The National Constitution Convention has introduced a new provision under article 75 to create a caveat against unnecessary by-elections.

The new provision has been effected so that a member of Parliament who resigns shall be barred from re-contesting the seat or being appointed to any public office until the end of the life span of that parliament from which the member has resigned.

And the convention has amended clause (2) of article 75 providing for a mixed member proportional representation which is a mix of First-past-the post and proportional representation with 20 percent seats assigned to proportional representation instead of the Proportional Representation (PR) as stated in the draft constitution.

The convention has also adopted the 50+1 vote clause which provides that a winning candidate in a presidential election should receive not less than fifty percent plus one vote of the valid votes cast.

In adopting the clause, the delegates noted that the new electoral system will enhance the legitimacy of the elected president and reduce regionalism and further promote interparty dialogue in the case of a re-run.

Meanwhile, amidst high levels of unemployment in Zambia, the ongoing National Constitution Convention has resolved to retain the labour relations article in the First Draft Constitution that provides rights of citizens to employment and to fair labour practices.

According to both Kasempa MMD Member of Parliament Kabinga Pande and his counterpart UPND’s Request Muntanga of Kalomo , the clause will empower unemployed citizens to sue government for not providing them with employment which they said should be avoided by amending the clause.

The two parliamentarians contended that Governments world over are facing the challenge of unemployment and therefore proposed that the clause be amended to specify the type of employment the clause was referring to.

Mr. Muntanga who earlier succeeded in having the recommendations for amendment for article 64 which read that, ‘a person has a right to work ‘deleted to maintain what is provided in the draft explained that even clause (1) of article 65 has a similar meaning.

His proposal to have the article amended was only supported by his fellow MP Kainga Pande while the rest voted for the retention of the article.

ZANIS

Former Republican President Rupiah Banda has been formally arrested and charged with concealing of gratification contrary to section 36 of the ACC Act no.38 of 2010,involving nine (9) light trucks valued K471 million which he allegedly received from a named Chinese construction company.

The former president was charged and arrested this morning when he appeared for questioning before the Joint Government Investigations team at the Drug Enforcement Commission.

Particulars of the offence are that Mr Banda on dates unknown but between 1st January 2011 and 30th August 2011 received the nine trucks which property was obtained as gratification from SOGECAO Zambia limited a subsidiary of Anui Foreign Economic Construction company, the company that constructed Levy Mwanawasa stadium in Ndola.

He is said to have concealed the receipt of the nine trucks by registering them in the names of other people connected to him.

President Banda who arrived at 08:45 hours was interrogated for more than two hours, and only left the Drug Enforcement Commission offices at 10: 45 hours.

As he left the DEC offices Mr Banda could only afford a wave at journalists without uttering any word.

And Joint Government Investigations team Spokesperson Namukolo Kasumpa later told journalists that former republican president had been formally charged with concealment of nine light trucks that were used as campaign material by the MMD in the run up to the 2011 general elections.

Ms. Kasumpa explains that president Banda who will appear in court on 30th April 2013,has been released on bond of Kr 500 rebased and two working sureties.

The former president is already facing other corruption charges in courts of law.

The Kabwe Magistrate Court has acquitted a Ndola based soldier who is allegedly to have stabbed a woman’s private parts using a bayonet after she refused him sex amid an outcry by the victim and sympathizer’s describing it as another injustice for the women folk in the country.

The woman who was stabbed openly wept outside court as sympathizers attempted to console her while others were shaking their heads in disbelief as the accused person confidently walked out of court.

This is in a case in which Thabo Situmbeko aged 29, of Tug-argan Military Barracks in Ndola was appearing in court for two counts of attempted rape contrary to section 134 of the penal code and attempted to have unlawful carnal knowledge of a woman without consent.

In a second count Situmbeko is charged with unlawful wounding contrary to section 232 of the penal code of the Laws of Zambia of which he denied.

Facts before the court are that on February 9, 2012 Situmbeko is allegedly to have stabbed the woman’s private parts using a bayonet (blade that can be fitted to a rifle) after she allegedly refused to have sex with him.

Immediately after Magistrate Smart Mweene declared the accused person with no case to both of the counts and acquitted him, the victim walked out of count accompanied by women movement groups as she wept openly.

[pullquote]the doctor had testified that he observed that the inside part of the vagina had been cut and that the wounds were life threatening and that if she was not taken to the hospital on time she would have died.[/pullquote]

Mr Mweene acquitted the accused person on grounds that the prosecution team had failed to prove the case.In his ruling the court said after listening to witnesses from the prosecution team he had found no evidence to find the accused with a case to answer and cited the evidence during trial by Dr Anaclet Tshimpanga from Kabwe Mine hospital who testified that he recalled treating the victim and that the wound was caused by an instrument which was not sharp but blunt and that was carefully directed inside which was contrary to the evidence by the victim.

“I have seriously considered evidence from the prosecution team and I have no case to answer in both counts and acquit him, ”he said.

And outside court the victim openly weep as the women movement could not give an immediate comment but described the acquittal as shocking.
Recently there was drammer outside the Kabwe Magistrate Court after the victim confronted a doctor whom she accused of not telling the court the truth after he testified that the instrument used was not sharp by blunt.

After the doctor finished testifying and walked out of court, the victim confronted the Dr Tshimpanga as she sobbed openly and asked the Doctor if she should undress for him to see properly the injuries.

But during examination in Chief by state prosecutor Jonathan Kazunga the doctor had testified that he observed that the inside part of the vagina had been cut and that the wounds were life threatening and that if she was not taken to the hospital on time she would have died.

During the hearing the victim testified that February 8, 2012 she went to watch a football march between Zambia and Ghana at Kaunda bar in Chindwin Barracks and where she found her friend, Amoxana and her boyfriend, a Mr Mukanzo.

“Your honour we were later joined by a man identified as Situmbeko and we continued drinking together. Later my friend Amoxana got drunk and that’s how she and the boyfriend left and I remained with Situmbeko.

But at about 23:00 hours Situmbeko suggested that we leave the bar because alcohol they were taking had finished, ” she said.

She testified that since she had a baby, she told Situmbeko that she could not go to another bar as it was late, but Situmbeko asked her to
leave her baby with the neighbours.She said as she was walking, Situmbeko, who was following her, hit her from behind and when she turned to ask him why he had hit her, he grabbed the baby from her back and threw it into a shallow ditch full of water and pushed her to the ground.

She said he then pulled down her pants together with her skirt but as she was struggling with him, he produced a sharp object and stabbed
her in her private parts.

Another witness Kweto Chimba told the court that he was shocked to see blooding oozing through down her legs and that looked to be in pain.

He narrated that he assisted in locating the staff sergeant at who was on the fateful night reportedly to have been with the accused person and later escorted the complainant to the police post where the matter was reported.

Details are emerging of a fierce power struggle at Zambia Railways Limited with board members demanding as much as K500 million in allowances.

The infighting has seen company Finance Director Regina Mwale sent on forced leave after she reported to Managing Director Professor Clive Chirwa,the harassment she was facing from board members over payment of allowances.

Sources at the firm say all is not well at Zambia Railways due to the high levels of corruption.

The sources said the announcement that government had released US$ 120 million from the Eurobond to aid the ailing railway firm has seen some board members start making exorbitant demands.

“Professor Chirwa was not aware of the demands by the Directors of the hefty allowances but Mrs Mwale reported to Professor Chirwa that she was been forced to pay K500 million each to the eleven board members and Professor refused to sign for that payment and all hell broke loose,” the sources said.

[pullquote]They haven’t done anything since they were appointed. Why should I pay them[/pullquote]

The sources said some board members had been phoning and frequenting Mrs. Mwale’s office demanding payment of allowances.

“The Finance Director is now on forced leave because the board felt she was frustrating them,” the source said.
The board is now reported to have resolved to suspend Professor Chirwa and have since appointed somebody else to act as Managing Director.

And in an interview, Professor Chirwa vowed never to sign off any payment to any board members for doing nothing.
“They haven’t done anything since they were appointed. Why should I pay them?”
“There is so much corruption going on at the company and I will get to the bottom of this. I will see to it that Regina is brought back to work. She has to start working because she not done anything wrong,” Professor Chirwa said.

Professor Chirwa however explained that not all the eleven board members are corrupt.
“Of the eleven, I can single out three people who are corrupt and I would like them out of that board.”
Professor Chirwa alleged that some board members are influencing the awarding of contracts for some consultancy services to companies they have an interest.
He vowed to report for work Monday and ensure that he continues with his plans of turning around Zambia Railways.