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.

[ZNBC]

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.

ZNBC

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.

[Zambia Daily Mail]

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.

[Zambia Daily Mail]

By E. Munshya wa Munshya

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.

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.

Opposition Patriotic Front (PF) secretary general Wynter Kabimba on Wednesday sued the Attorney General, Major Kachingwe and the Electoral Commission of Zambia (ECZ), claiming that the ruling party could not by law sponsor President Banda because his parents were not Zambian citizens.And High Court Judge-in-Charge Jane Kabuka set today as the date for inter-parte hearing on the matter.

The Attorney General was sued in his representative capacity pursuant to the provisions of the State Proceedings Act of the Laws of Zambia.

President Banda is being represented by Messrs Mvunga and Associates, SNB Legal Practitioners, Eric Silwamba and Company, and George Kunda and Company.

Mr Silwamba said civil procedure that was being sought through the High Court was wanting in jurisdiction because it was premature on any law relating to the election of president.

He said the High Court judicature for Zambia was wanting in jurisdiction as any question which may arise as to whether any provision of the Constitution of Zambia, Chapter 1, Volume 1 of the Laws of Zambia or any law relating to the election of the president had been complied with should be referred to and determined by the full bench of the Supreme Court of Zambia, pursuant to the provisions of Article 41 of the Constitution.

And Attorney General Abyudi Shonga said the move taken by PF through the use of a writ of summons was a wrong mode, adding that the court could be moved by way of petition.

Mr Shonga said he was aware that both the Constitution and the Electoral Act number 12 of 2006 provided for the manner in which any question which may arise as to whether any provision of the

Constitution or any other law relating to election of a president had been complied with maybe brought before the court.

ECZ director Priscilla Isaac said the commission was improperly joined to the proceedings as it was not a body corporate capable of suing or being sued in its corporate name.

Ms Isaac said according to the provisions of the State Proceedings Act, the correct party to be sued was the attorney general.

In this case, Mr Kabimba is claiming a declaratory judgment or order that the parents of President Banda were not citizens of Zambia by birth and that the MMD could by law not sponsor him as a presidential candidate in the 2011 presidential and general elections to be held on September 20.

And Lawyers representing President Rupiah Banda in a matter in which he has been taken to court by the Patriotic Front (PF) over his parentage have described civil proceedings by the opposition party as totally misconceived and irregular.

They have argued that the PF claim could not be used to halt the nomination of President Banda as a presidential candidate in this year’s elections.

Lusaka lawyer Eric Silwamba said the civil proceedings instituted by the PF and the act to join MMD national secretary Richard Kachingwe to the matter was incompetent and a wrong mode which could not be heard by the High Court.

He said the matter should be referred to and determined by the full bench of Supreme Court pursuant to the provisions of Article 41 of the Constitution of Zambia.

According to a notice of intention to raise preliminary issues filed before the court yesterday, Mr Silwamba said the civil proceedings instituted by the PF were a wrong and premature way of challenging the appointment of President Banda.

He said the matter could only be commenced after the presidential election had been conducted and the president sworn into office.

Mr Silwamba submitted that the originating process commenced by PF through a writ of summons was a wrong mode to impugn the qualification of election to the office of president as stipulated by Article 34 of the Constitution of Zambia, chapter 1 of the laws of Zambia as read with provisions of sections 20 and 21 of the Electoral Act number 12 of 2006.

[Times of Zambia]