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THE Zambia Information and Communications Technology Authority (ZICTA) has threatened legal action against mobile service providers selling active sim cards.
ZICTA type approval engineer, Elliot Kabalo said the Statutory Instrument number 65 of 2011 bars mobile service providers from selling active sim cards.
Mr Kabalo said the authority was dismayed during a random check in Nakonde and Isoka in Muchinga province, to find agents of some mobile service providers, particularly MTN-Zambia, selling active sim cards.
“This against the deadline of the sim registration regime. The mobile service providers know that no operator is allowed to sell an active card,” he said.
He said all the mobile service providers found wanting will be handed over to the legal department at ZICTA to commence prosecution.
ZICTA consumer protection officer, Edgar Mlauzi the authority also discovered that Airtel Networks was registering Tanzanian subscribers using voters’ cards.
Mr Mlauzi said the law was very clear that all foreign subscribers must only have their sim cards registered upon provision of a valid passport or a work permit.
“These are security guidelines that mobile service providers are very familiar with and must be adhering to at all costs,” he said.
Isoka District council chairperson Moses Simwanza bemoaned the lack of Information Communication Technology (ICT) facilities at schools in rural districts like Isoka.
Mr Simwanza said affected pupils risked lagging behind in ICTs subjects that were recently included on the school curriculum and could affect their performance at tertiary level.
FILE: Opposition UPND leader Hakainde Hichilema with his MMD counterpart Nevers Mumba
MMD president Nevers Mumba says UPND president Hakainde Hichilema’s apology over his remarks that anyone joining the MMD now is out of their minds was made to him as an individual and not to the former ruling party.
Dr. Mumba says if he accepted Mr. Hichilema’s apology and forgave him it does not mean that all MMD members would do the same.
He says it could happen that despite some MMD members seeing the text apology, they could still be waiting for a public apology from Mr. Hichilema.
Dr Mumba says it is important that political leaders concentrate on why they have been put in their positions.
The MMD leader adds that leaders should also begin to respect each other.
And Dr Mumba says the perceived fight between the MMD and the UPND will die a natural death.
FILE: Police officers push Zambezi West Member of Parliament Charles Kakoma out of the Lusaka Central Police Station.
THE Patriotic Front (PF) has asked the Supreme Court to stay the Zambezi West by-election until determination of an appeal against a judgment which allowed former member of Parliament (MP) Charles Kakoma to re-contest the seat.
This is according to an ex parte summons filed by PF candidate Christabel Ngimbu for an order to stay the elections for Zambezi West which are scheduled for September 11 this year.
Ms Ngimbu said through her lawyer Bonaventure Mutale that the Electoral Commission of Zambia (ECZ) has not yet printed the ballot papers for those elections.
And according to a notice of appeal filed in the High Court, Ms Ngimbu said she was dissatisfied with the whole judgment delivered by High Court judge Judy Mulongoti.
She said in her memorandum of appeal that the court erred when Justice Mulongoti refused to enforce the judgment of the Supreme Court delivered in October last year which is in accordance with Section 9 of the Supreme Court Act, Chapter 25 as read with Section 104 of the Electoral Act number 12 of 2006.
Ms Ngimbu said the lower court misdirected itself despite the fact that Supreme Court judgments are binding on the High Court, adding that Justice Mulongoti ruled that she would prepare a report solely on the findings of her court.
She added that Justice Mulongoti erred in law and fact when she ruled that she would not name the person found guilty of corrupt and illegal practices in her report on grounds that she had made no such findings in the High Court.
Ms Ngimbu said an appeal is a re-hearing on record and judgments of the Supreme Court are binding on the High Court.
Ms Ngimbu petitioned the High Court to determine whether Mr Kakoma committed corrupt and illegal practices in connection with the parliamentary elections held on September 20, 2011.
She wanted the court to prepare a report which would be delivered to ECZ and the Director of Public Prosecutions that Mr Kakoma committed corrupt and illegal practices during the election.
She also wanted the court to bar Mr Kakoma from contesting any parliamentary election for a period of five years from the date the report would be prepared.
Ms Ngimbu also wanted the court to enforce the Electoral Act number 12 of 2006 and for the DPP to prosecute Mr Kakoma for corrupt and illegal practices under the same Act based on the report.
Justice Mulongoti in her judgment allowed Mr Kakoma to file his nominations yesterday, and that she would render a report based on the proceedings that were before her when she determined the election petition.
Justice Mulongoti said it is cardinal for Mr Kakoma to be heard before his name or particulars are stated in a report as being found guilty.
Gospel music artist Levy Sakala on Monday morning joined the home based Chipolopolo squad in prayer on the side-lines of the monthly camping in Lusaka.
The ex-Sakala Brothers member was spotted at Barclays Sports Complex during the team’s first work-out on Monday morning.
Zambia coach Honour Janza said the national team is open to the clergy offering prayers.
“God is always at work so we always allow room for God to give strength to the boys. We are open to allowing men of God coming to join us,” Janza said.
He added:”We are open to more men of God but of course we have to take one at a time.”
Opposition MMD President Nevers Mumba has called on fellow opposition parties to fight using ideas and not violence during campaigns for the forthcoming by-elections.
Dr. Mumba said Zambia has come a long way in its democratic process for opposing parties to still condone violence during campaigns.
He called on fellow political leaders to discipline their cadres and ensure that they encourage peace among political stakeholders in the electoral process as opposed to promoting violence which does not benefit anyone.
The MMD leader was speaking shortly after MMD Mkushi South candidate Sydney Chisanga successfully filed in his nomination papers for the parliamentary by election.
“I’m calling on all political leaders from other political parties to ensure that they restrain their cadres from engaging in political violence which may undermine the importance of these elections,” Dr Mumba said.
He added, “As a country, we should move from politics of violence and insults because these things are not beneficial to our electorate who want to hear how each individual party will solve the challenges they are currently facing as opposed to knowing who lost the fight between so and so party.”
“These campaigns should be based on ideas and not muscles and violence which worsen the challenges instead of resolving them,” Dr. Mumba said.
Meanwhile, Chitambo Member of Parliament Malama Mushili said the former ruling party is not intimidated with the ferried crowd that the ruling PF came with during the nominations.
Speaking in an interview Mr. Mushili said the PF crowd was meant to deceive Vice President Guy Scott who is not on the ground that the PF is popular in the area.
“We are a small community in these rural constituencies so when people are ferried we know them.”I have seen a truck load of cadres from my constituency and we know these things because they are same things which were happening in Muchinga during the campaigns but look what happened there. “We are ready for these elections and we will show them that the seat was ours.”
Meanwhile, truck loads of cadres where seen being ferried to the polling station where Dr Scott came to witness the filing in of nomination for the Pf candidate.
Education, Science, Vocational Training and Early Education spokesperson Hilary Chipango says a total of 1,055 Zambian students are currently being supported at various universities abroad.
Mr. Chipango said government remains indebted to the generosity and hopitality of the people and governments of those respective countries.
He said out of the 1,055 students studying abroad, 136 students were expected to graduate from Algeria, China, Cuba, Russia Federation and Tunisia by the end of August 2014 and return home.
Mr. Chipango said currently 178 Zambians are pursuing undergraduate and Post graduate studies in ALGERIA, 140 in China, 38 in Cuba, 12 in Cyprus, 15 in India, 493 IN Russia and 78 in Turkey among other countries.
The ministry’s spokesperson said this in a statement released in Lusaka, today.
All the scholarships are availed to Zambia are advertised in the daily papers and the applicants are interviewed and selected by a panel adding that the procedures are reviewed to make them more transparent and accountable.
He said as a ministry they acknowledge the outstanding performance of the majority of the students abroad as they are competing favorably with other nationals.
Mr. Chipanga has however warned all students abroad to desist from irresponsible acts which impact negatively on the image of Zambia.
He said the bursaries Committee has been directed to withdraw sponsorship at the slightest hint of misbehavior of any Zambian student abroad.
Mr. Chipango has also urged the students taking up scholarships this year to be exemplary in their studies and endeavor at all times and be ambassadors of Zambia by flying the Zambian flag high.
PRESS RELEASE
FOR IMMEDIATE RELEASE
MUHABI LUNGU’S JUXTAPOSE
12th August 2014
Since the beginning of the month of August 2014, the political environs in Zambia have been bombarded by a barrage of misguided outbursts from the movement for multiparty Democracy (MMD) in particular from the National Secretary, Mr. Muhabi Lungu.
These outbursts have been targeted at the United Party for National Development (UPND) to disrupt its growing momentum and to derail it from its clear path to presidential electoral victory whenever the polls are held.
We have carefully and critically examined these outbursts and find them to be hollow as they lack depth of analysis and are economical with the truth.
In this statement, we wish to deal with Mr. Muhabi Lungu’s misplaced attacks and political hallucinations because as Muhabi says, ‘silence implies guilt on our part.’
“Mad people” statement attributed to HH
The blatant lies being peddled by Muhabi on this issue are most unfortunate and do not befit a chief executive officer of a political party of the stature of the MMD. During his press briefing of Tuesday 5th August 2014, Muhabi gave a lecture on political maturity. In his lecture, Muhabi stated that it is a sign of political maturity to research a statement before reacting to it. He went further to state that a reaction made without research would be an ‘unreasonable reaction.’
As I reproduce text messages between the UPND President Hakainde Hichilema and the MMD President Dr. Nevers Mumba, I call on the readers to make judgment as to whether Muhabi passes his own test on political maturity.
President Hakainde Hichilema:-“‘Mr. President Nevers Mumba, yesterday at our press briefing I made a statement meant to criticize PF (and that no normal person should vote for this party). Unfortunately, by error, I mentioned MMD in place of PF. I apologize to you my brother and the MMD at large.”
President Nevers Mumba:- “President HH, sorry for the delay in response. Tried to call back with no success. I acknowledge apology and wish to assure you that the past is behind us. Have a great weekend. Nevers.”
By deliberately trying to keep a ‘slip of the tongue’ of President Hakainde Hichilema alive in the media, Muhabi hopes to scandalize the UPND and benefit from its fall out with the public. That is a Cheap shot Ba Lungu!
By-Elections
Let us now examine the new philosophy on by-elections being mooted by the upper echelons of the MMD.
Muhabi in his article of 9th August, 2014, which appeared in the Post Newspaper states the following:
‘A by-election win (or loss) proves absolutely nothing and it would be folly for any party to derive a false sense of confidence from the results.’
One would be tempted to laugh, if this political submission was not so pathetic. The above submission perhaps only serves to explain how a once vibrant movement (MMD) has been turned into a monument by a visionless leadership currently at its helm.
A leadership pregnant with vision ought to know that by-elections are opportunities:
1.) For political growth
2.) To assess the strength or weakness of a political organization
3.) To assess whether a party’s message is resonating with the expectations of the electorates, among many other things.
What Muhabi would like us to believe is that, there is no correlation between mock exams results and final exam results. Muhabi would like us to believe that continuous assessments at our institutions of learning have no predictive value for the final exams. Absurdity of the highest order!
Yes we do admit that they are cases where students did well in the mock exams but failed the final exams, partly due to over confidence. This unfortunate occurrence does not dismiss the predictive value of mock exams.
It is Muhabi’s contention that past statistics from 2001, 2006, 2008 and 2011 are a more reliable guide than the most recent results in by-elections. We are of the conclusion that Muhabi arrived at such a conclusion to explain away MMD’s poor performances in by-elections.
If you cannot gauge the strength of your party using by-elections, then we wonder what else can be used since Muhabi does not provide an alternative.
If indeed it were true that by-election results prove absolutely nothing, why does the MMD participate in them?
Consider that, the MMD will ask candidates to apply on their ticket (who normally pay a fee), then the MMD will have a budget to support the activity (by-election). Then human resource will be dispatched to campaign for the candidate. Do you honestly think that the MMD will do all this to PROVE NOTHING?
Clearly the CEO of the MMD is exhibiting symptoms of acute cognitive dissonance.
To prove his faulty assertion, Muhabi cites Chilanga, Mufumbwe and Solwezi Central as examples of by-elections won by the UPND in 2010 and later lost to the MMD in the tri-partite elections of 2011.
Muhabi in his usual biased manner conveniently forgets to inform the readers that the by-elections he referred to were won under a ‘pact’ arrangement and that the pact had disintegrated by the time of the 2011 tri-partite elections.
Unless Muhabi suffers from selective amnesia, he forgot to inform the readers that during the same life of Parliament Pf won three by-elections in the north ( Kanchibiya, Mporokoso and Kasama) as a pre-cursor to them winning Northern Province. May I add that PF managed to win all the three seats during the 2011 General elections with huge margins.
Muhabi at his press briefing of 5th August 2014 claimed that, ‘UPND neither have a superior message, better values nor stronger political organization than the MMD.’
We wonder how the ‘intelligent’ Muhabi arrived at such a conclusion without an objective political test. We submit to Mr. Muhabi that a conclusion like the one he arrived at can only be arrived at after critical analysis of the most recent electoral results.
After 2011 tri-partite elections, MMD had 55 MPs and UPND had 28 MPs. In the last three (3) years, UPND has had an opportunity to increase its seat share to 33 (now 31 because of Zambezi west and Mulobezi that have been nullified). The MMD has reduced its seat share from 55 MPs to 36 MPs (practically 35 because MP for Chisamba was convicted and does not attend Parliament).
The numbers clearly show that if the downward trend for the MMD continues, MMD will soon become a political corpse incapable of growth, awaiting its sure destiny in the political graveyard.
Going by the ‘current form’ of political parties in this country, any serious political analyst cannot escape the logical conclusion that the contest for political power is between the UPND and the PF.
The MMD has slowly but surely cemented their number three (3) position in elections, even in seats they once held. Livingstone, Feira, Kafulafuta, Mpongwe and Katuba are clear examples. Mangango is soon to be added to the list!
We submit that the current MMD philosophy on by-elections is not based on fact or sound knowledge but on jealousy and envy of the momentum the UPND has gained by winning by-elections thereby increasing parliamentary representation.
The Electoral Demographic Factors
Here we will examine the so called obstacles identified by Muhabi that stand in the way of UPND Presidential election.
Before we delve into the arguments we would like to acknowledge that the Post Newspapers deliberately misquoted Muhabi in order to create an unnecessary fight between the MMD and the UPND.
This what Muhabi said according to his article published on the 9th of August, 2014.
‘I have never said that UPND can never win. However, it is extremely unlikely for the the UPND to produce this 22% upward swing within five years.’
Argument 1
It is Muhabi’s contention that the Presidential candidate needs to score a national minimum of 40% in order for him to win the presidency. Muhabi goes further to state that, “ a dramatic change from 18% to the wining number of 40% for the UPND in one five year election cycle with only one campaign session would be incredibly impressive….”
We would like to submit to Muhabi, that Mr. Sata polled 3% in the presidential elections of 2001 and increased his performance to 29% in the Presidential elections of 2006. This represents a percentage increase of 26% upward swing within 5 years.
So the 22% upward swing required by the UPND according to Muhabi is not unprecedented after all! It is precendented!
It could also be argued that Mr. Anderson Kambela Mazoka the first president of UPND managed to rise from the floor of politics to 27% within three (3) years. We contend therefore that the upward climb required for the UPND is within reach.
Argument 2
The second reason Muhabi gives us is, ‘taking into consideration current trending data, it is highly unlikely that UPND will make any significant gains on the Copperbelt and Northern provinces.’
Since Patriotic Front (PF) ascended to power in 2011, there have been only two Parliamentary by-elections on the Copperbelt namely, Mpongwe and Kafulafuta.
I reproduce both the 2011 general election results and the by election results to see whether Muhabi’s assertion hold true.
Kafulafuta Constituency 2011
MMD
5889
58.81%
PF
2953
29.49%
UPND
216
2.16%
Kafulafuta by elections
UPND
2504
47.4%
PF
2407
45.65%
MMD
32
0.6%
Mpongwe Constituency 2011
MMD
7,843
53.30%
PF
5,077
34.50%
UPND
1,471
10.00%
Mpongwe by election
PF
4,600
49.63%
UPND
3,069
33.11%
MMD
901
9.72%
According to available data, the UPND managed to outperform the MMD which had earlier won the seat during the 2011 general election.
It is interesting to note that in Mpongwe the UPND increased its performance by 23.11% and in Kafulafuta by 45.24%. These increases cannot be referred to as insignificant they are exponential leaps! Therefore the assertion by Muhabi that UPND cannot make significant gains on the Copperbelt is dismissed with the contempt it deserves.
The fact that UPND won Kafulafuta and lost Mpongwe narrowly means that the Copperbelt has become a new hunting ground for the UPND. Further, the UPND managed to beat the PF in a local government by election in Chililabombwe.
Available data also shows that the UPND has now leap frogged the MMD in electoral results in the Northern Province. The last council election in mpulungu attests to this. History also teaches us that Mr. Sata increased his votes in western province from 5% in 2006 to 22.9% in 2011. This represents an upward swing of 17.9% within a 5 year period in an area that wasn’t leaning Mr. Sata’s way for years. If it could happen for Mr. Sata, it could happen for any candidate as long as he works hard and it is God’s time. “The race is not to the swift nor the battle to the mighty but time and chance happen to them all”.
Zambia’s overseas based stars are in midweek action across Europe.
In France, Stopilla Sunzu will be in action on Tuesday evening for demoted Sochaux who visit Laval to play a cup game.
And on Wednesday in Russia, midfielder Chisamba Lungu and Ural host league leaders Zenit St Petersburg in their third game of the season.
Chisamba heads into the match on a high after scoring the equaliser in Ural’s 1-1 home draw on Sunday against Krasnodar to give his club its first points of the season.
Meanwhile in Switzerland, midfielder Nathan Sinkala too will be in action on Wednesday night when Grasshopper visit Young Boys.
Like Chisamba, Sinkala’s club is looking for its first league win for the 2014/2015 season.
Nkana duo Ronald Kampamba and Christopher Munthali have been released from Zambia’s training camp due to injury.
Kampamba and Munthali were dropped on Monday barely 24 hours after the home-based team kicked off its monthly three-day training camp in Lusaka.
“I think it is important to give them time to recuperate. It is pointless to take them through the paces that we are doing when they are still in pain,” Zambia team physician Dr Joseph Kabungo said.
Kampamba has a leg injury while Munthali is suffering from a groin problem.
Meanwhile the team was joined yesterday by the Zesco United trio of defender Nyambe Mulenga, midfielder Justin Zulu and striker Jackson Mwanza after they arrived back from Tanzania where they were invited for a friendly by Simba SC and that the Ndola club won 3-0 on Saturday.
The team wraps up its monthly get-together on Wednesday afternoon with a planned training match.
SOLWEZI CENTRAL Parliamentarian by-elections MMD candidate Lucky Mulusa (left) filling in nomination papers in the solwezi council chambers as returning officer Seral Lunda (right)and assistant returning officer Geoffrey Kamiji (left) look on in Solwezi
Five out of six candidates contesting the Solwezi Central seat have successfully filed in their papers at the just ended nomination day.
NAREP candidate failed to file in the papers as the candidate did not show up by 09.00 at Solwezi civic centre which was the centre for filling in nominations.
But NAREP National Secretary Jevan Kamanga told ZANIS in an interview in Lusaka today that the party did not give the candidate an adoption certificate because he did not follow proper procedure.
Reverend Kamanga who did not disclose the name of the candidate said the candidate did not meet the party standards hence he was not endorsed.
UNIP candidate Mary Katiki was first to file her papers after NAREP.
The PF has fielded Newton Malwa who was second to file in his papers at around 11.00hrs
By 12 hours, the United Party for National Development (UPND) was in confusion as two aspiring candidates showed up to file in their nomination papers.
Electoral Commission of Zambia (ECZ) officials sent back the two, Dawson Kafwaya and former area Member of Parliament Watson Lumbe and advised the UPND leadership to put their house in order before their candidate could be allowed to file in the nominations.
However, the UPND managed to file in their nomination papers as the last after resolving their earlier dispute.
They party settled for Dawson Kafwaya who successfully filed in his papers.
And former Solwezi Central MP Lucky Mulusa is recontesting the seat on the MMD ticket and successfully filed in his papers at 1300.
The forum for democracy and development (FDD) is also contesting the seat and its candidate Nathan Mulonga successfully filed in his papers at 14 hours.
ECZ Returning officer Sara Lunda officially closed the nomination centre at around 1503 hours.
All the candidates have promised to foster development in the constituency.
The Solwezi Central seat fell vacant following the nullification of results in the 2011 polls by the courts of law.
President Michael Sata will stay away from the forthcoming SADC summit to be held in the Zimbabwean resort town of Victoria Falls.
Foreign Affairs Minister Harry Kalaba announced that President Sata has since appointed him to represent Zambia at the annual summit.
Mr Kalaba said this on Let the People Talk radio programme on Radio Phoenix adding that President Sata has the right to delegate any member of cabinet to represent him at international gatherings.
He said there is nothing irregular about President Sata missing some international engagement adding that it actually works as a cost saving measure.
The Foreign Affairs Minister has also revealed that President Sata has even delegated someone else to attend an international summit in Vienna, Austria in September.
“It is also good when the President does not travel a lot because the cost associated with presidential trips is colossal. So Zambians should infact be happy that the PF Government is saving some money by having President Sata delegate some of these functions to the Vice President and Ministers,” Mr Kalaba explained.
He also maintained that Zambia is held in high esteem by the international community judging by the way people speak highly of Zambia.
Mr Kalaba also stated that the lack of state visits since 2011 does not translate mean that Zambia’s diplomatic credentials are falling.
“It is incorrect to state that since we are not receiving visitors then our credentials are weak. We still have an impeccable record in human rights and promotion of people’s freedoms. You can just see how the Vice President His Honour Dr Scott was arranged to sit close to President Obama at the US Africa summit dinner at the White House, such things don’t just happen if you are not good on human rights,” he said.
Beloved actor Robin Williams has died aged 63 from an apparent suicide, California police have confirmed.
The actor, famous for films including Mrs. Doubtfire, Dead Poets Society and Good Morning Vietnam, appears to have died from asphyxia and both his wife and family have released statements after his tragic passing.
It’s reported he was found around midday and the police were called by his devastated wife, Susan Schneider, who has issued a statement asking for privacy and that fans remember the joy and laughter he gave to millions.
“This morning, I lost my husband and my best friend, while the world lost one of its most beloved artists and beautiful human beings, it began.
I am utterly heartbroken. On behalf of Robins family, we are asking for privacy during our time of profound grief.
As he is remembered, it is our hope the focus will not be on Robins death, but on the countless moments of joy and laughter he gave to millions.”
A press statement from the Marin County Sheriff¡s Department in California also read: On August 11, 2014, at approximately 11.55am, Marin County Communications received a 911 telephone call reporting a male adult had been located unconscious and not breathing inside his residence in unincorporated Tiburon, California.
The Sheriff¡s Office, as well as the Tiburon Fire Department and Southern Marin Fire Protection District were dispatched to the incident with emergency personnel arriving on scene at 12pm.
The male subject, pronounced deceased at 12.02pm has been identified as Robin McLaurin Williams, a 63-year-old resident of unincorporated Tiburon, California.
An investigation into the cause, manner, and circumstances of the death is currently underway by the Investigations and Coroner Divisions of the Sheriff¡s Office.
Preliminary information developed during the investigation indicates Mr Williams was last seen alive at his residence, where he resides with his wife, at approximately 10pm on August 10, 2014.
Mr Williams was located this morning shortly before the 911 call was placed to Marin County Communications.
At this time, the Sheriff¡s Office Coroner Division suspects the death to be a suicide due to asphyxia, but a comprehensive investigation must be completed before a final determination is made.
A forensic examination is currently scheduled for August 12, 2014 with subsequent toxicology testing to be conducted.
A statement has also been issued by his devastated family, with their representative Mara Buxbaum saying: Robin Williams passed away this morning. He has been battling severe depression of late.
This is a tragic and sudden loss. The family respectfully asks for their privacy as they grieve during this very difficult time.
File: Defamation of the President:Fr Frank Bwalya arrested for calling the president chumbu munshololwa( sweet potato which not be bent).He was later acquitted
Residents of the border town Chirundu have joined other petitioners from various districts calling on the Legal and Justice Sector Reforms Commission to repeal the Public Order Act and the Defamation of President Law in order to
accord citizens freedom of assembly and expression.
Nelson Simunji is one of the residents who complained about police brutality as a result of the existence of the Public Order Act and the Defamation of the President Laws that are contained in the Penal Code.
Mr Simunji told the Commission that the Defamation of the President clause contradicts the provisions of the Constitution in Article 20 hence should be abolished so that the citizens of Zambia can freely criticise their President without the fear of being arrested by law enforcement agencies.
File:Nevers Mumba and 4 Members of Parliament arrested under the public order act for visiting Chief Nkana in Kitwe.They spent the night in Kamfinsa prison.December 2012
He noted that citizens were being arrested for merely expressing their opinion on the President and other public figures.
The petitioner said the Defamation of the President Law should be completely abolished because it is a colonial law and has no place in the books of the country’s statutes.
Article 20 of the Zambian Constitution provides that except with his own consent, a person shall not be hindered in enjoyment of his freedom of expression, that is to say, freedom to hold opinions with interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons and freedom from interference with his correspondence.
[pullquote]
Citizens of Zambia should freely criticize their President without the fear of being arrested by law enforcement agencies.
[/pullquote]
The Chairperson of the Commission stated that the Article on Defamation of the President does not criminalize criticism of the President but bring the name of the President into hate or disrepute is what the article provides as an offence.
He added that sometimes the laws are right but the application of the laws by the police is what makes laws seem to be bad, citing the case in which Father Frank Bwalya was arrested by police but later acquitted by the courts of law for allegedly defaming the President as one such example.
Mr Simunji also submitted that the Public Order Act be repealed to allow citizen to have freedom of assembly and noted that the police are biased in the application of the law as they favour the ruling party while members of the opposition political parties are brutalised for assembling without a permit.
Another petitioner, Gilbert Makasa, submitted that government should decentralise the office of the Legal Aid Board to various districts so that members of the community who cannot afford to hire a lawyer can be represented in courts of law.
Mr Makasa noted that services of the Legal Aid Board were lacking in Chirundu and many other districts in the country and further submitted that promotion amongst judicial officers especially justices should be on merit and not on nepotism as doing so was killing the judicial system of Zambia.
Chirundu district is one of the districts that were recently created by President Michael Sata in his quest to decentralise governance of the nation.
Chirundu town, the district headquarters of Chirundu District is at the border with Zimbabwe and is a key point on the Great North Road as it is the site of two of the five major rail bridges across the Zambezi River.
The decision by some Members of Parliament to donate their gratuities to their constituencies for developmental purposes has apparently upset some of their colleagues.
In interviews in Lusaka, some MPs who opted to remain anonymous stated that the gesture by Matero MP Miles Sampa and his Kasama Central counterpart Geoffrey Mwamba is egoistic and does not serve the interests of the people.
The MPs added that it is unwise for Mr Sampa to do with business with the people that voted him into office saying his taxi initiative is a business venture.
“As for GBM, we know we followed suit as a way of getting at Miles. You know the rivalry between the two. People should also not forget that GBM also announced a similar donation just before the 2011 election that he was giving away his gratuity and he actually never did, these pronouncements are not new,” one MP from the opposition UPND stated.
Another MP warned that the gesture by the two Parliamentarians might backfire once people get to know the details of the initiatives.
“Just look at Miles, he uses poor boys from Matero to work for him and they cash in every week about K 500 over a two-three year period. That is not empowerment but slavery and soon these boys will realize that they are being used by a clever MP,” he added.
Another one revealed that most MPs who supported the motion by MMD Mafinga MP Catherine Namugala feel insulted by the move by the two Parliamentarians.
“Most MPs are upset that these two have embarrassed them. If Miles and GBM really wanted to give back to the people, they should have also given up their allowances so that the level of contribution through gratuity would have been big,” another MP from a rural constituency stated.
