dr Msiska said the construction of the Interdenominational Tabernacle reaffirms Government’s commitment to upholding the declaration of Zambia as a Christian Nation as enshrined in the Republican Constitution.
House of Prayer for all Nations Tabernacle will be situated in the Woodlands Forest Reserve land along Burma Road in Lusaka.
THE Parliamentary committee on legal affairs, governance, human rights, gender matters and child affairs yesterday expressed disappointment with the opposition United Party for National Development (UPND) for failing to appear before it.
The committee which is headed by Choma Central Member of Parliament (MP) Cornelius Mweetwa, has been receiving views from various stakeholders on the Constitutional Amendment Bill and concludes its work today.
Mufumbwe MP Steven Masumba, who is a member of the committee, said it is disheartening that the UPND has shunned the sittings when the opposition party has been calling for a people-driven constitution.
“I wish to commend UNIP for coming. Some parties like UPND and PF did not appear before us despite being invited,” Mr Masumba said.
And speaking in an interview at Parliament, Mpongwe MP Gabriel Namulambe said the PF did not need to appear before the committee because it is the PF government that took the Bill to government.
“This is a PF paper through Government,. so PF did not need to be here,” Mr Namulambe said.
And making a submission to the committee, UNIP deputy national secretary Alfred Banda said the country’s oldest political party is committed to seeing a new constitution that will stand the test of time.
Mr Banda said UNIP is in agreement with almost all the clauses in the draft constitution.
General Education Minister John Phiri says the ICT examinations that were written by grade nine pupils will not be part of the requirement for selection to grade 10.
Dr Phiri says the ministry will only grade pupils on the best six subjects that they have written.
And Dr Phiri says it is unfortunate that pupils were examined on computers until the next morning because of limited equipment and load shedding.
He said the ministry has resolved to let computer exams run for three days to allow pupils to write exams in a conducive environment.
Dr. Phiri however, maintained that computer studies remain a compulsory subject but will not be graded until the ministry shows direction.
The Minister disclosed that the ministry will award computers to 300 schools once the 2016 budget is approved as a way to improving the pupil’s access to computers.
He further said that the ministry wants to accord over 2000 teachers an in-house training service to build their capacity in computers.
Finance Minister Alexander ChikwandaFinance Minister Alexander Chikwanda
The Zambian and German Governments have signed two bilateral agreements for Financial and Technical cooperation worthy approximately 120.5 million Euros.
The two agreements comprise commitments of 94 million Euros for financial cooperation and 26.5 million Euros for technical cooperation.
Forty million Euros will go towards concessional financing for the rehabilitation and extension of the Chishimba Fall Hydro Power Station.
Speaking during the signing ceremony in Lusaka today, Finance Minister Alexander Chikwanda thanked the Germany government for the support rendered to Zambia.
Mr. Chikwanda says the signed bilateral agreements are timely and will help substantially to fill some resource gaps.
He notes that currently Zambia has significant challenges in its economy principally due to the external induced shocks arising from the global economy particularly as they relate to low commodity prices.
And Germany Ambassador to Zambia Bernd Finke, who signed on behalf of his government, says the signed agreements are based on the bilateral government negotiations on German-Zambia development cooperation which took place in November last year.
He says the 120.5 million Euros worth agreements attest to the fact that Germany has now doubled its funding to Zambia.
Mr. Finke says this also signifies an increase of around 5 percent compared to Germany’s last commitments in 2011.
The envoy has since assured the Zambian government that Germany will continue to be a reliable partner in good and in less good times.
ECZ Chairman Essau Chulu receiving the petition from Dr Mumba
The Electoral Commission of Zambia (ECZ) has extended the mobile voter registration exercise by 21 days starting from the 23rd of November, 2015 to 13th December, 2015.
The mobile voter registration exercise came to an end yesterday 11th November.
ECZ Chairperson Justice Esau Chulu has told a stakeholders meeting in Lusaka today that the extension of the exercise will cost the Commission K68.5 million.
He explains that the exercise will cover about 4,000 carefully selected registration centers countrywide.
Justice Chulu says these centers will be selected by the district registration officers taking into account the population and the turnout during the 60 days exercise that ended yesterday.
He has however pointed out that the voter registration exercise at civic centers in all the districts countrywide will continue as scheduled until 31st March 2016.
Justice Chulu has appealed to civil society organizations and other stakeholders to take advantage of the extension to encourage eligible voters to register.
He has further appealed to political parties and church organizations to call on all their members to turn up in large numbers to register as voters.
And the ECZ has warned political parties to desist from displaying their campaign materials in public places until when the campaign period commences.
This follows complaints of early campaigns by some political parties.
Justice Chulu has also reminded political parties to ensure that they are in good standing with the registrar of societies and their party symbols are those approved by the commission to avoid being prevented from taking part in next year’s elections.
And Lusaka province Police Commissioner Charity Katanga says Police were not instructed by anyone to remove the UPND campaign regalia on the streets of Lusaka.
She explains that Police act according to the law and not by instructions from anyone.
Ms Katanga states that it is a notorious fact that that political party regalia are all over public places with both the UPND and PF being the culprits.
FILE: President Lungu greets UPND president Hakainde Hichilema during the memorial service of the Late President Michael Chilufya Sata at St Ignatius Catholic Church in Lusaka
UPND Leader Hakainde Hichilema has said that Zambians are now agreeing with him that the PF Government is a one term project as they are on the verge of exiting power.
Mr. Hichilema said that it was very clear that most Zambians have given up on the PF for running the country without a plan.
Mr. Hichilema said that keeping the PF in office beyond 2016 will be suicidal for Zambian people.
Mr. Hichilema pointed out that one of the things that will cost the PF is the fact that President Edgar Lungu has decided to bring back the people who were rejected by the Zambian people in 2011 for non performance.
The UPND Leader said that it is illogical for the PF to think that by bringing finished politicians who were part of the MMD Zambians rejected they will win next year’s elections.
The opposition Alliance for Development and Democracy (ADD) has accused Government of concealing the magnitude of the problem in the mining industry.ADD President Charles Milupi said he suspects government has also realized that there is very little it can do about the problem in the mining industry.
He said that this is evidenced by how President Edgar Lungu has now taken a political route by issuing statements to show that he is doing something about the problem when in fact he is not doing anything.
[pullquote]what is even more unfortunate is that the PF government missed the opportunity to raise enough reserves when global copper prices were high by refusing to introduce windfall tax[/pullquote]
Mr. Milupi told Qfm News by telephone that this also explains why mining companies have continued on path of winding up operation despite the recent meetings the President held with them.
Mr. Milupi said that by laying off workers and placing their operations on care and maintenance, mining companies are merely making business decisions.
He said there is need to address fundamentals of the economy that are causing sectors of the economy such as Mining, Agriculture and Manufacturing to be under stress.
He said that what is even more unfortunate is that the PF government missed the opportunity to raise enough reserves when global copper prices were high by refusing to introduce windfall tax.
Mr. Milupi said that had these taxes been introduced in the mining industry, the government would have had enough revenue to intervene in the economy and save jobs in the Mines.
We have been receiving a lot of queries regarding the happenings on our economy. May we not be lazy in reading what we said and foresaw a long time ago before all these problems but we were called all sorts of names and hate speech was used against us yet we really love this country and have been offering solutions. We advised our colleagues in the PF on what needed to be done on exchange rates, load shedding, mining taxation with a view to creating sustainability, borrowing and many other issues even in the subsequent statements such as economic diversification programmes in order to generate wealth and create jobs locally.
Below is the UPND press statement released on 19th October 2012
The United Party for National Development Preliminary response to the 2013 National Budget
1.0 General Overview
1.1 The UPND recognizes that the Patriotic Front Government is responsible for the 2013 Zambian budget framing and implementation. Irrespective of the party in government, the budget, as an important tool for generating public revenue and directing expenditure priorities, affects in many ways citizens, residents and others who do business in or relate with Zambia.
1.2 Our summary comments on the 2013 budget are presented below.
1.3 Many people were looking forward to the second national budget presented by the PF Government. The PF made a lot of election promises which many people expected would be fulfilled through the 2013 national budget. The overall picture emerging from the budget presented by Finance Minister, Mr. Alexander Chikwanda is that the budget did not address a number of key concerns of the Zambian people and has to a large extent failed to depart from the past in approach, content and value add to the quality of Zambian lives.
2.0 Key Economic Policies
2.1 Many people were looking forward to a significant change in economic policies. An examination of the fiscal and monetary policies outlined in the budget indicate that there is no real departure from the past. Gross Domestic Product (GDP), inflation, exchange rate, debt, taxation and interest rate policies and targets have largely remained similar to those of the past Movement for Multi Party Democracy (MMD) Government with a few exceptions.
2.2 GDP Growth Rate – The PF’s projected GDP growth rate of 7% per annum is too low and inadequate to provide meaningful impact needed to create more employment, reduce poverty and improve people’s overall standard of living. For us in the UPND we believe that in a country with high unemployment and poverty levels, what is needed is a GDP growth target of 10% or more. This project is real and achievable given Zambia’s substantial resource endowment and geoposition. The missing link currently is the PF’s inability to provide clear political leadership to achieve visionary economic and social gains that are possible which the UPND team is better placed to provide.
2.3 Interest Rates– Although some commercial banks have reduced their lending rates actual credit to small/medium scale enterprises and individuals has largely remained high, around 23% depending on the bank’s risk perception of the borrower. To this end nothing much has changed under the PF as this high level of cost of funds is what was obtaining under the MMD. It is the UPND’s considered view that more measures are necessary to lower the cost of loanable funds to interest rates below 12% in kwacha for an average business/individual. This is what will trigger increased economic activity and job creation. The budget lacked additional measures required to make lending accessible and affordable to those who need credit the most.
2.4 Exchange Rates-From September 2011 when the PF took over government, the Kwacha has continued being volatile and has depreciated by over 12% from a rate of exchange of about K4700/US $ to todays rate of around K5270/US $.In our view and according to some commentators, against a background of improved copper prices and other developments the depreciation of the Kwacha reflects the glaring uncertainties in the PF policy direction including the return of nationalization being effected quietly. This is clearly one of the indicators of the loss of confidence in the economy. The developments in the foreign exchange market are also linked to the statutory instrument banning transactions in forex in Zambia. To be specific, despite the PF government’s praise songs about Statutory Instrument No.33 of 2012 (SI 33), the Statutory instrument amounts to a silent reintroduction of exchange controls with immediate, medium and long term damage to stability in the forex market and disruption to the business operating environment in general.
2.5 Eurobond and total debts
Through the 2013 budget, the PF Government has demonstrated its appetite for irresponsible borrowing as opposed to raising revenue through available prudent fiscal measures. Foreign debt and grant financing amounts to K5.6 trillion while local borrowing is K1.8 trillion. This Eurobond is clearly another rushed project which the PF has exaggerated the over subscription to mean confidence in their government when the opposite is the case. The capitalistic investor are looking for higher returns which are not available in the traditional markets which are experiencing low yields due to struggling economies in Europe and America. Currently LIBOR is around 1.5% and the Eurobond was pegged at over 5% which is still high. It is clear that if parliamentary oversight and other controls on borrowing are not effected immediately, the PF government’s approach to balancing the budget through borrowing will undoubtedly lead Zambia into another debt trap which the country can ill afford after the last painful experience the Country went through prior to debt write-off for which, Zambians paid a heavy price. The US $ 750 Million Eurobond was unnecessary if the government had listened to people’s cry to reintroduce the windfall tax which at conservative levels is projected at US$600 million per year. Worse still, the full terms and conditions for the Eurobond such as arrangement, legal, disbursement and other fees have not been disclosed by the Finance Minister.
3.0 Taxation of the Mining Sector
3.1 Many people are demanding that the Zambian people should benefit from the country’s mineral wealth. The 2013 budget indicates that direct mining tax will only contribute about 6% of total revenue for a sector accounting for over 60 % of the economy.People were expecting the PF Government to adequately tax the Mining Sector to generate financial resources in order to provide better roads, schools,hospitals and other infrastructure. As indicated above the people were calling for the re-introduction of windfall tax on mineral revenue. With copper prices remaining above US$7,500 per tonne, the mines are still gaining unexpected income which is above the planned threshold of US$2,500 to US$3,000 per tonne to make profit. The PF campaigned on the platform of re-introducing the windfall tax. What has changed?
Over the PF’s five year term, Zambians will experience a lost revenue opportunity through windfall tax of around US$ 3 billion (K15 trillion) which funds could be applied to job creation, reduction in poverty ,load shedding, better roads and social amenities.
3.2 The people of Zambia deserve to derive benefits from the mineral wealth of Zambia through windfall tax and share with owners of the mines the supper normal profits. If the PF Government have been deceived into believing that they will tax profits of the mining companies to generate more treasury revenue, they are in for a rude shock as the mines would continue to declare minimal profits or losses for a long time to come due to various practices such as international transfer pricing, sophisticated tax planning mechanisms and higher than normal production and operational costs which this PF Government has no capacity to monitor and control.
3.3 While the mineral royalty at 6% is noted, it is insufficient to raise the amount of revenue expected from the mining sector. Mineral royalty itself is treated as an expense rather than a tax. It will still be deducted from total mining revenue for tax purposes. The net revenue gain by the government will be minimal. We would like the income tax act amended to reflect mineral royalty as non deductable for tax purposes.
3.4 To illustrate the missed opportunity, only K1.9 trillion revenue is expected from the mineral royalty in the 2013 budget. In comparison, if the PF Government had introduced windfall tax the additional treasury revenue would have been in the region of K3 trillion. In simple language, the PF Government has lost the people of Zambia K3 trillion by failing to introduce windfall tax in the 2013 budget.
4.0 Electricity Blackouts
The persistent power failures are worrying and unacceptable. Clearly, the government has failed to deal with the problems in generation, transmission and distribution of power in Zambia. Everyday, people who are connected to the national grid are being blacked out by Zesco thereby inconveniencing them, destroying their appliances and disrupting normal family life and businesses. For the rural areas which are not on the national grid they are tired of hoping against hope that some day they will be connected to the electricity grid.
The PF government expenditure allocation to this area (K0.98 trillion), Zesco’s inefficiency and their suggested measures to alleviate the sufferings of the people are insufficient. Zesco will fail to connect users who need power, and electricity load shedding or power cuts will continue.
UPND president Hakainde Hichilema talks to residents in Mulobezi
We have complied with the provisions of the Public Order Act requirement of notifying the Zambia Police more than seven days for our scheduled party mobilisation meetings in various parts of the country that will be undertaken by our party President Hakainde Hichilema and other senior party leadership.
Among the areas we are carrying out our party mobilisation activities this month are Lusaka, Western, and Copperbelt Provinces.We shall not accept any interference from law enforcement agencies in our quest to reach out to our people that want to hear our messages as that is our democratic right just like we do not interfere with any political party, including the ruling PF, when they carrying out their party activities.
The Police, as citizens of this country, are equally free to come and attend these meetings which we have always conducted in very peaceful atmosphere.
We wish to inform all our party structures on the ground to prepare for the arrival of our party president Mr. Hichilema, senior leadership and their entourage in those areas as per programmes that have been given to them and the police as all our meetings will go ahead as planned.
We request all our fellow citizens to peacefully turnout in large numbers to welcome the UPND leadership in those areas and work with the local leadership for the detailed programmes.
We greatly thank you all in advance as you peacefully engage with our leaders that are touring the country to appreciate the economic environment and feel free to discuss with them critical national issues affecting your areas.
As MMD National Youth Secretary, I have just concluded a successful tour of the Copperbelt Province. I particularly spent a lot of time attending to various social and economic issues affecting our people in Kabushi constituency in Ndola.
Kabushi is so dear to my heart because this is the place where i lived and i still have a lot of my friends and family members living there.The interactions with ordinary people made me realise the importance of concerted efforts in responding to the many challenges affecting our people. I heard chilling tales of how our people are coping with the everyday life pressures but I was particularly encouraged by their resilience to change their situation through hard work.
[pullquote]How can someone explain the decision to allow Dangote Cement Zambia Limited to bring in 400 trucks into Zambia from Nigeria to start moving its cement?[/pullquote]
What was however troubling is the fact that certain Government agencies are working in reverse.President Lungu’s call on some civil servants that are frustrating Government programmes such as the Voter Registration Exercise should be supported.
We can confirm that Zambia has some civil servants who are clearly not aiding President Edgar Chagwa Lungu’s passionate drive to empower local Zambians. We feel the frustrations that President Lungu has shared over the inept civil service are well placed as the inefficiency is deep rooted.
It is very clear to see that some Government agencies are working against the overall aspirations of President Lungu’s administration.
How can someone explain the decision to allow Dangote Cement Zambia Limited to bring in 400 trucks into Zambia from Nigeria to start moving its cement? Does this mean that Dangote Cement Zambia Limited does not trust in the capacity of our trucking firms to move its cement across the country? How many jobs would have been created if Dangote Cement Zambia Limited was compelled to engage our local trucking firms? Did ZRA even collect the right amount of duty on those trucks?
We have done our investigations and can confirm to the nation that the decision to allow Dangote to bring in its own trucks was part of the Investment Promotion and Protection Agreement signed with the Zambia Development Agency.So how can public officers sanction such a move which is clearly not in the best interest of the nation?
Several transport firms in Ndola and across the Copperbelt have packed their trucks due to lack of business. The coming in of a huge cement plant in Masaiti by the Dangote Group was heralded as a great business opportunity for the local transport sector.
We thereby appeal to Government to compel Dangote Cement Limited to take back its trucks to Nigeria and force the company to hire local transport companies to move its cement.We believe this will be a more sustainable way of sharing benefits of the Dangote investment with the local people.
Issued by: Bowman C. Lusambo
MMD National Youth Secretary
A MAGISTRATE’S court has sent a 19-year-old Grade Eight pupil to prison for 18 months imprisonment with hard labour for stealing a bicycle belonging to a fellow worshipper during a church service in Chingola.
The court found Michael Sinkala of Mikiloni area, Chiwempala, Chingola, guilty of theft.
When the matter came up for plea, Sinkala readily admitted the charge before magistrate Lomuti M’tonga.
Particulars of the offence are that Sinkala on April 19 this year in Chingola stole a mountain bicycle worth K400 belonging to Martin Lumumba at a Catholic church as congregants were worshipping inside.
Facts before the court were that the complaint had gone for a church service and left his bicycle outside the church.
when the service ended, the complainant discovered that the bicycle was missing and reported the matter to police.
The court heard that after some months he spotted the bike at Chiwempala market with a man who revealed that it had been sold to him by Sinkala.
The police apprehended Sinkala and charged him with theft.
Sinkala begged the court to exercise leniency on him because he was sorry for his actions.
“Your honour, I have learnt a lesson and will never repeat what I did. I am a pupil, so if you send me to prison my future will be ruined,” Sinkala said.
Mr M’tonga wondered why Sinkala could steal at a church.
“You went there to pray but you decided to steal from your church mate. What you did was very bad and you have to be punished.
“I have heard your mitigation and that you are a first offender, but you will not go scot-free. I will sentence you to 18 months imprisonment with hard labour. You should respect the house of God,” he said.
Mr Mtonga said that Sinkala has a right to appeal.
In the same court Mr M’tonga sentenced a 25-year-old man to three months imprisonment with hard labour for trafficking in 10 grammes of marijuana.
Mr M’tonga sentenced Goldwin Kainda of New Plots in Kasompe township after he pleaded guilty to the offence.
Kainda told the court that he used the drugs as medicine for his ears, but the magistrate dismissed the claim.
On October 3 this year Kainda trafficked in 10 grammes of marijuana, a product of cannabis sativa, without lawful authority.
Facts before the court were that Kainda was a suspect in a case of theft and was found in possession of suspected marijuana while police officers were searching him.
Cavendish University
Cavendish University Zambia is making impressive strides to become the leading private university in Zambia by offering international expertise and dynamic teaching methodologies to Zambian students and those from the region who choose to come to Zambia to pursue higher education.
The University, which was founded in 2005, was recently acquired by Maarifa Edu Holdings Ltd. (“Maarifa”), an international education company that currently has investments in universities in three African countries.
Today, Cavendish officially opened its new Lusaka Central Business District (CBD) campus. The CBD campus offers students and staff a bright, welcoming environment with advanced state-of-the-art technology and facilities to create a highly interactive learning experience. In addition, the new campus significantly increases classroom space and brings together many of Cavendish’s faculties under one-roof.
Brighton Ngoma, Executive Director of Cavendish noted, “When we founded Cavendish in 2005, as the first private university in Zambia, our goal was to increase access to quality higher education to a broader group of talented Zambians. We are proud of the students we have helped set on a path to success, and excited that our partnership with Maarifa will enable us to reach and serve an even greater number of students.”
The University offers over 40 programmes within its four faculties including the School of Arts, Education and Social Sciences, School of Business, Finance and Management, School of Medicine, and School of Law.
“We are excited to introduce this wonderful new campus facility to the Lusaka community and look forward to more exciting announcements coming out of Cavendish in 2016!,” said Scott R Royster, Chief Executive Officer of Maarifa.
And officiating at the event, Agriculture Minister, Mr. Given Lubinda said Government has created a competitive and enabling environment for tertiary institutions to flourish and plug whatever might be perceived as a deficit in the Zambian labour market.
“I would therefore like to take this opportunity and state that there is now no more need for the industry to look for labour from outside Zambia, except in very rare circumstances and we must be convinced as Government that such talent is not currently available on the Zambian market,” said Mr. Lubinda.
Action Aid Zambia Country Director Pamela Chisanga has called for the dollarization of the Zambian economy.
Ms Chisanga said time has now come for Zambia to dump the Kwacha because the local currency has become worthless.
She said many stakeholders have proposed remedial measures to fix the Kwacha but that Government and its agencies have failed to respond effectively.
Ms. Chisanga was speaking this morning when she featured on the Hot Seat radio programme on Hot FM discussing the state of the economy.
‘I think we have talked and talked and now it enough talking, what we need now is action and for me with the levels of frustration I have, I can just call for the dollarization of the Zambian economy, let us just dump the Kwacha and we start using the dollar,’ she said.
She argued that Zambia which adopted the use of the dollar has now started witnessing a slow but steady recovery of its economy which had completely collapsed.
‘Zimbabwe has now doing far much better than it was when it was using the ZIM dollar, maybe we need to go that route because there seems to be no response from those in government.
On the same programme, Centre for Trade Policy and Development Executive Director Isabel Mukelabai called for prudency on the part of the government in the management of public funds.
Mrs Mukelabai also called for policy consistency and predictability if Zambia is to manage the current economic turbulences.
Herve Renard
Struggling Lille has fired coach Herve Renard after just 13 league matches, the French club said Wednesday.
Earlier this year, the 47-year-old Frenchman led the Ivory Coast to its first African Cup of Nations title since 1992, three years after leading unheralded Zambia to victory.
But he has struggled in his first season in charge, with Lille just one point above the relegation zone in 16th place.
In a statement on its website, Lille said this is “a perilous position and certainly not in keeping with the club’s ambitions.”
Club President Michel Seydoux rebuked Renard last month for saying in a newspaper interview that he’d like to coach Marseille one day, and that Lille was merely “a springboard” toward bigger things.
Lille lost 2-1 home defeat to Marseille shortly after.
Sylvia Masebo
Chongwe Member of Parliament Sylvia Masebo has refused to be granted a nolle prosequi by the State in a matter where she is charged with unlawful procession.
Masebo refused to be granted a nolle when the State wanted to enter a nolle against her when she appeared before Lusaka Magistrate Lameck Mwale.
Masebo’s lawyers Robert Simeza and Keith Mweemba objected that the State could not enter a nolle in a charge that did not exist.
The defence lawyers told the court that they had submitted that the charge Masebo wasfacing should be quashed and that a nolle could not be entered because the charge lacked merit.
In the last sitting during the opening of trial this week, Masebo asked the court to refer her case to the High Court for constitutional determination in a case where she is charged with unlawful procession.
Mr Simeza in his application told the court that according to the indictment, Masebo in count one is charged with unauthorized procession pursuant to section 7A of the Public Order Act.
Mr Simeza said the charge was unconstitutional as it was contravening Article 22 of the Constitution which guarantees the protection of freedom of movement.
He said Section A restricts the accused person’s freedom of movement but Article 28 (1) of the Constitution specifically provides that a citizen shall not be deprived of his or her freedom of movement which includes the right to move freely.
Mr Simeza stated that his application was that count one should make a constitutional reference to the questions arising out of this matter to the High Court for determination pursuant to Section 28(2A) of the Constitution.
He further stated that it was his clear understanding that it also provides for the two scenarios which when one observes the constitutional issues either of the party could refer the case to the High Court.
Mr Simeza said in that case the court was obliged to refer the matter to the High Court and it was mandatory.
He said Masebo’s count two had another case of escaping from lawful custody. It was their application that count two was not a standalone charge as it arises from elements of count one and it presupposes custody which was the subject charge but could be illegal if the High Court should agree that the purported offence which led to Masebo’s arrest was unconstitutional.
