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CIVIL Society Organisations (CSOs) yesterday given out a two weeks ultimatum to the Technical Committee on Drafting the Zambian Constitution (TCDZC) to release and hand over the document to the Head of State and other stakeholders.
The stakeholders who were attending a three day workshop at Longview Lodge organized by the Citizens Forum (CF) said Zambians have waited for new constitution for too long adding that the final draft constitution should be handed over to Republican President Michael Sata.
“ We demand that the “final draft” constitution be handed to the president, Zambians and any other stakeholders simultaneously by 30th august, 2013. We, the people of Zambia are ready to “Vote Yes”,”said a press briefing read by United Church of Zambia (UCZ) Livingstone Reverend incharge Jane Kaluba yesterday .
The civil society said the technical committee must reflect the will asnd aspirations of the Zambian people saying the people of Zambia were ready to vote ‘Yes’.
They stated that the Referendum Act of 1969 be revised in line with current realities of constitution making as well as be harmonized with the Electoral act.
“We demand that the President of the Republic of Zambia forms the Referendum Commission by or before 15th September, 2013. Once set up the Referendum Commission should comprise women, youth and persons with disabilities. We, the people of Zambia are ready to “Vote Yes”they demanded.
They stated that previous attempts to expand and include the socio-economic and cultural rights were not reflected in the Bill of Rights.
They stated that since the Government was pro-poor, there was need for the Zambian people to vote ‘yes’ once the socio-economic and cultural rights were included and expanded.
“We also demand for deliberate efforts towards coming up with a constitutional reform act which will deal with all matters related to the constitution reforms as opposed to other legal provisions provided for in the current constitution such as the inquiries act which tend to give the executive the final say on the outcome,”they stated.
FILE: President Sata with little children , and to the far left is PF Candidate for Kapiri Eddie Musonda, Central Province Minister Phillp Kosamu and Commerce Minister Emmanuel Chenda in Ngambwe area during his campaign tour for the Kapiri by-elections in Kapiri, April 13, 2013.
Retired teachers in Serenje District have given Central Province Minister, Philip Kosamu, a vote of no confidence, saying he is not fit to be a Member of Parliament because he has abandoned his electorates.
The former teachers told ZANIS in an interview yesterday that Mr Kosamu has never been to his constituency to address the major issues going on in his area.
They attributed the recent happenings in Serenje where students burnt school property worth millions of Kwacha to lack of proper leadership by the area Member of Parliament who, according to them, has neglected his electorates and whatever concerns them.
District Chairman of the Retired Teachers Association, Ewen Chansa, said Serenje District was currently a hub of confusion because Mr Kosamu has no relationship with the people.
Mr Chansa advised Mr Kosamu to get back to the drawing board and consult with the locals on how best he could arrest the strange happenings in the district before it is too late.
He said Mr Kosamu’s lack of commitment and dedication to improving the livelihood of the people in his constituency has sent a wrong message about him to the people and is equally setting a bad precedence about the Patriotic Front (PF) government in the area.
”All these unrelenting fights and riots pertaining in the district are as a result of poor leadership being exhibited by our Member of Parliament who is a minister today because the people voted for him, ”he said.
And the people of Luomba Farm Block, who have been displaced following the seizure of land by a Zimbabwean white farmer in the name of Vickas Billy, said they are disappointed with Mr Kosamu because they expected him to come to their aid considering that they took him to Parliament.
They complained that it is painful that while they sleep outside in the cold, their Member of Parliament has abandoned them at the expense of their votes.
One of the displaced people, Mosson Chitwa, appealed to Mr Kosamu to visit Luomba Forest Reserve which has become their shield and help address the issues they are currently faced with.
Mr Chitwa said the displacement has rendered them homeless and that they have no basic needs such as water, shelter and food.
”We want our MP to come and see how we, the people that voted for him, are leading our lives while he sleeps comfortably in a government house. We sleep on empty stomachs while he eats and yet he knows that we have been chased from our indigenous homes by the wicked white
farmer,” he lamented.
Mr Chitwa has, however, appealed to government at large to look into their plight, saying he is hopeful that just because one person has failed them does not mean the entire government is against them.
Mr Kosamu has continued to face ridicule from his electorates who feel he has forgotten the very essence he want to Parliament by failing to represent them adequately.
Ghana midfielder Sulley Muntari says The Black Stars are ready to end their recent agonising run against Zambia on September 6 in their final 2014 World Cup Group D qualifier in Kumasi.
Ghana need at least a point to advance to the final playoff qualifying stage while Zambia must win to reach the last 10.
“We want to go to Brazil and we are focused on qualifying,” he told
FIFA.COM.
“We are committed to that goal. We are ready for them and we want to make it big this time.
“They have troubled us for a long time, they have given us sleepless nights.”
Zambia have beaten Ghana in the two teams’ last meetings that came last year.
Zambia defeated Ghana 1-0 in the first leg fixture in Ndola in June, 2012 and by the same margin in the 2012 Africa Cup semifinals in Bata.
The Bank of Zambia (BOZ) says it will now strictly scrutinize all external loans servicing in the country after discovering that some of the debts are being contracted at high interest rates of up-to 35 percent on the US dollar.
BOZ Governor Michael Gondwe says it is unacceptable to contract external debts at such interest rate level when the interest rates on the international market are much lower and the US dollar lending rates in the country are also below 35 percent.
Dr. Gondwe, who could not name those charging exorbitant interest rates, notes that such a trend could be a move by some companies to avoid and evade payment of taxes.
Dr. Gondwe however states that the Central Bank will leave the tax aspects to the Zambia Revenue Authority to ascertain the tax implication of the said high interest rates being charged and related party loans.
The BOZ governor was speaking this morning at media briefing where he was highlighting the performance of the Statutory Instrument (SI) no. 55 from the time it was effected to-date.
And Dr. Gondwe has also disclosed that the Central Bank is in the process of establishing an appropriate electronic reporting and monitoring system to implement the requirements of the SI no.55 regulations.
He notes that the electronic reporting and monitoring system will have linkages to other government agencies responsible for the collection of revenue and administration of the import and export formalities.
Government says Forum for Democracy and Development leader Edith Nawakwi is under pressure to show her relevance on the Zambian political scene hence her baseless attacks on the Government.
Acting Chief Government Spokesperson Fackson Shamenda says Ms Nawakwi’s political popularity can only be gained by shouting at Government and not giving constructive criticism expected of an opposition leader.
Mr Shamenda says because she is preoccupied with throwing empty salvos at the Government,the FDD leader has become too blind to see the number of achievements the Government is scoring in different sectors, including labour and social security.
He adds that the only mess that can be talked about in the labour sector is the one the PF inherited from the MMD and that Ms Nawakwi should commend the PF government which has cleaned up the mess in less than two years.
He says Government has, and continues to score landmark successes in the labour sector through the implementation of various policies and programmes aimed at making the sector contribute meaningfully to the economic development of the country.
Mr Shamenda points out that this can be seen from among other achievements, the creation of over 300,000 jobs in various sectors of the economy since the Patriotic Front came into office 23 months ago.
He says this is an indication that Government’s economic policies are on track towards achieving the long term macro-economic objective of creating one million jobs by 2015.
He adds that tremendous progress has also been made to comprehensively reform the labour laws in tandem with the emerging trends on both the local and international labour markets.
Mr Shamenda says the process has been highly consultative and inclusive of all stakeholders in coming up with labour laws that will not only stand the test of time, but also protect and promote the workers’ rights and spur robust economic growth in the country.
He states that Government expects to conclude this process before the end of the year.
Mr Shamenda has since advised Ms Nawakwi to tame her appetite for falsehoods against the Government.
FILE: Students from the Copperbelt University protesting against management
Copperbelt University (CBU) has been closed indefinitely following a spate of riots that rocked the institution since Sunday.
The riots were sparked by management’s decision to ban squatting at campus and further following the suspension of five students’ union leaders who were accused of inciting their fellow students to boycott classes and allegedly beat up a lecturer who was found conducting classes.
CBU vice-chancellor Naison Ngoma announced the closure at press briefing held at the campus in Kitwe today.
Prof Ngoma said the decision to close the second highest institution was arrived at after an emergency senate meeting convened earlier today.
“As of today the school has closed following the chronological events of riots. The school has closed until further notice and all students are required to surrender university property,” Prof Ngoma said.
The vice chancellor also said that he was affected by the two demands by some Patriotic Front (PF) officials that he steps aside and that he privately owned a boarding house.
He said there was no reason for him to resign because he believed he had managed the affairs of the institution well as he believed this was a challenging job.
Prof Ngoma warned that action would be taken against any management that would be found to have been behind the confusion at CBU.
Meanwhile, Patriotic Front (PF) in Kitwe has joined the others in urging the Copperbelt University (CBU) management to re-instate the five student union leaders that were suspended for allegedly inciting students to boycott classes.
PF Kitwe District chairman Alfred Kaira said the approach being used by management to ban squatting at the institution was putting undue pressure on the Government.
Mr Kaira said in a statement in Kitwe today that Government had given instructions to begin preparatory works under the Private Public Partnership programme to construct new hostels.
He said students should be allowed to share bed spaces and urged them to avoid damaging public property.
National Restoration party (NAREP) president Elias Chipimo junior says he is extremely disappointed with the current attacks on the law association of Zambia (LAZ).
Speaking during a media briefing in Lusaka this morning, Mr.Chipimo stressed that the attacks on the law association of Zambia are totally unjustified and unacceptable.
Mr. Chipimo points out that it is unfortunate that politicians want to jump on a bandwagon to control any institution which he says is uncalled for.
The NAREP leader who is also lawyer by profession says LAZ is a credible institution and is more united than ever before.
Mr.Chipimo has also expressed concern over the continued riots at the Copperbelt University due to lack of accommodation.
He notes that there is need for government to serious plan on how best they can resolve accommodation crisis in all higher learning institutions.
And Mr. Chipimo has expressed concern over president Michael Sata failure to address the Zambian people on the many challenges affecting the nation.
President Michael Sata has suspended Copperbelt Police Commissioner Mary Tembo with immediate effect.
This is according to a statement released by Home Affairs Minister Edgar Lungu.Ms Tembo is alleged to have received a Toyota corolla worth K15 000 from a named mining company for her personal use without declaring it to her superiors.
Mr. Lungu said in view of allegations of corruption levelled against Ms. Tembo,President Sata has with immediate effect suspended her from exercising the powers and functions of her office.
Mr. Lungu said Ms Tembo cannot continue carrying out her duties because the alleged act of converting a motor vehicle or indeed any property donated by well-wishers to personal use without declaring that property to superiors contradicts the code of ethics for the public service.
He said the code of ethics for the public service states that a public service employee shall not accept gifts, rewards or hospitality or receive benefits of any kind from any person or organisation which might compromise or reasonably be seen to compromise one’s personal judgment or integrity.
He said the matter has since been handed over to the Anti-Corruption Commission for investigations.
Mr. Lungu added that President Sata has re-deployed Lusaka Province commissioner, Ms Joyce Kasosa to act during the investigations.
File:An unidentified woman and her daughter selling vegetables and other foodstuffs at Kapapa market in Chipata, Zambia
The Jesuit Centre for Theological Reflection says it is important that the government is seen to manage the budget deficit in ways that do not worsen the livelihoods of the majority poor.
JCRT Social Conditions Programme Manager Daniel Mutale said while the government made assurances that the perceived budget deficit is within manageable limits, it should take steps that do not worsen the living standards of the poor.
Different sections of society have expressed fears suggesting a looming or actual budget deficit beyond the 2013 budget provision of 4.5% of Gross Domestic Product (GDP).
[pullquote]the cost of basic food items which increased significantly by about 23% during the period January to July 2013[/pullquote]
But Mr. Mutale stated that care must be taken that the remaining 2013 budget is managed within the manageable projected deficit level of 4.5% of GDP.
He urged that the government should manage any such deficit, which may arise, in such a way that the majority poor’s ability to afford basic necessities is not worsened than it already is.
Mr. Mutale said the cost of living for the month of July 2013 as measured by the JCTR’s Basic Needs Basket for an average family of five living in Lusaka stood at K 3,638.42.
“The July 2013 Basic Needs Basket total has decreased by K 46.04 compared to June 2013 when the basket was K 3,684.46. However, taken as a cumulative figure, the total Basic Needs Basket has increased by K 168.74 from the commencement of the 2013 budget implementation in January 2013 when the Basic Need Basket stood at K3, 469.68,” he said.
“Worth noting is the cost of basic food items which increased significantly by about 23% during the period January to July 2013. Cumulative increases in the cost of basic food commodities such as mealie meal, dry fish and beef by K 7.51, K25.5 and K3.03, respectively, partially explain the increase.”
‘That the cost of basic food items has considerably increased before corresponding increases of some workers’ salaries is effected is worrisome,’ noted Mr. Mutale.
He added that the substantial increase in the cost of basic food items has taken place half-way in the implementation of the 2013 budget.
“Managing the budget cautiously will not only ensure avoiding financing a huge budget deficit but also prevent resultant potential increase in inflation which may constrain the already struggling households. “
Former Defence Minister George Mpombo has charged that Zambia has lost its global reputation in the two years the Patriotic Front government has been in power.
Mr Mpombo who is also former Zambian deputy High Commissioner to Nigeria said the country’s association with countries considered rogue states such as North Korea has not helped the country’s global image.
He said it is an embarrassment for Zambia to associate itself with a country like North Korea known for its poor human rights record.
And Mr Mpombo says the PF’s two years in power is a failure.
He noted that the ruling party has abandoned programmes outlined in the manifesto resulting in its failure to deliver on campaign promises.
Mr. Mpombo added that the country is currently in economic darkness as a result of the PF government’s failure to govern.
Meanwhile Opposition United Party for National Development (UPND) vice President Cannicius Banda has charged that the ruling Patriotic Front has lost the legitimacy to govern.
Dr Banda said the PF has lost legitimacy to government the country based on the many unfulfilled promises they promised the Zambian people in the run up to the 2011 tripartite elections.
He said the Zambian people based their judgment to usher the Patriotic Front into power on the numerous promises made to them which have proved to be mere rhetoric.
Dr Banda added that the PF’s foundation for governing the country is based on alleged lies which takes away their legitimacy to continue governing the nation.
Speaking to Qfm News, Dr Banda further expressed sadness at the government’s failure to diversify the economy from being over dependent on copper.
He further lamented that the Kwacha has continued losing ground against major foreign currencies.
Mr. Terry Musonda, a spokesman for the judiciary of Zambia issued a statement in which he purported to clarify the issue that had engulfed our nation in recent days. The issue has been whether a respondent in an election petition, whose seat gets nullified, by the High Court should also, by strength of the same judgment, be barred from re-contesting that seat.
Before Mr. Musonda’s press statement, several stakeholders had given their position on the matter. The Law Association of Zambia (LAZ) had issued a statement to the effect that without a report from the High Court instructing the Electoral Commission of Zambia, the ECZ cannot on its own bar any candidate from contesting. The ECZ itself had issued similar statements stating that according s.22 read with ss 104 to 107 of the Electoral Act (2006), the elections body could only act after it receives a report from the High Court specifically addressing these matters. In the absence of such reports the ECZ cannot bar any candidate.
I had written earlier, supporting, the ECZ position. I had also indicated that indeed with regard to s.22, there are two situations under which a candidate could be barred. First, it could be through a conviction for electoral corruption and secondly, through a report from the High Court specifically made for this purpose. The Patriotic Front, however, with their Secretary General Mr. Wynter “One-Party State” Kabimba have piled even more pressure on ECZ to block these candidates from re-contesting their seats.
By raising these issues, the Patriot Front has been targeting MMD’s Dora Siliya, Mtolo Phiri and Maxwell Mwale whose seats where nullified on account of electoral corruption and other illegal activities. Indeed, all these candidates have varied degrees moral culpability with regard to the nullified elections.
Why the Press statement from Judiciary made no legal sense
The purported statement from the judiciary signed 8 August 2013, by Mr. Terry Musonda makes no legal sense at all. President of the Law Association of Zambia, Mr. James Banda, has been swift to condemn this press statement and to declare that this statement does not have the force of law and as such should be ignored. For the following reasons, I would agree with LAZ.
Terry Musonda overstepped his mandate
First, Terry Musonda has overstepped his mandate. The mandate of a spokesman for the judiciary is an honorable one. It includes the duty to run the public relations department of the judiciary. It must be mentioned here that the role of such an officer is to be the support staff to the judiciary in general and specifically to all the players within that system. The judiciary does not just comprise the Supreme Court but rather the whole hierarchy in our court system. The spokesman serves these men and women who serve in the judiciary. Among other things, Mr. Musonda should be looking at ways to interact with the public and with the media. His mandate does not include making pronouncements that border on constitutional and administrative law. In that role of spokesman for the judiciary, his role does not extend to serving as a judge or as a court.
Terry Musonda’s unbalanced view of the High and Supreme courts
Second, Terry Musonda has a very unbalanced view of the role of the High Court and indeed the Supreme Court with regard to elections. As a support officer, and not a principal judicial officer, Mr. Musonda should have exercised restraint not to bloat out a clear misunderstanding of the High Court’s role. Obviously, he misses a few things over the judiciary he purports to be speaking for. In our system of government the Judges play several roles. Their primary role is that of being judges or adjudicators. Their courts have inherent jurisdiction to resolve legal matters brought before them. Additionally, judges have a statutory legal role as well.
However, in addition to this judicial role, several judges do have an administrative role to play within our democracy. For example, when the Chief Justice serves as the returning officer for presidential elections, he is not doing so in his judicial capacity (constitutional law) but in his administrative capacity (administrative law). In the same way, the Electoral Act 2006 grants the High Court some administrative duties to make a report on illegal practices it finds during a petition and send that report to ECZ for further action. Terry Musonda cannot say that this administrative role has been overtaken or superseded by the judgment of the Supreme Court. When the Supreme Court hears an appeal of a petition, it is doing in its judicial capacity. However, it still remains within the administrative capacity of the High Court to make the report to the Electoral Commission of Zambia if the High Court deems so.
If Terry Musonda meant that the Supreme Court rulings did in fact, curtail the administrative role of the High Court in delivering these reports, then he is insolently mistaken. Just where he got the idea that Supreme Court ruling invalidates the power of the High Court to issue these reports is a mystery perhaps that can only be resolved by asking midnight oil he burnt when he crafted this badly written statement.
Terry Musonda’s overkill
Third, Terry Musonda then goes for the overkill by stating the obvious. It is true that the Supreme Court rulings are binding on all. But it is not only the Supreme Court rulings which are binding. In fact, strictly speaking it is the rulings of the High Court which are binding unless challenged by the Supreme Court. The issue here was not that any one had been disputing the ruling of the Supreme Court. There was no such thing. Mr. Musonda dreamt up this matter and decided to include it in his statement at midnight.
A very senior member of the Zambian High Court chairs the Electoral Commission of Zambia itself. Deputy Chief Justice Ireen Mambilima as chairman of the ECZ is very aware of the nuances that Terry Musonda seems to be instigating in his press statement. The thought that a commission chaired by his boss could not understand its true mandate is indeed scandalous.
Rulings and not press statements are legally binding
Fourth, Terry Musonda, is commenting on some issues that are subject of a court action. This does not appear too well that a non-judicial officer is making pronouncements on some matters that are before a competent judge. Musonda need reminding that while the judiciary is an institution, the legally binding declarations of the judiciary are not press statements, but rulings of a competent court. Regardless of how Musonda thinks of himself, he is not a court and in fact, the judiciary he is claiming to represent is not the court of law. There is nowhere where anyone refers to the ruling of the judiciary. We always refer to the rulings of the courts. And so Musonda is wrong to the extent that he thinks that speaking for the institution of the judiciary gives him license to comment on matters that can only be handled by the competent court.
That being the case, Mr. Terry Musonda and officers like him do have a role in our institutions. These institutions can only run effectively if support staff are raising good standards in administration. As for this particular episode, Mr. Terry Musonda should be ruled offside. Or may be we should say his boss the honorable acting retired Chief Justice has gone beyond offside and what she really needs is red card. Her game should be over.
(c) 2013, Elias Munshya wa Munshya is not a member of the Zambian Bar. Specific legal advise should be sought from members of the bar. This article is for educational purposes only and does not intend to convey legal advise.
Coach Herve Renard is content with Zambia’s 1-1 draw against Senegal in Wednesday night’s friendly played in Paris.
The Teranga Lions came from behind to finish 1-1 against Chipolopolo.
Renard said Senegal was a good opposition for Zambia ahead of his team’s September 6 must- win 2014 FIFA World Cup qualifier against Ghana in Kumasi.
“The final result is not the most important thing in a match of this nature,” Renard said.
“Senegal provided good opposition for us ahead of Ghana match. They have very athletic players I believe they will qualify for Brazil 2014 and we shall try to follow suit.
“This was a good test for our local players. We will continue working with this crop of players although some of them might not be ready to play at the highest level.”
Renard gave starts to three local players Kondwani Mtonga, Bronson Chama and Christopher Munthali .
And Senegal coach Alain Giresse saluted his charges for forcing a 1-1 draw against Zambia.
“We have achieved our goal because everyone played. The boys have done well, those playing in the team for the first time adapted well. They took their chances well. It was good,” Giresse said.
Zambia took the lead in the second minute through striker Jacob Mulenga before Lokomotiv Moscow striker Dame Ndoye leveled scores six minutes later.
I wish to express my displeasure over what is happening in Kabompo. The two Lions have continued terrorising the area without much action by ZAWA(Zambia WildLife Authority) . If ZAWA has no Chopper they must hire one from the Zambia Air force to track these marauding beasts. Prevention is better than cure. We do not want to lose any person in the area. To make matters worse people have stopped going to their fields in fear of the lions. We are in the maize marketing season but people can’t go and get their maize for fear of these beasts. Are animals more important than people? People have complained bitterly but its like nothing is happening. Let us be serious and I urge the Minister of Tourism to look into this matter seriously.
Judge Lovemore Chikopa
SUSPENDED High Court judges Nigel Mutuna and Charles Kajimanga have applied for an order to commence contempt proceedings against Malawian Judge Lovemore Chikopa for allegedly disobeying the court order that stayed the tribunal proceedings.
The duo stated that the stay was ordered on June 5, this year but notwithstanding the order of the court, Mr Chikopa had continued to engage in acts contrary to the Court’s order by issuing letters requesting witnesses to appear before the tribunal.
“With full knowledge of the Order of Stay of the proceedings of the said tribunal duly issued by the Higher Court, justice Chikopa continued to sit and chair the tribunal and conducted hearings in the month of July whereat evidence relating to the applicants was received from witnesses,” they said.
In their statement verifying ex-parte summons for an order for leave to commence committal proceedings against Mr Chikopa as chairperson of the tribunal and his secretary Chipili Magayane, the duo indicated that the alleged contemnors’ conduct of proceeding with the hearings notwithstanding the order for a stay was disobedience of court proceedings.
