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Government has disbursed full grants for free education to schools

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Finance and National Planning Minister Dr Situmbeko Musokotwane says the release of K442.2 million to all schools, marks the final grant allocation under the free education programme and is a promise kept.

Following the Government’s decision, in October 2021, to provide free education from early childhood to secondary school level, all public schools have been receiving quarterly grants from the Treasury.

These grants are remitted within the first two weeks of the beginning of each quarter to ensure the smooth operation of schools, country-wide.

Dr Musokotwane affirms that with the release of the K442.2 million 4th quarter grants, the entire 2022 budget allocation of K1.8 billion targeted at school grants, has now been disbursed.

“The first quarter disbursement amounting to K323.8 million was released on 2nd January 2022; second quarter disbursement amounting to K398 million on 5th April 2022; third quarter disbursement amounting to K611.4 million on 13th July 2022, and the final disbursement for the year amounting to K442.4 million on Friday, 14th October 2022,” confirmed Dr. Musokotwane, adding that, “this was the final disbursement for 2022 under the free education school grants programme.”

The Minister has directed relevant officials in the Ministry of Finance and National Planning to ensure that all schools directly received their respective grants within the course of the week to ensure smooth operations.

“The Ministry of Finance and National Planning takes this opportunity to inform the public that the budget for administrative matters and for conducting examinations is provided separately from the school grants under the free education policy. Funds for examinations are channeled directly to the Examination Council of Zambia (ECZ), and not to individual schools. In this regard, the entire 2022 budget allocation for the administration and conducting of examinations, totaling K60.5 million, was disbursed to the ECZ in July 2022, to allow for ample time to prepare materials and logistical requirements for primary and secondary examinations,” a statement read.

Government has funded all schools this term – Kawana

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Ministry of Information and Media, Director-Spokesperson Thabo Kawana has dismissed assertions that the government has failed to release grants for secondary and primary schools for term three.

Mr Kawana said contrary to PF Media Director Antonio Mwanza’s assertions, all government schools have been fully funded. He said it is wrong for the opposition PF to insinuate that the government has failed to fund schools when all secondary and primary schools have been fully funded.

Reacting to the PF Media Director’s assertions that government has no money to fund schools, Mr Kawana said to the contrary schools were funded even before they opened for term three.

Mr Kawana further disclosed that the government deposited funds in school accounts across the country before the opening of term three.

“We want to make clear that all schools in Zambia have been funded grants for term three as matter-of-fact grants were in school accounts before term three opened,” he said.

The government is currently disbursing grants to schools for quarter four which begins in October.

Mr Kawana said the government was aware when it asked its people not to pay for exam fees that it was going to pay on behalf of its people.

And commenting on examinations, Mr Kawana said school grants have nothing to do with the managing of examinations.

He pointed out that examinations are run by the Examination Council of Zambia (ECZ) and not what has been reported by the opposition PF.

Mr Kawana disclosed during the same briefing that the ECZ has been funded fully so as to ensure that exams run smoothly.

ECZ is ready to conduct exams as it has been funded in full, he said.

Mr Kawana further indicated that for the first time ECZ has disbursed to every district K 40, 000 for the purpose of monitoring and conducting examinations.

Provinces have also been given a sum of K 80, 000 for monitoring and conducting exams.

” The insinuation by PF that the government has failed to administer exams is baseless as it lacks substance and truth.

” The statement issued by PF is as a result of the post-stress disorder after losing the August 12, 2021, general elections, ” said Mr. Kawana.

Mr Kawana wondered why PF has continued to hallucinate things which are not in existence.

And commenting on news that went viral over the weekend alleging that government has sold tollgates, Mr Kawana said it was not true that government has sold tollgates.

Mr Kawana said the statement of tollgates being sold can only be made by a person suffering from post-traumatic stress disorder.

Understanding Constitutional Court Judgment On Kabushi And Kwacha Constituencies

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By Isaac Mwanza

THE Constitutional Court, by a majority judgment determined that the Electoral Commission of Zambia had not breached the Constitution when it failed to cancel an election and call for fresh nominations after two independent candidates resigned because the Commission was respecting the High Court Order which suspended elections in Kabushi and Kwacha constituencies.

The reasoning by the majority was that immediately the High Court made an order to suspend the election from taking place in Kwacha and Kabushi Constituency, ECZ could do nothing pertaining to that election in Kabushi and Kwacha Constituency.

The order to suspend elections in Kwacha and Kabushi Constituency still remain in place.

The finding by the Constitutional Court is that ECZ has no optional but to respect the Court Order, and do nothing with the Kabushi and Kwacha by-election until the High Court Order is removed. The High Court Order can only be lifted by the High Court itself.

The Court also made a finding that contrary to what we the petitioners submitted, which is what ECZ also believed, by-elections can take place at any time outside the 90 days timeframe provided by the Constitution. Court is simply echoing that 90 days can be extended by Article 52(6) of the Constitution when the two provisions are read together.

The meaning of this finding is that if the High Court and the Court of Appeal Orders are lifted when 90 days is over, the Commission can still hold a by-election outside the 90 days and the election will still be legal.

The Court also refused to grant us the relief to order the Commission to cancel the election and call for fresh nominations because, as earlier held, nothing cam be done by ECZ to an election which has been stayed by the Court. The relief thus failed.

The Court also refused to declare that election held on the basis of nominations conducted on the 25th August, 2022 would be unconstitutional, which is what was prayed. Immediately, the Court ruled that the election was and remain suspended by the High Court stay, all other reliefs that we prayed for fell off.

In short, the Constitutional Court has simply affirmed the suspension of elections in Kabushi and Kwacha has tied the hands of the Commission.

They cannot do anything and any alleged omission cannot stand because ECZ is under an obligation to respect the stay that was granted by the High Court.

There is thus no basis for ECZ to be expected to do an action in relation to the Kabushi and Kwacha Parliamentary by election until a stay has been removed by the High Court. The High Court cannot do anything, remove or not remove the stay, because its proceedings have been stopped by the Court of Appeal. This is where we are.

The Constitutional Court has not given authority to the Commission to go ahead and conduct elections in Kabushi and Kwacha.

The confusion going on among members of the public can be understood because the Court leaves the media to intepret its decisions. In South Africa, the Constitutional Court usually issues a brief to explain its decisions so that everyone who was not in court can be on the same page.

Scrap off national day of prayers; it’s hypocritical, a drain on the economy!

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By Prince Bill M. Kaping’a Political/Social Analyst

Once again, Tuesday to be precise, folks will be turning up at the Showgrounds in the nation’s capital and indeed other locations around the country to commemorate the so-called national day of prayers, repentance and reconciliation. As usual, we shall be treated to spectacles of sprit-filled adherents ‘yelling out’ memorized prayers, rendition of scriptures by the papas…….and of course, flowery speeches from the politicians as a phalanx of TV and radio reporters and photojournalists jostle around for vantage positions on the podium.

Is it really necessary to stretch ourselves to extremes to prove that we are indeed a prayerful people? Mathew 6:5 puts it clear, “When you pray, do not be like the hypocrites who love to pray publicly on street corners where everyone can see them. I tell you the truth, that is all the reward they will ever get.” Do we then still have to be stiff necked and keep on entertaining such a charade? Who’s fooling who?

Anyway…..before the naïve and gullible ones gather the first rocks and stone us or find sjamboks to lynch us; we’ve a few important questions that require immediate answers! How has the declaration of the ‘national day of prayers,’ impacted our lives, particularly the usual suspects – the politicians? If we may call a spade a spade; during the last 7 years of PF in power, we were able to witness how our leaders engaged in the most ‘ungodly’ acts parallel to Sodom and Gomorrah even as they encouraged us to close our eyes and pray. The list of their transgressions is endless – they dipped their dirty paws in the kitty for their selfish benefit; they wantonly nurtured the bitter seed of polarization for political expediency; they unleashed mayhem and havoc against citizens using the police and party cadres – including gassing them during their sleep; they were quick to condemn civil servants to squalor and poverty for belonging to what they considered as ‘wrong’ tribes; they enjoyed life of splendor and opulence as the majority of our people wallowed in abject poverty, and haboured corrosive hatred for their opponents to the extent of referring to them as cows!

What’s so Christian about such awful conduct?

Our biggest problem as Africans is our tendency to always hide our inability or shortcomings in prayer! Even as a raging infernal threatens to engulf the entire building, we’d rather kneel down in total supplication as opposed to springing into action to douse the flames. Doesn’t Ecclesiastes remind us that there’s a time for everything? Those resources that will be going up in flames in terms of allowances, time, fuel and other logistics on Tuesday would produce sterling results if put to better use. Imagine if all of us ganged up to clean our communities and plant trees; wouldn’t our country be better than Rwanda? Imagine if we discarded our suits or designer labels for a while and put our hands on the deck, wouldn’t our country be transformed into the bread basket of the region? Imagine if we put our heads together to interrogate the conundrum of youth unemployment, would our youths still be languishing with joblessness?

Let us stop deceiving ourselves with the notion that if abdicate our responsibilities and keep on praying unceasingly, then boom – 3 square meals a day for everyone, jobs galore for our youth while horrific crime will be reduced to zero! Wake up man, it doesn’t work like that!

The New Dawn Administration is better off concentrating on its core mandate of delivering goods and services to our people like they are already doing than sticking a thumb in religion. If you are still insisting status quo remains intact, aren’t we willfully contradicting with what the Bible teaches in Mark 12:17, “Well then,” Jesus said, “give to Caeser what belongs to Caeser, and give to God what belongs to God.”

If any of us have sinned or indeed injured others in any way, the best venue to pray and repent or indeed seek reconciliation isn’t the stadium, but the temple! Mulekutika? You can’t police people to pray lest you’ll be mocking God! As a matter of fact, most civil servants that would pitch up for such prayers, especially in the previous regime, didn’t go there with pure hearts since they were coerced in doing so. Immediately these prayers were done, you’d see senior government and party officials dashing to the pubs to ‘quench’ their throats.

Government must just be bold enough to scrap off this bogus and otherwise tax consuming activity. Why must we make it mandatory for people to turn up for prayers when they are already doing so on other days of the week, January to December? Equally, the clergy mustn’t just be quick to condemn or judge the state over such matters, but endeavor to do what is right even at the risk of foregoing any fringe benefits.

A Ndola Chinese businessman found dead in his apartment at Dola Hill Mall

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A Chinese business man in Ndola on the Copperbelt Province has been found dead in his apartment at Dola Hill Mall in unclear circumstances.

According to Copperbelt Police Commanding Officer, Sharon Zulu, the incident happened on Saturday, October 1, 2022 at Dola Hill Mall residential area between 16 and 20 hours.

Ms. Zulu says police have instituted investigations in the matter. She said in a statement that Gao Tongrong, 47 a Chinese national and proprietor of Dola Hill Mall reported the death of Liu Zhen, 35 also a Chinese national who died suddenly in his room.

Ms Zulu said Mr. Liu who was in the business of slot machines locally known as bonanzas started his day by going around his business centre to collect the money which he successfully did and returned to his residence at Dola hill around 15:30 hours.

Ms Zulu added that upon returning, Mr Liu got all his money which was packed in small bags and took them in his room with the help of a maid and that after he entered his room, Mr Liu never came out.

She explained that when his neighbour noticed that the keys to his door were outside, he tried to call but the call went unanswered and that upon opening the room, Mr. Liu was found lying unconscious and efforts to resuscitate him were not successful.

“The body of the deceased was later rushed to Maryberg Hospital where it was confirmed that he was dead. Later the body was referred to Ndola Teaching Hospital Mortuary where it was deposited until on Sunday in the morning when it was moved to Saint Ann Funeral Parlor where it has been kept awaiting postmortem and arrival of the family members from China,” she said.

Ms Zulu noted that when police officers visited St. Ann mortuary and inspected the body, no physical injuries were observed apart from it turning reddish on the face and on the back.

She added that police officers from scenes of crime visited the crime scene and observed that the deceased used to live alone in a room in an apartment.

“And the apartment has CCTV and the footage was watched to appreciate the activities of the previous day and it was observed that the deceased went to his room around 16:00 hours.

Ms. Zulu added that Mr. Liu took all his belongings inside the room with the help of the maid, however, when he got his last parcel he closed the door and never came out, “Ms Zulu said.

She said apart from the late Chinese national who was discovered unconscious, everything in the room including money was intact and that no struggling marks were seen.

Ms Zulu however revealed that during interviews, Mr. Liu’s colleagues indicated that the deceased was a blood pressure patient and that he was on medication for the same condition.

She said police have since instructed St. Ann mortuary management not to allow anyone to take the body of the deceased before police could arrange for a postmortem which will be conducted once the relatives of the deceased arrive in Zambia.

Chingola’s Chiwempala market gutted.

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An inferno has swept through Chiwempala market in Chingola district destroying over 9 wooden make shifts and two storage containers.

ZANIS reports that Copperbelt province Commanding officer Sharon Zulu disclosed in a statement on Monday that a report was made by 41-year John Chongo a businessman of the said market that fire had swept through the market around 03:00 hours on Monday.

Ms. Zulu said the fire swept through a portion of about nine wooden makeshift shops and two storage containers of cement burning into ashes.

She said Police visited the scene and confirmed the report.

By the time the fire brigade from Konkola Copper Mine (KCM) rushed to scene to put off the fire, everything property was burnt to ashes.

The cause of fire and value of properties damaged is not yet known.

Ms. Zulu indicated that that Investigations to ascertain the cause of the fire have been launched.

Ndola’s Kaloko Township Wonan on the Copperbelt Province gives birth to Quadruplets

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A 29-year-old woman of Ndola’s Kaloko Township on the Copperbelt Province has given birth to Quadruplets (four babies) at Ndola Teaching Hospital.

According to the Ndola Teaching Hospital Public Relations Unit, Tabitha Mwamba delivered the Quadruplets via C/serian section between 10:12 and 10:15 hours.

They are three girls and a boy.

This was Mrs. Mwamba’s third pregnancy and she has two other children.

“Ndola Teaching Hospital is delighted to announce that it has successfully delivered four Quadruplets via C/serian section from 29 old Tabitha Mwamba a Resident of Kaloko,” the hospital said.

1st baby, female delivered at 10:12 wt 1.6kg
2nd baby, a female delivered at 10:13 wt 1.8kg
3rd baby, female delivered at 10:14 wt 1.5kg
4th baby, male delivered at 10:15 wt 1.4kg

“I have two other children whom I gave birth to and this is my third pregnancy I am very happy despite not knowing I was going to give birth to four babies my biggest worry now is how I will be able to take care of four more children my husband and I do not work such that even taking care of the two other children is a challenge if they are people out there that can come in and help us with anything I will appreciate,” Mrs. Mwamba said.

The operation crew was led by surgeon Dr. Clement Phiri, assistant surgeon Dr. Muziamona, scrub nurse Rebecca Mwenya
and midwife C. Mwansa.

Meanwhile, this news has gone viral on social media with people praying the mother and the hospital for the successful delivery of four babies.

“Well done to the entire crew. Seasoned Midwife receiving quadruplets, precious but premature babies in a space of a minute each. Intelligence and experience at work. Proud of you Cynthia Mwansa. Salute you,” Matilda Somanje wrote on Facebook.

“Congratulations Mr and Mrs Mwamba,do not worry about taking care of the babies, what’s important is the safe delivery and God takes care of the rest,” Reagan Chaya remarked.

“This boy will great. Even at birth he’s a gentleman and decided to come out last. Well Congratulations to the mother and Good work NTH staff,” Jamie Chileshe commented.

Patience Mutinta added:”Congratulations to the mother for a successful delivery and hats off to the team.”

(Picture by Ndola Teaching Hospital PR Unit)

I left PF last year-Dora Siliya

Dora Siliya has revealed that she is no longer a member of the opposition PF. Ms Siliya disclosed that she left the PF last year following the party’s embarrassing defeat to the UPND in the 2021 general elections.

She tweeted in reaction to some online stories claiming that the PF was dead and she could not cling on to it.

But Ms Siliya described the stories as fake.

“My relationship with PF ended over a year ago. I remain indebted serving the people of Zambia as MP and minister ending with Govt Spokesperson,” she said.

“Consulting my Chiefs in Eastern on future path and will revert soon.”

Ms Siliya was one of the seven PF Members of the Central Committee that were removed from the Committee for failure to exculpate themselves on why they have not been attending statutory meetings and other party activities.

The other members removed are, Dr Chitalu Chilufya, Charles Zulu, Kutemba Konga, Philip Kosamu, Dr Jonas Chanda and Kabinga Pande.

PF Chairperson for Information and Publicity and Member of Central Committee Raphael Nakacinda said in a statement that some members have been removed after failure to attend party activities.

“A few months ago, the Acting Secretariat General, Nixon Chilangwa, on behalf of the Central Committee wrote to several members of the Central Committee to understand why they were not attending statutory meetings or engaging themselves in party activities or assignments, without advancing explanations for their absence, or without tendering notice of regret. In this vein, fifteen members of the Central Committee were affected,” he said.

He said the Secretariat received a satisfactory explanation from four members and the Central Committee accepted and in this vein only 11 MCCs were now affected.

“The Secretariat then wrote to the following requesting for further formal explanation Dora Siliya , Dr Chitalu Chilufya, Charles Zulu, Kutemba Konga, Philip Kosamu, Dr Jonas Chanda, Kabinga Pande, Emireen Kabanshi, Glen Kalimbwe, Vincent Mwale, Nathan Chanda and Francis Musunga,” he said

Mr Nakachinda said the Central Committee then received satisfactory explanations and accepted the reasons of absence from Nathan Chanda, Francis Musunga, Vincent Mwale and Emerine Kabanshi.

“The Central Committee then later proceeded to remove those who didn’t give an explanation or did not provide a response and those affected and have been removed from the Central Committee are Dora Siliya, Dr Chitalu Chilufya, Charles Zulu, Kutemba Konga, Philip Kosamu, Dr. Jonas Chanda and Kabinga Pande,” he said

He added however, that at the last sitting of the Central Committee, Dr Chilufya came to the meeting and stated that he has not been aware of any letter and so his case is therefore under further consideration.

No by-elections in Kabushi, Kwacha on Friday, no fresh nominations either-ConCourt

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The Constitutional Court has recognized that the order by the High Court to stay the elections in Kwacha and Kabushi Constituencies, remains valid.

Delivering the majority and minority judgements recognized that the order to stay the election by the High Court remains in force.

This means that the elections scheduled for Friday will not take place.

On 13th September 2022, The Lusaka High Court granted Bowman Lusambo and Joseph Malanji their application to halt activities relating to the by-elections in Kabushi and Kwacha, pending determination of their matter.

On today, Monday, Justice Ann Sitali , Justice Judith Mulongoti and Justice Mulenga Mungeni delivered judgements on the petition brought to court by Governance activist, Isaac Mwanza and Green Party President, Peter Sinkamba.

In a majority ruling, the Constitutional Court has ruled that there was no need for the ECZ to conduct fresh nominations following the resignations of Alfred Yombo and Lawrence Kasonde in the Kwacha and Kabushi by-elections as the High Court had stayed the elections.

The Concourt stated that there was no breach by ECZ and the call for fresh nominations in light of the order of the High Court to stay the elections.

The Concourt has also declined to order ECZ to order fresh nominations.

The Concourt has also declined to grant orders sought by the petitioners regarding the filing of nominations.

But in the minority judgement, Justice Mungeni Mulenga ruled that the Constitution gives directives in a mandatory manner and that ECZ should have conducted fresh nominations.

She said the resignations by the two contestants required that the elections was cancelled and call for fresh nominations as stipulated in the Constitution were done.

She also castigated the ECZ stated that it was disgraceful for the entity to fail to conduct fresh nominations.

She insisted that the ECZ acted outside the constitution and any election held under these circumstances was illegal.

This is the case in which Green Party President, Peter Sinkamba and Good Governance expert, Isaac Mwanza petitioned the Constitution Court to compel the Electoral Commission of Zambia to call for fresh nominations following the resignation of independent candidates in Kwacha and Kabushi parliamentary by-elections.

On 12th and 13th September 2022, Alfred Yombo and Lawrence Kasonde tendered their resignations in writing as candidates for Kwacha and Kabushi by-elections.

PRO’S HIT LIST: Lubambo Scores in Zambia Reunion

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Lubambo Musonda was the highlight of the weekend in a Zambia reunion in Denmark.

=SERBIA
Midfielder Kings Kangwa was an unused substitute in Red Star Belgrade’s 1-0 away win over Radnicki on Sunday.

=SWITZERLAND
Midfielder Miguel Chaiwa did not make Young Boys away game against FC Zurich that ended scoreless on Sunday.

=CROATIA
Prince Mumba came on in the 71st minute of 10-man Istra’s 2-0 away loss at Osijek on Sunday.

=DENMARK

There was a Zambian reunion on Sunday when Edward Chilufya’s Midtjylland hosted Lubambo Musonda’s Horsens.
Chilufya was an unused sub in Midtjylland’s 2-1 home win over Horsens.
But Lubambo scored Horsen’s consolation goal in the 20th minute to record his third of the season.


=SERBIA

Midfielder Kings Kangwa was an unused substitute in Red Star Belgrade’s 1-0 away win over Radnicki on Sunday.

=SWITZERLAND
Midfielder Miguel Chaiwa did not make Young Boys’ away game against FC Zurich that ended scoreless on Sunday.

=CROATIA
Prince Mumba came on in the 71st minute of 10-man Istra’s 2-0 away loss at Osijek on Sunday.

=DENMARK
There was a Zambian reunion on Sunday when Edward Chilufya’s Midtjylland hosted Lubambo Musonda’s Horsens.
Chilufya was an unused sub in Midtjylland’s 2-1 home win over Horsens.
But Lubambo scored Horsen’s consolation goal in the 20th minute to record his third of the season.

=SWEDEN
Midfielder Emmanuel Banda played the full 90 minutes for Djurgarden in Sunday’s 2-1 home loss to AIK.

=ENGLAND
Striker Patson Daka played the opening 65 minutes of Leicester City’s 0-0 home draw against Crystal Palace on Saturday.

=SCOTLAND
-Rangers: Striker Fashion Sakala was an unused substitute in Sunday’s 2-1 away win over Motherwell.

-Ayr United: Defender Frankie Musonda played the full 90 minutes in the Scottish Championship third placed side’s 2-1 away loss at 4th positioned Dundee FC.

LCC advises vendors in the CBD to comply with waste management conditions put in place

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The Lusaka City Council (LCC) has called on traders located in the Central Business District (CBD) to comply with the waste management companies contracted to collect garbage.

Lusaka City Council Public Relations Manager Chola Mwamba noted in a press statement issued to Lusaka Times that the conditions laid down by the Local Authority to perform its mandate of solid waste management within the CBD done through the contracted companies should be followed by all the traders.

Ms Mwamba added that the Local Authority will not entertain anyone trying to frustrate the works that the waste collection companies are performing because that is the current practice that is giving the Local Authority results to bridge up Council deficiency in the management of solid waste that is generated in the CBD.

“We have in total of 30 zones of vendors in the CBD that is being serviced and managed by the solid waste companies contracted by the Council called Clean Friends(CF),” Ms Mwamba said

She stated that this is done in the efforts to eliminate solid waste generated by vendors which is disposed on the islands of the roads in the CBD, which has lately been accumulating and looking unsightly.

“It is important for the public to know that the City of Lusaka has been demarcated in 24 zones in the conventional areas and we have offered franchise contractors to collect waste as a way of making our operations easy, and these contractors are called waste managers by law stipulated by the Solid Waste Regulation and Management Act no.20 of 2018,” she explained

Ms Mwamba cited that the named contractors are the only ones who are authorised together with the solid waste unit of the Council to collect solid waste and dispose it at the final disposal site where they pay tipping fees.

“Therefore, the Local Authority would like to inform the public that any other company not contracted through this process and is collecting waste, is illegal and can suffer legal implications,” she stated

“Only the contracted companies by Council are by law allowed to collect polluter pay fee from all waste generators in their zones,” she added

She alluded that it is in this respect that ‘Clean Friends’ is allowed to collect polluter pay fees from the vendors who generate waste so that they can manage the same waste.

Ms Mwamba explained that the Council does not levy the vendors, because vending is illegal and they can not levy an illegal business, because it may be perceived as if they have legalised it, by charging a levy, however, the Council only charges a polluter pay fee, which is meant for cleaning and collection of solid waste the vendors generate.

She further explained that the polluter pay fee is done by everyone who generates waste as a response to the law to facilitate solid waste management.

“We also wish to clarify that no individual from bus stations and markets is allowed to collect the polluter pay fee from the vendors,” she said

Ms Mwamba has therefore appealed to the vendors operating in the CBD to cooperate with the undermentioned franchise contractors so that the waste they generate can be properly managed.

Government approves six bills for publication and introduction in Parliament

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The government has deliberated on and approved six (6) Bills for publication and introduction in Parliament in accordance with the government’s transformation agenda.

During the 24th Cabinet Meeting held at State House on 14th October 2022, Chief Government Spokesperson Chushi Kasanda cited that Cabinet has approved the Penal Code (Amendment) Bill, of 2022 for the publication and introduction in Parliament during the current sitting, and the objective of this Bill is to amend the Penal Code so as to replace the death penalty with life imprisonment and repeal the offence of defamation of the President.

Ms Kasanda explained that the Penal Code Act, Chapter 87 of the Laws of Zambia, was enacted in 1930 to establish a code of criminal law and penalties of criminal offences. However, from the time of its enactment, the Penal Code has never been reviewed and it contains archaic provisions including the death penalty and the offence of defamation of the President.

Ms Kasanda mentioned that another Bill that has been approved for publication and introduction in Parliament is the Criminal Procedure Code (Amendment) Bill, of 2022, stating that like the Penal Code (Amendment) Bill, the objectives of the Criminal Procedure Code (Amendment) Bill are to replace the penalty of death with life imprisonment and repeal the penalty for defamation of the President, as the Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, was enacted in 1933 to facilitate the application of the Penal Code, Chapter 87 of the Laws of Zambia, in matters relating to the procedure for criminal cases.

“Similarly, from the time of its enactment, the Criminal Procedure Code has never been reviewed and it also contains archaic provisions, including the death penalty and imprisonment for defamation of the President,” she stated

She added that Cabinet unanimously agreed that in accordance with the principles of the New Dawn Administration, the enactment of the two Bills will greatly promote the right to life as enshrined in the Constitution and that further, in amending the two laws, the Government will ensure that Zambia conforms to international best practice and standards on the right to life and other freedoms.

Ms Kasanda who also the Minister of Information and Media highlighted during the meeting that the Zambia Institute of Banking and Financial Services Bill of 2022, has also been approved, for publication and introduction by Cabinet in Parliament during the current sitting, and the objectives of this Bill are to continue the existence of the Zambia Institute of Banking and Financial Services and provide for its functions which are to provide for the registration of banking and financial services practitioners and regulate their practice and professional conduct and promote the banking and financial services profession.

“Cabinet has recognized that, currently, there is no specific law to regulate the conduct of practitioners in the banking and financial services profession, hence the need for such legislation in the country,” she said

The Minister cited that the Securities (Amendment) Bill of 2022 is another Bill approved by Cabinet, for publication and introduction in Parliament during the current sitting, and the objectives of this Bill, among others, are to implement a risk-based approach in the supervision and regulation of capital markets, revise the supervisory powers of the Commission, provide corrective measures to an under-capitalized capital markets operator, and provide for the appointment of an auditor by a licensed person and revise the powers of the Capital Markets Tribunal.

Ms Kasanda alluded that the Cabinet observes that it is necessary to amend the Securities Act No. 41 of 2016, so as to align it with the risk-based framework introduced under the Financial Intelligence Centre Act No. 46 of 2010.

“This will ensure that the Commission effectively and efficiently undertakes its supervisory mandate over capital markets, especially in combating money laundering and countering the financing of terrorism, proliferation financing, and any other serious offence, matters of which the Government has already expressed interest to deal with,” she explained

During the same meeting, Ms Kasanda said that the Constituency Development Fund (Amendment) Bill, 2022, was approved in principle by Cabinet for the introduction in Parliament, to repeal and replace the Constituency Development Fund Act No. 11 of 2018.

She added that the Cabinet has observed that the Constituency Development Fund Act, enacted in 2018, does not adequately provide for the manner of decentralization as envisaged by the Government.

“Further, there is need to strengthen the application, disbursement and management of the CDF,” she said

Additionally, Ms Kasanda said that the New Dawn Administration has prioritized decentralization as a major driver for attaining broad-based development, reducing poverty, and enhancing job creation through citizen engagement and participation at the local level.

She said that with the massive increase of the CDF, it is necessary that there is no impediment in the provision of services to the people and also ensure that development is delivered in the most-quicker manner, as the amendment of the existing law, therefore, will also facilitate increased absorption of the CDF country-wide.

Ms Kasanda disclosed that the National Pension Scheme (Amendment) Bill of 2022 has also been approved in principle by Cabinet for the introduction of a Bill in Parliament to amend the National Pension Scheme Act No. 40 of 1996 so as to provide members of the Scheme an option to access part of the contributions before retirement.

“The New Dawn Administration has made a policy pronouncement on the need for a partial access to pension contributions by members of the National Pension Scheme through The President’s inaugural address to Parliament, the UPND Manifesto (2021-2026), and the 2022 Budget Speech, combined, as some of the policy documents that have pronounced the introduction of partial pension benefits,” she explained

Ms Kasanda however, cited that the National Pension Scheme Act No. 40 of 1996, in its current form, does not allow for the implementation of the policy pronouncement on partial access to pension contributions by members of the National Pension Scheme. Therefore, to implement this policy pronouncement, it is necessary for the National Pension Scheme Act No. 40 of 1996 to be amended.

“Cabinet is convinced that this is a good policy decision as it will allow employees to start planning for their retirement early enough,” Ms Kasanda mentioned

Fired DPP Siyunyi takes Govt to ConCourt Court to determine legality of her dismissal

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Sacked Director of Public Prosecution (DPP) Lilian Siyuni has asked the Constitutional Court to declare as ´null and void´ all the decisions leading to her ´illegal´widely publicised dismissal.

A respected prosecutor, Ms Siyuni has further asked the highest court in the land to consider compensating her for all the injustice she has suffered during the lengthy period that eventually led to her public dismissal by President Hakainde Hichilema.

In public court filings made by her Lawyers AMC Legal Practitioners, Ms Siyuni argues that the Vincent Malambo led Judicial Complaints Commission (JCC) lacked legal merit on the following as they recommended her dismissal:

• JCC did note make available or information or evidence to all parties in her case as required by law.

• JCC allowed ´new’ evidence to be adduced against her (DPP) long after the closure of the case, against the law.

• JCC illegally stopped evidence that could have supported her or was in her favour during the proceeding.

• The JCC quorum was not “legally” constituted and is at variance with the law (she has cited in court documents) documents any decision made by an illegal quorum is null and void.

• President Hichilema who was supposed to reject her application for a waiver for her immunity to be lifted did not do so in writing and in his “own signature” as required by law so any directive he made via the Attorney General to deny her a waiver is null and void and lacks legal backing.

• The Attorney General´s failure to prosecute the case as required by law makes the whole proceeding legally worthless and ought to be considered as a breach.

• The JCC decision to proceed and make a determinartion to punish her (DPP) in the face of an illness proven by law and the death of her father makes the entire outcome a farce and mockery of justice.

National Pension Scheme Act No 40 of 1996 approved 

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Cabinet has  approved in principle the introduction of a Bill in Parliament to amend the National Pension Scheme Act No 40 of 1996 so as to provide members of the Scheme an option to access part of the contributions before retirement.

Chief government spokesperson Chushi Kasanda  in a Cabinet statement obtained by ZANIS  this evening revealed that President Hakainde Hichilema has made a policy pronouncement on the need for partial access to pension contributions to members of the National Pension Scheme.

“The New Dawn Government has made a policy pronouncement on the need for a partial access to pension contributions to members of the National Pension Scheme through The President’s inaugural address to Parliament,   the UPND  Manifesto (2021-2026); and the 2022 Budget Speech, combined, as some of the policy documents that have pronounced the introduction of partial pension benefits, ” she adds in the same statement.

The Chief Government Spokesperson indicated in the statement that the current form of the National Pension Scheme Act No. 40 of 1996 it does not allow for the implementation of the policy pronouncement on partial access to pension contributions to members of the National Pension Scheme.

“However, the National Pension Scheme Act No. 40 of 1996 in its current form, does not allow for the implementation of the policy pronouncement on partial access to pension contributions to members of the National Pension Scheme. Therefore, to implement this policy pronouncement, it is necessary for the National Pension Scheme Act No. 40 of 1996 to be amended,” read the statement in parts.

The Minister said Cabinet is convinced that the policy initiated by  government will allow employees to start planning early for retirement.

Apart from the legislative matters attended to during the Meeting, Cabinet also approved the Mineral Resources Development Policy and its Implementation

Plan 2022 – 2026.

This is after Cabinet realised that the Mineral Resources Development Policy of 2013 is inadequate in dealing with the many new issues taking place both locally and internationally in the mining industry.

“Therefore, there is need to address these new challenges that have emerged in the industry such as low investment in mineral exploration and mining; low participation of Zambians in the mineral value chain; inadequate growth coupled with the informality of the artisanal and small-scale mining sub sector; and to operationalize the new Government ambitions to ramp up Copper production to 3 million metric tons per annum by 2031, ” reads the statement in part.

During the same meeting, Cabinet approved some recommendations from the 2022 findings of the Mining Cadastre Audit Report.

These include, re-opening the Mining Cadastre Department following the completion of the audit exercise; floating of the bids for the blocked mining rights to companies which are wholly or partly owned by Zambians; restricting the number of mining rights an entity or company or related companies should have to only five; ensuring that foreign entities wishing to acquire mining rights, partner with Zambians or companies owned by Zambians; and utilisation of ICT in the conduct of business to avoid human interaction.

“Cabinet further agreed to address the issues which have compromised the issuance and management of Mining Rights; make decisive measures to unlock investment in the mining industry; and enhance efficiency, transparency and accountability in the administration of mining rights.”

In a related development, Cabinet also approved the Integrated Artisanal and Small-Scale Gold Mining and Marketing Development Model which will be used to develop the Artisanal and Small Scale Gold Mining sub-sector.

And identification or appointment of a government entity as the Gold Aggregator; establishment and formalisation of the gold marketing centres.

The new developed model will see State Security being provided in all gold mining areas with a view to improve security in trading areas for gold miners and traders.

“The establishment of a Gold Refinery and value addition centres through Private Public Partnerships (PPPs); establishment and operationalisation of the Minerals Regulatory Commission; and provision of State Security in all gold mining areas and improve security in trading areas for gold miners and traders.”

Cabinet has recognised that there has been a proliferation of informal artisanal gold mining activities in many parts of the country involving multitudes of youths.

“Therefore, this in itself is testimony that, if well-managed, the sub-sector has the potential to absorb many youths in the much-needed job and wealth generation activities. Considering that these youths are attached to families,  Cabinet is convinced that artisanal gold mining is one avenue through which the Government can use to fight extreme poverty, especially in the rural areas and consequently, lead to development in line with the Eighth National Development Plan, ” reads the statement.

Meanwhile,  the Cabinet has approved the Fourth Cycle National Report on the Universal Periodic Review (UPR).

The approval  is  meant  to facilitate the submitting of the report to the Human Rights Council as per the Human Rights Council resolution 16/21 adopted on 25 March, 2011, and decision 17/119 pertaining to the review of the Council.

The second and subsequent cycles, which provide that Universal Periodic Review (UPR) should focus on, among other things, the implementation of the accepted recommendations and developments of the human rights situations in the State under review.

Chief government spokesperson Chushi Kasanda explains in a statement obtained by ZANIS this evenning that every UN Member State is required to prepare and submit a Fourth Cycle National Report on the Universal Periodic Review.

Zambia, being a UN Member State, is among the group of States to be reviewed by the Universal Periodic Review Working Group during the January-February, 2023 Calendar reviews.

Ms Kasanda stated that the policies and legislative matters deliberated on during Cabinet meeting were aimed at improving service delivery to the people of Zambia based on the ruling Party Manifesto and in accordance with the transformation Agenda for government going forward.

Comprehensive Agricultural Program embarked on-Agric Minister

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The government says it has embarked on a Comprehensive Agricultural Program to enhance production and processing in the agricultural sector.

Agriculture Minister Reuben Mutolo Phiri says government is in the process of enhancing agricultural diversity under the Farmer Input Support Program (FISP) through supply of different seed varieties to small scale farmers as opposed to Maize, only.

Speaking during a National Seed Fair at GART in Chisamba, Mr Phiri said diversification and value addition in the agricultural sector can lead to economic development.

And Central Province Minister Credo Nanjuwe has called on farmers in the Province to use improved Seed varieties for improved yields. Mr Nanjuwe says the New Dawn government will ensure support to farmers in order to enhance value addition.

Meanwhile, Government has encouraged smallholder farmers in Northern Province to practice mechanised agriculture.

Northern Province Deputy Permanent Secretary Lewis Mwape says use of machinery in farming will not only help smallholder farmers to save on time but also labour costs.

He also stated that the government is developing a national Agriculture strategy to resolve the lack of mechanisation in the country.

ZANIS reports that the Deputy Permanent Secretary this when he officiated at the exhibition show on mechanised farming event organized by the Sustainable Intensification of Small Holder Farming Systems in Zambia (SIFAZ) held at Musa Farm Institute in Kasama.

Meanwhile, the deputy permanent secretary has urged farmers to take advantage of the loan component from the Constituency Development Fund (CDF) and Citizens Economic Empowerment Commission (CEEC) to acquire the funds to acquire farming machinery.

“As you are all aware, Government is keen to see that the private sector is an active participant in the Agriculture Business. This is a sustainable way of handling sustainable business relationships as projects have a time frame, but the Ministry of Agriculture, the farmers and the private sector will continue co-existing, ” he said.

Sustainable Intensification of Small Holder Farming Systems in Zambia (SIFAZ) National Project Coordinator Geoffrey Siulemba reiterated his organization commitment to promoting mechanisation among smallholder farmers.

The SIFAZ project is supporting the production process which includes land preparation, crop management, harvesting and post-harvest and processing.

Mr. Siulemba explained that SIFAZ project is linking farmers under the farmer groups to reliable partners with various potentials to support cooperatives in accessing agricultural inputs, finance, markets and mechanization among others.

Northern Province Provincial Agricultural Officer Innocent Mulauzi bemoaned the low hectares under cultivation among farmers in the province.

According to a statement issued by the Serenje town council Public relations officer Oscar Malipenga, noted that although the number of farmers in the province is high, the hectare remains relatively low attributing this to the lack of mechanisation.

He has further encouraged farmers to ensure they are in registered cooperatives.

And Henry Chisanga, a farmer from Mumbi camp in Mungwi thanked SIFAZ for organizing the show.

He said practicing sustainable Intensification Agriculture will help him realize tangible benefits.