LUSAKA lawyer Kelvin Bwalya has challenged the three suspended judges to retire on moral grounds before the tribunal determines their case if they are to save their faces and the integrity of the judiciary.

Mr Bwalya, in an interview yesterday in Lusaka, said the affected judges had an option to the whole episode if they felt hurt to either retire or,if they felt they could go through the tribunal, to wait for the outcome.

“There is nothing wrong in what the President decided to come up with as he has used the Constitution to put in place the tribunal.

“For now I can only ask the affected judges to be patient with investigations, trial and recommendations, but if they feel affected, they have an option to retire to save their faces and the judiciary. If there is nothing wrong, then they should just wait,” he said.

Mr Bwalya of KBF and Associates said those accusing Mr Sata of not using Act 13 of 1999 of the Judicial Complaints Authority should bear in mind that the President uses the Constitution in appointing judges and also used the same Constitution to suspend them.

He said the said Article stipulated that where an appointed tribunal advises the President that a judge should be removed from office for inability, incompetence or for misbehaviour, the President would?remove such a judge.

If the situation was the other way round, the President would revoke the suspension.

“Act 13 of 1999 is an Act of Parliament and it cannot be used to interpret the Constitution because the Constitution is the groomed norm of this country over other statutes.

“All other statutes must conform to the Constitution, and any other is invalid. So at the end, it is the President who chooses which prerogative to use,” Mr Bwalya said.

He said the President, having opted to use the Constitution, simply meant that Act 13 of 1999 fell away and that even if the President had decided to use this method, it would still eventually have gone to his office to set up a tribunal.

Mr Bwalya said the President’s decision to appoint a Malawian judge to chair the tribunal was according to Article 98 (3), (a) which stipulates that a President shall appoint a tribunal which would consist of a chairperson and not less than two other members, who hold or held high judicial office.

The Constitution does not specify who the chairperson should be but for purposes of transparency and fairness, Mr Sata decided to pick a judge who would understand the nature of the tribunal.

Another lawyer, Willy Mubanga said it was clear that President Sata opted to rely on the Constitution when he made his final decision to suspend Supreme Court Judge Phillip Musonda, and High Court judges Nigel Mutuna and Charles Kajimanga.

Mr Mubanga of Chilupe and Permanent Chambers said the President used the provisions of Article 98 to come up with the decision he deemed fit and advised everyone to visit the said article for better understanding.

He said the said Article clearly read that a judge of the Supreme Court, High Court, chairperson or deputy chairperson of the Industrial Relations Court, may be removed from office for inability to perform the functions of office, whether arising from infirmity of body or mind, inconsistency or misbehaviour and would be so removed in accordance with the provisions of this Article.

Mr Mubanga said Article 98 (3), (b) stipulates that the tribunal would inquire into the matter and report on the facts to the President and advise him whether the judge ought to be removed from office under this Article for inability or for misbehaviour.

He said the President was provided with certain information which he deemed needed investigations which could be done in two ways and in either way the constitutional one surpasses all.

“I think the process was clear as the President is obliged to do what he did when he suspended the judges and the truth will come out. Either way the law is very clear on the next course of action,” he said

[Times of Zambia]

SEX workers have threatened to ‘thump’ police officers, daring to execute Lusaka Province Minister Gerry Chanda’s order of removing them from their hot-spots.

The sex workers say they would gang up and confront any police attempts even by throwing stones and protect their money-spinning territories on the Lusaka city streets, which include those in Rhodespark, Northmead, Kabwata and Emmasdale townships.

But police spokesperson Elizabeth Kanjela said no matter the resistance from the sex workers, law-enforcement would still prevail.

The sex workers observed that Colonel Chanda’s recent order was issued without a thorough process of consultation with stakeholders, including the affected women themselves, who were just providing a service to stranded men.

A Sunday Times team that visited the sex workers in the streets of Lusaka revealed that it was business-as-usual and more money in their pockets despite the observations by Col Chanda.

The sex workers trashed Col Chanda’s attempts to thwart them off their cherished ‘jobs’ saying economic hardships leading to poverty had forced them to work on the streets and provide sexual services in exchange for local or foreign currency or, come what may, as long as it would earn them a living.

[pullquote]“Police are in for a surprise if they dare come here to arrest us. We will stone them, they should not even dare to come near. We are earning a living, we don’t have jobs and we don’t follow men in their homes. They come on their own”.[/pullquote]

Christie Nsama found in one of the streets in Lusaka’s Rhodespark Township, a popular area for sex workers, warned that “police are in for a surprise if they dare come here to arrest us. We will stone them, they should not even dare to come near.  We are earning a living, we don’t have jobs and we don’t follow men in their homes. They come on their own”.

Ms Nsama, 19, said she had been operating from Lagos Road for two years but orders passed by Col Chanda were unfair. She was flanked by four other ladies.  She said there was nothing wrong with their business to warrant arrests.

On HIV/AIDS, Ms Nsama said sex workers were aware of the pandemic and encouraged each other to use protection.

“We are not dull. As much as we are in this business, we ensure that we use protection. I go for VCT more often than other women and we encourage each other here but if a client wants to have unprotected sex, then they pay more.  That is the rule of the game around here,” she said smiling.
Agatha Tembo claimed that after hearing of Col Chanda’s pronouncement, the sex workers had to plan the way forward and agreed on their game-plan to counter being removed.

“We heard about the pronouncement by the minister but we need to survive. So we will stand our ground,” she said.

Her sister, Nelly Tembo said she did not see the rationale behind Col Chanda’s announcement, saying the girls were not a threat to anyone but themselves.

“We come here and conduct our own business. We don’t mind what other people do. No one feeds us or our families, and why should we be threatened by this pronouncement?

[pullquote]“We are not dull. As much as we are in this business, we ensure that we use protection. I go for VCT more often than other women and we encourage each other here but if a client wants to have unprotected sex, then they pay more.  That is the rule of the game around here,” she said smiling.[/pullquote]

“There are prostitutes everywhere, even in bars and night-clubs, they are there. The Government should target them as well instead of targeting us,” she said.

Amanda Matakala, also calling herself Wildcat, added that it was unfair to remove sex workers from the streets, saying in her view they had not broken any law.

“Vendors are still on the streets, they are trying to make ends meet just like we are doing but unlike vendors we are not inconveniencing members of the public. It’s just a sexual service we offer to stranded men,” she said.

Some sex workers found operating on the streets of Northmead Township also vented their anger on the minister’s pronouncement, saying the decision needed to be arrived at with deep consultation.

Vaida Mulenga, 27, said she did not understand why the decision was made, saying such a step required extensive consultation with stakeholders, including the ladies

[Times of Zambia]

Government has described the National Pension Scheme Authority (NAPSA)’s move of embarking on a constructing project of modern building infrastructures as a good economic investment to the country.

Speaking to ZANIS in interview shortly after a familiarization tour of some of the modern building infrastructure constructed by NAPSA in Lusaka yesterday, Information, Broadcasting and Labour Permanent Secretary Amos Mr Malupenga noted that government was happy with the infrastructure development by the Authority.

He pointed out that it was a good thing that NAPSA was constructing modern building infrastructure development in some parts of the country, a move he said is being appreciated by government.

Meanwhile, NAPSA Director General Charles Mpundu said the familiarization tour was meant to let government through Mr Malupenga know what modern building infrastructures NAPSA had implemented so far.

He added that the building of modern infrastructure development was not only being done in Lusaka but even in other areas across the country.

Mr Mpundu pointed out that the programme that NAPSA had embarked on was progressing well and needed to be spearheaded.

ZANIS