The Law Association of Zambia (LAZ) says any implication of Universal Print Group in unresolved investigations currently before the Anti Corruption Commission makes the company unfit to undertake the printing of ballot papers for this year’s polls.

Speaking during a media briefing in Lusaka today, LAZ president Musa Mwenye called on the ACC Director General Godfrey Kayukwa to clear the air on the controversy surrounding the printing of the ballot papers by the UPG.

Mr. Mwenye has referred to a matter in which the ACC Director General Lt Colonel Kayukwa issued a statement on April 11th this year stating that there was an ongoing investigation against a Mr. Mpundu Mfula, a former employee of the Electoral Commission of Zambia and that a warn and caution statement had been recorded against him.

He has therefore implored the ACC Director General to inform the nation on whether UPG was mentioned in the warn and caution statement recorded against Mr. Mfula and whether or not UPG has been the subject of investigations since the 2006 general elections.

The LAZ president says answering the questions raised by stakeholders expeditiously on the UPG by the ACC will serve to prevent the anxiety over the printing group and will inspire confidence in the electoral process.

He says the engagement of a supplier who is facing allegations of corrupt, fraudulent, collusive or coercive practices is in contravention of the Public Procurement Act number 12 of 2008 which also make it a criminal offence for any public officer to recklessly or dishonestly fail to exercise his duties under the said act.

Mr. Mwenye has also urged the ECZ to clearly state whether security clearance for the engagement of UPG was obtained for the printing of ballot papers for the forthcoming elections and when it was done.

The LAZ president has further taken a swipe against the Zambia Police Service for their failure to maintain law and order in the advent of the ongoing political violence between political party cadres.

He has therefore urged the Zambia Police command to go beyond mere rhetoric by ensuring that all perpetrators of electoral violence are brought to book regardless of their political affiliation.

On the operations of ZNBC, Mr. Mwenye has expressed regret that despite several protestations, the national broadcaster has continued to flout the ZNBC Act.

He has since disclosed that the Council of the Law Association of Zambia at its meeting of August 26, 2011 unanimously resolved to commence proceedings against ZNBC.

Mr. Mwenye says LAZ shall accordingly be commencing Public interest litigation to pronounce duties of ZNBC and whether or not the Director General of ZNBC and his management have been breaching the ZNBC Act.

He has also urged both the public and private media to abide by the electoral code of conduct and ensure that all political parties are given fair coverage during the election period.

QFM

THE Lusaka High Court has granted Lusaka freelance journalist Chanda Chimba III leave to appeal against an order of injunction granted in favour of Patriotic Front (PF) leader Michael Sata restraining him from publishing alleged defamatory articles, including those to do with his health in the Stand Up for Zambia (SUFZ) News.

Lusaka High Court Judge in Charge Jane Kabuka said Mr Sata had succeeded in two of the three main issues raised in the matter and would have his costs of the application taxed in default of agreement.

In the second issue of the publication, where the newspaper was quoting United Party for National Development (UPND) president Hakainde Hichilema and the defence of qualified privilege given by Mr Chimba, Ms Justice Kabuka said in the absence of overwhelming malice, the defence was generally sustainable.

She said: “Libel or no libel? I would say no libel. On the available evidence, I find the defence of qualified privilege in the circumstances of this case is not one I can say might not succeed at trial.”

In this matter, Mr Sata was asking the court to grant him an interlocutory injunction against Mr Chimba for allegedly publishing defamatory articles about him, including his health.

According to Mr Sata, the defamatory articles were under the headlines ‘Sata is a sick man’, ‘Close encounter with the cobra’ and ‘King Cobra spearheads homosexual campaigns’.

Mr Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servants or agents from distributing, circulating or selling the said tabloid until determination of the matter.

He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.

Ms Justice Kabuka stated that Mr Sata, in his first affidavit, stated that Mr Chimba was widely distributing SUFZ News while in the second, Mr Sata stressed that the defendant had continued publication of the articles defamatory of his character.

She said in the third affidavit, Mr Sata contended that Mr Chimba had with impunity gone to publish a fourth edition of SUFZ News and the two articles that he complained of were under the headlines ‘Sue me to prove your dead denials on homosexuality, Kalusa tells Sata’ and ‘Take revelations by SUFZ seriously – Siulapwa’.

Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good
health.

In her ruling Ms Justice Kabuka said there was nothing in the affidavit evident at this stage to support Mr Chimba’s allegations and the issue of fair comment could not be sustainable.

Ms Justice Kabuka said there were no facts on the material availed by the defendant to court to insinuate imminent or impending death of the plaintiff. She granted the injunction and accorded Mr Chimba leave to appeal against the ruling.

[Times of Zambia]

BALLOT papers for the September 20 tripartite elections will be flown directly to Lusaka from Durban, Electoral Commission of Zambia (ECZ) chairperson Justice Ireen Mambilima has said.

Justice Mambilima told journalists at a Press briefing held at Universal Print Group (UPG) that the ballot papers would be flown directly to Lusaka unlike in the past when they used to go through Johannesburg.

She said the UPG would make arrangements to charter a cargo plane which would deliver the ballot papers directly to Lusaka.

This, Justice Mambilima said, would be done in good time for the elections. “Chartering of the plane will be done by the contractor because that is part of the contract,” she said.

Justice Mambilima, who also witnessed the printing of some ballot papers for local government candidates, also expressed satisfaction at the progress made in the printing process.

She said after witnessing the printing process and meeting all stakeholders present here that she was sure that all political party and civil society organisation (CSOs) representatives and the electoral body were working as a team.

“The director and I decided to visit this team and to come and witness the process of printing of ballot papers. As ECZ, our policy is to involve all stakeholders in the process and it is good that they are working very hard.

“The people here are working as a team and we have no doubt that we will be able to meet the deadline because printing is progressing well and once completed, all the ballot papers will be flown directly to Lusaka unlike previously when they would go through Johannesburg,” said Justice Mambilima, who was flanked by ECZ director Priscilla Isaac.

She also assured the nation that the ECZ was ready for the September 20 elections as all non-security materials had been delivered to all the districts. Justice Mambilima advised the observers here to take the exercise as an important task.

“You should take this as an important task because you have contributed to the electoral process. I am pleased with the way you are working as a team,” she said.

She said ECZ was only waiting for the people in Lusaka to send the remaining information for the printing of ballot papers for local government candidates following the completion of both presidential and parliamentary ballot papers.

Justice Mambilima said all stakeholders would be informed of the process and progress because the commission wanted transparency to prevail in the whole process.

She said political parties would accredit two individuals each to witness the arrival and storage of the ballot papers at the Hill and Delamain building, which the commission had leased from Zamcargo.

And Justice Mambilima said the commission had not yet sat to study the report submitted by Foundation for Democratic Process president Alex Ng’oma over an allegation that he attempted to smuggle a ballot paper from the printing plant.

“I can confirm that we have a report from Dr Ng’oma on the file but we have not yet sat as a commission to study it. All I can say is that it is in the hands of the other commissioners,” she said.

And Ms Isaac said the ballot papers would reach outlying areas not later than three days before the elections date as the practice had always been.

She said returning officers from across the country would be in Lusaka to verify that all the ballot papers had arrived, an exercise which she said would be done in a space of five days.

This, she said, would be aimed at allaying suspicions and that all political parties and observer teams would be allowed to accredit people to witness the offloading of the ballot papers and participate in proof reading.

[Times of Zambia]

THE Forum for Leadership Search (FLS) has accused former Taskforce on Corruption executive chairperson Max Nkole of leaking privileged information to the Patriotic Front (PF) which he obtained because of his previous position to discredit President Rupiah Banda and the Government.

FLS executive director Edwin Lifwekelo said in Lusaka yesterday that allegations against Universal Print Group of South Africa which PF and its sponsors had been claiming were revealed by Mr Nkole.

Mr Lifwekelo, who was reacting to a story by Mr Nkole in the Sunday Post in which he endorsed PF leader Micheal Sata’s candidature, said the former taskforce chairperson and individuals like Mutembo Nchito had exposed their dishonest behaviour.

He said Mr Nkole had joined hands with the PF leader to try and discredit the Government using information he obtained while he served at the defunct task force on corruption.

Mr Lifwekelo said the dissolution of the task force where Mr Nkole was earning more than US$20,000 per month had depressed him.

“Mr Nkole is a very frustrated man who is broke and now wants to use privileged information to share with PF leader Michael Sata so that they discredit President Banda.

“We know Mr Nkole very well and what he has done is just to expose himself including Mr Nchito by joining hands with the PF to attack President Banda,” Mr Lifwekelo said. He said it was also sad that some people who had been disciplined by the MMD were now running to the PF.

“Most of these people who are now joining PF are not credible because they were either disciplined by MMD or are desperate like former Works and Supply minister Mike Mulongoti and former Local Government and Housing minister Sylvia Masebo,” he said. Efforts to get a comment from Mr Nkole failed as his mobile phone went unanswered.

[Times of Zambia]