The Supreme Court has allowed MMD’s Lukulu West Member of Parliament (MP) Misheck Mutelo to continue representing the people in the constituency as MP.

In her judgment yesterday, acting Deputy Chief Justice Florence Mumba, in granting her stay of execution of the High Court judgment that nullified his seat, said the people of Lukulu West should not be denied representation at the expense of an appeal outcome before the Supreme Court.Justice Mumba said Lukulu West needed representation of an area MP regardless of any situation, including pending cases because it was important that the people in the constituency were represented. She said Mr Mutelo should continue working as an MP until determination of the matter by the higher court.

This is in a case where Patriotic Front (PF) losing candidate for Lukulu West Eileen Imbwae petitioned the election of Mr Mutelo and judgment was passed in her favour.Judge Emelia Sunkutu said after analysing the evidence before her, she found that the election was not free and fair and that the seat was nullified on grounds that there was corruption, bribery and illegal practices by Mr Mutelo during his campaign.

In her petition, Ms Imbwae contended that the election of Mr Mutelo was void by reason of corrupt and illegal practices and that the voters in the area were prevented from electing their preferred candidate due to electoral offences, intimidation and threats allegedly committed in connection with the election of Mr Mutelo.

She said during the campaign period, Mr Mutelo held numerous meetings where he produced a letter written by her requesting for funds in 2006 and alleged that the said funds were stolen when in fact not, which was contrary to the electoral code of conduct. Ms Imbwae claimed that on September 18 and 19, 2011, after the campaign period had ended, Mr Mutelo and his agents went door to door campaigning and distributing money ranging from K5,000 to K100,000, an act which she said was illegal and amounted to bribery.

Ms Justice Sunkutu said she found the petitioner and her witnesses’ evidence to the effect that Mr Mutelo called her a thief more credible.

[Times of Zambia]

THE Electoral Commission of Zambia (ECZ) has said the selection of a company to print ballot papers for the forthcoming by-elections was transparent and done through a normal tender procedure.

The commission has since challenged “doubting Thomases” to verify with relevant authorities the tender process which was publicly conducted.

The ECZ has set July 5, 2012 as the date for parliamentary by-elections for Muchinga, Chama North and Livingstone constituencies and a number of local government by-elections around the country.

The Muchinga seat fell vacant following the death of former vice-president George Kunda while the Chama North and Livingstone seats fell vacant after the High Court nullified them.

ECZ spokesperson Cris Akunfuna said in an interview in Lusaka yesterday that the selection of a London printer was based on the normal tender procedure of the Zambia Public Procurement Authority (ZPPA)

He said the commission had invited printing companies to bid for the printing of the ballot papers for the elections.

“The process to award the printers is a normal laid down procedure and all the requirements were given and published in the newspapers. The United Kingdom-based company, Smith and Ouzman met the conditions and it was awarded the contract,” he said.

And Mr Akufuna has announced that the ballot papers for the three by-elections were expected in the country today.

He said once the ballot papers arrived, the commission would invite political parties participating in the elections to inspect them as per normal procedure.

Mr Akufuna urged political parties to report any unfair treatment that they may encounter during the campaign period in the three constituencies to the conflict management teams in the districts.

He said the conflict management team would review the complaints and act appropriately.

[Times of Zambia]

By Dr.Chiyaba Njovu.
Strikes at UNZA over Lecturers’ perks have been discussed by successive governments without any long term solutions for more than three decades now. I cannot believe that today we are still talking about negotiating Lecturers’ salaries year in and year out without any long term solutions being hatched out. UNZA problems still continue and yet long term solutions have been tabled before successive governments so many times.

I am talking from experience as one of the people that tabled proposals to HE Michael Sata then Minister of Labour in 1993. I was Publicity Secretary and Acting Secretary of UNZALARU at the time. Our proposal was simple and aimed at finding a long term solution to perpetual salaries negotiations at UNZA. Our proposal was dubbed ‘Equal Pay for Work of Equal value’. The basis of this proposal was creating payment package parity between local Lecturers and those of expatriates.

You may be aware that most expatriates in Zambia had a dollar component called inducement allowance added to their salaries that was payable in any Country of their choice plus a kwacha salary equivalent to the local Lecturers. This dollar component cushioned expatriates from any inflationary distortions in the economy as its value could not b eroded by devaluations in the local currency. Our proposal was supposed to have long term effects which could have cushioned Lecturers salaries from inflationary distortions and thereby creating stability on their basic earnings.

Negotiating for salaries year in year out is counter-productive. People’s salaries are supposed to be automatically adjusted each year to take into account any inflationary distortions in the economy. This idea was agreed by government and then Minister of Labour Hon. Sata, now HE The President of Zambia requested us to draft a Cabinet memorandum which was to be tabled at a Cabinet meeting the same month in 1993. This pay framework was supposed to be implemented in 1993 but government kept shifting goal posts until April 1994 when Lecturers ran out of patience and went on strike over the same. What followed turned UNZA upside down.

To-date, the outcomes from that meeting promised to us by then the Hon. Minister of Labour have never been discussed as the University was forcibly closed in April 1994 the over Lecturers’ demands to have that proposal implemented. Whether those demands were discussed genuinely at Cabinet level shall remain unknown. Lecturers were fired and later intimidated into submission. Those of us that could not be intimidated took legal action and subsequently won the Court case. Most Lecturers were working half heartedly while waiting for the next advert at another Institution.

The resulting consequences of those actions by government were massive brain drains from UNZA. To the best of my knowledge, UNZA lost more than 300 Lecturers between 1994 and 1998. These Lecturers are serving in foreign Countries where stable conditions allow them to plan their living without worrying about money for the next meal. Unfortunately, politicians will never understand that nobody can supervise a Lecturer in practical terms. A Lecturer worried about a meal for his family will never plan his/her teaching effectively and will never deliver learning in a constructive manner. They end up coping notes for the students and not lecturing. Others end up compromising their professional ethics and get bribed. The Institution suffers and in the long term the Country suffers – Catch 22. What that means is that most Lecturers would prefer to be using their spare time taking private tuition and never engaged in supporting students as doing so would mean sacrificing their families who may end up going hungry.

I am sure most government leaders are aware that this is the situation prevailing at UNZA since then. It is undeniable that standards will continue going down until long term solutions are found. The long term consequences are that such Lecturers would never engage in Research and Scholarly Activities (RSA) in a constructive manner. Who suffers? The Institution suffers as the Academic recognition and subsequent rankings of International Universities depend on the number of publications of its Academic staff. What is UNZA’s ranking on the International scale? Coupled with an unstable learning environment where students can take to the streets at any time, it is no wonder UNZA does not attract any foreign students.

Similarly students allowances are not supposed to be negotiated year in year out. The government plans the budget and knows the realistic cost of living. Their plan should take into account their responsibilities to the students they sponsor. They don’t need to wait for students’ demands before responding to their needs.

Today, it is amazing that having gone through such experiences, some of the sitting government officials who were themselves victims of such poor planning leadership styles can sit back and watch UNZA deteriorate while they drive past in their luxurious cars. It is a fact that some of the people who taught at UNZA and subsequently returned to UNZA after losing political Office are part of the group of Lecturers complaining about salaries. How hypocritical when they had a chance to do something positive about UNZA when they were in government.

It is my considered view that government revisits the equal pay framework and implements it fully if UNZA is to be stable for a while. Any knee-jerk increments aimed at circumventing the real problem for now will only postpone it to the next year and we shall be back to square one. It is one thing to promise something and another to effect it. Leaders need to be proactive and plan ahead for all Institutions. Academics’ problems and those of their students are never sudden in nature and usually have a cycle. Government can plan around such issues and build into their systems checks that would ensure these issues are triggered automatically without waiting for anyone to complain. These systems exist and are working in other Institutions, why not UNZA and Zambia as a whole?

UNZA is a great Institution that has shaped Zambia locally and internationally. Its deteriorating standards should be something we should all worry about as it is the heart of Zambia’s future. Unfortunately, all these prevailing problems are creating an environment where there is no RSA to inform the teaching. Most teaching materials at UNZA have never been revised for many years as Lecturers have no time for such activities. They are worried about their survival – what a shame? This should worry any well meaning and caring leadership.

Our most brilliant children should be the heart of our nation and neglecting them can only be at the nation’s peril. No nation will give you its best people. Governments need to invest in their best people. The onus is on government who may wish to seize this opportunity and create a real meaningful legacy by finding long term solutions to the well known problems in our Higher Education Institutions. UNZA is just one of them, the problems are the same with other institutions as well. The ball is in government’s court – will they play it?

By the  University of Zambia,Office of the Secretary general,Ruin Police (RUPO).

It is now paramount for us the students to realize that if we keep quiet we may have to extend our stay at the university unreasonably longer. Time as it is said is money; each bit of it lost is never gained. The once great UNZASU is now a coward and failing to speak on this issue of surmountable importance.

UNZASU has been reduced to nothing but a rubber stamp of government policy because we as students elect our union based on EMOTIONS and not the quality of DATA one has.The past UNZASU elections can easily be likened to one where we made a massive mistake, similarly to the national elections.We voted for H.E.MICHAEL SATA hoping for a better tomorrow after the morning of 23rd September,2011, has it come? We the students can answer that. Our tomorrow is bleak; our hope of opening on time is slowing being pushed to next year, this translates to losing an entire six months, because of what???[pullquote]Remember these current police force and not service is brutal we ask all students to please not engage in protests or any form of violence for now[/pullquote]

Government failure to address the plight of poorly paid lecturers who have inadequate teaching aids, overcrowded lecture threatres, which are too hot without air conditionings. I do remember Dr. Chiputa (UNZARULU PRESIDENT) coming to a lecture with an umbrella so as to protect himself from the leaking roof due to rain and this is at the highest learning institution in Zambia. Why did Dr. Ngandu (former Registrar) leave and go to ZCAS where he is currently the Executive Director there? Poor conditions of services can be the only answer.

Lectures train human resource that develops this nation but the conditions faced by our lecturers are pathetic and hence the strike being justified. We therefore need to react to this indefinite closure. Many may ask how???

Firstly, government seems not to be listening to the cries of our noble lecturers. We need to make them listen, we need to organize
ourselves since we are all home in the various districts around the country meaning we can not use the monk square to resolve this very
urgent matter but students in Lusaka can meet at monk square.

RUPO is therefore calling on all students around the country to organize themselves and issue a press statement through your local media agency. This is to expose the government inconsistence on tertiary education.

Students are asked to engage their parents and lobby for they support and enlighten them on the consequences of the continued strike by our lecturers. To Students whose parents are in government and are ministers, Deputy Ministers, senior and junior government officials please engage them and ask them on our behalf to deal with this closure swiftly( please engage the mothers even more).

These are the first steps to our series of actions which will unfold in the days to come.

Remember these current police force and not service is brutal we ask all students to please not engage in protests or any form of violence for now. RUPO has given government this week reach find a solution to this strike and senate to issue new opening dates.

Lets continue to unite, united we stand divided we fall.
VIVA STUDENT POWER!! VIVA MONK!! VIVA MOMA!! VIVA MATURE!! VIVA UNZARULU!!.

KANSANSHI Mining PLC is demanding for US$20 million from two Solwezi residents and others who allegedly incited mine employees to go on an illegal strike which resulted in loss of business.

The $20 million was for damages and loss of business resulting from the four-day alleged premature and illegal strike action early this year.

The mining company has dragged Benson Ngambo, Yobe Banda and others to court demanding for compensation for loss of business which the company endured when the duo allegedly induced and influenced employees to undertake an illegal strike action.

According to a statement of claim filed before the Lusaka High Court, Kansanshi Mining stated that Ngambo, Banda and others allegedly induced, persuaded and procured its employees to breach the contracts of employment by influencing a strike action which resulted in the loss of business.

The company stated that Ngambo, who claimed to have been a representative of Government and Zambia Congress of Trade Unions (ZCTU), together with Banda and others on March 1, 2012 induced Kansanshi mining employees to go on a strike action contrary to the provisions of the Industrial and Labour Relations Act chapter 269 of the Laws of Zambia.

It stated that on the material day, Ngambo addressed the employees and made a call for them to participate in a strike action and picketing around the company premises.

The company said the move taken by Ngambo, Banda and others was a breach of its employees’ employment contracts as the strike was unlawful and illegal.

It said the duo and others influenced the employees to physically ban the way of persons and motor vehicles trying to enter and leave the mining area while they intimidated and harassed drivers.

Kansanshi Mining claimed that the striking employees barred heavy duty vehicles loaded with various merchandise from delivering in and out of the mining area, a move that caused loss of business not only to it but third parties as well.

It stated that because of the same, Kansanshi Mining lost approximately $5 million per day in revenue.

The company, which had initially jointly sued 14 of its former employees and later filed a notice of discontinuation against them, had also sought an injunction restraining further striking, which was granted.

The matter is being handled by High Court Judge Dominic Sichinga who has set September 20, 2012 as the date for commencement of trial.

[Times of Zambia]

Chairperson for the African Parliamentarians Network Against Corruption (APNAC) Zambia chapter Cornelius Mweetwa has said reports indicating the arrest of fugitive Attan Shansonga in Denmark sends a warning signal to leaders who plunder public funds and seek refuge in the Diaspora.

Speaking in an exclusive interview with Qfm news, Mr. Mweetwa has since called on government to ensure that Mr. Shansonga is extradited to Zambia.

Mr. Mweetwa said people who squander public funds must not be tolerated and further urged law enforcement agencies to ensure that Mr. Shansonga faces the law.

He has also urged the international community to emulate the gesture exhibited by Denmark adding that it should be extended to individuals wanted by the law enforcement agencies in the country.

Mr. Shansonga who was arrested by the Anti Corruption Commission (ACC) ten years ago in connection with the money he is alleged to have received from the Zamtrop account in London and fled to the United Kingdom in 2004 is reported to have been arrested by the Danish security on Saturday.

QFM

Energy Minister Christopher Yaluma says his ministry is this week likely to conclude talks with the two preferred oil companies, Gunvor and Trafigura regarding a two- year contract for the supply of oil and refined fuel.

Mr. Yaluma says technocrats at his ministry are still FINALIZING talks and will produce a final report as soon as they conclude.

Mr. Yaluma says he will only be able to answer to questions being raised with regards the two contracts once the entire negotiation process is completed.

He says he will wait for the team to conclude the talks because he does not want to interfere or influence any part of the process which he says is highly transparent.

The energy minister was speaking to QFM in an interview.

[QFM]