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UNIP president Tilyenji Kaunda (in white shirt) with UNIP members
United Independence Party (UNIP) Presidential aspiring candidate Tilyenji Kaunda has successfully filed in his nominations for the September 20th, 2011 elections.
Mr. Kaunda arrived at the supreme court accompanied by his wife patience and other party officials at about 10:40 hrs this morning.
Returning officer for presidential nominations chief justice Ernest Sakala declared him as an eligible candidate for the 2011 elections after Mr. Kaunda successfully meant all the requirements.
And speaking after the nominations, Mr. Kaunda said his party once voted into power will ensure that it gives the people a new constitution within the first six months of its rule.
Other candidates expected to file in their nominations are FDD’s aspiring presidential candidate Edith Nawakwi and Zambians for Empowerment and Development (ZED)president Dr. Fred Mutesa.
Meanwhile, The Zambia Rainbow Coalition (ZRC) has expressed concern at the systematic attempts by some quarters of society to scandalize and undermine the country’s electoral process.
Speaking at a media briefing in Lusaka today, Coalition President Cleophas Phiri says such maneuvers will threaten national security and compromise the credibility of the electoral process.
Mr. Phiri has therefore the urged the Electoral Commission of Zambia to be steadfast and not succumb to the ill intended pressures.
He has cited the printing of ballot papers in South Africa, the parentage clause and the capability of the electoral commission to conduct free and fair elections as issues raised to undermine the electoral process by alleged enemies of the country.
Mr. Phiri has since appealed to the Civil Society organizations that will monitor this year’s elections to ensure that they vest their members with the electoral procedures and code of conduct in order to report results with professionalism, honesty and responsibility.
ZRC is a pressure group determined to defend the public good through advocacy and campaign for better laws and policies to govern the country.
Captain America: The First Avenger is based in the 1940’s during World War 2. Steve Rogers (Chris Evans) ,who is horrified by the atrocities of the Nazi’s in Europe , want to enlist into the army and serve his country. Due to his sicklyness and frailty he is rejected.
He volunteers to participate in an experimental program that turns him into the Super Soldier known as Captain America. As Captain America, Rogers joins forces with his best friend, Bucky Barnes (Sebastian Stan) and Peggy Carter (Hayley Atwell) to wage war on the evil HYDRA organization, that is led by the villainous Johann Schmidt /Red Skull (Hugo Weaving , you may know him as Smith , from the Matix).
PRO’S
Chris Evans portrayal of Steve Rogers , the skinny , sickly , weakling with the heat of a lion . Was awe inspiring .
Hugo Weaving was born to play a villain . He brought the character of the sinister Johann Schmidt/Red Skull to life. He had , arguably, the best performance in the movie.
The CGI work was exceptional , as they believably turned Chris Evans into a 90 pound weakling . The action scenes were also excellently executed.
CON’S
The “final battle” between Captain america and Red Skull could have been better.
CONCLUSION
After waiting the whole year for this movie . I can say , while being an incredible movie, i think i set my expectations too high. It didnt reach the level of excellence that X-men: first class did , but it was definitively the second best super hero movie of the year.
It is a nice mix of adventure , rambunctious action and a little bit of romance. A must watch ,whether you are a fun of super hero movies or not.
RATING
FAVORITE QUOTES
Steve Rogers / Captain America: Why me?
Dr. Abraham Erskine: Because a weak man knows the value, of strength. Knows the value, of power.
Dr. Abraham Erskine:Whatever happens, stay who you are. Not just a soldier, but a good man.
“God is with us; He is our leader”
(2 Chronicles 13:12, TLB)
TODAY’S WORD from Joel and Victoria
Is God your leader today? Do you allow Him to lead you in every area of life? A lot of times, people set out in a direction of life, or they make decisions and then “look around” to see where God is. They try to fit Him into their schedule, but really, He should be in charge of our schedules. Or, they ask God to bless their decisions when, instead, we should follow His ways because His ways are already blessed!
Today, instead of incorporating God into your day, ask Him to lead your day. Ask the Holy Spirit to search your heart and mind and see if there are any areas you need to submit to Him. Remember, He is with you and He is for you. When we allow Him to order our steps, when we seek Him first and follow Him as our leader, then nothing can stand in our way! Go out in victory today knowing that He is ordering your steps.
A PRAYER FOR TODAY
Father, thank You for going with me and leading me into victory day by day. I choose to trust and rely on You, knowing that You have a good plan for me. I know that Your ways are higher, and so I submit myself to You in every area of my life. In Jesus’ Name. Amen.
File: Lusaka business man and former Finance Chairman with lawyer Mumba Kapumpa at Magistrate Court.
The Drug Enforcement Commission has advised the daughter to Mathani Group of companies Chairman, Dr Rajan Mahthani to stop accusing the commission of unprofessionalism.
Dr Mahthani’s daughter Sabrina is reported to have issued media statements accusing the commission of being unprofessional over her father’s cases.
But DEC Assistant Public Relations Officer, Theresa Katongo says Sabrina should not try to attract public sympathy because the commission has the mandate to investigate cases involving suspected finances.
She says the commission remains professional in its duty to serve the people of Zambia.
Meanwhile the commission has arrested a financial Analyst of Lusaka for obtaining goods amounting to 35 million Kwacha by false pretences.
Ms Katongo says Trevor Hambayi who is on bond, obtained 35 million Kwacha as capital contribution for Keystone International Limited, a newly formed company which has never operated.
Nkana this afternoon recorded their first derby win over 10-man Power Dynamos since 2003 in a dramatic 1-0 away win at Arthur Davies Stadium in Kitwe in an MTN/FAZ Super Division Week 17 clash.
The 11-time league champions’ last win over their Kitwe archrivals in Zambia’s premier derby was on October 25, 2003 when they beat Power by the same margin.
Nkana’s victory also saw their coach Linos Makwaza extend his unbeaten run against his former club to five since he began his head coaching career in 2009 with defunct Zamtel FC.
It was all Nkana in the first half and initial signs of things to come manifested in the 13th minute when striker Evans Kangwa miscued a layoff from midfielder Mwila Kabwe.
Mwila too had a glorious chance to put Nkana in the on 22 wasted after rifling his shoot straight into the woodwork.
Nkana took a deserved just before the break in the 41st minute through Kangwa who scored his eight goal of the season with an unstoppable header from a Perry Mubanga cross on the right that goalkeeper Joshua Titima failed to keep out.
Power came back stronger after the break and were handed a fortunate penalty in the 47th minute by referee Wilson Mpanisi after striker Luka Lungu was brought down by defender Tumelo Chibwe.
The league’s top scorer Lottie Phiri stunned a packed and electrified Arthur Davies when he blasted resultant straight into the horizontal.
His penalty miss was cue for chaos to ensue as Nkana’s hardcore fans left their designated seating area and matched to the host supporter’s goal-end stand with a yellow mock coffin signifying the colors of Power.
A scuffle ensued as punches flew and Vuvuzela’s used as clubs by both warring parties as play stopped briefly before police quelled the situation.
There was more misery for Power who had defender Kamuzati Kabwe sent off for an off-the-ball incident on second half substitute Reynold Kampamba who made a surprise return to the team after a brief trail spell at SuperSport United.
However, 10-man Power refused to roll over and die and piled the pressure led by Phiri who was outstanding despite his penalty miss but Nkana held on for an important win.
Results
MTN/FAZ SUPER DIVISION WEEK 17 FIXTURES
06/08/2011
Forest Rangers 1-Kabwe Warriors 2
Lime Hotspurs 0-Roan United 1
Green Buffaloes 0-Konkola Blades 0
Nchanga Rangers 0-Nkwazi 0
Red Arrows 0-Kalewa 0
Nakambala Leopards 1-Green Eagles 0
Power Dynamos 0-Nkana 1
07/08/2011
Zesco United-Zanaco
Health Minister Kapembwa Simbao (right) talks to Chainama Hills Clinic Senior Medical Superintendent Welani Chilengwe (center) and Ministry of Health spokesperson Reuben Mbewe
President Rupiah Banda is on Monday August 8, 2011 scheduled to commission the newly constructed K40 billion ultramodern Lusaka General Hospital.
President Banda will commission the facility situated near Chainama Hospital, off the Great East Road.
This is according to a notice by the Ministry of Foreign Affairs to all members of the Diplomatic, Trade and Consular Missions and International Organisations accredited to Zambia.
Since his election in 2008, President Banda has prioritized infrastructure development in various sectors of the economy including health, education, roads among others.
FILE: Professor Nkandu Luo (r) and health minister Kapembwa Simbao cutting a ribbon during the World Asthma Day in Lusaka
Confusion over the adoption of parliamentary candidates in the Patriotic Front has continued with youths in Munali constituency rejecting the adoption of Professor Nkandu Luo.
Munali is the latest seat where cadres have rejected the party’s preferred candidates.
In Kalulushi former Mine Workers Union of Zambia President Rayford Mbulu has been rejected, while candidates for Chifubu and Bwana Mkubwa in Ndola have also been rejected.
The youths from Munali who stormed ZNBC Saturday morning prefer Eric Chanda who they say is the best candidate to win the seat.
The youths were led by Kalingalinga ward Publicity Secretary, Jackson Chilufya and Vice Treasurer, Christopher Chanda.
The two ward officials have told ZNBC News that Eric Chanda has worked with the people at the grassroots and deserves to contest the Munali seat.
The PF has concluded its adoptions but is yet to publicly announce its candidates.
On Friday, cadres from Kalulushi Constituency on the Copperbelt protested against the adoption of Ryaford Mbulu as the parliamentary candidate.
The cadres who stormed ZNBC Kitwe studios gave the party leadership a two day ultimatum to reverse its decision over the adoption of Mr. Mbulu.
But PF Secretary General Wynter Kabimba has maintained that the decision of the party central committee is final.
Mr Kabimba has described the youths as indisciplined and not genuine members of the party.
PF Vice President Dr Guy Scott also lambasted the cadres that protested over adoption of Kalulsuhi candidate Rayford Mbulu and accused them of not being genuine members of the party.
Dr Scott also accused ZNBC of being hostile and said it was not true that PF Members could go to ZNBC to protest against the adoption of Mr Mbulu.
He told ZNBC News in Kitwe in a telephone interview that the alleged PF cadres that stormed the ZNBC studios in Kitwe were not members of the PF.
He said genuine PF members could not go to ZNBC for coverage.
All is set for the filing in of nominations for Presidential candidates which starts on Sunday.
The Electoral Commission of Zambia says everything is on course for Sunday’s lodging of Presidential nominations at the Supreme Court for the September 20 polls.
Director Priscilla Isaac says the commission and police have worked out modalities to ensure that party cadres do not engage in physical confrontation during the filing in of nominations.
Ms Isaac has advised Presidential candidates to ensure they carry the necessary documents required for the filing of nominations.
She says only Presidential candidates and the required supporters will have access inside the Supreme Court building for filing in of nominations.
UNIP President Tilyenji Kaunda will be first to lodge in nominations on Sunday followed by the Forum for Democracy and Development -FDD- president Edith Nawakwi.
Later in the afternoon, Zambians for Empowerment and Development –ZED party president Dr Fred Mutesa will lodge in his nomination.
On Monday presidential candidates for the National Restoration party NAREP Elias Chipimo will file in his nomination.
United Party for National Development president Hakainde Hichilema will then file in followed by Ng’andu Magande of the National Movement for Progress –NMP.
The National Revolution Party president Dr Cosmo Mumba, Michael Sata of the Patriotic Front, Charles Milupi of the Alliance for Democracy and Development -ADD- will file in their nominations on Tuesday.
President Rupiah Banda, who is also MMD leader, will file in his nomination of Wednesday.
The Peoples’Redemption Party- PRP and the Zambia Direct Democracy Movement -ZDDM- will file in nominations on Wednesday.
The Heritage Party president Brigadier General Godfrey Miyanda will file in on Thursday.
The United Nationalist Party and Zambian Conservative party will also file in their nominations on Thursday.
The filing of Presidential nominations will close on Friday with the Zambia Progressive Party -ZPP- and Revolution Communist Party – RCP.
The Electoral Commission of Zambia -ECZ- has since restricted entry to the Supreme Court grounds, where Presidential candidates will be filing in nominations to avoid clashes and confusions among political parties.
Only candidates, their 200 supporters, two election agents and three senior party officials will be allowed entry into the Supreme Court grounds during the filing of nominations.
ECZ Director Priscilla Isaac has advised political parties to only carry along people that will support their Presidential nomination.
Anti-rigging Zambia limited has maintained that it is possible for the country to print ballot papers for the forthcoming elections locally.
Anti-rigging Zambia board member Mwenya Chama says it is good that the Professional Printers Association of Zambia has responded to the queries raised by his organization and that it has indicated that Government Printers has the machinery to print ballot papers.
He added that government needed to puts up a security system at Government Printers becaus the money that will be spent on printing ballot papers in South Africa could have been injected into the local economy.
Mr. Chama questioned why Zambia after more four decades of independence should be printing its ballot papers in a foreign country adding that this raises a lot of suspicions among the Zambians.
But government and The Electoral Commission of Zambia have maintained that the ballot papers will be printed by South Africa%u2019s universal printers.
[ QFM ]
A political analyst has observed that the large number of presidential aspiring candidates in this year’s tripartite elections will have a negative effect on the ultimate outcome of the polls.
Dr. Alex Ng’oma, a senior lecturer in the school of humanities at the University of Zambia has since predicted minority votes for the winning Presidential candidate in the polls.
Dr. Ng’oma told QFM that much as it is a democratic right for any Zambian to contest the republican presidency, it is important for aspiring candidates to consider their chances of emerging victorious.
He says some political leaders that will participate in the September 20th general elections have no chances of winning but will merely split votes, a situation he describes as unfortunate.
The Electoral Commission of Zambia (ECZ) on Thursday announced that a total of 17 candidates are contesting the Republican Presidency the next month’s polls.
Candidates believed to be front runners in the polls are incumbent Republican President Rupiah Banda on the ruling MMD ticket, opposition Patriotic Front (PF) leader Michael Sata, and UPND’s Hakainde Hichilema.
[ QFM ]
PATRIOTIC Front (PF) cadres in Ndola and Mwense yesterday exchanged blows over the adoption of parliamentary candidates allegedly imposed on them by party president Michael Sata.
In Ndola, PF cadres rejected the adoption of former Zambia Congress of Trade Unions (ZCTU) president Fackson Shamenda for Ndola Central, Susan Kawandami for Chifubu and former Ndola town clerk Emmanuel Chenda for Bwana Mkubwa constituencies.
According to eyewitnesses, the adoptions have left a bitter taste in the mouths of cadres who feel short-changed by the action of MrSata.
Supporters of MrShamenda and those against his candidature clashed outside the district offices on Broadway.
The cadres have rejected the three candidates and called on the party leadership to replace them. They protested in Chifubu constituency and proceeded to the PF district offices on Broadway before they were addressed by Ndola district chairman George Chisulo.
“We are not going to campaign for the three adopted candidates because they have no support at the grassroots. If they are not dropped, we risk losing the seats to the MMD.” said one cadre.
The cadres vowed not to accept candidates imposed on them by the party’s central committee when members have preferred candidates.
They said that some of the adopted candidates are difficult to sell and that voters deserve candidates who can deliver to the expectations of the electorate.
“We have not seen anything that Susan Kawandami did for the people of Chifubu since she became member of Parliament and our leaders want her to stand again instead of fielding Joseph Kabamba, who is more popular,” another cadre said.
And MrChisulo, who addressed the protesting cadres, said he would inform the national leadership about the grievances raised against the adopted parliamentary candidates.
“You will be informed once we have the response from the national leadership. I am appealing to you to disperse and remain calm,” Mr Chisulo said.
PF cadres in Bwana Mkubwa constituency also protested against the candidature of former Ndola town clerk Mr Chenda.
The cadres said the three candidates must be replaced by Joseph Kabamba (Chifubu), Macpherson Chanda (Ndola Central) and a person they did not name for Bwana Mkubwa.
Meanwhile, MMD Ndola Central aspiring parliamentary candidate Emmanuel Mulenga said he will emerge victorious in the elections.
MrMulenga said MrShamenda is not a factor in politics because he had retired from public life.
In Mwense, cadres also ran riot over candidates imposed on them by Mr Sata.
They protested against dictatorial tendencies by MrSata, who has allegedly adopted unpopular candidates, ANGELA CHISHIMBA reports.
The PF members have vowed to campaign against Mwale Chipolo, who has been picked to contest the seat. They have vowed to vote for President Banda and MMD-adopted parliamentary candidate Jacob Chongo.
Mwense PF Constituency chairman Reuben Chokolo told the Daily Mail that if the party and its leader MrSata insist on imposing Mr Chipolo as its candidate, the opposition party would lose this year’s elections.
He said PF members in Mwense are backing Joseph Chisakula, who has worked for the party for many years.
“Things are not good in Mwense because we have received very disturbing news from Lusaka. The person they have adopted is not popular and we are not ready to work with him,” MrChokolo said.
And Mwense Constituency youth chairman Blackstone Mukelwa said Mr Chipolo was rejected in the 2006 tripartite elections.
“This man (Chipolo) is not popular here. This adoption will just cause confusion,” he said.
He urged Mr Sata and other members of the central committee to reverse the decision, failure to which the PF would lose the Mwense vote.
“If the party ignores our demands, it will be a miracle for it to even get 500 votes. We will go back to MMD because it is not right to impose candidates on the electorate,” he said.
Mr Mukelwa said Mr Chipolo lives in Mansa while MrChisakula lives in Mwense and the latter is in touch with the grassroots.
“This clearly exposes MrSata’s dictatorial tendencies. If they do not rescind this decision, the entire constituency committee will abandon the PF,” he said.
And a PF youth in Mwense, David Chisanga, said the MMD is going to win the elections in Mwense and Luapula.
“A lot of people have gathered and are protesting against this decision. There are over 30 youths here,” he said.
He demanded that MrSata should travel to Luapula to resolve the problem which has arisen.
“Mr Sata is not being sincere because he promised the people of Mwense that he would adopt Mr Chisakula,” Mr Chisanga said.
Ministry of Finance and National Planning Permanent Secretary Anthony Undi shakes hands with the President
THE Ministry of Finance and National Planning has said Government is committed to improving its economic policies to create a conducive environment that will enable the country to maintain its low middle-income status.
Ministry of Finance and National Planning permanent secretary Anthony Undi said Government is working hard to put in place policies which will increase income generation in the country.
Mr Undi said in Lusaka early this week during the 26th annual general meeting cocktail party for Indo-Zambia Bank (IZB) that the banking sector plays an important role in growing the economy of the country.
“Banks play an enhanced role in economic growth, and the IZB has been complementing Government efforts by ensuring the unbanked groups have access to financial services,” Mr Undi said.
He said IZB has contributed to the increase in foreign direct investment coming into the country because of its strategic linkages with investors outside the country.
Mr Undi expressed happiness that in complementing Government efforts the IZB has focused credit deployment to growth areas of the economy such as manufacturing, agriculture, tourism and infrastructure development.
He said the bank has registered an impressive growth of 23 percent amounting to K422 billion.
And speaking at the same function, IZB board chairperson Orlean Moyo commended Government for achieving the low middle-income status.
Mrs Moyo said the re-classification is a reflection that the country has been progressing because of the sound economic policies of the government.
“This status and the prevailing conducive economic atmosphere will translate into more economic benefits for the nation,” Mrs Moyo said.
THE Patriotic Front (PF) and United Party for National Development (UPND) have praised Zambia’s economic achievements under the leadership of the ruling MMD.
Speaking at a public debate on commerce, trade and industry organised by the Economics Association of Zambia at Lusaka’s TajPamodzi Hotel on Thursday, panelists representing political parties said Zambia’s economic growth is obvious.
Bob Sichinga of the PF acknowledged in his presentation that “Yes, there has been an increase; there is no denying that there has been an increase in the investment flow”.
Zambians for Empowerment and Development (ZED)’s KapembwaLamba said the ruling party’s record of performance is evident for everyone to see.
“We do have development going on. I mean the statistics are there to speak for themselves,” MrLamba said, as several members of the auditorium acknowledged in unison.
ChoolweBeyani of UPND said: “If we go back to the ABC of industrialisation and development, you may remember Rosto’s fundamental elements of economic growth … we have what we call economic growth in this country; yes we must acknowledge there’s growth.”
And National Movement for Progress’s (NMP) Teddy Kayenge observed that more people have been empowered in Zambia over the past five years – three of which have been presided over by President Banda following the death of President Mwanawasa in office.
“The number of people who own cars in Zambia is very high compared to five years ago,” MrKayenge said in his presentation.
The glowing tribute paid to the governing party prompted former Commerce minister Felix Mutati to invite all opposition political parties to join the MMD and work together for development as a united force.
MrMutati, who represented the MMD alongside former Zambia Development Agency (ZDA) director for promotions and investments MuhabiLungu, said the opposition had realised that the development taking place across the country is real.
“What is pleasing is that the views we are hearing from the panel and the things that we are doing (as MMD) are absolutely the same. They (opposition) are not bringing anything different from what we are already doing,” MrMutati said.
“So, what we are saying is that just come and join us so that we can work together on the path to development because that will make things easier. Our colleagues (in the opposition) are acknowledging that we are on the right path.”
THE Lusaka High Court has adjourned to Monday for ruling the case in which the Patriotic Front (PF) is trying to restrain President Banda from contesting this year’s tripartite elections.
Lusaka High Court judge-in-charge Jane Kabuka made the decision when State advocates, President Banda’s lawyers and the PF lawyers agreed to file written submissions.
The case was heard in camera in Lusaka yesterday.
Wynter Kabimba, in his capacity as PF secretary general, is trying to restrain President Banda from contesting this year’s elections, arguing that he (Mr Banda) has not explained his parentage.
One of the lawyers, Chola Chama told journalists that Mrs Justice Kabuka will deliver the ruling after consolidating six preliminary applications which have been made on the matter.
“The defendants have made five applications and we (Plaintiffs) have one application. The court will combine the applications into one and make one ruling on Monday, August 8, 2011 at 08:30 hours,” Mr Chama said.
He said the defendants will file their written submissions today at 17:00 hours and the plaintiffs will file their submissions tomorrow at the same time.
Mr Kabimba has sued the Attorney-General, MMD national secretary Richard Kachingwe and the Electoral Commission of Zambia (ECZ) claiming that the ruling party cannot by law sponsor President Banda because his parents are allegedly not Zambian citizens.
On Thursday, Attorney-General AbyudiShonga said Mr Kabimba’s case against President Banda’s parentage is wrongly before court.
MMD lawyers have said Mr Kabimba’s case is premature because the High Court is incompetent to handle the matter.
The position that the PF has taken over the nationality and parentage of President Rupiah Banda reflects very poorly on the quality of the leaders of PF. It is my argument in this article that the PF’s position on President Banda is flawed at law, misunderstands culture and demonstrates failed politics. Here is why.
The arguments that Wynter Kabimba is advancing towards Article 34 vis-à-vis Rupiah Banda are devoid of any legal acumen. According to Kabimba, and I agree with him, the constitution is very clear in that it says that both parents of a presidential candidate should be Zambian by birth or descent. But what Article 34 says is just a part and not the whole picture of the Zambian constitution.
Constitutional Law is not just about reading isolated articles of the constitution. If that were the case, we would not be having this debate. In fact, if Constitutional law only comprised what is written in the constitution there would be no need for lawyers and no need for courts of law. It is Constitutional Law 101, that the constitution does not just comprise Articles of the Constitution. It also comprises judicial interpretation of those articles. This interpretation of the constitution, according to Zambian constitutional order is the preserve of the Judiciary. The courts interpret the law and adjudicate between parties with regard to constitutional matters.
In constitutional theory, the courts cannot strike down the constitution. Nevertheless, in practice, the court’s interpretation of the constitution sometimes comes close to amending or even striking down some elements of the constitution. The High Court by its power of interpretation could in fact so interpret the constitution in ways that were not even envisaged by Parliament when they enacted that same constitution.
The consequence of judicial interpretation of the constitution means that any person who wishes to understand the constitution should do at least two tasks: read the constitutional articles in connection with other articles within the constitution, and secondly, read the constitution through the lenses of judicial interpretation of that constitution.
The first task sounds very easy. But getting the meaning of words and sentences, even simple ones, is not an easy task. Article 34 presents several concepts like, citizen, Zambia, birth and descent, parents, etc. As such you may need to ask yourself what the word Zambia means in Article 34. And then you have to look at other words such as “parent”. Is it biological parent? Or adoptive parents? If it is adoptive parents then what sort of adoption should it be? Is it customary adoption or civil adoption or common law adoption? You can get more and more questions.
These questions should now lead you to the second task of constitutional interpretation. Which is to ask yourself, how the courts of law have interpreted those particular articles, or words? At law, it is what the highest court in a hierarchy has said that matters. Moreover, according to the legal principles of stare decisis and judicial precedence, when the Supreme Court rules on a point of law their interpretation becomes the law should be followed by lower courts and by lawyers.
In this matter then, we have what the Constitution says on one hand, and then we have how the courts have interpreted those provisions on the other hand. A good lawyer, therefore, does not just end at the first task. This is what Kabimba is doing. He reads Article 34 and then extrapolates from there meaning that the courts have found absurd.
In an earlier article, I had addressed this issue but I think that with the likes of Kabimba we need to repeat ourselves. Questions about Article 34 have aptly been addressed by the Supreme Court in the case of Lewanika and others v Frederick Chiluba. This case is perhaps the most significant ruling in Zambian Constitutional study.
In this case, Akashambatwa Mbikusita Lewanika and his cohorts petitioned the Court arguing among other things that Chiluba did not meet the requirements of Article 34 because they alleged that he was born in Congo and that his Father was a Congolese. In fact, the court even got to meet a man who had striking resemblance to Chiluba, a character known as Chabala Kafupi. This Kafupi bizarrely claimed to have been Chiluba’s father. He also claimed that even if he were a Zambian citizen, he so became after obtaining a National Registration Card and Chiluba his son was indeed born in the Congo.
In its landmark ruling, The Supreme Court greatly criticized parliament’s logic with regard to Article 34. In particular, it recognised the fact that this constitutional article will create real problems for Zambia in the future. The Supreme Court could not strike out Article 34—it does not have the power to do that.
However, what it did was interpret. And this interpretation is tantamount to striking down this article. The Supreme Court ruled that, the requirement that a presidential candidate should produce Zambian parents is absurd because there was no Zambian citizenship before 24 October 1964. It also ruled that even if Chiluba were born in Congo (a fact that was never proven in court), if he belonged to Northern Rhodesia, he would qualify as citizen of Zambia. He only needed to prove that he lived in Zambia by Independence Day.
On Chabala Kafupi, it ruled that indeed even if he claimed to have come from Congo, the fact that he lived in Northern Rhodesia and belonged to Northern Rhodesia he qualified to be a citizen of Zambia. Further, the court made it clear that Kafupi did not become a citizen at the time of applying for the NRC, but became one at independence. An NRC, ruled the court, does not confer citizenship upon any person since it only registers citizenship.[pullquote]I wonder what Scott is feeling or thinking when he sees his party colleagues show such high levels of xenophobia and tribalism. Surely, Scott qualifies to be Vice-President of Zambia and even president of Zambia. He is a Zambian citizen just as Rupiah Banda is.[/pullquote]
What would be the effect of the court’s interpretation then? The Court actually even went to the extent of mentioning that a Chinese who is adopted by a Zambian could still satisfy the requirements of this Article if he can show that his parents belonged to Northern Rhodesia. Here is an example. Michael Sata is Zambian (as he rightfully claims to be) and was obviously born in the 1940s. If at the time that he was born his father and mother (which he claims were Zambian), had adopted, by chance, a young boy from China who was born at the same time as Michael Sata,the constitution,in 2011, would not discriminate between Michael Sata and his Chinese or Taiwanese brother. That Taiwanese Sata would still swear before the Chief Justice that his parents were Zambian by birth or descent.
Did Rupiah Banda then lie when he swore before the Chief Justice that his parents were Zambian by birth or descent? Not according to the Supreme Court. He did not lie at all. What he swore was consistent with the law. It is under this law that people like Guy Lindsay Scott, Dipak Patel, Simon Zukas and several others would legitimately run for president of the republic.
FLASHBACK: Mandevu MP Jean Kapata places a red ribbon on Guy Scott
Culturally, when Sata goes to Eastern Province and tells the Easterners that Rupiah Banda is a Malawian he is playing with solemn fire. Sata is thinking that Easterners do not like Malawians just as his Bemba relatives hated Malawians at independence. It is common knowledge that one of the reasons why Kapwepwe and a group of his Bemba hegemonists had fall-out with Kaunda was because they accused Kaunda of favouring his Malawian relatives in Zambian political appointments. This is the argument that Sata is trying to bring. This argument never worked against Kaunda then and it cannot work for Sata now. As Easterners would say, here Sata “aitaya.”
Additionally, Sata is culturally wrong here because he assumes that Easterners hate Malawians just like the Luapulans hate the Congo. But there is a dynamic that exists in the East that does not exist in other border areas such as Luapula or Copperbelt. In spite of Congolese ancestry many Lundas, Ushis, Lalas, and Lambas refuse to have anything to do with the Congo. But it is not so with Zambians of Malawian ancestry. As such, Tumbukas and Chewas may fight in Malawi but once they cross the mountains into Zambia, they become allies. It becomes “Umodzi Kumhawa”. You cannot insult Malawi and expect a vote from the Easterners. Sata’s campaign tactic is very absurd here.
Zambia has had four presidents. Of these, two have had undeniable Malawian ancestry. Both Kaunda and Banda do not hide the fact that their parents came from the then Nyasaland. But both Chiluba and Mwanawasa, in spite of overwhelming evidence that they had Congolese connections, had refused anything to do with the former Zaire. I will leave the tantalizing Congolese connection of both Chiluba and Mwanawasa to a latter article. Suffice here to say that in Amos Malupenga’s biography of Mwanawasa, Amos glosses over a very important piece of information about where Mwanawasa’s mother lived after she was divorced from Levy’s dad. According to Malupenga, that village has suddenly disappeared out of Ndola rural. My sources however, tell me that the village disappeared in Malupenga’s book because it was actually over the other side of Lambaland—in modern day Congo. Zambians of Congolese origin or connections hide their heritage…but it is not so with those of Malawian heritage.
Sata and Kabimba’s positions on Rupiah Banda are not founded on law and are culturally absurd. But one could give some justification for their positions if it were to the PF’s political advantage. But obviously, politically the PF’s position smacks double standards. The optics do not just look too good.
It is rather politically absurd that a party that has Guy Lindsay Scott as its Vice-President would perpetuate such crass discrimination of Zambian citizens. I wonder what Scott is feeling or thinking when he sees his party colleagues show such high levels of xenophobia and tribalism. Surely, Scott qualifies to be Vice-President of Zambia and even president of Zambia. He is a Zambian citizen just as Rupiah Banda is. But with the dust that PF is raising about RB, one wonders whether the PF’s is a party of people who do not care about Zambians of foreign origin, or it is indeed a party of people who just cannot reason!
Kabimba should stop this nonsense. The optics do not look good. Appealing to the UN, AU and SADC over this matter just goes to show that the PF is not ready to rule. Kabimba is quickly turning this great party into a party of patriotic nonsense.
