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Kitwe United spokesperson Dorothy Sampa has revealed the municipality-sponsored outfit plans to maintain coach Fred ‘Schemer’ Siame ahead of the 2012 Division One North campaign.
United missed out on winning promotion after finishing 9th on the log with 44 points.
They have failed to bounce back to the Super Division since it was demoted in 2006.
Sampa said the Garden Park side is satisfied with the performance of Siame who joined the Buchi Boys last year following the indefinite suspension of his predecessor Lawrence Mweemba on disciplinary grounds.
“We don’t have plans of making changes to our technical bench,” she said.
“We want to give an opportunity to our coaches to perform well this season,” Sampa added.
She said United’s failure to win promotion cannot be blamed on coaches but on the financial challenges the team faced last season.
“It will be unfair to judge the performance of our coaches because of financial problems we faced last season. There were delays in paying allowances to players,” Sampa said.
Minister of Labour, Sports and Y Chishimba Kambwili (L)
The Ministry of Foreign Affairs has refuted media reports that diplomats complained about the conduct of the immediate past Minister Chishimba Kambwili prompting President Michael Sata to carryout a mini-cabinet reshuffle.
Public relations officer Mushaukwa Lubinda has told QFM that Mr. Kambwili’s transfer to the ministry of labour, Youth and Sport is not as a result of the alleged complaints from the diplomats.
Mr. Lubinda says the decisions to move Mr. Kambwili is based on the fact that he performed exceptionally well thereby contributing to the improvement of working relations between the ministry and diplomatic corps.
He adds that the ministry is grateful to Mr. Kambwili for his dedication to service and that the ministry also remains confident that he will equally excel in his new portfolio.
In today’s edition, the Post has carried a story stating that diplomats complained about Mr. Kambwili’s behavior.
Libya’s LAP Green says it is keen to have the current situation surrounding Zamtel resolved as soon as possible.
In a statement released to QFM,LAP Green Chairman Wafik Shater says they welcome any opportunity to work with the Zambian Government to secure a swift and positive outcome that benefits both Zambia and Zamtel.
Mr Shater says LAP Green sees a very positive future for the company under the joint ownership with the Zambian government, and looks forward to further growing the business and to continue making a major contribution to the Zambian economy.
He says LAP Green is deeply committed to the future of Zamtel, and that since acquiring the company for $257 million in June 2010,they have quadrupled its subscriber base,securing more than 800,000 subscribers by the start of 2012.
Mr Shater states that a vibrant Zamtel is helping to satrenghten the Zambian telecoms sector through competition and choice.
He adds that since June 2010,over 1,700 jobs have been created at Zamtel including distributors.
United Party for National Development, UPND president Hakainde Hichilema
Republican President Michael Sata has described as useless a letter written to him by UPND leader Hakainde Hichilema dated 27th December, 2011 with regards the opposition leader’s Kabulonga house, NO. F/488A/14/A/3.
In his letter of reply to the UPND leader dated 11th January,2012 obtained by QFM,President Sata, in acknowledging receipt, said that he expected more meaningful correspondence from leaders of political parties which will assist solving the problems facing the country.
President Sata said that was unfortunate, when people that have never been cadres, just ascend to the top of a political party from nowhere. They do not understand the problems facing the country apart from problems facing their pockets, the president said.
In his letter to the President, Mr Hichilema observed that President Sata’s habit of abusing,demeaning,ridiculing and wrongly accusing innocent and defenceless citizens had worsened.
He pointed out that President during a visit to Mazabuka in November 2011 made wild allegations about him including allegations that he wrongly acquired his family house he is occupying in Lusaka’s Kabulonga residential area.
[pullquote]“You will have to look at the old cases like the privatisation of Roan Mine, Kajem Mine, Lima Bank and Intercontinental Hotel in Livingstone. All these are cases that are stinking with corruption,” Mr Sata said[/pullquote]
Mr Hichilema refuted that he has never been a liquidator of Lima Bank contrary to the President’s insinuations, AND that the said house which he says he bought through public tender has never belonged to Lima Bank.
He stated that the law should take its course should it be established that he wrongly acquired his house.
And yesterday, in apparent reference to HH who, at the time of the fast-track MMD privatisation programme under late President Frederick Chiluba’s administration, was working at Grant Thornton, President asked the new Director of Public Prosecution Mr Mutembo Nchito to go beyond existing cases of corruption and open some files from the past such as those involving the sale or privatisation of Roan Antelope Mining Corporation (RAMCOZ), Kagem Mine, Lima Bank and Hotel Intercontinental in Livingstone which the President feels were corruptly sold.
“You will have to look at the old cases like the privatisation of Roan Mine, Kajem Mine, Lima Bank and Intercontinental Hotel in Livingstone. All these are cases that are stinking with corruption,” Mr Sata said
The four companies were privatised by Grant Thornton, an international accounting and consulting firm, which United Party for National Development president Hakainde Hichilema, was a managing partner.
Mr Hichilema has constantly said the sale of the companies was above board.
President Michael Sata with former Malawian President Bakili Muluzi during his private visit to Zambia
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President Michael Sata is embraced by former Malawian President Bakili Muluzi at State House
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President Michael Sata talks to former Malawian President Bakili Muluzi at State House
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President Michael Sata talks to former Malawian President Bakili Muluzi at State House
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President Micheal Sata is welcomed at the Bloemfontein Military Base in South Africa for the ANC centenary celebrations
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President Sata and First Lady Dr. Christine Kaseba on arrival at Bloemfontein in South Africa to attend the ANC Centenary celebrations
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President Sata and his South African Counterpart Jacob Zuma at the Vista University in Mangaung for the ANC Centenary Gala Dinner
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President Michael Sata with other African Heads of State and Government officials during ANC 100th anniversary at Free State Stadium in Bloemfontein,South Africa
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President Sata and his Malawian counterpart Bingu Wa Mutarika embrace each other at Bleomfontein Military Base in South Africa. There has been a diplomatic row between the two leaders
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A makeshift Seventh Day Adventist Church building in Hillview Park in Lusaka was vandalized by a family which is claiming ownership of the piece of land upon which the structure has been erected. Hillview Park SDA Church assistant administrative elder Ketson Kandafula said it was the third time since its construction two years ago that the structure was being vandalized and that efforts to seek police intervention had proved futile
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A makeshift Seventh Day Adventist Church building in Hillview Park in Lusaka that was vandalized by a family which is claiming ownership of the piece of land upon which the structure has been erected.
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An explosion on January 3rd ripped through an oxygen plant at the Universal Mining and Steel Plant in Kafue. Above is part of the building which took the brunt of the explosion.10 workers were injured one of them required an amputation of his leg.
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An explosion on January 3rd ripped through an oxygen plant at the Universal Mining and Steel Plant in Kafue. Above, onlookers sift through the damaged building which took the brunt of the explosion
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An explosion on January 3rd ripped through an oxygen plant at the Universal Mining and Steel Plant in Kafue. Above is part of the building which took the brunt of the explosion.
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President Michael Sata shakes hands with British High Commissioner to Zambia Carolyn Davidson (r) as her husband High Commissioner Thomas Carter (second from r) and Chinese Ambassador Zhou Yuxiao (l) look on during an annual cocktail party for the diplomatic community at State House
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President Michael Sata interacts with ambassadors and heads of diplomatic missions accredited to Zambia during an annual cocktail party for the diplomatic community at State House
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President Michael Sata talks to outgoing Vatican Ambassador to Zambia Nicola Girasoli during an annual cocktail party for the diplomatic community at State House
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President Michael Sata listens to Chinese Ambassador to Zambia Zhou Yuxiao during an annual cocktail party for the diplomatic community at State House
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President Michael Sata talks to Nigerian High Commissioner to Zambia Folake Marcus-Bello during an annual cocktail party for the diplomatic community at State House
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Former Senior Private Secretary of former Republican President Rupiah Banda, Rapson Chilufya, announces his resignation from the opposition the Movement for Multi Party Democracy at a press briefing in Lusaka
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MMD spokesperson Dora Siliya accompanied by sympathizers leaves the former Taskforce on Corruption offices in Lusaka
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Zambia Police spokesperson Elizabeth Kanjela talks to journalists after MMD spokesperson Dora Siliya was quizzeed at the former Taskforce on Corruption offices in Lusaka
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Police impounded a truck load of bicycles which were suspected to have been bought using stolen money by former Mines Minister Maxwell Mwale. Here the truck parked at Chipata Police station. Its was impounded from Mr Mwale's house in Mambwe district.
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Police impounded a truck load of bicycles which were suspected to have been bought using stolen money by former Mines Minister Maxwell Mwale. Here the truck parked at Chipata Police station. Its was impounded from Mr Mwale's house in Mambwe district.
Government has dismissed assertions that its imminent repossession of Zamtel may erode investor confidence in the country.
Outgoing Foreign Affairs Minister Chishimba Kambwili wondered how investors would lose confidence to invest in the country when all Government was doing was to clean up the process of investment.
Mr. Kambwili said it was clear that the sale of Zamtel was fraudulent as reflected in the report of the Commission of Inquiry that was set up to probe the sale of the telecommunication company to LapGreen of Libya.
He told the media that the report indicated that the deal was marred with corruption.
He said Government would leave no stone unturned to rid the country of corruption in order to ensure that all investment transactions coming into Zambia were done in a clean and transparent manner.
Mr. Kambwili urged Zambians to read the report on the sale of Zamtel which Government intends to avail to everyone in order for them to understand the levels of corruption that surrounded the sale of the telecommunications company.
[pullquote]However, he explained that Government had not yet made a decision on Zamtel and had therefore called on Zambians to desist from commenting on the matter until a decision was made by Cabinet.[/pullquote]
He said genuine investors would not lose confidence in investing in Zambia but would rather support Government’s action to clean up corruption in the country.
However, he explained that Government had not yet made a decision on Zamtel and had therefore called on Zambians to desist from commenting on the matter until a decision was made by Cabinet.
Yesterday, former Minister of Finance Situmbeko Musokotwane said that the Patriotic Front (PF) Government risks compensating LapGreen of Libya between US$400 million and US$1 billion if it reverses the sale of Zamtel. Dr Musokotwane said that the compensation will include the US$257 million purchase price, extra investments LapGreen has made and the positive turn around in business.
“We can’t be sure whether this money will ever be recovered because in accordance with the PF manifesto, they will choose party cadres to manage the company. How will the company then remain profitable and protect jobs?
“This type of arbitrary action damages the reputation of Zambia as a destination for investments. It has taken more than 20 years to build confidence in the investor community that an investment made in Zambia is free from political seizure,” Dr Musokotwane said.
He said Libya is part of the capital-rich Middle East, which is exporting capital all over the world, thereby creating jobs for young people.
“Their confidence in Zambia and Sub-Saharan Africa was growing as they seek to diversify their investment from Europe and America. Now, we are busy spoiling all this and we expect to develop our country and create jobs?
“Will it surprise us when our currency begins to lose value quickly as it is doing now because the public is getting nervous about the safety of their money while those planning to invest hold back the inflows of their money into Zambia due to similar fears?” he said.
[pullquote]“Will it surprise us when our currency begins to lose value quickly as it is doing now because the public is getting nervous about the safety of their money while those planning to invest hold back the inflows of their money into Zambia due to similar fears?” he said.[/pullquote]
Dr Musokotwane said by constituting the Zulu-led Commission of Inquiry into the Zamtel sale, President Sata lost an opportunity in failing to appoint independent commissioners who would have provided non-biased views on this important subject.
He said since Mr Zulu and other politicians on the commission were fully aware of President Sata’s public pronouncements on Zamtel sale that it was fraudulent, it cannot surprise anyone that their report had to tow the same line of thinking “or else they would have been sacked from their jobs.”
Dr Musokotwane said findings of the then latest audit report on Zamtel by Ernst and Young, a reputable international audit firm, showed that Zamtel was insolvent with enormous and unsustainable debts against few and obsolete assets.
“Let the PF refute the fact that an insolvent company faces liquidation as was the case with many parastatals before, leaving behind untold suffering by former workers who would remain unpaid for years…let the PF refute that saving the company, jobs and indeed service provided was done in the best interest of the country,” he said.
[pullquote]He said since Mr Zulu and other politicians on the commission were fully aware of President Sata’s public pronouncements on Zamtel sale that it was fraudulent, it cannot surprise anyone that their report had to tow the same line of thinking “or else they would have been sacked from their jobs.”[/pullquote]
He said the US$257 million paid for Zamtel is the best price that Zambia has ever received for any parastatal company ever sold and is seven times more than what was paid for ZCCM units that became Konkola Copper Mines.
Dr Musokotwane appealed to the PF government to settle down, ‘sobre up,’ and focus on developing the country.
“Creating a mindset that focuses primarily on hunting for mistakes committed by the previous Government even where there is no justification just slows down development. Let those same energies be used to develop industries, infrastructure, jobs and business opportunities,” he said.
Meanwhile, Mr. Kambwili, who is now Minister of Labour, has appealed to investors especially in the mining sector to respect the country’s labour laws.
[pullquote]“Creating a mindset that focuses primarily on hunting for mistakes committed by the previous Government even where there is no justification just slows down development. Let those same energies be used to develop industries, infrastructure, jobs and business opportunities,” he said.[/pullquote]
He said it was saddening that investors in the country have continued to disregard the country’s labour laws with impunity.
Mr. Kambwili said Government would not hesitate to take punitive action against investors who continued to verbally abuse Zambian workers and offer them bad conditions of service.
He said investors need to respect the culture of the Zambian people saying it was against the Zambian tradition for people to use abusive language.
Mr. Kambwili also urged Zambian human resource managers working with foreign investors to advise their counterparts on how to conduct themselves whilst in the country.
Kapiri Glass Manufacturing (KGM) Limited has signed a K40 billion (US$8 million) loan agreement with the PTA bank to revive the defunct Plant in Central province.
Kapiri Glass Manufacturing Limited Chairman Costain Chilala signed the agreement on behalf of his company while James Kabuga signed on behalf of the bank.
Mr. Chilala said Kapiri Glass Manufacturing Company will create over 400 new jobs once it is fully revived and operational.
However, he complained of the attitudes of many local banks which he said made it impossible for entrepreneurs to borrow funds for long term projects.
Mr. Chilala noted that the attitude of banks in Zambia made it impossible for the country to start an industrial revolution as they charge very high interest rates.
He said banks are not willing to lend people money for long term projects noting that if they do, their interest rates are too high.
Mr. Chilala, who is a renowned local commercial farmer, urged Government to consider introducing deliberate measures to ease borrowing either by creating an industrial development fund or enacting policies that will encourage indigenous entrepreneurs to invest in Zambia.
He further commended the Zambia National Commercial Bank (ZANACO) for funding small scale farmers through the Zambia National Farmers Union.
He said efforts of ZANACO have helped reduce poverty in rural areas.
And Minister of Finance Alexander Chikwanda described the loan agreement as unique noting that it was not often for Zambians to embark on a huge undertaking especially with risks involved in investing.
Mr. Chikwanda noted that the glass manufacturing industry will create employment for the swelling local population and also contribute to growth of the country’s economy.
He was impressed that a pan-African institution bank (PTA) was in the forefront of helping in establishing an industry which he said will produce a series of sophisticated items for the local and regional markets.
He reaffirmed Government’s commitment to supporting the efforts of local investors who endeavour to invest locally.
He commended Mr. Chilala, owner of Kapiri Glass Manufacturing Company, for embarking on a huge project which he said will provide a positive demonstration to other enterprising Zambians.
Mampi is one of the most popular singers in Zambia . She is somewhat controversial but very very talented. She has a voice that stands out on any song.
Her debut album “Maloza” shot her to fame , songs like “Maloza” and “Portable” made her a house hold name.
Mampi recently released her latest album “Natural Born Star” . The album shows Mampi’s growth as an artist
In an interview with the Weekend Post,she had this to say
“Basically the album shows my skills and to show that the talent is in born and natural. A lot of people have been complaining about my silence that I have gone so quiet whereby am not doing much to contribute anything to the music industry but what they don’t know is that every time am quiet it means am occupied with shows such that I do not have time to be in the studio and record. I will be releasing a new video next month for the Walilowelelela song which is a club hit”
MMD National Chairman Michael Mabenga says he is ignorant about claims made by republican President Michael Sata that some Chinese companies are funding the opposition party.
President Sata yesterday morning during the swearing in ceremony for Mutembo Nchito as Director of Public Prosecutions alleged that he has information that some Chinese firms are still funding the MMD.
Mr. Mabenga says he does not blame Mr. Sata for such allegations but puts the blame on people who allegedly lie to him in exchange for job favors.
He SAYS it is important that Zambians do not mislead the president as this has the potential to kill the country’s spirit of patriotism.
Mr. Mabenga says even if Chinese companies were funding the former ruling party, there is nothing wrong if they are doing so out of goodwill.
Meanwhile, Mr. Mabenga has cautioned members of the party to desist from making negative statements pertaining to the activities of the party.
Mr. Mabenga says it is unfortunate that some members of the MMD had resorted to washing dirty linen in public stating that this is not only sending a wrong signal to party members but to the world at large.
He has since appealed to all party members to carry themselves in a respectable manner so as to uphold the party’s good image.
And Former commerce, trade and industry minister Felix Mutati has charged that the country is experiencing economic uncertainty.
Mr. Mutati says the delay by the government to announce the minimum wage has resulted in a certain level of economic uncertainty.
He says the industry players are uncertain on the way forward of because of the minimum wage issue.
Mr. Mutati in an interview has noted that it is important that the government announces the minimum wage in order to clear to the uncertainty.
Meanwhile, the former commerce minister says the transformation of Zambia must be anchored on policy consistence and not transaction intrigue.
He hopes that the PF government could come out of the shell and make policies that are focused.
Former Finance and National Planning Minister Situmbeko Musokotwane
MMD chairman for finance and economics, Situmbeko Musokotwane has challenged the Patriotic Front Government to clearly point out the irregularities in the sale of ZAMTEL instead of generalizing the matter.Dr. Musokotwane was speaking at a press briefing in Lusaka this morning.
Dr. Musokotwane said that the commission of inquiry constituted to look into the alleged illegal sale of the telecommunications company to Libya’s LAP Green, should make its report public for the general public to know the truth.
He has since challenged the Patriotic Front Government to refute the findings of the then audit report by Ernest and Young, an international firm of auditors which he said found ZAMTEL to be insolvent with enormous and unsustainable debt against few and obsolete assets.
And speaking at the same briefing MMD deputy national secretary Kabinga Pande questioned why republican vice president Guy Scott is able to represent President Michael Sata on international fora when he can’t act as President in his absence.
Mr Pande said that Dr. Scott should therefore desist from representing President Sata on international fairs because it proves that he is not capable of doing a good job.
Mr. Pande said that the Foreign Affairs Minister should instead be representing the president on foreign engagements because it is during international fora that important decisions of the country are made.
He has since urged Zambian citizens not to take concerns raised by former vice president George Kunda on Dr. Scott’s status as mere politicking but should instead analyze the issue.
Meanwhile, Patriotic Front (PF) Secretary General Wynter Kabimba has said that the PF government is merely fulfilling the party’s campaign promise to the people of Zambia with regards the Zamtel saga.
Mr Kabimba said that complaints that the PF Government has embarked on a witch-hunt do not therefore arise.
Mr. Kabimba told Journalists in Lusaka today that the PF prior to the September 20th elections made it clear that once in office they will ensure that the sale of Zamtel sale is reviewed and investigated.
He said that the PF will therefore ensure that justice prevails in the Zamtel saga in the best interest of the Zambian people.
Meanwhile, Mr. Kabimba has said it will be up to the party central committee to decide on whether or not to consider adopting former Independent Msanzala Member of Parliament Joseph Lungu who resigned causing the by-election.
He said that the party’s top leadership will meet on Saturday to decide on the forthcoming Msanzala bye- election.
President Michael Sata has announced changes to his cabinet in a mini Cabinet reshuffle.
President Sata has transferred Given Lubinda to the ministry of Foreign Affairs, while Chishimba Kambwili has been taken to the ministry of Labour, Youth and Sports.
Fackson Shamenda is the new minister in the ministry of information, broadcasting and tourism.
Mr Sata said the changes are aimed at improving the efficiency of government.
The changes are the first the President has made at Cabinet level since ascending to the high office following his election victory in the 20th September, 2011 elections.
Meanwhile President Sata has directed Director of Public Prosecutions Mutembo Nchito to extend investigations into the sale of Zamtel, to LAP Green.
President Sata says there is need for the office of the DPP to improve on how they prepare the cases to allow the courts do a good job.
The head of state has also called for thorough investigations of other cases involving the privatization of Roan and Kagem mines, Lima bank and Livingstone Intercontinental.Â
The president says the Director of Prosecution and his team to take to court corruption cases that have been well investigated and prepared to allow the law takes it course.
President Sata was speaking in Lusaka today during the swearing in ceremony of Mutembo Nchito as Director of Public Prosecution.
And President Sata has observed that late President Levy Mwanawasa was betrayed when died by the people he trusted in his will to fight corruption.
President Sata adds that the Late Dr. Mwanawasa was committed and worked diligently to fight corruption but that his good will was abandoned by the Rupiah Banda led government.
The president has since urged the new legal team to ensure that corruption is fought saying the PF government should ensure that it leave the government system better than it found it.
And Director of Public Prosecution Mutembo Nchito has vowed to ensure that the rule of law prevails in the country’s legal system.
Mr. Nchito told journalists that it is important for the law to be applied in a fair and just manner irrespective of one’s status in society.
The DPP has also indicated that he will soon start reviewing all the alleged corruption cases involving former leaders.
Mr. Nchito notes that there is therefore need for the people being investigated to be patient and allow the law enforcement agencies to thoroughly investigate the cases.
Immediate past Finance and National Planning Minister Situmbeko Musokotwane has charged that plans by the Patriotic Front government to have former President Rupiah Banda’s immunity lifted are based on unsubstantiated accusations.
Speaking in an exclusive interview with Qfm, Dr. Musokotwane says MMD Members of Parliament will not support the motion when it is taken parliament.
He says it is unfortunate that people are calling for the lifting of Mr. Banda’s immunity in the absence of firm grounds on his involvement in corrupt practices.
The former finance minister who is Liuwa MMD Member of Parliament further explains that the move will set a bad precedent on future Presidents of the country.
And in a separate interview, Chisamba MMD Member of Parliament Moses Muteteka has pleaded Mr. Banda’s innocence.
He says the former head of state does not deserve to be treated harshly.
Mr. Muteteka who served in Mr. Banda’s government as Local government deputy minister has since vowed not to support the motion to lift the former President’s immunity.
Article 34 of the Constitution of the Republic of Zambia 1991 (as amended in 1996) contains the notorious “presidential parentage” clause, which among other things states that for one to be president of Zambia both parents should be “citizens of Zambia by birth or descent.” Following questions that have been raised concerning the eligibility of Zambia’s vice-president Hon. Guy Scott on whether he qualifies to hold the office of vice-president or whether he qualifies to stand for the office of president, I wish to conduct an exegetical study of current Zambian constitutional law. This study will show that if Article 34 is read together with the Supreme Court’s ruling in Lewanika and others v Frederick Chiluba, Guy Scott and many others would qualify to stand for the office of President of the Republic.
In the context of a republic such as ours, a constitution is the supreme law of the land. Constitutional supremacy means that the constitution is the tenet by which all institutions of government are governed. It also means that any law made by the legislature that is inconsistent with the Constitution can be struck down. The role of striking down a law that is inconsistent with the constitution is a preserve of the courts. In our context, it is the High Court and the Supreme Court that have the powers to declare any given law null and void if it violates the constitution. However, the Zambian courts do not have the powers to strike down any article in the constitution. The only power they have with regard to the constitution is the power to interpret it. The extent to which the power to interpret actually goes into questioning or even striking down a constitutional article is a philosophical one. All lawyers and jurists within the common law systems at least would agree that the consequence of judicial interpretation sometimes does go into judicial legislation. In other words, even if judges claim to only be interpreters of the law, the consequence of their interpretation might lead to subtly altering the law.
The consequence of judicial interpretation means that a constitution like we have in Zambia is derived from several sources. First, our constitution is derived from a written physical document, which was passed by our parliament in 1991 and amended in 1996. What that document contains is our constitution. However, that document alone does not constitute Zambian constitutional law. A correct view of the constitutional law of our republic therefore should be found in that document as well as rulings of the High Court and the Supreme Court that have interpreted some sections of that constitution. It is important to note here that Zambians should pay particular attention to judicial rulings because they as well as the constitutional document comprise the constitution of the Republic of Zambia. If someone therefore asks you what the constitution says about “presidential parentage” you would be in order to quote Article 34 (3) (c). However, if you have to correctly interpret this article then you must refer to the rulings of the courts on this matter.
What this means is that Article 34 (3) (c) the famous presidential parentage clause should be interpreted within the ambit of judicial rulings. But why are judicial rulings important? First, judicial rulings are important because they become law. In law, through the principle of judicial precedence, when a higher court in a hierarchy rules on a matter all lower courts are supposed to follow that precedence. Consequently, what the higher courts rules on a matter becomes law with regard to that matter under consideration. Second, court cases are important because they show the development of our laws and the constitution. Third, judicial decisions are important because constitutionally, it is the judges who are final arbiters in legal, equitable and constitutional matters. Every lawyer or jurists worth his salt, therefore pays particular attention to court rulings.
This brings me to Article 34 (3) (c). What it says seems simple: a Zambian presidential candidate must have parents who are Zambians by birth or descent. But the next question is, what does this mean? Well this article can mean different things to different people. This article contains some concepts or ideas that we take for granted but indeed would require a tome to interpret. Concepts such as “parent”, “birth”, “descent”, or even “Zambia” could mean different things to different people. But if we are to remain faithful to the rule of law, then we must defer to the courts a legal interpretation of these concepts. If we are to remain faithful to the rule of law in Zambia then we must take what the courts have ruled on this matter as the correct interpretation of the law.
The meaning of Article 34 (3) (c) was adequately provided in the Supreme Court case of Lewanika and others v Frederick Chiluba. In consistent with the constitutional doctrine of stare decisis it is important that lawyers and jurists give adequate respect for this ruling for it helps us interpret the constitution. In fact, Chiluba is a constitutional milestone.
The Chiluba case is an important constitutional case. Since the Supreme Court has not reversed it, it remains law and is consequently part of Zambia’s constitutional law. But what was this case all about? In 1996, the Zambian parliament amended the Zambian constitution and among other things included the “presidential parentage” clause in the constitution. At that time, it was widely believed that parliament passed that law to disqualify President Kenneth Kaunda from standing since Kaunda’s parents are believed to have come from present-day Malawi. Indeed in the 1996 elections, Kaunda boycotted the elections and urged his UNIP party to abscond. Chiluba and his MMD contested the 1996 elections and other parties that include Dean Mung’omba’s party and Agenda for Zambia a party led by Inonge-Mbikusita Lewanika and his brother Akashambatwa. These elections were conducted on the newly amended constitution.
After the elections however, Chiluba won beating his closes rival Dean Mung’omba by a wide margin. Lewanika and others petitioned the Supreme Court asking the court to overturn Chiluba’s election as president. They contended among other things that Frederick Chiluba could not be president of Zambia because he did not satisfy Article 34 (3) (c) of the Constitution of Zambia. Lewanika and others contended that they had evidence that Chiluba was not born in Zambia and that his parent (especially his father) was not Zambian at all.
The ruling of the Supreme Court on this matter is very significant because in it, the court interpreted Article 34. Additionally, in this ruling the court even went to the extent of criticising parliament’s law making rationale and logic. For those who know constitutional law, this criticism is indeed remarkable and quite unusual. But in unpalatable language, a full bench of Supreme Court held that through Article 34 parliament had created problems for Zambians in the future. And considering what is happening now barely a decade after the ruling, the Supreme Court judges indeed were prophetic.
First, the court held that a Zambian like Chiluba would still satisfy Article 34 even if he were born in a neighbouring country like Congo. If it were shown that Chiluba was a British protected person by the time of his birth and that he “ordinarily” resided in Zambia at independence, he would satisfy the requirement of being a Zambian by birth or descent. Using this rule—it means that all those people like Kenneth Kaunda and Guy Scott who were ordinarily in Zambia at independence and were British protected persons satisfy the requirement of being “Zambian by birth or descent.”
Second, the court had identified serious problems with the requirement that a presidential candidate’s parents should be Zambians by “birth or descent”. The Supremes remarked that this law would present serious problems for the future. In essence they ruled that, this article couldn’t apply to Zambians whose parents were born before 1964—before there was a Republic of Zambia. Essentially then, people like Chiluba (born 1944), Michael Sata (born 1944), Rupiah Banda (born 1943), Guy Scott (born c.1940) and or Kenneth Kaunda (born 1924) cannot produce Zambian parents. This is because by the time that the parents of these people were born in the 1800s, there was no legal or constitutional entity known as Zambia. As such, Banda, Kaunda, Guy Scott, or Sata cannot produce parents who are Zambian by “birth or descent.” Sata’s father or Rupiah Banda’s father were not born in Zambia, and they were not descended from Zambia—Zambia itself being an entity born in 1964 and whose citizenship requirements were set out in the 1963 constitution.
[pullquote]Guy Scott himself has equally concluded the wrong way by claiming that he cannot be President of Zambia. Nothing is further from the legal truth; in fact according to law Scott does satisfy the requirements.[/pullquote]
Third, the Supreme Court then addressed a very interesting phenomenon that indeed would apply to Guy Scott. How does Article 34 apply to a white Zambian? In clear language the Supreme Court ruled that satisfying the articles of the constitution have nothing to do with the colour of one’s skin or tribe. In fact, the ruling even went to give an example of an ethnic Chinese. Essentially, the court ruled that if a Chinese was ordinarily resident in Zambia in 1964 and acquired Zambian citizenship at independence Article 34 should not exclude him from standing for the office of president. Additionally, in a rather comic way, the Chinese example was again used—the Supreme Court painted a hypothetical situation and said that an ethnic Chinese child born in Zambia post 1964 but who gets adopted by black Zambian parents would still qualify since he too can claim that his parents were Zambian by birth or descent. This made the Supremes to ask a rhetorical question, so which “parentage” is parliament talking about here? Is it biological or is it adoptive parentage. From the perspective of the judges clearly Article 34 was rather unimpressive.
Keeping with the arguments above, it is my conclusion that notwithstanding Article 34, Hon Guy Lindsay Scott can legally satisfy the requirement of Article 34 and can in fact serve as President of the Republic of Zambia. Unless overruled, the case of Lewanika and others v Frederick Chiluba is law and therefore applies to Guy Lindsay Scott.
The Attorney General of the Republic of Zambia is therefore wrong at law by advising that Guy does not meet the requirements of Article 34. Clearly, if Article 34 were read with the ruling of the Supreme Court, the Attorney General would come to the same conclusion as I have done. Guy Scott himself has equally concluded the wrong way by claiming that he cannot be President of Zambia. Nothing is further from the legal truth; in fact according to law Scott does satisfy the requirements.
The PF has endorsed the decision by its losing parliamentary candidates to petition the election victory of some MMD MPs appointed to ministerial positions by President Sata.
Party Secretary General, Wynter Kabimba says the party will back the petitions regardless of the MMD MPs relations with the government.
Mr. Kabimba says the party will not stop members who have petitioned presidential appointees as it is within their rights to do so.
He says Zambians are looking for an environment that will ensure free and fair elections.
Meanwhile, UPND has withdrawal from the february, 16th, 2012 Msanzala by-election in Eastern Province amid fears of vote splitting among opposition parties.
UPND, which is largely dominant in Southern Zambia claims that it is currently pre-occupied by legal battles in the courts of law, as a result of what it terms PF engineered election petitions.
Party Deputy Spokesperson, Cornelius Mweetwa says the decision to withdraw from the race is further meant to consolidate the numbers of the opposition in Parliament to ensure effective checks and balances.
The Msanzala by-election follows the resignation of Independent Parliamentarian: Colonel Joseph Lungu and his subsequent defection to the ruling PF.
Mr. Mweetwa also criticized Colonel Lungu for facilitating a useless by election at the expense of the electorate.
Colonel Lungu is also reported to have applied to re-contest the seat on the PF ticket.
President, Sata has been accused of having turned himself in to the police and courts through the manner he is handling allegations of abuse of authority against former government leaders.
An opposition political party has since asked President, Sata to stop prosecuting former government officials openly but leave the task to competent courts of law.
UPND is concerned that President Sata has continued meddling and interfering with the operations of the judiciary when dealing with matters involving former government leaders.
Recently, President Sata accused former Government leaders such, as George Kunda and embattled Former Education Minister, Dora Siliya of having benefitted from questionable transactions while in Government.
This has seemingly created undue pressure on law enforcement agencies to intensify the fight against corrupt in an attempt to please the head of state.
UPND Party Deputy Spokesperson, Cornelius Mweetwa said that the head of state has turned himself into a judge without subjecting the suspects to the courts of law to determine their fate.
Meanwhile, UPND president Hakainde Hichilema has said his party has a bright future out of the other major political parties in Zambia despite losing last year’s tripartite elections.
Mr Hichilema said his party was strengthening all structures after putting the loss at presidential level behind.
The opposition party leader, who was speaking when he featured on Zambezi FM Radio programme ‘The Journalist’ yesterday, said he would campaign on the platform of improving the welfare of the majority poor.
He said UPND was better-placed to win the next tripartite elections in 2016 because it was the ‘only party which was committed to improving the welfare of citizens in the country.’
Mr Hichilema said the Patriotic Front (PF) and the MMD had similar values, noting that they ‘stemmed’ from the United National Independence Party (UNIP).
He said UPND had a different approach and would structure its messages to the people on fostering development and that once in government, it would not focus on pursuing former leaders.
“For now, PF is in Government and MMD is out of Government. UPND is the only party to come in during the next elections. We shall focus on telling people how we intend to foster development.?“We are the only party that has a programme of what people want in terms of health, education and other issues. Let’s build UPND together because it is the party of your choice,” Mr Hichilema said.
He said it was not easy to run an opposition party with 29 members of Parliament (MPs) but added that ‘ the sky is the limit.’?Mr Hichilema also urged the PF Government to quickly deliver a new Constitution because the bulk of the work has already been done.
The opposition leader said the ground work had already been laid in the Mwanakatwe and Mung’omba Constitution review commissions.
He said social and economic rights should be enshrined in the new Constitution as most people in Zambia were poor and had attested to that during submissions of the previous commissions.
Mr Hichilema said the new Constitution should also have a 50 per cent plus-one vote to guarantee majority rule.
On street vendors, Mr Hichilema urged the PF Government not to ‘endorse’ vendors to operate from streets, which had no public convenience and refuse disposal facilities.?“Many of our relatives are currently trading on the streets to earn a living but what we are saying is that they should trade in a favourable environment where there are toilets and safety of customers,” Mr Hichilema said.
On the proposed increment of the retirement age to 65 from 55, Mr Hichilema said the suggestion should not be implemented because young people and women would fail to get jobs.
