The Foundation for Democratic Process (FODEP) has said there is need to explicitly scrutinize the recommendation on dual citizenship in the first draft constitution of Zambia.

The 253 page document released to the general public two weeks ago,recommends under part IV that a citizen shall not lose citizenship by acquiring the citizenship of another country.

FODEP executive director Mac Donald Chipenzi said that there was need for the recommendation in the first draft on dual citizenship to be scrutinized because the recommendation was porous.

For instance, Chipenzi said a person who had dual citizenship committed a crime in Zambia could easily relocate to the other country to which he/she is also a citizen.If a person who had committed a crime in Zambia relocates to the other country he/she would then be protected by laws of his/her other country because he is a citizen of that particular country.

“The recommendation under dual citizen may have advantages but it is important that it is also looked at it from the other side. If for example somebody has dual citizenship and commits a crime in Zambia it will be very easy for that person to relocate to the other country.“And once he is in the other country the laws of that country will protect him since he is a citizen of that country making it difficult for him to be brought to book. So it is important that the recommendation is analyzed, “he said.

The first draft under part IV also states that a citizen who before the commencement of the constitution, acquired the citizenship of another country and as a result ceased to be a citizen shall be entitled to apply to the citizenship board of Zambia to regain that citizenship.

Mr Chipenzi also recommended for the inclusion of the Call Vote which he said was one of the recommendations in the Mung’omba Draft Constitution.

He said under the Call Vote the electorates have the powers to petition a member of Parliament (MP) who was under performing in parliament.

“The Mung’omba draft constitution had recommended for a call vote where the electorates can petition a member of parliament who is not representing them adequately. Because in many cases we have MP’s who do nothing in parliament till the end of their term, “he said.

Meanwhile, the Technical Committee on drafting the Zambian Constitution has appealed to Zambian’s to take keen interest and make comments on the first draft constitution.

Technical committee spokesperson Simon Kabanda said there were very few comments from the general public so far.

Mr Kabanda said there was need for the general public to make known what they thought should be included in the constitution.

“Very few comments are coming through on face book and comments box.

So we are appealing to Zambian’s to make their comments and make known what they think should be included in the constitution as this draft is not the final document but a working document, “he said.

Mr Kabanda also revealed that the technical committee would on May 17 2012 have a meeting with stakeholders were they would evaluate the performance of the technical committee drafting the constitution.

It is at this meeting where it would be decided on whether the 40 day period for the public to analyse the draft constitution would be extended.

DIVORCE cases in Zambia have skyrocketed, a trend some marriage experts say is alarming.

And the experts have cited unfaithfulness, drunkenness, lack of communication, violence, finances, parental interference and early marriages as prime contributing factors to divorce.

FORMER National Legal Aid Clinic for Women director, Maureen Samulela said divorce cases were on the increase because of varying factors.

Ms Samulela said early marriages were a pressing factor because couples were not able to make decisions on their own in an event of a misunderstanding. Instead, they opted to seek advice from friends.

“Most of the victims are young and do not exercise the ability to make decisions on their own but are advised by influential friends and relatives, which is wrong,” she said.

She said the time she was director at the women’s clinic, couples facing problems would first receive advice from trained counsellors and only when they failed to reconcile would they proceed with legal proceedings.

Ms Samulela said under the Matrimonial Causes Act of 2007, the reasons for divorce were clearly stipulated and divorce could only be granted if these aspects were present.

[pullquote]“Most husbands do not disclose their income and are in the habit of hiding of their payslips, a trend that causes friction in most homes,” she said.[/pullquote]

“Adultery, unreasonable behaviour and absence of at least five years immediately preceding the petition would be the only grounds for divorce,” she said.

Ms Samulela said Church marriages did not meet the requirements of the Matrimonial Causes Act of 2007 and that most couples that underwent this kind of marriage were disadvantaged because they could not be represented or acknowledged.

She said the procedure for divorcing Christian marriages should be included in the Matrimonial Causes Act because victims were not given what was rightfully theirs.

[pullquote]  Magistrate Mwewa said she handled approximately 11 divorce cases in her courtroom every week, which was not the case in the past.[/pullquote]

“Since Church marriages are not recognised in the Matrimonial Causes Act, most people lose out on property settlement because their marriage certificates are not valid in the courts of law,” she said.

She said couples should not resort to divorce but dedicate themselves to marriage to preserve their families.

And Lusaka senior presiding magistrate Elipher Mwewa said divorces among couples in Lusaka had increased to alarming levels in the past decade.

Magistrate Mwewa said she handled approximately 11 divorce cases in her courtroom every week, which was not the case in the past.

“Most husbands do not disclose their income and are in the habit of hiding of their payslips, a trend that causes friction in most homes,” she said.

On drunken behaviour, magistrate Mwewa observed that this led to divorce because spouses could not adjust to the other’s behaviour.

Magistrate Mwewa said mobile phones had also contributed to the increase in divorce cases because it promoted infidelity in households.

She said women were also culprits because most of them had adopted a culture of competing with their husbands.

Magistrate Mwewa said this was unheard of in the past because women were supposed to be submissive to their husbands regardless of financial status and occupation.

“Due to empowerment, most women have adopted extravagant lifestyles and fail to stick to their budgets,” she said.

Magistrate Mwewa said women nowadays did not wash and cook for their husbands but employed maids to perform house chores.

She said parental interference was another aspect that had contributed to the high divorce rate in the country.

Magistrate Mwewa said because of parental interventions, most couples failed to withstand pressure from the parents from both parties.

“Parents involving themselves in their children’s affairs escalate the situation and in most cases the couple fails to resolve the problem and resorts to divorce,” magistrate Mwewa said.

Magistrate Mwewa said most people had a wrong perception about marriage and failed to comprehend when problems arose in the house.

“Most people are not psychologically prepared for marriage and only expect the good side of it, while overlooking the harsh reality that comes with the life-time commitment,” she said.

She said in her 18-year career as a magistrate, she had noticed that most couples failed to accept their spouse’s weaknesses and strengths, thus ending up separating or divorcing, which was not acceptable in African society.

And magistrate Hilda Choonya concurred, saying there was a rise in divorce cases in Zambia.

[pullquote]“Most people are not psychologically prepared for marriage and only expect the good side of it, while overlooking the harsh reality that comes with the life-time commitment,” she said.[/pullquote]

Magistrate Choonya said divorce cases in early marriages were rife because the couples involved were young and inexperienced.

She said statistics of divorce involving early marriage couples were high and alarming.

Magistrate Choonya said parents were to blame for the increase in divorce cases because they did not ensure their children were prepared psychologically.

“Parents have contributed to the increase in divorce cases because they do not prepare their children psychologically for the ups and downs of a marriage,” she said.

[pullquote]She said most couples aged between 23 and 45 divorced because of infidelity, drunkenness and sexual related issues. She said couples above the age of 50 usually divorced because spouses suspected their partners of practising witchcraft and other things.[/pullquote]

She said the trend by most parents to force their daughters to get married after being pregnant was another setback because in such cases, they ended up being divorced.

“Most of these youngsters are usually not ready for a life-time commitment but only concentrate on having fun, therefore, parents should not force them to marry after being impregnated,” she said.

She said most couples aged between 23 and 45 divorced because of infidelity, drunkenness and sexual related issues. She said couples above the age of 50 usually divorced because spouses suspected their partners of practising witchcraft and other things.

She said couples should be educated on the right procedures when getting married so that they could adapt and commit themselves to the marriage regardless of obstacles.

[Times of Zambia]

FIRST Quantum Minerals (FQM) chairman Philip Pascall has praised President Michael Sata for demonstrating strong commitment to boosting investor confidence in the Zambian economy.

Mr Pascall, who is also FQM chief executive officer, said the decision to proceed with Sentinel Copper Mine “strongly” validated Mr Sata’s pledge to see greater investment that was mutually beneficial to investors and Zambians.

The acknowledgement comes barely days after FQM announced a go-ahead for full construction of the company’s K8.8 trillion (US$1.7 billion) Sentinel Mine, the first of the three potential mines at the Trident project in North-Western Province.

The decision followed confirmation from Zambia’s State-owned electricity company, Zesco, for the connection and supply of power to the mine.

“We greatly appreciate the efforts of Honourable Christopher Yaluma, Minister of Mines, Energy and Water Development for his leadership and tireless efforts in guiding the project to this stage.

“We also wish to thank Cyprian Chitundu, managing director of Zesco and Andrew Chipwende, CEO of the Zambia Development Agency and their teams for their valuable and constructive input,” Mr Pascall said.

He reiterated that Sentinel would be a major catalyst for the diversified growth of the Zambian economy, and would significantly augment the benefits and opportunities for Zambians.

[Times of Zambia]

TODAY’S SCRIPTURE

“And not being weak in faith, he did not consider his own body…he did not waver at the promise of God through unbelief, but was strengthened in faith, giving glory to God, and being fully convinced that what He had promised He was also able to perform”
(Romans 4:19–21, NKJV)

TODAY’S WORD from Joel and Victoria

In scripture, Abraham was known as the father of our faith. But, he had many obstacles coming against the promise of God in his life. God told him that he would be “the father of many nations.” Abraham was over 90 years old before he ever saw that promise begin to come to pass. This scripture tells us that He didn’t consider his body. He didn’t think and meditate on all the reasons he couldn’t be the father of many nations. No, he considered and thought about the strength and ability of God! He thought about God’s faithfulness and gave praise and glory to Him! The faith that Abraham exercised enabled God to move on His behalf and fulfill the promise in His life.

Today, what are you believing God for? Does it seem impossible? Has it taken a long time? Consider your God. Consider His Word. Consider His faithfulness. Just like Abraham, you’ll grow strong in faith as you give glory to God. Your faith will open the door for God to move in your life, and you will experience the victory and breakthrough He has in store for you!

A PRAYER FOR TODAY

Heavenly Father, thank You for Your faithfulness and strength at work in my life today. I choose to consider Your ability over my circumstance. I choose to trust You. I give You praise, honor and glory, now and always in Jesus’ name. Amen.
— Joel & Victoria Osteen

The Kabushi local court in Ndola as granted divorce to the 52 year old house wife Chanda.

This is in a matter where Chanda sued to end her marriage stating that her husband Mbewe 54, was not satisfying her sexually.

In passing judgment presiding magistrates Mildred Namuziye and Paul Kayula said Mr Mbewe had failed to satisfy his wife sexually which was
an indication that there was no marriage.

The presiding magistrate said Mr Mbewe was supposed to divide time for his second wife who in this case was Ms Chanda and his first wife.

She said when a man was in a polygamous marriage he divides time for both homes unlike in the case where Mr Mbewe left his matrimonial home
for good but still continued to claim that he was married to her.

Ms Chanda of Mushili told the court that she got marriage to Mr Mbewe in 1987 as a second wife during which dowry was paid.

The couple had four children together and the problems in the marriage started in 2000 when Mr Mbewe packed all his clothes claiming he was
going for work but instead went to Kabushi to his first wife and stopped dividing time to visit his second wife.

She said Mr Mbewe would go for one to two months without visiting his second wife with the children and also stopped providing food for
them.

This move angered Ms Chanda and when she complained Mr Mbewe demanded for oral sex from his wife.

Thereafter Ms Chanda was surprised to learn that her husband had married a third wife by the name of Evelyn with whom he had a child
with.

This surprised her because her husband had claimed he had been sick and could not have sex with her because he could not perform.

In a cross examination Mr Mbewe said he decided to leave the house because of the problems that they had continued to experience with his
wife.

Mr Mbewe said when he fell sick his wife Ms Chanda decided to leave her to go for business in Lusaka.

But Ms Chanda told the court that she reported all the problems they were experiencing to the Shimukombe and the husband had left the house
since 2008 to date.

But in defence Mr Mbewe said his wife Ms Chanda decided to leave her because his manhood had stopped functioning.

Mr Mbewe said his wife Ms Chanda was even looking for medicine for him so that he could recover from this problem.

“Even up to now I’m still sick my manhood does not function properly this one (Ms Chanda) went to even search for medicine for me,” he
said.

He said following the mal functioning of his manhood his wife used to run away from the house at night claiming she was collecting debts
from her debtors as late as 04:00 am in the morning.

In delivering judgment the presiding magistrate said Mr Mbewe had a problem because he was in the habit of marrying.

“When a man marries for the first, second and then marries a third wife then that man is a problem because how can he be marrying any
how. It’s a man who is a problem here,” she said.

She said Mr Mbewe left his second wife claiming he was sick but went on to have a child meaning he was okay.

She said men that were in polygamous marriage always divide time for their wives unlike in this case and dismissed the marriage.

She said the defendant who in this case was Mr Mbewe had a chance to appeal to the magistrate court within 30 days and Mr Mbewe was to
compensate his Ms Chanda by paying her the sum of K8 million.

The first installment of K500, 000 was supposed to be paid on June 11,2012 and the other payment would K300, 000 per month.
Ms Chanda has also be granted the Mushili house with her four children, because Mr Mbewe had a house in Kabushi where he lived with
his first wife and the other house in Chipulukusu was for Evelyn who he claimed he had left her.

All the belongings in the house had been given to Ms Chanda and Mr Mbewe also decided to give a sewing machine to his wife also.

But Mr Mbewe said the judgment was not fair because he would pay Ms Chanda a lot of money but the presiding judge said it was a fair
judgment considering the fact that they had been married for more than 25 years.

The Parliamentary Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs has observed that most ministries were corrupt in the tender procedures.

Committee Chairperson Jack Mwiimbu observed that the ministries of Home Affairs, Education, Health, provincial administration among others were dented with corruption during the tender procedures.

Mwiimbu who is also UPND Monze central Member of Parliament (MP) said during a meeting held in Chipata that the cases of corruption were
very high during tender procedures.

He said Eastern Province was not left out in the corruption looking at the revelations at the latest Auditor General (AG) report.

“Eastern Province is also well known in terms of corruption and we are aware of the issue of corruption during the tender procedure. These
ministries are involved in corruption cases,” Mwiimbu said.

Some contracts were being awarded to unscrupulously people who cannot even managed to do quality of work, he said.

Mwiimbu said at a meeting also attended by committee members Mkushi South MP, Sydney Chisanga, Chitambo MP, Mushili Malama and Bwacha MP,
Sydney Mushanga.

Mwiimbi said there were glaring irregularities in the awarding of the tenders to some contracts which ended up in the Government losing huge
sums of money in paying the fake contractors.

He said the trend was bringing a lot of the misappropriation of funds because of some insiders in the tendering process were conniving in
the awarding of the contracts.

“Even police if they do not have a chicken at home for relish, they will go to the roads and do road block in order for them to have something to eat,” he said.

Mr Mwiimbu said it was sad that the ministry of education was one of the ministries which he said was among the most corrupt in Zambia.

He advised the provincial roads engineer Ziko Banda to inspect works thoroughly and ensure contractors have satisfied their contractual
obligations before certifying the jobs.

“It is unfortunate that most of the roads in Eastern Province were given to one contractor and it is difficult for this contractor to
finish the works,” he said.

Speaking at the same meeting, Provincial Education Officer, Pilila Jere complained over Gabman Contractor who was awarded a contract in
Lundazi District.

She said the contractor was given a tender to construct two schools in the district which have not been completed for a long time now.

Ms Jere said it was difficult to control most of the contracts because they were awarded in Lusaka and there is politics involved.

In echoing his sentments, Chipata General Hospital Medical Superintendent Dr Francis Bwalya also said the ministry of health was forced to terminate the contract of Gabman because of the poor workman ship during the construction of paramedics flats at the hospital.

Eastern Province Chief Regional Planner Frank Simushi said most of contracts awarded at national level had some bureaucratic procedures.

He said most civil servants were mute about the mistakes for fear of losing jobs.

The planned sittings by the Malawian Judge Lovemore Chikopa regarding the tribunal to look into the purported misconduct of the three suspended judges is expected to be hosted at the luxurious new government Conference Centre in Lusaka.

A woman who has been appointed as Tribunal Secretary is Chipili Katunasa and she has said that the secretariat had been allocated offices at the government complex and that all logistics for the tribunal were being organized.

Ms Katunasa said Mr Justice Lovemore Chipoka was expected arrive in Zambia next week and his tribunal would sit for the first time.

“When the Judge arrives, the first meeting would be held to discuss the method and procedure of the inquiry. The public would be informed whether the hearing would be held in camera or whether it would be open to the public,” she said.

President Michael Sata appointed a tribunal to investigate the alleged misconduct of Supreme Court Judge Philip Musonda and High Court Judges Charles Kajimanga and Nigel Mutuna pursuant to the provision of Article 98 (3) of the constitution of Zambia.

According to the terms of reference on Justice Mutuna, the tribunal would inquire into his conduct in relation to the manner in which he presided over hearing and determination of the case of Development Bank of Zambia versus Post Newspaper limited, JCN Holdings limited and
Mutembo Nchito.

others are that the tribunal would specifically inquire into charges that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Justice Albert Mark Wood before whom the matter had been heard.

It is alleged that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Justice Wood’s independence as a Judge had been interfered with in the course
of proceedings relating to the matter.

Justice Mutuna allegedly misbehaved or could have acted incompetently in the circumstance of the matter when he proceeded to deliver judgment in a matter in which the plaintiff had expressly indicated that it no longer intended to proceed with matter as a result of which
it filed a notice of discontinuance.

With regard to Justice Musonda and Justice Kajimanga, the tribunal would probe their relation in the matter in which they interfered in and illegally retrieved or caused the retrieval of cases of Development Bank of Zambia versus the Post Newspaper limited, JCN Holdings and Mutembo Nchito and Finsbury Investment limited versus Antonio Vetriglia and Manuela Sebastiani Vetriglia the matter from Justice Wood.

Justice Musonda and Justice Kajimanga allegedly misbehaved or acted incompetently when whilst acting together they conspired to pervert the course of justice by retrieving or causing the retrieval of records relating to matters from Justice Wood during the due execution of his judicial functions as Judge of the High Court of Zambia.

The tribunal is expected to give recommendations President Sata within a period of two months or such other period as the tribunal would
reasonably recommend.