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Why is the Electoral Commission of Zambia (ECZ) abrogating the law

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By Dr Fred M’membe President of Socialist Party Zambia

Why is the Electoral Commission of Zambia (ECZ) abrogating the law and changing the precedent it has set when it comes to Kabushi and Kwacha? On Monday, 17 October 2022, the Constitutional Court recognised that the order by the High Court to stay the elections in Kwacha and Kabushi Constituencies, remains valid.

Further, can the ECZ cite any law that empowers the Commission to proceed to conduct elections if a candidate who had resigned changes their mind after the Commission has even acknowledged receipt of their resignation? What the ECZ has done this time is lawless. The law requires the Commission to cancel the nominations and call for fresh ones only. There is no law that provides for a nominated candidate who has resigned to rescind their decision after resigning. After receiving the resignations of the two candidates, what the ECZ should have done is to call for fresh nominations from all eligible candidates. Anyone interested, including those who had resigned, would be free to file their nominations, if they are eligible to stand for the election.

It will be unconstitutional for the ECZ to conduct elections in Kabushi and Kwacha constituencies without calling for fresh nominations. Article 52 (6) of the Constitution of Zambia provides that “Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations”.

This is the only provision that deals with the resignations of successfully nominated candidates. In both Kabushi and Kwacha, we had a candidate who resigned and the ECZ acknowledged receipt of their resignations. Once a candidate has resigned, the law requires the Commission to cancel the existing nominations, call for fresh nominations by eligible candidates and hold a new election within 30 days of the date of the new nominations. Indeed, this is what the ECZ has previously done. When a candidate belonging to the opposition UPP who had successfully filed nomination papers for the Kabwata by-election resigned, ECZ immediately cancelled the election and called for fresh nominations.

When Ms Charity Lumpa who had successfully filed nomination papers for Lusaka Central resigned as an independent candidate prior to the 12 August 2021 election, the ECZ cancelled the earlier nominations and called for fresh ones.

We want to remind the ECZ that this is not a game where one can do whatever they like without any regard to the laws of the land. The decisions of the ECZ should always be based on the or backed by law. The ECZ should stop this lawlessness and do the correct, legal thing.

Masebo calls for the strengthening of the local pharmaceutical manufacturing industry

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The Minister of Health Sylvia T Masebo has called for the strengthening of the local pharmaceutical manufacturing industry in order to help Zambia attain universal access to affordable efficacious and safe medicines.

Officiating at the launch of the Zambia Pharmaceutical Manufacturing Initiative (ZPMI), Ms. Masebo said the promotion of local Pharmaceutical Manufacturing Industry is key to the attainment of universal access to affordable efficacious and safe medicines.

She said a vibrant local pharmaceutical manufacturing industry will greatly contribute to the attainment of Universal health coverage and Sustainable development goal number three: “health for all at all ages for the country, Leaving No One behind.”

Ms. Masebo said the local production represents between 10-15 percent of the demand for pharmaceuticals in Zambia due to the low capacity of the pharmaceutical industry to satisfy demand for medicines and medical supplies.

She added that the Zambian pharmaceutical companies fall short of World Health Organisation (WHO) prequalification and are struggling to meet the Good Manufacturing Practices (GMP) standards even if they possess local pharmaceutical licenses.

“In ensuring effective and quality production of pharmaceutical products, affordable finance, access to technology and appropriate policies and legal framework are fundamental requirements for pharmaceutical manufacturing in Zambia to upgrade our production to international quality standards, such as Good Manufacturing Practices (GMP), and to gain access to local and international markets. Zambia needs strengthened partnership mentorship programmes to help the local pharmaceutical manufacturers to best prepare themselves for partnerships with international pharmaceutical firms, financial institutions and development partners. This will stimulate growth of local pharmaceutical manufacturing through partnerships with established firms and to assist a cohort of promising local manufacturers in finding advanced technologies and/or finance partners and be mentored. Arising this gap, the government of the Republic of Zambia held its first ever EU-Zambia economic forum in May, 2022 in an effort to foster major partnerships in health and particularly the pharmaceutical sector with well-established EU manufacturing companies,” Ms. Masebo said.

“Another important component of enhancing local pharmaceutical manufacturing is skilled human resources. The pharmaceutical industry in Africa has been hampered by the limited numbers of scientists working in advancing pharmaceutical production. However, addressing this constraint would be a serious game changer in the pharmaceutical industry. The industry requires highly skilled labor to lead the production of much-needed medicines and medical supplies. In order to address the human resource gap, universities and Colleges should partner with the pharmaceutical industry in order to build capacity in this sector. Driven by the desire to address this specialized human resource gap in the pharmaceutical manufacturing sector, governments working closely with the University of Zambia have initiated the training of masters in pharmaceutical manufacturing. So far, ten (10) students enrolled and their practicum sites have been identified through local manufacturers such as Yash Life Sciences, among others,” she said.

The Launch of the Zambia Pharmaceutical Manufacturing Initiative (ZPMI)
The Launch of the Zambia Pharmaceutical Manufacturing Initiative (ZPMI)

Ms. Masebo disclosed that there are ten (10) registered pharmaceutical manufacturing companies in Zambia, seven (7) of which are undertaking full manufacturing while three (3) are involved in repackaging of finished pharmaceutical products.

“Permit me to provide a brief overview of our Zambia local pharmaceutical landscape as follows:There are ten (10) registered pharmaceutical manufacturing companies in Zambia, seven (7) of which are undertaking full manufacturing while three (3) are involved in repackaging of finished pharmaceutical products. The seven (7) companies are mostly engaged in the manufacturing of generic small and large volume parenteral, oral solid dosage forms, liquid dosage forms, powders, external preparations and medical supplies. It is estimated that the local production represents between 10-15 percent of the demand for pharmaceuticals in Zambia. This could be attributed to the low capacity of the pharmaceutical industry to satisfy demand for medicines and medical supplies. Our pharmaceutical companies fall short of WHO prequalification and are struggling to meet the Good Manufacturing Practices (GMP) standards even if they possess local pharmaceutical licenses,” the Minister of Health said.

Ms. Masebo announced the government’s plan to review the National Drug Policy of 1999 to ensure that it suits the current trend in local pharmaceutical manufacturing including providing for necessary incentives to boost the industry.

“The National Drug Policy of 1999 is due for review to suit the current trend in local pharmaceutical manufacturing including providing for necessary incentives to boost the industry. Notwithstanding, the Zambian pharmaceutical market has shown potential in recent years. The pharmaceutical sector in Zambia was worth nearly 133 million U.S dollars in 2012 and reached over 240 million U.S dollars in 2014 (WHO, World Health Report: 2014). The growth was attributed to the high disease burden, increase in population and a growing economy. The COVID-19 pandemic has further exposed Zambia’s vulnerability in ensuring access to vital medicines and medical supplies, vaccines and health technologies. In this regards, most African countries Zambia inclusive, view the supply of safe, effective and affordable medicines and vaccines as a national security issue,” Ms. Masebo said.

She observed that the COVID-19 pandemic has further exposed Zambia’s vulnerability in ensuring access to vital medicines and medical supplies, vaccines and health technologies.

“For example, during this COVID 19 pandemic situation Zambia had to delay the vaccine roll out program due to lack of local production of vaccines. Therefore, stimulating local production of medicines, medical supplies and vaccines will provide an opportunity for the country to have access to cost effective, efficacious and safe medicines and medical supplies as opposed to the current situation where medicines are imported at a greater cost. In order to improve resilience and efficiency in our Pharmaceutical supply chain, the President of the Republic of Zambia, Mr. Hakainde Hichilema on the 9th of September, 2022, during the official opening of the Second Session of the Thirteenth (13th) National Assembly, called for strengthening of the local pharmaceutical manufacturing in order to contribute to a number of the country’s economic, social and environmental development priorities,” Ms. Masebo said.

“As I Conclude, may I state that promotion of local Pharmaceutical Manufacturing Industry is key to the attainment of universal access to affordable efficacious and safe medicines and medical supplies and as a ministry we remain committed to ensuring that this is attained as it will greatly contribute to the attainment of Universal health coverage and Sustainable development goal number three: health for all at all ages for the country, Leaving No One behind,” she concluded.

Zambia Police Arrest and Charge a female juvenile aged 19 for the faking abduction

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Barely 3 weeks after the Zambia Police rescued 13 girls who were abducted, a girl in Matero has faked an abduction and hides at her boyfriend’s place.

The Zambia Police Service Spokesperson Rae Hamoonga cited in a press statement that the Police in Matero of Lusaka Province has charged and arrested a female juvenile aged 19 for the offence of Cheating Contrary to Section 311 of the Penal Code Act Chapter 87 of the Laws of Zambia.

Mr Hamoonga added that it is alleged that the juvenile left home on 16th October, 2022 at around 16:00 hours on the pretense that she was going to church instead she went to the boyfriend’s house in Lilanda West were she faked to have been abducted.

He said that this follows after Brighton Mwamba aged 38 from Lilanda West who is an uncle to the juvenile reported to the police that her niece aged 19 was abducted by unknown people as she was going to church on Sunday 16th October, 2022 in Soweto compound.

“It was further alleged that the juvenile was injected with unknown substance which made her become unconscious and was later taken to unknown place,” he said

Mr Hamoonga added that the alleged abductors called Mr Sitima Tasi of Chongwe the uncle to the juvenile and demanded a sum of K50, 000 or else something bad would happen to her and an ultimatum of 48 hours was given to him.

And on 17th October, 2022 around 12:00 hours the Aunt identified as Dainess Banda aged 34 of the same abode called the victims’s number and she answered further explained to her aunt that she didn’t know where she was but it was in a house without windows with only a door.

“She went on to state that there were Ten other girls in the house and that they were being kept without eating,” Mr Hamoonga stated

Mr Hamoonga mentioned that the Police instituted investigations into the matter and on 19th October, 2022, they managed to retrieve the juvenile from the boyfriend’s house in Lilanda Township.

“She has been detained in Police custody and will appear in Court soon,” Mr Hamoonga noted

Mr Hamoonga has since warned persons with ill motives of wanting to commit promiscuity or any other crimes and later on use an excuse of being abducted that as police they shall not treat such falsehoods with kid gloves, because whoever shall be found wanting will be made to face the full wrath of the law.

“We are encouraging the citizenry to join hands with the Police in the fight against crime for the betterment of our society,” Mr Hamoonga said

Government is concerned with the ever-increasing disputes regarding chiefdom boundaries-Nkombo

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The government says it is concerned with the ever-increasing disputes regarding chiefdom boundaries which is detrimental to the development of the nation.

Minister of Local Government and Rural Development, Garry Nkombo says land is a huge asset to the nation that is key to economic development.

Mr Nkombo said it is necessary that issues around land and boundaries are well managed.

He stated that more than 90 percent of the land in Zambia is customary land domiciled in chiefdoms.

The Minister was speaking yesterday in Lusaka at Mulungushi Conference Centre during the distribution of chiefdom boundary and Topographic Maps to chiefs from 10 Provincial centers.

Mr Nkombo pointed out that the distribution of the 1958 chiefdom boundary maps is an important undertaking as it signifies government’s resolve to address land issues.

He said government is optimistic that with the enhancement of the 1958 chiefdom boundary map, the disputes surrounding chiefdom boundaries will now be minimized.

“Government takes keen interest in matters of both state and customary land as it is essential to the prosperity of the nation. Government will soon engage all relevant stakeholders and traditional leaders on the 1958 revised chiefdom boundary maps across the country including the affected chiefdoms to ensure that the matter is addressed adequately,” he said.

Mr Nkombo added that the reproduction of the 1958 chiefdom boundary map was done by superimposing topographic features and did not involve production of new maps.

He noted that no new chiefdom maps can be produced without extensive consultation with various stakeholders and key to these consultations are your royal highnesses.

And Minister of Lands and Natural Resources, Elijah Muchima said that the Ministry is overwhelmed with a number of land wrangles and succession disputes coming from various chiefdoms.

Mr Muchima stated that the 1958 chiefdom boundary maps being the latest official version supersedes all earlier versions of maps produced.

He noted that the Topographic and Chiefdom maps remain under the custody of surveyor generals in the ministry of lands and natural resources.

And speaking on behalf of the chiefs, House of Chiefs chairperson, Chief Nkula appealed to the government to expedite in solving the disputes on the maps.

He also urged the chiefs to ensure that they solve the issues of disputes without fights.

The future of trade unionism in Zambia is being threatened by capitalist greed-MUZ President

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Mineworkers Union of Zambia (MUZ) President Joseph Chewe says the future of trade unionism in Zambia is being threatened by capitalist greed, the need to maximise profits and minimise losses at all costs.

Speaking during the official opening of the 15th quadrennial conference of the Mineworkers Union of Zambia in Livingstone, Mr. Chewe said the future of trade unions is also being threatened by the digitalisation of the workplace.

He said the advancements in technologies; mining methods, mechanisation, and automation of the production process have implied less and less demand for labour.

Mr. Chewe said new mines avoid labour costs through outsourcing and subcontracting to companies at abnormally low costs making it difficult for them to survive and later on to provide decent wages and working conditions for their workers.

He bemoaned the trend of laying off workers at will in the mining sector.

“As guided by rule 7 of the MUZ constitution and in respect of the industrial and labour relations act (cap 269) of the laws of Zambia this conference has two main aims namely; to reflect on the last four years since we held the last conference which elected my executive and use the lessons learnt to plan ahead and To elect new leadership for the next four years. This conference is important for various reasons. However, in the interest of time, I will focus on only two. Importance of the conference. Firstly, this conference illustrates the resilience of the union since its formation 74 years ago. Before privatisation, MUZ represented close to 60,000 workers. Today, eight unions represent just above 20,000 direct workers in the mining industry. The decline in union membership reflects the mass retrenchments and the contractualisation of labour by the new companies. Legal bans on strikes continue to be another challenge. I am happy to report here that MUZ has been able to withstand these pressures and continues to be a revolutionary mouthpiece for miners in Zambia,” Mr. Chewe said.

“This conference is being held at a time when the future of trade unions is threatened by the digitalisation of the workplace. Digitalisation refers to the advancements in technologies, mining methods, mechanisation, and automation of the production process which have implied less and less demand for labour. Related to this, is capitalist greed, the need to maximise profits and minimise losses at all costs. Today mining companies use the retrenchment of labour as their first response to global price fluctuations which has led to the decline of the number of directly employed miners by over 60 percent since 2000.”

“In addition, the new mines avoid labour costs through outsourcing and subcontracting to companies at abnormally low costs making it difficult for them to survive and later on to provide decent wages and working conditions for their workers. In the context of high unemployment and labour surplus people are prepared to work for almost nothing as long as they can provide a meal for their families. The low demand for labour, mass retrenchments and subcontracting all reduce union membership and hence threaten the future of unions,” Mr. Chewe said.

He said the threats trade unions are facing require a radical transformation, new ways of mobilising, financing and sustaining the unions beyond the traditional.

“These threats require a radical transformation in our thinking, and new ways of mobilising, financing and sustaining the unions beyond the traditional 20th-century ways of doing things. The world of work has changed. It is time for the unions to do so. The time is now. This conference provides us with an opportunity to reflect and plan on how MUZ responds to these challenges in the years ahead of us. In doing this, let us not forget the guiding principle of trade unionism-divided we fall, united we stand; an injury to one is an injury to all,” he said.

Meanwhile, Mr. Chewe said MUZ works with the government of the day in a bid to improve the welfare of workers.

“Let me now turn to how MUZ is positioning itself with the new dawn government’s mining policies. Our duty is to maximise benefits for our members, protect their jobs, and defend their rights. In doing so, however, our approach is premised on working with the government of the day. This involves striking a balance between demands for improved wages and working conditions, the safety of workers, industrial harmony and supporting national development in our engagement with capital. This is important because mining remains a central pillar of Zambia’s economy accounting for over 70 percent of foreign exchange earnings, over 20 percent of GDP and government revenues. The current stabilisation of the kwacha is largely on account of increased forex from copper in the existing high demand and global copper prices. As the global economy transitions to electric cars, the Zambian copper mines will become even more important,” he said.

Mr. Chewe added that MUZ supports the New Dawn government’s ambition to increase production from the current 800,000 metric tonnes to over 3 million metric tonnes by 2030.

“Our role will be to ensure that increased copper production is not achieved at the expense of workers in terms of wages, working conditions and job security. We specifically call upon the government to put in place a legislation to curtail the rampant subcontracting in the mining sector more generally and specifically for core mining operations such as development and production. Recently, we saw how Lubambe mine turned permanent workers into precarious contractors on low pay lacking pension and union protection. At Lumwana mine sub-contractors such as Kasco, and Avantech are given 6 months contracts making it impossible for them to hire permanent workers, pay them decent wages and provide them with adequate protective clothing (ppe). This ongoing trend since 2000 is undermining the government’s fight against poverty and the decent work agenda promoted by the international labour organisation,” he said.

“Beyond the copper mines, MUZ supports the exploration of other minerals such as gold, manganese, emeralds, uranium, the new nickel mine and so forth. In welcoming the government’s pronouncements of creating a conducive environment for foreign direct investments (fdi), we urge the government to increase shareholding in existing mines to at least 50 percent or to allow Zambians to own shares in these companies through the Lusaka stock exchange. Local ownership is important given existing revelations which show how some foreign companies deployed doggy and shady business practices to avoid taxes and deny Zambians benefits from mining,” he concluded.

Man drowns in Kafue River as he saves wife, daughter

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A 36-year-old man of Shimwando fishing camp area in Chief Mukobela’s Chiefdom of Namwala District has drowned in the Kafue river when the boat he was in capsized.

Southern Province Deputy Police Commissioner, Moono Namalongo confirmed the development of ZANIS in Namwala district today.

Mr Namalongo said the deceased was in the company of his wife, Margaret Bwalya aged 29 years and his three-year-old daughter.

Police said the deceased managed to retrieve the wife after the boat capsized and took her to the river bank, and went back to get his daughter who was on the boat but in the process lost strength and drowned.

The commissioner said another fisherman who spotted them quickly, paddled to the scene and retrieved the daughter but could not save the deceased as he had already drowned.

“Fortunately, a fisherman who was around that area, Davy Kambotwe aged 57 years of Maiya Village managed to retrieve the daughter from the boat and later retrieved the body of the deceased,” said Mr Namalongo.

He added that Namwala Police who rushed at the scene suspected no foul play in the incident.

The body of the deceased is lying in Namwala District Hospital awaiting burial.

Shortage of Drugs in Hospitals is unacceptable – President Hichilema

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President Hakainde Hichilema says it is unacceptable to have shortage of drugs in hospitals when money meant to procure drugs is lying in the bank.

President Hichilema attributed the current drug shortages in some hospitals to poor management by those responsible as government has already provided funds for procurement of drugs.

And President Hichilema is displeased with the poor state of Kitwe Teaching Hospital.

Speaking in Kitwe yesterday when he toured Kitwe Teaching Hospital, President Hichilema said it was unacceptable for the hospital to be lacking basic medical equipment and beds which do not even cost much.

He has since directed Copperbelt Medical Officer, Charles Mwinuna and Kitwe Teaching Hospital management to present to his office a checklist of the areas that urgently need attention so that they can be addressed.

“We have heard all the challenges that you have presented and we are going to address them, we will fix them, we are are here to work for you,” he said.

Earlier, Kitwe Teaching Hospital Medical Superintendent, Albidan Chansa said the Hospital has only one emergency operating room shared for all medical specialties which makes it difficult to attend to emergency cases.

Dr Chansa also stated that the hospital roof is damaged while the hospital structure base pipes are corroded.

He however thanked government for releasing money for the overhauling of the water and sewer system.

“We are grateful to your government for providing the funds for the project to overhaul the water and sewer system and we have received K2.3 million, we also have a challenge with the maternity room as we have only one maternity room and sometimes we get overwhelmed so we just put mattresses on the floor for some patients,” he said.

And Dr Chansa requested for increased funding to Kitwe Teaching Hospital which he said was receiving as many people as 800 in a day.

President Hakainde Hichilema is on a two day working visit on the Copperbelt where he is touring developmental projects.

Interim Zesco United Coach Demands Better From His Bruised Charges

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Zesco United interim coach Alfred Lupiya has demand improvement and more commitment from his players.

Zesco have not won in their last five consecutive games in all competition with their elimination from the CAF Confederation Cup leading to the dismissal of coach Mumamba Numba.

After Wednesday’s 2-1 loss to Napsa Stars in the away league match in Lusaka, Lupiya said Zesco players must change their altitude toward work.

He said players input is key to improving the team’s performance.

“When I joined the team from Swaziland, I told my players to pull up their socks,” Lupiya said.

“I don’t think the coaches were really to blame. Maybe the players should pull up their socks as well. Those are the guys who play so they need to pull up their socks,” he said.

Lupiya has inherited a Zesco side placed 13th on the FAZ Super Division table with nine points in seven matches.

“I need total commitment. I will try and work on their altitude to work,” he said.

DEC detains former Presidential Press Aide, Amos Chanda

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The Drug Enforcement Commission (DEC) through its Anti-Money Laundering Investigations Unit (AMLIU) has arrested former Presidential Press Aide, Amos Chanda for Theft of a court record and Destroying evidence contrary to the laws of Zambia.

According to a statement issued by DEC Public Relations Officer Hussein Khan, Mr Chanda aged 50 of house number 67 Elm Road, Woodlands in Lusaka, jointly and whilst acting together with other persons unknown on dates unknown but between 12th May, 2020 and 1st October, 2022 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia did steal the court record in which he was the third accused person with Walid El Nahas and Zindaba Soko in which matter the Director of Public Prosecutions entered a Nolle Prosequi on 12th May, 2020.

Mr Chanda later burnt the said court record which was the property of the Government of the Republic of Zambia.

He has been detained in lawful custody and will appear in court soon.

In another incident, the Commission through its Anti-Money Laundering Investigations Unit has also formally arrested and charged Racheal Mupanga a former Principal Emergency Responding Officer at the Disaster Management and Mitigation Unit (DMMU) for Possession of property suspected of being proceeds of crime and Money laundering contrary to the Laws of Zambia.

Brief facts of the matter are that Mupanga, a female aged 35 years of Chalala area in Lusaka, on dates unknown but between 20th July, 2021 and 30th September, 2021 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia did possess property suspected of being proceeds of crime namely; a house in Chalala which she purchased at K550, 000 and a motor vehicle a Nissan Murano at K150, 000.

She paid cash for the said properties and they have since been seized.

Ms Mupanga has been released on bond and will appear in court soon.

By Elections for Set for tomorrow as President Hichilema Woos Kwacha voters

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President Hakainde Hichilema has concluded his campaign tour in Kwacha Constituency ahead of tomorrow’s parliamentary by- election. Mr Hichilema’s chopper left Kitwe for Simon Mwansa International Airport at 16:48 hours.

Earlier, President Hichilema in the company of several ministers and senior United Party for National Development (UPND) members held a road show in Kwacha Constituency where he appealed to people to vote for the UPND candidate, Charles Mulenga.

Mr Hichilema assured the people of Kwacha of massive development if they vote for Mr Mulenga.

President Hichilema who acknowledged the challenges of the residents of kwacha that include poor water reticulation and leaking sewer pipes, said his government will address their challenges.

He said his government remains resolute to work for the people of Zambia as demonstrated through the many development achievements already scored so far.

The people of Kwacha Constituency tomorrow will be voting for a member of Parliament.

The seat fell vacant after the court nullified the election of Joseph Malanji

Meanwhile, President Hakainde Hichilema has concluded his two-day working visit to the Copperbelt province.

President Hichilema whilst on the Copperbelt toured Kitwe Teaching Hospital to understand the challenges the health facility was faced with.

Earlier, the President visited the Copperbelt and Mukuba Universities where he inspected student hostels under construction.

President Hichilema was accompanied by Minister of Information and Media, Chushi Kasanda.

He was seen off at Simon Mwansa Kapwepwe International airport by Copperbelt Minister, Elisha Matambo and other senior government officials.

Government will tackle university, college accommodation challenges-HH

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President Hakainde Hichilema has re-assured students in institutions of higher learning that his government is committed to resolve their challenges.

President Hichilema says the challenges being faced by institutions of higher learning will be dismantled as a package until sanity is restored.

He made the assurance at the Copperbelt University (CBU) grounds in Kitwe where he met students from CBU and Mukuba University who had gone to welcome him at the institution where he held a series of meetings with different stakeholders.

The Head of State said his administration has already addressed the issue of meal allowances which had been the cry of students from the time the allowances were scrapped off by the previous regime.

He said the next item on the agenda is to tackle the matter of accommodation in colleges and universities.

President Hichilema, who thanked the student populace for the overwhelming votes in the August 12, 2021 general elections, added that the government wants to make education as a public good accessible to all.

He said the re-introduction of the free education policy from early childhood to grade 12 creates a very solid foundation that allows every child to stand firm and claim education as their basic right.

Earlier, Copperbelt University Students’ Union (COBUSU) interim president, Matakala Matakala, said the shortage of accommodation in institutions of higher learning needed urgent attention.

Mr. Matakala thanked President Hichilema for having made sure that meal allowances are re-introduced as promised when he was in the opposition.

And Mr. Matakala said CBU needs a facelift adding that the government should also address the issue of water and sanitation at the institution.

President Hichilema is in the Copperbelt Province for a two-day working visit.

Kalunga launches Public Private Dialogue Forum communication strategies

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Information and Media Permanent Secretary, Kennedy Kalunga, has today launched the Public Private Dialogue Forum (PPDF) communication strategy that will increase knowledge and awareness about the operations of various organisations.

During the event in Lusaka, Mr. Kalunga underscored the critical role that information dissemination plays in creating awareness among various institutions in the country.

He observed that the PPDF communication strategy will introduce a new practice in enhancing service delivery in various institutions.

Mr. Kalunga further said the communication strategy will change the traditional way which clients used to conduct business. He said there is, therefore, need to migrate from a physical to online application for efficient service delivery.

“A communication strategy is used for advocacy to partners and decision-makers to offer institutional support needed for an organisation to enhance policy implementation, thereby promoting business activities for Zambians,” he said.

Mr. Kalunga also explained that the PPDF is an important vehicle for economic development as it provides a structured, participatory and inclusive platform for public-private sector engagement on policy matters.

And PPDF Communication and Partnerships Director, Jacqueline Chishimba, said the communication strategy will cut across all sectors of the economy in boosting business and the job creation crusade which government has embarked on.

Ms. Chishimba added that the strategy’s main objective is to identify and address bottlenecks that impede economic growth and job creation in the country.

She further said the PPDF communication strategy also aims at packaging information and disseminating it to both public and private sectors regarding best business practices in the country.

“This communication strategy is aimed at incorporating every entrepreneur at every stage to understand the business environment and how best to change the narrative in coming up with business ventures,” she said.

The PPDF is at a build up stage where it is issuing questionnaires to stakeholders such as media personal and business people among others before its implementation.

Soldiers, bank partner to combat climate change

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The Zambia Army and Standard Chartered Bank have partnered to fight deforestation and to protect the environment through planting trees.

Zambia Army and the bank today planted 100 fruit trees near the Zambia Army Chapel in Lusaka’s Arakan Barracks.

Zambia Army Commander, Sitali Alibuzwi, said climate change has caused serious environmental degradation which has in turn impacted negatively on efforts toward sustainable economic development.

Lieutenant General Alibuzwi said efforts to improve afforestation should therefore be promoted among all Zambians.

He said Zambia Army desires that the tree planting initiative is extended to all its military cantonments so that the men and women in uniform are made aware of the need to preserve the environment.

And Standard Chartered Bank Chief Executive Officer, Sonny Zulu, observed that deforestation is one of the major climate change challenges which Zambia is facing today.

Mr. Zulu said tree planting should be an ongoing process which is aimed at replacing those that are being cut every day.

He has since called on all Zambians to play a role in securing the future of the planet for the generations to come.

He said the bank was happy to partner with the Zambia Army in the important and noble exercise of planting trees.

Mr. Zulu disclosed that Standard Chartered Bank has targeted to plant at least 3,500 trees in 2022 alone.

Meanwhile, Standard Chartered Associate Director for Brand and Marketing, Kwale Luputa, said the bank is encouraging its employees to plant at least one tree every year.

Mr. Luputa said the bank spent K15, 000 in the tree planting exercise adding that it is ongoing.

According to the Global Forest Watch, Zambia lost 163,000 hactares of tree cover in 2020, which is equivalent to 59.7 metric tonnes of carbon dioxide emissions.

There’s A Crisis In The Entire Legal System – Musumali

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Socialist Party (SP) Vice President Cosmas Musumali says the country’s entire legal system is in a crisis because of the lacunas in the constitution, especially regarding the laws in line with the conducting of elections.

Mr Musumali stated that the happenings in both Kwacha and Kabushi constituencies have huge consequences that are painting a terrible picture on Zambian Democracy.

“Our support is to the democratic principles that ought to be respected, that’s where our support is and this case for the By-Elections in Kwacha Constituency and Kabushi Constituency it so happens that in our analysis long before all these issues and cases went before the Court, there was injustice that we are not going to be part of,” he stated

Mr Musumali noted that the laws and constitution leave a lot of gaps but on the other hand there is no law that is perfect in the sense that it doesn’t leave some issues hanging, its now the issue if interpretation and that’s where it is failing because even in the interpretation from the judiciary point of view which is a highly politicized judiciary then there will always be problems like the one being faced today.

He added that the country has a judiciary that cannot be cited as being fair, impartial and that’s one of the problems, as we also have political process and political parties that are going in and don’t want to lose elections at any cost as they are ready destroy the whole legal framework of the country for the sake of winning elections.

Mr Musumali disclosed that again, Lawyers are saying that this issue is still before the High Court and they can’t proceed with the elections if this issue is still before the High Court as it is contempt of court, if this goes ahead it sets a precedent that in future it’s going to destabilize the whole electoral process and the entire management of how elections are managed in Zambia.

“This is a red line that should not have been crossed, for it has consequences for the future and it’s also about the voters and Zambian citizens as a lot of them feel like they are being denied their choice,” he said

“So, here is a situation where even the Constitution Court is not unison and agreeable, not everyone there agrees that this is the best way to move, we have some of our best constitutional lawyers who are saying this is a disaster, we also have people on the ground that are questioning what is happening as they are confused and if you ask a lot of Zambians just not on the Copperbelt but any other province if they understand what is going on the answer is no, they are confused and don’t know understand that,” he explained

He said that tomorrow or even today, if one of the candidates decides to write to the Electoral Commission of Zambia (ECZ) stating that they want to withdraw and ten days later the same candidate shows up to say they have receded their decision, this is chaos, which is setting a precedent that is going to cause havoc in the country, as it is wrong from whichever angle one looks at from.

“How many times can you withdraw and still come back, there’s no law that talks about that, even the law on withdrawing is not as clear and that’s where the problem comes in, our law itself has a lot of lacunas, gaps and the interpretations are so diverse that we find even the Constitutional Court is not interpreting using one line because if you get two or three members of the Constitutional Court they will be one who will see the situation very differently and we have seen that over the past weeks,” he said

Mr Musumali mentioned that their party did not file in any candidate to contest in both in Kwacha and Kabushi Constituencies because they are not opportunists.

“If we were opportunistic, we were going to stand on this injustice that was there but we didn’t take that move so even today we still feel if something is wrong, it remains wrong,” Mr Musumali mentioned

Kabushi and Kwacha By- Elections Are Being Held Under Article 57(1) and not Article 52(6)

22

By Mcdonald Chipenzi
I have been overwhelmed with calls and inbox texties on what is my view on the recent Concourt ruling on Kabushi and Kwacha. I had tried to resist the temptations to give my views before reading the full judgement.

However, the pieces of the judgement i have gathered so far, this is what i make of it. I think the Concourt’s talk about elections being held beyond 90 days wss in reference to an election held under Article 52(6) which was the subject of interpretation and not under art 57(1). ARTICLE 57(1) was not under interpretation underwhich the current by-elections have been called on. The only reference to ARTICLE 57(1) in the petition was on the call on the Court to order ECZ to cancel the by-elections, call for new nominations and hold the new elections under ARTICLE 52(6) read together with Article 57(1).

With the COURT not granting that wish from the petitioners, it goes without any argument that the by-elections called by the ECZ under ARTICLE 57(1) not under ARTICLE 52(6) stand intact and follows the demands of this Article. The demand of this Article is the guidance that *Where a vacancy occurs in the office of Member of Parliament [Kabushi and Kwacha in this case], mayor, council chairperson or councillor, a by-election SHALL be HELD WITHIN ninety days of the occurrence of the vacancy. Note the use of the mandatory word SHALL and also *Constitutional Marginal Note: By-election on ARTICLE 57(1). Article 57 (3) further empowers that The Electoral Commission shall, by* *regulation, set the place*where, and the date and time when, a by-election is to be held* but within 90 days.

To this effect, those who were duly rejected were pushing an agenda that the ECZ holds the Kabushi and Kwacha by-elections under Article 52(6) using the puppeted “resignations” of some independent candidates and the court earlier ruling starting that the duly rejected were eligible. However, this seems to have failed through the recent Concourt ruling that declined to give relief to the petitioners of cancelling the by-elections called under ARTICLE 57(1) so that they are held under ARTICLE 52(6). Had this petition succeeded, it would have meant strictly heeding to its demands which are calling for FRESH NOMINATIONS due to death, resignation and disqualification of a duly nominated candidate and this death, resignation and disqualification occured after the close of nominations and before the election date. This would also entail holding FRESH by- elections within 30 days of the filing of fresh nominations but now under ARTICLE 52(6).

Ideally, this whole new process that could have been triggered by the judgement was supposed to done within 30 days before the new set election date by the ECZ. However, in my view, the reasoning of the Concourt majority rule is that elections held under circumstances occasioned by ARTICLE 52(6) can’t respect the 90 days period rule prescribed under ARTICLE 57(1) as this may be impractically impossible.

The impossibility arise from the fact a candidate can resign, and die even 7 days or less to the election late as no one has no control of such happenings. Resignation and death cannot be controlled though resignation can be managed through the maturity of the contestants. ARTICLE 52(6) is only fit for a disqualification since the COURT is given a timeframe of 28 days (7 days lodgement of petition and 21 for hearing of petition) in which hear the petition which days fall within the 90 days.

UNDER this proviso,[ARTICLE 52(6) the ECZ will still have to cancel the election, call for fresh nominations, set new election date and hold the new elections if a candidate resigns or dies a few days to the elections which can be held after the original election set date UNDER ARTICLE 57(1). With this understanding, the guidance from and by the COURT on the by-elections held under ARTICLE 52(6) that they can be HELD beyond the within 90 day-period is *very correct* in my view.

The by-elections can be held beyond the within 90 day period stipulated under ARTICLE 57(1). However, context must be emphasised that it is for election held under the provision of ARTICLE 52(6) not Article 57(1). Actually, strictly speaking Article 52(6) talks about within 30 days and therefore an election held UNDER this Article have a high chance of being held beyond the within 30 day timeframe provided in ARTICLE 52(6) to the set date for election. Further scan of this ARTICLE 52(6) reveals that actually such an election envisaged to be held UNDER this Article cannot in fact be held if contested by manipulative candidates who can be resigning in successions before the the election date.

Therefore, coming to KWACHA and Kabushi by-elections which is the subject, the by-elections for Kabushi and Kwacha were called to be held and will be held under ARTICLE 57(1).
This Article demands that any casual vacancy in the office of the MP must be filed within 90 days through a by-election to be held WITHIN 90 days. This within 90 day timeframe provided under the ARTICLE cant be extended by either ECZ or the Court unless disrupted by ARTICLE 52(6) or amendment to the Constitution.

Any extension or disregard of this timeframe enshrined in the Constitution by any organ of the state would have offended Article 1(2),(3) and (4) of the Constitution which states;

Clause (2) stresses that An act or omission that contravenes this Constitution is illegal
Clause (3) guides that *This Constitution shall bind all persons in Zambia, State organs and State institutions* and,
Clause (4) cautions that *The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum*

As it is now, ARTICLE 52(6) has not disrupted the nomination process held on 25 August 2022 and conducted by the ECZ and also the by-elections that were supposed to have been held on 15 September 2022.

The only disruption was to the election process which is done by the HIGH COURT decision to suspend the holding of by-elections temporarily which decision was later challenged by the decision of the COURT OF APPEAL. In this regard, the by-elections in KABUSHI AND KWACHA must be held WITHIN 90 days without fail as demanded by ARTICLE 57(1) that triggered THEIR being.

In my view, *ECZ is on terra femme ground to set the new date of 21 October which falls within 90 days because there is no court that has cancelled the nominations held on 25 August, campaigns that started on 25 August and later on the by-elections themselves.*