By Elias Munshya wa Munshya

Zambia has produced no engineer with more impeccable engineering credentials than Professor Clive E. Mulubwa Chirwa’s. From jet engine engineering to car aerodynamics, Professor Chirwa’s engineering credentials are among the best in the whole world. But the dear professor should quickly realise that being successful at mechanical engineering is quite different from doing political engineering. Nothing demonstrates Professor Chirwa’s misunderstanding of politics than the proposal he has made about the way forward for the so called UPND/PF pact. According to this “Chirwa Plan”, the Pact can easily resolve its “presidency” impasse by having Michael Sata become the Pact’s presidential candidate while Hakainde Hichilema should accept the position of Vice-President. Once the Pact forms government the two parties should then divide the spoils of cabinet on a 6 to 4 ratio with the PF having a majority of cabinet portfolios. It is my argument that the Chirwa Plan cannot work for several reasons.

The Chirwa plan ignores simple constitutional provisions. In Zambia’s constitutional character, the power of State subsists in the office and person of the President of the Republic. As Chief Executive Officer of both the government and the State, it is the sole prerogative of the President to both appoint and disappoint ministers subject to the provisions of the law. In so doing, the president cannot be bound by parliament or by his own party or by a pact or indeed by a coalition of parties as the case may be. Once elected and sworn into office, the president is expected to act according to his best judgment and wisdom.[pullquote]It is rather surprising that to ensure compliance the Chirwa Plan expects the two leaders to sign a document detailing the terms of this political coalition. This document signing should be witnessed by the church and other non-governmental organizations. I would be very anxious to find out what legal effect such an agreement will have. Will it be a contract or a treaty? Just from the Barotseland Agreement of 1964, Zambia has a clear precedence of not adhering to such contracts or agreements[/pullquote].

Additionally, in our republican political system, the presidency does not derive its power from political parties as represented in a parliament, but rather directly from the electorate. As such, a coalition on the lines of the British parliamentary system, as an example, is constitutionally untenable in Zambia. When the British, the Canadians, or South Africans go to elections they vote for a parliament and it is from parliament where the Head of Government is chosen from. In the case of Zambia, it is the direct universal suffrage that elects a president. It is, therefore, difficult in Zambia to form a parliamentary ruling coalition of parties because a president cannot constitutionally be bound by such a coalition in exercising his prerogative to choose his government and other officers of the State. In Zambia, parliament or parties in parliament do not determine who or how the president should serve the nation.

It is rather surprising that to ensure compliance the Chirwa Plan expects the two leaders to sign a document detailing the terms of this political coalition. This document signing should be witnessed by the church and other non-governmental organizations. I would be very anxious to find out what legal effect such an agreement will have. Will it be a contract or a treaty? Just from the Barotseland Agreement of 1964, Zambia has a clear precedence of not adhering to such contracts or agreements. Besides, Zambians do not expect their president to choose his cabinet from a gathering of church leaders and NGO’s. We are not a kangaroo nation. We choose the president and we expect him to exercise his wisdom and prerogative. We would not want a president whose presidential prerogatives are determined not by national interests but by the interests of Kabulonga based NGOs. Zambia is bigger than Kabulonga.

In the event that Zambians elected Michael Sata to the presidency, under the current constitution, Sata will have no obligation to honour the Chirwa Plan. The constitution will indeed be on the president’s side and the so called Chirwa plan can be dishonoured on the first day a president Sata takes office. The Chirwa plan would fail for lack of constitutional effect.

The Chirwa plan quite blatantly ignores the political significance of UPND and the rise in the popularity of Hakainde Hichilema. If by-elections are to be used as predictors of political patterns, it is clear that HH does have a solid shot at the presidency. HH has shown meteoric rise in his popularity since the last elections. He has managed to sweep nearly all of the by-elections in the critical province of Northwestern, and he is on the verge of breaking through in Western Province. The Chirwa plan does not take this important element into account.

By giving Sata the Pact’s presidency, the Chirwa plan ignores the significance of the Southern Province vote. Regardless of what many want to believe about Zambian politics, Southern Province still represents a significant voting bloc. This voting bloc is clearly faithful to HH and his UPND. However, this faithfulness to HH should not and cannot transfer to Michael Sata. If HH goes ahead and succumbs to Sata, Southern Province is very likely to break for the MMD and its candidate Rupiah Banda. The MMD is relishing this chance. They are just waiting for the Chirwa Plan to be implemented and VJ Mwaanga and several southern MMD sympathisers will swing into action to convince the people of Kalomo, Choma and Namwala that HH is a sell-out. HH is not dull and he understands very well where the ordinary folk in Mapatizya stand with regard to Michael Sata.

There is no doubt that many in the Pact have been anxious about its future and relevance. It has been my position that a Pact of independent political parties working together to remove a ruling party is good just for that purpose. However, it cannot be good for governing because the Zambian system cannot tolerate such coalitions. If the UPND and the PF were serious about uniting both before and after elections they should have disbanded their respective parties and gone to a convention to choose a presidential candidate.

But the PF and the UPND are no fools. They knew exactly what they wanted in the Pact. They knew exactly that while they showed a pretended appearance of unity, HH and Sata were not as united as we thought. But as for the Chirwa Plan it is as mythical as the myth that some continue to perpetuate about the existence or even relevance of the UPND and PF Pact.

The Government has said it it will not rescind its decision to abolish Academic Production Unit (APU) classes because it was done in good faith following the improved classroom infrastructure in the country.

Education Minister Dora Siliya said yesterday that APU classes were introduced because of a shortage of schools, and that since the situation had improved there was no reason for such classes to continue.

Ms Siliya, who was speaking when she paid a courtesy call on Central Province Minister Ackimson Banda in Kabwe yesterday, that the decision to abolish APU classes was done in the interest of pupils who should not be considered as inferior.

She said the Government believed in equal distribution of education facilities in line with the Government’s policies, and that it was ready to meet with unions, guardians and parents over the matter.

Early this week, the Secondary School Teachers Union of Zambia (SESTUZ) objected the Government’s decision to abolish APU classes.

SESTUZ deputy general secretary for administration and organisation, Emmanuel Zulu said it was premature to do away with APU classes given the existing inadequate infrastructure and over-enrolment in schools.

Meanwhile, Ms Siliya paid tribute to the central provincial administration for working hard and contributing to Zambia’s development through improved health, education facilities, as well increased productivity.

She said Central Province had continued being a shining example to other provinces because of various economic activities taking place in the area.

The provincial minister, Mr Banda reiterated the provincial administration’s commitment to ensuring that programmes such as the construction and rehabilitation of schools and teachers’ houses were carried out in line with the Government’s vision of improved infrastructure.

Mr Banda said currently, the exercise of phasing out schools built using mud was going on well, and was hopeful that once finances were made available, the exercise would be concluded.
[ Times of Zambia ]

FORMER Patriotic Front (PF) secretary general Edward Mumbi has applied to the Lusaka High Court to strike out some particulars of facts that Catholic priest Frank Bwalya should state that he masquerades as his late brother by using the name Edward Mumbi when in fact he is supposed to be called or known as Kangwa Mumbi or Mumbi Kangwa.

This is in a matter in which Mr Mumbi has sued Fr Bwalya for defamation over some words Fr Bwalya made during a QFM Radio programme.

According to an affidavit in support of summons to strike out part of the defence, Mr Mumbi contended that in his defence, Fr Bwalya admits that the words complained of were defamatory, but that he pleaded justification.

“That in the defence of justification, the defendant gives particulars of facts relied on as that, the defendant will aver the plaintiff masquerades as his late brother by using the name Edward Mumbi when in fact he is supposed to be called or known as Kangwa Mumbi or Mumbi Kangwa and (b) that the plaintiff went to the Press and alleged that the defendant received US$100, 000,” reads the affidavit in part.

According to the affidavit, the particulars of facts, which are only a repetition of the defamatory words, complained of and subject of the action may be prejudicial, embarrass, or delay the fair trial of the action.

“That the particulars of facts relating to US$100, 000 is scandalous, frivolous and vexatious and further irrelevant to the plea of justification as the defence therein,” he said.

Last year Mr Mumbi sued Fr Bwalya for defamation over some words that he uttered on Radio QFM.

[ Times of Zambia ]

THE United Party for National Development (UPND) has refuted reports that the pact has settled for Patriotic Front (PF) president Michael Sata as its presidential candidate.

PF secretary general Wynter Kabimba told a press briefing that his party had received proposals from UPND through its chairman for international relations Clive Chirwa, indicating among other issues that Mr Sata should be the pact presidential candidate in the 2011 general elections.

But UPND president Hakainde Hichilema said it is mischievous for Mr Kabimba to publicise suggestions made by an individual member of the UPND.

Mr Kabimba said during the press briefing that the PF received fundamental proposals from the UPND regarding the pact, including one that the two political parties should design and agree on a common manifesto or social and economic development agenda.

The other proposal is that the two parties share constituencies with the PF taking 60 percent of the parliamentary seats and the UPND 40 percent.

Mr Kabimba said the UPND also proposed that Mr Sata be the pact presidential candidate in the 2011 presidential and general elections and that Mr Hichilema should be vice-president if the pact forms government.

The UPND also proposed that the Cabinet portfolios be shared, with PF taking 60 percent and UPND 40 percent, and that these proposals should be embodied in a document to be signed by the two leaders at a ceremony to be witnessed by NGOs, the Church and other stakeholders.

“In our desire to ensure that the pact makes progress and in order to show our commitment to the PF-UPND pact, we hereby accept these proposals within the working time frame attached to them. I have accordingly written to the UPND secretary general,” Mr Kabimba said.

[pullquote]“We don’t want to go into government as a bunch of jokers. We don’t want to bring old politics of hide and seek and opportunism. If the PF is ready to talk, we are ready,” he said.[/pullquote]

He said the pact between PF and UPND is still alive and viable as an alternative government to the MMD during this year’s tripartite elections.

But Mr Hichilema, who also held a press briefing later, said no decision had been made on the pact presidential candidate.

“It is important that we present facts. Anybody issuing contrary statements to this fact is being malicious and is misleading the nation,” he said.

Mr Hichilema said UPND had requested the PF to dialogue but that it had taken eight to nine months without the meeting taking place.

He reiterated the need for both parties to agree on the national social economic programme.

He said the issues include the provision of health and education and clean water.

“We don’t want to go into government as a bunch of jokers. We don’t want to bring old politics of hide and seek and opportunism. If the PF is ready to talk, we are ready,” he said.

And asked what he thought Mr Kabimba’s motives were, Mr Hichilema replied, “One has to check his motives. Anyone with interest in this matter can only speculate.”

“Our management style is different and, therefore, we will not be driven by Mr Kabimba’s style. For me, what is good for the Zambian people is what matters.
[pullquote]“Our management style is different and, therefore, we will not be driven by Mr Kabimba’s style. For me, what is good for the Zambian people is what matters. [/pullquote]

We should not rush to choose candidates. What’s the point of having a position if you can’t deliver? The presidency and public office must be taken seriously, so let us not be excited about the views of one individual,” he said.

And in his response to Mr Kabimba’s letter, UPND secretary general Winstone Chibwe said the proposals are the personal views of Professor Chirwa and should not be taken as the official position of the party.

“The UPND is procedural in decision making and has not made any of the alleged proposals,” he said.

Mr Chibwe said it is important for Mr Kabimba to show maturity and seriousness in the way this matter is handled to promote mutual trust and confidence in matters of the pact.

“It is important to engage each other in a procedural and dignified manner as we seek public office. Any departure from this will only serve to undermine our standing in the eyes of voters. Confidence, procedure and decency are important ingredients in pact governance,” the letter reads.

Mr Chibwe said UPND had written several letters to which there has been no response from the PF.

“The last letter to the PF president dated 20th January, 2011 had an enclosure of our UPND press statement which contained fundamental social economic and governance issues that we in the UPND believe must come first before even contemplating the issue of Presidency that you have clumsily dealt with this morning,” the letter reads.

“We are, therefore, surprised that you have opted to take the personal views of Prof. Chirwa to the press without contacting us when you have failed to respond to our official position,” Mr Chibwe said in his reply.

And President Banda says he cannot blame UPND for distancing itself from the reports.

The President said on arrival from Livingstone that Mr Sata is a “hostile and aggressive” man who dwells on insulting other people, but does not want to be criticised.

[pullquote]“We are, therefore, surprised that you have opted to take the personal views of Prof. Chirwa to the press without contacting us when you have failed to respond to our official position,” Mr Chibwe said in his reply.[/pullquote]

He said the politics that Zambians want will eventually marginalise him.

And Chief Mwanachingwala says the pact has failed to work because Mr Sata has not been honest with Mr Hichilema.

“Hakainde has been very honest but Mr Sata has not, so the pact cannot work,” he said.

He said the wrangles in the pact have given the ruling MMD a 60 percent chance of winning the elections.

“What I know is that Mr Sata will not allow Mr Hichilema to stand as pact president. And how can Hichilema be vice-president when the Constitution does not provide for a running mate?

How sure is Sata that he is going to win and make Hichilema vice-president? And how sure is Hichilema that Sata would not change his mind if he was to win the elections?”

Chief Mwachingwala advised Mr Hichilema and the UPND to work with the MMD.

[Zambia Daily Mail]

A forty one year old female accountant has pleaded not guilty to sixteen counts of theft and forgery of over hundred million kwacha and over sixteen thousand us dollars.

Exhildah Mutekenya is alleged to have stolen the said resources from her employer our lady’s hospices between May 14th 2009 and December 4th 2009.

She is alleged to have forged two cheques and a receipt which purported to show that they were genuinely obtained and signed for by relevant authorities.

The cheques are in amounts totaling forty five million kwacha and the receipt is totaling twenty million kwacha.

Ms. Mutekenya who appeared before Lusaka resident magistrate, Wilfred Muma, also pleaded not guilty to two counts of altering the two cheques she is alleged to have forged to one, Kemma Kandepu.
[ MUVI ]

Nazarias Mbewe who was a chief pay master at Kaoma’s Luena Barracks has been jailed for five years with hard labor while two other officers Crispin Nyirongo and Willy Mbukwana have been slapped with a four year jail sentence.

The trio who was jointly charged with two others, Benedict Chankanga and Ganizani Goma who were yesterday acquitted, are alleged to have stolen the said resources from the Public pensions fund.

The said money was deposited into Nazaria Mbewe’s account on pretext that it was his retirement package when in fact he was dismissed after being convicted of other criminal charges.

And in passing sentence Lusaka resident magistrate Exonobet Zulu said he had heard all that the convicts had said in their mitigation.

Magistrate Zulu, however, noted that while it is a fact that Mr. Mbewe served in the Zambian army for thirty four years, what matters is his service rendered to the army.

He said it is of no benefit if in his 34 years of service he stole tax payers’ money.

And Magistrate Zulu has further ordered the three convicted officials to pay back the three hundred and twenty six million kwacha they are alleged to have stolen.
[ MUVI ]

Some civil society organisations (CSOs) working with opposition political parties have launched a campaign to discredit the outcome of the 2011 presidential and general elections and psyche Zambians to reject the results if the MMD won the polls, it has been learnt.

Former Patriotic Front (PF) secretary general Charles Chimumbwa said the continued allegations on radio stations by the known CSOs was part of the campaign.

Mr. Chimumbwa, who is also former Nchanga PF member of Parliament, said the organisations wanted to rally support for the collapsed alliance involving PF and the United Party for National Development (UPND).

He said the CSOs wanted supporters of the two political parties to reject the results if they would be in favour of the ruling party.
[pullquote]“The motive behind this trick is to make people lose faith in the commission and once this happens, the people will not accept the results that will be announced.

“This will be the genesis of the revolution against the MMD Government,” Mr Chimumbwa said.[/pullquote]
Mr. Chimumbwa said the campaign involved attacking the credibility of the Electoral Commission of Zambia (ECZ) by claiming that the commission would rig the elections in favour of the ruling party.

He said the CSOs had taken advantage of the situation at the ECZ where former chairperson Florence Mumba resigned her position following protests by workers over a K1 billion contract awarded to KPMG to audit the commission.

“We urge our leaders not to listen to these CSOs that have turned into prophets of doom, lying that the elections will be rigged or have already been rigged,” Mr Chimumbwa said.

He said PF leader Michael Sata was a failed politician and urged Zambians who had not yet registered as voters to go ahead and register because the rumours about rigging were unfounded.

Mr. Chimumbwa said President Rupiah Banda was the right person to run Zambia to help consolidate the economic gains so far recorded.

He said there had been attempts to create an impression that the recent confusion at ECZ was fuelled by the ruling party.

“The motive behind this trick is to make people lose faith in the commission and once this happens, the people will not accept the results that will be announced.

“This will be the genesis of the revolution against the MMD Government,” Mr Chimumbwa said.

He called on the law enforcement agencies to ensure those involved in such clandestine activities were brought to book.

[ Times of Zambia ]

United Party for National Development leader Hakainde Hichilema has said there is need for his party and its pact partners the Patriotic Front to agree on how they intend to develop the nation when voted into government before jostling for positions in the pact.

Mr. Hichilema told QFM news in an interview that the two political parties need to agree on governance issues and how they will work towards improving the living standards of the Zambians when in government.

Mr. Hichilema added that the two parties need to commit themselves to work on a constitution that will among other things address the 50 plus 1 and the presidential running mate clause.

He said the pact also needed to indicate that it will also work towards liberating the judiciary so as to improve the dispensation of justice in the country.

Mr. Hichilema noted that his party had written to its pact partner the PF on the need to convene and agree on all the pertinent issues affecting the nation.

And Mr. Hichilema has clarified that according to the memorandum of understanding signed when the pact was formed; the two political parties are free to campaign as single entities.

The opposition leader said the formation of the pact was based on issues of national interest and that its existence does not in any way take away the legitimacy of the individual political parties.

Mr. Hichilema added that despite a few misunderstandings the pact is still valid and hoped that the PF will respond in good time to UPND’s request for the two parties to meet and address issues affecting the pact.

He was reacting to media reports that the pact’s existence had vanished following the revelations that the two parties had embarked on separate campaign tours.

QFM

By LusakaTimes
Government has condemned PF leader Michael Sata’s conduct at chief Mporokoso’s palace in Northern Province where he is alleged to have harassed the chief’s retainers.

And the Zambia Daily Mail has demanded an apology from Mr. Sata and payment of K5 billion for damages for storming into the newsroom during an editorial meeting yesterday.

In a statement released today, Information and broadcasting minister Lt. General Ronnie Shikapwasha said Mr. Sata’s blatant disrespect for the traditional ruler to openly quarrel with his retainers at the
palace was unacceptable.

Lt. General Shikapwasha who is also chief government spokesperson said the Zambian society was premissed on traditional rulers as custodians of norms and values.

He described Mr. Sata’s reported outbursts at the chief’s palace and at the Zambia Daily Mail where he is also said to have stormed into the editorial meeting as unbecoming.

Meanwhile the Zambia Daily Mail has demanded an apology from Mr. Sata and payments of K5 billion for damages.

George Zulu the corporate director at Zambia Daily Mail said Mr. Sata issued threats at management and reporters and stressed that it was not the first time that the opposition leader was storming into the
newspaper’s editorial meeting and disrupting business.