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Two arrested journalists likely to be charged with defamation of President Michael Sata-MISA

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President Sata with First Lady when they arrived at this afternoon
President Sata with First Lady

Two journalists, Clayson Hamasaka and Thomas Zgambo, who are currently in police confinement are likely to be charged with defaming Zambian president, Michael Sata.

The pair has been in separate police confinement since the early hours of Tuesday, 9 July 2013 after a raid on their houses, which also resulted in the confiscation of personal computers and other digital equipment. They are suspected of running or being part of the Zambian Watchdog, an online website that largely provides news services on Zambia.

The website is seen as critical to the ruling party, Patriotic Front (PF), and has come under a series of verbal attacks from party sympathisers of late. The website has also reported suspected denial of service attempts in recent weeks.

A news report broadcast on the state-run Zambia National Broadcasting Corporation (ZNBC) Wednesday afternoon (13:15hrs CAT) said the journalists were being held by police in connection with defaming the president. No formal charges have been laid against them as yet.

If the charge is brought forward, it will most likely be under Section 69 of the Penal Code, which is vague on what constitutes a defamatory offence. Zambian law criminalises defamation of a sitting president. The maximum penalty under the law is three (3) years and there’s also a provision for fine.

The Zambia Chapter of the Media Institute of Southern Africa (MISA-Zambia) has condemned the arrest of the journalists and has called for their immediate release from police custody.

In a statement released on Tuesday, 9 July 2013, MISA-Zambia said the detention of the pair was a violation of their rights. “This act is a clear abuse of the rights of the two journalists. According to Zambian law, a person should be arrested, formally charged and then taken to a competent court of law, but this was not the case for the two,” the statement said.

Other civil society organisations in Zambia have also called for the release of the journalists.

MISA’s Programme Specialist for Media Freedom Monitoring & Research, Levi Kabwato, has described recent developments in Zambia as ‘deeply worrying’.

“Through our monitoring work, we have recorded a significant number of media freedom violations in Zambia and we have also noted that democratic culture and practice in the country is under strain. This concerns us very much and is deeply worrying,” Kabwato said.

“We are particularly concerned about the threats to freedom of expression in Zambia, including free expression in cyberspace and we strongly urge the government of Zambia not to set a very bad precedent in light of these developments,” he added.

At the end of yesterday (Tuesday) both Hamasaka and Zgambo showed no signs of being beaten or physically tortured although they appeared deeply distressed. If they are not released today, both will be spending their second night in police confinement.

[MISA-Zambia]

Zambia step up Cosafa preps

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Zambia have intensified preparations for the Cosafa Cup.

Herve Renard’s team regrouped in Lusaka last Thursday before shifting camp to the Copperbelt on Monday.

The youthful Chipolopolo squad face Mozambique on Sunday in a quarterfinal clash at Nkana Stadium in Kitwe.

Meanwhile, Renard has drafted in Nkana defender Masautso Zimba in the Cosafa Cup team.

Zimba was part of the home-based Zambia team that trained in Ndola on Tuesday.

Mozambique coach weighs Mamba’s chances

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Mozambique coach Joao Chisano has heaped praises on Zambia ahead of the two team’s Cosafa Cup quarterfinal showdown at Nkana Stadium in Kitwe on Sunday.

The Mamba have set up camp in Kitwe following their arrival on Tuesday.

Chisano claims Mozambique have few chances of beating Zambia in Sunday’s quarterfinal match in Wusakile.

“For 20 years, we have not beaten Zambia but we have no chance I think we have 20 percent and Zambia have 80 percent. Zambia is one of the best team in the region.

They won the Africa cup two years ago and have good players. When you go into history we have not beaten Zambia, the best result we have against them is a draw whether home or away,” he said.

Chisano, however, declared his side ready for the Cosafa Cup.

“We are ready for this tournament; we are concentrating on the first game against Zambia which is a crucial match. We must try to win that match; I think we will show the best football.”

Lesotho star doubt for Swazi clash

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Talented Lesotho midfielder Litsepe Marabe is a doubt for Thursday’s final Group B match of the 2013 Cosafa Cup against Swaziland in Lusaka because of a neck injury.

Marabe sustained the neck injury in Lesotho’s opener against Kenya that ended 2-2 in Kitwe on Monday.

The injury forced the midfielder to withdraw from the 3-3 draw against Botswana a day later.

Lesotho coach Lesley Notsi revealed that Marabe spent Monday night in hospital.

“Marabe spent the night in hospital and he is under the watchful eye of the local doctors,” Notsi said.

“He is recovering well and when we get to Lusaka we will see if he can play,” he added.

Kenya lead Group B on four points, two above Lesotho and Botswana, who are tied on two points, while bottom placed Swaziland sits on one point.

Livingstone MP appeals to Supreme court over petition case

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PF candidate for Livingstone Constituency Lawrence Evans knell (middle) to ask for votes in Livingstone’s Kasiya Ward yesterday. On his left is Western Proince Minister Obvious Mwaliteta and his wife on the right
File:PF candidate for Livingstone Constituency Lawrence Evans kneel
(middle) to ask for votes in Livingstone’s Kasiya Ward yesterday.
On his left is Western Proince Minister Obvious Mwaliteta and his wife
on the right

Livingstone Member of Parliament (MP) Lawrence Evans has appealed to the Supreme Court against High Court Judge Gaundentia Salasini’s ruling
to dismiss an application that the court should not entertain latest paragraphs in the UPND election petition.

This is a case where losing UPND candidate Regina Musokotwane has petitioned the election of Evans Lawrence as Livingstone Member of Parliament.

During a court appearance at Livingstone High Court yesterday lawyers representing Mr Evans applied that certain paragraphs that were included in the amended UPND petition should be abandoned because they were not part of the earlier June 18th petition document.

However Judge Salasini dismissed the PF’s application.Mr Lawrence Evans lawyer then appealed to the Supreme Court against Judge Salasini’s ruling.

Ms Regina Musokotwane’s Lawyer complained that this was just another delaying tactic to ensure that the PF candidate Lawrence Evans remains in parliament much longer before the case is concluded.

Judiciary lashes out at critics

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ACTING Chief Justice Lombe Chibesakunda
ACTING Chief Justice Lombe Chibesakunda

The Judiciary has threatened to institute contempt of court proceedings against persons issuing unwarranted attacks on the Supreme Court Bench in order to preserve the integrity and dignity of the Courts of Law and its officers.

Acting Registrar and Director of court Operations Maka Chilombo Phiri in a statement issued to the media, said while the Judiciary is not immune from criticism, even of Court judgment as criticism forms the bedrock of any democracy, it is concerned with the growing trend of personal assault on individual Judges who are not in a position to defend themselves, as opposed to attacking the substance and content of the Judgments in question.

She said the Judiciary has noted with deep concern the incessant attacks on the Supreme Court of Zambia following the outcome of election petitions arising out of the 2011 general election.

Below is the Full Press Statement

THE JUDICIARY CONCERNED OVER ATTACKS ON THE SUPREME COURT

The Judiciary has noted with deep concern the incessant attacks on the Supreme Court of Zambia following the outcome of Election Petitions arising out of the 2011 Presidential, Parliamentary and Local Government Elections.The Judiciary would like to state from the outset that it is not averse to criticism, even of Court Judgments. It has been a long held view that criticism is necessary as it forms the bedrock of any democracy.

What is of concern, however, is the growing trend of personal assault on individual Judges who are not in a position to defend themselves, as opposed to attacking the substance and content of the Judgments in question.

In every case whether election petitions or other cases, the Supreme Court sits as a panel of any three (03) or five (05) or seven (07) 0r nine (09) Judges. Each Judge gives his/her opinion on every appeal based on the facts as presented and the Law, and the majority decision takes the day. Each Judgment of the Supreme Court represents collective wisdom of every Judge of the Supreme Court. So ultimately, the decision of the three (03), five (05) or seven (07) or nine (09) Judges represents the decision of the entire Supreme Court of Zambia.

It is therefore, unfair for anyone to single out the acting Chief Justice as being solely responsible for the outcome of any Judgment of the Supreme Court. The acting Chief Justice like any other Judge does not sit on all panels. Even when the acting Chief Justice does sit on any such panel she sits as a Judge of the Supreme Court expressing her opinion based on the facts and the Law. And, as is the case with all other Judges, the acting Chief Justices’ opinion is subject to the decision of the majority.

Unless there is proof of impropriety or professional misconduct which should be directed to the relevant authorities or institutions to deal with, the Judiciary shall insist on and accept only those criticisms being based on the substance of the Judgments and not on personalities. Should the unwarranted attacks persist, the Supreme Court shall be left with no option but to institute contempt of court proceedings against persons found wanting in order to preserve the integrity and dignity of the Courts of Law and its officers.

In this vein, the Judiciary wishes to remind the General Public, including all social and political stakeholders, to jealously guard Institutions of democracy such as the Courts of Law.

The Judiciary shall remain steadfast in ensuring that it operates independently, professionally and efficiently in the administration of justice. It shall uphold its integrity ad impartiality in its quest to provide equal access to justice for all.

Signed and Issued by:

The Acting Registrar and
Director of court Operations
The Judiciary of Zambia

Dated: 10th July, 2013

New video by Macky2 and Franciar

francier2

Franciar released her video with Macky 2 called “walasa”

BY KAPA187

Government disappointed with low reading levels in early learners

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School 'classroom' in Sesheke district
School ‘classroom’ in Sesheke district

Government is disappointed with the extremely low reading levels in early learners with under 50 percent of children between grades 1 and 4 in public schools not being able to read.

Education, Science, Vocational Training and Early Childhood Education Minister John Phiri disclosed that the Read To Succeed baseline study revealed that 89 percent of grade 2 learners and 80 percent of grade 3 learners cannot read.

Dr. Phiri said despite the disheartening statistics, government remains committed to improving the education system in the country through its comprehensive strategies and policies.

Speaking when he launched the “reading tools in a box initiative” in Lusaka yesterday, Dr. Phiri appealed to the cooperate world to come on board in supporting the education sector adding that government alone cannot implement all the strategies.

He said the country risks failing to attain the Millennium Development Goal (MDG) number two of achieving universal primary education before 2015 if certain sectors of society such as children with special educational needs were not catered for.

And United States Agency for International Development (USAID) Zambia Acting Mission Director Mikaela Meredith commended government for the strides made in improving learning abilities in primary schools.

The reading tool in the box initiative is supported by the USAID, Zambia National Commercial Bank (ZANACO), First Quantum Minerals (FQM) Investrust bank PLC and Maiden publishing House.

The initiative is aimed at improving the reading standards for early education learners for improved education.

Milupi calls for opposition alliance

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 Charles Milupi
Charles Milupi

Alliance for Democracy and Development (ADD) president Charles Milupi has called for genuine opposition alliance to confront the Patriotic Front.

Mr Milupi an interview with QFM News said there is need for opposition political parties to consider working together to take on the PF in view of what he has described as dictatorial tendencies by the ruling party.

He said opposition political parties should be sincere to each other and desist from the trend of poaching members amongst themselves, which he described as worrying.

Mr. Milupi said the practice shows insincerity by the political parties involved.

He added that it is sad that the same opposition political parties that meet during the day to plan a common strategy on how to confront the ruling party are the same ones poaching members from each other.

Mr Milupi has further described as unfortunate the continued disunity among the opposition political parties.

He noted the need for opposition political parties to draw lessons from what is happening to the country’s democracy and unity.

Zambia is plagued with a fragmented opposition.

Speaker orders Minister of Health to give another Ministerial Statement on ZAMBEEF

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Speaker of the National Assembly Patrick Matibini
Speaker of the National Assembly Patrick Matibini

Speaker of the National Assembly, Patrick Matibini has ordered Health Minister Joseph Kasonde to issue another ministerial statement on the investigations surrounding the importation of beef products by Zambeef.

This was after a point of order was raised by Monze Central United Party for National Development (UPND) Member of Parliament, Jack Mwiimbu, who wanted to know how far the investigations into importing contaminated beef into the country.

Mr Mwiimbu said health experts in the country had indicated that they did not have the capacity to verify the existence of the foreign substance, aromatic aldehyde, a chemical used for embalming corpses, and so requested the Speaker to order Dr Kasonde, to issue a statement on recent developments.

Mr Mwiimbu said because of the allegations, Zambeef had continued to suffer losses and in the long run, the matter was going affect Zambeef employees.

“In due course, you need to update the House on the findings of the investigations on this matter when the matter is concluded,” Dr Matibini said.

Earlier this week, tests on meat products on the two Zambeef trucks detained at the Katima Mulilo Border post revealed NO sign of Aromatic Aldehydes. Aromatic Aldehydes are believed to cause cancer.

Health Minister , Joseph Kasonde said the two trucks have since been released to proceed with delivery of the products to Zambeef. Dr. Kasonde however said inspections on food products entering the country will be intesified to ensure they are fit for human consumption.

Dr Kasonde also said results on tests done in South Africa and Germany on the alleged unwholesome meat products seized from Zambeef are not yet out.

Last Week, Dr Kasonde told parliament that preliminary tests run on some Zambeef imported products tested positive of Aromatic Aldehydes.

Government’s decision to sell 49 percent shares of Indeni Oil Refinery backed

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The Private Sector Development Association (PSDA) says it backs government’s decision to sell 49 percent shares of Indeni Oil Refinery in Ndola.

Association Chairperson Yusuf Dodia says the move by government to sell the 49 percent shares in the Oil refinery to a private investor will help stabilize fuel prices in the country.

ZANIS Business reports that Mr. Dodia said this in an exclusive interview in Lusaka, today.

“ The decision was a positive move as it will allow for an opportunity for more capital investment into the company and bring consistency in the operation of the company, “ he said.

Mr. Dodia said the private investor will also boost funding and improve efficiency as company will run as a commercial entity.

The PSDA chairperson said the decision will also create a stable business environment in the oil refinery company which will in turn influence a downward adjustment in fuel prices.

He said Indeni which until 2009 was being run by the private sector had maintained both the flow and pump price of petroleum products in the country despite external factors in the region.

Mr. Dodia also lauded government for the move, adding that the coming in of a private investor will ensure maintenance and reduce government’s operational costs of the company.

Recently, Mines, Energy and Water Development Minister, Christopher Yaluma announced government’s approval of the sale of 49 per cent shares in Indeni Oil Refinery.

Mr. Yaluma said the move would help boost funding and find ways of building a new refinery urgently.
ZANIS

MMD vows to campaign for its embattled Kafulafuta candidate Mwanawasa

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MMD  Deputy  National secretary Chembe Nyangu
MMD Deputy National secretary Chembe Nyangu

Opposition Movement for Multiparty Democracy (MMD) National Secretary, Chembe Nyangu, says his party will support its embattled candidate for the Kafulafuta by elections Evelyn Mwanawasa scheduled for 25th July this year.

Mr. Nyangu says as far as he was concerned Ms Mwanawasa was still his party’s candidate fir the forthcoming by- elections in Kafulafuta since her portrait was appearing on the ballot papers to be used during the exercise.

He said since her name is already appearing on the ballot paper, the party will continue with its campaigns.

ZANIS reports that the opposition party’s National Secretary said this in a telephone interview in Lusaka today.

He added that there was no need for the party to support another political party if MMD was also participating in the by elections.

‘’ We are still appearing on the ballot papers that would be used during the elections, so what is the point for us to support another political party,” he said.

Mr. Nyangu explained that much as he understands Evelyn Mwanawasa withdraw from the party after filling in her nominations, the popularity is not about an individual but the party.

“Most of the Members of Parliament (MPs) that you see in parliament, they were voted for because of the popularity of the parties they stood on in various constituencies,” said Mr. Nyangu.

Mr. Nyangu said since her name is already appearing on the ballot paper, the party will continue with its campaigns.

The opposition political party says it will continue with its campaigns in the Kafulafuta parliamentary by- election despite it candidate Evelyn Mwanawasa withdraw from the race.

Ms. Mwanawasa recently appealed to the opposition party to spare her from contesting the by-elections after she developed an illness which saw her admitted in Ndola Central Hospital.

However , the Electoral Commission of Zambia (ECZ) has informed her that it was too late for her to withdraw.

‘’Please be advised that in accordance with section 33 of the electoral Act, a candidate can only withdraw their nomination for election before 15:00 hours on nomination day and not after the close of nomination,” read the letter from ECZ.

And Vice President Guy Scott has explained that a candidate cannot withdraw after filing- in of nominations.

Responding to queries over Ms Mwanawasa withdraw as candidate for MMD in Kafulafuta forthcoming by- election during Vice president question time in parliament on Friday, Mr. Scott said there was no provision in the electoral Act for one to withdraw after filing in.
ZANIS

Kwacha slide continues and it hits the lowest point in over four years

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THE Kwacha fell to close at its lowest rate in over four years on Monday as a strong global appreciation of the United States (US) dollar filtered into the local market, financial analysts say.

Zanaco says the local currency fell sharply in early trade opening two ngwee lower at K5.50 and K5.52 for bid and offer respectively after closing at K5.48 and K5.50 on Friday.

“It [Kwacha] continued to slide through the morning session finally settling at K5.52 and K5.54 – its lowest closing level since April 2009,” Zanaco says in its daily treasury newsletter yesterday.

The bank says the downward movement was mostly an alignment with a global appreciation of the US dollar as economic data from that country supported views of a recovery from the current recession.
“In the near term the Kwacha is expected to remain weak trading between K5.47 and K5.55,” it says.

Similarly, Standard Chartered Bank says the Kwacha began the week on the back foot, sliding 40 points against the dollar earlier on Monday as strong corporate on the right hand side pushed up demand for the greenback (dollar).

It says the Kwacha’s stand was further exacerbated by global trends following general dollar strength against a basket of currencies.

“The trend is likely to prevail today . Interbank was around K5.51 and K5.55 level at 16:00 CAT yesterday [Monday], compared to Friday’s K5.47 – K5.51 levels,” Standard Chartered Bank daily brief notes.

Citibank also says the local unit closed Monday’s session on the back foot, having breached key support level of K5.50 against the US dollar.

In its daily market commentary, Citibank says the local unit opened the session trading at K5.52 buying and K5.54 against the US dollar selling on the interbank market on Tuesday morning and was expected to track the rand’s performance in the absence of significant flows.

Detained Journalists to spend night in cells

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Two Journalists picked up by authorities in early morning raids at their homes on suspicion that they were responsible for publishing the Zambian Watchdog will spend Tuesday night in police custody.

Clayson Hamasaka and Thomas Zyambo will stay in police cells over night as investigating officers go through the documents and computers confiscated from their homes as part of the investigations.

Mr. Hamasaka has since been moved to Woodlands Police Station in Lusaka after being interrogated the whole day in the presence of his lawyer Wilson Mweemba from Mweemba and Company.

Mr. Zyambo whose whereabouts were unknown for most part of Tuesday was found being held at Ridgeway Police Station.

The investigators comprising officers from DEC, Zambia Police and the Zambia Intelligence Unit arrived at Mr. Hamasaka and Mr. Zyambo homes in separate raids in the early hours of Tuesday with search warrants for narcotic drugs.

Mr. Hamasaka’s lawyer Willie Mweemba said his client is calm and has remained in good spirits trough out the ordeal.

“He is doing fine given the circumstances. They started scanning through the computer and the phones from the morning and I was present throughout the process and around five we agreed that we take a break and that is how they took him to Woodlands,” Mr. Mweemba said.

“So we will resume the process tomorrow morning and hopefully conclude. The officers are aware that they cannot keep my client for more than 48 hours so we should be concluding tomorrow.”

The PF government has intensified its efforts to clamp down on media houses perceived to be anti-government.

Vice President Guy Scott last Friday told Parliament he would personally celebrate the day that the Zambian Watchdog would be closed down.

Wynter Kabimba U-Turns on the draft constitution submission deadline.

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Secretary General of the ruling Patriotic Front (PF) Wynter Kabimba
Secretary General of the ruling Patriotic Front (PF) Wynter Kabimba

Justice Minister Wynter Kabimba has U-Turned on his earlier stand that the Technical Committee drafting the constitution submit their report by June 30th.

Today Mr Kabimba announced that the Technical Committee drafting the Republican Constitution will hand over the document by July 31, this year, the date requested earlier by the committee.

Mr Kabimba told Parliament in Lusaka that the Technical Committee had requested for the extension to ensure the document was completed to the satisfaction of the Zambians.

Mr Kabimba said this when he issued a ministerial statement that the extension did not call for fresh funding but that the Committee still had funds from the already budgeted for, allocation.

The confirmation comes amidst anxiety raised after Mr Kabimba had earlier demanded that the Committee completed its undertaking by the June 30, 2013, deadline.

He said the technical committee consulted him over the intentions to extend to July 31, and that the request was granted.

“Members of the public and some groups of stakeholders have in the recent week expressed anxiety about the progression of the on-going constitutional making process. We have now agreed that the Technical Committee will wind up its programme of work within the approved 2013 budgetary provision without any supplementary budget,” he said.

He said the Committee, would work expeditiously with the drafting team to ensure the process was wound-up within a reasonable period.

He said the drafting exercise was being funded by the United Nations Development Programme (UNDP) under the auspices of the technical committee.

He reiterated Government’s commitment towards ensuring a people-driven Constitution.

He said that the Ministry of Justice was not part of the technical committee as was the case during the MMD administration, because this would compromise the process.

He also informed the House that the Constitution making promise could not be completed within 90 days as promised because the technical committee drafting the Republic document requested to engage in wide consultations with the populous.

He said it was not the intention of Government to dictate the pace of the review process to avoid accusations of manipulating the process.

“At the risk of repeating myself, I wish to stress that although we as Patriotic Front believed that the Constitution could be delivered within 90 days, we left the entire process to the Technical Committee to draw their programme.

“There is no doubt Mr Speaker, that had we insisted or prevailed on the Technical Committee to draft the Constitution within 90 days, the other stakeholders would have been the first to accuse us of attempting to manipulate the process,” he said.

He said the Government wanted to be fair in undertaking the process by ensuring the process was not only people driven but was seen to be people-driven without political interference.