The verification of the ballot papers for the September 20th elections has started.

The verification exercise is being conducted at the Lusaka International Airport amid tight security in the presence of district electoral officers and political party representatives.

The process started with the verification of ballot papers for the Western Province.

And Electoral Commission of Zambia Chairperson Justice Ireen Mambilima says the commission has given itself a deadline on which all the ballot papers are expected to be transported to their various destinations.

Justice Mambilima says the ECZ has engaged the Zambia Air force to transport the ballot papers to areas that are not easily accessible by road like parts of the western province and Luano Valley in the Central province.

Meanwhile, the ECZ has postponed the parliamentary elections for Magoye constituency following the death of National Movement for Progress candidate Willie Malambo.

Justice Mambilima says the ECZ has been notified of Mr Malambo’s death and the date for voting in the constituency will be announced after a meeting with stakeholders.

ZNBC

THE Lusaka High Court has dismissed with costs a case in which Patriotic Front (PF) secretary-general Wynter Kabimba wanted the court to compel the Zambia Revenue Authority (ZRA) to assess and charge duty payable on all MMD campaign materials.

Mr Kabimba also asked the court to order the Drug Enforcement Commission (DEC) to investigate and disclose the MMD’s source of money used to buy campaign materials.

Lusaka High Court Judge Florence Lengalenga dismissed the case on September 13 for irregularity as it was not properly before court. This was when she ruled on an application by the ZRA, MMD and the Attorney General to raise preliminary issues.

ZRA lawyer Arthur Sike submitted that Mr Kabimba’s action was irregularly before court because he did not follow procedure laid down in section 164 of the Customs and Excise Act, Cap 322 of the Laws of Zambia.

Mr Sike told the court that Mr Kabimba’s failure to give ZRA a one-month notice required by law before commencing the action is an irregularity which cannot be cured by the court through exercise of its discretion or by amendment.

He said such failure warrants the dismissal of the writ of summons and subsequent proceedings.
And the MMD argued through its lawyers Eric Silwamba and Professor Patrick Mvunga that Mr Kabimba lacks the requisite locus standi (legal interest) in its tax affairs and any publication or disclosure of any information concerning the ruling party’s taxes is not allowed by provisions of section 21 of the ZRA Act Cap 321 of the Laws of Zambia.

“The originating process filed by the plaintiff (Mr Kabimba) is irregular, misconceived and an abuse of the court process as it is a veiled attempt at instituting criminal proceedings against the third defendant (MMD) contrary to provisions of section 90 of the Criminal Procedure Code…

“The originating process is an abuse of the court process as it is designed to deprive the third defendant of its right to distribute its election literature and campaign freely and in a fair manner, as provided for by Regulation 5 of the Electoral (Code of Conduct) Regulation 2011, Statutory Instrument number 52 of 2011,” the submissions read in part.

Ruling on the defendants’ application on September 13, Ms Justice Lengalenga said she is satisfied that section 164(1) of the Customs and Excise Act is a mandatory provision which Mr Kabimba cannot avoid by alleging that the piece of legislation is discriminatory and offends Article 23 of the Constitution.

“In the absence of proof of requisite notice having been given or served on the first defendant (ZRA) as provided by section 164 (1) of the Act, I am inclined to agree and I do agree with the defendants’ submission that the irregularity cannot be cured by the court exercising its discretion or by way of amendment,” she said.

Ms Justice Lengalenga said she is satisfied that constitutional issues raised by Mr Kabimba’s lawyer Abraham Mwansa have to be brought to court through a petition, as prescribed by law, and this is supported by precedents of decided cases.

She agreed with Prof Mvunga that the court order Mr Kabimba sought for DEC to investigate and disclose the MMD’s source of campaign funds is not tenable, is unusual and the court has no jurisdiction to order such an investigation.

Ms Justice Lengalenga said such an order can amount to interference in the functions of the DEC.
“Further, since there is no law in existence which requires a political party to disclose its income and source, I accordingly find that there is no cause of action in relation to this relief. As for the relief relating to the injunction sought against the third defendant, I find it unsustainable on account of section 164 (1) of the Customs and Excise Act whose noncompliance by the plaintiff is fatal to the action and warrants its dismissal for irregularity.

“In the circumstances, therefore, and for the reasons stated, I allow the first preliminary issue raised by the first and third defendants in relation to section 164 (1) of the Customs and Excise Act, Cap 322 of the Laws of Zambia and accordingly dismiss the plaintiff’s action for irregularity as it is not properly before this court,” she said.

On Mr Kabimba’s prayer to the court to interpret section 164(1) of the Customs and Excise Act, Ms Justice Lengalenga said there is no need for such interpretation as the Act is clear in its meaning and intention for anyone wishing to sue the ZRA to give a one-month notice.

On his request for the court to strike down section 164 (1) of the Customs and Excise Act for allegedly being unconstitutional, she said there are certain prerequisites that have to be put in place before the court can entertain constitutional arguments.

[Zambia Daily Mail]

The Electoral Commission of Zambia (ECZ) says Universal print group has chartered another plane to carry the remaining 8 pallets of the ballot papers.

The 8 pallets containing the ballot papers for central and northwestern province remained in South Africa in order to avoid overloading.

ECZ chairperson justice Ireen Mambilima told journalist at the Lusaka International airport last evening that the remaining consignment is expected in the country today.

The verification and the distributions is also expected to commence today.

Justice Mambilima has noted that the commission is committed to ensuring the entire electoral process in held in a transparent manner.

Meanwhile, observers from the patriotic Front (PF) questioned justice Mambilima why the commission has only allowed only the police to guard the ballot papers in the warehouse were they are currently being kept awaiting distribution countrywide.

The observers noted that the ECZ should have allowed the stakeholders willing to spend a night at the warehouse to do so to avoid any possible suspicions.

However, justice Mambilima noted that the ECZ has the capacity to handle the storage of the ballot papers saying the police would be outside while the CCTV equipment would be left on inside the warehouse.

QFM

PRESIDENT Rupiah Banda has advised Zambians not to risk the future of their children by voting for politicians who have no vision for the country and are only thriving on threats of violence if they lost next week’s elections.

And Mr Banda said the economic progress the MMD Government had made in the last three years should be the reason for the ruling party to remain in office after the September 20 elections. Speaking when he addressed a rally at Mwaba Basic School in Chinsali yesterday, President Banda said the future generations needed to inherit a peaceful country for it to prosper further.

“It is for this reason that the MMD encourages positive campaigns which are based on issues and not insults and personalities,” Mr Banda said. He said the MMD did not want to leave a legacy of violence because the vice had a long and negative impact on the economic and social development of the country. The president said Zambians should not make the mistake of voting for political leaders who would not guarantee a safe future for their children.

He said the hard work which the MMD had exhibited should be the criteria for the electorate to consider when voting for new leaders next week. President Banda said the MMD Government’s work was there for every citizen to see and appreciate.

He said it was better to vote for the MMD, which had proved itself with the electorate and was ready to build on achievements for the betterment of the country’s future. President Banda said voting for the MMD would determine a positive future of the country.

He said his countrywide assessment was that the people were ready to give the MMD another mandate to rule in order to continue with developing the country, with the contribution of every Zambian. Mr Banda said he was happy to be in Chinsali because it reminded him of the old days with late Simon Kapwepwe, who even sent him for studies abroad.

President Banda however said campaigns should continue until the stipulated date, despite his statement on the party’s popularity. He urged the MMD to be vigilant until the counting of votes was done and the ruling party was declared winner before celebrating. Mr Banda said the MMD was the only party capable of building a stable and prosperous country.

And United Liberal Party president Sakwiba Sikota said his party had endorsed and was ready to work with the MMD because it could be trusted to lead Zambia.

Mr Sikota said Patriotic Front leaders were losers who had failed to detract the MMD from its developmental programme. “The PF is a loser, today it lost a case in the high court against the MMD to stop them using campaign materials,” he said.

Speaking earlier at Kasama Airport when he arrived before proceeding to Chinsali, President Banda said the ruling party was likely to win all the seats in Northern Province because the people appreciated the achievements recorded in all the economic sectors.

He said the MMD would continue repeating the messages of what the ruling party had accomplished in the last three years until the campaign period ended. Mr Banda said all MMD members should get back to their respective camps and continue with the campaigns until the last day.

He told the people who had gathered at the airport as early as 08:00 hours that there was no need for violent emotions as the date of elections drew closer. The President said the MMD stood the best chance of winning the elections because of what it had achieved and the benefits that the people were enjoying from the economic strides that had been recorded.

The President arrived at Kasama Airport at 11:30 hours and was welcomed by scores of Kasama MMD members and residents. He said the MMD had encouraging response from the people in all the provinces during his campaign trail. At the Chinsali rally, President Banda introduced the MMD parliamentary candidates to the electorate.

He also held a private meeting with chiefs Kabanda, Nkweto, Mubanga, and Mukwikile at Chinsali Girls High School. He also encouraged the school girls who received him at the learning institution to work hard and contribute positively to the growth of the country because they represented the future.

Meanwhile, Mr Banda has urged the people of Lundazi District in Eastern Province not to be swayed by some leaders of opposition political parties but continue voting for the ruling MMD in order for it to continue with the numerous development projects it has started across the country.

He assured Zambians that he would defend the Constitution by ensuring that there was peace during and after Tuesday’s tripartite elections. Addressing a mammoth rally at Kaunda Square in Lundazi yesterday, Mr Banda urged the people to continue supporting the MMD because it was the only party that had a traceable record among all the political parties that were taking part in this month’s polls.

The president said only the MMD could continue building stability, security and prosperity in the country because it had a positive track record. He said the MMD Government had managed to build schools, bridges, hospitals and clinics across the country and that the people were able to see all that.

He said the maize bumper harvest the country had continued to record was as a result of the good agricultural policies the Government had put in place. He said Zambians would be making a grave mistake if they started experimenting with leadership, especially with people who had failed them before. Mr Banda urged the MMD members to use the remaining few days to conduct peaceful door-to- door campaigns to inform the people what the MMD Government had done for them.

Speaking earlier, MMD provincial chairperson Kennedy Zulu assured the president that the province would still remain a stronghold of the ruling MMD. Mr Zulu, who also presented 560 former PF members who defected to join the ruling party, said the party was ready for victory in the polls.

The ULP leader, Mr Sikota said the MMD party had performed tremendously well in the past three years and should be entrusted with a five-year mandate to lead Zambia. The rally was spiced up with performances by some Zambian musicians who included Angela Nyirenda, Organised Family, Dalisoul and Runnel with his dancing queens.

The President is today expected to officially open Indo-Zambia Branch in Nyimba District before addressing a rally in Petuake District. He was accompanied by MMD national secretary Richard Kachingwe and other senior MMD and Government officials.

[Times of Zambia]

The Zambia Police and several representatives from political parties have requested the government to consider regulating the sale of liquor such as Tujilijili (beer satchets) especially during this campaign period.

The stakeholders are concerned that the unregulated sale of Tujilijili is one of the recipes for violence.

During an interactive meeting for the police, political party representatives, the church and other stakeholders on Monday, the participants urged the government through the Ministry of local
Government to work closely with Zambia Police in curbing illegal
liquor trading and careless consumption of alcohol especially among the youths.

They observe that alcohol consumption among the youths is rife and are worried that if left unchecked, the overwhelming presence of Tujilijili could be a recipe for violence, before, during and after the elections.

And Deputy Commissioner of Police Dr Solomon Jere says there is therefore need to control the sale and consumption of all sorts of alcohol as one of the preventive measures against violence.

“I wish to call upon the Ministry of local Government and housing to strictly enforce laws on sale and consumption of alcohol as this has been identified as one of recipes for violence,” Dr Jere said.

Dr Jere says the Zambia Police is ready to work with all local authorities in the country to implement bye-laws on liquor trading and ensure that all bar owners comply with the law.

He appealed to members of the public to report all cases of
Political violence to Police on the toll free numbers, 9010 and 9011 to enable them resolve election conflicts expeditiously.

Dr Jere further says police have identified areas of possible outbreak of violence such Lusaka, and Copperbelt.

He says police are ready to quell any violence that may erupt in all parts of the country.

“We have identified areas of possible outbreak of violence in Lusaka, and Copperbelt but I want to say here that as Police we are ready to face any penetrators of such violence with full force,” Dr Jere warns.

And a clergyman, Pastor Baster Banda says the church will continue to pray for peace as the country heads for the tripartite elections next Tuesday.

The Meeting was called to brainstorm and find ways of preventing any violence before, during and after the elections.

ZNBC