STATEMENT BY THE CHAIRPERSON OF THE NON GOVERNMANTAL ORGANISATIONS CORDINATING COUNCIL (NGOCC) MS. SARA H. LONGWE DURING A MEDIA BRIEFING ON THE DECSION BY PRESIDENT EDGAR LUNGU TO PARDON GENERAL KANENE

MEMBERS OF THE PRESS,

NGOCC NETWORK MEMBER ORGANISATIONS PRESENT,

LADIES AND GENTLEMEN,

On Thursday, July 16th 2015, President Edgar Lungu pardoned a convicted girl child defiler, Clifford Dimba aka General Kanene who was serving an 18-year-jail sentence. General Kanene was convicted by a competent court of law that he molested and abused a girl child below the age of 16.

Clearly, President Lungu is increasingly becoming a danger not only to the nation but more specifically to the welfare of the girl child in Zambia. While well meaning Zambians are busy fighting gender based violence (GBV), and more specifically child defilement, President Pungu seems to be comfortable with the increased cases of child abuse as demonstrated in his release of general kanene. President Lungu must be reminded that he was elected to secure and safeguard the interests of all Zambians, including girl children.

President Lungu’s appetite to keep himself in power at any cost, even if it means embracing girl child defilers, is appalling and disgusting to say the least. The recent presidential pardons of criminals for political expedience by the pf government is now threatening the safety of this country especially the vulnerable girl children.

The decision by the president to pardon a convicted child defiler, is not only an insult to the women of Zambia, but a serious draw back in the fight against child defilement and GBV.

What the president is saying in his pardon is that as long as anyone is in good books with him or his party, they can abuse and defile children and they will not face the wrath of the law. It is unfortunate that at the time Zambia needs leadership in the fight against defilement the head of state is in the forefront abetting and encouraging people to abuse girl children.

While we appreciate that kanene may have reformed and is now championing the fight against gbv, the reality is so have many other prisoners who have committed various crimes who will serve their full sentence .

We call upon President Lungu to seriously introspect and reflect on his decision to release a convicted defiler. President lungu is seriously undermining the judicial system by selectively releasing convicts who he has a personal interest in. While, the law gives the president power to pardon convicts, we sincerely believe that president Lungu is abusing his power, for political expedience. Surely what is so special with general kanene to be released after committing such a heinous crime against a girl child? Did president lungu think about the victim when he decided to pardon General Kanene?

The girl child that was defiled by Mr Dimba will not receive any justice now that the president has decided to pardon him.

As long as President Lungu remains the head of state, the fight against gbv will remain a pipe dream. We challenge all the women in the Patriotic Front (PF) government to voice against this injustice against the girl child. If President Lungu and the pf want the support of the women, this decision must be reversed immediately.

It is for this reason that the women’s movement continues to advocate for a new people driven republican constitution that will regulate the powers of the president. The current constitution gives too much power to the president which is not good for the country.

NGOCC will remain consistent in demanding for the enactment of the new constitution through a national referendum. We primarily demand for the enactment of the new constitution through a national referendum because an expanded bill of right will enhance and advance the rights and status of women and children.

The only solution to the many problems that the country is facing is to enact the new constitution before 2016 tripartity elections. Otherswise, individuals will continue to abuse the presidential office.

As an organization we will be left with no option but to go to the public and explain what kind of danger Edgar Lungu is to the women and girl children of this country.

For/NGOCC
Issued;

Sara h. Longwe
Chairperson

FOR IMMEDIATE RELEASE

COMMUTATION OF SENTENCES FOR DEATH ROW INMATES BY HIS EXCELLENCY THE PRESIDENT OF ZAMBIA MR. EDGAR CHAGWA LUNGU

The Human Rights Commission is delighted at the move by His Excellency the President Mr. Edgar Chagwa Lungu taken to commute the death sentences of 332 death row inmates to life imprisonment.

The commutation is a clear demonstration that President will not depart from the direction taken by his predecessors of the de facto moratorium. In light of this action, the Commission calls upon Government to take the extra step and accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights which requires State Parties to abolish the death penalty. Further, Zambia needs to domesticate the Option Protocol to ensure that the Judiciary do not continue handing down death sentences as a matter of law.

The Commission reiterates its opposition to the maintenance of the death penalty as submitted to the technical committee on drafting the Zambian Constitution in 2012. Human Rights practice today guides that a rehabilitative approach to criminal offenders should be adopted as opposed to the traditional approaches of retribution, vengeance and punishment under which the death penalty falls.

The Human Rights Commission has repeatedly raised concerns about over-crowding in prisons which exposes inmates to inhumane conditions. It is encouraging to note government’s willingness to address the problem of congestion in prisons. The Commission believes that the legislative and administrative measures announced by the president to address conditions in prisons across the country will go a long way in creating the desired environment for inmates in line with the standard minimum rules for the treatment of prisoners.

ATTACK ON UPND LEADER HAKAINDE HICHILEMA BY PF CADRES

The Human Right Commission condemns in strongest terms the reported violent acts of Patriotic Front (PF) cadres on the Copperbelt Province who forced their way into Icengelo Radio on Wednesday evening to stop a radio programme where the United Party for National Development Party (UPND) President Mr. Hakainde Hichilema was scheduled to speak.

The Commission is disappointed with PF cadres’ attack on Mr. Hakainde Hichilema and interference with Radio Icengelo’s scheduled programme.

It is unfortunate that the cadres have continued to behave violently and conducting themselves in a manner that is inconsistent with the stance taken by His Excellency the President Mr. Edgar Chagwa Lungu’s on political violence. For as long as cadres are not punished for these acts, there will be no end to political violence. The Commission calls upon the PF party leadership to translate the commitment to stop political violence in action by sanctioning the cadres behind the attack so that they understand there are no rewards for perpetrating such acts.

Issued by:

Florence Chibwesha
DIRECTOR
HUMAN RIGHTS COMMISSION

Before principle resident magistrate Yvonne Nalomba was Miyambo Katopwa of Lubebe village who was charged for unlawful cultivation of marijuana contrary to section 9 of the narcotic drugs and psychotropic substance chapter 96 of the laws of Zambia.

Facts before the courts were that Katopwa on March 5, 2015 cultivated 528 kilogrammes of marijuana, a herbal product of cannabis without lawful authority.

And in count two, particulars were that Katopwa on March 5, 2015 trafficked in 180 Kilogrammes of marijuana contrary to section 6 chapter 96 of the laws of Zambia.

Katopwa admitted the charge for count one but denied the charge for count two.

In mitigation, Katopwa requested for lenience as he was the first offender and that he was married with children who are still at school.

However, Principle Resident Magistrate Nalomba said though he was the first offender and readily admitted the charge, the quantity of marijuana was too much.

She then sentenced him to 30 months imprisonment with hard labour, effective the date of arrest in order to deter others from committing a similar offence.

And for count two, Magistrate Nalomba re-allocated the case to Magistrate Moses Mulenga for continued trial.

President Edgar Lungu is this Saturday expected in Petauke district in the eastern province on a working visit.

This is according to the circular to all government institutions, NGOs, civil societies and business houses released yesterday and also obtained by ZANIS from the office of the District Commissioner in the area.

President Lungu will be in the district to launch the HE FOR SHE campaign, a campaign against gender inequality targeting male Chiefs, in Chief Nyamphande’s Chiefdom.

The Head of State who is the guest of honour is also expected to visit Nyampande GBV project after the launch.

The Ministry of Chiefs and Traditional Affairs in collaboration with the UNDP are spearheading the launch.

Meanwhile, most of the invited Chiefs from across the country have started arriving in the district in readiness for the event.

The launch will be preceded by a workshop to be held at Chimwemwe lodge on Friday.

The COMESA Court of Justice (CCJ) has called on Journalists to sensitise the public on the existence and works of the court to enable countries and citizens with disputes of regional nature, utilise it.

The jurisdiction of the Court, which was established in 1994 under COMESA treaty, is to oversee disputes between member states and members of staff as well as to provide an advisory opinion to the regional body.

COMESA Court of Justice immediate past Principal Judge, Samuel Rugege said the regional court played an important role in promoting regional integration and yet very few people were aware of its existence.

Prof Justice Rugege, who is also Rwanda Chief Justice, said there was need for the media in the region, to aggressively publicise the work of the court and educate people on the COMESA treaty so that more litigants and lawyers in the region utilise it.

He said this in Livingstone on today when he officially opened the COMESA Competition Commission regional sensitisation workshop for business reporters.

“The COMESA Court of Justice plays an important role in settling disputes and in promoting the regional integration agenda but few people are aware of its sittings,” he said.

Professor Rugege said it was the responsibility of journalists to inform people about the court and matters that were being settled before it.

He said only 42 cases from litigants had been handled by the court since its inception many years ago.

And speaking at the same meeting, COMESA Competition Commission Board Chairperson Matthews Chikankheni urged the media to help raise public awareness of both the role and actions of the Commission.

Mr Chikankheni said explaining the merits of a competitive environment in a common language could help the general public better understand competition policy objectives.

A Luwingu resident has submitted to the Legal and Justice Sector Reforms Commission that government should find ways of expanding the Zambia Institute of Advanced Legal Education (ZIALE) to improve the enrolment of law students.

Evaristo Kabuswe, a teacher by profession, also submitted that the Office of the Investigator General should be decentralized to provincial centers and districts to enable easy access to justice by aggrieved government workers.

Mr Kabuswe told the Commission chaired by Justice Frederick Chomba during a public sitting held at the Luwingu District Council Chamber today that the failure rate at ZIALE was too high and that something needs to be done to improve the enrolment of students so that the current shortage of practicing lawyers is addressed.

Mr Kabuswe further submitted that government should also consider establishing another institution where law students could access advanced legal education to increase the numbers of practicing lawyers so that Zambians can have improved access to justice.

And Mr Kabuswe said the absence of the Office of the Investigator General in provinces and districts denies aggrieved government workers free and fair access to justice as they have to travel long distances to Lusaka to submit their complaints.

Another petitioner, 51-year-old Vincent Mwape submitted that government should bring access to justice closer to the people in remote areas by establishing Supreme and High Courts at provincial and District level.

Mr Mwape said the current location of the higher courts of appeal in selected provinces only denies people in rural areas legal redress when they come into conflict with the law because it was costly to travel long distances to seek further court action.

Meanwhile, the Commission also received submissions on unfair judgments relating to divorce cases involving three different women who complained that they felt they had not received fair access to justice.

One of the petitioners, 30-year-old Clara Mumba of Chikoyi Village in Luwingu District complained that she was married in 2002 and that she divorced her husband in court where judgment was passed in which their two matrimonial houses were forfeited and that she had not received any assistance in the local court despite appealing the outcome.

Three other women petitioned the Commission to help address the indiscriminate grabbing of land by the District Council which they felt was denying them access equitable distribution of land in the area.

Astridah Chisulo, 36, of Nachaiteka village submitted on behalf of the Salesian Sisters Women Association complained that the Council had demarcated a piece of land allocated to the group for development by the Chief after paying K8,400.00 for a special user plot.

Ms Chisulo submitted that the Council demarcated the plot to another developer who is now constructing a filing station at the expense of the women group who were legally given the land by the local Chief.

But Luwingu District Council Planner Mwila Chansa who was summoned by the Commission to explain the wrangle surrounding the land in question, said the land had 16 plots whose plans were approved by the provincial planning office and that the local authority was willing to discuss the matter with a view to settling the problem.

The Commission will tomorrow hold its final public sittings in the Northern province in Mungwi district before proceeding to Muchinga for similar meetings starting on Monday July 20 to Friday July 24 in Chinsali, Isoka, Nakonde and Mpika.

Press Statement For Immediate Release.

As the Forum for Democracy and Development (FDD) we wish to strongly condemn the arrest of Mr. Fred M’membe, the Post Editor-in-Chief and reporter Mukosha Funga over the letter that the Anti Corruption Commission (ACC) Director Rosewin Wandi wrote to President Edgar Lungu, notifying him that they were investigating his Political Advisor, Kaizer Zulu for Corruption.

The action by the Police is a desperate and discreditable attempt by President Edgar Lungu and his Government to muzzle the Post Newspapers and silence anyone who dares expose the rot that is going on in this Government.

Why should a letter about an ordinary employee of Government be classified as a State Secret? Why should Kaizer Zulu, a mere employee of Government who is being paid by taxpayers’ money be treated as a demi-god who is not amenable to anyone? Why is Edgar Lungu shielding Kaizer Zulu, a simple state employee from public scrutiny?

On May 22, 2015, the Daily Nation Newspapers exclusively carried a story quoting Ms. Wandi’s second letter to President Edgar Lungu, under the headline: ACC Clears Kaizer Zulu; Why haven’t the Police arrested and charged Mr. Richard Sakala and the Daily Nation reporter for allegedly breaching section 35 of the State Security Act? Does it mean that Section 35 only applies to the Post Newspapers? Why are the Police exhibiting such deplorable double standards? This a clear case of witch hunting!

Intimidations, arrests, even killings will never cow the people from holding public officials accountable. This is a democracy and transparency and accountability are key tenets of any democratic society.

Instead of waisting time and government resources chasing after the Post Newspapers, Honourable Edgar Lungu should for once take his job of serving the people of Zambia seriously. He should focus on fixing the economy;ending load shedding; arresting the free fall of the Kwacha; reducing fuel prices, lowering the cost of living, opening of the Copperbelt University and fixing our healthcare system.

Issued by:

Antonio Mwanza,

FDD Spokesperson.