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Chikopa tribunal: State to file application to challenge the blocking of the tribunal

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ATTORNEY General Mumba Malila
ATTORNEY General Mumba Malila

ATTORNEY General Mumba Malila says the State will file an application before Ndola High Court Judge Mwiinde Siavwapa asking him to discharge his ruling that granted two High Court judges leave to commence judicial review to challenging the legality of the tribunal constituted to prove their alleged professional misconduct.

Mr Justice Siavwapa on Wednesday granted Judge Nigel Mutuna and Charles Kajimanga an exparte application to start judicial review to challenge the legality of the tribunal and that the same should operate as a stay of the tribunal proceedings which were scheduled to start on June 18, 2013.

But Mr Malila said in an interview yesterday that the ruling of the Supreme Court was clear in that the proceedings of the tribunal could not be arrested as they were investigative in nature.

He said the Supreme Court ruling was clear in its judgment to the effect that President Michael Sata was within his powers to suspend the judges and subsequently set up a tribunal to probe them.

He said the essence of the application would be to ask the same Mr justice Siavwapa to interpret the meaning of the Supreme Court judgment and for him to subsequently discharge his ruling and allow for the tribunal sittings to go ahead.

His office was already in the process of preparing documentation which would be filed before court by Tuesday next week.

The two judges are seeking judicial review challenging the legality of the tribunal set by Mr Sata to probe the duo, together with Supreme Court judge Philip Musonda for alleged misconduct.

Sold-out Zambia-Lesotho tickets hit the streets

25

The “sold out” tickets for Saturday’s 2014 World Cup qualifier between Zambia and
Lesotho have resurfaced on the black market at exorbitant prices.

The cheapest tickets initially pegged at KR20 by FAZ are fetching as high as KR50 in the streets of Kitwe, Ndola and Chingola among other towns along the line of rail.

Official FAZ agents have run out of tickets for KR20 and KR30 while the KR100 tickets are still available.

Scores of fans hoping to buy the tickets for the northern and southern wings are now being turned away at selling points.

Individuals on the black market bought these tickets in bulk.

Ticket sales for international matches on the local football front is often chaotic.

World Bank is wrong to support the removal of fuel and maize subsidies-HH

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HH Speaking to Journalist after pearing for mention
HH Speaking to Journalist after pearing for mention

United Party for National Development (UPND) leader Hakainde Hichilema says the World Bank is wrong to support the removal of fuel and maize subsidies by the Zambian government.

Mr Hichilema has since challenged the World Bank Zambia office to prove him otherwise on the removal of subsidies by government.

He says those praising the removal of subsidies including high commissioners and ambassadors accredited to Zambia are being misled by the PF government.

And Mr Hichilema says the high cost of mealie meal and the instability of the kwacha against major foreign currency since the PF Government in 2011 is an indication of failed PF economic policies.

He points out that when the PF government took over power in 2011 a bag of mealie meal was costing K36, 000 kwacha, while the current price is stands at K70, 000.

Mr Hichilema adds that he is still waiting for a reply from President Michael Sata to his letter of 21st May, 2013 in which he raised concerns over the removal of subsidies.

He was speaking on 5-FM’s the Burning Issue this morning.

He explains that subsidies are part of any society, pointing out that big economies including the United Kingdom and the United States of America all have subsidies in place.

Mr Hichilema says the issue is not whether or not there will be subsidies, but how and where to apply subsidies.

The UPND leader states that to debate that the subsidies are not necessary is a sign of ignorance which says obtains among most PF officials.

He adds that subsidies are the future of any society and would help preserve jobs in the country.

Shamenda commends KCM for not pruning workforce

7

Government has commended Konkola Copper Mines (KCM) for rescinding its earlier decision to lay off over 2000 workers.

Labour Minister, Fackson Shamenda, said the shift by KCM not to lay off the workers is a clear testimony of its commitment of not only focusing on retention but also on the plight of its employees and their families.

Mr Shamenda also said he was impressed with KCM management’s commitment during the preliminary discussions with Government and union leaders among others on the matter of laying off its workers.

The minister, who was flanked by his deputy, Ronald Chitotela and other senior ministry officials, was speaking to journalists at a press briefing in Lusaka today.

Mr Shamenda further said it would have been unfortunate to lose such a huge labour force and thanked all stakeholders for addressing the issue with deep concerns.

Meanwhile, Mr Shamenda has warned that government will not entertain any local or foreign investors wilfully trying to lay off workers in the country.

Mr Shamenda has since called on other investors to emulate KCM’s gesture of upholding the dignity of the workers in the country and not only to focus on making huge profits.

He said government has provided a conducive environment for all investors to operate in, adding that it is ready to dialogue with investors on all matters pertaining to investment in the country.

Konkola Copper Mines (KCM) yesterday rescinded its decision to lay off 2000 workers.

ZANIS

Government set Kawambwa as Headquarters for newly created Marine Unit in Zambia Army

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Government has set Kawambwa District in Luapula Province as the National Headquarters for the newly created Marine Unit in the Zambia Army.

Luapula Province Minister, Benson Kapaya, says the Marine Unit has been established to provide military defence of the Country’s major water bodies such as Lake Mweru, Lake Tanganyika and the Zambezi River.

General Kapaya said this in Nchelenge when he met members of the District Development Coordinating Committee (DDCC) at the Council Chambers.

He said the Military Unit will be used to deter incursions by some of the neighbouring soldiers who are in a habit of harassing Zambian citizens.

The provincial minister assured the nation that the Marines are a well-trained unit that will help boost the defence system of the country.

Some of Zambia’s water bodies that border with neighbouring countries have over the years been experiencing insecurity.

Recently, a Nchelenge man of Kilwa Island on Lake Mweru was shot dead at point blank range by a soldier from the Democratic Republic of Congo (DRC).

ZANIS

Notsi-Lesotho is motivated to face Zambia

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Lesotho coach Leslie Notsi says playing against Zambia is a motivation to his team.

Speaking on arrival in Ndola on Thursday ahead of Saturday’s 2014 World Cup qualifier at Levy Mwanawasa Stadium, Notsi declared Lesotho ready to face Chipolopolo in Ndola.

He said Lesotho were in Zambia to win.

“Playing teams like Zambia is a motivation to young and upcoming countries to do well against them you know it is a motivation. We are here to win we have not just come here to play the fixture,” he said.

“I would say for this coming match on Saturday we are prepared for the game and at the same time we are aware that it is going to be a tough encounter but I believe my boys are physically and mentally ready for the game,” Notsi said.

He added:” The preparations have gone well, luck enough we also had an international friendly last Sunday against South Africa which of course we lost (2-0) but there were positives that we go from that match.”

The 32-member delegation from Lesotho landed at Simon Mwansa Kapwepwe International Airport in Ndola around 12:00 hours.

Lesotho regrouped last week and over the weekend warmed up for Zambia with a friendly match against South African which they lost by 2-0 in Masaru.

Zambia leads group D of the 2014 World Cup qualifiers with seven points, second placed Ghana are on six points while Lesotho have two points and bottom placed Sudan have one point.

RB to leave tomorrow for South Africa for the 2013 African Presidential Roundtable

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Former President Rupiah Banda
Former President Rupiah Banda

Former President Rupiah Banda will tomorrow morning leave for South Africa to attend the 2013 African Presidential Roundtable following the release of his passport.

The Boston University African Presidential Centre has re-booked the former head of State on tomorrow’s South African Airways flight departing Lusaka at 07:15 hours as the last flight today had already left by the time the passport was being released.

President Banda’s slot at the Roundtable has since been moved to tomorrow and he will, among other things, moderate in session-two under the subject “Making Government Work”, whose discussant will be former Mauritius President, His Excellency Karl Auguste Offmann.

He will also be in time for session-three to be moderated by former Zanzibar President Amani Abeid Karume under the title “Democracy: The Social Contract”.

President Banda will be accompanied to South Africa by his administrative assistant Mikatazo Wakumelo and former economic advisor Richard Chembe.

Other notable personalities attending the African Presidential; Roundtable are former Mozambican president Joaquim Chissano, former Tanzanian president Ali Hassan Mwinyi, former South African president Thabo Mbeki, former Kenyan prime minister Raila Odinga and Martin Luther King Jnr, a professor of ethical leadership at Boston University.

Earlier today, The Lusaka high court ordered that former president Rupiah Banda’s passport be released.
The ruling was made on Thursday by high court judge in charge Jane Kabuka.

The high court yesterday reserved ruling on the matter to today. In an interview with ZNBC News, Mr. Banda’s lawyer Sakwiba Sikota said the ruling will just be for the trip to South Africa.

He revealed that the defence team will be making applications every time the former head of state intends to travel. Mr. Banda’s passport will be in the possession of the surety Mikatazo Wakumelo.

Severe water shortage hits Kasama

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Chibolya compound women  residents gathered at the borehole to find solution to the water problem that has hit  Itezhi-Tezhi district - Copy (2) - Copy

A severe water shortage has hit Kasama forcing people to draw water from the shallow wells.

The residents who confronted ZANIS offices in Kasama yesterday said they have been experiencing the water shortage for some time now.The residents claimed that efforts to have the situation addressed by Chambeshi Water and Sewerage Company have not yielded any positive results.

One of the affected customers Mrs Musonda said the water shortage has persisted for more than a month now.
Mrs Musonda said previously water shortages were not as severe as was being experienced now adding that the residents have waited for too long without any signs of the problem being resolved while at the same time exposing them to disease out-breaks.

The residents have since demanded that the service should be taken back to the council if Chambeshi Water and Sewerage Company has failed to operate the water supply system.

They added that government should intervene in the matter as no alternative has been provided by the water utility company to maintain supply.
Areas affected by the water shortage are Location, Chimbote, Mulenga Hill, Namulungu, TAZARA and New Town.

And when contacted for a comment, Chambeshi Water Public Relations Manager Mutale Mwamba said the company is experiencing financial difficulties and is relying on contingency funds to buy spares to repair the broken down pipes.
[Zanis]

Embassies Are Wrong to Congratulate the PF’s One-Party State Subsidy

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Open Letter to His Excellency Akio Egawa, Ambassador of Japan to Zambia, His Excellency Mark Storella, Ambassador of the United States to Zambia, and His Excellency James Thornton, High Commissioner of the United Kingdom to Zambia

Your Excellencies,

We respectfully address this open letter toward your distinguished offices with regard to recent commentary published in the Zambian media on the recent removal of fuel and maize subsidies by the Patriotic Front (PF) government.

On May 21, His Excellency Ambassador Storella was quoted as saying “Right now your government is making hard decisions on agriculture and government had to make these hard decisions because you cannot keep on subsiding maize forever because the country can go bankrupt and, ultimately, farmers too.”[1]

On May 23, the Times of Zambia quoted His Excellency Ambassador Egawa, commenting “Government has made a tough decision which may cause pain on the part of the public but will contribute to the welfare of the people in the long term.”[2]

His Excellency High Commissioner Thorton was similarly quoted on June 4 as saying “I commend the Government of Zambia for tackling these subsidies. (…) It is better that money currently used for subsidies is used for more sustainable measures targeted to help the really poor and to promote development in Zambia.”[3]

[pullquote]It is also a mistake to assume that funds saved from the cancellation of these subsidies will be applied to development.[/pullquote]

On behalf of numerous Zambian citizens, including members of opposition parties and civil society organisations, the Coalition for the Defence of Democratic Rights (CDDR) wishes to register its disappointment with these statements, which may be based on mistaken assumptions regarding the motivations of the PF government. The CDDR requests that the diplomatic community take a stronger stance toward the deteriorating environment for civil and human rights in Zambia, rather than solely focusing on economic policy.

It is not our intention to enter into a debate over the short- and long-term costs of maintaining subsidies, and generally, we acknowledge the common sense notion that principles of unfettered market competition tend to produce the ideal efficiencies that eventually deliver the lowest prices to the poor.

However, it is a grave mistake to assume that the PF has undertaken this policy out of a desire to implement reforms or achieve any sort of efficiency. It is also a mistake to assume that funds saved from the cancellation of these subsidies will be applied to development.
The truth of the matter is that the fuel and maize subsidies have not actually been removed, but rather they have been transformed by the PF into the One-Party State Subsidy.

Far from running an austerity programme of reform, the PF government has spent prolifically since coming into power in 2011. For the 65% of Zambia’s 13 million citizens who live on less than $1.25 a day, it is not comprehensible how they should be chosen to carry the burden while at the same time the president can give himself and his cabinet salary increases of 100%,[4] initiate a re-nationalization and expropriation spree of numerous private companies,[5] while at the same time engineering an unprecedented 10 parliamentary by-elections, with more to come.

The sudden removal of fuel and maize subsidies by the PF is not a question of economics. It is a question of how the ruling party intends to fund its destruction of Zambian democracy.

It is unreasonable for foreign governments to ‘congratulate’ the PF on fiscal policy at a moment in which the president’s cabinet is bloated to more than 70 members. There extraordinary costs of keeping so many deputy ministers, many of whom are said to not even bother reporting to office and function more as ‘ghost bureaucrats.’ Each of these deputy ministers is given a brand new car, support staff, travel allowances, fuel allowance, a house or accommodation allowance and other financial disbursements, costing Zambian taxpayers millions of dollars.

The main reason why the PF has created the largest cabinet in the history of the Third Republic is because the awarding of these positions represents the key instrument of bribery to engineer the defection of opposition Members of Parliament from the Movement for Multiparty Democracy (MMD) and the United Party for National Development (UPND) to the PF, thus forcing the vacation of the seat and triggering a costly by-election which is usually snapped up by the ruling party.

The PF’s by-elections strategy, which is aimed at taking over a rubber-stamp majority in the National Assembly in order to pass a new constitution to re-implement the one-party state, is enormously expensive and has drained state coffers to the point that the leadership has ‘improvised’ – not planned – the cancellation of fuel and maize subsidies.

According to the Electoral Commission of Zambia (ECZ), the cost of holding these by-elections ranges anywhere from a minimum of 5 billion kwacha to a staggering 11 billion kwacha. The upcoming by-election in Feira will cost 7.7 billion kwacha, while on July 25 there will be another four by-elections in Solwezi East, Kafulafuta, Chipata Central and Mkushi North.[6]

The PF government is facing budget shortfalls due in part to the ad hoc creation of unplanned and unbudgeted new districts and ministries for political expediency (and ‘bribery’ of opposition MPs) which is draining the treasury.

The Ambassadors comment that it was ‘brave’ or ‘difficult’ for the PF to remove the subsidies. However that is not the case.
We ask that you consider the reasons behind the extreme haste and total lack of preparation or communication regarding the cancellation of subsidies, especially with regard to the social consequences. When the fuel subsidy was removed in April, prices shot up 21 per cent, while workers commuting to Lusaka saw at least a 1 kwacha increase in minibus fares – posing a sizable cut into the weekly salary for many poor people. As for mealie-meal prices, which have more than doubled since the election of the PF,[7] real issues of starvation and food riots may soon become a reality in many parts of the nation, with no provisions made by the government to protect the most vulnerable.

[pullquote]The truth of the matter is that the fuel and maize subsidies have not actually been removed, but rather they have been transformed by the PF into the One-Party State Subsidy.[/pullquote]

Were it possible for the United States to suddenly curtail the staggering $84.4 billion they have spent on corn subsidies between 1995 and 2012,[8] it would most likely be done in a carefully staged and planned manner, as to avoid a shock to the producers. If the United Kingdom were to cancel just one of the £3.5 billion subsidy programmes that it pays out to wealthy landowners, it surely would not disappear overnight without a plan.[9] Japan’s economic miracle of the past century is widely credited to its statist policies of subsidies for steel, machinery, electronics, chemicals, autos, shipbuilding, and aircraft industries.[10]

But in Zambia, where the subsidy removal has an immediate impact on citizens, not just producers, there has been no plan, preparation, or explanation, which has alarmed not just civil society organisations, but also industry.

According to a detailed statement by the Zambia National Farmers’ Union (ZNFU), while although they do not support subsidies on the consumption side, the way in which the PF has removed these programmes without any clear plan may lead to deeper problems:
Hh2>“It is very easy to remove subsidies because anyone can do it but what is simultaneously and urgently required is to put in place bridging measures to avert a food security calamity and more importantly to find solutions to the challenges facing our poor small scale farmers in the rural areas in order to keep them alive. An in-depth analysis and full appreciation of what it takes to be a farmer in a rural area where basic social amenities and services are nearly absent and even sophisticated business models flop should have been done, and in full consultation and dialogue with those that such a decision was going to affect.”

[11]

Finally and most importantly, the CDDR wishes to make Your Excellencies aware that many Zambian citizens are deeply disappointed with the diplomatic community’s failure to respond to a recent violent attack on a church in Matero by an alleged PF-organised militia. Civil society organisations such as the Foundation for Democratic Process (FODEP) and the Young African Leaders Initiative (YALI), as well as opposition party members had only gathered in this church because the PF denied their constitutional rights to organize an outdoor assembly under the Public Order Act. Then further to be violently attacked by a PF militia simply for debating the issue of subsidy removal further represents a flagrant violation of basic human rights that this government has become known for.

To be silent in the face of these violent incidences, but then only to come forward and praise the government for recklessly endangering the lives of Zambia’s poorest citizens in order to fund their takeover of every branch of government, is not helpful for the future of democracy in Zambia.
To be silent in the face of these violent incidences, but then only to come forward and praise the government for recklessly endangering the lives of Zambia’s poorest citizens in order to fund their takeover of every branch of government, is not helpful for the future of democracy in Zambia.
We understand that the principle of subsidy removal may be positive, but the reality is that this move is not going to produce any decrease in government spending in Zambia or improve balance of payments, but rather only re-direct this portion of the budget toward highly questionable political objectives to benefit the private interests of a very small coterie of ruling elites who are already in control of the main newspaper and one of the country’s largest banks. The sudden appearance of trained militias is but one product of the one-party state subsidy.

While recognizing the importance of strong bilateral relationships between Zambia and Japan, U.S., and U.K., and underscoring our continued commitment to cooperation and communication with your offices, we hereby respectfully request that the diplomatic community remain vigilant to the abuses of power by the current Zambian leadership and cognizant of the fragile condition of democratic freedoms in Zambia.

Yours faithfully,

Robert R. Amsterdam
International Counsel to the Coalition for the Defence of Democratic Rights (CDDR)

Passengers Association calls for stiffer penalties

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Mini bus sharing sidewalk with pedestrians because middle of road is flooded
Mini bus sharing sidewalk with pedestrians because middle of road is flooded

Passengers, Pedestrians, Cyclist Association of Zambia (PAPECA) president Lawrence Kaoma has called on road traffic officers to stiffen punishment for bus drivers contravening the laws.Mr. Kaoma has asked the Road Transport and Safety Agency (RTSA) and Zambia police traffic officers to seize drivers’ licenses to drivers found loading in undesignated places.

He observed that off late drivers taken the law in their own hands by loading from streets leaving designated bus stations.The PAPECA president said this in an interview in Lusaka.

Instead of charging the contravening drivers a penalty the traffic officers should start revoking their drivers’ license adding that many drivers despite the charge do not feel the pain but continue operating in the streets, he said.He noted that revoking the license will deter others and force other would be contraveners to get back into the bus stations.

Mr. Kaoma said government and other stakeholders should strengthen road safety awareness programs to all road users.Passing his message of condolences to the United Party for National Development (UPND) Mr. Kaoma said there is need for all road users to be well informed.He noted that it is sad to note that people’s lives have continued to be lost on the road due to careless driving, overloading among others.

He stated that it is sad that people especially during weddings, funerals take it for granted to overload and pass through police check points with impunity. Meanwhile Mr. Kaoma has asked government to quickly put in place a new management board at RTSA.He said it is now eight months since the board was dissolved adding that the institutions needs a board for it to effectively operate.

Kalusha-Africa need more FIFA World Cup slots

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Kalusha Bwalya believes Africa deserve more slots in the World Cup finals.

Bwalya, the FAZ president, says it is important that Africa has more representatives in the World Cup.

Currently Africa has five places in the World Cup.

“I don’t think that for us as Africa we should look at more positions in FIFA, but we should look at more positions for our teams in the World Cup,” he told Soccer Africa Television Programme via telephone.

Bwalya added:”for the moment Europe has 13, we (Africans) have only five. It will be important for us going forward in the new FIFA reforms that we are talking, to have a better representation in the World Cup.”

The ex-Chipolopolo skipper is a member of the FIFA technical committee and the CAF executive.

UPND’s Kavalamanja accident victims buried

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UPND President Hakainde Hichilema laying a wreath on the grave of one of the UPND members that died in the Kavalamanja road accident on Sunday, June 2, 2013.
UPND President Hakainde Hichilema laying a wreath on the grave of one of the UPND members that died in the Kavalamanja road accident on Sunday, June 2, 2013.

A sombre atmosphere yesterday gripped Kavalamanja area of Luangwa district as the funeral and burial procession of the seven people who died in a road accident on Sunday progressed.

Wailing and mourning were the order of the atmosphere at a church service at Kavalamanja Basic School where government officials, officials and leaders of political parties and other mourners gathered for body viewing.

Government was represented at the church and burial services by Lusaka Province Minister, Freedom Sikazwe, while opposition United Party for National Development (UPND) was represented by its president Hakainde Hichilema and the Movement for Multiparty Democracy (MMD) vice president for administration, Brian Chituwo represented the former ruling party.

Mr Sikazwe said at the burial site that government was concerned with the increased number of people dying as a result of road traffic accidents in the country.He said government was, therefore, working on various roads countrywide to mitigate road accidents.

He said in Luangwa, government was upgrading the 90 km stretch of the road from Luangwa bridge to the Boma from gravel to bituminous standard.
Mr Sikazwe also said the June 2, 2013 accident in Kavalamanja might have been avoided if the driver of the truck that was involved in the mishap was sober.The minister has since asked the people of Luangwa to institute citizen’s arrest on drivers that will be driving vehicles under the influence of alcohol.
And Mr Sikazwe clarified that government insisted that all the victims who died in the accident should undergo post-mortem because it was a legal requirement which will allow bereaved families to claim compensation from the owner of the vehicle.He said children of the deceased people should be registered with the Department of Social Welfare for sponsorship in schools.

And UPND leader, Hakainde Hichilema, called for unity and peace among all political parties and people of Kavalamanja during the mourning period.
Meanwhile, chief Mphuka of Luangwa district emotionally asked Mr Hichilema and UPND candidate in the forthcoming Feira Parliamentary by-election, Euralia Zulu on what type of assistance the party would render to children of the deceased people.

The traditional leader said his subjects would not have died if a drunken driver was not allowed to drive the vehicle.He said he was told by the injured people and others in his area that the driver of the truck was drunk.Only five of the seven accident victims were buried at Kavalamanja burial site today while two others were buried at Mandombe and Kasosa areas within Luangwa district.

A total of nine people died in Kavalamanja on Sunday evening after a Toyota Dyna light truck, which had 29 people on board, went off the road and plunged into a stream and hit onto Kalulu bridge embankment along the Kavalamanja/Luangwa road.The truck was moving from Kavalamanja where the party’s candidate, Euralia Zulu held a meeting ahead of the June 20, 2013 Feira Constituency Parliamentary by-election.

The Feira Parliamentary seat fell vacant after the then MMD area Member of Parliament, Patrick Ngoma resigned from his party to join the ruling Patriotic Front (PF).
Other parties participating in the by-election are United National Independence Party (UNIP), which is fielding Charles Kanyama and National Restoration Party (NAREP) whose candidate is Samuel Sikaonga.
The MMD is fielding Elias Phiri while Mr Ngoma is re-contesting the seat under the PF ticket.

2.

The Toyota Dyna light truck where the nine UPND members lost their lives after it crushed into an embankment of Kalulu Bridge in Kavalamanja area on Sunday evening
The Toyota Dyna light truck where the nine UPND members lost their lives after it crushed into an embankment of Kalulu Bridge in Kavalamanja area on Sunday evening

3.

Some mourners wailing during a funeral service of five accident victims at Kavalamanja Basic School.
Some mourners wailing during a funeral service of five accident victims at Kavalamanja Basic School.

4.

Coffins of the five Kavalamanja accident victims during a funeral service at Kavalamanja Basic School in Luangwa District.
Coffins of the five Kavalamanja accident victims during a funeral service at Kavalamanja Basic School in Luangwa District.

5.

 MMD Communications Director, Muhabi Lungu talks to Lusaka Province Minister Freedom Sikazwe and PF candidate in the June 20, 2013 Feira parliamentary candidate, Patrick Ngoma before a funeral service at Kavalamanja Basic School.
MMD Communications Director, Muhabi Lungu talks to Lusaka Province Minister Freedom Sikazwe and PF parliamentary candidate Patrick Ngoma before a funeral service at Kavalamanja Basic School.

6.

Lusaka Province Minister, Freedom Sikazwe talks to Chief Mpuka and Senior Chief Mbuluma before a funeral service at Kavalamanja Basic School
Lusaka Province Minister, Freedom Sikazwe talks to Chief Mpuka and Senior Chief Mbuluma before a funeral service at Kavalamanja Basic School

7.

 UPND President Hakainde Hichilema viewing the body of one of the nine Kavalamanja accident victims at Kavalamanja Basic School before burial.
UPND President Hakainde Hichilema viewing the body of one of the nine Kavalamanja accident victims at Kavalamanja Basic School before burial.

8.

 Lusaka Province Minister Freedom Sikazwe viewing the body of one of the nine Kavalamanja accident victims at Kavalamanja Basic School before burial.
Lusaka Province Minister Freedom Sikazwe viewing the body of one of the nine Kavalamanja accident victims at Kavalamanja Basic School before burial.

KCM owes ZRA KR136 million

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KCM
KCM

Konkola Copper Mines (KCM) has asked the government for time to pay back an overdue KR136.8 million or US$25.8 million debt it owes the Zambia Revenue Authority (ZRA).

Zambia Daily Mail investigations have established that the Vedanta-owned company has held “high-level” talks to discuss the unbundling of the debt amounting to about US$25 million, according to documentation in possession of the newspaper.

The US$25 million debt was first discovered after a standard routine ZRA probe which commenced in April, according to documents.

“The ZRA carries out systematic announced probes in various companies, regardless of their ownership,” a source said. “It appears it is at this stage that they [ZRA] discovered the debt which then stood at about K33 billion which has now risen after penalties.”

According to Daily Mail investigations, the mining company has asked the government to give it “time to pay”, citing high costs of production in the industry even as copper prices remain buoyant.

The three months price of copper in London yesterday stood at US$7,450 per tonne after starting at about US$7,931 at the beginning of the year, which is still way above the forecast five-year price of US$7,250.

The revelation of the debt comes shortly after the company announced that it planned to cut some 2,000 jobs but later reversed the decision after discussions with the government.

KCM’s parent company – Vedanta – is valued at more than US$5.3 billion in London and its production costs rose by 8 percent to US$5,621 per tonne, as the price promises to rise in the coming years to about US$8,000 per tonne.

Commerce and Trade Deputy Minister Miles Sampa described the KCM debt as sad, given the fact that studies show that several multinational companies in Zambia are costing the country billions of dollars annually through tax avoidance or profit transfers.

“It’s very sad that we earn very little from our mineral exports and the little money we are supposed to earn is either delayed or not even collected at all,” Mr Sampa said. “We must swiftly plug this tax avoidance hole.”

KCM public relations manager Joy Sata promised to respond after a query on Tuesday.Vedanta bought KCM 10 years ago at about US$25 million when copper prices were low and the cost of production was high, making mining unprofitable and mining assets cheap.
[Zambia Daily Mail]

Judges block tribunal proceedings again

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FILE: President Michael Sata with Malawian High Court Judge Lovemore Chikopa (second l), Justice Naboth Mwanza (r) rand Justice Thomas Ndhlovu (far l) after a swearing-in at State House.
FILE: President Michael Sata with Malawian High Court Judge Lovemore Chikopa (second l), Justice Naboth Mwanza (r) rand Justice Thomas Ndhlovu (far l) after a swearing-in at State House.

Ndola High Court Judge Mwiinde Siavwapa yesterday granted an application by two High ?Court judges to commence judicial review challenging the legality of the tribunal constituted to probe their alleged professional misconduct.

This would also act as a stay of the tribunal proceedings which were scheduled to start on June 18, 2013.

In his ruling delivered around 11:00 hours in chambers in Ndola yesterday, Mr Justice Siavwapa granted Justices Nigel Mutuna and Charles Kajimanga leave to commence judicial review after hearing their application and the State’s response.

Mr Justice Siavwapa said the same would operate as a stay of the pending tribunal whose preparations have reached an advanced stage.This means the tribunal which was scheduled to commence sitting had been halted until further determination of the matter.

The two Lusaka judges are now seeking judicial review challenging the legality of the tribunal set up by President Michael Sata to probe the duo, together with Supreme Court Judge Philip Musonda for the alleged misconduct.

Lusaka High Court judge-in-charge, Jane Kabuka had allocated the matter to the Ndola High Court judge after Mr justices Mutuna and Kajimanga on May 20, 2013 applied to be granted leave to apply for judicial review challenging the legality of the tribunal.

Ms Justice Kabuka first allocated the matter to Ndola-based Judge, Timothy Katenekwa who recused himself.Mr Justice Siavwapa commenced the proceedings yesterday and passed the said ruling.

Mr Justices Mutuna and Kajimanga had contended that the tribunal should not be allowed to sit because it had no legal framework consistent with their constitutional rights.

The action by the two judges followed a majority judgment delivered by acting Chief Justice Lombe Chibesakunda on May 9, this year that Mr Sata did not abuse his constitutional powers to suspend the judges.

Mr Justices Mutuna and Kajimanga had contended that the tribunal in question defies the rule of natural justice and was a violation of their constitutional rights.

The duo has alleged that the tribunal had failed to give them adequate notice of its proceedings to enable them prepare adequately and exercise their constitutional rights during the hearings

The three Judges Mutuna, Kajimanga and Musonda had immediately after being suspended by Mr Sata last year filed an application before the Lusaka High court challenging their suspension and the pending establishment of the tribunal to probe them.

High Court Judge Fulgeance Chisanga granted them the application which also operated as a stay of the proceedings.
But Attorney General, Mumba Malila who was not happy with the Ms Justice Chisanga’s ruling appealed to the Supreme Court against the whole ruling.

About three weeks ago, the Supreme Court overturned the High Court’s verdict on grounds that Mr Sata was within his powers to suspend and probe the three judges but advised against going ahead.

We are here to stay-KCM

35
 Chingola Open Pits operations of Konkola Copper Mines.
Chingola Open Pits operations of Konkola Copper Mines.

Konkola Copper Mines has assured the nation that it has no intentions of abandoning its operations in Zambia as it has a long term view of its investments in the country.

KCM Chief Executive Officer said the company’s parent company Vendetta Resources Plc has to date invested US$ 2.7 billion in KCM’s operations in Zambia.

Mr. Janakaraj said the mine will continue reinvesting in its operations in Zambia and plans to turn KCM into a world class mining operation.

He was speaking Wednesday evening on a special National Watch television programme on ZNBC TV.

“When we took over the mine in 2004, our strategic target was to secure the life of the mine and we have successfully extended the mine life by another 25 years, we had to invest robustly in new exploration projects within our licence area. We invested in a new smelter, the KDMP, new technologies and talent development,” Mr. Janakaraj said.

“We have a long term view of our investments here in Zambia, we are here to stay. KCM is not the type of business where you arrive today, you make all the profits and leave the next day.”

He revealed that from its US$ 2.7 billion investment, KCM has only paid out US$ 65 million in dividends to its shareholders.

“The bulk of the resources get ploughed back in. KCM is the only company that has paid out small dividends compared to the level of investments, this goes to show that we are not here for a reap off but for a long term partnership with the Zambian government and all the mine stakeholders.”

He added, “The negatively towards KCM by some Zambians are a case of perception rather than reality. This is the reason we believe there should be increased interaction with key stakeholders through mine tours in order to increase the level of knowledge about KCM and its operations.”

On assertions that other mining companies operating in Zambia such as Lumwana and Kansanshi are better managed, Mr. Mr. Janakaraj said that is a wrong comparison.

“No, this is not a fair comparison, its chalk and cheese. You cannot compare a deep mining operation with a simple open pit mine. That is a Wrong comparison. People should understand that if KCM is an easy mine, why did others like Anglo American walk away?”

Mr. Janakaraj also parried assertions that KCM has over employed expatriates from India who have ended up taking over jobs from Zambians.

“That is not entirely true. Out of our entire workforce of close to 20,000, we only have 95 expatriates and that is less than 1 percent of the total workforce. We have managed to reduce the number of expatriates from 200 plus from 2006. Our view is that KCM should be able to attract and nurture the best talent, we see our workers an international workforce and we also have KCM trained Zambian workers working as expatriates at other KCM operations in Australia, India and South Africa,” Mr. Janakaraj said.

The KCM CEO also revealed that the increase in mineral loyalty tax had reduced the mine’s profitability by around US$ 30-40 million last year.

“Imagine having about US$ 40 million taken away from your profits in one financial year, it’s a hard decision but as a business we have to find ways of continuing to grow the business even under such difficult conditions.

The KCM Chief further dispelled assertions that the mining giant could be involved in transfer pricing which is prevalent among major corporations across the world.

“We are a London listed entity with vigorous listing rules and procedures. Secondly, we are professionals. Our whole careers and futures depend on our conduct and we cannot decide to cook up books today. Our books are audited by Deloittee and Touche with KPMG as our internal auditors. KCM has a very transparent metal accounting system and I can assure the Zambians that every Kg of Copper produced is accounted for every day,” Mr. Mr. Janakaraj said.